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HomeMy WebLinkAbout_1996 12 09 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION DECEMBER 9, 1996 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 7:30 p. m. For the invocation Mayor Partyka called for a moment ofsitent prayer. ROLL CALL: Mayor Paul P. Partyka, present David McLeod, Deputy Mayor City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present Mayor Partyka mentioned that Boy Scout Troop 787 is present as they are working on their Citizenship Merit Badge; and asked Troop 787 to lead the Commission in the Pledge of Allegiance. Mayor Partyka said on his behalf he is pleased to be serving as Mayor and he will try to do the best he can for all the citizens and he and all the Commissioners will work together to make the entire City the best City they can make it. Commissioner Blake stated that he appreciates the opportunity to serve all the citizens of Winter Springs. Commissioner Gennell thanked everyone that supported her and appreciates the opportunity to be here and said she looks forward to working with Commissioner Blake and Mayor Partyka. Mayor Partyka said he would like to make an agenda change and that is he would like to honor two people, John Bush and John Ferring and moved Regular Agenda Items H and I to the front of the meeting. Approval of Minutes of November 25. 1996: Motion was made by Commissioner Gennell to approve the minutes of November 25, 1996. Seconded by Commissioner McLeod. Mayor Partyka stated that the minutes stand approved as presented. PUBLIC INPUT Mel Glickman, 703 Aberdeen Ct., said as Chairman of the C.lD.B., congratulated the re-elected Commissioner, the new Commissioner and new Mayor; and reminded the Commission of the Board's meeting on Wednesday morning and said that the Board looks forward to working with the new Commission for the betterment of the City. Mr. Glickman also mentioned that the memorial bench that the Compassionate Friends is donating to the Park will be installed on Tuesday. Mr. Glickman said it is a model bench and is the first of four that (he hopes) will be donated to the park. Phil Kulbes, Glasgow Ct., mentioned an article that was in the Orlando Sentinel. Mayor Partyka read the article to the Commission. Mayor's Office H. Requesting approval of Resolution No. 807 expressing appreciation for John Ferring for his service as Commissioner District/Seat n of the City of Winter SDrin2s: Motion was made by Commissioner ConnitTto approve Resolution No. 807 and to read by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution 807 by title only. Mayor's Office G. Requesting approval of Resolution No. 806 expressing appreciation for John F. Bush for his service as Mavor of the City of Winter SDrin2s: Motion was made by Commissioner ConnitTto approve Resolution No. 806 and to read by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye Commissioner Gennell: aye; Commissioner McLeod: nay. Motion failed. Attorney Kruppenbacher read Resolution No. 806 in it's entirety. Mayor Partyka presented John F. Bush a plaque in appreciation for his service as Mayor. Former Mayor Bush thanked the Commission and Mayor Partyka. CONSENT AGENDA Utility Department A. Request authorization to execute Supplement No. 1 to Amendment 49 for consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Supplement No. 1 to Amendment 49 for Hayes Road Bridge Construction Administration Services with Conklin. Porter & Holmes Engineers. Inc. At a cost of $10.500.00: Commissioner Blake asked why this amount wasn't originally put in to the price when this was approved. Kip Lockcuff, Public WorkslUtility Director, stated that typically the approval of"CA" in the original scopes. Commissioner McLeod said it would seem that when the bids are put out and we are going to have a consultant firm run the construction administration side, then we would also bid that out at the same time, then the Commission can look at the total cost. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: declared a conflict; Commissioner Blake: aye. Motion passes. INFORMATIONAL AGENDA Land Management Department A. Land Management Department presents for informational purposes the conceptual plan for the AMOCO facilities. PURPOSE: to inform the Commission of the proposed plans to develop that property located at the intersection of Hayes Road and S.R. 434 (SW comer): Commissioner Gennell stated she had some concerns regarding this and talked to the City Manager about them. Donald LeBlanc, Land Management Specialist, stated that some of Commissioner Gennell' s concerns were: reuse water and stated that it is not scheduled to come by there until about seven years from now and that is at the intersection of Alton and Hayes and at the present time there are no plans to go up to that point. Mr. LeBlanc stated that what was presented to the Statfwas that some