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12-09-40 Regular Adjourned 1.595 -COUNG'L CHAMBER -\ DECEMBER 9, 1940 THE COUNCI] MET IN REGUlAR ADJOURNED SESSION AT 7:30 P.M. WITH THE CITV ATTORNEV AND COUNCilMEN BRADSHAW, CREGO, MillER AND JACOBS PRESENT. COUNCilMAN Hill WAS ABSENT. THE MAVOR ASKED THAT THE MINUTES OF NOVEMBER 26TH. BE AMENDED TO INC]~DE REPORT IN DETAil, OF THE RECREATION ClUB. ~ITH THIS CHANGE THE MINUTES OF THE MEETINGS OF NOVEMBER 26TH, DECEMBER 2ND, AND DECEMBER 6TH WERE APPROVED AS READ. A COMMUNICAT ION WAS READ FROM MRS. FRANK MARR COMP]AIN ING OF THE EXHORBITANT CHARGE MADE FOR HER NOVEMBER WATER CONSUMPTION, CONTENDING IT WAS UNDOUBTEDlv DUE TO A DEFECTIVE METER. SHE ASKED . THAT SAME BE INSPECTED AND THE AMOUNT OF HER Bill ADJUSTED ACCORD- INGlv. IT WAS MOVED BV COUNCilMAN CREGO THAT MR. BAKER INVESTIGATE THE METER ANO REPORT DACK TO THE COUNCil, THE ADJUSTMENT OF Bill TO BE CONTINGENT ON SUCH REPORT. MR. MillER SECONDED THE MOTION AND ON Roll CAll THE VOTE WAS AS F01l0WS: MR. BRADSHAW VES, MR. CREGO VES, MR. JACOBS VES, MR. MI]lE~ VES. THE MOTION CARRIED. THE FollOWING COMMUNICATION WAS READ FROM MR. C. L. LA BOITEAUX: .,. DECEMBER 9, 1940 To MEMBERS OF THE CITV COUNCil GENTlEMEN: I HEREBV REQUEST SPECIAl PERMISSION TO. ERECT A BloCK AND MASONRV WAll APPROXIMATElv 8 FEET HIGH ANO 40~ FEET lONG ON THE NORTH SIDE OF MY PROPERTY WEST OF MY HOUSE AND GARAGE. I HAVE AIREADV BUI'T THIS WA" ANO NOW UNDER~ STANO FROM VOUR BUilDING INSPECTOR THAt. A PERMIT SHoulD HAVE BEEN TAKEN OUT THEREFOR. Mv CONTRACTOR, JOE PRIEST, INFORMED ME THAT PERMITS WERE NOT REQU IRED FOR WA'ls AND APPARENTlY WAS UNAWARE THAT THIS WAS NECESSARY. THIS IS SIMPlY AN EXTENSION, WESTERlv, OF AN 010 WAll CONSTRUCTED IN 1937, PR 10 R TO THE PASSAGE OF THE CITY ZONING ORDINANCE. 1.596 COUNCIL CHAMBER DECEMBER 9, 1940 I HAVE lANDSCAPED THE BACK OF MY PROP ERTY ANO FIND IT IECESSARY TO PROTECT MY PlANTING AND SHRUBBERV BY THIS HIGH WAll. SINCE IT IS SOME 150 TO 200' WEST OF THE BoulEVARD, WEll IN THE REAR OF All SURROUNDING RESIDENCES AND DOWN low IN THE BACK MARSH'.AND, I FEEl THERE SHoulD BE NO OBJECTION THERETO AND WOUlD liKE TO HAVE THE COUNCil's APPROVAl OF SAME. -' ATTACHED YOU WI]' FINO MY PERSONAl CHECK FOR $5.00 WHICH I UNDERSTAND IS SUPPOSED TO ACCOMPANY All SUCH REQUESTS FOR SPECIAl BUilD- ING PERMITS. YOURS T RU 1.Y , Isl C. L. LA 80lTEAUX < A SKETCH OF THE WAll CONSTRUCTION AND A REPORT ON SAME, FROM THE BUilDING INSPECTOR, WAS RECEIVED, IN WHICH HE STATED THAT THE WA'.1 HAD BEEN BUilT INVJlCIATION OF SECTIONS 201, 202 AND 2907 OF THE BUIIDINGCODE AND OF SECTION 2, PARAGRAPH "K" AND SECT ION 8 PARAGRAPH liB" OF THE ZONING ORDINANCE. HE RECOMMENDED THAT MR. LA BOITEAUX BE REQUIRED TO ADJUST HEIGHT OF WAll TO CONFORM WIT~ ZONING REGUlATIONS ANO THAT IT BE SUPPORTEO AT 12-FOOT INTERVAls WITH EITHER CONCRETE COlUMNS OR BUTTRESSES. ATTORNEY C. Y. BYRD APPEARED FOR MR. LA BOITEAUX, ASKING THAT HIS REQUEST BE GIVEN FAVORABlE CONSIDERATION AS, HE SAID, THE WAll IN QUESTION COU',D READilY BE CONSIDERED A RETAINING WAll, IN WHICH CASE ITWOulD NOT COME WITHIN THE, PROVISIONS OF SECTION 2, PARAGRAPH "K" OF THE ZONING ORDINANCE. THE BUilDING INSPECTOR DISAGREED WITH MR. BYRD, STATING IT WAS IN NO SENSE A RETAINING WAll, BEING BUilT UPON TOP OF THE GROUND AND TOO INSUBSTANTIAl TOS,ERVE FOR SUCH PURPOSE. AFTER DISCUSSION IT WAS MOVED BY MR. CREGO THAT THE REQUEST BE REF- ERRED TO THE ZONING COMMITTEE FOR INVESTIGATION AND REPORT BACK TO THE COUNCil, WH I CH MOT I ON WAS 'lOST FOR WANT OF A SECOND. MR. BRADSHAW THEN MOVED THAT SPECIAl PERMIT BE GRANTED FOR THE WAll, AS CONSTRUCTED, STATING HE CONSIDERED SAME A DEFINTTE IMPROVEMENT TO THE LA BOITEAUX PROPERTY AS WEll AS TO THE PROPERTY ON THE NORTH OF IT. MR. CREGO SECONDED THE MOTION. THE MAYOR EXPRESSED HIMSElF AS BEING OPPOSED TO VOTING FOR ANVTHING THAT ViolATED THE PROVISJO~S OF THE BUilDING AND ZONING ORDINANCES AND RECOMMENDED, R~~KER, THAT T~SE ORDINANCES BE AMENDED TO COVER THE SITUATION, SHoulD IT BE DEEMED ADV I.SABlE TO GRANT THE REQUEST, AND SUGGESTED THAT DECISION IN THE MATTER BE DEFERRED UNTil THESE NECESSARY AMENDMENTS COUlD BE MADE. COllNCllMAIl MillER SAID HE WAS UN- PREPARED TO VOTE ON THE REQUEST UNTil HE HAD 10dKED AT THE FENCE. MR. CREGO THEREUPON WITHDREW HIS MOtiON AND THE MAVOR REQUESTED THE MEMBERS TO INVESTIAGE THE SITUATION SO THAT TH IS MATTER MIGHT BE TAKEN UP AS A SPECIAl OR DER OF BUSINESS AT THE NEXT MEETING. 1.597 COUNC I L CHAMBER DECEMBER 9, 1940 A lETTER OF COMPlAINT REGARDING TAX VAluATION WAS READ, FROM C. Y. BVRD, IN WHICH HE CONTENDED HIS PROPERTY, LOTS 28 & 29, SECTION 9, HAD BEEN OVER-ASSESSED, AND 011 AN INEQUITABlE BASIS COMPARED TO THE OCEAIl BEACH FRONTAGE lYING 01 RECTIY EAST OF THE BoulEVARD. THE COMPlAINT WAS, UPON MOTION OF MR. MillER, SECONDED BY MR. CREGO AND ON Roll CAll UNANtMDUSlY CARRIED, REFERRED TO THE FINANCE COMMITTEE FOR INVESTI~GATION AND RECOMM- ENDATION BACK TO THE COUNCil. Tf\E PROPSOED PlAT OF "WATER-WAY LANE" SUBDIVISIO'N WAS RE-SUBMITTE~ FOR THE COUNCil's APPROVAl, BY MR. C. Y. BYRD, TOGETHER WIT'H SEPARATE DEDICATION OF LOT 6-A, A STRIP OF WATER- WAY WHICH THE COUNCil HAD PREViOUSlY DEMAIlDED DEDICATED TO THE PUBliC. AFTER INSPECTION OF PlAT AND READING OF THE DEDICATIOll, IT WAS MOVED BY MR. BRADSHAW THAT THE PlAT, AIlD THE DEDICATIOll ACCOMPAIlYING IT, BE ACCEPTED BY THE COUNCil PROVIDED SAID DEDICATION BE INSERTED AND MADE PART OF THE RECORDED PlAT. MR. CREGO SECONDED THE MOTION AND ON Roll CAll THE VOTE WAS AS FollOWS: MR. BRADSHAW YES, MR. CREGO VES, MR. JACOBS VES, MR. MillER VES. THE MOTION CARRIED. ,; , , 4 j , " " THE BUilDING INSPECTOR REPORTED MRS. K. R. MONTGOMERY AS OPERATING A GIFT SHOP IN THE ZOOK BUilDING, lOCATED IN THE APARTMENT HOUSE ZONE WHERE BUSINESS IS PROHIBITED, AND SINCE NO OCCUPATIONAl liCENSE HAD BEEN APpliED FOR, HE ASKED1MHAT PROCED- URE SHOUlD BE TAKEN IN THE CASE. IN THE DISCUSSION WHICH FoHow- ED IT WAS STATED THAT SINCE THE C'ERK WAS PROHIBITED FROM GRANT- ING A 11CENSE IN SAID lOCATION IT WOU1D BE NECESSARY THAT APpliCATION BE MADE TO THE ZONING COMMISSION, FOR SPECIAl PERMIT, IF MRS. MONTGOMERY WI~ED TO REMAIN THERE.' THE JUOGE INSTRUC~Ee THE CHIEF OF POliCE TO INFORM All INDIVIDUAls WHO HAVE NOT PAID CITY l{CENSE TO DO SO, AND IF SOMEONE.DESIRES TO TRANSACT BUSINESS IN A ZONE WHERE IT IS NOT PERMITTED IT WIll THEN BE NECESSARV TO APPlv TO THE ZONING COMMISSION FOR SPECIAl PERMIT. I <i< . ., ~ ~ MR. SENIOR REPORTED THAT THE F10RIDA POWER & LIGHT COMPANY WAS UNABlE TO MAKE THE CITY A SI!ECIAl SEASONAl RATE FOR THE WH ITE-WAY liGHTS ON ATlANTIC AVENUE. AppliCATION OF JOHN I. THIEME FOR A WATER TAP JUST SOUTH OF CARl P. SlANE'S HOUSE IN THE TOWN of'GulFSTREAM, WAS REFERRED TO THE COUNCil, FOR ACTION. MEMBERS EXPRESSED THEM- SElVES AS UNWilliNG TO RUN MORE liNES OR MAK.E ANY FURTHER CONNECT- IONS INSIDE THE CITY liMITS OF GUlFSTREAM, IT BEING HE OPINION OF THE CITY ATTORNEY THAT ONE TOWN HAD NO AUTHORITY TO EXTEND SUCH SERVICE INTO ANOTHER MUNICIPAliTY WITHOUT FIRST HAVING ENTERED INTO A SATISFACTORY AGREEMENT WITH SAID OTHER MUNICIP- AliTY. IN REGARD TO THE REQUEST, MR. MillER SAID THAT SINCE IT WAS IllEGAl THERE WAS NOTHING THE COUNCil COUlD DO ABOUT IT AT THE PRESENT TIME, AND MOVED THAT IT BE TABlED INDEFIIlITElY FOR FUTURE CONSIDERATION. MR. BRADSHAW RECOMMENDED THAT THE CITY GO AHEAD AND SERVE THESE OUTSIDERS WITH WATER, WHICH REVENUE, HE SAID, WOUlD HElp OUT @OWN THE CITY'S OPERATING TAXES. 1:.598 COUNC IL CHAMBER DECEMBER 9, 1940 E. M. WI' SON, H. A. HUBBARD, AND OTHER CITIZENS PRESENT, EXPRESSED THEMSElVES AS BEING OPPOSED TO FURNISHING WATER TO CONSUMERS OUTSIDE THE CITY liMITS OR TO ISSUING CERTIFICATES AGAINST WATER PlANT REVENUES FOR ERECTION OF A NEW PlANT. IT ,WAS FURTHER SUGGESTED THAT BEFORE GOING INTO ANY PROPOSITION FOR THE CON STRUCT ION OF A NEW WATER PlANT OR FOR SUPPIYI NG OF WATER TO OUTSIDERS THAT THE MATTER BE REFERRED TO A CITIZEN'S COMMITTEE FOR SURVEY AND STUDY. CITY ENGINEER CROMER STATED THE DEMAND FOR A NEW plANT' WAS NOT DUE TO NEED FOR A GREATER SUpplY OF WATER, SINCE THE PRESENT PlANT WAS GOOD FOR TWO MlcllON GAllONS PER DAV, BEING TWICE THE AMOUNT NEEDED AT PEAK CONSUMPTION PERIODS, BUT THE NEED WAS FOR A CORROSION CORRECT10N AND IRON REMOVAl PlANT, AND FOR THE DEEPER WE'ls DEMANDED BY THE STATE BOARD OF HEAlTH. ;, , MR. COUSINS, OF THE LAYNE-AT'ANTIC COMPANY Also ADDRESS- ED THE MEETING,' ANSWERING VARIOUS QUESTIONS IN REGARD TO THE PROP- OSED PlANT, ITS METHOD OF IRON AND <D RROSION REMOVAl &c. ,No ACT ION WAS TAKEN HOWEVER. THE MAYOR STATED TT WAS SIMPlY A MATTER FOR THE PEoplE TO DECIDE WHETHER THEY WANT TO CONTINUE WITH THE PRESENT WElls OR INSTAll A PlANT THAT Will FURNISH THE CITV WITH AN IRON-FREE NON-CORROSIVE WATER, APPROVED BY THE STATE BOARD OF HEAlTH. COUNCilMAN CREGO THEN BROUGHT UP THE MATTER OF RAilROAD GATES, ,AND UPON MOTION REGU'ARlY MADE, SECONOED AND UNANIMOUSlY CARRIED, THE FoI'OWING ORDINANCE WAS PlACED ON ITS FIRST READING: ORD I NANCE _ AN ORDINANCE OF THE CITY OF DELRAY BEACH LI MI T ING THE SPEED FOR THE OPERATION OF RAILROAD TRAI NS AND/oR RAILRAOO ENGINES 1 NT HE CITY OF OELRAY BEACH, FLORIDA. MR. P. L. GADDIS, REPRESENTING THE F. E. C. RAilROAD WAS PRESENT AND ADDRESSED THE AUDIENCE IN REGARD TO THE PROP- OSED AUTOMATIC CATES WHICH HIS COMPANV DESIRES TO INSTAll AT OEIRAY. HE STATED THE AMERIC~N ASSOCIATION OF RAilROAD ENGIN- EERS IN CONFERENCE WITH GOVERNMENT ENGINEER~ HAD MADE ACTUAl TESTS OF VARIOUS TVPES OF CROSSING PROTECTION AND HAD PASSED UPON THE PROPOSED AUTOMATIC GATE AS THE VERY VEST TYPE OF CROSSING PROTECTION TO BE AFFORDED. HIS COMPANY ASKED THAT THE V BE PERMITTED TO INSTAl' THIS GATE ON A YEAR'S TRIAl, AT THE END OF WHICH THEY woulD BE WilliNG TO TAKE IT OUT AND PUT IN ANY OTHER SAFE SIGNAl, THE CITY MllY DEEM PREFERABlE. HE ASKED TH AT THE CITY NOT REQU IRE THE IR lI'RAINS TO slow DOWN TO 15 MilES PER HOUR, AS PROVIDED BY PROPOSED ORDINANCE 383. 1-599 COUNC I L CHM~BER DECEMBER 9, 1940 THE ORDINANCE HAVING BEEN READ IN FU", AND DISCUSSED BY THE COUNCil AND RAilROAD REPRESENTATIVES, IT WAS FlNA'IY MOVED BY MR. CREGO THAT IT BE PASSED ON ITS FI RST READ I NG. MR. BRADSHAW SECONDED THE MOTION AND ON Roll CA" THE VOTE WAS AS FollOWS: MR. BRADSHAW VES, MR. CREGO VES, MR. JACOBS VES, MR. MillER YES. THE MOTION CARRIED. THE ElECTION BOX WAS THEN OPENED AND THE RETURNS., AS MADE TO THE MAVOR AND CITY C'ERK, DUlY SUBMITTED FOR THE COUNCil'S INSPECTION AND APPROVAl, WHEREUPON IT WAS MOVED BY MR. BRADSHAW THAT THE FollOWING RESoluTION BE ADOPTEO: WHEREAS, CERTIFIED COP IES OF THE E',ECTIOH RETURNS DEliVERED TO THE MAVOR AND CITY ClERK BV THE ElECTION 0FFICIAls IN CHARGE OF THE GENERAl ElECTION, HElD IN THE CITY OF DE'RAY BEACH ON DECEMBER 3RD, SHOW 175 VOTES TO HAVE BEEN CAST; AND SAID RETURNS Also SHOW VOTES TO HAVE BEEN CAST AS FollOWS: ;) ~ '''i \~ <Ii f COUNCILMAN GROUP "on .. E. H; SCOTT 170 VOTES '" E. C. HAll 2 VOTES .<::^ J. PRIEST 2 ~,lI VOTES ',~ COUNC I LMAN GROUP "En , J. M. SABATH 167 VOTES F. W. WODISCHEK 2 VOTES FRA NK CREGO 1 VOTE NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DE1R AY BEACH, FloR IDA, THAT E.H.SCOTT BE DEClARED THE DUlY ElECTED COUNCil- MAN IN GROUP "D" AND J.M.SABATH BE DEClARED THE DUlY ElECTED COUNCilMAN IN GROUP "E" FOR THE ENSUING TWO YEARS. --~--<:-"'".~. IT WAS REGUlARlY MOVED. SECONDED AND UNANIMOUSlY CARRIED THAT THE COUNCil ADJOURN TO MEET IN REGulAR ADJOURNED SESSION, AT 7:30 P.M. WEDNESDAY, DECEMBER 12TH. 1940. Cf?~ ~(a.f~.r2 ~ CITY ClERK ' , APPROVED: