072307 rm agenda & min.
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, JULY 23,2007
7PM
City Commission Chambers
1st Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
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This record Is not provided by the City of Sanford.
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AGENDA
Time ( approximate)
7:00 1)
2)
3)
4)
Meeting call to order by Mayor Kuhn.
Invocation.
Pledge of Allegiance.
Minutes.
April 23, 2007 Work Session and Regular Meeting; May 14, 2007 Regular Meeting.
7:05 5)
PRESENTATIONS/COMMENDATIONS:
A) Proclamation recognizing Sanford Fire Fighters for their continuous support for the Muscular Dystrophy Association
(MDA) and "Jerry's Kids".
7:10 6)
CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from
the Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items.
[Commission Memo 07-191]
A) Payment of $267,500 to the McClane-Tessitore Trust Account for the full settlement to 20/20 Media.
B) 2007 Interim Period Fuel Rate Adjustment Increase for Waste Services of Florida, Inc., in the amount of $25,765.59.
C) Waste Pro of Florida, Inc. front load commercial recycle rate reduction.
D) Proposal with Ron Sachs Communications to develop and implement a Voter Awareness Program for the
proposed Public Safety Complex bond referendum.
7:12 7)
PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding the item being considered. Public Hearings are not
intended to be a time for the public to obtain information about the subject matter of the hearing. (Hearing Sequence: 1st - staff; 2nd -
applicant/requesting party; 3rd - public; final - City Commission motion, discussion and action.)
A) Second reading and adoption of Ordinance No. 4049, amending the Comprehensive Plan regarding a Water
Supply Plan. Ad published July 18, 2007. [Commission Memo 07-197]
7:25 8)
FIRST READING OF ORDINANCES:
A) First reading of Ordinance No. 4063, annexing 133 N. White Cedar Road. [Commission Memo 07-194]
7:25 9)
OTHER ITEMS:
A) Sanford Museum Board - appoint an applicant for a term to expire November 4, 2008, and appoint an applicant for a
term to expire November 4,2009. [Commission Memo 07-192] [WS-1]
B) Sanford Housing Authority - approve Mayor Kuhn's reappointment of Melvin Philpot for term to expire August 7,
2011.
C) Approve the Final Plat for Riverview Townhomes. [Commission Memo 07-195]
D) Approve the Final Plat for Falcon Development. [Commission Memo 07-198]
E) Approve Tentative Millage Rate and Budget Hearing Date. [Commission Memo 07-200]
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION. Each speaker is allotted three minutes to speak and may present additional written material.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
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20/20 Media Holdings Transcript July 23, 2007
City Commission, Sanford, Florida
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ORIGINAL
3
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CITY OF SANFORD
5
CITY COMMISSION SPECIAL MEETING
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MONDAY, JULY 23, 2007
7
8
9 Meeting held at the Railroad Depot Room, 2nd
10 Floor at Sanford City Hall, 300 North Park Avenue,
11 Sanford, Florida, on Monday, July 23, 2007 at 5: 30 p.m.,
, $' t~
12 reported by Julie Evans, Court Reporter, Shorthand
13 Reporter and Notary Public, State of Florida.
14
15 APPEARANCES:
....,
16 MAYOR LINDA KUHN
COMMISSIONER RANDY JONES
17 COMMISSIONER VELMA WILLIAMS
COMMISSIONER JACK BRIDGES
18 COMMISSIONER ART WOODRUFF
CITY MANAGER ROBERT YEHL
19 ATTORNEY KENNETH W. McINTOSH
STENSTROM, McINTOSH, COLBERT, WHIGHAM & PARTLOW, PA
20 ATTORNEY JOHN T. CONNER
ATTORNEY JOSEPH FLOOD
21 DEAN, RINGERS, MORGAN & LAWTON, PA
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23
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PRO C E E DIN G S
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MR. McINTOSH:
I communicated in the hall, in
3
accordance with the usual practice.
There are no
4
individuals that are present and in attendance
or
5
desire to be in attendance with regard to the
..,
......
6
matter, 20/20 Media Holdings, Inc., versus the City
7
of Sanford.
At this juncture we would respectfully
8
request to move forward, in accordance with Chapter
9
286, with that which is categorized as a "Shade
10
Meeting," for purposes of bringing you up to
11
attention with regard to the matters that we have
12
heretofore sought information and authority from
13
the commission, which occurred on June 14, 2007,
14
beginning at five o'clock.
15
Those individuals that are present at this time
16
are all the members of the City Commission, the
,
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city manager, the deputy city manager.
I have
......
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released the city clerk in that we have an official
19
court reporter present.
The risk manager, Fred
20
Fosson, is present; I am present, as the assistant
21
city attorney, Kenneth W. McIntosh; and Mr. Joe
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Flood is here, as is our certified court reporter.
23
We may have a visit from Mr. Connor, who you will
24
recall was with us on June 14 in just a minute, but
25
we shall proceed.
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MAYOR LINDA KUHN:
Thank you.
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MR. FLOOD:
Thank you, Mr. McIntosh.
And I
3
understand that it is my duty at this time to
4
request, as the entity's attorney in this
5
litigation, advice from the council at the public
~~
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meeting, and then the public meeting is to be
7
adjourned and then the private "shade meeting" is
8
to be opened.
That's my understanding.
It's my
9
understanding also that at the "shade meeting,"
10
although I think this is wrong, public policy-wise,
11
but the statute permits only the City's attorneys,
12
the Commission, and the Executive Officer,
13
Mr. Yehl, to be present.
So I do want to do that.
14
And I am required to request the advice of the
15
council at the public meeting, and then the public
16
meeting is briefly adjourned, and the private
-
17
meeting is then initiated; the executive session is
18
opened up for fact finding, and that the time we
19
can conduct that business.
20
MR. McINTOSH:
You may proceed to seek
21
instructions at an open meeting, sir.
22
(Attorney McIntosh opened the conference room
23 door.)
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MAYOR LINDA KUHN:
He opened the door.
25
MR. FLOOD:
What we need to do is to close the
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public meeting at this time and then re-adjourn the
2
executive session.
And under the statute, the only
3
people that can be present at the executive
4
session, I think unfortunately, are the commission,
..,
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the city manager, and the attorneys.
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MAYOR LINDA KUHN:
So, then, Mr. Fosson and the
7
deputy city manager will leave the room, and we'll
8
close the public hearing.
9
(Mr. Fosson and Ms. Aday left the room.)
10
MR. McINTOSH:
In response to a second call in
11
the hall, there are no individuals that desire to
12
be present with reference to the matter 20/20
13
Holdings, Inc., versus City of Sanford.
14
MR. FLOOD:
Thank you, Mr. McIntosh.
15
MR. McINTOSH:
And Mr. Connor's announcement
16
has been made, in the event that he arrives.
17
MR. FLOOD:
The next thing is to open the
'}
.....
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private executive session.
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MAYOR LINDA KUHN:
And we now open.
20
MR. FLOOD:
All right.
And I appreciate all of
21
your time.
I know John -- I'm Joe Flood, by the
22
way; I'm probably the partner and the attorney.
23
For the record, John Connor is entering, my partner
24
at Dean, Ringers.
We are the attorneys that
25
handled the litigation of the 20/20 Media case,
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versus the City of Sanford.
And we are requiring
2
or requesting your assistance formally.
3
We recently had a mediation conference which
4
lasted virtually all day.
And I'm pleased to
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report, as pleased as you can be to report when
6
there are -- where the amount involved is as
7
significant as this, and of course I would like to
8
be able to report that the case settled for $5 or
9
that we received a summary judgment, but given the
10
posture of the case and the potential risks of the
11
case, I'm pleased to report that the mediation
12
resulted in a mediation settlement agreement.
And
13
I have a copy for each member of the council and
14
for the city manager of that mediation settlement
15
agreement.
16
At the mediation there were several lawyers and
--
17
parties, so at the conclusion of the mediation, the
18
lawyers and the mediator sit down and, you know,
19
old-school a mediation agreement in hand.
The
20
terms of the mediation settlement agreement -- of
21
course the first part is, it is subject to approval
22
by yourselves as the council
it requires a
23
payment of $267,000 by the City to 20/20, which
24
encompasses all potential damages including
25
attorney's fees and costs.
That payment, if
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approved, must be made on or before August 3rd.
2
It includes the execution of a complete release
3
and hold harmless agreement by 20/20 of the City
4
regarding the litigation, and an agreement that the
5
contract, which is the subject of this case, will
...,
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be null and void and neither of the parties will be
7
further bound.
8
It further provides that 20/20 will not have
9
any further dealings with the City and will not
10
attempt to resubmit proposals or RFPs for the
11
shelter work.
We did not want to get into a
12
situation where they would submit such a proposal
13
which might get turned down, if somebody else could
14
be turned to, and then there would be yet another
15
claim that we retaliated against them for this
16
litigation.
17
So while the settlement amount is certainly not
j
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an insubstantial amount, given the risks posed in
19
the case, which I understand my partner, John
20
Connor, went over at some length at the previous
21
Executive Session, we believe that it is certainly
22
within -- well within the guidelines of the
23
discretionary authority which had been tentatively
24
discussed at the previous meeting, and certainly
25
it's in the City's best interests.
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As an example
and I brought a copy, I'll
just reference it
but the plaintiffs in this
case had an expert report from a well-respected
Ph.D in Economics from the University of Central
Florida, who would testify and would testify
convincingly that the economic damages as a result
of the loss of this 20-year contract were about
$1.15 million.
We certainly had some arguments as
to that, but certainly there would have been a
significant economic loss, if a jury were to
determine, or a judge, that the contract was
breached.
In addition, we were provided information at
the mediation that, up through the date of the
mediation, the plaintiff's attorney's fees and
costs for the litigation, which included
significant expert fees, were about $220,000.
Which means that, had we gone to trial -- had we
gone to trial, that figure would have been
increased, probably 50- to $100,000.
So if had we
gone to trial and got what I believe would probably
be a victory and got an award of 50- to $100,000 by
the jury, the ultimate verdict or the ultimate
judgment would have been significantly more than
the settlement agreement.
Because the contract,
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the transit shelter license agreement, does provide
2
for prevailing party attorney's fee, 20/20 would
3
have been entitled to an attorney's fee, which
4
after trial I would estimate would have been in the
5
300- to $350,000 range, instead of $220,000.
~
~
6
MR. JONES:
Even if they were awarded a dollar,
7
we still would owe?
8
MR. FLOOD:
Probably.
A dollar makes it a
9
little more dicey, because then we would have an
10
argument that they really didn't prevail.
11
MR. JONES:
Sure.
12
MR. FLOOD:
But had they gotten -- I mean, they
13
were going to be trying to get over a million
14
dollars.
We were in Osceola County, and I think
15
it's likely that they certainly would have gotten
16
at least 50,000.
And then they would have been
.,
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17
entitled to that significant attorney's fee award.
18
MAYOR LINDA KUHN:
Commissioner Bridges was not
19
here, and Commissioner Woodruff, you were not here,
20
but I think at the end of the day, when
21
Commissioner Jones and Commissioner Williams and I
22
talked with Mr. Connor, I think we had authorized
23
up to $400,000.
24
MR. FLOOD:
That's correct.
25
MAYOR LINDA KUHN:
So this figure is a figure
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that I'm happy with, actually.
MR. FLOOD:
Well, and I appreciate that.
It is -- at the mediation -- and I was very
surprised, because we had previously made some
offers, formal offers, that did not include
attorney's fees, and the offers we were making at
the mediation, that the Plaintiff 20/20 was
actually responding to, actually were less than the
offers that we had made formally in pleadings.
And, for your information, their demand at
mediation was $1.3 million.
And I don't know to what extent John Connor
went into this at the previous meeting, but the
last dealing, the last official dealing we had with
20/20 was this August 22nd, 2001 memo from the City
to 20/20, which is a little ambiguous, about whose
is the ball in their court or is the ball in our
court, about who is do what.
And John actually had
met with Diane Cruz, who was the commission
liaison, whose testimony would have been very
damaging and basically indicated that it was her
understanding, after a meeting at this time, that
the ball was in our court.
And there is nothing else from August 2001, no
communications, no memoranda, no telephone notes,
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nothing, from then until December 18th, when
2
instead of sending a Notice of Default, which the
3
contract requires -- I'm believing that you've seen
4
the provision of the contract?
5
MAYOR LINDA KUHN:
Mm-hm.
...,
......
6
MR. FLOOD:
A determination that requires, you
7
can't just terminate the contract; it requires a
8
60-day Notice of Default, and giving the other
9
party in this case, 20/20, 60 days opportunity to
10
cure.
Rather than doing that, after having no
11
communication from August 22 until December 18, a
12
termination letter was sent, which we believe very
13
likely would have been determined to be an improper
14
termination.
The proper procedure would have been
15
to give notice of the default.
16
MR. McINTOSH:
Share with the commissioners who
J
17
were not present the significance of the Osceola
18
venue.
19
MR. FLOOD:
Well. . .
20
MAYOR LINDA KUHN:
It was significant.
Let's
21
just say that.
22
MR. FLOOD:
It was very significant, obviously.
23
COMMISSIONER JONES:
Joel Davis is a
24
businessman who has been connected very closely
25
with Osceola County for years and years and years,
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has a contract with them saying anything that
2
happens at all is going to happen in Osceola
3
County.
4
MAYOR LINDA KUHN:
Venue had to be Osceola
5
County.
