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.
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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:
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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
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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
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