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101397 ws/rm min.E~05354 MINUTES City Commission, Sanford, Florida Y~ORK SESSION October 13 19 97 The City Commission of the City of Sanford, Florida met in Work Session on Monday, October 13, 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 Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Willjams City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Public .access on television for meetings. Commissioner Eckstein reported there has been a CALNO task force formed to get every entity, including the School Board and Seminole Community College to have public access on television. Each entity would participate and buy time. Larry Furlong, Cindy Gennell and the president of WMFE TV will give the City a presentation at the City's invitation to explain the project in more detail. Evaluation 'of City Manager. Commissioner Eckstein reported City Manager, Bill Simmons, has not been evaluated and it needs to be done. Commissioner Eckstein reported a copy was placed in each Commissioner's mailbox of the salaries and benefits paid in Central Florida, including 401K's, 457s and retirement benefits. The Commission should consider giving Mr. Simmons a raise. The Commission concurred that the Mayor place this issue on an agenda as appropriate. SilknaiVe for recognition of accomplishments/achievements. Commissioner Eckstein reported a Sanford Uniform, baseball bat and hat are hanging in Cooperstown. There is only one city in the United States each year that has their uniform hung there. There has been nothing in the paper, and nothing done by the City Commission, the School Board or the County Government to commemorate that. Also, Matt Kuchar won the Amateur Open. He reported Jimmy Courier.was born in Sanford, and Sammy Raines was . arguably the best athlete to come out of Sanford. He would like to see a very large sign saying ~'Welcome to Sanford, birthplace of (famous athlete or person), hometown of (winning team, etc.)" to showcase Sanford. The Commission discussed working with Outdoor Advertising, Seminole County, or 3M, or purchasing our own billboard. Commissioner Lyons reported he would like to see the benefit of such a sign compared to the cost. Mr. Simmons reported he will look into the signage issue and get back with the Commission, and also schedule the presentation of a plaque and resolution to the championship baseball team at a Commission meeting in the near future. Reports from DCA and Airport representative regarding Airport Development. Steve Cooke gave a history of the Airport's interaction with the DCA and reported the Airport had a clearance letter from the DCA for a touch-and-go runway. He reported they had a meeting on September 10, 1997 which lead to a violation against the Airport on September 17, 1997 primarily driven by the Audubon Society, because of a situation where an eagle' s nest had been removed by cutting a tree, but there were other violations listed. As a result the Board engaged the legal firm of Hopping, Green, Sams & Smith who has done a tremendous amount of research. He reported they will be having a meeting involving the legal firm, the Mayor and DCA tomorrow and most of these issues will probably be resolved. E405354 MINUTES City Commission, Sanford,'Florida WORK SESSION October 13 1997 ii Betsy Bowman of Hopping, Green, Sams and Smith in Tallahassee, reported she is a land use lawyer, specializing in Developments of Regional Impact. Ms. Bowman explained what a DRI is and what impact it has on entities. The violation notice the Airport received on September 17 was issued by the Department of Community Affairs and was an Administrative Legal Complaint which becomes final unless the Airport Authority files a request within twenty days for an Administrative Hearing. The focus of the Administrative Complaint was whether the main East/West runway at the Airport was a DRI, because it was heine extended by 25%, and that is automatically a DRI under the statute if not vested. A petition has been filed rextuesting an Administrative He~ring disputing the fact and status of that runway extension as a DRI. Ms. Bowman reported she has been working with the Department of Community Affairs staff and both sides are hopeful all pending issues can be resolved witbout any litigation. A Motion to Abate the litigation, or suspend it while they continue negotiations, was filed simultaneously with the petition. Each party has a right to say the negotiations are not going anywhere and reactivate the litigation. She expects the Motion to be granted by the DCA sometime this week so there will be an abatement of any active litigation. Ms. Bowman reported the Commission had been provided with an analysis concerning the application of the Development of Regional Impact Law and the facts as they exist at the Sanford Airport. She reported her analysis is that the runway activities are either exempt under certain provisions of the statute, or major portions of the existing runway are vested under the DRI because they were built and active as a military airfield prior to July 1, 1973. There is a training runway, which is a touch-and-go rimway, which her firm believes qualifies for a different exemption under the DRI statute because it is being proposed for safety reasons and does not have the potential to increase aircraft activity. They are also reviewing the status of two prior terminal expansions which would have been presumed not to be a DRI when built, because they were built at a non-hub airport, and under industrial use. The activities that have occurred since 1973 either occurred on vested property or are not subject to review due to the industrial activity, or, even if they weren't vested prior to 1973, they are too small at this time to be a DR[. On October 3, 1997 IV[r. Cooke wrote Tom Beck of the DCA requesting that certain high priority, imminent projects be released from the "no development" prohibition that came along with the Administrative Complaint. The preliminary signs Ms. Bowman is getting from the DCA staff is they are probably going to recommend internally that all but the touch- and-go runway be released and able to proceed. That would mean that the fire station, security system, taxiway B-West, air cargo building and a parking lot transition project will be released to proceed in the very near future. The Airport Authority has instrnctexi Ms. Bowman to continue negotiations with the DCA and try to work out a form of settlement agreement with the Department of Community Affairs which would be a very flexible agreement It is her recommendation that the Airport not volunteer to be a DRI because of the cost and other consequences that go with DRI review, which takes about twelve to eighteen months and can cost about a quarter to a half a million dollars, not including litigation costs for any offsite impact. Development that is subject to DR[ review cannot proceed during that eighteen month review period, it must await approval of the final development order, and any changes to a project that is a DRI must undergo subsequent DR[ review, and amendment proc, esses that can take three to five months. Ribbon Cutting, Mayor Dale reported there will be a ribbon cutting ceremony at Fences Gift and Card Shoppe on Saturday and he will not be able to attend. Commissioner Lessard offered to represent the City at the ribbon cutting ceremony. E405354 /-/[ MINUTES City Commission, Sanford, Florida WORK SESSION October 13 97 Draft Letter A~reement with PRA for Fort Mellon Park Development. City Attorney Colbert reported he was asked at the last Commission meeting to check the title to Fort Mellon Park and make a preliminary draf~ of an agreement, and both have been accomplished. The title documents provide no restrictions in the City's ownership of the property that would prohibit it from being utilized for Public Purpose. The City acquired this property in different pieces, from the Civic Center down to New Tribes, back in the earIy 30's, and about 1935 the City dedicated, by Ordinance, that property to public use for a park, but reserved the right to use so much or such parts of the land as described in that Ordinance for such a municipal or other public purpose as its goveming authority may deem necessary. He reported a very preliminary draft of a memorandum of agreement has been prepared, which the Commission and the developer received a copy of. No objections to that draft have been raised by the developer. The Commission had no questions or objections to the draft of the memorandum of agreement and concurred that the City Attomey move forward to get a final agreement processed. Government in the Sunshine rules. City Attorney William Colbert reported he would talk about four issues: The Sunshine Law, Ethics in Government, Personal Liability of Public Officers and Access to Public Officials. The Government in the Sunshine Law, or the Public Meetings Law, applies to the Commission, the City Attorney, Mr. Simmons, the City Staff and the agencies of the City'. The law says that all meetings of any board or agency of the State, at which official acts are to be taken, are declared to be Public Meetings. The legislature, with this law, was trying to open up government so that decisions are made so that the public has access to the decision making process. What it ultimately means is there will not be any communication between two or more members of a board or agency about matters which would come before, but are not done in, the public. Communication by telephone, by memorandums, by E-Mail, or by conduit are all prohibited by the Public Meetings Law of the Sunshine Law. It applies to advisory boards as well as elected boards, appointed boards and temporary boards. Official acts are a series of actions which lead up to the final decision, the entire decision making process that is subject to the Government in the Sunshine. Three areas are exempt from the Government in the Sunshine: discussions between the Chief Labor Negotiator and the Legislative Body relating to a Collective Bargaining Agreement or a report on it, discussion relating to the security of public buildings, and Executive Sessions between an elected body and its attomey which can include the Chief Executive officer of the City, such as the City Manager, to discuss pending litigation and settlement of that litigation (an actual lawsuit or one than is imminent, not one that is simply foreseeable), and the meeting has to be requested by the City.Attorney and has to be related to the settlement of cost containment of such litigation. There are about 34 conditions regarding this meeting, and all information must be released to the public after the litigation if over. If someone knowingly and willingly violates the Government in the Sunshine Law it is a misdemeanor of the second degree punishable by a $500 fine and up to 60 days in jail. All other violations, not knowingly and willingly, are punishable by a fine of up to $500. Any action taken in violation of the Sunshine Law is void from the beginning and the people who violated the Law are ultimately riseally responsible for any contracts voided because of the violation. Ethics in Government is Chapter 112 of the Florida Statutes, passed in the I970's. The Ethics Commission was appointed as the official enforcer and decision maker as it relates to Chapter 112. Chapter 112 applies to officers, employees and a lot of advisory bodies (including the City Attorney, the Commission, City Manager, officials such as City E405354 MINUTES City Commission, Sanford,'Florida WORK SESSION October Clerk, Purchasing Agents, etc.). It is divided into two categories, the ten prohibitions and the disclosure requirements. The ten prohibitions include: soliciting or accepting gifts, accepting compensation or things of value which would be known to influence your action, .doing business with your own agency, holding employment or contracts posing a recurring conflict, attempting to use your public position to obtain special privileges, disclosing or using information not available to the public for your personal benefit (insider information), serving on two bodies at one time for compensation, serving as a member of a State Licensing Board while holding a license from it, Legislators representing another person for compensation during their term of office, and some post employment restrictions such as a one or two year restriction after you are a City Commissioner of serving on another hoard or agency of the City. If a member Of the City Comission has a conflict of interest he is required to disclose that conflict of interest, not to vote on that issue, and to file with the City Clerk within fifteen days a Conflict Memorandum. The Financial Interest Disclosure Form applies to the City Attomey and Commissioners, to be filed before running for office, and on an annthai basis. The gifts issue states public officials are prohibited from accepting a gift worth over $100, including a meal in which the official and spouse would consume over $100 in food and beverage. Over $100 consumed the official would have to pay for himself. If it is more than $25.00 the official must report it on his Financial Disclosure form. Chapter 768.28 talks about Personal Liability potential and states elected public officials are not liable in tort (injury because of a city employee doing assault and battery for example) unless that act occurred outside their employment or their office, unless it is the policy of the City that has been adopted. Bad faith, maiicious purpose, or wanton and willful disregard for human rights, safety or property are the exceptions where the public official could be liable, but it is not vicarious. A public official has absolute immunity in his legislative capacity, and has qualified immunity when the employees of the City are acting under the scope of his authority. FIorida Statute 11 t.07 authorizes the hiring of an attorney, at the City's expense, to defend the official if the claims against him occur while he is acting in his official capacity. The Commission is the Executive, Legislative and Judicial branches of the City Government, and wears different hats at different times. As the executive branch it has responsibility for the Police Department, Fire Department, City Manager, and Policies that the City makes. It acts legislatively when passing an Ordinance, Resolution, Compensation Plan Amendment, etc. Judiciai actions (quasi-judicial) actions include rezoning land and appeals from boards like Planning and Zoning where land is affected. Quasi-judicial communication is allowable if the communication is disclosed, but the disclosure must be made before or during a public meeting and included in the record before a vote is taken, and if someone has a contrary opinion they would hav~ to be given a reasonable oppommity to re.~te or inquire about it. Direction to Staff re~arding solid waste RFP. City Manager Simmons reported the Commission has heard several recommendations from various vendors and some discussion from present employees and requested direction from the Commission. Commissioner Lyons reported whomever picks up the garbage needs to be responsible for the maintenance of alleys. Jerry Herman, Utility D/rector reported maintenance is normally done by the Sweet Department, not Solid Waste, although a lot of the maintenance in alleys is attributable to effects of the garbage trucks. Commissioner Lessard reported there is more opportunity for the employees in the private sector, which will be addressed in the RFP. Commissioner Eckstein reported 13 1997 E405354 MINUTES City Commission, Sanford, Florida WORK SESSION October 13 19.97 a lot of the employees are scared to death, so he wants to meet with the employees and tell them exactly what will happen to them if the City prepares an RFP and goes ahead with privatization. Commissioner Williams felt the City should not only look at saving money, but should protect the employees and their jobs as much as possible. The Commission concurred to proceed with an RFP for the Solid Waste function, and that the City should also bid on that RFP. Historic Sanford Memorial Stadium restoration desiffn RFP. City Manager Simmons reported the previous Commission had budgeted monies for the demolition of the Sanford Stadium. This Commission previously talked about using that unexpended money that was identified for demolition for restoration of the existing stadium. The first step would be an RFP to get a good cost estimate. Commissioner Eckstein reported there are people in Atlanta and other places who have seen the stadium and feel we could get funding from other sources once the stadium is restored to a point of usability. Commissioner Lyons reported the City should not bear the burden of the cost ofrestoration of a stadium, money should be obtained from other sources. He does not want to spend more money in the hopes of getting money back from other sources or making money; he wants to see a business plan before any more money is spent on the stadium. City Manager Simmons reported he will bring a business plan to the Commission along with the RFP. There being no further business, the meeting was adjoumed. Attest: City Clerk E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 1 319 97 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, October 13, 1997, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Witliams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attomey Will/am L. Colbert City Manager WiIliam A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citize~ Participation. Todd Bowan, 1920 Palmetto reported that a neighboris harassing him by making anonymous, unfounded complaints about him to Code Enforcement, the Police Department, and HRS, and requested that the City consider not accepting anonymous complaints about a particular location after a certain number of anonymous complaints about that location have been found to be unsubstantiated. Also, animal control has come to his house to investigate a barking dog. Commissioner Lyons requested that the next time someone is called to his house Mr. Bowan call him. Commissioner Lessard reported that the City should not be put in the middle of this kind of dispute. Mayor Dale reported the City will develop a solution. Mr. Alfred DeLattibeaudiere reported Citizen's Participation should not be No. I on the agenda. The citizens should have the right to speak any time during the meeting they feel they have something to say. Mr. DeLattibeaudiere felt his right to speak was being taken away. Mr. DeLattibeaudiere was assured that no rights were being taken away, the purpose of Citizen' s Participation is to allow the citizens to participate and speak to any item they felt was important that was not on the agenda~ All citizens still have the right to speak to issues on the agenda as they are discussed. Approval of Commission meeting minutes. Commissioner Lyons moved to approve the minutes of the Commission Meetings of September 15, 1997 Work Session, September 15, 1997 Regular Meeting, September 22, 1997 Work Session and September 22, 1997 Regular Meeting. 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 Hearine to consider SeCond reading and adoption Of Ordinance No. 3359. Ad published October 2, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, the adoption.of Ordinance No. 3359. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3359, entitled: AN ORDINANCE 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 13TH STREET (CELERY AVENUE) AN EAST 14TH STREET EXTENDED EASTERLY AND BETWEEN VALENCIA COURT EAST EXTENDED NORTHERLY AND MELLONVILLE AVENUE FROM RC-2 (RESTRICTED COMMERCIAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. F~,0~354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 13 1997 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 Public Hearing to consider second readin~ and adoption of Ordinance 3364. Ad published October 2, 1997. Mayor Dale reported the Commission would to, the adoption of Ordinance No. 3364. No one appeared. entitled: hear from those persons present to speak for, or in opposition Commissioner Lessard moved to adopt Ordinance No. 3364, AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE. NO 3361 TO PROVIDE FOR THE TEMPORARY AUTHORIZATION (NOT TO EXCEED SIX (6) MONTHS) OF A "BUILDING OFFICIAL" POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT RETROACTIVE AND EFFECTIVE FROM JULY 26, 1997; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lyons. Commissioner Lyons questioned how many code enforcement officers the City has fight now, and how many were allocated. Charles Rowe, Director of Community Development, reported the City has one code enforcement officer and two were allocated. Mr. Rowe .reported the City has four code compliance inspectors at this time, and the code enforcement responsibilities are being spread over those four. Right now the City is short two code compliance officers because of the way the State has set up the requirements. The City did have a contract code official but he left the City's employ. Mr. Rowe reported the City at this time has one Code Compliance Inspector I, one Code Compliance Inspector HI and one Code Enforcement/License Specialist. Commissioner Lyons reported that there has been one code enforcement position that has been vacant for a year, and if we are not going to fill that position it should be eliminated. City Manager Simmons reported that finding people who meet the qualifications of the State for these Code Compliance Inspector positions, particularly those which have to have the State certifications, is next to impossible. Jurisdictions are buying people from each other because they are so valuable. It has been discussed to contract with the County at $25.00 an inspection for these services. Once you go to the expense of having these people certified, there is no guarantee that you will keep them. The City can either hire people with more than one certification to do inspections in numerous building aspects, or increase the personnel allocation to hire five separate people to each do inspections on one building aspect. City Manager Simmons does not feel abolishing the position is the proper way to handle the situation. Commissioner Lessard asked who does the recruitment for the Code Enforcement and Building Inspector positions. City Manager Simmons reported that Personnel does the advertising, however if they advertise and no one is found, it is the responsibility of the Department Head and the City Manager, not Personnel. Commissioner Lyons reported his concern was for the Code Enforcement position that has not been filled permanently for quite some time, which has nothing to do with building inspections. Commissioner Williams reported that at some time in the future she would like to address the fact that the Personnel Director is not responsible for aggressive recruitment. She did not feel the Department Head should be responsible for recruiting. The motion was carded by vote of the Commission as follows: MINUTES City Commission, Sanford, 'Florida REGULAR MEETING October 13 97 19-- Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider tirst reading of Ordinance No, 3370, re: rezoning property lying between SR 46 and Coastline Road and between South White Cedar Road and Central Park Drive; H. D. Holsomback, owner. Ad published September 17 and 26, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3370. No one appeared. On recommendation of the City Manager CommisSioner Eckstein moved on the first reading of Ordinance No. 3370, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN, SAID AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND COASTLINE ROAD AND BETWEEN SOUTH WHITE CEDAR ROAD AND CENTRAL PARK DRIVE FROM AG (AGRICULTURAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILrrY, 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 Wifliams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readin? of Ordinances. A. Ordinance No. 3365. re: annexation of property (2609 Hiawatha Avenue), owner John W. And Juanira M. Beach.. On recommendation of the City Manager Commissioner Lyons moved to approve the first reading of Ordinance 3365, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SANTA BARBARA DRIVE AND ORLANDO DRIVE AND BETWEEN HWY. 17-92 AND HIAWATHA AVENUE (2609 HIAWATHA AVENUE), 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 B. Ordinance No. 3366, re: adopting revised BUilding Codes. On recommendation of the City Manager Commissioner Lessard moved to approve the first reading of Ordinance No. 3366, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& TO ADOPT THE 1997 EDITIONS OF THE STANDARD BUILDING CODE, THE STANDARD GAS CODE, THE STANDARD MECHANICAL CODE, AND THE STANDARD PLUMBING CODE, THE 1996 NATIONAL ELECTRICAL CODE, AND THE 1994 EDITION WITH THE 1996 REVISIONS OF THE STANDARD HOUSING CODE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E40~354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 13 19 97 Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye C. Ordinance No. 3367. re: correction to City Code Chapter 16, Sec. 16-3. On recommendation of the City Manager Commissioner Lessard moved to approve the first reading of Ordinance No. 3367, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE CITY CODE CHAPTER t 6, SECTION 16-3, ENTITLED TERM; PENALTY FOR DELINQUENCY TO REFLECT THE PROPER AMOUNT OF ADDITIONAL PENALTY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Wiltiams Aye Commissioner Lessard Aye Commissioner Lyons Aye D. Ordinance No. 3368, re: approving FOP COHective BarEaininE aEreement. On recommendation of the City Manager Commissioner Lyons moved to approve the first reading of Ordinance No. 3368, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE "COLLECTIVE BARGAINING AGREEMENT" BETWEEN THE CITY OF SANFORD AND THE FLORIDA STATE LOGE OF THE FRATERNAL ORDER F POLICE TO PROVIDE FOR WAGES FOR FY 97/98 (ARTICLE 37) AND CLOTHING ALLOWANCE (ARTICLE 15) FOR FY 97/98; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE OF OCTOBER 4, 1997. Seconded by Commission 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 E. Ordinance No. 3369. re: amending 28-30 of City Code re: utility bill late fee waiver. On recommendation of the City Manager Commissioner Williams moved to approve the first reading of Ordinance No. 3369, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 28, ENTITLED WATER, SEWERS AND SEWAGE DISPOSAL AND RECLAIMED WATER REUSE, SEC. 28-30 ENTITLED DELINQUENCY AND DISCONNECTION OF SERVICE FOR NONPAYMENT TO PROVIDE FOR A LATE FEE WAIVER POLICY; 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 Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Public Hearing to consider condemnations. City Manager Simmons reported this hearing is a formal procedure that the City is required to do as a first step toward the demolition of dilapidated structures unless the owner(s) brings these up to code; owners who proceed to F..A05354 MINUTES City Commission, Sanford, 'Florida REGUUAR MEETING & October 13 19 97 make reasonable progress toward correction of deficiencies can expect to be allowed time to make corrections upon written request. Attorney Michael Brown spoke on behalf of the United Negro College Fund regarding Condemnation No. 97-3 and 974. Attorney Brown reported the United Negro College Fund became the owner of the properties in question as a residuary beneficiary in a will. The United Negro College Fund has been trying to sell the properties, and has executed a contingency agreement with Golden Rule Housing and Development Corporation for Golden Rule to purchase these properties. Mr. Brown requested the condemnation proceedings be extended for 60 days, in anticipation that this sate will close prior to 60 days. If there are some immediate health or life safety issues that are affecting these properties the United Negro College Fund is willing to take immediate action to correct these issues. This would mean possibly boarding up the structures or mowing the exterior. Charles Rowe, Director of Community Development reported that the structure which is Condemnation Report #97-3 is in good condition and is only being recommended for condemnation because it has been abandoned and there is ease of access tO vandals, etc., and the structure which is Condemnation Report #974 is stmcturally dilapidated. Mr. Rowe also reported that if the Commission at this meeting elects to condemn a property, the owner/representative will have time to bring the properties into compliance which will be a period of as little as 30 days, or as many days as the Commission allows them, if progress is being made. If at some point in time after that initial time the property is not repaired, he will come hack to the Commission and request the Community Development Depamnent be authorized to initiate a title search, and that the properties be razed. Commissioner Lyons reported that he wants the citizens to be aware that even if their property is condemned they have thirty days to show significant progress toward bringing them into compliance. Mr. Rowe recommended that Condemnation Report #97-3 be secured and Condemnation Report #974 be demolished. Mr. Brown requested the Commission to agree to let him secure Condemnation Report #97-3, and he will have his inspectors look at Condemnation Report #974 and recommend whether it does, in fact, need demolished. If it does, within 30 days they will move to have it demolished. Joseph Wiggins, owner of the structure listed as Condemnation Report #97-5 asked if he did work on the house, would the Commission give him additional time to complete the work. Mayor Dale reported that if Mr. Wiggins made significant progress towards repairs and came back to the Commission, they would give him more time. Charles Rowe reported that Mr. Wiggins needs to speak with Jay Marder before he starts the repairs to make sure that it is not a non-conforming property. Alberta Jordan asked for a thirty day extension to repair her property which was listed as Condemnation Report #97-7. She reported that it is a rental property and she agreed that work does need to be done. Mr. Rowe reported that because this is a rental property Ms. Jordan would need to hire a licensed contractor to do the repairs which would be quite an undertaking. Reverend Bennett reported he recently purchased the property at 1502 W. 7th Street listed as Condemnation Report #97-11 from Carolyn Moore, and it is his intention to renovate this property. He reported he has a builder he is working with and who has contacted Dan Flofian to discuss what needs done to the property. Reverend Bennett just wanted to acknowledge that he had received the letter and is working to correct the problems. E4053S4 MINUTES City Commission, Sanford, Florida REGULAR MEETING October q3 77 James Fewerbacker, representing Susan and David Lebis, owners of the property listed as Condemnation Report #97-16, reported he would like to work with the City to get enough time to sell the building and land, or tear the building down and sell the land, and that he would keep the building from being unsightly and unsafe until it can be sold. The water and electric~ have both been turned off to the building. Mr. Fewerbacker does not want the City to demolish the building because of the cost, if it is demolished he would like to do it himself. William Kolodzeski, owner of the property at 811 Elm Avenue listed as Condemnation Report #97-18, reported he has been working on this property as he can afford it, has all the permits, has had an inspection on part of it, and has hired an architect and draftsman and has had the final plans approved by Dan Flofian. The problem seems to be he is not working fast enough to satisfy the City. He reported he has only been working on an addition, not on the main structure. He has done a lot of work since he received his condemnation letter on August 11, 1997. Dan Flofian, Building Inspector reported that Mr. Kolodzeski's permits are several years old and probably are expired, and the City needs to see completion;of this project. Mr. Kolodzeski reported that he was told in the past that the permits were good as long as the work was continuing, and he could work at his own pace as he could afford it. Mr. Rowe reported this case began as a Code Enforcement case which took place some time ago, and as time went on the property presented dilapidated conditions which caused the City to feel that it was time to bring this case to a conclusion. Mr. Rowe recommended the property be condemned unless the owner can give the City a schedUle to complete this project. Mr. Kolodzeski reported he will make the property safe, but he cannot promise when it will be complete. Mr. Flofian reported that permits are good for six months if no work is done, or twelve months after the last inspection. The last inspection was done July 2, 1996. The Commission advised Mr. Kolodzeski he needs to do what he can and make substantial progress within the next thirty days and they will consider an extension at the end of that time. Turner Clayton, Jr., owner of the property listed as Condemnation Report #97-19, reported that he was told by Dan Florian regardless whether he moves into the property and renovates it, or hires contractors to do the renovation, it wiI1 stilI be condemned because it is illegaIly spIit. Mr. Clayton reported he has owned the property for about ten years, has had a title search done on the property, and has title insurance on the property. He reported he has talked to the land use office, and they informed him Mr. Florian was in error. Dan Florian reported what Mr. Clayton was told is that he could not pull a permit as the owner/occupant because he is not the owner/occupant, and if it was condemned he couldn't restore it except in conformity with the City' s Land Development Regulations, which say if a building is more than 50% in non- compliance that it cannot be restored except in compliance with the City' s current Land Development Regulations. The property is in non-compliance due to a lot split. Mr. James Peterson reported on Condemnation Report #97-21 he has been doing work on the property at 1216 Lincoln Court but was stopped by a City Inspector. Mr. Rowe recommended that Mr. Peterson be given sixty days to repair the property. Tom Greene, 613 E. First Street, Sanford, Florida, representing Norwest Mortgage, Inc., the mortgage holder for the property at 210 S. Virginia Avenue listed as Condemnation Report #97-23, reported they have a foreclosure action pending which is scheduled for Stunmary Final Judgement on November 19, and they will hopefully own the property in mid December. They are willing to board up the property and to maintain the yard, and then sell it when they have taken it back in December. He requested an extension until such time as the ~e company can take the property E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 13 ~9 77 back. City Attorney Coibert reported that what Mr. Green is proposing to do is all he can legally do until his client takes ownership of the property. John Englehardt, 1524 E. Livingston Street, OrIando, Florida representing Margaret A. Jones, owner of properties listed as Condemnation Report #97-24, #97-25 and #97-26, reported that Ms. Jones specifically denies these properties meet the criteria for condemnation and that she will testify to that. Prior to April, Ms. Jones cooperated with the Sanford Police Department by letting them use one of her houses for surveillance. In April, Ms. Jones voluntarily boarded the properties and has kept those properties secured since then. Ms. Jones would like to accomplish whatever repairs may be necessary to put them in a habitable condition and to rent them again. Mr. Englehardt stated the Commission was using the condemnation process as a short-cut and a super hammer instead of Code Enforcement as it might be used. Mr. Engtehardt expressed concem that all three structures had been cited for exactly the same violations, some of which were on the interior which no one could get in to see. He reported Ms. Jones would like to have these structures removed from the condemnation docket. Charles Rowe reported that Code Enforcement has been trying to bring this case forward for the last two years and has been tmable to get proper service, and the only way they could get anything done was to go through condemnation. Mr. Rowe agreed that the condemnation process is a super hammer, but it works in getting peopIe' s attention when nothing else has done that in the past. Further, this property does fail under the guidelines of the Condemnation Ordinance. Mr. Englehardt reported he has not personally seen these properties, he is only reporting what his client has told him. Mr. Florian, who did the inspection on the properties, reported that in the spring he received a call from Commander Bronson who was in the process of making an arrest in one of the buildings that was occupied, and they asked him to come to the property because of its deplorable condition. He did go to the property and conducted an inspection of the premises, and he found numerous cede violations, electrical violations, and plumbing code violations in that particular building. Also~ in the structure directly to the east. The other structure, at 1017 Pine was unoccupied and was visually inspected from the outside. He made a general checklist of suspected and observed items that were in violation. The inspection was done in cooperation with the Police Depanment~ conditions were observed and so noted. An Intent to Condemn was posted on the same day as the inspection. Mr. Englehardt questioned if the inspection had been done in concurrence with the drug arrest in December, 1996. Mr. Florian reported it may have been, that the notice was posted the day of the inspection and the owner then contacted the City and advised the City she was going to correct the problems. Other than boarding up she did not bring them into compliance. Mr. Florian reported that in a case such as this the substandard conditions were observed, even though the windows were boarded up, the conditions were not observed as corrected, and the City Code does not allow property to exist with those substandard conditions. Mayor Dale reported that the condemnation procedure still allows Ms. Jones time to bring these structures into compliance so they wilI not be demolished. Mr. Englehart reported he takes issue with an inspection that takes place as much as six to eight months prior to any action being taken, other than the apparent posting of something on the door and reports being filled out based on assumptions made without inspections. His main concern is that the condemnation procedure is being used in lieu of the code enforcement procedure. Margaret A. Jones reported what she has to say probably has nothing to do with the houses; her lawyer was here because she didn't want to say anything. She reported her problem with the City started when she attended a meeting in City Hall with Jolmell Jackson concerning the sewage and drainage in Goldsboro, and coincidentalIy, she noticed that F_A05354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 13 1997 the water sets in Lincoln Court when it sets no where else. She had approached Mr. Simmons about her concerns and his response was an equation that there were 4000 residents in Goldsboro, and it was a 10 or 15 year project and it would take $10 to $15 million dollars to resolve the sewage and drainage in Goldsboro. Two days later Gary Winn called her and told her to lock her houses and hoard them up because Mr. Simmons has ordered the Building Department to pull her building cards and wants the City to condemn Lincoln Court. Mr. Winn informed Ms. Jones that her houses meet the minimum standards and they wouldn't do it. A lady named Kim told Ms. Jones' tenants that Mr. Simmons sent her to Ms. Jones property to make inquiries. One of the questions asked of her tenants was how much they paid Ms. Jones, and Kim was told $200.00 a month. The .Fire Inspector, Kim, said that Mr. Simmons told her to tell the people the houses had already been condemned, that she no longer owned the property, so don't pay Ms. Jones and don't move. That was four years ago. Ms. Jones reported Corporal Harden asked .her, and she gave him the addresses of all the .property she owns in Sanford, and he asked her if they could set up drag surveillance on her property. Corporal Harden asked her for keys to her houses, asked her to hang curtains and they asked her to cut hedges on all her properties. She admitted that the boards are pulled away from the building on Pine, and the sldrting is pushed under the houses where she assumed the Police slid under. She knows that the Police bring people who appear to be drug users and dealers with them, and she feels she has been abandoned, because she worked with the Police Department. Ms. Jones reported Mr. Simmons has ordered her to be destroyed, has used criminal tactics to destroy her, because he felt ihat if people started listening to her they would know that the odor they smell every day after five o'clock is methane gas which three people in Lincoln Court, in the past nine years, have died from. She alleged the City is releasing methane gases in the black community and on her property. She reported a pipe runs from Holly Avenue to Mulberry, which is not documented or permitted and it splits her property up. Ms. Jones alleged that the City used God as a shield by using a dying woman, Blanche Weaver, who had a heart attack trying to steal Ms. Jones property away from her, and lie for the City's sake to push Ms. Jones houses down and complain about them. The City rewarded Blanche Weaver by giving her a parking lot on an easement, a public right of way on Ms. Jones' property, where trees were piled up on her property for a year. She just paid Fossit Ground Works two weeks ago to clean up the City' s mess. Ms. Jones reported the idea is to destroy her as an individual, to financially break her. Further, each of the Commissioners was humble, concerned and considerate with every single condemnation that was spoken about, but when her name was called everybody muscled up and bent forward. She asked what the problem was. She stated they know the Commission is not going to spend any money in Goldsboro. She isn't meddling and trying to make movements, but she has been wronged, she has been double-crossed and she has been abandoned by the Police Department. Commander Bronson said he tumed in Lincoln Court because there was shit on the porch at 1212, and she stated that every one of her houses has screened in porches, and the City has no right going beyond the sidewalk and coming up on her porch. He said they condemned 604 because there was dog shit in the house and on the other hand the guy who they arrested in 604 in April told her to go get his jail records. Ms. Jones reported she had sent all the Commissioners and the Mayor a package in which he said he was an informant for the Police Department, ' which everybody has said. She stated "if it' s something I got you on, its for sale at a reasonable price ". She reported she is sick and tired of the games. She stated those houses have chipped boards and maybe some of the plumbing is hanging from under flg..m ,but questioned who did it. Did the drag dealers? Did the police? Corporal Harden has told her that he goes under hou~,,:.S~ ~nd in Lincoln Court there was one girl that went by and they grabbed her and snatched her under the house, E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING October 13 19 97 too. It cost her $90.00 to send copies to each of the Commissioners, and $15.00 to mail it. fithe Commission is going to ignore it, and believe that some of it is not tree and that she is a liar, then the City can vote to push her houses down fight now because there is something wrong with the system. She reported Mr. Simmons is giving orders directly to her, and when he was over there on September the 20th he gave her this look that would kill. Mr. Colben reported that the issue for the City Commission was Mr. Englehardt suggested that condemnation was not the appropriate manner to proceed on these properties, and he indicated a doubt whether or not the City had actually made an inspection of the property or been inside the property. The Commission has heard from the iuspector who has been inside two of the properties and described by way of personal observation his observation of the conditions of the property and why they are on the condemnation list. Ms. Jones had been given an oppommity to address the Commission which she has done, and that is her fight. It is the obligation of the Commission to now weigh what they have heard and the evidence they have seen and decide whether or not to proceed with condemnation on these three parcels. Charles Rowe read a phone message that was received in the City Clerk's office at 4:00 p.m. today from Richard Clemmons. This message was regarding 618 Mellonville Avenue, Condemnation Report #97-2, and 1605 West 7th Street (which is not before the Commission for action). The message read, "Properties on the Condemnation List. He is awaiting clear title on both properties and should be able to begin repairs within the next two weeks. He wants this brought to the attention of the Commission this evening". The Mayor asked if Mr. Clemmons was buying these properties from the Finches, and Mr. Rowe responded that be was. Commissioner Lyons moved that the structure in Report #97-19 at 1011 Holly Avenue be found unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structure, and give the owner sixty (60) days to repair or demolish; if owner fails to effect such demolition and removal or repair within said sixty (60) day period, the City shall demolish and remove the building and/or structure and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the City Manager, Commissioner Lyous moved that all structures in Report Numbers 97-1 at 1219 Park Avenue, 97-2 at 618 Mellonville Avenue, 97-3 at 417 E. 2nd Street, 97-4 at 410 E. 3rd Street, 9%5 at I402 Southwest Road, 97-6 at 2606 Hiawatha Avenue, 97-7 at 1222 Lincoln Court, 97-8 at 1515 Celery Avenue, 97-11 at 1502 W. 7th Street, 97-12 at 1314 Douglas Avenue, 97-13 at 1608 Peach Avenue, 97-14 a1406 W. 15th Street, 97-16 at 2200 French Avenue, 97-17 at 1408 W. 16 Street, 97-18 at 811 Elm Avenue, 97-21 at 1216 Lincoln Court, 97-22 at 1212 ½ Mulberry Avenue, 97-23 at 210 S. Virginia Avenue, 97-24 at t017 Pine Avenue, 97-25 at 604 E. 1 lth Street, 97- 26 at 608 E. 1 lth Street, 9745 at 816 W. 13th Street, and 9746 at 1033 W. 1st Street be found unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structures, and give the owners thirty (30) days to repair or demolish; if owners fail 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, F.405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 13 19 97 will be assessed as a lien against the properties. Commission as follows: Seconded by Commissioner Lessard and carried by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to remove Condemnation Report Numbers 9%9 at 519 Mellonville Avenue, 97-10 at 1602 W. 12th Street, 97-15 at 1004 Bay Avenue, 97-20 at 1609 W. 1 lth Street and 9747 at 2518 French Avenue from the condemnation list, as they have been repaired or demolished. 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 Policy regarding utility bill payment procedure. City Manager Simmons reported this is a policy to implement the Ordinance which is up for first reading. Commissioner Lessard moved to approve the policy regarding utility bill payment procedure. 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. Henry Sweet, a resident of Sanford, questioned why the water bill deposit is never returned to the customer. City Manager Simmons reported the City Auditors have consistently encouraged the City to increase its security deposit because historicallyby the time the City turns off utilities for non-payment, it has absorbed more losses than the deposit covers. This is why he recommended paying interest on those deposits protecting the City and its rate payers against those people who skip town. Alternatively, the City Commission could authorize to return deposits, and add an amount to each customers bill, on an annual basis, to cover the losses that are not covered by the fact 'that the deposits were returned. As it is now everyone receives interest on their security deposit which shows up as a credit on their October utility bill every year. Letter of request .to remove speed bump to alleviate floodinff in the 2700 block of South Park Avenue. City Manager reported this issue was tabled at the last Commission meeting. The people up and down Park Avenue are being questioned and this issue needs Staff review, then Staff will come back to the Commission if action is needed; otherwise it will just be a report saying they recommend to leave the speed bump alone. The Commission concurred to assign this issue for Staff review and recommendation. Request from New Tribes Mission to park (2) Recreational Vehicles on their property from November. 1997 to about June. 1998. Commissioner Lessard moved to approve the parking of (2) Recreational Vehicles on the property of New Tribes Mission from November, 1997 to about June, 1998, as in the past. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: FA05354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 97 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request to close Oak Avenue between 8th Street and ~th Street on October 31, 1997 for a Special Event. Commissioner Lessard moved to approve the closing of Oak Avenue between 8th Street and 9th Street on October 31, 1997 in conjunction with a Walk-A-Thon. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request to close First Street between Park Avenue and Palmetto Avenue on December 7. 1997 for Special Event. Commissioner Lessard moved to approve the closing of First Street between Park Avenue and Palmetto Avenue from 10:00 a.m. to 5:00 p.m. on December 7, 1997 for an Antique Fair in conjunction with Winterfest '97. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye The Commission directed the City Manager to provide a completed event form with Staff approvals for future Special Event requests. Condemnation Sta~s report/condemnation/removals from condemnation. CharlesRowe reported that the three items, Condemnation Report Nos. 96-3, 96-13 and 96-21 have been repaired or demolished and recommended they be removed from condemnation. On recommendation of the City Manager Commissioner Lyons moved to remove Condemnation Report Nos. 96-3, 96-13 and 96-21 from the condemnation list. Seconded by Commissioner Williams 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 Request to renew the LandScape Maintenance Contract for Righ3 of Ways - Town Center Mall with 5% increase in CoSt. Commissioner Lyons moved to approve the first extension of the annual contract for 12 months with Gator & Gator Landscaping Company for a total cost of $21,420.00. 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 E405354 MINUTES City Commission, Sanford, Florida REGUI~AR MEETING October 13 77 Contract with Florida Department of Community Affairs for funding assistance for Evaluation and Appraisal Report of Comprehensive Plan. On recommendation of the City Manager, Commissioner Lyons moved to authorize Staff to enter into a contract with Florida Department of Community Affairs for funding assistance of $14,069.00 to prepare the' Evaluation and Appraisal Report of the Comprehensive Plan. Commission as follows: Seconded by Commissioner Eckstein and carded by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye FY 1997-1998 Fundine Agreement between the City of Sanford and METROPLAN ORLANDO includine an increase in the per capita assessment from $.50 to $.75. Commissioner Eckstein moved to authorize the Agreement between the City of Sanford and METROPLAN ORLANDO including an increase in the per capita assessment from $.50 to $.75. Seconded by Commissioner Willjams 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 Disposal of scrap dumpsters. Commissioner Lyons reported he will abstain from voting and will file a conflict of interest statement. Commissioner Lessard moveddeclare the 15 containers junk, delete from the Solid Waste inventory, and authorize to'sell to Jennings Environmental as scrap metal at $3.00 per 100 pounds. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Abstained Request from Seminole County Teachers Federal Credit did not use. Union for credit of $1.098.86 for past bills on a meter they City Manager Simmons reported the Credit Union installed a well in 1993 and no longer used the water from this meter, however they neglected to tell the City or close out this account. They have been paying a minimum bill since March, 1993 based on a 2" meter. The City has now finsled this account at the request of the Credit Union. They are requesting a credit of $1,098.86. The City records show no consumption since March, 1993 with a total paid since that time of $1,278.58. City Manager Simmons agrees with the Utility Director's recommendation to allow only a 12 month credit since it was their responsibility to notify the City and terminate service at the initial time. On recommendation of the City Manager Commissioner Lyons moved to authorize a 12 month credit of $280.56 to the Seminole County Teachers Federal Credit Union for past bills on a meter they did not use. Seconded by Commissioner Williams and carried by vote of the Commission as follows: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFF DATE ON WHICH VOI'E ~'CURRED MY ~Sll'ION IS: ~~ ~ ~ 3 APPOI~IVE ' WHO MUST FII~ 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 SectiDn 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in'making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of'interest will Vary greatly'depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing,the reverse side and filing the form. INSTRUCTIONS FOR C0MPUANCE WITH SECTION 'H2.3'143' FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipaL, Or other~ local public office MUST ABSTAIN from voting on' a measure wl'lich inures to his special private gain. Each local officer also iS prohibited' from knowingly voting on.a measure which inures to r~he 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~y, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures ~o 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 (before making any attemp~ to influence the decision) with the person responsible for recording the minu'~es of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately ~o the other members of the agency. · The form shoutd bc read publicly al the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOEI MAKE .NO A~TTEMPT 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 th, e minutes of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. [(elta'y/2, L/. a/S . hereby disclose that on O C T o t/~ (a) A measure came or will come before my agency which (check one) .... inured to my special private gain; or vfinured to the special gain or fi'~ Y (b) The measure before my agency and the nature of my interest in the measure is as follows: " C 4--t - Da-'e Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: INIPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SA. LARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E405354 MINUTES City Commission, Sanford, 'Florida REGUbAR MEETING October 13 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Agreement for Golf CourSe Irrigation System maintenance at Mayfair Golf Course. City Manager Simmons reported this is an irrigation system the City installed a number of years ago as part of its reclaimed water irrigation system to maximize irrigation on the golf course. The City rebuilt the irrigation system at the Golf Course and the City has found it in its best interest to keep it running and utilizing the maximum reasonable amount of water. The question is who can best observe the problems and fix them. Paul Moore, Utility Director reported the City is obligated to maintain the irrigation system at the Golf Course, and has been since it was installed. There are two City employees who spend 75% to 80% of their time at the Golf Course for maintenance. This has not worked real well because the City maintenance crew and the Golf Course maintenance crew do not always agree and work well together to alleviate problems. The Golf Course would like to take · over the maintenance themselves. This would save the City a some money, and the two City workers would be available to increase inspection services. The Commission discussed different ways to use the reclaimed water that would be more economical than paying someone to use it after giving them free water on leased land that we get no money from, and have put the system in. City Manager Simmons agreed to obtain more information and bring this issue back at the next City Commission Work Session or Regular Meeting. Adoption of Resolution No. 1766, re: initiatine rezonine property at NW corner Of Hardy Avenue and 251h Street. Mayor Dale reported that this would be an administrative fezone due to the fact it was omitted from adopted zoning maps. The Director of Planning and Development recommends .the City administratively rezone the property from RC-1 to GC-2. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition No one appeared. Commissioner Lessard moved to adopt Resolution No. 1766, to the adoption of, Resolution No. 1766. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, DIRECTING THE ADMINISTRATIVE OffICIAL TO FILE AN APPLICATION TO REZONE A PORTION OF PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN HARDY AVENUE AND THE VACATED ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY FROM RC-1 (RESTRICTED COMMERCIAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; WAIVING THE FEES FOR SAID REZONING APPLICATION; DIRECTING THE CITY CLERK TO FILE THIS RESOLUTION WITH THE ADMINISTRATIVE OFFICIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Adoption of Resolution No. 1767 proclaimin_o FlOrida City Government Week. Commissioner Eckstein moved to adopt Resolution No. 1767, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORID& RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 19-25, 1997, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 13 19-- 97 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 Boards: appointment~s/reappointments/resignation. Board of Adjustment: The City Clerk reported the terms of Henry Sweet, Jr. and Sylvia Smith expire October 14, 1997 and they both want to be re-appointecL Commissioner Lessard moved to reappoint Henry Sweet, Jr. and Sylvia Smith to the Board of Adjustment. 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 Law Enforcement Options Committee: The City Clerk reported Linda Kuhn has declared a conflict of interest and cannot serve on this Committee, and Phillip D. Jackson has resigned from this Committee. Commissioner Lessard moved to appoint Cynthia Kenchick Oliver to the Law Enforcement Options Committee to replace Linda Kuhn. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Wiltjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Keyin Hipes to the Law Enforcement Options Committee to replace Phillip D. Jackson. 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 Waterfront Master Han Steering Committee: Commissioner Lyons moved to accept the resignation of Martha Yancey from the Waterfront Master Plan Steering Committee. 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 There was a consensus of the Commission not to appoint a replacement to this board. Recommendations from Plannine and Zoning Commission Meeting of September 18, 1997. Commissioner Lessard moved to approve the final plat for Country Club Park, Phase It, phase two of three for a single family residential subdivision, lots 71 thru 157, located in a PD, Hanned Development Zoning District. Seconded by Commissioner Williams and carried by vote of the Commission as follows: E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 13 1997 Consent Agenda. A. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Bid Tabulations. 1. Bid Tabulation #96/97-111, 3 Chlorine Scales (Utility Department). City Manager Simmons recommended acceptance of alternate bid from Sanford Scale in amount of $2,995.00 for all three units. (This bid did not meet bid specifications in every detail but met the intent of the bid and is acceptable. Sanford Scale' s First Weigh brand scale is judged equal to the specified Fairbanks model). 2. Bid Tabulation #97/98-01, Tractor Mounted Boom Mower (Street Division, Public Works Department). 'City Manager Simmons recommended acceptance of the bid from the one vendor meeting specifications, Robinson Equipment, Orlando in total amount of $27,349.00. 3. Bid Tabulation #97/98-02, Automotive Paris (Public Works). City Manager Simmons recommended acceptance of the overalI lowest bid from Sanford Auto Parts, Inc. - Sanford. 4. Bid Tabulation #97/98-03, Heavy Duty Brake Parts (Public Works). City Manager Simmons recommended acceptance of the overall lowest bid from Southern Truck Equipment Service, Inc. - Orlando. 5. Bid Tabulation #97/98-04, Alternators & Starters (Public Works). City Manager Simmons recommended acceptance of the overall lowest bid from Mike' s Auto Electric, Inc. - Sanford. 6. Bid Tabulation #97/98-05, Radiator Repairs (Public Works). City Manager Simmons recommended acceptance of the overall lowest bid from Sunrise Radiator & Auto - Orange City. 7. Bid Tabulation//97/98-06, Transmission Repair (Public Works). City Manager Simmons recommended acceptance of the overall lowest bid from Transco Transmission - Longwood. 8. Bid Tabulation #97/98-07, Water Storage Pond and Lakes Treatment (Recreation and Parks). City Manager Simmons recommended acceptance of bid from Aquatic Biologists, the low bidder meeting specifications, for monthly inspection and treatment of Lake Carola (Ft. Mellon Park) and Lake Gem (Lake Gem Park) for the fiscal year 97/98 in total mount of $1,080.00. Requests for payment of statements. 1. From Public Administration Service for Police Management study for month of August, 1997 in amount of $16,445.00. 2. From Universal Engineering Sciences for Soil Testing for Sanitary Sewer Rehabilitation for Areas Tributary to Ft. Mellon Lift Station in amount of $119.70. 3. From Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A. for Professional Services for September, 1997, in amount of $9,072.50. Approval of vouchers for September, 1997. E405354 MINUTES City Commission, Sanford, Florida REGUUAR MEETING October 13 19-- 97 Commissioner Eckstein moved to accept bids for items A, 1 through 8 as recommended by City Manager Simmons, approve payment of statements in item B, 1 through 3 and approve vouchers for September, 1997 per item C. Seconded by Commissioner Wiltiams 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 Invoices paid during the period for previously approved lump sum contracts. The Commission had no questions regarding the ten invoices in total amount of $40,732.24 from Conklin Porter and Holmes Engineers, Inc. ($1,133.66, $1,9I 8.13, $208.12, $1,721.04, $8,065.17, $7,822.73, $7,068.88, $1,712.46 and $8,232.05) and Pardue Held, Church, Smith & Waller, Inc. ($2,850.00) having been paid per City Commission approval on October 8, 1990 and November 5, 1991. City Attorney's report. No report. City Manl~er's report.. City Manager Simmons introduced the City's new Finance Director, Donna Watt. City Manager reported that the t997/98 budget for ~he Finance Department contains a budget item for replacement of the IBM 400 computer. The budget called for moving up to an IBM 500, but Staff is proposing to move up to the newest machine which is a 600. The 600 will process considerably faster than the 400 and cost $10,000.00 less. The City will be getting it for less than State contract because of our working relationship on software with HTE, which has a direct relationship with IBM and allows them to get the machine for considerably less than the State contract. Expected delivery would be five to six weeks. The Commission concurred to proceed with the upgrade as described. City Manager Simmons reported receipt of a request from Gerald Gross for donation of City services and materials for the Ritz Theater renovation and recommended approval. The Commission had no objection to the City providing approximately $500.00 of labor, equipment and materials to connect a roof drain to the City's storm drain in the vicinity of Second .Street as described in Memorandum dated September 9, 1997 from the Support Services Coordinator. City Manager Simmons reported Bid Tabulation #97/98-07, Water Storage Pond and Lakes Treatment (Recreation and Parks) included a bid item for maintenance of a water storage pond for reclaimed water at the Golf Course. On recommendation of the City Manager Commissioner Eckstein moved to accept the bid from Lake Doctor for maintenance of a water storage pond for reclaimed water at the Golf Course for a total amount of $660.00 per year. Seconded by Commissioner williams and carded by vote of the Commission as follows: City {~rk's report. No report. City Commissioners' reports. Mayor-Commissioner Date Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein: No report. E405354 MINUTES REGUbAR MEETING October 13 City Commission, Sanford,' Florida 19-- Commissioner Williams: No report. Commissioner Lessard: Reported there appears to be only two sidewalks in the Georgetown area, and he is hopeful that will b~ corrected before he is out of office. Also he reminded people of the encephalitis problem in the area. Commissioner Lessard reported it was a disgrace that the Florida Game and Wildlife Commission killed a huge alligator in Mayfair, and they had killed a dinosaur. The alligator should have been transported to Gatorland' Commissioner Eekstein reported the zoo would have taken the alligator, and probably paid for it. Mr. DeLattibeaudiere reported that he was forced to pay for sidewalks and he was told if he furnished the materials the City would put in the sidewalk, and he did that. Also, the City needs to show that there are sidewalks there. He agreed that not a lot of sidewalks exist around Georgetown, apparentlyit depends on who owns the property, and there are only sidewalks where some people have put them, and we need to establish a certain amount of uniformity in this City. Also, when he built a new house the meters to service his house were on the front next to the driveway. He had the City move them to the alley where there was a water main pipe. About two years later there was a water leak in front of the driveway. The City crew came and broke up the sidewalk in front of his house, and his driveway, to get to a water line that was rotted out because it was not properly capped off The City and he agreed that the sidewalk and driveway were to be replaced. They agreed to wait until he could get the material he had used before, and they would do the labor. He reported he hopes that this situation and that agreement is on record' Mr. DeLattibeaudiere also reported that when the City of Sanford started to lay the pipes on Sanford Avenue they informed him that the architect did not draw the plans right, because the pipes were on his property. They asked him to give them the right-of-way rather than have the plans redrawn. At that time he was told how much he would benefit from the reclaimed water, but as of yet, even though they dug up his sewer pipe and put down theirs, and they have this vacuum going all the while, he still does not have any reclaimed water to put on his yard or his lawn, and he wants to know what happened to that. He is going to hold the City to the promise of reclaimed water for the written, notafized easement that he granted it. Mayor Dale requested that the District Commissioner (Commissioner Lessard) get with Mr. DeLattibeaudiere and give the Commission a complete report at the next meeting. Commissioner Lyons: Reported Sandy Moore sent out a questionnaire from Greene and Dycus requesting some information, and they had grouped certain individuals as City Commission, etc. Where it said Administration, in parenthesis it said the Mayor, City Manager, etc..He did not understand if it was an oversight, or was the Staff under the impression that the Mayor was part of the Administration? Mr. Eckstein reported it was a mistake. Commissioner Lyons also reported that the Chamber of Commerce flag pole, that was donated by the Daughters of the Revolution, needs to be painted, The Chamber of Commerce is trying to do some improvements and the Director has asked if we can help get the pole painted and Commissioner Lyons suggested the City' s high-lift truck. Mr. Simmons reported that Ron Rose has already talked to him about this and he in turn has talked to Jerry Herman. Mayor Dale reported that the memorandum Commissioner Lyons referred to, that placed him as part of the Administration, was sent out by Sandy Moore at the request of Bill Royster. There being no further business, the meeting was adjourned. Attest: 97