12-09-06 Regular
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DECEMBER 9th, 1946.
Regular meeting of the City Council of the City of Delray Beach was held
in the Council Chambers at 7:30 P.M. with Mayor M.M. De Witt in the Chair,
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 November 12th, November 25th, December 2nd
and December 3rd, were presented and approved by the Council as written.
The Clerk presented proof of the publication of a notice calling for bids
for the auditing of the City books for the fiscal year ended September 30th, 1946,
and for the revision of the system of accounting, which proof was spread upon the
minutes as follows:
"AFFIDAVIT OF PUBLICATION
Delr~ Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
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Before the undersigned authority personally appeared E.F. PETERMAN who
on oath says that~is Publisher of the Delr~ Beach News, a weekly news-
paper published at Delray Beach in Palm Beach County, Florida; that the
attached copy of advertisement, being a Public Notice for Bids in the matter
of Certified Public Accountant in 1;he Court, was published in said
newspaper in the issues of December 6. 1946.
Affiant further says that the said Delray Beach News is a newspaper pub-
lished at Delray Beach, in said Palm Beach County, 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 promia ed
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 11th day of Dec.. A.D., 1946.
(S E A L)
(Signed) HAZEL V. SN&
Notary Public, State of Florida
at Large. My commission expires
February 4, 1949. Bonded by
Americ.an Surety Co. of N.Y.
"NOTICE"
· The City Clerk of the City of Delray Beach, Delray Beach, Florida, will
receive bids, for the City Council, until 7 P.M., December 9th, 1946, from
Certified Public Accountants for the following:
'by
DECEMBER 9th, 1946.
1. Annual audit of the books and records of the City of Delray Beach for
the fiscal year ended September 30, 1946, and to include:
(a) Study of charter provisions, ordinances, and records of proceedings.
(b) Classification of funds and departments of the City.
(c) Examination and verification of cash balances and cash trans-
actions of all funds.
(d) Checking revenues and expenditures of all funds.
(e) Examination of fixed assets.
(f) Examination of general and subsidiary journals and ledgers,
and accounts of assets, liabilities, reserves, and surplus of
all funds.
(g) Performance of audit work by a supervised staff in accordance
with the municipal audit procedure recommended by the National
Committee on Municipal Accounting.
2. Revision of the present system of recording municipal transactions and
activities.
The City reserves the right to accept or reject any or all bids.
CITY OF DELRAY BEACH, FLORIDA,
By: M. M. DeWitt, Mayor."
The following two proposals were received in response to the foregoing
notice:
Wells, Fly & Choate of Ft. Pierce, Florida - Estimate of cost
of preparing annual audit only - Not more than $2,000.00 and
not less than $1,200.00.
Frederic Dunn-Rankin & Co. of Miami, Florida - $1,500.00 for preparing
annual audit and revision of accounting system.
Pribble,
A letter from Mr. W. O. Winn, former Auditor, was presented and read, as
follows:
"December 9th. 1946.
Honorable Mayor & Councilmen,
City of Delray Beach,
Delray Beach, Florida.
Gentlemen :-
I would like to finish preparing the Annual Audit Report for the
year ended September 30th. 1946.
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DECEMBER 9th, 1946.
Have done most of the work in preparation for this report, but have not
been at all well, for the past four weeks, or would have contacted you sooner
in this connection.
I am in need of some additional information from the Journal & Ledger,
in order to prep~re this report as it should be, and wish to inquire if you
have any objection to my getting an~ such information as may be needed to
finish this report.
I wish to a ssure you that there will not be anything in thi s report
that is not shown in the records of the city books, and do not intend to
make any comments in the report that will in anyway reflect against your
operating procedure for the year, if I am permitted to finish the report, and
close the General Ledger for the year.
Thanking you, I am,
Yours respectfully,
(Signed) W.O. WINN
Public Accountant."
After consideration of both proposals a motion was made by Councilman White,
seconded by Councilman McNeece, that the proposal of Frederick Dunn-Rankin & Co.
of Miami be accepted, f or preparing the annual audit for the fiscal year ended
September 30th, 1946, and for revising the accounting system, at a fee of "
$1,500.00. Upon call of roll the motion carried unanimously.
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City Manager Edmond presented a sketch of the property owned by the City in
Vista Del Mar Subdivision, namely the west one-half of Lot 13 and all of Lot 14,
on the N.E. corner of Andrews Avenue and Vista Del Mar Drive, stating that the
west 17' should be used for the widening of Andrews Avenue, which would leave
a 58' lot, which could be sold.
A motion was made by Councilman White, that this property be advertised for
sale, notice alling for bids to be published in three issues of the local news~
paper, bids to be received not later than 8 o'clock P.M., Monday, January 13th,
1947, and to be accompanied by certified check in the amount of 10% of the offer.
The motion was seconded by Councilman McNeece, and upon call of roll carried
unanimously .
The following letter from Mr. Scotty Irwin, Manager of the Municipal Golf
Club was presented, and read in full:
The Honorable Mayor and Councilmen
City of Delray Beach
Florida
"December 9, 1946.
I submit ,to you the following two names:
James S. Burke
John Bobick, Jr.
one of whom will assist me with the following duties of Delr~ Beach in the golf
shop, teaching, etc. I understand that I am to stand this expense myself and
would appreciate any cooperation that you might give to assist with the caddies
and other golfing duties.
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DECEMBER 9th, 1946.
Mr. Burke comes under the G.!. Bill of Rights and has had some golf and wants
to learn more about the repairs and general shop work, in addition to pl~ing
ani teaching.
Mr. Bobock was recommended to me by the P.G.A. and has been connected with the
Club Wilmar, located at Wilmar, Minnesota, where he has acted as professional
dUring the summer season. He has had years of experience and comes very well
recommended from the President of the Club.
Yours truly,
(Signed) Scotty Irwin."
After discussion as to the qualifications of the two proposed assistants
for Mr. Irwin, a motion was made by Councilman Butler that Mr. John Bobick, Jr.
be accepted. The motion was seconded by Councilman McNeece, and carried
unanimously.
City Manager Edmond advised the Council that it would be necessary to have
another trench dug at the disposal dump for the burying of trash, etc., and
asked for the authorization to advertise for bids for this work.
In a motion made by Councilman White, seconded by Councilman Butler, Mr.
Edmond was instructed to advertise for bids, the work to be done according to
specifications to be prepared by him. Upon call of roll the motion carried
unanimously.
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The Clerk presented two letters f,rom applicants for the position of Life
Guard, and same were read in full, as follows:
Applicants - Jerry A. Boisoneau
- Bert L. Wagner
The Council discussed the question of the duties of the Life Guards, and to
what extent police powers should be given them.
Councilman White moved that both men be employed as Life Guards from
December 15th, at a salary of $175.00 per month each, to work under the super-
vision of the City Manager and the Chief of Police, their duties and hours to
be assigned to them. The motion was seconded by Councilman Butler, and upon call
of roll carried unanimously.
.
City Manager Edmond recommended that the Police Department be instructed to
start the marking of cars parked over one hour on Atlantic Avenue, from 1st
Avenue to the Canal.
The Council agreed that this had become necessary in the regulation of
traffic on Atlantic Avenue, and instructed Mr. Edmond to have a Notice printed
in this week's issue of the local newspaper, advising the public that this pro-
cedure will be effective from Saturday, December 14th.
The following communication from the Zoning Board was presented and read
in full, as follows:
"December 5, 1946.
A Regular Meeting of the Zoning Committee of the City of Delr~ Beach,
Florida, was held in the Council Chambers, at the City Hall, Delray Beach,
Florida on December 5, 1946, at 4:00 P.M. The following members being present:
C.W. Garner, Chairman, J. A. Thayer, S. Ogren, L.T. Greist, H.B. Adams and H.P.
Edmond, City Manager.
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DECEMBER 9th, 1946.
The application of Mrs. S. F. Morris for a special building permit to
remodel a building and small addition to property known as th e J. R. Marsh
property, on north Ocean Boulevard, as per plan submitted, was respectfully
declined on the ground that the plan submitted did not conform with the
zoning requirements for that area.
In reference to the application of C.M. MacLaren for re-zoning to
limited business certain lots in Block 3, Ocean Park SUbdivision, it was the
opinion of the Zoning Board that the matter of re-zoning building lots facing
on Atlantic Avenue, east of the Canal Bridge, is a matter that should have
immediate attention, but that it should be considered as a whole and not
piece-meal.
The Zoning Committee therefore recommends that the Council make plans for
re-zoning lots facing on Atlantic Avenue east of the Canal for limited business,
giving due consideration to the necessity for adequate parking space and free
passageway to the Ocean.
Upon motion, duly seconded, the Committee adjourned.
(Signed)
C.W. GARNER
Chairman."
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A motion was then made by Councilman White that the recommendation of the
Zoning Board with reference to the application of Mrs. S.F. Morris for a special
permit to remodel a building on North Ocean Boulevard be accepted. The motion
was seconded by Councilman McNeece, and upon call of roll carried unanimously.
With reference to the application of Mr. C.M. MacLaren for the r e-zoning
of his property in Block 3, Ocean Park SUbdiVision, the Council was also of the
opinion that all property on Atlantic Avenue, east of the Canal, should be re-
classified as a Business Zone.
Mr. Kenneth Montgomery, being in the audience, suggested that t'he questioo.
be referred to the Planning Board as well as the Zoning Board, as they have
planned certain changes on Atlantic Avenue, east of the Canal, should it be
rezoned.
Mr. Edmond was instructed to make up a specific outline of the property,
and request the Zoning and Planning Boards to have a joint meeting to consider
the matter, and make their recommendations to the Council.
The following two letters were presented and read, as follows:
The Hon. Mayor
and
Members of the Council
"Delray Beach, Fla
November 30th 1946
Gentlemen:
At it's regular meeting, November 27th, The Delray Beach Woman's Club voted
unanimously to go on record as protesting the closing of the Municipal Pool.
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DECEMBER 9th, 1946.
The Woman's Club recognizes the necessity and importance of sanitary conditions
at the Pool, and strongly urges the City Council to take measures to permit the
continuance of this recreational point with full sanitary requirements.
Very truly yours
( Signed ) lIDTH L. BAILEY
Mrs.. Bishop A. Bailey
Corr Sec.
Delray Beach Woman's Club."
"December 9, 1946
The Honorable Mayor and Councilmen,
City of Delray Beach,
Florida.
.
Gentlemen:
At the regular meeting of December 3rd., the Delray Beach Junior Chamber of
Commerce, by unanimous resolution, expressed its desire that the operation
of the Municipal Swimming Pool not be discontinued.
Very truly yours,
DELRAY BEACH JUNIOR CHAMBER OF CCMMERCE
(Signed) MATT GRACEY
Matt Gracey,
Secretary."
M~or DeWitt advised the Council that Mr. Austin Burleigh, of the firm
of &nith & Gillespie," Engineers, who is familiar with the requirements of the
State Board of Health, had made a survey of the needed improvement.s at the pool
and would submit an estimate of the cost of these improvements to the Council at
a later meeting.
Miss Dorothea Galvin stated that at a recent meeting of the Board of
Realtors, they went on record as petitioning the Council not to abandon the
swimming pool.
Mr. Kenneth Montgomery advised the Council that the Association of Property
Owners will make this same request at their next meeting.
The following letter from the Seacrest Hotel was presented and read in full:
,
Honorable Mayor and
Members of the City Council
City Hall
Delray Beach, Fla.
"December 9, 1946.
Gentlemen:
We have had several discussions with various members of the Council relative
to the neon sign at Varno' s Tik Tok and it has been suggested that we write a .
letter to the Cbuncil.
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DECEMBER 9th, 1946
The light from this sign which burns until about one A.M. shines directly
in at least ten of our south side rooms.
We understand that this sign was erected on public property wi thout a
City permit and we respectfully urge that action be taken by the City to change
the location.
We would welcome a visit from any of the members of the Council to prove
our above statement.
Respectfully,
(Signed) DON S. DANKERT
Manager. "
The following letter which was written to }w. Varno by Mr. H.B. Adams,
Building Inspector, was also presented, and read, as follows:
...
"November 27, 1946.
Mr. E.H. Varno
Delray Beach, Florida
Dear Mr. Varno:
The City Council has directed me to order you to remove the sign which
you placed in the street in front of your place of business on the Ocean
Boulevard, Delray Beach, Florida, known as the Tik Tok.
The reason that the removal of this aign is ordered is that the same was
erected without obtaining a building permit as required by the ordinances of
the City of Delray Beach, Florida. You will please, therefore, remove this
sign within five days from this date.
Very truly yours,
(Signed) H. Ben Adams
Building Inspector."
Mr. Adams advised the Council that Mr. Varno had informed him that the
sign is in the same place it has always been, that it was only replaced by him
after it was damaged by a storm, and that he will remove it only on a Court order.
After discussion by the Council a motion was made by CounciJ.man White that
the Clerk be instructed to notify Mr. Varno that .the sign must be removed from
City property within five days, and if the sign is not removed within the
specified time the City will take the necessary steps to have it removed.
Mr. A.L. Greenwood, City Tax Collector, presented an application for a beer
and wine license at the Palm Grill, #7 North Federal Highway, in the name of
Charles J. Hafner, the new owner of the business.
A motion was made by Councilman White, seconded by Councilman Butler, that
license be granted, and upon call of roll carried unanimously.
Mr. Greenwood also presented an application filed by Oscar Hill for per-
mission to operate a Barbecue Pit on his property, Lot 9, Block 30, which is on
S.W. 1st Street one-half block east of 5th Avenue, which is practically on the
dividing line between the business and residential districts.
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DECEMBER 9th, 1946
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After discussion by the Council, the Clerk was instructed to refer the
application to the Zoning Board, and ask for their recommendation by the next
meeting of the City Council to be held December 23rd, if possible.
Mr. Greenwood advised of a d~screpancy in an assessment in Block 99 on the
1946 Tax Roll, and asked authorization from the Council to correct this error,
as follows:
The N. 60' of the S. 121.4' of the East 1/2 of Block 99 was assessed at
$15,400.00. This should have been the ~. 61.4' of the East 1/2 of Block 99, and
the assessment should have been $7,500.00. The S. 61.4' of the East 1/2 of
Block 99 was assessed for $6,420.00, and should have been described as the N. 60'
of the East 1/2 of Block 99 and assessed for $6,420.00. .
Upon motion of Councilman White, seconded by Councilman Butler, the Tax
Assessor was authorized to make these corrections in accordance with the above
figures, and to make the necessary changes on the Tax Roll.
Bills totaling $13,815.84, having been approved by two members of the
Finance Committee, were ordered paid, subject to the ,approval of the third
member of this Committee.
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Councilman Butler, Chairman of the Finance Committee, presented a letter
from Smith & Gillespie, Engineers, together with statement for payment due of
$12,250.00 on contract for preparing plans and specifications for Sanitary
Sewerage Improvements, as follows:
Mr., H.P. Edmond
City Manager
Delray Beach, Fla.
"December 2, 1946.
Dear Mr. Edmond:
Subject: Application No. Fla. 8-P-ll7
Sanitary Sewerage Improvements
Delr~ Beach, Florida
.
We herewith submit our invoice in duplicate in the amount of $12,250,
representing the first half of the fee for plan preparation under Article
IV, (b), (1), of our contract for engineering services dated October 7th, 1946.
The foregoing invoice will be payable on December 7th, 1946, 60 days
after the date of your letter of October 7th, 1946 authorizing us to proceed
wi th this work. We shall appreciate your clearing this invoice in order that
we might receive the payment during our 1946 business.
With kind personal regards, we are,
Very truly yours,
SMITH AND GILLESPIE
"
CWS.v
Encl. "
By: (Signed) C. WALLACE SMITH
C. Wallace Smith
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DECEMBER 9th, 1946
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A motion was made by Councilman Butler, seconded by Councilman Smith,
that this bill be paid from the Sanitary Sewer Improvements account which
was set up from Government Funds, for this purpose, and upon call of roll
the motion carried unanimously.
Councilman Butler presented the 6th estimate of the Nu-Way Plumbing Co.
for Water Works Improvements, in the amount of $6,593.39, and moved that this
bill be approved for payment. The motion was seconded by Councilman lfuite,
and upon call of roll carried unanimously.
The following ordinance was then brought up for second and final reading,
and same was read in full:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REGULATING
THE SPEED OF LOCOMOTIVES AND TRAINS IN THE
CITY OF DELRAY BEACH, FLORIDA.
BE IT ORDAINED by the City Council of the City of Delray Beach, as
follows:
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SECTION 1. No Engineer, Fireman, Conductor or other person in charge
of or controlling any locomotive or train of cars shall operate the same in
the City of Delray Beach, Florida ata greater rate of speed than twenty miles
per hour.
SECTION 2. Any person violating the proVls~ons of the foregoing Section
of this Ordinance shall upon conviction thereof be punished by a fine of not
exceeding $100.00 or by imprisonment in the City jail not to exceed sixty days
or by both fine and imprisonment in the discretion of the Court.
SECTION 3. Sections 1 and 2 of thi-s Ordinance shall become a part of the
City Code of Delray Beach and shall be added thereto as Sections 97 and 98, of
Chapter 17 of said code.
A representative of the Florida East Coast Railway addressed the Council,
explaining that they had been delayed in making changes in their tracks to
" prevent the blocking of Atlantic Avenue by not having been able to obtain the
materials for the 1-ork, but they now have the c ross-over ties needed and
should be able to complete the work t his week. He also stated that they were
ready to start construction of the extension of the platform, to allow trains
to make their stops without blocking Atlantic Avenue. This work will take two
or three weeks to complete.
The Council was also promised that action would be taken to slow down
the fast rate of speed of through trains, and to have all unnecessary whistle
blowing eliminated.
No action was taken on the foregoing ordinance at this time.
A letter from Mr. F.P. Medford, Jr., Ass't. General Freight Agent for
the Seaboard Air Line Railroad Company was read, as follows:
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DECEMBER 9th, 1946
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"November 27, 1946.
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Mr. J. W. Nowlin, City Attorney
Delray Beach, Florida
Dear Mr. Nowlin:
Referring to your letter of October loth, and my reply of October 14th,
relative crossing protection on Atlantic Avenue at the crossing of the Sea-
board Air Line Railroad Company in Delray Beach, Fla.
For your information, I am quoting below letter received from Mr. J. R.
Thorne, Superintendent, Jacksonville, Fla.:
"This crossing is not included on the program of the State Highway Depart-
ment, nor do we have funds in our budget for putting in this crossing protection.
There is not much encouragement, frankly speaking, that we can offer to the City
of Delray Beach at present. For several years during the war it was impossible
to secure materials for such installations and there accumulated a large backlog
of such projects which necessarily had to be deferred until conditions made it
possible to proceed. We now have a number of crossings in Florida and other
states programmed for this protection and are actively working on this program
in conjunction with the State Highway Department and other agencies concerned
to get signals installed and deliveries are slow. Further, you understand, the.
heavily traveled Federal and State Highways must be given first consideration
at such time as the equipment becomes available. This means that there are
many other crossings that will have to be protected first and we must ask for
the forebearance of local authorities during this period.
At the first opportunity, next time I am in the territory,
Mr. Nowlin myself and see if I can help compose the situation.
an Attorney whom I knew in Arcadia several years ago."
I will call on"
I believe he is
Very truly yours,
(Signed) F.P. Medford, Jr.
Assistant General Freight Agent."
A motion was made by Councilman White, seconded by Councilman McNeece,
that the Clerk be instructed to notify the Seaboard Air Line Railroad Company
that they must provide a watchman at this crossing within the next fifteen
days. Upon call of roll the motion carried unanimously.
Council
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Ci y Clerk
AP~:
Mayor
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