HomeMy WebLinkAbout12-22-03 Minutes SS
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
IN THE SHADE HELD DECEMBER 22, 2003
Call to Order.
Mayor Vandergrift called the Special Session to order at 6:03 p.m. in the Commission
Chambers. City Clerk Grafton called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker.
Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney
Horan, and City Clerk Grafton.
ABSENT: None
City Attorney Rosenthal made the following announcement: "The City is currently a
defendant in an action brought by Ryan Incorporated Eastern regarding the Maguire Road
Improvement Project. The case has been filed in the Circuit Court for the Ninth Judicial
Circuit of Orange County under Case No. CI 03-CA-644. As required by Section
286.011(8), Florida Statutes, 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 the 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.
"The agenda has been structured so as to allow for public action by the City Commission
should such action be necessary following the closed session."
Mayor Vandergrift announced the following: "The City Attorney has requested a closed
session with the City Commission to discuss settlement negotiations and strategy related to
litigation expenses in the case described by the City Attorney. The persons who will be
attending the closed session are Mayor Vandergrift, Commissioner Howell, Commissioner
Anderson, Commissioner Johnson, Commissioner Parker, City Manager Jim Gleason, City
Attorney Paul Rosenthal, Assistant City Attorney John Horan, and no others. It is estimated
that the closed attorney-client session will last forty-five minutes. 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.
Ocoee City Commission Special Session
December 22, 2003
Closed Session with City Attorney Rosenthal, Assistant City Attorney Horan, and City
Manager Jim Gleason re: Settlement Negotiations and Strategy Related to Litigation
Expenditures in Orange County Circuit Court Case No. 03-CA-644 - Ryan Incorporated
Eastern v. City of Ocoee.
The Commission moved into the Commission Conference Room for the closed session at 6:06
p.m. and reconvened in the Commission Chambers at 7:10 p.m..
Consideration/Action of Proposed Settlement.
Mayor Vandergrift reopened the Special Meeting of the City Commission and announced that
the closed attorney-client session had been terminated at 7: 10 p.m. He asked if there were any
recommendations for action by Assistant City Attorney Horan.
Commissioner Howell. seconded bv Mavor Vander!!rift. moved to authorize Mr. Horan to
make a orooosal settlement offer ofiudllment in the Rvan case offerinll to oav Rvan $364.322.39.
which is the contract balance olus retainalle that is oresentlv owed. olus an additional
$200.000.00 to take care of their claim for additional comoensation for a total of $564.322.39
and that the Citv would allree to waive liauidated damalles in the case. Motion carried 3-2 with
Commissioners Anderson and Johnson voting no.
Adjournment.
The meeting adjourned at 7:12 p.m.
Attest:
APPROVED:
City of Ocoee
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