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122396 ws/rm min.MINUTES City Commission, Sanford, Florida Work Session 301 December 23 19.96 The City Commission of the City of Sanford, Florida, met in Work Session on Monday, December 23, 1996, at 4:30 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 Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the Meeting to order. Discussion of Ordinance No. 3323, regarding security regulations. City Manager Simmons reported that his office has received no calls and the City Clerk's office has received only a few calls regarding Ordinance No. 3323, and expressed his concern about the lack of response from the public regarding this ordinance. Wanda Kelly, Executive Director of the Greater SanfOrd Chamber of Commerce, reported that her discussions with owners of bars and restaurants indicated that they didn't think this ordinance would affect their businesses. City Manager Simmons responded to comments that the ordinance would exclude businesses having more than two employees by explaining that having more than two employees is only one of eight items required by Ordinance No. 3323, which will apply to all businesses operating between the hours of 10:00 P.M. and 5:00 A.M. City Attorney Colbert reported that he has received no calls or questions regarding the proposed ordinance, and explained that its application is broader than that of the convenience store ordinance after which it is patterned. For example, convenience stores typically own their own building and control their own parking lot. Some of the other businesses to be affected by this ordinance may not own or control their parking lot, yet the ordinance requires parking lot illumination. This may present issues later on if a landlord is required to bring a parking lot up to the standards imposed by the proposed ordinance due to the tenancy Of one affected business. Police Chief Ralph Russell stated that he has a problem with requiring additional businesses, who will be required by the adoption of this ordinance to install drop safes, to post notice of said safe on premise; that he doesn't think the majority of restaurants and gas stations have drop safes and advertising the presence of a safe on premise, at an establishment which previously was not known to have a safe, may wave a flag of opportunity. Following discussion regarding the enforceability of Ordinance No. 3323, City Manager Simmons proposed a delayed implementation period of 30-60 days following adoption, allowing time for the Police Department to visit businesses and inform them of the ordinance. City Attorney Colbert suggested that implementation of the ordinance not be tied to notification of particular businesses, and that the ordinance be made effective immediately upon adoption with enforcement delayed to give business owners time to comply. Following more discussion regarding the potential problems associated with advertising a safe on premise, the need for further research conducted by the Police Department, and the lack of response heretofore from the business community, the Commission concurred to hold the Public Hearing at tonight's regular meeting as scheduled and continue to the second regular meeting in January. E405354 302 MINUTES City Commission, Sanford, Florida Work Session December 23 1996 Discussion of Nuisance Abatement Boards/court rulings. In response to an inquiry from Commissioner Eckstein. City Attorney Colbert reported that a ruling by the St. Petersburg Nuisance Abatement Board has been taken to court as inverse condemnation, and recommended that Sanford's Nuisance Abatement Board place actions on hold until the court interprets and rules. Further, Attorney Judd Hedrick of the City Attorney's office has advised the Nuisance Abatement Board of this case, and has suggested that they operate as an enforcement board at this time. Police Commander Dennis Whitmire, City Liaison to the Nuisance Abatement Board, stated that in view of Mr. Hedrick's advisement, the Board had concurred to take no action to close businesses, but encourage voluntary compliance. Discussion of bids re: stadium grandstand demolition. City Manager Simmons reported that the previous lowest bidder, D.H. Griffin Wrecking Co., Inc., has withdrawn their bid, and recommended awarding the bid for stadium grandstand demolition to the next lowest bidder, Indigo Industries, Inc. in the amount of $49,895.00. Mike Kirby, Director of Parks and Recreation, reported that one of the first events to be held in the refurbished stadium will be the Amateur Softball Association Conference Men's Super Slow Pitch Tournament on August 14 - 17, 1997. According to Mr. Kirby, this event will generate increased business for area hotels and restaurants, as well as income through gate fees and concessions sales. Commissioner Eckstein emphasized that this event will not only enhance the City's image but attract other tournaments. Discussion re: lease option for communication tower site at Derby Park. City Manager briefly reported on the status of the proposed Communications Tower Lease with APT Tampa/Orlando, Inc., expressed his concern that the lease is still not in acceptable form, and stated that there was no urgency to proceed until the first meeting in January. APT representative Steve Sheridan was present and stated that APT had no objection to any of the City Attorney's recommendations. Following discussion, City Manager Simmons announced that he would meet with Mr. Sheridan prior to the 7:00 P. M. Regular Meeting, and would subsequently make recommendation regarding said lease to the Commission at the 7:00 P. M. meeting. Discussion re: outstanding economic development incentive proposals. Charles Rowe, Director of Community Development, gave a brief status report on the four development incentive proposals presented to the Commission to date: 1) Conveyor Systems, which has been completed; 2) ArtCraft Industries; 3) Mobilite/Invacare and 4) Florida Extruders. Mr. Rowe reported that his-department is awaiting response from ArtCraft Industries regarding the last Commission action; that both Mobilite/Invacare and Florida Extruders are currently reviewing documentation forwarded to them by his department; and potentially, these will be submitted to the City Commission for ultimate action in January. Further, that Universal Sales Agency, which purchased the former Harcar building, has submitted an application; Hill Dermaceuticals has been given an application; and he anticipates additional requests to result from expansion and development of the Airport. F_,405354 MINUTES City Commission, Sanford, Horida Work Session 3.03 December 23 19 96 He then requested that at tonight's meeting the Commission authorize a grant application for Economic Development Transportation Funds from FDOT in the amount of $101,000.00 for the expansion of 5th Street near Jewett Lane in support of the Florida Extruders project. Discussion re: Amendments to various Agreements with Conklin~ Porter and Holmes. City Manager Simmons referenced two amendments to agreements with Conklin, Porter and Holmes: 1) Amendment No. 45 to Agreement dated December 7, 1983, for construction of sewer rehabilitation and evaluation of Fort Mellon lift station; and 2) Amendment No. 24, to Agreement dated December 17, 1987, for final design and construction plans for utility relocation, projects associated with SR 417, Airport Boulevard widening and CR 46A widening. The Commission had no questions or comments. Discussion re: Joint Resolution in supDort of light rail within the CSX alignment. The Commission briefly discussed the proposed resolution to endorse the light rail project in the CSX corridor and in connection with Phase I, plans to build a connector to Altamonte Springs, and the problems attendant to locating in the Interstate 4 corridor. Discussion re: Utilities Standards and SDecifications Manual. The City Manager explained that the proposed Utilities Standards and Specifications Manual provides greater detail than that contained in the Land Development Regulations, that it was adapted from the one used by Orange County, and that Mayor-elect Larry Dale has requested that action on this item be delayed until January. In response to Commissioner Howell's inquiry, the City Manager explained that Mr. Dale wanted an opportunity to look at the manual more closely, and that his stated purpose is that the City's development codes be as encouraging of development as possible without giving away something or permitting something which is not in the city's best longterm interest, since such infrastructure generally becomes the maintenance responsibility of the City. Following discussion, the Commission concurred to delay action until January. Discussion of board appointments/re-appointments. The Commission discussed Tim Donahoe's request for re-appointed to the Scenic Improvement Board, and David Gatchell's and Juanita Mercer's desire to not be re-appointed when their terms expire January 31, 1997. Following discussion, the Commission concurred to re-appoint Tim Donahoe at tonight's regular meeting and to delay action on the other two anticipated vacancies until the new commission takes office. Discussion of Regular Agenda Items and other items. A. Auto accident involving Utility Department employee. Mayor Smith reported that Leon Hampton, a Utility Department employee, recently involved in a head-on collision on SR 46, is still in the hospital with multiple injuries, but is expected to recover. B. Work performedwi~hout the proper Dermit, Helen Stairs, property owner. City Manager Simmons reported that Gary winn, City Building Official, has contacted the property owner, work has stopped, and the property will be restored. Commissioner Howell expressed concern that Helen Stairs, Chairman of the Planning and Zoning Commission, has broken City law, stated that he has received numerous calls regarding this incident~ and thinks Ms'. Stairs owes the City an explanation. 