11-17-41 Special
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COUNC I L CHIIMBER
NOVEMBER L7, 1941
THE COUNCIL MET IN SPECIAL SESSION AT 7:30 P.M. WITH THE
CITY ATTORNEY AND THE FOLLOWING MEMBERS PRESENT: MR. HILL, MR. JACOBS
MR. MILLER, MR. SABATH, AND MR. SCOTT.
THE CLERK PRESENTED AND READ THE FOLLOWING PETITION TO THE
COUNCIL:
THE HONORABLE MAYOR AND CITY COUNCIL
DELRAY BEACH, FLORIDA
GENTLEMEN:
,
THE UNbERSIGNEO HEREBY PETITIONS THAT GLEASON
AVENUE BE EXTENDED BY THE CITY FROM NASSAU STREET TO
A DISTANCE OF TWO HUNDRED AND SIXTY FEET IN A NORTHERLY
DIRECTION.
THE UNDERSIGNED BELIEVES THAT THIS SATISFIED PETITION
WOULD BE TO THE MUTUAL ADVANTAGE OF THE CITY AND HIMSELF IN
THE DEVELOPMENT AND IMPROVEMENT OF THE PROPERTY WHICH THE
UNDERSIGNED IS MAKING OF BEACH LOT 26.
RESPECTFULLY SUBMITTED
JOHN A. THAYER
IT-WAS MOVED BY MR. SABATH THAT THIS PETITION BE REFERRED TO THE STREET
COMMITTEE FOR REPORT AT NEXT MEETING. MR. JACOBS SEODNDED 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 LETTER WAS READ FROM THE DEL RAY BEACH GARDEN CLUB, SIGNED BY
FRANCES W. KAUFFMAN, IN WHICH IT WAS ANNOUNCED THAT THE CLUB WAS SPONSORING
A CLEAN-UP-WEEK, DEC. 6TH THROUGH DECEMBER 13TH, AND ASKING THE COOPERATION
OF THE COUNCIL IN THIS CLEANUP CAMPAIGN. IN RESPONSE TO SAID REQUEST, IT
WAS MOVED BY MR. MILLER THAT THE MAYOR BE EMPOWERED TO AUTHORIZE THE USE
OF CITY EMPLOYEES AND EQUIPMENT IN AN EFFORT TO MAKE A TH5~ijO~H CLEAN-UP
OF CITY PROPERTIES AND STREETS WITHIN THE BUILT-UP SEBTIONS OF TOWN, AND
IF NECESSARY TO HIRE AN EXTRA TRUCK AND AN EXTRA CREW OF MEN DURING THIS
PERIOD TO CARRY OFF ALL UNDERGROWTH AND BRUSH THAT MAY BE CUT AND PILED
ALONG THE STRtETS; AND HE FURTHER MOVED THAT THE MAYOR ISSUE A PROCLAMATION
DECLARING THIS CLEAN-UP WEEK SPONSORED BY THE GARDEN CLUB. MR. HILL SECONDED
THE MOTION AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR.
JACOBS YES, MR. MI~LER YES, MR. SABATH YES, MR. SCOTT YES. THE MOTION
CARRIED.
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NOVEMBER 17TH ,1941
PLANS, SPECIFICATIONS AND ESTIMATED COSTS FOR THE PROPOSED
RECONSTRUCTION OF S. E. FIRST STREET, BETWEEN S, E. 5TH AVENUE AND 6TH
AVENUE, WERE SUBMITTED BY THE CITY ENGINEER, WHICH TOTAL COST AMOUNTED
TO $1,077.20. MR. CROMER STATED THAT THE SIDEWALK ALONG THE NORTH SIDE
OF FIRST STREET WAS IN SO BAD A OONDITIDN THAT IT WOULD BE NECESSARY
TO ALSO REBUILD IT IF THE STREET WAS WIDENED FROM CURB TO CURB AS CON-
TEMPLATED. HE RECOMMENDED THAT A NEW SIDEWAbK BE BUILT TO REPLACE THE
OLD ONE IF THE PROPOSED STREET IMPROVEMENT GOES THROUGH. THIS, HE STATED,
WOULD ALSO NEOESSITATE REMOVAL OF MANGO TREES LOCATED BETWEEN THE PRESENT
PAVED STREET AND THE SIDEWALK. HE SAID, IN THE REBUILDING OF THE STREET,
THE PRESENT HUMP WOULD BE TAKEN OUT AND THE NEW ROAD WOULD BE CONSTRUCTED
ON A STEADY GRADE FROM FIFTH TO SIXTH AVENUE. QUESTION AROSE AS TO HOW
THE ABUTTING PROPERTY OWNERS WOULD PROBABLY WANT TO PAY FOR THIS IMPROVE-
MENT, WHETHER IN CASH OR ON THE ASSESSMENT BASIS. MR. NOWLIN STATED
THE CHURCH WOULD PAY CASH FOR ITS PORTION. IT WAS THEREFORE MOVED BY
MR. MI~LER THAT THE CLERK BE AUTHORIZED'TO WRITE THE ABUTTING PROPERTY
OWNERS, AQVISING THEM OF THE PROPOSED IMPROVEMENT AND WIDENING FROM CURB
TO CURB, AND ASK I NG WHETHER THEY WOULD PREFER TO PAY CASH AND SAVE THE
EXTRA ADVERTISING AND LEGAL COSTS: ALSO INFORMING THEM THAT THE COUNCIL
WILL HOLD AN INFORMAL HEARING FOR OBJECTIONS ON SAID IMPROVEMENT AT THE
NEXT REGULAR COUNCIL MEETING NO'EMBER 24TH. MR. HILL SECONDED THE MOTION
AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HI~L YES, MR. JACOBS YES,
MR. MILLER YES, MR. SABATH YES, MR. SCOTT YES. THE MOTION CARRIED.
THE HOUR OF EI~HT O'C~OCK HAVING ARRIVED, THE MAYOR ANMOUNCED
THE OPENING OF BIOS FOR THE PAVING OF THOMAS STREET, FROM ANDREWS AVENUE
TO THE OCEAN BLVD.
BIDS $Oa~ITTED WERE AS FOLLOWS:
GULF STREAM ENGINEERS
$2,150
JOE PRIEST
1,990
THE LATTER BIDDER AGREED TO COMPLETE ALL WORK ACCORDING TO THE CITY ENGINEER~
SPECIFICATIONS, SAID FIGURE OF $1,990. TO INCLUDE PRICE OF 15~ PER SQ. YARD
FOR THE OILING TO BE DONE BY THE CITY, ALSO THE SUM OF $141.00 TO REMIBURSE
THE CITY FOR EXCAVATION ALREADY COMPLETED. MR. PRIEST ALSO SUBMITTED AN
ALTERNATE BID, ALLOWING FOR A DEDUCTION OF $95.00 FROM THE ABOVE FIG~RE IF
LOCAL ROCK WAS USED. FOR THE SMALL DIFFERENCE IN THE BID WITH LOCAL ROCK,
IT WAS RECOMMENDED BY THE CITY ENGINEER'THAT S.R.O. #2 ROCK BE USED. IT
WAS THEREFORE MOVED ey MR. MILLER THAT THE LOW BID OF JOE PRIEST, OF $1,990
BE ACCEPTED. 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 FOLLOWING LETTER FROM MR. BYRD, ATTORNEY FOR MRS. GRACE S.
WEIR WAS READ TO THE COUNCIL:
H;C
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NOVEMBER 10, 1941
HONORABLE E. H. SCOTT,
~IAYOR,
DELRAY BEACH, FLORlu~
DEAR MR. SCOTT:
My CLIENT, MRS. GRACE S. WEIR, HAS DELIVERED TO
MY OFFICE FOR COLLECTION TWO IMPROVEMENT LIEN CERTI-
FICATES ISSUEO BY THE CITY OF DEL RAY BEACH, FLORIDA,
U~DER ITS OFFICIAL SEAL, DATED NOVEMBER 21, 1939.
,
ONE OF SAID CERTIFICATES BEING A PARTIAL CERTI-
FICATE IN THE AMOUNT OF $50.17 AND IS FOR BENEFIT
IMPROVEMENTS IN PAVING A STREET ALONG THE NORTH SIDE
OF LOTS 13 ANO 14 VISTA DEL ~AR. THE OTHER CERTIFI-
CATE IS FOR $118.20, ISSUES FOR IMPROVEMENTS FOR
PAVING ALONG THE NORTH SIDE OF LOTS 3 AND 4, VISTA
DEL MAR. COUPONS I AND 2 ON BOTH OF THESE CERTIFI-
CATES ARE UNPAID AND 1 RESPECTFULLY CALL TO YOUR
ATTENTION THAT UNLESS THESE COUPONS ARE PAID I HAVE
BEEN INSTRUCTED TO BRING SUIT FOR THE COLLECTION OF
THE ENTIRE FACE AMOUNT OF THE TWO CERTIFICATES, TO-
GETHER WITH INTEREST AT THE RATE OF B% TO DATE OF
PAYMOlT .
THERE APPARENTLY IS A MISUNDERSTANDING AS TO
THE PAYMENT OF THESE CERTIFICATES AND I AM WRITING
DIRECT TO YOU AND SUGGEST THAT YOU HAVE A MEETI~G
OF THE FINANCE COMMITTEE AND DISCUSS THESE CERTI-
FICATES, AS I UNDERSTAND THERE WAS ISSUED FROM THE
CLERK'S OFFICE A LETTER STATING THAT THESE TWO
CERTIFICATES HAD BEEN PAID IN FULL, OR THE LOTS WHICH
THE CERTIFICATES WERE LEVIED AGAINST WERE FREE AND
CLEAR OF ALL INCUMBRANCES INSOFAR AS CITY TAXES
AND SPECIAL ASSESSMENTS WERE CONCERNED.
VERY TRULY YOURS,
C.Y. BYRD
THE CLERK EXPLAINEO THAT OUE TO AN ERROR, APPARENTLY IN HER
OFFICE, A TAX RECEIPT WAS GIVEN ON LOT 3 VISTA DEL ~AR WITH A TYPED
NOTATION TO THE EFFECT THAT THERE WERE ON OUTSTANDING LIENS AGAINST THE
PROPERTY, WHE~S THERE ACTUALLY WAS AN OUTSTAND I riG L I EN I r. THE AMOUNT
OF $88.80 FOR THE PAVING OF LAING STREET. IT WAS MOVED BY MR. SABATN
THAT THIS BE REFERRES TO THE FINANCE COMMITTEE WITH AUTHORITY TO ADJUST
THE MATTER SO AS TO BRING ABOUT A SATISFACTORY SETTLEMENT TO ALL CON-
CERNED, WHICH MOTION WAS DULY SECONDED BY MR. MILLER AND UNANIMOUSLY
CARRIED.
QUESTION AROSE AS TO WHAT THE CITY INTENDED TO DO ABOUT THE
ANDREWS AVENUE STRE6T LIEN IT HOLDS ON LOT 14, VISTA DEL MAR, ON WHICH LOT
MRS. WEIR ALSO HOLDS A STREET LIEN FOR THE PAVING OF LAING STREET, AFTER
DISCUSSION IT WAS FINALLY MOVED THAT THE CITY PURCHASE THE LAING STREET
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NOVEMBER 17, 1941
PAVING LIENS AGAINST LOTS 3, AND 14 VISTA DEL MAR, WHIDH MRS. WEIR HULDS,
AND PROCEED TO FORECLOSE ON LOT 14 FOR THE IMPROVEMENT LIENS OUTSTANDING
AGAINST IT. ~ftR. MILLER SECONDEO THE MOTION AND ON ROLL CALL THE VOTE
WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. ~ILLER YES, MR. SABATH
YES, MR. SCOTT YES. TijE MOTION CARRIED.
COUNCILMAN MILLER REPORTEO THAT HE HAD HAD A REQUEST FOR A STREET
LIGHT AT THE LOWER END OF NASSAU STREET AND RECOMMENDED THAT THIS EXTENSION
BE MADE. MR. SCOTT, CHAIRMAN OF THE LIGHT COMMITTEE SAID HE HAD BEEN
DEFINITELY NOTIFIED BY ~~R. SENIOR THAT GOVERNMENT RESTRICTIONS PROHIBITED
HIS COMPANY FROM INST^LLING ANY MORE LIGHTS WHERE IT NECESSIT^TED THE EX-
TENSION OF LINES OR POLES.
,
COUNCILMAN MILLER ASK'ED THE ADVICE OF THE COUNCil. IN q~G,"<D TO
FURTHER REMOVAL OF COCOANUTS WHERE THEY HANG OVER THE SIDEWALKS AND ARE
A MENANCE TO PEDESTRIANS OR PARKED CARS. HE ASKED IF THE MEMBERS THOUGHT
THEY SHOULD BE TAKEN DOWN. MR. SABATH MOVED THAT THE CHAIRMAN OF THE
STREET COMMITTEE BE AUTHORIZED TO HAVE ALL SUCH COCOANUTS, THAT MIGHT
PROVE DANGEROUS, REMOVED. MR. HILL SECONDED THE MOTION AND DN ROLL CALL
THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. MILLER YES,
MR. SABATH vrs, MR. SCOTT YES. THE MOTION CARRIED.
l
THE i,iAYOR BROUGHT UP THE MATTER OF COUNTY PRISONERS, ~OOOED IN
THE CITY JAIL OVER NIGHT, AND ^SKED WHETHER THE COUNCI~ THOUGHT SOME CHARGE
FOR THIS ACCOMMODATICN SHOULD NOT BE MADE, STATING THAT THE CHIEF OF POLICE
HAD RECOMMENDED A PRICE OF $1.50 PER DAY. AFTER DISCUSSION IT WAS MOVED
BY MR. HILL THAT ANY PRISONERS LODGED IN THE CITY JAIL, OTHEIl THAN THE
CITY'S BE CHARGED FOR, AT THE RATE OF $1.50 PER DAY, AND THAT SUCH JAIL
ACCOMMODATION BE GIVEN ONLY WHEN WE HAVE ROOtJ, THIS TO BE DETERMINED BY
THE CHIEF OF POLICE. MR. SABATH SECONDED THE MOTION, WHICH ON qOLL CALL
CARRIED UNANIMOUSLY.
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THE CITY ENGINEER REPORTED THAT IN DEL IDA PARK THERE WERE THREE
IMPORTANT WATER-LINE TIE-INS ON A DEAD-END PIPE, WHICH WERE THE CAUSE OF
CONSTANT COMPLAINT FROM RESIDENTS IN THAT DISTRICT; AND THAT IT WOULD
TAKE APPROXIMATELY 300 FEET OF 2-INCH PIPE, TOGETHER WITH GDOSE-NECKS"AND
OTHER MATERIAL AMOUNTING TO AN EXPENOITURE OF APPROXI~ATELY $150.00, TO
TIE THESE INTO THE MAIN SYSTEM THEREFORE HE RECOMMENDED THAT THIS BE DONE
IMMEDIATELY OR AS SOON AS POSSIBLE, TO REMEDY THE WATER PRESSURE PROBLEM
WHICH EXISTED UP THERE. IT WAS ACCORDHJGLY MOVED BY MR. MILLER THAT THE
ENGINEERING uEPARTMENT BE AUTHORIZED TO GO AHEAD WITH THIS WATER-LIN!
TIE-IN. MR. HILL SECONDED THE ~DTION, 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 MOTICN CARRIED.
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THE COUNCIL THEN PROCEEDEO TO PREPARE THE BALLOT BOX FOR THE
CITY' PRIMARY AND AMERICAN TELEPHONE AND TELEGRAPH FRANCHISE ELECTIONS
TO BE HELO ON TUESDAY NOVEMBER 18TH.
THE CLERK SUBMITTED TO THE COUNCIL THE RE~UIRED NUMBER OF OFFICIAL
BALLOTS, A LIST OF T"E REGISTERED VOTERS, TALLY SHEETS AND OTHER PARAPHER-
NALIA NECESSARY FOR THE HOLDING OF THE CITY'S PRIMARY ELECTION AND THE
AMERICAN TE~EPHONE & TELEGRAPH FRANCHISE ELECTION ON NOVEMBER 18TH.
AFTER THE BALLOTS, LIST OF VOTERS & C. WERE EXAMINEO BY THE
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NOVEMBER 17, 1941
COUNCIL, AND FOUND TO BE IN PROPER FORM AND ORDER, IT WAS MOVED BY MR.
HILL THAT THE BALLOT BOX BE LOCKED, SEALED AND DELIVERED TO THE CLERK
OF THE ELECTION tlOARD WITH INSTRUCTIONS AS TO HOLDiNG OF SAID PRIMARY
ANO FRANCHISE ELECTIO~S, IN COMPLIANCE WITH THE CHARTER OF THE CITY OF
DEL RAY BEACH AND ;HE ELECTION LAWS OF THE STATE OF FLORIDA. MR. ~IILLER
SECONQED THE MOTION WHICH CARRIED UNANI~OUSL~.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL,
IT WAS REGULARLY MOVEC, SECONDED AND CARRJED THAT COUNCIL ADJOURN.
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CITY CLERK
APPROVED:
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MAYOR )
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