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09-25-39 Regular COUNCIL CHJMBER September 25, 19:59 '1Ihe Council met in regular session at 7 j30 P.M. with the City Attorney and all members of the Councll present:. The minutes o'f the regular meeting o'f September 11 th and the special meeting of September 18th were app rove d as' re ad. ~e 'following communication was read: - DEI,RAY BEACH CHAMBER OFOOMMERCE De1ra1' Beach, Florida September 20,1938 I Honorable Mayor 8c. Members o'f the Oi ty Councll Delray Beach, Fla. Gentlemeni At a reoent 1Ileetingo'f our Board o'f Direotors we again dlSO'uss'ed t'hemO'V81Itentf'or the erad- ioat1on of Sam Flies and Mosquitoes ,whioh movement is being'made a county wiue proposition. Our Directors are hearvll1'in favor of this movement but we believethatourt'lit1' sl:1ould be represented at these meetings so we are go ing to ask your honorable body to appoint, one re- , presentative f'rom our City to be at thesemeetings when called and bring back a report to the oouncil in order that you may be informed just what 1s going on. Thanking you 'for your oonsideration 01: this ~et'er, I remain, Very truly yours, S.H. .Tones Seoretary eClllllllnting on the letter, JIIr. H'a11 said he believed same msmber of the Chamber o'f Commerce woul~ be the logical representative to attend'these meetings as there was nothing, he said, the Counoil oould do. 1307 , .-: i i 1 .; \ ~ 1 l , , I t ~ I COUNCIL C~ER - September 25, 1939 r as a oounoil, sinoe any eradioation project would necess- arily have to be a county or oommunity-wide proposition. L.C. Hand reported having attended the meeting held in West Palm Beaoh, in the interests of mosquito eradioation and said that whether the City was for or against the idea if the oommunity is to be taxed for suoh work, he believed the Counoil should send a re- presentativeto the meetings in order to be in1:0I'ml d as to what methods are be ing' oonsidereu. He rEiloommended that Mrs. Hovenstein be appointed as suoh representative, stating she was muoh interested in this work. Mr. Hall suggested that sinoe Mr. Hand would be attending the meetings anyway for the purpose of report- ing them, that he aot as DelrayBeach's delegate. ~. Hand cleolined the appointment, hOVlever, whereupon it. was moved by Mr. Grego that Mr. Bradshaw be del egated~ 1m Rall seconded the motion and on roll call the vote was as 1:o11ows: Mr. Bradshaw not voting, 14r. Crego yes, Mr. Hall yes, Mr. H1l1 yes, l&r. Mlller yes. The motion oarried. ( U. ~~ ....'.1 A letter was read from Ch:ie f .Tustioe Terrell, of the Supreme Court of Florida, informing the Mayor that the Cityfs validation suit would be aoted upon promptly when presented. () A letter was read from the Chief o'f the Fire De- partment, re oommending that. tl:1e inner :f'ire limits be extended to inolude the 'following area. l:55' !forth and South of Atlantio Avenue 'from the present east boundary, east to the east City limits. All of mock 1. and the east one-half of mock 2 of Ooean :Park. The east 320 feet of the South one-half of Beach Lot 19 and the east 320 feet of the North one,..half 01: Beaoh Lot 20. 'It was moved by Mr. Bradshaw, seconded by:Mr. MUler, and on roll call, unanimously oarried that the oommunicat ion be f'i:1ed forturther oonsideration. '!'he following letter in regard to issuance' or bulldlng' permit in mook 111 was read: Li." I : September 23,1939 Honorable Mayor 8c. City Council Gentlemen: 1308 . j ! I . , I <~ I , I ; i ",-...~,,_.,-" - .- 7"--~'-'".....,..."_.q.~-r,;'~"'--~""~-,..".,....,, ., ' -.\.. 1311 COUNCIL CHAMBER - September 25, 1939 r-- ... ~is WDu1d be a proteotion for the many ohildren that have to oross Atlantio Avenue going to and from s ohool. Any consideration you give this matter will be greatly appreoiated by us. Respeotfully submitted, nave Hogan, Commander Colored Veterans of the World War, I'h. Robinson, President, PTA L.L. Youngblood, Chairman Civlo League r I i , l _ C:ouncl1man Hall explained that there was no way whereby the City oould build sidewalks exo~t by assessing the oost to the abutting property. He said, further, that if it was poss ible for property owners aDd oitizens to raise su'ffioient money- to pay for the sidewalk improvement, possibly the Council v<<:Juld be wil11ng to make some conoesslonas to the type of side. walk required to be bullt there. HB said a rook walk, rolled and oiled might be permittedinsteBd of the standard cronorete type. He said the stop light r~quested, had been reoonmended last year and would probably be . installed. :It was finally moved by:Mt-. Bradshaw that the request be referred to the Street Committee to work out a.nd report b aok-to 'the Councll at its next meeting. Mr. Hall seconded the motion, which on roll oall, carriedunan1mously. , 4 j \fi: jj; JIr. A. C. Krenz appe ared protesting the pro- posed widening.of N.E. First street between 4th and Seventh Avenues. lIe said he considered the foot traffic on the street was insuffioient to warrant oon- structlon o'f a sidWalk and neither did he think there was enough vehicular traffio to neces~tate the widen- ing of First Street at this point. He registered pro- test on the grounds that these improvements were un- necessary at this tims, and theoost muld be a finanoial hardship to him just now. Henry Baroh likewise pro- testtd the widening o'f First Street adjacent to his property, Lot 12; Block 99, stating that the trar-riO~"': on First Street did not warrant suoh widening. In view of these objeotions, Mr. Miller moved that action be deferred on this par~icular improvement. llIr. Rall oontended that the 270 feet, represented by the objectors, out of the total l620 feet of proposed improvement was a minority objeotion and did not justi-ty ~. .' .. f! "'. I . , r , ( " [1 -, ( L. 10:; -- "'~'"",","""'--"""",",':~,"-"'o'~:"~'r~"'\-"""""">> _"',",,,.,,,~,"".,.,_:.,,"C'~""''"._'_.....'"'~'~'''''''::':'r''''''''''~''''':'';:'''''''''--'''''''~'''""':~-'''""", '","d'l'_~ ""!I --".~''''' ':.'".""""",~,..- """',ilr:""'""~~'"""",",__=~,,,,,",,,,,,,,,~,, ,_,< ~''''_",,",,'~''~.......-, 1312 COUNCIL CHAMBER ~. September 25, 1939 the holding up of the improvement. Mr. Crego seoonded Mr. Miller's motion however, and on roll call the vote was as follows : Mr. Bradshaw. no, Mr. Crego yes, Mr. B'all no, Mr. Hill no, Mr. Miller yes. T;he motion was deo1ared 10st~ It was aocordingly moved by Ur. Hall, that the ctounoi1 deem the objections insuffioient. Mr. Bradshaw seconded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Cr-ego yes, Mr. gall yes Mrr-. Hill yes, Mr. Miller no. The motion oarried. Call having been made for objections to the lot oleaning work, as advertised in Resolution 307, to the Street paving and improvement work advertised lU Resol- ution BOI, 5~Ot313, 316 and 319, and only the aforemen- tioned objections having been made thereto, whioh obje~t- ions had been deemed in;:lIIf'fioent,it waslIlOved by Mr. Ball that the City prooeed with the work of 10t-01eaning as ordered by resolution 307 and that theoontractor be au" thorized to proceed immediately with the street improve~ ment work as outlined in resolu'tions 310, 3l3, 316 and 319. Mr. Bradhaw seconded the motion and on roll call the vote was as fol1.ows: Mr. Bradshaw yes, Jit,r. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Mlller yes. The motion carried. Work on sidewalk oonstruotion, as advertised in Resolution 322, was deferred until date set for hear- ing 01: complaints, viz. Ootober 9th, 1939. It was moved by Mr. Bradshaw that a oontract be drawn in aooord with bid submitted, (with plans and speoi'fications attaohed) and that the Mayor and city Clerk be authorized to. execute and enter into said contract with Harvel Brothers for the street paving work outlined in said resOlution 310, 313, 316 and 319. :Mr. Crego seconded :t/he motion, and on roll oall the vote wa-s as follows: >>r. Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mor. . Miller yes. The motion oarried. It Vo'8s(regularly moved, seoonded and oarried that the following ordinanoe, amsnding Section 1 of the Zoning Ordinanoe be placed on its first reading: ORDIN~QE ~2"T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AMENDING ORDINANCE 206 ENTIn.ED "AN ORDINANCE BY THE Il'ITY COUNCIL OF THE CITY OF DELRAY BEA~,.- ~UTJ'NG TO _..ABD. l'l]l:QULA':l!mG.. CO~TROLLmG .. .... AND GOVEHlfING 'l'HEEREC'l'ION,CONSTRtTC'l'ION, LOCATION, SIZE AND tTSE OF BtTILDINGS AND STRBC'l'URES OF EVERY NATURE 8c. KIND TO BE HEREAFTER BUILT 8c.C.&C.&C. if 'rhe ordinance having been read in full, for the first time, it was moved by Mr. Miller that it be passed on its first reading. -"'~""--"-""''':?~'-' ,-' "'-"--'--~~ . ~"" .~ ~ < ......""'... ""'. .""" 1314 .COUBCIL CHAMBER - September 25, 1939 :-.- .. September 25th, 1939 To the Members of the City Counoil City Dear Sirs: 1: wish to call your attention to a oertain water a&count in the name of BA.H. Walker~. I feel that this aooount is unoolieotibleand am there- fore seeking your advioe sbout same. The last payment made by them was $5.00 paid on .Tu1y 1st; sinoe that time there has been nothing paid and the bill is now $14.49 Whioh only ino1udes what is due up to Sept. 1st. In the past, at times when Mr. Walker has been sway due to illness (which I understand he is. now) the Council ~as given his family water f'ree of charge but in oonsidering suoh a solution, the fact should be remembered that there is also another house oonnected on the same meter whioh would, of oourse, be giving the other family water free also. Needless to say, every effort has been made to oolleot this bill exoept aotually turning the water off and I shall be glad to do anything further whioh would be oon- sidered eXpedient in the discretion of the Council. I would like to know the p1e.asure of the Members in regard to this aooount. Thanking you, I am, SincerelY', Lee Belle Priest Deputy Clerk. ~::~ p After dis ouss1on, it was-moved by Mr. Mlller, secomed by Mr. Crego, anduna:d:1lll.ously carried, on roll call, that the matter be re1:erred to the Water Committee to use its own dis'oretionas to adjustntent. I I . Lr rc, CouncUman Mlller, Chairman of the Parks COllll1ittee, submitted a list of parks equipment am im- provements for both the Beaoh and Clty Park, whioh he estimated would oost appronmately $8l7.25. These he recomnended for the Cottncil's approval. ).!ro. Bradshaw asked that aotionbe de:terred on approval of Same to allow other members of 'the- ParbCOlilJUitte6 to gointo~"" these items of equipment and their proposed location far ins tall at ion. 'Ihisre-ques'twas agreed to. I4r.Ml11er further reoommended that the Oi ty finish the bulkhead at 'the Nonh end of the City park to tie up with the private wall of Yr. Cornell~ He s$ld the City would supply labor am rook, on hand, and' . 1316 COUNOIL cqAMBER - September. 25, 1939 f i L sand for the 1'111, so that the cost for this seotion of bulkhead would probably not run over $100.00. It was moved by Mr. Hall that the City Engineer be instruoted to build saidseotion of seawall with City labor and rook he has on hand. Mr. Crego seoonded the mot10n whioh, on call, oarried unanimously. Mr. Hall said the Fire Departmsnt was in need of 500 feet of fire hose and hemoved that immediate purohase o'fsame be mede at a oost of $600.00. Mr. Miller seconded the motion, and on roll oal1 the vote wss as follows: Mr. Bradshaw no, Mr. Crego no, Mr. Rall yes, Mr. Hill no, Mr. Miller yes. It was agreed to defer all suoh purohases un1;11 after the beginning of the newfisoal year. Mr. Bradshaw moved the adoption of the propOsed submitted budget far 1939-1940. Mr. Hall seconded the' motion with the remark that he was very muoh afraid the budget had been out too olosely and that the Oity oould not operate effioiently under the set-up provided. On roll oall the vote was as followa: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hal.1. yea.., Mr. Hill yea, Mr. Mlller no, stating hS'was so votingf'ar the reason that no provision had been made for repaying' to the Wat-el."Fund of moneys borrowed therefrom. Re was informed that a 1-mill levy, separate and apart from budget appropriations, was con- templated for water fund re-payment. .. " It waft moved by Mr. Bradshaw that the bond mlll- age for that seotion of Delray Beaah, formerly known as the City of Delray, be set at 23t m1l1s for bond ser- . viae aDd 4i mills for legal and other expense incidental to the bond'refuDding..;/ that the op'erating levy througl:!.- out the entire City limits be 26 mills for general operating and 1 mlll for repayment of moneys borrowed from the Water Fttnd. Mr. Crego seoonded the motion, . whioh oarried unanimously. It was thereupon regularly moved, seoonded and carried that the following budget and levy resolutions be adopted in aooord with prev- iously adopted motions. RESOLUTION 328 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ PALM BEACM COUNTY, FLORIDA, ADOP'l'IN6 nSANmJ.ALBUDGET OF ESTIMATED EXPENSES FOR 'l'HEFISCAL YEAR 1939-l940, AND LEV I.l1'iG A TAX ON ALL PROPERTIES WI'mm THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPER- ATION, and LEVYl;NG A TAX FOR PAYMENT OF PRINC.IPAL AND INTEREST ON BONDED INDETEDNESS . AGAINST THE PROl?ERT't'\x.oCATED IN THE FORMER CITY OF DELRAY BEA~~,.AND AlLOCATING AND APPROPRIATIN~'SA~]) CotLEOTI9NSTHEREUNDER, AND FOR THE Plffll!'O$E OFLEvtJ.tfG A TAX arOR PRINCIPAL AND INTERES'i' .AGAmsT'l'HE.PROPERTY LOCATED IN - ----.,< -""""-" ....-.. --.........--.....-..... .............. OOUNCIL CHAMBER - September 25, 1939 1316 , RESOLUTION 329 A RESOLUTION BY THE OITY OOUNo:ru!ltJF THE OITY OF DELRAY BEACH, FLORIDA, ADOPTING A SUPPLEMENTAl. BUDGET FOR THE WATER DEl' ARTMENT AND FIXING TEE APPROPRIATIONS FOR THE SAME FOR TEE FISOAL YEAR 1939-1940. It was moved by Mr. Crego that bil;Ls numbered 4657 to 47ft ,having been O.K'd by the Finlmce Committee, be returned to the Council and ordered paid. Mr. Bradshaw Se oond~d the motion, \lilloh on roll oal1 oarrjed unanimously. :Mr. Rall. reported the installation of water line to serve oolored oitizens in the Maggie Rolle Subdivision, as previously requested. '~ Mr. Hill recommended that the Oi ty Olerk be authorized by the Oounci1 to extend to :the Golf Course Committee the !II1ount of $200.00 to be used by said oommittee as a petty oash fund to take oare of inoidental oash expense, bills for same to be turned In regularly for the apProVlrlaf'1;heCounocU. It was aooordingly moved by Mr. Hall that suohamount be allowed in aooord,.. anae with :Mr. Hill's reoommendation. Ur. Bradshaw seoonded the motion whioh, on roll oa1l, oarried unanimoUSly. The Clerk reported havb:l.g reoeived a total of $167.20 on t'he propos-ed Nassau Park drain, whioh Mr. Cromer estimated would praotically oover the oost of this work. It was believed the remaining $35.00 charged to five remaining property owners would not be paid, and inasmuoh as oontribu1;ors' towards tile fund urgently requested the immediate oonstruotion of this drain it was regularly moved, seconded and unsnimous1y oarried that this work be done without delay. It was regularly moved, seconded and carried that Mr. Baker be authorized to have the hole in First Street, between 4th and 5th Avenues 1:illed, in what- ever manner he deems the chflapest and most satis'faotory, and that Mr. Cromer be directed to set the stakes for this work. Mr. Bradshaw seoonded the motion, whioh on roll oal1 carried unanimously. Mr. Hall recommended that traffic lights be placed at the corner of Atlantio Avenue and N.W.r1:f'th Avenue, at the C'ornerof Atlantic Avenue arid H.E. Fourth Avenue and at the corner of the Federal Highway and R.E. Seoond Street. Mter discussion it was agreed to defer action in this regard until after the new budget becomes operative. [ i l . OOUNClL ~ER - September 25, 1939 1317 n Dr. Nowlin reported having been requested by Dr. Love to ask if there was any possible way that the Counoil or Po1ioe Department might arrange for a 10 min- ute parking regulation in front of drugstores and suoh plaoes of business. The Counoil thought some suoh arrange- men t ~ould be made, and reoommended that the matter be referred to the Mayor and Polioe Departmsnt wo work out. It was regularly moved, seoonded and oarried that Counoil adjourn. .. ~~~G rvwp ( APPROVED: 'k &( )ji~ Ii .' r' .0" _J ( L