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10-14-03 SpMtgSPECIAL MEETING OCTOBER 14, 2003 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff perlman in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, October 14, 2003. Roll call showed: Present - Commissioner Patricia Archer (Arrived 6:03) Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: PROPOSAL FOR SETTLEMENT IN JAMES TYLKE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $25,000.00 in James Tylke v. City of Delray Beach. Susan Ruby, City Attorney informed the Commission that the plaintiff has agreed to pay the City $25,000 in attorney's fees and cost and will not go forward with an appeal of this case. It is estimated that the City's costs are approximately $70,000. In addition, should an appeal be made in this case it is estimated that there could be an additional cost of approximately $40,000. Mr. Levinson moved to accept the offer wherein the plaintiff agrees to pay the City $25,000, seconded by Mr. Costin. Prior to the vote Mayor Perlman passed the gavel to Vice Mayor Levinson and proposed a counter offer of $45,000 payable by the plaintiff to the City. This modified motion in the amount of $45,000 was acceptable by Mr. Levinson and Mr. Costin. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Costin - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion of a counter offer of $45,000 payable by the plaintiff to the City was approved 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on October 14, 2003, which Minutes were formally approved and adopted by the City Commission on October 21, 2003. City Clerk 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 the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk The unders'~gned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on October 14, 2003, which Minutes were formally approved and adopted by the City Commission on October 21, 2003. City Clerk 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 the offidal Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2-