HomeMy WebLinkAbout060997 ws/rm min.48O
E405354
MINUTES
City Commission, Sanford, Florida WUIRK SFSSION
June 9
The City Commission of the City of Sanford, Horida met in Work Session Monday, June 9, 1997, at 3:30 o'clock P.M.
in the City Manager' s Conference Room, City Hall, Sanford, Florida.
Present: Mayor-Commissioner Larry A. Dale
Commissioner Whitey Eckstein
Commissioner Velma Hayes Williams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
City Manager William A. Simmons
Acting City Clerk Cynthia Porter
Absent: City Attorney William L. Colbert
City Clerk Janet R. Dougherty
Planning for implementation of employee regrades.
City Manager Simmons read his recommendations based on the personnel regrade/merit system. He. stated he believed
it was the objective of the City Commission to keep city employees' pay comparable to other local jurisdictions. He reviewed
the present system before giving his proposals which, in some cases, indicate a change to the present system.
Under the present situation all classified employees, all City employees except the City Commissioners and temporary
employees, regrades function through the merit pay system. Personnel rules adopted by the City Commission prescribe an up-
and-back movement - up the pay scale and back down the merit ladder, movement at the time of an annual merit evaluation,
as the method of implementing a regrade. Merit pay operates as a .part of annual performance evaluation systems. Evaluations
are due on the date of an employee' s date of classification, which may be the date of entry into the City service, or it may be
different as a result of a subsequent promotion or special evaluation.
Merit pay is the means whereby an employee progresses from bottom to top within his or her specific job classification
pay grade. Merit pay is directly coupled to performance evaluations and may generate a change in pay step of no grade change
(0%), one step (3%), or two steps (6%) depending on whether the employee is rated "satisfactory", "above average", or
"outstanding". In recent years, across the board merit pay has averaged nearly five percent (5%) per year reflecting employee
movement toward the high end of the scale. This, of course, has a significant impact on City personnel costs.
The present system for implementing regrades does not work well or smoothly as a means of keeping individual
employee salaries "comparable". (This was a significant issue at the time of the FOP Bargaining Unit contract approval since
individual employees' did not receive any pay adjustment until their next annual performance rating evaluation, and then
because of the up-and-back system previously mentioned, immediately generally received very little increase, the increase
being at the time the individual reaches the high end of the scale which has moved upward). By comparison, a cost of living
allowance, or COLA as it is commonly called, works easily in terms of simply incrementing all pay scales and all steps within
pay scales by the specified percentage. Benefit to the employee starts immediately with the effective date of the change.
Projected General Fund merit pay costs for Fiscal Year 199%98 will be approximately $650,000.00. This is not a one
time cost but is cumulative from year to year. At present, the City Commission has no control over this increase other than
by limiting the total number of employees of the City.
Proposal:
The salary survey conducted by David M. Griffith has shown a significant lag in pay scales of many City employees
compared with other governments in Seminole County and the surrounding area. In order to attract and retain qualified and
motivated personnel, as well as to treat present personnel fairly, I recommend that the salary survey information from David
M. Griffith, as it will be modified by the change order that this Commission authorized, be fully implemented October 1, 1997.
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I recommend that the City Commission agree to adopt job classification regrades, not across the board COLAS, as the
primary means of maintaining pay comparability for our employees in future years. This will recognize that pay scales of
different pay classifications do, in fact, move at different rates. This is as a result of demand in the marketplace. The wide
spread of differences reported by DMG is demonstrative of the fact that our pay seales have in fact not moved in the same
directions as some job classifications in the surrounding area.
I recommend that the City Commission conceptually agree to do a regrade analysis as necessary, probably bi-annually,
and to implement indicated regrades at the beginning of the following fiscal year. In this case, we have done the analysis, the
recommendation would be to implement the regrade October, 1997, and the next bi-annual would be probably October, 1999
as an adjustment.
The DMG Contract Change Order recently approved will an provide an integrated classification system by early August
for regrade implementation 10/1/97. We have done a preliminary in-house assessment. Estimated cost of this regrade for FY
97-98 Budget will be approximately 9%.
To accomplish the foregoing, we need to change our Personnel Rules to decouple the implementation of regrades from
the merit system. If the City Commission approves the concept, Personnel Rules will need to be changed effective 10/1/97.
Also, the up-and-back provision of the present Personnel Rules will need to be eliminated in order for employees to
immediately see the benefit of the approved regrade.
I also propose concurrently to change the method of progression of an employee from entry level to top out within
his/her classification, to cause this movement to occur based upon satisfactory time and service to the City, not as a merit
consideration other than satisfactory versus unsatisfacWry. Presently we have fifteen (15) steps between entry level and top
out which account for a roughly 45 percent increase in pay, from entry level to "top out", in all of our different classifications.
I propose that satisfactory time and City service be utilized as the basis for progress/on with an annual longevity increase to
be applied as a uniform percentage between all steps within a specific grade. If we continue with a 3 percent per year, the time
for "top out" would be fifteen (15) years. (With the present roughly 5% rate of merit pay increase per year, we are seeing a
"top out" in about eight (8) or nine (9) years. So, the rise is on average faster than what would be provided here.) It would
be possibIe to vary that percentage by having more or fewer steps to move the 45 percent change from bottom to Wp. Noting
that this would not be merit pay, I would note that a 3 percent change per year would fit directly into our present fifteen (15)
step plan where a person would, after the regrade, come out at exactly the same step level that they are at right now. I think
the thing the City Commission needs to decide is what percent of pay increase you want to have each year function as a
longevity which basically increments the total across the board pay costs to the City. With an implementation starting in
October, 1997 your annual cost would be three (3) percent, if you do a three (3) percent number, however with the first year
of implementation that cost would be more closely approximate to 1.5 percent, simply because in the first year you have people
scattered all around the year in terms of their anniversary date, and this would be tied to the anniversary for service date. So
your bell should curve.
I also propose to change the Performance Evaluation System to make all evaluations due at the end of the fiscal year
for which all employees are being evaluated. I believe this would allow for a more objective comparison of performance
between individual employees within the same work unit, within the same division, within the same department. It would also
allow the evaluators to evaluate that employee' s personal performance, as well as his performance in support of the mission
and goals of the work unit, and to evaluate that against the actual accomplishment of goals of the unit for which the employee
works. If this concept is adopted, effective October 1, 1997, all performance evaluations for Fiscal Year 97-98 would, in fact,
be due on September 30, 1998. There would be no individual evaluations, or special evaluations during Fiscal Year 1997-98
prior to September 30.
As a part of this system, rather than have the merit pay increment the employee' s basic salary, which has been basically
a lifetime effect, I recommend that merit pay be handled as a one time "special pay". To facilitate a merit pay system such
as this, the City Commission could allocate in the annual budget a specific percentage of the departmental personnel pay to
be distributed amongst the employees at the end of the rating period based upon the rating of those employees. I would
recommend that the department heads' salary not be included in that number but rather that be put into a separate pot, since
I will be evaluating department heads, and the department heads will be evaluating all of the people in their department. Since
evaluations occur the last day of the fiscal year, actual payment of this "special pay" could occur at the beginning of the
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following fiscal year, out of funds appropriated for the following fiscal year. If the City Commission approves this concept,
details cotrid be worked out carefully over a period of months since initial application would not occur until September 1998.
If this concept is adopted I would propose to budget no merit pay allowance for the FY 1997/98 budget.
With the periodic regrades based upon salary analysis any further across-the-board COLAS should become unnecessary
unless the nation as a whole gets into an unusually high (double digit) inflation cycle, like we saw once before. If that occurs,
an interim year COLA could be authorized which would directly impact all employees equally and which would also reduce
indicated regrade percentages that would otherwise show up at the next full salary survey the following year.
We anticipate, based on the information we have from DMG, that very few City employees will be found to require
no pay adjustment as a part of this regrade proposed for October 1, 1997. There will be a few who will not get any pay increase
whatsoever coming off this regrade. Anticipating that moderate inflation will continue as a way of life in our country, it might
be appropriate to consider a small COLA increase, effective October 1, 1997, which would address all employees including
those who receive no indicated regrade, recognizing that if the COLA is applied before any regrade is applied, it simply reduces
by whatever the COLA percentage is, that regrade. That way everybody gets something at this point in time. It might be very
smaI1 in the case of the few employees who are not scheduled for a regrade, and it would "wash out" within the next salary
survey if we have any type of an inflationary trend at all.
City Commission direction is requested regarding the foregoing in order that I may reflect the directions from the City
Commission in the budget to be presented on June 30, 1997.
As a separate but related issue, we presently have sixty-five (65) employees who work less than a 40-hour week. Most
of these employees are non-exempt under FLSA standards which says that any time they work overtime they get paid overtime.
However, there is also a good number of these people who are exempt employees, therefore not eligible for overtime pay.
Thirty-seven and a half (37 ½ ) hour classifications presently include secretaries and clerks, customer service representatives,
building and code enforcement inspectors, engineers, land development coordinator and associate planner, purchasing agent,
most of the people in the Finance Department and certain individuals in Recreation. Basically, you have these people in this
category in a position of delivering service to the public on a seven and one half hour day basis, also supporting and interfacing
with other branches in the City which work a forty hour basis minimum. Most Department Heads have agreed in
recommending that we move to a uniform minimum 40-hour week in order to provide greater time for City Hall to be open
to the public, to reduce the incidence of overtime, to provide for flexibility of hours, especially where such employees are
providing direct support to 40-hours per week operations, and to provide some relief for requested new clerical positions which
I expect to be forced to recommend denial because of budgetary constraints. I recommend that the City Commission approve
the conversion of all existing 37 ¼ hour positions to 40-hour per week at a constant hourly rate as it may be modified by the
salary survey. This change will increase the yearly cost for those employees roughly 6.66 percent at an estimated cost of
$110,000.00 for FY 97/98. If the Commission approves this concept, I will work diligently to fund these dollars within the
proposed budget.
This completed the City Manager's recommendations. The Commission discussed the City Manager's
recommendations and called for clarification and review of some of the issues addressed.
Commissioner Lyons felt the Commission should not consider a COLA this year if we are going to get away from it
altogether. He questioned the timing of regrades, thought maybe yearly was too often, also, he didn't feet regrades this year
were necessary. He asked if the merit pay would be a one time thing, or if it would stick with them throughout their career.
City Manager Simmons explained he didn't like to use the term "bonus" but it would be the best explanation; it would not
increment their base pay which would only be incremented by their time and service progression. Commissioner Lyons asked
whether this one lime pay would be taken from the General Fund or taken out of the department budget, and if the Commission
was to budget more money for each department for this purpose. City Manager Simmons explained it will come from the
General Fund for those departments that use the General Fund, enterprise for the others. There would be a separate line item
in each department's budget, appropriated by the Commission, for these funds. Commissioner Lyons stated the Commission
needs to look at the performance evaluation forms we presently use, and the job descriptions or requirements of the job. The
City Manager stated we presently have the job descriptions which the department heads continually certify are up-to-date and
we presently are going through questionnaires which are a part of the DMG study which will elucidate additional information,
basically a check on what the supervisor thinks the employee is supposed to be doing versus what the employee thinks he is
supposed to be doing or is doing. Commissioner Lyons stated if we are going to base our pay scale on what other cities are
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paying our job descriptions or requirements should be somewhat similar as weIl. City Manager Simmons concurred.
Commissioner Williams asked for clarification on whether he was not recommending across the board COLAS. City
Manager Simmons stated as a general rule he wants to get away from across the board COLAS as a single means of
maintaining parity because he firmly believes, and the salary survey shows, that the comparable pay of different positions
moves at different rates depending on the law of supply and demand as a primary factor. Commissioner Willjams was
concerned if City Manager Simmons' proposal would allow all employees to get a raise. City Manager Simmons explained
the annual time in service increment will be based on satisfactory performance and will allow every employee who achieves
satisfactory performance to receive that increment on whatever the t/me period is. If there is an employee who is not
performing satisfactorily, he categorically believes he should get nothing and probably should be headed towards the door.
Commissioner Lessard stated in his estimation that in the current structure we have is spiraling to what will eventually
be chaos and we will not be able to sustain the revenue increase forever to meet the current raise structure demands we have,
because it only compounds itself The City Manager stated his recommendation would be that the Commission reduce that
rate of compounding from roughly 5% down to either 3%, or if you want to push it down to 2-1/2% or 2%. What that says
is it is longer than fifteen (15) years to top out. At roughly 2-1/2% it would take twenty (20) years to top out.
Commissioner Eckstein felt that the employees are not going to feel they are being evaluated fairly as compared to other
departments' employees. He feels that when a person does their job they deserve a COLA, if they are not doing their job they
shouldn't be working and fithey're doing better than their job they should be advanced. He feels we need a system where we
can get rid of bad employees and the fairest way to reward those that are doing their job is with a COLA. If you want to go
beyond a COLA reward people with a promotion. He cautioned about setting up department against department.
Mayor Dale stated he is not against giving somebody an increase, but there are times you need to look at your projected
revenue.
Mayor Dale's trip to London.
Mayor Dale reported his trip to London was very informative and enjoyable. They visited London; Coventry; Belfast,
Ireland; South Wales and Cartiff They met with some of the Chairman's of the Board and board members, and toured some
of the facilities. He reported that the airports they visited were run very well, and they have to run their own air traffic conUol
system. He was impressed with their efficiency and commitment.
Assignment of Lease to Baker Farms. Inc.
City Manager Simmons reported the information presented to the Commission on this document is a request from Tom
Speer to approve the assignment of a lease from Albert Clark to Baker Farms for the cattle raising side of site ten. This
assignment would'have the same lease remain in effect since we change nothing but the name of the lessee. City Attorney Bill
Colbert has reviewed the agreement as well as City Manager Simmons and Paul Moore, and they all recommended approval.
Right of Way Use Agreement for Time Square Bistro.
City Manager Simmons reported the Commission received backup on this request including a drawing, and it has been
approved as a Certificate of Appropriateness by the H/stor/c Preservation Board. At last Thursday' s meeting the Planning and
Zoning Commission approved a Conditional Use for alcoholic beverage sales at this location. The issue here is a Right of
Way Use Agreement, using our standard Form of Agreement which would facilitate this. Mr. Yose~an, who is requesting
Right of Way Use was in the audience and available for any questions. City Manager Simmons stated he originally had some
concern about coming out to the center line of Magnolia Square with this particular program even though he recognized that
it would be problematical for this to go along in front of another piece of property, such as spreading it towards the north;
bearing in mind that we can establish conditions whereby the holder of the permit could be requested to relocate his tables,
for instance when we are having the Cl-~r/stmas Festival or anything else.
Commissioner Eekstein questioned what will happen to the tables at night or during severe weather. City Manager
Simmons stated the tables are to be made of material to withstand most storms, and will be chained or secured. Commissioner
Lyons questioned where these tables would be stored and Mr. Yose~an answered he has a storage area with double doors in
the rear of his building to put the tables in during severe weather or special events.
Jennifer Singeisen of Sanford Main Street reported they are very much in favor of it.
City Manager Simmons asked Jay Marder if there were any particular conditions recommended by the Planning and
Zoning Commission to be incorporated in this Right of Way Use Agreement. Mr. Marder stated that all conditions were
incorporated in the Agreement and memo of support dated May 15, 1997.
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City Manager Simmons called to the attention of the Commission that the requested approval should include the
conditions outlined in the May 15, 1997 memorandum to the Commission from Jay Martier, and this memo would become
part of the Use Agreement.
ASreement for Jeweft Lane Improvements.
City Manager Simmons reported he had provided a copy to each Commissioner of a proposed Interlocal Agreement
between the City and the County that will facilitate the improvement of that section of Jewett Lane lying between Airport
Boulevard and Bevier Road, to bring it up to a standard width roadway and right-of-way. The County has obtained a
conditional dedication of right-of-way on the south side of Jewett Lane to the County. The County would design and fund this
project under a part of the County' s penny sales tax for road improvements, using part of the money allocated for the City of
Sanford project. One of the objectives, which the City Manager sees, is to eventually get Jewett Lane improved all the way
from Airport Boulevard out to Sanford Central Park, to provide an alternative east/west corridor through what will be
significant future commercial development, without having to rely on State Road 46. This whole construction will be at no
cost to the City' s General Fund.
Commissioner Lyons asked if the CSX railroad crossing could be included in this improvement. He felt most of the
crossings in the city needed these improvements.
The City Manager explained the only issue in improving (and he felt Commissioner Lyons was referring to rubberized
crossings) at that intersection is whether that gets ~mded as a part of the City project or as a part ofthe County project for the
area of 25th Street west of the railroad. Discussions with the County reveal absolutely no argument that it should be done.
In that area we will be necking down from a four lane divided at Airport Boulevard to a four lane undivided as we now see
it where you cross the railroad. City Manger Simmons felt it would probably come out of the City project but it definitely
needs to be done.
Proposed utility reloeations.and extensions around the Orlando Sanford Airport.
City Manager Simmons asked Paul Moore, Director of Utilities to advise the Commission on the funding prospectus
and rev/ew of the sprea~heet done by Conldin, Porter and Holmes with our oversight, in regard to relocations and extensions.
He reported the purpose was to review with the Commission where we think we are financially and planning/scheduling wise
with the various utility relocations associated with the County's road construction program and the extensions around the
Orlando Sanford Airport. This message needs to go to the County relative to our plans for the water and sewer out around the
Mr. Moore reported the County basically has a four year program, with years two and three having the bulk of it. He
explained this is the first part. There were some changes last week as a result of a Ietter from the County, where we were
hoping to leave some of the utilities in place but now they have to be relocated out from under the pavement, so some of the
costs are going to change a little bit. We are hoping to fund them with operating funds in the next three years so the capital
funds will basically be tied up for those three years. He reported the spreadsheet included a list of the relocations and
extensions as well as a map of the various projects.
Commissioner Lyons asked if these were County projects. Mr. Moore explained that these are County projects but they
include City roads which we will be reimbursed for. The County roads are ones where the City has utilities in their road right-
of-way so at their will if they tell us to move them we have to move them.
Commissioner Lessard asked if the project on CR 427 and Longwood is being completed before ours or simultaneously
with ours. Mr. Moore stated he thought the CR 427 project was ahem of ours. He reported they are trying to do these in
phases and some of them have to be done prior to the County's projects. They basically are following the County' s schedule
on their road improvement projects.
The City Manager pointed out that a number of these projects has changed on the County' s schedule significantly. They
really don't expect any acceleration of these projects but could certainly experience some slippage backward. If there is any
good news it is that this project was one that was identified to be done anyway as a part. of full support for the utilities in the
vicinity of the Airport and east of the Airport, so we simply are being caused to do it maybe a year or two or three earlier than
we would otherwise have had to. This will put a strain on the utility pay-as-you-go basis. It appears looking at the smalI
amount in 1999/00 that by the time we get out to that year we will have the ability to either fund that project or to repay a short
term line of credit loan, which we might have to take out on that particular project to keep it in sine. Based on this particular
analysis, at our present rote of revenues and costs, we expect to be able to cash flow these significant projects without having
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to do any utility bond sales, or associated long term borrowing.
Mayor Dale expressed it might be a good idea to go ahem and set up a line of credit to use or not use at our discretion.
City Manager Simmons stated that is on the work schedule and will be accomplished witbin the next month or two. They will
actually go through an RFP to establish that line of credit. It may very well be a City line of credit rather than a Ut/lity Fund
line of credit. This will give us additional flexibility other than the reserve at the SBA. Mayor Dale stated this will mean you
don't have to go to a bond issue if you get caught short on your operathng revenues, you can still go ahead and do these projects.
Mr. Moore reported that he felt the middle of next year and the following year will be the crunch time and they may need some
short term bonds.
[Mayor Dale turned the meeting over the Commissioner Eckstein and left the meeting.]
Canada Life hsuranee rate renewal
City Manager Simmons explained that Tim McCauley, Personnel Director has been doing the contacts on this and they
felt it appropriate to put this proposal to the Commission at this time.
Commissioner Eckstein observed that this was a twenty percent (20%) increase.
Mr. McCauley reported that last year was not a good year mortality wise.
The City Manager reported that the dollars related to this were not large dollars even City wide. Tbis is why they
recommended carrying it another year and then see what it looks like, rather than rebidding it at this time. Mr. McCauley
assured the Commission that if we bid it at this time we would take a beating.
Agreement for membership into Florida's Certified Local .Government Program.
Mr. Andrew VanCraale reported that for several months he has been work/ng with the Department of State, Div/sion
on Historical Resources on getting our Historic Preservation Board part of the Certified Local Government (CLG) Program
wh/ch the state offers. Some of the membership benefits are that, it allows the program and our Historic Preservation Board
to participate more fully in the Federal program, it allows the board to do such tbings as review National Register nominations,
it allows us to have access to a clearing house of /nformation at the Department of State and Florida master site files and gives
us more technical assistance with them. Also, there are set aside grants every year that come through the Legislature and then
through the State specifically for the Certified Local Governments. Right now there are about tbirty (30) Certified Local
Governments in the state, and the yearly average on the grant allocation has been about $65,000.00 or $70,000.00. The grants
are used for things like updating site files and surveys and to maintain an inventory of documentation; also for training for
preservation boards and conferences. The CLG would allow the Historic Preservation Board and the City to administer the
local ad valorem tax exemption ordinance if we choose to adopt it. This tax exemption can grant a 100% exemption on any
increase or any improvement made to a property provid/ng that improvement is worth 25% or more of the adjusted value of
the home (not the land). The exemptions run for ten (10) years. Th/s is only a City tax exempt/on. We feel this is an economic
incentive for the community in the Historic District.
Commissioner Lyons quest/oned who would assess the improvements for tax exemptions. Mr. VanGaale stated there
is a two part application form; on the first part the applicant would document what he was going to do and how much he was
going to spend on the project, and the first part would be approved through the Historic Preservation Board, providing it meets
all the standards. Once the project is done, which has to be witbin two (2) years, then part two of the application would be
filled out and it would be determined if that money was spent by study/ng contractor's bills, permits, etc., then it would go to
Bill Suber, Seminole County Property Appraiser, and they would grant the exemption on the following January 1. These
percentages can be set by the Commission.
Commissioner Lyons asked if this would put any more demands on our Historic Preservation Board or our Ordinances.
Mr. VanGaale reported there are a few more procedural demands.
Commissioner Lessard asked if the tax exemptions are going to be limited to homesteaded properties or are those for
commercial properties. Mr. VanGaale reported they are for homeowners, commercial projects and non-profit projects are
d/fferent. He pointed out that it does not have to be a homesteaded property but can be any residential property whether it has
a homestead exemption or not. The County also could give an exemption. Commissioner Lessard felt it would be nice to get
the County involved also.
Agreement to facilitate the development of three lots prior to completion of infrastructure in Sanford Central Park
Phase IL
City Manager Sinm~ons reported that the copies given to the Commission of the Agreement signed by Don Bauerle were
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rough copies and will need to be cleaned up, but them will be no changes in the language.
Mr. Marder reported this Agreement wiI1 facilitate the development of two high-tech type businesses in the second
phase of Sanford Central Park.
Request for temporary Variance or Exception to Policy or Code.
City Manager Simmons referred to a letter dated May 14, 1997 from Tom Dale, representing Stooges. Stooges
requested to be granted a variance or exception to the policy regarding distance between establishments. The City Manager
reminded the Commission at this point in time they have adopted an Ordinance which changes the alcoholic beverage section
of the code and are going through the process of changing the part of the Land Development Regulations which we beIieve
need to be changed before the new rote as adopted by the Ordinance for distance separation can be fully implemented. City
Manager Simmons stated he has some concern about the City Commission granting a waiver or variance which essentially
presupposes what action is going to be taken by the City Commission after Public Hearings on the Ordinance to amend the
LDR have been completed. He asked Jay Marder, Director of Planning and Zoning, when it was to go to the Planning and
Zoning Commission for Public Hearing. Mr. Marder stated it was scheduled for June 19, 1997.
Commissioner Eckstein asked if the City Ordinance took precedence over the LDR and City Manager Siretalons
informed him that no it does not when there is a conflict.
Commissioner Williams asked if Stooges weren't grandfathered. City Manager Simmons explained that there is no
grandfathering associated with this because they have never had anything other than beer and wine at that location. They have
a 4-COP license which they have never been able to activate. They want to sell liquor, but we changed the rules previously
applicable to liquor sales, made them all the same, and the distance that Stooges is from the churches cease to be a problem.
However, a part of that same Ordinance that was previously adopted dealt with now treating all categories the same. The LDR
as it now exists stilI has two separate categories, a beer/wine oniy category and an alcohol regardless of content. This is a
proposed change which is in the works right now, to obliterate those two categories in the LDR and come away with only one.
Commissioner Eckstein questioned how long they were going to stall this out if the intent of the City Commission is
to allow these people to have it. City Manager Simmons stated if it is the intent of the City- Commission to do this all it takes
is a vote tonight to grant a waiver.
Commissioner Lyons stated the LDR was the Planning and Zoning Commission ' s area of expertise and they should have
the oppommity to look at this, make comments on it, vote and go on record as to say how this should be treated. He would
also like for the Planning and Zoning Commission to address the issue of grandfathering.
Extensive discussion followed concerning grandfathering and the intent of the City Commission in regards to
grandfathering and the related Ordinance. City Manager Simmons explained that previously there were more than two
categories on the liquor side and those were combined into one. There are still two categories in the other side and the problem
is that there are two establishments in the same building (both of which are beer/wine) which breaks the 500' role. If the
category is changed on one of those, which is what is requested, then there would be a violation. However, if the two
categories are combined into one, which is what is being proposed to be done, then Stooges can be "grandfathered".
Commissioner Lessard asked that under the new Ordinance that did pass, is it really a change of use. If they already
are beer/wine and nowbeer/wine and liquor are alI the same, is it a change of use to just add more of the same?
Mr. Marder stated that we are trying to align the zoning code with the chapter on alcoholic beverages.
Building Outline Lights Installation.
City Manager Simmons discussed a report from Community Redevelopment Agency for downtown. The CRA has been
discussing and considering a proposal that Comm/ssioner Van Der We/de from the County brought back from a trip to Kansas
City, in which buildings would be outlined with lights spaced about a foot apart and lit during the holiday season, as well as
other festive events, The notion is that over time the public, as well as private buildings, in the downtown area would have
permanently installed lights along the outline (the comers and the roo~ine). The recognition is that public money should not
be used on private buildings but rather kept for public buildings and perhaps that the two public buildings in the downtown
area, the City Hall and the Courthouse, might be an initial location for the installation of these lights by the two respective
agencies, possibly with the CRA offering to provide some financial assistance from their committed dollars. As a means of
beginning to expand this through the downtown into the private area, it is possible Main Street, as they have done facade grants
in the past, might choose to do grants on the private side to encourage this.
E405354
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City Commission, Sanford, 'Florida
487
~RK SFSSION June 9 19 97
Commissioner Eckstein asked what the effect was i.n Kansas City. City Manager Simmons reported that the effect in
Kansas City was to create a tremendous attraction in terms of the appearance of the downtown area and from what he
understood from Commissioner Van Der Weide and also from the former County Manager who talked to the people in Kansas
City, they feel that it has been very positive in making the downtown "center city" a much more attractive place to be. From
our standpoint he feels it would show Sanford well from across the lake and from the air, and it would show do,a,atown Sanford
in a much more festive light since they could be turned on and turned off and actually augment existing or planned new street
lights up and down the street. The lights would stay on the build/ngs permanently and would be turned on whenever
appropriate.
Comrn/ssioner Lessard asked what kind of lights they would be. City Manager Simmons stated he thought they would
probably be about a 15 Watt clear bulb with a standard base and some permanent wir/ng that would be ultrav/olet resistant.
Commissioner Eckstein asked what the cost to the CRA would be. The City Manager stated it would probably have
to be put out for bid. A figure of $3.00 per nmn/ng foot for installation has been suggested but obviously that will vary with
the type of the job. The County Manager is still interested, reflecting the interest of some of the County Commissioners in
pursuing this. If this Commission is interested the next step is to prepare a bid spec and bid it.
Commissioner Lyons was concemed about how they would look un-illuminated hanging on the building all year long.
City Manager Simmons stated he would attempt to get some pictures from Kansas City of the buildings during the day. He
felt he could have some pictures with two (2) weeks.
City Manager's report.
A. Commissioner Lyons reported he has a conflict on June 16 with the Executive Session that was previously
scheduled for that day. The Commission agreed to hold the Executive Session on June 23, 1997 at 3:30 p.m.
before the regularly scheduled Work Session.
B. City Manager Simmons designated Sandy Moore and Keyin Smith as Interim ColDirectors of the Finance
Department. Both will report directly to the City Manager in their assigned areas of responsibility. Both
individuals will attend Department Head Meetings, and one or the other will attend Commission Work Sessions
and Regular Meetings. Both of these employees are exempt and work a regular 37.5 hour week. He would like
the Commission to approve increasing their payable work week to 40 hours for thei duration of this interim,
retroactive to May 30, 1997.
There will be an Ordinance for first reading at the Regular Meeting tonight. It may become moot, but this
Ordinance basically specifies that any time in the future there is a department head vacancy, where a 37.5 hour
week employee is desigrhated as the acting deparmaent head, this would automatically kick in without coming
back to the Commission for a separate Ordinance.
[Mayor Dale rejoined the meeting and took back the chairmanship.]
Carpet Specifications.
City Manager Simmons addressed the proposed bid advertisement specification that was provided to the
Commissioners. This will give the vendors the abil/ty to bid one or both of two different grades of material. Brand names are
used to indicate that these are m/n/mum standards and not a propr/etary choice. The City Manager recommended splitting this
out and offering two different .grades, to enable a good direct comparison on costs and attempt to have a good comparison on
the quality. He asked for concurrence with the specifications, .with no decision to be made at this time until bids are opened
and reported back to the City Commission.
Jerry Herman, Public Works Director reported the sealing work will be started th/s week some time and the carpet will
be done after the sealing is completed. ,The sealing should take about two or three weeks. Mayor Dale commented that this is carpet for the second floor of City Hall.
Jerry Herman presented samples of the carpet to be put up for bid, reported the selection of color would come later,
and that he prefers to have the same color everywhere for simplicity.
Mayor Dale commented the money is set aside in the reserves to complete this project and we would be remiss by not
going ahead with it. However, he did not want to put out an RFP and then decide not to do it.
Mr. Herman reported that the estimated cost at this point is in the $7,500.00 range. City Manager Simmons commented
one of the significant factors in what the cost is going to be is that we must continue operations in this building while this is
going on, and a lot of this work is going to have to be done at night and on the weekends to keep the!City business going.
48.8
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City Commission, Sanford, Florida
W~R~< SF,%T~N 3une 9
Commissioner Lessard was concerned if we should replace the carpet if we are considering selling the building. Mayor
Dale felt if we sold the building it would be four or five or six years down the road.
Commission Meetinl/Minutes.
Mayor and Commissioners requested that Commission Minutes for the previous meeting be placed as a separate item
at the top of the agenda for each meeting.
Board appointments and re-appointments.
Commissioner Willisins distributed an Application for Appointment from Katheryn J. Alexander for the Civil Service
Board.
Regullr Allends Item
A. Commissioner Lyons asked if Mayor Dale or City Manager Simmons knew the status of the nude bars in
connection with the County. Neither really knew. Commissioner Lyons felt strongly that we need to assure
there were no new establishments opened in Sanford. Mayor Dale stated we should know more after the
Planning and Zoning Commission meeting tonight. Commissioner Eckstein stated the Planning and Zoning
Commission has to create the zoning.
B. Commissioner Lessard questioned what the incident was that occurred one of the first weekends that a police
presence was established in Goldsboro. His understanding was that a police car was attacked or vandalized.
ChiefDillard and Sgt. Danel Brewer reported that there was an incident involving alcohol and a weapon and
the closing of one of the establishments that there had been a lot of complaints about. The officers were talking
to the owner of the establishment when the car was rocked and attacked.
Commissioner Lessard stated h/s only concem was for the safety of the officers.
City Manager's report (continued).
C. Will be asking for a vote tonight on an Agreement for Federal Revenue Sharing to facilitate continued receipt
of the Federal Law Enforcement Trust Fund dollars.
D. Will be asking tonight for action to dedicate a non-exclusive easement over city owned power right-of-way by
Groveview, to facilitate a clear right of ingress/egress for Sterling Woods Subdivision from Lake Mary
Boulevard. The City owns the underlying fee. The power company already has a perpetual easement over this
property for power transm/ssion purposes. He is recommending approval of that action tonight to authorize the
signing of an easement for this access road.
E. The Commission previously approved a special event for Sanford Main Street for the 4th of July at Ft. MeIlon
Park. At that time the special event called for street closures on I st Street and Seminole Boulevard for that
Friday holiday event starting at noon. He is in receipt of a request that the street closures be effective as of 8:00
a.m. on that day to facilitate the set-up of the stage and other activities.
Also, for that same event, we now have a request that shows up to four concessions areas; two along the 1st
Street side and two along the SeminoIe Boulevard side within the area, which will be food, soda and proposed
beer in those locations. Previously there had been an anticipation of probably one beer location and what they
are trying to do, with the anticipated crowd, is spread that out. City Manager Simmons informed Main Street
that in supporting this he would put the condition forth that beer not leave that park area. This would be
controlled by police as necessary.
F. Sanford Main Street has submitted an application for a reduced rate for the Civic Center for their fund raiser
on June 14, 1997, an alcoholic beverage event.
G. Will bring forth tonight for a vote approval of the Police Department Consultant Contract with Public
Administrative Services in the amount of $53,830.00. Mayor Dale stated he had given a tour of the City to PAS
and showed them what we were doing.
H. Reported that Commissioners received an unstaffed letter from Ms. Clara Delano regarding 801 Magnolia
Avenue. The letter is being staffed and hopefully more information will be given to the Commission on this
issue at the June 23, 1997 Commission Meeting relative to staff recommendations. There are some serious
questions as to whether or not Ms. D¢lano has requested a fire inspection.
Commissioner Lessard questioned ifh~r time is still unexpired on this issue.
Commissioner Lyons asked when her time would run out.
B05354
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City Commission, Sanford, 'Florida
489
WORK SFSSION June 9 19 97
City Manager Simmons reported that the termination of her license was the 23rd of December, and the next
meeting wiI1 be exactly six months.
The Mayor asked for clarification on who does the fire inspection.
City Manager Simmons reported that the fire inspectors do the fire inspection however, as of the last time we
looked into it, she had not requested it. She was in fact sent a letter telling her that she had to request a fire
inspection to get the fire inspectors to come, because the fire inspectors can't come on her property without her
request. City Manager Simmons stated we will communicate back to her post haste that, we told you before
and we'll tell you again, you need to have a fire inspection, invite the fire people in, if you want to get
inspected, otherwise it doesn't happen.
Stated he had talked to each one of the Commissioners regarding emergency .water service for 333 Rose
Avenue. Tonight he would like to ask for a formal vote on that for the record. He would also like to discuss
at a subsequent work session the idea of the City Commission adopting a policy authoriz/ng the City Manager
to approve emergency water service on an outside the City basis in enclaves where there is insufficient
infrastructure and we don't want to annex the property, to go ahead and provide the water as a humanitarian
effort without waiting for another Commission meeting. It would not affect anything that is not already an
ericlave. Otherwise it would have to come to the City Commission to avoid bullcling bars to contiguity.
Commissioner Lyons questioned what services the City is required to provide to a property once it is annexed.
The Mayor stated we would have to provide fire and police protection and road maintenance. As far as the
infrastructure of this particular property there is no fire hydrant so the City cannot provide adequate fire
protection.
Comm/ssioner Eckstein asked if they would have to pay the surcharge. City Manager ~mmons stated they are
outside the City so they would have to pay the surcharge.
City Manager Simmons stated this is something he will bring to the Commission with a more specific
recommendation.
The new owners of the Tsunami Beach facility have come in with Start Smith wanting to put on an outside non-
alcoholic event on Sunday, August 9, 1997 from 2:00 p.m. to 9:00 p.m. City Manager Simmons is pushing the
Ord/nance for noise which is going to City Attomey Colbert tomorrow and wh/ch will provide some regulation.
City Manager Simmons informed the promoter of this event that we are moving towards an Ordinance that will
severely limit noise. The promoter is wanting an answer right now and City Manager Simmons informed him
that right now we have no formal basis for objecting from a legal standpoint. Any guidance the Commission
would have relative to an afternoon non-alcoholic event would be welcome.
Commissioner Lyons was concerned with the parking.
Mayor Dale suggested the Commission may in the future want to require a Special Event Permit including
parking, toilet facilities, etc.
City Manager Simmons reported that the Ordinance headed toward the City Attorney will require a permit for
any type of outside noise generation that passes beyond the property boundary whether it is on public or private
property.
Commissioner Lyons asked if this would require the purchase by the City of any special equipment. City
Manager Simmons stated part of the equipment is included, however, we basically have a permit application
for noise generation which comes before the issue of measuring noise. This is something we don't have now
in terms of permitting that covers anything besides an alcoholic beverage outside event.
Commissioner Williams asked if this would increase the number of police required. City Manager Simmons
stated as always this is the police chiefs call once we get information on the details of the event and the
estimated number of people. The presence or absence of alcohol plays very heavily into his general logic as
to how many officers he needs. Commissioner Willjams stated that the police officers should be able to control
some of the noise level. City Manager Simmons requested that Police ChiefDillard take that into consideration
when making his recommendations.
Commissioner Lyons questioned if we knew the name of the band or type of music. City Manager Simmons
stated the promoter says it is not rock, it is not heavy metal, it is not rap. It is a touring group.
490
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City Commission, Sanford, Florida
WORK SESSION J,~ne 9 t9 97
K. City Manager Simmons reported he had a meeting the other day w/th the Daytona Beach Cubs who play in
Jactde Robinson Stadium. They would like to make Sunday, June 28, 1997 Sanford Night for a double header
in Daytona. The Cubs will be playing a Kissimmee Farm Club team. We brought Mike Kirby, Recreation
Director in to try to create a tie in between the youth baseball that is played through our recreation program,
trying to see if we can generate some interest. The tickets will be $4.00 each and transportation is really ~e
issue for the kids. Mike Kirby is going to go back through the sponsors and the coaches of these groups.
Mike Kirby, Recreation Director reported there is a meeting in the morning with all the sponsors and the goal
is to get five or six all star teams to Daytona. They will sell as many tickets as they can, and at the same time
they are trying to raise money for their all star teams who will be going to all star games.
Mayor Dale reported that half the proceeds will go to the Little League and half wilI go to the Negro Athletic
Retirement Fund.
Commissioner Eckstein requested Commissioner Williams encourage some of the organizations she is involved
with to participate. Commissioner Willjams stated she would do whatever she could. Commissioner Eckstein
requested that Commissioner Lessard meet with Mike Kirby to work further on this. Commissioner Lessard
agreed.
The Commissioners viewed a one minute clip on the Soap Box Derby from the TV and, there being no further business,
the meeting was adjourned.
Attest:
F. A05354
MINUTES
City Commission, Sanford, ~Florida
REGULAR MEFTING June
491
9 19 97
The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 9, 1997, at 7:00 P.M.
in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida.
Present: Mayor-Commissioner Larry A. Dale
Commissioner Whitey Eckstein
Commissioner Velma H. Willjams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
Assistant City Attorney William Reischmann
City Manager William A. Simmons
Acting City Clerk Cynthia Porter
Absent: City Attorney William L. Colbert
City Clerk Janet R. Dougherty
Presentation of plaque to Mrs. Amos Jones.
Mayor Dale requested Mrs. Amos Jones to come forward. He reported that the City had lost a very dear ft'/end and good
citizen in Sanford and Seminole County a little over a week ago when Amos Jones passed away, and he will be sorely missed.
Mayor Dale read a dedication as follows:
"Amos Jones' whole life exemplified dedication to his fellow man and to his commun/ty. He lived and worked in
Sanford and was extremely active in a variety of community affairs. He had been the Pastor of St. Paul Missionary Baptist
Church for the last 20 years. And, for the past four (4) years, Amos Jones served in the capacity of Chairperson for the Sanford
Civil Service Board."
Mayor Dale, on behalf of the City Commission and the citizens of Sanford, presented Mrs. Amos Jones with a plaque
as a small token of appreciation.
Mrs. Amos Jones accepted the plaque and thanked the Commission.
Recognition of Diane Crews for her accomplishments.
Mayor Dale asked Diane Crews, Secretary HI to the Mayor and Commission, to come forward. He reported that Diane
not only worked hard for him and the Commission, but worked hard on her own behalf and Diane had been going to school
to further her education. She worked so hard that she had graduated from UCF Summa Cure Laude, and he and the
Commission just wanted to let her know they appreciate all the work that she does, and it exemplifies what she does on her
own behalf. Mayor Dale then presented Diane with a congratulatory card signed by himself and other members of the
Commission.
Ms. Crews thanked Mayor Date and the Commission. Mayor Dale went on to state that he felt it was quite an
accomplishment to be a wife~ mother, have a full time job and go to school and graduate Summa Corn Laude.
Citizen participation.
Mayor Dale called for any citizen participation. No one appeared.
Public hearing to consider the second 'reading and adoption of Ordinances No. 3341. to amend the City Code Chapter
3. Alcoholic Beverages. Sec. 3-1. Definitions, to add defmitions for "restaurant." "full service kitchen." and "temporary
church", and amendine Sec. 3-5, distance restrictions, to reduce distance restrictions between vendors of alcoholic
beverages and churches and schools, and to add distance restriction between vendors of alcoholic beverages. Ad
published May 29, 1997.
Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in
opposition to, the adoption of Ordinance No. 3341. No one appeared.
492
E405354
I
MINUTES
City Commission, Sanford, Florida REGULAR MEETING
3une
Commissioner Lessard moved on the second reading and adoption of Ordinance No, 3341 entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLDRDk AMENDING THE CITY
CODE CHAPTER 3, ALCOHOLIC BEVERAGES, SEC. 3-1, DEFINITIONS, TO ADD
DEFINITIONS FOR "RESTAURANT", "FULL SERVICE KITCHEN", AND
"TEMPORARY CHURCH"; AND AMENDING SEC. 3-5, DISTANCE
RESTRICTIONS, TO REDUCE DISTANCE RESTRICTIONS BETWEEN VENIX)RS
OF ALCOHOLIC BEVERAGES AND CHURCHES AND SCHOOLS; AND TO ADD
A DISTANCE RESTRICTION BETWEEN VENDORS OF ALCOHOLIC
BEVERAGES; TO ESTABLISH REPORTING REQUIREMENTS FOR
RESTAURANTS; APPLICABILITY PROVISION; PROVIDING FOR
SEVERABmrrY, CONFLICTS, AND EFFECTIVE DATE.
Seconded by Commissioner Williams and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
Public hearing to consider second readhe and adoption of Ordinance No. 3343. to adopt the Sanford Fire Department
Standard Operating Procedures Manual. Ad published May 29, 1997.
Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in
'opposition to, the adoption of the Ordinance No. 3343. No one appeared.
Commissioner Lessard moved on the second reading and adoption of Ordinance No. 3343, enti~ed:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ADOPTING THE SANFORD
FIRE DEPARTMENT STANDARD OPERATING PROCEDURES MANUAL, PROVIDING
FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
Seconded by Commissioner Lyons and carried by vote of the Commission as follows.
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration of Assifnment Of LeaSe to Baker Farms.
City Manager Simmons reported that several years ago the City of Sanford outleased to Albert Clark a portion of the
water sprayfield at Site 10 for cattle grazing. Mr. Clark, through his attorney, has requested approval to assign this Lease as
is to Baker Farms (Mr2 Joe Baker).
On recommendation of the City Manager, Commissioner Lyons moved to approve the assignment of Lease. 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
Commissioner Lyons Aye
Consideration of Right-of-Way Use Agreement for Time Square Bistro in~ Magnolia Square and for Conditional Use of
sale of beer and wine for consumption on the premises at 107 Mal~nolia Avenue.
City Manager Simmons reported they had received a proposed Right-of-Way Agreement for Time Square Bistro to
utilize a portion of Magnolia Square as an outdoor restaurant. This is in conjunction with an Application for Certificate of
Appropriateness approved by the Historic Preservation Board for this particular use, as this property is located in the heart of
the Historic District. The Planning and Zoning Commission has conducted a Conditional Use hearing and has voted in favor
19 97
E405354
MINUTES
City Commission. Sanford. 'Florida
RFGUI=AR MFFTING
493
.],ne 9 19 97
of approving a Conditional Use for alcoholic beverage sales at this location. Th/s particular Right-of-Way Use is recommended
for approval incorporating into it the conditions recommended by the Director of Planning and Development in his memo dated
May 15, 1997.
On recommendation of the City Manager, Commissioner Will/am moved to approve the Right-of-Way Use Agreement
incorporating ~e aforementioned conditions.
follows:
Seconded by Commissioner Lessard and carried by vote of the Commission as
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lessard moved to approve the Conditional Use of sale of beer and wine for consumption on the premises
at 107 Magnolia Avenue. Seconded by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration of request for variance or exception to policy or code.
City Manager Simmons reported this issue was discussed considerably at the Work Session this afternoon. This is a
request for Stooges to be granted a variance or exception to the policy with regard to the distance between establishments for
the sale of beer and wine. He explained the Commission had adopted the Ordinance which changed the distances, however,
there still remains to be done an Ordinance which will make the Land Development Regulations section of the City Code
comport with the intent of the City Commission in adopting Ordinance No. 334 I. The Planning and Zoning Commission wiI1
hold a Public Hearing next week on the Land Development Regulation change and the City Commission Public Hearing will
be held after that. City Manager Simmons recommended to not approve a waiver or variance prior to conducting the public
hearing for adoption of the Ordinance to change the Land Development Regulations.
Commissioner Williams moved to approve the request in view of the fact they had been dealing with this issue for quite
some time. Seconded by Commissioner Eckstein.
Commissioner Lyons stated he felt it. was in the best interest of the City both professionally and morally to allow the
process to continue since Planning and Zoning does have a meeting to address the LDR with reference to this specific issue.
Tom Dale spoke on behalf of Stooges. He reported he had spoken personally with every Commissioner as well as City
Manager Simmons. Mr Dale stated he had called Mr. Simmons after the May 12, 1997 Commission meeting and asked Mr.
Simmons personally what he would need to do in anticipation of the Commission approving the Ordinance. Mr. Dale stated
that City Manager Simmons recommended that he (Mr. Dale) send a letter to the Commission requesting this except/on to
policy prior to approval of the Ordinance.
Mayor Dale asked Tom Dale if there was a time frame or anything on any of the licenses that he has that motivates him
to get it going. Mr. Dale said no, but he pays $2,200.00 a month rent, and about $900.00 in power bills and $600.00 in water
bills pins all the salaries that he is paying, and he is just trying to make ends meet.
In response to Mayor Dale's question, City Manager Simmons explained the Ordinance should come to the City
Commission the meeting immediately following the Planning and Zoning hearing. The very best the Commission could do
E405354
I
494
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING
June
is have the first reading of the Ordinance on June 23, 1997 and the second reading the first meeting in July, assuming that there
are no unusual statutory requirements that deal with Land Development Regulations changes.
Larry Blair, 407 W. 251h Street, Sanford, Florida reported that this request came up over a year ago the first time, and
through a variety of reasons, and almost a comedy of errors, it has been thwarted at every attempt to get anything done. Stooges
opened up in September, 1996 complying with the City Ordinance for just beer and wine, and the economic situation creates
the need to get it done. He reported it' s like Stooges has to play by two different sets of rules, the Ordinance has been changed
to affect the distance between churches and schools, and yet now with the new Ordinance requiring 500 feet between
establishments they don't comply with that.
Mayor Dale concurred with Commissioner Lyons on following the procedures. He felt that another thirty days is not
going to make that much difference compared to going through the proper procedures.
Commissioner Williams stated she does not want to deviate from the proper procedures, and asked if by requesting
support of the variance does that mean that the procedures are not being followed.
Mayor Dale stated that yes it does. In this case it is not a request for a variance it is a request for exception. The
difference is the hardship has to be not of the applicant's own making in relation to the property that the policy or code
regulates. In this case our system allows for a change of an Ordinance that probably will alIow Stooges to operate and it's
already in the system. It Iooks like it is within thirty days of being carded out, and therefore the hardship that would not be
a precedence setting situation does not exist if we were to do this.
Mayor Dale asked Attorney William Reischmann if we are setting a precedence by making an exception to the policy
or code in relation to a distance requirement, and granting an exception to the distance requirement. Attorney Reischmann
stated absolutely.
Commissioner Lessard stated that when the Ordinance was passed it was the Commission's intent to make whatever
adjustments needed to be made in the LDR to make the Ordinance work.
Commissioner Eckstein stated that the people who voted for the motion to adopt the Ordinance intended for the LDR
to be changed to accommodate the Ordinance, and that was the purpose of what the Commission did. He.does not feel a
precedence is being set.
Mayor Dale stated the motion is to allow an exception to the PoIicy or Code for Stooges to operate with a liquor license
notwithstanding the fact that the LDR has not been changed at this point. The motion failed to carry upon roll call vote of the
Commission as follows:
Mayor-Commissioner Dale Nay
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Nay
Commissioner Lyons Nay
Commissioner Lessard stated "for the record", this has been ridiculous that we have dragged this out. This is absolutely
insane that this has dragged out this long.
Mayor Dale requested he go on the record as saying the amount of work that I have put into an Ordinance, and I want
it to be one of those that are enforceable, and for an Ordinance that before we absolutely could not have possibly operated
under, and although my motive was not to allow Stooges to open, this Ordinance is probably going to allow Stooges to open.
And I' m going to tell you I do not appreciate the looks and the clapping that I get up here working on an Ordinance that I think
~9 97
F. A05354
MINUTES
City Commission, Sanford, 'Florida
RF~tII~R MFFTTN~
4'95
3ttn~. 9 1997
will go through and you guys act like we spit on you. You are so close to getting what you want, as it happens, out of an
Ordinance that we worked hard to do, and then come up here and act like we went down on you. I don't think you could have
upheld a court challenge if we had just said no, you can't do it, .and I really don't appreciate it. It may have been a long time
coming, but they opened the bar under the auspicious of a code that didn't allow it, and then want to blame me for the hardship
when I have worked for an Ordinance that I think will be better for this City, and then you want to sit there and say it is
ridiculous. I think it is ridiculous the other way around. Anyway, the motion failed.
City Manager stated for the record that Mr. Dale commented several times that he advised Mr. Dale or asked him to
send in a letter. When someone approaches me as the City Manager, and says they want to ace0mplish something, my only
recommendation to them is if they want to accomplish their task and I don't have any authority to approve it, they have to send
a letter the the City Commission. When I tell someone that it in no way const/tutes a recommendation of what they are trying
to do, it in no way constitutes any indication that I' m going to support it. I am simply advising them that here is the way to
do it.
Request for street closure in conjunction with a Special Event on June 21, 1997.
City Manager Simmons reported Staff recommends approval of this request as part of a Special Event Application
which was previously approved with the following conditions: 1) That a license may be required depending on the types of
vendors which are operating; 2 ) An insurance certificate will be required and has not yet been received; 3 ) That the street
closure be coordinated with the Public Works Streets Superintendent; and (4) that any tents that are to be erected on the
property associated with this comply with the applicable Building Department and Fire Department rules.
On recommendation of the City Manager, Commissioner Willjams moved to close San Juan Avenue between Seminole
Boulevard and 1st Street, subject to the above four conditions, from 7:00 a.m. to 9:00 p.m. for a Celebrate Sanford Rally in
Ft. Mellon Park. Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration of Inte~ocal Agreement with Seminole County for Jewett Lane improvements.
On recommendation of the City Manager, Commissioner Lessard moved to approve execution of the J. nte~ocal
Agreement with Seminole County for Jeweli Lane Improvements between Bevier Road and Airport Boulevard to improve
Jeweli Lane to a standard width roadway. Seconded by Commissioner Willjams and carried by vote of the Commission as
follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration of Canada Life rate renewal.
On recommendation of the City Manager, Commissioner Lyons moved to extend the Canada Life contract for an
additional year in the amount of.30 per $1,000 of face value coverage for Basic Life, .47 per $1,000 of face value coverage
for Optional Life and .05 per $1,000 coverage for AD & D. Seconded by Commissioner Williams and carried by vote of the
Commission as follows:
496
~,405354
I
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING
June
9
19. 97
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Membership into the Florida's Certified Local Government Program.
On recommendation of the City Manager, Commissioner Williams moved to approve execution of the application.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Status report on condemnations.
City Manager Siremorn reported the structures on Condemnation No. 96-22 has been corrected and returned to adequate
condition and, on Condemnation No. 96-25 has been demolished by the owner, and recommended that the two structures be
removed from the condemnation list.
Commissioner Lessard moved to remove Condemnation Reports 96-22 and 96-25 from the condemnation list.
Seconded by Commissioner Lyons and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
First ReadinL, of Ordinance No. 3344 re: Increasine membership of the Cemetery Advisory Committee.
Commissioner Williams moved on the first reading of Ordinance No. 3344, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 1 OF
ORDINANCE NO. 2005 OF THE CITY CODE, TO INCREASE MEMBERSHIP OF THE CEMETERY
ADVISORY COMMITTEE BY ONE PERSON; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3345, re: increasing residential utility deposits.
Commissioner Lyons moved on the first reading of Ordinance No. 3345, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLE III, WATER,
SEWER AND DRAINAGE CONNECTION AND CONTROL CHARGE OF THE SANFORD CITY
CODE TO DELETE SECTION 28-43(d) AND TO PROVIDE A NEW SECTION 28-43(d)
INCREASING RESIDENTIAL UTILITY DEPOSITS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3346, re: adopting an amended classification and pay plan.
E405354
MINUTES
City Commission, Sanford, 'Florida
497
REGULAR MEETING June 9 19 97
Commissioner Lyons moved on the first reading of Ordinance No. 3346, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3312,
AND ITS AMENDMENTS, AND ADOFHNG AN AMENDED CLASSIFICATION AND PAY PLAN
EFFECTIVE IMMEDIATELY PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE
DATE.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration of aereement with Sanford Central Park to facilitate the development of three lots in Sanford Central
Park
City Manager Simmons reported the lots are on the east side of Central Park Drive immediately to the south of Smith
Canal. The developer has signed the copy given to the Commission, however a smoother copy has been sent to the developer
for signature.
On recommendation of the City Manager, Commissioner Lyons moved to approve the agreement.
Seconded by
Commissioner Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Civil Service Board appointment.
Commissioner Williams moved to appoint Katherine Alexander to the Civil Service Board to fill an anexpired term
and to reappoint her for a term to expire June 30, 1999. Seconded by Commissioner Eckstein and carried by vote of the
Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
~nce Abatement Board.
A. Mayor Dale reported Verdell Pugh's term expires July 8, 1997 and she has indicated she would like to be
reappointed. Commissioner Willjams moved to reappoint Verdell Pugh. Seconded by Commissioner Eckstein
and carded by vote of the Commission as follows:
B,
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mayor Dale reported Marveen H. Kelly's term expires on July 22, 1997 and she also indicated she would like
to be reappointed. Commissioner Williams moved to reappoint Marveen H. Kelly. Seconded by Commissioner
Eckstein and carried by vote of the Commission as follows:
E40~3~4
I
498
City
MINUTES
Commission, Sanford, Florida
REGULAR MEETING 3une 9 19 97
Consent Agenda.
A.
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Request from Stenstrom, Mclntosh, Colbert, Whigham & Simmons, P.A. for payment of statement in amount
of $6,260.00 for professional services in May, 1997.
B. Tabulation of Bids.
1 ) Bid #96/97-75, Laboratory Equipment, wet bath and glassware/equipment sterilizer) used to perform
required Iaboratory analysis of water and wastewater samples.
City Manager recommends acceptance of the lowest bid that met specifications, from VWR Scientific,
in amount of $1,215.91, for the wetbath; and to reject all bids, clarify the specifications and re-bid the
gIassware/equipment sterilizer.
C. Approval of Minutes of April 28, 1997 Work Session, April 28, 1997 Regular Meeting, May 12, 1997 Work
Session, May 12, 1997 Regular Meeting and May 19, 1997 Work Session.
D. Appr6val of vouchers for the month of May, 1997.
On recommendation of the City Manager, Commissioner Eckstein moved to authorize payment
of items A and D, and accept item B and approve item C. Seconded by Commissioner Lessard and carried by vote of the
Commission as follows:
City Attorney's report.
No report.
City Manaager's report.
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
SL John's River Water Supply Cost Sharing Program contract. The City Manager reported this contract
will facilitate the funding of $48,500.00 from Water Management District, which the City will match, for
installation of an incremental reclaimed water distribution system in Groveview.
On the recommendation of the City Manager Commissioner Eckstein moved to authorize execution of the St.
John' s River Water Supply Cost Sharing Program contract. Seconded by Commissioner Williams and carried
by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3347.
Commissioner Lyons moved on the first reading of Ordinance No. 3347, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 33 12,
AND ITS AMENDMENTS, AND ADOPTING AN A1VIENDED CLASSIFICATION AND PAY PLAN
EFFECTIVE IMMEDIATELY, PROVIDING SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
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City Commission, Sanford, 'Florida
REGULAR MEETING
June
499
9 1.997
C,
Seconded by Commissioner Lessard and carried
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
by vote of the Commission as follows:
Agreement with the U.S. Department of Treasury for a Federal Equitable Revenue Sharing Agreement
Comm/ssioner Lessard moved to approve execution of the agreement. Seconded by Commissioner Willjams
and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Dedication of Easement to provide access to Sterling Woods.
Mayor Dale declared a conflict of interest and reported he will be signing a cordlict of interest statement, and
he passed the gavel to Commissioner Eckstein and abstained from the vote.
On recommendation of the City Manager, Commissioner Lessard moved to approve the execution of the
Dedication of Easement. Seconded by Commissioner Willjams and carried vote of the Commission as follows:
Mayor-Commissioner Dale Abstained
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Eckstein returned the gavel to Mayor Dale.
E. Request from Sanford Main Street to rent the Sanford Civic Center at the reduced rate for a Main Street
fund raiser dinner/dance on June 14, 1997. The City Manager reported this is an alcoholic beverage event,
and the regular rate would be $550.00, the reduced rate would be $270.00.
Commissioner Eckstein moved to approve rental at the reduced rate. Seconded by Commissioner Willjams.
Commissioner Lyons stated Main Street already receives funds from the City and the Civic Center is trying to
support itself as far as maintenance goes, and he would vote against the reduced rate.
Commissioner Lessard stated until the City sells its rentals he thinks Main Street is a good group, and if
Commissioner Lyons is correct in stating that we already give this organ/zation money, why not try to help them
for another couple hundred dollars for their first annual "Here' s To You Sanford" party.
The motion carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
Street closures and sale of alcoholic beverages in
City Manager Simmons reported that a request had
conjunction with a Special Event.
previously been approved by the City Commission for a Special
Event Application for Sanford Main Street, which involved street closures and sale of various refreshments including
beer, for the Fourth of July Celebration. A request has been received from Sanford Main Street to start the street
closures at 8:00 a.m. instead of 12:00 noon as was previously requested and approved. Also, a request has been
received from Sanford Main Street for up to four concession stands, two along 1 st Street and two along Seminole
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA,TI' NAME--FIRST NAME--MIDDLE NAME
Dale, Larry A.
MAILIN( ADDRESS
P. O. Box 1788
CITY
San:ford FT_, 3.2772-1788
DATE ON WHICH VOTE OCCURRED
June 9, 1997
COUNTY -
Se~li~lO]e
NAME OF BOARD, COUNCIL COMMISSION. AUTHORITY, OR COMMITTEE
Ci'~y Commission
I'HE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMItFEE ON
WHICH I SERVE IS A UNIT OF:
iXCl'rY [ ! COUNTY !:~ OTHER [.OCAL. AGENCY
NAME OF POLITICAL SUBDIVISION:
City. of Sanford, Florida
MY POSITION IS:
g ELECTIVE i ;J_ APPOINTIVE
MAYOR
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 eomminee. 1! 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 law.
Your responsibilities under the law when faced with a measure in which .you have a Conflict of 'interest will ~ary grea'tly'depending
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 inures
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 on
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 recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive cbqin{y, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures 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 hc is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
znade by the officer or at his direction.
1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN: :"
* You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
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 fi3rm should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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 minute
of the meeting, who should incorporate the form in the minutes. i
DISCLOSURE OF LOCAL OFFICER'S INTEREST ,,
I, Larry A. Dale , hereby disclose that on June 9
(a) A measure came or will come before my agency which (check one)
X 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:
,19 97
· by whom I am retained
Measure:
Consideration of a grant of easement for City-owned
right-of-way to beused for access/entry to the Sterling
Woods Subdivision.
My interest: I am the developer for The Matzel Organization,
owners of the' Sterling Woods Subdivision.
June 10, 1997
Date Filed
tHre
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIR~=
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 ]
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
500
EA05354
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City Commission, Sanford, Florida
REGULAR MEETING 3une 9 19.97
Boulevard between Sanford Avenue and the area where the fireworks protective radius will go. If the City Commission
approves beer at those four locations, City Manager Simmons recommends it be with the clear understanding that there
be signs placed at the beer vendors indicating the Iimits of where the beer is allowed to be carried, i.e. not west of
Sanford Avenue, not south of 1st Street, not east of San Juan Avenue, to basically keep it within the festival location.
City Manager Simmons believes it is appropriate to try to make this event as much of a major attraction to bring new
people to Sanford as possible.
Mayor Dale questioned if all of the downtown merchants were aware of this and were in favor of it. Jennifer Singeisen
of Main Street responded yes, the merchants were aware of it and pIanning sidewalk sales at the same time.
Comrn/ssioner Willjams moved to extend the hours of the street closures and approve up to four vendor locations, with
the conditions stated by City Manager Simmons.
Commission as follows:
Seconded by Commissioner Lessard and carried by vote of the
Commissioner-Mayor Date Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Contract with Public Administration Service for a management review of the Police Department.
Commissioner Lyons moved to authorize execution of the contract for a management review at a fixed fee of
$53,830.00. Seconded by Commissioner Williams and carded by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Resolution No. 1754, expressing the appreciation of the City of Sanford for the efforts of our legislative
delegation in the just recently concluded legislative session.
Commissioner Lyons moved on the adoption of Resolution No. 1754, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORID&
COMMENDING THE SEMINOLE COUNTY LEGISLATIVE DELEGATION FOR THEIR EffORTS
AND SUPPORT IN SECURING STATE FUNDING FOR THE LAKE MONROE MIDGE CONTROL
PROJECT.
Seconded by Commissioner Lessard and carried by vote of the Commission as
follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lessard commended Mayor Dale for getting this funding from the state for this project. Mayor
Dale requested that City Manager Simmons provide the newspaper a copy of the Resolution tomorrow.
Emergen.cy, outside of City. water senrice to property at 333 Rose Drive. City Manager Simmons reported
he authorized emergency water service to property at 333 Rose Drive outside of the City and that no Annexation
Petition has been filed for this property.
MINUTES
City Commission, Sanford, Florida
RFGUI,AR MFFTING
501
June 9 19 97
Commissioner Will/ms moved to confirm City Manager Simmons' action. Seconded by Commissioner
Lessard and carried by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Hall second floor earpet replacement. City Manager Simmons asked if there was any further instruction
from the City Commission other than for Staff to proceed with advertising for bids as indicated in the
specifications which the Commission has reviewed.
Commissioner Eckstein moved to proceed with advertising as indicated in the specifications. Seconded by
Commissioner Will/ms and carried by vote of the Commission as follows:
Commissioner-MayorDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Clerk's Report.
No report.
City Commissioners' reports.
Commissioner Eckstein.
A.
B.
Commended the Recreation Department on a successful Soap Box Derby.
Requested that the Mayor and Commission consider recommending Bettye D. Smith for membership
on the Board of Trustees of Seminole Community College to replace Rev. Amos Jones.
Commissioner Williams.
A. Commended the Recreation Department on a successrid Soap Box Derby.
B. Commended and thanked the Commission for supporting the Community Policing efforts in District
II. They have done an excellent job. 'ChiefDillard and his staff, and especially the community policing
team, are also to be commended. We have gotten a lot of positive feedback.
C. Thanked Mayor Dale and the Commission for supporting the efforts pertaining to Community Pride
Day. Commissioner Willjams reported she has been working with Seminole Hope, which falls under
SheriffEslinger, Ron Scott and his church, New Life Calvery, the Boys and Girls Club, and a citizen
group in planning for the kick off on june 21, 1997. She also has been working very closely with
Charles Rowe as relates to code enforcement in identifying two streets to focus on, 13th Street and
Persimmon Avenue, along with the citizens. They will be calling and sending letters to all of the
property owners that have land that is unkempt along 13th Street and Persimmon Avenue asking them,
not citing them, if they would please cut the grass, and please call the City if they have junk cars,
appliances, etc. in their yards. Also, they are working very closely with ChiefDiIIard in terms of writing
tickets, etc., which they are already doing, and they are going to step it up during that particular week,
because they want to try to send a message to all the people in the area, that they are very serious about
cleaning that particular area up. They also will be identifying all the businesses which have existed on
502
E405354
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City Commission, Sanford, Florida RFGUI'AR MFETING
June
13th Street for twenty years or more and recognize them and thank them for hanging in there despite
the fact the whole area has deteriorated. Chief Deputy Harriet has talked with Commissioner Williams
about the possibility of sending some of the Trustees out to help on that particular day also. Chief
Deputy Harriet told Commissioner Williams, from a legal standpoint, they can only deal with the right-
of-ways. Also, Rabbi Shaperio called Commissioner Williarns as a result of the article in the paper to
offer the assistance of his congregation~ And a local club offered assistance. There are a lot of people
getting involved and Commissioner Willjams extended an invitation to everyone in attendance as well
as the Commission to help in any way they can. They are checking with McDonald's and local
merchants to see if they can get rakes, gloves, etc. donated. Commissioner Willjams will also be
contacting the Public Works Department to see if there is anything they can do to help out.
D. Requested the Commission to invite a representative from the Downtown Merchant' s Association to
talk with the Commission and give a status report of what is going on.
City Manager reported he could arrange to have a representative come to the next meeting, but it
probably would be best for the first meeting in July.
Mayor-Commissioner Dale.
Commended Commissioner Williarns on her eftotis in the community and stated
that the Commission is behind her 100% with the citizens.
Commissioner Lessard.
A. Asked Charles Rowe if they have received back any of the title searches on the demolitions. Mr. Rowe
reported they have received.all of the title searches back on those that the Commission approved for
demolition during the April 14, 1997 Regular Meeting. Two of those, 615 Locust and 1718 West 8th
Street, were clean and they forwarded information to Public Works to have those demolished. For the
rest of them, letters have been sent to the people who have claims on the property, letting them know
ofthe City' s intention to tear down the property and giving those persons thirty days to contact the City.
Commissioner Lessard .requested the newspaper be there at the time of demolition on the first couple
of demolitions. Mr. Rowe stated he would pass that information on to the Herald.
B. Thanked ChiefDillard for coming out and meeting with a resident and a local landlord whose building
has created some problems for a neighborhood in his district. He encouraged that anyone on the
Commission who may have a similar problem in their district to call upon Chief Dillard for assistance
because he was very well polished and it is now all on record. He extended his appreciation to Chief
Dillard.
C. Stated that he feels the Commission should look into the' newspaper and free advertising vending
machines that are located on public sidewalks. He stated there has been at least one incident during
a wind storm in which these machines flew into some cars and caused damage~ He questioned Atty.
William Reisehmann if permission was needed to set them up. Atty. Reischmann responded that it is
considered freedom of the press and we have no way of regulating those. At one time we tried to
regulate them but the only Ordinance pertained to some Historic Districts. He said the City Attorney' s
19 97
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City Commission, Sanford, 'Florida
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RFGUI,AR NFFTING June 9 ~927
office would research this issue and get back to the Commission.
D. Mentioned he would like to get with Mike Kirby, Recreation & Parks Director, regarding a basketball
court between 13th Street and 14th Street, near the Velma Mitchell school, where the kids who play
basketball there have littered everywhere. He was wondering if there was some way they could put up
a sign or have someone from the City, he would volunteer to do it to back it up, to police the area.
There are recepticles available that have been placed there by the City but the trash is laying everywhere
and blowing into the neighboring yards every day. He feels those basketball courts should be a
privilege, not a right, and if the kids do not start using the cans we need to take down the hoops, maybe
just temporarily, so the kids will get the idea if they do use the cans they can still play basketball.
Commissioner Lyons stated that the neighbors in this area had come to the previous Commission and
requested that the hoops be taken down, and the Commission was going to send somebody ~'om the
Parks and Recreation to spend some time out there. Mike Kirby reported that the City has sent
somebody out there and the kids do real good as long as someone is there. He also reported there have
been some courts in town where they have taken the hoops down permanently because of complaints
from the neighbors.
E. Congratulated Commissioner Eckstein on his son's recent drafting by the Boston Red Sox. It is a wonderful
thing to accomplish that level of achievement.
F. Reported that this month's edition of Orlando Magazine just named downtown Sanford, the Historic District,
one of the nine top commun/ties in the greater Orlando area. It is very exciting to be placed in the same light
as Maidand, downtown Orlando, College Park, Spring Lake, Winter Park, Bay Hill, Isleworth, and Windermere.
If we can continue our commitment to saving these old houses, the condemnation procedures and the code
enforcement, that is good company to be put in with.
G.Announced the birth of his son, just under eight pounds, on Wednesday night and reported it is a miracle.
Commissioner Lyons.
A. Regarding the demolition process, asked Charles Rowe if there are new items added or do we only work those
on the original list and start a new list. Mr. Rowe reported they are worked on as a group.
B. Questioned why the Commissioners have to track down properties that are in violation of code enforcement.
Why isn't the process working? How come we don't hire more people? How come it isn't a priority, not only
enforcement of the law with the Police Chief, we need to be going hand in hand with code enforcement. He
reported that It bothers him that we have only one code enforcement officer.
The City Manager reported we could improve the City with more code enforcement officers, although it simply
comes down to the allocation of resources to hire these additional people. There are open positions for code
enforcement officers. Commissioner Lyons felt that we need to hustle and get this position filled, or do
something else. Mayor Dale stated in the past, the code enforcement inspectors would go out and do their job
and the Commission would want to be more compassionate and g/ve the people more time. Mayor Dale further
felt it was part of each Commissioners' and the Mayor' s job to receive complaints and investigate them, and
then turn them over to code enforcement.
5O4
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MINUTES
City Commission, Sanford, Florida
REGULRR MEETING 3une 9
Commissioner Williams felt that one of the problems is that it is complaint driven. She feels people will have
reservations about calling in about their neighbors, and as long as it is complaint driven we are not going to
address it as we shotrid. She personally feels that even with the people that we do have, a more aggressive
action plan could be implemented where they could go out and check certain areas. There are a lot of people
who want to call but are reluctant to call. The Public Works and Code Enforcement Divisions could work
together.
Commissioner Lyons felt we need to come up with a tangible action plan. It is our job and we need to tell them
what to do.
Charles Rowe, Community Development Director, reported they are dealing with 3,000 to 4,000 complaints
a year now, and if they push it up by going out and looking for more, we are going to have to either ignore those
that we are receiving complaints on to follow up those that we have found, or hire more people. To do it this
way we would need four code enforcement officers. They had the one open code enforcement position filled
up until April with a contractual position. They did not redo the contract. They are having difficulty finding
someone with the qualifications who will work for the rate offered.
C. Asked if the Commission was in favor of sending a Resolution to Seminole County stating we are not in favor
of having adult entertainment zoned specifically in ~he Sanford Midway area. Perhaps we could talk with the
County Commissioners one on one, and start drafting a Resolution to support that.
Attorney William Reischmann reported that tomorrow at 1:30 will be the first reading of an Ordinance which
will amend the Land Development Code for Seminole County. For consideration are two exhibits to the
Ordinance: Exhibit A provides for a legal description for one of the proposed zones and Exhibit B provides for
a legal description of the other zone. One of them is on the east side of the Airport and the other one is for
Midway Commerce Park off of CR 427.
Commissioner Lyons questioned if those were the only two places in the whole county that they are Iooking
at. Attorney Reischmann said yes, at this time. Commissioner Lyons stated that to him that is highly
unacceptable.
Mayor Dale stated he would fax a letter in the morning to the County Commission.
Mayor-Commissioner Dale.
A. Congratulated Commissioner Lessard and Mrs. Lessard on the birth of their son, Patrick Thor.
B. Reported APT has asked to amend the Lease Agreement to move their site a little to the west. City Manager
Simmons reported they originally wanted to move it a little to the west. and the south, which would have taken
it closer to the botmdmy of the property, and the recommendation from the Staff is to move it to the west right
up against the power tines, but not to move it any further south than it already is.
Commissioner Eckstein moved to approve the amendment to the Lease. Seconded by Commissioner Williams
and carded by vote of the Commission as follows:
Commissioner-Mayor Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
19 97
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MINUTES
City Commission, Sanford,' Florida
REGUkAR MEETING 3une
9 19 97
C. Reported the Commission received a copy of a letter to be sent to Harry Barley at MPO unless anyone has any
objections to Jerry Myers being submitted as the Citizen' s Advisory Committee representative to replace Mr.
Olson. There were no objections.
D. Reported the Citizen' s Advisory Board has asked Mayor Dale to announce that their next meeting will be held
Wednesday, June I 1, 1997 at 7:00 p.m. in the City Commission Conference Room.
There being no further business, the meeting was adjoumed.
Attest: