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06-14-37 Regular 71J2 COUNCIL CHAMBER June 14th, 1937 The CouncLl met i.n regular session at 7:30 P.M. with the }~yor, City Attorney and the following members present: 1tr. Barton, Mr. Hill, 1w. Gwynn, Mr. Genton and Mr. Wodischek. The minutes of the meeting of May 24th were read and approved. A letter from Emry Pickren, former Traffic Officer of the City of Delray Beach, injured ina motorcycle accident, tendering his resignation as city Traffic Officer was received and read. It was discussed a t the meeting that Mr. Pickren had regained his former physical health and condition and had been employed as Traffic Officer for Palm Beach County. A communication from Geo. E. Brown, Associate Supt. of the United States Engineer's office in Miami Beach enclosing a War Department permit was read. This letter stated that said permit had been issued by the District Engineer authorizing the City of Delray Beach to dredge to a depth of 13 feet at mean low water, the dredged material to be deposited as a grade for Andrews Street, in and adjac- ent to the Intracoastal Waterway, easterly side, at the prop- erty immediately north of Laing Street. It was moved by ~~. WOdischek, seconded by Mr. Barton and unanimously carried that this communication be referred to Geo. Carr, City Engineer, for reply. The matter was then brought up regarding the employment of a Superintendent of Public Works. Letters of application were read from Mr. Howard Cromer and 1tr. W.V. Sternberger. It was regularly moved, seconded and carried that these applications be filed. It was the opinion of the Council that a Superintendent who was also an engineer was needed, but on account of the lack of funds and because no provisioID had been made in the last budget for this pur- pose, it was deemed inadvisable to make such an appointment at this time, whereupon the Mayor stated that this appoint- ment would save the City monies in other ways because of the work being well organized and under regular supervision. After some discussion, it was moved by Y.r. Gwynn and seconded by Mr. Wodischek that a Superintendent be employed at a salary not to exceed $200.00 per month; this money for salary to be borrowed from the Water Meter Deposit Fund and paid back by levying millage for said purpose in the budget next year. On roll call the vote was as follows: 1tr. Barton yes, "; 713 COUNCIL CHAMBER-June 14th, 1937 Mr. Genton yes, W~. Gwynn yes, Mr. Hill no, Mr. Wodischek yes. The motion carried. The question of which applicant to appoint was then discussed. Mr. Howard Cromer of this city and Mr. R.G. Lynn of West Palm Beach were both present and addressed the Council, giving their qualifications. Mr. Lynn stated he was not a registered engineer but could take an examination and get his license to be one; which pro- cedure would probably take about six months. It was finally moved by Mr. Wodischek and seconded by Mr. Gwynn that W~. R.C. Lynn be ap~ointed as Supt. of Public Works at a salary of $200.00 per month. On roll call, the vote was as follows: Mr. Earton no, Mr. Genton yes, Mr. Gwynn yes, Mr. Hill no, W.r. Wodischek yes. Motion carried. It was agreed that the Mayor call a special meeting later to outline Mr. Lynn'S duties. A letter from ltr. Aaron T. Smock was read stating the terms on which he agreed to do certain painting work for the city in payment of delinquent taxes. He stated the property in question was Lot 6, Block 69, vacant property which could be settled on the 25% basis. These taxes could be settled for $177.52 at this time. He agreed to pay $50.00 in cash leaving a balance of $127.52. For this balance due the city he wished to do $200.00 worth of sign work and to receive $127.52 in cash which cash he agreed to i~~ediately repay to the City for the balance owing for taxes on said Lot 6 Block 69. It was moved by Mr. Gwynn, seconded by Mr. Genton and unanimously carried that action in this matter be deferred until next meeting at which time the Clerk can report whether or not any written agreement was previously made with Mr. Smock regardir~ the taxes in question. It was brought up by the Clerk that the res- olution passed allowing property owners to settle property on the 25% basis expired July 1st, 1937. It was stated that some property owners had~eals pending and wished the time limit extended. In view of this fact, the City Attorney was instructed to draw up a resolution allowing property owners to settle taxes for 1932 and prior years and all liens on the 25% basis until October 1st of this year; said re- solution to be presented to the Bondholders' Committee for approval before adoption of same by the Council. A communication from 1tr. Oscar Sabin was read which stated that he owned Lots 1,2,3,4, and 5, Block 4, Oceen Park and wished to register his objection to the paving of Gleason Street. He stated his reason for objecting was that such paving would damage his property as a residential site because said property faced Atlantic Avenue. He also stated he objected to Gleason Street being filled with the dredge because of the salt water running on his property and the fill doing considerable damage. The Clerk was requested to notify Mr. Sabin that a resolution had been adopted by the Council for the paving and filling of Gleason Street. 714: COUNCID CHAMBER - June 14th, 1937 City Engineer, Geo. W. Carr, and City Attorney C.Y. Byrd, presented to the Council proof of publication showing that resolution No. 182, together with proper notice and certificate had been duly published in the Delray Beach News, a newspaper published in the City in its issue! of May 28 and June 4. The President of the Council asked if any person or persons had any objections or knew of any reason why said Gleason, Lowry or Andrews Streets should not be paved in accordance with the resolution adopted by the City Council, and published as shown in said proof of publication. No one personally appeared before the Council to object to the work being done. On motion of Mr. Barton, seconded by Mr. Wodischek and unanimously carried, the following notice was authorized to be published, aSking for sealed bids for the construction of said work, said notice being as follows: (refer to Resolution 183) NOTICE TO CONTHACTOR2 FOR STREET PAVING DELRAY PEACH, FLORIDA BIDS: JUNE 28, 1937 SEALED PROPOSALS will be received by the City Council, City of Delrsy Beach, Florida, until twleve o'clock noon, June 28, 1937, and will be opened and read at eight o'clock P.M. at regular Council meeting on same date, for paving, filling and grading said streets, Andrews Street, Lowry Street and Gleason Street, according to plans and specifications on file with the City Clerk and the City Engineer at the City Hall, Delray Beach, Florida. Approximate total quantities given herewith: 43,215 cu. yds. filling and grading 12,944 sq. yds. paving complete $500.00 certified check to accompany each proposal. Plans and specifications are on file with the City Clerk and City Engineer, copy of which may be obtained on deposit of $5.00 which will be returned when plans and specifications are returned in good condition. The City reserves the right to refuse any and all proposals. Mae. W. Cramp, City Clerk Geo. Carr, Acting City Engineer. 715 COUNCIL CHFJMBER - June 14th, 1937 A petition from property owners owning lands adjoining and abutting on Seabreeze Avenue lying between Atlantic Avenue on the south and Lowry Street on the north was filed as follows: TO THE MAYOR AND CITY COUNCIL of the City of Delray Beach, Florida. We the undersif~ed property owners, owning real estate in the City of Delray Beach, abutting on Seabreeze Avenue lying between Atlantic Avenue on the South and Lowery Street on the North, do hereby respectfully petition the Honorable City Council of the City of Delray Beach, to fill in and construct a twenty foot hard surfaced street along said Seabreeze Avenue from Atlantic Avenue North to Lowery Street. It is our desire to have said Street constructed of rock not less than eight inches in thickness, rolled and water-bound, and properly oiled in accordance with the City Engineer's snecifications. We further desire to have the cost of the construction of said street assessed to the property abutting along said street so improved, said cost to be paid in ten equal annual installments to be evidenced by lien certificates. In accordance with said petition it was moved by Mr. Genton seconded by Mr. Wodischek and unanimously carried that the following RESOLUTION NO. 183 ORDINANCE BOOK 4 be adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN STREET IMPROVEMENT WORK. After the adoption of the above and foregoing resolution the City Engineer, Geo. W. Carr, being present at;the Council meeting advised the Council that he had pre- pared the plans and specifications for the filling and paving of Seabreeze Avenue and would like to submit said plans and specifications to the City Council, and to the petitioners, for approval. Whereupon it was regularly moved by Mr. Gwynn, seconded and carried that the following RESOLUTION NO. 184 ORDIN~~CE BOOK 4, be adopted. A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS OF THE CITY ENGINEER FOR CERTAIN STREET I~{,pROVEMENT WORK TO BE CDNSTRUCTED AND ALSO THE ESTIW~TED COST OF THE PROPOSED IMPROVEMENTS, ;rJUCH IS SET FORTH IN SAID PLi.NS AND SPECIFICATIONS. ,. 716 COUNCIL CR~BER - June 14th, 1937 ~. A letter in duplicate was read from the F.E.C. Railway enclosing plans showing the proposed location of the traffic light signal at side of Atlantic Avenue. The communication stated that before proceeding with the work of re-locating the existing signals at Atlantic Avenue from center of street to side of street and installing the signs reading "STOP on RED SIGNALfl and sign indicating number o.f tracks at both Atlantic Avenue and N.E. Second Street, it was desired to secure the approval of the City Council. It was therefore moved by Mr. Wodischek, seconded by Mr. Barton and unanimously carried that these letters be signed by the proper authority and be returned to the Railway Company. Mr. J.M. Cromer addressed the Council stat- ing that in view of the fact that so many consumeDs did not keep their lawns in good condition because of the water rates, he recommended the mini~um charge be continued at $2.00 per month but that 10,000 gallons of water be allowed instead of 5,000 gallons each month, during five or six months of the summer season. It was explained by the City Attorney that our rates were cheaper than other cities along the East Coast and that the rates also included an extra charge assessed to take the place of homestead tax exemption. It was moved by Mr. Barton, seconded by 1tr. Wodischek and un- animously carried that this matter be referred to the Water Committee for investigation and report at next meeting. , The contract between the City of Delray Beach and Elf Jenkins for the painting of the two w~ter tanks was discussed. It was moved by Mr. Gwynn, seconded by Mr. Barton and unanimously carried that the Mayor and Clerk be author- ized to execute said contract. The following Ordinance was submitted to the Council by the Ordinance Committee and on motion regularly made, seconded and ca'rried said Ordinance was placed on its first reading and read in full. On motion regularly made, seconded and carried the Ordinance was passed on its firs) reading. On roll call, the vote was as follows: Mr. Barton yes, Mr. Genton no, Mr. ~~nn yes, Mr. Hill yes, Mr. Wodischek yes. ORDINANCE NO. BOOK ..~... \' AN ORDINANCE OF THE CITY OF DELRAY BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING THE OCCUPATIONAL LICENSE ORDINANCE OF THE, CITY; AND ALSO MODI- FYING AND AMENDING AN ORDINANCE CHEATING A COMMISSDN ON ?LUMBING AND ELECTHICAL WIRING; AND FIYING THE LICENSE FEE TO BE CP.ARGED :?ER20NS, FIRMS OR COR- PORATIONS ENGAGED AS PLUMBING CONTRACTORS IN THE BUSINESS OF INSTALLING, ALTERING OR REPAIRING PLUMBING FIrTURES, PIPES AND .'\P-'LIANCES; AND PRO- VIDING FOR PERMITS TO BE ISSUED PLUIflBING CONTFJcCTORS FOR A JOUfCNEY-MAN TO VlORK UNDER 2AID CONTRACTORS' 717 COUNCIL CHAMBER - June 14th, 1937 LICENSE; AND PRESCRIBING THE CONDITIONS UPON ViHICH SAID LICENSES l~ PERMITS SHP.LL BE ISSUED AND FILING A PENALTY FOR THE VIOL.lcTION THEREOF. ~he follmnng Ordinance was submitted to the Council by the Ordinance Committee and on motion regularly made, seconded and carried said Ordinance was placed on its first reading and read in full; and on motion regularly made, seconded and carried, passed on its first reading. ORDINANCE NO. 10e BOOK AN ORDINANCE OF THE CITY OF DELRAY BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING THE OCCUPATIONAL LICENSE ORDINANCE OF THE CITY: AND ALSO MODIFYING AND .~lli~~ING ~~ ORDINP_~CE CREATING A CO~~ISSION ON PLmmING AND ELECTRICAL 'YIRING; AND FIXING TEE LICENSE FEE TO BE CHARGED PERSONS, FIR.c"M:' OR CORPORATIONS ENGAGED AS :ELECTRIC .\L CONTRACTORS IN THE BUSINESS OF INST,u.LLING, ,'\LTEFING AND REPAlllING ELECTRICAL WIRING 1ND APPLlj~CES; .~D PROVIDING FOR PE~~ITS TO BE ISSUED ELECTRICAL CONTRACTORS FOR 1\ JOURNEY-MAN TO WORK UNDER SAID CONTRACTORS I LICENSE; AND PRESll5 CRIBING THE CONDITIONS UPON WHICH SlID UCENSES AND PERMITS SP...,'\LL BE ISSUED AND FIXING A PEN,~TY FOR THE VIOLATION THER~OF. The Clerk was instructed to notify tradesmen in each of these trades regarding said ordinances advising that if they have any objections to the passage of same, such objections should be presented to the Council at its next meeting. The City Attorney reported that the Delray Beach Charter Bill and the Act as to issuing refunding bonds had passed the State Senate and been ap',roved by the governor. {. A petition calling for a referendum vote on the Charter by the qualified voters of the city was presented to the Council. It was moved by Mr. Barton, sedonded by Mr. Wodischek and unanimously carried to adopt the follow- ing resolution calling for an election the first Tuesday in July. RESOLUTION NO. 187 BOOK 4 RESOLUTION PROVIDING FOR REFERENDUM FOR VOTE ON PROPOSED ~~N CITY CHARTER. "1 Councilman Genton reported that Mr. Roderick C. McNeil has requested the City to make the street through Vista Del Mar conform with Andrews Street which will take about 7" of rock added to the present paving. No action was taken in this matter. " ;j;: 718 COUNCIL CHAMBER - June 14th, 1937 The Clerk reported Cl deficit in the General Operating Fund and stated it had been necessary to borrow from the Water Fund $5,000.00 to take care of current ex- pense up to June 15th. The condition of City finances had been gone into thoroughly by the Finance Committee, she advised, and because it had been clearly shown that anti- cipated revenues for the balance of the fiscal year would not warrant a re-payment to the Water Fund by the General Fund of said $5,000.00 loan, the Finance Committee recommended that monies in the Library Fund and in the Tax Certificate Account be permanently transferred to the Water Fund to partially repay said Water Fund for the loans made for op- eration purposes and that further refunds be made to water Department Fund from the Tax Certificate Fund as monies accrue therein. It was moved by Mr. Barton that the Clerk's action in this matter be approved. ~!r. Genton seconded the motion which carried unanimously. Mr. Geo. Carr, City Engineer, appeared before the Council and com~ented on the paving and grading of Andrews, Lowry and Gleason Streets, stating that the cost of same was to be spread over a period of ten (10) years and if any of the streets are constructed without the header they will not be satisfactory. By motion regularly made, seconded and carried, Council adjourned. ')haIL {,(l. C~~ C1 ty Cler APPROVED: pre'1d~~ Mi~C,.mb"