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