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04-14-41 Regular 1682 COUNCIL CHAMBER '. April 14, 1941 The Council met in regular session at 7:30 P.M. with the City Attorney and all members of the Council present. , By motion regularly made, seconded and carried the minutes of the regular meeting of March 24th, and the special meetings of April 2nd and 7th were approved as read. A letter was read from the De1ray Beach Chamber o~ Commerce, asking that the council support the county's mosquito control project, by enforcing the 10ea1 ordinance governing the removal of trees and shrubs in the City. It was stated that certain property mvners were continuing to remove trees, thus leaving new holes to become breeding places for the pests, and that this practice should be stopped mf the mosquito control work now being done is to be effective, since it is impossible for the men to go back each week, over the same area. In this conne!ction, it was moved by Ur. Scott that the Sanitary Committee and Police Department investigate, and if it is found that owners are creating mosquito breeding conditions by-the removal of trees, tha t warrants be sworn out for the offenders, as provided by Ordinance 206 and 210, Ordinance Book 4. Mr. Sabath seconded the motion and on roll call the vote was as tollows: Mr. Hill yes, Mr. Jacoba not voting, Mr. Miller yes, Mr. Sabath yes, I;!r. Scott yes. The motion was declared carried. '. Letters were read from Dr. E. M. Farber and Mrs. H. McGuire Wood, favoring the idea of licensing dogs, under certain conditions, but the Mayor did not believe sufficient interest had been shown in the matter to warrant any action in this direction at the present time, and suggested that the matter be tabled until another meeting. The following letter was submitted and read to the Council: March 31, 1941 Gentlemen of the City Council De1ray Beach, Florida. Dear IUra: Some time ago I discussed with your City Engineer, 1683 April 14, 1941 Mr. Howard Cromer, the possibility of making the entrance of Salina Avenue more attractive. As you are aware, there! art! no curbs on 1tt is street, and the street pavement has no uniformity. It was my suggestion to Mr. Cromer, that as a starter, I would curb my property on Salina Avenue in accordance with his specifications, if the City would fill in, at no cost to me, the six inchea or a foot of pavement to meet my curb. \ This, I bel ie VII, would gi ve t his corner a g cod clean cut appearance, while at the present moment it is ragged and unsightly. Trusting you will give this suggestion dUe consideration and awaiting your decision, I am, Yours, for a better Delray Beach /s/ George H. Riley It was moved by Mr. Sabath that the request be referred to the City Engineer for recommendation and report back at next meeting. Mr. Scott seconded the motion, which carried unanimously on roll call. The following communication was also received and read: April 19, 1941 Mayor and Councilmen: Dear Sirs: \ I wish to make a cash offer on your lot west of swimming pool, at $40.00 per front foot, Which I understand you own 20 ft. leaving 10 ft. if you are able to give lIE a clear title on the 10 ft. to be used as a walk way and be landscaped which I will pay to be landscaped, and have tbl walk put in. Yours /s/ Gladys Chamness De1ray Beach, Fla. P.S. I wish to p~t my own building for my own business, so I will be able to have a larger shop. :1684 April 14, 1941 This evoked a long discussion as to the City's probable claim to a portion of the land commonly kno\Yn as the Sternberger property, viz the W~ Lot 18 and all of 19, Block 1, Ocean Park. It was stated several surveys had~ been made of the property, and that no two agreed as to where the East and West lot lines of the City's lot was. It was ~urther pointed out that the City was prohi~it.d from selling or disposing of this publicly dedicated property under the terms of the Gleason Deed. Miss Charoneas was therfore informed that th!! Council, under the circum- atances, was not in a position to take any action in the matter. A request was received from E.E. Bowns of the De1ray Beach Bowling Arcade asking if it was possible fo I' the Council to waive the $25.00 license required for his pool table, recently installed, in consideration of the aevera1 licenses already paid for operation of the various concession and businesses located in the Araade. After diacussion it was decided to make no Charge for the balance of the year, but to require the established license for the ~iscal year beginning October 1, 1941, providing the table is still in operation. The Clerk was instructed to so notify Mr. Bowns. Letters were received from t~. C.Y. Byrd and Besaemer Properties, Inc. stating that they intended to clean and grub their properties in Section 9 on the BeaCh, as recently requested by the Sanitary Committee. I,!r. Byrd also requested in his letter, that the City make a similar cleanup campaign for the back section of Ocean Beach Lots lying between Atlantic Avenue and the south line of the city limits, and that the City also solicit the cooperation of owners of said property in having the west portion of these lots filled with sand to an elevation that would prohibit standing water and the creation of sandf1y and mosquito breeding places. No. action wall!: taken on this request however. W. L. Christenson