HomeMy WebLinkAbout042400 ws/rm min.E718672
City
MINUTES
4:00
Commission, Sanford, Florida
P.M. WORK SESSION April
24
il000
The City Commission 6f the City of Sanford, Florida met in Work Session on Monday, April 24, 2000,
at 4:45 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford,
Florida.
Present: Mayor-Commissioner Larry A. Dale
Commissioner Whitey Eckstein
Commissioner Brady Lessard
City Manager Tony VanDerworp
City Clerk Janet R. Dougherty
Absent: City Attomey William L. Colben
Commissioner Velma H. Williams
The Chairman called the meeting to order.
Mayor Dale reported the Work Session was started late today in honoring the funeral service for
Commissioner McClanahan.
PBA Building.
City Manager VanDerworp reported the City had a lease with the Amvets Post 17, and had a sub-lease with
the Word for Right Now International Ministries. The City received a letter from the Amvets Post 17 thanking the City for
the use of the building over the past several years and informing the City that they wished to exercise their right to cancel
the lease. The City also received a letter from the Word for Right Now International Ministries stating they would like to
continue to lease the building at $500.00 a month, and that they would do the needed repairs to the building at no cost to
the City. The City also received a letter from the Sanford VFW Post 10108 stating an interest in leasing the PBA Building.
The last time the Commission considered this building Staff indicated there were a number of things that needed to be
done to the building to bring it into compliance with the City codes and to be habitable, which included work on the
electrical system, roof repairs, fixing several leaks around the exterior, replacement of doors and the exterior wood ramp,
and some renovation to the restrooms. Also, at the last Commission meeting the City Manager was given authorization to
get appraisals on all City property on the lake front. In consideration of the condition of the building, and in consideration
of making the lake front properties into tax-paying properties in the City, the City Manager recommended that the City not
enter into a lease for the PBA Building with anybody at this time. (Commissioner Willjams joined the meeting.)
Mayor Dale reported he has had discussions regarding joining the PBA property with the Andre Hickman
property. City Manager VanDerworp reported the Commission has also received a request from Mr. Hickman, with the
Southshore property, to join with the PBA property and to take a look at a portion of the Public Works facility on the lake
front that is not being used, and to bring the three properties into one development proposal.
Commissioner Willjams requested that Word for Right Now Intemational Ministries, the sub-lessee, be
given time to relocate. The Commission concurred that the City Manager negotiate a month to month lease with the Word
for Right Now International Ministries until they can relocate, for Commission review and approval, then not lease the
building.
Monument honoring war veterans.
Evelyn Bennett, Recreation Supervisor, reported a monument honoring war veterans has been proposed to
be erected in Memorial Park, and four companies which would like to erect the monument have responded. She shared
pho~ographs and parChlets showing the type of work each company does, and she reported the cost ranges between
$40,000 and $50,0QQ for a monument. staff recommends forming a committee with representatives from different groups,
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City
MINUTES
Commission, Sanford, Florida
4:00P.M. WORK SESSION April
347
24 ~000
and the committee sponsor a fund raising project to pay for the monument, and the City could pay for the installation,
landscaping, irrigation, lighting, etc. Ms. Bennett reported that Sam Christiani has expressed an interest in helping to form
the committee. Commissioner Lessard and Mayor Dale agreed that a committee would be preferable because the public
could be more involved in the decisions, and have a variety of input. (Commissioner Williams left the meeting briefly and
returned.)
Commissioner Eckstein reported that he felt that veterans of the Korean War and the Vietnam War should
be included in the memorial, as well as veterans of World War II (which was the original request of Nell Snow). Ms.
Snow reported that World War II was the defining moment in history, and if you are going forward to the more recent
wars, why not go backward to World War I, the Civil War, and the Seminole Wars that were fought in Sanford' s Fort
Mellon Park. If other wars are to be included, each should have its own plaque with the names of its veterans listed, with a
designation if they were POW's or MIA's, and a star attached next to the names of the deceased veterans. She also
reported that in her original request, she had suggested Fort Mellon Park, not Memorial Park, so that people would have a
large shaded area in which they could sit next to the memorial and contemplate their thoughts in a cool, pleasant
environment, and participate in the memorial celebrations. A~er lengthy discussion the Commission concurred to proceed
with forming a committee to provide recommendations on what type of monument, the location, and to raise funds.
Amended Airport Budl~et.
Victor White, Executive Director of the Orlando Sanford Airport, and Bryant Garrett gave an overview of
the amended operating budget for FY 1999/2000, which was approved by the Sanford Airport Authority Board at its April
meeting. The intent of the budget amendment was singularly to address the issues that were brought up by the new
contract for management of the domestic terminal. The amendment reflects the new revenues to be received from TBI and
its subsidiary Orlando Sanford Domestic (OSD), and a change in the expense side where some expenses have been given
up. Mr. White reported the Airport has changed its budget to a favorable $306,161.00 in terms of surplus based upon the
increase in revenues and the decrease in expenses. Excluding debt service for the principal payments on the capital, the
surplus is $628,646.00. The Commission will vote on the amended budget at tonight's meeting.
Special Election.
Mayor Dale reported the Commission will vote on a Resolution tonight to set the date for a special election,
which the Charter mandates to be held no sooner than 60 days, and no later than 90 days, from the date of the vacancy,
which in this case was April 19, the date of Commissioner McClanahan's death. City Clerk Janet Dougherty reported the
period of time in which the City could hold the election was between June 19 through July 19, but when the time needed
for qualifying is factored in, it brings it to no earlier than the week of June 26. The Commission concurred to vote on the
Resolution tonight to set the election date for June 27, 2000.
Reclaimed Water AugmentatiOn Project.
City Manager VanDerworp reported there are two items on the Consent Agenda for tonight from CP&H
regarding the Water Augmentation Project, and David Gierach was in attendance, with Paul Moore, to answer any
questions about the consent items or the project. Paul Moore, Utility Director, reported this is a 45% matching grant with
the St. Johns River Water Management District, and the total available for the grant is about $1.7 million. The
Commission will vote on the consent items tonight.
348
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City Commission, Sanford, Florida
WORK SESSION
April
24192000
Add-On Items.
City Manager VanDerworp reported he has two add-on items for tonight's agenda: the Cloud Branch Creek
Drainage Project Retention Pond (at zero cost), and an emergency purchase order to demolish Ridgewood Villas, with
funding from reserves. The bids for the demolition of Ridgewood Villas ranged from $60,000 to $160,000 plus, and Staff
is recommending the low bidder.
There being no further business, the meeting was adjourned.
Attest:
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City
MINUTES
Commission, Sanford,. Florida
7:00 P.M. REGULAR MEETING
349
April 2~92000
The City Commission of the City of Sanford, Florida met in Regular Meeting on April 24, 2000, at 7:00
o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida.
Present: Commissioner Whitey Eckstein, Vice Mayor
Commissioner Velma H. Williams
Commissioner Brady Lessard
City Attorney William L. Colbert
City Manager Anthony VanDerworp
City Clerk Janet R. Dougherty
Absent: Mayor-Commissioner Larry A. Dale
Chairman Eckstein called the meeting to order.
Commissioner Eckstein reported that the funeral for Commissioner McClanahan was held today, and he
thanked the Police and Fire Departments for their participation and cooperation in the service. He also wished God speed
to Commissioner McClanahan's family.
Presentation.
Howard Jeffties presented to Commissioner Lessard the Tree City USA Award for 1999, which was
awarded to Sanford. Mr. Jeffties reported that Sanford has been an active participant in Tree City USA since 1987, and in
order to receive this award Sanford must apply for certification at the end of each year, and supply documentation showing
that it has developed and is administering a comprehensive tree management program. Other obligations are to set
minimum standards for tree protection and maintenance, spend $2.00 per capita for tree management, and observe Arbor
Day with other cities across the nation. Sanford is one of the few cities in the nation that celebrates three Arbor Days
every year: Florida Arbor Day on the 3rd Friday in January, Sanford's Arbor Day on the second Monday in February, and
National Arbor Day this Friday. Sanford has met all of its obligations and has been approved by the Florida Division of
Forestry to receive the 1999 award for Tree City USA, and Sanford is one of only four cities in Florida officially
designated as Tree City USA. Commissioner Lessard accepted the plaque and flag on behalf of Sanford.
New Deputy City Manager.
City Manager VanDerworp introduced Roger Dixon, the new Deputy City Manager for Sanford.
Citizen participation.
Nell Snow, 176 Woodridge Trail, reported apartments are being built all around Sanford, and she is
concerned where the drinking water is going to come from. She also asked the citizens of Sanford to show a little more
civility when things come up before the Commission which they oppose. There has been a great deal of late night phone
calls, some anonymous and some caller identified, and Commissioner McClanahan had received at least three such calls,
with a great deal of profanity and very vulgar language. Also, there is another well-respected gentleman in town whose
wife has told him he cannot participate in anything in the City of Sanford anymore because she answered the phone one
night when this kind of call came in. She requested the Commissioners and the citizens of Sanford, if they know anyone
who is making this kindof calls, tell them it is improper conduct and it needs to stop.
Ms. Snow presented to Sanford a $100.00 donation toward the proposed war memorial in honor
Commissioner McClanahan. (Mayor Dale joined the meeting.)
David Kelly, 321 Magnolia Avenue, thanked Police Chief Tooley for the great job he is doing in getting the
officers out and for the bicycle patrols, and feels the Chief is doing a wonderful job.
350
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MINUTES
7:00
City Commission, Sanford, Florida
P.M. REGULAR
MEETING
April
24 15000
Commissioner Eckstein passed the gavel to Mayor Dale.
Approval of minutes.
Commissioner Lessard moved to approve the minutes of the April 10, 2000 Work Session and Regular
Meeting. Seconded by Commissioner Williams and carried by vote of the CommisSion as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Public hearing and second reading of Ordinance No. 3554 to annex a .35 acre portion of property lying between
Magnolia Avenue and Palmetto Avenue and between 291h Street and 30th Street (2916 S. Palmetto Avenue). Bertha
Drake, owner. Ad published April 13 and April 20, 2000.
Ordinance No. 3554 was read by fide. Mayor Dale reported the Commission would hear from those
persons present to speak for, or in opposition to, Ordinance No. 3554. No one appeared.
Commissioner Lessard moved to adopt Ordinance No. 3554, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE
CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID
ORDINANCE, A 0.35 ACRE PORTION OF THAT CERTAIN PROPERTY LYING
BETWEEN MAGNOLIA AVENUE AND PALMETTO AVENUE AND BETWEEN 29TH
STREET AND 30TH STREET; IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA STATUTES;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Eckstein and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Public hearing and second reading of Ordinance No. 3555 to annex 30.57 acres of property lying between the
Seaboard Coastline Railroad and Iowa Avenue and between N. Kennel Road and Creek Road. Pemberton, Inc. and
Sid Vihlen, Jr., owners. Ad published April 13 and April 20, 2000.
Mayor Dale reported that this Ordinance had passed first reading, and since then he has received a letter and
met with the owner of the properly, Sid Vihlen, who has requested the second reading of this Ordinance be continued in
order that it can be heard simultaneously with the site plan for initial land use and future land use. Commissioner Eckstein
moved to continue this Public Hearing until May 22, 2000. Seconded by Commissioner Lessard and carded by vote of the
Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Public hearing and second reading of Ordinance No. 3556 to amend the future land use map of the Future Land Use
Plan Element of the Comprehensive Plan, changing the designation of 9.97 acres of property lying between
Americana Boulevard and Lake Marv Boulevard East and between Rolling Hills Boulevard and Highway 17-92,
from HDR, High Density Residential. to GC, General Commercial Ron Howse, P.A, owner. Ad published April 13,
2OOO.
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MINUTES
7:00
City Commission, Sanford, Florida
P.M. REGULAR MEETING April
351
2 4 .ooo
m
Ordinance No. 3556 was read by title. Mayor Dale reported the Commission would hear from those
persons present to speak for, or in opposition to, Ordinance No. 3556. No one appeared. Commissioner Williams moved
to adopt Ordinance No. 3556, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE
NO. 3079 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN;
AMENDING THE FUTURE LAND USE MAP DESIGNATION OF APPROXIMATELY
104- ACRES OF PROPERTY LYING BETWEEN AMERICANA BOULEVARD AND
LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND ROLLING HILLS
DR. FROM HIGH DENSITY RESIDENTIAL TO GENERAL COMMERCIAL;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Eckstein and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Public hearinfl and second readinfl of Ordinance No. 3528 to adopt the First Comprehensive Plan Amendment of
2000, based on no objections from the Florida Department of Community Affairs. Ad published April 19, 2000.
Ordinance No. 3528 was read by title. City Manager VanDerworp reported that Item 15 of this Ordinance
is the property that the Commission just voted to continue the annexation for until May 22, 2000. Commissioner Lessard
moved to remove Item 15 from this Ordinance for future consideration at a date certain for the annexation previously
determined. Seconded by Commissioner Willjams.
Sid Vihlen, Jr., 204 N. Park Avenue, owner of the parcel in Item 15 of Ordinance No. 3528, reported he was
under the impression that the property was already designated for industrial. Mr. Marder reported this property does not
need to be included in the comprehensive plan in order for Mr. Vihlen, Jr. to proceed with his proposed development, but
it was included, as all annexed property is included, because the City feels more comfortable when annexed property is
included in the Comprehensive Plan of the City. Mr. Vihlen understands that this annexation will be included in the
second Comprehensive Plan of 2000 for the City of Sanford.
Mayor Dale asked for public comment on the removal of Item 15, and there was none. The motion to
remove Item 15 was carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner EckStein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Mayor Dale reported the Commission would hear from those persons present to speak for, or in ~~-
to, Ordinance No. 3528. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3528, less Item IS:,
entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE
NO. 3079 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN,
SAID AMENDMENT BEING THE FIRST ANNUAL AMENDMENT; AMENDING THE
FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT; ADDING
PROPERTY ANNEXED INTO THE CITY TO THE FUTURE LAND USE MAP OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE. DATE.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
352
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City Commission, Sanford, Florida
7:00 P.M. REGULAR MEETING
April
24 1~000
Public hearing and first reading of Ordinance No. 3558 to rezone 1.954- acres of property lying between Country
Club Road and W. 251h Street and between Airport Boulevard and the proposed Central Florida Greeneway (2720
W. 251h Street) from AG, (Agriculture) to GC-2 (General Commercial). KMR Inc., owner. Ad published March 24,
2000.
Ordinance No. 3558 was read by title. Mayor Dale reported the Commission would hear from those
persons present to speak for, or in opposition to, Ordinance No. 3558. No one appeared. On recommendation of the City
Manager, Commissioner Williams moved to adopt Ordinance No. 3558, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE
NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF 1.954- ACRES OF PROPERTY LYING
BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN
AIRPORT BOULEVARD AND THE PROPOSED CENTRAL FLORIDA GREENEWAY,
FROM AG, AGRICULTURAL TO GC-2 GENERAL COMMERCIAL; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Consideration of Seminole Volunteer Enterprises Mediated Settlement Agreement.
Mayor Dale reported that this issue was considered at the May 10, 2000 Commission Meeting, and no
action was taken because there was no second to the motion. City Attomey Colbert reported it is legally appropriate for
the Commission to take action to approve or disapprove the mediated settlement. He advised the Commission that on May
11, 2000 there was a hearing before the Court and an Order was entered by Judge Freeman that created a 90-day Stay of
any action to amend the underlying Development Order. Today the City Attorney received a letter shortly before 5:00 p.m.
from Mr. Gorenflo, who represents the plaintiffs, and it is their position that the City previously rejected the mediation
agreement. The City Attorney reported his position is that the City took no action. Secondly, it is the plaintiffs position
that since the temporary injunction was entered the City is prohibited from taking any action, and he disagrees with that to
a point. The City Attorney advised the Commission it had the option to either approve or disapprove the mediated
settlement. If it chooses to approve the mediated settlement agreement, he recommends it be approved subject to Court
approval, because any mediated settlement would need to be approved by the Court. This action would go a long way in
addressing the objections that were raised in the letter from Mr. Gorenflo.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to, this issue. Joe Desantis, 714 S. Magnolia Avenue, reported he is one of the seven plaintiffs who filed suit against the
City regarding the soup kitchen issue. He questioned why consideration of a previously mediated settlement between the
City, the plaintiffs, and Seminole Volunteer Enterprises, is on tonight's agenda, and why the Commission appears to be
ready to take another illegal action that will result in the plaintiff's attomeys filing for a Motion of Contempt against the
City first thing tomorrow morning if the issue is voted on tonight. Mr. Desantis reported that in November three of the
Commissioners cast votes that violated the City' s Land Development Regulations which basically said that Jean Melts was
above the law. On January 18, the plaintiffs sued the City of Sanford because of the votes of three Commissioners. The
plaintilTs Verified Complaint and Declaratory Request for Injunction Relief challenged the City's Development Order
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City Commission, Sanford, Florida
7:00 P.M. REGULAR MEETING April
353
24 192000
granting Seminole Volunteer Enterprises not only an illegal dimensional variance, but a total waiver for the required
number of parking spaces. On March 30th the parties met to resolve this litigation through mediation. On March 30th the
parties reached an agreement that was contingent upon approval of the Sanford City Commission. On Monday, April 10th,
the City Commission met and unilaterally rejected the settlement agreement. The motion by Commissioner Eckstein did
not even receive a second, because Commissioner Williams decided to play political poker with the tax payers' money;
hedging a bet because one Commissioner was absent and she could not be sure how the Mayor would vote. The failure of
the City Commission to approve the mediated settlement at the last meeting caused the plaintiffs in the case to
immediately prepare for a temporary injunction hearing previously scheduled for April 11, the next day after the
Commission's rejection, before Circuit Judge Tom Freeman, again at great legal expense. Two days later, on April 13th,
Circuit Judge Tom Freeman entered a Temporary Injunction that enjoined the City of Sanford from taking any action that
would modify, change or alter the City's Development Order for a period of g0 days. The City had its chance to vote on
this issue two weeks ago, and because the numbers were not favorable to those who voted in favor of this mess back in
November, some of the Commissioners sat on their hands, thumbed their noses once again at the residents of the Historic
District, and took no action. The plaintiffs are tired of the games some Commissioners have played with this issue. The
plaintiff s attomeys, and the attorneys for Seminole Volunteer Enterprises continue discussions outside the confines of this
Chambers' three-ringed, soup kitchen circus in efforts to reach a settlement that is more amenable to the parties involved;
partly because some of the people that occupy the Commission's dias have left the citizens less than confident about
enforcement of any mediated settlement. Some of the Commissioners breached that confidence and broke that public trust
back in November. If this Commission votes on an amended Development Order this evening, that action will clearly, and
on face value, alter and amend the original Development Order of November 22, 1999, which three Commissioners voted
in favor of. If the Commission compounds its original folly with another this evening, the plaintiffs will immediately ask
the 18th Judicial Circuit why the City of Sanford shall not be held in Contempt of Court for willful violation of Judge
Freeman's 90 day Injunction, rendered just eleven days ago, on April 13th.
Mayor Dale reported the reason this issue is on the agenda tonight is because the Mediated Settlement
Agreement, which he and the plaintiffs attended, states in Item No. 4 of the first page, that this Mediated $~ttl~4nent
Agreement is contingent upon approval of the City Commission of the City of Sanford, Florida. It did not say at the
Commission's next scheduled or regularly scheduled meeting. The Mayor put it on the agenda again because the
Commission did not take action on it. The Commission did not unilaterally reject it, a motion was made and there was no
second. Part of the reason the Mayor did not second the motion was because having attended the Settlement Agreement,
he, and everyone else, was separated into caucuses, so he was not privy to what the plaintiffs had to say, and they were not
privy to what he had to say, nor was the Mayor privy to what the interpleader (or the Jean Metts group) had to say. He was
not privy to why the Mediated Settlement Agreement was approved by the plaintiffs and the third party. The City Manager
signed it subject to City Commission approval, but mainly because everyone else had worked it out.
Mr. Desantis reported it is the plaintiffs' position that the City Commission did not take action two weeks
ago because the people that wanted it passed didn't have the votes that night, and he realized the politics that were being
played that night. Mayor Dale reported he assumed that the plaintiffs wanted it passed because they had agreed to the
mediation, and he was surprised at the last meeting when he asked if there was anyone to speak on the issue and no one
354
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City Commission, Sanford, Florida
7:00 P.M. REGULAR MEETING April
24 1~000
came forward. Mr. Desantis reported they were waiting to see what the Commission would do next with this hot potato.
Mayor Dale reported he does not feel that anyone was playing political games two weeks ago, but rather everyone was
truly confused where the Commission stood on the issue. He was surprised when a settlement agreement had been reached
on that day, and he was surprised when there wasn't a second to the motion on the 10th. The Mayor again stated that the
Commission did not take action on the issue, and action needs to be taken.
Mr. Desantis reported that the Mayor was involved in the mediation, and the Mayor knows that all the
parties signed the agreement (the City Manager having signed on behalf of the City), to keep confidentiality about what
went on behind closed doors. No one is at liberty to discuss what went down during the mediation. He feels there is a
general feeling among the plaintiffs that the City pretty much put a gun to their heads, without going into details. He
further reported he is not going to find himself in Contempt of Court for commenting on the particulars of certain phases
of the negotiation and comments that were made. Mayor Dale reported unfortunately he was not privy to that; the
Attorney signed the Confidentiality Agreement, and the Mayor was a little aggravated because Howard Marks tried to
claim victory and called the press and said they had won. Mr. Desantis said five minutes after Mr. Marks left the room he
faxed the newspapers copies of the agreement, so obviously some people have to play by the rules and some don't.
Mr. Desantis reported the plaintiff' s position tonight is that if the Commission tries to take any action on
this tonight, their attorney will file a motion in the morning (which Mr. Desantis reported he had a copy of) to find the City
in Contempt of Court. Mayor Dale reported he feels the plaintiffs would have a hard time proving Contempt of Court
because if they did take action tonight it would be subject to Court approval. Mr. Desantis reported he feels their attorney
is operating under the premise that the 90 day injunction is still in effect and there shouldn't be any action taken at this
time. Mayor Dale asked Mr. Desantis if the plaintiffs are now saying they wish they had not agreed to the mediated
settlement, that they have changed their minds, or that they felt duress at the time. Mr. Desantis reported he is just trying
to reiterate their attorney's position.
Linda Kuhn, 3 13 Palmetto Avenue, reported the plaintiffs were willing to abide by the mediated agreement
that they had previously come to. As a result of the protracted legal issues they have had to go through, they are no longer
amenable to that agreement. They feel that in conversations with Seminole Volunteer Enterprises and their own attorney,
that they have probably tentatively reached what they all believe is a better agreement, so they are asking that the
Commission not approve the agreement before them tonight. Ms. Kuhn also reported that last Thursday there was a
motion filed by Ms. Metts' attorney to act as an intervenor and that motion was denied, so the law suit is strictly between
the City and the plaintiffs.
Jean Metts, 5601 Orange Blvd., Lake Monroe, reported she was at the mediation and thought everything
was settled. She reported that half of those seeking emergency food assistance in Central Florida are children (from the
Second Harvest Homeless Study Faces and Facts, 1997). For the first time in our history a strong economy has failed to
reduce hunger and food insecurity. In 1998, 30 million Americans lived in households that experienced food insecurity
(from A Paradox of Our Times: Hunger and A Strong Economy, from the Center of Hunger and Poverty at Tuft's
University). Ms. Metts closed by quoting: "Speak up for those who cannot speak for themselves, defend the fights of those
who have nothing, speak up and judge fairly, and defend the rights of the poor and needy"; from Proverbs 31:8-9.
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7:00 P.M. REGULAR MEETING
April
355
2 4
Commissioner Williams reported that the Mayor indicated he did not speak for her, and he was correct.
She can articulate what she thinks and feels herself. However, she will not articulate any concems or dignify responding
to accusations that are based on one's opinion, as opposed to fact. Commissioner Williams moved to approve the
Seminole Volunteer Enterprises Mediated Settlement Agreement, subject to Court approval. Seconded by Commissioner
Eckstein and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Nay
First reading of Ordinance No. 3557 to annex approximately .5 acres of property between SR46 (W. 1st St.) and-
Smith Canal Road and between EIder Road and Sewell Road: 4301 W. 1st Street. Helen L. Stapler, owner.
Ordinance No. 3557 was read by title. On recommendation of the City Manager, Commissioner Willjams
moved on the first reading of Ordinance No. 3557, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE
CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID
ORDINANCE, 0.77 ACRES OF PROPERTY LYING BETWEEN WEST STATE ROAD 46
AND SMITH CANAL ROAD AND BETWEEN SEWELL ROAD AND ELDER ROAD
SOUTH; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS
OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Approve revised FY99/00 Sanford Airport Authority budeet.
On recommendation of the City Manager, Commissioner Lessard moved to approve the revised FY99/00
Sanford Authority budget. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Boards appointments.
Code Enforcement Board. Commissioner Lessard moved to appoint Russell Lord to the Board. Seconded
by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Oreanizational matters.
No action was taken on this issue.
Adopt Resolution No. 1843 re: amending the Classification and Pay Plan to reelass one Code Compliance Officer to
Code Enforcement Officer in the.Community Development Department.
Resolution No. 1843 was read by title. On recommendation of the City Manager, Commissioner Lessard
moved to adopt Resolution No. 1843, entitled:
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A RESOLUTION OF THE CITY OF SANFORD, FLORIDA TO PROVIDE FOR
PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE
AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN" TO
PROVIDE FOR THE RECLAS SIFICATION OF ONE (1) CODE COMPLIANCE
INSPECTOR TO CODE ENFORCEMENT OFFICER IN THE COMMUNITY
DEVELOPMENT DEPARTMENT/BUILDING & CODE ENFORCEMENT DIVISION
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Adopt Resolution No. 1844 re: setting the date for a Special Election to fill the vacant commission seat in District 3.
City Clerk Janet Dougherty reported the Commission concurred at today' s Work Session to hold the
election on Tuesday, June 27, 2000. Mayor Dale reported this date meets the time for qualification and falls within 60 to
90 days of the date of the vacancy.
Resolution No. 1844 was read by title. On recommendation of the Mayor, Commissioner Lessard moved to
adopt Resolution No. 1844, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR A
SPECIAL ELECTION TO BE HELD ON JUNE 27, 2000, FOR THE PURPOSE OF
ELECTING A COMMISSIONER FOR SEAT 3; ESTABLISHING A QUALIFYING
PERIOD; DESIGNATING THE POLLING PLACES FOR EACH PRECINCT IN THE CITY
OF SANFORD; PROVIDING FOR ABSENTEE BALLOTS; AND DIRECTING THE
CLERK TO DO EVERYTHING NECESSARY AND EXPEDIENT FOR HOLDING SAID
ELECTION.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
City Clerk Janet Dougherty reported qualifying will begin May 1, 2000. The Commission requested that the City Clerk
issue a press release regarding the election and qualifying dates.
Consent A_genda.
On recommendation of the City Manager, Commissioner Lessard moved as follows:
Award Bid #1FB99/00-04 for Reclaimed Water Augmentation Project to Wharton-Smith Inc.
in amount of $1,192,000 subject to review by the City Attorney and authorization by
EPA/SJRWMD.
Approve Amendment No.56 to CPH Engineers agreement, for design and permitting of a Chlorine Handling
Facility at the Water Reclamation Facility. Total engineering fee is $39,087.
Approve Amendment No. 59 to CPH Engineers agreement for engineering services for the reclaimed water
augmentation project (construction services Phase I, design services PhaSe II), in mount of $92,792.00.
Approve Amendment No. 35 to CPH Engineers agreement for the design and permitting of chlorine
handling facilities at both Water Treatment Plants, in amount .of $45,980.00.
Accept proposal from Ecotech for the control of cattails in the various ponds at Site 10, at a cost of
$2,640.00.
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Approve street closure of 4th Street from Park Avenue to Magnolia Avenue on May 6th, 2000 from 7:00
a.m. to 4:00 p.m., in conjunction with Holy Cross Episcopal Church's Spring Marketplace.
Authorize settlement of Cornell Young's Workers Compensation Claim; settlement amount $25,000
inclusive of attomey fees.
Authorize purchase of 20 mobile communication terminals for police cars in amount of $68,200 from LLEB
grant ~mds and Law Enforcement Trust Funds.
Approve Change Order #2 in amount of $2,770.94 to contract with General Constructors, Inc., (GCI) for
additional work at Chase Park Baseball Complex.
Approve street closure of Magnolia Avenue from 2nd Street to 3rd Street from 3:00 p.m. on May 5, 2000 to
12:00 noon on May 8, 2000, in conjunction with the Helen Stairs Theatre Grand Opening.
Seconded by Commissioner Eckstein and carried by vote of the Commission as follows:
Add-on items.
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Cloud Branch Creek Drainage Project - Retention Pond at Pineburst Park. On recommendation of the
City Manager, Commissioner Lessard moved to approve the agreement with Martin K. Eby Construction
Company (EBY) to construct the planned retention pond, (with associated pipe & structures), in exchange
for the dirt removed during construction at zero cost to the City. Seconded by Commissioner Williams and
carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Demolition of Ridgewood Villas. On recommendation of the City Manager, Commissioner Lessard moved
to authorize expenditures from City Reserves in an amount not to exceed $65,000.00 under an emergency
purchase order for demolition of Ridgewood Villas.
vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
City Attorney's Report.
Seconded by Commissioner Williams and carried by
City Attomey Colbert reported regarding the Seminole Club, or Golf Course, litigation; there is an
Attorney/Client Session scheduled for Thursday, April 27, 2000. Mediation is set for May 11, 2000. As~.~f~e City
Attorney' s preparation, it was concluded that it would be appropriate to have a professional appraisal done
course, by someone who is qualified to make appraisals of golf courses. The purpose of the appraisal is becaU~ ~ ~,~..~.the
things alleged in the complaint is a failure to maintain the golf course, and it is believed an appraisal would be useful in
helping the Court understand what the damages would be for failure to maintain. Also, it is alleged that there is
inadequate consideration being paid to the City (that is there is no consideration being paid to the City), and an appraisal
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through the income approach would help quantify the clear value. Mayor Dale reported he would also like an appraisal of
the fair market value of the property itself. Commissioner Eckstein moved to authorize the City Manager to have an
appraisal done for the golf course and for the property, with the funds expended from the Reserve Account. Seconded by
Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
City Attorney Colbert reported regarding the Gas Properties case; he will attend a hearing on May 3, 2000,
and advise the Commission of the outcome. The defendants have filed a motion to enforce what they consider to be a
settlement agreement that they say was entered into last year; the City Commission did not approve the settlement
agreement. Sanford filed a response stating that was a different case, the case that is pending right now is the foreclosure
case. Also, the settlement they are trying to enforce is remote in time in that they never attempted to indicate they were
willing to accept some type of settlement until about eight months after discussing it.
Citv Clerk's Report.
No report.
City Manaeer's Report.
1.
Reported if the Commission had any questions on the Code Enforcement Lien, the Front Porch
Application, or the Master Plan for Goldsboro and Georgetown they could contact him directly. He
also reported there will be a Community Meeting on the Goldsboro and Georgetown Master Plan in
three to four weeks.
The City has received a request to use the Department of Agriculture's barges for the Fourth of July
pyrotechnics.. The City is preparing the barges, and the people who will be doing the fireworks will
be on a separate structure and using the barges as a platform for the launches.
Reported that the School Board is declaring the Velma Mitchell building (the old south side
elementary school) as surplus. He asked the Commission to think about any potential uses the City
may have for that building. He reported he has an information packet on the building; it can be
opened up and expanded, but it has limited parking. The City needs to respond to the School Board
on this issue as soon as possible.
Reported that the Finance Director has informed him that Kevin Smith has passed the CGFO
Certified Government Financial Officer exam; and Vicki Lewis, Purchasing Agent, has passed part
one of the four part exam for becoming a Certified Purchasing Manager.
City Commissioners' Reports.
Commissioner Eckstein - Moved to name the new fire station, which is in District 3, after ~e late District
Commissioner, A. A. "Mac" McClanahan, and present the action to Commissioner McClanahan's family. Seconded by
Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
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Mayor Dale reported the new fire station will be dedicated to Commissioner McClanahan. Commissioner Eckstein
reported that it was Commissioner McClanahan who led the charge for equalizing pay for Fire Department employees and
Police Department employees, and treating Fire Department personnel as important as the Police Department personnel.
Mayor Dale reported that Commission McClanahan had a degree in Criminology.
Commissioner Williams - Reported she had met with County Commissioner Daryl McLain to discuss the
renaming of Airport Boulevard to Dr. Martin Luther King Boulevard, and in view of concerns that had been expressed,
they decided that each would go to their respective Commission to ask for support of a memorial type of project. This
project would consist of a Memorial MLK Highway, with Airport Boulevard retaining its name. She asked for support of
the proposal from the Commission, and approval for City Manager VanDerworp to meet with County Manager Kevin
Grace and create a formal proposal and bring the particulars back to the City Commission. City Manager VanDerworp
reported that the concept for the proposal is a concrete base with a bronze plaque with relief, at both ends of the roadway.
Mayor Dale reported the Commission should authorize the City paying for a marker at one end of Airport Boulevard, and
the County paying for one at the other end. The marker should be large enough to read, and printed on both sides. The
Commission concurred and authorized the City Manager to work with the County Manager and bring back specifics to the
Commission.
Commissioner Lessard - Thanked Chief Tooley for his response and assistance in addressing the concerns
of Lewis and Andrea Fine and their neighbors.
Mayor Dale - Thanked the Police Chief and his department on their participation in Commissioner
McClanahan's funeral.
Commissioner Williams - Reported that Sanford has lost a great humanitarian in Commissioner
McClanahan. She also commended Chief Tooley and his Officers for the presentation at the Boys and Girls Club on
Saturday. Also, she commended the Police Officers and the Sheriffs Officers on the way they handled a situation at
Academy Manor on Sunday evening. She reported that at some point, the City is going to have to learn to deal with the
situation where there is a park where 500 or 600 people gather without a permit, with a disc jockey. People who live in
Academy Manor could not get into their homes, because the driveways were blocked and cars were parked on the street.
Most of the people who were at the park did not live in Academy Manor.
· ' There being no further business, the meeting was adjourned.
Attest: