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04-10-39 Regular 1:19:t COUNCIL CHAMBER April 10, 1939 < The Counoil met in regular session at 7;30 P. M. with the Ci ty Attorney and the following members of the Counoil present; Mr. Bradshaw, Mr. Crego, Mr. Hall, Mr. Hill and Mr. Miller. The minutes of the regular meeting of Maroh 27th and the speoial meeting of April 3 were approved as read. Mr. Crego stated there had been some oomplaint in regard to disoontinuing the publio reading of the minutes and reoommended, for -the benefit of the interested 2ublio, that a oopy of the minutes of Counoil meetings be posted on the bulletin board at the City Hall entrance for publicp-erlnl/il, and made a motion to that effect, which motion was seconded by Mr. Miller and unanimously carried. A petition containing the following signatures was received and read, which requested that Andrews Street be opened for its full 35-foot dedicated width, between Atlantic Avenue and Lowry Street. M~rgaret_C. L. Smith Lot L. Smith C. Y. Byrd Mrs. C. Y. Byrd Mrs. Agnes Nicholls Mrs. L. A. Wagner L. A. Wagner Dorothea E. Galvin Mrs. E. H. Soott E. H. Scott Anna Waters Gracey Realty Company, Inc. W. ,.,. Waters C. J. Adams Mrs. A. S. Fitch Mrs. C. M. Wellenbrink H. H. Wellenbrink The petition called attention to the traffic hazard at this intersection due to the bottle-neck effect of the entrance ~ Andrews Street from Atlantic Avenue, which point is topped bya high hedge obscuring the view of motorists and pedestrians entering and leaving Andrews Avenue. ;':./1 The members stated there was no question as to this corner""'~-"~ being a dangerous one and as to the desirab:l.lt:ty of opening the _, i street as requested. Councilman Hall said that under the W. P.4",i City "ide Street Beautification .Project, Andrews Avenue could be" grubbed and cleared for its enti.re width of 36 feet; the only additional expense would then be the cost of paving a narrow strip on ,the nest Side of the street to make it conform to tne existing paving North of that point. After brief disouss~' 1:19~ , ion, Mr. Hall, moved that the C Ity Engineer be instruoted to inolude, in the beautification projeot the grubbing and filling of said section 01f Andrews Avenue, and that he be authorized to pave the neoessary strip to widen the paved portion to, twenty' feet like the rest of Andrews Avenue said paving to be done at the expense of the City. Mr. Crego seconded the motion and on roll call, the vote was as follows: Mr. Bradshaw yes; Mr. Crego yes; Mr. Hall yes; Mr. Hill yes; Mr. Miller yes. The moti on carried. ~A petition was read, from seven Nassau .Park property 0 asking that zoning classification on Nassau Street be changed from "B" to "A" district, and it was accordingly moved by Mr. Hall that the request take the same course as previous ones.' viz. that said commUnication be filed with other such requests, for action of the Council when an amendment if finally drawn to the zoning ordinance; that in the meantime the Building Inspector be instructed to issue no permits exoept for "Zone A" construction. Mr. Cook pointed out that lots in these subdivisions were too small to allow for the required 35-foot zone "A" set-back. He was therefore authorized to allow a concession, in this regara, permitting Zone "B" setback. Mr. Miller seconded Mr. Hall's motion and on roll call the vote was as follows: Mr. Bradshaw yes; Mr. Crego. yes; yes; Mr... Hill yes and Mr. Miller yes. 'l'he motion was carried.) . ~-,...;, .Ij> (signed) H. A. Hubbard, Secretary ~he following letter was read by the Clerk. Delray Beach, Fla. April 3, 1939 City of Delray Beaoh, Delray Beach, Florid a. Gent lemen : - We return herewith your check of '25.80 which was made out to coyer a bill of the Delray Beach News for the printing of an advertisement relative to the bond se The committee of five men which was appOinted by the City Council assumed this obligation themselves, as we did not wish the City to pay for any obligation that the CQm- mittee might have made relative to the bond settlemen~ Very truly Fours, BOND SETTLEMENT COMMITTEE;: . :i:1L93 ' .' .. (, "j;'- and it was moved by Mr. Hall that a resolution be noted on the minutes expressing the appreciation of the Council for the Committee's untiring efforts and success, and for the members' generosity in giving time and money for the Eublic benefit. Mr. Bradshaw seconded the motion which aarrted unanimously. lIiiss Galvin' came before the Council with numerous reoommen';'" dations, ~lz. the provision of additional palmetto shelters:;.for the beach, which was referred to the rarks Committee to make report back to the Oouncil; and That the traffic light on the beach be turned on earlier in the morning than has been customary; also A recommendation that the water Vepartment notify conswmers when it is found neoessary to temporarily cut off the water for repairs or other reasons. ' Miss Galvin also complained about a depresslon in the Ooeanl~, Bottlevard between her home and the wagner cottage, stating ai.' deep pool of water settled there during rains. Mr. hall ex- plained that this same condition existed in numerous plaaes around town and that the only remedy was the eventual building ".v up to grade of the streets at such points. ~h~ -i:t1fl right J~~ :~~~i:r c:~~;~ ;::n;t~~~~~~~r~~r~~f:l~~i~~~ :~~~u:~'I6;~!~ the baseball games, stating he was willing to pay something,., for this concession. After discussion it was moved by Mr.1!ai'J;.J;*"}~ that he be allowed to take out a $5.00 license for this/.i~t\ business and that the same license be required of anyone else.! ";~~;!J? proposing to engage in similar sale at the games. It was the~~f:\ members' opinion that exclusl ve privilege should not be gi,v.en Gfc'[, any one person. Mr. Crego seoonded Mr. Hall's motion, which on"", roll call, oarried unanimously.. , the c~~; ~~~~dK~~ft:~~~~o:pr::r~~e~~i~~eo~h;r:;:~~;S~dj:~;~ ~~..~~ his, viz. Lots 12, 13, 14 and 15 Block l04. stating these lots i:':,', were badly overgrown and amnstituted a real fire hazard to house$~f in the vicini tyl Councilman Hall told him he oould almost pro-i"i mise that these would be cleared up some time in the near futur~.~H -;1/,'- W. A. Jacobs made the his home property in Bloek for him to personally grub protection. same complaint regarding lots adjOin~rigA 112. declaring it had been necessarY:~1~'i these lots as. a matter of self "s"."'" "'k-- Councilman Crego oomplained that the City was p~ying two soales of prices for the feeding of the prisbnel's,,-25 cents beingl'!" charged for colored and 35 cents for white prisoners:.;. He ..' contended that, si nae there was no' differenoe in the quality of t~food, the prices should be the same. He also said that ) r --,.. , I .I Li ~i -, '."'''~'~''''''''''',,"~,' 1194 the night policeman should make It his business to see . that prisoners let breakfast in ,time to go out on the job with Mr. ,Baker by 7;30 in the morning. The Mayor agreed to see that this was done. '. Mr. Crego brought up the matter of Jas. Roberson's dis- ability, reminding the Council that some time ago it had been agraed to honor a bill of Dr. Davis and pay ~2.50 for medicine and $2.00 to this employee,.and he asked whether the Council was willlng.also to pay a $15.00 bill of Dr. Vogler's for treatments given said Jas. Boberson. The other members explained that these treatments had been for auto-intoxication and not for anything contracted as a result of workin8 in the Sewer, and they did not consider the City ,liable, for the' 15.00 charge. Councilman Miller reported on the proposed mail delivery ser- vioe,statring same would cover a larger area than he had expeoted, but that before Delray would be re~mmended'for such service it was'required that all houses and buildings be properly numbered and all streets marked. He therefore recommended that the City hire a couple of men to go out and number these houses and buildings. He reported also that there would be approximately eight pick-up boxes in town, that there would be one deliveJ.'y,a day, and that the City would be served with O:r;le full time mail-man and two auxiliary men during the summer and probably two full time men in the winter..}, ~:/,.: After discussion, and in accord with Mr. Miller's recommen....!F' dation, it was moved by Councilman Hall that Mr. Cook be ,J;', au thori ~ed to hire a man to number the house s in town. Mr. Mille;r: seconded the motion which, on roll call, carried unanimously. Mr. Miller, in this conneotion, suggested that a notioe be published, in the paper some time advising residents that it will be necessary for them to provide a mail box or a slot in the door for deposit of letters so delivered. Mr. Hall a~so recommended the drawing of an ordinanoe requir.... ing all new houses to be numbered before occupation, and :tt. was decided that this be required before final O. K. by the Electrical> Inspector. The following ordinance was offered, and by motion regularly made, seoonded and carried plaoed on its first reading; ORDINANCE 277 , AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA. .PROVIDING FOR THE MAXIMUM GROSS WEIGHT OF VEHICLES OPERATED UPON PUBLIC THOROUGHFARES OF THE CITY OF DELRAY BEACH, FLORIDA, AND PROVIDING FOR A PENALTY roR FAILURE 'to COMPLY THEREWITH. :1191 The ordinance .having been read Hall, seoonded by Mr. Miller and on passed on its first reading. in full, it 'was moved by Mr. c/. roll eall unanimously carrieq-~. The City Attorney reported having heard from the Florida. "'"^' Industrial Commission in regard to the long-standing Emry Piokren accident claim, and stated that the Commission had advised that, under ordinanry circumstances the limit of liability ~s $250.00 for hospital fees, doctors' bills ete. but that it had authority to increase this amount to $500.00 in surgeryccases and since the injury in question had required such treatment, the City was ordered to pay Dr. Stone's bill of $200.00 plus the charge of t226.00 due The Good Samaritan Hospital. The Oity Attorney advised that .,' the outcome of Mr. Pickern's suit against Mr. Boughton would haV;El','" no bearing on the liability of the City in the matter and reC-~$ ommended that the City pay the claim. It "{as accordingly moved:,: by Mr. Hall that said two bills be paid, upon proper and complet~~.: release being gi ven the City by Mr. 1'ickren. Mr. Miller seooria:li~.:4! the motion, and on roll call the vote was as follows: Mr. <Of':)' Bradshaw yes; Mr. Crego yes; Mr. Hall yes; Mr. Hill yes; and Mr. Miller yes. The motion carried. :';"'- Mr. Nowlin explained to the Council how Lot 3 Block 4, ooei.~1 Park had been assessed to. Oscar Sabin since 1926 as a 30-foot":t9tf;: whereas recentlYlit was dl.scoVered that only 10 feet really "i., belonged to said property owner, the West 20 feet of same having been dedicated as a City street; and recommended that Mr. SEi.biJ1-,' be refunded two-thirds of the taxes paid on said lot over t.he.:;,:,t:\ period ofY6ars illegally assessed, which re:i!und it was estil!l~~@ would amount to $25.0l~. It was accltliL'dingly moved by Mr. Hall',. that Oscar Sabin be credited on his improvement lien against sat property to the amount of 125.02, thus rectifying this error in~ assessment. Mr. Miller seconded the motion, and on roll calL,tb:. vote was as follows: 1~r. Bradshaw yea; Mr. Crego yes; Mr.. Hall';'>,! yes; Mr. Hill yes and Mr. Aliller yes. The motion carried. The Clerk reported need of a typewriter and it was recommended in preference to a new machine. new twelve or fourteen inoh that a rebuilt one be purchased'( >,.;;...,. :;,~'('!:4i ";~'7f'l ',. ',' The M~yor reported having had the 1'olice and Bui~ding Inspe~~~ tor check signs on the Federal Highway, and of having found onlyi{"; four signs erected under a permit, viz. Hayes', Blanks', Coca ":k; Cola ComPJ.ny's and Arvilla 1'earoom's. He asked the counCil's.:"? ordeI'Sin regard to removal of the other signs, stating most of .:,;!li~ . them were on private property. After discussion it was rec-"'!~ =e~:e~h~y m~~;tf:;lan~a ;x~~~;o~~e o:~f:~~:: ~~t~;a:x:o~:~~t:.;,!.,f,.~,.~ erection of signs. '::1 .j , '>:I:r~;; '\i ~.- ',; ii, "." :1:196 The Mayor reported he had received a letter of complaint signed by.a number of local business men regarding the medioine show which had recently been granted license to operate in colored town, which communication requested that, in the future, license for such businesses be increased from '10.00 per day to a figure high enough to p~ohi bi t. such. '.l:he matter was discussed, same members considering the $120.00 license derived from this show and the $27.00 contributed to the Fire Department to be fair remuneration,for same; and they did not consider the show objectionable in the location in which it was permitted to operate. No action was taken but the City Clerk agreed to submit all such future applications for license to the Council for authorixation. A list of items of fire department equipment was submitted by the Fire Chief, Who recommended the purchase of same for operation of his department. The total estimated cost being ;1,631.77, it was contended by smme of the members that this amount was more than could justifiably be spent under the 1939 budget appropriations and recommended that same be cut down to absolute essentials. After di scussion, art analysis of the various items recommended, it was moved by Mr. Hall that the Fire Chief be authorized to purchase 600 feet of hose and $400.00 worth of additional equipment oonsidered necessary to the present efficiency of the foroe. M r. Bradshaw seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes; Mr. Orego yes; Mr. Hall yes; Mr. Hill yes; and Mr.' Miller yes. The motion carried. Councilman Hall said he considered some policy should be adopted by the City in regard to streets which dead-end at the Canal and suggested that a 59-foot cirole be made at the ends 0 such streets for a turn around, such WDrk to be done either a~ tb.e expense of City or on a pro-rata basis by the City and the abut;ting property owners. This plan was considered favorabl'l by the other members but they took no action in regard to same' except in case of N. E. Second Street. Here, Mr. Hall explained, the rock was right on the ground and such a turn-around oould be made wi th very little expense now whl1e work was being done at that location. It was accordingly moved by Mr. Bradshaw that the street commi ttee be authorized to cooperate with the Ci ty Engineer in having such street work done. as recommended. Mr. Crego seconded the mOtion and on roll call the vote was as follows: Mr. Bradshaw yes; Mr. Orego yes; Mr. Hall yes; Mr. Hill yes; Mr. Miller not voting. The motion carried. It was moved by Mr. Crego, ieCo~ded by Mr. Bradshaw, and on roll oall, unanlmously carried that bills numbered 4089 to 4140, having been O.K.'d by the .l!'inance Committee, be returned to the Counoil and ordered paid. ~ 1.:197 The Chairman of the ~arks Committee reported in regard to purchase of Royal Palms for the Yacht Basin ~roject, and stated' that he had decided it would be wiser for the City to purohase the trees from Mike Blank v.l!lo guaranteed them, and who offered trees more sui table for the City's purpose at a price of ~l2.00. These, he said, were of nice size, short, thick bodied, about 16' bare trunk With beautiful tops and free of scale, and were fully guaranteed by Mr. Blank. Lt was therefore moved by Mr. Bradshaw that the former action of the Uouncil, in regard to purchase from Harvel Brothers, be rescinded and that the Chairman of the l:'arks uommittee be authorized to enter into an agreement Wi th .Blank's Nurseries for the purchase of a maximum of forty trees, placed in the hole, at a price of '12.00 each. Mr. R all seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes; Mr. Crego yes; Mr. Hall yea;. Mr. Hill yes; Mr. Miller yes. :J:he mot ion carried. Lt was regularly moved, seconded and carried that Coun~il adjourn. .;J. . )Yl~,&~ City a erk AP>R.VE~N~ ayor ~.