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02-28-38 Regular 864 COUNCIL CHAMBER February 28, 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. The minutes of the regular meeting of February l4t~and the special meeting of February 16th were read and after correction, showing Mr. Wodischek as voting "no" on motion approving payment of bill for $213.17 to Delray Lumber Company, same were approved as corrected. , " i , A letter from the Professor of the Colored School, requesting the Council to permit operation of a Bingo game in Colored Town, for the benefit of the School, was presented and read, and on motion of Mr~ Hall, seconded by Mr~ Wodischek, pennission was granted S.D. Spady, as sponsor, to operate such, subject to the same requirements as that laid down in granting permiss- ion to the American Legion. A letter was read from J.W. Nowlin, Attorney for J.R.McFee, enclOsing a repair bill of $143.20 for damage done his automobile, while parked on a public street during a motorcycle exhibition on January 23rd, under the auspices of the Delray Beach Fire Department The letter requested that the City reimburse Mr. McFee for damage sustained, but inasmuch as the City was in no way connected with the exhibition and no permit had been granted for same, it was moved by Mr. Hall that the Clerk reply to said communication, stating that it is considered no liability attaches to the City in connection with the mishap. Mr. Wodischek seconded the motion, which on roll call, carried unanimously. It was further recommended by Mr. Hall that, in future, the City prohibit anything of the kind that is of a hazardous nature. Application ot A.C. Krenz for a building pennit to make general repairs, converting his garage apartment on Lot 9 Block 107 into a two-story dwelling, was presented. Said dwelling he wished to place withiIf'''' fifteen feet of the front lot line and since this would line up with adjacent houses, and the bUilding, as planned, was a considerable. improvement over the present construction, it was moved by Mr. Wodischek, seconded by Mr. Hall, and unanimously carried that pennit be granted. 865 , COUNCIL CHAMBER - February 28, 1938 It was moved by Mr. Wodischek that the Fire Chief be empowered to make a trade with Ocean City Garage for a set of 16" wheels, with tires, said wheels to be painted red, at a price of $17.00, trading in the wheels used at present on the Ford Inspection truck. Mr. Gwynn seconded the motion, which carried unanimously Councilman Hall questioned the Fire Chief as to the usual practice in answering out-of-town fire calls; whether the City was reimbursed for such. The Fire Chief stated the City had a reciprocal agree- ment with Boca-Raton and Boynton to answer each others' calls when need arose, free of charge. He asked the Council's advice, however, in regard to a recent fire call from Briny Breezes, which is outside any munici- pality. After discussion, it was moved by Mr. Wodischek seconded by Mr. Hall and unanimously carried that the Clerk bill Mr. Miller, owner of Briny Breezes Camp for said Fire Call charging $50.00 for same. Bids on new dump truck for the sanitary De- partment were opened and tabumated as follows: equipped with st. Paul Hoist Wood DELRAY BEACH MOTORS-Ford Truck I'f,. {. nt " " $~~?54.94 1,293.65" JAHN CHEVROLET-Chevrolet Truck 5~Ton Hoist, any type specified GULF STREAM CHEVROLET CO-Chevrolet Truck, Hercules Booster Hoist "'"..' , 1 ,291. 20.. 1,354.00 , ( TWIN CITY MOTOR COMPANY-Chevrolet Truck Gar Wood Hoist 1,339.55 EAST COAST MOTORS-G.M.C. Truck Wood D7L or FIBS HOIST 1,400.00 BARCO MOTORS, INC-Ford Truck Wood 5-Ton Hyd- raulic 1,474'.30 DELRAY SERVICE GARAGE-Dodge Truck FICS WOOD Hoist 1,477.00 After considering the various bids, it was moved by Mr. Hall that the City purchase from Delray Beach Motors, Ford Truck according to specifications submitted, with Gar Wood hoist, at a price of $1,293.65 plus difference between cost ofexgress and SWingi~ type tail gate. Mr. Gwynn seconde the motion, an on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall ye", Mr. Hill yes, and Mr. Wodischek yes. Motion was declared carried. 866 COUNCIL CHAMBER - February 28, 1938 C.F. Lohrman addressed the Council recommend- ing the planting of cocoanuts in lieu of the tree- planting project recently approved by the Council. He suggested that the City plant two cocoanuts on each lot in Delray, using the F.W.~.A. labor appropriated for planting of the trees. It was explained that the pro- ject called for an expenditure of $2,500.00 by the City, and was therefore considered too expensive, but the Council assured Mr. Lohrman that the City intended to do all possible to further a beautification program this year. Mr. A.C. Krenz appeared at the meeting request- ing consideration from the Council in the matter of sidewalk construction along the South line of Lot 10 Block 107. He asked that he be allowed to postpone bUilding same until next Winter, in order that he might have the work done along with other remodelling he planned to do at that time. It was finally moved by Mr. Hall, that, in view or the lateness of the Season, that the Council's request be amended to read:"That the sidewalk be constructed not later than Jan 1st, 1939." Mr. Gwynn seconded the motion, which on roll call, carried unanimously. ' The following recommendation was submitted by Howard Cromer: TO THE CITY COUNCIL: ( Following your instructions, I made a survey of the yacht basin on Block l45 and found that 1.78 acres have been removed. , MY delay in reporting this was caused by the fact that at the time, it appeared that some of this material had been pumped on private property. However, I have now proved to my satisfaction that all of this material was pumped on to Andrews Avenue. On the basis of'the above, I re- commend a settlement with Mr. Hofman of $890.00. Yours very truly, H. Cromer Asst. Supt. pf Publio Works & Utilities. It was moved by Mr. Wodischek that the Asst. Superintendant's recommendation be approved; that said estimate be set up in the minutes and levy made in the next five years' budgets for repayment to Mr. Hofman, COUNCIL CHAMBER - February 28, 1938 867 as previously agreed. The motion was seconded by Mr. Gwynn, and on roll call, unanimously carried. The following letter from J.H. Adams, Attorney for Carl'White was submitted and read by the Clerk: ,c ADAMS & NOWLIN February 28th, 1938 To: The Honorable Mayor and Council of the City of Delray Beach Delray Beach, Florida Gentlemen: ; Re: Taxes for the year 1937 on Lot 13 Block 77, Delray Beach, Florida, in the ~~Y!Carl_Whi~~_________ Your statement shows that this property was assessed in 1936 as vacant property and the tax was $10.75. In 1937 the tax on this property was $257.35. Evidently it was assessed with improvements for that year. We respeotfully call your attention to the fact that this building, though begun, was on Jan- uary 1st, 1937, not habitable at all, inasmuoh as it was incomplete and at that time it didn't have a roof on nor was it even at that time partitioned off at all on the interior. No plumbing had ever been put in, but this construction was in the prooess of erection and these improvements therefore would not have been subject to taxes for the year 1937. Whereupon, we respectfully request that you d~rect the Tax Receiver to adjust this matter and permit us to pay on the basis of the valuations then exist- ing as vacant property. Respectfully J.H. Adams Mr. Adams and Mr. White were present and submitted certain facts in support of their claim that the building was not in an assessable condition on, ~anuary l, 1937. It was finally moved by Councilman Gwynn that Mr. White's statement be accpfted and cancell- ation of taxes assessed against the builaing, be made COUNCIL CHAMBER - February 28, 1938 868 accordingly. Mr. Hall seconded the motion, and on roll call the vote was unanimous in favor of the motion and it was declared carried. " A request from Marshall Mines, Pastor of the First Baptist Church was read, asking that taxes and improvement liens on the Church's va~ant property, Lots 23 and 24 Block 104, be cancelled and that said property be exempt from future taxation. After dis- cussion, it was moved by Mr. Hall that the same con- sideration be allowed, in this case, as was allowed the Presbyterian Church on its SWinton Avenue property,viz: That after payment of the improvement liens, then the Tax Collector shall be authorized to cancel all out- standing taxes against the property, but that same shall, not be exempt from future taxes unless actually used for church purposes. , A letter was read from the Mutual Vending Corporation with reference to license charged by Delray Beach for the operation of, Cigarette vending machines. The Vending Company contended that maximum license charged by other cities was $3.75 per machine and asked that Delray's ordinance be amended to provide for a similar amount. The Clerkwas instruoted to advi se said company that the prescribed license fee of $5.00 would " have to be paid or the machines taken out. The operation;~'" of game boards and various devices was then discussed ' ,"" with the Chief of Police, who was instructed to colleot}; a ten dollar license for the operation of money boards, money jars and suoh like devices, placed in the City by out-of-town operators. The following petition was presented and read by the Clerk: PETITION REQUESTING CITY COUNCIL TO CHANGE NAME OF JO-JO AVENUE TO NASSAU AVENUE. . We, the undersigned property owners, owing property and residing in Nassau Park Sub- division, do respectfully petition and request the proper City Officials to change the name of the street running from the Ocean Boulevard westward to Gleason Street" and from Gleason Street westward to 'the west boundary of the ~eatley Subdivision from Jo-Jo Avenue to Nassau Avenue. We further petition that a suitable street marker be placed at the intersection of said' new Nassau Avenue and the Ocean Boulevard wi th the proper designation "NASSAU AVENUEff and also COUNCIL CHAMBER - February 28, 1938 869 a proper street markeb at the intersection of Gleason Street and Wheatley Subdivision, with a proper street marker designati~ "NASSAU AVENUE" X., (Signed by) J.E. Warrington Samuel M. Look J.A. McIlvaine Nassau Park, Inc. R.C. McNeil, Mgr. WIn. Wheatley H.H. Cherry Burgess Carey Else G. Grubbs < In discussing the ~tter, it was recommended that this be changed to Street rather~than Avenue in order that same might conform with the method, used throughout the City, of naming East and West thoroughfares streets and those running North and South, Avenues. It was accordingly moved by Mr. Hall that Jo-Jo Avenue be changed to Nassau Street, running through to the West line of the Wheatley SUbdivision, as petitioned, and that Asst. Supt. Cromer set markers at eaoh end of street and also one designating Gleason Street right- Of-way. Mr. Wodischek seconded the motion which carried unanimously. ) The following petition asking that N.E. 9th Avenue be paved between 3rd and 4th streets was submitted by the Clerk. WE, the undersigned owners of more than a majority of the frontage of lands liable to be assessed and abutting on Northeast Nineth Avenue between Northeast Third Street and Northeast Fourth Street, do hereby respectfully petition the City Council of the City of Delray Beach, Florida, to improve, by grading and paving of said Northeast Ninth Avenue between Northeast Third Street and Northeast Fourth Street, to a width of twenty feet with rock and oil, similar to which other streets within the City have recently been paved. We do further petition that said work be done as . special local improvements, and that the cost of said work be by speoial assessments upon the abutting, adjoining and contiguous property especially bene- fited by said paving of said street, and that said ,~" special lien assessments not be guaranteed by the Oity, and that the same be paid in ten equal annual installments. (Signed) Samuel Ogren Edward C. May Dorothy May-By E.C. May Margretta Kinne n " Mr~grw~ta~~:g~ ARTHUR K Tyl, L.W.Cook COUNCIL CHAMBER - February 28, 1938 870 -' Question arose as to whether necessary right- of-way had all been deeded for this purpose, and the City Attorney recommended that this fact be established before adopting resolution ordering paving to be done. The Clerk read a letter addressed to Mr. Byrd, dated February 18th from the Bondholders Committee asking the Council's consideration of a refunding pro- position along the lines submitted by said Committee to the Council, last summer, and an opinion from Mayor Foote to the effect that he believed the property owners of the old City of Delray would be unfavorable to re- funding according to the plan submitted by the Bondholders Committee on June 23, but would favor refunding on a reasonable fixed rate of interest on a plan that would redeem the bonds within the time for which they are to be issued. The question of refunding then came up for discussion, and the need of early negotiations was stressed. It was finally recommended that Mr. Byrd communicate with the Committee, asking that it send a representative to meet with the Council in an effort to work out a favorable settlement. The ~irst of May was suggested as a suitable date for such meeting and it was recommended that the Council, prior to that time, get together for the purpose of working out a proposal to present at that time. A letter was read from R.C. McNeil, offering to sell to the City certain right-of-way off the West line of Lots 14 and 15 at a price of $907.12, the amount ot the paving lien assessed against said lots. Since Mr. McKail had been one of the original petitioners requesting said paving, and had done so with the under- standing that necessary right-of-way was to be given to the City, and had promised to deed said right-of-way whenever the City raised the elevation of Avenida Grande to conform with the grade of Gleason street, as recently constructed, the Council was of the opinion that no purchase of right-of-way should be expected. The Clerk was instructed to write Mr. McNeil stating the City had built up the grade of AvenidaGrande" as agreed, at a cost of $375.00, and had assumed Mr. McNeil would deed the right-of-way promised to the City. I, ~ It was moved by Mr. Gwynn that the following sca&e of prices for street oiling work done by the City, for individuals, be approved and adopted. February 4, 1938 TO THE MEMBERS OF THE CITY COUNCIL: Gentlemen, FOllowing is a scale of charges which COUNCIL CHAMBER - February 28, 1938 871 I recommend,for use, when oiling is to be done for private firms or individuals: Up to 50 to 100 to over yds-3!10 pil " " " 50 sq lOO " 200 " 200 " " " " " " " treatment-20jt " l5lt " l2jt " 10lt per sq yd tt "." " "11 " " " These rates are slightly higher than the average charged by Greynolds and other oiling contractors. Very truly yours Howard Cromer Asst. Supt. P.S. The above prices do not include sanding after oiling. Mr. Wodischek seconded the motion which oarried unan- imously. ~ I ~ letter from Miss Nan Bigler, thanking the Council for its cooperation in the elimination of un- necessary noise by Firestone Service Station, and one from L.S. Wilson expressing a desire to cooperate in furnishing any information which the members of the Council might desire regarding the Golf Course,and inViting them to make an inspection of same, were received and ordered filed. Chairman Hill presented the following recom- mendations, made to him by the Police Chief, in regard to opening certain alleys and providing parking space for relief of traffic congestion in certain parts .of town: That the paving be widened between Atlantic Av~nue and the alley at 'the Rista Hotel; That the alley back of Allen's 10 cent store be rocked from 4th Avenue to the Railroad; That,due to increase of traffic on First Street, entering town from the Federal Highway, that more parking space be provided around the Lutheran Church; That one-way paving or rock be laid in the alley just South of the Post Office, prOviding a one- way traffic lane going West. Mr. Hill suggested, also, that the Clerk notify Mr. O'Neal that shrubbery recently planted in the rear of the Bon Air Hotel was in the street right-of-way. Mr. Hall recommended prompt repair of broken and uneven sidewalks at several locations in town as he said these could easily cause injury to pedestrians, and the City be held liabl~. COUNCIL CHAMBER - Februa5y 28, 1938 872 It was reported that the sidewalk between the Canal and beach, repaired a few years ago~ had again been badly broken by trucks removing trees from the Zook Nurseries. The Clerk was instructed to write Mr. Zook asking that he repair these walks, broken in this way. Mr. Byrd reported the County was prepared to cooperate with the City in a plan of beautification for the Canal bri,dge approaches. In this connection Mr. Hill appointed a committee composed of Mr. Hall, Mr. Wodischek and Howard Cromer ~o meet with Mr. Byrd and work out a suitable olan of beautification. It was reported a purchase of twelve pairs of bench-ends had been made and it was recommended that Mr. Cromer get hold of someone at once to construct the benches and put them into use before the tourist season ends. , \ 1l1> The Firemen's Accident Polioy, submitted for renewal by Brennan & Plastridge, was discussed, and it was stated, that volunteer firemen would receive very little compensation under the Workmen's compensation poli,cy carried by the Ci ty, and for thi s reason, it was moved by Mr. Hill that the City renew the submitted' Volunteer Fire Company Blanket Accident Policy. Mr. Gwynn seconded the motion, which carried unanimoUSly. Mr. Hall recommended that the sanitary Inspeot- or be uniformed. He considered this would~end dignity to the office and have a good effect in connection with the Inspector's work in Colored T0wn. He asked the Council's permission to spend $40.00 for this purpose and the Council agreed to an expenditure up to that amount. - ...~ The Chief of Police was authorized to have A.D. Atkisson, Inspector of Weights and Measures for West Palm Beach, come down and instruct City Police as to the method of testing weights and measures. . The following ordinance was then presented by the Clerk: ORDINANCE 209 BOOJ[ 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA DESIGNATING TWO POLICE DISTRICTS WITHIN THE CITY; ONE KNOWN AS THE "WHITE DISTRICT"AND THE OTHER KNOWN AS 'COLORED DISTRICT"; REGULATING AND PRESCRIBING THE HOURS WHEN CITIZENS OF THE '~ITE R~CE" SHALL BE ALLOWED WITHIN THE "COLORED DISTRIBT", AND WHEN CITIZENS OF THE "NEGRO RACE" SHALL BE ALLOWED WITHIN THE "WHITE DISTRICT"; DESIGNATING CERTA!NACTS AS DISORDERLY CONDUCT AND VAGRANCY, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE., COUNCIL CHAMBER - February 28, 1938 873 It was moved by Mr. Hall, seconded by Mr. Wodischek and unanimously carried that tne ordinance be placed on its second reading. The ordinance, having been read in full, the second time, it was moved by Mr. Hall, seconded by Mr. WOdischek, and unanimously carried, that the ordinance be adopted on its second reading and final passage. The following ordinance, was presented and, on motion of Mr. WOdischek, seconded by Mr. Gwynn and on roll call unanimously carried, placed on its second 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 FURTHER CONTROL AND ELIMINATION OF MOSQUITOES, AND/OR OTHER OBNOXIOUS INSECTS AND VERMIN. THROUGH THE CLEARING, CLEANING AND REMOVAL OF WEEDS, PALMETTOES, BUSHES, SHRUBS, VINES, SCRUB OR TREES. WHET~R WILD , OR NATURAL GROVvTH, OR OTHERWISE, IN A LUSH, RANK AND/OR UNTENDED AND/OR UNPRUNED CONDITION, AND ANY ACCUMULATIQN' OF DEAD AND/OR DRIED BRUSH AND/OR TRASH, AND/OR ANY .,6{/ ACCUMULATION OF JUNK, RUBBISH, ROTTING WOOD OR LPMBI!lR,<<~; ABANDONED AUTOMOBILES OR PARTS THEREOF, TIN C.WS OR, CONTAINERS OF ANY DESCRIPTION, AND DECLARING THAT THIS ORDINANCE IS FOR THE PROTECTION OF PUBLIC HEALTH AND SAFETY OF CITIZENS AND PROPERTY WITHIN THE CITY; .AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROV- ISIONS OF THIS ORDINANCE. ,! ~1 " The ordinance having been read in full the sec~ ond time, it was regularly moved, seconded and carried " that same be adopted on its second reading and final passage. The following ordinance was also presented. and on motion of Mr. WOdischek, seconded by Mr. Gwynn, and unanimously carried, placed on its first reading. ORDINANCE 2.11 ROOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROHIBITING VAGRANTS WITHIN THE CITY LIMITS, DEFINING WHO SHALL BE DEEMED VAGRANTS, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. 1 , The ordinance having been read in full, the first time, it was moved by Mr. Wodischek, seconded by Mr. Gwynn and unanimously carried, that same be passed on its first reading. COUNCIL CHAMBER - February 28, 1938 874 . It was moved by Mr. WOdischek, seconded by Mr. Hall and unanimously carried that bills numbered 2747 to 2796, having been O.K'd by the Finance Com- mittee, be returned to the Council and ordered paid. Council regularly adjourned to meet in adjourned regular session, March 7th, for reviewing of the new zoning ordinance. i, '~ ~ /~ L{J. c.~ ity Clerk APPRO~T . k V ~JJ. \, TO BONDIMN'TEREST PAID OUT DURING FEBRUARY L'EnRle & Shands: 66 coupons #23, Due lO/1/37 off BOnds 651-675, 735-775, 853 of the 1926 900M General Issue 27.50 ea 3 coupons #22, Due 4/l/37, off Bonds 181-2-3 of the 1926 900M General Issue ..,--'c,' 1.8l5.0Q.: J j;;:~ \ cal~rove Securities, Inc: To partial Sat sfaotion of Judgment Vermont Investment CO~pany: 2 Coupons # 22 off Bonds 32l & 322 of the 1926 90QD Issue 82.50 " ,;"',,. ,..,,\Yc~ ':~.~-~ to, 160.00 i-i. 55.00. "':". Georp;e Kiess: of Judgment To Partial Satisfaction ';",-,. ;':1"- .,,,~;,,' 8a., 78 ...'.' "l2,l96.28i/' , . ~t ,"