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060898 ws/rm min.246 E718672 · MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION June 8 1998 The City Commission of the City of Sanford, Florida met in Work Session on Monday, June 8, 1998, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 Noah Park Avenue, Sanford, Florida. Present: Mayor-Cormnissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Willjams City Manager William A. Simmons City Clerk Janet Dougherty Absent: City Attomey William L. Colbert The Chairman called the meeting to order. Mitigation for eagles' habitat at the Orlando-Sanford Airport. Mayor Dale reported on the mitigation for the eagles' habitat at the Airport. An agreement has been negotiated with Charles Lee, Florida Audubon Society, for a Conservation Easement at Site 10 where we have already set aside eagle habitat. The agreement would set aside 105 acres as a perpetual Conservation Easement, and will save 20 credits for a cost savings of $360,000.00. It will require about $25,000 from the Airport Authority's budget. This will be voted on at tonight's Regular Meeting. [Mayor Dale left the meeting.] Power Company smoke stacks. Commissioner Lessard reported the Commission should send a letter to DeBary in regards to whether or not they should tear down the existing power company smoke stacks. He would like to see them tom down. Alley in 2300 block of Sanford Avenue. Commissioner Lyons reported he had spoken with Lauri Harrison regarding trash pickup in the alley located in the 2300 block of Sanford Avenue. He reported Ms. Harrison would not consider an easement, and would not even talk about a price the City could pay for an easement. It was concurred that the City will not use this alley for trash pick-up in the future. City Manager Simmons reported the City would have to spend tax dollars to go to court to get a prescriptive easement if it wanted to use this alley. [Mayor Dale returned to the meeting.] Mill Creek Drainage improvement -- Land Acquisition for retention pond. City Manager Simmons reported he has received a proposal from Hartman and Associates to survey the land, which must be done before going to the St. Johns River Water Management District. This proposal is for an amount not to exceed $8,500.00. The Commission concurred to vote on this at tonight's Regular Meeting. Proposed Evaluation Team for Solid Waste RFP. Jerry Herman, Public Works Director, proposed a review team comprised of City Manager Simmons; Donna Watt, Finance Director; Jerry Herman, Public Works Director; Tony Helton, Solid Waste Supervisor; and Kevin Gray, Solid Waste Contract Administrator for the City of Ormond Beach. He also recommended the Commission designate one Commissioner to serve on this team. After discussion Commissioner Lessard reported he would serve on the team. The Commission concurred. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 247 June 8 19 98 Status of Ordinance No. 3409 re: overtime calculation. Fire ChiefHickson reported all firefighters have had an opportunity to review the three scenarios discussed at the last Commission Meeting, and they agreed they would prefer Scenario IL This is the Scenario which was written into Ordinance No. 3409, which will be up for first reading at tonight's Regular Meeting. RFP for General Insurance for City. Donna Watt, Finance Director, reported the Florida League of Cities has carried the City's property and liability insurance for the past 10 years. She reported the Commission may want to consider doing an RFP for this insurance before next year. The Commission concurred. Votin8 delegate to the Florida LeaSue of Cities' Annual Conference. Mayor Dale reported the Florida League of Cities, Inc. has request the City designate a voting delegate who will attend the 72rid Annual Conference. He asked if any of the Commissioners wished to attend. Commissioner Lessard reported if the Commission felt they wanted to send a representative he would consider it. This will be discussed at the next meeting. Board appointments. : Mayor Dale reported the Planning and Zoning Commission has three vacancies. Mr. McClanahan wishes to be re-appointed. Commissioner Lessard reported Mr. Ratlift had expressed an interest in this Board but now cannot accept an appointment. Commissioner Lyons reported Mr. Kutz has not returned an application yet. Mayor Dale suggested Jerry Mills or David Johnson may be good candidates. Commissioner Williams indicated she had a couple of people in mind. it was decided that all three vacancies did not have to be filled immediately. Mayor Dale reported the County had appointed Tom Ball to the CRA Board, but the City has not received any confirmation of that appointment. The Commission concurred to appoint the County's appointee after receipt of written confirmation. Commissioner Lyons reported an application for the Code Enforcement Board had been received from Jennifer Singeisen. The only other application on file is from Jim Hattaway, who is moving out of the area. Mayor Dale reported he and Commissioner Eckstein need to appoint someone to the Citizens Advisory Board. Mayor Dale mentioned David Johnson as a possible candidate. Regular Agenda items. Late items. and other items. There were no items discussed. City Manager's report. City Manager Simmons reported a Resolution will be presented to the Commission tonight for adoption re: Water Restrictions for the City of Sanford customers/users. Paul Moore reviewed the Resolution and the Commission concurred to vote on it tonight. City Manager Simmons reported he has received a proposed contract from Universal Engineering Sciences for geotech work for preparation of plans for renovation of the Historic Sanford Memorial Stadium, in the amount of $2,852.'00. He will be asking for a vote of authorization at tonight's meeting. City Manager Simmons reported on the status of Ordinance 3410, which authorizes the City to remove junk vehicles from private property. Charles Rowe reported Community Development has chosen 105 Larkwood as a test case 248 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION June 8 19-- to allow the process to be fine tuned. It has been decided to use a rotation system for towing services. The one snag is if the owner protests at the time the vehicles are to be towed the City will not be able to claim the vehicles, unless the City Attorney could pursue the case via injunction. The Commission took a short recess. City Code Review. The Commission reviewed and discussed Article 19, Section 2-315 of the City Code, re: Civil Service Board. Mayor Dale reported he is not aware of any other Florida City that has a Civil Service Board that serves in other than an advisory capacity, and that our City Commission should take the final action. Commissioner Willjams reported all employees should have the right to appeal Civil Service Board decisions to the City Commission. Mayor Dale reported our Civil Service Board should be an advisory board, either to the City Manager or the City Commission, with the City Manager's decisions appealable to the City Commission. Commissioner Willjams reported she would not object to the Civil Service Board being an advisory board as long as the City can assure due process for all employees. Mayor Dale reported the approval of job classifications should be left to management with approval by the City Commission. After discussion the Commission concurred that City Manager Simmons prepare a draft revised Civil Service Ordinance, based on their discussion, and bring it back to the Commission at a later date. In view of the above consensus, Commissioner Lyons stated he did not wish to discuss the removal of future Department Heads from Civil Service protection at this time and the Commission concurred. The Commission discussed the pay ranges for Commissioners in other Florida cities. Mayor Dale reported that if the Commission would legislate a pay raise for Commissioners, none of the current Commissioners would benefit from that raise until they had won another election. what Commissioners in comparable cities are paid. Further, our Commissioners should be paid at least the average of After further discussion the Commission concurred that Staff prepare an Ordinance to amend the Commissioners' pay, with the amount left blank for the Commission to fill in. CDBG Funding Charles Rowe, Community Development Director, reported the City has received a grant for community policing services and the City has until May, 1999 to construct the new building for community policing. Mr. Rowe offered to assist the Police Department in this effort. Chief Dillard reported the Seminole County Sheriff' s Department is handling the plans and construction of the building. On recommendation of Commissioner Willjams, Mayor Dale reported he and Commissioner Willjams will meet with the Sheriff's Department next week to discuss the CDBG Funding and establish future meetings between the Sanford Police Department and the Sheriff' s Department. There being no further business, the meeting was adjourned. Attest: 98 1~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 249 June 8 19 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 8, 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 Attorney William L. Colben City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Dale announced the Citizens Advisory Board will meet Wednesday, June 10, 1998 at 7:00 P.M. in the City Commission's Conference Room. Proclamation. Commissioner Lyons reported that the 3rd Week of June is Code Enforcement Week. He presented Charles Rowe, Community Development Director; Dan Florian, CEB Inspector; and Mary Muse, CE/Licensing Specialist with a copy of a Proclamation, proclaiming June 15 through 19, 1998 as Code Enforcement Week. Presentations. Commissioner Lessard presented District I's Citizen of the Term Award to Walter and Lisa Nason for their outstanding service to the community and support to the City. Mayor Dale and Chief Dillard presented Certificates of Appreciation from Sonitrol of Orlando, Inc. to Officer Franklin Hilton, Officer Christopher Serino, Officer Eric Seifert, Officer Thomas McCall and Dispatcher William West. Mayor Dale read a letter from Randy Morris of Seminole County and presented a Resolution from Seminole County to the Public Works Department, specifically Jerry Herman, Public Utilities Director, and his staff.' Wilma Fydenkevez (Shine), Elwell Ferrell, Roland Price, Jackie Crumpton, Mike Frazier, Rosendo Lopez, Bruce Hatcher, Stanley Hillcry, and William Jermyn. This Resolution was in recognition of their efforts and assistance during the recent tornadoes. Mayor Dale thanked City Manager Simmons for his assistance in coordinating those efforts. Citizen participation. Tom Watson, 118 Bethune Circle, reported last week he observed a situation where the Sanford Police were called to a home on a civil matter, where the husband was removing belongings from the home in which the wife resided. The wife was asked by a policeman to leave the premises and was told if she remained there she would be arrested. When Mr. Watson questioned an officer about the wife's rights he was told if there was anything being taken she did not approve of it would have to remain, but the wife had already left the premises as she was told to. By the time she returned most of the belongings had been loaded and the husband left. Mr. Watson feels that some of the remarks that had been made to the wife were rather personal, and total disregard for her and her rights was shown. He would like this situation corrected. Mayor Dale asked Mr. Watson to meet with him and the City Manager and they will see if the situation can be corrected. Kenneth Bentley, a Sanford citizen, reported the citizens want to know what the situation with Officer Barnes is. Mayor Dale reported hearings on the grievance procedures which are set up by the Union, and by the City of Sanford, are being held. When the hearings are completed the issue will be passed back to the Chief of Police for his consideration. Mr. Bentley asked how long this is going to drag out. City Manager Simmons reported the first delay was 250 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 8 19 98 because Office Bames requested the hearings to be postponed. Second, the hearing office was out for a period of time, and then one of the police officers who was to be a witness for Officer Barnes was in an automobile accident. Mr. Bentley asked if anybody had made a decision as to whether Officer Barnes was terminated without pay, and if he had received any checks. City Manager Simmons reported that Officer Bames' paychecks have been cut, on schedule, so if he hasn't gotten them, maybe he didn't pick them up. The Change of Status Form was written to say Officer Barnes was dismissed pending the resolution of the hearing process, whether or not this was intentional Mr. Simmons could not say. Mr. Bentley asked if Officer Barnes' family still had insurance and Mr. Simmons said yes, because pending the resolution of the hearing process he should still have insurance as long as he is being paid. Mr. Simmons reported that the process this issue is going through right now is called a Due Process Hearing, to determine if it appears that there are one or more violations of the rules, it has nothing to do with whether the punishment was too severe or not severe enough. The Due Process Hearing tries to determine if there was just cause for the action. Under the Union Contract it goes back to the chain of command to review those charges for which there was found to be just cause. The City Manager is the third step in that process. Commissioner Williams reported she wanted to clarify that her understanding was that Officer Barnes was fired without pay, and only on Friday, when he went to the hearing, was he presented a check, which he did not realize he was going to get. On Friday he learned that the only reason he got the check was because the same person that recommended that he be fired made an mistake on the paper by checking a particular box in error, and therefore the papers were not filled out correctly. Mr. Simmons reported he would hesitate to make an assumption as to whether a mistake was made or not, he simply viewed the form and did not question the intent of the authors of the form. Mr. Simmons reported, according to the Check Register of the City, there was one check cut for Officer Bames on May 22, 1998 and one on June 5, 1998, and it is his understanding that another check will be cut on June 8, 1998. Donna Watt, Finance Director, reported the Finance Department has received no paperwork whatsoever to indicate that Officer Barnes has been terminated. He has been paid every payday for the number of hours that was turned in on his time sheet by the Police Department. Commissioner Williams asked when he received the pay and Ms. Watt reported two weeks ago and this past Friday, which were normal paydays. Commissioner Willjams asked Commander Bronson who delivered a check to Officer Barnes and when was it presented. Commander Bronson reported he handed Officer Barnes a check at the hearing on Friday. Ms. Watt reported the check of May 22 was picked up with the normal payroll for the Police Department, and signed for before it left the Payroll Office. Mr. Bentley reported that the next time Officer Bames receives a check he hopes he will get his badge back. Tyrone Alexander reported that he has reason to believe that his participation in the Officer Bames issue has caused him to be personally investigated by the Police Department without his knowledge. He wants this to stop; he will not tolerate any inconveniences as far as his participating as a citizen, and it is not going to deter him one way or the other. As a citizen of Sanford he will speak his piece when something is wrong. Mayor Dale stated to ChiefDillard that "for the record" the Commission would not tolerate any retaliatory action against any of the citizens that disagreed with anyone in the City, or any of its departments. Beverly Pickney reported the citizens of Sanford are not out to badger ChiefDillard, they are only in attendance because the procedures taken against Officer Barnes were incorrect and an error was made, and they are supporting Officer Bames. She reported Chief Dillard allowed one of his officers to be set up by his Commander and co- E718672 City MINUTES Commission, Sanford, Florida 251 7:00 P.M. REG. MEETING June 8 1998 workers so that he could be fired, and he allowed insufficient paperwork to be initiated against Officer Barnes, and he never intervened to correct the problem. Also, when she listened to the tape of Officer Barnes being fired, she heard Chief Dillard make a derogatory statement in reference to Officer Barnes and then began to laugh at him. Ms. Pickney reported if this had happened to anyone else except Officer Barnes the Commission would have already looked into the allegations and came back to the public with a response. She reported the Commission has all the information she has, and it shows a lot of incompetence in the Police Department Administration and in the City of Sanford Personnel Department. Commissioner Eckstein reported there is nothing the Commission can do until the issue has gone through the due process. Ms. Pickhey reported the City Manager had said someone has to look into just cause, but just cause is the City was incompetent and did not have enough knowledge to cover their trail. Mayor Dale explained every government entity has a grievance procedure and if the Commission intervenes on that, then that system is challengeable and falls apart. When Ms. Pickney asked what the Commission was doing about other officers who had done things wrong and gotten less severe disciplinary actions, Mayor Dale explained that the Commission was a policy making body that represents the tax payers and it does not institute discipline because that would be micro-management Disciplinary action is meted out by the department heads and if an employee wishes to file a grievance it must go through the system. When it comes back to the Commission, they will do their job. City Attorney Colbert reported if the Commission would intervene in the system the disciplinary action would be challengeable in a court of law, and any Commissioner who intervened could be removed from office. City Manager Simmons reported that the Personnel Officer is handling the just cause hearings and he is staying out of the issue at this time in order to stay neutral in case it comes back to him as the third step in the system according to the FOP. He further reported that he didn't feel some of the statements Ms. Pinkney reported as fact were actually fact.- Commissioner Williams reported that most of the Commissioners do not have the same information Ms. Pinkney has because they do not normally receive it and have not requested it because it is not their responsibility at this point in time to investigate. When the Personnel Officer's hearing is over and the issue goes back to the Police Department and finally gets to the Commission, then the Commission will receive all of the information. In the meantime, the Commissioners cannot intervene. Commissioner Lyons reported he has looked into the files of the last two people fired from the Police Department, and he feels the system is the best way to handle any grievances. Tyrone Alexander reported that this issue should have been resolved before the process was ever started. Thelma Williams, 1327 Summerlin Avenue, reported she was concerned about how the Police Department handled the situation that Mr. Watson spoke about conceming the domestic dispute. Ms. Willjams reported when the wife told the Police Officer there was a Restraining Order against the husband and asked him to call and verify this, the Officer said he didn't want to call. The husband never spoke to the Officers, but a brother took the Officer aside and spoke to him, and the wife was totally ignored. The husband is a known offender by the police and yet he was allowed to control the situation. They took things out of this woman's home and what was left was tumed "upside down", and the police just stood there and allowed it. This raises a lot of questions about the Police Department. Mayor Dale reported the liaison Commissioner and Public Safety Director will look into this situation. Terry Mullins reported he was one of the first officers fired from the Sanford Police Department, and he asked who has the power to stop the grievance procedure and turn it over in the case of Officer Barnes. Is it the Chief?. 252 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 8 19.-- 98 Mayor Dale reported the Chief has the authority to overturn his own decision, or the authority to proceed with it. Mr. Mullins asked if the Chief could say right now that he and Officer Barnes are no longer terminated and can come back to work. Mayor Dale reported the Chief is a Department Head and has administrative responsibilities for his decisions. Mr. Mullins asked, "so we don't have to go through all of the appeals, the Chief can mm this over now?" Mayor Dale reported any decision the Chief makes on his discipline is his decision. Approval of minutes. Commissioner Lessard moved to approve the minutes of the May 26, 1998 Work Session and the May 26, 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 hearinff and first reading of Ordinance 3413. re: rezoninff a portion of property lyinff between West First Street and West Second Street and between Avocado Avenue and Olive Avenue (1201 West First Street) from RMOI. Multiple Family Residential-Office-Institutional, to GC-2. General Commercial. Ad published May 6 and 15, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to the proposed rezoning. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3413, entitled: AN ORDiNANCE OF THE CITY OF SANFORD, FLORIDA, AMENDiNG ORDiNANCE NO, 3117 OF SAD CITY; SAD ORDiNANCE BEiNG A ZONING PLAN; SAID AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN WEST FIRST STREET AND WEST SECOND STREET AND BETWEEN AVOCADO AVENUE AND OLIVE AVENUE, FROM RMOI (MULTIPLE FAMILY RESIDENTIAL-OFFICE- iNSTITUTIONAL) TO GC-2 (GENERAL COMMERCIAL); PROVIDiNG FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearinl~ to consider second readinl~ and adoption of Ordinance No. 3412. re: rezoninl~ a portion of the property between Tradeport Drive extended westerly and Carfro Court extended westerly and between Me!lonvi!le Avenue extended southerly and Park National Drive (3801 Mellonville Avenue) from AG. Agricultural to MI-2. Medium Industrial. Ad published May 28, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3412. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 43 12, entitled: AN ORDiNANCE OF THE CITY OF SANFORD, FLORIDA, AMENDiNG ORDiNANCE NO. 3117 OF SAID CITY; SAD ORDiNANCE BEiNG A ZONING PLAN; SAD 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 (MEDIUM INDUSTRIAL); PROVIDiNG FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. 253 MEETING June 8 19 9__~_8 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 Request to rescind Right-of-Way Use Agreement. Mayor Dale reported this is a request from Ruth and Kathy Stamm to rescind a Right-of-Way Use Agreement provided to Ms. Missouri Swofford in March, 1998, to build a fence. City Manager Simmons reported he is still gathering information on this issue. City Manager Simmons has received a recommendation from the Plans Review Committee to consider a modification to the fence, to bring it down to four feet. Kathy Stamm, 850 Grove Manor Drive, presented pictures to the Commission showing her house before and after the fence was built. She claims that the fence obstructs her view of the street, and prevents the neighbors from seeing the front of her house. She further reported she does not feel safe any more since no one can see her house, and she has no view of the neighborhood. Ms. Stamm reported this fence is on City property, and she doesn't feel that anyone shotrid be granted a right-of-way use permit to use City property without taking into account the negative affect it would have on other residents. City Manager Simmons reported that the Commission legally has a right to rescind or amend a right-of-way use agreement. Attorney Tom Greene, 613 East 1 st Street, representative for Ms. Swofford, reported Ms. Swofford applied for and received a right-of-way agreement with the City of Sanford to build this fence. The fence was built exactly the way it is shown in the attachment to that agreement. Ms. Swofford has not done anything wrong or anything that was not approved by the City. Ms. Swofford built the fence because the street had become a dump with bushes and trees and garbage. Ms: Swofford has planted trees and flowers, and she takes offense at someone calling her property an eyesore, especially after she has spent in excess of $5,000.00 for fencing. The fence only goes to 10 feet within the right-of-way, just like other fences in the area. Attomey Greene reported there is only one neighbor who cannot see the Stature property that could see it before the fence was built. Ms. Swofford built this fence for privacy and to improve the neighborhood. Ms. Swofford would like to extend an open invitation to the Commissioners to come to her home and look at the property. Mayor Dale reported the City of Sanford has right-of-way agreements but in Section IV there is a termination clause which gives the City the right to unilaterally terminate the agreement at any time, providing notice is given as provided in the notice clause. Kathy Stamm reported there is a trash pile at the end of the fence closest to the street that has been there for three months. Ms. Stamm further reported that her property is not a trash dump because they have sodded. and landscaped the lawn, and put in a sprinkler system. Also, she and her mother live in the house alone and they do not feel safe. Ruth Stamm extended an open invitation to any Commissioner to come and walk out her front door and see what they see every day, and see that no one can see her house from the rest of the neighborhood. Mayor Dale directed Jerry Herman to investigate and see if the trash pile is on the right-of-way, and he further questioned if the City had received a request to pick up the trash. Mr. Herman reported he assumed the City had not received a request to pick up the trash. City Manager Simmons asked Mr. Herman to pick up the trash and bill the responsible individual if they are not eligible for free trash pick up. Commissioner Eckstein moved to table this request until June 22, 1998 to allow for further investigation. 254 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 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 Annexation request from Joe Baker of Baker Farms. Inc. City Manager Simmons reported hc is asking for a Vote of Principle to annex this property. Staffing has been started and will be brought to the Commission along with an Ordinance. Commissioner Lyons moved to approve in principle the annexation of this property. 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 Request to sell "state approved" sparklers from a tent. City Manager Simmons recommended denial of this request. He reported the City has a procedure that has worked for a number of years which states if an individual wants to sell fireworks he must operate out of a store front. This requester wants to sell from a tent set up at the Towne Center Mall. Commissioner Lyons moved to table this request until representation for the requestor can be present. 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 First reading of Ordinance No. 3409. re: amending the Personnel Rules and Regulations (educational assistance repayment and overtime calculation). On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3409, entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION I0.9(F) OF THE CITY' S PERSONNEL RULES AND REGULATIONS TO PROVIDE FOR THE METHOD FOR REPAYMENT OF EDUCATIONAL EXPENSES; AMENDING ORDINANCE NO. 3324 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 AND ADDING A PROVISION FOR "GARCIA OVERTIME"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE, APPLICABLE TO ALL CITY EMPLOYEES EXCEPT THOSE EMBRACED BY EXISTING COLLECTIVE BARGAINING AGREEMENT(S) IN EFFECT. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye 8 19,-- 98 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING 255 June 8 19 98 First reading of Ordinance No. 3415. re: amending the Land Development Regulations. Chain Link Fence regulations. On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3415, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117, SAD ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS, DELETiNG SECTION 3.2(3) OF SCHEDULE J, "BARBED WIRE, CYCLONE AND/OR CHAIN LINK FENCE PROHIBITED", AND CREATING A NEW SECTION 3.2(3) OF SCHEDULE J TO PROHIBIT CHAIN LINK FENCES IN FRONT YARDS; TO REQUIRE CERTAIN STANDARDS FOR FRONT YARD FENCING; TO PROHIBIT BARBED WIRE FENCES iN RESIDENTIAL AREAS AND BUFFER AREAS; TO REQUIRE ALL FENCES BE PERMITTED; TO ALLOW FOR VARIANCES; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Condemnation Status Report/requests for extensions/demolitions/removal from condemnation. Charles Rowe, Community Development Director, recommended Report No. 97-19, 1011 Holly Avenue, be removed from the Condemnation List. Commissioner Eckstein moved to remove Report No. 97-19, 1011 Holly Avenue, from the Condemnation List. 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 Mr. Rowe recommended Report Nos. 98-1, 111 Cedar Avenue; 98-2, 1406 E. 20th Street; 98-3, 1116 W. 8th Street; 98-5, 917 E. 9th Street; 98-6, 315 S. Pecan Avenue; 98-9, 1402 W. 1 lth Street; 98-11,1311 Olive Avenue; 98- 13, 1001 Pine Avenue; 98-14, 701 Pine Avenue; 98-19, 1612 W. 13th Street; 98-20, 1603 Oleander Avenue; 98-21, 1413 W. 16th Street; and 98-22, 1415 W. 16th Street be demolished after title search. Mark Osinsky, Winter Park, Attorney for Mr. Jeffrey, whose wife owns the property m 111 Cedar Avenue, Report No. 98-1, reported that Mr. Jeffrey was not aware.of the condemnation until Friday and would like an extension until July 13th to meet with the Code Enforcement Board. Commissioner Lyons moved to authorize an extension until July 13, 1998 for Report No. 98-1, 111 Cedar Avenue. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye CommisSioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Ted Davis, 615 E. 3rd Street, spoke on Report No. 98-14, 701 Pine Avenue, owned by the Masonic Lodge. Mr. Davis asked if there was any other action he or the Masonic Lodge needs to take at this time. Mayor Dale assured Mr. Davis there was nothing further he needed to do. Commissioner Eckstein moved to obtain title searches and then demolish Report Nos. 98-2, 1406 E. 20th Street; 98-3, 1116 W. 8th Street; 98-5, 917 E. 9th Street; 98-6, 315 S. Pecan Avenue; 98-9, 1402 W. 1 lth Street; 98-11, 256. E718672 I MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 8 19 98 1311 Olive Avenue; 98-13, 1001 Pine Avenue; 98-14, 701 Pine Avenue; 98-19, 1612 W. 13th Street; 98-20, 1603 Oleander Avenue; 98-21,14 13 W. 16th Street; and 98-22, 14 15 W. 16th Street. 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 Mr. Rowe recommended 30 day extensions for Report Nos. 96-12, 1605 W. 7th Street; 97-2, 618 Mellonville Avenue; 97-23,210 S. Virginia Avenue; 98-4, 546 Plumosa Avenue; 98-7, 1713 W. 14th Street; 98-8, 1711 W. 14th Street; 98-12, 908 W. 13th Street; 98-16, 218 W. 12th/1119 Myrtle; and 98-17, 720 E. 9th Street. Commissioner Eckstein moved to authorize extensions to June 30, 1998 for Report Nos. 96-12, 1605 W. 7th Street; 97-2, 618 Mellonville Avenue; 97-23,210 S. Virginia Avenue; 98-4, 546 Plumosa Avenue; 98-7, 1713 W. 14th Street; 98-8, 1711 W. 14th Street; 98-12, 908 W. 13th Street; 98-16, 218 W. 12th/1119 Myrtle; and 98-17, 720 E. 9th Street. 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 Mr. Rowe recommended an extension until August 31, 1998 for Report No. 98-15, 1217 Palmetto Avenue. Commissioner Lyons moved to authorize an extension until August 31, 1998 for Report No. 98-15, 12 17 Palmetto Avenue. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Lyons Aye Request from the Chamber of Commerce for reduced rate usage of the Civic Center, and waiver of the police officer requirement. Mayor Dale reported this request is for reduced rental rate and waiver of the requirement for hiring off-duty police officers for an "alcoholic beverage" event. Commissioner Eckstein moved to authorize the reduced rental rate but not to waive the police officer requirement. 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 Resolution No. 1786. authorizinl~ a Deed to FDOT for Parcel 100.1 (portions of State Street and South~ate Road) for the Greeneway. On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1786, entitled: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 257 June 8 19 98 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY PURPOSES WITH THE CITY RESERVING A UTILITY EASEMENT; PROVIDING FOR CONFLICTS, SEVERAB~ITY 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 City Manager Simmons reported this leaves just one parcel of land to be acquired for the expressway and that is located by the Oregon Avenue well field. Boards: appointments/re-appointments. Planning and Zoning Commission: The City Clerk reported the terms of Ben Dyal, Helen L. Stairs, and A. A. McClanahan expire June 30, 1998. Helen L. Stairs and Ben Dyal cannot be reappointed, and A. A. McClanahan would like to be re-appointed. Commissioner Lyons moved to re-appoint Mr. A. A. McClanahan to the Planning and Zoning Commission. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye The Commission to'ok no action regarding Ms. Stairs' and Mr. Dyal's terms. Community Redevelopment Agency: The City Clerk reported there is one vacancy, created by Walt Nason's resignation. Mayor Dale reported that the County has appointed Tom Ball to the Community Redevelopment Agency, but the City has not received any written documentation of that appointment. When the City does receive documentation it will make its appointment. Code Enforcement Board: The City Clerk reported there is one vacancy. Commissioner Lessard moved to appoint Jennifer Singeisen to the Code Enforcement Board. Seconded by Commissioner Lyons 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 there are two vacancies. On recommendation of Mayor Dale, Commissioner Eckstein moved to appoint David Johnson to the Citizens Advisory Board. 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 Eckstein will recommend an appointee at a later date. 258 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 8 19.-- 98 Consent Al~enda. Commissioner Eckstein moved as follows: Approve list of streets recommended for resurfacing and authorize contract for paving under Seminole County' s Contract, # A/B-1276JVP. Approve request from Greater Sanford Chamber of Commerce to close East First Street and Commercial Street between Park Avenue and Sanford Avenue, and close Park Avenue and Palmetto Avenue between Commercial Street and 2nd Street from 9:00 P. M. November 12 through midnight November 15, 1998; and authorize sale/consumption of beer from 10:00 A. M. to midnight each day November 13 through 15, 1998, in conjunction with the Sanford Heritage Festival. Authorize request from Director of Planning and Development to waive the $250.00 fee for a conditional use application for a nonconforming use/structure at 1115/1115 V2 Myrtle Avenue. Accept proposal from Hartman and Associates to provide surveying services for the Mill Creek Phase 3B Project in amount not to exceed $8,500.00. Authorize to renew for one year, the agreement with Hilb, Rogal, & Hamilton (Hartford Insurance Company) to provide excess workers' compensation insurance, with no increase in premium except for reasonable increase/decrease caused by corresponding increase/decrease in payroll. Approve Vouchers for the month of May, 1998. Acknowledge five (5) invoices in total amount of $300,903.72 from H. C. Connell Inc. ($28,016.65, $45,117.76), Conklin, Porter and Holmes ($6,963.21 ), Scott Partnership Architecture ($1,000.00) and Wharton-Smith, Inc. ($219,806.10) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. Approve amendment to 1997-98 Weatherization/Low Income Home Energy Assistance Program contract with the Department of Community Affairs, to increase the total contract amount to $30,813.00. Approve statements from City Attorney for Professional Services in May, 1998 in amount of $10,058.22, and Foley and Lardner for Professional Services April 16/30, 1998 re: Sanford Gasi~cation Plant, in amount of $1,206.16. Accept FRDAP Grant in amount of $93,750.00 for Coastline Park improvements. Grant requires $9,440.00 City matching funds. Authorize Interlocal Agreement with Seminole County regarding Men's Super Slow Pitch Softball Tournament, for $1,500.00 from Tourist Development Council funds. 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 City Manafter ean~jdate ranking. Each Commissioner wrote his rankings on the form provided and passed them to the City Clerk, who read them into the record, as follows: E718~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 259 June 8 19_98 Commissioner Dolive Rabun VanDerworp Mayor Dale 2 3 1 Commissioner Eckstein 2 3 1 Commissioner Williams 2 3 1 Commissioner Lessard 3 2 1 Commissioner Lyons 3 1 2 Totals [ 12 [ 12 ~ 6 City Manager Simmons reported that Mr. VanDerworp received six cumulative points, and Mr. Dolive and Mr. Rabun each received 12 cumulative points. This clearly suggests Mr. VanDerworp as No. 1. The results do not dearly indicate a No. 2 and No. 3. Commissioner Eckstein moved to rank Anthony VanDeworp as No. 1. 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 Commissioner Lyons moved to rank Mr. Rabun as No. 2. There was no second to the motion and after discussion it was decided that no further ranking would be voted on unless a contract could not be negotiated with Mr. VanDerworp. Commissioner Lyons removed his motion from the table. Commissioner Eckstein stated the negotiated contract should be on a year to year basis, with a probationary period, and a salary range, and the Commission would set the actual salary. Commissioner Lyons reported he thought a two or three year contract may be better. Mayor Dale reported that all negotiations will be brought to the Commission before being ~nalized, and the Commission will be involved in the negotiations. City Attorney's report. No report. City C!erk's report. No report. City Manaeer's report. City Manager Simmons requested authorization for a contract with Hartman and Associates, not to exceed $8,500.00 for surveying work associated with the Mill Creek Phase 3B Project, for surveying the wetlands line of demarcation on property to be acquired by the City. Commissioner Eckstein moved to authorize a contract with Hartman and Associates not to exceed $8,500.00. 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 City Manager Simmons requested authorization of a contract, not to exceed $2,852.00, with Universal Engineering Sciences for geotech consultant services in conjunction with the preparation of plans for the Memorial Stadium renovation. 260, [- City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING June Commissioner Lyons moved to authorize a contract, not to exceed $2,852.00, with Universal Engineering Sciences for geotech consultant services. 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 City Manager Simmons requested a vote of approval on the stipulations of settlement with regard to a dispute between the Sanford Airport Authority and the Audubon Society, as explained by Mayor Dale at the Work Session. This will involve a perpetual easement over approximately 100 acres of land at Site 10, to remain as a natural habitat primarily for bald eagles. Commissioner Lessard moved to approve a settlement between the Sanford Airport Authority and the Audubon Society re: 100 acres of land at Site 10 to remain as a natural habitat. 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 City Manager Simmons requested a vote on Resolution No. 1787 re: Water Restrictions. He reported the City's potable water consumption has equaled or exceeded its allowable maximum daily flow allowed by DEP, and there is a shortage of reclaimed water because the demands have exceeded the flows of wastewater coming to the treatment plant. Commissioner Lyons moved to adopt Resolution No. 1787, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA PROVIDING FOR ADOPTION OF POLICIES AND PROCEDURES FOR THE IMPLEMENTATION OF POTABLE AND RECLAIMED WATER RESTRICTIONS FOR THE CITY OF SANFORD UTILITY DEPARTMENT CUSTOMERS AND USERS. 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 City Commissioners' reports. Commissioner Eckstein - No report. Commissioner Williarns - Commended Howard Jeffties, Parks and Grounds Maintenance Coordinator, his Department, City Manager Simmons and Mayor Dale for their efforts in facilitating the approval of a grant from the Department of Environmental Protection for $93,750.00 for Coastline Park. Commissioner Lessard - Asked for consensus of Commission to send a letter to the City of DeBary to support tearing down the smoke stacks. The Commission concurred to support the smoke stacks being tom down to enhance the lake's scenic look and restore the beauty, and that Mayor Dale send a letter to that effect. 8 19~ 98 - Reported the City should consider not charging a franchise fee on dumpsters. E718672 MINUTES City Commission, Sanford, Florida 261 7:00 P.M. REG. MEETING June 8 98 19.-- - Asked City Attorney Colbert to research a public service user fee for police calls, fire calls, etc. The fee cotrid possibly be attached to the water bill. The Commission concurred to have the City Attorney research this issue. Commissioner Lyons - Reported the Commission had received a recommendation from the Waterfront Master Plan Steering Committee to include a beach in the hotel/conference center project. He feels that the problem with flooding could probably be overcome. Commissioner Eckstein reported he was against a beach. Mayor Dale reported a beach has not been discarded but no engineering work has been done on the project yet. - Reported Mr. Dolive had sent some information Commissioner Lyons requested and it is available for the rest of the Commissioners to look at, but Mr. Dolive would like it back. Mayor Dale - Would like a consensus to write to each of the candidates for City Manager, on behalf of the Commission, and thank them for their interest in the position and in Sanford and let them know how close the vote was. The Commission had no objection. There being no further business, the meeting was adjoumed. Attest: