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08-24-54 AUO~ST 24, 19~4 A Regular Meeting of the City Council of t~e City ,of Delray Beach was held in t~ Council Chambers at 2:30 P.M. with Mayor Catherine E. Strong in the Chair, City Manager W. E. Lawson, City Attorney Neil MacMillan, and the following Council members present: Glenn B. Sundy, R. J. Holland, Mrs. Alma K. Woehle, and W. Cottingham Allen, a quorum being present. An opening prayer was delivered by Rev. Carl S. Miller. Upon motion of Councilman Holland, seconded by Mrs. Woehle and unanimously carried, the minutes of the meetings of August 6 and l0 were approved as written. The Council approved the minutes of the special meeting held August l? to discuss Social Security for eligible City employees. Since there ~as not a quorum present at that meeting the minutes were ordered spread upon the minute book as~,follows: AUGUST 17, 1954 A Special Meeting w~sheld at the City Hall at 4:30 P.M.~ for the purpose of discussing Social Security. Present, were Mayor Catherine E. Strong, City Manager W. E. Lawson, and 59 City employeem. Mr. James C. Bozeman and Mr. R. C. Gehrken, Jr. of. the Social Security office of West Palm Beach explained the benefits derived and the percentages paid by the employees and by the City. Mr. Bozeman stated that the maximum paid under Social Security is $85.00 per month and the minimum $25.00, and that two percent of the worker's pay up to ~3600 per year is collected. He explained that employees already under t retirement plan such as the Firemen's Pension Fund are not eligible for Social Securi- ty. A vote was taken resulting in 54 persons being in favor of the plan. The employees were given an opportunity to ask questions after which Mayor Strong stated she wo~ld have the Council con- sider final approval of providing Social Security in view of the majority of the employee's voting in favor of the plmn. The meeting then adjourned. Mr. Lawson read a letter from Mr. S. R. Middleton, County Engineer, and a resolution of the County Commission accepting NE 2nd Avenue from Atlantic Avenue north to the north city limits as a county road. The Council the~ discussed the status of paving this street from Atlantic Avenue to 4th Street. Mrs. Woehle stated the county was in the process of surveying and making plans to pave a width of 24 feet, with the exclusion of these four blocks. Mr. Lawson explained that the county is doing the field work from 13th to 4th Streets so that the other four blocks would not interfere with their progress. He stated Mr. Brockway had been ootified to prepare final plans and that he had asked him to confer with Mr. Middleton for coordination. The City Clerk advised there had not been many replies from property owners who had been asked if they would be willing to pay an assessment for this paving. Mayor Strong felt a time limit should be set for the people to reply so that the work could be completed before the winter season. The City Attorney advised the Council that the lot on the northwest corner of 8th Street and NE 2nd Avenue, owned by John T. VanBallegoolen, might be obtained by t~ City which AUGUST 24, 1954 would relieve the dog leg at that intersection. Councilman Holland made a motion that the City Manager negotiate with the owner of the property regarding the purchase of same and to report to the Council. T~e motion was seconded by Councilman Bundy and unanimously carried.~ After further discussion as to paving the four blocks from Atlantic Avenue to 4th Stree~, a motion was made by Councilman Holland instructing the City Clerk to advise the County to pro- ceed with 24 feet of pa~ing from 13th Street to Atlantic Avenue as soon as possible. The motion was seconded by Councilman Allen and unanimously carried. Mr. Lawson reported that he had received an estimate from Elliott Gross' engineering office of approximately $350 for a topographical survey of the area of S W ~th Avenue for drainage. They had also explained that a final cost for such work would be on the regular hourly wage basis. Mr. Lawson asked the Council for their opinion as to whether the City should contri- bute anything toward payment for the work. Mrs. Woehle felt the problem was one for the property owners to work out since they do not take into consideration drainage problems when they construct buildings. Mayor Stroug felt the owners should be asked how much they would be able to pay for the work and that the city should give some help. After further discussion as to keeping the cost of the work at a maximum of ~350, a motic~ was mad~ by Councilman Nolland referring the matter to the City M~nager, instructing him to proceed with the drainage survey, keeping in mind a fee of ~350, the City to pay one-half if the property owners pay one-half. T~e motion was seconded by Councilman Allen and won call of roll Mayor Strong, Council~e~ Holland and Allen, and Mrs. Woehle voted in favor of the motion and Councilman Sundy voted oppose~. Mr. Lawson stated that Dr. M. E. Buerk had tentatively accepted the appointment as City Health Officer but that it had not been confirmed. The matter was tabled until accep~ ance of an appointment is verified. Mr. John Adams addressed the Council, reviewing the status of Earl ~allace's request to abandon an alley in McGinley Gos- man subdivision to expand his present automobile agency. The matter had been tabled at a previous meeting until a full quorum could be present to vote on a resolution prepared by Mr. Adams authorizing abandonment of the alley by the City. Councilman Holland felt the Council should consider these requests individually and moved ths~ the resolution be adopted but not as a matter of City policy. The resolution was then read as follows: A RESO~.UTION OF THE CITY COUNCIL OF THE CITY OF DE4RAY BEACH, FLORIDA, ABANDONING ALLEYWAY. WHE.~b~AS, all of the affected land owners have joined together and have petitioned the City Council to vacate and abandon the 16 foot ~land area considered as alleyway running North and South lyin~ immediately East of the East boundary line of Lots 5, 6, ? and~ and f~rther lying immediately West of the West boundary line of Lots 36 and 9, all of said lots being described according to McGtnley and Gosman' s Subdivi sion, a subdivision of the City of Delray Beach, Florida, as per plat thereof on file in the office of the Clerk of the Circuit Cou~t in and for Palm Beach County, Florida, recorded in Plat Book 2, page 87, public records of Palm Beach County, Florida; and WHEREAS, the said petition having been considered by the Zoning and Planning Board of the City of Delray Beach; and WHEREAS, said Zoning and Planning Board have recommended the vacation and abandonment of same; and W~EREA$, said alleyway is not now and never has been used; and WHEREAS, the C~ty Council deems it to be to the best interests and growth of the CitY of Delray Beach to cause said alleyway to be abandoned; and NHEREAS, the petitioners nave heretofore by deed of con- veyance conveyed unto the City of Delray Beach the Westerly 15 feet of Lots 5, 6, ? and 8, McGinley and Gosman's subdivision as described above; the same to be used for the widening of N.E. 5th Avenue of the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the 16 foot alleyway running North and South and lying immediately East of Lots 5, 6,7 and 8 and further lying immediately West of Lots 36 and 9 of said prope~y being in and described according to McGinley and Gosman's Subdivision of the City of Delray Beach, Florida, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, page 87, and more specifically being shown by the sketch of part of McGinley and Gosman's Subdivision attached hereto and made a part hereof, be and the same is hereby vacated and abandoned. ADOPTED by the City Council of the City of Delray Beach, Florida, this the ~ . day of _ A.D., 1954. CounciLman Holland's mOtion was then seconded by Councilman Sundy. Upon call of roll the motion did not carry, Mayor Strong, Mrs. Woehle and Councilman Allen voting opposed and Councilmen Holland and Sundy voting in .favor of the resolution. Mr. Adams then asked the City Attorney how far back the Council could go in changing their minds and if the resolution was not formal evidence of the Council's action. Mr. MacMillan replied that the Co~ucil could change their minds up to the adoption of the resolution. He then suggested that the City re-convey the property to Mr. Wallace which had been dedicated by him to the City. A motion was then made by Councilman Holland authorizing the City Manager to reconvey ten feet on Dixie Highway and five feet on Federal ~ighway back to Mr. Wallace. Mrs. Woehle seconded the motion and it c~rried unanimously. Mr. L. R. Weston, Training-stet for Florida East Coast Nail- road, addressed the Council with a request that speed restrictions for trains be lifted. He stated he had conferred with the former City Manager who ha~ asked that gates and warning bells be in- stalled at crossings in Delray Beach, and that he wins advised that when this is accomplished the restrictions would be lifted. He told the Council the work would be completed within a week or ten days. Mr. Lawson then read a resume of accidents, prepared by the ICC showing that only about two percent of accidents in the United States in 1952 between trains and motor vehicles occurred when trains were ~avelling in excess of ~0 miles per hour. A ~tion was'~made byCouncilman Holland that, in view of the FEC Railroad's fulfillment of an agreement to install gates and bells at crossings, that speed restrictions be lifted when the work is cc~pleted. The motion was seconded by CounciLman Allen and unanimously ca~ried. Mayor Strong stated that Mr. Weston had recently ~ecommended to the Board of Trustees of the Railroad company that they lease certain railway property south of the railroad station, east of the main track for city parking. 151 AUGUST 24, 1954 The. City Manager was instructed toobtain plans and estimate of cost for opening SE 4th Street between Swinton and SE 3rd Avenue s. The following resolution was read: RESOLUTION NO. 929 WHEREAS, the City of Boynton Beach, Florida, has, by Resolution, requested the County Commission of Palm Beach County, Florida, to extend Woolbright Road westward to State Road No. 7, and WHEREAS, the City of Oelray Beach, Florida, is in accord with the action and request of said City of Boynton Beach, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida. 1. That the City of Delray Beach does hereby Join in requesting the County Commission.of Pal~ Beach County, Florida, to extend Woolb~ight Road westerly to State Road No. 7, 2. That copy of this resolution be forwarded to the City of Boynton Beach, Florida, and to the County Commission of Palm Beach County, Florida, DULY PASSED AND ADOPTED in regular session c~ this the 24th day of August, A.D. 1954. /s/ Catherine E. Strong Mayo r ~TEST: /s/ R.D. Worthing City Clerk Upon motion of Councilman Holland, seconded by CoUncilman Sundy and unanimously carried, the resolution was adopted. The following Emergency Ordinance was then read: ORDINANCE NO. G-194 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE~CITY OF DELRAY BEACH, FLORIDA, CREATING A BOARD 0F PLUMBING COMMISS- IONERS, AND CREATING THE OFPICE OF PLUMBING INSPECTOR; PRE- SCRIBING THE DUTIES OF SAID BOARD OF COMMISSIONERS AND INSPECTOR; PBOVIDI~NG FOR THE EXAMINATION OF JOIRN YMEN AND MASTER PLUMBERS, AND FEES THEREFOR; I~ROVIDING FOR THE LICENSE FEE AND BOND OF MASTER PLU~ERS; DEFINING PLUMBING; SETTING OUT MISCELLANEOUS REGULATIONS FOR THE CONDIET OF PLUMBING; PROHIBITING CERTAIN FIXTVRES; PRESCRIBING A CODE OF STANDARDS TO BE FOLLOWED IN THE .INSTALLATION OF TRAPS, PIPES, SOIL VENT AND WASTE STACKS, SEPTIC TANKS, PLUMBING FIXTURES AND SWIMMING POOL~; PROVIDING FOR THE INSPECTION OF PLUMBING WORK; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INSOFAR AS THE Sa_ME ARE IN CONFLICT WITH THIS ORDINANCE. DiscussiOn was held regarding the revised Plumbing Code and motion was made by Councilman Holland, seconded by Council- man Allen and unanimously carried that the above ordinance be adopted on first and final reading. Bills in the amount of $21,661.68 were approved for payment subject to the approval of the Finance Committee, upon motion of Commc. llman Holland, seconded by Councilman ~Sundy and unani- mously carried. AUGUST 24, 1954 Mr. Lawson explained a request ~or adjustment in a paving assessment on a triangular shaped lot in Block 80 owned by Mr. Leo Rosen, fronting 566 feet on SE 2nd Avenue and 100 feet on SE 4th Street, He stated that for the paving of SE 2nd Avenue in 1952 the property was assessed ~1063.20 computed at ~1.772 per front foot for 600 feet. A motion was made by Councilman Holland instructing the Tax Assessor to correctthe error which occurred in assessing 600 feet and adjust it to 566 feet frontage. The motion was seconded by Mrs. Woehle and unanimously carried. The Council discussed the procedure for licensing solici- tors of Christmas cards and similar items. It was agreed that they should be considered under provisions of the presmmt ordinance for peddlers and that they should be made to register with the Police Department. Mr. Lawson read a l~st~of~lots prepared by Chief Gregory which should be cleaned in accordance with Ordinance G-147. The City Manager was instructed to prepare the necessary reso- luti on. The Council discussed the advantages of using a rotary mower for lot clearing and Mr. Lawson was instructed to check the safe~ of such equipment. Mayor Strong announced that an invitation had been received from Lake Worth for Delray Beach to attend a meeting August 24 at 7:30 P.M. to hear Df. John I. Leonard speak on Palm Beach Junior College. She also read a letter from the Legislative Council Committee on Roads stating a public hearing was to be held in Miami September 16 to discuss roads. The City Manager was authorized to attend the hearing. Discussion was held regarding the delay of a report which was to have been received frc~ the Florida Ins~tute of Certified Public Accountants on their investigation of past audits. Mayor Strong stated the City Attorney had written several letters asking for the report and she felt the public was 'entitled to know the details of the informal meeting which was held in April with Council members and the FICPA. The City Attorney was instructed to contact Mr. Robert L. Altemus, president of the association to determine w~en they will meet again and whether or not they will submit a written report · Mrs. Woehle stated she had noticed "No parking" signs on the property adjacent to the colored beach property in-Palm Beach 3hores Acres. Mayor Strong advised that the signs on the City of Delray Beach-owred property had been movede The City C~erk was instructed to obtain the approval of Mr. Joe Rose, form~ Chairman of the Golf Course Commit tee, of a bill from Mike Blank Nurseries in the amount of'$80.00 covering the removal and transfer of cocoanut trees, in March. Mrs. Woehle stated that none of the present members of the committee were willing to· approve payment of the bill and she felt some action should be taken. The meeting then adjourned. APPROVED: AT TEST: