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01-22-40 Regular 139€ co UN:: IL CHAMBER January 22, 1940 < The Council met in regular session at 7:30 P.M. with the City Attorney and the following Council members present: Mr. Bradshaw, Mr. Crego, Mr. Hill and Mr. Jacobs. Councilman Miller was absent but oame in immediately after the meeting convened. After reading the minutes of the regular meet- ing of J"anuary 8th and the special meeting of January 19th, these were approved as read. . A communioation from the F.E.C. Railway was rdhd, in which this Company advised that instruotions had been re-issued to engineers, directing that they confine whistle signals through Delray Beach to the lowest poss- ible minimum, consistent wi th ru.les and requirements of the law, and thanking the Clerk for calling the Company's attention to the complaint which had been registered in this re garn. An application from Chas. Ciark for a position as Life Guard was read am ordered filed with other such applica tions. ! ~ "~ , A communioation was read from Howard H. Cherry, requesting the Council to use its authority in delaying building operations, on the vacant lot opposite his home, in Nassau Park. It was stated that no application for building permit in said location had been requested, therefore the communioation was ordered filed for future reference. v The Clerk submitted request of Arthur ~uince for permission to use frame building on lots 45 and 46 Block 29 as ~,barber shop and beer parlor. 'i'he Building Inspector explained that this building had been moved on to said lot for use as a dv.elling, but the owner now askedpermission to use it temporarily until May, 1940, for business purposes. Business houses in the fire zone were requir~~~po be of masonry construction, he said, but since this "man agreed to abandon its use for business after May 1940, he recorrmended that t he request be granted. It was thereupon moved by Mr. Bradshaw tha t temporary penni t be issued Arthur Q.uince permitting him to use the frame building on lot 45 &. 46 Bloak 29, for business purposes for the requested period of time. Mr. Miller seconded the motion and on roll oall the vote was as C01JNCn. CHAMBER - Janu8l"Y 22, 1940 follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hlihl yes, Mr. tacobs yes, Mr. Miller yes. The motion carried. Building permit application No. III was also submitted, in which C.A.B. Zook applied for permit to build 4 single family dwellings on Lots 3 to 10 Block 111, to be of the same typeand construction as those already built on Lots 11 to 21 in the same block. Mr. Sinks stated the code called for continuous foundations under such dwellings; that the previous house s hail been built prior to the passage of the building code, but that he could not honestly recommend the construction of more of these houses unless they did comply with the building code requirements now adopted. In the discussion which followed it was stated that the part-pier foundation requested was a good solid one, approved of by F.H.A. authorities, and inasmuch as this was a continuation of Mr. Zook's program of residence construction in Block 111, as planned before the adoption of the building code, itl was moved by Mr. Miller that the objection to foundation, be waived and Mr. Zook be pemitted to proceed with con- struction as requested. Mr. Crego seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes. Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. Call was made for objections to the assessm3nt roll levied for Group 2 of the Street improvement work advertised in Special Improvement Resolution No. 313. Mr. A.C. Krenz appeared stating he had bElen misinformed as to the expense of this improvement, an estimated cost of $65.00 having been quoted to him by a member of the Council, whereas his actual assessm3nt was $124.00, he said. Henry Barch stated this was also the cost quoted to him. He complained too of standing water on the newly improved street (N.E. First Street between 4th and 5th Avenues) stating that he had been led to believe that the level of the road would be raised in the improving of this street but inasmuch as this had not been done he would appreciate anything the city could do to rectify the condition which now existed. The City Engineer stated he had told no one that the cost of this improvement would be only $65.00 and that they had been misinfomed if so advised; also that the Street Commitiee had given instructions not to raise the level of N.E. First Street but to pave it at its present level. The Mayor recommended that property owners, in future, obtain information as to costs and details of such work from the proper source thus avoiding misundersta ndingB in such matte rs. Objections to the assessment roll, having been deemed insufficient, it was moved, seconded and carried that the following ordinance be placed on its first reading: :t~m7 #. ret 1398 COUNCIL CHAMBER - ~anuary 22, 1940 ORDINANCE 348 AN ORDINANCE CONFIRMING AND EQ.UALIZING ASSESSMmTS FOR STREET REPAIRS ON N.E. FmST STREET, FROM NORTH SWINTON AVENUE TO N.E. FIRST AVENUE; ON N.E. :;.'mST AVENUE, FROI' ATLANTIC AVENUE TO N.E. FIRST STREET; N.E. FIRST STREET, FROMN.E. FOURTH AVENUE TO N.E. SEVENTH AVENUE; SOUTHEAST FOURTH STREET, FROM SOUTHEAST FIFTH AVENUE TO SOUTHEAST SIXTH AVENUE; ALLEY NORTH OF S. E. FmsT STREET, FROM SOUTH SWlNTON AVENUE TO S.E. FIRST AVENUE, AND FOR STREET REPAIRS IN OSCEOLA P.4RK, AN'.J LEVYING E,PECIAL IMPROVE.. MENT ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL DJIPROVEMENTS; PROVIDING THE METHOD SAID SPECIAL ASSESSMEN'Il3 SHALL BE ~'ADE; THE TD;1E WHEN THE SAME SHALL BECOME PAYABIE; THAT SAID ASSESSMENTS TO BE LEVIED SHALL BE A LIEN FROM THE DATE OF THE ASSESS.. MENT UPON THE RESPECTIVE LOTS DES CRIBED IN SAID ASSESSMEl'TT ROLL AND SET FORTH HEREIN; THE MANNmm WHICH SAID ASSESSMEN'Il3 ARE TO BE COLLEGI'ED AND PROVID" ING FOR THE ISSUANCE OF SPECIAL CERTIFICATES OF INDEBT- EDNESS FOR THE AMOUNT SO ASSESSED AGAINST Trill ASSESS- ABLE PROPERTY AND PROVIDING THAT THE CITY MAY TRANSFER AND DELIVER A PORTION OF SAID CERTIFICATES OF INDEBTEDNESS TO THE CONTRAGI'OR IN PAYMENT OF SAID SIECIAL D1PROVEMENTS. 5.,.oup" The ordinance having been read in full, it was moved by Mr. Bradshaw that it be passed on its first reading. Mr. Hill se conded the motion, and on roll call, the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. Call was made for objections to the proposed Lot Cleaning ~provement Work, and no objection having been made thereto, it was moved by Mr. Miller that the Sanitary Committee nrooeed with the work as authorized and adver- tised by R~solution 343. Mr. Bradshaw seconded the motion and on roll call the vote was as follows~ Mr. ~radshaw yes, Mr. Crego yes, M:t'. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The rotion was declared carried. A. GeorgE) laid complaint with the Council regard- ing the rough uneven condition of the sidewalk in front of his store building, stating that everyday pedestrians tripped over it and at times women had suffered ba! falls as a result. After discuss ing same with Mr. George, the Mayor instructed Super intendent Baker to remedy this condition with cold patch. This, Mr. Baker agreed to do the next day. It was also recommended that he repair two other places complained of, as soon as possible, viz. a spot adjacent to the Seacrest Ho~el, and another on the Federal Highway just around the corner from John Berg:s house. 1399 COUNCIL CHAMBER - January 22, 1940 (By" motion regularly made, the following ordinance Vias placed seconded and carried on its second reading. ORD~NANCE 34? AN ORDINANCE OF TT;E CITY OF DELRAY BEACH, FLORIDA DESIGNATING CERTAIN ZONES AS DEFINED BY THE CITY ZONING ORDmANCE AND AUTHORIZING "'HE CITY ZONING MAP TO BE SO ALTERED SO AS TO SHOW SUCH CHANGES. The oriJ.inance having been read the second time, it was moved by Mr. J:Jradshaw that it be passed on its second reading and fi!lll11 passage. Mr. Crego seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. tTacobs yes, Mr. Miller yes.). The motion carried and the ordinance was declared adopted. Councilman Hill stated he was still waiting for information on the water plant situation. On recommendation of Councilman Miller the follow- ing 1 ife-guards vrere hire d by mot ion regul ar ly made, seconded and unanimously carried: James Lane, l"irst Life Guard, and Norris Bird, Second Life Gua'rd, at a salary of $60.00 per month each. The Chairman of the i'arks Conn it tee als 0 re commended. t he fur nishing of thes e boys with some type or uniform that would distingush them on the beach, also the purchase of two adiJ.itional torpedo buoys . . This brought up the question of uniforms furn- ished various city employees, Mr. Crego stating he was opposed to the purchase of clothing for any employees exoept the garbage collectors, whose salary, he said was inadequ~te to cover purchase of uniforms. He made a motion that no more clothing be bought for employees who are on a monthly salary. This motion was lost for want of a second. After some further discussion along these lines. it was moved by Mr. Hill that Mr. Mill er 's re ccmmend- ation be approved and that the City purchase a uniform f"Q]!!'; each of the life-guards a t a price of approximately $7 .50',~< each, also two torpedo buoys. Mr. Bradshaw seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego no, Mrl Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion was declared carried. The Chairman of the Light Committee recommended changes and additions of street lights as follows: Move 1 ight in first block, on South Canel Street, to Yacht Basin location in the second block South , 1400 COUNCIL CHAMBER - January 22, 1940 Re-instate light at corner of S.W. Second Street and S.W. Second Avenue. Rel'instate light at Cornel' of S.E. Third Street and SUo Third Avenue. Re-instate whiteway light in front of The Delray Theatre. It was moved by Mr. Bradshaw that the first three locations be approved and lights be located as recommended. Mr. Crego seconded the motion and on roll call the vote was as f'ollows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. No action was taken in regard to the Delray Theatre recom- mendation. The Chairman of the Parks Committee also reported on the Children's Playground Project, 1'hich he said was about completed. He reported an exp~diture of $493.66, to date, and stated approximately $213.00 more was needed to finish the pro ject covering items as follows: Planting 3 cocoanuts, 7 elders, largE) rubber tree, and silk oak Grass . $ 51.00 30.00 Nets and hardv.are (2 tennis nets and volley ball nets) 54.00 15 . 00 20 . 00 35.00 8.00 Paint for wood work Additional lumber Labor 400 100. fertilizer $ 213.00 making a total expe'6d.iture of $706.66 as against the authorized appropriation of $750.00. He therefore moved that the Parks Committee be authorized to proceed . with the work on this basis, as planned in the beginning. Mr. Bradshaw seconded the llPtion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motiOn carried. Co~cilman Miller discussed proposed con,tinuat- ion of the Beach Improvement Work. which project was dis- cussed by the members at last meeting of the Council. He said he had heard considerable favorable comment on the work done south of the pavilion and would like to see L , 1'lU:J COUNCIL CHAMBER - January 22, 1940 the project for the North end commenced immediately upon the conclus ion of the Playgr.ound P$'oject, which would be in about eight days' time. Councilman Bradshaw stated he had heard no objection whatever to the proposed work after beach residents had been fully informed as to what was planned. V~. E.H. Scott, upon being asked his opinion stated he had no objection thereto but recommended that as much as poss ible of the nat ive grass be retained east of the bank, as he said this was the beach's grf,atest prote ction in s tormseason. .. It was moved by :Mr. Miller that the City proceed ~ with the Beach Project, Sponsors No. 17, in accord with ~ original plans, and that .the Clerk notify the W.PLA. Office -iJ' of such intention. Mr. Bradshaw seconded the mot-ion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. u . '~ rot The City Clerk asked ,advice in regard to payment of bill from Grover Baker in the amount of $295.75 covering 455 au yards of marl hauled for the tennis courts, sta;ting Mr. Baker had originally agreed to accept payment of same in delinquent taxes, but now asked that it be allowed on current taxes and on his occupational license, amounting to $115.41 and the balance of $180.34 be paid him in cash. She asked the Council's instruction as to' this. The Chairman, of the Parks Committee agreea to-take the matter up with Mr. Baker and make recommendation as to payment at next meeting of the Council. The City Clerk reported that the budgeted appro- prIation of $2,500.00 for operation of the Golf Course had been overexpended, and asked the Council's, instructions as to payment of further bills contracted by the Golf' Committee, stating she had a number of unpaid bills on hand and that t.he Conmittee was undoubtedly incurring fur- ther expenses , with the impress ion that 'b lllsfor same would be paid by the City, upon presentation, therefore the matter .of further financing, by the City, should be, considered and acted upon'promptly. Mr. Bradshaw agreed to ge t in touch with the Golf COl!lllit tee and have' the Treasurer confer with the City Clerk, with a view to making further recommendations as to same. The City C1 erk. reported' having recei'ved'a request that the City collect garbage, for a stipulated fee, in the 0eagate Subdivision on the beach, and was advised by the members that it !liaS considered unr1esirable to extend ~ such service outside the city limits. Mr. A. George laid complaint regard;^the b~1P of trash in the center of town, stating that^smoke f'fo' ' the trash piles of nearby stores was damaging to his .. . merchandise and was objectionable in his home. He asked , 1.4m COUNCIL C~,mER - January 22, 1940 that some arrangements be made to have the trash collected by the garba&e collectors instead of permitting the usual practice of burning it. This matter was re ferred to the Cha irman of the Sanitary Committee, who agreed to get some sort of report on same and make recommendation at next meeting; The City Clerk advised that in the colored cemetery, where no deeds are issued or permits obtained for burial of bodies, that nearby towns were us ing it for burials and she asked if the Council was willing to permit this. Mr. Miller, Chairman of the ~arks Committee, stated he had plans for the cemetery improvement which he be- lieved would take care of this particular question and agreed to present these at another meeting of the Council. The Clerk reported having notified the Elliott Sign Company of signs to be removed on the City's property South of town but had received no reply. It was therefore moved by Mr. Crego that C.A. Baker take these signs down and bring them in. Mr. Bradshaw seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller not voting. The motion was declared,carried. The Clerk reported having received a request from a Ft. Lauderdale resident for permiss ion to sell flowers from a truck on the streets ot Delray and was informed that such sale would not be permitted unless oarried on at an established place of business. The Mayor enquired of the Chief of Police regard~ ing a police oar siren, for which bill had been submitted, and was informed that the reason for ordering same was beoause the previous one, at a cheaper price, had not proven satisfactory, and had been returned and credit had been allowed on the new model. Mr. Crego thought it should be tried out before being paid for but Mr. Nelson said. it was fully guaranteed. The Mayor therefore recommended the purchase of the siren, if proven satisfactory, and it was moved by Mr. Bradshaw that the JUdge's recommend- ation be oarried out. Mr. Miller seconded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaco bs yes, Mr. Miller yes. The motion carried. The Clerk brought up the matter of delinquent tax adjustments, asking that the Council do something in regard to same while the deason is on and taxpayers are in town and more inolined to take advantage of such adjustments. She W'lS accord ingly instructed to proceed to prepare percentages for adjusted settlements, same to be passed upon by the Council and approved as settlement bases for tax adjustments. f ' . COUNCIL CHAtffiER - January 22, 1940 140~ The City Attorney stated, that inasmuch as the Charter ~equired that many papers, estimates and assess- ments called for the signature of the City Engineer, it would be advisable to designate Mr. Cromer as such when appointments are finally made, in order that all 1 egal requirements of the Charter be complied with. The Mayor enquired what the other members thought about the lettering of the police car, and recommended a small insignia on each door, similar to that used on the Police uniforms, which recommendation was approved, and authority given to have such signs painted thereon. City Engineer's repott and assessment roll, totalling $1,375.71 covering cost of Group 4 Paving Improve- ment, included in the Harvel contract, was submitted and examined and it was moved by Mr. Hill that the Couno 11 approve said report and assessmentroll, and that same be placed on file in the City Clerk's offioe; and that the assessment roll be advertised each vveek for two consec- utive weeks, together with notice to the effect that said assessmeht roll has been duly examined and approved by the City Council and that the City Council \rlll sit to hear objeotions thereto on the 1~th day of February, 1940. Mr. Crego seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, IAr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. Councilman Bradshaw reported having conferred with C.Y. Byrd and the State Road Department in regard to the pine trees, complained of, opposite Mr. Farrar's residence on the tleach, and had been informed that it would be agreeable for Mr. Farrar to have these cut down and removed. '^ It was moved by Mr. Bradshaw that the Chairman of the Sanitary Committee be authorized to have Lover's Lane cleared and grubbed in compliance with a request by a Palm Square resident whose pronerty adjoined said street. It '~s regularly moved, seconded and carried that bills numbered 5143 to 5170, having been O.K'd by the Finance Commit tee, were returned to the Counoil and ordered paid. It was regularly moved, seconded and carried that Council adjourn. ~). (lA~~ Ci ty C erk APPROVED: 0t7:l ~ .r~ May~rf'