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042699 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 3:30 Work Session April 26 565 The City Commission of the City of Sanford, Florida met in Work Session on Monday, April 26, 1999, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner A. A. McClanahan Commissioner Velma H. Willjams Assistant City Attomey Catherine Reischmann City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Mayor Dale reported that the City had been sued recently by the Orlando Sentinel for not giving them a 911 tape. The Sentinel sued the Police Department and Chief Bronson personally, and the suit was heard about a week and a half ago. The judge ruled in the City's favor because there were items in the 911 tape which the District Attorney said would be detrimental to the case (the double murder in Rosecliff off of Lake Mary Boulevard). An appeal has not been filed to date. The City did intervene on behalf of ChiefBronson because he was acting in his official capacity. Mayor Dale clarified statements made in the Orlando Sentinel referring to him as owner of the Sterling Woods subdivision. Mayor Dale reported he does not now and never has had ownership in Sterling Woods. Sterling Woods is owned by Matzel Organization, Inc. of New Jersey, and Mayor Dale was hired to coordinate the development of Sterling Woods before he ran for Mayor of the City of Sanford, and once the subdivision was completed his obligation to Matzel was complete. The subdivision was sold to Maronda Homes by Mr. Matzel, and Mayor Dale does not have any ownership or interest in Maronda Homes. Mayor Dale did visit Sterling Woods, along with the Police Chief, in response to complaints of vandalism, and in regard to setting up area patrols. He further followed up on Sterling Woods at a later date in response to more complaints of vandalism made to him as Mayor. Acting Police Chief Bronson reported that a new policy has been established for patrolman to "check in" on the radio when they patrol sub-divisions or high crime areas, and it will be permanently recorded. This is a policy that was developed by him as Chief of Police, not by Mayor Dale and not at the request of Mayor Dale. Commissioner Eckstein reported every employee of the Police Department needs to be aware of every annexation as soon as it is annexed so it can be patrolled and receive service in a timely manner. Mayor Dale reported he had no information on a "gift" that was left anonymously outside the Sanford Food Lion store for him. The jug of undetermined contents is at the police lab being tested. Request from It.E.L.P. Program to erect a Community Service Bulletin Board in Fort Mellon Park. Baole-Huu, adult Project Leader for H.E.L.P. (Hands-On Education Leadership Project) presented a proposal to put up a Community Service Bulletin Board in Ft. Mellon Park, identical to the sign at the Civic Center, for the purpose of posting public service notices. This sign would be a cork board covered with a locking glass door, and possibly electric hookup, and would be maintained originally by H.E.L.P., but eventually would be turned over to the City for maintenance. Amy Puthoff from Florida United Way reported H.E.L.P. is a collaboration between Seminole County Public Schools, Florida United Way and the Community Foundation of Central Florida, and is funded through the Florida Learn and Serve Corporation. It is a grant funded program to get students in Seminole County High Schools involved in 566 E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION April 26 99 community service and service learning projects. Chris Emens, Youth Project Leader and a sophomore at Winter Springs High School, reported he proposed this project as a public service through H.E.L.P. The Commission concurred the City Manager will gather some more information regarding the sign and future plans for Ft. Mellon Park and make a recommendation to the Commission at a later time. Solid-waste bulk pick-up. Joanne Legge, Solid Waste Coordinator, reported the number of complaints she has received regarding trash pick-up has decreased from 50 to 11 in the past two or three weeks. The policy in the past for bulk pick up was that the owner had to clear the trees, brush, etc., and the City would pick it up for free. Each owner was allowed four free pick- up's per year for large or excessive items. There now seems to be some confusion as to what "four free pick-ups a year" includes, and what the haulers will or will not take. She showed pictures as examples of what is and isn't a free pick-up. Joe Briarton, General Manager of Florida Recycling Services, Inc., distributed a list of recommendations for Solid Waste contract compliance. These included: 1 ) charge the bid price of $13.50 per 4 cubic yards to pick up any commingled piles. This would be charged after notifying the customer and giving them ample time to sort it themselves, and 2) yard trash that is over the required limits, loose leaves not containerized and loose grass clippings be counted as one of the 4 bulk pick-ups included in the basic service. After the maximum of 4 is attained then the charge of $13.50 per 4 cubic yards would apply. The Commission concurred to try the recommendations made by Mr. Briarton, with the stipulation that all City residents be properly informed. The City Manager reported Staff will provide the Commission with samples of the information to be distributed to FRS' customers. Newsrack Ordinance. Jay Marder, Director of Planning and Development, reported the City has existing policies and regulations that support the same types of things this Ordinance addresses. Staff is recommending a$30.00 licensing or permitting ~ fee, and would like to inform all newsrack publishers, and all business owners who will be affected, by certified letter. Sixty days is recommended between adoption and effective date to allow for conformante. "' John Howell of Holland & Knight LLP, and representative of Sentinel Communications Company, requested this Ordinance be tabled due to legal, Constitutional and practical defects. He would like to have a month to review and analyze the Ordinance further, and meet with the City Manager and other persons affected by the Ordinance. The Commission concurred to continue the Ordinance to a date certain at tonight' s meeting. Pay Plan Review. performance appraisal. and performance incentives. Joe Denaro, Personnel Director, recommended the Commission have the bi-annual wage and salary survey done by DMG, as recommended in the agreement with DMG in 1997. The cost would be $8,500.00. Mr. Denaro suggested this survey be completed by the beginning of June so the changes can be incorporated in the next fiscal year budget. He also recommended approval of a performance appraisal and performance incentives, which he presented to the Commission in detail. The proposed appraisal and performance procedure would hold each employee more accountable for the results of his appraisal. It would also equalize any inequities in incentives within the department, and provide a means to recognize those employees who are at the maximum of their pay scale. [Mayor Dale left the meeting. ] The Commission concurred to approve the concept and have Mr. Denaro and the City Manager work on specific figures and g718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 567 April 26 19 99 Mayfair Golf Course irrieation system maintenance. Catherine Reischmann, Assistant City Attorney, reported the City had discussed terminating the irrigation contract of 1988, and the maintenance agreement of 1997 to reduce expenses. She reported the maintenance contract could be terminated, possibly putting the maintenance of the irrigation system out to bid. Attorney Reischmann reported the City could attempt to challenge the Constitutionality of the agreements, stating they are more for private than public benefit, and include this in the counter-suit of the Mayfair lawsuit. The City Attorney' s office recommends it would be prudent to proceed to advertise for bids on the maintenance expenses at the same time as attempting to void the agreements in the Courts and the Commission concurred. Attorney Reischmann further reported an additional demand letter that was sent to Mayfair has been filed, to include other kinds of defaults beyond the rent. It will probably be the end of May before all the discovery is received. Strategic Plan. City Manager VanDerworp distributed a copy of a report of results from the February Strategic Planning Meeting. He reported the report included the four goals and the four actions which were proposed. Also included are actions to make the Strategic Plan, financiaI reports and newsletters accessible to all employees and the public; actions with respect to building partnerships; staff empowerment and accountability; programs for customer service teams and re- engineering; prioritizing City projects to set a five year work program and prioritizing projects for next years' budget. ReL, ular Agenda items. Add-on items, and other items. City Manager VanDerworp reported the request from Seminole Hope Neighborhood Advisory Council for reduced rate use of the Civic Center for a job fair has been removed from tonight' s consent agenda because the applicant has secured another location. Items included in the agenda packets included a letter regarding the Newsrack Ordinance; a letter from "Sonny" Raborn suggesting demolition of the Jaycee building, which the City Manager has asked be reviewed by the City Attomey before the City proceeds with demolition; a revised Resolution for water restrictiGns with revised times and dates; and a Utility Operation Agreement with the Sanford Airport Authority for wastewater reclamation. Commissioner Lessard requested a letter be sent to "Sonny" Raborn thanking him for his interest in the Jaycee building. Paul Moore, Utilities Director, reported according to the agreement the Airport would own any excess fill dirt left by the City. He also reported the City is making improvements at the Airport with the new wastewater plant, so rent is not being paid, but according to the FAA rules a fair market analysis must be done to determine what the rent amount is, and that would applied toward the improvements. The improvements the City is doing are about $12 million, and the present 30 year lease is about $2.5 million, so for at least ninety years, or longer, the City should not have to pay rent. City Manager VanDerworp reported information received included a notice of a permit for an event using a loud speaker, a notice for the 1 st Annual Employee Appreciation Luncheon (which the Commissioners were invited to attend), a ribbon cutting on April 291h for 2nd Street, and a letter from Timothy Hudson asking for support from the Commission for a Hope Six Application to enable the demolishing of some Sanford Housing Authority property, and rebuilding it. The Commission concurred to authorize the Mayor to sign a letter of support to Mr. Hudson. 568 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION April 26 19-- 99 Commissioner Lessaid reported he would like to recommend Bob Kuhn for the vacancy on the Historic Preservation Board, and re-appoint Kimberly Kmett to the Code Enforcement Board. Commissioner McClanahan reported he would like to re-address the Civil Service issue and look at how it existed before the major changes were made. His understanding is that the Civil Service is now null and void as far as having any Civil Service protection for employees. He is going to review the discussion at the time the changes were made and bring it up for further discussion if he feels it is needed. Also, City Manager VanDerworp reported he would meet with Commissioner McClanahan to discuss how the new system is working. Commissioner Lessard reported every City employee still has protection; it takes four City Commissioners to uphold a termination that is appealed, or any other disciplinary action that has gone through the City Manager and comes before the Commission. Commissioner McClanahan asked what the function of the Civil Service Board is now, and Commissioner Williams reported it is an advisory board. Commissioner McClanahan also reported City Hall should stay downtown, and it should really stay on the lakefront. There is 2.19 acres available, plus the street right-of-way, for a total of about 3 acres, that is adjacent to the current City Hall property, and he doesn't understand why, if the County wants and needs this buil'ding, they can't build a comparable structure on those 3 acres and exchange keys. He is concerned about cost overruns on construction of government structures. The appraisal on this land is about $8.00 a sq. ft. on the lakefront, and land on SR 46 has sold for $22.00 an acre with no lakefront. He is concemed with the liability that the taxpayers of Sanford are going to end up with to change buildings. Commissioner Lessard reported City Hall does not necessarily have to be built, there are other options. Commissioner McClanahan reported City Hall needs to be owned by the City. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 569 26 1999 The City Commission of the City of Sanford, Florida met in Regular Meeting on April 26, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentations. Mayor Dale and Acting ChiefBronson presented Certificates of Appreciation to Joyce Fagan, Police Communications Operator; Officer Allan McCoy and Officer Kevin Moss for their performance and professionalism regarding a homicide and a suicide threat. Each was presented a certificate after it was read. Citizen participation. Scott Singcisen, 203 East l 0th Street, Chairman of the Historic Preservation Board, reported concern that upon appeal by the applicant the City Commission overturned the Historic Preservation Board's denial of use of plexiglass instead of glass in the windows of a structure in the Historic District. He reported the Historic Preservation Board was following their standard guidelines when denying the citizen's request to use plexiglass, and he feels the City is diminishing the City's historic preservation standards by allowing one person to use a material that no other person was allowed to use. He reported the Commission should rescind its decision and uphold the Historic Preservation Board's denial of inappropriate glazing materials. He requested the Commission revisit this issue in two weeks. Commissioner Lessard reported the Commission can only use the minutes as they are presented at the time of an appeal. City Attorney Colbert reported it may use the record, which includes the minutes, staff presentations, and material found in the packet. Commissioner Lessard reported the Historic District is now at a point where it can graduate to the next level, and a representativ~ of the Commission needs to attend a Historic Preservation Board Meeting and work with them to find out what they see for the future in the Historic D/strict, and then report back to the Commission. Mayor Dale reported he felt the Commission had made a mistake in allowing the use of the plexiglass because it sets a precedence. He does not feel this should be the standard. place since historically it was an open or screened porch. He questioned why the porch was being enclosed in the first Mr. Singeisen reported the enclosed porch was a precedence that the Historic Preservation Board set by a split vote. Mayor Dale requested a representative of the Historic Preservation Board be present at appeals of the Historic Preservation Board actions to answer questions and explain the Board' s position. Mr. Singeisen reported he was present at the Appeal Hearing but did not ask to speak because he was unsure if it was appropriate for him to do so. A representative of the Sanford Woman's Club extended an invitation to the Commission to an Art Show and desserts, and a program on Historic Sanford with a fashion show, and presentation of Certificates of Appreciation. The event will be May 14, at 6:00 p.m., with tickets available from club members at $12.00 each. Doreen Freeman, 705 Mellonville Avenue, reported she never got the first door hanger distributed regarding garbage pickup, and she implored the Commission, if door hangers are used, to make sure they get to the doors, and maybe 570 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING ADril 26 19 99 publish in the newspaper what day they will be put on the doors so if someone does not receive a hanger they could pick one up at City Hall. Also, she hopes that the Commission will maintain the same price and, same service for the garbage pick-up. She also feels that when someone drops garbage or junk on another persons property, that property owner should not be responsible for paying to have someone else' s garbage or junk hauled away. Ms. Freeman also reported that two weeks ago she was mugged at her front door, and since then she has been very concerned about police protection. In the same time period that Sterling Woods was patrolled 39 times, the area she lives in (Mayfair) was patrolled 11 times. Out of that 11 times there was one strong-arm robbery (her), one shooting, one battery, one disturbance, six alarms, and one information. She reported there is something wrong with this ratio, and more patrols are needed in the more populated areas. She no longer feels secure in Sanford. Mayor Dale clarified that those were 11 specific calls for service compared to 39 times of area patrol. Acting ChiefBronson reported the 11 calls to Mayfair were calls for service, and an area patrol was not ordered for the Mayfair area or Ms. Freeman's house. However, patrols have increased in that area of the City, and Mellonville Avenue is a major thoroughfare through the City with patrol officers patrolling in that area and in that neighborhood. The area patrols in Ste~ing Woods were just drive through patrols, not specific calls. Commissioner Eckstein reported there also needs to be more patrolling of the Marina area. Acting Chief Bronson reported he would see that the Marina patrol is increased. Debra Wynn of Sanford asked about strengthening the tree ordinance, specifically around Highway 46. Also, she would like preservation of the Lake Monroe lakefront land similar to the Spring Hammock Preserves. Mayor Dale reported Spring Hammock was actually bought by the State and set aside as a preserve. Further, he has been involved over the years in some programs for the State to buy some of those wetlands, but the State has not bought them yet, and some of the land was sold for private interest. Efforts will continue to try to get the State to buy the remaining wetlands. Ms. Wynn questioned the clearing that was done on the 55 acres on Highway 46 across from Page School. She reported Mr. Ball was fined $20.00 an acre because he did not have a permit, but it was her understanding that the City was trying to strengthen the tree ordinance, and she doesn't see any evidence of that happening. Mayor Dale reported the City is trying to strengthen the Gateway Corridor on SR 46 to make it more aesthetically pleasing as it is developed, but one of the problems is that the property along SR 46 is lower than the road, so it is hard to preserve. Replacement of trees is required when they are removed because of building placement. Ms. Wynn reported the 55 acres previously discussed was cleared in January, and no tree replacement has taken place. Mayor Dale reported those trees will be replaced as the land is developed, and there are already site plans being submitted that address the replacement of the trees. Art Harris, 1108 Grove Manor Drive, reported the land up and down SR 46 has always been farm land. Everything that is there, with the exception of just west of White Cedar Road, was cleared and used for farm land, so what is there is just trash and scrubs and it wouldn't hurt for it to be gone. Also, regarding the trash pick-up, all the trees and yard waste has always been picked up by the City, and it should still be picked up. If a company is hired to cut the tree, then the tree company should haul it away, but if the property owner does the work, the City should be expected to pick it up. He reported FRS knew when they took over the Solid Waste pick-up that the City had always picked up trees, carpet, etc., and what kind of service the citizens expected, and now they are complaining about having to provide that service: Mr. Harris reported he had to call three times to have his garbage picked up in his side yard. Also, he had four five.foot. bundles of plants, each tied with rope, which he put by the road. He had to call FRS, after they had passed:By four times, E718672 MINUTES City Commission, Sanford, Horida 7:00 P.M. REGULAR MEETING April 26 19 99 to get someone to pick up the bundles. Mayor Dale reported FRS did not complain, but this issue was put on the agenda to clarify what constituted four pick-ups a year of bulk trash, and what the Ordinance required FRS to pick up. His concern was the large trees, not cut down by the owner, which would require heavy equipment to haul away, and which the City had always hauled in the past. Mayor Dale didn't feel that the taxpayers should have to pay for trees, or other debris that had been put in the right-of-way by a contractor because the contractor did not want to haul it away. Linda Kuhn, Executive Director of Sanford Main Street, reported there will be a major clean-up in the downtown Historic District this weekend. She reported she would like to see all the Commissioners helping to pick up trash in the downtown area on Saturday and Sunday. She also thanked the Commission for all the positive work they are doing in cleaning up the City, with the trash collection, the newsrack issue, etc. She reported that new trash receptacles could be used downtown. Ms. Kuhn also "unveiled" new banners for downtown Sanford. These banners will be hung, by the end of May, from all of the light poles in the downtown area and this will improve the appearance of downtown. Tyrone Alexander reported, regarding Grove Counseling, the Commission has evidently made its mind up what it's going to do, however, he wants to go back in a year's time and be able to point out what has transpired. He commended the City for resurfacing 16th Street, however, the manholes need to be raised. The gas people have infractions in the road and it's the same way. He would like the City to take into consideration Goldsboro School on 16th and Mangoustine. The road is now four inches above the sidewalk and when it rains the kids wade in water to school. The City needs to see what can be done about the poor drainage. There are ditches on the north side of 16th Street, and at the comer of 16th and Mulberry, but there is nowhere for the water to go, because of the trash in Mills Creek. Old concrete is plugging up the drain pipe. A crew looked at it and dug but could not find the pipe. He reported he has been in that area for fifty years and he knows there is a pipe there, but it is so embedded with old concrete and what have you that the water can't drain off. Rob Crews, representing Aero Products, a subsidiary of American LaFrance, a subsidiary of Freightliner, a subsidiary of Daimler Chrysler Corporation, reported Aero Products would like to expand its business, but there is an ed~aployee shortage in Sanford. The City needs to come up with a plan to help attract employees to Sanford. Mayor Dale presented a plaque to Commissioner McClanahan in appreciation for serving on the Planning and Zoning Commission. Approval of minutes. Commissioner McClanahan moved to approve the minutes of the April 6, 1999 Special Meeting and the April 12, 1999 Work Session. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: reflect '- re: The Hamlet Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams moved to approve the minutes of the April 12, 1999 Regular Meeting, amended to the Oasis apartment complex, Phase I, was 'approved for 150 units on 16.5 acres; that Oasis Phase III had a retention area that faced on Brisson Avenue and acted as open space; E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 19-- 99 that a setback of 90 feet from the cente~ine is required on Brisson Avenue; that Mayor Dale asked if a screen wall is shown on The Hamlet plan; that the approved Oasis plan shows access off of Celery Avenue with two-way access to the apartment complex, Phase I, and The Hamlet shows only one way in and out of the proposed 240 units creating a bottleneck by Tract M; the Land Development Regulations require a maximum building height of 35 feet and The Hamlet is requesting 44.17 feet at the medium height; - the Land Development Regulations require landscape buffers/landscape walls, handicap parking requirements, 30% open space, and paved recreational vehicle storage in the multi-family area, and none are shown; - also, no entrance feature is shown re: The Grove - that Commissioner Lessard stated the impact on the fire department will be lessened because of The Grove's renovation of their facility; and the Acting Police Chief stated policing issues should remain about the same; re: LIHEAP - that Mr. Rowe had no statistics to support his statement that the majority of the people the LIHEAP program serves are inside the city limits; that he instead used empirical and intuitive data to reach that conclusion. 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 McClanahan Aye Public Hearine and second reading of Ordinance No. 3471 re: Gateway Corridor Development Districts. Ad published April 15, 1999. Ordinance No. 3471 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3471. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved to adopt Ordinance No. 3471, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; SAID AMENDMENTS ADDING SCHEDULE U, GATEWAY CORRIDOR DEVELOPMENT DISTRICTS FOR LAKE MARY BOULEVARD AND WEST STATE ROAD 46; AMENDING ARTICLE II, "LAND USE, ZONING AND PERFORMANCE CRITERIA," BY ADDING SECTION 2.15, ENTITLED "GATEWAY CORRIDOR DEVELOPMENT DISTRICTS"; AMENDING SCHEDULE K OF THE LAND DEVELOPMENT REGULATIONS BY DELETING PARAGRAPH G.4.C OF SECTION 3.0, ENTITLED "SIGNS IDENTIFYING ACTIVITY CONDUCTED ON PREMISES"; AMENDING SCHEDULE K BY DELETING SECTION 3.6, ENTITLED "LAKE MARY BOULEVARD"; PROVIDING FOR SEVERABILITY, CONFLICTS, INCLUSION INTO THE LAND DEVELOPMENT REGULATIONS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 19 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearing and second reading of Ordinance No. 3473. to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan, and chanl~in~ the desil~nation of property lyin~ between 4th Street and 5th Street and between Poplar Avenue and Pecan Avenue (401 Pecan Avenue) from Industrial to High Density Residential-20. Ad published April 15, 1999. Ordinance No. 3473 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3473. Larry Visser, President of the Grove Counseling Center, reported the Grove Counseling Center has two facilities on the same property in Winter Springs, one is a level 6 juvenile justice facility, such as the one being proposed for Sanford, and it is a 22 bed facility. The second one in Winter Springs is a 28 bed facility that is a substance abuse treatment program funded under a different funding source and more of a voluntary community based type program. The proposed Center in Sanford would have 32 beds. He explained level 6 is a moderate risk facility under the definition by the Department of juvenile Justice, and it is considered staff secure, which means the youth housed there are under 24 hour eyesight supervision by staff, but they are not required to be under lock and key. It is not required to be a lock down facility but there is a fence that will help to control the population. The people that will be sent there are court ordered, and if they leave the property without authorization it is considered an escape and they are re-arrested and brought before the judge. The moderate risk designation indicates the youth are not considered to be a significant risk to public safety, they are youth that have committed mainly property crimes and drug offenses, but not violent offenses. A level 8 facility is a higher risk facility and is required to be a lock down facility. Mayor Dale asked if Mr. Visser could estimate how many police calls were received from the facility in Winter Springs over the last 2 ½ years, and Mr. Visser reported he could not even guess, but they have a number of things that they are required to report to law enforcement, and they see the police on a regular basis, by Juvenile Justice standards and regulations. The Sanford Police Department would be responsible for responding to any police calls at the proposed facility in Sanford. Linda Kulm, an employee of the Office of the State Attorney for 21 years, reported a level 6 facility houses juveniles who have offended over and over and over. The juvenile justice system in this state does not sta~w~k~ng with juveniles until they have been before the Court numerous times. Even though this is not considered a lock down facility, ~ the children are there because there is no other way to control their behavior, and they will become a problem in this community. They will progress from a Juvenile System into our Felony System as adults, very quickly. Tyrone Alexander reported he lives in Goldsboro, and everything has been reiterated and said over and over again about the City of Sanford. He hopes the Commission has taken under consideration the Grove Counseling Center is not going in the City of Sanford, it is going in Goldsboro, and he lives in Goldsboro. The Goldsboro area has enough problems without putting a lock down for troubled kids there. He is sure there is enough land in other areas of Seminole County that would be comparable to what they need. He is knowledgeable enough to know that the reason they are really after this place is because it is a predominately bad area. A manufacturer has gone out of business, and the building is sitting empty and can be gotten cheap. As far as the Grove Counseling is concerned, he believes it is a good thing, E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 99 troubled kids need to be locked up, but don't need to be dumped in his neighborhood. He reported all of the Commissioners are aware of the Goldsboro situation, along with the Police Department, and he asked if it is a tax paying entity. (Mayor Dale answered, "no. ") Mr. Alexander reported it will be an additional service and a tax burden on the people who presently live in the City of Sanford, plus the biggest problem in the world in the Goldsboro area, which needs to be cleaned up. He reported it is not right to put a facility of this nature in a residential area; it's not right to do the citizens that way. If it's not a lock-down, can the kids go and come when they get ready? No. If they escape from the place it's a burden on the Police Department, which means that it puts a burden on the tax payers. Larry Visser reported these are troubled youth and they have committed a number of offenses by the time they get to Grove Counseling, but the Center does have an opportunity to help them before they become adult offenders and make a career out of it. They turn around many lives in their facility, and in facilities like them. Data regarding re-arrest and re-commitment rates show 60% to 70% of the youth do not come back into the system. The police calls to the facility for escapes are very few, mostly for problems within the facility, and although it does have an impact on the Police Department the impact on the community is minimal. In Winter Springs last year there were 4 escapes with a total of 50 beds. This facility can be an asset to the community in having a police sub-station, and sharing space for vocational training, community meeting facilities, etc., and it can be a solution rather than the cause of problems. Doreen Freeman, 705 Mellonville Avenue, reported these are troubled youths, and it takes a community to raise a child. This facility is going to be in somebody's back yard, and if this is where they feel they can serve the best, then Sanford as a community needs to support it. Today's troubled youth is going to be tomorrow' s criminal if they are not helped now, and maybe the situation can be reversed at the youth level. She supports the Counseling Center, even if it were to be put on Mellonville Avenue. A gentlemen reported for a number of years he has been on the Health and Human Service Board, which is a Board of fifteen appointed by the County Commissions and the Governor, for four counties. This Board used to oversee the action of HRS before the Juvenile Justice was separated from it. He observed the Crrove's work during his years on the Board. He also is Chairman of the Department of Children and Families for the four counties, which Board also monitors what the Grove does. He reported the Grove has very professional staff and they are a very professional organization, and he recommends them to the City. Ulyses Brown who lives in Goldsboro reported he is puzzled how so many experts on helping teenagers are speaking so eloquently about the Grove, and how so much is being done in the community. About a mile from where the Grove would be located is another facility that is helping troubled youth, a lock down facility. On Avocado and 1 lth Street is another facility where troubled people are brought in to be helped. Now a sub-station is going to be brought in to help the area, which iS probably good. These young people probably do need help, but the impact of what is taking place is in his back yard. It is easy for someone to speak eloquently about something that is going to generate a salary for them, because it is not in that person's back yard. He is likean absentee landlord, he,:~mes in, does his job and leaves. But Mr. Brown is there every day and he is against the program because he'does not see the kind of benefits that are being advocated. Recycling people back into the co/mm,~mitylhas be~e~ g0jng on for years, and it never has been shown to be as constructive as what is being shown here. A, , !sO?: .,.lyle, ;:;,f~K§~.~,;. · ,%W~/9/le ,, Ojrganization and he fears young people, because if they say they are going to do something, they will do it. A se~ven~9f ~e~n ,fOp/tj~e W,i,!,l not keep a person from taking aggressive E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 575 26 19 99 action if that person has the initiative to do it. If the Commission cares about Goldsboro, as he believes it does, then they need to show they care about the concerns of a resident who has been there 60 plus years. It talks about the impact of jobs in the area, but what about the benefits to the community as a whole, how would it impact on anyone who lives anywhere in the area? Who wants to live, and be safe and feel secure, in close proximity to a place of this nature? He doesn't believe that the Commissioners would want this facility in their back yard. Mr. Visser reported he does not feel that they fall into the category of an absentee landlord, this will be a facility that is staffed 24 hours a day, and highly monitored. It will have some strong benefits on the economy of the community because of the programs set up and the jobs it will create. People are quick to look at the types of kids that will be in the facility, but they must realize it takes that many more of those types of kids off the streets and away from unsupervised situations. Right now, in the district, there are about two hundred kids on a waiting list for this type of facility, and they have no facility to go to, and so they are out on the street without supervision. Also, last year the Legislature appropriated about $1.1 million for the Grove Center to acquire and build and renovate a facility for this purpose, and they have spent the last year looking for a property. This is the first time they have come before a Commission and applied for zoning because they found a location they felt was suitable. They have until December of this year to finish this project, or the money goes back to the Legislature. This year the Legislature awarded a little over $1 million a year to operate the facility, so there are ongoing operating funds. If they don't build the facility, they don't get the operating funds. That is a lot of money at stake to help the community and the kids, that may be lost. Commissioner McClanahan reported it is a tough call to evaluate one against the other, but Mr. Bisser has been in this business for twenty years, and there is no one more dedicated in improving the lives of youth. Commissioner McClanahan heard the same types of arguments when he sat on a Board trying to get zoning for group homes, assisted living facilities and senior citizens facilities. Nobody wanted them in their neighborhood. He doesn't feel that the negative impact of the Grove is going to be that great. Mayor Dale closed the Public Hearing. Commissioner Lessard reported he has no doubt what the Orove is trying to do is the right thing to do, and he respects the administrators from the Grove, but he doesn't think the Goldsboro area is conducive to this type of facility. Commissioner Williams reported she can understand the fears, concerns and apprehensions the citizens on the west side of town might have, and she does realize there are some negatives, however she sees more positives than negatives. She supports it, based on comments from citizens, and because the place has been idle for years, and the money that will be spent there will improve the area tremendously. The possibility of vocational opportunities for the residents of the facility, as well as other youth and young adults from the community, is a plus. Also, the employment and training. oppommities is a plus, and the offer of space for a police sub-station for more visibility is a plus. The mere fact that the youth will be under 24 hour supervision relieves her fears that the youth will escape, although some might. There is no record that facilities of this type have a tremendously negative impact on the communities in which they are located. Commissioner Eckstein reported if 200 families in Heathrow had 200 kids waiting to get drug counseling or help they would put a center in their own neighborhood to get those 200 kids the help they needed. On recommendation of the City Manager, Commissioner Williams moved to adopt Ordinance No. 3473, entitled: 576 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 99 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN FOURTH STREET AND FIFTH STREET AND BETWEEN POPLAR AVENUE AND PECAN AVENUE FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL-20; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Public Hearing and second reading of Ordinance No. 3474 to rezone a portion of that certain property lying between 4th Street and 5th Street and between Poplar Avenue and Pecan Avenue (401 Pecan Avenue) from RI-1 (Restricted Industrial) to MR-3 (Multiple Family Residential). Ad published April 15, 1999. Ordinance No. 3474 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3474. Larry Visser, President of Grove Counseling Center, reported the Grove Center welcomes the support of the Commission for all the reasons stated at this meeting and the meeting of April 12, 1999. On recommendation of the City Manager, Commissioner Eckstein moved to adopt Ordinance No. 3474, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN FOURTH STREET AND FIFTH STREET AND BETWEEN POPLAR AVENUE AND PECAN AVENUE FROM RI-1, RESTRICTED INDUSTRIAL, TO MR03, MULTIPLE FAMILY RESIDENTIAL; 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 Nay Commissioner McClanahan Aye Mayor Dale reported he will submit a transmithal letter to DCA for their comments, and they will come back with an ORC report. The Commission will have to file an adoption hearing and the DCA will find it either in compliance or non-compliance, and the Commission will move forward from there. The rezoning will be subject to the Comprehensive Plan approval. [Commissioner McClanahan left the meeting.] Public Hearing and second reading of Ordinance No. 3476 to annex approximately .53 acres of property lying between Sarita Street and Osceola Drive and between Mohawk Avenue extended northerly and Marshall Avenue 713 Briarcliffe Street and 714 Briarcliffe Street. Ad published April 15 & 22, 1999. Ordinance No. 3476 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3476. No one appeared. On recommendation of the City Manager, Commissioner Eckstein moved to adopt Ordinance No. 3476, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, PORTIONS OF THAT CERTAIN PROPERTY LYING BETWEEN SARITA STREET AND OSCEOLA DRIVE AND BETWEEN MOHAWK AVENUE EXTENDED NORTHERLY AND MARSHALL AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA .qT ATI ITF.q- PI~C}VIDINIG FC}I~ .qFVFR ARII JTY CO NFFI .ICTR AND F, FFE, C, TIVV, DATF, E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 577 April 26 99 19-- Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willisins Aye Commissioner Lessard Aye Mayor Dale recessed the meeting for about 15 minutes, then reconvened it. [Commissioner McClanahan present.] Public Hearing and first reading of Ordinance No. 3477 to vacate Woodson Avenue between Cherokee Circle and U.S. Highway 1792. Ad published April 8, 1999, abutting owners notified April 2, 1999, property posted April 12, 1999. Ordinance No. 3477 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3477. Meredith Harper, an attorney with Shutts and Bowen, and representative for the applicant Michael Nortman, reported this site is located east of 17-92 and a few hundred yards south of Lake Mary Boulevard. Mr. Nortman had applied for a Conditional Use permit in the fall of 1998, to allow for a multi-family project on this site. The owner of the property is not certain how he wants to develop it, whether it will be multi-family or commercial. The owner would like to upgrade the portion of Woodson Avenue that is located close to 17-92 by maybe adding a median in the middle, considerable landscaping and maybe an entry feature. Mr. Nortman has worked with the utility companies to determine the location of their facilities, and has agreed to provide easements over the portions that encompass their facilities. There are two properties (Colorado Steakhouse and U-Haul) along 17-92 that use a portion of Woodson Avenue for access to their sites, and they have worked with both of those property owners to agree to provide those owners with an ingress/ egress easement so they can continue to use the roadway for access. She has seen the recommendations from Staff and reported Mr. Nortman concurs with the recommendations and the conditions they have imposed. City Attomey Colbert reported the Commission has an Ordinance tonight for first reading to vacate, and the Staff has recommended the dedication of a twenty foot easement, and also the need to maintain the vacated area. The applicant has agreed to those conditions. The easement will need to come to the Commission as a separate document because it is not part of that piece actually being vacated. This easement will be available for the Commission before the second reading of the Ordinance to vacate. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3477, including Staff recommendations, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF WOODSON AVENUE BETWEEN LAKE MARY BOULEVARD EAST AND FAIRMONT DRIVE EXTENDED EASTERLY AND BETWEEN CHEROKEE CIRCLE EXTENDED NORTHERLY AND HWY. 17-92; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Staff recommendations include: 1 ) Dedication of twenty (20) foot exclusive City of Sanford services easement along the north side of the existing right-of-way for existing utilities; and 2) Properly maintain the vacated right-of-way land area, i.e. regularly mow and keep area clean of garbage and debris. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 578 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 ]9-- 99 Mayor-Cornmissioner Date Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Inoperable/Untageed vehicles -- time extension requests. On recommendation of Charles Rowe, Community Development Director, Commissioner Eckstein moved to authorize extensions until May 26, 1999 for three vehicles at 100 Drew Avenue and one vehicle at 108 West 18th Street. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3472 to annex .82 acres lyin8 between 261h Street and 271h Street and between Palmetto Avenue and Sanford Avenue. Mohamad Sami Kazma, owner. Ordinance No. 3472 was read by title. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3472, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN 26TH STREET AND 27TH STREET AND BETWEEN PALMETTO AVENUE AND SANFORD AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND 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 McClanahan Aye First readin8 of Ordinance No. 3475 to annex .692 acres lying between Sweet Gum Court extended easterly and Lake Mary Blvd. and between U.S. Hwy. 17-92 and Live Oak Blvd. Sandefur and Associates, Inc. Owner. Ordinance No. 3475 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3475, entitled. AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND LIVE OAK BOULEVARD; IN .ACCORDANCE WITH ~ VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3478 re: newsrack regulations. Mayor Dale reported it was decided at today's work session to table this Ordinance. Commissioner McClanahan moved to table this Ordinance until May 24, 1999. Seconded by Commissioner Eckstein and carried by vote E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 579 April 26 19 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1813. re: potable and reclaimed water restrictions for the City of Sanford Utility Department customers and users. Resolution No. 1813 was read by title. On recommendation of the City Manager Commissioner Eckstein moved to adopt Resolution No. 1813, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA PROVIDING FOR ADOPTION OF POLICIES AND PROCEDURES FOR THE IMPLEMENTATION OF POTABLE AND RECLAIMED WATER RESTRICTIONS FOR THE CITY OF SANFORD UTILITY DEPARTMENT CUSTOMERS AND USERS. Seconded by Commissioner Williams. Commissioner Eckstein reported Mayfair should have first preference to reclaimed water. Mr. Daniels, a representative of the Golf Course, reported that because there has been no rain the Golf Course is under catastrophic conditions. He asked if the City of Sanford sold reclaimed water to Lake Mary, who in turn sold it to Timacuan. Paul Moore, Utilities Director, reported that years ago the City of Sanford did pay Lake Mary to take some reclaimed water. Commissioner Eckstein reported that the City of Sanford paid Lake Mary $2.25 million plus a quarter of a million dollars for the piping for twenty-five years. Commissioner McClanahan reported that this was done because it was difficult to get people to take the reclaimed water, and there was $8 million in grants involved. Mr. Daniels reported that the golf course is an asset to the tax payers of Sanford, and Mayfair never received any money for taking the reclaimed water, but it should be kept looking nice at all times. Mayfair should be getting more water than Timacuan. The Commission concurred to provide more water to Mayfair if the City Attomey finds it is legally appropriate to do so. The motion was carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Approve Right-of-Way use agreement with Sanford Crisis Pregnancy Center. 1002 French Avenue. for a portion of the 10 th Street Riffht-Of-Way. Per request of Mayor Dale, Commissioner Lessard moved to table this agreement for further review and a report from Staff. 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 McClanahan Aye Mayor Dale reported, in the future, he would like more information on this type of request when it comes to the Commission. Authorize transfer of $31.665.00 from City Manaeer's Contineency Fund for engineering services provided by Scott Partnership on the Historic Sanford Memorial Stadium project. City Manager VanDerworp reported services were identified above and beyond the original mount that was dedicated for the project, so the request is based on the need to continue these services. Mike Kirby, Recreation 580 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 19 99 Director reported the services included civil engineering, drainage permitting, environmental survey, testing, and geotechnical exploration. Commissioner Eckstein moved to transfer $31,665.00 from the City Manager's Contingency Fund for engineering services. Approve OSA Police Agreement. Authority. 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 McClanahan Aye Commissioner McClanahan moved to approve the OSA Police Agreement with the Sanford Airport 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 McClanahan Aye Approve Utility Service Agreement with the Sanford Airport Authority involving leasing 20 acres from the Airport for a wastewater treatment plant site. Paul Moore, Utility Director, reported the City has been trying to lease at least 20 acres from the Airport for a new wastewater treatment plant, but it will need FAA approval. The approval has not been received, but it is close. The City is spending a considerable amount of money .on .this project which will benefit the Airport and the surrounding area. This is a thirty year lease with renewable options. The market value will be credited against the improvements the City makes, so there is no out-of-pocket money for several years. City Attorney Colbert reported his firm has been working with Mr. Coovet of the Airport Authority, and all parties believe the agreement is in an acceptable legal format, but there still may be some comment from FAA. Mayor Dale reported, if there were no objections, he would call in the morning and tell them the Commission has approved the Agreement, and ask them what their comments are on it Commissioner Willjams moved to approve the Utility Service Agreement with the Sanford Airport Authority. 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 McClanahan Aye Board appointments/reappointments. Code Enforcement Board. The City Clerk reported Kimberly Kmett's term expires June 30, 1999. Commissioner Lessard moved to reappoint Kimberly Kmett. 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 McClanahan Aye Historic Preservation Board. The City Clerk reported Laura Sollien resigned effective March l l, 1999. Commissioner Lessard moved to appoint Bob Kuhn to replace Laura Sollien. Seconded by Commissioner Williams and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 581 26 19 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Board of Adjustment. Commissioner McClanahan reported a letter of resignation from the Board of Adjustment has been received from Carol Dennison, and an application for the Board of Adjustment has been received from Barbara Knowles. Commissioner WilIiams moved to appoint Barbara Knowles to the Board of Adjustment. 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 McClanahan Aye The Commission discussed future appointments to the Airport Authority Board and where the appointees would be from, and what their professions should be. Also, whether or not a member should remain on a board just because of longevity on that board. Consent Agenda. City Manager VanDerworp reported that the request from Seminole Hope Neighborhood Advisory Council for free use of the Civic Center has been canceled due to them obtaining an alternative facility. Commissioner Lessard requested a separate vote to authorize payment from reserves for the Sanford Gasification Plant "trust account". On recommendation of the City Manager, Commissioner Eckstein moved as follows: A. Accept bid from lowest bidder for each section, in various amounts as listed on the Utility Director's memo, for Bid #IFB98/99-10 Utility Operations Materials. B. Approve change Order #2 (Final) with Maxwell Construction in the amount of$111,186.29 which includes additional work items in the amount of $48,206.79 and adjustment of final quantifies in the amount of $62,979.50. The final contract price would be $1,891,081.95. C. Authorize-inclusion of Central Park Place from Central Park Drive to Tech Drive in the list of streets approved for base restoration and asphalt overlay at an approximate cost of $12,047.00 for base work, and $11,500.00 for asphalt, for a total of $23,547.00. D. Approve street closure of Tenth Street from east of the Mulberry Avenue intersection to west of the Olive Avenue intersection on Saturday, May 1, 1999 from 10:00 a.m. to 3:00 p.m., in conjunction with the Sanford Housing Authority's Spring Festival. E. Approve street closure of First Street from east of Oak Avenue intersection to west of the Palmetto Avenue intersection on the third Saturday evening each month through September, from 6:00 p.m. to 10:00 p.m., in conjunction with the Main Street Cruise special events (previously Friday Fest). F. Approve budget amendment in amount of $32,275.00 from reserves to pay Florida Environmental Assessments, Inc. G. Approve wage and salary survey by DMG in amount of $8,500.00. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 582 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 19-- 99 Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Authorize payment of $37,500.00 from reserves to Rivero, Gordimer & Company. P.A. for the Sanford Gasification Plant "trust account". Commissioner Lessard reported it is not the responsibility of the City of Sanford to clean up the Gasification Plant. He understands the law but he feels the Courts will eventually exonerate his position and overturn that law. Mayor Dale reported he agrees in theory, but the City of Sanford is responsible because it is in the chain of title. Commissioner McClanahan moved to authorize payment of $37,500.00 from reserves to Rivero, Gordimer & Company, P.A. for the Sanford Gasi~cation Plant "trust account". 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 Nay Commissioner McClanahan Aye Add-on items. None. City Attorney's Report. B, C, D, City Attorney Colbert reported there was a hearing in the Sentinel Communications suit against the City that was brought under the Public Records Act. The Sentinel was requesting the release of tape recordings made by the Police Department, and the City, the State Attorney's Office and the Public Defenders' Office took the position that due to the nature of the tape it was not part of the public records. Attorney Catherine Reischmann from Attomey Colbert's office submitted a legal memorandum to the Court and Judge Lester ruled in favor of the City's position. The Society for the Preservation of Fort Mellon Park reilled its Petition with the Department of Community Affairs. The Department of Community Affairs has referred that Petition to the Department of Administrative Hearings for further action. There is nothing that the City needs to do right now, but the City Attomey's office will respond when it is appropriate to do so, and will be advised by the Department of Administrative Hearings on the Petition. The City Attorney's office will keep the Commission informed. City Attomey Colbert reported regarding the Golf Course, the law firm of Gray, Harris and Robinson has withdrawn as co-counsel in representing the City, and the City Attorney's office is in the process of reviewing potential for additional co-counsel. At a later time the City Attorney's office will make a recommendation to the City Commission concerning the new co-counsel. Mayor Dale reported Gray, Harris and Robinson withdrew because of a potential conflict of interest. On May 4, 1999 a heating will be held regarding Gas Properties, Inc., the case regarding a fence at Park and 3rd (the old Fina station). The City Attorney will be present to argue the City's position over the Code Enforcement fine issue that relates to the case. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 583 April 26 19 99 City Clerk's Report. No report. City Manaeer's Report. A. City Manager VanDerworp reported the zoo has made a request to the City for funds for next year and that request will be put into the 1999/2000 Budget request, however, he asked for authorization to design the water system for the zoo. Staff has indicated this can be done in house. Commissioner Lessard moved to authorize the in house design of a water system for the zoo. 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 McClanahan Aye B. City Manager VanDerworp reported Public Works will be filling designated .areas along the sea wall during the first week of May. City Commissioners' Reports. A. Commissioner Eckstein - No report. B. Commissioner Williams - Reported since 16th Street was paved there has been a problem with speeding, and requested installation of speed limit signs along 16th Street, if appropriate. Also, some no passing signs are needed. C. Commissioner Lessard - Requested an update from Jay Marder on the Boardwalk and from the City Manager on the Conference Center. Mayor Dale reported he has been working on the Conference Center and Andrew VanGaale has been working on the Riverwalk, and they will have a report for the Commission. D.Commissioner McClanahan - No report. E. Mayor Dale - Reported he would like to do something in regard to the appeal of the Historic Preservation Board's denial that the City overturned. He really does not want to set a precedence for using this type of material in the Historic District. Commissioner Eckstein reported the Commission can send a message to the Historic Preservation Board that the Commission supports the integrity of having glass, if that is what the Commission wishes to do. Commissioner Lessard reported the Commission should send a representative to the Historic Preservation Board to articulate the Commission's position, and hear the HPB's position, and then report back to the Commission. Commissioner Lessard will attend a Historic Preservation Board meeting as a representative of the Commission as soon as possible and report back to the Commission. 584 E718672 City MINUTES Commission, 'Sanford, Florida 7:00 P.M. REGULAR MEETING April 26 19-- 99 There being no further business, the meeting was adjourned. Attest: City Clerk ~