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HomeMy WebLinkAbout_1996 03 11 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MARCH 11, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present Attorney Kruppenbacher stated that the issue of vested rights (under his seat) has been resolved and it will not have to be addressed. Approval of Minutes of February 26. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of February 26, 1996. Mayor Bush said on page 11 (next to the last paragraph) the word "through" should be "threw". There were no other additions or corrections to the minutes of February 26, 1996. Minutes stand approved as amended. PUBLIC INPUT There was no public input. CONSENT AGENDA Public Works Department A. Requesting Authorization for the Purchase of a Truck Mounted Crane and Body. B. Requesting Authorization to Enter into a Contract Agreement for Stormwater Piping Repairs at Howell Creek: Motion was made by Commissioner ConnitT to approve the Consent Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion carnes. INFORMATIONAL AGENDA There was no items for the Informational Agenda. REGULAR AGENDA Mayor Bush said before we hear the City Attorney's report, he said he would like to bring something to the Commission's attention and hopefully resolve a dilemma: A couple of meetings ago when the motion was tabled regarding Commissioner Gennell's appointment to.CALNO and Commissioner Regular Meeting City Commission March 11, 1996 95-96-11 Page 2 Langellotti's appointment to that body as well as the discussion concerning Commissioner Gennell's membership on Rails to Trails. Mayor Bush said the Commission directed the Attorney to look into this and assume that he (Attorney) has done so and would be in a position to make a report. Before we get to that, I want to appeal to the Commission to remember what we are doing here is for the best interest of the City of Winter Springs, the Commission works as a body and as a group and must basically work together if we are going to accomplish anything. Based upon the discussions two meetings ago, when this came up, and the motions that were made and the fact that it was tabled and so forth; I would like to have the Commission consider resolving this without having any kind of legal opinion on this. Mayor Bush said his opinion on this and as Mayor he has an obligation to try to bring the Commission together on this and try to resolve this as amicably as possible under the circumstances. The Commission voted as a body that we would be represented by Staff on the Rails to Trails and the fact that Commissioner Gennell was eventually appointed to that body was really something, if! would have been in the Commissioner's shoes I wouldn't have done it; I think it is against the intent of what the Commission wanted, I think it does lend to the problems that have risen since, I think Commissioner Gennell can still bring to this Commission from her seat, issues regarding Rails to Trails and the Commission will have to address this issue as it does proceed through the other government bodies. Mayor Bush said half of what he is asking for is he would like for Commissioner Gennell to consider resigning from that body and observe the wishes of the Commission when they voted on it that night. The other half of what I would like to bring before the Commission is the Commissioner's appointment with CALNO. Mayor Bush said he thinks the Commissioner has done a good job with CALNO and it is a real "feather" in the City's cap that she was voted Chair, I personally don't believe that she should be taken off that group. Mayor Bush said he would personally like to see Commissioner Gennell stay on there and represent the City because he feels that she has done a good job. Mayor Bush said he thinks most of the Commissioners would probably agree to that. Mayor Bush said it is kind oflike we have one side going at the other on this issue and said he doesn't think it is in the best interest of the City. Mayor Bush stated that he knows that Commissioner Gennell has a great interest in the Rails to Trails and said he thinks all the Commissioners do and he thinks the fact that Commissioner Gennell has the time to spend with that group is good and had the Commission not taken the stand that they did, I think it would be a great thing for her to do it. Mayor Bush said what he is asking for the Commission to consider is 1) the motion that is tabled, he would like to see that dropped and 2) would like to see Commissioner Gennell resign from the Rails to Trails and would like to see the Commission approve Commissioner Gennell to stay on CALNO under those circumstances and continue to represent the City. Mayor Bush said his point is that we (the Commission) need to work together and each of us probably has something we would do differently ifwe were citizens and not serving up here, but when you do sit up here, you do have to think about what goes on within the City and as a group what we can accomplish. Mayor Bush said he thinks that the Commission is on the verge of doing some great things in the City