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062501 ws/rm min. M NUTES City Commission, Sanford, Florida WORK SESSION JUNE 25 20~1 The City Commission of the City of Sanford, Florida met in Work Session on Monday, June 25, 2001, at 3:30 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eekstein Commissioner Velma Willjams Commissioner Randy Jones (joined the meeting: ,during the third item) Commissioner Art Woodruff City Manager Anthony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Interview of nrosnective board appointees. Nuisance Abatement Board. Marveen Kelly' s term expires July 22, 2001. City Clerk Janet:Dougherty introduced : Christopher PowelL whose application is on file for the Nuisance Abatement Board. Mr. Powell said that hei and his wife had recently relocated to Sanford and that they were planning to start their family here. Mr2 Powell said ~hat he liked ithe direction Sanford was going as far as crime prevention, and that he would like to be active in the community in whatever way he could. The issue that most directly affects the Powells is some of the vice-type crime which he sees in his own neighborhood, and he would like to be proactive in the matter and help out with any flesh ideas he can bring to the Board. In addition, Mr. Powell said he had met several of the Sanford police officers, and thanked ChiefBrian Tooley for the fine job the Department is doing. Presentation by Teresa C. Rose for Meals on Wheels, Etc. Terry Rose, Director of Community Relations for Meals on Wheels, Etc. (f/k/a Better Living for Seniors, Inc.), was introduced and gave an overview of the Meals on Wheels program and said that the program does much more for the commurdty's seniors than the traditional view of delivering prepackaged meals to those who qualify for assistance. The additional services provided include congregate meals, transportation, case management, homemaker services, chore services, and they have two programs they administer which are County programs: one is the emergency home repair program, and the other is the home modification program for the disabled. Ms. Rose said the program needs the support of the Commission, and that she would be asking each Seminole County city to think of the senior citizens this year when looking at their budget. Ms. Rose went over the current funding sources of the program, and said that Seminole County contributed about $193,000.00, or 8%, of the $2,300,000.00 budget. The Sanford portion of their budget for the three core programs (home-delivered meals, transportation, and congregate meals) is approximately $613,700.00, which is almost 27% of their budget. Ms. Rose asked the Commission to set aside some dollars for the seniors in the Sanford community, and also said that the program had expanded to include a new branch called "Deals on Wheels," a community caterer, which would also help to fund Meals on Wheels, Etc. City Manager VanDerworp said that budget work sessions would begin in a couple of weeks and that the Commission got various agency requests each year, but that with the number of requests received it was difficult to decide which programs to fired and which not to fund. As a result, the Commission has focused its attention on three local agencies recently: LYNX, Sanford Main Street, Inc., and the Sanford Seminole Chamber of Cornnaerce. The City Manager said he appreciated the County's contribution, and he reminded the Commission that some of the City's taxes did in fact go to the County to help with this program, and all of the organizations Seminole County supports. Commissioner W'~liams asked what percentage of the Meals on Wheels, Etc. recipients were Sanford residents. Ms. Rose said that in the three core programs, 108 Sanford clients were getting home-~iellvered meals, 192 were getting MINUTES 2 2 3 City Commission, Sanford, Florida WORK SESSION ~ 25 2(91 transportation~ and 142 were g~ing congregate meals. With the hot meal and cold pack delivered 5 days a wee/~ or 250 days a year, at $7.25 per day, the meals alone cost $195,750.00. Ms. Rose said qu~li~c~tion for the program w~s determine~ by the client' s age (60 ycars of or older) and the case manager~ s determ~tion o f individual need based on ~ and income. If a client does not qualify in either of these ways, a "fee for service" program is available. Mayor Lessard said he felt the organ/zation was on to something with the "Deals on Wheels" concept and praised the innovative program, whose profits go directly back to the Meals program. Ms. Rose said that the organization always had client and volunteer waiting lists, and she encouraged volunteer activity. She said that thirty people on staff are ~laried, and the rest am volunteers. Approximately 90% of the clients serviced in Sanford are minorities. An additional program offered is transportation, which helps clients get to doctors' appointments and pharmacies, and provides rides to congregate meal sites. (Mayor Lessard briefly left the meeting and returned.) Discussion re~ardin~, speed humps on Coronado Concourse. City Engineer Bob Walter said that a group of citizens from Ell Avenue and Coronado Concourse implored the City via petition to look into speeding on the street back in March, and as a result a trafSc study was done by Seminole County. The study indicated that most people (90% on Ell Avenue and 96% on Coronado Concourse) were doing within 5 miles per hour of the posted speed limit and that most of the vehicles studied were cars rather than large tracks or commercial vehicles. The conclusion was that there was no improvement necessary; therefore, the recommendation by the Director of Engineering and Planning was that no action he taken at this time with regards to installing speed humps on Elm Avenue and Coronado ,.-. Concourse. Commissioner Eckstein suggested that the District Commissioner, Commissioner Jones, should look at the issue before a deoision is made. Commissioner Eckstein said that he would endorse the speed humps if Commissioner Jones did, and he said that the speed humps bad improved the tra~c control in his neighborhood vastly since they were installed. In addition, he said it only took one serious accident in a neighborhood for everyone to endorse speed control, which might be prevented with the addition of this improvement. Mayor Lessard echoed Commissioner Eekstein's thoughts and agreed to wait for Commissioner Jones to make a decision. Deputy Fire Chief Jerry Ransom said that the speed humps were not a serious problem for the Department since this area was not a main thoroughfare and emergency response would not be an issue; City M~nager VanDerworp said that once a decision had been made to install them in a certain area, the City and Fire Department got together and decided which type of speed humps were more suitable to the area and where they should be located. Mayor Lessard said that he felt some of the speed humps should be located in front of the petitioners' homes. (Commissioner Jones joined the meeting.) Commissioner Jones endorsed the speed humps being installed after reading the petition and seeing the number of eitizeus who had signed it. As there was a consensus by the Commission, the City Manager asked Mr. Walter to coordinate a quick town meeting with Commissioner Jones and the residents of the area. He asked Mr. Walter to make sure that Jerry Hermm~ the Director of Public Works, had looked at the proposed locations and approved them prior to the meeting. Commissioner Jones said he would like Mr. Walter to contact Ms. Downer, who originally wrote the letter, and to send her a letter saying that the Commasion supported her neighborhood's request and informing her of the town meeting time and location after it was decided upon. Re~,ular A~cnda items. add-on items. and other items. MINUTES WORK SESSION JUNE 25 2001 City Commission, Sanford, Florida City Commission Liaison Role. City Manager VanDenvorp said he wanted to discuss the Telecowanunications Ordinance and see if any of the Commissioners had any questions about it. Commissioner Eekstein said he wanted to discuss some issues around current City Commission Liaison Diane Crews' departure, although he was aware that the agendized item was for Commissioner WilHams to discuss her liaison role. Mayor Lessard said that he had started out the Commission Liaison discussion at the last scheduled work session with a smmnm~ of the boards he currently served as liaison to, and each Commissioner would be explaining his or her role in upcoming work sessions. Commissioner Willjams said that she served as Comnission Liaison to the Sanford Housing Authority, and that she viewed her role as that of a typical liaison: the individual who disseminates information between two agencies or entities. She said she did not see her role as a monitor of the agency' s budget or staff, or oversight of the agency' s budget or staff, mainly because the law does not allow a City Commissioner to do that type of thing. Her role is mainly to appoint and to remove the board. She said that the Commission should be updated on all Authority events for at least the next six months to one year, and that the current Chairman, Joe Davis, would be the best person to provide a quarterly update to the Commission. Commissioner Eckstein asked if them was anything the Commission should know about the Housing Authority at the present time, as he saw this obligation in her role as liaison as well. Commissioner Williams provided the most recent monthly Housing Authority Agenda to the Commission and said that of nine finalists for the Director position, five persons were still interested, there was no response from two of them, and two individuals declined. She said that Acting Director Juan Patterson had prepared a status report, which she handed out to the Commission, and said that the only matters she was aware of at the Housing Authority was the selection of the Executive Director and HUD working closely with TARC, the organization that has been hired to bring about changes in the Housing Authority. Commissioner Eckstein said that the information Commissioner Williams provided was great, and thanked her for her presentation. He shared his view that as the Commission Liaison, Commissioner Willjams should also share coneems of the Commission with the Authority. Mayor Lessard expressed his feeling that the Authority, Commissioner Williams, and the current Board were navigating some troubled waters admirably. Commissioner Williams said that other beards she was on, but not in a liaison capacity, included the Youth Commission, with a vote; the Chamber Board, with a vote; and the 17-92 Corridor Task Force, with a vote. Commissioner Eekstein reminded the Commission that if anyone was on a board and had voting privileges, that Commissioner should vote according to the interest of the Commission. In closing, Commissioner Willjams reminded the Commission that for two years, citizens came before the Commission publicly and shared their concerns about the Housing Authority, and that each Commissioner was as aware of the growing and ongoindg Housing Authority concems as Commissioner X~r~liarr~ She said that the City did respond to the citizens' concerns by sending Commissioner Williams, the Mayor, and others to the areas and recording all their various needs and concerns, offering suggestions, and making sure the citizens were beard. Mayor Lessard thanked her for her presentation, and it was decided that Commissioner Woodruff would speak about his role as liaison at the next scheduled work session meeting on July 9, 2001. Commissioner Woodmff raised the question of the Commissioners' opinions on the penny sales tax. Mayor Lessard said the City would need to formalize its position on the tax at some time, not that this particular time was appropriate MINUTES 2 2 5 City Commission, Sanford, Florida WORK SESSION JUNE 2S 281 for discussion of the matter. Conmfissioner Eckstein endorsed the tax and said he was ready to discuss the matter immediately. Mayor Lessard said that Seminole County was appropriating $163,500.00 for an "educational, campaign-like, situation, and he had a feeling that the County would he looking for some cost-sharing among the cities. City Manager VanDerworp said that the City had already contributed $4,000.00 towards that effort and that the County would he signing the agreement on June 26th, as well as their approval of the budget amendment for the County's share of the hformation campaign. The City Manager said he would he attending the 1:30 p.rr~ meeting on June 26th. Commissioner Eckstein said that he originally thought that Item 4.A. on the Agenda, "City Commission Liaison Role," referred to the recently vacated position of Diane Crews. Commissioner Eckstein said the Commaion would miss Diane very much, but tb~at she obviously needed to he replaced. He expressed the view that the Liaison position was very important in that the Commissioners and Mayor used the individual in the position extensively, and that in choosing a replacement, the Commission needed to look to the Mayor for overall approval since the Liaison would he working with the Mayor 90% of the time. Cott~issioner Eckstein said he would like to agree on a replacement unanimously, but that in his selection he would defer to the Mayor. Commissioner Willlares said she would like to look at the r~sut~s submitted to date in order to narrow the pool of candidates. Mayor Lessard told the Commission an ad bad been rim, and that ultimately July 6th was the date they would have to consider. Mayor Lessard said that approximately 50 to 60 r~sum~s had been submitted, and that about 7 ofthose looked like they merited second looks. He asked the Commissioners to take a look at the r~surr~s, which were on Diane Crews' desk, and -- comment on them. Mayor Lessard and City Manager VanDerworp said they were going to try to begin the interview process this week; Commissioner Eckstein urged each Commissioner to attend individual interviews if they felt strongly about Ms. Crews' replacement. Mayor Lessard said that after a replacement was chosen, the Commission also would have to agree on salary and the like. Telecommunications Ordinance and Resolutions. (After giving a briefinttoduetinn, City Manager VanDerworp briefly let~ the meeting.) Deputy City Manager Roger Dixon explained that the current communications and telecon-hunications market was such that providers were bundling services, competing and crossing over into one another's markets, and the ordinance is a way of simplifying the collection and division of fees and taxes. The advantage of the ordinance is that rather than the City of Sanford, the State of Florida will monitor and audit the telecommunications firms' revenues and allow for competition among providers. The Deputy City Manager said that cable television service was not included in the Ordinance because cable was considered a communications service provider and not a telecommunications service provider, but that cable service providers had elected to breach their currein contracts to he a part ofthis legislation and would he included. The City of Sanford currently collects permit fees from cable providers of 5% of their revenues; telecommunications providers, 1%; and utilities providers, 7%. Deputy City Manager Dixon explained that the City curremly receives franchise fees from two franchises: Time Warner, a cable television service provider, and BellSouth, a telephone sewice provider. TCI is requesting new phcemeat in city rights- of-way, as are several other telecommunications sewices. The first year, telecommunications service pmviders will pay the maximum allowable conversion fee of 5.4%; the second year, 5.1%. Resolution 1882 provides for the City of Sanford collecting a 0. 12% telecommunications tax on all sewices in lieu o f permit fees (bringing the to tal tax co llected in the first year to 5.52% ). Commissioner Eckstein asked Donna Watt, Director of Finance, ff she had analyzed the proposed Ordinance and 2 2' 6 MINUTES WORK SESSION JUNE 25 2001 City Commission, Sanford, Florida E00014148 Resolutions. Ms. Watt said that close monitoring of the revenues would be necessary for the next 12 to 18 months, but that the intent of the Ordinance is to ensure that the City does not collect any less than it has been. In addition to Time Wamer and BellSouth, a utilities service tax on telecowauunications services (for cell phones and the like) is being monitored for revenues. Commissioner Eckstein stated that Time Wamer's exclusive, non-compete franchise should be challenged because of the number of outages incurred along with constant fee increases. The outages have improved since Time Wamer installed fiber optic cables, but its fees constantly increase with no additional services provided, and at some point municipalities need to band together to take a stand against the monopoly Time Wamer has. Mayor Lessard echoed the Commissioner's observations, saying that the bottom line was on the consumer' s bill. The Deputy City Manager said that one of the reasons the law was created was that once the franchise agreement commitments were complete, municipalities will not be allowed to go into individual franchises with telecommunications or communications companies. Mayor Lessard observed that another example of a City-protected and -enforced monopoly was trash pick-up, and he said that he had a philosophical problem with taxing the citizens of Sanford for necessities or necessities for improvement. Jerry Herman, Director of Publlc Works, said that the fee for a 20-yard dumpster was 15% of $85.00, or $10.00 to $12.00. Mayor Lessard said that the City could get dumpsters for anywhere from $80.00 to $120.00 less if competition were allowed. City Manager VartDerworp said that the issue was a contract negotiation item next time it came up, although he was not sure when that would be. Mr. Herman said that the fee could he mitigated if the Mayor chose; the City Manager said that while the cost could be cut, it still did not open up competition under the current contract. (City Clerk Janet Dougherty briefly left the meeting.) Deputy City Manager Dixon said that the first reading of Ordinance No. 3656 and the request for adoption of Resolutions Numbered 1881 and 1882 were going to take place at the regular meeting this evening. City Manager V anDerworp said that insurance rates would he provided at the regular meeting. Mavor's Briefing. Hydroprop 2002 update. Mayor Lessard distributed information on the Hydroprop 2002 Tour, a boat racing tournament, in negotiation to make Sanford the first stop on its circuit in the 2002 season from May 3 through May 5, 2002. He and City Manager V anDerworp met with the people in charge of the tour and led them on an inspection of the water, and the Mayor feels Sanford has a good chance of hosting the event. Appeal of Historic Preservation Board's approval. Mayor Lessard announced that the appeal on the Regular Meeting Agenda would not be taking place this evening, and that the parties were going to settle the matter with a discussion rather than with the City's intervention. The Mayor said he had in hand the appellant's written notification of her desire to withdraw. Ball field lights (Fort Mellon Park). Mike Kirby, Director of Recreation and Parks, said that two of the lights scheduled for removal from Fort Mellon Park would be going to Coastline Park, and two would be going to Academy Manor. Mayor Lessard said that the only complicating issue is the fact that Musco, the initial contractor, had the City in a spot regarding the cost and warranty. (City Clerk Dougherty retumed to the meeting.) The only options, Mr. Kirby said, were to leave all of the lights up, take all ofthem down, or to leave up only the field lights at Fort Mellon Park. The least expensive option was to take down all of the fights, but Recreation and Parks wanted to ensure that the Commission was in agreement before making MINUTES City Commission, Sanford, Florida WORK SESSION that decision. Mr. Kirby said that the remaining five poles would be stored safely for future use. Commissioner Willjams asked whether two light poles were sufficient for Coastline Park, and Mr. Kirby said that the lights were very powerful and he fell they would be sufficient. Commissioner Eckstein asked ifliglts would be installed in Washln~on Oaks, and Commissioner Woodruff said that the users of the park wanted the lights while nearby residents did not. Commissioner Woodruff said that until "we do something with that park," lighting should not be installed. Mr. Kirby and Commissioner Eckstein said that they had the same understanding from the residents of the Washington Oaks Park area. Commissioner Williams said she thought the park was going to be enhanced and installing lights would be part of the enhancement. City Ivlanager VanDerworp said that the park' s enhancement was planned, and that there would be community meetings closer to the time of the actual process getting underway. Briefexplanation of Special Assessment District referendum standards. Mayor Lessard asked the City Clerk to explain referendum standards for the Special Assessment District Ballots and the coming procedure decided oru Ms. Dougherty distributed written standards to the Commi.qsion and explained that the ballots went out requiring signature of property owner; the ballots require the last four digits of the propony owner' s Social Security Number for verification, and the person completing the ballot was required to put a mark in the space (yes or no). Commissioner Woodruffasked how churches' votes were being counted, and Ms. Dougherty said that each church's name was preptinted on the ballot and required to be signed by an officer or other authorized signatory ofthe churck Mayor Lessard added that a Baptist, Methodist or Presbyterian church might have a hoard of deacons; the Catholic Church might give its priest authorization to sigrk As long as that person, or those persons, are authorized to sign for the church, the ballot will be counted. The City Ivlanager noted that the ballot had gone to the property owner, and however the owner handled the ballot at~er its receipt of same was its decisiork The City Clerk said the hst of the ballots were due back by close of business on Monday, July 16, 2001, and that a special meetinlg would be set for that evening at 7:00 p.m. to count the ballots. The meeting will be posted and will be handled as a special meeting, with mutes and all other procedures followed. Mayor Lessard said that although the meeting was for the Commission to count the ballots, it was not mandatory attendance, and all others were welcome to observe as the votes were being counted. Mayor Lessard said that he and City Clerk Dougbeny will be in attendance. The ballots will be sorted in the Commission Chambers, then counted live with the consultant, Andrew Van Gaale, nsin~ a hptop computer programmed to count votes by square footage. The running totals will be shown on the overhead display in the Commission Chambers during the meeting and visible to everyone present. The computer program will total the votes, and the official results will be available at the regular July 23~a meeting. Citw Manaller's Briefing,. Realignmere of Oregon Avenue (a/k/a Hughey Street) and Rinehart Road intersection. Bob Walter distributed maps of the proposed realignment. The City Manager explained that Oregon Avenue needed to be realigned so that there was a better intersection with Rinehart Road, and that he wanted the Conmission ' s go-ahead to start the necessary legal documents and other procedural matters before going forward with the project. Mr. Walter said that hoth properties bad annexed from each side of the street, making Oregon Avenue a street in the City's ju~sdietion~ The Nettles property shown on the map distributed is listed as a county property, but it has been annexed since the map was made. The same is tree of the Tom Ball property on Rinehart. Mr. Walter said that the existing intersection prevents motorists from turning lel~ from Oregon Avenue for two reasons: ( 1 ) there is no existing median cut there, and (2) the existing median cuts cannot be moved because they have with them 2 2 8 MINUTES WORK SESSION JUNE 25 2001 City Commission, Sanford, Florida existing agreements with the property owners that gave right-of-way for Rinehart. Seminole County does not have the authority to change the existing cuts, so the cuts will have to remain where they are today. The only solution, essentially, is to realign Oregon Avenue to where there is an existing cut, providing for left turns onto and from Rinehart Road, making it a better and safer intersectior~ This change will require grants of easement and donations o f land from property owners Ball and Register. Mr. Walter said that both parties are willing to enter into the agreement, which will give the City the right-of-way and a drainage easement for retention for that particular portion of each property, and the City will agree to a location for access to each property in the realignment. Mr. Waiter said that this was also consistent with the current School Board design. Commissioner Eekstein asked if a traffic light would be placed at the new intersection for access to the school. Mr. Waiter said there was no plan to install one at this time, as all traffic was purportedly entering the school from the south. City Manager VanDerworp said that in the absence of a traffic light, a left turn from Rinehart would probably be necessary. Mr. Waiter said he did have a design for the left mm from Oregon Avenue, but not from Rinehart Road. Commissioner Eckstein noted that the School Board had an interest in h~aving a light installed at the intersection. City Manager Vanl]erworp asked that he and Commissioner Eckstein be informed when a design was available, and said he would at least like a storage there. Mr. Walter said that a storage was planned for the let~ turn out and the right tum out on Oregon/Hughey. He also said the mad was being built by the School Board with cooperation and participation from these developers. Commissioner Eckstein observed that parents, teachers, and buses, as well as other school traffic, all converged at one time within 15 to 20 minutes of each other, creating a tremendous mount of traffic near the school. He noted that some vision was necessary by the Commission as to bow the right-of-way would impact Rinehart Road. Mr. Waiter said that a traffic study had been done, showing the school as the biggest contributor to traffic during the peak morning hours Commissioner Eckstein referred W. City Manager VanDerworp asked that further observation be done on Rinehart Road to see ff there is anything more that can be done to ameliorate the traffic issue. Clarification of Consent Item by City Clerk. Mayor Lessard said that City Clerk Dougherty wanted to clarify Consent Item No. 8, "Approve street closure and deny use of Indemnification Agreement [for Oak Avenue Block Party]." It should actually read, "Approve street closure and deny request to waive the Special Event insurance requirement." Mayor Lessard asked either the City Clerk or the City Manager to remind him of the change during the Regular Meeting. Other items. Commissioner Williams said that she had barbored reservations for approximately the past nine months regarding voicing concerns she has about the perceived tinfair treatment of African-American employees. She reiterated that this was perceived, as she had no evidence of the unfair treatment. Without being specific, Commissioner Williarns said she felt the Commission should give the matter its immediate attention. Commissioner Williams said she was especially concemed about the issue in the Public Works Department; however, she did not feel it was limited to Public Works. Commissioner Williams explained that her reluctance to be specific stemmed from her responsibility to those employees who had articulated their concerns to her, and to the City Manager, who was looking into one matter in particular where the issue arose and was attempting to work it out. Commissioner Eckstein asked if Commissioner W'~liams was providing the City Manager with specifics, and said that without all of the "specifics" Commissioner Williams referred to, the City Man~ager would not be able to investigate an accusation properly. Commissioner Eckstein compared the sitnation to someone who writes a letter, but won't sign his or her name; he said that as a Commissioner he would "not put up with" vague accusations. He said that with any specific incident, MINUTES 23 i City Commission, Sanford, Florida WOl~ SESSION ~ lS 281 the City Manager has an obligation to properly investigate a matter; "things in general" is inadequate. Commissioner Williams said again that she did not want to get specific, but that she felt that it was incumbent upon her to bring this before the Commission. Commissioner Eekstein again said nothing would be investigated that was not specific, and Commissioner Wi|lianls said that she had not asked him to investigate anything as a Commissioner until she gave the City Manager the opportunity to address the situation(s) she referred to. She said that she was speaking on behalf of those persons who articulated concerns to her, right or wrong, and again stressed that these were perceived rather than proven concerns, and not meant as accusations. Commissioner W'~liams said many times we did not want to "face reality and deal with situations," but that once an employee filed a hwsult, it was then too late. The Commissioner said she was merely suggesting the City be proactive and aware in order to avoid this type of action. She went on to say that the situation had recently escalated, and "it could be causing division" among the employees. Commissioner Eckstein asked if the City was on the verge of an incident, and Commissioner Willinrns said only that there were feelings, especially in the Public Works Depamnent, but that she still did not care to be specific before the City Manager had the oppommity to resolve them. Mayor Lessard encouraged the City Manager to get details from Commissioner Williams, and the City Manager said he was currently looking into an issue she had brought to him regarding an employee disciplinary action. City Manager VanDerworp also urged Commissioner W'~liams to give him any other examples she might have that lead her to believe there is any sort of perceived problem "across the board" in a department, because he needs them to fully investigate the matter. July Fourth Celebration. Mayor Lessard said that Walt Padgett was in attendance, and Mr. Padgett said that the July 4th celebration planned for Sanford would be much the same as last year' s celebration. Fireworks are to be fired fxom Seminole Boulevard out over the lake; Fort Mellon Park is the venue for the celebration; three radio stations are co-sponsoring the event with the City and with Main Street; live entertainment will be offered. Mr. Padgett said he expected attendance to be up this year from about 65,000 in 2000. The Fire and Police Departments are all set, and all staff and volunteers are ready. Mr. Padgett promised a great party and invited everyone to join the City for one of the best fireworks shows in Central Horida. Mayor Lessard said that the area would be sprayed for mosquitoes, and Police ChiefBrian Tooley said that his department was ready. Lastly, City Manager VanDerworp said that there were two minor verbiage changes to Regular Item No. 6 on tonight' s Agenda, which he would give the Commission during the Regular Meeting. There being no further business, the meeting was adjourned. Mayor Attest: City Clerk re MrNUTES REGULAR MEETING JUNE 25 2001 City Commission, Sanford, Florida The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 25, 200 I, at 7:00 P.M. in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein Commissioner Velma H. Willjams Commissioner Art Woodruff Commissioner Randy Jones (joined the meeting during the first item) City Attorney William L. Colbert City Manager Anthony VartDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Proclamation - Dechre Jnne 25-29, 2001 as Code Enforcement Offieer's A!~l~reeiation Week. Mayor Lessard read a proclamation proclaiming June 25-29, 2001 Code Enforcement Officer's Appreciation Week and presented the proclamation to Charles Rowe, Director of Community Development, and Arlene Rumbley, Code Enforcement Officer. [Commissioner Jones entered the meeting. ] Al~Oroval of Minutes. Commissioner Williams moved to approve the Minutes of the May 14, 2001 Work Session, and of the Regular Meetings of May 14, 2001 and May 29, 2001. Seconded by Commissioner Woodmffand carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearin~ and first readin~ of Ordinance No. 3654 to rezone a Oortion of the Orol}ertV between West 24m Street and West 24th Place and between French Avenue and Laurel Avenue from RC-1, Restricted Commercial, to GC-2, General Commercial; Randal Siegel, aOifficant. Recommended by the Planning and Zoning Commission, the Director of Engineering and Planning, and the City Manager. Ad published May 20, 2001. Ordinance No. 3654 was read by title. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3654. The applicant, Randal Siegel, of 416 Soft Shadow Lane, DeBary, reported that the Planning and Zoning Commission approved the rezoning without car sales. Commissioners Jones and Woodruff said they had both observed five or six cars along the back part of the property, which have remained there for some time, and Mr. Siegel said that the automobiles had been left by the previous owner and were to be wholesalted. Commissioner Woodruff moved on the first reading of Ordinance No. 3654, as recommended, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 0.69~ ACRES OF PROPERTY LYING BETWEEN WEST 24m STREET AND WEST 24TM PLACE AND BETWEEN FRENCH AVENUE AND LAUREL AVENUE FROM RC-1, RESTRICTED COMMERCIAL, TO GC-2, GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodraft Aye Commissioner Jones Aye MINUTES 2 3 3 City Commission, Sanford, Florida REGULAR MEETING JUNE 25 281 Boards: appointment/reappointment. Nuisance Abatement Board. City Clerk Janet Dougherty reported tie term of Marveen Kelly expires on July 22, _. 2001; she has been contacted and wishes to be reappointed. In addition, tiere is an application on fie from Christopher J. Powell. Commissioner Woodruffmoved to appoint Christopher J. Powell to tie Board. Seconded by Commissioner Eckstein and carried by a voted of tie Commission as follows: '-- Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Mayor Lessard said that he wanted to recognize Ms. Kelly for the admirable job she had done as chair of the Board, and asked tie City Clerk to write a letter to Ms. Kelly thanking her for her efforts. Appeal of Historic Preservation Board's approval of a Certificate of Appropriateness to replace existing doors at 400 Palmetto Avenue; owner, Edward and Michelle Maddy; appellant, Barbara R. Banman. The Director of Engineering and Planning and the City Manager recommend upholding the Historic Preservation Board' s approval Mayor Lcssard notified the Commission that this item had been removed from tie Agenda in tie earlier Work Session, following receipt of a letter from tie appellant saying she did not wish to pursue the appeal before tie Commission but would go before Scott Singeisen, Chairman of the Historic Preservation Board, directly. Commissioner Woodmffobserved that tie letter Ms. Bauman wrote to the Commission addressed a lot of other issues, and he wondered whether or not the other matters should be looked at. Mayor Lessard said that he had spoken witi Ma. Bauman on three separate occasions, and following her conversation with Mr. Singcisen, either she or Mr. Singcisen would address tie Commission at a Work Session meeting. Adoption of Resolution No. 1880 to rename Jeweft Lane and Coastline Road to St. Johns Parkway and to readdress properties alonl! these roads; recommended by tie Director of Engineering and Planning and the City Manager. Resolution No. 1880 was read by title. Commissioner Woodruff asked how involved tie affected property owners had been in tie process. Jay Marder, Director of Engineering and Planning, said that most of the property owners had been informally apprised of tie renaming, and it was important that the Resolution be adopted by the Couadssion before sending out more formal notices or generating other publicity for the renaming. In addition, the City has an agreement to rename a significant portion of the road witi Eoghan Kelley, who owned a stretch of right-of-way between Upsala Road and Rinehart Road and who donated tie right-of-way to the City. Commissioner Williams moved to adopt Resolution No. 1880, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA RENAMING JEWETT LANE AND COASTLINE ROAD TO ST. JOHNS PARKWAY AND TO PROVIDE FOR READDRESSING PROPERTIES ALONG THESE ROADS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye MINUTES REGULAR MEETING JUNE 25 2001 City Commission, Sanford, Florida Inonerable/untagged vehicle: time extension request. Anthony Alameda, 161 Wood Ridge Trail, has requested an extension until August 1, 2001. The Director of Community Development and the City Manager recommend denial of the request. Charles Rowe, Director of Community Development, noted that the request would put Mr. Alameda at 173 days from the time of the initial posting (February 14, 2001 ). Commissioner Eckstein noted that there was quite a bit of expense involved in reinstating a driver's license, reinsuring an automobile, and renewing a tag, and given the current financial hardship of Mr. Alameda he felt the August 1, 2001 extension was fair. Commissioner Woodruffcon~nued with Mr. Rowe that August I was when Mr. Alameda felt he would have the funds necessary to get the vehicle into compliance, and not just the date he would be eligible to do so. Commissioner Eckstein moved to allow Mr. Alameda until August 1, 2001 to bring the vehicle (a Ford Crown Victoria, VIN 2FABP74FUKX226335) into compliance. Seconded by Commissioner Williams and carried by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye ADorove sale of Fire Station No. 2 to VOSR Industries, subject to City Attorney approval of all sale documents. City Manager VanDerworp said the City had received an earlier offer on the property from Mr. Sandefur, which fell through, but that the current offer from VOSR was for $125,000.00. The sale to VOSR was recommended by staff. The City Manager said the property was worth approximately $115,000.00, and the building on the property, which could cost $30,000.00 or more to remove, was not of any other use. Mayor Lessard want over the "closing dates" options noted in the Purchaser' s Non-Binding Letter of Intent, and City Manager VanDerworp said that Option 2, or within 90 days of notice by the City of Sanford of vacathig of the premises by the fire department, would be the closing date recommended by staff.. VOSR's representative was in the audience and agreed that Option 2 would be acceptable. Mayor Lessard also thanked VOSR for its willingness to demolish the old building as rapidly as they took possession. Commissioner Jones moved to approve the sale of Fire Station No. 2 under the terms of the Non-Binding Letter of Intent dated June 17, 2001 by VOSR Industries to the City of Sanford, subject to City Attorney approval of all sale documents. Seconded by Commissioner Williams and carried by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye First reading of Ordinance No. 3655 to annex 6.8 acres of property lviw, between School Road and Church Street and between N. White Cedar Road and Creek Road (3872 Church Street); Juan B. Quesada, owner; and authorization of the Ore-annexation agreement. The Plans Review Committee, the Director of Engineering and Planning, and the City Manager recommend annexation subject to authorization of the pre-annexation agreement. Ordinance No. 3655 was read by title. City Manager VanDerworp said that a separate motion need not be made to execute the pre-annexation agreement, since the Ordinance is subject to the agreement. The City Manager said that minor changes had been distributed to the Commission, which were with respect only to two legal description metes and bounds MINUTES 2 City Commission, Sanford, Florida REGULAR MEETING JUNE 25 281 numbers for the subject property, and tb~at they were not substantive changes. Commissioner Eckstein moved on the first reading of Ordinance No. 3655, as recommended, entitled: ~ AN ORDINANCE OF THE CITY OF SANFORD, FLORID& TO ANNEX WITHIN ,_ THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, 6.8 ACRES OF PROPERTY LYING BETWEEN SCHOOL ROAD AND CHURCH STREET AND BETWEEN N. WHITE CEDAR ROAD AND ~ CREEK 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 Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye ~ First readin~ of Ordinance No. 3656 for viacement or maintenance of teleeommunieations facilities in hublie roads or ~hts-of-wav. Recommended by the Deputy City Manager and the City Manager. Ordinance No. 3656 was read by title. Commissioner Eckstein moved on the first reading of Ordinance No. 3656, as recommended, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR TITLE; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF- WAY; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR ~INVOLUNTARY TERMINATION OF REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR FORCE MAJEURE; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commi~ioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye ~ Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye Adontion of Resolution No. 1881, regarding permit fees from providers of communications services. Recommended by the Deputy City Manager and the City Manager. Resolution No. 1881 was read by title. Commissioner Eckstein moved to adopt Resolution No. 1881, as recommended, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Woodruff and carded by vote of the Commission as follows: 2 3 6 MINUTES REGULAR MEETING JUNE 25 2001 City Commissionl Sanford, Florida Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Woodruff Aye Commissioner Jones Aye Adoption of Resolution No. 1882, provid'mg for local communications services tax conversion rates. Recommended by the Deputy City Manager and the City Manager. Resolution No. 1882 was read by title. Commissioner Woodruff moved to adopt Resolution No. 1882, as recommended, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'filiams Aye Commissioner Woodruff Aye Commissioner Jones Aye First readinl of Ordinance No. 3657 to annex 10 acres ofl~rolaertv lvinl between Hne Way and Palm Way and between Park National Drive extended southerly and Mellonviile Avenue South (1350 Palm Way); Raymond Valdes, President, Bravados Enterprises, Inc., owner. Reconm~ended by the Plans Review Committee, the Director of Engineering and Plmming, and the City Manager. Ordinance No. 3657 was read by title. Commissioner Jones moved on the first reading of Ordinance No. 3657, as recommended, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, 10 ACRES OF PROPERTY LYING BETWEEN PINE WAY AND PALM WAY AND BETWEEN PARK NATIONAL DRIVE EXTENDED SOUTHERLY AND MELLONVILLE AVENUE SOUTH; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Woodruff Aye Commissioner Jones Aye Al~l~rove Museo Li~htinll quote for removal and relocation of Ft. Mellon ball field lights. Cost of quote is $35,800.00, with warranty remaining in place. Recommended by the Director of Recreation and Parks and the City Manager. MLke Kirby, Director of Recreation and Parks, confirmed that the removal of the lights at Ft. Mellon Park and their relocation at Coastline and Academy Manor Parks would preserve the City' s exist'rag warranty on the lights. Commissioner Jones moved to approve the removal of the lights at Ft. Mellon and their relocation as proposed by the Musco Lighting quotes under cover letter of May 30, 2001, as recorranended. Seconded by Commissioner Willjams and carried by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Wflliams Aye MINUTES 2 3 7 City Commission, Sanford, Florida REGULAR MEETING JUNE 25 281 Commissioner Woodruff Aye Commissioner Jones Aye Consent Al~enda. City Clerk Janet Dougherty clarified the verbiage on Consent Item No. 8 for the Commission, to read instead: "Approve [the] street closure and deny the request to waive the Special Event insurance requirement." The item currently reads "Approve street closure and deny use oflndenmi~cation Agreement." She said the applicants would still he required to file some form ofindernni~cation, but that they had originally requested to waive everything and file neither insurance nor indemni~cation~ Commissioner Jones observed that the Oak Avenue Residents had agreed to sign the indemnification for the block party. Commissioner Eckstein asked City Attorney Colbert to clarify the insurance requirement of the City for special events. Mr. Colbert said that he concurred with the staff recommendation that the City allow the street closure but deny the indemnification waiver. Mr. Colbert said he felt it was "bad policy for the City not to require one or the other." Commissioner Eckstein asked if Consent Items No. 8 and No. 9 could he removed and voted on separately from Items 1 through 7 and Items 10 through 12. The Co~.~ission agreed. Commissioner Eckstein went on to say that while he did not wish to "grandstand," one of the items was being approved based on 15 years of tiiendship, which meant more to him than having his wishes on the matter taken into consideration. He did not say which of Items 1 through 7 or 10 through 12 this statement applied to, but said he felt the individual to whom it applied would know which one he meant. On recommendation of the City Manager, Commissioner Woodruff moved to approve Consent Items No. 1 through 7 and Items 10 through 12, as follows: Approve proposal from Ardaman and Associates, Inc. for groundwater monitoring services for Site 10 and the Mayfair Golf Course. Approve CPH Engineers Amendment #57 for the design of the headworks improvements to the Water Reclamation Facility. Approve CPH Engineers Amendment #62 for the design, permitting and construction services related to Phase II of the reclaimed water augmentation project; funding as outlined in the second amendment to the tri-party agreement of Seminole, Lake Mary and Sanford. Approve Central Florida Underground, Inc. Change Order Request #1 for completion of the Mill Creek III-B Drainage Project. Approve extension and modification of agreement with PACS, INC. for monitoring the maintenance of Mayfair Golf Course through June 30, 2002. Approve payments made during May, 2001. Approve payment of City Attorney's Statement for the month of May, 2001. Approve use of Magnolia Square each Saturday from 7:00 a.m. to 3:00 p.m~ for Farmer' s Market from June 30, 2001 until December 29, 2001; sponsored by Sanford Main Street, Inc. Approve street closure for Festival on the Fourth Special Event from 7:00 a.m. Tuesday, July 3, 2001 through 12:00 p.m. Thursday, July 5, 2001 (close Seminole Boulevard from Sanford Avenue to San Juan); approve waiver of all fees and fire protection; approve the sale and consumption of heer in Fort Mellon Park between 5:00 p.m. and 10:00 p.m. on Wednesday, July 4th, 2001. Approve use of $5,560.00 LETF funds for Police Explorers to attend Police Explorer Academy in St. REGULAR MEETING JUNE 25 2001 City Commission, Sanford, Florida E00014148 Augustine, Florida. Seconded by Commissioner Williams and carded by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Approve street closure and deny the request to waive the Special Event insurance requirement for Oak Avenue Block Party Special Event on Saturday, Jane 30, 2001 from 2:00 p.rr~ until 11:00 p.m. (close Oak Avenue between 12m Street and 13~ Street). Recommended by the City Manager. Commissioner Eckstein said he had no problem approving the item pending the receipt of an executed indenmification agreement, which cotrid be handled through the Recreation and Parks Depaxtment. City Manager VartDerworp clarified that if the rest of the Commission agreed with Commissioner Eckstein, and the indemnification agreement was not received from the Oak Avenue residents, the Oak Avenue Block Party Special Event would not proceed. Mayor Lessard asked if any of the Oak Avenue residents were in attendance, and several, including Gloria Smith of 1217 South Oak Avenue, Gina Newton, the applicant, and neighborhood residents Linda Williams, John and Susan Mulvaney, and Lynn Win, were also present. Ms. Smith said that this was the fourth request of this type to go before the Commission, and that this type of event had never required either insurance or indemnification prior to this time. The neighborhood has never had any problems with these events in the past, would comply with any EMS or police department requirement to get down the street and move the barricades if necessary, and had had no complaints against them from either law enforcement or other neighbors. Ms. Smith asked the Commission why the insurance was now necessary when it had not been in the past; Mayor Lessard and Commissioner Eckstein both observed that it was an unfortunate sign of our times; although this neighborhood probably never would experience any problems, the City had to protect itself against the potential liability of another neighborhood that might contain an attractive nuisance or other hazard. City Manager VanDerworp went on to explain that the City had revised its Special Events Policy to require either indemnification or insurance for each event, so all Special Events applicants would see this requirement in the future. As soon as the new policies were approved by the Commission, the City Manager suggested that Ms. Smith might like to get a copy of them for her records, and welcomed her comments. Mayor Lessard said be was encouraged to see more neighborhood events, such as this block party, taking phce in Sanford; Ms. Smith offered an invitation to Mayor Lessard and the rest of the Commission to join them at the block party. Commissioner Eckstein moved to approve the street closure, as recommended, with the signed indemnification agreement. Seconded by Commissioner Williams and carded by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Approve request for James MacKenneV Supercenter Tent Auto Sale SOecial Event at the Old Movieland Drive-In from Thursday, July 12, 2001 through Monday, July 16, 2001 f~om 9:00 a.nt until 10:00 p.m. daily. Recommended by the City Manager. Scott Sturgill of VOSR Industries, Inc., the owner of the Old Movieland Drive-In property, was in attendance and addressed the Commission. Commissioner Eckstein said that he felt an automobile dealership from Kissimmee should not MINUTES 2 3 9 City Commission, Sanford, Florida REGULAR MEETING JUNE 25 281 in effect take away from automobile dealers here in Sanford; car sales made at a tent sale approved by the Commission for an out-of-town dealer cotrid potentially have gone to a Sanford dealership; Mayor Lessard empathized. Commissioner Jones said that he felt maybe that exact scenario would be motivational for the Sanford dealerships, and asked Mr. Sturgill when the property would be cleared. Mr. Sturgill said he expected the lot to be cleared within the week, and the property to be developed within 9 to 12 months. Commissioner Jones moved to approve the tent sale, as recommended. Seconded by Commissioner W'~liams and carded by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye Add-on items. City Manager VanDerworp reported that there were no add-on items. Information only. City Manager VanDerworp reported that there were no information only items. City Attornev's Renort. City Attorney Colbert said that the Housing Authority voted last Thursday to enter into a settlement agreement with the Plaintiffs and the City of Sanford; the Housing Authority is to make payments to the Plaintiffs in the action and their attorneys. The City has offered no concessions in the agreement, and will not pursue recovery of attorneys' fees. Mr. Colbert said he would be happy to have a vote of the Commission to authorize execution oftbe stipulation for filing in the Court tomorrow [June 26, 2001 ], which would resolve the case. Mayor Lessard asked Mr. Colbert if his firm could act without the Commission' s knowledge, since the se{tlement in this case was a procedural move. Mr. Colbert replied that while the ~m would have the authority to act on the Cotmnission's behalt~ be would not do that iftbe Commission objected since the firm worked for the Commission. In sunrotary, the City' s position has been preserved; it had no violations, nor will it pay for anything. If the Commission felt it was necessary, Mayor Lessard said he would call for a vote on the matter; otherwise, the matter would stand as it was. There was no objection. City Clerk's Reoort. City Clerk Janet Dougherty reported no additional items. Mayor Lessard said that a standard for ballots on the Historic District Lighting issue had bean arrived at, and that copies of the standards could be obtained by anyone desiring them in the City Clerk's office. The Mayor said there would be a Public Meeting on Monday, July 16, 2001 at 7:00 p.m., in the City Comrnisison Chambers, at which all votes would be counted live and with the aid of an overhead disphy during the counting for the audience. City Mana~er's ReOort. City Manager VanDerworp announced that there was a Public Meeting on Tuesday, June 26, 2001, between 7:00 and 9:00 p.m. to discuss relocating the retail portion of the Sanford Post Office, as the distribution portion of the Post Office has already been relocated. City Manager VanDerworp said be was working closely with the post office to ensure they remained in the downtown central area, and encouraged participation at the upcoming Public Meeting. 2 4 0, MINUTES REGULAR MEETING JUNE 2S 2001 City Commission, Sanford, Florida The City Manager also reminded everyone in attendance that Budget Work Sessions for the City were scheduled for Tuesday, July 10, 2001 from 2:00 p.n~ forward; on Wednesday, July 11,2001 from noon forward; and on Thursday, July 12, 2001 from 9:00 a.m. on, if necessary. Mayor Lessard asked City Manager VanDerworp to get details of the Budget Work Sessions to Diane so that the information could be disseminated as quickly as possible. Citizen nartieination. Bruce Penn, a 33-year-old resident of Sanford, said be has lived at 518 Oak Avenue for 23 years. First, he said, he wanted to comn~nd ChiefBrian Tooley of the Sanford Police Department for a job well done, and for the positive changes in the police department since Chief Tooley took over. Mr. Penn said that he lived two doors from the "infamous" Florida Hotel, and called it a "cancer" on the neighborhood, citing drinking, fighting, drug dealing, and prostitution among the various crimes frequently being committed there. He said he no longer wants to live in his home due to the hotel' s proximity, with its noise and general mayhem erupting frequently. Mr. Penn said that yesterday alone he called the police twice, who came out and quelled both disturbances, only to have the residents start up again just 10 or 15 minutes later each time. Mr. Penn said that each time he has voiced his concerns, he has heard basically the same answer from the City, i.e., "We have Code Enforcement out there," "We're trying to do this, or the," etc. He says that nothing happens, even though the profound change in has neighborhood has taken property values from what was originally an $11,000 house to a $125,000 house in the summer of 2000. He implored the Commission to do something about this ongoing situation. Mayor Lessard said that he had in fact spoken with Mr. Penn, as well as some of his neighbors, about this problem. In fact, Mr. Penn had called the Mayor on Sunday night and spoken with him at length about the problem. Mayor Lessard said that the Florida Hotel was, in fact, a challenge and "a cancer" on the neighborhood that had caused everyone involved frustration, and suggested that this was due to the hotel/motel licensing the bus'mess currently held and the very nature of this license (i.e., transient vs. a true "bed and breakfast" type inn). Commissioner Eckstein said he would support any type of sanction against the Florida Hotel the City cotrid levy. He supported Mr. Penn's position and shared his long-standing frustration with the property and its attendant problems. Mr. Penn offered either the use of his home for the week or a paid weekend at the Florida Hotel to any of the Commissioners or City officials who needed to gain perspective on the seriousness of the situation. Mayor Lessard said that this appeared to be one property causing all of the problems in the neighborhood, and he said that he had spoken with the State of Fiorida licensing body, City Code Enforcement personnel, and said that resources were being wasted on this particular property. He suggested several solutions, including the City purchasing the property, the City charging the property owner for excessive public safety service to the property, and strict enforcement of City Code and insistence on conformance by the property owner. Commissioner Eckstein supported this view and asked for the City Attorney' s opinion. Mr. Colbert said that be recalled that a similar ordinance had been tested in the courts and upheld. He offered to search for the proposed ord'mance and report back to Mayor Lessard on it. Mr. Penn asked if the City could not simply take the Florida Hotel property in exert'is'rag its eminent domain right. Mayor Lessard said he thenght it would be less expensive to purchase the property and leave it sitting vacant than to have the same property abuse the City resources continually. If the owner of the property was made to reimburse the City for the MINUTES 2 4 1 City Commission, Sanford, Florida REGULAR MEETING JUNE 25 281 abuse of the public safety resources on its part, perhaps it would send the message the neighborhood is trying to get across. Commissioner Williams asked Mr. Rowe what the status of code violations was for the Florida Hotel. He said that the hotel had been cited numerous times for code violations, but had always minimally complied and been able to avoid serious action by Code Enforcement. Mr. Penn said that the current property owner was a slumlord, and that he had numerous similar properties in Central Florida. Mr. Rowe said that the City had an agreement with the former property owner to run background checks and the like, and that some of the problems abated with this arrangement. Unforttmattely, that owner sold the property. Commissioner Woodruff said that he had toured the property with the owner, who was to go before the Historic Preservation Board last week. It was not clear whether or not the property owner received the approval he was seeking from the Board. Walt Padgett, 420 Oak Avenue, said that he wanted to put a different spin on the matter. He lives on the other side ofthe Florida Hotel and owns the Higgius House Bed and Breaktst, across the street from the Florida Hotel Mr. Padgett said that if you stood in the Bettye Smith Cultural Arts Center and looked west, you would see the Florida Hotel on your left and a restored Victorian bed and breakfast inn on your right. While the Florida Hotel is a haven for drugs, prostitution, and similar activity, the inn has been featured in national magazines, has been in business for 10 years, and is a preferred AAA destination. Mr. Padgett said that the City Commission's challenge was to decide which type of property it wanted in Sanford: the one on the left, or the one on the right. From a business perspective, he said, Sanford is attracting international visitors; the Riverwalk Project and downtown restoration is underway and costing millions ofdoliars. Mr. Padgett cited the Downtown Business Association and the Cooperative Advertising Group as examples of groups that were spending private funds to improve the community' s image. Mr. Padgett also noted that the problem at the Florida Hotel was an "infrastructure problem" and said that the Florida Hotel was simply incompatible with the plans the City has to revitalize and improve its downtown area. Mr. Padgett observed that it was becoming increasingly hard to generate repeat business at the inn he owns with a property like the Florida Hotel so nearby. Benny Shaw, an educator representing Eagle's Landing Enterprises, said that his group planned to lease the former Hopper Academy site to educate and irain all ages, as well as run a day care center to assist those who were in trig. Mr. Shaw' s focus is on literacy and computer skills trig, and he has plans to install a media center and a state-of-the-art computer center for training the unemployable and those with below average reading abilities. Mr. Shaw said that he has obtained some grant funding and will rehab the building with those moneys, and he will he approaching the Commission in the future about funding as well. In addition, he has also spoken to the She~ff's Office about putting a substation on the property and he has community suppert for the project. Cormnissioner Williams reminded Mr. Shaw that the Hopper Academy was not under the City of Sanford' s umbrella, but rother Seminole County' s. He said he was aware of that, but wanted to let the Commission know about his plans. Darren Keithley, 507 Oak Avenue, said that he had just moved into the neighborhood and was locked into the residence for three years because of the assistance he received when buying the house for being an educator at Goldsboro Elementary. He said that Mr. Penn' s characterization of the Florida Hotel was accurate, and added that the drugs, loud music, MINUTES REGULAR MEETING JUNE 25 2001 City Commission, Sanford, Florida and other nuisances were disturbing to the peace of the neighborhood. Mr. Keithley said that were he not locked into the Oak Avenue house, he would move. He, too, has contacted Commissioner Woodruffand Mayor Lessard, and asks that they do what they can to help with the Florida Hotel situation. Commissioner Eckstein suggested to City Manager VartDerworp that there be a vis~le police presence at or near the Florida Hotel at all times, and without harrassing the residents, making them very aware of the presence. Commissioner Eckstein was also in support of an ordinance to place sanctions on the property. In the meantime, he urged everyone to consider a public purpose for the building should the City buy it, as it is a historic building and cannot be demolished by law. Commissioner Eckstein supported Mr. Penn's observations as he had a recent occasion to he near the hotel, and said that he would he willing to entertain any ideas to curb this activity that anyone wanted to present. Commissioner Eckstein issued a call to action on the part of the Commission to solve the Florida Hotel dilenana in a timely manner for Mr. Penn and othe~ neighbors, drawing a round of applause from the citizens in attendance. Monareha Marcet, 801 South Park Avenue, said that she, too, had requested action from the Commission about a year and a half ago on what she considered an infrastructure problem, and that she was finally getting it solved herself, so she sympathiTed with Messrs. Penn, Padgett and Keithley. Commissioner Eckstein admonished Ms. Mareet to censor her remarks; she then challenged the Commission not to wait "two more years" to address the Florida Hotel problenm City Commissioners' Renorts. Commissioner Eckstein- Wished all in attendance a happy Independence Day. Commissioner Williams- Said Happy Fourth of July to all. Commissioner Woodruff- Also said to have a Happy Fourtk Commissioner Jones- Had no report. On that note, Mayor Lessard reminded everyone that the Fourth of July celebration this year will take place on the waterfront and at Ft. Mellon Park, with an expected attendance of approximately 75,000. There being no further business, the meeting was adjourned. Mayor Attest: City Clerk re