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
"