060286-Workshop SessionMINUTES
City Commission, Sanford. Florida
_June __2,
463
19 86_
The City Commission of the City of Sanford, Florida, met in Workshop Session in
the City Hall in the City of Sanford, Florida, at 4:30 o'clock P. M. on June 2, 1986.
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
Deputy City Clerk Janet R. Donahoe
Absent: City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
The Chairman announced the first item on the agenda was the discussion of the
Florida Government-in-the-Sunshine Law by the City Attorney and all boards, committees and
commissions had been invited to attend.
The City Attorney submitted letter as follows:
Stenstrom, Mclntosh. Julian. Colbert Wh. igham, F.
Attorneys and Counsellors at
Douslas Stenstrom Kenneth ~/. Mclatosh Ned lq. J~lian. Jr.
~tilliam L. Colbert frank C.~/higham Clayton D. Simmons
Thomas I1.Whigham I~obert ll. Mcintosh
Suite 22 Sun Dank
lost Office Box 1330 Sanforcl. Fiorida 32772-1330 (305) 322-2171
June 2, 1986
Mayor, City Commission, and
Members of Boards and Commissions'
City of Sanford
City Hall
Sanford, Florida
Dear Ladies and Gentlemen:
At the request of the Mayor, I would like to take the opportunity
to review Section 286.011, Florida Statutes, which is commonly
referred to as the Florida Government-in-the-Sunshine Law.
Section 1 of the statute reads as follows: "All meetinss of any
board or commission of any state agency or authority or of any
agency or ~uthority of any county, municipal corporation, or
political subdivision, except as otherwise provided in the
Constitution, at which official acts are to be taken are declared
to be public meetings open to the public at all times, and no
resolution, rule, or formal action shall be considered binding
except as taken or made at such meeting."
As used in the section cited above, "board or commission" is the
coming together of two or more of its members; an "official act"
includes all preliminary discussions leading to a decision
(discussed in more detail below); "open to the public" means
inviting the press and the public; and "at all times" indicates a
reasonableness of time and place (usually a minimum of 24 hours
notice).
On several prior occasions at the request of the City Commission
or in response to specific events, we have given advice on the
"Sunshine Law". In a letter dated January 14, 1985, we gave a
general overview and background information on the statute and
said, "lt is clear that two or more Commissioners should not meet
in person, discuss over the telephone or exchange correspondence
concerning items which will or may be discussed and voted upon
collectively in regular commission meetings." In a letter dated
February 15, 1985, we addressed a social §atherin§ with the Lake
Mary Commission with this advice, "Social gatheriags, per se, are
not prohibited by statute, but extreme caution should be
exercised so that our officials avoid discussing matters upon
MINUTES
City Commission, Sanford, Florida
June 2, 19 86
are members.''
The "Sunshine Law" goes beyond elected officials and includes
advisory committees. This is due to the fact that the decision-
making process is generally a matter of evolution. Matters due
to be considered by an elected body may well be discussed
beforehand by the board or commission members, advisory groups or
special committees. The official decision may be merely'the
formal acceptance or ratification of a recommendation.
The point in the decision-making process at which the public's
presence may affect the outcome or at which the public can really
be informed about the nature of a decision and about options
considered and discarded occurs before the formal meeting.
Recognizing this, the courts have said that the entire dec~sion-
making process and not merely the formal "ceremonial acceptance"
of decisions shall be open to the public. Once it is established
that a board or commission is covered by the "Sunshine Law", any
gathering of its members, foYmal or informal, whether a quorum is
present or not, is required to be conducted as an open meeting.
It is not necessary for one to~. have an evil motive or intend to
violate the law. Meeting in and of itself is a violation of the
law. Section 3(a) of the Statute provides that "any public
officer who violates any provision of the statute is guilty of a
noncriminal infraction, punishable by a fine not exceeding $500."
However, under Section 3(b), a person who, "knowingly violates"
the law is guilty of a misdemeanor of the second degree. In
addition, Section 1, described above, states that no action taken
by a board or commission in violation of the law shall be
considered binding. The cases say it is void ab ~itio (from the
beginning).
How strict is the statute? There is no easy answer. When
everything is going smoothly no one questions actions, but when
problems! occur and actions are challenged, who knows what details
can surface to haunt you? No member of a board or commission
should put himself in any situation that is not completely within
the letter and intent of the law. If for some reason you are not
pleased with the law, then you should work for change in the
legislature; do not look for ways to circumvent the law. It is
folly to think that you can "outsmart" the law or the people who
may be called' upon to enforce it against you.
A good reference work is the Government-in-the-Sunshine manual
prepared by the Office of the Attorney General and published by
the First Amendment Foundation. I am including a copy of the
statute printed on pages 7 and 8 of the current manual as Exhibit
"A" and a copy of the table of contents printed on pages 1
through 3 for your information. Copies of the entire manual are
available through my office for your reference when needed.
The Attorney General, in a cover letter sent with the 1986
version of the manual, said, "I would suggest, when the question
is close enough to create doubt, that the best option is to
assume the law applies." This is excellent advice!
As always, if you have any questions or if I can assist you in
any way,. please contact me.
Sincerely,
STENSTROM, MclNTOSH, JULIAN,
William L. Colbert
/pc
Enclosures
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City Commission, Sanford, Florida
June 2,
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466
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City Commission, Sanford, Florida
June 2,
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City Commission, Sanford, Florida
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June 2, 19 86
The City Attorney answered inquiries from board members as follows:
Storm Richards
Bob McKee
Dr. John Darby
Cal Conklin
Richard Deas
Ned Yancey
John Morris
Martha Yancey
Jerry Mills
Sara Jacobson
Bill Simmons, Director of Engineering and Planning, submitted STREET IMPROVEMENT-
PROGRAM PRIORITY LIST as follows:
CITY OF SANFORD
STREET IMPROVEMENT PROGRAM
PRIORITY LIST
Approved by City Commission 1/28/85 - Up4ated 5/7/86
STREET LOCATION
*McCracken'Rd, from Persimmon to
Airport Blvd. *$75644
LENGTH WIDTH S~. YAR~...S
2,896' 24' 7,722
24' 7,205
Persimmon from 1st St. to McCracken 2,702'
W. 13th St. from U.S. 17-92 to
Mulberry
4,066 29 ' Avg.
13,101
10,638
*Sth St. from R.R. to Persimmon
*$5000
4,352' 22'
Park Drive from 25th St. to U.S.
17-92
1,983' 24' 5,288
20th St. from summerlin Avenue
to U.S. 17-92
6,335' 24'
16,893
7,035
Country Club Drive-Entire Street
2,638' 26'
Bays Drive from 20th Street to
Bradshaw Drive
"2,100' 26' 6,067
Pecan Avenue from 5th'Street to
8th Street
910' 24' 2,426
State St. from Southgate Rd. to
U.S. 17-92
1,077 30' 3,590
Southgate Road from State St. to
Airport Blvd.
590' 24' 1,573
Elm Avenue from 27th Street to
Park Drive
1,700' 24' 4,533
Street from Mellonville to
Sanford Avenue
3,161' 52'
18,263
10,208
*lst Street from Oak to French Ave.
*$82,498
1,254' 58'
Summerlin Avenue from Celery to
25th Street
Locust Avenue from Celery Avenue
to 20th Street
Mayfatr S/D - Seminole Blvd.
South to 8th St., Elliott Avenue
to Virginia
5,254' 24' 14,010
2,600' 24' 6,933
14,867' 24' 39,645
Pecan Ave. from urn Street to
10th Street (Not on original list,
but feel needs resurfacing).~
660' , '24' 1,760
Yardage for radii for intersections on above
14,182
*Indicate A~ditional Construction Work Required (i.e. reconstruction,
, SST,. COST
$96,880
19,814
36,029
34,255
14,542
46,625
19,346
16,745
6,696
9,873
4,341
12,511
50,406
110,570
38,668
19,135
109,024
4,858
, 39r000
$689,318
widening,
468
, MINUTES
City Commission, Sanford, Florida
June 2,
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"Deferred Pending Completion of Sewer and Water Storm Drain Work"
STPJ~ET LOCATION
3rd Street from Sanford
Avenue to Persimmon
LENGTH WIDTH SQ. YARDS
7,678' 25'Avg. 21,049'
EST. COST
$58,095
9th Street from Sanford
Avenue to Poplar Avenue
2,349' 25'Avg. 6,557
18,097
6th Street from U.S. 17-92
to Pecan Avenue
1,842' 24' 4,912
13,557
Park Avenue from Seminole
Blvd. to 25th Street
9,639' 41'Avg. 43,849
121,023
Florida Street from U.S.
17-92 to Georgia Avenue
1,737' 24' 4,632
12,784
Santa Barbara Drive from
U.S.17-92 to Florida St.
2,542' 22' 6,090
16r808
ESTIMATE TOTAL:
$240,364
PAVING PROGRAM FY 1986/1987
STREET LOCATION
~outhwest Rd. from 13th St.
to 16th St.
Fulton Ave. from 17-92 to
Laurel Avenue 250'
Fulton Ave. from Laurel
to Park 1344'
Bethune Ct. from Airport
to Airport 2074'
Academy Ave. from Airport to
Dead End 1654'
Carver from Bethune to PH II 405'
Tuskegee from Academy to PH II 142'
Woodmere from Sanford to Grove
Drive 1140'
French Ave. from 27th to 17-92 852'
French from 27th to Shannon. Dr. " 1470'
16th from Mangoustine E to N.P. 390'
Laurel from 27th N to 26th 1262'
Pinecrest Dr. from French to
Shannon Drive 3276'
Georgia from Florida N.' to
School 'Drive 563'
Park-City Limits N. of Laurel
Dr. S. to Dead End at Jinkins Ct. 3489'
Maple Ave. from 3rd St. to 6th St. 968'
Bay from 11th St. to Celery Ave. 505'
Holly Ave. from 9th St. to 13th St. 1080'
14th St. from Sanford Ave. to
Locust Ave. 1250'
San Marcos from 32nd to N.P. of 7th 912'
21st St. from Oak to Park Ave. 316'
Palm Way from Crescent to Court 437'
naawa~ha from Orlando Dr. to
27th St. 380'
Woodland from Airport to Pinecrest
LENGTH
1355'
WIDTH Sg. YARDS
22' 3,312
20' 556
27'Avg. ~,032
20' 4,609 12,509
22' 4,043
20' 900
20' 316
22'
20'
24'
24'
20'
24'
22'
22'
24'
32'
24'
24'
24'
20'
16'
24'
2,787
1,893
3,920
1,040
2,804
8,736
1,376
8,528
2,581
1,796
2,880
3,333
2,432
702
777
1,013
co~. sg YARDS
27,408
40,248..
56,109
59,442
64,366
MINUTES
City Commission, Sanford, Florida
June 2,
469
19 _86
Mr. Simmons explained a bid package of approximately $800,000 should be ready by
the first of July.
The Commission requested moving "Palmetto Ave. North - Entrance to Marine" up to
the first ten items of the PAVING PROGRAM FY 1986/1987, and to include the extension of "W.
13th St. from U.S. 17-92 to Mulberry" from Mulberry to Persimmon, and authorized same to be
placed on the next regular meeting agenda.
The Chairman submitted a letter from the Rotary Breakfast Club as follows:
Retary Club ®f Sanf®rd, Breakfast
P.O. Box 1652, Sanford, FL. 32771
May 30, 1986
Mr. Frank Faison
City Manager
City of Sanford
P.O. Box 1778
Sanford, FL 32772-1778
Ref: Community Projects
Dear Mr. Faison:
It was a pleasure to have lunch with you earlier today.
Your total commitment to the City-from not only multi-million
dollar projects but, also, to the projects that help our youth
and the elderly,should not go unnoticed.
We agreed that the Rotary project to install 72§'! of 5'
wide sidewalk along the east side of Ridgewood Ave. just north of
Seminole High School was a great idea.
In order for this project to be a complete success, it will
take the City's expertise to provide the labor to form and finish
the concrete. The Rotary Club of Sanford-Breakfast is prepared
to provide the surveying, engineering and concrete if you will
schedule a City crew so this much needed sidewalk for the safety
of the pedestrian students can be accomplished.
It is a credit to good management when someone like you can
put the resources of several groups together for the benefit of
the City; especially a project that can be of such valuable help
to so many. If we can quickly make this a success, it is
possible that others like it will soon follow.
Thank you again for the opportunity to meet with you and the
excitement and encouragement you have heretofore given concerning
this community project. Please let me know when you can have
this project scheduled.
Sincerely,
Mack LaZenby, P.E.
Club President
ML/hl
cc: Mayor Bettye Smith
Chartered December 11th, 1979
470
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City Commission, Sanford, Florida
June 2,
19 86
Same was authorized to be placed on the next regular meeting agenda.
The Chairman submitted a letter from the General Henry Shelton Sanford Library -
Museum as follows:
General Henry Shelton Sanford Library - Museum
520 E. First Street
Sanford, Florida 32771
May 27, 1986
Mr. Frank A. Faison, City Manager
City of Sanford
P.O. Box 1778
Sanford, Florida 32771
Dear Mr. Faison,
The regular meeting of the General Henry S. Sanford Library-
Museum Executive Board was held on Thn~sday, May 22, 1986 at'
3:30 P.M. in Sanford City Hall.
The members of the Executive Board voted unanimously to request,
through you, the City Commission to contract a qualified library/
museum oriented architect for the purpose of preparing concepts for
building expansion.
The Board of Trustees of the Henry S. Sanford Library-Museum
strongly support such action for the following reasons:
1).
Ail available or known grant requirements do require
specific plans of construction.
2).
Preparation of completed plans are paramount before
pricing cost of project.
3).
Even though the City Commission .may not fund the project
this year we feel that by the time plans and concepts
are presented and approved we are at least 18 months
away from actual construction.
Please convey the message to the City Commission that I would
like to appear before them at either a work session or regular meeting.
I will be available for any comments or if further information should
be necessary.
I will be awaiting the response of the Sanf6rd City Commission.
Thank you for any support you may lend to this worthwhile endeavor.
~ Yo~s very truly,
~dward "~ed" Yancey
Chairmah of ExecUtive Board
General Henry Shelton Sanford
Library-Museum.
Same was authorized to be placed on the next regular meeting agenda.
The Chairman announced Reverend G. Richard Danielak had resigned as Chairman of
the Human Relations Advisory Board.
MINUTES
City Commission, Sanford, Florida
June 2,
471
19 86
Frank Stone, G~ea%e.r Orlando SIDS (Sudden .Infant Death Syndrome) Support Network,
appeared to thank the City Commission and the City of Sanford for allowing the organization
the use of Fort Mellon Park on June 21, 1986 for their first annual Family Funday and
invited the Commission to attend. ~ -'
ATTEST
There being no further business, the meeting was adjourned.
MAYOR