Loading...
01-13-41 Regular 1(i16 CJ:JNCIL CHAl/BER January 13, 1941 rhe Council :':let in r;;'~!.:r-llar session s.t 7:30 P.li. with t~!: '~itJ' Attorney and members Hill, Jacobs, Miller, Sabath and Scott pres"nt. It was '1'lov",d by If.r. Hill, seconded by Mr. Scott and unanim-. onsly c~rrted that the minutes of the meetings of January 6th be approv- ed as read. The Mayor declared the appointr!lent of a City Auditor to be in order under the heading of old business, and it was accordingly moved by Mr. Scott that W. O. Viinn be awointed auditor for t he year 1941 at a salary of $50.00 per month. Mr. Hill seccnded the motion, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sab,k h yes and Mr. Scott yes. The motion carried. The Mayor said he considered A. G. Ranson and Paul Nicolls as holding over under Mr. Baker so it was moved by Mr. 3abath that these two employees continue under the existent arrangement, and on the present salary basis. MI'. Scott seconded the motion, which carried unanimously on roll call. Upon recomnendqtion of Chairman Sabath of the Parks COllll1i- ttee, it was moved by Mr. Jacobs that Wm. F. Koch, Jr. be appointed 2nd. Life Guard for the season. Mr. Hill seconded the motion, which on roll call, carried unanimously. A. B. Laitin's offer to sell the Cit;y 20 acres of land adjacent to the garbage dump in Section 17 for $1,000.00 was presented to the Council for consideration and upon recommendation of tb e Mayor, and motion of Mr. Jacobs, this matter was referred to the Finance Committee for investigation and report back to the Council. Mr; ,Hill seconded the motion and on roll call the vote was as follows: Mr. Hill Jres, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. It was moved by Mr. Jacoos that bill of $41.24 be paid L. J. Nichols, covering Policy 30376, to renew fire and theft insurance with Colonial Fire Underwriters on the City's fleet of trucks and vehicles, also bon:! with Glens Falls Ind<"lllnity Company on A. F. Nelson, Chief of Police. Mr. Sabath seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. In accord with previous recommendation of E. H. Scott, it wa.s moved by Mr. Jacobs, seconded by Mr. Hill and on roll call carried unanimously, that Mr. Wylie B. Ewing be appointed the Beach District member on the Zoning Commission, to fill the vacancy caused by" 1617 COUllCIL CHA1:J3ER January 13, 1941 resigmtion of Mr. Scott. It was moved by Mr. Jacobs, Chairnan of the Sanitary Committee, that Frederick Brown be reappointed Plumbing Inspector for the coming year. ){.r. Hill seconded the mot:bn, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes.. The motion carried. i The City Attorney reported having recei~d a two and a half page letter from Wm. M. Madison, C'ouncil for the League of Municipalities, from which he gathered that the law was not clear in regard to tax exemption allowed Masonic and other fraternal organizations in the State of Florida. In this regard, Mr. Nowlin further stated that it was his personal opinion, that where proof had been furrrlshed by such orgllnizations that not over 75% of their propetty had been rentedd1,1ring.the past'year,they should be <'!xempt for 1940 taxes. He reported, also, that taxes prior to that date on the Masonic Temple in Block 69 and the Masonic Lodge in Block 27, a.ssi?ssed in error, be cancelled and that these properties be exempt in future under the present interpr<'!tation of the Law, if affidavits asserting that not over 75% of the floor space has been rented during the year are filed annually with the Tax Assessor, Mr. Jacobs secmded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. Mr. Wodischek appeared for the American Legion asking aDDroval of the site chosen by his organization for operation of a Bingo game, and it was regularly moved, seconded and carried that said game be permitted to operate at the rear of the P~ly Wiggly and Florida Power & Light Company's Stores, North of the alley. This permission being granted with the understanding and agreement by the Legion that tie game would not be operated dur- ing the hours of church service. . Miss Galvin brought up the matter of eliminating truck traffic on the Ocean Boulevard, stating that County officials favored the idea but in order to properly restrict the road it would be necessary for the various towns along the route to pass ordinances to regulate truck traffic through the precincts of' the individual to~ns, over which the County has no jurisdiction. Miss Galvin recommended thdt Delray look into this and if possible adopt an ordinance thst would keep trucks off the boulevard as much as Dossible. UDon the City Attorney's recanmendati6n this matter was referred to th~ Ordinance Com~ttee for further consider- ation and recommendation. Mr. Scott seconded the motion and on 1618 COUNC IL CHA1113ER January 13, 1941 roll call yes, Mr. carried. the vote was as follows: Mr. Hill yes, Mr. Jacobs Mille!' yes, Mr. Sab&th yes, Mr. Scott yes. The motion \ A letter was read from the Delrqr Seach Public Library formally requesting the City Council to allocate from city funds the sum of $25.00 per month to said Library Association, said monthly donation to be used exclusively for the purchase of books. Mr. Foote and Mrs. Vogler both addressed