HomeMy WebLinkAbout090886-Regular SessionOO4
MINUTE S
City Commission, Sanford, Florida
September 8,
19 86
The City Commission of the City of Sanford, Florida, met in Regular Session in
the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 8, 1986.
Present:
Mayor-Commissioner Bettye D. Smith
Commissioner John Y. Mercer
Commissioner Milton E. Smith
Commissioner David T. Farr
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.
A Public Hearing was held in accordance with Notice published in the Evening
Herald on August 22, 1986, as follows:
NOTICE OF A PUBLIC HEARING FOR THE PROPOSED
ANNUAL BUDGET AND CAPITAL PROGRAM
FOR THE CITY OF SANFORD, FLORIDA.
Notice is hereby given that a Public Hearing will be held at the
Commission Room in the City Hall in the City of Sanford, Florida,
at 7:00 o'clock P. M. on September 8, 1986, to consider the
the Annual Budget for the fiscal year of October 1, 1986 to
September 30, 1987, and a Capital Program.
A copy of said budget and capital program shall be available at
the Office of the City Clerk for all persons desiring to examine
the same.
Ail parties in interest and citizens shall have an opportunity to
be heard at said hearing.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk of the
City of Sanford, Florida
Publish: August 22, 1986.
.The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed Budget and Capital Program.
Jerry Sullivan, owner and operator of two Famous Recipe Stores, appeared to report
an increase in property values, which increased his taxes.
The Commission explained the County Property Appraiser sets the property values
and that the City had reduced the city millage nearly 5% to the roll back rate.
Commissioner Mercer moved to approve the tentative budget. Seconded by
Commissioner Smith and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The Chairman announced that the proposed millage of 4.1648 does not exceed the
roll back millage.
On motion of Commissioner Mercer, seconded by Commissioner Smith and carried by
the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Yea
Yea
Yea
MINUTE S 0 0 5
City CommiSsion, Sanford, Florida
September 8,
19 86
Commissioner Thomas
Mayor Smith
Yea
Yea
Ordinance No. 1836, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
MAKING APPROPRIATIONS FOR THE CITY OF
SANFORD, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1986, AND ENDING
SEPTEMBER 30, 1987; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Commissioner Smith moved to approve the transfer from the 1986-87 Contingency Fund
to provide for 1986-87 Budget amendments as follows:
$20,000 for Federation of Senior Citizens of Seminole County's purchase of a
transport van.
$54,000 for additional manpower in the Police Department.
Seconded by Commissioner Mercer and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Fart
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
John Kane, representing the Federation of Senior Citizens of Seminole County,
appeared to extend appreciation to the Commission.
The City Manager submitted memorandum as follows:
MEMORANDUM
September 5, 1986
TO-
MAYOR AND CITY COMMISSION
FROM:
CITY MANAGER
SUBJECT: SOFTWARE FOR FINANCIAL ACCOUNTING, PAYROLL AND PERSONNEL
The attached contracts are the result of eight months of review of existing
software and research into available replacement software for use with the
City's computer. As the "choices" were limited to three vendors, sole
source purchase was determined to be our best option.
These contacts include all necessary financial software for the purpose of
both "locking in" today's prices and the 20% multipackage discount. The
attached contract addendum includes "opt-out clauses", thus enabling the
City to end the contract if not satisfied with each software module as it
is installed.
Implementation, if approved, is expected to take approximately one to two
years, beginning immediately, starting with payroll. Planning with the
vendor for implementation must begin immediately in order to meet the
January, 1987, goal for installation of a new payroll system.
Although budgeted for FY 1986-87, in order for us to begin immediately, a
down payment of $43,320 is required from the current budget. This payment
may be made from available funds in the Cultural Arts CIP fund and
reimbursed from the Data Processing CIP fund October 1.
RECOMMENDATION: Recommend that the City Commission approve signing of
software contracts with Lawson Associates, Inc., and authorize payment of
$43,320 down payment from current budget.
Commissioner Mercer moved to authorize the Mayor to execute said contract with
Lawson Associates, Inc., of Minneapolis, Minnesota, and payment in the amount of $43,320 for
down payment. Seconded by Commissioner Smith and carried by the vote of the Commission as
follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
006
MINUTES
City Commission, Sanford, Florida
September 8,
19 86
Commissioner Fart moved to authorize the Mayor, City Attorney, Director of Finance
and City Clerk, and representatives from Coopers and Lybrand access to Safe Deposit Box 177
in the First Union Bank of Seminole to perform the annual audit. 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
Yea
Yea
Yea
The Mayor submitted a letter from A. K. Shoemaker, Jr., Chairman of the Sanford
Airport Authority, reporting the terms of Joe B. Baker and Dr. R. M. Rosemond expire
September 30, 1986, and recommending the re-appointment of both board members for another
four year term.
After discussion, Commissioner Farr moved to authorize letters of appreciation to
Mr. Baker and Dr. Rosemond, directed the City Attorney to prepare resolutions commendinG the
service of Mr. Baker and Dr. ROsemond, and to appoint Don KniGht and Shirley Schilke to the
Seconded by Commissioner Thomas and carried by the vote of the
Sanford Airport Authority.
Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Fart
Commissioner Thomas
Mayor Smith
Abstained
Naye
Yea
Yea
Yea
Commissioner Mercer stated he would abstain from the vote, because he is, also, a member of
the Sanford Airport Authority.
The City ManaGer submitted memorandum as follows:
MEMORANDUM
AuGust 21, 1986
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
RE: MEMBERSHIP - SCENIC IMPROVEMENT BOARD
Request that the City Code, Article VII. Scenic Improvement Board, be
amended by the deletion of "Director of Parks and Recreation" and the
addition of "an ex-officio member appointed by the City ManaGer".
The Scenic Improvement activities are performed by the Grounds
Maintenance Division, which is part of the Public Works Department.
A copy of City Code Article VII is attached.
After discussion, Commissioner Mercer moved to amend the City Code as recommended.
Seconded by Commissioner Smith and carried by the vote of the Commission as follows:
Commissioner Mercer
CommisSioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Farr moved to authorize payment of statement from Conklin, Porter and
Holmes for services from June 28, 1986 through July 25, 1986 in the amount of $7,283.46,
reGardinG City of Sanford Alternate Site Studies, CPH Project No. S0602.18. Seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Mercer Yea
Commissioner Smith Yea
L
FORM 4
LAST NAME--FIRST NAME--MIDDLE NAME
MAILING ADDRESS
900 Palmetto Avenue
MEMORANDUM OF VOTING CONFLICT
Sanford Seminole
DATE ON WHICH VOTE OCCURRED
September 8, 1986
NAM£ OF eOARD. COUNClU COMMISSION. AUTHORITY. oR COMMITTEE
City Commission
THE IOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH i SERVE IS A UNIT OF:
~ CITY D COUNTY D OTHER LOCAL AGENCY D STATE
NAME OF POLITICAL SUBDIVISIOM OR STATE AGENCY
City of Sanford, Florida
City Commission
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 ~nd 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 the requirements for state officers, this form is divided
into two parts: PART A is for use 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 asto when and where this form must be t'fled.
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 iocalpublic 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 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose thc conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly thc nature of his interest in the matter on which he is
abstaining from voting; and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners ora Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. ! 984), or officers of independent special tax di.stricts elected on a one-acre, one-vote basis are not prohibited from
voting. In such eases, however, the oral and written disclosure of thi~ part must be made.
l, the undersigned loeal public officer, hereby disclose tbat on September 8, . ,19 86 :
(a) I abstained from voting on a matter which (check one):
.. x inured to my special private gain; or
inurcd to the special gain of -
· by whom I am retained.
CE FORM 4 - REV. ~1 PAGE
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
I am, also, a 'member of the Sanford Airport Authority.
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 112.3143(2), Florida Statutes (Sump. 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 principa! by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within I $ days after the vote occurs.
!, 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 ! am retained.
(b) The measure on which ! voted 'and thc ftature of my interest in the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to f'fle this form.
PART C
FILING INSTRUCTION8
This memorandum must be filed within fifteen (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 filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTESe ! 12.317(PJ~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
007
September 8,
Commissioner Fart
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
On motion of Commissioner Thomas, seconded bY Commissioner Farr and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Fart
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1832, 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 WEST OF ORLANDO
DRIVE (U. S. HIGHWAY 17 & 92) AND LYING SOUTH
OF AIRPORT BOULEVARD AND LYING EAST OF LIVE
OAK BOULEVARD AND CLEAR LAKE CIRCLE FROM MR-1
(MULTIPLE-FAMILY RESIDENTIAL DWELLING)
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Mercer, seconded by Commissioner Farr and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Fart
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1833, 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 AT THE SOUTHWEST
CORNER OF THE INTERSECTION OF U. S. HIGHWAY
17 & 92 AND LAKE MINNIE DRIVE FROM MR-1
(MULTIPLE-FAMILY RESIDENTIAL DWELLING)
DISTRICT TO MR-2 (MULTIPLE-FAMILY RESIDENTIAL
DWELLING) DISTIRCT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Farr, seconded by Commissioner Smith and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1834, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX WITHIN THE CORPORATE AREA OF THE
CITY OF SANFORD, FLORIDA, UPON ADOPTION OF
SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN SEABOARD COASTLINE
RAILROAD RIGHT-OF-WAY AND DIXIE WAY AND
BETWEEN McCRACKEN ROAD AND BLAINE STREET;
SAID PROPERTY BEING SITUATED IN SEMINOLE
COUNTY, FLORIDA, IN ACCORDANCE WITH THE
VOLUNTARY ANNEXATION PROVISIONS OF SECTION
171.044, FLORIDA STATUTUES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
19 86
008 MINUTES
City Commission, Sanford, Florida
$~ptember 8: 19 86
On motion of Commissioner Farr, seconded by Commissioner Thomas and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1835, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RESCINDING ORDINANCE NO. 1779, AND ADOPTING A
SALARY CLASSIFICATION PLAN EFFECTIVE OCTOBER
1, 1986; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Smith, seconded by Commissioner Mercer and carried by
the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Abstained
Yea
Ordinance No. 1837, 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 McCRACKEN
ROAD AND TUSKEGEE STREET EXTENDED EASTERLY
AND 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;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading. Commissioner Thomas reported he would be filing
a conflict of interest because he was employed with the School Board of Seminole County, the
owners of the property.
On motion of Commissioner Fart, seconded by Commissioner Smith and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1838, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1689 OF THE CITY OF
SANFORD, FLORIDA, BY AMENDING THE DEFINITIONS
OF "AVERAGE MONTHLY EARNINGS" "ACCUMULATED
CONTRIBUTIONS" AND "EFFECTIVE DATE";
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
Dave McIntosh, Sanford Jaycees, appeared to request the Commission to help in the
development of the leadership of the young people in the community by encouraging the
membership of the City's young people in his association.
Commissioner Farr moved to approve Vouchers for the Month of August, 1986, as
follows:
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME--fiRST NAME--MIDDLE NAME
MAILING ADDRESS
129 Bethune Circle
Sanford Seminole
DATE ON WHICH VOTE OCCURRED
September '8, 1986
NAMEOF~ARD. COUNCI~COMMISSION. A~HORITY, ORCOMMITTEE
City Commission
THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
;~3 CITY (3 COUNTY f't OTH ER LOCAL AGENCY D STATE
NAME OF POLITICAL SUBDIVISIO.'q. OR STATE 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~and 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 the 'requirements for state officers, this form is divided
into two parts: PART A is for use 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 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a)
#
(b)
PRIOR TO THE 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
WITHIN 15 DAYS AFTER TH E VOTE OCCURS by describing thc 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 ! 63.356 or Section ! 63.357,
Florida Statutes (Supp. 1984), or officers of independent special tax di.stricts elected on a one-acre, one-vote basis are not prohibited from
voting, in such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on September 8, ., 19 86 .:
(a) ! abstained from voting on a matter which (check one):
inured to my special private pin; or
x inured to the specialgain of S~hool Board of Seminole County , 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.
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICER$
[Required by Section 112.3143(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 I voted 'and the nature of my interest in the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTION8
This memorandum must be filed within itt'teen (15) days following the meeting during which the voting conflict OCcurred with the person
responsible for recording the minutes of the meeting, who shah incorporate the memorandum in the meeting minutes. This form need not
be fried merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES [ I ! 2.31 ? (19~3}, A FA] LURE TO MAKE ANY REQUIRED DISCLOSU RE CONSTITUTES GROUNDS FOR AND M AY
EE PUNISHED aY 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 $$,000.
MINUTES
City Commission, Sanford, Florida
0O9
Sept_emb~r~8,
1986
Vouchers for the Month of August, 1986
General Fund, Sun Bank, N.A., Voucher No. 214 thru 221.
Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 147 thru 151.
Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 168 thru 173.
Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 662.
Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 481.
Central Paying Account, Sun Bank, N.A., Voucher No. 11462 thru 11960.
Utility Trust Fund, Sun Bank, N.A., Voucher No. 207 and 210.
Renewal and Replacement, Sun Bank, N.A., Voucher No. 278 and 279.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Mercer moved to approve Minutes of August 5, 18 (Special), 18
(Workshop), 25, and September 2, 1986. Seconded by Commissioner Smith and carried by the
vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Smith moved to authorize salary reclassifications as follows:
FROM
TO
William A. Simmons
B. Kim Smith
Engineering Dept., Dir. of
Engineering and Planning
~Administrative Services Dept.,
Dir. of Adm. Serv.
D
$39,070.61
B
$34,029.24
E
$41,591.27
C
$36,549.92
Ronald M. Neel
~Fire Department
Assistant Chief
D
$32,768.89
E
$35,289.57
Booker T. King
Public Works Dept., Street
Div., Maintenance Worker I
D
$12,512.35
E
$13,306.37
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
On motion of Commissioner Smith, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Resolution No. 1459 was passed and adopted. Said resolution being in words and figures as
follows:
RESOLUTION NO. 1459
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING THE SONG ENTITLED "SANFORD ON
THE LAKE" WRITTEN BY ROBERT CARNIE AS THE
OFFICIAL THEME SONG OF THE CITY.
WHEREAS, the City of Sanford, Florida does not have an
01 0 MINUTES
City Commission, Sanford, Florida
SeDtember 8,
19 86
official theme song; and
WHEREAS, Robert
composed
ago; and
Sanford
years; and
Carnie, a longtime City businessman,
a song entitled "Sanford On The Lake" more than two decades
WHEREAS, "Sanford On The Lake" was performed by the
Male Chorus under the direction of Robert Carnie for many
Club Chorus
Magnolia Mall Clock on First Street; and
WHEREAS, the City Commission desires to
"Sanford On The Lake" as the official theme song of the City.
WHEREAS, it has been performed by the Sanford Woman's
on various occasions including the dedication of the
establish
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
SECTION 1: "Sanford On The Lake" written by Robert
Carnie is hereby declared to be the Official Theme Song of the City of
Sanford, Florida.
SECTION 2: That this Resolution be recorded in the
official minutes of the City of Sanford, Florida, and that a copy be
presented to the Sanford Woman's Club Chorus in grateful appreciation
of their public performances of this fine song.
SECTION 3: That this resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 8th day of September, A.D. 1986.
Request submitted from New Tribes Mission for approval to place landscaping in
City right-of-way adjacent to their property on First Street between Lee Avenue and San
Carlos Avenue, continuing a buffer of existing shubbery.
Commissioner Farr moved approve same. Seconded by Commissioner Smith and carried
by the vote of the Commission as follows:
Commissioner Mercer Yea
Commissioner Smith Yea
Commissioner Fart Yea
Commissioner Thomas Yea
Mayor Smith Yea
The City Attorney submitted letter as follows:
MINUTES Oil
City Commission, Sanford, Florida
September 8,
1986
Stenstrom, Mclntosh, Julian, Colbert S Whigham, F.
tttorneys and Counsellors at Law
Douglas Stenstrom Kenneth W. Mclntosh Ned N. Julian,.lr.
