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HomeMy WebLinkAbout3. Closed Session with Special Counsel & City Manager Ellis Shapiro re: Settlement Negotiation in Case No. CI 98-1332 BULL AND ASSOCIATES, P.A. ATTORNEYS AND COUNSELORS AT LAW STEPHEN M.BULL Telephone(407)843-5291 I OO 1t T ,RAIM AlENTE MARIO ROMERO Telecopier(407)843-4920 SUITE 1700 CHRISTOPHER P. DEMETRIADES ORLANDO,FLORIDA 32801 January 26, 2000 Via Facsimile 407-656-5725 The Honorable Mayor Vandergrift The City Commission Mr. Ellis Shapiro, City Manager City of Ocoee 150 North Lake Shore Drive Ocoee, Florida 34761 Re: City v. Hsu, Huber, and Great American B&A File No. 104-123 Gentlemen: I have enclosed the Script for Compliance for the proposed closed meeting on February 1, 2000, concerning the City's litigation against C.T. Hsu & Associates, P.A., Huber Design and Construction, Inc and Great American Insurance Company. I have requested that the City Commission meet in public session at 6:30 p.m., February 1, 2000, and that the Mayor adjourn the meeting to the City Commission Conference Room to discuss this matter "out of the Sunshine" in accordance with Florida Statutes. After the closed session, the Commission will re-meet in public session where a proposed settlement of some of the issues may be voted upon. Very yours, Steph . Bull SMB/dp Enclosure cc: Marisa Dawson U:\WPDOCS\104\123\City Letter re 2-1-00 SPECIAL MEETING OF OCOEE CITY COMMISSION: SCRIPT FOR COMPLIANCE WITH REQUIREMENTS FOR CLOSED MEETING ON FEBRUARY 1, 2000: (1) Special Counsel Comments: The City is currently the Plaintiff in an action brought against C.T. Hsu & Associates, P.A., Huber Design and Construction, Inc., and Great American Insurance Company. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange County under Case No. CI 98- 1332. As required by Florida Statutes, Section 286.011(8), .I have previously advised the City Commission that I desire to have advice concerning this litigation and to discuss with the City Commission, in a closed session, matters related to settlement negotiations. Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to meet in private with the City Commission to discuss pending litigation to which the City is a party. As required by Florida law, reasonable notice of the closed session has been given which identifies the time and date of the closed attorney- client session and the names of the persons who will be attending. The entire session will be recorded by a certified court reporter and no portion of the session may be off the record. The court reporter's notes will be fully transcribed and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting will become a public record. It is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. Following the conclusion of the closed session, it will be necessary to meet in public in order to adjourn the meeting. (2) Mayor Vandergrift should announce the following: Our Special Counsel has previously requested a closed session with the City Commission to discuss settlement negotiations in the case described by the Special Counsel. The persons who will be attending the closed session are Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, Commissioner Parker, City Manager Ellis Shapiro, Special Counsel Stephen M. Bull, Special Counsel Mario Romero, the Court Reporter, and no others. It is estimated that the closed attorney-client session will last one hour. Following the conclusion of the attorney-client session, the meeting will be reopened in order to announce the termination of the closed session and take such other action as the City Commission may deem appropriate. The City Commission will now move into closed session. (3) Comments by Mayor Vandergrift following closed session: I hereby reopen the Special Meeting of the City Commission and announce that the closed attorney-client session has been terminated. The time is p.m. Are there any comments from the members of the City Commission or any proposed actions?