06-09-41 Regular
1'7'27
.
COON::IL_CHAIIBER
JIIl18 9, 1941
The CcullCil met in reg\l1.ar sessk>n at 7s~ P.I4. with
till City Attomey and aU _bers of tbl C01U1cil present.
1Ir. Jacobs requested that the minutes ot the specUl
meetJ.~ ot June 3rd, paragraph 2 ot psge 1724, be corrected
to read as tollows.
,.
-Councillllan Jacobs regretted that the other. bill
on proposed charter ehang1J8 had been eent to the
Legislature, without tinal appro\1ll.1 of the Council,
stati~ that he oojected strcmm to the prov.l.s1.ons
req!liriq; a candidate tor councilman to be an owner
or imp1l:lved real estate. lie said he corsidered a
man in blsl.ness in tOlll, EMID though not a land
owner could be a IIDre logical candidate tor ottice
than an Cllfner of a 8JJBll _nt ot ill\iK'Owd real
estate. - .
With this cOlTection, it was reaularq _d, seoonded aIlIl
carried that the ilinutes ot the regular meet1~ ot Mq 26th,
and the speoial meeting ot June 3rd (as corrected) stand
approved.
,(
A letter was read trCJII the George Bentcm Firth Distriot
Conterence, Ft. Law:lerdale, tban1dng the City tor cooperaUag,:i;C 0#
with the local Sh.erman Williams Post 19, Colered Vete~',
allOll'iq; this organ:l$ation to b:lld its cOOtereme in Delray Beach
on IlaT 11th. The c_unication was received and ordered tlled.
The to11ari~ bid, on used pips and fittings was
submi. tt.ed and read:
stuart, Florida
Box 603, June 7,1941.
1Ir. Howard Cromer
City Engineer
Delray Beach, FJ.a.
Dear Sir.
Confirming our conversation I beg to qmte ycu on Cast
Iron pipe and tittlqts as toUons
1728
Council ChaDbe:r
June 9,1941
10" Cast Iron Pipe $1.00 psr toot, have about 1000 to UOO
teet amount not guaranteed
10" elbOWS, tees, crosses
101 \1II.l_s
05 cents per P01U1d.
32. "
Above prices deliwred in Delrq, deliwryin abcut one month,
s1i>ject to aU delays beyond our control.
Yours very truly,
/s/ Arthur L. Noble
Question arose as to vendor's title to the pipe ottered tor
sale, it being dellllled advisable to tiret ascertain whether or nvt. there
were any tax or other liens against sane. The City A)tarney theretore
agreed to write and encpire as to ilhe reliability of the _ndor and as
to his ~ership ot the pips.
A letter iran Mr. Zook was read, in Which he oftered to ac3~t
a price tar bslCllf cost m the purchase of trees in Blocks 2,3 and. 4 of
Ms Nursery Property. He said he was obU8ld to dispose Q{'"t... in
order that t;Ms land. might. be claared tor re al. ests te dew1Opinent.
Since the OiV nee ded no trees at the present t1llll, the co..um.cation
was ordered filed tor future N terence.
The question ot street imprOVlllllllnt on N.W. Third Awnue and
N.W. First Street. was brought QIl. Kr. )(iller and others reported
having inspected thelMl tWl streets, and sajd they thought they shoul.d
be tixed, ewn though the City might. not collect, in tull, em the liens
assessed theretor. It was accordingLy moved 1:v Kr. lllller, seconded by
Mr. Hill, and on roll call, _ni..ously eerried, that the tollOll'1ng
resolution l:e adqlted.
RESOLtlT.tON 396
A IlESOLl1l'ION CFTHECITY CaJNCIL OF TIlE. CITY OF DEIBA.Y
BEACH,. FIORIDA, 0RDERIlTG. THE CI.TI ENGrNEl$R. TO PREPARE
PLANS...AND SPlmFlCA1! ONS. FOR S'rlBT :DII'ROVEIomI'I WOJlIt
ON N;W. THIBI>- AVJmUE (FRO)( ATLABl'IC A'VED TO N.W.
2nd. ST) AND FOR N.W. FIRST STRl!ET (FRCJI N.W. THIRD
AVENUE TO N.... FIF1H lVED) - Colored TOII'n
It was turther IIioved b,r Ilr. Killer, seconded by Mr. Hill, and
on rQ11 call unanimously carried that the tollowing Besolut1on .,
acbpted.
RESOLU1!ON 397
A RESOL11l'lDN OF THE CITYCOt>>I:IL OF '!HE CITY OF DEWY
BEACH,FUlUDA, ACCIiPTlNG PLANS AND SPECIFlClTIONS OF THE
CITY .lOO:~.. rOR. CERTAIN .ST1lBBT IlIPBmEIlENT W CRK TO BIi:
COH3TlllIl1EJ)ClfN.W. THlRD AVInroB (FRCIl ATLANTIC AVEN:UB '1'0
N.W. 21m. ST.) AND lORN.W. ms'l' S'fREll;T (FIQI R.W.THIRD
AlIRWLTON.E.FIFTH AVENUE) - Colored TOII'n
1729
Coua:il Chanber
June 9,191.1
It waB IIDwd by Mr. Miller that the toUOld.~ ResolfJt1on
al.so be adopted:
lJJSOtutll)N 398
A BESOLTUION "THE CI'l'r COUK:IL OF TIIS CI'fi OF DEIRAY
BEACH, CftDERIlf; 'lHZ CITY llNGm_ TO PREPARE PLANS AND
SPECIFICATIONS FOR STREET DlPIlOVElI!NT WORK ON N.W. 4TH
AVENUE (FD A'lLANTrC AVENUE TO N .W. SIOOClID S'l'Rlift) _
Colored T~.
lIr. Sabath seconded the IIDtion, and on roll call the wte was as
tollows: Mr. Hill yes, JIr. Ja.CIDbs 11lB, Kr. Miller ;yes, Mr. 8abath
yes, Mr. Scott yes. The 1I\0tion was declared carried.
The Chairman of tJ1e Street COIIIIIittee reported having had a
request tor the extension ot panng South ot P'curth Street, on S.W.
Third Avenue, tor t.b9 benetit cL residents in the S1U1cV Tenbrock
Iddition, said resl.dentB having stated they were willing to pq
their share tor 81lCh impro_nt. lIr. Killer said he had sugested
tbI. t these people p1'Ocure a petition sjgJl8d by the other property
owners ands1i>m1t S8IlIB tor action ot the CcuncU.
The tollaring estimate of costs tor repairs Jl8eded at the
Sw1mu.iqt Pocl, as requewted by the Council at a prenou8 meeting,
was aimitted by the Buil.lUng Inspector.
~''I'I1IA.TE re REPAIIlSTO $WTIIlTNG POOL
Removal. ot present walk &rO.lnd pool and sand till
1923 sq. teet 4" reWorced walk 22~
Can11r1J>g 700 lin.tt. cracks 50~
Paint1qt. pool (JJ sq. - no estiDBte
Surfacing 25 sqs. pool -.. (rubbing slIDothw:l.th
CAl'Portmlhn)
Cleaning and painting !rem work
1l0.00
423.00
350.00 .
300.00
. /1).00
$1,223.00
Reps;l..rs to Childs Pool included in aboYe estimate.
No estimate of repairs required tcr parch, second fioor,
West side can be subml.tted, until floor is rellDwd and extent
ot d8lDll&8 ascertained.
/s/ I.J. Silics,
Bldg. Insp.
~---,-,,"
Craclas will be opened 3/8- wide lift dsep and caul.JrH withO&ka
one inch, then caulked i" with lead or lad wODl tlush with
concrete surtace and at any t1llll any jal.nt can be re-caulkacl.
to water tiliP tile 88 .
I.J.S. ~
1730
Council Chamber
June 9,1941
Mr. Scott recolI\mended that this lIOrk be postpoJled until
after the 8WIlIIer vacatiem period as Mr. Sinks stated it lIOuld necess-
itate the closing of the pool tor about three weekllo Attar diecussion,
it was moved by Mr. Jliller that the work be authorized but that such
repairs be post;poned until the 15th or 3>th ot SeptBmb.. after scboDl
stsrts. It was tlbught part ot the e xpEDss could then be prov.l.ded
tor in the 1941 budget. Mr. Sabath seconded the motion, 1Ih1ch carried
unanimou~ on roU call.
The hour ot 8:00 o'clock having arrived bids tor the painting
of the lIunicipal Buildinge ware subaitted. It was JIlOV'ed by JIr. lIiller
that said bLds be rejectBd 1U1opEl11ed and new bids be asOd tcr,. because
in calling tor bids one particular kind or paint, bad ~n specit.l.e"
He said he did not believe sUCh d1scr1m1nat:lon should be practiced by
1:.18 City, since opiniems dUtered as to the merits ot the 'tlIrious brands
6t ~ on the markst. Both the City Engineer and. Mr. Sinks statBd.
<!It that Shenrin-Williams paint bad been designated because they considered
it the best tor the particular work to be d_, and sl.nce they, as
llIIIPloyseS ot the City, were IIDre or le. held responsible tor the jOb,
when canpleted, they did not ccnsider it an unreasonable specUication.
JIr. Craner, pointed out that an al.temate spec1f1oat.:lon bad been provided
in oase bidders did desire to use another kind of paint. Arter oonsider-
able discussicn between the Ccuncll and biddel'8, as to the relative
merits ot the paint recoDmended by the difi'erent contractors, Ilr.
Mlller's 1I\0tiem in regard to calling tor new bids Wall seconded. by Mr.
Hill, and in roll call the v,Qte was as tollars: JIr. lfiU yes, Jr.
Jacoba llot 'lIOting, Mr. Jliller ;yes, Mr. Sabath yes, Mr. Scott. yes. The
Ill\)t.1on carried. In the amended call tor bids (to be opBDlld Ilonday
1rlght June 16th) it was recanmended that bidders be required to .
specify the brand ot paint the,y intend to use. Mr. Hagen stated he and
Mr. Hagerman c8.lTied Wol'ioDlm's Compensation but he did not believe other
rain tars in town did, and he .felt this should be considered, as he
beliswd the CiV would. be held respcms1.ble in case of aocident, unle_
the contractor oarried this :Insurance. The City Attomey agreed to
check into the C3.:\~ respcmsibility under IlUCh conditions. It wall
turther moved by Mr. Sabath that bidders on this painting, or on aZVO
city waric, be required to stete. whether or not they carry COllp'_ation
insumnce, so tbat the city mq be relieved ot all liability in the
Datter. lIr. Hill seconded the motion and on roU call the 'lIOte was
as toll01lll: Ilr. Hill yes, Kr. Jacobs yes, Mr. Killer yes, 1Ir. Sabath
yes, lIr. Scott yes. The motion C&1T:led.
It was DlDved by Mr. Killer that I. J. Sinks be permitted to
start his vacation on Wednesdq, J1U1e 11th. Ilr. Hill seconied the
motion, which carried unAni.....1Sq on roll call. Mr. Sinks stated he
had arranged with the Fire Chief' to tsllB pemdt applications, and. he
wculd come in each ewn\.ng and issue the needed permits, and that he
would be in town and availablB it needed.
1731
.Ccuncil Chamber
J1U1e 9,1941
The Butld1ng Inspector submitt.ed a request tran lIr. Frank A.
llarchll1t, of the lIarchant So]ar Heater Company or West Palm Beach,
askiqt that. the CcuooU waive his $5.00 ccntractor's registration tee,
on the grounds ot war veteran's disability. It was explained that
there was a Jaw exempting war veterans tran occupational licenllll on
these grounds, blt that this law did not awly to any other tees.
It was theretore IIDved l;t;y Kr. mller that tl)!a applicant be advised
that he must pay his regl.stration tee lI1d quality according to ordin-
ance re qut rements, and it t cund worthy to do the woI1c he 1ll.11 then
be granted a tree license. Kr. Hill seconded the motion and on roll
call the wte as as tollows: Kr. HiU ,.a, Mr. Jacoba yes, Mr.
lliller ;yes, Mr. Sabath yes,lIr. SCOtt ;,ea. The motion carried.
