11-10-98SpMtg NOVEMBER 10~ 1998
A Special Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the First Floor Conference Room at City Hall at 6:00 p.m. on
Tuesday, November 10, 1998.
Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were City Manager David T. Harden and City
Attorney Susan A. Ruby.
Mayor Alperin called the meeting to order and announced
that it had been called for the purpose of considering the
following item:
(1) Settlement/Younginger v. City et al: Consider settlement
of the referenced matter.
The City Attorney stated that the Plaintiff, through his
attorney, has offered to settle this case with the City for
$100,000.00, which would include all attorney's fees and costs.
There remains pending a lawsuit in federal court against the
City arising out of this same incident asserting a violation of
Mr. Younginger's constitutional rights. If the Plaintiff were
to prevail in that lawsuit, the $100,000.00 would be an offset
to any judgment he received.
The City Attorney further stated that if the Commission
were to accept the settlement offer, her office would obtain a
complete release from the Plaintiff for his state law claims.
Approval of the settlement offer is recommended.
Mr. Schmidt moved to approve the settlement offer as
recommended by the City Attorney, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mr. Schmidt - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor ~lperin - Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Alperin declared the
special meeting adjourned at 6:05 p.m., at which time the
Commission convened the regularly scheduled workshop meeting.
City C~erk -
ATTEST:
T 'he~un!7~~i City Clerk of the City of De lray Beach,
Florida, and the information provided herein is the minutes of
the Special Meeting of the City Commission held on November 10,
1998, which minutes were formally approved and adopted by the
City Commission on November 17, 1998.
NOTE TO READER: If the minutes you have received are not
completed as indicated above, this means they are not the
official minutes of the City Commission. They will become
official only after review and approval by the City Commission
which may involve amendments, additions or deletions to the
minutes as set forth above.