the Council, in behalf of the Association, outlining its aims and the presdnt mode of carrying on the library work, stating thct the library was now open practically 40 hours a week wld in charge of a librarian at a salary of $60.00 per month paid by the Federal Government, but that continuance of such government appropriation would probably be contingent upon the library being more liberally supported by the City. Mr. Jacobs moved that this matter be referred to the Finance Committee for consideration and recommendation back to the Council at its next regular meeting. Mr. Scott seconded the motion and on roll call the vote was unanimous and the motion ..as declare d carried. Discussion PH)n turned to spee d regula tions for trains, and railroad g.gte protection. Letters were read by the Clerk from the Ci t:{ of Da~,-tona Beach and West Palm Beach regarding reguiations and protection provided those cities by the Railroads. Menroers of the audience were also invited to express opinions on the subject but none were offered, other than recormendction that a louder signal tell be used at Delray's downtov,'Tl crossing. The Clerk presented Ordinance _ regulating the speed of trains, but before placing this on its second reading it '"I8.S recommended that the entire matter be held over awaiting a further proposition from Railroad officials, which Mr. Scott stated he understood they intended to make. He agreed, in :,he meantime, to contact these officials to learn what their counter-proposition might be. The City Clerk submitted, also, Ordinance 382, provid- ing for the licensing of building contractors and supervisoIJs, and read the ordinance in full, after which the proposed ordinance was discussed and various features explained by the Building Inspector, who had originated and recocunended its passage. Some of the menbers thought certain features of same should,be clarified and it was finally moved by ~r. Sabath that the ordinance be referred to the Ordinance Committee for further consideration and report. ~r. Jacobs seconded the motion and on roll call the vote was as follows: Mr. Hill ;ires, Mr. Jacobs yes, Mr. Miller ;yes, Mr. SabGth yes, Mr. Scott yes. The motion carried. A commun:!caticn was read from Mrs. H. J. Sterling, again recorrmending the passage of an ordinance to regulate the height of lot line hedges. It was moved by Mr. Scott that this matter also be referred to the Ordinance Committee for investiggtion and 16j9 COUNCIL 'CHAMBm January 13, 1941 report. Mr. Jacobs seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, A~. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. W. M. Waters requested permission to erect a cabana for Frederick Duggan on the public beach in front of !'lis property, being the N! of Ocean Beach Lot 31, similar to that erected by Mr. La Boitea~x in front of his residence. It was moved by Mr. Hill that temporary permit be given to erect and maintain such structure on the beach, ''lith the understanding that it will be removed at any time, upon request of the City Council, and with the further understanding that this permit confers no individual or private rights to said structure. Mr. Scott seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, J.:r. Sabath yes, Mr. Scott yes. The motion carried. Vi. M. "Iaters also applied for a temporary permit liTo erect a wall for F. L. Duggan, ~~e to be ~ concrete block wall across front of No. 412 S. Ocean Boulevard, less than 4 feet high, same being understood to be a temporary permit, as wall is to be wilt to conform to present walk to the south, and will be in the street; said wall to be removed at OWTIer's expense upon thirty daJ'S' notice from th e Ci ty". It was moved that said temporary permit be grant8d. Mr. Hill sec:mded the motion, and on roll call the vote W2.S as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sab3th yes, Mr. Scott yes, The motion carried. Upon recorrc-:enrl3tions of the Building Inspector, it was moved by MI'. Hill, seconded by 1Ir. Sabath, and on roll call, unanimously carried, that permit 382 be granted O.D.Preist to com- plete building on Lot 3, Block 10, Osceola Park, erected under permit 712 issued January 10, 1938, by adding walls to the roof and pine post supports already standing. ApplicAtion to move from the rear to front of lot and repair wilding located on Lot 6 Block 104, was submitted for Mrs. Edith B. Beardsl~J' Upon enquiry the Building Inspector stClted that this house was below Class "B" standards and would still not comply to such even with the added improvements, but that it .'ould be c:)nsiderabl;r better than at present and therefore he rec01u1ended thE"t the rec.;ues-ted pernit be granted. It was uccordingly mov8d, seconded and Q~anin0usly carried that the 3u=-lding Inspector's reco-mendA.tion be accerted and ~f;nnit be grc:nted. A co;~nUniCgtl_on was read from J. W. 101erritt offering to nay the City $25.00 in settlement of taxes on Lots 16 and 17, Bloc:: J05, which he f.&.c: r 'chg,sed under the Murphy Act, also a communication fran Lillian C. Ha.milton offering $100.00 in settlement of taxes on Lots 3, 19, ~nd 22 in Block 95 and Lots 19 and 20 in Block 104, also purchased fran the state. :1620 C JUllC IL C HAI.:B rn Januay 13, 1941 In regard to these cQ'l1ffiunicat ions, it was moved that taxes and liens nrior to 1937 be cancelled, and tax settlement accepted for the cash required to pay> on 100% basis, taxes and liens assessed for the years 1937, 1938, 1939, and 1940, as required under the City's refunding agreement and Tax Adjustment Ordin- ances. hlr. Jacobs seconded the :!lotion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. willer yes, Mr. Sahs:th yes, Mr. Scott yes. The T'lotion carried. Easement deeds to the City were pres(~nted from ,John & Ruth Dawson, and from Hal~ey Lockw00d, conveying the South 5 feet of the wi o~ lot 11, Section 20 for utility purposes, and it was moved by Mr', Jacobs thl'lt said deeds be accepted and the Clerk authorized to place them on record. Mr. Hill seconded the motion, which carried unanimously on roll call. Discussion then ensued in regard to an awlication for water service received from J.lr. Harvey Lockwood located on Lot 11, Section 20, and question arc se as to the amount of expendi- ture the City would be ju:stified in making in order to supply such outlying resid~nts "ath water. The City Engineer asked that the Council set a limit to such expenditure for this pur- pose, so that he might have something to be guided by in future. After further discussion of the application under consideration, it was moved by Councilman Scott th2t Mr. Lockwood be given water service and Mr. Scott further recommended that as large a pipe as necessary be provided to avoid having to later replace a one-inch line with ]a rger mains. Mr. Scott I s motion was seconded by Mr. Jacobs, and on roll call, carried unanimously. The Clerk submitted request of W. O. Boykin Jr. for special concession in the matter of license charged for solic- iting advertising and distributing his Surf'& Tide publication, stating that under the license ordinance a $15.00 fee was required but that Mr. Boykin did not consider his business warranted that much. After discussion, however, it was regularly moved, seconded and carried that ordinance requirements be adhered to and the $15.00 fee be charged. Dr. W. C. Williams appeared at the meeting, with the request that the City extend N. \/. First Avenue and construct an inlproved street between blocks 49 and 57 for a distance of 350 feet North from N.W. Third Street, stating that he intended to develop the property and needed access thereto. It was suggested by the members that he contact other abutting property owners and see if they also desired said street construction and on what basis.' It was recommended that he have it done by private contract which would be less expensive. Dr. Williams also offered to deed to the City the South 5 feet of Block 140, East of the Canal for sidewalk purposes, and stated that: he wanted to build a 14-foot private street along the 1.621 COUNCIL CHAMBER January 13, 1941 East line of his.property in the South half of Block 140, and requested that the City give him permit to come in on to Atlantic Avenue with said proposed drive. Upon recctnmendation of the City Attorney, it ~~s asked that Dr. Williams first present his plans as to what and how he intends to develop the property. He stated that Grover Baker had these and would .submit same for inspection of the Council. The Cha.irman of the Parks Committee rec~~ended that a few more "Dogs Prohibited" signs be erected on the beach and refuse cans be placed along the beach for, the use of picknickers; also that a complete First aid kit be provided and uniforms purchased for the Life Guards. He recommended that anooer opening be made in the board walk, railing removed and steps put down to beach, also that additional shelters be erected for the convenience of bathers. It was accordingly moved, seconded and carried that refuse cans be placed at various spots along the beach, at the discretion of the City Engineer and that suit able signs with reference to dogs, be erected at intervals along the beach. It was also moved by Mr. Sabath that the Life Guards be supplied with complete First Aid Kit, also uniforms including sweater or jacket for cold weather and helmet. Mr. Jacobs seconded the motion and on roll call, it carried unanimously. Amendment of the Plumbing and Electrical ordinances was mentioned but it was recommended that this be laid over until a future meeting. It was moved by Mr. Jacobs, seconded by Mr. Sabath, and on roll call unanimously carried, that bills numbered 6398 to 6427, havin" been approved by the Finance Committee, be returned to the Couric~l, and ordered paid. Mr. Scott reconunended that the break in the sidewalk at Gleason Street be remedied, and it was moved by Mr. Sabath that this matter be referred to Street Committee ~~th authority to act. Mr. Scott seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The Clerl<: was instructed to write Mr. Zook asking his permi ssion to move., the City's behches from their present location on City right-of-way between the Sidewalk and Street line of East Atlantic Avenue, to the South side of the sidewalk on to Mr. Zeok's Nursery property, with the understanding that the City will remove same at any time Mr. Zook may so reouest. It was regularly moved, that Council adjourn. seconded and unanimously carried ~nJAjIQ~'f2- City Clerk ~~ ( Mayor