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03-03-81SpMtg MARCH 3, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 4:50 P.M., Tuesday, March 3, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. Mayor Weekes called the meeting to order and announced that this meeting has been called for the purpose of (1) considering retain- ing counsel for the individual defendants in the case of Scadlock vs City of Delray et al. (1) The City Attorney reported that the individuals who have been named as defendants have requested their own counsel and there is a request from Chief Kilgore for the law firm of Alley & Alley which is a labor law firm; their rates range from $125 an hour for John Alley, $100 an hour for Bob Hall and ranging down to $65 an hour for other members of the firm. The other three defendants, Mellis, Dalton and Cochran, have requested Mr. Coogler to represent them; he has consented and has filed a notice of appearance in the case; his rate is $65 an hour. These two items are before Council for consideration. They have an ordinance which provides that the City will undertake the legal defense of employees named as individual defendants. Under that ordinance, the City has the option of defending those employees either by insurance defense counsel, if applicable, or by the City Council designating the attorney who will defend the employees. Another option would be to have the employee choose the attorney and the Council authorize it. Upon question by Mr. Scheifley, the City Attorney replied that there is no insurance coverage for this complaint. Upon question by Mr. Bird, the City Attorney replied that Mr. Coogler's fee is $65 per hour for this case, whether in or out of court room to defend all three. He recommended to the individuals to divide up the way they did for reasons related to the facts of this case. Mr. Bird recommended that they fund that cost ($65 - $75 an hour) for the fourth defendant and let him expend it in whatever way he sees fit. If he wants to go beyond that figure, he would have to sup- plement. Upon question by Mayor Weekes, the City Attorney replied that he did not specifically recommend the Alley firm but he thinks they are an excellent firm and they do specialize in labor-related work. Mr. Bird moved to authorize the hiring of an attorney at a rate not to exceed $75 per hour with the choice of the firm left to the defendant, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Bird moved to authorize the retention of Mr. Coogler on behalf of the other three defendants at the rate indicated, seconded by Mr. Young. Said motion.passed unanimously. Upon question by the City Manager, the City Attorney replied that this will not have to be brought back before Council. Mayor Weekes declared the meeting adjourned at 5:00 P.M. y Clerk 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 3, 1981, which minutes were for- mally approved and adopted by the City Council on~'~7~~/~/ . tyClerk 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. - 2 - 03/03/81 38:? MARCH 5, 1981 A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 11:00 A.M., Thurs- day, March 5, 1981, with Vice-Mayor Malcolm T. Bird, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Charlotte G. Durante, James H. Scheifley, and Willard V. Young., present. Mayor Weekes was out of town. Vice-Mayor Bird called the meeting to order and announced that same had been called for the purpose of canvassing the returns and declaring the results of the March 3, 1981 Election. The City Clerk reported that she has compared the informa- tion on the voter's 'certificate on the back of the absentee ballot with the registration information furnished by the County Supervisor 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. Also, she has compared the ballots being presented with the record of such ballots, which includes the date that a request for the absentee ballot was made, the date the ballot was delivered, or mailed, and the date the ballot was received by the City Clerk's office, as required by Florida Statute 106.62(3) and it has been determined-that we have received all ballots required except three which were not returned as reflected on the Absentee Elector's Record and that the other ballots being presented are properly accounted for. Two ballots have been received which should be considered invalid by the Canvassing Board. They are the ballot of Jack Kellerman received on March 4, 1981 which was too late and the ballot of Matilda Kellerman on which the voters certificate was not signed. Mrs. Durante moved to approve the Clerk's comparison of the absentee ballots presented with the record required by Florida Statues 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 and further to declare in- valid the absentee ballots of Jack and Matilda Kellerman for the reasons stated by the City Clerk, seconded by Mr. Young. Said motion passed unanimously. The City Clerk presented the absentee ballots and noted that 64 absentee ballots were issued and three were not returned and in accordance with Council's adopted motion, two of the absentee ballots have been declared invalid. The results of the absentee ballots are as follows: Council Members Fred E. Berdy 11 Malcolm T. Bird 29 Leo A. Blair 30 Willard V. Young 35 Mr. Young moved to approve the results of the absentee ballots as follows: for Council Member, Fred E. Berdy - 11, Malcolm T. Bird - 29, Leo A. Blair - 30, Willard V. Young - 35, seconded by Mr. Scheifley. Said motion passed unanimously. The City Clerk reported that concerning the regular vote other than absentee votes for the office of two Council Members, the results are as follows: Council Members Fred E. Berdy 942 Malcolm T. Bird 3,367 Leo A. Blair 2,898 Willard V. Young 2,852 and that she has the Certificates of Elections signed by the Clerks and a majority of the inspectors indicating these totals. Mrs. Durante moved to approve the results of the votin9 other than the absentee voting which has already been approved as the results have been indicated by the City Clerk and .that the Certificates of Election be attached to and made a part of the minutes of this meet- ing, seconded by Mr. Scheifley. Said motion passed unanimously. The City Clerk reported on the number of the total votes that each candidate received as follows: Council Member TOTAL Fred E. Berdy 942 + 11 Absentee 953 Malcolm T. Bird 3,367 + 29 Absentee 3,396 Leo A. Blair 2,898 + 30 Absentee 2,928 Willard V. Young 2,852 + 35 Absentee 2,887 Mr. Scheifley moved to approve the results of the election in total, including all the regular and absentee votes, seconded by Mr. Young. Said motion passed unanimously. Mrs. Durante moved that it is hereby declared that Malcolm T. Bird and Leo A. Blair are elected as Council members of the City of Delray Beach for a two-year term commencing April 6, 1981, and ending in accordance with the City Charter, seconded by Mr. Scheifley. Said motion passed unanimously. Mrs. Durante stated that she read something in one of ~he local newspapers this morning that was quite disturbing to her as a black resident of the City. It referred to some literature being used in one of the campaigns and that the literature left out the black com- munity. She lives in the black community and she happens to know that there were two pieces of literature circulated by that one candidate in addition to two pieces of literature circulated by another candidate. This literature was circulated at the request of the Voters League of the black community, which endorsed those two candidates. She resents the press for trying to pick up on something and cause the black com- munity to feel that there were some racial Problems or that a particular race in this city was left out in campaigning. Vice-Mayor Bird declared the meeting adjourned at 11:30 A.M. ATTEST: ~tY Clerk 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 5, 1981 which minutes were for- mally approved and adopted by the City Council on~~ ~/ /~/. City Clerk 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. - 2 - 03/05/81 3.9.9 .- I ~ ' ~ . . I ~ ~ ~' ., 0 · .~ ~ : . .. h ~4 .. I 1 389 u u ~ ~. '- .~ ~. ~ . I ! 1 DELRAY BEACH, FLORIDA ~ ELDON MARIO~ ~ M. ~EKE~, MAY~ MANAGER ~ T. BIRO, VI~AYOR ~AR~O~ G. D~. ~UNC~L MEMBER ~ H. KHEIF~Y. COUNCIL MEMBER ~RD V. Y~NG, C~NCI~ MEMBER CERTIFICATION I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, do hereby certify that the certifications attached hereto numbered 1 through 12 include a certification from each Precinct in the City of Delray Beach for the First Nonpartisan Election in the City of Delray Beach on March 3, 1981. City Clerk City of Delray Beach ]Ii, UAl. OPPOR'I'tJNITY I;MPt. OYI'~ / 483 CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /~ in the City of Delray Beach, for'the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /~ ~ '. FOR COUNCIL MEMBER TOT VOTES /& I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /~ as appointed by my office and confirmed by the Council on February 10, 1981. Eli~abet~ Arnau City Clerk City of Delray Beach We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for .Precinct /70 in the City of Delray Beach, for'the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /7 O . FOR COUNCIL MEMBER FRED E. BERDY ._~ ~) LEO A. BLAIR VOTES I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct / 7 o as appointed by my office and confirmed by the Council on February 10, 1981. Eli~[beth Arnau Cit~ Clerk City of Delray Beach 4~5 CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct / ~ in the City of Delray Beach, for'the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /~/ '. FOR COUNCIL MEMBER ~co~ T. BIRD =o A. BU~I~ ~ & F I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct · /~ as appointed by my office and confirmed by the Council on February 10, 1981. El~abeth Arnau Ci%y Clerk City of Delray Beach CE~IFIC~ OF ELECTION - ~UI~O ~ CI~ O~ OEL~ ~E~¢~ CH~m~E~ SEC. ~.0S We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct / 7.