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Agenda Special 02-22-00 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING & WORKSHOP - FEBRUARY 22, 2000 6:00 P.M. - FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal 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 program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are avuihble for meetings in the Commission Chambers. ~VORKSHOP AGENDA (1) Cost of converting NE/SE 1st Street one-way pair to two-way streets. (Randal Krejcarek) SPECIAL MEETING AGENDA (1) Lake Ida Road Median Width: Consider a proposal to vary the median width proposed for the Lake Ida Road (Congress Avenue to Military Trail) road widening project. (2) Response to request by Dharma Properties, Inc. pursuant to Fla. Stat. 163.3215. Closed Attorney/Client Session pursuant to F.S. 286.011 (8) re: Scheinberg et al. v. Ci9 of Ddrqy Beach. Attendees: Mayor Jay Alperin Commissioner Pat Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. (4) Stanley Scheinbe~ et al. v. City of Ddra) Beach settlement proposal. (5) Commission comments Please be advised that if a person decides to appeal any decision mad I respect to any matter considered at this meeting, such person will need tI includes the testimony and evidence upon which the appeal is based. I prepares such record [ ALISON MACGREGOR HARTY FEBRUARY 22, 2000 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Aiperin in the Ftrst Floor Conference Room at Clq Hall at 6:25 p.m. on Tuesday, February 22, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Comrmssloner David Schmidt Commissioner Bill Schwartz Mayor Jay Alperin Absent - None Also present were City Manager Dared T. Harden and City Attorney Susan A. Ruby. Prior to convening the specml meeting, Mayor Alperin announced that Item 0), Closed Attorney/Client Session, and Item (4), Stanley Scheinberg, et a.. v. City of Delray Beach settlement proposal, had been removed from the special meeting agenda. He then called the special meeting to order and announced that it had been called for the purpose of considering the following items: 0) Lake Ida Road Median Width: Consider a proposal to vary the median width proposed for the Lake Ida Road (Congress Avenue to Military Trail) road w~denmg project. No mouon. Majority consensus to go with fifteen ft. (15') median with w~denmg out at Lawrence Road if it can be done. The City Manager will communicate w~th the County. (2) Response to request by Dharma Properties, Inc. pursuant to Fla. Stat. 163.3215. The City Attorney stated that Dharma Properties, Inc. has filed a verified complaint alleging the conchtional use approvals and the ordinance rezonmg part of Block 69 pertaimng to the Worthing Place project are inconsistent with the C~ty's Comprehensive Plan. The City has tlurty (30) days to respond to thmr request to repeal these act_tons. The City Attorney's office recommends that the City Commission respond by denying Dharma Properties, Inc.'s request to repeal the granting of conchtional use approvals and further recommends that the City Commission deny Dharma Properties, Inc.'s request for the repeal of Ordinance No. 4%99. Mr. Schmidt so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schrmdt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote. (2) REMOVED O) REMOVED (4) Commission comments. Mayor Alperin commented that he had received an inmtation to attend an Open House at the Nauonal Church of God on Thursday, March 9, 2000, from 8:00 to 9:00 a.m. He cannot attend and asked xf another Commissxon member rmght be able to attend in his place. Mayor Alperin further commented that the FEC Railway has repeatedly raised its rental fees for property that the City leases from it and asked if there had been any effort made through the Florida League of Cities to present a unified front by municipalities who have been hard hit by these increases to complain about them? The City Manager was not aware of anything along this line. Mayor A1perin suggested bringing it up to the Florida League of C~ties to see ff it is something they might want to consider m the future. He felt ~t was unreasonable that the increases go on uncontrolled and the FEC is pretty much able to dictate whatever ~t wants. The City Manager commented that Palm Beach County Day will take place in the Legislature in Tallahassee on Wednesday, March 8, 2000. The City of Delray Beach signed on this year as a non-profit sponsor for $250.00. There are some privileges that go with that such as tickets to chfferent events and the like. If the Mayor or any of the Comrmss~oners wants to go up for tins event, let the C~ty Manager know and he will be sure to promde this reformation. 6:55 p.m. There being no further business, the meeting was adjourned by Mayor Alperin at City Cle~ r ATTEST: - 2 - February 22, 2000 Special Meeting MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM~/9. [ - SPECIAL MEETING OF FEBRUARY 22, 2000 LAKE IDA ROAD MEDIAN WIDTH FEBRUARY 18, 2000 On Thursday, February 172, County Commissioner McCarty, Commissioner Schmidt and City staff met with representatives of the communities along Lake Ida Road about the median w~dth proposed in conjunction w~th the road w~dening project. It was agreed to vary the width of the median along the roadway expanse as determined to be appropriate in various locauons. A narrower width was requested adjacent to the Rainberry Bay commumty although the exact v~dth was not decided. The representatives from Ramberry Bay asked for additional time to chscuss the w~dth xmth their residents, and they will let us know by Tuesday what would be acceptable to them. RefiAgmemol.Lake Ida Road Me&an W~dth MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM,~/9. I - SPECIAL MEETING OF FEBRUARY 22, 2000 LAKE IDA ROAD MEDIAN WIDTH FEBRUARY 18, 2000 On Thursday, February 17m, County Commissioner McCarty, Commissioner Schmidt and City staff met with representatives of the communiues along Lake Ida Road about the median width proposed in conjunction with the road widening prolect. It was agreed to vary the width of the median along the roadway expanse as determined to be appropriate in various locations. A narrower width was requested adjacent to the Rainberry Bay community although the exact width was not dec~ded. The representauves from Rainbeny Bay asked for additional time to discuss the width with their resxdents, and they will let us know by Tuesday what would be acceptable to them. Ref:Agmemol.Lake Ida Road Median Width CITY I:IF DELRI3¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 DELRAY BEACH f t o · I D A Writer's Direct Linc: 561/243-7091 1993 DATE: February 17, 2000 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Dharma Properties, Inc. v. City of Delray Beach - Complaim Pursuant to Section 163.3215, Florida Statutes Dharma Properties, Inc. has filed the above complaint alleging the conditional use approvals and the ordinance rezoning part of Block 69 pertaining to the Worthing Place project are inconsistent with the Comprehensive Plan. Florida Statute 163.3215 gives the City 30 days to respond before the complaint is filed in court. Our office recommends that the City Commission respond by denying Dharma Properties, Inc. 's request to repeal the granting of conditional use approvals and further recommends that the City Commission deny Dharma Properties, Inc.'s request for the repeal of Ordinance 47-99. By copy to David Harden, our office requests that this matter be placed on the February 22, 2000 City Commission agenda. Please call if you have any questions. SAR:jw [ITY OF DELAI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH Al~kmic~ C~ DATE: 1993 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 February 17, 2000 City Commission Susan A. Ruby, City Attorney SUBJECT: Scheinberg, et al. v. City of Delray Beach The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the February 22, 2000 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above 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 Scheinberg, et al. v. City of Delray Beach. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jay Alperin, Commissioners David Randolph, David Schmidt, Bill Schwartz, and Pat Archer, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, 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 22, 2000 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. SAR:j~ v ~ cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Jay Jambeck, Assistant City Attorney 5P. 3 . FSA § 286.011, Public meetings and records: public inspection: criminal and civil penalties Page I *29301 West's F.S.A. § 286.011 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286, PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS degree, punishable as provided in s. 775.082 or s. 775.083. (c). Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Current through En~ of 1996 2nd Reg. Sess. 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of ali such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine 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 (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this 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 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 is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. *29302 (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, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such hoard, 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 Copyright (c) West Group 1997 No claim to original U.S. Govt. works FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 2 commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (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. (d) The entity shall 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 shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. *29303 CRO I (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entiU', may meet in private 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: CREDIT(S) 1997 Electronic Update CROI Amended by Laws 1991, c. 91-224, ~ 33: Laws 1993. c. 93-232, ~ 1, eft. June 30, 1993: Laws 1995, c. 95-148. ~ 210. eft. July 10, 1995; Laws 1995. c. 95-353, ~ 1, eft. June 17, 1995. <<For addittonal credits, if any, see Historical Note field.>> HISTORICAL NOTES (a) The entity's attorney shall' advise the entity at a public meeting that he or she desires advice concerning the litigation. HISTORICAL AND STATUTORY NOTES 1997 Electronic Update (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. Laws 1991, c. 91-224, a reviser's bill, modified provisions for punishment of misdemeanors as contained in this section by deleting reference to punishment pursuant to § 775 084 to conform with Laws 1988. c. 88-131 which deleted all references to misdemeanors from ~ 775.084. Laws 1993, c. 93-232. § I, elf. June 30, 1993, added subsec. (8). Laws 1995, c. 95-148, a reviser's Nil, removed gender- specific references applicable to human beings without substantive changes in legal effect. Copyright (c) West Group 1997 No claim to original U.S. Govt. works [ITY OF [IELRR¥ BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 - FACSIMILE 561/278-4755 DELRAY BEACH Wnter's D~rect Line. 561/243-7091 1993 DATE: February 17, 2000 TO: Alison Harty, City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: Special Meeting Agenda Items Please place the Scheinberg, et al. v. City of Delray Beach case on the agenda as a closed door session. Attached is the memorandum. In addition to placing the closed door session on the agenda for Tuesday, February 22, 2000, please place an item on the agenda entitled "Stanley Scheinberg, et al. v. City of Delray Beach settlement proposal" as a separate item after the closed door session. There are no back up materials accompanying this item at this time. In a separate matter, please place the following on the agenda, "Response and denial of request by Dharma Properties, Inc. pursuant to Fla. Stat. 163.3215." Please call if you have any questions. SAR:jw Attachment