and to get diverted on these kind of issues takes a lot of our energies and makes interesting writing for the news media when Commissioners bicker and I don't want to see Winter Regular Meeting City Commission March 11, 1996 95-96-11 Page 3 Springs in that direction. I think by working together we can accomplish a lot more. Mayor Bush said he is asking both sides of this issue to give a little and let's bring this to closure and move on to more important things. Commissioner Gennell said she has been working with the City Attorney on this matter and said she is not prepared to respond at this time without continuing to talk to the City Attorney. When the appointment to the Seminole County Trails Task Force was made, it was not a motion that Commissioner Gennell cannot be on it, the motion made was to appoint the Parks and Recreation Director, that was the motion. Commissioner Gennell again stated that she is not prepared to respond to this tonight subject her talks with the City Attorney. Mayor Bush said his intent here was to avoid the legal issue in this. Mayor Bush said to Commissioner Gennell that he thinks the Commission's intent was they felt the City should be represented by a member of Staff on that particular group; and said he is asking for a resolution to this and get this behind us and go on to more important business of the City. Commissioner McLeod asked for a break so that the City Attorney and Commissioner Gennell can take a few moments in conference and speak. Mayor Bush called for at break at 7:40 p.m. Mayor Bush called the meeting back to order at 7:56 p.m. Attorney Kruppenbacher said that Commissioner Gennell asked that he express the proposed resolution to this issue. Attorney Kruppenbacher said it is Commissioner Gennell's position that in accepting the County appointment to the Rails to Trails commission, she was doing so with the full intent of helping the Rails to Trails body and the citizens through that process and at no time was she doing so out of an act of disrespect to any member of this Commission or the body asa whole. Second she (Gennell) would propose to this Commission, following up in difference to the Mayor's recommendation, that she be allowed to (she is currently Chairman of the County Rails to Trails) go to the next meeting of that body at which time she would advise them that she is in fact resigning as the Chairman from that body so they can get another appointment. Attorney Kruppenbacher said that would be predicated upon the understanding that the Commission would have her remain as Chairman ofCALNO. Attorney Kruppenbacher said Commissioner Gennell also asked me to express that he has been in contact with and discussed this issue with the Ethics Commission in Tallahassee who during my preliminary discussions based upon the facts, have indicated that at this point regarding the ethics code, they have not seen an ethics issue at this point, although they want me to put it in writing and have them review that issue from the Ethics Commission standpoint. Attorney Kruppenbacher said that is what Commissioner Gennell would propose at this point to the Commission. Mayor Bush reiterated for his and the Commissions understanding: Commissioner Gennell will in fact resign from the Rails to Trails Committee - Attorney Kruppenbacher said that is correct and she Regular Meeting City Commission March 11, 1996 95-96-11 Page 4 would like to do that in person at their next meeting as opposed to giving them a letter that simply states that she is resigning. Mayor Bush said resigning from the group as a whole~ Attorney Kruppenbacher said that is correct. Commissioner F erring asked if Commissioner Gennell will resign completely off that Committee. Attorney Kruppenbacher stated yes she will resign completely and she would simply like to do that in person and there will be no discussion at that resignation about this interlude other than the Commission believes it is in the best interest for her to step aside. Commissioner Ferring said he wants to make it clear on what the Mayor has proposed, that he doesn't want to be "hard nosed" on any issue, but what he wants to make clear is that this Commission has a right, and thinks it should be expressed to the fact that any job that is given on assignment by the Commission, whether it be CALNO, Deputy Mayor or Regional Planning Council, is an annual appointment and that appointment has to be made by this Commission, and said he wants that to be made perfectly clear. Attorney Kruppenbacher said that is correct, the Commission makes the annual appointments and the Commission has complete discretion as to who the Commission appoints or doesn't appoint as a body, you vote as a group. It is the Commission's judgement and it is done by tradition or practice on an annual basis by the Commission. Commissioner Conniff said he was the maker of the motion that was tabled and said he would like to move to take the motion otT the table now and discuss it. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye. Motion passes. Commissioner Conniff said to the Mayor, in his (Mayor) efforts to reunify this Commission, he would have no problems with his recommendation. Commissioner Ferring said he would agree to what the Mayor has proposed, as long as it is clear once and for all that this is a unified body that acts as a body and the majority is a democratic government and that is the way we operate up here. Mayor Bush asked the Clerk to read the tabled motion. The City Clerk read the tabled motion: Motion was made by Commissioner Ferring to nominate Commissioner Langellotti for the Council of Local Governments (CALNO) and Commissioner Gennell to the East Central Florida Regional Planning Council. Seconded by Commissioner ConnitT. Commissioner Ferring withdrew his motion that was tabled. Commissioner ConnitT withdrew his Second. Motion was made by Commissioner McLeod to reappoint Commissioner Gennell to CALNO for a one year term to expire in December 1996, and that Commissioner Gennell will resign from the Rails to Trails Task Force. Seconded by Commissioner LangeUotti. Discussion. Vote: Regular Meeting City Commission March 11, 1996 95-96-11 Page 5 Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Motion passes. Mayor Bush stated that he appreciates the cooperation of the Commission on this issue and glad that this is behind the Commission. City Attorney - Frank Kruppenbacher: Ord. With regard to unsafe building procedures: Attorney Kruppenbacher said he is revising the unsafe building procedures to make it a citation and will bring it back at the next meeting. City Manager - Ronald W. McLemore: Manager McLemore said the Commission was given information with regard to the Audit asking for the Commission's evaluation of the Auditors and said it is his intent to have that be an agenda item for the March 25, 1996 meeting (if that meets with the Commissions wishes) and asked the Commission to have their evaluations in by the end of this week no later that Friday (03-15-96). Commission Seat II - John Ferring: Commissioner Ferring distributed a letter to the Commission and read the letter into the record (which is attached hereto and made a part of the record) and stated he would like the City Attorney's oplmon. Attorney Kruppenbacher stated from the facts that he has been made aware of, it is incomprehensible to him what the lawyer engaged in. You just don't represent one client when another client may be paying you or financing litigation, you don't do it unless your client knows about it~ I've been told that at one point in time the Tuscawilla Homeowners Assoc. did not know etc. Attorney Kruppenbacher said as the City's Attorney he took great offence at the Commission being attacked by anybody regarding the Commission's judgement regarding the Mall issue. The Commission did in good faith go to outside professional engineers and get opinions and those opinions were the best possible traffic routes and design. Attorney Kruppenbacher answered each of the requests that Commissioner Ferring spoke about in his letter. 1. Does the City have a claim for damages? - Attorney Kruppenbacher said he cannot answer that without evaluating the evidence~ the City may have a claim for intentional interference in the City's contract, it is a recognized torte, whether or not the City has the elements needs to be analyzed and will not speculate on that. 2. The Florida Bar Grievance Issue - Attorney Kruppenbacher said he will have another Attorney give the City an opinion regarding the right to file that or not~ Attorney Kruppenbacher stated that he has friends in Mr. Ross' law firm and will not get into that. 3. The City has the right to refer the matter to the State Attorney's Office, the anti trust division - and the Florida Attorney General Office - that can be done very easy by saying "here are all the facts, if it's there, it's their responsibility to deal with it, if they come back and say there is nothing there, that's the end of it but having been personally involved in this it is really hard Regular Meeting City Commission March 11, 1996 95-96-11 Page 6 objectively to not take great offence given what he has learned and what has been brought out in the last few weeks. What we've basically been told, and I was request by Commissioner Ferring, who is your point person in this area, to contact the law firm and find out from Duda/Rouse is that there in fact was financing being taken place by Waterford Lakes, that they purportedly funded and paid for the initial study that was used to attack our position for which we never could get a copy of and what other arrangements existed. Attorney Kruppenbacher stated that the minute this gets brought out in the Court, the lawsuit against the City gets dropped and what is somewhat offensive to him as the lawyer to the City is to this day the engineers continue to tell him that the deal the City negotiated was the best plan to protect the citizens ofWmter Springs and we don't have that deal. Commissioner Ferring said and we don't have the additional funds that would have gone to the benefit of the citizens in this City. Commissioner Ferring asked Attorney Kruppenbacher