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032601 ws/rm min. MINUTES ' 9 1 City Commission, Sanford, FloridaWORK SESSION MARCH 26 2001 The City Cornmission of the City of Sanford, Florida met in Work Session on Monday, March 26, 2001, at 3:30 P.M. in the City Manager's Conference Room, Sanford City Hail, 300 North Park Avenue, Sanford, Florick Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma Williams Commissioner Brady Lessard Commissioner Randy Jones City Manager Anthony VanDerworp City Clerk Janet 1L Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Interviews of prospective board appointees. Nuisance Abatement Board. City Clerk Janet Dougherty reported that David Daly and Andrew Valente are interested in the Board, that Mr. Valente is present and that Mr. Daly would be present around 4:30 when he got off from work. Mr. Valente reported that he resides in the Historic District and is a fire protection engineer that deals with fire and life safety. His application reflects an interest in serving on several boards, including the Sanford Airport Authority, Nuisance Abatement, and Code Enforcement. Mayor Dale said that Mr. Daly will be interviewed upon his arrival at the meeting. Waterfront Master Plan Steering Committee. The City Clerk reported there are two vacancies on the Board and that Stephanie Powers, Jay M. Sheppard, and Nancy Sapp were present to be interviewed. Ms. Powers reported that she lives on the outskirts of Sanford. She is interested in the Board because she wants to see the waterfront developed so that new businesses will be attracted to downtown. Sanford is known as a Tree City USA and she would also like the City to be known for conservation~ Landscaping is her hobby and she wants to make sure that landscaping is used that allows for water conservation when the waterfront is developed. She serves on the Scenic Improvement Board. Mr. Sheppard reported be is the Gememl Manager of the Best Westem Marina on Lake Monroe in Sanford. He has been a Seminole County resident for eighteen years and he and his wife reside in Altamonte Springs. He serves on the Island Security Committee. He is a hotelier and is interested in what happens on the waterfront. He is ecology oriented and was responsible for saving Lake Probe in Altamonte Springs. The proposed development on the waterfront will change Sanford forever to the better and he would like to share his experience as a hotelier. Ms. Sapp reported she is a new resident in Sanford and recently built a home on Summerlin Avenue. She has been a Seminole County resident for twenty-two years. She is interested in the waterfront; its potential is limitless. She has a background in business. She said the development of the proposed conference center could be a big boon to Sanford. Old Post Office building. City Manager Vard)erworp reported this item is on the Agenda for the Board of County Commission meeting tomorrow morning and requested Commission direction regarding the preferred method of obtaining use of the building. A Library Agreement executed May 6, 1980 with the County provides that the premises would be used solely and exclusively for public library use, and if discontinued, the Agreement would terminate and the premises would revert to the City. The Agreem~t also provides that the County assme full responsibility for the maintenance of both the interior and exterior of the building. A Deed executed April 17, 1983, between the City of Sanford and Seminole County was made and accepted on the MINUTES WORK SESSION MARCH 26 2001 City Commission, Sanford, Florida condition that the land is conveyed to be used solely as the site of a public library until April 17, 2003, and if not used for such, the premises shall revert to the City or the County cotrid purchase the property for $136,250. Notwithstanding, by a majority vote of beth governing bodies, the pmnises may be used for other than public library purposes without title reverting to the City or payment of the specified sunk At the present time the building is used for storage ofbeoks and periodicals. The County has made several repairs to the building, however, the windows need repair or replacement. Mr. VanDerworp said the Commission could (A) determine that the premises are not being solely used for public h'brary use and that the building is not being maintained as agreed, and under this scenario the County could opt that the property revert to the City or purchase the property for $136,250, or (B) the Commission could initiate the deed provision to obtain a majority vote of both governing bodies allowing the premises to be used for other than public library purposes without title reverting to the City or payment of the specified sum. After discussion with Staff and members of the County Cornmission, it was determined that option B is workable, at the Commission's direction. Commissioner Eckstein said that at present, the Sanford Museum has a sports exhibit but has run out of room. He suggested selling the library to the County and spending the money to expand the Sanford Museum to provide for a sports hall of fume. There are several great athletes who were associated with Sanford and Seminole County and their memarabilia could be exhibited; more people would be attracted to the Museum and downtown Sanford. Recreation and Parks Director Mike Kirby reported he was contacted by the Central Florida Sports Commission which is considering relocating some of their sports hall of fume items. It is possible to use the Dugout Club at the Historic Sanford Memorial Stadium or the Museum if it is expanded. -- Commissioner Lessard said that a public safety component should be located in the building and that a joint use with Main Street is fine. Community Service Officers and bicycle officers could staff the building and sendee Georgetown, downtown cowanercial district, and the Riverwalk when it is built. Sanford Main Street could also staff the building and provide expanded hours of operation. Commissioner-Elect Woodruffconcurred with Commissioner-Mayor-Elect Lessard. Sanford Main Street Executive Director Walt Padgett said he is very interested in sharing the library facility. City Manager VanDerworp said that during last year's budget meetings, the City Commission directed Staff to develop a plan for using the library building as a Downtown Community Police Station and consider joint use with other users such as Sanford Main Street, and subsequently approved $13,000 in the budget for expenses associated with a police community station. [Mayor Dale briefly left the meeting and retttrned.] There are several options for use of the building: (A) use existing community sendee officers and bicycle officers to staff the building and provide space for Main Street operations, (B) expand hours of operation to provide better coverage by hiring an additional CSO and provide space for Main Street operations, and ( C ) use the building for police services only and hire an additional CSO. Police ChiefTooley recommended that an additional CSO be hired to provide for full time presence and support to patrol officers by bandling non-emergency reports and follow up with residents' complaints. City Manager V anDerworp said the building would be an operations center for foot and bicycle patrols who would provide resident services including fingerprinting and vehicle identifications number verification, and taking non-emergeP~y reports and handling follow up. Mayor Dale said the Commission will have to decide to budget the ~mds to maintain and staff the building. Commissioner Willhms said she supports the idea of using the building as a police operations center but it should not be opened if it can't be properly staffed. The Commission concurred that the City Manager, Police Chief, and Police Department liaison discuss an operational MINUTES 9 3 City Commission, Sanford, Florida WORK SESSION MARCH 26 2001 plan and bring it back to the Commission. City Manager VanDerworp said the City's position needs to be determined regarding library building maintenance. An estimated cost to perform window replacement is upwards of $50,000. He suggested that if both Commissions concur to proceed, he and County Manager Kevin Grace would discuss window replacement costs and terms for use of the building, after which he would bring a proposal to the City Commission. Commissioner Eckstein said the County should consider the proximity of the County Services Building and the Courthouse to the proposed police operations center and the presence and service it could provide. [Mayor Dale briefly left the meeting and returned.] There was a consensus of the Commission. Bulk trash. litter, and code enforcement. City Manager VanDerworp said he is requesting the Commission approve biannual bulk trash pick ups. At the August 28, 2000 Work Session, Staff was directed to provide recommendations with respect to white goods and the code enforcement process. Staff recommends implementing a spring and fall dean up during the months of April and September or May and October that would entitle each resident to one free pick up during the week assigned to their quadrant. Since the contract with the solid waste hauler provides that customers receive four flee pick ups per year, the hauler has agreed to place roll off containers in strategic places in the City in between the spring and fall clean ups for special clean up projects; solid wast~ and code enforcement will have input as to the areas where containers could be placed and safely serviced. White goods would continue to be picked up as called in at no cost to the customer. Illegal trash and debris that is not part of the two times a year ,"- pick up will be coordinated through the code enforcement process. Staff recommends initiating this progam in the fall to provide adequate time for the public information program. Code Enforcement has identified three options that can be worked within current City Code to address unlawful accumulation of trash and debris: issuance of citation; the City could elect to clean up the debris after proper due process has been followed and place a lien for value of the work; and cite violation uti|i~jng ordinary code enforcement methods. The Conantmity Development Department has formed a quick response team that identifies violations and will be tasked with finding and recommending innovative means of prevention and compliance. Commissioner Eckstein asked about the quick pro quo as far as FRS in coneemed. The public will say the contract with FRS provides that four free pick ups will be provided. City Manager VartDerworp said there is no real quick pro quo on this; the purpose for bringing this item to the Commission is the prolifemtion of unsightly trash and debris in the City. [Commissioner Lessard briefly let~ the meeting and returned.] Mayor Dale said that residents of the City of DeLand that request a special pick up have to sign an agreement for the charges to be placed on their utility bill and flit is not paid, the water is turned off. City Manager VanDerworp said there is a Multi Agency Task Force designed to enforce the various State Statutes that govern environmental concern_s, specifically FS 403 and 386. Illegal dumping is a serious offenee and if an individual is caught in the act, or it can be otherwise proven, the offender may be guilty of a misdemeanor or felony depending on the size and type of dumping. This action would be separate and apart from City code enforcement and would have to be administered via personnel with police power. The Community Development Department has assigned a code enforcement officer to attend monthly meetings of the task force. [Mayor Dale briefly le~ the meeting and returned.] The Commission will take action on this item at tonight's Regular Meeting. 9 4 M NUTES WORK SESSION MARCH 26 20.01 City Commission, Sanford, Florida E00014148 Goldsboro Connector a.k.a. Mulberry Avenue extension. Public Works Director Jerry Herman reported the purpose for the Goldsboro connector is to provide a more direct route south from the Goldsbore connnunity. Southwest Road/Old Lake Mary Road is the only road that leads south from the area. Lake Avenue connects 13th Street to 20th Street/Country Club Drive. Staff developed three potential routes for a connector and preliminary design/construction cost estimates. The proposed road design is an urban two lane road with curb and gutter. Property for retention was included in Mill Creek' s drainage project. Design funds are available in the Local Option Gas Tax fund. Funding for construction is to come from the proposed 2~a generation one cent sales tax and/or Community Development Block Grant funds. After review of the three potent'ml routes, the Commission concurred with Staff' s recommendation for option 3, Oleander Avenue t~om 18~ Street to 20th Street/Country Club Drive, the length of which is 2,650', at a cost of $397,500. It will reduce cut through traffic in the Country Club area, move intersection traffic away from the school, and will provide direct connection from West 14~ Street to 20~ Street/Country Club Drive as well as easier access to Old Lake Mary Road, 25~h Street, and Airport Boulevard. Continuation of interview of prospective board member. Nuisance Abatement Board. Mr. Daly reported he has lived in Sanford on Park Avenue for twenty-three years. He has been a school teacher for twenty-six years. He teaches English at Chiles Middle School and is an adjunct instructor at the University of Central Florida. Although he works two jobs, he wants to volunteer and participate in a citizen's advisory beard. Sanford is on the edge of changes and he wants to get involved. Commissioner Eckstein reminded the Commission that this Wednesday the key to the City of Sanford will he given to the new coach from Dr. Phillips High School. Bill Kline and the teacher of the year will also be honored. Regular Agenda items. Add-on items. and other items. Boys and Girls Club lease. City Manager VanDerworp reported that in October 2000, the Commission authorized a six-month lease renewal with the Boys and Girls Club of Central Florida. Staff has monitored the progress of the Boys and Girls Club to substantiate activities and outcomes within the Westside Recreation Center. Recent activities that have taken place at the Westside Recreation Center include the creation of a Seminole Advisory Board that includes six out of thirteen members that live in the City of Sanford, interior painting of the g3manasiuan and lobby area, and a lease arrangement with the Seminole County School Board. Information on this item in today's Agenda packet includes a letter request'rag that the City consider an expansion of the current facility. The City Manager said there have been some strides made with what the City expects out of the operation and maintenance of the fac'~ity and he recommended a one year lease to give time for review of their proposal and compliance with maintenance before making a commitment to the facility on the part of the Boys and Girls Club. Coua~issioner W'~liams said her concern has been that the Boys and Girls Club provide quality programs and give Sanford its fair share. Because of recent activities at the Center as mentioned by the City Manager and because Sandra Brown was hired as Area Director, she supports a one year extension of the lease with the understanding that they continue to provide quality programs and give Sanford its fair share. Commissioner Eckste'm said there is a piece of property next to Seminole High School that in the future could possibly he used for building a Boys and Girls Club. City Manager VanDerworp said this item is scheduled for Commission action at tonight's Regular Meeting. MINUTES 9 5 City Commission, Sanford, Florida WORK SESSION MARCIt 26 2001 Firetighters' and Police Officers' Pension Plans revisions. Commissioner Eckstein expressed concern regarding Nasdaq being down and that the DOW has been doing poorly, and thinks that the City' s investment portfolio is still at risk. He is not happy with the way the economy is going and considers it impossible to leverage the pension fund and increase the percentage. Finance Director Donna Watt said the proposed ordinances have two components. State premium tax monies had to be frozen at a particular point in time. Some of the changes in the ordinances are being funded with the State premium tax money that can only be used to fund certain elements of the plan that is below State minimums. Multipliers are not funded through State premium tax money but some of the minimum benefits are funded. Each Board voted unanimously to bring forward an ordinance for action of the Commission; ordinances were prepared by their Board' s attorneys. Mayor Dale said the pension boar& were set up and arc governed by their own boards. The more the multiplier is increased tbe more the members contribute, however, ifthe boards cave in on themselves the City tax payers will have to foot the bill. Ms. Watt said that the market has not been a good year for anyone with investments. The acmarial valuations were done using a four-year smoothing technique. The actuadal assumption for both plans is 8%. By using the smoothing the percentage has been met. Lest year they did not meet the 8% and will not meet it this year. Lientenant Darryt Presley said the four year annualiTed returns as of last year were 11.47% so the police pension board has met the 8% actuarial assumption every year for the past four years. The real issue is the comfort level of the -- Commission. The retirement board would like to see benefits increase when they can and it helps promote a healthy flow of people through the police career service systen~ The average age ofpolice officers is 39 which is a positive impact on the plan. There is presently a 4.6% excess in the police plan that is a cushion and will help absorb some of the cost that the City would incur if the market should continue to be on a downturn and lose. There is no doubt that if the market stays down the entire year that the City will owe the plan money to make it actuarially sound. That is what State Statutes mandate. Comnissioner Eckstein said the City has exposure to stocks and has lost hundreds of thousands of dollars in the pension fund and it is going to be hard to get 8% every year, and increasing the multiplier is going to make it even more difficult. Ms. Watt said that at the end of February the police fund market value was down more than $300,000. Commissioner Eckstein said the DOW went down 1,000 points and the Nasdaq is down from 5,000 about 65 %. Ms. Wart said the value of the police pension fund is approximately $19 million~ Since funds were transferred from SunTrust to the new money managers on October 2nd, the decrease in market value through February is slightly more than $300,000 (approximately 2.5%). Commissioner Eckstein said the Conmission needs to be conservative and dcesn 't think it' s time to move forward regarding increasing the multiplier; he recommended holding off for two or three months. Ma. Watt said that if the Commission does not pass these ordinances, it will still be necessary to bring one back that incorporates minimums from the State premium tax money. The Commission will take action on the ordinances at tonight's Regular Meeting. City receptionist. City Manager VanDerworp reported that Staff recommends adding a receptionist position to the Classification and Pay Plan. The cost for the remainder of this fiscal year is $10,600; annthal cost is about double. There have been many internal complaints as well as complaints from the Commission and the public regarding having a real person answer the phone. The Commission concurred there is a need for the position. 9 6 MINUTES City Commission, Sanford, Florida WORK SESSION MARCH 26 2001 Second May Regular Meeting date. City Clerk Janet Dougherty reported the second Commission meeting in May falls on Memorial Day and asked the Commission set a date for the meeting. Planning & Zoning will begin advertising rezonings that will fall within that time flame and needs to know what date to advertise. The Commission concurred that the meeting be held Tuesday, May 29. Human Resources Manual City Manager VanDerworp distributed changes to the Human Resources Manual and reported there is a change to the Ordinance that is scheduled for second reading tonight. Human Resources Director Joe Denam reported there is a change to page 23, section 2.22 regarding extending the probationary period to allow an employee to complete the prescribed training and if performance is unsatisfactory, the Director can allow up to ninety days to complete the prescribed n'aining. There is also a change to page 48 regarding sick leave usage ~at adds that a legal dependent is a member of the family, and page 66, section2.53 regarding a death in the family, clarifies that and an employee is permitted one day with pay for the death of a former in-law. Agenda for April 3, 2001 City Commission Special Meeting. The City Clerk distributed the April 3, 2001 Special Meeting Agenda to the Commission. Sanford Housing Authority. Mayor Dale said he has spoken with HUD in Washington and Jacksonville and there has been no official HUD report nor a verbal report given to the City. The press has called asking what action the Commission will take tonight. There is nothing on the Agenda regarding HUD, however, a Commissioner may bring forth any item and request action. Commissioner Eckstein reported he will bring the item up tonight for discussion under board appointments. He said be received the Attomey's opinion just prior to today' s Work Session. Mayor Dale said he and the City Manager reviewed the enabling legislation and discussed having a contingency plan in place and the Commission taking over the Sanford Housing Authority for a temporary period in order to keep the Authority running. In conversation with the City Attomey the question was asked that if the Board was replaced en mass or if there was a resignation en mass, could the City Commission take over the Authority for a temporary period, and the City Attorney advised that the Commission could do so to keep it running. The enabling legislation allows the Mayor to appoint the Sanford Housing Authority Board with the concurrence of the Commission. The removal of Authority Board member(s) can be for inefficiency or neglect or cause, with the consent of a majority of the Commission. There being no further business, the meeting was adjoumed. Mayor Attest: City Clerk cp MINUTES 9 7 City Commission, Sanford, Florida REGULAR MEETING MARCH 26 2001 The City Commission o f the City of Sanford, Florida met in Regular Meeting on Monday, March 26, 200 I, at 7:00 P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florich. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Randy Jones City Attomey William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentation. Linda Kuhn reported that during her recent endeavors it became known to her that although Sanford is a waterfront conammity, the City' s Fire Department doesn't have any mechanisms or means to make a rapid rescue response on the water~ont. She and her husband, in memory of her husband' s mother, Madeline S. Kutm, presented to the Fire Chief and Assistant Fire Chief a donation to the City of two SEA-DOOS and a trailer. She said the Fire Department Staff is the finest group with which she has ever worked; they are very dedicated to the City and are hard working, and the City should be very proud. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported she would like to once again implore the Commission to consider holding the Work Sessions in the Commission Chambers to allow room for those who wish to attend. Today' s Work Session was very crowded and there was an overflow in the corridor. She also said she would like the Commission to take steps to remove the present SHA Board and fire Reverend Hudson immediately. It is the Comrai~sion's responsibility to appoint respons~le members to the SHA that will oversee the Executive Director and make sure that the daily operations of the SHA are carried out under HUD guidelines. This board has failed miserably. She attended the meeting where Reverend Hudson tendered his resignation and was appalled at the lack of concern on the Commission ' s part to conduct the meeting in the proper procedure under Roberts Rules of Order. Also, she was appalled at the lack of respect and response to the audience that was mostly tenants and their Counsel; there were several times when the Board wouldn't recognize them and it's not right. She distn'bnted to the Commission enlarged/computer enhanced photo copies of pictures of roof repairs at William Clark made by Mr. Williams who built a new roof over cindered joists. She asked where the City' s inspector was when this was going on. Mayor Dale said an inspection is done when a permit is pulled and that no permit was pulled, therefore the City was not aware the repair was occurring. Ms. Freeman said again, there is a problem with the Executive Director not doing his duties; he certainly had to know this was happening. She said she is absolutely beside herself; there are people living in these conditions and it is not right; these people deserve better. She thinks the City should take charge of this issue tonight. It has already cost the citizens ofthis City $10,000 in a settlement for a tenant whose civil rights were violated by a combination of the City' s Police Department and the Housing Authority Executive Director; the Housing Authority paid $15,000. The City is involved and it is costing citizens of this City and tax payers of this State a lot of money for this to go on, and it needs to be halted. Monarcha Marcet, 801 S. Park Avenue, Sanford, reported she was going to defer her questions on the sidewalk update, the TWEAN Study, and the street prioritizing projects to her next issue, and read a statement, "I remember hearing not long ago at a Commission meeting the Commission's explanation to me at that time about the City's inability to clean up the 8 MINUTES REGULAR MEETING MARCH 26 20.01 City Commission, Sanford, Florida area of Sanford often referred to as the projects based on its being HUD property. I would like to commend the City of Sanford for init'mting and continuing its efforts to fix the mess in that area and for following through with citizens' concerns in this regard. Let us not forget that the concept of public assisted housing was to provide clean decent housing for those who could not afford housing on their ovak I believe originally that meant the elderly on fixed income, single parents raising children, persons with difficulty that might not allow them to work and make a reasonable income, and others with hardships. In an Orlando Sentinel article from Friday, March 23~, if we can assume that the Sentinel quotes correctly, Mr. Hudson is quoted as saying in regards to the investigation of his agency, "I know it's a conspiracy. This Agency is viewed as one that has gotten out of line because ofthe progress'rye ideas that have been advance& We are fooling with their base of operation and they don't like it. They're making an example ofns." I would submit that if the progressive ideas that Mr. Hudson advanced were to let the housing that he was supposed to oversee fall into such disrepair that no one could live there, then he has been operating under the wrong concept during his entire employment. An Orlando Sentinel article from March 24m quotes Mr. Hudson as saying in regards to his resignation, "My main concem is the transition. With a new staff you have a long learning curve to understand how public housing works." It would seem to me that Mr. Hudson should not be providing the new staff any direction at all based on his poor examples. I plead with the City Commission to intercede and demand that this man' s replacement as well as the agency' s Board of Directors (replacement Board) have experience and compassion. I would charge the replacements to keep abreast of the issues in public assisted housing specifically related to possible drug testing of housing applicants. Again, I thank the City Commission for allowing accountab'~ity to prevail over diplomacy and would ask also and beg that this situation not in any way divide the City of Sanford. That is something that we can all work for to improve the quality of life here in the City." ' Ms. Marcet congratulated Commissioner Wifiiams on the Goldsboro front porch nomination. She asked Commissioner W'~liams to give parameters of the program so she will know where to focus on where the improvements are going to happen. Jay Jude, Sanford resident, registered voter and tax payer, reported he had a short hundry list of items. He clarified that he could speak on an item that is agendized at the time the item is addressed, and that he would speak regarding Coment Agenda item 4/4, street closure. He remarked about the Mayor holding an invocation at the start of each Commission meeting and the Mayor making specific reference to, "in Ctnist's name we pray." He also observed that not everyone that resides in the City of Sanford paying taxes is of a Christian heritage. Although he is of such tradition and heritage and background, he finds it offensive that the City would violate the First Amendment of the Constitution of the United States. Mayor Dale said the First Amendment says that the State shall not establish religion, nor interfere with the free exercise thereof. As Chairman of the Commission he would continue to exercise his freedom of religion and open the meeting the way he pleases. City Attorney Colbert further clarLfied that opening the meeting with prayer is not a viohtlon of the Constitution. Mr. Jude said that some time hack he brought before the Commission the subject of County Road 425, also known as Sanford Avenue, and asked what the sitnation was, and City Manager VanDerworp replied that an extra lane was being added to that road. He said that he must have been given erroneous information because the road is on the verge of completion and there is no extra lane being added and that it appears that storm drainage work is being done. Mayor Dale asked Mr. Jude if he had looked at the plans, and the reply was no. He told Mr. Jude that had he looked at the plans as requested he would have seen that there is a lane being added. Mr. Jude said that when Mr. Lessard becomes Mayor he would come back and discuss it with him. MINUTES City Commission, Sanford, Florida REGULAR MEETING MARCH 26 2001 Mr. Jurie said that some time back he went to Public Works and noticed there is a conference room with a variety of maps, one of which shows potable water and sewage lines. He was curious that there was no map that showed storm sewage and inquired about one and was/old it was under preparation~ He was given a map that showed a large size culvert, about 10' x 5', located under Fort Mellon Park. He asked what will he done with the culvert with regard to the hotel/conference center. Mayor Dale said there are plans to move it. Mr. Jude asked if the tax payers of Sanford will pay for the move or will the developer ofthe hotel/contrence center. Mayor Dale said that remains to he seen~ If the hotel/conference center is built there will probably he help from other sources to move the culvert. If the hotel/conference center is not built, the culvert is old and in bad shape and it will take some tax payer dollars to fix. Mayor Dale said the culvert is called Pump Branch; it used to he a creek. When Lake Carola was dug, the fill was used to fill the creek and the culvert was put in at that time. It used to he a natural creek called Pump Branch Creek. Doreen Freeman, 705 Mellonville Avenue, asked how much it will cost to fill in the culvert. Mayor Dale said the culvert won't he filled in, that it will have to he either repaired or moved and replaced. She said that a botel/conference center couldn't he built on top of it, that it would have to he filled in. Mayor Dale said it would have to he moved to an easement or lef~ there, but there are no plans yet. Ms. Freeman said she thinks that it wilt cost a couple million dollars to either reroute or fill in and wanted to know that as a tax payer, would she absorb the burden. Mayor Dale said that as a tax payer, Ms. Freeman will spend the money one way or the other, because it is old and in disrepair. The City doesn't have the engineering plans on the conference center but the City is aware of it and it will he addressed at another time. Turner Clayton, representing the Seminole County NAACP, was present to speak regarding the SHA. He is neither for nor against them. It is his understanding that the Commission has the authority to appoint the Sanford Housing Authority Board and the Sanford Housing Authority Board has the authority to elect or appoint their executive director. If his understanding is correct, then the City Commission cannot fire the executive director, that it would he up to the Housing Authority to do so. The City Commission would he out of its authority to take any kind of action to remove that Board and the executive director. Mayor Dale said the Mayor may, with the consent of the City Commission, remove any Board member for inefficiency or neglect. The new Board may do as they please with the executive director. The executive director does not answer to the City Commission; he answers to the Housing Authority Commissioners. Mr. Chyton said his concern came because of articles in the newspaper that he read about quotes being made about the executive director. He is concerned because it seems that there is no due process due to this person and it seems that the Commission is about to violate his constitutional rights, and fithat he, he is sure there will he some kind of litigation in regards to that. He also warned the Commission to not take any illegal action to violate this man's constitutional rights, because there will he repercussions to pay. Mayor Dale said there is notling on the Agenda to do any action to the executive director, nor will this City Commission do so as the City Commission. Art Harris, 1108 Grove Manor Drive, reported that on Saturday and Sunday there are multiple home builder signs posted in various rights-of-my, that it is against the law, end asked the City Commission to do something. Monarcha Marcet said the City is now doing its job to repair and replace sidewalks and asked the Commission and the City at large to not drive over nor park on the sidewalks, and to use a driveway or park on the street. Approval of minutes. Corarnissioner Lessard moved to approve the minutes of Special Meeting of March 7, 2001, and Work Session MINUTES REGULAR MEETING MARCH 26 01 City Commission, Sanford, Florida 20-- and Regular Meeting of March 12, 2001. Seconded by Commissioner Jones 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 Front Porch Florida Program. Community Development Director Charles Rowe reported that a map showing the Goldsboro Community for the purpose of the Front Porch Program would be available for review after the meeting. He thanked Commissioner Williams who worked very hard on the program with him. In September 1999, he submitted the first Front Porch application and in November 1999 was given news that it was not successful. However, word was received last Friday that Sanford received designation as a Front Pomh community. He recognized Commissioner Williams and Mayor Dale for helping to accomplish the designation through their efforts in dealing with the Governor' s office and Tom Feehey, Speaker of the House, and others. He distribnted a handout regarding the Front Pomh Program. He said the Governor' s office will work with the City of Sanford and the community. It is a grass roots program in which the community participates. A group of initiative supporters selected by Commissioner Williams have met a number of times in preparation of the Front Porch application and will help designate the Governor' s Board. A visit to the City of Sanford by Governor Bush and his Staff is expected within the next two weeks for the purpose of discussing what can be expected. The Front Porch Initiative Coalition will be hiring a liaison to coordinate the program. It will be necessary to get a 501(c)3 designation for the Front Porch Coalition. Mr. Rowe said he will continue to work with and for the improvement of Goldsboro through that heard. There are master plans completed for both Georgetown -' and Goldsboro; it will take about a year to go through the plans. Several items listed in the Front Porch application have been brought to fruition: Mulberry Avenue exteusion project, location of the 13th Street Police Sub Station, improvements to the Westslde Community Center, and sidewalk installation on Oleander and in Goldsboro. The Governor' s Department Heads will offer support in addressing the needs identified through the process. Boards. Commissioner Eckstein requested a deviation liom the Agenda to discuss the Sanford Housing Authority Board. He reported that in July 2000 there was an inspection of the Sanford Housing Authority units; the result was a horror story. Until July 2000 the Housing Authority had received nothing but good reports and good grades. When Mr. Hudson took over he did a very fine job as far as curtailing drags, loitering, and concerns of the Commissionu As time went by, some of the most important concerns of the Commission were neglected. He expressed concern for those tenants of the Housing Authority who are suffering from infestation of rats and roaches and deplorable living conditions. He said the Housing Authority Board, with the exception of one Commissioner, have neglected and acted inefficiently as an oversight to the Housing Authority. He requested the City Commission replace Mrs. Allen, Mrs. Stephens, Mr. Blake, and Mr. Bhcksheare as soon as possible. The Commission has to move on this. A Board cannot be picked tonight, but something has to be done rather quickly. It is his intention to not violate Reverend Hudson' s civil rights, however, he serves at the pleasure of the Housing Authority Board. He is concerned about the things he has read in the paper and in the HUD report. There are units boarded up and children and the elderly are living in apparent neglect of health and life. How can the Board ignore the multiplied thousands of dollars spent in legal fees. The Board should have addressed these issues. Initially the Board had great intentions in mind, however, things change. The Commission needs to make a change and remove the four mentioned Board members. Commissioner Eckstein City Commission, Sanford, Florida REGULAR MEETING MARCH 26 2001 moved to replace Mr. Blacksheare, Mr. Blake, Mrs. Stephens, and Mrs. Allen, and to find new Board members as soon as possible. The Board has forty-five days to answer the rebuttal from HUD, but he would rather have a Board to remove the executive director and take the money that would have been paid to him and help those people. There have been no repairs made since 1999. We all suffer as a community and it is not right. Commissioner Jones seconded. City Attomey Colbert said this is not the t-st time the City Commission has dealt with Housing Authority issues. There is policy decision that the Commission has to make without any interference from ~ The legal issues are that the Commission confirms the Mayor' s appointments to the Sanford Housing Authority Board and has the authority to remove Board members under the issue of inefficiency and neglect. However, when someone holds an office, they are entitled to due process, and Housin~ Authority members are entitled to a hearing before the City Commission as to what is the cause of removal. The Commission had previously requested information from the Housing Authority and some was received and the Commission indicated they were satisfied with the part received. At the same time, HUD was conducting an investigation of which the City Commission has not received a final report. From a legal standpoint, he didn't think thai the Commission should go forward this evening to remove the Housing Authority Board members. The Commission has several options: wait for the conclusion of the HUD report; hold a hearing to consider removing the Board members, based on evidence presented; or request and receive additional information to decide wlaether or not to hold a hearing to remove the Commissioners on that basis, and take whatever action from a policy standpoint. Mayor Dale said the eimbling legislation states the Board members would have ten days to ask for a hearing. If be were to ask for consent ofthe City Commission to remove the Board members for inefficiency or neglect or cause, the Board members would have ten days to ask for a heating which must be granted. City Attorney Colbert said if the Commission voted on that hasis tonight, the Board would not be removed from office but the clock would begin a countdown to a hearing. Commissioner Willlares said if she was going to vote to remove the Board that she would vote to remove all of them. She said she was not in support of the motion, mainly because of due process. She read FS 421.07 regarding the removal of Commissioners for inefficiency or neglect of duty or misconduct in office. A Commissioner of an Authority may be removed by the Mayor with the concurtepee of the governing body. A Commissioner shall be removed only after he shall have been given a copy ofthe charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon shall be fled in the office of the Clerk. From a legal standpoint, the members must be given due process. Commissioner Eckstein said be is in favor of due process also and is willing to follow FS 421.07. He hoped that the Board would resign on their own within the next ten days. It is not his intent to hurt people's character, however, he will be prepared to ask questions regarding the Board's inefficiency and neglect. On advice of the Mayor and the City Attorney, Commissioner Eckstein ~ded his motion that charges of negligence and inefficiency be filed against the Housing Authority Board members and give them ten days to have a hearing. COmmissioner Jones withdrew his original second and seconded the mended motion. In response to Mayor-Elect Lessard' s question as to how formal the preparation for the hearing needs to be regarding this issue, City Attorney Colbert elaborated that inefficiancy and neglect are general terms; the Statute provides that the Board members have an oppermnity to know the charges against them, which means they have an opportunity to know what elements the Commission considers to be inefficiency and neglect. Should the Board members choose to contest the charges, MINUTES City Commission, Sanford, Florida REGULAR MEETING MARCH 26 20 01 E00014148 their issue would be that they have not been specifically advised of those things for which they can prepare to clear their names. There should be a discovery period. It will be necessary for the Commission to have a special meeting to apprise the Board members ofthe charges. Mayor Dale said if the Cornmission comes to the opinion that it is necessary to move forward for safe and efficient operation of the Housing Authority, it would have to do so enmasse and the Commission will have to assume temporary authority and act as such and place an interim director while new board members were sought. The City Attomey said that would be a scenario but that operation would have to be a short duration and not an indefinite interim situatiork There would have to be a way for the Housing Authority to continue to operate and be accountable under the laws of Florida as wen as Federal guidelines. He clarified that under the charge of inefficiency and neglect, there needs to be particulars and it would be the City Commission's responsibility to define what those particulars are. It would need to be done at the time that the Commission chose to move forward to start the clock running. Mayor Dale said the situation has gotten out of control and there are problems at the Housing Authority that need to be addressed. He would rather not vote on the motion tonight to begin proceedings against the Board members without giving them an opportunity to resign. If they don't resign before his term is ended then a special meeting would be called. The Board members are his appointees confirmed by the Commission and he feels a responsibility and would like to have the opportunity to discuss this with them and bring that hack to the Commission within 48 hours. Commissioner Eckstein withdrew his motion and Commissioner Jones withdrew his second. Mayor Dale passed the gavel to Vice-Mayor Eckstein. Mayor Dale said he wants an opportunity to talk to the Board and explain how important it is to move forward. Although the Commission doesn't have budgetary oversight, it needs to exercise some oversight to get things back on track and bring efficiency to the situation. Mayor Dale asked for concurrence of the Commission and said he will bring back a report to the special meeting. Seconded by Commissioner Jones. Commissioner Eckstein said he agrees that a reasonable approach needs to be taken and he doesn't want people to think the Commission is trying to rush this through. They are entitled to due process. Commissioner Lessard asked that Mayor Dale convey to the Board that the course of action being advocated is probably the way the Commission as a whole would like to see it. He assured the Commission, the public, and the residents of the Sanford Housing Authority that he would prefer that the City Commission and Staff begin assembling information and evidence as though there will be a hearing, because the Commission will dutifully perform its job. Mayor Dale said it is his responsibility to gather the evidence. The motion was 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 passed the gavel back to Mayor Dale. Mayor Dale recessed the meeting for a ten minute break, after which the meeting was reconvened. [Commissioner Williams did not return to the meeting.] First reading of Ordinance No. 3631 to close. vacate, and abandon a north-south utility easement between Mellonville Avenue and Bay Avenue and between East 241h Street and East 251h Street: Lee P. Moore, applicant. 64.7% of the abutting owners concur with the request to vacate, per the Petition to Vacate. Recommended by the Plans Review Committee, the Director of Engineering & Planning, and the City Manager. Ad published March 11,2001, property owners notified March 12, 2001, property posted March 12, 2001. MINUTES City Commission, Sanford, Florida REGULAR MEETING MARCH 26 2001 E00014148 Ordinance No. 3631 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3631. No one appeared. Commissioner Eekstein moved on the first reading of Ordinance No. 3631, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING ,VACATING, AND ABANDONING THE NORTH-SOUTH UTILITY EASEMENT LYING BETWEEN MELLONVILLE AVENUE AND BAY AVENUE AND BETWEEN EAST 25ra STREET AND EAST 247a STREET; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commi.~sion as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Second reading and adoption of Ordinance No. 3627 to annex .36 acres of property between SR 46 and Smith Canal Road and between EIder Road and Upsala Road: 4101 SR 46; Rupal, Inc., owner. Ad published March 14 and 21, 2001. Recommended by the City Manager. Ordinance No. 3627 was read by title. Mayor Dale reported the Commi.qsion would hear from those persons present to speak for, or in opposition to, Ordinance No. 3627. No one appeared. Commissioner Eckstein moved to adopt Ordinance No. 3627, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITH1N THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN S.R.46 AND SMITH CANAL ROAD AND BETWEEN ELDER ROAD AND UPSALA ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Lessard Aye Commissioner Jones Aye Second reading and adoption of Ordinance No. 3628 to annex 5 acres of property between Oregon Avenue extended easterly and W. CR 46A/W 25th Street and between Oregon Avenue and Upsala Road: 2805 Oregon Avenue: Allen and Joanne Nettles, owners. Ad published March 14 and 21, 2001. Recommended by the City Manager. Ordinance No. 3628 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3628. No one appeared. Commissioner Eckstein moved to adopt Ordinance No. 3628, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, 5 ACRES OF PROPERTY BETWEEN OREGON AVENUE EXTENDED EASTERLY AND W. C.R. 46A/W. 25~ STREET AND BETWEEN OREGON AVENUE AND UPSALA ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commi.~sioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye MINUTES City Commission, Sanford, Florida REGULAR MEETING MARCH26 20.01 Second reading and adoption of Ordinance No. 3630 to adopt the Human Resources Manual Ad published March 14, 2001, Recommended, as amended in today' s Work Session, by the City Manager. Ordinance No. 3630 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3630. No one appeared. Commissioner Eekstein moved to adopt Ordinance No. 3630, as amended, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& ADOPTING THE HUMAN RESOURCES MANUAL, CONSOLIDATING THE PERSONNEL RULES AND REGULATIONS; CLASSIFICATION & PAY PLAN/AD1VIINISTRATIVE GUIDELINES; CIVIL SERVICE SYSTEM; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Board appointments. Nnisanee Abatement Board. City Clerk Janet Dougherty reported Paul Legge has resigned. Commissioner Eckstein moved to appoint David Daly to the Board. Seconded by Commissioner Lessard. Commissioner Lessard asked the City Clerk to convey to Mr. Valente that the Commission will consider him for a board for which his engineering background and expertise will be useful. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Lessard Aye Commissioner Jones Aye Waterfront Master Phn Steering Committee. The City Clerk reported that Bill Barwick and Molly Hudson have res~d. Commissioner Jones moved to appoint Jay Sheppard to fill Mr. Barwick's unexpired term. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Commissioner Lessard moved to appoint Stephanie Powers to fill Ms. Hudson's unexpired term. Seconded by Commissioner Jones. Commissioner Lessard asked the City Clerk to convey to Ms. Sapp that she will be considered for the next appointment to this Board. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Approve the Final Pht for Seminole Centre (~Va!-Mart Supercenter). 3653 Orlando Drive. with conditions. and approve Development Order 01-0005. Recornm~ended by the Plans Review Committee, Planning and Zoning Commission, Director of Engineering and Planning, and City Manager. Mayor Dale briefly reviewed the plat and asked ifthe retention pond will be repositioned. Director of Engineering & P]mming Jay Marder reported they were being repositioned to the back of the site and two lots will be created fi'onting Hwy. 17-92. MINUTES 10 City Commission, Sanford, Florida REGULAR MEETING MARCI-I 26 2001 Lany Wray, CPH Engineers, 500 W. Fulton Street, Sanford, reported that as noted on the plat, Americana Boulevard is being dedicated to the City. Two retention tracts will continue to be maintained by the shopping center but will be used for drainage for the shopping center, Americana Boulevard, and the fire station. Mr. Wright said there is one misunderstanding regarding Development Order item (3) (e), relocating the traffic signal to the intersection of Americana Boulevard and U.S. Hwy. 17-92 and adding an additional traffic signal at the intersection of the shopping center' s southem entrance and U.S. Hwy. 17-92 at such time as the City removes, or causes to remove, the existing emergency traffic signal for the City of Sanford Fire Station #2; all improvements associated with relocating and adding traffic signals shall be permitted through FDOT and shall be paid by Kimco of Merritt Island, Inc. He bad been under the impression tbat the timing of the relocation of the signal at the main entrance on Americana and also the southern entrance would be contingent on the City going forward with plans for the new fire station on Americana. With the way the Development Order is worded there is a potential that his client would still be responm'ble for relocating the light even if the fire station were not located on Americana Boulevard. He would like the plat approved on the condition of resolving the misunderstanding with their client. Mayor Dale said the Development Order could be changed to read that at the time the fire station is permitted on Americana Boulevard that the traffic signals be relocated, etc. City Attomey Colbert said the change could be mode tonight ff the Commission is in favor of it. City Manager VanDerworp asked Mr. Marder if there are any other considerations on the traffic signals other than the fire station. Mr. Marder said tbat Staff would prefer the way the Development Order is worded now because it is known tbat the existing fire station is going away, although there is not 100% certainty that the fire station will be on Americana Boulevard. The way the development is laid out, and through extensive review by Seminole County Traffic Engineering, two lights are necessary, one on the north and one on the south side of the center. Mr. Wright said his client is under the impression that the signals will be moved when the fire station moves to America and is not aware of the potential that the fire station could move some place other than America. Mayor Dale said tbat regardless of where the fire station is moved, it will be necessary to relocate the traffic signal to Americana Boulevard and add another on the south end of the shopping center. Mr. Wray said if the Development Order can't be done conditionally, then his client would probably prefer the item be tabled to be sure tbat everything is 100% clear. City Attorney Colbert said be wanted to be sure that the applicant understands tbat if the item is tabled that a new Co~ission will review it. Mayor Dale said if the Development Order is approved tonight the way is presently reads, it would bave to be executed within ninety days or it would be null and void. A request to mend the Development Order could be mode by the applicant. He wanted Mr. Wmy' s client to understand that if a new fire station is built somewhere else and the emergency signal is moved, then the existing traffic signal would bave to be moved and another added to provide one at the north and south of the center. Peter Sutoh, CPH Engineers, reported tbat Wal-Mart is assuming the cost for relocating any of the signals. Kimco owns the shopping center but they bare agreements with Wal-Mart regarding costs associated with the signals. There is a concem because the approved engineering plans were specifically scripted tbat the traffic signals would be moved as a result of the fire station being located on Americana. The client moy not fully understand that the signals would be needed at Americana and the southern end of the center, even though the tire station moy not be on Ameriean~ therefore, he can't commit to the Development Order as it is written. City Attorney Colbert recommended tbat if the Commission is in favor of the Development Order it could be approved and the developer can decide wbat they want to do. He didn't think the developer would jeopardize the Super Wal- 10 6 M NUT S REGULAR MEETING MARCH 26 20.01 City Commission, Sanford, Florida E00014148 Mart overthe relocation oftraffle lights. Commissioner Eckstein moved to approve the final plat for Seminole Center (Wal-Mart Supercenter) and Development Order 01-0005. Seconded by Commissioner Lessard. City Attorney Colbert wanted the record to be clear that shotrid they come back having not signed the agreement and want to open discussions again with the City, all issues are on the table. Mr. Sutch stated that he doesn't think their client fully understands what the difference is between what is stated on the engineering plan and the Development Order. After brief discussion, Commissioner Eckstein withdrew his motion and moved to table this item to April 9. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Consent Agenda. Mayor Dale removed for separate consideration, Consent Agenda Item #5, Approve street closures: Seminole Boulevard from Sanford Avenue to Palmetto Avenue and Palmetto Avenue from Commercial Street to the Marina, and approve use of Marina Isle and Lake Carola in conjunction with the 15th Annual PVA U.S. Open Bass Tournament. Jay Jude noted that the Agenda doesn't indicate a date and time of the closure and said he hoped that it doesn't mean that it will be permanently closed. City Manager VanDerworp reported the street closure is from 5:00 P.M. on Friday, April 20, 2001 to 9:00 P.M., Sunday, April 22. Gary Rudolph, President, Central Florida Chapter, Paralyzed Veterans of America, was present and reported this is the tfficenth year for the PVA U.S. Open Bass Tournament, and the road closures are mainly on Saturday afternoon and Sunday when the beats come from the marina into the Civic Center for weigh in at 3:30 P.M. He invited everyone out for hamburgers and hotdogs on Saturday afternoon and for the awards banquet on Sunday evening at approximately 5:30. Commissioner Lessard moved to approve the street closures and the request to use Marina Isle and Lake Carola to hold the tournament. Second by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Mayor Dale removed for separate consideration, Consent Agenda Item ~4, Approve street closure: Seminole Boulevard from Sanford Avenue to San Juan Avenue from 10:00 A.M. April 10, 2001, to 12:00 P.M. April 17, 2001, in conjunation with New Life Christian Academy Spring Carnival. Jay Jurie mentioned that City Manager VanDerworp directed Mr. Wallace to him about the CR 425 issue and according to engineers there will be a middle lane added. He reported there is a fair amount of activity in downtown Sanford and it would be a service to the residents to place notice of closure signs several days in advance of the closure. For the sake of the residents, he requested due diligence and asked that the residents be informed to the greatest extent possible in advance of street closures. He expressed concern regarding the excessive time flame of the event and asked if there is a policy regarding __ street closures; or are they done on a case by case basis. City Manager VanDerworp said there is no specific policy. Mr. Jurie said it would be helpful for the sake of residents that there be a street closure policy. Recreation & Parks Director Mike Kirby reported that street closures are advertised in the paper as well as notification given to Sanford Main Street and the Chamber of Commerce. Mayor Dale recalled that the Commission had given direction to post signs when there is a street closure for a length of time; signs should he placed where the road will be closed. MI qUTr, S 0 7 City Commission, Sanford, Horida REGULAR MEETING MARCH 26 2001 E00014148 Denise Lopez, New Life Christian Academy PTA President, reported the money raised from the event will be used for a scholarship fund. She said the length of time for the street closure is to allow for the carnival to set up, have the carnival, and break down. They would need to come in to set up on Tuesday, April 10, and the camivai would begin at 5:00 on Thursday. Commissioner Eckstein said the street closure is being presented to the Commission two weeks prior to the event and asked about the time frame for filing a special event application. Mr. Kirby said the special event form must be turned in thirty days in advance, but in reality that doesn't always happork Commissioner Eckstein said the carnival plans to be there a week and that is a long time to close streets. Mr. Kirby said that he was on vacation at the time the request was considered by Staff City Manager VanDerworp said that he didn't realize the request was for an entire week and recommended that the set up time be shortened, that set up begin on Wednesday and the carnival begin on Thursday and close it at the end of the day on Monday the 16tk Commissioner Eckstein said he doesn't want to set a precedent and doesn't want to do this again because there are other places that would be better suited for a carnival. He is opposed to closing Fort Mellon Park for an entire week. Commissioner Lessard said that because the camivai is scheduled so soon, if the Commission turns the request down tonight there won't be a camivai unless there is an aitemative place. Lieutenant Presley commented that Ms. Lopez is also requesting that the City absorb the cost of police services attached to the event, and that is not normally done. After lengthy discussion, Commissioner Eckstein suggested that Staff discuss this item with Ms. Lopez and Reverend Merthie because many o f the terms of the application are not acceptable. Commissioner Eekstein moved to table this item to the Special Meeting scheduled for Thursday, March 29. Seconded by Commissioner Jones and earfled by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye The Commission next considered Consent Agenda Item # 12, Authorize execution of Agreement with Eoghan N. Kelley for construction of St. Johns Parkway and pennanent drainage easement. City Manager VanDerworp distributed a revised agreement and City Engineer Bob Walter reported the agreement is to establish a drainage easement for stormwater nmofffor St. Johns Parkway Phase llI between Rinehart Road and Upsala Road. In summary, the agreement provides that the City will permit, construct and maintain St. Johns Parkway and stormwater ponds, size the drainage pipes to allow for Mr. Kelley' s adjacent property to drain to the street stormwater system and then to the ponds, spread fill from the pond coustmction for the road construction and on Mr. Kelley' s property, mitigate the wetlands within the road right of way, and provide water, sewer (force main) and reclaim stub outs to Mr. Kelley' s property. Additionally, Mr. Kelley will provide an easement on their land forthe stormwater ponds and the outfall pipe, bring in additional till as required from his Southridge site, and mitigate the wetlands within his adjacent property. The agreement has been extensively negotiated by Staff and Mr. Kelley and Staff considers the agreement preferable to the City purchasing the property and constructing the stormwater ponds. Commissioner Eckstein moved to approve the Agreement, as amended. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye I 0 8 M NUTES REGULAR MEETING MARCH 26 2001 City Commission, Sanford, Florida E00014148 The Commission next considered Consent Agenda Item #7, Authorize purchase of about 1/4 acre of property south of 615 East 3rd Street at price of $4,000.00 plus closing costs for Pump Branch Creek maintenance access. Mr. Davis, owner of the property, reported the property is somewhat more than a quarter acre and asked that the purchase price be adjusted if the survey reveals that the property is considerably more than a quarter acre. Mayor Dale clarified that Mr. Davis would receive $4,000 net argt the City will pay the closing costs and for the survey. City Attomey Colbert said the Commission could approve the purchase and Mr. Davis can decide whether or not to sell. Commissioner Lessard moved to approve the purchase of the property. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye On recommendation of the City Manager, Commissioner Eckstein moved to approve the remainder of the Consent Agenda as follows: Approve use of $13,000 from State Law Enforcement Trust Funds for police exercise equipment. Bids will be sought after approval to expend the funds. Approve Amendment #1 to Sanford Airport Authority Loan Agreement. Approve payments made during March 2001. Approve proposal from Ardan~an & Associates, Inc., for Art Lane Landfill groundwater monitoring at rates specified; cost not to exceed $24,926.00. Authorize preparation of Feasibility, Cost and Alignment Analysis for North SR46 Area. Ivey, Harris & Walls, Inc., to prepare at cost of $86,062.50. Set second May Regular Meeting date to Tuesday, May 29, as discussed in today' s Work Session. Approve $5,000 Workers' Compensation Settlement to Nell Wise. Approve Goldsboro Connector a.k.o. Mulberry Avenue extension ronte three and authorize to fund the design from LOGT. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Approve two times per year bulk trash pick up with dumpsten available at other times. and bulk trash not meeting code to be handled through Code Enforcement. Doreen Freeman, 705 Mellonville Avenue, reported that when privatizing solid waste was discussed the citizens were told that the same service would be provided as when the refuse system was public. Less than two years of the five-year contract has passed and there are changes being made to the contract. She said that residents who handle their trash correctly __ are being punished and she strongly opposes having the biannual pickups. She suggested that violators of the code be penalized for their negligence. Art Harris, 1108 Grove Manor Drive, reported that from 1955 to 1991 he managed fairly large companies and signed many hundreds of comets, none of which were allowed to be changed in the middle of a contract period. He said that many times he has to call to get his trash picked up and three times in the past three weeks he has called City Hall to get his yard MINUTES i: 0 9 City Commission, Sanford, Florida REGULAR MEETING MARCH 26 2001 E00014148 trash picked up; he is getting sony service. He does not want to be relegated to spring and fall clean ups, but wants to receive his flee bulk trash pick ups. Commissioner Eckstein moved to approve the biannual pickups and Code Enforcement process. Seconded by Cornnissioner Lessard. Commissioner Eckstein said that while good arguments were presented, something has to be done. The haulers have gone the extra mile in many areas. If going to biannual pick ups doesn't work, the contract next year can include going back to four pickups. Commissioner Lessard said that the statement has been made that citizens are paying the same for refuse service that we always have, and clarified that the City and citizens are in fact paying considerably less because of savings to general revenue and workers compensation, etc. The motion was carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3632 to amend the Firefighters' Pension Plan. Recommended by the Pension Board, the Finance Director, and the City Manager. Ordinance No. 3632 was read by title, as follows: 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 AMEND THE DEFINITION OF "AVERAGE FINAL COMPENSATION"; AMENDING SECTION 2-286, BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Commissioner Eekstein moved to table the first reading of Ordinance No. 3632. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3633 to amend the Police Officers' Pension Plan. Recommended by the Pension Board, the Finance Director, and the City Manager. Ordinance No. 3633 was read by title, as follows: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XV, POLICE OFFICERS' RETIREMENT SYSTEM; AMENDING SECTION 2-261, DEFINITIONS, TO AMEND THE DEFINITION OF "AVERAGE FINAL COMPENSATION; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR SEVERABILITY OF PROVISIONS, --- REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Commissioner Eckstein moved to table the first reading of Ordinance No. 3633. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye "" Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Commissioner Jones said that the pre-retirement death benefit has to be addressed by June. Finance Director Donna Watt said she will bring hack new ordinances that just have the benefit that relates to the State Premium tax monies. i 10 M NUTES City Commission, Sanford, Florida REGULAR MEETING MARCH 26 20 01 E00014148 Adont Resolution No. 1873 to amend the Class and Pay Plan by adding one Receptionist position to the Utilities Department. Recommended by the Human Resources Director and the City Manager. On rcconnncndation of the City Manager, Commissioner Eckstein moved to adopt Resolution No. 1873, entitled: 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 ADDITION OF ONE (1) "RECEPTIONIST" POSITION IN THE ADMINISTRATION DIVISION WITHIN THE UTILITY DEPARTMENT PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Authorize staff to negotiate a contract for the Law Enforcement Center Space Phnning and Renovations. Negotiations to begin with Janus Building Cornoration and if consensus cannot be reached negotiate with CPIt Constructors, LLC, and if consensus cannot be reached negotiate with The Colhge Companies: City Commission to have final approval. Recommended by the Director of Engineering and Planning and the City Manager. Commissioner Eckstein moved to authorize Staff to negotiate a contract for the Law Enforcement Center Space Planning and Renovations; negotiations to begin with Janus Building Corporation and if consensus cannot be reached, negotiate with CPH Constructors, LLC, and if consensus cannot be reached negotiate with The Collage Companies; City Commission to have final approval. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Approve Boys and Girls Club of Central Florida lease terms and conditions. On recorranendation of the City Manager, Commissioner Eckstein moved to approve a one year lease with the Boys and Girls Club of Central Florida~ Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Lessard Aye Commissioner Jones Aye Approve CPH Engineers Amendment #60 in an amount not to exceed $258,441, for redesign and re-permitting of the South Water Reclamation Facility. Recommended by the Utility Director and the City Manager. On recommendation ofthe City Manager, Commissioner Eckstein moved to approve CPH Engineers Amendment #60 in an mount not to exceed $258,441, for redesign and re-permitting of the South Water Reclamation Facility. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye Add-on items. There were no Add-on items. MINUTES I i I City Commission, Sanford, FloridaREGULAR MEETING MARCH 26 2001 Information only. 1. Planned development map. This item was noted. City Attorney's Report. City Attorney Colbert reported that the Commission has the option of having a Special Meeting at a date and time certain and list on the agenda the discussion of The Sanford Housing Authority and the special event in the park, or to continue tonight' s meeting to a date and time certain and list those two items on the agenck The Commission concurred to continue tonight' s meeting to 7:00 P.M., Thursday, March 29, in the City Commission Chambers. Mr. Colbert said that tonight is Mayor Dale' s last Regular Meeting and that he has had the privilege of serving with three Mayors. He has enjoyed working with Mayor Dale, found it to be interesting and never dull and never questioned that the Mayor was doing what was in the City' s best interest, with vigor. Mayor Dale said he has enjoyed working with the City Attorney, that he has been diligent, available, and knowledgeable; it has been a real pleasure. City Clerk's Report. No report. City Manager's Report. City Manager VartDerworp reported he will be attending tomorrow's meeting of the Seminole County Board of Commissioners; there will be discussion regarding the Old Post Office building. City Commissioners' Reports. Commissioner Eckstein- no report. Commissioner Lessard - no report. Commissioner Jones - no report. Commissioner Lessard moved to continue tonight's meeting to Thursday, March 29, at 7:00 P.M., in the City Commission Chambers. Seconded by Commissioner Ecksteirk City Attorney Colbert said it is the intention of the Commission that there be two items on the agenda: Fort Mellon Park use and The Sanford Housing Authority. Mayor Dale said the agenda would also include use of the Old Post Office building and other business. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Jones Aye There being no further business, the meeting was adjourned. Mayor Attest: City Clerk cp