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08-23-43 Regular :M6t COUNCIL CHAMBER August 23, 1943 The Council met in regular session at 7:30 P. M. with the City Attorney and the followimg members present: Mr. Hill, Mr. Jacobs, Mr. McFee and Mr. Wodischek.' Mr. Miller arrived later. By motion regularly made, seconded and carried the minutes of the last regular meeting held August 9th am the final rreetings of the Board of Equal- ization, held August 16th and August 19th were approved as read. A letter was read from Mr. Thayer thanking the Superintendent and City Council for work done in providing him with an increased water supply at his home in Pineview subdivi sion. The letter was ordered filed. A letter was also read from J. E. Warrington protesting till! granting of a license for sale of liquor at the Tik-Tok Restaurant on the Beach, which conmunication was also filed. A letter was read from the \'IPB in Washington, advising that it would be necessary for the City to submit a WPB-2774 application for permission to use 2-inch pipe for the extension of water service to colored residents in Block 1 in the Northwest section of town. Mr. Wodischek recommended that the pipe be purchased and put in if possible. Mr. L. T. Griest appeared in person objecting to the issuance of liquor license to the Tik-Tok Restaurant location, stating that Mr. Warrington's letter had voiced his sentiments exactly, and he felt that if winter residents were now in town there would be a flood of protests, against such. The Clerk requested definite instructions with regard to further payments of money to tbi> Tennis Association for the rest of the fiscal year, stating that the balance in the Tennis Association account would not permit the payment of $30.00 per month for the entire twelve months, as authorized by tbi> Council at its meeting of July 26th (page 2147 of the minutes) and referred the Council to the following excerpt from the minutes of last year: FROM THE MINUTES OF SEPTEMBFR 28, 1942 PAGE 2026 "The Clerk read a detailed report of the activities and finances of the Delray Beach Tennis Association, from January 1, 1942 to October 1, 1942. The report also re- quested tha t an awropriationdi! $360.00 be made by the City for the coming year, to be paid to the Association in installments of $~.oo monthly. It was pointed out that the budget appropriation, which has already been made, wall 00111 $3:0.00 for the year. Therefore it was moved by Mr. Hill that the Tennis Club be paid at the rate of $30.00 per month, on the 1'6 stricted program outlined in the committee's report, so long as the budgeilled fund permitted. 21.62 August 23,1943 Mr. Hill added that he believed money should be spent in all departments in this same way, only spending to the .tent appropriated in the budget. Mr. Jacobs seconded C'Suncillnan Hill's motion in regard to the Tennis Asso- ciation, and on 1'011 call the vote was as follows: Mr., Hill yes, Mr. Jacobs, yes, Mr. Sabath yes, Mr. Scott yes. The motion carr ied. " It was therefore moved that till! recent expenditure made for general repairs at the Tennis Courts be charged to "Parks" and that the Tennis Association be given the balance of the money appropriated in the budget for the Tennis Club, over and above the year's expense charged to said account. Mr. McFee seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. \'Iodischek yes. The motion carried. , I It was reported that the Swimming Pool manager had requested permission to have a door cut in the partition between the kitchen and porch at the Swimming Pool. The Mayor recommended that permission be granted, Mr. Ball to pay the expense of the proposed work. It was accordingly moved by Mr. Wodischek that the Mayor I s recommendation be approved and permission be granted. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. 1'Iodischek yes. The motion carried. The matter of purchasing 2-inch galManized pipe for water line extenllionll was revived by Councilman Wodischek who moved that the City go ahead ana purchase the pipe, which is now obtainable, and then go through the regular procedure of applying for permit to make the proposed water-line extension to colored town. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. Councilman McFee requested the other members to seriously consider a lot-clearing project along till! Federal Highway covering approximately three or four blocks North and South of Atlantic Avenue. He recommended that all vacant overgrown lots be thoroughly grubbed and cleaned, which he said would improve the aWearance of the Town more than any kind of beautification he knew of. Counciihman Miller arrived at this point in the meeting. The Mayor reported that request had been made for permission to paint the Beach Pavilion roof blue and white, which could be done by first using a coating of cement and lime to obtain a smooth surface. The person making said request had proposed paying the cost from a public fund to be collevted for the purpose. All members expressed themselves as being agreeable to having the roof painted, provided it was without expense to tbi> City. The Mayor discllssed the cutting of weeds and mowing of public streets and parkw,ays in town, reconmendlng the purchase of a mowing machine similar to that used at the Golf Course for such purpose. Supt. Turner said one man with such a tractor-mower could accomplish more than twenty laborers using 21.63 " August 23, 1943 hand tools. It was suggested that the purchase of such equipment be considered in setting up next year's budget. Another item of equipment brought up by Mayor Jacobs was the purchase of a new 500-gallon pumper for the Fire Depa!!'tment. Fire Chief Croft explained his depart~nt's need of this truCk, stating that it was mainly for the purpose of giving adequate protection to that section of town lying East of the Canal as well as that on the West side; that there were times during hurricane season and when the bridge is out of commission that it is necessary to station a truck over there, which he could not afford to do with the equip1ll6!nt he now has. He said he had contacted the Peter Pirsch people with the idea of fixing up the old Brockway Fire truck as an auxiliary but found the frame was not SUfficiently strong to carry the load or to equip as required, and inasmuch as this fire engine concern had offered a trade-in value on the old Brockway of from $500.00 to $1,000.00 on a new 115 H.P. Dodge, 500 gallon Triple Pumper, fully equipped in every way at a price of $4,000.00, Mr. Croft recommended the purchase of said new truck at this time, stating that the credit on the old truck together with the unspent balance in the Fire Department's operating budget would more than pay for the new eqlupl1J'!nt. Councilman Miller argued against the purchase of such equipmont at this time. Supt. Turner reported leaks in the stand-pipe to the water tank which he said was causing rust to awear in spots, am he believed the tank should be given a spot-pafunting job to preserve it. This matter was referred to the Chairman of the Water Corrmittee for recommendation back to the Council. Application of Peter J. Floros for license to sell liquor at the Tik- Tok Restaurant was then taken up by the Council. Mr. Floros was present and said he had purchased the Tik-Tok property in good faith believing, after making enquiry of the Clerk, that there would be a renewal of license at that location. The Mayor argued against it because of the restrictions imposed by Ordinance 421 which limited local liquor licenses to one per every 750 inhabitants according to the last Government or State census. The City Attorney thereupon pointed out that the Council had already violated that provision inasmuch as license had been granted last year to M.C. Naylon, making a total of five licenses whereas four were the limit under the terms of the ordinance. In arguing till! matter it was further pointed out by Att- orney Nowlin that Section 2 of Ordinance 421 permitted renewal of licenssll by the eix licensees holding license at the time the ordinance was passed, but that since the passage of the ordinance three of such places had changed ownership. Under the strict terms of the ordinance license should have been refused at the Patio location when applied for las~ February, unless the ordinance was construed to mean to apply to locations rather than to owners or operators. Mr. Miller said he could not conscientiously vote for issuance of license under the existing ordinance although he sympathized with Mr. Fllll'<!.s' position. After some further discussion it was moved by Mr. McFee that license be granted. Mr. Wodischek seconded the motion am on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs no, Mr. Miller declined' to vote stating he could not legally and conscientiously do so. Mr. McFee thereupon withdrew his motion with Mr. Wodischek's consent and no further vote was taken. 21.64 August 23, 1943 Mr. Hill then recommended that the ordinance be amended to allow licenses to be issued for the same locations that were licensed at the time Ordinance 421 was passed, provided the individual prop~ieters are satisfactory to the Council, and inasmuch as an el!lergency was deemed to exist. It was moved, seconded and carried that the following ordinance be placed on its first reading: . ORDINlt:1CE 482. AN EMERGENCY CRDINANCE OF 'IF.E CITY COUNCIL OF THE CITY OF DELR.AY BEACH, FLORIDA, AMENDING ORDINANCE NO. 421 ENTITLED "AN ORDINANCE OF THE CITY CruNCIL OF THE CITY OF DEmAY BEACH, FLORIDA, LIMITING THE NUMBER OF LICENSES FCR THE SAIE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 14% BY WEIGHT, ACCORDING TO TBE POPULATION OF THE CITY OF DELRAY BEACH ACCORDING TO 'lliE LATEST STATE OR FEDERAL CENSUS." The ordinance having been read in full, it was moved by Mr. Hill that it be adopted as an emergency ordinance on its first and final reading. Upon Mr. Miller's enquiry as to the legality of the proposed ordinance the City Attorney stated it was entirely legal and that he was of the opinion that this was the most satisfactory way to tal<B care of the situa- tion. Mr. McFee thereupon seconded the motion for adoption and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs no, Mr. Miller yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. It was then moved by Mr. McFee that the license be granted. Mr. Wodischek seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, stating that he was willing to vote "yes" only because the ordinance had been amended so license could be legally granted, Mr. Miller yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. . Mr. Miller reported on till! matter of booklets for plblicity purposes, stating they were preparing one p9.rticularly suited for distriblltion through the service-men. He presented a rough sample of the proJIlsed booklet for the Council's approval, on which till! Delray Beach News had given him a prive of around $225.00 fer five thousand. He explained that additional Cllts or change s in the booklet might run the co st up a little, but that he considered it a cheap form of advertisement and moved that $300.00 be made available to his conrnittee for this p9.rticular type of booklet. 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 was declared carried. It was further moved, seconded artd carried that Mr. McFee and Mr. Hill continue their work with Mr. Miller on this comnittee. Mr. Miller departed at this point in the meeting. It was moved by Mr. Wodischek that the following resollltion be adopted: RESOLUTION J...86 RESOLUTION OF 'lliE CITY COUNCIL OF THE CITY OF DELRAY 21.65 D.ugust 23, 1943 BEAeH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECU'lE A IEASE AGREEMENT TO THE INTERNATIONAL COMMITTEE OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS, COVERING LOT 8 LESS THE NORTH 14 FEET THEREOF, OF BLOCK 101 OF THE CITY OF DELRAY BEACH, FLCRIDA. Mr. Hill seconded the motion for adoption and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. In connection with the construction of the Clement dance floor for the patio, it was moved by Mr. Hill that the City donate the old chicken wire stored at the water plant for reinforcement and rurchase add- itional in case this is not enough to complete the job. Mr. McFee seconded the motion and on roll call the vote was as follows: Mr. Hill YeS, Mr. Jacobs yes, Mr. McFee yes, Mr. Wodischek yes. The motion carried. It was recommended that the City proceed to foreclose on the County Tax Sale Certificates which it holds on the W! of Lot 13, Vista Del Mar sID and in this regard it was moved by Mr. Wodischek that the following reso- lution be adopted. RESOLUTION 487 A RESOLUTION OF THE CITY COUNCIL OF 'mE CITY CF DELRAY BEACH, FLORIDA, INSTRlJCTING TRE CITY ATTORNEYS TO INSTITUTE FORECLOSURE PROCEEDINGS Fill COILECTION OF TAX SAIE CERTIFICATES AND/OR SPECIAL ASSESSMENT LIENS HEW BY THE CITY OF DELRAY BEACH, FLORIDA. Mr. Hill seconded the motion for adoption and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. Wddischek yes. The motion carried. Councilman Hill again referred to the matter of fire truck purchase stating that he believed it would be money well-spent to buy the truck now 'while it is possible to get such a liberal trade-in on the Brockway. It was therefore moved by Mr. Wodischek that bids on a new fire truck, allowing for a trade-in of the old Brockway be asked for, according to specifications to be supplied by the Fire Chief. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. McFee yes, Mr. Wodischek yea. The motion carried. Supt. Turner enquired about the purchase of fertilizer for the foot- ball field, but the members advised that such fertilizing be deferred for another month until till! hot weather is over. The Mayor reported having given Coach Clark permission to move sane of tiEir training equipment out next to the Tennis Courts, same being subject to removal at any time the Council may request. This action received the approval of till! other members. At the Clerk's request it was moved by Mr. Wodischek that the City pu.vchase a mimeograph machine for use at the City Hall, at a cos t of approliimately thirty or fortl\r dollars. Mr. McFee seconded the motion and 2:166 on roll call the vote was as follows: Wodischek yes. The motion carried. August 23, 1943 ~.c.o\'~ '(I", (tl.. Mr. Hill yes,^Mr. McFee yes, Mr. By motion regularly mad~, seconded and carried, bills numbered 9981 to 9999, having been approved by the Finance Corrunittee were returned to the Council and ordere d paid. By motion regularly, made, seconded and carried, Council regularly adjourned. ~4.Pf1I,Q( CITY C K APPROVED : MAYOR ~~