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02-24-41 Regular 1&1~ COUNC I L CHAMJER FEB ~UA ~Y 24, '194'1. THE COUNCIL MET IN REGULAR SESSION AT 7:30 P.M. WITH THE FOLLOWING MEMBERS PRESENT: MR. HILL, MR. JACOBS, MR. SABATH, ANO MR. SCOTT. MAYOR MILLER WAS ABSENT. THE MAYOR. VICE-MAYOR SCOTT OCCUPIEO THE CHAIR IN THE ABSENCE OF IT WAS MOVEO BY MR. SABATH THAT THE MINUTES OF FEBRUARY 10TH ANO 17TH BE APPROVEO AS REAO. MR. HILL SECONOEO THE MOTION WHICH CARRIEO UNANIMOUSLY. MR. JACOBS, MEMBER OF THE STREET COMMITTEE, REPORTEO HAVING INVESTIGATEO GLAOYS CHAMNESS' COMPLAINT REGAROING TREE PLANTEO IN THE ALLEY AT THE REAR OF HER PROPERTY, WHICH SHE SAIO PREVENTEO ENTRANCE TO HER GARAGE FROM 'THE ALLEY. ACTION ON THIS MATTER, HOWEVER, WAO OEFERRED, AWAITING RECOMMENDATION OF MR. MILLER, CHAIRMAN OF THE STREET COMMITTEE. IN REGARD TO THE 2O-FOOT RIGHT-OF-WAY WHICH W. L. CHRIST- ENSON CONTENDEO RAN THROUGH THE PROPERTY OF J. E. FARRAR IN SECTION 9, AT THE BEACH, THE CITY ATTORNEY REPORTEO THAT HE COULD FINO NO DEDICA- TION OF SUCH RIGHT-OF-WAY BY ANYONE HAVING AUTHORITY TO 00 SO; THAT THE ROAD REFERRED TO HAD BEEN DEDICATED BY THE MODEL LAND COMPANY AFTER SAID COMPANY HAD TRANSFERRED TITLE TO OTHERS, THEREFORE SUCH DEDICATION WAS ILLEGAL. THE CITY ATTORNEY RECOMMENDED THAT WHEN MR. FARRAR FILED PLAT OF HIS NEW SUBDIVISION, THAT HE DEOICATE A RIGHT-OF-WAY, EXTENDING HIS PROPOSED STREET ON BACK TO THE WEST LINE OF HIS PROPERTY, THUS PROVIDING AN OUTLET TO THE BOULEVARD FROM MR. CHRISTENSON'S PROPERTY. THE CITY ATTORNEY REPORTED ON THE MATTER OF DONATING FUNDS TO THE PUBLIC,L,BRARY, ALSO READING TO THE COUNCIL A LETTER RECEIVED FROM THE COUNSEL OF THE LEAGUE OF MUNICIPALITIES, AND STATED THAT IN HIS OP~NION, THE CITY OF DELRAY BEACH, UNDER ITS CHARTER, COULD NOT LEGALLY MAKE SUCH APPROPRIATION OF PUBLIC MONEYS IN SUPPORT OF A LIBRARY WITHOUT A VOTE OF THE PEOPLE, INASMUCH AS' IT DID NOT COME UNDER THE HEAD OF PUBLICITY NOR UNDER ANYTHING SPECIFICALLY SET FORTH IN THE CHARTER. HE SAID THIS COULD BE READILY REMEOIED HOWEVER BY A CHARTER AMENDMENT INCLUDED IN THE BILL TO BE PRESENTED TO THE LEGISLA- TURE FOR PASSAGE THIS SPRING. MR. TURPIN AND E. B. FOOTE BOTH APPEALED TO THE COUNCIL IN BEHALF OF THE L,BRARY BOARD, ASKING THAT SOME WAY BE DEVISED TO GET 1648 COUNCIL CHAMBER FEBRUARY 24, t 941. AROUND THE EXISTING LEjAL TECHNICALITY SO THAT AN ADDITIONAL APPROPRIATION MIGHT BE MADE TO THE LIBRARY, AS THEY CONSIDERED IT A MOST WORTHY CAUSE, AND ONE THAT SHOULD BE SUPPORTED BY THE CITY. IT WAS FIN~LLY MOVED BY MR. SABATH THAT THE CiTY PAY THE BALANCE DUE THE LIBRARY BOARD, OF MONEYS SPECIFICALLY ALLOCATED TO IT, AT THE RATE OF $50.00 PER MONTH INSTEAD OF $25.00 AS PREVIOUSLY ORDERED AT COUNCIL MEETING OF MAY 13, 1940, UNTIL THE ENTIRE ORIGINAL SUM OF $492.38 IS DISBURSED. MR. HILL SECONDED THE MOTION AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. SABATH YES, MR. SCOTT YES. THE MOTION CARRIED. THE CITY ATTORNEY REPORTED THAT THE BOARD OF BEAUT I ClANS HAD MET THE PREVIOUS THURSDAY EVENING AND HAD MADE CERTAIN RECOMMENDA- TIONS IN REGARD TO AMENDING THE 8EAUTY CULTURE ORDINANCE, WHICH CHANGES HE READ IN DETAIL TO THE COUNCIL. IT WAS MOVED BY MR. HILL THAT THESE RECOMMENDATIONS BE REFERRED TO THE ORDINANCE COMMITTEE FOR REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR MEETING. MR. SABATH SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY ON ROLL CALL. THE CITY CLERK SUBMITTED THE FOLLOWING RECOMMENDATION OF THE ZONING COMMISSION IN REGARD TO THE PROPOSED RE-ZONING OF ATLANTIC AVENUE, EAST OF TH E CA NAL I NTO A LOCAL Bus I NE SS ZONE. "THE ZONING COMMISSION RECOGNIZES THE NECESSITY OF PROVIDING BUSINESS SPACE ON ATLANTIC AVENUE, EAST OF THE CANAL, ANO RECOMMENOS THAT THE PRESENT APARTMENT HOUSE ZONE, ON ATLANTIC AVENUE, EAST OF THE CANAL BE CHANGED FROM APARTMENT HOUSE ZONE TO A RESTRICTED LOCAL BUSINESS ZONE. HOWEVER, THE IMPORTANCE OF PRESERVING THE NATURAL BEAUTY OF THE DRIVE TO THE OCEAN MUST BE CONSIDERED AND THE COMM- ISSION WOULD NOT RECOMMEND ANY CHANGE UNTIL A COMPETENT BOARD IS APPOINTED TO FORMULATE A PRACTICAL PLAN TO ENCOMPASS THE ARRANGEMENT OF DRIVING AND PARKING SPACE, SIZE AND TYPE OF BUILDINGS, AND EVEN', IF POSSIBLE THE KINOS OF BUSINESS TO BE PERMITTED IN THE AREA" . MR. TURPIN, MR. GRIEST AND MR. FOWLER ALL SPOKE ON THE ZONING OF ATLAN- TIC AVENUE AND THE DESIRABILITY OF ESTABLISHING A PLANNING BOARD TO WORK IN CONJUNCTION WITH THE ZONING COMMISSION. THE BUILDING INSPECTOR ALSO STRESSED THE NEED OF FORETHOUGHT AND PLANNING IN VARIOUS SECTIONS IN TOWN, WHERE PROPERTY HAD BEEN SUBDIVIDED INTO SMALL-SIZED LOTS OR WHERE OTHER EXTRAORDINARY CONDITIONS EXISTED, AND REOOMMENDED THAT THE PRESENT ZONING BOARD BE APPOINTED ALSO AS A PLANNING BOARD. AFTER DISCUSSION IT WAS MOVED BY MR. SABATH THAT THE PRESENT ZONING COMMISSION, THE CITY ENGINEER AND THE BUILDING INSPECTOR BE APPOINTED AS A PLANNING BOARD, TO ACT IN AN ADVISORY CAPACITY ONLY, UNTIL SUCH TIME AS ,THIS BOARD MAY BE GIVEN LEGAL STATUS BY A VOTE OF THE PEOPLE.' MR. HILL SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY, ON ROLL CALL. THE CITY ENGINEER ASKED FURTHER TIME FOR WORKING UP AMENDMENTS TD'THE WATER ORDINANCE COVERING CONNECTION CHARGES, CONSUMPTION COSTS &C. 1649 COUNCIL CHAMBER FEBRUARY 24, 1941. MISS GLADYS CHAMNESS TALKED TO THE COUNCIL ABOUT THE 8EAUTY CULTURE ORDINANCE, AND ASKED IF SHE WOULD, PERSONALLY, HAVE TO STANO EXAMINATION UNDER THE AMENDED ORDINANCE. MR. NOWLIN INFORMED HER THAT IF SHE ENGAGED IN THE PRACTICE OF BEAUTY CULTURE, HE BELIEVED SHE WOULD HAVE TO DO SO BUT ADVISED HER TO CONSULT HER OWN ATTORNEY, MR. 8AYNES, AS TO RE~UIREMENTS, AND HER LEGAL RICHTS UNDER THE ORDINANCE. O. D. PRIEST, JR. ALSO APPEALED TO THE COUNCIL IN THE MATTER OF OCCUPATIONAL LICENSE, STATING THAT HE HAD BEEN REFUSEO A LICENSE FOR DRAYAGE BUSINESS, BY THE CITY CLERK, WHO CONTENDEO THAT HE WAS LIABLE FOR A CONTRACTOR'S LICENSE RATHER THAN A DRAYAGE LICENSE. THE CITY ATTORNEY ADVISED THE CLERK TO ISSUE ORAYAGE LICENSE IF RE~UESTED BY APPLICANT, BUT THAT THE CITY COULD STILL RE~UIRE CONTRACTOR'S LICENSE OF MR. PRIEST, IF IT WAS LATER SHOWN THAT HE WAS CONTRACTING. DECISION AS TO THE TYPE OF LICENSE TO BE TAKEN OUT BY MR. PRIEST, WAS LEFT TO THE CITY ATTORNEY WHO AGREEO TO LOOK INTO THE MAT~ER AND ADVISE APPLICANT. THE FOLLOWING BIOS WERE RECEIVEO FOR DREDGING OF A OITCH FOR BURIAL OF CITY GARBAGE: GULFSTREAM ENGINEERS G. ELTON HARVEL REMOVAL OF 2400 cu YDS. 125' CROSS SECTION (APPRO'X. 2350 cu yos.) $375.00 370.00 AFTER DISCUSSION, IT WAS MOVED BY MR. SABATH THAT THE DITCH BE DUG AND CONTRACT AWAROED THE LOW BIDDER, VIZ. GULFSTREAM ENGINEERS. GROVER 8AKER AGREED TO START ON THE WORK THE FOLLOWING MORNING AND TO DOMPLETE IT IN APPROXIMATELY 10 DAYS. THE CLERK SUBMITTED RENEWAL INSURANCE POLICIES COVER'NG COMPENSATION INSURANCE ON CITY EMPLOYEES AND GROUP ACCIDENT INSURANC~ ON THE VOLUNTEER FIREMEN. IT WAS RECOMMENOED I'fY MR. HILL THAT THE POLICIES BE REFERRED TO THE FINANCE COMMITTEE AND THAT THESE MEMBERS MAKE A CHECK-UP OF THESE AND OTHER POLICIES CARRIED BY THE CITY, AND MAKE RECOMMENDATION BACK TO THE COUNCIL. MR. JACOBS, CHAIRMAN OF THE SANITARY COMMITTEE REPORTED THAT S.E. FOURTH STREET, BETWEEN THE FEDERAL HIGHWAY ANO THE CANAL, WAS BAOLY OVERGROWN ANO HE RECOMMENDED THAT THE CITY HAVE IT CLEARED, AS PEOPLE ON THE WEST SIDE OF THE STREET WHO HAD RECENTLY CLEANED THEIR PROPERTIES, aSKED THAT THI S BE DONE. THE MATTER WAS ACCORDINGLY REFERRED TO THE CHAIRMAN OF THE SANITARY COMMITTEE AND THE CITY ENGINEER WITH AUTHORITY TO ACT. MR. JACOBS ASKEO WHAT THE COUNCIL WAS GOING TO 00 ABOUT CLEAN ING UP SMALL ~UANTITIES OF TRASH PILED ON STREETS FOR THE TRASH MAN. HE SAID THE SANITARY DEPARTMENT WAS TAXED TO CAPACITY, BUT ~650 COUNCIL CHAMBER FEBRUARY 24, 1941 PROPERTY OWNERS CONTINUALLY COMPLAINEO ABOUT THE CITY NOT PICKING UP THESE ACCUMULATIONS OF GRASS AND CUTTINGS. THE 8UILDING INSPECTOR REPORTED THAT THE SANITARY INSPECTOR HAO MAKE A CHECK-UP ON ALL SUCH PROPERTY WEST OF THE CANAL ANO FOUND THAT IN A GREAT MANY INSTANCES THIS TRASH COULD BE BURNED; THAT A COUPLE OF MEN COULD PILE ANO BURN SAME AT VERY LITTLE EXPENSE. IT WAS MOVED BY MR. SABATH THAT BILLS NUMBERED 6529 TO 6587, HAVING BEEN APPROVED BY THE FINANCE COMMITTEE, BE RETURNED TO THE COUNCIL, AND ORDEREO PAlO. IT WAS MOVED BY MR. SABATH THAT THE REQUEST FOR RE-ZONING OF ATLANTIC AVENUE, EAST OF THE CANAL, BE RE-SUBMITTED TO THE ZONING- PLANNING BOARD FOR RECOMMENDATION BACK TO THE COUNCIL. MR. HILL SECONDED THE MOTION AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. SABATH YES, MR. SCOTT YEX. THE MOTION CARRIED. IT WAS REGULARLY MOVED,SECONDED AND CARRIED THAT COUNCIL ADJOURN. ~AP~~~f CITY CLERK APPROVED: MAYOR