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091597 ws/rm min.596 E4053S4 MINUTES City Commission, Sanford, Florida WORK SESSION Septembe 15 19 97 The City Commission of the City of Sanford; Florida met in Work Session on Monday, September 15, 1997, at 3:30 o' clock P.M. in the City Manager' s Conference Room, Sanford City Hall, 300 Noah 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 k Colben The Chairman called the meeting to order. Sanf0rd Main Stre~t:s and Sanford Historic Trust, !nc.'s request for free .use of the Cultural Arts Center. City Manager Simmons reported Sanford Main Street has requested free use of the Cultural Arts Center for a walking tour headquarters and dinner for the Florida Trust for Historic Preservation' s t 997 Fail Insiders tour on October 3 & 4, 1997. Sanford has been selected to host this event. Commissioner Lyons reported the City has to maintain the City buildings and the fees charged are used to maintain these buildings, so he would rather not waive the fees. City Manager Simmons reported the custodian who would be present at this event would not be working overtime, but during his regular work schedule. Also, Sanford Main Street is receiving other funding from the City. Jean Melts. representing Seminole Volunteer Enterprises, request for waiver of build, ing permit fees. City Manager Simmons reported these are not out-of-pocket costs to the City associated with their renovation of an old school building which they are acquiring the use of, at 407 West 4th Street. Seminole Volunteer Enterprises is being relocated out of their facility at the Zayre's Plaza where they have been paying a reduced rent to the Expressway Authority, because the Zayre P] .a_7_a is being transferred to the FDOT for commencement of the expressway construction. City Manager Simmons reported the dollar value involved in this is not great and he recommends favorable consideration be given to this because of the not-for-profit status and the work that this group has done in the community. Ms. Jean Metts came forward and reported that as of November 30, I997 their lease is up, and the Zayre Plaza will he tom down. The Expressway Authority was letting them rent two units for the price of one, $250.00 per month. They also receive a Community Service Grant from Seminole County. More than half the people who receive food from this group live in the City of Sanfore[ They have been given the OK from Seminole County for a CDBG grant of alittle over $172,000.00. Commissioner Willjams reported the Commission should extend the courtesy of support to this group. Historie Preservation Board goals and current projects. Commissioner Lessard reported that the Historic Preservation Board will present a report of their goals and current projects at some future date. Comprehensive P!lln amendmen!f steps and pr0eedures. Jay Marder, Director of PIarming and Development, presented an overview of a slide presentation, which he will present at tonight' s regular meeting, explaining the land development process and the annexation process that the City will follow regarding the Southward Trust land use designation change. This was accompanied by a hard copy of the presentation which was distributed to the Commission. Mr. Marder reported he also plans on presenting an illustration showing the Seminole County Future Land Use Plan for this site. E405354 MINUTES 5 9 7 City Commission, Sanford,'Florida WORK SESSION September 15 19 97 Commissioner Lyons distributed copies of the complete City/County Joint Planning Agreement for purposes of discussion of the Southward Trust land use designation change. Report from George l/ubler reeardintr Police Department study. Mr. George Hubler of PAS presented the final analysis of the study done by PAS of the Police Department First he emphasized that what they tried to do in the study was to carry out the purpose that was detenn/ned by the City Commission, which was indicated in the Request for Proposal. In this request it was indicated that there were numerous requests and concerns regarding operations, serv/ce and effectiveness of the Police Department, and that the study was warranted. Based on this indication, and the considerable scope of the services of the Police Department, PAS tried to determine what the real problems are and recommend solutions to these problems. /vtr. Hubler went through each chapter of the Executive Summary and elaborated on key areas to clear up any misconceptions that may exist According to/Vlr. Hubler, Chapter 1 sets the scene by indicating that Sanford is not an easy place to be a police officer in, but it is an interesting place to work. As far as the growth of Sanford is concerned it has been modest since 1990, but has accelerated somewhat in recent years. The overall resources devoted to the Police Department in recent times, at present some $5.5 million not including the money in contingency reserves for public safety, have been reasonable. The number of officers per capita is reasonable and is in keeping v6th national standards. The only thing unusual is that Sanford does not follow a traditional Cornmission/Manager form of government, where the Chief of Police and Fire Chief report to a City Manager, who in turn reports to the City Commission. This does not indicate that the problems in the Sanford Police Department tie solely at the doorstep of the City Comm/ssion. Chapter 2 deals with the overall organization of the Police Department. At the present time PAS believes the organization of the Sanford Police Department is flawed, not meeting organizational tests in that like functions are not grouped, which makes it difficult to have accountability. It does not flow from the goals and objectives of the overall organization and the spans of control are not reasonable. There are too many specialized units. In the Urdform function there is no one, short of the Chief, directly in charge of the overall patrol operations. There are four patrol squads, each with an individual commander, and in some ways operating like four different patrol divisions, so there is nothing to pull them together. As far as the Chief and Deputy Chief are concerned, on paper it looks like the Chief is simply responsible for outer relationships and supervising the Deputy Chief of Police, and obviously that is not the case, and should not be the case, of any organization. There is really no need for a Deputy Chief in a department of this size. The overall rank structure is somewhat ovc~iown; a squad does not need a commander, a corporal and a sergeant. Too many specialized units makes it vet>, difficult to allocate resources properly. Of the sixty-one police officers in Sanford, only twenty-eight were available for patrol duty. PAS recommends the Investigations Division be reorganized into a traditional crimes against persons, property and general assignments type of approach. PAS has recommended three or four options to solve the various problems they believe exist. Option A: Internal adjustments, grouping like functions, pulling together overall patrol operations, and eliminating the Deputy Chief and having an Operations Captain under which one lieutenant is in charge of the overall patrol operations, with four squads that are rtm by sergeants. There would be a special operations lieutenant who coordinates the QU.A.D., the canine, the school 598 E405354 MINUTES City Commission, Sanford, Florida WORK SESSION September 15 19 97 resource, the D.A.R.E, the special events, the airport police, and the details of other types of activities, thus pulling these activities closer to the patrol type function. There would also be a professional standards unit which would'be responsible for developing policies and procedures, be responsible for internal affairs, and be in charge of accreditation when Sanford gets to that point. There would be an Administration Services which could be run by either a lieutenant or a civilian (civilianization of this function is recommend) and a personnel and training position for a sergeant, who would have that sole function. This organizational scheme brings together planning, crime analysis and information systems and recasts the people in the information systems area to those knowledgeable about relational data bases, networks and client server type computing. One of the largest problems right now in the department is the poor use and poor development of information technology and information systems. This option brings together the overall vice and drug function by staffing the City/County Investigations Bureau and getting the City out of that function, reducing the number of specialized units. This organizational scheme would allow for lateral entry at all ranks and grades throughout the overall department, and provides a structure in which Sanford could move towards community oriented policing. This option could take up to three years to turn the department around. Option B: Purchasing certain specialized services from the Sheriff, such as communications, dispatch, crime analysis work, information systems support, recruiting, training, and canine services. At the same time the City would retain and maintain a vigorous patrol force that would also carry out preliminary investigations, emphasizing the neighborhood oriented or community oriented aspect of the overall police business. This option could speed up the improvements in the department. In this option the City would be contracting for specialized services from the Sheriff as illustrated in the Executive Summary. Communications and overall dispatch functions would he contracted from the Sheriff, as well as canine. Also, consideration should be given to contracting from the Sheriff various types of specialized investigations and airport policing. Option C: This is the most drastic of all options. This option provides for the. City to contract with the Sheriff for total law enforcement services. The overall disadvantage of this option is the seriousness of giving up a police department. In order for Option A or Option B to work, the employees in the police delyartment are going to have to get it' together before they would stand a chance of bringing about the change needed to have a successful police department. Option C probably has the greatest probability of success, but change is possible under the right leadership and with people pulling together and getting a synergistic overall effect. Option C could take place within a year or a year and a half, whereas Option A or Option B could take two to three years. PAS believes Sanford should change its Charter, no matter which option is taken, so that the Police Chief and Fire Chief report directly to the City Manager, which would provide a proper framework. Governing bodies should he charged with overall legislative oversight, fiscal oversight, setting service levels and resolving disputes that can't be resolved in other E405354 MINUTES 5 9 9 City Commission, Sanford,'Florida WORK SESSION September ]5 19.97 ways, rather than being placed in the position of managing individual departments, which position the Sanford City Commission is placed/n under the current Charter. Option A would mos~y impact the commanders' eliminating four commanders. Special units would be somewhat de-emphasized. This Option overall would have the least impact on employees. Option B would impact the same people as Option A, and additionally the canine and communications people. Option C would eliminate all police department positions. The Seminole County Sheriff indicated that if the employees and officers of the Sanford Police Department met the standards and qualifications of the County, they could be brought into the County. The Sheriff indicated individuals would be brought in based upon their experience in Florida law enforcement. Based upon the rank structure in the SherifFs office there may be very little opportun/ty to come in laterally. Option C would be the most economical for Sanford, but there would have to be a payout of approximately $750,000.00 for individuals leaving the department. To renovate the existing police facility would be about six million dollars, possibly with a bond issue over twenty-five or thirty years, about $300,000.00 in principal and debt services in the first few years. PAS recommends setting up a Law Enforcement Options Committee composed of individuals who are prominent in the community, such as a retired judge of a court of record, someone from the criminal justice community, an individual from the education community, a couple of individuals from a homeowners group, a few from the business community, and representation from the City Commission. This group would hold hearings and get input from all concerned to determine which of the options best suit Sanford. It is recommended that this be a single purpose committee, not one that already exists, which could come back in a relatively short period of time (four to six months) with a recommendation. In the interim PAS would like to work with the Chief of Police on things that could be done in the department that would make a difference. Mayor Dale asked Mr. Hubler if Sanford has fewer problems or more problems than other municipalities in the area. Mr. HubIer indicated Sanford was below average in terms of efficiency in the department, and the attitude survey indicates the officers and employees are satisfied with their salary and work conditions, but there is more disaffection with regard to the leadership of the department and relationships with the City Commission. There are good people in the department who make good efforts. Mayor Dale reported the Sheriffs Department has state accreditation and national accreditation which costs a lot a time, money and effort Mr. Hubler reported that what accreditation buys you is an assurance that your policies and procedures are in place, but shouldn't be mistaken with measuring the effectiveness and efficiency of a department. Mayor Dale asked if the City Commission, Police Department and Administration were proactive in getting a referendum to have the City Manager in the admin/strative position of overseeing the police department would give the City a better chance of having it passed. Mr. Hubler reported it would take a concentrated effort by the Commission and the community, but it would be worthwhile. The Commission would then not have to spend an inordinate mount of time focusing on day to day management when the time is better spent setting policies and overseeing the accomplishment of the policies and the goals and objectives. Mayor Dale reported it was commendable of the Police Department to cooperate with PAS in doing the study, and making all their records available. 60-0 MINUTES City Commission, Sanford, Florida WORK SESSION September 15 19 97 Commissioner Williams reported she hoped the willingness of the Police Department to work with the Commission and the Administration is truly a change for the better, and not just an effort because their jobs are in jeopardy. This cooperation is imperative for the needed changes to take place. In the last two weeks a dramatic improvement in cooperation has taken place and it needs to continue. Mayor Date reported the attitude is going to have to change more than it has changed, from comments in the paper and other places, in regard to this being political. There is nothing political about this other than there being five Commissioners saying we have problems and the people elected us to be sure there is accountability and responsibility in having an efficient Police Department. Bragging on 80,000 calls, and how that makes us a good police department, is false;' we shouldn't even have that many calls. The amount of calls is nothing to brag and snicker about and unless that attitude changes we are not going to be able to do anything, it is just a lack of understanding of the problem. Mayor Dale asked if there would be any more difficulty in rebuilding a Police Department in five years, if we contracted out to the Sheriff' s Department now, than fixing our problems now. Mr. Hubter reported that under the current Sheriff be feels the Police Department would improve, but he cannot speak for any future Sheriffs. The question is how the City would feeI as far as loss of control of its Police Department. If Sanford gave up its Police Department now it would be hard to get it back. Commissioner Lessard asked if there was a pIace in Mr. Hubler's recommendation for the existing Citizen' s Advisory Board. Mr. Hubler reported there should be some type of Citizen's Advisory body connected to the Police Department, but there should be an additional board for the single purpose of reviewing the PAS recommendations. Commissioner Lessard asked if, in the study, anything specific was mentioned to explain the animosity of the officers toward the Commission in saying they did not have a good working relationship with the Commission or Mayor. Mr. HubIer again reiterated that changing the Charter to put the Police Chief directly under the City Manager would alleviate a lot of the animosity. Commissioner Lyons reported that some drastic changes need to be made regarding the Police Department as quickly as possible, and the Commission needs to make a decision today regard/ng a Law Enforcement Options Board, and authorize the Chief of Police to work with Mr. Hubler on any recommendations he makes. Commissioner Williams reported she was aware that there were things not being done that needed to be done to move the Police Department in the right direction. Maybe the Commission should put in motion, and provide to the Police Department, things that need to be done, and give them a timeline to accomplish them. There needs to be a vision stated by the Chief and his Administration, and moving from the vision to goals and objectives, and from those goals and objectives to strategies and benchmarks, in which the total department would be involved in bringing that about. If the Commission had done that earlier some of the changes could have been accomplished before this. Mr. Hubler reported that just using the term "Our Police Department" instead of "the Chief and his Admirdstration" would be a big step in the right direction. He further reported he would like to work with the Chief and his Committee to move forward in making changes. Mayor Dale felt the Commission should take this week to talk to prospective members of the Law Enforcement Options Committee and get their consent that they wilt put in their time and effort, and then come back next Monday and appoint that Committee. The Commission concurred. E405354 MINUTES City Commission, Sanford, 'Florida WORK SESSION September 15 The meeting was recessed for ten minutes to move upsta/rs and reconvene in the City Manager' s Conference Room. Riverwalk project administration, Jay Marder, Director of Plarming and Development, reported there have been several changes regarding the Riverwalk Because 17-92 is a State/Federal Highway the Flor/da Department of Transportation does not want to allow the City of Sanford to administer the Riverwalk project The City would still be imminently involved in the design phase, but all parties agree that the