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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 . 1411 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 ;\ 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 \.. \ 141~ COUNCIL CHMfBER - February 12, 1940 ";<:1 , 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. cm~. ~~p ty 1 e1' APPROVED: ~...-,ne yor t. f' "