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121492-Regular Meeting MINUTES City Commission, Sanford, Florida Regular M~ting 465 December 14 1992 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, December 14, 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, Jr. Commissioner A. A. McClanahan Commissioner Lon K. Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe The Chairman called the Meeting to order. Public Hearing to consider rezoning a portion of property lying at the northeast corner of West First Street (SR 46) and Rand Yard Roadt from MI-2, Medium Industrial, to PDt Planned Development, as advertised in the Sanford Herald on December 4, 1992~ Diane K and Michael H. Myers, owners (Mountain Distributing Company). The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning. Karl Pecht, Engineer, appeared and reported that this a non-controversial rezoning, which was approved by the Planning and Zoning Commission, and that he is available to answer questions. Recommendations were submitted from the Planning and Zoning Commission, and the Director of Planning and Development to approve the request to rezone. On recommendation of City Manager, Commissioner Howell moved to authorize Cit~ Attorney to prepare the proper ordinance to rezone the property as advertised. 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 the Settlement of Tyrone Redding v. City of Sanford, Case %91- 2213-CA-16-G. City Attorney reported that this case arose out of an arrest made by the Police Department, that the City is insured, and the insurance carrier advocates resolution of this case at no cost to the City in exchange for a full release, and that he recommends acceptance of said settlement offer. On recommendation of City Attorney, Commissioner McClanahan moved to authorize settlement of Tyrone Redding v. City of Sanford, Case #91-2213-CA-16-G. 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 Settlement of Rein v. City of Sanford. City Attorney reported that this matter involves a code enforcement situation, that a lien was attached against property which was not in complaince, that the property owner received notice of same, but did not respond, and subsequently the structure was demolished. Further, the mortgage holder ultimately foreclosed on the property, and has filed a claim seeking compensation for loss of his security interest in said structure/building. Also, this claim is not covered by insurance, the settlement offer is substantially lower than the 466 MINUTES city Commission, Sanford, Florida Regul ar Meeting Donomher 1~- 19 92 matter, recommends settlement of this claim in amount of $8,000.00. On recommendation of City Attorney, Commissioner Thomas settlement of Rein v. City of Sanford in amount of $8,000.00. 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 moved to authorize Seconded by Commissioner Public Hearing to consider condemnation of properties as follows: Report ~92-10: Report #92-11: Report #92-13: Report #92-14: Report #92-15: Report %92-16: Report ~92-17: Report %92-18: The Chairman announced that the Commission would hear from those persons present to speak regarding the above-referenced structures. No one appeared On recommendation of City Manager, Commissioner McClanahan moved that finding the above-referenced structures to be unsafe, dilapidated, unsanitary or uninhabitable, that said structures be condemned, and the property owners granted a time period of 30 days in which to demolish and remove said buildings or structures or place it in a state of sound repair. Further, in the event of failure on the part of the property owners, within said 30 day time period, to effect such demolition and removal or repair, to authorize the City to demolish and remove the buildings or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 1406 West llth Street; Susie Culver Sanders/Kathryn Folkes, owners. 1408 West llth Street; Margaret Jones, owner. 1204 West llth Street; Ann Brown, owner. 417 West 3rd Street; California Federal Savings & Loan, owner. 708 Palmetto Avenue; James & Drenna Melvin, owners. 321 Magnolia Avenue; Security Pacific National Bank, owner. 417 East 4th Street; I.F. Frazier, Heirs/Laura Frazier, owner. 710 Pine Avenue; Levy Stanford, owner. Request from T.B. Ball, III, for Agricultural Use of 12.7 acres of property zoned RI-l, located at Airport Boulevard and McCracken Road, tabled at November 23, 1992 Regular Meeting, pending additional information. On recommendation of City Manager, Commissioner Howell moved to authorize Mr. Ball to conduct a hay operation on said property, as a form of lot mowing for maintenance purposes. 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 Custody Agreement with Key Trust Company, regarding Police and Fire Pension Funds, tabled at November 23, 1992 Regular Meeting. On recommendation of City Manager, Commissioner Thomas moved to authorize the execution of said Custody Agreement with Key Trust Company, to be effective January 1, 1993, and transfer of all Police and Fire Pension assets by the Mayor and Trustees, and administration of payroll and all other payables to be moved back in house. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Regu l ar Meet i n g 467 December 14 19 92 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Requests for free use of Civic Center. Be From Central Florida Services for the Disadvantaged, Inc., for Fifth Annual Feast on December 25, 1992. From Seminole High School Band, for Annual Banquet on June 4, 1993. On recommendation of City Manager, Commissioner McClanahan moved to authorize free use for A, and reduced rate in amount of $90.00 for B, above. 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 Seconded by Commissioner Offer from Mr. & Mrs. Somerville, to donate proDerty [Lot 20, Block G, A.D. Chappells Subdivision], to the City for future Cloud Branch Drainage Improvements. On recommendation of City Manager, Commissioner McClanahan moved to authorize the preparation of the appropriate Quit Claim Deed, and to accept and record said deed upon execution of same; and payment of expenses in amount of $200.00. vote of the Commission as follows: Seconded by Commissioner Howell and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Petition to annex a portion of property lying at the northeast corner of West First Street 46) and Rand Yard Road~ Diane K. and Michael H. Myers, owners (Mountain Distributing Company. On recommendation of City Manager, Commissioner Eckstein moved to authorize City Attorney to prepare~the proper ordinance to annex the property as r'equested. 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 Condemnations - Status Report/Request for Time Extension. A. Status Report of all current and pending condemnations. Request for time extension regarding Report #90-10, 718 East 7th Street, John Henderson, owner. John Henderson, Report 990-10, 718 East 7th Street, owner, appeared and reported that the church would like to use this property for a children's facility. City Manager recommended at least a thirty (30) day extension to allow owner to make the necessary repairs to the roof and building. On motion of Commissioner Howell, 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 the Commission: A. No action required or taken. 468 MINUTES ' City Commission, Sanford, Florida Rogt! 1 ar Meet i ng Docpmhor 14 19 g2 Conklin, Porter & Holmes Agreements, as discussed at tonight's Work Session. Amendment to Agreement dated December 7, 1983, for Elimination of CSO and/or Stormwater Inlets, City Manager recommended authorization to execute said Amendment; Target Ceiling Cost $29,453.91, plus Fixed Fee in amount of $4,418.08; completion of Memorandum of Negotiation, and execution of EPA form 5700-41 Cost Price Summary. Request for Fee Increase regarding Vacuum Sewer Project. City Manager recommended approval of fee increase from $452,241.05 to $499,491.05 ($47,250.00), of which $451,329.17 is Target Ceiling Cost and $48,161.88 is Fixed Fee Percentage. Amendment No. 38, to Agreement dated December 17, 1987, for "Year One" Final Design of Mill Creek/Cloud Branch Drainage Basins. City Manager recommended authorization to execute said Amendment No. 38. Do Agreement for Revisions to Master Water and Wastewater Plans with emphasis on Southern and Southeastern areas of the City. City Manager recommended authorization to execute said Agreement in amount not to exceed $47,085.00. Commissioner McClanahan moved to authorize execution of Agreements A, B, C and D, above, as recommended by City Manager. 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 Site 10r Contract II Contract Termination. On recommendation of City Manager, Commissioner Thomas moved to affirm and ratify the Letter of Termination with Fountain Contractor Co., Inc., for clearing, grading, ponds and Stormwater Management System at Site 10, Contract II (FDER Project No. 586110/CPH Job No. S06-2.64). 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 to purchase Computer Voice Stress Analyzer (CVSA), and training of two investigators, as discussed at tonight's Work Session. On-recommendation of City Manager, Commissioner Howell moved to authorize the purchase of CVSA in amount of $6,675.00, and training of two (2) investigators at $950.00 each; totalling $7,625.00, to be funded from Law Enforcement Trust Fund. 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 Impact Fee Updates for Police, Fire and Recreation, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Thomas moved to authorize City Attorney to prepare the proper ordinances to amend Impact Fees as recommended by Systems Development Fee Advisory Committee, and described in memo dated November 30, 1992, from Director of Planning and Development. 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 469 December 14 Request to board up property at 2823 Grove Drive. On recommendation of City Manager, Commissioner Howell moved to authorize the Public Works Department to board up said property 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 First Amendment to Cost Sharing Agreement, with Florida Power Corp., Florida Power & Light, and Atlanta Light & Gas, for Contamination Assessment, regarding the former Sanford Gassification Plant, as discussed at tonight's Work Session. City Attorney reported that the First Amendment to said Cost Sharing Agreement removes the requirement for Florida Department of Environmental Regulation ("FDER") approval of the Quality Assurance Project Plan ("QAPP"), Contamination Assessment Plan ("CAP"), and Contamination Assessment Report ("CAR"), because FDER will not review and approve same without a Consent Order. On recommendation of City Attorney and City Manager, Commissioner Thomas moved to authorize execution of said First Amendment to Cost Sharing Agreement dated May 11, 1992, between the City of Sanford, Florida Power Corporation, Florida Public Utilities Company, Florida Power & Light Company and Atlanta Gas & Light Company. 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 First reading of Ordinance No. 3137. On motion of Commissioner McClanahan, 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 Ordinance No. 3137, 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 TEN (10.0) ACRES LOCATED AT THE NORTHEAST CORNER OF SR 46AND RAND YARD ROAD, IN ACCORDANCE WITH THE VOLUNTARY STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3136. On motion of Commissioner McClanahan, 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 Ordinance No. 3136, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 2065 OF SAID CITY; SAID ORDINANCE BEING A COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE PLAN ELEMENT TO PROVIDE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT OF THE COMPREHENSIVE PLAN TO DESIGNATE PROPERTY LYING BETWEEN LAKE MARY BOULEVARD AND NORTH WAY AND BETWEEN SANFORD AVENUE AND SR 427; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 19 92 47O MINUTES City Commission, Sanford, Florida Regular Meeting December 14 19 92 First reading of Ordinance No. 3134. On motion of Commissioner Thomas, 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 Ordinance No. 3134, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN TEN (10) FOOT WIDE NORTH-SOUTH UTILITY EASEMENT LYING BETWEEN LAKE MARY BOULEVARD AND NORTH WAYAND BETWEEN SANFORDAVENUEAND SR 427; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3135. On motion of Commissioner McClanahan, 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 Ordinance No. 3135, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN FIVE (5) FOOT WIDE NORTH-SOUTH UTILITY EASEMENT LYING ON THE EASTERLY SIDE OF THE PROPERTY AT 124 QUAIL RIDGE COURT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3133. On motion of Commissioner Howell, 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 Ordinance No. 3133, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN LAKE MARY BOULEVARD AND NORTH WAYAND BETWEEN SANFORD AVENUEAND SR 427 FROM RI-l, RESTRICTED INDUSTRIAL, TO RMOI, MULTIPLE- FAMILY RESIDENTIAL-OFFICE-INSTITUTIONAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading, First reading of Ordinance No. 3132. On motion of Commissioner Thomas, 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 Ordinance No. 3132, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE .BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING AT THE NORTHEAST CORNER OF WEST FIRST STREET (SR 46) AND RAND YARD ROAD FROM MI-2, MEDIUM INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. seconded by seconded by seconded .by seconded by MINUTES City Commission, Sanford, Florida Regular Meeting 471 December 14 19 92 First reading of Ordinance No. 3138, as discussed at tonight's Work Session. On motion of Commissioner Howell, 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 Ordinance No. 3138, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 3 OF THE SANFORD CITY CODE TO PROVIDE REVISIONS TO SECTION 3-23(b), CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES, SIDEWALKS OR STREETS; PROVIDING CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Board appointments/re-appointments/resignation. Code Enforcement Board: The City Clerk reported that Willie King has submitted his resignation from the Code Enforcement Board, effective December 2, 1992. Commissioner Howell moved to accept resignation from Willie King, to appoint alternate Lisa Nasson, to serve as a member on the Code Enforcement Board, and to appoint Bernard Mitchell to serve as an alternate on said board, subject to Mr. Mitchell's acceptance of said appointment. 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 Be Human Relations Advisory Board: The City Clerk reported that the term of Nicholas Casiello expires December 31, 1992. The 'Commission took no action. Information/Recommendations from Planning and Zoning Commission Meetings of 1992t and December 3~ 1992. No further action required or taken. Consent Agenda. November 19, A. Requests for payment of statements. (i) (2) From Universal Engineering Sciences, Inc. for Material Testing Water Reclamation Facility Expansion ........................ $ 300.00 From City Attorney for Professional Services for the Month of November, 1992 ........................................... $6,721.45 B. Consideration of Tabulations of Bids. (i) Bid %92/93-10, Recreation Athletic Equipment (Recreation and Parks Department). City Manager recommended acceptance of only bid meeting specifications, from Braxton's Recreation in amount of $7,122.42. (2) Bid 92/93-11, Two (2) Police K-9's (Police Department). City Manager recommended acceptance of lowest bid, which met specifications, from Sun Coast K-9 of Sarasota, at $4,900.00 each; totalling $9,800.00. (3) Bid 92/93-12, Asphalt Pavement Replacement (Utility Department). City Manager recommended acceptance of lowest bid, which met specifications, from Aikins Paving at specific unit prices as described in memo dated December 3, 1992, from Utility Director; exact dollar amount to be based on actual work performed at said bid unit prices (Aikins Paving was awarded bid last year for similar work, which was performed satisfactorily). (4) Bid %92/93-15, Portable Sod Cutter/Trailer (Public Works Department). City Manager recommended acceptance of lower bid, which met specifications, from Rental Center of Orlando, Inc. in amount of $3,152.28. (5) Bid %92/93-17, Street Sign Materials (Public Works Department). City Manager recommended acceptance of lowest bids, which met specifications, from Municipal Supply and Sign Company in amount of $5,400.13, for street sign blanks, and Universal Signs and Accessories in amount of $6,243.00, for brackets and sign posts; totalling $11,643.13. 