FDOT will administer the project. In addition, the City will still go ahead with the Local Agency Program certification so they can do street and sidewalk type projects. The Commission had no objection. The construction has been moved up by about one year. Utility Bill Late Fee Waiver City Manager Simmons reported several utility customers were experiencing problems with getting their bills paid on time because of delays in mail delivery, etc. He stated that the way the code/s written it gives Paul Moore and him very litfie lati_n_~e to do anything other than apply the late charge and collect it, or bring it back to the Commission on a case by case basis. Many of these late charges are $4.00. Paul Moore, Utilities Director, presented a proposal wherein the City would allow one late fee waiver per year per ct~amaer, as long as the customer has had twelve months of good payment history. Also, the late fee would not be charged if the payment was postmarked by the due date, instead of in the hands of the City by the due date. Commissioner Lyons asked why the deposit isn't returned to good customers after five or ten years of good payment history. Mr. Moore reported that the City does pay interest on the deposit but the deposit is not returned until they close the account. Small scale r~claimed water extension po!iey, Paul Moore reported the City has reclaimed water main extensions throughout the city, but not to every lot in the city. There are times when, if the customer requests it and it is cost effective, the City will do an extension at the City' s cost and hook the customer up to reclaimed water; all the customer pays is the meter set and standard fees. Since we now have a home for all reclaimed water, we would like to change our policy to be if anyone is interested in reclaimed water hookup they would pay 50% of the extension cost. If it is more than one customer, they would share the 50% cost. The Commission had no objection. Cost Containment ree..arding City Atttorney's work, City Manager Simmons reported he spoke to the City Attorney regarding the high cost of his services. Mr. Simmons prom to give the City Attorney a memorandum of direction that would make it very clear to him that no one from staff can ask for serv/ces without going through Mr. Simmons (the Commissioners can still call on him at their discretion). Secondly, any item given to him by City Manager Simmons should be evaluated and an initial assessment made as to whether or not the hours associated with that tasking will exceed four hours. If he feels it will go over four hours the City Attorney is to inform Mr. Simmons before he goes beyond that four hour. limit, so that Mr. Simmons can decide if he needs to come back to the Commission and see fithey want him to continue on that task. Mayor Dale reported each Commissioner should also monitor the time the City Attomey spends on their requests. F. A05354 City MINUTES Commission, Sanford, Florida WORK SESSION Septembe~ 15 1997 Persimmon Avenue beauti~cation in the Auto Train area. An estimate of the cost of installing a turn lane was presented to the Commission by City Manager Simmons. This turn lane would extend all along Persimmon Avenue from 46 to the railroad, where there is sufficient right-of-way. The City is missing some right-of-way by First Street forthis turn lane. The total cost is proposed at $7,452.00, but the only out-of- pocket costs to the City would be $2,843.70, the rest being pre-expended labor, overhead, equipment, etc. On the~ beautification, some plants need to be replaced to avoid problems with the power lines. The existing plants would be transplanted elsewhere. This beauti~cation cost is $4,309.00 for materials. This is a total out-of-pocket cost of approximately $7,153.00 to do the complete job. Also trader consideration is changing some signs. Commissioner Lyons asked ifAmtrak had been contacted to help with the cost and City Manager Simmons reported they had been contacted and the answer was no. The Commission directed Mr, Simmons to come back to them with a more comprehensive plan for this project. Howard Jeffties, Parks and Grounds. Maintenance Coordinator, reported that part of the area owned by the City is being maintained by someone from Auto Train. Mr. JetTries suggested that Auto Train be asked to plant some annuals or something to help beautify their land in the Auto Train area. The Commission concun'ed. Historic Sanford Memorial Stadium. City Manager Simmons reported there was a meeting'held to do some planning and fund-raising proposals for the Historic Sanford Memorial Stadium renovatiorL Since the concept was approved about a year ago, the seats are in place, the lights are in place and a tournament has been played there. They are now looking for funds to finish the conceptual renovations. The Sports Commission and City Staff are looking at over $2,000,000.00 to restore the Stadium, including what has already been spent. The planning money on the front end is about $75,000.00 to develop a saleable product and bringing in grants and other sources of dollars. City Manager Simmons reported the money that was budgeted for demolition and was not used can now be used for renovation. City Manager was directed to bring a more specific proposal back to the Commission at a later meeting. AHey Closure between Park Avenue and Oak Avenue and between 22rid Street and 23rd Street.' Commissioner Lyons asked to process the request from a resident to close an alley between Park Avenue and Oak Avenue and between 22nd Street and 23rd Street. Janet Dougherty, City Clerk reported there is the application 'and application fee of $ t 50.00 to consider. City Manager Simmons reported that a sewer line, a water liner, FP &. L, phone are cable are located in this alley, so the City will be reserving it as a utility right-of-way, however, there would be a utility cost of restoration if the City vacates the alley and goes back in there at a future time. Commissioner Lyons would like letters to go out to the other residents in the area to get their opinions. Mayor Dale directed the request be Staffed this week and put on the regular agenda for the next available Commission meeting. Spirit of 17-92 Task Force nominee. City Manager Simmons reported the previous representative was Commissioner Thomas. The Commission concurred that a Staff person represent the City on the Task Force. E405354 MINUTES City Commission, Sanford, Florida WORK SESSION September 03 19.97 Carpeting of City Hall City Manager Simmons reported that installation of the new carpet for City Hall will be started Wednesday, September 17, 1997 after working hours, and they will start at the end of the building where the Mayor's office is. It will probably take about two or three weeks. There being no further business, the meeting was adjourned. Attest: E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING September 15 19 97 The City Commission of the City of Sanford, Florida met in Regular Meeting Monday, September 15, 1997, at 7:00 - o'clock P.M. in the City Commission Room, City Hall, 300 Noi'th Park Avenue, Sanford, Hofida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Vetma 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 The Chairman called the meeting to order. Introductions Commissioner Lessard introduced Mr. Schriver and Chris Hoffrnan, who were in the audience. Chris Hoffman is working on a merit badge for Boy Scouts, learning more about his City and State Government. Mr. Schriver is Chris Hoffman's grandfather and is assisting him in completing the badge requirements. Adoption of Proposed Millage and Tentative Budget. Mayor Dale opened the Public Hearing on the proposed property tax. City Manager Simmons announced the proposed millage rate of 6.8759 mills exceeds the rolled-back rate by 6.09% and that this is necessary for the City to provide continuing level of City Services in the face of inflation and to meet increased demands for service. Mayor Dale announced that the Commission would hear from anyone who wished to speak for or against this issue. No one appeared. Commissioner Lyons moved to adopt the tentative budget. Seconded by Commissioner Williams. Commissioner Lyons clarified his motion to adopt the tentative budget and the proposed millage of 6.8759 mills for FY 97/98. The City Attorney informed the Commission that for purposes of clarity and for discussion, these two issues should be adopted in separate motions. Commissioner Lyons withdrew his motion, and Commissioner Williams withdrew her second. Commissioner Lyons moved to adopt the tentative millage rate of 6.8759. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to adopt the tentative budget. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Witliams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale closed the public heating and announced that the next public hearing to consider the final budget and to adopt the final millage will he held on September 22, 1997, at 7:00 &clock P.M. at City Hall in the Commission Chambers. E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING September 1~9 97 First reading of Ordinance No. 3360, re: makine appropriations for FY 97/98 Opera~n~ Budget. Commissioner Witliams moved to approve the first reading of Ordinance No. 3360, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Continuation of public heari~_~ to consider first readinl/ of Ordinlance No, 3357. re: amendinS the future land use map of the Future Land Use Plan Element of the Comprehensive Plan. and chanoin,, the designation of a pOrtion of property lyitle between Rinehart Road and CR 46A and between Rinehart Road and OreSon Avenue South from Low Density Residential (LDR) and Medium Density Residential (MDR) to Residential. Office and Institutional (ROD. Ira William SouthwardTrust, owner. Mayor Date reported this is a public hearing. First the staff report will be heard, the applicant will then come forward and make a presentation and then comments from the public, either pro or con, wilt be heard. The appIicant will have a brief rebtrttal and then the public heating will be closed and the issue will go to the City Commission for action. Attorney Reischmann read Ordinance No. 3357 by rifle, as follows: AI'~I ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 2065 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF A PORTION OF THE PROPERTY LYING BETWEEN RINEHART ROAD AND COUNTY ROAD 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH ' FROM LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO RESIDENTIAL, OFFICE AND INSTITUTIONAL (ROD; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Jay Marder, Director of planning and Development, presented the processes being taken by the City upgradig this property. He reported that the annexation process was completed in July. The Future Land Use Plan Map Amendment of the Comprehensive Plan is what the City is working on now. It has gone through Staff recommendations, gone to a public heating of the Planning and Zoning Commission (which transmitted the recommendation to approve to the City Commission) and now the City Commission's first Public Hearing (which is also called a Transtnittal Hearing) is being held. Should the City Commission decide to recommend approval of this amendment they would transmit that Plan Amendment to the Department of Community Affairs (DCA) who would process it DCA would then transmit a report called an Objections, Recommendations and Comments Report back to the City and the City Commission would then hold a second Public Heating. If the City decided to adopt the Plan Amendment, the Ci~would transmit that adopted Plan Amendment to the State (Department of Commtmity Affairs) which would advertise a Notice of Intent to fred that Plan Amendment in~omplianceor::not: o.:~ :, :' .o,.,. ~, '- The City would then go irit6 arrezoning procedure which gets down to the regulatory aspect of this project. Staff~ would recommend it to be a Planned Development type rezoning which would allow the City to apply variotts i~tipulations MINUTES City Commission, Sanford, Florida September 15 19 97 and conditions to the project. The difference between conventional zoning and planned development type zoning is that conditions can be placed on a master plan. The Planning and Zoning Commission holds a public hearing and makes a recommendation to the City Commission, the City Commission holds two public hearings, and follows Ordinance adoption procedures, After stipulations and conditions are set as part of the rezoning, the project goes through the actual site planning (the Development Plan Approval process) which would include Staff review by the Plans Review Committee, which includes Utilities, Public Works, Planning, Engineering, Zoning, etc., who review plans for concurrency to meet all the infrastructure and facility needs upon the impact of the development. The Development Plan process splits in a conceptual way; the Planning and Zoning would again review the Development Plan as a Site Plan, reviewing the general aspects of the plan, the basic building configuration, traffic circulation, parking, etc. Staff would review the technical engineering aspects of it to eventually result in the issuance of a (building permit or a) site development permit. Mr. Marder presented an existing land use map and pointed out exactly where the property in question is located. He reported that all the surrounding roads are, or plan to be, four lane roads. Eventually the Interstate will be six lanes with an interchange. There are some single family land uses in the area, some vacant agricultural land and scattered homesites as well as a regional mall. Mr. Marder presented a map of the future land use (the City designations). The map showed high intensity development (up to fifty dwelling units per acre) and high intensity commercial development near the site, with some resource protection (being wetlands), low density residential in the area and single family as well as commercial south of the site. Mr. Marder presented a map of Seminole County's Future Land Use, recognizing that this site is stiI1 designated in the Seminole County Comprehensive Plan (annexation does not automatically incorporate the project into the City' s Comprehensive Plan, it has to be done by amending the Plan). This map showed similar type high intensity development all the way around, It also showed the northerly portion of the site as low density residential and the southerly portion as medium density residential. Mr. Marder reported in 1991 the City adopted a Joint Planning Agreement with Seminole County which includes this area, and at that time we anticipated some changes in this area, knowing there was going to be an interchange and the mall, and the City said that the northerly portion of this area would be anticipated for high density residential, and the southerly portion would be medium density (based on City designations). We made sure, in adopting a Land Use Equivalency Chart, we could all understand that future land uses by name would equal City and County land use designations on the Plan, as welI as City and County zoning designations as the regulation. Mr. Marder reported there are already other services to the area in terms of a sixteen inch water line that runs past the site, as well as a twelve inch reclaimed water line that runs to the site.' There will have to be sewer running to the site from either the north or the east depending on what is decided. After viewing this City Staff recommended that it he approved. The Staffs of the Cities of Lake Mary and Sanford met and determined, recognizing that there were some serious concerns about this development, that it ought to be approved, subject to some conditions and stipulations which have been set forth, namely: 1 ) that the residential density be restricted to 15 dwellings units per acre for that portion of the site which is the twenty southerly acres of the site, and 2) E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 15 77 that the northerly sixteen acres be limited to 16.75 dwelling units per acre. 3) That there be a minimum 100 foot building set-back from CR 46A, 4) that there be a 6 foot high wall similar in character to the wall that surrounds the Hills of Lake Mary, 4) that PD planned development zoning be required, and 5) that access to Twin Lakes by watercraft be extremely limited and that no motorized watercraft would be allowed. Mr. Murder reported he has copies of all maps presented available for anyone who wishes to have one. He also reported the City has received a letter from Seminole County that recognizes that the proposed Land Use Change is consistent with the Joint Planning Agreement and is consistent with our Joint Comprehensive Planning. Bill Burkett, President of Burkett Engineering, Inc., the developer, reported they agree with the Staff recommendation and would appreciate the Commission' s support. He reported that every condition that the City has asked to be placed on them at this point has been agreed to. They intend to develop a Class A project, a very high quality multi4amily development in this area, and they believe it will be an asset to Sanford. Seminole County and Lake Mary have supported or are not opposed to the project with the conditions that have been stated, with Sanford' s Planning and Zoning (Commission) approval. Mr. Burkett reported that there will be no commercial or industrial development in their plans. They intend to develop it completely multi-family, and the development intensity would tend itself to no more than three stories in height. This should provide for a more smooth transition from the proposed intensity to the current intensily within the neighborhoods concerned, at 16.75 dwelling units per acre, than the 50 dwelling units per acre provided for in the Joint Planning Agreement. These units will rent for about $800.00 to $1,200.00 per month. There will be garages availabIe for most, if not all, units, They would limit the wall to match the character of the wall that is across the street. There is a conservation area and set-back from the lake. This will be a gated community with entrances from both Paola Road and Rinehart Road. They are working with City Staff on limiting the access to the lake. Matt West, City Planner of Lake Mary, reported that the City of Lake Mary has not had the benefit of their City Commission meeting as a body in the sunshine to discuss this issue. They have, however, met with the Sanford City Commission and Mr. Burkett. Mr. West reported that the City of Lake Mary' s objectives are the same as Sanford's. They want to provide an adequate transition between higher density residential development and existing single family neighborhoods, and they want to preserve the stability of established residential areas. Lake Mary is not supporting the Land Use Amendment, but they are not objecting to it with the conditions set forth. Mayor David Mealor, City Manager John Litton, Commissioner Tom Greene and Commissioner Gary Brender were also present from Lake Mary. Mayor Mealor reported the Lake Mary City COmmission has not had an opportunity to meet in the sunshine on this issue, but they really have no right to approve, disapprove, object or not object to this project. It is strictly a Sanford decision. He stressed that Sanford has two options tonight, either listen to public input and postpone any action, or make a decision and go with it. As a private citizen he would like to see lower density development in this area. And as a Mayor, he is trying to look out for the well-being of Lake Mary. City Manager Litton reported that it is very important the Lake Mary City Commission be aware and be briefed on this issue. Whatever is worked out needs to be in writing and needs to be distributed to the Lake Mary City Commission. The Lake Mary City Commission is very concerned about the Sunshine and about this issue. One concern is E405354 MINUTES City Commission, Sanford, Florida REGUt~R MEETING September that construction traffic for this project be limited to Rinehart Road. They want to work with the City of Sanford, but they want to protect all citizens and ensure transition. Mayor Dale reported the Commission would hear from those persons present to speak in favor of, or He asked that opposition be limited to the significant items and the same items not be repeated over against, this issue. and over. Irene Fultz, 173 Woodridge Trail, Sanford distributed a packet containing maps, several opposition letters, documents from a presentation by another resident that will be heard at a later time, and a petition that she reported has been signed by many concerned Sanford property owners who feel this Amendment is not in the best interest of the residents of Sanford. She reported she was representing the newer residents of Sanford. They chose Sanford for its quiet, peacerid atmosphere away from the bustle of Orlando. They love the quiet community and relaxed atmosphere they have found in Sanford. They are not opposed to progress, however they are opposed to unwise land use change that will destroy the very qualities that they moved here for. She asked that the Commission not destroy this community for the sake of profit to developers that will build here and move on. Nell Snow, a resident of Kaywood in Sanford reported that she had the pleasure of watching a pair of newborn sandhilt cranes mature to teenagers and stroll down the street with their parents while all the neighbors ran out to take pictures. There will be no more of these cranes if the proposed development takes place. Mr. Keith Ivey will demonstrate to the Commission with charts, maps, facts and figures why the proposed Land Use Change for the Twin Lakes area is not a viable option. She asked the Commission to consider if this is spot zoning. Ms. Snow reported she wished to appeal to the hearts of the Commissioners. Signatures on the petitions that were distributed are those of property owners, not just John Doe offthe street. Sanfordites. Some of these signatures represent second and third and forth generation Ms. Snow reported some personal memories and reported there was a special affinity between people and this place, for some there still is. Further, the homes they own here are not just vested pieces of property but the treasures of their hearts. This is their place of enchantment. She asked that it not be destroyed with 850 triple decker rental apartments on a narrow strip of land adjoining theirs. Mr. Keith tvey, as representative of several residents of this area, spoke in opposition of the proposed land use based on what he perceived as a misinterpretation of the City/County Joint Planning Agreement, the intended density and intensity of the property, and his belief that property values would be decreased and quality of life jeopardized by this development Mr. Ivey presented his perception of the various documents which Mr. Marder had referred to, and his proposal for future land use for this area. Mr. Ivey reported the Seminole County Future Comprehensive Plan map shows the southern portion as medium density residential. The northem portion of this parcel is designated low density residential. Seminole County' s Future Land Use Equivalency Chart shows that low density for Seminole County is 1 to 4 dwelling units per acre, and medium density residential is 4 to 10 dwelling units per acre. The Future Land Use Equivalency Chart shows the City Land Use is low density resklential with 6 dwelling units per acre. According to the Chart, the County me~um density residential of 4 to 10 dwelling units pex acre equals out to the City Land Use Equivalency, as 10 dwelling units per acre, for tbat:southem portion beIow Twin Lakes. The request to amend the 15 19.97 E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 15 97 19~ Comprehensive Plan is that the entire site, both parcels, be designated Residential, Office and Institutional, with a maximum density of 20 units per acre. Mr. Ivey reported he realizes that there have been concessions that have been talked about, however the designation of Residential, Office and Institutional allows up to 20 dwelling units per acre. In the Staff recommendations on page four of the packet given to the Commission by the City Clerk the Depamnent of Engineering and Planning states the proposed Land Use designation was anticipated in the Joint Planning Agreement between the City and County as providing a reasonable transition between high intensity land use areas and nearby low density residential land uses. Mr. Ivey stated the proposed Land Use designation is not consistent with, nor was it anticipated, as to the Residential, Office and Institutional designation of 20 units per acre. He reported the southern parcel, stated in many documents as being in accordance with the Joint Planning Agreement and covered under the Joint Platting Agreement, does not go above 10 dwelling units per acre under any plan, His proposal shows medium density residential, 10 dwelling units per acre on the south parcel, which would be approximately 20 acres. The grey area north and west of Twin Lakes along Rinehart Road is High Density Residential. If there is a ten acre site along Rinehart Road adjacent to the Higher Intensity Ranned area, that will still be in accordance with the Joint Planning Agreement; however, to provide adequate transition between the high density of up to 20 dwelling units per acre, he recommended the middle approximately fifteen acres be the City's medium density residential of 15 dwelling units per acre. The Joint Planning Agreement does not incorporate the southern parcel, that is still 10 dwelling units per acre. Mr. Ivey reported the residents want to be positive that there are going to be enough facilities. Jay Martier reported that Mr. Ivey has taken the Joint Planning Agreement, which certainly was never meant to be set in stone, to a degree that is farther than Mr. Marder imagined it when he was drafting it, and he is pretty sure the County Planners imagined it when they were working on it; however, it is an important element. The Chart provided shows the medium density designation MDR 15 goes over the MDR in the County designation above 10 dwelling units per acre. For example, Low Density Residential is different between the City and County, we have a more dense low density residential, up to 6, whereas they have 4. It was recognized when the City and County discussed this that it was likely that the City of Sanford' s higher density designations would be utilized in this regard. Further, both the County and the City have placed detailed services and facilities numbers in their Comprehensive Plans as data inventory and analysis. This area is in the City' s service area, so these numbers, and densities and intensities, have already been reflected in the City' s planning for facilities and services, water and sewer specifically, and they have all been incorporated into the County' s plan for their roadways as well as our roadways. There are some County maps that show conservation/wetlands and there are some, that Mr. Ivey has shown, tt-mt don't. The City has always included those as resource protection but they are basically the same areas. Ted Willjams, East Twin Lake, reported he owns 3-1/2 acres out of the water immediately adjacent to Kaywood and that the proposed development will be 19 units per acre, more than double the 8.8 units per acre at the aparlments on Rinehart Road. He suggested the neighborhood be built out in tow density, like Kaywood and the Hills of Lake Mary, and this kind of development be built on the north side of the Rinehart extension, dose to the mall. He requested that the residential neighborhood be kept like it was when they moved there. Mr. Ken Wright, a representative of the developer, reported it is apparent that residents' concerns have not been adequately addressed, as previously thought Further, there is a very strong likelihood that this site can be developed E405354 City MINUTES Commission, Sanford, Florida REGULAR MEETING September 15 19.97 in a way that will achieve what the developer is trying to accomplish and answer most of the concerns of those people who have spoken. The question seems to be the appropriateness of the density and perhaps trying to negotiate some compromise on transition of that density. On behalf of the applicant he requested the Commission continue the Public Heating to allow a compromise to be achieved with City of Sanford Staff and the Staff of Lake Mary, and some of the representatives of the nearby homeowners. Commissioner Williams moved to continue the Public Hearing. 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 Mayor Dale recessed the meeting for five minutes, then reconvened it. Citizen Participation - Tyrone Alexander, a resident of 16th SWeet, reported the City never mows the west side of the Mill Creek ditch in the area of Mulberry from 14th Street to 18th Street and it is gathering trash and debtis that needs cleaned up. The east side is mowed. The excuse he has been given is that they don't have the equipment to clean across the ditch. 'Mayor Dale directed Jerry Hermart, Public Works Director and Mr. SimmOns, City Manager to take a look at it and see how it can be cleaned. Charles Hardon, 207 E. Tenth Street between Palmetto and Magnolia asked for clarification regarding the City possibly going to have the Shetiff' s Department provide police services for the City. Mayor Dale explained that for the past several months an outside consultant has been studying the efficiency and management of our Police Department. The consultant has presented a document to the City which provides three options in the form of recommendations. One is to reorganize the Police Department and its management efficiency and organization, another is to reorganize the Police Department in its management efficient operation and contract out for some of the services of the Police Department, such as communications, canine, and other special type of functions. The third option is to contract out all the police services to the Sheriff, and they would have a division that would become a police department. Mayor Dale reported the Commission will be appointing a citizen committee to study this document, get with the Police Department, the consultant and the Commission, and come back in about four months to make a recommendation of which of those three options, or a combination thereof, would be the best opportunity to bring in the most efficient practices to the Police Deparlment. Mr. Hanlon expressed concern that when he lived in Casselberry, in an area where the Sheriff' s Department had control, it took forever to get the Sheriff out to his area, and there seemed to be a lot of burglary, car theft, etc. Since he moved to Sanford there is a lot of police patrol in his area. The Police Department is one of the reasons they moved to Sanford. If the City contracts out to the Sheriffs office it will lose a little bit of identity, it is just going to become another section on the map for the Sheriff. Mayor Dale suggested that Mr. Hand attend the public hearings that will be held by the citizen committee, and Commissioner Lessard gave his PAS Report to Mr. Hanlon. Approval of Commission Minutes. Commissioner Lyons moved to approve the Commission Meeting Minutes of the August 25, 1997 Work Session and the August 25, I997 Regular Meeting. Seconded by Commissioner Williams and carried by vote of the E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 15 19 97 Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Continuation of condemnation procedure for Pine Shadow Apartments. 1120 Florida Avenue. Jack Baldwin, Liberty National Bank, reported that a copy of the deed from Mr. Seeserun has been provided to City Manager Simmons. The property sate has been closed and they are awaiting recording of those closing documents. A detailed letter was sent to City Manager Simmons and the City setting forth Liberty Bank' s position and what they could do regarding the City liens and the water bill, in efforts to collect it. Mr. Baldwin anticipated that Liberty National Bank would front the expenses of collecting but the expenses of collecting, including attorney' s fees, would be paid off the top of any gross recovery they make. Mr. Baldwin asked that the City release the liens and allow him to attempt to obtain payment of expenses and that the City would probably receive about 40% of what was collected and Liberty National Bank would receive 60%. Commissior, er Lyons moved to direct City Manager Simmons and the City Attorney to work out a compromise that would protect our interest and make sure that. we do receive pro rata in accordance with what Mr. Baldwin recovers from Seeserun individually. 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 Public Heating to consider seCon~d readin~ and adoption of Ordinance No. 3356, re: amendinlr the Sot~thridee PD and rezoning a portion ofthe property between Twin Lake Road South extended westerly and Paola Road and between I-4 (State Road. 400) and Towne Center BpUlevard. Commissioner Eckstein moved to adopt Ordinance No. 3356, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN, SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY BETWEEN TWIN LAKE ROAD S. EXTENDED WESTERLY AND PAOLA ROAD AND BETWEEN 14 (SR 400) AND TOWNE CENTER BLVD.; TO AMEND THE EXISTING SOUTHIDGE PD TO AMEND PERMITTED USES AND ADD 1.67 ACRES (FROM AG TO PD); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Mayor Dale reported the Commission would hear from those persons present to speak for or against this issue. No one appeared. Seconded by Commissioner Wiltjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williarns Aye Commissioner Lessard Nay Commissioner Lyons Aye Condemnation proceedings for Pine Shadow Apartments. City Manager Simmons reported that, even though the Commission had given direction as to the collection of liens and past due water bills, they had not made a decision on the condemnation proceeding regarding Pine Shadow Apartments. E4O53~4 MINUTES City Commission, Sanford, Florida REGULAR MEETING Septembe~ 15 19 97 Charles Rowe, Community Development Director reported he viewed the property today, along with Acting Building Official Dan Florian, and met with Mr. Horrell. There has been significant clean up of the grounds to the extent to cancel the $25.00 a day fine for high grass, weeds, junk and debris. There has been no structural work, but there has been quite of bit of work done intemally. Quite a few people in the neighborhood have said there has been significant improvement. City Manager Simmons reported no units are occupied at this time, and they are being repaired. . Pascal Pencrest, 2616 Hartwell Avenue reported he has seen the exterior being cleaned up and today there were two large dumpsters with the contents of the interior of the buildings in them. Commissioner Lyons moved to remove this property from the condenmation list. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Witliams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing and first reading of Ordinance No. 3358, re: rezoning property between Country Club Road and W. 251h Street and between Grove Lane and Airport Boulevard. Recommendation submitted from the Director of Planning and Development to table the Public Hearing until a Comprehensive Plan Amendment can be considered. Jay Marder, Director of Planning and Development, reported the Planning and Zoning Commission recommended that the City waive the $1,000.00 fee for the small scale Comprehensive Plan Amendment because it seemed unreasonable that it hadn't been done. Right now it is zoned agricultural in the county, it's planned low density residential in the tinincorporated county, so the Commission needs to give direction whether the amendment is to he done administratively (without the fee), or packaged with the new Land Use Plan Map (which would be at a later time), or if the applicant must apply and pay for it. Commissioner Lessard moved to include this small scale Comprehensive Plan Amendment with the new- Land Use Plan Map request, and table Ordinance No. 3358 entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN GROVE LAND AND AIRPORT BOULEVARD FROM AG (AGRICULTURAL) TO GC-2 (GENERAL COMMERCIAL); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams [Commissioner Williams left the meeting] and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider first readin~ of Ordinance No. 3359, re: rezoning a portion of the property between 13th Street (Celery avenue) and East 141h Street extended easterly and between Valencia Court East extended northerly and Mellonville Avenue. . [Commissioner Williams returned to the meeting.] Commissioner Eckstein moved on first reading of Ordinance No. 3359, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING September 15m 97 AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN 13TH STREET (CELERY AVENUE) AND EAST 14TH STREET EXTENDED EASTERLY AND BETW'EF.N VALENCIA COURT EAST EXTENDED NORTHERLY AND MELLONVILLE AVENUE FROM RC-2 (RESTRICTED COMMERCIAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Date Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading Of Ordinanc~ NO. 336!. re: adopting FY 97/98 ClaSsifiCation and. P~,P~.~.:-:..' .... Commissioner Lessard moved on firSt rdading of Ordinance No. 3361 entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3312, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE OCTOBER 1, 1997; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams. Commissioner Lyons reported that the employees should take a good look at this Ordinance because what it does is bring the salaries and the pay of our City employees up to a fair market value, which proves that the Commission is adhering to what they had said they wanted to do, pay their employees what they are worth. Commissioner Willlares requested City Manager to see that each employee receives a copy, not just available, of the Pay Plan sheet. The motion 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 First .r~ding of Ordilaance No, 3362. re: amendine Ordinance No. 3324 to delete section 8.1 of the City's Personnel Rules and Regulltions and adopting an amended Section 8.1. Commissioner Lessard moved on the first reading of Ordinance No. 3362, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3324, TO DELETE SECTION 8.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS AND ADOPTING AN AMENDED SECTION 8.1; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye · Commissioner Eckstein Aye Commissioner Willlares Aye Commissioner Lessard Aye Commissioner Lyons Aye FirSt reading of Ordinance No. 3363. re: annexing.certain property lying between W. SR46 and Old Lake Mary Road and between Airport Boulevard West and Ridgewood Avenue (2508 Old Lake Mary Road). Commissioner Williams moved on first reading of Ordinance No. 3363, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN W. S.R. 46 AND OLD LAKE MARY ROAD AND BETWEEN AIRPORT BOULEVARD WEST AND RIDGEWOOD AVENUE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E405354 MINUTES City Commission, Sanford, Florida REGU[~AR MEETING September 15 ~9 97 Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of condemnation status report/removals from condemnation/requests to demolish. Charles Rowe, Community Development Director circulated pictures of Report No. 96-23 to the Commissioners. He recommended the owner be given a time extension to complete repairs. Commissioner Eckstein moved to authorize a 30 day extension. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Abstained Commissioner Lyons Aye Mr Rowe reported he has received correspondence on Report Nos. 96-12 and 96-19. No. 96-19 has been completed and should be removed from the condemnation list and 96-12, owned by the same company, should be granted · an extension since the owners have proven that they are willing to make the improvements. Commissioner Eckstein moved to approve a thirty day extension for Report No. 96-12, and Report No. 96-19. 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 Mr. Rowe recommended the Commission authorize a 40 day time extension for Report Nos. 97-27 through 9743, known as Bailey's Quarters, as the owner has requested time to obtain financing to underwrite the cost for demolition, and he pulled a demolition permit on August 26, 1997. Commissioner Williams moved to give the owner a 30 day extension. Seconded by Commissioner Eckstein 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 Mr. Rowe recommended Report Nos. 96-9, 96-10, 96-11, 96-14, 96-17 and 96-19 be removed from the condemnation list. Commissioner Williams moved to remove the recommended Report Nos. from the condemnation list. Seconded by Commissioner Eekstein 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 Board appointment/reappointments. Stanford Airport Authority. Mayor Dale reported there are four members' appointments that expire September 30, 1997. Mayor Dale called for all Commissioners' nominations from the table as follows: FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS COUN'FY. SEMINOLE LA,Tr NAME--FIRST NAME--MIDDLE NAME LESSARD, BRADY MAILING ADDRESS 1109 MAGNOLIA AVE. CITY SANFORD DATE ON WHICH VOTE OCCURRED 09-15-97 NAME OF BOARD, COUNCIL COMMISSION. AUTHORITY. OR COMMITTEE CITY COMMISSION : ' I'HE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: iXCI'rY '. ! COUNTY ~ ~ OTHER [.OCAt. AGENCY NAME OF POLITICAL SUBDIVISION: CITY -OF SANFORD, FLORIDA MY POSITION IS: ~ 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 .axe 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 inteiest will '~ary greatly'depending on whether you hold an elective or appointive position. For this reason, please pay close aitention to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA-STATUTES ELECTED OFFICERS: . A person holding elective county, municipal, or other. local-public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive (c;Umy, 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 wholn 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 (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The 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 minutes of the meeting, who should incorporate the form i.n the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST . I, BRADY LESSARD , hereby disclose that on (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured io the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: SEPTEMBER 15 ~., 19 97 : · by whom I am retained. Measure before my agency: Consideration of Condemnation Status Report/ Removals from Condemnation/Requests to Demolish RE: Condemnation No. 96-23 308-310 E. 4th St. Motion made to grant extension of 30 more days. Nature of my interest: The subject property (308-310 E. 4th St.) is owned by my wife's company - Lisa Lessard, OSP, Inc. Date Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I! SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING September 15 ~997 Mayor Dale nominated Ken Wright. Commissioner Williams nominated Charles Gibson and Robbie Robertson. Commissioner Lessard nominated Lon Howell and Ed Bossert. Commissioner Eckstein nominated Gene Daniels and Lee Moore. Commissioner Lyons nominated Lynn Stogner. City Attorney Reischmann reported that Section 4 of the Enabling Legislation requires that each of the m~m of the board be residents and electors of Seminole County. Mayor Dale reported that each of the nominees lives in Seminole County. Mayor Dale called for the vote for Ken Wright. The vote was as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Nay Mayor Dale called for the vote for Charles Gibson. The vote was as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale called for the vote for Robhie Robertson. The vote was as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale called for the vote for Lon Howell. The vote was as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye After discussion, Commissioner Lyons moved that Cha~es Gibson and Robbie Robertson serve four years, and Lon Howell and Ken Wright serve for three years. 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 As a result of the foregoing motion, Mayor Dale announced that Cha~es Gibson and Robbie Robertson will serve four year terms, until September 30, 2001, and Ken Wright and Lon Howell will serve the remaining three years of terms to expire September 30, 2000, with Lon Howell 's term beginning January 8, I998. Commissioner Eckstein reported that even though his nominee was not voted on, he feels than Lee Moore deserves some kind of recognition or some form of appreciation. He was Mayor for sixteen years and served for years on the Sanford Airport Authority, and what he has done for the Community, Junior College, High School and Airport is something that shouldn't be forgotten. Mayor Dale agreed that something should be done for all of those who have served and done such a good job. He will work with City Manager Simmons to come up with something appropriate to recognize those who have served. E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING September 15 77 19-- A man who Mayor Dale addressed as Dean asked why votes were not taken on aH the nominees. Mayor Dale reported he took all the nominees from the floor and voted on them from the top down and the first four that were voted on were approved by a three to two vote or greater. Consideration of recommendations from Plannine and Zoning Commission Meeting of August 21. 1997. Recommendation # 1 referred to the Public Hearing held earlier in the meeting to consider rezoning property from RC-1, Restricted Commercial to GC-2, General Commercial, located at the southwest comer of Celery Avenue and Mellonville Avenue; Ordinance No. 3359. Property Owner/representative: Ruth Stamm. The Commission took no further action. Recommendation #2 referred to the Public Hearing held earlier in the meeting to consider rezoning property from AG, Agricultural, to GC-2, General Commercial, located at 2720 West 251h Street; Ordinance No. 3358, owner: Joe and Diane Rogers. The Commission took no further action. Recommendation #3: Recommend approval of the Final Plat for Rose Hill Subdivision, a 69 lot single family residential subdivision located at 1 Rose Hill Trail (Sanford Avenue)in a SR-1, Single Family Residential Zoning District. Property Owner: Sala Inc. Of Florida- Houshang Sabeti, President, Representative: Merwan Naime, P.E. Commissioner Eckstein moved to approve the Final-Plat for Rose Hill Subdivision. 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 Recommendation #4: Approval of Preliminary Subdivision Plan for Sterling Woods. Mayor Dale reported he is the developer of record for the Matzel Organization out of New Jersey, declared a conflict, and reported he will sign a Conflict of interest Statement after tonight' s meeting. He passed the gavel to Commissioner Eckstein and announced he will abstain from the vote. Commissioner Willjams moved to approve the Preliminary Subdivision Plan for Sterling Woods. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Abstained Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein passed the gavel to Mayor Dale. Consideration of request from Sanford Main Street, Inc. and Sanford Historic Trust Inc. for free use of the Cultural Arts Center. City Manager Simmons reported the amount of fees requested to be waived is $3 13.00 for two days, October 3 and 4, for the Cultural Arts Center. The Sanford Historic Trust and Main Street are hosting the Florida Trust for Historic Preservation 1997 Fall Insiders Tour, bringing people to Sanford from much of Hofida. Commissioner Lyons moved to deny the request based on the fact that the City already funds Sanford Main Street and that the Cultural Arts Center fees collected are used to maintain the building. The motion died for lack of a second. i/ I 'FORM 8B. MEMORANDU ICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME'FIRST NAME--MIDDLE NAME Dale, Larry A. MAILIN(; ADDRESS P. O. Box 1788 CITY Sanford FL 32772-1788 DATE ON WHICH VOTE OCCURRED September 15, 1997 COUNTY' Seminole NAME OF BOARD, COUNCIL COMMISSION, AUTHORIT~Y, OR COMMITTEE Cf~.y Commission ' THE BOARD, COUNCIL. COMMISSION, AUTHORITY. OR! COMMI'TTEE ON WHICH I SERVE IS A UNIT OF: X; CITY '. ~ COUNTY '- _'. OTHER LOCAL, AGENCY NAME OF POLITICAL SUBDIVISION: City of Sanford, Florida MY POSITION IS: Mayor ~ ELECTIVE i ~ 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 axe mandatory; although the use of this particular form is not required by law, you are encouraged [o 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 gre~/tly'depending' on whether you hold an elective or appointive position. For this reason, please pay close aRention to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA. STATUTES ELECTED OFFICERS: . A person holding elective county, municipal, or other local-public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is 'retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording. the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cb~imy, 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 (betbre 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 tile 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 minutes of the meeting, who should incorporate the form i,n the minutes- DISCLOSURE OF LOCAL OFFICER'S INTEREST ,. I, Larry A. Dale , hereby disclose that on September 15 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or __ inured io 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 Recommendation from Planning and Zoning Commission Meeting of August 21, 1997 to approve the' Preliminary Subdivision Plan for Sterling Woods. My interest: I am the developer for The Matzel Organization, owners of the Sterling Woods Subdivision. September 15, 1997 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION Ir SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 1519' 97 Commissioner Eckstein moved to approve the request for waiver of fees. Seconded by Commissioner Williams and carried by -cote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay COnsideration of Eeoteeh proposal to continue wetlands monitoring at Site 10. Mayor Dale reported this monitoring and reporting is a requirement of the City' s permit with the Federal Department of Environmental Protection. The cost of the proposal is $13,371.00, $2,367.00 lower than last year's price. Commissioner Eckstein moved to approve the proposal. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of proposal from Hartman & AssOciates to provide professional surveyine services for the Downtown Storm Sewer Interceptor Project. ,, City Manager Simmons reported this is to provide additional locational information in support of the work being done by Conklin, Porter and Holmes to design the downtown stormwater diverter project. The contract with CP&H for final design of this project will be presented to the City Commission on September 22, 1997. Commissioner Eckstein moved to approve the proposal from Hartman & Associates, Inc. for $9,950.00. 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 COnsideration of extension of Seminole County/City of Sanford Subrecipient A. greement PY 96-97 for CDBG, HOME and SHIP programs hoUsine reh8bilitation activities. Commissioner Williams moved to extend the agreement. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of continUipe the Florida MOtor VehiCle Theft Prevention Authority franl~ for FY 97/98. Mayor Dale reported the maximum grant mount is $51,686.00. Commissioner Lyons moved to approve the agreement. Seconded by Commissioner Eckstein 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 ~105354 MINUTES City Commission, Sanford, Florida REGULAR MEETING September 15 Consent Agenda. A. (1) Bid Tabulation #1FB96/97-108, install metal roof over existing Civic Center dressing room area (Recreation & Parks). Director of Recreation and Parks recormnended acceptance of low bid meeting specifications from Shoemaker Construction Company, Inc. in amount of $8,000.00. (2) Bid Tabulation #96/97-109, Aerobic Digester System Improvements (Utilities). City Manager' recommended acceptance of low bid meeting specifications from Wharton-Smith in mount of $327.000.00. Consideration of requests for payment of statements as follows: (1) From Universal Engineering Sciences for statements in the total mount of $2,491.25 ($379.05, $99.75, $I,710.45 and $302.00) for soil testing. (2) Approval of Vouchers for August, 1997. (3) From Stenstrom, Mctntosh, Colbert, Whigham & Simmons P.A. for professional services for the month of August, 1997, in the total amount of $10,584.00. recommended for Item A, 1 & 2, and to approve payments can'ied by vote of the Commission as follows: Commissioner Eckstein moved to accept bids as for Item B, 1, 2 & 3. Seconded by Commissioner Wiltiams and Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Information regarding invoices paid durine the period for previously approved lump sum contracts. The Commission acknowledged the eleven invoices in total amount of $85,277.56 from Conklin, Porter & Holmes Engineers, Inc. ($129.04, $343.88, $3,529.25, $6,729.43, $5,594.17, $512.43, $7,749.74, $4,562.61, $6,338.21 and $3,176.92 ) and Wharton-Smith, Inc. ( $46,611.88 ) which have been paid per City Commission approval on October 8, 1990 and November 5, 1991. City &ttorney's report, No report. City Manager's report. City Manager Simmons reported he has received a recommendation from the Building Official that the City Commission approve the securing of gates leading to a swimming pool, which is unattended, and have been unable to notify the property owners, at 2631 Laurel Avenue. Commissioner Lyons moved to secure gates leading to swimming pool at 263 1 Laurel Avenue. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard . Aye Commissioner Lyons Aye City Manager Simmons reported Seminole Volunteer Enterprises, Inc. has requested waiver of permit fees, not expected to exceed $500.00, for fixing up the old school building at 407 West Forth Street. iF.~105354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 15 97 Commissioner Eckstein moved to approve waiver of fees. carried by vote of the Commission as follows: City C!erk's report. No report. City Commissioners' reports, Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Nay Seconded by Commissioner Williams and Commissioner Eckstein reported the American Legion Team Post 53, that was sent to South Carolina and South Dakota has their uniform in Cooperstom (Hall of Free), as well as their hat and bat. They also have been given an all expense paid trip for the tirst two days of the Wo~d Series. Around the country, they won the World Series, and this is something special. We as a City have not done anything, and the Commission should think about that. Commissioner Eckstein also requested time at the next Work Session to discuss a sign to showcase Sanford. Commissioner Williams asked where the City was in terms of the Downtown Development Project (the hotel complex). Mayor Dale reported the developer is ready to give a presentation to the Commission. City Manager Simmons reported he has talked with the City Attomey as to ways the City could move toward designating them some way as an inside track, and meet Florida Statute Requirements in terms of public property. Mayor Dale reported all of the citizens' groups that the Commission has referred to has come back with a resounding acclamation of the concept, and that information has been relayed to the developer. We now need to look at the legal aspects of it. Mayor Dale directed City Manager to draft a letter of intent with due diligence on both sides, to allow us to go forward with this, and reported we need to also do a title search. Commissioner Lessard reported that Rinker Concrete has agreed to pour (donate) sidewalks in front of the Hopper Academy, and he hopes to have this done prior to October 1, when the people from the state will be down here. Mayor Dale directed Staff to go ahead and form the sidewalks. Commissioner Lyons reported he would like the City Clerk to move ahead with the alley closure between Oak and Park and between Spe~ing and West 23rd, and for the City to incur the expenses due to the fact that it is in the interest of crime prevention- The Commission concurreeL Commissioner Lyons reported that if there are issues the Mayor is concerned about, or if he wants to make changes, he has the support of the Commission and of the citizens. A man from the audience asked the City Attorney, from a legal and a mathematical standpoint, the vote that was made tonight, was there any way for all of the nominees to have gotten a fair vote instead ofjust going down the list. City Attorney Reischrnann reported neither the Charter nor the Code, nor any prior regulation passed by this Commission, provides for a specific procedure for either nominations or for votes on those nominations. Specifically, you have inquired, would there be a way so that the vote could have addressed all of the candidates. If the votes on the first candidates had not received a majority, then you would keep going down the list of candidates that were nominated until you had reached a positive or affirmative vote by at least three of the Commissioners for the four spots that needed to be filled. That is the procedure that this Commission chose to take and they have the right to do that E405354 City MINUTES Commission, Sanford, Florida REGULAR MEETING September 1519 9___Z_7 There being no further business to come before the Board, the meeting was adjourned. Attest: