102692-Regular Meeting43O
MINUTES
City Commission, Sanford, Florida
Regular Meeting
October 26, 1992
Monday, October 26,
Sanford, Florida.
Present:
The City Commission of the City of Sanford, Florida met in Regular Meeting on
1992 at 7:00 o'clock P.M. in the City Commission Room, City Hall,
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.
Certificates of Appreciation.
Mayor Smith reported that recently St. John Missionary Baptist Church's foundation
was lowered to accommodate the handicapped, that the Church has recognized City employees:
Billy Gilchrist, Rick Davis, Wilma J. Cardonillo and Gary Winn, for their assistance with
said project, and presented each employee with a Certificate of Appreciation for same.
Presentation of Resolution from Florida League of Cities.
Mayor Smith reported that the Florida League of Cities has adopted a resolution
recognizing and commending the following City employees: Larry Lawrence, Hoke Hinson,
Richard Cohen, Ernie Ellenburg, Bill Clemens, Jerry Ransom, Dean Rainville, Kip Parshall,
Alicia Clarke, Gerald TaYlor, Lt. Mike Rotundo, Lt. Doug Bishop, Sgt. Bonnie Nance, Officer
Bob Bartholow, Officer Rick Cummings, Officer Gary Smith, Minnie Smith, Kelley Bartholow, Ed
Manning, and Carl Higgs, for their contribution to the "Hurricane Andrew" relief efforts.
Mayor Smith read said resolution and presented each employee with a copy of same.
Continuation of Public Hearing to consider rezoning a portion of property lying between U.S.
17-92 (French Avenue) and Laurel Avenue and between West 15th Street and West 18th Street,
from SR-1A, Single-FamilyDwelling Residential, to GC-2, General Commercial, Seminole County
School Board, owner; R. Hardwick/Tidewater Enterprises, Inc., apDlicant, tabled at September
14, 1992 Regular Meetinq, as discussed at tonight's Work Session.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in oppos2Ltion to, the rezoning. No one appeared.
City Manager reported that at the October 12, 1992 Regular Meeting, the Commission
authorized Staff to pursue acquisition of the Seminole County School Board property across
from Sanford Middle School. Further, today, Rick Hardwick submitted a proposed offer to
assign his contract to the city, which will be analyzed by Staff/City Attorney, for
presentation at the November 9, 1992 Meeting. City Manager recommended that the public
hearing and rezoning action associated with said hearing, be tabled to no specific time
certain.
On recommendation of City Manager, Commissioner McClanahan moved to table the
public hearing. Seconded by Commissioner Thomas 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
Regular Meeting
451
October 26,
Public Hearing to consider the Settlement of The Leather Specialty Company d/b/a Howe
Industries v. City of Sanford, Case #92-508CC-20-H, as discussed at tonight's Work Session.
Assistant City Attorney reported that The Leather Specialty Company filed a lawsuit
against the City, claiming $9,000.00 worth of damage, for improper abandonment of a utility
line, and that Mike Roper, Insurance Defense Counsel, recommends acceptance of settlement
offer in amount of $6,500.00, with no admission of liability.
Commissioner Thomas moved to accept Settlement Offer from The Leather Specialty
Company d/b/a Howe Industries in amount of $6,500.00, with no admission of liability.
Seconded by Commissioner Howei1 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
Continuation of consideration of request to operate a Dance Hall at 420 Sanford Avenue,
tabled at October 12, 1992 Regular Meeting. pending City Attorney recommendation, as
discussed at tonight's Work Session.
Woman appeared and submitted a letter to the Mayor for City Commission review.
Mayor Smith reported said letter outlines plans to use the subject property for a
cultural and study group, in additional to the previously requested Dance Hall.
Ronald Thompson, Love Track, owner, appeared and reported that there are no set
days of operation, that the club will probably be open on Friday and Saturday night, and
other nights of the week as deemed necessary.
Assistant City Attorney reported that City Code prohibits bottle clubs in the City
of Sanford, and recommended that Staff meet with Mr. Thompson, to determine his intentions
for the property, and that Staff develop regulations/restrictions based on said plans, for
City Attorney review, and presentation at the November 9, 1992 Regular Meeting, for City
Commission consideration.
On recommendation of Assistant City Attorney, the Commission took no action, and
continued consideration of this item until November 9, 1992 Regular Meeting, pending meeting
between Staff and Mr. Thompson, to determine his intentions for the property, and Staff's
written recommendations regarding regulations/restrictions.
Continuation of request to apply to Planning and Zoning Commission for a Conditional Use
(Class 3 Alcoholic Beverage Registration) at Riverboat Plaza. Mayor Smith reported that the
request has been withdrawn by the requestor, Peter O'Brien, The Eagles.
Requests from Kay Bartholomew, SHDWA and Dave Fart, Chamber of Cost~,erce, for Special Event
Permits regarding Annual St. Lucia Festival. SHDWA concurred with annual closure of First
Street for St. Lucia Festival.
A. St. Lucia Festival on December 12 and 13, 1992, from 7:00 A.M. to 5:00 P.M.
[200 Participants - Projected Spectators 5,000]. Includes request to close
First Street from Park Avenue to Palmetto Avenue.
B. St. Lucia/Street Parade on December 12, 1992 at 2:00 P.M. Includes request
to close First Street between Sanford Avenue and San Carlos Avenue and close
Seminole Boulevard between San Carlos Avenue and City Hall (Myrtle Avenue)
between Noon and 3:30 P.M.
C. St. Lucia/Christmas Boat Parade on December 13, 1992, from 7:00 P.M. to 8:30
P.M. on Lake Monroe [20-25 Participants - Projected Spectators 1,000].
Includes request to close Seminole Boulevard from Sanford Avenue to San Juan
Avenue.
1992
MINUTES
City Commission, Sanford, Florida Regul ar Meeting
October 26,
19 92
On recommendation of City Manager, Commissioner Eckstein moved to approve Special
Event Permits for A, B and C, above. Seconded by Commissioner Thomas 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 from Sanford Historic Trust, Inc., to hang a banner across First Street, with City
crews to install, for Holiday Tour of Homes, from November 16 through December 7, 1992.
Commissioner Howell moved to authorize City crews to hang banner as requested. Seconded by
Commissioner Thomas 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 for free use and request for reduced rate of Civic Center.
From Retired Senior Volunteer Program, for free use of Civic Center, for "A
Whale of a Sale" (garage sale) on May 8, 1993.
From Mayor Smith, for reduced rate, The Mayor's Soup-er Supper on November
25, 1992.
On recommendation of City Manager, Commissioner Thomas moved to approve reduced
rates for A ($300.00) and B ($90.00), above. 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
Request from Marian Lupien d/b/a D & M Gourmet Hot Dogs, for Open-Air Restaurant at 1401
South French Avenue (Al's Army NavyStore). On recommendation of City Manager, Commissioner
McClanahan moved to approve open-air restaurant as requested. 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
Petition to annex (water service only) a portion of property lying between HighWay and SCL
RR right-of-way, Dan and Marjorie Davis, owners. On recommendation of City Manager,
Commissioner Eckstein moved to authorize water service, with applicant to pay all costs and
fees associated with same, and to record Annexation Petition and annex property when
annexable. 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
Franchise Agreements with Western Waste Industries, Inc., and Waste Management of Orlando,
Inc., for Solid Waste Collection.
On recommendation of City Manager, Commissioner Thomas
moved to authorize execution of said Franchise Agreements with Western Waste Industries,
Inc., and Waste Management or Orlando, Inc.; term of agreements to be one (1) year (October
1, 1992 to September 30, 1993). Seconded by Commissioner Howell and carried by the vote of
the Commission as follows:
MINUTES
City Commission, Sanford, Florida
Rogular Meeting
433
October 26:
19 92
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Board appointments/re-appointments.
ae
Henry Shelton Sanford Memorial Library-Museum: City Clerk reported that the
terms of Irma Dangleman, Alfreda Wallace, and Myra Bales expire November 4,
1992, that Ms. Dangleman and Ms. Wallace have served the maximum number of
terms allowed, and, therefore, cannot be re-appointed. Also, Ms. Bales is
willing to serve again, if re-appointed.
