080883-Regular Session MINUTES
City Commission, Sanford, Florida
009
August 8 at 7:00 p. M. 19 83
City Hall
Herald
The City Commission of the City of Sanford, Florida, met in Regular Session in the
in the City of Sanford, Florida, at 7:00 o'clock p. M. on August 8, 1983.
Present: Mayor-Commissioner Lee P. Moore
Commissioner Milton E. Smith
Commissioner Edward A. Yancey
Commissioner David T. Fart
Commissioner Edwin O. Keith
City Attorney William L. Colbert
City Manager W. E. Knowles
City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
A public hearing was held in accordance with notice published in the Evening
on July 22, 1983, as follows:
PUBLIC NOTICE
Notice is hereby given that the
Sanford Airport Authority budget for
FY 1984 will be reviewed by the
Sanford City Commission in the City
Commission Room, City Hall, San-
ford, Florida, on Monday, the 8th day
of August, 1983 at 7:00 p. M.
J. S. Cleveland, A.A.E.
Director of Aviation
Sanford Airport Authority
Publish July 22, 1983
The Chairman announced that the
to speak in favor of, or in opposition to, the proposed budget.
Marvin Greenstein, Assistant Manager, Sanford Airport Authority,
support the proposed budget.
Commission would hear from those persons present
appeared to
Commissioner Smith moved to approve said budget. Seconded by Commissioner Yancey
and carried.
A public hearing was held in accordance with notices authorized at meeting of
25, 1983, to consider condemnation of structures or buildings on Condemnation Group No.
Reports Nos. 83-1096 and 83-1097, 83-1099 through 83-1102, and 83-1105 through 83-1112
Chairman '
thereof.
July
74,
The
announced that the Commission would hear from property owners or representatives
A review of the reports were as follows:
REPORT NOS.
83-1096
83-1097
83-1099
83-1100
83-1101
83-1102
83-1105
83-1106
83-1107
83-1108
83-1109
83-1110
83-1111
ADDRESS
2638 Laurel Avenue
219 West 5th Street
1517 Bell Avenue
513 Oak Avenue
1010 Hickory Avenue
414 East 8th Street
.152 Country Club Circle
2406 Decottes Avenue
1324 Oleande~ Avenue
1310 Southwest Road
1219 West 10th Street
1606 West 13th Place
9WNER
Marvin W. & Pauline R. Conner
Ida L. Gaiens, Heirs
Roosevelt & Eva Williams
Lon K. & Jacqueline Howell
Arthur Lee Harris &
Gertrude Haywood
Ella M. Roberts
Bento &~Eva M. Goncalaves
Mellon Financial Sers. Corp.
Robert & Lizzie Sanders
John Morgan & Ida Mae
Morgan & Celeste M. Burke
Ralph A. & Monna W. Jarvis
John C. Black, Heirs
Attn: Nellie Black
7:00 P- M. 1983
MINUTES
City Commission, Sanford, Florida
August 8 at
Lon Howell, owner of property at 513 Oak Avenue, Condemnation Report No. 83-1100,
appeared and reported the building which was cited has been torn down.
After consideration, Commissioner Keith moved that finding the buildings under
Condemnation Reports Numbers 83-1096 and 83-1097, 83-1099 through 83-1102, and 83-1105
through 83-1112 to be unsanitary, unsafe and delapidated, that said structures be condemned
and the owners given 90 days in which to repair or demolish said structures; and if the
structures are not repaired or demolished within 90 days, to authorize the City to demolish
same and levy a lien against the property. Seconded by Commissioner Yancey and carried.
Notice of Appeal of a Variance Denial by the City Manager next submitted as
follows:
NOTICE OF APPEAL
TO:
City Commission
Sanford City Hall
Sanford, Florida.
AMERICAN DEVELOPMENT, LTD., pursuant to the provisions
of Section 22-19 of the Sanford Code, appeals a variance denial
by the City Manager and enforcement of said cod~ relating to the
maintenance of an existing sign upon the real property described
on Exhibit "A" attached hereto .and incorporated herein. Petitioner
would show:
1. That
described on Exhibit
signs designating and locating
and east of said property.
2. That approximately
for a number of years it has owned the property
"A" and has maintained thereon identifying
a mini warehouse project tolthe south
one year ago D.
Brent Carli, d/b/a
Carli's, offered to purchase said property from Petitioner for the
purposes of expansion and other related matters with reference to
the business done by Carli's. Petitioner refused to sell said
property to Carli's because of the necessity of maintaining an
identifying sign for said mini warehouse project upon said prsperty
and the refusal of Carli to permit a reservation therefor in the
transaction.
3'~ Recently, after considerable negotiation, the determina-
tion was made to sell said property to Carli so long as a suitable
arrangement for the continued maintenance of an identifying sign
could be reached. Such negotiation resulted in the express
reservation by Petitioner of such right to maintain said sign for
a period of five years after closing. The contract language is as
follows:
"Seller reserves the right to maintain a sign
not larger than 6 x 12 feet and of approximately
$2,500.00 (Twenty-five hundred dollars) in value
on the premises according to all .city, county,
and state codes advertising its mini warehouse
operat~ion.for a pc_~riod of 5 (five) years commencing
MINUTES
City Commission, Sanford~ Florida
O1 !
4. Closing of the transaction occurred approximately
May 23, 1985. Said sign was constructed prior to said date
although without a city permit as is hereinafter explained.
S. :An employee of Petitioner, Mr.'Carl Pittman, in
1982 applied for and received a sign permit for the same relative
location. Such permit expired without Petitioner being advised
of such fact by Mr. Pittman. At the time of clo~ing, Petitioner
did not realize that a permit for the location of said sign had
not been obtained by Mr. Pittman nor did Petitioner know that the
conveyance of said property without a properly located sign pursuant
to permit would constitute a violation of the existing city code.
Had Petitioner realized the said sign could not effectively be
maintained identifying the location of the mini warehouse project,
the property would not have been sold to Mr. Carli.
6. If said sign is required to be removed, Petitioner
will be irreparably damaged in that there is no way that Petitioner
effectively can identify the location of the existing mini warehouse
facility. Because of the property right reservation in the trans-
action and because of the undue hardship which will result if said
sign is removed, Petitioner submits that an administrative variance
by the City blanager, as contemplated by said sign ordinance, would
be compatible with the intent of the sign ordinance and would be
compatible with the interests of the inhabitants of the City of
. Sanford.
lfl~EREFORE, Petitioner.requests that the
authorize the issuance of a variance permitting
maintenance of said sign as the same
the completi, on of all necessary items
sign permit.
and
City Commission
the locating and
presently exists and directing
for the issuance of a valid
AMER L T, LTD.
W.C. Hutchi~'On, J~.' ~ /
HUTCHISON & MAMELE /
230 North Park Avenue
Post Office Drawer H
Sanford, Florida 32771
(305) 322-4051
Attorneys for Petitioner
The undersigned certifies that the foregoing is
correct to the best of his knowledge and belief.
DATED this 4th day of August, 1983.
true
~'.C Hutchis , .
012 7:oo P.M. 1983
MINUTES
City Commission, Sanford. Florida
August 8 at
W. C. Hutchison, Jr., Attorney, appeared to support the petition and reported he
represented the Petitioner, American Development, Ltd. Further, that the person seeking the
variance was the former property owner who had a valid sign permit for the sign, which
through inadvertance was allowed to expire before the sign was installed, and that if the
sign had been properly permitted when it was installed, they would not need the requested
variance. Further, upon transfer of title to the property, the owner had retained the use
of a portion of same for five years for said sign.
After discussion, Commissioner Farr moved to grant the request, in keeping with
the intent of the sign ordinance. Seconded by Commissioner Keith and carried.
Request submitted for a time extension on Condemnation Report No. 82-1051, 907
West 12th Street, Henrietta McCloud, owner. On recommendation of the City Manager,
Commissioner Farr moved to authorize a 90 day time extension, with the stipulation that
proper permits are obtained and repairs begun within the first 30 days, and that if there is
no acceptable progress, the extension will be brought back to the Commission for their
rescinding of the extension and direction to demolish. Seconded by Commissioner Yancey and
carried. Memos submitted from the Building official to the City Clerk, dated August 3 and 8
reporting that a member of the Board of Adjustment and Appeals, Julius Nill, had passed
away, and therefore a vacancy exists on said board, and submitting the name of James Barks
P. O. Box 2279, Sanford, Florida, to fill the vacancy. Commissioner Farr moved to appoint
James Barks to the Board of Adjustment and Appeals. Seconded by Commissioner Smith and
carried. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried,
Minutes of July 25, 1983 were approved.
On motion of Commissioner Farr, seconded by Commissioner Yancey and carried,
Vouchers for the month of July, 1983 were approved, as follows:
General Fund, Flagship
Refuse Collection and
No. 296 thru 300.
Bank of Seminole, Voucher No. 8566 thru 8573.
Disposal Fund, Flagship Bank of Seminole, Voucher
Water and Sewer Revenue Fund, Flagship Bank of Seminole, Voucher No.
3037 thru 3040.
Bank of Seminole, Voucher No. 608.
Polmcemen Pension Fund, Flagship
Firemen's Relief and Pension Fund, Flagship Bank of Seminole, Voucher
No. 435.
Central Paying Account, Flagship Bank of Seminole, Voucher No. 41475
thru 41885.
utility Trust Fund, Flagship Bank of Seminole, Voucher No. 102.
The City Manager reported that DER had reviewed the results of the soil tests
the Douglas Fertilizer site at 2200 Country Club Road, and found the nitrate level to be
2,000 parts per level, with normal nitrate level of 10 parts per million. Further, that
Liquid Foods maintains that the clean-up is the responsibility of Douglas Fertilizer, and
there is no way Liquid Foods can lease or purchase the property until it is cleaned.
Spencer
for
Douglas, Douglas Fertilizer, appeared and reported he has spoken to DER
1983,
MINUTES
City Commission, Sanford, Florida
and they do not know the procedures or who to contact to clean up the property,
does not classify it as hazardous. Further, they have done some clean-up work,
building will be securred and the City can inspect and verify same on August 9, 1983.
Commissioner Yancey moved to table consideration of Condemnation Report No.
1095, 2200 Country Club Road. Seconded by Commissioner Keith and carried.
The City Manager reported that Mrs. Joyce Bautista, 119 Mayfair Circle, had
requested the City to consider a program for the City to install a drainage culvert
the length of the ditch on private property behind the houses on Mayfair Circle,
property owners to repay the City over
their monthly utility bill.
further,
and the
83-
with the
a period of several years, possibly with a fee on
Further, when the contractor developed Country Club Manor it was outside the City,
and he used this wet property for a ditch to drop the water table, and if the drainage ditch
is piped, it may cease to function as a means to drop the water table, and the ground could
become saturated, spongy and detrimental to structural facilities in wet weather.
Commissioner Yancey moved to table same. Seconded by Commissioner Keith and
carried.
On recommendation of the City Manager, Commissioner Smith moved to authorize the
Mayor to execute a letter to the Department of Environmental Regulation, Tallahassee,
Florida, for a request for Site Specific Alternative Criteria for Lake Monroe, Sanford,
Florida. Seconded by Commissioner Yancey and carried.
The City Manager submitted a request from the Marina operator to dredge the West
basin and same was held for additional information.
The City Manager submitted a memo dated July 27, 1983, from the Director of
Recreation and Parks, as follows:
DER
C. ITY OF SANFORD
DEPARTMENT OF RECREATION AND
PARKS
MEMORANDUM
DATE July 27, 1983
FROM: Director
TO: City Manager
'S~BJECT: Immediate need for equipment
Director of.Recreation would like to inform City Manager
of the.need for immediate action on s61~ing our problem in
the Parks Division on lack of Operating equipment.
At full strength we have 2 tractors that tow 7' flail
mowers; 2 yazoos (riding type) and 2-20." push mowers. This
is the equipment that must be Used to maintain over 100
acres of developed park land~ in the City of Sanford.
Ourstrength at present is as follows;
1-48" yazoo and t-20" push mower
We are presently borrowing tractors
Streets Department as the,, ar ........ from Utilities and
a ~ ~v~±ao~e. Ever~ ay we use .
their equipmen% they cannot mow the'ri bt- _
as they are required , g of wa~s, alleys, etc
The Parks tractors consisted of 1 Case diesel and 1 Long
diesel. .
Old
MINUTES
Cit~ Commission, Sanford~ Florida
August
8 at 7:00 P. M.
1983
On July 1, 1983 the Case tractor, vehicle #165 accidentally
went into Lake Monroe causing severe damage in amounts over
$4,000.00 to repair.
'On July 5, 1983 the Long'tractor,'vehicle #166 lost its
clutch and h~s been down since that time. The cost to repair
is over $800.00. This tractor was for replacement October 1, 1983.
Based on down time, and delay in parts assessibitity it would
mean spending $800.00 for less than a month's service. The
Director recommended not repairing but replace as scheduled-
On the Case tractor #165 Dire6tor recommends having the
insurance company declare it a total and replace.it rather than
pouring $4,000.00 into an unknown quanlty.
We are"in need of mowing power which we do not have at
~resent[%ime-
Commissioner Farr moved to advertise for bids for immediate purchase of two
replacement tractors and to authorize transfer in amount of $9,500.00 from Contingency and
purchase the other one from the 1983-84 budget. Seconded by Connnissioner Keith and carried
On recommendation of the City Manager, Commissioner Smith moved to authorize
as follows:
salary reclassifications
Henry Tamm, Finance Department, from Finance Director E to F, $39,029.54
annual.
Robert Herman, utility Department, from Sewer Superintendent E to F,
$22,523.16 annual.
Seconded by Commissioner Fart and carried.
On recommendation of the City Manager, Commissioner Fart moved to authorize two
additional street lights, one at the Southwest corner of the intersection of 28th Street and
approximately 300 feet South of
letting a private contractor
opinion on
Sanford Avenue and one on the West side of Sanford Avenue,
28th Street. Seconded by Commissioner Smith and carried.
The Commission next discussed the possibility of
franchise the refuse collection and disposal. The City Attorney submitted an
exclusive and non-exclusive franchises as follows:
Stenstrom. Mclntosh. Julian. colbert Whigham, 1:'. k.
Mlorneys and C~tms~llor5 at Law
Do~as Stens~om ~nne~ ~,~cln~sh Ned~.jalian. Jr.
William L.~lbe~ rmnk C. Whi~am ClaSh D. Simmons
~omas
Sai~ 22 rla~hip Bank
Sanford.~o~da 3~1 (305) 322'21~
Post Office Dox 1330
August 8, 1983
Mr. Warren E. Knowles
City Manager
City of Sanford
Sanford, Florida 32771
Re: Exclusive/Non-exclusive Franchises
Dear Pete:
Pursuant to the request of the City Commission, I have reviewed the question
of whether or not a referendum is required before the City could award an
exclusive or non-exclusive franchise- I have reviewed the City Charter
and the Florida Statutes and have found no limitation on the award of
franchises that would require a referendum prior to the award. I am~
_~_~ ~hnt no referendum would be necessary-
MINUTES
City Commission, Sanford, Florida
015
August 8 at 7:00 p.M. 19 83
I did find in Chapter 180, Florida Statutes, that municipalities are
authorized to provide for the collection and disposal of garbage (F.S.
180.06(6) and that the service can be by the municipality or a private
company. There is a provision that a referendum would be required if
money used to Construct or improve the service was to be financed by
mortgage revenue certificates or debentures (F.S. 180.11). The referen-
dum. however, would be on the question of financing, not on the award
of a franchise itself.
A franchise, if granted, should be by ordinance passed with all the for-
malities of any other ordinance (notice, public hearing, two readings,
etc.) .
If a franchise is to be awarded, care should be taken to establish Stan-
dards for services to be provided and adequate surety bond provisions
in the event of default by the franchisee. This would be done at the
time bid specifications are prepared and could also be incorporated into
any franchise ordinance.
If I may be of further assistance, please feel free to contact me.
Sincerely,
STENSTROM, . ~TOSH, JULIAN, COLBERT & WHIGHAM, P.A.
m L. Colbert
/pc
The Commission stated it is not interested in pursueing a refuse collection and disposal
franchise by private entities.
The City Manager submitted a proposed City Shop reorganization plan, as follows:
August 5, 1983
M___E M 0 R A N D U M
To:
From:
P~:
Sanford City Commission
City Manager
City Shop reorganization
The city manager appointed a team to review existing city shop operations to
reduce costs and improve productions. Concerned by the Shop budget and low repair
production, the team has worked on this matter for more than two months. On July 28,
1983, they presented a recommended reorganization of shop work. A copy is attached.
The City of Sanford had 136 pieces of rolling stock plus 100 pieces of minor
equipment. 11 vehicles were taken out of this by allotments to utilize privately
owned cars for city work with all costs of purchase, insurance, fuel, repairs,
registration, etc., borne by the owner/employee. This left 125 vehicles, plus
the 100 pieces of minor equipment.
Under the fire and utility budgets are salaries for two mechanics. These,
added to the Shop budget for 1983-84, became $197,228.39 plus parts for vehicle and
equipment maintenance.
The Fire Department would like to maintain their own equipment and 3 firefighters
offered to do this work. A plan has been worked out to return 13 fire department
vehicles to the department for maintenance; plus these 3 firemen will service and main-
tain normal repairs on the 'police administrative (6) and police investigative (8)
vehicles. This is a total of 27 vehicles to fire department maintenance. In return,
the three firefighter/mechanics will be paid $1,000.00/year plus scheduling changes, etc.
This has been well-received by these men. With this change, the current mechanic position
will be transferred to the Shop. Net reduction - ~18,310.68.
8 at 7:00 P- M. 1983
MINUTES
City Commission. Sanford, Florida
August
2. with the fire and utility mechanic included in the count, currently there are 9
f--ull time employees at the Shop. with the changes, three of these positions can be
eliminated with reduction in budgeted needs. It is proposed to eliminate the positions
.of:
1 - Shop Supt.
' 1 - Automotive mechanic
1 - Maintenance worker
25,674.28
17,267.47
12,775.32
Net reduction $ 55,717.07
3. It is also planned to eliminate a pickup truck replacement with this
-- _ .................. $ 6,871.00
reduction
4. The position of a lead mechanic is to be created with salary and benefits
adding $2~076.24
3 firefighter machanics -- add
Reduce fire budget - mechanic
Net fire budget reduction
$ 3,507.75
21,818.43
$ 18,310.68
Shop budget:!
Add lead mechanic additional
Reduce -- Supt. $25,674.28
Mechanic 17,267.47
Mt. Wk. 12,775.32
Reduce - pickup truck
NET REDUCTION -- $
2,076.24
55,717.07
· 6,871.00
78,822.51
The city manager recommends acceptance of this reorganization to be
effective on October 1, 1983.
All employees will follow the written procedure f~r layoff whereby they
can go back to their previous job if they desire to do so and it then is a
bumping system on seniority with all placed on a special re-employment list
for future openings. This plan has been discussed with the Shop personnel
and explained in detail.
On recommendation of the City Manager, Commissioner Smith moved to adopt said plan,
effective October 1, 1983. Seconded by Commissioner Yancey and carried.
The Commission authorized the City Manager to prepare a report on needs and uses
of the proposed County local option 4¢ gas tax.
The City Manager reported that the premiums for the group health insurance under
Florida Municipal Health Trust Fund, will increase on October 1, 1983, as follows:
Current Group__Health
4~A +
Proposed
with Same Benefits
15% +
Proposed
with 80/20 across
the board
EMPLOYEE
48.46/mo.
67.84/m0.
55.72/mo.
A 15% increase was budgeted in FY 83/84- If we keep
existing coverage employee cost will be 40% higher
(25% above what was budgeted)- By reducing benefits
to remove 1st dollar coverage on hospitalization and
..... ;~ we can keep increase down to 15% which is
DEPENDENT
MINUTES
City Commission, Sanford, Florida
August 8 at 7:00 V. H. 1983
86.82/mo.
3~ +
112.87/mo.
1~ +
95.50/mo.
Budgeted: 55.72 per employee per month
Proposed increase with existing benefits: 67.84
Difference between rates: $12.12/mo X 12 X 275 = $39,996
Based on existing rates:
48.46/mo per employee
67.8~/mo proposed increase with existing rates
19.38/mo difference X 12 X 275'= $63,954.
Commissioner Keith moved to reduce the benefits whereby the employee will pay 20% of the
first $5,000.00, and insurance will pay 80%. Seconded by Commissioner Smith and carried
over dissenting vote of Mayor Moore.
Recommendations dated August 5, 1983, submitted from the Planning and Zoning
Commission as follows:
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
Aug. 5, 1983
City Clerk
Zoning Inspector
Planning & Zoning Meeting of Aug. 4,
1983
RECOMMENDATIONS
Recommend a moratorium be placed on the issuance of building
permits to convert from single-family to multi-family in the
area generally located between the east side of Laurel Ave. to
the alley between Palmetto and Sanford Ave. from 4th St. to
13th St. until the rezoning question is resolved.
Set a Public Hearing to rezone from RMOI, MR-2 and GC-2, to
SR-1 and SC-3, the property generally located between the east
side of Laurel Ave. to the alley between Palmetto Ave. & Sanford
Ave., from 4th St. to 13th St. for the meeting of Sept. 15, 1983.
The City Attorney reported that a moratorium would be processed in the same manner
as rezoning, with proper notices, advertisements and public hearings.
The Commission took no action to declare a moratorium recommended in Item (1),
8 at 7:00 P. M. 1983
MINUTES
City Commissiom Sanfbrd, Florida
August
sznce procedures to declare a moratorium would take longer than
and Zoning Commission to make a recommendation on the rezoning.
Commissioner Farr moved to authorize a public hearing to be held on September
1983 to consider Item (2).
Memo dated August
it will take the Planning
26,
Seconded by Commissioner Yancey and carried.
8, 1983 from the Building official to the City Clerk submitted
as follows:
MEMORANDUM
DATE: Aug. 8, 1983
TO: city Clerk
FROM:
SUBJECT:
Building official
VacanCy'- Central Examining Board
Due to the suspension of his license by the State of FL, Terry Futrell,
Swimming pool Contractor, is no longer eligible for membership on the
Central Examining Board.
The membership term is a two-yr, term and his term would have expired
July, 1984.
I have contacted a certified Swimming Pool Contractor in the area and he
has agreed to serve if appointed.
Thomas G. Rosser Designer pools of Central FL 525 W. Lake Mary Blvd.
Lake Mary, FL 32746
Commissioner Farr moved tc appoint Thomas G. Rosser to the Central Examining Board.
Seconded by Commissioner Smith and carried.
Commissioner Fart moved to appoint Commissioner Keith to represent the Mayor on
August 27, 1983, and present a key to the City and welcome George Storrer, the State Vice
the Benevolent and Protective Order of the Elks, and to authorize purchase of
President of
the key. Seconded by Commissioner Yancey and carried.
There being no further business, the meeting was
adjourned.
MAYOR
ATTEST:
js