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011392-Regular Meeting228 MINUTES City Commission, Sanford, Florida 19 9A?.~ The City Commission of the City of Sanford, 'Florida met in Regular Meeting on Monday, January 13, 1992 at 7:00 o'clock P.M. in the City commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. A. McClanahan Commissioner Lon Howell Assistant City Attorney Donna L. McIntosh City Manager William A. Simmons City Clerk Janet R. Donahoe Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Continuation of Public Hearing to consider condemnation of structure(s) at 1800 West Airport Boulevard, Condemnation Report No. 91-16, continued from November 11, 1991 Regular Meeting, with stipulation that owner spray-clean and apply a sealer coat to the building, and board up the windows and doors. Johnny Walker, Trustee, owner, 1800 West Airpot Boulevard, appeared and thanked the Commission for the previously authorized 60 day extension. On recommendation of City Manager, Commissioner Thomas moved to remove the aforesaid property from the Condemnation list, for one (1) year, with stipulations that the owner keep the property cleaned up, the building secured, and keep the hedgerow along Airport Boulevard and Country Club Road trimmed so it does not inhibit driver sight distance at the intersection. Also, to reconsider the property for condemnation at the end of one (1) year. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3094, as advertised in the Sanford Herald on December 26, 1991, and January 2, 1992. Ordinance No. 3094, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN OLD LAKE MARY ROAD AND RIDGEWOOD AVENUE AND BETWEEN SR 46A (WEST 25TH STREET) AND SR 425 (AIRPORT BOULEVARD); 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 December 16, 1991, was next placed on second 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, proposed Ordinance No. 3094. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3094. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3095, as advertised in the Sanford Herald on December 26, 1991, and January 2, 1992. MINUTES City Commission, Sanford, Florida 229 Ordinance No. 3095, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3075, AND ADOPTING AN AMENDED SALARY CLASSIFICATION PLAN EFFECTIVE IMMEDIATELY, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on. first reading at meeting of December 16, 1991, was next placed on second 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, proposed Ordinance No. 3095. No one appeared. Commissioner McClanahan moved on the second reading and adoption of said Ordinance Seconded bY Commissioner Howell and carried by the Vote of the Commission as No. 3095. follows: Mayor Smith Aye CommissiOner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3096, as advertised in the Sanford Herald on December 26~ 1991, and January 2, 1992. Ordinance No. 3096, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND SOUTHWEST ROAD AND BETWEEN OLD LAKE MARY ROAD AND SOUTHWEST 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. introduced and placed on first reading at meeting of December 16, 1991, was next placed on second 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,'proposed Ordinance No. 3096. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3096. Seconded by Commissioner Eckstein and carried by the vote of the Commission as folloWs: Mayor smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Abstinaed Commissioner Howell Aye Commissioner McClanahan abStained from voting, and will file a Conflict of Interest form. Requests from Paralyzed Veterans of America for free use of Civic Center and for Special Event Permit on April 10, 11~ and 12, 1992. On recommendation of City Manager, Commissioner Thomas moved to deny request for total free use in amount of $1,650.00, to authorize a reduced fee to cover the City's costs in estimated amount of $486.00, plus hiring and payment of police officers, and approval of Special Event Permit. Seconded by Commissioner Howell and carried by the vote of' the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL,, AND OTHER LOCAL PUBLIC OFFICERS LAST NAMEmFIBST NAML--MIDDLF NAME McClanahan, A. A. MAILING ADDRESS 409 Editha Circle CITY COUNTY Sanford Semi nol e DATE ON WHICH VOTE OCCURR£D ~lanuary 13, 1992 NAME OF BOARD, COUNCIL., COMMISSION. AUTHORITY. OR COMMITTEE City CommissiOn 1 HE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE. ON WHICH I SEKV~ IS A UNIT OE: ~X CITY COUNTY ~.': OTHER I.OCA[ AGENCY NAME OF POLITICAL SUBDIVISION: City of Sanford MY POSITION IS: ELECTIVE ~ ] APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of'interest will ~ary greatlydepending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing, the reverse side and filing Ihe form. INSTRUCTIONS FOR ooMPUANCE WITH SECTION 1t2.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local, public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency} by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ., A person holding appointive cb~umy, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherxvise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to tile other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file.it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. A.A. McClanahan , hereby disclose that on (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to The special gain of th) The meas.ure before my agency and the nature of my interesl in the measure is as follows: I abstained from voting on the motion to adopt Ordinance No. Ordinance to annex property into Sanford which McClan~han~ and me. · . January 13 ,19c~? , by whom ! am retained. 3096, said owned by my wife, Carolyn NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED !:i: ' 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 SAEARY, REPRIMAND, OR ^ CIVIL PENALTY NOT TO EXCEED $5,000. 23O MINUTES City Commission, Sanford, Florida 19 Request from Bethel Christian Church, 2999 Marquette Avenue, for waivers of required paved parking and required landscape islands. On recommendation of City Manager, Commissioner McClanahan moved to authorize the use of grass ground cover on parking spaces, with drive lanes to be paved as required, and to deny request to waive landscape islands, which will break-up groups of 10 or more parking spaces. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Requests from The Rivership Grand Romance regarding right-of-way use permits on Seminole Boulevard; crosswalk~ with flashing lights, across Seminole Boulevard; multiple liquor licenses for Seminole Boulevard property; and additional liquor license for 433 North Palmetto Avenue. Right-of-Way Use Permits for 10-foot wide cement pad from north edge of Seminole Boulevard to existing seawall on Lake Monroe. Commissioner Eckstein moved to approve, subject to final engineering approval. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Permission to install crosswalk across Seminole Boulevard, connecting with cement pads on either side of roadway; and two flashing yellow lights and two crosswalk signs for crosswalk. Assistant City Attorney reported that there would be no greater risk of liability to the City than any other area in the City where there are crosswalks. City Manager reported that no parking will be allowed along the north side of Seminole Boulevard. Nanci Yuronis, 'Rivership Grand Romance, appeared and reported that estimated time of completion is one year, and that she has no intention of boarding or dropping off passengers on Seminole Boulevard. Commissioner McClanahan moved to approve the installation of a crosswalk across Seminole Boulevard, with installation of lights and signs in accordance with FDOT greenbook regulations; requestor to pay all costs regarding same. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Multiple Liquor Licenses for Seminole Boulevard property. Commissioner McClanahan moved to refer request to Planning and Zoning Commission for proper Conditional Use Approvals, with City Commission to consider this item after Planning and Zoning Commission action. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Additional Liquor License at 433 North Palmetto Avenue. Commissioner Thomas moved to approve, with a "Class 3-Special" City Registration. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye MINUTES City Commission, Sanford, Florida January 13 19 92 Request from Seminole County Mental Health Center, Inc., to use three single-wide temporary office trailers at 2462 Park Avenue. On recommendation of City Manager, Commissioner McClanahan moved to authorize same as requested, during internal renovations until June, 1992, with units to be placed as shown on diagrams submitted, and meet all applicable codes, and with stipulation that landscape buffer/hedge on Oak Avenue be preserved and no new entrance or use of Oak Avenue curb cut. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request for waiver of sprinkler ordinance at Ritz Theatre. Mr. Pearlman appeared to support his request for a waiver of required sprinker system. On recommendation of City Manager, Commissioner Eckstein moved deny request for waiver of the sprinkler ordinance in the case of the proposed public assembly usage, based on Fire Marshall's recommendations. of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay Seconded by Commissioner Thomas and carried by the vo=e Three Interlocal Agreements with Seminole County. On recommendation of City Manager, Commissioner McClanahan moved to authorize the Mayor to execute said Interlocal Agreements with Seminole County, for Sanford Housing Rehabilitation, County-wide Emergency Housing Repair, and County-wide Rental Rehabilitation Program. ~Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye School Facility Use Agreement - Swimming Pool. On recommendation of City Manager, Commissioner McClanahan moved to authorize City Manager to send written notification to the Seminole County School Board that the City will not waive the bond referendum approval condition contained in said agreement, and that the City will not proceed with funding of its share of the design and construction costs. the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner Howell and carried by Request from The Bikini Club, 2617 South Orlando Drive, for Dance Hall License. Steven Kutner, attorney/representative for Denny Pennel, President, The Bikini Club, and Marley Stuart, Manager, The Bikini Club appeared in support of said request. 2 3 2 MINUTE S City Commission, Sanford. Florida January 13 19 93~ Commissioner McClanahan moved to table consideration of request for Dance Hall License until January 27, 1992, pending receipt of comments/recommendations from City Attorney. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Cemetery Maintenance Contract. Commissioner McClanahan moved to table consideration of said contract, pending review/comments by City Attorney. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Board appointments/resignation. ae Scenic Improvement Board: City Clerk reported that the terms of Connie Williams, Juanita Mercer, David Bach, and William R. Wilkins expire January 31, 1992, and that all are willing to serve again, if re-appointed; however, Mrs. Mercer has served the maximum number of terms permitted by City Code, and', therefore, is not eligible to serve again. Also, resignation received from Louis Savard. Commissioner Howell moved to accept resignation from Louis Savard. Seconded by Commissioner McClanahan hand carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commissioner McClanahan moved to re-appoint Connie Williams, David Bach, and William R. Wilkins to the Scenic Improvement Board. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye City Commission to consider appointments for two remaining vacancies at February 2, 1992 Regular Meeting. Be Public Employees Relations Commission: City Clerk reported that Les Owens submitted his verbal resignation from PERC, that according to the PERC Clerk, the PERC Ordinance provides that the City Manager appoint members and the City Commission confirm appointments. Commissioner McClanahan moved to accept Mr. Owens resignation from the PERC Commission. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye City Manager to provide recommendation for replacement at January 27, 1992 Regular Meeting. Commissioner McClanahan moved to confirm Neutral/City/Employee designation of four members and on vacancy, as described in memo dated January 10, 1992, from Personnel Director. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Condemnations --Status Report/Time Extension/Demolition. A. Status report. No action taken or required. MINUTES City Commission, Sanford, Florida January 13 233 19 92 Request for time extension regarding Condemnation Report 990-8, 412 and 414 Cypress Avenue, K.S. Johnson, Heirs/Ruth J. Allen, owner. On recommendation of City Manager, Commissioner Thomas moved to authorize a 90 day extension. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ce Request to authorize demolition regarding Condemnation Report 991-18, 1010 West 13th Street, Mary Smith, owner. Mary Smith, owner, appeared and reported that she had thought she would be able to pay monthly installments to cover the demolition costs, however, her budget does not allow, and requested that the City demolish and levy a lien against the property to cover said demolition costs. On recommendation of City Manager, Commissioner Howell moved to authorize Public Works to demolish the aforesaid property, and to levy a lien against said property to cover the costs incurred to perform said demolition. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request to declare Police Weapon surplus and present to police officer upon his retirement. Commissioner McClanahan moved to declare Sig Sauer Model P226 9mm pistol, serial ~U-167-312, City Inventory 93309, surplus, and give to Lt. Bucky Hayden upon his retirement. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Recommendations from Planning and Zoning Commission Meeting of December 5, 1991, as described in memo dated December 12, 1991, from Land Development Coordinator. Recommendation submitted from Planning and Zoning Commission to approve Final Plat for Silver Lake Industrial Park. City Manager reported receipt, today, of letter from Donald W. McIntosh and Associates, proposing to make a number of minor changes to the Plat prior to signing. Commissioner McClanahan'moved to table consideration of final plat for Silver Lake Industrial Park, until January 27, 1992 Regular Meeting, pending said changes. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Recoiim,endations from Planning and Zoning Commission Meeting of December 19, 1991, as described in memo dated December 20, 1991, from Land Development Coordinator.and January 2, 1992. On recommendation of Planning and Zoning Commission, Commissioner McClanahan moved to re-affirm City Commission's action at December 16, 1991 Regular Meeting, to approve Conditional Use for Class 1 alcoholic beverage registration for package sale of beer and wine, for property located at 1301 West 25th Street, H.H.J. Goods, Inc., owner. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye CommJ.ssione~ Thomas Aye Co~'~.~ssione~: McClanahan Aye Commissioner Howell Aye 234 City Commission, Sanford, Florida January 13 1992 Recommendations from Planninq and Zoninq Commission Meeting of January 2, 1992, as described No further action required in memo dated January7, 1992, from Land Development Coordinator. or taken. Consent Agenda Items. A. Requests for payment of statements. (1) From Florida Environmental Management, Inc., for preparation of Police Department Remedial Action Plan ..................... $2,900.00 (2) From Professional Service Ind., Inc., Jammal & Associations Division, for Reclaimed Water Diustribution System-Kaywood Estates ....................................................... $ 288.50 (3) From Professional Service Indf. Inc., Jammal & Associates Division, for vacuum Sewer Collection System-Contract I ....... $ 481.00 (4) From City Attorney for Professional Services for the month of December, 1991 ............................................. $5,165.46 (5) From.Conklin, Porter & Holmes, Inc. for Site 10, Contract II, Martin Paving Recission of Low Bid ............................ $3,538.03 B. Tabulation of Bid %91/92-17, LabOratory Equipment (Utility Department). City Manager recommended acceptance of lowest bids, in total amount of $10,525.33, as described in memo from Utility Director. C. Approval of Vouchers for the month of December, 1991. On motion of Commissioner Thomas, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: the Commission: A. B. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Authorized payment of statements (1) through (5). Accepted lowest bids, in total amount of $10,525.33, as described in memo from Utility Director. C. Approved Vouchers for the month of December, 1991. Information for lump sum contract invoices. The Commission acknowledged sixteen lump sum contract invoices approved for payment totalling $433,501.62. Affordable Housing Demonstration Project. On recommendation of City Manager, Commissioner Thomas moved to approve Developer's Agreement for Affordable Housing Demonstration Project, subject to minor editorial changes and approval by City Attorney. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Status ReDort by Assistant Cit~ Attorney and City Manager regarding Sanford Gasification Plant. Assistant City Attorney reported she and City Manager met with the attorney for Florida Public Utilities, that said entity will be filing a lawsuit, which will name the City of Sanford asa defendant, along with the other four past property owners/operators, and will seek a declaration in the Circuit Court on liability, as well as compensation for any monies put forward in the contamination assessment and remediation of the ~ite. Further, Florida Power & Light, Florida Power Corporation and Atlanta Light and Gas have decided not to voluntarily participate in the funding of the Contamination Assessment Report. Also, if the City of Sanford agrees to pay 1/5 of $85,000.00, for the On-site COntamination Assessment MINUTES City'Commission, Sanford, Florida · January 13 235 19 92 Report, and waives any claim against Florida Public Utilities for off-site contamination, they will not name the City as a defendant in said lawsuit. Assistant City Attorney recommended that the City Commission decline said offer. City Manager gave a brief history of the Sanford Gasification Plant. He reported that for over 60 years (before 1900 until 1952), gas for lighting and heating within the City was produced in the City of Sanford through a process known as coal gasification. Further, the by-products of this process was the generation of coal tar as well as some other environmentally sensitive products. Further, the City of Sanford is one of six owner/operators, who owned (8 years) and operated (4 years) said plant, and that all owner/operators share a certain liability for this problem. Also, Florida Public Utilities who is the current owner of said property, never operated the plant as a gasification facility. Also, the City of Sanford owns some right-of-way, offsite, where-some of the coal tar appears to have migrated (a street crossing and Cloud Branch). City Manager recommended that the City COmmission authorize Staff to obtain a proposal from an environmental consultant to determine the extent of off-site contamination in Mill Creek and Cloud Branch stream beds. Commissioner McClanahan moved to decline the above-mentioned offer from Florida Public Utilities to not name the City of Sanford as a defendant if the City will agree to pay 1/5 of the on-site Contamination Assessment Report, and waive any claim against Florida Public Utilities for off-site contamination, and authorized Staff to obtain a proposal from an environmental consultant to study Cloud Branch and Mill Creek stream beds for contaminants and pollutants. Secondedby Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Assistant City Attorney reported that contaminates tested on site were determined not to fall under hazzard waste, and remain polutants and contaminants. Contract with Metropolitan Systems, Inc., for bus stop benches. On recommendation of City Manager, Commissioner Thomas moved to approve said contract with Metropolitan Systems, Inc., for bus stop benches, with the inclusion of "No advertising on benches in residential areas" in Paragraph 14, of said agreement. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from New Tribe Mission Homes, to temporarily double the usage of recreational vehicle sites at 1701 East Celery Avenue, during the first two weeks of February, 1992. On recommendation of City Manager, Commissioner McClanahan moved to authorize temporary double use of recreational vehicle sites, at 1701 East Celery Avenue, for overflow accomodations for persons attending 50th Anniversary Celebration, during the first two weeks of February, 1992, as requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida January 13 19 92_ Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Trash and conduct at food stamp office. The Commission instructed City Manager to contact someone at the Sanford Food Stamp Office, to discuss/resolve trash problems which exist due to persons, waiting in long lines for long periods of time to obtain food stamps, who improperly dispose of trash. Status regarding redistricting. Assistant City Attorney reported that she and Director of Planning and Development met with Plaintiff's attorney, and that at Plaintiff's attorney's request, another alternative was discussed and submitted with the original plan, for consideration. Further, a letter was sent to Plaintiff's attorney requesting resolution, to which we are awaiting response. Further, there will be no redistricting changes until the Court has reviewed and approved a plan. One Harbour Place. Assistant City Attorney reported that Sun Bank was served a 30 day right-to-cure letter, and that Sun Bank has requested a 90 day extension through March 31, 1992. Also, in good faith, Sun Bank has paid $5,000.00 in rental fees for November 91/92. Commissioner Howell moved to authorize a 90 day extension to March 31, 1992 on Sun Bank's 30 day right-to-cure letter. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Site 10- Citrus Grove Operation, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize Staff to negotiate Citrus Operation and Maintenance Contract, and to report back to the Commission if there is any way to reduce costs. Said motion died for lack of a second. Commissioner Eckstein moved to authorize Staff to proceed with implementation of Hay Operation on that portion of Site 10 previously planned for Citrus Operation. Seconded by Commissioner Howell. City Manager reported that there are some contracts awarded which have some features in them that are not necessary if the Commission does not wish to utilize reclaimed water for freeze protection, and that it remains to be seen whether the City can retract from said contracts. Further, if the Commission does not pursue citrus at all, Staff needs direction relative to change ordering of Contract #3. City Manager reported that should the City Commission choose hay rather than citrus, the City would not need: 1) The large pumping facilities for freeze protection, 2) Existing large diameter pipes would not be required for irrigation of hay crop, 3) Back-up generators associated with the pumping station, and 4) The 34 million gallon storage capacity on "Site 10" (would not recommend dropping - could provide better storage or use as surge capacity). Further, Change Orders to Contracts would need to be negotiated. Commissioner McClanahan moved to table consideration of possible Site 10 Citrus grove operation. Said motion died for lack of a second. MINUTES City Commission, Sanford, Florida Janizary 13 237 The Mayor called for the vote of the Commission on the foregoing motion to authorize Staff to proceed with implementation of Hay Operation on that portion of Site 10 previously planned for Citrus Operation; with Staff to negotiate appropriate Change Order(s) to Contract 3, to delete/change items for implementation of Hay Operation, as discussed by City Manager. Said motion passed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Aye Refuse/Recycling Program (Solid Waste). On recommendation of City Manager, Commissioner McClanahan moved to increase garbage collection to two-days per week, with one-day per week for yard trash/recyclable collection, with notification of same to customers, to authorize personnel re-classifications as described in memo dated January 10, 1992, from Public Works Director, and to approve the purchase of an additional packer, and authorization for Finance Director to secure financing for same. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner Howell and carried by the Attest: There being no further business, the meeting was adjourned. R 1992_