2012-11-26 Regular session - Laserfiche WebLink

Home Browse Search

packet were document that was previously marked, “Memorandum Confidential.” Mr. Sharpe asked the City Attorney to give his opinion on why real estate negotiations are now done in public because prior to this time he believed most real estate deals were done in closed session. Mr. Martin stated that the State Sunshine provides that you can close discussions and documents for real estate purchase or sales if public awareness of the discussion or documents could affect the consideration to be paid for the property. He said it was his understanding that the negotiations had ended and there was a specific number at issue to be voted on up or down. He said including the discussion and documents in a public setting would no longer affect the value of consideration and that was the reason for the underlined opinion. Mr. Sharpe asked if by chance Council were in the negotiation with a company in order to make a deal done as far as CVS, Walgreens, etc., would those negotiations be done in open session. Mr. Martin verified the question of Mr. Sharpe meaning could public awareness of the discussion affect the value of the property under consideration. He said by general rule, those kinds of discussions could affect the value of the property by public awareness. Mr. Crow asked Mr. Martin if this was the first time in recent memory he could recall a Council having this type of conversation in public session. Mr. Martin said he did not recall having a public discussion of this nature. Mr. Price questioned how the Council concluded that discussions were over because he did not remember the total Council group getting together on this. Mayor Welsch asked if Ms. Riganti, Director of Community Development had anything to share. Ms. Riganti said there was a vote at a closed meeting on December 12, 2011, and since there was a vote taken then and the City Clerk indicated that the motion and votes were public. “Mr. Kraft moved to have the City Manager proceed with negotiations with the potential of CVS development at North and South in Olive and was seconded by Mr. Sharpe. The roll call votes were, Ayes: Mr. Price, Mr. Kraft, Mr. Crow and Mr. Sharpe; Nays: Mr. Glickert and Mayor Welsch; the motion passed with the majority voting to proceed.” Mr. Price stated that this is not what he asked. Ms. Riganti said in terms of what was submitted, it was a contract for purchase, not for an on-going discussion or negotiation for acquisition of property, just a contract as Mr. Martin indicated as an up or down vote on the contract. Mr. Price stated that the statement made was not a statement that negotiations 20