of the car wash water (the excess water used in the car wash) will be used for irrigation purposes. Mr. LeBlanc said the developer is in agreement that if reclaimed water comes to them they will connect to it. Another question that Commissioner Gennell had was the distance from the nearest mobile home to the property and said he estimated the distance to be about 25-30 feet to the property line. Mr. LeBlanc said that the City Engineer has informed him that the closest one (which is behind where the full service car wash will be) is approximately 34 feet and then add the extra 30 +- feet so it is well above 50 feet from either of the mobile homes; the next closest one to the main building is approximately 100 feet. Another question that Commissioner Gennell had was regarding the dumpsters and said that that is where the location will be but they will be required to build a six foot masonry wall on the rear of the property line. Commissioner Gennell said her concern was that commercial dumpsters mainly get emptied in the early morning hours - Mr. LeBlanc said in the City it is usually in the daylight but said that can be a stipulation, he can talk to the carrier and tell them what the hours are. Mr. LeBlanc said the fourth concern of Commissioner Gennell was the drive-in window for the microphone (for ordering) and stated that that shouldn't be a problem with a six foot wall separating it. Commissioner GenneU said she would be satisfied if there were stipulations regarding the reclaimed water and the time of pick-up for the dumpsters. Commissioner Conniff asked if the six foot wall will be along the entire length of the property in the rear and Mr. LeBlanc stated yes. Commissioner McLeod said he has concerns about the excess water from the car wash and asked how will that be controlled. Mr. JeffHodgeskinson, engineer for the project, explained the process. Commissioner Blake asked about the noise from the air dryer. Mr. Hodgeskinson stated that with the new equipment, it has been explained to him that the noise level should be 50% quieter than the regular ones. Discussion. Mr. Hodgeskinson suggested that they could put a "wind screen wall" at the exit of the car wash to help divert the sound. Manager McLemore asked about the hours of operation. Mr. Hodgeskinson said from about 8:00 Ree:ular Meetine: City Commission December 9. 1996 96-97-5 Pae:e 4 a.m. to dusk. Mayor Partyka asked if the developer could furnish the Commission a comparison of the potential sound on this particular model vs. establishments that are there now. Mr. Hodgeskinson said yes. Manager McLemore also stated that lighting is also an issue, in regarding to the lights "bleeding over into the neighborhood" and said that technology is available to stop or eliminate that and that the City expects to see that in the plans. Motion was made by Commissioner ConnitT to approve the Informational Agenda. Seconded by Commissioner GenneU. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passed. REGULAR AGENDA Public Works Department A. Request commission approval of the Second Reading and Public Hearing of Ordinance No. 636 amending Chapter 9 of the Code of Ordinances to provide for Rustic Residential Collector road Standards in areas of the City designated in the Comprehensive Plan with an underlying rustic residential land use. PURPOSE: to request Commission approval of the Second Reading and Public Hearing of Ordinance No. 636 amending Chapter 9 of the Code of Ordinances by amending Sections 9-147(a) and 9-147(b) and 9-296, providing for rustic residential collector road standards in areas of the City with an underlying rustic residential land use: Attorney Kruppenbacher read Ord. 636 by title only. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak for or against Ordinance No. 636. There was no one present who wished to speak on Ord. 636. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made aye Commissioner GenneU to approve the Second Reading of Ordinance. No. 636. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. General Services Department B. Requests Commission approval of Resolution No. 808, providing for the establishment ofInterim Service Fees, repealing Resolution No. 775, passed and adopted February 12, 1996. PURPOSE: to request adoption of Resolution No. 808, providing for the establishment of Interim Service Fees, establishing Interim Service Fees for 1997 in accordance with Ordinance No. 527: 1. Ketteringham, General Services Director, gave a brief explanation of the Interim Service Fees. Motion was made by Commissioner McLeod to approve Resolution No. 808 and to read by Reeular Meetine City Commission December 9. 1996 96-97-5 Paee 5 title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution No. 808 by title only. Land Management Division C. Requesting Commission approval of Ordinance No. 639 vacating a portion of that utility easement identified at Tract "H" located to the rear of Lot 46, The Highlands Section One (896 Stirling Drive). Action at this meeting is for the First Reading of this Ordinance. The Second Reading and adoption of this ordinance No. 639 will be at a later meeting. PURPOSE: to vacate a portion of an existing utility easement identified as Tract "H" located to the rear of Lot 46, The Highlands Section One (896 Stirling Drive). This will allow the owner of this property to screen in an existing patio: Motion was made by Commissioner McLeod to approve the First Reading of Ord. 639 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 639 by title only. Parks and Recreation Department D. Requesting the Commission review and approve by second reading, Ordinance No. 635-A which sets fees that will be imposed to community serving youth atWetic organizations and groups that normally utilize park atWetic facilities on a prescheduled basis but "do not show for a previously approved scheduled game or show up to play which a game was not previously scheduled and approved" : Don WIlson, Parks and Recreation Director, mentioned that there was a change in the Ordinance and that was to have terminology regarding applicable taxes. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if there was anyone present who wished to speak for or against the Ordinance. There was no one present who wished to speak on Ord. 635-A. Mayor Partyka closed the Public Hearing and reopened the Regular Meeting. Commissioner Gennell said that the price for a fraction of an hour seemed steep. Commissioner McLeod said it is called a minimum charge. Mr. Wilson stated that they are not out to "gouge" the people, the purpose is for accountability. Discussion. Commissioner Gennell suggested pro-rating the hourly fees. Mr. Wilson stated that that would not be a problem. Commissioner McLeod stated that he has a problem with charging for the first or second offence and said he thinks the City should charge on the third offence. Commissioner McLeod said that he thinks the Ordinance should be rewritten stating: the first time a warning; the second time a warning and the third time is when there is a charge. Discussion. Mr. Wilson stated that at the First Reading of this Re2ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 6 Ordinance, Commissioner Gennell suggested that the terminology should be put into the facility use agreement that they may be charged and Commissioner McLeod's suggestion regarding the written warnings before a charge is place and stated that both of those suggestions can be done. Mr. Wilson said his Department is here to serve the public, and this is just a control measure to help them operate more effectively and efficiently. Motion was made by Commissioner Langellotti to approve the Second Reading of Ordinance No. 635-A with the amended changes and those being two written warnings be given and if there is a third time the fee would come into effect and the hourly fees will be pro-rated and to insert terminology in the Facility use Agreement stating they may be charged and that the hourly fees. Seconded by Commissioner GenneU. Discussion. Attorney Kruppenbacher said the changes to the ordinances are not substantial as to adversely impact any member of the public so this will not be going out for another reading. Attorney Kruppenbacher said the motion to approve this ordinance is to have it revised to comply with Commissioner McLeod's request that there be a three warning system for the penalties imposed and Commissioner Gennell's request that pro rated hours be applied in the formula for assessment and that the agreement will have the notification stating the requirement; This will be on an annual basis. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Community Development Department E. Requesting the Commission approve the first reading of Ordinance No. 631 to annex a 9.9 acre parcel located at the intersection of Orange Avenue and Tuskawilla road. PURPOSE: to request the Commission to approve the first reading of Ordinance No. 631 to annex a 9.9 acre parcel in the County enclave located on the north side of the Winter Springs School property: Motion was made by Commissioner Langellotti to approve the First Reading of Ordinance No. 631 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. No. 631 by title only. Mayor Partyka called a recess at 8:30 p.m. Mayor Partyka reconvened the meeting at 8:40 p.m. City Manager F. Request Commission approve documents related to the implementation of retirement benefits provided for in the City Manager's Employment Contract, and clarifYing employment benefits related thereto. PURPOSE: to approve standard documents necessary for the City manager to participate in the International City Management Association Retirement Corporation pursuant to benefits provided for in the City Manager's employment agreement with the City. Additionally, the purpose of this agenda item is to clarifY the Manager's retirement benefits relative to changes made by the Commission for other City employees effective October 1. 