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.
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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
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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
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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
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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
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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.
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City Clerk
APPROVED:
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