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11-27-39 Regular 1355 r COUNC II. CHAMBER November 27, 1939 'I'he Council met in regular session at 7!30 P.M. with the Ci ty Attorney and all memberS of the Council present. i,L_..; Councilman Crego asked that the minutes of the special meeting of November 15th be corrected to show he had voted to approve the bill of Chapman &. Cutler but had later withdrawn his motion, upon recommend- ation of the Finance Committee, and that he had not made a motion to approve payment of the Adams &. Npwlin bill. ';'11th this correction, it was regularly moved, seconded ann carried that the minutes of the regular' meeting of November 13th and t'le special meeting of November 15th stand approved. The Clerk read a communication from the Chamber of Commerce askin~ financial assistance from the City, to the amount of il'250.00, which the letter stated would carry the organization through until February 1, 1940. Mr. Diggans. Chairman of the Bc:a'rd of Direot- ors, also 'addressed the meeting in the interes1E of the Chamber, explaining the type of service it was render- ing and stating that it had always been the organization's policy to operate on a strictly cash basis, it having been resolved that at such time as funds ran out the office would be discontinued, and said that this would be done, in the present instam'e, unless additional financing was obtained to carryon the ~~rk until the first of February next, at which time new membership fees would be due an" 'collectable. He said, if the Council deemed the work of the Chamber of Commerce worthy, the expenditure the requested $250.00 would enable his organization to' continue to operate on the same economical basis it has pursued since its re- organiza tion. It was move d by Mr. Bradshaw that the request be granted and $250.00 donated out of the Contingent Fund for said purpose. Mr. Grego seconded the motion, and on roll call the vote ~ms as follows: Mr. Bradshaw yes, Mr. Crego yes, 'fr. Hall yes, Mr. Rill yes, Mr. Miller yes. '!he motion carried. Applications from C.W. Clark and Granville Holle nbe ck fo r the position of 1 ife guard, were by mot ion of Mr. Miller, sedonded by Mr. Crego, and on roll call unanimously carried, ordere d filed f or future consideration. '~ .[1 I " lj rr ~ " 1357 COUNCIL CHAMBER - November 1',7, 1939 r A letter was read from Mr. H.H. ',I'ellinbrink recommendinf' the construction of two lawn bowling alleys at. 8 -cost of ap:;oroximately (ji150.00 each. It was thought that the City had gone into as much ex- pense for recreational facilities, 88 the current veal' 's budget warrantf,d and Mr. Bradshaw moved that the letter be filed for future ref'erence. Mr. lUlIeI' seconded the motion, which on roll call carried unanimously. An invitation to Councilmen and their families to attend the dedication cerenonies ann nilitary ball, to be held ,Vednesday November 29th at the new Palm BGach County Armory 1Na" read and ornered filed. A petition VBS read from ten Delray residents asking that a street light be placed at the corner of S.'V. Second Avonue 'md S.'/. Second Street. It was accor'Ungly moved by l.~r. Creeo, seconned by Mr. Bradahaw and unanimOUSly carried that the request be left to t11e jUdgment of the Light COI!1l'littec for action. Upon motion regularly Ela"e, "econced and carried, the following orr1inance was placed on its second reading: r I ORDllHI,NCE 338 AN ORDINANCE OF THE C r::'Y OF DELllAY BEACH, FLORIDA, MENDING AN ORDiNANCE CREATllm A COMMISSION ON PLUMBING IN THE CITY OF D:SL'RAY BEACH, FLORIDA, CH.l\NGING ITS ~'CJlBERS FROM FIVE TO FOUR. and it was thereupon movod by Mr. Bradshaw that it be adopted on its second re ading and f inar passage. Mr. Crego "econded the mo.tion and on roll call the vote was as follows: Mr. Brad"haw yes, Yx. Crego yes, l.IT. Hall yes, I.'r. Hill yes, Mr. Miller no. The motion was declared c~rried. Mr. Miller moved the a0option of the following resoJution: RESDLUTION 341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH PROVIDING FOR THE FORM OF BAlLOT TO BE USED IN THE GENERAL ELECTION TO BE HELD ON TU":SDAY, DECEMBER 5, 1939, DESIG- NATING THE: CANDIDATES 'VIm ARE };NTITLED TO HAVE TEEIR Nll?rEEj FRIN'l'l>lJ T"JEREON, AND APPOINT- ING A CLERK AND nrSPECTORS ro HOlD SAID ELECTION . 1358 COUNCIL CHAMBER - November 27,1939 Mr. Crego seconded Mr. Miller's motion for ad,option, which ~as carried unanimously on roll call. It was moved c y Mr. Crego, seconded by Mr. Miller and, on roll call unanimously carried, that the following resolution be adopted: , RESOLlJTION 342 A RESOllJTION OF THE CITY COUNCIL OF THE CITY OF DEIRA Y BEACH, FLORIDA, ORDERING THE CI'l"I ENGllTEER TO P'1EPARE PLANS AND SP,::CIFICAcrrONS FOR CLEARING CEW"AIN LOTS 'VITHIN THE CITY LI1'ITS OF PALMETTOS, 'I'ILD G'10'TTH, ','fEEDS AIID/ OR RUBBISH. - Cle aring #2 ( Mr. Crego brou!ht up the matter of purchasing a leather coat for the motor-cycle policeman, stating that he saw no necessity for having police uniforms and clothing tailor-made and thAt A. George had a leather coat for $15.00 which suited the need (f Mr. Schol tz. It was accordingly moved by Mr. Bradshaw that the City buy said coat at a price of $15.00 for use of the motorcycle policeman. Mr. Crego seconded the motion, and on roll call the vote was as follows: Mr,. Brad"haw yes, Mr. Crego yes, Mr. Hall not voting, Mr. Hill ores, Mr. Miller no. The motion carr ied. l Councilman Crego raised objection to the prom- iscuous buying of materials and supplies by various city employees, contending that all such purchases shouln be requisitioned through, and approved by Mr. BakEr, and made a motion to the effedt that the pro- visions of the City c"'arter, in this regar", be adhered to. Mr. Bradshaw seconded the motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hall not voting, Mr. Hill yes, Mr. Miller yes. The me tion carr ied. A letter was read from the Florida Industrial Commission stating that the Great American Indemnity Company had controverted A.L. durney's claim for com- pensation for sickness incurred as a result of lead poi~oning from street paint used in his work for the City. 'The members were unanimous in the opinion tha,t this cl~ss of disability should be covered by the polioy carried, anc turned the letter over to the City' Attorney for investigation and report. r '(> r[l '11 I' ~ i '". l.J 'I' il iLc 1359 COUNCIL CIWlffiER - November 27, 1939 Councilman Miller s ubmi tted a report- from Dr. Farber on the work of t he Tennis A"s ocia tion in organizing the J"urnior Tennis Club, which report \~s favorably cOffinented on and Mr. Miller moved that the Tennis Association be given a letter of thanks for the good work it is do ing in that conne ction, which motion was regularly se conded and carried. " Mavor Hill reDorted that he had been contacted by Mr. Edwards at the Polo fields, enquiri ng as to the possibility of Delray Beach supplying water for Hessemer Properties Inc., to serve several new homes to be built adjacent to the Tennis Courts in the town of Gulf Stre am. He was info me d tp.at the City would be willing to furnish water at its North boundary line provided their town would pipe it from that point. City Attorney Novdin asked for the Council's interpretation of the section in the City's licenae' ordinance relative to contractors, stating that a controversy had recently ari"en bet\wen the City Cler~'s office and A. Lanz, who had moved a house with rented equipment on a daily"mge basis, as to . ,mether or not he was liable for a Moving Contractor's license, and inasmuch as the wor'ding of the ordinance might be construed in twp ways it was desirable that tha Council establish sOJ:',e rul;img whereby the Clerk' might determine whether or not a person is a contractor. After considerable discussion, pro and con, the members came to the unanimous conclusion that Mr. Lanz, in the instance referred to, had not contracted and was therefore not liable for license. As a criterion to guide the City Clerk in future similar cases, it'was moved gy l~. Hall that the Council go on record that the consensus of oDinion among themembers is that "contracting has as its essence the contingency or element of profit and loss". Mr. Bradshaw seconded the motion and on roll, call the vote was as follows: Mr. Br8dshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes and Mr. Miller yes. The motion carried. The Chairman of the Parks Committee reported that the fence and posts around the tennis courts needed re~Dainting to preserve them and that Charlie O'Donnell was anxious to do this work in exchange for taxes which he owes, amounting to approximately $86.00. He estimated it would take about 25 days to scrape and paint same and would cost the City about thirty or forty dollars for paint. Mr. Miller recommended that the work be done on this basis, and it was aocord- ingly moved by Mr. Bradshaw that Yr. Miller's recammend- at ion be approved but that creosote be used rather than pa int and the Parks Committee be authorize d to purchase the re quired creosot'e. Mr. Crego seconded the motion> and on roll call it carried unanimously. -~".,,"--. 1361 f' COUNCIL CHAMBER - November 27, 1939 The Clerk reported balances in the following funds. Bondholders Levy Acct. (BLA) Misc. Acct. (Reserved for purchase of' bond credit) $ 2,454.70 Tax Certificate Acct. (TeA) 61.19 442.63 $ 2,958.52 { '. These r.loneys, she stated, had been colle cted and allocated for bond purp oses:, in accord with ord- inances now voided by the City's refunding orninances 'and agreement. She asked if the Council des ired that these be transferred to the same account as the $7,303.51 on hand for purchase of escrowed interest. It was moved l:Jy Mr. Crego that the Finance Committee investigate 8nn authorize the proper disposition of' these funds. Mr. nradshaw se conded the motion, and on roll call the vote was as f 01 1 O'>I'S : Mr. Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried. F r- I t Mr. Hill brought up the matter of purchasing a new police car, s ttinl? that the old one was cos ting the City from t~50. 00 to $75.00 per month for repa irs. He reco~ended a Ford car of a type specifically selected by the State PatID1, 95 H.P. with a Mercury motor, leather upholstered, at a price of $944.00. After discussion, it was moved by Mr. Crego that the Hayor's recorJl1lendation be approved, and a new police car be pur8hased, with the understanding that the old one is traded in on the deal. 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 carr ie d. Mr. Hall renewed his re commend ation for a traffic light at the corner of N.E. S,econd Street and the Federal Hie;h'Nay, and llDved that alight be installefl at said intersection. There 1'I8S consider-" able argument for and against the installation of same but Mr. Hall's motion died for ;'l8nt of a second. The City Clerk requested authority of the Council to cancel personal property taxes as follows, which she stated appeared on the City books but which had been assessed against businesses and personal 'i. ~ 1.362 COUNCIL CHA~,ffiER - November 27, 1939 r~ { property now vacated and remove d, and for that reason uncollectible. 1932 Personal Tax ',171.03 1933 " " 201.29 1934 'I " 79.41 (Bond portion only) 1935 " " 21.45 " " " 1937 " " 40.85 (Roberts Grocery) 1938 'I " 46.00 .. " $,560.03 There being no further buc~iness to come before the Council, it was regularly moved, seconded and carried, that Council anjourn. 1 ~.c~ ~ City lerk . ; 1 I 'I APPROVED: ~ ~or ' . " ) J I ..