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012201 ws/rm min. MINUTES 19 City Commission, Sanford, Florida 3:30 p.m. Work Session January 22, 2001 20.~ The City Commission of the City of Sanford, Florida met in Work Session on Monday, January 22, 2001, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hull, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale ,-- Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Randy Jones m City Manager Tony VanDerworp , City Clerk Janet R. Dougherty : Absent: Commissioner Whitey Eckstein City Attorney William L. Colbert The Chairman culled the meeting to order. Interview of prospective board member to Scenic Improvement Board. Donna Castellano appeared and expressed a desire to serve on the Scenic Improvement Board. She reportgd she is new to Sanford and retired from Valencia Community College in April. She was on the Holiday Home Tour, and is on the Design Committee with Main Street. She is interested in this board because she loves to garden, and she loves Touhy Park, which she lives across the street from. She would like to see the parks in Sanford maintained and the natural resources enhanced as Sanford grows. Central Examining Board applicant. Mayor Dale reported the Commission received an application from Kent Prager who wishes to represent the aluminum industry ofthe construction trade on the Central Examining Board. The City Clerk will continue to try to reach "' Mr. Prager to set up an interview with the Commission. Incentives for maintenance of Bistoric Buildings in the l)owntown Bistoric Commercial 1)istriet. City Manager VanDerworp reported when the Paulucci Building had to be demolished, he asked Staff to work with various people and agencies in the downtown area to determine what could be done to maintain the buildings downtown. Antonia Gerli, the Historic Preservation Board liaison, presented an overview of existing incentives in Florida to restore/maintain historic buildings in the downtown area which included tax exemptions, license and fees exemptions, grants and loans. [Commissioner Eckstein joined the meeting.] She ulso presented a six point recommendation to encourage the maintenance of buildings in the Downtown Historic Commercial District. Jay Martier, Director of Engineering and Planning, reported these recommendations were in concert with the Code Enforcement ,.. Division of Commnnity Development. He reported the CRA requested that the rear of the buildings where the Paulucci garage came down be cleaned up and painted, and that has been accomplished. City Manager VanDetworp reported this item is on tonight' s regular meeting agenda for action, but he would like to remove it from the regular agenda and give the Commission time to think about it and give feedback. '-- Commissioner Eckstein reported the allocation of funds for matching grants should come from CRA, not from the generul fund because the public (tax dollars) should not be subsidizing the private sector. General funds should not be used for just one area of the City. Commissioner Jones agreed. Commissioner Lessard also agreed that the CRA money belongs to, and should be used by, them. Commissioner Lessard asked that staff talk with Lee County or Pulm Beach regarding the City effecting repairs to a building, how that works anaifit holds!up to challenges. Mayor Dule reported if an Ordinance like this was adopted, there would be a 'lot Of pe6pt~ ~vanting the Cityji0 repair the private structures downtown, and the only way the liens wouldibe$11~ is if the property was sold or fol'¢~Iosed on. 2 0 MINUTES City Commission, Sanford, Florida 3:30 p.m. Work Session January 22, 2~81 Scott Singeisen of the Historic Preservation Board reported right now the business owners do not have any incentive to put money into their buildings because they do not see the results. The Historic Preservation Board believes the City cannot enforce preservation if it does not invite preservation, so these are just incentives to create some interest. Mayor Dale reported he does not have a problem with incentives, but he does have a problem with a demolition by neglect Ordinance, and the liability to the City of placing liens on buildings because of neglect, and then foreclosing on the liens. He reported the City should offer incentives and work on building codes for historic districts. Commissioner Jones reported he would like to have Ms. Ge~i look into what other cities have done successfully. Mayor Dale reported he would like the City to work toward special codes for the downtown, and then find the incentives for people to invest their money in the downtown area. After discussion the Commission concurred to have Staff work on some special codes, and to do more research and bring a more detailed proposal to the Commission. [Commissioner Lessard left the meeting briefly and returned.] Proposed Sanford Main Street facade improvement grant program with direction regarding funding sources. Walt Padgett of Sanford Main Street reported this proposal was presented to the CRA. Main Street is not coming to the City Commission for more money; when the Paulucci Building collapsed the City asked Main Street to work with the City to come up with some ways to promote the maintenance of buildings in the downtown area. He reported one of the most effective ways is the small facade grant program, which gives a big bang for the buck. It is proposed as a joint project between Main Street and the City, administered by Main Street. Bob Parsell of the CRA reported the CRA Board had voted to use CRA monies for this project, but did not know if the City wanted to expend those funds or use General Funds. Mr. Padgett reported in the last two years Main Street has given six grants of $1,000, but they would like to do eight or ten grants a year. That $6,000 seed money resulted in $25,000 in improvements downtown. City Manager VanDerworp reported this item is on tonight's regular meeting agenda for action. Bulk trash pick-ups. JoAnn Legge, Solid Waste Coordinator, recommended beginning March 5, 200 I, a procedure be implemented for city-wide cleanups four times a year for a month, with one week of that month in each quadrant of the City. Mayor Dale reported the roads and rights-of-way within Sanford are trashy. When you have four pick-ups a year of bulk trash people just continually throw trash in the rights-of-way and use it as a dump heap until somebody comes along and picks it up. Other cities do just one spring clean-up a year, but he would be willing to do two, with bulk trash out only the day it is to be picked up. If it is put out before the day of pick-up it is a violation. Mayor Dale reported dumping on the rights-of-way is a violation, and the City could make dumping illegal to the point it could issue a citation, and the person would be in contempt if they did not pay the fine, and contempt is jailable. Commissioner Williams reported the City would have to prove who had dumped on the right-of-way. Mayor Dale reported if it is in front of the property, and somebody saw the owner put it there, it is proof. Bulk trash is the responsibility of the owner, who should take it to the dump. City Manager VanDerworp rClmaecl the citation process would be much easier if people know which week each quadrant of the City will have bulk trash pi~tg-qp,, and that throwing bulk trash on the right-of-way or on private property at any other time would result in a citation. Mgy0r Dale reported littering is an offense with a $100 fine and the MINUTES ' 2 :I City Commission, Sanford, Florida 3:30 p.m. Work Session January 22, 2001 20-- police would write the citations. Commissioner Eckstein reported the Code Enforcement Division would have to be expanded because the police are not going to write citations for bulk trash. Mayor Dale reported the police will write citations because it is illegal to litter the streets of the City, and it is illegal to dump on the right-of-way. [Mayor Dale left the meeting briefly and returned.] [Commissioner Eckstein left the meeting briefly and retumed.] Commissioner Willjams suggested the City provide one City wide clean-up and then educate everyone on the four times a year pick-up. Ms. Legge reported as of December, 2000 the City had 9,150 residential customers, and only 170 of those customers had used their four flee pick-ups. Charles Rowe, Director of Community Development, reported Code Enfomement would have a hard time citing someone for dumping on the right-of-way, because Code Enfomement is for private property. After discussion City Manager VanDerworp reported he would work with the Public Works Director and Ms. Legge and bring back a more definitive proposal. Early starting time by Florida Recycling Services, Inc. JoAnn Legge reported the City's contract with FRS provides for commemial garbage collection from 5:00 a.m. to 8:00 p.m. For the first two years of the contract FRS was starting at 3:00 a.m., and there were complaints from the citizens. When she brought to the attention of a superdsor that FRS could not start pick-up until 5:00 a.m., she was told that someone has to catch them first. She went out at 2:30 in the morning and by 3:00 she had caught both commercial drivers. Chief Tooley also had his officers note when they saw the commemial drivers doing pick-ups before 5:00 a.m., and reported those incidents to Ms. Legge. FRS has been fined $2,750 so far. After meeting with Mr. Vihlen and others from FRS, the commemial drivers started at 5:00 a.m. FRS is now requesting to start at 3:00 a.m. because that is the norm in this industry. Ms. Legge contacted seven cities, several of which have contracts with FRS, and 5:00 a.m. is the earliest they are allowed to start, one city was at 7:00 a.m., and one was at 6:00 a.m. In Daytona Beach, which has a contract with FRS, they are allowed to start earlier for special events such as races, etc., but only at those times. This past week Ms. Legge has been getting complaints about the 5:00 a.m. start time because so many of the commercial locations in Sanford back up to residential areas. Mayor Dale reported he could understand not starting before 5:00 a.m. in residential areas, but no one would care if they start earlier in places like Seminole Towne Center, Northstar Business Center, etc., where there are no residents. Ms. Legge reported there are not enough customers who are not close to residences for them to start as early as 3:00 a.m., and they will not stop at 4:00 or 4:30 and wait until 5:00 a.m. to go into a residential area. Mayor Dale said they would if they were fined. Sid Vihlen of FRS reported FRS has some drivers and some administration who blatantly insubordinated both Mr. Herman and Ms. Legge and that issue has been resolved. He further reported that FRS has determined where in Sanford they could start before 5:00 a.m. and not bother anybody, which includes the mall, the airport, the co!legs, the 17- 92 coordinator from 271h Street south to the college and some small corridors such as Brevier, Aero Lane, and Airport Blvd. from Live Oak Blvd. to Ohio Avenue. IfFRS were allowed to start as early as 3:00 a.m. in these areas, and there were any complaints from residents, they would eliminate pick-ups at 3:00 a.m. in the area of complaint. The drivers would be subject to fines for abusing the start time. The Commission concurred to allow FRS to begin at 3:00 a.m. in areas that do not impact resitl~ences starting with the designated areas, with the understanding that if there were legitimate complaints the start time ~ revert back to 5:00 a.m. for that area. 2 2 MINUTES City Commission, Sanford, Florida 3:30 p.m. Work Session January 22, 2~1 Wastewater Treatment Facility - Biosolids. Mayor Dale distributed corporate information and customer and credit references. Paul Moore, Utility Director, reviewed the comparison of capital and operating costs of constructing and operating sludge treatment processes the same as those that exist at the City' s current treatment plant, with the costs of the proposed Thermo-System Unit. He reported that the current sludge treatment produces Class B sludge which has a number of use restrictions placed on it by the regulators, but the Thenno-System claims to produce Class A sludge with very few restrictions for land application. With the Thenno-System there is a better product with less capital and maintenance costs. Mr. Moore repoxted at this time the Parkson Corporation is just asking to use our property with no cost to the City, and if it works the City would go through a bid process. The Commission thanked Mr. Moore for the information. Sanford Housing Authority. Mayor Dale reported the City Manager wrote a letter on behalf of the Mayor requesting an investigation be conducted by the Sanford Housing Authority as a restfit of several reports in local media papers. Mr. Ed Blacksheare of the Housing Authority called Mayor Dale in response to the letter and agreed that there are questions that need to be answered. Mayor Dale submitted a letter from Chainnan Blacksheare dated January 22, 2001, regarding Director and Board actions being taken. Mayor Dale reported he also received some things from Housing and Urban Development which was beginning to perform reviews regardless of the news articles which were published. Mayor Dale reported the City first needs to give the Housing Authority the opportunity to do its own investigation because the oversight that the City has is to appoint the members ofthe Housing Authority. The City does not have budgetary oversight ofthe Housing Authority, has no contractual oversight, does not oversee the Staff, nor approve the contracts. However, the Commission does have the responsibility when it appoints members to the Housing Authority to make sure they uphold the laws and the rules and regulations put upon them by various grant provisions, etc. Mr. Blacksheare has assured Mayor Dale that he will look into the problem. Mayor Dale read various questions that have come to him from the press as follows: 1) What is the relationship with Tim Hudson's (the Director) business and HUD? 2 ) Did he violate any of the covenants of the grant that he received from the County? If he did, what were the violations? 3) Did he use any HUE) money and Section VIII money in that transaction? (Mr. Blacksheare reported the Housing Authority is investigating this as well as charges from the County and from HUD.) __ 4) There is an E. R. Blacksheare Foundation, and money was put into that foundation from the $800,000 for renovations and repairs to Lake Mortroe Terrace. Mayor Dale reported he talked to Mr. Niesz, the Director of HUD in Jacksonville, and Mr. Niesz said that there are certain endowments and things that can be done if it furthers oppormmties for education of low income and underprivileged students. However, they may -- have violated some of the provisions of it, like investing it in mutual funds instead of spending it within three days. Mayor Dale does not believe there was any intent to defraud or any embezzlement, they thought they had set up a legitimate foundation for the use of these funds to enhance educational opportunities of underprivileged students, and they may have to bring that foundation into compliance. MINUTES 2 3 City Commission, Sanford, Florida 20.~ 3:30 p.m. Work Session January 22, 2001 5) Does the chairman, Mr. Blacksheare, have a partnership with Mr. Hudson? This will be answered by Mr. Blacksheare. 6) What have they done with $800,000 they received for renovations and repairs? Did they use it for legal fees, and if they did, HUD says they probably can't do that unless it is in relation, so this will have to be investigated. 7) There is a law suit involving the Federal Court, and the U. S. Magistrate has asked for a ruling that they hold the Sanford Housing Authority in contempt of Court. The judge has not ruled on that yet. Mayor Dale repoxted the City Conkmission needs to be informed what that law suit is about and why they are likely to be found in contempt. What questions have been asked in that law suit that have not been answered? Mayor Dale said what he meant by asking for an investigation was for the Housing Authority to conduct an investigation, and Mr. Blacksheare has assured the Mayor the Housing Authority will do that. Commissioner Eckstein asked when they will do an investigation, and why did they miss Thursday's meeting? Mayor Dale reported the investigation will be done immediately, and he did not remember to ask Mr. Blacksheare why they missed Thursday's meeting. Commissioner Willjams reported Mr. Blacksheare has just had surgery. Commissioner Eckstein and the Mayor reported that is no reason to cancel a meeting. Mayor Dale reported HLrD has written Tim Hudson a letter confirming that a management review of the Low Income Public Housing Program and the Section VIII Rental Voucher Program managed by The Housing Authority of " the City of Sanford will be conducted beginning the week of February 5th. The purpose of the Public Housing and Section VIII review will be to conduct an on site review and assessment of the agency' s compliance with the U. S. Housing Act of 1937, annual contributions contract, HUD's requirements per Title XXIV of the Code of Federal Regulations, the Fair Housing Act Section 504, Title VI, and local and state law. The review is designed to asses problem areas in depth, verify compliance and performance for accountability monitoring purposes, and provide technical assistance. Mayor Dale reported that review should answer a lot of the questions regarding the $800,000, where it went, what is happening with the reporting procedures, etc. Commissioner Eckstein asked if the Commission wants an investigation conducted by the Sanford Housing Authority board. Mayor Dale reported that Board shotrid conduct an investigation about Mr. Hudson' s involvement with the grant program and Mr. Blacksheare's interest in the corporation. Also, the Board should investigate Mr. Hudson's involvement in his own business and whether he violated grant codes, and did he use Section VIII money to assist him. Mayor Dale reported if the Board does not want to do these investigations, then the City Commission will have to .do them. Commissioner Eckstein asked if the Commission will set a time certain for the board to me, el Mayor Dale said that is why he brought this to the Commission. Commissioner Eckstein reported if the City Commission appoints four m of the five Board members, it is inexcusable that they have no comment to the press. Even if the chairmlUT~,,i~.~i, someone needs to respond. Mayor Dale reported he has a copy of a letter to Chairman Blacksheare from John Niesz (HUIE~$11il~: This letter notifies you that we have not received the PHA Plan ..............that was due in our office for review December 18, 2000 and was required to be approved by November 30, for fiscal year ending June 30. All fiscal 2000 are required to be approved no later than December 30. PHA has failed to provide HUD with an approved PHA plan by th~ 2 4 MINUTES City Commission, Sanford, Florida 3:30 p.m. Work SessionJanuary 22, 2~1 deadline. The agency's failure to provide the PHA Plan for approval places the agency in a position where HUD may impose sanctions for failure to submit an approveable plan. Mayor Dale reported there is the question of why proper reports are not being submitted and why proper oversight is not being provided. Mayor Dale reported first the Commission needs to find out the answers to the questions to all of these things, then decide if it needs to have some training sessions on what proper oversight is, and what accountability is, and what they can be held accotmtable for. City Manager VanDerworp reported HUD is the appropriate agency to find the answers to all of these questions, including the City Attorney helping on the law suit issue. The Commission will be kept updated on the status. Mayor Dale asked the Commission to authorize him to write a letter to HErD confirming receipt of their letter, and informing them of the questions that the City has asked to be answered. The Commission concurred the Mayor should write a letter to the Board asking for answers to the specific questions he outlined within thirty days. · Commissioner Jones reported if the Housing Authority is in the business of providing low-cost, affordable, quality housing, it is not happening in Sanford. Commissioner Willjams reported what Commissioner Jones is basing his opinion on is what he saw on a particular day; he needs to look at the total picture from the beginning as to where it was five or six years ago. She will be one of the first to tell anyone as far as those buildings being boarded up, the conditions are unacceptable. But, Mr. Hudson is not responsible for people kicking out windows and doors and the vandalism, he has no control over those kinds of things. One of the things they were trying to do was get mixed housing (Hope VI) to change the environment, in hopes that it would change the mind set of the people. As long as you remodel them, and they are right there together living on top of each other, year after year, month after month, there is going to be a vicious cycle." Commissioner Jones asked if Mr. Hudson could not do stop people from kicking out windows and doors. Commissioner Williams reported Mr. Hudson has been in the paper for two or three years with law suits, because of the drug problems, and he has cleaned it up, comparatively speaking, from the way it used to be. But Mr. Hudson lost in court and the environment changed. The people were able to sleep, the gunshots at 2:00 and 3:00 in the morning ceased, and the "hanging out" and fighting, cursing and drinking ceased; but Mr. Hudson lost in court because they said he was violating their rights. ' Regular Agenda items, Add-on items, and other items. City Clerk Janet Dougherty distributed a revised Ordinance for Public Hearing No. 1, the revisions being ramoval of text creating utility access easements across certain lots, as Staff has now acquired those deeds from the owners. The City Clerk distributed a revised Ordinance for Public Hearing No. 8-B 1, one of the Comprehensive Plan Ordinances on Rami Yosefian' s property. This Ordinance previously contained a statement that P & Z had made a certain recommendation which they had not, they had recommended denial. The Ordinance was amended to say that the City Commission was taking this action instead of Plarming and Zoning recommending it. -- The City Clerk distributed a revised Development Order regarding Public Hearing No. 9. Jay Marder reported the revisions were made to item (3) (b). City Manager VanDerworp reported the City is asking for a forty foot instead of a fifty foot right-of-way, and a ten foot construction easement. The developer is in agreement with this revision. The City Clerk distributed Ordinance No. 3618, item R-3, the fight-of-way vacating procedures, which Ordinance was not available at the time the Commissioners received their packets. MINUTES 2 5 City Commission, Sanford, Florida 20.-- 3:30 p.m. Work Session January 22, 2001 The City Clerk distributed Add-on Item No. 1 regarding the waiver of potential conflicts with Florida Power & Light. The City Manager reported the City received a letter saying that Foley & Lardher represented the City with respect to the gas plant, they are in the process of merging with Hopkins & Sutter, a Chicago based tinn, and they also do business with Florida Power & Light. A letter from our attorney states there doesn't appear to be any conflict, and if there is any conflict then our attorney will take over the case. Mayor Dale reported he already signed the letter from the City Attorney because he saw no conflict, but then he decided it should come before the Commission. The City Clerk distributed Add-on Item No. 2, Resolution No. 1866, regarding Water Shortage regulations. PaUl Moore, Utility Director, reported the St. Johns River Water Management District has an emergency water use Ordinance in place, and this mirrors that Ordinance limiting watering and imgation to certain days of the week. CiW ~qanager's briefing. C~ty Manager VanDe~vorp reported he would review his briefing ~tems at the end of the Regular Meeting tonight. There being no further business, the meeting was adjourned. Mayor Attest: City Clerk MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, 2891 The City Commission of the City of Sanford, Hofida met in Regular Meeting on Monday, January 22, 2001, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Lany A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Willjams Commissioner Brady Lessard Commissioner Randy Jones City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Police Chief Tooley reported the City just received word from the Department of Justice that a case that the Sanford Police Department worked on in conjunction with the DEA has been settled. This case involved $178 million of a money laundering scheme with money in Swiss bank accounts. The Sanford Police Department has received, for its involvement in the case, a check for $873,173.16, which will be used in the Law Enforcement Trust Fund. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported she disa~ees with twice a year bulk trash pick-up. Sanford has always had four free pick-ups a year, and the City assured the citizens when it privatized that the service would not change. Citizens should be allowed at least one call-in a year for pick-up of bulk trash. She asked if the citizens' refuse bills would be cheaper if the City opts for two times a year bulk pick-up. Mayor Dale reported he can't answer that question until Staff comes back to the Commission with a proposal. Ms. Freeman reported, in regard to the incentives for downtown historic buildings, she does not live in the historic district, and nobody is giving her dollars to restore her house or encouraging her to paint her house. Someone who can afford to buy a building or business in downtown Sanford must look at it before they buy it and know they have to make improvements. Why does the City have to pay them incentives to do what they should be doing in the first place? They should be held accountable just like every other citizen; if the building is not maintained they will be cited, a lien placed against the property, and then foreclosed on. The rules should be the same for everybody, no matter how much money they have. No General Fund money should be used. Ms. Freeman reported the letter the City is sending to Mr. Blacksheare asking for some answers should have a deadline for response of two weeks, not thirty days. Ms. Freeman asked if there has been any investigation into the Metropolitan Systems issue as to where the money went for the Jaycees. Mayor Dale reported the money went to cities. Ms. Freeman asked for an update on the RFQ for the conference center. Mayor Dale reported the City Manager will be giving an update during the City Manager' s Report. Ms. Freeman reported on December 18, 2000, at the end of the regular commission meeting, Commissioner Eckstein made a motion that would alleviate any Commission member from having to wait a year before serving on a City Board, and it passed unanimously. Mayor Dale reported that has been clarified by the City Attorney that it is in the Charter and cannot be handled by a motion. Ms. Freeman reported that is something that should be agendized so the public can have input, not done at the end of a meeting. lvIIWtlTES 27 City Commission, Sanford, Florida 20--- 7:00 p.m. Regular Meeting January 22, 2001 Monarcha Marcett, 801 South Park Avenue, asked Mr. Herman why the bids for sidewalks are being awarded on lump sum figures when the bids were received in unit cost form. Mr. Herman reported those figures were estimates using the first year' s paving list, the number of units anticipated being needed were plugged into their unit price bids. The contract is being awarded strictly on unit pricing, not on lump sum. Mayor Dale reported that Mr. Herman gave the Commission a lump sum figure for budgeting purposes. Ms. Marcett expressed concern that there were so many varied items on the unit cost she didn't know how anyone could come up with a lump sum. Mayor Dale reported that it is definitely a estimate, and if they need more funds the City will compensate for them. Ms. Marcett asked if Core Construction Group cannot complete the job, will the second lowest bidder automatically be awarded the bid, because she would not want to have to take the time to go out for bid a second time. She also asked how soon after the bid is awarded will work begin. Mr. Herman reported the City is satisfied that Core Construction Group will be able to complete the contract, and the work could begin as early as two weeks from the award of the bid, but must start within thirty days. Bates Reed, 1701 Brisson Avenue, reported the Civic Pride Committee of the Chamber of Commerce is planning a city wide clean-up day on Februmy 24, 2001, and suggested the City may want to coordinate by doing a bulk pick-up on that same day. Approval of minutes. Commissioner Lessard moved to approve the minutes of the January 8, 2001 Work Session and Regular Meeting. Seconded by Commissioner Jones and carried by vote of the Commission as follows: "' Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing and first reading of Ordinance No. 3588 to consider closing. vacating. and abandoning that certain north-south alley lying between Grandview Avenne and E. 241h Place and between Grandview Avenue S. and Lily Court~ Susan Westgate, applicant. The entire alley is to be reserved as a utility easement and ten (10) foot access easements have been obtained along the southern property line of lot 53 and the northem property line of lot 54 of South Park Subdivision. Also, a fifteen (15) foot City Service easement has been obtained along the southern property line of lot 9 of Gardenia Subdivision and a five (5) foot City Service easement has been obtained along the northern property line of lot ten 10 of Gardenia Subdivision. Ad published October 29, 2000, property owners notified October 30, 2000, property ,.. posted October 30, 2000. Recommended by the Plans Review Committee, the Director of Engineering &PICturing, and the City Manager. Continued from November 13, 2000 City Commission meeting. Ordinance No. 3588 was read by title. Mayor Dale reported the Commission would hear from th0s~ persons present to speak for, on in opposition to, Ordinance No. 3588. · -- Jay Marder, Director of Engineering and Planning, reported the reason this Ordinance was continued was to obtain easements for a stormwater line that runs east/west through the southern portion of the applicant's lot. The Public Works Department has obtained those easements. Susan Westgate, 2411 South Grandview, the applicant, reported she understands that she will he responsible for maintaining half of the vacated alley, and her neighbor will have the other half, and if any access is ever needed it is automatically granted. Mr. Marder reported that is correct. Commissioner Lessard moved to adopt Ordinance No. 3588, entitled: MINUTES City Commission, Sanford, Florida 7:00p. m. Regular Meeting January 22, ~_01 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THE NORTH-SOUTH ALLEY BETWEEN GRANDVIEW AVENUE AND E. 24TH PLACE AND BETWEEN GRANDVIEW AVENUE S. AND LILY COURT IN AT THE CITY OF SANFORD, FLORIDA, RESERVING A DRAINAGE AND UTILITY EASEMENT FOR THE MAINTENANCE OF AN EXISTING STORMVqATER LINE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public bearing and second reading and adoption of Ordinance No. 3605 to amend the Land Development Regulations to eliminate term limits for members of the Bistorie Preservation Board. Recommended by the City Manager. Ad published January I0, 2001. Ordinance No. 3605 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3605. No one appeared. Commissioner Willjams moved to adopt Ordinance No. 3605, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 3.5, HISTORIC PRESERVATION BOARD, OF APPENDIX A, THE LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD, TO ELIMINATE TERM LIiV/ITS FOR BOARD MEMBERS, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. 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 Jones Aye Public hearing and second reading and adoption of Ordinance No. 3606 to amend the City Code to eliminate term limits for members of the Planning and Zoning Commission. Recommended by the City Manager. Ad published January I0, 2001. Ordinance No. 3606 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, 'Ordinance No. 3606. Art Hams, 1108 Grove Manor Drive, reported in about 1974 or 1975 the Zoning Board recommended to the City that it have a nine year term limit on the zoning board. One of the main reasons for this recommendation was because it is difficult for a City Commission to say "we don't want you, we want to put somebody else in", unless the member has been real bad. With term limits it gives the Commission an opporttmity to change the make-up of the Zoning Board, and it staggers terms so not everybody is lost at one time. He recommends not changing the term limits at this time. Commissioner Jones reported that the purpose of the Ordinance was to keep the people on the Board that are doing a really good job, and the Commission still has the option of removing someone if they are not doing a good job. Commissioner Lessard moved to adopt Ordinance No. 3606, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING SECTION 18-1/2 - 13, ARTICLE II, PLANNING AND ZONING COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO ELIMINATE TERM LIiVI/TS FOR BOARD MEMBERS, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. m%'TES 2 9 City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, 2001 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 Jones Aye Public hearing and second reading and adoption of Ordinance No. 3607 to amend the City Code to eliminate term limits for members of the Scenic Improvement Board. Recommended by the City Manager. Ad published January 2001. Ordinance No. 3607 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3607. No one appeared. Commissioner Jones moved to adopt Ordinance No. 3607, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, _AMENDING SECTION 2- 112, ARTICLE VII, SCENIC IMPROVEMENT BOARD OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO ELIMINATE TERM LIMITS FOR BOARD MEMBERS, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. 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 Jones Aye Public hearing and second reading and adoption of Ordinance No. 3609 to amend Personnel Rules and Regulations. adding policy prohibiting use of tobacco products for firefighters and police officers. effective February 1. 2001. Recommended by the City Manager. Ad published January 10, 2001. Ordinance No. 3609 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3609. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3609, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3324 OF THE CITY'S PERSONNEL RULES AND REGULATIONS AND ADOPTING SECTION 21.0 TOBACCO ABSTENTION FOR POLICE AND FIRE APPLICANTS/NEW HIRES; PROVIDING FOR SEVERABILiTY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: ,,.. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing and second reading and adoption of Ordinance No. 3610 to annex 1.03 acres of property lyinlt, I ,--, between Marquette Avenue and East Lake Mary Boulevard and between Brisson Avenue South and Ohio AvenU~ (3525 Ohio Avenue). Johnny and Miriam Rodriguez, owners. Recommended by the City Manager. Ad published January 10 & 17, 2001. Ordinance No. 3610 was read by title. Mayor Dale reported the Commission would bear from those~_ persons present to speak for, or in opposition to, Ordinance No. 3610. No one appeared. Commissioner Jones moved to adopt Ordinance No. 3610, entitled: i3 .:0 MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, ~.01 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, 1.03 ACRES OF PROPERTY LYING BETWEEN MARQUETTE AVENUE AND EAST LAKE MARY BOULEVARD AND BETWEEN BRISSON AVENUE SOUTH AND OHIO AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLOR1DA STATUTES; 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 Jones Aye Public hearing and second reading and adoption of Ordinance No. 3611 re: assessing a fee on telecommunications companies. Recommended by the City Manager. Adpublished January 10, 2001. Ordinance No. 3611 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3611. No one appeared. Commissioner Williams moved to adopt Ordinance No. 361 I, entitled: AN ORDINANCE OF THE CITY OF SANFORD FLORIDA ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS-OF- WAY FOR TELECOMMUNICATIONS FACiLITIES; PROVIDING FOR WI-IEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABiLITY; PROVIDING AN EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing and tirst reading of Ordinance No. 3612 to amend the future !and use map of the Future Land Use Plan Element of the Comprehensive Plan and change the designation of 1.815 acres of property lying between E. 14th Street and E. 15th Street and between Magnolia Avenue and Sanford Avenue (Velma Mitchell School site. 1401 S. Magnolia Avenue) from Public/Semi Public (PSP) to MDR-15 (Medium Density Residential-15 Units Per Acre). Rami Yosefian, owner. Recommended by the Planning and Zoning Commission, the Director of Engineering and Planning, and the City Manager. Ad published December 10, 2000. Ordinance No. 3612 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3612. MayorDale reported this property is zoned MR-2, and the request is to change the Comprehensive Plan to reflect the current zoning. Norbert Jaworski, 2004 South Magnolia, reported it was his understanding this properly was to be used for senior assistance type of housing, now it appears it will be used for low cost housing. Is this a change or is he reading it wrong? Mayor Dale reported he, Mr. Jaworski, is reading it wrong. The applicant could complete his project under the current zoning (MR-2), but the applicant has agreed to do a Planned Unit Development zoning so that the City can have tighter restrictions and require things that would not be required under the MR-2. City Manager VanDerworp reported there is a rezoning request associated with this property on the agenda tonight, and the City is recormmending it go from MR-2, which will allow multiple family up to 15 units, :l. ofla PD (Planned Development) which requires specific development requirements. rr- LrrEs 3 1 CiLV Commission, Sgnfor& Flmida 20.__ 7:00 p.m. Regular Meeting January 22, 2001 Jay Marder, Director of Engineering and Planning, reported there are 50 beds proposed to be at this congregate living facility, but beds are different than dwelling units. There will not be 51 dwelling units. This will require all of the State licensing for an adult congregate living facility. There is a Development Order attached to the Master Plan which lays out the 50 beds, and it shows what the land use is going to be so that is what it has to be, it can't be anyfixing else. Rami Yosefian, the developer for this property, reported they are proposing a for profit assisted living facility of S0 beds. It is not medically assisted living, the only provisions will be a dining room and kitchen, and a laundry facility. There will be no low income housing, and no welfare will be accepted. This will be an adult facility, aged 20 and up, no children. Doreen Freeman, 705 Mellonville Avenue, asked if the zoning was being changed to MDR-15 or to PD. Mayor Dale reported it is currently zoned MR-2, but the Comprehensive Plan is for public/semi-public. The Comprehensive Plan needs to coincide with the zoning. The MR-2 zoning is being changed to Planned Development so the City can limit the use of the property. Kenneth Lowe, 1311 South Palmetto, reported Mr. Yose~an has been cited with code violations, and he would like to know what those violations are and their status. City Manager VanDerworp reported the City received a call that there was work being done without a permit, and the City sent an inspector to the building site. Mr. Yose~an was hiring sub-contractors to get unit prices, and they were doing pilot materials on the project. They were not constructing " any major walls, moving any electrical, and there wasn't anything in violation. Mr. Yose~an was told that even putting in a pilot wall requires a permit. Mr. Lowe reported the building is in the historic district and Mr. Yosefian needs to be aware that he needs to come before the Historic Preservation Board, also. Dominico Fusco, 1317 Park Avenue, reported he lives in the line of sight of this property and asked about the limitations that would be put on this development. He asked about the age of the residents, would it be at least 20 years old? Mayor Dale reported for an adult congregate living facility the law defines an adult as 18 years old. Mr. Fusco asked if physically or mentally handicapped persons would be allowed to live there. Mayor Dale said yes, they are allowed to live in any residential area. Mr. Fusco asked about Medicare or Medicaid payments and Mayor Dale reported this will not be a Medicare or Medicaid funded facility, but a resident could possibly be a recipient of Medicare or Medicaid. Mr. Fusco asked what the parking limitations/requirements would be for this facility. Jay Marder, Director of Engineering and ,-- Planning, reported the parking requirement is less than twenty cars. Mayor Dale reported parking issues will be addressed during the site planning. Mr. Yosefian reported by law he is required to have fifteen parking spaces, but right now there are 62 spaces available on the property. Mr. Fusco reported he had heard there were asbestos problems with the building and wanted to know if that is true. Mr. Yosefian reported no, there is no asbestos problem, there were some slight .- problems but they were taken care of during the environmental review. Commissioner Williams asked Mr. Yose~an, if someone were between the ages of 18 and 90 years of age, and received public assistance, could he deny that person the fight to live in this facility? Mr. Yosefian reported no, he could not deny them the right to live there as long as they paid their dues, they are a for profit facility. Tobi Troutman, 900 South Palmetto Avenue, reported she has been looking for places like this for her mother-in-law to live, and she would love for her to live there. Even if her mother-in-law does not live there, she would love to do volunteer work there. However, she has never seen a one room assisted living area that has two beds. Mr. .3'2 M NUTES City Commission, Sanford, Florida 7:00 p.m. Regular MeetingJanuary 22, ~801 Yose~an reported all of the rooms are single bed rooms, them are four units that have two beds in two separate rooms for couples who want to live together and not be separated. Andrew Valerite, 1300 South Magnolia Avenue, reported a lot of the neighbors nearby have been looking at all of the development issues related to this development, and there are a number of them that are very supportive of the idea of the assisted living facility, and they are going to watch very closely to make sure nothing gets slid in that is negative. Generally, they are very excited about the development. On recommendation of the City Manager, Commissioner Willjams moved on the first reading of Ordinance No. 3612, entitled: 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 APPROXIMATELY 1.815 ACRES OF PROPERTY LYING BETWEEN E. 14TH STREET AND E. 15TH STREET AND BETWEEN MAGNOLIA AVENUE AND SANFORD AVENUE, FROM PSP, PUBLIC/SEMIPUBLIC TO MDR- 15, MEDIUM DENSITY RESIDENTIAL - 15; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE. 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 Jones Aye Pubic hearing and first reading of Ordinance No. 3613 to fezone 1.815 acres of property lying between E. 14th Street and E 15th Street and between Magnolia Avenue and Sanford Avenue (Velma Mitchell School site, 1401 S. Magnolia Avenue) from MR-2, Multiple Family Residential to PD, Planned Development. Rami Yosefian, owner. Recommended by the Planning and Zoning Commission, the Director of Engineering and Planning, and the City Manager. Ad published December 10, 2000. Ordinance No. 3613 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3613. City Manager VanDerworp reported the Development Order rims with the land and says that the development will be the site of an assisted living facility that shall not exceed fifty beds, and that it shall be developed in conjunction with the Master Plan. The Master Plan shows the existing building configuration that will be redeveloped, and it shows the ingress and egress. Commissioner Lessard reported it is important to define what an "assisted living facility" is according to the statutes. Mr. Marder reported it is defined by Florida Statute, and in general excludes anybody who is dangerous, uses drugs, or is in rehabilitation, etc. Mayor Dale asked Mr. Yosefian if his intent was for this to be an adult assisted living facility. Mr. Yosefian reported he had no objection to that. Alec Then, 1019 Magnolia Avenue, reported he has always heard this development as being referred to as a senior assisted living facility, now it is being called an adult assisted living facility. Is this in fact going to be for seniors only or for all adults, because you cannot discriminate against any adult 18 years old and up? Mayor Dale reported the City has never considered it to be for seniors only. Mr. Yosefian reported he will market this facility as a senior facility, but he cannot discriminate against any adult 18 years old and up. Further, he does not feel twenty year olds will be able to afford the $1,800 a month to live in at this facility. MINUTES City Commission, Smffor& Florida 20-- 7:00 p.m. Regular Meeting January 22, 2001 Art Hams reported the law does not require any facility to care for a specific group of people. Andrew Valerite reported at the Planning & Zoning meeting the neighbors asked that the Ordinance be for an assisted living facility without any 0fthe sub-classifications as indicated in State Regulations for an assisted living facility. Is it possible to get that into the Planned Development Ordinance? Mayor Dale reported they will put it in subject to City Counsel researching to see if it can be put in. Art Hams reported the law will allow assistance with bathing, eating and regulating medications, but not any specific treatments. The law does allow assistance and treatment for a specific problem on a short term basis (home health care)just as someone could do in their own home. Tobi Troutman reported if this facility is not limited to 55 years old and above, older people will not want to live with people so much younger than they are. Bates Reed reported there are younger people than age 55 years that need assisted living, and they should not be turned away because of their age. Ms. Troutman reported she does not believe that assisted living would have someone that needs extensive assistance. This facility would be for people who can take care of themselves but just don't like to cook, and like to eat with other people. Eric Breitenbach, 1505 Palmetto Avenue, reported he lives fight across the street from this property, and is a member of a large group of neighbors here tonight, and they do not want a low income housing development. Also, he asked for clarification on the 50 beds/50 units issue, they don't want 100 people living in that building. City Manager VanDerworp reported the Development Order states it will be a 50 bed facility. [Mayor Dale passed the gavel to Vice- Mayor Eckstein and left the meeting.] Ordinance No. 3613, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 1.815 ACRES OF PROPERTY LYING BETWEEN E. 14TH STREET AND E. 15TH STREET AND BETWEEN MAGNOLIA AVENUE AND SANFORD AVENUE; FROM MR2, MULTIPLE FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. passed first reading by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing and first reading of Ordinance No. 3616 to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan and change the designation of .44 acres of property lying between E. 14th Street and E. 15th Street and between Magnolia Avenue and Sanford Avenue (three vacant lob ~,.t4~1~ block of Palmetto Avenue) from Public/Semi Public (PSP) to LDR-SF (Low Density Residential - Single Family). Rami Yosefian, owner. Recommended by the Director ofEngineering and Planning and the City Manager. Adpublish~t December 10, 2000. Ordinance No. 3616 was read by title. Vice-Mayor Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3616. City Manager VanDenvorp reported this is a public/semi-public piece of property, that used to be owned by the School Board, and was purchased by Rami Yosefian. These are three lots located at the northeast comer of South Palmetto and 15th Street and he recommends low density residential land use like the surrounding area. MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, ~.01 Doreen Freeman, 705 Mellonville Avenue, reported the plans for this property were for a medical center, and asked if that is still the plan. Commissioner Lessard reported the plan, to his knowledge, has been withdrawn. Jay Marder reported a medical facility had been requested but low density residential is being recommended. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3616, entitled: 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 APPROXIMATELY A 0.44 ACRE PORTION OF THE PROPERTY LYING BETWEEN E. 14TH STREET AND -- E. 15TH STREET AND BETWEEN MAGNOLIA AVENUE AND SANFORD AVENUE, FROM PSP, PUBLIC/SEMIPUBLIC TO LDR-SF, LOW DENSITY RESIDENTIAL-SINGLE FAMILY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and Ordinance No. 3617, 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 0.44 ACRES OF PROPERTY LYING BETWEEN E. 14TH STREET AND E. 15TH STREET AND BETWEEN MAGNOLIA AVENUE AND SANFORD AVENUE, FROM IvlR-2, MULTI-FAMILY RESIDENTIAL, TO SR-1, SINGLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams. Commissioner Lessard asked Mr. Marder if these three lots would fall under the same LDR scope that the City has of minimum 50 foot lots, etc. for that area. Mr. Marder reported these lots would be under the LDR Single Family regulations. Rami Yosefian reported he had originally requested these lots be rezoned to Commercial, and it was denied, so he would like to leave the zoning as it is right now and not do any changes. [Mayor Dale returned and took back the gavel.] Mr. Marder reported Staff recommends that it be changed to Low Density Residential because the public/semi- public designation is inappropriate. Mayor Dale asked Mr. Martier if this is an administrative rezoulng against the applicant's wishes. Mr. Marder reported it is not what the applicant wants. City Attorney Colbert reported if the applicant has requested that the City not go forward with the change, based on his application, then the City should not go forward unless it initiates its own change. Commissioner Lessard withdrew his motion and Commissioner Willjams withdrew her second. Commissioner Lessard moved to table Ordinance No. 3616 and Ordinance No. 3617 until February 12, 2001, for Engineering and Planning to discuss with the applicant. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Andrew Valente reported at the Planning and Zoning meeting the issue of why this neighborhood was zoned Medium density as opposed to Single Family was discussed, and many neighbors were in support of a recommendation to revise the zoning. The Planning and Zoning Commission also had concerns of spot zoning in the area. The neighbors would like to be involved in any discussions within the City that might take place regarding the rezoning of this property. Public hearing and first reading of Ordinance No. 3617 to fezone .44 acres of property lying between E. 14th Street and E. 15th Street and between Magnolia Avenue and Sanford Avenue Ithree vacant lots in the 1400 block of City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, 2001 Palmetto Avenue) from MR-2. Multiple Family Residential to SR-I. Single Family Dwelling Residential. Rami Yosefian, owner. Recommended by the Director of Engineering and Planning and the City Manager. Ad published December 10, 2000. The Commission confirmed that the foregoing motion to table included this Ordinance. Public hearing and first reading of Ordinance No. 3614 to rezone 53.36~ acres of property lying between Rand Yard Road and SR46/W. 1st Street and between N. Kennel Road and Rand Yard Road (3280 W. 1st Street) from GC-2. General Commercial: RI-I. Restricted Industrial: AG. Agricultural: and MI-2. Medium Industrial to PD. Planned Development. Tom Ball, et al, owner; B. K. Godwin, III, PBS & J, applicant. Recommended by the Planning and Zoning Commission, the Director of Engineering and Planning, and the City Manager. Ad published December 10, 2000. Ordinance No. 3614 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3614. City Manager VanDerworp reported the Commission received a revised Development Order for this Ordinance at the Work Session, which talks about a forty foot right-of-way with a ten foot construction easement, and the right-of-way would be held for a period often years only. Tom Usler, representing the Catholic Diocese, reported the primary property owner is Tom Ball, and Mr. Ball has various parmerships and ownerships that own various parcels. Mr. Usler also reported that the property is about 58 acres, as opposed to 53 acres. " City Manager VanDerworp reviewed the Development Order, including the condition that Meisch Road and Narcissus Avenue shall be vacated pursuant All Souls Catholic Church requesting same. Mayor Dale asked the City Attorney if the City could put something in a Development Order that requires the City to do something that requires a public hearing, before the public hearing. City Attorney Colbert reported the vacating of public interest in property has to be done by ordinance and it has to be done through the public hearing and regular adoption process. The City could agree to consider it, but the City cotrid not bind itself to do it prior to a public heating and then make a final decision. The City cannot agree in at advance to do something that requires a public hearing. Alberto Bustamante of Ackerman, Senterfitt & Eidson, P.A., reported the idea was for that road to stay open until the plans had been approved, and the cul-de-sac could be built pursuant to the Master Plan. At this time he prefers to have a Development Order that would have taken this vacation into consideration already because it would have an impact ,,., to the safety of the students at the school to have a public road rimrang through the middle of the campus. Kerry Godwin, PBS & J, Inc., reported from a processing standpoint, they have sent a letter to the City requesting a right-of-way vacation for Meisch Road between Narcissus and St. Rd. 46. That is the platted right,Of~y but no improvements. The Narcissus fight-of-way also has utilities and the intent is to abandon that as a public access, and ,-- then dedicate an easement to keep the utilities running through there. They have not paid the money for the vacate request, so it has not been processed. On recommendation of the City Manager, and providing a public hearing will be scheduled for tl~'.,acati~ of Meisch Road prior to final adoption of the Ordinance, Commissioner Eckstein moved on the first reading of Ordinance No. 3614, entitled: 3,6 MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, ~e.01 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 53.36-~ ACRES OF PROPERTY LYING BETWEEN RAND YARD ROAD AND S.R. 46/W. 1ST STREET AND BETWEEN N. KENNEL ROAD AND RAND YARD ROAD; FROM GC-2, GENERAL COMMERCIAL, RId, RESTRICTED INDUSTRIAL, MI-2, MEDIUM INDUSTRIAL AND AG, __ AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye -- Commissioner Lessard Aye Commissioner Jones Aye Condemnation of property at 718 Willow Avenue, Condemnation Report No. 00-0g, Rosezella Kelly, owner. The Community Development Director and the City Manager recommend the structures be found unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structures, and to give the owner thirty (30) days to repair or demolish; if property owners fail to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Owners notified September 27, 2000; property posted September 27, 2000. Continued from the November 13, 2000 City Commission meeting. Charles Rowe, Community Development Director, reported Staff recommends the structure be found unsanitary and uninhabitable, and authorize Staff to demolish within thirty days if the owner fails to effect such demolition and removal or repair within thirty days. The cost of demolition would be assessed against the property in the form of a lien. The owner has been notified by certified mall and the property was posted. Commissioner Eckstein moved to find the structures at 418 Willow Avenue unsafe, dilapidated, unsanitary or uninhabitable, and to give the owner thirty (30) days to repair or demolish; if property owners fall to effect such demolition and ramoval or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 Jones Aye Boards: appointments/reappointments. Nuisance Abatement Board. City Clerk Janet Dougherty reported the terms of Oscar Redden, Jr., Robert J. Kinney and Sharonda Wyun expire March 7, 2001, and all wish to be reappointed. Commissioner Lessard moved to reappoint Oscar Redden, Jr., Robert J. Kinney and Sharonda Wynn. Seconded by Commissioner Willjams and carried by vote of the Cor~unission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstcin Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye MINUTES 3 7 City Commission, Sanford, Florida 20--- 7:00 p.m.Xegular Meeting January 22, 2001 Scenic Improvement Board. City Clerk Janet Dougherty reported there is one vacancy on this board due to a resignation. Commissioner Lessard moved to appoint Donna Castellano to the board. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Central Examining Board. City Clerk Janet Dougherty reported there is one vacancy on this board. Mayor Dale reported the Commission would delay action on this board to give the City Clerk time to arrange an interview with Kent Prager, who has turned in an application. First reading of Ordinance No. 3615 to annex 3.69 acres of property lying between Narcissus Avenue and SR 46 (W. 1st Street) and between Riverview Avenue and Terwilliger Lane (2381 Narcissus Avenue). Wat Navaram Buddhist Temple, Inc., owner; Hom Souvan, applicant. Recommended by the Plans Review Committee, the Director of Engineering & Planning, and the City Manager. Ordinance No. 3615 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3615, 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 NARCISSUS AVENUE AND S.R. 46 (W. 1ST STREET) AND BETWEEN RIVERVIEW AVENLrE AND TERWILLIGER LANE; 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-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3618 to amend the Land Development Regulations to adopt revised procedures to vacate rights-of-way and easements. Recommended by the Planning and Zoning Commission, the Engineering and Planning Director and the City Manager. Ordinance No. 3618 was mad by title. On recommendation of the City Manager, Commissioner Jones moved on the first reading of Ordinance No. 3618, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 6.19 - VACATION OF RIGHTS-OF-WAY AND EASEMENTS OF ARTICLE IV, OF THE CITY OF SANFORD LAND DEVELOPMENT REGULATIONS TO ADD ADDITIONAL PROCEDURES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. 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 Jones Aye MINUTES City Con3mission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, ~_01 Adoption of Resolution No. 1862 to reelass two police Corporals to two police Sergeants. Recommended by the Chief of Police and the City Manager. Resolution No. 1862 was read by title. City Manager VanDerworp reported this Resolution will provide a Sergeant over the Traffic Unit, and a Sergeant to oversee the School Resource Program, as discussed in the Budget Work Sessions. Commissioner Jones moved to adopt Resolution No. 1862, entitled: A RESOLUTION OF THE CITY OF SANFORD, YLORIDA TO PROVIDE FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN' TO PROVIDE FOR THE RECLASSIFICATION OF TWO (2) POLICE CORPORALS TO TWO (2) POLICE SERGEANTS IN THE UNIFORM DIVISION WITHIN THE POLICE DEPARTMENT PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Adoption of Resolution No. 1863 to reelass one police Accreditation Corporal to an Accreditation Manager. non- sworn. Recommended by the Chief of Police and the City Manager. Commissioner Jones asked how long the accreditation would take. ChiefTooley reported two years for the State accreditation and probably a year (maybe two years) after that for the National accreditation. Resolution No. 1863 was read by title. Commissioner Jones moved to adopt Resolution No. 1863, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA TO PROVE)E FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN' TO PROVIDE FOR THE RECLASSIFICATION OF ONE (1) POLICE CORPORAL TO ONE (1) ACCREDITATION MANAGER, NON-SWORN IN THE ADMINISTRATION DIVISION WITHIN THE POLICE DEPARTMENT PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Demolition of property at 1406 W. 13th Street, Condemnation Report No. 00-02, Nettie Lee Morgan, owner. The title search was completed 11-29-00 and there have been no improvements to the property, no permits issued, and no extensions requested. The Community Development Director and the City Manager recommend demolition. Charles Rowe, Community Development Director, reported Staff recommends demolition of the structure at 1406 W. 13~ Slreet. Commissioner Eckstein moved to demolish the structure at 1406 W. 13th Street. Seconded by Commissioner Less~[~l atlCl carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Approve reduction of the minimum number of required parking spaces for the proposed Lexington Park MINUTES '3 9 City Commission, Sanford, Florida 20--- 7:00 p.m. Regular Meeting January 22, 2001 Apartments at 3780 Orlando Drive. ReconLmended by the Director of Engineering and Planning and the City Manager. Jay Marder, Director of Engineering and Planning, reported the request is to reduce the required number of parking spaces from two to one and one-half. Joe Romero, Senior Transportation Planner, reported according to the Institute of Transportation Engineers, the number of parking spaces for an assisted living faciliW is .27 parking spaces per occupied unit. Also, another source recommends .7 parking spaces per unit. The APA Parking Standards Report states several facilities similar to tiffs one use one third parking space per unit, one parking space per two bedrooms, and .75 parking spaces per unit. The applicant is asking for one and one-half parking spaces per unit, and they would like to limit that to one space per unit, and land bank the one-half space. [Commissioner Lessard left the meeting briefly and returned.] Scott Calp, Developer for Sandspur Housing Partners, Ltd., reported the zoning is currently GC-2, and a conditional use under 6C-2 approves the multifamily use. The land use restriction agreement will place a restriction on this property that it will be a facility for only people 55 years and older, and the waiver being contingent upon the land use restriction agreement being recorded. This agreement would be for thirty years, and after that the property owner would have to come back to the City to extend the agreement if desired. Experience shows that this age group historically has one car per unit, and sometimes no cars. Handicapped spaces would be included in the one and one-half spaces per unit. Mayor Dale reported the people living in at this facility may not need parking spaces, but they have relatives and friends who will visit and may need more parking spaces. He reported the City should retain the Code, " parking regulations have been a real problem in Sanford. Jay Marder, Director of Engineering and Planning, reported the recommendation to approve this waiver was based on the information provided to them about this type of community. Monarcha Marcett reported handicapped parking spaces are required to be 17' wide and 20' deep. Doreen Freeman, 705 Mellonville Avenue, reported the City does not need to water down the Code. Also, the 55 years and older can be challenged as discrimination. Mr. Culp reported there is a Federal Law exemption with regard to seniors independent living communities and assisted care communities, and they can be restricted to age 55 and older. City Manager VanDerworp recommended one and one-half parking spaces per unit paved, and no land banking. Mayor Dale asked if one and one-half spaces were paved, would they still have room to land bank additional parking area. Mr. Culp reported if they land bank over the 1.5 they will get into some wetland encroachment, permitting, ,_, and litigation issues that he would rather not have to deal with. He reported they would agree to the 1.5 all paved. Commissioner Eckstein moved to approve 1.5 parking spaces per unit, all paved. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye · -- Commissioner Willjams Aye Commissioner Lessard Nay Commissioner Jones Aye Approve proposed Sanford Main Street $15.000 facade improvement grant program with direction regarding funding source. The grant program provides for individual grants of up to $2,500 per project with participants providing at least a 50% match. Funding should come from the CRA or the General Fund reserves. Recommended by the Community Redevelopment Agency, the Director of Engineering and Planning and the City Manager. 4 0 MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, 2801 E00014148 Commissioner Eckstein moved to approve the grant program using CRA funds. 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 Jones Aye Approve recommendations to encourage the maintenance of buildings in the Downtown Historic Commercial District. Recommended by the Director of Engineering and Planning and the City Manager. On recommendation of the City Manager, Commissioner Lessard moved to table this item. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Consent Agenda. On recommendation of the City Manager, Commissioner Eckstein moved as follows: Accept bid for recreation athletic equipment, from BSN Sports, lowest bidder for Bid #1FB 00/01-07, in the amount of $13,400.68; funds available in account 000-5501-572-5209. Accept bid for concrete construction repair, from Core Construction Group, Inc. (Core), lowest bidder for Bid #IFB 00/01-13, contingent on satisfactory review of Core's qualifications, or if review is negative from U.S. Renovations (USR), next lowest bidder, contingent on satisfactory review of USR's qualifications, at the unit prices specified on the attached bid. Core's estimated bid is $335,859.50, and USR's estimated bid is $337,297.20; funds available in account 131-0000-541.63-23 (Renewal/Replacement - Sidewalks). Accept bid for Phase I Construction of St. Johns Parkway, from Amick Construction Ltd., lowest bidder for Bid #1FB 00/01-09, in the amount of $866,196.88; funds available in account #311-0000-541-63-50 (1 Cent Sales Tax Funding) in the amount of $758,515.53 and from eligible SRF Loan, Utility Reserves and participation from The Sharma Group, Inc., in the amount of $107,681.35. Approve agreement for consultant services for the Sanford Gasification Plant with Environmental and Health Integrated, Inc. (El-l/) in the amount of $17,750; to be paid from the previously funded Group trust account. Approve Amendment No. 48 for Mill Creek Phase III-B Engineering Services, with Corddin Porter and Holmes (CPH) in the amount of $14,940.00; funds available in Account No. 402-4045-54 1-63.12 (Mill Creek 3-B Drainage Account). Approve street closure of 5th Street from Park Avenue to Oak Avenue, from 11:00 a.m. to 4:00 p.m. Februmy 10, 2001, for the First Baptist Church Homecoming Festival in the Park. Approve street closure of Hickory Avenue from 5th Street to 6th Street, from 11:00 a.m. to 5:00 p.m. February 24, 2001, for the Taylor Family Birthday Party. Approve street closure of Seminole Boulevard from Sanford Avenue to San Juan, from 12:00 noon to 6:00 p.m. March 9, 2001, for Southern Riders Motorcycle Club 6th Annual Picnic. Approve additional engineering services in the amount of $7,925 plus reimbursables to contract with Scott MINUTES ' 4 City Commission, Sanford, Florida 20--- 7:00 p.m. Regular Meeting January 22, 2001 Partnership for Historic Sanford Memorial Stadium renovations, for additions to dugouts and locker rooms and additional coach's bathrooms; from account #312-0000-572-63.60. 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 Jones Aye Add-on items. ,, 1. Waiver allowing Foley and Lardher to continue representing the City in the Gasi~eation Plant issue. Commissioner Eckstein moved to consent to the waiver allowing Foley and Lardnet to continue representing both the City and Florida Power and Light.. 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 Jones Aye 2. Resolution No. 1866 adopting the Water Shortage Plan of the St. Johns River Water Management District. Resolution No. 1866 was read by title. Commissioner Eckstein moved to adopt Resolution No. 1866, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA AMENDING RESOLUTION 1841 PROVIDING FOR ADOPTION OF THE WATER SHORTAGE PLAN OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND 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 Jones Aye Information only. 1. Seminole County Fair. 2. Census availability. 3. St. Johns River Water Management District water shortage order. 4. Police Department Status Report on police activities December 16, 2000 through December 31, .-. 2000. 5. TranspOrtation Outreach Program (TOP) Grant Application. City Manager VanDerworp reported the information items were self-explanatory. City Clerk's Rel~ort. No report. City Attorney's Report. No report. MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting January 22, ~91 City Manager's Report. An RFQ has been prepared for the conference center and he will have the County's comments on the RFQ by Wednesday. He has provided each of the Commissioners with a copy of the Citizens' Report, which will be ready to run mid-week, unless there are changes. Reminded the Commission that the Riverwalk Consultants are scheduled to make a presentation at the next City Commission meeting on February 12, 2001 in the City Commission Chambers. Announced that twenty years ago today, by'a vote of 3/2, Bill Colbert became the Sanford City Attorney. City Attorney Colbert reported he appreciates all of the Commissions and the Mayors and the City Staff that he has worked with over the past twenty years, and that it had been mostly fun. Mayor Dale reported he could not speak about the first sixteen years, but over the last four years City Att0mey Colbert has done an excellent job, and the Mayor has always appreciated his efforts and his advice. City Commissioners' Reports. Commissioner Eckstein - Reported that Robbie Morganstem did an outstanding job giving a ticket to a motorist who went around a fire truck which was going into the fire Station by 13th Street and French Avenue. Officer Morganstem would like the;Commission to consider having a light (in sequence) in front of the fire station. Jerry Herman, Public Works Director, reported there have been a couple of requests over the years to tum th0s~ lights into regular traffic signals that stay green. The Department 0fTransportation controls that signal, it is their road, and they have adamantly refused tO change any regulations to allow those traffic signals. Mayor Dale reported whether there is a light there or nat, :: common sense will tell you not i0go aili~d-a fire truck that is pulling out with itS lights :and siren on. Commission& :': '/ Eckstein asked if someone could talk with Officer Morganstem and see if this is a ~,iable request. Chief T0oley suggested '~': maybe some better signage in that area would be helpful. Mii. Herman reported he will speak with Officer'Morganstem ' and report back to the Commission. ..... .,i:,~..:i !,:~ ..: Reported that he has had some complaints from retired people walking on 16th Street or 15th Street that they are being harassed by kids and asked that the officers at the 13th Street Community Center keep an eye on the situation. , ,. Congratulated Commissioner Williams for being unopposed in the up-coming election, and serving as Commissioner for another four years. Commissioner Willjams - reported a decrease in police visibility on 13th Street. Also, the hours at the sub- station need to be increased or made more flexible, and the efforts coordinated better. Commissioner Lessard - asked for a map of the most recent Airport Boulevard alignment. - -~. '?: Z! Reported a church would like to purchase property at the comer of 7th Street and Pine where the Masonic Temple was demolished by the City. There are about $5,700 worth of liens on the property that they would like to have waived. Mayor Dale reported the taxpayers had to pay for the demolitiC~p of that ~uilding so the liens should not be waived. Commissioner Eckstein reported they could make time payments on th~ liens. Commissioner Lessard reported he would relay that to the interested party and advise the Commission. 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