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01-08-64SpMtg JANUARY 8, 1964. A special meeting of the City Council of Delray Beach wa~ ~ld ~B ~e Council Chambers at 2:00 P.M., Wednesday, January 8thi '%~4 A1 ¢. AverF in the ~air, City Manager Robert J. ~ Attorney John Ross Adsms, and Councilmen Emory J. Barr~'. ~' e~oft, and George Talbot, Jr., Being present. "~' May0~ Avery called the meeting to order and announced thg~ same ~d been called for the purpose of Council appointment of a ~N~, tO f~ll the vacancy on the Council, and for any othe~%~iness ~'~ay come before the meeting. "~":'~ An opening prayer was delivered by City Clerk worthing. - Mayor Avery announced that he had been asked by the Co~ to make the following statement which had been sign~ by each Of the three Councilmen: "The City Council of the City of Delray Beach met i~ priVate and, after careful consideration and many hours of due liberation, unanimously voted to elect Jack Saunders to the one year unexpired Council term of Mayor Al. C. AVery. There were many fine residents of Delray Beach considered for this interim Council position. The CounCil unanimously felt that Mr. Saunders was an excellent choice fro~ many standpoints, and he has not been a controversial pOlitical candidate. 'Mr. Saunders is certainly qualifiedby, experi- ence in that'he served as Mayor of the City of Delray~Beach in 1949 and 1951. The Council felt that to facilitate plans for a progra~sive Council, they must choose a man of proven ability. The Council admits that ~he decision was a much deliberated one, s~ce there was an excellent field of prospects from which they could choose. Mr. Saunders is a native Floridian, being born in Orlando in I914, He moved to Delray Beach at the age of four and is a graduate of both grade and high schools in Delray Beach. Mr. SaUnders obtained a Business Administration Degree from the University of Florida, attended Princeton University and the ?heological School at ~mory Universi~y. Mr. Saunders served his country honorably in World war II as a Lieutenant J.G. in the United States Navy in the Solomon Islands and the Phillipine Islands campaigns. Mr. Saunders and his wife, Edna Lee, reside at 302 Southwest First Avenue in Delray Beach. The Saunders have four children; a son in the United States Air Force stationed in Tokyo, another son associated with Mr. Saunders in hisbusiness, Saunders Gulf Service On Seacrest BOulevard, and two girls in local schools. Mr. Saunders is a member of Caso~ Memorial MethodiSt Church and is Chairman of the Board of Trustees and is on the Board of Stewards of the Church. Mr. saunders is a member of the local K~Wanis Club and is a charter member of the Junior Chamber' of Commerce. Each of.the Undersigned hereby certi~fies that he ~toleheartedly endorses ~he.'selection of Mr. SaunderS, without reservation or equivocation." 1-8~64 Mayor Avery asked the City Clerk to poet the original copy of said statement on the bullettn board for a perio~ of one week. Mr. Talbot moved that Mr, Jack Saunders be appointed to fill the interim term of the Council seat vacated by Mayor A1 C. Avery, the motion being seconded by Mr. Barrow. Following comments by each Councilman and Mayor, the motion carried unanimously. Mr. Avery then asked Mr. Saunters if he would accept the appoint- ment to which Mr. Saundera answered that he would be most happy to do so. Mr. Saundera was invited to the Council table and subscribed to the Oath of Office given by City Clerk Worthing. Mr. Saunders said he felt it an honor to have been selected to serve on the Council at this time and that he looked forward with great anticipation to a good year for Delray Beach and thought that much could be accomplished for the betterment of Delfay 'Beach. city Attorney Adams informed the Council the City had been served with a suit'by the Marine Engine Equipment company and that the City is only a nominal party in the suit with the primary fendent being the Harry Pepper Company. ~tto~ey Adams said he did not feel they ha~ cause for a suit against the City but an answer should be filed, said answer being a motion to dismiss. Attorney_Adams'reminded the Council that there was Performance Bonds in existence on all of the Sanitary Sewage_Contractors guaran- teeing that there would be no liens against the City. Mayor Avery said he would entertain a motion that the City Attorney be instructed to make the necessary reply, and defense if necessary, it being so moved by Mr. Talbot. The