10-10-51 October 10,1951
An adjourned session of the regular M~eting of the City Council
of the City of Delray Beach was held in the Council Chambers et 7:30
P.M. with Mayor Walter A. Roth in the Chair, and City Attorney Nail
E. MacMillan,City Manager Robert Lovelqce, and the following Councilmen
present: R. J. Holland, W. A. Jacobs, John N. Kabler, and W. C.
M~sgrave, a quorum being present.
The minutes of the meeting held September 24th. nad 28th. were
approveA as written.
A p~tition filed by Mr. R.A.D'Avino, Architect, requesting the
City to enforce a State ~aw which requires that plans for all buildings
costing over $ 10,000.00 must be prepared by a licinsed Architect, with
certain exceptions, by refusing to issue a building permit unless this
law has been complied with, was read as
PETITION REGARDING VIOLATION OF STATE LAW
CONCERNING BUILDING PLANS AND ARCHITECTS
TO THE HONORABLE CITY COUNCIL OF DELRAY BEACH, FLORIDA:
Comes now the petitioner, R. A. D'Avino, architect, and shows:
1. The City of Delray Beach, through the Building Inspector,
has on numerous occasions within the last few years violated of
participated in the Violation of F.S. '41,467.09, in that the
City has permitted the Building Inspector to issue Building permtt~
which have as their basis prepared by persons othe.~ than architects
and in violation of the Florida Statutes, namely, F.S. '41,467.09.
The law on the subject is briefed as follows:" Any person .who is
engaged in the planning or design or erection, enlargement or
alteration of buildings for others or furnishing architectural
supervision of the construction thereof shall be deemed to be
practicing architecture" and architects are required to comply
with and conform to the provisions and requirements of F.S. '41,
Chapter 467. Exceptions are outlined in FiS. '41,467.09~
A. Any person can plan and supervise his own building.
B~' Any person can plan and supervise buildings on farms
for~ use of any farmer irrespective of cost.
C. Any person can plan and supervise any one- or two-
family residence building costing less than $10,000.00
D. Any person can plan and supervise any domestic out
building appertaining to any one- or twa-family residence regardless
of coSt.
E. Any person can plan and supervise any type building
costing less than $5000.00 (except schools, auditoriums or other
buildings intended for the mass assemblance of people).
Petitioner shows that the City of Delray Beach is a
municipality, and as such, is an arm of the Government of the
·tata of Florida and exists solely by reason of the authority
arising ou~ of the laws of the State of Florida. As such it is ·
co,.tended that the City cannot reasonably ignore the provisions
of ~he laws of our state, more specifieally above stated.
2. It is further contended that though the City is not an
October 10,1951
enforcing agency of the State of Florida, it cannot reasonably be said
that any provision of the laws of the State of Florida can be, in good
faith, ignored. It is ~ointed out that the Florida law in effect forbids
the issuance of building permits which primarily are based upon the plans
and specifications .submitted to the Building Inspector's office, which
upon examination and application of reasonable inquiry, are in violation
of the above quoted law.
3. Petitioner would further point out that there ia an enforcing
provision of the above law which provides that any person violating any part
of Chapter 467, Florida Statutes '41, shall be found guilty of a misdemeanor
( which is a crime against the State of Florida and as such, can be
construed to be a crime against the City of Delray Beach). By strict
application, it may be shown that the City of Delray Beach, if it is not in
direct vi&lation of the provisions of said law as stated, may be construed
to be knowingly permitting the Commission of a misdemeanor.
Petitioner points out all of the features of the law above indicated
in order to show the reasonableness of petitioners, request. Petitioner shows
that after examination of the public records, as evidenced by the Building
Inspector's office, that approximately $186,000.00 of the buildings erected
in the City of Delray Beach, Florida within the last month for which
building permits have been issued the owners thereof have used plans and
specifications prepared by some person other than an architect as defined
in the above quoted law. Therefore, it is earnestly requested that a
committee be appointed to check into the facts herein stated, and if it
is felt that said committee is not needed to determine the facts as they
exist, it is requested that some directive be given the Building Inspectors
office requiring said Building Inspector to issue building permits only
upon plans and specifications which first comply with the provisions of
Florida Statutes '41, 46?.09; second, which comply with the Building
Code of the City of Delray Beach.
4. Petitioner further shows that no ordinance or resolution is
necessary for the City Council to take this action. Petitioner only
requests that the City comply with the State law which already requires
the above outlined provision to be complied with. Your immediate
attention to this matter will be greatly appreciated.
R. A. D'Avino, Petitioner
Nowlin & Adams
Attorneys for Petitioner
October 10,1951
A le.~al opinion of the City Attorney, pertaining to this request
was then read ..
LEGAL OPINION
QUESTION.. Is it a duty on the part of the Building Inspector to
inquire into the Qualifications of the persons preparing the
plans and specifications submitted to him for building permit?
OPINION: Chapter 467 of Florida Statutes of 1941 concerns the
definition and regulation of the practice of Architecture. In
defining who is an architect the following services (by making
plans and specifications or supervising the building thereof)
ma~ be rendered to another and not constitute architecture .'
1. Any farm building regardless of cost.
2. Any one or two family dwelling costing less than
$ 10,000.00.
3. Any domestic outbuilding, regardless of cost.
4. Any building costing less than $5000.00 (except schools,
auditoriums, or other buildings intended for mass
assemblage).
The Chapter does not make it a c~ime for the owner to build any
building without a Registered Architect, nor does it prohibit the
issuance of a building permit to an applicant who has not secured
the services of a Registered Architect.
It is my opinion that it is not the duty of the City to
police the practice of architecture, or any other profession oS
occupation when not so required by State Law or City Ordinances.
In ~e event a person is violating the practice of architecture
in the City of Delray Beach the remedy for the complainant would
be in the Cr~m~al Court of Palm Beach County as a violation of
State Law.
As long as the plans and specifications submitted to the
Building Inspector meet building and soning requirements, in my
opinion there is no duty on the p~rt of the Building Inspector
to investigate who drew them or whether or not they were prepared
by a Registered Architect.
After consideration of the above facts, and the opinion of the City
Attorney, a motion was made by Councilman Musgrave~ and seconded by
Counc~m-n Kabler, that the petition he denied. Upon call of roll the
motion carried unanimously.
A letter from Mr. Fred Bee?er , Chairm-n of the Beach Committee
of the Chamber of Commerce, outlining improvements needed on the
public Beach, at a total estimated cost of $ 597.00, was presented
by the City Manager and read as follows..
October 10.1951
Delray Beach Chamber of Commerce
Board of Directors
Delray Beach, Florida
Gentlemen:
After careftll survey, I have found that the following work is necessary
to put ~the beach in A-1 condition for the forthcoming season:
450' of 1O water main is needed to go into the 6" water main on the
North end of the beach, thus giving equal distribution of pressure.
~o showers are needed on the north end of the beach and four
additional showers are required at the South emd and each shower needs
a platform. Some of the shoWers have'to be rep.aired due to mistreatment
and due to some sections being broken. The shoWers need some bracing
on them. Some of thh platforms and steps are in need of repair. Two
additional float lines are needed, one on each side of the pavillion.
Also, more palm trees are needed. People have donated these in the
and they have been transplanted by the City for the sum of $11.00 each-
the City famished laborers, trucks, etc.
The complete breakdown for the above is as follows:
Approximate labor for extending 1O water main to
the 6" water main at the north end of the
beach ...... - ............ $100,00
Cost of six showers ..... 200.00
Reapiring present showers .... 30'00
Bracing for showers ------------- 100.OO
~ float bonds ...... - 35.00
12 Palm trees ........
TOTAL COST I~R ABOVE IMPROVE~TS--$
I will be pleased to go over each item in detail, if you so desire
further information.
Respectfu~ly~
Fred Beever, Chairman
Beach Committee
Mr. Lovelace explained that he considered the suggested improvements
necessary, although he believed the cost would be nearer $ 10OO.00. He
recommended that the improvements be approved.
Upon motion of Councilman Kabler, seconded by Councilman Holland,
and unanimously carried, the above recommendation of the City Manager
was accepted.
City Manager Lovelace advised the Council that the contract
with the Club House Manager and pro at the Municipal Golf Club had expired
on Oct. 1st. and that a new contract had been prepared, whereby Mr. Allen
W. Stewart would maintain the Club House, employ all help nece~lary in
October 10,1951
the ~lub House, and receive all proceeds from concessions during
regular hours; the City to receive all Green ~ees and Membership dues.
This Contract had been approved by the Golf Committee.
Upon motion of Councilman Holland, seconded by Councilm~-
Kabler, and unanimously carried, the Mayor and City Clerk were
authorized to execute this contract with Mr. Stewart on behalf of
the City, for a period of one year commencing October lst,1951.
The Clerk then presented proof of publication of Notice to ~he
Public calling a hearing for objections to the installation of a
sewer to drain the west end of Nassau Street, which was spread upon
the minutes as follows:
Objections were asked for, but none were filed, whereupon the
following resolution was introduced:
October 10,1951
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, INSTRUCTING THE CITY
MANAGER TO PROCM~ WITH .'THE INSTALLATION OF
A STORM SEWER FROM A POINT ON NASSAU STREET
266' WEST OF GLEASON STREET, THENCE SOUTHERLY
THROUGH PRIVATE PROPERTY TO INTERCEPT EXISTING
SEWER ON' SHULSON STREET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did on the 24th. day of September, 1951, determine the necessity to
make a certain public improvement bF the installation of a storm sewer,
together with necessary catch basins, on Nassau Street, and
WHEREAS, the Resolution providing therefor has been duly published
as required by the City Charter, together with a notice that objections
to said improvement would be heard on this date, and
WHEREAS, no objections have been made to such proposed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Oity of
Delray Beach, Florida, that the City Manager be, and he is hereby instructed
to prOceed with the installation of a storm sewer, according to plans and
specifications heretofore filed with the City Manager, and kept open for
the inspection of the public.
PASSED in Regular Session on this the 10th. day of October,
A. D., 1951.
City Clerk
Upon motion of Councilman Kabler, seconded by Councilman Jacobs,
and unanimously carried, the foregoing resolution No. 818 was passed and
adopted as read.
A method of arriving at personal Property assessments on Household
Goods and Personal Effects, as prepared by the Tax Assessor, was presented
and read as follows:
TANGIBLE PERSONAL PROPERTY ASSESSMENT
TO - CITY MANAGER
CITY COUNCIL
The task of determining, as of a certain day, the value of Household
October 10,1951
Goods and Personal Effects in an extremely complicated and difficult
one. Ordinarily there are three steps which should be taken in the
assessing of Tangible Personal Property namely- Location, Recording and
Valuation. As this office is not able to effect a physical determination
of Tangible Personal Property, there only remains one method of assessment
considered fair and Just to all. This method has pro~en satisfactory
in other localities, and is as follows:
The procedure of this method incorporates the scrutiny of the City
Directory, Telephone Directory and a very careful study of the Tax Roll
itself, inasmuch as the Tax Roll reflects the to~al assessment including
the value of the improvements thereon, which, in turn, reflects, to an
appreciable degree, the tangible personal property therein, but not
including personal effects. ~or example, the Tax Roll might show an
assessment of $15,000.00, of which amount $12,500.00 c~uld be chargeable
to improvements, the balance being land value. It is therefore most
imperative that this point be not overlooked when us/_~g this method in
arriving at the value of the contents of the building.
Between January 1st and April 1st of each year, we would endeaver
to make personal surveys of all apartments and rental buildings, location
being aided through the use of the City Directory, checking the listings
therein against the Real Estate Tax Roi1. This serves two purposes -
first, to secure the name of the occupant and the amount of household
goods and equipment owned by the tenant, and second, to detur~ine the
amount of household furniture and equipment furnished by the apartment
or rental unit owner.
A Tangible Personal Property Return form is, of course, to be
mailed to. all believed %o be subject to tangible personal property
taxation, and all declarations received in this office would be
given careful and full consideration if appearing to have been submitted
in accordance and compliance with the laws of the State of Florida
and in conformity with section 83 of the City Charter of Delray Beach, Fla.
Publications of articles in the local newspapers calling to the
attention of the people the importence of filing Tangible Personal
Property Tax Returns before April 1st is believed to be of paramount
importance and of mutual benefit to the Tax Payer and the Assessing
office.
For 1952 and thereafter until amended, and when NO PERSONAL
PROPERTY RETURN is filed, or a Declaration is made but detarmfned
to be neither fair ~or Just, approval is requested to ---
1. Effect an assessment for Personal Property Taxation in the
amount of 13% of the Building assessed Valuation.
2. Adoption of the attached "Household Goods Assessment Table."
ITEM 1 or 2, whichever may be approved by the City Council, would
be subject to adjustment when warranted due to abnormal circumstances.
Oct. 10,1951
~OUS~HOLD ~OODS ASSESSMENT TABLE
~OTAL VALUE
INCLUDING NORMAL B~II~DING FULL CASH
PLOT OF L~ND VALUE VALUE EXERTION ASSESS~T
$2~340 $2000 $ 500 $500 SNone
15% 2,940 2,500 580 500 80
for 3.540 3,000 600 500 ~i. I00
Land 4,000 · 3,500 [620 500 "120
4,700 4,000 700 500 200
5,280 4,500 760 500 260
5,880 5,000 820 500 320
6,880 5,50o 900 500 4oo
7,500 6,000 1,000 500 '500
8,120 6,500 1,100 500? 600
20% 8,750 7,000 1,200 500 700
for 9,380 7,500 1,300 500 800
Land 10,000 8,000 1,400 500 900
10,620 8,500 1,500 500 1,000
11,250 9,000 1,600 500 1,100
11,875 9,500 1,700 500 1,200
12,900 10,000 1,800 500 1,300
22 % 14,180 11,000 2,000 500 1,500
for 15,480 12,000 2,200 500 1,700
Land 16,860 13,000 2,400 500 1,900
18,660 14,000 2,600 500 2,100
20,000 15,0OO 2,800 500 2,300
21,340 16,000 3,000 500 2,500
22,660 17,000 3,200 500 2,700
24,000 18,000 3,400 500 2,900
25,340 19,000 3,600 500 3,100
26,660 20,000 3,800 500 3,300
28,000 21,000 4,000 500 3,500
29,340 22,000 4,200 500 3,700
30,660 23,000 4,400 500 , 3,900
32,000 24,000 4,600 500 4,100
33,340 25,000 4,800 500 4,300
34,660 26,000 5,000 500 4,500
36,000 27,000 5,200 500 4,700
25% 37,340 28,000 5,400 500 4,900
for 38,660 29,000 5,600 500 5,100
Band 40,000 30,000 5,800 500 5,300
42,660 32,000 6,200 500 5,700
45,340 34,000 6,600 500 6,100
48,000 36,000 7,000 500 6,500
50,660 38,000 7,400 500 6,900
53,340 40,000 7,800 500 7,300
56,000 42,000 8,200 500 7,700
58,660 44,000 8,600 500 8,100
61,340 46,000 9,000 500 8,500
64,000 48,000 9,400 500 8,900
66,660 50,000 9,800 500 9,300
73,340 55,000 10,800 500 10,300
October 10,1951
The City Manager explained ~hat this procedure is followed in
.. most Cities, and was recommended by the Tax Assessor after comparing
methods used by other Cities of this size. It was mainly to establish
a method of arriving at an assessment figure when no return is made,
but in each case an appeal would be possible, if contested by ~he
property owner.
After consideration, a motion was made by Councilm~n M~sgrave, and
seconded by Councilman Jacobs, that the foregoing schedule for assessing
personal property be adopted. Upon call of roll the motion carried
unanimously.
City Manager Lovelace advised the Council that funds in the
~ireman's Pension Fund, amounting to over $ 10,000.00, are on deposit
in the First National Bank, and drawing no interest. He recommended
that these funds be deposited in U. S. Covernment ~onds, or in
some way in which they will earn interest, which will accrue to this
~And, and suggested the deposit of $ 10,O00.00 in the First Federal
Savings & Loan Association, which insures deposits up to this amount,
and pays 2~% interest.
Upon motion of Councilman Musgrave, seconded by Councilman Kabler,
and unanimously carried, transfer of $ 10,000.O0 from this account
to the ~irst Federal Savings & Loan Association was authorized.
Councilman Jacobs then discussed the provisions of the Civil
Service Act. He explained that the Act had been approved by the
Legislature in 1949, and ratified at a special election. This act
provided ~hat all employees subject to this law would become permanent
employees by reason of their service. One employee had recently been
discharged on the basis of abolishing her position, ,which he claimed
was done only to get rid of this employee. He contended that all ,
employees now felt uncertain of their Jobs, and zsked that from
now on no employee's position be Jeopardized as long as he performs ~
his duty. Mr. ~acobs also stated that the Mayor informed him
that the Council had given the City Manager absolute power in regard
to these matters, and they would back him up, but he had not been
aware of this and would not have consented to it. The Council can
not instruct the City Manager to do something which is not in keeping
with the law, he stated. Mr. Jacobs also pointed out that an
employee had recently been employed without passing am examination,
and insisted that every employee be given an examination in the future,
so that after six months they will become bona fide employees of
the City, as the Civil Service Act provides.
City Manager Lovelace replied that a position had to be filled
quickly and he had been advised by the Council Service Board that
if he found anyone he believed qualified, he should employ him.
He ~ur~her stated that ~' kne~ Mr~.~E~ng~was eligible for a
position she could fill, but ~aat she was employed elsewhere.
She had not been notified personally of this opening, although
there had been an ad in the newspaper.
After further discussion, the Council agreed that all provisions
of the Civil Service Act should be complied with, and that
seniority should always be considered, also that no positions would
be abolished without the knowledge of the City Council.
October 10,1951
The following letter from Mrs. Geo. D. Cornell, requesting the paving
of N.W. 2nd. Ave., between 9th. and 10th streets, was reads
Sept. 27,1951
City of Delray Beach
Delray Beach, l~la.
Gentlemen:
We have recently completed construction of a residence on Northwest
SeCond Avenue, between ninth and tenth Streets. We are ~?~ced with a
considerable dust problem because that street is unpaved. Nearly
a year ago, when constructio~ was first started, we wrote to your
office requesting that you give this mat~er your consideration, and
received a reply from Mr. Black that our application would be put on
the agenda and be brought before the City Council for Action.
The other day we spoke to Mr. John Moore, City Attorney, who investigated
and reported that our correspondence was not on file and that
action had been taken.
We are willing to pay our share of the paving cost, which will be half,
upon completion of the project.
As we will be moving in, within a month or two, we would appreciate
your immediate attention to this matter.
For the next two or three d,ys we will be at Flagler Apartments;
After that, Central Valley, Orange County, New York.
Yours truly,
~arriet ~. Cornell
(Mrs. Geo.D. 0ornell)
As such improvement would have~ to ta~e its place on the priority list,
as ~tem NO. ?, a motion was made by Councilman Kabler that the City
Manager explain the use of our Revolving Improvement Fund to Mrs. Cornell,
and suggest that she and other property owners who would be affected, hire
their own contractor to do the work under City specifications. ~he motion
w~s seconded by Councilman Masgrave, and upon call of roll ca~ied
unanimously.
An application for a gratis occupational license, filed by Mr.
Helland w~s read as follows ~
?.O.Bex 708
Delray Beach, Fla.
September 13,1951
Mr. R. D. Worthing
Tax Assessor
Delray ~each, Fla.
Dear Mr. Worthing:
I am making application for a gratis occupational license.
I am over sixty five years of age and a Spanish American
O~tober 10,1951
War Veteran.
If there are any further requirements, please advise.
Very Truly yours,
O. Helland
Mr. Lovelace explained that this had been considered at a preWious
meeting, and action had been deferred until a decision had been made by
the Municipal Judge on this case which Mr. Holland had contested last
year when refused a fratis license.
The decision of Judge Gringle was then read, as follows:
IN THE MUNICIPAL COURT
O~ TH~ CITY OF DELRAY BEACH FLORIDA
NO:
CItY OF DELRAY BEACH, )
Plaintiff )
va: )
0 .HELL&ND, ) OPINION
Defendant )
The above case came before this 0curt after an Affidavit and
Warrant was issued and served on Defendant on January 24, A.D.1951.
The Affidavit stated that the Defendant had failed to pay his
occupational tax to the ~ity of Delray Beach, Florida, which became
due on October 1,1950. Attorneys appeared for both parties and there
was an agreed set of facts which included the following:
1. The Defendant had applied to the City Council for exemption
and exemntion was refused.
2. ~efendant was a Spanish American War Veteran and was over
the age of 65 years.
3. Defendant is the operator of a tourist court within the City
limits of Delray Beach.
4. The City of Delray Beach was willing to issue a license upon
the payment of the license tax.
The merits of the case were fully argued in open Court and the
attorney for the Defendant filed a Motion to QUASH AFFIDAVIT AND
WARRANT. On September 28,1951. the Court made the following decision:
1. The City ordinance must be presumed by this court to be valid.
2. This Court is without jurisdiction to review the action of
the City Council.
3. City has no objection to issuing of the license so further
remedy here is by levy and injunction, not fines or imprisonment.
See F.S.A. 20510 - Method of collection of delinquent license taxes.
Also see F.S.A. 167.143, also see F.S.A. 167.43 for Right of City
to impose and collect Saxes.
4. Motion to Quash Affidavit and Warrant is granted.
5. Defendant is liable for the p~yment of the occupational
license tax in the amount of Ten dollars (10.00) but since the suit
was brought in good faith, no penalty will be levied.
6. Defendant is assessed Five dollars ($5.00) Cour~ costs.
Paul E. Grin~le .
Judge
October 10,1951
City Attorney MacMillan advised the Council that under Florida Statute,
if any War Veteran can prove disability of 10% or more, or by an affidavit
from a Doctor or a service organization he can prove that he is unable
to do manual labor, the Manicipality may not levy an occupational license
tax against him, up to a maximum of $50.00. In his opinion, Mr. MacMillan
stated, if Mr. Helland can prove he is disabled, that Statu~e would
prevent the City from requiring a license from him. Under City Ordinance
No. ~-90~ the Council has retained the discretion of approval of an
e~emption to a person over 65 years of age, the intention of the Council
being to allow this exemption only in cases of hardship.
After consideration, a motion was made by Councilman Kabler, and
seconded by Councilman Holland, that the request of Mr. Helland for a
gratis license be denied, and that he be advised of the conditions under
which he can qualify under the State Statute. Upon call of roll the
motion carried, Councilman Holland, Kabler, ~sgrave, and Roth voting in
favor of the motion, and Councilman Jacobs voting against it.
Mr. Jacobs explained that exemptions had been allowed under
Ordinance No. G-90 in 1949, and had been denied the following year,
under the ame Ordinance, which is not reasonable.
A motion was then made by Councilman Kabler that the City Attorney
be instructed to ~edraft this Ordinance to set forth clearly that a
gratis license will be granted only in cases of hardship, as determined
by the City Council. The motion was seconded by Councilman Holland, and
upon call of roll carried, Councilman Holland, Kabler, Musgrave and Roth
voting in favor of the motion, and Councilman Jacobs opposing.
The procedure of clearing lots, as outlined by the City Manager
in his report to the Council had been ruled prohibitive by a legal
opinion from the City Attorney, Mr. Lovelace stated; and this
opinion was read as follows~
LEGAL OPINION
Ques ~ What is procedure on lot cleaning?
Ans.- ~F~mtnal Action: Article 11 Sec. 7 (13)(Charter) City may
compel abatement of nuisances and may require all lots kept clean
etc. Ordinance Chapter XIV Sec.ll et sequa; Provides three days notice
to oWner by Health Officer or Chief of Police to clean lot. If not
cleaned may be cleaned by and charged as costs in criminal case. Fine ~..
$500.00 and or six months.
~m~nistrative Action .' Article XX Sec. 177 Charter provides City
may clean weeds etc. and assess same against property under same
procedure as other street improvements ( Article XX Sec. 166 et sequa
which provides for levying of special assessments which would require
estimates, notices etc.) Sec.177 also p~ovides or City may issue
Certificate of Indebtness "in accordance with the provisions of the foregoing
section of this act with reference to other public improvements" The
"foregoing" sections of the charter as to certificates of indebtness
is most ambiguoss to me. I don't see where City is specifically authorized
to issue certificate of indebtness, although there are sections referring
to records for them etc.
In my opinion it would probably be more expeditious to proceed
Ootober 10,1951
under the criminal ordinance, particularly where the person is subject
to the jurisdiction of the city court. The time and expense involved
in the administrative procedure would not in my opinion warrant the
action. By the time the procedure had!Been~c~mptied ~rith there would
be another.crop of weeds.
Ques.' What is procedure for sidewal~ improvements?
Ans.' Article 11 Sec. ? (3) Charter grants city general powers to
improve among other things sidewalks, and to levy assessments.
Article 11 Sec. ? (19) City may require construction or repair of
sidewalks or city m,y repair same (apparently intended to say that
city could do it although omitted. ) Believe sidewalks also included
in Article ~X,~Sec. 166 et sequa under procedure for improvement of
streets etc. Sec. 170 would infer certificates of indebtness could
be issued but ~don' t see section authorizing it as did Sec. 155 in
old Charter. Article XX Sec. 176 provides City may be resolution or
ordinance require repair or build sidewalk. Procedure .. 1. Copy or resolution or ord. served on owner.
2. If non resident publish once each week for two weeks.
3. If not constructed or repaired city may do and charge
lien against property.
In my opinion probably the safest way to proceed would be the long
method same as any major improvement under Article XX Sec. 166 et sequa.
NOTE: Section 74 provides: No money shall be drawn from the Treasury
nor shall any obligation for the expenditure of money be incurred,
except pursuant to the budget appropriation.
Mr. Lovelace recommended that he try to have property owners
clear their lots themselves, ss the Charter does not give the City the
power to issue Certific res of Indebtedness, and the only other way
would be to declare an uncleared lot a public nuisance, and bring the
owner into Municipal Court. The Council agreed that this would be the
be~t way to try' and get unsightly lots cleared at the present time.
An application for license to sell liquor at 917, W. Atlantic Ave.,
filed by Lilli~n Anderson, was presented for approval of the Coumcil .
Mr. Worthtng, License Collector, advised that she had operated the
East Coast Gardens on N. W. 5th. Ave. for five years, that her police
record had been satisfactory, and that she would meet all other requirements
of the City, and of the State Hotel Commission.
upon motio$ o~ Councilman Musgrave, seconded by Councilman Holland
and unanimously carried, license was approved.
City Manager Lovelace then advised the Council that he had received
an application from a Mr. J.F.Kirkpatrick, who has been City engineer
of the City of Rolla, Missouri for fourteen years, for a position with
this City in such capacity.
Mr. Lovelace explained the need for a City Engineer in this City
as he is presently called upon to supervise such a number of City
functions that he can not do justice to any. As he himself is not an
Engineer, Mr. Lovelace felt that such a man could be given charge of
October 10,1951
sanita~ry and storm sewers, streets, water supply, etc., and would be
general overseer of all of those functions. He felt that his own
position as Manager should be centered around personnel management,
~o see that things are done rather than to do them. He s~ated that
he personally would like to interview this a~plic~nt, and to make
~urther inquiry abou~ him.
In further explaining the creation of a Utilities and Public Works
Department, Mr. Lovelace stated that in his opinion it would be a long
run econom~. Such an office would be expected to maintain zoning maps,
maps of the Water System, maps of streets and their conditions and types,
records of all wster conditions, fix street grades and sidewalk grades,
etc. The Engineer would draw all specifications, prepare contracts,,
notices for bids, etc., and with a capable man in charge, he felt the
City has the man power to undertake a sidewalk program as well as a street
program. Routine garbage and trash collection service ~ould also ~
improved with our present man power.
Councilman Musgrave c6ntended ~at this was not t~e time to employ
a City Engineer, that it should be studied out thoroughly, and possibly
considered in ne~t years budget. He believed that the Town as a whole is
economy minded aL the present time.
Councilman abler felt that the economy in such planning would be
saving money rather than spending more money: that the increase~ efficiency
in the Public Works Department would off-set the expense.
Councilman Holland was also in favor of the creation of this position.
He.believed that if presented to the public at a public meeting, and the
conditioms of these Departments explained, t~ere would be no objection.
Councilman Jacobs urged ~he Council to sell the public on it first,
stating that he th&ught this was not the time to consider such a suggestion.
Mayor Roth, however stated that if efficiency could be increased
through employing another man, he would be in favor of it.
After further consideration, a motion was made by Councilman Kabler
that the City Manager be authorized to proceed with his proposed
reorganization of the Public Works Department, and to keep the Council
posted as he proceeds. The motion was seconded by Councilman Holland, and
upon call of roll ~arried unanimously.
The following proposed salary schedule,prepared by the City
Manager, to be effective as of October 1st, 1951, was presented~
October 10,1951
City Manager Lovelace explained that this schedule was geared to a
five year pay plan which he would have ready by the next ~meeting, which
will provide for classification for each employee, with a salary range
for each classification with differentials an employee will be entitled
to ~ually upon approval of his Department Head and the City Manager.
It will make beginning salaries automatic, and a~nual raeses automatic,
if a person is entitled to it. It provides for recognition of seniority
and experience, the difficulty of aposition, prevailing wage rates in
the area, etc.
Mr. Lovelace further stated that the biggest percentage of increase
h~d been given to laborers. He had also considered the possibility of
Social Security for City Employees, which will require the City to pay
1½ % of all salaries into that Fund.
Upon motion of Councilman ~Asgrave, seconded by Councilman Jacobs, ~
and unanimously carried, the foregoing salary schedule, as recommended
by the City Manager, was adopted for the current year.
The City manager advised the Council of a condition existing in the
Municipal Court which requires a substitute Judge, to try the case of
Jack Gibson vs. the City of Delray Beach; as the partner of the Municipal
Judge is the attorney for the plaintiff in the case, and the assistant
Judge does not care to hear the case. Attorney Wm. L. Carpenter is willing
to hear this case, M~. Lovelace stated and recommended that he be appointed.
Upon motion of ouncilman Jacobs, seconded by Councilman Mssgrave,
and unanimously carried, the City Manager's recommendation was accepted.
Upon motion of Counc~m~n Kabler, seconded by Councilman Musgrave,
and unanimously carried, hills totaling $ 81,~49.58 were approved for
payment, subject to approval of the Finance Committee.
The City Manager advised the Council that he had met with the Golf
Committee and had learned that either more labor would be needed at the
Golf Course, or a tractor would be necessary. The Committee had felt
that a tractor would eliminate the need for two extra laborers, and
could handle all further work there without outside equipment.
A motion was made by Councilman Holland that the City Manager
be instructed to investigate f~rther as to the cost of a tractor, and
wh~t could be accomplished with it, and to report back to the Council
at its next regular meeting. The motion was seconded by Councilman Kabler
and carried unanimously.
Councilmen M~sgrave filed a request for street lights in Plumosa
Park Subdivisionm which consists of three streets between ~.E.2nd. Ave.
and the raitr~ad, and which have never been lighted.
The request was referred to the City Manager with instructions to
investigate the lighting situation in Plumosa Park, and make his recom-
mendation for lighting this area at the next meeting, upon motion of
Councilman Holland, seconded by Councilman Kabler, and unanimouAly
carried.
The meeting then adjourned.
City Clerk