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
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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
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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,
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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