07-14-41
1749-
COUNCIL CHAMBER
JULY 14, 1941
THE COUNCIL MET AT 9:30 A.M., PURSUANT TO A OULY PUBLISHEO
NOTICE, ANO IN ACCOROANCE WITH THE ORDINANCES AND CHARTER OF THE CITY,
AS A BOARD OF EQUALIZATION, WITH THE FOLLOWING MEMBERS PRESENT: MR.
HILL, MR. JACOBS, MR. MILLER, MR. SABATH AND MR. SCOTT.
THE FOLLOWING PROPERTY OWNERS INSPECTED THE ASSESSMENT
ROLL, AND ENQUIRED AS TO VALUATIONS PLACED ON THEIR RESPECTIVE PROPERTIES.
FRANK CREGO, W.E. WILCOX, S.E. BURD, A. GEORGE, F.W. WODISCHEK,
A.F. NELSON, J.C. KEEN, J.M. BERG, R.S. WATTS AND DTHERS.
MR. CREGO CONTENDED HIS APARTMENT HOUSE WAS OVER-ASSESSED AS
COMPARED TO HIS SWINTON AVENUE RESIDENCE PROPERTY. ~
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MR. BURD COMPLAINED THAT HIS NEW HOUSE ON LOT 20 BLOCK 3 DELL
PARK WAS OVER-ASSESSED, AS COMPARED TO HIS HOME PROPERTY ACROSS THE~'TREET,
ALSO HE CONSIDERED HIS BUSINESS BUILDING JUST EAST OF THE FLORIDA STATE
BANK TOO HIGH, ALSO THE COTTAGE LOCATED IN BLOCK ~OO JUST SOUTH OF THE DELRAY
THEATRE.
MR. GEORGE THOUGHT HIS MERCANTILE BUILDING IN BLOCK 93 WAS OVER;"
ASSESSED AS COMPARED TO THE LOVE BUILDING ON THE OPPOSITE SIDE OF THE STREET,
CONTENDING THAT THE RENTAL VALUE ON THE LOVE BUILDING' SHOULD BE PRACTICALLY
THE S~ME AS HIS STORE BUILDING. HE ALSO CONSIDERED HIS PROPERTY IN BLOCK
~~~ TO BE TOO HIGH COMPARED TO THE ARCADE BUILDING, AND THAT HIS LOT A~
BUILDING IN BLOCK L07 WAS ASSESSED TOO HIGH; ALSO LOT 30 BLOCK 13, oscfbLA
PARK.
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R.S. WATTS SAID HIS PROPERTY IN HIGLEY SUBDIVISION OF OCEAN BEACH
LOT 4, WAS TOO HIGH, COMPARED TO HIS NEIGHBOR MR. FINLEY, STATING THAT BO'H
HOUSES WERE OF PRACTICALLY THE SAME VALUE.
MR. H~LLIS ASKED THAT HIS REAL ESTATE, LOTS 10 AND II, BLOCK 40
BE REDUCED.
MR. BERG ALSO ASKED A REDUCTION IN THE LAND VALUE OF HIS LOTS
IN BLOCK 97, STATING THAT HE COULD NOT GET A BU'ER FOR THESE AT $5QO.00
THE BOARD AGREED TO LOOK INTO ALL THESE COMPEAINTS AND ADVISE
THESE PROPERTY OWNERS AS TO IT'S DECISIONS ON SAME.
ALL COMPLAINTS FOR THE DAY HAVING BEEN HEARD, IT WAS REGULARLY
MOVED, SECONDED AND CARRIED THAT COUNCIL ADJOURN TO MEET AGAIN THE FOLLOWING
DAY AT 9:30 A.M.
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CITY CLERK . ~
APPROVED:
MAYOR.
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1.750
Council Chamber
July 14, 1941
The Council met in regular seasion at 7:30 P. Lb. with the City
Attorney and the following councilmen ]resent: Mr. Hill, Mr. Jacobs, Mr.
Sabath am '"'r. Scott. Mr. Miller was absent.
The minutes of the regular council lIB eting of Jure 23rd were approved as
read.
A letter from Mary Rose Gardner, President of the Animal Rescue League,
was read thanking the Council for its promised donatLon, October Ist,.'of
$25.00. The comnunication was ordered filed.
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A Je tter fran Henry F. Lilienthal, (b unty Attorney, was read, in which he
called the Council's attention to Chapter 20218, 1941 Acts of Florida, also
known as Senate Bill #25, whereby the state is required to maintain am re-
pair such City streets am roads as may constitube routell at connection be-
tween, or extensions of 'lhe State Read am Highway system. Mr. Lilienthal
recolllllended that each City by resolution, designate the streets within its
boundaries which' tb so constitute connecting links of the state Hi€tlwaySystem
and forward copies of such resolutions to the State Road Department at Talla-
lul.ssee. The Council reconmeIlded th!t. this be dom without delay.
A letter was received from the Southern Advertising Canpany, aclking for the
privilege of distributing guide books at the City's Traffic Li€tlt and offering
to pay $100.00 for such privilege. The Council was' opposed to permitting such
distribution and voted to turn the offer down.
The following communication was recieved and ordered filed:
July' 7, 1941
City Council
City of Delray Beach
Delray Beach, Florida.
Gentlenen:
Weare transmitting herewith for your files and
information approved copy of NYA fom 200, Work proJlect
Application No. B-2-(A-4), #ork Project No. 751-516.
Yours truly,
W. Ellis Jones
Director of Finance and Statistice
National Youth Administration
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July 14, 1941
A Communication from Mrs. Minnie Kahn was read, in which she agreed
to accept the City's offer of $200.00 for the ten-acre tract 01 land
lying South cL the Cenetery. It was therefore moved by Mr. Hill that
the Clerk be authorized to pa;y Mrs. Kahn the sum of $200.00 in full
pa.ynent, for purchase of said ten acres for cemetery plll'pOses, at
such time as she is able to deliver good title to tie property. Mr.
Sabath seconded the motion, and on roll call the vote was as follows:
Mrs. Hill yes, Mr. Jacobs yes, Mr. Sabath yes, Mr. Scott:.yes. The
motion carr:le d.
It was IIDved by Mr. Jacobs that the City Clerk be authorized to
pay Thomas M. Book & Company the sum of $2,501.77, in final settle-
ment of their fee charged the Ci~, for refunding of its Series "A"
issue of bonds. Mr. Hill seconded the lIlOtion and on roll call the 'tote
was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Sabath yes, Mr,.
Scott yes. The motion carried.
Request was received from HCDrY Richardson for special permit to
erect a 12x24- foot building, for use as a shoe shop and living quar-
ters, on lots l,arld 2, Block 44, this being in a "c" residential zone
where business occupancy is not permitttui. It was poiilted out this
request 'M:luld have to go before the Zoning cammisUon and be ac~om-
panied tu a $5.00 fee. '!he Clerk was authorized to so notify appli-
cant.
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The Building Inspector also submitted application of Ralph C.
Thompson, general contractor, for special examination as a contractor,
the request stating tha tlthe regular examinatinn would not be until
September 15th. It was ~ved by Mr. Hill that the requirements of the
ordinance be complied with, and that Mr. Thompson be notified that it
will be mcessary for him to wait until such mxt regular el<...min...Uon "
date. M;r. Sabath seconded the motion and on roll call the note was as
follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Sabath. yes, Mr. Scott
yes. The motion carried.
The following letter from the Fire Ch~f was read:
\JULy 12, 1941
Honorable Mayor and City Council:
A few weeks ai!P you approved the purchase of 24 sets of
signs to be places front and rear of each fireman's autom8bile
Since that time after discussing the matter further with
the fi remen and a committee of firenen discussed it with Police
Chief Nelson, it was decided that a sign on the front wcnld not
give the necessary identification to the Police to enable them
to function at their best in the clearing of the ~y for the
firenen in their own autanobiles.
Also, I find that red lights with the word F~ in the
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July 14, 1941
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lenz hanebe.r:purchase4 for $3.30 each without a flasher, and
the firemen have agreed to purchase the flasher themselves if the
city lIDuld furnish the lights.
I therfore, recOlMlend the purchase of 20 of these lights
for the fIlont of each car am 12 sets of signs for the rear at
a total cost of $80.40.
Is/ L. W. Cook
Chief Fire Dept.
After discussion, it was moved by Mr. Sabath that the Fire Chief
'be authorize4 to purchase the lights requested. Mr. Hill seconded the
motion, am on roll call the vote was as follows: Mr. Hill yes, Mr. Jacob.
yes, Mr. Sabath yes, "T.Scott yes. The motion carried.
The following recomnendation of the MunicipaJo; Judge for suspension of
sentence against Edward J. Sterling was read:
July 10, 1941
To the Members of the City Council
Delray Beach, Florida.
Gentlemen:
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On Ollttober 28th, 1940 one Edward J. Sterling of lake Worth,
Florida, was fined in our Municip$ Court on the charges of
"Reckless Driving" and " Driving ,a vehicle while being under the
influence of intoxicatiQ~ liquor". He w~s fined $52.20 or 30 ~s
in jail and releases witFi' the understand~ng that he would pay $1OOC
per week on his fine until the fine was paid in full. Also:ln
accordance with our State law, the defendant's state driver's li-ceD
was revoked for a period of twelve (12) months from the date of
the trial. Mr. Sterling has mver paid anything on the fine
and claims that he cannot get wcrk which will enable him to take
care of his family and pay on the fine also, unless he cculd
drive a car. After considering the case from every side and
feeling that probably the defendant has profited by his unfor-
tunate experience, I wish to recommend that the City Co:mcU sus-
pend the sentence imposed on Mr.Sterling on October 28th, last.
Thanking you, I remain
Respectfully yours,
Is/W. E. Wilcox
Judge, Municipal Court.
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It was moved by Mr. Jacobs that the Judge's recommendation.approvel!.
and complied with. Mr. Sabath seconded the motion am on roll call, the
vote was as follows: Mr. Hill yes, Mr. Jacobs yes,Mr. Sabath yes, Mr.
Scott yes. The motion caITied.
It was moved by Mr. Hill that tbe city Clerk be authorized to
cancel~s on property within the Lake Wca'th Drainage District, whi'ch 1s
now outs:l,'d.e the city limits, in return for' the DrairlMe DistricT's can-
1753
July 14, 1941
cellation of Drainage Taxes on the Galt /tourse and any other city-owned
propei:y lying within the Drainage District. Mr. Sabath seconded the
motion and on roll call, ~e vote was as follows: Mr. Hill J>e s, Mr. Jaco'
yes, Mr. Sabath yes, Mr. Scott yes. The motion carried.
It was m:'lved by Mr. Jacobs that bill coveri'ng the City's $70.00 Annw
membership fee, in the Flhorida League of Municipalities, be approved for
payrent. Mr. Sabathseconded the motion and on roll call the vote was as
follows: Mr. Hill yes, Mr. Jacogs Yes, Mr. Sabath yes, Mr. Scott yes.
The motion carried.
It was roved by Mr. Jacobs that thsFire Chief be author:l:zed to attel
State Fire College at Daytona Beach, from July 21st to 25th, ~,nd that he
be allowed an expenditure coveFinghis' cwn am one man' s expe~, inian
amount not to exceed $50.00. Mr. Hill seconded the JWtiDn, and on roll
call the vote was as follows: Mr. Hill yes, Mr. Jaco\Js yes, Mr. Sabath
yes;,Mr. Scott yes. The motion carried.
The hour of 8:00 o'clock having arrived, call was made for objection:
to the proposed improvenent of N.W. Third" Avenue and N. W. First Street;
also to ths improvellBnt of N. W. Fourth Avenue. No objections were made
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to either of these street improvenent pro3ects, as advertised in Resol~til
404 and 407, theDCore it was moved by Mr. Jacobs that the, City Englneet"ll!
authorized to proceed with this work, Mr. Sabtath seconded the mation,'a,l
on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yesl Mr. '
Sabath yes, Mr. Scott yes. The motion carried.
The City ClBrk reported that s:>me proj:erty owners were opposed to the
improvement of N. E. Seventh Avenue an:! the charging of same to the
abutting property. This ]roposed improvenent was then discussed, and SOIlU
of the councilmen suggested that it lIBrely be patched temporarily for thil
season. Finally Mr. Hill moved that N. E. Seventh A.Ve1ll1e be cold-patche~
and given temporary repairs that will suffice until next sumner. Mr. Jape
seconded the motion, and on .roll call the vote was as follows: MrHill
yes, Mr. Jacobs yes, Mr. 5.abath yes, Mr. Scott yes. The motion carried.
It was further moved by Mr. Hill that ths City Engineer br authorized
to make a survey of S. E. First Street and make report am recommendation
back to the Council as to t,hs best w~ of draining and rebuilding street
to a grade that will satisfactorily eliminate standing wate'i{"o1 the Roy
Harvet. house. Mr. Jacobs seconded the motion and on roll call the vote
was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Sabath yes, Mr. Scott
yes. 'lhe motion carried.
The following proposal on the digging of rock was received from
Elton Harvel:
July 14, 194+
The Honorable Mayor and City Council
Delray Beach,
Florida
1.754
July 14, 19~
Gentlemen:
In view of the fact that Iny equipment is on the job,
I am willing to dig 1,000 to 1,500 yards of rock for the
City, at the agreed price of 50~ per cubic y?-rd and, if nec-
essary, I can make arrangements wi. th the Fa.orida State Bank
so that payment can be deferred until November first, or such
time as tax momy is available.
Respectfully,
/s/ Elton Harvel
Upon being questiore d, the City Engmeer stated t hat the City would
need about 1200 additional yards of rock for the new street work just
autJQrizeci. After discussion, it was moved by Councilme.n Sabath that lOr.
Harvel be authorized to dig 1500 additional yards of rock, under the terms
and agreere nt, spe cified in hi s letter. Mr. I:!.ill seconded till motion and
on roll call the vote was as follows: Mr. H II ;yes, Mr. Jacobs yes, Mr.
Sabath yes, Mr. Scott yes. The Motion caITi~d.
Mr. Fletcher of the Fletcher Lumber Company, Lalte Worth, appeaEed at
the reeting in behalf of H. D. Gay of this Citur, stating that the City
Buildipg Inspecto r had refused to permit a certain grade. of sub-flooring
and sheeting to be uS!id in a building being erected by Mr. Gay. Mr.
Fletcher claimed the lumber had been purchased from him and although of
a cheap grade, it nevertheless was ciurable and sufficiently substantial fOI
the purpose it was beirlg put to, and since it would all be hidden liOrk the
lumber ,yrould not detract from the appearance of the building. He re1[Uestel
the Council's special consideration and permission to use the lumber in qUI
tion. Mr. Sinks stated that the lumber did rot. come up to the specificati<
of the code and he could not recOlllllend it. Councilman Hill said he did no1
coo sider himself enough or an authority on lumber, to make a decision in
this matter. '!he ~or also stated that the Building Inspector had been
hired for that purpose am he believed such things should be left up to hi!
No action was thel:l:ibre taken in the matter.
llr. Ogren appeared in regard to proposed Water Meter OrdiIlllnCe
No 406, and suggested that it be amended so as to permit more tixtums
on a 3/4 inch meter, contending that cOl1s1Jllers were oR>osed to plqing
a lIIi€tl1ninimum charge during the SUlllller IIDnths whEn littlB water was
consumed. Mr. Cromer stated that meter manufacturers did not guarantee
satisfactory meter service where IIDre than the specified fi:zt-e were
parmitted. In till discussion that ensIBd it. was suggested that the
minimum charge for a 1- connection be the S&IlIl as on till 3/4 inch,
under the new new requtrenents. It was decided to deter passage of
ordiIlllnce 406 on it. s second reading, until mxt. meetmg, in order to
give till matter some furthill' consideratum.
1Ir. John Adams appeared before the members once more requesting that
the City furnish him water in Bloc k 4. Thi s was discussed fill' ther, and
Howard Cromer stated the City had sane used 2-inch pipe on hand which
could be used for this purposq. It was finally moved by Mr. Jacobs
that water be supplied Mr. Adams, as requested. Mr. Sabath seconded the
1755
July 14, 1941
motion, and on roll call the vote was as folloWSt Mr. Hill yes,
Mr. Jacobs yes, lir. Sabath "'S, Mr. Scott yes. The motion carried.
The Mayor brought up the matter of requiring all domestic
servants to secure health certificates and to be fingerprinted for
identification purposes. A long discussion tollowed, in which lIr.
Jacobs, stated he was opposed to fingerprinting if such tilller print
records were to be placed in the criminsl fi.1B s at Washington. The
Chief ot Police explained that the se filller print records lIOuld be
placed in the ItApplicant" file, and therefore conferred no stigma
upon the fin.gerprinted party. After a lengthy discuss ion by- the
Council and aucililnce, it was finally DlOved by Mr. Hil.:l that an
ordinance be drawn by- the CiV Attorney, requiring all dolllBstiC help
to be fingerprinted IIld to procure a doctor's health certificate to
be renewed every sLx months. Mr. Sabath 8lIconded the'motion and on
roll call to, vote was as followst Mr. Hill yes, Mr. Jacobs yes,
lir. Sabath yes, Mr. Scott yes. 1l!he motion carried.
The matter of children riding bicycles was also brougllt up by
the Mayor, am he said one thing that should be diIlcussed was the
riding of bicycles on sidewalks. The practice ot riding without
lights was also condemned. 'l'be Chiet of Police stated that the
Ci1jy ordinance ruled against all these things but that it had been
difficult to deal with offenders, sinee it was considered undesir--
able to bring children into city court, and that no other IIIlthod
had been provided. He suggested that an ordinance be drawn providilll
foJo a Children's Bicycle Court, 1Il.th suitable penalties for violations
of the ordinance. Mr. Nowlin agreed to draw such an ordinance.
The Mayor reported that all members of the police force had
taken their vacations and therefore he believed J .W. Jones' services
as special policeman could be dispensed 1Il.th until the tall. CouncilDan
sabath sajd he tho~t Mr. Jones had proven a good man and since
suitable IIIln were becoming scarce, he believed it wculd be good policy
to keep him on througll the SUIIIIler so the City would be II1re at him
when needed, and therefore DlOved that Mr. Jones be continUlJd on the
force. Mr. Hill selllOnded the motion, and on roll call the vote was
as follows: 1Ir. Hill yes, Mr. Jacobs yes, Mr. sabath yes, Mr.
Scott yes. The motion carried.
The Mayer reported need of additional shelter for city trucks and
equipmEllt, and recommended the roofing lltl of' th4 walled area at the
entrance ~he garages. 'lhe cost and type of construction, and
cover1qs to 1M provided, was discussed, and the City Building Inspector
was requested to look into it am make a sketch and estiate ot costs,
same to be submitted to the Council at its tIlxt meeting, which he
said could to,n be cut down to a figure acceptable to the Council.
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July 14, 1941
The Chalnaan of the Sanitary Committee reported that the septic
tank at the park was stm giving trouble because of the exceptional.
am:>unt of sand being deposited thll1'6m from the sewer liDls, and that
it was necessary to keep !B uling w t thI. s sand continuall;r. In thI. s
connection, it _s reconmended by Mr. Sinks that a man be employed to
work on the trunk sewer line, follc:wing it up systematically, to
ascertain just where the sand is actually comeJff'rom, so that the trouble
may be corrected at its swrce. (
The Clerk reported that complaint had been made by Share Acres
p:'Operty OIfIl8rs beca\l8e no pr6visjo n had yet been made for access to
the West Zone "A" portion of these lots, as recomnended by the Zoning
Comnission in its report and rec~ndation to the Council. It was
therefore requested that the City Attorney draw deeds covering the
West 25 feet of Lots 1 to 13 Block "E" Palm Beach Shore Acres for
execution of these property owners, in order 1hat a 2~root right-
of-way may be secured to the rear of said property.
'lhe Clerk reported having had complaints in regard to persons
taking top soil and muck off tax delinquel!u acreage within the City,
and requested advice from the Cwncil as to whether this should be
permitted or not. The Police DepartllBnt was directed to stop this
practice, the members stating that m one should be permitted to
do this, or to dig and leave unfilled hole s within the. city liDi ts.
It was moved by Mr. Hill that bills numbered 7096 thrOllgh 7198,
having been alProved by the Finance Committee, be returned to the
Council and ordered paid.
It was III gularly IIDved, secomed and carried that Council adjcum.
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CITY CLERK ~7
APPROVED :
MAYO~'ozt-;