062496 ws/rm min. MINUTES
City Commission, Sanford,'Florida
Work Session June 24
1_61
The City Commission of the City of Sanford, Florida met in Work Session on Monday,
June 24, 1996, at 4:00 o'clock P.M. in the City Manager's Conference Room, City Hall, 300
North Park Avenue, Sanford, Florida.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner Kerry D. Lyons
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: Commissioner Lon K. Howell
City Attorney William L. Colbert
The Chairman called the meeting to order.
Seminole County Courthouse.
A. CRA/SunTrust Courthouse Expansion Study.
Tony Bower, Facilities Director, SunTrust Bank, reported that SunTrust Bank funded
the Courthouse Expansion Study to demonstrate that this venture is a true private/public
partnership.
Bruce Andersen, Andersen & Associates, reviewed the seven (7) court house building
alternatives/options, as outlined in Downtown Sanford/Courthouse Revitalization Study dated
June 12, 1996, and prepared by Andersen & Associates, as follows: A) Existing courthouse plus
split four (4) level parking garage using City parking lot; B) New courthouse plus City
parking lot; Cl) Existing courthouse and remote traffic courts; C2) Existing courthouse and
remote court houses; D) Expand existing court house to the west instead of the east, with
grade parking, which would leave Park Avenue open, and preserve the City parking lot for
private development; E) Similar to Alternative D in that it expands the court house to the
west, except it requires some structured parking; F) New court house with grade parking using
City parking lot (the geometry of the area is not conducive); G) Keep existing court house,
and buy or lease additional space downtown (not enough space downtown to accommodate
continuing growth without vacating a good portion of the buildings downtown). Further,
Alternative D seems to be the preferred alternative/option. Also, Alternatives D and E's
rough cost estimate differences include/allow for acquisition of developed parcels on
Commercial Street.
Julio Maggi, Lincoln Properties, Inc., reported that Lincoln Properties is a
real estate developer whose business is to transform opportunities and visions into reality,
and that some successful projects include the Orlando City Hall and Church Street Market.
Further, our purpose is to provide structure to the study in terms of costs, schedule, and
logistics on how to get the project done. Further, the study contains a comparative analysis
of Schemes A, B, D, and E; Scheme D appearing to be the most cost effective of the four
because it requires the least amount of land acquisition. Also, Scheme E's total cost
estimate includes land acquisition, land development, building, interior renovations and
furnishings, fixtures, equipment and security system.
B. Draft Interlocal~Agreement with Seminole County regarding City participation
in the Court House expansion/location.
The City Manager reported that it would not be unreasonable for the City to
underwrite a portion of the court house parking requirement, and recommended that the
Commission consider the Interlocal Agreement regarding same. Also, the Seminole County Board
of County Commissioners is expected to consider this Agreement on July 9, 1996.
162
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City Commission, Sanford, Florida
Work Session June 24 1996
The City Commission reviewed and discussed the draft Agreement, including Section
3.I., economic incentive program; Section 4{b), City contribution of 50% of the costs, up to
a maximum of $500,000.00, associated with public owned parking.
In response to Commissioner Eckstein's concern about ensuring future cooperation
between the City and the County, Cindy Coto, Deputy CoUnty Manager, Seminole County, stated
that the spirit of the agreement is that this is a cooperative effort between both entities,
and that she believes the agreement contains a provision whereby the court house footprint,
once determined, will come back to the City Commission for review.
After discussion concluded, the Commission was in general support of the concept
of the Interlocal Agreement, as presented.
Chamber of Con~merce funds request.
Bobby Von Herbulis, President, Sanford Chamber of Commerce, reported that the
$9,975.00 funded in the past is included in the requested contribution of approximately
$62,000.00, that said contribution would help fund the Chamber's operational budget,
including hiring additional personnel, to better help the Chamber operate efficiently and
effectively. Also, funding in amount of $7,000.00 for the Airport booth is a separate item.
After discussion, the Commission conCurred to further discuss the Chamber's request
for additional funding at the July 8, 1996, Budget Work Session.
Amendment to Police Services Agreement with the Sanford Airport Authority. The City Manager
recommended approval of the Amendment to said Police Services Agreement, to provide four (4)
certified police officers to perform required services/functions within the Orlando-Sanford
Regional Airport area.
Agreement with Private Industry Council for the Summer Youth Emplo~ment Training Program. The
Commission concurred to continue support of this program as in years past, as recommended by
the City Manager.
September 3, 1996 Charter Referendum.
After discussion, the Commission concurred that the Police Chief and Fire Chief
should be hired by, and report to the City Manager, effective as soon as possible. Also,
that the City election date be changed from December to March, effective March 1, 1997.
City Hall telephone system u~grade and funding source.
City Manager Simmons reported that after further review of funding alternatives
(general fund reserves/lease purchase), we have determined that present operating dollars are
available to fund the upgrade, that the proposed discount of $6,252.13 will sunset on June
30, 1996, and recommended that Staff be authorized to proceed with the upgrade of City Hall's
telephone system, as described in memorandum dated June 17, 1996.
Afterdiscussion, the consensus of the Commission was to authorize Staff to proceed
as recommended by the City Manager.
Code Enforcement Items.
A. Discontinuation of Non-Conforming Use at 814 Elm Avenue.
Director of Community Development Charles Rowe recommended that, based upo~
occupational licensing information as contained in memorandum dated June 10, 1996, this
property be re-classified as being dormant for six (6) months, and revert back to single-
family status. Also, John LeRoy has recently submitted rent receipts payable to Joh~
Baumgardner.
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City Commission, Sanford, Florida
163
;' ork Session June 24 1996
The City Manager reported that Staff has been unable to reach Mr. Baumgardner, and
that Florida Power and Light customer account information is only available through subpoena.
On recommendation of the City Manager, the Commission concurred that Staff complete
and submit an Application for Discontinuation of a Non-Conforming Use for the property
located at 814 Elm Avenue, and schedule a public hearing to consider same.
B.- Code Enforcement Report.
The Director of Community Development distributed said report and reported that
approximately 4,000 cases are currently in the code enforcement process, and that nearly 100%
of those cases are complaint based. Further, since inception of the citation program, 706
warnings have been issued, of which 620 were cod~ enforcement generated, and 33 tickets
issued. Further, the vast majority of these 4,000 cases were resolved at the first level.
Also, the budget impact of code enforcement is $117,342.00, which amounts to about 1 1/4
hours per case at a cost of approximately $29.00 per case.
After discussion, the Commission concurred to further discuss code enforcement at
the July 22, 1994, Work Session.
Department Heads in the Civil Service System. In light of the fact that this item was at the
request of Commissioner Howell, the Commission concurred not to discuss same in Commissioner
Howell's absence, and deferred said item to the July 8, 1996, Work Session.
Board appointments/re-appointments. After discussion, the Commission concurred not to
consider reducing the number of Sanford Airport Authority Members at this time.
(The Commission took approximately a 10 minute recess, then reconvened the meeting.)
Regular Agenda items and other items. No discussion.
City Manager's Report.
A. Agenda Item#18.A. - Annexation (Water Service), WilliamA. Gogel, petitioner.
The City Manager reported receipt of a letter in opposition to the requested
annexation (water service) asking that this item be continued for two (2) weeks, and that he
is in ~agreement .with the requested continuance, to allow Staff to obtain additional
information.
B. Agenda Item #16 - Appeal of Woodson Avenue Lot Mowing Citation, Edwar~
Dedeloww Trusteew owner. The City Manager reported that the applicant has requested a two
week continuance, and the Commission concurred.
C. RoseHill Subdivision. The City Manager reported that the City Attorney is
reviewing this matter, and will proVide comments/recommendations.
D. Agenda Item #27 - Fina Station. The City Manager reported that the City
Attorney will report on this item at tonight's Regular Meeting.
E. 1900 Magnolia Avenue - Code Enforcement. The City Manager reported that Code
Enforcement is continuing to work this case, and that according to recent information, it
appears that rooms are being rented at this location.
F. Agenda Item#26 - Request to board up 2606 Marshall Avenue. On recommendation
of the City Manager, the Commission referred this item to tonight's Regular Meeting for City
Commission consideration.
G. Agenda Item #19 - Request from John Davis to o~erate the Palace Dance Hall at
119 South Magnolia Avenue on Friday nights from 12:00 A.M. to 9:00 A.M. The City Manager
reported that he has discussed his concerns about an all night activity with the City
Attorney, who will provide comments/recommendations at tonight's Regular Meeting.
164
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City Commission, Sanford, Florida Work SessA0n
June 24
19 96
H. Agenda Item 931 - Request from Sanford Advertising Co-oD for free use of the
Civic Center on August 17t 1996. The City Manager reported that this event does not qualify
for free use of the Civic Center under any criteria, and is questionable whether or not it
qualifies for the reduced rate. This item was referred to tonight's Regular Meeting for City
Commission consideration.
There being no further business, the meeting was adjourned.
M~/~ O ~'
Attest:
F City Clerk
E405354
MINUTES
City Commission, Sanford,' Florida
Regular Meeting
165
,lune 1996
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, June 24, 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 Kerry D. Lyons
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: Commissioner Lon K. Howell
The Chairman called the meeting to order.
Public Hearing to consider second reading and adoption of Ordinance No. 3298, as advertised
in the Sanford Herald June 13, 1996.
Ordinance No. 3298, entitled:
~N' ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CHANGING THE NAME OF THAT PORTION OF PERSIMMON
AVENUE BETWEEN 16TH STREET AND 19TH STREET TO
"MERTHIE DRIVE"; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 10, 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. 3298. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3298. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3299, as advertised
in the Sanford Herald June 13, 1996.
Ordinance No. 3299, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING SECTION 18-20 (a) (5) OF THE CITY CODE OF
THE CITY OF SANFORD, PERTAINING TO PARKING, STORAGE
AND USE OF MAJOR RECREATIONAL EQUIPMENT, TO LIMIT
THE APPLICATION OF SUBSECTION (5), REGARDING
PARKING AND STORING OF AUTOMOTIVE VEHICLES OR
TRAILERS, TO APPLY TO ONLY MAJOR RECREATIONAL
EQUIPMENT OR TRAILERS; AND AMENDING SECTION 11-30
OF THE CITY CODE OF THE CITY OF SANFORD, REGARDING
THE KEEPING OF JUNK CARS, PARTS OR DEBRIS, BY THE
ADDITION OF SUBSECTION (d) WHICH PROVIDES AN
EXCEPTION TO THE PROHIBITION ON JUNK CARS;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
introduced and placed on first reading at meeting of June 10, 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. 3299. No one appeared.
Commissioner Lyons moved on the second reading and adoption of said Ordinance No.
3299. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner Lyons Aye
166
E405354
MINUTES
City Commission, Sanford, Florida
ReQula[ eetinQ
3une 24
Hearings to consider Appeal of denial by the Historic Preservation Board re: 621 Oak Avenue
and 615 Park Avenue.
City Attorney William Colbert referenced Land Development Regulations Section 3.8
which limits City Commission review of an appeal from a lower board to consideration of only
those documents and records which the lower board considered when making its decision. After
hearing testimony, the City Commission can uphold the Historic Preservation Board's decision
by denying the appeal; overturn or modify the decision of the Historic Preservation Board;
or, if the Commission feels the Board did not have sufficient evidence, remand the request
back to the Historic Preservation Board for further hearing with direction as to what
evidence should be considered.
Thomas C. Greene, Esquire, agent for Violetta Williams, property owner of both 621
Oak Avenue and 615 Park Avenue, appeared and reported that his client's appeal consists of
two issues: 1) to determine the difference between repair and restoration or replacement;
and 2) consideration of cost. In addressing the first issue, Mr. Greene noted that Section
4 of the HistoriC Preservation Code doesn't reference repair, and explained that as only two
to three percent of the siding on both properties is in need of repair, the Historic
Preservation Board had no need to act on this issue and should not require the work they
decreed. Regarding the second issue, he explained that the applicant testified at the
Historic Preservation Board hearing that the' cost was prohibitive, but was told that the
Board was not concerned about cost. Mr. Greene stated that the City Commission must be
concerned about cost or property owners, who can't afford to do what the Historic
Preservation Board wants, will incur fines and eventually will lose their property to the
City.
He then referenced pictures taken of both properties, 621 Oak Avenue and 615 Park
Avenue, and stated that the first property, 621 Oak Avenue is basically a garage apartment
which needs approximately 2 feet of replacement Ti-ll siding on 2 sides of the building, but
is otherwise fine; that the second property, 615 Park Avenue, is an enormous structure
requiring only two to three percent of the overall siding to be replaced; that the Ti-ll
siding on both properties was approved by the City and applied in the early 1980's; and
reiterated that it is only reasonable to say that the work requested is a repair.
Mr. Greene further stated that although the Historic Preservation Board wants the
TI-ll siding removed from 615 Park Avenue, followed by a report to the Historic Preservation
Board regarding the condition underneath, he fears that once removed, the Ti-11 siding will
not be allowed back on. He mentioned an additional concern regarding the need for increased
rents to pay for such improvements and questioned whether an increase to tenants can be
justified in such a situation.
Mr. Greene requested that the City Commission rule that the work requested to be
done is repair work and allow the applicant to make the repairs, or send the request back to
the Historic Preservation Board so they can be shown the extreme difference between repair
and replacement costs.
Commissioner Thomas stated that he agrees with Mr. Greene that the work requested
to be done should be considered repair.
Commissioner Eckstein stated that he concurs with Commissioner Thomas and Mr.
Greene that this is repair work and that the Historic Preservation Board's denial in this
1996
. IlI,i~$ Itl Ilill]lil:ll~l.~i~llil . Jllllll[I
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR
CERTIFICATE OF APPROPRIATENESS TO REPLACE EIGHT (8) PIECES OF Ti-ll
SIDING WITH MATCHING MATERIAL, AND REPLACE ELEVEN (11) PIECES OF
CORNER BOARDS WITH MATCHING MATERIAL RE 615 PARK AVENUE, SANFORD,
FLORIDA.
The City Commission based on the clear and convincing evidence contained
in the record before the Historic Preservation Board (HPB) on May 9, 1996, makes
the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following
ORDER:
FINDINGS OF FACT
(1) That the property located at 615 Park Avenue, Sanford, Florida, is located
in the Old Sanford Historic Residential District.
(2) That property located in the Old Sanford Historic Residential District is
subject to the regulations contained in Schedule S of the Land Development
Regulations, in addition to other regulations.
(3) That said Schedule S provides "...that no exterior portion of any building
or other structure (including walls, fences, light fixtures, steps and pavement,
or other appurtenant features) ... shall be erected, altered, restored, moved,
or demolished within such district until after an application for a certificate
of appropriateness as to the proposed changes to exterior features has been
submitted to and approved by the Board."
(4) That on May 9, 1996 the HPB denied the Application for Certificate of
Appropriateness, and, instead, asked to see test areas under the Ti-ll siding to
determine if there is siding underneath and if it appears to be in reasonable
condition; if it was found to be in reasonable condition, the HPB wanted the T1-
11 siding removed from the entire structure.
(5) That the replacement of eight (8) pieces of TI-ll siding with matching
material and replacement of eleven (11) pieces of corner boards with matching
material constitutes routine maintenance and repairs and not erection,
alteration, restoration, moving, or demolition.
CONCLUSIONS OF LAW
(1) This commission finds that said routine maintenance and repairs are
permitted on this structure in the Old Sanford Residential Historic District.
ORDER
THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to replace
eight (8) pieces of Ti-ll siding with matching material and replace eleven (11)
pieces of corner boards with matching material is approved and the decision of
the HPB of May 9, 1996 is reversed.
DONE AND ORDERED this 24th day of June, 1996.
''MaY0~Bettye D. Smith
Attest:
City Clerk U
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by
U.S. Mail to Thomas C. Greene, Esquire, 613 East First Street, P. O. Box 695,
Sanford, Florida 32772-0695, this ~ day of July, 1996.
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION
BOARD FOR CERTIFICATE OF APPROPRIATENESS TO REPLACE THE
BOTTOM OF SEVERAL PIECES OF Ti-ll SIDING WITH MATCHING
MATERIAL RE 621 OAK AVENUE,.SANFORD, FLORIDA.
The City Commission based on the clear and convincing evidence
contained in the record before the Historic Preservation Board
(HPB) on May 9, 1996, makes the following FINDINGS OF FACT,
CONCLUSIONS OF LAW, and enters the following ORDER:
FINDINGS OF FACT
(1) That the property located at 621 Oak Avenue, Sanford, Florida,
is located in the Old Sanford Historic Residential District.
(2) That property located in the Old Sanford Historic Residential
District is subject to the regulations contained in Schedule S of
the Land Development Regulations, in addition to other regulations.
(3) That said Schedule S provides "...that no exterior portion of
any building or other structure (including walls, fences, light
fixtures, steps and pavement, or other appurtenant features) ...
shall be erected, altered, restored, moved, or demolished within
such district until after an application for a certificate of
appropriateness as to the proposed changes to exterior features has
been submitted to and approved by the Board."
(4) That on May 9, 1996 the HPB denied the Application for
Certificate of Appropriateness, and, instead, required that all T1-
11 siding on the building be replaced with lap siding.
(5) That the replacement of the bottom of several pieces of Ti-ll
siding with matching material constitutes routine maintenance and
Ilil~l~l IJ,J!lilllll,JilJll ,iJ!lJJllllJ
repairs and not erection, alteration, restoration, moving, or
demolition.
CONCLUSIONS OF LAW
(1) This commission finds that said routine maintenance and
repairs are permitted on this structure in the Old Sanford
Residential Historic District.
ORDER
THEREFORE, IT IS ORDERED that the Appellant/Applicant's
request to replace the bottom of several pieces of TI-ll siding
with matching material is approved and the decision of the HPB of
May 9, 1996 is reversed.
DONE AND ORDERED this 24th day of June, 1996.
Attest:
City Clerk/ U
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S. Mail to Thomas C. Greene, Esquire, 613 East First
Street, P. O. Box 695, Sanford, Florida 32772-0695, this ~ff/
day of July, 1996.
~40~3~4
ili~llll t lll[lil l] Il[
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Reoular Meeting
June 24
167
City Commission, San~rd,'~ofida
case would create an undue hardship on the property owner and economically discriminate
against tenants unable to afford resulting higher rents.
Commissioner Thomas moved to reverse the decision of the Historic Preservation
Board on both properties based on testimony that indicates the percentage of repair involved
is routine maintenance. Seconded by Commissioner EckStein and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Hearing 'to consider an Appeal of a denial by the Historic Preservation Board re: 606 Park
Avenue. Commissioner Thomas moved to table this item to the Regular meeting of July 8, 1996
to make certain the applicant, Jack V. Travis, has been notified. Seconded by Commissioner
Lyons and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of Appeal of Lot Mowing Citation for property on Woodson Avenue. This item was
continued to the Regular Meeting of July 8, 1996, at the applicant's request.
Consideration of street closures and sale of alcoholic beverages in conjunction with a
Special Event. On recommendation of the City Manager, Commissioner Thomas moved to approve
the closing of First Street between Oak Avenue to past the Chamber's First Street driveway,
Sanford Avenue between Commercial Street and Second Street, Palmetto Avenue between
Commercial Street and Second Street, and Park Avenue between Commercial Street and Second
Street from 7:00 A. M. tO 7:00 P. M. on November 9 and 10, 1996; and the sale/consumption of
beer in Ft. Mellon Park and the above downtown streets frOm 7:00 A. M. to 7:00 P. Mo November
9 and from 10:00 A. M. to 7:00 P. M. on November 10, 1996, in conjunction with the Arts,
Crafts and Antiques Festival. Seconded by Commissioner Eckstein and carried by the vote of
the Commission as.follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of Petition for Annexation (for Water Service) for a portion of the property
lying between Narcissus Avenue and State Road 46 and between Airport Boulevard extended
northerly and Riverview Avenue. At the request of the City Manager, this item was tabled to
the Regular Meeting of July 8, 1996 for further information.
Consideration of Petition for Annexation (for Water Service) for a portion of the property
lying between East 28th Street and East 29th Street and between Park Avenue and Magnolia
19. 96
Avenue (2805 Park Avenue). On recommendation of the City Manager, Commissioner Thomas moved
to approve water service with the understanding that no city sewer is available; with
applicant to pay all fees; and to record the Annexation Petition. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of request for a Dance Hall at 119 South Magnolia Avenue.
Police Chief Russell reported that historically there are many problems associated
168
E405354
MINUTES
City Commission, Sanford, Florida Reoular l eetino 3une
with these types of establishments; that despite the presence of inside security and not
serving alcoholic beverages, the use of narcotics and consumption of alcoholic beverages
outside the establishment will not be eliminated; that the resulting increased debris will
impact downtown businesses; and that the proposed hours of operation, 12:00 midnight to 9:00
A.M., are in conflict with City ordinance that prohibits parking on public streets after 2:00
A. M., leaving only two available parking spaces, both of which are private.
The City Manager cited close proximity to the residential district as an additional
concern, that there are problems with the one establishment currently with an alcoholic
beverage operation to 2:00 Ao M., and he doesn't think this would be any better.
Commissioner Lyons moved to deny the request for a Dance Hall at 119 South Magnolia
Avenue based on incompatibility with the neighborhood and the associated problems with
parking, noise and debris. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of request for reduced rate use of the Civic Center from Seminole Volunteer
19%
Enterprises, Inc. On recommendation of the City Manager, Commissioner Thomas moved to
approve the reduced rate use of the Civic Center by Seminole Volunteer Enterprises, Inc. on
August 3, 1996 for a fundraising event.
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Seconded by Commissioner Lyons and carried by the
Consideration of Amendment No. 20a to Agreement with Conklin, Porter and Holmes, for real
estate subconsultant services re: Upsala Road utility easement. On recommendation of the
City Manager, Commissioner Thomas moved to approve Amendment No. 20a to Agreement with
Conklin, Porter and Holmes, for real estate subconsultant services to develop a continuous
utility easement along the east side of Upsala Road for the water main extension; cost of
amendment not to exceed $19,800.00.
vote of the Commission as folloWs:
Seconded by Commissioner Eckstein and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3300.
City Attorney Colbert read aloud Ordinance No. 3300, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING SANFORD CITY CODE ARTICLE XIX, SECTION 2-
335(b), VACANCIES IN THE CLASSIFIED SERVICE;
PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE
DATE.
and advised the Commission that since an extraordinary vote of four (4) is required under the
Civil Service Regulations to amend said Regulations, they might want to wait to vote on first
reading until the entire City Commission is present, thus avoiding potential procedural
problems.
Commissioner Eckstein moved to table the first reading of Ordinance No. 3300 to the
Regular Meeting of July 8, 1996. Seconded by Commissioner Thomas and carried by the vote of
~JdL,rtJ~JHJJLJ J~ J~, IJ~J
MINUTES
City Commission, Sanford, Florida
Reguls[ Heet~ng
,June 24
169
1976
cite Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Boards: appointments/re-appointments.
Board of Adjustment and Appeals:
expires July 23, 1996.
The City Clerk reported that Ross Robert's term
Commissioner Eckstein moved to re-appoint Ross Robert to the Board of Adjustment
and Appeals. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
code Enforcement Board: The City Clerk reported that there is one vacancy, for
term to expire June 30, 1996 (June 30, 1999). The Commission took no action.
Ce
Historic Preservation Board: The City Clerk reported that Catherine Welch has been
absent from the last five Historic Preservation Board meetings and has expressed
a desire to resign. The Historic Preservation Board requests that the City
Commission appoint a replacement, for term to expire October 28, 1999. The
Commission acknowledged the resignation and took no action.
Nuisance Abatement Board: The City Clerk reported that the Commission needs to
appoint two (2) members, for one-year initial terms. The Commission took no
action.
Commissioner Eckstein requested that the City Clerk provide a list of Applicants
who have applied for each board on which there is a vacancy, each time there is a
vacancy.
Sanford Housing Authority: The City Clerk reported that Rosemary Charles's term
expired May 20, 1996; she does not wish to be re-appointed; and that Ida Stephens
(the tenant-elected commissioner, per Timothy Hudson) is willing to serve.
Commissioner Thomas moved to appoint Ida Stephens to the Sanford-Housing Authority;
and to thank Rosemary Charles for her service. Seconded b¥Commissioner Lyons and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
System Development Fee Advisory Committee: The City Clerk reported that the terms
of Herbert Cherry and Robert M. Keith expire July 27, 1996. The Commission
acknowledged the expirations and took no action.
Waterfront Master Plan Steering Committee: The City Clerk reported that Bob
Hopkins, Walt Padgett and Molly Hudson were appointed to replace members who had
resigned, for terms to expire June 28, 1996.
Commissioner Thomas moved to re-appoint Bob Hopkins, Walt Padgett and Molly Hudson
to the Waterfront Master Plan Steering Committee for two (2) year terms to expire
June 28, 1998. Seconded by Commissioner Eckstein and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consent Agenda.
A.
Requests for payment of statements.
(1)
(2)
City Manager recommended approval.
$8,584.90 from Stenstrom, McIntosh, Colbert, Whigham & Simmons for
professional services in May, 1996; Invoice C-34,842.
$ 433.85 from Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick for professional services in April and May, 1996;
Invoice No. 4792.
Approval of Minutes of May 20, 1996 Work Session and May 20, 1996 Regular
Meeting.
On motion of Commissioner Thomas, seconded by Commissioner Lyons and carried by the
vote of the Commission as follows:
170
~05354
MINUTES
City Commission, Sanford, Florida
the Commission:
Mayor Smith Aye
COmmissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Regular Meeting
June 24
A. Approved payment of statements (1) and (2).
B. Approved Minutes of May 20, 1996 Work Session and May 20, 1996 Regular
Meeting.
Information regardin~ invoices paid durin~ the period for previously approved lump sum
contracts. The Commission acknowledged four (4) invoices totalling $41,048.92.
Request to board up 26Q6 Marshall Avenue, as discussed at tonight's Work Session. On
recommendation of the City Manager, Commissioner Lyons moved to board up 2606 Marshall
Seconded by Commissioner Eckstein and carried by the vote of the Commission as
19 96
Avenue.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of court injunction re:
Street and Park Avenue.
Fina Station, Gas Properties, Inc., owner, Third
City Attorney William Colbert reported that his office has determined that filing
a court injunction against Gas Properties, Inc., as authorized by the City Commission on June
10, 1996, will potentially be a very cost intensive proceeding. He further reported that the
5th District Court has denied Gas Properties' appeal of the denial of a Certificate of
Appropriateness by the Historic Preservation Board, and an appeal of the Code Enforcement
Board Order of Non-compliance still pending before the local Circuit Court is expected to be
scheduled for oral argument in the next 60 to 90 days and could be clouded by a request for
injunctive relief. He then stated that there are three (3) options available: 1) the City
Attorney can file the previously authorized court injunction for removal of the fence, the
most costly, time-consuming, and uncertain option; 2) the City could ask the City Attorney
to begin foreclosure proceedings on the lien from the pending Code Enforcement fine; or 3)
the City can wait for the Courts to rule on the Code Enforcement Board order and then take
appropriate action based on that final decision, the most cost-effective option and one that
will probably take about six months.
Commissioner Eckstein moved to proceed with the third option as outlined above by
the City Attorney. Seconded by Commissioner Thomas and carried by the vote of the Commission
as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of Agreement with Private Industry Council, as discussed at tonight's Work
Session. On recommendation of the City Manager, Commissioner Thomas moved to authorize
execution of the agreement with Private Industry Council. Seconded by Commissioner Eckstein
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Consideration of Amendment to the Police Services A~reement with the Sanford Airport
E405354
MINUTES
Regular Meeting
June 24
City Commission, Sanford, Florida
Authority, as discussed at tonight's Work Session.- On recommendation of the City Manager,
Commissioner Lyons moved to authorize execution of the Airport Police Services 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 Lyons Aye
Consideration of City Hall phone system upgrades, as discussed at tonight's Work Session.
On recommendation of the City Manager, Commissioner Thomas authorized Staff to proceed with
City Hall phone system upgrades at a total cost of approximately $60,000.00 and including a
$6200.00 discount. SecOnded by Commissioner Eckstein and carried 'by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Nay
Consideration of request from the Sanford Advertising Co7op for free use of the Civic Center,
as discussed at tonight's Work Session. Commissioner Eckstein moved to deny the request from
Sanford Advertising Co-op for free use of the Civic Center based on the fact that it doesn't
qualify under the guidelines for free or reduced use. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Seminole County Branch NAACP, appeared and voiced his
Audience participation.
Thomas Peele, President,
organization's opposition to Ordinance No. 3300 and to changing the charter. He stated that
the proposed change, as well as the previously proposed change in educational requirements,
appears to be an effort to prevent an African-American from being promoted to the position
of police chief. Mr. Peele then requested that any changes be made after the police chief
position is filled to eliminate any question of racism within this community.
The Chairman explained that Ordinance No. 3300 is not specific to the position of
Police Chief, nor does it encompass a change in the Charter; changing the Charter is a
separate issue coming up which deals with the supervision of the police and fire chiefs.
Earl Myers appeared and stated that Joe Dillard is a fine Deputy Police Chief, who
has proven himself, received high evaluations, attended the FBI Academy, and should be given
the opportunity to become police chief.
Johnell Jackson appeared and stated that he will be requesting several lengthy
documents from the City and wants to know what the copywork charge will be, as he has
experienced different copywork charges within various City departments. City Attorney
Colbert explained the provisions of the Florida Statutes regarding public record copy costs,
including per page cost, additional cost for extraordinary time to compile, and for research.
There being no further business, the meeting was adjourned.
Attest:
171
1996