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04-05-76SpMtg APRIL 5, 1~_76. A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Mon- day, April 5, 1976, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Grace S. Krivos, David E. Randolph and Aaron I. Sanson, IV. present. 1. The opening prayer was delivered by Rev. Richard Butler, Williams Temple, Lake Harbor Church. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular Council meeting of March 22, 1976, and Special Meeting of March 30, 1976, were moved for approval by Mrs. Krivos, seconded by Mr. Randolph. Mr. Sanson asked that in the minutes of the March 22, 1976, meeting under Item 6.e.the motion to retain Mr. Paul Pothin as a union negotiator for the City reflect "subject to the '$1500 cap" and under Item 10 the minutes should read payable to "Alley, Alley and Blue". Mrs. Krivos and Mr. Randolph accepted the corrections. The motion passed unanimously. 4.a. Mayor Scheifley presented a plaque to Mrs. Krivos in reqog- nition of her service on the City Council of Delray Beach. 4.b. Mrs. Krivos expressed her appreciation to all the many em- ployees of the City and to the citizens of Delray Beach, and wished the best to the City Council in its endeavors. Mr. Randolph stated he would continue his efforts toward making Delray Beach one of the finest cities anywhere and thanked the citizens of Delray Beach for their support in the past and asked for their undivided support in the next two years. Mr. Sanson offered°his appreciation to Mrs..'K~i vos for her advice and guidance and expressed the hope that she would continue to take an interest in issues concerning the City. 5. Mr. Randolph moved for adjournment of the meeting, seconded by Mr. Sanson, said motion passing unanimously. The Special meet- ing adjourned at 7:43 P.M. ANNUAL ORGANIZATIONAL MEETING OF COUNCIL 1. Mayor James H. Scheifley and Councilmen-elect David E. Ran- dolph and Leon M. Weekes subscribed to the Oath of Office adminis- tered by City Clerk Elizabeth Arnau. 2. Mr. Aaron I. Sanson, IV., was unanimously elected to the position of Vice-Mayor for one year on motion by Mr. Weekes, seconded by Mr. Randolph, with Mr. Sanson abstaining. 3.a. Mr. Randolph reiterated his statements of the previous meet- ing adding the hope that the Council would be cohesive in its efforts to do'that which is best for the City of Delray Beach.~ Mr. Sanson stated it was his hope that Council would have as its priority the future growth of the City, resolve the municipal pool issue and be able to work together as a cohesive unit. Mr. Weekes stated it was good to be back on the Council after a year's absence and looked forward to a productive year. 3.b. Mayor Scheifley advised that he would like to mention the following 13 objectives which he sees as the major problems facing the City, not necessarily in order of importance: 1. Renourish the beach. 2. Strive to reduce densities in the City. 3. Work for the completion of the Regional Sew.age Plant. 4. Work for the completion of the Robert P. Miller Park. 5. Strive to improve and/or eliminate substandard housing. 6. Consider the building of a mausoleum. 7. Work for the expansion of our water plant. 8. Establish a mini-PERC. 9. Build a new Public Works Complex. 10. Build a new fire station east of the Intracoastal. 11. Eliminate the municipal pool on the beach. 12. Beautify the City. 13. Reduce crime in the City. 4. Mr. Randolph moved that this Council continue with the regular Council meeting dates on the second and fourth Monday nights of the month at 7:30 P.M. as in the past, seconded by Mr. Sanson, said motion passing unanimously. 5. Mr. Sanson moved that a vacancy be declared in the seat of former Councilman Andrew M. Gent, seconded by Mr. Randolph, said motion passing unanimously. 6. Mayor Scheifley read a proclamation recognizing the Scholar- ship Concert Choir of Delray Beach. 7.a. City Attorney Saberson advised that this item refers to the case of George Clemens vs. the City of Delray Beach and numerous individual defendants who are employees of the City or former em- ployees. Council discussed at the workshop meeting of March 31 the retention of legal counsel for several of the individual de- fendants who Mr. Blue feels he can no longer represent, and several of the defendants had agreed to the representation of Mr. Becker, an attorney from Boca Raton. Mr. Weekes moved for the retention of legal counsel for the individual defendants in the Clemens' case that the individual defendants can agree upon, seconded by Mr. Ran- dolph. Mr. Sanson asked what the fee would be for this counsel and was advised by the City Attorney that it would be $60.00 an hour, the same as Mr. Blue is paid to represent the City. The motion pas- sed unanimously. 7.b. City Attorney Saber~on advised that he is prepared to recom- mend to Council that they retain the services of the Cresap, Mc- Cormick and Paget firm for the investigation and evaluation of the Police D~partment. The City Attorney s{ated that if the firm was approved at the April 12 Council meeting, the investigation could begin, from two weeks to 30 days after the date of approval with a completion date of one month after they begin and two additional months for the evaluation. - 2 - 4-5 -76 8.a. The City Manager asked for the appointment of City Attor- ney and Assistant City Attorney. Mr. Randolph moved for the appoint- ment of Mr. Roger Saberson as City Attorney and Mr. Clifford Shandy as Assistant City Attorney to serve for indefinite terms at the pleasure of Council, seconded by Mr. Sanson, said motion passing unanimously. 8.b. The City Manager asked for the appointments of Municipal Judge and Judges Ad Litem. Mr. Weekes moved that Ernest G. Simon be appointed Municipal Judge and James W. Nowlin, Jr., and Paul E. Gringle be appointed as Judges Ad Litem for a period of one year, seconded by Mr. Sanson, said motion passing unanimously. 8.c. City Manager Mariott asked for the appointment of City Prosecutor. Mr. Sanson moved for the appointment of Mr. I. C. Smith as City Prosecutor for a period of one year, seconded by Mr. Randolph, said motion passing unanimously. 8.d. The City Manager asked for the appointment of Assistant City Prosecutor. Mr. Randolph moved for the appointment of Mr. Norris Rickey as the Assistant City Prosecutor for one year, seconded by Mr. Sanson, said motion passing unanimously. 8.e. The City Manager asked for the appointment of Public De- fender. Mr. Weekes moved for the appointment of Mr. David D. Centola as Public Defender for one year, seconded by Mr. Randolph, said motion passing ur~nimously. . ' 8.f. The City Attorney recommended that a motion be made con- cerning the appointments to the Municipal Court in the event Municipal Courts are terminated. Mr. Sanson moved that all the appointments to the Municipal Court be subject to the condition that the appointments would terminate-upon the effective date of the abolition of the Municipal Courts as dictated by State Law, seconded by Mr. Weekes, said motion passing unanimously. 9. City Manager Mariott called for the appointments of Com- mittee and Board members, stating that the first committee to be considered is the Beautification Committee. Mr. Weekes moved the following persons be appointed to the City Beautification Committee for the year, seconded by Mr. Randolph, said motion passing unani- mously: Mrs. John Ross Adams Mr. Thomas G. Lyman Mr. George Aspinwall Mrs. George Little Mrs. John Banting Mrs. W. H. Matthews Mr. Quentin Boerner Mrs. Wayne Morgan Mrs. John Bordeman Mrs. Franklin Outcalt Mrs. James Bowen Mr. Harold F. Priester Mrs. Lens Brunner Mr. Clare V. Short Mrs. Vince Canning, Jr. Mr. Robert Stafford Mrs. N. C. Chapman Mr. Preston Wright Mrs. Peter Fletcher Mrs. George Hodges Mr. John Gomery Mr. William Kerr The City Manager called for the appointment of Community Ralations Committee members. Mr. Sanson moved the following persons be reappointed to the Community Relations Committee for the year, seconded by Mr. Randolph, said motion passing unanimously: - 3 - ~ ~ ~ ........ 4-5-76 Mr. LeRoy Baine _ Mrs. Florence Barnes .~ Rev. Frederic F. Bush- Mrs. Frank L. Carey, Jr. ~ · Mr. Clifford Durden, Jr._ Mr. David D. McFadyen Mrs. Virginia~Meyers Mr. Otto Mitchell Mrs. Gertrude Mudge Mr. Spencer Pompey -~Mr. A1 W. Riske~ The City Manager reported the ElectriCal Examining Board members should be appointed for a two-year term for the years 1976- 1977 as contrasted to a one-year term previously. The City Manager advised that the layman member, Matt Gracey, II., is not willing to serve and that Charles Hill is willing to accept the appointment. Mr. Randolph moved for the appointment Df the following persons to the Electrical Examining Board for a two-year term, seconded by Mr. Sanson, said motion passing unanimously: Richard T. Hanna ~ Architect J. D. Acheson Master Electrician William H. Conroy, Jr. Florida Power & Light Co. Charles Hill Layman R. C. Keen Master Electrician Robert Slager Chief of Fire Prevention C. W. Trieste General Contractor City Manager Mariott recommended that the term "City Health Doctors" be changed to "City Physicians" and advised that Drs. Ed- ward Doyle and Edward White are willing to accept reappointment to this position. Mr. Weekes moved for the appointment of Dr. Edward Doyle and Dr. Edward White as City Physicians, seconded by Mr. Ran- dolph, said motion passing unanimously. The City Manager called for appointments to the Plumbing Board. Two members have indicated they do not wish to be reappointed. Mr. Randolph moved that the following persons be appointed to the Plumbing Board for a one-year term with two vacancies of Master Plumber and Physician to be filled at a later date, seconded by Mr. Sanson, said motion passing unanimously: Mr. John Knudson Master Plumber Mr. Eugene Elliott Journeyman Plumber. Mr. Mark C. Fleming City Engineer Mr. Robert Grauch Layman (Real Estate) ........ Mr. Malcolm Tubbs Journeyman Plumber The City Manager called for the reappointment to the Fire- fighters and Policeman's Pension Board of Mr. Matt Gracey, II., for a three-year term ending April 22, 1979. Mr. Randolph moved for the reappointment of Mr. Matt Gracey, II., to the Firefighters and Policemen's Pension Board for a three-year term, seconded by Mr. Sanson, said motion passing unanimously. 10. Mayor Scheifley s~ggested that Council modify the workshop schedule. Mr. Weekes recommended that' Council continue to have the workshop meetings on alttrnate Monday nights when there is no Coun- cil meeting with a three-hour limit, and as additional workshops are needed', have an afternoon workshop to complete the work. Mayor Scheifley asked that consideration be given to the vacancy on the Council and that a meeting date should be set to dis- cuss this vacancy. There are 17 names up for consideration. The -4 - 4-5-76 City Charter specifies the appointment must be made at a regular Council meeting. Discussion ensued and it was recommended that a workshop meeting be held on Monday, April 12 at 1:00 P.M..to discuss the question. Mayor Scheifley asked that the Council members who submitted names at the workshop meeting of March 31 be responsible for finding out whether these people would accept if considered, prior to the 1:00 P.M. meeting on April 12. Mr. Sanson asked Council to consider names they might have for appointment to the Area Planning Board by the Palm Beach Municipal League, and stated the person does not have to be an elected official. Mr. Sanson passed out a resoluCion which he asked Council to consider for passage at the April 12 meeting. This resolution requests the Florida State Legislature and the Governor of Florida to support the enactment of legislation prohibiting the use of disposable or throwaway containers for certain beverages within the State of Florida. Mr. Sanson suggested that at least once a year, perhaps at the same time as the Board and Committee appointments are made, that the Council consider looking at the consulting firms hired by the City. There are 11 at the present time. Mr. Sanson advised that he is prepared to make a motion to dismiss the firm of Russell & Axon as the consulting engineers for the City and that he will pre- sent his view at workshop or make the motion at a Council meeting. Mr. Sanson moved for adjournment of the meeting, seconded by Mr. Weekes, said motion passing unanimously. The meeting ad- journed at 8:30 P.M. jCity Clerk - 5 - . 4-5-76