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02-10-41 Regular :1636 COUNC IL CHAI\13ER FEBRUARY 10, 1941 THE COUNCIL MET IN REGULAR SESSION AT 7:30 P.M. WITH THE CITY ATTORN;EY. AND THE FOLLOWING r.,lEI',!J8ERS PRESENT: f,,;R. HILL, ~,'lR. JACCDBS, !'!.R. SABATH AfW t.IR.. SCOTT. MR. MILLER IVAS ABSEtH. VICE-MAYOR SCOTT, ACTING IN THE ~JAYOR'S STEAD, CALLED THE MEETING TO ORDER AND PROCEEDED WITH THE REGULAR ORDER -OF BUSINESS. THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 5TH, PAGE 1.634, WERE ORDEREIJ CORRECTED TO SHOW MR. SCOTT'S MOTION RELATIVE TO THE WATER PLANT IMPROVEMENTS, TO INCLUDE AUTHORIZATION FOR THE PURCHASE OF REPAIR PARTS FOR THE LOW-LIFT PUMP NOW IN USE, SUCH PARTS TO BE ORDERED AND REPAI RS TO BE MADE AFTER THE NEW PUMP I S I NSTALLED AND PUT INTO OPERATION. WITH SAID CORRECTION IT WAS REGULARLY MOVED, SECONDED AND CARR lED TH AT THE MINUTES OF JANUARY 27TH AND FEBRUARY 5TH BE AP PRO VED. A LETTER WAS READ FROM THE FLORIDA EAST COAST RAILWAY, ADVISING THAT SIGNALS AND CROSSING PROTECTION HAD BEEN AUTHORIZED BY THE RECEIVERS OF THE RAILROAO COMPANY AND THAT SAME WOULD BE INSTALLED JUST AS SOON AS THE NECESSARY MATERIALS WERE RECEIVED. THE LETTER WAS ORDERED F IL ED. A LETTER WAS READ FROM E. L. WESTERVELDT, EXPRESSING HIS GRATITUDE TO THE DEL RAY FIRE DEPARTMENT RESCUE SQUAD FOR TIMELY AID RECENTLY GIVEN IN RESUSCITATING HIM FROM DROWNING. THE LETTER WAS ORDERED FILED. A COMMUNICATION WAS READ FROM HENRY V. POPE, IN IIIHICH HE ADVISED THAT OIllING TO HIS HAVING BEEN CALLED TO ACTIVE DUTY WITH THE CIVIL ENGINEERS CORPS OF THE U. S. NAVY IT BECAME NECESSARY FOR HIM TO RESIGN AS A MEMBER OF THE CITY ZONING COMMISSION. IT IIIAS MOVED BY MR. HILL, SECONDED BY MR. SABATH AND UNANIMOUSLY CARRIED THAT MR. POPE'S RESIGNATION BE ACCEPTED. A LETTER IIIAS READ FROM GEO. HOLMAN, IN IIIHI CH HE RECOMMENDED THAT THE CITY PLAICE A TRAFFIC WARNING SIGN AT THE SOUTH END OF THE CITY LIMITS TO APPRIZE MOTORISTS OF APPROACH TO TRAFFIC LtGHTS. HE SAID MANY DRIVERS PASS THE FIRST RED LIGHT TO THE SOUTH BEFORE THEY REALIZE IT, AND THAT HE HAD RECENTLY HAD AN ACCIDENT AT THAT CORNER DUE TO DISREGARD TO THESE LIGHTS. THIS MATTER WAS REFERRED TO THE CHIEF OF POLICE FOR RECOMMENDATION. THE FOLLOWING LETTER WAS READ TO THE COUNCIL: JANUARY 27, 1941 CITY OF DSLRAY BEACH, DELRAY BEACH, FLORIDA. :- GENTLEME N: IT IS MY UNDERSTANDING THAT THERE ARE TO BE SOME COUNCIL CHAMBER FEBRUARY 10, 1941 