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10-14-40 Regular 1561- COUNCIL CHAMBER Ootober 14th. 1940 The Counoil met in regular session at 7:30 P.M. wi. th the Ci ty Attorney and all members of the Counoil pre sent. , The Clerk read the minutes of the regular meeting of September 23rd and the speoial meetings of Ootober 1st. and 7th., and those {)f Obllober 1st. were ordered amended to read that Mr. Sweitzer had agreed to drill the test well' for a prioe of $200.00 plus freight oharges not to exoeed $200.00, oovering transportation of his equipment to Delray and back. With this amendment, the minutes of the last three meetings were approved as read. , Clint Moore addressed the meeting, stating the City Attorney had found that the City was not permitted to issue promi!fory notes or other negotiable paper, in payment of the work done by his dredge and therefore he requested that the City make a more substantial oash payment than previously agreed upon. Mr. Nowlin explained his ruling in this regard by stating that a provision in the State Constitution preoluded the issuanoe of bonds by a munioipality w11h out s a vote of the people and the oourts had ruled promisory notes or other evidenoes of indebtedness to be the same as bonds, tharefare the City oould not give Mr. Mooe notes or IlBke a direot agreement to pay the amount owed at any oertain future time. Arter disoussion it was reoomnended that Clint Moore present his bill, whioh oan then be app- roved, by the Counoil, for payment, when funds are available. The City in this way, would recognize the debt, and the Clerk oould be instructed to make payments as moneys are available. Bids were reoeived as follows for furnishing and driving six (5) mooring piling in the City Yaoht Basin, under the supervision of the City Engineer; ;T. E. Carver $.97 per foot, total lineal feet to be paid for to be not less than (150'). G. C. Baker $1.50 per foot, total lineal feet to be paid for to be not less than (150'). It was explained that this work had been reoonnnended by the City Engineer, and should be, done before the Season started. It was aooordingly moved by Mr. Miller that bid be awarded ;T. E. Carver, low bidder on the job, and the City's aooeptanoe be Signed by the Mayor, as of Ootober 14th. Mr. Bradshaw seoonded the motion which, on roll oall, carried unanimously. It was moved by Mr. Miller, seconded by Mr. Bradshaw, and, on roll call, oarried unanimously, that the following Resolution be adopted: .' , COUNCIL CHAMBER - Ootober 14th. 1940 :1562 RESOLUTION 378 \,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN STREET IMPROVEMENT, VIZ. "PAVING N.E. EIGHTH STREET BETWEEN N. E. FIFTH AVENUE AND N. E. SIXTH AVENUE. Report of the Engineer on the above work was also read and referred to the Street Committee for further investigation, it being moved by Mr. Crego, seoonded by Mr. Hill, and on roll oall unanimously carried that the following resolution be adopted. 'RESOLUTION 379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING PLANS AND SPECIFICi.'1'IOl'& OF THE CITY ENGINEER FOR CERTAIN STREET IMPROVEMENT WORK, VIZ. "PAVING N. E. EIGHTH STREET BETWEEN N. E. FIFTH AVl!NUE AND N. E. SIXTH AVENUE. .' , ~ Applioation of M. F. Riley for speoial bUilding permit was submitted, in whioh he asked pennission to extend a straight level stone terraoe floor from the East side of the Snow Gle:q- Apartment House on Bronson Street to the wall reoently ereo~d by him, said level oovering thereby eliminating 'a floor with two different levels or steps in it, the former being a muoh safer arrangement, aooording to. statement of applicant. ,. The Building Inspeotor stated that a terraoe is ooIiSidered as part of a bUilding, and in paving to the lot line, it violated the zoning regulations governing lot-line requirements. For that reason a speoial permit was required. It was therefore moved by Mr. Crego that the request be tUrned over to the Zoning Commission far investigation, same to be referred baok to. the Counoilin the usual way. Mr. Bradshaw seoonded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;Taoabs yes, Mr. Miller yes. The motion oarried. . A proposition from the Delray Beaoh News was reoeived, solioiting publioity advertising in a speoial supplement to. be printed in the November 1st. issue of the Delrsy Beaoh News, said offer being $45.00 for City advertisamnt of one page. It was maved by Mr. Miller that the City take one page in this speoial supplement, like the proof submi tted, oarrying illustrations and a good will message from the City Counoil. Mr. Crego seoonded the motion, and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;Taoabs yes, Mr. Miller yes. The motion oarried. . The Clerk reported b8''l/ing reoeived a letter from the Florida State Milk Connnissian to. the effeot that ;Tohn BrYant af lake Warth, had fulfilled dairy inspection requi :reIl'ents and was privileged to. sell milk in Palm Beaoh County without a license, and had there fare been issued a Veteran's Exempt license far Delray BeacA. 1563 COUNCIL CHAMBER - Ootober 14th. 1940 Upon request of the Fire Chief, it was moved by Mr. Bradshaw that he be authorized to. purohase ten blankets, 95% waal quality, at a prioe af $3.00 each, for use of the firemen sleeping in the City Hall. Mr. Hill seoonded the motion and on roll oall the vate was unanimous and the motion was deolared oarried. ~cr It was reported that the City had no flag, and after dis- oussion it was moved by Mr. Bradshaw that the Fire Chief be autharized to order two flErgs, one with double staff at a prioe of $5.50 and one without staff, for use on the Beaoh pavilion. Mr. Miller seoonded the motion, whioh oarried unanimously on roll oall. t' The Fire Chief reported the need of a fire fighting ladder, stating that the d.epartment had none that would reaoh to a third story.fire. He reoommended purohase of an aluminum ladder, but Counoilman Miller thought probably these would get too hot and would therefore be impractioal. He recommended that the fire ohief enquire further about these from other oities whioh have purchased aluminum ladders. Arter diseussion however, it was moved by Mr. Miller that the Fire Chief be authorized to purchase a suitable ladder ,far his department. Mr. Hill seoonded the motion, which on roll oall, oarried unanimously. . The Mayor reported that sane little improvements were still needed in the Police Department offioe, and reconnnended that a rack be built for holding office reoords and a railing similar to that in the Fire Chief's office be installed by John Gregory. It was aooordingly moved by Mr. Miller that the Mayor be authorized to fix up the Police offioe as he sees fit. Mr. Bradshaw Beoonded the motion, whioh oarried unanimOUSly on roll oall. I Upon the Mayor's reoonnnendation, it was moved by Mr. Bradshaw, seoonded by Mr. Crego, and on roll oall unanimouSly carried, that the City pay $15.00 per month, beginning Ootober 1st.. towards the Firemen's Club dues. , "1 , A discussion ensued as to water heating faoilities for the firemen's quarters, whether electrioal or solar equipment should be installed, but no aotion was taken, it being reocmnended that the matter be given a 11 ttle more thou~t. The parking proposition in the vicinity of the City Park again oame up for consideration, it being suggested by Counoilman Miller that a parking area be provided along the West side of the park, North of the reoreation grounds and East of the band-stand. The Mayor was not satisfied with the suggestion however, still favoring a paved street East of t he park and adjacent to the Canal. It was agreed to defer aotion and take the matter up again as a special order of business at some future meeting. The l!=ual report of the swimming pool was read in, detail and ordered f'i 1 ed . 1564 COUNCIL CHAMBER ~ Ootober 14th. 1940 Upon reoommendation of the Chairman of the Parks Committee, the purohase of a new diving board was authorized to r eplaoe the oraoked board now in use. .< Mrs. Cromer, Mrs. Walsmi th and E. B. Niohols, owners of three of the looal beauty parlors submitted an ordinanoe defining and regulating the praotioe of beauty oulture, and asked that the Counoil pass same as an emergency ordinanoe. The Mayor said he was not in favor of rushing suoh ordinanoEis through without due oonsiderat ion. All members stated they were famil- iar with its contents and the City Attorney stated he had gone over it 8.1ld believed it was a good ordinanoe. Arter muoh disoussion it was regularly moved, seoonded and unanimously oarried that the follow- ing ordinanoe be plaoed on its first reading. ORl2ThTANCE :'IRO ) AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, STATE OF FLORIDA, DEFINING THE PRACTICE OF BEAUTY CULTURE AND MANAGEMENT OF BEAUTY SHOPS, AND REQ.UIR- ING A LICENSE OR CERTIFICATE OF REGISTRATION AS A CONDITION TO ANY PERSON PRACTICING BEAUTY CULTURE OR ANY PERSON ATTEMPl'ING TO MANAGE OR OPERATE A BEAU'IY SHOP, AND PRl!SCRIBING THE TERMS.AND COND!'PIONS UPON WHICH THE LICENSES OR CERTIFICATES. OF REGISTRATION MAY BE ISSUED TO ANY PERSON TO ffiACTlCE BEAUTY CULTURE OR TO MANAGE OR OPERATE A BEAUTY ffi OP IN THE CITY OF DELRAY BEACH, STATE OF FLORlDA;CREATING A CITY BOARD OF BEAUTIC- IAN EXAlIlINERS AND DEFINING AND DECIARING ITS POWER AND DUTIES; REGULATING THE PRACTICE OF BEAUTY CULTURE AND MANAGEMENT OF BEAUl'Y SHOPS BY THOSE LICENSED HEREUNDER: IMPOSING CERTAIN FEES UPON ~ONS APPLYING FOR LICENSE, OR CERTIFICATES OF REGISTRATION TO PRACTICE BEAUTY CUl.- TURE OR OPERATE OR MANAGE A BEAUl'Y SHOP OF THIS CITY; AND APProPRIATING THE mOCEEDS THERE-OF TO ACCOMPLISH THE PURPOSES OF THIS ORDINANCE; AND PRESCRIBING FENAL- TIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AND REGUlATIONS tu!iltEUNDER. r I I , , It having been reoited as an Elllergenoy ordinanoe; it was moved by Mr. Crego, seconded by Mr. Hill, and on roll oall, unani- mously oarried, that it be passed on its first reading and final passage. It was moved by Mr. Miller, seoonded by Mr.' Crego, and on roll oall unanimOUSly oarried that bills numbered 5024 to 5108, having been approved by the Finance Committee, be returned to the Counoil and ordered paid. It was moved by Mr. Crego that the Golf Course fill its traotor and equipment at the City gas tank, thereby benefiting by the tax exempticn allowed on €!f3.s for oity truoks. Mr. Hill seoonded the mot ion, which oarri ed unanimously, on roll oall. COUNCIL CHAMBER - Ootober 14th. 1940 :1565 After disoussion, it was moved by Mr. Hill that the salary of ;Tohn Gregory be raised to $125.00 per month, said inorease to beoome effeotive as of October 1, 1940. Mr. Bradshaw seoonded the motion, whioh carried unanimously, on roll oall. \ Dr. Williams' proposition for tax settlement and property exehangethen oame up for onsideration. Members stated they would like to see this property go baok on the tax roll but that it was impossible for the City to make a deal on the basis requested sinoe considerable bond levy moneys were involved and would have to be replaoed by money out of the general operating fund Whioh oould not be spared at this time. Therefore the Clerk was direoted to write' Dr. Williams, advising him that the City was not finanoially able, at this time, to reimburse the Bond Debt Fund for 1he amount af bond taxes Qaae~lled in the requested trade. tfUr 1A1f1..t. he ~bd.fto<1 It was regularly moved, seoonded and unanimously oarried, that Counoil adjourn. J> ~"iuJ. Q tYfMf Ci ty C1ElL'k f A.PPRDVED: i O;:Z/~ May