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04-19-49SpMtg 123 APRIL 19TH, 1949 A Special Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P. M., together with officials of the Florida East Coast Railway Co.~ with Mayor J. L. Saunders in the Chair, and City Manager Charles E. Black, City Attorney John Moore, and the following Councilmen present: John N. Kabler, Nell E. MacMillan, Walter A. Roth and L. H. Brannon, a quorum being present. Attorney William C. Frates, representing the Florida East Coast Railway Co. addressed the Council with reference to the opening of the N. E. 1st Street crossing of their tracks for traffic. He assured the Council of the willingness of the Railway Company to cooperate with the City, but questioned the necessity of a crossing at this Street in addition to the crossings at N. E. and S. E. 2nd Streets. He also stressed the fact that every crossing creates ~he possibility of fatal accidents, and this one would in particular because of the buildings constructed on three of the four corners. He frankly stated that the railroad did not favor the opening of N. E. 1st Streot on account of the accidents they felt sure would occur. Mr. Frates then explained that the Railway Company was operated by a Board of Trustees who might not be willing to provide a watchman at this crossing, continuously, and ~hat traffic control equipment could not be obtained immed- iately. Mr. Frank Hanna, local Traffic Agent of the Florida East Coast Railway re- minded the Council of the industries located on the west side of the tracks between Atlantic Avenue and N. E. 1st Street, and the switching of trains to load and unload for these customers would no doubt interfere with the proposed crossing. He also stated that the Railway Comoany had spent about $ 20,000.00 very recently in providing traffic gates for ~he Atlantic Avenue crossing, and moving their throwover tracks to eliminate switching across Atlantic Avenue. City Attorney Moore explained that more people were here this winter than ever before, that the year round population aS this time is estimated at 8000, and that another crossing must be provided to take care of the traffic, if it had to be done through condemnation. Councilman Brannon repeated the determination of the City Council to open this N. E. 1st Street crossing, as it ha~ become a necessity. - Councilman Kabler also stated that the business section is going to become more congested right along, and suggested the moving of the freight yards either north or south, to provide for the City's growth. Mr. Kabler further stated that industries usually load or unload into trucks, so that the moving of the freight yards a block or two either way would not be a hardship for them. He felt that congestion in the center of the City would become worse, and a plan must be worked out to relieve it. Attorney Frates agreed that such a plan seemed logical, but he could not speak for the Railway Company. Mr. Robinson, F. E. C. Railway Engineer, then stated that the N. E. 1st Street crossing would be practically in the center of the present freight yards, which weuld be an obstruction to traffic, and he felt that the buildings on three corners would surely create accidents each year. It was pointed out by the City ~anager that as Atlantic Avenue is practically built up, the business section of the City will have to develop either north or south, that the growth of the Town was being retarded by not opening this crossing. Attorney Frates agreed to report the facts to the Trustees, and they would have to make their recommendation as to opening the crossing to the Courts, for final decesion. 124 APRIL 19TH, 1949 A motion was then made by Councilman Brannon, seconded by Councilman Kabler, that a period of thirty days be allowed the Railway Co. to notify the City Council if they intend to open this crossing at N, E. 1st Street, otherwise steps will be taken immediately toward condemnation. Upon call of roll the motion carried, Councilman Brannon, Kabler, Roth and Saunders voting in favor of the motion, and Councilman MacMillan opposing. Mr. O. D. Priest, Jr. appeared before the Council, complaining about having received several notices for unpaid occupational license for his general store on West Atlantic Avenu$. He stated that he had purchased a general merchant's license based on the amount of stock he carried, and he felt he was being discriminated against by being billed for licenses for a feed store, a wood.yard, a filling station, and for selling electr- ical appliances. He had~also been billed for a license to operate his · apartment house, which he had never paid before. It was explained to Mr. Priest that certain classifications of businesses were set up in the license ordinance, and that operating a Filling Station could not be classed as the sale of merchandise; also operating a wood yard was classed as a separate business. All other businesses in the City are re- quired to pay separate license fees for the different types of businesses they operate. After consideration by the Council, a motion was made by Councilman Brannon, seconded by Councilman Roth, that the License Ordinance be en-. forced pertaining to the requirement of an additional license for Mr. Priest's Filling Station, and also for operating his apartment house, and that all other businesses in the City doing a similar type of business be strictly investigated. Upon call of roll the motion carried unanimously. Councilman Brannon then brought up Civil Service and Pension System Acts for final approval of the Council, before being submitted to the Legislature. The Bills were considered in detail and the following correct- ions were made: Upon motion of Councilman Brannon, seconded by Councilman Roth, unanim- ously carried, Section 23 was amended to read as follows: "Section 2~. ~he approval or rejection of hhis Act shall be submit~ted to the qualified voters of the municipality at a General Election. The governing authority shall prescribe the form of ballot to be used at the election, which shall be as nearly as is practicable, the same as is required in other elections. The said governing authority shall submit this Act as a complete entity, and the caption of this Act shall be sufficient statement on said ballot of the purposes for which said ballot is cast." In Section 5 the words "Civil Service Board" were changed to read "City Manager". Section 4. Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried, this Section was emended to provide that the fortk and fifth members of the Civil Service Board shall be elected from City employees at large, but not both from the same Department, this Board to be composed of five members only~ In the second paragraph of Section 4, from "The Chief of Police . to the end of the paragraph, was delSted. APRIL 19TH, 1949 Upon motion of Councilmau Brannon, seconded by Councilman Kabler, unanimously carried, the first sentence of Section 6 was amended to read as follows: "The Civil Service Board or its examiners, s~bject to its approval, shall provide ex- _-~minations for salaried employees only, and maintain lis ts of eligibles to appoint- ment in all departments." Upon motion of Councilman Brannon, seconded by Councilman Kabler, unanimously carried, Section 8 was deleted, as it was a repitition of a Charter provision. Section 18 Upon motion of Councilman Brannon, seconded by Councilman Kabler, this Section was amended to read as follows: "Section 18 - Any permanent employee who is dismissed for misconduct or delin- quency or who resigns while charges are pending, shall be disqualified from taking any civil service ex_~_m~nation within a period of five years, in the City of Delray Beach. Upon motion of Councilman Brannon, seconded by Councilman Kabler, unanimously carried, Section 20 was deleted. With reference to Section 19, Councilman MacMillan recommended that this section be amended to provide for qualifying of present employees of the City, feeling it would avoid future criticism, and set up a democratic Civil Service system~ A motion was then made by Councilman Brannon, seconded by Councilman Kabler, that Section 19 be amended to read as follows Section 19 - All City employees sh_,_11 retain the rank and grade and the seniority they hold at the time of the passage of this Charter by the Legislature, provided the Board shall conduct suitable examinat- ions as to their qualifications, and certify their findings on each Department, and its apartment respectively shall retain the rank and grade respectively- .... to end of paragraph." Upon motion of Councilman Brannon, seconded by Councilm~ Kabler, unanimously carried, Sections 21 and 22 were deleted. A motion was made by Councilman MacMillan, seconded by Councilman Roth, that an amendment to this Civil Service Act be adopted to provide for a five point preference for veterans and widows of veterans, the same regulations as to this five point preference under this Act to be applicable as under Federal law. Upon call of roll the motion carried unanimously. A motion was then made by Councilman MacMillan, seconded by Councilman Roth, that ~his'~Ci~il Service'Act be approved as amended, and sent to the Legislature by the City~ Council for its a~oproval. Upon call of roll the motion carried un- animously. The following amendment to the Pension System Bill was approved by the Council, · in a motion by Councilman Brannon, seconded by Councilman Roth, and upon call of 5Oll unanimously carried: The following paragraph to be inserted between the first and second para- graphs of Section 214: "For 50% disability, 50% of their last monthly salary. For 75% disability, 55% of their last monthly salary. For 100% disability, 60% of their last monthly salary." APRIL 19TH, 1949 Upon motion of Councilman Kabler, seconded by Councilman Brannon, the following section was added after Section 224: "Section 225 - Those employees appointed by the City Council shall not come under this Act." Section 209 was amended by adding the words "per year" after each para- graph stating retirement benefits. After discussion of the retirement age after serving twenty years in employment of the City, a motion was made by Councilm~___n Brannon, seconded by Councilman Roth, that a minimum retirement age of 45 years be established, and that Section 209 be amended to provide this. Upon c~11 of roll the motion carried unanimously. Upon motion of Councilman Brannon, seconded by Councilmen Kabler, unan- imously carried, Section 212 was amended by striking the words "plus 3% interest". Upon motion of Councilman Brannon, seconded by Councilman Kabler, unan- imously carried, the word "venereal" was striken. Section 223 was amended to apply to a referendum election as provided in the Civil Service Act, instead of as written, upon motion of Councilman Brannon, seconded by Councilman Kabler, and upon call of roll unanimously carried. The following two Resolutions were then presented and same were read in full: RESOLUTION NO 735A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, APPROVING A CERTAIN SPECIAL ACT TO BE SUBMITTED TO THE LEGISLATURE OF THE STATE OF FLORIDA FOR ~NACTM~NT. Be it resolved by the City Council of the City of Delray Beach, Florida, as follows: Sectionll: That a certain Special Act captioned "An Act ~reating a Civil Service for the Employees of the City of Delray Beach, Palm Beach County, Florida; creating a Civil Service Board for said City, defining its memberships, powers and duties; designating the employees who are within the Terms of this Act; defining certain Terms of this Adt: providing for a Referandum and the time when this Act shall take effect, and other matters in regard thereto". be and the same is hereby approved by the City oCouncil of this City. Section 2: That it be sub,~tted to th~ State Legislature for enactment. ADOPTED BY the Council of the City of Delray Beach, Florida, this the 19th day o~ April, A. D., 1949. (Si~ned) J, L, Saunders President - City Council ATTEST: APPROVED: (Signed) Ruth R, Smith (Signsd) J. L. Saunders City Clerk Mayor SEAL" t 27 APRIL 19TH, 1949 RESOLUTION NO. 735B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CERTAIN SPECIAL ACT TO BE SUBMITTED TO THE LEGISLATURE OF THE STATE OF FLORIDA. BE IT RESOLOVED, By the City Council of the City of Delray Beach, Florida, as follows: Section 1: That a certain Special Act captioned "An Act Providing for the Retirement of all Employees of the City of Delray Beach, Palm Beach County, Florida; creating and establishing a Pension and Relief Fund and a Board of Trustees for the A~mlnistration thereof; Providing a source of Revenue and Revenue for the Payment of Insurance and Annuity Be~:efits to all employees of the City of Delray Beach; Providing for Powers and Duties of same; and providing the Rules governing the Distribution of such Fund or Funds and defining Employees and other things". be and the same is hereby approved by the City Council of the City. Section 2: That it be submitted to the State Legislature for enactment. ADOPTED BY the City Council of the City of Delray Beach, Florida, this the 19th day of April, A. D. 1949. 6Si~ned) J, L, Saunders President - City Council APPROVED: ATTEST: (Signed) J, L, Saunders (Signed) Ruth R, Smith Mayor City Clerk SEAL" A motion was then made by Councilman Brannon, seconded by Councilman Roth, that these two foregoing Resolutions be Passed and adopted as read. Upon call of roll the motion carried unanimously. The following letter from Mr. W. H. Sweet, Real Estate Broker, was presented and read by the Mayor, and ordered filed: ..Mr. Jack Saunder~, Ma~vor At last week's City CoUncil meeting the Council voted 3 to 2 to supply the Chamber of Commerce with a considerable sum of money to spend on advertising Delray Beach as a summer resort, said donations to be subject to our City first obtaining Federal rent control. I'm sure it will not be denied that if any group of Delray citizens are vitally interested in getting tourist to Delray (winter OR summer) it's the Real Estate Brokers. Without tourist we Realtors starve for sure: But as a Realtor I'm afraid our Chamber of Commerce is overly enthusiastic about their advertising campaign. They seem greatly impressed by the fact that having run some large and fairly expensive ads in big city newspapers, they received several hundred answere - of a sort. APRIL 19TH, 1949 Actually, the real value to Delray of about 90% of these answers IS VERY DEBATABLE INDEED. There is no wonderful magic forthcoming for Delray in sinking considerable money in big city newspaper advertising~ If there were, believe me, we Realtors would be right in there with our own ads. Money spent on tangible improvements of our golf, swimming, tennis, shuffleboard, and other recreational facilities would be money better spent. Our Chamber of Commerce might sponsor and promote some interesting EVENTS during both the winter and summer seasons. Our climate, beach and ~various recreational facilities would lend themselves to some contest, tournaments, and events which, if properly promoted, would draw visitors and give us the kind of advertising that really pays off. To lengthen our season will require more ingenuity than merly investing in costly ads in big city newspapers. W. H. Sweet (Realtor) 151 No. Federal Highway" The Council then adjourned. ~A~ ~ City fClerk' ATTEST: