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HomeMy WebLinkAbout2010 09 27 Consent 214 Attorney-Client Session/Special Meeting Minutes of 2010 09 07CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES ATTORNEY- CLIENT SESSION /SPECIAL MEETING TUESDAY, SEPTEMBER T, 2010 - 9:00 A.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 2 OF 5 CALL TO ORDER The Attorney- Client Session/Special Meeting of Tuesday, September 7, 2010 of the City Commission was called to Order by Mayor John F. Bush at 9:03 a.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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present I. CALL TO ORDER (Open To Public) The Session Shall Commence At An Open Meeting. The City Attorney Shall Advise The City Commission That He Desires The Advice Concerning The Litigation Set Forth Below. The Person Chairing The Meeting Shall Announce The Commencement And Estimated Length Of The Attorney - Client Session And The Names Of The Persons Attending. The Attorney- Client Portion Of The Meeting Will Be Closed To The Public And The Attorney - Client Session Will Commence. At The Conclusion Of The Attorney- Client Session, The Meeting Shall Be Reopened, And The City Commission May Vote On A Proposed Settlement Agreement Regarding The Aforementioned Case And Thereafter The Person Chairing The Meeting Shall Announce The Termination Of The Session. Mayor Bush stated, "The people in attendance here — the Mayor, John Bush, Deputy Mayor Rick Brown, Commissioner (Jean) Hovey, Commissioner (Gary) Bonner, Commissioner (Sally) McGinnis, Commissioner (Joanne M.) Krebs, our City Manager Kevin Smith, our Attorney Anthony Garganese, and a Court Reporter." II. ATTORNEY- CLIENT SESSION (Closed To Public) 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 Titled CITY OF WINTER SPRINGS v. and LEXON INSURANCE COMPANY, Et al, Case Number 08- CA- 5438 -15 -L, In and Before the Circuit Court of Seminole County, Florida. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 3 OF 5 The Persons Scheduled To Be In Attendance Are Mayor John F. Bush, Deputy Mayor Rick Brown, Commissioner Jean Hovey, Commissioner Gary Bonner, Commissioner Sally McGinnis, Commissioner Joanne M. Krebs, City Manager Kevin L. Smith, City Attorney Anthony A. Garganese, And A Court Reporter. City Attorney Anthony A. Garganese remarked, "The purpose of this Meeting is to discuss litigation strategy and settlement negotiations regarding the case CITY OF WINTER SPRINGS v. LEXON INSURANCE COMPANY, Et al, Case Number 08- CA- 5438 -15 -L, which is currently before the Seminole County Circuit Court. I estimate that the Attorney - Client Session will last approximately thirty (30) minutes. After the Attorney- Client Session, you will note in the Agenda, there is an Agenda Item, III., which if the Commission desires, it can consider approving a proposed Settlement Agreement in this Case. This portion of the Attorney- Client Session was then closed. Those attending this Attorney- Client Session left the Commission Chambers at 9:05 a.m. At 9:29 a.m., Mayor Bush, Deputy Mayor Brown, Commissioner Hovey, Commissioner Bonner, Commissioner McGinnis, Commissioner Krebs, and Manager Smith returned to the Commission Chambers. III. CONSIDER APPROVING A PROPOSED SETTLEMENT AGREEMENT. (Open To Public) Attorney Garganese returned to the Commission Chambers at 9:30 a.m. Commissioner Bonner asked Mr. Brian Fields, P.E., City Engineer, Public Works Department, "Are you aware of any open matters or any dispute between the City and the residents — or misunderstanding or difference of opinion on things that should be completed that the residents may view as the City's responsibility ?" Mr. Fields stated, "I'm not aware of anything." Further discussion ensued on obligations, and the Homeowner's Association. Mayor Bush asked Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department who was in the audience if she still lived at Jesup's Reserve and if she attended their Homeowner's Association meetings. Ms. Sahlstrom responded, "I'm not really prepared to speak." "MOTION TO APPROVE THE SETTLEMENT AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. ATTORNEY GARGANESE STATED, "THERE MAY BE SOME TECHNICAL WORDSMITHING. I WOULD JUST LIKE TO HAVE THE AUTHORITY TO GO AHEAD AND MAYBE MODIFY SOME OF THE TECHNICAL PARTS OF THIS IF THE INSURANCE COMPANY REQUESTS SUCH." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 4 OF 5 "AMENDING THE MOTION TO INCLUDE THE LATITUDE FOR THE ATTORNEY TO DO ANY APPROPRIATE TECHNICAL WORDSMITHING." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED). COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. In other City business, Mayor Bush commented on a recent article he read about stimulus money. Discussion. Next, Mayor Bush mentioned a PBAS (Private Business Owners of Seminole) meeting he will be attending on Wednesday, September 8, 2010. Mayor Bush then spoke about visiting with some of the Incubator companies and has been asking them, "What can the City do to keep you in Winter Springs ?" Mayor Bush noted he would be putting their responses together and bring back to the City Commission. Commissioner Krebs said to Mayor Bush, "I really do appreciate everything you have done for this City throughout your time serving here and I wish you would consider the possibility of being some type of a free- lance Consultant for free, for our City because you just seem to have a lot of, not only knowledge but you have developed so many relationships that are so important to our City at this time that it would be really great if you could consider that." Mayor Bush stated, "I fully expect to be an advocate for the City in all ways that I possibly can." With further comments, Mayor Bush added, "I plan to do as much as the Commission will let me, and yes I will do it for free." Commissioner McGinnis suggested, "I think they call it an Ambassadorship." Discussion. Mayor Bush also mentioned he had been working with Mayor Dominic Persampiere of Oviedo and said they have some thoughts for both cities to consider and plan to discuss their thoughts at the upcoming Oviedo - Winter Springs Joint Meeting. Additionally, Mayor Bush said he noted the State Road 434 address on one of the Incubator businesses and commented, "That sounds like we are out in the country." Deputy Mayor Krebs added that she had mentioned that to Manager Smith. Mayor Bush thought that Manager Smith look into possibly changing the name to "Technology Way" or something that sounds more metropolitan. Deputy Mayor Krebs stated, "I totally agree with that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 5 OF 5 Mayor Bush suggested, "Maybe that is something we can talk about too, in the future." Commissioner Hovey added, "There are lots of roads in the State of Florida that have two (2) or three (3) names." No objections were voiced. Mayor Bush then said, "I think that is something the Commission has to decide on and then Kevin (Smith) has to check with the 9 -1 -1." Manager Smith remarked, "We are looking into it Mayor." Furthermore, Manager Smith added, "We'll look into it and let you know the options." IV. ADJOURNMENT (Open To Public) Mayor Bush adjourned the Attorney - Client Session/Special Meeting at 9:41 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA c) u o • Incorpor 1959 . O R1Q1): CITY COMMISSION MINUTES ATTORNEY- CLIENT SESSION /SPECIAL MEETING TUESDAY, SEPTEMBER 7, 2010 — 9:00 A.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 2 OF 5 CALL TO ORDER The Attorney - Client Session/Special Meeting of Tuesday, September 7, 2010 of the City Commission was called to Order by Mayor John F. Bush at 9:03 a.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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present I. CALL TO ORDER (Open To Public) The Session Shall Commence At An Open Meeting. The City Attorney Shall Advise The City Commission That He Desires The Advice Concerning The Litigation Set Forth Below. The Person Chairing The Meeting Shall Announce The Commencement And Estimated Length Of The Attorney - Client Session And The Names Of The Persons Attending. The Attorney - Client Portion Of The Meeting Will Be Closed To The Public And The Attorney- Client Session Will Commence. At The Conclusion Of The Attorney - Client Session, The Meeting Shall Be Reopened, And The City Commission May Vote On A Proposed Settlement Agreement Regarding The Aforementioned Case And Thereafter The Person Chairing The Meeting Shall Announce The Termination Of The Session. Mayor Bush stated, "The people in attendance here — the Mayor, John Bush, Deputy Mayor Rick Brown, Commissioner (Jean) Hovey, Commissioner (Gary) Bonner, Commissioner (Sally) McGinnis, Commissioner (Joanne M.) Krebs, our City Manager Kevin Smith, our Attorney Anthony Garganese, and a Court Reporter." II. ATTORNEY- CLIENT SESSION (Closed To Public) 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 Titled CITY OF WINTER SPRINGS v. and LEXON INSURANCE COMPANY, Et al, Case Number 08- CA- 5438 -15 -L, In and Before the Circuit Court of Seminole County, Florida. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 3 OF 5 The Persons Scheduled To Be In Attendance Are Mayor John F. Bush, Deputy Mayor Rick Brown, Commissioner Jean Hovey, Commissioner Gary Bonner, Commissioner Sally McGinnis, Commissioner Joanne M. Krebs, City Manager Kevin L. Smith, City Attorney Anthony A. Garganese, And A Court Reporter. City Attorney Anthony A. Garganese remarked, "The purpose of this Meeting is to discuss litigation strategy and settlement negotiations regarding the case CITY OF WINTER SPRINGS v. LEXON INSURANCE COMPANY, Et al, Case Number 08- CA- 5438 -15 -L, which is currently before the Seminole County Circuit Court. I estimate that the Attorney- Client Session will last approximately thirty (30) minutes. After the Attorney- Client Session, you will note in the Agenda, there is an Agenda Item, III., which if the Commission desires, it can consider approving a proposed Settlement Agreement in this Case. This portion of the Attorney- Client Session was then closed. Those attending this Attorney- Client Session left the Commission Chambers at 9:05 a.m. At 9:29 a.m., Mayor Bush, Deputy Mayor Brown, Commissioner Hovey, Commissioner Bonner, Commissioner McGinnis, Commissioner Krebs, and Manager Smith returned to the Commission Chambers. III. CONSIDER APPROVING A PROPOSED SETTLEMENT AGREEMENT. (Open To Public) Attorney Garganese returned to the Commission Chambers at 9:30 a.m. Commissioner Bonner asked Mr. Brian Fields, P.E., City Engineer, Public Works Department, "Are you aware of any open matters or any dispute between the City and the residents — or misunderstanding or difference of opinion on things that should be completed that the residents may view as the City's responsibility ?" Mr. Fields stated, "I'm not aware of anything." Further discussion ensued on obligations, and the Homeowner's Association. Mayor Bush asked Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department who was in the audience if she still lived at Jesup's Reserve and if she attended their Homeowner's Association meetings. Ms. Sahlstrom responded, "I'm not really prepared to speak." "MOTION TO APPROVE THE SETTLEMENT AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. ATTORNEY GARGANESE STATED, "THERE MAY BE SOME TECHNICAL WORDSMITHING. I WOULD JUST LIKE TO HAVE THE AUTHORITY TO GO AHEAD AND MAYBE MODIFY SOME OF THE TECHNICAL PARTS OF THIS IF THE INSURANCE COMPANY REQUESTS SUCH." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 4 OF 5 "AMENDING THE MOTION TO INCLUDE THE LATITUDE FOR THE ATTORNEY TO DO ANY APPROPRIATE TECHNICAL WORDSMITHING." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED). COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. In other City business, Mayor Bush commented on a recent article he read about stimulus money. Discussion. Next, Mayor Bush mentioned a PBAS (Private Business Owners of Seminole) meeting he will be attending on Wednesday, September 8, 2010. Mayor Bush then spoke about visiting with some of the Incubator companies and has been asking them, "What can the City do to keep you in Winter Springs ?" Mayor Bush noted he would be putting their responses together and bring back to the City Commission. Commissioner Krebs said to Mayor Bush, "I really do appreciate everything you have done for this City throughout your time serving here and I wish you would consider the possibility of being some type of a free- lance Consultant for free, for our City because you just seem to have a lot of, not only knowledge but you have developed so many relationships that are so important to our City at this time that it would be really great if you could consider that." Mayor Bush stated, "I fully expect to be an advocate for the City in all ways that I possibly can." With further comments, Mayor Bush added, "I plan to do as much as the Commission will let me, and yes I will do it for free." Commissioner McGinnis suggested, "I think they call it an Ambassadorship." Discussion. Mayor Bush also mentioned he had been working with Mayor Dominic Persampiere of Oviedo and said they have some thoughts for both cities to consider and plan to discuss their thoughts at the upcoming Oviedo - Winter Springs Joint Meeting. Additionally, Mayor Bush said he noted the State Road 434 address on one of the Incubator businesses and commented, "That sounds like we are out in the country." Deputy Mayor Krebs added that she had mentioned that to Manager Smith. Mayor Bush thought that Manager Smith look into possibly changing the name to "Technology Way" or something that sounds more metropolitan. Deputy Mayor Krebs stated, "I totally agree with that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION ATTORNEY- CLIENT SESSION /SPECIAL MEETING - SEPTEMBER 7, 2010 PAGE 5 OF 5 Mayor Bush suggested, "Maybe that is something we can talk about too, in the future." Commissioner Hovey added, "There are lots of roads in the State of Florida that have two (2) or three (3) names." No objections were voiced. Mayor Bush then said, "I think that is something the Commission has to decide on and then Kevin (Smith) has to check with the 9 -1 -1." Manager Smith remarked, "We are looking into it Mayor." Furthermore, Manager Smith added, "We'll look into it and let you know the options." IV. ADJOURNMENT (Open To Public) Mayor Bush adjourned the Attorney - Client Session/Special Meeting at 9:41 a.m. RESPECTFULLY SUBMITTED: fer°` A7' NZO- LUACES, MMC CITY C ERK APPROVED: 7 : 4444 M� OR JO1-IN F. BUSH NOTE: These Minutes were approved at the September 27, 2010 City Commission Regular Meeting.