04-12-37 Regular
690
COUNCIL ClfAMBER
t"
April 12, 1937
The Council met in regular session at 7 :30
1'.11. with the Mayor, City Attorney and follovdns members pre-
sent: Mr. Barton, Hr. Rill, Mr. _Gfnton, Mr. Gwynn and Mr.
rludischek.
The minut e s 0 l' the last me ct ing lie re ree. d,
and by motion regularly mad,-, seconded and carrie d, ['1'provc d.
Mr. Senior of the Flor ida Power and Light
Company, addressed the Council, sin ting tha t a --number of cit-
izens had enquirecl why ttle white way post::.' on the 3each liere
not painted and kept in the sarre cendi tion as others in town.
Inasmuch as the beach poles were the prcJIJ8rty of tl1e City the
Power Company bad no jurisdiction ever trnn, he explained. fIDd
asked whether trn Council vlished to turn these over to his com-
pany to maintain. It was decided hal/ever, that tte City YDuld,
themselves, Tlaint seid poles and make them 'Jressntable.
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A communica tion from J.E. lcde.n:s, Attorne y,
for the Beach Inproveme nt Association, liaS reud, in Ylhich it
was requested that till tentative line which tIE City CO\Ll1cil
seeks to esta bli sll as the 77es t ri gh t-of-way line of the ocean
boulevard, be !loved tnenty feet (20 t) East of tIE line platted
on the nrofiled maD recently submitted by Geo. Carr, City
Engineer, an d a t or eSE' nt on fi le in the City Gle rk t s office.
t:
1\1r. Adams 'VIas l~jres(:nt, 8.nd ctated the re-
quest Vias made because his committee believed thGt by raoving
said line twenty feet further East, amnle \'1idth for ri,~;ht-
of-way y.ould still rema in, less injury 17:JU1~e sus m. ine d by
certain Beach nro',erty oVillers, and the n micil)ality, as a
whole, 'liould be best served. If the City saY; Ull'it to lEave
said J_ine as requested, tJ:e ":".ss()(5iation recomrnsnded, as ;:;~1
altel'na.tive, t~l !3.~b ~te..lcc :-~oad fr.,-_,artLlleut be elskec~ ta locate
tl1.eJest line of the IB.ved hichway just as far East of SGid
Dr01X)Se.d line as ~)ossibJe.
1'11e City .attorney explained 'chat GheYJlat
and ordi'1ance acceyl;ine; said '':,.a tted line did not f: tterlJ)t to
fix any "()rOpert:f lines, vlhich it could not do, ~~cu t only to
establish a buildin,! lire, in order to regulate future con-
struction. He also aid the COLmty road over this ri(~1-tt-
of-way would be only of the nsnal thirty foot ';;idth, and eny
widening or innr0veme nts beyond 'Ghat Y<DuJ.d necess&rily have
to ~e done by tIE City. He stressed the fact that it Vias pure::L-y
a Clty problem, and since citizens and !;lro]:'€rty ovmers would
always be afforded the oD)Ortuni ty <;1' saying what and hO\'I Slid
Boulevard shall be improved, he could see no reason for alarm
or objection to thel1ro1X'sed line submitted by I\Ir.Carr.
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691
counCIL CHhlJBER - A.")ri 1 =1_2, 1937
He advised Beach c-rrcrerty owners to decid( arK! inform the Coun-
cil what set-mek they desired on the dif:~'ercnt be8.C~~l ~)l'c:'€r-
ties. These, he said, Vlould bave to vary according to the
delJth of the various 'xl ulevard lots.
c"
Mr. R.E. Turpin, I,ll'S. Longstreet, 1'1'. En-
right, Mr. Anderton, Ill'. McNeil 3l1d other Beach residents
voiced objections to a wide paved highway and the possibili ty
of tI:e Beach Road becoming a future speedway for through tra-
ffic. All expressed trn desirability of preserving the roule-
vard for the use G..'1d benefit of the people of Ddmy Beach
ra tIle I' than have it used a s a ;mbl ic beach and thoroughfare.
Mr. LaBoiteaux and J .LI. Cromer r8commendec' that state Road
No. 140 be diverted back along Gleason Street t'lereby ubandon-
ing the boulevard as a County Road, and that the City take same
over as a muniCipally maintained street.
Upon enquiry, Mr. Byrd stated the City
bad fCJrmulated no plans, so far, for the improvement or yJiden-
ing of the boulevard but it was oyite prob8blf3 the City and
County would cooperate in widening same this summer, to afford
additional parking s;:>ace, if such was the desire of Dclray
Beach citizens.
After consid'rable discussion along the se
lines, it Vias finally moved by Mr. Genton that the second
reading of the ordinance, accepting Mr. Carr's plat CJf said
boulevard line, be deferred until next meeting of tl:e Council,
allowing all interested parties to become thoroughly acquainted
with the situation and arrive at some aCi:reeable decision in
regard to same. Mr. Gwynn seconded the ~motion, vlhich em roll
call, carried unanimously.
A letter from Mike L. Blank proposing to
treat, fertilize and restore to heal thy condition the Royal
Palms along the Beach drive, for a price 01')4.25 each, was
read. All acknoVlledged that something should be one with
these trees, vihich bave become infected wi m aphis, mite and
Royal po.l:rr 'mg. It 'liaS considcrcd salt water heed injured them
and VIas largely responsi ble for trn blight attacking same.
Councilman Gwynn sta ted Mr. Blank had restore' otlJer Royal
Palms affected in trn same way with tIE recommended treatrrent.
By motion of Mr. WOdischek, seconded by Mr. Genton, and un-
animously carried, the matter was reff,rred to the Parks Com-
mittee for investigation and report at next meeting.
Petitions were ;lresented by Dell Park
residents asking that the Council adopt certain building and
zoning regulations in mat subdivision. It was regularly
moved by Mr. Gwynn, seconded by Mr. Wodirohek, and unanimously,
carriec: that this rratter be referred to the Ordinance Committee
with instructions to draw a suitable ordinance embodying the
requestecl regulations.
692
COU1TCIL CIIJJ,illE"- April 12, 1937
t-
Trn Clerk read a detailed communication
from :'.A. Fogarty, outlining his ideas and plans in connection
wi th tho S',;imming Pool, plU vidin,e; a lease could be arr-anged
between himself and the City for said property. , It was reg-
ularly moved, seconded a nd carrie d that trn CitYf-ttorney go
into the terms 01' tIE Gleason deed on tIE Pavilion 'JroDertv
for tlle purpose of ascerteining "bat the City's rights-are"
and on what terms a lease could be given.
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A letter from ::C.L. Gaddis, of the Florida
East Coast Rail\~1 Com:;:a.ny was read, sta ting it vlOuld be nec-.
eSSG.ry to redra llans for the signal controls now demanded
by trn City at t e Atlantic Avenue crossing. Before doing
this, it was desirable that the Council and tIE Railroad re-
:Jresentatives go into tll€ rmtter tlloroughly, to decide dpfin-
i tely what is wanted before submitting further estimates and
plans to the Receivers. The Clerk was instructed to advise
tbat the City Council Viould l!trra:ge to meet with Mr. Gaddis
at any time convenien t to him.
It was reported that the State Road Depart-
ment bad not yet rerredied tlle rough condition of the croEsing
approaches which were complained of at last meeting. It was
thought this would be tE. ken care of in tIE near future, however.
Thanks was expressed by Mrs. Weir for the prompt action of the
City in repairing !J.E. Eighth Street and putting it in passable
condition South of her proIB rty in tlle Frey Subdivision.
A le tter from B.F. Mo sele y in which he
offered to settle delinque TIt 1926 taxe s on his pro perty in
Sections 4 and 5, fmow ou tsi de tIE City limits, for the same
amount as paid for county taxes on the saIre'JrC'Tlerty for tlEt
year, was read. It.;as advised that County tax receipts be
submi t te d showing jus t wba t that se tt Jermmt fi gure was.
In the matter of 05,000.00 additional
collateral reauested of the West Palm Beach Atlsntic National
Bank, it was moved by Mr. Gw:\mn, seconded by Mr. ',Vodischek,
and unanimously carrie d, tha t the Bank be notified that secur-
i ty de;)osi ted with the };'ederal Reserve Bank of Atlanta, or
Jacksonville and receiDt for suae, assigned to the City would
be ac ce:.,ttble to the Council.
