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090886-Regular SessionOO4 MINUTE S City Commission, Sanford, Florida September 8, 19 86 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 September 8, 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 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 Herald on August 22, 1986, as follows: NOTICE OF A PUBLIC HEARING FOR THE PROPOSED ANNUAL BUDGET AND CAPITAL PROGRAM FOR THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 8, 1986, to consider the the Annual Budget for the fiscal year of October 1, 1986 to September 30, 1987, and a Capital Program. A copy of said budget and capital program shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. 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 of the City of Sanford, Florida Publish: August 22, 1986. .The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed Budget and Capital Program. Jerry Sullivan, owner and operator of two Famous Recipe Stores, appeared to report an increase in property values, which increased his taxes. The Commission explained the County Property Appraiser sets the property values and that the City had reduced the city millage nearly 5% to the roll back rate. Commissioner Mercer moved to approve the tentative budget. Seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea The Chairman announced that the proposed millage of 4.1648 does not exceed the roll back millage. On motion of Commissioner Mercer, seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Yea Yea Yea MINUTE S 0 0 5 City CommiSsion, Sanford, Florida September 8, 19 86 Commissioner Thomas Mayor Smith Yea Yea Ordinance No. 1836, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Commissioner Smith moved to approve the transfer from the 1986-87 Contingency Fund to provide for 1986-87 Budget amendments as follows: $20,000 for Federation of Senior Citizens of Seminole County's purchase of a transport van. $54,000 for additional manpower in the Police Department. Seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea John Kane, representing the Federation of Senior Citizens of Seminole County, appeared to extend appreciation to the Commission. The City Manager submitted memorandum as follows: MEMORANDUM September 5, 1986 TO- MAYOR AND CITY COMMISSION FROM: CITY MANAGER SUBJECT: SOFTWARE FOR FINANCIAL ACCOUNTING, PAYROLL AND PERSONNEL The attached contracts are the result of eight months of review of existing software and research into available replacement software for use with the City's computer. As the "choices" were limited to three vendors, sole source purchase was determined to be our best option. These contacts include all necessary financial software for the purpose of both "locking in" today's prices and the 20% multipackage discount. The attached contract addendum includes "opt-out clauses", thus enabling the City to end the contract if not satisfied with each software module as it is installed. Implementation, if approved, is expected to take approximately one to two years, beginning immediately, starting with payroll. Planning with the vendor for implementation must begin immediately in order to meet the January, 1987, goal for installation of a new payroll system. Although budgeted for FY 1986-87, in order for us to begin immediately, a down payment of $43,320 is required from the current budget. This payment may be made from available funds in the Cultural Arts CIP fund and reimbursed from the Data Processing CIP fund October 1. RECOMMENDATION: Recommend that the City Commission approve signing of software contracts with Lawson Associates, Inc., and authorize payment of $43,320 down payment from current budget. Commissioner Mercer moved to authorize the Mayor to execute said contract with Lawson Associates, Inc., of Minneapolis, Minnesota, and payment in the amount of $43,320 for down payment. Seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea 006 MINUTES City Commission, Sanford, Florida September 8, 19 86 Commissioner Fart moved to authorize the Mayor, City Attorney, Director of Finance and City Clerk, and representatives from Coopers and Lybrand access to Safe Deposit Box 177 in the First Union Bank of Seminole to perform the annual audit. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea The Mayor submitted a letter from A. K. Shoemaker, Jr., Chairman of the Sanford Airport Authority, reporting the terms of Joe B. Baker and Dr. R. M. Rosemond expire September 30, 1986, and recommending the re-appointment of both board members for another four year term. After discussion, Commissioner Farr moved to authorize letters of appreciation to Mr. Baker and Dr. Rosemond, directed the City Attorney to prepare resolutions commendinG the service of Mr. Baker and Dr. ROsemond, and to appoint Don KniGht and Shirley Schilke to the Seconded by Commissioner Thomas and carried by the vote of the Sanford Airport Authority. Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Abstained Naye Yea Yea Yea Commissioner Mercer stated he would abstain from the vote, because he is, also, a member of the Sanford Airport Authority. The City ManaGer submitted memorandum as follows: MEMORANDUM AuGust 21, 1986 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER RE: MEMBERSHIP - SCENIC IMPROVEMENT BOARD Request that the City Code, Article VII. Scenic Improvement Board, be amended by the deletion of "Director of Parks and Recreation" and the addition of "an ex-officio member appointed by the City ManaGer". The Scenic Improvement activities are performed by the Grounds Maintenance Division, which is part of the Public Works Department. A copy of City Code Article VII is attached. After discussion, Commissioner Mercer moved to amend the City Code as recommended. Seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer CommisSioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Commissioner Farr moved to authorize payment of statement from Conklin, Porter and Holmes for services from June 28, 1986 through July 25, 1986 in the amount of $7,283.46, reGardinG City of Sanford Alternate Site Studies, CPH Project No. S0602.18. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Yea Commissioner Smith Yea L FORM 4 LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRESS 900 Palmetto Avenue MEMORANDUM OF VOTING CONFLICT Sanford Seminole DATE ON WHICH VOTE OCCURRED September 8, 1986 NAM£ OF eOARD. COUNClU COMMISSION. AUTHORITY. oR COMMITTEE City Commission THE IOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: ~ CITY D COUNTY D OTHER LOCAL AGENCY D STATE NAME OF POLITICAL SUBDIVISIOM OR STATE AGENCY City of Sanford, Florida City Commission 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 ~nd 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 asto when and where this form must be t'fled. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section ! 12.3143(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 thc conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly thc 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 ora Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. ! 984), or officers of independent special tax di.stricts elected on a one-acre, one-vote basis are not prohibited from voting. In such eases, however, the oral and written disclosure of thi~ part must be made. l, the undersigned loeal public officer, hereby disclose tbat on September 8, . ,19 86 : (a) I abstained from voting on a matter which (check one): .. x inured to my special private gain; or inurcd to the special gain of - · by whom I am retained. CE FORM 4 - REV. ~1 PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows: I am, also, a 'member of the Sanford Airport Authority. 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 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 principa! by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within I $ days after the vote occurs. !, 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 ! am retained. (b) The measure on which ! voted 'and thc ftature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to f'fle this form. PART C FILING INSTRUCTION8 This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict o~curred with the 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 the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTESe ! 12.317(PJ~3). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE 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 $5,000. MINUTES City Commission, Sanford, Florida 007 September 8, Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Yea On motion of Commissioner Thomas, seconded bY Commissioner Farr and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1832, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF ORLANDO DRIVE (U. S. HIGHWAY 17 & 92) AND LYING SOUTH OF AIRPORT BOULEVARD AND LYING EAST OF LIVE OAK BOULEVARD AND CLEAR LAKE CIRCLE FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Mercer, seconded by Commissioner Farr and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1833, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING AT THE SOUTHWEST CORNER OF THE INTERSECTION OF U. S. HIGHWAY 17 & 92 AND LAKE MINNIE DRIVE FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTIRCT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Farr, seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1834, 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 THAT CERTAIN PROPERTY LYING BETWEEN SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND DIXIE WAY AND BETWEEN McCRACKEN ROAD AND BLAINE STREET; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTUES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. 19 86 008 MINUTES City Commission, Sanford, Florida $~ptember 8: 19 86 On motion of Commissioner Farr, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1835, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESCINDING ORDINANCE NO. 1779, AND ADOPTING A SALARY CLASSIFICATION PLAN EFFECTIVE OCTOBER 1, 1986; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Smith, seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Abstained Yea Ordinance No. 1837, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN McCRACKEN ROAD AND TUSKEGEE STREET EXTENDED EASTERLY AND SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND JERRY AVENUE FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT AND SR-1 (SINGLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Commissioner Thomas reported he would be filing a conflict of interest because he was employed with the School Board of Seminole County, the owners of the property. On motion of Commissioner Fart, seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1838, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1689 OF THE CITY OF SANFORD, FLORIDA, BY AMENDING THE DEFINITIONS OF "AVERAGE MONTHLY EARNINGS" "ACCUMULATED CONTRIBUTIONS" AND "EFFECTIVE DATE"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Dave McIntosh, Sanford Jaycees, appeared to request the Commission to help in the development of the leadership of the young people in the community by encouraging the membership of the City's young people in his association. Commissioner Farr moved to approve Vouchers for the Month of August, 1986, as follows: FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME--fiRST NAME--MIDDLE NAME MAILING ADDRESS 129 Bethune Circle Sanford Seminole DATE ON WHICH VOTE OCCURRED September '8, 1986 NAMEOF~ARD. COUNCI~COMMISSION. A~HORITY, ORCOMMITTEE City Commission THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ;~3 CITY (3 COUNTY f't OTH ER LOCAL AGENCY D STATE NAME OF POLITICAL SUBDIVISIO.'q. OR STATE AGENCY City Commission City of Sanford, Florida 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~and 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 fried. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section ! 12.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other localpublic 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 the assembly the nature of his interest in the matter on which he is abstaining from voting; and WITHIN 15 DAYS AFTER TH E VOTE OCCURS by describing thc 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 ! 63.356 or Section ! 63.357, 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 September 8, ., 19 86 .: (a) ! abstained from voting on a matter which (check one): inured to my special private pin; or x inured to the specialgain of S~hool Board of Seminole County , by Whom i am retained. (b) Thc measure on which I abstained and the nature of my interest in the measure is as follows: Rezoning of property in the City of Sanford, Florida. Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICER$ [Required by Section 112.3143(2), Florida Statutes (Supp. 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 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 the special gain of , by whom I am retained. (b) The measure on which I voted 'and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTION8 This memorandum must be filed within itt'teen (15) days following the meeting during which the voting conflict OCcurred with the person responsible for recording the minutes of the meeting, who shah incorporate the memorandum in the meeting minutes. This form need not be fried merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES [ I ! 2.31 ? (19~3}, A FA] LURE TO MAKE ANY REQUIRED DISCLOSU RE CONSTITUTES GROUNDS FOR AND M AY EE PUNISHED aY 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. MINUTES City Commission, Sanford, Florida 0O9 Sept_emb~r~8, 1986 Vouchers for the Month of August, 1986 General Fund, Sun Bank, N.A., Voucher No. 214 thru 221. Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 147 thru 151. Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 168 thru 173. Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 662. Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 481. Central Paying Account, Sun Bank, N.A., Voucher No. 11462 thru 11960. Utility Trust Fund, Sun Bank, N.A., Voucher No. 207 and 210. Renewal and Replacement, Sun Bank, N.A., Voucher No. 278 and 279. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Commissioner Mercer moved to approve Minutes of August 5, 18 (Special), 18 (Workshop), 25, and September 2, 1986. Seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Commissioner Smith moved to authorize salary reclassifications as follows: FROM TO William A. Simmons B. Kim Smith Engineering Dept., Dir. of Engineering and Planning ~Administrative Services Dept., Dir. of Adm. Serv. D $39,070.61 B $34,029.24 E $41,591.27 C $36,549.92 Ronald M. Neel ~Fire Department Assistant Chief D $32,768.89 E $35,289.57 Booker T. King Public Works Dept., Street Div., Maintenance Worker I D $12,512.35 E $13,306.37 Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner Smith, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Resolution No. 1459 was passed and adopted. Said resolution being in words and figures as follows: RESOLUTION NO. 1459 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING THE SONG ENTITLED "SANFORD ON THE LAKE" WRITTEN BY ROBERT CARNIE AS THE OFFICIAL THEME SONG OF THE CITY. WHEREAS, the City of Sanford, Florida does not have an 01 0 MINUTES City Commission, Sanford, Florida SeDtember 8, 19 86 official theme song; and WHEREAS, Robert composed ago; and Sanford years; and Carnie, a longtime City businessman, a song entitled "Sanford On The Lake" more than two decades WHEREAS, "Sanford On The Lake" was performed by the Male Chorus under the direction of Robert Carnie for many Club Chorus Magnolia Mall Clock on First Street; and WHEREAS, the City Commission desires to "Sanford On The Lake" as the official theme song of the City. WHEREAS, it has been performed by the Sanford Woman's on various occasions including the dedication of the establish NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: "Sanford On The Lake" written by Robert Carnie is hereby declared to be the Official Theme Song of the City of Sanford, Florida. SECTION 2: That this Resolution be recorded in the official minutes of the City of Sanford, Florida, and that a copy be presented to the Sanford Woman's Club Chorus in grateful appreciation of their public performances of this fine song. SECTION 3: That this resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 8th day of September, A.D. 1986. Request submitted from New Tribes Mission for approval to place landscaping in City right-of-way adjacent to their property on First Street between Lee Avenue and San Carlos Avenue, continuing a buffer of existing shubbery. Commissioner Farr moved approve same. Seconded by Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Yea Commissioner Smith Yea Commissioner Fart Yea Commissioner Thomas Yea Mayor Smith Yea The City Attorney submitted letter as follows: MINUTES Oil City Commission, Sanford, Florida September 8, 1986 Stenstrom, Mclntosh, Julian, Colbert S Whigham, F. tttorneys and Counsellors at Law Douglas Stenstrom Kenneth W. Mclntosh Ned N. Julian,.lr. Wilham L. Colbert Prank C. Whigham Clayton D. Simmons Thomas E.Whigham Robert K, M¢Intosh Suite 22 Sum Bank lost Office Box 1330 _Sanford, rlorida 32772-1330 (305) 322-2171 September 8, 1986 Mayor and City Commissioners City of Sanford, Florida Sanford City Hall Sanford, Florida 3277-1 Dear Mayor Smith and Commissioners: We.have now received all of the bills for the attorneys'- fees and court costs from Mr. Marsee and Mr.. Stanton representing Seminoi{County and Mr. Spoonhour and Mr. Cleveland representing Nicholas Pope, et al in the Yankee Lake condemnation matter. As I indicated, in a condemnation .case the condemning authority is r.equired by law to pay "all reasonable costs of the proceedings in the circuit court, including a reasonable attorney's fee to be assessed by that court."'(F.S. 73.O91) I have reviewed the affidavits of attorney's fees and court costs submitted by each attorney. A summary of the amounts submitted and my recommendation is as follows: PARTY SUBMITTED DISAPPROVE APPROVE Seminole Co. Mr. Marsee Mr. Stanton $18,361.22 $1,339.00 $17,642.11 -0- $17,022.22 $17,642.1-1 Nicholas Pope, et al Mr. Spoonhour Mr. Cleveland $60,912.15 $15,407.17 $31,621.20 --0-- $29,290.95 $15,407.17 I recommend that the City authorize the payment of attorney's fees and court costs in the amounts shown above for the following reasons: 1) Florida Statute 73.091 provides for the condemning authority to pay all reasonable costs and a reasonable attorney's fee; 2. Based on my review of the affidavits, my knowledg~ of the case, and my experience before the court, the amounts" r. ecommended'above are, in my opinion, reasonable as that term is us&d in the law; -3.- Agreement will eliminate the need for a hearing befor'e th'e court and the need for Mr. Marsee, Mr-. Stanton, Mr. Spoonhour and- Mr. Cleveland, together with their expert witnesses and the City's- personnel, -attending d hearing in Melbourne for a court hearing, all at City expense; 4. It will estab, lish the fees and costs in a definite amount and not leave it open to a potential judicial award of a greater amount. If you have questions or wish to see the various affidavits I will be happy to provide them. They are rather voluminous and I did not receive the last one until Friday afternoon. I will have copies with me tonight if you care to see them. A decision needs, to be made at tonight's meeting. If an agreement cannot be reached, we will appear before Judge Waddell at 10:30 a.m. on Wednesday, September lOth to-argue the City's case. For the reasons discussed above, I recommend that the matter be resolved by agreement. Sincerely, STENSTROM, McINTOSH, JULIAN, William L. Colbert WLC/lss ox2 MINUTES City Commission, Sanford, Florida S~Dtembar~8: 19 86 Commissioner Mercer moved to authorize payment as recommended. Commissioner Smith and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Seconded by The City Attorney stated a positive outlook realized from the Yankee-Lake- Condemnation-Suit, the City was able to resolve with DER (Department of Environmental Regulation) a situation that had been ongoing for years before the present members of this Commission, preservation of the approximately $8,000,000 grant, the bond market was better in August, 1986 than last fall, saving the City $6,000,000 over the life of the bonds, and the attitude of both Commissions (City of Sanford Commissioners and Commissioners of Seminole County) of trying to work things out. The City Manager reported having received a letter from DER approving the extension of the TOP program, and the Planning Consultant contract will be on the next regular meeting agenda. There being no further business, the meeting was adjourned. ATTEST: MAYOR