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09-12-38 Regular 1.008 COUNCIL CF..A1ffiER September 12, 1938 The Council ~et in regular session at 7:30 P.M. with the City Attorney and all members of the Council present. The ~embers, by motion regularly made, seconded and carried, ap"Jroved the Iilinutes of the regular meeting of August 22nd, and the special meetings of August 25th, August 31st and September 7th. The Clerk presented a coa~unication fro~ John I. Thieme asking re-consideration of his appli- cation for liquor license to operate bar in colored town. Since a tie had resulted in previOUS voting on the issue, because of the absence of a Councilman, it was decided to vote again on the matter and definite- j ly dispose of same by either granting or rejecting license as is required by City ordinance. It was there- fore moved by Mr. G't}ynn that license be granted John Thieme. Mr. 'lIodischek seconded the motion, and on roll call the vote was as follows: 1tt. Gwynn yes, Mr. Hall no, Mr. Hill yes, Mr. Miller yes and Mr. Wodischek yes. The motion was declared carried. The Clerk then submitted application of O.S. Mansfield for license to operate bar on Lot 8 Block 27. By motion, regularly made, seconded and carried, same was ordered tabled the required fourteen days for investigation and advertising of said application. A communication was read from the Kiwanis Club regarding the Colored Playground Project, to be submi tted to the Government by the City, recolltllending that said project be located on the Colored School property in Northwest section of town rather than on Block 37 as previously decided upon. The majority of the Councilmen were in favor of this change and it was therefore moved by Mr. Vlodischek that application for said project be made on the School property in lieu of Block 37, providing title to same is in proper condition. Mr. Miller seconded Mr. WOdischek's motion which carried unanimously. Mr. Cromer estimated same to be about a $7,500.00 project, 50% of which represented labor costs which would be assumed bv the Government c , he said. A letter from H.M. Davis, Chairman of the School Trustees, recommended the school site and stated that when the project was completed, it would necessar- ily be under supervision of the school authorities, 1.009 COUNCI~ CHAMBER - September 12, 1938 which he considered a desirable re~uirement. Use of the school property, Mr. Miller said, was contingent on the County Board's ap~roval and assurance by the City tha t the pr-oje ct 1Nould e nte il no expense to the Board of Public Instruction. Another letter was read from the Kiwanis Club proposing that the City take steps to ac~uire, by tax title, a strip of land a half-block in depth North and South of Atlantic Avenue and extending from West Fifth Avenue to the Seaboard Railway for the purpose of beautifying same and providing a parked driveway through that section. The Club further offered to cooperate and meet with a committee of the Council for the purpose of discussing and going further into this matter. In compliance with the request, it was moved by 1tt. Miller that a committee of three councilmen be aD"Jointed to meet with a co~~ittee of two from the Ki~anis Club for the purpose of invest- igating further into the feasibility of such a plan. ~tt. Wodischek seconded the motion which carried unan- imously. The Mayor appointed the Parks Committee, as a whole, on said committee. A letter from certain colored citizens commending the action of the Council in not approving bar license on Lot 14 Block 28 and reQuesting that liouor licenses be granted no one in colored town, was read and ordered filed. A letter addressed to the City Attorney from Rhea Whitley, owner of Lot 9 Delray Beach Esplanade, requested permission to c,nstruct boat dock or float in the South East corner of adjacent yacht basin. By motion of 1tt. Hall the City Attorney was instructed to advise applicant that said permission is hereby granted with the understanding that such dock