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CCMtg04-19-93MinLONGWOOD C COMMISSION LONGWOOD CITY COMMISSION C ERS LONGWOO D, FLORIDA [{ APRIL 19, 1993 Co~mnission Members P Mayor Yau1 L estrand Deputy Mayor H vey s rilson Anderson r Steve Millet r Fred P axl Fellin, City Administrator GexalaineMD. Zambx i, city Clerk Leslie Dlau, city Attorney Staff Membere P ent: AhondaeLedford, Purchasing D ector n McNutt, P ectorr Dick wells, Planning Director Staff Members Absent: Becky Vo , City Attorney 1. Mayor LDVestrantl called a regular meetr g o order at '1:00 2. A moment of silent meditation was followed by the Pledge o£ Allegiance to the Flag. 3. PROCLAMATIONS: Ms. Blau read a oclamation PROCLAIMING MAY 2-R, 1993, AS R WEEK. Mayor Lovestrand presented the proclamation to Mr.WTibl ter, City Engineer. 4. BOARD APPOINTMENTS: - PPOINTMENT TO COMMDN ITY DEVELOPMENT BLOCK GRANT CITIZENS ADVISORY HOARD. Miller said he wished t nate I Anderson said he did not have oar problem sw~Rth sthe endation, but said he had c with o ing o multiple boards and ted Ms. o alreadyci other boards. Deputy Mayor 5 rilson said a number o£ c s have told him they submitted their n and had n t beenz called. Ne ontinued, saying he has not abeen furnished a listing of citizens fishing to s Deputy Mayor Smerilson said certain boards a lacking representation from certain districts and said perhaps that which should be looked at. de further requested that the aCOnmiss lan be given a Sist of every individual who wishes to and when there appointment to be made. Nomination of EMS. Henson carried by unanimous voice vote. Ms. Naaine Tolos, Highland Hills, reaa a letter ane has off icex made certain statements to her, which she r Sne aid the discrepancies, o t became public, between what w aid publicly versus privately,l made her step forward and r what Haker had aid to her regarding what he eclaimed Commissioner Miller h aid. Sne requested that tnis issue be addressed irtunediately Following public paxtic ipation. n by C Anderson, onded by C arlMOt rna nge the sorrier of the agenda t the sm addressed by Nadine Tolos aL this trme. Carried byVUnanrmous roll call vote. Mayor L estrand asked Commissioner Miller if be wished t ead nis letter. Commissioner Miller said he believed a eryone had ead copies of the letter from Hob Haker and his c ents to the anf ord Neraltl reporter regarding the allegation by the Administrator. Commissioner Miller then read a letter he had w itten and distributed to the Longwood City Commission o April 19, 1993, (April 19, 1993 letter Hereto a ached and made a part of the ord) i wnion ne refuted the allegations of i erference by Mr. Pellin and offered additional c Baker's letter. ary, c Miller s ted she shas lost confidence in the administxatorrand osaid if he does n t like working fox Longwood he should r sign and said that M Fellin's Failure to do s will salt in his m ing for his dismissal, for c Commissioner Miller further stated that if the c makes charges of erterenee against Him (commisaiona~ m i>,er~nenen tnia latear i o be used a a tlemand for a public nearing and revrew by the Circuit Court. Deputy Mayor s rilson suggested Mr. Haker's letter be read. Fellin suggested nis let[er submitted t the C n last onday night be read. Neputy Mayor Smeril son then read Open L to City of Longwood from Bob Baker, dated April 11, 1993, (letter of April 1l, 1993 hereto a ached and made a part of the r ord) i which he explained his discussions with commissioner Millers and the ents of the city Arhninistrator with respect to the reasons for hoisMresignation. eellin then read the letter he nad written to trte city Commissioncdated April 12, 1993, (copy of letter o£ April 12, 1993 hereto a ached and made a part of the r ord) i wnich he alleged that Commissioner Miller violated the Charter IALtiC le III, Section 3.o5(b) McFellin then addressed a few o£ the co Commissioner Miller's letter, i.e., said he did not lie but for leaving and said he would like t address s other time depending on the Commission s responses to obis request. Anderson said, for the r ord, all members of the Commission have ea copy of the letter that supposedly c e from Aob Haker and c wed t say the letter does n t have a signature ached. Anderson requested Mrs. Tolos' letter be submitted i the ro ord. (Letter r ved On 4-19-93 signed by Nadine Tolostis hereby a ached and madera part o£ the r ord. aid he believetl the Commission needed t Ludy the charges, and aid charges have Deen v ced against a fellow c and he felt a omfortable takings any action tonight but thoughtna special meetings should be called. There was continued discussion regarding the date differential of the £ax submission date and the date n ted a ved by the City Clerk on the Baker letter, and Commissioner Milled atated the letter from Mr. Baker, not Facsimile, ing the ary's desk the wilding Department Ltright n ail said perhaps a i.ndepentlent c sel -should obe requestedn to Hr tigate e erything, the entire us nation, and bring back a report t the Commission and have a that when all the facts a e gathered, r have thesindependent set report turned over to the Attorney General for further investigation. Deputy Mayor Smerilson said the Commission r ved a letter £rom the City Administrator with s allegationsebrought to him, which he brought t the C and after reading two other letters filled with i and n after reading M baker's letter, i.t may nnotsbet just interference but Sunshine law iolat ions a well. Ae said this w not Eor the Commission t tigate but for the 5 ney's Office t0 do s and they willsneed s a fromt eo eryone, or he said s special tigation where is n testimony, under oath, will bemtaken and thee bottom of this whole matter will be r solved. Aeputy Mayor Smerilson said he would make his statement in the Eorm of a motion. Mayor L and said he believed it w shame that Longwood had t se dirty linen in public and said he believetl w beatingaardead i aid the charge that Commissioner Miller interEe.red with administration i a dead i and said he read the letters and n of the statements a estimony - all hearsay. Mayors Lovestiand aid he has s ead the former City Attorney's opinion o erference and i allows con£errinq, i prohibits work direction t Mayor Lwestrand continued, saying he has lost confidence in the Administrator and is waiting for others Mayor Lwestrand suggested i£ any Co make it. Mr. Mcrellia repl iea that srnce co Commissioner Miller asked the City Clerk if she w s by the fax achine when the copy of M Baker's letter was r ved on the Fax and Zambri aid arl asked the nay's opinion a whether a estigationec n be done by the City C s At this point ri the discussion, the City commiaaion~~ ea ea from e:os to e: le P.M. r been directed to do o not do anything by any Commissioner. evf urther said e if he did go up t ity employee and ask if they would please call him whenever they find o if anyth inq i going o that i illegal, i not giving direction. aid s probably n ethical, but submitted that it was SegalMfor an employee to call him whenever they want. Mr. Mcrellin read Section 3.08 of the City Charter. Commissioner Pearl recommended, after ievrewing the Charter Commission c sidez allowing her to find out i£ the City Commission n develop oa independent ~ sal a tigative body to rch and to report back ton city Commission. ued, sayi;g if any violations a e fountl by anyone then Commission can decide if they want to set charges for a hearing. Mayor Lovestrand said another way would be for the Commission o hold its own rnvestigation, forget it, or have a cooling off parioa. commiaaionar eearl aaia, with nia anggeation there wonla be a Ooung oft parioa, and if they a able t0 ao that they wnala Howe e gathering the facts independent -of the City of Longwood politics. if there r othing there, they don't have to bring charges against anyone. n If there rs fact, then they c n bring charges and turn it over to the Attorney General for an opinion. Mayor L and suggested the city u Hey. arl said he did n t know whether the CityaAttorney ouldawant eto do that but said what he i asking £or i a period of e for the city A Hey t rch swhether the city A Hey has the ability to dOt [hat, and r~nako r endat ions as to whether she would wish to do it, o ould r end having a external Hey o Hal i tigator. neputy Mayors rilson asked iftC arl's comnrents were a motion and he saitl he would make itr as a motron. Commissioner Anderson m ned the S e Attorney's Office. Mayor Lovestrand said a motion rw n that floor and ns ked for a ond. Deputy Mayor 5 rilson said he agreed with the fact that a cooling o£f period was needed as well as an rnvestigation as they did n t have all the facts, and said he would s and the m ied by a Lour t ith Mayor L and, Deput Mayorn5 rilson, C ail and C xssioner Miller votin aye andmCommiss ionerm Anderson vo[inq nny ~~ ail .said he believed M Hakei had n t yet ved hi s~finalP pay and made a n that he would like the lastrthree days of M Haker's final spay withheld until he signed the letter, as he believed M Baker w s directed to bring i signed statement and he did not complete his task. Eecondedn by H) PURCHAHE OP A LANIEA COPIER LEASE PLAN FOR $1,843.]2. Fellin said the F e Director has also submitted a request for approval of additional disbursement for the April r for the city Attorney. Fellin said it has been tednby the Finance Dssectoi that Lunde are available to pay the bills. Commissioner Yearl as ketl if the list of projected expenditures which w s furnished t night also needed to be approved and the Mayor said tha[ was part o£ it. by ail, onded by Co~mnissioner Andersonrt ent agendapbe approved as submitted. Carried by unanimous roll call vote. >. PUBLIC NEARING - ORDINANCE NO. 93-1132, GRANTING AN E%CI,VEIVE FRANCHISE TO WASTE MANAGEMENT OF ORLANDO, INC. FOA TH RATING GENERAL AND CTECHNICAL SPECIFICATIONH FOA SOLIDSWAHTE,I RECYCLING AND YARD WAET6~ FEES FOR GERVICE~ DAYS OP SERVICE. Hlau read ordinance N 93-1132 by title only. Mayor Lovestrand opened the public hearing. . Craiq Hush, Columbus Harbor, Ferdinand Dr., said he w here t speak on behalf of the Columbus Harbor H aid the pas[ s xal years S 5 has picked up the trash that belongs to the Association's t gazebo, a urtesy and requested the C nigo ct the n ospany and put i the ontract that they will continue to pick up the A iation'st trash esy a no charge. No on else present sspoke in Favor or in opposition. t n by C Anderson, onded by Deputy Mayor Smerilson~ that the public hearing be closed. Carried by unanimous voice vote. . McFellin responded t Bush's c inq that i ouldn'be impossible a this point t ncludee his requesC i the However, hetc ued, the City could work with the new companytto see if they could provitle the service requested. by Miller, onded by Deputy Mayor ril son~n that CordinanceeL 93-1132 ec Granting Exclusive nchise t rite M nagement of Orlando for the Collection of silent ial oSOl id W n the ity of Longwood, be adopted. Carried by unanimous roll call vote. 0. COMMESSIONEA STEVE MILLER - COMMERCIAL SOLID WASTE FAANCHISP.. Miller informed the C that he w called this pasty weekn by a business o othe City who advised that industrial Waste s oe hisn place of business and told him his c ouldi be¢r inq out and that he would be required to sign a fivecyear contract n He ¢aid he was under the i p ssrnn he called the Clerk who said she had also heard s milar reports. Commissioner Miller asked the Co~mni ssion whether they thought these business people should be signing five years contracts with I or could an exclusive servrce contract nullify any such coat ractWS Mayor Lovestrand noted that it has been one of his n the collection of c ial solid waste. Under this proposal, he continued, the Citymcould continue to get a £ranchise fee or been s isEied. Fellin advised that the City Clerk had received an opinion rfromc the City Attorney. Zambxi aid the City Attorney advised she would n t feel comfortable with the city sending notice to IWS that they could not believed the franchise would override any contracts. Ms. Zambri ou ld a e that IWS would have customers already s n place. Blaus sa id she and Ms. V ned about atgap period volved whereby if the c cy w ~olved i xclnsive o multiple franchise, and the individual businessesacontiact with a private hauler, there might be a period of t which the City ould not enforce its franchise Eor a ertain eperiod of t e for those businesses. Mayor Lovestrand noted that it was in theicity's standing then that the Attorney felt the City shoultl not interfere. Ms. Blau said Ms. Zambri's statement was correct. MICNALL 0 PHEE1'UENT, L RUTH BASEBALL - UPDATE Mr. Mike Hono presented a brief update of the improvements made to R ark by the League, approximate c of 55,200, soddinge, r engineering of the i rigation system,~fenci ng antl dugouts. aid the improvements w made based o they believed they r ved from the C n during a meeting in Sanuarv. eCMr. Sono asked chats the Ceimnrs stun reaffirm delivered to the City by Mr. Kalin shortly after the .ianuary Mr. McFellin esponded that the City ney has concerns with the contract and w.i 11 atldress those when she returns n that the Longwood Babe Ruth B seball League would be Ghe cognized league and primary u of the Fields. The City Clerk was requested to furnish the Mrnutes of the Sanuary eeting to the Ms. Blaa read Ordinance N 93-1133 by title on1Y• There w discussion with regard to whether o n business days w noble and c whetheroo ordinance w ary due to the penalty i volved iE mrnutes were not completed within the required trme period. Motion by C Anderson, onded by Commissioner Miller, that Ordinance N ~+93-1133 be a cepted on £irst reading and that public hearingo be scheduledc for 5-3-93. Carried by onanrmous roll call vote. Fellin, i McNutt's absence, presented the Monthly Frnanc ialMReport fornperiod ending 3-31-93. McFellin advised that M t had responded by m Commission's question with regard to paying the bill submitted a the last m ing, for tuition t nole C ity College for Department P nel. aid mM nadvised that the expenditure is for i ermediate Pire Train~ingnand FMS programs and was a budgeted item nt Motion by Commissioner arl, onded by Commissioner Anderson that the bill for the 5 nolesC ity College Turtron be approved. Carried by enanrmous roll callnvote. 12. CITY ADMINISTRATOR'S RCPOAT. No report. TASCT llh. Mayor Lovestrand noted that the three month period that lwas granted for temporary employment w s due to expire the end of April and said i of the fact that there will not be a other meeting this month he believed s ended t be token. When questioned, Mr. M Ee11in saidmhea believed there only two employees still employed i the temporary s rthe Clerk's Office and o the Police Department. tThe sMayor asked for guidance from the Commission as to whether they should be terminated, v uetl or hired. Ms. Zambri said she woultl like very much to retain her clerk. Motion by C ail, s ondetl by Coimniss inner Miller end the temporary employees fora additional three months on rhea same basis. Carried by unanimous roll call vote. Mayor Lovestrand said he knew Mr. Hattaway was rn the audience aid M Hattaway has pointed o ordinance which has c setl him and w asking uthat the highlighted portions be ended Ito give him s relief. Mayoc L estrand suggested that perhaps this ordinance be given t the city vstaf£ and L A for their commen , o be given back [o the Commissi , and perhaps coultl Mike N way, 162 E. SR 434 explained t the Commission his ant's aed ato expand his office building. aid after discussing the expansion, a 10' X 12' addition, with the City wilding Official, his request w s denied. The r n for the denial, he continued, w s because it w onforming u He explained when he built the s e he met all othe Codes, however, a few years aqo the Code relating to Auto- Sales and L inq, w changed and r n distance, of site,eaetc. imposed. way said he w asking if or three basic changes under Section 6o8tai kl, thea300' restriction, q2, the 1,000' estriction, #3, the et es triction and g13.B which again addresses the two acre minimum. Mayor Lovestrand passed the gavel to Deputy Mayor 5 rilson and m ved that copies o£ the ordinance be given to staff mand L requesting they r and c their earliest c ith their c ned to (the Commission to be ~ siae~ea: Seconded by Commis sooner Yearl. Carried by una nvmous roll call T kl. Deputy Mayor 5 rilson prefaced his c saying w e getting into the t eof the year when i requires heavy parks m and suggested that the Commission c eider inq c tilabor nt mow the parks and rights-oE-ways during the heavy growing season. Mr. McFellin said other communities he has worked for as well pavetl portion of the road right-of-way and said he believed Lhe City should look at enacting legislation to that effect. After c ued c sat ion Deputy Mayor 5 rilson suggested the Parks C ould utilize their s ordinate the ing n schedule. Mr. Fellin waids thiso the responsibility not Public Works. Deputy Mayors Smerilson sasid he the R ordinator could look i that and give them at least ea rPreliminary Report at the next meeting. DISTRICT N2. Commissioner Pearl said the debris in Front of property o ant St. had n t been r ved. Fellin said the propertySw the County and they had been notified but said he would Follows up. T b4. Commissioner Anderson n o£ parOks Tand rights-of-ways c under the Public Works Departments Mayor Loves trnnd said he hadano problem with that. /,~~',O aul Lovestrand Mayor, city of Longwood, Florida TTES C. ti4 ~~i-ivU/ raldine D Zamb i City Clerk ~/