HomeMy WebLinkAbout1999 06 22 Regular
ATTACHMENT "A"
FROM:
Commissioner Miller
June 21, 1999
SUBJ: THE MAYORS LAWSUIT AND THE CITY ATTORNEY QUESTION.
TO: Paul P. Partyka, Mayor
City of Winter Springs
Mr. Chairman,
Once again I call on you to show the maturity and leader-
ship expected of you as the senior elected official of this
City, and end the saga of your law.suit against this City.
For two years now, you have deliberately taken a stand
adverse to the unanimous position of this Commission.
refer here to your lawsuit against this City, in which you
cavalierly insist only you have the unilateral right to
hire and fire City attorneys whenever it suits your whim.
Your position is wrongheaded. The courts have advised you
of this. Our Charter does not provide you with this
authority, and your court case challenging the Charter of
this City has already cost the taxpayers of Winter Springs,
over $32,000.
Your lawsuit was recently rejected unanimously in a 3 to 0
vote by three Justices of the 5th District Court of
Appeals. That Court also rejected your request for recon-
sideration of your case. That Court unanimously found that
the Charter of the City of Winter Springs is a Mayor-weak
form of government. The Court concluded that the City of
Winter Springs Charter allows you, as Mayor, only to recom-
mend that the Attorney be terminated, but that your recom-
mendation must be ratified by the City Commission.
I was advised last Friday, that you have now appealed the
high courts decision to the Supreme Court of Florida. Let
me make it unequivocab1y clear that the taxpayers and vot-
ers of Winter Springs are intensely annoyed by your conti-
nuing stubborness in this instance, because of the associ-
ated cost to the City required defend its Charter. Espe-
cially because you have also publicly refused to repay a
penny of these costs to the City. I am told by many that
you are the only Mayor in 40 years who has deliberately
chosen to misunderstand the Charter. Even after a unanimous
decision of 3 to 0 against you by three high court jus-
tices, you still refuse to understand.
page 1 of 3
There is another point I would also like to clear up at
this time. You have stated repeatedly from this dias that
the City's relationship with its attorney for the past 18
years has only been with one Attorney in his personal
capacity. And since that attorney was not present, we
should find another. This Commission has never concurred
with your interpretation. Recently, you stated publicly
that you had proof to support your case. You will recall
that I asked you for copies of this proof.
I have reveiewed the three documents you provided to this
Commission: these do not support your case. In fact they
refute your argument. They clearly show that for more than
two decades now, the City of Winter Springs has never had
an exclusive agreement with anyone attorney, but rather,
with a series of law Firms:
1. Prior to November 1982 (18 years ago) the
city of Winter Springs dealt with the law firm
of Pepper. Kruppenbacher. Hamilton. and Sheetz.
(See Enclosure 1)
2. Until September 1988, (12 years ago) the
city of Winter Springs dealt with Bryant,
Miller. Olive. Lan~. and Kruppenbacker. It is
also noteworthy here to point out that the name
of Mr. Thomas Lang also appears as City Attor-
ney on City Hall's 1984 memorial bronze wall
plaque outside in the lobby of this building.
(See Enclosure 2)
3. Until May 1990, the City was dealing with
the law firm of Parker. Johnson. Owen. McGuire.
Lan~ and Kruppenbacher. (See Enclosure 3)
4. Since May 1990, the City has been dealing
with the Firm of Kruooenbacker and Guthrie.
Let me conclude my remarks by repeating that the voters and
taxpayers of Winter Springs are intensely disappointed with
your lack of maturity as Chairman of this Commission. They
are saddened by your refusal to acknowledge the Courts
decision. They are annoyed by your cavalier attitude
regarding the waste of their taxes for your lawsuit. Most
eggregious, is their frustration over your continuing
refusal to work smoothly and harmoniously with this Commis-
sion during one of the most critical times in the develop-
ment of the City of Winter Springs.
page 2 of 3
G
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Once again, Mr. Mayor, for the third time, , publicly ask
you to end this divisive effort of yours which continues to
keep you at odds with the will of the people of Winter
Springs.
Robert S. Miller
Commissioner
City of Winter Springs
3 Encls: 1. Ltr of November 23, 1982.
2. Ltr of September 9, 1988.
3. Ltr of May 25, 1990.
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MEMO.RA.NOUM
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JOHN TORCASO
TY ~F WINTER SPRINGS COMMISSION MEMBERS
C. KRUPPENBACHER,
, HAMILTON & SCHEETZ
1982
jundtion with our appointment as City Attorney,
the fOllowing proposal for compensation for
ces::
$3~O.OO retainer be provided for attending
11 regularly scheduled meetings.and workshops
f tl1e City Council.
he douncil will be billed $50.00 an hour for
11 ~ime spent in researching questions posed
o tHe City Attorney and for all time spent in
outine .activi ties such as reviewing deed
estrictions and land use proposals, attending
pecial sessionB, attending conferences on behalf
f the Council and at the direction of the Council
nd d!isposing of routine City business including
ego~iations on behalf of the City.
he Cbuncil will be billed $75.00 an hour for
11 l~tigation, legislative liason work,
dmin~strative appearances, and extraordinary
! epre~entation of the Council.
.ill! b 11s are t.o be itemized and are to be submitted
to1th~ ity kanager for proce9sing~
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~nyi s bjsct matter not addressed by this proposal
b~lled in accordance with an agreement between the
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FRANK C. KRUPPENBACHER
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l!c nfirm our discu8sions and verbal representations
o~m'ssio~ regarding our legal services for the
r!S rj.ng., Florida.
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squssed, we have been honored to serve the City
irlgs for seven or more years withou any fee increase.
u~in sses however, costs have finally caught up
e Ino must increase our rates fer services. Per
n,l t erate increase will be effective October
~at indrease will be as follows:
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1. $9' .qo
gation, l~st
xpenses i 1
pIes or . osts
ing Char, es\,
2. A 5010. 0 per month charge for attendance at City
Co ission m et~n s.
3. $9;.06
lit gation, ,lu
uti ity work, e
be n accord nc
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ervices for City of Winter Springs, Florida
er Hour for all legal services rendered including
cosBs and expenses. As always, no costs
e incurred without YOur prior approval.
or ~xpenBes are COUrt reporters, filing fees,
elephone charges, etc.
er hour for all legal services ~endered including
osts and expenses, associated with the City's
uding any bond-related matters, which shall
ith bur existing practice.
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sincerely appreciate the opportunity to represent
r S~ringsl and we look forward to our continuing
ave 'any questions about this or any other
sitate to call.
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JUN 1 ]990'
:CUr of WINTEf< ~~RING3
ary MANAGER
CfS~ M....It~1!IClt~
May 25, 1990
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Rich r4 R
City Mana er
City o~ W'nterl Springs
1126 E96t S.R. 434
Wint. r \SP inqs, FL 32708
Dear R~ch rd:
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F r ! s e time, Frank Kr'..l.ppenbacher has worked on you.r
behe f ias a menDer of pa::-ker, Johr.son. Frank and the firm
have!a~re d to concl~de their relationship ef~ective 5:00
p.m.j MBY!lSf 1990. Mr. Kruppenbacher will be associating
with a ;ne T hw.l firm. Until otheJ:'"wis8 notified through tv!r.
Krup etiba her, any written or telephor.ic communication
dire te!d 0 him should be sent to the following address:
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F ar.:k . Kruppenbache!', Esquire
1 5 ~e t Central Boulevard, Suite 1100
oland , FL 32801
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T lerh ne: 648-1544.
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Mrl. i K uppetlbacher has informed the =~rm that on or
abouft May 17, 1990, he received written authorization that
all ~Wi~t r Springs matters be released from further
reprse~t tion by this firm effective May 18, 1990 at 5:00
p.m. I
D Irihg the ensuing several days, this firm, in
conj ~c~i n with Frank, has taken an inventory of pending
mattrslw ether opened or closed.
All op n and closed files are being transferred ~o Mr.
Krup enha her's new location no later than Tuesday or
wednesdty, May 29-30, 1990.
mat ers that were being '>Jorked by attorneys oi:her
rf ruppenbacher directly or under his assistance,
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a d ms have been completed on all such files. These
s r port~s have been provided to Mr. Kruppenbacher.
i n lly, this firm recognizes your desire to transfer
ait rs t~ Mr. Kruppenbacher effective May 18, 1990 at
p m.
A, and expenses incurred through the
comp i n of transfer of the files and withdrawal of
repr nation by this firm will be forwarded to you under
sepa e over. Both Mr. Kruppenbacher and this firm have
agre t at p~yment of all 6uch bills should be remitted
to P e, Jdfinson. In addition, prior to the bills being
Sent r Krhppenbacher and representatives of Parker,
John 0 "11 teview all bills for accuracy, necessity, and
reas n bl nesd. This will be done prior to any bill being
sent t ou ~or payment in order for you to be assured
that t e feeh and costs for services rendered are as
accu a e nd rleasonable as possible.
I d itioh, our Bookkeeping Depart.uent is cur.:-ently
revi. w~ng all past billing to determine if there are any
"out tand ng ~CCounts receivable" which ~ay have Occurred
ei th .r it rough lack of payment or partial payment. If
suchl' is he dase I representatives of Parker, Johnso::1 in
conj nCt!ti n with Mr. Kruppenbacher will meet and di9c~ss
thee' u stantling balances to insure accuracy from the
firm s s andplbint. Also I during i.:.he ~ransi tion, i 1: is
pOSS.b~e hat cost items which have been incurred but not
yet eC~i ed by Parker, Johnson may not have been included
in t e ifi a1 tiill. You \I,ill be billed separately if that
situ tibn arises either by Parker, Johnson or Mr.
Krup~enba her'~ new firm. We are hopeful that all bills
will b~ comp~eted no later than May 31, 1990. If
ques'iors ari13e over the bills, you need to jointly
corom nira e with this firm as well. as Mr. Kruppenbacher.
No bIll m y be. changed without approval by this firm.
D~riLg our joint meeting with Frank, we have gone over
ever +c ive and closed file for the City. Frank has
aS8U ed! u th~t all matters have been accounted for and he
will rete ve these matters as discussed above.
Sine e did not have the opportunity to discuss this
trens~c i n with you prior to receipt of your authority
for ja s er df files, we are, therefore, asking YOt;. to
acknd Itd e reteipt of this letter and return a signed a
copy o;t e fi~m as well as Mr. Kruppenbacher. That way,
all art'es can be assured that the transition is
SUcce sIu and complete. Enclosed is a self-addressed,
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PARKER ·
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nvelbpe and two copies of this letter for your
ceo
Tee are various matters in which litigation is
pend' nJ' which will result in this firm having to draft
moti n 0 withdraw and for substitution of counsel.
o e alf of the firm, we Wish to thank you for your
nume. 0 S courtesies and professionalism shown during the
time tha the firm has been handling your matters. We
app~ c~ate th. trust and confidence that you have shown in
the i~m as well as your patience and cooperation during
this. p~ri d ot transition.
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Very truly yours,
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OWEN, MCGUIRE,
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By:
above.
Ma.nager
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ATTACHMENT "B"
FROM:
Robert S. Miller
June 21, 1999
SUBJECT:
THE NEED FOR AUDIENCE RESPECT FOR THE CHAIRMAN
DURING CITY COMMISSION MEETINGS
TO: Paul Partyka, Mayor
City of Winter Springs
During the workshop with Ms. Randi Sutphin on June 7, 1999
regard i ng Par 1 i amentary Procedure, Ms. Sutph i n rep.eated 1 y
emphasized the importance of the Chairman maintaining
audience order at City Commission meetings. You will recall
this workshop was called because of serious concerns
expressed by all of the Commission members regarding the
Chair's conduct of past meetings.
At the very next Commission meeting of Monday, June 14,
1999, disruptive elements in the audience repeatedly called
out to the Chair, interrupted the Chair disrespectfully
without first being recognized, and generally behaved
towards the Chair in a contemptuous manner. Such audience
behavior is unacceptable.
I now also have before me a threatening letter from a citi-
zen of Tuscawilla. He was one of those who repeatedly
interrupted last Mondays proceedings by shouting rudely at
the Chair from the audience. In this citizens letter, he
puts you on notice in writing... that, "HE WON'T GO AWAY OR
SHUT UP." (See Enclosure 1)
This citizen justifies his infantile argument on the basis
that, as a 28 year resident and a voter, he has the right
to interrupt the Chair and the proceedings any time he
wants. He also invites the chair to sue him if the Chair
disagrees with his rude and disrespectful behavior during
City meetings.
suggest, Mr. chairman, that you ignore this citizens
ridiculous reasoning, and instead, use your authority as
Chairman of these proceedings, to ostracize this citizen
from these meetings for a month or more, the next time he
interrupts a city meeting. I would strongly remind you
also, Mr. Chairman, that this same citizen has already been
warned in writing about his errant public behavior during
an earlier Commission meeting. At that time he not only
mouthed obscenities repeatedly at the Chair, but was pub-
licly seen making disgustingly lewd and lascivious. hand
gestures towards the chair. (See Enclosure 2 and 3)
page 1 of 2
Mr. Chairman, the taxpayers, the voters of Winter Springs,
and this Commission, are fed up with your toleration of
those in the audience who continue to disrupt these pro-
ceedings, interfere with the process of government, openly
mock the rule of law, and demean you and your authority as
Chairperson.
3 Encls: 1. Scott's Ltr of June 15, 1999
2. Statement of January 25, 1999
3. Mayor's ltr of Jan 22, 1999, to Harold Scott
page 2 of 2
June 15, 1999
City of Winter Springs (Fax No: 327-4753)
Attn: Mayor, Commission, & City Mgr. (1)
It is obvious, anyone attending a commission meeting, in the City of Winter
Springs, goes for the shear enjoyment of watching those on the dais conduct themselves
in a manner only becoming a matter of relativity to the overall stupidity of today's
politicians. Or, could they be associated with a TV cable crew filming of an upcoming
episode of the "Comedy Hour (sr"? Too bad our $86,000.00 audio/visual blunder, by
current city management, doesn't work and isn't connected to cable TV. I would have.
loved to be able to record the video oflast night's episode. It wasfunnyl
You must admit, this commission makes "Saturday-Night-Live" appear as a top
rated SlUlday morning choir session.. The only thing missing was make-up. and that
includes your female participant of this Winter Springs "road show". Although., one
could detected somewhat of an artistic cosmetic aurora to the MartinezIMiller
complexion configuration and their respective representation.
Mr. Mayor, you could relate your position. as the governing factor of this so-called
commission meeting, to the likeness of a "ring-master" of a frivolous and a comical
rigged "review or ole' fashioned minstrel show". You have more than "three.rings" to
over~see and conduct by the exposure your prowling hoard of clowns destined to be
corralled. This circus is truly overly rigged and burdened with the abundance of clowns!
Still, you try to shut me up, but the group you have on the dais could put a two~
thousand.year-old mwnmy to sleep. But, you forgot one aspect; -- I'm a voter, and also
a citizen of twenty-eight years in this city. I WON'T GO AWAY QR. SHUT UPU
Some, on the daist belong to the "mummy-dub", and the "Martin County
Marauders" (McLemore/Guthrie), which allows all to get away with the shylock style of
manipulating and maneuvering of City monies, agendas. and legal representation (?). All
control, therefore, is overwhelming. Guthrie was dismissed from two prior county
positions (you could write another book on him), andMc~more's job was eliminated.
until after he left Martin County, then re-instated. The City of Winter Springs, through
manipulations of Frank Kruppenbacher, P.A., 2ot!!!!s.k with both.
This is just "PAGE ONE" of what shall be provided to the citizens, news media,
and~payeI'S of the City of Winter Springs. If the powers-to-be of the City don't like
what Lwrite or say..... you have an alternative ______~
, \\ / SUE ME m If any of you have the guts!!
.. (phone nwnber & address on record). Hey, Guthrie sniff on FS166 (you
and Kroppenbacher need a good high! )
STATEMENT BY COMMISSIONER MILLER
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AT WINTER SPRINGS COMMISSION MEETING OF JANUARY 25, 1999
REGARDING HAROLD SCOTT'S PUBLIC LEWD AND INDECENT BEHAVIOR AT
PUBLIC MEETING OF JANUARY 1', 1999
Recent disruptive behavior by a certain member of the public at the
public meeting of the City of Winter Springs is intolerable. At
the public town meeting of January 13, Mayor Partyka was advised
by this commission that Mr. Harold Scott, a resident of Tuska-
willa, on two specific occasions during the proceedings that
night, had behaved in a totally inappropriate manner.
First: Mr. Scott glared hatefully towards several
members of this commission on this dias, not only
Commissioner Martinez" and repeatedly mouthed a
verbal provocation so clearly that members of this
commission could understand him, while others in
the audience noticed, understood and were
offended. What he repeatedly stated six times in
a row at this Commission was: "You are *******
Liars!" (the missing expletive which I will not
mouth here in public was the F word).
)
Second: Mr. Harold Scott next placed his right
hand over his groin, making nine slow deliberate
and pronounced up and down movements with his
right hand, in a manner best described as self-
gratification, and during this process he conti-
nued to glare with hatred and contempt at several
of the Commissioners on this dias, including
myself. Not understanding the reasons for his
perhaps emotionally unstable and deranged actions,
I interrupted the proceedings to inform you of his
inappropriate behavior.
I would like to remind you Mr. Mayor, that only minutes
before Mr. Scott's offensive and unprovoked public display
described above, this entire commission respectfully sat
here and listened to his three minute public presentation to
this Commission. At no time before, during or after his pre-
sentation, did anyone on this dias interrupt Mr. Scott...
no one on this dias was rude to Mr. Scott".J no one on this
dias criticized anything Mr. Scott had said... and for cer-
tain... no one on this dias mouthed obscenities at Mr.
Scott, nor provoked him in any way.
)
Citizens of Winter Springs, when advised of Mr. Scott's
disgraceful lewd and lascivious public display here two
weeks ago, responded, ", hope the Mayor threw him out, the
guy should have been told to stay our for a couple of months
until he learns how to behave in public."
I move that this Commission formally instruct you to issue
another written notice to Mr. Harold Scott which contains
all of the following four points:
1. Inform him that his i nappropr i ate conduct here on
the night of 13 January 1999, cannot be countenanced.
2. Inform him that because of his outrageous public
behavior on 13 January 1999, that he is banned from
future proceedings in these chambers. for a period of
two calender months, to commence from the date of your
letter.
3. I nform him that a future repetition of such behavior
will constitute grouds for his permanent exclusion from
city proceedings.
4. Suggest to him that he seek psychiatric and medical
help for anger management and to control of his emo-
tions publicly.
)
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Robert S. Miller
Commissioner, District One
Winter Springs
CC: Mayor Partyka
Commissioners
City Manager
Chief Dan Kerr
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
OFFICE OF THE MAYOR
January 22, 1999
Harold Scott
911 Augusta National Blvd.
Winter Springs, FL 32708
Dear Mr. Scott:
By direction of the City Commission as given to me at the meeting of January 11, 1999, I
am notifying you that the commission felt your visual actions directed towards
Commissioner Martinez were inappropriate. It is my desire to have all citizens be treated
with courtesy and respect at City Commission meetings. In turn citizens should treat the
City Commission with courtesy and respect.
)
Any inappropriate actions whether verbal, visual or physical will be handled promptly in
whatever method I may choose, which may include being asked to leave. It is my hope
that this action would be unnecessary.
Thank you for your future support in this matter.
)?~
Paul P. Partyka
'Mayor
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ATTACHMENT "c"
Mayor
City Conunissioners
City Manager
City Attorney
City Oerk
*~e,,,ep
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1u~ {) 1 \999
I iER sR~~
Cl"f'( OF t~ ~;..Ll
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Today you are embarking in an effort to stabiliz~ proceedings during
commission hearings in order to offer a semblance of professionalism
to handle an agenda with smartness and precisi~n in order to benefit
the people that appear before us which in turn is a benefit to the City
of Winter Springs and its residents.
Since my first year in office and because of the hardships imposed on
debate by the Sunshine Laws, I have asked for a:prompt ~elivery of
our packages prior to hearing nights in order to ~ead, prepare and at
least be able to discuss the issues without the usual and ongoing
delays.
I asked quite some time ago and the commission agreed, that the City
Manager and the staff provide to us without deltly a copy of any
application to develop, etc., filed with the City at the time the app. is
filed, in order for us to start familiarizing ourseltres with the
proposed project. This happened once and thenl it stopped. What do
we as a commission need to do to have staff comply with such a
simple request? It is essential that we as legislators have a heads up
on everything affecting the administration and the operation of our
City in order to improve on the services to our cbnstituents.
Do we need to engage in personal harangues while in public?
Do we need to address remarks demeaning to another member in
public merely because one of us does not like th~ staten1ent made by
the other?
Do we need to satiate our over inflated egos while on the podium at
the expense of the agenda and of the public?
Do we need long, winded speeches on simple subjects merely to
demonstrate our qualities as public speakers?
Do we need to change the format of the agenda ~chedule to satisfy
one or two voters merely because this is an election year?
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We have taken issues and argued over them for onths and finally
end up voting on the original basic concept wit a minor change.
I have noticed a new trend; that of the "motion er." Legislators
who hog the floor with winded, nO~9ubstance s eches and--upon
exhausting their rhetoric--make motions. They how no
consideration nor regard for their fellow commi sioners who have
been waiting to speak on the issue. The Chair th n allows a motion
to, " call the question," and is a participant of thi orchestrated effort
to silence possible dissention.
ed them into
. At the end, one of
es a.motion to
We have taken small requests by citizens and tu
debatable items that last for weeks, unnecessaril
the strongest objectors, who has had his fun,
approve.
We need to establish some procedure by which 0 remedy the
existing situation.
We need staff to provide us with information e Iyon.
We need to debate issues on merits and need.
We need to definitely assure each conunissionerla time at bat each
and every time debate is required. I
We are supposed to set the rules for efficiency dEg hearings and
not set precedent by electioneering from. the po ium.
We cannot allow public input once public input's closed, as was
done recently and at the late hour of 10:30 PM Jhen half of the
agenda was still not completed. If you want votJs go knock on doors.
We need to keep our personal peeves out of the public eye and
record. I
We need to better spend the time we waste by d~bating quick,
soluble issues on the nlore pressing concerns th~t are moving our city
I
forward. I
I
This conunission has done great work in the p~~ year and one half.
And we can do better if we set aside personaliti~s, dedicate ourselves
to the task, and consider the fact that we are eleqted to represent not
I
I
...
to dictate and that the health, welfare and well ing of our residents
should be our utmost priority when making dec ions.
I do hope this is taken in the constru.ctive spirit' which is meant.
I regret that I cannot be there in person to face y u as I speak, the
way I like it, but apparently it is not the Lord's .sh.
Thank you - God Bless and good luck.
Edward Martinez Jr.
Commissioner
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