HomeMy WebLinkAbout02-01-11 Closed Exec Session MINUTES
SPECIAL MEETING
CLOSED ATTORNEY- CLIENT SESSION
January 18, 2011, at 5:30 p.m.
A. CALL TO ORDER
Mayor Vandergrift called the Special Meeting to order at 5:43 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 (arrived at 5:52 p.m.) and Commissioner Keller
Also Present: City Attorney Rosenthal, City Manager Frank, Litigation Attorney John
Hamilton, City Clerk Eikenberry
B. CITY ATTORNEY COMMENTS
City Attorney Rosenthal stated that City brought an action against Cypress Colony, Inc.
to foreclose a code enforcement lien associated with certain property owned by Cypress Colony
in the southwest quadrant of SR 50 and Maguire Road. The case was filed in the Circuit Court
for the Ninth Judicial Circuit of Orange County under Case No. 2006 -CA -3489. The case was
filed in 2006 and has been stayed by mutual agreement of the City and Cypress Colony. The
Court has ordered that the parties mediate the case and a mediation session has been scheduled
for January 26, 2011.
As required by Section 286.011(8), Florida Statutes, 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 the settlement negotiations and strategy related to litigation
expenses.
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.
January 18, 2011
Special Session — Closed Session
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 announced that 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 Hood, Commissioner Wilsen, Commissioner Johnson,
Commissioner Keller, City Manager Rob Frank, City Attorney Paul Rosenthal, Litigation
Attorney John Hamilton, 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.
Commissioner Johnson arrived.
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.
The closed session took place between 5:52 p.m. — 6:51 p.m. in the City Manager's 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 announced the reopening of the Special Meeting of the City Commission and
announced that the closed attorney - client session has been terminated. The time is 6:52 p.m. He
asked if there were any comments from the members of the City Commission or any proposed
actions. There was no response.
F. ADJOURNMENT
The meeting was adjourned at 6:52 p.m.
APPROVED:
Attest: City of Ocoee
Beth Eikenberry, City C1er S. Scott Vandergrift, Mayor
Attachments
Meeting Notice
Transcript of Closed Session (to be attached once pending litigation is complete)