The Clem .presented an awlication tor water cut.in on
Block 4, stating such cut-in wculd require about 450 teet ot 2 inch
main. The _Jaber s deellllld this too expensive a proposition tor one
CQ'jSUllBr am. it 1II&S there tore not recolllDem.ed.
The Clerk asked instnlctions regarding dockage tses during
the 8IlIlIDer, tor owners who are not Delmy reSidents, and was Wormed
that the exempticn trom Sw!i!Der ,tees appilBd Only to 'Delrq residents
and that the reau]ar dockage rates should be charged to cutsiders.
The Clerk reported a balame ot only $42..38 in the Libra17
Fund.
A carmum.cation was read tran the Flor:lda State !xhibit,
thanking Delrs;r tor its participation in Florl.da's exhibits at Atlantic
City this SUIlIDElr. The Clerk stated that Mr. Hart had particularlT
stressed the desirability ot obtaUling movie ~des of DeJrs;y and
recolllDEIl1ded that some 16 milimlltre call1llra pictures be procured tor
showing on thEll.r screen. It was therefore recanmended l;t;y Mr. Jlil.ler
that the City inwstigate the p08sibl.lity ot procuriqt such pictures
tor advertising purjDses at the exhib.it. lliss Galvin agreed to get in
tcuch with Mr. Weaver, a winter visitor, who she thought might haw
pictures suitable tor this purpose.
The Light. Colllllittee did not recolllDend the st:.reet light tor
S. E. First Awl1Uill and Third Street, as requested at a prev.IDus meet-
~, statiqt that it would serw on4r one resident and that there were
other street lights located close by and theretore they considered
it unnecessary.
By mct.ion regularly Dade, seconded and carried the tollaring
Ordinance was placed on its tlrst reading:
OlmlNANCE m
AN ORDINUI:E OF THE CITY COOll:IL OF THE cm OF DELRAY
BEACH, FIDRIDl, CRlATING A SPECIAL IDIIDOO ZONE IN
BLOCK "E" OF PAL)( BEACH SHalE ACRES, PROVIDlNG FOR THE
lIJILDING BE(JJlR1r.IIIr.I\1TS THEREIN AND ProVIDING CERTAIN OTHER
PROVISIONS IN HEFEIlEr<<:ETO CONSTmx:TIDN M:lllK TIEREIN.
:1732
Ccuncil Chamber
June 9, 1941
Atter discussion, it was !Dved by Ilr. HiU that the
Ordinance be passed on its tirst reading. Mr. Sabath seconded the IIIOtion,
and on roll call 1he W>te was as tollarss Yr. Hill yes, llr. Jacobs yes,
llr. nller yes, Mr. Sabath yes, llr. Scott yes. '!he IIDtion carried.
HClll'ard Cromer reported that, with all the illlprowment llOrk
pJamed by the City this SUlllDer, there was need tor SOIIIll n_ eqtUpment;
that he had tal.ked it over with llr. Baker, and they recOlllJl8nded the
purchase ot a new dump truck, which was sorely needed. It was accordingly
IIIOved by Mr. Killer that the City Engineer be authorized to draw up
spscitications on the type ot truck required, to be Slbm1tted to the
members at an adjourned meeting to be held Ilondly night June the 16th.
Mr. Hill seconded the IIIOtion, and on roll call the vote was as tollo1f8::
llr. Hill yes, Mr. Jacobs yes, Yr. Killer yes, llr. Sabath yes, Mr. Scott
yes. The motion carried.
Th~ matter ot employing a toreman to superintend road and other
City impI'owment worlc was brought up by the City Eqt:inesr wb:l recOIIIIJ8ld-
ed the employment of Jack Carver, at a salary ot $20.00 per wek, tor
this lIOrlc.
llr. Cromer also reported, that in 8'tting l1lad.y tor dratting
work, on water lines and ceDlltery surveys, it lJOIlld be necessary to
purChase, duriqt the next thirty days, a cons iderablll amount ot SIIIall
eqt1neering llUJPlies lIld equl.pment, which he est1Dated would cost
betwesn $40.00 and $50.00. He said he would apPl1lciate having the
Ccuncll's o.k. on the purchase of ll8IIIl, as it beccmes necessary, in
the ellployment of mys on the N.Y.A. Projects. It wastheretore DDved
by llr. HiU that the City Engineer be authorhed to purchase up to
$50.00 llOrth ot dratting and engineering equipment, as req1.8sted.
llr. Jacobs lllconded the IlDtion, which carried unanimcusly on roll
call.
. By IIDtion regularly made, seconded and. carried the toll_ins
Ordinance was placed em its fi rst 111 &din g:
. <RDINANCE 400
-
AN <IlDlNAIDE OF THE CITY COlllI:IL CJF TIE CITY OF
DEl&Y BElCH, FLOOIIl DEFINING THE OCCUPATION ar
GENmlALBUIIDnG CONmACTal, GENmAL CONTRACTOR
AND ~CBTRACTOR,DEFIIIING 'JHE 'l'ERII CCBTRACTOR
AND POOVImNG FOR A LICENSE FllE !lOR ALL CONTRACTORS
DOIRJ BUSINEI!l IN THE CITY OF IlELRAY BEACH, FIDRIDA.
It was IIDved by llr. Hill that the ordinance be passed on
its tirst reading. Yr. Sabath seconded the motion, which darried
lIl18n1mcu sly on roll call.
By motion regularl,y II&de, seconded and. carried the tollaring
ordinance was pJaced em ita tirst reading:
1733
Coua:ll C~er
June 9, 1941
C!lDlNANQE 40:1;
AN ORDINANCE. CJ1'THE. OlTLCOUNCIL CJ1' THE. CITY .OF DEIRAY
IBACH, F1.ORIIll, .:Jl:ST.ABUSHIHG A SET~BACK. BlQUlIBlIEN'l' ON
THAT PCRmNOFN.CR'l'H. S1IINTQl AVENUE LOEaTED BEmEEN
NORTH 4THSTRm.'l'AND THE roaTH CITYLDa'lS.
It was llD'Ved by Mr. )liller, seccmded by Jlr. Hill and on rall
call unanimoWlly carried that the ordinance be passed m its tirst
reading.
By IIDtlon regularly made, seconded and carried the tolllMl.~
ordinance was placed on its tirst rea ding I
C1lnIN~JCI!: 1..02
, \
AN ORDIN4l<<:E CJ1' THlLCITYC<XTID.IL. CJ1' THE CITY OF DEI.BAY
IBACH, FLDRIllI, RlIXHJLA'l'lNG THECCIlS'l'RUCTIDN, INSTAIU.TION
AND lM.Illl'Q&NC1. .OFAPPARATmAND ~UIPllU'l' IDUlm, CCIlTAIN-
TAININGAND/OR USmLI~lEDPlTlIOIBTJ( GAS, PROVnlIMl FOR
FE&S itl.HE PAIDFORINSTAILATION T1lI!REOF AND PROVIDJNG FOR
PEN~ l'ORTHE VIOLATION THEIl!OF.
It was IIDftd by Mr. Hill, seconded tv Mr. Ililler, and on roll
call, unanim.oualy carried that said ominance be passed em its tirst
reading.
I
I
I
By II\Otiem regularly lII!lde, seconded and. carr.le dthe tollCllf1ng
ordinance was placed on its tirst reading; in its amended tonn:
})ID]}Ul!<Z ~1
AN ORDlNAN<Z CJ1' THECI'1'ICOUNCIL OF .THECmOF MT~lY
HEACH,F~TTl&, RmULATIMl THE BtflINESS. OOOUPA'l'lbN AND/OR
~1I0F PInTOORAPHY IN, '!HE CITY OF DEWY IBACH,
FLCRIDlrDllFINIMl DIWl!RE!lT CLASSIFICA'l'IONS OF PII)'l'CGBAPHY,
ffiOVIPIm FOR A LICENSE. FEE Fm THE FRAC'flCE CJ1' PII)'1'(jGRAPHY,
AND pRovmm FOR PmALTIES FOR VIOLATION CJ1' THIS C!lDDWlCE.
It was mowd tv Jlr. Sabath, seconded by Mr. )liner and on roU
cal.l unanimousq c81Tiad that the ordinance be passed em its first
reading.
It 11811 reaular].;r IIDwd, seconded and carried that the tollaring
ordinance be pJaced on its t1rst reading, in its amended torm.
~DT~ aoa
AN. CIl.DINllfCE OF.. TlECITY..-OF_mWIU,BBlal.,_ FTQIUDA,
RmULA'fIlIl . THE -S!:ILINl;;ORl'AKING. ORD.IRS FCR. GOOM ,
WARES. AND. lORCHAliDlSJ. FORll'l1TIJBE..D.B1J.Yl5l1Y, AND FOR '1'IIB
DlUIDIA1'R SALE. OF GOODS, WARES AND JIDlClWlDlSE, OODR THAN
1111, AN !STABLtSIlED PLACI.OF BJSmSS IN THE CITY OF D~Y
BEACH, P'L(EI Dl.
1'734
Council Chamber
J1U1e 9, 19l.1
It was moved by JIr. )(iller that the ordinance be passed on
its tirst reading. Kr. Hill seconded the mtion, wbich m roll call,
carried \l11Ani"lOUsly.
r
The City Attorney reported having checked into the plat ot
Block 98, and stated that he believed there was an alley tbrqb the
blOCk, as sb:lm on plat Book 9, Page 33, Palm Beach Ccunty BBcords,
since it was not pOilBibJe to abandon a dedicated alley by simply
re-pJatt.ing the bleck, as had been lbne in this case.
The Chairman ot the Parks COIIIIIitt.ee reported. several meBbere
of the School Band had asklld it the City wcuJ,d repair and install.
lights in the l:and shell, and Mr. Sabath theretore mnd that the
City Engineer be inst~ted to prepare an est.1.mate on the re-wiring
and repair cC the l:and stand. Jrr. Iiill seconded the motiem, which
carried UIlIIIUDIously on roll call.
The Chairun ot the Sanl.tsry Colllllittee asked how lI\uch
longer the Council wished the clean-up work and clearing of public
all81's to be ccntinued, and it was moved by Jrr. Killer that Kr. Jacobs
be authorized to continue same tor the rest ot the month. Jl:r. Hill "
seconded 1he IIDtion, which carrjed unanimouslT on roll call.
At 1he request ot the Police ClII.et, theKqar was authorized
to have the jl.il 1IIJldDws screened,ter the SWllller.
It was IIDved by Mr. Hill that the Fire Chief be authorized
to order 25 sets ot nIPs, .. 1.15 per set, to be used on cars ot
_b8rs ot the vol1U1teer fire department, and 4 pairs of aJl))estos
gloves. Mr. Sabath seconded the motion, and 011 roll all the vote was
as tolloWBs Mr. Hill yes, Kr. Jacobs yes, Jl:r. Killer ,es, Mr. Sabath
yes, Mr. Scott ,es. The motion carried.
The City Attol'DST requested that the Council elect a p81'111&n-
em Kqar tor the term, stating that this wcnld be necessary tor the
signing ot the liB" bondJI to be iseued shortly. It was there tore
moved lJr Mr. Sabath that E. H. Scott be elected KlQl:)r to sel'Wll tor
the baJ.ance of the present term. Mr. Hill seconded the motion,
and on roU call the vote was as tolloll'8: Mr. HiU yes, Jl:r. Jacebs
yes, Kr. Killer yes, Kr. Sabath ,es, Kr. Scott no. The motion
carried.
It was then moved by Kr. Sabath that W. A. Jacobs be elected
Vice-llqor tor the balance ot the te JIB. Mr. Hill seconded the motion,
and on roll call the vote was as toUOII's: Mr. HiU yes, Ilr. Jacobs
not 'VOting, Kr. Killer yes, Mr. Sabath yes, Ilr. Scott yes. 1be
mot.ion carried.
1735
Council Chaai:ler
J_ 9,1941
. It was reaularly IIIOved, seconded and carried that Ccuncil
adjcurn to meet again 1n regular adjourned esesion, at 7:30 KCIIlday
rUght, June 16th.
~/I.P~U] .t~
City Clerk
APPlDVEDz
~~
\
)layer
r
,