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092799 ws/rm min.E718672 City MINUTES Commission, Sanford, Florida 109 4:00 P.M. WORK SESSION September 27 19'99 The City Commission of the City of Sanford, Florida met in Work Session on Monday~ September 27, 1999, at 4:00 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Absent: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner A. A. McClanahan Commissioner Velma H. Williams City Manager Tony VanDerworp City Clerk Janet R. Dougherty City Attorney William L. Colbert The Chairman called the meeting to order. Weatherization. CDBG and Front Porch Program. Charles Rowe, Director of Community Development, presented a brief overview of the grant program, including the county-wide Weatherization Program, which is being considered for renewal tonight. Mayor Dale reported the Weatherization Program should be administered by the County, not by the City, because the City is burdened, both financially and in personnel, by administering a county-wide program. Commissioner Willjams reported it doesn't make any difference if the bulk of the people who get the services are in Sanford. Commissioner McClanahan asked why the Mayor is zeroing in on this particular program. -- the administration money received from the County pays for the costs of City personnel. Mayor Dale reported that actually there are four county-wide programs being administered by the City, and using the manpower of the Community Development Department. This creates a problem for the Community Development personnel to be able to do their work in the City efficiently. Commissioner Eckstein reported that when the Commission formed the Community Development Department it was expected that the Community Development Program would pay for itself, or it would be eliminated. He feels that since 2/3 of the Weatherization Program recipients are in the City, the City is better able to designate the most needy than someone from the County. He reported the City disseminates a lot of information to the citizens of Sanford, which is a service that they wouldn't get from the County. Further, the City is not losing money by administering this program. Mr. Rowe reported that the Community Development Department is multi-faceted and their duties include Building, Code Enforcement, Community Development, Special Projects, and Grants, as well as others. The department has always tried to ensure that the people who work on grant programs are paid out of those grant programs, and when the program is de-funded or eliminated, those people are let go. Mayor Dale reported that he does not want to put the City in a position of liability if they mis-manage a county-wide program, which is what happens when you burden a City Department with the administering of a county-wide program. Commissioner Lessard reported the City should go to the County and tell them they will administer the funds for Sanford only, but he cannot justify Sanford's employees doing work in Casselberry, Longwood, and other cities of the County. Each city should administer its own share of the money. Commissioner McClanahan reported the Commission should approve the Program for this year and have Staff look into other options in the future. City Manager VanDerworp reported the City was not prepared, nor could it 110 E718672 MINUTES City Commission, Sanford, Florida 4:00 P.M. WORK SESSION September 27 19 99 become prepared, to handle a major rehab grant program. The Weather/zation Program is a relatively small program that provides a benefit to the City, with minimal liability, and which can be handled by existing staff, so he is recommending approval to administer the program. When the LIHEAP Program is due for renewal next April the City Manager will present a detailed recommendation on that particular program. Mayor Dale reported that if the benefits are worth the possible liability, then Sanford should administer all county-wide programs, even those that have been dropped in the past. Commissioner Eckstein reported the City needs to have a joint meeting with the County to talk about all county-w/de programs. Mayor Dale reported maybe all other duties except Community Development (grants) should be removed from the responsibility of the Community Development Department, and let the Community Development Department do the job it was created to do. City Manager VanDerworp reported this can be done by an internal reorganization, and the City needs to decide to what degree it will administer grant programs and prepare accordingly. Mayor Dale reported it is the Commission's desire to administer as many grant programs as possible that will benefit the citizens of Sanford, and the City Manager was requested to provide proposals to reorganize the Community Development Department, with Community Development being a separate department to administer grant programs. Commissioner Williams reported she hoped the present, and future, Commissions would not institute a policy that would result in eliminating programs that would provide services to people who really need them. She further reported she does not want the present Commission to be viewed by the public as not compassionate enough to meet the needs of the community. Mr. Rowe reported the City has prepared an application for the Front Porch Program, in accordance with Commission direction, and word should be received back in about thirty days. He further reported the application did not ask how much money the City would request, or what kinds of programs the City would institute, it just asked for what existed in the City in terms of administrative infrastructure and demographics. They will use that information to determine which communities will be chosen to be one of the first three to receive funding. PBA building status. City Manager VanDerworp reported the lease on the PBA building will expire soon, and there are some issues with respect to this building; and the building needs extensive repair. According to the contract, maintenance to the building is done by AMVETS, but in the past they have not been expected to make major repairs, and the time has now come when major repairs are required. The City Manager reported he is looking for direction on property management in general, and specifically on individual contracts. Commissioner Eckstein reported that when the AMVETS first leased the building it was to be temporary, and now it sounds like they want to make it permanent. He is in favor of tearing