Loading...
04-25-38 Regular :11:1. ~\ t".y 'l"t.;"" "~ COUNCIL CHAMBER April 25, 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, Mr. Miller and Mr. Wodischek. The minutes of the regular meeting of April 11th, were corrected to show Mr. Miller voted "yes" on the motion appointing Mr. Hill to fill the office of Mayor, vacated by B.B. Foote. With said correction, the minutes were approved as read. Mr. R.C. Alley, representing Bessemer Properties Incorporated, came before the Council, stating his Company desired an audit of interest collections and payments to bondholders for the past five years. He explained, that since the City was about to go into a refunding agreement, this was only a matter of orderly procedure with them for the purpose of ascertaining whether Bessemer Properties had participated in such interest payments on the same pro-rata basis as the Bondholders Committee. He requested permission to engage W.O. Winn for the purpose of making said audit, and it was accord- ingly moved, seconded and carried that Mr. Alley be allowed to employ the City Auditor to make the requested audit and that a copy of such report to be given to the City for its files. A communication was read from the Delray Beach Baseball Association stating that Delray's Team together with organizations from Lake Worth, West Palm Beach, Vero, Stuart and Miami had formed the East Coast Baseball League and that subscriptions and advertising had been sold to the amount of approximately five hundred dollars which sum was to be used for purchase of equipment and maintenance of Delray's team~ The association petitioned the City to grant its organization the use and control of the new baseball field for the term of one year, and it was further requested that the City appropriate the sum of one hundred dollars for purchase of lumber and materials to complete the grandstand on said new site. Councilman Wodischek enquired as to whether a junior team would be permitted to practise and play on the field if control was given over to the League and Mr. Cromer stated he believed the League would be very liberal in this respect but would probably expect partial reimburse- ment for upkeep, if such privileges were granted to~hers than the Association. After some discussion as to the League's plan of operation, anticipated revenues ate., '. ~1~ . , COUNCIL CHAMBER - April 25, 1938 it was moved by Mr. Gwynn that the City grant the League's requast by appropriating $100.00 and the use of the grounds for the purposes outlined. Mr. Wodischek sec- onded the motion, which carried uhanimously, on roll call. Mr. Miller suggested that the degree of control allowed the association should be stipulated in some manner, and in line with the suggestion, the Chair appointed Councilmen Wodischek and Miller, a committee, to. meet with the Baseball Association for the purpose of working out a mutually satisfactory agreement for control and management of said baseball field. I~' Upon request of Roland Harrison, owner of Beach Lot 10, Mr. Hall asked how the East 300' of said lot could be released from the paving certificate assassed against said Lot 10 for the improvement of Andrews Street and was informed by the City Attorney that this could only be done by payment of the pro-rata assessment, fig- ured according to square foot area, on the portion sought to be released. Policies covering fleat insurance on City vehicles and trucks were submitted as follows: American Surety Company, L.J. Nichols, Agent $320.44 The Great American Indemnity Co., of New York., Brennan & Plastridge, Agts. 350.24 American Fire & Casualty Co., H.G. Bostwick, Agt.397.94 After examination and comparison of the three policies, it was moved by Mr. Hall that this insurance be given the low bidder, viz., American Surety Company, providing said policy was for full coverage, which the Clerk was instructed to ascertain definitely before acceptance. '. .;; Mr. Hall reported complaint had been made to him regarding Mrs. John Blank's chickens. Considerable discussion ensued with reference to the keeping of chickens and livestock inside the City limits. Mr. Gwynn moved that the matter be referred to the Sanitary Committee, but Mr. Hall was opposed to any drastic action being taken until the matter was thoroughly investigated and considered. It was further moved that, as a matter of record, complaints, in future be made in person by complainant at a Council meeting or submitted in writing, . to obviate possibility of misunderwtanding. Mrs. Gierdano" cemplainant in the case under discussion then came forward and explained her groun&s for complaint, stating that the odor emanating from this chicken yard of her neighbor's was almost anbearable and that her tenants were disturbed in the mornings by undue noise and crowing of the fowl. It was finally recommended that this part- icular complaint be referred to the.Sanitary Committee with power to act. .f;. ~13 COUNCIL CHAMBER - April 25, 1938 " Mrs. Gladys Baker also app~red at the meeting asking the City to reconstruct the sidewalk on the West side of the Federal Highway, adjacent to Block 109, which she stated had become so broken as to be dangerous, and several pedestrians had fallen as a result of its condition. Councilmen enquired of Mr. Cromer as to probable cost of such requested construction and he estimated it would run around a dollar per lineal foot. Inasmuch as complaints had been made for a number of years about this particular sidewalk, which is in bad shape and below the street level it was finally moved by Mr. Hall that the City proceed to raise and repair same, where necessary. Upon complaint of A. George that the sidewalk on Fourth Avenue, abutting his property, and running from Atlantic Avenue to the alley was in bad shape and should be repaired, Mr. Hall asked that the repair of this section of sidewalk be included in his motion, also. Mr. Wodischek seconded the motion, which carried unanimously. It was agreed that said authorized. construction be made on a fifty-fifty basis, the City assuming half the cost and abutting property owners the other half, and that the Clerk ask that money be advanced, in payment, before the work is started. The following ordinance was presented by the Clerk and on motion regularly made, seconded and carried, placed on its first reading. QRDINANCE 215 BOOK 4 AN ORDINANCE REGULATING THE SHOWING OF MOVING PICTURES OR THE CONDUCTING OR PRESENTATION OF ANY SHOW, THEATRICAL PERFORMANCE, VAUDEVILLE ACT OR ENTERTAINMENT, WITHIN THE CITY LIMITS, AND PROHIBIT- ING THE SHOWING OF ANY MOVING PICTURE, PRESENTATION OF ANY SHOW, THEATRICAL PERFORMANCE, VAUDEVILLE ACT OR ENTERTAINMENT, WHICH IS ~ORAL, OBSCENE OR IN- DECENT; PROVIDING FOR THE EXHIBITOR TO FIRST EXHIBIT ANY MOTION PICTURE, THEATRICAL PERFORMANCE, VAUDE- VILLE ACT OR ENTllJRTAINMENT, WHEN REQ,UESTED, TO THE CHIEF OF POLICE AND MEMBERS OF THE CITY COUNCIL, TO DETERMINE Wli15'l'liER SAID PICTURE, SHOW, THEATRICAL PERFORMANCE, VAUDEVILLE ACT OR ENTERTAINMENT IS IMMORAL, OBSCENE OR INDECENT; AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY TO EXIST. .' The ordinance, reciting that an emergency existed, it was regularly moved, seconded and unanimously carried that the rules be suspended and the ordinance placed on its second reading. Mr. Miller objected to that part of Section 6 with regard to revoking of license but after substitution of the word "may" for "shall" in lines (8) and (9) it was moved by Mr. Wodischek that said ordinance, as amended, be adopted on its secQ~d ,. ',. ~1g, COUNCIL CHAMBER - April 25, 1938 reading and final passage. Mr. Hall seconded the motion for adoption and the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. A resolution was submitted by the City Attorney calling for an election to decide whether a public library should be established in the City. After some discussion it was moved by Mr. Miller t'lat this matter betabled until next meeting. Mr. Gwynn seconded the motion, which carried unanimously. In this connection, Howard Cromer reported he had received a letter from Senator Andrews which stated that no government agency existed through which the City could get assistance or a grant for library purposes but it was suggested that the City contact W.P.A. authorities in this connection. Mr. Cromer said he believed something could possibly be worked out through the P.W.A.or P.W. Loan and Grant, on a 30% grant 70% loan basis. He asked if the members wished him to pursue efforts in this direction, and he was authorized to do so and report back to the Council. Mr. Cromer reported, also, that a twelve-foot street, as recommended for N.W. Fifth Avenue would cost between five and six hundred dollars to pave the two blocks, as requested. The Clerk was instructed to notify petitioners for said street, to this effect. The following resolution was submitted by the Clerk, who asked its adoption, for the purpose o~ authorizing signatures of the recently appoihted Mayor and/or Vice-Mayor, in behalf of the City, to cheeks, vouchers &c. RESOT.TJ'I'TON ~1 '7 BOOK 4 CORPORATION RESOLUTION It was moved by Mr. Wodischek, seconded by Mr. Gwynn, and on roll call, unanimously carried that said res- olution be adopted. The Clerk reported payment of interest and cancellation of coupons during the month of April, as follows: ; To L'Engle & Shands 155 current coupons 46 current coupons 46 accfued " on various issues on 1926 900M Gen. Issue " 1920 & 1926 issues $ 3,100.00 1,275.00 965.00 Cal~rove Securities Corporation Part al Satisfaction of Judgment Case 2328-M-Civll 355.00 9:15 COUNCIL CHAMBER - April 25, 1938 Georfe Kiess Part al Satisfaction of Judgment Case 2452-M-Civil 110.03 326,327 of 1926 issue 82.50 " Bessemer pro~erties. Inc. To payment 0 Beach Bond No. 12, O.T.D.B. 1,000.00 4 coupons #15 and #16 off Bonds 13 & 14, 1925 80 M aRN. ISSUE 150.00 I " #/~ ot6 ~;;;d.#-15 24 coupons #25 and #26 off Bonds 44 to 55 inc., 1925 80 M GENISSUE 720.00 It was moved by Mr. Gwynn, seconded by Mr. Hall and unan- imously carried that the Clerk's action in paying said interest and cancelling above coupons. be approved. , Mr. Miller said, that in the President's . recent radio address, mention was made of government aid to be given municipalities for the purpose of refinancing, and if such a thing was possible or contemplated, he recommended that the City look into it and obtain whatever information might be availab1ein regard to same. It was accordingly suggested that the Clerk contact some of Florida's representatives and enquire as to the possibility of obtain- ing financial assistance along these lines and for such purpose. It was moved by Mr. Wodischek, seconded bY~~, Gwynn and unanimously carried, that bills numbered 295'1 . to 2984" having been O.K'd by the Finance Committee, be returned to the Council and ordered paid. " It being reported that Judge Jacobs would be out of Town April 26, 27 and 28th, it was moved by Mr. Hall that the Mayor act as municipal judge during the absence of Mr. Jacobs. Mr. Wodischek seconded the motion and on roll call the vote was as follows: Mr. Hall yes, Mr. Hill not voting, Mr. Gwynn yes, Mr. Miller yes, and Mr. Wodischek yes. The motion carried. Mr. Hall brought up the matter of water de- posits, stating that many of the old residents had no deposits and it seemed that such should, uniformly, be required of everyone. It was explained that inasmuch as the ordinance requiring deposits had not been passed until! after these old residents had been connected with the ,City water service no deposit could be required until service was discontinued, and cut back on, at which time such consumers would be required to put up the deposit stipulated in the water ordinance now in effect. . ~10 COUNCIL CHAMBER - April 25, 1938 It was also asked if the bank paid the City interest on its water deposit account, and upon being informed that it did not, it was stated that the City should rescind its policy of paying 2% interest to consumers. The Qity Attorney was accordingly asked to draw an amendment to the water ordinance, abolishing the said 2% interest feature. (- Mr. Ogren came before the Council, in behalf of J.C. Wellbrock, asking that blocks 130 and 138, recently acquired by him, be placed in Residence "A" district. It was explained that the City, necessarily, discouraged such changes in the duly adopted zoning ordinance, since they demanded amendments to be published &c. It was recommended that Mr. Wellbrock put the desired restrictions in his deeds, thereby plaoing his property in R~.idence "A" category regardless of the district it is in.) , , Mr. Hall recommended that Howard Cromer attend the short course on municipal water service, sanitation, sewerage &c., and the convention to be held at Daytona Beach May 23 and 24th, where he felt much useful information could be gleaned for the City's benefit. After discussion, pro and con, it was finally moved by Mr. Wodischek that Mr. Cromer attend the 2-day oourse at Daytona Beach and that a sum, not to exceed $25.00, be appropriated by the City for such purpose. Mr. Hall seconded the motion and on roll call, the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. The following resolution, introduced by Mr. Hall, was by motion of Mr. Wodischek, seconded by Mr. Hall, and on roll call, unanimously carried, adopted. BE IT RESOLVED that the resolution adopted April 11, 1938 creating a Tax Adjustment Board and fixing fees for said Board is hereby.amended by the addition of the following clause: In case of an application for adjustment on a group of substantially identical lots of the same ownership, there ~g ten or more lots in such group in the same block or subdivision the Tax Adjustment Board is authorized to fix and accept a si~Ble fee of not less than ten dollars as compensation for adjustments covering the entire group of such lots. There bing no further business to came before the meeting, it was regularly moved, seconded and carried that Ceuncil adjourn to meet Wednesday, April 27th, at. 7:30 P.M. at which time the Mayor stated he would have revised committee appointments ready to submit, for the Council's approval. -,\i --, futn.Ul)'C~ . City Cle . APP~Oill1 \;tiL i>. Mayor