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02-13-39 Regular tl37 . " I COUNCIL CHAMBER February 13, 1939 ,-,. The Council met in regular session at 7:30 P.M. with the City Attorney and Councilmen Bradshaw, Crego, Hall, Hill and Miller present. Upon recommendation of the City Attorney, minutes of the February 7th meeting were amended to show this meeting to have been in charge of the Mayor throughout; also changing the words"lined up" to "located" in fourth paragrap):t of said minutes, With said' corrections the minutes were regularly approved as amended. Request was read from Dan W. Smith, asking that a street light be placed at the intersection of Sea- breeze and Atlantic Avenues. The Chairman of the Street Committee reported that a light had been ordered placed at said intersection and was included in the three new suspension street lights ordered for East Atlantic Avenue some time ago, A letter was read from eighteen Beach property owners protesting the operation of motor scooters on Delray public streets because of the peril and the annoy~ ing noise occasioned thereby due to lack of proper muffler equipment. In this regard, it was moved by Mr. Br~shaw that the matter be referred to the Mayor and Police Depart- ment for regulation and remedy. Mr. Hall though~ome ordinance should be passed whereby the police department might be governed in regulating such tings, Mr. Crego seconded Mr. Bradshaw's motion, which was carried unanimously ,,~ { A communication from Thos. W. Boykin, Jr. was read, in ~ich he renewed a previous request that the section of town in which he resides be changed from Zone B to A; also asking that piles of rubbish left from the grUbbing of property adjoining his, be disposed of. In the first instance, it was moved by Mr~ Hall that Mr. Boykinu be notified that the Council has already acted on previo~s request and the promised action of the members " will be taken in due course, although definite date of such action cannot be given at this time; also that the property owners are protected on said zoning restrict- ions, inasm~ch as the Building Inspector has been instructed to issue no'permits for zone B construction in said d\stnict pending final amendment of the ordinance. Mr. Bradshaw seconded, the motion, which carried unanimoUSlt'J · u 1.1.38 COUNCIL CHAMBER - February 13, 1939 Mr. Crego, Chairman of the Sanitation Committee, agreed to see that the rubbish complained of by Mr. Boykin, is cleaned off the property in question. Another communication from Mr. Boykin appealed to the Council for a reduction in the license fee required of him for his advertising agency business. The matter was discussed, members of the Council expressing themselves as being sympathetic with the small business man to whom license fees appeared excessive compared to the volume of business done but that it was impossible to make the fee coordinate with all types and sizes of businesses. Mr. Hall finally moved that Mr. Boykin be notified that there was no way by which part of said fee could be remitted, Mr. Crego seconded the motion which car~ied unanimously. A letter was read from the Florida State Ex- hibit asking that Delray Beach forward, at this time, check for the $50.00 pledged towards said exhibit out of the 1938-1939 budget appropriations. Mr. Hall moved that said $50.00 be forwarded at once and Mr. Bradshaw seconded the motion which was carried unanimously on roll call. I A co~unication was received from Gordon B. Peck, Attorney, asking that the Council defer foreclosure proceedings on a twenty acre tract in Section 17 belong- ing to Sarah B. Laitin, which the City is seeking to acquire as part of a future aviation field. It was accordingly moved by Mr. Bradshaw that the communication be turned over to the City Attorney for reply, and that forec:t,osure action be deferred until such time as tie bond refunding is definitely settled. Mr. Hall seconded the motion and on roll call the motion was unanimously carried. A communication was read from Edward Cornell stating he was constructing a bulkhead adjacent to his canal property and Offering to continue same across N.E. .First Street to tie in with the City's existing pile bulkhead at the northern end of the City Park, providing the City would agree to fill in the necessary rock back- ing. Mr. Cromer explained this would be for a distance of about 125 to 150 feet, and questioned whether Mr. Cornell had obtained a War Department permit for said work. After discussion it was moved by Mr. Hall that the City agree to cooperate as requested by Mr. Cornell, and that the City Engineer be authorized to supervise such work, provided government permit and approval is obtained for this bulkheading. Mr. Grego seconded