09-15-81SpMtg SEPTEMBER 15~ '1981
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday,
September 15, 1981, with Vice-Mayor James H. Scheifley, presiding and
City Manager J. Eldon Mariott, Assistant City Attorney Herbert Theile,
and Council members Charlotte G. Durante, Leo A. Blair, and Malcolm T.
Bird, present. Mayor Weekes was absent.
Vice-Mayor Scheifley called the meeting to order and announced
that this meeting has been called for the purpose of considering
(1) settlement offer regarding Robert Druien vs City of Delray Beach;
(2) settlement offer regarding Earl Cole vs City of Delray Beach; and
(3) execution of a contract for the exchange of real property between
the City and Namil Corp. regarding Homewood Boulevard.
(1) The Assistant City Attorney reported that the City has received
an offer of settlement from the Plaintiff's attorney in the Robert
DrUien case. That case was filed in August of 1980 surrounding the
suspension of Robert Druien who was a police officer with the City at
that time; he is no longer with the City. They have offered to settle
that litigation involving certain claims for violations of Police Officers'
.Bill of Rights and the Constitution on the following grounds: that
the City give him the back pay for the days in which he was suspended;
that the City expunge from the Personnel records all record of the
suspension and related incidents; that the City clarify and Clear his
certification with the State and that the City award to him the sum of
$10,000. The City Attorney's office does not recommend settling it at
this time.
Mrs. Durante moved to accept the recommendation of the City
Attorney's office not to settle at this time, seconded by Mr. Bird,
Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr.
Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion
passed with a 4 to 0 vote.
(2) The Assistant City Attorney reported that this is another
litigation which was filed in 1979. It also involves an ex-police
officer. The allegations in this particular litigation revolve around
the Plaintiff's arrest and subsequent prosecution in 1978 alleging that
he had violated some Federal laws. Subsequently, he was found not
guilty of those charges and filed suit against the City alleging false
arrest and malicious prosecution. His attorney has made the City a
definitive offer in this particular case involving the payment of
$2500 in cash as settlement to withdraw the case. The City Attorney's
office does not believe that this lawsuit is meritorious and, therefore,
recommend rejecting this offer.
Upon question by Mr. Bird, the Assistant City Attorney replied
that Mr. Cole was arrested by the FBI and was prosecuted by the US
Attorney's Office in Federal Court.
Mr. Bird moved to sustain the City Attorney's recommendation,
seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs.
Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor S~heifley -
Yes. Said motion passed with a 4 to 0 vote.
(3) The City Manager reported that this item has to do with the
realignment of Homewood Boulevard at West Atlantic Avenue. To bring
this about will require the exchange of real property between the City
and Namil Corporation and, to some extent, the WDBF Radio station.
The City Attorney's office has now proceeded to a point where they are
asking Council to consider giving formal consideration to approval of
the transaction. The Assistant City Attorney added that they already
have two of the lots; the third one is in the midst of contracting and
is set to close by the end of this month.
.... ~-~ ..... ~ tO approve ~'~^ agreement ~ ....... ~ ~ .... ~
Namil Corporation and to authorize the Mayor to execute same, seconded
by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante -
Yes; Mr. Blair - Yes; Mr. Bird % Yes; Vice-Mayor Scheifley - Yes. Said
motion passed with a 4 to 0 vote.
Vice-MayoJ Scheifley declared the meeting adjourned at 7:10 P.M.
ATTEST -
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Council of May 6, 1981, which minutes were formally
approved and adopted by the City Council on ~_~. /$; F'~/ ·
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 ~eletions to the minutes as set forth above.
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