motion was seconded by Mr. Barrow and carried unanimously. City Attorney Adams informed the Council that the Bond Validation hearing on the $1,550,000.00 Refunding Bonds would be held Thursday, January 9th, 1964 at 12:15 P.M.. at the Circuit court-in West Palm Beach with Judge Morrow-presiding, further, that City Clerk Worthing, Pinance Director Weber and Fiscal Agent C. T. McCreedywould testify for the City. City Clerk Worthing informed the Council that Attorney Henry D. Crowley is now qualified and has accepted the appointment as an Assistant City Prosecutor. The meeting adjourned at ~:15 P.M., by acclamation of Mayor Avery on motion by Mr. Croft and seconded by Mr. Saunders. City Clerk APPROVED: 181 JANUARY 6, 1964 A special meeting of the City Council of Delray Beach W~a ~eld ~ ~he council Chambers at B:00 P.M., it also being the ~%~izational Meeting, with Mayor Walter Dietz in the Chai~i,C~ty M~ger Robert J. Holland, City Attorney John Ross Adams e~d"~oPncil- me~ A1 C. Avery, Emory Barrow, George Talbot, Jr., and W~rd, Jr., being present. !. An opening prayer was delivered by the Rev. Paul W. 2. On motion by Mr. Woodard and seconde~ by Mr. Barrow, th9 ~nutes o~ the regular meeting of December 23rd, 1963 were unanimous~ ap- ~? Vtcs-MayorAvery said that according to the Charter he =ou~d ~t hold two offices, therefore, it w~s proper and necessary ~:this that he resign as city Co cilman in order hat he may ~me the office of Mayor to which he has been elected, and'~s~d that his resignation be accepted, it being so moved by Mr. Wood,rd. The motion was seconded by Mr. Barrow and carried unanimously. X. Mr. Woodard said it had been a pleasure working with the Council and that he appreciated all of the support and help the City Adminis- tration had been to the Council during the past two years. X. Mayor Dietz said he had enjoyed his two years as Mayor and that he would be ready to serve DelrayBeach in any way that the Council may wish'as long as it is non-political and fits in with his personal schedule. 4. Mayor Dietz declared this Council adjourned on motion by Mr. Barrow and seconded by Mr. Woodard. ANNUAL COUNCIL ORG~NI~TIO__NALMEETING 1. Mayor-F/eot A1 C. Avery and Councilmen-Elect J. LeRoy Croft and George Talbot. Jr., subscribed to the Oath of Office given by City Clerk Worthing. Mayor Avery said that as a new Council, embarking on a new year, he felt it was most appropriate to ask that God's Blessing be invoke~ on the new Council and their deliberations, and asked Rev. Gess to invoke said blessing. Mayor Avery asked City Clerk Worthing to read RESOLUTION NO. 1470. WHEREAS, WALTER DIETZ has unselfishly given of his time and ability as Mayor o~ the City for the past two years, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: That Waiter Dietz be and is hereby commended for his great contribution to the general w~lfare of the City of Delray Beach, Florida as Mayor. Unanimously adopted this 6th.day o£ January, 1964. Resolution No~ 1470 was unanimously passed and adopted on motion by Mr. Talbot and seconded by Mr. Barrow. 1-6-64 T~e City .Clerk then read.,RESOL~TION NO. 1471. WHEI~A$. OLIVER W. WOODARD, JR, has-unselfishly given of his time end .ability aS a City CounCilman £or the past two years, NOW, 'THEREFORE, B~ IT 'RESOLV~D ~Y THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH: That Oliver W. woodard, Jr. be and-is hereby commen~ed for his great contribution to'the general ~lfare of the City of Delray Beach, Florida as City Councilman. Unanimously adopted this 6th day of January, 1964. Resolution No. 1471 was unanimously adopted on motion by Mr. Croft and .seconded by Mr, Avery commented as foilows: '"I-will enter~ain a motion that Robert's RuIes, with the City Attorney as parliamentarian, shall be the order w~th poll oft he Councilmen as opposed to acclamation,, and that the roll call be alphabetical with the-Mayor voting last." Mr. Croft so ~Oved with the motion being seconde~byMr. Barrow and un- animously carried. Mayor Avery presented outgoing Mayor Dietz and outgoing Council- manWoodard each with a copy of their Resolution of c~m~endation,, and said the'CoU~il ~elt it~ould bee nicegesture to present the out- going Mayor with the gavel he had used throughout his term of office. City Manager Holland then presented outgoing Mayor Dietz with the gavel which had been engraved with his name and the years he had served as MayOr of Delray Beach. 2. Concerning appointment to fill the Council vacancy, Mayor Avery ..