1.637 CHANGES IN THE LOCAL YACHT BASIN DURING THE SUMMER MONTHS WHICH WILL NECESSARILY EFFECT DOCKAGE AND DOCK RENTS. HENCE, MAY I ENCLOSE THE TOKEN PAYMENT OF TEN DOLLARS, TO BE USED AS CONCRETE EVIDENCE OF MY REQUEST FOR A RESERVATION HERE ALL NEXT WINTER AND TO BE APPLIED AGAINST MY DECEMBER RENTAL OF SPACE - WHATEVER RENTAL THAT MAY BE- ANO, OF COURSE, FORFEIT TO THE CITY IF I DO NOT TAKE UP MY OPTION DURING DECEMBER OR DECIDE NOT TO STOP IN DELRAY BEACH. IN YOUR RECONSTRUCTION OF THE BASIN, I SHOULD BE PLEASED IF THE NORTHERN MOST SLIP COULD BE MADE AVAILABLE TO THE N.EDS OF THE PRESENT DOREL AND, UNDER THOSE CONDITIONS, I SHOULD BE PLEASED TO OCCUpy IT. HOIIIEVER, SHOULD DOREL BE ENLARGED OR I PURCHASE A LARGER VESSEL WHICH COULD NOT BE PUT IN THE SLIP, I SHOULO DESIRE TO OCCUpy THE PORTION OF THE MAIN DOCKS AS FAR SOUTH AS THE DEPTH OF THE IIIATER WILL PERMIT. I SHALL, OF COURSE, GIVE YOU PLENTY OF NOTICE FOR A CHANGE OF RESERVATION IF I CONTEMPLATE BRINGING IN A LARGER BOAT BUT SHAL~ OF COURSE, EXPECT DOCKAGE AT THE MAIN DOCK IF THE NORTH SLIP HAS NOT BEEN ALTERED AND I STILL OIllN THE PRESENT BOAT. VERY TRULY YOURS, DAVID V. POTTS ENCLOSURE OF CHECK FOR TEN DOLLARS. MR. SABATH, CHAIRMAN OF THE PARKS COMMITTEE RECOMMENDED THAT THE CLERK RETURN MR. POTTS' CHECK, ADVISING HIM TO GET IN TOUCH IIIITH THE CITY NEXT SEPTEMBER, TELLING US OEFINITELY AT THAT TIME IIIHAT TYPE AND LENGTH OF Y~8HT HE REQUIRES DOCKAGE FOR, AND THE AMOUNT OF WATeR IT DRAIIIS; AT IIIHICH TIME WE CAN ALSO INFORM HIM AS TO THE IMPROVEMENTS THAT HAVE BEEN MADE IN THE DOCK AND THEN ARRANGE FOR RESERVATION, IF DESIRED, IT BEING IMPOSSIBLE TO DO SO AT THIS TIME, IIIITH SUCH AN INDEFINITE KNOIIILEDGE OF WHAT IS REQUIRED AND WHAT CAN BE PROVIDED IN THE WAY OF DOCKAGE. THE CITY CLERK IIIAS SO INSTRUCTED. IN REGARD TO THE YACHT BASIN, THE CITY ENGINEER STATED ,,' THAT A NUMBER OF BOATS HAD ENQUIRED ABOUT ACCOMODATIONS FOR NEXT YEAR; THAT THERE HAD BEEN TALK OF I NCREASI NG THE DOCKAGE RENT AND ALSO THE FACILITIES OF THE BASIN. HE SUGGESTED, THEREFORE, THAT THE COUNCIL ANTICIPATE AS NEAR AS POSSIBLE WHAT THEY EXPECT TO DO DOWN THERE THIS SUMMER, SO THESE PEOPLE CAN BE INFORMED AS TO CHARGES, FACILITIES, ETC., BEFORE THEY LEAVE aERE THIS SEASON. HE SAID HE KNEIII THEY WOULD APPRECIATE ANY INFORMATION EVEN IF IT WAS MERELY AN IDEA, ONLY, OF WHAT THEY MAY EXPECT IN THI S REGARD. GIVEN: AUTHORIZATION OF THE FOLLOWING CALL FOR BIOS, ON PUMP, IIIAS FEBRUARY 8, q941 J. P. CARROLL - 206 FIRST ST., WEST PALM BEACH, FLA. WORTHINGTON PUMP & MACHINE CORP., ATLANTA, GA. FAIRBANKS MORSE & COMPANY, CHICAGO, ILL. ALLIS-CHALMERS MFG. CO. TAMPA FL , A. 1.638 COUNC I L CHAMBER FEBRUARY 10, 1941 CHICAGO PUMP CO., DAYTON-DoWD CO., 2339 WOLFRAM ST., CHICAGO, ILL. QUINCY, ILL INOIS. GENTLEMEN: ENCLOSED YOU WILL FINO COPY OF SPECIFI~ATIONS FOR A LOlli SERVICE WATER PUMP. TO BE PURCHASED BY THE CITY. SEALED BIOS FOR T HE PURCHASE OF TH IS PUMP UNIT WILL BE OPENED BY THE MAYOR AND COUNCIL IN THE COUNCIL CHAMBER, AT 8 P.M., MONDAY, FEBRUARYi L7, 1941. BIDDERS ARE TO STATE THE APPROXIMATE DATE OF DELIVERY, ANB SHOULD MAKE NOTE OF ALL ALLOWABLE CASH DISCOUNTS. VERY TRULY YOURS, HOWARD L. CROMER CITY ENGINEER. THE FOLLOWING RECOMMENDATION FROM THE CITY ENGUN~ER WAS READ: FEBRUARY 7TH, 1941 HONORABLE CITY COUNCIL DELRAY BEACH, FLORIDA. GENTLEMEN: ACCORDING TO YOUR INSTRUCTION, THE FOLLOIIIING SUGGESTION IS OFFERED FOR THE CONTROL OF METER SIZES AND TAPS, FOR FUTURE INSTALLATION BY THE WATER DEPARTMENT. 3/4" METER UP TO AND INCLUDING SIX FIXTURES. 1" METER, FROM SEVEN TO FOURTEEN FIXTURES, INCLUSIVE. I 1/2" METER, FROM FIFTEEN TO FORTY-TWO FIXTURES, INCLUSIVE. ABOVE THIS NUMBER OF FIXTURES, SPECIAL CONSIDERATION AND INVESTIGATION SHOULD BE GIVEN ANY PARTICULAR BUILDING, BEFORE THE SIZE OF THE METER IS DETERMINED. RESPECTFULLY SUBMITTED, HOWARD L. CROMER, CITY ENGINEER HLC:C. IT IIIAS MOVED BYMR. SABATH, SECONDED BY MR. HILL AND ON ROLL CALL, UNANIMOUSLY CARRIED, THAT THIS RECOMMENDATION BE APPROVED AND ADOPTED BY THE WATER DEPARTMENT. THE FOLLOIIIING COMMUNICATION IIIAS SUBMITTED AND READ BY THE CITY CLERK: HONORABLE TOIIIN COUNCIL DELRAY BEACH, FLORIDA. GENTLEMEN: COLEMAN & COOK ATTORNEYS AND COUNSELORS AT LAlli WEST PALM BEACH, FLORIDA. FEBRUARY 7, ~941. WE REPRESENT MR. WilliAM L. CHRISTFNSON WHO OWNS 1.639 COU NC I L CHAMBER FEBRUARY 10, 1941 LOTS ,[2, 13, 30, 31, 32 AND 33 MODEL LAND COMPANY SUBDIVISION OF SECTION 9, TOIIINSHIP 46 SOUTH, RANGE 43 EAST. WE UNDERSTAND THAT A MR. FARRAR HAS PRESENTED OR WILL PRESENT TO YOUR HONORABLE BODY A PLAN OF SUBDIVISION OF A PART OF LOTS_2B, 39, 34 AND 35 OF THE SAME SUBDIVISION. THE LAST MENTIONED LOTS FRON ON OCEAN BOULEVARD AND ARE WITHIN THE TOWN LlMI TS OF DELRAY BEACH. OUR CLIENT WI SHES TO BE IlEARO BEFORE ANY ABANDONMENT OF THE PRESENT 20 FOOT RIGHT-OF-IIIAY THROUGH THIS PROPERTY FROM OCEAN BOULEVARD TO CANAL IS ATTEMPTED INASMUCH AS THERE IS APPARENTLY AN ATTEMPT BEING MADE TO ENTIRELY CUT HIM OFF FROM ACCESS TO THE LOTS FI RST ABOVE MENTIONED. WE WILL APPRECIATE HEARING FROM YOU AS TO YOUR MEETING NIGHTS AND ESPECIALLY ANY TIME THAT THE CONSIDERATION OF TilE APPROVAL OF ANY SUCH PLAN IS TAKEN UP. YOURS VERY TRULY, G~ W. COLEMAN C:D UPON BEING QUESTIONED AS TO HIS KNOIIILEDGE OF THE 20 FOOT RIGHT-OF-IIIAY REFERRED TO, THE CITY ~NGINEER SAID THAT IT IIIAS A HIGHLY CONTROVERSIAL QUESTION, WHETHER OR NOT THERE HAD EVER BEEN A DEDICATED ROAD THROUGH THAT PROPERTY, AND THAT ALTHOUGH SOME PLATS INDICATED THAT THERE IIIAS ONE, IT WAS, CONTENDED BY SOME THAT THESE PLATS HAD ~OT BEEN FILED BY DULY AUTHORIZED AUTHORITIES. MR. W. L. CHRISTENSON, COMPLAINANT, AND OWNER OF LOTS 12, 13, 30. 31, 32 AND 33, SECTION 9, WAS ALSO PRESENT AND PRESENTED HIS CASE TO THE COUNCIL, ASKING THAT THE MEMBERS LOOK INTO IT SINCE HE BELIEVED SUCH A ROAD IIIAS OF VITAL IMPORTANCE TO THE PUBLIC AS WELL AS THE FUTURE DEVELOPMENT OF THAT SECTION, WHICH 1II0ULD ULTIMATELY BE TAKEN INTO THE CITY. IT IIIAS FINALLY MOVED BY MR. HILL THAT THE COMMUNICATION BE REFeRRED TO THE CITY ATTORNEY FOR ADVICE, WHICH MOTION IIIAS CARRIED UNANIMOUSLY. A LETTER TO THE CITY ATTORNEY, FRDI.I-,lIHE FLORIDA STATE PLANNING BOARD, IIIAS READ, ENQUIRING IF THE CITY OF DELRAY BEACH DESIRED TO PARTICIPATE IN THE GOVERNMENT'S PLANNING BOARD SERVICE FOR THE CODIFICATION OF MUNICIPAL ORDINANCES AND CHARTERS. THE MEMBERS THOUGHT IT MIGHT BE 1II0RTH LOOKING INTO AND MAKING FURTHER ENI,UIRIES ABOUT, THEREFORE DIRECTED MR. NOWLIN' TO FOLLOW IT UP AND SEE JUST WHAT THE PLANNING BOARD'S OFFER AND SERVICE CONSISTED OF. A LETTER IIIAS READ FROM THOMAS M. COO K & COMP ANY, IN IIIH I CH THEY ADVISED, THAT AFTER CAREFUL CONSIDERATION, THEY HAD REACHED THE CONCLUSION THAT IT WOULD BE INADVISABLE AND IMPOSSIBLE TO EXTEND THE ESCROW AGREEMENT OF THE CITY'S DELINQUENT BOND INTEREST, AND THEY RECOMMENDED, THAT THE CITY PROCEED AT ONCE TO HAVE THE SERIES "B" BONOS VALIDATED A,ND DELIVERED TO THE BANK IN ACCORDANCE IIIITHTHE TERMS OF T HE REFUND IN G PROGRAM AND THE ESCROIII AGREEMENT. IT IIIAS ACCORDINGLY MOVED, SECONDED AND CARRIED THAT THE FINANCE COMMITTEE MEET IIIITH THE CITY ATTORNEY FOR RECOMMENDATION AND REPORT ON THIS BOND REFUNDING MATTER. 1.640 COUNC IL CHAMJER FEBRUARY 10,1941 THE CITY ATTORNEY REPORTED HAVING IIIRITTEN COUNSEL OF THE LEAGUE OF MUNICIPALITIES IN REGARD TO LENDING FINANCIAL ASSISTANCE TO THE PUBLIC LIBRARY BUT THAT HE HAD RECEIVED ~O REPLY, SO FAR. THE STREET COMMITTEE HAS NO RE~ORT TO MAKE WITH REFERENCE TO MR. CRAIIIFORD'S SIDEIIIALK COMPLAINT NOR IN REGARD TO THE DRAINAGE OF DELRAY BEACH ESPLANADE, AND ACTION ON THESE MATTERS IIIAS DEFERRED, UNTIL THE CHAIRMAN OF THE STREET COMMITTEE COULD BE PRESENT. MR. HILL ASKED WHAT EFFECT DR. WILLIAMS' NElli DRIVEWAY WOULD HAVE, IIIHEN CUT THROUGH, ON THE DRAINAGE OF ATLANTIC AVENUE, AND THE CITY ENGINEER SAID IT SHOULD HAVE NONE WHATEVER. THE CLERK WAS INSTRUCTED TO HOLD UP PAYMENT OF EXAMINATION FEES TO THE BEAUTICIAN'S BOARD UNTIL SUCH TIME AS THE ORDINANCE IS THQROUGHL Y THRESHED OUT AND HELD TO BE LEGAL. IN THE MATTER OF HEDGES, THE CITY ATTORNEY REPORTED FHERE WAS NO REGULATION THE CITY COULD ENFORCE AS TO THE HEIGHT O~ SUCH, BUT IF THESE WERE DEEMED A NUISANCE, THE STATE LAlli 010 PROVIDE FOR CONTROL OF NUISANCES Ar<D IN SUCH INSTANCES A PERSON COULD RESORT TO THIS STATE LAW FOR PROTECTION. IT WAS MOVED, SECONDED AND CARRIED THAT THE CLERK WRITE, SO ADVISING MRS. STERLING, IN REFERENCE TO HER HEDGE COMPLAINT. ~ As TO' THE COMPLA I NT OF MRS. JOHN BLANK REGARD I NG THE DRAINAGE FROM THE 5EBERAL HIGHWAY ON TO HER PROPERTY, THE CITY ENGINEER REPORTED THAT HE COULD SEE NOTHING OBJECTIONABLE AT ALL, AS THERE APPEARED TO BE NO DIRT OR OIL DEPOSITED ON MRS. BLANK'S PROPERTY- MERELY THE EXCESS RAIN W~TER. GROVER BAKER APPEARED BEFORE THE MEMBERS ASKING SPECIAL PERMISSION, IN BEHALF OF THE COLORED VETERANS, TO RUN A CARNIVAL SIX DAYS IN COLORED TOW~I, FOR THE COLORED PEOpLE ONLY. HE WAS ASKED HOW MUCH THE VETERANS EXPECTED TO MAKE OUT OF IT AND STATED THEY HAD BEEN GUARANTEED $1100.00. AFTER DISCUSSION, IT WAS MOVED BY MR. SABATH THAT SAID PERMISSION BE GRANTED, AND THAT THE USUAL LICENSE BE WAIVED. ~~R. HILL SECONDED TflE MOTION AND ON ROLL CALL, TblE 'fOTE WAS. A FOLLOWS: [.:R. HILL,YES; MR. JACOBS, YES; ~!R. SA8ATH, YES; MR. SCOTT, YES. THE f~CTION CARRIED. IT \VAS POINTED OUT THAT IT \VOULD 8E NECESSARY TO APPOINT A GOt,RO TO FUNCTIon IN ENFORClfJG RE~UIREIJENTS OF ORDINANCE 382, REGULATING THE EXAl-!IINING fiND LICENSING OF CONTRACTORS AND SUPERIN- TENDENTS ON CONSTRUCr'ON WORK, BUT SINCE THE QROI NANCE DID NOT BECOME EFFECTIVE UNTIL FEBRUARY 28TH, IT WAS DECIDED TO WAIT UNTIL A LATER MEETING TO MAKE THEse APPOINTMENTS. BY MOTION OF MR. SABATH, SECONDED BY MR. JACOBS AND ON ROLL C ALL UNANIMOUSLY CARRIED, BILLS !lUMBERED 6469 TO 6528, HAVING BEEN APPROVED BY THE FINANCE COMMITTEE, WERE REFERRED SACK TO THE COUNCIL AND ORDERED PAID. 1641. COUNC I L CHAMllER FEBRUARY 10, 194-1 MR. JACOBS REPORTED WITH REFERENCE TO GARBAGE DISPOSAL ANO THE CITY'S GARBAGE DUMP, WHICH HE SAID WAS GETTING IN VERY BAD CONDITION ArlO AFTER INVESTIGATION HE BELIEVED THE FOLLOWING PLAN AOVANCED BY THE CITY ENGINEER, TO BE A GOOD ONE FOR RELIEF OF PRESENT CONDITIONS, VIZ. TO DIG A DITCH OF APPROXIMATELY 125 CUBIC FEET FOR A DISTANCE OF 500 FEET IN WHI CH TO BURY THE GARBAGE. IT WAS FIGURED THIS ~QULO ACCOMOOATE THE CITY FOR ABOUT TWO YEARS. MR. CROMER EXPLAINED THAT SECTIONS OF THIS DITCH, AS IT BECAME FILLED WITH REFUSE WOULD BE COVERED WITH A LAYER OF THE SPOIL REMOVED THERER80M, AND THAT THE REMAINING FILL COULD BE USED TO ADVANTAGE AT VARIOUS PLACES ALL OVER TOIIIN. THE CITY ENGINEER ESTIMATED THE COST OF DREDGING SUCH A DITCH WOULD BE AROUND $350.00. IT IIIAS FINALLY MOVED BY MR. JACOBS THAT THE CITY ENGINEER BE AUTHORIZED AND INSTRUCTED TO GET PRICES FROM CONTRACTOS ON EXCAVATING A TRENCH OF ~25 FEET CROSS SECTION, FOR A LEN~TH OF 500 FEET. MR. SABATH SECONDED THE MOTION, AND ON ROLL GALL THE VOTE IIIAS AS FOLLOWS: MR. HILL YES; MR. JACOBS YES, MR. SABATH YES, MR..SABATH YES, MR. SCOTT YES. THE MOTION CARRIED. THE CHAIRMAN OF THE SANITARY COMMITTEE REPORTED HAVING HAD COMPLAINT FROM W. A. GILL REGARDING THE BADLY OVERG80111N CONDITION OF THE PROPERTY I N BLOCK 54, OPPOSITE HIS !10ME, AND HAD ASI<ED THAT THE CITY 00 SOMETHING TOWARDS HAVING IT CLEANED OFF. THE CITY AGREED TO HAVE THE PROPERTY CLEANtD PROVI:DED SOMEONE COULO BE FOUND WHO 1II0ULD PURCHASE THE IMPROVEMENT L lENS ISSUED THEREFOR. MR. JACOBS SAID HE WOULD INVESTIGATE FURTHER. MR. JACOBS REPORTED THAT HE HAD HEARD SOME SUGGESTIONS, REGARD I NG THE G"b.llFl' COU RSE, TO THE EFFECT THAT THERE SHOULD BE A SPECIAL PRICE FOR ELDERLY PEOPLE WHO ONLY WANT TO PLAY NINE HOLES. THE CHAIRMAN OF THE PARKS COMMITTEE SAID HE FELT SUCH A REQUEST SHOULD BE MADE DIRECT TO THElGOLF COMMITTEE SINCE FEES WERE A MATTER FOR REGULATION BY THESE MEMBERS. IT IIIAS MOVED BY COUNCILMAN SABATH THAT MR. ROBT. BLAKE BE NOMINATED TO SERVE ON THE ZONING COMMISSION IN THE PLACE OF HENRY V. POPE, RESIGNED. MR. HILL SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY, ON ROLL CALL. IT IIIAS REGULARLY MOVED, SECONDED AND CARRIED THAT COUNCIL ADJOURN. ~.~ CITY CLERK. APPROVED: " ~ ,