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122385-Regular Session274 MINUTES City Commission, Sanford, Florida December 23, 19 85 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 December 23, 1985. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer -~Commissioner Milton E. Smith " Commissioner David T. Farr Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A Public Hearing was held in accordance with the Notice published in the Evening Herald on December 3 an 13, 1985, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock.P. M,-~ on~ December 23, 1985,~ to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: , .~ A portion of that certain property lying between 13th Street and Seaboard Coastline Railroad Right-of-way and between Myrtle Avenue and Elm Avenue is proposed to be rezoned from MR-1 (Multiple-Family Residential Dwelling District) to GC-2 (General Commercial District). Said propertybeing more particularly described as follows: Lots 1, 2, and 3, Block 15, Tier 6, Town of Sanford Public Records of Seminole County, Florida. All parties in interest and citizens shatl~have an opportun- ity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. · ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting o-r hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tatum, Jr. City Clerk Publish: December 3 and 13, 1985. The Chairman announced that'the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. 1985. The City Clerk reported Notices were sent to the property owners.on November 20, Those in favor of the rezoning are as follows: W. E. "Duke" Adamson, 900 Silver Lake Drive, President of Rich Plan Joyce Nicholson, 1310 Myrtle Avenue Jack Horner, 123 Linda Lane, Lake Mary, representing the Chamber of Commerce Those in 0pposition of the rezoning are as follows: Terri Ponzillo, 211 West 14th Street Gene Gibson, 1408 South Oak Avenue Joe Ponzillo, 211 West 14th Street Diane Smith, 1413 Oak Avenue Recommendation to deny the request was submitted from the Planning and Zoning Commission on December 9, 1985. MINUTES City Commission, Sanford, Florida December 23, 275 19 85 Commissioner Farr moved to authorize.the City,Attorney to prepare the proper ordinance to rezone the property. Seconded by Commissioner Thomas and carried. Mr. Ken McIntosh, attorney, appeared to report on the Yankee Lake litigation case management proceedings held in Melbourne, Florida this date. Mr. McIntosh reported all attorneys were present, progress was good. Judge Waddell granted Seminole County participation in the proceedings. The court has authorized the City to file any additional litigation by January 15, 1986 and the County to file objections by February 1, 1986. Mr. McIntosh requested additional support and suggested the engagement or appointment of Thomas R. Julin, Attorney for the firm of Steele, Hector and Davis of Miami, Florida, and Marsha K. Lippincott, Attorney, Orlando, and also for the Cityi~anage~. designate one city employee to be contacted for document support. Commissioner Smith moved to authorize the City Manager to negotiate contracts with Mr. Julin and Ms. Lippincott and bring back to Commission for approval and designate an employee in the City Hall to help with document support. Seconded by Commissioner Thomas and carried. Vic Richberg, 150 Clear Lake Circle, appeared to represent McLain, Pierce and Associates Insurance Agency to request an addition to a building with a non-conforming use at 720 South Park Avenue. Mr. Richberg presented proposed plans to support his request. Commissioner Farr moved to continue discussion and notify property owners within 100 feet of the proposed expansion of a non-conforming use. Seconded by Commissioner Thomas and carried. The Commission considered a request from the Sanford Ministerial Association for use of Veteran's Memorial Park for Easter Sunday morning, March 30, 1986, between 7:00 A.M. and 8:15 A.M. for an Easter Sunrise Service, also, to place the Resurrection Celebration Banner across First Street, from March 22 thru March 31, 1986. Commissioner Mercer moved to authorize same. Seconded by Commissioner Smith and carried. On motion of Commissioner Mercer, seconded by Commissioner Farr and carried, recommendations of duties submitted by the Community Development Block Grant Committee were approved as follows: TYPICAL DUTIES OF BLOCK GRANT ADVISORY COMMITTEE Examine housing areas and make recommendations to City Commission for future action to preserve housing stock. (Including City actions with CDBG and other federal and state funding sources.) 2. Recommend final project area(s). Recommend mode and method for most economically contracting for repairs and rehabilitation work. Review contractor bids for repairs and make recommendations for awards. Review property owner applications for loans. Recommend appropriate handling of applications for owner occupants visavis landlords. 6. Recommend interest rates based on income levels. Recommend term of loan based on ability to pay. (May use adjustable rates based on anticipated future increases in income.) 2 7 6 MINUTE S City Commission, Sanford, Florida December 23, 19 85 8. Review requiremeBts.and recommend area improvemonts:such as sidewalks and drainage. 9. Make recommendations for staffing. ~ : ' 10. Review progress reports. 11. Make recommendations regarding grants vs. loans for lower income. 12. Maintain a waiting list for future loans/grants. On recommendation of the city Manager, Commissioner Smith moved to approve the application for participation in the Florida League of Cities Municipal Loan Program in the amount of $2,588,000 for street'paving/resurfacing and $500,000 for a fire station, to be repaid from gas tax and cigarette tax. Seconded by Commissioner Thomas and carried. On recommendation of the City Manager, Commissioner Thomas moved to approve the replacement program for dead trees and acceptance of single sourse procurement proposal from Davidsons Tree Farm in the amount of $4,000 and authorize transfer from Contingency Fund for same. Seconded by Commissioner Farr and carried. Commissioner Thomas moved to approve the amendment to the Civic Center Use Guidelines, as follows: "Section B" to include: Exception: Local service and civic organizations which contribute their profits to local recognized charities, support community service groups, or other charities that may be deemed necessary for providing humanitarian services to the local community. Also included would be local service or civic organizations that donate monies to the City of Sanford earmarked to provide services that would improve quality of life for its citizens. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Mercer moved to approve a Healthcare Pre-Tax Payment Plan for 1986 to implement a tax saving employee benefit as provided by Sections 106 and 125 of the IRS Code for hospital/health insurance premiums currently paid by city employees. Seconded by Commissioner Smith and carried. Commissioner Farr moved to approve revisions of Personnel Rules and Regulations pertaining to the Vacation Policy, the Insurance Policy, and the Dismissal, Demotion and Suspension Policy. Seconded by Commissioner Thomas and carried. Letter next submitted from School Board of Seminole County as follows: MINUTES City Commission, Sanford, Florida 277 Dece_mber 23 19 85~ Nancy Wagren Jean Bryant Vlce-Ch-irm&n William J. Kroll Pat Telson Joseph Williams. Jr. Equal Opportunity Employer THE SCHOOL ROBERT W. HUGHES Superintendent BOARD OF SEMINOLE COUNTY, FLORIDA 1211 Mellonville Avenue Sanlord, Florida 32771 Phone (305) 322-1252 December 13, 1985 The Honorable Bettye D. Smith Mayor, City of Sanford City Hall Sanford, Florida 32771 Dear Mayor Smith: As you know, we are once again preparing to place the French Avenue property on the market. Before we pursue the sale of this property on the open market, the Board requested that we check with you, the City of Sanford, to see if you had any interest or identified need for all or any portion of the property. If you have an interest, we are open to further discussion. Please advise at your earliest convenience. 2cerely, RWH / jw CC: Board Members Mr. B. Arnold The Commission authorized Mr. Hughes, Superintendent, to be informed of the City's interest in discussing obtaining the property. The City Manager submitted tabulation of bids for 324 square yards of carpet to be installed at the Police Complex, as follows: 278 MINUTES City Commission, Sanford, Florida i~cr~ 3 ~ 19 85_ BID TABULATION (324 yds.) Commerical Grade Carpet Bid #85/86-08 Opened 12/13/85 VENDOR MacTavish Discount Carpet Quality Carpets & Sheet Vinyl Alan's Fabrics & Rugs Sanford Carpet Lino. & Tile Reedy Carpet BID DELIVERY DATE $3,559.00 30 days 2,890.00 3 weeks 3,159.00 7-10 days ASAP 2,916.00 ASAP 9 requests for bids sent out; 5 responses received. Recommend low bidder meeting specifications. On recommendation of the Police Chief, Commissioner Farr moved to accept low bid meeting specifications in the amount of $2,867.40 from Sanford Carpet Linoleum and Tile. The City Manager submitted tabulation of bids for Employee Work Uniforms, as follows: MINUTES City Commission, Sanford, Florida December 279 23, 19 85 2 8 0 MINUTE S City Commission, Sanford, Florida December 23, 19 85 On recommendation of the City Manager and the Director of Administrative Services, Commissioner Farr moved to accept low bid meeting specifications as indicated. Seconded by Commissioner Smith and carried. A public hearing was held in accordance with Notice published in the Evening Herald on November 21, 28, December 5 and 12, 1985, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on December 23, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1788 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERTY LYING BETWEEN S. R. 46 AND JEWETT LANE AND BETWEEN RAND YARD ROAD EXTENDED SOUTHERLY AND BEVIER ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, Sanford, City of property owners in the area described hereinafter annexation to the corporate area of the City of Sanford, requesting to be included therein; and there has been filed with the City Clerk of the Florida, a petition containing the names of the requesting Florida, area to Petition for Annexation; and WHEREAS, it has been determined that the described hereinafter is reasonably compact and contiguous corporate areas of the City of Sanford, Florida, and it has been determined that the annexation of said property will not in the creation of any enclave; and Florida, and WHEREAS, the Property Appraiser of Seminole County, having certified that there are five property owners in the be annexed and that said property owners have signed the property to the further result WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and that the City Commissioners of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA; SECTION 1: That the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: MINUTES City Commission, Sanford, Florida December 23, 19 85 Parcel 1: Block 45, M. M. SMITH'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida; Parcel 2: Block 35 (Less 156.7 ft. sq in NE corner), plus Block 46 (Less N. 156.7 ft), M. M. SMITH'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida; Parcel 3: West 1/2 of Block 33 (Less West 1/2 of N 210 ft. of Block 34, M. SUBDIVISION, according to the plat recorded in Plat Book 1, Page 55, of Records of Seminole County, Florida; Road), Plus M. SMITH'S thereof as the Public Parcel 4: East 1/2 of Block 33, plus East 1/2 of N 210 ft. of Block 34, plus West 1/2 of N 210 ft. of Block 47, plus West 1/2 of Block 48 (Less Road), M. M. SMITH'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida; Parcel 5: South 450 ft. of W 7.62 Chains of Block 34 (Less 1 acre sq. in NW corner), M. M. SMITH'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida. Parcel 6: Beginning 1738 West plus 455.3 feet North of East 1/4 Section Post Run West 399 feet South 627 feet East 399 feet North to Beginning, M. M. SMITH'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida.. SECTION 2:~ 'That upon this ordinance becoming effective, the property owners and any resident on the property described herein shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, as further provided in Chapter 171, Florida Statutes, and shall further be subject to the' responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens shall~have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides toappeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim 282 MINUTES City Commission, Sanford, Florida December 23, 19 85 record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Publish: H. N. Tamm, Jr. City Clerk November 21, 28, December 5 and 12, 1985. introduced and placed on first reading at meeting of November 11, 1985, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed annexation. No one appeared. Commissioner Thomas moved to approve the passage and adoption of Ordinance No. 1788. Seconded by Commissioner Smith and carried. Commissioner Farr abstained from the vote because of conflict of interest and announced that a petitioner is his client. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, has passed and adopted said Ordinance No. 1788, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERTY LYING BETWEEN S. R. 46 AND JEWETT LANE AND ~ BETWEEN RAND YARD ROAD EXTENDED SOUTHERLY AND BEVIER ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notices published in the Evening Herald on November 28, December 5, 12 and 19, 1985, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on December 23, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1791 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERTY LYING BETWEEN CELERY AVENUE AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND THE EASTERLY CITY LIMIT LINE AND BRISSON AVENUE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida, a petition containing the names of the property owners in the area described hereinafter requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therein; and WHEREAS, the Property Appraiser of Seminole County, FORM 4 MEMORANDUM OF VOTING CONFLICT L~ST NAME--FIRST NAME--MiDDLE NAME Fart, David T. MAILING ADDRESS 106 Larkwood Drive CITY COUNTY Sanford, Florida Seminole DATE ON WHICH VOTE OCCURRED December 23, 1985 NAME OF ~OARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE City Commission THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: CITY ~3 COUNTY r'l OTHER LOCAL AGENCY e~ STATE NAME OF POL,TiCAL SUBDIVISION OR STATE AGENCY City Commission. City of Sanford WHO MUST FILE FORM 4 This form is for use by any persOn iservi~g on either an appointed or eleCted board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisoryttnd non-advisory bodies who are faced with a Voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from thc'requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for ali other boards, i.e., those at thc state level. PART C of thc form contains instructions as to when and where this form must be f'ded. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other Iocalpublic officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to'the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes)by whom he is retained. In any such case a local public officer must disclose the conflict: (a) (b) PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of his interest in the matter on which he is abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section ! 63.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one=acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of thi'spart must be made. l, the undersigned local public officer, hereby disclose that on December ~,3, ,, ,19 85 : (a) I abstained from voting on a matter which (check one): inured to my special private gain; or .... X inured to the special gain of . Benny and'Louise Austin , , by whom i am retained. CE FORM 4 - REV. 10-84 PAGE (b) The measure on which i abstained and the nature of my interest in the measure is as follows: Petition for December 23, 1985 Date Filed ann ex at io~/'~ t~C it y. ' ' Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Sump. ~1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Pan B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ,19 . : (a) I voted on a matter which (check one): inured to my special private gain; or . inured to thc special gain of , by whom I am retained. (b) The measure on which I voted 'and the itature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to fde this form. PART C FILING INSTRUCTIONS This memorandum must be filed within id'teen (15) days following thc meeting during which the voting conflict occurred with thc person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate thc absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (19~3), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY aE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED CE FORM 4 - REV. 10..8~ PAGE 2 MINUTES 2 8 3 City Commission, Sanford, Florida Dacarabar 23: 19 85 Florida, having certified that there is one property owner in the area to be annexed and that said property owner have signed the Petition for Annexation; and WHEREAS, described hereinafter it has been determined that the property is reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida, and it has further been determined that the annexation of said property will not result in the creation of any enclave; and WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and that the City Commissioners of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA; SECTION 1: .~Tha~t-.the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: Parcel 1: The Easterly 1/4 of the NE 1/4 of the NE 1/4 of Section 31, Township 19 South, Range 31 East, Seminole County, Florida; Parcel 2: The Westerly 3/4 of the NW 1/4 of .the NW 1/4 of Section 32, Township 19 South, Range 31 East (Less rights of way for railroad and highway), Seminole County, Florida. SECTION 2: That upon this ordinance becoming effective, the property owners and any resident on the property described herein shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. 284 MINUTES City Commission, Sanford, Florida December 23, 19 85 All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above .meeting or hearing, he may need-a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tamm, Jr. City Clerk Publish: November 28, December 5, 12, and 19, 1985. introduced and placed on first reading at meeting of November 25, 1985, was next placed on final readin9. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed annexation. No one appeared. Commissioner Smith moved to approve the passage and adoption of Ordinance No. 1791. Seconded Commissioner Mercer and carried. Commissioner Farr abstained from the vote because of conflict of interest and announced that the petitioner is his client. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, has passed and adopted said Ordinance No. 1791, entitled: AN ORDINANCE OF ~THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERT¥~ LYING BETWEEN CELERY AVENUE AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND-. THE EASTERLY CITY LIMIT LINE AND BRISSON AVENUE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Minutes of December 9 and 16, 1985 were approved. The Planning and Zonin~ Commission submitted recommendations of meeting dated December 19, 1985, as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: December 20, 1985 City Clerk Zoning Inspector Recommendations - P & Z Meeting - December 19, 1985 RECOMMENDATIONS After approving the change of the desionated land use from a low density use to a commercial and an industrial designation on a 21 acre tract at the SW corner of the intersection of Sanford Avenue and 427, recommend the adoption of the amendments to the Comprehensive Plan Land Use Map. Commissioner Smith moved to authorize the submission of five copies of the Comprehensive Plan Land Use Map to the Department of Community Affairs for review in FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME--FIRST NAME--MIDDLE NAME Farr, David T. MAILING ADDRESS CITY COUNTY Sanford, FlOrida Seminole DATE ON WHICH VOTE OCCURRED December 23, 1985 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE City Commission THE BOARD. COUNCILtCOMMISSION, AUTHORITY, OR COMMITYEE ON WHICH I SERVE IS A UNIT OF: ~3~,CITY ri COUNTY rt OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DSTATE City of' Sanford~ ' ' WHO MUST FILE FORM 4 This form is for use by any persOn;serving on either an aPPointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory~nnd non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be fded. PART A,,. VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other iocalpublic officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section ! 12.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose thc conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax di.stricts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on December 2 3, ,19 8 5 : (a) I abstained from voting on a matter which (check one): inured to my special private gain; or x inured to the special gain of . Diane watson · by whom i am retained. CE FORM 4 - REV. 10-8~ PAGE (b) Thc measure on which I abstained and the nature of my interest in the measure is as follows: Petition for December 23, 1985 Date Filed annexatio~~he City. ' $ig~ff~r~ Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICER8 [Required by Section i 12.3143(2), Florida Statutes (Sump. '1984).] Each state public officer is permitted to vote in his official capacity on any matter. However· any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 1 $ days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ,19 : (a) I voted on a matter which (check one): inured 'to my special private gain; or inured to the special gain of · by whom 1 am retained. (b) The measure on which ! voted 'and the tmture of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to fde this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fdteen (15) days following thc meeting during which the voting conflict occurred with thc person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be flied merely to indicate the absence of a voting conflict, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (Igg3~ A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M AY lie PUNISHED liY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM 4 - REV. 1044 PAGE 2 MINUTES City Commission, Sanford, Florida 285 December 23, 19 85 accordance with the Florida State Growth Management Act. Seconded by Commissioner Farr and carried. Commissioner Mercer moved to authorize a resolution thanking Johnny Green and Charles Fleming of the Lions Club for the installation of the four "Welcome" signs at the entrances to the City. Seconded by Commissioner Smith and carried. Commissioner Smith nominated Michael C. Waters, 1109 East 20th Street, to the Human Relations Advisory Committee. City Manager Frank Faison requested approval for his absence from the City for the period of December 30 thru January 3rd, and stated that H. N. Tamm, City Clerk and Director of Finance would be appointed as Acting City Manager. On motion of Commissioner Farr, seconded by Commissioner Mercer and carried, same was approved. There being no further business, the meeting was adjourned. ATTEST: MAYOR