072897 ws/rm min.542
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........ MINUTES
City Commission, Sanford, Florida
WORK SF,_SSION July 28
19
97
The City Commission of the City of Sanford, Florida metin Work Session on Monday, July 28, 1997, at 3:30
P.M. in the City Manager' s Conference Room, City Hail, 300 North Park Avenue, Sanford, Florida.
Present: Mayor-Commissioner Larry A. Dale
Commissioner Whitey Eckstein
Commissioner Velma H. Williams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
Main Street Status Report.
Jennifer Singeiscn gave a quarterly status report of the progress, goals and plans of Sanford Main SWeet. She
reported the 4th of July Celebration had been a huge success. Ms. Singeisen briefed the Commission on several promotional
activities and recognitions for the City of Sanford. Sanford Main Street is looking forward to the Fall Festival to be held
September 25 through October 5, 1997 (instead of September 19 through September 27, 1997 as previously planned).
Waterfront Master Plan Steerine Committee Fort Mellon Park recommendation.
Jay Marder reported the Waterfront Master Plan Steering Committee has been looking at various oppommitics
for revitalization of the waterfront and downtown. The Committee has been concentrating considerably on Ft. Mellon Park,
and a very general concept was outlined for the Commission of ihrce basic areas of the Park, the west side, east side, and
central area. He mentioned there are two existing ball parks within the park that could be relocated to other areas of the City,
and replaced by one non-regulation ball field and lighted sports courts. Also, "formal" community gardens adjacent to a
greenhouse and an informal garden with waterways is another concept. To accomplish these goals they need a significant
amount of land, so the existing ball fields would have to be relocated. The Committee is looking for some direction from the
Commission as to how to move forward in making Fort Mellon Park a first-class facility for multiple users.
Mayor Dale requested a joint session with the Commission and the Waterfront Master Plan Steering Committee
to achieve some direction.
Premier Hospitality & Management Group, Inc.
Rami Yosefain presented a letter to the Commission from William C. Longa in regards to PRA Development
and Management, Inc. and the Premier Hospitality & Management Group, Inc. They are interested in developing a hotel at
the Orlando Sanford A/rport, as well as at a waterfront location in downtown Sanford. The purpose of the letter was to try to
obtain a signature from Mayor Dale designating them as the "preferred developer" for hotel projects on city land and airport
land, for a period of one year. This would protect their investment in the developmental work they would do for the City and
the Airport Authority.
The Commission concurred they did not feel comfortable authorizing the Mayor to sign such a letter without
further clarification of terms and obligations. The matter will be discussed further at the Regular Meeting tonight.
Proposed annexation west of 1-4.
City Manager Simmons reported that Universal Outdoor, Inc. contacted the City stating they have several
billboards on the west side of 1-4, just to the south of State Route 46. None of these billboards meet the County' s present
criteria for standard billboards. Universal would like to convert to one structure. The Federal Highway Administration has
a rule that says that in unincorporated areas, there is a restriction on how close a billboard can be to an interstate on ramp or
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543
WORK SFSST[]N July 78 19.~7
off ramp. Universat's preferred location is too close to the on ramp to I-4. This particular rule is only applicable to
unincorporated, not incorporated, areas. If the City was willing to annex the property where Universal wants to place the
billboard, and the County was willing then the one new County standard billboard would replace the five billboards that exist
at the present time. City Manager Simmons recommended if the City is interested in this, before taking any steps on it, to make
sure that the County is interested in th/s. The Commission concurred to communicate with the County on this issue.
Costs to up~rade Coas~ine Park.
Howard Jeffties, Coordinator of Parks & Grounds Maintenance, gave a presentation on a proposed plan for
upgrading Coastline Park. This would include a large retention pond on the west side of the ParkL The rest of the area would
be tennis courts, basketball courts and playground equipment. Mike Kirby, Director of Recreation & Parks,
recommended having a top-notch basketball court at this location as it would not bother anyone with the noise, but it is
convenient for people to get to.
The total cost of the proposed upgrading would be $69,780.00. City Manager Simmons recommended that the
upgrades, including a picnic shelter, restroom, u_pgraded basketball court and upgraded playground area be completed before
the retention po/~d is put in.
Commissioner Eckstein reported he would like to see the baskethall courts lighted to be more useful during the
evening.
The Commission requested Mr. Kirby provide a revised cost estimate including lights.
Mr. Jeffries reported we could apply for a matching grant for this project of up to $120,000.00.
County Courthouse/City Hall.
