01-06-75SpMtg JANUARY 6, 1975
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., Monday,
January 6, 1975, with Mayor James H. Scheifley presiding, and City
Manager J. Eldon Mariott, Council members Grace S. Krivos~ David E.
Randolph, J. L. Saunders and Leon M. Weekes present. City Attorney G.
Robert Fellows was absent.
1. The opening prayer was delivered by Dr. Frederic Bush, St.
Paul's Episcopal Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
~erica was given.
3. The minutes of the regular Council meeting of December 23,
~974 were unanimously approved on motion by ~rs. Krivos and seconded
by Mr. Weekes.
4.a. Mayor Scheifley presented Certificates of Recognition to the
following persons for having served on the City's Beautification
Committee: Mr. William Kerr; Mrs. Paul Fenyvessy; and Mrs. William
Mudge. Those receiving Certificates who were not present were as
follows: Mrs. Monroe Farber; Dr. Jack Odom; Mrs. Dorothy Paton; and
Mrs. Marshall DeWitt.
4.b. Mayor Scheifley presented a Certificate of Recognition to
Mr. Andrew Gent for having served for many years on the Planning and
Zoning Board.
4.c. Mrs. Krivos, Mr. Randolph and Mayor Scheifley offered their
appreciation to Mr. J. L. Saunders and Mr. Leon M. Weekes, retiring
Councilmen, for having served with them on the Council. Mr. Saunders
expressed his appreciation for having had the opportunity to serve for
sixteen years on the Council. Mr. Weekes also thanked the citizens of
Delray Beach for having had the opportunity to serve on the Council.
5. Mayor Scheifley adjourned the Council meeting at 7:45 P.M.
ANNUAL ORGANIZATIONAL MEETING OF COUNCIL
1. Councilmen-elect Andrew M. Gent and Aaron I. Sanson, IV,
subscribed to the Oath of Office administered by City Clerk Elizabeth
Arnau.
2. The opening prayer was delivered by Rev. David Travis of
Unity Of Delray Church.
3. Mayor Scheifley stated that the Council would follow the
policy of selecting a Vice-Mayor by nominating the Council Candidate
with one year of experience on the Council who had received the highest
number of votes in the General Election. Mrs. Grace ~ivos was unani-
mously elected to the position of Vice-Mayor for 1975 on motion by Mr.
Gent and seconded by ~. Sanson with Mrs. Krivos abstaining.
4. Mayor Scheifley presented Resolution NOo '!-75.
A tAESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, COMMENDING RETIRING
COUNCILMAN J. L. SAUNDERS.
(Copy of Resolution No. 1-75 is'attached to the official
copy of these minutes.)
Mrs. Krivos moved for the passage of Resolution No. 1-75,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; MrS. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes.
4.b. Mayor Scheifley presented Resolution No. 2-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, COMMENDING RETIRING
COUNCILMAN LEON M. WEEKES.
(Copy of Resolution No. 2-75 is attached to t ~hD~ official
copy of these minutes.)
Mr. Randolph moved for the passage of Resolution No. 2-75,
seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes.
4.c. Mayor Scheifley presente~ plaques to Retiring Councilmen
J. L. Saunders and Leon M. Weekes.
4.d. The five Council members presented opening remarks expressing
their desire to work together for a better City and government.
5. Mayor Scheifley stated Council meeting dates should be set
for 1975. 5~s. Krivos moved that regular Council meetings be held
on the second and fourth Monday nights of each month at 7:30 P.M.,
seconded by Mr. Sanson, said motion passing unanimously.
6. Mayor Scheifley stated the next item of business was the
appointment of the City Manager for the year 1975. Mr. Randolph moved
for the reappointment of J. Eldon Mariott as City Manager for the City
of Delray Beach for 1975, seconded by Mr. Sanson. The motion passed
with a 4 to 1 vote with Mr. Gent dissenting.
7. Mayor Scheifley asked for the appointments of Municipal
Judge and Judges Ad Litem. Mrs. Krivos moved that Ernest G. Simon be
appointed.Municipal Judge for 1975, seconded by Mr. Randolpk, said
motion passing unanimously. Mr. Gent moved that James W. Nowlin, Jr.
and Paul E. Gringle be appointed as Judges Ad Litem for the year 1975,
seconded by Mrs. Krivos, said motion passing unanimously.
8. Mayor Scheifley asked for the appointment of City Attorney
.for the year 1975. Mrs. Krivos moved that Mr. Roger Saberson be
appointed City Attorney for 1975, seconded by Mr. Sanson. Mayor
Scheifley stated that the Ci'ty is in the middle of two major projects -
the sewage treatment plant and the mini-PERC ordinance - and he felt
a change in counsel should not be made at this time. The motion passed
with a vote of 3 to 2 with Mr. Randolph and Mayor Scheifley dissenting.
9. Mayor Scheifley asked for the appointment of City Prosecutor
and Assistant City Prosecutors. Mr. Gent moved that Mr. I. C. Smith
be appointed City Prosecutor, seconded by Mr. Randolph, said motion
passing unanimously. Mr. Gent moved that Mr. Robert L. Thomas be
appointed as Assistant City Prosecutor for the year 1975, seconded by
Mrs. Krivos, said motion passing unanimously.
10. Mayor Scheifley called for the appointment of Committee and
Board members. The City Manager stated the first Committee to be con-
sidered is the Beautification Committee. Mr. Randolph moved the
following persons be appointed to the City Beautification Committee
for the year 1975:
Mr. George Aspinwall Mrs. John Banting
Mr. Quentin Boerner Mrs. John Bordeman
Mrs. Lens Brunner Mrs. Vince Canning
Mrs. George Dwyer Mr. John Gomery
Mrs. George Hodges Mrs. George Little
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1-6-75.
Mrs. Howard McGinn Mrs. R. Franklin Outca!t
Mr. tIarold Priester Mr. Preston Wright
Mrs. James Bowen Mrs. John Ross Adams
Mrs. N. C. Chapman Mrs. William Moore
Mrs. Wayne Morgan
The City Manager pointed out this left three vacancies on
the Committee which would be filled at a later date. Mr. Gent seconded
the motion, said motion passing unanimously.
The City Manager stated the Community Relations Committee
should be appointed with three members stating they did not wish to
accept reappointment. Mr. Gent moved the following persons be appointed
to the Community Relations Committee for the year 1975:
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 ~. Otto Mitchell
Mrs. Gertrude Mudge Mr. Spencer Pompey
~. A1 W. Risker
The motion was seconded by Mrs. Krivos, said motion passing
unanimously.
The City Manager reported the appointment of the City Health
Doctors should be considered. Mrs. Krivos moved that Dr. Edward Doyle
and Dr. Edward White be reappointed as City Health Doctors for the
year 1975, seconded by ~. Sanson, said motion passing unanimously.
City Manager Mariott reported the Plumbing Board should be
appointed. Three members have indicated they do not wish to be
reappointed. Mr. Gent moved that the following persons be appointed
to the Plumbing Board for the year 1975 with three vacancies to be
filled at a later date:
Mr. Eugene Elliott Mr. Malcolm R. Tubbs
Mr. Robert Barnwell, Jr. Mr. Mark C. Fleming
The motion was seconded by Mr. Randolph, said motion passing
unanimously.
11. Mayor Scheifley stated he would consider a motion to table
t-~s item, being an appointment to fill a vacancy on the Planning and
Zoning Board until the next workshop meeting. Mr. Randolph so moved,
seconded by Mr. Gent, said motion passing unanimously.
12. The City Manager presented Ordinance No. 1-75.
AN EMERGENCY ORDINANCE OF TIAE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR THE CREATION OF THE OFFICE OF MUNICIPAL
PUBLIC DEFENDER SETTING FORTH THE TERMS AND
DUTIES OF SAID POSITION AND PROVIDING FOR THE
METHOD OF ESTABLISHING COMPENSATION THEREFORE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinanc.e No. 1-75 is attached to the official
copy of these minutes.)
