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012296 ws/rm min.FA0~3.'54 MINUTES City Commission, Sanford, Florida Work Session January 22 67 1996 The City Commission of the City of Sanford, Florida, met in Work Session on Monday, January 22, 1996 at 4:30 o'clock P.M. in the City Manager's Conference Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Presentation of the FY 94/95 Audit. Cindy Hunter, CPA in-charge, Coopers & Lybrand, distributed a Summary of the FY 94/95 Audit, and James Lane, Partner, Coopers & Lybrand, gave an overview of the Report, including the Transmittal Letter, and the Report on Financial Statements, which makes reference to the fact that we relied on data, as contained in the financial statements, received from the Airport's auditor. Further, our opinion includes the City's combined financial statements as well as each individual fund. Statistical Section - Compliance Section. The Financial Statement contains an explanatory paragraph regarding new accounting standards and potential environmental problems; we are not sure of the impact, if any, they will have on the City. There is no indication of improprieties with respect to the Report on Internal Control Structure, the Report on Compliance with Laws and Regulations, and the Report on Supplementary Information - Schedules of Federal and State Financial Assistance. Mr. Lane reviewed comments in the Management Letter regarding: 1) the State Revolving Fund Loan Agreement, 2) findings on fixed asset accounting, and 3) and security relative the City's computer system. None of these comments are of significance, and the City has responded to said comments. General Fund Highlights - Actual revenues were higher than the budgeted amount by $780,000.00; and expenditures were less than budgeted amount by about $450,000.00; combined these show a favorable excess of revenues over expenditures. The General Fund Balance is 4.5 million dollars; of which 1.2 million dollars is reserved. Enterprise Funds -Water and Sewer, Solid Waste and Stormwater are operating in the black, and do not appear to have any financial difficulties; noting, that the Water and Sewer Fund received a 1.5 million dollar payment from the bonding company of a contractor who failed to perform contracted services. Other areas of interest: Adoption of new accounting pronouncements regarding pensions, risk management, and the self insurance fund. The City plans to have an actuarial study done this year, which we encourage. The City's overall Investment Portfolio is conservatively invested. Art Lane Landfill closure and postclosure costs are estimated at $350,000.00; and the Manufactured Gas Plant suit has been dropped, and is now in the hands of the Department of Environmental Protection. Request from William G. Ferrara, Manager~ Northlake Village Condominium Community for waiver of late paI~ment fee in amount of $494.12. After discussion and on recommendation of the City Manager, the consensus of the Commission was not to waive said late payment fee. This item was referred to tonight's Regular Meeting for action. 6¸8 Ed05354 MINUTES City Commission, Sanford, Florida g/qtk Sess~0n January 22 19. 96 Regulation of Billboards in the Sanford Urban Planning Area. Mayor Smith congratulated Jay Marder, Director of Planning and Development, for being selected President of the Florida Planning and Zoning Association. The Commission discussed the pros and cons of pursuing regulation of outdoor advertising in the unincorporated enclaves of Sanford to prevent further billboards from being erected, and ways to achieve same. After discussion, the Commission concurred that Staff initiate a formal request to Seminole County for its cooperation in employing the City's standards relative billboards within the entire Sanford Urban Planning Area, as described in memorandum dated December 22, 1995, and to pursue a Joint Work Session with the County to discuss same. Recreational Vehicle Parking Regulations. The City Manager reported that there is nothing new to present regarding this issue, and requested guidance from the Commission. (Commissioner Thomas briefly left the meeting, then returned.) The Commission reviewed and discussed the proposed revisions to Section 18-20 of the City Code, to allow grandfathering of parking of recreational vehicles in residential front yards under certain conditions. Mayor Smith, Commissioners Thomas and Howell were in favor of leaving Section 18-20 as is; strict prohibition of parking recreational vehicles in residential front yards. Commissioner Eckstein preferred the relaxed version, with restrictions. (Commissioner Howell briefly left the meeting, then returned.) Commissioner Lyons was opposed to the relaxed version, and preferred Orlando's Ordinance with restrictions such as size and height. The consensus'of the Commission was to take no action to change/amend the existing regulations, and to send a letter to the Code Enforcement Board to proceed accordingly. Nuisance Abatement Board. City Manager Simmons reported that Florida Statutes allow for the creation of a Nuisance Abatement Board, that said board has the authority to cite certain types of nuisances such as prostitution and drugs, however, one or two convictions and/or six (6) to seven (7) reported incidents must have been filed with the Police Department within a six (6) month period. The City Manager requested an additional couple of weeks to discuss the possibility of stretching/expanding an existing ordinance dealing with stolen property with the City Attorney. The Commission concurred to further d~scuss this issue at the next Work Session. Board Appointments. The Commission discussed board appointments/re-appointments for the Historic Preservation Board, including the appointment of Sue Olinger, and the Waterfront Master Plan Steering Committee. MINUTES E405354 City Commission, Sanford, Florida Work Session January 22 19 96 Regular Agenda Items and other items. A. Special Work Session January 29, 1996 at 4:00 P.M. The City Clerk confirmed that each member of the commission received their Agenda for the Special Work Session, for review of proposed Charter revisions as recommended by the Charter Advisory Committee. B. Request for 60 day extension re: Condemnation Report %94-08, 1608 West 13th Streett Mary Smitht owner. The City Manager reported that at the last meeting, the City Commission denied Ms. Smith a ninety (90) day extension, that the Building Official subsequently inspected the property and found there to be good progress, and recommended approval of a final sixty (60) day extension to complete the repairs. The Commission asked the City Manager to find out when the time extension is up for this property, and advise at tonight's Regular Meeting. C. Request from Seminole County for the City to provide the ACI Property(Holiday Inn) with retail water and wholesale/retail sewer like the Seminole Towne Center Mall. On recommendation of the City Manager, the Commission concurred that Staff proceed with preparation of an interlocal agreement with Seminole_County, to provide for retail water and wholesale/retail sewer, with the understanding t~at the City will reimburse the County $237.00 per acre for the additional twenty-seven (27) acres. D. Use of the City Commission Room and Conference Room re: Traffic Citation Hearing Officer Program. On recommendation of the City Manager, the Commission concurred to authorize continued use of these facilities for the remainder of 1996, as previously approved in 1995. E. Request for demolition of Log Cabin. The City Manager reported that the BFW no longer occupies this building, and has returned the keys accordingly. Further, after inspection of the building, he and the Building Official have determined that the structure should not be used for human occupancy, and recommended that Staff be authorized to proceed with demolition of said structure which is not in the Historic District. F. Joint Police/Fire Complex. The City Manager reported that the Police and Fire Chiefs have requested that we move forward with a joint police/fire complex, that a detailed space study, land evaluation, preliminary cost analysis and identification of a funding source are necessary, and recommended that Staff be authorized to prepare a Request for Proposal to hire a consultant to prepare a scope of services and cost estimate, with funding for said consultant services to come from the Engineering and Planning Department's Budget. The Commission authorized Staff to proceed as recommended by the City Manager. G. Request from Sergeant Darryl Presley, Chairman, FOP Contract Bargaining Committee, Fraternal Order of Police Sanford Lodge No. 140, to address the City Commission relative collective bargaining issues. Commissioner Howell requested verification, in writing, that it would be considered unfair labor practice for Sergeant Presley to address the Commission with dialogue back and forth, and that the City Commission can sit as a Special Master. Sergeant Presley reported that he received notification from the City Clerk that his request is being reviewed, that he is not prepared to address the Commission this evening, but would like to do so at the appropriate time. 7O E405354 MINUTES City Commission, San~rd, ~ofida WOrk Session After discussion, and on request of Commissioner Howell, the Commission concurred that Staff pursue a written reply from the City's labor attorney, as to whether or not Sergeant Presley can address the City Commission considering impasse has been declared and agreed to, and if the Commission can sit as a Special Master. H. Demolition of Building %3 at the Sanford Airport. The City Manager reported that he has been working with Steve Cook, Director of Aviation, toward an action plan to demolish this building, that he will approach Commissioner McLain to see if the County would be interested in assisting in this endeavor, and report back to the Commission with a plan and cost estimates for City Commission approval. I. Ordinance No. 3288e re: waiving the "sewer flow" charge for those residences within seventy (75) feet of an active sewer line,~but are not connected. The City Manager reported that this ordinance is available for first reading at tonight's Regular Meeting. There being no further business, the meeting was adjourned. Attest: ~, January 2219 96 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 71 3anuary 22 1996 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, January 22, 1996, 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 Lon K. Howell Commissioner Kerry D. Lyons City AttOrney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting, to order. Public hearinq to consider rezoning the property between East Commercial Street and East First Street and between North Palmetto Avenue and North Sanford Avenue from SC-3, Special Commercial~ to PD, Planned Development; tabled at January 8~ 1996 Regular Meeting. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning.~ Bruce Andersen, Andersen and Associates, 3685 Midiron Drive, Winter Park, appeared, submitted three diagrams marked "Exhibit I", "Exhibit II" and "Exhibit III", depicting what the project would like with Staff's recommendations, Planning and Zoning Commissison's recommendations, and a final rendering of the project if built under current zoning conditions, and stated that he was prepared to make a presentation if the City Commission desired.. Recommendation submitted from the Director of Planning and Development, and the Planning and Zoning Commission to approve the requested rezoning based on similarity with existing permitted uses, with stipulations and conditions as described in memorandum dated January 22, 1996, from the Land Development Coordinator. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to rezone the property as advertised, with stipulations and conditions A through F, as described in memorandum dated January 22, 1996, from the Land Development Coordinator. vote of the Commission as follows: Seconded by Commissioner Howell and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Lemuel DeBose to aDpear before the Co~i~i, ission to discuss Land Development Regulations Schedule K, Section 4.10 - Lighting. Lemuel DeBose, 1108 Cypress Avenue, appeared and reported that he has a problem with his neighbor's flood lights shining into his windows, and submitted photographs regarding same. Further, individuals at City Hall said that he would have to take this matter to court, that the City's Land Development Regulations only address businesses; not private homes, and that if this was a rental property, which falls under a business, the City could regulate. Further, the Land Development Regulations state that lights can only shine on the premises; not in the roadway, and why do businesses have to turn off intense lights, and not homes? The City Attorney reported that he is not aware of any City regulations that have been violated that could be enforced through Code Enforcement. Further, if the City chose to regulate this issue now, it would be arguable that the existing property would be 7"2 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting January 22 19.96 The City Manager reported that the question is whether Section 4.0A clearly relates to only non-residential applications, that if this gentlemen is having a problem it could potentially become a problem for someone else, and, therefore, it would be appropriate to approach this situation from a traffic safety standpoint. On recommendation of the City Manager, the Commission concurred that the Police Department determine whether or not there is a traffic safety issue involved, and ask the neighbor to reposition the lights so as not to shine on Mr. DeBose's property. Request from Central Florida ChaDterPVA for street closure in con~unction with Special Event "10th Annual PVA Bass Tournament". On recommendation of the City Manager, Commissioner Howell moved to approve the closure of Sanford Avenue from the alley in front of the Civic Center to the corner of East Seminole Boulevard on Saturday April 27 and 28, 1996, from 5:00 A.M. to 8:00 A.M and from 2:30 P.M. to 4:00 P.M. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye First reading of Ordinance No. 3286. On motion of Commissioner Thomas, seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3286, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF FIRST STREET BETWEEN NORTH OAK AVENUE AND NORTH PARK AVENUE, A PORTION OF COMMERCIAL STREET BETWEEN NORTH OAK AVENUE AND NORTH PARK AVENUE, AND A PORTION OF A NORTH-SOUTH ALLEY AND A PORTION OF AN EAST-WEST ALLEY LYING BETWEEN WEST FIR STREET AND WEST COMMERCIAL STREET AND BETWEEN NORTH OAK AVENUE AN NORTH PARK AVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3287. On motion of Commissioner Thomas, Commissioner Howell and carried by the vote of the Commission as follows: seconded by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3287, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1535, WHICH ORDINANCE PERTAINS TO THE CITY OF SANFORD LOCAL OPTION FOR THE PUBLIC EMPLOYEES RELATIONS COMMISSIONS (PERC) BY ADDING A PROVISION FOR MODIFICATION OF BARGAINING AGREEMENT DUE TO FINANCIAL URGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Acceptance of Audit. Commissioner Howell moved to accept the Audit as presented at tonight's Work Session. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye E405354 MINUTES ReQula eet nQ Ci~ Commission, San~rd, ~ofi& Information from Planning and Zoning Con~ission Meeting of Thursday, described in memorandum dated January4, 1996, from Land Development Coordinator. required or taken. Board appointments/re-appointments. ,'January 22 Januar~ 4, 1996, as No action Historic Preservation Board: The City Clerk reported that there is one (1) vacancy, for term to expire October~ 28, 1996. Commissioner HoWell moved to appoint Sue Olinger, for term to expire October 28, 1996. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye B. Waterfront Master Plan Steering Committee: The City Clerk reported that there are two vacancies, for terms to expire June 28, 1996, and that one of the vacancies is for the Scenic Improvement Board representative. The Commission took no action, and concurred to consider replacements at the next meeting. Consent Agenda. A. Requests for payment of statements. (1) From MUller, Mintz, Kornreich, et al for professional services from November 30, 1995 thru December 20, 1995 ........ $30.87 (2) From City Attorney for professional services for the month of December, 1995 .................................... $6,486.50 B. Tabulation of Bid %95/96-26, Police Uniforms (Police Department). City Manager recommended acceptance of the lower bid, which met specifications, from R & R Uniforms in amount of $33,999.31. C. Approval of Minutes of November 27, 1995, Regular Meeting; December 11, 1995, Work Session; December 11, 1995, Regular Meeting; December 18, 1995, Regular Meeting; and January 2, 1996, Organizational Meeting. On motion of Commissioner Howell, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye the Commission: ae Be Information regarding invoices paid during the period for previously approved lump contracts. The Commission acknowledged seven (7) invoices totalling $65,087.57. Microphone System in City Con~ission Room. Commissioner Eckstein reported that microphone system is not workin~ adequately, and asked Staff to look into the matter. Bid 95/96-26, Police Uniforms. Approved payment of statements (1) and (2). Accepted lower bid, which met specifications, from R & R Uniforms in amount of $33,999.31. Approved Minutes of November 27, 1995, Regular Meeting; December 11, 1995, work Session; December 11, 1995, Regular Meeting; December 18, 1995, Regular Meeting; and January 2, 1996, Organizational. Meeting. the In response to Commissioner Eckstein's question as to why only one bid was received, the City Manager reported that the City advertised for bids in accordance with the City's purchasing policies, and notified known interested parties, that, perhaps, other vendors were not interested or did not think they could be competitive, and that Staff will make an inquiry. Request from Con, missioner Howell to change the job ~ualifications for the Police Chief to require a four (4) year degree. 73 19 96 E405354 MINUTES City Commission, Sanford, Florida ReQula MeetinQ January 22 ]9 96 The City Attorney reported that he would check into whether such a revision would be accomplished by ordinance or require Civil Service Board action, and report back in two weeks. Commissioner Thomas reported that credentials are important, however, they should not be the main fOcus on which to hire someone; and that work experience is vital. Commissioner Lyons reported that both credentials and experience are equally important, and that he would like to discuss 'this issue as well as who should have the authority to hire and fire the Police and Fire Chiefs at the Special Work Session on Monday, January 29, 1996. Mayor Smith reported that initially the position required a four year degree, and that she was in favor of leaving that requirement in place. The City Attorney reported that if the job requirements are changed; said changes would only affect future employees; not the current holder of the office. The Commission concurred that Staff review and determine the appropriate procedure to change the positions' requirements. Recreation Vehicle Parking Regulations, discussed at tonight's Work Session. Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to amend the City Code, to grandfather the parking of recreational vehicles in front yards under certain circumstances/conditions, as described in memorandum dated December 7, 1995, from the City Clerk. Seconded by Commissioner Eckstein. Said motion failed to carry by a role call vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Nay Request from William G. Ferrara, Manager, Northlake Village Condominium Community for waiver of late payment fee in amount of $494.12, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to deny the requested waiver. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request for time extension re: Condemnation Report 994-08, 1608 West 13thPlace, Mary Smith, owner, as discussed at tonight's Work Session. The City Manager reported that there has been good progress relative this property, and recommended that the Commission approve a final sixty (60) day extension, with the clear understanding that future requests of this kind for other properties Ms. Smith owns will be reviewed critically. Commissioner Howell moved to deny Ms. Smith's request for a sixty (60) day Seconded by Commissioner Lyons Eckstein and carried by the vote of the Commission extension. as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye First reading of Ordinance No. 3288. On motion of Commissioner Lyons, Commissioner Thomas and carried by the vote of the Commission as follows: seconded by E405354 MINUTES City Commission, Sanford,' Florida ReQu].ar MeetinQ January 22 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner-Lyons Aye Ordinance No. 3288, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 28, WATER, SEWER AND SEWAGE DISPOSAL AND RECLAIMED WATER REUSE, BY AMENDING SECTION 28-7(A) AND (C) REGARDING MANDATORY SEWER CONNECTIONS, SECTION 28-9 REGARDING CONNECTION TO SEWER SYSTEM TO BE MADE BY CITY OF A LICENSED CONTRACTOR, SECTION 28-26 OF THE SANFORD CITY CODE, REGARDING APPLICABILITY OF SEWER CHARGES IF THE SEWER IS AVAILABLE WHETHER OR NOT CONNECTION IS MADE; PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. was introduced and placed on first reading. Audience Participation. Alice Cadarette, 610 Palmetto Avenue, appeared and reported that after her neighbor, Mr. Jones, complained to the City about the potential danger of falling limbs from an old oak tree in the City right-of-way; City crews removed only a portion of THE tree, and stated that because of the tree's historical value, complete removal would require a work order. Subsequently, during a severe wind storm, the tree fell causing considerable damage (cost estimates of $650.00 and $850.00) to her roof as well as her neighbor's home, that the City's insurance carrier has rejected her claim twice, and that because the City was previously notified of this problem, she considered the City to be negligent and requested that the City pay for the damages not covered by her insurance company. Also, judges work for the City, and you can't fight City Hall. The City Manager reported that after the first claim was denied; a letter from Mr. Jones, who talked to a City field employee, was subsequently submitted to serve as prior notice, and that the claim was once again denied on the basis of an "Act of God". Further, HE HAD explained to Ms. Cadarette that her only other alternative was to file a claim in small claims court, or to come before the City Commission. Commissioner Howell moved that the City pay Ms. Cadarette's $500.00 deductible. Seconded by Commissioner Lyons. The City Attorney reported that the City's insurance carrier has reviewed the situation and determined that the City is not liable, that neither the City nor its insurance carrier is responsible for "Acts of God", and that the City could pay the deductible, but to do so would set a precedent for all future claims. Further, one alternative would be to file a claim against the City on the basis of negligence, and if found in favor of the plaintiff, the City's insurance carrier would be required to pay. After discussion, Commissioner Howell withdrew his motion to authorize payment of the $500.00 deductible, and Commissioner Lyons withdrew his second. The City Attorney reported that judges are employed by the State of Florida, and are not under the influence of the City. Charlotte Smith, 1004 Grove Manor Drive, appeared and reported that she was concerned after reading two recent newspaper articles, which stated that the Commission wanted citizen input before making a decision about recreation vehicles in front yards, even though citizens are not allowed to present their views at Work Sessions, and are discouraged from speaking at Regular Meetings unless a specific item is on the agenda. Also, there was discussion about putting this issue up to a vote of the citizens; that, as elected officials, it is the Commission's responsibility to study the issue, gather information, obtain input 75 19 96 76 E405354 MINUTES City Commission, Sanford, Florida ReQular eetCLncj 3anuary 22 ]996 through advisory groups, and then make a decision based on said information and input. Mayor Smith reported that the Commission has never discouraged anyone from addressing the Commission, and at the end of each meeting she will ask if there is anyone in the audience who would like to be recognized. (Commissioner Thomas briefly left the meeting, then returned.) Toby Troutman appeared and asked what action the Commission took regarding recreational vehicles in front yards, and stated that she was in favor of the current ordinance which strictly prohibits same, and that to change this regulation would be a step backward. Mayor Smith reported that this item was discussed at tonight's Work Session, but the Commission took no action, and the prohibition stays in effect. Ronnie Nance, 2843 Central Drive, appeared and reported that he has a recreational vehicle parked in his front yard, that he does not have $40.00 a month to pay for storage, and that the vehicle is not covered by insurance while parked in storage. There being no further business, the meeting was adjourned. YOR Attest: