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01-11-54 JANUARY ll, 1954 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at ?:30 PM with Mayor Catherine E. Strong in the Chair, City Attorney Nell MacMillan~ City Manager Robert ~ovelace, and the following Council members present: Robert J. Holland, Mrs. Alma K. -~oehle, Glenn b. Sundy, and ~. Cottingham Allen, a quorum being present. The minutes of the meeting held January 4 were approved as w~itten. Mr. Alex Grenier addressed the Council ~ith reference to park- ing illegally by the bank in Delray Beach. He stated there were no parking facilities which are adequate and suggested the City designate a parking space for bank business. Councilman Allen stated he thought this was a phase of over- all parking problem which the Planning Board is not concerned with at the time, and suggested it be referred to the Board for their attention. Mrs. ~oehle did not agree with Mr. Allen that it was the Planning Board,s Job. Mr. Grenier suggested stickers be used for cars parking for banking business so as to distinguish the people from those who are parking illegally. After discussion, Mayor Strong recommended the City Manager and Chief Croft work the problem out together and advise ~the Council o~ their decision. City ~tanager Lovelace read a communication from the Florida East Coast Railway stating that the four crossing gates had been provided for in the 1954 budget. He also ~ead a letter from Oetty Lynch, Ladie's Auxiliary for the Director of Civil Defense, an- nouncing that a program would be held the following Monday at 8:00 P.M. A better from Joe Rose, resigning as Chairman of the Golf Committee was then read by City Manager Lovelace, and Mrs. Woehle recommended the letter be acknowledged. This was discussed further later in the meeting. City Manager '~-ovelace then addressed the Council stating that his primar~ interest was in the operation of a Council-Manager pSan in Delray Beach and that the success hinges on the basic at~itude and respect between the Council and the City Manager. He stated that he felt he could best serve Del~ay Beach and the Coun- cil by offering his resignation, and that he would stay until not later than February 15 of this year, by ~hich time theCity Clerk would be back in routine. He further stated his resignation could be effective at the close of the meeting if the Council wished. Mrs. Woehle and Councilman both stated that the notice was too short and that the City needs a City Manager for the next month. I~. Lovelace explained that he did not have another Job but he expected to, and that he would stay longer than a month if possible. Councilman Allen asked the City Manager if he could be pre- vailed upon to commit himself to stay until March i and said he did not know what was entailed in securing the services of a City Manager. Councilman Holland told the Council he would not go through the Job again of trying to secure a City Manager. City Manager ~ovelace stated that in most new jobs they want a person to take over right away but that he would try to stay 45 days. Councilman Holland explained that the last Council spent about three and a half months finding a City Manager and that it was a Job he did not want. Mrs. Woehle then asked what he would do and he replied he would resign before being a party to that kind of deal. Mr. ~ovelaee stated that the evidence of the last Council meeting was what made him feel he should resign and that it was his opinion the Council had not served the City as well as it might. Mr. Hank Cohen addressed the Council stating the City Manager fo~m of Government acts differently than a Council form of Govern- ment and asked if they understood the difference. He said he did not understand City Manager Lovelace's viewpoint on it and that the City Manager is the one who is supposed to administer the programs. JANUARY ll, 19~4 He~ stated that if the Council is going to run a City then they should not have a City Manager, and that he thought it had not been given a good opportunity to operate. Councilman Allen asked the City Manager if he had discussed the situation with any of the Council before making the announce- ment, to which he replied he had not discussed it with anyone except his wif~ Councilman Allen asked the City Manager if he would reconsider his resignation and he replied that at this stage he did not think it was possible but tl~at he was willing to meet with the Council. Councilman Holland stated he approved. Mr. Walter Seymour addressed the Council stating it was his opinion that the City Manager had always had full consideration for the City and that no City M~nager had.worked as hard at his job. He stated he thought it would be a big mistake to let City Manager Lovelace go. Councilman Allen then made a motion that the Council not accept at this time Mr.~ Love!ace's resignation and request he reconsider, and also that he withdraw his resignation until such time as the Council has had opportunity to discuss it further. Upon call of roll the motion carried, M~or Strong abstaining, Co,~ncilman Sundy opposing the motion, and Councilman Holland, Allen and M~s. Woehle voting in favor of the motion. Mr. Charles Francis .Coe, attorney for the Alga Corporation, stated they have filed a petition for rezoning on muck lots and recommended the petition be referred to the Planning Board. Mrs. Woehle made a motion the request be sent through channels of the Planning Board. Councilman Allen seconded the motion and after roll call the motion carried unanimously. City Manager Lovelace then read a letter from John Moore, attorney, with regard to the paving of No~,thwest 2nd avenue from 9th to 10th Streets. He stated the request had not received the Revolving Improvement Fund authority and that there had been a difference of opinion in the prior Council and the present Council. He recommended it be referred to the Planning Board as to making it an interim project. Mrs. Woehle so moved the recommendation be acce~oted and Councilman Sundy seconded the motion which c~rr~ed unanimously. Mr. kdward Pendergraft, Chairman of the March of Dimes, and representing the Civitan Club, addressed the Council in regard to proceeds from parking meters being given to the March of Di~es on the date of January 22, 1954. He explained that the City's money would be removed from the meters the night before the Drive. After discussion by the Council that this would not cost the City more than approximately $45.00 and that the City had not used the meters for this purpose for the past t~o January's, Councilman Sundy made a motion that the request be granted and Councilman Allen seconded the motion which carried ~mani~ously. City Manager Lovelace then discussed an Ordinance perta~ning to Licenses for beer and wine and explained that one item had been deferred by t~e prior Council. He recommended that the Ordinance either be "killed" or that if the Council was interested, that they do ~othing further until the first re~ding of the Ordi- nance at the next meeting. Councilman Sundy so,moved the recommendation be accepted and Councilman Allen seconde~ the motion which w~s unanimously carried. City Manager Lovelace adv~s ed the Council with reference to a request from Sadie M~Coy Meyers for a Quit Claim Deed on three feet of property. He stated that a special sale was held.and that the claim was against Edna Sherwood Copeland who had never had any in- terest in this three feet of land. He told the Council that the City had invested $2.?5 in the property and that Sa~£e McCoy Meyers was willing to pay the City $5.00 to institute a ~uit Claim Deed. Councilman Holland so moved the authorization be given ar~$ouncil- man Sundy seconded the motion w~tch was unanimously carried. JANUARY 11, 1954. City ~anager Lovelace then reported on a request from Mr. Sharp for damages on the City' Dock's Project. He explained that a seawall was constructed in 1952 in back of the docks and that Mr. Sharp's dock was considered the best. He stated tr~ docks are being damaged and that the report on the amount of damages had been received the week before. Mr. Sharp had requested credit for two bills. Mrs. Woehle asked if the canvas could not have been cleaned instead of replaced and the City Manager stated he thought so at first, but that they had been entirely replaced. Councilm~n Allen suggested that since Mr. Sharp had taken it upon himself to make improvements on City property that he actually did not have a claim, but that from an ethical point of view he might be entitled to some consideration. He recommended to the Council that the City split the difference on the claim, allowing one half of~ his request. He explained that he made this recommendation since Mr. Sharp has had some use of them and that it would be in line if they did not give him full consideration. Councilman Holland made a motion that the claim be adjusted up to the half point, no more. Mrs. Woehle seconded the motion which was unanimously carried. The City Manager discussed with the Council the pay plan which had been set up two years ago which classifies all employees in nine groups, each having five steps. The employees are given a raise at the beginning of each fiscal year and then reach the maximum or are promoted into a higher bracket. He stated that there is an Organizational Chart for a City ~ngineer and recommen- ded there be a higher bracket for the Director and that a new pay scale be adopted retroactive December 21 to apply immediately to Mr. Worthing. Councilman Holland moved the recommendation be accepted and Councilman Allen seconded the motion which was unanimously carried. Mrs. Noehle asked the City Manager if the Internal Control had been established and if anything had been done about a cashier. The City Manager explained that the forms for Internal Control were being printed and that an examination had been held on this date for a cashier. Councilman Holland asked the City Manager as to the status of the option on the proposed beach property at Palm Beach Shore Acres. City Manager Lovelace reported that a meeting with the County Commission had been held this date and that he did not know whether that parcel of land would work out. He ~stated the option expires January 23 and recommended a motion to negotiate an extension on the option. After discussion of the Council in regard to the money invested in the property and Councilman Holland explaining a 30 day extension would cost no more mn~l that the City could still exercise the option, the City Manager recommended a spedial meeting be called to discuss the extension. Councilman Holland so moved the recommendation be accepted and Councilman Sundy seconded the motion which carried unanimously. Mr. MacMillan explained to the Council that he had received an amended complaint and had set a hearing for motion dismissal for the next Thursday. Mayor Strong asked if the City would still have time to take action on the 100 feet of property and City Manager Lovelace suggested the Council wait until the special meet- ing~to see if the extension was granted. The Committee appointments then followed, Councilman Allen making a motion that Mrs. Woehle be retained on the Finance Com- mittee. Councilman Holland seconded the motion which carried unanimously. Councilman Holland then moved Councilmen Allen and Sundy be appointed on the Committee and ~rs.~oehle seconded the motion which carried unanimously. In regard to the Golf Committee, City Manager Lovelace re- 'commended the Golf Committee make their own appointment and report would be made at the next Council meeting. JANUARY ll, 19~4 Mayor Strong then discussed the matter of the colored ceme- tery records stating they are not kept in the City Hall and recommended a motion be passed to keep the records for the colored burials in the City Hall and. to bring the plat of the cemetery up to date. Councilman Sundy so moved the recommendation be passed and Mrs. Woehle seconded the motion which was unanimously carried. ~City Manager Lovelace reco~ended the approval of the follow- ing funds: General, Golf Course, Water Revenue, Debt Service in Construction Account, Water Meter Deposits, and Trust Fund. Mrs. W~ehle made a motion the bills be approved subject to the approval of the ~inance Committee. Councilman Holland seconded~the motion which carried unanimously. The City Manager p~esented a print of a building plan for Charles Wenderoth, explaining that it was standard practice to come before the Council for approval of new buildings. Council- man Holland moved the approval of the plan be made, subject to the Building Inspector. Councilman Allen seconded the motion and the motion was unanimously carried. Mrs. Woehle then discussed the meetings which are held in regard to the State Road 9 Turnpike and suggested an appointment be made of Mr. Harry McKean as head of the Planning Board, to act aa an official so that he would be recognized at the meetings. She suggested the City Manager prepare a letter of authority for Mr. McKean. Councilman Holland made a motion the letter be prepared and Mrs. Woehle seconded the motion which carried unanimously. The meeting then adjourned. APPROVED: Ma yo r ATTEST: City Clerk ·