121994-Regular Meeting MINUTES
City Commission, Sanford, Florida Reg u 1 ar Meet i n g
327
December 19
19 94
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, December 19, 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
Assistant City Attorney Clayton D. Simmons
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
The Chairman called the meeting to order.
Employee of the Year Award.
Mayor Smith announced that Gracy Posley, Sanford Police Department, has been
selected as Employee of the Year, and presented Ms. Posley with a plaque, a certificate, and
a $100.00 savings bond. The Mayor reported that Ms. Posley will also receive a reserved
parking space for one year.
public Hearing to consider second reading and adoption of Ordinance No. 3235, as advertised
in the Sanford Herald on December 8, 1994.
Ordinance No. 3235, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 20
FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT LYING BETWEEN
NORTHSTAR COURT AND COASTLINE ROAD AND BETWEEN UPSALA
ROAD AND CENTRAL PARK DRIVE; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 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. 3235. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3235. 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. 3236, as advertised
in the Sanford Herald onDecember 8, 1994.
Ordinance No. 3236, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING THAT CERTAIN 15 FOOT WIDE EAST-
WEST UTILITY EASEMENT LYING ON THE NORTHERLY PORTION OF
THE PROPERTY AT 2524 HIAWATHA AVENUE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 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. 3236. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3236. Seconded by Commissioner McClanahan and carried by the vote of the Commission as
follows:
328
MINUTES
City Commission, Sanford, Florida
Regular Meeting
December 19
19 94
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Paralyzed Veterans of Central Florida for reduced rate of Civic Center rental
fees, for Annual PVA U.S. Open Bass Tournament April 28, 29 and 30, 1995. On recommendation
of the City Manager, Commissioner Thomas moved to approve reduced rate of Civic Center rental
fees in amount of $1,080.00. 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 for authorization to provide financial assistance with Good NeighBor Utility Funds.
On recommendation of the City Manager, Commissioner McClanahan moved to approve financial
assistance in amount of $280.00 with Good Neighbor Utility 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
Petition for Annexation of a portion of property lying between Silver Lake Road and Cornwall
Road and between Mellonville Avenue and Ohio Avenue. On recommendation of the City Manager,
Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to
annex the property 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 from Jeanne Atkinson, Sunshine Liquors, Inc. (1610 West 13th Street), for~ermission
for Dackage sale of alcoholic beverages on Sunday, December 25, 1994 and January 1, 1995,
from 1:00 P.M. until 9:00 P.M. On recommendation of the City Manager, Commissioner Thomas
moved to deny the request for package sale of alcoholic beverages on Sunday, December 25,
1994 and January 1, 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
Request from Finance Director for Rene Bates Auctioneers, Inc.,'toconduct the City's auction
on Saturday, March 11, 1995. On recommendation of the City Manager, Commissioner McClanahan
moved to authorize Staff to retain Rene Bates Auctioneers, Inc., to conduct the City's
auction 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
MINUTES
City Commission, Sanford, Florida - Regul ar Meeting
329
December 19
19 94
InterlocalAgreement with Seminole County for Wholesale Wast.water Service for Seminole Town.
Center. On recommendation of the City Manager, Commissioner Thomas moved to authorize
execution of said InterloCal Agreement with Seminole County, for 250,000 GPD of wast.water,
for Seminole Town. Center, with wast.water connection fees at $7.00 per gallon or at the rate
in effect at the time of Seminole County's execution of the FDEP permit applications; and a
wholesale charge of $2.10 per 1,000 gallons of wastewater; the term of said agreement to be
ten (10) years with automatic extension for successive periods of ten (10) years each.
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
Consent Agenda.
Be
Requests for payment of statements.
(1)
From City Attorney for Professional Services for the
month of November, 1994 ................................. $7,605.00
(2)
From Muller, Mintz, Kornreich, Caldwell, Case,
Crosland & Bramnick for Professional Services thru
November 30, 1994 ....................................... $2,652.69
(3) From Universal Engineering Sciences for:
(a)
French Avenue Booster Plant Improvements, Soil
Testing ............................................ $
114.00
(b)
Lake Mary Boulevard Utility Relocation,
Soil Testing - $
152.00
Tabulations of Bids.
(i)
Bid %94/95-11, Irrigation Materials FY 94/95 (Recreation and Parks
Department). City Manager recommended acceptance of the lowest bids,
which met specifications, for various irrigation items as described in
memorandum dated December 9, 1994, from Recreation and Parks Director.
(2)
Bid 994/95-15, Annual Manhole Bricks and Portland Cement (Public Works
Department). City Manager recommended award of bids to vendors offering
the lowest unit prices as described in memorandum dated December 9,
1994, from Public Works Director.
C. Approval of Minutes of December 7, 1994, Special Meeting.
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
the Commission:
A. Authorized payment of statements (1) through (3).
B. (1)
Accepted lowest bids, which met specifications, for various irrigation
items as described in memorandum dated December 9, 1994, from Recreation
and Parks Director.
(2)
Awarded bids to vendors offering the lowest unit prices as described in
memorandum dated December 9, 1994, from. Public Works Director.
C. Approved Minutes of December 7, 1994, Special Meeting.
Information regarding invoices paid during 'the period for previously approved lump sum
contracts. The Commission acknowledged two invoices totalling $2,883.00.
330
MINUTES
City Commission, Sanford, Florida Reg u 1 ar Meet i n g
December 19 1994
Final approval of Southtrust Bank Loan in amount of $591,899.00. On recommendation of the
City Manager, Commissioner Howell moved to adopt Resolution No. 1699, entitled:
A RESOLUTION AUTHORIZING THE BORROWING OF $591,899.00
FROM SOUTHTRUST BANK OF ORLANDO, (THE "BANK"); PROVIDING
FOR THE REPAYMENT OF THE LOAN EVIDENCED BY A PROMISSORY
NOTE (THE "NOTE"); MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
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
Assistant City Attorney Simmons briefly described the Certificate as to Public Meetings and
No Conflict of Interest and reported that each member of the Commission is required to
execute same.
Resolution No. 1698, creating a Charter Advisory Committee. On recommendation of the City
Manager, Commissioner McClanahan moved to adopt Resolution No. 1698, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING A CHARTER ADVISORY COMMITTEE, DEFINING ITS
DUTIES AND DURATION, PROVIDING AUTHORITY FOR EXPENDITURES
AND A METHOD FOR ESTABLISHING MEETINGS, PROVIDING FOR
PUBLIC MEETINGS AND A METHOD OF PROVIDING LEGAL AND STAFF
ASSISTANCE TO THE COMMITTEE.
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
The Commission appointed the following individuals to serve on the Charter Advisory
Committee: Henry Sweet, Bill Royster, Anthony People, Joe Young, Connie Williams, Brent
Adamson, Joe Dennison, Helen Stairs, Lisa Nason, and Mike Skat, and concurred that Staff ask
the members for a convenient date and time for the first meeting, and report same to the City
Commission at the first meeting in January, 1995.
Water Main Break. Commissioner Eckstein commended City Staff for their diligence in
repairing the recent water main break on 17-92/French Avenue, and requested that a letter of
recognition be placed in the personnel file of each individual involved, and the Commission
concurred.
Reorganization of the Building and Code Enforcement Division.
Commissioner Thomas moved that the Building Department and Code Enforcement
Division be moved from the Engineering and Planning Department to the Community Development
Department. Seconded by Commissioner McClanahan.
Commissioner Eckstein reported that he would like some time to consider the
proposal, and receive input from the City Manager.
The City Manager reported that he would appreciate time until the next meeting to
prepare recommendations for the City Commission before action is taken to mandate such an
organizational change, that he could accept and move forward with such a motion as a sense
of direction from the City Commission, but that several things need to be considered before
an ordinance is prepared to implement such a concept.
Commissioner Thomas reported that there has been some deterioration in Community
Development, and that after a while it will only be Charles Rowe.
MINUTES
City Commission, Sanford, Florida
Regular Meeting
331
December 19
1994
Mayor Smith reported that she does not find, fault with the suggestion, but is
concerned with micro managing, and that the City Manager deserves the opportunity to provide
comments.
Commissioner McClanahan reported that he discussed this matter with the City
Manager some time ago, that he will not have an opportunity to provide input if the issue is
delayed, that he has been a proponent of the Community Development Office, and that he would
like to vote on this issue tonight.
Mayor Smith called for a vote on the foregoing motion to move the Building
Department and Code Enforcement Division from the Engineering and Planning Department to the
Community Development Department. Said motion passed by the vote of the Commission as
follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Insurance benefits for retired elected officials. Commissioner Howell moved that elected
City officials qualifying for retirement be covered under the insurance program the same as
former retired Commissioners and Mayors.
vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Seconded by Commissioner Thomas and carried by the
Request to purchase D.A.R.E. T-Shirts with Law Enforcement Trust Funds. On recommendation
of the City Manager, Commissioner Howell moved to aUthorize Staff to purchase 500 D.A.R.E.
T-Shirts, from D.A.R.E..America at $4.10 each; totalling $2,050.00, with Law Enforcement
Seconded by Commissioner Thomas and carried by the vote of the Commission as
Trust Funds.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
-Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Christmas Bicycles. Commissioner McClanahan commended and thanked Fire Department Personnel
for their contributions/efforts in restoring fifty (50) bicycles, which will be given away
at Christmas.
Organizational Meeting January 3, 1995. The City Clerk confirmed that each member of the
City Commission received their Agenda for the Organizational Meeting on January 3, 1995.
Audience Participation.
Anthony People, 1917 West 14th Street appeared and asked about the status of CDBG
funds allocated for the 13th Street Project. ~
Charles Rowe reported that the City's recommendation will be considered at the next
Seminole County Commission Meeting, that because the project involves more than housing, an
environment analysis/review of the entire City is needed, which is a very lengthy process and
will cause the project to be delayed.
Mr. People requested the status of code enforcement activity and trash pick-up.
The City Manager reported that trash pick-up is continuing.
Public Works Director Jerry Herman reported that there is a backlog of trash pick-
up calls because of the holiday season.
MINUTES
City Commission, Sanford, Florida
Regular Meeting
December 19 19 94
The City Manager reported that a second Code Enforcement Inspector has been hired
and is currently receiving training, that code enforcement is handled on a complaint basis,
and that Code Inspectors will also look for other violations when responding to complaints.
Doug Winfrey, 802 South Palmetto Avenue, and Ehndorf Erhard, Denmark, appeared and
requested .approval for a continuous parking permit to periodically/intermittently park a
recreational vehicle at 802 South Palmetto Avenue, between January 6, 1995, when the current
trailer parking permit expires, and the beginning of May, 1995. Mr. Winfrey stated that Mr.
Erhard has helped with repairs, landscaping, and clean-up of the property, and is an asset
to the community.
The City Manager reported that Mr. Winfrey previously received a three (3) week
permit for an occupied RV, which expired in October, 1994, that Mr. and Mrs. Erhard left the
area and returned on or about December 9, 1994, at which time a citation warning notice was
served requiring their removal/departure from the recreational vehicle by 5:00 o'clock P.M.
December 16, 1994. Further, the City Code does not provide a speCific time period after
which additional permits may be issued. Further, he granted an additional three week permit,
which expires January 6, 1995, and that he advised Mr. Erhard that he and/or Mr. Winfrey
would need to come before the City Commission to seek definitive relief from the City prior
to expiration of the permit. Further, there would be a potential problem of setting a
precedent if the City approves a waiver or general relaxation of the rule in this case,
however, the City Commission could, if it so desires, instruct Staff as to how often the
permit could be reissued.
After discussion, the Commission concurred to discuss this issue further at the
January 9, 1995 Work Session, with Staff to contact surrounding communities to see how they
handle matters of this type, and provide comments/recommendations.
Commissioner Howell moved to extend the Trailer Parking Permit, to park a
recreational vehicle at 802 South Palmetto Avenue, until January 10, 1995. Seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner M¢Clanahan Aye
Commissioner Howell Aye
Henry Sweet appeared and reported that he has observed piles of trash throughout
the City, and has become dismayed with the trash situation,
restriction of trash pick-ups (four per year) be eliminated,
Commission took same under advisement.
There being no further business, the meeting was adjourned.
and recommended that the
Attest:
erk 6/ ff
if cost feasible. The