Mayor Dale reported he would like to send a letter to the County asking them if they have any interest in
purchasing City Hall and what their future plans are for the Court House.
City Manager Simmons reported he had a conversation with Cindy Coto on the subject of lights for the two
buildings, and the County did award a contract for a programming study which should yield results in about six months.
Indications were a new Court House may be occupied in about five years. Alternatively, if a decision is made to build a new
City Hall it might be occupied in about five years, no sooner than that.
The Commission concurred that Mayor Dale find out the intention of the County.
Board appointments4reappointments.
The City Manager reported the Cemetery Advisory Committee will not meet until later this week so their
recommendation to the Commission for a new member would have to be continued unless someone on the Commission has
a person they would like to appoint.
The City Manager reported that the Commission had received a request to confirm the appointment of Cathy
Bossart to the Waterfi, ont Master Plan Steering Committee. She wilI be representing the Scenic Improvement Board.
CDIIG Grant for Community Policing.
Mayor Dale and Com/nissioner Willjams reported they met with the Seminole County Commissioners regarding
funding for Community Policing.
Charles Rowe reported he and Commissioner Willjams attended the County Commissioners' meeting at which
they voted to provide the $180,000.00 grant provided the Sheriff' s Office and the Sanford PoIice Department get together and
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WORK SESSION July 28
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97
draft an agreement in a way that the Sheriff s Office can participate in the Community Policing activities that are being
proposed forthe 13th Street area. The Sheriffs office proposes to build a sub-center, with up to foth-teen officers there. It was
proposed that a representative from the City Commission (probably Commissioner Willjams or Mayor Dale), Commissioner
McLain, Don Eslingcr or Deputy Chief Harriet (or both), Police Chief Joe Dillard and possibly Deputy Police Chief Dennis
Whitmire, Buddy Belagia, Charles Rowe and City Manager Simmons meet to talk about this agreement.
Golden Rule acquisition of property owned by United Negro College Fund.
Charle Rowe reported Golden Rule [tad requested County CDBG dollars in the amount of $52,000.00 to
purchase the Harris Building and property, on Third and Cypress Avenue. This request was denied. Golden Rule needs
$20,000.00 to close the purchase. Seminole County Commission will put in $10,000.00 if Golden Rule provides a business
plan on how they will come up with the additional money, and if the City of Sanford comes up with a match of $ 1 0,000. 00.
Commissioner Wilhams reported that Golden Rule offices must be located in the City and provide some kind of job training.
Mr. Rowe reported the $10,000.00 from the County is coming from their Community Services Grant which is in their General
Fund.
The Commission concurred to have Commissioner Lessard investigate the organization and the properties in
more detail and come back to the Commission with a financial overview of Golden Rule and a business plan.
Citizen's Advisory Board By-Laws.
City Manager Simmons reported the Commission needs to approve or'recommend amendments to the Citizen' s
Advisory Board By-Laws. City Manager Simmons pointed out three or four concerns he had with the by-laws, and the
Commission concurred. The by-laws will be sent back to the Citizen's Advisory Board with the Commission's
recommendations for amendments.
Request to demolish structure at 1212 ~ Mulberry Avenue.
City Manager Simmons reported he received a request from Mary Smith regarding property she owns at t212
½ Mulberry Avenue. She requests the house be demolished at no charge. The house has been burned and is uninhabitable.
City Manager Simmons recommended although the structure should be demolished the City should not do it for free.
EMS Billing Contract.
City Manager reported he had finished the research on the agreement for EMS Transport billing which is
piggyhacked on an Altamonte Springs RFP. He reported the agreement which was presented to the Commission at the July
14, I997 meeting is in appropriate form, and asked for approval of the agreement tonight so the City can get on with the billing.
Request for purchase of vehicle mounted video cameras.
City Manager Simmons reported in April of this year the Commission had authorized the Police Department
to apply for a $27,500.00 grant from the F.D.O.T. for the purpose of procuring five vehicle mounted video cameras for taping
action. The City has been notified that we have received the Grant. City Manager Simmons will be requesting at tonight' s
meeting authorization to purchase the five units from Custom Signals Incorporated for a total of $26,325.00. The method of
financing is that it will be reimbursable after purchase, and ChiefDillard recommends Law Enforcement Trust Fund Dollars
be used as an interim funding source.
HTE data processing contract,
City Manager Simmons reported that previously the Commission had authorized Staff to work toward a contract
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City Commission, Sanford, 'Florida
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WORK SESSION July 78 1997
with HTE to provide for data division management operation. Staff was not willing to bring back to the Commission what
HTE came up with. The City Manager recommended the decision be put on hold until a new Finance Director is in place and
in t_he meantime to fill the vacancy in Data Processing. The Commission had no objection.
National Guard to use City Bail.
City Manager Simmons reported that the National Guard has requested to use the City Hall prem/ses for training
on Saturday and Sunday, August 2 and 3, 1997. He recommended approval. The Commission concurred.
Report on Midge project.
Mayor Dale reported he would be traveling to Jacksonville with Dr. All, and two of Dr. All' s associates, to look
at some barges that are being offered at no charge from the U.S. Government. Mayor Dale reported that several other
organizations have taken an interest in this project and it looks like it will be quite successful.
Carpet selection.
City Manager Simmons reported Staff had completed the/r selection process and was ready to recommend the
color for the new car[~ for the second floor of the City Hall Building. Jerry Herman showed the sample and the Commission
concurred with Staff s choice.
City Manlgaer's briefing on oufieases.
City Manager Simmons reviewed several of the City's leases including:
Airport
Mayfair Golf Course
Golf Course Irrigation
Marina Motel/Fitzgerald's
Marina Area
One Harbor Place Building
Communication Tower
( at Derby Park )
Little Red School House
PBA Building
Site 10 Leases
607 ½ acres
270 acres
39 acres
Jaycee Park
Boys and Girls Club
Seaboard Coastline
Right-of-Way
County Utility Drop Box
Kiwanis Park
Chamber of Commerce Building
based to
Leased to
Leased to
Leased to
Leased to
Leased to
Leased to
Sanford Airp0it Authority '
Mayfair Golf Course
Mayfair Golf Course:
Venture 32
Monroe Harbor Incorporated
Harbor Place Partnership
American Portable Telecom (APT)
Leased to Tajiri Arts Incorporated
Leased to AMVETS # 17
Leased to
Leased to
Leased to
Leased to
Leased to
Leased to
Joe Baker Farms
LJG (George Wallace)
Aero Modelers
Sanford Jaycees (in default)
Boys and Girls Club
Glen McCall
Leased to
Leased to
Leased to
Seminole County
Sanford Gymnastics Association
Chamber of Commerce
City Manager Simmons discussed terms, consideration and maintenance responsibilities of the various leases.
Pine Shadows Apartments.
Commissioner Lyons reported he met last week with City Manager Simmons, Charles Rowe, Community
Development Director and Mr. Petrowsky from the State of Horida, trying to figure out what to do about the people still living
in the apartments at Pine Shadows. He questioned if the Commission could have City Attomey William Colbert to obtain an
order from a judge for evacuation. City Manager Simmons reported it was his understanding that Mr. Chitwood with Central
Florida H.A.N.D.S. has a contract to purchase Pine Shadows Apartments, and expects to close some time between the 1st and
the 15th of August.
Commissioner Eckstein reported he is in favor of spending the dollars to do some clean-up of the property. He
didn't feel the City should go through the evacuation process if the properly is in the process of changing hands.
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City Commission, Sanford, Florida
WORK SESSION July 28 19.97
City Manager Simmons reported that Mr. Chitwood had discussed a strategy whereby as soon as they can get
title they would select the building which can be most quickly restored to a livable condition and then allow the people that
are still there first choice of getting into that building. They would then begin a more progressive rehab on the remaining units.
Commissioner WilIiams expressed concern as to where those people would go if they were evacuated.
City Manager Simmons reported City Attorney Colben stated in a letter the only way he would consider an
evacuation would be to get authorization from the Commission to go before a judge for a heating to justify the City' s action,
and get a court order to allow the City to cause the evacuation. Furthermore, Attorney Colbert feels, based on previous court
cases he has handled, our liability for not taking action is very, very limited, far less than if we became proactive in terms of
going on the property or evacuating.
Request to cater Commission meetings.
Commissioner Lessard reported that Senate Willjams called him and expressed an interest in catering the
Commission meetings. Commissioner Lessard distributed menus to the Commissioners for review and requested Mr. Willjams
be contacted to cater the meals. He reported Mr. Willjams said he would beat the current price the City is paying, and beat
the quality as well.
There being no further business, the meeting was adjourned.
Attest:
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City Commission, Sanford, 'Florida
REGUEAR MEETING July
547
28 1997
The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, July 28, 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. Williams
Commissioner Brady Lessard
Commissioner Kerry D. Lyons
Assistant City Attorney William Reischmann
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
Payment of overtime pay for officer.
Mayor Dale called forward Commander Ronnie T. Nance of the Sanford Police Department. A/so Deputy Chief
Dennis Whirmire, Chief Joseph Dillard, Commander Douglas Bishop and Sargeant Darrell Brewer at separate times. Mayor
Dale and the Commission questioned each employee as to their professional relationship to Corporal Michael Ansley during
his tenure with the City as a canine officer and the t/me thereafter, specifically from April 2, 1996 to April 31, 1997. The line
of questioning was to determine what the policies of the department were in regards to the Garcia Rule, a federal law requiring
a canLqc officer to receive an hour a day offof work to care for his dog, or compensation for that hour. Also, the Commission
questioned who was responsible for seeing that the officer was, in fact, taking the hour a day or being compensated for it.
Questions centered around how time was recorded and who authorized payment of that time. It seems that in
the ease of Corporal Ansley, he did take the hour a day off until he was transferred to the Uniform Division of the Police
Department. He previously requested that h/s dog be retired and was told by his superiors they would get back to him.
Corporal Ansley continued to work his full shift without taking the time off, and his time card reflected that
he did work his full shift. His time card did not reflect any compensation for the hour hc did not take off. His direct superior
felt this issue was being handled by the Special Operations area of the Department and didn't think to question whether hc was
being compensated; Since he no longer was a canine office the Special Operations area no longer felt an obligation to see that
Corporal Ansley was taldng the time off or being compensated.
Corporal Ansley spoke in his own behalf, saying that he did not bring this request forward earlier because he
had requested that his dog be retired, and he felt that would happen any day. He tried taking the hour off but preferred not to
as that left his squad short of manpower. Chief Russell had told him the dog could be "put down" and as time went on, he felt
if he had broached the issue again the dog would actually be "put down" and hc wasn't willing to take that chance. When the
dog was retired, hc felt he had nothing to lose by requesting the past pay he was entitled to.
The Commission concurred that Corporal Ansley was entitled to the pay, but was very adamant that each person
involved needed to accept accountability for things getting out of hand, and for this situation evolving into a disconcerting
situation for the Police Department and the City. Mayor Dale stressed several times that individuals will be held accountable
to ensure this type of thing will not happen again. Commissioner Lessard reported he was ashamed of the way the Police
Department has broken down in interdepartment relationships and structure, and things better change very quickly.
Comm/ssioncr Williams agreed she too was sad and ashamed that the Police Department was not able to work
together with each other and the City Administration as she had been led to believe was happening all along.
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City Commission, Sanford, Florida REGUIjAR MEETING
July
Commissioner Lessard moved to pay Corporal Ansley the $8,797.37 he had requested in back pay, and to correct
the procedures for reporting time and other paperwork with the Police Department. Commissioner Williams seconded the
motion.
Commissioner Lyons moved to amend the motion to add that each personnel file should reflect a report of this
incident and what steps were takev~ Mayor Dale called three times for a second to this amendment and there was none. The
amendment died for lack of a second.
Commissioner Lessard's original motion was carried by vote of the Commission as follows:
Citizen participation.
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Nay
Sargeant Darrelt Prestey of the Sanford Police Department asked for clarification of an article that appeared
in the Sanford Herald regarding the County Sheriff s Department establishing a sub-station in the Goldsboro area to become
involved in community policing.
Mayor Dale explained that yes, the Sheriff s Department is planning to have a sub-station in the Goldsboro area,
but it is not strictly for commurdty policing. The community 'policing program is a joint effort of the Sanford Police
Depamnent and the Seminole County Sheriffs Department to decrease the crime, and the fear of crime, in the Goldsboro area.
The community policing will only be one of many functions of the Sheriffs officers in the Goldsboro area sub-station.
Sargeant Presley stated he just wanted the Police Department to be able to perform their duties in the Goldsboro area and be
recognized for their efforts, they have no problem working in conjunction with the Sheriff s Department, just as they have done
many times in the past.
Ron Reno reported he is the builder of the Tsunami Beach Club and voiced his concerns over the parking
availability and crowd control during the planned Warp Tour on August 3, 1997 at the Tsunami Beach Club. He felt that there
was not sufficient security planned and that there will not be enough available parking for the expected crowd. Mayor Dale
assured him that arrangements had been made for security for that day, including four off-duty Sanford Police officers, and
the City had been informed that parking arrangements were being handled by the Tsunami Beach Club staff Mr. Reno
reported he did not feel the City knew what they were up against.
Commission Meeting minutes,
Commissioner Lessard moved to approve the Commission Meeting minutes of July 7 and 8, 1997 Budget Work
Sessions, Jiffy 14, 1997 Work Session (with one correction on the vote regarding condemnations; the minutes showing
Commissioner Lyons abstaining and it was Commissioner Lessard who abstained), and the July 14, 1997 Regular Meeting.
Commissioner Witliams seconded the motion and it was carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Request for "Preferred Developer" aSreement.
Mr. Rami Yosefain spoke on a request from PRA Development and Management, Inc. and Premier Hospitality
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City Commission, Sanford, 'Florida
REGUbAR MEETING July
549
28 1997
& Management Group, Inc. to be considered as the "preferred developer" for hotel projects on city land and airport land. They
are in the stages of developing plans for a major hotel at the Orlando Sanford Airport and one along the waterfront in Sanford.
The Commission concurred that the City Attorney review case law and the City Charter and contact Mr. Longa
for clarification of terms and conditions and advise the Mayor, and the Mayor would then execute an appropriate letter. The
Commissioners felt it was something they would like to explore further, and they would like to provide a letter of
encouragement.
Public Hearing for condemnation of structures.
City Manager Simmons reported this public hearing is a formal procedure that is required of the City as a first
step toward demolit/on of dilapidated structures, unless the owner or others brings them up to code. Owners who proceed to
make reasonable progress toward correction of deficiencies can expect to be allowed time to make corrections, upon request.
City Manager Simmons reported that Mr. Willie M. Herring, owner of the structures in question, was notified July 7, 1997 and
an ad was published July 13 and July 20, 1997, regarding the condemnations.
Charles Rowe, Commun/ty Development Director reported that this request was for authorization to do title
searches on the properties in preparation for demolition.
Mayor Dale announced that the Commission would hear from those persons present to speak regarding this item.
Mr. Lamont Herring, manager of the land for William Herring, agreed that the buildings should be demolished. He reported
he is presently in the process of securing a loan to put more low income housing on this same property. He requested an
additional thirty days to demolish the buildings himself so they would not have to pay the City to demolish them.
Commissioner Eckstein moved on the City Manager' s recommendation to find structures in Reports #97-27
through 97-43 be found to be unsafe, dilapidated, unsanitary or uninhabitable, and to condemn said structures, and give the
owner thirty (30) days to repair or demolish. If property owner fails to effect such demolition and removal or repair within
said thirty (30) day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said
removal and disposal, including administrative costs, will be assessed as a lien against the properties and delay the title search
until two weeks from Monday. Seconded by Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Commissioner Willjams questioned Mr. Herring as to an outstanding water bill on these properties. Mr. Herring reported he
made payment arrangements with the Water Department.
Public hearing to consider second rea.ding and adoption of Ordinance No. 3349, re: Annexation of a portion of property
lying between OreS, on Avenue South and Paola Road and Between Rinehart Road and Kaywood Drive. Ad published
July I7 and July 24, 1997.
Mayor Dale announced that the Comm/ssion would hear from those persons present to speak in favor of, or in
opposition to, the adoption of Ordinance No. 3349.
Bill Burkett of Burkett Engineering in Orlando spoke on behalf of a developer whose intention is to annex the
property into the City of Sanford, and who will eventually rezone the property to PD. The ultimate desire is to develop the land
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City Commission, Sanford, Florida REGUL AR MEETING
July
into multi-family parcels (about 840 or 850 units). These would be Class A apartments and would include about 1,000
children. This would be done in at least two, and maybe four phases.
Commissioner Eckstein moved on the second reading and adoption of Ordinance No. 3349, entitled:
AN ORDINANCE OF THE C1TY OF SANFORD, FLORID& TO ANNEX WITHIN THE
CORPORATE AREA OF THE CITY OF SANFORD, tIPON ADOPTION OF SAID ORDINANCE, A
PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN OREGON AVENUE 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 Williams 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
Public hearinl~ to consider second readinl~ and adoption of Ordinance No. 3350. re: noise regulations. Ad published July
17, 1997.
Mayor Dale announced that the Cormnission would hear from those persons present to speak in favor of, or in
opposition to, the adoption of Ordinance No. 3350. No one appeared.
Commissioner Lessard moved on second reading and adoption of 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 Lyons and carried by vote of the Commission as follows:
801 Maenolia Avenue:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
A. DisContinuation of Non-Conforming Use. City Manager Simmons reported the Commissioners had been
given copy of a memoranda for a request from Gary Winn via Charles Rowe for a public hearing to determine Non-
Conforming Use at 801 Magnolia Avenue. City Manger Simmons read the memorandum from Gray Winn dated July 18, 1997.
This memorandum stated that it had been six months since Clarice Delano, owner of the property at 801 Magnolia Avenue,
had her license revoked by vote of the City Commission, and the Commission had not received an application from Ms. Delano
requesting to have her license reinstated. Attached to this memorandum was an Application for Determining Discontinued
Nonconforming Uses signed by Gary Winn.
Commissioner Lyons reported even though the Commission had not received an application from Ms. Delano
requesting to have her license reinstated as of the July 18, 1997 memorandum, she had expressed a verbal request at the June
23, I997 meeting.
City Manager Simmons recommended discontinuing the non-conforming use on the basis that it ceased to exist
for a period in excess of six months, since the occupational license was revoked more than six months ago.
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City Commission, Sanford, 'Florida
REGULAR MEETING July
551
28
Assistant City Attorney Reischmann reported thin the date of license revocation is one factor that can be
considered; others include if and when the people physically moved out and water and electric usage. He asked if anyone
knew when the tenants had in fact moved out. There was no evidence to show they had moved out.
Commissioner Lessard stated, for the record, he feels that this issue should be tabled so the Commission could
feel the wrath of the residents in this area.
Through extensive discuss/on it was concluded that Ms. Delano had complied to the best of her ability with the
City' s three directives namely: 1 ) contact the City of Sanford' s Fire Marshall, Mike McGibeny, and receive written approval
to operate the 3 unit apartment building; 2) contact the State of Florida Hotel and Restaurant Inspector who or/ginally closed
her down and receive written approval to operate a 3 unit apartment building; and 3 ) have zoning sign off on the city
occupational license application.
Commissioner Lessard moved to discontinue the non-conforming use for 801 Magnolia Avenue. Mayor Dale
called for a second three times. The motion died for lack of a second. No action was taken on the discontinuation of non-
conforming use for 801 Magnolia Avenue.
B. Request for reinstatement of Occupational License. Commissioner Eckstein moved to reinstate the
Occupational License for a triplex at 801 Magnolia Avenue. Seconded by Commissioner Willjams.
In response to Commissioner Williams' question Mr. Rowe reported as of the last inspection done by the Fire
Department, everything seems to be at minimum code. There has not been another inspection since June 23, 1997 and there
is no evidence that anything has changed since that inspect/on. The cede enforcement division will not be able to make another
inspect/on on the interior unless invited. The outside appears to meet minimum code, although the grass is a little long.
Mayor Dale called for the vote. The motion was carried upon roll call vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Nay
Commissioner Lyons Aye
Request to board up vacant property at 305 Plum Tree Court.
On recommendation of the City Manager Commissioner Eckstein moved to board up the Fopera/as requested
by the Building Official, who has been unable to notify the owner because the property is in foreclosure. Seconded by
Commissioner Lyons and carried by vote of the Commission as follows:
· Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Consideration. of condemnation Nos. 96-2. 96-3, 96-13 and 96-23.
Charles Rowe, Community DeveIopment Director, reported that these were structures listed on the
Condemnation Status Report at the July 14, 1997 meeting, and the Commission had requested written requests from the various
owners asking for additional time. Mr. Rowe reported he has received the minutes from the Historic Preservation Board where
they have requested six months to see if the building at 802 - 804 Sanford Avenue sells. This was Report No. 96-9 which the
Commission voted to extend the time to July 31, 1997 at their July 14, 1997 meeting. He reported he went by the structure
today and there were several people work/ng on it, although there was not a for sale sign and the owner was not there to speak
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REGULAR MEETING July 28 19 97
to. No inspections have been called for yet.
Commissioner Lessard reported the building is dangerous and a magnet for all sons of crimes. His
recommendation would be to demolish the structure. Chief Dillard reported that 35% percent of the police calls they receive
each week is in the vicinity of this building.
Commissioner Lessard moved to deny the request for a six month extension. Seconded by Commissioner Lyons
and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mr. Rowe reported on Report No. 96-2 located at 107 East 7th Street owned by Ms. Danielle Trent. Ms. Trent
has been before the Commission in the past and explained her situation. She is now requesting an additional six months. Mr.
Rowe recommends granting the extension based on the fact that the building is now in pretty decent shape and seems to be
salvageable, and because of the problems with Christian Help and the grant funding associated with that. Commissioner
Lessard also recommended to give the extension.
Commissioner Lessard moved to authorize a six month extension to Ms. Danielle Trent for the property located
at 107 East 7th Street. Seconded by Commissioner Lyons and canied by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mr. Rowe reported the owner of 2542 Sanford Avenue, Report No. 96-3, has requested an additional sixty days.
There has been a lot of progress and they plan to have to have repairs completed in sixty days. Mr. Rowe recommended the
sixty day extension. Commissioner Lyons moved to authorize a sixty day extension. Seconded by Commissioner Lessard and
carried by vote of the Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mr. Rowe reported that Report No. 96-13 was left out of the matrix that was voted on at the July 14, 1997
meeting and requested authorization to demolish. Commissioner Lyons moved to demolish after fide search. Seconded by
Commissioner Lessard and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mr. Rowe reported that on Report No. 96-23 he had received a letter from Lisa Lessard president of OSP, Inc.
regarding the property located at 308 and 310 East 4th Street. Renovations will be completed August 31, 1997. Mr. Rowe
recommended an extension to August 31, 1997. Commissioner Williams moved to attthorize an extension to August 31, 1997.
Seconded by Commissioner Eckstein and carried by vote of the Commission as follows:
MINUTES
City Commission, Sanford, 'Florida
REGULAR
MEETING
553
July ?8 1~_7
.g
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Abstained
Commissioner Lyons Aye
First ratdine of Ordinance No. 3351, re: increasing the amount of insurance coverage required for taxicabs operating
in the City of Sanford.
Commissioner Lyons moved on the first reading of Ordinance No. 3351 entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 274 OF
CHAPTER 27 OF THE CITY CODE OF THE CITY OF SANFORD, FLORIDA TO INCREASE THE
AMOUNT OF INSURANCE COVERAGE REQUIRED FOR TAXICABS OPERATING IN THE CITY
OF SANFORD; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Seconded by Commissioner Williams and canied by vote ofthe Commission as follows:
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Resolution No. 1759. re: entering into an Urban and Community Forest Grant Memorandum of Agreement.
Commissioner Williams moved on adoption of Resolution No. 1759 entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, TO ENTER INTO AN URBAN AND
COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE SAE OF
FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DMSION OF
FORESTRY; PROVIDING AN 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
Boards.
A. Cemetery Advisory Committee.
The Commission concurred to table the appointment of one new member to the Cemetery Advisory Committee
until the Cemetery Advisory Committee has their next meeting and makes a recommendation to the
Commission.
B. Waterfront Master Plan Steering Committee.
Commissioner Williams moved to confirm appoimment of Cathy Bosserr to the Waterfront Master Plan
Steering Committee representing the Scenic Improvement Board. 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
Recommendations from Planning and Zonin8 Commission Meeting of July 3. 1997.
Approved request for a Conditional Use for AMVETS Post # 17 to establish alcoholic beverage
sales for consumption on premises of beer, wine and liquor for property located at 901 W.
Seminole Blvd. in a GC-2 General Commercial Zoning District subject to a sunset provision of
1 year with the recommendation that the fee for re-application for Conditional Use approval be
waived. NO ACTION NEEDED.
554
E405354
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING July 28 19 97
Item #2
Item #3
The Commission noted this item was previously handled and took no further action.
Denied request for Conditional Use to establish alcoholic beverage sales for consumption on
premises of beer and wine for property located at 1410 W. 13th Street in a GC-2, General
Commercial Zoning District owned by Barbara Martin Pope. NO ACTION NEEDED.
The Commission took no action.
Approved revisions to the Final Plat for Dreamwold 3rd Section, a replat of the North 245.28
feet of Block 7, Dreamwold 3rd Section correcting the original plat approved in October I996.
City Manager Simmons recommended approvaI.
Commissioner Eckstein moved to approve revisions to the Final Plat for Dreamwold 3rd
Section. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Pine Shadows Apartments.
Mr. Chitwood reported that they have a contract subject to their Board of Directors' approval and the final
arrangements for the financing to purchase Pine Shadows Apartments. Their contract was subject to the buildings being empty
at the time they took rifle. The City, the Bank nor they have the authority to move anyone from the buildings, the owner is the
only one who has the authority to do that. Mr. Chitwood did receive a Power of Attorney via fax from the owner that gave
them the power to act as his attomey to remove people from the buildings. They plan to give the people seven days notice to
vacate, and would probably have the notices posted on each of the doors on Wednesday, July 30, 1997.
Mr, Chitwood reported that Phase I of their project at Lake Jenny is 100% occupied and Phase II is under
construction to be completed as soon as possible. They would like to add Pine Shadows to make that kind of a village concept
since they are all right next to each other. He can not guarantee that they will finatize the closing but that is certainly their
intent, to proceed to that point as quickly as possible.
LAP Certification request.
Commissioner Eckstein moved to authorize approval of the LAP Certification request. Seconded by
Commissioner Williams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
LIi~EAP Agreement modification.
Commissioner Eckstein moved to authorize execution of the LIHEAP Agreement to provide an increase of
$40,455 for LIHEAP activities. The new modified contract totals $181,533.
carded by vote of the Commission as follows:
Mayor-Commissioner DaIe Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Seconded by Commissioner Williams and
E405354
MINUTES
City Commission, Sanford, 'Florida
555
REGULAR MEETING July 28 1997
Consent aeenda.
A.
Bid #IFB96 97-87 PC Workstations (Police Department) to be used by the Administrative and Uniform
Divisions. The City Manager recommended acceptance of lowest bid meeting specifications, from
Adrian J. Laurencelle, Inc. of Sanford, Florida in the amount of $2,922.00.
Request for payment of statement from Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Brammick, P.A. in the amount of $954.50 for professional services from 06/06/97 through 06/30/97.
C. Approval of Vouchers for the month of June, 1997.
Commissioner Eckstein moved to approve items A through C of the consent agenda.
Commissioner Lessard and carried by vote of the Commission as follows.
Mayor-CommissionerDale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Information reearding invoices paid during the period for previously approved lump sum contracts.
Seconded by
$3,392.13, $17,892.04, $4,901.42, $3,834.19, $948.19, $3,460.30, $8,442.09) Wharton-Smith, Inc. ($34,098.87)and Prime
Construction Group, Inc. ($107,024.47) have been paid per City Commission approval on October 8, 1990 and November 25,
1991.
City Attorney's report.
No report.
City Manaeer's report.
A. City Manager Simmons recommended denial of a request from Mary Smith that the City demolish 1212
Mulberry Avenue at the City's cost and the Commission concurred.
B. Commissioner Williams moved to approve the color presented at tonight's Work Session as the final
decision on the color selection for the carpet to be installed on the second floor of City Hall. Seconded
by Commissioner Eckstein and carded by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
C. City Manager Simmons reported the Electronic Claims Submission Service Agreement for the EMS
Wansport, based on the Altamonte Springs RFP, is ready for execution as discussed in tonight' s Work
Session and the contract is the same form the Commission received in the agenda packet for the July
14, 1997 meeting. Commissioner Lyons moved to authorize executiz~n of the Agreement. Seconded
by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
& Associates Inc. ($1,525.47, $783.90, $ 1,203.75), Conklin, Porter and Holmes Engineers, Inc. ($3,538.32, $4,159.97, $864.15,
The ten invoices in total amount of $197,573.91 from Universal Engineering Sciences ($1,504.65), Ardaman
556
E405354
I
MINUTES
City Commission, Sanford, Florida REGULLAR MEETING
July
City Clerkis report.
No report.
The Commission concurred to proceed with purchase of five eye witness patrol car surveillance systems
to be funded by grant dollars.
City Commissioners' reports.
Commissioner Eckstein - No report.
Commissioner Wiltjams - No report.
Commissioner Lessard - No report.
Commissioner Lyons moved to provide minimal trash pick-up and mowing of the perimeter of Pine Shadows
Seconded by Commissioner Eckstein and carried by vote of the Commission as
as the City Manager deems appropriate.
follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Nay
Commissioner Lyons Aye
Commissioner Lyons moved that Jay Marder, the Waterfront Master Plan Steering Committee and Jerry Mills
check into the cost of plans and associated costs of a permit from the St John' s River Water Management District to build
a pier, and report back to the Commission. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner Lyons Aye
Mayor Dale reported he has established a meeting of potentially responsible parties in the chain of title
regarding the Coal Gasi~cation Plant, on August 11, 1997 to discuss what the Commission may want to do in regards to public
safety and the Commission concurred.
Commissioner Williams commended Charles Rowe, Dan Flofian and Gary Winn on responding quickly to
several calls from citizens in the Country Club and Goldsboro area regarding code violations. She also requested everyone
keep Gary Winn in their prayers. City Manager Simmons reported Mr. Wirm was climbing a ladder to do an inspection on a
house under consm~etion and as he reached the top of the ladder it collapsed and he fell very hard on his left leg doing serious
damage to the knee joint and to the bone below the knee. Mayor Dale reported that Gary's operation was very successful and
he was coming home today, but he will not be back to work for a while.
There being no further business, the meeting was adjourned.
28
19.97
Attest: