HomeMy WebLinkAbout2000 01 10 Regular H Extend Active Employeement of Don LeBlanc
COMMISSION AGENDA
ITEM H
Regular
ADD-ON
January 10, 2000
Regular Meeting
Mgr. / Dept.
Authorization
REQUEST:
The City Manager requests the commission to approve reinstatement of
444 hours of sick leave for Don LeBlanc subject to one year extension of
employment.
PURPOSE:
The purpose of this Item is to extend the active employment of Don
LeBlanc for a one year extension of employment.
CONSIDERATIONS:
Don LeBlanc has announced his retirement effective March 31, 2000.
Due to the importance of several important programs and projects in
which Don is involved, I would like to extend his employment one
additional year.
Don is willing to extend his retirement for one year if the City will
reinstate 444 hours or 55.5 days sick leave he lost as a result of an
employment dispute in which Don was ultimately proven correct.
On January 24, 1994, Don LeBlanc resigned his position as Land
Development Coordinator based upon a matter of professional pricinple in
a development project. Failure to follow Don's advice cost the City a
CITY OF WINTER SPRINGS
REGULAR MEETING - JANUARY 10,2000
REGULAR AGENDA - ADD-ONIITEM H
PAGE 2 OF 2
lawsuit and loss of some $50,000 III attorney fees awarded to the
developer.
On June 16, 1994, Don returned to work. His sick leave was not an issue
at the time of reinstatement. When Don realized it was not reinstated he
began without success to get the leave reinstated.
Both the past and current City Attorney have advised that the
reinstatement ofDon's sick leave would be legal, under the circumstances.
Section 13-4.a. of the City's Personnel rules states that "Sick leave may be
used for early retirement".
FUNDING:
The 55.5 days of sick leave converts to approximately $9,221.00.
However, no new funding will be required this fiscal year.
RECOMMENDATIONS:
Due to Don LeBlanc's importance to the organization I am recommending
that the 440 hours or 55.5 days of sick leave earned by him between
January 5, 1987 to June 24, 1994 be reinstated which will result in his
retirement date being extended to March 31, 2001.
ATTACHMENTS:
A. January 6,2000 Don LeBlanc memo to Ron McLemore and attached
letters.
COMMISSION ACTION:
January 6, 2000
To: Ron McLemore, City Manager a
From: Don LeBlanc, Land Development Coordinato~
Re: Reinstatement of Sick Leave
On January 24,1994,1 resigned from the employ of the City of Winter Springs. The reason was
because of ethical and professional differences encountered with a certain commissioner and a
consultant over the Hubert Earley property (now Seville Chase). It was my position that Earley
had every right to develop his property and that the City was putting obstacles in his path.
The tact taken by the commissioner and encouraged by the consultant was to deprive Earley of a
legitimate use of his property. There was a conflict between Zoning and the Future Land Use of
the property which would not allow Earley to develop his property without relief from the City in
changing the Zoning Category to comply with the Future Land Use. Earley had made numerous
attempts to change the Zoning but was denied every avenue attempted.
The end result was the filing of a law suit and ,I believe, a mediated agreement allowing him to
develop the property under a development agreement. The City, or their insurance, was
responsible for reimbursing Earley's attorney fees which were approximately $50,000.00.
During my period away from the City, I was frequently contacted by the then City Manager,
John Govoruhk, seeking advice or assistance in some form or another. In early June 1994, the
City Manager and I decided that I should return to the employ of the City. I believe the majority
of the Commission concurred in this. My official return date was June 16, 1994.
Upon resignation I lost 444 hours of sick leave (worth approximately $9,200.00 today). I
attempted to have those hours reinstated, but was unsuccessful. I feel that the personnel policy
did not fully address the procedures to follow upon re-hire. The City Attorney opined that this
action would require City Commission action. For whatever reason, further action was not
taken.
I respectfully request that this matter once again be considered.
Attached is the correspondence related to my initial request for sick leave reinstatement.
Law Offices
KRUPPENBACHER & ASSOCIATES
A Professional Association
VCClEW1RI\]
DEe 2 ~ 1995
CITY OF W!NTER SPRINGS
City Manager
Frank C. Kruppenbacher
340 North Orange Avenue
Post Office Box 3471
Orlando, Florida 32802-3471
Telephone (407) 246-0200
Facsimile (407) 426-7767
MEMO
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FROM:
John Govoruhk
Frank KlUPpenbaCh~
December 22, 1995
TO:
DATE:
RE:
Don LeBlanc - Sick Leave Reinstatement
As we previously discussed, I do not believe you have the legal authority to reinstate Don
LeBlanc's sick leave that he had accrued during his previous tenure with the City. This would
require action by the City Commission.
Should you have any questions, please contact me.
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
To: Frank Kruppenbacher, City Attorney
From: John Govoruhk, City Manager
Date: September 25, 1995
Re: (a) Don LeBlanc Memo of Febmary 3, 1995
(b) City Manager's Memo of Febmary 7, 1995
(c) Don LeBlanc Memo of September 21,1995
The attached is self explanatory.
Please provide an answer so we can close the file ASAP.
