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072400 rmE718672 MINUTES City Commission, Sanford, Florida 7:00 O.m. Regular Meeting 453 July 24, b~)00 The City Commission of the City of Sanford, Florida met in Regular Meeting on July 24, 2000, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: The Chairman Citizen participation. Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Randy Jones City Attorney William L. Colben City Manager Anthony VanDerworp City Clerk Janet R. Dougherty called the meeting to order. Doreen Freeman, 705 Mellonville Avenue, asked why the Work Session meetings are held on the second floor instead of in the Commission Chambers. Mayor Dale reported it is because the Commission feels the conference room on the second floor is more conducive to discussions among the Commissioners. Ms. Freeman asked what is being done about parking at the Stadium. Mayor Dale reported the City is still negotiating with the School Board on parking areas. Ms. Freeman asked if bids have been received for the Conference Center. Mayor Date reported an RFP has not been done for the Conference Center. Ms. Freeman reported the safety and protection of the citizens of Sanford should be the number one priority of the Commission, and both the policemen and firemen should be compensated fairly and competitively for laying their lives on the line for the citizens. The Commission should deviate from the Conference Center and take care of the Police and Fire. Further, she is totally against four-laning 17-92 from I-4 to 1 st Street; there is no benefit to traffic control, it would destroy the lakefront, it would be taking away from the beauty of the road and would create a hazardous condition. Art Harris reported he is disappointed with the City for not being involved in the recent golf clinic at the Mayfair Golf Course. There was not one child from the Westside Recreation Center, nor any representative from the City. He reported they used to have golf clinics in the past but the City did not become involved in them so they stopped having them. They now must have the clinics according to the Settlement with the City. City Manager VanDerworp reported he will find out why no one attended from the West Side Boys and Girls Club. Mary Greenwell reported she toured the Velma Mitchell school and talked to the realtor who said there are several people who need about 5,000 feet for various activities. The building is about 28,000 square feet, and is just waiting for the City to take it over and use it. She reported the City needs to send a letter of intent to the School Board saying it is interested in the building. Millard Hunt, 801 E. 2nd Street, reported he spoke with the Executive Vice President of the Central Florida YMCA and he outlined for Mr. Hunt the kinds of uses that could be made of the Southside school. The Executive Vice President suggested that Mr. Hunt talk with the Seminole County Y. He did state that the Y could do any number of things to produce programs for a community, and would even consider renting by the hour a facility, or part of a facility, for a particular program. Mr. Hunt reported that Diane Kramer had told him that as far as she was concerned, the City could acquire the school for no charge, but that would have to go to the School District Board. Mr Hunt reported the City needs to be concerned with crime prevention, and that means, among other things, recreation for children. He reported it would be wise for the Commission to dedicate some funds in the budget to the concept of crime prevention. Possibly a Police 454 MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting July 24, 2~)00 Athletic League, which the police could participate in, could be focused at a Community Center at the Southside School. Commissioner Lessard reported if the building were free the City should take it, even if it has to put money into it before it can be used. Mike Kirby, Recreation and Parks Director, reported it is a good building next to a City park, but there is no gymnasium. City Manager VanDerworp reported he will talk to the YMCA to see what their needs are and if they are willing to contribute anything. Mayor Dale reported he looked at the building, it is an old building and the basement has always leaked. It could easily take a million dollars to put the building in a condition in which the City could use it in a safe manner. If the building were used for the public there is a liability in the asbestos and the lead paint in the building. Also, it would take a lot of taxpayers money annually to maintain the building. Commissioner Lessard reported he and Ms. Greenwell will meet with Ms. Hartsock of the YMCA. Commissioner Jones reported what the School Board needs is a letter from the City asking if they will hold the school off the market for a short period of time to give the City some time to look at its options. Mayor Dale reported he didn't know if the School Board would be willing to do that, they did not make that offer to him. Ms. Greenwell reported that the offer was not made to her either, but the School Board said they had not heard back from the City, and she feels at this point the City could present a very loose option that would help a great deal, and the realtor agrees with her. Nell Snow, 176 Woodridge Trail, reported the widening of 17-92 would be a travesty and would be of no advantage for the majority but just a financial advantage for a few. She asked if the $250,000 to restore the bulkhead at the point is in the budget. City Manager VanDerworp reported the money is in the budget. Ms. Snow reported the Memorial Committee would like to have the Memorial completed by next Memorial Day, and would like to have the work on the bulkhead done as soon as possible. She also reported, while speaking at the Optimist's Club, she was asked what had happened to plaques that used to be around town commemorating specific individuals from World War II. Mayor Dale reported he had been asked that same question by someone else, and he was not aware of those plaques and does not know what happened to them. Ms. Snow reported it would be nice if those plaques could be located and incorporated in the new Memorial. Ms. Snow reported the base of the flag pole in Memorial Park was erected in 1973, and she would like some information on the material used for it so the Memorial could have a similar base. Mike Kirby, the Building Department and Mike Crumpton will get the information for Ms. Snow regarding the flag pole base. Tyrone Alexander, 16th Street, commended the Mayor for moving forward on Police issues. He further reported the footbridges over Mill Creek were dangerous and some child is going to get hurt on them. Chuck Hargrove of the Public Works Department reported the closure of Mill Creek should begin after the first of the year, and should be completed about May, 2001. Mayor Dale reported routine maintenance of the bridges and mowing of the Mill Creek area will be monitored until the closure is completed. MonarCha Marcett, 801 South Park Avenue, asked why the recreation activity room is no longer located in the Recreation Department and the equipment is being auctioned. Mike Kirby reported the equipment was very old, and the summer playground has been moved to the Civic Center. Approval of minutes. Commissioner Lessard moved to approve the minutes of the July 10, 2000 Regular Meeting. Seconded by Commissioner Williams and carried by vote of the Commission as follows: MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting 455 July 24, ?_~)00 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Budeet and MillaCe. Commissioner Eckstein moved to acknowledge the current year rolled-back millage rate of 6.6028. 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 Commissioner Jones Aye Commissioner Lessard moved to set a proposed millage rate of 6.75. Seconded by Commissioner Williams. Commissioner Eckstein reported even though the Commission has had budget work sessions nothing has been decided on yet and he does not want to set the millage rate with many things still not settled that could have an adverse effect on the millage rate. City Manager VanDerworp reported the Commission will probably have at least one more Budget Work Session, and the issues should all be resolved at the end of that Work Session. The first Public Hearing for the budget will be in September. Commissioner Eckstein moved to amend the motion to set a proposed millage rate of 6.85. 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 Nay Commissioner Jones Aye The motion to set a proposed millage. rate of 6.85 was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Jones Aye Commissioner Eckstein moved to set a public hearing on the tentative budget to be held at 7:00 P.M. on September 11, 2000. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye First readine of Ordinance No. 3571 to annex .31 acres of property lyine between W. 2nd Street and W. 5th Street and between Belle Avenue and W. Airport Boulevard (2980 W. Airport Blvd.); Estell Y. Reece, owner. Ordinance No. 3571 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance 3571, entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WIg THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAD ORDNANCE, 0.31 ACRES OF PROPERTY LYING BETWEEN WEST 2ND STREET AND WEST 5TH STREET AND BETWEEN BELLE AVENUE AND W. AIRPORT BOULEVARD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND;~TIVE DATE. Seconded by Commissioner Jones and carried b[,~pte d~le CQmrnission as follows: 456 E718672 · MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting July 24, 29~0 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Approve Conditional Use for the sale of alcoholic beveraEes for consumption on premises (AB-COP) at the Helen Stairs Theatre. 201 South Magnolia Avenue. Helen Stairs, Director of Helen Stairs Theatre, reported this is a license for a not-for-profit corporation to sell all liquor, so if someone would purchase the theatre and not use it for not-for-profit, the license would not go with the theatre. The alcohol would be sold prior to performances, during intermission, and after performances. Commissioner Williams moved to approve the Conditional Use. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams ' Aye Commissioner Lessard Aye Commissioner Jones Aye Proposed donation of the Henderson property in the 800 block of West 13th Street. for possible development as a park site. City Manager VanDerworp reported the City was contacted by the owners of the property, which was in an estate, suggesting it be donated to the City for recreational purposes. The City had an environmental assessment done on the property and some petroleum contaminated soil was found .and removed. The City Manager reviewed certain aspects of the Land Donation Agreement, reporting the Agreement donates the use of the property to the City for the sole purpose of use as parks, recreation and open spaces. It also has a clause in it regarding the disposition of the property if the City ever determines to sell or otherwise dispose of the property, it must be used for parks, recreation and open spaces. The City is looking for uses for this property, and the City Manager recommends the City accept the donation according to the conditions in the contract. Commissioner Williams moved to accept the donation of the Henderson property. 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 Commissioner Jones Aye Board appointments/re-appointments. Historic Preservation Board. Janet Dougherty, City Clerk, reported Bart RuSh and Donald Moore have resigned from the Board. Commissioner Lessard moved to appoint Mary E. Valente. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye 1~718672 MINUTES City. Commission, Sanford, Florida 7:00 O.m. Regular Meeting 457 July 24, ?_~00 Consent Agenda. City Manager VanDerworp reported there is a correction to item number five, the street closure in conjunction with the Summer Camival and Health Fair. The applicant has requested the date be changed from August 5th, 2000 to August 19, 2000, all departments .have approved the new date, and the City Manager is recommending approval on August 19, 2000. Commissioner Lessard moved to approve consent agenda items 1-8 as follows: Accept bid for an emergency power generator for the Central Fire Station from Cummins Southeastern Power, Inc., the lowest bidder, for Bid #IFB 99/00-13, in the amount of $31,452.83. Accept bid for Lake Mary Blvd. Phase III - Utility construction from Maxwell Construction, second lowest bidder, for Bid #IFB 99/00-18, in the amount of $971,000, pending approval by FDEP and submission of all appropriate contract documents. Accept bid for westerly water main extension from Daniels Contracting, the lowest bidder, for Bid #HTB 99/00-20, in the amount of $810,967.20, pending approval from FDEP and submission of all appropriate contract documents. Approve payments made during the months of December 1999 through May 2000. Approve street closure of 7th Street from Laurel Avenue to Elm Avenue on Saturday, August 19, 2000 from 7:00 a.m. to 9:00 p.m., in conjunction with First Shiloh Missionary Baptist Church's Summer Carnival and Health Fair. Approve street closure of Persimmon Avenue from 13th Street to 8th Street and McCracken Road to Airport Boulevard (local traffic i>nly) on Friday, August 4, 2000 from 10:00 a.m. to 4:00 p.m., in conjunction with the West Sanford Boys and Girls Club and Seminole H.O.P.E. 's Family Fun Fest. Approve proposal from Ardaman & Associates for groundwater services for Site 10 and Mayfair Golf Course, at a cost of $4,000. Accept bid for Sanford Avenue Utility Relocation from Prime Construction, the lowest bidder, for Bid #IFB 99/00-22, in the amount of $419,625, pending submittal of all appropriate contract documents. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Commissioner Eckstein reported he would like the Commission to receive reports of City expenditures on a quarterly basis. Donna Watt, Finance Director, reported the Commission should receive the reports monthly. Add-on items. City Manager VanDerworp reported the Commission needs to rescind the appointment of a Civil Service Board Member and appoint a Civil Service Board Member. last year; Ms. Alexander should have been appointed. Mr. Coover was inadvertently appointed to the Civil Service Board The Civil Service Board members agree that this should be corrected. Commissioner Eckstein moved to rescind the appointment of Mr. Coover, and appoint Ms. Alexander. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: 458 E71867~ City MINUTES Commission, Sanford, Florida 7:00 p.m. Regular Meeting July 24, 2~)00 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye City Manager VanDerworp recommended authorization for the Mayor to sign a modification to the agreement with Eby Construction Company, allowing Eby to remove approximately 10,000 cubic yards of soil from City owned property. The City has a contract with Eby to remove dirt from Pinehurst Park as part of the Cloud Branch Creek improvements but they are not able to get all of the dirt out of that site that is needed. The City has identified a 3/4 acre site at the southeast intersection of Mulberry Avenue and 19th Street, which will need to be excavated for road construction, and this amendment to the agreement would allow Eby to remove soil from this site in exchange for completing construction and materials used on the Pinehurst Park retention pond. Commissioner Lessard moved to authorize the amendment. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Information only. A. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Schedule of Comprehensive Plan and Future Land Use Map Amendments. B. Local Agency Program (LAP) Certification through FDOT - Commission noted. City Attornev's Report. Reported some residents of the Housing Authority have filed a complaint in Federal Court naming the City, the Housing Authority, the Chief of Police, and the Director of the Housing Authority as defendants. The answer is due the first week of August, and Attorney Colbert's office is in the process of reviewing the case and gathering information to respond to the complaint. The City Attomey reported it appears the actions of the City were during its ordinary course of business so he is not overly concerned regarding liability. case. He will keep the Commission advised of the progress of the Reported he met with Staff as requested regarding the Mill Creek foot bridge situation. The bridge that is in the most disrepair is being removed with the consent of the property owner within the next week or so. The other bridge, which is in better condition and has hand rails, is scheduled to be removed when Mill Creek is enclosed in about six months. He reported that since the second bridge is in better condition and will be removed within six months, the issue should be satisfactorily resolved. City Clerk's Report. No report. City Mana~er's Report. Distributed a police activity report, highlighting the fact that nine arrests have been made regarding prostitution and decoy operations. Also, he reported that a decoy was set up at the mall by placitig a purse at a table in the food court, and the purse was picked up five times and turned in to Customer Service e~.ah t~. Two ~frr~ were made in connection with a robbery, and two in connection with cocaine. Five citations were Ben regalxling V~lticles on CR 46A in response to complaints regarding commercial traffic, with one citizen bri~hg Gat0~ Aid ~{>tlie officerS. Chief E718672 MINUTES City Commission, Sanford, Florida 7:00 V.m. Regular Meeting 459 July 24. ~_~00 Tooley reported that Detective Cerino made several arrests relating to an auto theft on North Grandview Avenue. City Manager VanDerworp reported that a person who was reported as missing last week had. been found. City Manager VanDerworp reported that he hasrequested a quarterly report of Police Department activity be provided to the Commission. City Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - Requested the Commission receive monthly information on City retirements, resignations, terminations and new hires. Also, she reported concern about the recreational activities and services at the Boys and Girl Club, and concern that a lease has not been signed between the City and the Boys and Girls Club. The City Manager reported the lease issue will be brought to the Commission at its next meeting: Commissioner Lessard - Requested an update on the cloverleaf/baseball fields. The City Manager reported the building has to be built before the rest of the site work is done and, and there is now a contract to have the building built. Also, it will take three to four weeks to relocate Some underground utilities. A more accurate schedule will be available to the Commission in the next couple of days. Commissioner Jones - No report. Mayor Dale - Distributed evaluation forms to the Commission for evaluating the City Manager, and asked they be filled out and returned to him. Also, he distributed to the Commission copies of a response to an article which appeared in the paper today. He read the response as follows: ACCOUNTAB]I,ITY - THE PRECURSOR TO EFFECTIVE POLICY IMPLEMENTATION Mayor Larry Dale Policy has no effect if not carried out in a timely, efficient, and accountable manner. Sanford's charter calls for four elected district commissioners and a mayor elected citywide. That same charter holds these elected officials accountable to the City of Sanford for the overall health and well-being of the City. I receive numerous official documents from federal and state governments as well as lawsuits filed against this City. In not a single instance are these documents addressed to the City Manager or any staff member. They are addressed to the Mayor and City Commission. Why? Because the law, and in fact, common sense, holds the Mayor and City Commission responsible for all actions undertaken by staff. The Sanford Charter is a good charter because it requires that policies and procedures be established by the duly elected officials but leaves management of daily duties to a full-time city manager who is hired and superv~isgd by these same duly elected officials. It would be inherently unfair to hold those officials accountable to the citizenry and then withhold the attendant oversight responsibility of policy implementation. The City Commission holds the City Manager to a high standard of accountability for the efficient operation of this City. To deny City Commissioners the ability to gather information is ludicrous. To expect City Commissioners to be efficient without being "in the loop" and thus knowledgeable about how its policies are being carried out is nonsense. The City Commission office receives hundreds of calls for information and/or complaints every week. To criticize those same commissioners for following through on those requests is asinine. Ifa City Commissioner or Mayor is to be effective in ensuring policy implementation, he or she must be knowledgeable of the problems at hand and how those problems originated in the first place. When I ran for Mayor, one of the biggest platforms of my campaign was the reorganization of the Police Department. In fact, the situation had deteriorated to the point that this City Commission was compelled to bring in an outside consultant, Public Administration Services (PAS), to evaluate the effectiveness of the department. At the conclusion of his investigation and final report, this consultant, who has evaluated many law enforcement agencies across the country, shared with me that the Sanford Police Department was absolutely the worst department he had ever encountered. At the same time, rather than admit we had a problem, there were individuals within that department who exacerbated the situation by defending the status quo of a problem-ridden agency. It has taken a huge amount of oversight to overcome this resistance to change. I am proud to say that the City Commission is undeterred by such criticism and bravely continues to insist on the reorganization outlined in the PAS report. The reorganization of the Police Department is clearly a policy matter under the purview of the City Commission, and not an administrative function as Gary Taylor and others would have you believe. As part of the reorganization, the City Commission has asked for an accounting of the caseload of the Department. We want to know, as do our constituents, how effective we are at solving crime, reducing crime, and preventing crime. 460 E718672 MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meetj0g JI~lY 24, 2900 Attest: The City Commission must be effective stewards of the public trust and responsive to the voluminous number of complaints we receive regarding the lack of efficient responsiveness to criminal activity in this City. Hence, the reason form a Commission Liaison while undergoing the critical reorganization of an agency that affects our citizens more than any other. As Commission Liaison to the Police Department, I work entirely through the City Manager. To deliberately confuse the exercise of responsible oversight with micromanagement is a disservice to the people who pay for the operation of this city. As the Mayor and Commission Liaison, I do not get involved with daily assignments or the administrative duties of any department. I do however continuously stay involved with the oversight of policies set by the City Commission to ensure those policies are carried out in effective, efficient and accountable fashion. I did not create the position of Commission Liaison but do agree that it is an effective method of assuring policy is adhered to and is implemented as the City Commission intended. The City Commission meets regularly twice a month, but uses the liaison positions as a measure of oversight to ensure accountability to our constituents. The City of Sanford has many problems that have been ignored for years. When I reflect on problems the City has accepted as the norm, I must question the intentions of Pete Knowles as the City Manager of Sanford for 31 years. The current City Commission, through proper oversight, is in the process of solving many of the problems allowed to accumulate by former City Manager Pete Knowles and which have contributed to the detriment of this fine city. With proper oversight, would Pete Knowles have been permitted to allow raw sewage to mix with storm drainage? Would he have allowed din streets to clog the poo~y designed storm drainage infrastructure? Would he have allowed the seawall to continue to erode and decay? Would he have engineered the hodgepodge and inadequate development of the City's utility infrastructure? With proper oversight, would he have been afforded the oppommity to give away City assets, such as the Mayfair Country Club? Would he have continued to cast a blind eye to our African-American community and ignore the many problems that have accrued in those communities over the years? In the presence of responsible oversight, would he have continued the discharge of raw sewage into our once pristine Lake Mopjoe until forced to stop by the federal government? Our Police Department did not become an ineffective, bureaucratic morass overnight. Had proper oversight been employed, would this Commission be struggling with this problem today? Without the consistent demand for accountability, efficient implementation of policy set by this City Commission would be impossible. I make no apologies for this Commission who I represent or myself in demanding to be "in the loop". Would the citizens and taxpayers of this tovm demand anything less from its duly elected officials than responsible oversight on their behalf?. I think not. Larry Dale, Mayor City of Sanford The being no further business, the meeting was adjoumed. mr