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07-11-38 Regular i . (j ( " \ ;; ;if I 1 .1 f f: " "\' ;~l"* , " ''''-' fo,~. ,,'\, t-",-'. '. J( 'i, _', . f- -~. . "~ ~:' , 964 COUNCIL CHAMBER , July 11, 1938 The Counoil met in regular session at 7:30 P. M. with the City Attorney and following mem.bers present: Mr. Gwynn, Mr. Hall, Mr. Hill and Mr. WOdisohek. Mr. Miller was absent. The minutes of the regular meeting of June 27th and the speoial meeting of June 28th were approved as read. Applioation by John I. Thieme for lioense to operate a paokage liquor store in a building to be ereoted on Lot 13 Blook 28, Colored Town, was submitted to the Counoil, and by motion of Mr.Wodisohek, seoondmd by Mr. Hall and unanimously oarried, ordered 'filed and the usual prooedure followed of allow. ing fourteen days to elapse for the purpose of proper invest- igation by the Mayor and City Counoil, as required by the liquor ordinanoe before aotion is taken in granting of such lioense. The Building Inspeotor presented applioation of F. E. MackIe for oonstruotion of a house on the N. W. oorner of Blook 129. Mr. Cook explained that same allowed for only a ten foot North side yard whi oh did not oomply wi th the Resid,enoe "A" requirement of l7i feet, but inasmuoh as said lot was on a oorner and no other houses would be built to faoe Morth on Fourtl Street, he reoommended that the permit be granted wi th this ooncession. He also reoommended that an amendment to the zoning ordinanoe be drawn allowing for a lesser side-yard."in suoh oases. It was aooordingly moved by Mr. Gwynn that requested permit No. 802 be granted l~th said oonoession and that the Building Inspeo- tor be authorized to make suoh oonoessions in t he granting of similar permits until suoh time as a general amendment is made to the zoning ordinanoe, at whioh time same shall be amended in regard to size of side yards, to oover extraordinary oases suo as this. Mr. Wodisohek seaonded the motion, and on ~oll call the vote wss as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Wodisohek yes. The motion was deolared oarried. An applioation by the Luthern Churoh for a building permit was also reoeived. Same had been requested for the moving of the ohurch to the rear of the lot ~n~ for the making of general repai and alterationsfuereto, one of which was an eighteen foot addit- ion to the front cr the building. The only violation of City ordinanoes, Mr. Cook said, was that wood construotion was asked for whereas it was required that publio buildings be masonry. It was intended to stuooo the building and put same into a semi- fireproof oondition of better construotion and appearanoe than at present, therefore the Building Inspeotor also reoommended that t4is permit be granted and it was ,moved by Mr. Wodisohek that said permit No. 799 be granted, as requested. Mr. Hall seoonded the motion, upon being assured that no possible pUblio hazard would be involved thereby, which motion was oarried unanimously. . 9M COUNCIL CHAMBER July 11, 1938 ~ The Building Inspeotor presented, also, ani application from the Coco Cola Bottling Works for permit to ereot a sign at the City Servioe Station on South Federal Highway. This, he said, was of 4XlO demensions and well supported and braoed. After disoussion, in which some objeotion was raised to same" it was finally moved by Mr. Wodischek that the matter be referred back to the Building Inspeotor with instruotions to confer with applioant, advising against the ereotion of said sign, but in the event applioation is not withdrawn, the~in that oase, that Mr. Cook be authorized to issue permit whioh couJ not legally be withheld, it was thought. Application by Grover Baker for permit to reconstruot oertain portions of the partly-built struoture on Lot 6 Blook 50, converting same into a general work and machine shop for the housing and servioing of his truoks and maohinery, was reo- eived. This was to be in aooord with speoifioations drawn by Mr. Ogren, it was stated, and in doing this Mr. Baker was remedying the oause of oomplaint made against him previously by the Building InsPeotor who had ordered suspension of said oon- struotion beoause of failure to oomply with building requirements It was aooordingly moved by Mr. Wodisohek that said notice for Suspension of work, served on Mr. Baker, be voided and that the Counoil authorize the Building Inspeotor to issue permit, in- asmuch as applioation now complied with bUilding requirements. Mr. Gwynn seoonded the motion and on roll oall the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Wodis- ohek yes. The motion oarried. The matter of paving the pODtion of 9th avenue whioh abuts on Blooks 129 and 137 was brought up by Grover Baker, who advised ,that property owners had oontraoted with him on a oash basis arrangement for the paving of their respeotive abutting frontages but the intersections whioh belong to the City oould not legally be assessed to suoh property owners and he requested payment by the City for suoh. After sisoussion it was moved by Mr. Wodisohek that Grover Baker be authorized to complete said paving of intersections and bill to the City to be oheoked and estimated by the City Engineer. Mr. Gwynn seoonded the motion, whioh oarried unanimously: said paving to be at the rate of $2.30 per lineal foot. Walter Roth appeared in behalf of The Delray Beaoh Softball League, thanking the Counoil for aid in fixing up the diamond at the Reoreation Park and asking further assistanoe in furnishing the League with floodlights for night playing. John I. Thieme, President of the Club, said he understood a loan was be!ng negotiated for certain oivio improvements and thought probably a projeot for lights oould be worked out in conj.Qtion with other things. Mr. Senior stated about eight floodlights, at an installation cost of approximately $400.00, would suffioe for this purpose. 966 COUNCIL CHAMBER July 11, 1938 It was finally moved by Mr. Hall that the matter be referred to the Parks Committee for definite report as to oost of installation and for operation of a set of suoh l~ghts. Mr. Wodischek seconded the motion, whioh carried unanimously. Mr. Thieme inquired also as to regulation and management of the soft ball field, now that it was completed, and asked who was to be in oharge of same. It was moved by Mr. Wodisohek that the field be turned over to the President of the AssooiatioI who shall be made responsible for the lights and faoilities provided, and shall have 'oontrol of the field maintenance and sohedules for games and praotioe; that all those desiring to use said field be instructed to arrange for such use with Mr. Thieme. This was similar to the rules established in oonneotion with the baseball field, he said. Mr. Gwynn seoonded the motion, which oarried unanimously. Mr. Jaoobs then requested audienoe with the Counoil, and in the interest of the Delray Beaoh Reoreation Club, asked that the Counoil investigate the possibili~y of providing facilities for out-door bowling at the City Park. Although he did not con~: sider lawn bowling feasible here beoause of the oost and upkeep of the greens, he said a marl and fine sand surfaoed oourt oould be provided for bowling at a lower cost and less maintenanoe. He recommended the oonstruotton ofa half a link approximately . l22X61 feet in d,mension, at this time, providing for four sets of players instead or the full eight. He oonsidered labor would be about the only expense involved since he believed suffioient marl oould be removed from the City's old ball diamond for this purpose. Upon suggestion of the Counoil, Mr. Jaoobs agreed to get all neoessary information and data relative to equipment, oost and requirements for such construotion before next meeting of the Counoil. -Abraham George was present and registered oonsiderable ob- jeotion to the menbership t~~ charged by the Reoreation Club. Members of said Club andMo~the Council explained to him the impossibility of maintaibing suoh public reoreational features without establishing ~ nominal oharge therefor. The Clerk presented request of F. H. Link that two pine trees growing in the street right-of-way on the North side of Dixie Blvd. between Swinton Avenue and Seoond Street be removed. This matter was referred by motion of Mr. Wodisohei, to the Street Committee with power to aot. Mr. Gwynn seoonded the motion, which oarried unanimously. It was regularly moved, seconded and oarried that the Clerk be authorized to have the following easement tr right-of-way deeds placed on reoord. From Cornelia B. The S 2.5' of W. The S 2.5' of' Stevens 56.22' of' Lot 9 " 10 Seested-Stevens 8; " " 967 COUNCIL CHAMBER July 11, 1938 From E. C. &0 Doris R. ~ The E. 20' of the St St of Blook 129 From A. K. T:vlee The E. 20' of the N! Si " 129 It was moved by Mr. Wodisohek that t he City Clerk be . authorized to buy a suf:fioient amount of bond oredit to take oare o:f the deficit on the City's Bond Trading Aooount. Mr. Hall seconded the motion, and on roll oall the vot& was as :follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Wodischek yes. The motion oarried. The following ordinanoe, amending a seotion of the existing water ordinanoe, was by motiono:f Mr. Wodisohek, seoon- ded by Mr. Gwynn and unanimously oarried, ordered plaoed on its seoond reading. ,'-',- ORDINANCE 220 BOOK 4 AN ORDINANCE AMENDING AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF WATER FURNISHED, PROVIDING FOR A MAINTENANCE AND SERVICE CHARGE FOR SERVICE RENDERED TO OWNERS AND CONSUMERS OF THE CITY OF DELRAY BEACH, FLORIDA,REGULATING THE RATES THEREFOR, AND REGULATING THE MANNER IN WHICH WATER CONNECTIONS AND METERS SHALL BE FURNISHED AND PROVIDING PENALTIES FOR VIOLATION THEREOF; CREATING LIENS FOR PAST DUE AND UNPAID ACCOUNTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH The ordinance having been read in full the seoond time, it was regularly moved, seoonded and oarried that same be adopted on its seoond reading and :final passage. The Clerk advised that s inoe resolution number 196, pro- viding :for settlement of all improvemeDt~iens and delinquent tal for the year 1932 and prior, On'a 25%~DaS1s, had expired April 1st, that at the present time no method existed :for the making of adjusted settlements and oonsequently no taxes were being paid. She asked that the Council provide some means wheret settlement of b~ck taxes might be made at a reduotioh, and it wa~ moved by Mr. Wodisohek that the time be extended on the a:fore- mentioned resolution :for a period o:f one year, viz. until April 1st, 193~.. Mr. Wodischek seoonded the motion whioh carried unanimously. Mr. Hall's motion whioh :failed to be voted upon at last meeting, viz, that Howard Cromer be auth9rized to apply :for . a $2,000.00 W. P. A. Colored Reoreation Field Projeot, was i\ ~"'~ ol..Q ~.I..,J: ~ '], 0....'0 f, I ~~ 't 968 COUNCIL CHAMBER July 11, 1938 revived and put to a vote and, on roll call, the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Wodisohek yes. The motion oarried. Mr. Hall moved that City Attorney Nowlin be authorized to make an appearanoe in answer to the $300,000. suit entered against the City by the Bondholders Committee, for the purpose of ascertaining whether or not the suit is :for the oorrect amount o:f interest. Mr. Wodischek seoonded the motion whioh oarried unanimously. Mr. Hall urged the Counoil to oonsider :further, his proposal made at last meeting :for beaoh improvements and board w~lk, stating he oonsidered the beaoh the most important asset of the City and that same was in a very negleoted oondition. Other members of the Counoil recommended that any oontemplated work on the beaoh be deferred until a:fter the storm season. It was :f inally moved by Mr. Wodischek that the City Engineer be authorized to make a set o:f speoificationSto Cover said beaoh improvement as outlined by Mr. Hall. Mr. Gwynn seoonded the motion which oarried unanimously. A general disoussion o:f City streets then took plaoe, and the need of immediate repairs and oiling was stressed. Mr. Wodischek, as Chairman o:f the Street Committee, was authorized to go ahead with t his work immediately, the oost o:f same to be paid out o:f the Street Maintenanoe Account. The Clerk was also instruoted to oomminioate with Jake BOJd, County Engineer reques1 ing that the County Road Department make an inspeotion o:f Federa: Highway intersections in Delray with a view to repairing same, most of which,: it was stated, were in a broken and dangerous oondi tion. The matter o:f allowing consumers to work out water bills ow up for disoussion and in this oonneotion it was reoommended that all such applioants be required to report for work on oertain designated daysiwS8B that in this way the City would derive muc~ greater benefit :from the labor :furnished. The Counoil authorized purchase by the City Clerk of a typewriter dest and ohair, at a oost of approximately $25.00. It was moved by Mr. Wodisohek, seoondtd by Mr. Gwynn and unanimously carried that bills numbered 3187 to 3236, having been O.K'd by the finafice Committee, be returned to the Counoil and ordered paid. Counoil regularly adjourned d;7~k f/;A C1 fA). Q~ C ty Clerk 969 C01JNCIL CHAMBER July 11, 1938 The Counoil met at 9:30 P.M. as a Board of Adjustment :for oonsideration and adjustment o:f taxes on :following: Lots 3&4 Delray Country Estates looated in Seo 28 It was stated that this property had been in the City :for the year 1926 only, and taxes :for said year appeared against the two paroels in the amounts of $93.26 and $89.90 respeotively. It was moved by Mr. Wodisohek, seoonded by Mr. Gwynn and unanimou: oarried that :final settlement figure on same be set at $10.00 eaoh. There being no :further adjustments to be oonsidered, the Board regularly adjourned. APPROVED: k [O~~ ' ~hic~iK~~ . '" ',' 970 COUNCIL CHAMBER July 11, 1938 The Cou~cil met pursuant to a notioe duly published and in aooordance with the ordinanoes and oharter of the City, as a Board o:f Equalization at 9:00 A.M. with the :following msmberB present: Mr. Hall, Mr. Hill and Mr. Gwynn. Mr. Miller and Mr. Wodisohek were absent. Mr. Carl White and Dr. Love inspeoted the roll but entered no protests. As no other oomplainants appeared at the meeting, the members adjourned to meet in speoial session as a Board o:f Equalizers that night a:fter the regular Counoil meeting. APPROVED: &~k j?, c~~~0-~