Ijp
cc: Don LeBlanc, Land Management Specialist (w/o)
attachment
pCClE~m
SEP 2 1 1995
September 2 I, 1995
CITY OF WINTER SPRING
City Manager
To:
John Govoruhk, City Manager L)J
Don LeBlanc, Land Management SpeCialis~
From:
Re:
My Memo dated February 3, 1995
Subj: Sick Leave
Attached is the above referenced. I know that the City Attorney has had this memo in his
possession for at least seven (7) months. I have asked him the status of this memo and he has
alluded that he had an answer. To date I have had no official response indicating that I am
authorized the sick leave or not. How much longer do I have to wait?
,//'
./
. CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
-00:
Frank Kruppenbacher, Attorney
From: John Govoruhk, City Nlanager
Date: February 7, 1995
Re: Don LeBlanc memo of February 3, 1995
Attached herewith is Don LeBlanc's memo of February 3, 1995. I have checked with
Mary Wilson in Personnel and she advised that "no one" has been re-hired and their sick
time reinstated.
Please advise.
~f:f
JP
attachment
February 3, 1995
To:
John Govoruhk, City Manager ~
Don LeBlanc, Land Management Specialis(W
From:
Re:
Sick Leave
At the time of my resignation in January 1994, I had accumulated approximately fifty (50) days
sick leave. According to Section 13-4(f) of the City of Winter Springs Personnel Policy dated
April 8, 1980, I was not due payment for unused sick leave.
Upon my reinstatement in June 1994 I was told that, according to the City Attorney, I was to be
considered a new employee.
I have since reviewed the Personnel Policy and feel that I have a legitimate claim to the sick leave
that I previously had as long as I am employed with the City. Section 13-4 of the Policy addresses
Sick Leave. At no place in this section does it state that the City cannot reinstate the sick leave.
Of course, there is no place where it states that it can. I use the City Attorney's normal comment
when a situation such as this arises, and that is "Does it specifically say that you cannot do it?".
The only place in the policy that addresses my return being treated as a new employee is in Section
13.3(f) which specifically states "For vacation purposes..... ". Section 13.3 only addresses vacation
with pay. The personnel policy does not even state that I should serve a probationary period.
As you can see, I was not an abuser of the sick leave policy, averaging only five (5) days per year
of employment. My philosophy was that the accumulation of sick leave was for potential
catastrophic use. Had I been an abuser, this would not be a question at this time.
Enclosed are pages 20 and 21 of the Personnel Policy with Sections 13.3(f) and 13.4(f)
highlighted.
d. Advancement of Pay
payment for vacation time in lieu of actually ta.king vacation ,'rill not
be permitted except in special cases as follows:
1) Enployees entering .military service.., and
2) Separation from City employment.
e. Accrual of Leave
Employees shall continue to accrue leave while on vacation.
f. Separation and Reinstatement
/ Employees resigning voluntarily and ,mo gl. ve reasonable notice of their
~tention to resign will receive any vacation credit earned as of the
date of resignation.' Enployees dismissed for incOlT'petence or ;in-
efficiency not invoMng personal misconduct also ,illl receive all earned
vacation. All earned vacation of erq>loyees who die in the service of
the City shall be paid in cash to the spouse or estate of said individual.
For vacation purposes.., reinstated employees are considered nevI employees.
pcyrr.ent for accrued vacation does not apply to employees having less than
one (1) full year of emplo:>'1Tlent.
13-4 Sick Leave
All pennanent employees are eligible for sick leave. Sick leave with
pay shall be granted for the follmdng reasons: personal ilrness or
physical incapacitation resulting from causes beyond the employee's con-
trol. illness of a member of the employee's household that requires the
employee's personal care and attention. Enforced quarantine of the
employee in accordance with COiTI11ll!lity health regulations. To keep a
doctor or dentist appointment.'
a. .Arrount of Sick Leave
Each full time employee earns sick leave credits at the rate of one
world.ng day per m:mth. Sick leave need not be :used within a specified
leave year. Sick leave may be accumulated wi-:h no rria.xirrn..Irn; Acctlrrn.1lated
sick leave TrEY be used for early retirement . .
b. layoffs
t-n employee who is laid off from a position for reasons that are not
discreditable to the employee rnay.., if reappointed within 12 months.., have
available for necessary use any unused sick leave existing at the time
of layoff. \olhen an employee is transferred to another position, any
unused sick leave which may have accumulated shall continue to be
available for the employee's use as necessary.
c. Coordination with Injury Leave and '~orlanenT s Compensation
An employee receiving sick leave "lith pay and sinu.1ltar.eously receiving
compensation urrler Workmen's Compensation la,'fS or who is receiving
benefits urrler :injury leave as provided by these rules and regulations
for the duration of such compensation, shall receive onlY th?-t portion
of the regular salary "shich will.., together ,.rith said compensation, equal
the employee's regular salary. Sick leave credit shall be charged
-20-
accordingly.
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A P R 8 .1980
d. Computing Sick Leave
Absence for a fraction or part of the day that is chargeable to sick
leave in accordance ,'lith these provisions shall be cha.rged proportionately
in an aroount not smaller than one-half of a day.
e. . Medical Certificate
In grentjng siCk leave with pay for reasons of personal illness or
physical incapacity the n=partment Head may request a "'Titten statement
by a licensed rredical physician certifying that the employee's condition
prevented the employee from performing the duties of the position. Such
statement will be required if three or more consecutive sick days are
cJ.a.iIred . .
f. Se~tion and Termination
No payment shall be made for unused sick leave.
g. Habitual Use of Sick Leave
Hci.bitual use and abuse of sick leave rrr3Y result in a pp.ysical exarn:i.nation
of the irrlividual and dismissal from service.
13-5 Personal or Funeral Leave
a. Tne employee's jm:nediate familY shaJ.l be defined as the
L ~l.oyee · s spouse, father, m:Jther, son, daughter, brother, slster,
<; i'I ~ \ father-:ln-law, m:Jther-in-law, stepparents,. step--brother and steJ>-sisters.
b. If required, the employee shall provide the department head
. with proof' of' d~ath jn family as def:i.ned before compensation is. approved.
13-6 Military Leave
Military duty means training and service performed by an induct~,
enlistee, or reservist, or any entrant into a terrporary component of the
armed fo:r;-ces of the United States and time spent in reporting for and
returning from such train.ing in service or, if a rej ection occurs, f'rQrr..
the place of reporting for .service. It also includes active duty for
a reservist :in the armed forces of the United states or as a member of
the Florida National Guard where the call :1 s for tra.in.i.ng only.
All full time employees rrzy be granted, upon ap~~of~lJ.~ de~~~
head, time off with pay not to exceed five (5)~~ ~ Vi- df a- U ~
caeath .1.1 tllc fomilY-. No charge with a rna.ximum limit per year of ten (10)
.days, after that it is from comp time or vacation time.
a. EligibilitY.
Any perrranent employee "rho has completed his probationarY' period and whO
leaves the City's service for compulsory military duty shall be placed
on military leave without pay, such leave to exterrl through a date of
ninety (90) days after his release from service. Military ind.uction
physical leave is leave without pay, except the City rrenager may approve
leave with pay in certain instances. Employees are required to notify
, .
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
JANUARY 10,2000
I. CALL TO ORDER
The Regular Meeting of January 10, 2000 of the City Commission was called to order by
Deputy Mayor Cindy Gennell at 6:35 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
ROLL CALL:
Mayor Paul P. Partyka: Absent
Deputy Mayor Gennell: Present
Commissioner Miller: Present
Commissioner Martinez: Present
Commissioner Blake: Present
Commissioner McLeod: Arrived at 7:58 p.m.
City Manager Ronald W. McLemore: Present
City Attorney Anthony Garganese: Present
The Invocation was followed by the Pledge of Allegiance. Commissioner Edward
Martinez Jr. asked that we remember Jan Palladino's Mother, and resident Isabelle
Laub's Husband, who recently passed away.
II. PUBLIC INPUT
Mr. Medford McCoy, 114,Brookshire Court, Winter Springs, Florida: asked about the
Code "That allows for commercial buildings to be restricted on the amount of ~ime they
can be vacant, before they have to be tom down". There was brief discussion' about
public safety concerns.
Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke about her desire
to "Follow through with a petition for appeal to the DCA". Ms. Scarlata further
addressed the City's Comprehensive Plan in regards to open and recreational spaces".
Mr. Eric Queen, 1198 Gulfstar Drive, Winter Springs, Florida: spoke about extensions
for commercial vehicles permits. Mr. Queen was asked to speak with the Code
Enforcement Department on ways that he may be able to come into compliance.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 2 of \7
Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: As a Board
Member for the Safehouse of Seminole organization, Ms. Beecher was in favor of the
City waiving the fees for a proposed soccer tournament at Central Winds Park.
Ms. Patty Reilley, 1207 Winter Springs Boulevard, Winter Springs, Florida: discussed
area recreational activities and facilities; and asked if the City had any plans to support
cheerleaders and football organizations within Winter Springs.
Mr. Chuck Pula, Parks and Recreation Director acknowledged the City's desire to pursue
other athletic organizations.
III. CONSENT
A. Community Development Department - Land Development Division
Requests That The Commission Approve The Recordation Of The Plat For The
Reserve At Tuscawilla Phase I-A.
B. Community Development Department
Requests The Commission Authorize The Transfer Of $25,000.00 From Surplus
Appropriations To Line Code 1510-54930 Classified Advertising.
C. Public Works Department
Requesting An Increased Authorization For The Hayes Road Turn Lane
Improvements.
D. Public Works Department
Requesting Authorization To Expend Funds To Convert To Underground Or
Eliminate Existing Overhead Electric, Cable And Telephone Crossings And Stay
Guy Wires On S.R. 434 From S.R. 419 To Tuskawilla Road.
E. General Services Department
Requests That The City Commission Authorize The Execution Of A Contract With
Information On Demand, Inc., Post Office Box 600, Winter Park, Florida 32790-
0600.
F. General Services Department
Requests That The City Commission Authorize The Purchase Of Selected
Replacement Furniture For The City Commissioners' Office In City Hall Through
Thomas W. Ruff And Company, 911 South Orlando Avenue, Maitland, Florida
32751.
G. City Clerk's Office
Approval Of The Minutes Of The Regular Meeting Of December 13, 1999.
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CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 3 of 17
H. Office Of The Mayor
Resolution Number 911, A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Jim Ryan For His Service On The Board Of Trustees.
Deputy Mayor Gennell said, "I'll entertain a Motion to approve the Consent Agenda, less
Items "A" and "F".
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE TAKEN
OFF THE CONSENT AGENDA FOR A SEPARATE VOTE. .:..:.
A. Community Development Department - Land Development Division
Requests That The Commission Approve The Recordation Of The Plat For The
Reserve At Tuscawilla Phase I-A.
Commissioner Martinez stated that "I voted against this project way back when it was
first approved by this Commission, for obvious reasons, which I put on the record then,
and I still maintain that we should have been subject to - and therefore since I am not in
. agreement, I want to continue my record to run the same".
The Commission and Mr. Don LeBlanc, Land Development Coordinator spoke of the
proposed recordation; provisions; litigation concerns; possibly tabling this item; and
reasons for voting against this at tonight's meeting.
"MADAM CHAIRMAN, I WOULD LIKE TO MAKE A MOTION THAT WE
POSTPONE THE CONSIDERATION OF ITEM "A", UNTIL THE NEXT
COMMISSION MEETING" - ("THE 24TH OF JANUARY"). MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 4 of 17
F. General Services Department
Requests That The City Commission Authorize The Purchase Of Selected
Replacement Furniture For The City Commissioners' Office In City Hall Through
Thomas W. Ruff And Company, 911 South Orlando Avenue, Maitland, Florida
32751.
Commissioner Michael S, Blake stated, "I recommend no action",
Commissioner Robert S. Miller said, "I'd like to see the City Manager come back with
some alternatives at the next Commission Meeting, whenever he gets additional
information".
Deputy Mayor Gennell added, "Perhaps a simpler, less expensive design may be called
for", Deputy Mayor Gennell then said, "We'll just take no action on this Item - and let it
come back again, when they have the information ready".
IV. INFORMATIONAL
A. Parks And Recreation pepartment
Wishes To Inform The City Commission That It Plans To Conduct A Summer Day
Camp Program At The Sunshine Park Civic Center.
B. Utility Department
Advising The City Commission Of A Public Meeting To Review The Risk
Management Plan For Chlorine Leaks At The County Services Building.
C. City Manager
Informing The Commission Of Operational Problems With The Solid Waste
Collection Encountered During The Week Of January 3, 2000.
"MOTION TO APPROVE INFORMATIONAL AGENDA". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
V. PUBLIC HEARINGS
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 5 of 17
Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Second Reading
And Adoption Of Ordinance 756 To Designate The Lamoureux Property (2.5 Acres)
Commercial On The Future Land Use Map.
Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator spoke briefly about
the property owner being interested in "Annexing into the City".
Attorney Anthony Garganese read Ordinance 756 by "title only".
Deputy Mayor Gennell opened the Public Input portion of this Agenda Item.
There were no comments,
The Public Input portion of this Agenda Item was then closed.
Deputy Mayor Gennell said, "I'll entertain a Motion to Adopt Item "A".
"MOTION TO ADOPT".
SECONDED.
MOTION BY COMMISSIONER MARTINEZ.
Deputy Mayor Gennell added, "Ordinance 756".
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
B. Community Development Department - Planning Division
Requests The City Commission Hold A Second Reading Of Ordinance 758 To
Consider Adopting Three (3) Large Scale Comprehensive Plan Amendments, LG-
CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) Dealing With Land Conservation And
Resource Protection.
Attorney Garganese read Ordinance 758 by "title only",
Mr. Grimms briefly spoke on this Agenda Item, and Deputy Mayor Gennell read the
"Purpose" of this Item,
Deputy Mayor Gennell opened the Public Input portion of this Agenda Item.
There were no comments.
". . .
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 6 of 17
The Public Input portion of this Agenda Item was then closed.
Members of the Commission discussed Lake Jesup and the "Parkstone" development.
Commissioner Martinez asked the City Manager, (or his staff) if the Code has been
strengthened, as this was discussed several months ago. Mr. Ronald W. McLemore, City
Manager replied that "Those Ordinance changes are currently under development".
"DEPUTY MAYOR, I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE
758, THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS 2-98, 3-98,
AND 4-98". MOTION BY COMMISSIONER BLAKE. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
ADD-ON
C. Office Of The Mayor
The City Attorney Is Requesting That The City Commission Consider The First
Reading Of Ordinance Number 2000-01, Which Staggers The Term Of Members Of
The Board Of Trustees - Pension Plan ("Board Of Trustees").
"MOTION TO READ BY 'TITLE ONLY"'. MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2000-01 by "title only".
Attorney Garganese briefly explained the staggering of terms, based on the request of the
City Commission, at the last meeting.
Deputy Mayor Gennell opened the Public Input portion of this Agenda Item.
There were no comments,
Deputy Mayor Gennell closed the Public Input portion of this Agenda Item.
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CITY Or: WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 7 of 17
Commissioner Blake suggested adding "Some language that clarifies that the appointee
need not live in the respective district; that appointees should be residents of the City; and
that the reference to 'reasonable time' be defined, such as after three (3) Regular
Commission Meetings, if an appointment is not filled by the Commissioner, then it is an
'at-large' appointment".
Discussion ensued on "reasonable period of time".
"I'D MAKE A MOTION TO MOVE THIS TO SECOND READING WITH THE
THREE (3) CORRECTIONS - THE FIRST ONE BEING THAT THE
APPOINTMENTS ARE MADE AT LARGE BY EACH INDIVIDUAL
COMMISSIONER FOR EACH SEAT; SECOND, THAT THE APPOINTMENTS
MUST BE RESIDENTS OF THE CITY; AND THE THIRD, THAT
REASONABLE PERIOD OF TIME IS DEFINED AS THREE (3) REGULAR
COMMISSION MEETINGS". MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
"I'D LIKE TO POSE A MOTION TO ADOPT THE POINT 'A' AND 'B' THAT
COMMISSIONER BLAKE JUST RAISED, AND LEAVE ITEM 'c' AS IS".
MOTION BY COMMISSIONER MILLER.
DEPUTY MAYOR ADDED, "THE MOTION IS TO PASS ON TO SECOND
READING ORDINANCE 2000-01 WITH THE FIRST TWO (2) CHANGES
SUGGESTED BY COMMISSIONER BLAKE, AND LEAVING THE
REASONABLE TIME STIPULATION AS IT IS".
SECONDED BY MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
Deputy Mayor Gennell said, "I'll entertain a Motion to postpone this until the following
meeting".
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 8 0 f I 7
VOTE:
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
Deputy Mayor Gennell said, "I'm just going to move on then - it's a dead issue. We'll
leave it the way it was already written".
Brief discussion ensued regarding this Item; appointment terms; and advertising.
Commissioner Martinez asked Attorney Garganese if this could be added to the next
Commission Meeting Agenda. Manager McLemore stated, "At the next Commission
Meeting you could request it, and then it'll be brought back at the following one".
VI. REGULAR
A. Public Works Department
Providing Cost Estimates For The Relocation Of George Street To Accommodate
The Parking Needs For The Residents.
Mr. Kipton D, Lockcuff, P.E, Public WorkslUtility Department Director discussed with
the Commission various options; recommendations; and liability.
Tape I/Side B
Discussion ensued on the original suggestion from the Police Department; the proposed
options; parking concerns; what the recommendations of Staff are; and related costs.
The consensus of the Commission was to eliminate options one (1) and two (2).
Discussion followed regarding option three (3); materials used to stabilize the: parking
area; and the size for such an area,
Deputy Mayor Gennellsaid, "Is it the desire of the Commission to have the City Manager
come back with a cost estimate to put a very firm stabilization (i.e. asphalt) over there,
the normal parking width which is approximately ten (10) feet, and some hedges" - "to
define the parking area, and restrict parking then to that side of the road or in people's
driveway"? Discussion ensued on the actual size needed for parking, and members of the
Commission suggested that a cost estimate be brought back for both an area nine (9) and
ten (10) feet wide.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 9 of 17
B. Parks And Recreation Department
Wishes To Inform The Commission Of The "Wetlands Jurisdictional Line" On The
Police Station Property, Sketch Of Possible Sports Field Activities And
Recommendation Of Starmer-Ranaldi Planning And Architecture, Inc.
A map was shown of the area, and discussion ensued regarding a possible expansion; the
wetlands; mitigation; the size of the two (2) parcels on State Road 419; related costs;
possible alternatives; acquiring the Parker property; other possible alternatives; and
possibly holding a Workshop.
Commissioner David W McLeod arrived at 7:58 p.m.
Deputy Mayor Gennell stated, "I would entertain a Motion to have the City Manager and
Staff investigate this more thoroughly, and bring back some more information at a future
workshop, Do I have a Motion"?
COMMISSIONER MILLER SAID, "YES, I WOULD SUPPORT THAT MOTION
WITH THE PROVISO THAT HE COME BACK WITH SOME MITIGATION
COSTS". MOTION BY COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
Further discussion continued regarding mitigation, and preserving the wetlands.
Deputy Mayor Gennell asked, "Is there a Motion for a Workshop on this piece of
property - to discuss it at greater length, with the City Manager and the Staff'.
"I WOULD SO MOVE". MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED
REGARDING WHAT COSTS HAVE ALREADY BEEN SPENT ON THIS PLAN;
A WORKSHOP; LAND AVAILABLE TO BE DEVELOPED; ACTIVITIES AT
AREA PARKS; AND POLICIES FOR THE PARKS.
DEPUTY MAYOR GENNELL CLARIFIED, "THE MOTION IS TO SCHEDULE
A WORKSHOP TO DISCUSS THE USE OF CITY LANDS, AND THE FUTURE
USE FOR PARK AND RECREATION AREAS".
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
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The Commission discussed possible dates for the Workshop, and the consensus of the
Commission was to hold a Workshop on March 20th, 2000.
C. Parks And Recreation Department
Requests The Commission Deny Safehouse Of Seminole's Request To Waive All
Fees For Soccer Field Use On Friday, Saturday, And Sunday, June 1-3, 2000, By
Safehouse Of Seminole County To Conduct A Fundraising Soccer Tournament.
Mr. Chuck Pula, Parks and Recreation Director introduced this Agenda Item, and spoke
of the use of Central Winds Park; soccer; and fundraising events.
Ms. Michele Hickey, Executive Director of Safehouse of Seminole: addressed the
proposed fundraising soccer tournament.
The Commission, Manager McLemore and Mr. Pula discussed use of the facilities by
other non-profit organizations; Safehouse of Seminole being a "charitable" organization;
rental of the fields; costs; maintenance; rental rates; were fees waived at a previous date
for the Rotary organization; policy decisions; and fee schedules.
"I WANT TO MAKE A MOTION TO APPROVE THIS REQUEST ON A ONE
TIME BASIS". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Manager McLemore asked for direction for future requests, Attorney Garganese
suggested that "If there is going to be this policy of the Commission to grant waivers to
these permit fees, I suggest that you put that in writing, and include that in your policy, so
that the next time somebody requests one, at least you have some set guidelines in which
to grant or deny".
Deputy Mayor Gennell then advised Attorney Garganese, "I suggest you draft something
and bring it back to the Commission, and they can fine tune it, or pass it, or turn it down".
Commissioner McLeod asked if Deputy Mayor Gennell was involved with the Safehouse
of Seminole organization. Deputy Mayor Gennell said, "No" - she is not involved with
the organization.
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Commissioner McLeod suggested either a Workshop or an Agenda ltem regarding a
"policy", and to put this "in writing". Discussion.
Tape 2/Side A
Deputy Mayor Gennell called a recess at 8:40 p.m,
The meeting was called back to order at 8:55 p.m.
D. Parks And Recreation Department
Requests The City Commission To Award The Central Winds Park Concession
Operation To Fred's Franks At The Base Bid Or Alternate Bid Option, Whichever
The Commission Deems Most Appropriate.
Mr. Pula addressed the Commission regarding this Agenda Item.
Commissioner Blake returned to the Commission Chambers at 8:57 p.m.
Manager McLemore returned to the Commission Chambers at 8:57 p,m,
Discussion ensued on industry standards; profits; and prices.
Ms. Marsha Manara, 1118 Seafarer Lane, Winter Springs, Florida: spoke of pricing;
and their use of Boar's Head products.
The Commission discussed expenses; projected earnings; concession staffing; food
service; inventory problems; previous losses; industry standards; staffing; operations
management; differences in prices; quality of products; product comparisons; and
business operations.
COMMISSIONER BLAKE STATED, "I THINK THE RIGHT THING TO DO
HERE IS TO AWARD THEM THE CONTRACT AND TO DO IT, KEEP THE
PRICES THE SAME. WE'VE RUN ALL OF OUR OTHER OPERATIONS ,AT A
REVENUE NEUTRAL BASIS, OR ATTEMPTED TO. THE CITY'S POSITION, I
THINK, IN THE PAST HAS BEEN NOT TO CHARGE PRICES TO ATTEMPT
TO MAKE MONEY OFF OF PEOPLE. ALL WE TRY TO DO IS TO BREAK
EVEN AND COVER OUR COSTS, AND I THINK THE BASE BID, A TEN
PERCENT (10%) RETURN TO THE CITY IS THE WAY TO GO".
COMMISSIONER BLAKE ADDED, "THAT'S THE MOTION I WOULD
MAKE". MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD.
DISCUSSION ENSUED REGARDING PRESENT INVENTORY; AND
BACKGROUND CHECKS. COMMISSIONER McLEOD SUGGESTED THAT
AN IDENTIFICATION BADGE WITH A PICTURE AND NAME BE
CITY OF WINTER SPRlNGS
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REQUIRED. FURTHER DISCUSSION INCLUDED USING UNIFORMS WITH
A NAME; PRODUCT QUALITY; THE SEVEN-YEAR OLD PRICE
STRUCTURE; A CONTRACT WITH "COCA-COLA" INVOLVING THE USE
OF (COCA-COLA) CUPS; A TEN PERCENT (10%) GAIN; BID PACKAGE
SPECIFICATIONS; THE BID PROCESS; AND COSTS OF BEVERAGES.
COMMISSIONER McLEOD STATED, "MY SUGGESTION HERE WOULD BE
THAT THE MOTION THEN BE CHANGED - THAT ALL OF THEIR ITEMS
BE HELD AT PRESENT COST, AND THAT THE SOFT DRINKS - A SIXTEEN
(16) OUNCE BE BROUGHT TO THE $1.50, AND THE TWELVE (12) OUNCE
TO A $1.25; AND GO FORWARD WITH YOUR CONTRACT".
COMMISSIONER BLAKE STATED, "I WOULD LIKE TO MAKE AN
AMENDED MOTION TO DIRECT THE CITY MANAGER TO SIT DOWN
WITH THE BIDDER AND TO WORK OUT THE DETAILS OF THE
AGREEMENT, THE GOAL BEING PRICES REMAINING AT A PARITY OF
WHERE THEY ARE NOW, WITH THE EXCEPTION OF THE COKE ISSUE,
AND WITH THE ALLOWANCE OF THEM BRINGING IN ADDITIONAL
PRODUCTS, AS LONG AS THEY MAINTAIN THE CORE BASIC MIX THAT
WE CURRENTLY HAVE - WOULD BE MY AMENDMENT". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE (ON THE AMENDMENT):
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
VOTE (ON THE MAIN MOTION):
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Deputy Mayor Gennell asked to see a copy of the "Coca-Cola" contract.
E. City Manager
Requesting That The City Commission Of The City Of Winter Springs Consider
Endorsing The Recent Recommendation Of City Of Oviedo Council Member, The
Honorable Thomas Hagood, Who Was Recently Renominated To The Seminole
County Expressway Authority (SCEA), By The Members Of The Council Of Local
Governments In Seminole County (CALNO).
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The Commission briefly discussed this appointment.
"I MAKE A MOTION TO APPROVE IT". MOTION BY COMMISSIONER
MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
F. City Manager
Is Asking That The City Commission Of The City Of Winter Springs Consider The
Request To Officially "Formalize" The Appointment Of Mr. Bob Lochrane To The
Citizens' Advisory Committee (CAC) Of The Metroplan Orlando Organization.
Deputy Mayor Gennell asked if anyone knew Mr. Lochrane, or could offer information
about his appointment.
"I'LL MAKE A MOTION TO OFFICIALLY APPOINT MR. LOCHRANE TO
THE CITIZENS' ADVISORY COMMITTEE (CAC)". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
The City Clerk advised the Commission of Mr. Lochrane's background.
Tape 2/Side B
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
G. City Manager
Requesting That The City Commission Of The City Of Winter Springs Re"iew The
Attached Resolution Number 2000-01 Which Establishes A Written And Official
Public Records Policy For The City Of Winter Springs, In Accordance With Florida
Statutes.
Members of the Commission discussed compliance with Florida Statutes; extensive
requests for Public Records; and that the Policy should be available in the lobby at City
Hall.
"I'D LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2000-
01, RESOLUTION RELATING TO THE ESTABLISHMENT OF PUBLIC
RECORDS POLICY FOR THE CITY OF WINTER SPRINGS". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
~ "~
CITY OF WINTER SPRINGS
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
ADD-ON
H. City Manager
Requests The Commission To Approve Reinstatement Of 444 Hours Of Sick Leave
For Don LeBlanc Subject To One Year Extension Of Employment.
Manager McLemore briefly addressed this Agenda Item,
"I MAKE A MOTION 'WE APPROVE ITEM "H". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD:
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
The Commission briefly discussed Agenda Items on tonight's Agenda.
VII. REPORTS
A. City Attorney - Anthony Garganese, Esquire
, .
Attorney Garganese spoke of the status of the Bond Validation Hearing, and that "The
Intervention was granted for Mr. Lein and Mr. Lenzeni to participate in the Bond
Validation Hearing".
Attorney Garganese then advised the Commission that two (2) petitions that were filed
(with respect to the last Comprehensive Plan Amendment for the 434 Corridor) have
been dismissed by the Department of Community Affairs (DCA).
B. City Manager - Ronald W. McLemore
Manager McLemore brought up the upcoming Florida Arbor Day Ceremony.
CITY OF WINTER SPRINGS
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Page 15 of 17
Ms. Jimette Cook, Code Enforcement Inspector advised the Commission that this
ceremony will be held on Friday, January 21, 2000, at 10:00 a,m., at Central Winds Park.
(The actual location will be the first parking lot, after entering the park).
This will be a cooperative effort involving the Code Enforcement Department and the
Parks and Recreation Department.
Ms. Cook extended an invitation to the Commission and said that the public will be
invited. Planting demonstrations will be held dealing with irrigation, and proper planting
and pruning techniques.
C. City Clerk - Andrea Lorenzo-Luaces
No Report.
D. Commission Seat II - Michael S. Blake
No Report.
E. Commission Seat III - Edward Martinez, Jr.
COMMISSIONER MARTINEZ STATED, "I HAVE A PERSON THAT I WANT
TO NOMINATE THIS EVENING. HIS NAME IS VINCENT GIANONI".
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McLEOD.
DISCUSSION REGARDING THE TERM OF APPOINTMENT.
COMMISSIONER MARTINEZ STATED, "I AM ENTITLED TO AN
APPOINTMENT AT THIS TIME, BECAUSE THE TERM FOR THE FORMER
MEMBER EXPIRING - HE RESIGNED, SO I AM NAMING THIS PERSON AS
HIS REPLACEMENT".
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Commissioner Martinez asked about the letter that was to be written to the residents of
Winter Springs, and whether the City Manager could be directed to send the letter.
Discussion.
"I MAKE A MOTION THAT WE DIRECT THE MANAGER TO RESPOND TO
THIS LETTER, AS WE DIRECTED THEM TO - AT THE LAST COMMISSION
., ".
CITY OF WINTER SPRINGS
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Page 16 of 17
MEETING". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION ON THE LETTER IN QUESTION;
THE MAYOR'S ABSENCE FROM THIS EVENING'S MEETING; AND WILL
THIS RESPONSE CONFLICT WITH THE BOND V ALIDA TION HEARING.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Commissioner Martinez then addressed a letter from a resident at 1070 Talmo Street.
Commissioner Martinez gave the letter to Manager McLemore, and asked that a member
of Staff contact Gary Parker.
The Commission and Manager McLemore spoke of the Commission's previous direction;
and a $5,000.00 fine,
Manager McLemore said that he will call the resident; and he will also check on the
status of the $5,000.00 dollar fine, and to see whether the monies could be used to
possibly extend a brick wall or enhance this area.
Commissioner Martinez spoke of seven (7) letters he had received from residents,
regarding the Tuscawilla Lighting and Beautification Assessment District, and handed
them to Attorney Garganese, for documentation use with the referenced lawsuit.
Commissioner Martinez read one of the letters,
Commission Seat IV - Cindy Gennell
No report; however Deputy Mayor Gennell did thank members of the Commission for
their "indulgence" and assistance at tonight's meeting.
Commission Seat V - David W. McLeod
Commissioner McLeod apologized for his absence from the beginning of this meeting,
and then read a letter into the record (Attachment "A") regarding the Mikes lawsuit.
Commissioner McLeod asked Attorney Garganese if was aware of such a lawsuit, and
then asked whether the Commission also viewed this as a personal issue.
"I'D LIKE TO MAKE A MOTION THAT THE CITY MANAGER INFORM THE
LEAGUE OF CITIES THAT MR. PARTYKA HAS BEEN - HAS PRESENTED A
LAWSUIT TO MR. MIKES, AND THAT THIS CITY COMMISSION DOES
.~. ..
CITY OF WINTER SPRINGS
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Page 17 of 17
UNDERST AND THAT IT IS A PERSONAL LAWSUIT, BETWEEN MR. MIKES
AND MR. PARTYKA, AND HAS NO WAY DOES IT INVOLVE THE CITY AND
THEREFORE THE COMMISSION IS INFORMING THEM THAT WE ARE
NOT WILLING TO SUPPORT FUNDING OF THAT LAW SUIT". MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER.
DISCUSSION ENSUED ABOUT BEING CAUTIOUS UNTIL WE RECEIVE
MORE INFORMATION PERTAINING TO THIS LAWSUIT. ATTORNEY
GARGANESE STATED, "GIVE ME AN OPPORTUNITY TO REVIEW THE
LA WSUIT, AND DISCUSS IT WITH THE CITY MANAGER BEFORE YOU
TAKE SOME FORMAL ACTION".
COMMISSIONER MILLER AMENDED THE MOTION AND STATED, "THAT
THE ATTORNEY FORWARD THE LETTER AFTER HE'S SEEN THE SUIT
AND IT APPEARS TO HIM THAT IT IS A PERSONAL ISSUE BETWEEN THE
MAYOR AND MR. MIKES".
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
H. Commission Seat I - Robert S. Miller
No Report,
I. Office of the Mayor - Paul P. Partyka
Absent.
VIII. ADJOURNMENT
Deputy Mayor Gennell adjourned the meeting at 10:52 P.M,
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
NOTE: These minutes were approved at the January 24, 2000 City Commission Meeting.
. Ol'i'l.(t-tOO MUf'I 17: 02 FAX ,107 679 5655
A1R-PAli.
\4]001
ATTACHMENT "A"
CITY OF WINTER SPRINGS, FLORIOA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32'108-2'199
Telephono (407) 327-1600
January 6, 2000
SUBJECT
Mayor Paul Partyka
Commissioner Robert Miller
Commissioner Michael Blake
Commissioner Edward Martinez, Jr.
Deputy Mayor Cindy GennelL
City Manager Ronald McLemore
City Attorney Anthony Garganese, Es~~ j
Commissioner David W. McLeod ~. ( 1
----
Legal Defense Expenditure
TO:
FROM:
In my absence, I would like to have this memorandum read into the record on my
behalf by the Mayor, or by the Deputy Mayor should the Mayor not wish to do so.
1 understand that Mr, Mikes has filed a law suit against Mr, Partyka. This lawsuit
is personal in nature, and is in no way related to Mr. Partyka's responsibilities in carryi.ng
out city business.
Therefore, as I have stated before, I do not believe that any legal expenses
encountered by Mr, Partyka should be funded by the citizens of Winter Springs, Florida
or the League of City's Insurance, I further believe that this Commission should take a
stand at this time, and direct the City Manager to inform the League of City's that tllis
commission does not condone a legal defense expenditure for Mr. Partyka on this matter.
JAN-10-2000 16:06
407 67'3 5655
'36%
P.Ol