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CCMtg06-21-99SMMinLONGVYOOD CITY COMMISSION Longwood City Commission Chambers 1'/S W. warren Avenue Longwood, Plarida SPECIAL MEETING. MINUTES June 21, L999 Present: Mayor Panl Lovestrand Deputy Mnyar Steve Miller (arrived at 6:55 p.m.) Commtssioner Rusty Miles Commissioner Annamarie Vama John J. Dingo, City AAminisrrntor Geraltline D. Zambrl, City Clerk RicharU S. TnYIOr, Jr„ C`itY Attorney Absent: Commissioner Dnn Anderson (exensed) 1. CALL TO ORDER Mayor Lovestrand calledaspeael meeting to order et 606 Pm. 2. Poesoant to Resolution No. 99-990 n hraring will beheld to give Mr. Sim Daly an oppott pity to be vd concernigg alleged s of malfeasance, taV:e other eviden sthe Cite ~n du nary and proper, wnsider the possibleeremo~~=I o' \.om~r y ~ n>,'. -gty boaMs and. wnsider recommending m the Longwood anon Board chat they remove Mr. Daly from the Pounders' Day Commiaez Mayor Lovestrand announced that the item on the agrarda was Resolution No. 99- 990and asked Mr_ Taylor to read by tide- Mr. Taylor suggested it being read in ds ant rely. Mr. Taylor [hen read Resolution No. 99-990 in its en[irety. Pursuant to the resoludon. Mnyar Lovrsnand said ehe order in which this would be don omlined in Cher eolnh r. Tha fist part of Them ting would bas oppott mty for Mr. Daly to be heard, alone with his witneaeeseeHe then gave the Floor to Ntr. Daly. Mr ]oe ROSier_Artorney for Mr. Daly, introduced himself and said bePore you onight is a parson alleged to in the Longwood City Commission messing forthe pest eonple oPweeke es being the person who ehould be removed Cram various airy boaN9 Por action occurring on April 2S. 1999. He then celled as his Eirst CC 1r-21-99\600 ss Lynette Den s. Mz Dennis was no[present and Mr. Rosier reserved the wg~ine o Dell her if she were to appear. Mr. Ros r then called Mayor Lovestrand_ Mayor Lovestrflnd asked that Mr_ Rosier call his witnesses frst and he would be glad to answer his questions later. Mr. Ros said her erved rile right t Dail his es he deemed appropria Mr. Taylor said, in the interest of out oneto allow Mr. Aosier call that he wished- Mayor I..ovestand was sworn in end he then responded to questions posed by Mr_ Rosier with respeu to when and how he heard ofthe alleged inuden tingeletter was sent to ltim from MS. Dennis. dated April3o_ 1999. and had gamed knowledge of what was alleged to have Feen said by phone ftom Mr. Fundy. When questioned if he would repeat what he was told was said. Mayor I.ovestrand said it would be embarrassing to repeat, as it was not language he would use As to whether he repealed this to any other commissioners, he said he had not. Mr Taylor objected to asking the Mayerwhat xaid,a ould be hearsay. as there were others who could teatify as having directly heard tluz Mr. Rosier said hewould have called bout Deputy Mayor Miller and Commissioner Anderson, however, they were i of present. Mr. Ros r then called Mr. Craig Van Hoover. Mr. Van Hoover was sworn in and responded toque with reaped o the alleged incident- Mr. Van Hoo called all munbers of the Charter Comtmittee and the secretary w re present et the Apnl 28 meeting. During the qua ring. Mr. Ros suggested that anyone under the age of lR.. who might be offended by the language might wam to leave the Cliambere The questioning wntinned and Mr_ Ven Hoover remounted that Following the formal adjorrnment of the Charter Advisory Meeting on April 28. 1999, due to being in conversation whit the Comm etary et hu computer nation. ho did not hear the actual wordz but did ~heae noise In reply to Mr_ Roxier`s inquiry. he said the discord laved approximately a minute and a halfor so. In reapon toque is by COn er Milec and Mayor LOVestrand, Mr_Van Floovmi monfinned tihat the meetingshad olficielly adjourned; momments were going bech and Earth betweevi rile t.vo ponies, Ms. Dennis end Mr. Dely_ As to whether voiceswere elevmed, Mr. Van Hoover said yes. Mr Rosier called Ms. JoAnne Rebello. Mz Rebello was sworn in and then rupondedto inquiries made by Mr_Rosier as to the incident. Ms. Rebello said the meeting had off cially adjourned following edjournm¢nt wordz were Flying back and t'ortli buwee+i Mr. Daly end Ms Dennis and she was not sure who said who[ f rst. M.c. Dennis commented ro Mr_ Daly about being mean and nasty; CC (2I-99\601 words by Ms. Dennis werethat.she knew how to mn an election: Mr. Daffy then became upset'. Mr. Daffy and Mr. Bundy exchanged words. Mr. Rosier questioned the relevancy ofwhet nanspired between Mr. Daly end Mr. BUndy. Mr_Txylor mled it relev tofthis xchengew in Mr_Bundy's tut which nached_ Ma uRebellonexplainetl that the each nge between Mr. Daly end Mrs Bundy occurred aRer Ms. Dennis had left. Ques ns from Commissioner Miles, Commissioner Veua end Mayor iavestrand were posed to Ms.Rebello. Ms-Rebello said words went back and forth between Mr. Daly and Ms. Dennis: she did not know who said what Rrst. With mspeu to the remarks made by Mr. Daly, Ms. Rabel to said he made a personal observation about Ms. Dennis, no swear words were said and that she would paraphrase if requested to do so. M11ayor LOVestrand said he believed everyone knew what was said. Mr. Taylor ruled to allow this to be part of the cord if the intent was to VUSh forward with this. Ms. Rebello then paraphrased. saying he called hu~an obese VOSterior female do& As to wheher one was mago nized Duet the other. Ms_ Rebello felt Mr. Daly was. As to whether this type of antagoninn took place at other meetings Ms. Rebello said at (east two. Ms Rebelle also wnfirmed the incident rock place following the adjoummen[ of memeenng. Mr. Rosier Then called Mr. Ileywood -'Butch"Bundy. Mr. Bundy was worn in and atw.rered questions posed by Mr_Rosier. He discussed having attended the uinb on April 28, 1999, and subsequently wrote a letter about the incident w the City Manager and Commissioners- dated April 30, 1999 end that he faxed one copy to Mayor Lovestrand'. and also talked to Mayor Lovestrand and told him what had been said. Mr_Bundy confrmed the incidutt occurredfollowing edjourmneitt of the subject meeting. Mr. Bundy incanted what had occurred between bimsei(end Mr Daly following the alleged incident aRer which Mr. Daly invited him to leave the property. fie then recanted what had taken place between Mr. Daly and Ms. Dennis- noting Ms Dennis response to a remark made by Mr. Dnly was that he was the meanest nastiest person she had evu met. Mr_ Taylor was asked if he felt it was necessary to have the worts repeated and he responded that thes ethee xof thec and suggested those who did not went to heaethencomments should leave the rooni_ Mr. Bundy then said Mr. Daly called her a fat a- -d b- -h. Mayor LovestmnA pointed out it was not just the wards he said, but the wordssnd rhethreatening manner in which he said than ~ his conduct. During Mr. Brandy's testimony, Deputy Mayor Miller arrived (G:55 p m ) CC 6-21-v9\602 Mr- Taylor said he understood there was a complaint about his wnduea, and it wns omlity, but it appeared the ctux oPthe whole thing were the words end thought it was appropriate to hear them. Com er Miles and Coma ar Lov and posed questions so Mr- Bondy, i6e~ whether he was thmilse with Chapter I I2 FS and that due to his lack of eueaidan [them tinge following the occurrence on Apri128. 1999 could make him subjac vaL Mr. Bundy, in respon ued qua nted the maiden made by Mr. Daly to Msn Uen which aced the discard beaw nothe twospart nclude the discard that then wok plaice between himself and Mr-Daly following MS. Dennis'departurc As to whether there was any fright or terror in Ms. Dennis' countenance. Mr. Bundy thought perhaps she was uncomfortable with Mr Daly inclose proximity to her. but did not think she was sernfed. Mayor Lovesvand discussed that Mr- Dely wns heard later, repeating what he Mad said to Ms Dennis to wmeone else in earshot of a young ohild, noting hie carelessness in mekinS remarks in public places. Mr- Rosier objected saying anything beyond the April 28 meeting was not relevant as no allegations having been set forth. He noted he had aske4 for any other evidenoe end this was the hrst time he heaN anything about wnversatione outside of the specific meeting and believed it was highly i« elevens. Commission diswssion ensued as to commen[s made by Mr. Daly subsequent w the April 28 mewing went to show Mt- Daly s conduct in other places: that those n rrelev within the cape of the soluti ,that this al~but na procedure COr vat end any subsequent bahav pen and it had tnkeai place, many people henrd i4 and it wns relevant Ica [hiss Mr-Taylor said, tnie, Mr. Daly's conduas case at'usue and nlso that the wnduu that ook plac tsidew vhhin the four corners of what is alleged he has don rthe solo[ nand would prefer, for the case of legality. to stay within the four comers o[iL o Mr. Rosier tlrmr oalletl Mr-Daly to testify on his own behalf Mr. Daly responded to questions. noting he was e IS~year resident, had served on numerous boards fbr the City, 1992 to 1999 Board of Adjustment. 1998199 Charter Advieory. 1995-96 Business Advisory Council, and currently serves on Founder s Day sub- wellas pity co sthroughout the Coumy, oted being honored by tl e Cily for sorvices on CiryeboaNs and that his activities on these boards had never been called into question. Mr-Daly reconntod his aonectinn oe hie tenure on the cnarcer commatee, noting me mere eme Ise Itaa ruble with Ms Denniz she picked at him and objected to how he ran tho meetings end made it dilTcult for him to Derform his duties as Chair. Mr-Daly CC 6-21-99\603 said he only misted one meeting. where Ms Dennis was oRen conspicuously absent and would leave meetings when things were not going her way. W itM1 respect alener. dated Marclt ].1999. written mthe Seminole Herald regarding himselft ha said Lynette Dennis eudtored the IetteL Mayor Lovestrand asked if this was relevant and Mr Taylor said it could be relevane as to any motivatiorL Mr. Daly agreed the meeting on the 28'" had adjourned, there were some difficulties during the meeting and be had stated did not want politics to entu into mia wmmnme: inalnnarona wme neing made anring me meexmg aria. r cowing the power failure. the ring adjourned. Following etljoumment. MS. Dennis celled him the meenest~ugliast. nastiest person she had ever met in her life: he then said to her that it had been his pleasure to have worked with a fat a-~-d b---h Cor a year. As to whether he threatened or raised his fist to her. Mr. Daly said he did not end that she left following the incident. Mr Dely said Mr. Bundy rhea objected to the language he had used_ Mr. Daly said he made e comment to Mr_ Bundy and then ML Rebello suggetted they both leave Mr Drily wminued that utside he admitted to Mr. Bundy that he should not have said what he did. he apologized to Mr. Bundy and said he would apologize to Lynette ifl saw her. end then shook hands with Mr. sandy. Commissioners Miles and Miller and Mayor Lovestrand posed questions. h1r. Daly responded that MS_ Deavtis made the first remark. that it was an unsolicited remark. Mayor Love and at emFted to discuss some renterks that were made at one other time by Mr. Daly_ Mr. Rosier objeaeed_ Mr. Handy w oalled_ In response to questions li'om Mayor Lovestrand end CommianonersMeller. Mr. Bundy said Mr_ Dely made the first commem to Ms. Dennis sayinS now she could make mother mid-night run, to which Ms. Dennis qua ned if that was meant to been insult anA he replied it wes_ She then said he w the n and nasty pars t she had ever kno As to whether he recalled Mr. Daly apologizing- Mr_ Bundy said ho Ited notVn Mayor Lovestrand said he wished to all the City Clerk Ms. Zambri_ N.c Z,ambri responded to qua is Crom Mayor LOV and, Con uMiller arid Mr. Rosier with respect m h1r. Daly s actio,ss toward the Committee saaetary during etings of the Chener Committee end of her knowledge of his conduct at any othu board meetings. At one point during Ms. 2ambri's eestimony. Mr. ft:,sier objected to the relevancy. Mr. Taylor said Mr. Rosier should have registered his objection prior to the beuinning of the testimony and file world have ruled it obleationable_ As Mr_ Rosier lied no further witnesses, the hearing war closed. Mr_ Rosier presented his summation noting FS 112.51 and that the allegation was Cor malfeasance. and said that h1r. Daly was not an officer and was not a _ CC 621-99\604 cc e-z~.9~ieos