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060997 ws/rm min.48O E405354 MINUTES City Commission, Sanford, Florida WUIRK SFSSION June 9 The City Commission of the City of Sanford, Horida met in Work Session Monday, June 9, 1997, at 3:30 o'clock P.M. in the City Manager' s Conference Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma Hayes Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons Acting City Clerk Cynthia Porter Absent: City Attorney William L. Colbert City Clerk Janet R. Dougherty Planning for implementation of employee regrades. City Manager Simmons read his recommendations based on the personnel regrade/merit system. He. stated he believed it was the objective of the City Commission to keep city employees' pay comparable to other local jurisdictions. He reviewed the present system before giving his proposals which, in some cases, indicate a change to the present system. Under the present situation all classified employees, all City employees except the City Commissioners and temporary employees, regrades function through the merit pay system. Personnel rules adopted by the City Commission prescribe an up- and-back movement - up the pay scale and back down the merit ladder, movement at the time of an annual merit evaluation, as the method of implementing a regrade. Merit pay operates as a .part of annual performance evaluation systems. Evaluations are due on the date of an employee' s date of classification, which may be the date of entry into the City service, or it may be different as a result of a subsequent promotion or special evaluation. Merit pay is the means whereby an employee progresses from bottom to top within his or her specific job classification pay grade. Merit pay is directly coupled to performance evaluations and may generate a change in pay step of no grade change (0%), one step (3%), or two steps (6%) depending on whether the employee is rated "satisfactory", "above average", or "outstanding". In recent years, across the board merit pay has averaged nearly five percent (5%) per year reflecting employee movement toward the high end of the scale. This, of course, has a significant impact on City personnel costs. The present system for implementing regrades does not work well or smoothly as a means of keeping individual employee salaries "comparable". (This was a significant issue at the time of the FOP Bargaining Unit contract approval since individual employees' did not receive any pay adjustment until their next annual performance rating evaluation, and then because of the up-and-back system previously mentioned, immediately generally received very little increase, the increase being at the time the individual reaches the high end of the scale which has moved upward). By comparison, a cost of living allowance, or COLA as it is commonly called, works easily in terms of simply incrementing all pay scales and all steps within pay scales by the specified percentage. Benefit to the employee starts immediately with the effective date of the change. Projected General Fund merit pay costs for Fiscal Year 199%98 will be approximately $650,000.00. This is not a one time cost but is cumulative from year to year. At present, the City Commission has no control over this increase other than by limiting the total number of employees of the City. Proposal: The salary survey conducted by David M. Griffith has shown a significant lag in pay scales of many City employees compared with other governments in Seminole County and the surrounding area. In order to attract and retain qualified and motivated personnel, as well as to treat present personnel fairly, I recommend that the salary survey information from David M. Griffith, as it will be modified by the change order that this Commission authorized, be fully implemented October 1, 1997. 19 97 E405354 MINUTES City Commission, Sanford, 'Florida WORK SESSION June 481 9 19~7.. I recommend that the City Commission agree to adopt job classification regrades, not across the board COLAS, as the primary means of maintaining pay comparability for our employees in future years. This will recognize that pay scales of different pay classifications do, in fact, move at different rates. This is as a result of demand in the marketplace. The wide spread of differences reported by DMG is demonstrative of the fact that our pay seales have in fact not moved in the same directions as some job classifications in the surrounding area. I recommend that the City Commission conceptually agree to do a regrade analysis as necessary, probably bi-annually, and to implement indicated regrades at the beginning of the following fiscal year. In this case, we have done the analysis, the recommendation would be to implement the regrade October, 1997, and the next bi-annual would be probably October, 1999 as an adjustment. The DMG Contract Change Order recently approved will an provide an integrated classification system by early August for regrade implementation 10/1/97. We have done a preliminary in-house assessment. Estimated cost of this regrade for FY 97-98 Budget will be approximately 9%. To accomplish the foregoing, we need to change our Personnel Rules to decouple the implementation of regrades from the merit system. If the City Commission approves the concept, Personnel Rules will need to be changed effective 10/1/97. Also, the up-and-back provision of the present Personnel Rules will need to be eliminated in order for employees to immediately see the benefit of the approved regrade. I also propose concurrently to change the method of progression of an employee from entry level to top out within his/her classification, to cause this movement to occur based upon satisfactory time and service to the City, not as a merit consideration other than satisfactory versus unsatisfacWry. Presently we have fifteen (15) steps between entry level and top out which account for a roughly 45 percent increase in pay, from entry level to "top out", in all of our different classifications. I propose that satisfactory time and City service be utilized as the basis for progress/on with an annual longevity increase to be applied as a uniform percentage between all steps within a specific grade. If we continue with a 3 percent per year, the time for "top out" would be fifteen (15) years. (With the present roughly 5% rate of merit pay increase per year, we are seeing a "top out" in about eight (8) or nine (9) years. So, the rise is on average faster than what would be provided here.) It would be possibIe to vary that percentage by having more or fewer steps to move the 45 percent change from bottom to Wp. Noting that this would not be merit pay, I would note that a 3 percent change per year would fit directly into our present fifteen (15) step plan where a person would, after the regrade, come out at exactly the same step level that they are at right now. I think the thing the City Commission needs to decide is what percent of pay increase you want to have each year function as a longevity which basically increments the total across the board pay costs to the City. With an implementation starting in October, 1997 your annual cost would be three (3) percent, if you do a three (3) percent number, however with the first year of implementation that cost would be more closely approximate to 1.5 percent, simply because in the first year you have people scattered all around the year in terms of their anniversary date, and this would be tied to the anniversary for service date. So your bell should curve. I also propose to change the Performance Evaluation System to make all evaluations due at the end of the fiscal year for which all employees are being evaluated. I believe this would allow for a more objective comparison of performance between individual employees within the same work unit, within the same division, within the same department. It would also allow the evaluators to evaluate that employee' s personal performance, as well as his performance in support of the mission and goals of the work unit, and to evaluate that against the actual accomplishment of goals of the unit for which the employee works. If this concept is adopted, effective October 1, 1997, all performance evaluations for Fiscal Year 97-98 would, in fact, be due on September 30, 1998. There would be no individual evaluations, or special evaluations during Fiscal Year 1997-98 prior to September 30. As a part of this system, rather than have the merit pay increment the employee' s basic salary, which has been basically a lifetime effect, I recommend that merit pay be handled as a one time "special pay". To facilitate a merit pay system such as this, the City Commission could allocate in the annual budget a specific percentage of the departmental personnel pay to be distributed amongst the employees at the end of the rating period based upon the rating of those employees. I would recommend that the department heads' salary not be included in that number but rather that be put into a separate pot, since I will be evaluating department heads, and the department heads will be evaluating all of the people in their department. Since evaluations occur the last day of the fiscal year, actual payment of this "special pay" could occur at the beginning of the 482 ~405354 MINUTES City Commission, Sanford, Florida ~3RK SESSION June ? 19 97 following fiscal year, out of funds appropriated for the following fiscal year. If the City Commission approves this concept, details cotrid be worked out carefully over a period of months since initial application would not occur until September 1998. If this concept is adopted I would propose to budget no merit pay allowance for the FY 1997/98 budget. With the periodic regrades based upon salary analysis any further across-the-board COLAS should become unnecessary unless the nation as a whole gets into an unusually high (double digit) inflation cycle, like we saw once before. If that occurs, an interim year COLA could be authorized which would directly impact all employees equally and which would also reduce indicated regrade percentages that would otherwise show up at the next full salary survey the following year. We anticipate, based on the information we have from DMG, that very few City employees will be found to require no pay adjustment as a part of this regrade proposed for October 1, 1997. There will be a few who will not get any pay increase whatsoever coming off this regrade. Anticipating that moderate inflation will continue as a way of life in our country, it might be appropriate to consider a small COLA increase, effective October 1, 1997, which would address all employees including those who receive no indicated regrade, recognizing that if the COLA is applied before any regrade is applied, it simply reduces by whatever the COLA percentage is, that regrade. That way everybody gets something at this point in time. It might be very smaI1 in the case of the few employees who are not scheduled for a regrade, and it would "wash out" within the next salary survey if we have any type of an inflationary trend at all. City Commission direction is requested regarding the foregoing in order that I may reflect the directions from the City Commission in the budget to be presented on June 30, 1997. As a separate but related issue, we presently have sixty-five (65) employees who work less than a 40-hour week. Most of these employees are non-exempt under FLSA standards which says that any time they work overtime they get paid overtime. However, there is also a good number of these people who are exempt employees, therefore not eligible for overtime pay. Thirty-seven and a half (37 ½ ) hour classifications presently include secretaries and clerks, customer service representatives, building and code enforcement inspectors, engineers, land development coordinator and associate planner, purchasing agent, most of the people in the Finance Department and certain individuals in Recreation. Basically, you have these people in this category in a position of delivering service to the public on a seven and one half hour day basis, also supporting and interfacing with other branches in the City which work a forty hour basis minimum. Most Department Heads have agreed in recommending that we move to a uniform minimum 40-hour week in order to provide greater time for City Hall to be open to the public, to reduce the incidence of overtime, to provide for flexibility of hours, especially where such employees are providing direct support to 40-hours per week operations, and to provide some relief for requested new clerical positions which I expect to be forced to recommend denial because of budgetary constraints. I recommend that the City Commission approve the conversion of all existing 37 ¼ hour positions to 40-hour per week at a constant hourly rate as it may be modified by the salary survey. This change will increase the yearly cost for those employees roughly 6.66 percent at an estimated cost of $110,000.00 for FY 97/98. If the Commission approves this concept, I will work diligently to fund these dollars within the proposed budget. This completed the City Manager's recommendations. The Commission discussed the City Manager's recommendations and called for clarification and review of some of the issues addressed. Commissioner Lyons felt the Commission should not consider a COLA this year if we are going to get away from it altogether. He questioned the timing of regrades, thought maybe yearly was too often, also, he didn't feet regrades this year were necessary. He asked if the merit pay would be a one time thing, or if it would stick with them throughout their career. City Manager Simmons explained he didn't like to use the term "bonus" but it would be the best explanation; it would not increment their base pay which would only be incremented by their time and service progression. Commissioner Lyons asked whether this one lime pay would be taken from the General Fund or taken out of the department budget, and if the Commission was to budget more money for each department for this purpose. City Manager Simmons explained it will come from the General Fund for those departments that use the General Fund, enterprise for the others. There would be a separate line item in each department's budget, appropriated by the Commission, for these funds. Commissioner Lyons stated the Commission needs to look at the performance evaluation forms we presently use, and the job descriptions or requirements of the job. The City Manager stated we presently have the job descriptions which the department heads continually certify are up-to-date and we presently are going through questionnaires which are a part of the DMG study which will elucidate additional information, basically a check on what the supervisor thinks the employee is supposed to be doing versus what the employee thinks he is supposed to be doing or is doing. Commissioner Lyons stated if we are going to base our pay scale on what other cities are E405354 MINUTES City Commission, Sanford, ~Florida 483 WORK SESSION June ? 19~7 paying our job descriptions or requirements should be somewhat similar as weIl. City Manager Simmons concurred. Commissioner Williams asked for clarification on whether he was not recommending across the board COLAS. City Manager Simmons stated as a general rule he wants to get away from across the board COLAS as a single means of maintaining parity because he firmly believes, and the salary survey shows, that the comparable pay of different positions moves at different rates depending on the law of supply and demand as a primary factor. Commissioner Willjams was concerned if City Manager Simmons' proposal would allow all employees to get a raise. City Manager Simmons explained the annual time in service increment will be based on satisfactory performance and will allow every employee who achieves satisfactory performance to receive that increment on whatever the t/me period is. If there is an employee who is not performing satisfactorily, he categorically believes he should get nothing and probably should be headed towards the door. Commissioner Lessard stated in his estimation that in the current structure we have is spiraling to what will eventually be chaos and we will not be able to sustain the revenue increase forever to meet the current raise structure demands we have, because it only compounds itself The City Manager stated his recommendation would be that the Commission reduce that rate of compounding from roughly 5% down to either 3%, or if you want to push it down to 2-1/2% or 2%. What that says is it is longer than fifteen (15) years to top out. At roughly 2-1/2% it would take twenty (20) years to top out. Commissioner Eckstein felt that the employees are not going to feel they are being evaluated fairly as compared to other departments' employees. He feels that when a person does their job they deserve a COLA, if they are not doing their job they shouldn't be working and fithey're doing better than their job they should be advanced. He feels we need a system where we can get rid of bad employees and the fairest way to reward those that are doing their job is with a COLA. If you want to go beyond a COLA reward people with a promotion. He cautioned about setting up department against department. Mayor Dale stated he is not against giving somebody an increase, but there are times you need to look at your projected revenue. Mayor Dale's trip to London. Mayor Dale reported his trip to London was very informative and enjoyable. They visited London; Coventry; Belfast, Ireland; South Wales and Cartiff They met with some of the Chairman's of the Board and board members, and toured some of the facilities. He reported that the airports they visited were run very well, and they have to run their own air traffic conUol system. He was impressed with their efficiency and commitment. Assignment of Lease to Baker Farms. Inc. City Manager Simmons reported the information presented to the Commission on this document is a request from Tom Speer to approve the assignment of a lease from Albert Clark to Baker Farms for the cattle raising side of site ten. This assignment would'have the same lease remain in effect since we change nothing but the name of the lessee. City Attorney Bill Colbert has reviewed the agreement as well as City Manager Simmons and Paul Moore, and they all recommended approval. Right of Way Use Agreement for Time Square Bistro. City Manager Simmons reported the Commission received backup on this request including a drawing, and it has been approved as a Certificate of Appropriateness by the H/stor/c Preservation Board. At last Thursday' s meeting the Planning and Zoning Commission approved a Conditional Use for alcoholic beverage sales at this location. The issue here is a Right of Way Use Agreement, using our standard Form of Agreement which would facilitate this. Mr. Yose~an, who is requesting Right of Way Use was in the audience and available for any questions. City Manager Simmons stated he originally had some concern about coming out to the center line of Magnolia Square with this particular program even though he recognized that it would be problematical for this to go along in front of another piece of property, such as spreading it towards the north; bearing in mind that we can establish conditions whereby the holder of the permit could be requested to relocate his tables, for instance when we are having the Cl-~r/stmas Festival or anything else. Commissioner Eekstein questioned what will happen to the tables at night or during severe weather. City Manager Simmons stated the tables are to be made of material to withstand most storms, and will be chained or secured. Commissioner Lyons questioned where these tables would be stored and Mr. Yose~an answered he has a storage area with double doors in the rear of his building to put the tables in during severe weather or special events. Jennifer Singeisen of Sanford Main Street reported they are very much in favor of it. City Manager Simmons asked Jay Marder if there were any particular conditions recommended by the Planning and Zoning Commission to be incorporated in this Right of Way Use Agreement. Mr. Marder stated that all conditions were incorporated in the Agreement and memo of support dated May 15, 1997. 484 ~405354 MINUTES City Commission, Sanford, Florida WORK SESSION City Manager Simmons called to the attention of the Commission that the requested approval should include the conditions outlined in the May 15, 1997 memorandum to the Commission from Jay Martier, and this memo would become part of the Use Agreement. ASreement for Jeweft Lane Improvements. City Manager Simmons reported he had provided a copy to each Commissioner of a proposed Interlocal Agreement between the City and the County that will facilitate the improvement of that section of Jewett Lane lying between Airport Boulevard and Bevier Road, to bring it up to a standard width roadway and right-of-way. The County has obtained a conditional dedication of right-of-way on the south side of Jewett Lane to the County. The County would design and fund this project under a part of the County' s penny sales tax for road improvements, using part of the money allocated for the City of Sanford project. One of the objectives, which the City Manager sees, is to eventually get Jewett Lane improved all the way from Airport Boulevard out to Sanford Central Park, to provide an alternative east/west corridor through what will be significant future commercial development, without having to rely on State Road 46. This whole construction will be at no cost to the City' s General Fund. Commissioner Lyons asked if the CSX railroad crossing could be included in this improvement. He felt most of the crossings in the city needed these improvements. The City Manager explained the only issue in improving (and he felt Commissioner Lyons was referring to rubberized crossings) at that intersection is whether that gets ~mded as a part of the City project or as a part ofthe County project for the area of 25th Street west of the railroad. Discussions with the County reveal absolutely no argument that it should be done. In that area we will be necking down from a four lane divided at Airport Boulevard to a four lane undivided as we now see it where you cross the railroad. City Manger Simmons felt it would probably come out of the City project but it definitely needs to be done. Proposed utility reloeations.and extensions around the Orlando Sanford Airport. City Manager Simmons asked Paul Moore, Director of Utilities to advise the Commission on the funding prospectus and rev/ew of the sprea~heet done by Conldin, Porter and Holmes with our oversight, in regard to relocations and extensions. He reported the purpose was to review with the Commission where we think we are financially and planning/scheduling wise with the various utility relocations associated with the County's road construction program and the extensions around the Orlando Sanford Airport. This message needs to go to the County relative to our plans for the water and sewer out around the Mr. Moore reported the County basically has a four year program, with years two and three having the bulk of it. He explained this is the first part. There were some changes last week as a result of a Ietter from the County, where we were hoping to leave some of the utilities in place but now they have to be relocated out from under the pavement, so some of the costs are going to change a little bit. We are hoping to fund them with operating funds in the next three years so the capital funds will basically be tied up for those three years. He reported the spreadsheet included a list of the relocations and extensions as well as a map of the various projects. Commissioner Lyons asked if these were County projects. Mr. Moore explained that these are County projects but they include City roads which we will be reimbursed for. The County roads are ones where the City has utilities in their road right- of-way so at their will if they tell us to move them we have to move them. Commissioner Lessard asked if the project on CR 427 and Longwood is being completed before ours or simultaneously with ours. Mr. Moore stated he thought the CR 427 project was ahem of ours. He reported they are trying to do these in phases and some of them have to be done prior to the County's projects. They basically are following the County' s schedule on their road improvement projects. The City Manager pointed out that a number of these projects has changed on the County' s schedule significantly. They really don't expect any acceleration of these projects but could certainly experience some slippage backward. If there is any good news it is that this project was one that was identified to be done anyway as a part. of full support for the utilities in the vicinity of the Airport and east of the Airport, so we simply are being caused to do it maybe a year or two or three earlier than we would otherwise have had to. This will put a strain on the utility pay-as-you-go basis. It appears looking at the smalI amount in 1999/00 that by the time we get out to that year we will have the ability to either fund that project or to repay a short term line of credit loan, which we might have to take out on that particular project to keep it in sine. Based on this particular analysis, at our present rote of revenues and costs, we expect to be able to cash flow these significant projects without having 19 ?7. F.405354 MINUTES City Commission, Sanford,' Florida ~,~3RI~ ,gF,g,gTt3N 3une 485 9 19~7 to do any utility bond sales, or associated long term borrowing. Mayor Dale expressed it might be a good idea to go ahem and set up a line of credit to use or not use at our discretion. City Manager Simmons stated that is on the work schedule and will be accomplished witbin the next month or two. They will actually go through an RFP to establish that line of credit. It may very well be a City line of credit rather than a Ut/lity Fund line of credit. This will give us additional flexibility other than the reserve at the SBA. Mayor Dale stated this will mean you don't have to go to a bond issue if you get caught short on your operathng revenues, you can still go ahead and do these projects. Mr. Moore reported that he felt the middle of next year and the following year will be the crunch time and they may need some short term bonds. [Mayor Dale turned the meeting over the Commissioner Eckstein and left the meeting.] Canada Life hsuranee rate renewal City Manager Simmons explained that Tim McCauley, Personnel Director has been doing the contacts on this and they felt it appropriate to put this proposal to the Commission at this time. Commissioner Eckstein observed that this was a twenty percent (20%) increase. Mr. McCauley reported that last year was not a good year mortality wise. The City Manager reported that the dollars related to this were not large dollars even City wide. Tbis is why they recommended carrying it another year and then see what it looks like, rather than rebidding it at this time. Mr. McCauley assured the Commission that if we bid it at this time we would take a beating. Agreement for membership into Florida's Certified Local .Government Program. Mr. Andrew VanCraale reported that for several months he has been work/ng with the Department of State, Div/sion on Historical Resources on getting our Historic Preservation Board part of the Certified Local Government (CLG) Program wh/ch the state offers. Some of the membership benefits are that, it allows the program and our Historic Preservation Board to participate more fully in the Federal program, it allows the board to do such tbings as review National Register nominations, it allows us to have access to a clearing house of /nformation at the Department of State and Florida master site files and gives us more technical assistance with them. Also, there are set aside grants every year that come through the Legislature and then through the State specifically for the Certified Local Governments. Right now there are about tbirty (30) Certified Local Governments in the state, and the yearly average on the grant allocation has been about $65,000.00 or $70,000.00. The grants are used for things like updating site files and surveys and to maintain an inventory of documentation; also for training for preservation boards and conferences. The CLG would allow the Historic Preservation Board and the City to administer the local ad valorem tax exemption ordinance if we choose to adopt it. This tax exemption can grant a 100% exemption on any increase or any improvement made to a property provid/ng that improvement is worth 25% or more of the adjusted value of the home (not the land). The exemptions run for ten (10) years. Th/s is only a City tax exempt/on. We feel this is an economic incentive for the community in the Historic District. Commissioner Lyons quest/oned who would assess the improvements for tax exemptions. Mr. VanGaale stated there is a two part application form; on the first part the applicant would document what he was going to do and how much he was going to spend on the project, and the first part would be approved through the Historic Preservation Board, providing it meets all the standards. Once the project is done, which has to be witbin two (2) years, then part two of the application would be filled out and it would be determined if that money was spent by study/ng contractor's bills, permits, etc., then it would go to Bill Suber, Seminole County Property Appraiser, and they would grant the exemption on the following January 1. These percentages can be set by the Commission. Commissioner Lyons asked if this would put any more demands on our Historic Preservation Board or our Ordinances. Mr. VanGaale reported there are a few more procedural demands. Commissioner Lessard asked if the tax exemptions are going to be limited to homesteaded properties or are those for commercial properties. Mr. VanGaale reported they are for homeowners, commercial projects and non-profit projects are d/fferent. He pointed out that it does not have to be a homesteaded property but can be any residential property whether it has a homestead exemption or not. The County also could give an exemption. Commissioner Lessard felt it would be nice to get the County involved also. Agreement to facilitate the development of three lots prior to completion of infrastructure in Sanford Central Park Phase IL City Manager Sinm~ons reported that the copies given to the Commission of the Agreement signed by Don Bauerle were 4:86 MINUTES City Commission, Sanford, Florida W[lRK SFSSTfiN .lLine 9 19 97 ..... rough copies and will need to be cleaned up, but them will be no changes in the language. Mr. Marder reported this Agreement wiI1 facilitate the development of two high-tech type businesses in the second phase of Sanford Central Park. Request for temporary Variance or Exception to Policy or Code. City Manager Simmons referred to a letter dated May 14, 1997 from Tom Dale, representing Stooges. Stooges requested to be granted a variance or exception to the policy regarding distance between establishments. The City Manager reminded the Commission at this point in time they have adopted an Ordinance which changes the alcoholic beverage section of the code and are going through the process of changing the part of the Land Development Regulations which we beIieve need to be changed before the new rote as adopted by the Ordinance for distance separation can be fully implemented. City Manager Simmons stated he has some concern about the City Commission granting a waiver or variance which essentially presupposes what action is going to be taken by the City Commission after Public Hearings on the Ordinance to amend the LDR have been completed. He asked Jay Marder, Director of Planning and Zoning, when it was to go to the Planning and Zoning Commission for Public Hearing. Mr. Marder stated it was scheduled for June 19, 1997. Commissioner Eckstein asked if the City Ordinance took precedence over the LDR and City Manager Siretalons informed him that no it does not when there is a conflict. Commissioner Williams asked if Stooges weren't grandfathered. City Manager Simmons explained that there is no grandfathering associated with this because they have never had anything other than beer and wine at that location. They have a 4-COP license which they have never been able to activate. They want to sell liquor, but we changed the rules previously applicable to liquor sales, made them all the same, and the distance that Stooges is from the churches cease to be a problem. However, a part of that same Ordinance that was previously adopted dealt with now treating all categories the same. The LDR as it now exists stilI has two separate categories, a beer/wine oniy category and an alcohol regardless of content. This is a proposed change which is in the works right now, to obliterate those two categories in the LDR and come away with only one. Commissioner Eckstein questioned how long they were going to stall this out if the intent of the City Commission is to allow these people to have it. City Manager Simmons stated if it is the intent of the City- Commission to do this all it takes is a vote tonight to grant a waiver. Commissioner Lyons stated the LDR was the Planning and Zoning Commission ' s area of expertise and they should have the oppommity to look at this, make comments on it, vote and go on record as to say how this should be treated. He would also like for the Planning and Zoning Commission to address the issue of grandfathering. Extensive discussion followed concerning grandfathering and the intent of the City Commission in regards to grandfathering and the related Ordinance. City Manager Simmons explained that previously there were more than two categories on the liquor side and those were combined into one. There are still two categories in the other side and the problem is that there are two establishments in the same building (both of which are beer/wine) which breaks the 500' role. If the category is changed on one of those, which is what is requested, then there would be a violation. However, if the two categories are combined into one, which is what is being proposed to be done, then Stooges can be "grandfathered". Commissioner Lessard asked that under the new Ordinance that did pass, is it really a change of use. If they already are beer/wine and nowbeer/wine and liquor are alI the same, is it a change of use to