HomeMy WebLinkAbout_1998 10 15 City Commission Special Meeting Minutes
SPECIAL MEETING
CITY COMMISSION
OCTOBER 15,1998
The Special Meeting of the City Commission was called to order at 2:10 p.m. by Mayor
Paul P. Partyka.
ROLLCALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
City Manager Ronald W. McLemore, present
Attorney Bob Guthrie, present
COMMISSIONERS:
Robert S. Miller, absent
Michael S. Blake, present
Ed Martinez, present
David McLeod, present
Attorney Guthrie stated that the purpose of this Special Meeting is so that the
Commission can conduct a Closed Executive Session pursuant to Section 286.011 F.S.
The case the Commission will be discussing is Florida Country Clubs Inc., vs. The City
of Winter Springs and is case no. 91-2244CA16-E, pending in the 18th Judicial Circuit in
and for Seminole County. Attorney Guthrie said persons expected to attend this
Executive Session are: Mayor Paul P. Partyka, Deputy Mayor Cindy Gennell,
Commissioners Blake, Martinez and McLeod, Attorney Guthrie, Attorney Blackwell and
City Manager McLemore. Attorney Guthrie stated that a court reporter will be present
and a transcript will be made of the proceedings and that transcript will be made public
record at the conclusion of the litigation.
Attorney Blackwell stated that in addition to the case stated by Attorney Guthrie, there is
a pending court case where mediation is scheduled toward the end of this month and said
there may be some limited discussion of that case as well and stated that is a Federal
Court Lawsuit pending in Tampa. Attorney Guthrie stated that the two cases interrelate
and said it is appropriate for this session.
Mayor Partyka recessed the Special Meeting at 2:14 p.m. Mayor Partyka reconvened the
meeting at 4:28 p.m.
Attorney Guthrie said the Executive Session is concluded and said it concluded
approximately 4:25 p.m. and stated that there is a couple of items that he would like Mr.
Blackwell to address relating to the pending cases.
Mr. Blackwell asked the authority of the City Commission potentially to delegate to the
City Manager the authority to hire one or more consultants for a sum initially, and not to
exceed $12,500 which he said he would like to utilize in connection with the pending
litigation in Seminole County.
Motion was made by Commissioner Blake to approve the recommendation stated by
Attorney Blackwell. Seconded by Commissioner Martinez. Discussion. Vote:
Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez:
aye; Commissioner Blake: aye. Motion passes.
Special Meeting City Commission October 15. 1998 97-98-46
Page 2
Motion was made by Commissioner Blake that the Commission authorizes the
attendance of the City Manager as well as special council Blackwell at any hearings
scheduled subject to the Florida Country Clubs case or any of those Florida
Country Club cases that will occur on or around the end of October 1998, (the
mediation proceedings) and in the Manager's absence, it will be under the
Manager's power to designate a representative for the City that he sees best fit,
whether it be another individual to attend along with Mr. Blackwell or to have Mr.
Blackwell attend and be the City's representative as well. Seconded by
Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye;
Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner McLeod:
aye. Motion passes.
Attorney Blackwell said there has been some question by F.C.C. representatives that he
(Blackwell) is not entitled to deal in any of the issues in the Federal Lawsuit and said it
has always been his understanding that the City wanted him to take that roll which he as
assumed, and said he would simply would like the Commission to concur that that is in
fact what he has been doing, although he is not Council of record in that lawsuit.
It was the consensus of the Commission that Mr. Blackwell is a representative for the
City.
Attorney Guthrie stated that he recommends that the Commission schedule an Executive
Session in the Federal Case involving the Florida Country Clubs Inc, vs. the City of
Winter Springs and many other defendants, pending in the middle district of Florida in
the Tampa Division and said he recommends the Commission schedule an executive
session so that the Commission will be available to act if needed based on what occurs at
the mediation. Attorney Guthrie recommended that this Executive Session be scheduled
for October 26, 1998 sometime after 6:30 p.m. if there is a necessity for it here at City
Hall.
It was the consensus of the Commission to hold an Executive Session if needed.
The meeting adjourned at 4:35 p.m.
Respectfully Submitted,
~A'~
Margo M. Pierce, CMC
City Clerk