12-23-40 Regular
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COUNC I L CHAMBER
DECEMBER 23, 1940
THE COUNCil MET IN REGU'AR SESSION AT 7:30 P.M. WITH
THE CITY ATTORNEY AND THE FO'lOWING MEMBERS PRESENT: MR. BRADSHAW,
MR. CREGO, MR. JACOBS AND MR. Mil'ER. MR. Hill WAS ABSENT.
BY MOTION MADE, SECONDED AND UNANIMOUSlY CARRIED THE
MINUTES OF THE REGU'AR MEETING OF DECEMBER 9TH AND THE ADJOURNED
MEETING OF DECEMBER 11TH WERE APPROVED AS READ.
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AppliCATION FOR CHANGE OF ZONING, .ACCOMPANIED BY A $15.00
CHECK, WAS RE-SUBMITTEO BY MR. C. A. B. ZOOK, REltUESTING THAT LOTS
A, AND 1 T07 INClUSIVE, OF THE UNRECORDED PlAT OF THE ATlANTIC
PAlM NURSERY PROPERTY BE CHANGED FROM "APARTMENT HOUSE DI ST R I CT"
TO "APARTMENT HOUSE AND LOCAl Bus INESS". I T WAS MOVED BY MR. CREGO
THAT THE REltUEST BE REFE~RED TO THE ZONING COMMISSION FOR RECOMMENDA-
TION BACK TO THE COUNCil. MR. MillER ,SECONDED THE MOTION AND ON
Roll CAll THE VOTE WAS AS Follows: MR. BRADSHAW YES, MR. CREGO
YES, MR. JACOBS YES, MR. MI'J.ER YES, THE MOTION CARRIED.
A lETTER WAS READ FROM THE CITY ENGINEER RECOMMENDING THAT
THE ORANGE STATE 011 COMPANY BE OROERED TO REMOVE TWO SIGNS ERECTED
WITHOUT PERMIT OR AUTHORITY ON THE CURB SIDE OF THE SIDEWAlK,
ADJACENT TO THE NEW CASON SERVICE STATION. A lETTER WAS Also READ,
IN THIS REGARD, FROM POPE & BlAKE, ARCHITECTS, STATING THAT INASMUCH
AS THE SIGN STANDARDS HAD BEEN INDICATED ON THE WORKING DRAWINGS, ~
THEY HAD DEEMED FURTHER PERMIT UNNECESSARY. THE BUilDING INSPECTOR
ADMITTED THE SIGNS HAD APPEARED ON THE PlANS, BUT SAID HIS BUilDING
PERMIT DID NOT INC'UDE THEM AS HE HAD NO AUTHORITY TO gRANT PERMITS
FOR SUCH ERECTION ON P.UBIIC PROPERTY. MR. CREGO MOVED THAT THE
MATTER BE REFERRED TO THE STREET COMMITTEE FOR INVESTIGATION AND
RECOMMENDATION BACK TO THE COUNCI'., WHICH MOTION WAS lOST FOR WANT
OF A SECOND. MR. BRADSHAW RECOMMENDED THAT A TEMPORARY PERMIT
BE ISSUED FOR THE SIGNS IN qUESTION, SO IN CASE, AT ANY FUTURE
TIME THEY BECOME OBJECTIONABlE, THE CITY MAY ORDER THEIR REMOVAL
AFTER FURTHER DISCUSSION, IT WAS :'IOVED BY MR. MI'lER THAT THE
MATTER BE TABlED TEMPORARIlY FOR FURTHER STUDY. MR. BRADSHAW SECOND-
ED THE MOTION, AND ON Ro'l CAll THE VO~ WAS AS FOllOWS: MR. BRADSHAW
YES, MR. CREGO NO, MR. JACOBS YES, MR. Mi'lER YES. THE MOTION CARRIED.
THE FOnDWING lETTER WAS READ FROM O. D. PRI EST, WITH
REFE.RENCE TO CERTAIN REPA I RS HE PROPOSES TO MAKE TO HIS BUEINESS
BUilDING ON S. E. THIRD AVENUE:-
DE' RAY BEACH,F'ORIOA
DECEMBER 16,1940
To THE MEMBERS OF THE CITY COUNCil
ANO THE HONORABlE MAYOR
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1.606
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GENT lEMEN:
,
As I 'UNOERSTAND IT, IT IS NECESSARY FOR ME
TO STATE IN ... lETTER WHAT I INTEND TO DO ABOUT
REPAIRING THE CEMENT BloCK WAll ABOVE THE WEST
OOOR OF My STORE BUilDING lOCATED ON S.E.3RD
AVE.
