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04-11-38 Regular ;:JUt.. COUNCIL CHAMBER April 11, 1938 The Council met in regular session at 7:30 P.M. with the City Attorney and following members present: Mr. Gwynn, Mr. Hall, Mr. Hill and Mr. Wodischek. Vice-Mayor Hill presided. The minutes of the meeting of Maroh 28th were approved as read. The following resolution was then presented by Mr. WOdisohek, who moved its adoption. .. RESOLUTION APPOINTING AND ELECTING A.L. MILLER MEMBER OF THE CITY COUNCIL. WHEREAS, The Honorable E.B. FOOTE, Mayor, and member of the City Counoil of the City of Delray Beaoh, Flori<<a, did deliver his written resig- nation as Mayor and as a member of the City Counoil at the regular meeting of the City Counoil held on Maroh 28, 1938; and WHEREAS, the City Council did accept said resig- nation and declare the office of Mayor and .the office of City Counoilman in Class "A" to be vaoant, and WHER~~S, the members of the City Counoil have unanimously agreed that A.L. MILLER, a duly qualified eleoJor of the City of Delray Beach is a suitable person to be appointed and eleoted as a member of the City Counoil and has so been ohosen by the unanimous vote of the four remaining members of the City Counoil; Now, THEREFORE, Be it Resolved by the City Counoil of the City of Delray Beaoh, Florida: SECTION 1. That A.L. Miller be and he is here- by appointed and elected to the offioe of City Counoilman to fill the vaoanoy oaused by the resignation of former Counoilman E.B. Foote; and ~ "'; SECTION 2. That the said A.L. Miller shall hold e!fioe as City Councilman in Class "A" until the next general eleotion, and until his suooessor is duly elected and qualified. ~m COUNCIL CHAMBER - April 11,1938 Mr Gwynn seconded Mr. Wodischek's motion for adoption, which on roll call, oarried unanimously. Mr. Miller thereupon took his seat with the Counoil after being duly sworn in by the Clerk. It was moved by Mr. Hall that Mr. Hill be appointed to the Office of Mayor. Mr. Gwynn seoonded the motion, and on roll oall, the vote was as follows: Mr. Gwynn. ye s, Mr. Hall ye s, Mr. Hill Jlot voting, Mr. Miller zi6'tveUB8-LMr. Wodisohek yes. ...~e:T'\';"~ The motion oarried. ,'----_ __ _" <O<T"k"~ :.". -- "' ....;.....~ , Mr. Hill thanked his fellow members for the confidence manifested, in seleoting him as Mayor and Chairman of their body. It was further moved by Mr. Wodischek that Counoilman Gwynn be nominated to serve as Vice-Mayor for the unexpired term. Mr. Miller seoonded the motion, and on roll oall the vote was as follows: Mr. Gwynn not voting, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. The following letter from the Library Com- mittee was read by the Clerk: -,i , " ..-" Delray Beaoh, Fla. April 9, 1938 TO THE COUNCIL OF THE CITY OF DELRAY BEACH ; , ~ Gentlemen:- The Library committee appointed in Ootober to make a survey of the possibilities of estab~ lishing a Publio Library in the City wishes to report the fOllowing: It is the unanimous opinion of the committee that there is sufficient public interest in the project to build and equip a suitable modest type building that would meet the community's needs and in support of this opinion we respeotfully report. This Committee does not feel authorized to prooeed with the projeot until the Counoil approves the same, but as an indiclation of interest, voluntary cash donations have been made and are now in hand, totaling $1751.00. In addition we have received subscriptions and pledges amounting to $1020.00 without any solioitation. Total funds available $2771.00 . .\ ~un COUNCIL CHAMBER -April 11,1938 The oommittee has received offers of books for use in the library of approximately four thousand volumes. The committee has studied tentative'plans of a suitable simple building and begs to submit the attached plan which from preliminary estimates will cost about $3500. " It is our belief that active solicitation of funds will produce a fund of between six and seven thousand dollars and of this amount twelve hundred dollars will be required for equipment, cataloguing and supplies. Consideration has been given to several locations, but we feel that the city-owned property on S.E. 4th Avenue and south of Firemen's Hall is the most desirable looation to serve all the citizens and our estimate is based on the cost of the building alone, our understanding being that the council w~ll make this property available. The council in considering the project will of course give thought to ways and means, of pro- viding sufficient funds for maintenance, estimated by this oommittee to average between eighteen hundred and two thousand dollars annually. We are advised that the Laws of the State provide for the oolleotion of funds through taxes or service charges and also the appointmeny of a permanent Library Board. We suggest that pending the necessary formal action of the Council, a oommittee be appointed to make solicitations for funds if the oouncil approyes the library project. (Signed) J.L. Love Chairman I j; ~' { Mrs. Hand and Mrs. J.L. Brown, members of the Committee, were present and outlined its plans to the members, asking their approval and assuranoe that the Library Committee would receive the moral and financial support of the City Council. plans for ,a frame struoture approximately 20' x 40' were also presented for the Council's inspection. Council- man Hall recommended that a permanent Library Board be formed so that the City would have a duly canst'; .4! ituted body to deal with instead of the merely temporBry Library Committee which has functioned, so far. Mr., Miller said it first Seemed neoessary, to him, that the Council determine whether the City could maintain such a building, and if it was decided this oould be done, then that the Committee proceed with its drive for donations. Mr. Hall finally moved that the , ~l1 '. , ,"-- ~ , " COUNCIL CHAMBER - April 11,1938 ! Council appoint a Library Board consisting of five members. Upon the City Attorney's advice, however, this action was deferred until an adjourned meeting of the Council in order to ascertain the exaot pro- cedure necessary, under the general law, for the organization of suoh a board. \ " Chairman Hill expressed himself as favoring the establishment of a public library for the city, and stated the Council's desire was to cooperate to the fullest possible extent. Mr. Hall assured the ladies that the City would provide a lot for the library building and that it was the sentiment of the Council that the Library Committee was fully justified in going ahead with its solicitations drive. Mr. Gwynn suggested that the Committee get its plans into more concrete shape for presentation to the Council, and Mayor Hill agreed that the Council would go as far as it oould, as f~st as it oould. In the meantime, he said, an effort would be made to learn whether government or F.W.P.A. aid could be obtained in the furtherance of such a projeot, which information, he hoped, would be avail- able before the next meeting of the Council. r / / -'.' ':-- t L !; cf ;t 't ! J , " ."., ~U'l COUNCIL CHAMBER - April II, 1938 , ORDINANCE 216 BOOK 4_~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, RELATING .TO AND REGULATING, CONTROLLING AND GOVERNING THE ERECTION, CON- STRUCTION, LOCATION, SIZE AND USE OF BUILD- INGS AND STRUCTURES OF EVERY NATURE AND KIND, TO BE HEREAFTER BUILT OR ERECTED IN THE CITY OF DELRAY BEACH, FLORIDA, LIMITING AND REST- RICTING TO SPECIFIC DISTRljICTS, AND REGULAT- ING THEREIN, BUILDINGS AND STRUCTURES, ACCORD- ING TO THEIR CONSTRUCTION AND THE NATURE AND EXTENT OF THJ:IR USE, ARRANGEMENT OF BUILD- INGS AND STRUCTURES ON THE LOTS. REGULATING _ AND LIMITING THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED, AND REGULATING THE REPAIR AND ALTERATION OF BUILDINGS AND STRUCTURES, REGULATING AND DETERMINING THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES FOR, OR SURROUNDING BUILDINGS HEREAFTER ERECTED. REGULATING AND RESTRICTING THE LOCATION OF TRADES AND INDUSTRIES, -AND THE LOCATION OF BUILDINGS, DESIGNED FOR SPECIFIC USES, REGULATING THE DENSITY OF PUPULATION, ESTABLISHING THE BOUNDARIES OF DISTRICTS FOR SAID REGULATIONS AND LIMITATIONS, PROVIDING FOR THE ADMINISTRA- T!ON AND ENFORCEMENT OF THESE PROVISIONS. ESTABLISHING A BOARD OF ADJUSTMENT AND PROVID- ING PENALTIES FOR THE VIOLATIONS OF THESE PROVISIONS. ALL FOR THE. PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROBPERITY AND GENERAL WELFARE: TO LESSON THE DANGER FROM FIRE, CONGESTION AND CONFUSION, AND TO IMPROVE AND BEAUTIFY THE CITY OF DELRAY BEACH, FLORIDA. AND REPEALING ALL CONFLICTING ORDINANCES. . ( The ordinance, as amended, was read in full the second time by the Clerk and on motion of Mr. Wod- ischek, seconded by Mr. Hall, and on roll call, un- animously carried, adopted on its second reading and final passage. Liability and property damage on the City's fleet of trucks and vehicles was submitted by Bob Bostwick, agent for ~erican Fire and Casualty Com- , pany of Orlando. It Was moved by Mr. Wodisohek that. ... the City Clerk ask for bids from other oompanies, and that these be taken up and considered at next regular Council meeting. Howard Cromer, Asst. Supt., reported haVing investiSied the condition of the sidewalk which J.C. Smith ha equested the City to raise, in front of his prop rty, C~rner Atlantic and Seventh Avenues, ~u~ COUNCIL CHAMBER - April 11,1938 and that said walk was only slightly low at that point, now, but if the street was widened, as contem- plated, it would be necessary to raise same about three inohes. It was recommended that nothing be done to it at the present time, and the Clerk was authorized to return Mr. Smith's check which had been deposited with the City in partial payment of the requested work. . , i I I -J ~ A letter was read from J.B. Evans urging action of the Council in the enforcement of delinquent tax colleotions, stating that unless this was done a tax strike was probable. In reply Mr. Hall stated that there was ~lways the question of expendiency involved in such tax colleotion enforoement, but he wanted to go on record as saying that when delinquent taxes are once settled, that it shall then be the duty of the Council to prevent these from becoming delin- quent in the future. A oommunication was read from R.C. Alley, Attorney for Bessemer Properties, Inc., requesting permission to employ W.O. Winn to audit the distrib- ution of interest and sinking fund moneys for years prior to 1936-1~37. After discussion it was moved by Councilman Hall that Mr. Alley be invited to meet with the COuncil at its next regular meeting to dis- cuss this matter with the members. Mr. Wodischek seconded the motion, which oarried unanimously. A petition from twenty-five oolored oitizens aSking that N.W. Fifth Avenue be rooked from N.W. Second to N.W. Fourth Street, was received and read by the Clerk. It was recommended that Howard Cromer estimate the oost of rooking ,said street, for a width of twelve feet, and that the Clerk then notify property owners that the City would 80 such work provided the petitioners or owners were prepared to first deposit with the City an amount suffioient to cover the cost of such oonstruction. A letter was read from A.C. Mittendorf advis- ing that the Bondholders Committee expected to submit its revised refunding proposal to the Council next week. A letter from Fannie Foote Maddux, was read. asking that a street light be installed at Corner of S.E. Seventh Avenue and Third Street, before next Season. The letter also stressed the need of pro- tecting the Canal bank from the wash of the Canal which would eventually destroy several beautiful trees, in that locality, it was stated. It was moved by,Mr. Gwynn that the Clerk reply to said oommunioation, ad.is- ing that the City contemplated taking oare of several ~u~ COUNCIL CHAMBER - April 11,1938 such deed end streets running into the Canal as soon as possible; also that the requested street light would be included in the City's list of addition- al lights to be installed next Season. Mr. Wodischek . seconded the motion which oarried unanimously. Mr. J.R. MoFee appeared at the meeting, further pressing his claim to remuneration for damage to his oar, which had occurred during a public motor- cyole riding exhibition. Mr. H~ll stated the aooi- dent was regrettable, but he believed no aotion in the matter could be taken by the Council inasmuoh as the City was not responsible and assumed no liability in conneotion therewith. The following letter from R.S. Yeomans was submitted and read by the Clerk: West Palm Beaoh, Fla. March 19, 1938 Miss Mae Cramp, City Clerk P.O, Box 1178 Delray Beach, Florida Dear Miss Cramp: I acknowledge receipt of your letter of the 17th enolosing statement against Zook Palm Nurseries, Ino., for labOr olearing Gleason Street. I am today forwarding same to Mr. C.A.B. zook for his ~ attention. { I have not looked over the file, but my recollection is that when I wrote you this bill was correct, I expressly said I could not tell when the corporation would be in a position to pay it. If you do not receive a settlement promptly, I suggest that you take the matter up direotly with Mr. Zook. Yours very truly, Raymond S. Yeomans .,~ The Clerk reported she had been unsuccessful in her efforts to collect both the $72.90 oharge referred to and also the $105.00 charge for labor, equipment and supervision, expended by the City on said paving program, whioh program had been discon- tinued at the request of Mr. Zook and upon the asSur- ance of Mr. Yeomans that whatever expense had been inourred, by the City, to date p~ discontinuance, mil COUNCIL CHAMBER - April 11,1938 would be paid by his company. It was recommended that the Clerk press demands fOr payment of said $177.90 due the City, in this connection. The following resolution was offered by Mr. Hall, who moved its adoption: RESOLTUION 214 BOOK 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, CREATING A DELINQUENT TAX ADJUSTMENI' BOARD FOR THE CITY OF DELRAY BEACH. '-} L Mr. Wodischek seoonded the motion for adoption, and on roll call the vote was as follows: Mr. Gwynn , yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller no. { Mr. Wodischek yes. The motion was deolared oarried. In discussing the resolution Mr. Hall said his idea was to allow no reduotion on such properties as Atlantic Avenue income producing real estate, but that even on such as these 70% of the taxes oould be paid in bonds thereby effecting oonsiderable saving in settlement. Mr. Miller omnsidered indivi- dual adjustments of taxes, as outlined in the resol;' ution, to be olass legislation and was therefore opposed to same. l ~;r , Mr. Cook asked if the Council intended to donate $50.00 to the Fire department, as in past years, to defray expense of members' attendance at Fire College and convention, whereupon it was mo~ed by Mr. Wodischek that the Fire Department be granted $50.00 for said purpose. Mr. Hall seoonded the motion, which oarried unanimously. Mr.' Hall requested that the City construct a sidewalk, at his expense, along the East line of '0 his property, viz - The E 30x50' inlthe N.E. Corner of Lot 6 Blook 101. It was acoordingly moved by Mr. Wodischek that said sidewalk be built and Mr. Cromer be instructed to prooeed with the work. Mr. Gwynn seconded the motion, which carried unanimously... It was regularly moved, seconded and carried that bills, numbered 2877 to 2955, having been O~K'd ~ by the Finance Committee, be returned to the Council, ." and ordered paid. It was regularly moved, seconded and oarried that Council Adjourn. . f 1 ,-. >1t fit fA ~ .~ 11-->>1~ C Y C er APPR~~ PRESI ENT OF COUNCIL CHAMBER