071497 ws/rm min. MINUTES
City Commission, Sanford,' Florida
533
WORK SFSST~N ,l~ly 14 ~997
The City Commission of the City of Sanford, Flor/da met in Work Session on Monday, July 14, I997, at 3:30
P.M. in the City Manager's Conference Room, City Hall, 300 North Park Avenue, Sanford, Florida.
Sailfest.
Present:
Mayor-Commissioner Larry A. Dale
Commissioner Velma H. Willjams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent:
Commissioner Whitey Eckstein
City Attomey William L. Colbert
The Mayor congratulated Commissioner Williams on the birth of her granddaughter.
The Mayor reported that the Sailfest will not be held in Sanford this year due to not having a good launching
facility for 750 boats. Even if the City had the money to build a beach it cotrid not have the facility ready by December.
Hopefully Sanford can get the Sailfest back in the near future.
The Mayor reported the American Heritage Rivers issue has been dropped by the EPA. The Mayor asked City
Manager Simmons to monitor the progress of this issue at the State Legislative level.
Sanford Main Street.
Carey FarreI1 of Sanford Main Street gave an overview of the progress being made in the downtown area and
what they are working towards for the future. He stated that Sanford has a great opportunity and potential to restore historic
downtown and create something that will benefit the citizens. He lamented that in the past Sanford has created an image that
they must now overcome, and the process is just beginning.
Mr. Fan'ell expressed four issues of concem of the downtown merchants. 1 ) Stormwater drainage - Mayor Dale
reported the Commission has completed a design of the new stormwater drainage and construction should begin within the
next fiscal year. 2) Lighting - Jay Marder, Director of PIanning and Development reported the City has a plan to upgrade
fixtures, four of which will be pIaced in Magnolia Square to see how they work. Hopefully more lights will be installed on
other streets soon after. 3) Police Protection - Mr. Fanell commended Claudia Weber for her job as the downtown police
officer. He felt she relates very well with all the merchants and brings an old-fashioned "neighborhood beat cop" presence
to the downtown area. His major concern was that often Ms. Weber is pulled away from the downtown area to perform duties
elsewhere in the City. Mayor Dale reported that the City is looking into bicycle patrols for the downtown area in the future.
4) Zoning - There is no real comprehensive development plan for the downtown area. Mayor Dale reported the City or leasing
agent cannot pick and choose who owns a business in the downtOwn if the zoning allows such a business. Mr. Farrell reported
Sanford Main Street would like to see a comprehensive plan in which any new business or event in the downtown area would
be reviewed to determine whether it fits the character being accomplished within that plan. Main Street might be the
organization to pull this together and work with the merchants and citizens to create such a plan and ensure that every dollar
put into downtown goes toward the accomplishment of that plan.
City Manager Simmons reported he would like for Jay Marder, Director of Planning and Development to look
into the possibility of a comprehensive plan for downtown and move forward with the idea. Mr. Marder felt this might be more
a zoning issue than a planning issue, and it might dovetail with the comprehensive zoning plan update.
534
E405354
I
MINUTES
City Commission, Sanford, Florida ~qORK SESSION
July
Mayor Dale thanked Mr. Fartell and Sanford Main Street for their concerns and their willingness to work with
the City to create a better downtown area and overall community.
Major Special Event at Fort Mellon Park in September.
City Manager Simmons reported that the City received a request from DreamVision for a special event to be
held September 18, 1997 through September 27, 1997 inclusive. The event "GREAT FALL EXPOSITION 97" wilI be held
from 5:00 P.M. to 11:00 P.M. weekdays and 10:00 A.M. to Midnight on Saturday and Sunday. Admission is free. This will
be a family event with a variety ofkiddy rides, thrill rides, attractions food, concessions, sponsor pavilions/tents, entertainment
on a main stage and themed sponsor areas. There will be no alcoholic beverages served.
The request included an application for street closure for Seminole Boulevard between Sanford Avenue and
San Juan. Sanford Main Street, Inc. will be sponsoring the event and will sign an initial (5) year agreement with DreamVision.
The City will need to supply restroom facilities, electrical drops, trash receptacles, clean-up, police/fire/first aid protection,
water outlets and barricades for street closures.
All Commissioners concurred this would be a great event for Sanford and has the potential of drawing tourists
into Sanford, boosting the economy, and increasing the positive image and visibility of the City.
Street lightinE.
City Manager Simmons reported he provided infonnation to the Commission regarding City owned and leased
street lights, and would like direction from the Commission as to which direction to go with this. Mayor Dale reported most
other municipalities have Municipal Street Taxing Units (MSTU' s) and thought Sanford should be aggressive in facilitating
this option.
City Manager Simmons agreed to provide Commissioner Willjams with a comparative inventory of lights in
the City in response to her concem of inadequate lighting in some areas. The City Manager also suggested exploring the
possibility ofasing different wattages in some areas.
The Commission concurred to immediately amend the Land Development Regulation to require new
development to set up street lighting districts, and to aggressively set up street lighting districts in developed areas. Further,
to only trim trees on right-of-way or that overhang fight-of-way if the abutting property owner requests it in writing.
Letter from City of Deltona.
Mayor Dale reported receiving a very complimentary letter from Jose Perez, Commissioner of District 5 in
Deltona, thanking the City of Sanford for the fireworks display on July Fottrth.
Request from Clarice Delano re: triplex Occupational License for 801 Magnolia Avenue.
Charles Rowe, Community Development Director reported he has tried to contact Clarice Delano several times
but to no avaiI. The police also tried to serve her but made no contact. Commissioner Lessard reported the City has gone as
far as they can go to try to give Ms. Delano an application to renew her license and received no cooperation from her.
City Manager Simmons reported the Commission found Ms. Delano in compliance at the last Commission
Meeting but she is still operating without a license, so now we have a new violation which has nothing to do with
grandfathering. [Commissioner Willjams left the meeting.]
Mayor Dale suggested the City cite her for operating a duplex without a License and wam her she cannot operate
as a triplex without an Occupational License. The issue will be brought forward at the Regular Meeting tonight.
14 19 97
~4053~4
535
MINUTES
City Commission, Sanford,'Florida WORK SESSION July 14 1997
Proposed Noise Ordinance.
City Manager Simmons reported that in large part this proposed noise Ordinance had been fashioned after the
noise ordinance of Orlando, Flor/da, and a little after ones in Daytona Beach and Austin, Texas. [Commissioner Williams
retumed to the meet/ng.] Commissioner Lessard questioned if the ord/nance provided for who will levy fines and City Manager
Simmons stated in general it is a code enforcement issue.
Liability Insurance for taxicabs.
City Manager Simmons reported our present insurance requ/rement is too low. The City now requires $25,000
injury to one person, $50,000 total for injuries to more than one person and $10,000 property coverage per ace/dent (25-50-10).
The City Manager recommended 50-100-50 or 100-300-50. Commissioners concurred the requirement should be raised to
100-300-50.
EMS Transport items.
City Manager Simmons reported the Commission will need to vote tonight on two Resolutions, [Mayor Dale
left the meeting] one for the City to operate an EMS Transport Service and one to set the fees for such service. The contract
for billing of these services will be considered in two weeks. The City Manager discussed br/e~y with the Commission and
Sandy Moore of the Finance Department how the revenues will be set up and the method of bookkeeping which will be used.
The possibilities discussed were an Enterprise Fund or a Special Revenue Fund. [Mayor Dale returned to the meeting.] Ms.
Moore reported that with a Special Revenue Fund the Commission could dictate what the money would ultimately be used
for. Mayor Dale recommended a separate account be set up in the General Fund.
Outlinine City Hall in liehts.
City Manager S/mmons presented pictures of a bu/ld/ng in Zephyr H/lls which had lights outlining the building.
The pictures indicated that the lights were not visible unless they were lit. The City Manager also had samples of different
sizes of lights that could be used. The cost of the smaller lights would be about $2,100, and the larger ones would be about
10% to 15% more than that (about $2,500). The Commission concurred to proceed with this project, using the larger lights,
after the County responds positively to the same treatment of the Court House.
Board appointments/reappointments.
City Manager Simmons reported there is one vacancy on the Cemetery Board. This vacancy was created by
way of an Ordinance recen~y passed by the Commission adding one person to the Cemetery Board. The Commission
concurred to direct a request to the Cemetery Board for recommendations and vote on a new member at a later meeting.
Amendment to Commission Minutes.
Commissioner Lessard requested that the Comm/ssion Meeting minutes of the June 23, 1997 Work Session be
amended to reflect the appointment of Commissioner Velma Willjams as the voting delegate to the Florida League of Cities'
Annual Conference. City Clerk agreed to amend the minutes, and the Commission concurred to approve the minutes with the
amendment.
City Manager's Report.
A. Selection of Auditor. City Manager Simmons reported he and Commissioner Eckstein and Kevin Smith, Chief
Accountant met with three applicants that responded to the City's RFP for an Auditor. All three were found
to be equally qualified but their prices varied significantly. Representatives from the low bidder, Greene and
536
E405354
I
C,
D,
F,
MINUTES
City Commission, Sanford, Florida WORK SESSION 3uly 1~
Dycas, spoke on their behalf. Kevin Smith, Chief Accountant reported all three firms are excellent and
changing firms should have no impact on their department. The Commission concurred to vote on ranking the
three applicants at the Regular Meeting tonight.
City Manager Simmons reported he had received a request from St. James House of Prayer for outside the City
water service. He recommended approval of this request.
City Manager Simmons reported that at the last Planning and Zoning Commission meeting they heard a request
from AMVETS for a Conditional Use to establish an alcoholic sales at the P.B.A. building. Planning and
Zoning Commission recommended approval of a one year Conditional Use. Normally approval of Conditional
Use nms with the land. The City Attorney researched this issue and he has concurred that .there is not a clear
basis for granting a short term Conditional Use that would stand up if challenged. Since the City is the owner
of the property, if we choose to do a one year Conditional Use and someone challenged it and we lost, we could
still effectuate termination of the Conditional Use at some point in time in the future with a deed restriction at
the time we sold the property. City Manager Simmons recommended to approve a one year Conditional Use
anticipating that the Planning and Zoning Comm/ssion will come back through in a year with a request to waive
the fee for re-application..
City Manager Simmons reported there is considerabie concem with Code Enforcement not being able to deliver
service to an owner for violations. He proposed if we start out with the premise that there is a pubIic purpose
to keep the property from deteriorating the neighborhood, Code Enforcement should be given authority by the
Commission to cut the grass, board up the property, etc.
Commissioner Lessard suggested Representative Mica be contacted regarding a house on Woodmere Boulevard
for which an owner cannot be located, and which has recently been put under the Veteran' s Administration,
and is in code violation. The Commission concurred and City Manager Simmons reported he would call
Representative Mica.
Mayor Dale reported he had the water tumed back on at Pine Shadow Apartments even though they had a
$17,000.00 water bill, because of a health hazard. Commissioner Lessard stated he believed this decision should
have been voted on publicly, and he felt the City was possibly incurring more liability by thus allowing the
tenants to remain Iiving with unsafe and unhealthy conditions. The Mayor explained that he had personally
observed the conditions and made the decision to extend the water service until the date of required evacuation
by the state. Commissioner Lyons reported that Florida Health and Rehabilitative Services had been contacted
in regards to the children living in these conditions. Charles Rowe, Director of Community Development
reported that Gary Winn, Building Official had cut off power to a third building within the Pine Shadows
complex because of unsafe conditions in the laundry area.
The Commission took a ten minute break.
City Manager Simmons reported he had received a Special Event Request from Don Mealy for an Auto Sale
Show at Seminole Town Center July 25 - 27, 1997. He recommended approval.
City Manager Simmons reported the bids have been received for the replacement of carpet on the 2nd floor of
the City Hall Building. Chris Smith, Support Services Coordinator presented samples and explained the bids
19 97
E405354
MINUTES
City Commission, Sanford,'Florida WORK SFSSTON ,]tn] y
537
14 ~9 97
to the Commission. This issue will be discussed further at the Regular Meeting tonight.
City Manager reported he had located a barge which could be used for the Midge Project, and also could be
utilized for the launching of fireworks when desired. If the City purchased a barge it would be underwritten
by a $100,000.00 grant. City Manager will invite Dr. Ati, who is doing research on the Midge Project, to the
next Work Session.
There being no further business, the meeting was adjoumed.
Attest:
~405~54
MINUTES
City Commission, Sanford, 'Florida
RFGULAR MEETING
523
July 1/I 1997
The City Commission of the City of Sanford, Flor/da met in Regular Meet/ng on Monday, July 14 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 Velma H. Williams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
City Attorney William L. Colbert
City Manger William A. Simmons
City Clerk Janet R. Dougherty
Absent: Commissioner Whitey Eckstein
Citizen Participation:
Stan Smith, owner of Tsunami Beach Club came forward and gave a copy of a letter to the Commission
regarding an event he is plann/ng on August 3, 1997 from 1:00 P.M. to 7:30 P.M. at 292I Orlando Drive. Th/s will be an
outdoor event with no alcohol. Mr. Smith was concerned about the new noise Ordinance which may be in effect by August
3, and how it will relate to h/s request for a special event. He was also concerned about the legal capacity at h/s club that was
being considered by the Fire Marshall.
Bever/y Pinkney of 1606 West 18th Street reported she had come before the Commission and asked them to
come to the Goldsboro area in the past, and as yet she has not seen any of them. She reported the area is a haven for crime.
Mayor Dale reported a block grant will go into effect during the next fiscal year for community police in that area. Ms.
Pinkney reported she has not experienced any support form the Mayor, the City Police or the Commission. Mayor Dale
reported he has been in the area and has ridden with the police in the area.
Claude Christian of 2515 Georg/a Avenue complained about cars speed/ng on Georg/a Avenue, and a lot of
people congregating on the street. Also, a lot of drug dealing is going on.
Commission meetine minutes.
Commissioner Lessard moved to approve the minutes of the City Commission Meetings of June 23, 1997 Work
Session and June 23, 1997 Regular Meeting, includ/ng the amendment discussed in tonight's Work Session. Commissioner
Willjams seconded the motion and it was carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Revocation of Apaament License and Washer/Dryer License for Pine Shadow Apartments at 1120 Florida Avenue.
Jan Dougherty, City Clerk reported the owner had been notified by fax with no response. Also, the licensee~s
agent had been notified.
Charles Rowe, Planning and Development Director, reported the Apartment License is an Occupational License.
Mayor Dab asked City Attomey Colbert if Pine Shadow Apartments does not have a State License how can
the City issue them a local license.
City Attomey Colbert responded their State License, as he understands it, had been revoked subject to a Chapter
120 hearing, which he d/dn't know if that had occurred yet, but they are under current suspension which will probably
ultimately resolve in a loss of that license, although he wasn't certain it was actually final yet. For purposes of this hearing,
he felt the City Commission could take into consideration the violations of safety codes, the violations of the Sanford City
524
E405354
MINUTES
City Commission, Sanford, Florida
RFGIII:AR MFFTTNR .lilly lh
Code, the pending action of the Department of Professional Regulation and the Health, Safety and Welfare issues which the
City Commission is aware of from prior meetings, which includes live electrical connections and other things. If the
Commission concludes that those violations have in fact occurred, and noting that notice was given to the property owner and
reasonable attempts were made to give the notice to the business licensee then the Commission, if it chooses to, under Chapter
16-7 of the City Code, can revoke the business licenses of the license holder.
Mayor Date announced the Commission would hear from those persons present to speak regarding this issue.
Larry Blair of 407 West 251h Street came forward and reported he was concerned how the Apartment Complex
had gotten into debt to the City for $17,000.00 for water before it was shut off. Commissioner Lyons agreed this was not
proper procedure and assured the public this was a learning experience for the City so in the future the proper steps can be
taken. He requested City Counsel be asked what the City could do in the future; perhaps the City should have a standard
operating procedure in place in the case some other case like this comes up again, especialIy in evacuating people out of the
situation.
City Attomey Colbert reported if the question is could the City Commission adopt some policy or procedure
for future events the answer is yes. If the question is could the City Attorney' s office or its Staff provide a recommendation
to the City Commission on how best to do .that I think they would both like a little time to work on it, but would be happy to
do so.
As a result of information previously submitted and noted by the City Attorney Commissioner Lessard moved
to revoke License No. 97 10240 and License No. 97 10241 held by Attwood Phillip, Inc. for Pine Shadow Apartments.
Seconded by Commissioner Lyons and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Proposed changes to the Zoning Ordinance/Land Development Regulations, Schedule A Land Use Classifications to
provide revised classifications for alcoholic beverage
establishments: and Schedule B, permitted uses. regarding alcoholic beverages; and adoption of Ordinance No. 3348.
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. 3348. No one appeared.
Commissioner Lessard moved on the second reading and adoption of Ordinance No. 3348, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117,
SCHEDULE A, LAND USE CLASSIFICATIONS, TO PROVIDE REVISED CLASSIFICATIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS; AND SCHEDULE B, PERMITTED USES, TO PROVIDE
REVISED PERMITTED USE PROVISIONS REGARDING ALCOHOLIC BEVERAGES; SAID ORDINANCE
BEING THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS,
EFFECTEVE DATE AND INCLUSION.
Seconded by Commissioner Williams and carded by vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Wiltiams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
19 97.
E405354
MINUTES
City Commission, Sanford,'Florida REGUL~AR MEETING 3uly
525
1/4 19 97
Resolution No. 1756.
Mayor Dale annotmced that the Commission would hear from those persons present to speak in favor of, or in
opposition to, the adoption of Resolution No. 1756. No one appeared.
Commissioner Lessard moved on the adoption of Resolution No. 1756, entitled:
A RESOLUTION OF THE CITY OF SANFORD FLORIDA, SETTING HE FEE SCHEDULE FOR
CERTIFICATES OF REGISTRATION FOR THOSE PLACES SELLING ALCOHOLIC LIQUORS, WINES
AND BEERS WITHIN ~ CITY; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lyons and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Request from Clarice Delano re: triplex Occupational License for 801 Magnolia Avenue.
Lisa Nason of 900 South Magnolia Avenue came forward and reported to the Commission that the property at
801 Magnolia Avenue, and its owner, is a mtisance. City Attorney, William L. Colbert reported this business no longer has
a license to operate so if the Commission chose to take action they could take into account that Ms. Delano had supplied the
Commission with copies of two leases, indicating she is still operating as a duplex.
Commissioner Williams moved to direct staff to issue the proper notice and to hold a hearing at the next
meeting to discontinue the Non-Conforming Use for this property. Seconded by Commissioner Lessard and earned by vote
of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Letter Agreement to modify an Interlocal Agreement between Seminole County and the City of Lake Mary relating to
Funding of I4/CR-46A Interchange, Assignment of Rights under 'Stipulation and AIrreement' and funding of Rinehart
Road with Consents dated February 28, 1994 and as modified December 15, 1994.
City Manager Simmons reported the Agreement Letter had previously been approved by the Commission and
now the Commission is being asked to approve an extension of that Agreement Letter.
Commissioner Lessard moved to approve the extension of the Agreement Letter. Seconded by Commissioner
Lyons and carried by vote of the Commission as follows:
- Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Annexation request from Ira Southward Trust for property lying between Oregon Avenue South and Paola Road and
between R/nehart Road and Kaywood Drive.
Commissioner Lessard moved to approve the annexation request. Seconded by Commissioner Williams and
carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lyons moved on the first reading of Ordinance No. 3349, entitled:
526
E405354
MINUTES
City Commission, Sanford, Florida REGULAR MEETING July
19 97
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE
AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT
CERTAIN PROPERTY LYING BETWEEN OREGON AVENIlE SOUTH AND PAOLA ROAD AND
BETWEEN RINEHART ROAD AND KAYWOOD DRIVE, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Requests for street closures in conjunction with Special Events.
B,
Commissioner Williams moved to approve a request from Victory Temple of God to close 6th Street
between Pine Avenue and Hickory Avenue from 5:00 to 8:00 p.m. on July 14, 1997 through July 17,
1997 to hold Reachout Week 97.
Commission as follows:
Mayor-Commissioner Dale
Commissioner Williams
Commissioner Lessard
Commissioner Lyons
Seconded by Commissioner Lessard and carried by vote of the
Aye
Aye
Aye
Aye
Commissioner Williams moved to approve request from Seminole H.O.P.E. and West Sanford Boys and
Girls Club to close Persimmon Avenue between 8th Street and McCracken Road from 1:00 p.m. to 6:00
p.m. on July 25, 1997 for a Family Fun Festival. Seconded by Commissioner Lessard and carried by
vote of the Commission as follows:
Mayor-Commissioner Date Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Conceptual approval of a major Special Event at Fort Mellon Park in September.
Commissioner Williams moved to conceptually approve request from Sanford Main Street for street closure
for the Great Fall Exposition '97 from September 18, 1997 to September 27, 1997. The request is for Seminole Boulevard to
be closed between Sanford Avenue and San-Juan from 5:00 p.m. on September 12, I997 through September 29, 1997.
Seconded by Commissioner Lyons.
Martha Wells of 500 Palmetto came forward and reported that if the Commission approves special events with
music in the downtown area, and she as a resident of that area does not complain about the noise, why can't the same hold tree
for the Tsunami Beach area, and what is so critical about the noise Ordinance being changed. Commissioner Lyons reported
the noise Ordinance is being changed because it is old and outdated and needed addressed.
The motion was carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Condemnation Status Report/Removals from Condemnation/Requests for time extensions/Request to delay demolition.
Mayor Dale requested documentation in writing of all extension requests of properties on the condemnation
MINUTES
City Commission, Sanford, I Flofida
REGULAR MEEGING
527
July 14 ~927
Commissioner Willjams reported a policy and procedures manual should be created for the Code Enforcement
Division.
The Condemnation Status Report was discussed case by case and Commissioner Lyons moved to table
Condemnation Nos. 96-2, 96-3 and 96-23 for written request Seconded by Commissioner Williams and carried by vote of the
Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Abstained
Commissioner Lyons Aye
Commissioner Lyons moved to authorize an extension until July 30, 1997 as recommended by the City Manager,
for Condemnation No. 96-9. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lyons moved to approve condemnation extensions and removals from condemnation as
recommended by the City Manager, as follows:
Condemnation No. 96-4
Condemnation No. 96-5
Condemnation No. 96-8
Condemnation No. 96-12
Condemnation No. 96-15
Condemnation No. 96-18
Condemnation No. 96-19
Condemnation No. 96-20
Condemnation No. 96-24
Condemnation No. 96-26
501 E. 4th Street
507 Oak Avenue
907 Willow Avenue
1605 W. 7th Street
1219 Lincoln Court
I716 W. 8th Street
613 E. 3rd Street
615 Locust Avenue
602 W. 27th Street
1200 Sanford Ave.
removed from condemnation.
removed from condemnation.
removed from condemnation.
extension to 7/30/97.
removed from condemnation.
removed from condemnation.
extension to 7/30/97.
removed from condemnation.
removed from condemnation.
removed from condemnation.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Emergency Medical Transport items.
A. Commissioner Lyons moved to adopt Resolution No. 1757, emitled:
A RESOLUTION OF THE
EMERGENCY MEDICAL
DEPARTMENT.
CITY OF SANFORD, FLORIDA, AUTHORIZING THE PROVISION OF
SERVICES PATIENT TRANSPORT BY THE CITY OF SANFORD FIRE
Seconded by Commissioner Will/ms and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Lessard moved to adopt Resolution No. 1758, emitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING FEES AND CHARGES FOR
THE PROVISION OF EMERGENCY MEDICAL SERVICE TRANSPORT BY THE CITY OF SANFORD,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
Seconded by Commissioner Lyons and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
]1 I
FORM 8B MEMORANDUM OF VOTING CONFLICT ;FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
COUNTY ·
SEMINOLE
LAST NAME--FIRST NAME--MIDDLE NAME
LESSARD, BRADY
MAILING ADDRESS
P.O. BOX 1788
CITY
SANFORD FL 32772-1788
DATE ON WHICH VOTE O('CURRED
JULY 14, 1997
NAME OF BOARD. COUNCIL COMMISSION, AUTHORITY. OR COMMITTEE
coMMzsszo q
l'HE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNrr OF:
.X.. crrv '. ! COUNTY ~ ] OTHER LOCAL, AGENCY
NAME OF POLITICAL SUBDIVISION:
CITY OF SANFORD, FLORIDA
MY POSITION IS:
Commissioner IX ELECTIVE ~_APPOINTIVE
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 Committee. It 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 greatly'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 1t2;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 cb~my, 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.
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
made by the officer or at his direction.
IF 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 (bctbrc 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 tl~e other members of the agency.
· The form 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.
DISCLOSURE OF LOCAL OFFICER'S INTEREST :
1, Brady Lessard , hereby disclose that on July 14
(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 request from Community Development Department
to place Condemnation Report No. 96-23 (308-310 E. 4th Street)
on hold and not demolish at this time.
Motion was made to table consideration of said request, pending
receipt of a written request from the owner.
Nature of my interest:
My wife, Lisa Lessard, is the owner of OSP,the
company that owns this property.
Date File~
Si aturZ~~~~~~
Si ature :-- .
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIRE
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 I
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
528
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING 3ulv 14 19 97
City Manager Simmons reported that the contract for billing services was not ready for authorization and should
be delayed for a~ least two weeks.
FY 97/98 BudSet.
A.
Mayor Dale reported the contract would be rescheduled.
Commissioner Lyons moved to acknowledge the current year rolled-back millage rate of 6.4811.
Seconded by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
B. Commissioner Willjams moved to adopt a proposed millage rate of 6.8759. Seconded by Commissioner
Lyons and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
C. Commissioner Williams moved to adopt a proposed Budget for 1997/98 as reviewed in the Work
Sessions of July 7, 1997 and July 8, 1998. Seconded by Commissioner Lessard and carried by vote of the Commission as
follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
D. Commissioner Lessard moved to set a tentative budget hearing on the "proposed" budget to be held at
7:00 P.M. on September 15, 1997 in the City Commission Room. Seconded by Commissioner Lyons and carded by vote of
the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Ordinance No. 3350. re: noise regulations.
Harry Tyler, Manager of the Tsunami Beach Club made a plea to the Commission to allow h/m to have an
outdoor event on August 3, 1997, and prove that he can have a responsible event for the citizens of Sanford several times a
Mayor Dale and City Attomey Colbert reported that there really was no reason that Tstmami Beach Club would
need to come before the Commission at this time if their written request was to be considered under Section D, Numbers 5
and 6 of the proposed Ordinance No. 3350.
Stun Smith, owner of the Tsunami Beach Club questioned how the decibets would be measured, and who would
be doing the meastuing. He felt the measurement would be difficult to determine with all the other noise and commotion going
on around the same area.
Commissioner Lyons explained that there are provisions in the Ordinance for ambient noise, and this is a
learning experience for the City.'
Martha Wells of 500 Palmetto Avenue reported she had a real problem with the noise Ordinance. She
questioned if this was for all zoning and if tbis was being addressed because of Pine Crest and Tsunami.
F.405354
MINUTES
City Commission, Sanford, 'Florida
529
REGULAR MEETING July 14 19--
97
citizens.
Mayor Dale reported that most communities have a noise Ordinance for the health, safety and welfare of their
Commissioner Lyons reported this was a quality of life issue.
Commissioner Lyons moved to approve on first reading Ordinance No. 3350, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING SECTION 18-18 OF CHAPTER
18 ARTICLE I, OF THE SANFORD CITY CODE, AND CREATING ARTICLE VII OF CHAPTER 18 OF
THE CITY CODE ENTITLED "NOISE REQUIREMENTS, REGULATIONS & MEASUREMENTS,"
PROVIDING GENERAL REQUIREMENTS REGARDING NOISE; NOISES TO WHICH THE STANDARDS
APPLY; PROHIBITED ACTS; EXEMPT NOISES; MECHANICAL LOUD SPEAKERS OR AMPLIFIERS;
METHOD OF NOISE MEASUREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
Seconded by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Special Event on August 3, 1997 at Tsunami Beach Club.
Harry Tyler spoke on the request for a special event on August 3, 1997 at Tsunami Beach Club. He explained
it will include live music, sports demonstrations, BMX bike riding, etc. and they expect approximately 5000 attendees. He
has spoken to the other merchants in his area and has agreements to use their parking areas and will have valet parking and
Stan Smith reported he does have some creative control over the content of the musicians
controlled parking for the event.
selections.
Commissioner Lessard moved to approve on a trial basis the request for a special event (Warp Tour) on August
3, 1997 from 1:00 p.m. to 7:30 p.m.. Seconded by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
Boards: appointments/reappointments.
The vacancy on the Cemetery Advisory Board was tabled pending recommendations from the Cemetery
Advisory Board.
Consent agenda.
City Manager reported a correction on the invoice from Muller, Mintz, Komreich Caldwell, Casey, Crosland
& Brammick, P.A.: change the mount from $241.50 to $270.90 which figure appears on page 2 of the two page statement.
Commissioner Lessard moved to approve payment of invoices and accept bids as follows.
Invoices from:
Stenstrom, Mclntosh, Colbert, Whigham 8: Simmons, P.A. in the amount of $9,625.00.
Muller, Mintz, Komreich Caldwell, Casey, Crosland & Branmick, P.A. in the amount of $270.90
Bids for:
Water Main Extension from H. C. Connell in the amount of $126,872.66.
Portable Core Drilling Machine from Concrete CuRing & Breaking, Inc. in the amount of $4,015.75.
Seconded by Commissioner Willjams and carded by vote of the Commission as follows:
530
MINUTES
City Commission, Sanford, Florida
REGULAR
MEETING
July
14
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Carpet Replacement - 2nd floor of City Hail.
City Manager Simmons reported that Bid #96/97-98 for carpet replacement needs a selection made on the
Mayor Dale reported that three bids were received on two different specifications of material. The bids range
from $67,550.00 for Shaw Industries carpet to $96,350.00 for Collins and Aikman carpet. Recommendation from staff is to
accept the $79,363.00 bid on the Collins and Aikman carpet from Horida Business Interiors in Lake Mary with a credit of $.653
on vinyI composition tile. Mayor Dale recommended the Commission agree with the recommendation of the Staff of the twenty
year warranted Collins and Aikman low bid and then have the color selected by Mr. Simmons and staff.
Commissioner Lessard moved to accept the bid recommended by staff from Florida Business Interiors on the
Base Bid #1 in the mount of $79,363.00. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Information re~arding invoices paid durin~ the period for previously approved lump sum
contracts.
The two (2) invoices in total amount of $136,887.09 from Masci Construction Inc. ($81,035.64) and Wharton-
Smith, Inc. ($55,851.45) have been paid per City Commission approval on October 8, 1990 and November 25, 1991.
City Attorney's report.
City Attorney Colbert reported Chapter 163, Section 410 states the County has authority as a Home Rule Charter
County to establish a CRA along the 17-92 corridor and does not have to have the consent of any City to do it. If it was done,
any tax increment, from any taxing entity .including the City of Sanford, could be pledged to repay that debt. He pointed out
that there is one small caveat in that the existing CRA areas, that is those areas that are already CRA's, the County as a Home
Rule Charter County delegated to the City the authority to create those CRA's and provided in the delegation of authority to
the City, that inclusion in further CRA's would only be optional with regard to the City, which means for the areas in the
existing CRA down by the waterfront, that could not be included by the County without the consent of the City, but that is all.
City Manager's report.
A. Discussed the ranking of audit firms and reported that there were three firms that responded to the RFP.
The Selection Committee decided not to recommend a direct ranking and would like direction from the Commission to work
up a contract with the finn the Commission feels would be the most advantageous to the City.
Commissioner Willjams reported even though it has been reported that all three firms are equally qualified, she
would like to support the local firm of Greene and Dycas and rank them number one. She ranked Deloite and Touche number
two and Coopers and Lybrand number three.
Commissioner Lessard ranked Greene and Dycas number one because they were the lowest in price and it is
a local firm. He ranked Coopers and Lybrand number two, and Deloite and Touche number three.
E405354
MINUTES
City Commission, Sanford, 'Florida
REGULAR MEETING July
531
14 1997
Commissioner Lyons ranked Greene and Dycas as number one, Deloite and Touche number two and Coopers
and Lybrand number three. Mayor Dale agreed with Commissioner Lyons on the ranking.
Commissioner Lyons moved to rank Greene and Dycas number one, Deloite and Touche number two and
Coopers and Lybrand number three. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
B. Reported a request for outside of City water service for St. James House of Prayer, Inc. for property
which fronts on Camron Avenue between State Road 46 East and Moores Station Road. He reported no utilities are available
and recommended approval of outside of City water service with the applicant to pay all costs associated with'the extension
of an 8" water line from the City line on State Road 46, and to record the petition and annex the property when it becomes
annexable.
Commissioner Lyons moved to approve the request as recommended. Seconded by Commissioner Willjams
and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
C. Requested action on a Conditional Use approval for the AMVETS use of the Police Benevolent
Association Building. Planning and Zoning Commission recommendation is for a one year Conditional Use and to waive the
fee for any future requests from AMVETS for renewals or extensions of this. There is a legal question as to the legal
significance of anything in the way of a time limitation on a Conditional Use since it would appear that legally a Conditional
Use runs with the land. In this particular case since the City of Sanford is the property owner it would be feasible to extinguish
the Conditional Use in the future by a Deed Covenant, should this become an issue. City Manager Simmons recommended
approval of the Conditional Use at that location where the City Commission previously approved a Lease to the AMVETS.
Comm/ssioner Willjams moved to approve the Conditional Use as recommended by City Manager Simmons.
Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
D. Presented a request from Don Mealy and.Seminole Towne Center for a Car Show Sale to be held on July
25, 26 and 27, 1997 at the Seminole Towne Center parking lot. This is recommended to allow car sales in shopping center
parking lots as a means of increasing business activity for both the shopping center and the dealer.
Commissioner Lessard moved to approve the request for a Car Show Sale to be held in the Seminole Towne
Center parking lot on July 25, July 26 and July 27, 1997. Seconded by Commissioner Williams and carded by vote of the
Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
E405354
532
MINUTES
City Commission, Sanford, Florida
REGULAR
MEETING
July 14 1997
City C!erk's report.
No report.
City Commissioners' reports.
No reports given.
There being no further business, the meeting was adjourned.
yOR
Attest: