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042400 ws/rm min.E718672 City MINUTES 4:00 Commission, Sanford, Florida P.M. WORK SESSION April 24 il000 The City Commission 6f the City of Sanford, Florida met in Work Session on Monday, April 24, 2000, at 4:45 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attomey William L. Colben Commissioner Velma H. Williams The Chairman called the meeting to order. Mayor Dale reported the Work Session was started late today in honoring the funeral service for Commissioner McClanahan. PBA Building. City Manager VanDerworp reported the City had a lease with the Amvets Post 17, and had a sub-lease with the Word for Right Now International Ministries. The City received a letter from the Amvets Post 17 thanking the City for the use of the building over the past several years and informing the City that they wished to exercise their right to cancel the lease. The City also received a letter from the Word for Right Now International Ministries stating they would like to continue to lease the building at $500.00 a month, and that they would do the needed repairs to the building at no cost to the City. The City also received a letter from the Sanford VFW Post 10108 stating an interest in leasing the PBA Building. The last time the Commission considered this building Staff indicated there were a number of things that needed to be done to the building to bring it into compliance with the City codes and to be habitable, which included work on the electrical system, roof repairs, fixing several leaks around the exterior, replacement of doors and the exterior wood ramp, and some renovation to the restrooms. Also, at the last Commission meeting the City Manager was given authorization to get appraisals on all City property on the lake front. In consideration of the condition of the building, and in consideration of making the lake front properties into tax-paying properties in the City, the City Manager recommended that the City not enter into a lease for the PBA Building with anybody at this time. (Commissioner Willjams joined the meeting.) Mayor Dale reported he has had discussions regarding joining the PBA property with the Andre Hickman property. City Manager VanDerworp reported the Commission has also received a request from Mr. Hickman, with the Southshore property, to join with the PBA property and to take a look at a portion of the Public Works facility on the lake front that is not being used, and to bring the three properties into one development proposal. Commissioner Willjams requested that Word for Right Now Intemational Ministries, the sub-lessee, be given time to relocate. The Commission concurred that the City Manager negotiate a month to month lease with the Word for Right Now International Ministries until they can relocate, for Commission review and approval, then not lease the building. Monument honoring war veterans. Evelyn Bennett, Recreation Supervisor, reported a monument honoring war veterans has been proposed to be erected in Memorial Park, and four companies which would like to erect the monument have responded. She shared pho~ographs and parChlets showing the type of work each company does, and she reported the cost ranges between $40,000 and $50,0QQ for a monument. staff recommends forming a committee with representatives from different groups, E718672 City MINUTES Commission, Sanford, Florida 4:00P.M. WORK SESSION April 347 24 ~000 and the committee sponsor a fund raising project to pay for the monument, and the City could pay for the installation, landscaping, irrigation, lighting, etc. Ms. Bennett reported that Sam Christiani has expressed an interest in helping to form the committee. Commissioner Lessard and Mayor Dale agreed that a committee would be preferable because the public could be more involved in the decisions, and have a variety of input. (Commissioner Williams left the meeting briefly and returned.) Commissioner Eckstein reported that he felt that veterans of the Korean War and the Vietnam War should be included in the memorial, as well as veterans of World War II (which was the original request of Nell Snow). Ms. Snow reported that World War II was the defining moment in history, and if you are going forward to the more recent wars, why not go backward to World War I, the Civil War, and the Seminole Wars that were fought in Sanford' s Fort Mellon Park. If other wars are to be included, each should have its own plaque with the names of its veterans listed, with a designation if they were POW's or MIA's, and a star attached next to the names of the deceased veterans. She also reported that in her original request, she had suggested Fort Mellon Park, not Memorial Park, so that people would have a large shaded area in which they could sit next to the memorial and contemplate their thoughts in a cool, pleasant environment, and participate in the memorial celebrations. A~er lengthy discussion the Commission concurred to proceed with forming a committee to provide recommendations on what type of monument, the location, and to raise funds. Amended Airport Budl~et. Victor White, Executive Director of the Orlando Sanford Airport, and Bryant Garrett gave an overview of the amended operating budget for FY 1999/2000, which was approved by the Sanford Airport Authority Board at its April meeting. The intent of the budget amendment was singularly to address the issues that were brought up by the new contract for management of the domestic terminal. The amendment reflects the new revenues to be received from TBI and its subsidiary Orlando Sanford Domestic (OSD), and a change in the expense side where some expenses have been given up. Mr. White reported the Airport has changed its budget to a favorable $306,161.00 in terms of surplus based upon the increase in revenues and the decrease in expenses. Excluding debt service for the principal payments on the capital, the surplus is $628,646.00. The Commission will vote on the amended budget at tonight's meeting. Special Election. Mayor Dale reported the Commission will vote on a Resolution tonight to set the date for a special election, which the Charter mandates to be held no sooner than 60 days, and no later than 90 days, from the date of the vacancy, which in this case was April 19, the date of Commissioner McClanahan's death. City Clerk Janet Dougherty reported the period of time in which the City could hold the election was between June 19 through July 19, but when the time needed for qualifying is factored in, it brings it to no earlier than the week of June 26. The Commission concurred to vote on the Resolution tonight to set the election date for June 27, 2000. Reclaimed Water AugmentatiOn Project. City Manager VanDerworp reported there are two items on the Consent Agenda for tonight from CP&H regarding the Water Augmentation Project, and David Gierach was in attendance, with Paul Moore, to answer any questions about the consent items or the project. Paul Moore, Utility Director, reported this is a 45% matching grant with the St. Johns River Water Management District, and the total available for the grant is about $1.7 million. The Commission will vote on the consent items tonight. 348 E718672 MINUTES City Commission, Sanford, Florida WORK SESSION April 24192000 Add-On Items. City Manager VanDerworp reported he has two add-on items for tonight's agenda: the Cloud Branch Creek Drainage Project Retention Pond (at zero cost), and an emergency purchase order to demolish Ridgewood Villas, with funding from reserves. The bids for the demolition of Ridgewood Villas ranged from $60,000 to $160,000 plus, and Staff is recommending the low bidder. There being no further business, the meeting was adjourned. Attest: E718~72 City MINUTES Commission, Sanford,. Florida 7:00 P.M. REGULAR MEETING 349 April 2~92000 The City Commission of the City of Sanford, Florida met in Regular Meeting on April 24, 2000, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Commissioner Whitey Eckstein, Vice Mayor Commissioner Velma H. Williams Commissioner Brady Lessard City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty Absent: Mayor-Commissioner Larry A. Dale Chairman Eckstein called the meeting to order. Commissioner Eckstein reported that the funeral for Commissioner McClanahan was held today, and he thanked the Police and Fire Departments for their participation and cooperation in the service. He also wished God speed to Commissioner McClanahan's family. Presentation. Howard Jeffties presented to Commissioner Lessard the Tree City USA Award for 1999, which was awarded to Sanford. Mr. Jeffties reported that Sanford has been an active participant in Tree City USA since 1987, and in order to receive this award Sanford must apply for certification at the end of each year, and supply documentation showing that it has developed and is administering a comprehensive tree management program. Other obligations are to set minimum standards for tree protection and maintenance, spend $2.00 per capita for tree management, and observe Arbor Day with other cities across the nation. Sanford is one of the few cities in the nation that celebrates three Arbor Days every year: Florida Arbor Day on the 3rd Friday in January, Sanford's Arbor Day on the second Monday in February, and National Arbor Day this Friday. Sanford has met all of its obligations and has been approved by the Florida Division of Forestry to receive the 1999 award for Tree City USA, and Sanford is one of only four cities in Florida officially designated as Tree City USA. Commissioner Lessard accepted the plaque and flag on behalf of Sanford. New Deputy City Manager. City Manager VanDerworp introduced Roger Dixon, the new Deputy City Manager for Sanford. Citizen participation. Nell Snow, 176 Woodridge Trail, reported apartments are being built all around Sanford, and she is concerned where the drinking water is going to come from. She also asked the citizens of Sanford to show a little more civility when things come up before the Commission which they oppose. There has been a great deal of late night phone calls, some anonymous and some caller identified, and Commissioner McClanahan had received at least three such calls, with a great deal of profanity and very vulgar language. Also, there is another well-respected gentleman in town whose wife has told him he cannot participate in anything in the City of Sanford anymore because she answered the phone one night when this kind of call came in. She requested the Commissioners and the citizens of Sanford, if they know anyone who is making this kindof calls, tell them it is improper conduct and it needs to stop. Ms. Snow presented to Sanford a $100.00 donation toward the proposed war memorial in honor Commissioner McClanahan. (Mayor Dale joined the meeting.) David Kelly, 321 Magnolia Avenue, thanked Police Chief Tooley for the great job he is doing in getting the officers out and for the bicycle patrols, and feels the Chief is doing a wonderful job. 350 E718672 MINUTES 7:00 City Commission, Sanford, Florida P.M. REGULAR MEETING April 24 15000 Commissioner Eckstein passed the gavel to Mayor Dale. Approval of minutes. Commissioner Lessard moved to approve the minutes of the April 10, 2000 Work Session and Regular Meeting. Seconded by Commissioner Williams and carried by vote of the CommisSion as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Public hearing and second reading of Ordinance No. 3554 to annex a .35 acre portion of property lying between Magnolia Avenue and Palmetto Avenue and between 291h Street and 30th Street (2916 S. Palmetto Avenue). Bertha Drake, owner. Ad published April 13 and April 20, 2000. Ordinance No. 3554 was read by fide. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3554. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3554, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A 0.35 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN MAGNOLIA AVENUE AND PALMETTO AVENUE AND BETWEEN 29TH STREET AND 30TH STREET; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Public hearing and second reading of Ordinance No. 3555 to annex 30.57 acres of property lying between the Seaboard Coastline Railroad and Iowa Avenue and between N. Kennel Road and Creek Road. Pemberton, Inc. and Sid Vihlen, Jr., owners. Ad published April 13 and April 20, 2000. Mayor Dale reported that this Ordinance had passed first reading, and since then he has received a letter and met with the owner of the properly, Sid Vihlen, who has requested the second reading of this Ordinance be continued in order that it can be heard simultaneously with the site plan for initial land use and future land use. Commissioner Eckstein moved to continue this Public Hearing until May 22, 2000. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Public hearing and second reading of Ordinance No. 3556 to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan, changing the designation of 9.97 acres of property lying between Americana Boulevard and Lake Marv Boulevard East and between Rolling Hills Boulevard and Highway 17-92, from HDR, High Density Residential. to GC, General Commercial Ron Howse, P.A, owner. Ad published April 13, 2OOO. E718672 MINUTES 7:00 City Commission, Sanford, Florida P.M. REGULAR MEETING April 351 2 4 .ooo m Ordinance No. 3556 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3556. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3556, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION OF APPROXIMATELY 104- ACRES OF PROPERTY LYING BETWEEN AMERICANA BOULEVARD AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND ROLLING HILLS DR. FROM HIGH DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Public hearinfl and second readinfl of Ordinance No. 3528 to adopt the First Comprehensive Plan Amendment of 2000, based on no objections from the Florida Department of Community Affairs. Ad published April 19, 2000. Ordinance No. 3528 was read by title. City Manager VanDerworp reported that Item 15 of this Ordinance is the property that the Commission just voted to continue the annexation for until May 22, 2000. Commissioner Lessard moved to remove Item 15 from this Ordinance for future consideration at a date certain for the annexation previously determined. Seconded by Commissioner Willjams. Sid Vihlen, Jr., 204 N. Park Avenue, owner of the parcel in Item 15 of Ordinance No. 3528, reported he was under the impression that the property was already designated for industrial. Mr. Marder reported this property does not need to be included in the comprehensive plan in order for Mr. Vihlen, Jr. to proceed with his proposed development, but it was included, as all annexed property is included, because the City feels more comfortable when annexed property is included in the Comprehensive Plan of the City. Mr. Vihlen understands that this annexation will be included in the second Comprehensive Plan of 2000 for the City of Sanford. Mayor Dale asked for public comment on the removal of Item 15, and there was none. The motion to remove Item 15 was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner EckStein Aye Commissioner Williams Aye Commissioner Lessard Aye Mayor Dale reported the Commission would hear from those persons present to speak for, or in ~~- to, Ordinance No. 3528. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3528, less Item IS:, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE FIRST ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT; ADDING PROPERTY ANNEXED INTO THE CITY TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE. DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye 352 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 24 1~000 Public hearing and first reading of Ordinance No. 3558 to rezone 1.954- acres of property lying between Country Club Road and W. 251h Street and between Airport Boulevard and the proposed Central Florida Greeneway (2720 W. 251h Street) from AG, (Agriculture) to GC-2 (General Commercial). KMR Inc., owner. Ad published March 24, 2000. Ordinance No. 3558 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3558. No one appeared. On recommendation of the City Manager, Commissioner Williams moved to adopt Ordinance No. 3558, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 1.954- ACRES OF PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN AIRPORT BOULEVARD AND THE PROPOSED CENTRAL FLORIDA GREENEWAY, FROM AG, AGRICULTURAL TO GC-2 GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Consideration of Seminole Volunteer Enterprises Mediated Settlement Agreement. Mayor Dale reported that this issue was considered at the May 10, 2000 Commission Meeting, and no action was taken because there was no second to the motion. City Attomey Colbert reported it is legally appropriate for the Commission to take action to approve or disapprove the mediated settlement. He advised the Commission that on May 11, 2000 there was a hearing before the Court and an Order was entered by Judge Freeman that created a 90-day Stay of any action to amend the underlying Development Order. Today the City Attorney received a letter shortly before 5:00 p.m. from Mr. Gorenflo, who represents the plaintiffs, and it is their position that the City previously rejected the mediation agreement. The City Attorney reported his position is that the City took no action. Secondly, it is the plaintiffs position that since the temporary injunction was entered the City is prohibited from taking any action, and he disagrees with that to a point. The City Attorney advised the Commission it had the option to either approve or disapprove the mediated settlement. If it chooses to approve the mediated settlement agreement, he recommends it be approved subject to Court approval, because any mediated settlement would need to be approved by the Court. This action would go a long way in addressing the objections that were raised in the letter from Mr. Gorenflo. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, this issue. Joe Desantis, 714 S. Magnolia Avenue, reported he is one of the seven plaintiffs who filed suit against the City regarding the soup kitchen issue. He questioned why consideration of a previously mediated settlement between the City, the plaintiffs, and Seminole Volunteer Enterprises, is on tonight's agenda, and why the Commission appears to be ready to take another illegal action that will result in the plaintiff's attomeys filing for a Motion of Contempt against the City first thing tomorrow morning if the issue is voted on tonight. Mr. Desantis reported that in November three of the Commissioners cast votes that violated the City' s Land Development Regulations which basically said that Jean Melts was above the law. On January 18, the plaintiffs sued the City of Sanford because of the votes of three Commissioners. The plaintilTs Verified Complaint and Declaratory Request for Injunction Relief challenged the City's Development Order E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 353 24 192000 granting Seminole Volunteer Enterprises not only an illegal dimensional variance, but a total waiver for the required number of parking spaces. On March 30th the parties met to resolve this litigation through mediation. On March 30th the parties reached an agreement that was contingent upon approval of the Sanford City Commission. On Monday, April 10th, the City Commission met and unilaterally rejected the settlement agreement. The motion by Commissioner Eckstein did not even receive a second, because Commissioner Williams decided to play political poker with the tax payers' money; hedging a bet because one Commissioner was absent and she could not be sure how the Mayor would vote. The failure of the City Commission to approve the mediated settlement at the last meeting caused the plaintiffs in the case to immediately