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12-06-49SpMtg December 6th, 19~9. A Special Meeting of the City Council of the City of Delray Beach was held in the Co~u~cil Chambers at 7:30 p.m. with ~ayor J.L.Saunders in the Chair, and City Attorney John i-~oore, City idan- ager Charles E. Black, and the following Councilmen present: L.H. Brarn~on, John N. Kabler, Neil E. i~aci~illan, and Ualter A. Roth~ a quorum being present. Proof of publicztion of Proclamation by the Mayor, calling a General Election, to be held December 6th, 19~9, to elect three Councilmen; and also to approve or reject a Civil Service Act, and a Pension and Retirement Act for City Employees, was read and spread upon the minutes as follows: PROCLA~ITION BY Ti-~ ~:~YOR. ~?HEREAS, the Charter of the City of Delray Beach, Florida~ provides for a General Election to be held for the purpose of electing three City Council- men in the odd numbered years ,and !i~?IEREAS~ pursuant to the provisions of said Charter, a General Election for the year 19~9 shall be held on Tuesday December Sth, A.D.19~9, between the hours of sunrise and sunset, and t:E{ERE. AS~ the proposed Civil Service law for employees of the City of Delray Beach, Florida, provides that the approval or rejection thereof shall be submitted to the qualified voters of the City of Delray Beach, Florida~ at a General Election~ said Civil Service law being an Act entitled "AN ACT CP~TING A CIVIL SERVICE FOR T~ E~.~PL0~EES OF T~ CIT~ O~ DELSEY BEACH~ ~AL}.[ BEACH COU~[~Z~ FLORIDA: CRE.2TING A CIVIL SERVICE BOARD ~0R ~AID C±~Y~ D~ II, IhG ITS AI,~ DUTIES: DESIGNATING T~ E~IPLOYEES %~{0 ARE UITHI~ T~ TE~ OF THIS ~CT: DEFI~Ii',[G CERTAIN TE~ 07 T~IS ACT: PROVIDING FOR i REFEP~i'~D~.~I ~i,~ ~ TI~ %'~i~ THIS ACT SibLLL T~ EFFECT~ Ai,~ OT~R I,~T~RS TH~T0~" and %~EREAS~ the Retirement Law for all employees of the City of Delray Beach, Florida, provides that said law shall become effective upon its ratification by a majority of the electors residing in the City of Delray Beach, Florida~ voting upon the question of the approval or disapproval of the law at a Special or General Election not later than December, 19~9, said law being an Act entitled "AN ACT ~ROVIDIi~[G FOR T~ RETIREmeNT 0~~ ALL Ei[PLOYEES OF Ti~ CITY 0F DELRAY BE~iCH~ PAL~I BEACH COUNTY~ FLORIDA; CREATING AND ESTf~LIS~.IING A PEI~SIO]~ ~%~ RELIEF FU~ ~MD A BO~tD 07 TRUSTEES FOR T-~ T~H~REOF~ Pi~0VIDI~G h SOURCE O? P~VE~ ~ REVE~E FOR T~ PAYmeNT 0F INSURAlqCE ~.~ A~UITY BEI~FiTS TO ALL .~]~T~t,OYE~S OF ~ CITY OF DELR~Y BE~%CH; PROVIDI]~G FOR THE o~L.~CTI01~ OF T_~ ~I~a~o. 0]? SUCH 'BOARD$' PROVIDING FOR P0~.~RS A]~ DUTIES OF SAI.~$ A}~ PROVIDIIIG T]~ RULES !2/6/~9 cont. G0~ING T!B DISTRIBUTIOL~ OF SUC}! PUi,~ OR FUlfDS AL~ DEFINING RHPLOYEES AUD 0Tier TiIINGS~ .H'~ PROVIDING P0R A ~FE~I,~." }JOL'[} [~1- N1'~3pn~D~~. ~. ~z~ ~ I ~ J.L. S~U!'~ERS ~ as Mayor of the City of Delray Beach~ ~'lorida~ do hereby call for such General Election to~ be held on Tuesday, Dec ember 6th~ A.D.!959~ between the hours of s~r!se ~d s~se~, at the Community Civic Center ~uilding~ 1~ o.E.$th Avenue~ in the City of De!ray Beach~ Florida. All quzlified electors of the City of Delray Deach~ Plorida~ shall be qualified to vote in said election for the p~poses above stated. Dated at Delray Beach~ Florida~ on this the 22nd day of November~ A.D.1959. J. L. SANDERS Kayor City of Delray Beach~ Florida. Pub.Nov. 22,29 ~19~9. An affidavit of the Clerk and Inspectors of the General Election held on this day was also spread upon the minutes as follows: ~:G~PiDAVIT 0F CLEF0( AND IUSPECT0iS 0F GE!'YSRAL ELECTION T0 BE D~E!~ER 6th~ 19~9. : STATE OF FLORIDA COUNTY 0P PAL}.! BEACIt CITY OF DELRAY BEECH Before me, an officer capable of administering oaths, personally appeared B.F.Szundy, Clerk, and Miss Hiriam Brown~ Hrs. i'iamie Deaderick~ James Jol~nson, ~qrs. J.I.Hurst, and L.F.Ranson, Inspectors, who after being duly sworn depose and say, each for himself, that they will perform the duties of Clerk and Inspectors at the General Election to be held in and for the City of Delray Beach, Palm Beach County, Florida, on the 6th day of December, 19~9~ and that said duties will be performed according to law~ and ~at they will endeavor to prevent fraud, deceit or abuse in conducting the same. IN ~/fiTt,NESS '.fFE.~0F~ they have herunto prescribed their respective names: CLE~{ - B.F..Sundy . INSPECTORS - Mamie M. Dearie. rick Hiriam N. Brown L.F.Ranson 12/6/49 cont. James J~ Johnson ','_~i!e. na .E~. Hur s t Sworn to and subscribed before me this the 6th day of December~ A.D. ~ 19l~9. Ruth R,~ ~mith C'i6y '~l~rk. Certification of the votes cast in this election, signed by the Clerk and Inspectors of the Election Board, was then read, as follows: CERTIFICATION OF VOTES CAST AT GENERAL ELECTION ~IELD DECE~fBER 6th; 19~9. . Mayor and City Council Delray Beach~ Florida. We, the Clerk and Inspectors of today's General Election, certify to the following results: MACHI .NE... N.O, ~6351+ I~CHIifE NO. ~63~9 TOTAL Robert Fleming 1~5 Absentee 178 ~ James W. Galloway 226 I 238 l~6~ R. J. Holland 330 ~ _385 719 W. A. Jacobs 280 319 599 John N. iLabler 360 .. i ~17 778 James R. Nieder 2~6 2 300 5~8 CIVIL SERVICE ACT For 211 _ ~ 23?.. ,¥~'2 Against 180 203 383 PENSION AI~D RETIPdI~NT ACT ~or i26 3 i38 ,267 .... Against 151+ 1 17~ _ 329 TOTAL VOTES CAST ..... 1302 12/6/49 cont. CLERK: B, ~ , Su. ndy l'.~iiriam N. Bro~ ~.'filena E. H~st James J. Jonson L. F, Rahs on A motion was made by Co~cilman Bra~on~ seconded by Co~cilman 1.~cMillan~ that fl~e three c~didates receiving the highest n~ber of votes~ namely Jo~ N. Kabler~ R.J.Holland~ and W.A.Jacobs~ be certi- fied as elected City Co~cilmen~ for a term of two years. Upon call of roll the motion carried ~animously. Upon motion of Co~cilman ~.'hcMillan~ seconded bM Comucilman Bra~on, ~animously carried, the Pension and Retirement Act was certified as having lost. t~fith reference to. the Civil Service Act~ City Attorney Moore stated that in his opinion this Act did not pass, as according to the wording of the Act it required a majority of ~e people part- icipating in the election to vote in favor of the Act. Attorney Moore read from portions of the Civil Service Act pertaining to its ratification by the voters, as follows: Section 18. The approval or rejection of this Act shall be submitted to the qualified voters of the City of Delray Beach If at said election a majority of the quali- fied voters voting therein shall approve this Act, the same shall be of f~l force ~d effect in said M~icipality. In the event a majority of the qualified voters voting in said election disapprove this Act~ ~other election to approve or disapprove the same shall not be held for a period of two years after ~e date of said election. Co~cilman Bra~on stated that ~der the General Election law~ where a Bill similar to this is submitted for ratification, even though it may be classified as ~biguous, a majority of votes for or against the Bill is a deciding vote on that meas~e. Mr. Bra~on, having prepared the Act~ further stated that it was his intention that a majority vote on the Bill, either for or against, would prevail. Comncilman Roth and Co~cilman Sanders both stated that when the Comcil originally approved this Act, it was their ~derstanding that if a majority of the people voting on it~ voted in favor of it~ the Bill would be passed. As the Comcil is allowed three days to certify the results of an election, the City Attorney suggested that this portion be held in abeyance at this time. He also stated that he felt if it were taken to the Court for a declaratory judgment, the Court wo~d look back to the intent of the Com~cil in submitting the Act originally. 12/6/49 cont. Councilman Brannon moved that the Civil Service Act be certified as passed and adopted by a majority of the voters ~o voted on it~ as it was the Council's intention that the majority of votes cast on the ~easure would prevail. There was no second to the motion. After further discussion~ a motion was made by Co~mciiman Saunders~ seconded by Councilman Roth~ that the certification of this issue be held in abeyance until a special meeting of the Council is called~ within two days~ to allow the City Attorney time for further consideration before giving his final opinion. Upon call of roll the motion carried unanimously. A communication from the Board of Electrical Examiners~ with re~erence to the grading of examinations taken by applicants for Contractors licenses~ was read as follows: BOARD OF ELECTRICAL EXAMIneRS City of Delray Beach Delray Beach~ Fla. December 6~ 1949. The City Council City of Delray Beach Delray Beach~ Florida. Gentlemen: In accordance with your request th~ Board of Electrical Examiners has studied Ordinance No. G-87 wita respect to two ~pplicants for electrical Contractor's Licenses~ who have failed to pass the examination of this board. This board has been un- able to assign a n~merical grade to experience or letters of recommendation. For this reason the board is unable to arrive at an average numerical grade for the applicants. We~ therefore~ are submitting only the actual grades made on the oral and written examinations and the findings of the Boar~ on the experience and letters of recon~endation. ~e make no f~ther recommendation with respect to the applicants~ but pass the following information to the Council whose perogative is the final granting or denial of electrical contractors licenses. Name of applicant - Lonnie ~. Cook Grade obtained on oral examination - 8~ Grade obtained on written examination - 63 Letters of recommendation and experience record indicate good ~maowledge~ and close contact with electrical work several years. Off-hand contact is indicated more recently. ~riters of letters of recommendation indicate unstinted support of this applicant. Name of applicant - E. L. Davis Grade obtained in oral examination - %2.~ Grade obtained in written examination - Letters of recommendation and experience record indicate limited knock,ledge and experience in all fields 12/~/~9 cont. of electrical wiring. Writers of letters of recom- mendation seemed reluctant to give much information. Ail letters were very brief. Two letters used exactly the same wording. The Electrical Board is unanimous in its belief that it will be impossible to do a conscientious and effective job of ~ ' ' e~amznzno applicants under the ordinance as now ~,~itten. It is difficult~ if not impossible to assign a numerical rating to letters of reference and experience ratings. There is no com- parison in the time and knowledge required to pass the written and oral examinations. For this reason it is not right to assign equal value to these parts of the e:~aminations. The board feels that the present ordinance pertaining to the Board of Electrical Examiners as amended by Ordinance No. G-S? is impractical smd unworkable and should be restored to somewhat its provisions as they existed prior to the passage of Ordinance I~[o. G-S7. It is respectfully requested that due consideration be given to this condition before this board is asked to e:~amine another appli- cant for an electrical contractor's license. Respectfully submitted C.?f. Trieste, President, Board of Electrical Examiners. A motion was made by Cotmcilman Mac~.[illan that Lonnie ?f. Cook be granted a license, as the average of his grades was 7~ and in view of his qualifications and past experience. The motion v~as seconded by Councilman Roth, and upon call of roll carried unanimously. A motion was then made by Councilman MacMillan~ seconded by Cotuacilman Kabler, unanimously carried, that license be denied E.L.Davis~ as the average of his grades %~as only ~0[~ and also for lack of further information. Upon motion of Councilman Mact~illan, seconded by Councilman Brannon: and unanimously carried~ the matter of revising the Elec- trical Ordinance to meet the approval of the Electrical Inspector and the Board of Examiners, was referred to the Electrical Inspec- tor and the City Attorney~ their reco~uendations to be brought back to the Council for final approval and action. Upon motion of Councilman 1.[acl.~illan, seconded by Councilman Brannon~ and ttnanimously carried, an application for the construction of a second story on existing building o%-med by ~.M.~[c~nrrian, located on Lots 1 and 2, Block 29~ of West Atlantic Avenue~ to be used as a storage space~ %.~as apy~roved~ subject to compliance with all require- ments of the Building Inspector as to reinforcement of ~e building. City Manager Black presented two bids received for ~e construct- ion of a rock sidewalk on West Atlantic ~kvenue~ from ~th Avenue to 12th Avenue as follows: 1. Jack E. Carver - 2. ~'~. J. Snow - ~6.00 12/6/49 cont. Jack E. Carver P.0.Box 1766 Delray Beach~ Florida December 6,19~9. City Council, City of Delray Beach~ Delray Beach~ Florida. Gentlemen: Please consider this bid for the construction of 2320 feet of ~ foot side walk from 5th Avenue West to 12th Avenue on Atlantic Avenue. Walk is to be made of ~ inches of compressed shell rock. My price for this work is ~792.80. Yours very truly, Jack E. Carver. W. J. SNOW Post Office Box 724 Delray Beach, Florida. December 6, 19~9. Mr. C.E.Black, City Mgr. Delray Beach,.Florida. Dear Sir: Please be advised I will furnish all labor, material and equipment to place shell rock sidewalk five (~) feet wide on West Atlantic Avenue from N.W. Fifth Avenue to N.W. twelfth, a distance of approximately two thousand three hundred and twenty (2,320) lineal feet for the susa of eight hundred and zmfty-o~x dollars (~6.00). Respectfully submitted~ ~,~. J. Snow. Upon motion of Councilman Roth, seconded by Councilman Brannon, unanimously carried, the low bid of Jack E. Carver, in the amount of ~792.80 was accepted, work to start within the next few days. City Manager Black announced that the N.E.lst Street cross- ing of the Florida East Coast railroad tracks had been completed and the official opening would be the following morning, Dec- ember 7th~ at 9 o'clock. The City Manager advised the Council that the Florida Power and Light Co. proposed to install seven additional street lights on the north side of ~est Atlantic Avenue~ west of ~th 1216149 c ont. Avenue~ at a cost of ~20.00 per light~ and that they proposed to rent the seven poles to the City for ~ij2.00 each per year~ ~.zith no installation charge. A motion was made by Co,macilman Y~acMillan~ that the lights be installed inm~ediatelY. Councilman Roth seconded the motion~ ¥;hich was unanimously carried upon call of roll. ?[ith reference to markers showing the iDrockway line on the Seacrest Hotel property~ the Council and City Attorney agreSd to inspect this situation the following afternoon~ December 7th~ at ~:30 p.m. City ~anager Black informed '~e Council that I[r. O. Helland had made signs for each hole on the Golf Course, sho~.~ing the Number of the hole, the yardage~ and Par, and suggested that the Council give him a vote of thanks for his excellent work. Upon motion of Cotuncilman Mac~'"i!!an~ seconded by Councilman Roth~ unanimously carried~ the Clerk was instructed to write a letter of appreciation to ~.[r. Hellm~d on behalf of the City Co%mcil. City Manager Black then suggested that all vehicles set up in the current budget~ and not yet purchased, be ptu-chased at this time as they are badly needed. He stated -that the low bid on the Chevrolet Pick-Up truck had been withdra~m, as delivery could not be promised in the near future~ but that the bid on the 19~0 model Ford sedan was still goody and by purchasing this vehicle one Pick-Up truck could be released for other work. He asked if this bid could still be used~ as the next lo%~z bid. The City Attorney advised that as no time was stipulated for the acceptance of a bid~ the next bid would now be low. After consideration by the Council, a motion was made by Coau~- ~ that the bid of the ci!man Roth~ seconded by Councilman .~ab!er: Delray Beach Motors, Inc. ~ to furnish one Eordor Sedan for the sum of ~i~! ~'~ ~28.00~ plus ?~71.00. additional for ~ cylinder motor, be accepted. Upon call of roll the motion carried, Cotu~cilmen Brannon, Kabler, Roth and Saunders voting in favor of the motion~ and Co'macilman i~ac~illan voting against it. Councilman Mac?~mllan explained his vote bM stating that he felt a six cylinder motor would be adequate. City Manager Black replied that he had found an 13 cylinder motor to be more durable than a six cylinder motor. The o~.~aer of Lot 17~ Block 70~ appeared before '~ne Council complaining of the valuation of ~8~210.00 placed on this property on the t9~9 Ta:.~ Roi1. He stated that the house ~,~as one of the oldest in the City, and was in poor condition~ also that Mr. member of the Tax Co~mmittee~ had rechecked the assessment and had found an error had been made in figuring the cubic footage of the building~ his revised figure being Upon advice of the City .Attorney that a mathmatical error can be corrected at any time, a motion ~as made by Councilman Brarn~on~ seconded by Councilman Roth, that the City Manager and City Clerk be authorized to correct any errors in computation of cubic footage on the Tax Roll. Upon call of roll the motion carried unanimously. 12/6/~9 cont. Upon motion of Councilman MacMillan, seconded by Councilman Brannon, unanimously carried, the City ~vianager was instructed to ~ ~ 4th ~venue~ which were damaged by ~he have the driveways on o.~. installation of storm drains on that street, repaired. ~.~. John Thieme~ representing '~e Beach Improvement Co~ittee of ~he Chamber of Co~mmerce~ then addressed the Council~ outlining the improvements they proposed to make On the beach by planting shrubbery and grass~ and installing showers and a sprinkler system. He asked if funds set aside as a disaster fund for storm damage could be used for some of this work. City ~'~Ianager Black advised Mr. Thieme and the Council that 600' of pipe, which had been salvaged from the replacement of water lines, had been laid on the north end of the Beach~ and this line would be extended as soon as more of this second-hand pipe was avail- able, probably within a week, and that ~. Fred Beever was furnishing shower heads. The only cost of the installation of showers, therefore, would be for labor and a few fittings. He suggested that any planting be deferred until at least April 1st. Councilman Kabler felt that whatever was planted would possibly be washed away next year, and he recommended that the sand shoulSers be left as they have been pushed back, and if washed out they can be again pushed back next year. He claimed that a ba~ of sand was the best protection against the force of the waves~ and that bathers en- joyed the sand bardcs more than they would dangerous shrubbery. The Council discussed the project further, but no action was taken at this meeting. Mr. Thieme asked that holes in the pavement in front of his property on West Atlantic 'Avenue, located on the west 1/2 of Lot l~, Block 25, be filled by the City, as they had been caused by the lay- ing of a watermain about two years ago. · Upon motion of Councilman MacMillan, seconded by Councilman Roth, unanimously carried, the City Manager was instructed to have this street repaired where it had been damaged by the City. The meeting then adjourned. Ruth R. Smith City' Clerk.