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12-02-40 Adjourned 1590 COUNC I L CHAMBER DECEMBER 2, 1940. THE COUNCil MET IN AOJOURNEO REGUlAR SESSION AT 7:30 P. M. WITH THE CITY ATTORNEY AND THE FollOWING COUNCilMEN PRESENT: MR. BRAOSHAW, MR. CREGO, MR. JACOBS AND MR. MillER. MR. Hill WAS ABSENT. REPORTS ON THE CONDITION OF THE PRIEST BUilDING WERE RECEIVED FROM ARCHITECTS POPE AND OGREN, WITH RECOMMENDATIONS AS TO THE REPAIRS NEEDED; Also A lETTER FROM THE BUilDING INSPECTOR STAT.!NG THAT MR. PRIEST HAD AGREED TO MAKE THE NECESSARY REPAIRS IMM~DIAT~Y. THE RECOMMENDATIONS AND REPORTS WERE RECEIVED AND ORDERED FilED, AS NO ACTION WAS DEEMED NECESSARY SINCE THE OWNER HAD AGREED TO COMPly WITH REPAIR RE~UIREMENTS. , FINAl PlAT OF "WATER-WAY LANE", A SUBDIVISION OF BlOCKS 145, 153 AND 161, WAS PRESENTED BY MATT. GRACEY. THE PROPOSED SUBDIVISION MET WITH THE APPROVAl OF THE COUNCil IN All RESPECTS, EXCEPT FOR THE . RESERVATION BY MR. HOFMAN OF A SMAll STRIP OFF THE NORTH SIDE OF THE YACHT BASIN. THIS STRIP, THE MEMBERS CONSIDERED SHoulD BE DEDICATED TO THE CITY TOGETHER WITH THE YACHT BASIN PROPERTY, AND IT WAS RECOMMENDED THAT THIS BE RE~UIRED BEFORE ACCEPTANCE OF SAID PlAT. . A COMMUNICATION FROM I. J. SINKS, BUilDING INSPECTOR, WAS READ, IN WHICH HE REPORTED THAT O. E. RUGG HAD COMpliED WITH THE COUNCIl'S OROER ANO HAO REMOVED THE GUEST COTTAGE PORCH, WHICH HAD BEEN CONDEMNED FOR NON-COMPliANCE WITH THE BUilDING AND ZONING RE- ~UIREMENTS. THE COMMUNICATION WAS ORDERED FilED. A PETITION WAS RECEIVED, RE~UESTING THE COUNCil TO ESTABliSH A BUilDING CONTRACTORS EXAMINING BOARD, AND TO PASS AN ATTACHED ORDINANCE REGUlATING THE liCENSING OF CONTRACTORS AND SUPERINTENDENTS ON BUIlDING CONSTRUCTION. THE MEMBERS CONSIDERED THE ORDINANCE DESIRABlE FOR THE PRDTECTION OF PROPERTY OWNERS, BUT COUNCilMAN BRADSHAW RECOMMENDED THAT THE APpliCATION RE~UIREMENT BE 15 DAYS PRIOR TO EXAMINATION INSTEAD OF THIRTY, Also THAT EXAMINATIONS BE GIVEN AT ANY TIME DURING THE YEAR INSTEAD OF STATED PERIODS, EVERY THREE MONTHS. AFTER DISCUSSION, IT WAS MOVED, SECONDED AND CARRIED THAT THE FollOWING ORDINANCE BE PASSED ON ITS FIRST READING: ORDINANCE 382. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE LI CENS I NG 0 F PERSONS, FIRMS AND CORPORAT IONS ENGAG I NG IN THE BUSINESS OF CONTRACTORS IN THE CITY OF DELRAY BEACH, FLORIDA, MAKING IT UNLAWFUL TO ENGAGE IN THE BUSINESS OF CONTRACTOR WITHOUT A LICENSE, PROVIDING FOR EXAMINATIONS TO BE PASSED BY THE CONTRACTOR AND SUPERINTENDENT AND CERTIFICATE 1591 COUNCIL CHAMBER - DECEMBER 2, 1940. TO BE OBTAINED BEFORE LICENSE SHALL BE ISSUED, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND PROVISIONS FOR THE ENFORCEMENT THEREOF. THE ORDINANCE, HAVING BEEN READ IN Full THE FIRST TIME, IT WAS MOVED BY MR. MillER, SECONDED BY MR. CREGO, AND ON Roll CAll, UNANIMOUslY CARRIED, THAT THE ORDINANCE BE PASSED ON ITS FIRST READING. A COMMUNICATION FROM MRS. H. J. STERliNG WAS READ IN WHICH SHE RECOMMENDED THAT THE COUNCil pASS AN ORDINANCE OR SOME REGUlATIOH FIXING THE MAXIMUM HEIGHT OF HEOGES. SHE COMPlAINED OF A l2-FOOTc HEDGE ON THE NORTH SIDE OF HER PROPERTY WHICH SHE SAID TENDED TO MAKE HER HOUSE DAMP AND DARK AND TO BREED SANDFIIES. IT WAS THE CITY ATTORNEY'S OPINION THAT THE CITY COUlD NOT ORDER THE HEDGE REMOVED UNlESS IT WAS DEClAREO TO BE A NUISANCE. AT THE RE~UEST OF COUNCilMAN MillER, MR. No~llN AGREED TO lOOK INTO THE MATTER FURTHER AND SUBMIT A OEFINITE OPINION AS TO THE CITY'S RIGHT TO REGUlATE SUCH, AND THE MATTER WAS- THEREFORE TEMPORARily TABIED~ PENDING THE CITY ATTORNEY'S OPINION. A PETITION FROM THE DEIRAY BEACH BOARD OF REAlTORS WAS REAti; ASKING THAT THE CITY COUNCil GIVE CONSIOERATION TO SOlVING DEIRAyIS WATER SITUATION AND MAKING ARRANGEMENTS WHEREBY MAINS MAY BE EXTENtiED AND WATER FURNISHED TO THE RESIDENTS OF THE SECTIONS AlONG THE WATER FRO NT, NORTH AN D SOUTH DF DEIRAY BEACH AS WEll AS SUPP 1 Y I NG ADE~OA:rE_ WATER TO RESIDENTS WITHIN THE CITY liMITS. IN DISCUSSING THE PETlTIQN. ~. CREGO SAID HE WAS NOT FAVORABlE TO lAYING MAINS OUTSIDE THE CITY liMITS BUT THOUGHT OUTSIDE DEVEloPMENTS SHoulD lAY THEIR PIPEliNES AND BE FURNISHED WITH WATER METERED AT THE CITY BOUNDARY liNE. MR. BRADSHAW SAID HE WAS IN FAVOR OF FURNISHING WATER TO OUTSIDE PROPERTY OWNERS, AND, AT THE PRICE CHARGED TO SUCH OUTSIDE CONSUMERS, HE SAID IT WAS A PROFITABlE SERVICE, AND THAT THE REVENUE DERIVED THEREFROM WOUlD CUT DOWN THE HIGH TAXES NOW COMPlAINED OF. WITH THE CONSENT OF THE COUNCil, ACTION, HOWEVER, ON THIS MATTER, WAS DEFERRED UNTil ANOTHER MEETING OF THE COUNCil. F. W. WODISCHEK APPEARED IN BEHAlF OF THE AMERICAN LEGION ASKING PERMISSION TO .RUN A FREE BINGO GAME FOR THE BENEFIT OF SAID ORGANIZATION. HE STATED THEIR INTENTION WAS TO START AFTER NEW YEARS, THEREFORE IT WOUlD HAVE NO TENDENCY TO INTERFERE WITH CHRISTMAS BUSINESS. A lOCATION FOR THE GAME HAD NOT BEEN FUlly DECIDED UPON, HE SAID, BUT WOUlD PROBABly BE ON LOT 6, BlOCK 93, IN WHICH CASE HE AGREED THAT THE GAME WOUlD NOT BE OPERATED DURING THE HOURS OF CHURCH SERVICE ON THE ADJOINING PROPERTY. UPON THIS ASSURANCE, IT WAS MOVED BY MR. BRADSHAW THAT THE LEGION BE GRANTED PERMISSION TO OPERATE THE RE~UESTED BINGO GAME, FINAl lOCATION OF SAME TO BE SUBJECT TO THE COUNCil's APPROVAl WHEN DECIDED UPON. MR. CREGO SECONDED THE MOTION, AND ON Roll cAll THE VOTE WAS AS FOllows: MR. BRADSHAW YES, MR. CREGO YES, MR. JACOBS YES, MR. MillER YES. THE MOTION CARRIEti. A cOMPlAINT FROM MRS. AliCE MAYER, IN REGARD TO TAXES . :1592 . COUNCIL CHAM3ER - DECEMBER 2, 1940. ASSESSED AGAINST LOTS 40 AND 41, BloCK 125, WAS READ, AND, UPON MOTION OF MR. MillER, REFERRED TO THE FINANCE COMMITTEE FOR INVESTIGATION AND REPORT BACK TO THE COUNCil AT NEXT MEETING. MR. CREGO SECONDED THE MOTION WHICH CARRIED UNANIMOUSly ON Roll cAll. MR. J. E. COUSINS, OF THE LAYNE-ATlANTIC COMPANY, THEN ADDRESSED THE MEETING, AT lENGTH, IN REGARD TO DEIRAY'S WATER SUPP'.Y, DiSplAYING A SECTION OF THE CORE REMOVED FROM THE RECENTly DRillED TEST WElls AND ExplAINING TO THE PUBliC WHAT THE BOARD OF HEAlTH RE~UIREMENTS WERE, AND STATING THAT HIS COMPANY WAS PREPARED AT THIS TIME TO ENTER INTO A CONTRACT WITH THE CITY, GUARANTEEING A TWO-MllIION_ GAlloN-PER-DAY SUPply, SAID CONTRACT TO INCluDE AS MANY WElls AS WAS DEEMED NECESSARY, A CHloRINATOR, AND TREATMENT PlANT FOR REMOVAl OF IRON CONTENT, AT A TOTAl PRICE OF $26,000.00. COUNCilMAN BRADSHAW SAID HE WOUlDN'T CARE TO TAKE ACTION IN THE MATTER, IN VIEW OF THE ABSENCE OF THE CHAIRMAN OF THE FINANCE COMMITTEE ANO, UPON HIS RECOMMENDATION, THE MAYOR OROERED THE MATTER DEFERRED UNTil NEXT MEETING, AT WHICH TIME IT WOUlD BE TAKEN UP AS A SPECIAl ORDER OF BUSINESS, HE SAID. ';I f MR. COUSINS ASKED THAT A FAIR SIZED SAMPlE OF EACH SECTION CORE TAKEN FROM THE VARIOUS lEVEls OF THE TEST WElls, BE SENT TO THE STATE GEolOGIST FOR ANAlYSIS. IT WAS, THEREFORE, MOVED BY MR. MillER;' THAT THE CITY ENGINEER BE INSTRUCTED TO SEND SAMPlES OF THESE TEST WEll CORES TO HERBERT GUNTER, STATE GEOlOGIST, FOR ANAlYSIS. MR. 8RADSH*~ SECONDED THE MOTION AND ON ROll CAll THE VOTE WAS AS FOlIDWS: , MR. BRADSHAW YES, MR. CREGO YES, MR. JACOBS YES, MR. MillER YES. THE MOTION CARRIED. , j MR. MIZEll, REPRESENTING THE MASONIC ORGANIZATION, APPEARED AT THE MEETING, ASKING THAT All TAXES ON THE MASONIC BUilDING, lOCATED ON LOTS 1, AND THREE FEET OF 2, BlOCK 69, BE CANCEllED. HE STATED THE LODGE HAD RECENTly GONE THROUGH BANKRUPTCY PROCEEDINGS, AND THE U. S~ DISTRICT COURT IN MIAMI HAD ORDERED THAT THE ORGANIZATION BE DISCHARQED FROM All ITS SECURED AND UNSECUREO DEBTS EXCEPT BONDS SECURED BY DEEO OF TRUST, DATED NOVEMBER 17, 1940. IN ADDITIDN TO SUCH CDURT ORDER. HE STATED THAT, UNDER THE LAW, All SUCH FRATERNAl ORGANIZATIONS WERE EX~MPT FROM TAXATION, WHERE THE PREMISES AND RENTS OR REVENUE THEREFROM ARE USED SDIEIY FOR THE BENEFIT OF THE ORGANIZATION. HE READ SECTION 897 OF THE GENERAl LAW AND OTHER SECTIONS OF LAW IN SUPPORT OF HIS CONTENTIDN AND RE~UESTED THAT, ON THIS BASIS, THE CITY COUNCil PASS A RESoluTION CANCElliNG All TAXES ASSESSED AGAINST BOTH THE MASDNIC TEMPlE AND AGAINST THE COlORED MASDNIC LDDGE lOCATED ON LOT 1, BlOCK 28. IT WAS RE~UESTED THAT THE CITY ATTORNEY lOOK UP THE lAW AND RENDER AN OPINION IN REGARD TO THIS MATTER. THE MAYOR DRDERED THAT IT BE MADE A SPECIAl MATTER OF BUSINESS UPDN RECEIPT OF SUCH REPORT FRDM MR. NowliN: GEORGE BROCKWAY SUBMITTED PlAT OF THE PROPDSED OCEAN BOUlEVARD RIGHT-OF-WAY liNE. THERE WAS SDME DIFFERENCE DF OPINION IN REGARD TO ACCEPTANCE OF SAME AS AN ESTABliSHED PlAT OF THE BEACH, IT BEING THE OPINION OF THE CITY ATTDRNEY AND SOME MEMBERS OF THE COUNCil THAT THE CITY SHDUlD REIIN~UISH NONE OF ITS RIGHTS TO lAND~ ORIGINAlly DEEOEO AS PUBlIC PROPERTY. OTHERS THDUGHT TH IS SHoulD BE DONE, IF NECESSARY, ,0' 1593 COUNC IL CHAMBER - DECEMBER 2, 1940. , FDR THE SAKE OF ESTABliSHING SOME. DEFINITE PlAT OF THIS PRDPERTY THAT MAY BE RECORDED. No ACTION WAS TAKEN, HOWEVER, BUT, UPON RECOMMENDATION OF THE MEMBERS, THE MATTER WAS DEFERRED UNTil THE NEXT REGUlAR MEETING OF THE COUNC 11. CITY ENGINEER CRDMER REPORTED ON THE SEWER PROPOSITION AT ERSKINE PARKS' LAUNDRY, ADVISING THAT HE AND MR. BAKER AND THE SANITARY INSPECTOR HAD DECIDED THAT THE ONly THING TO DO FDR THE TIME BEING WAS TO AIIDW MR. PARKS TD TAP INTO THE EXISTING SEWER liNE, BUT HE WARNED THE COUNCil THAT TROUBlE MUST BE EXPECTED SINCE THE liNE IS NOT EVEN CAPABlE OF UK I NG C ARE OF I TS PRESENT IDAD. HE SA I D IT WDulD BE NECESSARY, UlTIMATElY, TO RECONSTRUCT THE ENTIRE liNE FROM THE LAUNDRY NORTH. MR. BRADSHAW MOVED THAT THE REpORT OF THE COMMITTEE BE ACCEPTED AND ITS RECOMMENDATIONS CARRIED DUT. MR. MillER SECONDED THE MOTION AND ON RDll CAll THE VOTE WAS AS Follows: MR. BRADSHAW YES, MR. CREGD YES, MR. JACOBS YES, MR. MillER YES. THE MOTION CARRIED. ;. THE CITY ClERK THEN SUBMITTED TO THE COUNCil THE RE~UIRED NUMBER OF OFFICIAl BAlloTS, A liST OF THE REGISTERED VOTERS, TAlly SHEETS AND OTHER PARAPHERNAliA NECESSARY FDR THE HolDING DF THE CITY'~ GENERAl EIECTIDN, IN COMPliANCE WITH THE CHARTER OF THE CITY OF DEIRAY BEACH AND THE ElECTION lAws DF THE STATE OF FlORIDA. i ':: AFTER THE BAlloTS, liST OF VOTERS, ETC., WERE EXAM INED BY THE COUNC 11, AND FOUND TO BE IN PRDPER FORM AND ORDER, IT WAS MOVED BY MR. Hill THAT THE BAlloT BDX BE lOCKED, SEAlED AND DEliVERED TO THE ClERK OF THE ElECTION BOARD WITH INSTRUCTIONS FDR HolDING SAID GENERAl ElECTION, IN COMPliANCE WITH THE CHARTER OF THE CITY OF DElRAY BEACH AND THE ElECTION lAWS OF THE STATE DF FlORIDA. MR. MillER SECONDED THE MOTION, WHICH CARRIED UNANIMDUSlY, ON Roll CAll. .' \ IT WAS REGUlARlY MDVED, SECONDED AND CARRIED THAT COUNCil ADJOURN TO MEET IN ADJOURNED REGUlAR SESSION, FRIDAY NIGHT, DECEMBER 6TH, AT 7:30. ?zu~.J ,Ct~~ CITY ClERK. APPROVED: ~