3O4 5405~54 MINUTES City Commission, Sanford, Florida Work Session December 23 1996 Following discussion regarding the need for information and an explanation from the property owner, the Commission concurred to invite Ms. Stairs to attend the January 13, 1997 Work Session to discuss the situation. ~ityManager's Report. A. Proposed Lease with the Salvation Army. City Manager Simmons reported that the City Attorney now concurs on the proposed lease between the City and the Salvation Army, which was previously authorized by the Commission for execution for a period of 6 months, and he will be executing that document. B. Proposed Lease with Ta~iri Arts. The City Manager reported that Patricia Whatley, Director of Tajiri Artsf is in agreement with the proposed lease at 519 Palmetto Avenue, which contains a 5 year total term with provision for negotiation of an additional 5 year term, increased lessee responsibilities, and leaves open negotiation of rent at the 5 year point. In response to Commissioner Eckstein's inquiry regarding language in the lease about assessed taxes, City Manager Simmons explained that if the City leases to non-tax exempt organizations, [Commissioner Howell left the meeting.] they can be assessed for advalorem taxes, as in the case of the airport and businesses on the marina. [Commissioner Howell returned to the meeting.] However, according to Ms. Whatley, Tajiri Arts is a not- for-profit organization and thus, if the Seminole County Tax Assessor concurs, tax-exempt. Following discussion, the Commission concurred to conduct inspection of the premises, at minimum, on an annual basis. C. 15 foot temporary construction easement in Seminole Farms Trust IV Deed to City of Sanford. The City Manager reported that this 15 foot temporary construction easement was strictly needed only during the construction of St. Johns Parkway, and the City had agreed to release said easement upon completion of that roadway. D. Transfer of utility department funds to pay final bill to PRECON. The Commission discussed the transfer of funds from utility reserves to the utility budget to make final payment to PRECON in the amount of $33,652.60. E. Condemnations. The City Manager reported that there are currently no active, uncompleted items on the Condemnation list; previously condemned properties have either been repaired or demolished; and a new list of properties for proposed condemnation is being prepared for submission to the Commission. F. Proposal from Ardaman & Associates. The City Manager reported that at tonight's regular meeting he will request authorization of a contract with Ardaman & Associates in the amount of $18,904.00 for Stage 1 to determine groundwater flow direction at the Placid Lake area adjacent to the Hovnanian Park Site. G. Resolution No. 1737. The City Manager reported that adoption of this resolution, effective January 7, 1997, at tonight's regular meeting, is necessary to authorize signature of the new Mayor for check signing and eliminate any time gap. H. Personnel wage and salary survey; Item #22. In response to Commissioner Lyon's inquiry, City Manager Simmons reported that the purpose of the personnel wage and salary survey, Item No. 22 on the Agenda for tonight's regular meeting, is to 'look at alternatives to the current merit pay system and match the marketplace, and does not cover job descriptions or performance evaluations. E405354 MINUTES City Commission, Sanford, Florida Work Session 305 December 23 Commissioner Eckstein suggested that perhaps the Conm]ission should wait on awarding contracts until the new commission is seated. However, City Manager Simmons pointed out the need to proceed with evaluating the current pay scale. There being no further business, the meeting was adjourned. Attest: City C~erk ~ 19 96 306 F.405354 MINUTES City Commission, Sanford, Florida Regular Meet ing December 23 1996 Th.e City Commission of the City of Sanford, Florida met in Regular Meeting Monday, December 23, 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. Presentation by Julia Goeb, President, Sanford Historic Trust. Julia Goeb appeared and thanked Mayor Smith for her support of the residential historic district and presented her with a signed print from the 1996 Tour of Homes. Presentation of service weapon to retiring Police Commander Thomas Bernosk¥. Mayor Smith reported that Commander Thomas Bernosky has been with the Sanford Police Department for twenty-five (25) years, with a start date of August 6, 1971, that he has advanced through the ranks as a patrolman to sergeant and commander, and presented Commander Bernosky with his badge and service weapon. Declare service weapon surplus and Present to retiring Police Chief RalDh Russell. Commissioner Howell moved to declare Police Chief Ralph Russell's service weapon surplus property. 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 Mayor Smith reported that Police Chief Ralph Russell started with the Sanford Police Department November 20, 1965; has served on the police force for thirty-one (31) years, as a patrolman, sergeant, lieutenant, captain and Police Chief, and presented Police Chief Russell with his badge and service weapon. Presentation by Hal Downing with the Sailfest. Hal Downing appeared and reported that the Sailfest was a success, that 20 states were represented and 450 sailors participated. Further, he appreciates the time, effort and money spent on making the beachfront improvements, and thanked the City Commission and the City Manager for their support and assistance, and stated that he looks forward to having the Sailfest in Sanford for several more years'to come. Public Hearing to consider second reading and adoDtion of Ordinance No. 3323, as advertised in the Sanford Herald on December 12, 1996. Ordinance No. 3323, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 24½, OF THE SANFORD CITY CODE ENTITLED "PUBLIC BUSINESSES OPERATING AT NIGHT"; PROVIDING DEFINITIONS, ESTABLISHING REGULATIONS, ESTABLISHING SECURITY MEASURERS INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING SECURITY MEASURERS INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. PA05354 MINUTES City Commission, Sanford, Florida Introduced and placed on fn'st reading at meeting of December 9, 1996, was next placed on second reading. 307 December 23 199g 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. 3323. Elaine Morris, 159 Edgewater Circle, appeared and reported that requiring two clerks to be on duty at 10:00 P.M., and installation of surveillance cameras will help deter crime, and make it safe for people to shop during the evening hours. City Attorney William Colbert reported that the Police Department has provided statistical information obtained from a recen~ study, and that the record should reflect that said information has been received and is on file with the City. In response to Commissioner Lyons' question whether the Commission will establish an effective date, Mayor Smitt reported that pursuant to discussion at tonight's Work Session, the public hearing will be continued until January 27, 1997, to afforc incoming Commissioners and merchants the oppommity to have input. Commissioner Thomas moved to continue the second reading and adoption of Ordinance No. 3323 until January 27, 1997 Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Hearing to consider revocation ,of occ,,upational license to operate a triplex at.801 Magnolia Avenue. Building Official Gary Winn appeared and reported that numerous complaints have been received relative this apartmenl building ranging from disturbances, a tenant running a business, and a washing machine on the front porch. On November 15, 1996, Vince F/oretti, Sanford Fire Inspector; Dan Florian, Sanford Code Compliance Inspector; and Roy Costa, State of Florida Hotel and Restauranl Inspector, iv~ted the property at 801 Magnolia Avenue, and made the following findings: The second floor apartment was turned into three (3) sleeping rooms, a kitchen and a bathroom, hence a rooming house. Other violations include holes in the walls, electrical problems, trash and debris, and no fire extinguishers. Also, in 1983, the City rezoned this property to single-family zoning, at which time people were given an opportunity to acquire the appropriate license. Mrs. Delano, the property owner, applied for and received an Occupational License to operate a three (3) unit apartment complex, however, weekly rental receipts have been acquired from two tenants. Based on the aforesaid information, the State of Florida has posted the property and closed the property for operation, and that Staff recommends that the City Commission consider revoking the occupational license to operate the three (3) unit apartment at this location. Joe Petrowski appeared and reported that he is Senior Inspector with the State of Florida Division of Hotels and Restaurants that on October 8, 1996, Ms. Delano was issued a warning for operating a rooming house without a license, and that too many violatiom were found during the joint inspection of the property to continue the license. Clarice Delano, 807 Magnolia Avenue, appeared and reported that on December 17, 1996, the Police Department citer her for running a five (5) unit rooming house, and she was given fourteen days in which to comply. Further, everything has been brought into compliance relative other violations, with the exception of the fire doors. Also, there are no broken rails, no stove on the front porch, and the three fireplaces are used to bum firewood at Christmas time. Also, the gentleman who resides in the upstairs apartment has a one (1) year lease, a copy of which was submitted, and has been a tenant for the past eleven (t 1) years. William Belt and Terry Martin share one of the two downstairs apartments under a six (6) month lease, and split the monthly rent of $400.00; Will/am Bell was evictex December 4, 1996, James Winham rents the other apartment downstairs. Ms. Delano stated that some of the tenants may have beer behind with their rental payments, which might explain the weekly rental receipt. E405354 308 MINUTES City Commission, Sanford, Florida Regular Meeting, December 23 1996 Commissioner Howell moved, based on the evidence provided and testimony given, to find the property ~n non-compnance and to revoke the occupational license to operate a three (3) unit apartment complex at 801 Magnolia Avenue. Seconded by Commissioner · Lyons. Vince Fioretti, Fire Inspector, appeared and reported that on November 21, 1996, a Certified Letter was sent to Ms. Delano, which has been refused three (3) times, and that he has left business cards on the gate in an attempt to contact her, but to no avail. Mayor Smith called for the vote of the Commission on the foregoing motion to find the property located at 801 Magnolia Avenue in non-compliance, and to revoke the occupational license to operate a three (3) unit apartment complex at said location. Said motion carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye Joint Resolution,by, the City of Sanford, Seminole County and ,the Sanford Community Redev, elopment Agency regarding alignment of the Central Florida Light Rail Systems as.discussed at tonight's Work Session.r On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1736, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, REGARDING ALIGNMENT OF THE CENTRAL FLORIDA LIGHT RAIL SYSTEM AND INTERSTATE 4 INTERIM HIGH OCCUPANCY.VEHICLE PLAN. 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 Utilities Standards and Specifications Manual and Ordinance No. 3324, to amend .the Land Development Regulations regarding_ same, as discussed at tonight's Work Session. Commissioner Thomas moved to delay action on Ordinance No.. 3325 until after the first of the year. Seconded by Commissioner Eckstein and carded by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Amendments to various. Agreements with Conklin, Porter and Holmes, as discussed at tonight's Work Session.. Ao Amendment No. 48, to original Agreement dated December 7, 1983, for construction of sewer rehabilitation and evaluation of Fort Mellon lift station. Amendment No. 24, to original Agreement dated December 17, 1987, for final design and construction plans for utility relocation projects associated with SR 417, Airport Boulevard widening and CR 46A widening. On recommendation of the City Manager, Commissioner Thomas moved to approve Amendment No. 48 in e '.~$~ted amount of $31,244.39, and Amendment No. 24 in amount of $259,138.22. Seconded by Commissioner Eckstein *[~ ~iflby the v°te °f the C°mmissiOn as £Oll°ws: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR OUNTY, MUNICIPAL, ,TNA , AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~-FIRS '--M DI LIE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 'rH~ I~0ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON CITY (.'OU NTY · DATE ON WHICH VOtE OCCURRED WHICH I SERVIE IS A UNrI' OF: ~'Y '.~ COUNTY !i~ OTHER LOCAl. AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: '~.~-~ELECTIVE ii APPOINTIVE 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 lav~ Your responsibilities under the law when faced with a measure in which .you have a Conflict of inter'est will ~ary greatly'dependin~g on whether you hold an elective or appointive position. For this reason, please pay close attention 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 special 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 o: 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 recordinl the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cb~n~y, 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, whethe made by the officer or at his direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI 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 the 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 (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 (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retain¢ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E405354 MINUTES City Commission, Sanford,' Florida Regular Neeting 309 December 23 19% Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons iAye School Resource/D.A.1LE. Officer Agr_ cement for 1996-97 school year. On recommendation of the City Manager, Commissioner Howell moved to approve said School Resource/D.A.R.E. Officer 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 Termination of IS-f0ot tempora, r~ cOnstruction easement in, Seminole Farms,Trust ,IV, Deed, to the City_ of S:mford. Commissi ,oner Howell moved to terminate said 15-foot temporary construction easement, 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 Disposal of City_ pro_nerty (dumpsters). On recommendation of the City Manager, Commissioner Thomas moved to declare various dumpsters, as described in memorandum dated December 13, 1996, from Public Works Director surplus, and to sell same as scrap material to Jennings Environmental Services at $1.75 per 100 pounds. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Abstained Commissioner Lyons reported that his wife works for Jennings Environmental Services, he abstained from voting, and stated that he would file a Conflict of Interest Form with the City Clerk's Office. Tajiri Arts Lease. On recommendation of the City Manager, Commissioner Howell moved to approve the Lease Agreement with Tajiri Arts, for use of the property at 519 Palmetto Avenue; the term of said lease to be five (5) years, with an option to extend the lease for an additional five (5) years. 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 Condemnations: No action required; action completed as appropriate on all presently condemned structures. Proposals re: personnel wage and salary_ surve_v. On recommendation of the City Manager, Commissioner Thomas moved to award said contract to David M. Griffith & Associates, Ltd., inan amount not to exceed $12,960.00, to perform a personnel wage and salary survey. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye FA05354 310 MINUTES City Commission, Sanford, Florida Regular Meeting December 23 1996 Commissioner Howell Aye Commissioner Lyons Aye Information from Planning and Zoning Commission Meeting of Thursday. December 5, 1996. No action required or taken. First reading of Ordinance No. 3324. On motion of Commissioner Howell, 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 Ordinance No. 3324, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3173 PROVIDING FOR THE REVISION OF THE CITY'S PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Board ,appointments/re-appointments. Scenic Improvement Board: The City Clerk reported that the terms of David Gatchell, Tim Donahoe and Juanita Mercer expire January 31, 1,997, that Tim Donahoe has been contacted and is willing to serve again, if re-appointed; and that Juanita Mercer and David Gatchell do not wish to be re-appointer[ Commissioner Lyons moved to re-appoint Tim Donahoe to the Scenic Improvement Board, and to thank Mr. Gatchell and Ms. Mercer for their service on said board. Seconded by Commissioner Thomas and carded by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request to transfer recreation impact fee funds for completion of Derby Park construction. On recommendation of the City Manager, Commissioner Thomas moved to authorize transfer of$11,000.00 from Recreation Impact Fee Trust Fund to the Derby Park project account, to facilitate completion of Derby Park construction. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner HoweI1 Aye Commissioner Lyons Aye Consent Agenda. A. Requests for payment of statements. (1) From City Attorney for professional services for the month of November, 1996 ............................................ $7,796.10 (2) From Muller, Mintz, Komreich, et al for professional services from 1 I/4/96 thru 11/25/96 .......................... $3,301.57 B. Tabulation of Bids. (1) Bid #96/97-26, Metal Roof Replacement-P.W.C. Equipment Storage Building (Public Works Department). The City Manager recommended acceptance of Alternative #2 from Cornerstone Building System, the lowest bidder, which met specifications, in amount of $22,336.26 plus $144.00 for each replacement purlin needed. E4053~4 (2) MINUTES City Commission, Sanford,' Florida 31 1 Regular Meeting December 23 Bid #96/97-27, Trencher (Utility Department). The City Manager recommended acceptance of lowest bid, which met specifications, from Vermeer in mount of $25,353.24 minus trade-in value of old unit of $3,000.00; for a total price of $22,353.24. Approval of Minutes of November 19, 1996, Special Work Session; November 25, 1995, Work Session; November 25, 1995, Regular Meeting; December 4, 1996, Special Meeting; and December 9, 1996, Regular Meeting. 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 the Commission: A. Authorized payment of statements (1) and (2), above. (1) (2) Accepted Alternative #2 from Cornerstone Building System, the lowest bidder, which met specifications, in amount of $22,336.26 plus $144.00 for each replacement purlin needed. Accepted lowest bid, which met specifications, from Vermeer in amount of $25,353.24 minus trade-in value of old unit of $3,000.00; for a total price of $22,353.24. Approved Minutes of November 19, 1996, Special Work Session; November 25, 1995, Work Session; November 25, 1995, Regular Meeting; December 4, 1996, Special Meeting; and December 9, 1996, Regular Meeting. Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged five (5) invoices totalling $37,907.60. Lighted palm trees on the Marina. Commissioner Eckstein reported that Chuck Volk has agreed to keep the lights on at night until March 1, 1997, and suggested that a picture be taken from City Hall's roof and possibly used for advertising the downtown area, and the Commission concurred. Appointment of Police Chief. Commissioner Thomas moved to appoint Joe A. Dillard as Police Chief, effective January 3, 1997. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request for Special Evaluation of City_ Clerk. Mayor Smith requested that the City Commission consider a Special Evaluation of City Clerk Janet Dougherty, based on information as outlined and provided in memorandum from the City Manager. After discussion, Commissioner Thomas moved'to authorize a Special Evaluation, with an outstanding rating, of City Clerk Janet Doughtery. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith ' Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay Salary_ increase for City_ Manager. Commissioner Eckstein moved to give City Manager Bill Simmons an outstanding evaluation, and to authorize a 3% salary increase, effective January 1, 1997. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 312 E405354 MINUTES City Commission, Sanford, Florida ReOoular Meetin December 23 19 96 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Lease option, with .APT for telecomm, uni~.tion tower.,ite at Derby Park, as discussed at tonight's Work Session. The City Manager reported that he met with Steve Sheridan the representative for APT, that he has agreed to substitute language in Article vm relative an alternative access route, and the co-location requirement, and recommended that the Commission authorize execution of said lease agreement, upon receipt of a smooth lease incorporating said co-location requirement and alternate access route. 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 Memorial Stadium grandstand demolition. On recommendation of the City Manager, Commissioner Howell moved to accept the bid from Indigo in amount of $49,895.00, for said demolition work. 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 Application for EDFT Grant from Florida Department of Transportation, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize execution and submittal of said EDFT Grant Application. 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 for, emergency, water service for property ,at 3503 Palm Way. On recommendation of the City Manager, Commissioner Howell moved to authorize emergency water service for property located at 3503 Palm Way. Seconded by Commissioner Lyons and earned by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request for transfer of funds from utility_, reserves to utility budget ,for final payment tO pRECON, as discussed at tonight's Work.Session. On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to transfer $33,652.60 from utility reserves to the utility budget, to cover final payment to PRECON. Secondedby Commissioner Thomas and carded by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye E405354 MINUTES City CommissiOn, Sanford,' Florida Regular Meetincj 313 December 23 Proposal from Ardaman &,Associates to determine groundwater flow direction at the Placid Lake area adjacent to the Hovnanian Park site. as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to accept said proposal from Ardaman & Associates in amount of $18,904.90, for Phase 1 groundwater flow testing relative the Placid Lake area adjacent to the Hovnanian Park site. 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 Adoption of Resolution. No. 1737, as discussed at tonight's W0rk Sessi0n. On recommendation of the City Manager, Commissioner Howell moved to adopt Resolution No. t737, entitled: A RESOLUTION OF THE CITY OF SANFORD FLORIDA, TO AUTHORIZE SIGNATURES ON BANK ACCOUNTS WTrH BARNETT BANK OF CENTRAL FLORIDA, N.A. AND THE STATE BOARD OF ADMINISTRATION; PROVIDING FOR SEVERABILtTY AND AN EFFECTIVE DATE. Seconded by Commissioner Lyons and carded by the vote of the Commission as. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye S~,lary increase for Police Chief. The City Manager reported that in the appointment of Police Chief Dillard the Commission will need to determine the rate of pay at which he will begin service as Police Chief, and that Ralph Russell received a 9% increase upon becoming Police Chief. Commissioner Eckstein moved to authorize a 9% salary increase for Joe A. Dillard upon becoming Police Chief. Seconded by Commissioner Thomas. Commissioner Lyons proposed a 3% to 4% salary increase. City Manager Simmons reviewed the various steps within the pay scale for Police Chief, including Step 9, no pay increase involved; and Step 12 which provides a 9% salary increase. Further, according to the salary survey that led to the Commission giving Ralph Russell a Special Merit, the Police Chief's pay scale is lower than comparable salaries within the area. becoming Police Chief. Said motion carried by the vote Mayor Smith called for a vote on the foregoing motion to authorize a 9% salary increase for Joe A. Dillard upon of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay Audience Participation, Larry Blair, 407 West 27th Street, appeared and reported that he submitted a request to be on tonight's agenda. City Manager Simmons reported that the request received was for the January 13, 1997, meeting. Mr. Blair stated that he submitted an additional request to Diane last week. 1996 E405354 MINUTES " City Commission, Sanford, Florida Re~la~ Deeem~e~ 23 19, 96 Commissioner Howell moved to approve the request to waive the 2,000 foot distance requirement between churches and vendors of beer, wine and liquor for consumption on premises, for Stooges at 2491 South Park Avenue. Seconded by Commissioner Eckstein. After discussion, the Chairman called for a vote on the foregoing motion. Said motion failed to carry upon me vote of the Commission as follows: Attest: Mayor Smith. Nay commissi0ne~- Eckstein Aye Commissi0fter Thomas Nay Commissiiai~r 1216~11 Aye ComifiissiO~tbtr L~ons Nay There being no further business, the meeting was adjourned.