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Agenda Special 01-23-01 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA SPECIAL MEETING - JANUARY 23~ 2001 8:30 A.M. - CITY MANAGER'S 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 available for meetings in the Commission Chambers. Special Meeting Agenda 1. REQUEST FROM E.P.O.C.H. FOR ALTERNATE USE OF FUNDING ALLOCATION: Consider a request from E.P.O.C.H. (Expanding & Preserving Our Cultural Heritage, Inc.) to release a restriction on the FY 2001 funds allocated by the City to the Spady Museum to allow the funds to be used for salaries and operating purposes. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011 (8) re: Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-8362CW-Hurley) Dharma Properties, Inc. vs. City of Delray Beach (Case No. AP00-1157-AY) Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss the above pending litigation 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. JANUARY 23, 2001 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the City Manager's Conference Room at City Hall at 8:30 a.m., Tuesday, January 23, 2001. Roll call showed: Present - Commissioner Patricia Archer (arrived at 8:40 a.m.) Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Mayor Schmidt called the special meeting to order and announced that it had been called for the purpose of considering the following items: 1. REQUEST FROM E.P.O.C.H. FOR ALTERNATE USE OF FUNDING ALLOCATION: Consider a request from E.P.O.C.H. (Expending & Preserving Our Cultural heritage, Inc.) to release a restriction on the FY 2001 funds allocated by the City of the Spady Museum to allow the funds to be used for salaries and operating purposes. A request was made by E.P.O.C.H. to amend their restricted fiscal year 2001 grant in the amount of $25,000.00 to an unrestricted grant. A motion to that affect was made by Mr. Schwartz and seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Schwartz- Yes; Ms. McCarthy- Yes; Mayor Schmidt- Yes. Said motion passed with a 5 to 0 vote. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma Properties, Inc. vs. City of Delray Beach (Case 00-8362CW-Hurley) and Dharma Properties, Inc. vs. City of Delray Beach (Case No. AP00-1157-AY) Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss the above pending litigation Mayor Schmidt read the following statement into the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011 in the cases of Dharma Properties, Inc. vs. City of Delray Beach with the case numbers as set forth above. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor David Schmidt, Commissioner Pat Archer, Commissioner Alberta McCarthy. Commissioner Jeff Perlman, Commissioner Bill Schwartz, City Manager David T. Harden, City Attorney Susan A. Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." At this point, the time being 8:43 a.m., Mayor Schmidt adjourned the special meeting to the closed attorney/client session pursuant to F.S. 286.011(8). At 9:30 a.m., Mayor Schmidt reconvened the special meeting and announced that the closed session was terminated. There being no further business, the meeting was ad~l a.m~v./~ Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Special City Commission Meeting held on January 23, 2_001, whic, h minutes were formally approved and adopted by the City Commission on~ ~ ~ ,~.oo I . Acting 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 some amendments, additions or deletions. EPOCH Exlmnding & Preserving Our Culturd Heritage, lne~ A NON-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA EPOCH P.O. Box 3077 Defray Beach, FL 33447 Phone: 561-279-8883 Fax: 561-272-4376 E-mall: epochlnc@bellsouth.net President Vera R. Farrington Vice President C. Spencer Pompey Vice President Clarence M.Vaughn 'h'e~surer Brahm Dubin Secretary Rosalind Murray Board Members Bob Christie Eugene Herring Kenneth Howard Mark. S. Reingold, Esq. Nancy Stein Museum Advisory Board Paula Allen St. Andrews School W. Rod Faulds, Director FAU University Galleries Dottle Patterson, Archivist Delray Beach Historical Society Larry Rosenswelg, Director The Morikami Museum and Japanese Garden 'Until the lions have their historians, the to/es of the hunt will continue to glorify the hunter." ... an African Proverb January19, 2000 Mr. T. David Harden City Manager-City of Delray City Hall 100 N.W. 1~t Avenue Delray Beach, Florida 33447 Mr. David T. Harden: Per our meeting with you on Friday, January 19, 2000, EPOCH is requesting the City of Delray to amend our restricted fiscal year 2001 grant in the amount of $25,000 to an unrestricted grant. The subject grant was awarded to EPOCH for fiscal year 2001 from the city's Benevolent Charitable Contributions. The funds are currently restricted to use on either phase H of The Spady Museum renovations or towards the renovations of the Munnings Bungalow. While we still need funds for our renovation efforts, we have a more immediate need for operating capital. EPOCH currently does not have the cash flow to support its Executive Director, its Administrative Assistant and Office expenses. EPOCH's board of directors thought that this particular grant was unrestricted and could be used for operating expenses. I was not aware of the grant restrictions until after I requested a copy of the grant paper work from your office. Thank you so very much for meeting with us on short notice. We at EPOCH appreciate all of your financial support. Sincerely, Executive Directive Sj/emw [ITY OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 199½ FROM: MEMORANDUM January 18, 2001 City Commission Susan A. Ruby, City Attorney SUBJECT: Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-8362CW- Hurley) Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-AP00-1157 ^Y) The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for Tuesday, January 23, 2001 at 8:30 a.m. at a special meeting called by the City Commission to discuss the above pending litigation. 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 cases of Dharma Properties, Inc. v. City of Delray Beach with the case numbers as set forth above. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Bill Schwartz, Pat Archer, Jeff Perlman, and Alberta McCarthy, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." Afler the closed session is over, the Mayor should announce that the 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 January 23, 2001 at 8:30 a.m. 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. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Jay Jambeck, Assistant City Attorney 86.011 Public meetings and rec~ 4s; public inspection; criminal AS IS Page 286.011 Public meetings and records; public inspection; criminal and civil penalties. TITLE XlX PUBLIC BUSINESS CHAPTER 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS (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 all 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 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. (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. (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 board, 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 is followed, no such fees shall '86.011 Public meetings and recc 's; public inspection; criminal d ~A$ IS I Pag~ be assessed against the individual member or members of me board or commission. (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. (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 entity, may meet in private with the entity's attorney to discuss pending htigation to which the entity is presently a party before a court or admmisb'ative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (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. 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. (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. History.-s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353.