01-07-63SpMtg JANUARY 7, 1963.
A special meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., it also being the Annual Organ-
izational Meeting, with Mayor Walter Dietz in the Chair, City Manager
Robert J. Holland, City Attorney John Ross Adams and Councilmen A1 C.
Avery, George Talbot, Jr., and Oliver. W. Woodard, Jr., being present.
1. An opening prayer was delivered by City Clerk Worthing.
2. On motion by Mr. Woodard and seconded by Mr. Talbot, the minutes
of the regular meeting of December 17th, 1962 were unanimously ap-
proved.
3. Mr. Woodard then moved that the present Council adjourn. The
motion, was seconded by Mr. Talbot and carried unanimously.
ANNUAL COUNCIL ORGA.NIZATIONAL M~ETINq
I. Councilman elect Emory J. Barrow was invited to the Council table
and together with Councilman elect A1 C. Avery subscribed to the Oath
of office given by City Clerk Worthing.
2. Mr. A1 C. Avery was unanimously appointed Vice-Mayor on motion by
Mr. Woodard and seconded by M~. Talbot.
City Clerk Worthing then read RESOLUTION NO. 1433.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, CREATING THE OFFICE
OF VICE-MAYOR FOR AND DURING T~E TERM OF THIS
C0~NCIL AND APPOINTING A COUNCILMAN TO SAID
OFFICE.
WHEREAS, the City Council, by Section 28 of the City Charter, is
authorized to create such offices as may, in its judgment, be neces-
sary for the government of said city; and
WHEREAS, the Council deems it for the best interests of the City
to create the Office of Vice-Mayor for and during the term of this
Council, and to make an appointment to the same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
· OF DELRAy BE~CH,.F~ORIDA, ~S FO~: ..
SECTION 1. The Office of VicemMayor is hereby created for and
during the term of this Council.
SECTION 2. A1 C. Avery is hereby appointed to said position.
PASSED AND ADOPTED on this .the 7th day of January, 1963.
Resolution No. 1433 was unanimously passed on motion by Mr.
Talbot and seconded by Mr. Woodard.
'3. City Clerk worthing read the following letter from Mr. Robert E.
Woodruff, dated December 19, 1962.
"Please know we are pleased and grateful for your quick action
in removing the picnic tables (and hazards created thereby)
from the grass along South Ocean Boulevard. And also for the
replacement of trees and grass and beach sand. The tides will
fill up the holes made in' surf in good time. You are doing a
fine job." 1-7-63
4. Concerning Co~Xt%~i~eeting dates for 1963, Mr. Avery moved that
this Council set~ official meeting dates as the second and
fourth Mondays of e~ month at 8=00 P.M. The motion was seconded
by Mr.'Woodard and carried unanimously.
City Clerk Worthing then read RESOLUTION NO. 1432.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING THE
SECOND AND FOURTH MONDAYS OF EAC~ MONTH AS
DATES FOR HOLDING REGULAR COUNCIL MEETINGS.
WHEREAS, Section 26 of the City Charter of the City of Delray
Beach, Florida, requires at least two regular meetings of the City
Council each month,
BE IT RESOLVED~YTHE CITYCOUNCIL OF THE CITY OF DELR~Y BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. That the Second and fourth mondays 'of each month are
designated as dates for holding regular council meetings.
SECTION~2. ~Xn the event the second or fourth Mondays of any
month should fall on a legal holiday then said regular meeting
should be ~eJ~,~n the following Tuesday.
PASSED AND ADOPTED on this the 7th day. of January~ 1963.
Resolution~%'. 1432 ~as unanimously adopted on motion by Mr.
Avery and seconded by Mr~ Talbot.
5. Mr. Charles Sen~or of Florida Power and Light¢omDany 9resented
the City a check in the am6untof $57,515.32~which t~gether with
$%3,203.85 in tax.payment to the city represented Franchise Tax
on electricity for one year period ending November 30, 1962.
6. Mr. Avery-moved for the appointment of'Mrl Rbb~rt Holland to be
City Manager t~%~e'rve in accordance with the Charter provisions at
the pleasure of the Council. The motion was seconded'by Mr. Barrow
and carried unanimoualy.
7. Mr. Wooda=d s%a~ed that he felt James W. Nowlin, Jr.. had been
doing an outstanding Job as Municipal J~4ge and moved'that he be
continued in that post, the motion being seconded b~Mr.. Talbot and
unanimo~ty carried.
Mr. Woodard then move~ for the appointment of three ~o'serve as
Judge Ad Litem, on equal basis, those being Paul~
Williams. III., and Charles Byron. The motion was seconde~4~yMr.
Talbot and carried unanimously.
8. Mr. Talbot moved that Attorney John Ross Adams be retained to
serve as City Attorney in accordance with the City Charter, the motion
being seconded by Mr. Barrow and unanimously carried.
X. Mr. Avery moved that the City Attorney be designated as Parlia-
mentarian for the Council and to ogerate under.Robert's Rules of
Order with the same exceptions as designated by agreemen= in 1962,
the motion being seconded by Mr. ~bodard and unanimously carried.
X. It was reported that there was a request from Mrs. Broward
McClellan fo~ the City-to sponsor a ulass at the Bethesda Memorial
Hospital Horse Show. That i~ ~he past the City of Delray Beach had
subscribed ~o a $100~'00 a~vertieement ~n the Horse Show:Program, and
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that other communities in the Bethesda Hospital area, in addition to
taking the advertisement, have taken a class sponsorship in the
amount of $200.00, Mrs. McClellan's request being that the City of
Delray Beach put itself on an equal basis with the neighboring
communities.
Mr. Barrow moved to appropriate the $200.00 as requested, same
to be taken from the Contingency Fund. The motion was seconded by
Mr. Avery and carried unanimously.
X. City Clerk worthing read the following letter from Pomeroy L.
Dunbar, R/W Agent for Palm Beach County, dated .December 26, 1962.
"Mr. Warren Grimes has indicated his willingness to donate
right of way required for the widening for State Road 806
along his property on the South side of said.road between
the E-4 Canal and Golfview Estates conditioned in part upon
no side walk being constructed in that section.
"It is my understanding that a full municipal section which
would include side walk construction was intended to the West
city limits. Before making recommendations to the State Road
Department on this matter we would like to know the City's
position in the matter, will you kindly advise us."
Mr. Avery moved that Mr. Dunbar be informed that the City of
Delray Beach will waive the construction of a sidewalk on the South
side in the area considered, with the understanding that a sidewalk
will be on the North side. The motion was seconded by Mr. Barrow
and carried unanimously.
X. Mayor Dietz stated that it is his desire that the City Clerk be
requested to save all recordings of all CoUncil meetings, regular
m~et~gs, special meetings, budget meetings, engineer's meetings'
having ~o do with sewerage and drainage, fiscal agent meetings,
equa~'ization meetings, public drainage meetings, and, in fact, all
meetings that have anything to do with the Council, for a oeriod of
five years.
Mr. Avery asked if the Council has the legal right to commit
this policy beYOnd the term of this active Council, to which City
Attorney Adams answered: "Yes, except that future Councils would
.have the right to undo it if they would feel like it."
Mayor Dietz stated that all he is asking is that the recorded
verbal conversation be on file for the Council of 1962 and 1963, it
being so moved by Mr. Woodard. The motion was seconded by Mr. Avery
and carried unanimously0
X. Mayor Dietz commented as f°llows: "The Chair would like to suggest
that our standard Agenda to be used in 1963, in which it is any one's
privilege to put on any item he desires within the limits%est down by
the City Manager, that if an item is put on the Agenda by the City
Clerk it shows that it originates with the City Clerk. If an item be
put on by the City Manager, it shows that it originates with the City
Manager. If the item is put on by a Councilman it shows by which
Councilman the item on the Agenda originates. This is just, I think,
an orderly procedure in view of the fact that every one is privileged
to put items on the Agenda. May I have such a motion."
Mr. Avery moved that this policy be adopted, the motion being
seconded by Mr~ Talbot and unanimously carried.
X. Mayor Dietz commented as follows:' "The Chair would like the
Council to authorize the City Attorney and the City 'Clerk to get such
Charter changes prepared for the Council's approval on February llth
meeting for the meeting of February 15th and also if it is possible
for them to consider that we are going to have a sewer and water
department with possibly a superintendent reporting directly to the
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City Manager. At any rate, the purpose here W°u~d. be'.to aUthoriZe
the City Attorney and the City Clerk toprePare thiSmaterial.
Nothing will b~ acted upOn.UntiI it is given t~the coungi1 for it,s
approval, but Since the meeting is February 15~h, it is time to do
the preliminary work."
Mr. Wo0dard moved that the CitY Att0rney'and City Ci~rk formulate
suggeSted Charter changes and present ~themto council at.the first
opportunity. The motion was seconded'~by Mr.~Talbot and 'carried
unanimously.
The meeting adjOurned at 8:30 P.M., on motion by Mr. Avery.
..... R, D. W0~TH. ING
'City Clerk
MAYOR
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