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06-11-51 JUNE llTH, 1 951 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Mayor J. L. Saunders in the Chair, and Councilmen W. A. Jacobs, John N. Kabler, and Walter A. Rot~, a quorum being present. Councilman Jacobs requested that the paragraph in the minutes of the meeting held. May 28th, referrin,~ to the employment of a Life Guard for the Municipal Pool, be corrected to read that the "Civil Service Board be requested to submit recommendations to the Council for the employmemt of a Life Guard." The minutes of May 28th, June 2nd and June 6th were then ap- proved as corrected. Attorney Rhea Whitley addressed the Council on behalf of Totter- dale Developments, inc. He stated that Mr. Totterdale would agree that is and when there is a street to connect to his intended right- of-ways in the proposed plat of Totterdale Addition, on the north and west, he would dedicate these right-of-ways for use of the public. Until that time his dedication of street right-of-ways would serve no purpose except to benefit the adjoining property owners. He ask- ed the Council to accept the plat of Totterdale Addition with this provision. Mr. Whitley also stated that if a p~oposed plat complies with t~e City Charter provisions with reference to the platting of pro- perty within the City, as this plat does, he did not believe the Council could refuse to approve such plat. Co~mcilman Kabler contended that as Mr. Totterdale had agreed to provide an ~utlet to Lake Ida, for fUture City planning, such street should be included in the plat the same as other streets, and also a right-of-way on the north, if it will line up with the right-of-way provided in the adjoining Subdivision. No further action was taken. The following petition, Filed by property owners affected, ask- ing the City to vacate an alley in Block l-B, Lake View heights, was read: "June 8, 1951 The Honorable Mayor & Councilmen City of Delray Beach, Florida Gentlemen: We the undersigned property owners of Lots 11 & 12, 13 & 14, Block 1-B Lakeview Heights in the City of Delray Beach, do hereby petition the City Council to ab,~mdon the 16 ft. alley wkich runs between the two ~roperties as shown on the accompanying sketch. This alley has never been used assuch and could never be ex- tended to the next street due to the fact that the house on the lot adjoining to the south is directly in the path of where the alley would be. It would be agreeable to leave a five-foot easement for utili- ties. RespectCully, /S/ Clare Virginia Meyers John C. Lee Mary S. Lee 118 6/11/.51 The Council was of the opinion that dedicated alleys might be grassed, but should be kept open for public use, and upon motion o~ Councilman Kabler, and unanimously carried, the petition was de- nied. A letter from Hr. W. C. Burton, owner of property at the south- east corner of Bronson Street and East Atlantic Ave., was read, as follows: "June 7, 1951 T° the Hayor Delray Beach, Fla. Hon. Hr. Saunders: The writer wishes to express appreciation for the very prompt attention given to the lowering of Bronson Ave. at Atlantic Ave. enabling the contractor to proceed with our building without delay. When talking to you just before I left for Webster it was your advise that I w~ite a letter to the Council relative to the two palm trees that are located in front of the property at 1406 E. At- lantic. It is my request that you will allow me to have these two trees moved from the public space to the north of the sidewalk to a point south of the walk on the property and within tM ten foot setback area. These two trees are very attractive an~ add to the appearance of the property. The expense of moving trees wtl be paid_ by the writ er. Your prompt approval of the above matter will be appreciated, so that I can advise the builder to have them moved at the time that will work in with his building program. Thanking you for your early reply and with best wishes for a pleasant summer, I am Very truly yours, /S/ W. C. Burton A Committee consisting of ~'~ayor Saunders, and Councilmen Jacobs and Roth agreed to meet at this location on Tuesday, June 12th, at 10:45 A.~. to go over the situation. The Following letter from the Jr. Chamber of Commerce was read: "June 7, 1951 City Council Delray Beach, Florida Gent lemen: The Delray Beach Junior Chamber of Commerce respectfully recom- mends that the City of Delray Beach repave N.E. 1st St. from the canal to Second Avenue to its full width. We, alse recommend that this be done to all streets, whenever such street is torn up for storm sewer or any other major job. The Safety Committee recommends that Eighth Street be made a thru street from Swinton to the Ocean and that a stop sign be placed on Second Avenue and a caution sign on Eighth md that a blinker light be placed on the old ~ixie. /11/51 Your immediate attention to the above recommendations would be appreciated by the Junior Chamber of Commerce and. ~by the Safe- ty Committee. Respectfully submitted, JUNIOR CHAMBEH 0F COMMERCE ~S/ Sidney Zuckerman, President" The lights referred to in the above letter have been install- ed, and the suggestion that N.E. 1st Street be repaved to its full width, was referred to Councilman Holland for study and recommend- ati on. A letter from the Colored Voter's Committee, requesting the paving of certain streets in the colored section, was read as follows: "June 8, 1951 Dear Councilmen: SUBJECT - Recommendation for street paving in the Colored section. 1. N.W. 10th Ave. from the community center to St. John Baptist Church. 2. N.W. 5th Ave. from 2nd St. to 3rd St. then to Carver High School. S. S.W. 4th Ave. from Atlantic to the Episcopal Church. 4. N.W. 1st from 8th Ave. to the Sea Board Station. 5. 9th Ave. from 2nd to 3rd St. N.W. 6. N.W. 7th Ave. from 1st to 3rd St. 7. llth Ave. from Atlantic to 2nd St. 8. Sidewalk accompany item number two. Voters League Committee /S/ O. F. Youngblood L. Brunner W. Hardwick" The above letter was also referred to Councilman Holland. for recommendation. Mr. Garland Thayer, Contractor, appeared before the Counci 1, requesting a letter from the City to the FHA to the effect that there will be no further assessment for streets in Plumosa Park. Up&n advice of the City Attorney that a letter could be given to the effect that there will be no additional assessment for the initial installation of streets through Plumosa Park, a motion was made by Councilman Kabler, that the City Attorney be authorized to write such a letter, to be signed by the Mayor and City Clerk. The motion was seconded by Councilman Jacobs, and upon call of roll carried unanimously. Councilman Roth recommended that when new streets are built, a guard, or concrete curb, also be built to prevent the street from breaking away. The Council felt that such a requirement should depend on the use of the street, as it would greatly in- /11/ 1 9 crease the cost of the paving. Upon motion of Councilman Kabler, seconded by Councilman Roth, and unanimously carri.ed, 1940 Street Paving Lien assessed against Lot 7, Block 5, Dell .Park, was cancelled, as the City Attorney advised, that the lien was not valid because of failure to give notice to the State of Florida, who owned the property at the time the assessment was made. A request of the colored American Legion Post No. 188, for fi- nancial assistance in completing their Recreation Hall, was denied, as the City Attorney advised that the Council has no authority to make a donation of that kind to a private Club. Two recomendations from the Civil Service Board f~ a Life ~uard for the Municipal Pool for the summer months, were read as follows: "June 4, 1961 Ruth Smith City Clerk Delray Beach, Florida Dear Mrs. Smith: The Civil Service Board has certified Mr. Bert L. Wagner as Life Guard for the Municipa; S~imming Pool in the City of Delray Beach, Florida. His services shall be required for the summer season. Sincerely, /S/ Florence M. Brown Secretary,Civil Servic e Delray Beach, FloNi~a" "June 7, 1951 Ruth Smith City C1 erk Delray Beach, FloNida Dear Mrs. Smith: The Civil Service Board has also certified Dan W. Ward for the position of Life Buard for the Municipal SMimming Pool in the City of Delray Beach, Florida. A choice may now be made between Mr. Bert L. Wagner, who was certi- £ied by the Boar(] a few days ago and Mr. Ward for the position of Life Guard. Sincerely, /S/ Florence M. Brown Secretary, Civil Service Board Delray Beach, Florida" · 6/n/51 As Dan Ward has been employed by Mrs. Yates, the ~ool Mana- ger, and she preferred that he continue through the sun~ner, a mo- tion was made by Councilman Roth, seconded by Councilman Jacobs, that the appointment of Dan Ward as Life ~uard at the Pool for the summer months be confirmed. Upln call of roll the motion carr- ied unanimously. The Clerk advised the Council that four bids had been obtain- ed for the purchase of two fans for the first floor of the City Rail, as follows: Thompson Electric Co. - 24" Emerson Fans - 2 speed - ~131.00 ea. Arcade Electric Co. -" " " " " - 115.00 " Southern Electric Co. -" " " " " - 100.00 " Butler Mercantile - ~FM24M21 Pedestal Fans (GM) - 130.00 " Upon motion of Councilman Kabler, seconded by Councilman Jacbos, and unanimously carried, the bid submitted by the Southern Electric Co., in the amount of ~100.00 eachiFor two fans, one for the Tax and Water Department, and one for the City Clerk's office, was ac- cepted, as being the lowest and best bid received. Bills totaling $65,158.86 were approved for payment, subject to approval of the Finance Committee, upon motion of Councilman Jacobs, seconded by Councilman Kabler, and unanimously carried. The following Ordinance was then brought up for first reading, and same was read in full: AN ORI)INi~CE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PRO- VIDING THAT ANY STRUCTURE, OBSTRUCTION OF ANY NATURE, OR ANY GROWING BUSH, HEDGE, PLANT OR TREE WITHIN THE FRONT SET-BACK AREA OF ANY LOT LOCATED IN ANY BUSINESS DISTRICT FRONTING ON ATLANTIC AVENUE OR SIXTH AVENUE IN TH,~] CITY OF DELRAY BEACH FLORIDA, WHICH CREATES A TRAFUIC HAZARD TO BE A NUISANCE; PROVIDING A PENALTY, AND FURTHER PROVIDING A SEVEP~iBILITY CLAUSE. A motion was made by Councilman Roth, seconded by Councilman Jacobs, that the foregoing Ordinance be placed on first readirg, and upon call of roll the motion carried unanimously. With reference to the extension of the storm sewer drainage line to the alley south of the Bon-Air Hotel, which was discussed at a previous meeting, a motion was made by Councilman Kabler that the Consulting Engineer, Mr. Geo. Brockway, be authorized to p~eed with the necessary engineering plans to provide for theext~sion of this drainage line on N.E. 2nd Ave. to the necessary point in the alley south of Atlantic Ave. to provide for adequate drainage. The motion was seconded by Councilman Roth, and upon call of roll car- ried unanimously. Upon motion of Councilman Kabler, seconded by Councilman l(oth, and unanimously carried, the Clerk was instructed to contact the National Cash Register Co., the Burroughs Adding Machine Co., a~ /ll/ l the Underwood Sundstrand Co., requesting proposals for furnishing a bookkeeping machine for general accounting work, proposals received to be then considered by the Council, the Tax Assessor, and the City Clerk. The payment of delinquent County taxes on three parcels of land acquired by the City by tax foreclosure in 1947, was authorized, upon motion of Councilman Kabler, seconded by Councilman R~,,oth, and unani- mously carried. City Attorney ~loore recommended to the Council that a survey be made of the land the City proposes to purchase from the Estate of Billie Turner, described as Blocks 26 and 27, Homewood subdivision, which is adjacent to the 5iunicipal Golf Course, and by motion of Councilman Kabler, seconded by Councilman l(oth, a~d unanimously carried, such a survey was authorized. Councilman Jacobs then stated that some sanitary sewer work would have to be started in the near future. Some years ago a com- plete Dian for an over-all sewer system was submitted by an Engineer- ing concern, Mr. Jacobs explained, and another survey was made in 1947 by Smith & Gillespie, Engineers, of Jacksonville, Florida. This survey was finance~ by a Federal Government loan, which must be repaid when the project is started. ~{e contended that if the firm of Smith & Gillespie is not employed as Engineers when such sewer project is undertaken, the City may be obliged to also pay for for another set of plans. Mr. Jacobs was advised by the Clerk that the plans and specifi- cations, submitted in 1947 by Smith & Gillespie, Engineers, and app- roved by the Federal Government and the Florida State Board of Health, are now the property of the City, and together with a]l data cc~cern- lng this survey, may be inspected by anyone at any time, which Mr. Jacobs promised to do. The meeting then adjourned. City Clerk APPROVED: Mayor