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02-09-2016 Special MeetingRULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non -Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public- Any citizen is entitied to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. G. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET' Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous whiie addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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. DELRAY BEACH F L 0 K 1 11 A CITY COMMISSION kX01A CITY OF DELRAY BEACH, FLORIDA All-AmericaCtty SPECIAL MEETING — TUESDAY, FEBRUARY 9. 2016 5:00 P.M. — CITY COMMISSION CHAMBERS 1 18 1993 2001 The City -will furnish appropriate, aum-h* ary aids and services where necessary to afford an individual with a disability aequal opportunity to participate m and enjoy the benefits of a service., pro grain, or activity n conducted by the City. Contact the City Manager at 243-7010, prior to the program of activity in order for the City to wasonably accommodate your request. Adaptive listening devices are available f meetings M' the Comnussion Chambers. SPECIAL, MEETING AGENDA Pursuant to Section 3.12 of the Chatter of the City of Delray Beach the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Ed aids CDS, LLC v. City of Th-ay Beach, Flonda, Case No. 502015CA007155:\'-AE. Attendees: May-ot Cary D. Glickstein Vice Mayor Shelly Petrolla Deputy Vice -Mayor Al Jacquet Connnissionet Jord n Jarjura C01T=ssioner 1�tchell Katz City Manager Donald B. Cooper City Attorney Noel Pfeffer Jame Alan Cole, Special Counsel A certified court reporter Put 0 S e: Discuss settlement strategy related to the above case. Please be advised that if a person decides to appeal any decision made by the it Cormi-Lission with respect to any inatter considered at this meeting, such person -will need to ensure that a vetbatirn recotd includes the testisnony and evidence upon which the appeal is based. The City neither provides not prepares such record. R C11"Y AITORIETS 01' 11,11c"Aill"i DELRAY BEACH MEMORANDUM r 1 11 N 1 11 A bCftd CTO: Mayor and City Commission AH-Americahy 1001-0/ FROM: Noel Pfeffer, City Attorney DATE: February 4, 2016 M93 2001 SUBJECT: Special Meeting of February 9, 2016 Closed Attorney/Client Session Edwards CDS, LLC v. City of Delray Beach, Florida Case No, 502015CA007155XXXXMB AE The purpose of this memorandum is to call for a closed attorney-client session and City Commission Special Meeting pursuant to Florida Statutes §286.011(8) commencing at 5:00 p.m., February 9, 2016, to discuss settlement strategy related to the litigation in the above referenced case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. The estimated length of the closed session shall be approximately 60 minutes. The following persons will be attending: Mayor Cary Glickstein, Vice Mayor Shelly Petrolia, Deputy Vice Mayor Al Jacquet, Commissioner Jordana Jarjura, Commissioner Mitchell Katz, City Manager Donald Cooper, City Attorney Noel Pfeffer, Jamie Alan Cole, Special Counsel, and a certified court reporter." After the closed session is over, the Mayor should announce that the Special Meeting is reopened, and the closed session is terminated. By copy of this memorandum to Donald Cooper, City Manager, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for 5:00 p.m., February 9, 2016 and that the agenda item 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 Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. Statutes & Constitution Niew Statutes : Online Sunshine Page 1 of 2 Select Year: F2015 V 7GoJ l�� �u�2015 Florida Statutes Title XIX Chapter 286 View Entire Chapter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 288.011 Public meetings and records; public inspection; criminal and civil penalties.— (I ) All meetings of any board or commission of any state agency or authority or of any agency or authority ofany county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which nfOdai acts are to be token are declared to be public meetings open tothe public at at[ times, and no resolution, rule, orformal action shall be considered binding except ostaken ormade atsuch meeting. The board orcommission must provide reasonable notice ofall such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shalt be promptly recorded, and such records shalt be open to public inspection. The circuit courts of this state shalt have jurisdiction to issue injunctions to enforce the purposes of this section upon application bvany citizen ofthis state. (3)(u) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable byfine not exceeding $500. ' (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree' punishable as provided in x. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is o misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775,083. (4) Whenever an action has been filed against any, board or commission ofany state agency or authority nrany agency or authority ofany county, municipal corporation, or political subdivision to enforce the provisions ofthis section ortoinvalidate the actions ofany such board, commission, agency, or authority, which action was taken in violation nfthis section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member ormembers of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fess shall be assessed against individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duty authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board' commission, agency, orauthority to have violated this section, and such order isaffirmed, the S Statutes & Constitution Niew Statutes : Online Sunshine Page 2 of 2 court shall assess a reasonable attorney's fee for the appeal against such buard, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice isfollowed, nVsuch fees shall beassessed against the individual member or members ofthe board nrcommission. (6) All persons subject tnsubsection (1) are prohibited from holding meetings atany facility or location which discriminates on the basis ofsex, age, race, creed' color, origin, oreconomic status or which operates in such amanner aytounreasonably restrict public access to such afacility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county' municipal corporation' or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority orany agency orauthority ofany county, municipal corporation, orpolitical subdivision, and the chief administrative or executive officer of the governmental entity, may meet inprivate with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shalt advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter ofthe meeting shall be confined to settlement negotiations orstrategy sessions related tolitigation expenditures. (c) The entire session shalt be recorded by a certified court reporter. The reporter shall record the times ofcommencement and termination o[the session, all discussion and proceedings, the names of at( persons present at any time, and the names of all persons speaking. No portion of the session shall be off the racVrd. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within areasonable time after the meeting. (d) The entity shalt give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shalt commence at an open meeting otwhich the persons chairing the meeting shall announce the commencement and estimated length of the uttorney'cUen1sossion and the names ofthe persons attending. Atthe conclusion of the attorney'chentsession, the meeting shall bereopened, and the person chairing the meeting shalt announce the termination ofthe session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.—s. 1, ch. 67'356; s. 159, ch. 71'136; s. 1' ch. 78-365; s. 6' ch. 85-301; y. 33' ch. 91'224; s. l, ch. 93'232; s. DQ. Copyright 1995-2015 The Florida Legstatuve " Privacy Stateme ~gontauct-Us cfm7Ann rnnde=Dimt)}ov Sta1ute&Searoh St.