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122297 ws/rm min.E718672 City MINUTES Commission, Sanford, Florida 43 3:30 P.M. MEETING December 221997 The City Commission of the City of Sanford, Florida met in Work Session on Monday, December 22, 1997, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: Commissioner Velma H. Williams City Attorney William L. Colbert The Chairman called the meeting to order. Central Florida's heritage documentary. Bob Lewis, Seminole County Historical Commission and Dr. Pat Fitzgerald, head of Video Products at Seminole Community College reported Seminole Community College and several historical societies, corcanissions and historians are working to produce a historical documentary on Seminole County. This will be a five part series starting with the Indian Wars and continuing through the steamboat era, railroad era, automobile and tourism and aviation and space. They are soliciting twenty-two cities and seven counties to obtain pledges for funding of this project. The total project will cost about $125,000.00 and they are hoping to obtain at least $60,000.00 in pledges to begin this project. They are requesting $5,000.00 from each City and $10,000.00 from each county. Seminole County has pledged $10,000.00. [Commissioner Willjams arrived. ] The Commission concurred this was a worthy project and will vote at tonight's meeting whether or not to pledge any money toward this production. Seminole County government cable television channel. Larry Furlong reported CALNO is trying to get cities, the County, the School Board and Seminole Community College to combine efforts to develop their own local government cable channel through Time Warner. This would be a 24 hour, 7 day a week local government affairs channel. Time and costs would be allocated to each entity that is participating. The basic proposal is about $100,000.00 worth of equipment, then the cost would be split between the entities, dependent on what and how much the entity wished to broadcast. Programming will be decided by each entity for their block of time. City Manager Simmons suggested that this be put on a Work Session Agenda in January to give Staff time to look at the opportunities this may present, the cost involved, etc. The Commission concurred. Presentation by Laura Sollien on behalf of the ltistorie Preservation Board. Laura Sollien of the Historic Preservation Board reported the Board felt they wanted to keep the lines of communication open with the City Commission and keep the City Commission a little more informed about what they are doing. She talked about how the Historic Preservation Board was established, what their authority is, what some of their accomplishments are, some of their current projects and some future projects. They operate under Schedule S and in 1997 Sanford became a Certified Local Government which enables the Board to apply for grants. The Commission discussed the ad valorem tax exemption for the residential Historic District and its benefits and administrative requirements to the property owners and the City. City Manager Simmons reported that one way to move forward is to establish, possibly 44 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING December 22 97 through the HPB, some kind of an economic model that will address all the factors, including taxes, increments, and possible special assessments, and put them into perspective. Greene, Dyeus & Co., P.A. invoice re~arding the airport budl~et. Mayor Dale reported the invoice received from Greene, Dycus & Co., P.A. for review of the airport budget was unexpected because it was assumed this project was part of the City audit process. The Commission concurred that the invoice should be split 50/50 with the Sanford Airport Authority. City Manager Simmons reported the City would pay the entire bill and then request reimbursement of 50% from the Sanford Airport Authority. Resolution No. 1778 to enable funding for Stormwater Capital Projects. Donna Watt, Finance Director, reported this Resolution was prepared by Randy Hanna who is with the firm which is the City's Bond Counsel. This Resolution is to enable the City to pay back the General Fund, once capital financing is established, for money used to pay for projects such as the Stormwater Improvements. City Manager Simmons reported the Commission also received information on establishing a Line of Credit, which would be temporary financing before Bond Sales, which would be available to any fund of the City. The City would then have the ability not to have to use the General Fund as a backup between the time a contract is awarded and financing is in place. The Commission will be asked at a later time to vote on an RFP for a $10 million line of credit over a 5 or 10 year period at a fixed or variable rate. Each project would be voted on by the Commission before money was drawn on the Line of Credit. This Resolution will be voted on at tonight's regular meeting. Benefit-related RFP's. Tim McCauley, Director of Human Resources, requested a consensus to request bids on the City's benefits. The Commission concurred with the procedure as outlined in Mr. McCauley's memo dated November 21, 1997. Worker's Compensation settlements. Tim McCauley, Director of Human Resources, reported he has been advised by the City' s Worker's Compensation attorneys, that it would be to the City's benefit to pursue settlement on two specific cases that are active. Before any kind of arrangement is made, it would be brought back to the Commission for a vote. City Manager Simmons reported that in one of the cases the estimated present value of the continued payment for the expected life of the individual would exceed the estimated present value of making a lump sum settlement. The final settlement would be subject to approval by the City Commission. The City Commission concurred to authorize Mr. McCauley and City Manager Simmons to proceed with bonafide negotiations for establishment of lump sum settlements in these two cases. Request to lease to SprintCorn. Inc. property located on SR 46 (Site 10) for wireless communications equipment. City Manager Simmons reported the City has received a proposal for SprintCom, Inc. to lease a small parcel of property on Site 10 that is not outleased. The amount offered is $650.00 per month for the first five years with an escalator after that. Commissioner Eckstein reported the lease amount should be negotiated, possibly closer to $1,000.00 per month. City Manager Simmons was authorized to work with the attorney on the fine print and proceed with negotiations for leasing. Request from St. James House of Prayer for Capital Gain Recovery. Paul Moore, Utilities Director, recommended not participating with St. James House of Prayer in the E718672 City MINUTES Commission, Sanford, Florida 3: 30 P.M. MEETING December ,,..,. extension of a water line, and not to establish a Capital Gain Recovery program. The Commission concurred. City Manager Simmons reported he would advise St. James House of Prayer the consensus of the City Commission is not to grant their request. Seal of the City of Sanford, Florida. Jan Dougherty, City Clerk, reported that the official seal for the City of Sanford changed on June 2, 1913 from a circular seal bearing the words of City of Sanford Orange County Florida and in the center the figure of an orange tree, to a circular imprint with City of Sanford, Seminole County, Florida with the figure of an Indian head. The Commission concurred not to change the present seal. City Clerk Dougherty presented several samples of City letterhead for the consideration of the City Commission. After discussion two samples were chosen to consider with the addition of the Seal of the City of Sanford. Board appointments/reappointments. Jan Dougherty, City Clerk, reported there has been no response from the County regarding re-nomination of Linda Johnson to the Sanford Community Redevelopmerit Agency, or nomination of another individual. The Commission asked Mr. Simmons to contact Seminole County for a nomination. The City Clerk reported Bobby Von Herbulis and Clayton Hartsoe would both like to be reappointed to the Board of Adjustment and Appeals upon expiration of their terms in January, 1998. Also, Eliza Pringle, Bette O. Cannavino, and Fred Ganas, whose terms on the Scenic Improvement Board expire January 31, 1998, would all like to be reappointed to that Board. Amelia Royster, also on the Scenic Improvement Board, has served the maximum number of terms allowed and can not be reappointed. The Board is to discuss a recommended replacement at their January 7 meeting. No Commissioner had anyone to recommend for this appointment. County Adult Entertainment Sites. Mayor Dale reported on the County Commission meeting he attended on behalf of the City regarding Adult Entertainment sites. The Narcissus Avenue site was eliminated and Site 11 and Site 18 will be considered at a Public Hearing. Mayor Dale pointed out on a map various sites that had been considered by the County, and various sites that the City already has designated as zoned for Adult Entertainment. The Commission discussed the requirements for the City and the County sites and what their preferences were as to future sites by the County. Commissioner Williams reported it needs to be clarified to the public that the zoning for Adult Entertainment is something the City and County are legally mandated to do, not necessarily something they want to do. Mayor Dale reported that the final decision will be made by the County, but they have graciously asked for .input from the City of Sanford Commission. [Commissioner Lessard left the meeting briefly and returned.] Work Session with Fire Department. Mayor Dale reported he has heard some discontent in the Fire Department and maybe it is time for the Commission to have a work session with the Fire Department. Commissioner Eckstein reported the Fire Department employees should be able to go to their Chief with any problems they have, and the Chief could bring them to the attention of the Commission. After discussion, the Commission concurred that Mayor Dale talk with the Fire Department and see if they want to meet with the Commission in a Work Session, and so advise the Commission. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING December 22 1997 Solid Waste privatization. Commissioner Williams reported the employees of the Solid Waste Department are anxiously waiting for a Work Session meeting with the Commission as to privatization. City Manager Simmons reported that he hopes to have an RFP for the Commission's consideration for privatization of the Solid Waste functions by the January 12, 1997 Commission meeting. At that time the Commission can discuss options and set a work session with the Solid Waste employees. Police Department options. Chief Joe Dillard provided to the Commission a booklet of policies and procedures that was requested by the Commission. The Commission discussed the intent of the Options Committee and their recommendation to the City Commission. Commissioner Williams, as liaison to the Options Committee, reported it was clear the Options Committee recommended Option A with an emphasis. The Committee did not feel that Option A alone would solve the problems. The Committee focused on the Chief and the City Commission, not just Mayor Dale, to consider what were some of the areas that could possibly be contracted out. The paper reported that the Committee recommended only Option A. The Commission, the Chief and the Options Committee, at a Commission Meeting, all agreed that what the Committee was really recommending was Option B, because Option B was to retain the Police Department, reorganizing it and possibly contracting some things out. Neither the Mayor nor the Commission changed it to Option B, it was a mutual decision. At the same Commission Meeting the Commission agreed for the Mayor to serve as the liaison to work with the Chief and the Police DeparUnent committees and develop a list of areas that possibly could be contracted out, and then talk with the Sheriff to get information to bring back to the Commission. At this point nothing has been brought back to the Commission, and no decisions have been made. [Commissioner Lyons left the meeting briefly and returned.] Commissioner Eckstein reported that the people in the Police Department who do not want to buy into the program need to find employment elsewhere, they are spreading lies, sabotaging efforts and undermining the efforts of the Chief and the Commission. He will take the recommendations of the Options Committee into consideration, but each Commissioner needs to discuss this and do their own homework and express their opinions. Mayor Dale reported he is pleased with the information the Chief provided to them and the progress the Police Department has made. ChiefDillard reported there will always be resistance to change by some, but the majority of the command staff are working hard to accomplish the task set before them. Mayor Dale reported maybe the Commission needs to have a work session with the Police Department before making a final decision. He reported the Commission should set the reorganization, come to a decision about the Options available in Option B and set the performance parameters, and then revisit it in six months. Mayor Dale thanked ChiefDillard and Sergeant Presley for the work they have done so far toward making changes. Citizen's Advisory Board request for meeting. Mayor Dale reported the chairman of the Citizen' s Advisory Board has requested the Commission attend one of their meetings to clarify the functions, duties and responsibilities of that Board. City Manager Simmons reported there could be a potential problem with all five Commissioners attending a meeting that was not a public meeting, and suggested that the Citizen's Advisory Board be invited to one of the City Commission Work Sessions and the Commission concurred. "'. E718672 City MINUTES Commission, Sanford, Florida P.M. MEETZNG December 4.'r 22 ~g97 Special Work Sessions. City Manager Simmons reported that several Work Sessions have been suggested and asked for clarification for calendaring purposes. Mayor Dale reported a Work Session with the Police Department is imperative. After discussion it was decided that possibly the Commission would have more frequent Work Sessions starting in February. Golden Rule loan. Commissioner Willjams reported that when Golden Rule went to close on a loan to purchase some property in Sanford, they could not close because of some liens on the property. Donna Watt reported no money was found to be owed in regards to liens on these properties. The City Manager reported it probably was not liens, but condemnation status that was putting a shadow on those properties. He reported the Commission could vote to remove those properties from the condemnation process and he will bring this up at the Regular Meeting tonight. Recording equipment for City Commission Chambers. Jan Dougherty, City Clerk, presented the Commission with options to be considered regarding recording equipment for the City Commission Chambers. The Commission will consider these options and make a decision at a later date. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 22 19 97 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, December 22, 1997, at 7:00 o'clock 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. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentation of Christmas Lights award. Mayor Dale presented a gift basket to John Apt and his family of the Hidden Lake Subdivision in Sanford for first prize of Christmas Lights in the Hidden Lake Subdivision. Citizen's Participation. Julia Harrison, 918 South Park Avenue, reported she is handicapped and her neighbor takes up all the parking spaces in front of her house and she has nowhere to park. Chief Dillard suggested since there is no off street parking for residents they could put parking spaces on Park Avenue. Mayor Dale suggested marking parking spaces in the 900 block of Park Avenue, and designating one of those spaces in front of Ms. Harrison's house as a handicapped space. Commissioner Lessard moved, based on the information presented and the Commission's personal knowledge of the situation, that in the best interest of the health, safety and welfare of the residents, parking spaces be placed on the west side of Park Avenue between 9th and 10th Streets and one of the spaces be designated a handicapped parking space. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Irene Fultz, 173 Wood Ridge Trail, read an "In My Opinion" which stated she has learned a lesson in politics through the Twin Lakes issues brought before the Commission in the recent past, and she hopes these lessons will never be repeated. She reported that if the Sanford City Commission is not going to follow Parliamentary Procedures then it is necessary that the citizens of Sanford obtain a copy of the rules that are being followed, and she asked where a copy of those rules could be found. She admonished the four Commissioners, other than the Mayor, to not let one man rule the City with an iron hand. She asked that the Commission work together to do the best for what is good for the City of Sanford and for its citizens; work not just for today but for the long-term future of Sanford. Dean Shoemaker, 128 Wood Ridge Trail, asked if the Commission had been given the opportunity to read the agreement with Lake Mary. Only Mayor Dale said he had read the agreement in full, the other Commissioners reported they had only read the agreement brought before the Commission on December 8, 1998, before it was renegotiated and signed. Mr. Shoemaker reported he had obtained a copy of the agreement from Seminole County and pointed out several concerns he had with the agreement. His first concern was when the agreement was first discussed it stated "net acreage", and now this current agreement states "gross acreage", and the units per acre are now based on gross acreage. Also, one paragraph of the current agreement states that the agreement shall run with the land, which indicates E718~7~ MINUTES City Commission, Sanford, Horida 7:00 P.M. MEETING December 22 m97 that this agreement is going to be binding forever; but, in another paragraph the agreement states in the event the proposed apartments are not constructed by the developer, and in the event the Comprehensive Plan and applicable zoning are not amended, the agreement shall not be binding. Also, Item Thirteen of the current agreement states "no terms of this agreement are to be construed so as to limit or impede the City of Sanford legal authority to control the future planning and development processes surrounding the developer's proposed apartment complex so long as said actions are not in conflict with the terms of this agreement", Mr. Shoemaker reported Item Thirteen is basically saying that this agreement only applies to that parcel of land and if in the furare land around it is to be incorporated in this project, it doesn't get the application of this agreement. This is of extreme concern to the citizens. His belief is that the agreement was basically to appease the Hills of Lake Mary by the developer giving them $25,000 for a beauti~cation project. He further feels the only insurance policy the citizens of Kaywood have is for the developer to also give them a $25,000 beauti~Cation fund. Mayor Dale reported that most of the concerns expressed by Mr. Shoemaker appeared in the Addendum to the Agreement, and the City of Sanford was not a party to, nor did it sign, the Addendum. City Attorney Colbert reported that the second paragraph of the Addendum stated that the Addendum was entered into by Ira William Southward, Trustee, as the owner, Twin Lakes Apartments, Inc. as the developer, the City of Lake Mary and the Hills of Lake Mary Homeowners' Association, Inc. This legally identifies the parties to the Addendum, and the City of Sanford is not identified as a party to the Addendum. City Attomey Colbert addressed the issue of the Agreement nmning with the land and explained that if the Comprehensive Plan amendment and the zoning allows this apartment complex to go forward the Agreement would run with the land, if the Comprehensive Plan amendment and zoning do not pass, then the Agreement is void. Keith Ivey, 132 Wood Ridge Trail, asked if the Sanford City Commission is going to have any other concessions or regulations placed on the land (proposed Twin Lakes Apartment development) outside of the Lake Mary concessions. Mayor Dale reported there will be other restrictions placed on the land, and the developer, as the City goes into the planned development and zoning. There will also have to be an approved site plan meeting a lot of specific criteria. City Manager Simmons reported this issue must go through the Planning and Zoning Commission for rezoning, which is another Ordinance, and then the Planning and Zoning Commission must approve a site plan. Representatives from the St. James House 'of Prayer asked if their presence was needed at tonight' s meeting. City Manager Simmons reported that their concern was discussed at the Work Session and the consensus of the City Commission was to respond positively to a recommendation from the Utility Director which recommended that the City not get into establishing any kind of a Capital Investment Recapture, unless the dollar figure is $25,000 or more. Commission Meeting minutes. Commissioner Williams moved to approve the minutes of the Commission's December 1, 1997 Special Work Session, December 8, 1997 Work Session and December 8, 1997 Regular meeting. Seconded by Commissioner Lessard 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 E718672 City MINUTES Commission, Sanford, Florida P,.M. MEETING December 22 19 97 Public Hearinl~ to consider second readin~ and adoption. of Ordinance No. 3378. re: rezoning that certain property lyine between Country Club Road and West 251h Street and between Old Lake Mary Road and Hardy Avenue, owner notified November 21. 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3378. No one appeared. Commissioner Willjams moved to adopt Ordinance No. 3378, entitled: AN ORDINANCE OF THE CITY OF SANFORD FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN OLD LAKE MARY ROAD AND HARDY AVENUE,, FROM RC-1 (RESTRICTED COMMERCIAL) TO GC-2 (GENERAL COMMERCIAL) 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 Public Hearinff to consider second readin~ and adoption of Ordinance No. 3379. re: closing. vacatinff, and abandoninff a portion of Commercial Street lyinff between Holly Avenue and Cedar Avenue and between Fulton Street and W. First Street. ad published December 11. 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3379. City Manager Simmons reported that at the last meeting the Commission had requested him to work with the City Attorney to find a way to avoid the property owner to the south of the specified property, Mr. Sklar, becoming, involuntarily, the property owner of a portion of this property which he indicated on the record he did not wish to become an owner of. The City Attorney advised that the East/West extent of the proposed vacating be reduced to include only the 125 feet which was immediately contiguous with the requestor's property. This would drop the East/West dimension from 261 feet to 125 feet. The City Attorney also advised if it was the desire of the Commission, they could vacate only the north half of this 125 foot section of right_of_way leaving the southern portion as a City street. Ordinance No. 3379 is written to accomplish this. Mr. Sklar questioned if it was customary for the City, when they vacate a piece of property (or someone brings papers to the City) to accept a blank survey showing no as-builts on it (septic tanks, forklift preparation area, etc.). Also, in the future, if CSX Railroad and he decide to buy the property to the West/North quadrant of Mrs. Wallace' s property, and they request a vacate, will he be responsible for everything that is there that the City has given Mrs. Wallace title to. Also, will the City maintain its half of the street in the future? City Attorney Colbert reported the City does not always require an as-built survey, it is according to what is being asked of the City. If what is being requested is the vacating of a street the City does not request a survey, particularly an as-built survey, because the dimensions of the street are shown on the plat. The City would receive as-built surveys when it is in the process of issuing building permits and doing inspections for construction. City Manager Simmons reported the City, based on Mr. Sklar's request, has initiated Code Enforcement action relative to the adjacent properties other than the right-of-way. Mr. Sklar reported that debris and trash has been piled up on the right-of-way by the City. Mr. Simmons reported that in the past the City has had some problems with unauthorized people being on the property, and he was aware that Public Works had hauled away several 1~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 22 1997 truckloads of vegetable matter from that site. This will have to be looked at in more detail. Mayor Dale reported that the City has no responsibility to clean up a right-of-way if it is in its natural state, but if there are unhealthy conditions, such as garbage or trash, then the City has a responsibility to clean it up. Commissioner Lessard moved to adopt Ordinance No. 3379, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF COMMERCIAL STREET LYING BETWEEN HOLLY AVENUE AND CEDAR AVENUE AND BETWEEN FULTON STREET AND W. FIRST STREET IN THE CITY OF SANFORD, FLORID& RESERVING AN EXCLUSIVE CITY OF SANFORD PUBLIC SERVICES EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second readinl] and adoption of Ordinance No. 3380. re: deleting one Police Department Commander position and establishin~ two Officer positions. ad published December 11, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3380. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3380, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PRO'VIDE FOR THE DELETION OF ONE (1) .COMMANDER" POSITION IN THE POLICE DEPARTMENT AND CONCURRENTLY, TO PROVIDE FOR THE ADDITION OF TWO (2) "POLICE OFFICER" POSITIONS IN THE POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard reported this is an important step forward in reorganizing the Police Department, the end result being putting two more police officers on the streets and in the neighborhoods of Sanford. First readin~ of Ordinance No. 3381. re: addin~ a Maintenance Worker I position to the Streets Division funded by Stormwater Utility revenue. and providing for two Sanford Airport Authority Police Officer positions. Commissioner Lyons moved on the first reading of Ordinance No. 3381, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR THE ADDITION OF ONE (1) "MAINTENANCE WORKER I" POSITION (STORMWATER FUNDED) IN THE STREETS DIVISION OF PUBLIC WORKS AND., TO PROVIDE FOR A REVISED AUTHORIZATION OF FUNDING FOR TWO (2) "POLICE OFFICER" POSITIONS VIA AMENDED AGREEMENT BETWEEN THE CITY OF SANFORD AND THE SANFORD AIRPORT AUTHORITY. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 22 97 First readinl~ of Ordinance No. 3382. re: desitrnatin~ the "Fire Lieutenant" position as non-exempt for FLSA purposes. Commissioner Lessard moved on the first reading of Ordinance No. 3382, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR THE "FIRE LIEUTENANT" POSITION CLASSIFICATION TO BE DESIGNATED AS NON-EXEMPT FOR FLSA PURPOSES. PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Fire Chief Tom Hickson reported that this is of benefit to the Fire Lieutenants, it will allow lieutenants to work in an overtime capacity and the Department can bring in lieutenants to ride instead of having firefighters ride up front. Commissioner Eckstein reported he cannot support this because of the cost it will entail in overtime. City Manager Simmons reported his recommending approval of this Ordinance has to do with the classification of the job, exempt versus non-exempt, as required by the U.S. Fair Labor Standards Act. The City has attempted to bring its classifications into consistency with the standards which it was given to work with. The overtime is almost an incidental part of compliance with a Federal mandate and Staff will do what it can to contain the overtime. If the City were to proceed as it is now, and an EEO charge was brought against the City by a firefighter/lieutenant, the City might have a difficult time defending itself. After discussion regarding overtime ChiefHickson reported he will do his best to keep overtime to a minimum. Commissioner Williams requested City Manager Simmons to supply, some time in 1998, a status report of overtime in the various City departments. City Manager Simmons reported he will use the first quarter of FY 97/98 for the report. The motion was seconded by Commissioner Lyons and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye ' Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1775. re: Seminole County CRA. Commissioner Eckstein moved to adopt Resolution No. 1775, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORDA, RELATING TO COMMUNITY REDEVELOPMENT; CONCURRING WITH A COMMUNITY REDEVELOPMENT PLAN PURSUANT TO SECTION 163.360, FLORIDA STATUTES, PROVIDING FOR SEVERABILITY 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 Aye Resolution No. 1776. re: adoptin~ a fee for Park Shelter reservations. Commissioner Lyons moved to adopt Resolution No. 1776, eutitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ADOPTING A FEE FOR PARK SHELTER RESERVATIONS. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 53 22 1997 = i Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1777. re: adopting a fee for grave marker layouts. Commissioner Lyons moved to adopt Resolution No. 1777, entitled: A RESOLUTION OF THE CITY OF SANFORD FLORIDA, ADOPTING A FEE FOR GRAVE MARKER LAYOUTS. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1778, re: to enable funding for Stormwater Capital Projects. Commissioner Eckstein moved to adopt Resolution No. 1778, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Recommendation from the Planning and Zoning Commission Meeting of December 4. 1997. Mayor Dale reported that this is an information only item and requires no action by the Commission. Boards. Jan Dougherty, City Clerk, reported Bobby Von Herbulis and J. Clayton Hartsoe would both like to be re- appointed to the Board of Adjustment & Appeals upon expiration of their terms in January. Commissioner Lyons moved to reappoint Bobby Von Herbulis and J. Clayton Hartsoe to the Board of Adjustment & Appeals. 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 Aye Mayor Dale reported the Commission is still waiting to hear from the County in regard to an appointment to replace or re-appoint Linda Johnson, whose term expired December 11, t 997. Commissioner Lessard moved to reappoint Eliza Pringle, Bette O. Cannavino and Fred Ganas to the Scenic Improvement Board upon expiration of their terms on January 31, 1998. Seconded by Commissioner Williarns and carried by vote of the Commission as follows: E718~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 22 97 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale reported that Amelia Royster's term also expires on January 31, 1998 for the Scenic Improvement Board and the Commission will consider a replacement at a later date. Consent agenda. On recommendation of the City Manager, Commissioner Lessard moved as follows: A. To accept bids as follows: (1) Bid Number IFB97/98-08, Resolicitation - Trophies. Accept lowest bid, which meets specifications, from U.S. 1 Sporting Goods, Inc., in an amount of $4,724.75. (2) Bid Number 1FB97/98-27, Wellpoint System. Accept only bid meeting specifications from Holland Pump in amount of $2,491.55. (3) Bid Number IFB97/98-31, Attachments for Toro Workman 07200. Accept lowest bid, which meets specifications, from Zaun Equipment, in an amount of $20,381.43. B. To authorize payment of statement from Stenstrom, Mclntosh, Colbert, Whigham & Simmons, P.A. in amount of $7,218.48 for Professional Services for month of November, 1997. C. To acknowledge two invoices in total amount of $1,789.35 from Ardaman & Associates, Inc. ($1,53 1.42, $257.93) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. D. To authorize payment of $13,802.92 to Lake Mary per Tri-Party Agreement for extension of a reclaimed water line on CR 46A from Upsala Road to Rinehart Road. E. To authorize payment of repairs to Tower 38 at a total cost of $24,750.00 with the funds being taken from the Public Safety Contingency Fund. F. To authorize Mayor to execute the addendum to Agreement for Professional Services with Solin & Associates for Phase. H, Completion of the EAR in an amount not to exceed $17,000.00 plus reimbursable expenses not to exceed an additional 5%. Also, to concur with the Citizen Participation Process and Schedule and dates of the Agreement for Professional Services. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons asked how much of the $300,000 earmarked for the stadium repairs as been spent so far. It was reported about $210,000 has been spent. City Attorney's report. William Colbert, City Attorney, reported as requested by Commissioner Williams, on the relationship between the Airport Authority and the City of Sanford. Mr. Colbert reported the City has the responsibility for the Airport Authority because it is a dependant special district. The day to day operations of the Airport are the purview of the Airport E718~72 MINUTES City Commission, Sanford, Hotida 7:00 P.M. MEETING December 22 m97 Authority which the Commission appoints. Mr. Colbert provided a letter to each Commissioner which summarizes the sections that show the Commission has the power to appoint and to remove members for cause, it cites the sections stating the Commission has the authority to set the membership between five and nine, and it cites the sections that explain the power to approve the Airport Authority annual budget and any amendments thereto. Also attached to the letter was a copy of a letter going back to 1984, responding to the auditors at that time, which identified the Airport Authority as a dependant special district and the auditors in 1997 have received this same information. The City also owns the majority of the land at the Airport. Commissioner Williams reported it is imperative that the City Commission and the Airport Authority understand their relationship in the same way. City Attomey Colbert reported he met with the Mayor and the City Manager to discuss City owned property, or property which the City has an interest in. One such property is located near the Sanford Herald building on. 17-92. The City does not own that property, the last known owner being Dr. Hickman and some associates, but the City owned it previously. The history of that particular property is that the City, back in the late 70's and early 80's decided it was surplus property and decided it should be developed, and sold the property with the condition that it be developed within a fairly short period of time. If the property did not develop and get on the tax rolls and increase in value, there was a reverter clause in the Agreement that provided that the title would revert back to the City. About a year later the purchaser came to the City and negotiated an extension of the Agreement, and another year later paid the City $54,000 to release the reverter, but the City put in a stipulation that required the developer to pay the City $10,000 a year until such time as a Certificate of Occupancy was issued on the property, so it would become a developed, commercial piece of property. The $10,000 a year was paid for approximately four years, and in 1988 or 1989 the developer stopped paying that amount to the City. The City Commission at that time thought that sooner or later, probably sooner, the property would be developed and that the City would collect the money that was owed at that time. It has now been almost ten years and it is still not developed, and there is a debt accruing against it of $ 10,000 a year. The title has changed from a corporation called Southshore Club to Dr. J. W. Hickman, and Dr. Hickman is now deceased. If the City Commission wishes to collect the approximately $80,000 owed to the City, a title search would need to be done to see who the true owner of record is, and then make a demand on them for payment. If it is paid, that will be the end of it. If it is not paid, the City Commission would need to decide what further action to take. Commissioner Williams moved to authorize the City Attorney to do a ti~e