052394-Work Session186
MINUTES .
City Commission, Sanford, Florida h/or k Soss i on
May 23 19 94
The City Commission of the Cityof Sanford, Florida, met in Work Session on Monday,
May 23, 1994, at 5:00 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 Attorney William L. Colbert
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Presentation by Bryan Gaines, Disney Development Company, regarding Economic Development
Commission ("EDC") Surface Transportation Plan.
Bryan Gaines, Disney Development Company, reported that the EDC has prepared a
transportation study "Surface Transportation - 2015...and Beyond", which encompasses a four
County area including Seminole, Orange, Osceola and Lake, and distributed a copy of same for
City Commission review and feedback. A video presentation was given outlining the 50 year
plan, the concept of which contains three beltway loops joined together by the turnpike, I-4,
and the east/west expressway which would be expanded to join the outer loop and the urban
commuter rail transit corridor, thus allowing access to and from adjoining metropolitan
areas. Further, the plan combines all expressway authorities and the regional transportation
transit authority into one organization, which will consist of a private/public membership
including nine (9) elected officials, and eight (8) privately appointed individuals.
Further, the estimated cost to implement this plan is 8.9 to 9 million dollars, and that
funding sources to cover the projected shortfall of 5.3 million dollars includes: $.01 sales
tax, $.01 gasoline tax, property tax, and tolls. On recommendation of the City Manager, the
Commission concurred to place this item on the June 13, 1994 Work Session, for further
discussion, with Staff to provide comments and recommendations.
Appeal from Rachel Cheek of City Commission's denial of request for fence to remain in the
right-of-way at 207 East 11th Street. Rachel Cheek was present.
City Manager reported that Staff has researched and provided the status of a number
of locations, submitted by Ms. Cheek, believed to have fences encroaching into street right-
of-ways, together with a list of previously requested right-of-way use permits, and the City
Commission's actions regarding same. Further, there is more concern for fences in right-of-
ways, particularly in cases involving play situations than in years past, and that the
Commission denied the most recent request on llth Street. City Manager recommended
continuation of the denial of Ms. Cheek's request, and that Staff send letters to property
owners who have fences within street right-of-ways requesting relocation of said fences.
After discussion, the Commission concurred to take no further action relative Ms.
Cheek's request. Also, Staff to send letters to property owners who have fences encroaching
into street right-of-ways requesting that said fences be relocated.
Health Insurance Coverage for FY 94/95.
City Manager reported that after hearing presentations from seven (7) of the nine
(9) companies who submitted proposals, the Health Insurance Committee still recommends
acceptance of Prudential's proposal.
MINUTES
City Commission, Sanford, Florida Work Session May 23
Interlocal Agreement with Seminole County regarding Joint NPDES Stormwater Permit
Application.
City Manager recommended approval of the Interlocal Agreement with Seminole County,
with the City's share being approximately $27,000.00.
(City Attorney William L. Colbert joined the meeting.)
Parking Citation an~ Traffic Ordinance.
city Manager recommended adoption of this ordinance, subject to one change on page
5: "notices shall be sent by the City" instead of "notices will be sent by the City", and the
City Attorney concurred.
(Commissioner Howell briefly left the meeting, then returned.)
Recommendations for Welcome Si~n Displays.
The Commission concurred with welcome sign displays as presented and described in
memorandum dated May 11, 1994, from Parks and Recreation Director, including recognition of
Seminole High School Girls Track Team, State Champions, for one week commencing Tuesday, May
24, 1994.
General Fund Balance.
The Commission had no questions/comments.
Vacating a portion of Jewett Lane between Rinehart Road and Upsala Road.
City Manager reported that the City previously entered into an agreement with Mr.
Kelley and Mr. Hartsock, exchanging right-of-ways between Rinehart Road and Upsala Road, that
an ordinance will be introduced tonight vacating the existing Jewett Lane right-of-way,
substituting an s-shaped right-of-way to tie in w~th St. Johns Parkway at Rinehart Road, and
providing for a continuous east/west right-of-way from the Seminole Towne Center Mall to
Central Park Drive. Also, said agreement contains a provision for the exchange of a
retention pond.
Regular Agenda Items and other items.
A. Ninth Annual Warren E. "Pete" Knowles Service Award. The Commission concurred
that Helen Stairs receive this award,
possible.
B. ATCS v. City of Sanford.
for presentation at the June 13, 1994 Meeting, if
City Attorney reported that the City entered into
an agreement with Accounting and Tax Compliance Services "ATCS" on August 4, 1992, for
compliance review to determine whether or not individuals awarded franchises by the City paid
appropriate taxes, and that payment alternatives for said services included: 40% of monies
recovered; 40% of monies recovered in the event of litigation; and 40% of the amount claimed
by ATCS to be due, if the City did not choose to seek recovery or an hourly rate, whichever
is less. Further, ATCS presented a draft report claiming an estimated amount of
$1,279,631.00 arguably due, and an invoice in amount of $44,275.00 representing 646 billable
hours. Further, ATCS filed a lawsuit (December 28, 1992), an amended Complaint, and a
second amended Complaint, to which the City must respond by June 22, 1994. Also, the City
has until June 27, 1994, to accept ATCS' Offer of Judgment in amount of $35,419.00. Further,
the City has four options: 1) continue with litigation, 2) join in Florida Power and Light
as a third party, 3) negotiate directly with ATCS or request a court appointed mediator,
providing some potential for resolution of this case, or 4) accept offer of judgment in
amount of $35,419.00 as full and complete settlement. The City Attorney recommended that the
City Commission authorize Staff to advertise for public hearing on June 13, 1994, for
1994
188
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City Commission, Sanford, Florida Work Sess i on
May 23 1994
consideration of the settlement offer, to place this item on the June 13, 1994, Agenda for
discussion and resolution, and stated that he will provide written comments/recommendations
prior to said meeting.
(Commissioners Howell and McClanahan briefly left the meeting, then returned. )
On recommendation of the City Attorney, the consensus of the Commission was to
authorize Staff to advertise for public hearing on June 13, 1994, for consideration of ATCS'
settlement offer in amount of $35,419.00, and to place this item on the June 13, 1994 Agenda
for discussion and resolution.
c. Emergenc~ Response Services. In response to a request from Commissioner
McClanahan, for guidance/legal opinion regarding elected officials responding to emergency
calls, City Attorney William L. Colbert cautioned members of the Commission in two areas:
1) becoming involved in any emergency response situation because of City Charter provision
"interference with administration", and 2) becoming involved in any emergency response
situation, other than being a good samaritan, and interfering with the chain of command, thus
potentially taking away from the City's defenses in the event a claim is subsequently filed
against the City.
D. Holiday Inn. City Manager reported that the Holiday Inn computer has been
turned off, that the next significant event will be request for Summary Judgment, and that
RTC expects to appoint a new asset manager, who will attempt to deal with the backup offer.
There being no further business, the meeting was adjourned.
M'A~O R ....
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