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101182-Regular Session/424 MINUTES City Commission, Sanford, Florida October 11 at 7:00 P. M. 19 82 .~,~Tn~'T'Aq"'R T.'~.~AT. AITD'PT.¥ ~,CIMPAN¥ The City Commission of the City of Sanford, Florida, met in Regular Session in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on October 11, 1982. Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner Da~id, T. Farr Commissioner Edwin O. Keith Acting City Attorney Frank Whigham City Manager W. E. Knowles City Cle~:k H. N. Tatum, Jr. Absent: City Attorney?~illiam L. Colbert The meeting was called to order:i~'SY the Chairman. Robert G. Feather, Florida Real EState Ventures of Orlando, Inc., appeared to re- port on the status of property in Lake MOnroe Industrial Park which was formerly owned by the City and on which the City holds an option to re-purchase if construction is not begun by March'l, 1982, as follows: 1)Interest rates, are on the way down, which makes the project more feasible. 2)Doesn't see any problem meeting the March 1, 1983 deadline. 3) He has received no notice from Eogham Kelly, Architect, and can find no record in the court house, of a lien purported to have been filed against the property by Mr. Kelly. Further, Mr. Kelly is no longer his architect, he does owe him money, but Mr. Kelly had agreed that helwould not have to pay it until he had income from a partner. 4) He is actively looking for a joint venture partner, with ex- perience in the life care bUsiness, to provide the approximately $350,'000.00 needed to pre-market the unitS. 5) He has invested $220,000.00 SRr~:the propertY, and there is an 18% mortgage in the amount of $150,000.00 on the property, and he is not going to jeopardize his investment. The Acting City Attorney reported that if the amount of a .~ien and/or a mortgage is less than the amount the City would pay to repurchase the property, the City is covered, but if the amount is more, it could be a problem for the City. Further, that a lien or mort- gage holder probably knows about the City's option to repurchase the property for $100,000.00 and will probably subrogate their interest to the City's prior option. Request submitted from Mr. Barnett, The Book Mark, 107 Magnolia Avenue, to waive the license fee for a Going Out of Business Sale license, for sale beginning October 10, 1982 and ending October 31, 1982. The Licensing Official reported the business has a current occupational license. Commis. sioner Yancey moved to waive the license fee as requested. Seconded by Commissioner Keith and carried. Requests submitted for time extensions on condemnations as follows: 4-2.5, MINUTES City Commission, Sanford, Florida October 11 at 7:00 P. M. _19_ 82 MlOti'rA'l'~ LIiGAL' ~UPIfLY (.;LIMI-'AIN ¥ Group Report No. No. Address Owner Min Housing Code Insp Recommends 66 81-1010 1018 Maple Ave Raymond Fields, Jr final 90 days 68 82-1030 2532 Sanford Ave Steve Grief 90 days 69 82-1039 1524 Douglas Ave Betty Swift. 90 days 69 82-1043 2933 Orlando Dr Sun Belt Properties final 90 days Recommended by the City Manager. On recommendation of the City Manager, Commissioner Yancey moved to authorize same. by Commissioner Smith and carried. Seconded Memo dated October 4, 1982 submitted from the Building Official to the City Clerk, that B. L. Perkins and W. M. Philips terms of membership on the Board of Adjustment will expire in November, 1982. Commissioner Smith moved to re-appoint Mr. Perkins and Mr. Philips for three year terms. Seconded by Commissioner Yancey and carried. Recommendation submitted from the Planning and Zoning Commission as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: Oct. 8, 1982 City Clerk Zoning Inspector P & Z Meeting of Oct. 7, 1982 RECOMMENDAT IONS Recommend that the Planning & Zoning Commission set a Public Hearing to consider rezoning the east side of French Ave. from 15th St. to 18th St. to the middle of the alley, and from 18th St. to 25th St. on the east & west sides of French Ave. to the middle of the alley. The Board recommends this rezoning to make both sides of French Ave. from 15th St. to 25th St. all GC-2. Several existing areas on French Ave. are spot-zoned.- Commissioner Smith moved to authorize a public hearing to be held November 22, 1982 to con- sider same. Seconded by ,Commissioner Yancey and carried. The Mayor reported that the planning and Zoning Commission had indicated it would not be in favor of rezoning the abandoned Atlantic Coast Line Railroad right-of-way, now City property, lying South of 25th Street between the Old Lake Mary Road and the City Cemeter, Commissioner Yancey moved to remove from table, consideration of replacing the draperies in the Civic Center annex. Seconded by Commissioner Fart and carried~. Commissioner Yancey moved to replace said draperies and to authorize transfer in amount of $2,101.50 from Contingency for same. Seconded by Commissioner Smith and carried. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, Minutes of meeting of September 27, 1982 were approved. On motion of Commissioner Fart, seconded by Commissioner Smith and carried, Voucher~ for the month of Septem.ber, 1982 were approved, as follows: /426 MINUTES" City Commission, Sanford, Florida October 11 at 7:00 P. M. 19. 82 ~J/IT~TAT]~ T,~.t~,AT. ~TTPPT.¥ F, OMPANY General Fund, Flagship Bank of Seminole-DT, Voucher No. 8457.thru 8468. Refuse Collection & Disposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 250 thru 254. Water and Sewer Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 2081 thru 2086. Policemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 594 and 595] Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, VOucher No. 423 and 424. Central Paying Account, Flagship Bank of Seminole, DT1, Voucher No. 36832 thru 37268. Renewal & Replacement, Flagship Bank of Seminole, Voucher No. 217. 1953 Sinking Fund Reserve, Flagship'Bank of Seminole, Voucher No. 54. lows: Chuck Volk, operator of the Sanford Marina, appeared and presented plans as fol- a) Addition of 82 berths in the east harbor, at no cost to the City. b) To bring in a 114 foot excursion boat for dinner, dancing, and cruises. They will dredge the east harbor and channel to ac- commodate the boat, and relocate the fuel pumps. c) Request the City to extend water and sewer services to the general location of the present fuel pumps. On recommendation of the City Manager, Commissioner Farr moved to authorize (a) above, under the same terms and conditions of the present agreement and as part of the existing agreement, and to authorize (b) and (c). Seconded by Commissioner :~$mith and carried. The City Manager reported that Wes Rinker, D.B.A. Wes Rinker Florida Baseball Schoo Municipal stadium lessee, had signed the letter of agreement to extend the lease payments from five years at $9,600.00 per year to seven years at $5,485.71 per year. The Mayor asked if additional interest was figured into the extended payment schedule and the City Manager reported it was not contemplated. Commissioner Smith moved to approve, pursuant to FS 163.3191, the City of Sanford Evaluation and Appraisal Report of Comprehensive Development Plan dated September, 1982. Seconded by Commissioner Yancey and carried. The City Manager reported that Metro Systems, Inc. has failed to .~perfOrm_~ main- tenance on existing benches at bus stops and has failed to file proof of insurance certifi- cate with the City as required in lease executed February 9, 1981, further, that written notice was served on Metro Systems, Inc. on August 19, 1982 and there has been no response. MINUTES City Commission, Sanford, Florida October 11 at 7:00 P. M.19.82 I¥IJ[D$TAT~; /~EGAL SUPPLY COMPANY ' Bo Speir, representing the Jaycees, appeared and reported the Jaycees receive $150.00 per month for benches with advertising, they do not want the benches removed, and requested time to try to ascertain and clarify their position. Commissioner Smith moved to authorize a 30 day notice to Metro SYstems, Inc., telling them under what conditions the City will agree to reinstate the lease. Commissioner Yancey and carried. On recommendation of the City Manager, Commissioner Keith moved to authorize to increase the minimum special refuse collection fee from $5.31 to $6.73 per half hour. Seconded by Commissioner Yancey and carried. The City Attorney submitted a letter pertaining to the roof at the Sanford Law Enforcement Complex as follows: Seconded by Stenstrom, M¢lntosh, Julian, Colbert Whigham, E X. Xttorneys and Counsellors at Law Douglas Stenstrom ~lliam L.Colbert Kenneth W. Mclnk>sh Ned N. Julian, Jr. Prank C. Whigham Clayton D. Simmons Thomas E.Whigham Suite 22 rlagship Bank rosl Office Box 1330 Sanford, rlorida 32T/1 (305) 322-2171 October 4, 1982 Warren' E. Knowles City. Manager CitM!9,f~ Sanford Post Office Box 1778 Sanford, Florida 32771 Dea.r Pete: I have now had the opportunity to review the information you provided concerning the roof leaks at the Sanford Police Department. Based on this information I believe the'chance of a meaningful recovery from a.ny of .the parties involved would be extremely remote and I there- fore recommend against any legal actidn. There are several significant factors I have considered in reaching this concludion. First, there is a four year statute of limitation on bringing an action such as this. Once the four years expires the action is forever barred. The time would start to run when the leaks were discovered or should have been discovered. In this case the roof is .approximately eight years old and leaks occurred almost immediately taking it beyond th~ four year period. Second, the potential recovery would not be the cost of a new roof ($17,000), but would be the cost of proper repair or replacement of the roof when the leaks were discovered. A new roof at the time the leaks were dis- eovered would have been approximately $11,000, if proper repairs could have been made for less, we would be bound by the lesser figure. Third, at this point the actual cause of the leaks is speculative at best, :To be able to have expert analysis as to the cause and competent testimony in court would be expensive ($2,000 for analysis, plus cOurt time). Fourth, the cost of litigation in this type of case would be expensive and could easily exceed any potential recovery. MINUTES City Commission, Sanford, Florida Oc_to__be_r il.at 7:00 P. M~_19. 82 We'would need to sue any party having something to do with the roof including the architect, general contractor, sub- contractor, material supplier and material manufacturer. For these reasons, as I indicated above, I recommend against any legal action. Sincerely, STENSTROM, McINTOSH, JULIAN', COLBERT & WHIGHAM, P.A., William L. Colbert /pkc No action was taken by the Commission. On motion of Commissioner Fart, seconded by Commissioner Keith and carried, Ordi- nance No. 1617, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLE XI, SECTIONS 2-171 THROUGH 2-180 OF THE SANFORD CITY CODE, AS AMENDED, TO COMPLY WITH THE PROVISIONS OF CHAPTER 82-37, LAws OF FLORIDA, ADOPTED BY THE 1982 LEGISLATIVE SESSION TO PROVIDE FOR A "LOCAL GOVERNMENT" CODE ENFORCE- MENT BOARD; DEFINING ITS INTENT; PROVIDING FOR SEVEN MEMBERS AND THEIR TERMS OF OFFICE; PROVIDING FOR THE CONDUCT OF HEARINGS; FINES OF UP TO $250.00 PER DAY WHICH BECOME LIENS AGAINST RF~AL OR PERSONAL PROPERTY FOR A DURATION OF TWO YEARS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced-and placed on first reading. The City Manager submitted a report on increased level of services for curb trim~ ming, parkway mowing, ditch mowing, parks mowing and tree work as follows: Public Works - Street Division: a) Trimming of curb lines, parkway, swale, and ditch line mowing/or spraying. If this is done, to use both mechanical and chemical control methods. This will be in addition to present work and equipment: Personnel - 3 (see trees) Equipment - initial cost Chemicals Sub-Total $ 35,113.65 107,171.98 23,604.00 $165,889.63 b) Tree work Personnel - 3 (above) . -- Equipment 60,000.00 Total $225,889.63 If City was to go into the tree work full time and ~ot just on complaint basis, the City would require 3 men full time for that purpose. Added cost $ 35,113.65 MINUTES City Commissioh, Sanfo~'d, Florida October 11 at 7:00 P. M. MIDSTATE LEGAL SUPPLY COMPANY II Recreation and Parks - Parks Division To increase the frequency of the mowing schedule - Personnel - 3 employees Equipment - initial Chemicals, mulch, etc. Parks Total Initial costs: Total of all increases If tree work is full time, all services city-wide: $ 32,256.00 26,300.00 6,150.00 $ 64,706.00 $290,595.63 $325,709.28' Following. annual costs, without equipment purchases, but with equipment maintenance and operational costs: Total all services: Personnel Equip. maint.- 10% $ 97;123.65 19,347.00 Total $116,470.65. If tree work is full time, all services: Personnel Equip. maint. - 10% $132,237.30 19,347.00 Total $151,584.30 III Tree work - contracted out: a) Davey Tree Service estimates they could perform our mu'nicipal tree work of trimming and removal with personnel and equipment .for $1,400.00 per week, 40 hour week, 2 man crew. TMs computes to $72,800.00 per year. b) If tree work is on a complaint basis only, this work may be performed in only 15 weeks throughout the year or $21,000.00 annually. IV Liability The education of the public and the abutting property owners as to their responsibilities as underlying fee title to the center line of a street and that a city holds only an easement for road purposes over that land - this will take effort no matter which direction the City Commission chooses. It resolves to handling tree complaints carefully and with written notices and information to the abutting property owners as to their responsibilities for trees on the abutting parkways. It may be necessary for the City to disclaim responsibility and follow with a Court case to eastablish the point; but this should be avoided; if'possible. A second approach would be for a City to accept responsibility an~ liability for trees on the right-of-way. Some cities do this. See the attached papers on a current survey of four communities in our area. Note that Winter Park has gone all the way and their taxpayers have funded a full tree program at an annual cost of $197,000.00. The degree of work to be done would establish the cost; - possibly between zero and $200,000.00. It is a case of what do you want? SUMMARY: , Whatever increased level of'service in Whatever function can be accomplished. If the City Commissio~ wishes to specifically establish a change; the needs-and costs can be determined. Increased services do mean increased costs and there are no hidden corners to cover these. / 430 MINUTES City Commission, Sanford, Florida October 11 at 7:00 P. M. 19 82 MID~TATE T,EGAT, gTTPPT.¥ ff~M'PAN¥ one"~'ii'~-'~-~-equal to $237,487.07 in our 1982-83 budget. Therefor, the programs the City Commission inquired about could have a cost .of: a) Initially - 1.371 mills b) Following - opr. - 0.490 mills c) Or somewhere in between It is my conclusion that the public does not want to pay high taxes and, therefor, the present level of services is adequate; although everyone would appreciate more. Future budgets are going to create more difficult times.for elected officials to maintain today's level of services or millage rates. The Commission authorized the City Manager to obtain information oS the costs which other communities assess for mowing services. On recommendation of the Parks and Recreation Director, Commissioner Keith moved to authorize discussion with Ail Souls Church for a lease of the city park at Ninth Street and Park Avenue, whereby they would perform maintenance and indemnify the City for liability. Seconded by Commissioner Yancey and carried. The Commission designated Commissioner Yancey as the City's voting delegate at the Florida League of C'ities meeting in Miami from October 28 through.30, 1982. After discussion, Commissioner Farr moved to authorize the City Attorney to pre- pare a lease to Glen McCall, of 400 feet of the abandoned railroad right-of-way lying north of 25th Street, with the same conditions as set forth at meeting of September 27, 1982, and to authorize the Mayor to execute same. Seconded by Commissioner Smith and carried. The City Manager reported that the Civil Service Board has approved items as fol- lows: 1) A staff revision of the Civil Service Board Rules and Regulations to update and bring into compliance with various laws.. 2) Reinstituted written employment examinations for the Fira and Police Depart- ments. 3)Instituted a job rela~ed physical agility test for all applicants to the ~.~ire and Police Departments who successfully pass the written exam. Request submitted for a street light on Lake Avenue between 20th Street and 22nd Street. The City Manager reported that the effectiveness of the street light to the south is smothered by a full tree next to the light. On recommendation of the City Manager, Commissioner Smith moved to deny the request and to authorize to relocate the street light on the West ~ide of Lake Avenue between 20th Street and 22nd Street to the North side, and to relocate the street light on the South side of 22nd Street at Lake Avenue to the North- west corner of Lake Avenue and 22nd Street. Seconded by Commissioner Yancey and carried. MINUTES City Commission, Sanford, Florida October 11 at 7:00 P.M. 19 82 MIDSTATE L~L;AL ~UPPLY COMPANY On motion of Commissioner Farr,.seconded by Commissioner Smith and carried, Reso- lution No. 1338 was read in full and adopted. as follows: Said resolution being in..::words and figures RESOLUTION NO. 1338 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, COMMENDING SUPERINTENDENT ROBERT W. HUGHES, SEMINOLE COUNTY TEACHERS, AND SEMINOLE COUNTY STUDENTS FOR THE OUTSTANDING PERFORMANCE DIS- PLAYED BY SEMINOLE COUNTY STUDENTS FOR THIS YEAR'S SCHOLASTIC APTITUDE TEST. WHEREAS, it has come to the attention of the City Commission of the City of Sanford, Florida, that this year the students of Seminole County scored 916 on the Scholastic Aptitude Test; and WHEREAS, students of Seminole County improved their verbal and math scores over their performance of the 1980-81 test by seven (7) points; and WHEREAS, Seminole County students averaged 435 on the verbal portion and 481 on the math portion of the test; and WHEREAS, their performance on the test was significantly higher than neighboring counties, the'state, and all other students taking the test'throughout the nation; and WHEREAS, the City Commission of the City of Sanford, Florida, is Justly proud of the students, teachers, and school administrators. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, that the City Commission of the City of Sanford, Florida, hereby acknowledges and commends Superintendent Robert W. Hughes, Seminole County Teachers, and Seminole County Students for the outstanding performance dis- played for this year's Scholastic Aptitude Test. BE IT FURTHER RESOLVED that copies of this Resolution be presented to Superintendent Robert W. Hughes, and Principals of the High Schools located in Seminole County, Florida, and that a copy of same be entered in the minutes of the proceedings of the City Commission of the City of Sanford, Florida. THIS RESOLUTION adopted this llth day of October , A.D., 1982. MAYOR '-~ ATTEST: The City Manager submitted the final plat of Hidden Lake Villas Phase I and Phase II and reported that everything has been completed and has been approved by Staff. Commissioner Fart moved to approve the plat and to authorize the Mayor and City Clerk to execute same. Seconded by Commissioner Smith and carried. There being no further business, the meeting Was adjoU/~ned.