HomeMy WebLinkAbout090286-Regular Session MINUTES
City Commission, Sanford, Florida
September 2,
001
19 86
The City Commission of the City of Sanford, Florida, met in Adjourned Regular
Session in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September
2, 1986.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner John Y. Mercer
Commissioner Milton E. Smith
Commissioner David T. Fart
Commissioner Bob Thomas
City Attorney William L. Colbert
City Manager Frank A. Faison
City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
The first item of business was the continuation of a Public Hearing from the
meeting of August 25, 1986, to consider rezoning a portion of that certain property lying
between McCracken Road and Tuskegee Street extended Easterly and between Seaboard Coastline
Railroad Right-of-Way and Jerry Avenue from MR-1 (Multiple-Family Residential Dwelling)
District and SR-1 (Single-Family Residential Dwelling) District to RI-1 (Restricted
Industrial) District.
Benny Arnold, representing the School Board of Seminole County, appeared to
report the School Board had declared this property as surplus property and wished to
rezone said property for purposes of selling.
Commissioner Thomas reported that he is an employee of said Board and he would be
filing a conflict of interest, however, the proposed rezoning would distort the neighborhood
of Academey Manor with additional RI-1 zoning on the North side of the property.
Mr. Arnold stated the School Board would put a reverter in the deed for the
abutting 160 feet of Lot 89, Smith Subdivision, which would limit the use of the property to
parking, water retention, or recretion with no building.
Commissioner Mercer moved to authorize the City Attorney to prepare the proper
ordinance to rezone the entire property to RI-1 (Restricted Industrial) District and accept
the School Board's offer of limiting the 160' buffer on Lot 89 to parking, water retention,
Seconded by Commissioner Fart and carried by the vote of the Commission as
and recreation.
follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Abstained
Yea
The next item of business was the continuation of a Public Hearing from meeting of
August 25, 1986, to consider the adoption of Ordinance No. 1826, to rezone a portion of that
certain property lying between Airport Boulevard and Interstate I-4 and between State Road
46 and Seaboard Coastline Railroad Right-of-Way from AD (Agricultural) District to RI-1
(Restricted Industrial) District.
Ordinance No. 1826, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1097 OF SAID CITY;
SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF A PORTION OF
THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT
BOULEVARD AND INTERSTATE I-4 AND BETWEEN
STATE ROAD 46 AND SEABOARD COASTLINE RAILROAD
RIGHT-OF-WAY FROM AD (AGRICULTURAL) DISTRICT
TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT;
002'
MINUTES
City Commission, Sanford, Florida
September 2,
19 86
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
introduced and placed on first readinG at meeting of AuGust 11, 1986 was next placed on
final readinG. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the proposed
adoption of Ordinance No. 1826. No one appeared.
Commissioner Mercer moved on the passage and adoption of Ordinance No. 1826.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Fart
Commissioner Thomas
Mayor Smith
Yea
Yea
Abstained
Yea
Yea
Commissioner Fart reported a conflict of interest because two of the owners were clients.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1826, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1097 OF SAID CITY;
SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF A PORTION OF
THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT
BOULEVARD AND INTERSTATE I-4 AND BETWEEN
STATE ROAD 46 AND SEABOARD COASTLINE RAILROAD
RIGHT-OF-WAY FROM AD (AGRICULTURAL) DISTRICT
TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
The Commission next considered the continuation of a conditional use from the
meeting of AuGust 25, 1986 for the sale of alcoholic beverages for consumption on the
premises for a SRX license at 3639-3641 Orlando Drive (Cap'n Nemos) in a GC-2 Zone.
Michael HerrinG, attorney, representinG the owners, appeared to report the City
ordinance was not in line with the Florida Statutes.
The City Attorney reported the current statutes of ordinances passed in 1982 was
at that time in accord with the Florida Statutes for a Class 3 Special license seating 200
and requirinG 60% of revenues from non-alcoholic sales, in 1985 the State lowered the
requirement to 50% of revenues from food and 150 capacity, therefore, the Cap'n Nemos
qualifies for a State License, and recommended the Commission comply with Florida Statutes.
Commissioner Farr moved to approve same.
carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Seconded by Commissioner Thomas and
Yea
Yea
Yea
Yea
Yea
Commissioner Mercer reported the Code Enforcement Board had canceled another
meetinG this date for lack of a quorum, stating this was the second time in two months, and
that the City looses creditability to enforce laws.
The Commission directed Staff to inform the Code Enforcement Board if the members
cannot serve or cannot attend the meetings, ask them to 'resiGn or they will be replaced.
Commissioner Farr reported the Rescue Mission on 13th Street has not been able to
start their buildinG because of the $15,000 needed for impact fees and requested the
Commission allow the Mission to work out a payment plan for same.
L
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST'NAME--FIRST NAME--MIDDLE NAME
Farr, David T.
MAlUNO ADDRE.~S
106 Larkwood Drive
San ford Seminole
DATE ON WHICH VOTE OCCURRED
September 2, 1986
NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
City, Commission
THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH i SERVE I$ A UNiT OF:
:~ CITY I~ COUNTY I~ OTHER LOCAL AGENCY D STATE
NAME OF POLITICAL $UBDIVISIO~ OR ~TATE AGENCY
City Commission.
City of Sanford, Florida
WHO MUST FILE FORM 4
This form. is for use by any person 'serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisorY ~nnd non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from thc requirements for state officers, this form is divided
into two parts: PART A is for usc by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be fried.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section ! 12,3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other localpublic officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section ! 12.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
(bi WITHIN ! 5 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section ! 63.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis arc not prohibited from
vOting. In such cases, however, the oral and written disclosure of thi~ part must be made.
I, thc undersigned local public officer, hereby disclose that on Se~)tember 2,
,19 86
(a) I abstained from voting on a matter which (check one):
inured to my special private gain; or
x inured to the special gain of . Benny and Louise Austin , by whom i am retained.
(b) Thc measure on which I abstained and the nature of my interest in the measure is as follows:
Rezoning of property in the City of Sanford, Florida
Date F'ded
Signature - I -
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICER8
[Required by Section i 12.3143(2), Florida Statutes'(Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on ,19 __.
(a) I voted on a matter which (check one):
inured to my special private gain; or
~ inured to the special gain of
· by whom I am retained.
(b) The measure on which ! voted 'and the aature of my interest in the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to ftie this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within ftfteen (15) days following the meeting during which the voting conflict o~curred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be f'tled merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (19~3). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT.
'DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CiViL PENALTY NOT TO EXCEED $5,000.
MINUTES
City Commission, Sanford, Florida
Septembe~r 2:
19 86_
After further discussion, Commission Fart moved to pay said fees from the General
Fund and grant the Rescue Mission two years to repay impact fees after initial $3,000 down
and upon filing a first lien on property. Seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Naye
Yea
Yea
Yea
Naye
Commissioner Farr reported an increase in crime in person and property directly
related to crack coccaine. The importation of this drugs into the City of Sanford indicates
the need for more manpower and reported the need for two extra men, as per information from
Chief Harriett and Captain Faggan, estimated cost of $54,000 for salaries, equipment and
benefits.
The Mayor encouraged education of drug awareness.
Commissioner Farr moved to direct the City Manager to research the 1986/87 Budget
for available funds without a tax increase. Seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Ye~
Yea
Yea
Yea
Yea
David Redwine, Sanford Auto Salvage, appeared to explain violation notices
received from the Code Enforcement Board regarding crushed junk cars at his business.
There being no further business, the meeting was adjourned.
ATTEST: