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052698 ws/rm min.i~718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION May 235 26 19-- 98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, May 26, 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 Attorney William L. Colbert City Manager William A. Simmons Acting City Clerk Markae J. Rupp The Chairman called the meeting to order. Mayor Dale reported Commissioner Lyons and he artended a meeting with Seminole County regarding the proposed Hotel/Conference Center in Ft. Mellon Park. He reported the County voted four to one to endorse the site, the CRA funding and to commit TDC funding. PRA will now proceed with the feasibility study. Mayor Dale distributed a letter from Steve Coover with regard to a breakdown of the funds to be loaned to the Airport by the City, and what the funds will be used for. Sanford Airport Authority finaneial status report. Susan Flowers, Director of Finance and Properties at the Airport, gave a financial status report for March. She reported that the airport essentially has a definitive make money season and lose money season. March is generally the end of the lose money season. Ms. Flowers reported General Revenues are about average for the year and Operating Expenses are on target. Commissioner Eckstein asked for an explanation of the loan agreement with Jet Air. Ms. Flowers explained that the Airport was the issuer of the bonds but Jet Air is responsible for the payment of those bonds. Commissioner Eckstein reported the City should be willing to go ahead with funding more long term projects at the Airport and become a better partner with the Airport. Mayor Dale agreed. Report on Itotel/Conferenee Center. Hank Fishkind, a Financial Advisor to the City, reported that the County has committed to the site and some tourist development tax revenues for support of the public/private parmership that would be involved. The proposed project includes a Conference Center and 300 room Hotel, along with a retail component. The proposed redevelopment would include a boardwalk, fishing pier, streetscape, marine improvements, street improvements and streetscape improvements to tie in to the Historical District. All the pieces are in place for a $15 to $20 million public/private partnership in Sanford. The employment impacts and salary impacts are extensive. Compared to similar facilities in Florida, the direct employment for this project would be over 700, stimulating about 500 additional jobs and spending. The payroll would be about $30 million. This would make Sanford the largest employment center in Seminole County. Mayfair Golf Course lease negotiations. Bill Colbert, City Attorney, reported he has met individually with several Commissioners, Mr. Simmons, Donna Watt, and Ms. Reischmann. He has also met several times with Mr. Daniels, Mr. Knowles and Mr. Harrison to seek resolution of differences between the City and the Golf Course. Mr. Colbert presented the last offer made to the City and stated he could not unequivocally recommend this proposal. He also reported he received a check on Friday afternoon 236 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION May 26 19 98 in the amount of $255,246.00 for rent owed to the City by the Golf Course. This was paid by Mr. Daniels under protest in an effort to cure the default. [Commissioner Lyons left the meeting, then returned.] City Manager Simmons reported what has been presented to the Commission by the Golf Course is a proposal to re-write the lease. If the City chooses to litigate he does not feel the lease would be rewritten but it would be interpreted in a different way. Attorney Colben reported the check received from Mr. Daniels is being held until a decision is made whether it is appropriate to deposit it into the City account, to return it to the sender, or interplead it into the Court. Mr. Harrison, Attorney for the Golf Course, reported at 4:30 today he filed a law suit against the City, so the issue is now in litigation. He reported the money was paid, under protest, to cure the alleged breach of the lease, and any legal fees involved with such breach. Mayor Dale reported with the filing of the law suit by Attorney Harrison the City can now move ahead with the discovery process, which he requested City Attorney Colbert proceed with posthaste. The Commission concurred to move forward with the litigation and immediately start the discovery process. [Attorney Colbert left the meeting.] Request for a hearing before the Citv Commission regarding City Code See. 18-20, parking of boats and recreational vehicles. After discussion the Commission decided not to change the City Code regarding this issue, and instructed City Manager Simmons to inform the requester that it will not be changed. Removal of Civil Service coverage for future department heads. Commissioner Lyons reported the Commission should adopt an Ordinance to remove department heads from Civil Service coverage before a new City Manager is hired. This would give the new City Manager the proper tools available to manage the City as he sees fit. Mayor Dale agreed. Commissioner Eckstein reported the negatives outweigh the positives in eliminating Civil Service for department heads. The Commission concurred to put this on the next Agenda for discussion during the Code Review. Cemetery expansion. [Commissioner Eckstein left the meeting, then retumed.] After discussion the Commission concurred to continue flee burial for veterans who are citizens of Sanford if there is proof of financial hardship. Also, that the City should go ahead and develop available land for additional grave spaces. ltours worked for overtime calculation. Donna Watt, Finance Director, presented three scenarios for overtime calculation for tirefighters. She also reported there is nobody who has an annual salary; "annual salary" is quoted to be able to arrive at an hourly rate for an employee. After discussion it was concurred that Fire Chief Hickson would present the three scenarios to the tirefighters and let them decide which one they prefer, then bring it back to the Commission. It was also discussed that if no one has an annual salary, then positions should not be advertised that way. Commissioner Williams asked if the Commissioners had considered the concern she expressed at the last meeting regarding overtime paid to secretaries who attend meetings on an overtime basis. After further discussion the Commission concurred to table the Ordinance tonight for further review. E718672 MINUTES City Commission, Sanford, Florida 237 3:30 P.M. WORK SESSION May 26 19 98 Board appointments. Mayor Dale reported Lynn Stogner has resigned from the Planning and Zoning Commission effective immediately. Commissioner Eckstein suggested Kevin Hipes as a replacement for Mr. Stogner. Commissioner Lyons reported he had contacted Henry Sweet to see if he had any recommendations for members to the Planning and Zoning Commission, and Andrew Kutz was suggested. Mayor Dale reported David Johnson or Jerry Mills would be a good appointment. Commissioner Lessard also mentioned Hugh Ratliff. It was concurred that Mr. Eckstein should appoint Kevin Hipes tonight and the rest of the vacancies could be filled at the next meeting. Regular Aeenda items. Late items. and other items. Jay Marder reported the Planning and Zoning Commission had approved what the Commission suggested and now it needs to be put in Ordinance form. The Commission concurred to authorize it to be put in Ordinance form and advertised appropriately to amend the Regulations. City Manaeer's report. A. City Manager Simmons requested scheduling of the budget Work Sessions. The Commission concurred to meet for budget Work Sessions at 3:30 p.m. each day on July 6, 7 and 8. B. City Manager Simmons reported there have been requests from several haulers to extend the Solid Waste RFP bid due date two weeks from the present due date of June 25, 1998. The City has lost seven of their 35 employees in the Solid Waste Division, and the City may have to start reassigning workers from other departments to cover the positions. After discussion the Commission concurred not to extend the bid due date. C. City Manager Simmons reported he has received a request for emergency sewer service for property on Upsala Road close to 251h Street. The property owner will be submitting an annexation petition and the property is annexable. He will be asking for a vote tonight. D. City Manager Simmons reported he has asked Keith Reeves of ADG to complete the Building 310 study (the old Sheriffs office) for prospective relocation of the Police Department. The results of the study will be presented to the Commission either before or at the budget Work Sessions. There being no further business, the meeting was adjourned. Attest: 1T[Z' 238 E718672 MINUTES City Commission, Sanford, Florida 7:00 P,M. REG. MEETING May 26 1998 The City Commission of the City of Sanford, Florida met in Regular Meeting on Tuesday, May 26, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Absent: The Chairman Citizen Participation. 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 Acting City Clerk Markae Rupp City Clerk Janet R. Dougherty called the meeting to order. Tyrone Alexander, West 16th Street, appeared and asked the Commission to clarify questions regarding the survey that was done for the Sanford Police Department: was the survey passed along to the Police Department and what time limit was given for implementation. Mayor Dale said a study was done, a Citizens' Advisory Committee made recommendations, a reorganizational aspect was given to the Police Department, and there is a six month evaluation period and a year evaluation period. Mr. Alexander said there needs to be more police visibility in his area and that leadership should be accountable. Beverly Peyton, 1506 W. 18th St., appeared and asked if the Commission had reviewed the allegations regarding the firing of Officer Bames. Mayor Dale said that the Commission has reviewed the allegations and a grievance due process is taking place. Amy Collie, 2062 Hibiscus Court, appeared and read a letter to the Commission from home owners in the Rose Court subdivision regarding a problem with their garbage not being picked up from the alley behind their homes. She said on September 27, 1971, the City inadvertently vacated as an alley, the property known as the Barnes lot. Before 1971 and continuously since, the City has used the land as an alley and the residents of Rose Court have used the land for ingress and egress for Sanford Avenue. For the last twenty-seven years no one owning the Bames lot claimed that the City or residents of Rose Court didn't have a right to use the land in question as an alley. Ms. Collie said that Ms. Harrison, the owner of the Bames lot, asked City employees to trim trees in her back yard after completion of water and sewer work. She also wanted stabilized fill material placed in the alley behind her house. City employees told Ms. Hamson that the City didn't own the alley and has no claim to the use of the north twelve feet of the Barnes lot for alley purposes. Ms. Collie said that Rose Court and the original sections of the City are laid out and planned with proper access for utility vehicles at the rear of the lots. Ms. Collie said the home owners of Rose Court said they supported Ms. Harrison and asked the Commission to cut the branches that Ms. Harrison asked be cut, that the City maintain the east-west alley across the north twelve feet of the Barnes lot, and that the City bring the alley in question up to grade with millings, coquina, or material of similar nature. Ms. Collie said the home owners of Rose Court support the City's right and their right to use the alley in question and will testify to the continuous use by the City and themselves. Ms. Collie said the Rose Court home owners are asking Ms. Harrison to deed to the City the necessary easement or alley to allow use of the north twelve feet of the Bames lot. She asked that the City prepare the necessary document and be sure they are recorded correctly. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 239 May 26 98 19.~ Ms. Collie asked that the City pick up the garbage on Thursday in the alley. Mr. Simmons said there is a major safety problem with the garbage truck operators backing up or down an alley. Ordinance Numbers 1028 and 1040 close, abandon, and vacate certain alleys and the City has no legal right to use those alleys. Bill Kirchoff, 2044 Hibiscus Court, appeared and said the City has a prescriptive easement and he will testify that the easement has been continuously used by the City. City Attorney Colben said a prescriptive easement would have to be established in court and the elements of proof would include the open, notorious, continuous, uninterrupted use of property for at least twenty years of duration. If a court is convinced that the evidence supports that, then the court can establish a prescriptive easement by judgment, which is then recorded. Commissioner Lyons said he would speak with Ms. Harrison to try and resolve the issue. The Commission asked Mr. Simmons to have staff pick up the garbage in the alley on Thursday. Reginald Lowcry, 3301 Main Street, and Mrs. Elmira Hall, owner of property at 1104 Willow Avenue, appeared and reported there is a north-south alley at the rear west property line of her property that has been used as an illegal dumping ground. Mayor Dale asked Mr. Simmons to have Code Enforcement assess the situation and if it is determined that the City owns the property, the City will clean it up; if it is on private property, then it will be handled through Code Enforcement. A man (did not identify himself) appeared and said that Officer Barnes should be treated fai~y and should receive equal punishment to those who have similar offenses. Joe Young, 1321 Shepherd Avenue, President of the Westside Association, appeared and reported the Association had a meeting last week and discussed the situation regarding Officer Barnes. He also said that he would like the three-way stop sign at 16th Street and Lake Avenue policed. Several times he has almost been hit because people fail to stop. He also voiced a complaint about people dumping garbage in the ditch beside his house, that he plans to take pictures ofwhomever is dumping, and that he will take action to resolve the problem. Commission meeting minutes. Mayor Dale said the Citizen' s Participation portion of the Regular Meeting Minutes of May 11, 1998 should be amended to reflect Manha Yancey's comments about that night being a night of healing and that she was glad that she and the Mayor had spoken to each other and that the Mayor promised to continue to speak to her. Commissioner Lessard moved to approve the minutes of the April 21, 1998 Special Meeting, May 11, 1998 Work Session and May 11, 1998 Regular Meeting, with amendment. 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 240 E718672 · MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING May 26 19 98 Public Hearin~ to consider rezoning a portion of the property between Tradeport Drive extended westerly and Carl~o Court extended westerly and between Mellonville Avenue extended southerly and Park National Drive (3801 Mellonville Avenue) from AG. Agricultural to MI-2. Medium Industrial: First readin~ of Ordinance No. 3412; Ad published April 22 & May 1, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to this item. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3412, 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 TRADEPORT DRIVE EXTENDED WESTERLY AND CARGO COURT EXTENDED WESTERLY AND BETWEEN PARK NATIONAL DRIVE AND MELLONVILLE AVENUE EXTENDED SOUTHERLY, FROM AG (AGRICULTURAL) TO MI-2 (MEDllJM INDUSTRIAL); 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 Mayfair Golf Course lease. Mayor Dale referenced the comments made at the Work Session by the Counsel for the lease holder regarding the filing of a lawsuit against the City this aRemoon. At the dinner break he was served a copy of the lawsuit, which has been passed to Mr. Simmons and then to Mr. Colbert. On suggestion of Mr. Colbert, Commissioner Williams moved to authorize the City Attorney's office to defend the lawsuit. 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 On recommendation of Mr. Colbert, Commissioner Lyons authorized the Mayor to take appropriate legal action regarding the tendered rent payment, including acceptance with reservation of all City rights. 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 readinl~ of Ordinance No. 3409, re: amendin!~ the Personnel Rules and Reeulations (educational assistance repayment and overtime calculation). Commissioner Lessard moved to table Ordinance No. 3409 to the meeting of June 8, 1998. Seconded by Commissioner Williams and carried by the vote of the Commission as follows: E718~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. 241 MEETING May 26 98 19-- Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Boards: appointments/reappointments. Civil Service Board. The Acting City Clerk reported the term of William T. Royster expires June 30, 1998. Commissioner Lyons moved to reappoint Mr. Royster. 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 Code Enforcement Board. The Acting City Clerk reported the terms of Anthony People and Bernard D. Mitchell expire June 30, 1998. Neither wishes to be reappointed. Commissioner Lessard moved to appoint Joe Christopher Eades. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Planning and Zoning Commission. The AGing City Clerk reported the terms of Ben Dyal, Helen L. Stairs, and A. A. McClanahan expire June 30, 1998. Ben Dyal has served the maximum number of terms and can not be reappointed; Helen Stairs does not want to be reappointed, and A. A. McClanahan would like to be reappointed. Commissioner Eckstein moved to appoint Kevin Hipes to replace Lynn Stogner who has resigned due to relocation. 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 Waterfront Master Plan Steering Committee. The Acting City Clerk reported the terms of Kay Bartholomew, Robert Hopkins, Linda A. Keeling, Molly Hudson, Walter Padgett, Chuck Volk, and Bill Barwick expire June 28, 1998. All are willing to serve another term. Commissioner Lyons moved to reappoint all. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consent Agenda. Commissioner Lyons moved as follows: A. Authorize payment of statement from: (1) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. for Professional Services April 1 thru April 29, 1998: $693.69. B. Acknowledged one (1) invoice in amount of $1,500.00 from Scott Partnership Architecture paid during the period for previously approved lump sum contracts per City Commission approval on 242 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING May 26 98 19-- October 8, 1990 and November 5, 1991. Seconded by Commissioner Lessard and carried by the vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Attorney's Report Mr. Colben said there was a lawsuit filed against the City last year by Mr. Ricky Shearer as an individual, and as personal representative of the estate of Sharon SheafeL deceased. The twelve count complaint case being defended by the City's insurance carrier, was transferred from Circuit Court to Federal Court. He said he received a copy of an order from Judge Kendall Sharpe today which dismisses all twelve counts of that complaint. Mr. Colbert said the status of the Fina Appeal is that he is awaiting a ruling from the Circuit Court on a part and that it has been pending for almost a year. City Clerk's Report. No report. City Manaffer's Report. 1. Mr. Simmons said there had been a request from four haulers for a two week extension of our Solid Waste RFP planned proposal opening on June 25. On recommendation of the City Manager, Commissioner Williams moved to deny the request to delay the opening of the Solid Waste RFP scheduled for June 25. Seconded by Commissioner Lessard and carried by the vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye 2. Mr. Simmons said there had been a request for emergency sewer service for 154 Upsala Road. The property is currently on septic tank and presently receives water from a private utility. There may be a problem coordinating with the private utility to obtain the water usage for purposes of billing for sewer. To be in accordance with City Code, it may be necessary to require the customer to hook up to City water once annexed, however, there may be a franchising issue. On recommendation of the City Manager, Commissioner Williams moved to authorize emergency sewer connection provided that details can be worked out regarding water, and that an Annexation Petition is filed. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Commissioners' Reports. Commissioner Eckstein: no report. Commissioner Williams: no report. Commissioner Lessard: no report. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 243 May 26 19 98 Commissioner Lyons: Code Enforcement Week is recognized during the month of June and the Commission needs to show support, perhaps in the form of a Resolution to be read at the next meeting. Mayor Dale: no report. There being no further business, the meeting was adjourned. cp