06-13-38 Regular
948
COUNCIL CF..AMBER
June 13, 1938
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The Council met in regular session at 7:30 P.M.
with the City Attorney and all members present.
The minutes of the regular meeting of May 23rd
and the special meetings of June 6th and 10th were
approved as read.
Mr. Henry Ostro came before the Council asking
whether he would be granted liquor license for a store
to be located on property facing Atlantic Avenue in
Block 125, stating he wished assurance that he would be
permitted to operate said business before proceeding
further with plans for building. Discussion ensued in
this regard, in which it was stated that since the
location in Question was within the "local business
district" license could not be refused a reputable
applicant, and the members therefore assured Mr. Ostro
that same would be granted, SUbject to prescribed require-
ments, a t such time as application is made.
The following communication was read: asking
that the sidewalk in front of Lot 8 Atlantic Palm
Nursery be raised to eliminate standing water; also
that the grade of Gleason be raised for a distance of
193 feet South of Atlantic Avenue.
June 13, 1938
Hon. Mayor and City Council
Delray Beach, Florida
Gentlemen,
Mr. G.H. Crawford has Durchased Lot 8
in Atlantic Palm Nursery Property, which is the
corner of Atlantic Avenue and Gleason street. He
is contemplating building on this lot this summer.
At his request I am writing you in regard to
raising the sidewalk to the proper heighth, so water
will not stand over.it at every heavy rain. Also
to have Gleason Street filled to its proper heighth
as far back as the lot runs, 193 feet.
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COUNCIL CHA11BER - June 13, 1938
Mr. Crawford is willing to stand his part of
the expense of this work. Requesting your early
consideration, I am,
Yours very truly,
J .M. Cromer
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Members agreed as to the desirability of raising the
sidewalk in question, which was under water during
rainy weather practically all the way from Gleason
Street to the Canal, they said. A question arose as
to whether said sidewalk, in front of the MacLaren
property was on the property line or out in the street,
and it was recommended by CouncilmanWodischek that
Howard Cromer check up on same to determine Just where
it was located.
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J.M. Cromer, agent for Mr. Crawford, stated his
client planned construction of an apartment house on t~~
front of ~d Lot 8, and guest houses in the rear thereof
and for this reason required that Gleason Street be
improved to provide access to the rear cottages.
c<
~uestion then arose as to whether a 40 foot
right-of-way existed on Gleason Street, it being stated
that Oscar Sabin claimed twenty feet of same as his
private property. Howard Cromer explainedt~h~t this
claim of Mr. Sabin's was based on the fact~tte sub-
dividers, when platting Ocean Park SiD, had platted
and sold the originally dedicated twenty foot right-of-
way as part of said Ocean Park Subdivision. It was
contended that this mistake on the part of the sub-
dividers constituted no abandonment or relinquishment
of claim by the City to said twenty foot s trip as a
public road and that any claim for damage Mr. Sabin
might have, would necessarily be against the
developers of Ocean Park and not against the City.
Since the communication had stated Mr. Crawford
was willing to assume his part of the expense, which
Mr. Cromer said would be a cash transaction, it was
moved by Mr. Hall that bids be obtained from contractors
and also an estimate submitted by the City on the cost
for filling Gleason Street, to grade, for a distance
of approximately 200 feet South of Atlantic Avenue.
Mr. Gwynn seconded the motion which carried unanimously.
In regard to the sidewalk request it was moved
by Mr. Wodischek that said sidewalk, from in front of
the MacLaren property to the West property line of Mr.
Crawford's lot, viz. Lot 8, Atlantic Palm Nursery
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COUNCIL CHt~ER - June 13, 1938
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be raised to the level of the crown of the street,
and that said work be done by city forces under the
supervision of the Street Committee.
In the interest of another of his clients,
Mr. J.M. Cromer asked the Council to give the
Building Inspector authority to issue permit for the
moving of the Women's Club Building from the front to
the back of the present lot. He stated he had consulted
with Miss Nichols as to the insurance feature involved
and had been informed that such a move would not affect
or raise insurance rates in that locality. He also said
that if the requested permission was granted, it was
quite probable a sale of the property would be effected
and a presentable fire-proof building be constructed
on the front of the~ot. It was moved by Mr. Hall that
the Clerk be instructed to write giving permission to
move said wooden club building, such permission to be
contingent upon the erection of a fire proof commercial
structure of a height sufficient to hide the building
to be moved in the back, same to conform in all respects
to the building and fire zone regulations of that district;
also that the present club building be remodelled and
put into presentable and good condition for rooming
house use. Mr. Wodischek seconded the motion, and on
roll call, the vote was as follows: Mr. Gwynn yes, Mr.
Hall yes, Mr. Hill yes, Mr. Miller yes and Mr. Wodtschek
yes. The motion carried.
Mr. Thos. Boykin, addressed the meeting asking
that S.E. Seventh avenue be rocked and oiled from S.E.
3rd Street extending past his property in the South half
of said block. He explained that in order to obtain a
building loan a paved right-of-way was re1uired to
the property. After a prolonged discussion as to manner
and possibility of financing the requested street con-
struction, Mr. Boykin said he and Mr. Blank would pro- .
bably pay cash for their share of the expense and it
was estimated the cost of the additional footage, to be
paved on the assessment lien basis, would run around
five hundred dollars, two hundred and fifty dollars of
which Mr. Boykin agreed to finance, accepting as security
for repayment to him of said loan, lien certificates
against the property benefitted by said street improve-
ment. It was accordingly moved, by Mr. WOdischek, that
. plans and specifications be drawn preparatory to calling
for bids for the construction of an eighteen foot paved .
road extending from a point fifty feet South of S.E.
Third Street to the South end of Mr. Boykins property.
Mr. Gwynn seconded the motion, which on roll call,
carried unanimously.
The following bid from R.C. Guptill for work
to be done on the Casino building was opened and read.
951
COUNCIL CHAMBER - June 13, 1938
June 13, 1938
City Council of Delray Beach
Gentlemen,
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I herewith submit bid for closing in
with sash, the front porch of Casino BId. as
directed by your City Engineer and furnish all
material for the suw of i414.40) Four Hundred
fourteen dollars and forty cents. Also an extra
bid for stopping up and plastering scuppers and
one light glass 24"x36" to be set for the sum
of Five dollars and seventy-five cents ($5.75)
making a total of both bids($420.15) Four Hundred
twenty dollars and fifteen cents.
Respectfully submitted
R.C. Guptill
f'
The Clerk advised no other bids had been
received, although Mr. Cromer had personally 'requested
three contractors to bid thereon. Mr. Guptill's bid
was considered too high and it was therefore moved
that all bids be rejected. The Chairman of the Parks
Committee stated he knew a man who would build and
install the required windows for $250.00, and recommended
that the City go ahead and give him the job by the
day. It was therefore moved by Mr. Hall that the Chair-
man of the Parks Committee be authorized to have the
work done, the cost of same not to exceed $250.00 for
material and labor. Mr. Miller seconded the motion,
which carried unanimously.
At this point a discussion took place as to
what constituted the business of contracting, and as
to who should be required to pay contractors or builders
license. Chairman Hill said he would like to have
the City Attorney's opinion as to this a s there had
been so much argument as to same. I~ was recommended
that the City change its license ordinance requiring
builders, taking contracts for others, to paya builders
license regardless of whether they were termed contractors
or not.
r A request from C.W. Lacy that his prmperty in
Block 137 be zoned from "B" to "A" district was submitted
and ordered filed with previous like requests~
A project for the widening and improving of the
South Ocean Boulevard was mentioned, and by motion of
Mr. WOdischek, seconded by Mr. Gwynn, and unanimously
carried, Mr. Cromer was instructed to apply for such
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COUNCIL CHAMBER - June 13, 1938
J
a project, and the Mayor authorized to sign neccessary
sponsor's application. It was pointed out that actual
work could not be started until it was ascertained as
to what extent the County intended to cooperate and
assist, and in the event such a project was not practicable
the entire project could be dropped.
Mr. Cromer advised that the City would be pre-
pared,about the middle of July, to go ahead with its
beautification project approved some time ago1 and
Nursery stock, at an estimated cost of about ~425.00
called for in said project, had been selected at the Blank
Nurseries. He asked that the Council authorize the
purchase of Sdme. It was accordingly moved by Mr. Wod-
ischek that the Clerk be authorized to write Mike Blank
advising that, within the next sixty to ninety days
the City would require delivery of said stock at quoted
prices as follows:
NURSERY STOCK
Fl.P.A. # 9
~i
Mellaluca Trees 200 @ 501
Pithecalobium Trees 150 @ 501
Ficus Benjamina Trees50 @ 3.00
Mexican Pepper 100 @ 501
Hibiscus 100 @ 501
$ 100.00
75.50
150.00
50.00
50.00
$ 425.00
Mr. Gwynn seconded Mr. Wodischek's motion, which
carried unanimously, on roll call.
The City Clerk reported personal and corporation
taxes assessed on the 1937 roll had been collected 100%,
with the exception of the following concern$ now out
of business with no property remaining on which to levy.
Ball Supply Company
Delray Bicycle Shop
Gerould, Edwin
Knit Shop, The
Mass, Gustav. A.
Ocean City Furniture Company
Peerless Dry Cleaners
Roberts Grocery
$
4.08
2.04
2.04
1.23
2.04
3.05
12.25
24.51
$ 51. 25
It was moved by Mr. Wodischek that all above taxes be
abated, as uncollectible, with the exception of Roberts
Grocery, in which case the Clerk was instructed to
collect said personal tax before issuing occupational
953
COUNCIL CF~~ER - Jun3 13, 1938
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license in the Fall, should the store be reopened.
Mr. Gwynn seconded the motion, which carried unanimously.
Mr. Hall enQuired what the members intended to
do in regard to applying for'~ government loan to erect
a municipal Administration Building, adVising that
he had been reliably informed that preliminary applicat-
ion could be made without being required to furnish
elaborate plans and specifications, as previously in-
dicated. It was moved by Councilman Wodischek that Mr.
Cromer be directed to follow this matter up and apply
for a $50,000.00 Municipal Administration Building
project, as previously outlined. Mr. Hall seconded
the motion, which c~rried unanimously.
.
It was further moved by Mr. Wodischek that
Mr. Cromer also en~uire if funds were available from
that SOLITCe for the building of municipal power plants,
and what procedure was necessary to obtain such loans.
Mr. Gwynn took the chair while Mr. Hill seconded Mr.
Wodischek's motion, and on roll call the vote was as
follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes,
Mr. Miller yes and Mr. Wodischek yes. The motion carried.
The following ordinance was submitted by the
Clerk, and on motion regularly mao.e, seconded and
carried placed on its first reading.
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OE.I1J;~ANCE 220
I?OOK 4
.~ ORDIlu\NCE A1ffiNDING AN ORDIN~~CE REGUL~TING
THE SALE AND DISTRIBUTION OF WATER FURNISHED,
PROVIDING FOR A MAINTENANCE AND SERVICE CHARGE
FOR SERVICE RENDERED TO O~VNERS AND CONSL~lliRS
OF TF..E CITY OF DELRAY BEACH, FLORIDA; REGULAT-
ING THE RATES THEREFOR, AND REGULATING THE
MANNER IN 'NHICH WATEH CONNECTIONS AND METERS
SHALL BE FURNISHED AND PROVIDING PENALTIES
FOR VIOLATION THEREOF; CREATING LIENS FOR
PAST P.ND UNPAID ACCOUN""TSj AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT
HEREWITH.
7 It was moved by Mr. Wodischek, seconded by
Mr. Miller and unanimously carried, that ffid ordinance
be passed on its first reading.
My motion of the Council the following right-
of-way and easement deeds were accepted and ordered
placed on record:
From Clayton Andrewws to City
The W20' of the N87.5' of st Block 128
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COUNCIL CHM.ffiER - June 13, 1938
Thos. Boykin to City
The W8' and the S5' of the S90' of the
N177.5' of the S~ Block 120, less ~rr43' of
.,
It was moved by Mr. Wodischek that bills Nos.
3084 to 3138, having been O.K'd by the Finance Committee,
be returned to the Council and ordered paid. The
motion was seconded by Mr. Gwynn, and carried unanimously.
,
Mr. Miller reported the need of additional
benches at the tennis courts and moved that six be
constructed similar to those already in use and be
placed on the courts.
n _,.
Mr. Wodischek recoT~ended that the Clubs and
individuals in town, having charge of the City's various
recreational facilities, be required to submit annu~y
a written report on the activities and finances of such,
and accordingly moved that these clubs, viz. The Mun-
icipal Golf Club, the Delray Beach Recreation Club,
The Delray Beach Tennis Association and The Delray Beach
Baseball Association turn in such written report to the
Council at the time of their a nnual election of offi cers,
such reports to show the amount of money taken in for the
year, the amount spent, the number of people availing
themselves of the facilities provided, and a general
summary of the activities of said Clubs.
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The Building Inspector brought to the Council's
attention a violation of the building regulations on
Lot 6 Block 60, asking advice as to prosecuting the
offender. After discussion, it was moved by Mr. Hall
that the Building Inspector be instructed to proceed,
with the advice of the City Attorney, to take whatever
action seems necessary. Mr. Gwynn seconded the motion,
which carried unanimously.
There being no further business, Council
regUlarly adjourned.
~t1.eAJ .G~
City Clerk
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APPROVED:
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