03-13-85SpMtg MARCH 13~ 1985
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 11:37 A.M., Wednesday, March 13, 1985.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Marie Horenburger
Council Member Arthur Jackel
Mayor Doak S. Campbell
Absent - Council Member Jimmy Weatherspoon
Also present were - Acting City Manager Robert A. Barcinski
and City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced
that this meeting has been called for the purpose of (1) Canvassing the
returns and declaring the results of the March 12, 1985 First Nonpar-
tisan Election and Referendum Bond Election and (2) Considering passage
of Resolution No. 22-85 declaring and certifying the results of the
March 12, 1985, Referendum Bond Election.
The City Attorney reported that the City Clerk has compared
the information on the voter's certificate on the back of the absentee
ballot with the registration information furnished by the County Super-
visor of Elections to determine that the elector casting the absentee
ballot is duly registered in the precinct referred to and that he or she
has not otherwise voted in this election. She also has compared the
ballots being presented with the record of such ballots, which include
the date that a request for the absentee ballot was made, the date the
absentee ballot was delivered or mailed and the date the ballot was
received in the City Clerk ' s office, required by Florida Statute
101.62(3) and has determined that we have received all ballots required
except one which were not returned as reflected on the absentee
elector's record and that the other ballots being presented are properly
accounted for.
Mr. Bird moved to approve the Clerk's comparison of the
absentee ballots presented with the record required by Florida Statutes
101.62 as prepared by the City Clerk's office and to have the record of
absentee electors as prepared by the City Clerk's office attached to and
made a part of the minutes of this meeting, seconded by Mr. Jackel.
Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen-
burger - Yes; Mr. Jackel - Yes; Mayor Campbell - Yes. Said motion
passed with a 4 to 0 vote.
The City Clerk presented the absentee ballots, and noted
that 93 absentee ballots were issued, one was not returned and two bal-
lots, numbers 33 and 34, were returned unused since the two persons
voted on the election day at the polls.
The results of the absentee ballots are as follows:
Council Member Total
Malcolm T. Bird 42
James "Pete" Bowen 32
Charles E. "Ed" Dalton 27
Marie Horenburger 57
Edward L. Perry 14
Proposal - Referendum Bond Election (Public Safety Building)
For 63
Against 24
Mr. Bird moved to approve the results of the absentee voting
as follows:
For Council Member
Malcolm T. Bird 42
James "Pete" Bowen 32
Charles E. "Ed" Dalton 27
Marie Horenburger 57
Edward L. Perry 14
Proposal - Referendum Bond Election (Public Safety Facility)
For 63
Against 24
Seconded by Mrs. Horenburger. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 4 to 0 vote.
The City Clerk presented the regular votes other than ab-
sentee votes for the office of two council members and the Referendum
Bond Election; the City Attorney read the results as follows:
Council Member
Malcolm T. Bird 2,809
James "Pete" Bowen 1,850
Charles E. "Ed" Dalton 1~714
Marie Horenburger 3,452
Edward L. Perry 771
Proposal - Referendum Bond Election (Public Safety Building)
For 3,424
Against 1,735
Mr. Bird moved to approve the results of the voting other
than absentee voting which has already been approved as indicated above,
seconded by Mrs. Horenburger. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 4 to 0 vote.
The City Attorney reported that the total votes for each
candidate for Council Member and the Referendum Bond Election including
all the regular and absentee votes as follows:
Council Member TOTAL
Malcolm T. Bird 2~809 + 42 Absentee 2,851
James "Pete" Bowen 1~850 + 32 Absentee 1,885
Charles E. "Ed" Dalton 1~714 + 27 Absentee 1,741
Marie Horenburger 3~452 + 57 Absentee 3,509
Edward L. Perry 771 + 14 Absentee 785
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Proposal - Referendum Bond Election (Public Safety Building)
For 3,424 + 63 Absentee 3,487
Against 1~735 + 24 Absentee 1,759
Mr. Bird moved to approve the total votes for each candidate
for Council Member and the Referendum Bond Election including all the
regular and absentee votes as indicated above, seconded by Mr. Jackel.
Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen-
burger - Yes; Mr. Jackel - Yes; Mayor Campbell - Yes. Said motion
passed with a 4 to 0 vote.
Mr. Bird moved that, based upon the above and foregoing, it
is hereby declared that Marie Horenburger is elected as Council Member,
for a two-year term commencing March 28, 1985 and ending in accordance
with the City Charter and that the Referendum Bond Election for the
Public Safety Facility has passed, seconded by Mr. Jackel. Upon roll
call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes;
Mr. Jackel - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to
0 vote.
The City Attorney advised the total number of votes cast
were 5,761; 90 absentee ballots plus 5,671. Theoretically, a candidate
would have to have gotten 2,882 votes to make the 50% + 1.
Mr. Bird stated he would disagree with the math in that they
actually have 5,760 valid votes as they did invalidate one absentee
ballot for the purpose of the City Council election; therefore the
figure would be 2,881.
The City Attorney advised that if the figure was to remain
at 2,881, Mr. Bird would be 30 votes short of obtaining the 50% + 1;
therefore, there would have to be a run-off election on March 26th
between Mr. Bird and Mr. Bowen. Jackie Winchester, Supervisor of Elec-
tions, is currently running a program in their computer which would tell
how many people voted just for Council positions and would eliminate
those that just voted for the bond election. This would give the actual
number of electors casting ballots for Council and that figure would be
the basis for calculating the 50% + 1 rule. The decision on whether or
not they will have to declare a second Nonpartisan Election to be held
or make a motion declaring Mr. Bird to be elected to the Council seat
will have to be postponed until they receive the tally from the Elec-
tion's Office. He would suggest that Council make a motion to continue
this Special Meeting.
2. The caption of Resolution No. 22-85 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CANVASSING THE RESULTS OF A BOND ELECTION
HELD IN THE CITY OF DELRAY BEACH, FLORIDA, ON MARCH 12,
1985, AND DECLARING AND CERTIFYING THE RESULTS THEREOF.
(Copy of Resolution No. 22-85 is on file in the official
Resolution Book)
Mrs. Horenburger moved for the adoption of Resolution No.
22-85, subject to the figures of 3,487 for and 1,759 against being
added, seconded by Mr. Bird. Upon roll call Council voted as follows:
Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 4 to 0 vote.
Mr. Bird moved to continue this Special Meeting to 5:30 P.M,
this afternoon in the Council Chambers, seconded by Mrs. Horenburger.
Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen-
burger - Yes; Mr. Jackel - Yes; Mayor Campbell - Yes. Said motion
passed with a 4 to 0 vote.
Mayor Campbell declared the meeting recessed at 12:25 P.M.,
to be continued at 5:30 P.M.
· ~ Cit~ Clerk -
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ATTEST:
MAYOR
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 March 13, 1985, which minutes were for-
mally approved and adopted by the City Council on ~~ ~./F~£~
City
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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