08-24-15 Atty-Client Agenda & MinutesCITY OF SANFORD
CITY COMMISSION SPECIAL ATTORNEY- CLIENT SESSION
MONDAY, August 24, 2015'
3:30 tam
PUBLIC NOTICE
TO WHOM IT MAY CONCERN:
Railroad Depot Room
2nd Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
Please be advised that the City Commission of the City of Sanford will meet in an attorney - client
session on August 24, 2015, at 3:30 P.M., in the Railroad Depot Room located on the Second Floor
of Sanford City Hall, 300 North Park Avenue, Sanford, Florida. The attorney- client session will last
approximately fifteen minutes. The agenda for the meeting follows:
AGENDA
Wssy# rolsa taIzI �
1. Request of City Attorney. The City Attorney requested an attorney - client session with
the City Commission in accordance with the provisions of Section 286.011 (8), Florida Statutes, to
discuss pending litigation filed against the City said litigation files and styled as follows: Maece
Taylor, Inc. v. City of Sanford, Florida (Case No. 11 -CA- 3445 -15 -L) with jurisdiction residing in the
18th Judicial Circuit Court, Seminole County, Florida.
2. Attendees of the Attorney - Client Session: City Commission; City Manager Norton N.
Bonaparte, Jr.; City Attorney William Colbert; and a duly authorized court reporter. The certified court
reporter will be present to ensure that the attorney - client session is fully transcribed and that the
transcript will be made.
3. Begin Attorney- Client Session. Discussion of litigation. Likely to be about fifteen
minutes in duration.
4. End Attorney - Client Session. Public discussion by City Commission, if desired.
5. Adjournment.
Although no decision will be made that is subject of appeal during the course of the meeting /session,
all persons are hereby advised that, pursuant to Section 286.0105, Florida Statutes, any person
11 P a a.
desiring to appeal any decision will need a record of the proceedings and may need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which
the appeal is to be based. A transcript will be provided by the City of Sanford as required by law, but
a record will not otherwise be provided.
In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to
participate in any of these proceedings, to the extent allowed, should contact the City Clerk at
407.688.5010 in advance of the meeting.
2 (Pa f;
Page 1
1 SANFORD CITY COMMISSION
CeIrfiffied
2 SPECIAL ATTORNEY - CLIENT SESSION copy
3 MONDAY, AUGUST 24, 2015
4 emi a �i
5 +�
6 In accordance with the provisions of Section
7 286.011 (8), Florida Statutes, a special meeting was
8 held at the Sanford City Hall, Railroad Depot Conference
9 Room, 200 North Park Avenue, Sanford, Florida, on
10 Monday, August 10, 2015, at 3:30 p.m., to discuss
11 pending litigation styled as: Maece Taylor, Inc. v City
12 of Sanford, Florida (Case No. 11 -CA- 3445- 15 -L), and
13 reported by Julie Evans, Shorthand Reporter and Notary
14 Public, State of Florida.
15
16
IN ATTENDANCE:
17
MAYOR JEFF TRIPLETT
18 CITY MANAGER NORTON N. BONAPARTE, JR_
COMMISSIONER ART WOODRUFF
19 COMMISSIONER RANDY JONES
COMMISSIONER PATTY MAHANY
20 COMMISSIONER VELMA WILLIAMS
CITY ATTORNEY WILLIAM L. COLBERT, ESQUIRE
21
22
23
24
25
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PROCEEDINGS
1
good news for us, in that I think it helped
2
MR. COLBERT: We'll start for a minute with the
2
facilitate interest in settling at a very, what I
3
door open, and then we'll need to close it. Do you
3
think is a reasonable amount. I think that helped
4
want to call it to order?
4
us.
5
MAYOR TRIPLETT: I will. I call it to order.
5
We went to mediation last week. The mayor was
6
(Whereupon, the attorney - client session began.)
6
present, and I'm happy to advise you, I'd like to
7
MR. COLBERT: Mayor and Commissioners, I
7
take him to any mediation. He was great.
8
appreciate you -all getting together in an
8
MAYOR TRIPLETT: Very kind.
9
attorney - client session. In a minute, I'll talk to
9
MR. COLBERT: He let the mediator know really
10
you about the status of the Maece Taylor case,
10
quickly that the City didn't have a blank check and
11
which is the Mayfair case -- the status and the
11
that we would consider reasonable offers, but we
12
potential resolution of the case. I expect the
12
would not be taken advantage of. I think the
13
meeting to take about 15 minutes.
13
mediator clearly gave that message to the other
14
MAYOR TRIPLETT: Okay. Thank you.
14
side, and by about noon or a little bit later, we
15
MR. COLBERT: About two weeks ago, we had an
15
had what I think -- and I'll let the mayor tell you
16
attorney- client session, and we told you that the
16
what he thinks -- is a pretty good settlement for
17
case was set for mediation later this month and had
17
the City.
18
a potential for trial next month. The day after we
18
We started with the other side putting up a
19
met, we told you there was a hearing in front of a
19
figure of $1.7 million, plus interest. We quickly
20
judge, and there would be a decision of whether he
20
took the position there would be no seven - figure
21
would keep the case or transfer it, since he became
21
settlement. We initially offered a $50,000 cash
22
chief judge, and whether or not it would be a
22
amount, plus the forgiveness of the judgment of
23
non. jury trial or a jury trial.
23
about 120,000 that we had against them.
24
The day after we met he decided he would keep
24
They came down some. We didn't go up much.
25
it and that it would be a non jury trial. That was
25
But, by noon, we took one last effort, and they
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1
agreed to settle for the sum of $200,000, period.
1
money?
2
That is roughly 10 cents on the dollar from where
2
MR. COLBERT: Yes, sir.
3
it would be at 1.7 million, plus interest.
3
COMMISSIONER MAHANY: That does include the
4
As we talked to you two weeks ago, there's
4
forgiveness?
5
always the uncertainty of litigation, that any time
5
COMMISSIONER WOODRUFF: That includes the
6
something can be settled -- come in.
6
forgiveness. So the total cost to us?
7
(Commissioner Velma Williams entered the
7
MR. COLBERT: The total cost to the City is
8 attomey - client session.)
8
200,000.
9
MR. COLBERT: Any time something can be settled
9
COMMISSIONER MAHANY: But we're forgiving 320.
10
at 10 cents on the dollar and there's litigation
10
MAYOR TRIPLETT: Which we weren't going to
11
involved and public funds involved, you're going to
11
collect.
12
hear me recommend, most often, a settlement. We
12
COMMISSIONER MAHANY: We were never going to
13
have the ability to get it settled, if the
13
collect. I know.
14
Commission authorizes it.
14
MAYOR TRIPLETT: They have no assets.
15
We told them that if the Commission authorized
15
COMMISSIONER MAHANY: I know.
16
it, we would have a check to Mr. Lawton's firm for
16
MR. COLBERT: They're basically judgment- proof,
17
that amount by the end of this month, which is next
17
even though there's a judgment against them.
18
Monday. He will obtain a full satisfaction and
18
COMMISSIONER MAHANY: Sure. Sure.
19
release from the Plaintiff before releasing the
19
MR. COLBERT: The only asset of that
20
funds to them. And then, once the full
20
corporation was the lease, and the lease has been
21
satisfaction and release is obtained, the
21
canceled, plus whatever miscellaneous equipment
22
litigation will be dismissed and this will be
22
they had. There are no other assets in that
23
behind us.
23
corporation. So in effect, the City, if we tried
24
MR. BONAPARTE. Thank you, Mr. Mayor. The 200
24
to collect the judgment, we'd be spending money to
25
is in addition to the forgiveness of the water
25
not collect.
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1 COMMISSIONER WOODRUFF: So we're writing a
2 check for $200,000 and forgiving the $100,000?
3 MR. COLBERT: Yes.
4 COMMISSIONER MAHANY: Well, good job, Jeff.
5 MR. COLBERT: Mayor?
6 MAYOR TRIPLETT: That's a good sum -up of it.
7 And it was very evident that they were searching
8 with the public -- with the representative there of
9 the estate, that they're trying to collect anything
10 that they can, to pay off their debts and/or
I 1 whatever else is out there. So when we got to
12 talking about the judgment, it was, "Well, where
13 would we even stand in line for this ?" And it's
14 evident that their line is long.
15 COMMISSIONER MAHANY: Oh, yeah.
16 MAYOR TRIPLETT: And the dollars are not there.
17 So I think it's fair for us to get beyond them and
18 be done and sign the papers and move on.
19 (Commissioner Jones entered the attorney - client
20 session.)
21 COMMISSIONER WOODRUFF: I may have been missing
22 the timing, but I believe Commissioner Jones and
23 Commissioner Williams may not have been here when
24 Mr. Colbert talked about their initial starting
25 price.
Pages 6..9
1 MR. COLBERT: To reiterate, when we started the
2 mediation, the figures that they were talking about
3 was $1,700,000, plus interest, which would have
4 worked out to close to $2 million. That was where
5 they started.
6 They came down a little bit, initially. We
7 made it clear, early on, that there would be no
8 seven - figure settlement, and we made clear pretty
9 quick that there would be no mid -six figure
10 settlement. So the mayor helped us set the
11 parameters with the mediator very quickly and we
12 were prepared to be there all day and we did not
13 have to be.
14 COMMISSIONER MAHANY: Good.
15 COMMISSIONER WILLIAMS: Good.
16 MAYOR TRIPLETT: So I think it worked out to
17 our benefit, in the long run.
18 COMMISSIONER MAHANY: Great.
19 COMMISSIONER WOODRUFF: What's the next thing
20 we need to do?
21 MR. COLBERT: Let me clarify one thing, and
22 I'll tell you what we need to do. You asked at the
23 last meeting, you thought you recalled that there
24 was some cash that had been paid to the Daniels.
25 And I told you that I didn't remember it but that I
I
was not directly involved in it. There was cash
1
2
paid; somewhere around 700,000 is what that figure
2
3
was. I wanted to get back to you and let you know:
3
4
your memory was correct.
4
5
COMMISSIONER WOODRUFF: Which happens less
5
6
often and less often.
6
7
MR. COLBERT: The City put in some cash, back
7
8
then, to help get the Daniels off the lease. And
8
9
there was an auction held through mediation. There
9
10
were three bidders, including the baseball player,
10
11
Roger Maris, was part of one of the groups that was
11
12
bidding for this. And Mr. Forbes (ph) was kind of
12
13
a dark horse and came in at the highest figure,
13
14
which is the way he got the lease. And the
14
15
mediator was the mediator back then, but I did not
15
16
recall that, because Mr. McIntosh and Jack Bridges
16
17
were the point people on that particular matter.
17
18
What we need to do, if you -all have any
18
19
questions, this would be a good time to ask them.
19
20
I always like to settle a case in the public
20
21
meeting, so under my report I will give the
21
22
briefest thing, that basically says that we were
22
23
able to mediate the case, that we were able to
23
24
settle it for approximately 10 cents on the dollar,
24
25
and the figure is 200,000, to come from reserves,
25
and as I mentioned to you in the attorney - client
session, that I recommend it and that I recommend
the Commission authorize the settlement of it.
You -all can make a motion and second, and we can go
forward.
If there's anything you want to say in the
public meeting, it's okay. But this is not the
only case that we will litigate; we litigate them
off and on. And if we take the public position:
"Oh, we really did something really good; we
settled this for less than we thought we'd have to,
and ya -da, ya -da," that's going to get out, and
it's going to make the next case and the next one
and the next one harder to deal with. So I think
the less said, other than that we're glad that we
were able to get it resolved and glad to get it
resolved at a reasonable number, is the best public
persona to put on this.
MAYOR TRIPLETT: We should send a "thank you"
to -- I don't know how to do it or what we need to
do -- but send a "thank you" to the Florida League,
for standing behind us.
COMMISSIONER MAHANY: Yeah.
MAYOR TRIPLETT: And if there's a question at
all about the dollar level that we're spending out
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of reserves for this, we can automatically go back
1
2
in and say, "We didn't spend any attorney fees. It
2
3
was on The League, when it was questionable, and if
3
4
we went to trial, even more questionable that they
4
5
would continue."
5
6
MR. COLBERT: I think a letter to The League
6
7
from the Commission under the signature of the
7
8
Mayor, thanking them for their assistance, once
8
9
this is actually closed -- it will be closed at
9
10
about 10 days or two weeks -- I think it's most
10
11
appropriate.
11
12
MR. BONAPARTE: Two things. One, if I could
12
13
respectively see if the City Attorney's office will
13
14
prepare a letter for our signature.
14
15
MR. COLBERT: We could do that.
15
16
MR. BONAPARTE: And then, secondly, with all
16
17
due respect to the other members of the Commission,
17
18
as you had asked the Mayor to be the representative
18
19
at the settlement, perhaps if there are any media
19
20
questions about this, simply refer them to the
20
21
Mayor.
21
22
COMMISSIONER MAHANY: I'm going to refer not
22
23
only media, but residents.
23
24
MAYOR TRIPLETT: Thanks.
24
25
COMMISSIONER MAHANY: Love you. Got your home
25
1 C E R T I F I C A T E
2 STATE OF FLORIDA
3 COUNTY OF SEMINOLE
4
5 I, JULIE EVANS, COURT REPORTER, certify that I
6 was authorized to and did stenographically report the
7 foregoing proceedings; and that the transcript is a true
8 and complete record of my stenographic notes.
9
10 I further certify that I am not a relative,
11 employee, attorney, or counsel of any of the parties,
12 nor am I a relative or employee of any of the parties'
13 attorneys or counsel connected with the action, nor am I
14 financially interested in the action.
15
16 Dated this 2nd day of September 2015.
17
18 9AW1600
19
JULIE EVANS, SSR
20
21
22
23
24
25
Pages 10..12
number.
MAYOR TRIPLETT: No problem.
COMMISSIONER MAHANY: When -- well, I shouldn't
say that -- when I get the call I know I'm going to
get.
MR. BONAPARTE: I think it's -- again, with
respect to the other members -- to have one voice
for the City.
MAYOR TRIPLETT: Yes. And I'd be happy to do
that, so no problem.
Okay? So any questions for the attorney or
Mr. Bonaparte or me about it?
(No response.)
MAYOR TRIPLET: No? Okay.
MR. COLBERT: Okay. Well, I thank you for your
time and attention. And, again, I'll be glad to
take the mayor to any mediation we have.
MAYOR TRIPLETT: Thank you. Very kind of you.
Meeting adjourned.
MR. COLBERT: That's all I have. Thank you.
(Thereupon, the attorney- client session was
concluded at 3:45 o'clock p.m.)
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Index: $1,700,000.. kind
$1,700,000 7:3
$1.7 3:19
$100,000 6:2
$2 7:4
$200,000 4:1 6:2
$50,000 3:21
1
1.7 4:3
10 4:2,10 8:24 10:10
120,000 3:23
15 2:13
2
200 4:24
200,000 5:8 8:25
3
320 5:9
7
700,000 8:2
A
ability 4:13
addition 4:25
advantage 3:12
advise 3:6
agreed 4:1
amount 3:3,22 4:17
and /or 6:10
approximately
8:24
asset 5:19
assets 5:14,22
assistance 10:8
attorney 10:2
Attorney's 10:13
attorney - client 2:6,
9,16 4:8 6:19 9:1
auction 8:9
authorize 9:3
authorized 4:15
authorizes 4:14
automatically 10:1
B
back 8:3,7,1510:1
baseball 8:10
basically 5:16 8:22
began 2:6
benefit 7:17
bidders 8:10
bidding 8:12
bit 3:14 7:6
blank 3:10
BONAPARTE 4:24
10:12,16
Bridges 8:16
briefest 8:22
C
call 2:4,5
canceled 5:21
case 2:10,11,12,17,
21 8:20,23 9:8,13
cash 3:21 7:24 8:1,7
cents 4:2,10 8:24
check 3:10 4:16 6:2
chief 2:22
City 3:10,17 5:7,23
8:7 10:13
clarify 7:21
clear 7:7,8
close 2:3 7:4
closed 10:9
Colbert 2:2,7,15 3:9
4:9 5:2,7,16,19 6:3,
5,24 7:1,21 8:7 10:6,
15
collect 5:11,13,24,
25 6:9
Commission 4:14,
15 9:3 10:7,17
commissioner 4:7
5:3,5,9,12,15,18 6:1,
4,15,19,21,22,23
7:14,15,18,19 8:5
9:23 10:22,25
Commissioners
2:7
continue 10:5
corporation 5:20,
23
correct 8:4
cost 5:6,7
2
Daniels 7:24 8:8
dark 8:13
day 2:18,24 7:12
days 10:10
deal 9:14
debts 6:10
decided 2:24
decision 2:20
directly 8:1
dismissed 4:22
dollar 4:2,10 8:24
9:25
dollars 6:16
door 2:3
due 10:17
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groups 8:11
E
early 7:7
effect 5:23
effort 3:25
end 4:17
entered 4:7 6:19
equipment 5:21
estate 6:9
evident 6:7,14
expect 2:12
0
facilitate 3:2
fair 6:17
fees 10:2
figure 3:19 7:9 8:2,
13,25
figures 7:2
firm 4:16
Florida 9:21
Forbes 8:12
forgiveness 3:22
4:25 5:4,6
forgiving 5:9 6:2
forward 9:5
front 2:19
full 4:18,20
funds 4:11,20
G
gave 3:13
give 8:21
glad 9:15,16
good 3:1,166:4,6
7:14,15 8:19 9:10
great 3:7 7:18
I
happy 3:6
harder 9:14
hear 4:12
hearing 2:19
held 8:9
helped 3:1,3 7:10
highest 8:13
home 10:25
horse 8:13
include 5:3
includes 5:5
including 8:10
initial 6:24
initially 3:21 7:6
interest 3:2,194:3
7:3
involved 4:11 8:1
J
Jack 8:16
Jeff 6:4
job 6:4
Jones 6:19,22
judge 2:20,22
judgment 3:22
5:17,24 6:12
judgment -proof
5:16
jury 2:23
kind 3:8 8:12
Index: Lawton's..water
L
Lawton's 4:16
League 9:21 10:3,6
lease 5:20 8:8,14
letter 10:6,14
level 9:25
litigate 9:8
litigation 4:5,10,22
long 6:14 7:17
Love 10:25
M
made 7:7,8
Maece 2:10
MAHANY 5:3,9,12,
15,18 6:4,15 7:14,18
9 :23 10:22,25
make 9:4,13
Maris 8:11
matter 8:17
Mayfair 2:11
mayor 2:5,7,14 3:5,
8,15 4:24 5:10,14
6:5,6,16 7:10,16
9:19,24 10:8,18,21,
24
McIntosh 8:16
media 10:19,23
mediate 8:23
mediation 2:17 3:5,
7 7:2 8:9
mediator 3:9,13
7:11 8:15
meeting 2:13 7:23
8:21 9:7
members 10:17
memory 8:4
mentioned 9:1
message 3:13
met 2:19,24
mid -six 7:9
million 3:19 4:3 7:4
minute 2:2,9
minutes 2:13
miscellaneous
5:21
missing 6:21
Monday 4:18
money 5:1,24
month 2:17,18 4:17
motion 9:4
move 6:18
news 3:1
non jury 2 :23,25
noon 3:14,25
number 9:17
U
obtain 4:18
obtained 4:21
offered 3:21
offers 3:11
office 10:13
open 2:3
order 2:4,5
P
paid 7:24 8:2
papers 6:18
parameters 7:11
part 8:11
pay 6:10
people 8:17
period 4:1
persona 9:18
ph 8:12
Plaintiff 4:19
player 8:10
point 8:17
position 3:20 9:9
potential 2:12,18
prepare 10:14
prepared 7:12
present 3:6
pretty 3:16 7:8
price 6:25
public 4:116:8 8:20
9:7,9,17
put 8:7 9:18
putting 3:18
Q
question 9:24
questionable 10:3,
4
questions 8:19
10:20
quick 7:9
quickly 3:10,19 7:11
z
reasonable 3:3,11
9:17
recall 8:16
recalled 7:23
recommend 4:12
9:2
refer 10:20,22
reiterate 7:1
release 4:19,21
releasing 4:19
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remember 7:25
report 8:21
representative 6:8
10:18
reserves 8:2510:1
residents 10:23
resolution 2:12
resolved 9:16,17
respect 10:17
Roger 8:11
roughly 4:2
run 7:17
S
satisfaction 4:18,
21
searching 6:7
send .9:19,21
session 2:6,9,16
4:8 6:20 9:2
set 2:17 7:10
settle 4:1 8:20,24
settled 4:6,9,13
9:11
settlement 3:16,21
4:12 7:8,10 9:3
10:19
settling 3:2
seven - figure 3:20
7:8
side 3:14,18
sign 6:18
signature 10:7,14
simply 10:20
sir 5:2
spend 10:2
spending 5:24 9:25
stand 6:13
standing 9:22
Page 14
start 2:2
started 3:18 7:1,5
starting 6:24
status 2:10,11
sum 4:1
sum -up 6:6
n
talk 2:9
talked 4:4 6:24
talking 6:12 7:2
Taylor 2:10
thanking 10:8
thing 7:19,21 8:22
things 10:12
thinks 3:16
thought 7:23 9:11
time 4:5,9 8:19
timing 6:22
told 2:16,19 4:15
7:25
total 5:6,7
transfer 2:21
trial 2:18,23,25 10:4
TRIPLETT 2:5,14
3:8 5:10,14 6:6,16
7:16 9:19,24 10:24
U
uncertainty 4:5
V
Velma 4:7
W
wanted 8:3
water 4:25
Index: week..you -all
week 3:5
weeks 2:15 4:4
10:10
Williams 4:7 6:23
7:15
WOODRUFF 5:5
6:1,21 7:19 8:5
worked 7:4,16
writing 6:1
Y
ya -da 9:12
you -all 2:8 8:18 9:4
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