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041101 sm SPECIAL MEETING APRIL 11 20.01 City Commission, Sanford, Florida ~oom4s The City Commission of the City of Sanford, Florida met in Special Meeting on Wednesday, April 11,200 I, at 7:00 P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Randy Jones Conuissioner Art Woodraft City Attomey William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Lessard reported the purpose of the meeting is a hearing to consider the removal of Mr. Ed Blacksheare, Mr. Emory Blake, Ms. Shirley Allen and Mr. Bernard Brown as Commissioners of the Housing Authority of the City of Sanford, Florida. City Attomey Colben reported that although the meeting is public, it is not a public hearing and the general public cannot participate. The hearing is authorized under Chapter 421.07 of the Florida Statutes, concerning the removal of commissioners of housing authorities. The grounds for removal being considered tonight concem inefficiency and neglect of duty. This matter is also being conducted pursuant to the City' s powers under the City' s Charter, specifically Section 2.09 that permits the City to make investigations into the affairs of the City. It may subpoena witnesses, administer oaths, and take testimony and require the production of evidence. The term inefficiency used in law means the quality of being incapable or indisposed to do the tli~s required of an officer. The term neglect used in law means to omit, to fail to do a thing that can be done or is required to be done, or the absence of a care or attention in the omission of doing acts that one is required to do. Mr. Colbert reviewed the procedure of the hearing. City Manager Anthony VanDerworp gave an overview of the seven attachments provided with today' s Agenda. Attachment one is Comrd~sion options for action at the hearing; two is a proposed agreement from the Housing Authority Board; three is procedures for hearing; four is a resignation letter from Ida Stephens; five is a Verified Complaint on the part of the City of Sanford regarding a Receivership; six is a Motion to Intervene on the Court Receivership by Central Florida Legal Services; and seven is credentials of Richard Moore. Option one is to accept the expiration of terms and resignation of the Board Members and requires the Board to transition out at the end of April, to proceed with the hiring of an interim director acceptable to the City and to HUD, and the begirming of a national search for a pennanent Director. If this option is approved, a hearing to remove the Board Members is no longer necessary. If the hearing proceeds, testimony will be heard, and the City Commission has the following options to ensure the continued daily operations of the Housing Authority: maintain current operations by retaining some or all of the Board Members (there must be at least three to represent a quorum); remove Board Members and ask the Circuit Court to place the Authority into receivership which has the effect of the Judge gaining control over the Authority, placing the operations into the hands of a receiver company. The receiver reports regtdarly to the Courts and to the City Commission. Control is transferred back to the City when deemed appropriate by the Court and the City has a new Board in place. Central Florida Legal Services has petitioned the Court to intervene in that action. Another option would be to remove the Board Members, have the City Commission act in an emergency status as the Board and then ask HUD to take over operation and control of the Authority. Under this option the City Commission can act at tonight' s meeting to turn the operation and control over to HUD until such time as a new Board is constituted. HUD has indicated that they are willing to do that immediately. Mayor Lessard reported he received a letter of resignation from Ms. Ida Stephens from the Sanford Housing Authority. Commissioner Eckstein moved to accept Ms. Stephens msignation~ Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Jones Aye Commissioner Woodruff Aye Mayor Lessard recognized Attomey Gerald Rutberg, representative of the Sanford Honsing Authority Board Members. Mr. Rutberg reported he objected to the nature of the ongoing of these procedures, based on the City Commission having given notice to the members of the Housing Authority about fourteen days ago. Upon stepping in to represent the Honsing Authority members, he advised them they needed independent counsel to represent their interests, however, he would be their spokesperson if the City Commission insisted on going forward. Mayor Lessard told Mr. Rutberg that he would he given an opportunity to extend or elongate his comments prior to the beginning of the hearing fithere is a hearing. City Manager VanDerworp read into the record the executed Agreemere from the Housing Authority Board dated April 10, 2001, that was delivered to him last night. AGREEMENT Sanford Housing Authority, hereinaRer referred to as "SHA", and the City of Sanford, hereinaRer referred to as the "City", agree this 10m day of April 2001 as follows: The appointed terms of Chairman Blacksheare, Shirley Wynn Allen, and Emory Blake, shall expire on April 30, 2001. Board member Bernard Brown from the SHA hereby tenders his resignation effective April 30, 2001. SHA agrees to appoint an interim executive director to facilitate the smooth transition of operations from the existing executive director and the designation of a permanent executive director. The appointment of an interim executive must he acceptable to HUD and the City. SHA agrees to initiate the solicitation needed for a national search for a qualified, permanent executive director, which permanent director will be hired by the new board in concert with HUD and the City. SHA agrees to operate under "zero threshold" which means it can engage in no procurement action without HUD approval. SHA agrees to immediately solicit the technical assistance and training from HUD needed to effect improvements in the daily operations of the Authority. SHA agrees to hold an open house on April 28, 2001. The open house shall include the adult literacy facility, the day care center, the cosmetology teaching facility and the Harbor, a computer MINUTES SPECIAL MEETING APRIL 11 20,01 City Commission, Sanford, Florida hub providing basic education skills through equivalency diplomas. Dated this 10th day of April, 2001. Edward Bhcksheare City of Sanford Chairman Emory Blake Vice-Chairman Shirley Wyrm Allen SHA Board Member Bernard Brown SHA Board Member Mayor Lessard said that if the City Commission affirms the resignations, that would eliminate the need for the proceedings. Mayor Lessard clarified the City's relationship with the Sanford Housing Authority. The City Commission' s role is not to nm the daily operations of the Authority but to appoint members to run the Authority. The City will work with HUD and the SHA in the appointment of an interim director and will proceed to solicit names for the Housing Authority resident member on the Board. Commissioner Williams moved to accept the Agreement. Seconded by Commissioner Jones. Commissioner Eckstein said it appears that the Agreement was made out of the Sunshine. How can four members agree to all of these things without meeting in the Sunshine? Secondly, he would like the removal of the Board to be effective tonight and have a new Board, a new person on board April 12m. He also wanted Mr. Hudson relieved of his duties and his resignation date of April 20th not accepted. City Attorney Colbert said the Housing Authority is subject to the Sunshine Law but he isn't in a position to judge whether the law has been met. If the Agreement violates the Sunshine Law it would be voidable. Attorney Rutberg said the Agreement meets both the letter and the spirit, because it was initiated through consultation with the City, and he had the document executed. He didn't think there is any issue of Stmshine Law violation. In response to Mayor Lessard' s question if the Board Members would be abdicated of being guilty of violation of the Sunshine if they were functioning under the advice of counsel, City Attorney Colbert replied, "yes." Commissioner Eckstein said that notwithstanding the obvious Sunshine violation, he had a problem with the date of April 30, and expressed concerns about immediate improvements, assl~ming the Agreement is agreed upon by the City Commission~ City Manager VanD erworp said the City Commission can request the SHA to begin to do something immediately if the Agreement is executed. Commissioner Jones concurred with Commissioner Eckstein's concerns and opinion. Commissioner Woodhill said he wants to go with the way that gets the quickest results, whether it is approving the Agreement or not approving the Agreement and removing the Board. Mayor Lessard said he fell it his responsibility to attempt to do the best he could to provide an option to the City MINUTES City Commission, Sanford, Florida SPECIAL MEETING APRIL 11 2~1 Commission for its consideration. He, the City Manager, City Attorney Colbert, and Attorney Rutberg spent many hours hammering out what he considered to be the best agreement. Mr. Rutberg said that every effort has been made on the part of the Authority Members to be positive. If given the opportunity, the Board will work with the City. The Board has many accomplishmeuts including the child care center, adult literacy facility, the Harbor, and the cosmctology teaching facility. Not a single member of this Board has ever received a dime from anyone other than to be reimbursed for occasional per diem for travel. They have left a memorial to what they have accomplished. H/s objective on behalf of the Board is to make an orderly transition and to see to it that persons who had served for so very long would serve until their terms expire. In response to Commissioner Woodmff's question w~ Stephenson & Moore would be able to move in very quickly and get things done, City Manager VanDerworp said that if the City Commission took action regarding an interim director, Stephenson & Moore would be at the Housing Authority within five minutes. In response to Commissioner W'~liams' question whether HUD was falpiliar with the Agreement and if the City Manager had been in consultation with HUD, City Manager V anDerworp said information regarding Stephenson & Moore had been provided to HUD for review. He is prepared to call HUD tomorrow to get their reading on Stephenson & Moore. Commissioner Williams asked ifHUD would be ready to come in tomorrow. City Manager VanDerworp said that option four of Attachment 1 reads if Board members are removed, HUD would be willing to step into operations tomorrow. Under this option there would be no Board. HUD would be in total control of operations by the Authority. The Commission would need to take action to do that. City Mamger VanDerworp said if the Agme~ is approved, he would immediately ask the Housing Authority Members to consider Stephenson 8: Moore as the interim director. If they agreed he would contact HErD and let them know that the SHA and the City Commission are in favor of this person acting as interim director, and attempt to receive their approval by fax or in writing, in order to move forward. Once HUD' s approval is in hand, he would ask the SHA to take a formal action to make that person interim director. In response to Commissioner Woodruff' s question of Mr. Rutberg whether the Board would be willing to very quickly agree to having this management company come in as interim director, Mr. Rutberg replied, "absolutely." Commissioner Williams said her position is that HUD appropriates the funds, sets the standards, does the evaluations, and that HUD should have come in and requested that Mr. Hudson and the Board he removed immediately. Mayor Lessard asked City Manager VanDerworp to articulate HUD's stipulations to taking over tomorrow morning. The City Manager said that HUD will only come in to take control over operations if there is no Board in place and that would include not even this Conmission acting as an emergency board. That would mean that there are no board members, that the City Commission is not acting as the Board on an interim emergency basis, and that the City Commission vote affirmatively to ask HUD to take over operation and control of the Authority. City Manager VanDerworp said that under this Agreement, HUD would not come in and take over control of the Housing Authority. The present Board would be sitting until April 30. There would be another Board appointed by the City Commission so operational control is maintained by a Board. HLrD would only come in and provide the technical assistance and training requested for any new Board members that might be appointed. City Attorney Colbert clarified the rehtionship under the various options with HUD and a receiver and how that would MINUTES City Commission, Sanford, Florida SPECIAL MEETING APRIL 11 20 01 work. Under option one, the Commission could ask for the appointment of an interim executive director. Under option two, there would still be a board or a quorum and HUD would not come in to operate the Housing Authority but would be available for technical advice and assistance. Under option three, if the Commission removed the Board Members and did not appoint replacements, the City can ask the Court to appoint a receiver in the interim. If you remove and appoint replacements immediately, a receivership is not available. Under option four, if the Board is removed and HUD is asked to come in and operate the Housing Authority on a temporary basis, they would do so, as long as a successor board is not appointed immedhtely. HUD will only operate in the absence of Housing Authority members, either current or future. They are available for technical assistance under any scenario. In response to Commissioner WoodruWs question whether Mayor Lessard is ready to appoint four board members, Mayor Lessard said he has been very cautious about actively soliciting and is not prepared to name five new Board Members for the Commission's approval. The City Manager has gotten names and phone number of folks willing to serve, but he wanted to preserve the due process and open mindedhess to the evidence if it was presented tonight at a hearing. At the end oftonight's proceedings he is prepared to begin interviewing. In response to Commissioner Woodrafts question regarding the court date for a receivership, City Attorney Colbert said there is a heating tentatively scheduled tomorrow. It would be entirely up to the court whether or not a receiver would be appointed tomorrow or if it would listen and decide to postpone that for some period of time. Mayor Lessard explained that he was counseled by City Attorney Colbert that it was prudent to have a court date and time assigned, depending upon how tonight' s proceedings are resolved. He acted on the City' s behalf in that manner. After discussion, the motion to affirm the Agreement was carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Jones Nay Commissioner Woodraft Aye Commissioner Willjams moved to authorize Mayor Lessard to execute the Agreement on behalf of the City. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Wi|liaros Aye Commissioner Jones Nay Commissioner Woodruff Aye Commissioner Williams moved to withdraw the charges. Seconded by Commissioner Woodraft and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Jones Nay Commissioner Woodruff Aye Commissioner Woodraft moved that Mayor Lessard convey to the Housing Authority the Commission's expectation that a professional management company be hired as the interim director immediately, and that starting with the MINUTES I 3 5 City Commission, Sanford, FloridaSPECIAL MEETING APRIL 11 2001 inspection report in the HUD report that every Level HI problem in an occupied dwelling have a work order done immediately. Seconded by Commissioner W'dliams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Jones Aye Commissioner Woodruff Aye City Manager VanDerworp said he will be in touch with HUD and Mr. Moore this evening. Commissioner Wfiliams moved to adjourn the meeting. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Jones Aye Commissioner Woodruff Aye Mayor Attest: City Clerk