raported that Edward E. Jenkins would comn1y with the City's request hy clearing his property in Section 9. Inr. Christenson also drew the Council's attention to the bad condition existing on the rear of the lots lying between Fontaine Fox's ann the Hiserocchi property. It was therefore moved by Hr. Jacobs that the City Clerk be directed to write all property owners, between Atlantic Avenue and the North City 1f>cits on the Ocean Beach, having densely overgrown properties, asking that they have these cleared. IT. Scott seconded the motion, which carried unanimously, on roll call. For the Council's information, correspondence between Bessemer Froperties, Inc. and the office of the Chief Enginee of the War Department was read, with reference to the gro:[Ile , 1685 April 14, 1941 constructed at Briny Breezes by I~s. Agnes P. Miller. City Engineer Cromer reported he had been informed that there was nothing the City of Delray Beach could do about h:av1:nW this gro;!:n. at Briny Breezes removed, but if construction of such groj;n4s were continued South, to the point that it affected properties within, the City limite of De1ray Beach, then the ,'far Department would rllfuse permit for such if objection was raised by the 'City. A letter \~s received from fiVe! liome owners in B100k E, Palm Beach Shore Acres, requesting that a apecialJ"AA" Zone be created covering Lots 1 to 13, Block E, Palm Beach Shore Acres, also setting forth the desired restrictiona for such Zone. This was deemed a matter for action by the Zoning Commission, as it was moved by Mr. Hill, seconded by Mr. Sabath, and on roll call unanimously carried, that the request be referred to the Zoning Commission for rEI commenda tion. Upon recommendation of the Building Inspector, it was moved by Mr. Hill, seconded by 1!r. Scott, and on roll call unanimously carried that permit be granted Paul Godwin fer the moving of a garage from Lot 2 Block 2 to Lot 16 Block 1 Del Ida Park, same to be remodelled for use as servant's quarters. It was exp1aine d that this permi t was requested in lieu of the one requested at last meeting for removal to Lot 18 and 19, Block 4 Dell Park, said request having been withdrawn. Bids, as follows, were opened covering Bodily Injury and Property Liability Insurance on the City's 14 vehicles: R. G. Bostwick, Agt. American Fire &';Casua1 ty Co. E. J. Nichols, Agt. American Surety Company P1astridge Agency, Central Surety & Ins. Corp. $400 . 381. 362. After consideration of the various bids, it was moved by Mr. Hill that the insurance be awarded to the low bidder; also that bids be asked for on employees' privately owned cars used in connection with their work for the City. The fo110uing letter was read from the Building Inspector City Council GentlBIllen: This office will appreciate clearer instructions for applying the Occupational License Ordinance to Bui1d6rs and SUb-Contractors. . 1686 April 14, 1941 The present interpretation of what a General Contractor is does not seem fair to persons paying a Sub-Contractors license. At present any person deClaring himself a builder and paying a $25.00 license may engage in General Contracting. That is, he may employ any craftsman he desires either by day labor or by Sub-Contract to perform his work. While a person declaring himself as a particular craftsman and paying a $25.00 license is restricted to his particular craft It seems only right that a person engaged in Building Construction and employing all crafts either by the day or Sub-Contract should be deemed a general contractor and pay a license of $50.00 as required by license ordinance. /s/ Very trUly yours, Irwin J. Sinks, Bldg., Insp. Asked what he considered general contracting, the Building Inspector replied that common usage classed as a general contractor any person or firm who takes a contract to execute a completed construction job, regardless of what type of construction it may be. The City Clerk was accordingly instructed to require a general contractor's license' of all builders, accepting contracts for complete construct ion job s, and hiring sub-contractOlls and craftamen, in connect ion therewith. The Clerk was instructed to refund ~.E. Cason $10.00 deposited with the City last Summer for reconstruction of damaged sidewalk, adjacent to the new Cities Service Statton, which sidewalk had sinee been built and paid for. It was also moved by Mr. Jacobs that the City rock the alley entrance, crossing the sidewalk South of said Cities Service station. t~r. Hill seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, 1~. Miller yes, Mr. Sabath, yes, Mr. Scott yes. The motion carrie Mr. Sabath said the ball park equipment and grandstand needed painting; that it would take about $30. eo for pat nt and the labor had been offere~ in exchange for tax credit on delinquent taxes owing to the City. It was accordingly moved Mr. Jacobs that the Chairman of the Parks Committee be authorized to have the grand stand, fences and buildings at the ball park painted. Mr. Hill seconded the motion, and on roll call the vote was unanimous, and the motion was declared carried. ' The Clerk reported she had been unsuccessful in securing 168'7 April 14, 1941 "_ ~ ~, _~ _n_. tax title, for the City, to too N! of Block 136, lying !Vest of the Canal, inasmuch as investigation showed tha't this land had been acquired by the Government for the perpetual use 0 f the Intracoastal Waterway as a "spoil" area". The City Engineer reported that the U. S. Engineer's Office recommended that the City take steps to acquire title to that piece of property in the South yacht basin which had been .deeded to the Government far a spoil area. He said the government was perfectly \n11ing to relinquish its rights to same, an~ he recommended that whatever was necessary, be done, to secure city title to said yacht basin property. It was therefore moved, seconded and carried t~at the City Attorney take the matter up with the propervparties, \nth a view to obtaining title, and r<l!port back to the Council at ne xt meeting. Upon the Mayor'S recommendation the following members were, by motion of Mr. Hill, seconded by Mr. Sabath a.nd unanimously carried, appointed on the Electrical Ex- aminers Board for the year 1941. L. W. Cook, Electrical D. L. Meadows C. W. Hill R. C. Ksen B. A. Bailey Inspector, Chairman Representing Fla. Power & Light Co. Council Representative! Electrical Contractor Electrical Contractor By motion of Mr. Hill, seconded by Mr. Scott, and on roll call unanimOUSly carried, the Clerk was instructed to write extending a vote of thanks to C.C. Cook and Company and to the De1ray A\vning Company for donation of Council room table and ahair~. It was moved by ~nr. Hill that City Engineer Cromer be authorized to address a letter to the paper, answering Mr. "Rehr's open letter, of last week, in regard to the sale of water in and outside of the city limits. Mr. Soott seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs YIi!S, Mr. Miller yes, Mr. Sabath yea, Mr. Scott yes. The motion carried. By motion of Mr. Hill, seconded by 1~. Scott, and on roll call unanimOUsly carried, Mr. I. J. Sinks was authorized to purchase a rubber runner fv~ the Council room floor. . Mayor Miller called the Council's attention to an article \'ihich had appeared in the Palm Beach Post, indicating that a bill \~u1d be submitted to the Legislature, providing for a pUblic County bathing beach at a.cost of approximately $600,000.00, same to be paid for by a special tax levy over the entire County. The Mayor state!d this WDu1d be of no :1688 April 14, 1941 benefit to De1ray and he considered objection should be made to such a project, although Mr. Byrd and others deemed such protest would haVlll little effect on the proposed bill. It was finally moved by Mr. Scott that the City Attorney enter a protest with our 1egis1at~s, in regard to same, on the grounds of being unjustly sUbject.to "taxation without benefit". Mr. Hill 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 Mayor, brought up the Ira tter of the F .E. C. Rallway"I1"uncomp1eted agreement of' last January, fer Atlantic Avenue crossing protection, and stated that since the Season was over and the pressing need for this protection was past, he was in favor of calling off this whole agreemtnt, with the railroad, and asking for other things which he deemed more necessary at this time, such as additional crOSsings and the elimination of so much switching at the Atlantic Avenue crossing. Mr. Scott recomml!nded that we first cO!lllllunicate wi th the Company, aSking what probability there is of the City getting the crossing protection promised last Winter. No further action was taken in the IlBtter. Miss Galvin also suggested that we obtain from the F.E.C. Railway, permission to use for parking space the railroad right-of-way lying just north of At~antic AVlI!nue and East of the "'racks, and that the City then pave N.E. Third Avenue for its full width am rock said railroad right-of-way north to the alley, Which she said would provide a much needed parking area. It was accordingly moved that the City Engineer investig~te as to the amount of right-of-way owned by the city a nd railroad; and the probable cost of rocking same as suggested. Further adjustment was requested on the following delinquent taxes and improvenent liens, by Mrlil. Alice Heyer, recent purchaser of this property. 100' in Block 71 amounting to $509.11 which could be paid, on the adjusted basis now effective, for $109.30. It was Bxp1ained that this property would probably be used for the erection of a Church and parsonage, in which case it would thereaftw be II!xempt from taxation. The members thought the settlement of $lID9.30 a re!asonab1e one, and it was therefore moved by N~. Sabath that said settlement figure remain as stated. Mr. Hill secondll!d the moti on, and on roll ca 11 the vo te was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The! motion carried. ' 168~ , April 14, 1941 . The City Attorney asked the Oounci1 for instructions on the drafting of proposed charter changes, stating that it would be advisable to start the required advertising as soon as possible. It was therefore agreed to meet in adjourned session,''vednesday evening, April 14th for the purpose of making the des :ired recommendat ions as to these changes. It was moved by ~u. Sabath, seconded by Mr. Jacobs, and on roll call unanimously carried that bills numbered 6714 to 6805, having been approved by the Finance Committee be returned to the Council and ordered paid. It was moved, seco~ed and carried that Council adjourn to meet in adjourned session, Wednesday evening March 16th. 0n~. G.d-w,f CITY CLERK APPROVED: ~~L-' ~ "" .,j:,~ ,,,,,