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12-12-38 Regular :lOse COUNcn CHAMBER December 12, 1938 , The Council met in regular session at 7:30 P.M. with the City Attorney and the following members pre- sent: Mr. Hall, Mr. Hill, Mr. Miller and Mr. WOdischek. The minutes of the regular meeting held November 28th and the special meetings of December 5th and 7th having been read, it was moved. seconded and carried that those of November 28th be corrected to show that the roll was called on Mr. Hall's motion to adopt ordinanoe 254, providing regulations for garbage dis- posal, and that on such roll oal1 the vote was as follows: Mr. Gwynn yes. Mr. Hall yes,Mr. Hill yes. Mr. Miller no and Mr. Wodisohek yes. c:_ A communioation fromWm. Needham and a petition. signed by sixteen Salina Avenue property owners. pro- testing the issuanoe of a permit for a 2-family apart- ment in the rear of the present 2-story dwelling on Lot 20 B100k 2 Ooean Park, was read by the Clerk. Mr. C.Y. Byrd appeared. also, in the interest of said property owners, asking that the petition be referred to a committee to see if an ordinanoe couldn't be drawn embodying the things requested in the petition; a1s~ requesting that, should suoh a permit be applied for it be referred to a oommittee, and that the petitioners be given an opportunity to appear and dis- cuss the issuanoe of same with said oommittee. It was finally moved by Mr. Hall that the petition be filed with other such requests and given oonsideration at suohtime as an amendment is made to the zoning ordin- anoe. Mr. Wodisohek seoonded the motion which carried unanimoUSlY.) A request was read from K.M. Davis. Trustee of the Local Sohoo1 Board. asking that a dry-well be dug to eliminate the pool of stagnant water in front of the high sohool bUilding. It was moved by Councilman Miller that Mr. Baker do whatever is necessary to pro- vide drainage at this plaoe. Mr. WOdisohek seoonded the motion which carried unanimously. A written request from George Smith and S.D. Spady that they be granted permission to operate a Bingo Game for the benefit of the Colored Sohool was reoeived, whereupon it was moved by Mr. Wodisohek that permission be granted subjeot to the same oonditions ,." :lO~ ~ COUNCIL CHAMBER - December 12. 1938 , as stipulated in previoua permit, viz. that it be operated under the supervision of Professor Spady, same to be disoontinued at any time, upon request of the Council, and that the applicants be required to olean up the lot afterwards. A petition was submitted from Delray Beaoh sohoo1 children requesting the Council to issue permit for the operation of a roller skating rink at the Fire- men's Hall, also a oommunioation from the Christian Schienoe Churoh asking that same be not operated during hours of church service. The Fire Chief assured the members that the hours of operation would be so rest- ricted and it was intended to run same only on Thursdays, Fridays and Saturdays; further that said permit was being given with the understanding that, if at any time, thecitizens needed the hall for any purpose on those partioular nights. that upon one day's notice the hall would be left free for such purpose. He reported, too, that Same would close, each night, at 11:00 o'clock and that there would be a release drawn by an attorney, freeing the City and the Fire Department of all liability in case of accident. Should the floor show signs of damage as a result of its use as a skating rink, Mr. Cook said such use would be discontinued. It was finally moved by Mr. Hall that the Fire Department be permitted the use of the hall every Thursday, Friday and Saturday, up unti1\ ~1:00 P.M.. for the purpose and under the terms stated by Mr. Cook. Mr. Wodischek seoonded the motion. which carried unanimously. The following report by Engineer Cromer on the Beaoh Boulevard project, was read by the Clerk. December 12th, 1938 TO THE HONORABLE CITY COUNCIL: . By co-ordinating the efforts of four govern- ments i.e., the Federal Government through the W.P.A., the State Government through State High~ way Department maintenance, the County through Mr. C.Y. Byrd and the City, we have completed the widening of South Ocean Bou16vard, construoted 2000 feet of reinforced concrete curbing and constructed an eight foot sidewalk from Miramar Drive to South City limits. The immediate cash outlay on the part of the City amounts to $652.95. From this amount could be deducted several items whereby the City has benefited suoh as, the fill on the North side of Atlantio Avenue which the City would ultimately received thirty (30~) cents per cubic yard, a large 108~ COUNCIL CHAMBER - December 12, 1938 amount of Gleason Street fill. and about 3000 board feet of used 2x6 which is being