081098 rm326
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MINUTES
City Commission, Sanford, Florida
7: 00 P .M. REGULAR MTG.
Augus t
10 19--
98
The City Commission of the City of Sanford, Florida met in Regular Meeting on August 10, 1998, at 7:00
o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
The Chairman
Presentations.
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 Anthony VanDerworp
City Manager William A. Simmons
City Clerk Janet R. Dougherty
called the meeting to order.
Mayor Dale presented a plaque to Gordon Butcher in recognition of his service on the Civil Service Board.
Mayor Dale, with the assistance of Police Chief Joe Dillard and Officer McMur, presented Certificates of
Appreciation to Troy Rollins and Joe Dillard, accepting for Beatrice Williams, for their assistance to the Police
Department in apprehending two criminals in two separate incidences.
Citizen participation.
A. J. David Freeman, 705 Mellonville Avenue, reported the speed limit on Mellonville Avenue has
been lowered from 35 mph to 25 mph and requested it be changed back to 35 mph. Mayor Dale requested Police Chief
Dillard to investigate why the speed limit was lowered and report back to the Commission.
B. Terry Burch, Mellonville Avenue, reported he wants the speed limit on Mellonville Avenue lowered
to 25 mph and he has done everything possible to get it lowered. He reported the opposite end of Mellonville Avenue has
been 25 mph for a long time, and he sees no need for one end to be one speed and the other end to be another. He also
reported that people are going 70 mph on Mellonville and they need to slow down. Mayor Dale again requested an
investigation and report by ChiefDillard, and reported the 70 mph speed must stop.
C. Jim Swan, 2725 Doris Street, Kissimmee, Florida, thanked the Commission for examining the
possibility of privatizing the Solid Waste Division of the City. He reported he works for Jennings Environmental Services,
whose bid was not accepted by Sanford, and he understands the difficulties the Commission must deal with and
appreciates being able to participate in the bid process.
D. Millard Hunt, 80 1 East 2nd Street, read a statement from Douglas Groseclose and presented copies
of an excerpt of the July 13, 1998 Regular Commission Meeting minutes to the Commission. Mr. Groseclose's statement
referred to the excerpt of the minutes saying that a portion of those minutes clearly show that it was the express desire of
the Commission and of the Society for the Preservation of Fort Mellon Park, that the City Staff and the Society' s
representatives work together on potential wording of the altematives to be considered by the Commission. Mr.
Groseclose spoke with City Manager Simmons on JuIy 16, 1998 asking when they couId meet to discuss wording. City
Manager Simmons explained that City Attorney Colbert was already working on several alternatives and committed to call
Mr. Groseclose as soon as he received something from City Attomey Colbert, and then Mr. Groseclose could get copies for
the Society to participate in the process. Mr. Groseclose inquired if he could get a copy before leaving town on July 28,
1998 in order for the citizen's group to have time to review it and meet with City Attomey Colbert and City Manager
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City Commission, Sanford, Florida
7:00 P.M. REG. MEETING
August 10 19 98
Simmons prior to the Commissioners' review of the material on August 10, 1998. City Manager Simmons reported he
could not give Mr. Groseclose a specific date but would get copies to him as soon as he received Attorney Colbert's work.
City Manager Simmons received City Attomey Colbert's work on July 27, 1998, the day before Mr.
Groseclose left town. There was no contact with Mr. Crroseclose, or any other member of the Society, on that day or any
time after that day. On August 4, 1998, eight days after City Attorney Colbert had finished his work, Henry Sweet called
City Manager Simmons and requested copies of the City Attorney's work. Mr. Sweet was told by City Manager Simmons
that he (City Manager Simmons) was under no obligation to provide the citizen' s group copies and that the Commission
had to review it first. Mr. Groseclose stated that City Manager Simmons' actions were clearly contradictory to the
sentiments stated and the commitments made at the July 13, 1998 Commission meeting. Mr. Groseclose now believes the
City Government does not want the citizen's group to participate in the creation of the wording of the referendum. He
does not want two referendums on the same issue on the November ballot, however if the citizens continue to be excluded
from this process, it may be unavoidable. The citizen's group would like to work with the City, but is prepared to work
alone if that is the desire of the City. The group is prepared to meet with the City' s representatives to prepare alternate
wording for the proposed referendum, as they have previously stated. Mr. Groseclose's statement concluded by asking
each Commissioner to state whether his desire was for the City and the Society to work together or separately.
Mayor Dale reported surprise that the Society for the Preservation of Fort Mellon Park had not contacted
him to arrange a meeting. He stated it was, and is, his and the Commission's desire to work together.
Mr. Hunt reported that, according to the excerpt of the July 13, 1998 minutes, the Society was to work with
the City Attorney and the City Manager, so the contact was made with the City Manager.
Mayor Dale reported the wording is not done, and it is not on tonight' s agenda. He further reported he is
willing to meet with any of the citizen~s group representatives at any time to work on the wording. Mayor Dale explained
that a meeting could not include two or more of the Commissioners without being posted as a public meeting, but the
representatives could meet with any one of the Commissioners, individually, at any time. City Manager Simmons reported
the reason information was not given to the Society when requested via two telephone conversations was that the
information was still being staffed up until 2:00 p.m. today. He apologized if there was some expectation that he would
meet with the Society before staffing had been completed, but the information was available to them had someone filled
out a written request for records per the Florida Statutes. Mr. Hunt was advised to contact the Mayor' s office and a
meeting would be set up with representatives from the citizen' s group and City Staff to work on the wording.
Commissioner Lyons asked when the deadline was for the City Commission to adopt an Ordinance to put
this issue on a referendum. Janet Dougherty, City Clerk, reported the Ordinance would need to be adopted at either the
August 24, 1998 meeting or the September 14, 1998 meeting.
E. Debbra Groseclose, 444 South Elliott, requested that all of the Commissioners and the Mayor meet
with three people from the Society for the Preservation of Fort Mellon Park sometime before the deadline for adoption, to
work on wording. Mayor Dale reported that would be very difficult to do because of the Sunshine Law, and it would be
best if the representatives from the Society met with each Commissioner individually. Ms. Groseclose reported, under the
circumstances, it may be best for the representatives from the Society to meet with City Manager Simmons.
City
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Commission, Sanford, Florida 7:00
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10
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98
F. Henry Sweet reported he is Co-Chairman of the Society for the Preservation of Fort Mellon Park and
that the park is the people's land, and the people should decide what to do with it. He further challenged any
Commissioner to speak up if he or she campaigned on the platform to give away the park, because that is what the
Commissioners are saying the people want and that they were elected for. Commissioner Lessard pointed out that the
Commissioners are not "giving away the park". Mr. Sweet then asked, "which of the Commissioners campaigned on a
platform to develop Fort Mellon Park?" Mr. Sweet further reported there was a great deal of rhetoric at the Work Session
today that offended him. This is not a racial issue, this is a citizens' issue. The citizens own Ft. Mellon Park. He feels he
is being patronized and he will not be maligned with racist connotations. Black people can think for themselves; it is the
responsibility of the City to educate the people on the merits of this project. Mr. Sweet referred to an article and picture in
the Seminole Herald on July 17, 1998, which read "Just give me a sign, we support the Mayor and the Conference Center".
He reported the Commission must want to attribute where the credibility lies as far as who is running the show, as far as
the Commission goes, to the Society. The Society did not produce the sign, and had nothing to do with it, so if it appears,
or is being said in public, that the Mayor is in charge, maybe that's life. This project is not an end all for economic
development in Sanford: 35,000 people have access and have a right to the use of the park. The development that is being
proposed would benefit just a few. It is for the people to decide if they want that conversion. There are altematives to
using this property, other land along the lakefront. The Riverwalk will be built and the park will be enhanced whether or
not the hotel is built. The two fishing piers are not going to benefit people who can now fish all along the entire water
front. If jobs are the issue, why is the City privatizing 30 jobs in the Waste Management Division that are already 30
secure jobs? There is talk of creating jobs but not of preserving the jobs that already have people on the payroll, and who
are doing an outstanding job. He closed by saying that the Society did not come to the Commission on bended knee asking
them to put this issue on the referendum, the Society's efforts and initiative started long before the Commission decided to
supersede it, which is the Commission's prerogative.
G. William Duncan, with Charles Rowe present to speak for him, presented a written request to the
Commission asking for an extension of 30 days to remove two vehicles from his property which had been found to be in ,
violation of the Code. Mr. Duncan presented extenuating circumstances involving his health which has prevented him
from complying with the Code before this time, and feels he will be able to comply if given another 30 days.
Commissioner Eckstein moved to authorize a thirty day extension. 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
H. Robert Peters, 7309 Forest Hill Court, Winter Park, reported he would like to speak on the Consent
Agenda item regarding the computer contract for the City. Mayor Dale reported the Commission will pull that item from
the Consent Agenda and discuss it and vote on it separately, and Mr. Peters could speak at that time.
