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06-13-38 Regular 948 COUNCIL CF..AMBER June 13, 1938 ;;:- 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. 94~ .....-,' 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 ~'- 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. ~-.,- 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 H5U COUNCIL CHt~ER - June 13, 1938 , , 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, -'" 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 95~ _I 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 "' 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. " 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 128 954 ..-.,"' 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. ~ 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 " APPROVED: ei4~ r 't. ''J