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10-26-54 OCTOBER 26, 1954 A Regular Meeting of the City Council of t~e City of Delray Beach was held in the Council Chambers at 2:30 P.M. with Mayor Catherine E. Strong in the Chair, City Manager W. E. Lawson Jr., and the following Council members present: Glenn B. Sundy, Alma E. Woehle, and ~. Cottingham ~llen, a quorUm being present. An opening prayer was delivered by Dr. Arthur R. Charlesworth. C~ty Manager Lawson submitted a plat for the ~ucky Harris Subdivision of part of ~lock ~40 lying between Lowry Street and Atlantic Avenue. This subdivision would contain 14 apartment buildings, each 2-story 4-unit buildings. Plans call for in- dividual sale of each unit. ~Mr. Phillips, representing Bucky Harris, stated that at the present ~time they would desire mission to build three apartments (~2 units) on the waterway side of the area involved, said buildings to be of the garden type and landscaped differently. Mrs. Woehle made a motion that this be referred to the Planning Board. Motion was seconded by Mr. Sundy and unanimously carrie d. Councilman Allen moved that the Planning COard make an immediate return of this ~atter to permit the Council taking action thereon Thursday afternoon of this week. Motion seconded by Councilman Sundy and unanimously carried. Mr. Lawson submitted bids from three manufacturers o~ equip- ment for motor graders. After discussion with Mr. Chevalier, City Engineer, and Mr. W. J. Snow, Mayor Strong expressed a desire for re-advertising and the securing of additional bids on medium and heavy type equipment, gasoline dri~enand diesel powered. A motion was made by Councilman Sundy to reject the bids and re-advertise' Motion seconded by Councilman Allen and unanimously carried. Councilman Sundy moved to accept the low bid on a Harley- Davidson motorcycle in the sum of ~1,998.75. Motion seconded by Councilman Allen and unanimously carried. Bids were received on a 1954 model automobile from three companies. ~The City Manager requeated the same be held in abeyance allowing him to re-advertise for the 1955 model, which the Council authorized him to do. Dohe rty-Snyder ~ 2,095 · 00 Pontiac Adams Chevrolet 1,675.00 Chevrolet Earl Wallace F~ord 1,599.00 Ford Chamber of Commerce Chairman Mr. W.J. Snow's letter per- taining to NE 7th Court being abandoned to permit possible site for a Chamber of Commerce building to be constructed was read. Councilman Allen recommended placing this matter in the hands of the Planning Board for their study and recommendation. Motion was seconded by Councilman Sundy. Mayor Strong, Council- men Sundy and A~len voted in favor of the motion and Mrs. Woehle was opposed. The report from the Florida Institute of Certified Public Accountants was read and discussed,. · (~ctober 14, 1954 ~r. Nell C. MacMillan, Attorney' City of ~elray Beach Delray Beach, Florida Dear Mr. MacMillan: This is to advise that your letter dated August 3 containing 1 175 OCTOBER 26, 1954 a formal request that a written report be submitted relative to a previous review of certain audits of the books of the City of Delray Beach, has been considered by the Executive Comnmittee of the Flori~da Institute of Certified Publi~ Accountants. At the same time the City's request was considered, various local news accounts were also studied. It is the Judgment of our Executive Committee that con- sidered clarification is in order and necessary if the responsi- bility of the committee made available to your City is to be properly interpreted for the benefit of your local citizens. For this reason, we submit and ask that you release to the press and to the general public the following account of events which reflects our file on this matter, 'and should be substan- tiated in the records of the City of Delray Beach: 1. DUring the early part of February, 1954, the City Council of Delray Beach advertised for proposa, ls by CPAs to perform an audit of the audits for Delray Beach. CPAs in the vicinity were not receptive to this type of engagement. 2. On February 19, 1954, City Manager Robert Lovelace, called the office of the Florida Institute of Certified Public Accountants at Gainesvtlle and explained the City's problem. Mr. Lovelace was advised that if the City Council wished to make an official request of the Florida Institute of Certified Public Accountants, that such request would be duly considered by the h~xe- cutive Committee of the Florida Institute of Certified Public Accountants. 3. Under date of February 24, 1954, and over the signature of City Manager Lovelace, a letter was received by the Florida Institute of Certified Fublis Accountants. This letter stated in part: "Therefore, the Council has instructed the undersigned to request your honorable organization officially to undertake a survey according to the terms outlined by Mr. Beasley to the undersigned in a telephone conversation Friday Afternoon, February 19. That is, to appoint a committee of three members which would review our situation and advise the City Council of its best procedure." (Copy of entire letter attached. ) 4. On March 5 Mr. Clifford Beasley, ~Managtng Director of the Florida Institute of Certified Public Accountants, conferred in Delray Beach with Mr. ~ovelace ,and with City Attorney McMtllan. No commitment was made at that time but due to the pressure o~ business during the tax season, it was explained that under no circum- stances could a committee be made available until some time after ~Msrch 15. It was agreed that this would be acceptable. 5. At a meeting of the Executive Commi~ttee of the Florida' Institute of Certified Public Accountants on March 19, 1954, the request of the City of Del~ay Beach was ap- proved. 6. On April ~, 1954, Mr. Beasley met in Delray Beach with FLr. Worthing and with Mayor M. J. Strong. The purpose of this conference was to clarify for the new city officials the basis on which the Florida Institute of Certified Public accountants had agreed to assist the City. Following is an excerpt from a memo in the files of the Florida Insititute of Certified Public Accountants: "Mr. Worthing and Mayor Strong were advised that Messrs. 0cr0 26, 1954 H~gh Purvis, E. R. Sheldon, and Charles Gund hag been appointed to perform the review. They were further advised that tentative dates had been established by the cowrcittee for the week of April 19. "It :w~s further cIarified for Mr. Worthing and Mayor Strong that the work of the. committee would be strictly on the~basis of a review as to whether or not adequ~te accoun~ing Standards had been adhered to in the per- formance of the' audits and that in turn the committee would advise with the City Council as to its appraisal of ~r. Dunn-Rankin's work. It ~as pointed out further that the Council was not to expect an auditing job on the part of the committee but after proper review only technical advice and guidance in the ~nterest of assisting the City Council ascertain its present posi- tion with reference to the particular problem created as a result of the discovery of an embezzlement." (Copy of memo attached.) 7. The committee presented its report to the Executive Committee of the Florida Institute of Certified Public Accountants on June 3. In compliance with ~he Cit'y of Delray Beach's official request dated February 24, 1954, and in accordance with explanations made to Mayor Strong and Treasurer Worthing, the, Florida In~atute of Cer- tified Public Accountant's Executive Committee authorized Mr. Hugh Purvis, Chairman of the reviewing committee, to arrange an appointment with the City Couomil of Delray Beach, review the committee's findings, and to discuss in detail any matters on which the Council desires additional information. Mr. Purvis fulfilled this assign- ment when he met with the City Council on June 23, 1954. 8. A report to the President of the Florida Institute of Certified Public Accountants' by Mr. Purvis concernirg the above meeting states: "All present at the meeting concurred in tb~ suggestion that no report should be presented at thi s time excepting the City Attorney who wanted to have a report available for information and assistance in conduct of the trial of the City Treasurer who is charged with the defalcation. The trial is set in Palm Beach for Monday of next week. Therefore, I agreed to request the President of the Institute, who had all the signed copies, to forward a copy of the City Attorney." 9. Subsequent to the above meeting Mr. Purvts advised the then presidento of the Florida Institute of Certified Public Accountants of the City Attorney's request. Officers of the Florida Institute change July 1. The request was forwarded to the newly installed president. The trial was concluded July 1. Because of these circumstances the officers of the Florida Institute considered that this precluded the need for a written report. All other responsibilities of the Florida Institute of Certified Public Accountants through its special committee having been dischar, ged, the matter was considered closed. 10. During the latter part of July and during August news- paper reports have reflected the impression that the City Council had failed to receive the services origin- ally requested in its letter to the Florida Institute of Certified Public Accountants dated February 24. It is the opinion of the Florida Institute of Certified Public Accountants that the City Council will want to OCTCBER 26, 1954 clarify this~ matter to the complete understanding of all concerned. We are happy to attach herewith a copy of the special committee's report of its review of t~ audits on melray Beach for whatever official purpose the Council may wish to use same. Ass~ing you of our continued interest in assisting the City of Delray Beach in any way possible, and trusting that the Florida Institute of Certified Public ~ccountants will continue to enjoy your confidence, I am Sincerely yours, /s/ Robert M. ~ltemus Pre sid ent ~MA: sh cc: Members Oity Council of Delray Beach Councilman Sundy made a motion that the City Attorney forward a copy of this report to Mr. Dunn-Rankin and request his comment thereon. Motion was seconded by Mr. Allen and carried unanimously. The matter of engaging an auditing firm for the current fiscal year was discussed. The Cquncil decided to table this item of appointing an auditor for current fiscal year until a future meeting when there would be a full council in session. Application for a beer license of Mr. Charles Cobb for On and Off the premises consumption, to be exercised at the "Luckyburger", 525 No. Federal Highway, was recommended for approval upon motion of Councilman Allen, seconded by Mrs. Woehle and unanimously carried. Application of James R. Haywood Jr. for transfer of Beer and wine license #549 now held by Preston Wright, at Jones Inn, corner of West Atlantic Ave. and SW 5th Ave. Motion was made by Councilman Allen that t~ application be approved, seconded by Mrs. Woehle and unanimously carried. Second reading of Ordinance G-195 was made as follows: ORDINANCE OF THE CITY OF DEL~RAY BEACH, FLORIDA, REPEALING SECTION 54B OF CHAPTER XVII OF THE CITY CODE OF THE CITY OF DELRAY B~CH, FLORI~A, PERTAINING TO SPEED OF TRAINS. BE IT ORDAINED BY THE CITY cOuNCIL OF THE CITY OF L~LRAY BEACH, AS FOLLOWS: .3ect~on l: Section 54-B of Chapter XViI of the City Code of the City of Delray Beach, Florida, pertaining to speed o2 trains, be and the same is hereby repealed. PASSED in Regular Session on second and final reading on this 26th day of October, ~.D., 1954. A~TEST: /s/ R.D. Worthing City Clerk /s/ Catherine E. Strong Mayo r EEAL Motion was made by Mrs. Woehle that said ordinance be adopted. Motion was seconded by Councilman Allen. Mayor Strong, Councilman Allen and Mrs. Woehle voted in favor of the OCTOBER 26, 19~4 ordinance and Councilman Sundy opposed. ~ayor Strong requested a follow-up letter to the FEC Railway Company pertaining to the desire of the City Council forc rossing gates at NE 14th Street, at the same time advising them of the adoption of the above ordinance. Mr. Lawson read a resolution with regard to a parcel of land owned by the FEC Railway, proposed to be leased by the City of Delray Beach for the purpose of automobile parki~ facility. After h~ring City Engineer Chevalier comment upon the estimated cost of establishing this land for parking purposes, as well as his recommendation that same be paved if meters are to be installed, as proper marking would be a requisite, and any expense connected therewith would require a special appro- priation by the Council, a motion was made by Councilman Allen that the proposed Lease Agreement be accepted and executed. The motion was seconded by Mrs. Woehle and unanimously carried. Mr. Lawson read a report from the Planning ~oard in regard to the VFW obtaining permission to install baseball field facili- ties and provide for flood lighting on land now under lease from the city in the southeast section of the city, wherein the Board recommended denial of the request. The Board suggested that negotiations be undertaken with the VFW for effecting use of that area just north of the tennis courts, for such facility. Mayor Strong requested that this matter be tabled until bhere is a full Council a~ailable for consideration of the pro.!ect. Mr. Lawson read a request from Mr. Archer, relative to the exchange of certain lands in the southwest section of the city. The Plann]~ng Board felt that such a tra~e would offer advantages by consolidating city-owned land in that area with a view, to its possible development as a, park for the use of residents in that section of the city, and recommended the request be granted~ Motion was made by Mrs. Woehle that the recommendation be denied with respect to the trading of certain lands. Mote. on was seconded by Councilman Sundy. Mayor Strong, Councilman Sundy and Mrs. Woehle voted in favor of the denial and Councilman Allen voted opposed. The Planning Board's report with regard to deviation setback request relative to the Seacrest Hotel ~roperty was read, wherein the Board recommended the request be denied unless further reason for granting the-deviation be presented to the Council. After discussing the minor effedt of this deviation request, Councilman Sundy moved the deviation in setback regulations be granted the Seacre st Hotel. Motion was seconded by Mrs. Woe~zle and unanimously carried. Mr. Lawson repdrted that the Thomas J. Edwards subdivision water supply layout was approved-by the Planning Board. Motion was made by Mrs. Woehle that the Council accept their recommendation and approve the plat. Motion was seconded by Mr. Sundy and unanimously carried. Motion was made by Counc~ilman Sundy that bills in the amount of ~21,248.13 be approved. Motion was seconded by Councilman Allen and unanimously carried. A proposal of Glenn-Moore-Hertz to purchase Lot. 7, Block 87, was .hear,d,, this Lot 7, being owned by the City of Delray Beach. The Council declined to favor the sale of this land but suggested that Mr. Hertz might propose a short-term lease if his company favored such a plan. OCTOBER 26, 1954 The Plumbing Board's recommendation that James Priest be appointed to the Board to fill the Master Plum~er vacancy left by V. A. Genton's resignation was accepted. Motion was made by Councilman Sundy that the zecommendation be accepted and appointment effected. Beconded by Mr. Allen and unanimously carried. The City Clerk suggested that a date be established for the cremation of the 1950 Issue of Special Tax Revenue Certifi- cates (~42,000.00) together with all coupons related thereto, which issue has been retired in its entirety. Councilman Sundy moved that same be cremated following the next Council meeting to be. held November 9, 1954. Motion was seconded by Councilman Allen and unanimously carried. Mr. Lawson re~orted that he has received the report from the Swimming Pool Uommittee but that he was awaiting the reports from all other committees in order to submit a consolidated report thereof to the Council. Mrs. Woehle stated that inasmuch as NE 2nd Avenue paving project by the County was ending at NE 2nd St. she felt that it would be advantageous to install curbing between 2nd and 3rd Streets, on the east side of 2nd Ave., in order to avoid drain- age difficulties at the new A & P 8tore. Mr. Lawson advised that he would contac~ the land o~ers involved regarding poe slble installation of such cur~ing. The ~ity Manager was instructed to secure a survey and plat for the colored cemetery as the Mayor was most desirous of main- taining records thereof, which have been neglected for the past 25 years. Mayor Strong expressed her desire that any possible future action be taken to obtain r~ht-of-way in order that NW 7th Ave. proposed and needed street might be created. Mayor Strong suggested that a change of ordinance governing zoning changes permitting same to be made the year a~ound, rather than December through April as heretofore, and the matter was referred to the Planning Board for consideration. Mayor Btrong also recommended a change in ordinance governing time limit for filing applications for Councilman which ordinance now reads, in effedt, midnight of the last day for filing, whereas the Mayor's reco~nendation is that such filing time should be confined to the City Hall working hours, with a possible limita- tion of 5:00 of 6:00 P.M. The city Clerk read a proposed resolution pertaining to possible sharing, with municipalities, of the gasoline tax. Councilman Allen moved that the resolution be adopted which was~ read as follows: SOL ION NO. 935 A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, IN PAEM BEACH COUNTY, FLORIDA CONCERNING DIVISION OF A PART OF SASOLINE TAX FOR MUNICIPAL PURPOSES WHEREAS, the City of Delray Bead,,in Palm Beach County, Florida, in common with many small towns throughout the State, is faced with the problem of providim~ municipal benefits, such as street improvement, street repairs, fire protection, police protection and others, with adequate income; and WHEREAS, there are many small homes in Delray Beach, and in other similar communities, whose owners are in some cases par- tially, and in many cases wholly exempt from the payment of any 1954 . taxes, due to homestead exemption; and WHEREAS, therefore, part of the financial difficulties of the small towns aforesaid is due to the lack of taxing power on homestead property; and WHEREAS, all automobiles use the public streets' of the municipalities, whether such cars Oe locally osned or transient cars; and such streets have to be maintained for the use of all cars; and WHEREAS, all cars pay the tax on gasoline; and some of the ga~ line tax could and ought ~o be used in repairing the streets such cars wSar out, ~ therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLORIDA: Section 1. That the City Council does hereby go on reco~d as favoring legislation at the coming session of the Florida Legislature, which would allocate to the various municipalities of the State a fixed portion of the gasoline tax (perhaps one cent per gallon) the same to be used by the municipalities for the purpose of maintainSng, repairing and constructing streets within such municipa~litiy. Section 2. That a copy of this resolution be sent to the Flo'rida League of Municipalities, the Palm Beach County Legis- lative Delegation ar~ the Palm Beach County Comission. Section 3. That copies of this Resolution be furnished to such other municipalities as may be determined, PASSED AND ADOPTED this 26th day of October A.D., 1954. /s/ Catherine E. Strong Mayor /s/ Glenn B. Sundy Alma K. Woehle W. Cottingham Allen Me~ers o~ Council ADOPTED: October 26 1954 /s/ ~.D. Worthing City C lark The motion to adop~t the foregoing resolution was seconded by Mrs. Woehle and unanimously carried. The meeting then adjourned. APPRO VED~