III (A2) Approval and Acceptance of the Minutes of Special Session of December 8, 1998 Agenda 12-15-98
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MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD
DECEMBER 8, 1998
CALL TO ORDER.
The Special Session was called to order by Mayor Vandergrift at 7:40 p.m. in the commission
chambers conference room.
ROLL CALL AND DETERMINATION OF A QUORUM.
The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell, and Parker.
Also present were City Manager Shapiro, City Attorney Rosenthal, Assistant City Attorney
Hamilton, City Clerk Grafton, and Court Reporter Louan Roe.
ABSENT: None
CLOSED SESSION wITH CITY ATTORNEY PAUL ROSENTHAL, ASSISTANT CITY ATTORNEY
JOHN HAMILTON AND CITY MANAGER ELLIS SHAPIRO RE: SETTLEMENT NEGOTIATIONS IN
CASE No. CI 97-4903 - CITY OF OCOEE VS. DEAN HARPER, INC.
City Attorney Rosenthal read a prepared statement concerning the purpose of the meeting.
He said, "The City is currently the Plaintiff in an action brought against Dean Harper, Inc. to
Foreclose a Code Enforcement Board lien. The case was filed in the Circuit Court for the
Ninth Judicial Circuit of Orange County under Case No. CI 97-4903. 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."
Mayor Vandergrift announced the following: "The CityAttorney has previously requested a
closed session with the City Commission to discuss settlement negotiations 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 Glass,
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Ocoee City Commission Special Session
December 8, 1998
Commissioner Parker, City Manager Ellis Shapiro, City Attorney Paul Rosenthal, Assistant
City Attorney John Hamilton, and no others. It is estimated that the closed attorney-client
session will last thirty 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."
The City Clerk left the room and closed the door for the closed session.
ADJOURNMENT.
Mayor Vandergrift reopened the Special Meeting of the City Commission and announced
that the closed attorney-client session had been terminated. He asked if there were any
comments from the members of the City Commission or any proposed actions. Hearing none,
he adjourned the meeting at 8:20 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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