~_ in the City of Delray Beach, for'the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct / FOR COUNCIL MEMBER FRED E. BERDY ~ MALCOLM T. BIRD =~ O O ~EO A. ~A~ --~ ¢ 7' WIT.T.ZtRD V. YOUNG VOTES eST ~& 7 I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /~.~_ as appointed by my office and confirmed by the Council on February 10, 1981. City Clerk City of Delray Beach 4O7 CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /~ in the City of Delray Beach, for' the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /73 . FOR COUNCIL MEMBER- FRED E. BERDY ~O /m F WILLARD V. YOUNG I, ELIZABETH ARNAU, City Clerk of the City of DelraY Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /7~ as appointed by my office and confirmed by the Council on February 10, 1981. City of Delray Beach CE~IF~'C~,~ OF E~.EC~IO,- R~C~'~ B~ C~'~ OF ~E~R~ BE~,C, CH~E~ S~C. S. OS We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /7~ in the City of Delray Beach, for' the First Nonpartisan Election held March 3, 1981. We hereby ce_rt%fy the results of the election as indicated below as to Precinct /?'t- FOR COUNCIL MEMBER MALCOLM T. BIRD TOT~ VOTES eST /. ~/ INSPECTORS: , I, ELIZABETH ARNAU,. City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /~ as appointed by my office and confirmed by the Council on February 10, 1981. Cit~ Clerk City of Delray Beach "t09 CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct / 7~ in the City of Delray Beach, for the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct ~g' . FOR COUNCIL MEMBER FRED E o BERDY ,~ v. Yo G 7 INSPECTORS: ~.~ ' ' I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /~... as appointed by my office and confirmed by the Council on February 10, 1981. City of Delray Beach We the undersigned are the Clerk of Elections and a majority of 'the Inspectors of Elections for Precinct /7 ~ in the City of Delray Beach, for the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below, as to Precinct / 7 ~ · FOR COUNCIL MEMBER ~A~Co~ T. BIRD ~ 7 f LEO A. BLAIR WILUU~ V. YOU~ .~ ~',~ · vo= .s est F& CLERK I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /76 as appointed by my office and confirmed by the Council on February 10, 1981. City of Delray Beach CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /~ in the City of Delray Beach, for'the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /7~ · FOR COUNCIL MEMBER FRED E. BERDY , ~ ~9. MALCOLM T. BIRD =o A. ? ? TOTAL VOTES CAST I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct / 7~ as appointed by my office and confirmed by the Council on February 10, 1981. Cit~ clerk City of Delray Beach CERTIFICATE OF ELECTION .- REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /g~ in the City of Delray Beach, for'the First Nonpartisan Election.held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct /7 ~ - FOR COUNCIL MEMBER LEO A. BLAIR ? INSPECTORS: ~ ~ ..... ~' I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct ~7~ as appointed by my office and confirmed by the Council on February 10, 1981. City of Delray Beach CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /~ in the City of Delray Beach, for the First Nonpartisan Election held March 3, 1981. We hereby certify the results of the election as indicated below as to Precinct ~F? · FOR COUNCIL MEMBER ~co~ T. SI~ J 7~ zao A. B~AI~ / 7 7' TOTAL VOTES CAST IhSPECTO~: .~.,--, , .. I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida~ hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct /~ as appointed by my office and confirmed by the Council on February 10, 1981. City of Delray Beach CERTIFICATE OF ELECTION - REQUIRED BY CITY OF DELRAY BEACH CHARTER SEC. 5.05 We the undersigned are the Clerk of Elections and a majority of the Inspectors of Elections for Precinct /~o in the City of Delray Beach, for the First Nonpartisan Election held March 3, 1981. We hereby certify the results of th~ election as indicated below as to Precinct /9 O . FOR COUNCIL MEMBER FRED E. BERDY ,, ~, ~LCO~ e. BZm e~ 77 VOTES C~$T /~ & d I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, hereby certify that the above referred to individuals are the Clerk of Elections and a Majority of the Inspectors for Precinct . - /90 as appointed by my office and confirmed by the Council on February 10, 1981. Elizabeth Arnau Cit~ Clerk City of Delray Beach