HomeMy WebLinkAbout122396 ws/rm min.MINUTES
City Commission, Sanford, Florida
Work Session
301
December 23 19.96
The City Commission of the City of Sanford, Florida, met in Work Session on Monday,
December 23, 1996, at 4:30 o'clock P.M. in the City Manager's Conference Room, City Hall, 300
North Park Avenue, Sanford, Florida.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner Lon K. Howell
Commissioner Kerry D. Lyons
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Dougherty
The Chairman called the Meeting to order.
Discussion of Ordinance No. 3323, regarding security regulations.
City Manager Simmons reported that his office has received no calls and the City
Clerk's office has received only a few calls regarding Ordinance No. 3323, and expressed his
concern about the lack of response from the public regarding this ordinance.
Wanda Kelly, Executive Director of the Greater SanfOrd Chamber of Commerce,
reported that her discussions with owners of bars and restaurants indicated that they didn't
think this ordinance would affect their businesses.
City Manager Simmons responded to comments that the ordinance would exclude
businesses having more than two employees by explaining that having more than two employees
is only one of eight items required by Ordinance No. 3323, which will apply to all businesses
operating between the hours of 10:00 P.M. and 5:00 A.M.
City Attorney Colbert reported that he has received no calls or questions regarding
the proposed ordinance, and explained that its application is broader than that of the
convenience store ordinance after which it is patterned. For example, convenience stores
typically own their own building and control their own parking lot. Some of the other
businesses to be affected by this ordinance may not own or control their parking lot, yet the
ordinance requires parking lot illumination. This may present issues later on if a landlord
is required to bring a parking lot up to the standards imposed by the proposed ordinance due
to the tenancy Of one affected business.
Police Chief Ralph Russell stated that he has a problem with requiring additional
businesses, who will be required by the adoption of this ordinance to install drop safes, to
post notice of said safe on premise; that he doesn't think the majority of restaurants and
gas stations have drop safes and advertising the presence of a safe on premise, at an
establishment which previously was not known to have a safe, may wave a flag of opportunity.
Following discussion regarding the enforceability of Ordinance No. 3323, City
Manager Simmons proposed a delayed implementation period of 30-60 days following adoption,
allowing time for the Police Department to visit businesses and inform them of the ordinance.
City Attorney Colbert suggested that implementation of the ordinance not be tied
to notification of particular businesses, and that the ordinance be made effective
immediately upon adoption with enforcement delayed to give business owners time to comply.
Following more discussion regarding the potential problems associated with
advertising a safe on premise, the need for further research conducted by the Police
Department, and the lack of response heretofore from the business community, the Commission
concurred to hold the Public Hearing at tonight's regular meeting as scheduled and continue
to the second regular meeting in January.
E405354
302
MINUTES
City Commission, Sanford, Florida
Work Session
December 23 1996
Discussion of Nuisance Abatement Boards/court rulings.
In response to an inquiry from Commissioner Eckstein. City Attorney Colbert
reported that a ruling by the St. Petersburg Nuisance Abatement Board has been taken to court
as inverse condemnation, and recommended that Sanford's Nuisance Abatement Board place
actions on hold until the court interprets and rules. Further, Attorney Judd Hedrick of the
City Attorney's office has advised the Nuisance Abatement Board of this case, and has
suggested that they operate as an enforcement board at this time.
Police Commander Dennis Whitmire, City Liaison to the Nuisance Abatement Board,
stated that in view of Mr. Hedrick's advisement, the Board had concurred to take no action
to close businesses, but encourage voluntary compliance.
Discussion of bids re: stadium grandstand demolition.
City Manager Simmons reported that the previous lowest bidder, D.H. Griffin
Wrecking Co., Inc., has withdrawn their bid, and recommended awarding the bid for stadium
grandstand demolition to the next lowest bidder, Indigo Industries, Inc. in the amount of
$49,895.00. Mike Kirby, Director of Parks and Recreation, reported that one of the first
events to be held in the refurbished stadium will be the Amateur Softball Association
Conference Men's Super Slow Pitch Tournament on August 14 - 17, 1997. According to Mr.
Kirby, this event will generate increased business for area hotels and restaurants, as well
as income through gate fees and concessions sales. Commissioner Eckstein emphasized that
this event will not only enhance the City's image but attract other tournaments.
Discussion re: lease option for communication tower site at Derby Park.
City Manager briefly reported on the status of the proposed Communications Tower
Lease with APT Tampa/Orlando, Inc., expressed his concern that the lease is still not in
acceptable form, and stated that there was no urgency to proceed until the first meeting in
January.
APT representative Steve Sheridan was present and stated that APT had no objection
to any of the City Attorney's recommendations.
Following discussion, City Manager Simmons announced that he would meet with Mr.
Sheridan prior to the 7:00 P. M. Regular Meeting, and would subsequently make recommendation
regarding said lease to the Commission at the 7:00 P. M. meeting.
Discussion re: outstanding economic development incentive proposals.
Charles Rowe, Director of Community Development, gave a brief status report on the
four development incentive proposals presented to the Commission to date: 1) Conveyor
Systems, which has been completed; 2) ArtCraft Industries; 3) Mobilite/Invacare and 4)
Florida Extruders. Mr. Rowe reported that his-department is awaiting response from ArtCraft
Industries regarding the last Commission action; that both Mobilite/Invacare and Florida
Extruders are currently reviewing documentation forwarded to them by his department; and
potentially, these will be submitted to the City Commission for ultimate action in January.
Further, that Universal Sales Agency, which purchased the former Harcar building, has
submitted an application; Hill Dermaceuticals has been given an application; and he
anticipates additional requests to result from expansion and development of the Airport.
F_,405354
MINUTES
City Commission, Sanford, Horida
Work Session
3.03
December 23 19 96
He then requested that at tonight's meeting the Commission authorize a grant
application for Economic Development Transportation Funds from FDOT in the amount of
$101,000.00 for the expansion of 5th Street near Jewett Lane in support of the Florida
Extruders project.
Discussion re: Amendments to various Agreements with Conklin~ Porter and Holmes.
City Manager Simmons referenced two amendments to agreements with Conklin, Porter
and Holmes: 1) Amendment No. 45 to Agreement dated December 7, 1983, for construction of
sewer rehabilitation and evaluation of Fort Mellon lift station; and 2) Amendment No. 24, to
Agreement dated December 17, 1987, for final design and construction plans for utility
relocation, projects associated with SR 417, Airport Boulevard widening and CR 46A widening.
The Commission had no questions or comments.
Discussion re: Joint Resolution in supDort of light rail within the CSX alignment.
The Commission briefly discussed the proposed resolution to endorse the light rail
project in the CSX corridor and in connection with Phase I, plans to build a connector to
Altamonte Springs, and the problems attendant to locating in the Interstate 4 corridor.
Discussion re: Utilities Standards and SDecifications Manual.
The City Manager explained that the proposed Utilities Standards and Specifications
Manual provides greater detail than that contained in the Land Development Regulations, that
it was adapted from the one used by Orange County, and that Mayor-elect Larry Dale has
requested that action on this item be delayed until January. In response to Commissioner
Howell's inquiry, the City Manager explained that Mr. Dale wanted an opportunity to look at
the manual more closely, and that his stated purpose is that the City's development codes be
as encouraging of development as possible without giving away something or permitting
something which is not in the city's best longterm interest, since such infrastructure
generally becomes the maintenance responsibility of the City. Following discussion, the
Commission concurred to delay action until January.
Discussion of board appointments/re-appointments.
The Commission discussed Tim Donahoe's request for re-appointed to the Scenic
Improvement Board, and David Gatchell's and Juanita Mercer's desire to not be re-appointed
when their terms expire January 31, 1997. Following discussion, the Commission concurred to
re-appoint Tim Donahoe at tonight's regular meeting and to delay action on the other two
anticipated vacancies until the new commission takes office.
Discussion of Regular Agenda Items and other items.
A. Auto accident involving Utility Department employee. Mayor Smith reported
that Leon Hampton, a Utility Department employee, recently involved in a head-on collision
on SR 46, is still in the hospital with multiple injuries, but is expected to recover.
B. Work performedwi~hout the proper Dermit, Helen Stairs, property owner. City
Manager Simmons reported that Gary winn, City Building Official, has contacted the property
owner, work has stopped, and the property will be restored.
Commissioner Howell expressed concern that Helen Stairs, Chairman of the Planning
and Zoning Commission, has broken City law, stated that he has received numerous calls
regarding this incident~ and thinks Ms'. Stairs owes the City an explanation.
3O4
5405~54
MINUTES
City Commission, Sanford, Florida
Work Session
December 23 1996
Following discussion regarding the need for information and an explanation from the
property owner, the Commission concurred to invite Ms. Stairs to attend the January 13, 1997
Work Session to discuss the situation.
~ityManager's Report.
A. Proposed Lease with the Salvation Army. City Manager Simmons reported that
the City Attorney now concurs on the proposed lease between the City and the Salvation Army,
which was previously authorized by the Commission for execution for a period of 6 months, and
he will be executing that document.
B. Proposed Lease with Ta~iri Arts. The City Manager reported that Patricia
Whatley, Director of Tajiri Artsf is in agreement with the proposed lease at 519 Palmetto
Avenue, which contains a 5 year total term with provision for negotiation of an additional
5 year term, increased lessee responsibilities, and leaves open negotiation of rent at the
5 year point. In response to Commissioner Eckstein's inquiry regarding language in the lease
about assessed taxes, City Manager Simmons explained that if the City leases to non-tax
exempt organizations, [Commissioner Howell left the meeting.] they can be assessed for
advalorem taxes, as in the case of the airport and businesses on the marina. [Commissioner
Howell returned to the meeting.] However, according to Ms. Whatley, Tajiri Arts is a not-
for-profit organization and thus, if the Seminole County Tax Assessor concurs, tax-exempt.
Following discussion, the Commission concurred to conduct inspection of the
premises, at minimum, on an annual basis.
C. 15 foot temporary construction easement in Seminole Farms Trust IV Deed to
City of Sanford. The City Manager reported that this 15 foot temporary construction easement
was strictly needed only during the construction of St. Johns Parkway, and the City had
agreed to release said easement upon completion of that roadway.
D. Transfer of utility department funds to pay final bill to PRECON. The
Commission discussed the transfer of funds from utility reserves to the utility budget to
make final payment to PRECON in the amount of $33,652.60.
E. Condemnations. The City Manager reported that there are currently no active,
uncompleted items on the Condemnation list; previously condemned properties have either been
repaired or demolished; and a new list of properties for proposed condemnation is being
prepared for submission to the Commission.
F. Proposal from Ardaman & Associates. The City Manager reported that at
tonight's regular meeting he will request authorization of a contract with Ardaman &
Associates in the amount of $18,904.00 for Stage 1 to determine groundwater flow direction
at the Placid Lake area adjacent to the Hovnanian Park Site.
G. Resolution No. 1737. The City Manager reported that adoption of this
resolution, effective January 7, 1997, at tonight's regular meeting, is necessary to
authorize signature of the new Mayor for check signing and eliminate any time gap.
H. Personnel wage and salary survey; Item #22. In response to Commissioner
Lyon's inquiry, City Manager Simmons reported that the purpose of the personnel wage and
salary survey, Item No. 22 on the Agenda for tonight's regular meeting, is to 'look at
alternatives to the current merit pay system and match the marketplace, and does not cover
job descriptions or performance evaluations.
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City Commission, Sanford, Florida
Work Session
305
December 23
Commissioner Eckstein suggested that perhaps the Conm]ission should wait on awarding
contracts until the new commission is seated. However, City Manager Simmons pointed out the
need to proceed with evaluating the current pay scale.