the motion which carried unanimously. . . COUNCIL CHAMBER - February 13, 1939 1.1.39 A letter from Miss Nanna Bigler complaining of noise and,disturbance originating from the Delray Patio during earlyCmorning hours was read by the Clerk, and on, motion of Mr. Bradshaw, seconded by Mr. Crego and unan- imously carried, referred to the Mayor and Police Depart- ment for investigation and remedy. The following letter was Submitted for action of the Council: February e, 1939 City Council Delray Beach, Fla. Gentlemen, I had Mr. Grover Baker put down a new 6 foot walk in front Of our hOme On Atlantic Avenue East. I have Been other property holders on Atlantic Avenue had new walks replaced and the City of Delray Beach have paid half the cos~, I think ,that I am entitled to the same consideration. enclosing Mr. Baker's bill for the walk and I paid him half and I hope to have the City pay other half. I am have the Yours very truly, C.N. MacLaren After discussing ,this request, it was moved by Mr. Hall, that upon the filing, by Mr. MacLaren, of a statement that he did personally pay the entire cost of the original sidewalk"that the City assume half the cost of rebuilding same, Mr. Miller seconded the motion, and on roll call the vote was unanimous and the motion was declared carried. 'Application of H.S. Richardson for permit to install bowling alleys, ,shooting gallery and other amuse- ments on Lot 13 Block 28, West Atlantic Avenue, was pre- sented to the Counoil and on motion of Mr. Miller,seo- onded by Mr. Hall and unanimously carried, permit was granted. Mr. A.M. BOnd appeared before the members asking what action had been taken, if any. regarding the reinstating Of Jack Kay as life-guard. He ,said he had agreed to COme before the Council at the insistence of . tl40 COUNCIL CHAMBER - February 13, 1939 some of the women tourists, who because of the new guard's youth felt a lesser sense of security for themselves and . children than they did previously with Mr. Kay. He said he did not mean to suggest that the new boy was unsatis- factory but it was doubtful if a boy of his age would have the mature judgement of an older man in case of an emer- gency. He said, also, a feeling prevailed among the tourists that two guards were needed during the winter and he would like to see the City employ two men during the busy season. Mr. Bradshaw stated that if the people felt additional proteotion was needed, he was in favor of hiring an additional man for the rest of the season, and it was accordingly moved by Mr. Miller that another guard be employed until April 1st. Mr. Hall seconded the motion and on rollcall, the vote was as follows: Mr, Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes and Mr. Miller yes. The motion was declared carried. In this connection it was recommended that the Citv Clerk ask for written consent'from the parents of James Lane, to his employment as Life Guard and the payment to him of his monthly salary, since the boy was a minor. Complaint was registered regarding rocks placed in the street right-of-way around the home of Henry R. Lewis in Del-Ida Park, these being regarded as a traffic hazard, Councilman Hall agreed to investigate said complaint and report to the Council. Councilman Crego reported request had been made that benches be placed just West of the Shooting gallery and of Allen's store on Atlantic Avenue to accom- odate women and older people who sometimes want a place to sit and rest downtown. Mr. Hall advised that two ooncrete-end benches at the diamond ball field could be utilized for this purpose, Upon motion regularly made, seconded and carried, the following ordinance was placed on its first reading. ORDINANC'F. 263 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FIXING OCCUPATIONAL TAXES .~ LICENSES TO BE CHARGED THE VARIOUS PERSONS, FIRMS OR COR- PORATIONS ENGAGED IN OR MANAGING ANY BUSINESS, PROFESSION OR OCCUPATION IN THE CITY OF DELRAY BEACH, FLORIDA. The ordinance, having been read in full, it was moved byMr, Miller, seconded by Mr. Hall and unan- imously carri.d, On roll call, that the ordinance be passed on its first reading, 1141 COUNCIL CHAMBER February 13, 1939 It was moved by Mr. Hall, seconded by Mr, Bradshaw and unanimously carried that the following res- olution be passed: RESOLUTION 2&4 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENT WORK, (S.E. Second Street from S.E. Eighth to S,E. Seventh Aves.) Plans and specifications for said improvement work were presented by the City Engineer and Mr. Hall asked whether curbs'had been planned and provided for in said improvement. Mr. Cromer infor~ed him that they had not been, since a running curb along said street would increase the cost approximately $1.00 a