110992-Work SessionMINUTES
City Commission, Sanford, Florida Wnrk 5oq q inn
437
November 9,
19 92_
The City Commission of the City of Sanford, Florida met in Work Session on Monday,
November 9, 1992 at 4:30 o'clock P.M. in the City Manager's Conference 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
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Request from Robert N. Parsell, Jr., President, Sanford Ace Hardware, Inc., to speak to the
Commission regarding outstanding Utility Taxes due for propane sales. Robert N. Parsell,
Jr., President, Sanford Ace Hardware, Inc. was present.
Dave Farr, Executive Director, Chamber of Commerce reported that Robert Parsell has
been selling propane since 1985, but has not kept separate records of said sales. Further,
he did not receive notification that taxes should have been collected for and remitted to the
City, on said propane sales, until receipt of letter dated September 7, 1992, from Carolyn
Small, Finance Director. Also, Mr. Parsell does not feel he should be taxed on sales from
past years, but is willing to start paying retroactive to September 7, 1992.
(Commissioner Howell absent from the meeting.)
City Attorney reported that the City can go back five (5) years to when the current
ordinance was adopted, that the Commission has the right to forgive any or all of the debt,
but would have to consider all other such requests.
(Commissioner Howell present at the meeting.)
After discussion, and on recommendation of City Attorney, the Commission concurred
to have Staff and City Attorney negotiate a compromise/settlement, and report back to the
Commission with a proposal.
Request from LynnSto~ner, Pine Crest Neighborhood Crime Watch, for improved street lighting
in Pine Crest Subdivision.
The consensus of the Commission was to authorize improved street lighting in Pine
Crest Subdivision as requested.
Florida Black Heritage Trail Signs.
After discussion, the consensus of the Commission was to authorize procurement and
installation of signs at locations as recommended by the Historic Preservation Board in memo
dated October 9, 1992, from Historic Preservation Board secretary.
Seminole County School Board Land Contract Assignment.
Dianne Kramer, Facilities Planner, Seminole County School Board, was present.
City Manager reported that Rick Hardwick has indicated a willingness to delete the
exclusive brokerage provision. Further, the School Board needs to grant an additional sixty
(60) day extension, and agree to assign the contract to the City, which is merely a
formality. Also, Rick Hardwick has requested that the City pay the $20,000.00 earnest money
deposit, and the $11,000.00 out-of-pocket expenses immediately upon acceptance of the
assignment.
City Attorney recommended that the City either pay said monies at the time of
closing, or pay the School Board and have them refund Mr. Hardwick's deposit/out-of-pocket
expenses.
438
MINUTES
City Commission, Sanford, Florida
Work Session
November 9,
19
92
On recommendation of City Manager, the consensus of the Commission was to authorize
City Manager and City Attorney to prepare a counter proposal to assignment letter regarding
earnest money deposit and reimbursement of out-of-pocket expenses, as outlined by City
Attorney, for the Mayor's signature and forwarding of same to Mr. Hardwick for consideration.
Land Transfer - Affordable Housing.
City Manager reported that in January, 1992, the Commission discussed the
possibility of accepting land, for conveyance to company seeking tax credits, to build
approximately 180 to 250 units of affordable housing. City Manager recommended conceptual
approval, subject to satisfactory environmental assessment audit and favorable recommendation
from City Attorney.
In response to discussion concerning the proposed acceptance and transfer being a
charade, an unfair circumvention to obtain credits, and possibly illegal, the City Attorney
reported that there is nothing inherently illegal about the City accepting and conveying
property to facilitate something for the good of the City, and that this is not a legal
issue, but a matter of policy.
After discussion, the consensus of the Commission was to reject offer to donate
land.
Request to replace lights/poles at Pinehurst and Ft. Mellon Softball Parks.
Recreation & Parks Director reported that the poles at Ft. Mellon Park are over
twenty-five (25) years old and need to be replaced; and that the lights at Pinehurst Park
have gone out four times within the last two weeks and are unsafe and need to be replaced.
The consensus of the Commission was to authorize Staff to advertise for bids to
replace lights/poles at Pinehurst and Ft. Mellon Softball Parks as requested.
Surveying Services - Cloud Branch/Mill Creek Prescriptive Easements.
City Manager reported advertisements have been prepared, for publication this
Sunday, for surveying services for prescriptive easements for maintenance and drainage
ditches regarding Cloud Branch/Mill Creek, and that he will proceed if the Commission has no
objections. The Commission had no objections.
Holiday Inn.
City Attorney gave a status report regarding the Holiday Inn, as outlined in memo
dated November 9, 1992 from Catherine Reischmann, of Stenstrom, McIntosh, Julian, Colbert,
Whigham and Simons. He reported that the City has the option of paying off Holiday Inn's
mortgage and taking it over, but that he does not recommend such action at this time.
Further, unless other direction is given, his office will continue the Commission's previous
instructions to defend the City's position, but not accelerate it through the court. Also,
if the court agrees that the City's interest was subordinated and ultimately goes to
judgment, the City could lose its interest in the ground.
MINUTES
City Commission, Sanford, Florida
WOrk Session
439
November 9,
19
92
Transient OccuDancy ReVision.
After discussion, the Commission referred proposed Transient Occupancy Revisions,
as described in memo dated November 3, 1992, from Director of Planning and Development, to
the Planning and Zoning commission for review and recommendation.
Request to operate a Dance Hall at 420 SOuth Sanford Avenue
After discussion, the consensus of the Commission was to approve the request to
operate a Dance Hall at 420 South Sanford Avenue, subject to Ronald Thompson executing the
operating conditions agreement.
Street Paving Schedule.
After discussion, the consensus of the Commission was to approve the proposed
street paving schedule, for reconditioning and/or resurfacing City roads, including
specifications for milling and overlay work in estimated amount of $950,282.00, as described
in memo dated October 2, 1992, from Public Works Director.
Request from Arbor Inspector regarding old tree at Seventh Street and Pine Avenue.
On recommendation of City Manager, the Commission authorized Staff to install a
fence on the lot east of the Elks Lodge at Seventh Street and Pine Avenue, as a measure to
keep people out of the area and to preserve the old tree, conditioned upon Staff obtaining
permission from the Elks Club.
Request to board up property at 310 Magnolia Avenue.
The consensus of the Commission was to authorize Public Works to board up property
as requested.
Sign Contest.
On recommendation of City Manager, the Commission concurred to present the sign
contest winner with a $100.00 savings bond at the November 23, 1992 Regular Meeting.
Mosquito Control District.
City Manager asked if the Commission would be interested in developing a County-
wide Mosquito Control'District through a special taxing district on a County-wide basis, or
possible funding under County millage. The Commission concurred that this would be a good
project for CALNO, and that City Manager should give a presentation regarding same at the
next CALNO meeting held in Sanford.
December 8, 1992 Election - Redistricting boundaries/polling places.
City Clerk reported that written notification of the current district and polling
place will be mailed to all voter households within the City of Sanford this month, and that
funding for said mailing~was not a budgeted item, but she will try to cover said expenditure
within said budget.
Recognition of Two City Employees.
City Manager reported that Finance Director Carolyn Small received an Award of
Financial Reporting Achievement in conjunction with the City of Sanford receiving the
Certificate of Achievement~;for Excellence in Financial Reporting. Further, Director of
Planning and Development Jay Marder was awarded the George W. Simons, Jr. Memorial Award, for
outstanding contribution to the profession of planning and zoning in the State of Florida.
City Manager requested that both Ms. Small and Mr. Marder be recognized at the 7:00 P.M.
meeting for said achievements. The Commission concurred.
4 4 0 MINUTE'S
City Commission, Sanford, Florida
Work Session November 9, 1992
Midway Canaan Water Association, Inc.
City Attorney reported that the Consent to the Order of the Appointment of William
Royster as receiver for Midway Canaan Water Association, Inc., is expected this week.
There being no further business, the meeting was adjourned.
~A-~O ~
Attest:
[ City Clerk