05-10-2006 - Special
THE CITY OF EDGE WA TER
POST OFFICE BOX 100. EDGEWATER, FLORIDA 32132-0100
42 ;::, L E
April 26, 2006
-NOTICE-
THE EDGEW A TER CITY COUNCIL
WILL MEET IN SPECIAL SESSION
FOR AN ATTORNEY-CLIENT MEETING
TO DISCUSS SETTLEMENT NEGOTIATIONS AND
STRATEGY RELATED TO LITIGATION EXPENDITURE
RELATED TO THE PETITION FOR COMMON LAW AND STATUTORY
CERTIORARI WITH RESPECT TO THE PROPOSED
RIVER OAKS PROJECT
(AHEDGEWATER, LLC V. CITY OF EDGEWATER
VOLUSIA COUNTY CIRCUIT COURT CASE NO. 2006-20052-CINS)
ON MAY 1,2006, AT 6:00 P.M.
IN THE CITY COUNCIL CHAMBER AT CITY HALL
AND CONFERENCE ROOM
IN ACCORDANCE WITH FLORIDA STATUTES SECTION 286.011 (8).
, PRESENT WILL BE MAYOR THOMAS, VICE-MAYOR VINCENZI,
, COUNCIL MEMBERS LICHTER, RHODES AND ROGERS,
CITY ATTORNEY P AUL ROSENTHAL~ CITY MANAGER KEN HOOPER,
ASSISTANT CITY ATTORNEY 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.
I:\liz _ docs\meetingnotices\specialsession050 I 06
SPECIAL MEETING OF EDGEWATER CITY
COUNCIL: SCRIPT FOR COMPLIANCE WITH
REQUIREMENTS FOR CLOSED MEETING
(MAY 1., 2006).:.
(1) City Attorney Comments:
AH Edgewater, LLC filed a Petition for Common
Law and Statutory Certiorari pursuant to Florida Rule of
Appellate Procedure, Rule 9.1 OO(a) and (f). The case has
been filed in the Circuit Court for the Seventh Judicial
Circuit of Vol usia 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
ORLA_ 404990.3
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
ORLA_ 404990.3
-2-
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.
ORLA_ 404990.3
-3-
(2) Mayor should 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
ORLA_ 404990.3
-4-
. .
,
Council may deem appropriate. The City Council will
now move into closed session.
(3) Comments bv Mavor followin2 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 p.m.
Are there any comments from the members of the City
Councilor any proposed actions?
ORLA_ 404990.3
-5-