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03-11-40 Regular 1424 COUNCn.. CHAMBER Maroh 11, 1940 i The Counoil met in regular session at 7:30 P.M. with the city Attorney and the following members present: Mr. Crego, Mr. Hill, Mr. Jaoobs and Mr. Milk. The minutes of the regular meeting held February 26th and the special meeting of February 27th were, by motion regularly made, seoonded and oarried, approved as read. The following oommunioation was read from the Fire Chief: March 11, 1940 Honorable Mayor and Council City of Delray Beaoh Gentlemen: To simplify the distribution of money and the oollection of dues and assessments by the fire department treasurer, the firemen ~uld like to have you ohange the present form of paying for silent alarms, which is ~4.00 for every fourth fire, to the payment of ~l.OO for eaoh fire. This doe s not make any ohange in the amount paid for suoh fires, but will enable eaoh fire report and payroll turned in to the City Counoil to show a oorreot statement of oost. ( Yours very truly, /s/ L.W. Cook Chief Fire Dept. J It was moved by Mr. Miller that the r:J.ethod of paying for silent alarms be ohanged to conform with the Fire Chief's reoommendation. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Creeo yes, Mr. Hill yes. Mr. Jaoobs yes, Mx. Miller yes. The motion carried. At this po int Councilman Bradshaw arrived and took his seat with the other members for the remainder of the sess ion. :1425 COUNCn.. CHAMBER - Maroh 11, 1940 f , A letter was read from Mr. Jrred T. Moran, in which he submitted for the Counoil's oonsideration an outline for the proposed development of Lots 38 to 43 and 44 to 49 Horman Addition, such development to consist of not more than 25 cottages of COlonial or Modified Early Amerioan Architeot- ure designed in cottage oourt arrangement, the oost of whioh he estimated would run approximately $20,000.00. In the disoussion Whioh followed the Building Inspeotor stated the oottages which Mr. Moran proposed building would not comply with the zoning regul at ions for that 10 ca tion, as to area requirement, and he recoTImended in the event the permit is granted, that the zoning of said district be ohanged so as not to violate the zoning ordinance. Mr. Crego declined to oommit himself until he could look the situation over and Mr. Miller also said he would want to see the plans before taking any aotion on the request. Mr. Moran explained that he would first want to know if suoh a development would be allowed before prooeeding with his plans. He said there would be approximately 400 sq. ft. in eaoh building instead of 896 as required for oottage oourt units. It was finally moved by Mr. Miller that 'the Council go on ri'oord as being in favor of the development, provided the plans for same meet the approv- al of the City Council. 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. By motion of Mr. Br 8dshaw, se oonded by Mr. Hill and on roll call unanimously oarried, renewal was granted on temporary permit for Nae 00 Real ty Company covering Lo ts 49 & 50 Block 133, permitting encroaohment of soreened porch on the 10 foot Atlantio Avenue set-baok of said property. A letter was read from The Boykin Advertising Agency, offering to supply the City with 10,000 new publioity booklets at a finished price of $385.00, inoluding all neoessary editorial &0. He was informed that the City had no money for suoh publicity expenditures until after the beginning of the next fiscal year, but that his offer would be oonsidered at such time as new booklets are ordered. Mr. Hand, of the Delray Beaoh News, asked that he also be permitted to quote prices on this work and was informed that his bid would also be taken into oonsider- ation at that time. Mr. Dan smith appeared at the meeting to enquire when he might e xpe ot the City to move the trees and fill in his property as previously agreed upon and was informed that this work would be done just as soon as Mike Blank could get to it. The Chairman of the Parks Canmittee reoommended that the trees in question be moved to the site of the new improvement projeot on the beach, and it was moved by Mr. Crego that Mr. Miller's recommendation 1.426 COUNCIL CHAMBER - Maroh ll, 1940 be oarried out in this regard. Mr. Hill seoonded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, 1~. Hill yes, Mr. Jaoobs yes, Mr. Miller yes.. The motion was d eolared oarried. ; Mr. McFee addressed the members in regard to the peddling of bakery products from house to house by a Boca Raton baker, olaiming that suoh ped~ling was sub- jeot to a $10.00 a day peddler's ~ioense and asked that the praotice be prohibited. Mr. MoFee claimed he had evidenoe that the man was doing suoh peddling. He was requested to bring in this evidenoe and informed that the Ci ty would either have the praotice s topped or the mn's lioens e r evok'ed. I Mr. Wm. ~. Walker, Commander of the American Legion, brought in a resolution adopted by the various oivio clubs petitioning the Counoil to pass an ordinRnoe regulating the selling or taking of orders for goods, wares and mer- ohandise for future delivery, or selling or taking orders for advertising or selling or takings orders for sub- soriptions to magazines or periodioals. By motion of Mr. Miller this was referred to the Ordinance Cmmmittee to report back to the Counoil at a future meeting. 1IT. Crego seoonded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, ~IT. Hill yes, Mr. ~aoobs yes, Mr. Miller yes. The motion carried. It was moved by Mr. Bradshaw that the following resolution be adopted: ". , " RESOLUTION 351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BE.liCH, FLORIDA, AUTHORIZING AND INSTRUCTING THE CITY CLERK TO. E'3~LISH THE FIREMEN'S RELIEF AND PENSION FUND, AND PRO- VIDmG FOR THE DEDUCTION FROM THE SALARY OF EACH FIREMAN THE SUII OF 2% OF SAID SAlARY, AND PROVIDING FOR THE HANDLING OF ALL SUCH MONEY OF THE FIREMEN'S RELIEF AND PENSION FUND. ~; J Mr. Hill seoonded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion oarried. City Engineer's report and assessment roll, totalling $2,3ll.97, oovering oost of Group 3 of the Harvel Pav ing Contraot, was submitted and examined by the Counoil, and it was moved by Mr. Crego that the report and assesSlWn t roll be approved and same be ~-~ .-f '. > :1427 COUNCIL CHAMBER - Maroh ll, 1940 '" plaoed on file in the City Clerk's offioe; and that the assessment roll be advertised eaoh week for two conseuctive weeks, together with notice to the effeot that said assess- ment roll has been duly examined and approved and that the City Council will sit to hear objeotions thereto on the 8th day of April, 1940. Mr. Miller seoonded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, l!r. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mx. Miller yes. The motion oarried'. The Clerk submitted application of John Bryant, Lake Worth, for disabled Veteran's 0 ccupational lioense exempt'- ion, permitting him to sell milk in Delrayl It wss moved by Mr. Hill that the lioense be waived and applioant be allowed to deliver milk provided he furnishes the City Clerk with a oertifioate issued by the State Milk Board showing that he and his dairy have been properly approved and lioensed as an A 1 dairy. Mr. Bradshawseoonded the motion and on roll oall the vote was as follows: Mr. Brad- shaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion oarried. Upon motion regularly made, seoonded and carried the following ordinance was plaoed on its seoond reading: ORDINANCE 350 AN ORDINANCE CONFIRMING AIm EQ,UALIZING ASSESS- MEN'l13 FOR STREET REPAIRS ON N.E. SECOND STREET, FROM N. SWINTON AVENUE TO N.E. SEVENTH AVENUE, AND LEVYING SPECIAL ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL IMPROVEMENTS; PROVIDING THE METHOD SAID SPECIAL ASSESSMEN'l13 SHALL BE MADE; THE TIME WHEN THE SAME SHALL BECOME PAYABLE; THAT SAID ASSESSMENTS TO BE LEVJED SHALL BE A LIEN FROM THE DATE OF THE ASSESSMENT UPON THE RESPECTIVE LOTS DESCRIBED Dr SAID ASSES9.!ENT ROLL AND SET FORTH HEREIN; THE MANNER IN WHICH SAID ASSESSMENTS ARE TO BE COLLECTED AND PROVIDING FOR TRE ISSUANCE OF SPEC TAL CERTIFICATES OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE ASSESSABLE PROPERTY, AND PROVIDING THAT THE CITY MAy TRANSFER AND DELIVER A PORTION OF SAID CERl'I- FICATES OF TIIDEBTEDNESS TO THE CONTRACTOR IN PAYMENT OF SAID SPECIAL DIT'ROVEMENTS. - Group.1. .. The ordinance having been read in full the seoond time, it was moved by Mr. Bradshaw that it be adopted on its se oond reading and final 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. Jaoobs yes, Mr. Miller yes. 'l'he motion carried and the ordinanoe was deolared adopted. 1428 COUNCIL CHAMBER - Maroh ll, 1940 The City Attorney reported he had been suooessful in purohasing the City's property in Blook l09 at the State's delinquent tax sale held March 9th for a price of $30.00. It was acoordingly moved by Mr. Crego that the settlement be aooepted and the 1P3.00 be paid to Mr. Cleo. Butler. Mr. Miller seoonded the motion and on roll call the vote was as foll OWS: Mr. Hradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion oarried. By motion regularly made, seoonded and oarried, the City Clerk was authorized to purohase from the Delray Beaoh News the required bond reoord sheets for the City'S new Refunding Issues, at a prioe of $25.80 for lOO ruled sheet s. The Clerk submitted a proposition for tax settlement on the following desoribed property, being 20 aores in Section l7. Ei: Nt wt E2 NEI. .. ~ wt NE.. Lot Lot Lot sWi 5 Seotion 5 If 7 SWf If l7 17 17 17 " She stated the owner was willing to pay these taxes on the adj~sted basis now in effeot, whioh settlement would amount to $l85.80 oash, but that he was not willing to pay added attorney's fees for legal expense inourred on foreolosure suit previously entered into on said property by the City, and whioh he had been asked to reimburse the City for. Inasmuch as the property in question was unimproved acreage, removed from all paved highways, and would be once more plaoed on the current tax roll by the proffered settlement, the members were favorable to aooepting payment as tendered, and it was aooordingly moved by Mr. Crego that the amount of $l85.80 be acoepted and the owner be given reoeipt there- for. Mr. Hill seoonded the motion and on roll oall the vote was as follows: Mr. J:Jradshaw yes, Mr. Crego yes,' Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion oarried. The Mayor questioned the City Attorney in regard to fines assessed in the municipal Court, enquiring whether it was not required that the Judge enter on the dooket sheet exactly in what manner or on what terms the sent- enoe or fine is to be served or paid. Mr. Nowlin stated that such praotice was recommended. After some disoussion along these lines, the Mayor ruled that henoeforth the dooket sheet must show olearly on what terms the Judge agrees to allow fines to be paid on the installment plan, and the dates partial payments are to be made thereon and that in oases where the ~udge, at a later date, deems it desirable to ohange or remit a sentenoe that he bring such 1429 COUNCIL ~imER - March ll, 1940 a reoommendation before the Counoil for the members's approval. It was stated, further by the Mayor. that the Chief of Polioe had no authority to change or remit sentences or make terms for payments of fines. It was moved by Mr. Crego that bills numbered 5300 to 5363, having been O.K'd by the Finance Carumittee be returned to the Counoil and ordered paid. Upon re cOllllllenda t ion of the Mayor, it was moved by Mr. Bradshaw that the Chief 01' Police be asked to furnish a thousand dollar bond, same to be paid for by the City. Mr. Hill se conded the motion and on roll oall tbJ vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ~acobs yes, Mr. Miller yes. The motion oarried. Upon motion of Counoilman Miller, seconded by Mr. Hill, and on roll oall unanimously oarrie ll, the City Engineer wss authorized to purchase 4 wheelbarrows from Joe Priest at a price of $ 12.50 eaoh. These were needed for the beaoh beautification projeot, Mr. Miller stated. It was regularly moved, seoonded and carried that Council adjourn. ~t1/~). Cvr-IJ ty C erk AI'PROVED: ~~~~ Ma .