02-25-98 Special CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
SPECIAL MEETING - FEBRUARY 25, 1998 - 5:15 P.M.
CITY MANAGER'S CONFERENCE ROOM
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and
enjoy the benefits of a service, program or activity conducted by
the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199
(TDD), 24 hours prior to the event in order for the City to accom-
modate your request. Adaptive listening devices are available.
Pursuant to Section 3.07 of the Charter of the City of Delray
Beach, Mayor Jay Alperin has instructed me to announce a Special
Meeting of the City Commission to be held for the followin~
purpose:
(1) CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: Tate v. City of Delray Beach and Lake Worth Drainage
District.
Attendees: Mayor Jay Alperin
Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esq.
A certified court reporter
PurDose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
Alison MacGregor Harty
City Clerk
******************************************************************
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
[IT¥ DF DELHI:IV BEI:I£H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755
Writer's Direct Lite: 561/243-7091
OELRAY BEACH ~]~MO~~
Xlk~n~uC~/ DATE: February 25, 1998
1003 FROM: Susan A. Ruby, City Attorney
SUBJECT: Tate v. City. of Delray Beach and Lake Worth Drainage District
The purpose of this memorandum is to call for a closed attorney-client session with the City
Cornmi.qsion pursuant to Florida Statutes 286.011(8) for February 25, 1998 at 5:15 p.m. to
discuss settlement negotiations and strategy related to litigation expenditures in the above
C~.qe.
Strict compliance with Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to the commencement of the dosed attorney-client session the Mayor should read
the following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes Section 286.011(8) in the case of Stanley Tate vs. the City of
Delray Beach and Lake Worth Drainage District. The estimated length of
the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jay Alperin, Commissioners Ken Ellingsworth, David
Randolph, Kevin Egan, David Scl~midt, City Manager David Harden, City
Attorney Susan Ruby, Assistant City Attorney David Tolces, Bill Doney,
attorney for the City and a certified court reporter."
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prepared giving reasonable public notice of the time and date of the closed attorney-client
session for February 25, 1998 at 5:15 p.m. and that the agenda include the name of the case,
the names set forth above of those persons attending the session, and identify the item as a
closed door session pursuant to Florida Statute 286.011. Our office will arrange for a court
repo~ as required by statute. Attached is a copy of Fla. Stat. 286.011.
SAR
cc: ~t~avi~den: City Manager
Alison MacGregor Harry, City Clerk
David Tolces, Assistant City Attorney
Bill Doney, Esq.
Sun Coast Reporters
tatel6.sar
F.$. 1995 PUB[JC BUSINESS: MIS~NEOU$ PROVISIONS C/L 286
I=asect. The rec[uiremen{s of tttis sec:ton ctO not a~pty [o agpeaJs arty court o~ whi~ h~ fQ~ ~ ~.
the nauce pravid~ in s. ~.0~(31. ~on. agent,
~.~ ~.~,~ ~,.~e~,~ s~. ~d such ar~er is affirm. ~e ~u~ s~l
~ess a reasonable attorney's fee far ~e aope~
286.011 Public meetings and recaps: public a~ ~ bo~d. ~i~ian, agent, ar aumad~.
[ns~an: ~minal ~d ~ii petrify-- A~ f~ ~ ~ess~ may be ~s~s~ a~st ~e in~i-
(1) All mee~ngs of ~ b~ or ~mmi~n of ~y ~ member or mem~em of su~fl ~ or ~mmis-
store agenm/or aumonw ~ of ~ agen~ ~ ~m~W ~: g~d~, t~r in ~ ~e where t~e ~ ~ ~m-
ot ~y counw, m~i~a ~oma~. or poaU~ s~d~i- ~
at wm~ offi~ ~ ~ to ~e t~en ~ d~ to ~e
public m~ngs o0~ to ~e p~c at ~ ~. ~ no ~ member or m~em at ~e
tesolu~on. ~le. or fora ~ ~al be ~~ ~' '
(~ Aa pe~ns su~i~ to su~ (1) ~ p~ib-
~ su~ m~fin~ ~
have l~i~an Ia i~ue in~ to ~f~ ~ put- ~ ~
poses of t~m s~on ~ ~t~don ~ ~ ~ of ~ ~~
is ~ to reim~e
i~fe ~ fine not ~ng ~.
(b) Any ~on who ~ a m~ of a ~ ~ ~m- (8)
m~smon or of ~ sram agenmt or au~W ~ ~ ~ ~ or ~mmi~on of
~m. or ~iti~ ~d~. ~d ~ ~f a~*
~teflamg a m~g not ~e~ ~ ~~ ~ ~e ~m- ~M
~5.~ be~m a
'~ ~ns~te a ~ng ~n ~ ~ s~ is a p~ m~g ~at he ~ ~e desires ~ ~ceming
(4) ~en~ ~ ~ ~ ~ fil~ ~ ~
~o~ or ~m~n of ~ ~e agent ~ ~ or ~ to se~em~ n~o~ons or ~t~ ~ons
m~on. ar potiti~ ~d~ ~ ~ ~e p~ns ~ ~ ~o~er.
~ess a reasonaDle attorney's fee a~nst
member ~ mem~ ~ ~ ~ ~ ~ p~ ~ ~ ~~ ar ~ o~en m~g ar w~
At ~ ~n