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HomeMy WebLinkAbout05-27-10 Closed SessionMINUTES SPECIAL MEETING CLOSED ATTORNEy_CLIENT SESSION May 27, 2010, at 5:00 p.m, This meeting was called by Commission Wilsen for the discuss settlement negotiations and strate litigation [City of Ocoee Vs. Lakendon Inc pose of anattorney-client meeting to gy for litigation expenses related to the pending Maguire Road Phase 5 Parcel 110) Orange Counet al (Armstrong Development Group 1, LLC- ty Circuit Court Case No. 08-ca-11495]. A. CALL TO O1tDER Mayor Vandergrift called the Special Meeting to order at 5:0 Chambers of City Hall. City Clerk Eikenber 0 P•m• in the Co ry called roll and declared a uo mmission Roll Call: Commissioner Hood, Co q rurri Present. Johnson and Co mmissioner Wilsen, Mayor Vander rift Co mmissioner Keller g mmissioner Also Present: City Attorney Rosenthal, City Manager Frank, S ecia Eikenberry p 1 Counsel Solik, City Clerk B• CITY ATTORNEY COMMENTS Explanation of the Eminent Domain Case and Statutory Process for Closed-Session City Attorney Rosenthal explained that the City brought a co Armstrong Development Group 1, LLC to acquire Parcel 110 of Protect. The case was filed in the Circuit Court fo ndemriation action against under Case No. 08-CA-11495. The Ci the Maguire Road Phase 5 ty has previously acquired h'tle olp~uit of Orange `County tie" proceeding. A 4-day jury trial on the value of the propert tak of May 17, 2010. The cel 110 in a quick- as the Offer of Judgment p eviously authori etdwhich exceeded the Cen was held during the week for the City to file certain motions to a by the Cit Co 1y's appraised value as well deadline for filing certain motions with the Co r otherwis challenge the verdict in the pa ortunity the need to get some direction from the Cit Co is June 1, 2010. e• The Section 286.011(8), I am advising the Ci Y mmission; and as equiredtby Florida Stae and t e litigation and to discuss with the Ci Co ty Commission that I desire to have advice concerning settlement negotiations and strate ~ mmission, in a closed session, matters related to gy re ating to litigation expenses. Florida Statutes provide a limited exception from the Sunshine Law for the city's attorne City Commission to discuss pending litigation to which the Ci Florida law, reasonable notice of the closed session Ys to meeting in private with the date of the closed attorney client session and the ~' is a party. As required by has been given which identifies the time and names of the persons who will be attending. The entire session will be recorded by a certified court reporter and be off the record. The court reporter's notes will be full tran no portion of the session may Clerk. At the conclusion of the litigation, the transcript of thescribed and filed with the City record. It is not permissible to leave the meeting to consult with o tin subject matter of the meetin , g will become a public necessary to meet in public t g ake ~ wing the conclusion of the closed sess n~gazd~g the agenda has been structured so as to allow fo~public actionb t hee to ad'o be action be necess J urn the meeting. The ary following the closed session. Y Cl~' COmmission should such 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 Wilsen, Commissioner Johnson, Commissioner Keller, City Manager Rob Frank, City Attorney Paul Rosenthal, Special Counsel Mary 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 5:03 p.m. - 5:30 p.m. in the Commission Conference Room. Transcript attached. 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 Mayor Vandergrift reopened the Special Session of the Ocoee Commission and announced that the closed attorney client session was terminated at 5:30 p.m. He asked if there were any comments from the members of the City Commission or any proposed actions and there were none. ~ F. ADJOURNMENT The meeting was adjourned at 5:32 p.m. Attest: APPROVED: City of Ocoee Eikenberry, City Cler S. Scott Vandergrift, Mayor Attachments Meeting Notice Request for Closed Session from City Attorney Rosenthal Transcript