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012703 ws/rm min. The City Commission of the City of Sanford, Florida met in Work Session on Monday, January 27, 2003, at 4:00 P.M. in the City Mana-er's C ~ umerence Koom, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: cMcay°rTC.°mmissioner Brady Lessard ommtss~oner Whitey Eckstein Commissioner Randy Jones City Manager Anthony VanDerworp City Clerk Janet Dougherty Absent: Commissioner Velma Williams (arrived at 4:05 p.m.) Commissioner Art Woodruff(arrived at 4:05 p.m.) City Attorney V~rffiiam L. Colbert The Chairman called the meeting to order at 4:04 p.m. Interview of prospective board appointeea. H_i,storic Preservation Board. Stephanie Powers was interviewed by the Commission for the current Board vacancy. [Commissioner Williams and Commissioner Woodruffarrived during this interview.] In addition, the applications of Linda Daniels, p. Douglas Groseclose, Julie Overstreet, and Dr. Eric Zendell were provided to the Commission for review. ~~,~!g_Co~ion_.. Eddie R. Green and Richard F. Huber were interviewed by the Commission for the current Board vacancy. Mayor Lessard announced that an additional vacancy was created by the resignation of Board member Kevin Hipes. [Commissioner Williams briefly left the meeting during the interview with Mr. Huber and returned.] In addition, the application of Anthony W. Brown was provided to the Commission for review. Discussion re: Suncor Develo ment A reement/FPL Pro e A reement. City Manager VanDerworp distributed a revised "Contract for Sale and Purchase of Land" for the property and gave a brief overview of the project with the assistance of Robert L. Horian of Suncor Properties, Inc. [Mayor Lessard briefly left the meeting and returned during this discussion.] Presentation of Ci 's Fiscal Year 2001/2002 unaudited financial re orr. Finance Director Kevin Smith presented an overview of the report to the Commission and discussed shortfalls in Police and Fire Pension Funds for the current fiscal year. [Mayor Lessard briefly left the meeting and returned during this discussion.] ~or co-location of Public Works Project Manager Chris Smith distributed a spreadsheet to the Comm/ssion showing site acreage, value, requirements, encumbrances, and demolition costs and gave a brief overview of the proposed land exchange. The Commission concurred to send a letter to the Seminole County School Board, similar to the dralt provided. [Commissioner Will/ams left the meeting during this discussion.] [Corunfissioner Eckstein left the meeting during this discussion.] [Commissioner Williams returned to the meeting during this discussion.] Discussion orr ular A enda item Add-on item and other items. Further discussion re: Suncor Develo ment Agl~ement/FPL~Propertx Agreement~.. City Manager VanDerworp requested an amended motion for the public heating at tonight's regular meeting regarding the Suncor Development Agreement to require Suncor Properties, Inc. to put the money into escrow before the agreement is executed with Seminole County. [Mayor Lessard left the meeting during this discussion.] .Ci,ty Manager's briefino~. [Mayor Lessard and Commissioner Eckstein returned to the meeting.] There being no further business, the meeting was adjourned at 5:43 p.m. Attest: Mayor City Clerk rc The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, January 27, 2003, at 7:00 P.M. in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Art Woodruff Commissioner Randy Jones City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet Dougherty The Chairman called the meeting to order at 7:01 p.m. Approval of Minutes of Work Session and Regular Meeting of December 23, 2002, Town Hall Public Meeting, of January 7, 2003, and Work Session and Regular Meeting of January. 13, 2003. Recommended by the City Clerk and the City Manager. Commissioner Jones moved to approve the Minutes of the Work Session and Regular Meeting of Deeember 23, 2002, the Town HaH Public Meeting of January 7, 2003, and the Work Session and Regular Meeting of January 13, 2003. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Proclamation. Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'flliams Aye Commissioner Jones Aye Commissioner Woodruff Aye Mayor Lessard read a proclamation thanking Michael Skat. the former Chairman of the Planning & Zoning Commission, for his service to the City. Consent Agenda: (1) Approve payments made during December 2002; (2) Approve payment of City Attorney's Statement for the month of December 2002; (3) Approve proposal from Ardaman & Associates for a groundwater and eas monitoring program at Art l,ane landfill in an amount not to exceed $26,989; (4) Approve renewal of agreement with Core Construction Group, Inc. for concrete construction and repair at rates and terms as shown on the a~reement; (5) Accept ownership ofJ. T. AHen Cemetery. (from heirs ofJ. T. Allen) at no cost and authorize staff to proceed with transfer of ownershim (6) Approve agreement with Seminole County Community. Services Department for dai .ly use of Community Service Workers to enhance the Public Works Department work effort; (7) Authorize contract with First Southwest Company for financial advisor services re~arding potential bond issue; (8) Authorize amendment increasing the Sanford Gasification Plant Site Group's agreement with Jacques Whifford Company by $750,577; City share is $97~298.80; (9) Approve "Die~-vback" on an existing Seminole County tree trimming contract to accomplish routine tree trimmine on designated emergency response streets within the City; (10) Approve request for $10~000 from the Neighborhood Improvement Fund for several requested sidewalk safe .ty improvements; (11) Approve E-GIP award in the amount of $11,353 (3% of grant award}; ¢12) Approve expenditure of Neighborhood Improvement Funds in the amount of $18,000 for specified improvements in the Pinecrest neighborhood; (13) Establish settlement authority between the City and Mr. T. James Hip. h in the amount of $23~000 ($13,788 in salaries account balance remaining in 1% performance bonus for FY 02/03 and $9,212 from risk insurance account for FY 02/03) inclusive of compensation payment, retirement contribution~ and attorney fees. Recommended by the City Manager. Commissioner Jones moved to approve Consent Items I through 9 and 11 through 13. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Consent Item No. 10~ removed for separate consideration: Approve request for $10,000 from the Neighborhood Improvement Fund for several requested sidewalk safety improvements. Recommended by the City Manager. Commissioner Jones moved to approve $7,000 for the sidewalk repairs shown in Consent Item No. 10, and to bring the remainder of the items back at a future meeting. The motion failed for lack ora second. Commissioner Jones moved to table Consent Item No. 10 in its entirety. Seconded by Commissioner WSIliams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Citizen participation. Public Hearings. Re: 13.84~ acres of property .lying between Smith Canal Road and St. Johns Parkway and between Central Park Drive and Upsala Road (1185 Upsala Road); Robert J. Maksimowicz~ James N. Figueiredo, and Marie T. Fi~ueiredo. owners/applicants. Second reading and adoption of Ordinance No. 3767 to annex 8.34- acres of the property. Recommended by the City Manager. Ad published January 15 and 22, 2003. Conu~tissioner Jones moved to adopt Ordinance No. 3%7. Seconded by Conu~fissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Second reading and adoption of Ordinance No. 3768 to rezone the property firom AG, Agriculture, and RI-l, Restricted Industrial, to PD, Planned Development, and approve Development Order No. 02-0034. Ad published January 15, 2003. Recommended by the City Manager. Commissioner Jones moved to adopt Ordinance No. 3768 and to approve Development Order No. 02-0034. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Second re~dln~ and adoption of Ordinance No. 3771 to annex 15.04- acres between Celery. Avenue and Daffodil Terrace and between Sipes Avenue and Brisson Avenue (1501 Brisson Avenue); Spirit of Truth Worship Ministries, In% owne~ Pastor Rico Sharp~ Sr, applicant. Ad published January 15 and 22, 2003. Recommended by the City Manager. Cona~fissioner Jones moved to adopt Ordinance No. 3771. Seconded by Conmfissioner W'flliams and carded by vote of the Commission as follows: Mayor-Commission Charter. Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Orlando City Commissioner Ernest Page presented his views on the Strong Mayor form of government, which is the City of Orlando's form of government. [Commissioner Eckstein left the meeting and returned during this presentation.] Public Hearings (continued). Second reading and adoption of Ordinance No. 3773 repealing and reenacting Schedule K~ Sign Regulations~ and Schedule L, Nonconforming Land Use Provisions~ of the Land Development Regulations. ^d publisbed January 15, 2003. Recommended by the City Manager. Commissioner Jones moved to adopt Ordinance No. 3773. Seconded by Commissioner Woodmffand carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye First reading of a development agreement with Suncor Properties~ Inc. and approval of a sale and purchase agreement with Seminole Count. for property, known as the old FPL Building (vacant property..lying between US 17/92 and Park Avenue and between Seminole Boulevard and Fulton Street). Ad published January 19, 2003. Reconunended by the City Manager. Collllllissione~ Jones[ moved to approve the development agreement at the first reading, subject to final approval at the second reading, and to approve the purchase of the Old FPL Building with an appropriate instrument that the City Attorney approves, with the stipulation that the purchase price be placed in escrow by Suncor Properties, Inc. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Regular items. Board appointments. Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Historic Preservation Board. Preservation Board to replace member Mary Valente. Commission as follows: Commissioner Eckstein moved to appoint Stephanie Powers to the Historic Seconded by Commissioner Williams and carried by vote of the Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Nay Commissioner Jones Aye Planning & Zoning Commission. Commissioner Eckstein moved to appoint Eddie R. Green to the Planning & Zoning Commission to replace alternate member Steven D. Vaughn and to appoint Richard F. Huber to replace member Kevin Hipes. Seconded by Commissioner Woodruff. Following comments by former Planning & Zoning Commission Michael Skat, Commissioner Eckstein moved to table the appointments to the March 10, 2003 meeting. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Police Officers' Retirement System Board of Trustees. Commissioner Williams moved to reappoint Mark Nichols and acknowledge the re-election of Daryl Brewer to the Police Officers' Retirement System Board of Trustees. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Firefighters' Retflen~nt System Board of Trustees. Commissioner Woodruffmoved to reappoint Ron Russi and acknowledge the re-election of Robert Vaughn to the Firefighters' Retirement System Board of Trustees. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Add-on items. Information. Ci.ty Attorney's Report. Ci.ty Clerk's Report. City Mana~,er's Report. Citizen Participation (continued). CiW. Commissioners' Reports. Commissioner Jones moved to accept the terms provided in City Manager Anthony Varfl)erworp's letter of resignation, including accrued vacation and eligible sick time according to City policy, and availability of his consulting services by paid leave through the end of April. He subsequently withdrew the motion. Commissioner Woodruffmoved to pay City Manager VanDerworp through the end of April as paid leave, plus 236 hours of vacation time. The motion failed for lack of a second. [Mayor Lessard passed the gavel to Vice Mayor-Commissioner Eckstein and Vice Mayor-Commissioner Eckstein returned the gavel to the Mayor during lengthy discussion of this issue.] Commissioner Eckstein moved to accept City Manager Anthony VanDerworp's resignation as of February 11, 2003 at midnight; to name Deputy City Manager Roger Dixon as Acting City Manager effective February 12, 2003; to pay City Manager VanDerworp a lump sum amount orS11,500 as of February 12, 2003; and to pay City Manager VanDerworp hourly for consulting services on an as-needed basis following February 12, 2003. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Nay Commissioner Jones Aye Commissioner Eckstein moved to pay Roger Dixon the difference between his current annual base salary of $75,000 and $90,000 per year as Acting City Manager beginning February 12, 2003. Seconded by Commissioner W'flliams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye There being no further business, the meeting was adjourned at 9:24 p.m. Attest: Mayor City Clerk rc