foot, Mr. Hall recommended, in the absence of a running curb, that at least a quarter round curb be built at the intersections. He said this would afford adequate protection at very little extra cost. After examining the plans it was moved by Mr, Hall, seconded by Mr. Miller that the follow- ing resolution be adopted: RESOLUTION 285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF DELRAY BEACH, FLORIDA, ACCEPTING PLANS AND SPECIFICATIONS OF THE OITY ENGINEER FOR CERTAIN STREET IMPROVEMENT WORK AND THE ESTIMATED COST OF SUCH IMPROVEMENT AS SET FORTH IN SAID PLANS AND SPECIFICATIONS. (S.E. Second St, from S.E. Eighth to S.E. Seventh Aves. l The City Engineer asked that an appropriation for current expenditures on this street and beautification project be made. Work on same would start at onoe he said. It was accordingly moved by Mr. Hall that the Oity"Engineer be authorized to draw up to $100,00 for truck rentaL IlXld " other incidental expenses neoessary on the project during the next two weeks. Mr. Bradshaw seconded the motion which carried unanimously on roll call. Mr.+~romer enquired as to the ~egal status of the proposed project,stating that Mrs, J.M, Reitmeyer, owner of a fifty-foot lot in said block was the only t tl~ COUNCIL CHAMBER - February 13, 1939 property owner who had refused to sign an agreement for the proposed improvement and asked if the on~ dissenting owner would prevent the City from proceeding legally with said work. The City Attorney stated that the one objeot_ ing property owner might possibly have the right to use the present street right-of-way, thereby preventing the City from improving and beautifying same, if she so desired. It was the oonsensus of opinion among the members that since the proposed change was to be made entirely on City property and would in no way affect private property lines that the work be proceeded with regardless of said objeotion, as the property owner would eventually have to agree to said change in street looation whenever her property is used for building purposes. In regard to the proposed work, Mr. Cromer stated the North end of the Yacht Basin Park would require a lot of fill which would cost considerable if hauled in. As a solution for this he recommended that three or four feet of silt be removed from the yacht basin and deposited in said low spot on the park property. This, he said, would gi~e necessary extra mepth to the basin as well as supplying the required fill, He said he could possibly have this dredging done for five cents a yard. This price however depended on whether Harvel Bros. got a contract in Boynton, in which case, they could afford to bring their dragline on South to Delray for this purPQ~ee; It was accordingly moved by Mr. Miller, seconded by Mr, Hall and unanimously carried, on roll call, that the City Engineer be authorized to go ahead with said work if he is able to get it done for the price stated. Mr. Cromer reported property owners on Nassau Street wished to have it made a matter of reoord that the City will install a drainage pipe to carry off water frOm the low point in said street if the property owners buy same. Members ,of the Council contended that previous motion had been to the effect that the property owners should pay for both material and installation, the City Engineer simply to supervise the work. After consider- able discussion, it was finally moved by Mr. Bradshaw that the City accept the property owners' present pro- position and install necessary drain and catch basin for the-draining Of Nassau Street, property owners to pay only for the material used. Mr. Hall sefonded the motion, and on roll call the vote,was as follows, Mr. Bradshaw yes, Mr. Crego yes, liIlr. Hall. yes, Mr. Hill yes, Mr. Miller yes. The motion carried. It was esti- mated the cost of said installation woul~robably run around $50.00, I j lJ . Councilman Hall reported on the claim of Jas. ROberson who asked reimbursement from the City for med- ical expense and loss of time due to intestinal intox- COUNCIL CHAMBER - February 13, 1939 ication, which he alleged was suffered as a result of poisoned sewer gas. Upon motion of Mr. Hall, seconded by Mr. Crego, and unanimously carried the Clerk was authorized to pay, in connection with said claiml Dr. Davis' bill of $4.00, medicine $2.50 and one day sloss of time $2.00. City Engineer's report and assessment roll was submitted for sidewalk construction on Atlantic Avenue, running from the East property line of Gleason Avenue to the West property line of Brondson Street (Sabin ~idewalk), and on motion of Mr. Hall, seconded byMr, Miller and on roll call unanimously carried approved, and said assessment roll ordered published the required two weeks. City Engineer's report and assessment roll was also submitted for the filling of the East half of Gleason Street, extending from Atlantic Avenue to a point 167.7 feet South of Atlantic Avenue (Sabin fill), and it was moved by Mr. Miller that same be approved and the assessment roll published for two weeks. Mr. Hall seconded the motion and on roll call, the vote was' as follows: Mr, Bradshaw not voting, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried. " The City Attorney reported in the 'matter of the Miserocchi suit, stating these people proposed to deed the required Andrews Street right-of-way fora ' consideration of $200.00, plus the waiving, by the City, of accumulated interest on paving liens against the Ni Blook 161 and Ocean Beach Lots 1 and 2, said interest figured to February 15th being $222.50. It was accord- ingly moved by Mr. Hall that the City Attorney be author- ized to allow this abatement of interest to date of deed Mr. Miller seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hal! yes, Mr. Hill yes and Mr. Miller yes. The motion was declared carried. E.T. Page appeared before the members in regard to his occupational license claiming same had'been boosted out of proportion to other businesses, In dis- CUSSing the matter with Mr. Page it was pointed out that the license fee could not be changed without an amendment to the ordinance, and since the license year was sO~ar advanced Mr. Page agreed to pay said $25.00 liceJ:1$efcr' 1938-1939, on condition that his case be taken into con- sideration before another license year begins and suitable amendment made if neeessary. Mention was made of other licenses regarding' which complaint had been made, viz. C.M. Nelson and A.D. , ~urney, operating repair and blacksmith shops in town, but no action whatever was taken by the members, 1143 1.1.44 COUNCIL CHAMBER - February 13, 1939 Mr. Nowlin reported that the City Judge had disqualified himself in regard to the he'aring of Mr. Bradshaw's case for non-payment of license fee, and it was therefore in order for the Council to appoint a Judge to hear this case. Mr. Bradshaw and members' of the Council expressed themselves as being anxious that the case be tried by a fair and impartial attorney. It was recommended that some tourist attorney be requested to act as Judge for this purpose, and Mr. Hall finally moved that the Mayor be authorized to nominate a Judge to act in this connection. Mr. Miller seconded the motion and on roll call the vote was as follows: Mr, Bradshaw not voting, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried, The Chairman of the Light Committee stated the City still had nine whiteway and twelve brac~et type lights that could be put into commission and operated at same price paid by the City previous~he light rate reduction and recommended that these be installed, since a survey of the City had indicated a need for lights in many places. It was therefore moved by Mr. Bradshaw that these be installed at earliest possible moment, the locations for same to be left to the jUdgment of the Light Committee, Mr. Crego seconded the motion and on roll call the vote was as follows: Mr,Bradshaw not voting, Mr. Crego yes, Mr. Hall not voting, Mr. Hill yes and Mr. Miller yes. The motion carried. Councilma~ Miller recommended that some dis- posal be made of the refuse piled on the old City Ball Park and it was moved by Mr. Hall that the Chairman of the Parks Committee be authorized to dispose of same, which motion was regularly seconded and unanimously carried. r " up the i to the U It was , By motion regularly made, seconded and carried, members of the election board were appointed as follows for the holding of the City's Bond Refunding Election on February 21, 1939. W.O. Winn, Clerk Paul Rehr S.H. Jones J.L. Love Arthur Barton, as a substitute memb~. It was ~oved by Mr. Bradshaw that bills numbered 3836 to 3905, having been O.K'd by the Finance Committee, be returned to the Council and ordered paid. The Chairman of the Street Committee brought matter of sidewalk on N.E. Fifth Avenue, adjacent Milton property, asking what had been done about it. reported that Mrs, Burd had stated that if the tl4.5 COUNCIL CHAMBER - February 13, 1939 " City would wait until later in the year she would have the walk rebuilt, and it was believed Mr. Wuepper would do likewise thereby providing a new stretch of sidewalk at this point all the way from Atlantic Avenue. Some of the members considered it undesirable to tear the walk up just now at the busy season, therefore the matter was left in abeyance. There being no further business, the meeting by motion regularly made, seconded and carried, adjourned. fh~ Y1-l. G~ City Cler APPROVED : I &tDF' yor ;,1 1 . ~. ~ <' ~