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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 E718672 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. g718672 MINUTES 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 E718672 MINUTES 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 E718672 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 E718672 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 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 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 City MINUTES Commission, Sanford, Florida 7:00 REG. MEETING 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. 234 E718672 MINUTES City Commission, Sanford, Florida 7:0O P.M. REG. MEETING May 11 19-- 98 There being no further business, the meeting was adjoumed. / Attest: mr