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02-12-34 Regular 2'.5 , . 1'r' I COUNCIL CHAiMBEB February 12, 1934. , The Council met in regular session at 7:30'P.~. wi th the Mayor and all nembers of the CouncH ~eE!ent. The mln- utes 01' the last regular JlBeting were read & apjlroved. An applioation by Mrs. B.A. Butler for wldOW.'s exemp- tion was turned over to the Finance ColllD11ttee 1'or invest1gatlon and report. " l,; , Letters 1'rom 1be War DepartJl8nt approving the revised plans for laylng theOlty's elght Inchwllter maln across the canal were read and ordered filed together with - perml t and letter of November 3rd wIllch set fortl1'the (lovern.;.;.' mentts requlreJlBnts on this project. , Mr. Dlggans reported that the street light, pre- viously requested a't corner of 7th Avenu& and 4th Straethlid been placed and that the $1'7.50 requ:\.red of Seventh Avenue property owners was in the hands of Mr. Hubbard. Mr. Gracey reported the. t be hall no ordlnance to offer with reference to the lleenslng of marble boards; and it was suggested that this mat,ter be lald over>untH next meetlng to allow said ordlnanee to be drawn' up. . Mr. Hlll reported the. t be had consulted wlth Mr. Bake:r regarding the Chevrolet truck, amd upon his assurance that it was no longer needed by the Cllty, same had been turned over to Mr. John Adams for $l75.00, belng the blue book ratlng on seme. Mr. Johnston reporte(l t~t Goqernmentenglneershad in-termed him that plans for the cUsposal of spoi:h'frO!il':t1rEf':' canal were made and that tbeY Ud not want to deposlt it on Andrews Street as req12sted by certain property owners along said street. f.1rr'., I'''''' Mr. Byrd reported that the Ranson property matter was, still pendlng, awaiting replies from certain concerIied parties. He stated too, that 1 t would be necesS&r.y to br.,11lg ;'1; 2'r{ -, sult to quiet this title whlch he expected to do at the first, or the f"ollowingRule Day. In the matter of accept:lng bonds In p,yment of <1dlnquent taxes, the City Attorneystate<1the,ordlnance;:.,"~",",.,. as drawn up, bad met with the approval of the Bonding Company In New York, but that he had not had a deI1nlte reply from Mr. Kearley. .4t thls point, Mr. Kearley oaned frcm West Palm Beaoh adyrslng Mr. Byrd that the new ordinance, above referred to, met with their approvalJ set the 1st Day lbf July all the expira tion date of this and all other ordlnanoes providing for payment of delinquent taxes with bonds; and gave the tax ottlee permlsslon to operate Immedlately under the new ordlnance Instead of awaitlng final passage of same. Mr. Foote stated that several Beach residents had requested tse removal of eight plne trees from in front of" the Greenwood property on East side of sldewalk. Mr. Johnston thought 11' such removal was made, 1 t would be well. to leave it untll after the Tottrlst season. It was decided to allow the matter to rest until next meetlng, SOJl8 of the Councilmen agreelng to look over the sltuatlon in the meantlme and decide as to the advlsablll ty of removlng these trees. ( Mr. Geo. Carr- came before the Council In the Int.erest of the Florlda Navigation District, asklng for rlght-of-way on five addltional parcels of property. He stated that easements had been refused on these by the old Councll because they. belleved the dredglng would damage paved streets existing along the West bank of the canal but he explalned that the .Government 's new center line allocation and box-out method of dredging:... through the oity limits of Delray Beach would greatly eliminate this danger and hoped, under tl:ese oand! tlons the Counoll would see f"it to grant the requested easements. He presented a: resolutlon for passage by the Counoll grantlng rlght-of-way to the desired five paroels. 'f " Mr. Johnston stated that he was posi tlvely opposed to grflntingrigh1reof-way on the block Sou ttl of canal, vlz: Block 133, unless he was assured that the Clty would be reimbursed in case of future dan6ge to the roadway'resu:hll:lmg+."..", f"rom the ell tting away of the bank; that he believed It necessary to proteot tl1e bank for at least 100 feet South of" brldge. ' ~ Also, Mr. Foote said that In case funds dld not come through the C.W.A. for the laylng of water main, the Clty, he felt, should have some protection from the Govern- ment In this matter also. After some discussion, Mr. Gracey move d'that ease:men tsbag1<an ted' o!f""parcels"Nort:n"'or-Br'fdge-'"" and on the South side also, provlded the Government agreed to protect the first 100 feet of roadway South of brldge. The n:otlon was seconded by Mr. Johnson and on roll call the vote was as follows: Mr. Dl€~ gans ye s, Mr. Foote no, Mr. Gracey yes, Mr. Hlll yes, Mr. Johnston yes. ,Motlon carrled. The Clelk then read the resolu tlon, af'ter striklng the refused parcel above refer1'ed to. In dtl.sc!lssing the matter further Mr. Foote said he thought the Councl1 ought to take further time to consider the resolutlon bef'ore passlng it; that it looked to him as though the Cl ty was gi Ting away everything and getting nothlng f'or it. It was agreed to lay the matter over for two weeks :to a1low Mr. Byrd to };ass on the 18gallty and effect of same. ~ r, ~r , \ .~ Mr. Rltter and other tourlst eitlzens presented a cOllllllUnlcatlon wlth reference to the Municipal Golf Course, the substance of same being a petl tlon and recommendation that the Cl ty renew the lease-contract Wi thMr~ L.S. Wilson f'or a perlod of three to five years; that same be amended to provlde for the payment of all fire and tornado insurance by the City and not by the lessee; that the Clty purcbase at thls tlme, neoessary equipJl8nt not to exceed in cost the sum of $500.00; to oonsist of a fairway grass mower, water hose &0; an offer by the above mentioned pet1tloners to advance Mr. < Wilson the necessary $500.00 at tMs time, in the event of lack of funds In the Clty treasury,wlth the e:ltpressed understandl:rig that the City prOVide 11'.1. the1r:next taXl~Ty a sufficlent amount to refund said $500.00' durlng the year 1934-1935, The letter commended Mr. Wilson hlShly and eongratt1la ted the Cl ty on Its endeavor to keep the course In operatlon, After SOJ18 dlscussion It was moved by Mr. Johnston, seconded by Mr. Gracey and unanimously carri ed that a fi ve year contrao t embodying the recommendations contalned in the ' . . \., ." i petitiion be entered Into 1Jetween the"011;yaftd' J(r~L.S;Wilsoi1"~'\')t as manager. ..;,9 , I ~, '''lI'''" ! Mr. W.T. Rogers. attorney representing the American LaFrance Flre Engine Company came, before the Councll wl th referenoe to payment of' fire engin~ note due December 31st J.ll'st.. He stated the. t same, wlth intere'st,' lI'aS still unpaid and he " ~. $' ".r .,1 H '..:.'....,...;. , ,:,:,~:,,~::l ""I "';' , ;,j" , I ',': 1 would like to have SOJ18 definite understandlng regardlng same. If unable to pay all, be sald the Company was willlng to accept whatever we could pay and extend the balanc.e over some' reasonab le :period of time....;. . slrortwe'lve-lIIOnths..or.... ._- ....-.... however we deslred. , The Council expressed themselves as unwll1ing to pay ou t any money until the work of lowering the water main had been completed and fUnds 1'0 rthcOming to pay for it. They agreed to advlse Mr. Rogersln thirty days' tlme what they oould do wi th regard to payment of sald note. Mr. Smith and Mr. Dean appeared before the Counell requesting 11cense to operate the Alterep Hotel Coilrtee Shoppe, unde r the hotel management, thereby wl thdrawlng previous appllcatlon for license by Mis s Phair. Mr. Foote moved that the lloense be granted. The I1Dtlon was se-conded by Mr. Gracey and on 1'011 call the vote was unanimous. There was sane disoussion at this point regardlng the 1 tlnerant merchants license ordlnafice and It was suggested that the City Attorney revise it sufticlently to give the Gouncll disc:retlonary powers in the enf'orQement of same, whioh Mr. Byrd agreed to do. . The folloWing ordlnance was then int1'09,uced and read In tull: tt AN ORDINANCE OF THE CITY CO.'. UNCIL OF 1r;i:j;TY. OF., ~ DELRAY BEACH, FLORIDA, PRESCRIBING THAT CERTAIN -. ." S LEV,IED S. PAID IN CASH, ANDP.I:lE9CBIBING THAT CERTAIN OTHER :pnINQ.UENT 'l'AX1r..<l BE PAIDIN' BONll3 OF SAID CITY OFDELRAY BEACH, FLORI~.~ In di scusslng the Ordlnance Mr. Foote and other members expressed opposl tlon to the provislon In same whloh would prevent us accepting, after J'uly 1st, bonds for delinquent taxes for 1929 and yetI's previOUS thereto. Mr, Foote sald tbey d1 d not wen t the ordlnance disrUpted which provl dad for payment of sald years. Mr. Byrd agreed to confer with Mr. :mearley regarding this feature and come to soIi1e agreement Whereby an amendment could be made to the new ordin~ tiiJl~e, .so. that resolutions WillS. "1 an<l72p4sSEl9,.;)'uly, and. October ,1931 will not be affected by the p'sssage of the new ordlnance. Mr. Gracey then moved the passage of tbe ordlnanoe on its first readlng.' Mr. Foote' seconded the I1Dtion and on roll call the vote was unanimous. ~ il ~: r Mr. Foote brought up the question of of the jail - sanitary oondltion andrepalrs to the supervis ion same, stating '281 . ~ , . l .1 , , .( 2~S that he Geslred the Counoil to deslgna te this as the duty of some particular person or departmen t. After di soussion Mr. Foot:e moved that san:e be under the supervislon of the Mayor as head of the Pollce Department. Mr. Johnston I seoondedJbhe motion and on roll ca"llthe"vote'was unani:mons-o'-"'-"-'.- The Mayat' sta ted that he had had numerous oomplalnts regarding dogs runnlng at large and considered the Counell should take some steps for the abatemnt of thls nuisanoe. It was moved, seconded and carr! ad that tIlls mat ter be referred to the Ordinanoe Commlttee to work In oonjunctlon wlth the Sani~ tary Committee in framing an ordinanoe to flt thls neoessity. Mr. Foo te was granted permlss ion to dispose of exoavated dlrt recently deposited in the Clty park. Mr. Crego appeared before the Counoil requesting aotlon on the water ordinance introduced by himwhlle a member of the old Council. ~ Mr. DlgganS, Mr.. Eand and Mr. Llnk spolterega:rding their effort to have Delray skilled labor replace the llnpprted labor now being exployed on the beach project. Their efforts; they stated seemed to be of no avall and suggested that the Counell as a body send a tormal protest In the matter. Mr. Johnston then moved that Mr; Byrd draw up a resolution prote s t1ng the Elllploym8n t on our ci vi 0 pro jec ts, 0,1' labor Imported frQll out slde of Delray, and send cOPles~."'...'.. >"~ame to MaI'cus Fagg, Hon. J. Mark Wilcox and Mr. Tarnage.:;~ The Clerk stated that Mr. Hubbard; woo held ll~n oertifloates for the Atlantic Avenue Widening and Southrldge' pavlng had made a demand for payment on certain ooupons due and unpald. It was stated tm t whatever money had been paid Into the treasury on said eertiflcates should be paid to Mr. HUbbard, and the Cler~ was ordered to ascertaln the total amount of such monles. y The Clerk reported that be had bad no reply from the Telephone Company regardlng the removal of pole at Seacrest Hotel. The Clerk was ordered to can the Telephone ComPanY up. . ..' and adviSe that unless pole Was removed'pr0m:p'tIy;Vthecr!1fY'~w6'l'l1:d"""'"'' be forced to take it down to proVide for tbe Widening of partrig at that point, whioh t be County Intends'to do shortly. , Mr. Gracey reported that theO,E!.ution signs had been pa~nted and moved tha t Mr. Foote be glvenau thorl ty to M.'Ve the slgnsplacei. Mr. Johnston seoondedthei,Inot1oIIwhleh car:r!ed unanimOUSly. Mr. Johnston also moveCl that the !ai-ge Del~ Beach ; ~- Z~"';:)' slgn at North end of town, which Is badly in need of palnt, be taken down and stored away for the present. The Flre Chlef presented an applicatlon for per- fuii:fsiOI1 . to mOVe a hoUSe" ftom.I;ot'25..B:t(Yck'0..to..-eol.o'recr'l'oWlr.....,~-;..' There being delinquent taxes on the house the Council conceded that it wculd be perm1ssilble to mcwe saJj1e provlded on tstandlng taxes were pald on the improvement tefore it was removed. Mr. Johnston made the followlng motion regardlng the grantlng of 1t, perml ts: Tba t permls sion be granted to mOTe sa Id house provlded delinquent taxes liElre pald for the Imp:rovement, and that in future no house be moved wl tbout applicatlon belng presented to the Council for approval. Mr. Foote seconded the motlon whlch carrled unanlmously. A request from Dr. Tucker to erect garage wlth a wood floor was refused with the Instruction that the Fire Chlef ~tlck to the requirements of the Fire Ordlnance. Mr. Johnston moved that the Flre Chief be graI1'j;~(l permlsslon to Issue permlts for alterations or addltlo~s~here the prescrlbed regulatlons of theFlreOrdlnance is compl:i,ed wlth - except with regard to the mOving of bulldlngs as betore stated. The motion was seconded by Mr. Gracey and carrled unanimously. ( Appllcatien by the F.E.C. Ral1way for permlssion to move a freight shed from out 01' town and place 1:.t~b'on the railroad property here, was upon motion duly maGl'~'. seconded and carried, granted. <# Mr. Johnston stated that Mr. Towles, 0.1' the Federal Sanl ta tlon C0lllD11 ttee had reported the unsanitary conditlonof the outhouses in the Colored d1 sdl:ltlc t of Del~ and etfeir8d to erect concreted, fly-proof bu~ld1ngs at no cost to the Clty, 11' the Clty wOUld advance him from $35.00 to $40.0() to obtain enough materlal to build the flrst ten. He wOuJ.d, in turn, collect from the pro];8rty OIIlners and retund the City as payments were made to him. Mr. Foote moved that th~s matter be left '.uth the Sanl tary Committ.ee with power to act.. Mr. Gracey seconded the mo tion and on roll call the vote was unanimous. .,. " " -Mi:,;.:;.> .' Mr. Johnston stated that labor was required to tack the palmettos 011 the halfshades at 'the Beach arid it was agreed to allow those working out water bills to do this work. ! . ~-.,..-..., I , .1, In the erectlon of the wall.. on the alley sl de of the pav1l10n at Beach, Mr. Hl11 pointed o tl.t > the necessity of placlng it ,back sufti:ciently from the p~~'rty line to allow ~-j' 2Efr for sewer. It was thought advisable to leave this up to Mr. Llnk's discretion. Mr. Foote moved that the fo11ow.ing..o,11:ls,,...o..K-td.- .. ',. ,."..-- by the Flnance Commlttee,be paid. The motlon was seconded by Mr. Gracey and carrled. Mr. Johnston requested that a letter be written to Mr. Lynn. calling hls attentionjt():thefttct thatthe'~'" dynamite Charges used by the contractor l:nb18.stlng out,th:e\ cabbal!!le palms along the canal bank bad cracked our shUffle . board courts, and asklng them to use more . difjcret10n wl1.~"n"Li the dredge reached this point; Eil,sc;> stating',,'~h'at the ,<ll.ty": i~X" felt they should be recompensedfO"r .the danage done to the . courts and asklng to whom' we shou14 look for redress. Meetlng adjourned. o.nange State 011 Company Standare o.il Company January 31st Payroll Fla. Power & Light Company " n ft " A.D. Jurney Service Garage W.A. Jones Ed. C. Noxon Delray Flre Dept. , :\' 164,50 41.25 829.19 37 .50 36.:00. 7.50 14.0.3 47.50 9.00 42.00. Check 4342 n 43~ ---- 4338 Llcense . n 4344 APPROVED: -'N' Clty Clerk.