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072798 ws/rm min.E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION July 303 27 19-- 98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, July 27, 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: Acting Mayor Whitey Eckstein Commissioner Kerry D. Lyons Commissioner Velma H. Williams City Manager William A. Simmons City Clerk Janet Dougherty Absent: Mayor Larry A. Dale Commissioner Brady Lessard City Attorney William L. Colbert The Chairman called the meeting to order. Continuation of reduced (inside City rate) Midway - Canaan Water Association rate structure. Paul Moore, Utility Director, recommended that the current inside City rate structure for the Midway- Canaan Water Association be maintained. City Manager Simmons reported the rate should be maintained for a limited period of time, with City Commission review in a year or two. The Commission concurred; this will be voted on tonight. Addendure to Agreement with Lake Jessup Groves, Inc. for reclaimed water .... ~ .... City Manager Simmons reported George Wallace, President of Lake Jessup Groves, Inc., has~.suliinitted an i ..... .i t'7"/ the Colbert and Utility Director, Paul Moore, have reviewed the proposed Addendum, and recommended approval. The Commission concurred; this will be voted on tonight. Name change of a portion of CR 46A to II. E. Thomas. Jr. Parkway. City Manager Simmons reported the County sent queries to a number of people along West 251h Street regarding changing the name of 251h Street, from French Avenue to Orange Avenue on the west side of I-4, to H. E. Thomas, Jr. Parkway, in honor of a Sheriffs Deputy who was killed in the line of duty several years ago. [Commissioner Lessard joined the meeting. ] The total response was less than 50% of letters sent out, and of those returned there was a slight majority that agreed to the name change. The City was not formally asked, and much of the area that is to be renamed is within the jurisdiction of the City of Sanford.. City Manager Simmons reported the County should name a new road, or a road outside of the City, instead of one inside the City without the City's input. Commissioner Eckstein reported they could name a park after him. City Manager Simmons reported this issue is scheduled for action at the August 11, 1998 Board of County Commissioners meeting. The Commission concurred to authorize the Mayor to send a letter to the County recommending they name a park or other appropriate place after Deputy Thomas, rather than a City road. East Central Florida Regional Planning Council Ivy 1998-99 assessment. City Manager Simmons reported The East Central Florida Regional Planning Council has requested next year's dues be paid now because the Regional Planning Council's fiscal year is different from ours, and that the funds were authorized by the Commission in the tentative FY 98/99 budget. City Manager Simmons recommended pre-paying the dues right now out of the City Manager's Contingency Fund, and the $9,200.00 that is presently in the budget for next year will not be needed. The Commission concurred; this will be voted on tonight. 304 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION July 27 1998 Right-of-Way Use ASreements with FDOT for Historic Signa~e. City Manager Simmons reported the FDOT has asked the City for permission to install directional historic signage in Sanford's street rights-of-way. These signs will be located at the intersection of First Street and Oak Avenue and 9th Street and Cypress Avenue. There will also be signs installed in two locations along French Avenue which are under the jurisdiction ofFDOT. Commissioner Lyons reported the City already has Main Street signs, Black Heritage City signs, waterfront signs, and now there are two more requests for signs, and the Commission should seriously assess how many signs are needed on Sanford's streets, because there are already too many. Commissioner Lessard felt the signs would be helpful in pointing out historical landmarks. Commissioner Eckstein felt by denying the signs it sends the wrong message. Jay Marder, Director of Planning and Development, reported the signs would be positive. This will be voted on tonight. Request from Florida Game and Fresh Water Fish Commission for permits to erect signs at the boat ramp and alone the waterfront. The Commission discussed the Florida Game and Fresh Water Fish Commission's request for permits from the City to erect at least one Y X Y sign at the boat ramp near the marina in the downtown area, and to erect 12" X 12" signs every 500' along the waterfront parallel to Seminole Boulevard, from its intersection with Highway 17-92 to its intersection with Mellonville Avenue. Commissioner Lyons reported he would have a real problem with more signs in Sanford. Commissioner Lessard reported the only problem he has with the request is he does not understand how the Game and Fish Commission can establish a rule for black crappie when they sanctioned the killing from City property of the heaviest alligator ever caught in Sanford, without consulting the City. The only reason he would approve the request is to inform the citizens of Sanford of the new rule, to help them avoid getting tickets. He reported this was selective enforcement on the pan of the Game and Fresh Water Fish Commission. Jay Marder, Director of Planning and Development, reported that Chris Smith, Engineering Assistant, has been working with the Florida Game and Fresh Water Fish Commission which has agreed to place the signs every 1000' instead of every 500'. Mr. Marder also felt that the length of time the signs would remain might be negotiated. The Commission concurred to vote on this tonight. Request for street closures and beer sales for Special Event in Ft. Mellon Park on Sunday. Aul~ust 16, 1998. Mike Kirby, Recreation and Parks Director, reported this event is to benefit the Gregory family and will be held from 11:00 a.m. to 5:00 p.m. Seminole Boulevard, from Sanford to Mellonville and First Street between Sanford and Mellonville will be blocked for a half hour. There will be no barricades, but police cars will block the streets. City Manager Simmons reported beer sales will be in compliance with the City Ordinance. Beer will be kept in the park area, and security will be provided by police officers and deputies in attendance. This will be voted on tonight. City Commission directed changes to the proposed budget. Donna Watt, Finance Director, reported the changes made to the budget as a result of the budget work sessions, which included an increase to the City Commission's travel line item from $2,500.00 to $25,000.00, with the $22,500.00 coming from the City Manager's Contingency line item. Also, an increase in the Fire Prevention promotion by $2,500.00, with the $2,500.00 coming from the City Manager's Contingency line item. $200,000.00 was budgeted in the Community Development line item, with that $200,000.00 coming from current reserves. The two positions being currently authorized in the Community Development Department, a Code Compliance Officer and a Plans Examiner, have E711172 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 305 July 27 19 98 been pulled from the Salary/Personnel Contingency, and placed into the budget where appropriate, since they were authorized for the current year. Also, about a $7,000.00 adjustment was made in the City Manager's Salary line item, that was also reflected in the City Manager's Contingency line item, and affected the Utilities Department where one-half of the City Manager' s salary is paid from, by benefitting about $2,000.00 from the adjustment. The four officers being authorized currently through the C.O.P.S. Grant which was awarded to the City have not been hired, and none of the expenditures for those officers were included in next year's budget. The portion of revenue to be received from the Grant was included. Ms. Watt reported the proposed budget is sufficient to cover the C.O.P.S. Grant expenditure during the year, and if not it will be e~aluated during the year to make a budget adjustment from the City Manager's Contingency Fund if necessary. Commissioner Williams reported she felt the budget was presented in a more understandable way, and it seems things were laid out differently. She commended the Finance Department employees for their work on the budget. Ms. Watt reported the Finance Department, once everything is final, is going to produce a different type formatted budget document that each Commissioner will receive, and which will be available to the public upon request. Request from Esther Szabo to recognize property at 2408 ~ S. Palmetto Avenue as a lawfully existing nonconformin~ property. Commissioner Eckstein reported the City Manager recommended this request be sent to the Board of Adjustment for a dimensional variance. Jay Marder, Director of Planning and Development, reported this is a small parcel that was broken off from the principle residence, which has happened a few other times and will probably happen again. In the past they have been sent to the Board of Adjustment for a dimensional variance. This does not need any further action by the Commission, but the requestor can appeal to the City Commission if she chooses to. The Commission concurred that this be referred to the Board of Adjustment for consideration. Alternatives to provide added area codes for future phone service needs. City Manager Simmons reported he spoke with Larry Strickler who explained because of the growth in phone numbers required in the area due to population growth and the increase in cell phones, Bell South will need to create a new area code for the Metro O~ando area. This can be done by geographically dividing the area and keeping the 407 area code in one part, and giving the other part a new area code. The alternative would be to overlay the new area code on the existing geography, so that there will be two area codes operative within Orange/Osceola/Seminole Counties. The problem with the overlay is a person will have to dial the area code plus the number when making any call, local or long distance. The advantage is that those people who now have the 407 area code would retain it. Commissioner Lyons reported overlaying makes the most sense. Commissioner Lessard agreed. The Commission concurred an overlay would be the best and to authorize the Mayor to represent the Commission' s views at the Council of Mayors. Code Enforcement Appeal - ASee v. City of Sanford. City Manager Simmons reported the Court has ruled against the City, and the City has a 30 day window in which to appeal, which window will expire before the next Commission meeting. If the Commission chooses to appeal it could be expensive. The Commission needs to decide whether to appeal or let the Court ruling be final. Commissioner Lyons expressed concern as to whether the Code Enforcement Board was applying the City's codes and laws correctly, and 306 E718672 City MINUTES Commission, Sanford, Florida 3:30 WORK SESSION July 27 19-- 98 in this case he didn't think they were. Commissioner Lessard reported he attended this hearing and the City had a very weak case. The Commission concurred to let the Court ruling be final. Employee Committee recommendations re: Term Life and Dental Insurance. Tim McCauley reported that several months ago there seemed to be a consensus of the Commission to bid the Term Life insurance two ways: the way it currently exists, and prov/ding everybody w/th a one times salary coverage. The difference in the cost is an increase of approximately $26,800.00 to provide one times salary, and Prudential made the City a very good rate quote which is good for three years, which is hard to find. The Dental Insurance is a stand alone product, which means the City does not share in the cost, it is borne solely by the employee. The unique thing about the Dental Insurance is it will allow a person to go between the HMO and the Indemnity from month to month according to the person's need. This will be voted on at tonight's meeting. Commissioner Willjams reported each employee needs to be informed that the Commission directed the change in Term Life Insurance because of concern for the employees. City Manager Simmons reported a memo will be sent to each employee informing them of the change. Board appointments. Commissioner Eckstein reported, according to the City Clerk's memo, one appointment needs to be made to the Board of Adjustment to fill the vacancy left by the resignation of Henry Sweet (several applications are on file for this Board), Terry Futrell wishes to be reappointed to the Central Examining Board upon the expiration of his term on August 13, 1998, and one appointment needs to be made to the Code Enforcement Board to replace Lisa Nason who resigned. Commissioner Lessard reported that Katherine Hattaway, who was listed as having an application on file for the Board of Adjustment, is moving out of town and should be removed from consideration. Evaluation of Police Department. City Manager Simmons reported that alternatives for 'the six month review of the Police Department need to be considered. The alternatives include 'the Police Department evaluating themselves, The City Commission evaluating the Police Department in depth, or possibly the Sheriff or FDLE doing the evaluation. George Hubler, Assistant Director of Public Administration Service, who did the original Management Review for the Police Department, advised the superior alternative would be to have an outside consulting firm with police expertise, or an individual police consultant, perform the evaluation and make a report to the Commission. City Manager Simmons reported the six month evaluation should be done soon after August 16, 1998 which is exactly six months from the date (February 16, 1998) on which the Commission took action to approve the implementation, with the six month evaluation. Commissioner Lyons reported the citizens "on the street" should have some input into the evaluation. Commissioner Willjams reported the Police Department should also have some input. City Manager Simmons will put this on the August 10, 1998 agenda for consideration. Regular Agenda items. Late items. and other items. Paul Moore, Utilities Director, recommended the Resolution which was previously adopted on water usage restrictions be amended to allow the washing of cars, but leaving the rest Of the Resolution in affect. Resolution No. 1791 has been prepared and will be presented for consideration tonight. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 307 July 27 1998 City Manaeer's report. A. Open enrollment for all City Employees regarding the various health programs for next year, and for the flexible spending accounts, will be held for the next three days. The flexible spending accounts include medical coverage and child care costs. B. One property owner in the "Barnes" alley east of Sanford Avenue where garbage pick-up has been discontinued has chosen to short the amount of money paid on his water bill, by refusing to pay for garbage pick-up. Under the rules a partial payment of any part of the water bill, if not rectified, will result in the water being turned off. The Commission acknowledged same. C. Diane Crews has been working on a Grant Application for a Disaster Mitigation Grant, which is Federal money to be distributed by the State. It fit in the Phase 3B Mill Creek project. The Application has been sent in, and it could be up to $250,000.00. D. Staff is working on an Engineering Study, and has talked with Teng Associates, regarding studying ways to strengthen the sea wall and stop the soil subsidence and deterioration. The City would like to get the study done for $40,000.00, from Engineering funds. " E. The Civil Service Amendment Ordinance has been sent to Bill Colbert in draft form, and he is to redraft according to the discussion from the July 13, 1998 Commission Meeting. City Manager Simmons reported he requested comments from the City Attorney, to agenda this issue for August 10, 1998 Work Session, possibly with the first reading of the Ordinance later that evening. F. The restructuring and repaving of Sanford Central Park Drive should be starting tomorrow and be done within the next two to three weeks. G. The property that used to be the Pine Shadow Apartments has changed ownership twice. The Building Department advises that the new owners have met all the requirements for opening up for business. The City Commission revoked the Occupational License from the owners, not from the property. The City Manager recommended the Commission authorize to issue an Occupational License to the new owner, based on the condition of the facility, without any further action by the Commission. The Commission concurred. H. Bernard Brown, Chairperson of the Citizen's Advisory Board, has extended a written invitation to the Mayor and City Commission to attend the August 12, 1998 Board Meeting. Both Commissioner Eckstein and Commission Lessard reported they will be attending this meeting. Commissioner Eckstein reported that the Nuisance Abatement Board also would like the Mayor and Commission to attend the next meeting of its Board, and he will be attending. I. Reported a request to close First Street between Park Avenue and Palmetto Avenue in accordance with a special event, National Night Out, sponsored by Main Street and supported by the neighborhood watch, on Saturday, August 1, 1998 from 6:00 P.M. to 8:00 P.M. This will be presented at tonight's meeting for approval. J. Commissioner Eckstein requested that Commissioner Williams, Commissioner Lyons and Commissioner Lessard present the Employee of the Year award at tonight's Regular Commission Meeting. The Commission concurred. 308 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION July 27 19-- 98 K. City Manager Simmons reported that he, Mike Kirby and Commissioner Eckstein will be meeting tomorrow with Barry Oxford in regard to working out the details of a cooperative venture with Mayfair. There being no further business, the meeting was adjourned. Attest: mr E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 309 2.7 19 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, July 27, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Acting Mayor-Commissioner Whitey Eckstein Commissioner Velma H. Willjams Commissioner Brady Lessard Commissioner Kerry D. Lyons Assistant City Attorney Katherine Reischmann City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: Mayor-Commissioner Larry A. Dale City Attorney William L. Colbert The Chairman called the meeting to order. Thelma Mike offered the invocation. Citizen participation. ' Virginia Cooper, 1012 Magnolia Avenue, reported the Commission needs to set some guidelines as to what kinds of businesses would be best for Sanford, especially what will be allowed in the Historic District. Sanford does not need pawn shops, day labor, soup kitchens, shelters and tent cities, and people sleeping in the alleys and on the park benches. Many people come to Sanford to see the fireworks then never return because of being approached by panhandlers. This has hurt a lot of the downtown business people, devaluates the properties, and is affecting the tax base, of which there is none. All the homeless will be fed five nights a week in downtown Historic Sanford when Jean opens her soup kitchen. Ms. Cooper appealed to the Commission not to let the soup kitchen turn into a homeless shelter in Historic Sanford. This soup kitchen should be located somewhere else in the County. Also, a new day labor is being opened, which means that these people will never have to leave Sanford; they will have jobs, food and a place to sleep -- under houses, in alleys, in parks and on park benches-- and steal things from porches and sell them to the pawn shops. These people are defecating and urinating in the alleys. The citizens are tired of being the dumping ground for Seminole County, especially being the County Seat. Sanford should set a good example, not have all the vagrants living here and in the surrounding woods and trees, and setting up tent cities behind the soup kitchen and at the lakefront. She asked the Commissioners if they wanted people to know this is the kind of town they want to live in, and they are the City Commissioners who are letting all of this happen. She pleaded again for the Commission to set some kind of guidelines to stop all of this from happening again in downtown Historic Sanford. Commissioner Lessard reported that Sanford, for far too long, has been a laboratory for every subsidized food distribution, grant, or other program, and it is time, as a community and as a City Commission, to talk to the County. The County, and everyone else, has good intentions, but the tax payers are the ones being affected. The County gave the building away for the soup kitchen, and they have far too long burdened Sanford. The County needs to know Sanford cannot and will not take any more. The guidelines should specify that the County cannot give away property within Sanford because, in two cases, doing so has been detrimental to the citizens of Sanford. Thelma Mike, 1710 W. 15th Street, reported there is no other establishment in Sanford, or in Seminole County, that is as old as the Good Samaritan Home. When a person thinks about what has happened, and what is happening, in Sanford, they must think of all the progress that would have been in Sanford, had the citizens of Sanford not been narrow minded. Because the citizens of Sanford, the County Seat, have not been progressive, Altamonte has grown, Orange County has grown, and its a good thing the St. Johns River can't be moved or that progress would go somewhere 310 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 27 98 19-- else, too. Ms. Mike expressed concern over all the empty stores along First Street and in downtown Sanford. It seems the undesirables come to Sanford because Sanford has not demonstrated that it wants to better itself. She understands not wanting people lounging around in yards, but if Sanford pushes them out, where will they go? We should find out what we can do for them, some want to be out there, but some don't. Ms. Mike reported that, in regard to the referendum being considered, there should be town meetings at which a rendition, and information on what is being proposed, could be presented to people that want, or do not want, progress. She reported that she is disturbed that progress in Sanford is being used as a racial issue, because she feels it only has to do with what is needed in Sanford. Ms. Mike thanked City Manager Simmons for all of his years of service, and told him it was appreciated. William Kolodzeski, 327 W. 9th Street, reported he received a letter stating his house had been turned over to the Public Works Department for demolition. He has done a lot of work on the house, although he didn't get it completed before the expiration of the last extension given to him by the Commission. He has had the electrical inspected. Charles Rowe, Community Development Director, reported Mr. Kolodzeski has done some work on the house, but because the work was not completed by the expiration date of the extension, and the Community Development Department did not receive a request for a further time extension, he recommended the Commission authorize demolition and title search at the July 13, 1998 Commission meeting. The Commission did as recommended. Mr. Rowe recommended, at this time, to proceed with the title search and in two weeks he will report how much work Mr. Kolodzeski has completed. Mr. Rowe reported the biggest problem is that Mr. Kolodzeski has not kept in contact with the City about his progress, and his progress has been very slow. Commissioner Willjams moved to proceed with the title search and have Mr. Rowe report back tothe Commission in two weeks with the progress made by Mr. Kolodzeski. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Lyons Aye Carmer Davis, 201 Tyler Drive, reported he has gone before the Zoning Board, which required that he remove his boat from his driveway, which he has done, and he has received legal documents stating he has complied with that requirement. His purpose for coming to the Commission again tonight was to see if it could come to some consensus as to whether or not he could keep his boat in his drive-way, by possibly changing that part of the Ordinance requiring boats not be there. Mr. Davis reported this same issue came up about a year ago and someone turned in a list of about 137 people who had boats in their yards and drive-ways, and he feels it is selective enforcement to pick out just one here and there to require to be moved. Commissioner Lyons suggested possibly the Commission could grandfather the boats of the owners that stored them in their yards or drive-ways before the Ordinance was passed using the registrations, but the Commission would have to decide how far back to go and how to implement it. He asked if Staff could make some recommendations as to grandfathering. City Manager Simmons reported Staff is already researching this issue and will bring the recommendation back to the Commission at a Work Session. Art Harris expressed concern about the new rule that no crappies over 12" long can be caught and kept. The City should demand that the people who live in the City and fish along the lake front can catch any size fish they want. If E718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING July 311 27<: 19 98 the rule is allowed people are going to be barred from fishing on the lake front. The City should work with the State and tell them the City of Sanford is going to let people fish on the lake front and they should do something about it. Mr. Harris also reported the City has a mess around the tree in front of his house, and the tree is hanging down on Mellonville about five feet offof the street. Every car that goes by hits the limbs, and the trucks make a terrible noise. Commissioner Lyons reported he is agreeable to working with the State if the Commission would like to do that. Commissioner Lessard reported he does not understand the balancing act of trying to save crappies shorter than 12" when the same people allowed an alligator to be killed. On the other hand, the City does not have the authority to tell the Fish and Game Department what to do. Mr. Harris said no, but everyone has the right, before a rule becomes promulgated, to speak their opinion or make a statement, and he feels the City has been remiss in not doing that. Nell Snow, 176 Woodridge Trail, presented City Manager Simmons with a book as a going away present. Approval of minutes. Commissioner Lessard moved to approve the corrected minutes of the June 22, 1998 Regular Meeting, and minutes of the July 6, 7 and 8 Budget Work Sessions, July 13, 1998 Work Session and the July 13, 1998 Regular Meeting. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin~ and second readinl~ and adoption of Ordinance No. 3418. re: Compensation of City Commission and Mayor: expense money. Ad published July 16, 1998. Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3418. No one appeared. Commissioner Eckstein closed the public hearing. Commissioner Lessard moved to adopt Ordinance No. 3418, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLOR/DA, AMENDING SEC. 2-21 OF THE CITY CODE, SAID SECTION ENTITLED "COMPENSATION OF CITY COMMISSION AND MAYOR; EXPENSE MONEY", TO INCREASE THE ANNUAL SALARY AND EXPENSE COMPENSATION OF THE CITY COMMISSION AND MAYOR; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin!~ to consider the second readinl~ and adoption of Ordinance No. 3421. re: rezoninl~ a portion of property lying between West 241h Street and West 251h Street and between Lake Avenue and Chase Avenue (1002 W. 251h Street) from RMOL Multiple Family Residential-Office-Institutional, to PD, Planned Development. Ad published July 16, 1998. ;; Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3421. No one appeared. Commissioner Eckstein closed the public hearing. Commissioner Willjams moved to adopt Ordinance No. 3421, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID 312 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING July 27 19 98 AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN WEST 24TH STREET AND WEST 25TH STREET AND BETWEEN LAKE AVENUE AND CHASE AVENUE (1002 W. 25TH STREET), FROM RMOI (MULTIPLE FAMILY RESIDENTIAL-OFFICE- INSTITUTIONAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider the second reading and adoption of Ordinance No. 3422. re: General Employees Pension plan. Ad published July 16, 1998. Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3422. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3422, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3279, SAID ORDINANCE ENACTING THE CITY OF SANFORD GENERAL EMPLOYEES PENSION PLAN, AMENDING SECTION 3(4)(A), "PRE-RETIREMENT DEATH", TO PROVIDE FOR VESTING ONLY AFTER TEN (10) YEARS OF CREDITED SERVICE; DELETING SECTION 7, "ADMINISTRATION", TO PROVIDE THAT THE CITY COMMISSION SHALL ACT AS THE PENSION BOARD AND THAT THE FINANCE DIRECTOR SHALL ACT AS THE LIAISON; AMENDING SECTION 8(5)(A), "FINANCES AND FUND MANAGEMENT" TO ELIMINATE REFERENCE TO THE CITY COMMISSION; AMENDING SECTION 9(6), "MAXIMIJM BENEFIT LLMITATIONS", TO CORRECT A SCRIVENER'S ERROR; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider the second reading and adoption of Ordinance No. 3423, re: continued authorization for a Temporary "Building Official" position in the Community Development Department. Ad published July 16, 1998. Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3423. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3423, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, TO PROVIDE FOR CONTINUED AUTHORIZATION FOR A TEMPORARY "BUILDING OFFICIAL" POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT EFFECTIVE FROM JULY 28, 1998 FOR A PERIOD NOT TO EXCEED 6 MONTHS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Public hearing to consider the second reading and adoption of Ordinance No. 3424, re: providing authorization for four (4) additional Police Officer positions in the Police Department Uniform Division. Ad published July 16, 1998. Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3424. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3424, entitled: E718672 City MINUTES Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING July 313 27 19.-- 98 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN TO PROVIDE AUTHORIZATION FOR FOUR (4) ADDITIONAL POLICE OFFICER POSITIONS IN THE POLICE DEPARTMENT UNIFORM DIVISION; FUNDED BY THE "COPS" GRANT PROGRAM TO BE AUTHORIZED CONCURRENT WITH AND CONTINGENT UPON CONTINUED GRANT FUNDING; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider the second reading and adoption of Ordinance No. 3425. re: authorizing one additional Plans Examiner position and one additional Code Compliance Inspector I position. Ad published July 16, 1998. Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3425. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3425, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN TO PROVIDE AUTHORIZATION AND ADDITION OF ONE (1) PLANS EXAMINER POSITION AND ONE (1)ADDITIONAL CODE COMPLIANCE INSPECTOR 1 POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING DIVISION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of FY 98/99 Budget. A. Commissioner Lyons moved to acknowledge the rolled-back millage rate of 6.6928 for notification to the Property Appraiser as required by Statute. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. Commissioner Lyons moved to adopt a proposed millage rate of 6.8700 which may be changed downward at the public hearing and final consideration in September. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner Eckstein Aye. Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye C. City Manager Simmons reported the proposed budget was originally reviewed by the Commission and minor changes were requested by the Commission. The changes were made and involved moving funding around, with a significant change in the increase in the General Fund budget of $200,000.00 to fund a line item for Economic Development incentives. Those funds will come from the General Fund Reserves and makes the budget appear 314 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 27 19-- 98 $200,000.00 larger than it was as originally presented. Commissioner Lyons moved to adopt a "Proposed" Budget for 1998/99 which may be changed at the public hearing before final passage. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye D. Commissioner Lyons moved to set the tentative budget hearing for 7:00 o'clock P.M. on September 14, 1998 in the City Commission Chambers. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3426. re: establishing a Franchise Ordinance for Cable Communications Systems' Plan. Commissioner Lyons reported this Ordinance should include an addendum to specify that no marketing attempts can be made by phone or in person on a Sunday. Frank Kruppenbacher, Counsel for Time Wamer, would like to work with the City Attorney on this issue. Katherine Reischmarm, Assistant City Attorney, reported this addendum could be included in the franchise agreement instead of in the Ordinance. Commissioner Williams questioned if we can legally do this, and if the City would do an Ordinance banning all marketing on Sunday. Commissioner Lyons moved to authorize the City Attorney to make the necessary addendum to the franchise agreement to not allow any marketing on Sundays. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3426, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA; ESTABLISHING A FRANCHISE ORDINANCE FOR CABLE COMMUNICATIONS SYSTEMS; PROVIDING PROVISIONS FOR INTENT AND PURPOSE, DEFINITIONS, CONFLICTING PROVISIONS, USE OF STREETS, GRANT OF AUTHORITY, FRANCHISE REQUIREMENTS, FRANCHISE CHARACTERISTICS, FRANCHISE SUBJECT TO OTHER LAWS, INTERPRETATION OF FRANCHISE TERMS, GRANT OF FRANCHISE, COMPLAINTS, RATES, INDEMNIFICATION, FRANCHISE AREA, FRANCHISE FEE, MAPS, REPORTS AND RECORDS, DISCRIMINATION PROHIBITED, WAIVER, TAXES, TRANSFERS, APPLICATION FOR GRANT, REMOVAL, MODIFICATION, OR TRANSFER OF FRANCHISE, MINIMUM FACILITIES AND SERVICES, ACCESS CHANNELS AND FACILITIES, MINIMUM CUSTOMER SERVICE STANDARDS, CUSTOMER COMPLAINTS, RENEWAL OF FRANCHISE, CITY RIGHTS, FRANCHISE RULES, PERFORMANCE BOND, SECURITY FUNDS, SUBSCRBER PRIVACY, TECHNICAL STANDARDS, ENFORCEMENT REMEDIES, REVOCATION OF FRANCHISE, PENALTIES, PROCEDURES, CONTINUITY OF SERVICE MANDATORY, PERFORMANCE EVALUATION, ADM/NISTRATION, PERSONAL LIABILITY, APPLICABILITY, TIMELINESS BY GRANTEE; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7;00 REGULAR MEETING July 315 27 1998 Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readinff of Ordinance No. 3427. re: Adopt a Performance Appraisal System. On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3427, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ADOPTING A CITY OF SANFORD "PERFORMANCE APPRAISAL SYSTEM"; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Acknowledgment of Information Items from P!anninl~ and Zonin~ Commission Meeting of July 9, 1998. There were no items that required action by the Commission. Boards: appointments/reappointments. Board of Adjustment: The City Clerk reported Henry Sweet has resigned effective immediately. There are no recommendations from the Board. The Acting Mayor reported Katherine Hattaway is moving from the area and her name should be removed from the list of applications on file. Commissioner Lyons reported it would be appropriate for the Mayor to be available when these appointments are made, and the Commission concurred. No further action was taken. Historic Preservation Board: The Commission requested that the City Clerk list a vacancy on the Historic Preservation Board on the August 10, 1998 Agenda. Central Examining Board. The City Clerk reported Terry Futrell's term expires August 13, 1998. Mr. Futrell would like to be reappointed. Commissioner Lessard moved to reappoint Terry Futrell to the Central Examining Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Code Enforcement Board. The City Clerk reported one vacancy due to the resignation of Lisa Nason. The Commission concurred to wait to make an appointment to this board until the Mayor is available. Consent Agenda. Commissioner Lyons moved as follows: Authorize payment of statement from Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. for Professional Services 6/05/98 thru 6/30/98: $970.22. Acknowledge five (5) invoices in amount of $53,803.84 from LYNX ($6,666.67), Mayfair Country Club ($14,000.00), Prime Construction ($19,864.31 ) and Florida Environmental Assessments, Inc. ($12,587.00, $685.86) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. 316 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING July 27 19-- 98 Maintain current inside city rate structure for Midway - Canaan Water Association. Approve Addendure to Agreement with Lake Jessup Groves, Inc. for reclaimed water. Authorize advance payment from City Manager' s Contingency Fund of East Central Florida Regional Planning Council' s FY 1998-99 assessment in total amount of $7,114.00. Approve application for funding under the Local Law Enforcement Block Grants (LLEBG) program for fiscal year 1998. Approve request for street closures (Seminole Boulevard and 1 st Street between Sanford Avenue and Mellonville Avenue from noon to 12:30 P.M.) and beer sales from 10:00 A.M. to 4:00 P.M. for Special Event in Ft. Mellon Park on Sunday, August 16, 1998 for a benefit for Gene Gregory's Family. Authorize Public Works to board up property located at the NE Comer of 13th Street & Park Avenue (1219 S. Park Avenue). Authorize execution of agreement with the Florida Department of Environmental Protection for a Project Grant Agreement - Development, for the Coastline Park project. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from Florida Game and Fresh Water Fish Commission for permits to erect sil~ns at the boat ramp and alon~ the waterfront. Commissioner Lyons reported we do not need more signs along our roadways. Commissioner Lessard reported he does not want the signs, and the Commission should lobby against the rule, but the Commission needs to let the citizens know they are breaking the law if they do not abide by the new rule, and they are going to get a ticket. Commissioner Eckstein reported the Commission needs to have a little more information on the ramifications if they would deny the request. Commissioner Williams moved to table this issue. The motion died for lack of a second. Commissioner Lessard reported the ramifications are that the rule is already in place and if the citizens catch crappies under 12" and keep them they are poaching, which is a serious offense. Commissioner Lyons reported this rule has been in effect since July 1, 1998, and agreed that the only information to go out to the citizens was a small article in the Sanford Herald. City Manager Simmons reported that to his knowledge, the Fish and Game Commission had not requested permission for signs in any other jurisdiction. Carmet Davis, citizen, reported he knows the new rule is 12" and he thinks it is absolutely ridiculous to make people sitting on the wall comply with the 12" limit. Crappies over 12" are rare, and a lot of people sit on the wall and fish and cook their dinner and the Fish and Game Commission is taking away that right. Ron Ned, Assistant Fire Chief, reported that the rule of the 12" trappie applies only to Lake Monroe and the water surrounding Lake Monroe, so other jurisdictions would not be affected. Included in that rule is a 25 fish limit which is state wide. The Fish and Game Commission did research and found that Lake Monroe had a rapid growth in crappie population, and they wanted to see how large the crappies could get. A lot of other states and municipalities have gone to a 10" limit. Possibly the Commission could negotiate with the State to get a 10" limit instead of a 12". Commissioner E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING July 317 27 1998 Lessard agreed that the people have a right to fish, but they also have a right to know what the law is, and the City Commission should not take away that fight. Commissioner Lessard moved to approve the request from Florida Game and Fresh Water Fish Commission for permits to erect signs at the boat ramp and along the waterfront with a one year sunset. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Right-of-Way A~reements with FDOT to place Historic Directory Sil~na?e at the southwest corner of 1st Street and Oak Avenue and at the northeast corner of 9th Street and Cypress Avenue. Commissioner Lcssard moved to approve the historic directory signs for the comer of 9th and Cypress and 1st Street and Oak Avenue. Seconded by Comm/ssioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of awardin~ the contract to provide term life insurance and dental insurance coveraEe for City employees. Commissioner Lessard moved to award Prudential the contract to provide term life insurance, at a cost of $53,824.75 for a one times salary coverage for all employees. Also, to award Prudential the Dental Insurance which is paid for entirely by the employee dcsifing coverage. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from The Grove Counseling Center for free use of the Cultural Arts Center on September 19~ 1998 for "Mad Hatter's Tea Party". City Manager Simmons recommended rental at the Class "B" rate of $88.00 instead of free use. Commissioner Willjams reported this particular organization, Seminole Hope under the auspices of The Grove Counseling Center, does not have a budget to pay a rental fee, and she asked if there is any other City facility that may be used for flee. She does not want them to use the Boys and Girls Club, because the event requires a location that would have a touch of class. City Manager Simmons reported the facilities the City would have available would be the Cultural Arts Center, the Civic Center, or the Civic Center Annex, and with any one of those there would be a minimum fee to pay for personnel to work overtime, and for maintenance. Commissioner Lessard reported he will donate $44.00 for The Grove Counseling Center's use at the Class "B" rate, and City Manager Simmons reported he will also contribute $44.00. Commissioner Lessard moved to approve rental at the Class "B" rate of $88.00 for The Grove Counseling Center to use the Cultural Arts Center for a "Mad Hatter's Tea Party" on September 19, 1998 at 4:00 p.m. to expose "at risk girls" to cultural enrichment opportunities. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: 318 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July. 27 19 98 Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from the Ritz Community Theatre Restoration Project for $18.750.00 of Community Redevelopment Agency funds to help defray nnanticipated restoration costs (additional cost for trusses). This request was authorized by the CRA on June 3, 1998, but the CRA's Charter requires that any expenditure be reviewed and approved by the Commission. Commissioner Lyons asked where the shortfall came from since the Ritz is already receiving funds from the County. Mr. Rogers reported there were some major lightening strikes to the timbers of the roof, and some dry rot termite damage. The County has given them $437,000.00. He stated the Commission should approve this expenditure so the Ritz can be opened for the community to enjoy. Another lady reiterated that the repair to the trusses was an unexpected 'expenditure due mainly to the lightening. Commission Lyons expressed concern that if this money did not cover all the expenditures the Ritz would be coming back and asking for more money. The lady assured him that with the money from the County they should be able to complete the restoration, but one never knows when unanticipated costs will arise, that's why they are unanticipated. Commissioner Lyons moved to approve the request from the Ritz Community Theatre Restoration Project for $18,750.00 of Community Redevelopment Agency funds to help defray unanticipated restoration costs (additional cost for trusses), as authorized by the CRA on June 3, 1998. Commission as follows: Seconded by Commissioner Lessard and carried by vote of the Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons requested in the future to have more information with a request like this, possibly a budget from the Ritz Theatre, so the Commission could make a more informed decision. Commissioner Williams requested that in the future a recommendation like this be placed on the Regular Agenda as opposed to on the Consent Agenda, so the Commission could have more details. City Attorney's report. No report. City Manager's report. A. Reported he will try to get a presentation at a Work Session by the Ritz Theatre in the next couple of meetings, so that the Commission can hear the same presentation the CRA heard. B. Asked for a vote on a street closure of 1st Street between Park Avenue and Palmetto Avenue for the National Night Out Special Event on October 1, 1998 between 6:00 P.M. and 8:00 P.M. This event is sponsored by Sanford Main Street and includes the Neighborhood Watch. Commissioner Lessard moved to approved the street closure. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 City MINUTES Commission, Sanford, Florida 319 7:00 P.M. REGULAR MEETING July 27 98 19-- C. City Manager Simmons reported Resolution No. 1791 has been presented to the Commission for consideration. This Resolution would amend the previously adopted water conservation rules. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1791, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFOP, D, FLORIDA, AFFIRMING AND RATIFYING RESOLUTION NO. 1787 AND AMENDING THE POTABLE AND RECLAIMED WATER RESTRICTIONS THEREOF; PROVIDING FOR AN EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: City Clerk's report. No report. City Commissioners' reports. Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Williams - Reported the Commission has an obligation to view the problem of the homeless as being very, very important. This problem is not going to go away, and the Commission must take some responsibility for doing whatever it can to resolve the problem. - Reported the Community had an Educational Summit on Saturday to unify the community to focus on facilitating and enhancing the involvement of parents and children in becoming proactive in the educational system. There were workshops for parents, ministers, youth and for presidents of organizations. There were over 80 people in attendance, and the speaker was Congressman L. C. Hastings from Washington. Another Summit will be held in three months. Commissioner Lessard - Requested to have put on the agenda the issue of assessing a fee against properties that consistently require police and fire services. One estimate he heard was that 80% of the police and fire calls in Sanford are being consumed by 20% of the properties. The City can no longer afford that kind of a burden. He reported City Attomey Colbert has found nothing that would preclude the City from assessing these properties. When the City sends out a police car and it takes 30 minutes to respond and fill out the paper work, and the City has no way to recoup those costs, it is time to do something about it, because it. lessens the ability for the police and fire to protect the public. - Requested to have put on the agenda the issue of incentivizing police and fire employees to live within the City limits of Sanford. He proposed the City could pay 10% of a police officer's or a public safety employee's mortgage or rent within the City limits, in conjunction with allowing the public safety people to drive their vehicles home. The sheriff has done this throughout the County, and there are actually apartment complexes in Altamonte and other areas that give free or reduced rent to sheriff' s deputies who drive their vehicles home because it acts as a deterrent. - Reported he is not trying to minimize the problem of the homeless, but he wants to stop maximizing the problem. Sanford must stop solely providing for people, and instead empower people. Dependence should not be fostered, independence must be cherished and promoted. Commissioner Lyons - No report. Commissioner Eckstein - No report. 320 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 27 19 98 There being no further business, the meeting was adjourned.