11-10-41 Regular
~838
*
COUNCIL CHAMBER
NOVEMBER ~O, 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 OCTOBER 27TH AND THE SPECIAL MEETING OF
NOVEMBER 3RD WERE APPROVED AS RE'D.
.
UNDER COMMUNICATIONS, THE FOLLOWING LETTER WAS READ FROM
JOHN B. REID.
OCEAN BOULEVARD
DEL RAY BEACH, FLORIDA
.
NOVEMBER 7, 1941
CITY CounCIL
DEL RAY BEACH
FLORIDA
GENTLEMEN:
,
As YOU KNOW WE ARE NOW CONSTRUCTING A HOTEL ON THE
SUNDY PROPERTY ON OCEAN BOULEVARD. RIGHT IN THE MIDDLE
OF OUR WALK-WAY IS A FIRE PLUG ON THE PROPERTY, AND WE
WOULD LIKE FOR THIS TO BE MOVED TO EITHER CORNER OR AT
LEAST OUT OF THE WAY OF OUR ENTRANCE. ALSO THERE IS A
WHITE-WAY LIGHT ON THE PROPERTY THAT CAN NOW BE REMOVED
AS WE WILL HAVE AN ELECTRIC SIGN ON THE PROPERTY WITH
SUFFICIENT LIGHT TO TAKE CARE OF THIS PHASE FOR US
WE WILL THANK YOU TO TAKE THE NECESSARY STEPS TO
EXPEOITE YOU AnD OBLIGE.
YOURS VERY TRULY,
JOHN B. REID
THE MAYOR AGREED TO TAKE UP WITH THE FIRE CHIEF THE MATTER
OF MOVING THE FIRE-PLUG, AND BY MOTION OF COUNCIL~'N SABATH, SECONDED
BY MR. JACOBS, AND UNANIMOUSLY CARRIED, THE RE~UEST FOR THE MOVING
OF THE WHITE-WAY LIGHT WAS REFERRED TO THE LIGHT COMMITTEE FOR ACTION.
AT THIS POINT IT WAS REPORTED BY HOWARD CROMER THAT THE CITY HAD
NOTIFIED MR. REID, IN WRITING, OF THE NECESSITY OF HIS INSTALLING A
GUTTER ALONG THE NORTH SIDE OF HIS NEW BUILDING, NEXT TO THE CASINO,
TO PREVENT THE WATER FROM FLOWING OFF HIS BUILDINGI~NTO THE CITY'S
~839
.
SWIMMING POOL AND SINCE THIS RE~UEsT HAD NOT YET BEEN COMPLIED WITH,
MR. CROMER RECOMMENDED THAT THE GRANTING OF UR. REID'S RE~UESTs BE
CONTINGENT UPON HIS COMPLYING WITH THE CITY'S PLEA FOR THE GUTTER
REFERRED TO .
THE FOLLOWING COMMUNICATION, WITH REFERENCE TO 1941 TAX
ASSESSMENT WAS ALSO READ.
OCTOBER 27TH, 1941
MAYOR & COUNCIL OF DEL RAY BEACH
DEL RAY BEACH, FLORIDA
GENTLEMEN:
"
1 AM TODAY IN RECEIPT OF 1941 TAX NOTICE ON LOTS
10 AND THROUGH 21 BLOCK 49. THIS PROPERTY IS ASSESSED
AT $1624.00 THIS IS FAR ABOVE WHAT 1 AM OFFERING IT
FOR SALE AND TOO, NONE OF THE REALEsTATE AGENTS HAVE
VALUED IT MORE THAN $800.00 WHEN I HAVE OFFERED IT
FOR SALE. 1 TRIED TO TRADE THIS PROPERTY TO THE CITY
FOR TAX CERTIFICATES ON OTHER PROPERTIES AnD ONE OF
THE COUNCILMEN TOLD ME AT THAT TIME THAT THE PROPERTY
WAS NOT WORTH MORE THAN $600.00. THIS PROPERTY CAN
NOT OE CLASSED OTHER THAN ACREAGE AS IT HAS NEITHER
STREETS, WATER OR OTHER CITY CONVENIENCES AND TOO,
WHEN I ATTEMPTEO TO GET A STREET TO THIS PROPERTY
FOR DEVELOPMENT PURPOSE I WAS UNAOLE TO DO SO. 1
WILL BE GLAD TO TRADE THIS PROPERTY TO YOU FOR OLD _
CITY CERTIFICATES AND IN DOING SO, WILL LET YOU ~AVE
IT AT A PRICE FAR GELOW WHAT YOU HAVt ASSESSED IT,e
FOR 1941. MOST OF THE REAL ESTATE MEN CONSIDER THIS
PROPERTY ALMOST WORTHLESS DUE TO I T BE I NG CLOSE TO
COLORED PEBPLE.
TRUSTING YOU WILL GIVE THIS MATTER PROPER CON~
SIOERATION . I AM
VERY TRULY YOURS,
W. C. WILLIAMS JR.
THE MEMBERS DISCUSSED THE ASSESSMENT, WHICH SOME THOUGHT
TOO HIGH, BUT STILL IN LINE WITH ASSESSMENTS ON SIMILAR VACANT LOTS,
ALL OF WHICH '-lIGHT 8E CONSIDERED HIGH, THEY SAID. THE ACTUAL TAX
ON DR. WILLIAMS' TWELVE LOTS WAS $35.73 BEING LESS THAN LAST YEAR,
AND SINCE THERE WERE TWO YEARS DELIN~UENT TAXES ON THE PROPERTY,
IT WAS THOUGHT THAT SOME ADJUSTMENT COULD PROBABLY BE EFFECTED WHEN
A sETTLEME'H OF TAXES, IN FULL, IS FINALLY MADE. THE CLERK WAS IN-
sTRUCifEO TO'!,WRITE DR. WILLIAMS INFORMING HIM THAT THE BOARO HAS COM-
PLETED ITS VlORK OF E~UAl!IZAT I ON AND THAT THE 1941 ROLL HAD BEEN
~840
SUBMITTED ANO FINALLY APPROVED AND ACCEPTEO BY THE COUNCIL BUT m~AT
UNDER THE NEW TAX APPRAISAL CONTEMPLATED FOR 1942 THIS PROPERTY WOULD
RECEIVE SPECIAL CONSIDERATION AND THE VALUATION REDUCED TO WHAT THE
ASSESSOR CONSIDERS THE ACTUAL MARKET VALUE TO BE.
A LETTER FROM MAYOR CHANCEY INVITING CITY OF'ICIALS TO
TAMPA ,OR THE 1941 CONVENTION OF THE FLORIDA LEAGUE 0, MUNICIFALlTIEs
WAS READ AND ORDERED FILED.
THE CLERK, UPON THE RE~UEsT OF GEORGE M. SMITH, RESUBMITTED
HIS APPLICATION FOR PACKAGE STORE LICENSE, TOGETHER WITH THE FOLLOWING
LETTER FROM THE 30ARD OF COUNTY COMMlsSICNERs:
MAYOR AND CITY COUNCIL
CITY ijF DELREA BEhCH
DELRAY BEACH, FLORIDA
GENTLEMEN:
MRS. SMITH APPEARED BEFORE THE COUNTY BOARD REQUESTING
THAT WE APPROVE A LIQUOR LICENSE FOR GEORGE M. SMITH.
1 ADVISED MRS. SMITH THAT IN THE EVENT THE CITY O,FICIALs
0, DELRAY BEACH, FLORIDA, APPROVE A L1~UOR LICENSE FOR GEORGE
~~ SMITH THAT I AS COUNTY COMMISSIONER WOULD LIKEWISE APPROVE
SUCH A LICENSE.
.IT HAS ALWAYS BEEN My POLICY TO COOPERATE WITH THE CITY
OFFICIALS IN ALL MATTERS IN REFERENCE TO LIQUOR LICENSES.
I WILL NOT APPROVE ANY LIQUOR LICENSE FOR A BUSINESS TO BE
CONDUCTED IN THE CITY IN THE EVENT THE CITY OFFIC~ALs ARE
OPPOSED TO WRITING SUCH A LICENSE.
VERY TRULY YOURS
"C. Y. BYRD"
COUNTY COMMlsSICNER
DISTRICT tJO. 4
PALM BEACH COUNTY, FLA.
MRS. SMITH ALSO APPEAREO AT THE MEETING REQUESTING THAT THE
COUNCIL ,URTHER CONSIDER THE APPLICATION. SHE STATED THE REFUSAL
OF SAME CAST DOUBT ON THEIR REPUTATION AND SHE FELT IT CONSTITUTED
A PERSONAL AFFRONT TO HER AND HER HUSBAND THEREFORE SHE WOULD LIKE
TO BE TOLD WHAT THE OBJECTION WAS. MR. ~~~I~H STATED THAT, WITH HIM,
IT WAS NOT A ~UESTION OF ANYTHING PERSONAL BUT, AS PREVIOUSLY STATED,
HE WAS UF THE OPINION THAT DELRAY HAD ENOUGH LIQUOR VENDING STORES
AND HE WAS NOT IN FAVOR OF GRANTING ANY ADDITIONAL LICENSES. MR.
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MR. JACOBS THOUGHT ANYTHING IN THE MINUTES, REFLECTING ON THE
REPUTATION.OF THE APPLICANT SHOULD BE EXPUNGED. IT WAS POINTED
OUT BY MR. MILLER, HOWEVER, THAT THE MINUTES OF THE COUNCIL
MEETINGS, MADE NO REFERENCE TO THE REPUTATION OF MR. SMITH, NOR
GAVE ANY REASON FOR THE REFUSAL OF SAID APPLICANT, THEREFORE NO
SUCH ACTION WAS NECESSARY; THE COUNCIL DECLINED TO RE-CONSIDER
THE MATTER, AND THE MAYOR THEREFORE PROCEEDED WITH OTHER MATTERS
OF BUSINESS.
THE ANNUAL REPORT OF THE DEL RAY BEACH RECREATION CLUB,
FOR ITS FISCAL YEAR ENDING OCTOBER 31ST, COVERING FINANCES AND
ACTIVITIES OF THE ORGANIZATION WAS READ AND ORDERED FILED.
MR. C. Y. BYRD, ATTORNEY, AND MR. HIGGINS OF THE AMERICAN
TELEPHONE AND TELEGRAPH COMPANY WERE AT THE MEETING, AND OFFERED
TO ANSWER ANY ~UEsTIONS THE COUNCIL MIGHT WANT TO ASK IN REGARD TO
THE PROPOSED TELEPHONE COMPANY'S FRANCHISE TO BE VOTED UPON ON
NOVEMBER 18TH. MR. BYRD STATED THAT HE AND THE CITY ATTORNEY HAD
PREPARED A BALLOT ON SAME WHICH CQMPLltD WITH CHARTER AND ORDINANCE
RE~UIREMENTS. BOTH THE COUNCIL MEMBERS AND MR. HIGGINS EXPRESSED
THEMSELVES AS UNDERSTANDING AND BEING FULLY SATISFIED WITH THE
PROVISIONS OF THE FRANCHISE.
'.
THE CITY ENGINEER SUBMITTED SPECIFICATIONS FOR THE PAVING
OF THOMAS STREET, WHICH SPECIFICATIONS HAO BEEN AMENDED SOMEWHAT
FROM THOSE SUBMITTED WITH RESOLUTION 412, THEREFORE MR. CROMER ASKED
THE COUNCIL'S APPROVAL OF SAME. MR. JACOBS ~UEsTIONED THE LEGALITY
OF AMENDING SA~E WITHOUT DUE PROCEDURE AND AOVERTlslNG, BUT THE CITY
ENGINEER STATEO THAT THE CHANCES MADE WOULD TEND TO DECREASE THE
COST OF THE ROAD, THEREFORE THERE COULO BE NO REASON FOR OB~ECTION
THERETO. IT WAS ACCORDINGLY MOVED BY MR. MILLER THAT THE A.BN~BQ
SPECIFICATIONS BE APPROVED. MR. SABATH 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.
IT WAS FURTHER MOVED BY MR. MILLER THAT THE CITY ENGINEER
BE AUTHORIIiIED TO ASK FOR BIDS IN ACCORD WITH "NOTICE TO CONTRASTORS"
SUBMITTED ALSO FOR THE COUNCIL'S APPROVAL, SAID BIDS TO BE SUBJECT
TO THE COUNCIL'S ACCEPTANCE OR REFUSAL, AT A SPECIAL MEETING OF THE
COUNCIL SCHEDULED FOR MONDAY NIGHT, NOVEMBER ~7TH. MR. SABATH
SECONDED TIlE MOTION AIW ON ROLL CALL THE V.Q.TE WAS AS FOLLOWS: MR.
HILL YES, MR. JACOBS YES, MR. MILLER YES, MR. SABATH YES, MR. SCOTT
YES. TeE MOTION CARRIED. MR. JAcoas STAT~D THAT WHEN THE CITY
HAD WORK OF ANY KIND TO BE DONE, HE WOULD LIKE TO SEE EVERY MAN,
HOLDING A LICENSE FOR THAT PARTICULAR KIND OF WORK, GIVEN AN OPPOR-
TUNITY TO BID THEREON.
.
THE CLERK STATED IT WAS HER UNDERSTANDING THAT THE THOMAS
STREET IMPROVEMENT WAS TO BE A C~sH PROPOSITION AND EN~UIRED HOW
LON,G THE ABUTT I NG PROPERTY OWNERS WOULD BE ALLOWED FOR TIlE MAK I NG OF
SUCH CASH PAYMENTS. IT WAS ACCORDINGLY MOVED BY MR. MILLER THAT THE
CITY. CLERK BE INSTRUCTED TO NOTIFY MR. Fox AND MR. MCCABE THAT' CASH
PAYMENTS WOULD BE ACCEPTED UP UNTIL NOVEMBER 27TH, OTHERWISE THE
IMPROVEMENT WILL HAVE TO BE ADVERTISED IN THE REGULAR WAY RE~UIRED FOR 7
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~843
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A LETTER WAS READ FROM MRS. MARIE HILL OF 19 VISTA
DEL MAR DRIVE, COMPLAINING OF THE CONDITION OF MR. McNEIL'S LOT
JUST WEST OF HER ON THE CORNER OF ANDREWS AVENUE, WHICH SHE SAID
WAS OVERGROWN WITH WILD BRUSH AND OLD TREES. SHE ^LSO COMPLAINED
OF THE CONDITION OF THE PARKWAY ON VISTA DEL MAR DRIVE WHICH WAS
OVERGROWN WITH WEEDS, SHE SAiD. THE MAYOR AGREED TO INSTRUCT
MR. BAKER TO CLEAR OUT THE PUBLIC PARKWAY. WITH REFERENCE TO
HAVING THE PRIVATE PROPERTY CLEARED, IT WAS STATED THAT THE CITY
HELD DELIN~UENT IMPROVEMENT LIEN CERTIFICATE AGAinST SAID CORNER
SUBJECT TO FORECLOSURE FOR NON-PAYMENT. IT WAS THEREFORE RECOMMENDEB
THAT THE CITY ~TTORNEY INVESTIGATE THE AUIISA31LITY OF FORECLOSING
THIS LIEN THEREBY GIVI~G THE CITY TITLE AND JURlsOICTION OVER THE
PROPERTY COMPLAINED OF.
THE MATTER OF CANDIDATES' ~UALIFIC'TIONs THEN CAME UP
FOR THE COUNCIL'S CONSIDERATION, AND THE CLERK sUBMITTEO AFFI-
DAVITS) DEEDS, AND TAX RECEIPTS, FILED BY THE RESPECTIVE SEVEN
CANDIDATES.
.
UPON IT HEING MOVED THAT THE DEEDS BE REFERRED TO THE
CITY ATTORNEY FDA VERIFIC^TION, MR. NOWLIN STATED THAT sUGH DEEDS
WERECNOT NECESSARILY A PROOF OF OWNERSHIP SINCE IT WAS POSSIBLE
THAT LAT7ER DEEDS EXISTED; THAT THE STATUS AS TO THE REAL OWNER-
SHIP COULD ONLY BE DETERMINEO FROM AN EXAMINATion OF COURT HOUSE
RECORDS. THIS WAS DEEMEO UNNECESSARY SINCE THE ORD~NANCE REQUIRE-
MENTS HAD BEEN COMP~ED WITH AND THE CLERK STATED SHE BELIEVED
THE CANDIDATES WERE ~LL QUALIFIED UNDER SAME. IT WAS THEREFORE
MOVED BY MR. JACOBS THAT THE SUBMITTED ~UALIFICATIONs BE APPROVED
AND ACCEPTED AND THE NAMES OF THESE ~UALIFIED CANDIDATES BE PLACED
ON THE BALLOT IN ALPHABETICAL ORDER, IN ACCORD WITH SAMPLE sUB-
MITTEO BY THE CITY ATTORNEY. MR. SABATH sECONDEO 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.
IT WAS FURTHER MOVED BY MR. JACOBS, sECONOED BY MR.
HILL, AND UNANIMOUSLY CARRIEO THAT THE BALLOT FOR VOTING ON
THE PROPOSED AMERICAN TeLEPHONE AND TELEGRAPH COMPANY FRANCHISE,
AS DRAWN ay MR. BYRD AND ATTORNEY NOWLIN, ALSO BE APPROVED, AND
THE CLERK BE AUTHORIZED TO HAVE BALLOTS PRI~TED FOR BOTH THE
PRIMARY AND FRANCHISE ELECTIONS.
IT WAS MOVED BY MR. SABATH THAT BILLS NUMBERED 7614 TO
7712, HAVING BEEN APPROVED BY THE FINANCE COMMITTEE, BE RETURN EO
TO THE COUNCIL AND ORDERED PAID. MR. JACOBS 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.
DISCUSSION AROSE IN REGARO TO A BILL OF $50.00 FROM
ELTON HARUEL FOR THE MOVING OF HIS DRAG LINE TO THE CITY'S JOB
ON THOMAS STREET, SOME OF THE MEMBERS BEING OF THE OPINION THAT
SUCH CHA~GE SHOULD BE BORNE BY THE CONTRACTOR RATHER THAN THE
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:tE 4.4
.
CITY, OR AT LEAST SHOWN IN HIS BID SUBMITTED FOR THIS WORK. IT
WAS STATED THAT THE COUNCIL WAS UNI~FORMED AS TO WHAT OR HOW THE
BID HAD BEEN SUBMITTED. MR. MILLER CONTENDED THE PRICE THE CITY
WAS GETTI~G ON THIS WORK WAS AWAY BELOW PRICES OBTAINED ON SIMILAR
WORK IN PAST YEARS, AND THAT. THE CONTRACTOR COULD NOT AFFORD TO
BEAR THE COST OF MOVING HIS MACHINERY AT SUCH A PRICE. HE THERE-
FORE MOVED THAT THE BILL BE APPROVED. THERE WAS NO SECOND TO THE
MOTION.
ON MOTION OF MR. HILL, SECONDED BY MR. SABATH AND U!j-
ANIUOUsLY CARRIED, COUNCIL ABJOURNED.
APPROVED:
C}~.v6.'J c o-,.,lF
CITY CLERK
~/~~~
MAYOR