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101094-Regular MeetingMINUTES City Commission, Sanford, Florida Re,qu 1 ar Meet i n.q 279 October 10 19 94 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, October 10, 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 William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Public Hearing to consider second reading and adoption of Ordinance No. 3223, as advertised in the Sanford Herald on September 29 and October 6e 1994; Dale F. Richardson, petitioner. 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 SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of September 26, 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. 3223. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3223. 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. 3227, as advertised in the Sanford Herald on September 29, 1994. 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, FINANCES AND FUND MANAGEMENT, CONTRIBUTIONS, BENEFITS 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 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. introduced and placed on first reading at meeting of September 26, 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. 3227. No one appeared. Commissioner McClanahan moved to table the public hearing until October 24, 1994. 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 Commi~sioner ~owell Ave 280 MINUTES City Commission, Sanford, Florida Re.qu 1 ar Meet i n.q October 10 19 94 Public Hearing to consider second reading and adoption of Ordinance No. in the Sanford Herald on September 29, 1994. Ordinance No. 3228, entitled: 3228, as advertised 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. introduced and placed on first reading at meeting of September 26, 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. 3228. No one appeared. Commissioner McClanahan moved to table the public hearing until October 24, 1994. 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 Public Hearing to consider second reading and adoption of Ordinance No. in the Sanford Herald on September 29, 1994. Ordinance No. 3231, entitled: 3231, as advertised 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 COURTAND BETWEEN EAST 24TH STREET AND EAST 25TH STREET/GENEVA AVENUE/SR 46; PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. introduced and placed on first reading at meeting of September 26, 1994, was next placed on second reading.. After being read by title, the Chairman announced %hat the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3231. submitted the Grant Commission. No one appeared. The City Manager reported the applicant has not of Easement for an alternate easement, as required by the City Commissioner Howell moved to table the 'public hearing until October 24, 1994, pending receipt of an executed easement. 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 Extension of Cemetery Maintenance Contract with Bon Terre Group, Inc. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said Extension of Cemetery Maintenance COntract with Bon Terre Group, Inc. in amount of $42,755.88; term of contract shall be from October 1, 1994 through September 30, 1995. 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 Regu 1 ar Meet 281 October 10 19 94 Request from New Tribes Mission, for permission to park two (2) recreational vehicles at New Tribes Mission Headquarterse from November 1, 1994 to May 31, 1995. On recommendation of the City Manager, Commissioner Howell moved to authorize New Tribes Mission to park two (2) recreational vehicles at New Tribes Mission Headquarters, from November 1, 1994 to May 31, 1995, as in the past. 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 from Seminole County Historical Society and Commission, for waiver of fees associat~ with their Special Event "Pioneer Days'n Ways and Crafts Festival" held on October i and 2, 1994, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to waive fees for this year only. 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 Contract with Roger George for Karate Class Instruction. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Karate Class Instructor Contract with Roger George, commencing September 8, 1994, for an unspecified time, with a 75/25 split of fees collected. 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 Award of Contracts. Amendment No. 15, to Construction Administrative Services Contract with Conklin, Porter & Holmes dated December 17, 1987, in an amount not to exceed $43,503.01, which includes $8,555.20 for pre-bid and bidding services and $34,947.81 for construction administration and inspection services, for Mill Creek Year 1 Drainage Improvements. On recommendation of the City Manager, Commissioner Howell moved to approve said Amendment No. 15. 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 Award of Contract for Reclaimed Water Main and Sanitary Sewer Force Main - St. Johns Parkway East. (CPH Job No. S0606.09). On recommendation of the City Manager, Commissioner Thomas moved to award the contract to the low bidder, Speegle Construction, in the lump sum fixed amount of $447,100.00, for construction of St. Johns Parkway East Water Main, Reclaimed Main, and Force Main Improvements, with notice to proceed for a construction start date of October 24, 1994. 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 Cloud Branch/Mill Creek Drainage Improvements, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to award the contract to the apparent low bidder Central Florida Underground, including Alternate Bid Item 1 (Additive - 72" diameter RCP in lieu of 60"), and Alternate Bid Item 5 (Deductive - erosion control blanket and grass in lieu of stabilization and sodding), for a total contract price of $244,000.00, for Mill Creek Year 1 Drainage Improvements. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 282 MINUTES City Commission, Sanford, Florida Re§ u ] ar Meet i n§ October 10 19 94 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Weatherization Assistance Program Grant Agreement for FY 94/95. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said Weatherization Assistance Program Grant Agreement for FY 94/95, for cost-reimbursement not to exceed $51,636.00, subject to availability of funds. 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 Resolution No. 1697. Commissioner Thomas moved to adopt Resolution No. 1697, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 23 - 29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. 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 Information from Planning and Zoning Commission Meeting of Thursday, September 15, 1994, as described in memorandum dated September 16, 1994, from Land Development Coordinator. No action required or taken. Board appointments/re-apDointments. Sanford Museum Board: The City Clerk reported that the terms of Dennis Conner, Cecil A. Tucker, III and Robert W. Mann expire November 4, 1994, and that no one is able and/or willing to serve again. The Commission took no action, and concurred to consider possible replacements at the October 24, 1994 Meeting. Board of Adjustment: The City Clerk reported that the terms of Norval Angle and Sylvia Smith expire November 14, 1994; and that both have been contacted and are willing to serve again, if re-appointed. Commissioner McClanahan moved to re-appoint Sylvia Smith and to appoint Henry Sweet to the Board of Adjustment, and thanked Norval Angle for his service on said 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. A. Request for payment of statement from Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for professional services in amount of $1,500.78. City Manager recommended authorization to pay. B. Approval of Vouchers for the Month of September, 1994. C. Approval of Minutes of September 12, 1994, Regular Meeting; and September 26, 1994, Work Session. 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 the Commission: MINUTES City Commission, Sanford, Florida Regular Meeting 283 October 10 19 94 A. Authorized payment of statement in amount of $1,500.78. B. Approved Vouchers for the Month of September, 1994. C. Approved Minutes of September 12, 1994, Regular Meeting; .and September 26, 1994, Work Session. Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged seven (7) invoices totalling $45,251.32. Request from Community Improvement Associationt, for utilization of Sanford Memorial Stadiumt at no charge, in conjunction with their Special Event "Festival of Music and Arts" on November 12, 1994, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to approve free use of the stadium, with requestor to pay $54.00, to cover the City's out-of-pocket costs, and to hire two off-duty police officers for Seconded by Commissioner Thomas and carried by the vote of the Commission as said event. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Condemnations: Status Report/Requests for demolition of structures. A. Status Report of all current and pending condemnations. B. Requests for demolition of condemned structures. (1) Condemnation Report %92-7, 1411 Bell Avenue, Burda Scott/Betty Vickers, owners. (2) Condemnation Report %92-8, 1413 Bell Avenue, Burda Scott/Betty Vickers, owners. (3) Condemnation Report #90-7, 408 1/2 Cypress Avenue, Lizzie Debose, owner; Ruth Allen, Heirs. (4) Condemnation Report #94-2, 818 West 3rd Street, Eastern Savings Bank, owner. On recommendation of the City Manager, Commissioner Howell moved to authorize Public Works to demolish structures (1) through (4), above, after title searches. 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 Series 1994B Bonds. The City Attorney reported that the sale of the Community Redevelopment Agency Series B Bonds is expected October 18, 1994, and that the City Commission, as members of the Community Redevelopment Agency, are required to execute a Certificate as to Public Meetings and No Conflict of Interest. Additional Consent Agenda Itemst as discussed at tonight's WOrk Session. A. Contract with Lisa Hines for Aerobics Class Instruction. B. Purchase of reel mower (Recreation and Parks Department), for cutting City athletic fields. C. Tabulation of Bid #94/95-01, Uniforms (Parks and Recreation Department). D. Tabulation of Bid %94/95-02, Water Distribution Materials (Utility Department). On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye C~mmi~ioner Howell Ave 284 MINUTES City Commission, Sanford, Florida Regul ar Meeting October 10 19 94 the Commission: Approved Contract with Lisa Hines for Aerobics Class Instruction, commencing October 3, 1994, for an unspecified time, with a 75/25 split of fees collected. Approved purchase of a reel mower demo unit from Robinson Equipment Company in amount of $3,600.00, with FY 94./95 funds. Accepted lowest bid, which met specifications, from Thompson's Sporting Goods in amount of $4,966.50. Accepted lowest bid per section, as described in memorandum dated October 3, 1994, from Utility Director. Internal Audit of Licensing Division, as discussed at tonight's Work Session. On request of the City Manager, Commissioner McClanahan moved to authorize further audit work, and payment in an amount not to exceed $10,000.00 to Coopers and Lybrand for said audit work. 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 Seconded Information from Planning and Zoning Commission Meeting of Thursday, October 6, 1994, as described in memorandum dated October 7t 1994, from Director of Planning and Development. The Commission had no questions or comments. No action required or taken. Audience Participation. Anthony People, 1917 West 14th Street, appeared and asked where the Mill Creek drainage improvements will start. The City Manager reviewed the locations and discussed/described the improvements including straightening out the stream between 8th Street and the railroad crossing, and enhancing the channelization of the ditch south of 8th Street. Joseph Howell, 1405 (unable to understand) Lane, Geneva, appeared and requested a waiver of the two-hour moving requirement for a peddler's license to sell pumpkins in the vacant lot on 17-92 between Carli's and ABC Liquors. Commissioner Howell moved to waive the two-hour moving requirement for a peddler's license to sell pumpkins. Said motion died for lack of a second. Ken Erickson, Odom Drive, appeared and requested that the City's baseball program, which is provided by the Recreation and Parks Department, be expanded to year-round, and stated that approximately 100 children have indicated an interest in participating in a year- round program. The Commission concurred to have Mr. Erickson meet with Commissioner Howell and Director of Recreation and Parks Mike Kirby to discuss the feasibility of extending the baseball program to year-round, and possible funding sources for same. Commissioner Thomas invited Mr. Erickson to attend the next Exalted Ruler Lodge 9542 meeting and present his request for funding. Delores Burnett appeared and reported that she has Power of Attorney to speak on behalf of her mother Wilmenia Jordan and sister Betty Reveal regarding the extensive water damage at 2533 E1 Capitan Drive; submitted a packet of information, and responded to comments/actions taken by City Staff regarding this matter, as outlined in memorandum dated October 6, 1994, from the City Manager. Ms. Burnett stated that the City is liable/responsible for the damage caused by the sewage overflow, and should pay to paint the house, and to replace the carpeting, and vinyl in both bathrooms. Further, the City's insurance comDanv has denied her claim for same. MINUTES City Commission, Sanford, Florida Rogul ar Mooting 285 19 94 The City Manager reported that he advised Ms. Burnett that if the damage was due to sewer backup/overflow, not stormwater overflow, the City would be liable. Further, in response to a complaint on July 30, 1994, a City representative noted water backup in the customer's house due to rain. Further, the check valve, which was installed in 1984, was dug up and found to be in good condition; the cleanout near the house is broken and cannot be closed, and needs to be repaired and kept closed; and the cleanout being at ground level acts as a conduit for stormwater to backup into the house. Further, it is appropriate to have this matter in the hands of the City's insurance provider. The Commission concurred that the City Commission is not in a position to make a professional determination as to whether or not the damage was caused by sewer water backup or stormwater drainage/overflow, and recommended that Ms. Burnett contact the City's insurance provider regarding this claim. Ms. Swaggerty, 113 West 19th Street, appeared and reported that she is concerned about the drug problem at 113 1/2 West 19th Street, that she contacted the Police Department and the landlord Mr. Tango to try and resolve this problem, but to no avail, that the City needs to uphold the codes, and asked if the City Commission could expedite the code enforcement process. Further, the notice of violation requires Mr. Tango to comply, to obtain the necessary permits and approval or cease the rental units. Commissioner Howell reported that this is a non-conforming duplex, that there are no City records indicating that this property was ever converted from single-family to multi- family, and that there is only one (1) meter at this location. The City Manager reviewed the Code Enforcement process taken with regard to this property, and stated that unless the City Commission is willing to grant a waiver, the landlord will not be able to obtain the necessary approvals/permits, and will be required to cease operations. The Commission took no action. There being no further business, the meeting was adjourned. Attest: / City Clerk