Polic ies from the American Fire and Cas-
ualty Company and from the AmeriCIan Surety Company for Bodily
Injury, Liability and Pro"erty oomage, on tlle City's fleet of
trucks, was submitted by tIE res[Elctive agents, R.G.Bostwick
and L.J. Nichols for consideration. Because L.J. Nichols had
been given other City policies, it was move;) by Mr. Gwynn,
seconded by Mr. Barton that policy be renewed with R.G. Bost-
wick, agent for tre ilmerican Fire and Casualty Comj:G.ny. Upon
roll call the vote was as follows: rib:'. Barton yes, Mr. Hill yes,
Mr. Genton passed, Mr. G'.-,ynn yes, and M.r. ,70dischek yes. The
mati on carried.
693
ccrr-SIl C"r"TIJIBER - April
l~
-'--. ,
J~93?
A lengthy communication from A.C. Hitten-
dorf of the Bondholders Commi twe was read, outlining certain
requirements and 'lrovi sions to be embodied in the Ill"'Jposed
new charter to enable the City to carry through its desired
refunllilg 1)rogr 3I1l.
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Also, 1tt. Byrd read his reDly to lf~.
Ui ttendorf, and explained to the members that tl16 recommcnded
provisions would be includcd with others proposed by the Mayor
and Council, in the City's new Cbarter. The re-drawing of said
cbarter, he said, involved considerable thought und ,;ork and
he recommended tl-at tIE Council convene at Gn early (JEte for
the purpose of 1nrkinc; out details and going into the differ-
ent )lbases of sr,me, so that he mi:cjJ. t proceed at once ,;i th this
work. It Vias therefore moved by r,tt. 'ilodischek, that the
Council meet, 'fuesday night, AI)ril 20th for the soJ.g' ]'mrIJose
of [joing into matters n5rtaining to EE id new Cbarter. Mr.
Gwynn seconded tIE motion, I"lhich carried unanimously.
The Chairman 01' the Sanitary Com'1littee
reported :.lavinc: ~Ll1vestiF:ated the possibility 01' extendine: the
City seller line to Leslie G. Dinsbier's IH'oI:erty in Block 12C,
and had found that the sewer would be only aoout two feet
above, tIle ground level Ir.i.th very little fall at said location.
It "vas therefore uu t C)f' the 'uestion, and se ')tic tank. install-
a tion v;as ~;~b.llt'1f=r~ rcco',D1snded.
I
On lTlOt ion of LIy.. iJartO?l, the fa 3_107!ing
resolution was adopted:
<J~T2C:.A.E;, frll€ Zook Palm nUl: series, Ine. ~~,rC) 'yc)se6 to
make ap1::1ication f'or ermission to construct a timber
bulkhead on the =:ast bank of the East Coast Canal
just Scmth of Atlantic 1.ve., \iithin the municipal
limits of Dclray Beach, Fla., as shown on drawings
in two sheets, marked ttP1an of ")1'0 posed timber bulk~
head", de. ted April 1st, 1937, ry-erared by Geo. W.
Carr, ::O:ngineer, and
)I"'mJ.~AS, "Said }'lans have been "resented to and
considered by the City Cotmcil, and
\7]C::ER1J'AS, the t70rr: contemplated by the suid Zook
Palm Nurserie s will not interfere with any rlans
for ';iOrt \.'hich the sa:id City Counc il have in view,
jWW TlillIF1"ORE, be it resolved by the City Council
of the City of Delray Beach, Florida, in legal
meeting assembled, tbat said City Council waives,
and it does hereby waive, all objections to the
said propose' construction.
Vir. Barton's mot ion was seconded by Mr. Wadi sche k and 11n-
animoual.y carried.
694:
c~:m~CIL C:I!J,:B~::~ - A::~Jr il 12, 1937
~:
In the natter of Ernry :i?ickren's claim
against the City for costr: and ronrpens3tion during his recent
disability, it was crdered tbat the Mayor and Ctty Attorney
affect a settlement wi th Mr. Flllckren, and proceed to closeI'
out the matter.
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It was moved by Mr. Gwynn seconded by
Mr. Barton and on roll call unanimously carried, that tl1.e
following Improvement lien be c3ncelled because of tIs i'act
that sidewalk is constructed over TJrivG.te ,JroT:ertv '.ihich
deri ve 13 no benefit the refrom~ Fer' liidewalk. along 'Vi. line,
Lot 5 Block 79 amounting to ;i94.76.