~d the Council had asked him to announce that the C6uncil would receive any names, petitions or suggestions from the public that they may have, as'to .who should occu~y the vac&ntCouncil seat, and a special COuncil meeting would be held at 2=00 P.M., Wednesday, January 8, 1964, for the purpose of voting on and installing the person the Council chooseS-reelect, further, that rthe Council would hoIda Private meeting, in the meantime,'for.~he purpose of discussion and sel~Ction .of an individual they woul~ ~°~se to appoint. The City Clerk read the following letter he had been requested to su~mit to Council: "The members oft he Counc~lknowthat James H. Scheifley was one of the four successful candidates in the Primary Election held November 19, 1963 and that in the General EleCtion held December 3, 1963 that he was only 111 votes -behind the successful candidate for the Council. We believe that as the next choice of the elect~ate that he is the most logical appo-intee. The attached petitions have been signed by 672 voters and indicate their desire tO ~ave Mr. 'Scheifley appointed, thereby expediting the completion of the Council membership and avoiding the expense of another city election." Mr. John E. Varney addressed the Council as folloWS:- "I have been asked to address you as spokesman of a large and representative group of Delray voters, who in this petition, are asking you esteemed Councilmen and you too, Mr. Mayor, reappoint James H. Scheifley to -2- 1-6-64 "the Council and fill the present vacancy. I ask the indulgence of you, honorable gentlemen, for a few moments to tell you what brought about this very unusual procedure for bringing to your attention in a crystal clear manner that there is no apathy a~oDg the' registered voters of Delray about the type of man ~that they~ want o~ their Council. Mr. Scheifley has had an executive busines~ back- gFound for many years with the Ford Motor Company of Detroit, b~.th ~i~ the United States and abroad, amply qualifying him for th~ ~O ~.u~cil seat as a man with a depth of respect and judgment broad understanding of economics and finance. Here is a ro~pd out ~tF~,e of man that fits the Councilman'-s~job- As a retired b~ ~ss ,e~e~utive he can afford to devote ample time and his full intp~st 6f ~he other man's viewpoints, honest and fair in his dealin~'~ith hi~ 'fellowmen. This is the man we submit to join your Couno~ ~nd wh~ the voters...from every section of Delray feel will fairly 9~e~ent them as is attested by the-signatures.from every, par~' O~ the Ol~, We have additional reason for asking you to appoint h~' your Council. He has earned the seat by coming within 111 votes of having been elected at the last election, and therefore is next in line of succession by vote. Upon our original urging of him .to run as an independent candidate he stood on his own two feet asking .not, nor. taking favor from, any faction. He ran a 'clean as a wash campaign' devoid of name calling, accusation or partisan. Here is a man who brings no complications to your midst. He has spent his time, hie efforts and money first in the primary and then came with- in 111 votes, of being one of you. Certainly we feel these are sound additional reasons for his-unanimous appointment. The thinking people of this City certainly do not want the appointment mf~a person someone has pulled out of a hat, and nearly seven hundred of us whose names fill these petitions as well as many. more .which: the holiday season prevented from signing do not want the appointment of a person whose name has been so chosen. The appointment should go to the man whose before-mentioned busines~s and economic qualifications,and for whom the vo%ers have already-a=tually voted. The alternative, of course, is to run another election and allow the voters to give you their choice which we.feel sure would-he_Mr. Scheifley whose record as a vote getter is well known. However., you can keep the millage down and save the City treasury that needless expense by your unani- mous appointment of Mr. Scheifley"to the vacancy, and we respectfully request that you do so. Thank you, gentlemen, for permitting me the opportunity of addressing you." Miss Dorothea Galvin addressed the Council as follows: "Mr. Mayor, Mr. Croft and Mr. Talbot, I wish to congratulate you gentle- men. I have seen you, Mr. Croft and Mr. Talbot on the Council for many years. I would l'ike to Uive to the Council a name that has been in the newspapers recently. That is Jack Saunders. ! realize that he did not seek election to the Council, but Mr. Saunders represents, I would say, and I am going to say my hair is gray, he represents the non-gray hair of Delray Beach; the younger business men of- the town. I have known Mr. Saunders for over twenty-five years. I was at his wedding and.a few weeks ago I was at his Silver Wedding Anniversary. He is an upstanding young man-~- He 'has .been .a Councilman. -He has been the Mayor of the town. He understands Delray thoroughly, and he understands our needs. We did not go out with petitions, because we feel that Mr. Saunders-is so well known in the town he will do an excellent job. Any man on the Council is going to do a good job. We know that or you gentlemen wouldn't be sitting there.. We think that a gentleman that has had the background of having been on the Council, having been Mayor, will-bring-knowledge tha~--the Council needs at the time. Thank you." There. were no other names submitted for possible a~pointment to -3- 1-6-64 ,I84 Council, nor did anyone suggest an eleC2ion being held for that pur- pose. Attorney Nell MacMillan'~ongratulated the new Mayor and Council- men and commented in favor of the appointment ofMr. Saunders to fill the vacancy on the Council, followed hymn. John Sword speaking in favor of the ap~ointment ofMr. Scheifley to said vacancy. 3. Councilman J. LeRoy Croft was unanimously appointed as Vice- M&yor for the coming year on motion by Mr. Barrow and seconded by Mr. Talbot. 4. There were no public releases. 5. Concerning Council meeting dates, Mr. Barrow moved that they remain the same, that being at 8~00 P.M. on the second and fourth Mondays of each month. The motion was seconded by Mr. Talbot and carried unanimously. 6. Mr. Frank Ellis of 553 Jaeger Driye, Tropic Palms Subdivision, inquired as %o the present status of the water set-up in their Sub- division, and City Manager Holland reported that ~onditions there should be taken care of within the next two or three Weeks. 7. Mr. Barrow moved that Mr. Robert J. Holland be appointed City Manager for the following year, the motion being seconded by Mr. Talbot. Mayor Avery stated that it had been moved and seconded that Mr. Holland be appointed City Manager to serve at the pleasure of this Council, and upon call of ro11, the motion carried unanimously. 8. Mr. James W. Nowlin, Jr. was unanimously appointed as Municipal Judge for the following year on motion by Mr. Barrow and seconded by Mr. Croft. 9. Mr. John Ross Adams was unanimously appointed as City Attorney for the ensuing y~ar, on motion by Mr. Talbot and seconded by Mr. Croft. 10. Mr. Talbot moved that Attorney ~harles Byron be appoin~ed as City Prosecutor for the ensuing year, the motion being seconded by Mr. Barrow and unanimously carried. X. Attorneys Charles Byron, Paul E. Grtngle and W. C. Williams, III, were unanimously appointed to serve as JudgesAd Litem for the ensuing year on motion by Mr. CrOft and seconded by Mr. Talbot. X.'~ Concerning the Assistant City Prosecutors, Mayor Avery commented as follows~ "It has been suggested that Paul Gringle, W. C. Williams, III, and Mr. Henry Crowley, if and when Mr. Crowley becomes 9ualified and accepts the appointment, b~ appointed the Assistant City Prose- cutors. What is your pleasure, gentlemen?", it being 'so moved by Mr. Barrow. The motion was seconded byMr. Croft and carried unanimously. The Councilmen and Mayor each expressed their pleasure at being privileged to serve the City of Delray Beach in the capacity to which they had been elected and that they would endeavor to serve to the best of their ability. X. Concerning the City parking lots to be constructed as a result of exchange of City property for other property recently, City Clerk Worthing said that since there was an urgent need for said parking lots he felt it would be in order for the Council to authorize the City Manager to dispose of the buildings on those lands in any manner that he sees f~t in order to achieve the purpose desired by -4- 1-6-64 douncil in providing.parking spaces at the earliest possible date. Mayor Avery informed the Council that he WOuld entertain a motion that the City Manager be authorized to dispose of said buildings to the best interest of the City, it being so moved by Mr. Taibot. The motion was seconded by Mr. Barrow and unanimously carried. The meeting adjourned at 8=45 P,M. by order of Mayor Avery on motion by Mr. Talbot~and seconded by Mr. Barrow. R. D~ WORTH~NG ... City Clerk APPRO%~D = MAYOR -5- 1-6-64