City Manager Mar~ott reported this is an emergency ordinance
and would become effective on first and final reading; the ordinance
has been thoroughly discussed by Council at workshop meeting. He
further reported Mr. John Spinner, who had been mentioned as a possible
candidate for the office of Public Defender for the City, indicated he
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1-6-75.
did not have ample time to devote to the office. When an attorney is
decided upon for the position by CounCil, a resolution will be pre-
pared for the appointment and compensation. Mayor Scheifley reported
the Courts have ruled that indigents who face jail terms have the right
to counsel and this ordinance creates the position of Public Defender
which will provide such counsel. Mr. Randolph moved for the passage
of emergency Ordinance No. 1-75 on first and final reading, seconded
by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley-
Yes.
13.. The City Manager presented Resolution No. 3-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH TO THE STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES REQUESTING FUNDS IN THE
AMOUNT OF $429,000 FOR BEACH RESTORATION.
(Copy of Resolution No. 3-75 is attached to the offiCial
copy of these minutes.)
City Manager Mariott stated the City recently received a
letter from Senator Phil Lewis advising that the Governor and the
Cabinet had allocated $429,000 to the City of Delray Beach to be used
as State Reimbursement Funds toward the Beach Restoration Project. The
maximum amount originally to have been received by the City from the
State was $650,696 compared to the present figure of $976,044 which
allots $325,348 more from the State than has been anticipated. Mrs.
Krivos moved for the passage of Resolution No. 3-75, seconded by Mr.
Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes; Mr. Randolph - Yes; ~. Sanson - Yes; Mayor
Scheifley - Yes.
14. The City Manager reported a program has been announced by
the Federal Government called the Community Betterment Program. The
Delray Beach Council had authorized the retaining of a consulting firm
to file a preliminary application for Federal Grant Funds under this
program. After the City had embarked upon the program, the County
investigated the possibility of County Government acting as a clearing
house to ~over the entire county. Therefore, each city has the option
of governing its own funds and projects or complying with the county's
determinations for such uses. The city has until January 8, 1975 to
determine which option to utilize. The City's consulting firm deliver-
ed a critique of the County Proposal to the City Manager late this
.a'fternoon. The consultant agrees completely that the City should
continue with its own program. Since the new Council has not had the
opportunity of discussing the program, the City Manager explained this
is a Federal Grant Program that has available for distribution in Palm
Beach County the first year a total of $605,000, not including the
allocations to the City of Boca Raton, West Palm Beach and Belle Glade.
At least 90% of the grant money must be spent on improvement projects,
such as public works, neighborhood improvement, community improvement,
housing improvement, etc. Mr. Randolph stated he believed the City
should continue in its own program based on information he had received
from individuals involved. Mr. Gent stated he would abstain from voting
since he knew nothing about the program. It was ascertained the major
difference concerning the programs is that the city would have the
discretion of making the decisions concerning the expenditure of money
and for which projects, if Council so decides. The City Manager
provided additional background material for the benefit of the new
Council members. Council requested comments from Mr. Saunders and Mr.
Weekes, both of whom stated the basic question is whether or not to
h~ndle the program at the city or county level and both Mr. Saunders
and Mr. Weekes recommended handling the program at a local level. ~.
Randolph moved to maintain the administration of the program within
the city, seconded by Mrs. Krivos, said motion passing unanimously
with Mr. Gent abstaining.
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1-6-75.
15. Mr. Joe C. Collier, Jr., Commercial Manager of Florida
Power and Light Company in Delray Beach, presented the City the
annual Franchise Check from Florida Power and Light Company in the
amount of $296,979.68, an increase of 37.3% over the previous year.
16. Mayor Scheifley introduced Mr. Roger Saberson, the new City
Attorney for the City of Delray Beach~for 1975. · .... .,,
The meeting was adjourned at 8:45 P.M.
City Clerk
AP P ROVE D:
MAYOR .~/
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1-6-75.
5a.
RESOLUTION NO. 1-75
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY
OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING
CQUNCIL~LAN J. L. SAUNDERS.
WHEREAS, J. L. SAUNDERS has unselfishly given of his time and
ability as Mayor and Councilman during the past twenty-five years;
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
That J. L. SAUNDERS be and he is hereby commended for his out-
standing contributions and generous efforts to maintain and upgrade
the general welfare of the City of Delray Beach, Florida, as Mayor
and City Councilman.
Unanimously adopted on this the 6th day of January, 1975.
· MA Y 0 g y
ATTEST:
City Clerk
RESOLUTION NO. 2-75
A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY
OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING
COUNCIL~tAN LEON M. WEEKES.
WHEREAS, LEON M. WEEKES has unselfishly given of his time and
ability as Councilman during the past four years;
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
That LEON M. WEEKES be and he is hereby commended for his out-
standing contributions and generous efforts to maintain and upgrade
the general welfare of the City of Delray Beach, Florida, as City
Councilman.
Unanimously adopted on this the 6th day of January, 1975.
ATTEST:
City Clerk
RESOLUTION NO. 3-75
A RESOLUTION OF THE CITY COUNCIL OF ~IE CII~
OF DELRAY BEA~! TO ~IE STATE OF FLORIDA DEPART-
MENT OF NATURAL RESOURCES REQUESTING FUNDS IN TIE
AMOUNT OF $429,000 FOR BEA~ RESTOI~TION.
~{EREAS, the city of Delray Beach did, by letter dated September 23,
1974, request the State, in accordance with provisions of }touse Bill 2809,
to participate in the payment of costs for restoration of the beach in
Delray Beach; and,
Wq-IEREAS, the Governor and Cabinet subsequently approved said re-
quest; and,
¥~HEREAS, the State of Florida Department of Natural Resources has
allocated monies from the Erosion Control Account in support of this
project; and,
WHEREAS, the City of Delray Beach has provided local support funds
for this project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council does hereby request that the
State of Florida Department of Natural Resources, authorize payment from
the Erosion Control Account in the General Revenue Fund of the State of
Florida, the sum of $429,000 as the State's contribu'bion this fiscal
year to the total cost of this project; the warrant for such payment to
be made payable to the City of Delray Beach.
PASSED AND ADOPTED on this 6th day of January, 1975.
ATTEST:
.~ity Clerk
ORDINANCE NO. 1-75.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DEL]LAY BEACII, FLORIDA, PllOVIDING ..
FOR TIlE CREATION OF TIlE OFFICE OF MUNICIPAl.
PUBLIC DEFENDER SETTING FORTiI TIlE TERMS AND
DUTIES OF SAID POSITION AND PROVIDING FOR TIlE
METHOD OF ESTABLISHING COMPENSATION TIIEREFOiIE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT IIEREWITH; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WIIEREAS, this Ordinance is deemed to be an emergency measure enacted
for the immediate preservation of the public peace, property, health and
safety and for the efficient daily operation of the Municipal Court system,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. There is hereby created the non-classified office of
Municipal Public Defender and such Assistants as Council shall appoint.
The City Council shall appoint persons who shall be a member in good
standing of the Florida Bar with at least two years' experience as a
practicing attorney in Florida to fill the offices. Persons appointed
shall serve at the pleasure of the City Council. The duties of said
office shall consist of undertaking the defense of any accused persons
appearing before the Municipal Court who are deemed by the presiding Judge
or Judge Ad Litem of the Municipal Court when said Judge or Judge Ad Litem
shall determine said accused is indigent and is accused of an offense
where there is a possibility of a jail term. The compensation for the
office of Municipal Public Defender shall be established by Resolution or
Ordinance. "
Section 2. Ail ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
Section 3. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall be deemed
a ~eparate, distinct, and independent provision and such holding shall not
affect the validity of the remainin9 portions hereof.
Section 4. That this ordinance is declared an emergency ordinance
and shall become effective upon first and final reading.
PASSED AND ADOPTED in special sessiOn on this the 6th day of January,
1975.
ATTEST:
J City Clerk