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11-22-43 Regular 2202 COUNCIL CHAMBER November 22, 1943 The Council met in regular session at 7:30 P.M. with the City Attorney and the following members of the Council present: Mr. Hill, 141'. Jacobs, Mr. Miller, Mr. McFee and Mr. WodiBchek. The City Attorney ffi!ide a correction in the minutes of the special meeting held November 17th; paragraph 3, page 2199 which reads as follows: "The City Attorney stated that, in his opinion, if a candi- date was not legally qualified to run in the primary election, then he would not be qualified to hold office if elected." He explained his reply had been that in his opinion, if a candidate was not legally quali- fied to run in the primary election, even in the event that he received a majority of votes he could not legally be declared the winner of the said primary election. This correction was made because a candidate could be disqualified for the primary election but later be legally qualified for the general election. With this correction, the minutes of the regular meeting held November 8th and the special meetings held November 9th and November 17th were, by motion regularly made, seconded and carried, declared approved as read. The City Attorney reported that a political advertisement fo,. the prima,.y election, endorsing the candidacy of one Dr. Chas. W. Vogler" appeared in the Delray Beach News issue of November 19th, which er,.oneously included a statement that the City Attorney had ruled "that while Dr. Chas. W. Vogler is not qualified as a candidate, he is qualified to sit as Councilman". City Attorney Nowlin said he wished to correct the statement just quoted and stated that he has made no ruling on the qualifications of Dr. Vogler. 'The Cle,.k read a letter from the Jadksonville Tourist and Convention Bureau welcoming the city officials to the wa,. conference of !he Flo1'ida League of Municipalities to be held December 7th and Bth. The Supt. of Public Works addressed the Council and reported that he would like to attend the convention for at least one day, if possible. The letter was ordered filed. A bacteriological examination report on city water ~s read from the State Board of Health stating the mter was found to be "satisfac- tory". The ,.eport was turned ove,. to the Chairman of the Water Committee. The Cha:i1'man of the Finance Committee reported that he had investigated the matter of a possible error in the tax assessment of 2203 November 22, 1943 Mr. Hugo Kreitzberg's property in Block 104. He stated the Tax Assessor had explained that at the time of making the assessnent, he could not view the inside of the building, so he had made the levy assuming that there were (2) baths in the apartment building' if however" there is found to be only one (1) bath in the building, then' Mr. K1'eitzberg is due about two hundred and fifty dollars ($250.00) credit on the assessment. It was agreed to leave the matter with the Chairman of the Finance Committee for further investigation. Councilmsn Hill brought up the matter of Army trucks disregarding the red traffic lights on the Federal Highway. He mentioned that because of this fact, a se,.ious accident occurred on November 18th alid he felt that something should be done about forcing Army vehicles to obeerve the traffic lights. The City Attorney was instructed to inquire into the matter and ascertain the procedure necessary to enforce the obseI'VSllce of ou,. traffic lights by the At'my vehicles. Mr. Mille,. presented copies of the new souvenir pamphlets on Delray Beach which are to be given to the 000 for distribution alllOng service men. Mr. McFee reported there is considerable improved proper~y on the tax roll having delinquent taxes, and he felt that the Council should make an effort to enforce collection of same. Afte,. a short discussion, Mr. McFee moved that the Clerk be authorized to notify owners of such property that unless the delinquent taxes are paid by January 1st, 1944, the city tax certificates will be turned over to the City Attorneys for foreclosure; also that the Clerk be instructed to have the list of property showing ownership published in the Del1'ay Beach News once. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. McFee yes, M,.. Wodischek yes. Motion carried. The Chai1'man of the Water Committee brought up the matter of Ordinance Number 496 now pending which regulates the water rates charged consumers having two or more houses on one mete,.. There was some objection by Mayor Jacobs to the charge of six dollars ($6.00) per year for each additional building connected on one meter (the first house being charged regular IlIOnthly minimum); thereupon Mr. Wodischek IlIOved that QrdiIlance No. 496 be amended Changing said charge to three dollars ($3.00) per year for each addi tional building. The motion was lost for want of a second. After further discussio~ it was regula,.ly moved, seconded and carried that the following Ordinance be placed 2204 November 22, 1943 on its second reading: nRIlINANCE NO. 496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING ORDINANCE NO. 152 ENTITLED "AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF WATER FURNISHED, PROVIDING FOR A. MAINTENANCE AND SERVICE CHARGE FeR SERVICE RENDERED TO OWNERS AND CONSUMERS BY TIlE CITY OF DELRAY BEACH, FLORIDA: REGULATING THE RATES THEREFOR, AND REGULATING THE MANNER IN WHICH TIA'lER CONNECTIONS AND METERS SHALL BE FURNISHED AND PROVIDING PENALTIES FOR VIOLATION THEREOF: CREATION OF LIENS FOR PAST AND UNPAID ACCOUN'lS; AND REPEALING ALL ORDINANCE OR PAR'lS OF ORDINANCES IN CONFLICT HEREWITH." The Ordinance having been read in full the second time, Mr. Wodischek moved that it be adopted on its second reading and final passage. Mr. McFee seconded the motion and on roll call the votlif'.'waS as follows: Yr. Hill yes, Mr. Jacobs no, Yr. loliller yes, Mr. Mcfee yes, Mr. Wodischek yes. The motion carried. Mr. Nowlin reported that he had received from the Attorney for the Federal Works Agency, two (2) signed copies of the ag,.eement leasing the Firemen's Hall property (Block 101) with a reqmst for the City to have the lease recorded and returned to the Federal Works Agency Atto1'lley. Mr. Wodischek IlIOved the City Attorney be instructed to notify the Fede,.al Works Agency that the City does not wish to assume the responsibility of having the ~ase recorded. Mr. YcFee seconded the motion and on roll call the vote ms as follows: Yr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Yr. McFee yes, Mr. Wod1s- chek yes. Motion carried. " Mr. Alexander Grenier appeared before 'the qouncil asking for a reduction on the city taxes due on Lot 10, Block 6, Osc~ola Park. He explained that the p,.operty adjoins his home and he wished to have it cleared in preparetion of hauling in topsoil. He stated, however, that there are quite a lot of delinquent taxes due and asked for a reduction on same, because improving the property will entail consider- able exoense. The Clerk was instructed to have a tl\X statement prepared showing'the delinquent taxes due on Lot 10, BlOck 6, OsceQla Park and present it to the Council at a future meeting for consideration. The Mayor reported that a st.rut. light. i8 needed very badly near the railroad crossing at N.E. 4th Street. The matter was referred 2205 November 22, 1943 to the Chairman of the Light Committee for investigation and recommenda- tion back to the Council. It was also repo,.ted that the traffic light used at the intersection of Fifth Avenue and West Atlantic Avenue has been repaired and the timing shClt'tened. It has been placed at the iotereeotion again until the new flasher a,.rives which has been ordered. The Fire Chief addressed the Council regarding the c~pen- sation paid firemen who answer general fire alanns. He stated that regular firemen in group one answering calls are paid \\hile men in groups two and three receive no pay whatsowver. He recommended that at least a small amount be paid to the firemiln in g"oups two and three when answering general alarms as it would encoU1'age the men to answer the calls. Thereupon it was moved by Mr. Hill that one dollar ($1.00) be paid each man in group three and two dollars ($2.00) be paid each man in group two answering general fi1'e alarms. Mr. McFee seconded the motion Which on ,.011 call ca,.ried unanimOll8lY. The SuPt. of PubUc Works reported to the Council that he had received so many complaints rega,.ding taxicabs operating from Boca Raton which ffi!ike u-turns in front of the Colony Hotel 00 Atlantic Avenue. He further reported that taxicabs which park in the west part of the Flamingo Station obst,.uctJ:: the view of North Federal Highway for persons dtiving west on Atlantic Avenue f,.om the beach section. These matters were referred to the Chief of Police who was also instructed to see that all traffic regulations are enforced particularly the regulation on speed restrictions. The ffi!ittllr was reported that the sidewalk immediately south of the Florida Motor Lines Bus Station in Block 117, is badly damaged and broken. Some of the members felt the damage 'RiS done by the busses of the Florida Motor Lines and that they should be responsible for the necessary repairs. It was decided to investigate the matter more thoroughly before taking any action on same. The Supt. of Public Wo,.ks brought up the matter of septic tanks in 1;.he beach section overflowing and stated he hlld written the War Department fo" a permit allowing the city to lay a pipeline to carry the sewer into the canal. He received a lengthy report from the War Department with instructions about the necessary procedU1'e and ex- plained that he wished to ,..fer the papers to the City Attorney for recommendati on. By motion ,.egula,.ly made, seconded and carried, bills nunberetl 145 through 121', having been approved by the Finance Committee were retU1'ned to the Council and ordered paid. 2206 Novcomber 22, 1943 The Clerk submitted to the Council a list of the registered voters, requi1'ed affidavit form, duplicate election return sheets, and other parapheranalia necessary fo,. the holding of the City's Primary Election, November 23rd. Afte,. examination, and being declared by the Council as being in proper order, it was regularly moved, seconded and carried that these be placed in the ballot box and that the box be locked, sealed, and delivered to the Clerk of the Election Board, with instructions as to holding of the Primary llllection, in compliance with the Charter of the City of Delray Beach and the election laws of the State of Florida. There being no further Business, it was regula1'ly moved, seconded and carried that Council adjourn to meet in adjou,.ned session the following evening (November 23rd) for the purpose of canvassing the returns of the Prima,.y Election. 4- J ~JJ~.. J (jjU';"-C: Acting Ci ty Clerk. APPROVED: D0?~.