I. Steven Meyers, 718 Oak Avenue, reported the famous architect, preservationist and developer
Andres Duany came to Sanford, sponsored by the Sanford Historic Trust, to help design a set of preservation codes for the
neighborhood. During that process, information was also compiled regarding downtown Sanford. The presentation that
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City Commission, Sanford, Florida
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329
Augustl0 19 98
Mr. Duany gave to the residents and officials included Fort Mellon Park, suggesting that the Park was a necessity to the
community. Mr. Duany predicted that when development came to Sanford, Fort Mellon Park would be the most likely
target, it is centrally located, a large parcel of land, and there are no permanent structures, but the City should not permit
developers to take away one of the greatest assets of the downtown area. There is a lot of other land, east and west, that
could be developed. Mr. Meyers encouraged anyone on either side of this project to look at whatever records there are of
Mr. Duany's presentation and think long and hard about his experience, credibility and expertise. Mr. Duany's
contribution to Sanford has had tremendous financial impact on Sanford's image, property values and taxes. The
Commission concurred to try to contact Mr. Duany to get his opinion on this issue. A man from the audience reported that
he had all of the Duany files in his possession and would share those with the Mayor's office. Jay Marder reported he also
has the report. Mayor Dale reported his office will make them available to any interested party.
J. Steven White, 109 Hayes Drive, requested an additional 30 days to repair a vehicle which has been
posted as a code violation. He was cited previously and told he must cover the vehicle, which he did, but the cover was
stolen within two weeks. The new Ordinance now says the vehicle must be moved, which he plans to do within the next
two weeks or so after insuring, and have it repaired. Commissioner Williams moved to authorize a 30 day extension to
have the vehicle insured, moved and repaired. 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 Nay
Approval of minutes.
Commissioner Williams moved to approve the minutes of the July 27, 1998 Work Session and the July 27,
1998 Regular Meeting. Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Public hearing to consider the second readin~ and adoption of Ordinance No. 3426, re: establishine a Franchise
Ordinance for Cable Communications Systems. Ad published July 30, 1998.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to, Ordinance No. 3426. No one appeared. Commissioner Eckstein moved to adopt 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, SUBSCRIBER PRIVACY, TECHNICAL
STANDARDS, ENFORCEMENT REMEDIES, REVOCATION OF FRANCHISE,
PENALTIES, PROCEDURES, CONTINUITY OF SERVICE MANDATORY,
330
City
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Commission, Sanford, Florida
7:00 P.M. REG.
MEETING
August
98
19--
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:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Public hearinU to consider the second readinU and adoption of Ordinance No. 3427, re: adoptinU a Performance
Appraisal System. Ad published July 30, 1998.
Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition
to, Ordinance No. 3427. No one appeared. Commissioner Lessard moved to adopt 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 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
Franchise Agreement for CATV.
On recommendation of the City Manager, Commissioner Eckstein moved to accept the Franchise
Agreement for CATV and authorize the Mayor to execute same. Seconded by Commissioner Lyons and carried by vote of
the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Manager Simmons reported that Time Wamer Communications has submitted a letter agreeing to limit
door to door solicitations for new business to not start until after 12:00 Noon on Sundays. Commissioner Lyons moved to
acknowledge the letter submitted from Time Warher Communications. Seconded by Commissioner Williams and carded
by vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Right-of-Way Use Agreement for Peter D. Molovic of Sunbelt Rentals. Inc., 1501 W. 1st Street, Sanford, Florida to
install landscaping as outlined on approved site plan. Notice sent to abutting owners on July 27, 1998.
City Manager Simmons reported this is a request from Sunbelt Rentals for installation of landscaping
improvements within the Right-of-Way of Jasmine Avenue on West I st Stmet;an,~ on Oleander Avenue, for the property
located at 1501 West 1 st Street. Letters of notification were Sent, as prev~ty direc~d by the Commission, to all
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City Commission, Sanford, Florida
331
7:00 P.M. REG. MEETING August 10 1998
adjacent property owners, including those across the street. Thirteen notices were sent with one reply being received
which owner was in agreement. Mayor Dale reported the Commission would hear from those persons present who wished
to speak on this issue. No one appeared.
On recommendation of the City Manager, Commissioner Lessard moved to approve the Right-Of-Way Use
Agreement for Peter D. Molovic of Sunbelt Rentals, Inc. to install landscaping as outlined on approved site plan.
Seconded by Commissioner Lyons and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Resolution No. 1790. re: authorize entering into an Urban and Community Forestry Grant Memorandum of
Agreement with the State of Florida.
