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Executive Session 04-14-20000 1 1 BEFORE THE SANFORD CITY COMMISSION 2 c 4 5 6 In re: Executive Session, Attorney- Client Session, April 14, 2000, 3:00 p.m. 7 8 9 ORIGINAL 10 11 REPORT OF PROCEEDINGS before the Sanford City 12 Commission on Friday, April 14, 2000, in the City 13 Manager's Conference Room, Sanford City Hall, 300 14 North Park Avenue, Sanford, Seminole County, 15 Florida, commencing at 3:00 p. m., pursuant to 16 Notice herein, the Honorable LARRY A. DALE, Mayor, 17 presiding. 18 Commissioners present: VELMA H. WILLIAMS, 19 BRADY LESSARD and HERBERT "WHITEY" ECKSTEIN. 20 Also present: Mr. tony Van Derworp, City 21 Manager. 22 APPEARANCES: 23 WILLIAM L. COLBERT, Esquire, City Attorney. 24 25 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I I• �J • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR 24 25 0 (Thereupon the following proceedings were had in public forum:) MAYOR DALE: All right. Are you ready, Bill? MR. COLBERT: Yes, I'm ready when you are. MAYOR DALE: We'll call the meeting to order. This is a public meeting to discuss the Seminole Volunteer Enterprises and the pending suit against the City concerning that food establishment. All right. Bill, we'll turn it over to you. MR. COLBERT: Okay. Thank you, Mayor. You will recall at your regular Council meeting Monday I requested an attorney- client session. Hopefully it won't take us a long time, but I did want, in light of some recent developments, to have some discussion with you as the City Commission, my Client, and get your input on strategy and cost - containment issues and that type of thing. Mrs. Reischmann was originally scheduled to be with me today. She can't be because she had to go to Oviedo to handle some matters there. But I'm going to go ahead and take care of what we need to do here from our standpoint and then get your input. And then she and I will discuss it. I would C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 expect the meeting to take a half hour or perhaps a little longer. At the conclusion of the meeting we will reconvene publicly to adjourn. But I'm ready to go into session at any time you folks are. MAYOR DALE: Okay. We'll take a second to close the door and go into Executive Session. (Thereafter the following proceedings were had in Executive Session:) MR. COLBERT: This is the third Attorney - Client Session that we've had on the DiSantis Case. And I always take a moment, particularly for purposes of the record, to remind you that this is a special provision of the Florida Statutes that we're operating under. Everything that is said in this room will be released at the conclusion of the litigation. So treat this just as you would any other regular discussion of City business; because it will be public record at the conclusion of the litigation. Having said that, I just want to kind of bring you -all up -to -date and give you a couple of thoughts of mine. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 �J • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 And then get some input if I can on where you would like for us to go from this point. As I said, we've had a couple of Attorney - Client Sessions. At the last Session it was my understanding that there was a consensus of the Commission to see about trying to get a mediated settlement. And subsequent to that meeting I had some discussions with Mr. Jones, Mike Jones. And I ... persuaded, I guess is the way I want to say it ... them that mediation would be appropriate in this case. They were not inclined to mediate initially; but I felt that it was appropriate and would be cost - effective at least potentially so. Seminole Volunteer Enterprises had agreed, I think, before we met at the last time, that if there was a mediation that they would participate in it. And that mediation occurred a little over a week ago now. The Mayor was present. The City Manager was present. Mrs. Reischmann was present. I was not present, because that was the day of my uncle's funeral; and I was involved in handling matters. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I• �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 But it is my understanding that as a result of that mediation that there was a potential settlement that the DiSantis Group and the Seminole Volunteer Enterprises group were willing to enter into, subject to City Commission approval. At the last Commission Meeting the Commission had the Agreement in front of them; and a motion was made but not seconded. So the City did not take action on that. From a legal standpoint it's my position that the City did not approve; nor did it disapprove that potential mediated settlement. It simply at that point, for lack of a second, did not take action. I would like to recommend to you that this be placed on the agenda for the next City Commission Meeting for action to be taken. Now, that action could be approval; it could be disapproval if the Commission were so inclined. But I think there needs to be action taken for several reasons. And those reasons are, one, right now the City is in a little bit of a delicate situation by not taking action on that matter. We're in a delicate situation with the Court, C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 w 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rol in that we were ordered to mediate and mediate in good faith. And I think the Court would expect us to take action and not to simply not take action, based upon the Order to Mediate. The second thing is, from a legal standpoint, there is an Agreement that both parties at least at that point in time were willing to abide by. And there are citizens of the City, whether it's on the DiSantis side or on Seminole Volunteer Enterprises' side, they are all citizens of the City. I think it is appropriate that a decision be made from that standpoint, at least to try to bring some closure to it. The Attorneys for Seminole Volunteer Enterprises had said that they are moving to intervene in the case. That is appropriate, in that we've wanted them in the case all along. I think there is a hearing set for April 20th on their Motion to Intervene and actually enter the case. They have been on the sidelines until now. But as of April 20th, assuming that Motion is granted, C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 r -1 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 and I expect that it will be, they are going to be in the case. So that gets them subject to the jurisdiction of the Court, even beyond potential mediation. And it gets them subject to whatever orders the Court may enter later as we go down that road. There was a Temporary Injunction Hearing on the eleventh. I think that was Tuesday. And the Court, on the thirteenth, which I believe was yesterday, issued an Order. The effect of that Order is that the City is enjoined right now from taking any action to modify the Development Order for ninety days. So, Judge Freeman entered an Order that he intends to preserve the status -quo. And that we can't amend the Development Order or make changes for the next ninety days. MAYOR DALE: Well, that means we couldn't accept the mediated Agreement, then. MR. COLBERT: I think we could accept if the condition -- MAYOR DALE: Because that does modify the Development Order. MR. COLBERT: I understand what you're saying. I think if the Commission chose to accept the C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 mediated settlement, the way it would have to be done would be to accept the mediated settlement subject to the Court's approval. That would be the motion, because now the Injunction has been entered. If the Settlement Agreement is not accepted we're going to be in protracted litigation for more than a year. The expenses are going to mount. And I believe that there is the potential before we finish this that both sides are going to be taking shots at the City. And that I would not be surprised if farther down the road they're going to take the position we could have mediated and settled this- - MAYOR DALE: Well, why didn't they get up and say that the other night? They sat there like bumps on a log. MR. COLBERT: I understand. And, you know, I'm not taking issue with anything. I'm just advising my Clients right now. That's all I'm doing. I think that it is likely that both sides are going to view the City as an adversary if the litigation gets protracted and both will potentially C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 K-1 KI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Z take the position that it could have been settled but for the City's lack of agreement; and attempt to later charge the City with bad faith for not settling it, which is why I want the Commission to take action Yes or No. And also, potentially ask for court costs and attorney's fees down the road. Now, I'm not sure they'll get that. I'm not suggesting that they will, but I think they're going to both be adversaries to the City as we go down the road. So, to really summarize where I am, I wanted to advise you of what has happened since we last had an Attorney - Client Session. I wanted to give you the reasons why I feel that we should take action one way or another on that Settlement Agreement at the next meeting. And I want to advise you of what I see as some of the issues and the length of the litigation if it is not settled. And having said all of those things, I'd like to hear from you -all to see if there is a consensus or if you have any questions about what I've said. MAYOR DALE: Well, like I say, they had every opportunity to speak. I looked at them three times C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 and I asked them if they wished to address the commission on it. And they sat right there and didn't say a damned thing. MR. COLBERT: I know. MAYOR DALE: All they had to do was to come up there and say, "Yes, we would like you to pass this Agreement." MR. COLBERT: And I don't know why they didn't. MAYOR DALE: And I, I, number one, I don't like Howard Marks. I didn't like him when he was involved with the ACLU in that suit and things out at the college. He tried to get victory out of compromise. He got himself in trouble on this one; he called immediately after the mediation and said, "We won." Told the press that. And stirred up everything to the point that- - and me telling Katie to call him and say, "If you do this, you're going to jeopardize the mediation." And they opened anyway. MR. COLBERT: And I think-- - MAYOR DALE: And I've been- - MR. COLBERT: And I think there has been some discussion between our office and theirs, also. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 MAYOR DALE: Well, and there was, yes. And then Jean wrote me a letter saying, you know, she would like to open. And I said, "I don't have - -" and she wrote it to me as Mayor, and I said, "I don't have that authority, you know, it has to come from the Commission." "And I would advise you, you know- - MR. COLBERT: Right. MAYOR DALE: "- -not to, because it could jeopardize the mediation." Now, those Plaintiffs knew that. And then they were quoted in the paper as, you know, being upset with everybody, bad faith, they didn't do this, and then they didn't come and open their mouths. They did not open their mouths at the meeting. Okay? MR. COLBERT: I understand. MAYOR DALE: For those reasons, I wasn't going to second the motion. Number one, I've been the brunt of Jean Metts and Katrina Kaye and all of that ugliness, you know, for simply stating my beliefs about the poor planning. And, number two, I don't like Howard Marks in C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 U F_ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 any way. And I obviously was not going to second the motion. However, had the motion been seconded it may have been a completely different outcome. But, you know, I think it is ... I think it is ... for Joe DiSantis to get in the paper and say the things he has done now about this things should have been settled, What was the City thinking? And what was he thinking? Where were you? Joe, you were sitting right there. You know, when you were given the opportunity to speak, why didn't you come down and say Look, we would like for you to pass this? Rather than leave it on the onus of somebody else who doesn't have a clue as to what they really want, after what Howard Marks tried to do by claiming victory out of you -all's compromising. And that is exactly what he tried to do. It is what he always tries to do. And, quite frankly, I think he did a big disservice to his Client. I guess when you get something for nothing that's what you get, is nothing. So -- MR. COLBERT: Well, there has been a lot of rhetoric by a lot of different people on different C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 .7 C7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 sides of this. And, unfortunately, that does occur. And I understand what you're saying about it. I don't disagree with what you're saying. MAYOR DALE: Well, those are the reasons, I mean I'm talking to my fellow- Commissioners here. I did not second it for those reasons. Number one, I don't like Howard Marks. Number two, I didn't like what he did. And number three, the Plaintiffs, who were the, really, the mediators, didn't come forward and say boo, Yea, No, kiss my foot, nothing. MR. COLBERT: Understood. COMMISSIONER LESSARD: Well, if this is confession time of why we didn't step into it or vote for it: I wouldn't have voted for it. And I still, I can't vote for it. And, Bill, I don't, you know... and --- and people, the DiSantis' of the world are mad at me. And I'm sure that the folks on the other side are. I can't vote for the thing, because it doesn't reconcile the problem of the LDR. I'm not representing the Plaintiffs in this and I'm not being the adversary. I am an adversary of the departure from the C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 LDR. If we're keeping costs down ... and I agree that we should, but I just, I think if we sanction it or - -This is why I'm voting against it. And if it comes back up and it passes, hopefully we never hear another thing about it. But I think that if I vote for it and sanction it, then we are opened up to some future litigation. So I, I can't vote for it. MR. COLBERT: I understand and respect what you're saying. And I'm not here trying to force the Commission to take a particular action. I do feel that there are some legal issues and some problems. I just want you -all to be fully apprised and apprised of what the consequences of different actions could be and form a consensus if you can. And take a vote at the next meeting, and then we'll all be bound by it. MAYOR DALE: Well, I think you're right. We need to take action on it. It is a - -And I certainly agree with Brady. I voted against it for the same thing. But, Brady, I think we've learned a big lesson from it. And I've listened to the Commission, you know, as we talked about other issues. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 I 9 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 And I think we learned a lesson from it. And I think, quite frankly, it's time to put this behind us and move on. COMMISSIONER LESSARD: Well, I don't- - MAYOR DALE: Because I think we learned that lesson. I think that we are going to act differently from a planning perspective, now, from now on. Not that we won't have different views from an emotional standpoint on how people should be helped and this and that and the other. COMMISSIONER WILLIAMS: Yes. MAYOR DALE: But my whole thing wasn't based on whether this was helpful to the people. I think it is. My whole thing was based on, and Brady's was, from a planning perspective and violating our own regulations. MR. COLBERT: Yes. MAYOR DALE: So, you know ... and knowing when Mac comes back—and I think he will, we'll put this to bed even if he's on his death bed. I think there is a consensus. COMMISSIONER WILLIAMS: Well, I would just like to say that -- C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 t. • L-1 1 2 3 4 5 6 7 8 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 MAYOR DALE: Yes. COMMISSIONER WILLIAMS: I am anticipating, since I've heard officially that we can - -I assume that you - - -I assume that we can bring it back up. That is an interesting thing ... to bring it back up for reconsideration. I don't know why there are some who think that I have an ownership to second the motion. MAYOR DALE: Or amend. COMMISSIONER WILLIAMS: Then I should have seconded the motion. However, I wanted to explain to you why I didn't. Whether you think it was logical or not or a good reason but I don't know why, but I just assumed - -and they say you don't assume, because you know what happens, but I assumed that there was a consensus, okay? after the mediation. And I didn't think that there would be any reservation by anybody about seconding it. And so when the motion was made I reached for the Mayor's gavel ... but I'm serious... There is no way in the world if I had thought that you wouldn't have seconded it or anybody wouldn't have seconded, I would have reached for the gavel - -I wouldn't have done that, you know. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 I was serious when I reached for his gavel, but I'm assuming that, Hey, no problem with a seconding. Number one, he didn't even look at me. Then I became more nervous. And I said Oh, gee, if I second this motion here and then I didn't hear Brady say anything. At that time I had not read where Brady had said anything about he wasn't going to support it. The only thing that came to my mind at that split second was that If I second this motion there would be a tie vote. And if there is a tie vote, you know, nothing happens. And so I began to think about Mac ... I said Maybe if I don't second it and nothing happens, I have the opportunity to bring it back up after a conference call. Those are the things that went through my mind, you know. And I didn't even know that there was a co -- appearing the next - -maybe I should have known, you know, maybe I didn't read the correspondence back and forth. But that was my reason. MAYOR DALE: For future reference, Mayor's Rule of Order, if it is a tie vote or even if there is a vote in the positive, those that voted for the C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 L J r� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 motion, in the affirmative, can bring it up either at that meeting or at the next meeting. COMMISSIONER WILLIAMS: If there is a majority. MAYOR DALE: To reconsider. No, it doesn't have to be a majority. COMMISSIONER WILLIAMS: Because, see, that is what I was ... I always thought that- - MAYOR DALE: Well, if you voted in the affirmative and it failed for lack of a majority, you could have brought it back up either at that same meeting or at the next meeting. COMMISSIONER WILLIAMS: Well, I thought it had to do with the majority. MAYOR DALE: Well, this is for future reference. COMMISSIONER WILLIAMS: Or that type of thing, so I-- MAYOR DALE: For future reference, if you vote in the affirmative, okay? you can bring it- -and it is either a tie or it won, you can bring it back up either at that meeting or the next meeting. Now, if you voted against it, you can't. COMMISSIONER WILLIAMS: I knew about that, but I thought it was a majority. I thought that it - -And I felt that really it was just like a tie, it is a C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 vote - -a tie is like -- - it's a vote but it really doesn't accomplish anything. MAYOR DALE: If you voted in the minority you can't bring it back up. COMMISSIONER WILLIAMS: I know if you voted with the majority you can. MAYOR DALE: If you voted in the majority you can bring it back up. COMMISSIONER WILLIAMS: I know about the majority and the minority and so forth. MAYOR DALE: And if it's a tie you can bring it up. COMMISSIONER WILLIAMS: Now, that's where I had, I was in a quandary about the tie. And I felt that if nothing- - MAYOR DALE: In fact, I would suppose anybody could bring it up if there was a tie, because there was no action taken. MR. COLBERT: I haven't researched that. I think that is a probability. COMMISSIONER WILLIAMS: I just didn't know. MAYOR DALE: I would have allowed it to have been brought up again. COMMISSIONER WILLIAMS: Well, I didn't know, and that was my position on it. And I said, I was C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 sitting there thinking, Well, we can have a conference call. MAYOR DALE: And since there was no second on it, it could have been brought up again. Anybody could have brought it up and said Well, let's try this motion. COMMISSIONER WILLIAMS: Well, that is why, that was my rationale for not seconding it. MR. COLBERT: And I understand. COMMISSIONER LESSARD: And here is a question: On this - -And I thought Jean could go get a vote from Mac. That is -- MAYOR DALE: No, he has to be present to vote. COMMISSIONER WILLIAMS: A conference call, right? MR. COLBERT: No. MAYOR DALE: You can't vote by phone and you can't vote by proxy. COMMISSIONER WILLIAMS: I know you couldn't vote by proxy, but- - MAYOR DALE: You have to be personally present. COMMISSIONER WILLIAMS: Okay. MAYOR DALE: So, you know, I believe ... my feeling, to the contrary of what we did .... because I think what we did was wrong. And I voted against it C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 r -I L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 for that reason. But for the sake of putting it back - -After reading the comments in the papers from DiSantis and others, I could kick their behinds for not coming up there and saying something the night of the meeting, instead of just sitting there like bumps on a log. MR. COLBERT: Yes. MAYOR DALE: I really didn't participate in the mediation. We all broke up, you know, basically what we did in mediation, Bill- - MR. COLBERT: They divide you up. MAYOR DALE: Well, he sat right there and explained what he was going to do, and got the lawyers, by the way, to sign a confidentiality thing. He didn't have everybody else sign it. He said he usually does, but there was too many, that he was just going to have the lawyers do it. So they all signed the confidentiality statement, even though Marks called the press immediately thereafter. They all signed the confidentiality statement, and then he put us in the conference room. Tony and I went in one room and twiddled our thumbs, read the paper, made telephone calls, went C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 out and smoked a cigar, you know, several other things. And talked with Katie a little bit. And finally Harvey came in and talked to us some. And, you know ... and then the rest of the time they - -I really didn't know what was happening in there. I went to lunch. And then had a lunch, and came back and they had decided maybe they were going to settle it, and -- MR. VAN DERWORP: That isn't unusual, because it was a settlement agreement that was really reached between a party that wasn't a party- - MR. COLBERT: A non - party, right. MR. VAN DERWORP: - -a non -party at that time. MAYOR DALE: And it really wasn't reached with us, as the- - MR. VAN DERWORP: But normally it would have been. MAYOR DALE: -- Defendants. It was a strange deal. So they spent more time talking with the Seminole Volunteer Enterprises folks and the Plaintiffs than they did with us. And I didn't know until they came back about C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 2:30, I guess, when I got back from lunch and sat around some more ... that they had reached an agreement, they typed it up, you know. I supposed it would be subject to Commission approval instead of putting it in there that way. Tony signed it subject to Commission approval. I said Fine, you know. I was surprised that they had reached it, that is, the stuff that they were talking about before. COMMISSIONER WILLIAMS: Excuse me a minute. Tony, you weren't in there while they were mediating those issues? or you weren't supposed to be in there ?? MAYOR DALE: No. Well, they were caucusing. COMMISSIONER WILLIAMS: Oh, okay. MR. COLBERT: Well, the way the mediation goes most of the time - -it is unusual to have three different parties, but there were three here. COMMISSIONER WILLIAMS: Oh, okay. MR. COLBERT: And the way mediators normally do it, they get everyone together and kind of explain the ground rules. And you get all the parties ... if there are three parties, they go to three different rooms. And the mediator goes into the rooms and then C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 .7 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 tries to resolve the issues in conflict. The thinking of that is, if you remove the parties to kind of a neutral territory the mediator can have discussions and bring about compromise. But if all of the parties are across from each other, tempers flare and issues escalate more than get resolved. And so that is the way mediation is normally done in Florida. This is not unusual mediation except that there were three parties, which made it a little bit unique. And I say three parties; one really wasn't a party, but three came to mediation. MAYOR DALE: Well, if there is a consensus here, and I believe there, maybe there is a consensus for you to contact the parties and say Okay ... I mean if you're willing to do that. MR. COLBERT: Well, there is no problem with us, our office contacting theirs and telling them that we're going to have it on the agenda and there appears to be a consensus to resolve it, I don't have a problem with that. There has been some rhetoric by at least one side that they're not sure that they're willing to do it now. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 MAYOR DALE: Well, and then they kept saying in the paper, Well, I'm amazed, I thought we had this settled— MR. COLBERT: But my point is this, from the City's standpoint: That the mediation agreement simply said that it was subject to the approval of the City Commission. MAYOR DALE: It didn't say when. MR. COLBERT: It did not say Subject to the approval of the City Commission at the next meeting; and if the Commission failed to take action this is null and void and of no further force or effect. So that's why I want a decision made on that. MAYOR DALE: Well, I wasn't even contacted, you know, I just let it come up again. MR. COLBERT: And if the decision is made that the City approves that; and if for some reason one of the sides wants to back away from it, at least I'm more comfortable that we have covered the City's bases. And— MAYOR DALE: Well, I'll agendize this for the next meeting and we'll take action on it. MR. COLBERT: If you'd like I'll send you a letter asking that it be agendized or you can simply do it, whichever you're comfortable with. It makes C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 � 0 • [7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 no difference to me. But I do want it on the agenda. MAYOR DALE: Well, then, I'll just put it on there, then. MR. COLBERT: Okay. MAYOR DALE: Unless you want to send a letter. It doesn't matter. It's not necessary. MR. COLBERT: Well, I'd be glad to do it for you if you would like me to. MAYOR DALE: No, I'll just put it on the agenda. MR. COLBERT: Okay. The reason for it being on there is that no action taken at the last meeting. You don't have to state a reason, but if somebody asks you, that's the reason. MAYOR DALE: Right. Well, Velma would have brought it up again anyway. She's done it before. MR. COLBERT: I guess what I'm saying is I would like to see it as an agenda item. Because sometimes people complain that it wasn't on the agenda. It really doesn't have to be, but if it's on there then somebody can't say Well, I didn't know it was up for discussion. MAYOR DALE: We'll put it on there. Tony has C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • • 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 already got it no MR. COLBERT: have something to COMMISSIONER MAYOR DALE: COMMISSIONER ted over there. Commissioner Eckstein, did you say? ECKSTEIN: No. All right. LESSARD: Do you want me to aet 27 the door? MAYOR DALE: We'll adjourn the Executive Session and, Bill will close the meeting with opened doors. (Thereafter the following proceedings were had in public forum:) MAYOR DALE: Okay. Having had the Executive Session, we'll open it back up for public meeting. And if there are no other comments, and I don't see anybody here that have any questions, Mr. Colbert? MR. COLBERT: Mayor, I would just like to in the public portion of the meeting thank the Commission for coming together. I appreciate the Commission's input. I know what we need to do at this point. It is now about 3:30. I predicted this might be a thirty- minute meeting, and I want the record to reflect that I was correct. So I thank you very much. And that's all I have. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR DALE: Okay. Thank you very kindly. (Thereupon the meeting was concluded.) CERTIFICATE OF NOTARY /CSR STATE OF FLORIDA ) SS. COUNTY OF SEMINOLE 28 I, C. B. Ellerbe, CP, CSR and Notary Public, State of Florida at Large, do hereby certify that I was authorized to and did report the proceedings in the foregoing cause, Pages 1 through 28. I further certify that said transcription is a true and correct record of my stenographic report of said cause. IN WITNESS WHEREOF I have hereunto affixed my hand and official seals this the 24th day of April, A. D., 2000. Gj- (SEALS) C. B. ELLERBE, CP, CSR CURTIS B. ELLERHE •* Com2n'"'On ;' CC 396353 % Zgdm SCP 22, 200`1 aftdrd um 0607 hm Co. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 certified sh-x-� i«ra j reporter, State, of Fla, P.O' at Lame.