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12-26-38 Regular c :1099 COUNCIL CHAMBER December 25, 1938 '1 ~ The Council met in regular session at 7:30 P.M. with the City Attorney and Councilmen Hall, Hill and Miller present. Councilman Wodischek was absent. The minutes of the regular meeting of December 12th and the special meetings of December 14th, 19th and 20th were approved as read. A communication was read from J.A. McIlvaine calling the Council's attention to a depression in Nassau Street where water accumulated after heavy rains and flooded the street and entrances to residences located there. The Council, in discussing the situation, expressed the opinion that the promoters of the Sub- division who developed Nassau Park and constructed the street was directly responsible for the condition complained of and not the City. Mr. Hall suggested that the Clerk write Mr. McIlvaine advising that the Council will act as soon as it has a complete report from the City Engineer in regard to same. The following re~uest for special building permit was read by the Clerk: If It i December 23, 1938 '\ Mr. L.W. Cook Delray Beach Building Department Delray, Florida y Re: Addition to porch of Resi- dence. North West COrner, Laing Street and Harmon Court. Dear Mr. Cook: ., In accordance with your suggestion to Mr. ,Lawson, I am wri ting for permission to do the following work. I wish to extend the notherly 15 feet 7 inches, of the existing concrete open porch floor, to the east, for a distance of 18 inches, A COUNCIL CHAMBER - December 25, 1938 110C and enclose the area thus created, from the house line, with removable screens and a removable colored awning. This awning and the screens will extend east from the present covered porch 5 feet. The easterly line of this covered porch is now 4 feet back of the permanent porches of the two houses to the north, so that the proposed awning and screens will extend 14' inches beyond the porches of the other two houses. Not only will this improvement create a com- fortable front porch, but it will add greatly to the appearance of this dwelling, as it will lesson its pushed in appearance as viewed from the streets. Trusting that the approval of your department will be given within the near future, I am, Very truly yours, Charles F. Deshler The building Inspector explained that to extend the concrete floor, as requested, would be to encroach on the front yard set-back, and when screened and awn- inged would block the view as much as a permanent building. He said the application was difficult to explain and he would prefer that a committee of the Council go over and investigate same before passing on it. It was accordingly moved by Mr. Hall that a committee composed of Mr. Miller and Mr. Hill, look the situation over and be given authority to act in the granting of said permit. Mr. Miller seconded the motion which carried unanimously. The annual report of the Recreation Club was read by the Clerk. The members were commendatory in their remarks on same and by motion of Mr. Hall seconded by Mr. Miller and unanimously carried, the report was ordered filed. ,. A letter was read from West Palm Beach W.P.A. authorities advising of the Presidential approval on December 23rd of City Project 50-4-A-244 for City wide street improvement and beautification, amounting to $25,550. Mr. Geo. Riley, in behalf of John Kabler and himself, came before the meeting aSking that the Council grant them permission to pave sidewalks in front of their properties, viz. Lots 1;2,3 Block 2 Ocean Park, being a distance of ninety feet. He 110j COUNCIL CHAMBER - December 26, 1938 r stated they desired to make same twelve feet in width instead of the regular six feet; also requesting that the City have Atlantic Avenue paved to its full width in front of said properties, the City to pay part or at least grant them permission to widen same at their own expense, and also on Salina Street just East of this property he asked permission to pave the five- foot side-yard set-back to be used as a sidewalk. Inasmuch as all were desirable improvements, it was moved by Mr. Hall that these property owners be permitted to make said improvements at their own expense, under the supervision of the City Engineer and according to City plans and specifications. Mr. Miller seconded the motion, which carried unanimously. Mr. Cromer aSked if this would conflict in any way with the side- walk work on which the City had accepted Gulfstream Engineers' bid. He was informed that no contract had been entered into for said work, and that same had been temporarily discontinued. The Chief of Police asked permission to re- arrange fire and police department telephones making it possible to use No. 77 for both pOlice and fire phones and, by installation of a switch, to call either the office of the Fire Chief, John Gregory's or Mr. COok's apartments, all on the same number. After consideration the change was deemed a desirable one and Mr. Hall moved that said rearrangement be tried out and the necessary extension lines be installed. Mr. Miller seconded the motion, whichcarried unanimously. Mr. Riley asked that he be given the concrete slabs removed from the sidewalk he proposes to rebuild in front of his property, and in view of the fact that he intends to lay a twelve-foot sidewalk in its place, it Was moved by Councilman Hall that Mr. Riley be allowed to utilize these concrete slabs for his personal use! Mr. Miller seconded the motion which carried unanimously. The fOllowing ordinance was submitted by the City Attorney and on motion regularly made, seconded and carried placed on its first reading: ORDINANCE 258 BOOK 4 '~ AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT A PERMIT SHALL BE OBTAINED FROM THE CITY BUILDING INSPECTOR OR CITY ENGINEER BEFORE ANY GRADING, PAVING, REPAVING, SURFACING OR RESUR- FACING OR THE PLACING OR REMOVAL OF TREES OR ' SHRUBBERY ON OR FROM THE STREETS, HIGHWAYS, AVENUES, LANES, ALLEYS AND OTHER PUBLIC PROPERTY WITHIN THE CITY OF DELRAY BEACH SHALL BE DONE BY ANY PERSON OR PERSONS, PROVIDING CERTAIN SPECIFICATIONS FOR SUCH IMPROVEMENTS, AND PROVIDING FOR A PENALTY 110~ COUNCIL CHAMBER - December 26, 1938 FOR FAILURE TO OBTAIN SUCH A PERMIT OR FOR OTHER VIOLATION OF THE ORDINANCE. The ordinance, having been read in full the first time, it was recommended by Mr. Miller that same provide for reinforcement in all sidewalk construction unless specially excepted by permission of the City Council. At the suggestion of the Building Inspector it was de- cided to also insert a bond requirement clause, appli- cable in cases where liability for damage to city property existed. With these amendments, it was moved by Mr. Miller that the ordinance be passed on its first reading. Mr. Hall seconded the motion and on roll call the vote was as follows: Mr. Hall yes, Mr. Hill yes, and Mr. Miller yes. The motion carried. On motion regularly made, seconded and carried the following ordinance was placed on its second reading: " ORDINANCE 256 BOOK 4 AN ORDINANCE CONFIRMING AND EQUALIZING ASSESS_ MENTS FOR THE GRADING AND PAVING OF SOUTHEAST EIGHTH AVENUE, BETWEEN ATLANTIC AVENUE AND SOUTH- EAST FIRST STREET, IN THE CITY OF DELRAY BEACH, FLORIDA, AND LEVYING SPECIAL IMPROVEMENT ASSESS- MENTS AS SH~'m BY THE ASSESSMENT ROLL FOR SAID SPECIAL IMPROVEMENTS; PROVIDING THE METHOD SAID SPECIAL ASSESSMENTS SHALL BE MADE; THE TIME WHEN THE SAME SHALL BECOME PAYABLE; THAT SAID ASSESS- MENT UPON THE RESPECTIVE LOTS DESCRIBED IN SAID ASSESSMENT ROLL AND SET FORTH HEREIN; PROVIDING FOR THE ISSURANCE OF SPECIAL CERTIFICATES OF INDEBTED_ NESS FOR THE AMOUNT SO ASSESSED AGAINST THE ASSESS- ABLE PROPERTY AND PROVIDING THAT THE CITY MAY TRANSFER AND DELIVER A PORTION OF SAID SPECIAL CERTIFICATES OF INDEBTEDNESS TO THE CONTRACTOR IN PAYMENT OF SUD SPECIAL IMPROVEMENTS. ./ 7 The ordinance having been read in full the second time, it was moved by Mr. Hall that the ordin- ance be passed on its second reading and final passage. Mr. Miller seconded the motion and on roll call the vote was as follows: Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion carried. ~ The Clerk reported shipment of the new Worth- ington Pump from Newark ,on December 22nd. I. , 1103 COUNCIL CP..AMBER - December 26th, 1938 , Mr. Hall recommended increasing the candle power of stre,et lights on Atlantic Avenue from 100 to 200 c.p. reporting that this would mean an additional cost of approximately $505.44 per year. Councilman Miller thought lights should be installed at other needed locations first and Mr. Hill recommended that the Council do nothing in this regard until the City's finances were straightened out. Mr. Miller reported Mike Blank had said that if the City would give him a couple of negroes he would furnish and supervise the planting of small royal palms between the present row of trees on Atlantic Avenue East of the Canal. He said he did not believe the blight in the old trees was due to high water and that if the new ones were cared for they could be grown to replace the others which appeared to be dying. Mr. Hall moved that Mr. Blank's offer be accepted. Mr. Miller seconded the motion which carried unanimously. Mr. Hall stated that inasmuch as it was the last meeting of the year he would like to offer a resolution expressing the appreciation and thanks of the Council for the services of all City employees, and particularly commending the heads of the depart- ments for their work the past year. Mr. Miller seconded the motion which on roll call carried unan- imous1y. Mr. Miller reported that the Ford Garage had oil on hand for the City if it was wanted for mosquito control work and the Clerk was directed to notify Mr. Baker to leave empty drums at the garage and collect same as they were filled. W.O. Winn, AUditor, submitted his annual report to the Council and read highlights therefrom. Mr. Hall moved that the report be accepted and the auditor be thanked for the comprehensive detail and neat way in which he had prepared said report. Mr. Miller seconded the motion which carried unanimously. It was moved by Mr. Miller that bills numbered 3710 to 3743 having been O.K'd by the FinanCe Committee. be returned to the Council and ordered paid. Mr. Hall seconded the motion which ~arried unanimously. Mr. Hall recommended that the Council establish a policy in regard to traffic regulation enforcement and advise the police department as to the degree of latitude that may be extended violators of the traffic laws. There was considerable discussion pro and con but no definite policy was adopted, it being the ,consensus of opinion that first viola ti ons, unless flagrant,bnes, c' COUNCIL CHAMBER - December 26, 1938 1104 '7 ~' ; 'j: . ,..;. ~ f \-"""U_ should be treated with a warning, but that otherwise no concessions should be made. Joe Gwynn appealed to the Council in regard to his painting contract with W.M.~W,aters on the Golf Club- house, stating he had given therar room the two coats of paint specified in the contract but that Dick Wilson was dissatisfied with the result. Mr. Gwynn said it would take another coat to cover all the dark spots left by the fire and would cost about $25.00 more than the contract had called for. He asked if they desirp,d that the bar and ladies lounge be given this extra coat of paint at the additional cost. The Council de- clined to authorize anything more than called for in the contract and recOmmended that he finish same accord- ing to the specifications and terms of the contract. It was further recommended that the floors be given a wax finish in preference to varnish. The following resol~tion was introduced by Mr. Hall who moved its adoption: Inasmuch as the services of two members of the present Council terminate at the end of December and inasmuch as there is adequate money in the General Fund for this purpose, the previous resolution of the Council directing that, the salaries of Councilmen be paid in due-bills is hereby repealed and the City Treasurer is directed to pay all salaries in cash, as they become due and payable." The motion was seconded by Mr. Miller, and unanimously carried. There being no further business, it was regul- arly moved, seconded and carried the t Council a dj ourn. ~ ' 4ra~ ~~f2 C ty 1erk APPROVED: ~ fJ)j)JW yor "