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Home My WebLink About2009 04 13 Consent 206 Approval of 2009 03 23 Attorney-Client Session MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY-CLIENT SESSION MARCH 23, 2009 I. CALL TO ORDER The Attorney-Client Session of Monday, March 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 4:45 p.m. in the Commission Chambers of the i~~ Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida !~ 32708). ~', Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, absent (For Roll Call) Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present II. ATTORNEY-CLIENT SESSION Pursuant To Section 286.011(8), Florida Statutes, The City Attorney Will Be Seeking The Advice Of The City Commission Regarding Settlement Negotiations And Strategy Related To The Pending Litigation: ANDERSON'S COACH WORKS, INC:, a Florida Corporation, v. CITY OF WINTER SPRINGS, FLORIDA, CASE NO.08-CA-4912-16-K, Seminole County, Florida Circuit Court. The Persons Scheduled To Be In Attendance Are Mayor John F. Bush, Deputy Mayor Joanne M. Krebs, Commissioner Jean Hovey, Commissioner Rick Brown, Commissioner Gary Bonner, Commissioner Sally McGinnis, City Manager Kevin L. Smith, City Attorney Anthony A. Garganese, And A Court Reporter. City Attorney Anthony A. Garganese briefly spoke on this Attorney-Client Session. Commissioner Jean Hovey stated, "I have a conflict and I will not be attending the Attorney-Client Meeting." Mayor Bush stated, "Those in attendance will be Commissioner [Rick] Brown, Commissioner [Gary] Bonner, City Manager Kevin Smith, our City Attorney, and myself - and Commissioner [Joanne M.] Krebs when she arrives." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY-CLIENT SESSION -MARCH 23, 2009 PAGE 2 OF 2 This portion of the Attorney-Client Session was then closed. Those attending this Attorney-Client Session left the Commission Chambers at 4:47 p.m. At 5:36 p. m., Mayor Bush, Deputy Mayor Krebs, Commissioner Brown, Commissioner Bonner, Manager Smith, and Attorney Garganese returned to the Commission Chambers. Mayor Bush called the Attorney-Client Session back to Order at 5: 37 p. m. _~ ~~ III. ADJOURNMENT ~~ Ma or Bush ad'ourned the Attorne -Client Session at 5:37 .m. Y J Y p RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY-CLIENT SESSION MARCH 23, 2009 1. CALL TO ORDER The Attorney-Client Session of Monday, March 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 4:45 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, absent (For Roll Call) Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present II. ATTORNEY-CLIENT SESSION Pursuant To Section 286.011(8), Florida Statutes, The City Attorney Will Be Seeking The Advice Of The City Commission Regarding Settlement Negotiations And Strategy Related To The Pending Litigation: ANDERSON'S COACH WORKS, INC., a Florida Corporation, v. CITY OF WINTER SPRINGS, FLORIDA, CASE NO. 08-CA-4912-16-K, Seminole County, Florida Circuit Court. The Persons Scheduled To Be In Attendance Are Mayor John F. Bush, Deputy Mayor Joanne M. Krebs, Commissioner Jean Hovey, Commissioner Rick Brown, Commissioner Gary Bonner, Commissioner Sally McGinnis, City Manager Kevin L. Smith, City Attorney Anthony A. Garganese, And A Court Reporter. City Attorney Anthony A. Garganese briefly spoke on this Attorney-Client Session. Commissioner Jean Hovey stated, "I have a conflict and I will not be attending the Attorney-Client Meeting." Mayor Bush stated, "Those in attendance will be Commissioner [Rick] Brown, Commissioner [Gary] Bonner, City Manager Kevin Smith, our City Attorney, and myself - and Commissioner [Joanne M.] Krebs when she arrives." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY-CLIENT SESSION -MARCH 23, 2009 PAGE 2 OF 2 This portion of the Attorney-Client Session was then closed. Those attending this Attorney-Client Session left the Commission Chambers at 4: 47 p.m. At 5:36 p.m., Mayor Bush, Deputy Mayor Krebs, Commissioner Brown, Commissioner Bonner, Manager Smith, and Attorney Garganese returned to the Commission Chambers. Mayor Bush called the Attorney-Client Session back to Order at 5: 37 p. m. III. ADJOURNMENT Mayor Bush adjourned the Attorney-Client Session at 5:37 p.m. RESPECTFULLY SUBMITTED: r A A LORENZO-LUACES, MMC CITY CLERK APPROVED: (' k ?' /?'? M YOR JOHN F. BUSH NOTE: These Minutes were approved at the April 13, 2009 Regular City Commission Meeting. -FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NA -FIRST NAMET,44 DDLE N Vl ° C ? M V NAME OF O , COI CIL, COMMISSION, AUTHORITY, OR COMMITTEE < ? I b - 0 vvl w? I MAILING ADDRESS 5L/!` ?0 i C ! /J THE BOARD, C U IL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE TS'A UNIT OF: CIT COUNT?G CITY ? COUNTY ? OTHER LOCAL AGENCY Y /? CC``// .? „ NAM F P LITICAL SU DIVI ION- 1 n r 1 DATE ON WHICH VOTE OCCUR ED MY POSITION IS: ELECTIVE ? APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) r CE FORM 8B - EFF. 1/2000 PAGE 1 r, APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. J_e ISCLOSURE OF LOCAL OFFICER'S IINTEEREST I, L Y hereby disclose that on 20 (a) A measure came or will come befor y agency which (check one) inured to my special private gain or loss; X inured to the special gain or loss of my business associate, 1 Ci? U Y1 P (? S ; 3-- inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: j - a3- C) q L11. Date Filed Si nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2