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012600 special attorney-client session agenda AGENDA Sanford City Commission Meeting Wednesday, January 26,2000 Sanford City Hall, 300 North Park Avenue Sanford, Florida ******************************************************************************** Special Attorney-Client Session 4:00 P.M. City Manager's Conference Room CITY OF SANFORD EXECUTIVE SESSION** ** The Executive Session will be closed to the public to allow the City Commission to meet with the City Attorneys to discuss legal strategy and potential resolution of two law suites which have been filed against the City of Sanford. The following people will attend the attorney/client session. Mayor Larry A. Dale, Commissioner Whitey Eckstein, Commissioner Velma H. Williams, Commissioner Brady Lessard, Commissioner A. A. McClanahan, City Manager Tony VanDerworp, City Attorney William L. Colbert, and Assistant City Attorney Catherine D. Reischmann. I. EXECUTIVE SESSION 2. ADJOURN EXECUTIVE SESSION ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING THE TESTIMONY AND EVIDENCE WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS286.0 I 05) PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE PERSONNEL OFFICE ADA COORDINA TOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. r • 1 1 BEFORE THE CITY OF SANFORD CITY COMMISSION 2 3 4 5 In re: Executive Session, Attorney - Client Session, January 26, 2000 - 4:00 p.m. 6 7 8 9 10 11 REPORT OF PROCEEDINGS before the City of 12 Sanford City Commission, on Wednesday, January 26, • 13 2000, City Manager's Conference Room, Sanford City 14 Hall, 300 North Park Avenue, Sanford, Seminole 15 County, Florida, commencing at or about 4:00 p. m., 16 pursuant to Notice herein, the Honorable LARRY A. 17 DALE, Mayor, presiding. 18 Commissioners present: HERBERT "WHITEY" 19 ECKSTEIN, BRADY LESSARD, VELMA H. WILLIAMS and A. A. 20 McCLANAHAN:. 21 Also present: TONY VAN DERWORP, City Manager. 22 APPEARANCES: 23 WILLIAM L. COLBERT, Esquire, City Attorney and 24 CATHERINE D. REISCHMANN, Esquire, Assistant City 25 Attorney. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 ORIGINAL • 1 CHAIRMAN MAYOR DALE: Okay. We're going to 2 2 call the meeting to order. The purpose of this 3 meeting, Bill, is an Executive Session that you've 4 requested And I'm going to turn it over to you to 5 lead us. 6 MR. COLBERT: Thank you, Mayor. The suit that 7 we're going to talk about today some people are 8 calling the Metts suit; but it is really styled 9 DeSantis and others, versus the City of Sanford. 10 There are two suits pending in Court. 11 And last week we got served with the last 12 Complaint; and I immediately then wrote to the , • 13 Mayor and asked for an Attorney- Client Session; and 14 then I renewed that request verbally at the City 15 Commission Meeting on Monday. 16 And what I want to do in this Session is to go 17 into the Attorney - Client Session and brief you all 18 on the case; and have some discussion about some 19 strategy and ways to control costs and potential 20 ways to resolve the case. 21 Mrs. Reischmann and I are both working on the 22 case. I expect this Session to last about an hour 23 to an hour and a half, depending upon how much 24 discussion we have. 25 And then at the end of that we can open up , • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 again and adjourn the meeting. 3 2 But are there any questions of me while we are 3 in the public part of this? 4 If not, Mayor, we can, then, go into the 5 Attorney - Client Session and close the doors. 6 CHAIRMAN MAYOR DALE: Okay. We will, then, 7 close the public session and go into the Attorney - 8 Client Session. 9 (Thereupon the following proceedings were had 10 in Executive Session:) 11 MR. COLBERT: I didn't introduce him a moment 12 ago, but Mr. Curtis Ellerbe is in the room. And he • 13 is a Court Reporter. And I would like to review 14 with the Commission and on the record that before we 15 get into these very far, this will be familiar to 16 you; but I would like to review the Statute for 17 just a moment. 18 We are in an Attorney - Client Session; and it 19 is permitted under Chapter 286.011 of the Florida 20 Statutes. 21 Some people say this is outside the Sunshine; 22 but it is not. 23 I like to refer to this as a "Delayed 24 Broadcast." 25 All this is, is a meeting for which the entire • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 4 1 substance of this meeting will be taken down by Mr. 2 Ellerbe. 3 It will be transcribed and put in a transcript; 4 and at the conclusion of this litigation the entire 5 transcript will be made available to the public. 6 I say this, one, to remind the Commission that 7 we are on the record. 8 And, two, so that the public, when they read 9 this, will have confidence that they are seeing and 10 hearing this just as if they were here. 11 They are just seeing it and hearing it at a 12 later time. • 13 The things that we can discuss under this 14 provision of the law are pending litigation...that 15 is why we had to wait until the actual suit was 16 filed to ask for it. 17 And we have to talk about things relating to 18 settlement or strategy as to containing costs of the 19 litigation. 20 I am going to get into that in a couple of 21 minutes. I think it is important for the Commission 22 to understand what has been filed against the City. 23 And I am going to review that briefly with you 24 for a couple of minutes, what is actually filed, 25 what the legal process is. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 5 1 And I want to tell you a couple of the City's 2 options; and then I want to open it up to questions 3 from the Members of the Commission if you have 4 questions of us. 5 And then I need some consensus from you of 6 where we want to go. 7 And then when we're through with that we can 8 adjourn the meeting; but that's really what this is 9 about. 10 There are two actions that have been filed 11 against the City. 12 First of all, there is a Complaint called a • 13 Petition for a Writ Certiorari. 14 And that is filed by Mr. DeSantis and others 15 against the City of Sanford. 16 And what that really is, is the - -the action 17 says that you were sitting as a City Commission in 18 your quasi - judicial capacity. And you made a 19 decision concerning the granting of a dimensional 20 variance. 21 That is, the parking variance, that related to 22 the, what some people refer to as the Soup Kitchen; 23 but it was an application by Seminole Voluntary 24 Enterprises to operate a restaurant under the City 25 Code. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 6 1 And you granted them a variance; and what 2 this Petition basically tells the Court or suggests 3 to the Court is that you did not follow the 4 essential requirements of law. 5 They say that there were only certain things 6 that you could consider in that variance; and that 7 there was not enough evidence to support that 8 decision; and, therefore, the Court should reverse 9 that decision and, in essence, remand it back to you 10 and tell you that you cannot grant the variance. 11 If they prevail on that, that is what would 12 occur. 13 We're not saying they would prevail on that. I 14 just want you to understand what it is. It is a 15 review of your quasi - judicial decision that will be 16 the three -judge panel, three Circuit Judges will 17 look at the record. Look at whatever briefs we file 18 and whatever briefs the other side files. 19 They will give deference to the City, but they 20 will ultimately decide whether or not there was a 21 basis for the Commission to make that decision. 22 If they decide there was a basis for the 23 decision, the decision will stand. 24 If they decide that there was no basis, then 25 they will reverse and tell you that you cannot grant • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 the variance. 2 The other action is a Verified Complaint. And 3 it is an action that asks for what is called 4 Declaratory and Injunctive Relief. 5 And this case is assigned right now to Judge 6 Stephenson. Whether he will remain in the case or 7 not, I'm not certain. 8 Because he lives in the City of Sanford on Park 9 Avenue, down about Seventeenth or Eighteenth Street. 10 And there is a suggestion by some that perhaps he 11 should not hear it because he resides in the City 12 and some other Judge should hear it. • 13 We're not to that point. But this was just 14 filed in the last week or so. And that will be 15 decided at a later time. 16 But what is alleged here is...is similar. But 17 the review is different. 18 On the certiorari, a three -judge panel will 19 look and see if in their opinion the City departed 20 from the essential requirements of the law. 21 In this Verified Complaint they're asking for 22 basically a new trial before the Judge, for Judge 23 Stephenson to decide whether or not this action by 24 the City was a Development Order; and if so, if the 25 actions of the City were consistent or inconsistent C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 with the current Comprehensive Plan and the Land 8 2 Development Regulations. 3 The allegation is that the Land Development 4 Regulations required the City to consider what the 5 Land Development Regulations were. 6 The Land Development Regulations require 7 offstreet parking for a restaurant, unless a 8 variance is given. 9 And then it goes back to argue that those 10 elements for granting as variance weren't present, 11 including the Planning and Zoning Commission 12 recommended against it. • 13 The Staff recommended against it; and 14 notwithstanding that the Commission approved it. 15 The Commission shouldn't have, the argument goes. 16 And that would be, rather than a review, that 17 would be another trial in front of Judge Stephenson, 18 who, if he agreed with that, could issue a permanent 19 injunction and say that the variance could not be 20 given, that it is inconsistent with the Plan; and 21 that the restaurant could not operate. 22 For these actions to take their full course, if 23 we took the full course, we could be involved in the 24 certiorari for six months to more than a year. 25 I've seen them take a year and a half to two C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 9 1 years to get that far. 2 The Declaratory and Injunctive Relief Section, 3 under the Verified Complaint, a year or more is not 4 unusual. 5 I'm not saying it needs to go that long but it 6 could. 7 So, those are the two things filed against the 8 City. And I know I'm rolling out a lot of 9 information for you, but you are the decision 10 makers; and you need to have this information, as 11 we discuss this and as you make a decision. 12 Right now one of the important players is not • 13 in the lawsuit. They are not at the table. And 14 that is the Seminole Volunteer Enterprises, Mrs. 15 Metts' group. 16 They are not parties attendant. Right now it's 17 the City of Sanford and the Plaintiffs in this case, 18 the seven residents. 19 As I understand it, the restaurant is set to 20 open around the fourteenth of February. That is an 21 announced date. 22 And as I understand it there was discussion 23 about whether or not Mrs. Metts would be willing to 24 delay the opening of her restaurant, whether or not 25 she would be willing to join in the defense of this C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 0 • • • 10 • 1 with the City. 2 Because it does affect their right to operate. 3 It is my understanding that she, her position is she 4 would not delay the opening voluntarily. And right 5 now there has been no attorney who has agreed to 6 take the case on a pro bono basis, that is, for 7 free. 8 Therefore, they do not have counsel at this 9 time. They may or may not have counsel later. 10 So, getting to the point of where we go from 11 here, I think that from a legal standpoint, I've 12 already told you, it can take some time for this 13 case to wind its way through. 14 It seems to me at least that it would be 15 important to have all of the parties involved in 16 this, that is, Mrs. Metts' organization should be 17 involved in it. 18 And I think that it is...that it is likely that 19 the Plaintiffs are going to soon attempt to join 20 Mrs. Metts' group as a Defendant in this case. 21 They would have to do that or the City would 22 have to do that. 23 I think they are going to do that soon. At 24 least that's the information that I have. 25 It seems to me that one way to help the City C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 11 • 1 contain costs and one way for this perhaps to be 2 resolved quicker and at least at less expense to the 3 City, would be if we, the City, either do not oppose 4 a temporary injunction or agree that the Court issue 5 a temporary injunction that would delay the opening 6 of the restaurant. 7 And also, agree that perhaps this matter could 8 be diverted early to a mediation with all three 9 parties, assuming that they are in it. 10 And then sit down and try to have some 11 discussion to see if there is some way to satisfy 12 both of the other sides, that is, the residents and 13 Mrs. Metts. • 14 And I'm not sure what that might be. That 15 would be partially a mediator's job; but some of 16 the possibilities, to me, would be the potential of 17 the preparation of the food on premises and serving 18 it somewhere else. 19 Another possibility would be if they are able 20 to provide some parking through the railroad or some 21 other means, reducing the capacity by agreement to 22 fit whatever that parking is. 23 Or some other mechanism that would be 24 acceptable to the three parties. And I keep saying 25 the three parties. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 12 • 1 That would be that group, the Plaintiffs and 2 the City involved in this case. 3 At least it seems to me that it is perhaps 4 worth some effort to try to see if that can be 5 accomplished. 6 And if it can be accomplished, it could short - 7 circuit and make moot this long -term legal battle 8 that I'm talking about. 9 If the attempt at mediation does not resolve in 10 some type of settlement - -any type of settlement 11 would have to be approved by the Commission - -but 12 assume for a moment that it did not result in a 13 settlement, then the City could come back, we could 14 have another meeting; we could decide whether to 15 try to limit the procedure by trying to agree to a 16 stipulated set of facts and then try to get the 17 Court to decide the case based on a stipulated set 18 of facts, versus a discovery and depositions and 19 that type of thing or rather to go to a full -blown 20 trial. 21 So it seems to me that our options are to go 22 full -bore right now, which I don't necessarily 23 believe is in the City's interest or the public's 24 interest. 25 Or to try to take some method to short - circuit C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • • • • • 13 • 1 the proceedings and see if a resolution can be done. 2 And if not, to go from there. Now, there are a 3 couple of questions that perhaps could come up that 4 I might try to answer before they come up. 5 One is, well, Could the City simply at this 6 time reverse itself and decide to give - -to deny the 7 variance? 8 To me, that presents the problem of satisfying 9 one group and opening ourselves, the City, to a 10 lawsuit by the other group. 11 I don't think that is a viable option at this 12 particular point in time. • 13 Another question would be What about the 14 potential of not defending? not...not participating 15 and just letting the Court do what it wants to? 16 Well, there are two problems legally with that. 17 One is that if we don't defend we potentially open 18 the City to bad -faith and attorneys' fees arguments. 19 And the other is that it is probably at lease 20 arguably an invitation to others if they don't like 21 a decision the City makes, just sue them and the 22 City rolls over. 23 So, I mean there are several reasons that those 24 are not, from a lawyer's standpoint, particularly 25 attractive to do. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I _ • 1 But the five of you are our clients; and we 14 2 need to understand where you want us to go and how 3 you want us to handle it and where we go from here, 4 which is the whole reason that I asked for this 5 Attorney- Client Session. 6 Having said all of that, I think, unless Mrs. 7 Reischmann wants to add something or the City 8 Manager wants to add something; and if they do, 9 this would be the opportunity to do it; but if they 10 don't, I would like for the Commission, if you have 11 questions you would like to ask us, to be able to 12 ask us those questions. • 13 And then give us your input to what I've said 14 and where you believe you would like us to go and 15 how you would like us to proceed from this point. 16 CHAIRMAN MAYOR DALE: What is this thing likely 17 to cost us if we go the route you say we're - -the 18 full circle, as you say? 19 MR. COLBERT: If we go the full circle we've 20 got two lawsuits that have to be dealt with. 21 We are paid by the hour. And it is...it is 22 hard to say how many hours we would spend when you 23 get into litigation. 24 I like to say Sometimes it's like a chess 25 match. You have to...you have to move and then wait • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 15 • 1 for the other side to move. 2 And depending on what they do, then you have to 3 decide where to go. 4 It could easily cost twenty, thirty, forty 5 thousand dollars...could easily cost that over the 6 next couple of years to go through that. 7 CHAIRMAN MAYOR DALE: Well, you know -- 8 MR. COLBERT: Mediation, an attempt at 9 mediation...and if that is successful, we could be 10 through with this in a couple of months at quite a 11 bit less cost. 12 CHAIRMAN MAYOR DALE: If Jean Metts and III 13 Volunteers....Seminole Volunteer Enterprises agrees, 14 there is nothing that we could do to agree to at 15 mediation, that if she disagrees with- - 16 MR. COLBERT: That's right. 17 CHAIRMAN MAYOR DALE: - -that would work. 18 MR. COLBERT: That is correct. 19 CHAIRMAN MAYOR DALE: Have you talked to Jean 20 Metts since our meeting where we instructed you to? 21 and what was her response? 22 MR. VAN DERWORP: Well, as Bill already 23 mentioned, I talked to Jean on the twentieth at 3:30 24 in the afternoon. 25 He mentioned already that she does not have • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 16 • 1 funds to assist the City with attorneys' fees at 2 this point in time. 3 And that she also is intending to open on the 4 fourteenth or whatever the date was there. 5 With respect to settlement, I asked her if she 6 had thought about anything that might work in a 7 settlement or mediation environment. 8 And she told me that the only thing that would 9 probably work for the other side was to not serve 10 meals at all. 11 And she is not willing to do that. And that, 12 however, she is willing to make progress with !II 13 respect to trying to get the railroad right -of -way 14 for some parking spaces. 