05-01-2006 - Special Session
CITY COUNCIL OF EDGEWATER
SPECIAL SESSION OF EDGEWATER CITY COUNCIL
MAY 1, 2006 at 6:00 P.M.
COMMUNITY CENTER
CALL TO ORDER
Mayor Thomas called the Special Session to order at 6:00 p.m. in
the City Council Chambers in the Community Center.
MAYOR ANNOUNCE THE FOLLOWING:
The City Attorney has requested a closed session with the City
Council to discuss settlement negotiations in the case described
by the City Attorney. The persons who will be attending the
closed session are Mayor Thomas, Vice Mayor Vincenzi, Council
Members Lichter, Rhodes and Rogers, City Manager Ken Hooper,
Assistant City Attorney Mary Solik, the court reporter and no
others. It is estimated that the closed attorney-client session
will last sixty 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 Council may deem appropriate. The City
Council will now move into closed session.
ROLL CALL
Mayor Michael Thomas
Councilwoman Debra Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
Assistant City Attorney Mary Solik
City Clerk Susan Wadsworth
Present
Present
Present
Present
Present
Present
Present
Present
CITY ATTORNEY COMMENTS:
AH Edgewater, LLC filed a Petition for Common Law and Statutory
Certiorari pursuant to Florida Rule of Appellate Procedure, Rule
9.100(a) and (f). The case has been filed in the Circuit Court
for the Seventh Judicial Circuit of Volusia County under Case No.
2006-20052-CINS. This petition relates to the proposed River
Oaks project. The City Attorney has reviewed the Petition and
documents related thereto. As required by Section 286.011(8),
Florida Statutes, I am advising the City Council that I desire to
have advice concerning this litigation and to discuss with the
City Council, in a closed session, matters related to possible
settlement negotiations and strategy related to litigation
expenditures.
Florida Statutes provide a limited exception from the Sunshine
Law for the City's attorneys to meet in private with the City
Council 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 Council should such action be necessary following the
closed session.
Closed session was moved to the City Hall conference room at
6:05p.m.
COMMENTS BY MAYOR FOLLOWING CLOSED SESSION:
I hereby reopen the Special Meeting of the City Council and
announce that the closed attorney-client session has been
terminated. The time is 6:58 p.m. Are there any comments from
the members of the City Councilor any proposed actions?
Hearing none, Mayor Thomas declared the meeting over at 6:59 p.m.
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