There being no further business, the meeting was adjourned.
Attest:
City C~erk ~
19 96
306
F.405354
MINUTES
City Commission, Sanford, Florida
Regular Meet ing
December 23 1996
Th.e City Commission of the City of Sanford, Florida met in Regular Meeting Monday,
December 23, 1996, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North
Park Avenue, Sanford, Florida.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner Lon K. Howell
Commissioner Kerry D. Lyons
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Dougherty
The Chairman called the meeting to order.
Presentation by Julia Goeb, President, Sanford Historic Trust.
Julia Goeb appeared and thanked Mayor Smith for her support of the residential
historic district and presented her with a signed print from the 1996 Tour of Homes.
Presentation of service weapon to retiring Police Commander Thomas Bernosk¥.
Mayor Smith reported that Commander Thomas Bernosky has been with the Sanford
Police Department for twenty-five (25) years, with a start date of August 6, 1971, that he
has advanced through the ranks as a patrolman to sergeant and commander, and presented
Commander Bernosky with his badge and service weapon.
Declare service weapon surplus and Present to retiring Police Chief RalDh Russell.
Commissioner Howell moved to declare Police Chief Ralph Russell's service weapon
surplus property. Seconded by Commissioner Thomas and carried by the vote of the Commission
as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Mayor Smith reported that Police Chief Ralph Russell started with the Sanford
Police Department November 20, 1965; has served on the police force for thirty-one (31)
years, as a patrolman, sergeant, lieutenant, captain and Police Chief, and presented Police
Chief Russell with his badge and service weapon.
Presentation by Hal Downing with the Sailfest.
Hal Downing appeared and reported that the Sailfest was a success, that 20 states
were represented and 450 sailors participated. Further, he appreciates the time, effort and
money spent on making the beachfront improvements, and thanked the City Commission and the
City Manager for their support and assistance, and stated that he looks forward to having the
Sailfest in Sanford for several more years'to come.
Public Hearing to consider second reading and adoDtion of Ordinance No. 3323, as advertised
in the Sanford Herald on December 12, 1996.
Ordinance No. 3323, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING
CHAPTER 24½, OF THE SANFORD CITY CODE ENTITLED "PUBLIC
BUSINESSES OPERATING AT NIGHT"; PROVIDING DEFINITIONS,
ESTABLISHING REGULATIONS, ESTABLISHING SECURITY MEASURERS
INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND
LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR
INSPECTION; ESTABLISHING SECURITY MEASURERS INCLUDING
TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING
REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR
INSPECTION; ESTABLISHING PENALTIES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
PA05354
MINUTES
City Commission, Sanford, Florida
Introduced and placed on fn'st reading at meeting of December 9, 1996, was next placed on second reading.
307
December 23
199g
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 adoption
of Ordinance No. 3323.
Elaine Morris, 159 Edgewater Circle, appeared and reported that requiring two clerks to be on duty at 10:00 P.M., and
installation of surveillance cameras will help deter crime, and make it safe for people to shop during the evening hours.
City Attorney William Colbert reported that the Police Department has provided statistical information obtained from a recen~
study, and that the record should reflect that said information has been received and is on file with the City.
In response to Commissioner Lyons' question whether the Commission will establish an effective date, Mayor Smitt
reported that pursuant to discussion at tonight's Work Session, the public hearing will be continued until January 27, 1997, to afforc
incoming Commissioners and merchants the oppommity to have input.
Commissioner Thomas moved to continue the second reading and adoption of Ordinance No. 3323 until January 27, 1997
Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Hearing to consider revocation ,of occ,,upational license to operate a triplex at.801 Magnolia Avenue.
Building Official Gary Winn appeared and reported that numerous complaints have been received relative this apartmenl
building ranging from disturbances, a tenant running a business, and a washing machine on the front porch. On November 15, 1996, Vince
F/oretti, Sanford Fire Inspector; Dan Florian, Sanford Code Compliance Inspector; and Roy Costa, State of Florida Hotel and Restauranl
Inspector, iv~ted the property at 801 Magnolia Avenue, and made the following findings: The second floor apartment was turned into
three (3) sleeping rooms, a kitchen and a bathroom, hence a rooming house. Other violations include holes in the walls, electrical
problems, trash and debris, and no fire extinguishers. Also, in 1983, the City rezoned this property to single-family zoning, at which time
people were given an opportunity to acquire the appropriate license. Mrs. Delano, the property owner, applied for and received an
Occupational License to operate a three (3) unit apartment complex, however, weekly rental receipts have been acquired from two tenants.
Based on the aforesaid information, the State of Florida has posted the property and closed the property for operation, and that Staff
recommends that the City Commission consider revoking the occupational license to operate the three (3) unit apartment at this location.
Joe Petrowski appeared and reported that he is Senior Inspector with the State of Florida Division of Hotels and Restaurants
that on October 8, 1996, Ms. Delano was issued a warning for operating a rooming house without a license, and that too many violatiom
were found during the joint inspection of the property to continue the license.
Clarice Delano, 807 Magnolia Avenue, appeared and reported that on December 17, 1996, the Police Department citer
her for running a five (5) unit rooming house, and she was given fourteen days in which to comply. Further, everything has been brought
into compliance relative other violations, with the exception of the fire doors. Also, there are no broken rails, no stove on the front porch,
and the three fireplaces are used to bum firewood at Christmas time. Also, the gentleman who resides in the upstairs apartment has a one
(1) year lease, a copy of which was submitted, and has been a tenant for the past eleven (t 1) years. William Belt and Terry Martin share
one of the two downstairs apartments under a six (6) month lease, and split the monthly rent of $400.00; Will/am Bell was evictex
December 4, 1996, James Winham rents the other apartment downstairs. Ms. Delano stated that some of the tenants may have beer
behind with their rental payments, which might explain the weekly rental receipt.
E405354
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MINUTES
City Commission, Sanford, Florida Regular Meeting, December 23 1996
Commissioner Howell moved, based on the evidence provided and testimony given, to find the property ~n non-compnance
and to revoke the occupational license to operate a three (3) unit apartment complex at 801 Magnolia Avenue. Seconded by Commissioner
· Lyons.
Vince Fioretti, Fire Inspector, appeared and reported that on November 21, 1996, a Certified Letter was sent to Ms. Delano,
which has been refused three (3) times, and that he has left business cards on the gate in an attempt to contact her, but to no avail.
Mayor Smith called for the vote of the Commission on the foregoing motion to find the property located at 801 Magnolia
Avenue in non-compliance, and to revoke the occupational license to operate a three (3) unit apartment complex at said location. Said
motion carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Joint Resolution,by, the City of Sanford, Seminole County and ,the Sanford Community Redev, elopment Agency regarding alignment
of the Central Florida Light Rail Systems as.discussed at tonight's Work Session.r On recommendation of the City Manager,
Commissioner Lyons moved to adopt Resolution No. 1736, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, REGARDING ALIGNMENT OF THE
CENTRAL FLORIDA LIGHT RAIL SYSTEM AND INTERSTATE 4
INTERIM HIGH OCCUPANCY.VEHICLE PLAN.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Utilities Standards and Specifications Manual and Ordinance No. 3324, to amend .the Land Development Regulations
regarding_ same, as discussed at tonight's Work Session. Commissioner Thomas moved to delay action on Ordinance No..
3325 until after the first of the year. Seconded by Commissioner Eckstein and carded by the vote of the Commission as
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Amendments to various. Agreements with Conklin, Porter and Holmes, as discussed at tonight's Work Session..
Ao
Amendment No. 48, to original Agreement dated December 7, 1983, for construction of sewer
rehabilitation and evaluation of Fort Mellon lift station.
Amendment No. 24, to original Agreement dated December 17, 1987, for final design and construction
plans for utility relocation projects associated with SR 417, Airport Boulevard widening and CR 46A
widening.
On recommendation of the City Manager, Commissioner Thomas moved to approve Amendment No. 48 in
e '.~$~ted amount of $31,244.39, and Amendment No. 24 in amount of $259,138.22. Seconded by Commissioner Eckstein
*[~ ~iflby the v°te °f the C°mmissiOn as £Oll°ws:
FORM 8B MEMORANDUM OF
VOTING
CONFLICT
FOR
OUNTY, MUNICIPAL, ,TNA , AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~-FIRS '--M DI LIE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
'rH~ I~0ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
CITY (.'OU NTY ·
DATE ON WHICH VOtE OCCURRED
WHICH I SERVIE IS A UNrI' OF:
~'Y '.~ COUNTY !i~ OTHER LOCAl. AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: '~.~-~ELECTIVE ii APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by lav~
Your responsibilities under the law when faced with a measure in which .you have a Conflict of inter'est will ~ary greatly'dependin~g
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112'.3143, FLORIDA· STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or Other. local, public office MUST ABSTAIN from voting on a measure which inure.~
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure o:
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordinl
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive cb~n~y, municipal, or other local public office MUST ABSTAIN from voting on a measure whic]
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th
special gain of a principal (other than 'a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mu.,
disclose the nature of the conflict before making any attempt to influence the decision by oral Or written communication, whethe
made by the officer or at his direction.
1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible f{
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intere.~
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
~/'inured to my special private gain; or
__ inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retain¢
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
E405354
MINUTES
City Commission, Sanford,' Florida
Regular Neeting
309
December 23
19%
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons iAye
School Resource/D.A.1LE. Officer Agr_ cement for 1996-97 school year. On recommendation of the City Manager,
Commissioner Howell moved to approve said School Resource/D.A.R.E. Officer Agreement. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Termination of IS-f0ot tempora, r~ cOnstruction easement in, Seminole Farms,Trust ,IV, Deed, to the City_ of S:mford.
Commissi ,oner Howell moved to terminate said 15-foot temporary construction easement, as requested. Seconded by
Commissioner Lyons and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Disposal of City_ pro_nerty (dumpsters). On recommendation of the City Manager, Commissioner Thomas moved to declare
various dumpsters, as described in memorandum dated December 13, 1996, from Public Works Director surplus, and to sell
same as scrap material to Jennings Environmental Services at $1.75 per 100 pounds. Seconded by Commissioner Eckstein
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Abstained
Commissioner Lyons reported that his wife works for Jennings Environmental Services, he abstained from voting, and stated
that he would file a Conflict of Interest Form with the City Clerk's Office.
Tajiri Arts Lease. On recommendation of the City Manager, Commissioner Howell moved to approve the Lease Agreement
with Tajiri Arts, for use of the property at 519 Palmetto Avenue; the term of said lease to be five (5) years, with an option to
extend the lease for an additional five (5) years. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Condemnations: No action required; action completed as appropriate on all presently condemned structures.
Proposals re: personnel wage and salary_ surve_v. On recommendation of the City Manager, Commissioner Thomas moved
to award said contract to David M. Griffith & Associates, Ltd., inan amount not to exceed $12,960.00, to perform a personnel
wage and salary survey. Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
FA05354
310
MINUTES
City Commission, Sanford, Florida
Regular Meeting
December 23
1996
Commissioner Howell Aye
Commissioner Lyons Aye
Information from Planning and Zoning Commission Meeting of Thursday. December 5, 1996. No action required or
taken.
First reading of Ordinance No. 3324. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Ordinance No. 3324, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3173 PROVIDING FOR THE
REVISION OF THE CITY'S PERSONNEL RULES AND
REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
was introduced and placed on first reading.
Board ,appointments/re-appointments.
Scenic Improvement Board: The City Clerk reported that the terms of David Gatchell, Tim Donahoe
and Juanita Mercer expire January 31, 1,997, that Tim Donahoe has been contacted and is willing to
serve again, if re-appointed; and that Juanita Mercer and David Gatchell do not wish to be re-appointer[
Commissioner Lyons moved to re-appoint Tim Donahoe to the Scenic Improvement Board, and to thank
Mr. Gatchell and Ms. Mercer for their service on said board. Seconded by Commissioner Thomas and
carded by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request to transfer recreation impact fee funds for completion of Derby Park construction. On recommendation of the
City Manager, Commissioner Thomas moved to authorize transfer of$11,000.00 from Recreation Impact Fee Trust Fund to
the Derby Park project account, to facilitate completion of Derby Park construction. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner HoweI1 Aye
Commissioner Lyons Aye
Consent Agenda.
A. Requests for payment of statements.
(1)
From City Attorney for professional services for the month
of November, 1996 ............................................ $7,796.10
(2)
From Muller, Mintz, Komreich, et al for professional
services from 1 I/4/96 thru 11/25/96 .......................... $3,301.57
B. Tabulation of Bids.
(1)
Bid #96/97-26, Metal Roof Replacement-P.W.C. Equipment Storage Building (Public Works
Department). The City Manager recommended acceptance of Alternative #2 from Cornerstone
Building System, the lowest bidder, which met specifications, in amount of $22,336.26 plus
$144.00 for each replacement purlin needed.
E4053~4
(2)
MINUTES
City Commission, Sanford,' Florida
31 1
Regular Meeting December 23
Bid #96/97-27, Trencher (Utility Department). The City Manager recommended acceptance of
lowest bid, which met specifications, from Vermeer in mount of $25,353.24 minus trade-in
value of old unit of $3,000.00; for a total price of $22,353.24.
Approval of Minutes of November 19, 1996, Special Work Session; November 25, 1995, Work Session;
November 25, 1995, Regular Meeting; December 4, 1996, Special Meeting; and December 9, 1996,
Regular Meeting.
On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
the Commission:
A. Authorized payment of statements (1) and (2), above.
(1)
(2)
Accepted Alternative #2 from Cornerstone Building System, the lowest bidder, which met
specifications, in amount of $22,336.26 plus $144.00 for each replacement purlin needed.
Accepted lowest bid, which met specifications, from Vermeer in amount of $25,353.24 minus
trade-in value of old unit of $3,000.00; for a total price of $22,353.24.
Approved Minutes of November 19, 1996, Special Work Session; November 25, 1995, Work Session;
November 25, 1995, Regular Meeting; December 4, 1996, Special Meeting; and December 9, 1996,
Regular Meeting.
Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission
acknowledged five (5) invoices totalling $37,907.60.
Lighted palm trees on the Marina. Commissioner Eckstein reported that Chuck Volk has agreed to keep the lights on at night
until March 1, 1997, and suggested that a picture be taken from City Hall's roof and possibly used for advertising the downtown
area, and the Commission concurred.
Appointment of Police Chief. Commissioner Thomas moved to appoint Joe A. Dillard as Police Chief, effective January 3,
1997. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request for Special Evaluation of City_ Clerk.
Mayor Smith requested that the City Commission consider a Special Evaluation of City Clerk Janet Dougherty,
based on information as outlined and provided in memorandum from the City Manager.
After discussion, Commissioner Thomas moved'to authorize a Special Evaluation, with an outstanding rating,
of City Clerk Janet Doughtery. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith ' Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Nay
Salary_ increase for City_ Manager.