Howard Jeffties, Parks and Grounds Maintenance Coordinator, reported this grant will provide funding for
trees for the Second Street streetscape, trees for Holly Avenue, and trees in the Hidden Lake Subdivision. The City will be
able to plant about 112 trees for a little over $4,000.00 of actual out-of-pocket cost. The City will get about $22,000.00
worth of work out of the project. On recommendation of the City Manager, Commissioner Lyons moved to adopt
Resolution No. 1790, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, TO ENTER INTO AN
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING AN 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
Resolution No. 1792. re: authorize signatures on bank accounts and the State Board of Administration.
On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1792,
entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, TO AUTHORIZE
SIGNATURES ON BANK ACCOUNTS WITH BARNETT BANK OF CENTRAL
FLORIDA, N.A. AND THE STATE BOARD OF ADMINISTRATION; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
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
First readine of Ordinance No. 3428. re: Amendment to the Civil Service Code.
On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance
No. 3428, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING CHAPTER 2,
ARTICLE XIX OF THE CITY OF SANFORD CODE REGARDING THE CIVIL SERVICE
332
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Commission, Sanford, Florida
7: 00 P .M. REG. MEETING
August
10
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98
SYSTEM AND THE CIVIL SERVICE BOARD OF THE CITY OF SANFORD; CREATING
A NEW CHAPTER 2, ARTICLE XIX WHICH ESTABLISHES A CIVIL SERVICE
SYSTEM AND A CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA;
PROVIDING FOR ORGANIZATION AND MEMBERSHIP OF THE CIVIL SERVICE
BOARD; ESTABLISHING QUALIFICATIONS OF CIVIL SERVICE BOARD MEMBERS;
ESTABLISHING TERMS OF OffICE; ESTABLISHING OFFICE, MEETINGS AND
QUORUM OF THE CIVIL SERVICE BOARD; PROVIDING FOR DISQUALIFICATION,
REMOVAL OF VACANCIES IN THE CIVIL SERVICE BOARD MEMBERS;
PROVIDING FOR COMPENSATION AND EXPENSE OF BOARD MEMBERS;
PROVIDING FOR EMPLOYMENT OF ASSISTANTS AND ASSIGNMENT OF
SECRETARY; PROVIDING FOR EXPENSES OF CIVIL SERVICE BOARD; PROVIDING
CIVIL SERVICE BOARD TO CREATE CODE OF RULES; PROVDING FOR DELIVERY
OF COPY OF CHANGES TO CODE OF RULES AND CERTIFICATES OF
ACKNOWLEDGMENT OF RECEIPT; REQUIRING CLASSIFICATION OF POSITIONS;
REQUIRING CITY COMMISSION TO FIX COMPENSATION; PROVIDING TERMS OF
EMPLOYMENT, DUTIES AND OBLIGATIONS OF CIVIL SERVICE EMPLOYEES;
PROVIDING FOR DESIGNATION OF GRADES IN DEPARTMENTS, NUMBER OF
MEMBERS IN GRADES AND INCREASE OR REDUCTION IN AUTHORIZED
POSITIONS BY THE CITY COMMISSION; PROVIDING FOR VACANCIES IN
CLASSIFIED SERVICE, PROBATION PERIODS, SENIORITY AND PROMOTION OF
EMPLOYEES; ESTABLISHING APPOINTIVE, REMOVAL, SUSPENSION AND
DEMOTION POWER; ESTABLISHING CAUSES AND PROVIDING FOR SUSPENSION,
DEMOTION AND DISMISSAL OF EMPLOYEES: ESTABLISHING RIGHT OF APPEAL,
HEARING AND JUDGMENT BY CIVIL SERVICE BOARD; ESTABLISHING RIGHT OF
APPEAL TO THE CITY MANAGER AND CITY COMMISSION; PROVIDING FOR
RULES AND REGULATIONS BY DEPARTMENT HEADS; FORBIDDING
SUBSCRIPTION OR CONTRIBUTION TO MUNICIPAL POLITICAL PURPOSE;
FORBIDDING USE OF POLITICAL INFLUENCE IN MUNICIPAL ELECTIONS;
GRANTING AUTHORITY TO EMPLOY ATTORNEY; PROVIDING FOR
AMENDMENTS TO CIVIL SERVICE ORDINANCE; PROVIDING FOR SEVERABILITY,
CONFLICTS, CODIFICATION AND EFFECTIVE DATE.
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
Condemnation Status Report/requests for extensions/demolitions.
On recommendation of Charles Rowe Commissioner Eckstein moved to authorize an extension until
August 24, 1998 for Condemnation No. 98-1, 111 Cedar Avenue, for the contractor to pull permits. 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
On recommendation of Charles Rowe Commissioner Eckstein moved to authorize an extension until
August 24, 1998 for Condemnation No. 98-6, 315 Pecan Avenue. Seconded by Commissioner Williams and carried by
vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Nay
Commissioner Lyons Aye
Mr. Rowe presented his report on Condemnation No. 97-18, 811 Elm Avenue, as requested by the
Commission at its July 27, 1998 meeting. The property was inspected on July 30, 1998 and it was found that quite a bit of
work had been completed. Two more inspections have been done since then and the findings were favorable. Mr.
Kolodzeski, owner, reported he could complete the rest of the repairs within 90 days. Commissioner Eckstein moved to
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City Commission, Sanford, Florida
333
authorize a 90 day extension for Condemnation No. 97-18. Seconded by Commissioner Williams and carried by vote of
the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Nay
Commissioner Lyons Nay
Recommendations from Planning and Zonin8 Commission Meeting of July 23. 1998.
Commissioner Lyons moved to approve the Preliminary Subdivision Plan for Monterey Oaks, a proposed
112 lot single-family residential subdivision located at 408 Upsala Road in a PD, Planned Development (Indian Trace PD)
based on and subject to staff recommendations. 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
Boards: appointments/reappointments.
Board of Adjustment: The City Clerk reported there is one vacancy due to the resignation of Henry Sweet.
Commissioner Lyons moved to appoint Ruth Ann Stamm to the Board of Adjustment. 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
Code Enforcement Board: The City Clerk reported there are two vacancies due to the resignations of Lisa
Nason and Hemy Sweet, Jr. (alternate). Commissioner Williams moved to appoint Fred Mobley to the Code Enforcement
Board to replace Lisa Nason. 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
Historic Preservation Board: The Director of Planning and Development reported Mike Skat has resigned
from this Board effective immediately. Linda Kutm asked that her name be withdram from the list of applicants for the
Board because of a conflict of interest. Commissioner Lessard requested this appointment be postponed until the next
meeting. The Commission concurred.
Consent Agenda.
City Manager Simmons requested consideration of a commitment letter for stormwater line of credit loan
be continued for further clarification. Commissioner Lyons moved to continue the consideration of this commitment letter
to the next meeting. 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
3'3'4'
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Commission, Sanford, Florida
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Robert Peters, 7309 Forest Hill Court, Winter Park, representing Florida Computer Company, presented
reasons why the City should consider his company for the award of the bid for computers for the City. City Manager
Simmons had recommended that all bids be rejected and the computers purchased under state contract. Mr. Peters
reported City Manager Simmons had stated his main objection to purchasing from Florida Computer Company was
because they were a new company and there is a chance they may fail. Donna Watt, Finance Director, reported the City
had received three bids for the computers, and Florida Computer Company was the lowest bidder. Under state contract a
more powerful computer is available at a comparable price. Florida Computer Company has only been in business in
Sanford for a couple of months. Earlier this year the City awarded a computer bid to Adrian J. Laurencelle, of which Mr.
Peters was an employee. About two months ago Mr. Peters and his manager, Mr. Rivera, came to Ms. Watt's office with
the Data Processing Manager and reported they were investors in Adrian J. Laurencelle but that company did not exist any
more, and they had taken over the company. They further stated they would support the maintenance agreement of three
years on-sight maintenance. They have not given the City this guarantee in writing. A few days later Mr. Laurencelle
came to Donna Watt's office and reported there were legal issues that had not been resolved in the extinguishing of his
business, and Ms. Watt assumed that Mr. Laurencelle had charges against the investor. At this time, Ms. Watt believes this
case is still ongoing, and Staff thought it best not to get involved in the situation and not purchase computers from Florida
Computer Company at this time.
Commissioner Lyons asked if Florida Computer Company could provide the more powerful computer at the
same price as the State. Ms. Watt reported she did not know, but she reported that as an attachment to their bid, they did
state they would give the City a one year warranty on the machines which had been purchased from Mr. Laurencelle, if
they were awarded the bid. Mr. Peters reported that not having seen the specs on the more powerful machine, he could not
say whether his company could match the price the State was offering. He further stated that Mr. Laurencelle is being
sued for bad checks, and Mr. Laurencelle has filed a criminal suit against Florida Computer Company. This matter is in
litigation, and Mr. Peters feels he has done nothing wrong and his company will be around for a long time. He stated that
if it were going to fail it would have done so by now.
Avenue.
Florida Computer Company is located at 1812 South French
Commissioner Lyons reported he has no trouble buying $4,000.00 worth of computers from a local
company, and just because the City is more aware of some of the company' s internal problems than the problems of other
companies is no reason to discriminate. Commissioner Eckstein asked if there was any way we could work with Florida
Computer Company. Ms. Watt reported she did not know if Florida Computer Company could provide what the City is
asking. The City is ordering six computers, and she had been told by a City employee that they had taken their personal
computer to this company to get it upgraded and they were called the next day and told they would have to pay $180.00 up
front, which indicates maybe the company is under capitalized and cannot meet the City's needs.
Mr. Peters admitted that the company did have capitalization problems but he believes they have been
resolved and they will not have those kinds of problems in the future. He also stated that, as far as the one year only
warranty, it is not a good idea to warranty a computer for more than a year in today' s environment because two years from
now it will be obsolete, and the parts to fix it will no longer be manufactured, so it would be easier just to replace the
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City Commission, Sanford, Florida
7: 00 P .M. REG. MEETING
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August 10 1998
computer. The bid that he submitted did include a three year warranty because that is what the specs called for, but that
does not necessarily mean that he agrees with it. Mr. Peters reported he has replaced, in good faith, at least two items of
hardware that have failed in the interim time of the end of Lawrencell to date. Ms. Watt reported she believes, but is not
absolutely certain, that there was one instance where Mr. Peters did not replace something, and Mr. Laurencelle did. Mr.
Peters stated he was not aware of that. Mayor Dale reported the Commission needs to make the decision whether Florida
Computer Company is capitalized and stable enough to stay in business for the duration of the warranty period.
Commissioner Eckstein moved to table this issue for further investigation. 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
Mayor Dale reported this will be considered again at the next Commission meeting.
Commissioner Lyons asked, in regard to the Phase I - Condition Study of the Lake Monroe Seawall, what is
the end goal, or what does the City desire for the Lake Monroe Seawall; completely repair it, partially repair it, or continue
to study it. City Manager Simmons reported that in many places along the seawall there are gaps between the adjacent
sheet piles, and there are some other problems, even one section which has collapsed. The City is looking for the best and
most economical technology to correct this problem. Staff is looking for the proposed consultant to do enough studies to
come back to the Commission with some recommendations on which the City can start to build some work plans. These
problems need to be corrected before FDOT begins the Riverwalk project. Commissioner Lyons moved to accept the
revised proposal from Teng & Associates Inc., in the amount of $23,470.00 plus reimbursable expenses, for the Phase I -
Seconded by Commissioner Eckstein and carried by vote of the
Condition Study of the Lake Monroe Seawall.
Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lyons asked if the Osprey nest proposed to be relocated from a stadium pole to a new pole
next to the stadium is a live nest. Mayor Dale reported it is a live nest, and the Osprey is a protected bird, and the habitat
and nest are protected also. He further reported it was good public relations to relocate the nest. Commissioner Lyons
moved to approve the relocation of the osprey nest from a stadium pole to a new pole to be placed next to the stadium, and
accept the proposal for relocation from Wills Stucco Inc. for a cost of $1,300.00. The City's Engineering and Public
Works Departments will assist in the relocation as necessary, and the Fish and Game Commission will be on site to
examine the nest if required. Florida Power and Light is donating and installing the new pole. Seconded by Commissioner
Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Eckstein asked, if the City approves the installation of purple martin nest boxes along the
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7:00 P.M. REG. MEETING August
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19--
98
lakefront would it become a maintenance problem as it had in the past. Howard Jeffries reported he is to have a meeting
with Seminole Audubon Society, which is donating the purple martin nest boxes, to discuss any potential problems.
Commissioner Eckstein moved to approve the request from Seminole Audubon Society to install and maintain (with some
assistance from the City Staff) purple martin nest boxes along the lakefront. Seconded by Commissioner Lessard and
camed by vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
Commissioner Eckstein moved as follows:
Acknowledge eleven (11 ) invoices in amount of $119,935.63 from Maxwell Contracting, Inc. ($49,320.34);
Conklin, Porter and Holmes ($8,943.07, $9,705.56, $1,938.92, $13,865.14, $14,151.96, $6,808.60,
$5,134.46 and $1,302.08), Brantley & Associates ($3,333.00) and Hartman & Associates, Inc. ($5,432.50)
paid during the period for previously approved lump sum contracts per City Commission approval on
October 8, 1990 and November 5, 1991.
Approve Vouchers for month of July, 1998.
Authorize execution of the proposed funding agreement with METROPLAN ORLANDO for FY 1998/99 in
total amount of $26,647.00, based on $0.75 per capita assessment.
Authorize continuation of contract with the Florida League of Cities for include property, liability, auto and
other miscellaneous insurance coverage as needed, and lock in the premium for a two-year period at a cost
of $371,034.00 to be billed in eight (8) quarterly installments.
Authorize rebid of IFB 97/98-92, Crawford Property Land Clearing, Filling, Grading.
Approve Interlocal Agreement - 1999 Mens' Super Tournament. The term of the agreement is October 1,
1998 through September 30, 1999 to host the 1998 ASA Men's Super Slow Pitch National Championship at
the Historic Sanford Memorial Stadium.
Seconded by Commissioner Lyons and carded by vote of the Commission as follows:
City Attorney's report.
No report.
City Clerk's report.
No report.
City Manal~er's report.
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
A) City Manager VanDerworp recommended approval of a request for $1,500.00 from the Economic
Development Incentive Fund, to assist in the business tours program at the airport. Commissioner Lessard moved to
approve the request for $1,500.00 as stated by City Manager VanDerworp. Seconded by Commissioner Lyons and carded
by vote of the Commission as follows:
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Mayor~CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
B.) City Manager VanDerworp recommended retuming the application for pay phones to the owner of
the property located at 217 Park Avenue and advising them they must reapply for pay phones using the proper signatures
on the application. Commissioner Lessard moved to overram the decision of the Historic Preservation Board and deny the
request for pay phones, with the stipulation that the application be sent back to the owner to reapply. Seconded by
Commissioner Lyons 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
City Manager VanDerworp requested a vote on first reading of Ordinance No. 3430 regarding clearing the
title for Fort Mellon Park. Commissioner Lyons moved on first reading of Ordinance No. 3430, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY
COMMISSION OF THE CITY OF SANFORD TO DEVELOP THE PROPERTY
GENERALLY DESCRIBED AS FORT MELLON PARK AND MORE PARTICULARLY
DESCRIBED IN THIS ORDINANCE; PERMITTING THE CITY TO LEASE SAID
PROPERTY IN ORDER TO ALLOW FOR THE DEVELOPMENT OF A
HOTEL/CONFERENCE CENTER COMPLEX ON THE PROPERTY; PROVIDING FOR
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
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
City Manager VanDerworp requested a vote on Ordinance No. 3432, re: Fort Mellon referendum. Mayor
Dale suggested this Ordinance be tabled until the Society and the City can work on the wording. Commissioner Lyons
moved to table this Ordinance until the August 24, 1998 meeting. 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
City Manager VanDerworp reported that Diane Crews would be the proper contact for the Society to set up a meeting to
work on the wording.
City Manager Simmons reported he has received a request for emergency water service for property located
at 2926 Knudsen Avenue, north of Airport Boulevard and adjacent to airport property. The property is annexable and an
annexation request has been filed. City Manager Simmons recommends authorization to proceed with the water
connection with all costs to be paid by the applicant. Commissioner Lyons moved to authorize the connection of
emergency water service with all costs to be paid by the applicant. Seconded by Commissioner Lessard and carded by
vote of the Commission as follows:
338
E718672
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Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Manager Simmons reported there seemed to be a consensus in today's Work Session for approval of
Scheme A, with some modifications, regarding the renovation of the Stadium. Commissioner Eckstein moved to approve
the modified Scheme A, with some modifications, for the renovation of Historic Memorial Sanford Stadium. Seconded by
Commissioner Williams and carried by vote of the Commission as
follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Manager Simmons asked if the Commission wished to vote for tentative approval of the Sanford
Airport Authority FY 98/99 Budget. On recommendation of the Mayor, Commissioner Eckstein moved to approve the
Airport Budget and forward the Budget to the Airport Authority. Seconded by Commissioner Lyons and carried by vote of
the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
City Manager Simmons reported, in regard to the proposal from Public Administration Services for
evaluation of progress of the Police Department and implementation of the Management Review, he recommends approval
of the proposal as outlined in Mr. Hubler's letter for a fee not to exceect$14,000.00 for a total of 20 man days of effort.
Commissioner Lyons moved to approve the proposal from Public Administration Services for approximately $14,000.00.
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
City Manager Simmons reported that the proposed signage along the lake front for regulating the minimum
size of black crappie was due to an ongoing project by the Fish and Game Department. He has been in contact with the
scientist who is the project coordinator for this project and asked him how significant the impact would be on citizens who
fish along the lake front for food. The scientist reported it would have some impact, however, there are other types of fish
which are caught in this area. City Manager Simmons also asked the scientist what would happen if the City refused to
cooperate, and the scientist stated they would just put the signs in the water. City Manager Simmons recommends that the
City maintain some semblance of cooperation and proceed with the placement of the signs. The Commission concurred.
City Manager Simmons reported he has received a written request from the sponsor of a dog show which is
to take place at the Marina Hotel on November 6th and 7th. The sponsor has requested authorization for dedicated parking
for the event in the parking lot between the post office and the Court Home, including up to 20 recreational vehicles to be
parked ovemight. This is the same weekend as the Golden Age Games. City Manager Simmons recommends the parking
be approved on a first come/first served basis. The Commission concurred.
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August 10 1998
City Manager Simmons reported he has met with Diane Kramer of the Seminole County School Board in
regard to the swimming pool. The School Board wants to give Sanford the land and attempt to help get money from the
County CDBG program next year, in order to have a pool built. The Commission has previously stated it wants a 50 meter
pool. There is serious question as to whether a little over $1 million is enough money to build a 50 meter pool with the
necessary associated bath houses. City Manager VanDerworp reported he would like to meet with Commissioner Eckstein
to explore other options as far as building the pool and making it available to the citizens, and as far as ownership of the
pool, for example the School Board owning the pool with the City buying time. Commissioner Eckstein reported if the
Commission does not move forward on this, it will never get done. Mayor Dale reported City Manager VanDerworp
should work with Superintendent Haggerty, and Commissioner Eckstein reported that it is time the Superintendent meets
the City Manager and the Mayor, instead of working through third parties. City Manager VanDerworp reported that the
County District Commissioner will be included in the loop. Mayor Dale reported that the Commission should have a joint
meeting with the School Board and work out the details. The Commission concurred Mr. VanDerworp should work with
Commissioner Eckstein and the School Board and County, and then set a joint Work Session with the School Board.
City Manager Simmons recommended two items that were listed on today's Work Session and did not get
discussed should be carried over to the next Work Session: the proposed Memorandum of Understanding with the FDOT
on the maintenance of State Road 46, and the recommendation from the Cemetery Advisorlj Committee 'to demolish the
gazebo and the old brick building at the cemetery. The Commission concurred. '-
City Manager Simmons reported this will be his last meeting with the Commission and he stated the job has
been challenging and dynamic, and a lot of progress has been made over the thirteen years he has served the City. He
extended special thanks to the Staff of the City for their support and their can-do attitude. The Staff has consistently risen
to the challenge of 'do more for less'. City Manager Simmons quoted the saying "There they go, I must hasten to catch
them, because I am their leader". He reported the Staff has been magnificent through the years and he thanked every one
of them.
City Commissioners' reports.
Commissioner Eckstein - wished City Manager Simmons luck and stated he is a true gentleman.
Commissioner Williams - asked what the status of the Mill Creek drainage project is. City Manager
Simmons reported the City is waiting for further information on the eight acres to be acquired from the Sandefur Trust,
and how much of that eight acres will be categorized by the regnlatory agencies as wetlands. The City is working on a
concept to try to avoid mitigation.
- reported that it has been interesting knowing City Manager Simmons, agreed he
is a fine gentleman, and wished him luck.
Commissioner Lessard - asked City Manager VanDerworp and the Mayor to put three proposals on
the Work Session for next meeting which were listed on today's Work Session and not discussed: the incentives for police
officers to live in Sanford/allow police officers to drive vehicles home if they live within the City limits, and the $50.00
assessment to curtail the drain on public services in the City.
- reported he attended the Nuisance Abatement Board meeting last
Wednesday, and the Commission needs to discuss the mission of the Board, or the possibility of disbanding the Board.
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Cities.
- reported he will be representing the City this week at the Florida League of
- reported tonight Sanford tntly loses a friend. City Manager Simmons has
served the City honorably, and the City is losing a mental giant. He wished City Manager Simmons "fair winds and
smooth seas my friend", and stated he deserves every joy in retirement.
Commissioner Lyons - reported he artended a meeting of the Sanford Airport Noise Abatement Committee
and distributed copies of, and described, a study to be done on noise. If anyone wants more information they can contact
Jack Dowe.
- reported it has been a pleasure and an honor to work with City Manager Simmons,
and he respects him very much and feels he has done a super job with the City.
Mayor Dale - Shook City Manager Simmons hand and told him this is the last time he will officially hear
"the meeting is adjourned".
There being no further business, the meeting was adjourned.
Attest:
mr