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01-27-41 Regular 1.622 COUNCIL CHAMBER. ~anuary 27, 1941. The Counoil met in regular session at 7:30 P. M. with the City Attorney and members Hill, ~acobs, Miller, Sabath and Soott present. It was regularly moved, seconded and oarried that the minutes of the regular meeting of ~anuary 13th be approved as read. Under the heading of old business, the Chairman of the Finance Committee was asked for a report on the matter o~ purohasing the Laitin property in Section 17, but stated he was not yet prepared to make reoommendation as to this. Communioations were read from the Delray Beach PUblio Library Assooiation, embodying a report of its activities, and enolosing a financial statement for the past year, these being offered for the Counoil's information in connection with the Library's request for a $25.00-per-month donation towards the library. In regard to said request, whioh had been referred to the Finanoe Committee for recommendation at last meeting, Chairman Hill said he was not prepared to make a definite report as to City finances, but thought the City should be able to spare $25.00 per month ~or the purpose requested. He aooordingly moved that the City donate $25.00 per month to the Library during the balance of the year, as long as funds are available. Mr. Jacobs seconded the motion, and on roll oall, the vote was as follows: Mr. Hill yes, Mr. ~acobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion oarried. Before making such pay- ments, the City Attorney asked permission to look into oertain legal technioalities, Whioh might be involved, he said, in the City's lending suoh support to the public library. Application was received from Everett Bryen for a position on the City Polioe force, and upon motion of Mr. ~aoobs, seconded by Mr. Hill, and on roll oall unanimously carried, referred to the Mayor for recommendation. A letter was read from C. A. B. Zook granting the City permission to plaoe benches on his Nursery property, South of the sidewalk and requesting, in return, that the City fill at the back of the royal palms for a distance of approximately ten feet, as he stated that When he gave right-of-way for the sidewalk, it had been his understanding that the City would grade from the walk south, tapering off so no water pookets would result. Mr. ~acobs said there were two or three spots the City should fill, and it was moved by Mr. Scott that the matter be referred to the Parks Committee to take whatever , COUNCIL CHAMBER - ~anuary 27, 1941. :16Z3 aotion seems neoessary in this regard. Mr. ~acobs seconded the motion and on roll Oall, it oarried unanimously. The following letter was reoeived from G. H. Crawford: Delray Beach, Florida. ~anuary 27, 1 9 4 1. City of Delray Beaoh, Delray Beaoh, Florida. SUbjeot: Sidewalk at 1100 E. Atlantio Avenue. Gentlemen: Last summer, 1940, when the new sidewalk was laid on the South side of East Atlantio Avenue, the sidewaik in ~ront of my bUilding at 1100 E. Atlantio Ave., (Whioh sidewalk was laid by the City in 1938 and half paid for by me) was broken near its west end and raised to meet the different grade of the 1940 sidewalk. This oreates a hazard Where the orosswalk into my building meets the main sidewalk on Atlentio Avenue. I oall this oondition to the attention o~ your honorable oounoil as I feel that the City would be responsible for any aocident resulting from its aotion in disturbing the 1938 sidewalk. This.oon- dition oould probably be reotified by relaying the broken main sidewalk and a portion of the orosswalk so that the ohange of grade would not be notioeable. In addition to the matter o~ the sidewalk repair referred to in paragraph No.1, I also oall your attention to the doubt as to whe>>her the 1938 side- walk was Wholly built on property owned by the City. Respeotfully Submitted, G. H. Crawford. Upon enquiry by the Counoil the City Engineer explained that the sidewalk at the N. E. Corner of the Crawford property had settled two or three inohes since its construction and it was questionable as to whether this was the City's liability or not. After discussion, it was moved by Mr. Sabath that the matter be referred to the Street Committee for reoommendation. Mr. Hill seconded the motion, whioh oarried unanimously, on roll oall. The following petition was reoeived and read: :1624 COUNCIL CHAMBER - ~anuary 27, 1941. Delray Beaoh, Florida. ~an. 24, 1941. To the Hon. Mayor & Counoil, Delray Beaoh, Florida. Hon. Sirs: We the undersigned property o~Yners of Delray Beach Esplanade would like you to investigate the surface water problem we have at every heavy rain-falL The rain water from the Ooean Boulevard drains down Vista Del Mar and settles on our portion of the street, at times remaining for two or three days. This oan be relieved by oatoh basins and tile drains laid into oanal basin. Your City Engineer is familiar with this oondition and its oause. We pray that you will see your way olear to do something to relieve this oondition. Additional houses are oontemplated in this subdivision at once and inasmuoh as all development expenses were paid for by the developers, we feel that the City should grant us relief from this water oon- dition whioh is beyond our oontrol and oaused by Water draining from other City streets. Very truly yours, Charlotte M. Wellenbrink W. M. Waters Willie E. Waters Lewis T. Greist Frederiok H. Drexler Charlotte C. Drexler The Mayor stated that the oondition complained of had been oaused by the developers, in that they had failed to fill in that low area SUffioiently, and the City's only fault had been in aocepting the subdivision plat of the property at that grade; that a higher grade should have been demanded. The City Engineer said there was a general slope West from Andrews Avenue and East from the Canal, with the result that water pooketed in the intervening subdivisions; also that there had been oonsiderable settlement, in spots under the streets, leaving numerous water pookets. He estimated it would oost between $600.00 and $700.00 to satisfaotorily drain Delray Beaoh Esplanade Subdivision, and said the other 1.625 COUNCIL CHAMBER - ~anuary 27, 1941. subdivisions over there could not satisfaotorily be drained, the only remedy being to tear up the low spots in the road and build them up with 4 inohes of rook, at a oost of approximately $30.00 to $50.00 eaoh for suoh rebuilding. He said properties in these subdivisions had all been graded down to the streets with the result that all the water drained into the streets where it had no ohance to seap away. It was finally moved by Mr. Hill that the request be referred to the Street Committee for reoommendation. Mr. Sabath seoonded the motion, whioh oarried unanimously on roll oall. The Clerk submitted the following reoOMmendation of the Zoning Commission in regard to petition of Seestedt and Stevens for the re-zoning of the Seestedt-Stevens Subdivision: "With referenoe to the Seestedt-Stevens Petition, the Commission feels that a re-olassifioation of all Class "B" lots within this area should be made at this time therefore the Commission recommends that all of the following property be inoluded in suoh re-olassifi- oation: Lots 2 to 17, 21 to 29, Seestedt-Stevens Sub- division, and Blook 139 lying West of the Canal; that same be changed from Residenoe "B" to Residenoe "A" zone, and therefore requests the Counoil's permission to so notify affected property owners in that area and oall the required publio hearing for suoh re-zoning on February 12, at 1:30 P. M. in the Counoil Chamber." Mr. ~acobs questioned the Counoil's right to originate a ohange of zoning for territory not speoifioally requested by the property owner, but the City Attorney stated that in his opinion the Counoil did have this right, whereupon it was moved by Mr. Hill that the above reoommendation of the Zoning Commission be aooepted and the ,Clerk authorized to send out the required notioes for a hearing on the matter, at a meetiM to be held February 12th. Mr. Soott seoonded the motion, and on roll oall the vote was as follows: Mr. Hill yes, Mr. ~aoobs yell, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion oarried. By motion of Mr. Hill, se conded by Mr. ~acobs, and on roll oall, unanimously oarried, the Clerk was authorized to apply to the State for the purohase of the Ei NEi NEi S~ of Seotion 18, said property to be used as an addition and entranoe, from Atlantio Avenue, to the City'S garbage dump. A oommunioation was read from A. B. Rittenour, Trust Offioer of West Palm Beaoh Atlantio National Bank, adviSing 1.626 ." hr," COUNCIL CHAMBER - ~anuary 27, 1.941. .>,~ .l( <,} ,,0 ' ;'1 that the bank ''Vas ready now to oomply with tho/' terms of the esorow agreement, and asking when they might (expeot the City's Series "B" bonds in the amount of $342,866.76 to be pIa oed on deposit with them for delivery to oreditors. It was thought some aotion should be taken in the matter of refunding this delinquent interest and the City Attorney was asked to oontaot the City's Fiscal Agent, T. M. Cook, in this regard and .report baok to the Counoi1. A tentative plat of a subdivision of the North 100 feet of Lots 34 and 35, Seotion 9, North Ooean Boulevard, was sub- mitted for the Counoil's inspeotion and approval. The City Engineer recommended that the City require the building line set-baok to be the same as that required for houses lying West. of said property. The members objeoted to the dead-end .street shown on the submitted sketoh and reoommended the t a minlimum width of fifty feet be required for said street and that it extend through the entire property to provide for a possible tie-in, in the future, with Andrewa Avenue or SOIlE North and South interseoting street. It was finally moved by Mr. Hill that the plat be referred to the City Engineer for further study and report baok to the Counoil at next meeting. Mr. Sabath seoonded the motion, which oarried unanimously on roll call. \ Grover Baker appeared before the members asking for a permit to enter Atlantio Avenue with a 14-foot private road Whioh he is building for Dr. W. C. Williams two feet West of the East property line of the st of Blook 140. Disoussion ensued as to what and how Dr. VHllianB oontemplated developing this half blook but it was pointed out that the Counoil was not being asked to approve any plat or subdivision of the . property or aocept any streets but that the request was merely that permit be granted to ent er Atlantio Avenue with a private driveway, whioh request was in order and oould not be refused. It was aooordingly moved by Mr. Soott that request be granted permitting Dr. Williams to enter Atlantio Avenue with his private di'tlveway provided the Royal Palms are not thereby disturbed. Mr. Baker also presented request from the owners of Lots 38 to 43, Las Palmas, for permission to pave the 12-foot alley at the rear of said lots and it was moved by Mr. ~aoobs that the request be granted. Mr. Soott seconded the motion, Whioh oarried unanimously, on roll oall. E. M. Baynes, Attorney, appeared for the Delray Beaoh Beauty Salon, with referenoe to the Beauty Culture ordinance recently adopted by the City. He said his client was in sympathy with the ordinanoe but that oertain provisions of same were not olearly set forth, and he believed the se features :1.627 COUNOIL CHAMBER - ~anuary 27, 1941. should be ironed out for the benefit of all oonoerned. He said it would take an hour or two to go through the ordinanoe and suggested that he be permitted to first go into it with the City Attorney, with a view to making a suitable reoommendation to the City Counoil; and that in the meantime the matter be permitted to stand in abeyanoe. It was therefore agreed by the membersthat the City Attorney and Mr. Baynes disouss it first, and then refer it baok to the Ordinanoe Committee for reoommend ati on. Edward P. Scherer appeared asking that a street light be installed at the South end of Salina Avenue, for benefit of visitors not familiar with that seotimn. Some of the members oonsidered this street suffioiently lighted, stating that it had more illumination than other similar seotions. It was moved by Mr. Hill that the matter be referred to the Light Committee for recommendation baok to the Coum il. Mr. ~aoobs seoonded the motion and on roll oall the vote was as follows: Mr. Hill yes, Mr. ~acobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Soott yes. The motion was oarried. It was moved by Mr. Soott, seoonded by Mr. Hill and on roll oall unanimously oarried that the following right-of- way deed be aooepted and the Clerk ordered to place sane on reoord: From W. Seward & Gertrude F. Webb To Oity of Delray Beach Conveying the E. 5 feet of the N. 199 feet of Blook 85, lying East of Railway. The City Clerk was authorized to take out bond for $1,000.00 covering Mrs. Catherine E. Strong, Deputy Clerk. Mrs. M. K. Sterling's oomplaint regarding hedges was mentioned but no report submitted, and the netter was further referred to the City Attorney for advioe. Wm. Davis appeared, in the interest of Mrs. ~ohn Blank, asking that something be done to prevent water draining off the street intersection on to her property at the oorner of South Federal Highway and First Street. He said it resulted in trash, grease and mud being deposited on her lawn, Whioh she objected to. The matter was referred to the City Engineer, to work out son:e remedy for the oomition oomplained of. It was regularly moved, seconded and oarried that the following ordinanoe be pIa oed on its second reading: ., 1.628 COUNCIL CHAMBER - ~anuary 27, 1941. ORDINANCE 382. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE LICENSING OF PERSONS, FIRMS AND CORPORATIONS ENGAGING IN THE BUSINESS OF CONTRACTORS AND SuPERINTENDENTS IN THE CITY OF DELRAY BEACH, FLORIDA, MAKING IT UNLAWFUL TO ENGAGE IN THE BUSINESS OF CONTRACTOR WITHOUT A LICENSE, PROVIDING FOR EXAMINATIONS TO BE PASSED BY THE CONTRACTOR AND SuPERINTENDENT AND CERTIFICATE TO BE OBTAINED BEFORE LICENSE SHALL BE ISSUED, AND PROVIDING PENALT)ES FOR THE VIOLATION OF THIS ORDINANCE AND PROVISIONS FOR THE ENFORCEMENT THEREOF. The ordinanoe having been read in full, the seoond time, it was moved by Mr. Sabath that it be adopted on its seoond reading and final passage. Mr. Hill seoonded the motion and on roll oall the vote was unanimous and the motion was deolared oarried. It was further moved by Mr. Hill that the City Clerk furnish the Carpenters Looal with a oopy of this ordinanoe. Mr. ~aoobs seoonded the motionwhioh oarried unanimously. Counoilman Hill moved the adoption of the following resolution as submitted by the City Attorney: RESOLUTION 388. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A LINE TO SERVE IN THE PLACE OF THE WEST BOUNDARY LINE OF THE OCEAN BOULEVARD IN FRACTIONAL SECTmON 16 OF TOiY.NSHIP 46 SOUTH, RANGE 43 EAST, FOR THE PURPOSE OF REGULATING THE BUILDING OF SIDEWALKS, STREETS AND BUILDINGS AND AUTHORIZING THE MAKING AND RECORDING OF A PLAT SHOWING SAID LINE. i I .1 I Counoilman ~aoobs seCOnded Mr. Hill's motion for and on roll oall the vote was as follows: Mr. Hill Mr. ~aoobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. The motion oarried. The City Attorney brougnt up the matter of outstanding bill for legal servioes rendered Nov. 14, 1939 by Adams & Nowlin in oonnection with the City's refunding and validation adoption, yes, Soott yes. 1.629 COUNCIL CHM~BER - ~anuary 27, 1941. prooeedings on its Series "A" Bond Issue. Sinoe no disposition or payment or bill had been made, he requested that the Counoil dispose of the matter in some way. The Mayor said he thought it should be referred baok to the Finanoe Committee for reoommendation as to adjustment. It was thereupon moved by Mr. Hill that the bill be referred to the Finanoe Committee for report baok to Counoil at next meeting. Mr. Soott seoonded the motion, and on roll oall the vote was as ~ollows: Mr. Hill yes, Mr. ~aoobs yes, Mr. Miller yes, Mr. Sabath yes,. Mr. Scott yes. The motion was deolared oarried. ,Upon being asked for a report on Parks aotivities, Mr. Sabath, Chairman of the Parks Committee, submitted a report from the Delray Beaoh Tennis Assooiation, dated ~anuary 27th. The report stated that the Children's oourts had been reoonstructed during the past few months at a oost of $672.90 and asked that the City now pay over to the Assooiation the donation of $500.00 pledged by the Counoil at its regular meeting of September 23rd last, also an additional $172.90, which the Assooiation felt was justified sinoe they had material left over for future use. An item- ized aocount of .the expense of rebuilding these courts also was submitted, as follows: " CONSTRUCTION COST FOR TWO NEW COURTS DELRAY BEACH TENNIS ASSOCIATION ~anuary 16, 1940. Speoial red-olay sand from Lake Wales: Red-olay sand Freight: SARR Delivery to court: $69.50 49.50 9.20 l 128.20 211 yards marl obtained 5 miles west of Boca Raton Cost of rolling marl level: Labor (3 oolored men @ $1.50 per day) $ 296.50 4.00 244.00 $ 672.70 After discussion, it was moved by Mr. Sabath that the Tennis Assooiation be paid the sum of $500.00 as promised last year. Mr. Scott seoonded the motion and on toll oall the vote was as follows: Mr. Hill yes, Mr. ~acobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion oarried. 1.630 COUNCIL CHAMBER - ~anuary 27, 1941. Mr. Scott reported having in~peoted the Water. Plant and he reoommended that oertain repair parts be purohased to have available in case the lift pump went bad, as he said it would seriously interfere with the service if it was neoess- ary to order and wait for shipment of these parts'lin oase of a breakdown. He therefore moved that a new ~ and a shaft of monel metal be ordered for the water plant. Mr. ~aoobs seconded the motion and on roll oall the vote was as follows: Mr. Hill yes, Mr. ~acobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion oarried. Also, the Chairman of the Sanitary Committee reported having maQe an inspeotion of sanitary and sewer oonditions in the City. He reoommended the adopt ion of some kind of ordin- anoe forbidding the throwing of trash in alleys. He said it was often necessary to dig up the sewer lines laid in alleys and in suoh instances this trash was a nuisance. He also recommended that the ordinance inolude nthat no shrubbery be planted in the alley \\here sewers are laid." He said muoh of the sewer-ologged oonditions the City had to oontend with was due to roots from this shrubbery finding their way into the City sewer lines. He thought the City should go into these alleys and clean out the trees and shrubs that are affeoting the system. He further reported on the unsanitary and objectionable condition of the City garbage dump and recommended that a trench, approximately 15 feet wide and 10 feet deep be dug for present disposal of this garbage, and that the dirt so removed be useQ to fill in the swale adjacent to the garbage dump property. The City Attorney reported that the Amerioan Telephone and Telegraph Company had had Mr. Byrd draw a new franchise ordinance and had requested that he be permitted to submit same to the Ordinance Committee for final approval before presentation to the Counoil. By motion of Mr. Soott, seconded by Mr. Hill, and on roll call unanimously oarried, same was ordered to be so referred to the Ordinance Committee. . For the benefit of Councilman Hill, Who had been absent from these conferences, the Mayor explained that the other members of the Counoil, Who had met with P. L. Gaddis a couple of times with referenoe to the Atlantio Avenue railroad gates, had. oome to the conolusion that if the City gets gates they will be the eleotrioally controlled type and probably will not be installed before ~une or ~uly, therefore the members had agreed to aooept a new type of signal, Which he stated was oontrolled by a man in the tower during the day, and equipped with a gadget to electrically oontrol them after the attendant leaves at nigh~. He said if the Counoil approved of this type COUNC IL CHAMBER - ~anuary 27, 1941. 1631 of proteotion, a motion was in order to so notify the Railroad Company. It was thereupon moved by Mr. Soott that the Clerk write Mr. Beals requesting this new type of oross- ing protection with flashing-li~ht signals, for Atlantic Avenue orossing, and reflector button type orossing signs at N. E. 8th Street, N. E. 4th Street, S. E. 2nd Street and S. E. 10th Street, and that the signal at N. E. Second Street remain as it is. Mr. Sabath seoonded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. ~aoQbs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion oarried. The Mayor reported the need of an extra police offioer for February and Maroh. The Chief of Police stated that in oase the City decided to put on an extra man, the only expense in equipping him would be the oost of a half a dozen shirts, as an officer's uniform and cap oould be provided for his temporary use. In this oonneotion, it was moved by Mr. Scott that the Mayor be authorized to employ this extra policeman. Mr. Sabath seconded the motion, which oarried unanimously, on roll call. The Mayor brought up another matter oonneoted with polioe duty. He recommended the discontinuance of the $40.00 a month payment to firemen on night duty, sleeping in the Firemen's quarters, and instead to hire a man for all-night duty in the Polioe offioe to answer both polioe and fire oalls, said man to be paiCl a salary of $50.00 per month. He asked what the Council thought of such a plan, and the members agreed that if the servioe oould be bettered by suoh an arrangement, and a man oompetent to take out the fire truok in oase of an alarm, oould be hired for $50.00 a month, they would be agreeable to this ohange. The Mayor reoommended Marshall DeWitt, to replaoe Mr. Bradshaw, and Paul Rehr as a sixth member on the Golf Com- mittee. Mr. Hill moved that the Mayor's.recommendation be approved and that these men be appointed to said Committee. Mr. Sabath seoonded the motion, which carried unanimously. The following were also recommended by the Mayor, as members of the Tennis Association Committee: Dr. E. M. Farber, President, Mrs. Marie P. Nieder, Secretary, and ~aok Love, Treasurer. It was moved by Mr. Sabath, seconded by Mr. Soott and unanimously oarried that these appointments be approved and Miss Cramp was instructed to notify these new members of their appointment. It was regularly moved, seconded and unanimously oarried that bills numbered 5398 to 5458, having been approved COUNCIL CHAMBER - ~anuary 27, 1941. by the Finanoe Committee, be returned to the Counoil and ordered paid. It was regularly moved, seoonded and oarried that Council adjourn. ~~.(3~~f C ty C erk. APPROVED : . {~ 1.632