11-05-85SpMtg NOVEMBER 5, 1985
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, November 5, 1985.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Marie Horenburger
Council Member Arthur Jackel
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of (1) considering settle-
ment offer regarding Lillian Phyfe vs City of Delray Beach; and, (2)
considering off duty police officer policies.
1. The City Attorney advised that Council is to consider respond-
ing to a $75,000 settlement offer from the plaintiff for a case involv-
ing a trip and fall on a sidewalk over a water meter casing which was on
private property adjacent to the sidewalk. The insurance company's
lawyers feel the plaintiff will take $60,000 in settlement of the case
and have proposed that Council authorize an arrangement to be worked out
with the property owner to split the $60,000 on a 50/50 basis. Upon
question, the City Attorney advised that Mrs. Phyfe has spent about
$30,000 toward medical expenses and that there will be no contribution
by the insurance company.
Upon question by Mr. Weatherspoon, the City Attorney explained
that the plaintiff's allegation is that the City has a duty to maintain
meters and areas surrounding meters so as not to cause a hazard to
pedestrian traffic. The City's allegation is that when it's broad
daylight you should watch where you are walking; it wasn't an attractive
nuisance. It was not cracked concrete; it was basically a lowering of
the sidewalk before you reached the water meter and they felt the
property owner owed some obligation to maintain it also. The question
is whether an elderly woman with a compound arm fracture is going to win
in court and how much negligence is going to be attributed to her. His
analysis is that the City will be tabbed for something. His personal
feeling on cases like this is he would rather litigate than settle them.
Mayor Campbell requested that when the City goes into Court
with a jury trial that they make it known publicly so that interested
citizens may attend that trial and know that it is their money that will
be affected by the decision made there.
Mr. Bird moved that an amount equal to one-half of the medical
expenses be offered as a counter-offer, assuming that the property owner
would be equally willing to share the other half of those direct out-
of-pocket expenses, with a cap of $30,000; $15,000 from the City and
$15,000 from the property owner, seconded by Mr. Weatherspoon. Upon
roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -
Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
Before roll call, Mr. Weatherspoon stated he feels there is no
way she will settle for that but he will go along with the motion. Upon
question by Mrs. Horenburger, the City Attorney advised there is the
possibility that Mrs. Phyfe will incur additional medical expenses. Mr.
Bird felt that they, the property owner or the City, should not have the
responsibility of covering all the expenses.
At this point the roll was called to the motion.
2. The City Attorney stated that the City has a request from
Atlantic High School to provide them with officers in the same number
and the same methodology that they have done with the Sheriff's Depart-
ment in years past. For example, the Sheriff's Department would provide
the school with ten officers for a football game and then bill the high
school a set fee per person per hour. There are two remaining major
football games for Atlantic High School this season. It is recommended
the contractual relationship for these two games only would be a start;
they could then negotiate the process during the course of the year.
Secondly, they have requested a paramedic unit to be on the scene. They
suggest that Council assign a paramedic unit to the Atlantic High School
football field for the duration of the season on an on-call basis to the
rest of the City. The amount of money the City would bill them would be
based upon what the average officer's, sergeant's or lieutenant's time
and a half salary is, plus an administrative fee. The City Attorney
stated it should be kept in mind this would involve a waiver of their
insurance requirements because the School Board and the City are totally
self insured this year.
Mrs. Horenburger moved to authorize entering into a contract
for these two football games, seconded by Mr. Weatherspoon.
Before roll call, upon question by Mr. Bird, the City Attorney
stated his understanding is that those events which are attendant to the
Homecoming activities would be part of this arrangement.
Mrs. Horenburger amended the motion to include special activi-
ties attendant to the games which are on the 8th and 22nd of November,
seconded by Mr. Weatherspoon. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather-
spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0
vote.
Mayor Campbell declared the meeting adjourned at 7:24 P.M.
Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Council of November 5, 1985, which minutes were formally
approved and adopted by the City Council on 7~</.~/~
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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