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05-22-39 Regular :1222 COUNCIL CHAMBER May 22, 1939 The Council met in regular session at 7:30 P.M. with the City Attorney and all members of the Council. present. \t >;~ F The minutes of the regular meeting of May 8th and the special meeting of May 9th and 15th were approved as read. { jr " "" .~ , Under communications, a letter was read from J. F. McMillan, Gen. Mgr. of the Florida State Fire College, asking that the City allow Fire Chief Cook to attend the tenth anniversary of the College to be held July 24th to 27th, and aid in demonstration and instruction of '~lectric- al Hazards and Inspection". In conformity with the estab- lished custom ot past years, it was moved by Councilman Hall that Mr. Cook be authorized to attend this sohool and tha t the City pay the expense incurred for the trip. Mr. Crego seconded the motion and on roll oall the vote was unanimous and the motion was declared carried. ~ written protest from Geo.. H. Hollman against any ohange in the zoning of the district South of Atlantic Avenue between S.E. 7th Ave. and the Canal, to S.E. 4th Street, was by motion regularly made seoonded and oarried ordered filed with other ~ing recommendations to be oonsidered at a later date~ a tt ~ A communication was read from the Franklin Survey Company of Philadelphia, enquiring as to whether they would be granted acoess to City maps and records for the purpose of inclUding this territory in an plat book which they propose making of Palm Beaoh County; alEoasking if the City would subscribe to one or two copies of said volume at a reasonable figure. It was moved by Mr. Miller that this oompany be permitted the use of the City's reoords and plats for the purpose requested, but that the City not oommit itself to purohasing suoh an atlas until the YP+.ume is oompleted and it is known whether same would be of.any value to the City and what it will cost. Mr. Hall seconded the motion, and on roll call, the vote was unanimous and .the motion was declared carried. Notifioation was read from C.Y.Byrd to the effeot that he ~d been successful in having County taxes oancell- ed for 1937 and 1938, on Blook 52, but advising that the :1223 COUNCIL CHAMBER - May 22, 1939 . City was liable for the 1935 taxes, since same had been assessed prior to the time the City acquired title to the property. It was accordingly moved by Mr. Miller, seconded by Mr. Hall and unanimously oarried, on roll call, that the Clerk pay the lQ35 taxes amounting to $101.32. The time having arrived for hearing of complaints against the contemplated improvement of Laing Street, Mr. W. J. Enright and R. S. Watt presented their objections, in person, also the written objections of Mrs. C. M. Osborn, M. J. Hayes, and the Higley heirs. Mr. Enright's chief objection was to being asked to pay for something he preferr- ed not to have as he considered it would destroy the natural beauty and contour of the road. He considered, also, that some allowance should be made to property owners abutting on the portion of street already rocked, which had been done at the expense of these property owners. He said he would be agreeable to having the road scarified and re~orked if he was required to pay only the additional expense. After considerable discussion it was finally moved by Mr. Hall that said improvement be modified making same a repair job only, to a width of fifteen feet, standard finish, on the section previously rocked; and a new road to a width of fifteen feet where no paving now exists, said improvement to be assessed according to the cost of rightway on the property partioular- ly abutting thereon. Mr. Miller seconded the motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego .yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, The motion carried. .. , , . The Clerk was authorized to order, for the Lifeguard, two wooden torpedo buoys for use in the ocean. A lengthy communication signed by members of the Civic Betterment Cpmmittee and Lion's Club, was read, in which some nine or ten recommendations were made to the Counoil for beautification and improvement of the pavillion and bathing beach. The Chairman of the Parks Committee stated considerable beautification, for the beach, had been. . planned and was included in the W.P.A. projeot to be started shortly; and at that time these reoommendations would be oonsidered and complied with as far as possible. It was further moved by Mr. Hall that the appreoia- tion of the Counoil be expressed to the Lion's Club for its interest and helpful suggestions along the lines of oivio betterment. Mr. Miller seoonded the motion, whioh carried unanimously on roll oall. Howard Cromer informed the members that the City- wide street projeot would be opened the following Monday and requested the instruotion of the Council as to where this work should be started and how he should proceed for :1224: COUNCIL CHAMBER - May 22, 1939 , "'. the first week or two to employ some forty men allotted to this projeot. No instruotion was given however. The following resolution was presented by the Clerk: RESOLUTION.287 BOOK 4 APPROVING A PROPOSED LETTER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE SUBSTIT1IITION OF SAID COMPANY'S REVISED AND SIMPLIFIED "S" TYPE STREET LIGHTING RATE SCHEDULES FOR AND IN LIEU OF THE srREET LIGHTING RATE SCtl]!;l)ULES NOW CONTAINED IN THAT CERTAIN STREET LIGHTING AGREEMENT NOW IN EFFECT BE'l'w.l!:~ THE CITY AND SAID COMPANY, DATED THE 13TH DAY OF SEPTEMBER, 1937, AND SETTING OUT THE TERMS AND CONDITIONS UNDER WHICH THE FOREGOING SHALL BE EFFECTED; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND' ON BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE AND ENTER INTO THE SAID PRoPOSED LETTER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. r 1 I I ',- Mr. Senior, of the Florida Power & Light Company, informed the Council that said resolution merely abolished the gross oharges, and inasmuoh as same did not otherwise a~fect the City's present contract or rate schedules, it was moved by Mr. Bradshaw, seconded by Mr. Miller, and on roll oall,unanimously carried that Resolution 287 be adopted. Mr. Crego reported, also, that Mrs. Jaoob Davis had requested that something be done with the pine trees grow- ing on the City Street on the Dixie Highway, Block 109. She oomplained that nothing would grow under them and tha t the sidewalk was bulged and broken and in dangerous oondit- ion due to the expanding roots. She reoommended that they be removed. It was moved by Mr. Miller that this matter be referred to the Street Committee, which motion reoeived no seoond. I I " ~ , -~ I I I . ~ :~ . 1(, :;1 \'1 ~ :1 j '~; ~ " . .f; '""t~ ~ l ]; t~ Mr. J. M. Cromar requested that the Council do J something to take care of the drainage in the first Block; North of Atlantio, on N.E.Fifth Avenue, stating that due'H, to a low spot in the street, it was flooded during rains. l! He said the street could not be raised, and therefOre suggest:.-; edthat a drain and dry well be installed. After discussing ~ various solutions, it was moved by Mr. Miller that the .~ oomplaint be referred to the Street Committee. Mr. Bradshaw .~ seoonded the motion, and on roll call, it oarried unanimously;1 {j . 0~ The Chairman of the Sanitary Committee reported having investigated the Simon roof, previously oomplained of as a mosquito-breeding menace, and that, although water did stand on the top of the building, yet he would not oonsider it a breeding place for mosquitoes. He said it was one of the latest type Barrett roofs built to hold water. ~ :1225. COUNCIL CHAMBER - May 22, 1939 The following resolution was submitted by Mr. Nowlin and read: RF.SOLUTTON 285 BOOK 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH ,AUTHORIZING THE SETTLEMENT OF THE CASE OF Atl'UiUR MISEROCCHI VS. CITY OF DELRAY BEACH, AND AUTHORIZING THE CITY ATTORNEYS TO TAKE APPROPRIATE ACTION TO EFFECT SUCH SETTLEMENT. ( ~ and on motion of Mr. Hall, seconded by Mr. Bradshaw, was adopted by unanimous vote. The Council was advised by the City Attorney that Tom Cook and the Citizens Advisory Committee had both been notified by the Bondholders Committee that it was opposed to two of the proposed oharter amendments, viz. Seotions 93 and 107, relating to the sale ot tax sale oertifioates, by the City, at less than faoe value, and in view of these ob~ jections it was advised by Mr. Nowlin that the wishes of the Bondholders be complied with. It was accordingly moved by Mr. Crego that the following resolution be adopted. " miSOLUTION 285 ROOK" <I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, INSTRUCTING THE CITY ATTORNEYS TO CHANGE THE PROPOSED ACT AMENDING THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY OMITTING THEREFROM SECTIONS 93 and 107. Mr. Bradshaw seoonded the'motion which, on roll oall, oarril!d unanimously. It was moved by Mr. Crego, se~onded by Mr. Bradshaw and unanimously carried that bills numpered 4242 to 4287, having been O.K'd by the Finance Committee, be returned to the Counoil and ordered paid. The Fire Chief was instructed to proceed to have various dilapidated structure. tormdown around town, after due legal notioe is 'given to property owners. (~-,~ ;-'.'.'; ,"..,~ Mr. Hall reported that owners of new homes in Lake-. }~;J View Heights had requested that they be furnished with a 'f1're;;;ii' ~~~~~~tAve~~e W:~d t~~~~~: ~:;e~r~r:~~id a~.~e t~~~:e~e:r. N.W.<f"'\i residents. The Fire Chief and Mr. Baker were instruoted to" 1.226 COUNCIL CHAMBER - May 22, 1939 r~ I investigate and report back to the Council as to the most desirable looation and the approximate cost of making this extension. ) It was also recommended, by Mr. Hall, that the great- er portion of the wall be removed around the City g~rages and Fire Station, as he said the entrance was entirely too small and would result in the fire truok getting smashed ....~'.. up some time, and that the walled-in area only served as a ~ catch-all for ,junk. He !!,ocordingly moved that the"wa.ll be A removed and the yard resurfaced and oiled. Mr. Bradshaw seconded the motion, whioh on roll call carried unanimously. Mr. Hall drew the Council's attention to the matter of broken sidewalk from Atlantio AVenue North to the Delray Theatre, which he said owners had agreed to reoonstruot after Tourist season was over. He stated the sidewalk North of the Theatre also needed to be rebuilt. He recommended ... that Howard Cromer get in touoh with Mrs. Burd and Mr. .:':~~ Wuepper and arrange to have this work done as soon as possib1~1~~ A bad spot in the new paving on Atlantic Avenue in front of the Delray Drug Company was oomplained of and inasmuoh as the owner had paid for this new sidewalk about year ago, it was Moved by Mr. Miller that it be fixed and put into satisfactory condition at the City's expense. Mr. Bradshaw seconded the motion, whioh carried unanimously. on roll call. ~. I .' ~ ?u /1/ A1 J. !J. fYmf City lerk There being no further. business to oome before the members, it was regularly moved, see onded and oarried that. Counoil Adjourn. \ , APPROVED: @))JL~ Mayor r. , \ , t~ v