11-11-85SpMtg NOVEMBER 11, 1985
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in
the Council Chambers at City Hall at 9:12 A.M., Monday, November 11,
1985.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Arthur Jackel
Vice-Mayor Marie Horenburger
Absent - Council Member Jimmy Weatherspoon
Mayor Peak S. Campbell
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
Vice-Mayor Horenburger called the meeting to order and an-
nounced that this meeting has been called for the purpose of (1) con-
sidering settlement offer of Lillian Phyfe vs City of Delray Beach.
1. The City Attorney advised that the City offered Ms. Phyfe one
half of her out of pocket medical expenses which amounted to about
$5,000. That offer was rejected. They have offered to settle at
$70,000, which offer is available only until 11:00 A.M. today at which
time they board a plane to go to depositions in New Jersey. The prop-
erty owner on whose property the water meter is located will contribute
half of the $70,000. With cancellation fees, the City's share will
amount to about $35,500 and will have to come out of the City's pocket.
The insurance company's attorney recommends that the City accept this
settlement in light of the potential liability.
Mr. Jackel stated his position has not changed. He is not
entirely sure it is a fair settlement but he feels, in the long run,
they will probably be saving money by accepting it.
Mr. Jackel moved to accept the settlement in the Lillian Phyfe
case, with the City's share being approximately $35,500, seconded by Mr.
Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr.
Jackel - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3
to 0 vote.
Vice-Mayor Horenburger declared the meeting adjourned at 9:18
A.M.
Clerk
ATTEST:
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 November 11, 1985, which minutes were formally
approved and adopted by the City Council on~F~_~~/~
~ City Cl~rk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
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or deletions to the minutes as set forth above.