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03-10-41 Regular 1655 COUNCIL CHAMBER Maroh 10, 1941 The Counoil met in regular session at 7:30 P.M. with the City Attorney, and the following members present: Mr. Hill, Mr. J"aoobs, Mr. Hiller, Mr. Sabath and Mr. Soott. By motions regularly made, seoondedand oarried the regular meeting of February 24th, and the speoial meetings of 11aroh 3rd and 5th, were approved as read. Under heading of old business, the Chairman of street Committee reported that it was intended to open up the alley through blook 109 from the Chamness property to the South end of blook so that Miss Chamness might have aooess to her garage by entering alley from First Street. This would make removal of the tree un- neoessary, 11r. Miller said. By motion regularly made, seoonded and carried, the follOWing Beauty Culture amending ordinanoe was plaoed on its first reading: ! I ORDTNANCF. NO. 39il AN ORDINANCE OF Trlli C rry COUNCIL 0 F THE CITY OF DEL RA Y BEACH',' FLORIDA, AMENDING AN mmRGENCY ORDlliANCE OF THE CITY OF DELRA" BEACH, STATE OF FLORIDA, DEFINING THE PRACTICE OF BEAUTY CLUTURE AND MANAGEMENT OF BEAUTY SHOPS, AND RE>; Q.UIRING A LICENSE OR CERTIFICATE OF REGISTRATION AS A CONDITION TO ANY PER,30N PRACTICING BEAUTY CULTURE OR 1mY PERSON ATTEMPTINI1 TO 11ANAGE OR OPERATE A BEAUTY SHOP, AND PRESCRIBING THE TERMS AND CONDITIONS UPON WHICH THE LICENSES OR CERTIFICATES OF REGISTRATION MAY BE IS,~UED TO ANY PERSON TO PRACTICE BEAUTY CDLTURE OR TO MANAGE OR OPERATE A BEAUTY SHOP IN THE CrrY OF DEhTlAY BEACH, STATE OF FLORIDA; CREATING ACITY BOARD OF BEAUTICIAN EXAJUNERS AND DEFEUNG AND DECLARING ITS POWERS AND DUTIES; BEGTJLATING THE PRACTICE OF BEAUTY CDLTTJRE AND MANAGmtSNT OF BEAUTY SHOPS BY THOSE LITCENSES JIEREUIiDER: IMPOSING CERTAIN FEES UPON PERSONS APPLYING FOR LICENSE~ OR CERTIFICATES OF REGISTRATION TO PRACTICE BEAUT" CULTURE OR OPERATE Oq l'AI,AGE 0\ BEAUTY SHOP OF THIS CITY; AND APPROPRIATING ~Jlli PROCEEDS THEREOF TO ACCOMPLISH 'I'm PURPOSES OF THIS ORDINANCE; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE . AriD REGTJLATIONS REREUIiDER. 1656 Maroh 10, 1941 The ordinanoe having been read in full, it was moved by Mr. Soott that it be passed on its first reading. Mr. Hill seoolmed the motion, and on roll oall the vote '.vas as follows: Hr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion oarried. Upon reoomendat ion of the l'ayor it was moved by l,r. Jaoobs, seoonded by!.Ir. Soott, and on roll oall unanimously oarried, that James "1. J"ones' appointment as polioe paDrolfuan for the months of February and 'Maroh, 1941 at a salary of $137.50 be approved. The following resolution, submitted by the Delray Beach Chamber of Commeroe, was read: RF.8m,tT'T'TON BE IT RESOLVED by the Chamber of" Commeroe of Delray Beach in regular meeting assembled: That the Honorable Hayor and City Council be re~uested to instruot their committee on fire protection to make a survey and report to the Counoil as to additional fire apparatus to the oity's fire department to be located east of the oanal. The rapid building development east of the oanal in the past two or three years is obvious. Should the bridge crossing the oanal be open, for the passing of boats, or refuse to olose (as has happened) delaying fire apparatus from reaching east of the canal fire--presents a oondition that should have serious consideration. It is respeotfully re~uestec, that the City Couno!l give this matter due and timely attention, and that the Seoretary of the Counoil oommunioate to the Chamber of COllll!leroe, of Delray Beach, suoh aotion taken by the City Counoil or their oommittee on fire proteotion. "'hat the secretary of the Chamber of Commeroe forward this resolution to the City COlmoil before the ne xt mee ting 0 f the Couno il. Unanimously adopted February 25, 1941 (SIGNED) EDNA WATERS', Seoy. 1657 March 10, 1941 ',Vith referenoe to the Chamber's request, Hr. Soott said he