101496 ws/rm min.E405354
MINUTES
City Commission, Sanford, Florida Work S~$sion
October 14,
241
1996
The City Commission of~ the City of Sanford, Florida met in Work Session Monday,
October 14, 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 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.
Communication tower siting within the City; and reqUest to lease City-owned property for
communication towers,
City Manager Simmons reported that this item includes a Communication Tower Report
prepared by the Department of Engineering and Planning; memorandum dated October 11, 1996,
from CALNO requesting that each City Manager and the Seminole County Manager meet with
industry representatives to develop a County-wide policy, and a proposal from a communication
company to lease two parcels of City-owned land for communication towers.
Director of Planning and Development Jay Marder reported that at the request of the
Planning and Zoning Commission, Staff provided alternatives to current permitting procedures
for communication towers, that the City presently permits towers as conditional uses in all
zoning districts, and that there is concern about how to protect residential/single-family
homes as the demand for communication towers increase. Further, based on Staff
recommendations, the Planning and Zoning Commission decided not to allow towers in single-
family/residential zones, but continue to be conditional uses in multiple-family and
commercial zones, and to permit by right in industrial zones. Further, in response to
Commissioner Lyons' question, there are twenty-one (21) towers in commercial zones and two
(2) or three (3) in industrial zones.
Commissioner Eckstein reported that when the PCS system is on line there will be
a cluster of towers being installed. Further, CALNO has requested that the municipalities
work with the industry to develop a plan to minimize towers and determine what can be done
to make these towers more aesthetically pleasing. Also, the various offers need to be
reviewed, and the revenue stream considered before approving any lease agreement.
The City Manager reviewed and discussed two proposed site locations: 1) the Derby
Park site, which is already significantly encumbered, and the more suitable and desirable of
the areas; the $700.00 a month offer is in line because the land is limited with regard to
prospective uses; and 2) the French Avenue site; it would be premature to consider leasing
an unencumbered Public Safety Complex site. Further, American Portable Telecom ("APT") has
an alternative site on West 13th Street, which is available for $500.00 per month.
After discussion, the Commission concurred with the Communication Tower Report
dated October, 1996, and that the City take the lead and schedule a meeting with Seminole
County Manager Ron Rabun and each City Manager to discuss this issue prior to the October 28,
1996, City Commission Meeting.
Economic development incentive application from Mobilite/Invacare.
The City Manager reported that the application is from Mobilite/Invacare; not
Florida Extruders.
242
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City Commission, Sanford, Florida Work Sess±on
October 14, 1~6
Director of Community Development Charles Rowe reviewed and discussed the economic
incentive proposal for Mobilite/Invacare, as follows: 1) total incentive package not to
exceed $65,000;00, 2) waiver of various permit fees in amount of $21,960.00, 3) a loan equal
to various impact fees totalling $28,000.00, 4) an additional loan of $15,000.00 upon receipt
of first ad valorem tax base billing; the terms and interest rate of said loan to be
determined.
The City Manager reported that Seminole County approved $62,500.00 on land which
is not within Sanford City limits, conditioned upon the City matching said funds, and that
Mobilite has since decided that said parcel of land is not suitable. Further, unless the
County changes its position, Mobilite could lose County funding if the City is not willing
to provide some type of assistance. Also, Mobilite is looking at property on Aero Lane.
After discussion, the Commission concurred with Staff's proposal, and to further
discuss this item at the October 28, 1996, Work Session, after Mobilite responds to the
proposal.
Request from Wanda Kelly, Executive Director, Greater Sanford Chamber of C~m.erce, for
exclusive use of parking lot and boat ramp for Bass Tournament.
The City Manager reported that he cannot recommend exclusive use of the Court House
parking lot during Court House business hours on Friday, November 8, 1996.
On recommendation of the City Manager, the Commission concurred with parking and
boat launching recommendations as described in memorandum from City Manager dated October 7,
1996.
Solid Waste Roll-Off/Compactor Franchise Agreement with Jennings Environmental Services, Inc.
("Jennings").
Director of Public Works Jerry Herman reported that Jennings has requested that the
Solid Waste Roll-Off/Compactor Franchise Agreement be extended one (1) year, under the same
terms and conditions. Further, Jennings has provided excellent service; the current rates
are competitive, and recommended that said franchise agreement be extended for one (1) year.
