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03-14-38 Regular 879 COUNCIL CIIAMBER March 14, 1938 The Council met in regular session at7:30 P.M. with the City Attorney, and following members present: Mr. Gwynn, Mr. Hall, Mr. Hill anq Mr. Wodischek. Mr. Foote was absent. Chairman Hill presided. The minutes of the regular meeting of Febr- uary 28th and the special meeting of March 7th were approved as read. r .,. I A letter was read from Milton-Myers Post commending the Police Department for its work in the forming of the School Patrol, and offering assistance of Legion members, at any time, should need arise. On motion of Mr. Hall, the Clerk was instructed to reply, thanking the Post for its offer of assistance in time of emergency. The motion was seconded by Mr. Wodischek and unanimously carried. A reply from the Fourth Assistant Postmaster General was read, promising to install additional boxes at the local office in the near future. The letter was ordered filed. A communication was read from C.A.B. Z60k agreeing to repair City sidewalk broken by trucks, in the removal of palms from his nursery, but requesting that these repairs be deferred until after the tourist season. The Council consented to the work being postponed until then. It was recom- mended that, some time in the near future, this section of sidewalk be raised to the crown of the road in order to eliminate the recurrent nuisance of standing water during rainy weather. A request from Mack Johnson, living on Lot 26 Block 12, Colored Town asking that a street light be installed in said locality and a line . provided to enable colored people\to have electricity installed in their homes, was reaa. This request was referred to the Light Committee and Mr. E.C. Hall for investigations and recommendation back to the Council. . The following request for construction of sidewalk was presented and read by the Clerk. " " 880 COUNCIL CHAMBER - March 14, 1938 March l2, 1938 To the Honorable City Council of, Delray Beach, Florida I, C.E. Britton, petition for construction of a cement sidewalk, the width of one on opposite side of street City specifications and grade along Westerly line of Lot 1 Block 85, being the East side of S.E. Second Avenue, running 110 feet from Atlantic Avenue in Southerly dire~tion. Said construction to be completed before any improvements are made in pavement on said section of S.E. Second Avenue. I agree to pay the City of Delray Beach for said sidewalk when completed not in excess of $1.00) one dollar per lineal foot. C.E. Britton Howard Cromer said Mr. Britton had requested the sidewalk to be laid for a width of 6'3", but the Council considered this would take up too muph right-of-way. It was finally moved by Mr. Hall that said sidewalk be constructed five feet wide at a price of $1.00 per lineal foot, for a distanoe of 110 feet Southerly from Atlantic Avenue, the cost of such construction to be deposited in escrow and paid upon satisfactory completion of said work. Mr. Gwynn seconded the motion which was carried unanimously, on roll call. It was reported, complaint had been made regarding the hedge planted on Second Avenue by Mr. O'Neal, which hedge was fifteen feet out in the street right-of-way, it was stated. It was recommended that Asst. Supt. Cromer have Mr. O'Neal move same the required distance back from the street line. It was recommended by Councilman Hall that "stop" signs be placed at intersection of Second Avenue and alley at the rear of the Bon Air Hotel. >( A letter from R.E. Turpin protesting any move to place Vista Del Mar subdivision within the apartment house district, in the drawing of the new zoning ordinance was presented, and read, and it was suggested that this protest be included with other notes and recommendations as to zoning. After further discussion of the zoning ordinance it 38:1 COUNCIL ClUU[BER - March 14, 1938 . -" was moved, seconded and carried that an adjourned meeting of the Council be held at 7:00 P.M. Wed- nesday. Aprilf7th for the purpose of placing said ordinance, wit~ its incorporated amendments, on its first reading. ) --- A letter from The Leadite Company, acknowledg- ing order, through the McWane Cast Iron Pipe Com- pany for 3000 Ibs. of Leadite for the City, was read, in which they asked shipping instructions. The freight rate, by Merchants & Miners Transport- ation Company, of 97~ per 100 pounds, was considered high by members of the Council, and the matter was referred to Mr. Wodischek, who agreed to ascertain what the freight rate would be by rai~. Correspondence to and from the City Attorney, the Mayor, and Mr. Mittendorf in regard to arranging a meeting between the Bondholders and the City Council, and submitting a revised proposition, as a basis for refunding negotiations, was read by the Clerk, and discussed by the Council. The City Attorney stated he had received requests from The Committee for census data and other information, and for this reason it was assumed that the Bondholders Committee intended to re-submit a tentative pro- position of some kind in the near future. Therefore it was determined to await further developments. The following resolution was presentedi and read by the City Clerk: " " ( RESOLUTION 212 BOOK 4 RE~UESTING AND AUTHORIZING FLORIDA POWER & LIGHT COMPANY TO INSTALL 1-100 CP SUSPENSION TYPE COMPANY-OWNED STREET LIGHT AT THE CITY'S EXPENSE ON S.E. FIRST AVENUE, BETWEEN ATLANTIC AND FIRST STREET, ,IN THE CITY OF DELRAY BEACH, FLORIDA, AND, THEREAFTER SERVE THE SAME IN ACCORDANCE WITH THE TERYB AND CONDITIONS OF THAT CERTAIN MUNICIPAL STREET LIGHTING AGREEMENT NOW IN EFFECT BETWEEN SAID COMPANY AND THE CITY OF DELRAY BEACH, FLORIDA, DATED THE l3th DAY OF SEPTEMBER. 1937; AUTHORIZING 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 FLORIDA POWER & LIGHT COMPANY AS WRITTEN NOTICE TO INSTALL THE ABOVE DESCRIBED STREET LIGHT AND THEREAFTER SERVE THE SAME UNDER THE SAID MUNICIPAL STREET LIGHTING AGREEMENT. COUNCIL CHAMBER - March 14th, T938 882 It was moved by Mr. Gwynn, seconded by Mr. WOdischek, and unanimously carried, that said resolution number 212, be adopted. The following ordinance was presented and, on motion of Mr. WOdischek, seconded by Mr. Gwynn, and unanimously carried, placed on its second reading: pRDlNANCE 211, BOOK 4 AN ORDINANCE OF THE CITY OF DELRItY BEACH" FLORIDA, PROHIBITING VAGRANTS WITHIN THE CITY LIMITS, DEFINING WHO SHALL BE DEEMED VAGRANTS, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. . Mr. Jacobs raised a question regarding the penalty reature of same, stating the hundred dollar fine was inconsistent with the alternative 3D-day jail sentence, and recommended that the maximum jail sentence be changed to sixty days, instead of thirty. It was accordingly moved by Mr.Wodischek, that the ordinance, amended to read sixty days be adopted on its second reading and final passage. Mr. Hall seconded the motion, which on roll call, carried unanimously. The Building Inspector presented building permit application of w.ml Wheatley for residence and garage on Lot 3 Wheatley's Subdivision. The construction, as requested, would place his garage, of portecochere type, within one foot of the East lot line, which lot, it was stated, was only 50 feet wide and 95 feet deep. After discussion, the members were or the opinion that three feet clearance was the very minimum that should be permitted, and recommended that, to comply with this requirement, Mr. Wheatley cut one foot off the width of his proposed garage and move same over one foot West of site as shown on submitted plans. The Clerk asked the Council's advice re- garding charge to Briny Breeze Trailer C mp for service of Fire Department in aswering ffre call She reported the Fire Chief estimated the cost ,.", or same to be $13.00 but that she had billed Mr. Miller tor $50.00 and asked if same was not too high. The matter was discussed, but the Counoil considered fifty dollars a reasonable charge rOr such service, and said same should be colleoted. The Clerk was instructed to turn bill over to the Fire Chief and have him collect same. "I' 883 COUNCIL CHAMBER - March 14, 1936 Mr. Hall asked the Council's advice as to hauling of trash accumulated from the grubbing and cleaning of lots, stating Mr. Baker could haul same, for a price of approximately fi~ty cents a load. This coat was agreed upon ~.oasis of charges for such work. 1'1" The Chairman of the Sanitary Department stated many people who clean vacant properties are reluctant to risk burning the accumulated trash and would like to be able to call on the City to do this for them. The Fire Chief did not have time, himself, to do such burning, he said, but knew of a reliable negro who could be hired for such work, and same would probably cost the City not over two or three dollars a month, he thought. It was 8cnordingly moved by Mr. Gwynn that the Chairman of the Sanitation Committee be instructed to confer with the Fire Chief, author- izing him to hire said colored man to Durn such accumulations of trash. Mr. Wodischek seconded the motion, which carried unanimously. I 1 " Howard Cromer reported the W.P.A. clean- up project, last submitted, had been returned from the Jacksonville office on the grounds that same was a maintenance project. Such applications were not being accepted any more by the F.W.P.A. Office he said, but if the City would put in a sufficient amount for the planting of trees and shrubbery, so that same could be considered as a beautifioation project, it would go through. He said if the City would agree to spend approximately $400.00, the F.W.P.A. would match same with $2000.00 worth Of labor--but that the Government would buy no shrubs or foliage. Various types of trees and shrubbery, suitable for such beautification, were discussed, after which it was moved by Mr. Hall that Mr. Cromer be autho,rized to go ahead and attempt to have a project approved on the basis thus outlined. Mr. Wodischek seoonded the motion, and on roll call the vote was as follows: Mr. Gwynn yes, Mr Hall yes, Mr. Hill yes, Mr. Wodischek yes. The motion car,ried. The following ordinance was presented by the City Attorney and, upon motion of Mr. Wod- ischek, seconded by Mr. Gwynn, and unani~ously carried, placed on its fi~st reading. ~--' ',". " , , f~; r' " " ! , , ,~ 884 COUNCIL CHAMBER - March 14, 1938 ORDINANCE 213 ~ ~ AN ORDINANCE OF THE CITY OF DEIRAY BEACH, FLORIDA, CLOSING, VACATING AND DISCONTINUING GARDNER AVEmJE AS THE SA.1v!E WAS PLATTED ON THE PLAT OF ASBURY PARK ADDITION ON FEBRUARY 19, 1915. BOOK 4 The ordinance having been read in full, it was moved by y~. WOdischek, seconded by 1~. Gwynn and unanimously carried, that same be passed on its first reading. Mr. Hall asked the Council's authority in regard to enforcement of sanitary regulations, recently established, and it waE recommended that these be enforced under Mr. Baker's jurisdiction. The practice of the Palms Service Station, in greasing and waShing cars, of allowing the dirty water to drain into the street in front of the restaurant and theatre, was discussed, and Mr. Hall asked specific instruction of the Council regarding this particular complaint. The Chair recommended that the matter be referred to Mr. Baker to see what kind of an arrangement can be made to take care of the situation and that Mr. Lang be then notified that he must comply with such requirements. J.R. McFeefenquired as to collection of license from outside bakery trucks, delivering in town, ,asking why the City did not colleot fr,om them, as it did local bakeries. The City Attorney explained that Senate Bill 917, passed at last Legislature prevented the City from collecting license from such wholesale trucks, which represented companies who had paid County and City licenses in the Counties and municipalities where they are located. The Chief of Police was instructed to collect a $5.00 license on lucky jars, marble boards and such li~e, owned by local merchants. Mr. Wodischek brought up the matter of purchasing police vehicles. Mr. Hall said it was a matter of policy with all municipalities to own their own pOlice vehicles and transport- ation, and if Delray was disposed to do likewise, he recommended the purchase of Alfred Nelson's Motorcycle and Roy Baker's car. The car could be purchased for 1700.00 and the motorcycle for . 885 COUNCIL ClUU[BER - March 14, 1938 $400.00, he Baid, with a ninety days' guarantee against mechanical defects, which the men had agreed to be personally responsible for. This matter was descussed, but, on recommendation of Mr. Hill, deferred until Wednesday night for further consideration. '\' Mr. Hall ms<<e certain recommendations in regard to clearing up the City's dump, and further suggested that additional land be acquired for enlargement and future location of a reduction disposal plant. Upon further enquiry, the City AttJrney advised that acreage, suitable for a new dump ground and future garbage disposal needs could be acquired by tax foreclosures within sixty to ninety days, whereupon Mr. Hall suggested that this be done. The desirability of acquiring land on the shores of Lake Ida for future water supply, and ten acres in Section 20 for enlargement of the City cemetery also was stressed. Thereupon, the desired locations were selected, and upon motion of Mr. Wodischek, the City Attorney was authorized to commence fore- closure proceedings on certain parcels for the following purposes: " r~ ,> ~ Jl~ i~~ i ~~ 6 For Garbage Disposal Plant SWI SEt swt Section 17 - 10 N!; SEf SW~ :t "17 5 S" SE4 SWtc "17 5 acres " " MOdel Land 00. Joe Burks H.J. Sterling l' / For City Water Supply & Plant wi Lot 2 Section 8 - 10 acres Linton Realty CO. For Enlargement of City Cemetery Ei Lot 27 Section 20- lO acres Minnie Kahn ,. Mr. Hall seconded Mr. WOdischek'S motion, which on roll call, carried unanimously. Mr. Hall brought up the question of the Mun- icipal Judge's salary, stating same was absurdly small and moved that it be raised to $30.00 per month, effective as of lfurcholst. Mr. Wodischek seoonded the motion, and on roll call the vote was as follows: Mr. Hall yes, Mr. Hill yes, Mr. Wodisohek yes, Mr. Gwynn absent. The motion carried. It was moved by Mr. Wodischek that bills numbered 2797 to 2851 having been O.Ktd by the ) ~!. . 886 , ' COUNCIL CHAMBER - March 14, 193.8 Finance Committee, be returned to the Council, and ordered paid. It was regularly moved, seconded and carried that Council adjourn Until 7:00 P.M. Wednesday, March ltith. ~~.~ CYCler APPROVED Vice-~~~ncil f