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02-14-38 Regular 850 COUNCIL CHAMBER February 14, 1938 ., The Council met in regular session at 7:30 P.M. with the City Attorney and following members present: Mr. Gwynn, Mr. Hall, Mr. Hill and Mr. Wodischek. Vice-Mayor Hill presided in the absence of Mayor Foote. The minutes of the meeting held January 24th were approved as read. .~I A letter from John Adams, in behalf ot Mrs. L.R. Benjamin and Mrs. J.N. Pittman was read, ask- ing that these widow women be permitted to pay certain back taxes otf on the 25% basis. Inasmuch as improvements on the properties in question are negligibie and the municipal benefits derived by such do not warrant payment of taxes on the 50% basis demanded for improved property, it was ~oved by Mr. WOdischek that lmprolement liens, and taxes for years 1932 and prior thereto be accepted on the 2~ basis on following lots, as per request. Lots 1 Block 99 - Mrs. L.~. Benjamin Lot 7 Block 5 Rosemont Park - Mrs. J.N. pittman Mr. Hall seconded the motion, and on roll call the vote was unanimous, and the motion was dec~ared carried. "- ~ \.--~-_. A letter from Miss Nanna Bigler of The Green Hen was read, in which complaint wa~de in regard to , noise during the night caused by workmen at the Firestone Service Station. It was recommended that the complaint be referred to the Police Department and the Service Station be requested to eliminate suohnoise as much as pOSSible, especially during the hours ot the night. Price quotations on a new truck for the Sanitary Department were submitted by the following automobile dealers: Delray Beach Motors. Delray Beach Jahn Chevrolet Company. Ft. Lauderdale Twin City Motor Company. West Palm Beaoh Gulf Stream Chevrolet Company. Lake Worth BecaUse of variation in specifioations supplied. and indecision as to the exact type ot truck desired. it was finally decided to hold this 851- COUNCIL CHAMBER - February 14, 1938 , matter over until next meeting. It was moved by Mr. WOdischek. that in the meantime, the Clerk conteI' with Mr. Baker and draw up neoessary speci- tications for the exaot type ot truck and equipment required, and that said specifications be mailed to proppective bidders, asking for sealed bids to be submitted at next regular Council meeting. Mr. Gwynn seconded the motion which carried unanimously. A letter was read from J. Leslie Brown protesting the removal of the "Private" signs from shelters personally erected by him on the Beao~ Mr. Anderton and Miss Galvin, who were present. also protested the use and mono ply of such shelters by the Public to the exclusion of the owners who had erected them. After a long disoussion, in which it was con- tended by the Council, that private rights. could be granted no one on Delray's str..ip of publicly dedicllted beach, it was moved by Mr. Hall that the Clerk reply to Mr. Brown's communication, expressing the regret of the Council. but stating that it sees no groundS tor rescinding the instructions given the police department in regard to removal of signs, and further. that no future structures be erected on the Beach without permit from the Council. Mr. Wodischek se- oonded the motion, which on roll call. carried unanimOUSly. '\ 1>., ~ A bill for auto repairs was presented by wm. L. Brown. with request that the City take care of the $4.00 charge. He olaimed his car had been damaged by the City's garbage truok .backing into same and smashing fender. ~he,Chief of Police and the City Superintendent repudiated the oharge and stated there was no evidence to indioate that damage had been caused by the City's truck. It was finally moved by Mr. !all that the bill be returned to Mr. Brown. and that he be advised that adequate proof had not been presented in support of his damage claim. Mr. WOdischek seconded the motion, which on roll call. oarried unanimOUSly. Mr. C.R. O'Donnell appeared at the meeting asking reoompense trom the City for certain skilled labor performed at the Playground project. . Due to an error on the part of F.W.P.A. officers he claimed to have been paid the common labor rate of 31 cents per hour for painting work whioh really came within the olass of skilledlabor payable at the rate of $1.13 per hour. Because of this error. he claimed $80.22 more due him on the skilled labor basis than he had received as a common laborer. and therefore asked that the City recompense him for this difterence, . 852 ^ COUNCIL CHAMBER - February 14, 1938 , which he proposed to repay on delinquent taxes. Mr. Carr explained no skilled labor item had been set up by the F.W.P.A. for this project ~ that the City had agreed to expend up to $900.00 for this purpose. It was finally moved by Mr. Hall that compensation be adjusted and paid, up to the present time. in acoord with the accepted scale set up for skilled labor, and that said payment to Mr. O'Donnell be returned to the City in payment of baok taxes whioh he owes. Mr. Wodischek seconded the motion which oarried unanimously. Mr. Grover Baker, in behalf of the American ~egion, asked permission to run a Beano Game for a period of six weeks, on the Simon lot on Atlantic AVenue between Hill Electric Company and the railroad. This was to be operated entirely by the Legion, it was stated, in an effort to raise funds for the boy scouts and other activities of the Legion. It was moved by Mr. Hall that permission be granted. but for no speoific period of time, and on condition that the Legion clean up the lot afterwards. Mr. Wodischek seconded the motion, which oarried unanim- ously. ., c Mr. Carl A. Price asked the Council if any decision had been reached in regard to the purchase of benoh ends, but beoause of the absence of the Mayor, no aotion was taken at this meeting. A clean-up and beautification projeot. prepared by ABsiB]afit0Su~~~ Cromer, was submitted by the Clerk for the Counoil's approval. The matter was discussed, it being the opinion of the members that government money could be expended to better advant- age on a project of this kind than on a tree-planting program, as previously recommended. It was accord- ingly moved by Mr. Wodischek that Mr. Cromer proceed with a pplication for a project and the Mayor or Vice- Mayor be authorized and empowered to sign same, as sponsor for the City. Mr. Hall seconded the motion, which on roll call, carried unanimously. Bids were received from A.T. Smock and MoLaren Studios for painting of signs on the ocean beach, and it was moved by Mr. Wodiscbek that the City.hav~tw~ '\3'x8t signs painted and placed one mile apart attiie"! North and South ends of Delray's bathing beaCh;>, and since a bid of $75.60 for two signs of the reflecto~ had been submitted by both painters it was further moved that these bidders be given an order for one sign eachl Mr. Gwynn seconded the motion, which carried unanimously. 853 CDUNCIL CHAMBER - February 14, 1938 ., The Clerk brought up the matter of settling claim for workmen's compensation dUe Mr. Morris, former Police Chief, whO was injured while in the employ ,of the City and in accord with recommendation of Mayor Foote, it was moved by Councilman Gwynn that Mr. Morris be paid $75.00 and a llowed to retain his uniform which had been in use for the past year and half; also that the City pay doctDr and hospital bills amounting to $28.00, upon proper execution of release to the City by Mr. Morris." The motion was seconded by Mr. Wod- ischek, and on roll call carried unanimOUSly. The matter ot water line extensions and the need of laying mains in the new subdivisions East Of the Canal then came up for discussion. Recommend- ation of the Mayor was presented by the Clerk, as follows: "That the 6" main which extends from the Water Plant on Swinton Avenue North to Atlantic Aven~e where it conneots with the 8" main, be replaced with larger pipe; that the 6ff pipe from the alley adjacent to Zook's residence extending across the canal, be replaced with 8" main. The 6" pipe thus salvaged in making these replaoements would then provide suf- ficient pipe to meet the requirements of the new subdivisions." , ( , A long discussion ensued as to pipe require- ments and JOhn B. Henning, representative of Johns- Manville Company addressed the couno.il expounding the merits ot "Transite Pipe". He quoted a price on said pipe of $.&39 for 8" and $1.13 for 10". It was figured that approximately 3800' of pipe would be required to make the reoommended changes and that the City would probably be ready for delivery around May 1st. No action was taken at the present time. Brennan & Plastridge, agents tor the Great Amerioan Indemnity Company of New York submitted standard workmen's compensation insurance policy on City employees, the cost of which was estimated would run $237.30 per year, the deposit premium required being $116.00. The members were of the opinion that suoh a policy should be carried by the City and it was tinally moved by Mr. Wodischek, seconded by Mr. Hall, and on roll oall, unanimously carried, that the City accept said policy, as submitted. The following ordinance was then submitte4 and read in full by the Clerk: ,. , -~ .. 854: COUNCIL CHAMBER - February 14, 1938 ORDINANCE 209 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA DESIGNATING TWO POLICE DISTRICTS WITHIN THE CITY; ONE' KNOWN AS THE mNHm DISTRICT" AND. THE OTHER KNOWN AS "COLORED DISTRICT"; REGULATING AND PRESCRIBING THE HOURS WHEN CITIZENS OF THE "WHITE RACE" SHALL BE ALLOWED WITHIN THE "COLORED DISTRICT", AND WHEN CITIZENS OF THE"NEGRO RACE" SHALL BE ALLOWED WITHIN THE "WHITE DISTRICT"; DESIGNATING CERTAIN ACTS AS DISORDERLY CONDUCT AND VAGRANCY, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. It was moved by Mr. WOdischek, seconded by Mr. Gwynn, and on roll call, unanimously carried. that the ordinance be passed on its first reading. The following ordinance was also presented and placed on its first reading. ORDINANCE 210 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH. FLORIDA FOR THE CONTROL AND ELIMINATION OF FIRE HAZARDS AND FOR THE FORTHER CONTROL AND ELIMIN- ATION OF MOSQ,UITOES, AND/OR OTHER O:BNOXIOUS INSECTS AND VERMIN, TBROUGH THE CLEARING, CLEANING AND REMOVAL OF WEEDS, PALMETTOES, BUSHES, SHRUBS, VINES, SCRUB OR TREES, WHETHER WILD OR NATURAL GROWTH, OR OTHERWISE, IN A LUSH4 RANK AND/OR UNTENDED AND/OR UMPRUNED CONDITION, AND ANY ACCUM- ULATION OF DEAD AND/OR DRIED BRUSH AND/OR TRASH, AND/OR ANY ACCUM- ULATION OF JUNK, RUBBISH, ROTTING WOOD OR LUMBER, ABANDONED AUTO- MOBILES OR PARTS THEREOF. TIN CANS OR CONTAINERS OF ANY DESCRIPTION, AND DECLARING .~T THIS ORDINANCE IS FOR THE PRO!JCTION OF PUBLIC HEALTH AND SAFETY OF CITIZENS AND PROPERTY WITHIN THE CITY; AND PRESCRIBING PENALTIES FOR THE VIOLATIONOF THE PROVISIONS OF THIS ORDINANCE. , . 855 COUNCIL CHAMBER - February 14. 1938 It was moved by Mr. Wodischek, seconded by Mr. Hall. and unanimously carried that the ordinance be pass5d on its first reading. A letter from the Bondholders Co~ttee to Mr. Byrd was read in which it was aske~ if the City had taken any further steps towards refunding. After disoussion, it was recommended by Mr. Hall that the City Attorney reply to Mr. Mittendorf ad- vising him of the Council's desire to negotiate further in the matter of refinanoing and it was further recommended that the Mayor prooeed to call a meeting of the Council as soon as possible in order to give the matter early consideration. { .. Howard Cromer, Assis~afit~Ci~Supt~, reported that C.J. Kuschel had agreed ~o jetty piling for dock purposes at the yacht basin as called for in government permit, for a price of $100.00,. the City to provide the piling. It.wasmoved by Mr. Hall that Mr. CDomer be authorized to have said work done as soon as neoessary government permit comes through. Mr. Wodischek seconded the motion, which carried unanimously. , , Delray Lumber Company ~ills amounting to $213.17 were presented by the Clerk oovering materials supplied L.S. Wilson at the Golf Club for improvements rece'ntly made there. some dis- cussion took place as to the need of first obtain- ing authority from the City Council for suoh expend- itures, and the desirability ot keeping some check on the operation and receipts of the Golf Course. It was finally moved by Mr. Gwynn that said M.JN- account of $213.17 be approved and paid. Mr. Hall ~~~ seconded the moti on, whi ch on roll call. carried -< ~ ~~:,~" unanimously. It was recommended by Mr. Hall that Mr. Wodischekand other interested members malq.e a note of the information desired in regard to the golf oourse and that same be assembled and presented to Mr. Wilson for reply. ,> _I ~ The following right-of-way deed. duly recorded. was presented by the Clerk. and ordered placed on file. Hofman & Hbfman, Inc. to City of Delray Beach, TheN6' of Lot 23. Ocean Breeze Estates, Making street 26' instead of 20' The gaSOline report for January showing consumption of 601 gallons was duly submitted and ordered filed. COUNCIL CHAMBER - February 14, 1938 856 The ~lerk reported that the annual audit of W.O. Winn~had been completed February 1st and was on file for the inspection of any of the . Councilmen desiring to see same. Upon reoommendation of the Chairman of the Light Committee, it was moved by Mr. Wodisohek that said committee be authorized to have a drop light installed to illuminate the one-way street sign located at the post office. Mr. Hall seoonded the motion, whioh carried unanimously. ~,'" Mr. Hall brought up the matter of requir- ing automobile dealers to pay license for solioit- ation Of sales in this town and the Clerk was instructed to notify the various companie~ attempt- ing to do business here of the required leoense. , ,. It was regularly moved, seconded and carried That the City Clerk be instruoted to address a letter to the-Honorable Postmaster General embodying the following ResolutiOn: THAT \'IJ::l.J!a{EASthe postot:fice facilities ot Delray Beach, Florida. are woefully inadequate to afford efficient publio servioe during the Winter season, from November first to May first, sub- jecting large numbers of persons, part- icularly tourists and winter residents unable to seoure postoffioe boxes, to great and serious inconvenience, loss of time, and delayed delivery of mail matter, despite the conspicuously earnest efforts of the postoffice employees; AND WHEREAS this condition reacts harm- fully upon the City of Delray Beach, making it a less desirable place for stay or residenoe, the Honorable Post- master General is most earnestly and urgently requested to take suoh aotion as will remedy the unsatisfactory con- ditions eXisting, and that such action be taken at the earliest possible date The Electrical Inspector, L.W. Cook. addressed the Counoil stating that he and Mr. Hill had been working on the electrioal code in an effort to draw a new ordinance conforming with re- quirements of the South-Eastern Underwriters code which had been changed oonsiderably and revamped throughout. He advised, also. that an eleotrioal i- . 857 ., COUNCIL CHAMBER - February14, 1938 convention was being held in Orlando next week and considered it advisable to attend the last half ot the meeting which was being devoted SOlely to dis- cussion of the code. This would be of great benefit to the oommittee in completing the City'S ordinance, he said. and save a great deal Of time in preparation of same. It was moved by Councilman Gwynn that Mr. Cook, Mr. Hill and Mr. WOdischek attend said oonven- tion for this purpose, the City to defray the expense of the trip which was estimated would run between $20.00 and $25.00. Mr. Hall seconded the motion, whioh carried unanimously. It was moved seconded and carried that Council adjourn until Wednesday, February 16th at 7:30 P.M. at which time bills could be O.K'd and the Zoning ordinance presented. for disoussion and passage on its first reading. , ~i~C~' ~~f' A>PR~~