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12-28-81SpMtg DECEMBER 28, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 4:05 P.M., Monday, December 28, 1981, with Mayor Leon M. Weekes presiding, Acting City Manager Elizabeth Arnau, City Attorney Herbert W.Ao Thiele and Council Members James H. Scheifley, Charlotte G. Durante, Leo A. Blair and Malcolm T. Bird present. Prior to the meeting, Mayor Weekes stated that with regard to the proposed bond issue he wanted to report to Council that he has met with Mrs. Harris and her attorney. This morning he received a response from attorney Strawn indicating that Mrs. Harris would hold her property off the market to give the City an opportunity to have the referendum, and if it were successful, the sale price of the property is $50,000 per acre (16% acres). She does have other prospective buyers at that price. Mayor Weekes also reported that on January 7, 1982 at 9:00 A.M., the County Commission is going to discuss the funding for the City's beach maintenance program and possibly the Swinton drainage project. He feels the City should be represented there and asked that Vice Mayor Scheifley attend that workshop. He also requested that the resolution being passed at this meeting be hand carried to the Commis- sion so they will have it prior to their workshop. Mr. Scheifley re- quested that the City Engineer accompany him to this workshop. Mayor Weekes called the meeting to order and announced that same had been called for the purpose of (1) Considering City Manager appointment and (2) considering drainage -- Swinton Circle. 1. Mayor Weekes reported that the City has two candidates under ~-~nsideration, both of whom have indicated a willingness to discuss the appointment with the City were it offered to them. The matter before Council is to consider which one of these gentlemen, Gordon Tiffany or Richard Orman, the City will offer the position to. Mr. Bird advised that he found both gentlemen to be qualified in all respects to do the job. However, he found that Mr. Orman had some outside pressures that might make it more difficult to accept. He would favor Mr. Tiffany. Mr. Blair stated he spent quite a bit of time with both of them. All things being considered, he would favor Mr. Tiffany. Mrs. Durante advised that she was very impressed with Mr. Tiffany. She also stated she had knowledge of Mr. Orman before the interview and has had some contact with him since he has been at FAU. She would agree with Mr. Bird that both candidates are highly qualified; however, she would favor Mr. Tiffany as she feels Mr. Orman's involve- ment with the University and other private involvements would present a commencement time problem. Mayor Weekes concurred with Council's comments; he believed that Mr. Orman's commitment to the university is a negative as he could not come on line as a full time City Manager until May 1st. He would also favor offering the position to Mr. Tiffany. Mr. Bird moved that the position of City Manager be offered to Mr. Gordon Tiffany, seconded by Mrs. Durante. Said motion passed unani- mously. As to the specifics of the proposed offer to Mr. Tiffany, Mayor Weekes reported he met with Mr. Tiffany this morning and worked from the proposal offered to Sam Ackley. Mayor Weekes stated he felt it was proper to offer Mr. Tiffany the same as was offered to Mr. Ackley which is $46,000 annually, same deferred income in the way of pension, same moving expense allowance, and a city vehicle for use locally for per- sonal use, but not outside of the normal of one's travel in the County. Regarding severance pay, Mr. Tiffany felt that the Manager needed more protection early on with regard to termination pay than he did later, since a manager coming into a City has to incur certain things on the front end. However, he is willing to go along with what- ever the Council deems is fitting and proper. Mayor Weekes reiterated the offer to Mr.Ackley in this regard - one month's pay if terminated during the first year, two month's pay in the second year and three month's thereafter and no termination pay for voluntary leaving of the City. However Mr. Tiffany mentioned the possibility where it might come down to a resignation under pressure, and it may not serve the best interests of either party, i.e., he may be forced into the position of being fired to get his severance where you could arrive at a forced resignation otherwise, which might be in the City's better interest. Mayor Weekes recommended that there should be some mechanism in the contract that would allow Council an escape clause. Mr. Bird sug- gested incorporating a statement to the effect that a requested resig- nation may be treated by the Council as a firing for the purpose of severance pay; then the amount stipulated would still run and the only decision for Council to make then would be a decision as to whether or not the resignation was in lieu of a discharge. Mrs. Durante stated that the City is in a box now by having to offer Mr. Tiffany $46,000, the same as Mr. Ackley, when $44,000 was originally budgeted. She wished to state for the record that she is not in favor of this. Mr. Bird moved that Mr. Tiffany be offered the same terms of employment as presented to Mr. Ackley with the exceptions as have been noted, that the Mayor be authorized to make that tender of employment, with the starting date of February 1, 1982, seconded by Mr. Scheifley. Said motion passed unanimously. 2. The City Attorney presented Resolution No. 101-81. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REAFFIRMING ITS COMMITMENT TO PARTICI- PATE IN THE JOINT PROJECT WITH PALM BEACH COUNTY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS 'AT SWINTON CIRCLE AND VICINITY, AND REQUESTING THAT PALM BEACH COUNTY ALLOCATE ITS SHARE OF THE FUNDING FOR THIS PROJECT AS SOON AS POSSIBLE; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 101-81 is on file in the official Resolution Book) Mr. Bird moved for passage of Resolution No. 101-81, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes recommended that this resolution be delivered to Commissioner Gregory and Mr. Sansbury prior to the meeting of January 7th. Mayor Weekes declared the meeting adjourned at 4:30 P.M. ATTEST: ~ ~' Clerk M A Y O R - 2 - 12/28/81 223 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 December 28, 1981 which minutes were formally approved and adopted by the City Council on 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. - 3 - 12/28/81