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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