oonsidered this an inportant matter whioh ShOlld be given s orne study, but just what oould be de ne, he did not know. Mr. Sabath moved that it be referred to the Street & Fire Committee for report back to the Counoil at its next meeting. Mr. Hill seconded the motion, which on roll oall, oarried unanimously. A letter was read from d. Edward Farrar, requesti~g that the City reqUire the owner of Lots 34 and 35 of Seotion 9 on the North Ooean Blvd. to olean out and grub his property, the appearance of which, J:e said, detraoted from the surrounding property, and harbored skunks and land orabs as well as being a breeding plaoe for mosquitoes. He further sta ted that if the owner refuseS to VOluntarily olear tbe property he would be willing to purchase an improvement lien for suoh oleaning if the City prooeeded in the legal way to advertise and assess a lien against the property for such work. It was moved by Hr. Hill that this matter be referred to the Sanitary Comrnittee for report back to the Council at next meeting. 1tt. soott.seoonded the motion, whioh carried unanimously on roll oall. The Chairman of the Sanitary Committee expressed the opinion that he did not believe the clearing of property was partioularly a matter for the attent ion of the Sanitary Commi.ttee, but agreed to look into Mr. Farrer's oase and make the re- quested report baok to the Counoil. A revised tentative plat of Mr. Farrar's proposed subdivision of Lots 28, 29, 34 and 35 was submitted ~r the Counoil's approval. As the 40-foot street runnirg through the center or the subdivision, did not extend all the way to the 'Vest line of Lots 29 and 34, the Counoil deolined to approve What they termed a dead-end street. Mr. Christenson, owner of the property laying outside the City, 'Nest of the Farrar traot, was present, and stated that if Mr. Farrar would dedioated this street right up to his property line, then ~'r. Christenson vrould be willing to oontinue suoh dedioated right-of-way on through his property to the Canal. It was moved by I1r. Sabath that bids be oalled for on the City'S fleet of vehioles, Qovering bOdily injury and property damage, the present polioy for \mioh expires on April 24th. Itt. Scott seoonded the motion, which oarried unanimously, on roll oall. 1658 . Maroh 10, 1941 The following reoommendation to the Counoil by J"udge -'liloox was submitted and read: Maroh 10, 1941 TO MEMBERS OF THE CITY COUNCIL: Gentlemen: , After oareful review and oonsideration of the City's oase against Bill Webb for violation of Sec. 53, Art. 5, Ord. 252, Ord. Book 4, and Seo. 411, Ord. Book 1, for Reokless Driving and destruotion of City property, I make the following reoommendation: "That the sentenoe of this oourt heretofore imposed on Mr. 1Vebb be remitted by the Coun- cil if and when Mr. ','{ebb makes a satisfao'tory arrangement with the Counoil to pay for t'1e damage done to City :property". Very truly yours. '.1. E. 'NILCOX J"udge, ]~unioipal Court. In aooord with the reoommendat ion, it was moved by Mr. J"acobs that the pe nal ty in the 'Jebb oase, Dooket Page No 1051 be waived when and at s uoh time as Mr. Webb makes a satisfaotory settlement with the Counoil, by giving to the City a note for the amount of the damage to the City fire hydrant. Mi'. Hill seoonded 1fue motion, which oarriedunanimously on roll oall. (signed) A Simon Eassa appeared before the Counoil oomplaining about the amount of the olearing lien assessed againm Lot 14 Blook 110, oontending that there was very little olearing done on this partioular lot, while adjoining properties had a dense growth of sorub and brush, yet all were assessed for the same amount. He asked that an adjustment be made in the amount of the lien. The Chairman of the Sanitary Comm~ttee was authorized to illl.vestigate Mr. Simon's complaint to see if any error had been made and report baok to the Counoil at next meeting. The Clerk read the state Board of Health's quarterly report on Delray's water. which reported same as being "Good". 1659 Maroh 10, 1941 Mr. H. H. Wellinbrink oame before the meeting again asking that the City Counoil do something to remedy 1h e drainage oondition existing in his Delray Beaoh Esplanade subdivision, whioh he stated was due to water draining from Vista Del Mar and ooean ridge properties. It was aocord mgly agreed that the Street Committee meet wittl. Mr. ',Vellinbrink the following day at 2:30 P.M. am look over the si tuation, to see what might be done about it. / The city Engineer said there were a number of questions to be oonsidered therefore he would like to meet with the street Committee, also, to go into these questions with them. The Chairman of the Parks Committee submitted a report on the aotivities of the Delray Beaoh Tennis Assooiation for the month of J"anuary, whioh report was ordered filed. Councilman Sabath also reported that he had reoeived a request from Mr. Plastridge and Mr. Hall who were running the local rifle'range, for a oity donation to the Rifle Club of $100.00 to purohaae wmmunition for the balanoe of the year. l~embers felt that the City should donate s Offiething for this purpos e but that other organizations should be prevailed upon to lend some monetary assistanoe .also. Upon reoommendation of the Mayor, the matter was referred baok to the Parks Committee for further CXl ns iderat ion and re oomrn.endat:1l.on back to t l:E Couno U. Mr. Sabath stated that praotioally all the boats, in dook at the yaoht basin, had requested reservat ions for ne~t season, but that he did not reoommend the leasing of dookage spaoe to anyone until it was definitely known what the Council was' going to be able to provide and what improvements were to be made in the basin during the summer. Counoilman Scott again brought up the matter of re- moving three fire plugs from the Ooean Boulevard right- of-way. To do this, the Fire Chief reoommended that the plugs be moved entirely off the right-of-way, and runways paved alongside of eaoh of these to permit use of the suotion hose on the fire truok. It was ffinally moved by Mr. Soott that this matter be referred to the City Engineer, the Fire Chief and C. A. Baker for a full report ana. estimate on the oost of suoh work, same to be submitted to the Counoil a t its next meeting. Mr. Hill seoonded the motion and on roll eall the vote was as follows: l~. Hill yes, Mr. J"aoobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion oarried. 1660 , Maroh 10, 1941 The Chairman of the Sanitary Committee reported that the Sewer Disposal plant in the park was being ol~aned up and put into shape, and the maohinery p3inted. He said it was much improved but that u~timately the tank would have to be oleaned out. He reported also, that Mr. Ba'{er had been cleaning . out the sewer linE s with his sewer oleaning eQuipment. ^. A proposed ordinanoe regulating the praotioe of photography and establishing an oooupational lioense fee therefor was submitted by Riohard A. Ett~le, E. H. Herr ick, R. E. Aul t, and Wal t er Van Durand, looal photographers, with the request tha t the city adopt suoh. After the reacl ing 0 f the ordinanoe, it was moved by Mr. Soott that it be referred to the Ord- inanoe Committee for reoommendation and for putting into proper form for adoption. Mr. Sabath seoonded the motion, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion oarried. The city Engineer submitted for approval, final speoifioations prepared for bidders on the new vertical pump which the council decided to purohase at the last speoial meeting of the members. After reading of thes pe 0 ifioat ions, the Council approved same and authorized the City Engineer to prooeed with the oall for bias. Said bids to be opened at the next regulal meeting of the Counoil. Engineer Cromer offered a reccmmendation on the pur- ohase of a master meter for metering the water output at the plant, and in accord with such reoommendation, it was moved by I/[r. Hill that the City Engineer be authorized to order and have installed 1 10" Sparling Saddle Type Meter weight 65 Ibs. 1 216 Wall Style Indioator- Totalizer-Reoorder, oable drive, with up to 15 ft. of cable weight 80 Ibs $252.00 180.00 $432.00 " 1661 " Maroh 10, 1941 Also that a 20' x 20' ooncrete block addition 'Nith reinforoed ooncrete piers and floor be made to the water plant to house ohlorinator, master meter and meter repair department. '['he City Engineer estim- ated the cost of this oonstruotion, would run around ~1,000.00. Mr. Soott seoonded Jlr. <rill's motion, whioh on roll oall it oarried.unanimously. The City Engineer reoommended tha t t his work b.e done by city foroes, and it was accordingly moved by Mr. Soott that the Building Inspector, City Engineer and other oity employees prooeed with the construotion of this building, same to be under supervision of the "Vater Committee. Mr. Sabath seoonded the motion and, on roll oall, it oarried unanimously. By motion of Mr. Rill, seoonded by Mr. Soott, and on roll call unanimously oarried, the Clerk's purchase of a new underwood typewriter at a prioe of (;;108.67, was approved. z (. The Clerk brought to the Counoil's attention oertain Court deoisions in regard to allowance of homestead exemption on rental properties, and to Florida women residents whose husbands claim residenoe in other states, aSking what praotioe should be followed in preparillg the 1941 tax roilll, in suoh instances. It was moved by Mr. Soott that these questions be referred to the City Attorney for a ruline and report baok to the Council. It was moved by Hr. 3abath that bills numbered 6588, to 6646, havillg been approved by the Finance Committee, be referred back to the Counoil and ordered paid. The matter of 1941 appraisals on new and remodelled buildings was brought up by the Clerk, who stated that Howard Cromer had offered to db this work for the same compensat ion as had been paid in the past. In this regar!l, the Payor explained that !'r. Cromer had done t':is work before and was therefore familiar with the method of appraisal anl he ~elt it would be pref- erable to have the work done by a oity employee if possible, and that this appraising would be done on lift'", Cromer's own time therefore it would not interfere with his regular work. It was acoordingly moved by Mr. Sabath that Howard Cromer be employed to make these appraisals, on his own time, at $1.00 per house, as has been paid in previous years for suoh appraisal wcrk. :1C62 March 10, 1941 Mr. Hill seconded the motion and on roll oall the vote was as follows: Mr. Hill yes, ~1r. Jaoobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion oarried. The Clerk reported she was reoeiving oomplaints con- tinually, from property owners of vaoant lots, in re- gard to neighbors cleaning orf properties and dumping trash on these vacant lots. It was being asked that the City pass some regulation to prevent this praotioe. The Building Inspector reported that he had also reoeived oomplaints that oertain oitizens were oarting garbage outside the city limits and dumping it in Silver Terraoe Subdivision and on the North Dixie Highway, whioh he oonsidered objeotionable and unsanitary for the City. He asked if there was no law whereby the City oould regulate this oondition outside the oity limits. Mr. Nowlin agreed to investigate to see if there wasn't some Board of Health regula tion that oould be enforoed oovering the oondition complained of. It was therefDre moved by Mr. J"aoobs that the City Attorney be instruoted to address a letter to the County Commissioners quo~gg the law in this regard and requesting that the aooumulations of trash be removed.. The Mayor also reoommended the passage of an ordinanoe making it a misdemeanor to dump trash on vaoant lots within the oity limits. It was regularly moved, seconded and oarried that Counoil adjourn. ~cJ WI ~17 CITY CLER~. ;r!9<J Wb, Mayor . '\