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09-26-38 Regular 1019 COUNCn. CHAIIBER September 26,1938 The Council met in regular session at 7:30 P.M. with the City Attorney and Councilmen Hill, Gwynn and Hall present. Be~ore taking up matters o~ regular business the ballot box and election paraphernalia ~or holding of the $27,500.00 Bond Election were'~resented by the Clerk. A~ter the ballots, list o~ voters etc. were examined by the Counclland" found to be In proper ~orm and order it was moved by Mr. Gwynn that the official ballots, list o~ registered voters and other election paraphern alia be approved and placed in the ballot box and that the ballot box be locked, sealed and delivered to the Clerk o~ the Election Board with instructions a s to holding of said election, in compliance with the laws o~ the State o~ Florida, the Charter of Delray Beach, and ordinances pertaining to the hOlding of such bond elections. Said motion was seconded by Mr. HIll and unanimously carried. Councilmen Miller and Wodischek then arrived and the Council proceeded with its regular order of business. By motion regular~y made, seconded and carried the minutes o~ the regula~meeting o~ September 12, and the special meetings of September 16th and 23rd were approved ad read'. C-- Petitions from E.B. Foote, Laura Chandler, Mr. & Mrs. wm. Mayer and Thos. W. BOYkin, Jr., were read, asking that the district bOunded by Seventh Avenue on the West,the East Coast Canal on the East, Atlantic Avenue on the North and Fourt~Street on the South be changed ~rom Class "B" to Class "A" Zone. It was moved by Mr. Hall, seconded by Mr. Gwynn and unanimously carried that these petitions be filed and given consideration with other such requests for zoning changes whEreva- the Council passes on amendment to the zoning ordinance. It was stated however, in, the matter of the present request, that a majority o~ the property owners would have to be represented be~o~ the Council could consider making the requested change~-> A communioation was read from J.N. Kabler proposing to deed to the City Lot 26 BlOCk 10 Del-Ida Park in payment of ,taxes he owes on Lot 11 Block 101, and Lot 10 Block 11 Del Ida Park. On motion o~ Mr. Hall, seconded by Mr. WOdischek and unanimOUSly carried, the Clerk was instructed to advise Mr. Kabler there was no way whereby the City oould malte such a trade for unpaid taxes. t020 COUNCIL CHAMBER - September 26, 1938 ,- A cOmmunication addressed to the Council from ~C. McColly asked that the City take some action towards havIng the shooting gallery moved frOm the Old Laundry building, to another section o~ town. The letter stated that residents were kept awake until 11:30 at night due to the noise. It was pointed out that said shooting gallery was located in the Indust- trial district and therefore within its proper zone. It was finally moved by Mr. Gwynn, that the Clerk reply to Mr. McColly's letter assuring him the Council' will endeavor to regulate'the hours for operation of the place so that same would cause no disturbance to adjacent residents. Mr. Miller seconded the motion which carried unanimouSly. A letter was read ~rom F.E. MaokIe froteeting, beoause he was being oharged a contraotor s lioense whereas Samuel Ogren who, he said had been doing the same type of contraoting, paid no such license. He asked the Council to take the matter under consideration and decide whether or not either or both o~ them were liable for such license. A letter was read from Mr. Ogren also, explaining his business and stating that he received no remuneration for such building construct_ ion, other than"his architect's fee, and that he was merely an architect and not a contractor. The City Attorney suggested that the matter be looked into to ascertain what constituted the business and duties of an architect. On suggestion of Mr. Gwynn the Counoil assured Mr. MackIe that it would go into the matter thoroughly and it It decided that Mr. Ogren is engaged in the contracting business, he would be required to pay the necessary contracting license. A lette~as read from Mr. Zook stating he would take up the matter of payment for expense charged to him.on the Gleason Street fill incurred in the spring of 1937, upon his return to Delray in October. The letter was ordered filed. A letter was read from the McWane Cast Iron Pipe Company stating they were holding in abeyance the credit ~or damaged pipe returned them, until such time as the City releases the balance of the pipe order. A petition was read from ten real estate brokers and salesmen protesting the raise in OCCupatio~al license for such businesses and aSking that the Counci ke an amendment reducing sue before final passage 0 the pro_ posed ordinance. The petition was tabled for consider- ation with other such amendments to the license ordinance when same is presented for final passage. Mr. Thos. W. BOYkin came before the meeting ask- ing the Council to do something immediately about the ) -' t 1U~~ COUNCIL CHAMBER - September 26. 1938 1- -cleaning of a lot North of him on Sevent~ Avenue belong- ing to. Clayton L. Andrews. The Chairman of the sanitary Committee stated that'this would be taken care of in the regular course of the lot-cleaning program unless the Council desired special action to be taken on this partioular lot. It was'fina:lly suggested that the City Clerk notIfy the owner of said property, and that the lot in question be cleared immediately upon receipt of payment for saId work. Mr. MaCkIe came before the meeting with a proposal that the City construct a retaining wall in front of his property, lots 44 add 45 Las Palmas, he to pay 2/3 of the cost and the City 1/3. He also stated that, should the Council agre~ to this, he wanted it understood that the City would fixtthe street and patch it up around his property. No action was taken by the Council on the request but it was suggested by Mr. Gwynn that the Street Co~ittee and Howard Cromer get together and see what could best be done in regard to the street and suggested bulkhead. i---'- . i J .M. CrOmer addressed the meeting asking tha t the semi-bUsiness zone on ocean front lots be extended South to include the old Zook property, now owned by Mrs. Brad- shaw and Mr. Gibbs, which property abuts on the Semi- bUsiness zone as now existent, thus extending same approx- imately 165 feet South of the present zone limit. Mr. ' Cromer explained he had a~lient who wished to erect apartments on the property and required said zoning change for this reason. In compliance with Mr. Cromer's request, it was moved by Mr. Hall that the Local Business Zone be so extended through that part o~ the Sio~ Ocean Beach Lot 19 and that part of the Ni of Ocean Beach Lot 20, whioh lies between Salina Street and the Ocean Boulevard. Mr. Miller seconded the motion and on roll call the vote was as follows: Mr. Gwynn yell,Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, and Mr. Wodisohek yes. The motion carried. Will Robinson, L.L. Youngblood and other oolored -- Citizens came before the meeting regarding the establish- ment af the coloredredreatlonal park on the sohool- grounds, contending that Same would conflict with r~gular, school activities. They asked that a W.P.A. Project be requested tor an auditorium In lieu o~ the recreational park in said lOcation. The Counoil assured them no con~lict would arise between school and other recreational aotivities as SaJlle would be regulated for the benefit or all concerned and since the school pro- perty covered a large area the pUblic park would be SuffiCiently removed 'rom the school house to cause no disturbance to pupils. It was explained, also, that the COUNCIL CHAMBER - September 26, 1938 1022 Recreational Project had been tentatively approved and therefore could not be changed from a park to an auditorium project. The Clerk submitted, tor the Council's approval, liquor application OfO.S. Mans~ield to operate bar on Lot 8 Block 27 COlored Town. In view of the recently adopted Uquorzonlng ordinano(l, which prohibits sale of liquor In said territory, it was moved by J&r. WOdischek, seconded by Mr. Gwynn and unanimoUSly carried that said license be refused. The Clerk was directed to notify applicant to that e~fect. JaCOb DaVis aSked the~Counoilts consideration in the matter of license to operate his wood-yard business ~orthe coming year in Block 101. stating that one more seaso'n.WllJUld give him the opportunity to dispose of his present stock, piled up on hand and next season he would vacate said lOcation. Upon assuranoe that he would discontinue operation of his saw within the next ten days or two weeks and would haul no more wood onto the property, it was agreed to allow him license in his present site, for the coming year, providing said location was cleared off by next Spring. J.M.Cromer asked decision of the Council regard- ing issuance of building perlllit for frame construct_ ion on the Crawford property, Lot 8 Atlantic Palm Nursery, which cOnstruction had been stopped becauae of non-compliance to regulations requiring fireproo~ buildings fOr apartments and hotels. He claimed that since the construction in question was for two eight-roomed units, each room having its indiv- idual outside entrance and unconnected with other rooms he considered same not exactly within the hotel class, and as no cooking facilit~es were to be installed it could not be COnsidered an apartment hOuse, and neither would the fire hazard be as great as for a frame dwelling, which the building code permitted. Taking these things into consideration, it was finally moved by Mr. Hall that the Building Inspeotor be authorized to issue permit for a single story frame bUilding, as requested, provided and on condition that the toundation be properly supported by piling, or in lieu thereof that a Qertificate be Supplled by a competent registered engineer stating such piling was unnecessary. Mr. Wodischek seconded the motion, and on roll call, the vote was as follows: lIr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischekyes. The motion carried. 1023 COUNCIL CHAMBER - September 26, 1938 The ~ollowing ordinance was then presented and on motion regularly made, seconded and carried placed on its first reading: W>~~~_~ BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIOING FOR''rHETYPE OF FOOTINGS AND FOUNDATIONS WHICH SHALL BE USED IN THE CONSTRUCTION OF ANY BUILDING OR BUILDINGS HEREAFTER ERECTED IN THE CITY OF DELRAY BEACH~ FLORIDA. ' The ordinance'havi'ngbeen read in full it was moved by~. Hall, seconded by Mr. Wodischek and on roll call unanimously carried that same be passed on its first reading. On motion regularly made, seoonded and carried the following ordinance was presented and placed on its second reading. ORDINANCE _ BOOK 4 AN ORDINANCE TO PROVIDE FOR THE LICENSING OF ST\TT,T,ED LABORERS, CRAFTSMEN, FOREMEN AND SUPERINTENDENTS OF SKILLED LABOR Be CRAFTS LABOR. After the ordinance had been read in full the City Attorney was questioned bY' members as to the constitution- allty ot"same and in'reply he stated that, in his opInion, it would b'el"l2eld unconstitutional. It was finally moved by Mr. Hall that the ordinance be passed and adopted on its second reading and :t'inal passage. 'Mr. Gwynn seconded' the motion and on roll call the vote Was as follows: Mr. Gwynn no, Mr. Hall no, Mr. Hill no, Mr. Miller no and Mr. WOdlschek no. The motion was declared lost. Mr. Gwynn'aslced i~ tnterested parties in the audience had anYl'Ellllarks to IIlake in regard to the'lIlatter or any suggestions as to a new ordinance that could be legally enforced. No recommendations were offered, however. Mr. C.E. Carrington appeared at the meeting en- quiringas to the amount of license to be paid for his second hand business,stating he was charged with a .150.00 license which he considered out o~ line with other businesses in town. The Council diScussed this and Mr. Hall said he considered a second-hand store fulfilled a definite need in the town and should not be discriminated against so long as no objectioonable 1024, COUNCIL CHAMBER - Septembe~ 26, 1938 feature or practicttwasassoclated therewith. It was accordingly agreedtbata dealer in second hand goods be classed as an ordinary merchant and lioensed accord- ingly, unless he c~e'within the bankrupt sales class, which oarrIed a high license. Mr. Grover'Baker,repressnting the American Legion, requested 'that; the Council proclaim an all-day holiday for November nth. Armistice Day. It was moved by Mr. WOdischek, seconded by Mr. Hall and unanimously carried that the Mayor issue a Proclamation declaring such holiday, as requtsted. It was moved by Mr. WOdischek, seconded by Mr. Gwynn and unanimously carried that the bond millage in Ward 1 be tentatively set at 10 mills for 1938-1939. Mr. Hall advise~tbat A.C. Davis, had applied for a plumbing license for 1938-1939 but since his examin- ation papers had neveT been graded by the Board he asked that these be passe4 upon as early as pOssible to permit the issuance or refusal of said license. " Mr. Hill recO~ended that the City purchase a 750 gallon-per-minute p~p with a head range of 112 to 128 feet furniShing an efficienoy curve covering the si,. of the pump and head pressure under which it works. C.W. Cable automatic equIpment for operation of a 220 volt motor, and ask for bids on same from F.M. GOUld, Allis Chalmers" American Well Works and Worthington Pump Company. On Mr. Hlll's recommendation it was moved by Mr. Hall, seconded by Mr. W6dischek and unanimously carried that said bids be asked for as recommended by Mr. Hill. Complaint was made regarding the ditoh out through Nassau Park Subdivision and it was recommanded that same be filled to the street grade, thus remedying the rough oondition of Nassau Street. After this an informal discussion took place as to certain occupational licenses and tentative amend- ments were made on various items, after which it was regularly moved, seconded and carried that the Council adjourn to meet again Wednesday evening for the purpose of completing such necessary amendments and passing said ordinance on its fina~ reading; also for the purpose of canvassing the v?tes cast on TueSday's Bond Election. 0vt 'btt~)ci2:jD APPRO)w; /,fl Mayor