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10-10-38 Regular 1030 COUNCIL CHAMBER October 10. 1938 . The Council met in regular session at 7:30 P.M. with the City Attorney and all members of the Council present. The minutes of the regular meeting of Sept- ember 26th and the speoial meetings of September 28th and Ootober 4th were approved as read. e:. A letter was read from Louis E. Voorheis aSking that the distriot lying North of 4th Street and South of Atlantic Avenue and running East from 7th Avenue to the Canal be changed from Zone B to Zone A, and it was moved by Dr. Hall, seconded by Mr. Wodischek and unanimously carried that said request be filed with other such communications for future aotion of the counc~ when an amendment to the zoning ordinanoe is passe~~ . A oommunication was reoeived from Thos. W. Boykin, with referenoe to requiring domestic servants to secure health oertificates before seeking employ- ment. On motion of Mr. Gwynn. seconded by Mr. Miller the letter was ordered filed for future oonsideration. The members thought the requirement a good one but recommended that individual employers, themselves, require this of.their employees without aotion of the Council. The following letter from B.W. Mitchell was submitted and read by the Clerk. Delray Beaoh, Florida October 7. 1938 City Of Delray Beaoh Delray BeaCh, Florida This letter will authorize the City of Delray Beach, Florida, to construct a bOUlevard 100 feet in width, with a 40-ft pavement in the oenter thereof, across the 1031 COUNCIL CHAMBER - Ootober 10. 1938 North ~OO feet of my property, looated in Government Lot 1. Seotion 21, Township 45. South, Range 43, East'. This boulevard is to be construoted according to the plans and surveys as have already been made by the State Road Depart- ment and have been examined and approved by me. It is understood that as soon as the right-of-way over the property immed- iately South of this property is determined, that I will exeoute a proper easement deed conveying the above described right-of-way. Very truly yours, Bassett W. Mitchell . . It was moved br Dr. 'Wodisohek that the oommunioation be filed. fQr the City's authority in the extension of said lOO-foot right-of-way. and that the City Clerk reply to Dr. Mitchell thanking him for his cooperation in the matter. Mr. Gwynn seconded the motion, whi chcarried unanimously. The following request of Frederio E. Boyd was submitted and read br the Clerk: Ootober 10. 1938 To the honorable Mayor and Ci ty Counoil City of Delray Beaoh, Gentlemen: In the oourse of construoting a store bui~ding located at the south west corner of Atlantic Avenue at Canal Street it is neoessary to put in a new side walk. Will the city assume half the cost of this improvement? Seoondly, while my architeot is planning adequate parking space for the' building, I have experienoed great difficulty parking in that seotion, mainly caased. I believe. by the shuffle board patrons, many of whom park all day COUNCIL CHAMBER - Ootober 10, 1938 1032 on Atlantic Avenue. oausing oongestion. it not possible for the city to provide facilities off this main thorofare? Very truly yours, Frederio E. Boyd Is parking " The parking situation, complained of by Mr. Boyd, was disoussed by the Counoil. Members stated that since "no parking" signs had been placed all along the street in that locality there should be no complaint regarding traffic congestion at this time of the year. Later on in the season, they said, some provision would have to ~e made for parking of oars of members of the Recreation Club. Councilman Miller thought something should'be done about it at once, in preparation for the coming Season. It was aocordingly moved by Mr. Hall that the City Engineer prepare estimate showing approximate oost of rocking and oiling a sixteen foot street from Atlantic Avenue to N.E. First Street, to be used for parking purposesl Mr. Gwynn seoonded the'motion which carried unanimously. In regard to Mr. Boyd's sidewalk request. Howard Cromer reported that Naeco Realty Company. owners of the property adjoining on the West, were desirous of having their sidewalk rebuilt also, on the fifty-fifty basis arrangement proposed by Mr. Boyd. After discussion, it was moved by Mr. Wodisohek that the City assume half the cost of raising walk in front of the Boyd property and also continue such construction West to Eighth Avenue, the City assuming, half the expense of this work, also. Mr. Miller seconded the motion which carried unanimously. The following letters of objection to pro- posed street and sidewalk improvements were read by the Clerk. Toledo, Ohio October 5, 1938 The City Council Delray Beaoh, Florida. Dear Sirs, I see by the Delray Beach News you are holding a meeting on Oot. 10th for the purpose ~w~~ ~ [<)6C?!; 6~ J!~ A-i-I} 9a~ I~d jfk ~ , , 1033 COUNCIL CHAMBER - October 10. 1938 giving property owners a chan~e to object to the improvement, of Gleason by filling the East one-half extending 167.7 feet South of Atlantic Avenue.' I seem to be the only one who owns any adjoining property to the so called improvement'and the only olle to be assessed and for the total amount as I believe of $157.00. I hereby object to this legis- lation or the assessment of any part of the cost of it against Lots 3-4-5 Block #4, Ocean Park Delray Beach as benefits, I hereby notify you to do no filling or trespaSSing on the above named Lots as shown by the original plat of Palm Beach County and of which ! have made improvements and paid your City taxes for 15 years also County and State. I expeot to contest any attempt by you to take 20 feet x 167' for Street purposes from me without compensation. Yours truly, Oscar Sabin. Toledo,Ohio, Ootober 5, 1938 The City Council Delray Beach, Fla. Dear Sirs, I hereby enter a protest and objection to the raising of the Sidewalk above the est- ablished grade in froatof Lots 1-2-3 Blook 4 Ocean Park, City of Delray BeaCh and assessing any part of the cost against the above named property as benefits. It would be a damage as it would necesitate the filling of my property at a great expense to me, Yours truly, Oscar Sabin. 1.034 COUNCIL CHAMBER - October 10, 1938 By motion of Mr. Wodischek,seconded by Mr. Miller and unanimoQsly carried, the objections were deemed insufficient, and work was ordered to proceed and be executed in accord with requirements of the City Charter. It was fQrther moved by Counoilman Hall that Mr. Sabin be notified to fill his low-lYing muck land in compliance with City ordinances governing this reqUirement. Mr.Wodischek seconded the motion, which carried unanimoQsly. A discussion arose as to the desirability of laying sidewalk on both sides of Atlantic Avenue, from the Canal to Salina Street. J .M. Cromer a ddress- ed the Council in regard to same, stressing the need of such improvement and stating that it would cost the City nothing as H.C. Wellenbrink had agreed to carry the lien certificates as assesse4 for suoh improve- ment. It was stated that several contractors were also willing to do this. It was ther~fore moved by Mr. Hall that the sidewalk be raised on the South side of Atlantic Avenue from the West line of the Crawford property West to the Canal and that a new walk be constructed on the North side of Atlantic from the Canal to the Seaorest Garage, the entire cost of SQch improvement to be assessed against abutting property. Mr.. Wodisohek seconded the motion. and on roll oall the vote was as follows: Mr. G~ftn yes. Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion carried. , A letter from Geo. S. BrOCkway, Engineer, with referenoe to piling and foundation requirements was read by the Clerk. and the Building Inspector explained that this was submitted in lieu of an engineer's certificate in conneotion with the Craw- ford job on Lot 8 Atlantic Palm Nursery property. The Council contended the letter submitted was am- ply a general opinion in the matter of footings and foundation requirements and had no direct bearing on the particular construction in question and that nothing but the required engineer's certificate WOQld satisfy the COQncil, in this regard. The following resolution, submitted by Councilman Miller, was discussed by the members, some of whom considered striot conformity thereto would prove inconvenient and necessitate the calling of oountless special meetings. It was finally.moved by Mr. Wodischek that same be adopted as follows: ~ ,vj". COUNCIL CHAMBER - October 10, 1938 1.035 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING ALL CITY BUSINESS TO BE TRANSACTED AT REGULAR OR SPEC- IAL COUNCIL MEETINGS: BE IT RESOLVlm by the City Council of the City of Delray Beach that it is and shall be the policy of this City Council now ~nd in the future, to transaot all city business in regular council meetings or at special meetings, legally called, and of which all members of the City Council have been duly notified. BE IT FURTHER RESOLVED that no payment of bills, letting of any concession, contracts or permits or any other action be approved by getting signatures of individual members of the City Council outside o~ Council meetings, and BE IT FURTHER RESOLVED, that the City Clerk or any other employee of the city are hereby instructed to issue no checks, pay no bills, issue no permits or licenses except as they are authorized to do so by the charter, ordinances or action. or the City Counoil in legal session, and that any official or clerk paying out any city funds on the authority of the signature of one or more members of the CounCil, shall, except when such expenditure are regularly approved by the Council at a legal meeting, pe responsible on his or her bond for the full amount of the expenditure. Passed in regular session on this the 10th day of October, 1938. Mr. Hall seconded Mr. Wodischek's motion and on roll oall the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion for adoption was declared carried. Bids on a new 750 G.P.M. Pump were received. opened and referred to a committee composed of the Mayor, Mr. Wodischek, ' the City Engineer and Supt. of Public Works, to investigate and report back with recommendation to the Counoil at a special meeting called by the Mayor for that purpose. The bids submitted were on the following types of pumps: 1036 COUNCIL CHAMBER - October 10, 1938 WEINMAN PUMP GOULDS FAmBANKS MORSE PUMP ALLIS-CHALMERS " AMERICAN " - J.P. Carroll, representative - Geo. W. Fowler Co., Inc. " - Geo. W. FOWler Co., Inc. " - Allic Chalmers Mfg. Co. American Well Works The Worthington Pump people failed to submit bid as requested. " A request ror lioense to operate an outdoor bowling alley, located on Lots 23 & 24 Block 92, was made to the Council. Applicant stated he intended to operate four alleys these to be of cement construction, protected from the weather by a substantial type roof supported by wooden posts. The members were opposed to anything beinsconstructed of a permanent nature and recommended that an awning covering be substituted. In accord with this recommendation it was moved by Mr. Hall that permission be granted for such business pro- viding a presBntable awning covering supported by an iron pipe framework be used. Mr. Wodischek seconded the motion, and on roll call, the vote was as follows: Mr. Gwynn no, Mr. Hall yes, Mr. Hill yes, Mr. Miller no, and Mr. Wodischekyes. The motion carried. An applicant asking issuance of license for beaoh concession to operate a ohair and beach equip- ment rental and sales business was also heard. Appli- cant was informed license could not be granted for such a business to operate East of the boulevard but no objection would be made to looating same in the business zone lying West of the boulevard. Mr. Wm. C. Johns addressed the meeting, making application for the position of life-guard wntoh he held formerly a year or so ago. On motion of Mr. Wodisohek, said application was referred to the Parks Committee, with power to act. Mr. Miller seoonded the motion which oarried unanimously. Samuel Ogren presentei plans and lay~ut for construction of Verschoor Villas on Lots 3,4 and 5 Block 125. After examination and explanation by Mr. Ogren who stated the lay-out had been approved by the Federal Housing Commission, it was moved by Mr. Miller that said plans be approved and the build- ing inspector authorized to issue permit tn accord- ance with plans as submitted. Mr. Gwynn seconded the motion whioh carried unanimously. The action of Howard Cromer in hiring truok from Harvel Brothers for use on the boulevard COUNCIL CHAMBER - October 10. 1938 1037 ~)- project for a period of approximately fifteen days. was by motion regularly made, seconded and carried, approved, and authority also granted for the hiripg of a man to set forms for cement work on said project. Councilman Miller reported that Professor Cook had requested the City to mark necessary lines for foot ball games on the school campus. This would require two bags of lime and one or two men to do the work, he said. It was moved by Mr. Wodis- chek that Mr. Cook be given the required help and that the City furnish the lime necessary for this work. Mr. Miller seconded the motion, which carried unan- imously. Howard Cromer was instructed to mske necess- ary survey for marking aT such lines. The Auditor reported having commenced work on the City audit for the fiscal year ending September 30th, and asked the Council's permission to furnish the Bondholders Committee and the Bessemer Company with copies of such audit reports, when eompleted. It was moved by Mr. WOdischek that 1Ilr. Winn be permitted to furnish a copy of said audit to these bondholders after same has been regularly submitted and reoeived by the City Council. Mr. Gwynn seconded the motion, which carried unanimously. W.A. Jacobs addressed the meeting in behalf of the Recreation Club. He stated the Club would be starting repairs next month and making general pre- parations for the coming Season. In conjunction with same, he requesteQ that the City cooperate to some extent by providing parking space for club patrons and adding to the Club's facilities. He said unless some extension is made to the Club's present equipment and reoreational features it will be seriously handicapped, in meeting the demands of its members this winter. Lawn-bowling was recommended as one of the additions. In this connection, it was moved by Mr. Gwynn that Howard Cromer be instructed toprepate an estimate of the cost of these extensions and submit same to the Council at its next meeting. Mr. Hall seconded the motion whioh carried unanimously. The following communioation recommending a series of treatments for the Royal Palms between t~e Canal and Ocean, and giving a price on same was presented by Mr. Miller. " October 10, 1938 Members of the City Counoil Delray Beach, Florida Gentlemen: 1.038 COUNCIL CHAMBER - OctOber 10. 1938 At the request of a number of the members of the council and many citizens of Delray Beaoh I have re~inspected the Royal Palms on Atlantic Avenue and find it would be advisable to re- treat the palms for Royal Palm bug such as was done in May, 1937. Much improvement is apparent over their oondition due to the first treatment, however. if the improvement is to be continued and lasting a seoond series of treatment should j be undertaken at thi s time. I would suggest a series of three application. - The first, spraylngand fertilizing, the ferti- ~ lizer to be a high grade type especially pre- pared for Royal Pa'lms, to be applied immediately at $3.00 per tree; the second application, spray- ing only, to be applied in April 1939 at $1.50 per tree; the third applioation, spraying only, to be applied in Ootober, 1939 at $1.50 per tree. I submit the above f~gures for your consideration and would urge its approval. Yours sincerely. Mike L. Blank . After discussion it was moved by Mr. Miller that the City arrange to have Mr. Blank give the palms this series of treatments. Mr. Hall seconded the motion, and on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes and Mr. Wodischek yes. The motion oarried. The City Attorney recommended that inas- muoh as no Objection had been made to the contemplat- ed grading and paving of Palm Avenue, that the Council prooeed to either let contract for the work or author- ize same to be dOne by the City. It was accordingly moved by Mr. Wodischek that Mr. Cromer be authorized to call for bids on the proposed work. Mr. Miller seconded the motion and On roll oall the vote was as follows: Mr. Gwynn yes. Mr. Halllyes, Mr. Hill yes, Mr. Miller yes and Mr. WOdischek yes. The motion oarried. The following ordinance providing examin- ation fees of $15.00 and $5.00 for master an~ journey- man plumbers, respectively, was submitted by the City Attorney. and by motion regularly made, seoonded and carried plaoed on its first reading. 1039 COUNCIL CHAMBER - Ootober 10. 1938 ORDINANCE 237 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING AN ORDINANCE CREATING A COMMISSION ON PLUMBING AND ELECTRICAL WIR- ING IN THE CITY OFDELRAY, PROVIDING FOR THE CONSTRUCTION, MAINTENANCE AND REPAIR OF PLUMBING IN THE CITY OF DELRAY. FLORIDA. " The ordinance having been read in full by the Clerk, it was moved by Mr. Wodischek that same be passed on its first reading. Mr. Gwynn seconded the motion, and on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes and Mr. Wodischek yes. The motion carried. The followlngresolution, requesting the Works Progress AdministTation to change location of the negro recreational park, was by motion of Mr. Hall. seconded by Mr. Gwynn and unanimously carried on roll oall, adopted. RESOLUTION 246 BOOK 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE WORKS PROGRESS ADMINISTRATION TO AUTHORIZE THE CHANGE OF LOCATION FOR THE NEGRO RECREATIONAL PARK FROM BLOCK 37. OF THE CITY OF DELRAY BEACH, FLORIDA, TO A LOCATION ON THE PUBLIC SCHOOL GROUNDS IN SAID CITY. , A report by W.V. Croft on the aotivities and financial status of the swimming pool, was read by the Clerk and commeneed upoh by the members who oon- sidered it a very satisfactory One. The Chairman of the Parks Committee stated additional work was necessary at the pool, such as painting and the providing of more locker room &c. ~hich work he would like authority to have done before the season opened. Mr. Wodischek moved that the Parks Committee be empQwered to have neoessary paint- ing and a minimum amount of repairs done at the swim- ming pool. Mr. Miller seconded the motion which carried unanimously. Howard Cromer stated a question had arisen as to how owners of Lots 5 to 10 Ocean Breeze Estates might best be served with sewer facilities. A lat- erat line abutting on said lots Was considered pre- ferable to tapping the main Lowry Street line for each applicant, which would prove injurious to the street. It was therefore recommended by Mr. Gwynn . 1040 COUNCIL CHAMBER - October 10, 1938 'that the City Engineer contact these property owners with a view to getting a petition from them asking for the construction of such lateral sewer line. The City Clerk asked the Council's author- ity to consolidate certain bank accoun,ts for the sake of convenience and econo~. The City Attorney was asked if any legal objection could be made to this. It was his opinion that there was no reason for object- ion but he agreed to look into the matter. It was accordingly moved by Mr. Wodischek that said aocounts be consolidated, providing the City Attorney did not advise against it. Mr. Hall seoonded the motion which oarried unanimously. The City Clerk was questioned as to whether Mr. George had paid bill for paving constructed ad- jacent to his property on Fourth Avenue last summer and upon being advised that same was still unpaid, it was moved by Mr. Hall that the City Attorney be instructed to write Mr. George in an effort to collect said amount. Mr. Gwynn seconded the motion, which carried unanimously. The City Attorney was asked if he had reaohed any agreement with dissenting bondholders in regard to amount of levy they would aocept for the 1938-1939 fiscal year. He stated that some of these oreditors were investigating into the City's records to ascer- tain whether payments had been made to them on the same pro-rata proportion as other bond creditors. After they had satisfied themselves in this regard. he said he believed they would be prepared to make stipulation as to levy. Upon motion regularly made, seconded and carried, the following ordinance was plaoed on its second reading: ORDINANCE 245 _1IIIIlIJ BOOK 4 ,Y ~ AN ORDINANCE OF THE ,CITY OF DELRAY BEACH, FLORIDA PROVIDING FOR THE TYPE OF FOOTINGS AND FOUNDATIONS WHICH SHALL BE USED IN THE CONSTRUCTION OF ANY BUILDING OR BUILDINGS HEREAFTER ERECTED IN THE CITY OF DEtRAY BEACH, FLORIDA. The ordinanoe having been read in full the second time, it was moved by Mr. Hall, that it be adopted on its second reading and final passage. Mr. Gwynn seconded the motion and on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall yes. Mr. Hill yes, Mr. Miller yes, Mr. Wodischek yes. The motion was oarried and the ordinance declared adopted. 1U4.1, COUNCIL CHAMBER - October 10, 1938 ., It was recommended by Mr. Gwynn that the City purchase a 2-meter spring-board and also another board to replace the present one at the swimming pool which is broken. It was moved by Mr. Hall that the reoommendation of the Parks Committee be approved and the Committee be authorized to make said purchase of the two boards. Mr. Wodischek seconded the motion which carried unanimously. It was also recommended that the committee make an investigation as to cause of the crack in the cement around the pool and see whether same has not been undermined by the washing out of the underlying sand. Mr. Hall brought up a matter of tax adjust- ment on Lots 15 to 24 Block 74, reporting that a very fi~ development of nine new residences was contem- plated for this block, same to be built and ready for taxation on the 1939 roll, providng taxes could be adjusted to a figure that would enable the devebpers to put over the project, as planned. In order to violate none of the existing ordinances governing payment of taxes, Mr. Hall proposed that the City purchase a thousand dollar bond having $247.50 past- due ooupons attached, from Mr. Cathcart for the price of $976.5l~~ and that Mr. Cathcart immediately return said $976.51 to the City as cash payment for taxes and liens, payable on the 25% adjusted basis now in effeot, for said oash amount of $976.51. This manner of settlment ~as discussed pro and con, Mr. Hall and Mr. Gwynn considering same, a good and fair settlement. Other members of the Counoil feared it would be setting a precedent in the matter of bond prices and lead to embarrassment of the Council. However, it was finally moved by Mr. Hall that the manner of settlement, as above outlined be acoepted. Mr. Gwynn seconded the motion and on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill no, Mr. Miller no, and Mr. Wodischek no. The motion waS lost F.E. MaCkIe, the developer, then addressed the meeting, stating he had already arranged for purchase of the property and that it was very necessary that some basis for settling the taxes be agreed upon at this meeting, so that he might proceed immediately with the contemplated oonstruction which he thought would mean a great deal to looal merchants as well as a benefit to the town. As an alternative plan of settlement Mr. Hall stated that no ordinanoe existed Whereby the Council was restricted in its power to settle special improvement liens, therefore he recommended that the taxes be settled in accord with the provisions of Ordinance 196. Book 4, and that the improvement liens be adjusted at a figure that would COUNCIL CHAMBER - October 10. 1938 1042 , enable Mr. Mackle to purchase property and proceed with his development. He felt the Bondholders would concur in such a settlement in view of the proposed improve- ment. Mr. MackIe offered $500.00 in settlement of taxes and liens on the ten lots and Mr. Hall moved that this offer be accepted, 476.55 of same to be applied as payment for all delinquent taxes and $23.34 in settle- ment of all liens. Mr. Gwynn seconded the motion and on roll call the vote was as follows: Mr. Gwynn yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes, Mr. Wod- ischek yes. The motion carried. Mr. Hall then brought up the matter of City employees' salaries for the ensuing fiscal year, stat- ing that some of these seemed out of line with others, and that he believed the taxpayers expected to pay a fair salary to suoh employees as were giving satis- factory servioe. After discussing individually the compen- sation paid and other privileges enjoyed by the var- ious employees, the salaries for the ensuing year were by motions regularly made, seconded and oarried. set as follows: " ". L.W.Cook $175.00 per month Mae W. Cramp l75~00 " " C.A. Baker 175.00 " " A1 Nelson 150.00 plus $50.00 for uniforms Asst. Poli cemeni ' 137.50 " 50.00 " " Paul Nicolls 110.00 per month Jo)m Gregory 110.00 " " Lee Belle Priest 100.00 " " & no overtime all OWE Jane Cremata 85.00 " " , Life Guard ~ 50.00 Howard Cromer 160.00 " It Judge Jacobs 40.00 " " Frederick Brown 100.00 " " & $30.00 for uniforJ W.V. Croft 75.00 " " . -... :.. A discussion then aros~ es to the Council's salaries. Mr. Miller stated he was opposed to any raise in same and also to some of the raises of the employees; that although he considered everyone was worth more than they were getting yet he felt the City could not afford it. It was finally moved that the salary of the Councilmen be raised to $50.00 per month. Mr. Gwynn seoonded the motion and on roll call the vote was as follows: Mr. Gwynn yes. Mr. Hall yes, Mr. Hill yes, Mr. Miller no and Mr. Wodischek no. The motion carried. The City Attorney was instructed to draw a resolution to comply with Section 27 of the City Charter, fixing salaries of City employees and Councilmen as above outlined, effective as of October 1st, 1938. 1043 COUNCIL CHAMBER - Ootober 10. 1938 It was moved by Mr. Wodischek that bills numbered 3450 to 3492. having been O.K'd by the Fin- anoeCommittee, be returned to the Council and ordered paid. The meeting regularly adjourned. 'm W. c.~ Stir Clerk - f APPROVED : ~U.bd-cU Resolution governing salaries duly drawn as follows: RESOLUTION 248 BOOK 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FIXING THE SALARIES OF COUNCILMEN AND OF CERTAIN OFFICERS AND EMPLOYEES OF THE CITY OF DELRAY BEACH, FLORIDA. .