just add more of the same? Mr. Marder stated that we are trying to align the zoning code with the chapter on alcoholic beverages. Building Outline Lights Installation. City Manager Simmons discussed a report from Community Redevelopment Agency for downtown. The CRA has been discussing and considering a proposal that Comm/ssioner Van Der We/de from the County brought back from a trip to Kansas City, in which buildings would be outlined with lights spaced about a foot apart and lit during the holiday season, as well as other festive events, The notion is that over time the public, as well as private buildings, in the downtown area would have permanently installed lights along the outline (the comers and the roo~ine). The recognition is that public money should not be used on private buildings but rather kept for public buildings and perhaps that the two public buildings in the downtown area, the City Hall and the Courthouse, might be an initial location for the installation of these lights by the two respective agencies, possibly with the CRA offering to provide some financial assistance from their committed dollars. As a means of beginning to expand this through the downtown into the private area, it is possible Main Street, as they have done facade grants in the past, might choose to do grants on the private side to encourage this. E405354 MINUTES City Commission, Sanford, 'Florida 487 ~RK SFSSION June 9 19 97 Commissioner Eckstein asked what the effect was i.n Kansas City. City Manager Simmons reported that the effect in Kansas City was to create a tremendous attraction in terms of the appearance of the downtown area and from what he understood from Commissioner Van Der Weide and also from the former County Manager who talked to the people in Kansas City, they feel that it has been very positive in making the downtown "center city" a much more attractive place to be. From our standpoint he feels it would show Sanford well from across the lake and from the air, and it would show do,a,atown Sanford in a much more festive light since they could be turned on and turned off and actually augment existing or planned new street lights up and down the street. The lights would stay on the build/ngs permanently and would be turned on whenever appropriate. Comrn/ssioner Lessard asked what kind of lights they would be. City Manager Simmons stated he thought they would probably be about a 15 Watt clear bulb with a standard base and some permanent wir/ng that would be ultrav/olet resistant. Commissioner Eckstein asked what the cost to the CRA would be. The City Manager stated it would probably have to be put out for bid. A figure of $3.00 per nmn/ng foot for installation has been suggested but obviously that will vary with the type of the job. The County Manager is still interested, reflecting the interest of some of the County Commissioners in pursuing this. If this Commission is interested the next step is to prepare a bid spec and bid it. Commissioner Lyons was concemed about how they would look un-illuminated hanging on the building all year long. City Manager Simmons stated he would attempt to get some pictures from Kansas City of the buildings during the day. He felt he could have some pictures with two (2) weeks. City Manager's report. A. Commissioner Lyons reported he has a conflict on June 16 with the Executive Session that was previously scheduled for that day. The Commission agreed to hold the Executive Session on June 23, 1997 at 3:30 p.m. before the regularly scheduled Work Session. B. City Manager Simmons designated Sandy Moore and Keyin Smith as Interim ColDirectors of the Finance Department. Both will report directly to the City Manager in their assigned areas of responsibility. Both individuals will attend Department Head Meetings, and one or the other will attend Commission Work Sessions and Regular Meetings. Both of these employees are exempt and work a regular 37.5 hour week. He would like the Commission to approve increasing their payable work week to 40 hours for thei duration of this interim, retroactive to May 30, 1997. There will be an Ordinance for first reading at the Regular Meeting tonight. It may become moot, but this Ordinance basically specifies that any time in the future there is a department head vacancy, where a 37.5 hour week employee is desigrhated as the acting deparmaent head, this would automatically kick in without coming back to the Commission for a separate Ordinance. [Mayor Dale rejoined the meeting and took back the chairmanship.] Carpet Specifications. City Manager Simmons addressed the proposed bid advertisement specification that was provided to the Commissioners. This will give the vendors the abil/ty to bid one or both of two different grades of material. Brand names are used to indicate that these are m/n/mum standards and not a propr/etary choice. The City Manager recommended splitting this out and offering two different .grades, to enable a good direct comparison on costs and attempt to have a good comparison on the quality. He asked for concurrence with the specifications, .with no decision to be made at this time until bids are opened and reported back to the City Commission. Jerry Herman, Public Works Director reported the sealing work will be started th/s week some time and the carpet will be done after the sealing is completed. ,The sealing should take about two or three weeks. Mayor Dale commented that this is carpet for the second floor of City Hall. Jerry Herman presented samples of the carpet to be put up for bid, reported the selection of color would come later, and that he prefers to have the same color everywhere for simplicity. Mayor Dale commented the money is set aside in the reserves to complete this project and we would be remiss by not going ahead with it. However, he did not want to put out an RFP and then decide not to do it. Mr. Herman reported that the estimated cost at this point is in the $7,500.00 range. City Manager Simmons commented one of the significant factors in what the cost is going to be is that we must continue operations in this building while this is going on, and a lot of this work is going to have to be done at night and on the weekends to keep the!City business going. 48.8 E405354 MINUTES City Commission, Sanford, Florida W~R~< SF,%T~N 3une 9 Commissioner Lessard was concerned if we should replace the carpet if we are considering selling the building. Mayor Dale felt if we sold the building it would be four or five or six years down the road. Commission Meetinl/Minutes. Mayor and Commissioners requested that Commission Minutes for the previous meeting be placed as a separate item at the top of the agenda for each meeting. Board appointments and re-appointments. Commissioner Willisins distributed an Application for Appointment from Katheryn J. Alexander for the Civil Service Board. Regullr Allends Item A. Commissioner Lyons asked if Mayor Dale or City Manager Simmons knew the status of the nude bars in connection with the County. Neither really knew. Commissioner Lyons felt strongly that we need to assure there were no new establishments opened in Sanford. Mayor Dale stated we should know more after the Planning and Zoning Commission meeting tonight. Commissioner Eckstein stated the Planning and Zoning Commission has to create the zoning. B. Commissioner Lessard questioned what the incident was that occurred one of the first weekends that a police presence was established in Goldsboro. His understanding was that a police car was attacked or vandalized. ChiefDillard and Sgt. Danel Brewer reported that there was an incident involving alcohol and a weapon and the closing of one of the establishments that there had been a lot of complaints about. The officers were talking to the owner of the establishment when the car was rocked and attacked. Commissioner Lessard stated h/s only concem was for the safety of the officers. City Manager's report (continued). C. Will be asking for a vote tonight on an Agreement for Federal Revenue Sharing to facilitate continued receipt of the Federal Law Enforcement Trust Fund dollars. D. Will be asking tonight for action to dedicate a non-exclusive easement over city owned power right-of-way by Groveview, to facilitate a clear right of ingress/egress for Sterling Woods Subdivision from Lake Mary Boulevard. The City owns the underlying fee. The power company already has a perpetual easement over this property for power transm/ssion purposes. He is recommending approval of that action tonight to authorize the signing of an easement for this access road. E. The Commission previously approved a special event for Sanford Main Street for the 4th of July at Ft. MeIlon Park. At that time the special event called for street closures on I st Street and Seminole Boulevard for that Friday holiday event starting at noon. He is in receipt of a request that the street closures be effective as of 8:00 a.m. on that day to facilitate the set-up of the stage and other activities. Also, for that same event, we now have a request that shows up to four concessions areas; two along the 1st Street side and two along the SeminoIe Boulevard side within the area, which will be food, soda and proposed beer in those locations. Previously there had been an anticipation of probably one beer location and what they are trying to do, with the anticipated crowd, is spread that out. City Manager Simmons informed Main Street that in supporting this he would put the condition forth that beer not leave that park area. This would be controlled by police as necessary. F. Sanford Main Street has submitted an application for a reduced rate for the Civic Center for their fund raiser on June 14, 1997, an alcoholic beverage event. G. Will bring forth tonight for a vote approval of the Police Department Consultant Contract with Public Administrative Services in the amount of $53,830.00. Mayor Dale stated he had given a tour of the City to PAS and showed them what we were doing. H. Reported that Commissioners received an unstaffed letter from Ms. Clara Delano regarding 801 Magnolia Avenue. The letter is being staffed and hopefully more information will be given to the Commission on this issue at the June 23, 1997 Commission Meeting relative to staff recommendations. There are some serious questions as to whether or not Ms. D¢lano has requested a fire inspection. Commissioner Lessard questioned ifh~r time is still unexpired on this issue. Commissioner Lyons asked when her time would run out. B05354 MINUTES City Commission, Sanford, 'Florida 489 WORK SFSSION June 9 19 97 City Manager Simmons reported that the termination of her license was the 23rd of December, and the next meeting wiI1 be exactly six months. The Mayor asked for clarification on who does the fire inspection. City Manager Simmons reported that the fire inspectors do the fire inspection however, as of the last time we looked into it, she had not requested it. She was in fact sent a letter telling her that she had to request a fire inspection to get the fire inspectors to come, because the fire inspectors can't come on her property without her request. City Manager Simmons stated we will communicate back to her post haste that, we told you before and we'll tell you again, you need to have a fire inspection, invite the fire people in, if you want to get inspected, otherwise it doesn't happen. Stated he had talked to each one of the Commissioners regarding emergency .water service for 333 Rose Avenue. Tonight he would like to ask for a formal vote on that