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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 ./ CfHttl.A t..- 5;~i//CpS JJIi( / PJ!1<5 ~1v'1V~ l- /p~/Vj~l3tA~V 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. l ~~TE:~ ~''\ a.i- _.-. . .~\ ,)..i ":"":':""",' '_, 5: (-~;~~~ ~ . "..IIX'Ol'T''''T".ltr\I'\ , . '. ~"', 14~~ l u '-<:-ZoRi"of>- 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. ~. 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 , . -21- 1"- . \ "t 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. ':. ~ ; .. '; 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. '~. . ", , 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. '.' . 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 " ' 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. ... . ~ 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 Page 10 of 17 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. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 Page I I of 17 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 MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 Page 12 of 17 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). CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 Page 13 of 17 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 MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10.2000 Page 14 of 17 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 MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 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 MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 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 MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2000 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