HomeMy WebLinkAbout092407 Atty/Client Mtg MINUTES 149
City Commission, Sanford, Wi4d §ession /Private Meeting September 24, 2007
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CITY OF SANFORD
CITY COMMISSION WORK SESSION
Railroad Depot Room
2nd Floor
Sanford City Hall
MONDAY, SEPTEMBER 24, 2007 300 North Park Avenue
4:00 PM Sanford, Florida
PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND
CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.330.5603 FOR INFORMATION
REGARDING AVAILABLE AIDS AND SERVICES.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. This record is not
provided by the City of Sanford.
AGENDA
1) Police and Fire Department retirees' health insurance issues.
2) City Commissioners' Special Projects funds. (Regular Item #10.C) [Commission Memo 07 -259]
3) Georgetown Neighborhood Plan presentation. [Commission Memo 07 -257]
4) Agenda Items - additional information and /or questions.
5) Attorney - client Session: Announce the commencement and estimated length of the attorney - client session and the
names of the persons attending.
6) CLOSE the public meeting.
7) Begin Attorney - Client Private Meeting. Requested by the City Attorney to seek advice from the City Commission
concerning ongoing litigation to which the City is a party.
Persons attending may include: City Commission
City Manager Robert Yehl
Deputy City Manager Kristi Aday
Assistant City Attorney Kenneth W. McIntosh
Certified Court Reporter
8) END the private meeting and REOPEN the public meeting.
9) Announce the termination of the session.
10) END the meeting.
I L
150 MINUTES
City Commission, Sanford, Florida Work Session September 1-1, 2Q07
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The City Commission of the City of Sanford, Florida, met in Work Session on Monday, September 24, 2007, at 4
PM, in the Railroad Depot Room, 2nd Floor, City Hall, 300 North Park Avenue, Sanford, Florida.
Present: Mayor Linda Kuhn
Vice Mayor Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones (present at 4:10 PM)
Commissioner Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Clerk Janet R. Dougherty
Deputy City Clerk Cynthia Porter
Absent: City Attorney William L. Colbert
Mayor Kuhn called the Work Session to order at 4:05 PM.
1) Police and Fire Department retirees' health insurance issues.
Doug Bishop, representing Police and Fire Department retirees, distributed a copy of Section 10, Health
Insurance, City of Sanford Personnel Rules and Regulations effective September 27, 1993, and expressed concern that retirees
of the Police and Fire Departments are required to pay for health insurance after being told when first hired that the benefit
would be paid for life. They are on a fixed income and receive no cost of living allowance. He asked that the Commission
consider building a COLA system into Police and Fire pensions or that they be exempt from paying for health insurance. He
also asked that the pension boards include a retiree, because they receive no information from the boards. [Commissioner Jones
joined the meeting during the discussion.]
City Manager Yehl said that he will provide information to the Commission so the budgetary impact can be
determined. The Commission also requested an estimate of the cost to buy the Police and Fire back into the State retirement
system.
2) City Commissioners' Special Projects funds. (Regular Item #10.C) [Commission Memo 07 -259]
There was a consensus of the Commission that unencumbered special project funds lapse at the end of the
fiscal year.
3) Georgetown Neighborhood Plan presentation. [Commission Memo 07 -257]
Christine Dalton, Community Planner, distributed a draft Historic Georgetown Neighborhood Plan and gave a
power point presentation of the same. The Commission had no objections to the plan and requested that the rezoning initiative
proceed immediately.
4) Agenda Items - additional information and/or questions.
5) Attorney- client Session: Announce the commencement and estimated length of the attorney- client session and the
names of the persons attending.
6) CLOSE the public meeting.
Mayor Kuhn adjourned the Work Session at 4:47 PM.
7) Begin Attorney - Client Private Meeting. Requested by the City Attorney to seek advice from the City
Commission concerning ongoing litigation to which the City is a party. Persons attending may include the City
Commission, City Manager Robert Yehl, Deputy City Manager Kristi Aday, Assistant City Attorney Kenneth W.
McIntosh, and a Certified Court Reporter.
MINUTES 151
City Commission, Sanford,N'R §ession/Private Meeting September 24, 2007
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8) END the private meeting and REOPEN the public meeting.
9) Announce the termination of the session.
10) END the meeting.
Mayor L ,; a Kuhn
Attest:
(7 ?#X
City Clerk
cp
152 MINUTES
City Commission, Sanford, Florida Regular Meeting September 24, 2007
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CITY OF SANFORD
CITY COMMISSION MEETING
City Commission Chambers
1st Floor
Sanford City Hall
MONDAY, SEPTEMBER 24, 2007 300 North Park Avenue
7 PM Sanford, Florida
PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO
ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.330.5603 FOR
INFORMATION REGARDING AVAILABLE AIDS AND SERVICES.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
This record is not provided by the City of Sanford.
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AGENDA
Time (approximate)
7:00 1) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Ronnie Perez, Breaking Bread Christian Center.
3) Pledge of Allegiance.
4) Minutes.
July 30, 2007, Special Joint Work Session, August 13, 2007, Work Session, August 27, 2007, Regular Meeting, and September
10, 2007, Regular Meeting.
7:05 5) PRESENTATIONS /COMMENDATIONS:
None.
7:05 6) PUBLIC HEARING: 2007108 FINAL MILLAGE RATE, AND OPERATING AND CAPITAL BUDGETS. [Commission Memo
07 -258]
A) Resolution No. 2090 establishing a millage rate.
B) Resolution No. 2091 establishing the operating budget and capital improvement plan.
7:12 7) CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from
the Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items.
[Commission Memo 07 -249]
A) Renewal of the City's Insurance Portfolio with the Florida League of cities.
B) Continuing (Master) contract (CCNA) for Architectural, Engineering and Consulting Services with Burke, Hogue and
Mills Associates, Inc.
C) Acceptance of an Edward Byrne Memorial Justice Assistance Grant and approval of Matching Funds in the amount
of $3,995.
D) Approval of the Annual Funding Agreement with MetroPlan Orlando in amount of $33,245.
E) Letter of Agreement from Glatting Jackson for Vehicular and Pedestrian Wayfinding in amount of $48,500.
F) Special Event Permit for the Sanford Chamber of Commerce for the "Thunder in the Streets" Annual Bikefest.
G) Approval of an Agreement for The City's Annual Fuel Purchases in estimated amount of $800,000.
H) Approval of an Agreement for the City's Annual Tire Replacement Needs in estimated amount of $75,000.
I) Approval of a Bid Award to Tri-City Electrical for Palmetto Avenue Street Lighting in amount not to exceed $99,837.
J) Approval of a Bid Award to EDS Construction Corporation for Park Avenue Street Lighting in amount of $74,299.
K) Approval of a Consent Agreement with Natural Resource Technology Inc for Remediation Design and Management
of the Sanford Manufactured Gas Plant Site.
L) Approval of an Agreement with Ardaman and Associates for Art Lane Landfill Monitoring in amount not to exceed
$23,344.
7:14 8) PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding the item being considered. Public Hearings are not
intended to be a time for the public to obtain information about the subject matter of the hearing. (Hearing Sequence: 1st - staff; 2nd -
applicant/requesting party; 3rd - public; final - City Commission motion, discussion and action.)
A) Continued from September 10, 2007: Second reading and adoption of Ordinance No. 4066, rezoning 2470
Mellonville Avenue to RMOI, Multi - family Residential/Office/Institutional. Ad published August 15, 2007. [Commission
Memo 07 -248]
MINUTES
153A Attorney /Client Private Mtg re: Mayfair
E00514441DW City Commission, Sanford, Florida
Sept. 24. 2007
1
1
2
3
4 ORIGINAL
5
6
7
8 CITY OF SANFORD
9 CITY COMMISSION WORK SESSION
10 ATTORNEY /CLIENT PRIVATE MEETING
11 SEPTEMBER 24TH, 2007
12 RAILROAD DEPOT ROOM
13 2ND FLOOR
14 SANFORD CITY HALL
15 300 North Park Avenue
16 Sanford, Florida
17 4:43 p.m. to 5:59 p.m.
18
19
20 APPEARANCES:
Linda Kuhn Mayor
21 Art woodruff , Commi ssi oner
Randy Jones, Commissioner
22 velma williams, Commissioner
Jack Bridges, Commissioner
23 william L. Colbert, Attorney
Sherman Yehl, City Attorney
.24 Monica washington- Rothbaum, Attorney
25
SEMINOLE REPORTING INC.
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153B Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida
E00514441DW Scpt. 24, 2007
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1 PROCEEDINGS
2 THE MAYOR: we're now going to convene this
3 meeting.
4 NR. cOLBERT: All right. Mayor, I want to thank
5 you for allowing us to have the attorney /client
6 session. we did request it in writing.
7 The purpose of this session is for us to discuss
8 the pending litigation concerning the Mayfair Golf
9 course. we'll be discussing potential settlement and
10 cost saving opportunities and negotiations.
11 The people present would be the City Manager,
12 the Elected Commissioners, myself and Ms. Rothbaum
13 from our office.
14 I expect the meeting will take approximately 30
15 minutes, unless there are more questions, but I think
16 30 minutes or so will provide that.
17 we can now convene the private part of this
18 meeting.
19 THE MAYOR: which we will do.
20 MR. 0OLBERT: You want to introduce it with your
21 memo or do you want us to talk or --
22 MR. \JCDRUFF: wait a second for Ms. Velma.
23 R. COLBERT: oh, velma is not here. All right.
24 Let's wait.
25 MR. YEHL: Okay. At the direction of the City
SEMINOLE REPORTING INC.
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153C Attorney /Client Private Mtg re: Mayfair
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E00514441DW City Commission, Sanford, Florida Sept. 24, 2007 —
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' f 1 commission on September 13th, our Mayfair negotiating
2 team did meet in mediation and we have a -- two
3 potential agreements that Mr. colbert will discuss
4 here shortly that resulted from the mediation.
c 5 The first was an agreement between the city and
6 sem club in which the City bought out the
7 remaining team of -- term of the lease and terminated
8 the relationship between Seminole club and Mayfair
9 Club.
10 That was supposed to take place by 5:00 p.m. on
11 September 28th, 1 believe that will be this Friday.
12 As is indicated in our memo, the terms of this
13 agreement are to remain confidential until such time
14 as the pending legal action is dismissed, and
15 Mr. colbert will go through some of those agreements.
16 The second part of this is an agreement for the
17 City's intent to negotiate a new lease agreement with
18 Steve Phillips.
19 Mr. Phillips, we believe, has both the funding
20 and experience necessary to appropriately manage the
21 Mayfair Club .
22 And Mr. Phillips has agreed to a number of
23 conditions, or at least initially, as a result of
24 mediation. one, to substantially contribute to the
25 buy -out of the lease, the terms that were agreeable
SE INOLE REPORTING INC.
(4 07) 831 -640
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153D Attorney /Client Private Mtg re: Mayfair
....mw City Commission, Sanford, Florida Sept. 247 2007
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1 to Seminole Club.
2 And second, to initially invest somewhere in the
3 neighborhood of $700,000 in capital improvements to
4 the physical facility of the golf course itself.
5 And with that I'll turn it over to Mr. Colbert,
6 he'll go over some of the bloody details.
7 NR. COLBERT: Thank you, Mr. City Manager,
8 Conmissioners, Mayor.
9 The Mayfair saga precedes my being City
10 Attorney, and I became City Attorney in 1981, so it's
11 an old saga.
12 This is a -- this is a new chapter and -- and I
13 am more optimistic at this point than 1 have been
14 since I've been City Attorney, that we're coming to a
15 position that will put the City in a better posture
16 than it has been.
17 Mr. McIntosh would be here to describe some of
18 the details to you, but he injured his knees, which
19 have had replacements and he is not available to us
20 this afternoon. But he's going to be all right, but
21 not doing well right now.
22 THE MAYOR: Okay.
23 NR. COLBERT: The agreement negotiated was, 1
24 think, in the best interest of the City. Everyone
25 got something from the agreement. Everyone wants
SEMINOLE REPORTING INC.
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153E Attorney /Client Private Mtg re: Mayfair
E00514441DW City Commission, Sanford, Florida Sept. 24, 2007
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1 more, so it must be a fairly good agreement.
2 THE MAYOR: Typical agreement. Right?
3 NR. COLBERT: No one is completely satisfied.
4 The City had offered $750,000 to buyout the lease
5 previously. And in this scenario, the City will
6 contribute that $750,000 that it would have paid
7 before.
8 The -- Mr. Phillips, who is the head of the new
9 group that would be leasing the golf course, will
10 contribute a million dollars toward a buyout. And he
11 will infuse the golf course with additional capital,
12 as the City Manager mentioned, of an additional
13 $700,000 plus in capital improvements over the next
14 several months.
15 Another big part for the City is that reuse will
16 be paid for by the golf course, that is water reuse.
17 The City has been paying for the privilege and the --
18 of irrigating the golf course, and that goes away in
19 this. The City will be receiving compensation for
20 it.
21 THE MAYOR: Just that in itself is an
22 accomplishment.
23 NR. COLBERT: It's a blessing. It's a blessing
24 to the City.
25 THE MAYOR: Yeah.
SWINDLE REPORTING INC.
(407) 831 -640 1
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153F Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept.-24-3-2007
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1 NR. COLBERT: The transaction is supposed to
2 conclude on the 27th and 28th, which will be this
3 Thursday and Friday, I believe.
4 The 27th is the day that Mr. Phillips is
5 supposed to remit a million dollars to the City. The
6 28th is the day that the Daniels' family is to
7 receive the city's amount and the amount that
8 Phillips will deposit and turn over possession.
9 several things need to occur before that time,
10 and the City Manager did allude to those. one of the
11 things that is being worked on now is a general
12 release to be executed by the Daniels' family.
13 we would not want to settle, would not want then
14 to receive funds and turn around and be sued or
15 counter sued or have remaining issues, when it's
16 done, it's supposed to be done.
17 we have a draft of that release here, it's still
18 being discussed among attorneys, meaning their
19 attorneys and our office, the terms of conditions of
20 it. Probably not major issues, but still
21 discussions.
22 The other document that needs to be executed is
23 the new lease agreement. Our office has been in the
24 process of drafting that, communi cati ng with the --
25 THE MAYOR: It's not a 50 year lease, is it?
SEMINOLE REPORTING INC.
(407) 831 -640
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1636- Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007
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1 NR. COLBERT: No. It's a ten year lease --
2 MS. ROTHBAUM: Ten year with an automatic five
3 renewal, if there are no difficulties.
4 MR. cOLBERT: Okay. It will be a twenty -five
5 year term, the term is being shortened considerably.
6 MR. V►RODRUFF: what's the current --
7 THE MAYOR: Forty -one.
8 NR. WOODRUFF: Forty -one years.
9 NR. COLBERT: Forty -one years to go.
10 NR. IAKX DRUFF : All right.
11 R. COLBERT: The details -- some of the details
12 of that are still being discussed, there are drafts
13 going back and forth.
14 I did bring for the commission to look at, these
15 are confidential documents, we don't need to go over
16 than line by line, but if ou want to look at them
kap
,
,
17 we did bring copies that you can certainly review.
18 This would include the draft of the golf course
19 lease agreement, the termination of lease agreement,
20 the mutual releases, the memorandum of agreement, two
21 of those which were done at the mediation that
22 Mr. Bridges attended.
23 Ms. Rothbaun has been working on this basically
24 full -time leading up to the negotiations or the
25 mediation, and basically full -time since. I think
SEMINOLE REPORTING INC.
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153 Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Supt: 24, 2007
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1 the last time that a -mails passed, that I saw copies
2 of between our office and the office of the Daniels'
3 attorney and the office of Mr. Phillips' attorney,
4 was something like ten minutes before I left to come
5 to this meeting. So it's still going on.
6 The differences in what I have seen do not
7 appear to be great, it's what we attorneys call
8 wordsmithing, as much as anything, dotting I's
9 crossing T's, that does this mean, things of that
10 nature.
11 The gist of what the commission had said before
12 the mediation that it wants, the gist of what is
13 attached to the City Manager's memorandum, Number
14 07260, which he read from, and I believe you'all have
15 a copy of, with the two additional pages of terms and
16 conditions, basically those are intact.
17 Mt. YEHL: Could I?
18 Mt. COLBERT: Yes, sir.
19 MR. YEHL: Just want to make one comment
20 regarding those teams and conditions. Those tennis
21 and conditions were actually identified from a number
22 of different leases that we had the opportunity to
23 review prior to the mediation.
24 And we identified these primary terms and
25 conditions in a document that was also presented as
SEMINOLE REPORTING INC.
(407) 831 -640
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153 J Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007 —
E00514441DW
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1 part of the mediation.
2 And so all of the participants in the mediation,
3 including the four or five potential assignees, were
4 aware of what our lease demands were going to be if
5 they were to be successful.
6 And what we tried to do in these terms and
7 conditions is lay out some protections for the City,
8 both in terms of ensuring that the -- that the lessee
9 had a good business plan, and that we also had a
10 consistent and true reporting mechanism, so that we
11 had a good handle on the actual revenues that the
12 operation was receiving.
13 And it would be my intent to actively enforce
14 those lease provisions through a number of different
15 methods over the coming years, but primarily through
16 accounting and auditing procedures where we believe
17 that we can adequately monitor the revenue stream
18 that goes into the golf course.
19 THE MAYOR: That will be different.
20 NR. YEHL: We hope it to be.
21 MR. COLBERT: One of the shortfalls of history,
22 as it relates to the leases is that, one, the terms
23 were not specific or well defined. And, two, records
24 were not kept by the golf course people, nor were
25 they required to be submitted to the City.
SEMINOLE REPORTING INC.
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1531 Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept.-24T2007
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1 And when things go awry, lawyers go by the
2 record, and the absence of a record makes some thing
3 very difficult to enforce.
4 And the absence of terms, conditions,
5 definitions and standards makes it difficult to
6 enforce.
7 so with a better lease and the recordkeeping
8 that the City Manager has outlined, and I have no
9 doubt that he and the City staff are able to -- to
10 review and analyze those records and have a tickler
11 system that works to insist that those records be
12 timely given, we should not get back in the posture
13 that we -- that we got into over the last 20, 25, 30
14 years of this lease arrangement.
15 Mr. Bridges, commissioner Bridges, was, by all
16 the accounts I've heard from Ken McIntosh and
17 everyone else who was there, was very instrumental in
18 holding everybody's feet to the fire.
19 But for the fact that he was there and did that,
20 this could have well turned out some other way, I
21 want the Commission to understand that.
22 I also want you to understand how hard the City
23 staff has worked getting information over -- over the
24 months that we've been working on this and helping
25 us.
SEMINOLE REPORTING INC.
(407) 831 -6400
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153k Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007
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1 It was certainly a joint effort, and Ms. May
2 was there, she's been the go -to- person on the staff
3 all the way through. our office would ask for
4 something and she would help see that we get it.
it ' 5 She's been actively involved in this.
6 1 wish she could be present in the room right
7 now. One, so she could hear me say this, and, two,
8 so that you could recognize her for her efforts on
9 this.
10 1 will -- Ms. Rothbaum and 1 will go over as
11 much detail as you would like. You need to
12 understand that what you're looking at are not final
13 drafts, but they're works in process.
14 There has been a request by the Phillips' group
15 to have a few more days past the 28th to get their
1r 16 stuff together, we've told them that -- that we're
17 not in a position to grant that.
18 They keep moving forward. 1 don't know that
19 there needs to be any more additional days. But
20 we -- we got three parties here and the Daniels are
21 due a million seven hundred and fifty thousand
22 dollars on Friday, unless they agree to some type of
23 continuance.
24 THE MAYOR: Right.
25 MR. COLBERT: we're due a million dollars on
SEMINOLE REPORTING INC.
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153L Attorney /Client Private Mtg re: Mayfair
E00514441DW City Commission, Sanford, Florida
Sept.
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1 Thursday, unless there's some type of continuance
2 agreed to. so there's not one party in absolute
3 control.
4 THE MAYOR: uh -huh.
5 MR. COLBERT: I do believe that, based on what
6 I've seen, the drafts I've seen, the comments that
7 have come back, that we're not having fundamental
8 differences about people wanting a different deal
9 than the one that was agreed to. There still is work
10 going on in the documents.
11 Commissioner Bridges, would you like to make
12 some comments, you were present through this?
13 MR. BRIDGES: Yeah. You know, I want to thank
14 you for your kind comments, Bill, but the real credit
15 goes to Monica, she did a hell of a job.
16 Between Ken McIntosh and 1, if anybody can say
17 it --
18 THE MAYOR: uh -huh.
19 NR. BRIDGES: Monica did a great job in keeping
20 Kn► and 1, Kenneth McIntosh for the record, the KR,
21 online. Kristi was very instrumental, and it was a
22 long day.
23 we started about quarter to nine and took a
24 twenty minute lunch break and then Monica let me
25 leave about 6:15, thinking I would like to beat the
SEMINOLE REPORTING INC.
(407) 831 -6400
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153N\ Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007
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1 rush -hour traffic, and it took fifty -two minutes to
2 go 18 miles, but I'm not bitching.
3 NR. CULBERT: Certainly not.
4 NR. BRIDGES: Monica has done an excellent job.
5 she sent me the first draft, I believe she sent me
6 the second draft.
7 And though I'm sitting here as camiissioner, I
8 cannot help but put my lawyer's hat on, and I have
9 reviewed -- I have reviewed the draft and redraft
10 page by page and verse by verse.
11 A famous city Manager told me one time, the
12 devil is in the details. And Monica has done a great
13 job in trying to sort out the details. It still
14 needs some sorting.
0 15 But let me go where I like to go, and that's the
16 bottom line. we negotiated a few things that were
17 very beneficial to the City. It sours me that we
18 have to pay the $750,000 to buy our own property
19 back.
20 THE MAYOR: uh -huh.
21 NR. BRIDGES: But I had to take that as a
22 foundation, we all knew there was no alternative.
23 There's always the alternative in litigation, and
24 I've been practicing long enough, and so has
25 certainly Mr. Colbert and Monica, litigation can feed
SEMINOLE REPORTING INC.
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153N Attorney /Client Private Mtg re: Mayfair
E00514441DW City Commission, Sanford, Florida Sept.
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1 itself and not serve a decent purpose.
2 we had 40 -- Monica, 41 years remaining --
3 ms. ROTHBAUM : Yes.
4 NR. BRIDGES: -- on the existing lease?
5 Somehow at the end of that we were paying
6 Mayfair Country Club $6500 a year to spread our own
7 water. 1 will not even get on that soapbox.
8 And we were getting five percent of unaudited,
9 undetenrninable, unfathomable, unfoundable and
10 unreasonable revenues.
11 So we negotiated seven fifty from the City, one
12 million dollars from Mr. Phillips and then to the
13 exact penny a seven hundred and twenty thousand --
14 correct me as I go, Monica.
15 vs. ROII -IBALM : Yes.
16 NR. BRIDGES: A seven hundred and twenty
17 thousand dollar capital improvement, which was
18 envisioned to be, allaying the course to stay open
19 through this winter season, which is the gravy, the
20 gravy to a golf course in Florida is the winter
21 season, of a municipal nature.
22 close it in the Spring and literarily rebuilding
23 fairways and greens and then start doing some work on
24 all the permanent structures as the case maybe,
25 significant undertaking. So the investment from
SEMINOLE REPORTING INC.
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1530 Attorney /Client Private Mtg re: Mayfair
Eoosiaaainw City Commission, Sanford, Florida Sept. 24, 2007
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1 Phillips would be a million seven hundred twenty
2 thousand dollars.
3 we negotiated the lease term to 20 years with a
4 5 year renewal, Mr. Phillips didn't like that, we
5 wanted more.
6 I Kind of stood firm on that, I said, look,
7 you're really getting 25, because only if you
8 default, and negligent under the lease creates the
9 right for us to terminate it and not renew it for the
10 additional five years.
11 So we took 41 do n to technically 20, but in my
12 mind 25.
13 NR. WOODRUFF: 25.
14 NR. BRIDGES: we then turned around and said, no
15 longer are we going to pay you to spread our water,
16 and z still don't (indicating) -- z get sick about
17 that.
18 so we flipped it and they're going to pay us
19 $5,000 a month to use our water, and that's going to
20 give them five hundred thousand gallons a month. And
21 then anything over five hundred thousand gallons per
22 month, they would pay on the commercial user's rate
23 akin to any commercial user within the City of
24 Sanford.
25 Is that a great deal, I don't know. was it
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1 accepted, yes, it was. could we have maybe squeezed
2 more, 1 don't know, but 1 think we walked out of
3 there -- 1 learned a long time ago, when two people
4 walk out of a mediation a little bit happy, a little
5 bit sad, a little bit optimistic, a little bit
6 pessimistic, that probably justice was done.
7 Now, that's where we were when 1 left last week,
8 I've had the opportunity to stay in touch with
9 Monica.
10 And Monica and 1 had a discussion earlier today,
11 and she told me a couple of things 1 didn't like. Do
12 we have any updates on those issues, about the teen
13 of the lease and that amortization language that you
14 and I chatted about earlier today?
15 And if you have, could you update me and the
16 commission, because 1 haven't had the opportunity,
17 obviously, to discuss it with any members of the
18 commission.
19 MS. ROTHBAUv1: uh -huh. well, we received a red
20 line of the agreement that we sent over to Phillips &
21 company. And that red line did not have the
22 amortization language that they had -- they had
23 offered before.
24 MR. BRIDGES: That you and 1 discussed?
25 ms. RO11 HBAUM : That we discussed. And that
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1
1 language was proposed by counsel for Phillips, but it
2 did not seem to make it into this red line. And so
3 at this point, I'm not going to go -- I'm not going
or) 4 to question it.
5 MR. BRIDGES: All right. Since we're e in a shade
6 meeting, so I can get a feel, because I'm going to
7 lead up to something here in a minute.
8 It had been presented to Monica, and you correct
9 me as I go.
10 MS. ROTHBAUM: Yes, sir.
11 MR. BRIDGES: The suggestion was from the
12 prospective lessee and assignee, all right, we're
13 making a million seven twenty investment, effectively
14 over the next twenty or twenty -five years, depending
15 on which accounting you want to quibble with.
16 And if the lease i
e s early terminated, for
17 whatever reason, we want some of that capital
18 investment back plus interest. when Monica said that
19 to me, I can quote exactly what I said, i said, hell,
20 no, business is business, I've heard a very smart
21 person say that before.
22 And if you want to invest in us, Number 1, the
23 only way this lease is going to be terminated is
24 through your default --
25 MR. hOODRUFF: if they mess up.
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1 THE MAYOR: Yeah. why would we give you money
2 back.
3 NR. BRIDGES: It sounded to me like a guarantee,
4 and I said, you know, if the City would do that, let
5 me get a group of investors together and 1'11 go out
6 there and operate it for six years, and then I'm out
7 of there and I'll say, give me back part of my
8 investment.
9 so I told Monica, I said, I always have an
10 initial big mouth reaction and then I stop and think,
11 but my initial reaction was, hell, no.
12 NON, they have a red line there and they're
13 trying to come back with it, fine.
14 NR. WOODRUFF: That's crazy.
15 THE MAYOR: That's crazy, vuhy would we do that.
16 NR. BRIDGES: You put up a million seven hundred
17 twenty thousand dollars and it's a business venture.
18 THE MAYOR: It's a business.
19 NR. WOODRUFF: unless they screw up, they're
20 making money.
21 THE MAYOR: Yeah.
22 NR. BRIDGES: Right. Absolutely. Absolutely.
23 Now, the other thing that Monica told me about that
24 disturbed me was, vihat about the lease term?
25 MS. ROTHBAUM: They're asking for more time or
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1 automatic renewals.
2 I'R. WJODRUFF: No, for how long?
3 MS. ROTHBAUM: They just said, we'd like more
4 renewals, but it's not -- it's not actually --
5 NR. GOLBERT: It's not in the red line.
6 MS. ROTHBAUM: It's not in the red line. In
7 addition to getting this red line, we've -- I'm also
8 getting communications from Leslie Lewis, who
9 purports to represent Phillips as well. I believe
10 he's represented by Jim Blau.
11 NR. BRIDGES: J period Gordon Blau.
12 MS. ROD-BALM: Yes.
13 NR. BRIDGES: B- L -A -U, for the record.
14 MS. ROTH AUM: And these attorneys are working
15 in tandem. And Ms. Lewis sent me e -mails about
16 suggestions, at the same time we received a red line,
17 but not all of her suggestions are in the red line.
18 It may be that she's reviewing the red line and
19 sending me e -mails saying, and another thing. Some
20 of them are minor and some of them are, you know,
21 address more substantial --
22 NR. BRIDGES: And you said it was Laura?
23 MS. ROTHBAUM: Leslie Lewis.
24 NR. BRIDGES: Leslie. Leslie Lewis is also an
25 attorney. J. Gordon Blau is an attorney that I've
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1 known for 25 plus years. Mr. Blau and Ms. Lewis are
2 ex- husband and ex -wife. They are the (indicating) --
3 as we think or conclude, Monica, they are the
4 investor or so we are --
5 ms. ROTHBAUM : Yes.
6 NR. BRIDGES: So we've been led to believe.
7 ms. ROTHBA 1: Yes.
8 NR. BRIDGES: Not that there's any statutory or
9 mandatory disclosure that says under oath that -- I
10 mean, the investor can be MD out of Oviedo.
11 we're led to believe that it's J. Gordon Blau
12 and his former wife, Leslie Lewis, I always get that
13 messed up.
14 when Monica mentioned to me the extension of the
15 lease, again my exact reaction was, hell, no. You
16 got twenty plus five, guaranteed.
17 All right. well, twenty -five versus forty -one,
18 we've shaved sixteen years. I told Monica, and since
19 we're in a shade meeting, I said, well, okay, always
20 I like to erupt, then I like to stop and think.
21 would somebody -- could they twist my annn into
22 another five year extension, yes, and I'll tell you
23 why. If we get the lease executed the way we
24 negotiated it, most respectfully Mr. colbert's
25 office, we're going to save two, three hundred
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1 thousand dollars in legal fees?
2 NR. COLBERT: Easy.
3 NR. BRIDGES: Fasy. And, you know, I cannot
4 help but say this, I believe in legal fees, but
5 I'm...
6 THE MAYOR: But you have to wear a different hat
7 right now, Jack.
8 NR. BRIDGES: Yes. Number 2, we not only save
9 $65,000 a year in an AP account payable, we generated
10 $60,000 a year in an AR, I like that swing, that's a
11 $125,000 a year initially.
12 I won't even get to the emotional factors, of
13 the course and the way it's run. It was run by
14 personalties unfortunately untrained, just like
15 Mr. Colbert, personalities should not play in
16 litigation, but it certainly has had a chilling
17 effect in this one.
18 Having said all that, I'm not an investment
19 analyst, I'm not an accountant, I don't know when you
20 go to your to bank and say, look, I want to borrow a
21 million seven hundred and twenty thousand dollars.
22 Haw do you amortize that over the life of the
23 lease, I don't know if 20 years is the magic number,
24 I don't know if 25 years is the magic number. I do
25 knave from a lender perspective, and I think
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1 Mr. colbert with his experience would agree with me,
2 the longer the lease, the better the security.
3 NR COLBERT: uh -huh.
4 MR. BRIDGES: Do we say, look, you sign this
5 lease as written, and I've reviewed it, I sat there
6 Sunday afternoon with the ballgame going on, because
7 I wasn't going to distribute on Saturday when my
8 Gators were playing.
9 But I've read every line of this lease, and
10 Monica has done one hell of a job. I mean it is
11 detailed, to the point that some would be critical,
12 but it needs detail.
13 I mean, she's got audits on top of audits on top
14 of audits on top of audits, maybe actually to be
15 professional, maybe a little bit of overkill. But I
16 would rather have overkill than underkill,
17 particularly in this.
18 Because if it had had a semblance of kill
19 previously, just a semblance --
20 THE MAYOR: We wouldn't be here.
21 NR. BRIDGES: we wouldn't be in the
22 predicament --
23 THE MAYOR: Right.
24 NR. hOODRUFF: with that, keep in mind the first
25 time I started asking about this, we couldn't even
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1 find the lease.
2 NR. BRIDGES: well, if you would have come to my
3 office I probably could have handed it to you,
4 because I represented Pierce, McNulty & Phillips
5 (phonetic) when they sold it to Mr. Daniels and clan.
6 But the five year extension to create a 30 year,
7 if they otherwise would sign the lease as is, I don't
8 think we as a commission -- I don't think we will wed
9 to any figure, but I think we will all say, my God, I
10 don't want another 41 years of this.
11 we've given them 25, by any shape, form or
12 fashion, if they perform, they got 25. Do we give
13 them 30, I don't particularly care to, why, because I
14 just don't particularly care to.
15 That's not a good and sufficient legal reason --
16 NR. JONES: Not necessarily a deal breaker
17 either.
18 NR. BRIDGES: Exactly.
19 THE MAYOR: Yeah, I was going to say, we don't
20 want it to be a deal breaker.
21 NR. BRIDGES: Exactly, Randy. I wouldn't want
22 somebody to say, well, if you don't give me that
23 other five years, we're walking out of here.
24 THE MAYOR: Right, we've come too far.
25 NR. BRIDGES: Now, there are still other
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1 interested players out there. But my biggest concern
2 when Monica and I talked, I said, I'm not going to do
3 any amortization with an interest pay back on his
4 capital investment.
5 If you go buy a piece of property and you
6 develop it, you take -- you take the risk to develop
7 it.
8 MR. JONES: You take the risk, that's the whole
9 idea.
10 THE MAYOR: Right. That's it.
11 MR. BRIDGES: And I said, that's a deal breaker.
12 I mean, I have had a call from another prospective
13 investor, who said, you know, if it doesn't go
14 through, I would like to come and talk to the City
15 about that.
16 And I think the people we had, Monica was there,
17 one of the particular parties was long on -- long on
18 enthusiasm but I think very short on capital.
19 But there are people out -- I mean, I got a call
20 also from an interested party, former golfer that I
21 personally know, in New York, about this. So it's
22 not like we're trying to get -- beg somebody to get
23 this place.
24 So I think all things considered, Randy, I think
25 you said it right, I don't think I would let the five
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1 years be a deal breaker, I darn sure would let the
2 amortization of the capital investment be a --
3 THE MAYOR: Right. Right.
4 NR. BRIDGES: -- deal breaker.
5 So have I overlooked any --
6 ms. ROTHBAUVI : No.
7 'R. BRIDGES: Please add anything that I
8 overlooked --
9 MS. ROTHBAIJM : Sure.
10 NR. BRIDGES: -- I think that's the guts of it.
11 MS. ROTHB,AUM: Yes. And if I could direct your
12 attention to Tab 6 in the packet, that is the ten
13 page lease recommendations that were drafted by the
14 administration here.
15 And I thank you for the praise regarding the
16 lease agreement.
17 But I did follow the recommendations of the City
18 and the 29, 30 pages you see there is actually my
19 taken in what the City Manager and his staff
20 recommended and turning it into a lease agreement.
21 And the shorthand version of this is the
22 two -page document that Mr. Yehl provided to you at
23 the onset of this discussion.
24 You'11 notice that there are comprehensive
25 reporting mechanisms, monthly, quarterly, yearly,
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1 annual audits, I mean, I didn't think that -- that
2 Mr. Phillips & Company were going to buy it. The
3 only issue I see, in that respect, is that they like
4 to maybe just have monthly and not quarterly.
5 But if you get monthly, yearly and annual
6 audits, you're going to get a lot of paper.
7 THE MAYOR: Right.
8 Ms. ROTHBAUM: And so you will be at least
9 keeping track of things.
10 so my summary is that, it was a very expensive
11 lease agreement, we did what we could to turn the
12 recommendations of the staff into a legal document,
13 and while there are opportunities for further
14 negotiation, they are not as extensive as you might
15 think.
16 And we'll need a little more time to work out
17 those details, but essentially the substance of what
18 the City staff recommended is reflected in the lease
19 agreement.
20 NR. BRIDGES: I want to add to that too, you've
21 known me long, Sherman, I'm short on compliments and
22 quick on criticisms, because I've been in that kind
23 of business.
24 But I want to specifically compliment you and
25 your people, because for City Manager you did a
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1
1 pretty damn good job of crystallizing it for her and
2 for me to follow, because I did, the night before
3 mediation, read through all of your recommendations,
4 cussing you under my breath, and you did --
5 THE MAYOR: The devil is in the details.
6 NR. BRIDGES: The devil is in the details, and
7 you did a very thorough job, I was very impressed
8 with that.
9 And like i said, and i meant it, Monica has
10 got -- I think she's got everything but daily audits
11 in there.
12 Ms. ROTHBAUM: If they had put it in there, I
13 would have it in there.
14 NR. BRIDGES: Doing a monthly, can I just slap
0
15 them together then that becomes quarterly and i'll do
16 two quarters, can I slap them together and then that
17 becomes semi - annual and then i think --
18 And I said, well, I said, you know, if they
19 don't object to it, because I sat on the original
20 Mayfair liaison committee as appointed by Mayor Betty
21 smith, in 1980 something.
22 And we had two meetings with the Daniels, we
23 gave a report to the City Commission and that was
24 say, 1983 or '84, and I'm still waiting for feedback.
25 But the bottom line of my input is -- and I
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1 asked Monica today, what I would like to be empowered
2 with is to continue to work with Mr. Colbert, Monica,
3 KW, when gimpy knees gets to work, and we know where
4 we are, I think, as far as what we would accept and
5 what the commission, as a body of politics would
6 approve, I just need some direction on this 25 years
7 versus 30.
8 And assuming that the final work product was in
9 line with what we talked about today, then I would
10 like the authority to be able to work with Bill and
11 Monica and KN, and approve that and then have the
12 Mayor and the City Manager to be able to execute such
13 a document without future total meetings to report to
14 the commission, unless the commission wants it,
15 because I'm available, and what I'm trying to do is
16 help Bill's office.
17 NR. COLBERT: Yeah, two things, and it's --
18 three things, it's consistent with what Mr. Bridges
19 just said.
20 But, one, I think I started this with saying,
21 and if I didn't say it very clearly, I want it
22 clearly understood, we have more assistants from the
23 City staff on this matter than we've had in the
24 entire time I've been City Attorney, and I'm very
25 proud of the staff.
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1 MS. WILLIAMS: Can I ask a question?
2 MR. JONES: Let Bill finish --
3 MR. COLBERT: The two things that have -- that I
4 think would be appropriate for the commission, and
5 you can't make a motion and pass it here, but you can
6 downstairs.
7 But the two things that I recommend when we get
8 downstairs, after we've answered all your questions
9 up here, I really don't want any questions downstairs
10 because we're still in litigation.
11 THE MAYOR: Right.
12 MR. COLBERT: But the two things that I think I
13 would seek from you downstairs, if you have the mind
14 to do it, would be first to authorize commissioner
15 Bridges to work with the City Staff and the City
16 Attorney's office to finalize terms and conditions
17 that will release the Daniels' family, and the lease
18 with the new lessee, Phillips.
19 And then the second thing would be to authorize
20 the Mayor to execute a lease agreement with the new
21 lessee of the Mayfair Golf Course, on teens and
22 conditions generally consistent with the Memorandum
23 07260, which you have in front of you, in a format
24 acceptable to the City Manager and the City Attorney,
25 that's after Mr. Bridges helps us with final
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1 negotiations, if you will.
2 If you're inclined to do those two things, it
3 seems to me that if we're not able to get it closed
4 by Thursday or Friday, then it will close shortly
5 after that. And I think there's still an opportunity
6 to hold their feet to the fire to get it closed --
7 THE MAYOR: Here is my --
8 NR. COLBERT: -- by Thursday and Friday.
9 THE MAYOR: well, here is my concern, I would
10 like you to close this obviously as soon as possible,
11 because I do have a concern with the Daniels' family
12 history.
13 NR. COLBERT: I understand.
14 THE MAYOR: That they might -- someone might
15 start foaming the water and then they think, oh,
16 well, maybe we didn't get enough money.
17 NR. COLBERT: I understand.
18 THE MAYOR: So I think we need to close this as
19 quickly as we possibly can. so hopefully there won't
20 be much of a delay on this.
21 But I also need to interject something to the
22 commission about commissioner Bridges, normally it
23 would have been me sitting in on this type of
24 mediation, and I had asked Commissioner Bridges to do
25 so, because I knew his history, obviously with the
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1 Mayfair and obviously because of his legal expertise.
2 And I think he has served the commission well, I
3 appreciate him having done that, I know he was not
4 feeling well that day at all.
5 NR. BRIDGES: Thank you, Mayor.
6 THE MAYOR: I think you've done a great service
7 for the commission in your representation, and also
8 to the city of Sanford as a whole, that all of you
9 have worked so well to bring this to a resolution,
10 hopefully will end by the end of this week.
11 NR. IAGODRUFF: Praise the Lord.
12 THE MAYOR: But as far as -- yes, let's not
13 count the chickens, I'm well on pins and needles over
14 this.
15 But as far as I'm concerned, I don't like the 30
1 NJ 16 r '
yea s, but it's not a deal breaker for me.
17 NR. COLBERT: Okay.
18 THE MAYOR: But that's up to the rest of you.
19 MR. JONES: well, then we go back to the whole
20 point, it would be their own doing.
21 THE MAYOR: Right, it's their oven doing, you
22 know, so.
23 NR. WOODRUFF: I don't like going to 30 years,
24 because it's -- I mean, first of all, if we had the
25 perfect person to run the course, I would give it to
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1 than just simply so we could get it --
2 NR. BRIDGES: Strike that from the record,
3 please.
4 THE MAYOR: Yeah.
5 NR. VOODRUFF: It would have to be the perfect
6 person no doubt.
7 THE MAYOR: There is no such thing as a perfect
8 person to run a golf course.
9 NR. WOODRUFF: Exactly. But in my mind the
10 $750,000 is us buying the last fifteen years of the
11 lease.
12 And that's how I can justify it to myself and I
13 can justify to the citizens, why are you giving them
14 $750,000, well, because we get the last fifteen years
15 of the lease. And Phillips is paying a million to
16 get the first 25.
17 So I would --
18 MR. JONES: Or we continue --
19 NR. WJCDRUFF: -- push --
20 NR. JONES: -- for 41 more years.
21 THE MAYOR: Yeah.
22 MR. WOODRUFF: I would push really hard to not
23 extend that lease any further.
24 THE MAYOR: Right.
25 NR. BRIDGES: Now, Monica was sitting right
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( cJ
1 there and Phillips told us, 1 don't like that. And 1
2 said, that's the way it is, was it impolite, that's
3 the only authority that I'm going to extend.
IL, 4 You know, it's not a deal breaker for me, on the
5 other hand, 1 don't think it's a deal breaker with
6 than, but it's something 1 just wanted you'all's
7 input on.
8 They -- they're going to try to squeeze, don't
9 you think Monica, if they can squeeze a little bit
10 more out of --
11 THE MAYOR: Sure.
12 MS. ROTHBAUM: Yes.
13 MR. WOODRUFF: Because they know we want --
14 MS. ROTHBAUM: Exactly, so we do the same.
15 THE MAYOR: Yes.
` 16 MR. BRIDGES: well, we do that people do in
17 negotiations and mediations, say 1 want to give you
18 five. This lease effective date is going to be
19 basically October of '07, I'll throw you a bone, I'll
20 give you a couple of years.
21 1 appreciate what you're saying too, Art,
22 basically that we've paid seven fifty, fifteen years,
23 that equates to fifty thousand a year, he pays a
24 million for twenty five, that equates to forty
25 thousand dollars a year.
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1 I can assure you, if we have really good books,
2 that lease is worth more, much more.
3 THE MAYOR: oh, yeah.
4 MR. BRIDGES: well, I talked to my pro at
5 Heathrow, started throwing some numbers, and he went,
6 Mr. Bridges, he said, Mayfair could be anything it
7 wants to be.
8 NR. JONES: Let's go talk to the professor,
9 that's Dr. Rath at UCF, I bet you --
10 NR. BRIDGES: Sure.
11 Mt. JONES: -- really nice.
12 Mt. WOODRUFF: Not many people can get a golf
13 course for a million dollars.
14 THE MAYOR: Sure.
15 M2. BRIDGES: Construction on a brand new golf
16 course now it's a million per hole to open it.
17 NR. WOODRUFF: Exactly. Is there anything in
18 the lease that -- that increases the lease payment?
19 MR. BRIDGES: The five percent?
20 MR. WOODRUFF: Yeah.
21 MR. BRIDGES: No.
22 MR. COLBERT: It's a percentage of revenue, as
23 their revenue goes up, theoretically the amount goes
24 up. But it doesn't go to five to six percent to
25 seven percent.
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1 MR. BRIDGES: stayed at five.
2 MR. YEHL: And that's a fairly standard --
3 Mt. WODRUFF: Yeah. That's not a counter -offer
4 on the extra five years?
5 MR. BRIDGES: No, in fact --
6 MR. WOODRUFF: If there's an extra five years.
7 MR. BRIDGES: No. No. In fact, I talked to my
8 pro at Heathrow and Sherman is right, five percent
9 seems to be -- and everything in life is negotiable,
10 we know that.
11 The five percent seems to be fairly the industry
12 standard, in fact Monica had put in the lease, I
13 thought it was cute, and I don't mean that in a male
14 chauvinist sense, all receipts of the pro shop shall
15 go through the cash register.
16 Because I want to --
17 MS. ROTHBAUM: Staff recommendations.
18 THE MAYOR: Right.
19 MS. ROTHBAUM: It's very --
20 THE MAYOR: No, because we knave that not all
21 have --
22 MR. WOODRUFF: Well, you knave, and one of the
23 things --
24 MR. BRIDGES: The thing is, it went through the
25 pocket allegedly.
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1 THE MAYOR: Yes.
2 MR. hOCDRUFF: One of the conditions that they
3 need to come up with all the memberships and
4 everything, there were a lot of memberships I think
5 that were cash, and there may not be a record of
6 those memberships.
7 NR. COLBERT: Let me remind the commission that
8 we are on record, it's just a delayed broadcast, you
9 can say what you want, but just remember that your
10 words will be public at some point, so please govern
11 accordingly.
12 R. BRIDGES: Give me -- give me a feeling about
13 this five years?
14 THE MAYOR: All right. It's not a deal breaker.
15 NR. BRIDGES: Do I have any authority without
16 reservations, do I have the authority with regrets or
17 just, Jack, I don't even want you to go there, it's
18 25 flat.
19 I mean, give me --
20 Ms. WILLIAMS: I would like to ask my question
21 that I wanted to ask.
22 Okay. I realize that you said this
23 recommendation is twenty years plus five, then I
24 noticed in the lease agreement it says ten years with
25 two additional five year extensions.
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1 Does that mean that the first ten years -- after
2 the first ten years there would be some type of
3 evaluation --
1 4 rR. BRIDGES: No, that's an old draft.
5 NR. YEHL: That was the original --
6 MR. BRIDGES: That's history, put that --
7 M2. WOODRUFF: So he's already gained some
8 years.
9 MS. WILLIAMS: Okay.
10 MR. BRIDGES: Yeah, that was their
11 recommendation when we went into the negotiations.
12 MR. hOODRUFF: He's gained some years here
13 already.
14 MR. BRIDGES: And ten years is -- is very quick
15 in the word -- the world of golf courses.
�,.. 16 MS. WILLIAMS: Okay.
17 NR. BRIDGES: 5o that was --
18 MR. YEHL: And probably could not get financing
19 with that type of lease.
20 Mt. BRIDGES: Correct. Correct.
21 MS. WILLIAMS: I don't personally have a problem
22 with the additional five years. You know, I would
23 initially try not to, try to negotiate, but if you
24 get an impasse --
25 MR. JONES: Yeah.
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1 MS. WILLIAMS: -- you know, then I don't have a
2 problem with the -- if you're at an impasse --
3 NR. BRIDGES: Well, when I made the mistake of
4 leaving the room one time, Kristi and Ken made me out
5 to be the bad guy, and I wal ked back in and one them
6 was glaring at me.
7 I said, well, considering the big bucks I'm
8 getting paid to be here today --
9 MR. WOODRUFF: You're the highest paid person in
10 the room, aren't you?
11 NR. BRIDGES: Absolutely. ,Absolutely.
12 MS. ROTHBAUM: And we should make a note that in
13 the memorandum of -- agreement between the serrrinole
14 Club and the city, the terms of the -- the
15 terminations are confi dential, which mean the
16 payments that we're making are going to be
17 confi dential.
18 Now, we're seeki ng that confi denti al 1 ty
19 provi sion, because I understand that --
20 THE MAYOR: We're using public funds.
21 MS. ROTHBAUM: Exactly.
22 THE MAYOR: So haw do we use --
23 MS. ROTHBAUM: Right.
24 THE MAYOR: -- that confidentiality.
25 NR. BRIDGES: We ultimately don't.
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1 THE MAYOR: Yeah, I mean, it's got to be
2 disclosed.
3 MS. ROTHBAUVI: Perhaps some of the finer points
4 need not to be disclosed, but I just wanted to let
5 you'all know that.
6 THE MAYOR: Okay.
7 MR. COLBERT: We'll work that in.
8 MR. YEHL: I'm acting like your public, I'm
9 working under that assumption.
10 THE MAYOR: Okay.
11 'R. BRIDGES: Let's leave it at this, I'll stay
12 with the course on the twenty plus the five.
13 THE MAYOR: Right.
14 MR. BRIDGES: if they push, push, push really
15 hard, and after v.orki ng with Bi 11 and Monica and KW,
16 I'll throw out the bone and maybe a year or two, but
17 don't -- but you give me the authority to go up to
18 five if we have to, not that nobody likes it?
19 NR. InOCDRUFF: Yeah.
20 MR. BRIDGES: okay.
21 THE MAYOR: Randy?
22 MR. JONES: Yeah, I'm not --
23 THE MAYOR: Much better off.
24 MR. JONES: I'm looking at it from -- yeah. I
25 mean, I'm looking at it from also a businessman's
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City Commission, Sanford, Florida Sept: 242007
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1 standpoint of, he's laying out this much money, I
2 mean, you're going to want to have some assurance
3 before -- you're going to expect yourself to do a
4 good job and be profitable to begin with.
5 THE MAYOR: Yeah, you're not getting into it to
6 lose it.
7 MR. JONES: You knave, unless you got a whole lot
8 of taxes to try to --
9 THE MAYOR: Right. So we can --
10 MR. JONES: But, you know, you're trying to make
11 a business go, obviously the longer that you can be
12 somewhat guaranteed, the more comfortable you are
13 MR. WOODRUFF: I've got some more --
14 MR. COLBERT: co ahead.
15 Mt. VCCDRUFF: I am uncomfortable not seeing the
16 lease and voting on the lease, and I think you would
17 be too, but I do trust our legal counsel and our
18 other legal counsel.
19 But I do feel the need to ask you directly and
20 hear it from you, that you really believe this guy is
21 going to do a good job and that his investors are --
22 are honest investors with the money to do this and
23 there are no connections back there that are going to
24 come back and haunt us?
25 MR. BRIDGES: Absolutely not will I say that. I
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1 don't know Mr. Phillips fnam Adam's house cat. I've
2 known J. Gordon Blau for 25 years, I have litigated
3 with him and against him. I wouldn't know Leslie
4 Lewis if she came in here and started throwing
5 hundred dollar bills on the table.
6 All I will represent to my fellow commissioners
7 is Mr. Phillips wants it, and he says that he has the
8 money to purchase it.
9 But as far as having any feel, Mr. woodruff, or
10 would I ever put myself in a position of representing
11 to this fine commission to the City, trust me because
12 these are good people and great guys and it's honest
13 money, no, hell, no, I like to say to my Monica.
14 MS. ROTHBAUM: Yeah, he does --
E 15 MR. BRIDGES: No, I won't --
.�„ 16 MR. WOODRUFF: So you have reservations?
17 Mt. BRIDGES: when that lease gets circulated,
18 however you want it circulated, because it's going to
19 be read and reread, et cetera.
20 MR. JONES: Has there ever been a background
21 check done at all on this gentleman?
22 MR. BRIDGES: I have checked on Mr. Phillips in
23 my -- with my golfing connections, you -- golfers
24 have their on grapevine.
25 Have I heard bad things, absolutely not. what
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1 I've heard is nothing, which is a little surprising.
2 It's a little bit surprising.
3 MR. I/'OODRUFF: uh -huh.
4 NR. BRIDGES: I know Mr. Blau professionally, I
5 do not know his ex -wife, this Leslie Lewis, I don't
6 know her. I'm looking at it strictly on the basis of
7 they will perform as promised.
8 But if all of a sudden I got a phone call from
9 Bill Thursday afternoon or Monica and said, by the
10 way something happened, they're not coming up with
11 the million, would I be shocked, no.
12 would I be surprised, yeah, because he
13 represented that he would come up with it, but you
14 know I realize that inflation affects the value of
15 the dollar, but the last time I checked, a million
16 bucks is a million bucks.
17 NR. WOODRUFF: uh -huh.
18 NR. BRIDGES: No, I wouldn't represent anything
19 that will make you say, well, then, Jack -- or
20 Commissioner Bridges, I want to delegate that
21 authority to you, don't delegate it to me.
22 we'll have another meeting and we'll kick the
23 lease around, but the lease is not going to be
24 substantially any different than what Monica's
25 presented today from --
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City Commission, Sanford, Florida Sept. 24, 2007
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1 MR. cOLBERT: No.
2 MR. BRIDGES: -- what Monica is telling me.
3 NS. RO THBAUM : We kept getting e-mail s , and
4 there might be something in an e -mail that's in my
5 in -box right now.
6 So far, with the exception of the amortization
7 issue that came up that is not reflected in the red
8 line, and I just got some -- a couple of e -mails that
9 said, please add a couple of terms to make it clear
10 what we're doing.
11 The fact that he's paying the million dollars,
12 they want it reflected in the document. Those things
13 aren't --
14 THE MAYOR: Not substantial.
15 MIS. ROTHBAUM: They're not substantial. There
16 may be adjustments in reporting, as I indicated
17 earlier. They asked for it monthly and then they had
18 quarterly, we'll give you everything you want
19 quarterly on a monthly basis, which is better for us.
20 So I don't feel there's going to be any
21 substantial negotiating going on here, but there will
22 be additional issues.
23 MR. MJODRUFF: Well, Kristi had indicated to me
24 that we have a resume on this guy that indicated that
25 he knew what he was doing and doing a good job.
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E00514441DW City Commission, Sanford, Florida Sept; 24T-2007
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1 THE MAYOR: I think everyone is --
2 NR. JONES: well --
3 THE MAYOR: -- the table with the city had done
4 some due diligence on them and made sure that we had
5 at least supporting --
6 MR. YEHL: Back to --
7 THE MAYOR: -- just --
8 MR. YEHL: -- information that, you can't --
9 NR. JONES: I might, I kind of -- I would be
10 interested in past business ventures of a similar
11 type nature, and also who potential business partners
12 may have been or may be, you know, the LLCs, who are
13 they.
14 MR. BRIDGES: Like I said, we were led to
15 believe Mr. Blau and Nis. Lewis would be the
16 investors, would be the sole investors, would be the
17 primary investors, I don't knave.
18 Mr. Phillips represented, did you Monica, that
19 he was a former golf pro that he --
20 MS. ROTHBAUJI: Yes.
21 MR. BRIDGES: -- made many years experience in
22 the golf course business, et cetera, et cetera,
23 et cetera.
24 MS . ROTHBAU' I : Yes.
25 MR. YEHL: I think there are going to be a
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City Commission, Sanford, Florida Sept. 24, 2007
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C
1 couple of things that will indicate the depth of his
2 financial commitment and ability.
3 First is -- and one of the reasons I think we
4 should remain firm on maintaining the dates that we
5 originally discussed, fi rst of all, is getting the
6 million dollars to us by Thursday.
7 z think that's one of the first indications, you
8 knave, if they start backing off from that, I think
9 that's a flag that we need to deal with.
10 Secondly, the lease agreement I think requires
11 then to provide certain bonds, performance bonds to
12 us, at least assurance in maintaining the bonds.
13 So that will be sort of a second area that we
14 have some control over and if there's any hesitancy
15 on the part of financial issue, the commission knows
16 that they'll do what -- probably the financial
17 committee does not grant it all.
18 NR. hOODRUFF: All of this stuff has to happen
19 essentially at the same time?
20 THE MAYOR: The Thursday and Friday?
21 NR. tOCDRUFF: The transfer of the money, the
22 signing of the papers, the posting of the bond, does
23 all of that happen at the same time essentially?
24 MS. ROTHBAUM: The posting of the bond, we don't
25 have that in the agreement that that has to occur at
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153A20 Attorney /Client Private Mtg re: Mayfair
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1 that time, but it does state that he is obligated to
2 do so. I can make that more specific.
3 NR. YEHL: well, we would probably allow 30
4 days, for the posting of the --
5 NR. COLBERT: It takes a while to get a bond --
6 THE MAYOR: To get a bond.
7 NR. BRIDGES: The perfect answer for the
8 lawyers, is that money is deposited Thursday, the
9 keys change hands Friday, the golf course is
10 assimilated and the Phillips' crew and the Daniels
11 crew fades into the sunset.
12 THE MAYOR: Fade away.
13 R. cOLBERT: And then if Phillips subsequently
14 defaults in their obligations, such as bonds or other
15 things, we're dealing with them on their default and
16 not the Daniels folks.
17 THE MAYOR: Right.
18 NR. WOODRUFF: And that's where his refund of
19 his million dollars comes in?
20 NR. BRIDGES: well, the suggestion is -- their
21 investment is a million seven twenty -- to take dawn
22 the purchase price, the seven twenty in capital
23 improvements, the suggestion was that some or all --
24 part of that Could be amortized over the term of the
25 lease and should the lease be sooner terror nated, that
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153A21 Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007
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1 they receive some of that capital investment back
2 with interest.
3 Monica's reaction as well as mine --
t 4 MS. ROTHBAUM: uh -huh. The idea was that there
5 was an incentive for the City to terminate the lease
6 once all of these investments were made, and to
7 protect against this event, there would be this
8 clause about paying back.
9 NR. cOLBERT: But the City could only tenrri nate
10 for cause.
11 THE MAYOR: For cause.
12 NR. BRIDGES: For material breach.
13 NR. JONES: Is there any sublease provision in
14 there?
15 NR. BRIDGES: Not without the express written
16 approval of the City Manager and /or his designee.
17 MS. ROTHBAUM: Exactly.
18 NR. JONES: I don't know who is who, I don't
19 know who is connected with who how, anybody past,
20 present, former or future is connected with who, so I
21 don't want to get into a circle.
22 IvR. BRIDGES: well, as I recall there's a
23 specific --
24 THE MAYOR: But for the --
25 NR. BRIDGES: -- against --
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1 THE MAYOR: -- City Manager or for the City
2 commission --
3 NR. hOODRUFF: Yeah, shouldn't that be approved
4 by the comni ssi on?
5 THE MAYOR: I mean, we've always approved --
6 MS. ROTHBAUM: It says the city, approval by the
7 City.
8 THE MAYOR: Okay.
9 NR. COLBERT: with the -- with the consent of
10 the city, when we get down to this item on the
11 agenda, i'll simply ask two motions, and i'll state
12 what they are, one is for Mr. Bridges to continue to
13 work with us, and two, for the Mayor to be able to
14 sign the documents.
15 The questions really need to be asked here and
16 we need to stay here until we've got your questions
17 answered, if not --
18 THE MAYOR: We won't --
19 • COLBERT: -- downstairs under litigation.
20 NR. JONES: Then explain -- when I read the
21 audit, the monthly and the quarterly and the yearly,
22 they would be happy to do the quarterly on a monthly
23 basis. I mean --
24 Ms. ROTHB,AUM: Yes, I can -- let me fi rst
25 address your previous question about the sublease,
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1 and then I'll get back to the reporting.
2 The assignment provision says, the lessee shall
3 not assign this lease agreement, sublease the
4 premises or allow the use of the ro
p pertY by any
5 other party without first obtaining the written
6 consent of the City endorsed on or incorporated in
7 any such assignment, sublease or sub - agreement.
8 They have added, which such consent shall not be
9 unreasonably withheld.
10 MR. JONES: see, I hate that line.
11 MS. ROTHBAU'1: well, you can't -- we can't --
12 MR. JONES: Basically says -- I know, but I
13 don't like it.
14 MR. BRIDGES: -- every lease that I've seen.
15 THE MAYOR: And what's unreasonably withheld, I
16 mean --
17 MR. BRIDGES: To a court interpretation.
18 MR. IMJODRUFF : Right.
19 THE MAYOR: Right, I know.
20 MS. ROTHBAUA: Now, with respect to the
21 reporting, we had a list of items they had to report
22 on a monthly basis, a financial report, a
23 year -to -date report of actual income and expenses.
24 And then under quarterly reports we asked for
25 financial reports, year -to -date reports, statement of
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1 management and operations, status and activities on
2 the annual marketing plan, et cetera.
3 that they did was, they deleted quarterly
4 reports, and so they essentially have seemed to
5 obligate themselves to provide a status and
6 activities report --
7 THE MAYOR: on a monthly basis.
8 MS. ROTHRAUvI: -- an annual marketing plan, et
9 cetera, on a monthly basis. Annual maintenance
10 plan --
11 THE MAYOR: If they're in agreement --
12 MS. R01HBAJM : They want to do that.
13 THE MAYOR: well --
14 NR. WOODRUFF: well, and that's -- see, no --
15 NR. JONES: That's where I was kind of going
16 with it then, because we do quarterly financial and
17 stuff with the City, we get the quarterly from the
18 airport, you know, I mean they are -- I mean, too
19 much -- so much information so fast --
20 NR. wMODRUFF: which --
21 NR. JONES: -- I mean, yam, you -- you've got
22 to get to a point where it just becomes so time
23 consuming --
24 NR. w&ODRUFF: should it then be -- should it be
25 monthly for a while and then convert to quarterly?
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153A25 Attorney /Client Private Mtg re: Mayfair
City Commission, Sanford, Florida Sept. 24, 2007
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1 NR. YEHL: Well, I think I would just assume
2 keep it monthly, only -- I think because it gets then
3 in a routine of doing them.
4 And we do our reports monthly anyhow, we just
5 report to you on a quarterly basis, because it's
6 convenient, we may end up reporting to you on a
7 quarterly basis as it relates to the golf course.
8 THE MAYOR: And on a monthly basis, if there are
9 any red flags, I mean it would be better, rather
10 than -- you know, 30 days rather than 90.
11 NR. JONES: Well, I look at it more on -- on --
12 the golfing terms more seasonal, I mean, June, July,
13 August, at least.
14 NR. BRIDGES: Well, one thing you can get then
15 to do is get then trained --
16 THE MAYOR: Yeah.
17 IVR. BRIDGES: -- on a monthly basis and then
18 there always could be an addendum --
19 THE MAYOR: Right.
20 MR. BRIDGES: -- from monthly to quarterly. I
21 think the request vas be serious, be detailed and
22 upfront.
23 THE MAYOR: Right.
24 MS. ROTHRAUM: Yes, and then audit at any time.
25 THE MAYOR: Right.
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1 MR. COLBERT: Are there any other questions?
2 NR. hCCDRUFF: want to bother Jack again.
3 MR. CJOLBERT: You have another question for him?
4 NR. hCCDRUFF: uh -huh. okay. This idea of
5 delegating the authority to approve the lease, would
6 you do that in my position?
7 MR. BRIDGES: I don't know. But I'm relying on
8 these people. I am underwilling to take the
9 responsibility of coming before the commission, the
10 press and the public and say, this is the authority I
11 was given.
12 one million seven hundred and twenty thousand
13 dollars, seven hundred and twenty in capital
14 improvements, twenty -five year lease with the
15 possibility of the five year extension.
16 That I can tell you, that I can undertake
17 reasonably, all the rest of it, my honest answer is,
18 Art, I don't know, but I'm relying upon Bi 11, 1 N,
19 Monica and him (indicating).
20 Because am I going to sit there -- I scan read
21 that lease, having read a few -- into a few rodeos
22 about leases, am I going to do it with detail as this
23 young lady is doing it, absolutely not.
24 But I can assure you my answer is,
25 unequivocally, I don't know, you know, and that's
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1 just an honest answer, but I'm relying on these
2 people.
3 NR. hOODRUFF: That's sort of what I was
4
A 4 expecting from you.
5 NR. BRIDGES: Okay --
6 NR. JONES: I noticed --
7 NR. BRIDGES: -- equivocator.
8 NR. JONES: I noticed in there also that the
9 golf professional couldn't be absent from the
10 premises for more than three days without his
11 approval --
12 NR. BRIDGES: It's been amended to 30 days.
13 NR. JONES: I was going to say, at that point, I
14 mean, just create FDE, I mean, that kind of
15 oversight.
16 THE MAYOR: Right. uh -huh.
17 MS. ROTHBAUM: And that was the major concern
18 that Mr. Phillips had, and all of the other
19 candidates, that the City was going to micromanage
20 the golf course.
21 Now, with respect to the golf professional being
22 a PGA certified golf professional, they have in their
23 proposed revision stricken that portion of the lease
24 agreement.
25 And during our discussion, it was understood
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City Commission, Sanford, Florida Sept: 2 , 2O07
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1 that Mr. Phillips was going to seek to be
2 recertified.
3 MR. BRIDGES: Reinstated.
4 MS. ROTHBAUM: Reinstated.
5 IVR. VOODRUFF: Now, I thought it was very
6 important that a golf course have a PGA --
7 MR. JONES: Years and years and years, a hundred
8 years over at Rolling Hills, always paid his dues and
9 it was always kind of re -upped every -- whatever the
10 term was to do that.
11 MS. ROTHBAUM: Uh -huh. And that's something we
12 of course can prescribe and ask him to reinstate.
13 They have listed in there the golf professional shall
14 conduct himself in accordance with PGA standards.
15 THE MAYOR: If he's going to do that, then why
16 don't they just --
17 NR. \CODRUFF: Right, how hard is it to become a
18 gold --
19 THE MAYOR: PGA.
20 NR. BRIDGES: You know, I've never been exposed
21 to that part of the golf world, Art, I don't knave if
22 it's a question of filing a petition and an
23 application and --
24 NR. hOODRUFF: Going out and playing a round of
25 golf in --
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1 NR. BRIDGES: Yeah, I know.
2 THE MAYOR: Fundamentals?
3 NR. JONES: It's the teaching -- there's the
A
4 teaching pro aspect of it --
5 THE MAYOR: Yeah.
6 MR. JONES: -- that --
7 MR. BRIDGES: Yeah, you probably know --
8 NR. JONES: It's not the -- it's not the
9 touring, it's not a tour card.
10 NR. BRIDGES: well, I know one of the complaints
11 from a couple of my constituents is that, you
12 couldn't even get a USGA handicap rating at Mayfair,
13 which is --
14 NR. WOODRUFF: Yeah.
15 NR. BRIDGES: -- one of the reasons people just
16 join golf associations, be a municipal or not, so
17 they can get a USGA rating, so that when they go and
18 play in tournament in other states and cities,
19 whatever, what's your handicap.
20 Here it is, certified by the USGA, yeah,
21 couldn't even get it at Mayfair.
22 NR. JONES: Right.
23 NR. BRIDGES: And that comes with being a
24 certified that you call it, I've never tried to
25 investigate, but I'm assuming --
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1 MR. JONES: well, back in the heydays in Rolling
2 Hills, that was a monthly thing, you turned your
3 score cards in, it was computer read, and you could
4 go in every month and find your handicap. Oh, I'm
5 down to a four, that's good, I'm good with that.
6 And so (indicating) it fluctuated, but it was
7 always available.
8 MR. cOLBERT: Do we have all the documents that
9 we passed out from everyone?
10 MR. JONES: I gave you mine.
11 MS. WILLIAMS: Gave you mine.
12 I have a question. what was his reason for
13 objecting?
14 MS. ROTHBAUM: I don't know, ma'am. I received
15 this red line probably ten minutes, twenty minutes
16 before I left to come here.
17 I know at the time, during the mediation, he
18 stated that he was not certified but it might take
19 him some time to get recertified. And in response to
20 the city's recommendation that he be a PGA golf
21 professional, I drafted it into the lease that he had
22 90 days in order to obtain that.