Commissioner Howell requested that the City go out to bid for these services.
After discussion, the Commission concurred to refer this item to tonight's Regular
Meeting, for City Commission consideration.
Curfew ordinance.
The City Manager reported that pursuant to conversations with the City Attorney,
the Seminole Towne Center Mall will not be included in the proposed initial ordinance for
curfew areas.
Police Chief Ralph Russell reported that he prefers taking a proactive stance, that
the proposed ordinance includes areas around the Seminole Towne Center Mall (the Mall will
handle the Mall), including Burger King, the movie theater, and the proposed gameroom, which
are all potential problem sites.
On recommendation of the City Manager, the Commission concurred that the City
Attorney review the draft curfew ordinance and provide comments/recommendations, for further
review and discussion at the October 28, 1996, Work Session.
F_.405354
MINUTES
Ci~ Commission, San~rd,'~ofida Work S~$s±on October 14,
Recreational vehicle occupancy.
On recommendation of the City Manager, the Commission concurred that Staff prepare
an ordinance to amend City Code Section 18-20 (3), to eliminate "one (I) period or permit on
an annual basis for a maximum duration of three (3) weeks", to set a maximum number of days
during the year in which a visitor may park his/her recreational vehicle within a non-
recreational parking environment, and to allow said days to be distributed among different
visits during a calendar year.
November 5, 1996, Charter Referendum.
City Clerk Janet Dougherty reviewed the various methods of providing charter
referendum information to the voters, as described in memorandum dated October 14, 1996, in
addition to required notification, including a bill-backer message on the October utility
bill~ a sample ballot and a legal ad, which will be published in the Sanford Herald prior to
the referendum.
(Commissioner Howell briefly left the meeting, then returned.)
After discussion, the Commission concurred not to mail out an informational
brochure/letter, and that Staff provide recommended text/verbiage for publicatiOn in the
Sanford Herald and the Seminole Extra, for City Commission review at the October 28, 1996,
Work Session.
The City Clerk reported that at tonight's Regular Meeting the City Commission will
need to authorize Mayor Smith to issue the Election Proclamation, to delegate the Canvassing
Board duties to the Seminole County Canvassing Board, and as a result of said delegation it
will not be necessary for a member of the Commission to be present while the ballots are
being tallied/counted, as in the past.
Audit of all aspects (financial, manpower, etc.) of the Police Department.
Commissioner Lyons requested that an audit be conducted of everything that falls
under the purview of the Police Department, and Commissioner Howell concurred.
Commissioners Eckstein and Thomas were opposed to having an audit done.
Police Chief Russell reported that Commissioner Lyons previously requested
information regarding personnel hours, salaries, expenses, and that he was provided with same
two meetings ago.
Board aDpointments/re-aDpointments.
The Commission discussed the appointments of Bernard Brown to the Police Advisory
Committee, Barbara Farrell to the Historic Preservation Board, and David McNeill to the
Sanford Aviation Noise Abatement Committee.
Removal of certain suDervisory Dositions from the Civil Service System.
The City Manager reported that the City of Altamonte Springs and Seminole County
are the two governmental entities having a system similar to the one in which the City
Commission has indicated an interest. Further, Department Heads and principal Deputies with
Altamonte Springs are excluded from the purview of Personnel Administration, which is
comparable to our Civil Service System, that no contract is executed, and there is no
severance pay, however, individuals in those positions are paid extremely well. Further, the
Seminole County Manager has the authority to hire and fire Department Heads and Deputy
Managers; Senior personnel execute an employment contract, and receive severance pay. Also,
the Legal Department converted, after a two (2) year window, everyone working within that
office into serving at will. Also, neither entity has a doctrine of fairness. Further, if
243
1996
244
E405354
MINUTES
City Commission, Sanford, Florida Work Sess±on
October 14, 1996
the City Commission chooses to move in this direction, he would recommend not including
supervisory positions other than Department Heads, that the doctrine of fairness is
important, and that the tenure of incumbents should be recognized. In response to
Commissioner Eckstein's question, the City Manager reviewed termination procedures under the
current Personnel Rules and Regulations.
Commissioner Eckstein reported that Department Heads deserve Civil Service
protection, but need to have accountability to the City Manager.
