03-24-41 Regular
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c:lt69
COUNCIL C:fWffiER
March 24, 1941
The Council me t in regular sess ion at 7: 30 P.M. with the
City Attorney and the following members of the Council present:
Mr. Hill, Mr. JaoobfJ, Mr. Miller, Hr. Sabath and Mr. Scott.
By motions regularly made, seconded and carried, the regular
meeting of March 10th and the special meetings of March 17th
and 19th were apnroved as read.
The Chairman of t'1e Sanitary Committee reported having in-
vestigated'the complaint of A. Simon Eassa as to over-asseSSMent
for the clearing of Lot 14, Block 110, and had found Mr. Simon's
contention correct inasmuch as his lot, which was merely covered
with red-top and grass was assessed for $13.00 whereas ad-
joining lots, heavily covered with scrub gr01qth were assessed
at only ~~12.00. He said apparently there had been sane error
in charging so large a proportion of the clearing cost to said
lot 14. After discussion, it was moved by Mr. Scott that the
assessment on lot 14 Block 110 be corrected by reducing amount
of the lien to $5.00 and cancelling the $8.00 balance charged
to said lot. Mr. Hill seconded the motion, aDik'on roll c'all,
the vote WaS as :fIoll ows: PI'. Hill yes, III'. Jac obs yes, Hr.
Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried.
Mr. Miller, Chairman of the street Committee, reported having
visi ted t'1e Wellinbr ink property in Del my Beach Esplanade,
several times during rains and, contrary to Mr. Wellinbrink's
assertion that 90% of the ,water ran do\~ from Vista Del Mar
Drive, he and the City Engineer had decided from close ob-
servation, that only about 10% of the water came from said
street. ITe said a tentative offer had been made 1,11'. 'Nellinbrink,
for the City to pay part of the cost of remedying the drainage
condition, but that Mr. 'Nellinbr ink was unwilling to pay any-
thing towards it; therefore tm Mayor recommended that iI
culvert be constructed to drain off all the water flowing dO'.'/Il
fran Vista Del IfnI'. He said he fel t this would, be a means of
proving that the water complained of did not originate East of
Andrews Avenue, but that the condition was directly due to the
drainage of Delray Beacp, Esplanade Subdivision. After discussion
of the situat:lon wi th the City Engineer, it was regularly moved,
seconded and carried that he be authorized to construct a Covered
Culvert at+the ':iest end of Vista Del Mar Drive for. the purpose
of draining said street.
The Chairman of t IE Finance Committee was asked for re'Oort
and recanmendation ~ renewal of "Viorkmen 'IY Compensation~'
insurance policy and "Group Accident" policy on City f~emen,
l)oth of which had lapsed, and which the Council had previously
considered carrying itself. Mr. Sabath said that in v~ w of the
small compensation paid the volunteer firemen, he was in favor
of continuing the firemen's policy, and after further disoussion,
he moved that the City renew both',the Workmen's Compensation and
:1670
March 24, 1941
and the Firemen's policy far one year. 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.
A communication was read from the Delray Beaoh Zoning
Commission, aCknowledging its appointment as a Planning Board,
thanking the Council for its past cooperation, and offering
to'l.end assistance in passing upon new subdivision plats or
in any way, within" its jurisdiction, that the Council might
desire. The Mayor said he favored the idea of having the
Commission pass upon such new plats. The communication was
ordered filed.
A letter was read from the Delray Beach Fire Department
inviting the Mayor and City Council to the Firemen's Annual
banquet at the Fireman's RaIl, Friday evening, March 28th.
The following communication was read from Frederio E. Boyd.
llarch 21, 1941
City Council,
Delray Beach, Florida.
Ge ntl emen :
As owner of two pedigreed, registered dogs, under
supervision at all times, I wiSh to register a protest
against the large number of stray dogs here in Delray.
These strays, as any Vet will tell you, are a menane
to the health of other do~, and should be destroyed.
As a solution, I suggest licensing all dogs owned by
local residents, The cost of license should be suffioiently
small so as not to cause hardship on any individual
capable of maintaining a dog. As a suggestion: $1.50
for males, and $2.50 for females, the proceeds of such
l~censing to go for defraying expenses of a dog warden.
Yours t=ly,
(SIGNED)
Fred E. Boyd
The Mayor stated the City had an ordinance imposing
a dog tax, but that it was not enforced. The City Attorney
reoommended vaccination, in conjunction wtth the lioensing of
dogs, as a health safe-guard. The matter was disousse~ at
length, the members of the Council all expressing themselves
as being favorable to the passage and enforcement of such
regulations, but as being doubtful as to Whether the pUblio
. as a whole, would agree to all the reoanmendations, partioularly
the destruction of their pet~. It was therefore reoommended by
"
1.67:1
March 24, 1941
the Mayor that the Council go on record as favoring the
idea, providing the people would back it up, and as being willing
to pass the re~uested legislation if a petition from a suff-
icient number of citizens is presented to the Council. Mr.
Sabath further suggested that the 100 al press give the matter
some publicity in order to get the sentiment of the people on the
subject. It was moved by Mr. Jacobs that the matter be tabkd
until the next meeting of the Council. Mr. Sabath seconded the
motion, which carried, unanimously, on roll oall.
A letter was received from King S. Cone, Adjutant of,Milton-
Myers Post No.55, asking that taxes levied and uppa!d against
Lot 14, Block 106 be cancelled, in consideration of publio
servioes rendered by the Legion in the past and inasmuchaa
the property is used purely for Legion and Boy Scout activities.
The Clerk advised that the property was exempt now, but that
delin~uent taxes from 1929 to 1939 amounting to $134.92 were
outstanding, also a sewer lien amounting to $95.77. In this
regard, it was moved by 1,'1'. Scott that the outstanding taxes be
cancelled but that the Legion be re~uired to pay the sewer
improvement lien, on the adjusted basis allowed for outstanding
liens assessed in that blook. Mr. Rill seconded the motion, and
on roll call, the vote was as follows: Mr. Hill yes, Hr. ;racobs
yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion
carried.
The hour of 8:00 O'clock having arrived, the following bids
were opened and read on One (L) vertical, single stage, dry pit
service centirfugal pump fitted with cast iron casing, bronze
impeller, monel metal shaft, cast iron ring type baseplate,
Constructedto operate against a TDH of approximately 42'. ~H
figured as 17' of auction lift and 25' of discharge head, and
figured to del iver approximately 2000 GPM.
J.P. Carroll - Weinman Pump
Fairbanks l[orse Company
Cameron Barkley Co. Dayton-Dowd
Worthington Pump Co. pump
~805.00 F.O.B. Delray
939.00 F.O.B. Delr~y
1140.95 F.O.B. ~u1no~y, III
1444.00 F.O.B. Delray
It was moved bv Mr. Hill that these bids be referred to the
Water Committee for study and recommendation back to the Counoil
at a special meeting to be held for that purpose on Wednesday
night, MBrch 25th, at 8:00 o'clock. Mr. Scott seconded the
mot ion and on roll call the votlt was as follows: Mr. Hill yes,
Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes.
The motion carried.. Attending pump company representatives
agreed to meet again with the Council at said hour Wednesday
night.
:1672
March 24, 1941
Bids on a light truck for use of the water department,
were submitted as follows:
DELRAY BEACIT POTORS
1941 Ford 4-cylinder pickup
truck with 4-speed transmission
and spare tire, has run 500 miles
Less special discount
"
To have new car guarantee
$740.00
100.00
'" 640.,00
,;P
867.00
130.00
$ 737.00
DELRAY SERVICE GARAGE 1941 Chevrolet 3/4 ton pickup
truck standard transmission
run less than 2000 miles
Less special discount
,
The Chevrolet was considered the best buy for the purpose
intended, therefore Mr. Sabath moved that the Ci ty purchase the
Chevrolet turck at bid price of $737.00. Mr. Hill seconded the
motion, which carried unanimously, on roll call.
The following recommendation of the Zoning-Planning Commission,
was presented by the ClerkJ "Due to variation of property
lines and widths of Delray Streets, we recommend that some steps
be taken, by the Council, to establish proper set backs from the
center of. the street, instead of from property lines in suoh
speoific instances, in order to provide a uniform set-back where
street widths are not uniform". It was pointed out, that to
follow this recanmendation, it would be necessary to amend the
zoning ordinance, therefore it was moved by N~. Sabath that this
matter be referred to the Ordinanoe Committee to work out and
make recommendation back to the Council as to necessary amendment
for governing this situation. Mr. Scott seconded the motion
and on roll call the vo te was as follows: Mr. Hill yes, Mr.
Jaoobs yes, Mr. Miller yes, Mr. Sabath yes. Mr. Soott yes.
The motion carried.
1he Clerk presented sworn statement of Cecile P. Belden to
the effect that lots 1 ec 2, Block 2 Del-Ida Park were one traot of
land, same having been filed with request for permit to build a
garage on Lot 1. The ~uilding Inspeotor explained that the
Zoning Ordinance prohibited the building of a garage on a lot
before the main building, therefore he had required ~oof that
these two lots were to be considered as one tract, and recommended
that this statement be put on record at the Court House. It was
therefore moved beT Hr. Hill that stUd instrument be recorded,
which motion was seconded by rrr. Sabath, and on roll call,
unanimously carried.
1673
March 24, 1941
The following application was received ~rom ~oe Priest
for permit to install a ready-mix concrete plant on the North
100 ft of Block 91
March 24, 1941
TO THE HONORABLE CITY COUNCIL OF DELRAY BEACH:
I, the undersigned, contemplate putting in a ready-mix
concrete plant on my lot, described as north 100 ~t. of block
91, which is directly north of the Standard Oil Plant next to
the F.E.C. railway.
This plant will consist of a rock and, sand bin having a
capacity of 45 tons, from which the mixer trucks are loaded.
The bin, is loaded by an endless bucket, which is enclm ed
in a stetl casing, and powered by a small gasoline motor.
This plant will make very little noise, and I am sure
could not be annoying, or termed as a public nuisance by anyone,
but if same shouil.d become true I WJuld be more than glad to
cooperate and move same.
If you gentlemen see fit I would appreciate a permit
to install this plant.
Respe ctfully,
(SIGNED)
JOE PRIEST.
There was considerable discussion as to what zone such an
industry should be located in, whether in the "Industrial" or
whether it should be permitted in the ~General Business" Zone,
and finally it was moved by Hr. Rill that the requested permit
be granted, with the proviso that the qwIler agree to move
it elsewhere should it prove to be a publ:Lc nuisance. Hr. Scott
se c onded the motion and on roll ca ll, the vote was as follows:
Hr. Rill yes, Hr. ~acobs yes, Mr. Hiller yes, Hr. Sabath yes,
Mr. Scott yes. The motion carried.
~uotations were submitted for Council Rbom furnishings,
including venetian blinds, tube frame all metal chairs for the
auditorium and cushioned tubular ~rame chairs for the Council
members. Inasmuch as full length blinds were deemed unsuitable
it was recommended that cloth blinds be purchased in lieu of the
venetian type. An offer to fl~nish a Council table 3}' x 8'
in size, vamued at $125.00 free to the City, was also submitted
from Mr. C. C. Cook. 1.!embers of the audience, us well as the
councilmen favored the idea of furniShing the Council Chamber and
:1674
March 24, 1941
it was moved by Mr. Sabath that the City purohase:
50 steel chairs Q 3.75 each $187.50
5 linen crash shades
1 linen"orash drape for transom
9 Chromium cushioned chairs 05.00 45.00
And that the City accept Mr. Cook's offer of a table and send
him a letter of' thanks in acknm'lledgement of same. Mr. Hill
seconded the motion, and on roll call, the vote was as follows:
Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Hr. Sabath yes,
Mr. Scott yes. The motion carried.
The Mayor recommended the re-appointment of Traffic Polioeman
James W. Jones for the month of April, stating that he believed
it advisable to continue the four pOlicemen f'or another month.
It was moved by Mr. Rill, seconded by Mr. Sabath, and on roll
call, unanimously oarried, that this recommendation be approved
and accepted.
The Clerk reported that there were County tax certificates
outstanding against the N~ of Block 136, East of the Canal, and
that if the City considered this desirable for a yacht basin
or O$her public use, these could be purchased for $
and tax deed applied f'or, since the City had outstanding certifio-
ates also against this tract of land. It was aCCOrdingly moved
by Mr. Hill that the City Clerk be authorized to purchase said
outstanding certificates and apply for County tax deed on the N~
of' Block 136, lying East of the Canal. Mr. Jacobs seconIed the
motion, which carried unanimously, on roll call.
Mr. Senior appeared before t~e meeting expressing appreciation
for the way the Council had cooperated in the Key Club Day
program stating that the boys had taken in $1100.00, during the
Underprivileged Child drive.
Marshall B. Wood appeared in the interest of his c1ient,
Bassett W. Mitchell, regarding the City'S rumored intention of
applying to the Legislature for re-incorporation into the City
limits, of' Seagate subdivision. He stated that his client
would fight any such attempt to do this, and w::luld like 1D
meet with City officials to see if some amicable a~eement
could not be reached, whereby they would be permitted to remain
outside for the present time, but with the understanding that
the subdivision will ultimately become a part of Delray Beaoh.
Re stated that the promoters had laid some 3500 feet of six-
inch water main, and were desirous of purchasing water f'rom
Delray Beach if some agreeable arrang~:ent could be reached.
He further stated that at such time as Seagate is taken into
the City these water ma ins would be given, without oost, to
the City, also that they were willing to continue to purchase
:1675
March 24, 1941
water at the City line f~r a price of 28 oents p~r gallon,
flat, as in the past. He asked that this matter be seriously
considered by the members and that they confer with his cli~ts,
so that some workable proposition might be reduced to writing
to submit to the Council for approval. The Mayor advised
Mr. Wood that he believed the Council would gladly cooperate
in any practicable way and agreed to get together for the purpose
of working out something along lines mutually aoceptable to
both ~he City and his clients.
Mr. Jacobs reported having investigated Mr. Farrar's complaRnt
and request for the grubbing of Lots 34 and 35, Seotion 9,
and he recommended that the entire section on the Ooean Boulevard
between Fontaine Fox's residence and the City line, be thoroughly
grubbed. He recommended that the owners of said property be
contaoted in an effort to induce them all to go into a general
olearing project of the entire district. Upon request of the
Chairman of the Sanitary Cor~ittee, the Clwrk was directed to
write property owners, asking that this clearing be done on their
various prope rties.
The Chairman of the Parks Committee reported having received
a request from the Golf Committee for a small pick-up truok to be
used at the municipal course, and he recommended that thr old
Chevrolet truck, being discarded by the Water Department, be given
to the Committee for such purpose. Howard Cromer stated the
Shop mechanic said it could be put into shape for such use at a
cost of about $20.00 or $25.00 and would possibly serve for light
hauling at the course for a couple of years. It was thexefore
ordered repaired and given to the Golf Committee.
The following quotations on valves, needed in the present
water plant improvement were submitted:
,Crane COll1Pany
Eddy Val ve COll1Pany
R.D. Wood COll1Pany
M&H valve COll1Pany
$163.00
152.00
148.47
135.44
\
Mr. Cromer stated it would be neoessary to order these val.ves
immediately after decision as to purchase of pump is made on
Wednesday night, therefore it was moved by Mr. Hill that the City
Engineer be authorized to order necessary valves from tJ::e M!cH Valvl
Company as soon as he ascertains the sizes required. Mr. Soott
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. Soott yes. The motion carried.
:iG7G
March 24, 1941
The Mayor brought up the matter of bill from George
Brockway in the anxmnt of $204.20, for the "3'faking of tht West
line of the Ocean Boulevard, preparing fUe plat of survey,
supplying prints for fUing, and filing fee", and enquired
whether this work had been satisfactorily completed and plat
recorded, and upon the assurance of the City Engineer that all
work had been completed and requirements fulfUled, the bill
was regularly approved fo I' pa'Yll1e nt.
It was regularly moved seconded and carried that the
following ordinance be plaoed on its second reading:
OROINAMr.F ~R~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH,
FLORIDA, AHENDING AN EMERGENCY ORDINANCE OF THE ern OF DELRAY
BEACH, STATE OF FLORIDA, DEFINING THE PRACTIUE OF BEAUTY
CULTURE AND MANAGEMI:1IT OF BEAUTY SRDPS, AND REQUIRING A LICENSE
OR CERTIFICATE OF REGISTRATION AS A CONDITION TO ANY PERSON PRA'
TICING BEAUTY CULTURE OR ANY PERSON ATTEMPTING TO MANAGE OR
OPERATE A BEAUTY SHOP'; AND PRESCRIBING 'rITE TERMS AND CD N'"
DITIONS UPON WEICH THE LICENSES OR CERTIFICATES OF REGISTRATION
MAY BE ISSUED TO ANY PERSON TO PRXCTICE BEAUTY CULTURE OR TO
W.ANAG'~ OR OPERATE A BEAUTY SHOP IN THE CITY OF DELRAY BEACH,
STATE OF FLORIDA; CREATING ACITY BOARD OF BEAUTICIAN EXAMINERS
AND DEFINING AND DECLARING ITS PO,,/ERS AND DUTIES; REGULATING
THE PRACTICE OF BEAUTY CULTURE AND l/fANAGEMENT OF BEAUTlY SRDPS
BY THOSE LICENSED HEREUNDER: IMPOSING CERTAIN FEES UPON PERSONS
APPLYING FOR LICENSE, OR CERTIFICATES OF REGISTRATION TO PRACTII
BEAUTY CULTURE OR OPERATE OR HANAGE A BEAUTY SHOP OF TffIS CITY;
AND APPROPRIATING THE PROCEEDS THEREOF TO ACCOMPLISH TffE PUR'-
POSES OF 'TIUS ORDINANCE; AND PRESCRIBING PENALTIES FOR VIOLATIOl
OF THE PROVISIONS OF THIS ORDJNANCE AND REGULATIONS HEREUNDER.
The ordinance, having been read in full, it was moved by Mr.
dacobs that it be adopted on its second reading and final passage.
Mr. Hill seconded the motion, whioh carried unanimOUSly on roll
call.
The Mayor brought to the Council's attention the matter of
appointees on the Plumbing and Eleotrical Boards, contending that,
in his opinion, these boards should be largely composed of con-
tractox~, skilled in these partioular trades, instead of city
councilmen, and recommended that these two ordinanoes be referred
.to the Ordinance Committee for amendment as to these Board
appointments. Mr. I. J. Sinks ,stated that the Plumbing ordinance
should be entirely re-drawn as it was incomplete and out-of-date,
and upon his recommendation, it was moved by Mr. Hill that the
Ordinance Committee meet with the looal Master plumbers, for the
purpose of working out a new plumbing ord inance, and setting up
:1677
March 24, 1941
an examining board in conjunction therewith. Mr. 'Sabath seconded
the motion, which on roll call, carried unanimously.
,
Upon the Mayor's recommendation, it was also moved by Mr.
Sabath, that the electrical urdinance be amended to ~ovide
for the Eg?pointment of two electrical contractors and one
councilman instead of two councilmen md ont! contractor as it
now provideS. Mr. Scott seconded the motion, ani on roll call,
the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr.
Miller yes, Mr. Sabath yes, 1':1'. Scott yes. The motion carried.
By mot ion of Mr. Jacobs, seconded by Mr. Sabath, and on
roll call unanimously carried, bills numbered 6647 to 6714,
having been approved by the Finance Committee, were referred
back to the Council and ordered paid.
Upon motion regularly made, seconded and unanimously carried,
Council adjourned to meet again in adjourned regular session at
8:00 P.IT. ''lednesday, March 26th.
~~~).c~
CITY, ERK.
APPROVED: