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091288-Regular Session404 MINUTES City Commission, Sanford, Florida September 12, 19__ 88 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 12, 1988. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner John Y. Mercer Commissioner Robert Thomas Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting w~s called to order by the Chairman. The Chairman introduced and congratulated Suzanne Huaman for receiving the Rotary Scholarship. Ms. Huaman stated she will be going to the Court of Wales to study European Politics and History. Ms Huaman received the seal of the City of Sanford and the Key to the City. Mayor Smith requested Suzanne to try and locate a sister City for the City of Eanford. A Public Hearing was held in accordance with Notice published in the Evening Herald on August 28, 1988, as follows: August 25, 1987 NOTICE OF A PUBLIC HEARING FOR THE PROPOSED ANNUAL B'IDGET AND CAPITAL PROGPJ%~ FOR THE CITY OF S~_NFORD, FLORIDA Notice is herebl given that a Public Hearing will be held a~: the Commission Room in the City Hall in the C&ty of Sanford, Florida, at 7:00 o'clock P. M. on September 14, 1987 to consider the Annual Budget for the fiscal year of october 1, 1987 to September 30, 1988, 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. All parties in interest and citizens opportunity to be heard at said hearing. shall have an 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 28, 1987 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed Annual Budget and Capital Program° No one appeared. On motion of Commissioner Mercer, Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner EckStein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea MINUTES City Commission, Sanford, Florida September 12, ~ ~ 4O5 Ordinance No. 1970, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. The Chairman announced the proposed millage of 5.8459% exceeds the roll back millage by 32.725%. On ~otion of Commissioner Mercer, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Ordinance No. 1965, entitled: Yea Yea Yea Yea Yea AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, A SALARY 1, 1988: RESCINDING ORDINANCE NO. 1888, AND ADOPTING CLASSIFICATION PL}~ EFFECTIVE OCTOBER PROVIDING FOR SEVERABILITY, COI:FLICTS AND EFFECTIVE DATE. was placed on first reading. The next item of business was a continuation of.a Public Hearing, tabled from the meeting of August 22, 1988, to consider rezoning that portion of property lying East of and abutting Hidden Lake ·Drive and lying between Lake Mary Boulevard 'and Sanford Grant Line from SR-1 (single Family ReSidential Dwelling) District to MR-2 (Multiple Family Residential Dwelling) District. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. Virginia Brouillard, 223 Arbor Circle, Arbors Homeowners Association, requested said rezoning to be tabled until an agreement is finalized. Bruce Tuttie, 300 Cove Lake Ct., Longwood spoke in favor of ~rezoning, requested that this not be delayed further. Mr. Tuttle submitted two letters dated August 6, and August 10, 1988 and submitted a proposed unsigned agreement dated September 12, 1988 between Bruce Turtle, Trustee and Arbors Homeowners Association. Commissioner McClanahan moved to table said rezoning to the meeting of September Seconded by Commissioner Thomas and carried by the vote of the Commission as Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Naye Yea Yea Naye 26, 1988. follows: A Public Hearing was held in accordance with Notice Herald on September 5, 1988, as follows: NOTICE OF CHANGE OF LAND USE published in the Evening The City of Sanford proposes to change the use of the land within the area shown in the map o~..~his advertisement. 19 88 406 i~'; ~.~ .,, : MINUTES City Commission, Sanford, Florida September 12, 19__ 88 ';E'zOh IR. ,~ 46. A. REQ 'M ! ! ;T W. 25TH / City Of San' )rd Section 33, Township 19S Range 30E, E 3 CH of W 30 1/2 CH of S 12 1/2 CH of SW 1/4 as reccrded in the Public Records of Seminole County, Florida. A public hearing on the proposal will be held on Monday, September 12, 1988 at 7:00 o'clock P. M. or as soon thereafter as possible, by the City Commission of Sanford, Florida, in the City Commission Room, City Hall, Sanford, Florida. Interested parties may appear at the meeting and be heard regarding the adoption of the proposed plan. A copy of the Comprehensive'Development Plan is available at the Department of Engineering and Planning at the City Hall, Sanford, Florida and may be insPec'ced by the public. By order of tha City Florida. Commission of the City of Sanford, 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: September 5, 1988 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the amending the Small Scale Comprehensive .Plan. No one appeared. The City Engineer reported the Planning and Zoning Commission recommended approval. Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to rezone said property. Seconded by t~ommissioner McClanahan and carried vote of the Commission as follows: Yea Yea Yea Yea Yea Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith by the On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan' Mayor Smit~.~- Yea Yea Yea Yea Yea MINUTES City Commission, Sanford, Florida 407 September 12, ! Ordinance No. 1971, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1893 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN AND THE EVALUATION AND APPRAISAL REPORT; AMENDING THE FUTURE LAND USE CONCEPT MAP OF THE FUTURE LAND USE PLAN ELEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. 1988. The Chairman announced that a second Public Hearing will be held on September 26, A Public Hearing was held in accordance with Notice published in the Evening Herald on August 23, and September 22, 1988, as follows: August 1, 1988 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE 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 September 12, 1988, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying North of and abutting CR 46 A (West 25th Street) and lying between Lamplighter Drive and Oregon Avenue is proposed to be rezoned from AD (Agricultural) District to MR-1L (Multiple-Family Residential Limited Dwelling) District. Said property being more particularly described as follows: Section 33 Twp 19S Rge 30E, E 3 CH of W 30 1/2 CH of S 12 1/2 CH of SW 1/4 as recorded in the Public Records of Seminole County, Florida. Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an By order of the Florida. City Commission of the City of Sanford, 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. Tam~, Jr. City 'Clerk Publish: August 23, and September 2, 1988. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. No one appeared. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to rezone said property. Seconded by Commissioner Thomas. and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 408 MINUTES City Commission, Sanford, Florida September 12, 19__ 88 commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1972, 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 NORTH OF AND ABUTTING CR 46A (WEST 25TH STREET) AND LYING BETWEEN LAMPLIGHTER DRIVE AND OREGON AVENUE FROM AD (AGRICULTURAL) DISTRICT TO MR-iL (MULTIPLE-FAMILY RESIDENTIAL LIMITED DWELLING) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. A Public Hearing was held in accordance with Notice published in the Evening Herald on August 30, 1988, as follows: August 17, 1988 NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING A STREET TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on September 12, 1988, in the City Commission Room at ti.e City Hall in the City of San~ord, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to a portion of Grandview Avenue lying Noruh of and abutting East 25th Street and lying between Sanford Avenue and Poinsetta Avenue, further described as follows: That portion of Grandview Avenue lying between Lots 41, 42 and 43 and Lots 65, 66 and 67, South Park, according to the plat thereof as recorded in Plat Book 3, Page 62, of the Pubic Records of Seminole County, Florida. All psrties in interest and citizens opportunity tc be heard at said hearing. shall have an By order of th~ City Florida. Commission of the City of Sanford, ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hcazin~, he may.need a verbatim record of the proceedings, including the testimony and evidence, %~ich record is not provided Dy the City of Sanford. (FS 286.0i05~ H. N. Tamm, Jr. City Clerk Publish: August 30, 1988. The Chairman announced that the Commission would bear from those persoos prement to speak in favor of, or in opposition to, the proposed street closing. Dean Ray, 501 E. 24 Place, appeared and questioned if this would open the street for through traffic. Madry White Blancher and Vivian Block appeared in opposition. Klm Townsend, appeared in favor of said closing and stated there would be a buffer at the North end of Lot 41. Commissioner McClanahan suggested to the abutting owners that they request five (5) feet more be closed, vacated and abandoned and this would prohibit through traffic. The City Engineer noted that the City would retain a utility easement and a drainage easement. MINUTES City Commission, Sanford, FIorida 409 September 12,19 _ 88 Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to close, vacate and abandon said street, and retain a utility easement and a drainage easement. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Mayor announced the continuation of a public hearing from the meeting 27, 1988 to consider the second reading and adoption of Ordinance No. 1945. of June Ordinance No. 1.945, 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 WEST OF AND ABUTTING AIRPORT BLVD. AND LYING BETWEEN JEWETT LANE AND WEST 5TH STREET; 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. introduced and placed on first reading at meeting of May 23, 1988 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 adoption of Ordinance No. 1945. No one appeared. Commissioner Mercer moved on the passage and adoption of Ordinance No. 1945. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Thereupon, the Chairman announued that the City Commission of the City of Sanfo£d, Florida, had passed and adopted said Ordinance No. 1945,'entitled: AN ORDINANCE OF THE CITY OF SP~FORD, 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 WEST OF ~D ABUTTING AIRPORT BLVD. AND LYING BETWEEN JEWETT LANE AND WEST 5TH STREET; 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. The Mayor announced the continuation of a Public Hearing tabled from the meetin9 of August 8, 1988 to consider the second reading and adoption of Ordinance No. 1950. Ordinance No. 1950 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 US 17-92 (SEMINOLE BLVD.) AND SCL RR & LYING BETWEEN OLD MONROE ROAD AND RIVERVIEW AVENUE AND THAT ABUTTING PORTION OF PROPERTY LYING NORTHERLY OF US 17-92 (SEMINOLE BLVD.); 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. 41 0 MINUTES City Commission, Sanford, Florida September 12, 19 88 introduced and placed on first reading On June 13, 1988, was next placed on final reading. The Chairman announced the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of Ordinance No. 1950. Request submitted from Ted Arthur, Trustee to delete that portion of property lying North of Highway 17-92. Gary Hunt, Surveyor, submitted an aerial photograph of the parcel to be annexed and felt that with the~ 600 feet North of 17-92 being withdrawn, there was no enclave. Lonnie Groot, Assistant Attorney for Seminole County, reported that even with the withdrawal of the North 600 feet there would still be opposition. The City Attorney reported that there is an East of the subject property and would make it very challenged in court. area that is unincorporated lying difficult to sustain the action if Commissioner Mercer moved to table to September 26, 1988 the public hearing and consideration of said ordinance and requested staff and the City Attorney to negotiate with the owners to attempt to eliminate the County's objections. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in Herald on September 2, 1988, as follows: accordance with August 23, 1988 Notice published in the Evening NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SA~FORD, FLORIDA Notice is hereby given that a Public Hearing will be held in the Commission Room ~t the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on September 12, 1988, to consider the adoption of an ordinance by the City of %anford, Florida, title of which is as follows: ORDINANCE NO. 1968 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN PARK DRIVE AND ELM AVENUE AND BETWEEN WEST 25TH STREET AND PARK DRIVE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an 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: SEPTEMBER 2, 1988 MINUTES City Commission, Sanford, Florida September 411 3.2, Ordinance No. 1968, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN PARK DRIVE AND ELM AVENUE AND BETWEEN WEST 25TH STREET AND PARK DRIVE; PROVIDING FOR SEVERABILITY, CONFLICT AND EFFECTIVE DATE. introduced and placed on first reading at meeting of August 22, 1988 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, adoption of Ordinance No. 1968. No one appeared. Commissioner Eckstein moved on the passage reserving same as a utility easement. vote of the Commission as follows: or in opposition to, the proposed and adoption of Ordinance No. 1968, Seconded by Commissioner Thomas and carried by the Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Thereupon, the Chairman announCed that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1968, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABanDONING A PORTION OF THAT CERTAIN EAST/WEST ALLEY LYING BETWEEN PARK DRIVE AND ELM AVENUE AND BETWEEN WEST 25TH STREET AND PAR DRIVE; PROVIDING FOR SEVERABILITY, CONFLICT AND EFFECTIVE DATE. A Public Hearing was held in accordance with Notice published in the Evening Herald on September 2, 1988, as follows: August 23, 1988 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 bald in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on September 12, 1988, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1969 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABAndONING A PORTION OF THAT CERTAIN STREET LYING BETWEEN VACATED SCL RR ROW AND WEST 16TH STREET AND BETWEEN KENNEL ROAD AND BEVIER ROAD; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an By order of the City Commission Florida. of the City of Sanford, 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: SEPTEMBER 2, 1988 198-8 4t2 MINUTES City Commission, Sanford, Florida September 12, 19 88 Ordinance No. 1969, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF THAT CERTAIN STREET LYING BETWEEN VACATED SEABOARD COASTLINE RAILROAD ROW AND WEST 16TH STREET AND BETWEEN KENNEL ROAD AND BEVIER ROAD PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATED. introduced and placed on first reading at meeting of August 22, 1988 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 adoption of Ordinance No. 1969. No one appeared. Commissioner Thomas moved on the passage and adoption of Ordinance No. 1969. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Thereupon, the Chairman announced that Yea Yea Yea Yea Yea the City Commission of the City of Sanford, Flerida, had passed and adopted said Ordinance No. 1969, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF THAT CERTAIN STREET LYING B~TWEEN VJ. CATED SEABOARD COASTLINE RAILROAD ROW AND WEST 16TH STREET AND BETWEEN KENNEL ROAD AND BEVIER ROAD PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATED. Request submitted from the Code Enforcement Board to consider CEB Case Nc. 86-174 against Mr. and Mrs. Jack, for operation of an adult congregate living facility in violation of the zoning codes and against Charles Cameron, as property owner. Report dated August 29, 1988 submitted from CEB Attorney Donna S. McIntosh as follows: TO: FROM: RE: Frank Faison, City Manager City Commissioners Code Enforcement Board Code Enforcement Board Case for Violation of Old Adult Congregate Living Facilities COde August 29, 1988 On October 30, 1986, the Code Enforcement Board, at the request of the City Commission froze the fine running on CEB Case No. 86-174 against Mr. & Mrs. Jack, for operation of an adult congregate living facility in violation of the zoning codes of the City and against Charles Cameron, as property owner. Since that date, the City has adopted a new code and the Code Enforcement Board requests that the City Commission address CEB Case No. 86-174 and the existing fine which ran from October 15, 1986 until October 30, 1986 at $250.00 per day. Donna S. McIntosh Commissioner Mercer moved to suspend the fine on CEB Case No. 86-174. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea MINUTES City Commission, Sanford, Florida 413 September 12, 19 88 Request received from John Rittenhouse, d/b/a The Store for Him, 3625 Orlando Drive, to waive the $50.00 license fee and $1,000. bonding requirement for "Going Out of Business Sale*from August 18, 1988 through September 30, 1988. The License Official reported that the petitioner license. bond, and of the Commission"as follows: has a current occupation Commissioner Mercer moved to authorize to waive the $50.00 license fee and to refund'said amounts. Seconded by Commissioner Thomas and carried by the vote Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Request from John Gardner, Florida reconsideration of the $954.00 fee for use of 1988. Center. The Commission declined to change the 1988, tentatively accepting bids pending Citrus Sports Association, Inc. for the Civic Center on December 2 through 4, rental fee for said use of the Civic The Chairman noted that Resolution Nos. 1513 and review/acceptance 1514 were adopted on July 25, by Department of Environment Regulation for construction under Dept. of Environmental Regulation (DER) Grant No. 586100. The City Engineer submitted a memo stating that DER has approval to award contracts to the low bidders for the Improvements and the reclaimed Water Distribution System. Commissioner Mercer moved to authorize acceptance of the bid dated June 21, 1988 from Elkins Industrial Constructors, Inc. for construction of Wastewater Treatment Plant Improvements, in amount of $3,926,300. Seconded by Commissioner vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith given verbal notification of Wastewater Treatment Plant Yea Yea Yea Yea Yea Thomas and carried by the Commissioner Thomas moved to authorize acceptance of the bid dated June 21, 1988, from Speegle Construction Inc. for construction of Reclaimed Water Distribution System, in amount of $2,960.807.50. Seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission discussed the proposed Wholesale Water and Sewer Agreement with General Sanford Estates and (Belair Groves Ltd) and Seminole County. Commissioner Mercer moved to approve the proposed agreement for the Wholesale Water and Sewer Agreement, as amended. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 414 MINUTES City Commission, Sanford, Florida September 12, 19 88 Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Request from the Halifax Sailing Association to waive the $5.00 ramp fee for the last weekend in October, 1988 for the Dixie Regatta. The Director from Parks and Recreation Department recommended denial. Commissioner McClanahan moved to deny request. SeConded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Request 'ao authorize the Mayor to execute a 6-month extension of contract with USGS for river flow gauging, from August 1, 1988 to February 1, 1989 at cost of $9,500, for wet weather discharge to the St. Johns River. Conm.issior~er Thomas moved to authorize Mayor to execute said contract. by Commissioner McClanahan and carriud by the vote of the Commission as follows: Seconded Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Maycr Smith Yea Yea Yea Yea Yea RequeSt for .payment of invoice in Holmes for Engineering Services from 6/04/88 sludge handling facility. Commissioner Mercer moved to authorize said payment. Thomas and carried by the vote of the Commission as follows: amount of $2,024.67 from Conklin, Porter and thru 8/19/88, on the construction of the Seconded by Commissioner Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Request for a 120 day eXtension on a condemnation, Report No. 88-1 submitted from Attorney Evelyn Cloninger representing Mary Bowen, to repair and clean up the property at 301 South Palmetto Avenue, condemned on August 22, 1988. Commissioner Mercer moved to approve the extension provided that within ten days the trash would be removed, the grass mowed and the house secured. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McCianahan Mayor Smith Yea Yea Yea Yea Yea Commissioner Mercer moved to accept with regrets the resignation of Ann Brisson from Scenic Improvement Board. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida 415 September 12, 19 88 Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Petitioner submitted from between West 25th Street and vacated described as follows: Harry and Suzanne SCL RR and between Adair for Annexation of property Oregon Avenue and Upsala Road, The North 3/4 of the Southwest 1/4 of the Northeast 1/4 less the North 2 1/2 ch and the South 10 ch of the East 10 chain, AND the South 17-1/2 ch of the East 16.28 ch of the Northwest 1/4, and the North 3/4 of the Northeast 1/4 of the Southwest 1/4 and the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4, All in Section 33, Township 19 South, Range 30 East, said property lying and being in Seminole County, Florida. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to annex said property. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Recommendation submitted by the Recreation Director and City Manager to refurbish the playground area at Ft. Mellon Park, at a cost of approximately $56,284. Commissioner Mercer moved to approve the request with funds in the Public Projects Funds in the amount of $56,284. the vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The City Manager submitted a tabulation of bids as follows: Se 987/88-46 Vinyl Floor Acceptance of bid in Avenue Carpet. Covering (92 Fire Station.) amount of $2,281.5i from Park be 987/88-47 Handguns and Accessories (Police.) Acceptance of lowest bid which meets specifications in amount of $5,640 from Oaks Wholesale of Rockledge. 087/88-48 Health/Life Insurance. Manager to execute contracts Shield for HMO (family $175.12) $127.10, family $201.00). Authorized the City with Blue Cross/Blue and PPO (Individual de 987/88-49 Park bench replacements (Recreation.) Acceptance of bid which meets specifications in amount of $2,133.48 from Miracle Equipment Company, c/o Ned Noland & Assoc. 987/88-50 Rectified Photographs for Historic Buildings in Downtown Area (Engineering and Planning.)Acceptance of lower bid which meets specifications in amount of $2,475.00 from Markham Photography /Perspectimetrics. Commissioner Thomas moved to authorize the acceptance of bids a through e as recommended by the City Manager. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida September 12, 19 88 Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Recommendation submitted by the Community Development Officer, City Engineer, and City Manager for the City to enter an agreement with Florida Department of Community Affairs for a weatherization program grant in amount of $101,798. Commissioner Thomas moved to authorize the Mayor to execute said agreement. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Commissioner McClanahan moved to authorize the approval of the Vouchers for the month of August, 1988. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstain Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Commissioner Thomas moved to approve the Minutes of the regular meeting of August 22, 1988. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follews: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Request submitted fIcm the Scenic Improvement Board to hire Leslie Wilbur, as a contract gardener, at the rate of ~8.27 per hour and .20 cents per mils travel expense. Commissioner Mercer moved to authorize same on a contract basis with a maximum budget of $1,000 from the Public Projects Funds. Seconded carried by the vote of the Commission as follows: Commissioner Eckstein Yea Co~issicner Mexcer Yea Commissioner Thomas Yea Commissioner McCl~nahan Yea Mayor Smith Yea by Commissioner Thomas and The City Attorney reported that he gave oral arguments on the Cooper-Seigler Annexation on September 7, 1988 and the Paulucci-Kastner oral arguments are scheduled for September 27, 1988. Commissioner Mercer reported that the Sanford Airport Authority was seeking ways to provide additional fire and rescue coverage before and after flights for passenger service on an interim basis to comply with FAA regulations and were discussing details with the Seminole County Fire representatives. The Commission authorized the American Legion to move a marker from the baseball stadium site to their new building at 2874 Sanford Avenue. MINUTES City Commission, Sanford, Florida 417 September 12, 19 88 Sharon Williams Edward, read a memo from the Concerned Citizens of Sanford, objecting to action taken by the Sanford Housing Authority for the dismissal of Mr. Smith, Director and Ned Julian, Attorney. Joan S. Clayton submitted a Resolution from the NAACP for same. Turner Clayton, NAACP President, stated his organization would require some action from the City Commission or they will retaliate against the actions of the Sanford Housing Authority. Ruth Hes~er, past president of the Sanford Housing Authority, stated she appeared to support the resolution. Mildred Maquire requested Mr. Smith be reinstated. Tim D. Hutson requested consideration be given to the 480 families in the Sanford Housing Authority. Elliot Smith objected to the action of the Sanford Housing Authority. Alfred DeLattibeaudierre stated he was opposed to the resolution and supported the Housing Commission's authority to act as a board. The City Attorney reported that the City Commission has to act according to the Florida Statutes 42~.07, which is to appoint or remove a Commissioner, that the City Commission has no authority to conduct the day to day opeIations of the Sanford Housing Authority. If the Sunshine law has been violated it is a misdemeanor and should be investigated. A Housing Authority Commissioner can not be removed from office without due process and the Commissioner given & copy of charges, hearing set and appear in person and/or be represented by council. The reasons provided in the Florida Statutes for removal would be for inefficiency, negligence of duty or misconduct whi~e in office The Commission can refer investigations to the City Police, Sheriffs Department, Attorney General, or staff. The Commission has no authority to reinstate a Housing Authority employee. The Commission authorized a work session meeting to be called on Monday, September 26, 1958 at 4:00 o'clock p.m. to review the comments presented. There being no further business the meeting was adjourned. Attest: