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10-10-39 Regular 1320 COUNCIL CHAMBER 1, Octobe r :Kl, 1939 The Council met in regular session at 7:30 P.M. with too City Attorney and all members of the Couneil present. The minutes of the regular meeting of September 25th, and the special meeting of October 2nd were approved as read. An application waS read, frcm Norris Bird. applying for the position of lifeguard when an addi tional guard is employed for the Se ason, whioh application was ordered filed for future consideration. 'lhe followmg :Ie tter was: read, and ordered filed, together with the building permJ:t issued for ereotion .of the residenoe in Cluestion. 'I ~ Delray Beaoh, Florida October 4, 1939 t I I t Oity Counoil Oity of Delr~ Beaoh, Florida Gentlemen: ~ I understand that there has been oonsiderable discussion among members of the City Council as to the use for which my dwelling, looated on South Ooean Boulevard in this city, has been constructed, and that it has been said that I intend to use this dwelling as an apartnen1\ house. In order to clear this matter, I wish to make this statement in writing to the Councll that this bullding is being erected as a one-family residenoe and is not being erected as an apartment house. I wlll not in the future mEke any al terations in this bullding which will make the same an apartment house. I trust that this letter will make my position in this matter clear, as I do not wish to do anything to antaganize the officials or other oitizens o~ this oommunity. Very truly yours, . Mrs. Harry Warner ~! ;1 I ~ '~ J!t ..~ , }, :'it, ~~:: ~"; :};l ~ ill.' " ~: 0;.; ~:~t ;:~ "'" i!l!. 1321 COUNCIL CHAMBER - Ootober lO, 1939 i ; 1 An application for building permit was submitted from Ray Priest, for oonstruotion of a bus station and lunoh room, subjeot to approval of the State Hotel Commission, on the l5-foot strip of property lying South of Lot II B.lock ll6, originally dedioated as an alley and later abandoned by the City in JUne 1920. At a previous meeting it had been contended that the City- oould not legally abandon said alley, therefore the City Attorney was asked for an opinion on the legality of such abandonment. He explained that the original plat of Linton, contains a reversionary clause in the dedi- oation stipulating that all abandoned streets andalleys shall revert baok to the original owner his heirs, representatives or assigns, and that upon the abandon- ment of the alley in Blook ll6 this sixteen feet had reverted to Simeon Brinson, the original o,mer, whose heirs, in turn, had reoently deeded same to Ray Priest. Upon enCluiry by Councilman Ifall, Mr. Nowlin stated his opinion was that the City hadabandoned any rights it might have had to the disputed sixteen feet and that Mr. Priest:'!! title was good. , , , 1 , I I ! I & I I I t I i ~ , Mr. l?riest's application for bus station permiti. was thereupon taken under oonsideration, and on the bas is of the Ci ty Attorney's opinion, it was moved by Mr. Hall that permit be granted, as reCluested, on ~ oondition that toilet faoilities are installed for both I white and oolored patrons. Mr. Bradshaw seoonded the motion, and on roll oall the vote was as foliows: Mr.. Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes lIr. MUler yes. The motion crsrrled. The owner of the Estell dress shop appeared wiih referenoe to the Personal Property Tax bond reCluired of new concerns starting in business. The Clerk pointed out that the ordinanoe required a bond from suoh oonoerns in the amount of five times the lioense fee and that this amount was far in exoess of the usual personal tax levied against suoh plaoes. It was therefore moved' by Mr. Hall t~at an emergency amendment to the ordinanoe be drawn reCluiring these new businesses to pay a bond of twioe the amount of the usual 1 ioense . Mr. MUler seoonded the motion and on roll oall the vote was as follows: Mr. Bradshaw no, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The mot ion carried. i I \ , Mr. ;r.M. Cromer addressed the Council further with reference to the fUling and paving of Gleason Street. He stated Mr. Byrd had said that if the City would do this the County would connect up the South end of Gleason Street with the Ooean Boulevard. Mr.Cromer therefore oonsidered that now was the appropriate time to have the Street bu U t and recommended that the Ci ty i~ proaeed to do so at once. Mr. Bradshaw oontended that the projeot was not feasible at this time, and that the < . ! 1322 r I' I COUNCIL CHAMBER - October lO, 1939 whole area should be filled by hydraulic fill as one oomplete project at such time as development warranted it. He said, also, that there was opposition fmm several of the abutting property owners, to such improve- ment at the present time. There was considerable dis- cussion pro and oon, in regard to the matter, but no action was taken. << '> Mr. Crego reported that the Delr ay Lumber Company had made a l'roposition agreeing to rook the East side of N.E. FIrst Avenue, to the curb line, frcm Atlantic to First Street, providing the City 'MOuld rock the West side of this stretoh or read in like manner. Mr. Hall was opposed to this manner of widening, stat- ing that if it is widened, it should be completely rebuilt; otherwise it would not oonform to the present curb. Ife was not in favor of such improvement at the present time, as he said there was no immediate need for it. After ~rther discussion it vas finally moved by Mr. Crego that the Engineer be instruoted to give the grade for the rebuilding ofN.E. First Avenue from curb to curb, between Atlantic Avenue and Jlirst Street, the City to pay cash for the additional oost, over and above the contraot price, ll'hargeable to the Vilst side of said street and the Delray Lumber Company to assume such additional expense on the East side. Mr. Bradshaw seconded the motion," and on roll oall the vote was as fa~lows:Mr. Bradshaw yes, Mr. Crego yes, Mr. Hall no, Mr. HUl yes, Mr.. MUler yes. Mr. Hall said that in view of the limited budget appr.opriation f'or street work, he was opposed to such a large percentage of it being used in this particular place. He considered there were many plaoes in town where street improvement~ were more neoess ary. .' i j I , t.... " ( - \" v 1(', u Fred Soott, appeared at the meeting oomplaining of the mosquitoes and sandflies. He said he would like to see something done about filling the mudholes, and was in favor of the filling of Gleason Street as? means ..i" of relieving this condition. Ife requested that something be done in the way of mosquito prevention. No action was taken. , Call was made for objections to the Sidewalk improvement, advertised by Resolution No. 322 (Group 5) and Mrs. A.C. Krenz appeared objecting to such construot- ion, stating thlit the ydid not . believe the amount of pedestrian traffio on this 'street> neoessitated" the coli- struction of a sidewalk, but requested that if the City demanded'that it be done, that they be permitted to build it themselves. After discussion, it was moved by Mr. Crego that affected property01lllers be allov.ed until December l5th next, and if. at that time the si dewalk has no t been constructed, that the 0ity proceed to have .'1> 1324 COUNCIL CF~R - O~tober lO, 1939 AND PROVIDING THAT THE CITY MAY TRANSFER AND DELIVER A PORTION OF SAID SPECIAL CERTIFICATES OF INDEBTEDNESS TO THE CONTRACTOR IN PAYMENT OF SAIDSPECIAL JMPROVEHENTS. . The ordinances having been read in full, the first time, it was moved by Mr. Hall that they be pass~d on first reading. Mr. Miller seconded the motion and on roll oall the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes; Mr. Hilll yes, Mr. HUl yes, Mr. Miller yes. The motion carried. i Geo. Riley eDCluired as to the status of the proposed Atlantic Avenue sidewalk, East of the Canal, and was informed that Mr. Zook had promised to deed five feet of his property, South of Atlantic Avenue for the purpose of widening the street and permitting con- struction of the sidewalk so as to oonform and line up ,~th that portion built East of Gleason Street; and that, when said deed is given, the City propEes to proceed at once with the construction of said sidewalk. It was moved by Mr. Hall that the street depart- ment be authorized to construct, at City expense, pav-. ing at entrances of alleys to extend from. the street paving, as existing or being oonstructed, to a point in alley inside the widewalk line, such paving to ~e . in situations where sidewalks exist or are authorized;' also to make extensions of sidellJalks, at oorners, so as to bridge the gap between sidewalk and street paving where street paving does not reach to curb, or e.xtend roadway paving at such points to f'ill gap between roadway p~ving and sidewalk, partioular points to be designated by the Street Committee, all at City expense. The Chairman of' the Parks Commit tee reported that work on the Children's Playground had been author- ized by the W.P.A. Office, and reCluested the Council's authorization to pro~eed ,~th the project. Mr. Cromer advised that the City's oontribution to same was the form material, reinforoing, wire for tennis oourts, nails &c., the total oontribution amounting to $750.00, exclusive of any City employees' salaries. The Govern- ment's appropriation was $4,000.00 f'or labor and $600.00 for material. It was moved by Mr. Crego thatthetull",^ $750.00 appropriation be set'aside for this pro~eot, and that work proceed at once. Mr. Miller seconded the motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, 1lIr. Hall yes, Mr. Hill yes, Mr. MUler yes. The motion carried. , I ! ,~ ~ I . ~ m ~ " ". , I 1325 COUNCIL CHmMBER - October lO, 1939 r \ . Mr. Miller's reoommendation for Parks and Beach eCluipment, made at last meeting, was revived for con- sideration. Mr. Bradshaw said he was unf'avorable to the installation of much metal eCluipment on the beach, for the reason that it would rust out so quickly. It was finally moved by Mr. Hall tha.t Mr. Miller's reoomm€!nd- ation for beach and parks eCluipment amounting to $817125 be approved and that he be authorized to purchase and have same installed. Mr. Crego seoonded the motion and on roll call the vote was as foll CJWS: Mr. Brad- shaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried. Councilman Bradshaw advised that Foy Shivers had purchased another truck and had made the City the same advertising proposition as given on his other ~ruck, viz. that he would permit the painting of a Delray Beach advertisement on same providing the'City would bear the cost of' such sign. After disoussion it was moved by Mr. Bradsmw that the Council authorize an expenditure of $lOl.62 for such advertising. Mr. Hall 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 carr:led. On the recommendation of CounoilmanMiller, it was moved, seconded and unaniPlously carried that .a street light be installed in each of the following locations: I ! ,~ I ~ a ,; . ~ Corner of N.E. 4th Avenue &. lst Street I i I :~ ~ ~ :ii~ "r t;', J L Corner of N.E. 5th Avenue &. 1st Street (outside Erskine Parks Cleaners) Mr. Miller reported that Dr. Davis had i ncurrlid an expense of $8.00 in oonneotion with his duties- as.:-~ Real th Officer !'lnd sinoe the Doctor re ceived no oom".0;: pensation for such servioe, he moved that Dr. K.M..Davis be reimbursed for the $8.00 paid out on wires and tele- grams, in this oonnection and be refunded the amount of his oooupational license, in recognization of his service to the City. Mr. Crego seoonded the motion. Mr. Miller then withdrew his moticln, with the consent of Mr'. Crego, and it was moved by Mr. Hall tb/;J!t Dr. Davis be repaid the amount of the expense incurred and that he, aSe Ci ty physician, be paid a retainer fee ...01: $10.00 per month. Mr. Crego was not in favor 01: this motion and Mr. Miller said he did not believe Dr. Davis would be partioularly favorable to such monthly oom- pensation, but would appreciate the Counoil's recogni- tion of his work in the manner he had suggested, where- upnnMr. Hall withdrew his motion and CouncUman Miller renewed his previous motion. Upon unanimous vote 0: ,>,', ;~ .t{ i :~ -j I " . ~i $; i j,~ ~ W~ ~ ~ 1326 COUNCIL CH~ER - Ootober 10, 1939 r' l , it was acrordingly agreed to repay to Dr. Davis the $8.00 expense aooount and t.he amount of his 1939-l940 occupational license. It was moved by Mr. Crego that Harrison Edmonds be granted barber license without being req1lired to pay the $5.00 restoration fee demanded Where license has been allowed to lapse. Mr. Hall seoonded the motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Kall yes, Mr. Kill yes, Mr. Miller yes. The motion carried. , << c ORDINANCE 327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AMENDING ORDINANCE 206 ENTITLED "AN ORDINANCE BY THE CITY COUNCIL OF THE CTI'Y OF DELRAY BEACH, RELATING TO AND REGULATING, CONTROLLING AND GOVERNING TEE ERECTION, CONSTRUCTION, LOCATION, SIZE AND USE OF BUILDINGS .AND STRUCTURES OF EVERY NATURE AND KIND TO BE HEREAFTER BUILT &0., &0., &0., ~ I , ~ i :'1 i j 1 ,6 ",,~~::! t By motion regularly made, seconded and carr:l.ed the following crdinance was placed on its second readingJ.' . [' l " ~ __eJ I ,I The ordinanoe baving been read in fUll the second time, it was moved by Mr. BradShaw, seconded by Mr. Crego, and on roll call, unanimously carried, that the ordinanoe be passed on its seoond reading and final pass age. ( Mr. Novdin reported on a citizens mass meeting, held Thursday night, Ootober 5th, at which he had been aSked to aot as Chf!irmen -and Mr. Hand, Secretary. In. the absence of Mr. Hand he presented the re Cluest of .the, oitizens present at this meeting, said reCluest being that the City council proceed to oall a primary eleotion to ~eleot nominees to go into the general eleotion scheduled for Deoember 5th, 1939, at whioh primary eleotion all qualified eleotors in the City shall be permitted to vote. It was further requested that the Counoil immediately pass an ordinance calling and pro- viding for the holding of such primary election. Mr. Nowlin thereupon submitted the following ordinanoe; and on motion regularly made, seoonded, " and carried, it was plaoed on its first re~ding. ORDINANCE 333 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAYBEACH, FLORIDA, CALLING FOR A PRIMARY ELECTION ",:" t I w I ".^~ II' lLJ It w~s regularly moved, seconded and oarried that theordinanoe be passed on its final passage.