112894-Regular MeetingMINUTES
City Commission, Sanford, Florida
Regular Meeting
November 28 19 94
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, November 28, 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.
Award of Financial Reporting Achievement.
Mayor Smith presented Finance Director Carolyn Small with an Award of Financial
Reporting Achievement for the Comprehensive Annual Financial Report for FY ended September
30, 1993.
Public Hearing to consider second reading and adoption of Ordinance No. 3224, as advertised
in the Sanford Herald on November 17 and 24, 1994.
Ordinance No. 3224, 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 PAMALA COURT AND VIHLEN ROAD AND
BETWEEN UPSALA ROAD AND OLD MONROE ROAD EXTENDED
SOUTHERLY, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of November 14, 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. 3224. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3224. 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
Continuation of Public Hearing to consider second reading and adoption of Ordinance No. 3231;
tabled at October 10 and 24, 1994 Meetings, pending receipt of executeD Grant of Easement,
as discussed at tonight's Work Session.
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.
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.
3231. No one appeared.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
Staff to send a letter to the applicant, indicating that unless the required Grant of
Easement is received prior to the December 12, 1994, Meeting, second reading and adoption of
Ordinance No. 3231 will be tabled until January 9, 1995. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
Reqular Meeting
311
November 28
1994
M:~uz SmiLl~ A~':
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
AmeDmmemt No. 15, to Agreement with Conklint Porter & Holmes, for Water System Corrosion
Control Modifications and "Full-Scale" Demonstration Test. On recommendation of the City
Manager, Commissioner Thomas moved to authorize execution of Amendment No. 15, to original
Agreement with Conklin, Porter and Holmes dated December 17, 1987, in amount of $46,584.00,
for Water System Corrosion Control Modifications and "Full-Scale" Demonstration Test.
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 Tim McLaughlin, to encroach five (5) feet into utility easement, to install
concrete slab at 180 Pinecrest Drive. On recommendation of the City Manager, Commissioner
McClanahan moved to approve the encroachment for installation of a concrete slab, as
requested.
follows:
Seconded by Commissioner Ho%~ll and carried by the vote of the Commission as
Mayor Smith -Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Interlocal Agreement with Seminole Community College regarding dedication of conservation
easement for wetlands mitigation and installation of reclaimed water pipelines.
The City Manager reported that the City will provide a 32 acre conservation
easement, in exchange for the College installing reclaimed water pipelines from Lake Mary
Boulevard to the College to facilitate future reclaimed water irrigation, and for design and
construction of additional City financed potable water pipelines to service Five Points
during construction of a new access road.
On recommendation of the City Manager, Commissioner Howell moved to authorize
execution of said Interlocal Agreement with Seminole Community College for dedication of a
conservation easement for wetlands mitigation and installation of reclaimed water pipelines.
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
Land donation (Lot 3 of A.L. Sherman's Plat of Lots i and 2 of W.F. Leavitt's Subdivision)
from Mason H. Wharton, as discussed at tonight's Work Session. On recommendation of the City
Manager, Commissioner McClanahan moved to accept donated property as offered by Mr. Wharton.
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
312
MINUTES
City Commission, Sanford, Florida
Regular Meeting
November 28
19 94
Lease Extension and Modification Agreement with Boys and Girls Cl,,h of Central Florida for
utilization of Westside Recreation Center. On recommendation of the City Manager,
Commissioner Howell moved to authorize execution of said Lease Extension and Modification
Agreement with the Boys and Girls Club of Central Florida; the term of said lease to be
twenty-five (25) years (October 1, 1994 through October 1, 2019), with the City to continue
paying 75% of all utility costs through September 30, 1995; and the City shall contribute the
sum of $500.00 per month beginning October 1, 1995, for support of Boys and Girls Club
programs, and reimburse not to exceed $3,000.00 for installation of new gymnasium lights.
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 Mr. and Mrs. Scott Cardel, for stabilized parking area within the right-of-way
of Wax Myrtle Drive at 104 Wax Myrtle Drive. On recommendation of the City Manager,
Commissioner Howell moved to authorize execution of a Right-Of-Way Use Agreement, for
stabilized parking area within the right-of-way of Wax Myrtle Drive, as requested. 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 Mr. and Mrs. Kelton D. Sweet, for installation of wood picket fence in the
right-of-way of 23rd Street at 1204 Palmetto Avenue.
The City Manager recommended approval of said Right-Of-Way Agreement, with the
existing hedge to remain in its present location.
Commissioner Howell moved to authOrize execution of a Right-Of-Way Use Agreement,
for installation of a wood picket fence in the right-of-way of 23rd Street, with existing
hedge to remain in its present location, 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
Request for public works to secure/board up condemned property/structure at 708 Palmetto
Avenue, and mow high growth.
The City Manager reported that a title search revealed there are eight (8) liens
on this property, that the City Attorney recommends that this issue be revisited, and that
Staff will provide information at a future Work Session.
On recommendation of the City Manager, Commissioner Howell moved to authorize
Public Works to board up the property at 708 Palmetto Avenue, and mow the high growth around
said property. 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
First reading of Ordinance No. 3233.
On motion of Commissioner Howell, seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida Regu I ar Meet ] nq
313
November 28
19 94
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3233, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, TO ESTABLISH ONE (1) ADDITIONAL
"LICENSING oFFICIAL" POSITION PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Information from Planning and Zoning Cc~nission Meeting of Thursday, November 3, 1994, as
described in memorandum dated November 4, 1994, from LandDevelopment Coordinator. No action
required or taken.
Board appointments/re-appointments: Code Enforcement Board. The City Clerk reported that
there is one vacancy (alternate member) for term to expire December 31, 1997. Commissioner
Thomas moved to appoint Henry Sweet, Jr. as an alternate to the Code Enforcement Board.
Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows:
Consent Agenda.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Requests for payment of statements.
(1)
(2)
From Universal Engineering for:
(a) French Avenue Water Plant-Soil Testing .............. $ 140.00
(b) Lake Mary Boulevard Water Main Relocation ........... $ 342.00
(c) Hughey Avenue Water Main Extension .................. $ 216.00
From Muller, Mintz, Kornreich, Caldwell, Case¥,
Crosland & Bramnick for professional services ............ $1,347.40
Bid for Bank Loan for City Equipment.
Approval of Minutes of November 14, 1994, Work Session; and November 14, 1994,
Regular Meeting.
On motion of Commissioner Thomas, seconded by Commissioner M¢Clanahan and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissione~ McClanahan Aye
Commissioner Howell Aye
the Commission:
A.
Authorized payment of statements (1) and (2), above.
Accepted lowest bid from Southtrust Bank of Orlando for a 5.39 fixed interest
rate loan, and authorized Staff to negotiate a loan with the second lowest
bidder Barnett Bank, if deemed necessary, as described in memorandum dated
November 24, 1994, from Finance Director.
Ce
Approved Minutes of November 14, 1994, Work Session and Minutes of November
14, 1994, Regular Meeting.
Information regaraing invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged thirteen (13) invoices totalling $279,159.68.
MINUTES
City Commission, Sanford, Florida
Regular Meeting
November 28 19 94
Request from Sanford Main Street, for street closures in conjunction with S~ecial Event
"Light up Sanford/Ritz Celebration on December 10, 1994. On recommendation of the City
Manager, Commissioner Howell moved to approve closing First Street from Park Avenue to
Palmetto Avenue, and Second Street from 50' west of Magnolia Avenue to 50' east of Magnolia
Avenue, and Magnolia Avenue from 50' south of the Ritz Theatre to Magnolia Square, as
requested. 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
First reading of Ordinance No. 3234, as discussed at tonight's Work Session. On motion of
Commissioner McClanahan, 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
Ordinance No. 3234, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN
AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY
TO DELETE THE TWO (2) "OUTREACH WORKER" POSITIONS FROM
THE DEPARTMENT OF COMMUNITY DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3237, as discussed at tonight's Work Session. On motion of
Commissioner Howell, 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
Ordinance No. 3237, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3215 WHICH CLOSED, VACATED AND ABANDONED A
PORTION OF JEWETT LANE LYING BETWEEN RINEHART ROAD AND
UPSALA ROAD, AMENDING SECTION 1 THEREOF TO CORRECT THE
LEGAL DESCRIPTION THEREIN; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Seminole County Public Schools Safe Schools Afterschool Program Grant, as discussed at
tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to
authorize execution of said Agreement, for grant funding, for the City to continue and expand
the basketball program at Sanford Middle School. 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
Regular Meeting
315
November 28
Request for street closures associated with Orlando Yacht Club's Regatta December 2, 3, 4,
1994, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Thomas authorized street closures as requested, including Seminole Boulevard
between San Juan Avenue and Sanford Avenue, if boats need to be seawall launched instead of
Seconded by Commissioner Howell and carried by the vote of the Commission
beach launched.
as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Demolition of Montezuma Hotel, as discussed at tonight's Work Session.
On recommendation of
the City Manager, Commissioner McClanahan moved to authorize Staff to obtain telephone bids
and award contract in order to expedite removal of the hazard; not using City forces.
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
Audience Participation.
Anthony People, 1917 West 14th Street, appeared and asked about the status of the
Cloud Branch/Mill Creek drainage improvements.
The City Manager reported that there was a delay in obtaining clear title for one
of the parcels of land, and that he expects to award the contract for work on 8th Street in
the middle of December, 1994.
Reverend Rucker, First Shiloh Missionary Baptist Church, 700 Elm Avenue, appeared
and expressed his concerns/objections to the City hiring a police officer who was dismissed
by the Seminole County Sheriffs Department because of actions unbecoming an officer including
communicating racial slurs about African-Americans, and distributing similar materials.
Deputy Police Chief Dillard reported that the officer haS not been hired to date,
that his application is being contemplated at this time.
The Commission indicated that they share Reverend Rucker's concerns, however, the
Commission cannot interfere with the hiring of police officers, and that Police Chief and
Deputy Police Chief have the final say.
City Attorney William Colbert reported that he would be happy to work with the City
Manager and the Police Department, and provide comments/recommendations as appropriate, and
that the City Commission is not in a position to give direction to the Police Chief this
evening.
Julia Lewis, 1801 Hawkins Avenue, reported that she shares the same concerns as
Reverend Rucker, that another police officer indicated that this individual was hired, that
if he comes into her neighborhood with the same attitude it will cause a blood bath, and
requested that the City Commission recommend to the Police Chief that this individual not be
hired.
1994
316
MINUTES
City Commission, Sanford, Florida Regu i ar Meet i ng
November 28 19 94
Edward Hamilton, Lake Monroe Terrace, Apartment 85, appeared and concurred with
Reverend Rucker and Ms. Lewis.
The Commission concurred that the City Attorney work with the City Manager and the
Police Chief as appropriate.
There being no further business, the meeting was adjourned.
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Attest:
~ City Clerk '~/~/ ~/