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11-13-39 Regular ,. """.......-:... 134f COUNCIL CHAMBER ~ November 13, 1939 , , The Council met in regular session at 7:30 P.M. with the City Attorney and all members of the Council present. ~ The minutes of the regular meeting of' October 23, and the special meetings of October 30, November 6 and November 9 were approved as read. An application from Robert Reagan for position as lifeguard was, by motion of MI'. Bradshaw, seconded by Mr. Miller and on roll call unanimously carried, ordered filed for future cons ideration. . A letter was read from the Lions Club, thanking' the City Council for its coopera t ion providing 1 ights for night diamond-ball. Letters were read from the W.P.A. Office, \kst Palm BeaCh, advising of the completion of ~roject 3567 "Widen and Rebuild Ocean Boulevard" and Project 4040 "Negro Recreational Park" and asking that the City execute formal acceptance of these projects and return same to the "f.P.A. Of rice for its records. It was aocord- ingly moved by Mr. Hall, seconded by MI'. Miller, and. unanimously carried, on roll call, that the City Clerk be au tho rized to exe cute the atta ched acceptances. ~! 1: 't' '. .,,--' A letter fram Thoa. W. Boykin, dr. was read, asking the City to take immediate action in having the properties North and South of his home cleared of wild gro\~h. Mr. Crego explained that the City Council couid not, arbitrarily, go in and clear private properties,' except by regular legal procedure, ;mich took time. He said, too, that during the recent rainy weather most of the property in question has been under water and it would therefore have been irnposs ible to do the requested work had he been authorized to do so. It was finally . j' suggested that the Clerk notify Mr. Boykin that the.Ca.tY""'''i''~ will take whatever action seems Possible just as soon as' ..... condi ti ons permi t. A communication was read from ,~. Mayer, represent- ing 225 feet frontage on the East side of Seventh Avenue, and asking that the Council withhold action in the con- struction of the sir'ewalk on said Avenue, stating t.hat the torn-up condi t10n of the street at this season of the .' .~,,-..--~..., '~.....,-.,.--- COUNCIL CHAJ\ffiER - November 13, 1939 1347 year, would seriously handicap property' oemers in the renting of their properties. Mr. Mayer, himself, was Dresent and stated that he had no objection to the side- ;"alk but to the construction of same just now at the beginning of the tourist season. He also recommended that property ovmers, on the./est side of the street, first be asked to donate five :feet, so that Seventh Avenue mi gh t be wi dene d and improve d in such a way as to eliminate standing '\Ster, which he said overf'lowed on his property at the present time. f Geo. Hollman, who had originally circulated the net it ion :for the sidewalk imnrovement was asked what the property owners desired. He~explained that it was at first thought that a private contract might be entered into, on a cash basis, and in that way have the work done cheaper than if the City cons tru cted it on the asses sment basis; but since he had been unable to get the cooperation of all concerne d 'le recommended that the City call for bids and proceed as soon as possible with the construction. Mr. Mayer asked permission to build his own portion of the l\Slk, accoriJing to City specif'ications, and was inf'ormed that all property owners would have that privilege, prior to th8 call ing for b ids by the City. Plans and specifications and estimate of' cost for sai d sidewalk improve ment was submi tted by the Ci ty Engin- eer,whereupon it was moved by Mr. Bradshaw that the plans and speci:fications be approved and the following es tima.:eEi of cost be accepted: ~, Nowember 13, 1939 TO 'IRE F11J!BER.S OF THE CITY COUNCIL: In accordance with your instructions, I submit herewith specif'ications f'or construct_ ion of sidewalk on the East s ide of S. E. Seventh Avenue fram Atlantic Avenue to S.E. Second Street. Below is the itemized cost for same: Construction costs Legal and advertising Engineering $ 1216.00 1l0.OO 50.00 $ 1376.00 Respectf'ully SUbmitted, Howard Cromer Acting City Engineer COUNCIL CFJlMBER - November 13, 1939 Mr. Hall se conded t he !'lotion, and on roll call, it was unanimously carried. It was :further moved by r.,rr. Bradsha'v that the following resolution be adopted: RESOLUTION 337 A RESOLU'I'ION OF 'I'm CITY COUNCIL OF THJ: CI'IY OF DELqAv m-:ACH, FLORIDA, ORDERING TH3 CON- STRUCTION OF CETlTAnr FUEL IC D'PROmm,TS. (Sidevmlk - E side of' 7th Avenue - Atlantic Avenue to 3.E. 2nd ST.) Mr. Crego 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. December 11th was the date set for hearing o:f complaints on the proposed il'lprovemeht. I A communication was received f'rom Oscar Sabin, stating he understood Mr. McLaren had been refunded 50% of the cost of side,~lk construction, in front of his residence, and enquiring if this sallE reduction had 'been given on the adjoining Sabin lots. The members agreed all assessed for this sidewalk, Should be given the,s aine consideration, and accordingly, on motion of Mr.Mig~r, seconded by Mr. Crego, and unanimously carried, it was voted that the Sabin assessment be reduced 50% like the McLaren and Deming sidewalk assessments. . City Engineer's report and assessment roll, ing $416.00, covering the clearing and grubbing of properties anvertised under Resolution 307, was s and it was moved by Mr. BradShaw that the Council said report of cost and assessment roll, and that be placed on file in the City Clerk's Office; the assessment roll be advertised once each week :for t,'JO consecutive weeks, together with notice to ,the ef:fect tha't assessment roll has been examined and approved by the City Council and that the City Council will sit to , heal' obje ctions to sElid assessment roll on J)ecember 11th.... 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. On motion regularly made, seconded and oarried the :following ordinance ,~s placed on its first reading: {o '-""""":'.';"-~?1:];7;,~ 1344f' "';,'d'.'" .'-." 1349 'f COUNCIL CHAMBER - November 13, 1939 ORDnVlliCE 338 AN ORDnI'\NCE OF THE CITY OF DELTlAY BEACH, FLORIDA, AM~'NDING AN ORDJNANCE CREATING A COMMISSION ON PL'(JJI,ffinIG IN TIE CI'!'Y OF DELRAY BEACH, FLORIDA, CFANGING ITS lIT]ffiERS FROM FIVE TO F01ffi. t Councilman Miller explained that he could not vote f'or the ori!inance inasmuch as he was opposed to Councilmen serving on any boards reSuiring technical knowledge. He was of the opinion that exal'1ination boards should be composed o~llBmbers having the specific know- ledge and training in the trades for lNhich applicant is being examined. The ordinance having been read in f'ull, the first til'1e, it was moved by l!r. Crego, that it be passed on its :first reading. Mr. Bradshaw seconded the motion, and on roll call, the vote 'M3S as follows: Mr. Bradshaw yes, Mr. CreCo yes, Mr. HAll yes, Mr. Hill yes, lfi.:r. Miller no. The motion carried. r ! U .- .,.. The Clerk presented a blanket resolution which the Florida Power & Light Company recommeTIrled that the City pass, to ~rovide :for the installation, f'ram time to time, o:f aeJditional street lights, changing location of' various street lights, authorizing payment of' costs in conne ction therewith &c. It was explained that the passage of' this ordinancA would obviate the necessity of'passing separate ordinances and going through so much red tape in each indivi dual instance, it only be ing nec- essary then that the City Clerk authorize the Po,~r Com~ pany, by letter, to make these changes and additions, as they are desired and ordered by the City Council. The City Attorney advised that he had examined the pro- posed resolution and approved of s aID8, ':ihereupon it WaS move d by Mr. Mille r th at same be adop te d as followa: ,. I L_~ RESOLUTIOU .339 AUTHORIZING THE CITY CLERK~ ,OF AND CN BEHALF OF THE CITY OF DEV,AY BEACH, FLORIDA, BY LETTER UNDER SEAL OF SAID CITY, TO REQ1JEST, DIRECT AND AUTHORIZE FLORIDA PO','lER & LIGHT COMPANY TO IN- STALL, CONNECT AND/OR SERVE ADDITIONAL STREET LIGHTS; TO CHANGE THE LOCATION OF CERTAIN STREET LIGHTS AND TO AUTHORIZE PAYMENT BV THE CITY IN CONNECTION THERE':VITH, AND INCREASE THE CANDLE- PO',,\IER OF CERTAIN STREET LIGHTS, ALL IN ACCORDANCE WITH SECTIONS 2,3 and 4 OF ARTICLE I AND SECTION 5 of ARTICLE II OF THAT CERTAIN MUNICIPAL STREET LIGHTING AGREEI'lENT NOW nI EFFECT BET"IEEN THE CTI'Y AND SAID COMPANY DATED THE 13TH DAY OF SEPTEl\ffiER .;,-w.. 1350 il.n....' " Ii > COUNCIL CK~ffiER - November 13, 1939 RESOLUTION 339 (cont'd) 1937, SUPPLEMflTTARY AND SUPPLEMENTAL AGREE1'1ENTS THERETO, AND AUTHORIznm AND DIRECTING THE CITY CLERK, OF AND ON BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA, TO DELIVER A CERTIFIED COPY OF THIS RESOLUTION TO FLO'RIDA POWER & LIGHT COMPANY. Mr. Grego seconded Mr. Miller's motion and, on roll call, the vote ,~s as follows: Mr. Bradshaw yes, lIT. Crego yes, Mr. Hall yes, Hr. Hill yes, lIT. Mille ryes. The mot ion carrie d. The f'ollowing letter from the Florida P01lBr & Light Company, addressed to L.S. Wilson, manager of the Golf Course, W'iS read, but no action taken. , ;;-;,r ( FLO RIDA PO'!iER & LIGHr COMPANY Delray Beach, Florina November 3, 1939 aity of Delray BeaCh Delray BeaCh, Florida ru Gentlemen: c(','.',"; ~ ,," Attention: Mr. L.S. Wilson, Manager Del ray Beach Gol f Course In' accordance with the terms of' rate schedule number X-9 which is a part of the agreement bet1lBen us, dated the 28th day of August, 1939, under the head- ing "On-Peak Hours", this is to advise that during the months of December, danuary,February, and March the hours f'rom 4:00 P.M. to 10:00 P.M. of each day are hereby designated by us as the "On-Peak Hours. " The use of' the pumping service bet\~en these hours will increase the demand charge in accordance with the terms of our contract. Very truly yours, FLORIDAPOWER & LIGHT COIIPANY Is/ Charles Senior Manager li- , Mr. Geo. Boughton appeared at the meeting, stating that L.D. Lenn, passengerrepresen5ative agent of the Seaboard Air Line Railway had recently contacted him with a view to persuading the Toledo Ball team to come to Delray to train this Spring and