01-28-46 Regular
COUNCIL CHAMBER
;ranuary 28, 1946
~e Couneil met in regular session at 7:30 P.M.
with all members of the City Couneil and the City Attorney
present.
wished minutes of
No one did, so'
:Ma:yor DeWitt asked if a DYone
meetings held Jan. 14th and 24th read.
minutes were approved as written.
Fire Ohief Barrows presented a request for
additional fire hose Which would cost '925. He stated it
was very badly needed. This matter was turned over to the
Finanee Committee to study, with powe~ to aet; by motion
regularly made, seeonded and unanimously earried.
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Fire Chief BarrowS advised the Couneil, in his
opinion a four ineh valve on new fire hydrants was not
large enough and reeommended they be changed. The Mayor
stated he would take tbis up with Smith & GUlespie, and
asked the Clerk to ~ontaet :Mike Blank. If bydrants have
not been orde~d, to stop ordering on them until a later
date. .
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:Mr. L. Hand addressed the Couneil requesting
some plan be worked out for regular day to collect waste
paper in the business area. The Mayor told Mr. Hand he
would work out a plan with the Fire Dept. whereby they
would at regular intervals burn waste paper.
Mr. Kenneth Montgomery addressed the Council
rega'ding a parking lot aeross the street from the U.S.O.
He advised the Home Owners Association had eontacted the
owners of the property, and they did not object to its
being used for this purpose, providing the City would
make the property useable as parking lot.
County Commissioner Byrd presented a letter
from the Clerk of CIreuit court in whieh he advised the
County was practieally ready to make distribution of
funds reeeived from the sale of County owned property,
and asking for amount of taxes due the eity on this land.
The Olerk and Attorney were instrueted to eompile these
figures for :Mr. Arnette.
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:Mr. Byrd also advised that the county had lot
241 listed for sale for delinquent taxes. This is part
of the City yacht basin. Attorney Nowlin agreed to che'ck
into this matter.
:Mr. Byrd asked the Council to pass the ordinance
regarding business zone for iTohn B. ReJd as he wanted to ../
buUd shops on the Atlantic Avenue portion of land, SllJJd v
the old Council had assured Mr. Reid when the filling in
began, they would then zone the property. The Mayor advised
that the Council desired a plot plan showing exactly what
:Mr. Reid contemplated. build ing before any action is taken.
:Mrs. Mabel Brown presented a petition signed by'
herself and eighteen other persons, protesting to the use
:Mr. E. B.Nichols is making of his used car lot. They
S~~~G paint spraying was being done in the open which Is
a fire hazard, and the noises made in making car repairs
was very objectionable to the persons l~ving in that area.
She, Mrs. Brown, adviSed the Council Mr. Niohols had
promised he would not use the lot as a car repair shop or
tilling s.tationf Ellis Lamb advised, :Mr. Nichols had
assured him he would oIlly display good looking automobiles
for sale, and now has all types of cars on the-lot. After
discussing the matter the :Mayor told :Mrs. Brown if it was
wlthlnthe power of the Council, they; would do everything
possible' to olear this situation up.
Bu.ildIngInspeo.tor Adams was authorized to issue
permit to E. Andrews for a 12x2Q' quonsit hut for gas storage
purposes.. if it is not in conflict with zoning requirements
of the territory where it is to be erected.
The buIlding inspector stated Mr. Reid wished to
erect a sign larger than is allowed by the city code.
Attorney B~d advised, Mr. Reid had decided to ereot the
sign back far enough on his own land where it would not
oonflict with the code. -
:Mr. Allabough, representing owners in Byrd Beaoh
asked what steps would be neoessary to secure city water
for that dis*rIo.t. The Mayor said he would arrange a
meeting with Mr. Allabough and his group, with the Water
Committee, in the vet:y near future, at whic~ time this
matter can be gone into thoroughly.
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Councilman White reported that :Mr. Stephens, a
property owner in Nassau Park had asked him to find out
Just what the city will do regarding draInin~ of water
from Nassau Street. After a lengthY d iscn~. the Dlerk
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was instruoted to advise Mr. Phillip Stevenson that after
the Oouncil has consulted an engineer about levels, etc.
they will advise him their decision.
Letter from Arundel Corp. doing fill work for
ReI~ was read, in whioh they asked for a me~ng wIth
Street Commissioner, Engineer and Council regarding drainage
in Hassau Street and tabled for further study.
Councilman White submitted bid from iTohn B. ReId
for filling in of Gleason Street in compliance with city's
specifications. Amount of bid b~ing 16,500. ThIs matter
was tabled until the Council can determine just what the
city's liability is in the filling.
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Bills from George W. Carr were approved and
ordered paid, as followSI- .
$381.00 - work on establishing building line on
one mile of ocean boulevard, according to a recorded plai.
$79.60 work on drainage elevations.
Nest, Councilman White brought up matter of
cemetery plat1 and EngineerCar1' submitted his estimate
for cost, at ,7,825. He recommended the city go ahead
with the RBi of the plat, having same laid out, and re-
corded. This matter was tabled for fU1~er study.
Councilman White turning data over to Councilman McNeece.
Councilman :McHeece reported work on beach board-
walk had been completed, also work on CasIno walk. Concrete
work on beach has not been completed as yet. aw also
st~ted shuffleboard courts had beenlompleted, and building
inspector Adama advised the work wal:(.(sati'sfaotory.
A letter from Gracey Brothers regarding removal
of beach shelters was read. They advised, their client,
:Mrs. Rhoda Klugh had removed her shelter, while no other
shelters had been removed. The Glerk was ordered to thank
Mrs. Klugh for her cooperation, and assure her the rest
of the shelters will be torn down. Supt. Harvel was '
instructed to collllllfU1ce immediately on this work. Cleldt
to write letter to the Supt. confirming this aotion.
By motion regularly made, seoonded and unanimously
carried the following members were appointed to Golf.
Committee, upon recommendation of the Parks Committee:-
C. W. Garner, Chairman
Malcolm 0 'Neal
) C. J. Manson
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Letter from F. H. LInk declinltng his appointment
as a member of the Planning Board, due to lack of time to
devote to this work, was read. Mr. Kenneth :Montgomery
was appointed in :Mr. Link's place, by motion regularly msde,
seconded and unanimously carried.
The Clerk was asked to write the Cha~rman of
Golf Committee requesting that he have the Golf Pro manager
require persons playing on the course be fully attire-d,
as complaint had been made that some of the male members
had been playing without wearing shirts.
Councilman McNeece advised that Leslie Brown had
offered to donate hIs beach shelter to the Golf Club as a
rain shelter. :Mr. McNeece was asked to check into the
advisability of moving the shelter to the course.
Councilman Hill presented a petition signed by
Ada E. :Martin and others requesting sewer in block 96.
!his matter was tabled until we can get an engineers report
on grade 'levels, etc.
:Mr. Hill advised the Clerk had written C.K. Simon
re: sewer for Funeral Home, and no reply has been received
as yet.
Councilman Butler advised the bond which Council
had authorized purchase of, had been received. Also that
the Clerk had asked the bond be mailed direct to her, but
the seller sent it to the bank. There was a $2.50 bank
exchange fee. Mr. Butler recommended in the future, we
get prices on bonds, delivered here, so these exchange fees
will be paid by the sellers~
Attorney Nowlin advised that he had written the
F.E.C. people regarding First Street crossing, asking that
they dedIcate a right-of-way. In the event they do not,
the attorney will begin legal proceedings to ob*ain same.
,mhe Attorney advised that as yet, Mr. :McFee had
not signed the agreement between himself and the city.
The attorney was instruc~ed to write Mr. :Mc'ee regarding
this matter and report back to the Council.
Letter~rom W. P. Gardner asking for water service
on block 9, Osceola Park was read. Supt. Harvel estimated
cost of pipe to service this property would be $193.00 for
two inch pipe. The Supt. was ordered to go ahead on this,.
using a four inch pipe.
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Letter from ;r. A. Thayer regarding hIs appointment
on Zoning Oommission was read.
The Mayor advised, report from State Board or
Health regarding City Water showed it to be satisfactory.
Supt. Harvel reported the palm trees had been
removed from water plant property.
Letter written by Attorney Nowlin for the Council,
to :Mr. H. P. Edmonds Offering him position as city manager
at a salary of 15,000. per year was read, also telegram
from Mr. Edmond's accept~ the position, and advising
he would arrive here January 31st. The attorney was ordered
to draw up an ordinance whereby the Council members would
put $40. per month of their salary (each member) toward Mr.
Edmond's salary, accepting f5.00 per meeting as Councilman's
salary. This aotion was taken due to the fact that no money
had been allocated for this purpose in the bUdge~. The Oi ty
Attorney agreed to check into the duties ot city managers.
:Mayor DeWitt advised he had received a complaint
from Mrs. Weir regarding low water p(Jessu:xte on second floor
of "Boyd" building. After a discussion, the superintendant
of public works was instructed to take whatever steps are
necessary to correct this condition inasmuch as it is a,
health menace. Mr. Harvel is to use 6" pipe (cast Iron~
if he has to go under Atlantic Avenue.
Councilman McNeece advised that a :Mr. George Ross
Who is a planning manager is now at Briny Breezes, and has
offered to devote a week of his time with the local planning
board, if they so desire, to assist them in anY way he can.
The Clerk was ordered to so advise the Planning Board.
Request from Walter G. Gilman fOr refund on season
golf membership ticket which he will be unable to use, was
turned over to the Golf Committee for recommendation.
The Clerk was authorized to issue occupational
license to Jurney Flooring Go. She was ordered to write
references given by Anson Graves. Also to request business
references from Hart Cons tructionOompany and write them, .
and to get written references to~mD.L. Phillips before '
any action is taken by the Counc~l in granting licenses.
Application for license by "Animal Oddities"
was denied by the Council.
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The Clerk was ordered to wrIte Palm Beach
Exterminators, and Orkin 00. asking whether or not they
are operating in this city, and if so, for them to secure
licenses before any further work is done.
The following Ordinance was passed on its second
and final reading, by motion regularly made, seconded and
unanimously carried:- '
ORDINANCE NO. 567
AN ORDINANOE TO AMEND SECTION 4 OF
ORDINANOE NO. 535 ADOPTED BY THE CITY
COUNCIL OF THE CITY OF DELBAY BEACH,
FLORIDA, ON JULY 9, 1945, ENTITLED
"4N ORDINANCE OF THE OITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
J,.EVYING, ESTABLISHING AND IMPBlJnw A
GRADUATED TAX ON PURCHASES OF ELEOT-
RICI'l'Y', BOTTLED GAS AND LOCAL TELEPHONE
SERVIOE: PROVIDIN(} FOR PENALTIES FOR
THE VIOLATION OF THIS ORDINANCE AND
REPEALIN(} ALL ORDINANCES AND PARTS OF
,ORDINANCES INSOFAR AS 'THE SAME ARE
CONFLIOTING HEREWITH."
The f~llowing Resolution was read in fullt-
RESOLUTION UlO. 570.
.\ RESOLUTION OF THE CITY OOUNCIL OF THE
CITY OF DEmAY BEACH, FLORIPA,IN REFEBl!lNCE
TO THE LOCATION OF THE RIGBT-OF..WAY OF THE
PROPOSED NEW FOUR LANE HIGHWAY 'l'HROUGHOR
NEAR DELRAY BEACH,FLORIDA.
Attorney O. Y. Byrd advised that the Resources Development
. Board was having a publiC meeting Wednesday night to discuss
this matter, and recommended that action be held Up on
passage of the Resolution until after this meeting. The
Oouncil aocepted the recommendation.
The following Ordinance was placed on its fire'
reading by motIon regularly made, seconded and unanimously
carried:-
GIlD mANCE NO. 580.
_>!1l~~kf)F'\THE OITY COUNCIL OF THE CITY
OFPm.RAY :BEAGH~ FLORIDA~PROVIDIN(}FORFRb~
YARD SET BACK ;REQ,UIREMEN'l'S:tN CERTAIN CASES.
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Ordinanoe No. 581 was adopted on its first reading,
by motion regularly made, seconded, and unanimously carried:
ORDINANCE NO. 581
AN 1!lMERGENCY ORDUli~B OF THE CITY COUNCIL
OF THE OITY OF DELBAY BEAOH,FLORIDA,
AMENDmG ORDINANCE NO. 23Cl.
Attorney Nowlin stated it would take a little
longer to work out the legal technicalities in the paving
program and he asked as a protection to Grover Baker, that
he be g~anted an extension of time until February 15th.
to cOllDllence work. This was granted by motion regularly made,
seconded and unanimously carrIed.
OouncIlman White stated he had been contacted
regarding the exchange of block seven, owned by:Mr. SterlIng,
for the park site block which he, Mr. Sterling,gave to the
cIty years ago. He said he had been advised that block
seven could not be made into a revenue producing block at
the present time, but the park site, on Atlantic Avenue
oould be. After discussing this matter the Clerk was ordered
to advise :Mr. Sterling that the city would not consider the
exchange. Attorney Nowlin agreed to assist the Clerk in
drafting tMfl reply, relative to history of the block.
Councilman White recommended that the Council
meet before the 21st of February, to go over all city owned
property, weeding out what they could not use, and putting
same up for sale. The entire Council agreed to meet as a
committee, wednesday night, February 6th, at 7~30 to go
into this matter.
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By motion regularly made, seoonded and unanimously
oarried, the following bills, having been approved by the
FinanceOommittee were ordered paid.-
Bills D 2908, 2945, 2960, 2952, 2994-3014, 3016~
3023, amounting to $6,979.65.
OrdInance pertaining to hotels and apartments was
read in full for the second time. Attorney Byrd, representing
himself as a beach property owner, gave a lengthy discoutse
'on this ordinance as to the unfaIrness of parts of it. Many
paragraphs are covered in the building code, he advised.
The Council ,aSked :Mr. Byrd to work with the Oity Attorney on
a re-draft, submitting same to the Zoning OommissIon for their
reoommendation back to the Council before final action is
take n. ,.f.nyt1).lng covered in the building code, to be omitted
from the o~dInance.
The let. being no further business to come bffore
the Council, Council adjourned.
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City Cler
:Mayor
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