ifhe feels that his requests are valid. Attorney Kruppenbacher said he thinks the Commission as a body has every right and potential obligation to say "have we been wronged and if we've been wronged our citizens, what rights to we have?" You may get an answer you haven't been wronged and you have no rights, Attorney Kruppenbacher said he can't give the answers to that, but he can't tell the Commission they are wrong for wanting to know the answers. Attorney Kruppenbacher said item one of Commissioner Ferring's letter asks for what the City's civil remedies are; item two would ask for what the Florida Bar remedies are; item three and four would ask the Florida Attorney General's office, the State Attorney's office and the U.S. Department of Justice to look at it from their respective for civil and criminal powers to tell you what if anything they believe is appropriate. The City is out of it once the facts are reported to them, you have no control over what they decide. Attorney Kruppenbacher said he can only tell the Commission that on the first item he can have it evaluated; the second item - the City has the right to contact the Florida Bar, anyone of you, I am not going to be involved in that issue and further more because he will probably be a witness will not be involved in filing a lawsuit against a law firm in this town; I'll have a lawyer do it but again, you may have a very good claim and he will make sure it is evaluated very objectively but when it comes to filing the lawsuit in this case, I will have to be a witness. Commissioner McLeod asked Attorney Kruppenbacher what does he feel the City's legal exposure would be at this point, are we basically saying items 3, 4 and 5 of Commissioner Ferring's letter is no cost. Attorney Kruppenbacher said 2, 3, 4 and 5 would be no cost, Attorney Kruppenbacher said for item one, he doesn't think the City would incur a lot of cost in the evaluation stage, after that the Commission would decide if they want to go to the next step. Commissioner Ferring said that he would hope that he gets the support of the Commission to have the City Attorney look into these issues and would like to have a consensus now whether or not he has to get back with the Attorney to discuss anything further. It was the consensus of the Commission to have the City Attorney look into the issues. Commissioner Gennell said she wants what the cost to the City would be laid out in detail. Regular Meeting City Commission March 11, 1996 95-96-11 Page 7 Commissioner Ferring also brought up that there is a community project going on regarding affordable housing, the community of St. Stephens is currently building a Habitat House for an unfortunate individual that would need affordable housing. It is being done in the City of Winter Springs, the developer of The Seasons (around Mt. Greenwood) has agreed to give the community a couple of pieces of property at a reasonable rate, which they bought, and are going to be putting up two affordable houses for two needy single mothers. The question came in and Commissioner Ferring stated that he has had discussions with the City Manager on this, as far as the next house that is being built, but as far as the house that is presently under construction and near completion, there is something that he would like to see if the City can help and show that we care in the City of Winter Springs and that is to waive the impact fees for that particular house. Commissioner Ferring said it can't be waived automatically from the impact fees fund, it would have to be switched, you would have to take a certain percentage, whatever it would be and he asked the City Manager to look into those particular facts and come back with the figures, on what would be required to transfer from the General Fund to the impact fee fund to take care of this. Commissioner Ferring stated that he thinks it is a worthy cause, and said he would like permission to give them a little extra help for the City and community. Commissioner Ferring said he would ask the City Manager to put the costs together and bring that back to the Commission. Commissioner Ferring said there is also another route that we can take on the second house, which is called Ship Funds, which comes from the County, where Florida charities and Catholic charities can make application for these particular funds to cover the cost of impact fees; we will be working on that and will be providing them for the future house they are going to build and any other houses that they are going to be building in the City under the affordable housing. Right now the only thing in question is the house that is built and whether or not we can do something in that area as far as coming up with some monies from the General Fund to transfer to the Impact Fee Fund. Mayor Bush stated that Commissioner Ferring is asking for a consensus from the Commission for the Manager to bring this to our next meeting. Discussion. There was question is this was going to be for all affordable housing in the City. Commissioner Ferring said there is an avenue of funds that we can tap and tell them to tap that would come from the County for affordable housing, they can't do it for one that has already been paid for. It was the consensus of the Commission to have the City Manager bring back what the amount would be that would come out of the General Fund. Commission Seat III - John Langellotti: Commissioner Langellotti said he would like to respond to Commissioner Gennell's comments of February 12, 1996, regarding his participating with the Regional Planning Council Meeting and so called percentage of meetings that he did not attend. Commissioner Langellotti said if Commissioner Gennell would have looked into this more she would have found out the reasons he did not attend and why the City was late in paying their fee to the Council; there were reasons that the previous City Manager had understood and the City was late in paying this year because of a situation was coming up that needed the City to be represented on that Board. Regular Meeting City Commission March 11, 1996 95-96-11 Page 8 Commissioner Langellotti said the position on the Regional Planning Council is a position that meets once a month, elected and appointed persons, and are not paid for this. Commissioner Langellotti stated that he has never turned in any paper work to collect money from the City. Commissioner Langellotti said he took offense to the statement that he did not attend, and said he would like to clear up a situation and refer back to a comment that he made about Commissioner Gennell serving on the B.O.W.S. Board, she served on that Board for a couple of years and missed quite a few meetings and was paid, and said he wants to know if Commissioner Gennell paid that money back, because to him that is taking taxpayers money for a no-show job. Commissioner Langellotti said he would like the City Attorney to forward this information that he has to the Attorney General's office to see ifthere has been any violation on this that Commissioner Gennell took City money that was paid for being a member of that Board and come back with an answer. Mayor Bush said the recommendation maybe should be to have the City Attorney check the City Charter first on regards to meeting attendance. Attorney Kruppenbacher stated that he will look at the City Charter right now and let the Commission know. Commission Seat IV - Cindy Gennell: No Report. Commission Seat V - David McLeod: Commissioner McLeod said he would like to address the 434 Visioning Project and said he would like to see if the City Manager would mind getting this on the agenda because it seems to be "dragging" some because this has been going on for some time and would appreciate at the next meeting if the Manager would bring the Commission up to date on where it's at and perhaps where it is going. Manager McLemore stated that he has just completed a Commission Item on that for the next meeting on that issue. There has been a lot of activity going on and will bring the Commission up to date at that time and will be asking the Commission to make some decisions at the next meeting. Commissioner McLeod also asked about the statement the Mayor made at the last meeting where the Mayor stated that he attended the February 14, 1996 meeting of the Commerce & Industry Development Board and said one statement the Mayor made was that ifhe (Mayor) was not able to attend the Commerce & Industry Dev. Bd. Meeting then he would have Commissioner Ferring attend in his place. Commissioner McLeod stated that the City Attorney has advised the Commission that as Commission members to not attend Board meetings. Mayor Bush said he made that statement because the Mayor is appointed to that Board and usually the Deputy Mayor fills in if the Mayor cannot attend, but if that is the case then obviously Commissioner Ferring can't attend. Commissioner McLeod said if it is an appointed position that the Mayor attend and it would be proper that the Deputy Mayor attend in the Mayor's absence then Regular Meeting City Commission March 11, 1996 95-96-11 Page 9 he believes that so, but he is only trying to stay in touch with what was asked of this Board by the City Attorney that the Commission not attend Board meetings because Commissioners sometime tend to give an opinion and we are suppose to be here evaluating their (the Boards) input and not the Commission's input. Mayor Bush stated he didn't check with the Attorney on that and when he mentioned that it was his understanding that the Deputy Mayor normally fills in for the Mayor and said he can understand in this case that doesn't apply. Commission Seat I - Larry Conniff: Commissioner Conniff mentioned that he is against the one cent sales tax for the Schools. Mayor's Office - John F. Bush: Mayor Bush mentioned that the Commission received a very nice letter from Ms. Wittig who lives on Winter Springs Boulevard, complementing the Commission, the City Manager and Staff on the maintenance on Winter Springs Boulevard and giving the Commission some encouragement to continue working diligently for the City. Mayor Bush said that he did write Ms. Wittig a thank you. Mayor Bush stated that the Senior Center put on a very nice event on 3-10-96, and stated that the money raised would be given to the Senior Center for the purchase of additional tables. Mayor Bush said that last year he recognized an outstanding senior citizen and said that each year he would like to again recognize another senior who has done much for the City and has given a lot of time and that person is Gladys Zahand, who is the President of the Senior Center this year. Mayor Bush stated that he has a Resolution and would like the Commission's approval on this so that the City can recognize Ms. Zahand. Attorney Kruppenbacher asked ifthere could be a short break while the Commission is looking over the Resolution so he can talk to the Mayor. Mayor Bush asked if the Commission approved Resolution 776. The Commission was in approval of the Resolution. Mayor Bush said that Ms. Zahand will be asked to attend the March 25, 1996 meeting to be presented the Resolution and a plaque. Mayor Bush said at this time we will go back to the Attorney on the issue that Commissioner Langellotti raised. Attorney Kruppenbacher said he can't give an answer because the Charter doesn't speak to the issue. Attorney Kruppenbacher said he will say that he doesn't think it appropriate that he look into this issue, because the conduct occurred when Commissioner Gennell was not a Commissioner. Ifthere is issue with it, you can take it to appropriate authorities; if it happened while she was a Commissioner I'd deal with it like I deal with any of you, and I would privately try to solve it but this predates, as I'm looking at these dates, I don't believe she was on the Commission. Commissioner Langellotti said he is not making the statement as a Commissioner, as a Board Regular Meeting City Commission March 11, 1996 95-96-11 Page 10 member, what would happen to any other individual that sitting out here that is on the Board. Attorney Kruppenbacher said if a citizen has a problem with what one of you have done, I am not going to publicly sit here and deal with it; I'm your Attorney for the group, and I'm going to protect you as a group. If there is a problem with what occurred here, then I'm not employed unless you direct me as a body, and I'm telling you that I don't think it is appropriate as a body to have me go and investigate one of you regarding conduct that occurred prior to your sitting on the Commission. Commissioner Langellotti said he wants that to be moved to the State Attorney. Commissioner McLeod said he thinks the Commission is wasting their time, but if you are going to do that, while you are doing that, when I sat on the Planning and Zoning Board, I did miss a couple of meetings and I did not pay the money back so put my name in also please, and I think any Commissioner that is sitting up here at one time or another sat on other Boards and missed meetings. Commissioner McLeod said that the ordinance reads that if a Board member misses three meetings they are off that Board, if the acting Commission at the time allowed that to happen, then that is stuff that is in the past, I think this Commission needs to go forward but if we are going to check out the fact that any Board member that sat on a Board and received monies for something and didn't attend a meeting that evening, I'll guarantee you gentleman, for the amount of hours that I put in between P&Z and this Commission, I've never been paid for and the time I spend in my office during the week helping this City on things that I don't get paid for, ifI happen to miss a meeting, I don't expect to get "put up on the cross" but if at the same token I do feel that if we are going to go that route then we should go for everybody that has ever sat on a Board that missed a meeting and if we have to look at monies that was spend by this City that was not just then I think we go back and collect it back from anybody and everybody that ever missed a meeting. Motion was made by Commissioner ConnitT to adjourn. Seconded by Commissioner Gennell. Attorney Kruppenbacher said he would ask the person that made the motion to adjourn and the second to withdraw it and let's close this issue, ifit is not closed it will be here in two weeks and if I'm being directed to forward it on to the Attorney General and the State's Attorney then I'm going to do it. Mayor Bush said he would like to have a motion to place the reading of Resolution 776 on the agenda. Motion was made by Commissioner ConnitT to place the reading of Resolution 776 on the agenda. Seconded by Commissioner LangeUotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush read Resolution 776. Mayor Bush said Commissioner Langellotti has made a recommendation that the City Attorney take some action, not all Commissioners have spoken in favor or against this at this point; can we have a consensus from the Commission to either do this or not do it. Regular Meeting City Commission March 11, 1996 95-96-11 Page 11 Commissioner Ferring said he doesn't know that needs a consensus, if there is a man that is requesting something by his own authority as a Commissioner, I don't think that needs a consensus. Attorney Kruppenbacher said he believes this body by consensus directs him and said he believes the Commission has always done that although the Commission has allowed a Commissioner to direct me to do something and the Commission hasn't called for a vote. When there has been a dispute, you've asked for a vote. It is as simple as this, do I forward this on to the Florida Attorney General's office with the facts and ask if there is a violation, or do I not do it. Attorney Kruppenbacher asked Commissioner Langellotti if that is what he is asking him to do. Commissioner Langellotti responded yes. Commissioner McLeod said to Commissioner Langellotti, in light of what the Mayor has tried to do tonight, is to pull everybody back together and be informed in what we are doing, as a Commissioner I request that you retract from having the City Attorney send this forward, I think we are trying to get unified and I think all this is going to do is continue down the same road we have been going; it is just backwards of what the Mayor earlier tried to do. Commissioner Langellotti said to Commissioner McLeod, ifhe was accused of something what would he do. My whole point here is that here is a member serving on a Board of the City of Winter Springs who is paid for not attending meetings, it's an ordinary citizen. You (McLeod) mentioned when you were sitting on the P&Z Board, if you missed three meetings, you were told to leave the Board, but you never missed three meetings; but here is an individual that missed six consecutive meetings and then mentioned that she was going to resign but then never resigned. As a citizen, as a Commissioner, I can demand that, if any individual serving on one of our Boards is paid, that's taking money from the taxpayers and I call that getting paid for a no show job. Commissioner Langellotti stated that he has always looked for harmony on this Board. Commissioner McLeod said he is still asking, because we are going back to something that is a couple of years old and I don't know that we need to continue to dig in our past for things/issues; I think at any time anyone of us our "feathers" can be ruffled, I think we need to try and unify and go forward, I think there is a lot of things the City has in front of it that we as a group working together can resolve. I think if we try to end up drawing lines in the sand as we have over the last year, then we are going to continue to move forward very slowly and I would like to see us move forward fast. Mayor Bush said again we are spending too much time on an issue that's tearing us apart rather then bringing us together, I understand Commissioner Langellotti's feelings on this, is publicly embarrassing and it's unfortunate that these things come up in these meetings, it's what keeps our government from moving ahead the way it should. Mayor Bush said he hates to see the Commission keep bringing up these issues that are somewhat old at this point, even if they were wrong, but when we are directing the City Attorney to use his time, which the citizens are also paying for, that's one issue, and that is why I asked for a consensus on this issue and I'm not agreeing or disagreeing with anyone at this point, I am just hate to see us to keep arguing about points and I would like to see a truce declared between Commissioner Langellotti and Commissioner Gennell to number one: we all Regular Meeting City Commission March 11, 1996 95-96-11 Page 12 have done something wrong in our lives and probably since we sat on this Commission and been involved with the City, and ifwe dig deep enough we can find it on almost anybody. It is not a good use of our time and as long as it is not an illegal act, it is not something I would like to see us spend our time on, so again I'm appealing as Commissioner McLeod is, that we calm down, try to "bury the hatchet" on these issues and get on with the City's business. Commissioner Ferring asked the City Attorney is somebody in this City as a citizen raises this issue, and is a case of law involved here, what would you have to do with that. Attorney Kruppenbacher said it is their right. Commissioner Ferring asked if the City would be accused of a cover up? Attorney Kruppenbacher said he doesn't think the City would be accused of a cover up. Commissioner Ferring said to the City Attorney that he thinks he (Attorney) takes this under advisement and research it before he makes instant decisions on it and he said he thinks it the best way to handle this and if you take it under advisement, possibly you might be able to shed some light on this. Mayor Bush said a "cooling off' period on this issue would be appropriate at this time. Attorney Kruppenbacher said that at the next meeting he will give the Commission the final answer on this issue and said he doesn't want to hear from any Commissioner, the Manager or anyone on this topic; at the next meeting I will give you an answer. The Commission was in agreement. The meeting adjourned at 9:00 p.m. Respectfully Submitted, Margo Hopkins, City Clerk APPROVED ~~