will be removed at any time, at the request of the Council. Mr. Gwynn seconded the motion, which carried unanimously. A letter from H.E. Case asking special con- sideration in the matter of license fee for his colored theatre was submitted and read bv the Clerk. The members considered the license reouired to be in line with that charged for similar businesses and it was therefore moved by Mr. Miller, seconded by Mr. Wodischek and unanimously carried that co=un- ication be filed. An estimate of anproximately $130.00 for water proofing material to cover roofs of City Hall garages, w~ter tank, pump house and Water Plant :lQ1.0 COUNCIL CHAMBER - September 12, 1938 garages was submitted by A.J. Caraker. The immediate need of this material was stressed but it was moved, that before purchase is made, prices be obtained from local dealers in such materials. Mr. F.E. Mackle came before the Council ask- ing that N.E. Fourth Street be repaired where same abuts on the East Coast Canal. He stated he desired to remodel his property at that location and the road, at present was in unsatisfactory condition for motor traffic and cars were unable to get in and out. A long discussion resulted as to the possibility of bulk- heading along the Las Palmas property, the need of protecting Fifth Street from further erosion, and the feasibility of paving alley in the rear to permit ingress to inside Las Palmas lots. As a present means of relief for Mr. Mackle, it was finally moved by Councilman Hall that the City fix up ~Fourth Street, doing a nominal amount of repair work and providing a turn-around at the East end of said street, thus allowing Mr. 1~ckle the desired access to his property. Mr. Gwynn seconded the motion which carried unanimously. Mr. Mackle further recommended that the entire block be bulkheaded, stating he was willing to pay his pro-rata share of the cost if the City could arrange to have it done. y~. Hall considered such work, on ~overnment right-of-way, impracticable because of the impossibility of assessing same to adjacent property owners. Samuel Ogren presented bill for $70.00 against Geo. Carr, incurred on the Playground project, asking what the probability of payment was. He was informed the City had made final settlement on the project and was advised to take the matter up direct with Mr. Carr who had authorized his employment. Howard Cromer reported, in accord with previous instructions by the Council, that he had checked the elevation of fill placed in the alley in rear of Joe Priest's lots on Fourth Avenue and had found same to be approximately three inches higher than would be necessary should the alley be paved. The following ordinance, presented by the Clerk was by motion of Mr. Wodischek, seconded by Mr. Hall and unanimously carried, placed on its second reading. 101i COUNCIL C~IBER - September 12, 1938 ORDINANCE 236 BOOK 4 - . llli ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A FRErnOLDER~S ELECT- ION TO DECIDE v~THER OR NOT THE CITY SHALL ISSUE BONDS eOR THE PlrnpOSE OF RAISING FUNDS TO ERECT A MUNICIPAL BUILDING. The ordinance having been read in full the second time, it was moved by Mr. Wodischek that same be adopted on its second reading and final passage. 1tt. Hall seconded the motion, and on roll call the vote was as follows: 1tt. Gwynn yes, 1tt. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. By motion of Mr. WOdischek, seconded by Mr. Miller and unani~ously carried, the Clerk was author- ized to have required number of ballots printed for the bond election to be held September 27th and members of the Election Board to conduct said election were appointed as follows: Arthur Barton A.L. Neil W.O. Vlinn H.J. Morgan Clerk Inspector Inspector Inspector Mr. G.W. Mayberry addressed the Council ask- ing that something be done in regard to the overgrown condition of lots in the rear of his property, belong- ing to Mr. Plastridge which he contended constituted a grave fire hazard to his home. It was explained by Mr. Hall that these lots wo~ld be cleaned in the course of the present lot-cleaning campaign. Mr. Gwynn asked that the Council take some action to have obstructing sh~crbbery removed from street right-of-way at the Corner of Twelfth Street and Swinton Avenue, around the residence of Chas. C. Hunt, stating that this comDlaint had been brought up before but had never been satiSfactorily r8medied. He said this Shrubbery constituted a real traffic menace especially on Twelfth Street, and therefore moved that the Chief of Police be instructed to notify the owner or his agent that unless said shrubbery is moved out of the street right-of-way the City will remove same at the owner's expense. Mr. Hall seconded.the motion which carried unanimously. Howard 0romer reported the Telephone Company had asked permission to place another pole line on Swinton Avenue, North to Seventh Street. This was needed because it was expected the Florida Power & Light 1.012 COUNCIL CHA1IBER - September 12, 1938 Company would shortly require removal of telephone lines from its poles, he explained. The matter was discussed, but as Mr. Senior stated there was no immediate likelihood of the Telephone Company being required to remove lines from the present poles, tbe ~ambers were opposed to granting said permit. 1fl.r. Cromer was directed to advise the telephone company that the Council objected to the pole line. Asst. Supt. Cromer reported tbat only about eight or ten more days' work remained on the present beautification proiect and asked if the Council desired another similarpr~gram to follow the present nroject. All members c~nsidered it a worth-while project and it was moved by Mr. Wodischek, seconded by Mr. Miller and unanimously carried that another beauitifcBtion project be worked up and submitted to the 'N.P.A. Office. Mr. Cromer reported also on proposed project for bulkheading, from" the Canal bridge South through the Voorheis' property, and general beautification of property adjacent to the yacht basin. It was moved by Mr. Hall, seconded by Mr. Wodischek and unanimously carried that Howard Cromer proceed with the project, as outlined, and that the Mayor be empowered to sign application for same. The following ordinance submitted by the City Attorney and upon motion regularly made, seconded and carried, placed on its first reading. ORDINANCE 239 BOOK 4 AN ORDINANCE CONFIF<MING AND EQ,UALIJHNG ASSESSMENTS FOR THE GRADING AND PAVING OF SOUTHEAST SEVENTH AVENUE IN THE CITY OF DELRAY BEACH, FLOf.IDil, BEGINN- ING 175 FEET SOUTH OF THE SOUTH PROPERTY LINE OF SOUTHEAST TInRD STREET "~D EXTENDING TO A POINT 554 FEET SOUTH OF THE SOUTH PROPERTY LINE OF SOUTHEAST THIRD STREET AND LEVYING SPECL\L Il;;FFOVE~;IENT ASS];SSMENTS AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL r:?ROVEImNTS; PROVIDING THE METHOD SAID SPECIAL ASSESEThlENTS SHALL BE MADE; THE THill "/HEN THE SAME SHALL BECOM:E PAYABLE; THAT "'AID ASSESSMENTS TO BE LEVIED SHALL BE A UEN FROM THE DATE OF THE ASSESSMEr~ UPON THE RESPECTIVE LO~S DESCRIBED IN SAID ASSESSMENT ROLL AND SET FORTH HEREIN; THE MAN1{ER IN ''JHICE SAID ASSESSMENTS P~E TO BE COLLECTED AND PROVIDING FOR THE ISSUANCE OF SPECXAL CERTIFICATES OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE 1.013 COUl~CIL CIL~IBER - September 12, 1938 ASSESSABLE PROPERTY AND FROVIDING TK~T THE CITY llAY TRANSFER Al'<'D DELIVER A PORTION OF :':AID "PECIAL CERTIFIC,TES OF INDEBTEDNESS TO THE CON'T'RACTOR IN P'lYMENT OF C AID SPECIAL Th'FHOVEMENTS. (Boykin contract) The ordinance having been read in full, it was moved by Mr. ~odischek, seconded by Mr. Miller and unanimously carried that same be passed on its first reading. The following re[;olution Wi~S also, by motion regulJ.rly iKlde, ,'econded L'ne) e'crrieeJ, adopted by unanimous vote of the Council. RESOLUTION 240 BOOK 4 ~ A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF DELRAY EE'\CH, FLOBID." ORD}%ING THE CONSTRUCTION OF CERTAIN SIDKNALK IMPROV}1JENTS (ocean Park Sidewalk) ]Ar. Nowlin discussed with the members the Miserocchi suit in which plaintiff seeks to set aside certain improvement lien certificates because part of the right-of-way so improved was Appropriated by the City without compensation or deed from the owners thereof. He asked if the City desired to make any offer of settlerrent for the property taken. It was considered wise to make no compromise offer in the matter, and the City Attorney was so instructed. By motion of 1tt. ~odischek, seconded by WIT. Miller and unanimously carried, the following resolution was adopted, by unanimous vote of the Council. RESOLUTION 241 BOOK 4 A RK;OLUTION OF THE CITY COUNCIL OF THE CITY OF DEL RAY BEACH, FLORIDA, ORDERING THE CONSTRUC'TION OF CERTAIN 2TREET Il{:- PROVUEI,NT 'ilOHK. (Gleason 3t. Fill) By motion of 1tt. WOdischek, seconded by 1tt. Miller and on roll 09,11 unanimou21y carried, the following resolution was adopted: HESOLUTIOl>! 235 BOOK 4 1.01.4 COUNCIL CHAMBER - September 12, 1938 A RESOLUTION ACCEPTING PLANS A1~ SPECIFICATIONS OF THE CITY ENGINEER FOE CEFcTAIN STREET DTFROThllIE~,T 'YORK TO BE CONSTEUCTED ON SOUTHEAST EIGHTH AVENUE (PALeY, AVENUE) AND ALSO THE ESTI~~TED COST OF TP~ PROPOSED I1~hO'n~ENT3 ~~ICH IS SET FORTH IN SAID PLANS AND 3PECIFIC:\.TIONS (Palm Ave. ) By motion of 1tt. 'ilodischek, seconded by Mr. Miller and on roll call unanimously carried, the following resolution was adopted. RESOLUTION 242 BOOK A. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BFACH, FLOftIDA, ORDERING THE CONSTEUCTION OF CERTlUN STREET IM- PROr~5E~~ WORK. (Palm Ave.) Upon recommendtion to Councilman Hall, it was agreed to donate $50.00 to Florida National Exhibits, Inc., and upon motion of Mr. Hall, seconded by ~~. Wodischek and unanimously carried on roll call the following resolut.ion W8,S adopted. A RESOLUTION OF THE CITY OF DELRAY, B~ACH, FLORIDA, AUTHOFIZING THE APPRO- PRIATION OF FIFTY DOLLARS FROM THE PUBLICITY ?JND TO BE PAID TO FLORIDA NA'rION,\I, EXHIBITS, INC. "lHEREAS, the Florida Na tion'11 Exhi bi ts, Inc., has requested the City of Delray Beach to set aside, by resolution, whatever sum the said City of Delray Beach, Florida, is willing to contribute to the Florida National Exhibits, Inc., and Vi'HERE:iS, the Ci ty Council of Delray Beach, Florida, is of the opinion that it is for the best interest of the City that a donation of fiftv ($50.00) dollars be made to the Florida'National Exhibits, Inc., for the purpose of helping to defray the expenses of t~e Florida State exhibit at the 1939 New York ~orld's Fair. NOW, THEImFORE, BE IT RESOLVED By the City Council of the City of Delray Beach, Florida, that the said sum of fifty ($50.00) dollars is hereby pledged to the said Florida National Exhibits, Inc., which said sum will be paid out of the money appropriated for. publicity in the 1938-1939 budget. ,. 1015 COUNCIL CF~,GER September 12, 1938 DONE AND ORDERED in regular session on this the 12th day of September, 1938. It was moved by Mr. WOdischek, seconded by Mr. Miller and unanimously carried that the Clerk be authorized to pay Mike Blank $100.00 on Delray Tropical Nurseries' account for trees and shrubs supplied on the beautification project. The following ordinance Was introducted by Mr. Hall, and by motion regularly made, seconded and carried placed on its first reading: ORDINANCE BOOK 4 AN ORDIN1~CE TO PROVIDE FOR THE LICENSING OF SKILLED LABORERS, CRAFTm~EN, FOREMEN AND 2lJPERINTEl'IDENTS OF SKILLED LABOR AND CRAFTS LABOR. The ordinance having been read in full by the Clerk, it was moved by Mr. WOdischek, that same be passed on its first reading. Mr. Gwynn seconded the motion, and on roll call the vote was as follows: Mr. Gwynn yes, 1tt. Hall yes, y~. Hill yes, Mr. Miller yes and Mr. Wodischek yes. The motion/'6'1irried. On motion of Mr. WOdischek, seconded by Mr. Gwynn and carried on a four-fifths vote of the Council, bills numbered 3351 to 3406, having been O.K'd by the Finance Committee were returned to the Council and ordered paid. Council regularly adjourned. ~,fOJA)'c'~ City Clerk APPROVED: Mayor