051198 ws/rm min.E718672
MINUTES
City Commission, Sanford, Florida 3:30 WORK SESSION Hay
11
223
19 98
The City Commission of the City of Sanford, Florida met in Work Session on Monday, May 11, 1998,
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
Commissioner Velma H. Williams
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attomey William L. Colbert
The Chairman called the meeting to order.
Future Interstate 4 Improvements.
Vicky Smith, Project Manager from Keith and Schnars, gave a brief presentation on "Trans4mation", the
proposed improvements of Interstate 4. [City Attorney Colbert joined the meeting] Mike Schnars presented several maps
and explained where ramps and interchanges would be located. Plans are for six general traffic lanes, four limited access
lanes to be used for high speed/low volume traffic, and a rail system along 1-4 from Tampa, through Orlando, to Daytona
Beach.
Reimbursement for stormwater damage.
City Manager Simmons explained that Terry Christensen has asked the City to reimburse him for
stormwater damage to his business property at 218 South Park Avenue, Sanford, Florida. He reported there was a break in
the lateral line carrying water to the City' s storm drain line, and it had been patched with concrete which had blocked a
good portion of the cross section of the pipe. It could not be determined how or when this occurred, and the City's
insurance company denied the claim. City Manager Simmons recommended authorization to settle this claim, through the
insurance company, in a total amount of $2,838.04.
City Manager selection process.
City Manager Simmons asked if the Commission desired to set a Special Meeting to interview the three
top-rated candidates for the City Manager position. Mayor Dale suggested each Commissioner complete his individual
interviews and rank the candidates by the May 26 meeting. It was decided that a Special Meeting would be held June 1,
1998 at 4:00 p.m. at which time the Commission, as a group, would interview each candidate and then rank the candidates.
After ranking a committee consisting of one Commissioner, the City Manager and the City Attorney will negotiate with
the number one candidate. If an agreement cannot be met with this candidate then they will negotiate with the number two
candidate, and if not successful, number three.
Development activities at the Orlando Sanford Airport.
Jay 'Marder reported that any new development at the Airport would have to be permitted by the City and
will require site development permits and building permits. Also, it must now be approved by the Sanford Aviation
Authority prior to issuing such permits. All development at the Airport must now be approved by the Executive Director
of the Airport.
224
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City
MINUTES
Commission, Sanford, Florida
3:30 WORK SESSION 'May I1 19 98
available to them on the City of Sanford.
passengers.
Commissioner Eckstein reported that when people fly in to the Sanford Airport, there is no information
He felt the City is remiss in not making this information available to incoming
Mayor Dale reported that the Airport has been operating without the proper capital, and the City will need
to help them fund about $1 million in deficit capital. This can been funded with the City's line-of-credit. City Manager
Simmons reported the City has a $10 million line-of-credit that has not been used.
Mayfair Golf Course lease negotiations.
Charles Harrison, Legal Counsel for Seminole Club Inc., reported a law suit was filed against the City to
protect his client, since the default date was the same day as the Commission Meeting. Since an extension has been
approved the suit was voluntarily withdrawn. Mr. Harrison did not report his actions to the Commission because as it
turned out the suit was a non-event that required no response or action by the City. Mr. Harrison took full responsibility
for making the decision to file the suit.
Mr. Harrison read a letter which had been presented at a meeting held on April 291h detailing Seminole
After negotiations in the April 291h meeting two alternatives were drawn up to present to the
Club's position to the City.
Commission as follows:
Option A:
Seminole Club will not owe rent prior to the 1992-93 lease year and will not be entitled to any
carryover credit for any lease year prior to 1992-93. Seminole Club will pay the City $21,273 as
rent ($10,928 for 1994-95 lease year plus $10,345 for 1995-96 lease year). Seminole Club will not
owe any rent for the 1996-97 lease year, but will have a carryover credit of $54,586 for the 1997-98
lease year. Seminole Club is willing to take only $54,586 (50% of the $109, 173) as carryover credit
to the 1997-98 lease year.
Option B: Seminole Club will not owe any rent to the City for any lease year through and including 1996-97.
Seminole Club will not claim that it can utilize in lieu of rent the capital improvements made with
condemnation proceeds. Additionally, Seminole Club will have no carryover credit for the 1997-98
lease year.
Regardless of which altemative is chosen, the lease should/will be modified to (1) adopt a mutually agreed upon definition
of capital improvements; (2) provide that a lender to Seminole Club (or to a subsequent purchaser of the lease) shall be
entitled to take a security interest in the lease and if Seminole Club (or a subsequent purchaser of the lease) defaults on the
loan, the lender can assume all of Seminole Club's (or a subsequent purchaser of the lease) obligations to the City; and (3)
provide that the prevailing party in any litigation between the City and Seminole Club shall be entitled to recover its
attorney fees and costs.
After discussion the Commission concurred, and City Attorney Colbert agreed, that Mr. Colbert would
meet with each Commissioner individually to discuss this issue so they could better understand the issues and come to a
decision. Mr. Harrison was informed that the Commission thought it was made clear last meeting that they are not
interested in the $133,000 condemnation fees being part of a settlement. This issue will be placed on the May 26, 1998
agenda.
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City Commission, Sanford, Florida
225.
3: 30 WORK SESSION May 11
19 98
John Daniels, owner of Seminole Club, reported that when he bought the club he just wanted to make a nice
golf course for the citizens of Sanford. His understanding was that the capital improvements he made were sufficient to
cover the rent. Now he is being told that the capital improvements are being disallowed. He has been working on this golf
course, within his budget, and he is still in the hole as far as profits. He reported it seems nobody wants to settle this issue,
and he would like to use the money he is paying in legal fees to make more improvements at the golf course. He reported
he is trying to do everything right, he does a lot for Seminole schools and their sports programs, and he doesn't understand
why this issue can't be resolved in an amiable and timely fashion. Mayor Dale explained that this Commission are
stewards of the tax payers money, and the Commission wants to make sure the taxpayers are getting the proper retum on
an $8 million asset.
Ouarterly Financial Report.
Donna Watt, Finance Director; reviewed the Quarte~y Report and reported that the revenues are about
where they were anticipated to be at the half year mark, and total expenditures for the General Fund are on target.
Direct deposit for all employees.
Donna Watt, Finance Director, reported that according to their survey no other entities require direct
deposit. They did some investigation into what would be available to City employees and Ms. Watt detailed three
programs available to City employees if direct deposit was made mandatory. After discussion the Commission concurred
that this program should be put aside for a year or two and then possibly re-addressed.
Fort Mellon Park development/redevelopment.
Mayor Dale reported he would like to take information to the County at a meeting on May 26, and present
to the Economic Impact Analysis and Estimate of Tax Increment for Lake Monroe and Downtown Sanford Redevelopment
Area regarding the Conference Center, Hotel and Retail Development Project. A vote for consensus will be asked for at
tonight's Regular Meeting.
Jan Dougherty, City Clerk, explained the procedures being followed regarding the Initiative Ordinance
drafted by The Society for the Preservation of Fort Mellon Park. Mayor Dale asked, for the record, if he has ever
instructed the City Clerk to delay this process. Ms. Dougherty answered "no". The Mayor further asked whose
responsibility it was to process these records. Ms. Dougherty asked if he meant whose responsibility it was to circulate the
petition. Mayor Dale said no, to deal with the public. Ms. Dougherty responded it was her responsibility. Mayor Dale
asked if anybody had interfered with her duty to do that. Ms. Dougherty responded "no". Ms. Dougherty further reported
there has been no pressure put on her to delay this process, and she has also no put any pressure on the Petitioners; they
have been advised they could wait to circulate the petition until after the City Attomey had reviewed it, or they could go
ahead. City Attomey Colbert reported his office was asked to review the Initiative Ordinance and upon reviewing they
raised two issues. The first was the legal description, which has been cured, and the second was a basic question as to
whether or not the City Charter precluded this type of activity under the Capital Improvements sectionf 'Upon researching
they found no definite answer. Mr. Colbert's office contacted the National Civic League that drafted the model charter
which the City of Sanford's is based on and got a verbal answer that the League did not think that it was precluded.
Attorney Colbert reported that if the Ordinance goes to a referendum vote and the majority says they are in favor of
226
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City Commission, Sanford, Florida 3:30 P.M. WORK SE,qSTON May
11
19 98
development in Ft. Mellon Park, it does not mean the City has to develop it; it only means they may develop it. If the
restriction is approved, it would limit the City's ability to develop in Ft. Mellon Park.
City Manager Simmons reported a fact sheet on Ft. Mellon Park could be circulated to either all utility
customers or all registered voters. The Commission concurred. [Attorney Colbert left the meeting]. Wayne Weinberg
invited the Mayor, on behalf of the Florida Directors of Greater Seminole County Chamber of Commerce, to speak about
the hotel/conference center at a Board meeting in June.
Seminole Vision.
Wayne Weinberg, President of the Greater Seminole County Chamber of Commerce, presented a new
organizational plan that has been developed for The Seminole Vision, including the creation of a Board of Community
Trustees made up of nearly 50 representatives from a wide range of community perspectives. The Chamber of Commerce
is asking Sanford to invest $2,500 in support of this process from now until the end of their fiscal budget cycle, September
30, 1998. This will be voted on at tonight's Regular Meeting. Mr. Weinberg reported the greatest benefit of The Seminole
Vision is the capability of getting groups and people together to work cooperatively towards a common goal, and
partnering entities for regional betterment.
Implementation of a broader cafeteria plan.
City Manager Simmons explained that the Commissioners had received information in their packets on the
cafeteria plan contracted with Seminole County, and a copy of the Agreement for Services on the Flexible Spending
Account Administration. Since the County's contract is an annual contract, the City has two alternatives: 1) to piggyback
on the County's contract, or 2) do an independent RFP. After discussion the Commission concurred to piggyback on the
County's contract. This will be voted on in tonight's Regular Meeting.
Seminole County's proposed pfioritization of CDBG Applications.
Charles Rowe, Community Development Director, reported the Commissioners had received a list of
projects that the County Staff is recommending for funding to the Board of County Commissioners. Three of the six items
listed are items submitted by the City. The other three were submitted by other entities. The Strawberry Avenue Project
and the Coastline Park Improvement Project, submitted by the City, are not being considered by the County Staff for
recommendation. Also, the $500,000 matching funds for the swimming pool, submitted by the County, is not being
recommended. The Commission has already voted to match the $500,000. The County is asking the City Commission to
rank the projects that they a recommending for funding. The City has already ranked the projects that the City submitted
to the County. The Commission concurred to take no action on this issue.
There being no further business, the meeting was adjourned.
Attest:
mr
E718672
MINUTES
City Commission, Sanford, Florida
227
7:00 P.M. REG. MEETING May 11 1998
The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, May 11, 1998, 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 Attomey William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Dougherty
The Chairman called the meeting to order.
Presentation of appreciation for personal water craft and trailers.
Mayor Dale and ChiefHickson recognized Brett Singer from Yamaha of Leesburg and Randy Smathers
representing South Sport Trailers for the donation of two personal water craft being used for water rescues, and the trailers
to transport these water craft, for the fire department.
Citizen participation.
Beverly Pickhey, M. L. Rabom, Tom Alexander, Kenneth Bentley, Bob Thomas, Brenda Hartsfeld, Rev.
Benjamin Allen, Jr., Brenadette Hardy Blake, Walter Walton, Beverly Harding, Joan Campbell, a man from the audience,
Faye Raye, Joyce Davis Ferguson, and Tom Mario all spoke on behalf of retaining Arthur Barnes as a police officer. They
collectively reported that Officer Barnes was an outstanding police officer and should not be fired after twelve years of
service just because he did not call in to report he was not going to be at work for one day. They felt there was a problem
in the management of the police department, and possibly the administration, and this matter should be reviewed very
carefully. There was reference to a report that the Commission received today, and a tape that some had listened to, and
these citizens felt Officer Barnes had been treated unfairly, and possibly with discrimination. The Commission assured the
citizens that this issue would be investigated and the proper steps taken.