search and a demand for payment for this particular piece of property. as follows: Seconded by Commissioner Eckstein and carried by vote of the Commission City Manager's report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye A. City Manager Simmons reported that at the meeting of October 13, 1997 the Commission was addressed by attorney Mike Brown from the United Negro College Fund requesting more time on the condemnation process on two properties owned by the United Negro College Fund. These properties were Condemnation Report No. 97- 3, located at 417 E. 2rid Street and Condemnation Report No. 97-4, located at 410 E. 3rd Street. Mr. Brown also pledged E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 22 19 77 to remove the overgrowth from the 2nd Street property and secure it from illegal occupation, which both have been done. To meet the objectives of obtaining a loan on these properties City Manager Simmons recommended removal of these properties from the Condemnation List. Commissioner Williams moved to remove Condemnation Report Nos. 97-3 and 97-4 from the Condemnation List. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. City Manager Simmons reported the Commission had received a request to .board up the property located at 1001 Pine Avenue which is abandoned and being used by transients. The owner has been contacted and has not taken any corrective action. Commissoner Eckstein moved to board up the abandoned property at 1001 Pine Avenue. 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 Aye C. City Manager Simmons requested approval of a draft amendment from Conklin, Porter, & Holmes Engineers to provide for engineering services during Phase III A of the MilI Creek Stormwater Project (retention ponds and piping near Goldsboro). The amount of the proposal is $36,431.70. This is CEI work for the contract awarded to Prime Construction in the amount of $574,700.00. Commissioner Eckstein moved to authorize approval of the draft amendment from Conklin, Porter & Holmes Engineers for engineering services during Phase HI A of the Mill Creek Stormwater Project in the amount of $36,431.70. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye D. City Manager Simmons requested if the Commission wished to pledge any money to the Central Florida Consortium Film Project for a historic video. Commissioner Lessard moved to pledge $5,000.00 from the City Manager's Contingency Fund toward a historic video by the Central Florida Consortium Film Project. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E. City Manager Simmons reported the Commission had approved the payment of $13,802.92 to Lake Mary under a tri-party Agreement for a part of the reclaimed water extension on West 46A. Them is also a need to fund $1,429.00 as construction administration inspection for the part the City is funding the construction directly for. Commissioner Eckstein moved to authorize funding of $1,429.00 for construction administration inspection. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 PM .M MEETING December 57 22 1997 Mayor-Commissioner Dale Aye- Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye F. City Manager Simmons reported he had received a letter today from Florida League of Cities reporting they are opposing a Bill that is presently going to the State Legislature and will be heard by the House Utilities and Communications Committee on January 6, 1998. The Bill states companies in the telecommunieation business, such as telephone and cablevision, would no longer have to pay franchise fees to the City of Sanford for the use of the City's rights-of-way. Power and gas companies are not accorded that benefit. City Manager Simmons reported this is bad law and the City of Sanford should support the Florida League in opposing it. Further, the dollar amount of lost revenue to the City would be significant. The Commission concurred that City Manager Simmons should send letters stating the Commission's opposition to this Bill. City Commissioners' reports. Commissioner Eckstein - no report. Commissioner Willjams - no report. Commissioner Lessard - reported there is an abandoned van at 703 Palmetto that he would like Chief Dillard to investigate. Commissioner Lyons - the Sanford Museum does need to have a new retaining wall and he would like the City to put it on this year's work schedule. City Manager Simmons will speak with Public Works and see what kind of budget they have to work with and bring it back to the Commission. Commissioner Lyons also reported the appointment as Police Liaison Commissioner should possibly be rotated. Mayor Dale reported that he would not want to "bail out" in the midst of everything the Police Department is going through right now, as he has a lot of knowledge of the situation. He also does not want to feel intimidated into withdrawing from that position. Mayor Dale - no report. City Clerk's report. Jan Dougherty, City Clerk, asked for confirmation that each Commissioner received on the table at today's Work Session the Agenda for the Organizational Meeting on Tuesday, January 6, 1998 at 7:00 p.m. in the City Commission Chambers. All Commissioners confirmed they had received the Agenda. There being no further business, the meeting was adjourned. Attest: