03-03-76SpMtg 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., Wednes-
day, March 3, 1976, with Mayor James H. Scheifley presiding, City
Manager J. Eldon Mariott, Assistant City Attorney Clifford O. Shandy,
and Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph
and Aaron I. Sanson, IV, present.
The Lord's Prayer was repeated in unison.
The Pledge of Allegiance to the Flag of the United States of
merica was given.
Mayor Scheifley called the meeting to order and announced that
~ame had been called for the purpose of canvassing and approving the
returns of the Nonpartisan and Referendum Election held on Tuesday,
March 2, 1976.
The City Clerk reported the results of the Nonpartisan and
Referendum Election held on Tuesday, March 2, 1976, for the office of
Mayor for the term of two years were as follows:
OFFICE OF MAYOR
James H. Scheifley 3,576
Grace S. Krivos 1,916
TOTAL VOTES CAST 5,492
TOTAL ELIGIBLE VOTERS 11,110
CHARTER REVISION
FOR CHARTER REVISION 3,893
AGAINST CHARTER REVISION 648
TOTAL VOTES CAST 4,541
TOTAL ELIGIBLE VOTERS 11,110
TOTAL VOTES CAST IN
THE CITY OF DELRAY BEACH 5,494
.The'City dlerk presented 74 absentee ballots. It was
determined that 13 of the absentee ballots were invalid and 61 were
declared valid. The invalid ballots were marked "rejected as
invalid" by a member of the Council on behalf of the entire Council.
The absentee ballots were checked against the record of
bsentee electors so as to compare the number of ballots in the
anvassing board's possession with the number of applications for
allots received and all absentee ballots were therefore accounted for
roperly.
The City Clerk, acting on behalf of the Council and at
their direction, compared the information on the back of the envelope'~.
on each absentee ballot with the registration book to see that the
elector was duly registered in the particular precinct and had not
voted on election day. The record of the ballots was then recorded
upon the Poll Books of the proper precinct. Mr. Sanson moved for Council
to certify the results as read by the City Clerk as correct, seconded
by Mr. Gent. The motion passed unanimously.
Mayor Scheifley asked if any further business was to come
before the meeting. The Assistant City Attorney stated the City Attorney
had requested him to report to Council that the .Papy case has been
dismissed in the State Court, but has been refiled in the Federal Court.
The City Attorney would like to continue the services of Mr. Robert
Montgomery of West Palm Beach since he has been involved in the case
for approximately one year.
Mr. Randolph asked the City Manager if there had been any
form of reorganization in the Delray Beach Police Department today.
The City Manager replied yes and presented Council members with a copy
of a memorandum. He stated Captain Kilgore has been transferred from
the command of the Patrol Division in the Police Department this
morning bY the Chief of Police. Captain Dalton is, for the time being,
serving in his stead as commander of the Patrol Division. Mr. Randolph
'~asked what Charter the City is operating under at this very moment.
The Assistant City Attorney replied the old Charter until the new
Charter is received by the Secretary of State. Mr. Randolph asked the
Assistant City Attorney to read that portion of the Charter pertaining
to dismissal of the City Manager or Acting City Manager. The Assistant
City Attorney read Section 44 under Article VI of the City Charter.
Mr. Randolph asked if any portion of the City Charter refers to dismis-
sing an Acting City Manager. The Assistant City Attorney stated he
found no reference ~.n the Charter specifically referring to an Actin~
City Manager. Mr. Randolph asked if there is anything in the Charter
that would prevent him from making a motion as to the dismissal of an
Acting City Manager of the City of Delray Beach. The Assistant City
Attorney requested a recess to allow him to contact the Attorney
General's office and the City Attorney. He-stated this was a matter of
interpreting Section 44 of the Charter. Mayor Scheifley stated this
meeting had been called for the specific purpose of canvassing the
returns of the Marc,h 2nd Nonpartisan and Referendum Election. The
Assistant City Attorney stated he felt the business should be confined
to this matter. Council agreed to recess for approximately 20 minutes
at 12:05 P.M.
Council reconvened at 12:25 P.M.. Mayor Scheifley asked the
Assistant City Attorney to respond to the questions raised prior to
the recess. The Assistant City Attorney stated he called tke Attorney
General's office and talked with Mr. Mike Parrish, an Assistant ~tt°rney
General. Mr. Parrish was unable to give a full legal opinion, but
offered his personal opinion. Mr. Parrish said he felt the action that
was discussed was not within the confines of this meeting since it
was a special meeting duly called for the purpose of convassing the
election results. The Assistant City Attorney stated he concurred
· with Mr. Parrish's opinion.
Mayor Scheifley declared the meeting adjourned at 12:3i P.M.
City Clerk
APPROVED: --
MAYOR