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07-25-38 Regular 978 COUNCIL CHMffiER July 25, 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. Mr. Miller was absent but joined the members later during the meeting. The minutes of the regular meeting of July 11th and the special ~eetings of July 11th, 12th, 13th and 18th, covering sittings of the Equalization Board, were approved as read. The Clerk submitted an amendment to the Power Company's contract,with the Cit~whereby a previous stipulation that all discontinued overhead bracket lights be restored to service before the Florida Power & Light Company shall be obligated to install, at its expense, any additional street lights, wew elim- inated. Mr. Senior explained that the contract, so amended, would refer only to the whiteway lights, requiring that before any additions shall be made to said whiteway system, the City shall first restore to service the 24 whiteway lights not now in operation. Mr. Gwynn therefore moved the adoption of the following resolution: A RESOLUTION APPROVING A PROPOSED LETTER AGRE~EENT WITH FLORIDA POWER & .LIGHT COMPANY PROVIDING FOR THE AMENDMENT OF SECTION 3-a OF ARTICLE 1 OF THAT CERTAIN MUNICIPAL STREET LIGHTING AGREEMENT NOW IN EFFECT BE~VEEN "THE CITY AND SAID COMPANY BATED THE .13TH DAY OF SEPTEMBER, 1937, AND SETTING OUT THE TERMS AND CONDITIONS UNDER WHICH SAID AMENDMENT SHALL BE EFFECTED; AUTHORIZING AND. DIRECTING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE AND ENTER INTO SAID PROPOSED LETTER AGREEMENT WITH SAID FLORIDA POWER & LIGHT COMPANY. In view of of Mr. Senior's explanation, Mr. Hall seconded the motion, which carried unanimously. A letter received from J.M. Carsey, urging construction of a concrete walk to replace the present board walk at the beach, was, by motion regularly made, seconded and carried, ordered filed. 919 COUNCIL CHAMBER - July 25, 1938 The following letter from Oscar Sabin regard- ing the proposed filling of Gleason Street, was read. .,;~'t/4 Toledo, 0., July 18th, 1938 Miss Mae W. Cramp City Clerk Delray Beach, Florida Dear Miss Cramp, In answer to yours of July 1st & 11th in regards to the filling of Gleason Street to a width of 40 Ft., back from Atlantic Ave. 193 Ft. so Mr. Crawform who is about to build an apart- ment house on Lot west of mine could have egress to his garages on rear of his lot. You state Mr. Zook gave deed for 20 feet west of Gleason St., making the width 40 Feet. As I remember Mr. Zook had filled his property to the West line of Gleason St. as originally platted so Mr. Crawford could have temporary egress to his property, without any filling. I feel you have a low bid on the filling as I figured it 27~ cents per yd. and if I can get that kind of bid would fill my whole property including my part of Gleason St. but would prefer to do it when I can be there to personally super- vise it, which will be in the very early fall if health permits. If there is any attempt to take any part of my property for Street purposes by the City of Delray Beach (90' on Atlantic X 163 on Gleason) without legal authority I shall protest. If you will assure me my property lines will not be disturbed and the fill I made of nearly 2 Feet to the east line of the original Gleason St. and you will send me a drawing of my lots by your City Engineer I will consider sending you check unless you can defer my part of it until I arrive there. I thank you very much for the information you have already forwarded to me. Yours truly, Oscar Sabin 980 COUNCIL CHAMBER - July 25, 1938 In the ensuing discussion Mr. Hill suggested that Oscar Sabin be notified that the City intends to raise and rebuild the sidewalk in front of his property and also make the proposed Gleason Street fill, for the requested depth of 193 feet, advising him that if he wants his property filled at the same time this can be done, providing check is forwarded in advance for payment of same. J.M. Cromer addressed the Council recommending that the sidewalk be raised from the Canal to the Casino; also that Gleason Street be filled for the entire length. This the members considered a financial impossibility at the present time. Mr. Hall considered it advisable to restrict such improvements to the properties prev- iously outlined. It was finally moved by Mr. Gwynn that the City Clerk write Mr. Zook and other Atlantic Avenue property ownerdadvising them of the City's intention of making the p~oposed Gleason Street fill and rais- ing the sidewalk in front of the Crawford, Sabin and MacLaren properties; and explaining to property owners abutting thereon the saving to be derived by paying cash for said work; also giving Mr. Zook an opportunity of having his sidewalk raised at this time providing payment for same is made in cash. Mr. Wodischek seconded Mr. Gwynn's motion which carried unanimously. . W.A. Jacobs reported as to requirements, cost of construction &c., for the building of a bowling link in the City Park. A 120x120 foot grassed bowl- ing green would cost three cents a square foot or $432.00 he said. He did not recommend a grassed link for Delray, however, but one with a rolled clay and sand top, to be levelled each day. Such a court of 100x120 foot dimensions he estimated would cost $150.00 where purchase of marl was necessary, but since the City's old Ball Park would provide suffi- cient marl for this purpose nothing but labor and a few minor items of expense would be involved, he said. A 105x30 foet court, suitable for two sets of players, which could be enlarged from year to year as occasion demanded, was recommended by Mr. Jacobs and if the City considered it advisable to make an appropria- tion in this year's budget to provide for the con- struction of such, he said it could be built, he believed, for around $100.00 to $125.00. The President of the Recreation Club also recommended that the Park rest-rooms be lighted duri~he Season, and also, as a safeguard against accidehts, that Canal Street, in the City Park, be rocked to serve as a parking space and cars then be prohibited from parking on both sides of Atlantic 981 COUNCIL CHAMBER - July 25, 1938 Avenue, in that vicinity, which he said was a dangerous practice. Rudolph Wuepper asked that the City repair certain damage to Mr. Wuepper's garage in the alley back of his store which he explained was due to the City's garbage truck having been backed into the building. It was moved by Mr. Gwynn that the Council assure Mr. Wuepper the garage would be put back into condition without expense to him, and further that Mr. Baker's Department be instructed to make the necessary repairs immediately the following morning. Mr.Wodischek seconded the motion which carried unanimously. Mr. Wodischek reported that, upon looking into the matter of floodlights for the softball diamond, it had been found the expense of providing these would be almost a thousand dollars, which expenditure the Council felt unwarranted in making. John Thieme discussed the matter further with the Council, ask~ ing the members to defer action with reference to same until he could investigate further and see if some cheaper arrangement couldn't be made. It was moved by Mr. Wodischek that liquor package store license be granted in accord with John Thieme's application dated July 11, 1938. Mr. Miller seconded the motion, and on roll cal~ the vote was as follows; Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes. Mr. Miller yes, Mr. Wodischek yes. The motion was declared carried. By motion of Mr. Gwynn, payment was authorized for the purchase of 1000 gals of gasoline @ .083 per gallon through the W.P.A. office. Mr. Wodischek seconded the motion which carried unanimously. (--- Mr. Ogren, presented for the Council's in- spection and tentative approval a cottage court layout of construction to be built on Ocean Beach Lot 11 owned by Mrs. Stoney. Although this property was. at present, within Residence "A" district it was pointed out that a permit had already been granted for an apartment-hotel on Lot 10 immediately North of the Stoney property, and it was therefore recommend- ed that t.he zoning ordinance, be amended so as to include in the "Apartment House District" both Lots 10 and 11 on the Ocean Beach. Mr. Ogren stated it was the intention of the owners to build six of the proposed houses and garages this season. completing the remaining six . 992 COUNCIL CHAMBER - July 25, 1938 next year; that all were to be exceptionally attractive and of masonry construction that would, in no way detract from other residences, in the surrounding district. It was moved by Mr. Wodischek that the City Clerk be authorized to write Mr. Stony, advising that the Council would approve an applicat- ion for permit to construct a cottage court, on Beach Lot ll, the buildings and design of which shall conform essentially to that shown on the sketch submitted by Mr. Ogren, providing the construction is completed by October 1, 1939. Mr. Hall seconded the motion which carried unanimously:--' The Clerk reported bonds, purchased for tax- paying purposes, and cancelled as follows, having all unpaid coupons attached; FROM A.B. MORRISON & COMPANY at .39 cents Bonds Nos. 409,410 of $1000.00 denomination of the 1926 GENERAL ISSUE of 900M 2,000.00 FROM E.C. HALL at .39 cents Bond No 65 of 1920 WATER & LIGHT ISSUE 500.00 Also payment of current interest and cancellation of coupons as follows: TO L'ENGLE & SHANDS 19 current coupons off bonds 181 to 183, 191, 286 to 300, of the 1926 GENERAL ISSUE of 900M 522.50 14 coupons off bonds 226 to 235. 436 to 439 of the 1926 GENERAL ISSUE of 900M BESSE1IT~ PROPERTIES. INC. 385.00 12 current coupons due July 1, off O.T.D.B. Bonds 360.00 Also 15.00 interest on bond #12 paid April 15th 15.00 7 current coupons due 11/1/37 1925 80M Issue 210.00 1 coupon No 11 due 11/1/30 off Bond 44 30.00 983 COUNCIL CHAMBER -July 25, 1938 GEORGE KIESS Partial satisfaction of Judgment Case 2452-M-Civil VERMONT INVESTMENT CO. 27.43 1 coupon #22 off bond No 330 of the 1926 900M Issue 27.50 CALMGROVE SECURITIES. INC. To partial satisfaction of Judgment, Case 2328-M-Civil U.S. District Court It was moved by Mr. Wodischek that the Clerk's action, in paying and cancelling bonds and interest coupons, be approved. Mr. Miller seconded the motion, which carried unanimously. A discussion arose as to cleaning and grubb- ing of vacant lots in town. Mr. Cromer thought he could procure from fifty to sixty~five laborers at a dollar a day to do this work, and Mr. Hall suggested that a form letter be prepared incorporating essen- tial portions of the ordinance governing this condition, showing wherein property owners are violating said ordinance, and stating that the City desired to cooperate in having such properties cleaned; that the cost of each lot be stipulated and owners asked to send a check to cover the needed work, telling them that unless said properties are cleared within a given time a warrant will be issued under the pro- visions of the ordinance. Ways and means to assess the property and collect on same for such work was discussed, after which Mr. Wodischek moved that the Chairman of the Sanitary Committee be empowered to go ahead with the proposed plan for clearing such vacant lots under the provisions of ordinance No. 210 Book 4. Mr. Gwynn seconded the motion, which carried unanimously. Mr. Wodisbhek enquired regarding inspections, made by the Police Department, of weights and measures, stating he had heard some complaints about short weight and would like to have a report on same. The Chief of Police submitted, for the Council's inspect- ion, a report of the previous inspection, stating the penny scales were about the only machines that had been found, to any great extent, incorrect. Mr. Nelson stated the last inspection had been made about three months ago whereupon it waS moved by Mr. Hall that the Chief of Police be instructed to make another 984 COUNCIL CHAMBER - July 25, 1938 inspection and survey of weighing machines, taking such subsequent action as the ordinance. directs in this regard. The Clerk reported that the supply of publicity booklets was getting low and a new lot should be ordered. It was decided to defer ordering more of these until next meeting to allow members of the Council to look them over and decide whether or not a few new cuts should not be used. The 'desirability of amending the license ordinance, b8fore October 1st, in regard to certain lines of contracting and trades was mentioned. Mr. Nowlin advised that the City was within its rights ~n requiring a license fee of anyone pract- ising medicine, chiropractic or other such remedial ~ethods, regardless of whether such person was licensed by the State or not. The Clerk was accordingly instructed to require said fee. Councilman Gwynn asked for the other members' opinion in regard to requiring out-of-town .c:contract,rs to take an examination, before granting of a license. He said there had been cases of such outside con- tractors doing unsatisfactory work, and often non- union contractors hired no local labor at all. He believed some measure should be adopted to protect the local man. Mr. Hill complained, also, about seasonal stores and businesses which open after the State Inspector has made his rounds, thereby escaping pay- ment of the one and one-half percent sales tax, and also the County and City personal property tax. He felt a reasonable bond should be required of such concerns to insure payment of personal property tax, on the stock of goods they carry during the Season. In this connection it was moved by Mr. Wodischek that the Ordinance Committee and City Attorney draw an ordinance requiring such cash bond from new concerns. Mr. Gwynn seconded the motion which carried unanimously. Needed repairs to the cement walk at the Beach casino was discussed; also repair and recon- ditioning of pump at the pool, which Mr. Wodischek said was functioning badly. He though~same was worn out and that sometjing should be done about it before the Season opened. 985 COUNCIL CHAMBER- July 25, 1938 Mr. Hall revived the question of beach im- provement and board walk construction stating that, although it had been agreed to defer such work until after storm season, it had since developed that W.P.A. authorities were willing and anxious to place workers on a local project right away, and inasmuch as it was estimated that 200 feet of improvement could be made at a cost of approximately $750.00, which he consid- ered inexpensive for the benefit derived, he would like to see the work done immediately. Mr. Miller was unfavorable to the solid wall construction outlined by Mr. Hall but said he would be agreeable to a pile foundation. Some members favored a boardwalk rather than the cement walk ad- vocated by Mr. Hall. Due to the unfavorable critic- ism of Mr. Hall's proposed plan of improvement he asked that the matter be not acted upon but it was finally moved by Mr. Wodischek that Howard Cromer apply for a W.P.A. project of approximately $2000.00 for beach improvement, cement walk and retaining wall, and that hs draw necessary spetcifications for submission of said application, in accord with Mr. Hall's recommendation. Mr. Gwynn seconded the motion and on roll call the vote was as follows: Mr. Gwy~ yes, Mr. Hall no, Mr. Hill yes, Mr. Miller no, and Mr. Wodischek yes. The motion carried. Mr. Gwynn moved that the matter be reconsidered but his motion was lost for want of a second. It was moved by Mr. WOdischek that bills numbered 3237 to 3267, ha.ving been a pproved by the Finance Committee, be returned to the Council and ordered paid. Upon inquiry, the City Attorney reported he intended to appear in the matter of the City's $300,000. suit on the first Monday in August, and would then report back to the Council with recommend- ation as to what further action was advisable in regard to same. Councilman Miller advocated construction of sidewalks, to fulfill requirements for. the establish- ment of a mail delivery service. Councilman Hall thought the cost of financing such construction would be too great. Mr. Miller considered the matter worth investigating and agreed to enquire of the post offIDe department just what would be required of the City to have such delivery service put into effect. The City Clerk reported having written the County Engineer requesting that Federal Highway inter- 986 COUNCIL CF~BER - July 25, 1938 sections be repaired and put into safe condition, but as yet had received no reply. The need of treating or doing something to save the royal palms between the Canal and the Ocean ridge was stressed by~'!r. Wodischek who stated the trees were badly a ffected by blight. It was regularly moved, seconded and carried that Council adjourn. /11 a f2U). Ct ~ City Clerk APPROVED: IMd.k .