041400 executive session 1
• 1 BEFORE THE SANFORD CITY COMMISSION
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6 In re: Executive Session, Attorney- Client
Session, April 14, 2000, 3:00 p.m.
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9 ORIGINAL
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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.
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Sanford, FL 32772 -1422
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1 (Thereupon the following proceedings were had
2 in public forum:)
3 MAYOR DALE: All right. Are you ready, Bill?
4 MR. COLBERT: Yes, I'm ready when you are.
5 MAYOR DALE: We'll call the meeting to order.
6 This is a public meeting to discuss the
7 Seminole Volunteer Enterprises and the pending suit
8 against the City concerning that food establishment.
9 All right. Bill, we'll turn it over to you.
10 MR. COLBERT: Okay. Thank you, Mayor. You
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will recall at your regular Council meeting Monday I
12 requested an attorney- client session.
• 13 Hopefully it won't take us a long time, but I
14 did want, in light of some recent developments, to
15 have some discussion with you as the City
16 Commission, my Client, and get your input on
17 strategy and cost - containment issues and that type
18 of thing.
19 Mrs. Reischmann was originally scheduled to be
20 with me today. She can't be because she had to go
21 to Oviedo to handle some matters there.
22 But I'm going to go ahead and take care of what
23 we need to do here from our standpoint and then get
24 your input.
25 And then she and I will discuss it. I would
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expect the meeting to take a half hour or perhaps a
2 little longer.
3 At the conclusion of the meeting we will
4 reconvene publicly to adjourn.
5 But I'm ready to go into session at any time
6 you folks are.
7 MAYOR DALE: Okay. We'll take a second to
8 close the door and go into Executive Session.
9 (Thereafter the following proceedings were had
10 in Executive Session:)
11 MR. COLBERT: This is the third Attorney- Client
12 Session that we've had on the DiSantis Case.
• 13 And I always take a moment, particularly for
14 purposes of the record, to remind you that this is a
15 special provision of the Florida Statutes that we're
16 operating under.
17 Everything that is said in this room will be
18 released at the conclusion of the litigation.
19 So treat this just as you would any other
20 regular discussion of City business; because it
21 will be public record at the conclusion of the
22 litigation.
23 Having said that, I just want to kind of bring
24 you -all up -to -date and give you a couple of thoughts
25 of mine.
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1 And then get some input if I can on where you
2 would like for us to go from this point.
3 As I said, we've had a couple of Attorney -
4 Client Sessions.
5 At the last Session it was my understanding
6 that there was a consensus of the Commission to see
7 about trying to get a mediated settlement.
8 And subsequent to that meeting I had some
9 discussions with Mr. Jones, Mike Jones.
10 And I...persuaded, I guess is the way I want to
11 say it...them that mediation would be appropriate in
12 this case.
III 13 They were not inclined to mediate initially;
14 but I felt that it was appropriate and would be
15 cost - effective at least potentially so.
16 Seminole Volunteer Enterprises had agreed, I
17 think, before we met at the last time, that if there
18 was a mediation that they would participate in it.
19 And that mediation occurred a little over a
20 week ago now.
21 The Mayor was present. The City Manager was
22 present. Mrs. Reischmann was present.
23 I was not present, because that was the day of
24 my uncle's funeral; and I was involved in handling
25 matters.
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1 But it is my understanding that as a result of
2 that mediation that there was a potential settlement
3 that the DiSantis Group and the Seminole Volunteer
4 Enterprises group were willing to enter into,
5 subject to City Commission approval.
6 At the last Commission Meeting the Commission
7 had the Agreement in front of them; and a motion
8 was made but not seconded.
9 So the City did not take action on that. From
10 a legal standpoint it's my position that the City
11 did not approve; nor did it disapprove that
12 potential mediated settlement.
13 It simply at that point, for lack of a second,
14 did not take action.
15 I would like to recommend to you that this be
16 placed on the agenda for the next City Commission
17 Meeting for action to be taken.
18 Now, that action could be approval; it could be
19 disapproval if the Commission were so inclined.
20 But I think there needs to be action taken for
21 several reasons.
22 And those reasons are, one, right now the City
23 is in a little bit of a delicate situation by not
24 taking action on that matter.
25 We're in a delicate situation with the Court,
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1 in that we were ordered to mediate and mediate in
2 good faith.
3 And I think the Court would expect us to take
4 action and not to simply not take action, based upon
5 the Order to Mediate.
6 The second thing is, from a legal standpoint,
7 there is an Agreement that both parties at least at
8 that point in time were willing to abide by.
9 And there are citizens of the City, whether
10 it's on the DiSantis side or on Seminole Volunteer
11 Enterprises' side, they are all citizens of the
12 City.
13 I think it is appropriate that a decision be
14 made from that standpoint, at least to try to bring
15 some closure to it.
16 The Attorneys for Seminole Volunteer
17 Enterprises had said that they are moving to
18 intervene in the case.
19 That is appropriate, in that we've wanted them
20 in the case all along.
21 I think there is a hearing set for April 20th
22 on their Motion to Intervene and actually enter the
23 case.
24 They have been on the sidelines until now. But
25 as of April 20th, assuming that Motion is granted,
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1 and I expect that it will be, they are going to be
2 in the case.
3 So that gets them subject to the jurisdiction
4 of the Court, even beyond potential mediation.
5 And it gets them subject to whatever orders the
6 Court may enter later as we go down that road.
7 There was a Temporary Injunction Hearing on the
8 eleventh. I think that was Tuesday.
9 And the Court, on the thirteenth, which I
10 believe was yesterday, issued an Order. The effect
11 of that Order is that the City is enjoined right now
12 from taking any action to modify the Development
• 13 Order for ninety days.
14 So, Judge Freeman entered an Order that he
15 intends to preserve the status -quo. And that we
16 can't amend the Development Order or make changes
17 for the next ninety days.
18 MAYOR DALE: Well, that means we couldn't
19 accept the mediated Agreement, then.
20 MR. COLBERT: I think we could accept if the
21 condition- -
22 MAYOR DALE: Because that does modify the
23 Development Order.
24 MR. COLBERT: I understand what you're saying.
25 I think if the Commission chose to accept the
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0 1 mediated settlement, the way it would have to be
2 done would be to accept the mediated settlement
3 subject to the Court's approval.
4 That would be the motion, because now the
5 Injunction has been entered.
6 If the Settlement Agreement is not accepted
7 we're going to be in protracted litigation for more
8 than a year.
9 The expenses are going to mount. And I
10 believe that there is the potential before we finish
11 this that both sides are going to be taking shots at
12 the City.
• 13 And that I would not be surprised if farther
14 down the road they're going to take the position we
15 could have mediated and settled this- -
16 MAYOR DALE: Well, why didn't they get up and
17 say that the other night? They sat there like
18 bumps on a log.
19 MR. COLBERT: I understand. And, you know,
20 I'm not taking issue with anything.
21 I'm just advising my Clients right now.
22 That's all I'm doing.
23 I think that it is likely that both sides are
24 going to view the City as an adversary if the
25 litigation gets protracted and both will potentially
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• 1 take the position that it could have been settled 9
2 but for the City's lack of agreement; and attempt
3 to later charge the City with bad faith for not
4 settling it, which is why I want the Commission to
5 take action Yes or No.
6 And also, potentially ask for court costs and
7 attorney's fees down the road.
8 Now, I'm not sure they'll get that. I'm not
9 suggesting that they will, but I think they're going
10 to both be adversaries to the City as we go down the
11 road.
12 So, to really summarize where I am, I wanted to
0 13 advise you of what has happened since we last had an
14 Attorney - Client Session.
15 I wanted to give you the reasons why I feel
16 that we should take action one way or another on
17 that Settlement Agreement at the next meeting.
18 And I want to advise you of what I see as some
19 of the issues and the length of the litigation if it
20 is not settled.
21 And having said all of those things, I'd like
22 to hear from you -all to see if there is a consensus
23 or if you have any questions about what I've said.
24 MAYOR DALE: Well, like I say, they had every
25 opportunity to speak. I looked at them three times
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1 and I asked them if they wished to address the 10
2 commission on it.
3 And they sat right there and didn't say a
4 damned thing.
5 MR. COLBERT: I know.
6 MAYOR DALE: All they had to do was to come up
7 there and say, "Yes, we would like you to pass this
8 Agreement."
9 MR. COLBERT: And I don't know why they didn't.
10 MAYOR DALE: And I, I, number one, I don't like
11 Howard Marks. I didn't like him when he was
12 involved with the ACLU in that suit and things out
• 13 at the college.
14 He tried to get victory out of compromise. He
15 got himself in trouble on this one; he called
16 immediately after the mediation and said, "We won."
17 Told the press that.
18 And stirred up everything to the point that- -
19 and me telling Katie to call him and say, "If you
20 do this, you're going to jeopardize the mediation."
21 And they opened anyway.
22 MR. COLBERT: And I think-- -
23 MAYOR DALE: And I've been- -
24 MR. COLBERT: And I think there has been some
25 discussion between our office and theirs, also.
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1 MAYOR DALE: Well, and there was, yes. And
2 then Jean wrote me a letter saying, you know, she
3 would like to open.
4 And I said, "I don't have - -" and she wrote it
5 to me as Mayor, and I said, "I don't have that
6 authority, you know, it has to come from the
7 Commission."
8 "And I would advise you, you know- -
9 MR. COLBERT: Right.
10 MAYOR DALE: "- -not to, because it could
11 jeopardize the mediation."
12 Now, those Plaintiffs knew that. And then
III 13 they were quoted in the paper as, you know, being
14 upset with everybody, bad faith, they didn't do
15 this, and then they didn't come and open their
16 mouths.
17 They did not open their mouths at the meeting.
18 Okay?
19 MR. COLBERT: I understand.
20 MAYOR DALE: For those reasons, I wasn't going
21 to second the motion. Number one, I've been the
22 brunt of Jean Metts and Katrina Kaye and all of that
23 ugliness, you know, for simply stating my beliefs
24 about the poor planning.
25 And, number two, I don't like Howard Marks in
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1 any way. And I obviously was not going to second
2 the motion.
3 However, had the motion been seconded it may
4 have been a completely different outcome. But, you
5 know, I think it is...I think it is...for Joe
6 DiSantis to get in the paper and say the things he
7 has done now about this things should have been
8 settled, What was the City thinking?
9 And what was he thinking? Where were you?
10 Joe, you were sitting right there. You know, when
11 you were given the opportunity to speak, why didn't
12 you come down and say Look, we would like for you to
• 13 pass this?
14 Rather than leave it on the onus of somebody
15 else who doesn't have a clue as to what they really
16 want, after what Howard Marks tried to do by
17 claiming victory out of you -all's compromising.
18 And that is exactly what he tried to do. It is
19 what he always tries to do.
20 And, quite frankly, I think he did a big
21 disservice to his Client. I guess when you get
22 something for nothing that's what you get, is
23 nothing. So --
24 MR. COLBERT: Well, there has been a lot of
25 rhetoric by a lot of different people on different
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1 sides of this. And, unfortunately, that does
2 occur.
3 And I understand what you're saying about it.
4 I don't disagree with what you're saying.
5 MAYOR DALE: Well, those are the reasons, I
6 mean I'm talking to my fellow - Commissioners here. I
7 did not second it for those reasons.
8 Number one, I don't like Howard Marks. Number
9 two, I didn't like what he did. And number three,
10 the Plaintiffs, who were the, really, the mediators,
11 didn't come forward and say boo, Yea, No, kiss my
12 foot, nothing.
• 13 MR. COLBERT: Understood.
14 COMMISSIONER LESSARD: Well, if this is
15 confession time of why we didn't step into it or
16 vote for it: I wouldn't have voted for it.
17 And I still, I can't vote for it. And, Bill, I
18 don't, you know...and - - -and people, the DiSantis' of
19 the world are mad at me.
20 And I'm sure that the folks on the other side
21 are. I can't vote for the thing, because it doesn't
22 reconcile the problem of the LDR.
23 I'm not representing the Plaintiffs in this and
24 I'm not being the adversary.
25 I am an adversary of the departure from the
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• 1 LDR. If we're keeping costs down...and I agree 14
2 that we should, but I just, I think if we sanction
3 it or - -This is why I'm voting against it.
4 And if it comes back up and it passes,
5 hopefully we never hear another thing about it.
6 But I think that if I vote for it and sanction
7 it, then we are opened up to some future litigation.
8 So I, I can't vote for it.
9 MR. COLBERT: I understand and respect what
10 you're saying. And I'm not here trying to force the
11 Commission to take a particular action.
12 I do feel that there are some legal issues and
• 13 some problems.
14 I just want you -all to be fully apprised and
15 apprised of what the consequences of different
16 actions could be and form a consensus if you can.
17 And take a vote at the next meeting, and then
18 we'll all be bound by it.
19 MAYOR DALE: Well, I think you're right. We
20 need to take action on it. It is a - -And I certainly
21 agree with Brady.
22 I voted against it for the same thing. But,
23 Brady, I think we've learned a big lesson from it.
24 And I've listened to the Commission, you know,
25 as we talked about other issues.
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1 fr m it . And
And I think we learned a lesson o
2 I think, quite frankly, it's time to put this behind
3 us and move on.
4 COMMISSIONER LESSARD: Well, I don't- -
5 MAYOR DALE: Because I think we learned that
6 lesson. I think that we are going to act
7 differently from a planning perspective, now, from
8 now on.
9 Not that we won't have different views from an
10 emotional standpoint on how people should be helped
11 and this and that and the other.
12 COMMISSIONER WILLIAMS: Yes.
• 13 MAYOR DALE: But my whole thing wasn't based
14 on whether this was helpful to the people. I think
15 it is.
16 My whole thing was based on, and Brady's was,
17 from a planning perspective and violating our own
18 regulations.
19 MR. COLBERT: Yes.
20 MAYOR DALE: So, you know...and knowing when
21 Mac comes back...and I think he will, we'll put this
22 to bed even if he's on his death bed.
23 I think there is a consensus.
24 COMMISSIONER WILLIAMS: Well, I would just
25 like to say that- -
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1 MAYOR DALE: Yes.
2 COMMISSIONER WILLIAMS: I am anticipating,
3 since I've heard officially that we can - -I assume
4 that you - - -I assume that we can bring it back up.
5 That is an interesting thing...to bring it back
6 up for reconsideration.
7 I don't know why there are some who think that
8 I have an ownership to second the motion.
9 MAYOR DALE: Or amend.
10 COMMISSIONER WILLIAMS: Then I should have
11 seconded the motion. However, I wanted to explain
12 to you why I didn't. Whether you think it was
• 13 logical or not or a good reason but I don't know
14 why, but I just assumed - -and they say you don't
15 assume, because you know what happens, but I assumed
16 that there was a consensus, okay? after the
17 mediation.
18 And I didn't think that there would be any
19 reservation by anybody about seconding it.
20 And so when the motion was made I reached for
21 the Mayor's gavel...but I'm serious...There is no
22 way in the world if I had thought that you wouldn't
23 have seconded it or anybody wouldn't have seconded,
24 I would have reached for the gavel - -I wouldn't have
25 done that, you know.
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• 1 I was serious when I reached for his gavel, but
2 I'm assuming that, Hey, no problem with a seconding.
3 Number one, he didn't even look at me. Then I
4 became more nervous.
5 And I said Oh, gee, if I second this motion
6 here and then I didn't hear Brady say anything.
7 At that time I had not read where Brady had
8 said anything about he wasn't going to support it.
9 The only thing that came to my mind at that
10 split second was that If I second this motion there
11 would be a tie vote.
12 And if there is a tie vote, you know, nothing
• 13 happens. And so I began to think about Mac...I
14 said Maybe if I don't second it and nothing happens,
15 I have the opportunity to bring it back up after a
16 conference call.
17 Those are the things that went through my mind,
18 you know. And I didn't even know that there was a
19 co -- appearing the next - -maybe I should have known,
20 you know, maybe I didn't correspondence
e d t read the corres
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21 back and forth.
22 But that was my reason.
23 MAYOR DALE: For future reference, Mayor's
24 Rule of Order, if it is a tie vote or even if there
25 is a vote in the positive, those that voted for the
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• 1 motion, in the affirmative, can bring it up either
2 at that meeting or at the next meeting.
3 COMMISSIONER WILLIAMS: If there is a majority.
4 MAYOR DALE: To reconsider. No, it doesn't
5 have to be a majority.
6 COMMISSIONER WILLIAMS: Because, see, that is
7 what I was...I always thought that --
8 MAYOR DALE: Well, if you voted in the
9 affirmative and it failed for lack of a majority,
10 you could have brought it back up either at that
11 same meeting or at the next meeting.
12 COMMISSIONER WILLIAMS: Well, I thought it had
• 13 to do with the majority.
14 MAYOR DALE: Well, this is for future
15 reference.
16 COMMISSIONER WILLIAMS: Or that type of thing,
17 so i --
18 MAYOR DALE: For future reference, if you vote
19 in the affirmative, okay? you can bring it- -and it
20 is either a tie or it won, you can bring it back up
21 either at that meeting or the next meeting.
22 Now, if you voted against it, you can't.
23 COMMISSIONER WILLIAMS: I knew about that, but
24 I thought it was a majority. I thought that it - -And
25 I felt that really it was just like a tie, it is a
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1 vote - -a tie is like -- -it's a vote but it really
2 doesn't accomplish anything.
3 MAYOR DALE: If you voted in the minority you
4 can't bring it back up.
5 COMMISSIONER WILLIAMS: I know if you voted
6 with the majority you can.
7 MAYOR DALE: If you voted in the majority you
8 can bring it back up.
9 COMMISSIONER WILLIAMS: I know about the
10 majority and the minority and so forth.
11 MAYOR DALE: And if it's a tie you can bring it
12 u p .
• 13 COMMISSIONER WILLIAMS: Now, that's where I
14 had, I was in a quandary about the tie. And I felt
15 that if nothing- -
16 MAYOR DALE: In fact, I would suppose anybody
17 could bring it up if there was a tie, because there
18 was no action taken.
19 MR. COLBERT: I haven't researched that. I
20 think that is a probability.
21 COMMISSIONER WILLIAMS: I just didn't know.
22 MAYOR DALE: I would have allowed it to have
23 been brought up again.
24 COMMISSIONER WILLIAMS: Well, I didn't know,
25 and that was my position on it. And I said, I was
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1 sitting there thinking, Well, we can have a
2 conference call.
3 MAYOR DALE: And since there was no second on
4 it, it could have been brought up again. Anybody
5 could have brought it up and said Well, let's try
6 this motion.
7 COMMISSIONER WILLIAMS: Well, that is why, that
8 was my rationale for not seconding it.
9 MR. COLBERT: And I understand.
10 COMMISSIONER LESSARD: And here is a question:
11 On this - -And I thought Jean could go get a vote from
12 Mac. That is --
13 MAYOR DALE: No, he has to be present to vote.
14 COMMISSIONER WILLIAMS: A conference call,
15 right?
16 MR. COLBERT: No.
17 MAYOR DALE: You can't vote by phone and you
18 can't vote by proxy.
19 COMMISSIONER WILLIAMS: I know you couldn't
20 vote by proxy, but- -
21 MAYOR DALE: You have to be personally present.
22 COMMISSIONER WILLIAMS: Okay.
23 MAYOR DALE: So, you know, I believe...my
24 feeling, to the contrary of what we did....because I
25 think what we did was wrong. And I voted against it
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1 for that reason.
2 But for the sake of putting it back - -After
3 reading the comments in the papers from DiSantis and
4 others, I could kick their behinds for not coming up
5 there and saying something the night of the meeting,
6 instead of just sitting there like bumps on a log.
7 MR. COLBERT: Yes.
8 MAYOR DALE: I really didn't participate in the
9 mediation. We all broke up, you know, basically
10 what we did in mediation, Bill- -
11 MR. COLBERT: They divide you up.
12 MAYOR DALE: Well, he sat right there and
• 13 explained what he was going to do, and got the
14 lawyers, by the way, to sign a confidentiality
15 thing.
16 He didn't have everybody else sign it. He said
17 he usually does, but there was too many, that he was
18 just going to have the lawyers do it.
19 So they all signed the confidentiality
20 statement, even though Marks called the press
21 immediately thereafter.
22 They all signed the confidentiality statement,
23 and then he put us in the conference room.
24 Tony and I went in one room and twiddled our
25 thumbs, read the paper, made telephone calls, went
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• 1 out and smoked a cigar, you know, several other 22
2 things.
3 And talked with Katie a little bit. And
4 finally Harvey came in and talked to us some.
5 And, you know...and then the rest of the time
6 they - -I really didn't know what was happening in
7 there.
8 I went to lunch. And then had a lunch, and
9 came back and they had decided maybe they were going
10 to settle it, and- -
11 MR. VAN DERWORP: That isn't unusual, because
12 it was a settlement agreement that was really
• 13 reached between a party that wasn't a party- -
14 MR. COLBERT: A non - party, right.
15 MR. VAN DERWORP: - -a non -party at that time.
16 MAYOR DALE: And it really wasn't reached with
17 us, as the- -
18 MR. VAN DERWORP: But normally it would have
19 been.
20 MAYOR DALE: -- Defendants. It was a strange
21 deal.
22 So they spent more time talking with the
23 Seminole Volunteer Enterprises folks and the
24 Plaintiffs than they did with us.
25 And I didn't know until they came back about
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• 1 2:30, I guess, when I got back from lunch and sat
2 around some more...that they had reached an
3 agreement, they typed it up, you know. I supposed
4 it would be subject to Commission approval instead
5 of putting it in there that way.
6 Tony signed it subject to Commission approval.
7 I said Fine, you know. I was surprised that they
8 had reached it, that is, the stuff that they were
9 talking about before.
10 COMMISSIONER WILLIAMS: Excuse me a minute.
11 Tony, you weren't in there while they were mediating
12 those issues? or you weren't supposed to be in
• 13 there ??
14 MAYOR DALE: No. Well, they were caucusing.
15 COMMISSIONER WILLIAMS: Oh, okay.
16 MR. COLBERT: Well, the way the mediation goes
17 most of the time - -it is unusual to have three
18 different parties, but there were three here.
19 COMMISSIONER WILLIAMS: Oh, okay.
20 MR. COLBERT: And the way mediators normally do
21 it, they get everyone together and kind of explain
22 the ground rules.
23 And you get all the parties...if there are
24 three parties, they go to three different rooms.
25 And the mediator goes into the rooms and then
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1 tries to resolve the issues in conflict. 24
2 The thinking of that is, if you remove the
3 parties to kind of a neutral territory the mediator
4 can have discussions and bring about compromise.
5 But if all of the parties are across from each
6 other, tempers flare and issues escalate more than
7 get resolved.
8 And so that is the way mediation is normally
9 done in Florida. This is not unusual mediation
10 except that there were three parties, which made it
11 a little bit unique.
12 And I say three parties; one really wasn't a
• 13 party, but three came to mediation.
14 MAYOR DALE: Well, if there is a consensus
15 here, and I believe there, maybe there is a
16 consensus for you to contact the parties and say
17 Okay...I mean if you're willing to do that.
18 MR. COLBERT: Well, there is no problem with
19 us, our office contacting theirs and telling them
20 that we're going to have it on the agenda and there
21 appears to be a consensus to resolve it, I don't
22 have a problem with that.
23 There has been some rhetoric by at least one
24 side that they're not sure that they're willing to
25 do it now.
C. B. Ellerbe & Associates
P.O. Box 1422
Sanford, FL 32772 -1422
• 25
1 MAYOR DALE: Well, and then they kept saying in
2 the paper, Well, I'm amazed, I thought we had this
3 settled- -
4 MR. COLBERT: But my point is this, from the
5 City's standpoint: That the mediation agreement
6 simply said that it was subject to the approval of
7 the City Commission.
8 MAYOR DALE: It didn't say when.
9 MR. COLBERT: It did not say Subject to the
10 approval of the City Commission at the next meeting;
11 and if the Commission failed to take action this is
12 null and void and of no further force or effect.
• 13 So that's why I want a decision made on that.
14 MAYOR DALE: Well, I wasn't even contacted,
15 you know, I just let it come up again.
16 MR. COLBERT: And if the decision is made that
17 the City approves that; and if for some reason one
18 of the sides wants to back away from it, at least
19 I'm more comfortable that we have covered the City's
20 bases. And- -
21 MAYOR DALE: Well, I'll agendize this for the
22 next meeting and we'll take action on it.
23 MR. COLBERT: If you'd like I'll send you a
24 letter asking that it be agendized or you can simply
25 do it, whichever you're comfortable with. It makes
140 C. B. Ellerbe & Associates
P.O. Box 1422
Sanford, FL 32772 -1422
26
1 no difference to me.
2 But I do want it on the agenda.
3 MAYOR DALE: Well, then, I'll just put it on
4 there, then.
5 MR. COLBERT: Okay.
6 MAYOR DALE: Unless you want to send a letter.
7 It doesn't matter. It's not necessary.
8 MR. COLBERT: Well, I'd be glad to do it for
9 you if you would like me to.
10 MAYOR DALE: No, I'll just put it on the
11 agenda.
12 MR. COLBERT: Okay. The reason for it being on
• 13 there is that no action taken at the last meeting.
14 You don't have to state a reason, but if somebody
15 asks you, that's the reason.
16 MAYOR DALE: Right. Well, Velma would have
17 brought it up again anyway. She's done it before.
18 MR. COLBERT: I guess what I'm saying is I
19 would like to see it as an agenda item. Because
20 sometimes people complain that it wasn't on the
21 agenda.
22 It really doesn't have to be, but if it's on
23 there then somebody can't say Well, I didn't know it
24 was up for discussion.
25 MAYOR DALE: We'll put it on there. Tony has
C. B. Ellerbe & Associates
P.O. Box 1422
Sanford, FL 32772 -1422
27
0 1 already got it noted over there.
2 MR. COLBERT: Commissioner Eckstein, did you
3 have something to say?
4 COMMISSIONER ECKSTEIN: No.
5 MAYOR DALE: All right.
6 COMMISSIONER LESSARD: Do you want me to get
7 the door?
8 MAYOR DALE: We'll adjourn the Executive
9 Session and, Bill will close the meeting with opened
10 doors.
11 (Thereafter the following proceedings were had
12 in public forum:)
• 13 MAYOR DALE: Okay. Having had the Executive
14 Session, we'll open it back up for public meeting.
15 And if there are no other comments, and I don't see
16 anybody here that have any questions, Mr. Colbert?
17 MR. COLBERT: Mayor, I would just like to in
18 the public portion of the meeting thank the
19 Commission for coming together.
20 I appreciate the Commission's input. I know
21 what we need to do at this point. It is now about
22 3:30. I predicted this might be a thirty- minute
23 meeting, and I want the record to reflect that I was
24 correct. So I thank you very much. And that's all
25 I have.
Ili C. B. Ellerbe & Associates
P.O. Box 1422
Sanford, FL 32772 -1422
S 28
1 MAYOR DALE: Okay. Thank you very kindly.
2 (Thereupon the meeting was concluded.)
3 CERTIFICATE OF NOTARY /CSR
4 STATE OF FLORIDA )
5 SS.
6 COUNTY OF SEMINOLE )
7 I, C. B. Ellerbe, CP, CSR and Notary Public,
8 State of Florida at Large, do hereby certify that I
9 was authorized to and did report the proceedings in
10 the foregoing cause, Pages 1 through 28.
11 I further certify that said transcription is a
12 true and correct record of my stenographic report of
• 13 said cause.
14 IN WITNESS WHEREOF I have hereunto affixed my
15 hand and official seals this the 24th day of April,
16 A. D., 2000.
17 (//: � / �
18 (SEALS) r ►/ ; /►
C. B. ELLERBE, CP, CSR
19
.0% CURTIS B. ELLERBE
2 0 * t : Commission 4 CC 39ft3lr3
N ivel " It Tires Sep 22,2002
21 Bonded Thou Own Ina. Co.
2 2 ,
t i t CURTIS 13. i.LEF
23 certified o,h 3rthalc
reporter, State of Fla,
2 4 - 4' 01' at Large.
25
• C. B. Ellerbe & Associates
P.O. Box 1422
Sanford, FL 32772 -1422