23 Ms. WILLIAMS: okay.
24 THE MAYOR: Okay.
25 MS. ROTHB,ALM: That provision is stricken in the
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1 red line, of course we will --
1
2 MS. WILLIAMS: well --
3 THE MAYOR: we --
4 NR. JONES: Could I --
5 THE MAYOR: Sure.
6 MR. JONES: -- that plays golf as far as the
7 basics and the handicap, all day long, am I certified
8 by anybody, recognized, no. so when I go, hey, I can
9 teach you, they're going to go what's your --
10 MR. BRIDGES: Sure. Once again, I talked to my
11 pro at Heathrow, and I said, David, what -- what
12 would a -- considering Mayfair and the shape it's in
13 right now, I said, that would you have to pay a
14 professional to come in and run the course.
15 He said, I would start him at 40,000, give him
16 some incentives and he said, if he was worth a damn
17 in two years he'd double his own salary in
18 incentives.
19 But it would be a $40,000 expenditure.
20 M2. JONES: And there's all sort of ways to do
21 that, a lot of them get a percentage of the pro -shop
22 sales. They're trying to push -- they've got to push
23 the product.
24 NR . WOODRUFF: Yeah.
25 MR. COLBERT: Are we finished?
f
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1 MR. WOODRUFF: I'm not finished, I'm sorry.
2 You said they're going to shut down the course
3 in the Spring?
4 MR. BRIDGES: The representation to us was to
5 shut the course, and not nine at the time, but the
6 entire course, wasn't it, Monica?
7 ms. ROTHBAUA : uh -huh .
8 MR. BRIDGES: And rebuild the fairways and the
9 greens, and that's where the bulk of that $720,000
10 was going to go.
11 MR. WOODRUFF: Haw long -- was there any
12 indication --
13 MR. BRIDGES: Six months --
14 MS. ROThBAUM: It was five months, I believe.
15 MR. WOODRUFF: Was what?
16 MS. ROTHBAUM : Five months. Howeve r , that's not
17 in the agreement, and we do have something in the --
18 in one of the sections that the course will not be
19 closed without approval by the City.
20 so I left that to be negotiated by the city and
21 I didn't put that explicitly in the agreement. so --
22 MR. YEHL: what's your concern?
23 MR. WOODRUFF: Well, I don't want it to be any
24 longer than necessary, I don't like the idea that
25 they're doing the whole course at one time, I'd
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1 rather it be done over time, but it's probably more
2 efficient to do the whole thing.
3 NR. BRIDGES: Yes.
4 NR. V►OODRUFF: What I was -- actually what I was
5 getting at --
6 'R. BRIDGES: When they say five or six months,
7 expect to be --
8 MR. Va70DRUFF: Right, and that's what bothers
9 me, is that --
10 MS. ROTHBAUM: uh -huh.
11 'R. InOODRUFF: Where I was really going with was
12 though, if he wants more time to get the -- get the
13 certification, then we sort of line it up when the
14 course is going to reopen.
15 MS. ROTHBAUJI: uh -huh.
16 NR. VKODRUFF: You know, for the next five
17 months, does it really make that much difference?
18 NR. JONES: No.
1 9 THE MAYOR: And the same, you've got time to get
20 your certification --
21 NR. V&ODRUFF: Yeah, they want to make --
22 MR. BRIDGES: They want to grab what money they
23 can off the winter golf season.
24 MR. JONES: Right. That's fine.
25 M2. BRIDGES: Because not only being a golfer,
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1 as much -- you know I live across the street, and
2 when the weather cools, the more players you see.
3 NR. lOODRUFF: Oh, yeah.
4 NR. BRIDGES: And they close it dawn in the
5 spring and then rebuild or refurbish.
6 M2. JONES: I saw on there that also sanford
7 residents would have unlimited play except for
8 holidays and weekend.
9 NR. BRIDGES: Frankly, I would object to that,
10 if I were the assignee.
11 NR. JONES: I would have too.
12 NR. BRIDGES: Because I've never belonged to a
13 club they didn't give you, pay one greens fee and
14 play there all day long. some clubs do that as
15 specials as you know.
16 MS. ROTHBAUV1: It is, he excluded golf cart --
17 the golf cart fee.
18 NR. JONES: Okay. That's -- yeah, that was
19 going to be one of my other things was -- I mean,
20 greens fee is one thing.
21 But, you know, when you're going to come and --
22 you rent a cart for nine holes, you get a cart for 18
23 holes, I mean, that's -- it like renting a car,
24 that's your rental agreement, turn it in.
25 MR. BRIDGES: Uh -huh. But we put it in and they
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1 didn't strike it out. But the thing was that we did
2 build in that all residents of the City of Sanford
3 would be able to apply and become members of the club
4 and, you know, get maybe a picture ID, that we just
5 kind of talked about.
6 And it would give them, them being qualified
7 residents of the city, a little bit of a break on the
8 greens fee. if the greens fee was 28, if you gave
9 your card it would be 26 with the picture ID.
10 Something to create a re- familiarization of --
11 NR. WOODRUFF: Sanford golf course --
12 NR. BRIDGES: -- saying this is your course,
13 your city taxes, help maintain this course.
14 MS. ROTHBAUM: uh -huh.
15 NR. t.ODRUFF: I think that's important.
16 NR. BRIDGES: And then there was the
17 other properties found out. I know the Mayor was
18 approached by Mayor Green --
19 THE MAYOR: uh -huh.
20 NR. BRIDGES: -- about, you know, Lake Mary
21 doesn't have a course, and Lake Mary is --
22 THE MAYOR: They would like to partner --
23 NR. BRIDGES: Lake Mary could not afford to
24 build a golf course now --
25 NR. hOODRUFF: Do they have $750,000?
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1 THE MAYOR: well, we haven't gotten there, he
2 just said, well, they would really be very interested
3 in discussing with us some type of partnership and as
4 Tom said, and lake Mary has got the money.
5 R. WOODRUFF: well, I would say 750,000 and
6 they start paying us for the water.
7 NR. COLBERT: we're in session on the
8 litigation.
9 THE MAYOR: I know.
10 NR. C7OLBERT: he cannot begin discussing things
11 that may come before the commission in the future.
12 THE MAYOR: Any other questions?
1 3 NR. tMJCDRUFF: No, I'll just be glad when it's
14 over.
15 THE MAYOR: Okay.
16 IVR. JONES: Now, the unlimited, that's for any
17 Sanford resident regardless of membership, or is that
18 defined as if you are a, quote, member?
1 9 NR. BRIDGES: hasn't contemplated, it's just in
20 the lease, unlimited play.
21 MR. JONES: All right. I'm just thinking of
22 ways to maybe create more --
23 NR. cOLBERT: Except we don't want to
24 renegotiate the lease now.
25 THE MAYOR: No.
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1 NR. JONES: Right. No, I'm just looking --
A A 2 NR. hOODRUFF: I mean, we're already to the --
3 you know, we're already there.
4 IVR. JONES: Those are just some things --
5 NR. hOODRUFF: It's finished by Friday, so.
6 MR. JONES: Yeah, those are just the things that
7 were stricken out, that were just...
8 NR. VOODRUFF: Maybe there's something in there.
9 THE MAYOR: Okay. Are we --
10 MR. COLBERT: okay. We have to --
11 THE MAYOR: I know, close this meeting and
12 reopen the public meeting.
13 NR. COLBERT: I want to make one comment when
14 you all are through, and we can open the door and
15 officially adjourn, in a moment.
16 THE MAYOR: Okay. Do you want to make your
17 comment before --
18 NR. COLBERT: Yeah, before we open the door.
19 THE MAYOR: Okay.
20 MR. COLBERT: I did brag on everybody, I did not
21 brag on Monica, I just wanted to venture, that was
22 not an oversight, I just wanted to do it at the end.
23 she has done a tremendous job. Monica has only
24 been with us since December, but she's not a new
25 attorney. Monica went to Yale, she graduated from
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1 there. she went to Harvard, graduated from there.
2 She went to New York University. She's worked
3 with the Supreme Court Justice David Souter. And
4 then she was with some law firms in Maryland and
5 other areas, much bigger than the stenstrom, McIntosh
6 firm.
7 But she moved to this area, she's hit the ground
8 running. we're proud of her. she has done a good
9 job on this. And I want to acknowledge that here
10 before you and I want you to get to know her better.
11 I think she's going to be with us a long time,
12 she's a great lawyer with a good future and we're
13 proud of her.
14 Ms. WILLIAMS: where are you from?
15 MS. ROTHBAUM: Originally from New York, and
16 then here by way of Maryland.
17 MS. WILLIAMS: Maryland.
18 MS. ROTHBAUVI : We moved down to Florida 1 ast
19 year.
20 THE MAYOR: okay. well, welcome.
21 NR. BRIDGES: Do you still remember the Harvard
22 fight song?
23 THE MAYOR: okay. I'm going to close the
24 meeting.
25 MR. C LBERT: Let's open the door.
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1 THE MAYOR: And we'll reopen the meeting.
2 NR. COLBERT: On the record, I would like to
3 thank the commission for the attorney /client session.
4 Thank you for your input. we will address the couple
5 of issues discussed in our regular session in a few
6 minutes, and then we'll be governed accordingly.
7 THE MAYOR: All right. So then this public
8 meeting is now adjourned.
9 (Thereupon, the proceedings were concluded at 5:59 p.m.)
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1 C E R T I F I C A T E
2
3 STATE OF FLORIDA
COUNTY OF SEMINOLE
4
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6 I, LISA M. TRONBLY, Court Reporter, certify
7 that I was authorized to and did stenographically report
8 the foregoing proceedings; and that the transcript is a
9 true and complete record of my stenographic notes.
10
11 I further certify that I am not a relative,
12 employee, attorney or counsel of any of the parties, nor
13 am I a relative or employee of any of the parties'
14 attorneys or counsel connected with the action, nor am I
15 financially interested in the action.
16
17 Dated this 27th day of September, 2007.
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24 1 1 1 0 11 4 1 0
Lisa M. Trombly, Court Reporter
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