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11-28-38 Regular 1.067 COUNCIL CHAMBER November 28. 1938 The Counoil met in regular session at 7:30 P.M. with the City Attorn.y and all members present. The minutes of the meeting of November 14th were approved as read. The Clerk read a oommunioation from Mrs. M.C.K. Sterling oomplaining of the mosquitoes and sandflies on the beaoh and asking that the Counoil do something to stop the breeding of these pests. whioh she thought was largely due to a fifteen aore area of standing water in the lowland baokother property. , Her oommunioation also called the Council's attention to the fact that a sidewalk, built at her expense in front ot her property several years ago, at the demand of the City, had been removed. She considered she should be reimbursed for the cost or at least given the oement slabs, which she stated she had definite use tor. A prolonged discussion ensued regarding the standing water on the Zook muck lots, East of the Canal. with its attendant mosquito and sand fly problem. The Council oonsidered no permanent remedy could be affeoted exc~pt by filling in this low area. As a temporary relief the City Engineer recommended digging of small lateral ditohes whic~ he said would permit the whole area to be flooded during high water and drained at low tide. This work had been started at one time, he said. but discontinued apon complaint ot John Adams. attorney for Mr. Zook. " Upon motion of Mr. Hall seconded by Mr. Wodischek and unanimously carried, it was recommended that the City engineer work out a plan or project adequate to bring this whole area under control; and that he submit suoh plan to the City Attorney to see if it cannot be oarries out and the cost assessed against the property. A letter and a petition from sixteen residents in the Northeast seotion of town was read. which protested against the establishment of a tourist oamp between the Federal Highway and N.E. Seventh Avenue, as applied for at last Council meeting, whereupon it was reported by , 1.068 COUNCIL CHAMBER - November 28. 1938 t members of the Counoil that at an informal meeting held on November 17th for oonsideration of said Cascio appli- cation, same had been disapproved and permit refused. The Clerk was instruoted to so jd'orm petitioners. A letter from the Kiwanis Club endorsing the pro~osed Childrens Playground Project. and pledging its lOO~ support and oooperation, if needed, was read by the Clerk. It was moved bY Mr. Wodisohek, seconded by Mr. Gwynn. and unanimously carried that the Clerk reply to the communication, thanking the Club for its support and advising that the Council will be glad to call on it at any time its members can be of service on said projeot. A letter was read from C. Y. Byrd. attorney rlilr L.S. Wilson, who, it was stated, had purchased Block7ror the purpose of using same as a driving range, and asked that the Council allow City taxes to remain delinquent until such time as a fair and equitable settlement can be made on same; also asking that the City Council request the Power and Telephone companies to move the poles and wires which now run East and West across said block to the North boundary of said property. It was moved by Mr. Gwynn that the Council's previous instructions be rescinded and to suspend tore- closure action on tax liens covering said property. Mr. Hall seconded the motion and on roll call, the vote was as follows: Mr. Gwynnyes. Mr. Hall yes. Mr. Hill yes. . Mr. Miller yes and Mr. Wodisohek yes. The motion carried. A letter was read from Mr. Zook recommending that the Council pass a resolution demanding that the government build a bulkhead through town to prevent the overflow of the canal on abutting lands. It was moved by Mr. Gwynn seconded by Mr. Hall. and unanimously oarried that the communication be filed until Mr. Zook arrives in Delray. The Clerk then presented nominating petitions of candidates to be toted on for the offices of Council- men in the approaching election, whereupon the following resolution was introduced. . WHEREAS, Article 14, Section 131 of the City Charter of the City of Delray Beach fixes the first Tuesday in Deoember, 1938 as the date for holding the City ot Delray Beach primary election; and WHEREAS, A.L. Miller has filed with the City Clerk within the time prescribed by the City Charter 1009 COUNCIL CHAMBER - November 28. 1938 his petition, signed by more than fifty registered qualified voters, as candidate for the office of City Councilman, Class nAn. and the City Council finds A.L. Miller to be a qualified e>>dtor of the City; .and .. W~. Frank Crego, J.K. Gwynn, E.H. Scott and C.C. Turner have filed with the City Clerk within the time prescribed by the Charter their petitions. signed by more than fifty registered qualified voters. as oandidatesdfor the office of City Councilman. . Class nDn. and the City Council finds the said Frank Crego. J.K. Gwynn. E.H. Soott and C.C. Turner to be qualified electors of the City; and WHEREAS. D.M. Bradshaw and F.W. Wodisohek have filed with the City Clerk within the time prescribed by the City Charter their petitions, signed by more than fifty registered quaEtied voters. as candidates for the offioe of City Councilman, Class nEn. and the City Council finds the said D.M. Bradshaw and F.W. Wodischek to be qualified eleotors of the City. and in WHEREAS, Class nDn there are four candidates qualified for the office of City Councilman, thereby requiring a primary election to be held on December 5th, 1938 in this Class; NOW, THEREFORE. Be it Resolved, by the City COuncil of the City of Delray Beach, Florida. that the above named petitioners be declared the regular quali- fied candidates fo~ the respective office of City Councilman in Class nAn, Class nEn and Class no"; and BE IT FURTHER RESOLVED. that the City Clerk be and is hereby authorized to cause to be printed offioial primary eleotion ballots for the special primary elect- ion to be held on Tuesday, December 6th. 1938. said special primary election ballots to set forth the names of Frank C~ego, J.K. Gwynn. E.H. Soott and C.C. TURNER in Class nDn; . BE IT FURTHER RESOLVED. that the name of A.L. Miller, who has filed his petition, and has qualified in Class nAn for the office of City Counoilman, be declared as qualified for the general eleotion to be held on Deoember 20th, 1938. there being only one person qualified in said Class nAn; BE IT FURTHER RESOLVED. that the names of n.M. Bradshaw and F.W. Wodisohek. who have filed their petitions. and have qualified in Class "En for the 1.070 COUNCIL CHAMBER - November 28. 1938 offioe of City Counoilman. be deolared as qualified for the general eleotion to be held on December 20th, 1938. there being only two persons qualified in said Class nEn. BE IT FURTHER RESOLVED, that W.O.Winn, be appointed as Clerk, and A.L. Neil, R.H. North and W.E. Wilcox be ~ppointed Inspeotors to hold said primary eleotion in the Firemen's Hall on Tuesday, Deoember 5th, between the hours of 8:00 A.M. and 6:00 P.M. Eastern Standard Time. BE IT FURTHER. RESOLVED that the City Clerk is hereby authorized to pay said Clerk and Inspeot- ors for their services rendered in holding said eleotion, the sum of $4.00 each, and furnish one meal. The Clerk wa~ questioned as to whether all oan- didates had complied with charter requirements govern- ing oandidates for eleotion. She stated the petitions all had the required number of bona-fide resident eleotors' signatures and that the oandidates themselves were bona-fide resident eleotors but that her records were not conclusive proof as to whether candidates were aotual property owners. The Counoil oonsidered this requirement to be an obligation of the individual oan- didates rather than a qualifioation to be determined by the Council sinoe members had no way of definitely knowing who did or did not own real estate. It was finally moved by Mr. Hall. seoonded by Mr. Miller and on roll oall, unanimously carried that the petitions be aooepted and the resolution, as introduced, be adopted. The Building Inspeotor submitted application of Dr. Braley for permit to ereot a neon sign in the parkway between sidewalk and street in front of the Kentucky House. The City Attorney was asked if any liability would attaoh to the City inoase of acoident due to the Sign and he assured the Counoil that the City would in no way be held liable. It was therefore moved by Mr. Hall, seoonded by Mr. Wodisohek and on roll oall unanimously carried. that permit be granted on condition that sign be removed at any future date, upon request of the Council. , An application of Roland Harrison for permit to oonstruot a two story frame house in rear of the present two story stucco dwelling on Lot 20 Block 2 Ooean Park was presented by the Building Inspector. The lot, a small one only 33.3' wide allowed for only a two-foot South side yard instead of the required five feet and permitted very little spaoe between dwellings. Mr. Miller considered suoh olose proximity of frame structures to be a fire hazard. and mov.dt~at the l071. COUNCIL CHAMBER - November 28. 1938 application be filed for further consideration and study. As there was no second" t.o Mr. Miller's motion, Mr. Hall then moved that a oommittee, with power to aot.be appointed to view the property and the Mayor be authorized to instruct the Building Inspector. in aooord with the Committee's oonelusions. as to the granting of this permit. Mr. Gwynn seconded the motion which carried unanimously. The Fire Chief reported his department had answered a fire call from Ewing's Tourist Camp. South of town on November 12th. using only the Dodge Truck and five men. He asked what should be Charged for this outside call and was instruoted to make the regu~ar . 50.00 charge agreed upon previously as a fee to be Charged for answering fire calls, outside the City limits. An applioat.1on to re-roof house on Lot 9 Block 109 with wood shingles was refused by the Council. wood shingles being considered too much of a fire hazard so olose in. . An application,from the Beaoon Hotel of Miami Beach for permit to erect a sign on the Federal High- way was presented br the Building Inspector. Members of the oounoil expressed themselves as opposed to any signs being ereoted on the highway and it was moved by Mr. Hall. seconded by Mr. Gwynn and unanimously oarried that the applioation be not granted. The Fire Chief requested that a oommittee of the Council be appointed to meet with the Firemen to oonsider the granting of privilege to operate a Skating rink in the Firemen's Hall. He said wooden wheels were to be used and same would not run after eleven o'olock at night. He said many repairs were needed on the hall and probably this would be a means of raising some revenue and he would therefore like a oommittee to go over the objectionable features of same, to see if smme agreement oould not be reaohed whereby permission might be granted. Abraham George raised objeotion to same, and after some further dis- oussion, it was moved that a oommittee composed of Councilman WOdisohek, Gwynn and Miller meet with the firemen and report back to the Council as to its re- commendations. A petition from residents of Palm Square was presented, aSking that a light be provided on Eighth Avenue midway between Atlantio Avenue and Southeast First Street, and the Chairman of the Light Committee requested the Clerk to notify petitioners that this light had already been ordered and would be installed in due time. 1.072 COUNCIL CHAMBER - November 28th, 1938 J.M. Cromer addressed the Council reoommending that storm sewers be oonstruoted on Atlantic Avenue from the Canal to the Ooean Ridge, which would serve the two-fold purpose of draining the low land in that area and carrying off the overflow from private septic tanks of homes in that looality. This was discussed briefly, it being the opinion of the Council that this would prove unsatisfaotory and the only adequate arrange- ment would be the installation, eventually, of an exten- sive sewer system with settling house for treatment ot sewerage and pumps tp pump it into the Canal. No action was taken by the Counoil. Grover C. Baker 'appeared, in behalf of the American Legion, asking that permission be granted said organization to operate a Bingo game on the lot West of the Hill Eleotrio Company, beginning January 6th. This, he explained, would be after the holiday buying season and therefore would not oonflict with looal merohants. Upon assuring the Counoil that the operation of same had proved of finanoial benefit to the Legion last year, it was moved by Mr. Hall that sinoe same was striotly a non-profit affair, the Legion be granted free permission for its operation. Mr. Gwynn seconded the motion whioh carried unanimously. Upon motion made by Counoilman Wodischek and seconded by Councilman Miller, the following Resolution was duly passed and adopted: I RESOLUTION 252 A APPROVING A PROPOSED LETTER AGaEEMENT WITH FLORIDA POWER &. LIGHT COMPANl AMENDING SECTION 4 Bl!' THAT CERTAIN STANDARD LARGE POWER AGREEMENT NOW IN EFFECT BETWEEN THE CITY AND SAID COMPANY DATED THE 9TH DAY OF JULY, A.D. 1934, COVERING ALL POWER AND ENERGY REQUIRED FOR AND IN CONNECTION WITH THE CITY'S MUNICIPAL WATER PUMPING SYSTEM LOCATED IN DELRAY BEACH, FLORIDA, AND SETTING UP 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 THE SAID PROPOSED LETTER AGRli:'Ir.MENT WITH THE FLORIDA POWER &. LIGHT COMPANY~. Mr. Hill explained that this was necessary due to the faot that the Power Company was ohanging the entire system from 2300 volts to 4000. The Clerk reported that bids had been asked for painting the beaoh paVilion but that no bidders had 1073 COUNCIL CHAMBER - November 28th, 1938 , applied, whereupon Mr. Hall moved that the Parks Committee be authorized to have this work done at the best price obtainabie. A. George oomplained that the Atlantio Avenue bowling alley opel'a ted sometimes until two and three o'clook in the morning and was an annoyance to those in the neighborhood trying to sleep. It was theretore moved by Mr. Hall that the Chief of Polioe notify the owner that same must not be operated after midnight. Mr. Miller seconded the motion, which carried unanimously. The City Clerk reported that the City's Ocean Park lot being advertised for sale should be sold sub- jeot to an easement for public utilities and a five- foot strip mh the East line for Street purposes, to conform with adjoining properties and it was recommended that the required footage be reserved for these purposes. Counoilman Wodischek reported that C.N. MacLaren had requested authority to construct a sidewalk East and West aoross Palm Avenue. in Ocean Park, thereby connecting up the recently oonstruoted Atlantic Avenue sidewalk and filling in the break at that point. Mr. MacLaren to assume half the oost and the City half. After a brief discussion Mr. Wodischek moved that the request be granted. Mr. Gwynn seconded the motion, which carried unanimously. Howard Cromer reported he had found, upon survey. that Mr. MacLaren's fenoe was built out into the street a distance of approximately ten or twelve inches. The Chairman of the Light Committee reported. that in order to supply street lights at oertain required looations in Ooean Breeze Subdivision it would be neoessary to run approximately two thousand feet of line and install two lights at a cost of approximately $75.00 to $100.00. .In discussing the oost &0. it was explained by Mr. Senior that said line extension would also provide for installation of additional lights when needed. It was finally moved by Mr. WOdisohek. seoonded by Mr. Hall and unanimously oarried, that we advise the develope~s of said property that the City will maintain these lights if they will pay the oost of installation. Mr. Hall seoonded the motion whioh oarried unanimously. The Chief of Polioe made the following recommend- ations to the Counoil. as remedies for some of the City's traffic problems: 1.074 COUNCIL CHAMBER - November 28th. 1938 , That the alley running West from Southeast First Avenue to Swinton in the rear of the post offioe be paved to relieve traffio in the vicinity of the sohool and take it off of Atlantic Avenue; also mak- ing the parking spaoe West of the Post Office more easily available. That a bioycle raok be installed at the post offioe to avoid the wrecking of bicyoles by cars, whioh had oocurred a number of timearecently. That the alley in th~ear of the Colony Hotel be paved for use Of trucks thereby keeping such traffic off the main thoroughfare. That the alleys baok of Bob's Bar, and at the Rista Hotel also be opened to provide truck routes in that area thus eliminating suoh traffio from Atlantic Avenue as much as possible. He further reoommended that a traffic light be provided at the Beaoh pavilion. a small light at the interseotion of'Atlantic Avenue and Blackmer streets and a synohronized traffic light at the interseotion of N.E. Seoond Street and the Federal Highway. Counoilman Ball said these reooMmendations were all good and desirable ones but that the City was finanoially unable to pave all these alleys. He believed something should be done to the one in the rear of the Colony Hotel, however. The neoessity of a light or some safety measure at the interseotion of Atlantic Avenue and the Beaoh Boulevard was disoussed at length, with the result that Mr. Miller finally moved that a traffic light be purohased at the best possible price. Mr. Wodisohek seconded the motion which oarried unanimously. It was further suggested that the Clerk communioate with the Town of Boynton, which it was stated. had a seoond hand traffio light that might suit and could be purchased. cheap. Mr. Miller then brought up the matter of appointing a committee of oitizens to work with the Counoil in attempting to work out some a~rangement with the City's bondholders whereby a reasonable millage oould be obtained for this year. He reoommended that the Counoil ohoose only three appointees and that these three seleot the two remaining members of said oommittee. Other members were of the opinion that the Counoil should abide by the tenor of the motion made at the oitizens' meeting and appoint the entire five members. 1-07t \".' COUNCIL CHAMBER - November 28th, 1938 Mr. Hall suggested that each Councilman write down his ohoice of members for this oommittee. This method was used with the result that the following citizens were appointed on said oommittee: Charles D. Boughton.'W.O. delks, E.M. Wilson, H.A. H~bbard, and Paul Rehr. The Clerk was instruoted to notify these members that a meeting of this joint oommittee would be held November 30th at 7:30 P.M. Mr. Hall said that sinoe the CitY~Uld colleot very little operating taxes, some plan must be provided for such necessary revenue, and recommended that monthly charges be made for Sanitary inspection and garbage oollection services. In this connection he offered the following ordinanoe; and on motion regularly made, seoonded and carried it was placed on its first reading. ORDINANCE BOOK 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING REGULATIONS FOR THE COLLECTION AND DISPOSAL OF GARBAGE, TRASH AND REFUSE IN THE CITY OF DELRAY BEACH; FIXING :mD PROVIDING FOR A SERVICE CHARGE FOR SANITARY INSPECTION AND GARBAGE COLLECTION SERVICES REN~ DERED TO PROPERTY OWNERS AND RESIDENTS BY THE CITY OF DELRAY BEACH. FLORIDA; REGULATING THE RATES THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The ordinanoe having been read in full the first time, it was moved by Mr. Hall, seconded by Mr. WOdisohek, and on roll oall unanimously carried that same be passed on its first reading. It was moved by Mr. Hall that after the month of November City Councilmen aooept an order on the City treasury in lieu of Cash payment of salaries. ~m~mm~A~~mm~m~~~~~t~~~m,m~~m,mMhM~.m~. Q~~~mMm~m~~~NmmmmrnmmmN~mmm~.~. The motion was seoonded by Mr. Miller and unanimously carried. It was moved by Mr. Wodisohek that bills numbered 3633 to 3664. having been O.K'd by the Finance Committee be referred baok to the Counoil and ordered paid. Mr. Miller seoonded the motion whioh carried unanimously. It was regularly moved, seconded and carried that Council adjourn. APPR~ ~ 'C~.0J2cfi'k a ~