Mayor Smith reported she would not vote to remove incumbent employees from the
Civil Service System.
Commissioners Howell and Lyons were in favor of pursuing the same type of policy
as Altamonte Springs, with a two (2) or three (3) year window.
After discussion, the Commission concurred to reserve further discussion until
after receipt of the results of the independent consultant's salary survey.
Regular Agenda Items and other items.
A. Letter from a firefighter to the City Commission re: salary survey.
Fire Chief Hickson reported that the salary survey was based on comparisons with
the Cities of Oviedo and Casselberry and Seminole County relative engineers, that there are
no designated engineers with the Sanford Fire Department, and, therefore, no regrades were
requested.
The City Manager reported that this pay issue can be handled by the grade up/step
back scenario, if a regrade is warranted as a result of the independent consultant's survey.
B. Sailfest. The City Manager reported that tomorrow's luncheon with Sailfest
representatives has been canceled due to illness. Further, City crews were prepared to
conduct a second test, however, due to the high water level said testing will be held in
abeyance for another week or two.
C. Tower 38 Truck.
The City Manager reported that Ron Rabun, Seminole County Manager, is now more
receptive to a long term agreement in sharing the cost of a replacement truck, and that we
are still awaiting the scheduling of the ISO rating inspection/visit.
D. Regrade Examples.
The City Manager distributed, reviewed and discussed three examples of regrades and
with respect to three categories of employees, including, those who did not realize a change
in pay; those who realized a $.20 to $24.00 decrease in pay per year, checks totalling
$210.00 were issued where necessary; and those who realized a $.20 to $41.00 increase in pay
per year. Also, those employees in Step 1 who could not move up or back received an increase
in pay ranging from $382.00 to $595.00. Further, the impact of merit pay, which averages 5%
across the board, is not included in these examples.
E. Appraisal re: Hovnanian Park.
After discussion of the results of the appraisal, and on recommendation of the City
Manager, the Commission concurred not to sell the property.
F. Sanford Memorial Stadium. The City Manager reported that he expects to have
information on this item in time for City Commission review at the October 28, 1996, Work
Session.
~05354
MINUTES
City Commission, Sanford,' Florida
Work Session
October 14,
245
1996
Request from Sanford Lions Club for reduced rate of Civic Center Rental Fees
for spaghetti dinner on September 28, 1996. The City Manager reported that the Lions Club
paid the full rate in amount of $518.95, and has requested the reduced rate and a refund of
the difference. Also, this use would have qualified for the reduced rate if requested prior
to the event, and hearing no objection he will authorize Staff to issue a refund check in
amount of $278.95; the Commission had no objection.
H. Certified Local Government ("CLG") Program for the Historic Preservation Board.
The City Manager reported that the Application for Certification will be available
for City Commission review and consideration at the October 28, 1996, Work Session.
I. Proposed Lease of Salvation Army Facility/G~asiumfor various City Recreation
Programs. On recommendation of the City Manager, the consensus of the Commission was to
approve said Lease Agreement with the Salvation Army at a monthly rental fee of $500.00, the
term of said lease to be from November 1, 1996 to June 13, 1997, subject to favorable review
by the City Attorney.
Commission action.
City Manager's Report.
None given.
There being no further business, the meeting was adjourned.
}4 A~Y O R
This item was referred to tonight's Regular Meeting for City
Attest:
~ity Clerk ~
246
E405354
MINUTES
City Commission, Sanford, Florida, Regular Meetinq
October 14 19q6
· he City Commission of the City of Sanford, Florida met in Regular Meeting Monday,
October 14, 1996, at 7:00 o'clock P.M. in 'the City Commission Room, City Hall, 300 North Park
Avenue, 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 Hearing to resolve the issue between the City of Sanford and the Fraternal Order of
Police regarding imDlementation of the 50th percentile wage adjustment, as advertised in the
Sanford Herald on October 3, 1996.
The Chairman announced that the public hearing would be restricted to the
representatives for the FOP and the City having one-half hour each to state their positions.
John Head appeared and reported that he represents the FOP Lodge 120, and
distributed documents to support his position. He reported that in 1993 several police
officers, corporals and sergeants became concerned about work rules, conditions, and wages,
and subsequently joined Lodge 120, that contract negotiations have been on-going up until two
weeks ago, which included mediation, collective bargaining sessions, and correspondence
between the parties. Further, one outstanding issue remains: "Article 37", Wages. As a
result of a study/survey of the wage scale of other agencies this year, the City's wage scale
was readjusted as described in Section 2, Paragraph C of the Collective Bargaining Agreement;
effective October 1, 1996, the salary range will be adjusted, that nothing was mentioned
about individual standings or the position of officers within the Police Department.
Further, in accordance with the Classification and Pay Plan Administrative Guidelines, a
regrade is an adjustment of the salary schedule and does not reflect the worth of a person,
that merit raises and annual reviews reflect the merit, value and worth of a person's job
performance. Further, in effect what City personnel suggests, is that a person who has
earned a merit raise and has achieved a certain status/grade within their department would
return to a lower grade solely because it makes it less of a pay raise, clearly violates both
the words and spirit of the agreement; to suggest that regrading included dropping people
from the classification/grade they earned in the past based on their merit and job
performance was considered not negotiated simply is not true. Also, where in Article 37 does
it say that the grade earned on merit in the past is something that should be taken away, and
that the individual would have to wait one, two or three years, or longer, to receive the
increase, and that this was neither the intent nor the spirit of the language contained in
said Article 37. Further, he is here today to ask that the City Commission look at the
language contained in Article 37; to take the fair step and award pay grade increases to all
of the police officers, corporals and sergeants of the bargaining unit, and that the
difference between the two positions is $51,370.00 for eighty (80) people over the course of
a year.
~4~3~4
MINUTES
City Commission, Sanford,' Florida
Regular Meet ing
247
October 14
David Kornreich appeared and reported that he is Counsel for the City, that the FOP
had the right to take this issue before the Master, but chose not to do so, that Article 37
states that both parties have agreed to establish a 50 percentile for the minimum and maximum
pay ranges for police officer, corporals and sergeants, and that no where in said Article 37
does it state how individuals would be slotted in those pay ranges. Further, Article 37 is
carefully written to provide the FOP with the right to select from the minimum or maximum pay
ranges or an across the board raise, that there is no deviation from the City's standard
policy as to how to place individuals within their pay ranges, that the regrade policy has
always been that you go to the nearest step to their existing pay rate; they never go
backward. Further, when lieutenants became commanders they were reclassified; not regraded
to higher reclassification. Also, if the City Commission approves the union's request,
others will come forward and ask for the same thing, and that the union will have an
opportunity to renegotiate wages next spring.
Commissioner Howell moved to approve implementation of the 50th percentile wage
adjustment as requested by the FOP.
Commission as follows:
Said motion failed to carry upon roll call vote of the
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Commissioner Eckstein moved to implement the 50th percentile wage adjustment
regrades by placing the employees into the 50th percentile pay range at the appropriate grade
and step level in accordance with the City's common practice. Seconded by Commissioner
Thomas and carried by the roll call vote of the Commission as follows:
Mayor Smith Aye
Colmmissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Nay
Commissioner Lyons Nay
(The Chairman recessed the meeting for approximately 5 minutes, then reconvened the meeting.)
Public Hearing to consider changes and amendments to the Zoning Ordinance for a ~ortion of
the property 1yingbetween Lake Mar~Boulevard and Bush Boulevard and between Hospital Road
and U.S. Highway 17-92 for a government owned use, specifically a work release center by
Seminole County Government, within an AG, Agriculture Zone, as advertised in the Sanford
Herald October 3, 1996.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the government owned use. No one appeared.
Recommendation submitted from the Planning and Zoning Commission to approve the
changes and amendments, as advertised.
Recommendation submitted from the Director of Planning and Development to approve.
On recommendation of the City Manager, Commissioner Eckstein moved to authorize the
City Attorney to prepare the proper ordinance to approve the requested use, as advertised.
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 Nay
Public Hearing to consider second reading and adoption of Ordinance No. 3313, as advertise~
in the Sanford Herald October 3, 1996.
1996 .
248
E405354
MINUTES
City Commission, Sanford, Florida
C~rdinance No. 3313, entitled:
Regular Meeting
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A
ZONING PLAN; SAID AMENDMENT TO AMEND THE GATEWAY PLAZA
SHOPPING CENTER PLANNED DEVELOPMENT MASTER PLAN ON
PROPERTY LYING BETWEEN STATE ROAD 46 AND ST. JOHNS
PARKWAY AND BETWEEN TOWNE CENTER BOULEVARD AND RINEHART
ROAD TO ALLOW FOR A THIRD FREESTANDING SIGN; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
October 14
introduced and placed on first reading at meeting of September 23, 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. 3313. No one appeared.
On recommendation of the City Manager, Commissioner Thomas moved on the second
reading and adoption of said Ordinance No. 3313. 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 Nay
Appeal of Denial of Application for Certificate of Appropriateness by the Historic
Preservation Board ("HPB") re: 219 South French Avenue.
Roy Zimmer appeared and reported that he and his wife own the property at 219 South
French Avenue, which is zoned SC-3, Special Commercial. Further, he previously received
authorization from the Historic Preservation Board to repair and move two of the three
properties he acquired purchased to another location within the historic district, which was
done; that the third property is an older two-story home which has extensive termite damage,
transients living there at night, and poses a safety concern. Further, there is no other use
for this property, and that it is not feasible to move the house because of the cost
associated with same. Mr. Zimmer requested approval to demolish the house and save the
historically significant items for use in other houses.
Commissioner Howell reported that he did not have a problem with demolishing the
property after the property is sold, and there are development plans that can be reviewed,
but would like the property to be boarded up in the meantime.
Commissioner Howell moved to deny the appeal, to uphold the Historic Preservation
Board's decision, based on Findings of Facts, and Conclusions of Law, and to authorize
preparation of an Order, based on the record presented to the Historic Preservation Board;
and to require the property owner or the City to board up the property. Seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
The City Manager reported that Staff would analyze the Historic District the~
prepare a recommendation regarding removal of this and possibly other properties from the
district.
November 5, 1996, Charter Referendum, as discussed at tonight's Work Session. Commissioner
Howell moved to authorize the Mayor to issue the Election Proclamation, and to delegate the
Canvassing Board duties to the Seminole County Canvassing Board. Seconded by Commissioner-
Thomas and carried by the vote of the Commission as follows:
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 SALVAGE
USABLE MATERIALS AND DEMOLISH AND REMOVE THE UNUSABLE
MATERIALS RE 219 SOUTH FRENCH AVENUE, SANFORD, FLORIDA.
The City Commission based on the clear and convincing evidence
contained in the record before the Historic PreServation Board
(HPB) on September 12, 1996, makes the following FINDINGS OF FACT,
CONCLUSIONS OF LAW, and enters the following ORDER:
FINDINGS OF FACT
(1) That the property located at 219 South French 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 September 12, 1996 the HPB denied the Application for
Certificate of Appropriateness to salvage the usable materials for
use on other structures in the Historic District, then demolish and
remove the unusable materials.
(5) That the salvage of usable materials for use on other
structures in the Historic District and demolition and removal of
the unusable materials is not appropriate.
CONCLUSIONS OF LAW
(1) This commission finds that said salvage/demolition/removal is
not permitted on this structure in the Old Sanford Residential
Historic District.
ORDER
THEREFORE, IT IS ORDERED that the Appellant/Applicant's
request to salvage usable materials for use on other structures in
the Historic District and demolish and remove the unusable
materials is denied and the decision of the HPB of September 12,
1996 is confirmed and upheld.
DONE AND ORDERED this 14th day of October, 1996.
~a~r Bettye D. Smith
Attest:
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S. Mail to Roy and Cindy Zimmer, 404 Olulu Drive,
Winter Park, Florida 32789, this c~~ day of October, 1996'
' Clerk~
liJtJ~ [lJ~JJJIIII~JL~J JJJll,~lJllJ]Jll illJlJlll,
MINUTES
City Commission, Sanford, Florida
Regular Meeting
249
October 14 19 96
~ayor Smith Aye
Commissioner Eckstein Aye
CommissiOner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Proposal from Florida League of Cities for SuDplemental Employment Practices Liability
Insurance. On recommendation of the City Manager, Commissioner Howell moved to approve the
purchase of Supplemental Employment Practices Liability coverage from the Florida League of
C~ties in approximate amount of $5,000.00, effective October 1, 1996. 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
Sanitary sewer service re: West 13th Place. On recommendation of the City Manager,
Commissioner Thomas moved to authorize City crews to proceed with installation of sanitary
sewer lines, as described in memorandum dated September 26, 1996, from the City Manager,
conditioned upon receipt of written commitments from Reverend Ings and Mary Smith. 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
Petition for Annexation of a~ortion of property lying between State Road 46 and West Third
Street extended westerly and between Central Park Drive and South White Cedar Road. On
recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney
to prepare the proper ordinance to annex the property as requested. 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
Request from New Tribes Mission to park two (2) Recreational Vehicles at New Tribes
headquarters from approximately November 1, 1996 to May 31, 1997. On recommendation of the
City Manager, Commissioner Howell moved to approve the parking, as in the past. 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. 3314. On motion of Commissioner Thomas, 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
Ordinance No. 3314, entitled:
.AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON
ADOPTION OF SAID ORDINANCE, PROPERTY LYING BETWEEN NORTH
WAY AND HIGH WAY AND BETWEEN SANFORD AVENUE AND CYPRESS
AVENUE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
25O
E405354
MINUTES
City Commission, Sanford, Florida Regular Meeting
October 14
19 96
Recommendations/Information from Planning and Zoning Commission Meetings of September 19,
1996 and October 3, 1996, as described in memoranda dated September 20, 1996 and October 4,
1996, respectively, from the Land Development Coordinator.
A. Meeting of September 19, 1996. No action required or taken.
B. Meeting of October 3, 1996. No further action required or taken.
Condemnations: Status Report of all current and pending condemnations. No action required
or taken.
Board appointments/re-aDDointments.
Historic Preservation Board: The City Clerk reported that the terms of Laura
Sollien, Paul E. Porter, and Sue Mitchell expire October 28, 1996, that all
have been contacted, that Laura Sollien is willing to serve again, if re-
appointed, and that Sue Mitchell and Paul Porter do not wish to serve again.
Also, Applications for Appointment to a City Board are on file from Lisa
Lessard, Stephen Balint, Jr., Catherine Bossert, Gerald Gross, Sica Nacu, and
Eline Ransom.
Commissioner Howell moved to thank Paul Porter and Sue Mitchell for their
service on the Historic Preservation Board, and to appoint Jerry Gross to
replace Sue Mitchell on said 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
Commissioner Lyons moved to appoint Barbara Farrell to replace Paul Porter on
the Historic Preservation Board. 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
Commissioner Eckstein moved to appoint Laura SOllien to the Historic
Preservation Board. 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 Abstained
Commissioner Lyons Aye
Commissioner Howell abstained from voting, and stated that he would file a Conflict of
Interest Form with the City Clerk's Office.
Police Advisory Committee: The City Clerk reported that the Commission needs
to appoint nine (9) members; with initial terms to be staggered, with five
(5) members appointed for a term of two (2) years and five (5) members
appointed for a term of one (1) year; thereafter, all terms will be for two
(2) years. Also, there are no Applications for Appointment to a City Board
are on file.
Commissioner Eckstein appointed Bernard Brown to the Police Advisory
Committee; Mayor Smith appointed Lynn Stogner and Earl Myers to said Board,
with the members determining their initial terms of appointment after all are
appointed.
Ce
Sanford Aviation Noise Abatement Committee: The City Clerk reported that the
appointee should be a citizen from an impacted area; and cannot be an elected
official. Also, there is an Application for Appointment to a City Board on
file from David R. McNeill, Jr.
Commissioner Howell moved to appoint David R. McNeill, Jr. to the Sanford
Aviation Noise Abatement Committee. 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
Do
Board of Adjustment & Appeals: The City Clerk reported that the term of A.K.
Shoemaker, Jr. expires November 10, 1996. Commissioner Lyons moved to re-
appoint A.K. Shoemaker, Jr. to the Board of Adjustment & Appeals. Seconded
by Commissioner Thomas and carried by the vote of the Commission as follows:
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAMI::--FIRST NAIvlE~MIDDI..E NAME
MAILING ADDRESS
CITY COUNTY
DATE ON WHICH VOTE OCC.'URRED
NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
THE BOARD. COUNCIL.
WHICH I S~RV~ IS A UNIT O~:
('I'FY COUNTY ~HER LOCAl AGENCY
qAME OF ~LITICAL SUBDIVISION:
MY POSITION IS:
~P~IMTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who.are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which-you have a conflict of'interest will vary greatly'depending
on whether you hold an elective or appointive position. For this reason, please pay close a/tenfion to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA. STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure~
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure Ol
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordir~
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive cb~umy, municipal, or other local public office MUST ABSTAIN from voting on a measure whic
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate.in a matter in which he has a conflict of interest, but mu~
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, wheth~
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC]
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible f<
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intere.,
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY _DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete lhe form and file it within 15 days after the vote occurs with the person responsible for recording the minu
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, l~'~c~/~-~'/' ~' ~ P~ ~/~ hereby disclose that on //: 0~_.~- ~ ~ c~_ 19 9~
(a) A measure came or will come before my agency which (check one)
~-/-inured to my special private gain; or
__ inured to the special gain of
, by whom I am retain,
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIK
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWII',
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
E4053.54
Consent Agenda.
MINUTES
City Commission, Sanford, Florida
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Regular~ Meetin~
251
October 14 1996
Seminole County Expressway Authority: The City Clerk reported that Mayor
Smith's term expires in November, 1996, and she is not eligible for re-
appointment. Also, on October 2, 1996, CALNO recommended Commissioner
Eckstein be recommended to Seminole County Board of County Commissioners for
appointment. Commissioner Thomas moved to recommend that the Seminole County
Board of County Commissioners appoint Commissioner Eckstein to the Seminole
County Expressway Authority. Seconded by Commissioner Lyons and carried by
the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
A. Requests for payment of statements.
(1) From Foley & Lardner for professional services from 8/2 - 8/21,
1996 ........................................................... $398.29
(2) From City Attorney for prof. services for the Month of
September1996 ................................................ $4,148.70
(3) From Muller, Mintz, Kornreich et al ............................ $ 945.75
B. Approval of Vouchers for the Month of September, 1996.
C. Approval of Minutes of September 9, 1996, Special Work Session; and September
16, 1996, Work Session.
On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
the Commission:
A.
B
C.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye _
Commissioner Howell Aye
Commissioner Lyons Aye
Approved payment of statements (1), (2) and (3).
Approved Vouchers for the Month of September, 1996.
Approved Minutes of September 9, 1996, Special Work Session; and September 16,
1996, Work Session.
Information regarding invoices paid during the period for previously aDDroved lump sum
contracts. The Commission acknowledged three invoices totalling $15,226.89.
Alcoholic Beverage License. Commissioner Howell moved to approve Larry Blair's alcoholic
beverage license. After discussion, Commissioner Howell withdrew his motion, and the
Commission concurred to consider this item at the October 28, 1996, Regular Meeting.
Request for Proposal re: Solid Waste Roll-Off/compactor Services, as discussed at tonight's
Work Session. Commissioner Howell moved to authorize Staff to prepare a Request for Proposal
for Solid Waste Roll-Off/Compactor Services.
by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Seconded by Commissioner Eckstein and carried
Aye
Aye
Aye
Aye
Abstained
Commissioner Lyons reported that his wife is employed by Jenning's Environmental, Inc., the
current provider of these services, and that he would abstain from voting and file a Conflict
of Interest Form with the City Clerk's Office.
252
F-A05354
MINUTES
City Commission, Sanford, Florida
Request for Proposal for independent
discussed at tonight's Work Session.
Regular Meeting
October 14 19 96
audit of all asDect of the Police Department, as
Howell
Commissioner Lyons moved to authorize Staff to advertise for Request for Proposal
for an independent audit of all aspects of the Police Department. Seconded by Commissioner
Said motion failed upon roll call vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Proposed Lease with the Salvation Army for use of the Salvation Army G~mnasiumfor Recreation
Department Programs, as discussed at tonight's Work Session. On recommendation of the City
Manager, Commissioner Eckstein moved to authorize execution of the Lease Agreement with the
Salvation Army for use of the Salvation Army Gymnasium, in amount of $500.00 per month; the
term of said lease to be from November 1, 1996 through June 13, 1997, subject to City
Seconded by Commissioner Thomas and carried
Attorney review and favorable recommendation.
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
There being no further business, the meeting was adjourned.
M~Y'OR
Attest:
City Clerk