04-14-48 APRIL ldth, 19~8
A recess session of the City Council of the City of Delray Beach was held
in the Council Chambers at 3 PM with Mayor L H Brannon in the Chair, and City
Attorney John Moore, City Manager Charles E Black, and the followir~ Councilmen
present: John N Kabler and Neil E MacMillan, a quorum being present.
City Attorney Moore asked the Council to establish a policy for the charging
of fees for his appearance in Court on behalf of the City, and after consideration
by the Councilman Kabter that a schedule be adopted for $ 10.00 for one appearance
in Court and $ 5.00 for each additional appearance L~ Court on the same case. Upon
call of roll the motion carried unanimously.
A letter ~rom the Zoning Board with reference to a proposed change in the
square footage requirement for construction of a duplex building in a Residence
B District, was presented by the City Manager, and read as follows:
"April 13, 19~8
Hon Mayor and City Council
Delray Beach, Fla
Gentlemen:
At the joint meeting held on March 2dth, the Zoning Board voted unanimously
to recommend to the City Council that the square foot area of lots on which
duplexes are to be erected, will be a minimum of 7500 square feet.
Respectfully,
(Signed) King S Cone
Chairman, Zoning Board"
After consideration by the Council, a motion was made by Councilman MacMillan,
seconded by Councilman Kabler, that the recommendation of the Zoning Board be
adopted as to duplex construction in a Residence B zone, and upon call of roll the
motion carried unanimously.
The City Attorney was instructed to prepare an Ordinance to amend the
Zoning Ordinance to provide for this change in the square footage requirement
in a Residence B District, for adoption by the City Council.
A letter from the Chairman of the Board of Trustees of the Presbyterian
Church was presented and read as follows:
"Delray Beach, Florida
April 8, 19~8
City Council
Delray Beach, Florida
Gentlemen:
I am writing this letter in behalf of the Board of Trustees of the First
Presbyterian Church of Delray Beach.
April l~th, 19/48
As you gentlemen, probably know, the First Presbyterian Church has expanded its
membership in the last few years, and has enjoyed a large increase in attendance
of winter visitors to such an extent that it is faced with a serious parking
problem each Sunday. The Church is so situated that the available parking space
is exceedingly limited. Fortunately the Church owns Lots 8-13, Block 2, Ocean
Park, which offers some parking space, however it has been necessary for some
time now to also use Lot 7, Block 2, Ocean Park. It is our understanding that
this lot is owned by the City of Delray Beach.
It is our understanding that it has been the policy of the City to lease some
of their unused lots to organizations for a period of 99 years where the facts
indicate it best for the general welfare of the community and town. We believe
the circumstances justify such a lease of Lot 7 to our Church. It is therefore
the request of the Trustees of this Church that your honorable commission grant
to the First Presbyterian Church of Delray Beach a lease for 99 years of the
above described lot.
Your favorable consideration of the above matter will be greatly appreciated
by all members and visitors of our Church.
Respectfully,
Dan Meadows, Chairman
Board of Trustees "
Upon advise from the City Attorney that it would be contrary to State law
to make a veritable gift of this kLnd to a church, a motion was made by Councilman
Kabler, seconded by Councilman MacMillan, that the Presbyterian Church be allowed
to use this City lot for parking purposes until such time As it is needed by the
City. Upon call of roll the motJ on carried unanimously.
No action was taken on a request from Mr Joku B Reid that the name of Gleason
Street be changed to Ocean Plaza Drive, which had been considered by the Council
and tabled several-months ago.
A letter from Dr J E Anderson, D V N, was presented by the City Manager and
read as follows:
"April 5, 1948
Members City Council
Delray Beach, Florida
Gentlemen:
For some time, the increasing incidence of rabies in the state of Florida has
been viewed with alarm by veterinarians and city and county officials alike.
Outbreaks in Miami, Jacksonville and Tampa occured last year. West Palm Beach
had one official case listed. Most of these cities countered this threat with
a strong anti-rabies vaccination program.
APRIL 74 th, 1948
In the Delray Beach area alone, there are at least five hundred unvaccinated dogs
roaming the streets in the colored sections of town and in the city proper. These
animals constitute a potential menance to the citizens of the community, their
children, and their livestock.
I therefore, strongly recommend that the city construct and maintain a dog pound
for the p~rpose of quarrantining stray or unvaccinated dogs.
I also strongly suggest that Delray.Beach adopt suitable measures to enforce its
ordinance on the reauired yearly vaccination of dogs.
Sincerely,
J Eric Anderson, D V M
JEA/fa"
City Manager Black explained that Dr Anderson had been asked to come to
Delray Beach and vaccinate dogs, but feels it would be a waste of time, without
some provision being .made to pick up stray dogs and impo~ld them. Mr Black stated
that in order to enforce the existing Ordinance governing stray dogs, we would
have. to set up a dog pound and employ a dog catcher.
Nayor Brannon stated that he believed a dog pound would be self-sustaining
after a few dogs had been picked up, and that it would be an advantage in case --
an epidemic of rabies should break out. He explained that the Animal Rescue
League is willing to cooperate ~ in furnishing information and assistance J_n the
control of stray animals, but it is a city project.
~fter discussion, the City Attorney was requested to check existing Ordin-
ances v~ith regard to the vaccination a~d impounding of dogs, to determLne what
can be done to enforce them.
A letter from the Delray Beach Property Owners Protective Association was
read, as follows:
APRIL !gth, 1948
~ayor Brannon recommended the appointment of a Committee to study the charter
which was to have been voted on'in February, to eliminate the objectionable phases,
and upon motion of Comnci!man ~ac~i!lan, seconded by Councilman Kabler, a Committee
consisting of Nr John H Adams, t{r Rhea l. Vhitley and Nr Fred H Link was appointed to
draw up a proposed charter to be submitted to the people at large, the Civic Organ-
izations, and finally to the City Council for consideration and approval. Upon
Call of roll the motion carried unanimously.
Eequests from Fire Chief Gregory for appropriation of $50.00 to send on regulaF
FiI~men and two Volunteer Firemen to a Fire Convention to be held at Daytona Beach
on April 26 - 28, and $ 50.00 to send himself and one Fireman to a Fire College to
be held in Orlando in July or August, were presented by the City ~anager.
A motion was n~de by Councilman ~ac~illan, seconded by Councilman Kabler, that
an appropriation of $ 50.00 be made to the Fire. Chief towards the expenses of
attending one or the other of these functions, whichever he feels would be of
most benefit to his Department. Upon call of roll the motion carried unanimously.
City ~anager Black then advised the Council that the Fire Department, in
addition to fighting fires, is running the shop, repairing e~uipment, welding,
doing carpenter work, repairing appliances, etc. for the City, and recommended
that they be commended for this cooperation, ~r Black stated that this Department
is doing a wonderful job for the City, both officially and unofficially.
A motion was then made by Councilman ~ac~illan, seconded by Comncilmsn Kabler,
that the City ~anager write a letter to the Fire Department expressing the apprec-
iation of the Council for their efforts. Upon call of roll the motion carried
unanimously.
City Nanager Black advised the Council that plans and specifications would
be. ready within a week on the high lift pumps for the water plant, and asked
authorization of the Council to advertise for bids, to be received on or before
~ P N on Nay lath.
Upon motion of Councilman Kabler, seconded by Councilman ~.{acl{illan, unanimously
carried, the City ~anager was authorized to proceed in receivLng bids on this ~
equipment.
Mr Black further advised the Council that in checking the Engineer's plans
he had fou~nd that they had planned a 900 gallon minimum capacity pump in one
position and a 1500 gallon mimimum capacity pump in the other, and that at_~ normal
operating level they will probably run 1100 and 1800, which will give good
pumping capacity. He also explained that in installing these pumps the factored
rate in electricity will be increased slightly, but the City will be in line for
a water pumping rate in place of a power rate, which may comnensste for the
difference, and the pumping time will be shorter.
Councilman NacNillan asked the Coumcil for a definite d~cision as to whether
the City should have his six lots in Block 51, adjoining the Athletic Field, which
he offered to trade for some other City owned property. Nr NacNillan stated that
he would be willing to trade the six lots for the property owned by the City in
Vista Del ~ar Subdivision.
APRIL lath, 1948
Councilman l~ac~illan then took the ~ayor' s chair to allow ~ayor Brannon to
second a motion made by Councilman Kabler that letters be written to Kenneth ~'
Nontgomery and Frank P Gracey, Sr requesting them to make a appraisal of the follow-
lng described properties - Lots i to 6, inclusive, Block 51, owned by NeLl E and
Nellie N NacNillan and Hugh and Anne NacNillan, and the West 1/2 of Lot '13 and Lot
14 less the West 17', Vista Del Nar Subdivision, ov~ed by the City of Delray Beach.
The ~otion carried, Councilman Brannon and Kabler voting in favor of the motion,
Councilman NacEillan not voting.
City Nanager Black stated that he would like to get some action started on
the possible sale of other City owned property, and the City .Attorney was instructed
to check Charter requirements governing the sale of City o~ed properties, the
Council wilt t~en sit as a body and go over the list; on Tuesday night, April 20th,
if possible.
City Attorney lf. oore was authorized to go before the Board of County Commissioners
on ~onday, April 19th, to request that all City owned properties be exempt from County
taxes on the 1947 and 1948 tax rolls.
Council then adjourned.
City Clerk
APPROVED:
~ayor