Minutes 08-26-03 MTNUTES OF THE SPECTAL CIIY COMMTSSTON ME~-~ ~NG
HELD TN COMf4TSSTON CHAMBERS~ CZTY HALL~ BOYNTON BEACH~ FLOR~DA~ ON
TUESDAY~ AUGUST 26~ 2003 AT 2:00 P.M.
Present
Gerald Broening, Mayor
Mike Ferguson, Vice Mayor
Mack McCray, Commissioner
Carl McKoy, Commissioner
Absent
Ron Weiland, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Kerry Ezrol, Assistant City Attorney
Janet Prainito, City Clerk
Mayor Broening called the meeting to order at 2:09 p.m.
City Attorney Cherof announced that this was a Special Meeting of the Commission. The
purpose of this meeting is to recess into a dosed-door session, pursuant to Florida Statute
286.0:[:[(8) that permits the Commission to discuss pending litigation strategy behind closed
doors. Those in attendance during the closed-door session will be members of the Commission,
the City Manager, the City Attorney and Kerry Ezrol, Assistant City Attorney. The following two
cases will be discussed:
· The City of Boynton Beach, Petitioner vs. Triple C Leasing, l~nc. - Case No. 2003 CA
6745 AH
· The City of Boynton Beach, Petitioner vs. Barcelona Pre-Cast, l~nc. - Case No. CA 02-
13558 AN
City Attorney Cherof explained that they would be in the closed-door session for approximately
30 minutes. They will then return to the Special Meeting where Commission action would be
necessary in the public setting to resolve one of the cases.
Motion
Vice Mayor Ferguson made a motion to recess. Motion was seconded by Commissioner McCray
and carried unanimously.
The Commission went into Executive Session at 2::[0 p.m. and the Special Meeting resumed at
2:58 p.m.
Assistant City Attorney Ezrol confirmed the terms of the discussion that took place in the
Executive Session as it related to the owner of the property, Triple C Leasing, :[nc. The City
Attorney's Office was authorized to settle with them in the amount of $1,527,000 that includes
$27,000 for attorneys' fees and costs.
Meeting Minutes
Special City Commission Meeting
Commissioner McCray moved to accept the terms as stated. Motion was seconded by
Commissioner McKoy and carried unanimously.
Assistant City Attorney Ezrol stated that with respect to the tenant on the property, Hayes
Clinical Laboratory, Inc., the City Attorney's Office was authorized to settle in the amount of
$325,000 inclusive of attorneys' fees and court costs. Additionally, the tenant will be permitted
to remain in possession of the premises through January 1, 2004. The City will be permitted to
post signs on the property announcing the construction of the fire station.
Commissioner McCray made a motion to accept the terms for the tenant as stated.
Commissioner McKoy seconded the motion.
Mayor Broening asked who would receive the rent during that period. Assistant City Attorney
Ezrol said that the rent is waived during that time period.
Vote
The motion carried 3 to I with Vice Mayor Ferguson dissenting.
City Attorney Cherof announced that this concluded the agenda items today. He acknowledged
the presence of Rosemarie Lamanna, Paralegal, and thanked her for her assistance with all the
paperwork.
There being no further business, the meeting properly adjourned at 3:01 p.m.
Deputy city Clerk
(8/26/03)
Commissioner