472 MINUTES!,_. City Commission, Sanford, Florida. Regu 1 ar Meet i ng December 14 19 92 C. Approval of Vouchers for the Month of November, 1992. 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. Approved payment of statements (1) and (2). B. (1) Accepted only bid meeting specifications, from Braxton's Recreation in amount of $7,122.4.2. (2) Accepted lowest bid, which met specifications, from Sun Coast K-9 of Sarasota, at $4,900.00 each; totalling $9,800.00. (3) Accepted lowest bid, which met specifications, from Aikins Paving at specific unit prices as described in memo dated December 3, 1992, from Utility Director; exact dollar amount to be based on actual work performed at said bid unit prices (Aikins Paving was awarded bid last year for similar work, which was performed satisfactorily). (4) Accepted lower bid, which met specifications, from Rental Center of Orlando, Inc. in amount of $3,152.28. (5) Accepted lowest bids, which met specifications, from Municipal Supply and Sign Company in amount of $5,400.13, for street sign blanks, and Universal Signs and Accessories in amount of $6,243.00, for brackets and sign posts; totalling $11,643.13. C. Approved Vouchers for the Month of November, 1992. Information regarding lump sum contracts. The Commission acknowledged six (6) lump sum contract invoices approved for payment totalling $195,204.57. Community Development Block Grant Interlocal Agreement with Seminole County, for County-wide Housing Rehabilitation Services for 1992-93, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Eckstein moved to authorize execution of said Agreement in amount of $200,000.00, effective January 1, 1993. 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 Seminole County School Board Property across from Sanford Middle School, as discussed at tonight's Work Session. Commissioner Eckstein moved not to obtain a second appraisal prior to moving forward with the purchase of said property. 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 Addendum to Contract for Sale and Purchase of School Board Property across from Sanford Middle School, as discussed at tonight's Work Session. City Manager reported that the Addendum to Contract for Sale and Purchase between the City of SanfOrd and Seminole County School Board outlines the basis on which the City will make an earnest money deposit; the School Board's consent for the transfer of the Assignment of Contract, with a closing date no later than January 29, 1993, and the reimbursement, at closing, of Rick Hardwick's out-of- pocket expenses in amount of $11,000.00. MINUTES City Commission, Sanford, Florida Regular Meeting 473 December 14 19 32~ Commissioner Thomas moved to authorize execution of said Addendum to Contract for Sale andPurchase, as recommended by City Manager. 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 Contract of Assignment betWeen the City of Sanford, Seminole County School Board, and Rick Hardwick, for purchase of Seminole County School Board ProDert¥ across from Sanford Middle School, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said Contract of Assignment. Seconded by Commissioner Eckstein and carried by the vote of the Commission ag follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Appointment of Acting Police Chief, as discussed at tonight's Work Session. Commissioner Eckstein moved to appoint Captain Ralph Russell Acting Police Chief, for an indefinite time period, effective January 1, 1993. vote of the Commission as follows: Seconded by Commissioner McClanahan and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner HoWell Aye November 23, 1992 Rain Storm/FloodDamage. James Baskerville appeared and reported that he lives in the Goldsboro area, and suffered extensive water damage from the recent flood. Mr. Sweet appeared and reported that residents, who were directly affected by the November 23, 1992 rain storm, are here to tonight to find out what type of support and/or accomodations the City is prepared to provide regarding this situation. Commissioner Thomas reported that funds are not available to solve the problem, that he is in favor of utilizing funds which have been set aside for an up and coming paving project, or possibly discretionary funds such as stormwater utility. City Manager reported that an insurance adjuster should have been in the area responding to complaints filed with the City, assessing the damage, and determining what claims would be covered under the City's insurance policy. Mayor Smith reported that the paving project is funded by Local Option Gas Tax, which cannot be used for this situation. City Attorney reported that the City carries liability insurance for acts of negligence, that according to engineers, this was a "100 year storm", that insurance companies term such a storm an act of God, which is excluded from policies, and, therefore, the insurance carrier would deem the majority of these claims as non-compensable. Mr. Sweet reported that the residents' position is that the City is completely responsible/liable, and that they expect full compensation. Also, they would like to speak to City Attorney and a representative of the City's insurance carrierr. 4 ? 4 MINUTES City Commission, Sanford, Florida Regular Meeting December 14 19 92 City Manager reported that he was in the area at 7:00 A.M. assessing the damage, that there were barricades in certain areas, and that Staff moVed forward with repairs as soon as possible to assure that the drainage structures remained opened. There being no further business, the meeting was adjourned. M~Y OR Attest: City Clerk