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HOME OF PELICAN ISLAND
SPECIAL CITY COUNCIL MEETING AND
ATTORNEY-CLIENT SESSION
WEDNESDAY, JULY 11, 2007 - 5:30 PM
MINUTES
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1.
2.
Mayor Coy called the Special Meeting to order at 5:30 p.m.
ROLL CALL
City Council Present:
Mayor Andrea Coy
Vice-Mayor Sal Negfia
Council Member AI Paternoster
Council Member Eugene Wolff
City Council Absent:
Council Member Dale Simchick -
excused
Staff Present in Chambers:
MIS Systems Analyst, Barbara Brooke-Reese
Chief of Police, Jim Davis
Staff Present at Dais:
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
3. PUBLIC REQUEST BY CITY ATTORNEY FOR A CLOSED ATTORNEY-CLIENT SESSION
TO DISCUSS SETTLEMENT OF PENDING LITIGATION IN THE MATTER OF J 8~ S
AVIATION VS. CITY OF SEBASTIAN
The City Attorney requested an Attorney-Client Session to discuss settlement of the J & S
Aviation vs. City of Sebastian pending litigation. There was no objection. He then announced
that the following members would attend the closed session and it would be approximately 45
minutes in duration.
Names of Persons Attending: Mayor Andrea Coy
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Eugene Wolff
City Manager, AI Minner
City Attorney, Rich Stringer
Certified Court Reporter, Amy Schreck, RPR
He announced that Ms. Simchick may arrive during the session.
The City Clerk and Deputy Clerk remained in the Council Chambers.
Special City Council Meeting
July 11, 2007
Page Two
4. CITY COUNCIL WILL RECESS THIS PUBLIC MEETING TO COMMENCE A CLOSED
ATTORNEY-CLIENT SESSION AS REQUESTED ABOVE
Mayor Coy adjourned the Special Meeting and the above listed members moved to the
second floor conference room for the Attorney-Client Session.
5. REOPENING OF PUBLIC MEETING; ANNOUNCE END OF ATTORNEY-CLIENT SESSION
City Council members, including Ms. Simchick, who did not attend the session, City
Manager and City Attorney returned to the Council Chambers and Mayor Coy reopened
the Special Meeting at 6:27 p.m.
6. CONSIDERATION OF PROPOSED SETTLEMENT OF PENDING LITIGATION IN THE MATTER
OF J 8~ S AVIATION VS. CITY OF SEBASTIAN
The City Attorney recommended approval of the settlement agreement in accordance with the
following terms:
1. The City would pay $200,000 to J & S Aviation within ten days of Council approval. He
recommended that some of this be held as security for compliance through a trust
account of his attorney's office.
2. J & S will keep and remove the steel building and that at their option can take or leave
the fuel tank. If removed it will be within full compliance with applicable rules and
regulations or else we will go to the part being held in escrow.
3. J & S will vacate the property and remove all their property no later than end of business
August 315'
4. J & S Aviation and all its principals and immediate family will agree not to take direct or
indirect ownership, interest or managerial positions in any commercial operation located
at the Sebastian Airport for a period of ten years.
MOTION by Mr. Neglia and SECOND by Mr. Paternoster to authorize these settlements as stated by
Mr. Stringer.
Mr. Paternoster noted for the record that provision 3 means August 31, 2007.
Roll call vote result was as follows
Ayes: Paternoster, Simchick, Wolff, Coy and Neglia
Nays: None
7. Mayor Coy adjourned the Special Meeting at 6:30 p.m.
Approved the 7'Z 5-0 7 Regular City Council meeting. '
Andrea Coy -Mayor '~ ' / ~
Sally A. Maio, C -City Clerk
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