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11-23-48 7'7' A regular meeting of the City Council of the City of Delray ~each was held in the Council Chambers at 7:30 P.M. with Mayor L.H. Brannon in the Chair, City Attorney John Moore, City ManagerChas. E. Black, and the following Councilmen present: M.M. DeWitt, John N. Kabler, and Nail MacMillan, a quorum being present. Mayor Brannon gave the audience this opportunity to be heard on any matter. A letter from the Tennis Committee was presented by Dr. E. Monroe Father. Dr. Father explained tothe Counc ilthat the committee had recommended lower daily rates during the week hoping that some people might play on week days and relieve the crowded cou~ts on Saturdays and Sunday~ He also explained that a reduction in the yearly rate had been recommended to allow young married couples, especially veterans, to become members, and that school children would be given their same privileges, without change. Councilman DeWitt then moved that previous Council action be rescinded and that the Council concur with the Tennis committee in it s recommendation. Councilman MacMillan felt that the daily fee should be the same every day to avoid criticism that the courts are being reserved on week ends for a certain group of people. Dr. Farber then stated t~t he believed that those who were free to play at any time would Just as soon play during the week as on weekends, and this would relieve the congestion on the courts on Saturdays and Sundays. In answer to criticism which he had heard, he had asked a Mr. Cpllier, a visitor in the City, to be present, who was willing to answer any questions as to how the courts are being run, whether for home folks benefit alone, or not. Mr. Colder was asked no questions. Councilman Kabler then seconded the foregoing motion of Council- man DeWitt and the motion carried unanimously. Dr. J. R. Nieder then addressed the Council~in behalf of Mr. Ralph Stewart, Manager and Profressional at the Golf Course, who had been notified of the termination of his contract, to become effective on December 1st. Dr. Nieder asked what plans the Golf committee had to replace Mr. Stewart~ and asked that the reasons for his dismissal be explained. He asked for an explanation in the change in the archi- tecture of the Golf Course, for the change in the bumpers, the sanding of the greens, etc., as w 11 as a statement of how much money is being stent, and for what purpose, in order to make a compa~ison with the cost of operation of the eighteen hold course at Gulfstream. Dr.. Nieder stated that it is estimated that the City will spend approxi- mately ~15,000. during the present fiscal year and in his opinion it will still be a "chicken run .~ City Manager Black stated that the Golf Committee, at its last meeting, had decided to terminate its contract ~th Mr. Stewart, due to several factors which were discussed at length, and that they were considering certain parties to replace him. Having heard of tlzts petition, they were waiting to see the outcome of this m~eting, if the petition is filed, before taking any definite action. Dr. Nieder again asked for an explanation of the charges, but NOVEMBER 23, 1948 Mr. Black was advised by the City Attorney to be careful about explaining any charges at this time. Copies of letters from the Golf Committee, recommending that Mr. Stewart be dismissed as of December 1st, and of the City Manager advising Mr. Stewart of the termination of his contract, were read, both of which letters were read and approved by theCity Council November 9. Dr. Nieder then c~mplained that t he letters did not contain any specific charges, thatbedause the caddy carts had not been paid for was no cause for dismissal, and that someone had been paid for the maintenance of the C~u~ House during the summa r while Mr. Stewart was not in the Citye He contended that one m~.n had influenced the Golf Committee, and that the Golf Course was being operated by a minority group. City Manager Black then explained that in fairness to the ~olf Committee he would like to say th~ the committee was in complete a~reement at their first meeting, and also at the second meeting, when they met to cc~sider applicants for the position, they were still in agreement on the dismissal of the Club Manager. He stated that although he did not vote on the discharge of Mr. Stewart, only represen- ting the Council~at the meetings of the Golf Committee, he did concur in it because of the condition of the Clu~ House all during the summer, also explaining that after the storm, while the course was closed for ten days or more, Mr. Stewart ~ad spent his time else~ere in- stead of cleaning up the Club House and caring for his equipment. Mr. Ralph Stewart then addressed the Council, stating that he did rot believe the~e~was anyone present who could honestly say that the Club House had been a discredit to the City. Mr. Tony Penna agreed that the Club House had been Just as clean this fall as it ever was, and he didn't think the 0ity should dis- charge Mr. Stewart after he had had the expense of coming down here, without .-giving him a chance to make any money. Dr. Nieder then stated that he had had as much to do with the Golf Club as anybody, and he was opposed to the City hiring anybody as Manager who does not know anything about golf or the operation of a club. Mr. E. M. Wilson complained that the membership of the club knew nothing abe~tthe dismissal of Mr. Stewart until after it happened and he considere~ it the wrong way for the committee to act, ~thout getting in touch with the rank and file of the members. Councilman DeWitt explaimed to the audience that the Golf Comet- tee had bee~ chosen by the Golf Club membership at large, only one member having been appointed by the City Council, in order that it might be a democratic organization, and that he thought the membership at large should ask the committee to have a meeting with them to discuss this matter, and try to work it out. Dr. NieAer, however, insisted that the Golf Committee had held secret meetings, with disregard of the Club membership, and recommended that the entire membership be given a chance to vote on this question, by secret ballot. He asked th~ a thirt~ day extension on the dis .... missal of Mr. Stewart be granted by the Uouncil, in order that anyone who contributes to the support of the ~olf Club might be given a chance to discuss it. Councilman MacMillan suggested a compromise of fifteen days NOVEMBER 23, 1948 extension on Mr. Stewart's dismissal, but Dr. Nieder asked for thirty days from this date, and also asked to be advised as to who was being considered for the position, whether or not they were Golf Frofession.- als. He was advised by the City Manager that two persons were being considered by the ~olf Committee, both of whom were profressionals. Mr. Harold Hansen, a member of the Uolf Club, asked that a com- ,!ere list of expenditures on the Golf Course be furnished, as the ity is spending more money on its nine hole course tha~ was being spent on the Gulfstream course. He stated that ne had talked to all committee members and told them ~that signatures of three-fourths of the membership had been secured on petitions, and he had asked them to get opinions from the entire membership and not to have secret me etinEs. T~o petitions, signed by 52 members of the Golf Club, or Golf players, were then filed, asking the ~olf Committee and City Council to reconsider the dismissal of Mr. Stewart, said petitions being read.. Councilman Kabler addressing the audience, urged that the commit~;ee and membership of the club try and solve their own problems first, before coming before the Council, suggesting they get a written vote of the members on the question. He asked that theyhold a public meet.- ing, amd then if they could not agree^ to come back to the Council. Mrs. Tommy Armour addressed the ~ouncil asking why they always waited until the season was ready to start and then discharged their Club Manager, that the same thing was done two years ago, and in her opinion Del~ay Beach would soon be "black balled" and ~ould be unable to get a decent professional. She felt that Mr. Stewart could demand a reason for this action, suggesting that the Council hold a public hearing and give Mr. Stewart the right to defend himself. She stated that if theCouncil did not know the reasons for the discharge of Mr. Stewart they should demand that the committee explain whey they had recommended he be dismissed. Mr. Ben Adams, from the audience, stated that he was of the opinion that the City did not dismiss anyone without a reason, and that he thought Mr.Stewart should knowthe charges against him, be- lieving it was up to the Council $o explain the charges. A motion was then made by Councilman MacMillan that the dismissal of Mr. Ralph Stewart be held in abeyance, and the matter be referred back to the ~olf Committee, with the suggestion that they call a meet.- tng of all members of the Golf Club and persons interested in playing olf, at the Golf Club, and discuss the mmtter then roeport back to the ouncil. Councilman DeWi~t stated that if the Golf Committee and t he mem- bership at large would say they would go into the matter, the Council would hold the dismissal in abeyance, and that Mr. Stewart's Job would be as ~ood as gold while t~e dismissal was being held in abeyance. Mrs. B.P. Bakewell then asked that the members of the Golf Commi.t;- tee be called by telephone and asked to come before this meeting, tha'~ there were about 75 people there who would like ~to hear from them. The Council recessed to try to contact members of the committee. As the members of the Golf Committee could not be reached by telepho~ne,~ Councilman Kabler seconded the motion of Councilman MacMillan made earlier in the meeting, that the dismissal of Mr. Stewart be held in abeyance until a meeting could be arranged between the (~olf Committee and the membership of the golf club, and upon call of roll the motion carried unanimousIy. NOVEMBER 23, 1948 Mayor Brannon advised the ~udie~ce that the Council would then take such action as it sees fit. Er. King Cone appeared before the Council representing the Veterans of Foreign ~ars, stating ths~ in order to finance the con- struction of their ~building, they must h~ve a deed to the property, which the City has leased to them for a period of 99 years. He presented a Warranty Deed which had been prep ared for his purpose, and asked that theCity execute same. City Attorney Moore did not think the City would have the power to give the property to the Veterans. Mayor Brannon, however, felt that the land could be sold for a nominal sum, possibly ~10.00, for a public purpose, and he considered this a worth~cause~ The~ lot is out of the city limits and he stated that he was in favor of them having a deed to it as it is a wortH- while organization. Councilman Kabler considered this could be handled as a ~onation, the same as made to othe~difference organizations, and asked the City Attorney if a deed could be drawn which would give a good and marketable title, which would be legal, upon which they would be able to borrow ~oney~to finance their building c~struction. ~ity Attorney Moore was of the opinion that such a deed could be prepared. A motion was then made by Councilman DeWitt, seconded by Council- man MacMillan, that if a 1 egal conveyance of the~property to the Veterans of Foreign Wars can be worked out, the Uouncil will be in favor of it. Upon call of roll the motion carried unanimously. The Clerk then presented proof of publication of an Invitation for Bids on the construction of a pavilion on the east side of Ocean Boulevard, which proof was read. Three bids were received in response to the foregoing notice as follows: 1. Triest Construction Co. Inc. Part ~. Piling- ~ 550.00 Increase or decrease Quantity for $2.75 per lineal foot driven length. Part II. Grades, beams, flooring & painting- $2,594.00 Part III~ Framework and awnings- No bid~ This prpposal does not cover work under Part I unless Part II is a~arded to us. In making this bid it is presumed that Job application of wood treatment materials is intended. Cashier's check in the amount of $160.00 is attached hereto to serve as bid bond. 2. James I. Sinks- To furnish all materials and labor according to plans and s~ecifications (Parts 1 and 2} on file in the office of the ~ity Engineer for the sum of ~4,~98.00. Piling as per specifications - ~ 3.75 per ft. No bid bond or certified check accompanie d proposal. NOVEMBER 23, 1948 3. Delray Awning Co.- We arepleased to quote a price on canopy for beach pavilion per,,plans furnished us. Same to be $1,252.00. Uheck for $62.60 enclosed. City Manager Black advised the Council that the proposal of the Triest Construction Co.sha~ed applied treatment of wood, which is not according to specifications, however, he recommended that the speci- fications be amended. He stated that a concrete floor might be as practidable, but no raids were received on that basis. Mayor Brannon suggested that the low bids be accepted as sub- mitted, and upon motion of Councilman MacMillan, seconded by Council- man Kabler, the low bid of the Trieste Construction Co., Inc. for Parts I and 2 in the total amount of $3,144;'Q0, and the bid of the Delray Awning Co. for Part 3, in the amount of $1,252.00, to include both pipe framework and canvas, were accepted,Councilmen Brannon, Kabler, and MacMillan voting in favor of the motion and Councilman DeWitt opposing. Certification of the votes cast at the Primary Election held this day was submitted, to be canvassed by the City Council, as follows: Machines 35235 and 35251 inspected on opening and all candidate, counters were 0 -- Protector Counter Public On Opening Machine ~ 35235 6849 Counter Seal 000 187498 On Closing 35235 7225 376 200828 Tobal Voters 35235 3?6 383 On Opening 35251 6858 000 187502 On C lo sing 35251 ~241 38 3 Total Vot ers 35251 383 200889 Grand Total 35251 and 35235 759 759 Clerk /s/ W A Jacobs Inspectors /s/ Paul E Gringle ~ame s T Smith Ellen McC Bakewell M M McMurrian Jr King S Cone NOVE 23, 1948 _CERTIFICATION OP VOTES CAST AT PRIMARY ELECTION HELD NOVEMBER 23RD, 1948 Mayor and City_Council Delray Beach, ~'~orida ~e, the Clerk and Inspectors of today's primary election certify to the following results: ,o MACHINE NO. 35235 NO. 35251 TOTAL S. Eugene Burd 123 120 243 G. Donald Hendricks 25 25 Walter A. Roth 211 209 417 Jack L. Saunders 222 238 460 Edw. A. Schellenberg 132 142 274 TOTAL VOTES CAST 759 CLERK: /s/ W A Jacobs ...... INSPECTORS: /s/ Paul ~. Gringle James T Smith Ellen McCBakewell M M McMurnon Jr King S Cone Upon the approval of the election returns by the City Attorney, a motion was made by Councilman DeWitt, seconded by Councilman MacMillan, that the four men receiving the ~ghest number of votes be certified for tbs General Election to be held on December 7th, 1948, and their names be placed on the ballot. Upon call of roll the motion carried unanimously. Upon motion of Councilman DeWitt, seconded by Councilman MacMillan, and unanimously carried, the Eastern Star was gramted permission to hold a rummage sale on the vacant lot east of the Wilson Food Store on East Atlantic Avenue, for one Saturday in the near future. City Manager Black presented a letter from the Trustees of the Florida East Coast Railway Company which was read as follows, and ordered filed: St. Augustine, Fla .-.~ November 17-1948 File 317-O-64 DELRAY BEACH: Paving SE 2nd Avmue between 1st and ~nA Sts. Mr. Charles E. $1acg, ~ Ma~age~ City of Delray ~eacn, ay~eacn, Fla. NOVEMBER 23, 1948 Dear Sir: Your letter of October 27th, in rogard to paving SE 2nd Avenue between 1st and 2nd streets, in the City of Delray Beach, has been referred to us. The Florida East Coast Railway is in process of reorganization and we, as Truetees, have to be very careful that any projects authorized by us a~e fully Justified in their prospect of benefit to the estate we are administering. We can not see where this proposed paving would be of any particular benefit to the Railway, and therefore, do not think we would be justified in requesting th~ paving of this area, Very truly yours, /s/ SCOTT M. LOFTIN and JOHN W. MARTIN, TRUSTEES JWF-cc cc Mr Hawkins A letter from Wm. M. Yount ~egarding the 19~$ assessed valuation placed on certain property owned-by him, Section ~, was presented and read in full. A motion was made by Councilman Kabler, seconded by Councilman DeWitt, that a form letter be sent to all complainants, advising them that the 1948 Tax Roll has been certifi ed and no changes can be made, but that their letter will be placed on file and will be considered at the next meeting of the E~ualtzation Board. Upon call of roll the motion carried unanimously. City Manager Black then explained to the Council that the Florida Power & Light Co. is moving its warehouse to its new location at S.E. 10th St. and the F."-.C. Railway, and they have asked for water line extensions to their building in order to in, all a sprinklsr system. They are willing to install approximately~600' ~ithin their own pro- perty, but the City will have to extend the pipe line about 900' to their property line, the line to be run south on SE 4th Avenue, where only two customers w~u~tie~Eathed at this time. Mr. Black explained that he had 6" water pipe on hand which was bought under the water improvement program. Some 2" pipe had been salvaged on 2nd Avenue which can be used for laying a water main in some places in the colored section, but other s in that section would have to wait until smaller pipe can be obtained. The matter was referred to the City Manager with instructions to p~epareplans and submit estimated costs to the Florida Power & Light Co., suggesting that they pay for one-half of the cost of the entire project. A motion was then made by Councilman Kabler, seconded by Council- man DeWitt, that a system of water main extensions be est ablished, to be NOVEMBER 23, 1948 worked in the order in which they are received. Upon call of roll the motion carried unanimously. ~ith reference to a small dry cleaning unit, owned by A. R. Bates, op, erator of the Automatic Laundryette, 20 East Atlantic ~venue, ~ity Manager Black stated that he had gone further into the operation of this dry cleaning unit, with Mr. Gregory, the Fire Chief, and they felt they were not Justified in allowing it to continue in operation due to an ordinance prohibiting this ~pe of business in Fire Zone No. 1. He had therefore advised Mr. Bates accordingly, and asked that license fee be returned to him. He presented data filed by Mr. Bates relating to this equipment, for the consideration of the Council. Mr. Bates addressed the Council, e~plaining that this was a small unit, not a dry cleaning plant, the same as used in hotel s and apartments. It will hold only one suit, or a smallamount of clothing, but it would enable him to give one day cleaning service to his customers, increasiag good service in the City. It requires no smoke stack, no steam, and has no odor; it uses a solvent t~at is practically cold, therefore it would not be a detriment to the community as it is not dangerous. He felt that valet servic% such as he could give, would be a step forward in service to the town. Mr. Bates stated, however, that this equipment had cost him about 42,000 ~ut it was not a permanent installation and could be easily moved, and that he would ask for no remuneration from the city if he were not allowed to continue its operation in this location. After consideration by the Council, action was deferred, and the matter was referred to the City Attorney for checking the restrictions in thi. s Fire Zone, with instructions to render his opinion as soon as possible. A letter frcm the Board of Directors of the Delray Beach Recrea- tion Association, ~th ~eference to the shuffleboard courts, was read. ' As the amount reBuested hadbeen included in the current budget, a motion was made byUouncilman DeWitt that this request be granted. The motion was seconded by Councilman Kabler, and upon call of roll carrie d unanimou sly. A letter from Zook Palm Nurseries was then presented and read. It was the consensus of opinion of the Council that temporary permits should not be granted on the Federal Highway, and that a amall permanent structure would not be much more expensive, and in a motion by Councilman DeWitt, seconded by Councilman Kabler, and unanimously carried, the request was denied. The Clerk was instructed to ask Mr. Zook to submit plans f or a permanent structure, the requirements for such a structure to be checked with the City Manager of Ouilding Inspeotor. A letter from the Delray Beach Board of Realtors, with reference to the appraisal of Lot 19, Block 51, was read. Mr. C. F. Csmpbell, being in the audiSnce, refused to consider NOVEMBER 23, 1948 this ~app raj sal. Councilman Kabler, stating that the property cot~ld be sold to someone else, whichwould keep the City from ever obtaining it, recommended that the City acquire the 1~ for $750.00, t~ price it was offered to the City for by the owner. A motion was then made by Councilman DeWitt, seconded by Council- man Kabler, that the City purchase this lot from Mr. Campbell for $750.00, if the purchase of this particular lot will round out t~e whole block for the City, the title to meet with the approval of the City Attorney. Upon call of roll the motion carried unanimously. An application for license to sell beer and wine, filed by Donald E. furslow, for LeDomaine, a French restaurant which he plans to open at 1133 East Atlantic Ave. was presented, togeth~ with a letter explaining his method of operating the restaurant, and two letters of refere$ce, for approval of the Council. As this property is located in ~ Business Zone, a motion was made by Councilman DeWitt that the license be approved. There was no second to the foregoing motion, Councilman Eabler explaining that he would not approve o~ ~e license wi thout the consent of the people in that area, as there were already two liquor licenses on the beach, and people were complaining ab~et the continuous issuance of licenses to sell beer and wine. Councilman MacMillan would not approve of the license until he had discussed it with the Presbyterian Church, which is located in that vicinity. Mr. Purslowthen explained that he would serve beer or wine only to his guests during regular meal hours, that a French restaurant can not be operate d very well without being able to serve wine. He stated that his restaurant would attract people from all over the country, which would be a benefit to the City. Mayor Brannon felt that as Mr. Purslow had evidently spent several thousands of dollars ~th this in mind, he should be given some consideration, also stating that recently the City Council had seen fit to grant a license to sell beer and wine to a woman in the face of incriminating evidence against her. Councilman Kabler stated that that location was not on Atlantic Avenue. The City Attox~ney was of the opinion that unless the City Council had a good reason for refusing this license, Mr. Purslow could mandamus the City to issue it. Councilman DeWitt then withdrew his motion, stating that he was not in £avor of cluttering up Atlantic Avenue, but he would not like to see the City get in troublebby refusing the license. Mayor Brannon then advised Mr. Purslow that for the time being the license was denied, but that the Council will again consider it at such time as it can. An application for license to sell beer, filed by Lester C. Albert, at Albert's Fountainette, 510 N.W. 5th Avenue, was p~esented for approval. As this street number was apparently in error, as it would be outside of the business distridt, a motion was made by Councilman DeWitt, seconded by Council-,an MacMillan, that the applica- tion be returned for correction. Upon call of roll the motion carried unanimousl y. The follOWing ordinance was then brought up for first reading and was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FL6RIDA, RELATING TO ACCIDENTS INVOLVING THE DEATH, OR INJURIES ~T0 PERSONS OR ANIMALS, AND REQUIRING IT A DUTY TO RENDER AID AND GIVE INFORMATION CONCERNING SUCH DEATHS 0R IN JUR I ES. Upon motion of Councilman ~eWitt, seconded by Councilman Mac Millan, and unanimous ly carried, the foregoing c~ dinance wasplaced on first read Lug. The following ordinance was then brought up for second and final reading, and the same was read in full: ORDINANCE NO. G-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 3 OF ORDINANCE NO. G-11 AND ADDING SECTION 205A OF ORDINANCE NO. G-11 PERTAINING TO OCCUPATIONAL LICENSES. A Motion was made by ~Councilman DeWitt, seconded by Councilman MacMillan, that the foregoing 0r~inance No. G-63 ~e passed and adopted as read, on second and final reading, and upon call of roll the mo tion carried unanimously. The following resolution, designating the street north of Nassau Street from Ocean Boulevard to Gleason Street, as "Ocean Terrace" was presented and read in full: RESOLUTION NO. 715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING OCEAN TERRACE. UPon motion of Councilman Kabler, seconded by Councilman ~DeWitt, unanimously carried, the foregoing Resolution No. ?15 was passed and adopted as read. Bills totalling $29,535.66 were. approved for payment, subject ~othe approval of the Finance Committee, in a motion by Councilman DeWitt, seconded by ~ouncilman Kabler and unanimously carried. Upon motion of Councilman DeWitt, seconded by Council~an MacMillan, unanimously c~rried, the City Man~ger was authorized to ~epair and repaint the Council Chambers before January ls t. Police Chief R. C. Croft appeared before the Council, stating NOVEMBER 23, 1948 that Mayor Brannon had succeeded in getting the Charter for the Delray Beach Police Benevolent Association, Inc. of Delray Beach, Florida, without cost to anyone, and asked the Council to approve a lease on a certain tract of land, City owned, west of the Seaboard Rail~.ay, not adjoining Atlantic Ave., of approximately ten acres, to be used by this association f~r a rifle range. Mayor Brannon read the Charter, point~ out that membership in the association wo~ld consist of active members of the 2olice Depar~ent, or similar organizations, and anyone with similar interests or desires a~ong that line, which makes it really open to the publicg- and not discriminatory. After discussion by the Council, a motion was made by Councilman Kabler, seconded by Councilman MacMillan, that the CityAttorney be instructed to prepare a lease as requested, on the tract of land suggested, for the approval of the Council, a clause to be included in the lease that liability insurance would be carried for the protection of the public. Upon call of roll the motion carried, Councilmen Brannon, Kabler and MacMillan voting in favor of the motion and Councilman DeWitt not voting. The Council approved the appointment of the same Election Board for the general election to be held on December 7, 1948, as served for the primary election in a motion by Councilman Kabler, seconded by Councilman MacMillan and unanimously carried. ~£'he Council then adjourned. /s/ ~uth R Smit ~ity Clerk