SOME ONE OF MY RENTERS IN THE PAST DECIDED
TO WIDEN THE DOOR, WHICH HE DID WITHOUT PUTTING
A REINFORCED CONCRETE BEAM OVERHEAD TO SUPPORT
SAME, CONSEqUENTlY THE CRACK IN WAll FolloWED.
Now, WHAT I PROPOSE TO DO IS TO JACK WAll
BACK IN-TO PlACE AND KNOCK OUT ONE BlOCK _T THE
TOP OF THE DOOR ON EACH SIDE TO SUPPORT THE
REINF~ CEO CONCRETE BEAM WHICH I THINK IS
NECESSARY.
I WOU'D APPRECHTE A PERMIT FOR SAME.
THANKING YOU, I AM
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VERY TRUlY YOURS,
/S/ O. D. PRIEST.
,
IT WAS RECOMMENDED BY THE BUilDING INSPECTOR THAT
REPAIRS TO THE ENTIRE BUilDING BE MADE AS PREViOUSly OUTliNED
BY ARCHITECTS POPE AND AGREN. IN THE ENSUING DISCUSSION,
HOWEVER, IT WAS STATED THE APpliCANT COUlD NDT BE DENIED
PERMIT FOR THE PARTIAl REPAIRS REqUESTED, BUT THAT THE BUilD-
ING MIGHT lATER BE CONDEMNED AT ANY TIME IF DEEMED UNSAFE OR IN
AN UNSATISFACTORY CONOITION. IT WAS FINAlly MOVED BY MR. CREGO
THAT PERMIT BE FRANTED FOR REPAIR OF THE NORTH WEST CORNER OF
THE BUilDING AS OUTIINEO IN MR. PRtRST'S REqUEST. MR. BRADSHAW
SECONOED THE MOTION WHICH ON Roll CAll, CARRIED UNANIMOUSlY.
BIDS ON WATER COOlER FOR THE CITY HAll WERE RECEIVED,
AS Follows:
E.J.BARROW ELECTRIC CO.
DEli VERI NG 4 GAlS 48-DEGREE WATER PER HOU R,
CARRYING A 5-YEAR. REPlACEMENT GUARANTEE ON
THE COMPRESSOR
$154. 50
SOUTHERN ELECTRIC CO.
MODEl PB35 PRESSU/lE TYPE,
DEliVERING 3 TO 5 GAls PER HOUR
MODEl PB510 PRESSURE TYPE
DEl.1 VERI NG 5 TO 10 GAls PER HOUR
$166.75
$193.75
1.007
.
MR. CREGO CONSIDERED A COOlER AT THIS PRICE TO BE A' TOGETHER OUT
OF THE qUESTION. 8FTER DISCUSSION, HOWEVER, IT WAS MOVED BY MR.
BRADSHAW THAT THE low BID BE ACCEPTED AND WATER COOlER PURCHASED.
MR. MI"ER SECONDED THE MOTION AND ON ROll CAll THE VOTE WAS AS
FOllow~: MR. BRADSHAW YES, MR. CREGO YES, MR. JACOBS YES, MR.
MillER YES. THE MOTION CARRIED. MR. CREGO RECOMMENDED TH~T
SAID COOlER BE P'ACED IN THE lOBBY FOR THE BENEFIT OF THE GENERAl
PUBl~IC RATHER THAN FOR CITY EMPlOYEES ONly;
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THE AMENDED TR....C I NG OF "WATER-'A'AY LANE" SUBO 1 V IS 10 N CAME
UP FOR THE COUNCil's FINAl APPROVAL IN CONNECTION WITH SAME, THE
CITY ENGINEER REPORTED THAT THE SIDEWA'K AND SrREET PAVING,
COMPlETED ACCORDING TO CITY SPECIFICATIONS, HAD RECEIVED HIS
APPROVAL SAID REPORo-tlN THE COMPlETED-iMPROVEMENT WAS REGUlARlY
RECEIVED AND APPROVED BY THE COUNCI1, AND IT WAS MOVED BY MR.
B-R"DSHAW THAT THE MAYOR AND ClERK BE AUTHORIZED TO SIGN THE PlAT
AS SUBMITTED, FOR RECORDING. MR. Mll'ER SECONDED THE MOTION, AND
ON lUll CAl' THE VOTE WAS AS FOllows: MR. BRADSHAW YES, MR.. CREGO
YES, MR. JACO~S YES, MR. MlllERYES. THE MOTION CARRIED.
THE C'ERK SUBMITTED RENEWAl INSURANCE POliCIES COVERING
BOND FOR CHI EF OF POliCE, AND flEET INSURANCE ON THE CITY'S TRUCKS
AND VEHIClES FOR ONE YEAR. THE MEMBERS DECliNED TO TAKE ACTION
ON SAME, PREFERRING TO lEAVE THIS BUSINESS TO THE INCOMING COUNCil.
IT WAS THEREFORE ORDERED THAT RENEWAl OF SAID pollc IES BE MADE A
SPECIAl ORDER OF BUSINESS AT NEXT MEETING.
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THE ClERK SUBMITTED ORDINANCES 382 AND ~, REGUlATING
SPEED OF TRAINS AND THE liCENSING AND EXAMINING OF CONTRACTORS IN
THE CITY. COUNCilMEN MI'lER AND OTHER MEMBERS EXPRESSED THEM-
SElVES AS UNWilliNG TO PASS THESE ORDINANCES ON FINA' R~ADING STATING
THAT ACTION IN THIS REGARD SHOU'D BE lEFT TO THE NEW COUNCil SINCE
IT WOU'D BE INTRUSTED WITH THE ENFORCEMENT OF SUCH ADOPTED REGU'A-
TIONS. THEREFORE NO ACTION WAS T/IKEN.
A lONG lETTER, ADDRESSED TO THE CITY ATTORNEY, FROM THE
LAKE WORTH DRAINAGE DISTRICT, WAS READ, IN WHICH THEY ADVISED THAT
THEY HAD REGAINED TiTlE TO "THAT PART OF SE~ NW~ NE~" AND THE E~ SW;;\:
SVI~ SE"," OF SECTION 19-46-32 l.YING WITHIN THE BOUNDARIES OF THE
LAKE WORTH DRAINAGE DISTRICT, AND OFFERING TO DEED SAID lAND TO
THE CITY OF Dl!:lRAY BEACH WIHTOUT C'SH PAYMENT IN RET"R~ FOR THE
CANCEllATION BY THE CITY, OF TAXES ON All DRAINAGE DISTRICT lANDS,
FORMERlY WITHIN THE CITY liMITS BUT SUBSEqUENTlY REMOVED. THE
PRO PE RTY SO OFFERED THE CITY Cm'PR I SED TWO SM An PA RcElS 1 Y I NG
WITHIN THE MUNICIPAl GOlF COURSE. MR. MillER RECOMMENDED, THAT
I F SUCH A SETTlEMENT, I S ENTERED INTO, THAT THE GOlF CO'IM ITTEE MAKE
A STUDY OF WHAT IS NEEDED IN THE WAY OF WATER CONTROl AT THE
.GOIF COURSE AND ATTEMPT 10 HAVE THE DRAINAGE DISTRICT COOPERATE
IN MAINTAINING THE PROPER WATER TA81_E OUT IN THAT SECTION. THE
CITY ATTORNEY, UPON MR. MI'IER'S REqUEST, AGREED TO WRITE THE
DRAINAGE DISTRICT AND ASCERTAIN WHAT CAN BE DONE AlONG THIS liNE
AND JUST WHAT PROPERTY IS INvolVED I N THE REqUESTED CANCEnATION
OF TAXES, &c. IT WAS RECOMMENDED THAT THE MATTER BE GIVEN
FURTHER CONSIDERATION, WHEN A MORE DEFINITE UNDERSTANDING IS,
REACHED IN REGARD TO SAME.
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1608
UPON RECOMMENDATION OF T,l-tE MAYOR. IT WAS AGREED TO
ClOSE THE CITY HAll AT NOON CHRISTMAS EVE, ANO Al10w THE
EMPlOYEES TO HAVE THE AFTERNOON OFF.
CITY ATTORNEY NowliN AGAIN BROUGHT UP THE MATTER
OF CANCElliNG TAXES AGAINST THE MASONIC TEMPlE AND COlORED
MASONIC HAll, STATING THAT THE lAW HAD BEEN CONSTRUED TO
IMPlY THAT A MASONI C ORDER OR SIMilAR ORGANIZATION MAY HAVE
ITS BUilDING TAX FREE IF NOT OVER 75% OF THE FlOOR SPACE IN
SAID BUilDING IS RENTED. HE SUBMITTED, Also, AFFIDAVITS FROM
OFFICIAls OF THE TWO lODGES STATING THAT AT NO TIME HAD THERE
BEEN 75% OF THE SPACE RENTED. ON THESE GROUNDS TAX EXEMPTION
AND CANCEllATION OF BACK TAXES WAS SOUGHT. MR. BRADSHAW SAID HE
WOUlD WANT TO lOOK INTO THE MATTER, AND GET SOME FURTHER lEGAl
OPINION IN REGARD TO SAME BEFORE AGREEING TO SUCH EXEMPTION AND
RECOMMENDED, FURTHER, THAT WE GET IN TOUCH WITH W. M. MADISON,
COUNSEl FOR THE LEAUGE OF MUNICIPAliTIES, AND ENqUIRE WHAT
RIGHTS OF TAXATION THE CITY MAY HAVE, AND WHAT OTHER CITIES ARE
DOING IN SIMilAR CASES. CITY ATTORNEY NOWliN AGREED TO DO THIS,
AND REPORT BACK TO THE COUNCi'.
MR. BRADSHAW REPORTED THAT A. B. LAITEN, OWNER OF
20 ACRES IN SECTION 17, ADJACENT TO THE CITY GARBAGE DUMP WAS
DESIROUS OF SElliNG SAME TO THE CITY AND RECOMMENDED THAT THE
CITY ClERK WRITE MR. LAITEN AND ASCERTAIN WHAT PRICE HE IS ASKING
FOR THE PROPERTY. THE C'ERK WAS INSTRUCTED TO DO THIS, AND REPORT
BACK TO THE COUNCil.
MR. BRADSHAW REPORTED COMPlAINTS WERE BEING RECEIVED
~EGARDING THE KEEPING OF CHICKENS INSIDE THE CITY liMITS, AND
ASKED MR. NowliN IF AN ORDINANCE COUlD BE DRAWN RESTRICTING SAME
TO CERTAIN DISTRICTS. THE CITY ATTORNEY AGREED TO ~OOK INTO
THE MATTER AND SEE IF AN ORDINANCE COUlD BE DRAWN PROVIDING
SUCH REGU1AT IONS.
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MR. MillER REPORTED THAT T. J. RYAN, OWNER OF A HOME
ON THE CANAl, IN LAS PAIMAS SUBDIVISION, HAD COMPlAINED ABOUT
SURROUNDING lOTS, BADlY GROWN UP WITH WEEDS, AND HAD REqUESTED
THAT THESE BE ClEANED OFF. THE ClERK REPORTED HAVING WRITTEN
TO THE OWNERS OF THE PROPERTY IN qUEST ION, AND THAT MR. BEDEll
HAD CftANED HIS lOTS, BUT THAT OTHER OWNERS HAD NOT COMPliED
WITH THE SANITARY DEPARTMENT'S REQUEST. THE ClERK WAS THEREFORE
DIRECTED TO ADDRESS ANOTHER lETTER TO SAID OWNERS ADVISING THAT
NEIGHBORING PROPERTY OWNERS HAD COMPliED WITH REltUIREMENTS, AND
ASKING THEM TO DO liKEWISE, THUS AVOIDING THE NECESSITY OF
ADVERTI SING, AND ASSESSING <D ST OF ClEARING TO THE PROPERTY.
IT WAS MOVED BY MR. MillER, SECONDED BY MR. CREGO, AND
UNANIMOUSlY CARRIED THAT Bills NUMBERED 6315 TO 6353, HAVING
BEEN APPROVED BY THE FINANCE COMMITTEE, BE RETURNED TO THE COUN-
Cil AND ORDERED PAID.
IT WAS REGU1.ARIY MOVED,SECONDED AND CARRIED THAT COUNCil
ADJOURN. TO MEET IN FINAl ADJOURNED SESSION, AT 7:30 P.M. JAN 6,1941.
tpROVED: - - (~ ~,. 0 --fA) rA ~r .
~J~ i' CITVClERK
MAYOR _