TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Request Attorney-Client Session In Re: City of North Port v. Crystal Neuman, et. al. Case No. 2015 CA 001167 NC in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida
Recommended Action
Request Attorney-Client Session In Re: City of North Port v. Crystal Neuman, et. al. Case No. 2015 CA 001167 NC in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida
Background Information
Attorney Kevin Russell representing the defendants Crystal Neuman et. al. has provided an offer to settle Case No. 2015 CA 001167 NC, City of North Port v. Crystal Neuman et al. A copy of Mr. Russell’s letter is included in the back-up documents.
Case No. 2015 CA 001167 NC is one of two actions by and between the City of North Port and the Neumans.
Case No. 2015 CA 001167 NC was authorized by the City Commission on February 23, 2015. The Commission authorized an injunction 1) to enforce the city code; the Neumans were operating a business without possessing a business tax receipt, and 2) to enforce a Code Enforcement Order in case # 15-391 to cease operation of kenneling puppies on residential property for commercial gain. A copy of the Code Enforcement Order is included in the back-up documents. The City Attorney’s Office is handling this matter in-house. The Circuit Court issued a partial injunction. A copy of the Order issuing a partial injunction is attached. The court enjoined selling dogs from the property. The City appealed the decision. The matter was pending appeal from January 15, 2016 until August 17, 2016. The Appellate Court affirmed the Circuit Court’s ruling. Since the ruling, a second Motion for Summary Judgment with supporting affidavits is in process of being drafted, researched and filed.
The second action was filed by the Neumans (Case No. 2016 CA 000427 NC). They filed an application for a Special Exception to allow for the use of the property (1668 Tropicaire Blvd.) for a puppy kennel in the Agricultural (AG) Zoning District. Their application was denied by the City Commission April 27, 2015. A copy of the denial is attached in the back-up materials. They appealed the City Commission’s denial to the Circuit Court. The Circuit Court quashed the City Commission’s denial and remanded the matter back to the City Commission for further proceedings. A copy of the Court’s order remanding the matter back to the City Commission is attached. No firm dates for the remanded proceedings have been scheduled yet. Attorney Maggie Mooney-Portale is serving as your legal advisor on this matter. She is working with Neighborhood Development Services, and Mr. Russell the Neumans’ attorney to reschedule the proceedings as necessary.
The executive session is being requested to “to discuss pending litigation to which the entity is presently a party before a court or administrative agency”. (IN THE FIRST CASE, ONLY - CASE NO. 2015 CA 001167 NC, City of North Port v. Crystal Neuman et al)
The rules for an Executive Session are provided in Florida Statutes §286.011(8) are as follows:
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 litigation to which the entity is presently a party before a court or administrative 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.
Strategic Plan
N/A
Financial Impact
N/A
Procurement
N/A
Attachments:
1. Settlement Communication - W. Kevin Russel P.A. letter dated March 16 2017
2. Order Issuing a Partial Injunction
3. Order in Case # 15-391
4. Letter of denial SPX-14-158
5. Court’s Order Remanding the Matter Back to City Commission
Prepared by: Mark Moriarty
Department Director: Mark Moriarty