prepare for a temporary injunction hearing previously scheduled for April 11, the next day after the Commission's rejection, before Circuit Judge Tom Freeman, again at great legal expense. Two days later, on April 13th, Circuit Judge Tom Freeman entered a Temporary Injunction that enjoined the City of Sanford from taking any action that would modify, change or alter the City's Development Order for a period of g0 days. The City had its chance to vote on this issue two weeks ago, and because the numbers were not favorable to those who voted in favor of this mess back in November, some of the Commissioners sat on their hands, thumbed their noses once again at the residents of the Historic District, and took no action. The plaintiffs are tired of the games some Commissioners have played with this issue. The plaintiff s attomeys, and the attorneys for Seminole Volunteer Enterprises continue discussions outside the confines of this Chambers' three-ringed, soup kitchen circus in efforts to reach a settlement that is more amenable to the parties involved; partly because some of the people that occupy the Commission's dias have left the citizens less than confident about enforcement of any mediated settlement. Some of the Commissioners breached that confidence and broke that public trust back in November. If this Commission votes on an amended Development Order this evening, that action will clearly, and on face value, alter and amend the original Development Order of November 22, 1999, which three Commissioners voted in favor of. If the Commission compounds its original folly with another this evening, the plaintiffs will immediately ask the 18th Judicial Circuit why the City of Sanford shall not be held in Contempt of Court for willful violation of Judge Freeman's 90 day Injunction, rendered just eleven days ago, on April 13th. Mayor Dale reported the reason this issue is on the agenda tonight is because the Mediated Settlement Agreement, which he and the plaintiffs attended, states in Item No. 4 of the first page, that this Mediated $~ttl~4nent Agreement is contingent upon approval of the City Commission of the City of Sanford, Florida. It did not say at the Commission's next scheduled or regularly scheduled meeting. The Mayor put it on the agenda again because the Commission did not take action on it. The Commission did not unilaterally reject it, a motion was made and there was no second. Part of the reason the Mayor did not second the motion was because having attended the Settlement Agreement, he, and everyone else, was separated into caucuses, so he was not privy to what the plaintiffs had to say, and they were not privy to what he had to say, nor was the Mayor privy to what the interpleader (or the Jean Metts group) had to say. He was not privy to why the Mediated Settlement Agreement was approved by the plaintiffs and the third party. The City Manager signed it subject to City Commission approval, but mainly because everyone else had worked it out. Mr. Desantis reported it is the plaintiffs' position that the City Commission did not take action two weeks ago because the people that wanted it passed didn't have the votes that night, and he realized the politics that were being played that night. Mayor Dale reported he assumed that the plaintiffs wanted it passed because they had agreed to the mediation, and he was surprised at the last meeting when he asked if there was anyone to speak on the issue and no one 354 E~18672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 24 1~000 came forward. Mr. Desantis reported they were waiting to see what the Commission would do next with this hot potato. Mayor Dale reported he does not feel that anyone was playing political games two weeks ago, but rather everyone was truly confused where the Commission stood on the issue. He was surprised when a settlement agreement had been reached on that day, and he was surprised when there wasn't a second to the motion on the 10th. The Mayor again stated that the Commission did not take action on the issue, and action needs to be taken. Mr. Desantis reported that the Mayor was involved in the mediation, and the Mayor knows that all the parties signed the agreement (the City Manager having signed on behalf of the City), to keep confidentiality about what went on behind closed doors. No one is at liberty to discuss what went down during the mediation. He feels there is a general feeling among the plaintiffs that the City pretty much put a gun to their heads, without going into details. He further reported he is not going to find himself in Contempt of Court for commenting on the particulars of certain phases of the negotiation and comments that were made. Mayor Dale reported unfortunately he was not privy to that; the Attorney signed the Confidentiality Agreement, and the Mayor was a little aggravated because Howard Marks tried to claim victory and called the press and said they had won. Mr. Desantis said five minutes after Mr. Marks left the room he faxed the newspapers copies of the agreement, so obviously some people have to play by the rules and some don't. Mr. Desantis reported the plaintiff' s position tonight is that if the Commission tries to take any action on this tonight, their attorney will file a motion in the morning (which Mr. Desantis reported he had a copy of) to find the City in Contempt of Court. Mayor Dale reported he feels the plaintiffs would have a hard time proving Contempt of Court because if they did take action tonight it would be subject to Court approval. Mr. Desantis reported he feels their attorney is operating under the premise that the 90 day injunction is still in effect and there shouldn't be any action taken at this time. Mayor Dale asked Mr. Desantis if the plaintiffs are now saying they wish they had not agreed to the mediated settlement, that they have changed their minds, or that they felt duress at the time. Mr. Desantis reported he is just trying to reiterate their attorney's position. Linda Kuhn, 3 13 Palmetto Avenue, reported the plaintiffs were willing to abide by the mediated agreement that they had previously come to. As a result of the protracted legal issues they have had to go through, they are no longer amenable to that agreement. They feel that in conversations with Seminole Volunteer Enterprises and their own attorney, that they have probably tentatively reached what they all believe is a better agreement, so they are asking that the Commission not approve the agreement before them tonight. Ms. Kuhn also reported that last Thursday there was a motion filed by Ms. Metts' attorney to act as an intervenor and that motion was denied, so the law suit is strictly between the City and the plaintiffs. Jean Metts, 5601 Orange Blvd., Lake Monroe, reported she was at the mediation and thought everything was settled. She reported that half of those seeking emergency food assistance in Central Florida are children (from the Second Harvest Homeless Study Faces and Facts, 1997). For the first time in our history a strong economy has failed to reduce hunger and food insecurity. In 1998, 30 million Americans lived in households that experienced food insecurity (from A Paradox of Our Times: Hunger and A Strong Economy, from the Center of Hunger and Poverty at Tuft's University). Ms. Metts closed by quoting: "Speak up for those who cannot speak for themselves, defend the fights of those who have nothing, speak up and judge fairly, and defend the rights of the poor and needy"; from Proverbs 31:8-9. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 355 2 4 Commissioner Williams reported that the Mayor indicated he did not speak for her, and he was correct. She can articulate what she thinks and feels herself. However, she will not articulate any concems or dignify responding to accusations that are based on one's opinion, as opposed to fact. Commissioner Williams moved to approve the Seminole Volunteer Enterprises Mediated Settlement Agreement, subject to Court approval. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay First reading of Ordinance No. 3557 to annex approximately .5 acres of property between SR46 (W. 1st St.) and- Smith Canal Road and between EIder Road and Sewell Road: 4301 W. 1st Street. Helen L. Stapler, owner. Ordinance No. 3557 was read by title. On recommendation of the City Manager, Commissioner Willjams moved on the first reading of Ordinance No. 3557, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, 0.77 ACRES OF PROPERTY LYING BETWEEN WEST STATE ROAD 46 AND SMITH CANAL ROAD AND BETWEEN SEWELL ROAD AND ELDER ROAD SOUTH; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Approve revised FY99/00 Sanford Airport Authority budeet. On recommendation of the City Manager, Commissioner Lessard moved to approve the revised FY99/00 Sanford Authority budget. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Boards appointments. Code Enforcement Board. Commissioner Lessard moved to appoint Russell Lord to the Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Oreanizational matters. No action was taken on this issue. Adopt Resolution No. 1843 re: amending the Classification and Pay Plan to reelass one Code Compliance Officer to Code Enforcement Officer in the.Community Development Department. Resolution No. 1843 was read by title. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1843, entitled: 356 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 24 192000 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA TO PROVIDE FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN" TO PROVIDE FOR THE RECLAS SIFICATION OF ONE (1) CODE COMPLIANCE INSPECTOR TO CODE ENFORCEMENT OFFICER IN THE COMMUNITY DEVELOPMENT DEPARTMENT/BUILDING & CODE ENFORCEMENT DIVISION PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Adopt Resolution No. 1844 re: setting the date for a Special Election to fill the vacant commission seat in District 3. City Clerk Janet Dougherty reported the Commission concurred at today' s Work Session to hold the election on Tuesday, June 27, 2000. Mayor Dale reported this date meets the time for qualification and falls within 60 to 90 days of the date of the vacancy. Resolution No. 1844 was read by title. On recommendation of the Mayor, Commissioner Lessard moved to adopt Resolution No. 1844, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON JUNE 27, 2000, FOR THE PURPOSE OF ELECTING A COMMISSIONER FOR SEAT 3; ESTABLISHING A QUALIFYING PERIOD; DESIGNATING THE POLLING PLACES FOR EACH PRECINCT IN THE CITY OF SANFORD; PROVIDING FOR ABSENTEE BALLOTS; AND DIRECTING THE CLERK TO DO EVERYTHING NECESSARY AND EXPEDIENT FOR HOLDING SAID ELECTION. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye City Clerk Janet Dougherty reported qualifying will begin May 1, 2000. The Commission requested that the City Clerk issue a press release regarding the election and qualifying dates. Consent A_genda. On recommendation of the City Manager, Commissioner Lessard moved as follows: Award Bid #1FB99/00-04 for Reclaimed Water Augmentation Project to Wharton-Smith Inc. in amount of $1,192,000 subject to review by the City Attorney and authorization by EPA/SJRWMD. Approve Amendment No.56 to CPH Engineers agreement, for design and permitting of a Chlorine Handling Facility at the Water Reclamation Facility. Total engineering fee is $39,087. Approve Amendment No. 59 to CPH Engineers agreement for engineering services for the reclaimed water augmentation project (construction services Phase I, design services PhaSe II), in mount of $92,792.00. Approve Amendment No. 35 to CPH Engineers agreement for the design and permitting of chlorine handling facilities at both Water Treatment Plants, in amount .of $45,980.00. Accept proposal from Ecotech for the control of cattails in the various ponds at Site 10, at a cost of $2,640.00. E718672 MINUTES City Commission, Sanford, Florida 7: 0 0 P.M. REGULAR MEETING April 357 24 1~000 Approve street closure of 4th Street from Park Avenue to Magnolia Avenue on May 6th, 2000 from 7:00 a.m. to 4:00 p.m., in conjunction with Holy Cross Episcopal Church's Spring Marketplace. Authorize settlement of Cornell Young's Workers Compensation Claim; settlement amount $25,000 inclusive of attomey fees. Authorize purchase of 20 mobile communication terminals for police cars in amount of $68,200 from LLEB grant ~mds and Law Enforcement Trust Funds. Approve Change Order #2 in amount of $2,770.94 to contract with General Constructors, Inc., (GCI) for additional work at Chase Park Baseball Complex. Approve street closure of Magnolia Avenue from 2nd Street to 3rd Street from 3:00 p.m. on May 5, 2000 to 12:00 noon on May 8, 2000, in conjunction with the Helen Stairs Theatre Grand Opening. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Add-on items. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Cloud Branch Creek Drainage Project - Retention Pond at Pineburst Park. On recommendation of the City Manager, Commissioner Lessard moved to approve the agreement with Martin K. Eby Construction Company (EBY) to construct the planned retention pond, (with associated pipe & structures), in exchange for the dirt removed during construction at zero cost to the City. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Demolition of Ridgewood Villas. On recommendation of the City Manager, Commissioner Lessard moved to authorize expenditures from City Reserves in an amount not to exceed $65,000.00 under an emergency purchase order for demolition of Ridgewood Villas. vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye City Attorney's Report. Seconded by Commissioner Williams and carried by City Attomey Colbert reported regarding the Seminole Club, or Golf Course, litigation; there is an Attorney/Client Session scheduled for Thursday, April 27, 2000. Mediation is set for May 11, 2000. As~.~f~e City Attorney' s preparation, it was concluded that it would be appropriate to have a professional appraisal done course, by someone who is qualified to make appraisals of golf courses. The purpose of the appraisal is becaU~ ~ ~,~..~.the things alleged in the complaint is a failure to maintain the golf course, and it is believed an appraisal would be useful in helping the Court understand what the damages would be for failure to maintain. Also, it is alleged that there is inadequate consideration being paid to the City (that is there is no consideration being paid to the City), and an appraisal 358 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING April 24 ?9000 through the income approach would help quantify the clear value. Mayor Dale reported he would also like an appraisal of the fair market value of the property itself. Commissioner Eckstein moved to authorize the City Manager to have an appraisal done for the golf course and for the property, with the funds expended from the Reserve Account. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye City Attorney Colbert reported regarding the Gas Properties case; he will attend a hearing on May 3, 2000, and advise the Commission of the outcome. The defendants have filed a motion to enforce what they consider to be a settlement agreement that they say was entered into last year; the City Commission did not approve the settlement agreement. Sanford filed a response stating that was a different case, the case that is pending right now is the foreclosure case. Also, the settlement they are trying to enforce is remote in time in that they never attempted to indicate they were willing to accept some type of settlement until about eight months after discussing it. Citv Clerk's Report. No report. City Manaeer's Report. 1. Reported if the Commission had any questions on the Code Enforcement Lien, the Front Porch Application, or the Master Plan for Goldsboro and Georgetown they could contact him directly. He also reported there will be a Community Meeting on the Goldsboro and Georgetown Master Plan in three to four weeks. The City has received a request to use the Department of Agriculture's barges for the Fourth of July pyrotechnics.. The City is preparing the barges, and the people who will be doing the fireworks will be on a separate structure and using the barges as a platform for the launches. Reported that the School Board is declaring the Velma Mitchell building (the old south side elementary school) as surplus. He asked the Commission to think about any potential uses the City may have for that building. He reported he has an information packet on the building; it can be opened up and expanded, but it has limited parking. The City needs to respond to the School Board on this issue as soon as possible. Reported that the Finance Director has informed him that Kevin Smith has passed the CGFO Certified Government Financial Officer exam; and Vicki Lewis, Purchasing Agent, has passed part one of the four part exam for becoming a Certified Purchasing Manager. City Commissioners' Reports. Commissioner Eckstein - Moved to name the new fire station, which is in District 3, after ~e late District Commissioner, A. A. "Mac" McClanahan, and present the action to Commissioner McClanahan's family. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING April 359 24 1~000 Mayor Dale reported the new fire station will be dedicated to Commissioner McClanahan. Commissioner Eckstein reported that it was Commissioner McClanahan who led the charge for equalizing pay for Fire Department employees and Police Department employees, and treating Fire Department personnel as important as the Police Department personnel. Mayor Dale reported that Commission McClanahan had a degree in Criminology. Commissioner Williams - Reported she had met with County Commissioner Daryl McLain to discuss the renaming of Airport Boulevard to Dr. Martin Luther King Boulevard, and in view of concerns that had been expressed, they decided that each would go to their respective Commission to ask for support of a memorial type of project. This project would consist of a Memorial MLK Highway, with Airport Boulevard retaining its name. She asked for support of the proposal from the Commission, and approval for City Manager VanDerworp to meet with County Manager Kevin Grace and create a formal proposal and bring the particulars back to the City Commission. City Manager VanDerworp reported that the concept for the proposal is a concrete base with a bronze plaque with relief, at both ends of the roadway. Mayor Dale reported the Commission should authorize the City paying for a marker at one end of Airport Boulevard, and the County paying for one at the other end. The marker should be large enough to read, and printed on both sides. The Commission concurred and authorized the City Manager to work with the County Manager and bring back specifics to the Commission. Commissioner Lessard - Thanked Chief Tooley for his response and assistance in addressing the concerns of Lewis and Andrea Fine and their neighbors. Mayor Dale - Thanked the Police Chief and his department on their participation in Commissioner McClanahan's funeral. Commissioner Williams - Reported that Sanford has lost a great humanitarian in Commissioner McClanahan. She also commended Chief Tooley and his Officers for the presentation at the Boys and Girls Club on Saturday. Also, she commended the Police Officers and the Sheriffs Officers on the way they handled a situation at Academy Manor on Sunday evening. She reported that at some point, the City is going to have to learn to deal with the situation where there is a park where 500 or 600 people gather without a permit, with a disc jockey. People who live in Academy Manor could not get into their homes, because the driveways were blocked and cars were parked on the street. Most of the people who were at the park did not live in Academy Manor. · ' There being no further business, the meeting was adjourned. Attest: