01-03-12 Special Session MINUTES
OCOEE CITY COMMISSION
CLOSED ATTORNEY- CLIENT SESSION
January 3, 2012 at 6:00 P.M.
A. CALL TO ORDER
Mayor Vandergrift called the Executive Session to order at 6:00 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(absent) and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I. MERCON LITIGATION DISCUSSION
City Attorney Rosenthal announced that the City is currently a Plaintiff in an action brought by
the City against Mercon Construction Company and its surety, Lexon Insurance Company. The
action relates to a breach of contract by Mercon in connection with the Pioneer Key Phase I
Mobile Home Park Rehabilitation Project. The case has been filed by the City in the Circuit
Court for the Ninth Judicial Circuit of Orange County under Case No. 2011 -CA- 15996. As of
this date, the City has not served Mercon and Lexon with the Complaint, but has conducted pre -
suit negotiations with legal counsel for the defendants. 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.
The 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 City Attorney has 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 Hood,
Commissioner Wilson, Commissioner Johnson, Commissioner Keller, City Manager Rob Frank,
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.
II. MOVED TO CLOSED SESSION
Closed session took place in conference room #109 between 6:04 p.m. — 6:30 p.m.
III. RETURN FROM CLOSED SESSION; REOPEN SPECIAL MEETING
Mayor Vandergrift reopened the Special Meeting of the City Commission and announced that
the closed attorney - client session has been terminated. The time is 6:30 p.m. Are there any
comments from the members of the City Commission or any proposed actions? Mayor
Vandergrift stated hearing none we are adjourned.
IV. ADJOURN
The meeting was adjourned at 6:30 p.m.
APPROVED:
Attest: City of Ocoee
.iken • erry, City Clerk S. Scott Vandergrift, Ma '