022293-Regular MeetingMINUTES
City Commission, Sanford, Florida
Regular Meeting
527
Februar] 22
19 93
Monday,
Sanford, Florida.
Present:
The .City Commission of the City of Sanford Florida met in Regular Meeting on
February 22, 1993 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, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
City Attorney William L. Colbert
City Manager William A. Simmons
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Public Hearing to consider an Appeal of the Denial of a Conditional Use for Alcoholic
Beverage Sales (Class i Registration) at 1301 Celery Avenue, in an RC-1, Restricted
Commercial, Zoning District, as advertised in the Sanford Herald on February 10, 1993.
Deputy City Clerk reported that the notice of public hearing was posted on February
16, 1993, and the owner notified on January 26, 1993.
City Attorney reported that the Commission will be limited to the review of
testimony and evidence entered into the record and presented at the Planning and Zoning
Commission Meeting of January 21, 1993, which included Minutes of said Meeting, and Staff
recommendations. Further, individuals who appeared before the Planning and Zoning
Commission may give testimony, but cannot introduce new evidence. Further, after reviewing
the aforesaid record, the Commission will be considering whether there is competent and
substantial evidence to support the Planning and Zoning Commission's decision, whether the
applicant was provided procedural due process, whether or not the Planning and Zoning
Commission departed from essential requirements of the law, and whether or not to affirm or
overturn the Planning and Zoning Commission's decision to deny the conditional use.
The Chairman announced that the Commission would hear from those persons present
to speak regarding this appeal.
Pat Mitchell, 1309 Mellonville Avenue, appeared and reported that she lives in the
Georgetown area where this store is located, that there is a minimum of four beer and wine
stores within a five block radius, at least three of which are experiencing problems, and
asked why this is being allowed.
Carylon Cohen, 123 Anderson Avenue, appeared and reported that her daughter Shauna
Cohen spoke at the Planning and Zoning Commission Meeting on behalf of her and her mother.
Further, the number one criteria considered when buying her mother's home was that the
neighborhood was peaceful, quiet and controlled. Further, she will not risk her mother's
comfort and security in order for someone to operate a business. Also, Mr. Pennington
indicated that customers will access the establishment from Mellonville Avenue, which is a
busy road and thoroughfare for school buses, cars and ambulances. Further, pursuant to the
Planning and Zoning Commission Meeting Minutes, Mr. Pennington lives in Longwood, not
Sanford, and proposed that he locate his business in the City where he resides. She stated
that what is profitable for Mr. Pennington will be detrimental to residents in the area, and
urged the Commission to deny the request for conditional use.
Commissioner Howell reported that since the City Commission is limited to
considering testimony and evidence which was presented at the Planning and Zoning Commission
Meeting, individuals giving testimony should be furnished with a copy of the Minutes of said
Meeting for reference.
528
MINUTES
City Commission, Sanford, Florida
Regular Meeting
February 22 19 93
City Attorney reported that the Planning and Zoning Commission's motion to deny the
conditional use was based on the fact that the property does not meet set back requirements,
and that the issue is not whether the convenience store can exist, but rather whether the
store can sell beer and wine.
Alfred Pennington, 132 Glendale Drive, Longwood, applicant, appeared and reported
that he spoke with people in the community who are excited about this store, but did not
bring them because he was told, when he filed the appeal, that no new testimony or material
could be presented, and that it is unfair to allow other people to do so tonight. Further,
he owns fourteen pieces of property in Sanford, and pays over $15,000.00 a year in taxes for
same. Further, he tries to be a role model, that he cannot control what people do, and that
he does not associate with people who do drugs. Further, before purchasing this property,
he spoke with individuals on the Planning and Zoning Commission, who indicated that there
would be no problem with this type of use.
Joyce Jones, 1319 Douglas Street, appeared and reported that she is not opposed to
the convenience store, but to the sale of alcoholic beverages. Further, residents are trying
to encourage young people to get off the streets, and that drunks and drug addicts hang
around these types of stores, which does not portray a good image for the community. Also,
she circulated a petition around the neighborhood, but cannot present same.
Mayor Smith requested City Attorney to assist with the determination of what
testimony the Commission should and should not consider.
City Attorney reported that this is an advertised public hearing, and, therefore,
individuals are permitted to speak. However, the Commission can only consider those issues
which are contained in the record.
Bernard Mitchell, 1327 Douglas Street, appeared and requested that the Commission
consider the Planning and Zoning Commission's recommendation to deny the sale of beer and
wine at this location.
Mayor Smith asked for a show of hands from those individuals in the audience who
were in favor of the requested conditional use.
City Attorney reported that the Commission cannot consider this type of
information.
Gentleman, 1310 Douglas Street, appeared and reported that he is not opposed to the
convenience store, but the sale of alcoholic beverages.
Charles Jones appeared and reported that if Mr. Pennington had come to his home,
he would have discouraged him from buying the store, and, as a good role model, he should
consider withdrawing his request. Further, there are already four or five liquor stores in
the area.
Carylon Cohen appeared and reported that the property does not meet set back
requirements, and requested that the Commission deny the requested conditional use.
Janet Pennington appeared and reported that although the property does not meet
setback requirements, said property was grandfathered in at the time it was purchased.
City Attorney reported that this property was previously operated as a bicycle
repair shop and a furniture store, and grandfathered in as a commercial parcel. Further, a
conditional use permit to sell beer and wine was never authorized by the City Commission,
and, therefore, such use does not apply to this property.
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE: REQUEST FOR A CONDITIONAL USE
1301 CELERY AVENUE
The City Commission, based on the clear and convincing
evidence contained in the record created before the Planning and
Zoning Commission on January 21, 1993, makes the following FINDINGS
OF FACT, CONCLUSION OF LAW and enters the following.ORDER:
FINDINGS OF FACT
(1) That the property located at 1301 Celery Avenue is Zoned RC-1,
Restricted Commercial and includes approximately .3 acres or 14,500
square feet.
(2) That the property includes an existing building that does not
appear to meet the required building setback of 25 feet for front
yards in the RC-1 Zone.
(3) That the remainder of the property appears to be paved.
(4) That the property is adjacent to offices, tire sales,
automobile repair, single-family dwellings and vacant land.
CONCLUSION OF LAW
(1) That Petitioner's application does not meet the twenty-five
(25) foot building setback standards for front yards, as required
by the City of Sanford Land Development Regulations, Schedule C.
(2) That the location of the requested Conditional Use Permit is
adverse to the public interest of the City of Sanford.
ORDER
THEREFORE IT IS ORDERED that Petitioner's request for the
Conditional Use Permit is denied.
DONE and ORDERED this 26th
day of~~.F~ebruary~
~ MA~R' ~T~YE D.-SMITH
ATTEST:
~ Clerk
I HEREBY CERTIFY that a true and correct copy of the foregoing
has been furnished by U.S. Mail to ALFRED G. PENNINGTON, 132
Glendale Drive, Longwood, Florida 32750, this 26th day of February,
Deputy City Clerk
MINUTES
City Commission, Sanford. Florida Reg u 1 ar Meeting
529
February 22
19 93
The Commission reviewed the testimony and evidence contained in the record created
before the Planning and Zoning Commission, and concluded that the building does not meet the
minimum twenty-five (25) foot set back requirements.
Commissioner Howell moved to find that there was competent and substantial evidence
~to support the Planning and Zoning Commission's decision, that the applicant was provided
procedural due process, and that the Planning and Zoning Commission did not depart from
essential standards of law. Also, to deny the request for Conditional Use for Alcoholic
Beverage Sales (Class 1 Registration) at 1301 Celery Avenue, and to adopt the Findings of
Fact, Conclusions of Law, and Order attached hereto and made a part of these Minutes as
though fully and completely set forth in these Minutes. 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
(Mayor Smith recessed the meeting for approximately five minutes, then reconvened the
meeting.)
Public Hearing to consider an Appeal of the Denial of a Conditional Use for Automotive Dealer
Sales (retail and wholesale) for a non-conforming structure at 2507 South Sanford Avenue, in
a GC-2, General Commercial, Zoning District, as advertised in the Sanford Herald OnFebruary
l0w 1993.
(Commissioner Howell absent from the meeting.)
Deputy City Clerk reported that the notice of public hearing was posted on February
16, 1993, and the owner notified on January 26, 1993.
The Chairman announced that the Commission would hear from those persons present
to speak regarding this appeal. Also, this appeal hearing will be governed by the same
procedures as the preceding appeal hearing.
(Commissioner Howell present.)
Lakhan Singh, 233 South Aberdeen Circle, applicant, appeared and reported that he
operates a service station at 2507 Sanford Avenue, and that occasionally customers ask if
there are any cars for sale. Also, he would like to display two cars in front of the
property, and that there is room behind the building for the remaining automobiles. Also,
the vehicles that are in disrepair at this location will be removed by February 24, 1993.
The Commission reviewed the testimony and evidence contained in the record created
before the Planning and Zoning Commission, and concluded that there is an existing deficiency
configuration of the building on the site, which does not provide sufficient area to display
vehicles.
Commissioner Eckstein moved to find that there was competent and substantial
evidence to support the Planning and Zoning Commission's decision, that the applicant was
provided procedural due process, and that the Planning and Zoning Commission did not depart
from essential standards of law. Also, to deny the request for Conditional Use for
Automotive Dealer Sales (retail and wholesale) for a non-conforming structure at 2507 South
Sanford Avenue, and to adopt the Findings of Fact, Conclusions of Law, and Order attached
hereto and made a part of these Minutes as though fully and completely set forth in these
Minutes. Seconded by Commissioner McClanahan and carried by the vote of the Commission as
follows:
530
MINUTES
City Commission, Sanford, Florida
Regular Meeting
February 22 19 93
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Clara Black Delano, to allow an individual to utilize an 18' X 14' structure at
801 Magnolia Avenue as a single-unit residence. Clara Delano, 801 Magnolia Avenue, appeared
and withdrew her request. No further action required or taken.
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, as
discussed at tonight's Work Session.
Commissioner McClanahan moved to deny the request for waiver of City Code, Chapter
4, Section 4-43, to allow more than three dogs and three cats on the premises at 1416
Valencia Court West. Seconded by Commissioner Howell. Said motion failed by the vote of the
Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner McClanahan Aye
Commissioner Howell Aye
Commissioner Eckstein moved to approve waiver of City Code, Chapter 4, Section 4-
43, to permit a fourth dog on the premises at 1416 Valencia Court West, conditioned upon said
dog not being replaced upon his death. 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 Nay
Commissioner Howell Nay
Requests for S~ecial Event Permits.
Request from Maranatha New Life Center, for Arts and Crafts Bazaar, and BBQ,
on March 20, 1993, from 8:00 A.M. to 5:00 P.M. [15 Participants - Projected
Spectators 100].
Be
Request from S.H.D.W.A., for Antique Car Show, with entertainment, on March
6, 1993, from 6:00 P.M. to 12:00 midnight [150 Participants - Projected
spectators 1000].
Ce
Request from Chamber of Commerce, for St. Johns River Festival Arts and
Crafts Show on March 6 and 7, 1993, from 6:00 A.M. to 5:00 P.M. at Fort
Mellon Park [100 Participants - Projected spectators 5000]. The Commission
referred this item from tonight's Work Session.
On recommendation of City Manager, Commissioner Thomas moved to approved Special
Event Permits for A, B and C, above. 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 from Jeffrey Murray dba J & S Snack ShoD, for Open-Air Restaurant at 2425 South
French Avenue (Highway Oil Co.). On recommendation of City Manager, Commissioner Thomas
moved to deny said request for an Open-Air Restaurant, based on the fact that there is
insufficient paved area to accommodate a hot dog stand and additional customer parking.
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
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE: REQUEST FOR A CONDITIONAL USE 2507 SOUTH SANFORD AVENUE
The City Commission, based on the clear and convincing
evidence contained in the record recreated before the Planning and
Zoning Commission on December 17, 1992, makes the following
FINDINGS OF FACT, CONCLUSION OF LAW and enters the following ORDER:
FINDINGS OF FACT
(1) That the property at 2507 Sanford Avenue is zoned GC-2,
General Commercial, and presently contains a building with no side
yard setbacks.
(2) That there are no automobile dealer sales establishments along
25th Street in the immediate area of the property at the present
time. That various automobile dealer sales establishments are
located on Sanford Avenue, generally south of 26th Street. That
the location of the existing building does not conform to existing
front yard building setbacks and does not provide sufficient land
area to permit proper display of vehicles.
(3) That the property is adjacent to a gasoline service station
with automobile repair activities. That the service station is
owned by the same owner as the site.
CONCLUSION OF LAW
(1) That Petitioner's application has existing deficient
configuration of the building on the site, which does not provide
sufficient area to display vehicles.
(2) That the location and configuration of the requested
Conditional Use Permit is adverse to the public interest of the
City of Sanford.
ORDER
THEREFORE IT IS ORDERED that Petitioner's request for the
Conditional Use Permit is denied.
DONE AND ORDERED this 26th day of February, 1993.
MAYOR ~TYE D 'SMITH
I HEREBY CERTIFY that a true and correct copy of the foregoing
has been furnished by U.S. Mail to LAKHAN P. SINGH, 233 South
Aberdeen Circle, Sanford, Florida 32771, this 26th day of February,
1993.
MINUTES
City Commission. Sanford, Florida
Regular Meeting
531
February 22
19 93
Jeffrey Murray, Manager, Highway Oil Co., appeared and reported that there is
sufficient space for a snack cart and customer parking in the alley behind the property,
which has access off of 17-92 as well as 24th Street, with adequate visibility.
The Commission suggested that Mr. Murray meet with City Manager and provide a
proposed site plan, for City Commission consideration.
AcceDtance of Hopper Academ~ Property from Seminole County School Board, for conveyance to
Community Improvement Association of Sanford ("CIAS"). Commissioner Howell reported that he
has been involved in fund raising for Hopper Academy, and that he will file a Conflict of
Interest Form with the City Clerk's Office. On recommendation of City Manager, Commissioner
Eckstein moved to accept the Hopper Academy Property from the Seminole County School Board,
for conveyance to the Community Improvement Association of Sanford by Quit Claim Deed, based
on prior consideration of request and environmental audit. 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 Abstained
Request from WilliamRoyster, Receiver for Midway-Canaan Water Association ("Midway"), for
reduced water charges, and suspension of delinquent fees, as discussed at tonight's Work
Session. City Manager reported that pursuant to discussion at tonight's Work Session, the
consensus of the Commission was to declare Midway a special class of customer based on the
fact that Midway maintains and operates its own utility system including meter reading, line
repairs and customer billing. Also, to waive delinquent charges accruing since August of
1992, and to eliminate the 25% surcharge, as a basis for Midway paying the City for past due
monies in estimated amount of $160,000.00; all of which is conditioned upon satisfactory
performance and payment schedule, with possible renewal each year.
On recommendation of City Manager, Commissioner Thomas moved 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. 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
Rec~i~i, endation from Historic Preservation Board, to change the name of Magnolia Mall to
Magnolia Square. Commissioner Howell moved to approve the name change of Magnolia Mall to
Magnolia Square. 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
532
MINUTES
City Commission, Sanford, Florida
Reqular Meeting
February 22 19 93
Seminole County CDBG Citizen Advisory Board. Commissioner Thomas moved to appoint Willie
King, as City representative, to the Seminole County CDBG Citizen Advisory 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
Recommendations from Planning and Zoning Commission Meeting of Thursday, February 4, 1993.
Commissioner McClanahan moved to approve the sale of beer and wine in a restaurant (Class 5
Registration), for property located at 503 Sanford Avenue in a GC-2, General Commercial,
District, conditioned upon interior door between adjacent business be locked during business
hours. 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.
(1) From Jammal & Associates for Vacuum Sewer Collection
System, Contract I ........................................ $ 265.00
(2) From Universal Engineering Sciences, Inc., for:
(a) Water Reclaimed Facility Expansion ................... $ 185.00
(b) Clearing, Grading - Ponds & Stormwater Management
System, Site 10, Contract II ........................ $ 1,477.50
(c) Water Reuse System Master Pump Station, Grove
Irrigation System, Contract III ...................... $ 7,208.00
(3) From City Attorney for Professional Services for
the Month of January, 1993 ................................ $ 8,955.00
B. Tabulation of Bid 992/93-26, Sanding/Refinishing Stage [Civic Center] (Parks
and Recreation Department). City Manager recommended acceptance of lowest
bid, which met specifications, from Beynon's Floors and Walls in amount of
$2,320.00.
C. Approval of Minutes of February 8, 1993, Work Session and February 8, 1993,
Regular Meeting.
On motion of Commissioner McClanahan, seconded by Commissioner Thomas 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
Approved payment of statements (1) through (3).
Accepted lowest bid, which met specifications, from Beynon's Floors and Walls
in amount of $2,320.00.
C. Approved Minutes of February 8, 1993, Work Session and February 8, 1993,
Regular Meeting.
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged seven (7) invoices totalling $481,513.17.
Adoption of Resolution 1652.
Commissioner Howell moved to adopt Resolution No. 1652, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PROCLAIMING MARCH 1993 AS
"VIOLENCE-FREE COMMUNITY MONTH' IN SANFORD, FLORIDA AND CALLING UPON ALL
CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES,
ORGANIZATIONS, AND SCHOOL IN SANFORD TO PROMOTE AWARENESS OF VIOLENCE AND
OPPORTUNITIES TO ESTABLISH SAFER, HEALTHIER COMMUNITIES.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
Howell, Lon K. City Commission
MAILING ADDRESS
q109 South Park Avenue
CITY ('OUNTY
Sanford Seminole
DATE ON WHICH VOI'E OCCURRED
02-22-93
THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON
WHICH [ SERVE IS A UNll' OF:
~X CITY . : COUNTY - ~ OTHER I.OCA£ AGENCY
NAME OF POLITICAL SUBDIVISION:
Cit~/ of Sanford
MY POSITION IS:
X..; ELECq-IVE i ] 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 Vary greatlydepending
on whether you hold an elective or appointive position. For this reason, please pay close a~tention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, 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~niy, 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 gainof a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature Of t~he~conflict before making any attempt to influence the decision by oral or written communication, whether
tnade by the officer or at~h!.~ directioh..~ % ~ . , -
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEEZI'ING 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 imlnediately to the other members of the agency.
· The [orm 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 minu~
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Lon K. Howel 1 , hereby disclose that on February 22
i asure came or will come before my agency which (check one)
ed to my special private gain; or
V~inured to the special gain of ('_~'~/~
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Consideration of acceptance of Hopper Academy Property from Seminole County School
Board, for conveyance to Community Improvement Association of Sanford ("CIAS") by
Quit Claim Deed. I have been involved in fund-raising with Hopper Academy.
,19 93
, by whom I am retaine
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE.
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN(
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
MINUTES
City Commission, Sanford; Florida Regu 1 ar Meet i ng
533
February 22
1993
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
Proposed Position Description Revisions for Police Chief and Fire Chief, as discussed at
tonight's Work Session.
Commissioner McClanahan moved to forward the proposed revised position descriptions
for Police Chief and Fire Chief, as described in memo dated January 26, 1993, from Director
of Personnel, to the Civil Service Board for approval. Seconded by Commissioner Howell.
Mayor Smith reported that she is opposed to lowering the standards for Police Chief
and Fire Chief, and that she will be voting against the motion.
Commissioner Eckstein reported that there are individuals in the Police Department
who do not have the required education, but have proven themselves to be worthy of City
Commission consideration, and that he will support the motion.
Commissioner McClanahan reported that he believes in experience and dedication very
deeply, that promoting from within sends a positive message to the other employees, and that
individuals who work hard and acquire the experience will be considered.
Commissioner Thomas reported that although he is supportive of Acting Police Chief
Russell, he has talked with several individuals who feel that the City should not be lowering
the standards, and that he too will vote against the motion.
Commissioner Howell reported that two years ago the City hired a City Manager with
no experience, which has proven successful, and that he believes experience goes a long way.
The Chairman called for the vote of the aforesaid motion to forward the proposed
position descriptions for Police Chief and Fire Chief, as described in memo dated January 26,
1993, from Director of Personnel, to the Civil Service Board for approval. Said motion
passed by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner McClanahan Aye
Commissioner Howell Aye
Site 10, Contract II, as discussed at tonight's Work Session.
City Attorney reported that in December of 1992, the Commission authorized the
termination of Site 10, Contract II, due to contractor's non-performance. Further, City
Attorney's Office, Consulting Engineers, and City Staff have attempted to work with the bond
company and bond counsel to have the bond company perform the balance of the contract, which
has not occurred. Further, based on the concerns as outlined in memorandum dated February
22, 1993, February 17, 1993, and December 29, 192, from Conklin, Porter & Holmes, a
resolution has been prepared for City Commission consideration.
William Holmes, Conklin, Porter & Holmes, appeared and reported that in December
of 1992, the contractor failed to establish adequate ground cover and water maintenance on
Site 10, and to comply with a number of permit conditions from Florida Department of
Environmental Regulation, specifically to provide saltation screens and barriers and to
vegetate the site prior to any water runoff, and that the City is liable for any of the
conditions and deterioration which might occur as a result of said non-compliance. Further,
this is an extraordinary condition, that time is of the essence due to the approaching rainy
season, and that the only way to complete the work in a timely manner is throuah chanae
5 3 4 MINUTES
City Commission, Sanford, Florida
Regular Meetinq
February, 22 19 93
orders.
City Manager reported that while the request is for authorization to negotiate
change orders and to prevent further environmental degradation, Staff will work toward
competitive bidding when possible. Further, the proposed resolution contains a competitive
price not to exceed 2.1 million dollars, for completion of the work.
Adoption of Resolution No. 1653. On recommendation of City Attorney's Office, Conklin,
Porter & Holmes, and City Manager, Commissioner Thomas moved to adopt Resolution No. 1653,
entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DECLARING
AN EMERGENCY AT SITE 10 RESULTING FROM CONDITIONS AT SITE
10 AS OF DECEMBER 9, 1992, THE FAILURE OF THE CONTRACTOR,
FOUNTAIN CONSTRUCTION COMPANY, INC. (FCCI) TO
SUCCESSFULLY COMPLETE CONTRACT II, AND THE UP-COMING
RAINY SEASON; AUTHORIZING THE CITY MANAGER TO
EXPEDITIOUSLY COMPLETE THE WORK REQUIRED IN CONTRACT II
WITHOUT UTILIZATION OF COMPETITIVE BIDDING PROCEDURES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A COMPETITIVE
PRICE FOR COMPLETION OF CONTRACT II NOT TO EXCEED 2.1
MILLION COLLARS; AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDERS, IF POSSIBLE, WITH CONTRACTORS ON SITE 10
TO COMPLETE CONTRACT II; PROVIDING FOR SEVERABILITY AND
EFFECTIVE DATE.
Said Resolution to include the testimony presented at tonight's Work Session and the Regular
Meeting, as recommended by Assistant 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
Contract with Universal Engineering regarding Site 10, Contract II, as discussed at tonight's
Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize
execution of said Contract with Universal Engineering in amount of $7,058.00, for
documentation of conditions at Site 10. 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
Renewal of Contract with the State of Florida Department of Health and Rehabilitative
Services regarding the LIHEAP Programt as discussed at tonight's Work Session. On
recommendation of City Manager, Commissioner Howell moved to authorize execution of said
Contract with the State of Florida Department of Health and Rehabilitative Services in amount
of $97,333.00, for low income energy assistance funding. 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
"WINS 25" Demonstration Affordable Housing Project, as discussed at tonight's Work Session.
Commissioner Thomas moved to authorize Staff to prepare and submit an application to Seminole
County, requesting funding in amount of $250,000.00 from surtax on State of Florida
Documentary Stamps, for acquiring additional lots under the "WINS 25" Demonstration Project,
to facilitate affordable housing. Seconded by Commissioner Howell and carried by the vote
of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
Mayor 5miun Aye
Commissioner EcKsteln Aye
Commissioner Thomas Aye
Con~issioner McClanahan Aye
Commissioner Howell Aye
Regular Meetinq
535
February 22
Request from First Baptist Church, to place a "sandwich" si~non the sidewalk each Wednes~_ay,
from 7:30 P.M. to 9:00 P.M., in front of the Church sanctuary, as discussed at to-lght's Work
Session. Commissioner Thomas moved to approve request to place a "sandwich" sign in front
Seconded by Commissioner Howell and carried by the
of the Church sanctuary as requested.
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Audience Participation.
Jack Faulkner, Treasurer, Disabled American Veterans, appeared and read a statement
on behalf of the American Legion, Veterans of Foreign Wars, Fleet Reserve, and Knights of
Columbus, alleging that Sanford Bingo is running an illegal bingo operation in the City of
Sanford, and requested that the City conduct an investigation. Further, Sanford Bingo poses
a threat to every legitimate bingo operation in the area. Also, said organization is in
violation of Florida Statutes Section 049.092, which specifies that the sponsoring charity
must be within a fifteen (15) mile radius of the bingo operation. Also, bingo workers must
be volunteers and members of the sponsoring charity for at least three years, and receive no
compensation, and that Sanford Bingo pays callers $50.00 a night and floor workers $35.00 a
session. Further, a complaint was filed January 28, 1993, and a copy of same forwarded to
the State Attorney's Office, the Seminole County Commission, and the Seminole County
Sheriff's Office.
Acting Police Chief Russell reported that the situation is being investigated.
Further, George Wallace is the attorney for Sanford Bingo.
Mildred Godfrey, 1600 West 12th Street, appeared and reported that nothing has been
done to resolve the drug problem which she spoke about at the last meeting. Ms. Godfrey
stated that vacant properties owned by Margaret Jones, on Lincoln Court, are being used as
crack houses, and requested that said structures be torn down. Also, the lot across the
street from her house needs to be cleared. Also, it is dangerous to print the names of
individuals who appear before the Commission regarding drug situations.
Acting Police Chief Russell reported that he initiated a bike patrol on both the
east and west side of town, and that six (6) arrests were made last week.
Cliff Weitzel, 411 Palmetto Avenue, appeared and reported that there are abandoned
vehicles, boats, trailer, etc. in the. alley directly behind his property on Palmetto Avenue
between Third Street and Sixth Street (Brandon's Kitchen), and requested that the City assist
in removal of same.
Johnell Jackson, 161Bethune Circle, appeared and reported that there are laws that
deal with drug dealing activities, nuisance, and loitering, which include Florida Statutes
Section 823-05, 823-11, 823-10, etc., and that the City should be utilizing said laws to
eliminate these types of problems. Also, individuals are not obtaining permits to burn items
over barrels as required.
19 93
536
MINUTES-
City Commission, Sanford, Florida Requ 1 ar Meet i ng
February 22
19 93
Audrey Tillson, 2510 Myrtle Avenue,.appeared and reported that she understood that
"The Party Machine" was granted a beer and wine license conditioned upon patrons being 21
years of age or older. Also, teenagers gather in the street at this location, throw beer
bottles, and present a noise problem.
City Manager reported that this item was discussed at tonight's Work Session, and
that the Commission concurred to give the owner three (3) days in which to obtain a
Certificate of Registration from the City.
Ralph Parker appeared and reported that the sign in front of "The Party Machine"
was changed to read "ALL AGES on Friday and Saturday Nights", and submitted photographs of
said sign. Also, a petition was circulated and 100 signatures were obtained, but could not
be submitted at the appeal hearing. Also, there are loud noises between the hours of 11:30
P.M. and 3:00 o'clock in the morning, and drugs and alcohol are present at this location.
Bernard Mitchell appeared and reported that the City Commission did not provide
advice or direction regarding the problems presented by Ms. Godfrey at the last meeting
including drug sales and the presence of human waste, which is a health hazard and should be
looked into by the Health Department.
Louis Knight, Jr., 1571 Gardner Avenue, appeared and asked what plans the City
Commission has initiated to address the housing needs of the poor, and the littering and
loitering problem in the black neighborhoods.
There being no further business, the meeting was ad~Durned.
'M -
Attest:
~lerk