11-03-81SpMtg NOVEMBER 3, 1981
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:05 P.M.,
Tuesday, November 3, 1981, with Mayor Leon M. Weekes presiding,
City Manager Robert H. Fisk, City Attorney Roger Saberson and
Council Members Charlotte G. Durante, Malcolm T. Bird and Leo A.
Blair present. Councilman James H. Scheifley was absent.
Before the meeting was called to order Mayor Weekes introduced
Pat DiAtrio and Cub Scout Pack 304, Den 1. The Cub Scouts entertained
Council with a song and then made Mayor Weekes an Honorary Member of
the pack. Council Member Blair was also presented an Honorary
Membership for attending their pack meeting and. giving a talk on
citizenship.
Mayor Weekes called the meeting to order and announced that
~ame had been called for the purpose of (1) Considering ratification
)f SCRWTD Board Action regarding increase of the wholesale sewer rates,
(2) Considering road impact fee - Crosswinds and (3) Considering
~etaining outside Counsel in regard to the Lou Martin disciplinary
hearing.
1. Mayor Weekes reported that the SCRWTD Board is considering
increasing wholesale sewer rates.
Mr. Bird moved to accept the Board's decision, seconded by
Mr. Blair. Said motion passed unanimously.
2. Hr. Bird recommended that the City Council not approve the
agreement for road impact fees for Crosswinds; that in the future
the traffic impact fees should be handled in Palm Beach County by
the Developers who sign a statement acknowledging the existence of
the Ordinance that it is in litigation. In the event that it is
held valid, they will pay the fee.
Mr. Bird moved to accept the recommendation, seconded by
Mrs. Durante. Said motion passed unanimously.
3. The City Attorney recommended that the firm of Mueller and
Mintz be retained by the City to represent them with regard to the
Lou Martin disciplinary hearing. The representative would be Mr.
Jim Crossland who works with that firm. He stated that he feels
it would be appropriate in this instance to have outside Counsel
because they would not be familiar with the party or the situation
and would be more effective in representing the City than himself
or Mr. Thiele who have worked with Mr. Martin for several years.
Mrs. Betty Matthews, 1024 White Drive, spoke before Council
and stated that she could not understand why the City Attorney or
Mr. Thiele could not represent the interests of the citizens of the
City when that is their role in the community. She argued that the
role of the City Attorney is to represent the City and she could
not understand why there has not been a straight forward dealing
ith this problem, especially when the party involved did not ask
or a hearing.
Mayor Weekes replied that the City is acting on the advice
of the City Attorney, and for as long as they have an Attorney he
will respond to his recommendations.
The City Attorney stated that he understands there has been
some public concern and comment about why there is a hearing. The
reason for the hearing is because it is constitutionally required
that a tenured employee have a procedural due process hearing
before disciplinary action is taken. This kind of action has been
reiterated in three or four Supreme Court cases within the last
ten years.
Mr. Mort Yarmy, Pines of Delray, spoke before Council and
asked what the function of the outsi~e Counsel would be.
City Attorney Saberson replied that it would all depend on
what happens at the disciplinary hearing, whether or not Mr. Martin
has his own counsel present. The outside Counsel could possibly
function as a trial lawyer in a mini-hearing before the City
Manager, or as a trial lawyer in front of the Civil Service Board
and represent the City in those proceedings.
Mayor Weekes stated that the determination of disciplinary
action will be made by the City Manager and not by the Attorney.
Mrs. Durante moved to accept retaining outside Counsel,
seconded by Mr. Blair. Said motion passed unanimously.
Mayor Weekes declared the meeting adjourned at 7:16 P.M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk ~of the City of Delray
Beach and the information provided herein is the minutes of the
meeting of said City Council of November 3, 1981, which minutes
were formally approved and adopted by the City Council on ~.
.
erk
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.
11/3/81