for the record. He would also like to discuss at a subsequent work session the idea of the City Commission adopting a policy authoriz/ng the City Manager to approve emergency water service on an outside the City basis in enclaves where there is insufficient infrastructure and we don't want to annex the property, to go ahead and provide the water as a humanitarian effort without waiting for another Commission meeting. It would not affect anything that is not already an ericlave. Otherwise it would have to come to the City Commission to avoid bullcling bars to contiguity. Commissioner Lyons questioned what services the City is required to provide to a property once it is annexed. The Mayor stated we would have to provide fire and police protection and road maintenance. As far as the infrastructure of this particular property there is no fire hydrant so the City cannot provide adequate fire protection. Comm/ssioner Eckstein asked if they would have to pay the surcharge. City Manager ~mmons stated they are outside the City so they would have to pay the surcharge. City Manager Simmons stated this is something he will bring to the Commission with a more specific recommendation. The new owners of the Tsunami Beach facility have come in with Start Smith wanting to put on an outside non- alcoholic event on Sunday, August 9, 1997 from 2:00 p.m. to 9:00 p.m. City Manager Simmons is pushing the Ord/nance for noise which is going to City Attomey Colbert tomorrow and wh/ch will provide some regulation. City Manager Simmons informed the promoter of this event that we are moving towards an Ordinance that will severely limit noise. The promoter is wanting an answer right now and City Manager Simmons informed him that right now we have no formal basis for objecting from a legal standpoint. Any guidance the Commission would have relative to an afternoon non-alcoholic event would be welcome. Commissioner Lyons was concerned with the parking. Mayor Dale suggested the Commission may in the future want to require a Special Event Permit including parking, toilet facilities, etc. City Manager Simmons reported that the Ordinance headed toward the City Attorney will require a permit for any type of outside noise generation that passes beyond the property boundary whether it is on public or private property. Commissioner Lyons asked if this would require the purchase by the City of any special equipment. City Manager Simmons stated part of the equipment is included, however, we basically have a permit application for noise generation which comes before the issue of measuring noise. This is something we don't have now in terms of permitting that covers anything besides an alcoholic beverage outside event. Commissioner Williams asked if this would increase the number of police required. City Manager Simmons stated as always this is the police chiefs call once we get information on the details of the event and the estimated number of people. The presence or absence of alcohol plays very heavily into his general logic as to how many officers he needs. Commissioner Willjams stated that the police officers should be able to control some of the noise level. City Manager Simmons requested that Police ChiefDillard take that into consideration when making his recommendations. Commissioner Lyons questioned if we knew the name of the band or type of music. City Manager Simmons stated the promoter says it is not rock, it is not heavy metal, it is not rap. It is a touring group. 490 E405354 MINUTES City Commission, Sanford, Florida WORK SESSION J,~ne 9 t9 97 K. City Manager Simmons reported he had a meeting the other day w/th the Daytona Beach Cubs who play in Jactde Robinson Stadium. They would like to make Sunday, June 28, 1997 Sanford Night for a double header in Daytona. The Cubs will be playing a Kissimmee Farm Club team. We brought Mike Kirby, Recreation Director in to try to create a tie in between the youth baseball that is played through our recreation program, trying to see if we can generate some interest. The tickets will be $4.00 each and transportation is really ~e issue for the kids. Mike Kirby is going to go back through the sponsors and the coaches of these groups. Mike Kirby, Recreation Director reported there is a meeting in the morning with all the sponsors and the goal is to get five or six all star teams to Daytona. They will sell as many tickets as they can, and at the same time they are trying to raise money for their all star teams who will be going to all star games. Mayor Dale reported that half the proceeds will go to the Little League and half wilI go to the Negro Athletic Retirement Fund. Commissioner Eckstein requested Commissioner Williams encourage some of the organizations she is involved with to participate. Commissioner Willjams stated she would do whatever she could. Commissioner Eckstein requested that Commissioner Lessard meet with Mike Kirby to work further on this. Commissioner Lessard agreed. The Commissioners viewed a one minute clip on the Soap Box Derby from the TV and, there being no further business, the meeting was adjourned. Attest: F. A05354 MINUTES City Commission, Sanford, ~Florida REGULAR MEFTING June 491 9 19 97 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 9, 1997, at 7:00 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. Willjams Commissioner Brady Lessard Commissioner Kerry D. Lyons Assistant City Attorney William Reischmann City Manager William A. Simmons Acting City Clerk Cynthia Porter Absent: City Attorney William L. Colbert City Clerk Janet R. Dougherty Presentation of plaque to Mrs. Amos Jones. Mayor Dale requested Mrs. Amos Jones to come forward. He reported that the City had lost a very dear ft'/end and good citizen in Sanford and Seminole County a little over a week ago when Amos Jones passed away, and he will be sorely missed. Mayor Dale read a dedication as follows: "Amos Jones' whole life exemplified dedication to his fellow man and to his commun/ty. He lived and worked in Sanford and was extremely active in a variety of community affairs. He had been the Pastor of St. Paul Missionary Baptist Church for the last 20 years. And, for the past four (4) years, Amos Jones served in the capacity of Chairperson for the Sanford Civil Service Board." Mayor Dale, on behalf of the City Commission and the citizens of Sanford, presented Mrs. Amos Jones with a plaque as a small token of appreciation. Mrs. Amos Jones accepted the plaque and thanked the Commission. Recognition of Diane Crews for her accomplishments. Mayor Dale asked Diane Crews, Secretary HI to the Mayor and Commission, to come forward. He reported that Diane not only worked hard for him and the Commission, but worked hard on her own behalf and Diane had been going to school to further her education. She worked so hard that she had graduated from UCF Summa Cure Laude, and he and the Commission just wanted to let her know they appreciate all the work that she does, and it exemplifies what she does on her own behalf. Mayor Dale then presented Diane with a congratulatory card signed by himself and other members of the Commission. Ms. Crews thanked Mayor Date and the Commission. Mayor Dale went on to state that he felt it was quite an accomplishment to be a wife~ mother, have a full time job and go to school and graduate Summa Corn Laude. Citizen participation. Mayor Dale called for any citizen participation. No one appeared. Public hearing to consider the second 'reading and adoption of Ordinances No. 3341. to amend the City Code Chapter 3. Alcoholic Beverages. Sec. 3-1. Definitions, to add defmitions for "restaurant." "full service kitchen." and "temporary church", and amendine Sec. 3-5, distance restrictions, to reduce distance restrictions between vendors of alcoholic beverages and churches and schools, and to add distance restriction between vendors of alcoholic beverages. Ad published May 29, 1997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3341. No one appeared. 492 E405354 I MINUTES City Commission, Sanford, Florida REGULAR MEETING 3une Commissioner Lessard moved on the second reading and adoption of Ordinance No, 3341 entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLDRDk AMENDING THE CITY CODE CHAPTER 3, ALCOHOLIC BEVERAGES, SEC. 3-1, DEFINITIONS, TO ADD DEFINITIONS FOR "RESTAURANT", "FULL SERVICE KITCHEN", AND "TEMPORARY CHURCH"; AND AMENDING SEC. 3-5, DISTANCE RESTRICTIONS, TO REDUCE DISTANCE RESTRICTIONS BETWEEN VENIX)RS OF ALCOHOLIC BEVERAGES AND CHURCHES AND SCHOOLS; AND TO ADD A DISTANCE RESTRICTION BETWEEN VENDORS OF ALCOHOLIC BEVERAGES; TO ESTABLISH REPORTING REQUIREMENTS FOR RESTAURANTS; APPLICABILITY PROVISION; PROVIDING FOR SEVERABmrrY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Public hearing to consider second readhe and adoption of Ordinance No. 3343. to adopt the Sanford Fire Department Standard Operating Procedures Manual. Ad published May 29, 1997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in 'opposition to, the adoption of the Ordinance No. 3343. No one appeared. Commissioner Lessard moved on the second reading and adoption of Ordinance No. 3343, enti~ed: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ADOPTING THE SANFORD FIRE DEPARTMENT STANDARD OPERATING PROCEDURES MANUAL, PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of Assifnment Of LeaSe to Baker Farms. City Manager Simmons reported that several years ago the City of Sanford outleased to Albert Clark a portion of the water sprayfield at Site 10 for cattle grazing. Mr. Clark, through his attorney, has requested approval to assign this Lease as is to Baker Farms (Mr2 Joe Baker). On recommendation of the City Manager, Commissioner Lyons moved to approve the assignment of Lease. 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 Lyons Aye Consideration of Right-of-Way Use Agreement for Time Square Bistro in~ Magnolia Square and for Conditional Use of sale of beer and wine for consumption on the premises at 107 Mal~nolia Avenue. City Manager Simmons reported they had received a proposed Right-of-Way Agreement for Time Square Bistro to utilize a portion of Magnolia Square as an outdoor restaurant. This is in conjunction with an Application for Certificate of Appropriateness approved by the Historic Preservation Board for this particular use, as this property is located in the heart of the Historic District. The Planning and Zoning Commission has conducted a Conditional Use hearing and has voted in favor 19 97 E405354 MINUTES City Commission. Sanford. 'Florida RFGUI=AR MFFTING 493 .],ne 9 19 97 of approving a Conditional Use for alcoholic beverage sales at this location. Th/s particular Right-of-Way Use is recommended for approval incorporating into it the conditions recommended by the Director of Planning and Development in his memo dated May 15, 1997. On recommendation of the City Manager, Commissioner Will/am moved to approve the Right-of-Way Use Agreement incorporating ~e aforementioned conditions. follows: Seconded by Commissioner Lessard and carried by vote of the Commission as Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to approve the Conditional Use of sale of beer and wine for consumption on the premises at 107 Magnolia Avenue. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of request for variance or exception to policy or code. City Manager Simmons reported this issue was discussed considerably at the Work Session this afternoon. This is a request for Stooges to be granted a variance or exception to the policy with regard to the distance between establishments for the sale of beer and wine. He explained the Commission had adopted the Ordinance which changed the distances, however, there still remains to be done an Ordinance which will make the Land Development Regulations section of the City Code comport with the intent of the City Commission in adopting Ordinance No. 334 I. The Planning and Zoning Commission wiI1 hold a Public Hearing next week on the Land Development Regulation change and the City Commission Public Hearing will be held after that. City Manager Simmons recommended to not approve a waiver or variance prior to conducting the public hearing for adoption of the Ordinance to change the Land Development Regulations. Commissioner Williams moved to approve the request in view of the fact they had been dealing with this issue for quite some time. Seconded by Commissioner Eckstein. Commissioner Lyons stated he felt it. was in the best interest of the City both professionally and morally to allow the process to continue since Planning and Zoning does have a meeting to address the LDR with reference to this specific issue. Tom Dale spoke on behalf of Stooges. He reported he had spoken personally with every Commissioner as well as City Manager Simmons. Mr Dale stated he had called Mr. Simmons after the May 12, 1997 Commission meeting and asked Mr. Simmons personally what he would need to do in anticipation of the Commission approving the Ordinance. Mr. Dale stated that City Manager Simmons recommended that he (Mr. Dale) send a letter to the Commission requesting this except/on to policy prior to approval of the Ordinance. Mayor Dale asked Tom Dale if there was a time frame or anything on any of the licenses that he has that motivates him to get it going. Mr. Dale said no, but he pays $2,200.00 a month rent, and about $900.00 in power bills and $600.00 in water bills pins all the salaries that he is paying, and he is just trying to make ends meet. In response to Mayor Dale's question, City Manager Simmons explained the Ordinance should come to the City Commission the meeting immediately following the Planning and Zoning hearing. The very best the Commission could do E405354 I 494 MINUTES City Commission, Sanford, Florida REGULAR MEETING June is have the first reading of the Ordinance on June 23, 1997 and the second reading the first meeting in July, assuming that there are no unusual statutory requirements that deal with Land Development Regulations changes. Larry Blair, 407 W. 251h Street, Sanford, Florida reported that this request came up over a year ago the first time, and through a variety of reasons, and almost a comedy of errors, it has been thwarted at every attempt to get anything done. Stooges opened up in September, 1996 complying with the City Ordinance for just beer and wine, and the economic situation creates the need to get it done. He reported it' s like Stooges has to play by two different sets of rules, the Ordinance has been changed to affect the distance between churches and schools, and yet now with the new Ordinance requiring 500 feet between establishments they don't comply with that. Mayor Dale concurred with Commissioner Lyons on following the procedures. He felt that another thirty days is not going to make that much difference compared to going through the proper procedures. Commissioner Williams stated she does not want to deviate from the proper procedures, and asked if by requesting support of the variance does that mean that the procedures are not being followed. Mayor Dale stated that yes it does. In this case it is not a request for a variance it is a request for exception. The difference is the hardship has to be not of the applicant's own making in relation to the property that the policy or code regulates. In this case our system allows for a change of an Ordinance that probably will alIow Stooges to operate and it's already in the system. It Iooks like it is within thirty days of being carded out, and therefore the hardship that would not be a precedence setting situation does not exist if we were to do this. Mayor Dale asked Attorney William Reischmann if we are setting a precedence by making an exception to the policy or code in relation to a distance requirement, and granting an exception to the distance requirement. Attorney Reischmann stated absolutely. Commissioner Lessard stated that when the Ordinance was passed it was the Commission's intent to make whatever adjustments needed to be made in the LDR to make the Ordinance work. Commissioner Eckstein stated that the people who voted for the motion to adopt the Ordinance intended for the LDR to be changed to accommodate the Ordinance, and that was the purpose of what the Commission did. He.does not feel a precedence is being set. Mayor Dale stated the motion is to allow an exception to the PoIicy or Code for Stooges to operate with a liquor license notwithstanding the fact that the LDR has not been changed at this point. The motion failed to carry upon roll call vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Lyons Nay Commissioner Lessard stated "for the record", this has been ridiculous that we have dragged this out. This is absolutely insane that this has dragged out this long. Mayor Dale requested he go on the record as saying the amount of work that I have put into an Ordinance, and I want it to be one of those that are enforceable, and for an Ordinance that before we absolutely could not have possibly operated under, and although my motive was not to allow Stooges to open, this Ordinance is probably going to allow Stooges to open. And I' m going to tell you I do not appreciate the looks and the clapping that I get up here working on an Ordinance that I think ~9 97 F. A05354 MINUTES City Commission, Sanford, 'Florida RF~tII~R MFFTTN~ 4'95 3ttn~. 9 1997 will go through and you guys act like we spit on you. You are so close to getting what you want, as it happens, out of an Ordinance that we worked hard to do, and then come up here and act like we went down on you. I don't think you could have upheld a court challenge if we had just said no, you can't do it, .and I really don't appreciate it. It may have been a long time coming, but they opened the bar under the auspicious of a code that didn't allow it, and then want to blame me for the hardship when I have worked for an Ordinance that I think will be better for this City, and then you want to sit there and say it is ridiculous. I think it is ridiculous the other way around. Anyway, the motion failed. City Manager stated for the record that Mr. Dale commented several times that he advised Mr. Dale or asked him to send in a letter. When someone approaches me as the City Manager, and says they want to ace0mplish something, my only recommendation to them is if they want to accomplish their task and I don't have any authority to approve it, they have to send a letter the the City Commission. When I tell someone that it in no way const/tutes a recommendation of what they are trying to do, it in no way constitutes any indication that I' m going to support it. I am simply advising them that here is the way to do it. Request for street closure in conjunction with a Special Event on June 21, 1997. City Manager Simmons reported Staff recommends approval of this request as part of a Special Event Application which was previously approved with the following conditions: 1) That a license may be required depending on the types of vendors which are operating; 2 ) An insurance certificate will be required and has not yet been received; 3 ) That the street closure be coordinated with the Public Works Streets Superintendent; and (4) that any tents that are to be erected on the property associated with this comply with the applicable Building Department and Fire Department rules. On recommendation of the City Manager, Commissioner Willjams moved to close San Juan Avenue between Seminole Boulevard and 1st Street, subject to the above four conditions, from 7:00 a.m. to 9:00 p.m. for a Celebrate Sanford Rally in Ft. Mellon Park. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of Inte~ocal Agreement with Seminole County for Jewett Lane improvements. On recommendation of the City Manager, Commissioner Lessard moved to approve execution of the J. nte~ocal Agreement with Seminole County for Jeweli Lane Improvements between Bevier Road and Airport Boulevard to improve Jeweli Lane to a standard width roadway. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of Canada Life rate renewal. On recommendation of the City Manager, Commissioner Lyons moved to extend the Canada Life contract for an additional year in the amount of.30 per $1,000 of face value coverage for Basic Life, .47 per $1,000 of face value coverage for Optional Life and .05 per $1,000 coverage for AD & D. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 496 ~,405354 I MINUTES City Commission, Sanford, Florida REGULAR MEETING June 9 19. 97 Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Membership into the Florida's Certified Local Government Program. On recommendation of the City Manager, Commissioner Williams moved to approve execution of the application. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Status report on condemnations. City Manager Siremorn reported the structures on Condemnation No. 96-22 has been corrected and returned to adequate condition and, on Condemnation No. 96-25 has been demolished by the owner, and recommended that the two structures be removed from the condemnation list. Commissioner Lessard moved to remove Condemnation Reports 96-22 and 96-25 from the condemnation list. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First ReadinL, of Ordinance No. 3344 re: Increasine membership of the Cemetery Advisory Committee. Commissioner Williams moved on the first reading of Ordinance No. 3344, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 2005 OF THE CITY CODE, TO INCREASE MEMBERSHIP OF THE CEMETERY ADVISORY COMMITTEE BY ONE PERSON; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3345, re: increasing residential utility deposits. Commissioner Lyons moved on the first reading of Ordinance No. 3345, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLE III, WATER, SEWER AND DRAINAGE CONNECTION AND CONTROL CHARGE OF THE SANFORD CITY CODE TO DELETE SECTION 28-43(d) AND TO PROVIDE A NEW SECTION 28-43(d) INCREASING RESIDENTIAL UTILITY DEPOSITS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3346, re: adopting an amended classification and pay plan. E405354 MINUTES City Commission, Sanford, 'Florida 497 REGULAR MEETING June 9 19 97 Commissioner Lyons moved on the first reading of Ordinance No. 3346, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3312, AND ITS AMENDMENTS, AND ADOFHNG AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of aereement with Sanford Central Park to facilitate the development of three lots in Sanford Central Park City Manager Simmons reported the lots are on the east side of Central Park Drive immediately to the south of Smith Canal. The developer has signed the copy given to the Commission, however a smoother copy has been sent to the developer for signature. On recommendation of the City Manager, Commissioner Lyons moved to approve the agreement. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Civil Service Board appointment. Commissioner Williams moved to appoint Katherine Alexander to the Civil Service Board to fill an anexpired term and to reappoint her for a term to expire June 30, 1999. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye ~nce Abatement Board. A. Mayor Dale reported Verdell Pugh's term expires July 8, 1997 and she has indicated she would like to be reappointed. Commissioner Willjams moved to reappoint Verdell Pugh. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: B, Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale reported Marveen H. Kelly's term expires on July 22, 1997 and she also indicated she would like to be reappointed. Commissioner Williams moved to reappoint Marveen H. Kelly. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: E40~3~4 I 498 City MINUTES Commission, Sanford, Florida REGULAR MEETING 3une 9 19 97 Consent Agenda. A. Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from Stenstrom, Mclntosh, Colbert, Whigham & Simmons, P.A. for payment of statement in amount of $6,260.00 for professional services in May, 1997. B. Tabulation of Bids. 1 ) Bid #96/97-75, Laboratory Equipment, wet bath and glassware/equipment sterilizer) used to perform required Iaboratory analysis of water and wastewater samples. City Manager recommends acceptance of the lowest bid that met specifications, from VWR Scientific, in amount of $1,215.91, for the wetbath; and to reject all bids, clarify the specifications and re-bid the gIassware/equipment sterilizer. C. Approval of Minutes of April 28, 1997 Work Session, April 28, 1997 Regular Meeting, May 12, 1997 Work Session, May 12, 1997 Regular Meeting and May 19, 1997 Work Session. D. Appr6val of vouchers for the month of May, 1997. On recommendation of the City Manager, Commissioner Eckstein moved to authorize payment of items A and D, and accept item B and approve item C. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: City Attorney's report. No report. City Manaager's report. Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye SL John's River Water Supply Cost Sharing Program contract. The City Manager reported this contract will facilitate the funding of $48,500.00 from Water Management District, which the City will match, for installation of an incremental reclaimed water distribution system in Groveview. On the recommendation of the City Manager Commissioner Eckstein moved to authorize execution of the St. John' s River Water Supply Cost Sharing Program contract. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3347. Commissioner Lyons moved on the first reading of Ordinance No. 3347, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 33 12, AND ITS AMENDMENTS, AND ADOPTING AN A1VIENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY, PROVIDING SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING June 499 9 1.997 C, Seconded by Commissioner Lessard and carried Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye by vote of the Commission as follows: Agreement with the U.S. Department of Treasury for a Federal Equitable Revenue Sharing Agreement Comm/ssioner Lessard moved to approve execution of the agreement. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Dedication of Easement to provide access to Sterling Woods. Mayor Dale declared a conflict of interest and reported he will be signing a cordlict of interest statement, and he passed the gavel to Commissioner Eckstein and abstained from the vote. On recommendation of the City Manager, Commissioner Lessard moved to approve the execution of the Dedication of Easement. Seconded by Commissioner Willjams and carried vote of the Commission as follows: Mayor-Commissioner Dale Abstained Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein returned the gavel to Mayor Dale. E. Request from Sanford Main Street to rent the Sanford Civic Center at the reduced rate for a Main Street fund raiser dinner/dance on June 14, 1997. The City Manager reported this is an alcoholic beverage event, and the regular rate would be $550.00, the reduced rate would be $270.00. Commissioner Eckstein moved to approve rental at the reduced rate. Seconded by Commissioner Willjams. Commissioner Lyons stated Main Street already receives funds from the City and the Civic Center is trying to support itself as far as maintenance goes, and he would vote against the reduced rate. Commissioner Lessard stated until the City sells its rentals he thinks Main Street is a good group, and if Commissioner Lyons is correct in stating that we already give this organ/zation money, why not try to help them for another couple hundred dollars for their first annual "Here' s To You Sanford" party. The motion carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Street closures and sale of alcoholic beverages in City Manager Simmons reported that a request had conjunction with a Special Event. previously been approved by the City Commission for a Special Event Application for Sanford Main Street, which involved street closures and sale of various refreshments including beer, for the Fourth of July Celebration. A request has been received from Sanford Main Street to start the street closures at 8:00 a.m. instead of 12:00 noon as was previously requested and approved. Also, a request has been received from Sanford Main Street for up to four concession stands, two along 1 st Street and two along Seminole FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA,TI' NAME--FIRST NAME--MIDDLE NAME Dale, Larry A. MAILIN( ADDRESS P. O. Box 1788 CITY San:ford FT_, 3.2772-1788 DATE ON WHICH VOTE OCCURRED June 9, 1997 COUNTY - Se~li~lO]e NAME OF BOARD, COUNCIL COMMISSION. AUTHORITY, OR COMMITTEE Ci'~y Commission I'HE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMItFEE ON WHICH I SERVE IS A UNIT OF: iXCl'rY [ ! COUNTY !:~ OTHER [.OCAL. AGENCY NAME OF POLITICAL SUBDIVISION: City. of Sanford, Florida MY POSITION IS: g ELECTIVE i ;J_ APPOINTIVE MAYOR WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or eomminee. 1! applies equally to members of advisory and non-advisory bodies who-are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which .you have a Conflict of 'interest will ~ary grea'tly'depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA. STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local. public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cbqin{y, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures tO his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom hc is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether znade by the officer or at his direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: :" * You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The fi3rm should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE' DECISION. EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minute of the meeting, who should incorporate the form in the minutes. i DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, I, Larry A. Dale , hereby disclose that on June 9 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or __ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: ,19 97 · by whom I am retained Measure: Consideration of a grant of easement for City-owned right-of-way to beused for access/entry to the Sterling Woods Subdivision. My interest: I am the developer for The Matzel Organization, owners of the' Sterling Woods Subdivision. June 10, 1997 Date Filed tHre NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIR~= DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN( IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION ] SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 500 EA05354 MINUTES City Commission, Sanford, Florida REGULAR MEETING 3une 9 19.97 Boulevard between Sanford Avenue and the area where the fireworks protective radius will go. If the City Commission approves beer at those four locations, City Manager Simmons recommends it be with the clear understanding that there be signs placed at the beer vendors indicating the Iimits of where the beer is allowed to be carried, i.e. not west of Sanford Avenue, not south of 1st Street, not east of San Juan Avenue, to basically keep it within the festival location. City Manager Simmons believes it is appropriate to try to make this event as much of a major attraction to bring new people to Sanford as possible. Mayor Dale questioned if all of the downtown merchants were aware of this and were in favor of it. Jennifer Singeisen of Main Street responded yes, the merchants were aware of it and pIanning sidewalk sales at the same time. Comrn/ssioner Willjams moved to extend the hours of the street closures and approve up to four vendor locations, with the conditions stated by City Manager Simmons. Commission as follows: Seconded by Commissioner Lessard and carried by vote of the Commissioner-Mayor Date Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Contract with Public Administration Service for a management review of the Police Department. Commissioner Lyons moved to authorize execution of the contract for a management review at a fixed fee of $53,830.00. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1754, expressing the appreciation of the City of Sanford for the efforts of our legislative delegation in the just recently concluded legislative session. Commissioner Lyons moved on the adoption of Resolution No. 1754, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORID& COMMENDING THE SEMINOLE COUNTY LEGISLATIVE DELEGATION FOR THEIR EffORTS AND SUPPORT IN SECURING STATE FUNDING FOR THE LAKE MONROE MIDGE CONTROL PROJECT. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard commended Mayor Dale for getting this funding from the state for this project. Mayor Dale requested that City Manager Simmons provide the newspaper a copy of the Resolution tomorrow. Emergen.cy, outside of City. water senrice to property at 333 Rose Drive. City Manager Simmons reported he authorized emergency water service to property at 333 Rose Drive outside of the City and that no Annexation Petition has been filed for this property. MINUTES City Commission, Sanford, Florida RFGUI,AR MFFTING 501 June 9 19 97 Commissioner Will/ms moved to confirm City Manager Simmons' action. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Hall second floor earpet replacement. City Manager Simmons asked if there was any further instruction from the City Commission other than for Staff to proceed with advertising for bids as indicated in the specifications which the Commission has reviewed. Commissioner Eckstein moved to proceed with advertising as indicated in the specifications. Seconded by Commissioner Will/ms and carried by vote of the Commission as follows: Commissioner-MayorDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Clerk's Report. No report. City Commissioners' reports. Commissioner Eckstein. A. B. Commended the Recreation Department on a successful Soap Box Derby. Requested that the Mayor and Commission consider recommending Bettye D. Smith for membership on the Board of Trustees of Seminole Community College to replace Rev. Amos Jones. Commissioner Williams. A. Commended the Recreation Department on a successrid Soap Box Derby. B. Commended and thanked the Commission for supporting the Community Policing efforts in District II. They have done an excellent job. 'ChiefDillard and his staff, and especially the community policing team, are also to be commended. We have gotten a lot of positive feedback. C. Thanked Mayor Dale and the Commission for supporting the efforts pertaining to Community Pride Day. Commissioner Willjams reported she has been working with Seminole Hope, which falls under SheriffEslinger, Ron Scott and his church, New Life Calvery, the Boys and Girls Club, and a citizen group in planning for the kick off on june 21, 1997. She also has been working very closely with Charles Rowe as relates to code enforcement in identifying two streets to focus on, 13th Street and Persimmon Avenue, along with the citizens. They will be calling and sending letters to all of the property owners that have land that is unkempt along 13th Street and Persimmon Avenue asking them, not citing them, if they would please cut the grass, and please call the City if they have junk cars, appliances, etc. in their yards. Also, they are working very closely with ChiefDiIIard in terms of writing tickets, etc., which they are already doing, and they are going to step it up during that particular week, because they want to try to send a message to all the people in the area, that they are very serious about cleaning that particular area up. They also will be identifying all the businesses which have existed on 502 E405354 MINUTES City Commission, Sanford, Florida RFGUI'AR MFETING June 13th Street for twenty years or more and recognize them and thank them for hanging in there despite the fact the whole area has deteriorated. Chief Deputy Harriet has talked with Commissioner Williams about the possibility of sending some of the Trustees out to help on that particular day also. Chief Deputy Harriet told Commissioner Williams, from a legal standpoint, they can only deal with the right- of-ways. Also, Rabbi Shaperio called Commissioner Williarns as a result of the article in the paper to offer the assistance of his congregation~ And a local club offered assistance. There are a lot of people getting involved and Commissioner Willjams extended an invitation to everyone in attendance as well as the Commission to help in any way they can. They are checking with McDonald's and local merchants to see if they can get rakes, gloves, etc. donated. Commissioner Willjams will also be contacting the Public Works Department to see if there is anything they can do to help out. D. Requested the Commission to invite a representative from the Downtown Merchant' s Association to talk with the Commission and give a status report of what is going on. City Manager reported he could arrange to have a representative come to the next meeting, but it probably would be best for the first meeting in July. Mayor-Commissioner Dale. Commended Commissioner Williarns on her eftotis in the community and stated that the Commission is behind her 100% with the citizens. Commissioner Lessard. A. Asked Charles Rowe if they have received back any of the title searches on the demolitions. Mr. Rowe reported they have received.all of the title searches back on those that the Commission approved for demolition during the April 14, 1997 Regular Meeting. Two of those, 615 Locust and 1718 West 8th Street, were clean and they forwarded information to Public Works to have those demolished. For the rest of them, letters have been sent to the people who have claims on the property, letting them know ofthe City' s intention to tear down the property and giving those persons thirty days to contact the City. Commissioner Lessard .requested the newspaper be there at the time of demolition on the first couple of demolitions. Mr. Rowe stated he would pass that information on to the Herald. B. Thanked ChiefDillard for coming out and meeting with a resident and a local landlord whose building has created some problems for a neighborhood in his district. He encouraged that anyone on the Commission who may have a similar problem in their district to call upon Chief Dillard for assistance because he was very well polished and it is now all on record. He extended his appreciation to Chief Dillard. C. Stated that he feels the Commission should look into the' newspaper and free advertising vending machines that are located on public sidewalks. He stated there has been at least one incident during a wind storm in which these machines flew into some cars and caused damage~ He questioned Atty. William Reisehmann if permission was needed to set them up. Atty. Reischmann responded that it is considered freedom of the press and we have no way of regulating those. At one time we tried to regulate them but the only Ordinance pertained to some Historic Districts. He said the City Attorney' s 19 97 FA05354 MINUTES City Commission, Sanford, 'Florida 503 RFGUI,AR NFFTING June 9 ~927 office would research this issue and get back to the Commission. D. Mentioned he would like to get with Mike Kirby, Recreation & Parks Director, regarding a basketball court between 13th Street and 14th Street, near the Velma Mitchell school, where the kids who play basketball there have littered everywhere. He was wondering if there was some way they could put up a sign or have someone from the City, he would volunteer to do it to back it up, to police the area. There are recepticles available that have been placed there by the City but the trash is laying everywhere and blowing into the neighboring yards every day. He feels those basketball courts should be a privilege, not a right, and if the kids do not start using the cans we need to take down the hoops, maybe just temporarily, so the kids will get the idea if they do use the cans they can still play basketball. Commissioner Lyons stated that the neighbors in this area had come to the previous Commission and requested that the hoops be taken down, and the Commission was going to send somebody ~'om the Parks and Recreation to spend some time out there. Mike Kirby reported that the City has sent somebody out there and the kids do real good as long as someone is there. He also reported there have been some courts in town where they have taken the hoops down permanently because of complaints from the neighbors. E. Congratulated Commissioner Eckstein on his son's recent drafting by the Boston Red Sox. It is a wonderful thing to accomplish that level of achievement. F. Reported that this month's edition of Orlando Magazine just named downtown Sanford, the Historic District, one of the nine top commun/ties in the greater Orlando area. It is very exciting to be placed in the same light as Maidand, downtown Orlando, College Park, Spring Lake, Winter Park, Bay Hill, Isleworth, and Windermere. If we can continue our commitment to saving these old houses, the condemnation procedures and the code enforcement, that is good company to be put in with. G.Announced the birth of his son, just under eight pounds, on Wednesday night and reported it is a miracle. Commissioner Lyons. A. Regarding the demolition process, asked Charles Rowe if there are new items added or do we only work those on the original list and start a new list. Mr. Rowe reported they are worked on as a group. B. Questioned why the Commissioners have to track down properties that are in violation of code enforcement. Why isn't the process working? How come we don't hire more people? How come it isn't a priority, not only enforcement of the law with the Police Chief, we need to be going hand in hand with code enforcement. He reported that It bothers him that we have only one code enforcement officer. The City Manager reported we could improve the City with more code enforcement officers, although it simply comes down to the allocation of resources to hire these additional people. There are open positions for code enforcement officers. Commissioner Lyons felt that we need to hustle and get this position filled, or do something else. Mayor Dale stated in the past, the code enforcement inspectors would go out and do their job and the Commission would want to be more compassionate and g/ve the people more time. Mayor Dale further felt it was part of each Commissioners' and the Mayor' s job to receive complaints and investigate them, and then turn them over to code enforcement. 5O4 E40~354 · MINUTES City Commission, Sanford, Florida REGULRR MEETING 3une 9 Commissioner Williams felt that one of the problems is that it is complaint driven. She feels people will have reservations about calling in about their neighbors, and as long as it is complaint driven we are not going to address it as we shotrid. She personally feels that even with the people that we do have, a more aggressive action plan could be implemented where they could go out and check certain areas. There are a lot of people who want to call but are reluctant to call. The Public Works and Code Enforcement Divisions could work together. Commissioner Lyons felt we need to come up with a tangible action plan. It is our job and we need to tell them what to do. Charles Rowe, Community Development Director, reported they are dealing with 3,000 to 4,000 complaints a year now, and if they push it up by going out and looking for more, we are going to have to either ignore those that we are receiving complaints on to follow up those that we have found, or hire more people. To do it this way we would need four code enforcement officers. They had the one open code enforcement position filled up until April with a contractual position. They did not redo the contract. They are having difficulty finding someone with the qualifications who will work for the rate offered. C. Asked if the Commission was in favor of sending a Resolution to Seminole County stating we are not in favor of having adult entertainment zoned specifically in ~he Sanford Midway area. Perhaps we could talk with the County Commissioners one on one, and start drafting a Resolution to support that. Attorney William Reischmann reported that tomorrow at 1:30 will be the first reading of an Ordinance which will amend the Land Development Code for Seminole County. For consideration are two exhibits to the Ordinance: Exhibit A provides for a legal description for one of the proposed zones and Exhibit B provides for a legal description of the other zone. One of them is on the east side of the Airport and the other one is for Midway Commerce Park off of CR 427. Commissioner Lyons questioned if those were the only two places in the whole county that they are Iooking at. Attorney Reischmann said yes, at this time. Commissioner Lyons stated that to him that is highly unacceptable. Mayor Dale stated he would fax a letter in the morning to the County Commission. Mayor-Commissioner Dale. A. Congratulated Commissioner Lessard and Mrs. Lessard on the birth of their son, Patrick Thor. B. Reported APT has asked to amend the Lease Agreement to move their site a little to the west. City Manager Simmons reported they originally wanted to move it a little to the west. and the south, which would have taken it closer to the botmdmy of the property, and the recommendation from the Staff is to move it to the west right up against the power tines, but not to move it any further south than it already is. Commissioner Eckstein moved to approve the amendment to the Lease. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Commissioner-Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye 19 97 E405354 MINUTES City Commission, Sanford,' Florida REGUkAR MEETING 3une 9 19 97 C. Reported the Commission received a copy of a letter to be sent to Harry Barley at MPO unless anyone has any objections to Jerry Myers being submitted as the Citizen' s Advisory Committee representative to replace Mr. Olson. There were no objections. D. Reported the Citizen' s Advisory Board has asked Mayor Dale to announce that their next meeting will be held Wednesday, June I 1, 1997 at 7:00 p.m. in the City Commission Conference Room. There being no further business, the meeting was adjoumed. Attest: