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062298 ws/rm min.262 E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION June 22 19-- 98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, June 22, 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. Willjams City Manager William A. Simmons City Clerk Janet Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Water Restriction Resolution clarification. Mayor Dale reported the Resolution adopted at the June 8, 1998 Commission Meeting regarding water restrictions was patterned after the County's water restrictions and he felt the intent was for people to be able to wash their vehicles after 8:00 p.m. on the grass, and there would be no restrictions on commercial car washes or group fund raiser car washes. Paul Moore, Utilities Director, reported he would contact the County and verify this intent before tonight's Regular Meeting. Request from Seminole Bigh School (via Gretchen M. Schapker. Principal) for the Commission to honor its $500.000.00 offer toward a swimming pool. Gretchen Schapker, Principal of Seminole High School in Sanford, introduced several faculty and School Board members, and requested the City Commission not let the swimming pool project at the High School die just because the School Board was not successful in acquiring CDBG monies from the County for the project. In the past the Commission had pledged $500,000.00 to the project, with the provision that the School Board match those monies. Since no CDBG dollars will be received the project will now be a little less expensive, and the School Board will try to raise the additional $250,000.00 for the pool. Commissioner Williams expressed concern over the scheduling of the use of the pool by the public. Commissioner Eckstein reported that he did not want to decrease the size of the pool to save money, he felt a Class A pool was needed to enhance the other sports and recreation facilities already available in Sanford. After discussion the Commission concurred to honor its pledge with the provisions that the School Board would donate the land and parking area, raise the additional monies, and share in the operations and maintenance costs. Diane Kramer of the School Board reported the School Board really wanted to pay for the pool, but new State restrictions on what funds can be used for specify monies can only be used for classrooms. This will be voted on in tonight's Regular Meeting. [City Attorney William L. Colbert joined the meeting.] [Mayor Dale left the meeting briefly, and returned.] Rantoni Lane development. Mayor Dale reported the Engineer had called him regarding an application to the St. Johns River Water Management District, which requires the City to submit an application to qualify for storm water retention.. Mayor Dale would like authorization to file the application pending an agreement that the City will not be responsible for maintaining the road. City Attorney Colbert felt this could be handled with a Cross-Agreement, but he would like to speak Tom Cloud, Attorney for the Developer, before entering into any agreement. This will be voted on at tonight's Regular Meeting. E718672 MINUTES City Commission, Sanford, Florida '263 3:30 WORK SESSION June 22 98 19.__ Update on Court House. Mayor Dale reported the County's negotiating team has not contacted the City yet for a meeting. He reported the Commission should form a negotiating committee for the City. He suggested the team consist of the City Attorney, the City Manager and one Commissioner. After discussion, the Mayor agreed to serve on the team if that was the Commission's desire. This will be voted on in tonight's Regular Meeting. [Mayor Dale left the meeting briefly, and returned.] Presentation by Bert Burch of Timberline Communications. Inc. on Web Site. Donna Watt, Finance Director, reported that everyone in City Hall now has a PC rather than a monitor, and is hooked into the network. Also, the E-Mail system is in place. The City has registered for a Web Site, and Bert Burch, President of Timberline Communications, is interested in his company, O~ando Live, being the provider for the City's Web Site. Mr. Burch gave a brief presentation of what O~ando Live can do to bring communities closer together, and make information available to citizens and interested parties about specific cities. He stressed that this service is free to the City. There would be a $120.00 a month cost for phone lines and modem use. The City's Data Processing personnel would be responsible for putting information on the Web Site. After discussion the Commission concurred to vote on this issue at tonight' s Regular Meeting. Interlocal Agreement with Seminole County re: 17-92 Redevelopment Planning Agency. Keyin Fall of Seminole County reported a multi-party Interlocal Agreement has been negotiated with Casselberry, Winter Springs, Lake Mary, Sanford, and Seminole County to set up the frame work for consideration, review and implementation of the project within the redevelopment area. He reported this is an economic CRA that will promote the commercial aspects of the corridor. The Interlocal Agreement sets up a subsidiary agency that will serve as the primary review, consideration and advisory board of the CRA. This will give each City Commission the power to review and approve any project which occurs within the redevelopment area that also occurs in whole or in part within that City's boundaries. He expects that the boundary overlap with Sanford's CRA will be corrected by July 28, 1998. The Seminole County Commission will act as the CRA. Mr. Fall is looking for a vote of approval from this Commission tonight to enter into this multi-party Inte~ocal Agreement. Effect of drought on July 4th Celebrations. Deputy ChiefNeel distributed recommendations from the Fire Chief regarding a ban on the sale and use of pyrotechnic devices (fireworks). He reported the Fire Department is presenting a recommendation to the City Commission, due to the heat and the fire conditions in Sanford and the surrounding counties, to ban the sale and use of fireworks, pyrotechnic devices and sparklers, or any device that emits heat and light. The County will be considering an Executive Order to this effect tomorrow night. The ban would still allow public displays such as the Sanford 4th of July Celebration. A proposed Resolution was provided by the City Attorney. Commissioner Eckstein reported this ban should be in the form of an Emergency Ordinance rather than a Resolution. Mayor Dale expressed concern that the Commission would pass an Emergency Ordinance and then it would rain before the 4th. After further discussion the Commission concurred to have an Emergency Ordinance prepared for tonight's Regular Meeting with some provision to give Staff the authority to lift the ban if circumstances warrant such an act. Also, the public display should still take place. The City 264 E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION June 22 19 98 Manager reported the Commission should consider refunding any fees that have been paid by vendors to sell fireworks within the City. General Employee Pension Plan amendments. Donna Watt, Finance Director, reported she has reviewed the Ordinance pertaining to appointing members to the General Employee Pension Plan. The Personnel Director was the only person named in the original Ordinance. The intent of the Pension Plan was to mirror FRS, which is a non-contributory plan. Ms. Watt felt it maybe mirrored the Fire and Police Pension Plan instead, with participants in the plan being Board Members. Ms. Watt recommended that the City Commission act as the Board for this plan, with the Finance Director as liaison to handle the fiscal and administrative responsibilities for the Board. The Commission concurred with Ms. Watt' s recommendations and directed Staff to prepare an Ordinance. Update on City Mana~er's negotiations. Mayor Dale reported the negotiating team has met with Tony VanDerworp and drawn up a proposed contract. City Attorney Colbert distributed and reviewed the contract, which he explained was patterned after the International City Manager' s Association (ICMA) contract. [Commissioner Eckstein left the meeting briefly, and returned.] City Attorney Colbert reported this is a continuing agreement, not for a specific time period. The recommended compensation is an annual salary of $98,000.00 per year, to be reviewed annually. Also, a $450.00 per month automobile allowance (raised over time), will be paid to the City Manager and the City will furnish a cellular phone and a pager (for business calls only). The City Manager is required to live within the City limits of Sanford, but he has 18 months to relocate to within the City limits. Mr. VanDerworp would be reimbursed, not to exceed $3,000.00, for moving expenses. The City would contribute 10% of the annual salary toward retirement. All reasonable professional dues and subscriptions will be paid from the City's budget. The City Manager will receive an additional 5 days vacation a year. He is to commence his duties on or before July 31, 1998. This compensation package exceeds the current City Manager' s by a~3out $4,000.00, and is about $1,800.00 less than what Mr. VanDerworp is receiving at his current employment. City Attorney Colbert recommended, on behalf of the negotiating team, that the Commission accept this Employment Agreement. Commissioner Eckstein asked Mr. VanDerworp if he could do this job without the assistance of a Deputy City Manager. Mr. VanDerworp reported he would like to spend time and recruit the right Deputy City Manager, as soon as possible. Mr. VanDerworp said he would be disappointed if the Commission decided not to have a Deputy City Manager. Commissioner Eckstein reported he thinks eventually the City will have a Deputy City Manager but he didn't feel it should be put in the budget for next year. Commissioner Lyons reported he would like to see how Mr. VanDerworp is going to perform before a Deputy City Manager was hired. Mr. VanDerworp reported he understood that the position of Deputy City Manager was on the organizational chart and that a decision would be made to budget it for next year. If the Commission decides not to put the money in the budget, his understanding is the position is still there, and he would be coming back to the Commission periodically reporting on progress and the need for a Deputy City Manager, and there is always an opportunity to put the money into the budget if needed. Mr. VanDerworp stated he would not resign if he could not hire a Deputy City Manager. The Commission concurred to vote on the Employment Agreement for Mr. VanDerworp as the new City Manager at tonight' s Regular Meeting. [City Attorney Colbert left the meeting.] E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION 265 June 22 98 19-- m,,.. Voting delegate to attend the 72nd Annual Conference of the Florida League of Cities, Inc. Commissioner Lessard agreed to attend the 72nd Annual Conference of the Florida League of Cities, Inc. and be the City's voting delegate. This will be voted on at tonight's Regular Meeting. Board appointments. No board appointments were discussed. Sarah Jacobson requesting she not be considered for any City Board appointments. Regular Agenda items. Late items. and other items. No items discussed. City Manager's report. A. City Manager Simmons reported he had received a letter from City Manager Simmons reported the proposed Ordinance for first reading on th~ 'change in the City Commission salary was included in today's agenda packet, but it has no dollar amounts listed. The Ordinance only addresses a change to the salary of the Commissioners as discussed, not a change to expenses. The expenses have not been changed since 1974. The effective date of the salary is after a Commissioner has stood an election, but there is no effective date attached to the expenses. City Manager Simmons reported the Commission may want to consider whether the expenses set in 1974 are still appropriate today, or if the Commission would like to table this Ordinance and research the expenses issue. B. City Manager Simmons requested authorization to initiate a change order for the museum roof engineering contract. The roof on the old museum was not part of the original contract with Cox and Associates, and now it is recommended that the entire roof be included in the repairs. This would add $2,450.00 to the existing engineering contract. The Commission concurred to authorize the City Manager to initiate a change order to the existing engineering contract with Cox and Associates in the amount of $2,450.00. Mayor Dale reported he received a call and was told that Millard Hunt stated publicly, at the Juneteenth Celebration, that the Mayor wanted the hotel/conference center because he did not want blacks in the park. Commissioner Lessard said yes, that is exactly what Mr. Hunt said. Commissioner Lyons reported he received a letter stating concerns about the displacement of minorities. Commissioner Lessard reported that the Juneteenth Celebration is an emancipation celebration for former slaves in the state of Texas, and for that forum to be used, and for this whole discussion to have evolved into that which is, in his opinion, a heartless lie ....If there ~re that many people out there who are opposed to the development in the park, get the signatures and let' s vote on it. But, if they are not going to get the signatures, and they don't have the people, to come out to a community celebration and say something like that is repulsive. There were other people even more upset about the comments than he was. The Mayor reported, public official or not, public figure or not, for somebody to go around saying those kinds of quotations and fixating them on one member of the Commission, that stinks. How can they make a racial issue out of a hotel/conference center? Mayor Dale stated he wanted to set the record straight and state publicly that the comment is not true, it is a bold faced lie. Commissioner Williams reported the public needs to be aware that decisions are not made by the Mayor, they are made by the Commission. 266 E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION June 22 98 19-- City Manager Simmons reported he had received a request from the Society to Save Fort Mellon Park, for approximately $2,000.00 of City money, to allow them to send out a news letter, comparable to the facts sheet the City sent out. He and the City Attorney researched the issue and found nothing that says the City is required to spend tax dollars in this way, so he is going to give them a negative reply. There being no further business, the meeting was adjourned. Attest: E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 267 22 1998 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 22, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Presentation. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Dale presented to Theresa Ryan the Police Explorer of the Year Award. He also recognized Officer Mike Taylor for working with the Explorers. Announcement. Mayor Dale announced the Citizens Advisory Committee will meet on Wednesday, July 8, 1998 at 7:00 p.m. in the City Commission Conference Room. Citizen Participation. Tyrone Alexander reported he appreciated the job that was done by the Hearing Committee in the case of Officer Bames, and specifically the Hearing Officer who was fair and set things right. Beverly Pinkney, 1506 W. 18th Street, reported she had a lot of respect for the Commission and the way they handled the Arthur Bames issue. She further stated that in a past meeting she had been told she may not have all the facts. Ms. Bames proceeded to distribute copies of the Personnel Rules and Regulations, and of the General Orders for the Police Department effective May 1, 1998. She said these were her facts. She continued to reference these documents pointing out that the proper procedures had not been followed in the firing of Officer Barnes. Mayor Dale reported that the Personnel Rules and Regulations do not always apply to the Police Department because they are under the F.O.P. A man read excerpts from a letter he said had been handed to him by Officer Arthur Barnes. The letter pointed out several times the use of profanity among police officers and the administration, and his fellow officers' rude treatment of him. Mr. Barnes stated in the letter that he had always received excellent reviews and had been named Officer of the Year two years in a row, before this administration. Since this administration he has been harassed, degraded, and eventually fired. He requested the Commission to look at his personnel files and compare his performance in the past to the accusations of the recent months. Heidi Lyals, 606 Osceola, reported that she was upset at the way a traffic report had been handled for a minor accident she was involved in. She felt she was not given a chance to tell her side of the story and the other driver did not get a ticket. Also, she could not get a complete police report to give to her insurance company. She also complained about an incident when she called the police to report a possible intruder and they did not respond until after someone had already broken in to her shed. Mayor Dale told Ms. Lyals to call him tomorrow with more details and he would look into the matter for her. Commissioner Lessard moved to approve the minutes of the June 2, 1998 Special Meeting, June 8, 1998 Work Session and June 8, 1998 Regular Meeting. Seconded by Commissioner Williams and carried by voteof the 268 E718672 MINUTES City Commission, Sanford, Florida 7:00 REG. MEETING June 22 98 19.-- Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin~ - second readine and adoption of Ordinance No. 3409. re: amendin~ the Personnel Rules and Rel~ulations Section 10.9(F). Educational Assistance Repayment method. and Section ll.15(A), Hours Worked for Overtime Calculation. Ad published June 11, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3409. No one appeared. Commissioner Eckstein reported he had received a call from an employee who had some legitimate concerns about not being paid overtime when being called out in the middle of the night. Commissioner Williams reported she also was called by this employee, and approached by other employees on the same issue. [ Commissioner Lessard left the meeting briefly, and retumed.] City Manager Simmons reported this had been discussed several times in Work Session and he explained that the City is trying to follow the FSLA guidelines for overtime pay, just like they did by bringing salaries into compliance. Commissioner Eckstein moved to table for further discussion Ordinance No. 3409, entitled: AN ORDNANCE 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 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 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 Public hearing - second readin!~ and adoption of Ordinance No. 3413. re: rezone a portion of property lying 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. Gary Davis, owner/applicant. Ad published June 11, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3413. No one appeared. Mayor Dale closed the Public Hearing. Commissioner Lyons moved to adopt Ordinance No. 3413, 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 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 Williams and carried by vote of the Commission as follows: E718672 City MINUTES Commission, Sanford, Florida 7:00 REG. MEETING 269 June 22 98 19.-- m Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing - second reading and adoption of Ordinance No. 3415, re: amending the Land Development Regulations, Chain Link Fence regulations. Ad published Jtme 11, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3415. No one appeared. Mayor Dale closed the Public Hearing. Commissioner Lessard moved to adopt Ordinance No. 3415, entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117, SAID 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 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 Continuation of consideration of request from Ruth and Kathy Stamm to rescind Right-of-Way Use Agreement granted to Ms. Missouri Swofford in March, 1998. to build a fence. Tabled on 6/08/98 to 6/22/98. City Manager Simmons reported it has been requested that this issue be continued. Commissioner Lyons moved to continue this issue to the next meeting. 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 Continuation of consideration of request from L. E. Walker to sell "state approved" sparklers from a tent to be located at Seminole Towne Center from June 25 through July 4, 1998. Tabled on 6/08/98 to 6/22/98. City Manager reported that in view of the fact the Commission will vote tonight on banning the sale of fireworks, he recommends denial of this request. Commissioner Lessard moved to deny the request to sell "state approved" sparklers from a tent at Seminole Towne Center. 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 270 E718672 MINUTES City Commission, Sanford, Florida 7:03 REG MEETING Ju~e 22 19-- 98 Consideration of request from residents for continued ~arba~e pick-up in alley between Sanford Avenue and Hibiscus Avenue and Grandview Avenue. and to pursue the City's right of in~ress/e~ress for utility purposes in the east/west alley. George Wallace presented to the City Manager a copy of the recorded easement as noted in the December 13, 1971 minutes of the City Commission. City Manager Simmons reported this was new information on this issue and it would have to be reviewed by him and the City Attorney. In the meantime, garbage will not be picked up in the alley. If and when the easement is found valid and legal before the next Commission meeting, then he will authorize pick-up of garbage in the alley as soon as possible. When a woman complained about the smell of the garbage piling up in the alley, Commissioner Eckstein informed her that if the garbage is placed in from of the homes, it will be picked up on the regular schedule. First readinff of Ordinance No. 3414, re: annexin~ a portion of the property between East Lake Mary Boulevard and North Way and between CR 427 and Central Florida Greeneway. Baker Farms Inc., owner. On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3414, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST LAKE MARY BOULEVARD AND NORTH WAY AND BETWEEN COUNTY ROAD 427 AND CENTRAL FLORIDA GREENEWAY, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 First readinff of Ordinance No. 3416, re: annexing a portion of the property between Sweet Gum Court extended westerly and W. Lake Mary Boulevard and between Hiffhway 17-92 and Live Oak Boulevard (306 West Lake Mary Boulevard). Ellen Thomas, owner. On recommendation of the City Manager Commissioner Lessard moved on the first reading of Ordinance No. 3416, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAD ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED WESTERLY AND WEST LAKE MARY BOULEVARD AND BETWEEN HWY. 17-92 AND LIVE OAK BOULEVARD (306 WEST LAKE MARY BOULEVARD); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTE S; 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 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 271 June 22 1998 First reading of Ordinance No. 3417, re: annexin~ a portion of the property lying between Skogen Ct. and W. CR 46A and between Upsala Road and Fairway Dr. (154 Upsala Rd.). Milner and Gussie Ryals. owners. On recommendation of the City Manager, Commissioner Williams moved on first reading of Ordinance No. 3417, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SKOGEN COURT AND WEST CR 46A AND BETWEEN UPSALA ROAD AND FAIRWAY DRIVE (154 UPSALA ROAD); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA STATUTES; 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 First readin~ of Ordinance No. 3418. re: Commissioners' compensation. On recommendation of the City Manager, Commissioner Lyons moved to table Ordinance No. 3418, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SEC. 2-2.1 OF THE CITY CODE, SAID SECTION ENTITLED "COMPENSATION OF CITY COMMISSION AND MAYOR; EXPENSE MONEY'', TO INCREASE THE ANNUAL SALARIES OF THE CITY COMMISSION AND MAYOR; 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 First readinl~ of Ordinance No. 3419, re: annexing a portion of the property !yin~ between Celery Avenue and SR 46E and between Brisson Avenue and Roseberry Lane extended southerly (2350 SR 46). Outreach Deliverance Center. owner: Josephine Barriner. contact. City Manager Simmons recommended denial of this request because the property is only contiguous to the airport, across Highway 46. Commissioner Lyons reported he thought it would be a good location to annex into the City because it was across from Jet Aire on the airport and a good site for industrial growth. Commissioner Lyons moved to have Ordinance No. 3419 prepared for first reading. 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 Nay Commissioner Lyons Aye Planning and Zoning Commission Recommendations. Commissioner Lyons moved to acknowledge approval of the Preliminary Subdivision Plan dated May 29, 1998 for Placid Woods, Phase III. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 272 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 2~9' 98 Boards. A. B, C, Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Citizens Advisory Board. The City Clerk reported there is one vacancy on this Board (recommendation to be made by Commissioner Eckstein). No appointment was made to this Board. Community Redevelopment Agency. The City Clerk reported there is one vacancy on this Board created by the resignation of Walt Nason, and the Seminole County Commission has recommended the appointment of Tom Ball. Commissioner Willjams moved to appoint Tom Ball to fill the vacancy on the Community Redevelopment Agency. Commission as follows: Seconded by Commissioner Lyons and carried by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Planning and Zoning Commission. The City Clerk reported the terms of Ben Dyal and Helen L. Stairs expire June 30, 1998 and neither can be re-appointed. Commissioner Lyons moved to appoint Andrew Kutz to the Planning and Zoning Commission to fill the vacancy left by the expiration of Ben Dyal's term. 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 Commissioner Willjams moved to appoint Tim Hudson to the Planning and Zoning Commission to fill the vacancy left by the expiration of Helen L. Stairs' term. 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 Consent Agenda. Commissioner Lessard moved to accept the lowest bid, which meets specifications, from The Computer Factory, in total amount of $6,026.00 for Bid Number IFB97/98-75, Computer Equipment Service Agreement - Police Department. Accept lowest bid, which meets specifications, from Home Elegant Painting, in total amount of $10,808.00 for Bid Number IFB97/98-85, Painting Park Facilities - Parks and Recreation Department. Authorize payment of statement from Muller, Mintz, Komreich, Caldwell, Casey, Crosland & Bramnick, P.A. for Professional Services May 15 thru May 29, 1998: $263.16. Acknowledge eight (8) invoices in total amount of $41,294.85 from Conklin, Porter & Holmes ($6,428.91, $2,992.41, $8,728.22, $1,916.91, $4,260.51, $4,067.89), Solin and Associates, Inc. ($7,500.00) and E718672 City MINUTES Commission, Sanford, Florida 7:00 REG. MEETING 273 June 22 19.98 City Attorney's Report. No report. City C!erk's Report. No report. City Manager's Report. A. Architects Design Group, Inc. ($5,400.00) paid during the period for previously approved lamp sam contracts per City Commission approval on October 8, 1990 and November 5, 1991. Approve transfer of funds in the amount of $10,000.00 from Public Safety Ambulance Rescue Services Account to Public Safety Fire Control - First aid supplies. Additional requests for rescue transport service have created a shortfall in this line item. Approve request from Seminole H.O.P.E. and West Sanford Boys & Girls Club to close Persimmon Avenue at McCracken Road and 8th Street from 10:00 a.m. to 5:00 p.m., in conjunction with a Family Fun Festival on July 31, 1998. Approve request from First United Methodist Church to close Park Avenue between 4th and 5th Streets from 4:30 p.m. to 9:00 p.m. on June 26, 1998, in conjunction with a Community Vacation Bible School Block Party. Authorize extension of the existing contract with Insurance Servicing & Adjustment Company for the City's workers' compensation claims handling, for FY 98/99 at the current cost level of. 165% payroll. Authorize Interlocal Agreement with Seminole County re: 17-92 Redevelopment Planning Agency, noting that the 17 and 92 boundary will be corrected as Mr. Fall reported in Work Session. Authorize the Police Department to expend $305.71 from the Law Enforcement Trust Fund to assist in the purchase of substance abuse prevention books and Teacher Guide. Authorize acceptance of matching grants from St. Johns River Water Management District to install reclaimed water lines. Matching amounts are $50,000.00 and $58,000.00. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: B, Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Asked if there were any changes to be made to the Water Restrictions. Mayor Dale reported Seminole County's restrictions do not permit private citizens to wash their cars at their residence, and he will interpret the City's restrictions the same. There were no objections. Reported the City had received a request from the developer of a school in Lake Mary for the City to submit an application to the St. Johns River Water Management District for paving that part of Rantoul Lane which lies within the City. Commissioner Lessard authorized the Mayor to sign a · letter of request for paving to St. Johns River Water Management District, predicated on having discussion with the developer and ensuring there would be pass-through of any costs associated with the paving and an agreement that the City is not responsible for maintenance. Seconded by ('~nmmlccinn~r T xtnnc ~nrl ~-~re~cl hxr xrt~+~. t~f'+h~ {'nntnn~,-,,~r,. ~,- 4~nll 274 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING June 98 C, D, Mayor-Commissioner Dale Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Aye Requested the Commission designate members to serve on the City's negotiating team to negotiate with Seminole County regarding City Hall. Commissioner Williams moved to designate the City Manager, City Attomey (as needed for legal aspects) and Mayor to serve as the negotiating team for the City in regards to City Hall. Seconded by Commissioner Lessard 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 Requested approval to enter .into a contract with Timberline Communications, Inc. for Web Site provider Orlando Live for total amount of $120.00 a month. Commissioner Lyons moved to authorize a contract with Timberline Communications, Inc. for Orlando Live as the provider of a Web Site for a total amount of $120.00 a month. 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 Requested a vote on the City Manager's contract per negotiations with Anthony VanDerworp. Commissioner Williams moved to enter into an Employment Agreement for City Manager with Anthony VanDerworp commencing no later than July 31, 1998, as presented and discussed in today's Work Session. Seconded by Commissioner Eckstein 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 Requested appointment of the voting delegate to the Florida League of City' s 72nd Annual Conference. Commissioner Lyons moved to appoint Commissioner Lessard as the voting delegate to the Florida League of City's 72nd Annual Conference to be held August 13-15, 1998. 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 City Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - No report.. E718672 MINUTES City Commission, Sanford, Horida 7:00 P.M. REGULAR MEEGING June 275 22 1998 Commissioner Lessard - Reported he would like the Commission to consider an Ordinance to charge a users fee against properties where there are excessive calls for Police and Fire services. Commissioner Lyons - Reported there should be an established turn-around time for police reports. - Reported he does not approve of the signs being posted along the waterfront by the Florida Game and Fresh Water Fish Commission regarding black crappie regulations. City Attorney Colbert read Ordinance No. 3420 by title, regarding the banning of fireworks. He reported this is an Emergency Ordinance which would be effective tonight and requires a 2/3 vote. The Ordinance is limited to 60 days and provides for early termination with concurrence and recommendation of the City Fire Officials. Mark Stratton reported he has be conducting the sale of retail sparklers in the City of Sanford for approximately ten years. He reported the sparklers have been approved by the state and do not explode or emit sparks in an area more than 10 feet. They have not caused the fires that are burning right now and by denying the sale by merchants, and denying the public the ability to purchase them, they are being denied their civil rights. Mayor Dale reported that Sanford is not the only entity that is banning fireworks. We 'are facing extreme conditions and this is an emergency measure. City Attorney Colbert reported that the Governor oft he State of Florida has issued an executive order declaring a state of emergency throughout the entire State of Florida. This gives extraordinary powers, on an emergency basis, in the interest of the health, safety and welfare of the citizens. If a City or County chooses to exercise that authority, they have the right to do it, where in other circumstances they would not. A lady reported she has already been licensed, already set up, and is selling, and now her business is going to be shut down, and she doesn't feel that is fair and she doesn't understand it. Everybody is aware of the fires, how can she be licensed and then be told she can't sell? The Commission explained to her that this is a matter of public safety. Commissioner Lyons moved to adopt Ordinance No. 3420, entitled: AN EMERGENCY ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESTRICTING OPEN BURNING AND THE USE OF FIREWORKS BY THE PUBLIC DURING THE 1998 FOREST AND BRUSH FIRE EMERGENCY AND BANNING THE SALE OF FIREWORKS IN THE CITY; AND 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 Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to refund any fees, after the 4th of July, associated with occupational licenses and tent fees to sell fireworks. 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 Mayor Dale reported the Commission had discussed providing $500,000.00 toward a swimming pool on 3 ½ acres to be offered by the School Board, at Seminole High School. The pool is to be 50 meters, with a schedule of 276 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING June 22 19 98 activities to the Commission's satisfaction, and the City Manager will negotiate an acceptable method of payment of operations and maintenance. Commissioner Eckstein moved to donate the $500,000.00 subject to the three aforementioned provisions. 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 There being no further business, the meeting was adjourned. Attest: mr