07-08-40 Regular
,
."~"."
...'....... .H.:.",._.
>,' .'..
\'. .
\1"1.
" I
.: I
i:
1 '.il
i . t,,-.:,
'I
l"t""' ' .
f i::"::_ 1'4>
II ,. . ....
~J.~:~::;~'i.
j
..
'\
\
,
14:90
COUNCIL CHAMBER
J'uly 8, 1940
The Council met in
wi th the city At torney and
present.
regular session at 7:~ E..M.
all members of the Council
By motion regularly made, seoonded andcarried
the minutes of the regular meeting of JUne 24th were
approved as read.
Application from H.C. Lane, for position of
motoroyc1e policeman was reoeived, read, and by motion
of.Mr. Miller seconded by Mr. Hill and unanimously
ol!lrried, ordered fUed until such time as the City
decides to employ an extra po1ioe officer.
The following petition was received and read:
City Council
Delray Beach, Fla.
Gentlemen:
We, the owners of the new Presidential build-
ing and the Patio De1ray on Atlantic Ave., hereby
respectfully ask that that side of At1antio Ave.,
running from S.E. 7th Ave. to Palm Square, be
widened to the sidewalk in order to provide nec-
essary parking spaoe for these business establish-
ments during the winter months, identioa1 to the
parking space in front of the Boyd Building.
In order to increase this proposed spaoe,
we also ask that the second and fourth palm trees,
counting from 7th Ave. to Palm Square, be removed.
Respeotful1y yours,
Is1 Clara R. Dennis
!s! W. F. Dennis
/s/ H.J'. Ostro
, The proposal was dis oussed, some of the members be ing
favorable to the removal of the trees; others, being
opposed to this, stated there were too few trees in
the town and suoh beautifioation was desirable. It
was finally moved by Mr. Miller that Counoi1 defer
aotion and the request be filed for further oonsideration
at next meeting. Mr. Crego seoonded the motion whioh
oarried unanimously.
14:91
COUNCIL CHAMBER - July 8, 1940
A letter was read from Mrs. Graoe E. Sparks,
in whioh she offered to sell her five aore traot West
of the oemetery, to the City, for a prioe of $50.00.
The members stated this property was too low to be of
any use to the City for oemetery purposes and the oom-
munioation was ordered filed. The Clerk was direoted
to advise Mrs. Sparks to this effeot.
A letter from the City Engineer was submitted
and read in whioh he stated it was highly improbable
that the City would be able to obtain any W.P.A. projeot
for the oonstruotion of sidewalks in oolored town;
therefore he submitted the following itemized estimate
Showing what it would cost the City to oonstruot an
eight foot sidewalk along one side of one City block,
running North and South.
1200 Lin Ft Headers
60 au Yds rook
Labor grading
Labor finishing
$ 42.00
120.00
50.00
25 . 00
$237.00
..,.
He further reoommended, as a means of partially refund-
ing the City for cost of such construotion that liens
be issued as outlined in Section 162 of the City Charter.
His letter stated there was suffioient rook on hend to
construot one b1ook, requiring an immediate oash outlay
of only $117.00. He reoommended'that the fill removed
in suoh oonstruotion work be deposited on Gleason
Street. In disoussing the reoommendation it was deemed
advisable to make the walk five feet in width instead
of eight, thus allowing for the future widening of the
street. It was aooordingly moved by Mr. Bradshaw that
the City Engineer's reoommendations be approved and
that a five-foot sidewalk be construoted on the East
s ide of N. W. Fifth Avenue, extending from At1antio
Avenue to N.W. First Street. Mr. Hill seoonded the
motion and on roll oa11 the vote was as fo110wa: Mr.
Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs
yes, Mr. Miller yes. The motion carried. It was aocord-
ingly moved by Mr. Miller that the following resolution
be adopted:
,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUIRING THE CON-
STRUCTION OF A SIDEWALK IN BLOCK 28 OF THE
CITY OF DELRAY BEACH, FLORIDA, ON NORTHWEST
FIFTH AVENUE.
RESOLUTION NO. 366
.
. '.j''''
'~':lt'~.....
COUNCIL CHAMBER - J'uly 8, 1940
Mr. Crego seoonded the motion for adoption and on roll
oal1 the vote was as follows: Mr. Bradshaw yes, Mr.
Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes.
The motion oarried.
The City Engineer reported that the sidewalk in
front of the Crawford Property, Lot 8 At1antio Palm
Nursery, had settled from one to four inches and there-
fore did not meet:. the elevation of the new sidewalk
being oonstruoted for the City, by Grover Baker. He
asked the Counoi1's advioe in regard to raiSing the
Crawford stretoh of sidewalk to meet the new elevation.
Beoause of the possibility of further settlement, it
was deemed inadvisable to go t~ the expense of raising
or building up the level of the Crawford walk at this
time. To remedy the existing oondition, it was moved
by Mr. Crego that approximately twenty feet of the West
end of the Crawford walk be raised at a gradual slope
to meet the level of the new walk now being oonstructed.
Mr. Hill 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. The motion
oarried.
.r
Henry Baroh appeared at the meeting asking
spe cia1 permiss ion to construct a business bu 11 ding
directly on the front line of Lot 11 mock 99, instead
of allowing the 10-foot setbaok required by the ordin-
anoe. The building inspeotor did not recommend such
speoia1 permission, and it was moved by Mr. Bradshaw
that the speoia1 permit be not granted. Mr. Hill
seconded the motion and on roll oa11 the vote was as
follows: Mr. Bradshaw yes, Mr. Crego no, Mr. Hill yes,
Mr. Jaoobs~es, Mr. Miller yes. The motion oarried.
a.E. Rugg asked speoia1 permission in the matter
of building permit as follows:
That he be permitted to erect a garage on Lot 27
and the South 15 feet of Lot 26 Seabreeze park,
before construction of the main residence, suoh
garage to be used to house his superintendent
while employed on the ereotion of the house.
Also pe~ssion to encroaoh 9 inches on the 25%
side-ya~~fequirement, said lot being 75 feet
wide, 75% of which is 56.26 feet, whereas his
floor plan measured 57 feet.
After disoussion it was moved by Mr. HU1 that
the Zoning ordinance be adhered to am permiss ion be
not granted for construction of t he garage prior to
the main building. Mr. BradShaW seoonded the motion,
Which on roll call carried unanimously.
14:93
COUNCIL CHAMBER - July 8, 1940
It was moved by Mr. Bradshaw that speoia1
permission be granted Mr. Rugg for the nine inch eno~oaoh-
ment on side yard requirements, whioh concession was
sanctioned by the building inspeotor. Mr. Miller seoonded
the motion, which on roll call, carried unanimously.
Bids were submitted by A.T. Smock and R.I. Mao-
Laren for lettering Foy Shiver's three produce trucks
with Delray publicity signs. After discussion, it was
moved by Mr. Crego that these bids be filed for future
cons ideration. Mr. Bradshaw seconded the motion, which
carried unanimously, on roll call. '
City Engineer's report and assessment roll,
totaling $1,338.92 covering oost of grading and paving
alley through Block 74, was submitted and examined, and
it was moved by Mr. BradshaW that same be :p1aoed on
file in the City Clerk's office; Bnd that it be adver-
tised Baoh week for two consecutive weeks, together with
notice to the effeot that said assessment roll has been
duly examined and approved by the City Counoil and that
the City Council will sit to hear objections thereto
on the 12th day of August 1940. Mr. Hill seconded" the
motion and on roll oa11 the vote was as follows: Mr.
Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs
yes, Mr. Miller yes. The motion carried.
It was regularly moved, seconded and carried
that the following ordinance be p1aoed on its second
reading:
ORDINANCE 365
'.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, IN
PALM BEACH COUNTY, FLORIDA, PRESCRIBING AND
SETTING FORTH RULES AND REGULATIONS FOR THE
FILING AND DISPOSITION OF APPLICATION FOR
SPECIAL PERMITS AND FOR RE~CLASSIFICATION
UNDER ZONING ORDINANCE OF PROPERTY LOCATED
WITHIN THE: CITY OF DELRAY BEACH, FLORIDA, AND
REPEALIN~G ALL ORDINANCES, OR PARTS OF ORDIN-
ANCES, OFAl1 AS THE SAME ARE IN CONFLICT
HERE'NITH .
,
The ordinance~aVing been placed on its second
reading, it was moved by Mr. Miller that it be adopted
on its second reading and :final passage. Mr. H111
seconded the motion and on roll call the vote was as
follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes,
Mr. Jacobs no, Mr. Miller yes. The motion oarried.
Pursuant to the passage of the ordinance, it was moved
by Mr. Miller that a special election be oal1ed for
August 6th to vote on the arioption of said ordinanoe 365.
14:94
COUNCIL CHAMBER - J'u1y 8, 1940
Mr. Crego seoonded the motion, which on roll call,
oarried unanimously.
Mr.' Crego brought up the matter of sidewalk
repair on the South side of the Seacrest, running West
from the hotel entrance. lie said it was dangerous to
pedestrians, and made a motion that the City Engineer
make a profile of same to submit at next Counoi1 meet-
ing, so that members may determine the best way to
remedy the condition. Mr. Miller seoonded the motion
which on roll call, carried unanimously.
Councilman Miller recommended the installation
of two ventl1ators upstairs in the City Hall building
at a bid prioe of $42.50. Counoi1man Bradshaw moved
that Mr. Miller's recommendation be oarried out and
these ventilators be installed. Mr. Crego seoonded
the motion, which oarried unanimously.
It was further moved by Mr. Miller that the
City Clerk be authorized to purchase two awnings for
the two downstairs front windows. Mr. Crego seconded
the motion, which oarried unanimously on roll oall.
Mr. Miller said the pavilion would have to be
painted before the Winter season, and it was aocord-
ing1y moved by Mr. Bradshaw that bids be oa1led for,
for the painting of the pavilion East of the Boulevard,
according to specifioations to be SUpplied by the City
Engineer, the City reserving the right to rejeot any
or all bids. Mr. Crego seconded the motion, and on roll
oa11 the vote was as follows: Mr. Bradshaw yes, Mr.
Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes.
The motion carried.
Counoi1man Miller suggested that two flOOdlights
be installed at the swimming pool at An approximate oost
of $100.00 the electrical work to be done by John Gregory.
He felt this would encourage night bat*ng and stimulate
interest in the pool. Mr. BradShaw was fraid there
would be objection from adjoining resid nts ann hotel
patrons and recommended that the propOSition be looked
into a little further before acting on the suggestion.
It was moved by Mr. Miller that bills numbered
5709 to 5759 having been approved by the Finanoe Cmmmittee
be returned to the Council and ordered paid.
By motion regularly made, seoonded and oarried,
Counoi1 adjourned.
,
APPROVED: ~
_~a~
Mayor .
~yo.(2. rA~~.
ty C ark
:1495
COUNCIL CHAMBER
July 8, 1940
The Counoi1 met at 10~00 P.M. immediately after
Counoi1 meeting, as a Board of adjustment, with all
members present.
>
The matter of adjustment of taxes and improvement
liens outstanding against Lots 2,3,4,11 and 12 B100k 83
was taken up. A letter was read from E.N. Andrews,
in which he stated that these lots had been aoquired
by him from the State, under the impression that they
were deeded free and olear of all munioip.a1 liens but
that sinoe the Court had ruled that City liens were
valid he would turn the property baok to the State un-
.1ess the City could make a substantial adjustment of
such liens, on a basis which would warrant his carrying
the property for another five years, at 1mich time he
hoped to be able to find some good use for the lots,
which were of no value at the Dresent time. For taxes
and liens amounting to $2,016.32, ino1uding the ourrent
year 1939, he offered a oash settlement of $145.00.
After disoussion, in whioh it was stated that
this property was not desirable, and would probably
not be redeemed or taken over by anyone else, it was
moved by Mr. Miller that the City accept Mr. Andrew's
offer, in settlement of delinquent taxes and liens.
Mr. Hill seconded the motion, which on roll call
oarried unanimously.
Meeting regularly adjourned.
<.
,
'.
Su~,Q~~
y erk
APPROVED:
-~-
14:96
COUNCIL CHAMBER
JUly 8, 1940
The Council met at 9:00 A.M., pursuant to duly
published notice, and in accardance with the ordinances and
Charter of the City, as a Board of Equalization, with the
following members present: Mr. Bradshaw, Mr. Crego, Mr.
Hill and Mr. Jacobs. Mr. Miller was absent.
The following property owners inspected the assess-
ment roll, and enquired as to valuations placed on their
various properties,
Mr. J. M. Sabath, Alex Simon, A. Simon Eassa,
Ben Adams, Mrs. Tenbrook, Adolf Hofman, C. T. Eaton,
E. P. Soherer and others.
(
Mr. Sabath requested an adjustment on a valuation
of $5,044. assessed against (the S100' of the N 200' of
Et of Lot 12, Section 8) alleging that his house was
over-valued, compared to neighboring residences of similar
oonstruction. It was agreed to refer this to the Tax
Appraiser for re-appraisa1 and adjustment.
A. Simon Eassa asked that valuations be reduced on
all his properties, as follows, stating the income there-
from did not warrant his paying the amount of taxes
assessed against them.
~
B100k 110 Lot 14
B100k 10 The N 150' of, less a 50' lot.
All his property located in B100k 22
Block 30 Lots 1, 2, 3
B10 ck 32 Lot 35
,
\
Alex Simon oomplained that his assessment of $7,123.
was too high compared to ~. L. Love's adjoining business
property in Block 93. He also considered his So. Federal
Highway lot valued too high. The Board agreed to investi-
gate these and advise him as to final decision.
Mrs. Elizabeth Tenbrook appeared before the Board,
aSking a reduction in assessment placed on her business
property in Block 77, also B100k 64, which is vaoant
non-revenue producing property.
Mr. Adolf Hofman asked for some consideration in the
assessment on his North Federal highway property, stating
that the prevailing zoning ordinance prevented him from
finding sale or use for it.
,
14:97
COUNCIL CHAMBER
JUly 8, 1940
C. T. Eaton ob jected to the valuations placed on
the Kentucky House properties, Block 12~, whi ch values
had been raised more than 50% over 1939. It was pointed
out that the valuation was fair and equitable compared
with other surrounding property; that he retofore it had been
under-assessed and the 1940 valuation was deemed fair and
equi table.
No action was taken on any of the complaints, it
being agreed to look into eaoh individual oase and make
recommendations at a later meeting of the Board When all
members are present and inform complainants as to the
Board's deoisions in the various instanoes.
All complainants having been heard, and there being
no other property oVllllers present asking consideration, it
was regularly moved, seconded and carried that Council
adjourn. The Board adjourned at 12:00 noon, to meet
again the following day.
~cLL~A)'Ct~
city Clerk
APPROVED:
Qt:J~