07-12-37 Regular
733
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com~CIL CHAMBER
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July 12, 1937
The Council met in regular session at 7:30 P.M.
with the following members present: Mr. Barton, Mr. Gwynn,
Mr. Hill and Mr. Wodischek. The Mayor and Councilman Genton
were absent.
The minutes of the Illgetings of June 28th and July
5th were approved as read.
A communication fXom Raymond S. Yeomans, President
of Zook Palm Nur serie s, Inc. was read, in which he protested
against the proposed grading and paving of Gleason 8:treet,
where it abuts on the Zook properties. The letter further
stated that :Mr. Zook misunderstood the petition which he
Signed asking for such construct ion, thinking it was merely
a request for an estimate on such work. He stated the Company_
could not afford such street construction at this time,
which it was estimated would cost them around $6,472.38.
A long discussion ensued as a result of this commun-
ioa tion, it be ing stated by Mr. Carr that approximately
40% of the one mile r:igh t-of-way in que stion was re presented
by the Nursery, and that about 70% of the ergineering for
said work had been completed, specifications drawn, and bids
called for. Clint Moore had cleared the property at a cost
of approximately $100.00, the engineering would run around
$600.00 it was estimated, and the City had incurred an
additional bi 11 of ::laoo .00 for the moving of trees at' f the
proposed right-of-way by Mike Blank, which involved a total
e::pense, to date, of about $850.00. Asked if his Corpor-
ation was willing to assUllB this eX"Jense, 1&. Zook replied
that his Company had no money whatever for this purpose.
Mr. CroDler also asked what action should be taken
in regard to the ril9'1t-of-way already deeded, in the event
:the Gleason Street program is withdrawn.
It was finally moved by Mr. Barton, that defini te
action in this matter be deferred until ne::t regular mee ting.
IVIr. Wodischek seconded tl:Je motion, which carried unanimously.
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PrlllOf of publication was furnished the Council show-
ing that resolution No. 189, together with proper notice and
certificate had been published in the Delray Beach News,
a newsp:tper publisl:ed in tl:Je City in its ise,ues of July 2nd
and July 9th, shomng the City's intent ion t<5 improve and
pave Seabreeze Avenue.
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734
CODNCIL CHAMBER - July l2, 1937
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No one appeared personally before the Council to
object or give any reason why said Seabreeze Avenue should
not be ililj)ruved and paved in accordance with the resolution
adopted by the City Council and published as shown in said
proof of l)ublication, and it was therefore regularly moved,
seconded and carried that b ids be called for on this work,
to be opened a t the next regular meeting of the Council.
The Clerk having reoorted till t no bids for the Beach
fill and paving work had been received, it was regularly
moved, seconded and carried that the Clerk re-advertise for
bids, and include in sane tJ:e requested Seabreeze Aven1le3
paving, and that specii'ications be prepared so that the work
nay be bid on, in part, or as a whole. Mr. Wodischek
stated there was SODle difference of opinion by property
owners as to the desirability 0 f header curb construction,
and the City Egnineer informed him that it was his recommen-
dation that tJ:e IRving be constructed with header curb,
which he considered was necessc,ry, but that bids could be
called for on the fill, and on the road separately, TIith
or without curb, if the Council SJ desired.
1IT. R.C. McNeil then addressed the Council stating
th at his subdi v is ion, Vista Del :Mar, had been damaged by
reason of the grade estalllished on Andrews Street. This
he said was higher th an the grade 0 f Avenida Grande, which
street had been approved by a previous Council. He also
sta ted, that if Gleason Street was paved, as contemplated,
it would affect Nassau Park in the saDle way, and demanded
that the City do something about the drainage in these sub-
divisions, otherwise he would attempt to stop further
construotion of the se streets by the City.
Howard Cromer stated he had talked this over with
Mr. McNeil personally, also communicated with other property
owners in Nassau Park Sub division, and believed these part ie s
would be satisfied if the City would raise the elevations
of Jo Jo Avenue and Avenida Grande so as to conform with
Andrews and Gleason Streets, when construoted, and he
said further tha t Mr. McNeil had agreed to give the 17 feet
requested for Andrews Street Right-of-Way, if' the City
would do this. This work wuld cost a-proximately $250.00
on Jo Jo Avenue and $375.00 on Avenida Grande, aocording to
estimate of Geo. W. Carr.
It was therefore recommended by the Council that this ,
work be included in the Er):gineerts plms and specifications
for the Andrews, lDwry, Gleason streets and Seabreeze Avenue
construction, and that said specifications be prepared so
that optional bids may be submitted on any nart, or on all
of the ~ollawing construction.
Fill work only, on Andrews, lDwry, Gleason & Seabreeze
Avenue
735
COUNCIL CHAMBER - July 12, 1937
Paving and Header Curb. on aba.e streets, also
including therein the construction necessary in
raising level of Avenida Grande and Jo Jo Avenues
to conform wi th the grade s 0 f Andrews and Gleason
Streets, resj:8ctively.
By motion regularly made, seconded and carried, the
following notice was authorized to be published, asking for
sealed bids for the construction of said work, said no ti ce
being as follows:
NOTICE TO CON.TRACTORS FOR STREET
PAVING DELRAY BEACH, FLORIDA.
BIDS: JULY 26, 1937
Sealed p ro1)Osals will be rece ived by the City
Clerk of the City of Delra y Beach, Florida, un til
twelve o'clock noon, July 26, 1937, and will
be publicly oj;:ensd and read at eight o'clock P.M.
at regular Council Meeting on the same date, for
filling, paving and Grading Andrews Street, Lowry
Street, Gleason Street and Seabreeze Avenue, accord-
ing to plans and specifications on file with the
City Clerk at the City Ball in Delray Beach, Fla.
Approximate total quantities are as follows:
4.93 Acres Clearing and Grubbing
Cubic Yards Constructing Dykes
" " Filling and Grading
.. " Fine Grading
Lit!. F'Il. Concrete He~der
Sq. Yds. Paving
" " Surface Trea tment
5789
38166
4789
13056
14440
14440
Plans and specifica tions are on file with the Ci ty
Clerk and with the City Engineer, Geo. W. Carr,
in West Palm Beach, Fla., and may be obtained from
the City Clerk upon payllE nt of a deposito f ~5. 00
which will be returned if the plans and specifications
are returned in good order within thirty days after
the receipt of bids.
The City reserves tl:Je right to reject any and all
proposals.
~ 0 (;J f'AFlAA<r
Mae . Cra'!lp
City Clerk
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Geo. W. Carr
City Engineer
736
CODNCIL CB.AMB:r?R - July 12, 1937
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A letrer was read from Delray Beach News offering
to supply copies of the City Charter, printed in booklet
"form, with index, for a prioe of $80.00 for 250 copies or
$90.00 for 500 copies, and it was moved by Mr. Gwynn that
the City purchase 500 copies of saDle. Other IOOmbers of
the Council did not consider tre City required that many
copies, and the motion was lost for want of a second.
Mr. Samuel Ogren, in behalf of the Kiwanis Club,
addressed tl:Je Council, stating his organization had appoin tee
a Committee to cooperate with the City Council in estab-
lishing a workable building code and zoning ordinance
/ and asked tb:at a committee from the Council be re-appointed
to work out details of the se ordinances which were pre-
pared a couple of years ago, but which had never finally
been adopted. He said a zoning ordinance was imperative
at this time, he felt, by reason of the new building, which
would inevitably be constructed East of tl:Je Canal wl:Jen
the filling of the lowlands and tl:Je construction of new
streets in that district is completed. He also recomnended
that streets be numbered uni:lllli:'mly throughout the City,
doing away with the former names of streets, as they
exist on the beach and certain subdivisions in the City.
He s2id his Committee, consisting of L.W. Cook, R.C. MoNeil,
John Thieme and himself, as Chairman, Viould gladly cooper-
ate with anyone the Council might designate. In this
connection, the President of the Council appointed 1&.
Barton, Ch airman 0 f the Parks Committee and J.K. Gwynn,
Chairmsn of the Street Committee to work with 1&. Ogren
and hi s Committee on this Bo ard.
Mr. John Adams representing his clients, E.M. Wilson
and Paul Rehr, asked abandonIOOnt of the alley runnling
North and South between Lots 3,4, and 5 Block A-I and
lots 1,2 and 16 Block 1 as dedlica ted on duly recorded
plat of Lakeview Heights Subdivision. As it was shown
that the alley in Question affected no one but Mr. Wilson
and Mr. Rehr, and letters had been received from C.N.
Johnson and W.E. Barto, prol:erty owners on the North and
South of said alley, agreeing to said abandonment, it was
accordingly moved by Mr. ITodischek that the ~'ollowing
resolution be adopted:
A REi30LUTIOn :gy mE CITY COr,'1MIS:3ION OFl'lili CITY
OF D"LRAY BEACH, DT REGULAR SESSIOF SITTIFG,
AB.d.lJDCJJIITG CERTAIN ALL8YS ,'iITHI1T SIJD CITY.
.
iT.HEREAS, That certain alley my lying between Lots
one (l), two (2) and sixteen (l6) in Block one (1)
of lake View He ights, a sub div isi on of Delray Be aCh,
Florida, snd lying between Lots three (3), four (4)
and five (5) of Block l-A of Lake View He ights, a
737
COUNCIL CR,U,ffiER - July l?, 1937
subdivision of Delray Beach, Florida, according
to the nla t of said sub division on file in the '.)ffice
of the Clerk of the Circuit Court in and for
Pa~n Beach County, Florida, and recorded in Flat
Book 4 at page 67, has never been used by the
public, and the consent to close sallE having first
been had by the adjoining prcperty owners,
NOW, T'"dER3FORE, DE IT ReSOLVED, By the au thori ty
aforesaid that said alle'-my be abandonee! for use
as an alley-my by the pnblic and that same is hereby
released to the acljoining property owners and aband-
one d fur use a c a pub lic s tree t or alley.
Mr. Gwynn seconded the motion for ado2.ltion which carr:led
una nimo usl y.
TJ:e Clerk then presented and read the following
or dina llCe:
AN ORDINANCE 0--' TIE CITY JF DEU,AY B3A.CH, IN PALM
_ BEACH COUYITY, FLORID!l., AMENillN'G THE OCCu,cATIONAL
LICENSE ORillNAlTCE OF THE CITY; AND ALSO MODIFYING,
Al\'D J\!JE1\'DING AN ORDHTJI.1JCE CR?..A TING A COMMISSION
ON PLUMBING A~m EIJWTRIC.l\.LiIRING; AND :2TXTNG THE
LICENSE FEE TO BE CEARGED PER::DNS, FIl,,-'VIS OR COR-
PORATIONS EtTGAGED AS nmmING cormACTORS IN THE
BUSINES,S OF INSTALLING, ALTERING OR REPAmnm PLm.m-
mG FI::cr'URicS;' PIPES AND A~'~ LIANCES; AND PROVIDING
FOR PEPJiII'IB TO :s:r IS;1U~;D :C'LUMBING CONTHACTORS FOR
A JOUDFEY-MAN TO 'CiORI: U,'D:ILR SAID COlTI'P.i\.CTORS'
LICENSE; Alm l'ILSCRIBING 'f.HE CON'DITIONS Uf{)N rlIrrCH
SAID LICENSES AND I-'E?J.IITS SHALL BE ISSUED lJTD
nXING A l:"ENALTY FOR TlJE VIOLATION TI-illR30F.
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The Chairman explained that the ordinance Vias now
up fur final passage and if any of the plum';ers present
had any remarks or recoTIu'londa tions to make in regard to
sane, the Council would gJa dly discuss it wi th them.
Arguments were presented for and ag;.inst tre proposed
ordinance, vihich raised the license for contracting plumbe!l?s
from ,:)l5.00 to ,}lW.OO for the :first year and $50.00
tor future renewals of said license. Mr. Elliot t of tre
local firm known as Delray Plumbing and Speci al ty Company
urge d its passage, bu t Geo. Pinckne y, O. D. Burns and J. W.
Roadh contended such an or'_linance would work a hardship
on the citizens who w::mld ultimately have to bear the ex-
pense of the higher Hcense fee. Fred Scott protested
against such a hi~ li cense being Charged for the Seacrest
Hotel's maintenance man. After further discussion pro
and con, in which sentiment seemed to be agpinst the pass-
age of tJ:e ordinance, it vias moved by Mr. Wodiscllek that
further action in the ms:t tel" be deferred. Mr. Barton
738
com;rCIL CHAMBER - July 12, 1937
seconded the motion, and on roll call the vote was as
follows: Mr. Barton yes, Mr. Gwynn no, Mr. Wodischek
yes. The motion carried. The Electrical Contracting
Ordinance was al so tabled;
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A le tter from A. C. Mittendorf was read to the
Council further referring to the City's refinancing plsn.s,
and it was suggested by the City Attorney that the Council
appoint an advisory committee, composed of citizens from
every section and faction in inwn, to study the Bondfi-
holders propoS3.l and confer with the Council in working
out a counter-propoS3.l for debt refunding. In this way
it was considered all interests would be represented and
a plm agreeable to all would be more readily worked out.
It was accordingly moved by Mr. Barton, seconded
by Mr. Wodischek, and unanimously carried, that the Chair-
man appoint such a committee, composed of ten ci tizens
to be known as The Delray Beach Citizens Refunding Com-
mittee. Members of said committee were appointed as
follows:
E.B. Foote, Chairman
B.F. Sundy
Dr. J.L. Love
Leslie Brown
John Berg
John Adams
E .IiI. Wilson
LeRoy E. DigeJIns
O. Helland
Wm. J. Walker
It was moved by :Mr. Barton, seconded by Mr. Wodis-
chek and unanimously carried that the following resolution
be ado pted.
RESOLUTION 185
ORDINANCE BOOK 4
A RESOLUTION OF THE CITY COmTCIL OF THE CITY OF
DEmAY BEACH, FLORIDA, APPOINTING GEORGE W. CARR,
CITY ENGINEER FOR CERTAIN STREET WORK.
Mr. Wodischek revived tl:Je matter of printing the
City Charter, stating he believed the City should have
copies on hand for distribution ullOn request, and moved
that a quantity of 250 be purchased at the quoted price
of $80.00. Mr. Earton seconded the motion, which carried
unanimously.
It was regularly moved, seconded and oarried tha~
Council adjourn.
~~ fL fj tACA-1Mf
ity Clerk
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