11-17-81SpMtg NOVEM]IER 17, 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 17, 1981, with Mayor Leon M. Weekes, presiding and City Manager
Robert H. Fisk, Assistant City Attorney Herbert W.A. Thiele, and Council
members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and
Malcolm T. Bird, present.
Mayor Weekes called the meeting to order and announced that
same had been called for the purpose of (1) Considering adoption of
revised budget for City Attorney's Office and (2) Considering settlement
in E & R Products, Inc. versus City of Delray Beach and City of Delray
Beach versus Edward W. Reisig and E & R Products, Inc.
1. The Assistant City Attorney reported that each of the Coun-
cil Members had been furnished with a copy of the revised .budget,
setting forth a twelve-month as well as a two-month breakdown.
Mrs. Durante recommended that Council adopt the two-month/
ten month budget since there are two separate operations within the City
Attorney's Department. The ten-month budget would be used for in-house
legal services and the two-month budget would close out the contract
part of the budget.
The City Manager stated that he could perceive no problems
if this budget was adopted, and that it may show a better breakdown of
where the cost is going.
Mr. Bird asked if through this type of budget would there be
a better feel for what the true costs are or would the non-recurrables
be taken out and put into a separate category. Mrs. Durante replied that
in the budget these items are already separated, but suggested that they
look at the in-house budget for ten-months to find out what the cost Us
and not to include the expenses of the two-month where they did not have
an in-house budget. There is still some contract work with the City
Attorney, but she would like to see it included in the ten-month budget;
although Council will be going to in-house for ten months they will be
paying a transition funding for a period of time and that is broken out
as a one-time charge. She asked if the transition amount had been
arrived at after the City Attorney and the Assistant City Attorney had
decided what work to finish up before December and what work has to be
turned over to the in-house attorney.
The Assistant City Attorney replied that the amount was
partially based on the anticipation that the new building may not be
ready and that the Attorney's Office will not be able to occupy it until
the second week in December. If, however, there would be a problem
concerning the amount he would find no difficulty in reducing it.
Mrs. Durante moved to accept the adoption of the revised
budget with the ten-month and two-month budget separation and with the
amended reduction of the line item for funding for the transition period
to be reduced by $10,000, seconded by Mr. Scheifley. Said motion passed
unanimously.
Mr. Bird moved to accept the motion to adopt the salary and
fringe benefits as outlined for the City Attorney's Office, seconded by
Mr. Blair. Said motion passed unanimously.
2. The Assistant City Attorney reported that this settlement is
litigation that the City is currently involved with. It involves a suit
for damages and also other actions including specific performance
against the City. The City has also lodged a counter suit against the
same Corporation and its Principals, for injunctive relief. He stated
that the City Attorney's Office is in receipt of a request from .the
Attorney for the plaintive, E & R Products, to settle the matter. The
basics of the settlement offer are that the City would agree that they
are now, and shall continue to be, a valid nonconforming use at their
tain agreements about the location of the equipment within the building.
There is also an agreement with the City whereby no other ordinances
are waived including the noise ordinance which might be applicable. The
City has also agreed to issue to them occupational licenses and building
pe~its upon the payment of the necessary fees. The Assistant City
Attorney stated that he feels that this will resolve the litigation.
Mr. Blair moved to accept the recommendation that the City
Attorney's Office settle the case, seconded by Mrs. Durante. Said
motion passed unanimously.
Mayor Weekes declared the meeting adjourned at 7:14 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 17, 1981, which minutes were
formally approved and adopted by the City Council on ~l-.~/ /~.~>/ .
%
./ City Clerk
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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