Wilham L. Colbert Prank C. Whigham Clayton D. Simmons
Thomas E.Whigham Robert K, M¢Intosh
Suite 22 Sum Bank
lost Office Box 1330 _Sanford, rlorida 32772-1330 (305) 322-2171
September 8, 1986
Mayor and City Commissioners
City of Sanford, Florida
Sanford City Hall
Sanford, Florida 3277-1
Dear Mayor Smith and Commissioners:
We.have now received all of the bills for the attorneys'- fees and court
costs from Mr. Marsee and Mr.. Stanton representing Seminoi{County and
Mr. Spoonhour and Mr. Cleveland representing Nicholas Pope, et al in
the Yankee Lake condemnation matter.
As I indicated, in a condemnation .case the condemning authority is
r.equired by law to pay "all reasonable costs of the proceedings in the
circuit court, including a reasonable attorney's fee to be assessed by
that court."'(F.S. 73.O91)
I have reviewed the affidavits of attorney's fees and court costs
submitted by each attorney. A summary of the amounts submitted and my
recommendation is as follows:
PARTY SUBMITTED DISAPPROVE APPROVE
Seminole Co. Mr. Marsee
Mr. Stanton
$18,361.22 $1,339.00
$17,642.11 -0-
$17,022.22
$17,642.1-1
Nicholas Pope,
et al
Mr. Spoonhour
Mr. Cleveland
$60,912.15
$15,407.17
$31,621.20
--0--
$29,290.95
$15,407.17
I recommend that the City authorize the payment of attorney's fees and
court costs in the amounts shown above for the following reasons:
1) Florida Statute 73.091 provides for the condemning
authority to pay all reasonable costs and a reasonable
attorney's fee;
2. Based on my review of the affidavits, my knowledg~ of the
case, and my experience before the court, the amounts"
r. ecommended'above are, in my opinion, reasonable as that term is
us&d in the law;
-3.- Agreement will eliminate the need for a hearing befor'e th'e
court and the need for Mr. Marsee, Mr-. Stanton, Mr. Spoonhour and-
Mr. Cleveland, together with their expert witnesses and the
City's- personnel, -attending d hearing in Melbourne for a court
hearing, all at City expense;
4. It will estab, lish the fees and costs in a definite amount and
not leave it open to a potential judicial award of a greater
amount.
If you have questions or wish to see the various affidavits I will be
happy to provide them. They are rather voluminous and I did not
receive the last one until Friday afternoon. I will have copies with
me tonight if you care to see them.
A decision needs, to be made at tonight's meeting. If an agreement
cannot be reached, we will appear before Judge Waddell at 10:30 a.m. on
Wednesday, September lOth to-argue the City's case. For the reasons
discussed above, I recommend that the matter be resolved by agreement.
Sincerely,
STENSTROM, McINTOSH, JULIAN,
William L. Colbert
WLC/lss
ox2 MINUTES
City Commission, Sanford, Florida
S~Dtembar~8:
19 86
Commissioner Mercer moved to authorize payment as recommended.
Commissioner Smith and carried by the vote of the Commission as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Seconded by
The City Attorney stated a positive outlook realized from the Yankee-Lake-
Condemnation-Suit, the City was able to resolve with DER (Department of Environmental
Regulation) a situation that had been ongoing for years before the present members of this
Commission, preservation of the approximately $8,000,000 grant, the bond market was better
in August, 1986 than last fall, saving the City $6,000,000 over the life of the bonds, and
the attitude of both Commissions (City of Sanford Commissioners and Commissioners of
Seminole County) of trying to work things out.
The City Manager reported having received a letter from DER approving the
extension of the TOP program, and the Planning Consultant contract will be on the next
regular meeting agenda.
There being no further business, the meeting was adjourned.
ATTEST:
MAYOR