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04-05-49SpMtg104 ~PRIL 5TH, 1949 A SPecial Meetinf of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P. M. for discussion of changes to be made in the proposed City Charter before final approval by the Council, with Mayor J. L. Saunders in the Chair, and City Manager Charles E. Black, City Attorney John Moore, and the following Councilmen present: L. H. Brannon, John N. Kabler, Nell E. MacMillan and Halter A. Roth, a quorum being present. Attorney J. H. Adams and Mr. H. L. Link, members of the Charter Committee, were also present to go over necessary changes with the Council. Minutes of the open meeting held by the Property Owners Protective Assoc- iation on March 24th, were presented and ordered filed with the data concerning this meeting. The following Resolution adopted by the Board of Directors of the Delray Beach Property Owners PrOtective Association with reference to ~roposed Civil Service and Pension System Acts for the benefit of City employees, was read as follows: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DELP~AY BEACH PROPERTY OWNERS PROTECTIVE ASSOCIATION. WHEREAS a Proposal has been made at an open meeting of the Delray Beach Property Owners Protective Association held on ~zrch 24, 1949, that a provision be added to the proposed new City Charter providing for Civil Service for City employees and for a pension plan for such employees, and WHEREAS the Directors of the Delray Beach Property Owners Protective Association have considered the advisability of inserting such proposition in the proposed new City Charter, WHEREAS the Directors of the Delray Beach Property Owners Protective Assoc- iation are of the opinion that there is not enough time for such a provision to be adequately worked out and the public properly informed of the same, NOW, Therefore, be it Resolved by the Board of Directors of the Delray Beach Property Owners Protective Association that we recommend to the City Council of the City of Delray Beach, Florida, that such~ proposal for civil service and pension not be incorporated in the proposed new City Charter. PASSED in Special Session on this the 28 day of March. BOARD OF DIRECTORS OF THE D~UI~AY BEACH PROPERTY OWNERS PROTECTIVE ASSOCIATION By: (Si~ned) M. M. DeWitt. Chairman Attest: (Signed) Dorothy Day Mitchell Secretary" APRIL 5TH. 1949 A letter from the Chamber of Commerce, suggesting certain revisions in the proposed Charter, was then read by the Mayor, as follows: "March 31, 1949 The City Council City of Delray Beach Florida Gentlemen: We, the Board of Directors of the Chamber of Commerce, have reviewed the new City Charter and, after considerable discussion, strongly urge the following re- visions in the Charter before it is sent to the State Legislature for enactment: (a) Section 82, Article XVI, provides for authorization to the City Council to levy a special tax annually, not to exceed one mill, for the purpose of making donations or contributions for adver- tising,' publicity and other similar municipal purposes. It cannot now be determined what funds may or may not be needed by the present or any future Council and it is unsound to attempt to draw up restrictions that may hamper Councils in their efforts to enhance the welfare of Delray Beach. We also feel that such a restriction would be unfavorable to the business people of all categories in this community and we would oppose the adoption of a Charter with such a restrictive provision included. (b) Section 12, Article II of the New City Charter provides for a City Council of five members. We recommend instead that the Charter be changed to provide for a Seven-Man City Council. This will lessen the extent to which small groups might attempt to bring pressure or individual members of the Council. Also, greater balance will be achieved in that a wider range of opinion and expression will be made availabe in the enactment of Legislature. It would also then require the presence of at least four elected o~icials to transact City business. (c) Regarding the proposed amendment to the Charter which provides for Civil Service protection and a pension plan for City em- ployees, we approve a suitable protection and pension plan, but recommend to the City Council that such a plan not be included in the City Charter at this time, but be held for more consider- ation by a Special Committee to be appointed by the City Council. This Committee's recommendation then should be considered for addition to the Charter in the form of an amendment or Ordinance, as soon as possible. RespectfUlly submitted, Board of Direstors Delray Beach Chamber of Commerce By: (Si~ned) H. L. Hively HLH:A H.L. Hively~ President" APRIL 5TH, 1949 Referring to the first paragraph of the above letter, Mr. Link explained -'-" that the Committee had intended to set up a figure that would take care of donations, but also prevent any organization from putting too much pressure on the Council; that would establishl, a limit which could not be exceeded. About $ 13,500.00 would be provided by a one mill levy, and as the tax roll increased by growth of the City, this fund would increase in proportion., Mr. Link stated. Councilman Br_~_~uon urged that the levy be raised to i 1/2 mills, to pro- vide a fund of approximately $ 20,000.00 to be used for donations and purposes not included in the operation of the City, as well as ordinary emergencies and possible storm damages. Mayor Saunders suggested that this section be left as written, a levy of one mill for donation, advertising or publicity purposes; and that a fund for beach restoration or emergencies be set up by this Charter. Councilman Kabler favored a larger fund, and suggested a two mill levy. He stated that the Council was now drawing a Charter for at least ten years in the future, and he believed this restriction might hamper a Council in carrying out its policy to develop the City. A certain guard is a good thing, in his opinion, but to restrict a Council to this extent would be a fault for future planning. Councilman Roth was also of the opinion that a higher levy was needed, possibly for assistance to the establishment of industries in the Town. He also urged the Council to provide for future publicity programs, realizing the resttlts obtained from advertising during the past winter season. Councilman MacMillan recommended a compromise of i 1/2 mills. A motion was then made by Councilman Brannon that the levy for donations , advertisiug and publicity programs he set at 1 1/2 mills. Councilman MacMillan seconded the motion, which was unanimously carried. The second revision recommended by the Chamber of Commerce, that the Charter provide for a seven-man Council, was considered, it being the consensus of opinion of.the Council-~that nothing would be gained by a larger Council, where- as it might hamper its functioning. A motion was made by Councilman Brannon, seconded by Councilman MacMillan, that Section 12, of Article II of the proposed Charter be approved as written, and upon call of roll the motion carried unanimously. The recommendation of the Chamber of Commerce that proposed amendments to the Charter to provide for Civil Service protection and a Pension System for City employees, not be included in the Charter at this time was then considered. Councilman Brannon explained that he had prepared two separate Acts to be submitted to the Legislature, not as amendments to the Charter, but to he voted on at the same referendum election, each to stand on its own merits. Upon motion of Councilman MacMillan, seconded by Councilman Brannon, unan- imously carried, these proposed Civil Service and Pension System Bills, as amend- ments to the Charter, were tabled at this time. The objec~m of Catherine Strong, as to a member of the Council being elected from the Beach area, was then discussed. It was explained by Councilman Kabler that at the time the Town of Delray and the Beach section was consolidated, it was understood that one member of the Council woul~/fr~ the beach area. This was only a verbal agreement, and he felt it would be hard to incorporate in the Charter. He believed that the City as a whole would always support a candidate from the Beach, but a provision as set up in this Charter would be a democratic move in his opinion. ' ~RiL 5TH, 1949 The possibility of dividing the entire City in Wards, two west of the Canal and one east of the Canal, with one Councilman elected from each Ward, and two elected from the City at large, was discussed, $ut not considered favorably. Mr. W. J. Johnston addressed the Council with reference to problems of res- idents on the Beach, such as lack of fire protection, blocking of traffic to the Beach by the Atlantic Avenue Bridge, etc., contending that while the Beach section was a minority group as to voting power, they contributed about one-third of the C~ ty's revenue from taxation, and he felt they were entitled to some consideration. He believed that people who owned homes on the Beach would feel a sense of security if they had a representative on the Council to safe$,~d their interest while they were away during the summer. Councilman Brannon then moved that this objection be tabled, and that Section 133, Article XIX be approved as writ%eh. There was no second to the motion. A motion was made by Councilman MacMillan, seconded by Councilman Roth, that a five man Council be elected from the City at large. Upon call of roll Council- man Brannon voted against the motion, all other Councilmen voting favorably. The following objections to the proposed Charter, which were presented at the open meeting held on March 24th, were then considered. The complaint of Mr. Vincent Gallagher that there was nothing in the Charter to prevent the Council from selling any part of the public beach, or allowing buildings to be constructed on the ocean front, was discussed. He asked that some assurance be given the public that the beach would be maintained as a public beach, by such a Charter provision. It was explained that the deed Covering this ocean front property contained the provision that the property must always be maintained~f~r the use of the public, or title would revert back to the heirs. Upon motion of Councilman MacMillan, seconded by Councilman Brannon, the City Attorney was instructed to incorporate this item in the Charter in an appropriate place, in order to provide something definite that could be referred to. With reference to the object, on of Mm. W. L. Ch~istenson as to the method of annexing te~rritory to the City, upon motion of Councilman ~ran~On~..seconded by Counci~m-n "oth, this objection was tabled, and the Charter provision covering the matter was approved, the motion carrying unanimously upon call of roll. Councilman Brannon moved that the recommendation of Mr. Whitley, relating to the calling of emergency meetings of the Zoning Board between May 1st and December 1st, be adopted, namely that"unless and emergency effecting the entire City is de- clared to exist by unanimous vote of the City Council" a meeting shall not be cslled. Upon call of roll the motion carried unanimously. Mr. Adams then explained Sections 86 and 87, relating to the ann,,~-! meeting of the Equalization Board. An extension of thirty days had been provided, he stated in case of a necessary delay the first year of operating under this schedule. Miss Dorothea Galvin objected to this provision. She urged the Council to hold the meeting early in March, in order to allow property owners an opportunity to be heard before leaving for their northern homes. She claimed that by April 1st owners of property on the Beach wo~ld have left the City. A RIL 5TH, 1949 City Manager Black felt that the valuations could be placed on the Assess- roll by March 1st of each year, providing !~no drastic changes were made, an~ ~ .... providing the roll would not have to be certified by the Tax Assessor before the Equalization Board meeting. In a motion by Councilman Brannon, seconded by Councilman MacMillan, unanim- ously carried, Section 87 was stricken from the Charter, and Section 86 was amended to provide that the notice of the meeting of the Equalization Board be published in two issues of a local newspaper, seven days apart. A motion was then made by Councilman Brannon, seconded by Councilman ~c- Millan, that this Charter be su~,~ ~tted to the Legislature immediately, by the City Council. Upon call of roll the motion carried unanimously. The meeting then adjourned. ' city ¢l rk ATTEST: -- uJ .MAYOR ~