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05-09-38 Regular ~~~ COUNCIL CHAMBER May 9, 1938 1> "~r The Council met in regular session at 7:30 P.M. with all members present. The minutes of the regular meeting of April 25th and the adjourned and special meetings of April 27th, May 2nd and May 4th were approved as read. The following resignation of C.Y. Byrd, cas City Attorney, was read by the Clerk, also a letter stating he would be glad to deliver to his successor all communications and City pavers which he has in his files, and make a complete accounting of all pending suits and other matters which he holds as former City Attorney. ., May 5, 1938 The Honorable Mayor and City council, Delray Beach, Florida. .. .-~ Gentlemen: In view of the fact that you have retained me as your attorney to advise and handle the proposed refunding of the City of Delray Beach municipal debt, I feel that I should resign as your general City Attorney so that I can devote my entire time and efforts to the validation and other legal work connected with the refunding of Delray's debt. I hereby hand you my resignation as your general City Attorney to take effect immediately. I have enjoyed my work with you gentlemen~ and with the members of the previous city councils. I am frankly of the opinion that Delray Beach is one of the best managed small cities in Florida, and that your present City employees are loyal, honest, hard-working public servants, and it has been a pleasure to work with them also. If loan be of any servioe to the City in the future, I want you tO~lease oa~l upon me, as I am interested in helpingY'Delray progress at' all time s. Very truly ypurs, C.~< NrA+-"...n".." ~~, COUNCIL CHAMBER - "May 9, 1938 It was moved by Mr. wodischek that the resignation be accepted, and that the Clerk be Jnstruoted to write Mr. Byrd, stating it had been a pleasure for the Council to work with him, and expressing thanks for the very efficient and faithful service he has rendered. Mr. Miller seconded the motion, which on roll call, carried unanimously. ':,~' The following letter from R.C. Alley, Attorney for Bessemer Properties, Inc. was read by the clerk. -I' City Council Oity of Delray Beach Delray Beach, Florida Gentlemen: Mr. Winn has made a report to me of his audit of old collections. (, . In the year 1932-1933 $471.42 was collected on the 1932 roll for the benefit of palm Beaoh Company, and $287.54 was collected for the same company out of back taxes, making the aggregate collected for Palm Beach Company account of $758.95. Of this sum $420.00 was actually paid leaving a balance due of $338.95. In the year 1933-1934 $523.70 was oolleoted ~or ~ the account of Palm Beach Company on the 1933. ' .. tax roll, and $197.23 of back taxes, an aggregate '~.~. of $820.93. Of this amo~nt $480.00 was paid to Palm Beach Company, leaving a balance due it of $340.93. ,~ n. , I ' ,~." These balances were not made good in subsequent years, and it would appear that the company should now receive the aggregate sum of $579.89 for such years, as during that period it relied entirely on the good faith of the Town to pay its proper pro rata of the collections. I> I., trust that your good council will forthwith authorize the disbursement of this sumto Bessmer Properties, Inoorporated, the successor, by consolidation, of Palm Beach company. ,~ Very truly yours, R.C. Alley -;;:, 92~ ,- COUNCIL CHAMBER - May 9, 1938 . Mr. Alley, wh9 was present at the meeting, dis- cussed the situation with the council and Mr. Hall reco~~ended, that since no funds were available to pay this apparent deficit, and inasmuch as the City was in process of refunding, that Bessemer's claim be held in abeyance until that time. Mr. Alley was asked if he would be willing to allow said claim for interest to be included, and have equal equity with other claims to be refunded, in the refunding bonds. Definite action in the matter was deferred until a further checking of interest disbursements could be made to determine as to just what funds or to whom the monies were paid which belonged to Bessemer Properties. Mr. Alley then introduced J.F. Riley, who address- ed the Cmuncil, in the anterests of Bessemer Pro- perties, Inc., and asked the possibility of the City supplying water~o residences and clubhouse which they own in the Town, of Gulfstream. The council explained that the City, at the present time, could fin~nce no extensive laying of mains or other expend- iture but that it could probably contract to furnish water, in a bulk, at the City'S boundary line. It was recommended that Bessemer's engineers consmlt with Howard Cromer and decide what could best be worked out in regard to supplying the required water. It was finally moved by Mr. Hall, seconded by Mr. Miller and unanimously carried that the matter be referred to the Water committee for investigation and report back to the council at next meeting. The Clerk read a communication from The Lake Worth Drainage District, enclosing a bill amounting to $149.45 drainage tax, payment of which, it stated, would remove the City'S Golf Course property from foreclosure action. The council was of the opinion that the City should .be exempt from such drainage tax and it was moved by Mr. wodischek that the communication be referred to the newly appointed City Attorney to see what can be done about having said taxes cancelled. Mr. Hall seconded the motion, which carried unanimously. . t I / At this point, it was moved by Mr. Hall that the firm of Adams & Nowlin be appointed aB city Attorneys to fill the offioe vacated by Mr. Byrd. Mr. Gwynn seconded the motion and on roll oall the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. . 92~ COUNCIL CHAMBER - May 9, 1938 , Mr. John Adams, who was present, thanked the Council for its appointment, stating that, due to his physical condition, it would be necessary for Mr. Nowlin to attend the meetings, but that he, himsslf, would be glad to render necessa~y assistance in his office when required. Mr. Adams then brought up the matter of est- ablishing a, summer water rate, proposing that the City double the:q~~ntity of water allowed on the present rate scale, during the dry months, viz. April to September, inclusive. He contended that this would encourage the cultivation of lawns and shrubbery at only an additiona~cost of approximately seventy dollars for the extra current required for pumping. Mr. Hall expressed himself as being in favor of such, if it could be done. It was finally moved that the matter be referred to the Water Committee for invest- igation to make report and recommendation at next meeting of the Council; Mr. Miller seconded the motion which carried unanimously. I~ W.A. Jacobs addressed the meeting urging the City to start its mosquito control work before the rainy summer season begins. He said if oil-soaked bags of sawdust were laid out now it would probably relieve the situation for the rest of the summer. After discussion, it was moved by councilman Hall that Mr. Baker be directed to purchase sufficient saoks and sawdust for this purpose. Mr. Wodischek seconded the motion which carried unanimously. " j , 4 A letter from H.A. Hubbard protesting the use of sound w~gons and loudspeakers and suggesting that addresses by this method, be given in the city Park instead of in the business section of town, was read by the Clerk, who was instruoted to reply to said communioation advising Mr. Hubbard that this complaint had already been investigated and the police instruoted to regulate same. In line with the same complaint Mr. Hall mentioned a recent political demonstration whioh he said was a direct violation of_~~e city's laws and that members of the parade who ~ through town with sirens screaming \ were subject to prosecution. He said the Chief of Police was authorized to prevent such exhibitinps within the City limits. Since officers from the Sheriff's department were said to have led the parade, Mr. Hall moved that the city Clerk address a letter to the Sheriff's Office protesting such violations of the ordinances of the City of Delray Beach. Mr. Wodischek seconded the motion which carried unanimously. ~, i.'! .,' 92~ COUNCIL CHAMBER - May 9, 1938 . A letter was read from Mrs. H.J. Sterling ask- ing that plat of Block 85, South of Alley and West of Railroad, be changed into an un-subdivided tract. The Clerk was instructed to advise Mrs. Sterling that she was free to replat same, and submit said re-plat for the approval of the Council. It was further recommended that the lot lines be eliminated, leav- ing same in an unsubdivided tract, as suggested in her letter. An application from C.A.B. Zook for permission to move part of his nursery office and convert same into a field office to be used in connection with sale of his Atlantic Avenue Nursery property, was submitted and read. It was moved by Mr. Hall that permit be granted, subject to the following provision, whioh shall be stated on the permit:"This permit is granted with the understanding that this is not'a permanent structure and that the owner will remove same at any time, upon request of the council, if same shall prove in any way Objectionable." Mr. Miller seconded Mr. Hall's motion, which carried unanimously. , 1 The following qeeds were by motion regularly made, seconded and carried accepted, and the Clerk was instructed to have same recorded: ~,- Easement deed: To N5t Lots 2,3,4,13,14,15,15, 17,18, Wheatley Subdivision Right-of~way: To N5' Lot 5 Wheatley subdivision. The Clerk submitted for the Council's approval, agreement regularly drawn, between The City of Delray Beach and C.Y. Byrd, for the city's legal work required in the validation of its bond debt. In discussing the terms of same, the question arose as to what extent the City would be obligated, in the matter of fees, should the refunding proposal be defeated at the election. Mr. Hill finally agreed to get in touch with Mr. Byrd and ascertain what his fee would be for the work involved up to time of election and to advise other oouncilmen, accordingly. . Police Chief Nelson asked the council's advioe in regard to osteopaths; ohiropractors andpraotioing physioians in town, who, it was stated by other lioensed physioians,were praotising without City license. He was infoTmed that the City oould enforoe payment of ocoupational lioense by only such dootors as were legally qualified by the State ,Medical Association, and that complaints wegarding illegal practice should be made to such authbrity, as the City oould assume no jurisdiotion over suoh. ~ ~ ~:' .;;; ';"1;1 9. COUNCIL. CHAMBER - May 9, 11138 The Building Inspector reported real estate men were asking for copies of the City's zoning map, colored as to its various zones. Mr. Cromer agreed to enquire as to the possible cost of supplying maps to such applicants. There was oonsiderable discussion in regard to the driving of piling and construction of dock at the yacht basin and Mr. Cromer was authorized to proceed with said work in accord with previous instructions. Mr. Hall said, also, that if the City was going to build a dock and provide adequate dockage facilities for more and larger boats that a dockage fee would have to be charged to help defray the expense. It was moved by Mr. Wodischek that bills numbered 2985 to 3052, having been O~K'd by the Finance Committee, be returned to the council and ordered paid. Councilman Miller reported that the oemetery was in bad shape and that things were drying up. He asked if it couldn't be watered. It was explained that Mr. Baker had been too busy to put in much time out there lately. It was recommended that the Parks Committee arrange to have this taken care of before Memorial Day. ~,'. , ~ -'--" . , There being no further business, Council regularly adjourned. '\,- , APPROVED: tv eJ JJd- I Mayor 4a.JLW.C~ . 1ty C1erk '!iI'~'