Commissioner Eckstein moved to give City Manager Bill Simmons an outstanding evaluation, and to authorize
a 3% salary increase, effective January 1, 1997. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
312
E405354
MINUTES
City Commission, Sanford, Florida
ReOoular Meetin
December 23
19 96
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Lease option, with .APT for telecomm, uni~.tion tower.,ite at Derby Park, as discussed at tonight's Work Session. The
City Manager reported that he met with Steve Sheridan the representative for APT, that he has agreed to substitute language
in Article vm relative an alternative access route, and the co-location requirement, and recommended that the Commission
authorize execution of said lease agreement, upon receipt of a smooth lease incorporating said co-location requirement and
alternate access route. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Memorial Stadium grandstand demolition. On recommendation of the City Manager, Commissioner Howell moved to
accept the bid from Indigo in amount of $49,895.00, for said demolition work. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Application for EDFT Grant from Florida Department of Transportation, as discussed at tonight's Work Session. On
recommendation of the City Manager, Commissioner Howell moved to authorize execution and submittal of said EDFT Grant
Application. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request for, emergency, water service for property ,at 3503 Palm Way. On recommendation of the City Manager,
Commissioner Howell moved to authorize emergency water service for property located at 3503 Palm Way. Seconded by
Commissioner Lyons and earned by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request for transfer of funds from utility_, reserves to utility budget ,for final payment tO pRECON, as discussed at
tonight's Work.Session. On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to transfer
$33,652.60 from utility reserves to the utility budget, to cover final payment to PRECON. Secondedby Commissioner Thomas
and carded by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
E405354
MINUTES
City CommissiOn, Sanford,' Florida Regular Meetincj
313
December 23
Proposal from Ardaman &,Associates to determine groundwater flow direction at the Placid Lake area adjacent to the
Hovnanian Park site. as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
Howell moved to accept said proposal from Ardaman & Associates in amount of $18,904.90, for Phase 1 groundwater flow
testing relative the Placid Lake area adjacent to the Hovnanian Park site. Seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Adoption of Resolution. No. 1737, as discussed at tonight's W0rk Sessi0n. On recommendation of the City Manager,
Commissioner Howell moved to adopt Resolution No. t737, entitled:
A RESOLUTION OF THE CITY OF SANFORD FLORIDA, TO
AUTHORIZE SIGNATURES ON BANK ACCOUNTS WTrH
BARNETT BANK OF CENTRAL FLORIDA, N.A. AND THE STATE
BOARD OF ADMINISTRATION; PROVIDING FOR SEVERABILtTY
AND AN EFFECTIVE DATE.
Seconded by Commissioner Lyons and carded by the vote of the Commission as. follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
S~,lary increase for Police Chief.
The City Manager reported that in the appointment of Police Chief Dillard the Commission will need to
determine the rate of pay at which he will begin service as Police Chief, and that Ralph Russell received a 9% increase upon
becoming Police Chief.
Commissioner Eckstein moved to authorize a 9% salary increase for Joe A. Dillard upon becoming Police Chief.
Seconded by Commissioner Thomas.
Commissioner Lyons proposed a 3% to 4% salary increase.
City Manager Simmons reviewed the various steps within the pay scale for Police Chief, including Step 9, no
pay increase involved; and Step 12 which provides a 9% salary increase. Further, according to the salary survey that led to
the Commission giving Ralph Russell a Special Merit, the Police Chief's pay scale is lower than comparable salaries within
the area.
becoming Police Chief. Said motion carried by the vote
Mayor Smith called for a vote on the foregoing motion to authorize a 9% salary increase for Joe A. Dillard upon
of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Nay
Audience Participation,
Larry Blair, 407 West 27th Street, appeared and reported that he submitted a request to be on tonight's agenda.
City Manager Simmons reported that the request received was for the January 13, 1997, meeting.
Mr. Blair stated that he submitted an additional request to Diane last week.
1996
E405354
MINUTES "
City Commission, Sanford, Florida Re~la~ Deeem~e~
23
19, 96
Commissioner Howell moved to approve the request to waive the 2,000 foot distance requirement between
churches and vendors of beer, wine and liquor for consumption on premises, for Stooges at 2491 South Park Avenue.
Seconded by Commissioner Eckstein.
After discussion, the Chairman called for a vote on the foregoing motion. Said motion failed to carry upon me
vote of the Commission as follows:
Attest:
Mayor Smith. Nay
commissi0ne~- Eckstein Aye
Commissi0fter Thomas Nay
Commissiiai~r 1216~11 Aye
ComifiissiO~tbtr L~ons Nay
There being no further business, the meeting was adjourned.