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081098 rm326 E718672 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 E718672 MINUTES 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 MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING August 10 19-- 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 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGi~ -.MEETING 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 MINUTES 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 E718672 MINUTES 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 E718672 City MINUTES Commission, Sanford, Florida 7: 00 P .M. REG. MEETING August 10 19-- 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 ETIS~TZ MINUTES 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' E718672 City MINUTES Commission, Sanford, Florida 19-- 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 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REG. MEETING 33'5 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 336 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING August 10 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: E718672 MINUTES City Commission, Sanford, Florida 7: 0 0 P.M. REG. MEETING 337 August 10 1998 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 City MINUTES Commission, Sanford, Florida 7: 0 0 P.M. RRGI]I',,~,R MEETING 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. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 339 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. 340 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 10 1998 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