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01-10-38 Regular , ~:' The Counoil met in regular session at 7:3~ P.M, with the city Attorney and following members present: Mr. Foote, Mr. Gwynn, Mr. Hall, Mr. Hill and Mr. Wodischek. II Hi ~ ::~ I'il r " i I , " The resignation of M.D. Morris-as Chief- I j of-Polioe, submitted and read by the Clerk, was i i,~ acoepted and ordered filed. ; i f A communioation was read from John W. BEls,J.1 j Swimming Instruotor, Offering to supervise sports it, ' and swimming activities at the Munioipal pool, in ;r, return for the privilege of giving swimming lesson~l ! there. Melbers of the Council expressed themselves! II to the effect that inasmuoh as the present instruotQr was well liked and was giving satisfaotion and mak-H., ing only a mo.erate oharge for swimming insy~uotions~ they were of the opinion that it would be undesir- il! able to make any change at the present time. The ,I Clerk was instruoted, by motion of Mr. Hall, seoond~ by Mr. Hill, and unanimously carried, to notify Mr.ll Best that the pofition was not open. ! I Mr. V.C. Rousseau, Engineer, presented a'; '.1'. plat of a subdivision being developed on the Beaoh L" by Mr. H.H. Wellinbrink, and asked the Counoil's ! approval of same. Objection was raised to the plat i " " because only thirty foot streets had been laid out.; I instead of fifty foot as required by City Ordinanoe.i Considerable disoussion ensued in which thedevelop~ I ~ ers contended that other plats had been approved 'II which did not oomply'as to streets, and that it was; I ; not feasible, in the present instanoe, to make I' , allowanoe for wider than thirty foot streets, and ' still- utilize the property to advantage. '1 ! ~ The Counoil agreed that thirty foot stred~sl in " the P:rEl ~en~" oa!lEl, seElme.d,!l.!!!.plEl,J:n.l,'\i'i.!Jl,ell).Aers,,'Wer;El.i,t~ sQPposedto approving a plat whioh'direotly violatied the provisiOns of the ordinanoe. In order to"meet: h suoh exoeptional oases. it was reoommended by Mr. (I ' Hall" that the Counoil pass an emergenoy ordinanoe : i l modifying Seotion ,4 of the Ordinance shown on page:1l31 of Ordinanoe Be ok 2, and, ,~OCOrdinglY ,thelamending ; i"l ordinance was plaoed on itsfirst reading; H ' .. i COUNCIL CHAMBER , '); January 10, 1936 The minutes of the Counoil meeting of January 13ra were approved as read. i I , "~"''''.''''1'''~ ).- COUNCIL CHAMBER -January 10. 1936 ;'1 MRGENCY ORDINAN~r ~Q( BOOK 4 AN ORDINANCE AMENDING SECTION FOUR OF AN ORDINANCE "REGULATING THE PLATTING AND SUB- DIVIDING OF LAND IN THE CITY OF bELRAY BEACH, FLORIDA, AND THE rILING OF PLATS THEREOF"; SAID ORDINANCE PASSED FEB- RUARY 9, 1925; AND DECLARING AN EMERGENCY TO EXIST. :, It was moved by Mr. Hall, seconded by Mr. Gwynn, and on roll call, unanimously oarried that the ordinance be passed on its first reading. An emergency having been declared to exist, the or- dinance was plaoed on its second reading, and having been read in full, it was moved by Mr. Gwynn, seoonded by Mr. Wodischek, and on roll oall, unanimously carried, that the ordinance be adopted on its second reading and final passage. It was further moved by Mr. Wodischek that plat of the N 3/4 of Blooks 145, 154 and 152 submitted by Mr. Wellinbrink be tentatively approved after proper dedioations are made. Mr. Hall seoonded the motion and on roll oall the vote was unanimous and the motion was declared oarried. Mr. Wellinbrink was given to understand that the> plat would reoeive final approval, when oompleted, if it conformed with the blue print submitted and provided for the neoessary dedications. The Mayor then submitted his reoommend- ation of A.F. Nelson for Chief of polioe, suoh appointment to be subjeot to the will of the Counoil, as in the oase of other {City employees. It was moved by Mr. Gwynn that the reoommendation be approved and oonfirmed and that Mr. Nelson be appointed to said offioe. Mr. Wodisohek seoonded the motion, and on roll oall the vote was as follows: Mr. Foote yes, Mr. Gwynn ye~, Mr. Hall yes, Mr. Hill yes and Mr. Wodisohek yes. The motion oarried. The reoommendation of the Fire Chief that John Geegory be reappointed as Fire Department engineer, mechanio and maintenano~n and the reappointment by Mr. Baker of Paul Nicolls as his aSfjis'liap,t, wafj, bYIllotion ofMr . Gwynn ""s@qoIl,4f:l,d,,,b~",,,,, Mr. Hill, and oarried unanimously on roll oall, ,~' approved. 0\',: " :J , , In the naming of the City Attorney, it was moved by Mr. Hall that C.Y. Byr4 be appointed in this capaoity, A,nd Mr. Wodisohek seconded the motion. Mr. Bradshaw addressed the meeting atthls point requesting ~ea>>ing, in exeoutive session, 4.;.' ..^.:.._....~~,""il....:~ 83'1 COUNCIL CHAMBER - January 10, 1936 :'1, of the Council and Mr. Byrd before the appointment of the City Attorney was finally oonfirmed. Mr. Byrd ffKed the Council to allow Mr. Bradshaw this privilege, and it was aooordingly moved by Mr.' Gwynn that the request be granted. Mr. Hall was unfavorable to such aotion by the Council but in- asmuoh as Mr. Byrd recommended it, he said he was agreeable to same, and therefore seconded Mr. Gwynn's motion, whioh on roll oall, carried unanim- ously. '.; It was moved by Mr. Wodisohek that Mr. C.W. Hill be appointed Vice-Mayor to serve in oase of inability or the absenoe from the City, of Mayor Foote. Mr. Hall seoonded the motion whioh carried unanimously. It was further moved by Mr. WOdisohek, seconded by Mr. Gwynn and unanimously oarriedthat resolutionS be adopted as follows designating City depositories and authorizing signatures for the withdrawal of City funds. RESOLVED THAT Florida state Bank of Delray Beach, Florida, be and the same hereby is designated as a depository of City of Delray Beach, Florida; and BE IT FURTHER RESOLVED that all cheoks, drafts or other orders for the withdrawal of money, be signed by the two following authorized signatures; MAE W. CRAMP. City Treasurer and E.B. FOOTE, Mayor, or in the absence of the Mayor from the City . or his inability to sign,then in his, stead such oheoks, drafts or other orders for the withdrawal of money, shall be signed by C.W. HILL, Vioe Mayor, and the official seal of said City of Delray Beaoh, Florida, to be affixed to all ohecks; and BE IT FURTHER RESOLVED that the City Clerk and the City Treasurer, MAE W. CRAMP, is hereby authorized to keep striot account andoheokon.,all securities plaoed intrtlst in"'loe1l;'b6xes"'tOl" the 'seourity' Of"City"de'pos:l;t'S"''''''"' ,...., :.... . .... .... '. ". . .'. . _. . ,. t and is authoriZed as agent for the City of pelray Beaoh, Florida, to exeoute reoeipts and make accountings on said trust seourities; and to deal with said bank from time to time as she may be instruoted by the City Council of thELCity of Delray Beach, Florida. ....... -'''-''''._'''-~--'''-'838"' COUNCIL CHAMBER - January 10. 1938 " RESOLVED That The Wast Palm Beaoh Atlantic National Bank of West Palm Beaoh, Florida, be and the same hereby is desig- nated as a depository of the city of Delray Beach, Floridaj and BE IT FURTHER RESOLVED that all checks, drafts or other orders for the withdrawal of money, be signed by the two following authorized signatures; MAE W. CRAMP, City TreaEurer and E.B. FOOTE, Mayor or in the absence of the Mayor from the City or his inability to sign, then in his stead suoh checks, drafts or other orders for the withdrawal of money, shall be signed by C.W. HILL, Vice Mayor, and the official seal of said City of Delray Beach, Florida, to be affixed to all checks; and ! I 1 I I I , I >, BE IT FURTHER RESOLVED that the City Clerk and the City Treasurer, MAE W. CRAMP, is hereby authorized ,to keep strict aooount and check on all securities placed in trust in look boxes for the seourity of, Oity depos- its, and is authorized as agent for the City of Delray Beaoh, Florida, to exeoute receipts and make aocountings on said trust securitiesj and to deal with said bank from time to time as she may be instruoted by the City Council of the City of Delray Beach, Florida. The new Polioe Chief, A.F. Nelson, re- oommended Roy Baker as assistant polioe for the present time, stating he had no other recommendation to make just yet. This reco~endation was oonfirmed by the Mayor, and on motion of Mr. Gwynn, seconded by Mr. Wodischek and unanimously carried, Mr. Baker was appointed to serve under Mr. Nelson's super- vision. Mr. Hall brought up the matter of oom- pen8tion in connection with reoent injury sustained, in line of duty, by M.D. Morris, the retiring police Chief. The Mayor stated Mr. Morris was entitled to .!lP!ll::Pl!IO'Mtj..()P,...,~t,g"p,~;)!M".al)le, ,tqg9 t9 wg:r:'l$:;,._,,,;,~~~tA. under the present set-ip,theCity, as a self-'t; insurer was liable for a, specified amount in suoh' cases. It was therefore moved by Mr. Wodischek, seconded by Mr. Gwynn and unanimously ,carried that Mr. Morris be allowed oompensation in accord with soale provided by the Workmen's Oompensation statute. The Clerk was, ordered to write to Tallahassee for nedessary report blanks, to be filled out in conneot- ion with this injury. ',il,f !II ~ A > .~ . 'i , ...- ~. 839 ~.""'~"":"~":<'."..,".'?~~. . COUNOIL CHAMBER - January 10" 1938 This brought up the subjeot of liability insuranoe and Mr. Hall said he considered the risk too great to be borne by the City astself-insurer and was of the opinion that a liebi+ity policy should be oarried on city employees. He moved that the Finance Committee investigate as to oost of complete ooverage for all City employees whose work is in any way hazardous and make a report of same at next meeting, with recommendation as to ways and means' of financing the cost of suoh insurance. Mr. wod- ischek seoonded the motion, and on roll call, the vote was as follows: Mr. Foote yes, Mr. Gwynn yes. Mr. Hall yes, Mr. Hill yes and Mr. Wodischek yes. The motion carried. The Chairman of the Sanitary Committe~ reported that needed plumbing repairs at the Fire- men's Hall had been made, by his authority, and that bills for materials would come in for this work. It wasreoommended by Mr. Wodischek that additional swings be built on the beach and Mr. Hall , also suggested the installation or a children's sli de. In oonneotion with his department, the Mayor reported refleotor danger signs were being made i~the shop to be placed at dead-end streets running into the canal, which were hazardous to motorists on dark nights. He said ohanges in the oolored, jail were very muoh needed to prOVide fac~lities for both men and women prisoners. It was estimated that the iron grill oould be, removed and partitions substituted, providing three oells, eaoh wJ.th toilet and an " ; add1tionaltoilet added in the white jail at an out- lay of around $225.00, plus cost of the masonry work. It was moved by Mr. Gwynn, seoonded by Mr. Hill and unanimously oarried that the Mayor be authorized to have this work done, same to be paid for out of the General 'Fund. Mr. FOote also reported that some little equipment, reoommended by the Chief of Polioe, would b~P\lr91u;j;lEldiaI?-d '" tl1E1.t".a. ,Sys te!ll, of., daily"Poli-ce~'h' Reports which the department was installing would neoesaitate the printing of oards and blanks for this purpose. As no' changes were to be made in the salaries of City employees it was oonsidered unneoessary to pass new ordinances or resolutions governing same. 'i "<it 840 COUNCIL CHAMBER - January 10, 1938 ,I The need of cleaning vaoant lots in town was emphasized. This could be done and oharged to the property owners, a~oording to the charter, it was stated. All thought something of this kind should be done, in fairness to surrounding property owne~ who improved their properties and kept them in attraotive condition. It was reoommended that the Chairman of the Sanitation Committee, together with the City Engineer, make a survey of the City to determine what lots are most in need of cleaning. Before any clean-up program oould be enforced, it was pointed out that an enabling ordinance would have to be passed. The Mayor also reoommended improvements to be made in the yaoht basin. He said some small changes, at little expense, oould be made that would be of great benefit to boats wishing to tie up there. He recommended the driving of piling out for a dist- anoe of about forty feet from the rook wall, whioh would allow boats to baok or head in, thus aocommod- ating a greater number of boats than at present. As a pile driver would be in this vicinity next week he believed this work oould be done at a very low oost. It was therefore moved by Mr. Wodischek that the 'changes, as reoommended by Mr. Foote, be made, and that the Engineer and Chairman of the Street Com- mittee be authorized to have this work done. Mr. Gwynn seoonded the motion, and on roll oall, the vote was unanimous. The motion was carried. Mr. Foote reported that his attention had been called to the nee~of a street light outside the Post Offioe in order that the one-way street sign might be seen. ~is matter he left to the oon- sideration and disoretion of the Light Committee. The following ordinance was then presented and read. :~ ORDINANCE 205 , ~ BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH. FLORIDA, FOR THE CONTROL AND ELIMINATION OF MOSQUITOES WITHIN THE ' TERRITORIAL LIMITS OF THE CITY; AND PRESCRIBING PENALTIES FOR THE VIOLA- TION OF THE PROVISIONS OF THIS ORbINANCE. and having been read in full the seoond time, it was moved by Mr. Wodisohek that it be passed and adopted on its seoond reading. Mr. Hill seconded the motion, and on roll oall, the vmte was as follows: Mr. Foote yes, Mr. Gwynn yes, Mr. Hall y~ Mr. Hill yes, Mr. Wodisohe~yes. The motion was declared oarried. 841. " COUNCIL CHAMBER - January 10, 1938 Mr. Byrd reported that the Building Inspeotor had submitted a zoning ordinanoe to him a week previously for an opinion, and he said same was all regular in form but as to the legal points andpbases involved, it was impossible to say whether it was entirely oonsitutional or not; that it would be so considered until declared otherwise in Court. He returned same to the Council, reoommend- ing that it be not passed until the accompanying zoning plat is worked up and approved in detail. Mr. Foote stated this zoning ordinanoe was the same one the' City had been working on for a oouple of years, and that few essential changes had been made in the original a~assed on its first reading. except as to set-baoks on highly restricted property. and the incofporation of a provision governing cottage oourts and tourist oamp oonstruotion. It was moved by Mr. Wodischek that Howard Cromer be authorized to purchase neoessary tile at a price of $50.00 for oonstruotion of a sewer line at the Athletio Field projeot. Mr. Hill seoonded the motion, whioh on roll call, oarri~d unanimously. The aoting-Engineer also asked the counoil's instruotion regarding removal of fill in the street adjoining the zook Nursery, requesting authority of the Counoil to take out the marl and replaoe same with sand. Inasmuoh as Mr. Adams, representing the Nursery, had previously stated there, would be no objeotion to this, it was moved by Mr. Wodisohek that the Council give Mr. Cromer authority to remove what marl he requires and refill with sand. as requested. Mr. Gwynn seconded the motion, whioh carried unanimously, on roll oall. The following ordinance was then submitted and read in full by the City Clerk. j ,~ ~ I i~ t .~ :$ 'J: ~i ORDINANCE 206 BOOK 4 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FIXING THE SALARIES TO BE PAID THE MAYOR AND THE Ml!MBERS OF THE CITY COUNCIL; AND DE.. CLARING AN EMERGENCY TO EXIST; AND APPROPRIATING MONEY FOR THE PAYMENT OF SALARIES; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE, AND , PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT IMMEDIATELY. ~' J, 842 COUNCIL CHAMBER - January 10, 1938 Mr. Foote said he would not vote on the ordinanoe. counoilman Gwynn stated he oon- sidered it fair and that the Council had been underpaid in the past and moved the passage of the ordinance on its first reading. Mr. Wodischek seconded the motion, and on roll oall, the vote was as follows: Mr. Foote pass, Mr. Gwynn yes, Mr. Hall yes, Mr. Hill y~ Mr. Wodischek yes. The motion carried. An emergenoy being declared to exist, the ordinance was then read the second time in full. and it was moved by Mr. Gwynn that it be adopted on its seoond reading and final passage. Mr. Wodisohek seoonded the motion, and on roll oall the vote was as follows: Mr. Foote pass, Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Wodischek yes. The motion was declared oarried by a four-fifths vote. " The City Attorney reported that applioa- tion of M.S. & S.E. Burd for tax deed to lands lying East of the Ocean Boulevard had been withQ drawn upon refund to them of their money and acorued interest amo~nting to $9.05, which interest the City would be required to pay. He said the County Assessor would remove same from the roll so no future assessment of same would be made. Counoilman Hill said several,people had oomplained about the ditoh on the North side of Atlantio Avenue between the Canal and Andrews Street and the members considered this should either be filled in or a drain laid. After dis- cussion it was moved by Mr. Wodischek that the Chairman of the Street Committee be empowered to have the ditoh filled. Mr. Gwynn seoonded the motion and on roll oall it was carried unanimously. The Council room was then oleared, and in compliance with request made by Mr. Bra~shaw earlier in the meeting~ the members entered~nto a private disoussion of matters pertaining to appoint- ment of the City Attorney; after whioh Counoil regularly adjourned. 1;) r'~ ~: '. ,~. M " ,:: l! ~ ". '~r:PP oj (J.~ Ci't'y' ~rk ( APPROVED , -, 6Jra.~ President of Council Chamber I.