HomeMy WebLinkAbout08-15-00 Minutes SS
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
HELD AUGUST 15, 2000
CALL TO ORDER.
Mayor Vandergrift called the Special Session to order at 6:45 p.m. in the Commission Chambers.
The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, and Parker. Also present
were City Manager Shapiro, City Attorney Rosenthal, Assistant City Attorney Doty, and City
Clerk Grafton.
ABSENT: Commissioner Johnson
CLOSED SESSION WITH CITY ATTORNEY PAUL ROSENTHAL AND ASSISTANT CITY ATTORNEY
MARY DOTY, AND CITY MANAGER ELLIS SHAPIRO RE: STRATEGY AND SETTLEMENT
NEGOTIATIONS: CASE No. CI098-4279 - PARCELS No. 62-165,62-765, AND 62-865 (WESTERN
BELTWAY). ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY VS. CITY OF OCOEE, FOREST
LAKE GOLF CLUB, LTD., AND EARL K. WOOD, TAX COLLECTOR, ORANGE COUNTY, FLORIDA.
City Attorney Comments:
City Attorney Rosenthal read from a prepared statement concerning the purpose of the meeting:
"The City is currently the Defendant in an action brought by Orlando/Orange County Expressway
Authority. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange
County under Case No. CI 098-4279. 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 strategy and
settlement negotiations regarding the Western Beltway.
"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 take such other action as may be
appropriate based upon the closed session and to adjourn the meeting."
Mayor Vandergrift announced the following: "Our City Attorney has previously requested a
closed session with the City Commission to discuss strategy and settlement negotiations
regarding Parcels No. 62-165, 62-765, and 62-865 (Western Beltway) in the case described by
the City Attorney. The persons who will be attending the closed session are Mayor Vandergrift,
Ocoee City Commission Special Session - Strategy and Settlement Negotiations
July 25, 2000
Commissioner Anderson, Commissioner Howell, Commissioner Johnson, Commissioner Parker,
City Manager Ellis Shapiro, City Attorney Rosenthal, Assistant City Attorney Doty, the Court
Reporter, and no others. It is estimated that the closed attorney-client session will last one-half
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."
RECONVENE PUBLIC MEETING FOR ACTION ON ABOVE ISSUES.
Mayor Vandergrift reopened the Special Session of the City Commission and announced that
the closed attorney-client session had been terminated at 6:59 p.m. He asked if there were any
comments from the members of the City Commission or any proposed actions.
Assistant City Attorney Doty said in the closed session they discussed the proposed settlement
of Orange County Circuit Case CI098-4279, which was the case of the Expressway Authority vs
the City of Ocoee. It was the eminent domain litigation involving the acquisition of 15 acres by
the Expressway Authority of the city owned property. The mediated settlement agreement
reached in mediation on July 25 subject to approval by the City Commission of the City of Ocoee
and the Expressway Authority Board was $250,000. Staff recommended approval of the
settlement.
Commissioner Anderson. seconded bv Commissioner Parker. moved to aDorove staff
recommendation to aDorove the mediated settlement al!reement in the amount of $250.000 and to
authorize the Citv Attornev to execute anv and all documents necessary to finalize the settlement
al!reement. Motion carried 4-0. Commissioner Johnson was not present.
ADJOURNMENT.
The meeting adjourned at 7:02 p.m.
Attest:
APPROVED
City of Ocoee
2