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12-19-38 Special 109~ COUNCIL CHAMBER December 19. 1938 The Council met in special session at 7:30 P.M. to prepare the ballot box for the General election to be held Tuesday, December 20th, and for other matters of business to be brought before the Council at this time. ~ . After the ballots, list of voters etc. were examined by the Council and found to be in proper form and order, it was moved by Mr. Wodischek, seconded by Mr. Miller and unanimously carried that the official ballots, list of r~stered voters and other election paraphernalia be approved and placed in the ballot box. and that said ballot box be locked, sealed and delivered to the Clerk of the Election Board with instructions as to holding the general municipal election in compliance with the laws of the State of Florida, the Charter of the City of Delray Beach, and ordinances pertaining to the hOlding of such municipal electiona. Bids were then opened as follows: for the paint- .ing of the beach pavilion, East of the Boulevard, accord- ing to specifications on file in the City Clerk's office: J .K. Gwynn M.N. Thieme E.E~ Hagerman $ 150.00 152.00 128.50 It was moved by Mr. Hall seconded by Mr. Miller and unanimously carried that said painting contract be awarded the low bidder, E.E. Hagerman. The Clerk was instructed to collect contractor's license from said bidders. Howard Cromer was present and brought to the Council's attention complaint of A.E. Plastridge that rocking of the alley in rear of the E~uitable Build- ing had caused water to accumulate an~drain into the lower floor of said building. Mr. Cromer claimed to have investigated same and found that the paving had not raised the level of the alley and the City was in no way responsbile for the condition. As a remedy he suggested that the owners put a drain at the side of the building and run the water down Fourth Avenue to the storm sewer. It was finally moved by Mr. Hall 1093 COUNCIL CHAMBER - December 19, 1938 ) that the City Clerk inform interested parties that after careful investigation the City finds it is in no way responsbile for the condition complained of and can assume no liability therefor. Mr. Miller seconded the motion, which carried unanimously. Other complaints and drainage problems about town were reported by Mr. Cromer as follows: A condition on Atlantic Avenue in front of the new Boyd Block where the paVing, by Mr. Boyd, of the additional space South of his building had resulted in a trough, which prevented water draining off into the catch basin provided. This was due to the contractor not having graded the parkway up to the crown of the road, and the City Engineer said Grover Baker had offered to rebuild from the crown to the new curb prov- iding a new catch basin, and to fill some bad holes in the road at said location for the price of $35.00, the City to furnish roller and to oil same. Mr. Hall and other councilmen were of the opinion that this was a special improvement and should be paid for by the property owner, as is usual in such cases. The holes in the road they thought should be fixed by the City, however, and Mr. Cromer estimated it would take about a day's work with the roller at a cost of $10.00 to repair said holes. It was moved by Councilman Hall that Mr. Boyd be advised to rebuild his parkway to comply with the City Engineer's speoifications. at his own expense. The complaint made at last meeting regarding the puddle of water outside the high school building came up again for diSCUSSion. Mr. Cromer reporting that a dry~well would not relieve the situation, and. stating that the only remedy was to raise the level of the road at said point. It was contended that the condition was due to the County having rebuilt the road without taking proper engineering precautions, and that therefore County authorities should be requested to correct said condition. Mr. Wodischek recommended that the City ask the County to scarify and level that portion of the road in front of the school but Mr. Hall thought it better to have Howard advise the County of the condition in which they had left the thoroughfare. A complaint was made that water stood 3 and 4 inches deep at the intersection of N.E. Fifth Avenue and First Street. Howard Cromer reported Mike Blank had agreed to adVance the cost of raising the level of the street at said intersection if the City would give him credit for same on taxes. Mr. Hall said he cmnsidered this fair, because in said instance the condition was entirely due to bad engineering in the construction of First Street, and it was therefore up :1094 COUNCIL CHAMBER - December 19, 1938 to the City to remedy same. Howard Cromer said it would take a gOOd deal of rock to fill same and would probably cost in the neighborhood of $20.00 or $25.00. It was moved br Mr. Hall. seconded by Mr. WOdischek. and unan- imouslYfarried that Mr. Blank's offer in this connection be accepted. The City Engineer advised that the same condition existed adjacent to Mr. Ewing's new residence in Ocean Breeze Estates, where the water stood on the upper side of the street. The only way to relieve same, he said, was to put in a drain, and build the street up so the water will flow across same into the six inch pipe running into the Canal. In connection with this, it was moved that the City put in sufficient rock.to raise the grade of the street, in accordance with the City Engineer's specifications. Mr. Miller seconded the motion which carried unanimously. A written complaint of J.A. McIlvaine was read by the Clerk, in which he said water during recent heavy rains had backed up in the street depression, completely obstructing extrance to three houses and damaging the lawns. No action was taken in regard to this complaint. Many of the foregoing complaints had been due to indi~iduals and contractors making improvements on City property without permit or according to city speci- fications,and Councilman Miller and others 1;9ok the stand that the City was not responsbile for the result- ing condictions and therefore would not undertake to repair them. Councilman Miller further recommended that an ordinance be drawn requiring that such work, in future. be under the supervision of the City Engineer; be according to the City's specifications; that a permit be required therefor and that violation of these re- quirements be deemed an Offence. , The City Engineer submitted a proposition as follows. He stated Harvel Brothers wanted to bring their drag-line to Delray, an~ that the County would loan its trailer to the City for such purpose, whereas it charged private concerns for same. Harvel Brothers had therefore agreed to give Ii days' digging in return for the City's cooperation in securing loan of the County's trailer for the aforementioned purpose. It was proposed to use the drag-line to remove a three foot deposit of silt from the bed of the yacht basin. thus providing a deeper basin for the docking of boats. Since this entailed no cost to the ~ity, it was moved by Councilman Wodischek that Mr. Cromer make a deal 1.095 COUNCIL CHAMBER - December 19, 1938 with Harvel Brothers. as outlined. Mr. Hall seconded the motion, which carried unanimously. .. The City Engineer reported on the filling of Gleason Street. which improvement is to be assessed against the property of Mr. Sabin stating that it was about completed and that Grover Baker had agreed to supply a man and grader to go in there and level off said street for $10.00. said amount to be in the form of credit on taxes. It was accordingly moved by Mr. Hall. seconded by Mr. Wodischek and unanimously carried that Mr. Cromer be authorized to employ Gulfstream Engineers to .do this work on said basis. Mr. Nowlin questioned the Council with refer- ence to Mr. Sabin's claim to ownership of lots platted in Gleason Street right-of-way. Since the City had for many years taxed Mr. Sabin for three 30-foot lots in Ocean Park, and whereas it now appeared that he actually owned only two entire lots and ten feet of a third lot, Mr. Nowlin aSked if it wouldn't be fair to give Mr. Sabin some adjustment thereon. The Council agreed some adjustment was due Mr. Sabin and asked the Tax Collector to check this up so some basis of adjust- ment might be arrived at. J.M. Cromer appeared at the meeting reporting that a movement was on foot by South Ocean Beach property owners to open up and improve Gleason Street. and asked that the members give,' the proposition favor- able consideration at such time as it is presented. It was recommended that Police Chief Nelson remove the NO PARKING sign from in front of the Blue- gate Apartments, as it was claimed "No parking" zones could not be maintained for private benefit. It was further recommended that a loading zone be established on Fourth Avenue at the side of Zuckerman's store with the words "Parking limit 10 minutes" thereon. Some of the Council contended Fourth Avenue was too narrow for angle parking. Upon enquiry, the clerk was instructed to require licenses to be paid by Hickox Mattress Company for doing business in town. There was a discussion about additional street lights between the Canal and the ocean beach. Mr. Hill advised Mr. Senior had recommended that such street lights be suspended in the middle of the street, on guy wires instead of on poles, as many of the pOles are hidden behind obstructing foliage. The Council con- sidered more benefit would be derived from lights placed . in the center of the street and it was accordingly moved by Mr. Miller that three additional lights be 1.096 COUNCIL CHAMBER - December 19, 1938 installed between the Canal and Andrews Street, at the most convenient locations, and that the light, at present located at Corner of Atlantic and Salina Street, also be moved to the center of Atlantic Avenue. Mr. Hall seconded the motion which carried unanimously and Howard Cromer agreed to instruct Mr. Senior accordingly. The matter of additional benches for the Ocean Beach was discussed and Howard Cromer advised that the City had some lumber on hand which could be used for this purpose. Mr. Hall thought benches could be pur- chased cheaper than the City could build them, Judging by the cost of the last ones the City had made. It was finally moved by Mr. Hall that the City Engineer have what lumber he has on hand made up into benches. Mr. MilleI\seconded the motion, which carried unanimouslly. . The meeting regularly adjourned. /z1 huJ. ~~ City Clerk APPROVED: (Y( JtV ~or -, .'