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
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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.
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