01-16-04 Minutes SpMtg SPECIAL MEETING
CLOSED ATTORNEY/CLIENT SESSION
JANUARY 16, 2004
A Special Meeting/Closed Attorney/Client Session of the Cit)T Commission of the
Cit)T of Delray Beach, Florida, ~vas called to order by Mayor Jeff Perlman in the City Manager's
Conference Room at City Hall at 7:32 A.M., Friday, January 16, 2004, and it ~vas read into the
record, in accordance to Florida Statutes 286.011 (8), that the Closed Attorney/Client Session ~vould
be hdd to consider Settlement in the Coral Trace Home O~vners' Association Inc., et al. v. City of
Ddray Beach and the City of Ddray Beach vs. Dharma Properties, Inc., et al case and after the
closed session is over, the Mayor ~vould reopen the public meeting and announce that the dosed
session is terminated.
At 8:25 A.M. Mayor Perlman reopened the Special Meeting and made the
announcement that Commission ~vould proceed ~vith the public meeting and address the Dharma
Properties, Inc. settlement first.
1. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Coral Trace
Home O~vners' Association, Inc., et al. v. Cit3~ of Delray Beach Case No. CA-02-009904-AF.
Attendees:
Mayor Jeff Perlman
Commissioner Bob Costin
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy (Absent)
City Manager David T. Harden
City Attorney Susan A. Ruby
Harry Handler, Esq.
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation expenditures
in the above case.
2. SETTLEMENT OF THE CORAL TRACE HOME OWNERS' ASSOCIATION,
INC., et al. v. CITY OF DELRAY BEACH
Commissioner Levinson made a motion giving staff direction to pursue the settlement ~vith Coral
Trace Home O~vners' Association as outlined and bringing back to Commission a settlement
document taking into consideration some of issues discussed this morning by Commission,
seconded by Commissioner Costin. Upon roll call, the Commission voted as foilo~vs: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed 4-0.
3. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma
Properties, Inc., et al. v. City of Delray Beach Case No. 2003 CA 002934 AN.
Attendees: --
Mayor Jeff Perlman
Commissioner Bob Costin
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy (Absent)
City Manager David T. Harden
City Attorney Susan A. Ruby
Bill Doney, Esq.
A certified court reporter
Discuss settlement negotiations and strategy related to litigation expenditures
in the above case.
4. SETTLEMENT OF THE DHARMA PROPERTIES, INC., et al. v. CITY OF
DELRAY BEACH
Commissioner Levinson moved to approve the proposed settlement with Dharma Properties, Inc.
with an amendment to include a general release involving all parties and a request that the CRA
reimburse the monies for the acquisition of the parcel of land, the settlement amount being
$135,000.00, seconded by Commission Costin. Upon roll call, the Cormmssion voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
4-0.
Mayor Perlman declared the Special Meeting adjourned at 8:30 A.M.
City Clerk
ATI'EST:
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/Closes Attorney/Client Session
of the City Commission held on Friday, January 16, 2004, which Minutes were formally approved
and adopted by the City Commission on l~ebruary 3, 2004
City Clerk
January 16, 2004
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.
January 16, 2004