used to reconstruot the boardwalk. It is particularly called to your attention that at current prices a contract for the work involved in this improvement would have undoubtedly been in excess of $12,500., thus making the City's cash outlay amount to only about 5% of the value of this improvement. Yours truly, H. Cromer Mayor Hill said he considered a vote of thanks should be extended The State Road Department, the County and to the W.P.A. for the help rendered in effecting this improvement which had greatly improved the appearance of the whole South Beach. It was therefore moved by Mr. Hall that the Mayor's rGmarks be incorporated within the fallowing resolution and oopies of same sent to these authorities. Mr. Miller seconded the motion which carried unanimously. RESOLUTION 254 ~ A RESOLUTION OF THE CITY COUNCIL EXTm\;DING A VOTE OF THANKS FOR ASSISTANCE RENDERED IN PERFECTING THE WIDTH OF SOUTH OCEAN BOULE- VARD FROM MIRAMAR DRIVE, SOUTH, TO THE CITY LIMITS. .,c: John Adams, in the interest of his clients. C.H. & Mrs. Edith E. Parker, came before the Council asking consideration in the settlement of Street Pav- ing lien of $122.67 assessed against Lot 1 B100k 2 Ocean Park. He contended that this lot had been assessed out of proportion to other Salina Avenue lots. considering the benefit derived therefrom, and there- fore requested that some adjustment be made on said assessment. If the Council did not see fit to cancel the entire lien he asked that the same basis of settle- ment be allowed as accepted in payment of delinquent improvement liens in Ward 2. After consideration it was moved by Mr. Hall that the owner be permitted to settle said lien, without penalty, on the Same basis as permitted on property lying West of the Canal, viz. for twenty-five percent of the outstanding amount. Mr. Hall explained his motion was predicated on the fact that Mr. Parker had deeded 2 feet 8 inches of valuable Atlantic Avenue frontage to the City for such street widening. Mr. Wodischek seconded Mr. Hall's motion, whioh on roll. oarried unan~ously. 1083 COUNCIL CHAMBER - Deoember 12, 1938 The Building Inspector submitted requests for special permits which were disposed of as follows: Application of Miss Lewis to erect a 4x4 sign tn the public Parkway outside the Green Hen was, by motion of Mr. Miller, seconded by Mr. Hall and unan- imously carried granted, on condition that sign be removed, at any time, by order of the Council. The Building Inspector was further authorized in future to issue permits for signs to be erected on public right-of-way with the proviso "that same shall be removed at any time by order of the Council." /~ Application by Mr. Mack1e for permit to build (/ a 14x18.6' addition of an office room on the West side of the present building located in the N.W. Corner of Block l41, was granted by motion of Mr. Miller. seconded by Mr. Hall and unanimously carried, said permit being granted subjeot to the same rentrictions and conditions incorporated in permit No. 774 issued May 17th, 1938. Permit for an addition to the frame filling station located on the Northwest Corner of Block 29; same to be used as a hotdog Etand, was by motion of Mr. Hall, second~d by~. Miller and unanimously carried granted, subject to installation of plumbing satisfactory to the Sanitary Inspector and on condition that said temporary structure be torn down in May, as previously agreed. Mr. F.E. Mack1e then addressed the Counoi1 asking the members to reconsider its previous motion of October 14th by which it was agreed to allow him to settle all taxes and liens against Lots 15 to 24 Block 74 for $500.00. He said that, after two months' endeavor to get the title of this property straightered out, it was evident that he would be unable to acquire title to lots 23 and 24, and for this reason would like the settlement pro-rated accordingly. He therefore asked the Council to accept $400.00 in settlement of the other eight lots and also that said property be assessed on the 1939 roll as vacant lots because it would be impOSSible, a~ this late date, to start any con- struction until after the first of the year. It was moved by Mr. Hall that the settlement apply only on the lots to which Mr. MackIe will get title and that the. condition of the previous settlement, viz. that these lots be assessed on the 1939 roll as improved property be stricken out. Mr. Miller seconded the motion, which carried unanimously. It was moved by Mr. Wodischek. seconded by Mr. Miller and unanimously carried that the following resolution be ad&pted: 1084 COUNCIL CHAMBER - December l2. 1938 WHEREAS Mrs. Jane Cremata, peputy Clerk of the City of Delray Beach, has occupied this position since July, 1935 without bond and it is now our desire that she be bQnded in a bonding company acceptable to the City of Delray Beach; and it further appears that the said Mrs. Jane Cremata has made application to the Glens Falls Indemnity Company of Glens Falls. N.Y. for bond in the penalty of $1000.00 and said Glens Falls Indemnity Company desires a cut-off from any previous liability from the date of their bond to-wit, January 1st. NOW THEREFORE. BE IT RESOLVED that the said Glens Falls Indemnity Company of Glens Falls, N.Y. is relieved of any liabilitywhatsoever from any acts of comission or commission or shortages of any of Mrs. Jane Cremata, Deputy Clerk prior to the date of their bond January 1st, 1939. The Clerk presented a request by Matt Gracey tnat the City put a price on its lot located in Del- Ida Park, viz. Lot 22 Block I. It was moved by Mr. Miller, seconded by Mr. WOdischek and unanimously carried that applicant submit to the Council appraisals on said lot by three lioensed realtors. Mr. Wodischek seconded the motion whichcarried unanimously. The City Clerk reported that sale of Lot 7 Block 2 Ocean Park had been duly advertised for December 5th, but that no bidders had appeared at said sale. A Communication was read from E.A. Nessler in regard to assessment of $86.00 for street improvement in front of his property, whioh he claimed Mr. Helland had no right to authorize. Upon being questioned, the City Engineer stated that unless this filling and paving had been done, a pocket would have resulted, from the raising of surrounding lots. and allowed water to drain and stand on Mr. Nessler's property. It was reoOmmended that the City Engineer write and explain the situatiQn and ,the need of this work, to Mr. Nessler. y Mr. Tackaberry made some objection to construct- ion of the proposed Atlantic Avenue sidewalk adjacent to his Seabreeze Park property, stating that the land was undeveloped and he saw no need for such a walk. but that he was willing to do whatever the City and adjoining property owners considered necessary. He stated, also, that he hoped the City could proceed to have certain vacant lots cleaned in the vicinity of his property. .1.085 COUNCIL CHAMBER - December 12, 1938 ), Grover Baker came before the Council asking what the members proposed to do about the East Atlantic Avenue sidewftlk construction. stating that his contract called for the building of the walk as a whole and not by piecemeal construction. He asked that the members instruct him as to whether he should proceed at onoe with his contract. The City Attorney explained the hold-up was due to the fact that he had been unable to find where the City owns the right-of- way over which they propose to build the sidewalk. A long discussion then enslled as to the City's rights by reason of recorded and unrecorded plats, present location of sidewalk on South side of Atlantio Avenue &c. after which Mr. Hall moved that the entire question of sidewalk be laid on the table pending further information and data as to just where the City stands in the matter of right-of-way. Mr. Miller seconded the motion which carried unanimously. It was recOmmended that the City Attorney find out what he can about same and Grover Baker agreed to assist him unofficially. C.A.B. Zook came before the meeting asking that the Council take some action in forcing the Govern- ment to bulkhead the canal to prevent overflow by the Canal and erosion of abutting lands. He stated he had suffered ten thousand dollars' damage in palms and nursery stock as a result of the flooding of his lands by canal waters. Mr. Hall said this was a big question to be considered and not one that could be taken up casually. He said the City was not prepared to go into it until some survey and report could be made by the City Engineer. The Clerk reporte~hat Mrs. H.A. Hunt had requested a light at her place on the Ocean Boulevard. In discussing same. 'Mr. Senior said the placing of such a light would necessitate the cutting down of some of her pine trees, therefore no action was taken. The light Committee was authorized to have five additional lights, as previously recommended, put into service at once; also to have the four extra white- way posts removed at the intersection of Atlantic Avenue and the Dixie Highway. The City Attorney reported that he had investi- gated the title on acreage which O.D. Priest claims to own inside the Municipal Golf Course, and had found that the Lake Worth Drainage District has title to 3k acres, aoquired through drainage tax foreclosure. He said probably Mr. Priest held an unrecorded deed from the Drainage Distriot for same. It was recommended that the City Engineer ascertain, for certain, just where this land lies. t 108{ COUNCIL CHAMBER - Deoember 12, 1938 Mr. Nowlin reported he had started tax fore- closure proceedings on all properties, as previously instruoted several months ago, with the exception of the oemetery and Lake Ida properties. He said these foreclosure instructions had been in the form of a motion and aocording to the charter a resolution was required, therefore he submitted the fOllowing reso- lution and on motion of Mr. Hall, seconded by Mr. Wodischek and unanimously carried, same was adopted. RESOLUTION 253 BOOK 4 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS FOR COLLECTION OF TAX SALE CERTIFICATES HELD BY THE CITY OF DELRAY BEACH. No one having appeared to protest or object to the assessment plaoed against Lots 8 and 28 and 29 Block l25 for street improvement, the following ord- inanoe, submitted by the City Attorney, was upon motion of Mr. Wodischek,seoonded by Mr. Hall and unanimously carried, placed on its first reading. ORDINANCE 256 BOOK 4 ..., AN ORDINANCE CONFIRMING AND EQUALIZING ASSESS- MENTS FOR THE GRADING AND PAVING OF SOUTHEAST EIGHTH AVENUE (PALM AVENUE). IN THE CITY OF DELRAY BEACH, FLORIDA, BET'."lEEEN ATLANTIC AVENUE AND FIRST STREET, AND LEVYING SPECIAL IMPROVEMENT ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL IMPROVEMENTS; PROVIDING THE METHOD BY WHICH SAID SPECIAL ASSESSMENTS SHALL BE MADE; THE TIME WHEN THE SAME SHALL BECOME PAYABLE; T1i<\.T SAID ASSESSMENTS TO BE LEVIED SHALL BE A LIEN FROM THE DATE OF THE ASSESSMENT UPON THE RESPECTIVE LOTS DESCRIBED IN SAID ASSESSMENT ROLL AND SET FORTH HEREIN; THE MANNER IN WHICH SAID ASSESSMENTS ARE TO BE COLLECTED AND PROVIDING FOR THE ISSUANCE OF SPECIAL CERTIFICATES OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE ASSESSABLE RROPERTY AND PROVIDING THAT THE CITY MAY TRANSFER AND DELIVER A PORTION OF SAID SPECIAL CERTIFICATES OF INDBTEDNESS TO THE CONTRACTOR IN PAYMENT OF SAID SPECIAL IMPROVEMENTS. (Palm Avenue Improvement. The ordinanoe having been read in full, it was moved by Mr. WOdischek that the ordinance be passed on its first reading. Mr. Hall seconded the motion and on roll oal1 the vote was as follows: Mr. Hall yes, Mr. Hill yes Mr. Miller yes and Mr. Wodischek yes. The motion was declared carried. 1087 COUNCIL CHAMBER - December 12, 1938 Mr. Nowlin reported he had drawn a form of contraot between the City and the Tennis Association for operation and management of the courts if the City desired to enter into such an agreement. The Council considered a contract unnecessary, and recommended, instead, that the requirements and conditions be em- bodied within a resolution, which the City Attorney agreed to draw and submit for passage at next meeting of the Council. It was further recommended bv Councilman Wodischek that the City Clerk write" the various recreation clubs connected with the City aSking them to submit an annual report of their activi- ties, as previously suggested by the Council. Councilman Miller reported that Dr. Farber had asked if there was any possibility of the City helping the Tennis Association in the matter of pro- viding lights. In view of the City's financial oon- dition, the members were unwilling to promise any- thing in this regard, but stated anything the Association did along this line would be agreeable to the City. Mr. Wodischek said he had told the Association the City would try to hemp with additional courts if a P.W.A. project could be gotten through for same. Councilman Hall asked the Council to go into the matter Of lot-cleaning at its first opportunity. stating it was unfair to those who had willingly cleared their property, to allow immediately adj~in- ing lots to remain in jungle and brush. Upon enquiry of the City Attorney as to what procedure was now necessary to force the cleaning of remaining lots. Mr. Nowlin advised that Section 163 of the City charuer gives the City the power to clean lots, where the necesE'ity exists, and to assess a lien against suoh lots just as in other special improvementsj also that there is an ordinance on the City Statute books making it a criminal offence to permit such a condition to exist on properties. Mr. Jacobs, President of the Recreation Club, again brought up the matter of lawn bowling, stressing the fact that this feature could be provided at a very low cost, and would fill quite a need for additional amusement at the club which had been overtaxed during the busy season last year. Mr. Hall stated he would prefer to withhold action in this regard until after election and reorganization of the Council. Mr. Cromer, who had been instructed to prepare an estimate of the cost of building such a bowling link reported he had not had the opportunity to go to West Palm Beach to study this construction but belieVed, from what he had 1U~~ COUNCIL CHAMBER - December l2, 1938 learned, that it would cost about $100.00 per link. It was recommended by Mr. Miller that the Council defer action until more was known about it. Mr. Wodischek suggested that the City Engineer go ahead and prepare the necessary data in case the City decides to build these links, and Mr. Hall said this report of Howard's would be in by next meeting, at which time the matter could be acted upon. Councilman Hall requested that the second read- ing of the ordinance regu~ing garbage disposal and sanitary inspections be deferred until after organiz- ation of the new Council. By motion regularly made, seconded and carried the following ordinance was placed on its second reading: ORDINANCE 252 BOOK . AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH, FLORIDA, AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES mN CONFLICT HEREWITH, AND PROVIDING A PENALTY FDR THE VIOLATION OF THE PROVISIONS THEREOF. The ordinance having been read in full, the second time, it was moved by Mr. Miller that same be passed on its second reading. Mr. Hall seconded the motion and on roll call the vote was as follows: Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion was declared carried. Mr. Hall recommended that said regulations be printed in pamphlet form, the police to be provided with a supply of same, and when minor violations of the City's traffic regulations occur that the officer suggest to the offender that he purchase one of these pamphlets at a price of 25 cents. After discussion it was moved by Mr. Hall that the Clerk be authorized to have five hundred of such pamphlets printed, for sale ~t 25 oents a copy. Mr. Miller seconded the motion which carried unanimously. Councilman Hall en~uired as to the activity of the Citizens Advisory Committee, stating that since it was necessary for the City Attorney to answer the pendi~~ndamus suit on December 22nd, he believed the COdOCi1 should have some recommendation from said Committee before that time, in order that Mr. Nowlin may be advised as to what answer he shall make at that time. Mr. Hall suggested that the Mayor call a meeting for 7:30 P.M. Monday, December 19th. in order to disouss this matter and instruct the City Attorney as to what action shall be taken. 1089 COUNCIL CHAMBER - December 12, 1938 It was moved by Mr. Hall seconded by Mr. Wodischek and unanimously carried that the City Clerk be authorized to pay $50.00 on each of the two pending - , j suits ~s a deposit for court costs. to..:;.iturt'e.to"V'f'e " Councilman Hall brought to the members' attention the broken sidewalk running from the alley at the rear of Lot 6 Block 100 to the Thpatre, stating same was in a really dangerous condition, and should be rebuilt. It was finally recommended that the City Clerk write Mrs. Burd, advising that the City will reconstruct said stretch of sidewalk on a fiftY~fifty basis, the work to be done immediately, if agreeable to said abutting property owner. Mr. Wodischek reported, also. that Mr. White had asked that the City level the sidewalk in front of the Bon Air Hotel, and question arose as to whether this walk was entirely on City or private property. Councilman Miller said that before building any more sidewalks, specifications should be provided that will insure a more durable type of construction than has been used in the past as the sidewalk curbs were being broken allover town by cars bumping into them, he said. Mr, Wodischek was appointed as member of the Finance Committee in place of Mr. Gwynn, resigned. It was moved by Mr. WOdischek, seconded by Mr. Miller and unanimously carried that bills 3665 to 3709, having been O.K'd by the Finanoe Committee be returned to the Council and ordered paid. Mr. Gwynn appeared at the meeting enquiring of the members if they intended to go ahead with the painting of the beach pavilion, and asking that the City again advertize for bids on this work, whereupon it was regularly moved, seoonded and carried that the Clerk run another ad calling for bids, same to be opened Monday, December 19th, at 7:00 P.M. The Council discussed a complaint of Mrs. H.S. Deming, who threatened to sue the City for taking a cocoanut palm which Mr. Deming had planted in front of his Ocean Park property, It was explained that the removal of the tree was necessary, it being in the City's right-of-way over which the new sidewalk had been built. It was recommended however, that Mrs. Deming be notified that she may have one of the trees to be removed from an easement on Dan Smith's property in lieu of the one taken by the City, providing she will pay the cost of removal. ~ 1090 COUNCIL CHAMBER Deoember 12, 1938 .., There bing no further business, the meeting regularly adjourned. Yk <L'1 uJ. r;, ~ City Clerk APPROVED : ~ut)J<v Mayr ....