1996: Manager McLemore said that this item is related to the retirement benefit that was provided for in Res!Ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 7 his employment agreement with the City. The agreement provides that he can either be a member of this plan or a member of another plan of his choosing, which is equal to the benefit which is provided to the employees - in terms of percentage of contribution. This was something that was negotiated in good faith and said he has not had the opportunity to get the documents done during the year (as he has been too busy) and said it is a requirement that the documents be executed by the City before December 31, 1996. Manager McLemore stated that Mr. Steve Brindle, from I. C.M.A. Retirement Corporation is present if the Commission has any questions. John Ferring, Benitawood Drive, (former Commissioner) stated his opposition of this request. Manager McLemore stated that with regard to Mr. Ferring's issue about going back to the 1995 plan year, that could be construed to say that he (McLemore) was trying to go back prior to his January 22, 1996 employment and get something from the City and stated that is absolutely not true. Manager McLemore stated that there is a requirement in the plan to identify the plan year that you fall in and since a portion of the plan year (our plan year starts on October 1 and goes to Sept. 30) so the January 22, 1996 date falls in that plan year, has to be identified that way in the documents; there is no funds coming from the City at all; it is spelled out in the documents that it starts January 22, 1996. Mr. Steve Brindle, lC.M.A. Retirement Corporation, stated that all that would be involved is a direct contribution to I.C.M.A.'s plan. Commissioner Conniff asked the City Attorney if there is any conflict with this. Attorney Kruppenbacher said if the Commission wants to make a policy decision that they want to do this, he would recommend that it is made subject to written conformation from Mr. Lang stating that it is alright to do this legally. Attorney Kruppenbacher said there has to be a clear opinion because the Commission can't jeopardize the existing plan, so there has to be a clear opinion that there is actually no jeopardy to the tax exempt status and the quality of the pension plan the City has for their other employees by allowing the Chief Executive to accept to opt out; and then that there is no legal problem with the plan in terms of exposure to the City that he wants to get into. Mr. Ferring read from one of the documents from the I.C.M.A.'s Retirement Plan, which stated that "the employer hereby elects to pick up the mandatory required participate contribution". Discussion. Manager McLemore stated that the issue to his is that the City employees are entitled to a per-taxed benefit and this is the only way he can get a per-taxed benefit, and that is to go through this type of plan. Manager McLemore stated if the Commission wants him to have a per-taxed benefit the way the employees have a pre-taxed benefit, this is his route to do it and said that he thinks he is entitled to it under the contract. Manager McLemore said the administrative costs of $500.00, the City pays the administrative cost for other employees (and said it is not $500.00) however, ifhe had to go to a tax deferred benefit, which he said he thinks it is a total breech of contract and totally unequitable for the Commission to do; the City's cost for his salary this year will be almost $400.00 in social security taxes. Manager McLemore said he would like a pre-taxed benefit just like the other employees and this is his way in doing it and stated that this is the way the City Manager's in the Re2ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 8 United States do it, if they are not in their local plan, which most now choose to go to the I.C.M.A. plan. Manager McLemore said he would like to see the whole City in the plan, at some point in time, because he thinks it is a much better plan. At this point in time, these contract documents provide for one person in the City, so the Commission is simply giving to him what they agreed to give to him, and that is what any other employee has and that is a pre-taxed retirement benefit. Commissioner Blake asked if it was possible in this type of an account, for the administrative fees to be withdrawn on whatever basis the fees normally occur from the deposits in the account. Mr. Brindle said yes it is possible. Commissioner Blake said with regard to the vesting requirements, if we were to follow the second half of what is written in the contract, then we would be paying to Mr. McLemore the dollars