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031196 ws/rm min.96 E405354 MINUTES City Commission, Sanford, Florida Work Session March 11: lg~6 March 11, Sanford, Florida. Present: The City Commission of the City of Sanford, Florida, met in Work Session on Monday, 1996, at 5:00 o'clock P.M. in the City Manager's Conference Room, City Hall, 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. Status Report regarding 611 and 621 Oak Avenue, 615 Park Avenue and other properties owned or controlled by Violetta Williams. The City Manager reported that Staff has just returned from inspecting the properties, and asked that the Commission discuss Items 2, 3, and 4 first, to allow Staff sufficient time to compile/organize their report, and the Commission concurred. Alternatives for public safety complex financing. Director of Finance Carolyn Small reviewed four funding mechanisms, including: Bank Qualified Loan, Revenue Bonds, General Obligation Bonds, and Certificate of Participation (COP), as more specifically described in memorandum dated March 8, i996. On recommendation of the City Manager, the Commission concurred that Staff proceed to develop a contract for consultant services for City Commission review and consideration. Proposed land donations.. The City Manager recommended that the Commission consider obtaining a Step I Environmental Assessment Study of the proposed rights-of-way donations prior to acceptance of same. After discussion, and on recommendation of the City Manager, the Commission concurred that Staff work with Ted Williams, the-owner, to obtain donation of Driftwood Lane and Meadow Street rights-of-way as easements, for City Commission consideration. Also, not to accept the proposed land donation from Phil Logan. Status Report regarding. 611 and 621 Oak Avenue, 615 Park Avenue and other properties owned or controlled by Violetta Williams. Director of Community Development Charles Rowe reported that Staff conducted a performance inspection, that some progress has been made, however, every code violation has not been corrected, and that Ms. Williams will be compelled to appear before the Code Enforcement Board on April 9, 1996, unless all viOlations have been corrected. Mr. Rowe reviewed code violations and licensing information regarding some of the properties, including: 1) 621 Oak Avenue, which he considers to be a rooming house, is licensed for four (4) units, but has seven (7) units. Further, Ms. Williams lives in one (1) unit, the other is used as an office, and, therefore, one (1) unit is not in compliance. Further, gas appliances, water heaters, and stoves were suspect; Ms. Williams has indicated that the gas company checked and cleared these items, for which she will provide a copy of the report upon receipt of same; 2) 615 Park Avenue is licensed for four (4) units; 3) 612 Park Avenue is licensed for four (4) units and has six (6) units (four in one building and two in a second building); 4) 718 West First Street is licensed for three (3) units, and has four (4) units; 5) 210 Laurel Avenue has faulty wiring and windows need to be brought into compliance; 6) 621 Oak Avenue is licensed for four (4) units, and has five (5) units. B40~3~4 MINUTES City Commission, Sanford, Florida Work 11;. 97 Tom Green reported that he is Violetta Williams' attorney, that the Code Enforcement and Building Department did not find violations that would dictate the need to shut these properties down immediately. Fire Inspector Vince Fioretti reported that other violations were found since the last inspection. The 'City Manager reported that the inspection crew did not have complete access at the last inspection. Commissioner Howell stated that these properties need to be shut down and boarded- up, and the tenants put up at the Holiday Inn, at the City's expense if need be, until other accommodations can be made. The City Manager reported that the licensing issue can be resolved, and the conformity of use can be determined; both of which have separate remedies. After discussion, the Commission concurred to hold a Special Work Session on Wednesday, March 13, 1996, at 3:30 o'clock P.M., for further review and discussion, with the for City Attorney to attend said meeting. (The Chairman recessed the meeting meeting.) approximately 10 minutes, then reconvened the Amendment %16 to contract with Conklin, Porter and Holmes regarding Upsala Road Water Main Extension. The City Manager requested authorization to enter into an agreement with Conklin, Porter and Holmes for said Upsa!a Road Water Main Extension as part of the Interlocal Agreement with Seminole County. The Commission had no questions or comments. Proposed procedures/process for short-term conditional use permit. Director of Community Development reported that the City of Altamonte Springs has implemented a special short-term conditional use permit process, that the Cities of Oviedo and Casselberry are considering same, and recommended that the Commission authorize Staff to develop a Special Conditional Use Permit for events that do not exceed three days, excluding the sale of Christmas trees, pumpkins and fireworks, which would not require City Commission approval unless the event involves the sale of alcoholic beverages and/or street closures. After discussion, and on recommendation of the City Manager, the Commission concurred that Staff develop a Special Conditional Use Permit Process with a matrix, for City Commission consideration. Legislative issues. Due to time constraints, the Commission did not discuss this item. Board appointments/re-appointments. The Commission discussed Cemetery Advisory Board appointments and concurred that Howard Jeffries provide suggested nominees. Also, to appoint Mary Dale Jones to the Code Enforcement Board. Regular Agenda Items and other items. A. Resolution No. 1723, re: Lease between Sanford Airport Authority and Hill Dermaceuticalst Inc. Steve Coover, Attorney for Sanford Airport Authority, reported the City Attorney does not feel this resolution would create a risk or liability for the City, and that this resolution is similar to the resolution previously adopted for Central Florida Terminals.. 9'¸8 E4~3~ MINUTES City Commission, Sanford, Florida Work Session March 11, 1996 The Commission referred this item to tonight's Regular Meeting, for City Commission consideration. There being no further business, the meeting was adjourned. Attest: / City Clerk E405354 MINUTES City Commission, Sanford,' Florida 9¸9 Reqular Meetinq March 11. 1996 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, March 11, 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. Presentation of Certificate of Achievement in Financial Reporting. Mayor Smith presented Finance Director Carolyn Small a Certificate of Achievement in Financial Reporting for FY 94/95. Public Hearing to consider second reading and adoption of Ordinance No. 3290, as advertised in the Sanford Herald Februar~ 29, 1996. Ordinance No. 3290, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 2, ARTICLE XIII OF THE CITY OF SANFORD CODE OF ORDINANCES, ENTITLED "NUISANCE ABATEMENT BOARD," PROVIDING FOR THE CREATION OF AN ADMINISTRATIVE BOARD TO HEAR COMPLAINTS OF PUBLIC NUISANCES RELATING TO DRUGS, PROSTITUTION AND YOUTH AND STREET GANG ACTIVITY; PROVIDING MEMBERSHIP, PROVIDING POWERS; PROVIDING FOR LEGAL COUNSEL AND SECRETARY; PROVIDING ENFORCEMENT PROCEDURES AND HEARINGS; PROVIDING VIOLATIONS; PROVIDING NOTICE; PROVIDING PUBLIC HEARING; PROVIDING EVIDENCE; PROVIDING FOR DISPOSITION OF COMPLAINTS AND REMEDIES; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of February 26, 1996, 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. 3290. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3290. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3291, as advertised in the Sanford Herald February 29, 1996. Ordinance No. 3291, 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 AUTHORIZE THE ADDITION OF ONE (1) TEMPORARY "WATER SUPERINTENDENT" POSITION TO THE UTILITIES DEPARTMENT; AND THE ADDITION OF ONE (1) REGULAR AUTHORIZED BUILDING INSPECTOR POSITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading at meeting of February 26, 1996, was next placed on secon~ 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. 3291. No one appeared. 100 E405354 MINUTES City Commission, Sanford, Florida Reqular Meeting March 11, 1996 No. 3291. follows: Commissioner Howell moved to on the second reading and adoption of said Ordinance Seconded by Commissioner Lyons and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Right-Of-Way Use Agreement to install wood-picket fence at 207 East llth Street. On recommendation of the City Manager, Commissioner Howell moved to approve the Right-Of-Way Use Agreement with Rachel Cheek for a wood picket fence in the llth Street right-of-way, set back five feet (5') from the edge of the pavement. by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Seconded by Commissioner Thomas and carried Commissioner Thomas moved to authorize Public Works to board-up the property at 111 Ceda~ Avenue as requested. Seconded by Commissioner Howell 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 from WJMMRadio - 102 Jam for sale and consumption of alcoholic beverages (Beer) in con~unction with "Picnic in the Park" Sunday, May 26, 1996, from 9:00 A.M. to 6:00 P.M. On recommendation of the City Manager, Commissioner Howell moved to approve the sale and consumption of alcoholic beverages (Beer), with hours of sale to be in accordance with City Code Section 3-3 (10:00 A.M. to 6:00 P.M.). the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Sumnaow Lamb aka Dem Dogs for Occupational License for Open-Air Restaurant at the Orlando Sanford Airport on a temporary basis, and a waiver of two-hour movi~ requirement. On recommendation of the City Manager, Commissioner Thomas moved to approve said Occupational License on a temporary basis, and to waive the two-hour moving requirement. Seconded by Commissioner Howell 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 Amendment %16 to contract with Conklin, Porter and Holmes for final design and construction plans for Upsala Road Water Main Extension. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of Amendment #16, to the original contract with Conklin, Porter and Holmes dated December 17, 1987, for final design and construction plans for Upsala Road Water Main Extension in amount of $36,267.00. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Seconded by Commissioner Thomas and carried by Request to board-up property at 111 Cedar Avenue. On recommendation of the City Manager, F.4053.54 MINUTES City Commission, Sanford,' Florida Reqular Me~tinq 101 March 11, 1996 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye First reading of Ordinance No. 3292. 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. 3292, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, cLOSING, VACATING, AND ABANDONING THAT CERTAIN 15 FOOT WIDE NORTH- SOUTH DRAINAGE EASEMENT LYING ON THE WESTERLY PORTION OF THE PROPERTY AT 126 PAMALA COURT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First readin9 of Ordinance No. 3293. On motion of Commissioner Howell, Commissioner Thomas 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. 3293, 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 AUTHORIZE THE REVISION OF THE ESSENTIAL MINIMUM QUALIFICATIONS SEGMENT OF THE "POLICE CHIEF" POSITION DESCRIPTION TO INCLUDE THE REQUIREMENT THAT THE POLICE CHIEF MUST ATTAIN AND MAINTAIN RESIDENCE WITH THE CITY LIMITS OF THE CITY OF SANFORD WITHIN SIX (6) MONTHS FROM THE EFFECTIVE DATE OF APPOINTMENT TO THAT POSITION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. Board appointments/re-appointments. Cemetery Advisory Board: The City Clerk reported that the term of Bernard Mitchell expires March 12, 1996; that the term of Bette Gramkow expires March 27, 1997; and that both have served the maximum number of terms and are not eligible for re-appointment. The Commission took no action. Code Enforcement Board: Commissioner Howell moved to appoint Mary Dale Jones to the Code Enforcement Board. 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 Nuisance Abatement Board: The City Clerk reported that five (5) members need to be appoint to this Board, with initial terms staggered: three (3) members appointed for two (2) year initial terms; and two (2) members appointed for one (1) year initial terms. Commissioner Howell moved to appoint Leigh Skat to the Nuisance Abatement Board. Seconded by Commissioner Thomas. After discussion, Commissioner Howell withdrew his motion; Commissioner Thomas withdrew his second, and the Commission concurred to consider all recommended appointments at the same time. Consent Agenda. A. Tabulation of Bid ~95/96-29, South Sanford Avenue Water Line Extension (Utility Department). The City Manager recommended acceptance of lowest bid, which met specifications, from Bruce McGonigal in amount of $35,255.00, subject to receipt of appropriate insurance, bond certificates and other appropriate documentation. B. Approval of Vouchers for the Month of February, 1996. 102 E4053~4 MINUTES City Commission, Sanford, Florida Regular Meeting March 11, 19 96 C. Approval of Minutes of February 26, 1996, Regular Meeting. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried 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 Accepted lowest bid, which met specifications, from Bruce McGonigal in amount of $35,255.00, subject to receipt of appropriate insurance, bond certificates and other appropriate documentation. B. Approved Vouchers for the Month of February, 1996. C. Approved Minutes of February 26, 1996, Regular Meeting. Information regarding invoices paid during the period for previously aDDroved lump contracts. The Commission acknowledged eight (8) invoices totalling $74,389.63. Condemnations: Status Report/Requests for Time Extensions. Status Report of all current and pending condemnations. or taken. No action required B. Requests for time extensions and final action. (1) Condemnation Report #94-0.2, 818 West 3rd Street The Building Official recommended a 30 day extension. On recommendation of the City. Manager, Commissioner Howell moved to authorize a thirty (30) day extension. 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 (2) Condemnation Report ~94-17, 1305 Myrtle Avenue The Building Official recommended a 180 day extension. Commissioner Lyons moved to authorize a thirty (30) day extension. Seconded by Commissioner Howell 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 (3) Request for final action re: Condemnation Report 994-18, 1307 Myrtl< Avenue. The Building Official recommended performing another title search and then sending a 30 day final notice to the new owner. On recommendation of the City Manager, Commissioner Lyons moved to authorize Staff to perform another title search, and to send a thirty (30) day final notice to the owner. Seconded by Commissioner Howell 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 Nuisance Abatement Board. On recommendation of Commissioner Eckstein, the Commissior concurred that Nuisance Abatement Board members attend a training session. Personnel Issue. Commissioner Thomas reported that he is greatly disturbed by a situation involvinc City Employee Joyce Riggins, that according to a recent newspaper article she has become the victim, that Personnel Director Tim McCauley appears to have retaliated against Ms. Riggins, that it is not fair that she is being harassed by Mr. McCauley, that he does not like the way this matter has been handled, and asked how his fellow Commissioners feel. F.405354 MINUTES City Commission, Sanford, Florida Reqular Meetinq 103 March 11 1~6 Co~missioner Howell asked why Staff chose to have an attorney review the City Employee reprimand when in fact this type of hearing is normally handled by a Department Head. City Manager Simmons reported that this action came to him on Joyce Riggins' request for a hearing as a result of disciplinary action. Further, the City Department Head who normally conducts these hearings is the accuser, that he wanted to avoid any apparent connection of any Department Head who might be involved in the reported resurgence of gaming in City Hall, that he did not feel it would be appropriate to sit as the hearing officer, and, therefore, looked to the City Attorney, which he believed to be appropriate to insure due process was afforded, and that he considered this to be the best course of action to take. Further, he would prefer to meet with Commissioner Thomas to review Ms. Riggins' personnel file. Adoption of Resolution No. 1723, as discussed at tonight's Work Session. Commissioner Lyons moved to adopt Resolution No. 1723, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, PROVIDING A COMMITMENT BY THE CITY NOT TO IMPAIR THE RIGHTS OF TENANTS UNDER THAT CERTAIN LEASE NO. 95-43 BETWEEN THE SANFORDAIRPORT AUTHORITY, AND HILL DERMACEUTICALS, INC. Seconded Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner ThomaS Aye Commissioner Howell Nay Commissioner Lyons Aye Solid Waste Division Operation. On request of Commissioner Lyons, the Commission concurred that Rick Walke give a presentation on the Solid Waste Division operation at the March 25, 1996, Work Session. 1712 Award of City Hall HVAC System Upgrade Contract. On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to pUrchase the contractor's major pieces of equipment instead of the contractor, thereby saving the City approximately $25,000.00 in sales tax, and to amend the City's Procurement Regulations/Procedures accordingly. 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 Geographic Information System ("GIS") Interlocal Agreement with Seminole County. On request of the City Manager, Commissioner Eckstein moved to authorize Mayor Smith to execute said GIS Interlocat Agreement. 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 Alcoholic Beverage Sales/ConsumDtion in the Orlando Sanford Airport Terminal Building. On recommendation of the City Manager, Commissioner Howell moved to authorize the applicant to apply to the Planning and Zoning Commission for a Conditional Use Permit for sale of alcoholic beverages for consumption on the premises (BWL-COP) in the Airport Terminal. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 104 E405354 MINUTES City Commission, Sanford, Florida Re§ular Mee tin§ March 11, 19 96 Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Audience Participation. Aye Aye Aye Aye Aye Lisa Nason appeared and requested an update of the first item discussed at tonight's Work Session: Complaints regarding 611 and 621 Oak Avenue, 615 Park Avenue and other properties owned or controlled by Violetta Williams, and stated that she is disappointed about the short period of time in which to participate in a public meeting. Mayor Smith reported that the Special Work Session is for City Commission discussion only; not for public input. After discussion, the Commission concurred to have an Emergency Special Meeting on March 13, 1996, at 3:30 P.M., to hear reports regarding properties owned or controlled by Violetta Williams, including violations and corrections thereto, licensing, and non- conforming uses, at which time the Commission may take action as deemed appropriate. There being no further business, the meeting was adjourned. 'M ~ O'R Attest ~ City Clerk