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04-26-43 Regular 2099 COUNCIL CHAtffiER April 26, 1943 The Council mot in reguh. r session at 7: 30 P. M. with the City Attomsy and the following mombers pressnt: Mr. Hill, Mr. Jacobs, Mr. Miller, Mr. McFee, and Mr. Wodischek. The minutes of the l;l.st ret!'uar meeting held April 12th were approved, by motion reguh.rly made seconded and carried. , ! As a first order of business, the matter of sewer line ex- tension through Block 101, was taken up, and by motion r..gularly made, seconded and carried the following resolution was adopted: Resolution 471 A HESOLUTION OF '!"HE CITY COUNCI:':, OF THE CITY OF DEmAY BEACH, FLffiIDA, OHDEHING T>fE CITY E:fGINEEll TO PREPARE PLANS AND SPECIFICATIONS FOR SEiSER COESTRUCTION lllPH01/EME"lT 'i/ORK (BLock 104) ""- By motion rSE;ularly made, seconded and unanimously ca.rried, the following resolution was also adopted: RESOLUTION 472 A PESOVJTION OF TEE CITY COUNCIL OF TBE CITY OF DELRAY BEAaJ, FLORIDA, ACCEPTPTG P:'ANS A''D SPECIFICATIO\1S OF THE CITY ENGINEER FOH CERTAIN SANITARY SilliER ConSTRUCTIW, TO BE CO'IST'?UCTED IH TIlE I\:':,LEY EAST OF S. E. FOURTH AVE., Al"D EXTENDING FROH NOHTI! OF T'rURD STREET TO lWRTI! OF FOURTH S TllEET: AND ALSO THE ESTI:,iA TED COST OF 1V3'ROPOSED IllPROVEMEFT, SET FalTH Pi SAID PLANS A'ill SPECIFICATIONS (Block 104) And on motion of Mr. Wodi Rchek, second..d by Mr. Hill "nd unanimo'"sly carried t}l<!> followir:lg resolution w"." also ~dopted: RESOLUTIOE h73 A RESOLUTIOH 01" TITE CIT': C'JUNCIL OF TIlE 8ITY OF DELHAY BEACH, FLQ'UDA, ORDE!l.IFG 'TV!'; cor'fSTR"CTION OF CERTAIN SA'HTAHY SEVIEr, nlPRDVFMENT "'ORY I\T TP.E ALLEY EAST OF S. E. FO'JRTH AVE., A,m EXTE''TJING FROM NOR']}! OF THIED S'IREET TO ~!ORTH OF FOlillTf' S1":'Ji:ET (Block 10h) 2100 April 26, 1%3 The fo 11 owing corrmunication was submi tted~nd reAd by the Clerk: April 23, 1943 To the Members of the City Council of Delray Bpach, Florida Hon:)ured Sirs: At the la st r@gnl:l r me eting of the Board of Diredtors of the Delray Beach Llbrar;", Associll- tion, the motion was made and carrier1 t~t some me",oer of the City CO'lneil be aonointed as an honourary Director of our Board. It is our thought th",t. as the Library b a civic institution and is now nartly rInanced by the }jIunicipality, it is desirable th~t the Cit:I" Council should be repre sen t~d on the Library Board in order thllt YO'lr honourable body have" direct insi",ht into the ",ffairs of the Library and also that the appointed member Ir';'Y h"vc an opportunity to p-.rticip.tte in our discussions. We hope that ;rou will approvf~ of 0 nr pro- posal. YO'lrs res!", ctfully, w. Y. Fi11erbrown The reouest vias considered but the m:'lmbers deemed it ]1001" policy for Councilmen to' accept appointm"nts on outside hoardsmlt coITrrJittees. Mr. Hill accordingly moved that the Library Board's proposal be declined. Mr. UcFee soconded the mati on and on roll call the vot~ was as follows: Mr. Hill, yes; Mr. Jacobs, yes; Mr. MillE:r, yes; Mr. McFee, yes; Mr. ~Nodischek, Yf;S. The motion car- ried. r ~. L. Primo, Pastor of the local color@d Episcopal Ch!lroh anpearltd at the meeting making request for oermissian to erpct a tent for use of hi" chllrch as a recr..",tional center and f"r other church acti vi ties. He sQ.td there wOlt1d be no da"cinfS or noisy &ntertainment <:rid that it would be used d!JM.D!, the daytime only. It was, therefor", moved by Mr. lIcFee, that undel' theGe conditions, ufirmiA8ion be eranted fDr t."f: erection and temnorarv USe of Afiiid ~ - -. ..; ~ . tent, sllbject to the provision th. t it sh~IJ_ be removed "then and :o.t such tL"l'" as thE Cmmcil may order. Mr. Wodischek seconded the motion, which carried unanimo\lsly on r011 call. )It !i i/ { ) l",". . , . i 2.101 April 26, 1943 The following petition was received and read: Delray Beach, Florida. April 22nd, 1943. Mayor Jacobs and City Councilrren, Gen tlemen : We, the undersigned, protest the building of homes and outside toilets on the west side of Third Avenue, between Second and Third Streets--South West, as these buildings are detrimental to the sale of our properties. Knowing there are restrictions on W. Atlantic Avenue, we insist that these same restrictions be applied here. Trusting you give this your immedi- ate attention, we are Mrs. Hussell A. Turner Mrs. Fred'Hilderbrand Fred Sanderson Chas. F. Goulais Della GOlllais Mrs. Helen York Mrs. Josephine Lorenz " A letter from Mrs. R. A. Turner was also read, further pro- testing the building of shacks in Block 39, and the dumping of garbage along the streets by the colored people, and the keeping of hogs in that section of town, also requesting that Zone liB" restrictions be imposed for buildings erected in that neighborhood. It was moved that the Sanitary Comnittee make a thorough inspection of that part of town and report back at next Council meeting, with recomrr~ndation in regard to same. lIT. Wodischek seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Mcfee yes, Mr. Wodischek yes. The moti on was declared carried. Mr. C. Y. Byrd came Defore the meeting, bringing to the members' attention a proposed bill to be presented to the 1943 Legislature providing for County Commissioner candidates to run at-large from the entire County, instead of each district being represented by a candidate from its own particular district. It was considered tha t itlhis bill, if passed, would likely prove very un- favorable to small communities, in that COlmty affairs could 2102 April 26, 1943 largely be controlled by the more populated districts, having a larger ratio of electors. It was therefore moved by Mr. Hill that the following resolution, opposing such legislation, be adopted and a copy of same forwarded to Senator Beacham and our representatives in Tallahassee. RESOLUTION 474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRU BEACH, FLORIDA, E~mO!lSING A HE-SOLUTION OF Tf-TE BOARD OF COUNTY COM'" MISSIONERS OF PAD! BEACH COUlJTY, FLeRIDA, HELATm TO NOMINATION OF COUNTY CO!~lIS'" SIONERS BY COUllTY-WIDE VO'ffi. Mr. Wodlschek seconded the motion for adopti on, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. Mr. Miller yes, It was also moved by Mr. Hill that the following resolution, opposing the passaee of House Bill No. 39, "An act to establish a uniform system of municipal government for Florida Cities" be adopted. RESOLUTIm! 475 A RESOLUTION OF THE CITY CCUIlCIL OF THE CITY OF DELRAY BEACH, FLORillA, OPPOSING PASSAGE OF THE SO CALLED UNIFORM CHAR- TEH ACT. Mr. McFee seconded the motion for adoption, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes; Mr. Miller yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. Request of Jas. F. Vfualen, for transfer to him of Bob's Bar license from Mrs. R. B. Neil was presented. Mrs. Neil introduced Mr. Whalen, who explained his past business affiliations, and Mr. S. G. Cosby, his partner, did likewise. They had hoped to consum- mate the deal with Mrs. Neil, by May 1st, they said. The Council explained that applicati ons were req'lired to be laid over for at least 14 days, and Mr. Wodischek therefore moVEd that same be ac- cepted and the usual procedure followed, said anplications to be acted upon at next reg'llar meeting of the Council. Mr. McFee sec- onded the motion and on roll caE the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. McFee yes, Hr. Ylodischek yes. The motion carried. The following conmunication from the City Engineer was react: 2:103 April 26, 191;3 Honorable City Council Delray Beach, Florida Gentlemen: After considerable study of the matter, I would like to recorrrnend a chanee in the ruling of the water de- partment concerning the colle cU on of $1. 50 for each additional house on a water meter. As there are a number of important angles to be studied concerning a new ruling to take the place of the past unfair practice, I would recommend that the matter be referred to the Water Committee for careful study and report. Very truJ_y yours, /s/ Hovrard L. Cromer City Eneineer Ur. Cromer further explained his recommendation by stating that the present practice of depending on property owners, them- selves, to notify the water office as to the ntl1'lber of consumers on each meter was an unsatisfactory one, and worked out lmfairly, in many instances. It was moved by Mr. !liller that this matter be referred to the Water Committee for stlldy and report back at next meeting of the Council. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. McF'ee yes, Mr. Wodischek yes. The motion carried. . A proposed agreement between the City and the F. E. C. Rail- way, for the opening of N. E. 1st Street as a pedestrian crossing was submitted, bllt all members claimed to be familiar with the pro- position and stated they did not favor entering into it. It was therefore moved by Mr. Miller, seQonded by Mr. Wodischek and unani- mously carried that the proposal be rejected. By motion of Mr. McFee, seconded by Mr. \Vodischek and unani- mously carried, Liability and Property Damage policy on cit~ trucks and vehicles was renewed with the American Fire and Casualty Com- pany, re pre sented by R. G. Bostwick. Hesignation of Gilbert Davis as Fire Depsrtnent Engineer and Mechanic, effective May 1st, was received and read. It was moved by Mr. lliller that the resignation be accepted. Mr. McFee seconded the motion, which was carried unanimous~y on roll call. 21.04 April 26, 1943 Resignation of John R. Gregory as Fire Chief, effective May 15th, was also read. The Mayor explained, that in discuss- ing Mr. Gregory's intention to accept an appointment at Boca Raton Field, Colonel Skiel had informed him that no person leaving employment considered vital to the war effort, would be accepted at the field, until released by his forrrer employer. It was therefore moved by Mr. Wodischek, seconded by Mr. McFee, and unanimously carried that Mr. Gregory's resignation be ac- cepted and that the City COIillcil grant him the necessary release. It was moved by Mr. Miller that the Finance Committee, and the City Engineer, determine what land the city owns abut- ting Andrews Avenue and adjacent to Lot 13 Vista Del Mar, and bring in a recom~endation regarding Mrs. Hill's offer to pur- chase same. Mr. Wodischek seconded the motion which carried unanimously on roll call. Mr. Wm. S. Davis came before the Council to enCjuire what the Council would do in regard to refunding occupational license paid by him as a painting contractor, stating tha t he had paid same under protest, and felt that he should not be classified as such or charged a rnntractor's license. Considerable discussion ensued, it being alleged by the Chief of Police that he had bid on work and Mr. David denying that he had ever made an oub-right bid, but, instead, was working on a day-labor basis. It was finally moved by lIT. McFee that the license fee be refunded for lack of sufficient evidence to prove tha t the claimant was con- tracting. Mr. Wodischek seconded the motion, which on roll call was unanimously carried. An ordinance to regulate the wearing of bathing apparel on City streets was read, but by motion of Mr. Miller was referred back to the Ordinance Committee for further study and recommenda- tion. Mr. Wodischek seconded the motion which carried unanimously. The following letter by Judge Wilcox, with reference to sentence imposed on-a colored prisoner, was submitted: To Members of the City Council, Delray Beach, Florida. Gentlemen: I hereby recommend that the sen- tence of RUTIiIE MAY CHANEY, imposed by me on the 15th day of April be commuted as follows, provided she leaves town immediately. That the fine of $25.00 & costs be accepted, payment of which is hereby acknowledged but that the remaind..r of 21.05 April 26, 1943 her jail sentence (approximat~ly 20 days) be suspended with the above pro- vision, that she leave town immediately. W. E. WILCOX Judge Municipal Court, Delray Beach, Florida. It was moved by Mr. Wodischek that the Judge's recomne.ndation be approved and acted upon and that the Chief of Police see that the Drisoner leaves town as agreed upon. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. McFe.8 yes, Mr. Wodischek yes. The motion carried. By motion regularly made, seconded and carried the following ordinance was placed on its first reading: ORDINANCE NO. 476 AN EMERGENCY ORDINANCE OF THE CITY COUN'- CIL OF DELRAY BEACH, FLOHIDA, DESIGNATING THE S TREE1S UPON WWra:H MOTOR. BUSSES WIlL BE AlLOWED TO THAVEL; A~!D PHOVIDING FOR THE VIOLATION OF THIS ORDINANCE. The ordinance reciting that an emergency existed, it was moved by Mr. Hill that it be adopted on its first and final reading. Mr. Wodischek seconded the motion and on roll call the vote was as follows: Mr. Hill, yes, Mr. Jacobs yes, Mr. Miller yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. By motion regularly made, seconded and unanimously carried the following ordinance was placed on its first reading: ORDINANCE NO. 477 AN ORDINftu'lCE OF THE CITY COUNCIL OF 'mE CITY OF DEmAY BEACH, FLORIDA, HEGULATINC THE CHARGES 10 BE MADE BY TAXI-CABS AND FOR HIRE OF MOTOR VEHICIE3 ,PROVIDING FOH INSURANCE OH BmmING OF SAID VEHICLES FeR THE PROTECTION OF TIlE PUBLIC, AND PROVIPl;. ING A PENALTY FOR VIOLATION OF TIIIS ORDIN- ANCE. The ordinance, having been read inf111Lthe first time , it was moved by Mr. Miller that it be passed on its first r"~ding. Mr. Hill seconded the motion, >lhich carried unanimously on roll call. 2106 J I , April 26, 1943 Councilman Miller reported the completion of the N. W. Eighth Avenue Street improvement, Which is to be assessed to the adjoining property; also reporting that while the County equip- ment was down here the City Engineer had had S. E. Third street scarified and roUed and put into passable condition at the cost of under $100.00. It was moved by Mr. Wodischek, seconded by }Ar. Hill and unanimously carried that the report of the Chairman of the Street Committee be approved. UDon the recomnendation of the Chairman of the Sanitary Comnitte.., it w,,"s moved, seconded and carried tl12 t the alleys running North and South through Blocks 69 and 70 be grubbed and cleaned Ollt, at an estimated cost of aporoximately $20.00 or $25.00. Mr. McFee d..plored the present practice of colored people picking over garbage at the rear of store buildings, contending thc.t this was responsible for milch of the littering of adjoining properties with Dapers and trash. It was therefore ordered that the Police Department have this practice stopped. It was moved by Mr. Miller, seconded by Mr. McFee and on roll call unanimously carried, that bills n~TIbered 9659 to 9694, having been approved by" the Finance COllllnittee, be returned to the Council and ordered paid~ It was regularly moved, seconded and carried that Council adjourn. 7n~L'(~.~ City Clerk APPROVED: --I~.Jtf:, Mayor.