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052200 ws/rm min.374 E718672 MINUTES City Commission, Sanford, Florida 4: 0 0 P.M. WORK SRSS!ON M~y 22 19~onO The City Commission of the City of Sanford, Florida met in Work Session on Monday, May 22, 2000, at 4:00 o'clock P.M. in the City Manager's Conference Room, Sanford City Hail, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Velma H. Williams Assistant City Attorney Catherine Reischmann City Manager Tony VanDerworp Deputy City Clerk Markae Rupp Absent: City Attorney William L. Colbert City Clerk Janet R. Dougherty The Chairman called the meeting to order. Seminole Club Mediated Settlement Agreement. Assistant City Attorney Catherine Reischmann reported an agreement has been entered into subject to the City Commission's approval, and she reported the representatives from Seminole Club were in attendance to answer any questions. Mayor Dale asked the representatives to give the condolences and sympathy of the City to the family of Jack Daniels. He further reported that various City representatives were in mediation last Thursday with the City Attorney, and terms for an agreement were reached. Some of the elements of the compromise were in the paragraph regarding capital improvements; credits were eliminated, and Seminole Club agreed to hold a free clinic and lunch every Monday in the summer for anyone seventeen years of age or Under, and paid unlimited play on weekends and holidays. Also, the Irrigation/Effluent Disposal Agreement was modified, so that City guarantees a minimum average of 450,000 gallons daily, based on the annual lease year, and the City would not provide any less that 2,250,000 gallons in any given week. Also, Seminole Club is to do the maintenance on the irrigation system with the exception of the major 4" lines, not to exceed the lesser of $65,000.00 or the amount of the annual gross income. Assistant City Attomey Reischmann reported that the City will receive $25,000.00 outright from Seminole Club, and they will expend $50,000.00 within 120 days on the irrigation system. City Manager VanDerworp reported that all other lease requirements must be met, such as keeping the taxes up to date. Mayor Dale reported the City paid the taxes due this year, and Seminole Club will reimburse the City. The agreement will be considered by the City Commission, subject to the reimbursement of taxes paid, at tonight' s meeting. Mayor Dale reported if there is a motion made tonight it needs to approve the Mediated Settlement Agreement and give him the authority to sign the Effluent Irrigation Agreement and the amended Lease Agreement. (Mayor Dale left the meeting briefly and returned.) Commissioner Williams asked when the public will be informed of the free clinics and who will inform them. One of the representatives from Seminole Club reported Seminole Club will inform the public on June 1, 2000. Commissioner Eckstein asked the Seminole Club representatives to relay to Mr. Daniels' family appreciation for his support of Seminole High SChool with the golf course. (Assistant City Attorney Reischmann left the meeting.) Image Campaign. Sara Jacobson, Chairman of The Sanford Advertising Co-op, presented an overview of the organization reporting it is a group of business and property owners in the Sanford area who are interested in doing some image building campaigning to help boost commerce, property values, etc. They have raised $30,500 so far, and have been MINUTES City Commission, Sanford, Florida a: O0 P.M. WORK SESSION May 375 22 1~000 running 30 second advertising spots and five second billboard spots on Channel 9 (WSTV) since the first week of March 2000. Approximately twenty 30-second spots run a month around news programs and approximately 24 billboard spots. Also, there are several middle-of-the-night spots which are free (more than seventy 30-second spots in the last couple of months). Each member of the Co-op is asked to donate $1,000 which gives them a voting member. Ms. Jacobson reported the Co-op started its campaign featuring downtown Sanford, but there are about nine attributes in Sanford it would like to concentrate on including: 1 ) Sanford' s Historic Waterfront, 2 ) the Auto Train and Amtrak Systems, 3) weekend activities (the zoo, Rivership Romance, marina, air boat rides, museums, bed & breakfast accommodations, motels, specialty restaurants and numerous park and playground activities), 4) shopping experiences (antiques' marketplaces and the Seminole Towne Center Mall), 5) semi-passive parks, 6) special events at the Marina Hotel Dining and Meeting Halls, the Cultural Arts Center, the Civic Center, the Helen Stairs Performing Arts Theater, and the Historic Sanford Memorial Stadium, 7) personal needs (major health care facilities, Courthouse, City Hall, Library, Post Office and banking institutions), 8) easy access to 1-4, SR46, 417 or 17-92 and centrally located (40 minutes) to the ocean, Disney, Central Florida attractions, the Space Center, and major commercial and industrial airports, and 9) Sanford's International Airport links to distant shores with flights to the New England area, as well as accommodations for private planes, charters or flying events. It wants to project an overall view of a desirable, progressive downtown and City that will attract people to the area and change the way they think about Sanford. Ms. Jacobson showed a video of the 30- second commercial being shown on Channel 9 and reported their goal is to raise $80,000.00 and do more 30-second spots on the other attributes of Sanford. The Co-op has applied for a $25,000.00 TDC grant, and it is asking the City to match 1/3 of the $30,000.00 they have raised, or $10,000.00. Commissioner Eckstein asked why the Sanford Advertising Co-op has a Board of Directors, but no one from the City or City Staff was asked to be on that Board, or even received a letter regarding the Co-op. Ms. Jacobson reported the Co-op wanted to prove itself by raising some funds first, and then ask the City to join, rather than coming and asking for a hand out at the beginning. She had discussed the Co-op with the City Manager and felt that the information would be passed on to the Commissioners. She explained how the Co-op decided whom to contact for possible