Commissioner McClanahan moved to re-appoint Myra Bales to the Henry Shelton
Sanford Memorial Library-Museum. 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
Commissioner Eckstein moved to appoint Sylvia Stallworth, subject to her
acceptance of said appointment, to serve on the Henry Shelton Sanford
Memorial Library Museum. Seconded by Commissioner Thomas 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
The Commission will consider appointment for the remaining vacancy at the
November 9, 1992 Regular Meeting.
Liability Insurance Coverage, as discussed at tonight's Work Session. On recommendation of
City Manager, Commissioner Eckstein moved to change liability insurance coverage with Florida
League of Cities to include a $25,000.00 deductible retroactive to October 1, 1992. Seconded
by Commissioner Thomas 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
Consent Agenda.
A. Requests for payment of statements.
(i)
From Muller, Mintz, Kornreich, Caldwell Casey,
Crosland & Bramnick for professional Services ............... $
34.50
(2)
From Attorney's Title Insurance Fund, Inc. for professional
services - title research and abstract preparation for
Pace-Jackson Cemetery property .............................. $ 1,200.00
(3) From Universal Engineering Sciences for:
(a) Water Reclamation Facility Expansion ................... $ 1,587.00
(b)
Sewer Rehab. (I&I) - Clairmont Ave.,and Terrace Drive,
Geneva Gardens ......................................... $
96.00
(c)
Reclaimed Water Transmission Mains,
Site 10, Contract I .................................... $
64.00
(d)
Westerly Reclaimed Water Transmission System,
Contract I ............................................. $
102.00
(e) Rosalia Avenue Water Main Extension .................... $ 428.00
(f) Water Reuse System Master Pump Station, Grove
Irrigation System, Site 10, Contract III ............... $ 2,740.00
(g)
Clearing, Grading - Ponds and Stormwater Management
System, Site 10, Contract II ........................... $ 8,702.00
434
MINUTES
City Commission, Sanford, Florida
Regular Meeting
October 26, 19 92
B. Tabulations of Bids.
(1)
Bid %92/93-01, Irrigation Materials (Utility Department). City Manager
recommended acceptance of the only bid, which met specifications, for
Section I, from Florida Irrigation in total estimated amount of
$2,454.78; and acceptance of lower bid, which met specifications, for
Section 2, from Zaun Equipment in total estimated amount of $366.92.
(2)
Bid %92/93-02, Water Distribution Materials (Utility Department). City
Manager recommended acceptance of lowest bid, which met specifications,
per each section (19 Sections),atunit prices as outlined in memo dated
October 12, 1992, from Utility Director.
(3)
Bid %92/93-03, Vehicle Lift (Public Works Department). City Manager
recommended acceptance of lowest bid meeting specifications, from
Sunshine Equipment Sales, Inc. in amount of $3,695.00. (Lower bidder,
Automotive Concepts, did not meet specifications.)
Approval of Minutes of September 28, 1992 Regular Meeting, Minutes of October
5, 1992 Joint Meeting with Seminole County School Board, Minutes of October
12, 1992 Work Session, and Minutes of October 12, 1992 Regular Meeting.
On motion of Commissioner Howell, seconded by Commissioner Thomas 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
the Commission:
A. Authorized payment of statements (1) through (3).
B. (1)
Accepted only bid, which met specifications, for Section I, from Florida
Irrigation in total estimated amount of $2,454.78; and acceptance of
lower bid, which met specifications, for Section 2, from Zaun Equipment
in total estimated amount of $366.92.
(2)
Accepted lowest bid, which met specifications, per each section (19
Sections), at unit prices as outlined in memo dated October 12, 1992,
from Utility Director.
(3)
Accepted lowest bid meeting specifications, from Sunshine Equipment
Sales, Inc. in amount of $3,695.00. (Lower bidder, Automotive Concepts,
did not meet specifications.)
Approved of Minutes of September 28, 1992 Regular Meeting, Minutes of October
5, 1992 Joint Meeting with Seminole County School Board, Minutes of October
12, 1992 Work Session, and Minutes of October 12, 1992 Regular Meeting.
Information regarding lump sum contracts.
The Commission acknowledged five lump sum contract
invoices approved for payment totalling $171,563.05.
Weekly Rentals.
Commissioner Howell requested the status of weekly rentals.
Assistant City Attorney reported that she will check with Bill Reischman,
Stenstrom, McIntosh, Julian, Colbert, Whigham and Simmons, who is researching the matter, and
report back to the Commission at the next meeting.
Resolution No. 1647, regarding county Wide School Safety Busing Con~mittee, as discussed at
tonight's Work Session. Commissioner Thomas moved to adopt Resolution No. 1647, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ENDORSING
THE ESTABLISHMENT OF A COUNTY-WIDE SCHOOL SAFETY BUSINESS
COMMITTEE COMPOSED OF REPRESENTATIVES FROM SEMINOLE
COUNTY SCHOOL DISTRICT, SEMINOLE COUNTY BOARD OF COUNTY
COMMISSIONERS, SEMINOLE COUNTY SHERIFF'S DEPARTMENT AND
APPROPRIATE PUBLIC SAFETY PERSONNEL FROM EACH
MUNICIPALITY THEREIN TO REVIEW ALL DESIGNATED SCHOOL BUS
STOPS AND REQUESTS FOR SAFETY BUSING AS IT RELATES TO
SAFETY; PROVIDING FOR AN EFFECTIVE DATE.
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
MINUTES
City Commission, Sanford. Florida Regular Meeting
435
October 26,
1992
Midway Canaan Water Association, Inc., as discussed at tonight's Work Session.
On recommendation of Assistant City Attorney, Commissioner Thomas moved to
authorize execution of Agreement appointing William Royster as receiver for Midway Canaan
Water Association, Inc. 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
Request from Holiday Inn/Lake Monroe for Special Event Permit, for Sailboat~Regatta, November
7, and 8, 1992 from 10:00 A.M. to 3:00 P.M., as discussed at tonight's Work Session. On
recommendation of City Manager, Commissioner McClanahan moved to approve said Special Event
Permit as requested. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Nay
Request from Willett Oldsmobile-Cadillac, Inc., for Tent Permit, for Special Auto Sales, from
October 22, 1992 thru November 15, 1992, as discussed at tonight's Work Session. On
recommendation of City Manager, Commissioner Eckstein moved to waive 180 day requirement
between successive tent permits, and to approve tent permit as requested. 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
Agreement with Sanford G~mnastics Association, Inc., for use of building/grounds at 601 East
25th Place, as discussed at tonight's Work Session. On recommendation of City Manager,
Commissioner Howell moved to authorize execution of said Agreement with Sanford Gymnastics
Association, Inc. in amount of $1,000.00 per month, from November 1, 1992 through April 30,
1993. 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 K-9 Yoscha retired (surplus), for authorization to sell Yoscha to
his handler for $1.00, and authorization to advertise for bids to replace K-gs Yoscha and
Jammer, as discussed at tonight's Work Session. On recommendation of City Manager,
Commissioner Eckstein moved to declare police K-9 Yoscha retired (surplus), to authorize the
sale of Yoscha to his handler for $1.00, and to authorize Staff to advertise for bids to
replace Yoscha immediately; replacement for Jammer to be deferred until procurement and
training of first replacement K-9. Seconded by Commissioner Thomas 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
436
MI TES
City Commission, Sanford, Florida
Regular Meeting
October
1992_
Concerned Organized Men in Action ("COMA").
Mayor Smith recognized Reverend Nolan Pitts, St. James AME Church, Bernard Mitchell
and other members of COMA for their efforts.
Albert Fryer invited the Commission and audience to join in the fight.
There being no further business, the meeting was adjourned.
-'M AjY 0VR "
Attest:
' City Clerk