092694-Regular Meeting MINUTES
City Commission, Sanford, Florida Regul ar Meetin~
269
September 26
19__
94
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, September 26, 1994, 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 Donna L. McIntosh
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
The Chairman called the meeting to order.
Presentation. Russ Germain, Commander, Veterans of Foreign Wars, Post 10108, appeared and
recognized the City of Sanford for its excellence in promoting Americanism, and presented
Mayor Smith, on behalf of the City of Sanford, an Americanism Award.
Public Hearing to finalize and adopt Annual Budget and Capital Program, and adopt the millage
rate for the City of Sanford, Florida, for Fiscal Year October 1, 1994 to September 30, 1995,
as advertised in the Sanford Herald on September 9 and 21, 1994.
Mayor Smith announced that the proposed millage rate of 6.8759 mills exceeds the
rolled-back rate by 4.7309% and this is necessary for the City to provide continuing level
of City Services in the face of inflation and to meet new demands associated with new
development.
Mayor Smith announced that the Commission would hear from those persons present to
speak regarding the proposed FY 94/95 Budget and Millage. No one appeared.
Commissioner Howell moved to adopt Resolution NO. 1695, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DETERMINING
THE AMOUNTAND FIXING THE RATE OF TAXATION AND MAKING THE
ANNUAL TAX LEVY FOR THE FISCAL YEAR 1994-1995, FOR THE
CITY OF SANFORD, FLORIDA.
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
Commissioner Howell moved to adopt Resolution No. 1696, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, ADOPTING A BUDGET OF REVENUES AND
EXPENDITURES FOR THE CITY OF SANFORD, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING
SEPTEMBER 30, 1995, AND CAPITAL BUDGET.
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
Public Hearing to consider second reading and adoption of Ordinance No. 3229, as advertised
in the Sanford Herald on September 15r 1994.
Ordinance No. 3229, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING
APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING
SEPTEMBER 30, 1995; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of September 12, 1994, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
~rdin~nc~ N~. 2229. No one appeared.
270 MINUTES
City Commission, Sanford, Florida
Regular Meeting
September 26 1994
No. 3229.
follows:
Commissioner McClanahan moved on the second reading and adoption of said Ordinance
Seconded by Commissioner Howell and carried by the vote of the Commission as
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3230, as advertised
in the Sanford Herald on September 15, 1994.
Ordinance No. 3230, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESCINDING
ORDINANCE NO. 3169 AND ITS AMENDMENTS, AND ADOPTING A
SALARY CLASSIFICATION PLAN EFFECTIVE OCTOBER 1, 1994;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of September 12, 1994, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3230. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3230. 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
COmmissioner Thomas moved to authorize the City Manager to transfer budgeted funds
within departments, offices, or agencies during FY 95, as minor adjustments become necessary.
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
Mayor Smith announced that this is the fifth year the millage has not been raised.
Continuation of public hearing to consider closing, vacating and abandoning all of 24th Place
between Princeton Avenue and Poinsetta Avenue and a portion of a north-south alley between
Grandview Avenue and 24th Place and between Princeton Avenue and Poinsetta Avenue; tabled at
September 12, 1994 Meeting, pending additional information.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the requested street right-of-way and alley
closing.
Wayne Sobien appeared and reported that he represents the property owners, that
they understand that Staff's recommendation to approve a right-of-way use permit instead of
vacating the alley is a better solution to the problem, and that this would not cause a
hardship.
City Manager reported that the recommendation is to grant a right-of-way use permit
over properties which were requested for vacating in the case of the alley and sufficient
right-of-way use of' 24th Place to encompass the carport structure and the private driveway
off Princeton Avenue, with the City reserving the right to rescind Said right-of-way use
permit at any time.
Mr. Knight, Poinsetta Avenue, appeared and reported that is he opposed to closing
the street, and the carport remaining in the street right-of-way.
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City Commission, Sanford, Florida
Rggu 1 ar Meet i ng
271
September 26
1994
City Manager reported that the right-of-way use permit, as recommended, does not
change ownership of the property, and that the City is only granting permission for the
driveway and a corner of the carport to be on City property.
Recommendation submitted from the Plans Review Committee to confine the vacation
of the street right-of-way and the alley to the property upon which the improvement is
located; vacating either the triangular piece of land upon which the improvement sits or
issuing a right-of-way use permit for that same area.
On recommendation of the City Manager, Commissioner Howell moved to authorize a
right-of-way use permit over the properties which were requested for vacating in the case of
the alley and sufficient right-of-way use. of 24th Place to encompass the carport structure
and the private drivewaY off of Princeton Avenue, with the City reserving the right to
rescind the right-of-way use permit at any time. 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 second reading and adoption of Ordinance No. 3226, as advertised
in the Sanford 'Herald on September 15, 1994.
Ordinance No. 3226, entitled:
AN ORDINANCE~OF THE CITY OF SANFORD, FLORIDA, ADOPTING A
WRECKER QUALIFICATIONS AND ALLOCATION SYSTEM; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of September 12, 1994, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3226. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3226. 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
Request from Corrine VanBibber, for waiver of two-hour moving requirement for peddler's
license, sell flowers and crafts from the north west corner of Airport Boulevard and French
Avenue (Cal's Produce). On recommendation of the City Manager, Commissioner Howell moved to
deny the requested waiver. 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
Request from Francisco Aviles, President, Cadel Auto Sales, Inc., for right-of-way use
permit, for utilization of City alle~ on west side of property located at 1215 West First
Street. Recommendation submitted from the Plans Review Committee to approve the right-of-way
use permit. City Manager reported that in conjunction with the right-of-way use, the owner
has agreed to provide a drainage maintenance easement along Mill Creek. Commissioner
McClanahan moved to approve the requested right-of-way use permit, with the owner to provide
the City with a drainage maintenance easement along Mill Creek adjacent to the property.
272
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City Commission, Sanford, Florida Regu! ar Meoti no
September 26
19 94
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
Request from Victory Temple of God, Inc., for closure of Sixth Street between Pine Avenue and
Hickory Avenue in con~unction with Special Event ,'Saints Family Reunion" Block Party on
October 1, 1994, from 9:00 A.M. to 4:00 P.M.
On recommendation of the City Manager,
Commissioner Howell moved to approve the closing of Sixth Street, as requested. 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
Agreement with Sanford Gymnastics Associations, Inc., for utilization of facility at 601 East
25th Place, for Sanford Recreation Programs. On recommendation of the City Manager,
Commissioner Thomas moved to authorize execution of said Agreement with Sanford Gymnastics
Association, Inc., for utilization of the facility at 601 East 25th Place in conjunction with
Sanford Recreation Programs, for a period of twelve (12) months (October 1, 1994 to September
30, 1995) at the rate of $1,000.00 per month; totalling $12,000.00. 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
First reading of Ordinance No. 3223. On motion of Commissioner Thomas, 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. 3223, 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 PROPERTY LYING BETWEEN SIR LAWRENCE DRIVE
AND ART LANE AND BETWEEN HIDDEN LAKE DRIVE AND LAKE MARY
BOULEVARD, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3227. 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. 3227, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ARTICLE XV OF THE CITY CODE ENTITLED FIREFIGHTERS
RETIREMENT SYSTEM; PROVIDING DEFINITIONS, MEMBERSHIP,
BOARD OF TRUSTEES, FIANCES AND FUND MANAGEMENT,
CONTRIBUTIONS, BENEFIT AMOUNT AND ELIGIBILITY, PRE-
RETIREMENT DEATH, DISABILITY, VESTING, OPTIONAL FORMS OF
BENEFITS, BENEFICIARIES, CLAIMS PROCEDURES, REPORTS TO
DEPARTMENT OF MANAGEMENT SERVICES, ROSTER OF RETIREES,
BOARD ATTORNEY AND PROFESSIONALS, MAXIMUM PENSIONS,
COMMENCEMENT OF BENEFITS, DISTRIBUTION OF BENEFITS,
MISCELLANEOUS PROVISIONS, REPEAL OR TERMINATION OF
MINUTES 273
City Commission, Sanford, Florida
Regular Meeting
September 26
19~4
SYSTEM, EXEMPTION FROM EXECUTION, ASSIGNABILITY, PENSION
VALIDITY, FORFEITURE OF PENSION, INDEMNIFICATIONS, DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS, FAMILY
MEDICAL LEAVE ACT; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE~ DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3228. On motion of Commissioner Thomas,
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. 3228, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3188, RESTATING THE CITY OF SANFORD POLICE
OFFICERS' RETIREMENT SYSTEM; AMENDING THE DEFINITION OF
"CREDITED SERVICE"; AMENDING SECTION 3, BOARD OF
TRUSTEES, SUBSECTIONS 1 AND 3, BOARD OF TRUSTEES,
SUBSECTIONS 1 AND 6; AMENDING SECTION 19, SUBSECTION 2,
ACCRUED BENEFITS; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3231. 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. 3231, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 14
FOOT WIDE NORTH-SOUTH UTILITY EASEMENT LYING BETWEEN
MELLONVILLE AVENUE AND WASHINGTON COURT AND BETWEEN EAST
24TH STREET AND EAST 25TH STREET/GENEVA AVENUE/SR 46;
PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE.
was introduced and placed on first reading.
Information from Planning and Zoning Co~,ission Meeting of Thursday, September 1, 1994, as
described in memo dated September 2, 1994, from Land Development Coordinator. No action
required or taken.
Board appointments/re-appointments.
A. Historic Preservation Board: The City Clerk reported that the terms of Laura
Straehla and Margaret J. Frieson expire October 28, 1994, and that both have
been contacted and are willing to serve again, if re-appointed.
Commissioner Howell moved to appoint Mike Skats and to re-appoint Margaret
Frieson to the Historic Preservation Board, and thanked Ms. Straehla for her
service on this board. 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.
ae
Requests for payment of statements.
(1) From City Attorney for professional services for the month
of August, 1994 .............................................. $3,697.00
(2) From Universal Engineering Sciences for:
(a) Lake Mary Boulevard Water Main Relocation .............. $1,460.00
MINUTES
City Commission, Sanford, Florida Regul ar Meetin~q
September 26 19 94
336.00
(c) Hughey Avenue Water Main Extension ...................... $1,629.00
Proposal for Instructor of Stained Glass Classes (Parks and Recreation
Department). City Manager recommended acceptance of only proposal, which met
specifications, from Denise Hurley, with class fees as described in letter
dated July 27, 1994, from Denise Hurley, Glass Addicts.
C. Approval of Minutes of September 12, 1994, Work Session.
On motion of Commissioner Howell, seconded by Commissioner McClanahan 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
Authorized payment of statements (1) and (2).
Accepted only proposal, which met specifications, from Denise Hurley, with
class fees as described in letter dated July 27, 1994, from Denise Hurley,
Glass Addicts.
C. Approved Minutes of September 12, 1994, Work Session.
Information reqarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged eight (8) invoices totalling $258,871.72.
City Government Week. The Commission concurred to consider adopting a resolution regarding
"City Government Week" at the October 10, 1994, Regular Meeting.
Interlocal Agreement regarding Conflict Resolution, as discussed at tonight's Work Session.
Assistant City Attorney Donna McIntosh reported that the final draft was approved by all the
attorneys for the various agencies, and presented to CALNO on October 5, 1994.
Commissioner Howell moved to approve the Interlocal Agreement on Mediation and
Intergovernmental Coordination as proposed by CALNO. 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
Request from Tony Black, Minister, Sanford Church of Christ, for reconsideration of 15th
Street as a one-way street in its present direction, as discussed at tonight's Work Session.
On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to
install a curb cut and driveway apron, at the City's expense, from the church's parking lot
onto 16th Street, with Staff to monitor the situation and report back to the Commission.
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
Proposal from Manual Padron & Associates, Inc., for City of Sanford/Seminole County Inter-
Modal Study, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Thomas moved to conceptually approve the Interlocal Agreement with LYNX, in an
amount not to exceed $22,650.00, to be shared equally ($11,325.00 each) between Seminole
County and the City of Sanford, for Inter-Modal Study by Manual Padron & Associates, with
funding from budgeted FY 93/94 funds, subject to necessary clarifications regarding scope of
services, 50/50 City/LYNX funding and not-to-exceed clause. Seconded by Commissioner Howell
and carried by the vote of the Commission as follows:
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City Commission, Sanford, Florida
Regular Meeting
275
S~pt~mhor 26
1994
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Temporary ~mployment Agreement regarding Customer Service Representative, as discussed at
tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to
authorize Staff to hire a temporary, not to exceed six (6) months, contractual Customer
Service Representative I in the Finance Department, to handle general fund cashiering duties,
with a pay grade of 02.22, at an hourly rate of $7.09. 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
Letter of Congratulations. The City Manager read a letter from the Department of HRS
congratulating the Sanford Fire Department relative inspection of the department's emergency
medical services operation.
Request from Seminole County Historical Society, to close a portion of Bush Boulevard in
conjunction with their Special Event "Pioneer Days'n Ways and Crafts Festival" on October 1
and 2v 1994v from 10:00 A.M. to 5:00 P.M. On recommendation of the City Manager,
Commissioner Howell moved to approve the requested street closure. 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
There being no further business, the meeting was adjourned.
Attest:
~- City Clerk