C. B. Franklin reported drainage is non-existent in the area of 13th and Mangoustine. There have been
complaints against trucks parked at the ice house for the last three months and nothing has been done. He asked what
happened to the monies appropriated for Goldsboro streets and sewers, and reported somebody is dragging their feet, don't
care, or wants to draw a black and white line in the City. He reported the Commission should think about how many years
the community of Goldsboro has been highly neglected.
Harold Christensen, 1718 Magnolia, reported he has been trying to get a car port removed that is
overhanging his property. City Manager Simmons reported a variance can be obtained from the Board of Adjustment, or a
right-of-way use can be obtained, so this is not a problem for the City Commission to consider. City Attorney Colbert was
instructed to determine if the City could be held liable. City Attorney Colbert reported this sounds like a matter between
property owners but will research it for the Commission.
Ernie Horrell reported the kids of Sanford will never forgive the Commission if they build a hotel in Ft.
Mellon Park and block their view of the fireworks.
Martha Yancey reported there is some healing in Sanford tonight, and that is what Sanford needs. She
reported Fort Mellon Park has brought the blacks and whites together in the park and she would like to see a hotel-
conference center in Sanford, just not in Fort Mellon Park. Mayor Dale apologized for the differences he had in the past
with Ms. Yancy and promised to be more open and friendly with her in the future.
228
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MINUTES
City Commission, Sanford, Florida
7:00 P.M. REG. MEETING May 11 19 98
Tom Mario reported that everyone in Sanford has probably had children that have played ball in Ft. Mellon
Park, and the ball field should stay where it is.
Linda Mullins reported her husband, Terry Mullins, was also fired from the Sanford Police Department
three months ago, after ten years of service, for smoking. She would like his case reconsidered along with Arthur Bames'
case.
Commission meetinE minutes.
Mayor Dale requested that the minutes of the April 21, 1996 joint meeting with the Airport not be
considered tonight so the Commissioners could have more time to review them. Commissioner Lessard moved to approve
the corrected minutes of the March 9, 1998 Regular Meeting, the minutes of the April 27, 1998 Work Session and April
27, 1998 Regular Meeting. 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 hearinl~ to consider second reading and adoption of Ordinance No. 3408. re: close, vacate and abandon a
north-south alley between West 14th Street and West 15th Street and between Oak Avenue and Elm Avenue.
retainin~ same as an exclusive City of Sanford public services easement. Ad published April 30, 1998.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to the adoption of, Ordinance No. 3408. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3408,
entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING,
AND ABANDONING THAT CERTAIN NORTH-SOUTH ALLEY LYING BETWEEN
WEST 14TH STREET AND WEST 15TH STREET AND BETWEEN OAK AVENUE AND
ELM AVENUE IN THE CITY OF SANFORD, FLORIDA, 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 Hearinl~ to consider second readinl~ and adoption of Ordinance 3410. re: removal of junk cars on private
property. Ad published April 30, 1998.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to the adoption of, Ordinance No. 3410. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3410,
entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 11-
30, "KEEPING OF JUNK CARS, PARTS AND DEBRIS WITHIN THE CITY LIMITS OF
SANFORD, FLORIDA; EXCEPTION" OF THE SANFORD CITY CODE, baND
AMENDING SCHEDULE F, SECTION 6, "INOPERABLE OR UNLICENSED
VEHICLES" OF THE SbaNFORD LAND DEVELOPMENT REGULATION, TO DELETE
THOSE SECTIONS IN THEIR ENTIRETY AND ADD DEFINITIONS; PROVIDING FOR
ABANDONMENT OF VEHICLES; PROVIDING FOR ALLOWING VEHICLES TO
REMAIN OVER THIRTY (30) DAYS; PROVIDING FOR PENALTY, PROVIDING FOR
CIVIL ACTION; PROVIDING FOR KEEPING PROHIBITED; PROVIDING FOR
REMOVAL OF JUNK VEHICLES ON PUBLIC PROPERTY; PROVIDING FOR
E718672
MINUTES
City Commission, Sanford, Florida
7:00 P.M. REG. MEETING
May
229,
11 1998
REMOVAL OF JUNK VEHICLES LOCATED ON PRIVATE PROPERTY; PROVIDING
FOR POWER OF CITY COMMISSIONERS TO CONTRACT FOR REMOVAL;
PROVIDING FOR COSTS OF REMOVAL; PROVIDING FOR ENTRY POWERS;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Public Hearing to consider second reading and adoption of Ordinance 3411. re: annexing a portion of the property
lying between East Airport Boulevard and Marquette Avenue and between Red Cleveland Boulevard and Ohio
Street: 3103 Ohio Avenue. Ad published April 30 and May 7, 1998.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to the adoption of, Ordinance No. 3411. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3411,
entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORDA, TO ANNEX WITHIN THE
CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID
ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN
AIRPORT BOULEVARD EAST AND MARQUETTE AVENUE AND BETWEEN RED
CLEVELAND BOULEVARD AND OHIO STREET; IN ACCORDANCE WITH THE
VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; 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
Consideration of Condemnation Status Report/requests for extensions.
Charles Rowe, Community Development Director, reported that letters were received from the owners of
Condemnation Report No. 96-12, 1605 W. 7th Street and 97-2, 618 Mellonville Avenue, requesting extensions until May
31, 1998. Staff recommends these extensions. Commissioner Lyons moved to authorize extensions for Condemnation
Report No. 96-12, 1605 W. 7th Street and 97-2, 618 Mellonville Avenue, until May 31, 1998. 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
First reading of Ordinance No. 3409. re: amending the Personnel Rules and ReEulations (educational assistance
repayment and overtime calculation). Tabled from meeting of April 27, 1998 to revise Overtime Calculation text.
City Manager Simmons reported he and the Finance Director have been working to clarify the firefighter
overtime issue in this ordinance, and there are still some issues that need further examination. He recommended this
ordinance be continued to the next meeting. Commissioner Lyons moved to table Ordinance No. 3409, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE
NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION 10.9(F) OF THE CITY'S
PERSONNEL RULES AND REGULATIONS TO PROVIDE FOR THE METHOD FOR
REPAYMENT OF EDUCATIONAL EXPENSES; AMENDING ORDINANCE NO. 3324
230
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MINUTES
City Commission, Sanford, Florida
7:00 P.M. REG.
MEETING
May
11
19--
98
AND ITS AMENDMENTS TO AMEND SECTION 11. 15(A) OF THE CITY'S
PERSONNEL RULES AND REGULATIONS TO EXCLUDE LEAVE TIME AS "HOURS
WORKED" IN OVERTIME CALCULATIONS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE, APPLICABLE TO ALL CITY EMPLOYEE' S
EXCEPT THOSE EMBRACED BY EXISTING COLLECTIVE BARGAINING
AGREEMENT(S) IN EFFECT.
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
Commissioner Williams reported those employees who are required to attend meetings at night to serve committees should
also be given consideration. City Manager Simmons agreed to meet with Commissioner Williams on this issue.
Resolution No. 1785. re: authorize the sale of fire station land to FDOT for GreeneWay right-of-way.
City Manager Simmons reported this is property that was originally purchased by the City for a fire station
on Upsala Road. The property will be sold for $99,000.00. Commissioner Lessard moved to adopt Resolution No. 1785,
eutitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE SALE
AND CONVEYANCE OF PROPERTY TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FIGHT-OF-WAY FOR STATE ROAD NO. 417; PROVIDING
AN 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
Boards: re-appointment.
Nuisance Abatement Board: The City Clerk reported member Michael Goeb's term will expire June 10,
1998. Commissioner Lessard moved to reappoint Michael Goeb to the Nuisance Abatement Board. 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
Citizens Advisory Board: The City Clerk reported member William Downs has resigned, and Earl Myers
was removed from the Board for non-attendance. The Commission acknowledged the resignation and removal and made
no appointments to this Board.
Consent Agenda.
Commissioner Lyons reported he would like Item D removed from the Consent Agenda and voted on
separately because he must abstain from that item due to a conflict, and he will file the proper paperwork within fifteen
days. Commissioner Lessard moved to approve request from the Solid Waste Division to declare 37 dumpsters as junk
and sell to Jennings Environmental as scrap metal at $1.75 per 100 pounds, and removed from the Solid Waste inventory.
Seconded by Commissioner Eckstein and carried by vote of the Commission as follows:
FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAS'F NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD. COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE
LYONS, KERRY D.
MAILING ADDRESS
110 N. Scmerset Ct.
CITY
Sanford
DATE ON WHICH VOTE OCCURRED
May 11, 1998 -
COUNTY ·
CI~ COMMISSION
' '['HE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
:-XCI'FY : ! COUNTY : ] OTHER LOCAL, AGENCY
NAkCE OF POLITICAL SUBDIVISION:
Sanford, Florida
MY POSITION IS:
~ ELECTIVE i ~ APPOINTIVE
WHO MUST FILE FORM 8B
--,~
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or dommittee It applies equally to members of advisory and non-advisory bodies who .are presented
with a voting conflict of interest under Section 112.3143; Florida Statutes. The requirements of this law are mandato~ry; 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 gre.~tly'dcpending
on whether you hold an elective or appointive position. For this reason, please pay close aitention to the instructions on this form
before completing-the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTiCON 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 specialsprivate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a prificipal (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 cS~in{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 he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the:nature of the conflict before making any attempt to influence the d~cision by oral or written communication, whether
made by the officer or at his direction.
IF 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 (belbre 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 form 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:
o You should disclose orally the nature off' 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 minutes
of the meeting, who should incorporate the form i.n the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
,,
I. KerrV D. LVons . , hereby disclose that on MaV 11
(a) A measure came or will come before my agency which (check one) -.,
X inured to my special private gain; or
__ inured io the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
MEasure:
, 19 98 :
, by whom I am retained.
Consideration of request from 'Solid Waste to declare 37 dumpsters as junk
and sell to JeDlqings Environmental as scrap metal at $1.75 per 100 pounds.
Nature of my interest: My wife is employed by Jezmings EnviroDmental.
Date Filed
Signature :-.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION Ir
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
E718672
MINUTES
City Commission, Sanford, Florida
7:00 P.M. REG. MEETING May
231
11 i9.98
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Abstained
Commissioner Lyons moved as follows:
Authorize payment of statements from:
(1)
(2)
Foley & Lardner in amount of $3,886.31 for Professional Services 3/2/98 through 3/27/98 re:
Gasification Plant.
City Attorney in amount of $10,795.67 for Professional Services in April, 1998.
Coal
B. Approve two proposals from Ardaman & Associates for Quarterly Groundwater Monitoring, at Site 10 and
Mayfair Golf Course in annual amount not to exceed $4,000 for Site 10, and annual amount not to exceed
$2,000 for Mayfair Golf Course.
C. Approve request from Terry E. Christensen for reimbursement for stormwater damage in amount of
$2,838.04.
D. Approve asphalt rejuvenation of various streets using the City of St. Petersburg's contract with Pavement
Technology, Inc. in total amount of $108,587.50.
E. Approve Vouchers for the month of April, 1998.
F. Acknowledge ten (10) invoices in total amount of $95,476.55 from Conklin, Porter and Holmes
($3,766.01, $6,699.27, $480.78, $4,077.82, $3,250.45, $4,233.40); Coal Gasi~cation Plant escrow fund
($66,216.40); Ecotech ($4,234.00); and Ardaman & Associates ($768.44, $1,749.98) paid during the period
for previously approved lump sum contracts per City Commission approval on October 8, 1990 and
November 5, 1991.
G. Authorize application for ISTEA grant(s) for bicycle and pedestrian enhancement projects.
Seconded by Commissioner Willjams and carried by vote of the Commission as follows:
City Attorney's report.
No report.
City Clerk's report.
No report.
City Manager's report.
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
A. City Manager Simmons requested a vote of authorization for the Mayor and CRA Chairman to go
before the Board of County Commissioners on May 26, 1998 to seek County support for the
Conference Center Development in Ft. Mellon Park.
Commissioner Lessard moved to authorize the Mayor and CRA Chairman to appear before the Board of
County Commissioners on May 26, 1998 to seek County support for the Conference Center Development in Ft. Mellon
Park. SeConded by Commissioner Williams and carried by vote of the Commission as follows:
232
E718672
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City Commission, Sanford, Florida
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May
11
19 98
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
regard to the Ft. Mellon Park Development.
follows:
B. City Manager Simmons requested a vote to direct staff to immediately mail out a fact sheet to City
residents with regard to the Ft. Mellon Park Development. This fact sheet would be mailed to either
registered voter households or utility customer households. Mayor Dale reported the fact sheet
should include economics facts as well.
Commissioner Williams moved to mail a fact sheet, including economic facts, to utility customers with
Seconded by Commissioner Lyons and carried by vote of the Commission as
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
C. City Manager Simmons asked for a vote as to the request by Wayne Weinberg regarding Seminole
Vision, for $2,500.00 for continuation of support for that program.
Commissioner Lyons moved to approve $2,500.00 from the City Manager' s Contingency Fund in continued
support of the Seminole Vision program.
follows:
Seconded by Commissioner Williams and carried by vote of the Commission as
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
D. City Manager Simmons requested a vote to direct Staff to develop a contract to piggyback on
Seminole County's contract for a flexible spending plan under the cafeteria plan for all City
employees.
Commissioner Eckstein moved to direct Staff to develop a contract to piggyback on Seminole County' s
contract for a flexible spending plan under the cafeteria plan for all City employees. 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 City has received a request from MetroPlan for the
appointment of a replacement of the City representative on the Citizen's Advisory Committee. This
position was previously held by John Olson. City Manager Simmons recommended Tom Ball to fill
this position.
Commissioner Lyons moved to appoint Tom Ball to replace John Olson as the City representative on
MetroPlan's Citizen's Advisory Committee. Seconded by Commissioner Williams and carried by vote of the Commission
as follows:
E718672
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MINUTES
Commission, Sanford, Florida
7:00
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233
May 11 1998
Go
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Manager Simmons reported the City has received a request from the American Legion
Auxiliary for the Commission to designate May 22 and May 23 as Poppy Days. The Mayor reported
he had signed a Proclamation to that effect. The Commission had no objections.
City Manager Simmons reported the City had received a check this week for $27,415.95 as
settlement on the Pine Shadow apartments issue involving two code enforcement liens and an
unpaid utility bill. This is the City share of a judgement that was obtained in the United Kingdom
against the prior owner. The Commission authorized Mayor Dale to write a thank you letter to the
attorney who obtained this judgement in the United Kingdom.
City' s line of credit.
Commissioner Eckstein moved to authorize a loan to the
appropriate contract. Seconded by Commissioner Willjams and carried
City Manager Simmons reported the airport would like a loan from the City, to be drawn on the
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
airport from the City' s line of credit, with the
by vote of the Commission as follows:
I. City Manager Simmons reported the Commission had scheduled a Special Commission Meeting to
interview City Manager candidates to be held on June 1, 1998. At least one candidate will not be
available on that date, so he would like to set an alternative date, The Commission concurred to
hold the meeting either June 2 and/or June 4, at 4:00 p.m.
City Commissioners' reports.
Commissioner Eckstein - no report.
Commissioner Williams - reported that according to the latest Asphalt Rejuvenazation List there were no
streets in District 2 listed for restoration or refurbishing. Jerry Herman, Public Works Director, reported that a resurfacing
list is being prepared and it will include streets in District 2. Mr. Herman reported the resurfacing should be done about
three months after the contracts are signed.
Commissioner Lessard - reported the Paralyzed Veterans of America held their annual National Fishing
Tournament and they will not be moving the tournament as reported earlier.
Commissioner Lyons - reported he received a letter from Carmer Davis requesting to speak to the
Commission at a hearing regarding boats parked on the street. Commissioner Eckstein reported there is nothing the
Commission can do unless they want to change the Ordinance.
Mayor Dale - no report.
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There being no further business, the meeting was adjoumed.
/
Attest:
mr