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 .
'\