membership. Commissioner Williams asked if there was any way the Co-op could increase awareness for the need of a hotel/conference center in the downtown area. Ms. Jacobson said what they will do is promote all the wonderful things in Sanford that might make one desirable. Mayor Dale reported he would like all organizations to work together to campaign for a positive image for Sanford, not have three or more campaigns by different groups. Ms. Jacobson reported they have invited both Main Street and the Chamber of Commerce to join them, and will continue to do so, but the Co-op does not have ad-hoc members; each member must pay at least $1,000.00 in membership to have a vote. (Commissioner Eckstein left the meeting briefly and retumed.) Ms. Jacobson reported The Sanford Advertising Co-op is asking for three things from the Commission: 1) monetary input of $10,000.00, 2) someone to help on an advertising committee to build toward future plans, and 3) assistance in a campaign to the City's vendors (maybe a letter from the Mayor to the vendors). This will be voted on at tonight's meeting as an add-on item. (Commissioner Williams left the meeting briefly and returned.) Legislative Appropriations. ~ ~,,\ Bobby Brantley and Eric Thorne reported the budget was submitted to the ~r lastsFriday. There is 376 E71867:2 MINUTES City Commission, Sanford, Florida ,1: 00 P.M. WORK ~E~ION May 29 192000 $8.3 million in the current Senate bill pertaining to the Sanford/Orlando airport runway expansion, and they will be giving the Govemor more information tomorrow to encourage him to leave that amount of money in the budget. They requested a letter from the City first thing in the morning regarding this issue. There is $50,000.00 in the budget for the midge program this year. It was $100,000.00, but the Conference Committee cut it in half. The Historic Sanford Memorial Stadium is funded this year at $200,000.00. The Governor will have the final say as to whether or not these funds stay in the budget. Mr. Brantley reported that Representative Feeney and Senator Buddy Dyer have been champions of Sanford's projects. The importance and expense of midge control were discussed extensively. Mr. Brantley reported any Commissioner or anyone in the community who has enough interest in the Historic Sanford Memorial Stadium to write a letter of support to the Governor, and send it to him, he will deliver them. Representative Bradley, an African American, believes very strongly in the Stadium program, and used the issue in his campaign, and has contacted the Governor' s Office, and he volunteered to file the bill to get the funding. Commissioner Eckstein suggested Tim Raines and/or Jeff Blake might be willing to write a letter. Mayor Dale expressed the City's appreciation to Mr. Brantley and Mr. Thome for their assistance to Sanford on acquiring funding for these issues. Aereement with Clarke Environmental Mosquito Management, Inc. Jerry Herman, Public Works Director, reported that larvacide was put in the lake last week and the preliminary tests show the larvae are inactive. The agreement with Clarke Environmental Mosquito Management, Inc. would be for three years (1 year and 2 renewal years), with Clarke to inform the City of any rate increase 60 days before the renewal date. The treatment that was done last week was paid for out of the money that was budgeted in the Public Works Department for Public Health Mosquito Control. To do a large scale treatment would mean the Public Works Department would have to ask the Commission for an increase in their budget. Mayor Dale reported there is about $110,000.00 budgeted, part of it for building light platforms, and that part can be used for the treatments. Mayor Dale reported, in order to have a positive impact, according to talks with Dr. Ali, City Staff, and the Mosquito Control District Staff from the Department of Agricultural, the City will have to treat a minimum of about 800 to 1,000 acres with Abate®, at a cost of about $75,000.00. Commissioner Eckstein would like to have a "not to exceed" amount in the contract, and the City to have some oversight that would prevent using money from Reserves. Mayor Dale reported the City shotrid budget about $150,000.00 per year from now on for midge control, and this year it will probably cost about $250,000.00. There is $110,000.00 budgeted, and an anticipated $50,000.00 from the State, so the City will probably need to budget another $40,000.00 or $50,000.00 minimum this year to do what needs to be done. Mayor Dale reported that the biggest benefit to. Sanford izegarding Midge Control is that without it there will be no economic development. No business can survive on the lakefront, the Riverwalk will fail, and the Marina will fail, because people cannot get out of their cars to walk into any business without being blinded by the midges. Late at night they are like a snowstorm, and have to be shoveled from the ground. Also, they can be a health hazard to the residents. This agreement will be voted on tonight, taking into consideration a "not to exceed" amount. Sanford Airport Authority 2nd quarter financial report Bryant Garrett, Finance Director, presented the 2nd quarter financial report for the Sanford Airport Authority reporting a positive cash flow and a budget access to be used for capital projects of about $443,000.00. The expenditures are down, but they have purchased three additional mowers at $13,000.00 each, ordered a runway sweeper, E718672 MINUTES City Commission, Sanford, Florida4: 00 P.M. WORK ~RS~TON May 377 22 ~000 and a filling station for the fire department's air breathing packs. Commissioner Eckstein asked what it would cost to have an outside vendor mow the airport. Mr. Garrett reported that has never been considered, but it takes a lot of manpower -- three or four full time mowers at this time of year. Mayor Dale suggested the Airport Authority price some outside companies that would have the proper equipment to mow the Airport property. Mr. Garrett reported that the 2nd quarter ended two days before the Board approved the budget amendment, so the numbers do not reflect the amended budget amounts. The 3rd quarter report will be more accurate. Mayor Dale reported a capital budget should be included in the 3rd quarter report, and Mr. Garrett agreed. City of Sanford 2rid quarter financial report. Donna Watt, Finance Director, reported in the General Fund Revenues, the revenue for licenses and permits is already more than 100% of budget for the year and about 86% of the ad valorem taxes that were budgeted have been collected. Overall, 64% of operating revenues have been collected, a little over the normal 50% for the midyear period. Most all departments are less than 50% in operating expenses for the year. To date, the City has collected about $2.7 million more in revenues than has been spent. There is about $3.481 million in Reserves that do not have any designations. The Water & Sewer Fund is about 4% below the 50% in charges for services, and capital outlay is about 52.35% of what was budgeted. In the Water & Sewer Fund, $1,047,044 was transferred for debt service payments, $89,040 was transferred out of the water impact fees, and $210,799 was transferred out of the sewer impact fees, for a total debt service in the Water & Sewer Fund of about $2.7 million. The Stormwater Fund is about the same as the Water & Sewer Fund. Ms. Watt completed an overview of the other City funds, clarifying any specific concerns of the Commission. Ms. Watt reported that Paul Moore, Utility Director, is planning on working with a collection agency to collect unpaid water accounts, and possibly the City could piggyback with the Utility Department to collect unpaid medical transport fees. Status of RFP for money managers for Police Officers' and Firefighters' Retirement Systems. Mayor Dale reported the Police Officers' and Firefighters' Retirement System has done an RFP and hired a consultant/performance monitor, Greg McNeillie, to seek managers from three management expertise areas in investment analysis; fixed income, equities and growth. The Board will vote in June on what it wants to do. The Mayor reported he has not voted to hire three different managers from three different firms, but the Board has overwhelmingly voted to hire them. Commissioner Eckstein voiced concern that the Commission has no say in the Board hiring new advisors. Donna Watt, Finance Director, reported the only thing the Commission votes on are changes to the Ordinances. The Board wants to hire three money managers with Mr. McNeillie to oversee them. Commissioner Eckstein reported he hopes the Board does not have unrealistic expectations. Mayor Dale reported the Board was not interested in a more conservative investor, they want a higher retum. The Commission concurred that the Board should be cautious in its decision to hire three new money managers. Free Use of Fort Mellon Park by the ltealth Department. Mayor Dale reported the Health Department has requested free use of Fort Mellon Park, and use of the City's tables and chairs, for an HIV testing rally on June 24, 2000. The Commission will consider this request tonight. Regular Agenda items. Add-on items, and other items. Tony Ackerson, the swimming pool manager, reported the pool dedic~ ~.lt~!d on lV~,g,-~h 20, 2000, and since opening the pool has had 1,175 patrons, about 3/4 of which have been un~f !~?years tg~e, and 14% of the 378 E718672 MINUTES City Commission, Sanford, Florida 4: 0 0 P.M. WORK SESSION May 22 192OOO patrons visited the pool this past weekend (more than 159 in two days). Mr. Ackerson estimates this figure to double, or even triple, over the next several weeks. There have been no accident or injury related incidents, the staff and lifeguard's work have been exemplary. There have been five incidents resulting in the removal of 23 patrons by the lifeguards or Mr. Ackerson, for profanity or disrespect, but none were serious enough to involve the police. There have been no incidents of break-ins or after hours trespassing since the outer perimeter fence was installed. At this time the pool closes at 7:30 p.m., but when school is out it will remain open past 9:00 p.m. or 9:30 p.m. with the summer evening programs. During summer school, the school will have exclusive use of the pool until 10:00 a.m., and the pool will open to the general public at 11:00 a. mo Mr. Ackerson reported the first session of swimming lessons have begtin, and will continue throughout the summer. The first session is exclusively African American children. A flyer will be printed that outlines all of the recreational hours of swimming available, and the programs offered with dates, times and fees. There is a cooperative agreement with the Lake Mary Recreational Department to use the pool for summer programs as well. Scuba lessons should begin in early June, water aerobics will begin June 2, Sanford City Swim Team has 18 senior level swimmers training right now, and the beginner group will begin June 1, and diving lessons may be added in the evenings. A tentative agreement with Paramount State Swim Team has been reached for them to rent the pool two hours a day for afternoon training time during the winter, for a total of eight days. This is a prelude to bringing in revenue during the winter when the pool does not get a lot of use. Also, swim lessons will probably be offered year round. Also, water polo is being considered for the evenings. As a point of interest, Mr. Ackerson reported that in 1951 the City pool was averaging more than 100 patrons per day, or 3,000 per month, but was only netting less than fourteen cents per person in revenue per day. As far as the physical maintenance of the building, there was a slight problem with some paint that had been applied to the interior floor of the men' s and women's bath rooms, but the contractor took care of it immediately. There has been no vandalism except one bathroom door that is ajar, but it is being repaired. Commissioner Williams reported she has heard very positive comments from the parents who have enrolled their children in the swimming lessons at the pool, as well as from the students and other people in the community. Mr. Ackerson reported they plan to target adult swimming lessons, with Red Cross instructors, in the future. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7.00 P.M. Regular Meeting May 22 379 2680-- The City Commission of the City of Sanford, Florida met in Regular Meeting on May 22, 2000, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Absent: The Chairman Citizen participation. Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Assistant City Attorney Catherine Reischmann City Manager Anthony VanDerworp Deputy City Clerk Markae Rupp City Clerk Janet R. Dougherty called the meeting to order. Doreen Freeman, 705 Mellonville Avenue, reported the lights at the Historic Sanford Memorial Stadium illuminated the whole neighborhood, and asked if reflectors could be put on them. Also the PA system can be heard throughout the neighborhood, and she asked if this was governed by the City's Noise Ordinance. Furthermore, she asked if there were any plans to make more parking on the south side of the Stadium, there needs to be at least 200 more spaces. Mayor Dale reported the City is working with the School Board of Seminole County to obtain land for Stadium parking. Ms. Freeman reported she doesn't see how the City is making a profit on the Stadium when the electric bills are apparently very high. Mayor Dale said he would provide Ms. Freeman with the data on the electric bills and revenues at the Stadium. Ms. Freeman also reported she felt the midge control agreement for consideration on tonight's Consent Agenda is for the development of economic growth, not for the benefit of Sanford residents. She does not want to have midge control at a cost of $150,000.00 a year. There should be other ways to control the midges, possibly by stocking the lake with Shad, and change the amber lights to white lights. Mayor Dale reported that no matter how many Shad you put in the lake, it would not control the midges. Ms. Freeman reported she did not feel the City Commission should subsidize the Seminole Towne Center CRA Bond Issue. This money is taxpayers' money coming out of the General Fired, and it was not budgeted. The taxpayers are having to subsidize something which was supposed to be taken care of by the bond issue. She asked if this was going to happen every year. Mayor Dale reported it probably will have to be done every year because the CRA boundary was set arbitrarily, and a lot of the growth that has occurred, which the City is receiving tax revenues on, are outside of the CRA boundary. Even for those properties that are inside the CRA boundary, a little more than 52 1/2% of tax revenues go into the General Revenue and 47 1/2% go into the CRA. Jay Jury asked regarding the $150,000.00 for midge spraying, if the downtown CRA was contributing to the cost? If so, in what amount and if not, why not? Mayor Dale reported no, they are not. Mr. Jury felt the business owners were piggybacking on the taxpayers, who are paying the entire amount. Mayor Dale reported the money was coming from the General Fund which includes commercial, business, industrial, etc. Residential taxpayers are not covering the entire bill. Mr. Jury reported that the CRA should pick up some of the cost. Mr. Jury reported, regarding street closures, he had asked the City last fall if they would consider posting street closures, and/or noticing them, and Mayor Dale assured him at that time it was a good idea and he would see if it could be done. Mr. Jury reported to date he has seen no notices in the Seminole Herald, and no posting prior to the day of the closure. Mayor Dale reported he still thinks it is a good idea, and he thought he had passed that issue onto Staff so it E718672 MINUTES City Commission, Sanford, Florida 7.00 P.M. Regular Meeting May 22 381 Seconded by Commissioner Williams. Commissioner Lessard reported in would be more in favor of tabling this Ordinance until Staff can provide some answers to issues regarding the LDR. The motion died, for lack of a majority, by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Lessard moved to table this item until the next meeting. Mayor Dale said he would pass the gavel and second the motion if the motion were to delay the item until it was properly Staffed. Commissioner Lessard amended his motion to delay this item until June 26, 2000. Mayor Dale passed the gavel and seconded the motion. The motion died, for lack of a majority, by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willjams Nay Commissioner Lessard Aye Commissioner Williams reported she would like to delay this item to give the applicant a chance to meet the concems of the City, and bring the request back to the Commission. Commissioner Williams moved to reconsider this item. Seconded by Commissioner Lessard. Commissioner Eckstein reported people in Monterey Oaks have beautiful homes and deserve at least a 15-foot setback. Commissioner Lessard reported he wanted this issue resolved in the LDR so the Commission does not have to deal with the issue over and over again. Mayor Dale reported he wanted to delay this issue, rather than deny the request, because he does not think a 10-foot setback is appropriate on lots with a rear yard swale, but it may be appropriate on some other lots. He confirmed with Mr. Marder that, in the City Code, a concrete patio does not count as a structure in the setback but a covered concrete structure, such as a screened porch, does count. Mr. Fitzsimmons reported a concrete slab does not count in the building setback and a porch with a trussed roof over it and concrete columns does not count as part of the setback, as long as it is not screened. Commissioner Williams reported she has a problem having to rely on the expertise of a citizen, no matter how knowledgeable, to make a decision, instead of relying on Staff recommendation. She was concerned that originally the Engineering Department recommended denial, and now the City Manager is recommending approval. The vote of the Commission is to make policy, and is usually based on information provided by the Staff who are paid to have expertise and be familiar with all of the guidelines, etc. The motion to reconsider was passed by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lessard moved to table this item to June 26, 2000, with Mr. Marder to review the LDR for amendments, and polling other municipalities to ensure that Sanford is "on the same page" regarding setbacks. Seconded by Commissioner Eckstein and carded, 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. 3560 to amend the Sterling Woods Master Plan to establish a 10-foot minimum rear yard building setback requirement for screened porches. with stipulations; Maronda Homes, Inc. of Florida, applicant. Ad published May 11, 2000. FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA.Tr NAME~FIRST NAME--MIDDLE NAME DALE - LARRY - A. MAILING .4.DDRF_.SS P. O. BOX 1788 CITY · SANFORD FL 32.77271788 DATE ON WHICH VC/rE OCCURRED May 22, 2000 COU N'FY - SEMINOLE NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE CI1=V COMMISSION -THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMI'i'TEE ON WHICH [ SERVE 1S A UNIT OF: X)(CI'rY 2 ! COUNTY : Z- OTHER t.OCAt. AGENCY NAME OF POLITICAL SUBDIVISION: CITY OF SANFORD, FLORIDA MY POSITION IS: ,)<J ELECTIVE ~ ;~_ 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 ~ommittee. It applies equally to members of advisory and non-advisory bodies who .are presented with a voting conflict of interest under Section 112.3143; Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which .you have a Conflict of'interest will '~,ary greedy'depending on whether you hold an elective or appointive position. For this reason, please pay close a~tenfion to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTi(~N 1t2;3143, FLORIDA. STATUTES ELECTED OFFICERS: . A person holding. elective county, municipal, or other. local:public office MUST ABSTAIN from voting on a measure which-inures to his specia4t. private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a prif~cipal (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 on 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 recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive c~in{y, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures 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. A per.son holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the d6cision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ;" · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for 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 agone3,. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 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 minutes of the meeting, who should incorporate the form i.n the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, l, LaJL,~y A. Da~e , hereby disclose that on Ma~ 2 2 (a) A measure came or will come before my agency which (check one) ., X 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: , -19 2000: , by whom I am retained. Measure: My Interest: Second reading of 0rd~nance No. 3560 to amend the Sterling Woods Master Plan to establish a 10 foot m~n~mum rear yard building setback requirement for screened porches, w~th stipulations. I am the developer for The ~atzel 0rgan~zat~on, Inc., owner of the Sterling Woods Subd~v~s~on~ May ~25, Date Filed 2000 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I~ SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting May 22 383 29 o Seconded by Commissioner Williams. Donna Watt, Finance Director, reported this incorporates into our local Ordinances the changes to the Florida Statutes 175 and 185 for Fire and Police Pensions, and there is no cost to the City. The motion was passed 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. 3563 re: Firefighters' Retirement System. Ad published May 11,2000. Ordinance No. 3563 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3563. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3563, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XVI OF THE CITY CODE OF THE CITY OF SANFORD ENTITLED FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING SECTION 2-281, DEFINITIONS, TO DELETE THE DEFINITION OF "ACT" AND AMEND THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 2-282, MEMBERSHIP; AMENDING SECTION 2-283, BOARD OF TRUSTEES; AMENDING SECTION 2-284, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2- 285, CONTRBUTIONS; AMENDING SECTION 2-286, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-287, OPTIONAL FORMS OF BENEFITS; PROVIDING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN 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 hearing and first reading of Ordinance No. 3564 to rezone a .77 acre portion of property lying between SR 46 W. and Smith Canal Road and between Sewell Road and EIder Road S. (4301 SR 46 W.) from A1. Seminole County to PD. Planned Development; Helen L. Stapler, owner; Interplan Practice, Ltd., applicant. Ad published April 21, 2000.' Ordinance No. 3564 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3564. No one appeared. On recommendation ofth~ CRy Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3564, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A .77 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN S.R. 46 W. AND SMITH CANAL ROAD AND BETWEEN SEWELL ROAD AND ELDER ROAD SOUTH FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; 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 Public hearing and first reading of Ordinance No. 3565 to rezone a portion of property lying between Terry Lane and E. 241h Street and between Summerlin Avenue and Roseberry Lane (2290 East 251h Street) from SR-1, Single Family Residential to PD, Planned Development: Bishop & Buttrey, owners. Ad published April 21, 2000. ETIB672 MINUTES · City Commission, Sanford, Florida 7:00 P.M. Regular Meeting May 22 385 development: industries can tie into the retention pond causing an overflow, or make it larger for their own use. 5) Development of low cost housing in the area: a $60,000 or $70,000 home in Sanford is nothing, when some of the homes in Washington Oaks are valued at $150,000 and up. Barbara Kirby Bentley, 123 Hughes Avenue, reported she lives in the Washington Oaks subdivision because it is her choice, not because she has to. She reported Mr. McClanahan misrepresented the facts when saying some of the people ,are in support of what he is trying to do because he is giving them 25 additional feet of property; they didn't ask for that, they paid for the property they wanted. Mr. McClanahan offered people $100 bills to support his efforts, and she doesn't even know if that is legal. Ms. Bentley reported the safety of the neighborhood children will be jeopardized because the borrow pit is 50' deep, and children will.go over the fence to get in the water. Also, Mr. McClanahan reported at the Planning and Zoning Commission meeting that his construction trucks would only go out 46 to exit the property, so she would like to know whose dump truck was going through their subdivision at 6:38 yesterday afternoon to go to the field. Ms. Bentley voiced concern over the fact that the homes in Midway were never landscaped, and the borrow pit was never finished. She also reported that the residents of Washington Oaks are financially capable of providing whatever they need for their children, and if they ask for assistance from the City it will be for other issues such as lighting that they need. They would much rather see housing, even low cost housing, than 50' deep holes in their neighborhood. Rob Ramesar, 201 McKay Boulevard, reported there is a fire hazard five or six times a year because of the woods in Washington Oakes, drug busts three or four times a year, and burglaries (his house has been burglarized three times for a total of about $5,000) because there is not enough protection. If there was a lake instead of the woods it would cut off the people from the subdivision behind his house, and maybe help the police to catch some of the drug dealers, because there is nothing worse than drugs, and if you don't have the buyers you won't have the sellers. He sees no problem with Mr. McClanahan putting in a lake, or selling dirt for his own benefit, because he thinks there are other problems such as boom boxes, reckless driving, drugs, and burglaries that need to be addressed. Calvin Donaldson, 108 Scott Drive, reported he can afford to leave Washington Oaks but he chooses not to leave because that is where he wants to live. He doesn't need somebody to build him a lake because he does not own a boat. If he wanted to live near a lake, he could afford to buy a house near a lake. He doesn't need somebody to incarcerate him in his neighborhood by placing "hog wire" around it, when he has not committed a crime. He doesn't need somebody helping him too much. Mr. McClanahan is raping the land, the property that belongs to the people in Washington Oaks. He was even offering $100 to people to allow him to do what he wants to do. Mr: Donaldson reported he is not against anyone making a dollar, but not at his expense. He should put his borrow pit on undevelopedland in Heathrow, or get his permits in Winter Park where he lives, and leave Washington Oaks alone. When all of this is said and done, Mr. Donaldson would like to see some closure, because they went through this same thing three years ago, and they are not going to forget or change their minds. Mayor Dale asked how many people were offered $100 bills and reported he saw no one in the atulience that said they had. He then asked Mr. McClanahan if he offered $100 bills and he said he did not. Israel Black, 206 Terry Lane, reported he heard machinery and truck horns blowing in the borrow pit area on Thursday morning at 4:30 a.m. He was present when the motion was made to deny rezoning for a borrow pit, but has this been done under the cover of darkness; is he still mining at night even though this has not been approved? He is ~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting May 22 387 Commissioner Williams reported she was confused because she was led to believe, based on what was documented in the agenda information she received, that the request to rezone was denied, not only by Planning and Zoning, but by the Staff. Much to her surprise and disappoint, she has leamed tonight that it was not denied. Was the agenda information a mistake, or did Staff change their mind? Is it true that the Planning and Zoning Department denied the request? Jay Marder, Director of Engineering and Planning, reported the Department of Engineering and Planning recommended approval to the Planning and Zoning Commission and that is stated in the recommendation in the agenda information. The Planning and Zoning Commission decided, upon hearing it at their meeting, to recommend to the City Commission that it be denied. Commissioner Willjams reported her understanding now is the Planning and Zoning Commission denied the applicant, but City Staff (the City Manager and the Engineering and Planning Department) are recommending to the City Commission that they do not support the Planning and Zoning. Mr. Marder reported that what. was provided to the Commission by the Engineering and Planning Department was a clear perspective on what happened, that the Staff originally recommended approval with certain conditions. The Planning and Zoning Commission recommended denial, so therefore the Engineering and Planning Department felt incumbent upon respecting what the Planning and Zoning Commission stated. Therefore, Staff has recommended denial of the PD, Planned Development zoning that came to the Commission with a recommendation. Mayor Dale reported that tonight the recommendation of Staff is for denial, but the recommended approval to the Planning and Zoning Commission. He asked why the Staff recommendation would not stay constant? Mr. Marder reported if Staff would see this recommendation today, they probably would recommend approval, but Staff feels that when the Planning and Zoning Commission, as the local Planning Agency, makes a recommendation, Staff has to communicate that as the recommendation. Commissioner Willjams asked if she was to consider the approval which was recommended by Staff to the Planning and Zoning Commission, or the denial by the Planning and Zoning Commission. Mr. Marder explained that the Planning and Zoning Commission is the local planning agency for the City, and they have other aspects to consider than what the Staff bases their recommendation on. He reported that Staff recommended approval to the Planning and Zoning Commission because with property reclamation this short term mining will end up to be a reclaimed water area that would be a natural water area which would have some value to the City's storm water system. Commissioner Eckstein reported that even though a manmade lake can be an asset to a community, he understands the concems of the citizens, that the applicant does not have a good track record, and the applicant has not presented a compelling argument. Commissioner Williams reported that a manmade lake could be a positive attribute to a neighborhood, but she is not so sure it would be for this neighborhood. She suggested the applicant meet with the residents and find out what their concerns are. She suggested he meet with Mrs. Kirby, James Davis, Janet Bell, Mr. Donaldson, Earl Minart, Mrs. Bass, Mr. Beasley, and Lula and Philip King, to name a few, who will help him organize and pull together the community to come to an understanding. This may result in a resounding "no", or maybe something can be worked out, but she cannot support this issue until she is assured the developer has tried to work with the residents. Mayor Dale reported there will never be another opportunity ~p addhhe kind of value that this can make, especially with the market conditions that exist. A man from the audie~fflipor~hat the l~id~nts have already met with the developer, and they are trying to tell the Commission th,,~ It0 f~ot want this bprrow pig, Tlcley saw all of the E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting May 22 389 29~0 Final Plat for Placid Woods. Phase Two for property located at 200 Placid Lake Drive. for a proposed sixty-four-lot sinEle family residential subdivision. On recommendation of the City Manager, Commissioner Willjams moved to approve the Final Plat for Placid Woods, Phase Two. 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 Habitat for Humanity's request to waive 1.500 foot separation requirement based on proximity to other community resource facilities in the Downtown and Goldsboro neighborhoods. The Director of Engineering and Planning and the City Manager recommend denial. Jeff Stine, Board of Directors for Habitat for Humanities, and an Attorney in Oviedo at 1420 Alafaya Trail, Suite 101, reported that Habitat for Humanity was created about ten years ago, and in that ten years they have built about 41,000 homes, and by the end of this year will have built about 50,000. They have taken 41 families out of substandard housing and put them in quality homes. One of the ways they raise funds is through a second hand retail store which is currently located next to the existing Heilig-Meyers facility south of town. The landlord at that location has decided to raise their rent significantly to a point where it is prohibitive, and at the ending of the term for their lease the rent is expected to increase even more. They have been on a mission to build their own facility, on land which they own, but given the way the building is and the timing they are not able to build their own facility. The old Heilig-Meyer facility would fit their needs, and they are aware of a number of issues that they will have to face with the development of that property, but they are before the Commission because of a fifteen-foot separation requirement for community resource facilities. The City Attorney has determined that they are a commodity distribution center for a nonprofit organization, but he feels they are a retail outlet that sells secondhand retail, not a distribution center in that they don't collect goods and food and distribute to people that need it. They are owned by a not-for-profit company, but if he wanted to open it, it would not be a community distribution center, it would be a retail store. If they are a community-based resource center, there is a way for the Commission to provide an exception to this, and that is if they serve the community. In their retail center that they have now, they have served all of Sanford and most other communities in Central Florida. Mayor Dale reported his concern is that if they move into this building they will then ask the Commission to waive different fees and permits, and the Commission cannot continue to do that. Mr. Stine reported that they are not even sure they will be able to buy the building until they take a closer look at all of the issues on the building, that decision has not been made yet. If this building is not right for them, and they have to look at another building or build one, they want to understand the rules regarding the separation. Assistant City Attorney Reischmann reported that the provision of 1,500 feet talks about the Commission being able to waive the 1,500 feet if the community resource facility primarily serves the interest of the specific neighborhood, and Mr. Stine has pointed out that it serves a greater community, and that is its primary purpose. The specific allowance for the waiver of the 1,500 feet cannot be met in this instance. City Manager VanDerworp reported that his understanding of the purpose of the Ordinance is that it was by Development Order that goes with a specific use and not with the land. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Re~;ular Meeting May 22 391 Commissioner Eckstein moved to accept the Mediated Settlement Agreement, and authorize the Mayor to sign the First Amendment to the Effluent Disposal Irrigation Agreement and the corresponding Amended Lease Agreement. 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 Mayor Dale reported that the previous motion needs to carry a proviso that the taxes for 1999 will be paid by Seminole Club. Commissioner Eckstein amended the motion to include "subject to Seminole Club paying the 1999 taxes". 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 Agreement with Sanford Airport Authority for Police Services. On recommendation of the City Manager, Commissioner Eckstein moved to accept the agreement with Sanford AirpOrt Authority for Police Services. 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 Boards. Civil Service Board. The City Clerk's Office reported William T. Royster's term expires on June 30, 2000, and he wishes to be reappointed. Commissioner Eckstein moved to reappoint William T. Royster. 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 Nuisance Abatement Board. The City Clerk's Office reported Paul E. Legge's term expires June 10, 2000, and he wishes to be reappointed. Commissioner Eckstein moved to reappoint Paul E. Legge. 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 Planning & Zoning Commission. The City Clerk's Office reported the terms of Bobby Von Herbulis, Kevin Hipes and Ross Robert expire on June 20, 2000, and they wish to be reappointed. Commissioner Eckstein moved to reappoint Bobby Von Herbulis, Kevin Hipes and Ross Robert. 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 E718672 ' MINUTES City Commiss~gn, Sanford, Florida 7:00 P.M. Regular Meeting May 22 393 Commissioner Lessard moved to deny items 4 through 5 as follows: Deny authorization to transfer $80,010. 66 from reserves to the Gasification Contamination Non- Departmental fund to cover the City' s 12.5% share of the total EPA Administrative Order of Consent, the increase in the Feasibility Study costs, and anticipated attorney fees; deny authorization of payment of $21,283.60 to Rivero, Gordimer & Company, P.A. for the "trust account"; and deny increasing the maximum funding of the current agreement by $400,000 to $1,900,000. Deny authorization of amendment increasing the Sanford Gasification Plant Site Group' s agreement with GEl Consultants Inc., Atlantic Environmental Division, by $28,250.00. The City's portion of the increase will be $3,531.25 (12.5% of the total increase). Seconded by Commissioner Eckstein. Mayor Dale reported right now there are willing participants as potentially responsible parties, and any potentially responsible party can be 100% liable. He feels if the Commission fails to increase its participation by $3,000, the other participants will claim the agreement whereby Sanford only has to participate by 12½% will be null and void, and Sanford will have to fight for 100% of what may be many millions of dollars of liability that the U.S. Govemment will win. Commissioner Lessard reported he is against this issue because he feels eventually it will have its day in Supreme Court. Mayor Dale reported if it does go to the Supreme Court the EPA will win, just as they have won other cases like this, and it will cost millions and millions of dollars. Commissioner Eckstein removed his second to the motion. The motion died for lack of a second. Commissioner Eckstein moved to approve items 4 and 5 as follows: Approve transfer of $80,010. 66 from reserves to the Gasification Contamination Non-Departmental fund to cover the City's 12.5% share of the total EPA Administrative Order of Consent, the increase in the Feasibility Study costs, and anticipated attomey fees. Approve payment of $21,283.60 to Rivero, Gordimer & Company, P.A. for the "trust account", and increase the maximum funding of the current agreement by $400,000 to $1,900,000. Authorize amendment to increass the Sanford Gasification Plant Site Group's agreement with GEl Consultants Inc., Atlantic Environmental Division, by $28,250.00. The City's portion of the increase will be $3,531.25 (12.5% of the total increase). Seconded by Commissioner Williams and carried by vote of the Commission as follows: Add-on items. 1. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Image Campaign - donation of membership and member to sit on board, advertising assistance, and assistance in reaching City's vendors. Commissioner Lessard moved to approve what was discussed in the Work Session today, namely; to authorize a donation of $10,000 from the General Fund Reserves and have a member sit on the board, and E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. Regular Meeting May 22 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye City Manager VanDerworp reported the School Board of Seminole County has offered the City the Velma Mitchell property, as well as putting it up for sale to the General Public. City Staff has inspected the property and have not found a use for it. After discussion the Commission decided not to make a final determination on the site at this time. City Manager VanDerworp reported there was some ammonia and gas detected at the Ice House facility which has been taken care of at this time. Once the building was vented it does not present a hazard any more. City Manager VanDerworp reported he and the Mayor will be attending a mission to Rickenbacker Port Authority to tour the Airport facilities, the Foreign Trade operation, and the Commerce Park on Thursday and Friday of this week. Roger Dixon will be the Acting City Manager. City Manager VanDerworp reported he would like to take next Tuesday off with Roger Dixon as Acting City Manager. The Commission concurred. ~City Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - The NAACP Banquet will be held the first Saturday in June, and she has asked the City to buy an ad or purchase a table for the banquet. City Manager VanDerworp reported his suggestion would be to purchase a Silver Membership for $500, which would include a table for eight people. The Commission concurred to purchase a Silver Membership of $500 out of General Fund Reserves. Commissioner Williams reported the Commission did not keep its commitment regarding he waiver of separation requirements between community resource facilities. The Commission had stated if ever anyone came before the Commission with a request for a waiver, it would consider whether the requested use would be detrimental to the character of that community. She would not have a problem if the Commission had considered Habitat for Humanity's request and voted to deny the waiver, but the Commission would not even consider it. What is painful is she feels the only reason the consideration for request for waiver was included at the time the Ordinance was passed was to appease her, and others, and the Commission was not really serious about it. Mayor Dale reported he does not remember the detrimental part during discussions regarding the Ordinance, what he does remember is saying they would take the part out about the applicant having to prove it was not detrimental, but that .was not a part of the waiver. Commissioner Williams reported if she had known that the Commission would not consider a request for waiver, she would not have voted to adopt the Ordinance. Mayor Dale reported the City had already approved for Habitat for Humanity to build on a different site in Sanford, but they decided to buy a cheap building and move into it instead of building, which had not been approved by the Board of Directors of Habitat for Humanity. Commissioner Lessard - No report. Mayor Dale - No report. 395 9oo 396 E718672 MINUTES City Commission, Sanford, Hotida 7:00 P.M. Regular Meeting May. ZZ ~ooo There being no further business, the meeting was adjourned. Attest: mf