01-23-39 Regular
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COUNCIL CHAMBER
January 23, 1939
The Counoil met in regular session at 7:~0
P.M. with the City Attorney and the following members
present: Mr. Bradshaw, Mr. Crego, Mr. Hall, lIr.lIill.'
and Mr. Killer.
The minutes of the regular meeting of January,
2nd and the special meeting of January 9th were ap"pr<>vedi';"
as read.:";'
Acommunication from Russell O. Morrow. '. .... .
County Chairman of the Int'antile Pif~alysis p'und~1;iv~'.l'){'
asked that Delray and other munic1Ilal1t1es .in the ...'~'"I;~A
County contribute $25.00 each to saldfund.," It )~~s*t";
moved by Mr. Bradshaw, seoonded by Mr. Crego, aj4"'. '
on roll call unanimously carried that Delray BellCh ' <t~
comply with this request.'
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, (The following letter from Mr. ZCIi)k i~r'&g,lf.'~,;'~~W:~
to changi'ng the zoning ordinance was sUbmittedbY.,ti~i:r';"
Clerk. "" ". "
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COUNCIL ctiAiBER - JanlB ry 23" 1939
After discussion it was moved by Mr.. Hall,. .
seconded by Mr. Miller and on roll call unanimously
carried that this take the same procedure as prior
requests, viz. that it be filed with other such
requests and the change made when amendment is fin-
ally drawn to the zoning ordinance; and in the maan~
time the Building Inspector be instructed to issue no
permits for zone "B" construction on ~ts 7 to 28
inclusi ve, Seabreeze Park Subdivision. ;,
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Mr. Wood Cowan then presented~ for the
Council's inspection, cottage court layout for con..
'struction on the West 170 feet of the NiBlock 164,
stating that same had been planned and blue-prints
filed wi th the Building Inspector prior to Changing.
said block 164 from "B" to "A"Zon'8. He' asked the
Council's a pproval of same so that work could proceed
in the future without interference. It was moved
by Mr. Hall that the submitted layout be approved and
Mr. Cowan be permitted to build according to said.
plans. Mr. Bradshaw seconded the motion which carried
unanimously on roll call.
The following letter from Jas. Robin8on"
colored employee of the City, was read by the Clerk.
Delray ~e~oh, Florida
January 17th, 1939
TO THE CITY COUNCIL OF DELRAY BEACH
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Gentlemen,
I haV'ebeen working for the City of Delray
Beach about eleven years, and I have done #till
best to please you and those over lIle. Intl'Ome
way at health has been ruined by working in
S~ PIEZ. The doctor says that I will have
,to take six shots. I ,am unable to pay for
themjtherefore I am asking the CltyOouncll
of DelrllY and the off! dals of the' Oi ty to
please help me. An1thiog. you do f01,'me will-
be gl'eatly appreciated. I>)}ave been Off frOm
work about two weeks thus far. Please help
me if you can. '
Very truly yours,
J'ame~ RObi.nsons
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COUNOIL CHAMBER - January 23, 1939
Mr. Crego made a motion to the effect that
this man be taken care of by the City, but the motion
reoeived no second. Upon eIlfluiry, Mr. Baker informed
. the members that Robinson was now back on the Job but
still required treatment by the doctor. Mr. Hall fin-
ally moved that he be informed that he must file some
proof or medical, certificate as to his dtsability.
This motion received no second, and it was then moved
by Mr. Miller, seconded by Mr. Crego and unanimously
carried that the matter be referred to the Street
Oommittee for investigation and report~
Oouncilman Hall reported that the Delray
Oivio League had,invited members of the Council to
attend a meeting of their organization Monday night,
January 30th at 8:0Q P.M. for the purpose of dis-
cussing ways and means of improving sanitary oonditions
in colored town. Several members of the Oouncil
agreed to attend the meeting.
Applioations were received from D.J. Davis
for position of SanitarY'and Building Inspector and
from E.A.Kenyon for the position of Plumbing Inspect-
or at astiplilated salary of $eo.oo per month. By ,
motion of Mr. llU.ler, seconded by M1-. HUl and un-
animously oarried, same were ordered filed with other
applications uritll such time as the OOUnoil is pre-
pared to act on this matter.
,. A petition, signed by one hundred and six-
teen tourists and citizens, asked that JackXay be
reinstated as Life Guard. It was moved by Mr. Crego
that the petition be filed for future consideration.
Mr. Miller sellonded the motion and on roll call the.)
vote was 1,UUln1lilous and the motion was declared carried..)
Special approval of the Oouncil was asked on
building permit application of O..E. Rugg,who proposed
to build a 64'3" building on an 85' lot. He asked
that the 2t' easement be considered part of his side
y~1"d thereby providing the rllquired 5' side yard allow;.
anoe oalled for in the zoning ordinance. Mr. Hall
said inaSmuch as this would ,,,,complish ,.the purpose of
the side yard reqUirement, ~oh was merely to provide
sUfficient air space bet~en bUildings, he movedtaat
the 2i toot easement be considerea.'pll.:r:t of Mr. R~gg~.<>)
side, yard andpermi t be ',granted. on tl'!:~I!,)l?;,~ais..JfJ;,,"~]'l.~~.
seoolldecl'the motion which carried unaif!MousIY.,C(
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", 'l'!ieOlerk submitted on its second read~~~
Ordinapce 258, BOOk 4. The ordinance Was read lh"f'ull
but n.~lYelected councilmen who had not been p~~~~t '
at the first reading of the ordinance requestedtl'yit
actio.n.be deferred on same to give them an oPportunity
to f~iliarize themselves with the prOVisions, Of said
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COUNOIL OHAMBER . January 23rd, 1939
ordinance. Oouncllman Miller also recommended that
the sidewalk requirm&n~s in same be changed, as he
considered 4" was not, deep enough'on the outer edge.
Others recommended'that sidewalks be constructed
with a curb where same abutted directly on a paved'
street. Grover Baker who was present, said side-
wilks would still break, even though constructed
with curb. Be considered the paving requirement ot
5 inches Of compressed rock was too great for private
driveways. It was finally moved by Mr. Bradshaw
that action on same be deferred until next meeting
of the Council. Mr. Crego seconded the motion which
oarried unanimously.
It was moved,
the following ordinance
ORDINANCE 259
seconded and carried that;.,.,";i~
be plaoed on its second readlD1~~~
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BOOK 4
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AN ORDINANCE OF THE CITY OF DELRAY BEAOH,
FLORIDA PROVIDING FOR LICENSE FOR CERTAIN
MACHINES OR DEVIOES OPERATED BY COIN OR
OTh!!aiWISE, AMOUNT OF SUCH LICENSE AND PRO-
VIDING FOR A PENALTY FOR Tn POSSESSION,
USE OR OPERATION OF SUCH MAOHINE OR DEVICE
WITHOUT SUOH LIOENSE BEING OBTAINED.
RESOLUTION 260
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BOOK 4
Theordinanoe having been read in
theseoond time, it was moved by Mr. Hall that
be passed on its second reading. Mr. Miller
the motion and on roll oall the vote was as
Mr,' Bradshaw no,Mr. Crego yes, Mr. Hall yes, Mr.
Bill yes and Mr~ Miller yes. The motion carried.
It was moved by Mr. Miller that the
ing resolution be adopted:
REQ.UESTING AND AUTHORIZING FLORIDA POWER
Be. LIGHT CCJlPANY TO INS'1'ALL SEVEN (7) 100
OF, ORB TYPE, COMPANY. OWNED STREET LIGHTS
AND TO RESTORE TO S!:RVICE ONE (1) 100 OF,
ORB TYPE,OOMPANY OWNED STREET LIGHT AND
ONJ: (1),100 OF, 1'lV'lUG ~, COMPANY O~ ,
STREET LIGHT IN THE OI~ OFDELRAY BEACH,
FLORIDA, ALL OF SAID ~ (Ill STREET
LIGHTS TO BE THEREAFT!:R SERVED AND PAIr> FOR
~ TIlE .CI'l'Y IN ACCORDANCE WI'l'H: THE TERlIS
AND CONDITIONS OF THAT CERTAIN WNICIPAL
STREET LIGHTING AGREEMENT DATED THE 13m
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COUNCIL CHAMBER - January 23rd, 1939
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DAY OF SEPTEMBER, 1937, NOW IN EFP'ECT
B.E'l'W~c THE OI'l'Y' OF DELRAY BEAOH, FLORIDA,
AND SAID OQMPANY; AU'l'HORIZ;rNG AND DI~CT..
ING THECI'fYCLERK, OF AND ON B~LF OF
THE CITY OF DELRAYBEACH ,FLORIDA, TO
DELIVER A CERTIP'IED COPY OF THIS RESOL-
UTION TO FLORIDA:POWER & LIGHT OOMPANY
AS 'WRITTEN NOTICE 'TO' INSTALL THE SAID
SEVEN (7] Sl$EETLIGHTS AND RESTORE TO
SERVICE'THE SAID TWO (2' STREET LIGHTS,
AND THEREAFTER SERVE THE SAME UNDR THE
SAID MUNIcIPAL STREET LIGHTING AGREEMENT.
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Mr. Bradshaw .e4~ndedcMr. Miller's motiOn for
adoption and on toll call the vote was unanimous
and the motion was declared carried.
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TheOl.rk brought up the matter of met,:
~::;~ss~;:;:et~t~l1;;~: ~:~a:~e h~~1~:~d;~~e't;~~#4
in payment of Same inad~In'4:. \tilth Section 158 C'!f>~ii"
the license ordinance., alt~ug1!i.it was not thCl,;j~.'
intent of saidaeetLon to 1:1oense merchants.whlil 7M!~~
carried a regula~ stookOf meronandise in e:xce~..".:M~;
Oft200.00.' If; was the opinion of the City A11'#'~~~~. :'i9]i;'j;i
that said secthil, as written, would be. interpr_~,.':ci4f~l'l
to mean any and all merchants, and based On hi,S ~l)"',., ..' .... ..':
inion, it was mOved bYll3;'j~ Hall that the CitY~~~~~f;i".'.("
b.e ,authorized to accept "'5.00 license from t.ll;,,,jt!i':i"';j;~~~
Delray LumberOompany and refund the d1fferenc..'"o};~,~~
firms who have. paid an i.proper amount. Mr. Cr,.gJil:;~'
seconded the motion,. which on roll call carrie~.'. "'i\fi~~
unanimoUsly. !t was recommended that the ordinalfC)j:i;;~1
be corrected as to said section 158. ,:)~
The Olllrk reported{the time had arrived' 'Z~~~~
fthorts,~~rtcingon the 1939 tax appraisals and aske~"\"~~,;,,.,,.;,,:,..:,.
a '-C' , romer or someone be appointed to appra",~.. , .
new structures built during the past year. No ao.fo~
was taken.
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Mr. Hail reported the new water Pum:pi ~d .', '...iM~
been installed and was ready to hook up, and m<;>ved,>". .,1;!'~
that C.W. Hill be appointed to have theproperco~~~~~~2~jl
ions made and the necessary work done. lIr.Brad~l'ul".':f:!i
se,cOn4ed the' motion, and on, rl):\ll. .can the' Vo1le'1I'~1;~
. tOllOWs.: '. ,JIr. Bradshaw ,ye~"llt. '. Cre~o yes, Mr. Haliif;>l:.~;':Ja
lI'!'.Hill not voting, 1Ir. Ililleryes. 7hemot.t.oxr ..,\)YJix;w'
carded. , ltr. Hall reported that the water Pla.t!.t_~)~~
in beaut1,ful condition and all Hs eqUipment was ~'8'ng,;~:~
kept and maintained in first-class shape. ');~l.i
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OOUNCIL CHAMBER ~, January ~3rd,1939
Mr. Ha;Ll"re.parted having acquired consider-
able data on oil:).-board advertising, and Suggested
that the Coancilrefrain from issuing permits far su~h
sign erection, ~n~il the matter can be taken up in a
comprehensive Way and some basis of regulation estab-
lished far samt?
,The qu~stion was brought up of rebuilding
sidewalk in front of the Bon-Air Hotel so that sallle
wlll cOnfol'm to pro.per grade, and it was moved bYIJr.
Hall that t"he O,ity Eng1neer have 'this sidewalk rebp.ilt
a:t an estimaj;edcost or from 185.00 till tlOO.OO. 1Jr.
Bradshaw Seconded the mation and an roll call'the'vo.te
was unanimaus and the motion was declared catried.
This sidewalk is to be built on the fifty-fifty basis, '
the City paying half the cost and the property owner
half of same.
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Anothetbad piece of sidewalk which the
Oounclldeemed ne.o.es.sa~Y' to rebul1d Was that rUm'llng
for a d~stance Of approximately sixty feet in front
af Lot 7 Block 100. Tae Clerk reparted no reply had
been received from 'Mrs. Burd, agreeing to. this Co.l1-
structhn o.n the fiftY-fifty 'basis previously aU'tb,or,..
ized by the Council. It was therefore moved by Mr~
Hall, seco.nded br Mr. Bradshaw and unanimously ~~~.~
that Mrs~ Burd be advised that it is the intention "
of the Oity, to proceed with this work and asse8S
the Co.st as a lien against the property unless sh~,!
preters to co.me in on the cash basis previously oUf(..
lined.
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Mr. Hall stated' the Pol.1oe Department wa'.'"
unable to enforol, the recentJ.yenad'l~d traffio ord-<~~~~
inanoe by reaso:p. of the faot that streets were ,li''1:
inSUffiCiently marked. He said street markings were ,',"
fifty to. ninety percent oblfterated and although Mr.' ':l~~
Baker J:jad been wbrking night and day it was impoliIsiblie.;> A,~
for him to complete the Job without additional b.ttil,l)". '~{i
It was therefore moved by Mr. Crego that the Str~<<l,~
Committee take hold of this work and, in conjunot!,a
with the Po;Lice Department, have the streets propetly
marked. Mr. Miller seconded the motion, which on
roll call, carried unanimOUSly. Mr. Hall said this
would entail the employment of one man and labo.rer
to do this work at night.
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Ooundilman1f111er asked what had been doU';<\"':"~f~;~~
about the traffic light for the- Beach and was intorlnedc'!,<~";i;l
that it had been ordered, the cost 0:1' same being tl05.;O,~0'~
ror light and contro.ller. ,/~
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e Mr. Miller reported that a movement was
under way to provide postaldeliv~ryservioe for DelraT,
alld in this co.nnection an emplo1"."o.f' the Postal
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COUNCIL CHAMBER - January 23rd, 1939
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Department would shortly be in Delray to investigate
Delray's needs. He said one requirement was that
adequate sidewalks be provided. He asked that the
Oouncil authorize Howard Cromer to help said invest-
igator in thlswork. It was accordingly move! by
Mr. Miller'thatHowat-d Cromer be made available to
assist in cheokin@ np on Delray's sidewalks and
compiling whatever data is neoessary in making appl~-
cation for delivery service. Mr. Ore go seoonded the
motion which carried unanimously.
Mr. Hall begged the Oouncil to come to some
decision as to the a,ppointment of a building and
sanitary inspector ,declaring the 'inspection work,' .
paid for by applicants, was being neglected. liIr..C'
Miller and. Mr. Bradshaw stated the Oity was firia~(Ji~l-li:r:;;'j,
unable to employ additional help at this time, wl'11'le' it
Mr. Hall contended tMIJ. t was unfair to d.i vert money:"
~i~c~l~~\~;~a~;te~oii,t~e:~~~;~to other purposes""'>'!~!~i
Mr. Hall repofted a bad crack in the oement
at: the North si-d'e- of the swimming pool, which he13aid
was dangerous, and on motion of Mr. Miller 6ecOnd~d
by Mr. Crego, and unanimously oarried, this matte1"
was referred tci~he Ohairman of the Parks Oommittee
with power to act.
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It was moved by Mr. Bradshaw that bills
numbered 3797 to 3835, having been O.K'd by the
Finance Committee; be returned to the Council and
ordered. paid. Mr. Ore go seconded the motion and on
roll call it was oanried unanimOUSly.
00unci1 by motion regularly mad.e, seoonded,
and carried., adjourned.
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