in cash and he would be 10001c>> vested at that time, is that correct. Mr. Brindle said yes. Commissioner McLeod asked Mr. Brindle to explain Article 14, regarding loans against the policy. Mr. Brindle said the participant can borrow up to 50% of the vested balance, a maximum of $50,000 and a minimum of $1,000; the loan must be paid back with a term of five years or less unless it is used for a mortgage then you can have a period as long as 30 years for a mortgage. It must be paid back through payroll deduction. Motion was made by Commissioner Blake that the City enters into an agreement with LC.MA. Retirement Corporation for the purpose of funding the City Manager's retirement plan, subject to legal opinion that will hold this City harmless against any wrong doing, malfeasance, or business ethics, etc., of the company; a hold harmless agreement with the manager, again indemnifying the City, subject to qualifying under all E.E.R.I.S.A. and top heavy provisions and subject to all costs associated with the administration of the retirement plan to include but not be limited to the plan administration fee, the account maintenance fee, the annual plan fee, mutual funds services fee, model portfolio fund fee and all compensation for the management services of the trust be borne from the assets of the fund. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher stated that there are two resolutions and agreements that will need to be voted on. Motion was made by Commissioner Conniff to approve the Resolution #1, Attachment 1 and to read by title only subject to the prior motion qualifying it that was made by Commissioner Blake that those conditions be met. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Resolution # 1, Attachment 1 by title only. Motion was made by Commissioner Conniff to approve Attachment #2, Agreement #001, as Rel!Ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 9 the agreement and implied within that to the extent the Manager's contract needs to be amended to incorporate that and it would be and it would be subject to prior conditions placed originally in Commissioner Blake's motion. Seconded by Commissioner Blake. Discussion. Manager McLemore said for clarification that it is the intent of the Commission that 25% of this benefit that the Commission is offering him be paid in administrative fees, because that is the effect of the motion; Manager McLemore said as he understands it the $500.00 is to be paid out of his contributions to the plan. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Motion was made by Commissioner Blake to approve Attachment #3, Administrative Services Agreement subject to the qualifications of Commissioner Blake's original motion. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. Motion was made by Commissioner LangeUotti to approve Resolution #2, Attachment #4 and to read by title only and subject to terms and conditions of Commissioner Blake's original motion. Seconded by Commissioner Blake. Discussion. Manager McLemore said the approval of the 401 documents does that require this to be enacted. Mr. Brindle said until you send a premium; Manager McLemore said he may elect to go on the 457 plan because there is no administrative fee for that. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Motion was made by Commissioner Blake to approve Attachment #5, Administrative Services Agreement, subject to the same terms and conditions as Commissioner Blake's original motion. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner LangeUotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Mayor's Office I. Election of Deputy Mayor for 1996-1997: Commissioner Langellotti stated he would like to nominate Commissioner McLeod for Deputy Mayor. Mayor Partyka asked ifthere were any other nomination. There were no other nominations. Motion was made by Commissioner Langellotti to approve the appointment of Commissioner McLeod for Deputy Mayor for 1996-1997. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. 1. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher said there is an issue pending in front ofP&Z regarding the development Ree:ular Meetine: City Commission December 9. 1996 96-97-5 Pae:e 10 of property within Tuscawilla, buy the developer represented by Mr. Mikes. Attorney Kruppenbacher said that Mr. Mikes has attempted to talk with him regarding this and stated that he (Kruppenbacher) has not talked to Mr. Mikes, other than to advise Mr. Mikes that he would talk to the Commission about this. Attorney Kruppenbacher stated that he and the City Manager would like to alert the Commission and asked if there was any opposition that the Attorney and Manager meet with Mr. Mikes to hear what Mr. Mikes has to say on the issue. Mr. Mikes has advised the Manager that he would like to discuss resolving the issue and has thoughts on how that can occur. Attorney Kruppenbacher said in his opinion, they are not authorized (the Manager and himself) to agree to anything, we are just going to listen and bring back whatever is talked about to the Commission with any thoughts that the Manager and Staff have on the topic. It was the consensus of the Commission to authorize the City Manager and City Attorney to meet with Mr. Mikes. Attorney Kruppenbacher said they will report back to the Commission at the next meeting. K. City Manager - Ronald W. McLemore: Manager McLemore said he would like to take this opportunity to thank the Public Works Department, the Police Department, the Fire Department and the Parks and Recreation Department for the job they did with the Art Festival. L. Commission Seat I - Larry Conniff : a. AppointmentlReappointment to the Board of Trustees - City's Pension Plan (Art Hoffinann). Commissioner Conniff welcomed Mayor Partyka and Commissioner Blake. Commissioner Conniff said he has an appointment to the Board of Trustees and would like to nominate Robert E. Neppes, a resident of Winding Hollow. Seconded by Commissioner Blake. Discussion. Attorney Kruppenbacher said he would ask that if any of the people that are being nominated sit on another City Board, he would like to know; Attorney Kruppenbacher said he recommends to the Commission that they get out of that process (having a resident serve on two different City Boards) because he would have to get an opinion every time. Commissioner McLeod announced that he will abstain from voting as Mr. Neppes is an employee of his. Attorney Kruppenbacher read from the Florida Government in the Sunshine Manual. Vote: Commissioner Blake: aye; Commissioner Conniff: aye; Commissioner McLeod: abstain; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Commissioner Conniff said it has come to his knowledge that the City's former Mayor, Philip Kulbes, is being recommended for the Congressional Medal of Honor for his heroic action that took place in Korea. Commissioner Conniff stated he would like to make a motion that the Commission name the "No Name Park", (located between the Fire Station and new Public Safety Complex) the Phil Kulbes Park. Discussion. Commissioner Gennell stated that Mr. Kulbes had much involvement with the Senior Center and said she thinks it would be more appropriate to name the Senior Center after Mr. Kulbes. Commissioner Gennell said there are gentlemen in our City that have been instrumental in the City (still living) and deserve the credit that is due them, and one being John V. Torcaso. Commissioner Gennell suggested naming the Senior Center after Mr. Kulbes and "No Name Park" after Mr. Torcaso. Commissioner Conniff withdrew his motion. Discussion. Res!Ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 11 Motion was made by Commissioner Conniff to name the Senior Center after former Mayor Philip Kulbes for all his work with the Senior Center. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Mayor Partyka said he will handle the details with the City Manager to have a ceremony dedicating the Senior Center to former Mayor Philip Kulbes. M. Commission Seat II - Michael Blake: a. Appointment/Reappointment to the Board of Trustees - City's Pension Plan (Brian Fricke) Commissioner Blake mentioned that the Art Festival and Tree Lighting Ceremony were great. Commissioner Blake stated that thanks need to go to Mayor Partyka and the Winter Springs Rotary in everything they did as well as the City support. Commissioner Blake expressed his appreciation to the Staff of the City who over the past several months has helped him. Commissioner Blake stated he will make his appointment to the Board of Trustees in January. Commissioner Blake discussed with the Commission, the procedure that is used in determining who is appointed and reappointed to any City Boards. Discussion. Commissioner Blake said the notification system should be changed and have the City Clerk notifY the Commissioner of which Board member is coming up for appointment/reappointment and let the Commissioner contact the Board member to determine whether or not the Board member wishes to be reappointed. Commissioner Blake said one thing that does is gives the Commissioner a little more time, and allows the Commissioner to talk directly with the Board appointee to determine if that individual does want to remain or whether or not the Commissioner wants to reappoint the individual. Commissioner Blake said he would ask the rest of the Commission's support on that change in the procedures. Discussion. Commissioner Blake mentioned that Winter Springs City Hall is the first government building that he has been in that the doors are locked and said it is the citizens building and that he has a problem with the doors to the City offices being locked. Discussion. Manager McLemore pointed out that there has been people coming into the offices and shuffling papers, taking things offhis desk and taking things outside the building; Manager McLemore said that there is a security problem in this building and we need to keep the doors locked. N. Commission Seat III - John Langellotti: a. Appointment/Reappointment to the Board of Trustees - City's Pension Plan (Jim Ryan) Motion was made by Commissioner Langellotti to name the "No Name Park" after former Mayor/Commissioner John V. Torcaso Park. Seconded by Commissioner Conniff. Discussion. Re2ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 12 Vote: Commissioner McLeod: aye~ Commissioner Gennell: aye~ Commissioner Conniff: aye~ Commissioner Blake: aye~ Commissioner Langellotti: aye. Motion passes. Commissioner Langellotti said he would like to reappoint Jim Ryan to the Board of Trustees. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Gennell: aye~ Commissioner Blake: aye~ Commissioner Langellotti: aye~ Commissioner McLeod: aye. Motion passes. O. Commission Seat IV - Cindy Gennell: a. Appointment/Reappointment to the Board of Trustees - City's Pension Plan (Vernon Rozelle) Commissioner Gennell said she would like to reappoint Vernon Rozelle to the Board of Trustees. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Blake: aye~ Commissioner Conniff: aye~ Commissioner McLeod: aye~ Commissioner Gennell: aye. Motion passes. Commissioner GenneU said she would like the Commission's support to be reappointed to CALNO for a one year period and stated that she is the Chairman of that organization right now and said she is also their designated appointment to the Tourist and Development Council and said an alternate also needs to be appointed. Discussion. Motion was made by Commissioner Gennell to reappoint herself to CALNO. Seconded by Commissioner McLeod. Mayor Partyka asked if there was any other member of the Commission who wished to be appointed to CALNO. No other Commissioner wished to be appointed. Mayor Partyka closed the nominations. Motion was made by Commissioner McLeod to appoint Commissioner Gennell to CALNO. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Conniff: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner Conniff to appoint Commissioner Blake as the alternate representative to CALNO. Seconded by commissioner McLeod. Discussion. Vote: Commissioner Blake: aye~ Commissioner Conniff: aye~ Commissioner Langellotti: aye~ Commissioner McLeod: aye~ Commissioner Gennell: aye. Motion passes. P. Commission Seat V - David McLeod: a. Appointment/Reappointment to the Board of Trustees - City's Pension Plan (Ralph Bowman) Commissioner McLeod moved to reappoint Ralph Bowman to the Board of Trustees. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Re2ular Meetin2 City Commission December 9. 1996 96-97-5 Pa2e 13 Commissioner McLeod asked the Commission for permission to meet with County Commissioners, either independently (one on one) or as a group~ as a City Commissioner to talk to them regarding the Oak Forest subdivision's needs regarding some Right-of-ways. Discussion. Motion was made by Commissioner Blake to have Commissioner McLeod to speak with the Seminole County Commissioners either one on one or in a group for the express purpose of securing Right-of-way for the development of the wall at the Oak Forest neighborhood or entrances; without the authority to make any commitments on behalf of Winter Springs. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Conniff: aye~ Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. Commissioner McLeod thanked the Commission and stated that in the future when the City has problems with Homeowner Associations, he would like to see other Commissioners or Mayor, that know various problems, that they could address the homeowners Associations to possibly help bring the City closer together with it's residents. Q. Mayor's Office - Paul P. Partyka: Mayor Partyka thanked the entire City Staff, from the City Manager to the clean-up crew, that the Art Festival went without a "hitch". Mayor Partyka also thanked the B.O.W.S. Board for all the work that they did in terms of putting the tree together, also thanked Walt Dittmer, Tom Brown for their help, and Don Wilson, Parks and Recreation Director. Mayor Partyka mentioned changing the start of the meeting to a time earlier than when the meeting start now. Mayor Partyka said the reasoning behind this would be that the meetings would end earlier and for the newspaper people attending the meetings and having to meet a deadline time and also in terms of more efficiency as the Commission would be "fresher". Discussion. Motion was made by Commissioner LangeUotti to change the start of the meetings from 7:30 p.m. to 6:30 p.m. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye~ Commissioner Gennell: nay; Commissioner McLeod: nay. Motion passes. The meeting adjourned at 10:36 p.m. Respectfully Submitted, ~'t~~ City Clerk