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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