022293-Work SessionMINUTES
City Commission, Sanford, Florida
Work Session
521
February 22
1993
The City Commission of the City of Sanford, Florida met in Work Session on Monday,
February 22, 1993 at 4:00 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, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
City Manager William A. Simmons
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Donahoe
"WINS 25" Demonstration Project.
Amefika Geuka, Executive Director, GoldenRule Housing & Community Development
Corporation ("GoldenRule"), reported that he would like to expand the "WINS 25" Demonstration
Project, which has proven to be successful as evidenced by the four homes that were built on
lots donated by the City. Further, the total appraised value of these lots (pre-
construction) was $24,800.00, the total mortgage secured for said properties was $203,807.00,
and the total appraised value of the completed homes is $237,000.00 thereby leveraging
private sector funds in amount of $212,200.00. Mr. Geuka proposed that the City of Sanford
enter into a private partnership with GoldenRule whereby the City would prepare and submit
an application to Seminole County requesting $250,000.00 or a lessor amount, for acquiring
additional lots, primarily in the Goldsboro area, and front-end or down payment assistance,
to facilitate construction of affordable housing for qualified home buyers.
After discussion, the consensus of the Commission was to authorize Staff to prepare
and submit an application to Seminole County, requesting funding in amount of $250,000.00
from surtax on documentary stamps, for acquiring additional lots under the "WINS 25"
Demonstration Project, to facilitate affordable housing. The Commission referred this item
to tonight's Regular Meeting for City Commission action.
Affordable Housing Apartment Complex Project.
City Manager reported that on February 8, 1993, the Commission considered various
requests from Ralph Schmidt regarding a proposed affordable housing apartment complex
project. Further, the City Commission agreed to accept 25% of police and fire impact fees
upon issuance of building permits, with the remainder to be paid prior to receipt of the
Certificate of Occupancy, and authorized one master meter for said project. Further, the
remaining requests include: 1) reimbursement of police and fire impact fees upon the City
receiving State of Florida Documentary Stamp Funds, and 2) waiver of site development and
building permit fees.
After discussion, the consensus of the Commission was not to waive site development
and building permit fees, or to assist with the payment of police and fire impact fees
through documentary stamp monies, based on the fact that the proposed rental rates do not
appear to fit within the definition/category of affordable housing, and that this project is
for construction of rental apartments rather than single-family residences. The Commission
did not refer this item to tonight's Regular Meeting for formal action.
5 2 2 MINUTE S
City Commission, Sanford, Florida
Work Session
February 22. 1993
Request from Dave Farrt Executive Directort Greater Sanford Chamber of Con..erce ("Chamber"),
for waiver of required Occupational License regarding St. Johns River Festival Arts and
Crafts Show on March 6 and 7, 1993.
Dave Farr, Executive Director, Chamber of Commerce, reported that after checking
with about ten (10) artists and other Chambers of Commerce, he found that no other community
requires art show participants to purchase an Occupational License. Further, the Chamber
anticipates approximately 105 participants, each of whom will be charged a $65.00 entry fee,
which will be applied toward the prize fund and other various expenses. Further, providing
additional trash receptacles will be the only additional expense the City will incur.
City Manager reported that the Commission may want to consider establishing a
separate licensing procedure and fee schedule under the Special Event Permit, whereby the
event organizer would be required to procure an Occupational License, and that Staff could
review the existing fee structure for Special Event Permits and Occupational Licenses and
provide comments and recommendations. Also, the Commission will need to determine an
implementation date should a new fee schedule be adopted; possible alternatives include
effective immediately, a specified time in the future or retroactive to January 1, 1993.
Licensing Official Gretchen Mason reported that the current Occupational License
Fee is $7.50, and that in some instances a promoter or sponsor of an event is charged a flat
fee of $100.00.
After-discussion, the Commission concurred to have Staff review the existing fee
structure for Special Events and Occupational Licenses and provide comments and
recommendations for an alternative fee schedule. Also, Staff to determine the total fees
payable by All Souls Catholic Church for the recent Mardi Gras Festival, for possible
consideration of charging a similar fee for the St. Johns River Festival Arts and Craft Show.
(City Attorney William L. Colbert and Assistant City Attorney Donna McIntosh present.)
Request from Community Coordinated Child Care for Central Florida, Inc. ("4C"), for City
contribution in amount of $5,000.00, for child care/family services director~.
Phoebe Carpenter, President, 4C, requested that the City participate in funding a
child care/family services directory.
Mayor Smith reported that the City has had to turn down funding for other
worthwhile causes because the City does not have money for social services.
The Commission regretfully denied the request for funding due to current economic
conditions.
Request from First Baptist Church, to place a "sandwich" sign on the sidewalk each Wednesday,
from 7:30 P.M. to 9:00 P.M., in front of the Church sanctuary.
(Commissioner Thomas absent from the meeting.)
After discussion, the Commission referred this item to tonight's Regular Meeting
for City Commission consideration.
Request from Marcel J. Surin, for waiver of City Code, Chapter 4, Section 4-43, to permit
more than three (3) dogs and three (3) cats on the premises at 1416 Valencia Court West.
(Commissioner Thomas present.)
Building Inspector Linda Gentry reported that she spoke with Mr. Surin at his
residence, at which time, she observed two cats and four dogs, one of which was approximately
sixteen (16) years old; hard of hearing and partially blind.
MINUTES
City Commission, Sanford, Florida
Work Session
525
February 22,
1993
Commissioner Eckstein reported that he would like to make an exception in this
case, and approve the requested waiver because the dog is elderly, and in poor health.
Commissioner Thomas concurred.
Recommendation from the Historic Preservation Board, tochange the name of Ma~noliaMall to
Magnolia Square.
The consensus of the Commission was to approve the name change of Magnolia Mall to
Magnolia Square as recommended by the Historic Preservation Board.
FY 93/94 Goals and Ob)ectives.
City Manager reported that Staff will begin preparing the draft FY 93/94 budget for
presentation to the Commission in early July, 1993, and that the City is working with flat
revenues as in past years. Further, the Commission may want to start thinking about what,
if any, changes should be reflected in the proposal i.e. allocation of resources and setting
priorities.
The Commission concurred to discuss this item further at the next Work Session.
Transient Rental Housing Standards/Requirements.
Director of Planning and Development Jay Marder reported that the latest version
of the proposed ordinance narrows the scope of "transient rental housing", to allow code
enforcement officers to look at individual dwelling units on a case-by-case basis, to
ascertain whether they fall under the definition of "transient rental housing".
City Attorney reported that Mt. Dora's ordinance provides for the automatic
inspection of dwellings upon disconnection of electrical service, and that the City has the
authority to require Florida Power and Light Corporation to notify the City prior to re-
connection of such service when occupancy changes. Further, the City could modify the
Occupational License to include a right to inspect upon reasonable notice provision.
Commissioner McClanahan reported that the Occupational License provides for yearly
inspection of dwellings, and proposed that Staff and City Attorney pursue modification of
existing regulations for possible expansion of inspection rights.
After discussion, the Commission concurred to have City Attorney review
Occupational License requirements to determine how they relate to inspections, and other
existing regulations i.e. ordinances and resolutions for possible expansion of inspection
rights.
Requests from William Roystere Receiver for Midway-Canaan Water Association.
William Royster, Receiver, Midway-Canaan Water Association ("Midway"), distributed
Midway~s 1993 Projected Expenditures, and stated that Midway needs approximately $21,000.00
per month to begin paying off past water bills, to fund meter deposits, and to build up
reserves for repair and replacement. He requested that the City either charge Midway the
same water service rates as City residents or grant a 25% discount, and waive accumulated
delinquent fees.
City Manager reported that bonding covenants require the City to charge the same
rates to all customers in a class. However, the City 'has the ability to declare Midway a
distinct class of customer because it maintains and operates its own system including meter
reading, line repairs and customer billing, thereby allowing the City to establish a
different rate.
(Commissioner McClanahan absent from the meeting.)
524
MINUTES
City Commission, Sanford, Florida
Wnrk S~ssio~
Mr. Royster reported that in order to pay the City $10,000.00 per month, which is
the current charge for water service, Midway must generate $14,800.00 a month in revenues;
January's billing receipts were $12,000.00. Further, he does not foresee a problem
increasing the rates up to $15,000.00 in revenue, however, this would not provide sufficient
monies to pay off past due monies or the receiver. Also, he hopes to be current with the
water bill by June, 1993.
(Commissioner McClanahan present.)
On recommendation of City Manager, the consensus of the Commission was to declare
Midway a distinct class of customer based on the fact that Midway maintains and operates its
own system including meter reading, line repairs and customer billing. Also, to waive late
charges accruing since August of 1992, and to eliminate the 25% surcharge; all conditioned
upon submittal and approval of a satisfactory payment schedule. Also, rate reduction and
waiver of accumulated late charges to be in effect through September 30, 1993, with possible
renewal each year after review.
(Mayor Smith recessed the meeting for approximately five minutes, then reconvened the
meeting.)
Position Description Revisions for Police Chief and Fire Chief.
City Attorney reviewed options to accomplish the desired position description
revisions for Police Chief and Fire Chief, which included: 1) submit proposed revisions as
outlined and recommended in memo dated January 26, 1993, from Personnel Director to the Civil
Service Board for approval, 2) amend Section 2-328 of the Civil Service Ordinance, which
would allow the City Commission to modify the Classification and Pay Plan without Civil
Service Board approval; requires and extraordinary vote, and 3) eliminate both positions from
the City Charter, which would require amending said City Charter by referendum.
Commissioner McClanahan reported that he is in favor of referring the proposed
position description revisions to the Civil Service Board for approval.
City Manager reported that should the Commission wish to proceed in this direction,
the proposed position description revisions are ready for transmittal to the Civil Service
Board.
Mayor Smith reported that she is opposed to lowering the standards for Police Chief
and Fire Chief, especially when other Cities are raising them, and that she will vote against
referring this item to the Civil Service Board. Commissioner Thomas concurred with Mayor
Smith's comments.
Site 10, Contract II.
Assistant City Attorney Donna McIntosh reported that in light of the failure of the
contractor to successfully complete Contract II, the existing on-site conditions as of
December 9, 1992, and the upcoming rainy season, Conklin, Porter and Holmes has concluded
that there is an emergency situation at Site 10, and, therefore, a proposed resolution
regarding same has been prepared and distributed. Also, the proposed resolution includes
memorandum dated February 22, 1993, from Conklin, Porter & Holmes, and should the Commission
adopt said resolution, it will be necessary to incorporate the testimony from tonight's Work
Session and Regular Meeting as well.
MINUTES
City Commission, Sanford, Florida ~h[or_k_So..~.~ i c~
525
19 93
w~lliam Holmes, Conklin, Porter & Holmes, reported that Site 10 is under four
environmental permits, that the contractor failed to meet various requirements associated
with said permits, which has caused the site to be left in an exposed non-vegetated manner.
Also, the contractor never established a grass cover to prevent erosion. Further, due to the
contractor's non-conformance of contract requirements, and the present conditions of Site 10,
there is potential for water runoff with the next rainfall thereby exposing the City to a
number of permit conditions which carry stiff penalties. Further, upon inspection of Site
10 in December, 1992, it was determined that immediate action was needed to prevent the
occurrence of saltation of wetlands. Further, because the contractor and the bond company
have not picked up the project, the City is responsible for getting the work done, and that
the only way to complete said work in a timely manner is through change orders.
City Attorney reported that at a meeting approximately four (4) weeks ago, bond
counsel stated that the City could expect a proposal within a week; no proposal has been
received to date. Further, based on the concerns mentioned by consulting engineers and their
memorandum, this office is convinced that it would not be in the City's best interest
financially and otherwise, to leave Site 10 in an unattended manner.
Assistant City Attorney reported that there is no Florida case law to support this
type of action, however, there is a body of case law which requires the city to mitigate
damages that exist whenever a breach of contract occurs. Further, based on the fact that the
City will allow degradation and damages to occur if it abides by the bidding process, this
office believes an emergency situation exists.
City Manager reported that there is approximately $800,000.00 in the bank, which
was unpaid to the contractor, that the estimated outside costs to complete the work at Site
10 is 2.1 million dollars, with a difference of about 1.4 million dollars. Further, although
the bonding company should stand responsible for this work, the City will probably have to
litigate to recoup these monies.
Contract with Universal Engineering in amount of $7,058.00, for evaluation of conditions of
Site 10e Contract II. On recommendation of City Manager, the Commission referred this item
to tonight's Regular Meeting for City Commission action.
(Mayor Smith recessed the meeting for approximately 10 minutes, then reconvened the meeting.)
Municipal Speed Limits.
City Manager reported that the State Attorney General has issued an opinion that
it is unlawful for a municipality to post speed limits lower than 25 miles per hour, and that
there are some 15 mile per hour speed limit signs posted in the City, which will be removed.
Renewal of Contract with the State of Florida Department of Health and Rehabilitative
Services, for funding in amount of $97,333.00, for the LIHEAP Program. On recommendation of
City Manager, the Commission referred this item to tonight's Regular Meeting for City
Commission consideration.
5 2 6 MINUTE'S
City Commission, Sanford, Florida
Work Session
1993
Request from K-Mart to extend tent permit, and to park twenty-five (25) trailers in the K-
Mart parking lot.
City Manager reported that on February 8, 1993, the City Commission considered a
request from K-Mart to extend their tent permit for thirty (30) days, and to park twenty-five
(25) trailers in the K-Mart parking lot from February 8 through May 30, 1993, however, the
time sequence was erroneously picked up on the Agenda as February 8 through March 30, 1993,
and consequently approved for said duration. The Commission concurred that approval to park
trailers should be from February 8 through May 30, 1993, as originally requested.
Sanford Welcome Signs.
City Manager reported that unless otherwise directed, Staff will proceed with
installation of Sanford Welcome Signs at locations as described in memo dated February 5,
The
1993, from Public Works Director, and discussed at the February 8, 1993, Work Session.
Commission concurred with placement of signs as indicated.
Community Liaison Committee to the Police Department.
After discussion, the Commission concurred to establish a
Committee consisting of two citizens from each district,
Chief Russell.
Access 93 Georgetown Meeting.
Community Liaison
as recommended by Acting Police
Deputy City Clerk confirmed that members of the City Commission received the Access
93 Georgetown Meeting Agenda for March 2, 1993.
"The Party Machine."
Acting Police Chief Russell reported that there have been numerous complaints
regarding noise, trash, and patrons'of "The Party Machine" parking their vehicles on private
property. Further, the owner of this establishment has applied for and received an
alcoholic beverage license from the State, but has failed to secure a Certificate of
Registration from the City as previously authorized by the City Commission. Also, the health
department advises that this establishment cannot sell food.
The Commission concurred to notify the owner of "The Party Machine" that he has
three (3) days in which to obtain a Certificate of Registration from the City.
There being no further business, the meeting was adjourned.
Attest:
y '~i-~y Clerk -