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11-13-46 Adjourned ,-\"l, November 13th, 1946 An adjourned session of the regular meeting of the City Council was held in the Council Chambers at 7:30 P.M. with Mayor M.M. DeWitt in the Chair, and City Manager H.P. Edmond,' City Attorney J.W. Nowlin, and the following Council- men present: B.C. Butler, F.B. McNeece, J.B. Smith and C.J. White, a quorum being present. The minutes of the meetings of October 28th and 29th were presented and approved as written. The following letter from Mr. W.O. Winn, addressed to Mayor M.M. De Witt, was read in full by Mr. Nowlin, City Attorney: Hon. M.M. DeWitt, Mayor, City of Delray Beach, Delray Beach, Florida. "Delray Beach, Florida, November 11th, 1946 Dear Sir:- There has come to my attention that someone is whispering around that the Annual Audit report is late, or should have been prepared before now. In order that you may better understand the condition of the auditing pro- cedure at this time, I am outlining some of the difficulties I have encountered in this annual audit. First: I must state that the posting of the Journal records into the General Ledger, was not finished by your clerk until on November 5th, 1946. During my checking I have run into many items of entries on the journal that have been either posted incorrectly or not posted at all, all such entries I have had to correct. Second: After finishing all checking of postings into the general ledger, and making all necessary corrections, I had to add all expense accounts, and all accounts receivable accounts, before trying to make a trial balance, as there had not been any attempt to make a trial balance of the ledger since Mrs. C. Strong was checked out, the books being continually so far behind that this could not be done. The Cash account has been so badly handled that I find it practically impossible to determine accurately anything about the cash balance at September 30th, 1946. I took a complete count of all cash on hand in office on September 30th, but such a large amount of the receipts for September were not written up on the Register of receipts at that time, and other receipts that come in after September 30th that were September revenue, having been recorded also, and monies received for same, later, that the only verification of cash that can be done is to see that the Cash is sufficient to cover the total of all receipts. As the cash account now stands, the last deposit into the bank fund for closing all receipts for the year, has checked $13.15 more out of the cash account than was received, thus showing the cash overdeposited $13.15. Your City Clerk, evidently has never handled a set of General Books of any volume, as she does not appear to know how to handle the distribution of Receipts and Disbursements. In your Golf course account, all operating Expenses & Improvement costs are all recorded in the Ledger account as operating expenses, and the same condition exists in the Miscellaneous Receipts & Expense Account ~\ November 13th, 1946 and Contingency account. I find the Firemen's Pension Account out of control wi th the Firemen I s Pension Bank Fund. I have had to add, subtract and balance all accounts open on the General Ledger, and have had to analyze all the separate accounts of Accounts Receivable for back taxes and Improvement Liens, in order to separate the Operating Cash Funds from the bond Funds, and on the ledger are (13) thirteen separate Back Tax accounts, and eight Improvement Lien accounts. The Improvement accounts of the Water System for the year will have to be analyzed, and transferred into the Capital account of the Water System. There are three of such accounts open in the general ledger at end of the year. Your City Manager, Mr. Edmond has stated that the City was paid or con- tracted to be paid, by Burnup & Sims to make the necessary street filling that was opened by the Telephone Company. Upon careful check of the receipts' I fail to find any record of receipt for this money. I fail to find any record of receipt of the Water Lien Certificate Deposit, for Bond for handling of said certificates, the amount reported to be $10,500.00.' The check for deposit does not show in the Cash receipts, which would appear to be the proper place for same. Among other irregularities noted in this years' auditing, I find that there are records of purchases, and payment of Merchandise and Supplies from Butler Mercantile Co., and thirteen different payments approved by the council and paid to Mr. Butler. The State Law in this connection reads as follows: "FLORIDA STATUTES 1941, Sec. 1339.09" No State dr County Board or Municipal Board or Council shall purchase Supplies, Goods or Materials, for public use, from any firm or Corporation in which any member of such Board is either directly or indirectly interested, nor shall any Board pay for such supplies, goods or materials so purchased; Any person violating the provisions of this section shall be, punished, upon con- viction, by fine not exceeding $500.00, or imprisonment not exceeding one year, provided, that no member of any Board aforesaid who shall have recorded his vote against such illegal purchases, or who shall have been absent 'at the taking of the vote thereon, shall be convicted of violation of this section. After working for several days, adding, re-adding, checking etc. the accounts as posted into the General Ledger, I still fail to s trike a balance, the ledger at this time being out of balance a little over $5,000.00. I would like to continue the work, and make the analysis necessary to prepare this Audit Report, but would like to do so without being further dis- turbed by any member of the City Council, or any campaign agents. Yours very truly, (Signed) W.O. WINN." ,,:;C> November 13th, 1946 Councilman Butler explained charges made in the letter, pointing out that all accusations were untrue and without foundation. A letter written by Mayor DeWitt, addressed to Mr. Winn, was then pre- sented for the approval of the Council, and same was read in full as follows: "November 12, 1946. Mr. W. O. Wino P.O. Box 794 Delray Beach, Florida Dear Mr. Winn: I wish to acknowledge your letters which you delivered to my home on November the eleventh. To begin with, I am sure that both of these communications will be read to the CounciI at their adjourned meeting on Wednesday night. Further, I have no doubt that the Council will insist upon all facts concerning the state of the City's financial status be made public. I am delaying the reply to the specific charges of deficiencies in accounting or bookkeeping made in your letter of the 11th until all members of the Council have had opportunity to familiarize themselves with the contents of your letters. There is no doubt that our system of accounting and bookkeeping leaves much to be desired. The operation of the City's finances today requires consider- ably more supervision than that of a part-time auditor or supervisor. I shall recommend to the Council that the annual audit be made by a Certified Public Accountant and that a practical and comprehensive bookkeeping system be installed. As to the letter in reference to the dispensing with your services, it will be my recommendation that Mr. Wino be suspended immediately and for the following reasons: 1. Your work has not been satisfactory. 2. The system of part-time, occasional work upon the books is unsatisfactory. 3. The attitude in your shorter letter appears to be threatening and 11m sure that the Council will have no tolerance of such an attitude. It will also be my recommendation that an immediate certified audit be made and published; that all of your specific charges regarding defects and deficiencies be made public and that the reply of the City Council to your letters receive full publicity. Very truly yours, (Signed) M.M. DeWitt Mayor. II In a motion made by Councilman McNeece, seconded by Councilman Butler, and upon call of roll unanimously carried, the Clerk was instructed to c;, November 13th, 1946 incorporate the foregoing letter in the minutes of this meeting. A motion was then made by Councilman McNeece, seconded by Council 'Nhite, that Mr.Winn be suspended, and upon call of roll the motion carried unanimously. An affidavit signed by the Pastor and three Trustees of the Ebenezer Wesleyan Methodist Church was read, a s follows: "BTATE OF FLORIDA ) ) PALM BEACH COUNTY) WE THE PASTOR AND OFFICERS of Ebenezer Weslyan Methodist Church of Delray Beach, Florida, do hereby testify that the lot described below was purchased by the officers and members of Ebenezer W. Methodist Church in 1927 and has been owned and used by them for church purposes ever since. Lot Thirteen (13) in Block Twenty-three (23) Delray Beach, Florida. Since the lot in question has been used for Church Purposes only, we the officers and members of Ebenezer Weslyan Methodist do hereby request and pray that the City Officials of Delray Beach will cancel all taxes that they may have against the above named property. (Signed) Rev. J.R. Evans Rev. J.R. Evans, Pastor " Rev. S.C. Rolle Trustee II Theodore Delanp( Trustee " Walter B. Thompson Trustee Subscribed and sworn to before me this the 7th day of October 1946. (Signed) S.D. Spady Notary Public, State of Florida at Large. My Commission expires March (S E A L) 23, 1947. Bonded by American Surety Co. of N. Y." A motion was made by Councilman White, seconded by Councilman Butler, that taxes be abated for the years 1928 through 1932, during which time the property was used for church purposes. Upon call of roll the motion carried unanimously. The following Ordinance was then brought up for ,second and final reading, and same was read in full: 0" November 13th, 1946 ORDINANCE NO. G-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEArn" FLORIDA, PROHIBITING THE TYING OF BOATS TO ANY TREES, POSTS OR OTHER OBJECTS ALONG CANAL STREET SOUTH OF ATLANTIC AVENUE EXCEPT IN THE CITY YACHT BASIN, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED By the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. No person shall hereafter tie any boat to any tree, post or other object on Canal Street South of Atlantic Avenue in the City of Delray Beach, Florida, except in the area designated as the City yacht basin. SECTION 2. Any person violating the provisions of the above Section of this ordinance shall be punished by a fine of not exceeding $100.00 or be imprisonment in the City jail for a period of not exceeding 30 days or by both such fine and imprisonment in the discretion of the Municipal Court. SECTION 3. That Section 1 of this ordinance shall become Section XV of Charter 13 of the City Code of Delray Beach, Florida, and Section 2 of this ordinance shall become Section XVI of the City Code of Delray Beach, Florida, and the City Clerk is hereby instructed to insert said Sections in the City Code. PASSED in Regular session on this the 13th day of November, 1946. (Signed) M.M. DeWitt President, City Council APPROVED: ATTEST: (Signed) Ruth R. Smith City Clerk (S E A L) (Signed) M.M. DeWitt Mayor Upon motion of Councilman Butler, seconded by Councilman McNeece, the foregoing Ordinance No. G-15 was passed and adopted as read. The Clerk presented requests froW twelve signers of a petition filed by Mr. W.A. Jacobs on September 23rd, 1946, to have their names removed from said petition. In a motion made by Councilman McNeece, seconded by Councilman White, and upon call of roll unanimously carried, license for the operation of a Pool Room on N.W. 5th Avenue was approved, LeRoy Stokes, applicant. IS November 13th, 1946 Mr. A. L. Greenwood, Tax Collector, presented the application of John L. Knight for a commercial photography license, stating that Mr. Knight objected to posting a personal property bond as he was operating his business from Briny Breezes, which is outside of the City and not subject to a personal property tax assessment. After discussion, Council approved of granting Mr. Knight a license as an itinerant photographer, with the understanding that he could not solicit business on the Beach, and that he must post a personal property bond as required by all applicants for new licenses, in a motion made by Councilman Smith, seconded by Councilman Butler, and unanimously carried. The request of the Delray Patio for a license to sell liquor for a six month's period was denied, as our License Ordinance does not provide for a half year's license until after April 1st. City Manager Edmond advised that an assessment had been made on the 1946 Tax Roll, on Lot 1, Block 61, for two house~ which had been moved outside of the City limits in October of 1945, and no record had been made of it on the assess- ment cards. Upon motion of Councilman White, seconded by Councilman McNeece, the Tax Assessor was authorized to correct this error by taking these assessments off of the 1946 Tax Roll. With reference to the protest of Mrs. Alma Womack against the high valuation of her property, Lots 8 & 9, Block 6, Osceola Park, it was found after checking, that this property was over-assessed in comparison with the surrounding property, and in a motion made by Councilman Smith, seconded by Councilman Butler, ].lnani- mously carried, the Tax Assessor was instructed to correct this error by reducing the assessed valuation of the building 50%. No action was taken on the request of Mrs. Kirschbaum for a gratis license. Mrs. Kirschbaum claimed that she was over sixty-five years of age, carried very little stock and had no employees, but the Council felt that she should pay a license as long as she was doing business. City Manager Edmond presented an application from Hattie Monroe for license to operate a lunch wagon on her own property in front of the Carver High School. In a motion made by Councilman White, seconded by Councilman Butler, unani- mously carried, license was approved providing all sanitation and health require- ments are complied with. Mr. Edmond advised the Council that an offer of $300.00 had been made by Mr. Snow for an old roller which has not been operated for several years, and which the cost of repairing had been estimated to be $700.00. The minimum requirements for City needs are for at least a six ton roller. A motion was made by Councilman Butler, seconded by Councilman McNeece, that bids on old rollers be advertised for, and upon call of roll the motion carried unanimously. A report from the State Board of Health was filed by Mr. Edmond, certifying that the last sample of water sent to them for analysis was satisfactory. Mr. Edmond presented a plat of Sellers Addition on South Swinton Avenue, which had been tentatively approved by the Council at a previous meeting, and '5' November 13th, 1946 which had been approved by the Planning Board, the County having asked that it be signed by the City before they approved it. Amotion was made by Councilman Butler, seconded by Councilman White, that the plat of Sellers Addition be approved subject to the completion of S.W. 5th Street, according to City specifications and the approval thereof by the City Manager, and thereafter the City Clerk be authorized to sign the plat. Upon call of roll the motion carried unanimously. A plat of Nichols First Addition on South Swinton Avenue, was then presented by Mr. Edmond for the approval of the Counci1. This plat had also been tentatively approved at a previous meeting, and had been approved by the Planning Board. A motion was made by Councilman White, seconded by Councilman McNeece, that this plat of Nichols First Addition be approved subject to the completion of S.W. 6th Street according to City specifications, and the approval thereof by the City Manager, and thereafter the City Clerk be authorized to sign the plat. Upon call of roll the motion carried unanimously. In a motion made by Councilman White, seconded by Councilman McNeece, unanimously carried, a plat of part of Block 27 was accepted by the Council. This plat was the same as the original plat except that the lots are now divided into 50' lots. The plat had been approved by the Planning Board. , A request for a building permit was presented by Mr. Edmond, for alterations and additions to property owned by Mrs. S.F. Morris, formerly the J.R. Marsh property on the north beach, facing Ocean Boulevard, who stated that the plans did not quite meet the zoning requirements as to floor area and set-back. A letter from Mr. John A. Thayer was also filed, a sking that Council grant this permit as Mrs. Morris intends to reconstruct a present dilapitated build- ing into an attractive structure, which would increase the property's value from her standpoint and from the City's tax standpoint. The matter was referred to the Zoning Board for their recommendation as to the granting of a special building permit. The following Resolution was then introduced and same was read in full: RESOLUTION NO. 599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONCERNING THE OPERATION OF MEMORIAL ATHLETIC FIELD LOCATED ON BLOCKS 51 and 52, DELRAY BEACH, FLORIDA WHEREAS the City of Delray Beach, Florida owns certain property in Blocks 51 and 52 on which is located the Memorial Athletic Field, and WHEREAS the Kiwanis Club of Delray Beach, Florida has offered to pay for the cost of material for the installation of a sprinkler system to care for the shrubbery and grass to be planted on the field, and WHEREAS the members of the High School Athletic Committee have agreed'to serve as a committee under the Council to have charge of the operation and maintenance of the field. ?~ November 13th, 1946 NOW, 1HEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the Mafof the City of Delray Beach, Florida, is hereby ~ authorized and directed to appoint a committee to be known as the Memorial Athletic Field Committee, which committee shall be responsible to the Council for the operation and maintenance of the Memorial Athletic Field. Subj ect to the approval of the Council, the committee shall have charge of the allocation of the field to different organizations wishing to use the same and shall work out such reasonable rules as may be necessary for the proper operation of the field. SECTION 2. In order to insure the proper installation of the sprinkler system and the proper operation of the field, the City of Delray Beach will furnish the labor for the installation of the sprinkler system and agrees that it will take care of the maintenance of the system from time to time. The City will also be responsible and take care of the mowing of the grass on the' athletic field. The City will further furnish without charge all water used at the athletic field and will pay for all electricity used in the flood 'lights for night games with the understanding however that the athletic committee will reimburse the City such amounts so paid. SECTION,3. That the Committee will be responsible to the Council for the operation of the Memorial Athletic Field and will make annual reports thereon or such special,reports as may be required by the Council from time to time. PASSED in Regular Adjourned Session on this the 13th day of November, 1946. (Signed) M.M. De Witt President City Council ATTEST: APPROVED: II M.M. De Witt Mayor (Signed) RUTH R. SMITH City Clerk (S E A L) A motion was made by Councilman White, seconded by Councilman Butler, that the foregoing Resolution No. 599 be passed and adopted as read, and upon call of roll the motion carried unanimously. With reference to the request of the Community Recreational Services for assistance from the City in rebuilding their courts, the City Attorney advised that the City Council could not take this over as a City project as the playground was located on County School Board property. The estimated funds needed were $500.00 for repairing the Courts, $250.00 for lighting and about $250.00 for fencing the courts. Mr. Edmond advised that they have the funds needed for fencing~ and recommended that the City make an appropriation of $500.00 to be used for repair- ing the courts, and if any balance were left it c-ould be used towards the cost of lighting the courts. It might also be possible for them to obtain some help from the County School Board in lighting the courts. ",' November 13th, 1946 . After discussion, a motion was made by Councilman White, seconded by Councilman Butler, and unanimously carried, that the Community Recreational Services be advised that the City will give them an appropriation of $500.00, details to be worked out with the City Manager, the money to be available when a workable agreement is reached, with the understanding that all expendi- tures will be under the supervision of the County School Board. City Manager Edmond presented a request from the Delray Beach Hotel for permission to construct a concrete walk along the beach in front of their property, to replace the existing boardwalk. The Clerk was instructed to advise the owners of the Delray Beach Hotel that the Council does not consider it practicable to have walks built on the beach, unless they are built by the City for the use of the public. City Manager Edmond was asked to draw plans showing proposed locations where shower-heads and walks should be built by the City. With reference to the request of Miss Dorothea Galvin that she be allowed to maintain her real estate office on her property on North Ocean Boulevard if an apartment or hotel building should be erected, Council assured Miss Galvin that as long as her office would not be advertised from the outside of the building she would be allowed to conduct her business in this Apartment Hotel Zone. The Clerk presented proof of the publication of notices of intention to purchase City of Delray Beach Refunding Bonds, Series "A" or "B", which proofs were spread upon the minutes as follows: CITY AND COUNTY OF ) NEW YORK, ) s.s:- MARY RYAN, being duly sworn, says that she is the Advertising Clerk of THE BOND BUYER, a daily and weekly newspaper printed and published at 67 Pearl Street in the City of New York, County of New York, State of New York; and the notice, of which the annexed is a printed copy, was regularly published in said THE BOND BUYER on November 6, 1946. (Signed).MARY RYAN Advertising Clerk Subscribed and sworn to before me this 6th day of November, 1946. ( Signed) WILLIAM F. RYAN Notary Public, Kings County (No. 35) Certificate filed, New York County (No. 42) My commission expires March 30, 1948. --\ ? November 13th, 1946 (Annexed copy of printed notice) "NOTICE OF INTENTION TO PURCHASE CITY OF DELRAY BEACH, FLORIDA Refund Bonds, Issue of 19313, Series "A" and/or Issue of 1940, Series "B" Refund Bonds, The City Council of the City of DelrayBeach, Florida, will receive sealed tenders of Refunding Bonds, Series "A", and/or Series "B", in the amount of approximately Thirty Thousand Dollars ($30,000.00) in its office in the City Hall, Delray Beach, Florida, at 13:00 P.M. Eastern Standard Time, November 13th, 1946. All tenders shall be sealed and offered firm. right to reject any and all tenders. The City reserves the ADDRESS: RUTH R. SMITH, City Treasurer, Delray Beach, Florida." -------- AFFIDAVIT OF PUBLICATION Delray Beach News Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared E.F. PETERMAN, who on oath says that he is Publisher of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach Obunty, Florida; that the attached copy of advertisement, being a Notice of intention to purchase Refund Bonds. Issue of 1938..... in the Court, was published in said newspaper in the issues of November 8. 1946. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm BeachObunty Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that____has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signed) E.F~ PETERMAN Sworn to and subscribed before me this 12th day of November, A.D., 1946. (Signed) HAZEL V. SNOW (S E A L) Notary Public Notary Public, ~tate of Florida at Large. My commission expires February 4, 1949. Bonded by American Surety Co.' of N.Y. . f:;,q November 13th, 1946 (Annexed copy of printed notice) "Notice of Intention to Purchase CITY OF DELRAY BEACH, FLORIDA Refund Bonds, Issue of 1938, and/or Issue of 1940, Series II A" Refund Bonds, Series liB" The City Council of the City of Delray Beach, Florida, will receive sealed tenders of Refunding Bonds, Series "A", and/or Series "B", in the amount of approximately Thirty Thousand Dollars ($30,000.00) in its office in the City Hall, Delray Beach, Florida, at 13:00 P.M. Eastern Standard Time, November 13th, 1946. All tenders shall be sealed and offered firm. The City reserves the right to reject any and all tenders. Address: RUTH R. SMITH, City Treasurer, Delray Beach, Florida." Two bids were received in response to the foregoing notices, as follows: William Clancy - Lumbermen's Credit Association, Inc., of Chicago $9,000.00 General Refunding Bonds, Series "A", dated 7/1/313, due 7/1/68, at 99 and accrued interest. H.B. Molony - City Bank Farmers Trust Co., New York $10,000.00 2!% Bonds due 19613 at 99. Upon motion of Councilman Butler, seconded by Councilman White, Council author- ized the purchase of these two blocks of bonds. Upon call of roll the motion carried unanimously. The proposed Ordinance to grant a franchise to the Florida Power and Light Co. was again discussed, the only point under contention being the question of the elimination of taxes assessed to the Florida Power & Light Co. The representatives of the Florida Power & Light Co. were finally asked to submit a counter proposition, using a lower percentage of gross revenue to be paid to the City and eliminating the tax angle entirely. Mr. Nowlin, City Attorney, suggested that both propositions might be submitted to the people at a referendum election. Mr. Charles Senior, local Manager of the Florida Power & Light Co. was asked to take the matter up further with his Company, and report back to the Council on November 25th, if possible. Mayor M.M. DeWitt appointed the following Election Board to serve at the Primary Election to be held on November 19th, 1946. The appointments were con- firmed by the Council. Clerk - - Inspectors - B.F. Sundy L.F. Ranson George Mayberry A.J. Caraker ?~ November 13th, 1946 Bills totaling $11,6713.85, having been approved by the Finance Committee, were ordered paid. Council then adjourned. e'T~ R,c;., I'II~ City Clerk