the building down. Commissioner Lessard reported he didn't have a problem with the AMVETS staying in the building until the lease is up in April, but after that the property should be put up for an absolute auction with a reasonable hold (maybe $500,000.00 to $600,000.00), and put in some caveats to protect the kind of development. Mayor Dale reported the property has been assessed at $800,000.00. Mr. Mobley reported he is not the Commander of the AMVETS any more, but the building was not in that good of shape when the AMVETS took possession of it, but it served the purpose. Now their membership has increased. There has been some leakage and they have made repairs. The recent adverse weather ruined the roof beyond their E718672 City MINUTES Commission, Sanford, Florida 4:00 P.M. WORK SESSION September 111 27 19 99 capabilities to repair k. They are asking the City not to cancel the lease until at least April, and maybe by then they will have found a new location, or maybe have found someone who will finance the property for them at an asking price determined by the City. Commissioner McClanahan reported that the property is prime lakefront property, and the City would need at least $800,000.00 for the property. Mr. Mobley reported that this building is the only place they could find in Seminole County where they could have a liquor license. City Manager VanDerworp reported the most urgent repair is the roof which would cost about $6,200.00, and he didn't feel the building was worth it. Commissioner Lessard reported the AMVETS could stay, and maybe the City could tarp the roof until April, but he could not see replacing the roof. Commissioner Eckstein felt that it is a City owned building, and the City should follow the same condemnation rules as it has for everyone else and condemn the building. Mayor Dale said the City should fix it or condemn it. Commissioner Eckstein reported the Code Enforcement Department should do a complete assessment of this building, and if it is determined that the building is salvageable, then the City should spend about $5,000.00 on repairs. But, if it is determined beyond repair, then it should be put on a condemnation list, let the lease expire in sixty days, and then condemn it. City Manager VanDerworp reported he will meet with the AMVETS (Mr. Jackson) and Mr. Rowe, and see if the building is habitable until April, and report back to the Commission. Board appointments. City Clerk, Janet Dougherty, reported the Code Enforcement Board has one member and two alternate member vacancies. The Fire Pension Board and Police Pension Board both have the Chiefs' terms expiring and the Finance Director recommends reappointment. The Historic Preservation Board has two members' terms expiring, and both wish to be reappointed. The Sanford Museum Board has three members terms that are up, and two wish to be reappointed, with the Board recommending Charlie Carlson II to replace the third member. Regular Agenda items. Add-on items. and other items. Commissioner Eckstein reported that the Commissioners need to do the City Manager's evaluation in the Mayor Dale reported the Commissioners also need to do an evaluation for the City Clerk and Diane next two weeks. Crews. City Manager VanDerworp reported there' is additional information on the consent agenda item regarding an agreement with FDOT for relocation of utilities. The City needs to do a memorandum of agreement which requires the City to put certain dollars into an escrow account to make sure that the project funds are available to relocate the utilities on the west side of 17-92 as part of the expressway project. City Manager VanDerworp reported that regarding the Public Hearing on Westlake Plantation, the applicant has requested the Public Hearing be tabled. City Manager's briefing. A. Airport water treatment plant status. City Manager VanDerworp reported that at the last Work Session the Commission talked about doing a letter of intent to purchase the property. Since that meeting a contract for sale and purchase has been drafted, which he has reviewed with the attorney's office, and the Mayor asked that it be put on the agenda. This Contract for Sale and Purchase of 23 acres, with an option on the 2.7 acres, will be an add-on item. 112 E718672 MINUTES City Commission, Sanford, Florida 4:00 P.M. WORK SESSION September 27 99 B. Stadium applications.. Mike Kirby, Director of Recreation and Parks, reported the City will be applying for three grants, one of which is the $200,000.00 F.R.D.A.P. Grant which must be in by Thursday, September 30, 1999. The Florida Conservation Trust Grant has an application deadline of June, 2000. The Historic Preservation Grant is due December 15, 1999 and again in May, 2000. City Manager VanDerworp reported the City missed the June, 1999 deadline for the Florida Conservation Trust, which would have helped with additional land acquisition, because they had no knowledge it was available until recently. City Manager VanDerworp reported staff is working on the bond project and will bring that information to the Commission when it is available. C. Sanford's anniversary. Mayor Dale reported that Wednesday, September 29, is the 122nd anniversary of Sanford, and that this is the same day the George Touhy Park will be dedicated. D. PRA request for extension. City Manager VanDerworp reported the City has received a request from PRA Development for an extension on the 120 day feasibility study, which 120 days is up on October 7. The City Manager is meeting with Mr. Pacitti next week regarding the details and the exact time frame that he wants for an extension, and he will report back at the next Regular Meeting on October 11, 1999, to discuss the extension time frames and process and status. However, in talking with Legal Counsel, it would be a good idea to do an add-on item tonight to extend the current deadline of October 7 for five days, to October 11. This will be an add-on item tonight. There being no further business, the meeting was adjourned. Attest: E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 113 27 19-- 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on September 27, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan Assistant City Attomey Catherine Reischmann City Manager Anthony VanDerworp City Clerk Janet R. Dougherty Absent: City Attomey William L. Colbert The Chairman called the meeting to order. Public hearing to finalize and adopt the Final Millage Rate, Annual Budget and Capital Budget for Fiscal Year October 1, 1999 to September 30, 2000. Ads published September 14 and 22, 1999. Mayor Dale announced that the proposed millage rate of 6.79 mills exceeds the rolled-back rate of 6.63 by 2.41% and that this is necessary for the City to provide continuing level of City Services in the face of inflation and to meet increased demands for service. Mayor Dale announced the Commission would hear any public comment on the proposed FY 99/00 tentative budget. Doreen Freeman, 705 Mellonville Avenue, asked why there is an increase in the rolled-back rate of 2.41% when the City has gone from public to private sanitation and decreased the availability of police personnel at the police station; the services are diminishing. Mayor Dale reported the police services are not diminishing, the City is contracting with the Sheriffs office for dispatching services, because they have much better technology and equipment.. Ms. Freeman reported, according to the figures in the budget, the City could buy whatever equipment they needed cheaper than they can contract with the Sheriff. Mayor Dale reported no, what she was referring to in the budget was what it costs now for the City equipment, without the new technology, and he further reported Ms. Freeman could get a copy of those figures from the City Manager's office. Ms. Freeman further reported that she does not feel she is getting 24 hour police protection when there is no one available at the police station after 5:00 p.m. and you have to use the phone outside the police station and call dispatch to get assistance. She again reported that City services are being diminished, not enhanced, and the crime rate is not going down in the City. She reported last week her neighbor was mugged, the second incident in five months on her block, and nothing has been done about it. Commissioner Lessard reported that the millage rate is actually being decreased, and had the garbage collection not been privatized, with its apparent savings, the City would have had a budget shortfall. Resolution No. 1823 was read by title. Commissioner Lessard moved to adopt Resolution 1823, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DETERMINING THE AMOUNT AND FIXING THE RATE OF TAXATION AND MAKING THE ANNUAL TAX LEVY FOR THE FISCAL YEAR 1999-2000, FOR THE CITY OF SANFORD, FLORIDA. Commissioner Lessard reported this is the third year in a row the millage rate has been lowered, and as the economics of Sanford improve that trend will continue; the lower the millage rate the better it is for the citizens and the business community. The motion was seconded by Commissioner Willjams and carried by vote of the Commission as follows: 114 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 27 19-- 99 entitled: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Resolution No. 1824 was read by title. Commissioner Lessard moved to adopt Resolution No. 1824, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, ADOPTING A BUDGET OF REVENUES AND EXPENDITURES FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000, AND CAPITAL BUDGET. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner McClanahan moved to authorize the City Manager to approve the transfer of budgeted funds within departments, offices, or agencies during FY 99, as minor adjustments become necessary. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Citizen participation. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Doreen Freeman, 705 Mellonville Avenue, reported during the September 13, 1999 Commission meeting Mr. VanDerworp had reported Mr. Pacitti had a feasibility study that would be transmitted to the City Manager during the following week, but when she came to City Hall to review the study she was handed a one and one-third page letter from Mr. Pacitti. Mayor Dale reported that discussion of the feasibility study is an add-on item on the agenda, and Ms. Freeman would be able to speak on the issue at that time. Jay Jurie, 408 South Virginia Avenue, reported regarding the PRA lease, that Commissioner Lessard was quoted in the local media to the effect that it might be a worthwhile idea to put the proposed lease out for bid, and Mr. Jurie asked why there was a sole source bid on it in the first place. His interpretation of the Florida Statutes indicates that something that is not competitively awarded like this is a violation of State law. Mr. Jurie asked that Commissioner Lessard respond instead of the Mayor. Mayor Dale reported when the Commission gets to the lease, they will discuss the lease and the provisions for it. Mr. Jurie reported the Mayor was silencing Commissioner Lessard as well as him. Millard Hunt, 805 East Second Street, reported Postmaster Guthrie said the Post Office property is for sale and he would like to relocate it in two parts, putting the delivery function somewhere on Airport Boulevard, if possible, and keeping the retail downtown. Mr. Hunt reported that months ago there was discussion of the Post Office property being a possible site for the hotel/conference center, and the statement was made that the Post Office property was not available, so that has changed, apparently because postal officials have concluded that the earlier bid by the City was within reason. Mayor Dale reported there was no bid, the City offered to swap some property with them. Mr. Hunt further reported that he spoke with County Commissioner Daryl McLain last week about the ownership of the old Post Office at E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. 115 REGULAR MEETING September 27 1999 First Street and Palmetto Avenue (now the library), and Commissioner McLain seemed to be quite interested in using that property for the Post Office retail. Commissioner McLain had stated the County had possession of the property for library purposes, and should those purposes change then the property would revert back to the City. He would urge the City Commission to consider the library as a location for the postal retail services in Sanford. Doreen Freeman, 705 Mellonville Avenue, asked that if an item for discussion is an add-on item at the end of a meeting, and is not on the original published agenda, is it legally considered to be an agendized item or can it be discussed during Citizen Participation? She believes that if it is an add-on on the revised agenda only, there is no way the public could know it is on the agenda to be discussed. Assistant City Attorney Catherine Reischmann reported that if it is not an item that is listed on the agenda it can be discussed during Citizen Participation, but if it is an add-on item then it is on the agenda, and it needs to be addressed at the time that the item is taken up. There is no law governing this other than the law that provides that a Commission can conduct its meetings in an orderly manner and that allows for these types of procedural methods to be utilized to have things addressed at the proper times, so there is no confusion and unnecessary discussion of issues already on the agenda. Second readinl~ and adoption of Ordinance No. 3446 to annex 23.98 acres of property lying between Airport Boulevard East and Marquette Avenue and between Red Cleveland Boulevard and Ohio Avenue (2250 Marquette Avenue). Ad published September 16 and 23, 1999. Ordinance No. 3446 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3446. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3446, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD EAST AND MARQUETTE AVENUE AND BETWEEN RED CLEVELAND BOULEVARD AND OHIO AVENUE (2250 MARQUETTE AVENUE); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Approval of minutes. Commissioner Williams moved to approve the minutes of the City Commission September 13, !B~ Work Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye 116 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 27 99 Second readin~ and adoption of Ordinance No. 3504 annexinl~ 70.41 acres of property lyin~ between Rose Hill Trail extended easterly and Pine Way and between S. Mellonville Avenue and South Sanford Avenue (4045 South Sanford Avenue). Ad published August 26 and September 2, 1999. Tabled at 9/13/99 meeting at applicant's request. Mayor Dale reported the Commission has received a request from the applicant to table this Public Heating. Commissioner McClanahan moved to table Ordinance No. 3504 to the next meeting. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Second reading and adoption of Ordinance 3507 to amend Personnel Rules and Reeulations re: Educational reimbursement. Ad published September 16, 1999. Ordinance No. 3507 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3507. No one appeared. Commissoner Williams moved to adopt Ordinance No. 3507, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3409 AND ITS AMENDMENTS TO AMEND SECTION 10.9 OF THE CITY' S PERSONNEL RULES AND REGULATIONS TO PROVIDE FOR THE METHOD FOR REPAYMENT OF EDUCATIONAL REIMBURSEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Second readin~ and adoption of Ordinance No. 3508 to annex .16 acres of propert_v !yin~ between W. 281h Street and Laurel Drive and between Oak Avenue and Park Avenue (2805 S. Oak Avenue). Ad published September 16 and 23,1999. Ordinance No. 3508 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3508. No one appeared. Commissioner McClanahan moved to adopt Ordinance No. 3508, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATED AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN 28TH STREET AND LAUREL DRIVE AND BETWEEN OAK AVENUE AND PARK AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 141.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 117 September 27 19 99 Second reading and adoption of Ordinance No. 3509 to amend Personnel Rules and Regulations re: Health Insurance. Ad published September 16, 1999. Ordinance No. 3509 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3509. No one appeared. Commissioner McClanahan moved to adopt Ordinance No. 3509, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION 10.6 OF THE CITY' S PERSONNEL RULES AND REGULATIONS TO PROVIDE FOR THE METHOD FOR PAYMENT OF PREMIUM OF THE CITY' S PAYMENT FOR THE EMPLOYEES PORTION OF THE HEALTH INSURANCE COVERAGE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Joe Denaro, Human Resources Director, reported in response to Commissioner McClanahan's question as to whether all retirees had received a copy of this Ordinance with an explanation, that through the enrollment process all retirees were informed of this issue with regard to benefits and HMO costs. This was a result of addressing the direction of the Commission to equalize the cost between the HMO and the Point of Service. The motion was seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Second reading and adoption of Ordinance No. 3511 to annex 29.2 acres of property lying between Coastline Road and the proposed Central Florida Greeneway and between Upsala Road and Rinehart Road. Ad published September 16 and 23, 1999. Ordinance No. 3511 was read by title. Mayor Dale reported the Commission would hear from those persons present to vote for, or in opposition to, Ordinance No. 3511. No one appeared. Commissioner McClanahan moved to adopt Ordinance No. 3511, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAD ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COASTLINE ROAD AND CENTRAL FLORIDA GREENEWAY AND BETWEEN RINEHART ROAD AND UPSALA ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3513 to rezone 65.387 acres of property lying between 19th Street and Country Club Road and between Country Club Circle and Old Lake Mary Road (2150 Country Club Road) from MI-2, Medium Industrial: RI-1. Restricted Industrial and SR-1, Single Family Dwelling Residential to PD, Planned Development. Ad published September 1 and 10, 1999. Ordinance No. 3513 was read by title. The Mayor reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 35 13. No one appeared. Commissioner Lessard moved to adopt Ordinance 3513, entitled: 118 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 27 19 99 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN 19TH STREET AND COUNTRY CLUB ROAD AND BETWEEN COUNTRY CLUB CIRCLE AND OLD LAKE MARY ROAD, FROM MI-2, MEDIUM INDUSTRIAL, RI-1, RESTRICTED INDUSTRIAL AND SR-1, SINGLE FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROV/DING FOR SEVERAB]I,ITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams. Commissioner Lessard asked if the six foot chain link fence that will surround the property will be landscape buffered. Jerry Herman, Public Works Director, reported there is not a landscape buffer, but there is a buffer inside with vegetation. Jay Marder, Director of Planning and Development, reported outside landscaping is not included at this time, however, one aspect of the project that is the most important situation that relates to that is the railroad right-of- way (known as the Big Inch) which is approximately 50 feet wide between the subdivision under question and the property, so it has a certain amount of buffering already where there is residential. Mr. Marder further reported what was provided to the Commission is a zoning plan, and what will be more clear is the site development plan. Mayor Dale reported this is the Commission's Site Development Plan because this is the retention pond for Mill Creek Phase III, so the Commission can put whatever r~pirements on the Development Plan that it wants, as long as the Commission is willing to pay for them. This would be in addition to the contract negotiate~ih'John BUttrey~',C__. ~.! '~ f ' Hercules Eason, 132 Country Club Circle, reported there is a ditch behind his property on Country Club Circle that is holding water, and a couple of years ago it did not hold water. He was concerned that the proposed retention pond would attract more mosquitos to .the neighborhood. Mayor Dale reported this is a pretty ~leep retention pond, and his experience has been that deeper water attracts fewer mosquitos. Jerry Herman, Public Works Director, reported that deeper ponds have a habitat that should take care of the mosquito population. He also reported that his department will check on the drainage ditch behind Mr. Eason's property for a blockage downstream. Commissioner Lessard reported that spraying for mosquito control is complaint driven. Mr. Herman reported that the City is also working with Volusia County to control the mosquito population. ':: Mr. Eason further reported he was concerned that once the retention pond is put in it will increase the possibility of flooding in his neighborhood. Mr. Heman reported the pond will actually allow for more storage and decrease the possibility of flooding. Mr. Eason also asked if the pond would be protected from the kids in the neighborhood, and if the area will be mowed and maintained. Mayor Dale reported there will be a fence around the pond. Mr. Herman reported the City will maintain the area around the pond as far as mowing, weeds, etc. Mr. Eason asked how far back it will set from the railroad. Mr. Herman reported the fifty feet behind Mr. Eason's property will not be affected. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First readint/of Ordina.!!e4~ N0; 3510 re: Sewer Use Ordinance. Tabled at 9/13/99 meeting. Ordinance No. 3510 was read by title. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3510, entitled: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 119 September 27 19 99 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING THE REQUIREMENTS AND PROCEDURES TO REGULATE THE USE OF SANITARY AND STORM SEWERS: PROVIDING FOR PROPER DISCHARGE OF WATERS AND WASTES INTO THE CITY SEWER SYSTEM: REGULATING DISCHARGE OF CERTAIN WASTES: PROVIDING PENALTIES: PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessaid Aye Commissioner McClanahan Aye First reading of Ordinance No, 3512 re: Reclaimed Water Rate Increase, Ordinance No. 3512 was read by title. Doreen Freeman, 705 Mellonville Avenue, asked why the rates were being increased and if the City is still paying Timacuan to use reclaimed water. Paul Moore, Utility Director, reported the City is trying to recoup the actual cost of reclaimed water, and gradually trying to get it to pay for itself. Further, a one time payment was made to Timacuan a number of years ago. Commissioner McClanahan reported that in 1988 there were so many qualms about reclaimed water that the City had to solicit people to use it. That is one reason the City paid the money to Timacuan, or Lake Mary, because it could not get rid of the flow being generated, on the property that it had in Geneva. In that ten or eleven year period education has been adequate so people now want the reclaimed water, and the cost of laying the lines made it a losing proposition up until now. Mayor Dale reported that 25 cents a thousand is a bargain compared to 45 cents a thousand for bottled water. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3512, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 28- 152.2 OF THE SANFORD CODE BY ESTABLISHING NEW RECLAIMED WATER RATES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissoner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading. of Ordinance No, 3514 re: General Employees Pension Ordinance revision vesting (100%) Solid Waste Division employees who were members of the City General Employees Pension Plan on January 4, 1999. Ordinance No. 3514 was read by title. On recommendation of the City Manager, Commissioner Lessaid moved on the first reading of Ordinance No. 3514, entitled: AN ORDINANCE OF THE CITY COMMISSION OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3279, SAID ORDINANCE ENACTING THE CITY OF SANFORD GENERAL EMPLOYEES PENSION PLAN; AMENDING SECTION 13, ENTITLED "MISCEJ-,b.' US" TO CREATE A NEW SECTION 13(8) TO PROVIDE THAT CITY OF SAI~~jlI WASTE DIVISION EMPLOYEES WHO WERE MEMBERS OF SEVERAB~I~TY, C(~IFLICTS AND AN EFFECTIVE DXTE. SecondecEby Commissioner McClanahan and carried by vote of the Commission as follows: 120 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 27 19-- 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Approve open air restaurant associated with Mr. Francis Reynard's request. with stipulations. Charles Rowe, Community Development Director, reported that Mr. Reynard submitted a letter requesting he be allowed to operate a hot dog stand within the city limits in association with special events (auctions, etc.). Mr. Reynard's request did not fit in either of the two categories available, those being a peddler which had to move every two hours 1,000 feet from the original location, and the other being an open air restaurant. Ordinarily the owner/operator would be required to provide the City with notarized permission from the property owner to utilize the property and restroom facilities. Mr. Rowe recommended that Mr. Reynard's request be approved if he provides proof of inspection by the Seminole County Health Department, purchases a City Occupational License, and provides staff with permission from the yet to be identified property owner for use of the property and restrooms, ten days prior to an event, along with the requirements that are specified in the City Code. On recommendation of the City Manager, Commissioner McClanahan moved to approve the request with Seconded by Commissioner Willjams and carried by vote of the Commission as the foregoing conditions/requirements. follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1821 re: endorsin~ the establishment of the Public Works Academy in Seminole County. Tabled at 9/13/99 meeting. Mayor Dale reported this is a county wide program to be done at SCC, and it does not cost the City anything to participate in it, except for the act of participation when in the Academy. Resolution No. 1821 was read by title. Commissioner Lessard moved to adopt Resolution No. 1821, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SAIlFORD, FLORIDA, ENDORSING THE ESTABLISHMENT OF THE PUBLIC WORKS ACADEMY OF SEMINOLE COUNTY. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1822 re: SRF Loan for wastewater system improvements. Resolution No. 1822 was read by title. Commissioner Lessard moved to adopt Resolution No. 1822, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, RELATING TO THE STATE REVOLVING LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAIJ APPLICATION FOR AN AGGREGATE AMOUNT NOT TO EXCEED $18,525,000; ESTABLISHING PLEDGED REVENUES; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE LOAN AGREEMENT FOR AN AGGREGATE LOAN AMOUNT NOT TO EXCEED $18,525,000; ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJECT; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 121 September 27 19 99 m Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1825 re: authorize agreement with the State of Florida Department of Transportation and CSX Transportation. Inc. for signalization of the railroad crossing at Pecan Avenue. The City will be responsible for annual maintenance of pavement markings, advance warning signs, and one-half of the annual maintenance fee, totaling $1,549.00. Resolution No. 1825 was read by title. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1825, entitled: A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1826 re: dedication of Sanford's famous and historic tree grove. Resolution No. 1826 was read by title. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1826, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, COMMEMORATING THE DEDICATION OF "SANFORD'S FAMOUS AND HISTORIC TREE GROVE" AT GEORGE W. TOUHY PARK ON SEPTEMBER 29, 1999. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mayor Dale reported September 29, 1999 is the 122nd anniversary of the City of Sanford. Approve 1999-00 Weatherization Program. Weatherization Low Income Home Energy Assistance Program. and Low Income Emergency Home Repair Program Agreements with the State of Florida. On recommendation of the City Manager, Commissioner Williams moved to approve the 1999-00 Programs. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mayor Dale reported this is a county wide program and should be administered on a county wide basis. 122 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September 27 99 Boards. Code Enforcement Board. Janet Dougherty, City Clerk, reported that Mary Dale Jones resigned effective July 21, 1999. Also, there are two alternate member vacancies. Commissioner Lessard moved to appoint Heidi Liles to the Code Enforcement Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Fire Pension Board. Janet Dougherty, City Clerk, reported that the term of Chief Tom Hickson expires on October 1, 1999. Commissioner Lessard moved to reappoint Chief Tom Hickson. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Historic Preservation Board. Janet Dougherty, City Clerk, reported the terms of Sica Nacu and Scott Singeisen expire October 28, 1999 and each wishes to be reappointed. Commissioner Lessard moved to reappoint Sica Nacu and Scott Singeisen. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Police Pension Board. Janet Dougherty, City Clerk, reported the term of Chief Brian Tooley expires on October 1, 1999. Commissioner Lessard moved to reappoint ChiefBrian Tooley for a two year term. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Sanford Museum Board. Janet Dougherty, City Clerk, reported the terms of James Cara, Isabel Wilson and Grace M. Stinecipher expire on November 4, 1999. James Cara and Grace M. Stinecipher wish to be reappointed. The Board recommends Charlie Carlson be appointed to replace Isabel Wilson. Commissioner Lessard moved to appoint Charlie Carlson. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Lessard moved to reappoint James Cara and Grace M. Stinecipher. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye E?IS~T2 MINUTES City Commission, Sanford, Florida 123 7:00 P.M. REGULAR MEETING September 27 ]9-- 99 Consent Al~enda. On recommendation of the City Manager, Commissioner McClanahan moved as follows: Accept bid for irrigation maintenance at Mayfair Golf Course from Dobson's Woods and Water Inc., lowest bidder, for Bid #IYB 98/99-32, in the amount of $64,975.00. Approve contract modification with Infrastructure Management Services, Inc., to add street light and curb/gutter inventory, with sidewalk condition survey, and software at the rates included in the proposal (estimated $47,110.00). Approve Amendment #55 for CPH Engineers to complete final design of the reclaimed water augmentation facility, in the amount of $85,5 13.00. Approve agreement with FDOT for relocationJconstruction of utility improvements due to the Expressway/Airport Blvd. construction. City's estimated cost is $440,130.00. Approve street closure: First Street from Oak Avenue to Palmetto Avenue on October 30, 1999 from 3:00 p.m. to 9:00 p.m., in conjunction with a Halloween Festival sponsored by Sanford Main Street, Inc. Authorize extension of contract for cemetery maintenance to The Bon Terre Group at an annual sum of $53,016.19, for one year with the option to extend an additional twelve months. Authorize extension of contract with Quality Vaults for opening/closing of grave spaces at Sanford Municipal Cemetery from October 1, 1999 through September 30, 2000. Accept bid for landscape maintenance of Mall Property right-of-way from lowest bidder, Ground Control Landscaping, in the amount of $23,615.00. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Add-on items. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Cameron City Grove property/wastewater treatment plant site. On recommendation of City Manager VanDerworp, Commissioner Lessard moved to authorize' execution of the contract for sale and purchase of the Cameron City Grove property. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye PRA feasibility study extension. City Manager VanDerworp reported PRA has requested an extension to complete the feasibility study of the lease agreement from October 7, 1999 through October 11, 1999. Doreen Freeman, 705 Mellonville Avenue, reported during the last Commission meeting Mr. VanDerworp had reported the feasibility study would be transmitted to him during the following week from Mr. Pacitti, but when she came to City Hall to review the feasibility study she was handed a one and one-third page letter from Mr. Pacitti, and she is confused about the four phases of the feasibility study, which has never been discussed before, and is this letter phase number one. If it isn't phase number one, where is phase number one that is done, she would like to see a copy. City 124 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULARs/MEETING September 27 19 99 Manager VanDerworp reported the four phases are the normal phases that would be done for this kind of feasibility analysis, and these four phases came from discussions between Mr. Pacitti and the City Manager. Phase one, or the hotel feasibility portion, is normally not transmitted until phase two and three are completed, because phase one does not give a complete picture; the feasibility is not just for a hotel study, it is for a hotel and conference study. Mr. Pacitti has completed the first part of it, and has asked for an extension of the second part of it. Ms. Freeman reported that according to the minutes of September 13, 1999, Mr. Pacitti had received, and was reviewing, the feasibility study and would be transmitting them the following week. City Manager VanDerworp reported the minutes may not reflect exactly what Mr. Pacitti is doing. The requirements for Pacitti is to transmit the four components to the City as part of his lease agreement. Ms. Freeman reported she is trying to get clear what the City Manager stated to her when she asked questions about the feasibility study. Now the City Manager is trying to side-skirt the whole thing by saying the first part was a discussion, when he said Mr. Pacitti had received the feasibility study, was reviewing it, and would transmit it to the City Manager within the next week. She asked if this wasn't what the City Manager had said at the last meeting. City Manager VanDerworp reported that Mr. Pacitti said he had a feasibility study on the hotel site only, and that he would give the City Manager the results of that study, which he did in the letter. With respect to Mr. Pacitti transmitting the information he received, he doesn't have to disclose that information to the City, and in fact that information on its own will not give the City or the County any guidance with respect to a feasibility study. The City needs, from Mr. Pacitti, the other three components in order to review it. Ms. Freeman reported that the City is now considering extending, for the fourth time, the time for PRA to deliver a feasibility study. She further reported that the first initial agreement with Mr. Pacitti was November 27, 1997, and that agreement stated he would deliver, in three months from the date of that signed agreement, a feasibility and appraisal study. The due date for that would have been February 27, 1998. The second addendum, they requested on August 24, 1998. Once again they stated they would provide a feasibility study ten days after favorable election results of the referendum on November 3, 1998, so that would be a starting date 0fNovember 13, 1999 and a due date of February 13, 1999. The third addendum requested time to review the Cotmty's concept for the center, that would best allow them to proceed with a feasibility study. Even if they couldn't agree with the County, they would proceed within sixty days after talking with the County. That was on February 8, 1999, which would have been a due date, after sixty days, of April 8, 1999. According to the lease that the City signed dated May 11, 1999, of which she has a copy of the dated lease, PRA would make the feasibility study due within 120 days. That would be due on September 11, 1999. It doesn't matter when Mr. Pacitti signed the contract. Mayor Dale reported that the Assistant City Attorney could clarify what the date of that contract is. Ms. Freeman reported she knows when Mr. Pacitti signed the contract, it was in June, but that is not when the lease was in effect. Mayor Dale said that is the date of the contract. Ms. Freeman reported the City Commission signed the contract on May 11, 1999 after it was enacted on May 10, 1999, and according to the contract "dated as of this 1 lth day of May, 1999, commencement date". Assistant City Attorney Reischmann reported that is actually a typo, a contract cannot commence until both parties sign, a unilateral contract is not a contract and it needs to be corrected to reflect the date that the last party signed which is June 10, that is the commencement date, and that correction will be made. Ms. Freeman reported that this whole contract is null and void. Assistant City Attorney Reischmann reported no, it is effective June 10. It is not a lease unless there is a lessor and a lessee. Ms. Freeman reported there is a lessor and a lessee, the E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 125 September 27 99 19-- commencement date was dated May 11, when the Commission signed it. Assistant City Attomey Reischmann reported that was a scrivener's error, it was dated the same date that the City Commission signed, but the commencement date should have been June 10. Ms. Freeman asked why it took him a month to sign the contract. Assistant City Attorney Reischmann reported she could not answer that. Ms. Freeman reported she is finding real problems with this. Even that being the case, he is asking for another extension, the two page letter took 120 days to do, and now he is going to find a consultant firm that is going to do the feasibility, and we are going to give him more time? She asked the Commission, as business people, if they would give somebody two years to come through with a feasibility study? It has been two years and this man is still not producing a feasibility study, he wants more time. She charged the Commission, as the caretakers of her City, to say no, this man has had more than enough time to do a feasibility study. She feels there is a feasibility study done, but it is not a favorable one, so he does not want to present it, and that is why the City doesn't have it. Ms. Freeman further asked if the City had been charged to do a traffic/parking study within sixty days on this lease? That is long overdue, too. The City hasn't even lived up to its commitment. City Manager VanDerworp reported the traffic/parking study has been done. Jay Jurie reported Commissioner Lessard was quoted in the media, speculating about the possibility of reopening negotiations for a hotel/conference center, and it seemed that he implied that it should go through some kind of a bid process, which would seem to be a fairly normal procedural activity. Why has the City now entered into the lease agreement under discussion on a sole source bid basis? Commissioner Lessard reported that he hopes Mr. Pacitti and PRA come through, and that the project is feasible, but if they do not come through then he has no objection to going out to an RFP. He feels Mr. Pacitti brought energy to this City, and brought a concept to this City, and he is due some courtesies on the part of the City. Commissioner Lessard further reported if the project is not feasible, it is not going to happen, and he is not sure where the fear of a feasibility study comes from. If the project is feasible, and PRA can deliver and give the City of Sanford a fair shake, he is all for PRA. Mr. Jude reported the thrust of his question was why was the present lease let without a competitive award process? Assistant City Attorney Reischmann reported a City certainly has opportunity to bid a lease like this, but there is no requirement that a City bid for the lease of public property where it is established that it is in the public interest. Mr. Jurie asked if the Assistant City Attorney's interpretation would be that Florida Statute, Chapter 255 is invalid in this case, that it does not involve public land, or construction involving public property. Assistant City Attorney Reischmann reported it is not invalid, but it is inapplicable. Mr. Jurie asked why it would be inapplicable. Assistant City Attorney Reischmann reported she could not give him an answer right now, but the City Attorney's office did look into the matter and opined to the effect that there is no need to bid this project. Mr. Jurie reported that the City Attorney and he had recently spent some time in court, and he feels everyone would probably like to avoid that circumstance again, and he thinks this is a very serious question and he would really like to have it seriously looked at and receive an answer. Mayor Dale reported the City has an opinion on this issue that is public record, and it will be happy to provide that. The Commission does not have the opinion available tonight, although it is public record, but it did seek the opinion of the City Attorney on the issue, and it is on file. Mr. Jurie reported he did not know that and that is why he is here asking questions, and he would appreciate seeing that. Mr. Jurie further reported that, given there has been some brouhaha in the media, and that the hotel/conference center debacle seems to have risen again in regard to the lease agreement, he felt it might be appropriate 126 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING September to design a model of the hotel/conference center, and as he is something of a stickler for accuracy, he tried to design a :: ? !?!! I , ,,,.,, model as realistically as possible. Mr. Jurie then presented a lemon with "HOTEL/CONFERENCE CENTER" written on one side, and "LARRY'S LEMON" written on the other side. He presented an identical lemon to each Commissioner. He cautioned the Commission not to squeeze "Larry's Lemon" too hard, because what it gets may not be lemonade. Millard Hunt, 801 East Second Street, reported if you squeeze the lemon and drink it, it is liable to shrink your mouth. He reported that one of the local media referred to the Administrative Hearing result as a devastating blow to the Society for the Preservation of Fort Mellon Park, and he indicated that it has not devastated them entirely, they remain and intend to keep abreast of this issue in whatever forum they can manage, and they will try to manage a number of forums. Quite a bit has been published recently in the Seminole Herald, and the Orlando Business Journal had an article last Friday and presumably will have more. They want the public to be constantly reminded of this project, whether it is called Larry's Lemon or whatever. Ms. Freeman has indicated quite accurately and emphatically how unreasonable the negotiations and contacts with Mr. Pacitti have been thus far in terms of time spent and deadlines missed, and he feels the Commission needs to consider that very seriously as it looks at the question of whether to even give him five more days. Nell Snow, 176 Woodridge Trail, Kaywood, reported the Commission is terribly excited about the new trees and brick walks at Touhy Park, and yet the streets surrounding that park are full ofpotholes where the bricks have sunk down, and she feels the money could have been better spent that way. But, it would be even better if this particular attention and money had been spent on refurbishing Fort Mellon Park into the beautiful place that it could be with a little love and tender care, so that people could still go and reminisce and watch the alligators and birds and the manatees, and have a few moments oftranquility. She reported she does not know what the Commissioners do for tranquility or a few moments of being alone in a serene setting, but to her that is the epitome of the place to go, and she has spent many days and hours there. Every time she drives downtown, she makes it a point to circle around in front of the Mayfair Hotel, which was the Mayfair Inn when Commissioner Eckstein danced there, but it was the Mayfair Hotel in her era of the mid 30's. That place has a very special meaning to people like herself, and even to younger people who have recently moved to Sanford, they came here because of Fort Mellon Park. She just wants the Commission to know that in addition to the destruction of the homes in Kaywood by the apartment development, it is destroying part of her life. On recommendation of the City Manager, Commissioner Lessard moved to extend the Feasibility Study date to October 11, 1999. City Attornev's Report. No report. City_ Clerk's Report. No report. City Manaffer's Report. No report. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Nay 27 19-- 99 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 127 September 27 19 99 City Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - No report. Commissioner Lessard - No report. Commissioner McClanahan - No report. Mayor Dale - No report. There being no further business, the meeting was adjourned. Attest: mr