02-12-40 Regular
141(J
COUNCn. CHAMBER
February 12, 1940
The Council me t :In regul aX" s ess ial at 7: 30 P oM.
with the City Attorney and following Counoilmen present:
Mr. Crego, Mr. Hill and Mr. ;raoobs. Mr. MUler and
Mr. Bradshaw arrived :Immediately after the meeting oonvened.
By motion regularly made, seconded and oarried,
the minutes were approved as read.
The following oommunioation was read f'rom the Works
Projects Administration Office in West Palm Beach:
, ,
February 9, 1940
Oity of DeJray Beach
Delray Beach, Florida
Attention:
Subject:
Mr. C.W. Hill, Mayor
Pro je~t 4657 - Development
~
Recreational Area
Gentlemen:
With virtual completion, work on this
projeot is permanently discontinued under date of
February 7; there being 95% oomplet ion or the
group of features proposed, the items inoomplete
oonsisting of specific installations of spol}.sor
items of' equipment as swings, slides, benches.
It is our understanding that these items will
be procure d and plaoed by you as oiroumstances
permit, the grounds being in readiness for their
reoeipt.
'.Va assure you of our. willingness and
desire to at all times cooperate in our nutual
effort to'relieve suoh uneJ;jployment as may exist
and to at the same t 1me s eoure worthwhile perman-
ent improvements.
For the oompletion of our files we enolose
forms for :rour formal acceptance of the work,
which we ask that you 'please execute and return to
us in duplicate.
Very truly yours,
/s/ Harry L. Meyers '"
District ~nager
Distriot IV .
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COUNCn. CHA1ffiER - February 12, 1940
It was regularly moved, seconded and carried that
the Clerk be authorized to execute and return Form letter
No.7, acoepting the Playground project, as constructed.
The Building Inspeotor submitted an application
of ~.M. Waters asking permit to locate a temporary Field
Of'fice in nelray Beach Esplanade, a Zone rtBrt District.
He explained that this office would be a sectional building,
movable from plaoe to place, as desired, and ,that the
owner agreed to take it down dur ing storm season. l.tr. Crego
moved that permit be granted, with the understanding that
the building be removed at any time the Counoil may request.
Mr. Miller seconded the motion and on roll call the vote
was as follows: Mr. Crego yes, Mr. Hill yes, Mr. Miller
yes, Mr. J"acobs yes, Mr. Bradshaw yes. The motion carried.
, A request from Matt Graoey was read, asking that
the zotdng on Andrews Avenue, North of Lowry street to
Vista Del Mar, be changed from Aparil"lent HOUse to Residence
rtArt Distriot. Mr. Bradshaw said, inasmuoh as Mr. Graoey
had originally requested that this territory be zoned for
apartments, he was definitely opposed to mak~ng the requested
change upon the petition of merely one individual.
-r
Disoussion ensued as to the liability of zone ":8"
resideno'es being oonstructed in the better apartment house
districts. To avoid such a possibili ty, it was suggested
that an amendment be drawn to make provision for a higher
class of apartments in the Residenoe rtA" districts. Br.
Sinks reoommended,in the matter under discussion, that the
Council go and look the location over before acting on
the request. Aotion was therefore deferred.
"
A request \~s submitted from G.H. Cra\vf'ord, ask-
ing for permit to build an addition to the frame apart-
ment building already looated on Lot 8 Block 15'7 Atlantic
Palm Nursery property. The request was for an additional
four rooms to the ell extending South therefrom. Fire
zone requirements oalled f'or masonry construotion, Mr. Sinks
said, but since the present building ~s of frame it was
desired that the addition be of similar oonstruotion. It
:was moved by Mr. Bradshaw that the requested permit be
granted at such time as the 01lller gives to the Building
Inspector a oertificate :from the State Hotel Ccmmissioner.
Mr. Crego seconded the motion and on roll oall the vote was
as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill no, )
Mr. J"acobs not voting, Mr. Miller no. The motion was lost.
The Building Inspector submitted drawing of a
raok to mount one of Fugate & Brockway's large IIBpS on.
He estimated it would cost about $14.00 to make this raok
and requested permission to have this construoted for use
in the office. It was accordingly moved by Mr. Miller
that the request be granted. Mr. Bradshaw seoonded the
motion and on roll call the vote was as follows: Mr.
1412
COUNen. CHAMBER - February 12, 1940
Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. J"acobs yes,
Mr. Miller yes. The motion oarried.
The following letter was read:
February 1, 1940
TO THE CITY COUNCn. OF TEE
CITY OF DELRAY BEACH, FLORIDA
Gentlemen:
Mr. Desso Soholtz, now employed by you as
motorcycle patrolman, oame to me ror treatment on
J"anuary 13, 1940 for a baok injury which occurred in
his own words as follows:
"While escorting an ambulance on iTanuary 9th
to West Palm Beach at 75 miles per hour, I hit a bump
and felt something give. I have had a terririo head-
ache since. rt
Mr. Soholz has been under my care since
iTanuary 13. He now reports that he feels rtfine" at
all times exoept when riding the motorcycle now pro-
vided for him by the City, when the unfavorable
symptons return.
It is poss ible that had posture induced by
riding that mo toroycle is a contributing cause of
his trouble. In order to give this possibility a
thorough test, it is my suggestion that Mr. Scholz be
provided with another machine for a period of at
least a week, after which time, I shall examine him
further.
Your oooperation will be appr~atedl
Yours very truly,
/s/ Charles W. Vogler, D.O.
Copy to Chief AI. Nels on
The Mayor sta ted Dr. Vogler had talked to him about this
matter, and as a result Mr. Sohol tz had got in touch with
the Sherriff's offioe and borrowed a motorcyole ror tem-
porary use, whioh machine was being used now; that it was
a matter of' opinion betv~en the Chief of Police and Mr.
Soholtz as to whether the old motorcycle had caused the
injury or whether it was beoause the maohine was being
ridden improperly. The Mayor re commended that the three
pOlice taka t urns in rid ing the ma chine.
1413
CDUNCIL CHAMBER - February 12, 1940
Councilman Miller said he would like to have more
than one dootor's advioe as to the cause of the injury,
as he could not see how a motorcycle would hurt a man's
back unless through an acoident.
Councilman Bradshaw said the City's machine '.'BS a
bunoh of junk, and had never been in balanoe since being
damaged in the :Blnry Pickren acc ident J"anuary 1937. He
said the Mayor and Police Department should settle this
matter, as it was not up to the Council.
The Mayor asked the Counoil's opinion in regard
to trading the present machine for a new one. Mr. Brad-
shaw said he preferred that the City rent or borrow one
from the Sheriff"s department until the end or the fisoal
year.
,
The Council signified its approval of hiring a
County machine for the rest of the Season, if neoessary;
and the Mayor stated he would ask the Sheriff's Department
to allow the City to use its maohine as long as poss ible.
and then at the end of that period, the three policemen:'
would be expected to alternete in riding the City's machine
He oons idered no one man should be expected to do all the
rid ing.
It was regularly moved, seoonded and oaITied that
the following ordinance be placed on its second reading:
ORDlNANCE 348
AN ORDINANCE CONFIRMING AND EQ,UALIZING ASSESSMENTS
FOR STREET REPAIRS ON N.E. FIRST STREET, FROM NORTH
SWINTON AVENUE TO N.E. FlRST AVENUE; ON N.P.:. FIRST
AVENUE, FROM ATLANTIC AVENUE TO N.E. FIRST STREET;
N.E. FIRST S'I'REET, FROM N.E. FOURTH AVENUE TO N.E.
SEVENTH AVENUE; SOU'IHEAST FOURTH STREET, FROM SOUTHEAST
FIF'lR AVENUE TO SOUTHEAST SIXTH AVENUE; ALLEY NOR'lR
OF S.E. FIRST STREET, FROM SOUTH SWINTON AVENUE TO S.E.
FIRST AVENUE, ANn FOR STREET REPAIRS m OSCEOLA PARK,
AND LEVYING SPECIAL IMPROVEMENT ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL FOR SAID SPECIAL :IMPROVEMENTS;
PROVIDmG THE METHOD SAID SPECIAL ASSESSMENTS SHALL
BE MADE: THE TIME WHEN THE SAME SHALL BECOME PAYABtE;
THAT SAID ASSESSMENTS TO BE LEVIED SHALL BE A LIEN FROM
THE DATE OF THE ASS:ESSMENT UPON THE RESPECTIVE LOTS
DESCRIBED m SAID ASSESSMENT ROLLAND SET FOR'IHHEREIN;
THE MANNER IN '.ffiICH SAID ASSESSMENTS ARE TO BE COLLEOl'ED
AND PROVIDING FOR THE ISSUANCE OF SPECIAL CERTIFICATFB
OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE
ASSESSABLE PROPERTY AND PROVIDING THAT THE CITY MAY
TRANSFER AWl DELIVER A PORTION OF SAID CERTIFICATES
OF INDEBTEDNESS TO THE CONTRACTOR IN PAYMENT OF BATD
SPE CIAL IMPROVEMENTS. ' S Nil P )..
,j,:-
t4.14
COUNCIL CHAA!BER - February 12, 1940
,
The ordinance having bee,i:l. read in full, the seoond
time, it was moved by Mr. Bradsh'aw that it be adopted on
its se cond reading and final passage. Mr. Hill seconded the
motion and on roll call the vote was as follows: :Mr. Brad-
shaw yes, Mr. Crego yes, Mr. Hill yes, Mr. J'acobs yes,
Mr. Miller yes. The motion oarried and the ord inance was
declared adopted.
A written request read from Dr. Vogler asked that
the Council authorize the City Clerk to deduct $1.00 weekly
from Burk Bryant's salary to pay a bill which Bryant owes
the doctor. Mr. Crego n:ade a motion that the request be
granted. The motion was lost for want of a second, it
be ing contended that the 01 ty could not a ot as a oollect-
ing agent in such matters.
,
,
The Clerk reported having had complaint regarding
a sign on the boulevard direoting traffic South to Miami.
She stated that at the intersection of the Ocean Boulward
and Atlantic Avenue a sign directed Miami-bound traffic
West on Atlantio Avenue but because there was no sign at
the Federal Highwa y, many cars continued West towards the
Seaboard instead of turning South on the Federal. It
was therefore recomnended that a sign be placed immediately
under the Federal and Atlantio Avenue traffio light, direot-
ing traffic South to Miami. Further, in line with traffic,
regulations, it was recommended by the Ch~f of Police that
traffic be permitted to turn right on the red light at the
Atlantic Avenue intersection of the beach Boulevard. All
thes e traffic matters were referred to the Mayor and Police
Department to regulate and work out.
It \~s moved by Mi'. Bradshaw that the City renew its
Accident and Health polioy, on the volunteer firemen, with
Great Anerican Indemnity Company. Mr. Crego seconded the
motion and on roll call the vote was as follows: Mr.
Bradshaw yes, Mr., Crego yes, Mr. Hill yes, Mr. J"acobs yes,
Mr. Miller yes. The motion carrie d.
At this point, Mrs. G.H. Crawt'ord and her arohi-
teet appeared in regard to issuance of building permit
requested on Lot 8 Atlantic Palm Nursery property. She
asked just what the objection had been to the granting
of the permit, stating t'1at the original building had been
oonstructed on the lot in good faith, since they were un-
aware that frame construction \~S not permitted in that
location, and the building permit had been granted in error
by the Building Inspector's department. She said to add
a masonry addition to the existing frame oonstruotion,
would not look well and yet it seened unfair that they be
not 'allowed to realize on their investment there, byex-
tending the building as requested. The Mayor therefore
brought the matter before the members for reconsideration,
whereupon Mi'. Bradshaw moved that permit for G.H. Crawford,
,',
COUNCIL CHA1TBER - February 12, 1940
141,5. \
Corner of Atlantio Avenue and GJ.eason street, for con-
tinuation of build ing, as rec:uested, be granted, with the
stipulation that masonry fire wall be constructed to separate
the two buildings, also that a permit from the State Hotel
Commission be presented to the Building Inspector, before
the granting of saiil permit. Mr. Crego seconded the motion
and on roll call the vote was as follows: Mr. Bradshaw yes,
Mr. Crego yes, Mr. Hill no, Hr. J"acobs :res, Mr. Miller no.
The motion carried.
Mr. Hill reported J.C. Wellbrock had complained
about the condition of the street in front of his house
in Block 114, stating that W.P.A. workers, had torn down
some of his steps in beautifying said street. This matter
was referred to the Street Committee to look over and do
'Nhatever repair work is found necessery.
.'
~
Mrs. H.L. Lambeth had made oomplaint that garbage
\~s collected only once a week from her apartments on S.E.
First Street and C.A. Baker agreed to look into the matter
and see that the men collect regularly.
Mr. Crego agreed to investigate a complaint that
trash and tin cans were being dumped on a vacant lot in
the North end of Block 126.
"
Mr. Miller brought up the matter of providing a
playgroUnd supervisor for the I1hildren's playground. He
said he had procured Mr. Underwood, who had done similar
work in Delray beffore and was knO\~ to be an all-round
athlete, ,well qualified to fill the City's requirement.
The City's portion of Mr. Underwood's salary \\Ould be . .-
$18.00 per month, but 5% of the cost of any equipment bought
for the playground could be deducted from this monthly
wage, or if he is provided with an office a deduotion of'
3 to 6 cents per cubic foot is allil>wed for such on his
salary. He said it had been decided to run a small ad in
the paper advising the Public of the employment of this
supervisor. Mr. Miller also recommended the :purchase of '
additional play equipment amounting to about ~20.00. It
was moved by Mr. Bradshaw that Mr. Miller's recommendations
be approved and Mr. Underwood be employed at a salary of'
$18.00 per month; also that a sum, up to $20.00 be
appropriated for neoessary equipment and supplies for the
Childlrens Playground. Mr. Hill seoonded the motion and on
roll call the vote was as follows: M.r. Bradshaw yes,
Mr. Crego yes, Mr. Hill yes, Mr. J"acobs yes, Mr. Miller yes.
The motion carried.
,
L
A communioation was read from Dr. E.!!. Farber,
President of the Delray Beaoh Tennis Association, reporting
reoonstruotion of the tennis courts by the Club at a,cost
of $258.00, and asking finanoial assistanoe of the City
in helping to defray this expense. It was explained that
.,>
1416
COUNCIL CHAMBER - February 12, 1940
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this rebuilding of oourts was necessitated due to their
orig inal poor oons truct ion and it was therefore fel t that
the City should absorb some of the expense entailed.
The Mayor said he felt it was desirable that the
Ci ty provide necess ary re creational facilities for res idents
and tourists but he would like to see2 all such recreat-
ional features, thereafter maintained by fees derived
therefrom. It was stated that lack of operating funds
deterred the Council in making such additional appropriat-
ions, but after discussion, it was moved by Mr. Bradshaw
that $125.00 be paid out of the General Fund for this
purpose. Mr. Crego seconded the motion and on roll oall
the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes,
Mr. HUl yes, Mr. J"aoobJs yes, Mr. Miller yes. The
motion oarr ied.
?:
".
The Chairman of the Light Committee stated that
it would oost $23.00 for line extension to provide a street
light at the corner of S.E. Third Avenue and Third Street,
as previously authorized, therefore he did not recommend it.
At the yacht basin location he recommended that,
three lights be placed instead of two, as previously
ordered, because he said in this way the City would save
itself the cost of' extending the line, beyond the three
hundred foot limit allowed by the Power Company. No
action was taken on Mr. Miller's recommendations, however.
',.
'I
The City Attorney reported that Mr. Plastridge
had c.omplained about the defective oondition of the side-
walk in i'ront of his off'ice on Atlanti c Avenue where a
lady had fallen that day as a result. The condition
complained of \~S referred to the Chairman of the Street
Committee, Who agreed to look into the mBtter and have
Mr. Baker repair the broken sidewalk with cold patch.
Mr. Miller reported that Dan Smith had agreed to
give the City seven nice cocoanuts and one Royal Palm
tree, in exchange for what sand the City is willing to himlt
to fill his property in .::>eabreeze Park. He said the
only cost would be for moving the trees. This, the City
engineer estimated, would be about $5.00 each. He there- :...~
fore moved that the Parks Committee be authorized to make ".
a deal with Mr. Smith for these trees in exohange for
sand off streets, and that ari amount up to $5.00 each be
expended for moving of same. 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. J"acobs yes, Mr.
Miller yes. The motion c'arried.
Mr. Miller said request had been made that a
pathway be out and cle ared through Thomas street, f'rom
Andrews Avenue to the Ooean BOUlevard, so that people may
walk through to the ocean. Mr. Brads.hal'l said he did not
f
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141~
COUNCIL CHMfBER - February 12, 1940
";<:1
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think it \~S up to the City to do this work, sinoe the City
had already gone in and grubbed out the street a year or so
ago. He considered the subdividers of the neighboring
properties should be willing to have this work done, since
it would be a direot benefit to that section.
~
.
The City Attorney offered to the Council a right-
of-wa y deed, extend ing the width of Swinton Avenue from
the old dedioated thirty feet to the present regulation
width, for County roads, of sixty-six :feet. Mr. Nowlin
explained that this was the seotion of' North Swinton Avenue
Which abutted on the old Schrader property. It was moved
~ Mr. Hill that the deed be accepted and the Clerk author-
ized to have same plaoed on reoord. Mr. Miller seconded
the motion' and on roll oall the vote was as follows:
Mr. Bradshaw yes, 1~. Crego yes, Mr. Hill yes, Mr. Jacobs
yes, Mr. Miller yes. The motion oarried.
The Clerk brought up the matter of licenses on
trade boards, and the Counoil members expressed the opinion
that no license should be charged on the ordinary 5-cent
trade boards to be :found about town.
It was moved by Mr. Crego that bills numbered 517l
to 5270, having been OlK'd by the Finance Committee, be
returned to the Council and ordered paid.
By motion regularly made, . seoonded and carried,
Council adjourned.
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APPROVED:
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