Mr. Cromer asked vihat nrOf':ress had been
made in th~matter of pavi:n,:; and r;rading Andrews street and
was advised by Mr. Gwynn that no bids had, so far, been submitted
by the two local contractCJI'S, [md it looked as though tt would
be necessary to advertise for bids on mid work.
Mr. Hill reuorted local ])lumbers had re-
quested that the ]Jlumbing contr"actors' license be rasa8ci to
)25.00 and no holf-year licenses issued. It VJas ex:;;J.ained
that it was impossible to :raise tr-s license fee withC'ut the
passage of an ordinance; also that restriction of half-year
licenses in connection wi.th the Dlumbing business only, was
unfair, and that this could only be done if 8,Qplied c;encrally
to any and aD. businesses and "-,rofessions.
r..
By mc'tion of Mr. Wodischek, seconded by
Mr. Barton, and unanimously carried, the Clerk was authorized
to employ an appraiser to value new 1wildings and improvem,':nts
for 193~ assessment roll pu:i:'~:oses.
Chairman of the dater Committee reported
that both of the City water tanks need~painting badly. He
recommended that the v.ork be (lone at once by an ex'cerienced
man on the new tank and als:-; on the old auxiliary t.'3.nk, possibly.
It was accordingly moved by Mr. Gwynn, seconded by Mr. Wodischek,
that the Clerk advertise !!lor bids on this Vlork to be done
according to speci~"ica tions ]1t'c:pared by the Chairrran of the
,later Committee; said Sl:ecifications to be such that bids may
be submitted on each tanl( separately, ~ on the two as a
combined job. Mr. Genton seconded the motion, mich on roll
call, carried unanimously.
WU'. Wodischek reported Mr. Baker was viith-
out a sra re hydra nt, and moved that he be authorized to purch ase
one for replacement purposes in case of brffikage or damage in
trn City's sY3tem. Mr. Gwynn seccnded the motion, which
ca 1'1' ie d unan imo usl y.
Councilman Gwynn reported on the street
marking proposition, stating the :price of fifty cent" per side,
submitted by A.T. Smock, for lettering trn paste, was in line
69t
co~ry"CIL CIllJJJ3ER - April 12, 1937
with the cost of those throughout the City of West Palm Beach.
The painting of the posk, the cost and size of sarre were all
discussed but it was finally moved that the matter be laid over
unt il next regular rre eting.
The Buildi ng Inspe ctor !)resen tod an appli-
cation from the Seaside Sandwich Shop reCiuesting l1ermit to
enlarge buj.lding to the au tel' edge of porch and extend porch
ten feet further East. This VK:luld lJlace building twenty feet
from the new pr01JC1sed boulevard line, he SGid, and as it 'i.auld
be an improvement iD the present constrmtion he could see no
reason for not granting perJl1i t. It was therefore moved by Mr.
Wodischek that SGme be granted. Mr. Gwynn seconded the motion
which carried unanimously.
Application for pennit to add another story
to a section of the Arvilla Tearoom was also submitted. The
Fire Chief eJeplained that fire regulations called for fireproof
construction on new buildings and additions in the first fire
zone whereas applica ti on calle d far fr3Ille construction. This,
and the fact that less tban five feet was allowed between
building and lot lines, conflicted with the building requirements,
but inasmuch as such addEd construction did not increase trn
fire bazard or the violations already existing on the property
be considered the ~rmit shouJD. be granted. It was therefore
move d by 1!r. Woclis chek, seconded by Mr. Barton and unanimously
carried that same be granted after approval by the State Hotel
Conmi ss ion.
Fire Chief Cook reported that Convention
and Fire College would shortly be in session and asked the
Council if they v.o uld again donate ::Im .00 tooards trn expense
of firemen attending the S€ n:eetings, whereupon it was movecd
by Mr. Gwynn, secunded by Mr. Genton and unanimous ly carrie d
that the City donate')m..)O for mid purpose, as in past years.
It v.as moved by 1.51'. Genton, secondecL by Mr.
Hod ischek and unan imously carrie d that billsnumberod 1974 to
2017 l1aving been C.IC'd by the Finance Comm.ittee, be rsturned
to tl1e Counc il and 81' dered paid.
There
before the Council it was
that the meetin,; adjourn.
bing no further nusiness to corre
regularly moved, seconded and curried
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rnf>" W.c..~
Ci t Y Cle rk
M
Preside