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04-24-39 Regular :t:1L99 COUNCIL CHAMBER April 24, 1939 The Council met in regular session at 7:30 PM. with the City Attorney and the following members present: Mr. Bradshaw, Mr. Crego. Mr. Hall, Mr. Hill and Mr. Miller. The minutes of the regular meeting of April lOth and the special meeting of April 14th were approved as read. . Mr. Mackle requested a permit to build a resid- ence on Lot 21, Ocean Breeze Estates in accord with the restri~tions called for in his deed which he stated were 2.6' short of the city's requirements for side line and 1.3' less on side yard requirements. It was moved by Mr. Bradshaw that permit be granted Mr. Mackle to erect the building in accord with his deed restrictions. Mr. Miller 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. Motion carried. The following re soluti on from the Kiwanis Club regarding certain changes in the present city charter was read by the clerk: A RESOLUTION OF THE PUBLIC AFFAIRS COMMITTEE OF 'fHE DELRAY BEACH KIWANIS CLUB WHEREAS, the Public Affairs Committee of the Delray Beach Kiwanis Club has been considering certain changes in the Charter of the City of Delray Beach, and WHEREAS, said Committee deems it would be for the best interests of the Gity that the City Charter be changed in certain respects, NOW. THEREFORE, Be it resolved by the Public Affairs Commi ttl;le of the Delray Beach Kiwanis Club that we respectfully re commend to the Gi ty Counci 1 of the City of Delray Beach that the present City Charter be changed follows: 1st. That the time of holding city elections be changed from the month of December to the month of October. moo COUNCIL CHAMBER - April 24, 1939 2nd. That provisi on be made for holding a whi te ~niDi~ primary to nominate candidates for the elective offices. RESPE CTFULLY SUBMIT TED, on till s the 20th day of April, 1939. , .l:'UBLIC AFFAIRS COMMITTEE OF THE DELRAY BEACH KDTANIS CLUB. J. L. Love C. Y. Byrd LeRoy E. D ig p;ans It was the opinion of the Council that numerous changes in the charter would probably be requested am that all such reque sts should be considered at the same time. It was the? efore moved by Mr. Bradshaw that this resolution be fi led am aa.ted upon at the same time other such changes are considered. T h3 motion was seconded by Mr. Crego and on roll call carried unanimously. A communication from the Colored Citizens' :r.eague i requesting that the colored :Park be turned over to thElll for maintenance and ope ration was read by the Clerk. After brief dis cussion, Mr. Bradshaw moved that the ma ttwr be turned over to the Chairman of the Parks Committee for investigation and repoi't to the Counc 11 at a late? d!l<~~# .....' Mr. Crego seconded the moti on and on roll call the vote, was' ! as follows: Mr. .I:lradshaw yes. Mr. Crego yes, Mr. Hall yes" Mr. Hill yes, Mr. Miller not voting; The motion carried. r A petition was read from the following property ! owners;~ames G. Childers, Frances H. Childers, H. B. Adams.: Dorothy C. Adams, Jessie W. Carpenter, J . M. Sabath,j n. A. Jones, Gladys S. Wiggans, Paul A. Rehr, J. H. Adams,'.il. SusanM. Rice, Grace Slane weir, A. W. Nickols, C. J.Marison. T. J. Ross, Chas. iluckerman, J. Myers. Margie H. Mims, ' Paul Myers, L. M. 'faggert, and w. O. Winn, asking that tlie zoning classification of Del-"Ida :Park be changed from "B'! to "A" district. It was aC90rdingly moved by Mr. Hall that the communication be fi le d with other such requests to be acted u.pon by the 00unci 1 when an amendment is made to the boning Ordinance; and that during the in tervaning time the Building Inspector be instruc ted to issue no permits except forio_ "AD construction. Mr. Brad-.. shaw seconded the motion which carried unanimous~ The hour of eight 01 clock having arrived, the following bids on certain street improvement and bulk- heading work were opened and read: i 1 Apri 1 2A. 19.39 ., ;'..-.........1. ,', ,""'!~'. . j I I I I I Ci ty Counc 11 , ~ 1 , :t20:l " COUNCIL CHAMBER - April 24, 1939 Delray Beach, Fla. Gentlemen: We propose to furnish all labor and material for driv-' ing 5a piling or approximately 970 feet at the City Yacht basin for the price of 85s! per foot or a total cost of $8a4.50 These piling are to be peeled and painted with two coats of creosote and where neaessary on the mooring pilings, we agree to furnish steel points. , 'l'rusti ng you Wi 11 favor us with this work. I remain, Very truly yours, HARVEL BID THERS r .. I By: G. N. Harvel April a4, 1939 , City Council Delray Beach, Fla. Gentlemen: we propose 1x> furnish all equipment and labor for finishing the street at the yacht basin at a cost of ;.nt" pe? sq. yd. Trusting you will favor us with this work, 1 ?emain, Very truly yours, HARVEL BID THE RS By: ~N. Harvel April 24, 1939 , 1'he Mayor' and City IJouncil DelI' ay Be ach, Fla. Dear Sir: c We wiSh to make you the following bid on the driving of approximately 52 piling or approximately 986 line feet. . l .riles to have two coats of creosote and steel shoe on seven inch mooring pile, driven as directed b;V the City ~ ! ~,~- :1202 COUNCIL CHAMBER - April a4, 1939 1';ngineer. .l:'ric. per lineal foot, .97 cent s. Yours very t:ro.ly, Gulfstream .l!;ng. G. C. Baker, Delray Beach, Fla. . .l:'ile to be driven in the Yacht Basin, Delr~ Beach, Fla. April 24, 1939 The Mayor and City council Delray Beach, Fla. Dear Sir: We wish to make you the following Bid for the finsihing of, the new street s. l!'or grading, water binding, and rolling of Seoond 8treet, from ~eventh Ave. to Eighth Ave, of Eighth Ave. from First ~treet to ~econd Street, for the sum of .l!;leven cents per squa?e yard. .. ~ours very truly, GulfSt?eam Engineers G. C. Baker lJelray Beach, Fla. Motion was made by Jliir. :'Bradshaw and seconded by Mr. Hall that contracts be awarded the low bidders in each ' instance, viz: the finishing of the new streets @ eleven cents ($~1l) per square yard to Gulfc'StreamJEngineers. and the bulk- heading of Yacht Basin C eighty-five cents ($.85) per foot to Harvel Brothers. On roll call, the motion carried unanimously. A letter was read from the Delray Beach Chamber of COIDn1erCe requesting the City Council to oil all pot-holes east of the canal which may prove possible breeding places for sandflies and mosquitoes. The communication especially mention- ,,; ed the pot-holes in Zook's Nurseries. A lengthy discussion of the matter ensued and if was the opinion of some of the members that the vi ty should not go on private property iIl,/J,n attempt to eliminate these breeding places mentioned. taUren Hand spoke in behalf of the chamber of Commerce, st ating that said organization was anxious to assist the Cit7 in any way possible On this mosquito and sandfly control work. Mr. W. A. Jacobs spoke briefly and said that he had made a study of the problem for yea.rs and had learned something, a.bOll t mosgui toes and their breeding places. He stated that most of our fresh- COUNCIt CF~M~ER- April 24, 1939 .........vo water mosquitoes come from pot-holes and low places in out- lying districts around Tourist Nook and the Seaboard Railway. The other mosquitoes, which he said were merely a nuisance,' come from lands lying near the canal. He recommended oiling of these low places which he was confident would prove very beneficial to the community. Mr. Bradshaw moved that this matter be referred to Mr. Hall, Chairman of the Street Committee, but his motion was lost for want of a second. Thereupon Mr. Miller moved that the matter be referred to the Sanita?y Committee, and that Mr. Baker be p~t in charge of the work and authorized to purchase the required oil and employ sufficient men to perform the work satisfactorily. The motion was seconded by Mr. Bradshaw and on roll call the vote was as follows: Mr. Bradshaw '3es, Mr. Crego yes, Mr. Hall, no, Mr. Hill yes, Mr. M.iller yes. Motion was declared carried. A peti ti on was read from the following fi ve property owners, Joe Priest, O. L. Martin, Henry S. Barch, P. H. Breland, and John N.Kabler, Jr. owning real estate abutting on N. E. Fourth Avenue, asking permission to paVe N. E. Fourth Avenue to the sidewalk, said paving to extend from N. E. First Street to N. E. Second Street. It was further requested tbat the property owners be allowed to construct a five-foot sidewalk along the east side of said N. E. Fourth Avenue, extending from N. E. First Street to N. E. Second street, said work to be done in accordance with the City Engineers' plans and specifications and the ~ entire cost of such construction of street and sidewalk to be assessed to the abutting property along Fourth Avenue between said First and Second streets; the cost to be paid in ten equal annual installments, as evidenc~ ed by lien certificates; the assessed property owners , rese?ving the right to pay said Uens off in full at ani time prior to maturi ty. Howard Cromer, City Engineer, adviSed that Joe Priest had agreed to blly the paving lien certificates assessed for this work and hold same for payment by the assessed property owners. On t:pese oondit- ions, it wa~oved by Mr. Hall, seconded by Mr. Bradshaw and carried unanimously on roll call, that the City Engin- eer be instructed to prepare plans and specifications and estimates of the co st on. this work, for submission to the Council at its next meeting. . The following letter frcm Herbert D. Beck, Palm Beach County Representative, was read: April 17, 1939 City Commission Delray Beach, Fla. Gentlemen: The last Session of the LegiSlature, that is, the Session of 1937 enacted a Law,which prevented Cities and Towns from taxing trucks. The. House of Representatives 12m COUNCIL CHAMBER - April 24, 1939 ~as passed House Bill No. 259 which does away with that portion of the '37 Law and will perll'it Cities and Towns to tax persons peddling from trucks. I presume that your City needs this additional revenue and if you want this Act to pass the Senate you should ge t in touch with Senator Beacham at once. Respe ctfully yours, Herbert D. Beck. A brief discussion followed which revealed the fact that revenue, in the form of licenses to the City; had been lost becaus e of the passage of the above mentioned Act by the 1937 Legislature. It was therefore moved by Mr. Hall that the City Attorney be instructed to write Senator Beacham informing hi m tha t the City of Delrar Beach requested his support of Bill 259 now before the Senate. Mr. Bradshaw 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 not voting. The motion carried. Howard Cromer submitted estimate of costs for improving Laing St~eet between the Ocean Boulevard aid Andrews Avenue, amounting to $1,641.00. The Council's attention was drawn to the fact that Walter J. Enright and Mrs. C. M. Osborn had registered objection to the paving of Laing Street. M?' Bradshaw stated that in his opinion the cost of said paving should be assessed against the abutting property on the' basis of benefit , derived rather than on an abutting footage basis. After discussion it was finally moved by Mr. Hall that the ingresolution be adopted. RESOLUTION NO. 2Bt'l A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS OF THE CITY ENGINEER FOR CERTAIN STREET IMPROVEMENT WORK TO BE CONSTRUCTED ON LAING STREET AND ALSO 'fHE ESTIMATED COST OF THE .l:'ROPOSED Ull'ROVEMENTS WHICH IS SET FORTH IN SAID PLANS. AND SPECIFICATIONS. The motion was seconded by Mr. Crego and on roll call the vote was as 1bllows: Mr. Bradshaw no, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried. " , 1.205 COUNCIL CHAMBER - April 24, 1939 Un motion regularly made, seconded and carried the following resolution was also adopted: RESOLUTION NO. 2ag A RESOLUTION OF THE CITY COUNCIL OJ!' THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CONS TRUCTI ON OF CERTAIN STREET IMPROVEMENT 'NO RK. On motion regularly made, seconded and carrie d the following ordinance was placed on its second reading: ORDINANCE NO. 277 AN ORDINANCE OF THE CI TY OF DELRAY BEACH, I!'LORIDA, J?ROvrDING ]'OR TP:E MAXi; IMUM GROSS WEIGHT OF VEHICLES OPERATED UPON THE PUBLIC TH0:ROUGHFARES OF THE t;ITY OI!' DELRAY BEACB:, FLORIDA, AND PROVIDING 1<'OR A PENALTY FOR .l!'AILURE TO COMPLY THEREWITH. The ordinance having been read in full, it was ,moved by Mr. Crego that same be adopted on its second ing and final passage. Mr. Bradshaw seconded the motio~~ which carried unanimously on roll call. A communication was read from W. H. Blount of Pompano, Florida, requesting a reduction in the fine of Gemrge Grant (colored) who was fined $50.00 and costs on April 3, 1939. Inasmuch as the Municipal Judge had made no recommendation to the City Council in regard to reduc- 'ing this fine, Mr. Hall moved that the Clelt'k be instructed to write Mr. Blount stating that the City Council saw no reason for complying with his request to change the sentence ,;'c. imposed by the Municipal Judge. Mr. Bradshaw seconded the motion which carried unanimously. The Clerk reported the following lands had bean acquired by the Inland Navigation District as spoil area and for tha t reason the City was unable to collect i'!;,,~.~ delinquent taxes against said lands, and the taxes should therefore be cancelled. ,Lots 20 to 27 Block C La Hacienda. S!~J Lots 29 to 34 Block G La Hacienda SiD 133.05 Lots 20 to 27 Block E La Hacienda S/DJ Lots 29 to 34 Block E La Hac ien da SID 120.61 All of Block F La. Hacien.da SjD 50.23 1206 COUNCIL CHAMBER - April 24, 1939 It was regularly moved, seconded and carried that the city taxes on ,this La Hacienda property be cancell- ed as unco lie ctable. Mr. Crego reported1tl'1..at Mr. H . W. Brown wanted permission from the City Council to remove trees located in front of his residence on N. E. 8th. Street, Del-Ida Park. He stated these were dangerous during the hurr.l.cane and storm season of tiD.e year. It was moved by Mr. Crego that Mr. Brown be granted permission to remove the treeS in question. The motion was seconded by Mr. Bradshaw and on roll call, the vote was unanimous and the motion was declared carried. Dr. C. W. Vogler came before the Council regarding a biLL in the amount of $15.00 for treatments rendered Jas.";'" Roberson, a city employe e. .l:'ayment of this, bill had prev- . iously been refused by the Council because members contended Roberson's disability was not attributable to infection from sewer gas poisoning Mil also because the treatment sin" question had not been authorized by the City. After some discussion, a motion was made by Mr. Crego that Dr. Vogler be paid said amount of $15.00. Mr. Bradshaw seconded the motion which carried unanimously; said motion being made with the reservation that such payment was not to be con- sidered as a precedent in such ma tters and that in the future, the Council would accept no responsibility for pay- ment of such bills contracted by employees, unless author8 ized. Mr. Miller, Chairman of the Parks Committee, re~q;~~ ommended the cons true ti on of a small shed at th3 ceme:tla17 ,''<i; for the purpose of housing tools and implements belonging to'," the City; and also recommended the purchase of a ton of >,:l)t,.~' fert ili zer and a fertilizer spreader. Moti on was made , ' .," by Mr. Crego and seconded by Mr. Bradshaw that theSe recomm....:.f endations of Mr. Miller be ccmplied with. un roll call, the '. vote was unanimous, and the motion carried. " T~ Chairman of the Sanitary Committee reported that certain streetGcorners in town were dangerous traffic hazards due, to tall hedges and shrubbery growing too close to the intersections. After brief discussion, Mr. Crego moved that the Street committee confer With the indi vidual property owners, and take the necessary steps to eliminate these traffic hazards. Mr. Miller seconded the motion which carried unanimously. Mr. Hall brought up the matter of liability ,insurance to cover privately owned cars used in connec- tion with city business, viz: the Police and Fire Depart- ments. It was decided to defer action on this matter COUNCIL CHAMBER '- April 24, 1939 m07,:: '~ r>,~:,~~. cl,,:., ..; until a later date in order for the members to familiarize themselves with the details of this particular type of policy. Mr. Bradshaw moved that bills numbered 4143 to ";;c., <~~~f' ,A195 having been o.K'd by the Finance Committee, be "X':; returned to the Council and ordered paid. Mr. Crego second~i1~ ed the motion and on roll call the motion carried unanimou.s-:'; ly. "';'1 There being no further Council, it was regularly moved, that Council adjourn. business to come before' the"" l.';','.: seconded and carried ~. J 4.h.) Cbt""A~ DepuDy Oity Ol~k , APPROVED: eAAJl~ Mayor ~'