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Home My WebLink About11-03-09 Executive SessionMINUTES SPECIAL MEETING CLOSED ATTORNEY-CLIENT SESSION November 3, 2009, at 6:15 p.m. Purpose of this meeting is to discuss matters related to settlement negotiations and litigation expenses with regard to the Eminent Domain Action against Armstrong Development Group 1, LLC for Parcel 110 of Maguire Road Phase 5. A. CALL TO ORDER Mayor Vandergrift called the Special Meeting to order at 6:15 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller Also Present: City Attorney Rosenthal, City Manager Frank, Special Counsel Solik, City Clerk Eikenberry B. CITY ATTORNEY COMMENTS Explanation of the Eminent Domain Case and Statutory Process for Closed-Session City Attorney Rosenthal stated that the City is currently a Petitioner in an eminent domain action brought against Armstrong Development Group 1, LLC for Parcel 110 of Maguire Road Phase 5. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange County under Case No. 08-CA-11497. As required by Florida Statutes, Section 286.011(8), I am advising 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 and litigation expenditures. Florida Statutes provide a limited exception from the Sunshine Law for the city's attorneys to meeting 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 to take any action if needed and then to adjourn the meeting. C. ANNOUNCEMENT BY MAYOR VANDERGRIFT Announcement of the Attorney-Client Session, persons in attendance, and estimated time of session. Announcement that meeting will reopen at the conclusion of the Attorney-Client Session Mayor Vandergrift stated that our City Attorney has publicly requested a closed session with the City Commission to discuss settlement negotiations and strategy related to litigation expenditures in the case described by the City Attorney. The persons who will be attending the closed session are myself (Mayor Vandergrift), Commissioner Hood, Commissioner Johnson, Commissioner Keller, Commissioner Wilsen, City Manager Frank, City Attorney Rosenthal, Special Counsel Solik, the Court Reporter, and no others. It is estimated that the closed attorney-client session will last forty-five minutes. Following the conclusion for 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. D. MOVE TO CLOSED SESSION IN CONFERENCE ROOM Attendees: Mayor Vandergrift, Commissioner Hood, Commissioner Johnson, Commissioner Keller, Commissioner Wilsen, City Manager Frank, City Attorney Rosenthal, Special Counsel Solik, the Court Reporter, and no others. Closed session took place between 6:21 p.m. - 6:47 p.m. in the Commission Conference Room. E. RETURN TO COMMISSION CHAMBERS AND REOPEN SPECIAL MEETING. Announce the time of the termination of the closed session. Comments or proposed action from the City Commission Special Counsel Mary Solik stated that her recommendation is that in the case of City of Ocoee Vs. Lakendon, Inc. -Parcel 110, Eminent Domain Action, that the Commission direct the City Attorney and staff to make an offer of judgment on Parcel 110 in the amount of $860,000. Commissioner Keller, seconded by Commissioner Hood moved to direct the City Attorney and staff to make an offer of judgment on Parcel 110 in the amount of $860,000 in the case of City of Ocoee Vs. Lakendon Inc. Motion carried 5-0. F. ADJOURNMENT The meeting was adjourned at 7:48 p.m. Attest: Beth Eikenberry, City Cler1 APPROVED: City of Ocoee G~ ~) ! ~~ ~ S. Scott Vandergrift, ayor Attachments Meeting Notice Request for Closed Session from City Attorney Rosenthal Transcript NOTICE THE OCOEE CITY COMMISSION WILL MEET IN SPECIAL SESSION FOR AN ATTORNEY-CLIENT MEETING TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENSES RELATED TO THE PENDING LITIGATION WITH ARMSTRONG DEVELOPMENT GROUP 1, LLC (MAGUIRE ROAD PHASE 5 -PARCEL 110) (CITY OF OCOEE v. LAKENDON, INC., ET AL, ORANGE COUNTY CIRCUIT COURT CASE NO. 08-CA-11495) ON NOVEMBER 3, 2009 AT 6:15 P.M. IN THE CITY COMMISSION CHAMBERS AND CONFERENCE ROOM IN ACCORDANCE WITH FLORIDA STATUTES SECTION 286.011(8). PRESENT WILL BE MAYOR VANDERGRIFT, COMMISSIONER HOOD, COMMISSIONER JOHNSON, COMMISSIONER KELLER, COMMISSIONER WILSEN, CITY ATTORNEY ROSENTHAL, CITY MANAGER FRANK SPECIAL COUNSEL MARY SOLIK, THE COURT REPORTER AND NO OTHERS. THE SESSION WILL COMMENCE AT AN OPEN MEETING. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE PUBLIC MEETING WILL BE REOPENED. ORLA_1451310.1 006.319324.1 :FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT•MATTER NUMBER 020377-0581 T0: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney CC: Rob Frank, City Manager Jamie Croteau, Assistant City Manager David Wheeler, City Engineer Mary Solik, Esq. DATE: October 27, 2009 RE: Request for Closed Session: Maguire Road Phase 5 -Armstrong Development Group 1, LLC -Parcel 110 (City of Ocoee v Lakendon, Inc., et al /Orange County Circuit Court Case No 08-CA-11497) The provisions of Section 286.011(8), Florida Statutes, authorize the City Commission to meet in private (outside of the Sunshine) with the City Attorney to discuss pending litigation. A private session must begin and end with an open public meeting. The City Attorney must make a public request for a private meeting. The subject of the meeting is confined to settlement negotiations or strategy sessions related to litigation expenses. A court reporter is required to be present and a full transcript of the private meeting is made with the transcript being released at the conclusion of the litigation. No off the record discussions are permitted. If formal action is required, that action must be taken at the public meeting. The City is currently involved in the above referenced litigation with Armstrong Development Group 1, LLC regarding the City's acquisition by eminent domain of Parcel 110 of the Maguire Road Phase 5 Project. This parcel has previously been acquired by the City through a "quick-take" proceeding. At the meeting of November 3, 2009, I will advise the Commission that I need advise concerning this litigation and request that a closed private session be held to discuss settlement negotiations and strategy related to litigation expenses. Those persons present would be City Attorney Paul Rosenthal, Special Counsel Mary Solik, City Manager Rob Frank, the members of the Commission and a court reporter. No other persons may attend. It is requested that the City Commission schedule a special meeting for Tuesday, November 3, 2009 at 6:15 pm at the City Commission Chambers and that a private closed session of the City Commission be held to discuss settlement negotiations and strategy related to litigation expenses in connection with the acquisition by the City of Maguire Road Phase 5 Parcel 110. It is estimated that the meeting will take between 30 and 45 minutes. ORLA_1451334.1 CITY OF OCOEE COMMISSION MEETING SPECIAL SESSION IN RE: ARMSTRONG DEVELOPMENT GROUP, PARCEL 110 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DATE: NOVEMBER 3, 2009 TIME: 6:15 P.M. - 6:48 p.m. LOCATION: 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 REPORTED BY: JOANNE HAHN, RPR COURT REPORTER AND NOTARY PUBLIC * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ORIGINAL Orange Reporting, Inc. 800-275-7991 2 A P P E A R A N C E S: S. SCOTT VANDERGRIFT, MAYOR JOEL KELLER, COMMISSIONER GARY HOOD, COMMISSIONER ROSEMARY WILSON, COMMISSIONER RUSTY JOHNSON, COMMISSIONER PAUL ROSENTHAL, CITY ATTORNEY ROBERT FRANK, CITY MANAGER BETH ELKENBERRY, CITY CLERK MARY DOTY-SOLIK, ESQUIRE OF: Law Office of John DiMasi 801 North Orange Avenue, Suite 500 Orlando, Florida 32801 Orange Reporting, Inc. 800-275-7991 ~'~~~ ,. S~ ~ ~: LAW OFFICES OF JOHN L. DI MASI, P.A. ~ _ ~' ,~ 801 N. ORANGE AVENUE, SUITE 500 _~_ ~ ~~~ ORLANDO, FLORIDA 32801-1014 PH: 407-839-3383 • Fx: 407-839-3384 JOHN L. DI MASI FRANK J. LACQUANITI idimasi~«~orlando-law.com flacquanitiC~orlando-law.com MARY DOTY SOLIK TIFFANY MOORS RUSSELL PARTNER ORANGE COUNTY COMMISSIONER msolik~ Orlando-law.com November 19, 2009 tmrussell~~orlando-law.com WENDY SHAY TEMPLE wtemple(~orlando-law com Ms. Beth Eikenberry City Clerk City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Re: November 3, 2009 City Commission Closed Session City of Ocoee v. Lakendon, et al. Dear Beth: Enclosed find the transcript of the November 3, 2009 City Commission Closed Session . This transcript is not subject to public record disclosure until the conclusion of the referenced litigation. If you have any questions, please call. Sincerely yours, Mary D. Solik Special Counsel, City of Ocoee MDS/jc enclosure ~pa~ cc.2 at www.orlando-law.com