11-03-09 Executive SessionMINUTES
SPECIAL MEETING
CLOSED ATTORNEY-CLIENT SESSION
November 3, 2009, at 6:15 p.m.
Purpose of this meeting is to discuss matters related to settlement negotiations and litigation
expenses with regard to the Eminent Domain Action against Armstrong Development Group 1,
LLC for Parcel 110 of Maguire Road Phase 5.
A. CALL TO ORDER
Mayor Vandergrift called the Special Meeting to order at 6:15 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 and Commissioner Keller
Also Present: City Attorney Rosenthal, City Manager Frank, Special Counsel Solik, City Clerk
Eikenberry
B. CITY ATTORNEY COMMENTS
Explanation of the Eminent Domain Case and Statutory Process for Closed-Session
City Attorney Rosenthal stated that the City is currently a Petitioner in an eminent domain
action brought against Armstrong Development Group 1, LLC for Parcel 110 of Maguire Road
Phase 5. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange County
under Case No. 08-CA-11497. As required by Florida Statutes, Section 286.011(8), 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 settlement negotiations
and litigation expenditures. Florida Statutes provide a limited exception from the Sunshine Law
for the city's attorneys to meeting 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 to take any action if
needed and then to adjourn the meeting.
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 Johnson,
Commissioner Keller, Commissioner Wilsen, City Manager Frank, City Attorney Rosenthal,
Special Counsel 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 6:21 p.m. - 6:47 p.m. in the Commission Conference Room.
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
Special Counsel Mary Solik stated that her recommendation is that in the case of City of Ocoee Vs.
Lakendon, Inc. -Parcel 110, Eminent Domain Action, that the Commission direct the City Attorney and
staff to make an offer of judgment on Parcel 110 in the amount of $860,000.
Commissioner Keller, seconded by Commissioner Hood moved to direct the City
Attorney and staff to make an offer of judgment on Parcel 110 in the amount of
$860,000 in the case of City of Ocoee Vs. Lakendon Inc. Motion carried 5-0.
F. ADJOURNMENT
The meeting was adjourned at 7:48 p.m.
Attest:
Beth Eikenberry, City Cler1
APPROVED:
City of Ocoee
G~
~) ! ~~ ~
S. Scott Vandergrift, ayor
Attachments
Meeting Notice
Request for Closed Session from City Attorney Rosenthal
Transcript
NOTICE
THE OCOEE CITY COMMISSION
WILL MEET IN SPECIAL SESSION
FOR AN ATTORNEY-CLIENT MEETING
TO DISCUSS SETTLEMENT NEGOTIATIONS AND
STRATEGY RELATED TO LITIGATION EXPENSES
RELATED TO THE PENDING LITIGATION WITH ARMSTRONG
DEVELOPMENT GROUP 1, LLC
(MAGUIRE ROAD PHASE 5 -PARCEL 110)
(CITY OF OCOEE v. LAKENDON, INC., ET AL,
ORANGE COUNTY CIRCUIT COURT CASE NO. 08-CA-11495)
ON NOVEMBER 3, 2009 AT 6:15 P.M.
IN THE CITY COMMISSION CHAMBERS
AND CONFERENCE ROOM
IN ACCORDANCE WITH FLORIDA STATUTES SECTION 286.011(8).
PRESENT WILL BE MAYOR VANDERGRIFT,
COMMISSIONER HOOD, COMMISSIONER JOHNSON,
COMMISSIONER KELLER, COMMISSIONER WILSEN,
CITY ATTORNEY ROSENTHAL, CITY MANAGER FRANK
SPECIAL COUNSEL MARY SOLIK,
THE COURT REPORTER AND NO OTHERS.
THE SESSION WILL COMMENCE AT AN OPEN MEETING.
AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION,
THE PUBLIC MEETING WILL BE REOPENED.
ORLA_1451310.1
006.319324.1
:FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT•MATTER NUMBER
020377-0581
T0: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
CC: Rob Frank, City Manager
Jamie Croteau, Assistant City Manager
David Wheeler, City Engineer
Mary Solik, Esq.
DATE: October 27, 2009
RE: Request for Closed Session: Maguire Road Phase 5 -Armstrong Development
Group 1, LLC -Parcel 110
(City of Ocoee v Lakendon, Inc., et al /Orange County Circuit Court
Case No 08-CA-11497)
The provisions of Section 286.011(8), Florida Statutes, authorize the City
Commission to meet in private (outside of the Sunshine) with the City Attorney to discuss
pending litigation. A private session must begin and end with an open public meeting. The City
Attorney must make a public request for a private meeting. The subject of the meeting is
confined to settlement negotiations or strategy sessions related to litigation expenses. A court
reporter is required to be present and a full transcript of the private meeting is made with the
transcript being released at the conclusion of the litigation. No off the record discussions are
permitted. If formal action is required, that action must be taken at the public meeting.
The City is currently involved in the above referenced litigation with Armstrong
Development Group 1, LLC regarding the City's acquisition by eminent domain of Parcel 110 of
the Maguire Road Phase 5 Project. This parcel has previously been acquired by the City through
a "quick-take" proceeding. At the meeting of November 3, 2009, I will advise the Commission
that I need advise concerning this litigation and request that a closed private session be held to
discuss settlement negotiations and strategy related to litigation expenses. Those persons present
would be City Attorney Paul Rosenthal, Special Counsel Mary Solik, City Manager Rob Frank,
the members of the Commission and a court reporter. No other persons may attend.
It is requested that the City Commission schedule a special meeting for Tuesday,
November 3, 2009 at 6:15 pm at the City Commission Chambers and that a private closed
session of the City Commission be held to discuss settlement negotiations and strategy related to
litigation expenses in connection with the acquisition by the City of Maguire Road Phase 5
Parcel 110. It is estimated that the meeting will take between 30 and 45 minutes.
ORLA_1451334.1
CITY OF OCOEE COMMISSION MEETING
SPECIAL SESSION
IN RE: ARMSTRONG DEVELOPMENT GROUP, PARCEL 110
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DATE: NOVEMBER 3, 2009
TIME: 6:15 P.M. - 6:48 p.m.
LOCATION: 150 NORTH LAKESHORE DRIVE
OCOEE, FLORIDA 34761
REPORTED BY: JOANNE HAHN, RPR
COURT REPORTER AND NOTARY PUBLIC
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ORIGINAL
Orange Reporting, Inc.
800-275-7991
2
A P P E A R A N C E S:
S. SCOTT VANDERGRIFT, MAYOR
JOEL KELLER, COMMISSIONER
GARY HOOD, COMMISSIONER
ROSEMARY WILSON, COMMISSIONER
RUSTY JOHNSON, COMMISSIONER
PAUL ROSENTHAL, CITY ATTORNEY
ROBERT FRANK, CITY MANAGER
BETH ELKENBERRY, CITY CLERK
MARY DOTY-SOLIK, ESQUIRE
OF: Law Office of John DiMasi
801 North Orange Avenue, Suite 500
Orlando, Florida 32801
Orange Reporting, Inc.
800-275-7991
~'~~~ ,.
S~ ~ ~: LAW OFFICES OF JOHN L. DI MASI, P.A.
~ _ ~' ,~ 801 N. ORANGE AVENUE, SUITE 500
_~_ ~ ~~~ ORLANDO, FLORIDA 32801-1014
PH: 407-839-3383 • Fx: 407-839-3384
JOHN L. DI MASI FRANK J. LACQUANITI
idimasi~«~orlando-law.com flacquanitiC~orlando-law.com
MARY DOTY SOLIK TIFFANY MOORS RUSSELL
PARTNER ORANGE COUNTY COMMISSIONER
msolik~ Orlando-law.com November 19, 2009 tmrussell~~orlando-law.com
WENDY SHAY TEMPLE
wtemple(~orlando-law com
Ms. Beth Eikenberry
City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Re: November 3, 2009 City Commission Closed Session
City of Ocoee v. Lakendon, et al.
Dear Beth:
Enclosed find the transcript of the November 3, 2009 City Commission Closed
Session . This transcript is not subject to public record disclosure until the conclusion of
the referenced litigation.
If you have any questions, please call.
Sincerely yours,
Mary D. Solik
Special Counsel, City of Ocoee
MDS/jc
enclosure
~pa~ cc.2 at
www.orlando-law.com