15 CHAIRMAN MAYOR DALE: Well, she's tried to do 16 that; and others have tried. 17 TONY VAN DERWORP: Right. 18 CHAIRMAN MAYOR DALE: And I don't know if 19 you've ever dealt with the railroad. I would assume 20 that you have. 21 TONY VAN DERWORP: I have. 22 CHAIRMAN MAYOR DALE: In some capacity with the 23 County. And it is about like dealing with the devil 24 himself. 25 TONY VAN DERWORP: I would be very surprised if IIIM B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 17 • 1 the railroad gave her permission to use their 2 property without outright purchase of it. 3 CHAIRMAN MAYOR DALE: I would, too. 4 TONY VAN DERWORP: It is a liability which 5 they don't want to -- 6 CHAIRMAN MAYOR DALE: It is her attitude. She 7 is bound and determined. Someone on the other side, 8 I understand, asked her if she would delay opening. 9 And she said, "No, under no circumstances will 10 I delay opening." Okay. So, if she, if there is no 11 desire in her to mediate with us, are we not wasting 12 our time? I mean we have already talked to her • 13 about it. 14 If we go talk to her again, you might as well 15 say the same thing. 16 MR. COLBERT: Well, I understand your question. 17 And the answer is Without an agreement from her 18 mediation would not, you know, be productive. 19 What I'm talking about, though, would be a 20 temporary injunction being probably issued by the 21 Court doesn't oppose it or agrees to it, which would 22 preserve the status quo, while that organization is 23 brought in as a party instead of a bystander. 24 And then under a court - ordered mediation with a 25 court - appointed mediator, have a discussion and see C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 18 • 1 if something can be done which satisfies all 2 parties, including the City of Sanford; and if that 3 happens, it's a moot point. 4 If that is not successful, we have, through 5 that exercise at least helped isolate the City from 6 a potential claim by Mrs. Metts' organization later 7 if the case does not go their way. 8 So, there are several benefits to doing that 9 scenario. 10 CHAIRMAN MAYOR DALE: Well, let me be sure I 11 understand what you just said. 12 Are you telling me that if we lose this lawsuit 11/ 13 she could then turn around and sue us for damages 14 because we lost the lawsuit? 15 MR. COLBERT: I'm not saying- - 16 CHAIRMAN MAYOR DALE: Because she couldn't 17 open? 18 MR. COLBERT: I'm not saying that she could 19 prevail on a suit against the City if the lawsuit is 20 not won. 21 But I am concerned that if the lawsuit is not 22 defended to avoid - -of a judicial decision versus 23 inaction or less than good -faith action by the City, 24 that there could be some exposure. 25 And so, bringing them in, attempting mediation, 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 19 • 1 trying to resolve it and either resolving it or not 2 provides some benefit to the City and the taxpayers, 3 in my opinion. 4 CHAIRMAN MAYOR DALE: And until we get to the 5 point where she is willing to, well, if she's 6 willing - -if he gets named in, this is all going to 7 be on the taxpayers' nickel? 8 MR. COLBERT: Yes, sir. 9 CHAIRMAN MAYOR DALE: So she wants us to defend 10 it vigorously. 11 MR. COLBERT: Yes, sir. 12 CHAIRMAN MAYOR DALE: At no cost to her. 1111 13 MR. COLBERT: Well, I haven't talked to her, 14 but I mean- - 15 CHAIRMAN MAYOR DALE: Is that right, Tony? 16 TONY VAN DERWORP: Well, she has no funds to 17 assist us in this lawsuit at this point. 18 CHAIRMAN MAYOR DALE: Well, she is possibly a 19 defendant, but she is not willing to go into a 20 defense, even though it benefits her. 21 And if she refuses to mediate, which it sounds 22 to me like she is, then the costs are going to be on 23 the taxpayers all the way through this, maybe up to 24 your cycle - -Now, if they grant the injunction, which 25 I feel they probably will, then that would be done C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 20 1 fairly soon. 2 That is not going to take two years to go to 3 this injunction- - 4 MR. COLBERT: No, that would be done, if it's 5 going to occur, between now and the fourteenth of 6 February. 7 CHAIRMAN MAYOR DALE: Will that injunction 8 remain in effect until this thing is settled, then, 9 do you think? 10 MR. COLBERT: It will remain in effect until 11 either the case is over or the Court finds a reason 12 for lifting the injunction. 13 CHAIRMAN MAYOR DALE: And if they grant the 14 injunction and she operates as a restaurant in the 15 meantime -- Because I know she has operated several 16 times already and has not pulled an occupational 17 license. 18 MR. COLBERT: Well, the injunction, if it is, 19 you know, we would have to see it to understand it 20 totally, but if it played the way I perceive it to 21 be played, the injunction would in effect prohibit 22 the operation of those premises as a restaurant. 23 If they are a party to that suit, the Court has 24 jurisdiction over them. And then if the court order 25 is disobeyed, the penalty is contempt of court, for C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 21 • 1 which the Court can impose penalties. 2 That is, a daily fine or whatever, until the 3 contempt is cured, the ceasing of operation. 4 CHAIRMAN MAYOR DALE: Well, let me ask you 5 this: Would they have to name her as an additional 6 party, a decision, our decision against her - -so they 7 don't have to name her as an additional party to 8 have an injunction, do they? 9 MR. COLBERT: Well, the City is the only party 10 Defendant right now. And there is a request for an 11 injunction against the City. 12 If the injunction is granted against the City, • 13 there is a question in my mind of What is the City 14 supposed to do to keep them from operating as a 15 restaurant? 16 CHAIRMAN MAYOR DALE: I would assume we're 17 supposed to say We're under a court order not to let 18 you open. 19 MR. COLBERT: Well, we would. 20 CHAIRMAN MAYOR DALE: And it would be up to our 21 Code Enforcement people to stop her from doing it. 22 MR. COLBERT: But I'm not, yes, I understand 23 what you're saying. I'm not sure that the best 24 posture would be for the City to be the Court's 25 enforcement arm. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 22 • 1 I would...I would be more comfortable if they 2 were a party and they were subject to the 3 jurisdiction of the Court and they were responsible 4 for any violation of the Court Order. 5 CHAIRMAN MAYOR DALE: Well, Mike Jones is not 6 your average thinking Attorney. 7 MR. COLBERT: I understand. 8 CHAIRMAN MAYOR DALE: And he's a bulldog. And 9 he loves to do these things. 10 MR. COLBERT: Well, I understand. 11 CHAIRMAN MAYOR DALE: And another thing, he 12 does it at his own expense. 13 MR. COLBERT: I have worked with Mr. Jones and 14 on the other side for about, almost thirty years. 15 I remember when he came to Seminole County, just 16 shortly after I did. I enjoy working with him 17 sometimes and against him sometimes; and he is a 18 good lawyer and a good person, and very, very 19 bulldogish. 20 CHAIRMAN MAYOR DALE: Yes, he is. 21 MR. COLBERT: And fun to litigate with. But 22 I'm not sure I ought to have that much fun at the 23 City's expense, so I try to figure out a way to 24 short - circuit that a little bit. 25 CHAIRMAN MAYOR DALE: But I mean if Metts is C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 23 • 1 named in this thing, she is still not, probably not 2 going to hire legal counsel, unless she can get pro 3 bono. 4 And I know for a fact she has tried hard to do 5 that through the Central Florida Legal Aid Society, 6 because they have made many calls to attorneys, who 7 have called me. 8 MR. COLBERT: And a number have called me. 9 CHAIRMAN MAYOR DALE: Right. And none of them 10 are willing to take the case. 11 MR. COLBERT: I understand. 12 CHAIRMAN MAYOR DALE: So far. That I know of. I/ 13 So, what if they name her and she still doesn't have 14 legal counsel? 15 MR. COLBERT: Well, if they name that 16 organization- - 17 CHAIRMAN MAYOR DALE: - -and protect her and the 18 company and individually, too, at the taxpayers' 19 expense? 20 MR. COLBERT: No, it's not incumbent on the 21 City to do that, if that was your question. 22 If they name that organization, they have an 23 obligation to defend or respond to the Court. 24 If they do not, the Court could basically enter 25 what is called a default against them on the time III C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 24 1 the answer is due to the Verified Complaint and 2 those types of things. 3 And the Court could go on and adjudicate rights 4 that affect them without further participation on 5 their part. 6 But they would be bound by the decision. 7 CHAIRMAN MAYOR DALE: The fact that some of 8 these firms have called me and had rather pointed 9 questions make me tend to think that they feel that 10 it is not a very defensive position on it. 11 What do you think the chances of this 12 injunction being entered are? • 13 MR. COLBERT: I think the chances of an 14 injunction being granted are fairly good. What an 15 injunction would do would be to preserve the status 16 quo, while the case goes on to some kind of 17 conclusion. 18 And it is not unusual for a court to grant a 19 temporary injunction and then go forward and decide 20 on the merits of the case. 21 COMMISSIONER McCLANAHAN:: Well, if the 22 railroad said today that she could have the parking 23 that would not stop this suit. 24 CHAIRMAN MAYOR DALE: No, it would have to be 25 mediated to the standpoint that, you know, that 110 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 0 1 might enter into mediation- - 25 2 COMMISSIONER McCLANAHAN:: This suit has not 3 been brought because they didn't have the parking 4 authority. 5 COMMISSIONER LESSARD: Bill, I think you should 6 comment on that, because, Mac, that's what the case 7 was about. 8 COMMISSIONER McCLANAHAN:: No, wait, let me 9 finish, then, okay? 10 The case, that cited a negative reaction to 11 property values; and all of those different things; 12 and it has not - -if, if we had had the railroad I 411 13 parking there we would have still been challenged by 14 this group of people. 15 COMMISSIONER LESSARD: We don't know that. 16 COMMISSIONER McCLANAHAN:: I really believe 17 that. Well, that's my personal opinion. 18 Because that is not the...that is not the 19 problem...is not parking that is causing the suit. 20 Now, we know, that. Larry, think about it. 21 CHAIRMAN MAYOR DALE: No, no, Mac, I read the 22 suit; and it clearly cites the fact that we have 23 granted this waiver or this variance and that we did 24 it illegally. 25 That's what the suit is about. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 26 411 1 That is what you can sink your teeth into. I 2 can tell you, if the CSX parking had been there it 3 would have made a big difference in how I thought 4 about it, going into that public hearing, and on the 5 merits...and I based my decision based on that. 6 COMMISSIONER McCLANAHAN:: But you- - 7 CHAIRMAN MAYOR DALE: But my decision was based 8 a hundred percent on the fact of the Land 9 Development Regulations and the fact that we, not 10 only did we give it a variance, we waived it 11 completely. 12 COMMISSIONER McCLANAHAN:: But why can a • 13 restaurant, then, in the same SC -3 District on First 14 Street take a building that was never a restaurant 15 and become a restaurant; and there has never been a 16 question; and it has never come before us? 17 CHAIRMAN MAYOR DALE: Because our Codes allow 18 that to happen in a SC -3 District, where we have 19 designated parking and a building that is less than 20 a thousand square feet. 21 COMMISSIONER McCLANAHAN:: That doesn't even 22 make any sense. 23 CHAIRMAN MAYOR DALE: Well, that's what our 24 Codes allow. Our Code allows that. 25 COMMISSIONER McCLANAHAN:: It doesn't make any • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 27 1 sense to me. 2 CHAIRMAN MAYOR DALE: Those things meet our 3 Code. I mean we -- 4 COMMISSIONER McCLANAHAN:: It makes no sense at 5 all. 6 CHAIRMAN MAYOR DALE: I mean, you know, I asked 7 Are we going to designate parking for this? And we 8 said No, we're just going to let them park - -We 9 didn't designate - -There is no City- designated 10 parking for this or any other use in that area. 11 There is no set -aside public parking for it. 12 And there is no set -aside private parking for it. • 13 And that's what this case- - 14 COMMISSIONER McCLANAHAN:: Well, there is 15 public parking around the place. 16 CHAIRMAN MAYOR DALE: Well, let's ask Bill and 17 Katie. I don't think we're going to be able to go 18 in there with a defense that this case is really 19 about some other thing, property values, this, that 20 and the other, when they have cited specifically 21 those six issues in that variance in our Code, that 22 that is the true merit of the case that is going to 23 be tried. 24 MR. COLBERT: If, let me try to answer it this 25 way: • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 28 1 And I'm here to give you advice and answer your 2 questions; and I'll try to do that: If they were 3 able to get parking sufficient to meet the city 4 Code, after the fact, that by itself would not stop 5 the lawsuit. 6 But if they could provide the parking, the 7 Court - -and it could be shown - -there would be a 8 likelihood, in my opinion, that the case may be sent 9 back to the City to take further evidence and 10 testimony and see if the parking could be provided. 11 And let the City have another opportunity to 12 grant the variance or not. • 13 As to what Commissioner McCLANAHAN: just said a 14 couple of moments ago, that...that that, if they had 15 the parking it wouldn't stop the lawsuit. 16 It wouldn't stop it from that regard; but if 17 it came back to the City and we went through it and 18 if the City either granted or denied the variance, 19 then either side would have a chance to have another 20 appeal, based on the new decision. 21 And the property owners surrounding it may 22 choose something else to argue at that point. 23 And I can't- - 24 CHAIRMAN MAYOR DALE: But's that a big if. 25 You've got to -- • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 29 1 MR. COLBERT: I can't handle that or deal with 2 that, but I can- - 3 CHAIRMAN MAYOR DALE: You can't defend it based 4 on what -if after this, that was- - 5 MR. COLBERT: No, it's not anything like that. 6 CHAIRMAN MAYOR DALE: I have dealt with CSX 7 for thirty years, and I doubt very seriously if 8 anybody is going to get them to let her just use 9 that for parking. 10 And she has already said she has no money to 11 even lease it from them. 12 MR. COLBERT: Well, the suit right now pretty . 13 well- - 14 CHAIRMAN MAYOR DALE: I think that is a moot 15 point for us to consider here, whatever CSX does, 16 whether CSX does anything. 17 MR. COLBERT: The case right now is pretty much 18 pending on the granting of the variance by the City 19 relating to the parking. And it's...if the parking 20 issue goes away, it would take quite an amendment to 21 these pleadings for them to still be in court. 22 CHAIRMAN MAYOR DALE: I agree with you. I 23 think if the parking issue went away they would have 24 a whole lot less sting in their lawsuit. 25 But I don't see that happening. And I don't • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 30 1 think we can defend it, based on, well, I just don't 2 think it's going to happen. 3 MS. REISCHMANN: I just wanted to add that we 4 do have two separate lawsuits that are very 5 different and have very different facts and very 6 different allegations, although they seem like they 7 are similar. 8 So it is...just so we don't get confused about 9 what we're talking about. 10 And I think the action where they are seeking a 11 trial, they do mix it up a lot; and they talk about 12 the issues of putting a non - residential use next to 411 13 residential use. 14 CHAIRMAN MAYOR DALE: Well, they talk about it, 15 sure, they've gone through as many points as they 16 could. 17 MS. REISCHMANN: And they are totally- - 18 CHAIRMAN MAYOR DALE: Sure they have and they 19 have also talked about decreased property values. 20 MS. REISCHMANN: And at trial- - 21 CHAIRMAN MAYOR DALE: But a smart Attorney 22 like Mike Jones is going to say the reason the 23 property value is decreased, not just based on the 24 merits of the non - residential use; the fact that 25 there is no parking. And they're going to be S C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 31 • 1 parking all over our places. 2 MS. REISCHMANN: But that's what they've got to 3 focus on. And I think they've gone way beyond that. 4 And I think that the appellate action, the 5 certiorari action is the one that really would be 6 difficult. 7 The other one would be much more expensive; 8 but it is a battle of the experts. 9 And usually when you have a battle of the 10 experts, when you've got the burden of proof in your 11 favor you win. 12 So, they are two different kinds of cases. 13 CHAIRMAN MAYOR DALE: Velma, you acted like 14 you wanted to say something? 15 COMMISSIONER WILLIAMS: Well, I have a 16 response, but I just wanted to make a statement with 17 reference to something. 18 I think it was along the lines of what 19 Commissioner McClanahan makes reference to. 20 I realize what is there. And if that is the 21 most important thing and the reason for which they 22 are filing the lawsuit - -I would like to ask a 23 question regarding the things that I heard during 24 the City Commission Meeting and the statements that 25 have been made in the paper. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 32 1 Which they didn't mention anything more than 2 just, just the parking, also; but I- -And so, does 3 that come into play at any point? 4 Even though, as I said, and they are stating 5 here; and they have, you know, they don't say that 6 there specifically; but they're talking about the 7 crime, they talk about me, they talk about - -There 8 are a lot of things they talk about in terms of the 9 property value and the crime and all of those kind 10 of things. And some of them actually say, you know, 11 it has nothing to do with parking. 12 It's the crime, it's the kind of people who are 13 there, all of those kinds of things. Although I'm 14 saying that that, the lawsuit does not state that. 15 It states, it gives another reason. 16 But those things have actually been stated. 17 MR. COLBERT: Well, the Court is not going to 18 be persuaded or permit things that have been said 19 outside this lawsuit to be considered as evidence. 20 And if people have been quoted in the paper or 21 if they've been, you know, written letters to 22 editors of if they made other statements not in 23 connection with this lawsuit and not part of the 24 record, the Court isn't going to get into that 25 aspect of it. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 33 • 1 I could see that if we go under the Verified 2 Complaint and what has been referred to earlier as 3 kind of a shotgun approach, I could see, you know, 4 in a trial de novo, where some evidence may be 5 proffered to the Court about property values or 6 other things as it relates to the Development Order 7 and the effect on these folks. 8 We would be trying to contain or eliminate 9 that. And I don't know where the Court would come 10 from in that aspect of it. 11 So, I guess I've just given you a lawyer -like 12 answer, but that is probably what my job is. • 13 COMMISSIONER WILLIAMS: Another question I'm 14 going to ask for clarification purposes, lack of 15 knowing about this aspect, a question about, you 16 know, boundary lines, you know, there are 17 restaurants, there are a couple of clubs; and they 18 don't have their own parking. 19 MR. COLBERT: Yes. 20 COMMISSIONER WILLIAMS: Okay. And they are in 21 the same, I guess, zone. So, how does that differ? 22 How is that different? 23 MR. COLBERT: Well, you know, one of our 24 arguments is that - -that too is, again, a lawyer - 25 like answer. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 34 1 But there are restaurants, too, in the downtown 2 area that don't have parking. 3 And we will present, should we need to, some of 4 that to the Court for the Court also to consider. 5 The City had an ordinance that relates to the 6 direct downtown area and recognizes the lack of 7 parking in the downtown area. 8 And it either provides an eight hundred or a 9 thousand -foot distance requirement like to public 10 parking, a parking lot or something. 11 And if the business is within that distance, my 12 recollection is that, that by action of the • 13 Commission previously, those parking places are 14 considered and counted that people can access the 15 restaurants through the use of public parking. 16 So that cuts both ways. 17 COMMISSIONER WILLIAMS: But that particular 18 restaurant, where she is located is not considered 19 downtown. It is just a commercial -- 20 MR. COLBERT: It is not within that distance- - 21 CHAIRMAN MAYOR DALE: If it is not within the 22 provisions of that ordinance, then, the Land 23 Development Regulations, you know, ordinance, 24 distance- - 25 MR. COLBERT: It is not within a public parking • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I • 35 1 lot, yes. 2 COMMISSIONER WILLIAMS: is not within that 3 distance. 4 CHAIRMAN MAYOR DALE: Well, it's in the SC -3 5 Zone, but it's not in the area where - -See, we had 6 designated parking downtown at public, we have 7 designated public parking for those businesses in 8 the downtown area, on all the parking lots, as well 9 as on- street parking. 10 But we haven't done that within eight hundred 11 feet of the building that she has. 12 COMMISSIONER WILLIAMS: The downtown district. • 13 CHAIRMAN MAYOR DALE: Right. It doesn't fall 14 within the parameter - -and that's going to be their 15 argument before the Judge, see. 16 That does not apply to this. 17 COMMISSIONER WILLIAMS: I question, though- - 18 MR. COLBERT: And we don't have to fall on our 19 sword and say, you know, you lose because of that; 20 but there are some arguments that we make to relate 21 it to the downtown area; but in truth and in fact 22 the City has treated them differently and recognized 23 it differently in an ordinance; and has not 24 designated something where that one is. 25 And that is a legal distinction that the Court • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 36 • 1 can and probably will recognize. 2 COMMISSIONER WILLIAMS: Okay. Another question 3 is, okay, when, as a City Commissioner, okay, what 4 are some of the factors that I should consider when 5 contemplating a variance for someone? 6 MR. COLBERT: Okay. When you are contemplating 7 a variance, the City already has rules in effect of 8 when a variance can be granted. 9 And those are...those relate to whatever kind 10 of variance there is. 11 In other words, there are dimensional 12 variances, there are other kind of variances. • 13 And the City Code sets those out. What we're 14 looking at here is what is called a dimensional 15 variance. 16 And the six elements are whether or not special 17 circumstances exist on this particular piece of 18 property. 19 Special conditions and circumstances that are 20 not the action of the applicant. 21 In other words, the applicant has not created a 22 hardship themself. 23 Whether the granting of that variance will 24 confer any special benefit... 25 COMMISSIONER WILLIAMS: To the individual or to C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 37 1 the agency? 2 MR. COLBERT: To the applicant, whoever that 3 is. 4 COMMISSIONER WILLIAMS: Okay. 5 MR. COLBERT: In this case it would be Seminole 6 Enterprises or whatever. 7 CHAIRMAN MAYOR DALE: Or to the property. 8 MR. COLBERT: Yes. Whether the literal 9 interpretation of the ordinance would deprive the 10 applicant of rights normally enjoyed by others. 11 Whether the variance is the minimum variance 12 required to accomplish what they need. • 13 And whether the variance would be in harmony 14 with the surrounding area- - 15 COMMISSIONER WILLIAMS: The surrounding area 16 being a lot of warehouses, for example, there are 17 warehouses and that type of thing around this 18 particular area. 19 MR. COLBERT: Well, there is -- 20 COMMISSIONER WILLIAMS: Or are you talking 21 about the whole historic district? Are you talking 22 about the whole, the entire historic district? 23 MR. COLBERT: The harmony really talked about 24 in the ordinance is the harmony with the general 25 intent and purpose of the ordinance. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 38 1 But you look at an area and you look at the 2 surrounding area. I don't think there are any 3 different standards that really set it out 4 But out there you have kind of a mixed area 5 that includes residences; it includes the, well, 6 the Jaycee Park about a block away. 7 It includes some warehouses and a railroad. 8 But it's a mixed area. It is not one particular 9 thing. 10 Those elements relate to a dimensional 11 variance. 12 There are other elements that relate to other • 13 variances. 14 And actually, to answer your question, I was 15 looking back at the Complaint, because they were 16 gracious enough to list those in the Complaint. 17 There are some things that we as City Attorneys 18 can argue against each of those. 19 The Court will be asked to decide whether these 20 elements existed or not when it makes its decision. 21 CHAIRMAN MAYOR DALE: May I see the Complaint? 22 MR. COLBERT: Sure. There are things that are 23 highlighted. 24 CHAIRMAN MAYOR DALE: Because you remember, 25 every meeting you kept saying, you know, "I don't • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 39 • 1 want to do anything illegal." 2 And I'm not saying this is illegal. And I kept 3 saying You need to -- 4 COMMISSIONER WILLIAMS: I understood what you 5 said. I know what the six were. 6 CHAIRMAN MAYOR DALE: Each one of them, one 7 through six- - 8 COMMISSIONER WILLIAMS: I know what the six 9 were. 10 CHAIRMAN MAYOR DALE: Right. But we didn't- - 11 COMMISSIONER WILLIAMS: Okay. I know what the 12 six were. I'm asking the Attorney, I'm asking for 13 clarification, not because I don't understand it. 14 CHAIRMAN MAYOR DALE: But there are other 15 elements- - 16 COMMISSIONER WILLIAMS: It's something I can 17 understand. 18 CHAIRMAN MAYOR DALE: There are other elements 19 in the Complaint that now there is a lawsuit, I 20 guess. 21 That they - -Where is that? Or there are other 22 allegations that they're talking about. 23 They're talking about some of our Comp, our 24 Comprehensive Plan requirements that requires, you 25 know, people to meet the Land Development • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 Regulations. 40 2 Talking about the traffic, you know, 3 circulation requirements, a minimum automobile 4 offstreet parking requirements, the six guidelines 5 that we should have gone by when we granted the 6 variance. 7 COMMISSIONER WILLIAMS: Let me ask you this: 8 MR. COLBERT: Yes. 9 COMMISSIONER WILLIAMS: These are the six 10 guidelines that we should have gone by? Are those, 11 can some of those relate back to a subjective 12 standpoint as opposed to, you know, you have to have • 13 concrete evidence...you know, concrete evidence 14 that, number one, this does exist, that doesn't 15 exist? 16 Number two, it does or it doesn't, it can kind 17 of be subjective in terms of who is looking at it? 18 in terms of, you know, what your mindset is or what 19 you bring to that? 20 Or what you think about where it's located or 21 what is surrounding it, that type of thing? 22 MR. COLBERT: Well, there needs to be some 23 evidence in the record from which the Commission can 24 draw the conclusion that each of those elements are 25 met. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 41 • 1 That does not mean, to your words, that it has 2 to be in concrete, where...where you hold out the 3 list and you hold out things and you say It meets 4 this, it meets this, it meets this...it meets this. 5 You don't have to go through that detail and 6 exercise to come to that conclusion. 7 But as Lawyers, the clearer it is, the easier 8 our job is to defend you. 9 Our job in defending this suit is to go back 10 now through the record and find elements which we 11 can in good faith say to the Judge meet these 12 requirements. 410 13 And we think there are some there. We wish 14 they were clearer and more in concrete. 15 But you do that in every case. 16 COMMISSIONER WILLIAMS: Yes. 17 MR. COLBERT: You know, when you sit and have 18 twenty- twenty hindsight you say, well, you know, it 19 would have been nice if this had happened or that 20 had happened or the other. 21 But we're not here saying that we cannot defend 22 this case or that we will not defend this case or 23 that we will absolutely lose the case. 24 We are saying it's difficult, number one. 25 Number two, it is probably going to take a long • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 42 • 1 time. 2 Number three, right now all the parties are not 3 in it. 4 And we're asking if...if you want us to see 5 about facilitating a temporary injunction and try 6 and get the parties together and try and get it 7 resolved and short - circuit it. I don't know why 8 that got stumbled there. 9 But - -And try to get it resolved and move on. 10 And I don't know that it will get resolved. 11 But it is probably worth the effort to do that. 12 COMMISSIONER WILLIAMS: One more question. • 13 MR. COLBERT: Yes. 14 COMMISSIONER WILLIAMS: In reference to Ms. 15 Metts: Somebody has reached a conclusion that, that 16 she is not willing to mediate or something. 17 Somebody has reached that conclusion. And I 18 think I heard you say, well, you have not talked to 19 her; so you don't know whether she is willing or 20 not. 21 MR. COLBERT: Yes. 22 COMMISSIONER WILLIAMS: Would it be 23 inappropriate or illegal, you know, for you to talk, 24 to go see her and talk with her and see if she would 25 be willing to mediate, you know, engage in the legal • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 43 • 1 issues? 2 MR. COLBERT: As long as she is not represented 3 by counsel it is legal for me to talk to her. 4 If she ever gets counsel then I cannot talk to 5 her at all. 6 COMMISSIONER WILLIAMS: Yes, I was just 7 wondering. 8 MR. COLBERT: The City Manager has already done 9 that; and he already has her answer. I doubt that 10 I could charm her anymore than he could and get a 11 different answer from her. 12 But to answer your question, we could do that. • 13 COMMISSIONER VELMA WILLIAMS: Well, I was just 14 thinking, as an Attorney, you know, sometimes 15 understanding what the ramifications are, looking at 16 the advantages and disadvantages sometimes...just a 17 thought I had. 18 MR. COLBERT: Well, if she says No, we're right 19 back to where we are today, and that is -- 20 CHAIRMAN MAYOR DALE: And she has said No, to 21 my understanding. 22 Here is what we did at the last meeting that we 23 discussed this, took official action: 24 Number one, we denied the allegations. 25 MR. COLBERT: Yes. III C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 44 • 1 CHAIRMAN MAYOR DALE: On a three -two vote. So 2 that this would be filed as a lawsuit so we could 3 get to this point. 4 And number two, we authorized the City Manager 5 to go have discussions with her to see if she would - 6 - -I forget how it was worded in the minutes - -join 7 with us in the defense. 8 TONY VAN DERWORP: Right. 9 CHAIRMAN MAYOR DALE: Tony has done that. She 10 has said...? 11 TONY VAN DERWORP: Well, she said at this time 12 she has no funds to assist in the legal defense. • 13 CHAIRMAN MAYOR DALE: Okay. So she said No. 14 Okay. 15 COMMISSIONER VELMA WILLIAMS: Well, does it -- 16 CHAIRMAN MAYOR DALE: We also went to her and 17 asked her if she would delay opening at the request 18 of the other side, because they said they- - 19 anyway...and she said...? 20 TONY VAN DERWORP: No. 21 CHAIRMAN MAYOR DALE: No. Okay. You also 22 asked her if there was any way that we could solve 23 this without a lawsuit. 24 And she said...? 25 TONY VAN DERWORP: I asked her about what kind • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 of settlement options she might offer if we get 45 2 into, into that point. 3 And quote- unquote, you know, the only thing 4 that would matter, that would be necessary would be 5 for her not to serve meals, in her mind, from the 6 other side. 7 And she is not willing to do that. And she did 8 say that maybe making some progress on the railroad 9 might change things. 10 CHAIRMAN MAYOR DALE: Yes, but she's looking to 11 others to do that for her. She is not going to, she 12 is not proceeding with that. • 13 COMMISSIONER VELMA WILLIAMS: Well, what- - 14 TONY VAN DERWORP: Well, that particular 15 aspect- - 16 COMMISSIONER VELMA WILLIAMS: Is there an 17 advantage with the Attorney talking with her? I 18 mean what- - 19 CHAIRMAN MAYOR DALE: Well, it's dangerous 20 ground, I think- - 21 COMMISSIONER VELMA WILLIAMS: Okay. Well, 1 -- 22 CHAIRMAN MAYOR DALE: Because she is...she is 23 represented by the Legal Aid Society. 24 COMMISSIONER Mc CLANAHAN: Legal Aid Services, 25 isn't it? C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 46 • 1 TONY VAN DERWORP: Yes, Central Florida Legal 2 Services. 3 CHAIRMAN MAYOR DALE: Well, whatever it is. I 4 mean they have been with her and side -by -side with 5 her. 6 I mean, to me, it is dangerous ground for us to 7 do that. 8 COMMISSIONER VELMA WILLIAMS: Yes, but if she 9 has legal representation- - 10 I'm thinking about this possibly helping, I don't 11 know. 12 CHAIRMAN MAYOR DALE: Well, it worried me that III 13 it would be sort of dangerous if she comes back and 14 now says that, "I didn't have legal representation 15 pro bono; but I did have...you should have..." I 16 mean Trina Kaye and others have been with her right 17 through this thing and advised her. 18 COMMISSIONER VELMA WILLIAMS: Well, I don't 19 think she understands all of it there. I could be 20 wrong. She might not understand all of the legal 21 ramifications. 22 I'm not saying that she doesn't- -Well, what way 23 do you recommend that we get to the point that we 24 would probably...what would you say how we can reach 25 our objectives in mediation...What would you suggest 110 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 47 1 that we need to do to do that? 2 Are you saying we just forget about it or are 3 you saying because she says that to Tony or to 4 whomever, that we should just forget that about the 5 mediation? 6 CHAIRMAN MAYOR DALE: I'm not saying anything. 7 I'm just playing the devil's advocate and saying 8 that so far she has - -We instructed Tony to go talk 9 to her. 10 He did. He came back with her answer so far. 11 That, No, I don't have any money, and don't have 12 any pro bono defense- - • 13 COMMISSIONER VELMA WILLIAMS: Well, she said 14 that at the meeting, you know, she said that. 15 CHAIRMAN MAYOR DALE: And she said, "I don't 16 have any settlement offers to make and No, I am not 17 willing to open at a later date." 18 So, the things that we asked Tony to go discuss 19 with her, her answers have been No. 20 TONY VAN DERWORP: And I talked with her 21 beforehand about, you know, we're in the middle of a 22 lawsuit; and there is a Development Order and under 23 Development Orders the City normally seeks to have 24 assistance with the Applicant for costs and 25 litigating. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 48 1 And given the fact that we do have a potential 2 mediation or settlement ability in this case, Are 3 there any settlement ideas or thoughts that she has 4 right now? 5 And that's where she said that, you know, the 6 only thing that would help would be not to serve 7 meals. 8 And she is not willing to do that. But then 9 she did add about the parking spaces and the 10 railroad. 11 CHAIRMAN MAYOR DALE: Well, that gets back to 12 what I said a while ago. That is a What -If, and • 13 that we can't rely on. 14 TONY VAN DERWORP: Railroads are very 15 difficult...you usually end up buying the property 16 instead of getting rights, et cetera, unless there 17 is a -- 18 CHAIRMAN MAYOR DALE: Well, they will lease it. 19 I think they offered to lease it to her. 20 But there again, she said she didn't have the 21 money to lease it. 22 That is what she told us at the public meeting. 23 So I don't think we can, I mean if it goes to 24 mediation I don't think we can tie it up. 25 I don't think the other side would be willing C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 49 • 1 to, because it might take five years, ten years to 2 get that negotiated with the railroad. 3 I don't think they're going to be willing to 4 accept that as a term. 5 COMMISSIONER VELMA WILLIAMS: Well, I didn't 6 say what. I was just thinking about mediation, even 7 though I didn't, there wasn't anything special that 8 I was thinking about. 9 CHAIRMAN MAYOR DALE: Well, do you..let me ask 10 you this: Considering that it is a Development 11 Order, if we were to go to her and say, you know, 12 We'll defend it if you join us but if you don't we • 13 won't? 14 Would she have action against us to, you think, 15 because we didn't defend solely with the taxpayers' 16 nickel, even though it was for her benefit and that 17 is the normal to do? 18 MR. COLBERT: Well, you're going to get a 19 lawyer -like answer. 20 I keep saying that. I learned in law school 21 that people can file lawsuits for any reason any 22 time they want to. 23 CHAIRMAN MAYOR DALE: I've learned that in the 24 school of hard knocks. 25 MR. COLBERT: Yes. And certainly they could • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 r 50 • 1 file a lawsuit. Could they succeed in getting 2 something against the City if the City chose not to 3 join - -not to defend the lawsuit because they would 4 not participate? 5 That is your real question. And my answer is 6 Probably not. 7 But I've seen stranger things happen. And if 8 they are a party and we attempt to mediate and then 9 they become the stumbling block in the mediation, 10 there is another layer that helps insulate the City 11 from that possibility, which I have a greater 12 comfort level with. Do you follow what I'm saying? 13 CHAIRMAN MAYOR DALE: Yes, umm -hmm. 14 MS. REISCHMANN: If I could just add, too: If 15 you approach the party and we move to mediate and 16 mediation is set by the Court and she doesn't 17 appear, then there are penalties for that. 18 And her pleadings could be struck. She could 19 basically have judgment entered against her. 20 And the other thing about mediation is that you 21 have a very qualified person, basically more 22 qualified that a judge. 23 And in many instances he can explain to her 24 what the case is about. And exactly what you're 25 saying, that, you know, she doesn't understand all C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 51 • 1 the legalities. 2 And she would at the end of mediation. 3 CHAIRMAN MAYOR DALE: Provided we get her 4 there. Provided the other side brings her into 5 this. 6 MS. REISCHMANN: I think they will in this case 7 or they could. 8 CHAIRMAN MAYOR DALE: But they may not. 9 MS. REISCHMANN: And the other...the other 10 factor you have here is, you're talking about 11 mediation under the case that is consistent with the 12 Comp Plan Case. You can't mediate the appeal. • 13 So, you've got a little bit of a technicality 14 there, too. 15 MR. COLBERT: But it's our understanding- - 16 correct me if I'm wrong. 17 It is our understanding from discussions with 18 the Plaintiffs' Attorney that they would abate the 19 certiorari proceeding, they would be willing to 20 abate the certiorari proceeding, would join Ms. 21 Metts' organization as a party- defendant. 22 And they would agree to go to mediation early 23 in the lawsuit if the City was willing to do that. 24 Are those all correct statements or have I 25 assumed too much? • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 52 • 1 MS. REISCHMANN: Everything is correct up to 2 the mediation. I think there is some concern on the 3 Plaintiffs' part about the expense of mediation. 4 But I think that if everything else is in 5 place, including a temporary injunction, which is 6 their main concern, that we could get all the 7 parties to mediation. 8 MR. COLBERT: Okay. 9 CHAIRMAN MAYOR DALE: Tony, you had your hand 10 up on that. Did you have something to say? 11 TONY VAN DERWORP: That was the question I had, 12 was How do they get them as a party? 13 CHAIRMAN MAYOR DALE: Well, the other side 14 would have to get her to be a party. 15 MS. REISCHMANN: Generally you have an 16 applicant who willingly intervenes in a case like 17 this. 18 CHAIRMAN MAYOR DALE: Well, that's what I say. 19 That is the norm in a Development Order position. 20 That's why I asked the question. 21 That being the norm, if we just went back to 22 her and said Okay, we're ready to defend it provided 23 you join us; if you don't, you know, we're just 24 going to let it take its course. 25 MR. COLBERT: In the normal scenario, when you 411■ C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 53 1 have a Development Order, you have a developer 2 involved; and they have some things that they- - 3 CHAIRMAN MAYOR DALE: I've been on that side 4 many times. And I know that- - 5 MR. COLBERT: The moment you get served- - 6 CHAIRMAN MAYOR DALE: - -and I've always said 7 Not only will I join you; I'm going to take the 8 lead here. 9 MR. COLBERT: That's right. But, see, we're in 10 a different scenario; and that's why dealing with a 11 different animal you just want to try to protect the 12 City's position as much as you can. 13 That's what my concern is. That's what my 14 responsibility is. 15 COMMISSIONER VELMA WILLIAMS: I would like to 16 ask a question. The next question: Okay. In 17 reference to this matter, if she contested, for 18 whatever reason, sue the City, bring a lawsuit. 19 Could other people, other groups and citizens 20 join Ms. Metts to sue the City? 21 MR. COLBERT: I have to give you the same 22 answer I gave the Mayor a minute ago when he was 23 saying that. 24 Certainly other groups could file a lawsuit 25 against the City for any reason. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 54 • 1 Whether they would have- - 2 COMMISSIONER VELMA WILLIAMS: I thought so. 3 CHAIRMAN MAYOR DALE: They wouldn't have any 4 standing. 5 MR. COLBERT: - -any merit to it, I, I would 6 question their standing; and I don't think they 7 could succeed under any scenario I'm sitting her 8 thinking of. 9 When I was in law school a professor in law 10 school, under the Rules of Civil Procedure, burned 11 it into my brain as a freshman law school student 12 when he said, "I could go to the courthouse today • 13 with a jackass over my shoulder and tell the Clerk 14 to file it; and they would have to file it." 15 So, anybody could file a lawsuit. The question 16 he taught me is: Can somebody successfully recover 17 from you? 18 And that's what lawsuits are about. And- - 19 COMMISSIONER VELMA WILLIAMS: They couldn't 20 join her but they could go down and file a new one, 21 just go down and file their own lawsuit? 22 CHAIRMAN MAYOR DALE: Well, not anybody would 23 have standing to file a suit over this, other than- - 24 MR. COLBERT: Well, it's hard for me to see 25 where someone could have standing; but I could not • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 55 • 1 tell you that someone may not try. Is that a fair 2 answer? 3 COMMISSIONER VELMA WILLIAMS: Yes, I think 4 that's fair. 5 COMMISSIONER LESSARD: Katie, did you know you 6 could file a jackass? 7 MR. COLBERT: I may have just taught everybody 8 something. 9 COMMISSIONER LESSARD: Why don't you amend your 10 Code? 11 MS. REISCHMANN: Well, yes, you can file 12 anything you want. File a jackass. That's the kind 13 of thing that concerns me. 14 MR. COLBERT: The professor's name was Mr. 15 Phillips. 16 I thought he was a doctor but he was not a 17 doctor. 18 CHAIRMAN MAYOR DALE: Where was that, Bill? 19 MR. COLBERT: At FSU. 20 CHAIRMAN MAYOR DALE: Is that right? 21 MR. COLBERT: In my freshman year in law school 22 in 1968- -1967, I'm sorry. 23 CHAIRMAN MAYOR DALE: How about that? 24 MR. COLBERT: He's dead now. 25 CHAIRMAN MAYOR DALE: He wasn't from Baton • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 56 • 1 Rouge, Louisiana, by any chance, was he, Bill? 2 MR. COLBERT: Pardon? 3 CHAIRMAN MAYOR DALE: He wasn't from Baton 4 Rouge, Louisiana, by any chance, was he? 5 MR. COLBERT: I don't know where he was from. 6 CHAIRMAN MAYOR DALE: Because I know a lawyer 7 that is dead now that I bought some property from. 8 In fact, it was probably about - -it was...from 9 the Phillips Family that lived in Baton Rouge. 10 Actually, it was in Westminster, Mississippi, 11 but he practiced law in Baton Rouge. 12 MR. COLBERT: He was quite a colorful figure. • 13 CHAIRMAN MAYOR DALE: This guy was a real 14 colorful guy. I just wonder if it was the same guy. 15 MR. COLBERT: It could have been. There are 16 some stories he told us that I couldn't tell on the 17 record, though. 18 CHAIRMAN MAYOR DALE: Okay. Well, here's where 19 we are, then, we have, I mean we denied the 20 allegations. They filed the suit. 21 Tony went back and did what we asked him to do. 22 The answer has come back No at this point. 23 So the question is Do we want to defend this 24 thing on the nickel of the taxpayers or, in my mind, 25 do we want to ask Jean Metts to join us? • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 ■ 57 1 And if she doesn't, what do we want to do? And 2 my inclination is that if she doesn't want to join 3 us, then we're not going to spend any taxpayer 4 dollars on it, because it is solely to her benefit. 5 COMMISSIONER VELMA WILLIAMS: The decision of 6 whether she wants to join us or whether she is 7 referring it to the agencies or -- 8 CHAIRMAN MAYOR DALE: Well, it wouldn't make 9 any difference to me if I was, if I was in my case, 10 I mean I -- 11 COMMISSIONER VELMA WILLIAMS: No, I'm just 12 saying if she doesn't want to join us, just 13 listening to you, I didn't get the feeling that she 14 did not want to join us; but then she did not, she 15 was not financially able to. 16 But it is the same difference. She is still 17 not joining us. 18 CHAIRMAN MAYOR DALE: Well, she still hasn't 19 joined us. 20 COMMISSIONER VELMA WILLIAMS: But that is the 21 feeling I got from you. The bottom line is, you 22 know- - 23 CHAIRMAN MAYOR DALE: I didn't feel that I was 24 financially able to either in those cases but I did 25 anyway. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 58 • 1 COMMISSIONER VELMA WILLIAMS: You know, the 2 bottom line is that she will not be able to join us. 3 TONY VAN DERWORP: She has no funds to join 4 us. 5 COMMISSIONER VELMA WILLIAMS: She has no funds 6 to join us at this point. 7 MR. COLBERT: Does anybody have any more 8 questions of me? 9 CHAIRMAN MAYOR DALE: Well, it sounds to me 10 like you feel pretty certain that they will grant 11 the injunction. I agree with that. 12 But it also sounds to me like you think you • 13 would have a difficult case. Not an impossible case 14 but a difficult case. 15 MR. COLBERT: Fair statement. 16 CHAIRMAN MAYOR DALE: So, what questions do 17 you -all have? 18 Or what direction? Let's hear your comments 19 on which direction you want to go. 20 COMMISSIONER LESSARD: Personally, I think 21 everybody on the Commission knows where I stand on, 22 see, I really, I don't have a problem except for the 23 fact that we're spending tax dollars, well, 24 actually, some of the citizens that are filing suit, 25 you know, all of us, we as a City are spending money • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 59 • 1 to defend something that in my gut I don't think we 2 could prevail in it. 3 If this runs the course, which I think for a 4 sense of closure of the Commission and in the 5 community I would like to see it run its course, you 6 know. 7 I don't think we can prevail. I think Bill's 8 idea about a temporary injunction and whether or not 9 it is contested, and whatever the cheapest way to do 10 that is, try the mediation. 11 Katie brings up a good point. You know, I 12 think in good faith we should try all of those 13 things. 14 I think Seminole Volunteer Enterprises, if the 15 Plaintiff serves her as a Defendant, you know, she's 16 going to have to step up to the plate with the City 17 on it. 18 But to me it would, you know, this thing has 19 been a big deal in this community. 20 And in my opinion we are going to have a very 21 difficult time riding out - -I'm not an attorney- - 22 we're going to have a very difficult time 23 prevailing. 24 So, if I'm right, I think we should try to keep 25 costs down and, you know- - C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 60 1 CHAIRMAN MAYOR DALE: What would mediation 2 cost? 3 MR. COLBERT: The parties would need, the 4 Court, if we went to mediation, would require the 5 parties, whoever they are, normally, to share 6 normally in the cost of mediation. 7 And a mediator would charge anywhere from a 8 hundred and fifty to two hundred dollars an hour. 9 And mediation would last anywhere probably from a 10 half a day to a day. 11 That would be a cost direct associated with 12 that. 13 For us to get ready to mediate, we would have 14 to make some preparation. 15 But in my opinion we could probably get ready 16 and go to mediation for less than five thousand 17 dollars, I think. 18 And- - 19 CHAIRMAN MAYOR DALE: So five or six thousand 20 dollars? 21 MR. COLBERT: Probably in that range. Versus 22 several times that getting ready for the trial and- - 23 CHAIRMAN MAYOR DALE: Well, if mediation fails 24 we'll go on to trial anyway, I would say. 25 MR. COLBERT: Yes. Well, yes...there would be C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 61 1 two avenues if mediation fails, to go to trial. 2 One would be to try to see if we could have a 3 stipulated set of facts to shortcut discovery and 4 that kind of thing and submit to the court some type 5 of stipulated set of facts for a judicial decision. 6 CHAIRMAN MAYOR DALE: Of course, they would 7 have to agree to stipulate, too, isn't that correct? 8 MR. COLBERT: The parties would, yes. And the 9 other way is to just get ready and go to it. And 10 that is the most expensive way. 11 As Katie said, one of these is the battle of 12 the experts. And that would be the most expensive 13 way. 14 TONY VAN DERWORP: Couldn't there be a third 15 option, and if we get through and we don't find that 16 we can get anything offered from the parties at 17 settlement, to come back to this Commission and say 18 Do we really want to defend this case or not? 19 MR. COLBERT: And that is...that is an option. 20 And we may be more comfortable from a legal 21 standpoint, having gone through mediation and seeing 22 where the parties are and where they are not. 23 Of being more comfortable with that option. 24 CHAIRMAN MAYOR DALE: Does it cost the party 25 that benefits from it anything to go to mediation? • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 r 62 • 1 MR. COLBERT: I beg your pardon? 2 CHAIRMAN MAYOR DALE: Does it cost Jean Metts 3 anything to go to mediation? 4 MR. COLBERT: If she's a party, the Court 5 normally requires the parties to split the cost of 6 the mediator's fee. 7 CHAIRMAN MAYOR DALE: So basically what we're 8 saying is Unless she is named as a party we're 9 probably not going to mediation? 10 MR. COLBERT: Probably not. 11 CHAIRMAN MAYOR DALE: And how soon would 12 mediation occur, do you think? • 13 MR. COLBERT: Probably within sixty days. Is 14 that a fair statement? 15 MS. REISCHMANN: That is fair. If you can get 16 a hearing officer, a mediator on it. 17 CHAIRMAN MAYOR DALE: But in the meantime 18 they're going to still seek this injunction. 19 MR. COLBERT: Yes, I would expect that the 20 injunction would be entered or at least heard by the 21 Court in the next couple of weeks. Prior to the 22 fourteenth of February. 23 COMMISSIONER LESSARD: But, Bill, I thought you 24 were saying something about you can accept the 25 injunction or something where we wouldn't be • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 63 1 spending money to defend against an injunction that 2 you were saying you think they're going to get? 3 MR. COLBERT: Yes, if you -all authorize us to 4 either not contest or to agree to the imposition of 5 an injunction, we still would probably wind up going 6 to a hearing; but we would not be doing exhaustive 7 research and trying to defend against an 8 injunction. 9 COMMISSIONER LESSARD: Right. 10 MR. COLBERT: And incurring additional fees 11 doing that. 12 CHAIRMAN MAYOR DALE: You mean if we just 13 volunteered to say Okay we'll study this thing? 14 MR. COLBERT: If the instruction from the 15 Commission would be for us as legal counsel to not 16 oppose the entry of an injunction and to seek 17 mediation. 18 That would short -cut some of the things that we 19 would have to do go get- - 20 CHAIRMAN MAYOR DALE: Would Jean Metts have a 21 case against us if we did that? 22 MR. COLBERT: No. 23 CHAIRMAN MAYOR DALE: We wouldn't, if it 24 prevented her from opening? 25 MR. COLBERT: I think what we would be saying C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 64 • 1 is that we are willing as a City to preserve the 2 status quo, for the Court to look at all of the 3 allegations and reach a decision on the merits. 4 And I don't think that that exposes us, by 5 itself, to any attorneys' fees and court costs or 6 damages. 7 CHAIRMAN MAYOR DALE: Mac, any comments? 8 COMMISSIONER McCLANAHAN: No. 9 CHAIRMAN MAYOR DALE: Any comments, Velma? 10 COMMISSIONER VELMA WILLIAMS: No. 11 CHAIRMAN MAYOR DALE: Whitey? 12 COMMISSIONER ECKSTEIN: Yes, I have a solution, • 13 hopefully. 14 The...When this matter came before us as a City 15 Commission there were a couple of things that, as I 16 was sitting there I was not aware of. 17 One I did become aware of and the other one I 18 still haven't. I'm waiting for the City Manager to 19 give me that answer. 20 And I haven't heard from him yet. The first 21 one was that she came to the meeting saying that she 22 had, if I remember correctly, twelve parking 23 spaces. 24 Through Larry Dale's interrogation it was soon 25 determined, or after a while that she had none. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 65 I had committed to this variance waiver; and 2 like Larry said, that parking was a big part of my 3 consideration. 4 In fact, if you -all remember, before we took 5 the vote and the question was called Mrs. Metts 6 agreed and the City had asked her that she would try 7 to get the railroad to agree to give her these 8 parking spaces. 9 Having been on the record and having said that 10 I supported her, not being totally clear on how many 11 parking...how many parking spaces there were, I felt 12 in a position that I would have to go by my promises • 13 to various people that I would support her. 14 The second thing I was not aware of, and I'm 15 going to ask Tony right now, because you've had 16 plenty of time: 17 How much money does she get for running this 18 operation? Could you answer that? 19 TONY VAN DERWORP: A net with salary or was 20 that operational money? 21 COMMISSIONER ECKSTEIN: Well, no, not 22 operational; I know what the operational money is. 23 I'm talking about salary. 24 TONY VAN DERWORP: Well, I didn't check into 25 her salary. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 0 66 1 COMMISSIONER ECKSTEIN: Now, I've asked you a 2 month ago to talk to Buddy Lelaze (All names spelled 3 phonetically) and other people and you have not done 4 that. Okay- - 5 TONY VAN DERWORP: I called Buddy to find out 6 if he knew- - 7 COMMISSIONER ECKSTEIN: Or Daryl McLain or 8 somebody could get you an answer. So -- 9 CHAIRMAN MAYOR DALE: I did that. Do you want 10 the answer? 11 COMMISSIONER ECKSTEIN: Yes. 12 CHAIRMAN MAYOR DALE: I did check into it. 410 13 COMMISSIONER ECKSTEIN: Thank you. 14 CHAIRMAN MAYOR DALE: And Daryl talked with 15 Buddy. 16 COMMISSIONER ECKSTEIN: See? Thank you. And 17 that's what I told you to do. 18 CHAIRMAN MAYOR DALE: And he called my office. 19 And she makes thirty thousand dollars. 20 COMMISSIONER ECKSTEIN: Thank you. 21 CHAIRMAN MAYOR DALE: And she pays her 22 daughter -in -law. 23 COMMISSIONER ECKSTEIN: Thank you. 24 CHAIRMAN MAYOR DALE: X amount of thousand 25 dollars. And that figure Buddy was going to get II/ C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 67 410 1 back to me; but he didn't. 2 So she and her daughter -in -law are both being 3 paid from the funds she receives from the grant. 4 COMMISSIONER ECKSTEIN: That's what I read. 5 And, Tony, I'm a little disappointed that you 6 haven't, didn't get that information to me, because 7 while I was sitting there voting for this thing I, 8 at the time, parking was going through my mind. 9 But also, the question of self- interest. You 10 know, voting on this issue was based on helping the 11 community and having a volunteer organization coming 12 into the City, which a community can accept a lot 13 more easily sometimes than someone doing something 14 for profit. 15 And I think Ms. Metts is profiting by this; 16 and I think she is being rather recalcitrant in 17 trying to offer any type of mediation or compromise 18 because she would lose that salary. 19 I have offered and I've said and I've stated 20 publicly for the record and the newspaper that she 21 should maybe prepare her meals and have them 22 delivered somewhere else. 23 And that is what eventually I'm going to offer 24 Ms. Metts, because I'll tell you what I'm going to 25 do: 110 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 68 • 1 What I'm going to do is, I'm going to...and I 2 hope for the sake of the City that I will go and be 3 prepared to go at the next meeting and, under the 4 rules of Robert's or what - have -you, the prevailing 5 side, and change my vote against Ms. Metts trying to 6 support that with -- having voted on that evidence, I 7 was not being negligent; it was just a time when 8 you, you just...there is no moment where you can go 9 out and settle some of these things on your 10 own...already being committed to the parking spaces 11 that were there, already understanding that she 12 would, you know, that she would try to get the 13 parking added to the twelve that she had or whatever 14 or she didn't have. 15 And I would be willing to make a motion there 16 to overturn this decision. 17 Now, bearing that in mind, I would hope that 18 maybe Ms. Metts, in trying to save, hopefully, to 19 feed a hundred people, maybe even more now, that she 20 would try to transport this food somewhere else, 21 caring for these people; and make her, you know, 22 and I think trying to make her understand that, you 23 know, if you don't do this you're going to lose this 24 income for you and your daughter -in -law; and 25 hopefully that she would use that as a conduit for . C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 69 1 delivering food some place already serving these 2 needs, like the Salvation Army. 3 So, I'm throwing this out for somebody...you 4 can tear me apart and - -but I've thought this over 5 for a long, long time. And I think that the best 6 way for the City to go is...is to say...and I'll 7 take the blunt of it, that I, as a City 8 Commisisoner, really in granting this variance, was 9 looking at the parking that she said she had, versus 10 the Mayor saying she had none. 11 She admitted she had none. I was already 12 committed to this vote. Also, I was also thinking 410 13 that she was not getting paid for this type of - -and 14 I think that makes a difference in how you look at 15 the programs, at these agencies and what they're 16 trying to provide. 17 So I'm going to throw that out. And see what 18 you guys have to say. 19 CHAIRMAN MAYOR DALE: Well, Bill, I think, 20 wants to say something. And I think I know what 21 he's going to say; but I'll leave it to him to say. 22 MR. COLBERT: Two things: I appreciate very 23 much what Commissioner Eckstein has said. And I 24 understand what he said and the sincerity of what he 25 said. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 70 1 I have to look at it from a legal standpoint. 2 And I need to throw out a couple of legal 3 issues. 4 COMMISSIONER ECKSTEIN: Oh, let me interrupt 5 you. 6 MR. COLBERT: Yes, sir. 7 COMMISSIONER ECKSTEIN: One second. 8 MR. COLBERT: Certainly. 9 COMMISSIONER ECKSTEIN: What I've agreed, 10 if...if she agrees to move well pay her expenses of 11 moving her ovens if she goes some place. 12 I'm aware that she already has incurred • 13 expenses. Okay? In setting this place up. 14 And I know she could sue us in light of this 15 decision. Now, I don't know if she can prove all of 16 these things that she put in there for the last two 17 weeks; I think anything before a certain date was 18 premature on her part. 19 And I don't think she would be allowed to 20 collect that. But be that as it may, I would rather 21 pay her for whatever she did, depending on our 22 decision or whatever. 23 And I think that's the - -and trying to find a 24 place for her to locate and all that. Bearing in 25 mind that she could sue us. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 71 1 I don't think there is a whole lot she could 2 collect. She could collect some. 3 But I think it would avoid a whole bunch of...I 4 think it's a win -win situation; because the City 5 Commission is sensitive to feeding hungry people. 6 But the City Commission is also sensitive that 7 this is...that this has gone into something where 8 the taxpayers are going to have to pay a lot of 9 money. 10 And chances are nothing is going to be settled 11 a year or two from now; and I think it puts us 12 more, even more in a vulnerable position. • 13 I think this brings this to a conclusion real 14 quick. And if she wants to sue us for these things, 15 fine; but also remember that she is getting paid. 16 And I think she would be willing to listen. I 17 think we have a little bit of clout as far as her 18 income is concerned and her son -in -law's income or 19 her daughter -in -law's income. 20 And I'm sorry for interrupting. But I had to -- 21 MR. COLBERT: No, that's all right. I wanted 22 you to have an opportunity- - 23 COMMISSIONER ECKSTEIN: Right. 24 MR. COLBERT: - -to express your position. 25 COMMISISONER ECKSTEIN: I wrote that down, by 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 72 • 1 the way. I didn't make that up. 2 MR. COLBERT: You know, the whole purpose of 3 our being here is to have discussion and for us to 4 get into it. 5 But in getting into it we need to give input 6 from a legal standpoint. 7 And what I was going to say is I appreciate 8 what you had to say. 9 And I understand where you're coming from. 10 There are a couple of legal implications there that 11 I need to apprise you and the whole Commission on. 12 One, you mentioned Roberts' Rules of Order. • 13 And a motion to reconsider under Roberts' Rules of 14 Order does have to be made by a person on the 15 prevailing side. 16 The other part of that is, it needs to be made 17 at the next meeting. 18 COMMISSIONER ECKSTEIN: I said that. 19 MR. COLBERT: No, I mean at the next meeting 20 after the original action was taken. 21 And there have been several meetings of the 22 Commission more than thirty days- - 23 CHAIRMAN MAYOR DALE: I don't know that that is 24 a set tee, though, because I brought this up to MPO, 25 where they reconsidered a motion a month after they • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 73 did it; and I brought it up and the Attorney said 2 Well, yeah, that's normally the case; but I'm not 3 too sure that a body can't, I mean they changed 4 their mind and everything...you know, at any time. 5 And so it -- 6 COMMISSIONER ECKSTEIN: Do you have case law to 7 that effect? 8 MR. COLBERT: Well, no, but I am -- 9 CHAIRMAN MAYOR DALE: Yes, but he's right. 10 Normally the case -- either later at the same meeting 11 or at the next regularly held meeting. 12 MR. COLBERT: So, you know, the rest of what I 411 13 was going to say is that...So at least there is an 14 argument of the ability to do that. 15 I do concede that the Commission has some 16 latitude; but there is an argument against that. 17 And we are in litigation. Another thing that 18 concerns me from a legal standpoint is...and I know 19 that you're a man of your word. 20 And I'm not, I don't want you to misunderstand 21 what I'm saying. But by...by saying that you have, 22 that you had committed to some people a particular 23 vote, means, to a lawyer's standpoint, that...that 24 it is subject to attack in a quasi - judicial 25 proceeding; because you had a preconceived idea or III C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 74 • 1 commitment there not based on the record that was 2 there. 3 And so that is another- - 4 COMMISSIONER ECKSTEIN: Yes, and that's what I 5 feel most uncomfortable with because in my mind, 6 when - -and that vote was based on parking that would- 7 - -and you have to admit there was some question 8 about the parking that was going in there. 9 And a reasonable person would say that if there 10 was a question about the parking, even though Ms. 11 Metts says Well, you know, maybe I don't have any 12 parking, and Larry says, you know, and they go back • 13 and forth, because, you know, even the Mayor at one 14 time thought they had twelve parking...it became a 15 question in my mind, and it's awfully hard to 16 reverse yourself, because that came up at, you know, 17 the last part of the meeting. Granted. 18 MR. COLBERT: Yes, but- - 19 COMMISSIONER ECKSTEIN: And I understand what 20 you're saying, is that, yes- - 21 COMMISSIONER McCLANAHAN: Well, within three 22 hundred feet of there you've got at least twelve 23 designated parking spaces. 24 COMMISSIONER ECKSTEIN: And, yes- - 25 MR. COLBERT: Again, what I'm saying is -- • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 75 • 1 COMMISSIONER ECKSTEIN: But, but the Land 2 Development Code, though, see, it violates the Land 3 Development Code. 4 COMMISSIONER McCLANAHAN: How does it violate 5 the Land Development Code, when the parking is -- 6 CHAIRMAN MAYOR DALE: Well, those parking 7 spaces that you're talking about along the Jaycee 8 Park- - 9 COMMISSIONER McCLANAHAN: That's right. 10 CHAIRMAN MAYOR DALE: They were designated 11 specifically by this Commission to Jones Electric, 12 specifically, in the minutes. • 13 COMMISSIONER McCLANAHAN: Well- - 14 CHAIRMAN MAYOR DALE: Not to Jean Metts 15 Enterprises and not to the public. 16 Specifically, they were designated to Jones 17 Electric. 18 COMMISSIONER McCLANAHAN: Well, that would be 19 attack -able to myself, but- - 20 COMMISSIONER LESSARD: By talking to people 21 about it and committing before, you see, we didn't 22 try the evidence. 23 COMMISSIONER ECKSTEIN: Oh, I understand it. 24 No, I didn't try the evidence; but the evidence 25 that we had brought before us was already in the • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 n O 76 1 record, that she had twelve spaces. 2 CHAIRMAN MAYOR DALE: Well, let's let him 3 finish his train of thought, then we'll come back 4 and discuss our train of thoughts. 5 MR. COLBERT: So, I guess what I'm saying is 6 that that, to a lawyer- - 7 COMMISSIONER ECKSTEIN: Right. 8 MR. COLBERT: -- creates another legal argument 9 and another problem for us to try to deal with. 10 But the third aspect of it, again, from the 11 legal standpoint is that there is an argument that 12 the Commission has made a decision and the • 13 Commission does not have jurisdiction at this point 14 to reverse that jurisdiction, because it has been 15 appealed and gone to the Court. 16 It is a decision made for which we cannot 17 reverse ourselves because of lack of jurisdiction. 18 It is like, you know, a court case, where new 19 evidence comes out at a later time while a case is 20 on appeal. 21 You know, you would almost have to get, 22 arguably, from a legal standpoint, get it sent back 23 down for further proceedings through certiorari or 24 something, for the Commission to have an ability to 25 change a decision that is already made and gone • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 77 • 1 forward; and it not being at the next meeting at a 2 regularly scheduled meeting to do it. 3 So, while I understand what you're saying and I 4 don't disagree with what you're saying...and I...and 5 I appreciate where you're coming from in wanting to 6 save the City some expense. 7 From a legal standpoint it probably also 8 presents an opportunity to complicate matters even 9 more. 10 COMMISSIONER ECKSTEIN: Well, why don't you 11 just settle the suit, then? 12 CHAIRMAN MAYOR DALE: Well, my question was, 410 13 Can we say Look, we're just not...we're not going to 14 defend it because we think it's indefensible. 15 COMMISSIONER McCLANAHAN: Right. 16 CHAIRMAN MAYOR DALE: It's going to cost our 17 taxpayers dollars for nothing. And what will it 18 take, you know, for you not to sue us over this? 19 MR. COLBERT: Meaning the Plaintiffs? 20 CHAIRMAN MAYOR DALE: Meaning, no, no -- yes - -No, 21 meaning Metts. 22 COMMISSIONER McCLANAHAN: Metts. Let me ask a 23 question, then. If suddenly the railroad gave the 24 parking and based on the Mayor's statement on two or 25 three occasions, that he would have reacted 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 78 • 1 differently, had this been in the plan...What would 2 be the approach of the five representatives here on 3 the lawsuit then? 4 Let's say if the railroad comes through and 5 says you do, you can have the parking, then what 6 reaction, then what path of action do we take? 7 CHAIRMAN MAYOR DALE: I think we would have to 8 agree to reconsider the hearing, then, and look and 9 see how many -- because I've not seen the site plan. 10 I don't know how - -I'm saying it would have affected 11 my thinking on it. 12 Because I would have then been asking questions • 13 like How many parking places can you get? 14 What is the traffic circulation of that 15 parking? Is it, does it meet our requirements, you 16 know, the minimum spaces and all the Land 17 Development criteria? 18 I mean the fact that the railroad comes back 19 and says Okay, you can use it for parking, wouldn't 20 in and of itself mean anything until we reconvened 21 and had our staff staff it, brought it back to us to 22 consider, how many parking spaces she could get out 23 of it and what the ingress and egress and the 24 traffic safety, all the site, distance requirements 25 and all of that stuff would have to be looked at. S C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 79 1 And you're talking about doing something in a 2 short order that she has tried to do, or she says 3 for months or maybe a year. 4 COMMISSIONER ECKSTEIN: Well, those spaces, 5 she has always been on record saying that- - 6 CHAIRMAN MAYOR DALE: Fourteen in fact is what 7 she said. 8 CITY COMMISSIONER WHITEY ECKSTEIN: I'm sorry. 9 Yes. Like I said, I didn't know exactly. I 10 couldn't remember. 11 But she has always said that, you know, because 12 of her unique type of enterprise that she didn't use • 13 many because of the number of people that would be 14 walking there. 15 COMMISSIONER McCLANAHAN: But how can we ignore 16 those spaces? that you say we created for Jones 17 Electric? 18 And I was on the Commission. I would have to 19 see the minutes. 20 CHAIRMAN MAYOR DALE: Well, I pulled them, Mac, 21 and- - 22 COMMISSIONER McCLANAHAN: But we made it a 23 public parking area. 24 And how can we do that...How can we do that for 25 one business and say it's not available for public • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 80 • 1 parking? 2 CHAIRMAN MAYOR DALE: Well, Mac, you didn't 3 make it public parking. You told them...and in 4 fact, you told them they had to concrete those 5 spaces. 6 For some reason or another they never concreted 7 the spaces. 8 CITY MANAGER MR. TONY VAN DERWORP: Right, we 9 told them not to -- 10 CHAIRMAN MAYOR DALE: But it was specifically 11 for Jones Electric set aside, not for the public. 12 In fact, if the public used it Jones Electric • 13 could have come and complained to you and said Hey, 14 you set those aside for me. 15 So, you did not set them aside as public 16 parking spaces. 17 You did not pave them, you did not mark them; 18 you did not in any way make them safe - -you know, 19 that meet our mandatory- - 20 COMMISSIONER McCLANAHAN: - -and deny everybody 21 else parking- - 22 CITY COMMISSIONER WHITEY ECKSTEIN: And it 23 didn't, you know, and I don't think we intended to 24 have that carried over with- - 25 CITY COMMISSIONER BRADY LESSARD: Well, the • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 81 • 1 same thing could happen to us there that happened to 2 us over on -- 3 CHAIRMAN MAYOR DALE: Well, sure, you could be 4 in another lawsuit on that for setting aside what is 5 public right -of -way for private use. 6 MR. COLBERT: That's how it sounds. Because 7 we own the property in there, too. 8 CHAIRMAN MAYOR DALE: Well, the only - -The 9 taxpayers own it. The public owns it. That's what 10 I'm talking about. 11 MR. COLBERT: Well, I'll tell you- - 12 CHAIRMAN MAYOR DALE: Those are not wise things • 13 to do, in my opinion, to ever let private uses of 14 public rights -of -way, unless it is a special 15 district like downtown, which is a traditional use 16 since downtowns were created. 17 CITY COMMISSIONER WHITEY ECKSTEIN: Well, let 18 me, I want - -Let me say something again. 19 Let me state for the record: What she 20 attempted to do, and the place that she attempted to 21 put it, I think I have no problem with. 22 I have driven by there so many times...I have 23 had, asked friends of mine just to take a look at it 24 and say - -I think the Historic District saying that 25 the values of their homes will decline and all C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 82 • 1 that...I pulled one of the people's, the amount of 2 money that he paid for his home and what he's asking 3 now and what he's a in in taxes and all that. P Y g 4 I think we can defend that as far as property 5 values are concerned. 6 Their property values have skyrocketed compared 7 to the decrease in my property value. 8 And I've put a lot of money into the house. So 9 I don't want to hear about the property values. And 10 I, I think if you're going to put it some place in 11 the Historic District, that would be the place to 12 put it. • 13 The County is the one that put us in that 14 position. We did not put ourselves in this 15 position. 16 Now, since she did not meet the Land 17 Development Codes, all right, and a variance was 18 asked...the parking was a big consideration in my 19 mind because I, I know, you know, you just 20 can't...and I think all of us agree you can't just 21 waive zero parking. 22 All right, I just, I don't' think you can. And 23 so, for the record, I think that this is a little 24 bit of hysteria on the part of these people here 25 making - -And I don't want to give in to them. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 83 4110 1 What I want to say is I just don't want this 2 City, I don't think it's worth, okay, the City to 3 feed a hundred people three times a week, to spend 4 fifty thousand dollars, when it looks like the City 5 probably will not prevail. 6 If we would prevail or something like that and 7 something could be worked out on the mediation - -But 8 she's not going to mediate. 9 I mean she doesn't have to mediate. I mean she 10 is, you know, she wants to keep her job. She wants 11 to sell food in there. 12 And that's why I was saying, threatening her • 13 with changing my vote might make her amenable to 14 the - -to prepare food, then find some place already 15 that is serving food. 16 And they would qualify- - 17 CHAIRMAN MAYOR DALE: Well, and I, and normally 18 that might be okay. I'm afraid, though, and I'll 19 let Bill respond to this. 20 What I'm afraid of, Bill, is, if you threaten 21 somebody with doing it when you are under a lawsuit, 22 isn't there some legal thing there? 23 I mean I know I can't go, you know, in business 24 terms, I mean if I go and threaten someone in a 25 business deal-- - 40 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 84 1 MR. COLBERT: It is a potential problem. 2 COMMISSIONER VELMA WILLIAMS: Well, I don't 3 think her salary was ever confidential. I mean most 4 people knew that they had gotten block grant money, 5 right? 6 CHAIRMAN MAYOR DALE: Well, I don't think 7 hardly anybody knew that she was getting paid a 8 salary from the block grant. 9 COMMISSIONER VELMA WILLIAMS: Yeah, but- - 10 CHAIRMAN MAYOR DALE: She held it out to be a 11 volunteer - -In fact, the Chamber came to me and said, 12 "We're thinking about making her the Volunteer of 13 the Year." 14 CITY COMMISSIONER WHITEY ECKSTEIN: Well, see, 15 what threw me off- - 16 CHAIRMAN MAYOR DALE: And I said, "Well, she's 17 not a volunteer." 18 CITY COMMISSIONER WHITEY ECKSTEIN: She gave 19 Larry a letter one time. 20 CHAIRMAN MAYOR DALE: -- "She's getting paid." 21 CITY COMMISSIONER WHITEY ECKSTEIN: - -that he 22 published in the paper or the paper published, that 23 said that - -and she was laughing in the back. "See 24 here, they say I make twenty five thousand dollars a 25 year. Isn't that," you know, "a bunch of crap." • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 85 • 1 COMMISSIONER VELMA WILLIAMS: Well, I knew, a 2 lot of people knew that she was getting paid. 3 CITY COMMISSIONER WHITEY ECKSTEIN: Remember 4 that? Remember that? No, I didn't know. I 5 thought- - 6 CHAIRMAN MAYOR DALE: She never announced that 7 she was a volunteer. But I mean the very name of 8 her firm, Seminole Volunteer Enterprises- - 9 COMMISSIONER VELMA WILLIAMS: The sixty 10 thousand dollars that the County gave her. 11 CITY COMMISSIONER WHITEY ECKSTEIN: I didn't 12 know she was getting paid. • 13 CHAIRMAN MAYOR DALE: What bothers me is, you 14 go to that building, and I've been there many times 15 since we started this thing. 16 The windows are broken out of it. Some of them 17 are barred up, some of them have got chicken wire 18 and stuff over it. 19 I mean it is, there has been no money spent on- 20 - -And we would not let anybody open a business of 21 any kind with the disrepair that that business is 22 in. 23 And what bothers me is, if by some fluke we won 24 this lawsuit - -and I don't think we will, but if by 25 some fluke we did, then you're going to have people C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 coming in here to open restaurants saying, "By the 2 way, I don't have any parking. But that doesn't 3 matter, because now, under your new regulations I 4 don't need any." 5 And we're going to be hard - pressed to turn them 6 down without them suing us, I think. 7 Is that not a possibility? 8 MR. COLBERT: That is an argument. 9 CHAIRMAN MAYOR DALE: It's going to be a big 10 argument, I think. 11 And that scares me more than anything, that 12 we'll have bona fide restaurants trying to open- - • 13 CITY COMMISSIONER WHITEY ECKSTEIN: So, then, 14 we need to correct that. 15 CHAIRMAN MAYOR DALE: That...because we've got 16 a lot of restaurants here that are not like some 17 restaurants, like Logan's, where they spend millions 18 of dollars to build these things. 19 We've got a lot of restaurants here that are a 20 mom - and -pop thing, that are trying to do just like 21 Jean Metts did, get by on a shoestring. And- - 22 CITY COMMISSIONER WHITEY ECKSTEIN: Well, she 23 doesn't have a license yet, Larry. 24 CHAIRMAN MAYOR DALE: But she is, I'm telling 25 you, she has already had some - -She is already C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 87 • 1 operating, is what I'm telling you. 2 CITY COMMISSIONER WHITEY ECKSTEIN: Well, that 3 doesn't mean- - 4 CHAIRMAN MAYOR DALE: You're right, she doesn't 5 have a license yet. 6 CITY COMMISSIONER WHITEY ECKSTEIN: She doesn't 7 have a license yet. 8 CHAIRMAN MAYOR DALE: She has not installed the 9 hoods yet, but she is -- 10 COMMISSIONER VELMA WILLIAMS: She still has a 11 restaurant - -Is she selling food? 12 CHAIRMAN MAYOR DALE: It doesn't matter. By • 13 her own admission, she said, "I'm not a soup 14 kitchen. I'm a restaurant." And in order to sell 15 food- - 16 CITY COMMISSIONER WHITEY ECKSTEIN: How does 17 she get paid? 18 CHAIRMAN MAYOR DALE: Under our regulations 19 she's a restaurant. 20 COMMISSIONER VELMA WILLIAMS: From the County. 21 CITY COMMISSIONER WHITEY ECKSTEIN: No, no, 22 does she get - -Does she serve just one meal a week or 23 three? 24 CHAIRMAN MAYOR DALE: Well, see, I don't know 25 how she's going to get paid when she opens the 410 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 88 • 1 restaurant. I don't know what that thing will be. 2 Right now, just for the food distribution, 3 twice a month, she does it twice a month. She gets 4 paid thirty thousand and her daughter -in -law gets 5 paid- - 6 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. 7 COMMISSIONER VELMA WILLIAMS: Well, that's just 8 the food distribution, isn't it? 9 CHAIRMAN MAYOR DALE: Pardon? 10 COMMISSIONER VELMA WILLIAMS: That is the first 11 time that occurred? Hasn't she- - 12 CHAIRMAN MAYOR DALE: No, she's been getting 13 paid ever since she started doing it down there at -- 14 COMMISSIONER VELMA WILLIAMS: I'm in agreement. 15 That's what I'm saying. Why is that so -- 16 CITY COMMISSIONER WHITEY ECKSTEIN: No, the 17 first year she didn't get - -When she first started- - 18 CHAIRMAN MAYOR DALE: Well, when she started 19 she was a volunteer. 20 COMMISSIONER VELMA WILLIAMS: Well, that's what 21 I'm saying. People should have been aware that she 22 was getting paid. 23 CITY COMMISSIONER WHITEY ECKSTEIN: All right. 24 Well- - 25 COMMISSIONER VELMA WILLIAMS: So it's not that - • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 89 1 _ 2 CITY COMMISSIONER WHITEY ECKSTEIN: Well, let 3 me just say this- - 4 CHAIRMAN MAYOR DALE: The last couple of years 5 down there she was- - 6 CITY COMMISSIONER WHITEY ECKSTEIN: Jean, I 7 was at a meeting with her after a City Commission, 8 that thing the County put me on, that Community 9 Service Block Grant. 10 And we deal with poor people. And she works 11 with poor people generally. I mean she - -at the 12 Mental Health Clinic we have a thing down there 411 13 where we meet. 14 And she is a good person. I'm not trying to 15 say, I'm not trying to say that she shouldn't get 16 paid- - 17 CHAIRMAN MAYOR DALE: I think she- - 18 CITY COMMISSIONER WHITEY ECKSTEIN: - -It's not 19 a monetary thing, but I'm just, what I'm...What I'm 20 saying to you is -- 21 CHAIRMAN MAYOR DALE: I think she is a little 22 mean - spirited, but I think her intentions are good. 23 COMMISSIONER VELMA WILLIAMS: She would get the 24 thirty thousand dollars whether she was right there 25 or not...wherever she would be, right? • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 90 • 1 CHAIRMAN MAYOR DALE: Probably so. 2 CITY COMMISSIONER WHITEY ECKSTEIN: Well, see, 3 the thing about it is, when she started distributing 4 the food she had no parking there either. 5 CHAIRMAN MAYOR DALE: She did, she had...well, 6 she did at Zayre's. She had that whole parking lot 7 down there. 8 CITY COMMISSIONER WHITEY ECKSTEIN: No, sir, 9 I'm talking about at the railroad station. 10 CHAIRMAN MAYOR DALE: Oh, yes. 11 CITY COMMISSIONER WHITEY ECKSTEIN: Do you see 12 what I'm saying? So, your whole thinking is, going 13 into a meeting, she already had some parking there 14 already; and it was just added to it. 15 Do you understand what I'm saying, Bill? 16 MR. COLBERT: Yes, sir, I do. 17 CITY COMMISSIONER WHITEY ECKSTEIN: I mean it's 18 logical that parking was something that, you know, 19 was a big deal, but yet, you go there right now and 20 you would have people parking in front. 21 But it's all, it's in the railroad right -of- 22 way, which we subsequently know now. 23 COMMISSIONER VELMA WILLIAMS: Actually, it's 24 right across from the School Board, the other School 25 Board Office there? Right across the street? 110 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 91 • 1 That's where I park when I go there. 2 CITY COMMISSIONER WHITEY ECKSTEIN: Oh, yes, 3 umm -hmm. 4 COMMISSIONER VELMA WILLIAMS: By the building 5 right there, right across, I park there, right 6 across from there. 7 CITY COMMISSIONER WHITEY ECKSTEIN: Well, what 8 could we do to settle this suit? 9 CITY COMMISSIONER BRADY LESSARD: See, that, 10 the way I look at it, I mean it's...there needs to 11 be a sense of closure on this deal. 12 And as cheaply and as fairly as we can do it, I 13 think, is the best for all involved. 14 I mean I, the salary of Jean Metts, I mean 15 personally I don't believe you should ever profit 16 from poverty. 17 I just, that is just something I've always- - 18 I've always felt that way. 19 And Jean is not the only one in that industry 20 or business or whatever you want to say, you know, 21 but whether her salary, that, you know, that is kind 22 of a lesser issue to me. 23 CHAIRMAN MAYOR DALE: Well, it's not an issue 24 in the lawsuit, to me. The issue in the lawsuit is- 25 - • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 92 1 CITY COMMISSIONER BRADY LESSARD: Well, you 2 know, there are a lot of people that have done- - 3 CHAIRMAN MAYOR DALE: - -she has no parking. 4 CITY COMMISSIONER BRADY LESSARD: There are a 5 lot of people that have gotten upset on both sides. 6 I mean, you know, poems have been written about 7 you. Jean says I've got a conflict of interest, 8 well, come on, you know, I'm not drawing a salary 9 from the issue we're talking about, so, the conflict 10 of interest? 11 I mean the folks - -I'm just trying to articulate 12 all the people that are involved in this emotionally • 13 or, you know, there is -- 14 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. Is 15 there a place in the City- - 16 CITY COMMISSIONER BRADY LESSARD: But let me 17 finish one thing, Whitey. 18 CITY COMMISSIONER WHITEY ECKSTEIN: Oh, I'm 19 sorry. I thought you were through. 20 CITY COMMISSIONER BRADY LESSARD: The thing 21 that I think has hurt me the most is...is to have 22 really good- hearted people portrayed as folks that 23 don't like poor folks. 24 Grace and Grits has been operating every 25 Wednesday night for, and I believe it's the . C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 93 1 Episcopal Church, right in the heart of the Historic 2 District without a peep. 3 It is...it is not, you know, granted, there are 4 some nuts on both sides of this deal. 5 But I think collectively when we look at this 6 lawsuit - -I mean we've got to settle the thing. 7 I mean all of the other issues are just kind of 8 on the fringe of the thing. 9 CITY COMMISSIONER WHITEY ECKSTEIN: How's about 10 this? All right. These people are suing us, 11 DeSantis and, et cetera. 12 Can we work with Jean Metts to find a place 13 that she could carry on the same operations, let the 14 Historic District try to develop it into apartments 15 or whatever the hell they want to do? 16 And are there any properties here that we could 17 relocate or where we could feed these poor people 18 and also distribute the food and satisfy these 19 people. 20 And, you know, if it's next to me, you know, I, 21 I will...you know, if it is in my district, that's 22 fine. 23 I think- - 24 CHAIRMAN MAYOR DALE: Well, your neighbors 25 might not agree to that. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 I _ . 94 1 CITY COMMISSIONER WHITEY ECKSTEIN: Well, I 2 understand that, but, you know, I, I feel badly- - 3 CHAIRMAN MAYOR DALE: There are places and 4 properties, yes, the Salvation Army, for instance. 5 They've got an enormous building, and they can 6 handle it. They've got parking. 7 MR. COLBERT: They are two blocks from my home 8 and have been ever since they opened, and I've never 9 had anybody come in my yard or -- 10 CHAIRMAN MAYOR DALE: So why would Jean Metts 11 not team up with them? 12 CITY COMMISSIONER WHITEY ECKSTEIN: Yes, why • 13 wouldn't she team up with them, Mac? That's 14 something I can't understand. And this whole 15 problem would go away. 16 CHAIRMAN MAYOR DALE: Why would another 17 building be needed? 18 CITY COMMISSIONER WHITEY ECKSTEIN: What? 19 CHAIRMAN MAYOR DALE: I say Why would another 20 building be needed if these agencies teamed up with 21 each other? 22 CITY COMMISSIONER WHITEY ECKSTEIN: Right. 23 CHAIRMAN MAYOR DALE: To provide these things? 24 Because the Salvation Army does not feed people on a 25 regular basis. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 95 1 They only do it during emergencies. 2 MR. COLBERT: No, they do, oh, yes, they do 3 Meals on Wheels. 4 CHAIRMAN MAYOR DALE: Well, Meals on Wheels, 5 yes, but I'm talking about as a restaurant there at 6 their facility. 7 The other thing is -- 8 MR. COLBERT: If they put a restaurant down 9 there those employees do get paid for it. 10 CITY COMMISSIONER BRADY LESSARD: The other 11 thing is, you know, all the properties within the 12 City are on the warpath. I mean if we put folks in- 410 13 -I mean the Salvation Army deal, when I talked to 14 Jean about it, it is more centrally located, the bus 15 lines, I mean, you know. 16 CITY MANAGER MR. TONY VAN DERWORP: Wouldn't 17 that be, wouldn't that kind f discussion be 18 something that could come up in settlement? 19 CITY COMMISSIONER BRADY LESSARD: At the 20 mediation it could- - 21 CHAIRMAN MAYOR DALE: Well, I don't know 22 whether it could or not. I don't think we have the 23 legal right to tell her she has to - -I mean we could 24 offer it. 25 CITY MANAGER MR. TONY VAN DERWORP: Right. 410 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 96 • 1 CHAIRMAN MAYOR DALE: But...but she doesn't 2 have to agree to it. 3 CITY MANAGER MR. TONY VAN DERWORP: Right. 4 CHAIRMAN MAYOR DALE: And I doubt very 5 seriously she would. I don't think we have the 6 legal right to go to somebody and say You need to 7 sell your building or you should have never taken 8 it. 9 Now, to me, I don't think they're going to make 10 a big issue of the fact- -You created your own 11 hardship. 12 You you took a piece of property that had no 13 parking." 14 MR. COLBERT: And it never had any parking. 15 CITY COMMISSIONER WHITEY ECKSTEIN: No, it 16 never had any parking. 17 CHAIRMAN MAYOR DALE: But it has never been 18 used as a restaurant. "You took a piece of 19 property - -You took a piece of property that you knew 20 wasn't going to meet the Land Development 21 Regulations." 22 CITY COMMISSIONER WHITEY ECKSTEIN: Well, I 23 didn't know that. 24 MR. COLBERT: I don't think she knew. 25 COMMISSIONER VELMA WILLIAMS: I don't think she • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 97 • 1 knew, either. 2 CITY COMMISSIONER WHITEY ECKSTEIN: Did you 3 know that? You didn't know that. 4 CHAIRMAN MAYOR DALE: Yes, I knew it. Sure, I 5 knew it -- 6 COMMISSIONER VELMA WILLIAMS: Also, what I 7 considered was that approval had been given to her- - 8 CHAIRMAN MAYOR DALE: I knew it didn't meet 9 our regulations, didn't have enough parking places. 10 COMMISSIONER VELMA WILLIAMS: - -for the 11 distribution. 12 CITY COMMISSIONER WHITEY ECKSTEIN: I'm talking 13 about the program for distribution. 14 COMMISSIONER VELMA WILLIAMS: The distribution, 15 this is what I'm looking at, one of the things: 16 Permission had been given to her to operate that 17 food distribution center. 18 CHAIRMAN MAYOR DALE: That's not what this suit 19 is about. 20 COMMISSIONER VELMA WILLIAMS: I know, but what 21 I'm saying, with some consideration or the idea that 22 more people, you know, pass through there, whether 23 they go in and buy it or not as a result of that 24 food distribution than they would going there to 25 eat. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 98 • 1 Those sort of things that I thought about. I 2 said, Now, you know, what, what is the problem here? 3 You approved a food distribution. Well, 4 hundreds of people pass through that. 5 CHAIRMAN MAYOR DALE: Yes, but only twice a 6 month, you know. 7 COMMISSIONER VELMA WILLIAMS: But hundreds of 8 people pass through that. 9 CHAIRMAN MAYOR DALE: Twice a month. 10 COMMISSIONER VELMA WILLIAMS: And then, you 11 know, I don't know what- - 12 CHAIRMAN MAYOR DALE: There is a whole lot of 13 difference between twice a month and five times a 14 week. 15 CITY COMMISSIONER BRADY LESSARD: But even 16 that, though, is dangerous. I mean even those days, 17 it's dangerous over there. 18 And- - 19 CITY COMMISSIONER WHITEY ECKSTEIN: Would the 20 Salvation Army be willing to work with Jean Metts? 21 CITY COMMISSIONER BRADY LESSARD: See, that's 22 my whole point on this whole deal, if -- 23 CITY COMMISSIONER WHITEY ECKSTEIN: Or some 24 other organization? 25 CITY COMMISSIONER BRADY LESSARD: - -if their C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 110 99 1 true intentions are to help folks, you would think 2 that working together would be the goal. 3 I don't know if there is a loss of funding on 4 either end if they merge or whatever. But they've 5 got a huge facility there, plenty of parking, you 6 know. 7 I don't know. 8 CHAIRMAN MAYOR DALE: Well, I don't know if 9 they've got plenty of parking but they've got 10 parking. 11 MR. COLBERT: Just to follow up on something 12 that the City Manager said, and that is kind of • 13 bouncing around a little bit...There seems to be 14 some desire by some of the Commission at least to 15 look at potentially other avenues or other ways, 16 other venues, to solve the problems, such as her 17 problem with the Salvation Army and finding some 18 other facility or something that at least 19 potentially could solve the problem. 20 If the Commission chose to do it, you could 21 have us basically be instructed to try to facilitate 22 ...either not oppose the temporary injunction or to 23 agree to it. 24 Try to get to mediation as timely as we can. 25 In the meantime, instruct the staff to look at C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 alternatives to try to identify sites or 100 2 alternatives. 3 And when we go to mediation we could lay those 4 alternatives out in the presence of a mediator and 5 may have some...some assistance from a mediator in 6 selling alternatives. 7 And even if those alternatives aren't accepted, 8 it demonstrates to the Court at least a good -faith 9 effort on the City's part to solve the problem. 10 And then if we...if we don't get it solved, but 11 then choose not to go forward from that point, at 12 least I have more comfort in the City's legal • 13 position there. 14 I mean that may be something you want to 15 consider and decide whether we should have their- - 16 CHAIRMAN MAYOR DALE: Well, let's take them one 17 at a time. 18 MR. COLBERT: Okay. 19 COMMISSIONER VELMA WILLIAMS: Mr. McClanahan 20 had a comment. 21 MR. COLBERT: Well, then she needs...then she 22 needs to be made aware by Tony or somebody that the 23 parking doesn't mean...nothing -- anything. 24 That if she gets parking from the railroad, 25 that it means nothing, absolutely nothing. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 101 • 1 CHAIRMAN MAYOR DALE: Well, nobody said that, 2 Mac- - 3 MR. COLBERT: Oh, bull. 4 CHAIRMAN MAYOR DALE: I just told you a while 5 ago, I still have to -- 6 MR. COLBERT: Bull. 7 CHAIRMAN MAYOR DALE: - -look at the layout of 8 the parking for this. We still have to have 9 another hearing. 10 MR. COLBERT: You haven't had any concern about 11 that, have you? about the parking? Whether it 12 has one or -- 13 CHAIRMAN MAYOR DALE: Mac, that is the whole 14 issue, to me. How could you sit there and say that? 15 The fact that she has zero parking is the whole 16 issue. 17 I don't understand how you could sit there and 18 say that. 19 MR. COLBERT: I just don't believe that. 20 CHAIRMAN MAYOR DALE: Are you calling me a 21 liar? 22 MR. COLBERT: No, I'm not calling you a liar, 23 Larry. 24 CHAIRMAN MAYOR DALE: Well, you say you don't 25 believe it. C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 102 '0 1 CITY COMMISSIONER BRADY LESSARD: Mac, did you 2 get the parking, and the little site plan comes in 3 and it works? Then we've got no right to interfere 4 with her- - 5 CHAIRMAN MAYOR DALE: The whole issue, to me, 6 is the fact that she has zero offstreet parking. 7 Zero. And that violates our Land Development 8 Regulations to the extent that we put ourselves in 9 endangerment for other people coming in and seeking 10 the same thing. 11 MR. COLBERT: Then she needs to be let aware, 12 made aware whether the parking would make a • 13 difference in our reaction. 14 CHAIRMAN MAYOR DALE: Well, it would make a 15 difference. I said it would make a difference. 16 But not just the fact that all of a sudden CSX 17 says she - -I would have to look at it and see what 18 kind, then, of a significant variance that would be 19 and look at those six elements of it and look at all 20 of the safety...site distance and all the other 21 things, the layout. 22 And see if they are bona fide parking that 23 meets the regulations we would require of anybody 24 else. That is the test of it. 25 COMMISSIONER VELMA WILLIAMS: Well, let me ask • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 103 • 1 just one question. I'm unclear. When you say a 2 variance, you are not making exceptions? 3 CHAIRMAN MAYOR DALE: Excuse me? 4 COMMISSIONER VELMA WILLIAMS: When you are 5 considering a variance, you're not making 6 exceptions? 7 CHAIRMAN MAYOR DALE: You are, yes, you are 8 making exceptions to your Land Development 9 Regulations, based on those six criteria and the 10 significance of how much that variance is. 11 What we did in this case, we varied it all the 12 way down to zero, which is a complete waiver. • 13 COMMISSIONER VELMA WILLIAMS: Well, one of 14 those, in my opinion, is...is subjective to personal 15 opinion and philosophy. 16 CHAIRMAN MAYOR DALE: Well, this doesn't say if 17 you meet any one of them. It says that you have to 18 meet all six of them- - 19 MR. COLBERT: All of them. Okay. 20 CITY COMMISSIONER WHITEY ECKSTEIN: Is another 21 avenue, maybe, to consider, is to talk to our County 22 Commissioner? 23 CHAIRMAN MAYOR DALE: About what? I've already 24 talked to him. 25 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 104 • 1 About...in their helping us, you know- - 2 COMMISSIONER VELMA WILLIAMS: I don't want to 3 hear about anybody bringing any pressure on anybody 4 for doing things. 5 CITY COMMISSIONER WHITEY ECKSTEIN: No, no, no. 6 What I'm saying is, if we -- 7 CHAIRMAN MAYOR DALE: Well, I can tell you 8 this: If -- 9 CITY COMMISSIONER WHITEY ECKSTEIN: If we can 10 get Jean Metts to agree- - 11 CHAIRMAN MAYOR DALE: Jean Metts refused to 12 divulge her finances, which the County is required 13 to do anyway. 14 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. Yes. 15 CHAIRMAN MAYOR DALE: It raised hackles over 16 there not only with the Commissioners but with the 17 staff, who said Wait a minute, she has to divulge 18 her finances. 19 COMMISSIONER VELMA WILLIAMS: Oh, yes, because 20 that is public information. 21 CHAIRMAN MAYOR DALE: Well, she didn't do it. 22 She refused to do it. 23 CITY COMMISSIONER WHITEY ECKSTEIN: Well, see, 24 this is what I'm saying. If the County Commission 25 said to Jean, Listen, you know, if we help you find • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 105 • 1 another piece of property or whatever, to deliver 2 this food and to cook, you know, we want to help the 3 City because the City is in a situation right now 4 which is, you know, essentially could cost them a 5 lot of money. 6 Is there any way that- - 7 CHAIRMAN MAYOR DALE: I doubt that...I doubt 8 that they would, because several of them have 9 already said, "That's not our problem. That's the 10 City's." 11 Our District Commissioner probably would, but I 12 doubt there would be a majority voter there to do • 13 that, because they don't want to jump into a 14 potential liability situation. 15 CITY COMMISSIONER WHITEY ECKSTEIN: I see. 16 CITY MANAGER MR. TONY VAN DERWORP: That would 17 normally be something, see, if we were talking about 18 settlement mediation, that...not having it there, 19 but that party finding another spot to do it, we 20 would be able to have Ms. Metts make that as a 21 settlement offer. 22 And that would be something she would have to 23 go do. 24 CHAIRMAN MAYOR DALE: Well, understand, that 25 building is not owned by the County. They gave it • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 106 • 1 to her and a hundred and seventy thousand dollars 2 from Community Development Block Funds to renovate 3 it. 4 Now, I don't know what she spent that on. But 5 like I say, the windows are broken out of it. 6 CITY COMMISSIONER BRADY LESSARD: There is 7 another facility for that. 8 And that is another thing, Tony, with these 9 County properties, we have got to get on the same 10 page with them. Because, you know, there is -- 11 COMMISSIONER VELMA WILLIAMS: Well, why don't 12 you just do whatever the Historic District wants you • 13 to do and let's just resolve it? 14 CHAIRMAN MAYOR DALE: Like how? 15 COMMISSIONER VELMA WILLIAMS: Whatever it is 16 that the Historic District wants you to do. 17 CHAIRMAN MAYOR DALE: Well, what they want- - 18 COMMISSIONER VELMA WILLIAMS: Whatever they 19 want us to do. 20 CHAIRMAN MAYOR DALE: Well, what the lawsuit 21 is, they want it to go away. They don't want her to 22 operate a restaurant. 23 MR. COLBERT: But she could continue to operate 24 the food distribution. 25 CHAIRMAN MAYOR DALE: Well, yes, I don't C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 107 1 think...This lawsuit doesn't affect the 2 distribution, does it, Bill? 3 MR. COLBERT: No. 4 CITY MANAGER MR. TONY VAN DERWORP: No. 5 MR. COLBERT: No, it doesn't affect the 6 distribution. 7 CHAIRMAN MAYOR DALE: So it doesn't affect the 8 distribution. 9 CITY COMMISSIONER WHITEY ECKSTEIN: Supposing 10 they sued us on the food distribution? 11 CHAIRMAN MAYOR DALE: Well, then, that would 12 be another thing. I mean I think they have waited • 13 so long - -I mean they may have a case and they may 14 not. I don't know. 15 They would have to sue us on some kind of 16 damages issue of, you know- - 17 CITY MANAGER MR. TONY VAN DERWORP: They would 18 have to put a case together and go down there on a -- 19 COMMISSIONER VELMA WILLIAMS: I think, as I 20 said, again...I don't know, but I guess if it's not 21 illegal, that our Attorney should talk to Jean 22 Metts. 23 Not advise her...I'm not talking about advising 24 her. 25 CHAIRMAN MAYOR DALE: Well, I think he will if • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 108 • 1 we say we want to go to mediation. 2 COMMISSIONER VELMA WILLIAMS: Talk with her, 3 and then...I just don't believe...I don't know her 4 extremely well, but, number one, I don't believe 5 that she would disobey a court order, number one. 6 Number two, I believe that if she understands 7 all of these ramifications and has time to think 8 about it that she would much rather operate a food 9 distribution, after thinking about it, similar, you 10 know, minus the restaurant thing and not have the 11 building at all. 12 And not have an operation at all. That's what 410 13 I'm thinking. 14 CHAIRMAN MAYOR DALE: Well, I think you're 15 right. 16 COMMISSIONER VELMA WILLIAMS: That's what I'm 17 thinking. That's what I'm saying, you know. 18 CHAIRMAN MAYOR DALE: But it really scares me 19 for the Attorney to go talk to her and for her to 20 try to claim we're trying to put pressure on her by 21 sending a Lawyer over there. 22 COMMISSIONER VELMA WILLIAMS: Oh? 23 CHAIRMAN MAYOR DALE: It scares me that she 24 has- - 25 MR. COLBERT: Yes, I have the same feeling • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 109 • 1 about that. 2 COMMISSIONER VELMA WILLIAMS: Okay. Well, 3 okay. Well, maybe- - 4 CHAIRMAN MAYOR DALE: With the Legal Aid 5 Services and everything and this and that. 6 CITY MANAGER MR. TONY VAN DERWORP: Central 7 Florida Legal Services. 8 MR. COLBERT: Central Florida Legal Services is 9 the one. 10 COMMISSIONER VELMA WILLIAMS: Well, maybe if 11 the Lawyer could prepare five or six, you know, a 12 billet for you to go and make sure she understands • 13 those. That's all. I don't know her, you know, 14 that well. 15 CITY MANAGER MR. TONY VAN DERWORP: I think she 16 understands this, because she has been involved with 17 development permitting and- - 18 COMMISSIONER VELMA WILLIAMS: Well, all I'm 19 talking about is what the situation is, just like, 20 let me tell you this right here: Just like she got 21 up the other night, okay? 22 That basically is not Ms. Metts, not the Ms. 23 Metts that I know. 24 Okay? And out of fear...I'm not justifying, 25 okay? Out of fear, out of whatever it is that she, • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 110 • 1 she - -she read something that somebody gave her. 2 She has to suffer the consequences. And she 3 knows that, because they didn't force her to read 4 it. 5 And I feel that as we get into this, I think 6 she's going to think somewhat differently then. 7 She is going to think about the advantages and 8 disadvantages. I just feel that somehow- - 9 CITY COMMISSIONER WHITEY ECKSTEIN: Her 10 Attorneys want to enter "race" into the situation in 11 front of the Judge; and that was it. 12 And she read it, and that...and that was the • 13 whole idea, because she was hoping that if "race" 14 entered into it that a judge would be more favorable 15 in a ruling. 16 They want to add one more thing to the whole 17 thing. 18 COMMISSIONER VELMA WILLIAMS: Oh, yes, I see, I 19 understand that. 20 CITY COMMISSIONER WHITEY ECKSTEIN: Here is 21 what I want to say: You know, and I could kill 22 myself, because in looking at this thing I, the 23 Historic District and all that, I'm very conscious 24 of it, and I think the other night I made my point. 25 I still think the Historic District is out of • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 111 • 1 line. I think there is no better place to have 2 this thing if - -than where it's at. 3 What I got screwed up with was this 4 Development, you know, our Land Regulations. And 5 I'm looking at this thing and I'm thinking we can, 6 with the waiver- - 7 COMMISSIONER VELMA WILLIAMS: Yes. 8 CITY COMMISSIONER WHITEY ECKSTEIN: - -and, you 9 know, we've done variances before. And we've looked 10 very, like you said, subjectively. 11 And instead of strict interpretation like my 12 two attorney friends...loose interpretation...but • 13 you know, with this parking, that's - -when I went 14 home that night, that's what I felt bad about. And 15 the following days, you know, and then talking to 16 you and all that and, you know, I'm seeing what you 17 said in the paper about, you know, this is all 18 about...and, you know, I tended more to agree with 19 you, because, you know, we did, I personally 20 violated something I don't want to do. And I did it 21 because I wasn't sharp enough that night really to 22 explore that parking thing. 23 And I should have tabled it and asked everybody 24 to go back to the drawing board. 25 You know, and I, I feel badly. 41110 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 112 1 COMMISSIONER VELMA WILLIAMS: Well, it, 2 somewhere it was stated that there were twelve, 3 eight to twelve parking spaces. 4 CITY COMMISSIONER WHITEY ECKSTEIN: Well, 5 actually it was fourteen. It was something like 6 that. 7 COMMISSIONER VELMA WILLIAMS: I mean something 8 was stated there. And I looked at it like that. 9 CHAIRMAN MAYOR DALE: Well, upon questioning 10 about that she said -- I said, "How many parking 11 spaces do you have ?" 12 And she said, "I have none." 13 And actually she has none. And when it goes to 14 court they're going to prove that she has- - 15 COMMISSIONER VELMA WILLIAMS: What twelve 16 parking spaces she was talking about? 17 CHAIRMAN MAYOR DALE: Fourteen. 18 COMMISSIONER VELMA WILLIAMS: What fourteen? 19 CHAIRMAN MAYOR DALE: Well, she's got some on 20 CSX, she was counting some on the public right -of- 21 way and- - 22 CITY COMMISSIONER MAC MC CLANAHAN: Well, we 23 would do it for Jones Electric, but we wouldn't do 24 it for- - 25 CHAIRMAN MAYOR DALE: See, the problem is, we, • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 113 1 we did not require of her a site - -and that's another 2 thing, if I was their Attorney I would attack - -we 3 require of everybody else a site plan that verifies 4 where their parking is. 5 We did not do that. We've never required her 6 to submit a site plan. 7 And we require everybody else to. 8 CITY MANAGER MR. TONY VAN DERWORP: We asked 9 for it on numerous occasions- - 10 CHAIRMAN MAYOR DALE: And she never gave it to 11 us -- 12 CITY MANAGER MR. TONY VAN DERWORP: - -and she • 13 never gave it to us, and never gave- - 14 CHAIRMAN MAYOR DALE: And normally, what you 15 would have done, if it had been me or what the 16 County would have done -- because I've dealt with them 17 before. 18 They would have never, it would have never gone 19 to the Commission. It would have never gone to P 20 and Z until they had the site plan. 21 They would say, "Bring us the site plan, we'll 22 schedule it with P and Z. No site plan, no P and 23 Z 24 We took it to P and Z anyway without a site 25 plan. That is another thing they're going to attack • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 114 • 1 us on. 2 Because if you had the site plan it would have 3 been clear, Whitey, to everybody: "Hey, they have 4 zero parking." 5 CITY MANAGER MR. TONY VAN DERWORP: And in 6 order to, well, I guess we can't go back and have 7 another hearing and undo that, based upon the 8 Attorneys' advice. 9 CHAIRMAN MAYOR DALE: Well, he advised you not 10 to. You could do it. 11 CITY MANAGER MR. TONY VAN DERWORP: We could do 12 it. • 13 CHAIRMAN MAYOR DALE: It's like I said at the 14 hearing, I kept saying, "Yeah, you have the power to 15 do that. When it gets to the Court over there they 16 may tell you you didn't have the right." 17 CITY MANAGER MR. TONY VAN DERWORP: And then, 18 secondly, what I'm hearing is that, well, if we're 19 ever going to get to the point where we bring Metts 20 to the table to talk about options, the only real 21 way to do that is to have those injunctions occur 22 and go to mediation, because then that brings her 23 into it, when she is not really into it right now. 24 CHAIRMAN MAYOR DALE: Well, it's going to bring 25 her into it whether they name her anyway, if we 111 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 115 1 agree to the injunction or if the injunction 2 happens. 3 Because either then she is either going to have 4 to come into it or she is not ever going to be able 5 to operate. 6 CITY COMMISSIONER WHITEY ECKSTEIN: Yes, I 7 think that this is the only way we can go. 8 CITY MANAGER MR. TONY VAN DERWORP: That's the 9 only way to bring her to the table, is to -- 10 CHAIRMAN MAYOR DALE: And I can tell you, my 11 other thoughts is this: 12 Up until this point, she has not been willing • 13 to cooperate on anything, site plan, anything. 14 Because she knew in her own mind, "I got three 15 votes, regardless of what you -all want. And I'm 16 just not going to do it." 17 If you go back to her now and say You don't 18 have- - 19 CITY COMMISSIONER WHITEY ECKSTEIN: Three 20 votes. 21 CHAIRMAN MAYOR DALE: It might change her mind. 22 Is that possible, Bill, without us getting into 23 trouble? 24 CITY COMMISSIONER WHITEY ECKSTEIN: Well, 25 that's what I said ten, fifteen minutes ago. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 _ - 116 411 1 CHAIRMAN MAYOR DALE: I know, that's why I - 2 COMMISSIONER VELMA WILLIAMS: Well, let me ask 3 him this question- - 4 CHAIRMAN MAYOR DALE: Well, wait a minute. 5 Let him answer that first. 6 COMMISSIONER VELMA WILLIAMS: I'm sorry. 7 MR. COLBERT: I don't think that the 8 Commission intends to sit here and decide how they 9 would vote or not vote. 10 I mean that is not really what we're here to 11 do. 12 CHAIRMAN MAYOR DALE: What I'm saying is, she • 13 doesn't have three votes for us to defend the 14 lawsuit- - 15 CITY COMMISSIONER WHITEY ECKSTEIN: She is 16 trying to develop a consensus now, and that is -- 17 MR. COLBERT: I understand that. 18 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. 19 MR. COLBERT: Let me finish my train of 20 thought. 21 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. I'm 22 sorry. 23 MR. COLBERT: I've listened to everything you - 24 all have said and I'm trying to take it to heart. 25 And I'm also trying to keep the record one that I • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 117 • 1 can defend in this procedure. 2 I understand what Commissioner Eckstein has 3 said, what he said and what several of you have 4 said, that you know information now that you didn't 5 know then. 6 And looking at it now with the eyes and the 7 information you have now, you would view it 8 differently then if you knew all of that. 9 And that you may view it differently if you 10 have an opportunity to review it again in the 11 future. 12 And it is not unreasonable in some way for Mrs. • 13 Metts to understand that. What I don't think the 14 Commission intends to do, and I wouldn't want the 15 record to even infer that, would be that we today in 16 this room decide how we would vote if it came back 17 to us and we had another chance to look at it. 18 I mean if it comes back to you in some way for 19 a vote, either the Court sends it back or some other 20 alternative is provided and you have a chance to 21 vote on a potential settlement or if other ways are 22 provided to provide the same services you would be 23 required then to look at what is before you on that 24 day and make a decision on that day. And so the 25 record needs to -- C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 118 41110 1 CHAIRMAN MAYOR DALE: And I think the parking 2 issue would come back with- - 3 MR. COLBERT: And so the record needs to be 4 clear that - -And if she understands that you have 5 some concerns and some misgivings, if she 6 understands, if that is the consensus of the 7 Commission, that you want to look for other avenues 8 to resolve it, that you expect her to be at the 9 table and mediate in good faith, and the City 10 intends to do that in good faith, there is nothing 11 wrong with communicating that to her. 12 Is that helpful? Do you understand what I'm 13 saying there? 14 CITY COMMISSIONER WHITEY ECKSTEIN: Yep. 15 CHAIRMAN MAYOR DALE: Okay. Does anybody have 16 a problem with us not objecting to an injunction, 17 moving to mediation, having Tony go to Mrs. Metts 18 and say There are a lot of misgivings here on the 19 Commission and we want to look to avenues of 20 settlement; and we would expect you to be there at 21 mediation? 22 CITY COMMISSIONER BRADY LESSARD: Well, now, 23 can she legally come to mediation if they don't name 24 her as a Defendant? 25 CHAIRMAN MAYOR DALE: Voluntarily she could. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 119 • 1 CITY COMMISSIONER BRADY LESSARD: Oh, she can? 2 I don't know if she can or not. 3 MR. COLBERT: She could voluntarily. She could 4 ask to enter the case even if they don't bring her 5 into the case. 6 They could bring her into the case. Yes, they 7 could bring her into the case. We could seek to do 8 it - -We could seek to bring her into the case if we 9 chose to. 10 I think an easier avenue is for the Plaintiff 11 to seek to do that. 12 CITY COMMISSIONER BRADY LESSARD: Right. And • 13 it's cheaper for us to let them do that. 14 MR. COLBERT: Yes. That's one thing that makes 15 it easier for us as Attorneys. 16 CHAIRMAN MAYOR DALE: Well, I think you have 17 seen a consensus of at least three here, that we 18 don't want to spend a whole lot of money on this, 19 because we fear that our case is weak. 20 CITY COMMISSIONER WHITEY ECKSTEIN: I think all 21 of us agree, don't we? I should hope we would all 22 agree that we don't want to spend a lot of money for 23 a few thousand dollars. 24 MR. COLBERT: No. 25 CITY COMMISSIONER MAC MC CLANAHAN:: No, but I 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 1 don't want to roll over and play dead or set a 120 2 precedent that all anybody has to do when they 3 disagree with three votes on the Commission is to 4 bring a lawsuit and that's the end of it. 5 CITY COMMISSIONER WHITEY ECKSTEIN: Right. 6 CITY COMMISSIONER MAC MC CLANAHAN: I would 7 hate for that to be perceived out there -- 8 CHAIRMAN MAYOR DALE: There is no precedent on 9 that, even if we, even if that were their 10 perception, there is no legal precedent that we 11 could just simply say the next time that you -all had 12 a very bad perception, because- - 13 CITY COMMISSIONER WHITEY ECKSTEIN: Yes. 14 MR. COLBERT: Well, based on what I've heard 15 from the Commission on a consensus basis, what we 16 will do is contact Plaintiffs' Counsel within the 17 next day or two through Mrs. Reischmann, who is in 18 the trenches on this; and we will communicate that 19 the consensus of the Commission is that we would not 20 oppose and perhaps we would join in a temporary 21 injunction if they seek a hearing before the Court 22 before the fourteenth. 23 And that we would support and agree to a court - 24 ordered mediation sooner in the case rather than 25 later if they bring her into the case. • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 121 1 And then as we approach that mediation we would 2 try, from the City's standpoint, to have some 3 alternatives out there on the table for Mrs. Metts 4 to consider. 5 And go from there. The staff, I think, if that 6 is the consensus of the Commission, can go from here 7 and try to identify other alternatives and 8 communicate to Mrs. Metts the desire of the City to 9 explore those alternatives and be helpful. 10 And we will ask you for another Attorney- Client 11 Session should we feel the need to do so as we get 12 to a mediation and where we are on it. 110 13 Any settlement would have to be approved by you 14 before we could agree to it. 15 We could say to the mediator that would be 16 something we as the Attorneys for the City would 17 support and would recommend to the City Commission 18 but the City Commission would have to approve it. 19 And so I think that meets, if that's the 20 consensus of the Commission, that meets the 21 instruction that I needed. 22 Remember that what I needed today was to talk 23 to you concerning strategy in the case and potential 24 ways to control the cost. 25 I think the consensus you helped develop helps • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 122 1 me try to control those costs and bring the case to 2 a quicker conclusion than we otherwise could. 3 CITY COMMISSIONER WHITEY ECKSTEIN: I have a 4 question, Bill. 5 MR. COLBERT: Yes, sir. 6 CITY COMMISSIONER WHITEY ECKSTEIN: What would 7 happen...and I want to say this and this - -if we went 8 to DeSantis and them and got Mrs. Metts to agree to 9 serve once a week. 10 CITY COMMISSIONER BRADY LESSARD: Once a what? 11 CITY COMMISSIONER WHITEY ECKSTEIN: Once a 12 week. • 13 CITY COMMISSIONER BRADY LESSARD: Oh, to the 14 Plaintiffs? I know it's hard for everybody on this 15 Commission to believe but I don't interact- - 16 CITY COMMISSIONER WHITEY ECKSTEIN: You don't 17 know? 18 CITY COMMISSIONER BRADY LESSARD: I don't 19 interact. On a legal level- - 20 CITY COMMISSIONER WHITEY ECKSTEIN: Okay. 21 Well, that's okay. No, I understand, but if she 22 went to once a week, okay? 23 CHAIRMAN MAYOR DALE: Well, that's one of the 24 avenues they could explore. 25 CITY COMMISSIONER WHITEY ECKSTEIN: Well, 410 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 123 1 that's my point, and that's my point. And that's 2 what we're here for, to brainstorm. 3 CHAIRMAN MAYOR DALE: Yes. 4 CITY COMMISSIONER WHITEY ECKSTEIN: I mean, you 5 know, we got the sentiment that the community - -You 6 know, it's something to think about. 7 CITY COMMISSIONER BRADY LESSARD: Right. I 8 absolutely agree with what you're saying. 9 MR. COLBERT: Except they would be of the 10 opinion if they gave you that point they would be 11 admitting that their lawsuit is frivolous. 12 CITY COMMISSIONER BRADY LESSARD: Well- - • 13 CHAIRMAN MAYOR DALE: Well, you never know, 14 Mac- - 15 MR. COLBERT: That is my interpretation of it. 16 CITY COMMISSIONER WHITEY ECKSTEIN: Well, if 17 we -- 18 CITY COMMISSIONER BRADY LESSARD: I'll tell 19 you this, Whitey, that is a question that could be 20 easily answered. 21 CHAIRMAN MAYOR DALE: Throw the bone out on 22 everything, and the bone may come back on us. 23 CITY COMMISSIONER WHITEY ECKSTEIN: That's 24 right. I mean, Larry, I hope these gentlemen 25 understand that, you know, they have to work with • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 124 1 the City Commission, too; so I hope they are, you 2 know, that the recalcitrant is not there, and they, 3 that they would be willing to figure out something 4 with the City as good citizens. 5 CITY COMMISSIONER BRADY LESSARD: Oh, I agree 6 with you, Whitey, but I want you to understand I am 7 not going to carry that message to them. 8 I don't think I -- 9 CITY COMMISSIONER WHITEY ECKSTEIN: No, I 10 didn't ask you. I didn't ask you to carry that 11 message to them. 12 CHAIRMAN MAYOR DALE: Well, Tony would do that. • 13 CITY COMMISSIONER WHITEY ECKSTEIN: Yes. 14 CHAIRMAN MAYOR DALE: Or with the mediation, 15 throw that out- - 16 CITY COMMISSIONER WHITEY ECKSTEIN: Yes, but 17 you're the District Commissioner; and I'm just 18 saying as a -- 19 MR. COLBERT: That would be part of the 20 mediation, I would think. 21 CITY COMMISSIONER BRADY LESSARD: Yes. 22 CITY COMMISSIONER WHITEY ECKSTEIN: An olive 23 branch, if you will. 24 CHAIRMAN MAYOR DALE: Yes. Well, like I say, 25 the biggest concern I have is that if, if for some • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 125 • 1 fluke or reason we won this thing or if it went 2 away, you know, because they dropped the suit, the 3 biggest concern I would have would be for other 4 entities coming forward and saying, "I don't have 5 any money for parking either. And since you let her 6 do it," that would really open up a can of worms. 7 COMMISSIONER VELMA WILLIAMS: Well, let me ask 8 you, Why is that particular piece of land in the 9 Historic District? Is it generally in it -- 10 CITY COMMISSIONER MAC MC CLANAHAN: They just 11 went all to French Avenue- - 12 CHAIRMAN MAYOR DALE: They went and- - 13 CITY COMMISSIONER WHITEY ECKSTEIN: They • 14 squared off. 15 CITY COMMISSIONER BRADY LESSARD: And see, 16 that was done long before you and I and Velma were 17 here. What they did- - 18 COMMISSIONER VELMA WILLIAMS: I don't know why 19 that warehouse is in the Historic District. 20 CHAIRMAN MAYOR DALE: And you weren't here, 21 too. 22 CITY COMMISSIONER BRADY LESSARD: I talked to 23 Andrew Mandell about it -- 24 CHAIRMAN MAYOR DALE: Was that done while you 25 were here or -- C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • • • 126 • 1 CITY COMMISSIONER MAC MC CLANAHAN: It was done 2 over my screaming. 3 CITY COMMISSIONER BRADY LESSARD: What they 4 did, from what Andrew Mandell and Jay say is they 5 came up with that Historic District, you -all did 6 that- - 7 COMMISSIONER VELMA WILLIAMS: Umm -hmm. 8 CITY COMMISSIONER BRADY LESSARD: Then - -and 9 they drove through there and did all the 10 contributing to the Historical structures in it. 11 CHAIRMAN MAYOR DALE: Well, they didn't think 12 that was a contributing structure. !II 13 CITY MANAGER MR. TONY VAN DERWORP: It is a 14 scatter map, and you draw the boundaries around it. 15 You try to identify as many structures as you 16 can; and then just kind of square off the 17 boundaries and- - 18 CITY COMMISSIONER WHITEY ECKSTEIN: Yes, but 19 Mac, you didn't disagree with that. What you 20 disagreed with was the real strict Historic 21 Preservation Codes that were in effect. 22 CHAIRMAN MAYOR DALE: Well, that's true. 23 CITY COMMISSIONER WHITEY ECKSTEIN: And that 24 the City Commission wouldn't get the final say. 25 That is what we fought over. 411 C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 127 • 1 CITY COMMISSIONER BRADY LESSARD: Well, I've 2 got one question- - 3 CITY COMMISSIONER MAC MC CLANAHAN: - -there was 4 a blond house over there... 5 CITY COMMISSIONER BRADY LESSARD: We talked on 6 this voluntary, temporary injunction deal. 7 Now, are -- Because I think that's important to 8 have it articulated to us. 9 Who is going to be enforcing that? I mean- - 10 CHAIRMAN MAYOR DALE: The Court is, the Court. 11 MR. COLBERT: The Court. 12 CITY COMMISSIONER BRADY LESSARD: So who's 10 13 going to get served with the injunction? 14 CHAIRMAN MAYOR DALE: We will- - 15 CITY COMMISSIONER BRADY LESSARD: We will, or 16 Jean Metts? or both? 17 MR. COLBERT: All of the parties to the lawsuit 18 will be bound by the Court's issuance of an 19 injunction if the Court does that. 20 CHAIRMAN MAYOR DALE: And now that is just us 21 and the Plaintiffs. 22 CITY COMMISSIONER BRADY LESSARD: Correct. So 23 what I'm saying is, okay, right now, and you - -He is 24 talking about an injunction- - 25 CHAIRMAN MAYOR DALE: If they're smart...he's C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 128 1 saying if they're smart, and what he thinks they're 2 going to do, they're going to join her in this 3 thing- - 4 CITY COMMISSIONER BRADY LESSARD: Prior to 5 them seeking an injunction, okay. 6 CHAIRMAN MAYOR DALE: And that's probably what 7 is going to happen. 8 MS. REISCHMANN: We would be enjoined from the 9 Development Order issuing. 10 CITY COMMISSIONER BRADY LESSARD: Right. 11 MS. REISCHMANN: Which is the parking variance. 12 We would be enjoined from issuing that, so to speak. 13 CITY COMMISSIONER BRADY LESSARD: So, in a 14 hypothetical, where they don't enjoin Seminole 15 Volunteer Enterprises we, we would be left to 16 enforce the Court's injunction? 17 CHAIRMAN MAYOR DALE: That's right. 18 MR. COLBERT: Yes. 19 CITY COMMISSIONER BRADY LESSARD: And that's 20 all I'm saying. 21 MR. COLBERT: Yes, but we can't- - 22 CITY COMMISSIONER WHITEY ECKSTEIN: How do you 23 enforce it? 24 CHAIRMAN MAYOR DALE: Well, if we're under 25 court order, I mean, you know, we -- • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 129 1 CITY COMMISSIONER BRADY LESSARD: Well, how 2 are you going to - -I don't know. 3 CITY COMMISSIONER WHITEY ECKSTEIN: Have the 4 police brought in? 5 CITY MANAGER MR. TONY VAN DERWORP: Well, we, 6 you know, we would have to go...we would have to go 7 with a Code Enforcement action; and if there is a 8 public assembly, I think we could shut that down; 9 because it is a public - assembly issue. 10 I think we can tape off the area, put a notice 11 up and- - 12 CHAIRMAN MAYOR DALE: But I don't think that's • 13 going to happen. I think they're going to join her 14 in this thing and she's going to be under the 15 injunction, right? 16 MR. COLBERT: That's what I expect to happen. 17 That is what- - 18 CHAIRMAN MAYOR DALE: If they're smart that's 19 what they will do. 20 MS. REISCHMANN: Well, if the order, if the 21 injunction order is issued, even if she is not in 22 it, then the Plaintiffs can go to the Court and say 23 she is violating it; and then the Court can enforce 24 the order. 25 CHAIRMAN MAYOR DALE: Yes, so you're going to C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 130 1 have the Court in it anyway. 2 MR. COLBERT: Yes. What we want to do is, you 3 know, from the legal standpoint, is just have it 4 subject to the jurisdiction of the Court, so it is 5 not all the City's- - 6 CITY COMMISSIONER BRADY LESSARD: Right. I 7 just don't want to be found in contempt of court- - 8 MR. COLBERT: That's right. And we will 9 certainly do our best to see that that doesn't 10 happen. 11 CHAIRMAN MAYOR DALE: Okay. Anything else? 12 MR. COLBERT: Well, this concludes the private 411 13 part of this. We need to, when the Commission is 14 ready, we need to open it back as a public meeting 15 to officially adjourn and let me make a couple of 16 comments on the record. 17 CITY COMMISSIONER MAC MC CLANAHAN: Well, 18 before we do that, my understanding of what took 19 place here stays here within our - -we don't go 20 discuss this with anybody. 21 CHAIRMAN MAYOR DALE: Oh, that's right. 22 MR. COLBERT: Yes, that's correct. This 23 meeting is a delayed broadcast. 24 CHAIRMAN MAYOR DALE: Other than the fact that 25 Tony has the authority to go back and meet with C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 131 411 1 Jean. 2 CITY COMMISSIONER MAC MC CLANAHAN: Yes, I 3 understand that. 4 MR. COLBERT: And we have a responsibility from 5 what you've done, to go put in effect what you've 6 said. 7 And you have a responsibility as Commissioners 8 not to go out and talk to your constituents- - 9 CHAIRMAN MAYOR DALE: Or to the press. 10 MR. COLBERT: - -what is done here. 11 CITY COMMISSIONER MAC MC CLANAHAN: Should we, 12 then, when we go back into the public session give 13 Tony the instructions on the public part of it? 14 MR. COLBERT: No, no, it doesn't have to be. 15 CHAIRMAN MAYOR DALE: No, he can go ahead and 16 now do that, I think. 17 CITY COMMISSIONER WHITEY ECKSTEIN: How long is 18 the delayed broadcast? 19 CITY COMMISSIONER BRADY LESSARD: That is what 20 I was going to - -now, what- - 21 MR. COLBERT: Until the end of the lawsuit. 22 CITY COMMISSIONER WHITEY ECKSTEIN; Right. 23 CITY COMMISSIONER BRADY LESSARD: Well, that 24 was my only question. 25 CITY MANAGER MR. TONY VAN DERWORP: And then !II C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 1 132 • 1 the other question I have is that, At which point in 2 time should I approach Metts with some of these 3 settlement options and what the Commission did here, 4 do I include them or wait until the injunction is 5 filed or -- 6 MR. COLBERT: Let us, someone in our office 7 have just a day or two to digest what we've done 8 here; and then let us get with you and have a 9 discussion on the timing of it. 10 But I wouldn't do anything at nine o'clock in 11 the morning. 12 CHAIRMAN MAYOR DALE: But brief all us before • 13 you do that. 14 MR. COLBERT: I think it is something that we 15 will want to try to begin to accomplish within the 16 week. 17 CITY MANAGER MR. TONY VAN DERWORP: Yes, I 18 understand the importance of that last comment. 19 CHAIRMAN MAYOR DALE: Okay. Are we ready, 20 then, to open back to the public meeting? 21 MR. COLBERT: I think so. 22 (Thereupon the following proceedings were had 23 in public forum:) 24 CHAIRMAN MAYOR DALE: All right. Having closed 25 the Executive, closed session, we will re -open this • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 133 • 1 to the public meeting and, Bill, wrap it up. You 2 have the floor. 3 MR. COLBERT: Thank you, Mayor. I want to 4 thank the Commission for the time and attention that 5 you have provided us on this. 6 This meeting has taken approximately two hours, 7 a little longer than the hour to an hour and a half 8 that I predicted. 9 I do appreciate your input regarding settlement 10 negotiations and strategy relating to the 11 controlling of litigation expenditures. I thank you 12 for your input. 13 I think it has been helpful in that regard. 14 Mrs. Reischmann and I at this point will go forward 15 and try to put in effect the Commission's desires in 16 this. 17 We will advise you should we feel the need for 18 another Attorney - Client Session; and otherwise we 19 will be reporting to you in regular public sessions 20 of our progress. 21 Thank you, sir. 22 CHAIRMAN MAYOR DALE: Thank you. The meeting 23 is adjourned. 24 (Thereupon the public and Executive Sessions 25 were concluded.) • C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422 • 134 1 2 CERTIFICATE OF NOTARY /CSR 3 STATE OF FLORIDA ) 4 SS. 5 COUNTY OF SEMINOLE ) 6 I, C. B. Ellerbe, CP, CSR and Notary Public, 7 State of Florida at Large, do hereby certify that I 8 was authorized to and did report the proceedings in 9 the foregoing cause to the best of my abilities, 10 Pages 1 through 133. 11 I further certify that said transcription is a 12 true and correct record of my stenographic report of 411 13 said cause. 14 IN WITNESS WHEREOF I have hereunto affixed my 15 hand and official seals this the 4th day of 16 February, A. D., 2000, in the City of Sanford, 17 County of Seminole, State of Florida. 18 , ;1 / / lam" 19 (SEALS) ( C. . �LLERBE CP CSR 20 CURTIS B. ELLERBE 21 * Commission # CC 396353 is Sep 22, 2002 >tssdad Una Ocnl Ins. Co. 22 G 23 r r CU.:c �►. certlfk;; 24 r d� reporter, State c;_ la. CFA at Lam 25 i C. B. Ellerbe & Associates P.O. Box 1422 Sanford, FL 32772 -1422