07-10-39 Regular
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COUNCil. CHAMBER
;fuly 10, 1939
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June 28,1939
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Ci ty of Del ray Beach
Delray Beach, Florida
Gentlemen:
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We are pleased to submit the following estnnate
on proposed beautification project.
Planting on S. W. ls t. Avenue
90 Pittoscolobium, 3'-4' @ 25~ 22.50
Planting on N.E. 1st. Avenue
115 Bitter Almonds, 3'-4' @ 25~ 28.75
$51.25
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Yours very truly,
MikeL. Blank.
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:t250
COUNCil. CHAMBER
July 10, 1939
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The Chairman of the Parks Committee recommended
that property owners on the within mentioned streets be
consul ted as to the type of trees they preferred and said,
further, that if the trees were satisfactory to all con-
cerned and the people along the streets did not think they
shed too many leaves he would ll"ecCIlllllend the purchase ~r
them. No action was taken however.
Mr. Geo. Pinckney addressed the Council askiDg'~""
that something be done to N.E. Third Street, adjacent to
the funeral home, complaining that Fifth Avenue was too
narrow for parking and recommending t.he dumping of a couple
of loeds of rock on said Third Street so that cars might
park there instead of" on the hfghway. .The MaYOr re.commend-
ed that the complaint be referred to the Street committee,
to be included in the general street improvement work
proposed thrcughout town. The Chairman of the Street
Committee agreed to look at it and make r~commendation to
the Council in regard to same.
Arthur Aprott came before the Council, in the
interest of Del Mor Farms, asking that the City purchase
paving certificates assessed against the property of R.C.:
McNeil and held by Del Mor Farms for the construction of"
AndreWS Street. His argument in desiring to dispose of same
was that Mr. McNeil had refused payment of the lien on the
grounds that no r igh t-of-way had been given, and. inasmuch
as the City, and not the contractor, was responsible for
this omission, he felt the City slx>uld be the one 'to enforce
collection. He asked no cash in payment of these certific~
ates but requested that a tax credit be allowed him of
$776.22 on delinquent taxes and $239.'76 on future taxes, in
exohange for the following certificates and interest.
Ctf" # 19 Lot 15 Vista Del Mar R.C.McNeil 453~5o
Ctf # 20 Lot 14 " " " "" " 453.56
Plus into @ fYf" per annum to 'Apr 15,1939 1013.86
11,015.98
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It was accordingly moved, seconded and unanimousl~
carried that the Clerk be authorized to purchase said
certificates and coupons f"rom Del-Mor Farms, and that the
money be immediately returned to the City as payment for
delinquent taxes and credit on future taxes.
Miss Galvin asked whether the City had taken any
further action in regard to an ordinance regulating noise
and building operations during the winter months,. and
recommended that such action be taken a t once, in readiness
for the coming season. The Mayor recannlended that this
be called to the attention of the Ordinance Committee.
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:1251
COUNC lL CHAMBER
- July 10, 1939
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A letter of recommendations as to extension of
f"ire limits in the City was reeeived from the Fire Chief,
whereupon it was moved by Mr. Crego that the City Attorney
draw up an ordinance covering Mr. Cook's recommendations.
Mr. Miller seconded the motion, Which carried unanimously
on roll call. -
Application ,for permit to move the roof and sheet
metal shop of Southern Roof'ing Compmy from lot 23 block
81 to the E! of lots 18,19,29,21,22 block 89 was submitted
f"or the Council's action. Councilman Miller recommended
that the members investigate, to see Whether the change
of location was advisable, before acting on or the granting
said 'permi t.
An application for permit to erect a 4x8 "ForSale"
sign,on the property of F.J'.Cox was' also presented. Mr.
Miller moved that permit be granted, and that applicant be
~ncouraged to reduce the size of same and set it back
further from boulevard, if possible; also that the building
inspector require t,he sign to be properly anchored and brace
Mr. Hall seconded the motion, and on roll call the vote was
follows: Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr.
Miller yes. The motion carried.
A letter was read from Geo. Green requesting that
the water hole on the Zook property, in the rear of Mr.
Green's home, at 109 Nassau Street, be filled. Since the
hole complained of was on private property the members were
of the unanimous opinion that the City could do nothing
abou tit unl ess all of the muck land was required to be
filled by regular legal procedure.
The following letter was submitted and read:
Del ray Beach, Flor ida
July 1st. 1939
Mr. C. W. Hill
Mayor, City Delray Beach.
Dear Mr. Mayor:-
Owing to a feeling of antagonism against myself
personally and the Golf' Course in general I have
decided to resign from all the c~ittees with Which
Iam ccnnected. This resignation to be eITective at
once. The canmittees are.
The Bond Committee
The Tax Adjustment Board.
The Assessment Committee.
The Golf Committee.
I Ufidijp~~afid that there has been some criticism
of the Assessment Committee.
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125#
COUNClL CHAMBER
July 10, 1939
The members of the Assessment Committee considered
that owing to the situation of the Bond refunding
and the possibility of" Bankruptcy proceedings
it would be a mistake to increase the assessed .
value of tb,e City until this matter had been cleared
up. That is the answer to those who have critic-
ized.
I will not ify Mr . Mittendorf" and Mr. Cook of
the change so f"ar as I am concerned.
Yours very truly,
E. M. Wilson
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It was moved by Mr. Hall that the resignation
be accepted for the reason stated.
Mr. Bradshaw was not in favor of accepting the
,resignation and Mr. crego made a motion that Mr. Wilson's
resignation be filed for consideration and action at next.,
meeting. He said he wanted to see if the man reallJ..,
meant, it. Mr. Hall seconded the m@tion, and on rQll calJ,
the vote was as follows: Mr. Bradshaw no, Mr. Crego yes,
Mr,. Hall yes, Mr. Hill yes, Mr. Miller no"t voting. .The '
motion carried.
W. L. Lynde, aerial contractor, addressed>t'he~~i
Council, stressing the meed of water tank repairs and>;.
painting. He said the tank, in particular, needed ca.ulki
ing and the leaks stopped as the riser pump leaked from ",
top to bottom and was rusting fast, and should have ;'"
something done to it very SOlon. Mr. Ha.1:l s;a.id thatsinoe
there was a pos'sibility of having to increase the oB;l>ac..,;
ity of" the tank, in the near future, .he,was not in.,f"avoJ:'>'
of any extens ive repairs until that tee. It was finalI,y
agreed that the Chairman of" the \'I"a.ter Oommit1iee and ~'"
Lynde inspeot the "!tank,' and make reoommendations to the'
Council as to immediate work necessary at this time.
Cc:mplaint was made regarding the water;:gress..
ure at Mr. Link's garage apartment in Del Ida Ptill and
at Mr. Pinokney's residence, N.E. Fifth Avenue, ap.da. .
requesttl1at the water mains be enlarged to remedY' the
condi t ion. ;,
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Mr. Miller enquired whether a report .hadeveri'cl
been made by the Building Inspector and Police Depa;l:'t-),
~~nio~ ~~~a:s t~l1;~n:~rh:i~~;~~~~~t W~~:'::e~i:~:i;';i
by the Building +nspector at the meeting of April 10.1939
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COUNC il. CHAMBER
July 10, 1939
The following ordinance was submitted and
placed on its first reading.
ORDlNANCE
296
AN ORDlNANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, REGULATING THE ERECTION, CONSTRUC-
TION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING,/. Rl!:MOVAL~12EMJLITION.....CONVERSION,
OCCUPAl'lCY, EQ.Ul..t1VlJ!iNT, USE, .l1ISIGHT, AREA
AND MArNTENANCE OF ALL BlJJ:LD:ttms AND/OR STRUC-
TURES IN 'lHE CITY OF DELm.Y !!ACH, :!!'LORmA;
PROVIDING FOR THE ISSUANdEoF PERMITS AND
COLLECTION OF FEES THEREFOR; PROVIDlNG
PENALTIES FOR THE VIOLATION THEREOF;DECLAR"-
ING AND ESTABLISHING FIRE ZONES, AND REPEALING
ALL ORDINANCES AND PARTS OF O:RDlNANCES IN
CONFLICT THEREWITH.
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It was moved by Mr. Bradshaw that said
ordinance be passed on its f"irst reading, which motion
was seconded by Mr. Miller, and on roll call, unanim-
ously carried.
It was further moved! seconded, and oa.rried
that the City purchase 100 ccp:Lesat $85.00, or 'thei
'l'Uhif"OI1ll Building Code, 193'7 Edition, published Aprfi
1937, by Pacif'io Coast Building Official 's Conf'eren.ce~
same 'to be re-sold to local contractors and builde~s
requiring same.
It was moved by Mr.. Crego that bills numbe:r13d<'
4404 to 4452, having been O.K. 'd oy the Finanoe Colim-
ittee, be returned to the Counoil and ordered paid.
Mr. Bradshaw seconded the motion, which on roll call,
oarried unanimously.
Call for objections to the Laing Street.
improvement was made, but no objeotions were received'
ei ther by 1 etter or in person.
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Mr. Miller asked when the Counoil proposed to'"
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hold the Ref"erendum Election f"or voting on the adopti9Pc'C.
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of the Charter amendments embodied in the recent"'0(~"i"
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legislature Act, viz: House Bill 1808 Acts of 1939, andJ'" ,
it was mo<Ved by Mr. Hall that l'egular procedure be "
followed, and the Mayor. aut borize:' the drawing of' a
proper resolution calling an election f'or the first
1154
COUNCIL CHAMBER
J"uly 10, 1939
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Tuesday in August. Mr. Miller seconded the motion and
on roll call the illote was as follows: Mr. Bradshaw yes,
Mr. Crego yes, Mr. Hall yes, Mr. Hill ye s, and Mr.
Miller yes. The motion carried.
The following ordinance, as submitted by the
City Attorney, was by motion regularly made, seconded
and carried, placed on its first reading:
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ORDINANCE 294
AN ORDINANCE CONFIRMING AND EQUALIZING ABSESS-
MENl'S FOR THE GRADING AND PAVING OF SOUTHEAST
SECOND STREET, FROM SOUTHEAST SEVENTH AVENUE
TO SOUTHEAST EIGHTH AVENUE, AND LEVYING SPEC-
IAL IMPROVEMENT ASSESSMENTS AS SHOWN BY THE A
ASSESSMENT ROIJ.. FOR SAID SPECIAL IMPROVEMENl'S;
PROVIDING THE METHOD SAID SPECIAL ASSESSMElrrS
SHALL BE MADE;' THE TIME WHEN ~ SAME SHALL
BECOME PAYABLE; THAT SAID ASSESSMENTS TO BE
LEVIED SHALL BE A LIEN FROM THE DATE OF THE
ASSESSMENT UPON. THE RESPECTIVE LOTS DESCRIBED
IN SAID ASSESSMENT ROIJ.. AND SET FORTH HEREIN;
THE MANNER IN WHICH SAID ASSESSMENTS ARE TO '
BE COLLECTED AND. PROVIDING FOR THE ISSUANOE
OF SPECIAL CERTIFICATES OF INDEBTEDNESS FOR
THE AMOUNT SO ASSESSED AGAINS'r THE ASSESSABLE
PROPERTY AND PROVIDING THAT THE CITY MAY
TRANSFER AND DELIVER A PORTION OF SAID sPECIAL
CERTIFICATES OF INDEBTEDNESS TO THE CONTRACTOR,
IN PAYMENT OF SAID SPECIAL IMPROVEMENTS.
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It was moved by Mr. Miller, seconded oy
Mr. Bradshaw, and on roll call, unanimously carried
that said ordinance be passed on its first reading.
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Mr. Hill submitted a sketch by Advo Studf~s
for lettering to be placed on Foy Shiver's truck fq:!,"
the purpose of advertising Delray Beach, and after,K
e,xaminat ion by the membe rs, it was moved by Mr. Hall
that the advertisement, as submitted, be accepted and
the work done on the basis agreed upon. The bid was
for all lettering to be in silver leaf outlined in '
black, map of Florida in Green with silver and black
outline, at a price of" $33.88, making a net cost of
$101.62. Mr. Bradshaw seconded Mr. Hall is motion, '~d
on roll call the vote was as follows: Mr.. Bradsli~~'
yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, I'll"..':
Miller yes. The motion carried.
After further discussion, it was moved th~t
the exact worliing of the sign be lef"t to the dll:scret'ion
of the Mayor and a committee, outside the Council, to .
decide as to the most~Z~.le. Mr. Bradshaw seconded"
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12&1
COUNCIL CHAMBER
J"uly 10, 1939
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Mr.
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motion and on roll call
Bradshaw yes, Mr. Crego
voting, Mr. Miller yes.
the vote was as follows:
yes, Mr. Hall yes, Mr. Hill
The motion carried.
It was also moved by Mr. Hall that Mr. Shiver
be paid $25.00 for the privilege of permitting said
sign to be placed on his vehicle. 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 yes. The motion carried.
It was regularly moved, seconded and carried
that Council adjourn.
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APPROVED:
--aw~
Mayor
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1256
COUNCIL CHAMBER
July 10, 1939
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The Council met, pursuant to a notice duly published,
and in accordance with the ordinances and charter or the
City, as a Board of Equalization, at 9:30 A.M. with the
following members present: Mr. Bradshaw, Mr. Crego,
Mr. Hall, ~. Miller and Mr. Hill were absent.
Lee Monroe came before the board asking for a reduct-
ion in the taxes on his property in Block 11, Which he
contended was simply his home and was not a revenue-produc-
ing property; that it had no city improvements such as
lights, streets or fire protection. After discussion it
was recommended that the assessment be cut down so that
his taxes would be reduced from $11.55 to approximately $6.00.
Upon complaint of" D.J. Morrison that his warehouse,
located on Lot 9 Block 92 was assessed too high, the Board
compared same to the J"ohn Berg store building on Lot 2 .
Block 92, and similar rental properties, and decided Mr.
Morrison's contention was correct. Considering the rental
possibilities of the bUilding, the Board recommended that
it be assessed at approximately $1,600.00. .
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A written complaint was received from E.B. Nichols
to the effect that his ten acres in Section 20, facing 330'
on Swinton Avenue and running back 2640 f"eet with a 330 f"oot
frontage also on S.W. Fourth Avenue was assessed too high.
After going into this complaint and comparing it am~ the
Page property with other adjacent land, and properties
similarly located in other parts of town, the Board consid-
ered same to be equitably assessed and recommended that no
cl'l.ange be made in the valuat ion.
No f"urther complainants appearing before the Board it
was regUlarly moved, seconded and carried that the meeting
adjourn.
mnfr#{ err
C ty ler
APPROVEDF
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