6
MR. FLOOD:
That's exactly right.
Mr. Davis
7
is, as you point out, Commissioner, a fairly well
8
connected businessman, whose offices -- his primary
9
connections are through Osceola County; he is
10
politically connected there, a very savvy
11
businessman.
Coupled with the fact that, at least
12
when you have a jury in your home county -- and we
13
would certainly have hoped to have Sanford
14
residents as our jurors -- they have to think that
15
when they're rendering that verdict that if they're
16
going to do it, it's money that ultimately is going
17
to come from their own pocket.
An Osceola County
18
jury isn't going to care how they spend the City of
19
Sanford's money at all.
And they obviously are
20
going to have more sympathy, probably, for their
21
own.
22
So that was a very significant thing.
And the
23
reason that we had that also, by the way, the
24
contract, the transit shelter license agreement
25
specifically held or provided for an Osceola County
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venue, which the Court upheld, even though it was
2
challenged.
So that made it much more difficult as
3
well.
I think we would have done much better were
4
this in Seminole County.
5
MAYOR LINDA KUHN:
Well,
it is
Joe, just so
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you'll know, it is on our agenda this evening for
7
approval.
After having spent a significant amount
8
of time with Mr. Connor, listening to the case,
9
like I said, I think that this figure is probably
10
-- I don't think we'll do much better.
11
MR. FLOOD:
I agree.
12
MAYOR LINDA KUHN:
Like I said, it's on the
13
agenda this evening for approval.
14
MR. FLOOD:
It's my understanding that
15
Mr. Davis himself will be here for the public
16
meeting.
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MAYOR LINDA KUHN:
Well, this is on our consent
18
agenda.
19
MR. FLOOD:
For what it's worth --
20
MAYOR LINDA KUHN:
He just wants to be there
21
and hear us vote, mm?
22
MR. FLOOD:
I suppose.
And I don't think there
23
needs to be any discussion or the amount.
24
MAYOR LINDA KUHN:
It is on the consent agenda.
25
MR. McINTOSH:
When an item is on the consent
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agenda, there can't be any discussion.
MR. FLOOD:
All right.
Just a motion to
approve the settlement, approved, and move on.
MAYOR LINDA KUHN:
Right.
MR. FLOOD:
But he may be there.
And I don't
know if the press would come for something like
this; I can't imagine that they would, but you
never know.
MAYOR LINDA KUHN:
And maybe this isn't the
right venue, but as I think at the end of the
meeting before said, I know that this contract was
approved by the commission and then kind of
negotiated and signed by the former mayor.
Just as
a precaution, I'd like to see that somehow, whether
it be by ordinance or by charter, that all future
contracts for the City of Sanford have to be
reviewed by our legal counsel.
MR. YEHL:
Well, they do and this one was.
And
in addition to that, as I understand it, staff was
given direction to make some changes, particularly
as it related to the venue, and that was not done.
And that staff person isn't with the City.
MAYOR LINDA KUHN:
Any longer?
MR. YEHL:
Any longer.
MAYOR LINDA KUHN:
It's probably a good thing,
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isn't it?
2
MR. YEHL:
It's probably a good thing.
It is
3
for me and my blood pressure.
4
COMMISSIONER BRIDGES:
Since I wasn't at the
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last meeting, I spent a significant amount of time
6
with Mr. Flood, who I know as Joe, and I've known
7
him since he came to Sanford.
I hate to put this
8
on the record, Joe, but you're a damn good lawyer.
9
MR. FLOOD:
Type this up.
10
MAYOR LINDA KUHN:
I used to work with Joe.
11
COMMISSIONER BRIDGES:
We tried the case for
12
about three or four hours over a round of golf, and
13
then Joe has been kind enough to keep me abreast.
14
And the plain facts are, we had a bad contract; we
15
had bad administration of the contract; we had
16
venue in Osceola County.
And if they had hit a
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home run, we could have been looking at a million-
18
three to a million-five.
I told Joe that if he
19
could get us out for less than half a million --
20
and I don't like paying anybody a dime, but when
21
you're wrong, you're wrong.
And I think Joe and
22
his firm has done a great job for us.
23
I appreciate you doing it gratuitously.
24
This is only the second executive session I've
25
ever set through, I don't know if it's procedurally
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appropriate that we move to approve, here in
2
executive session?
3
MAYOR LINDA KUHN:
No.
4
That's a great question.
That has
MR. FLOOD:
5
to be done at the public session.
6
COMMISSIONER BRIDGES: My two cents worth is,
7
we write them a check and don't ever make the damn
8
mistake again.
Venue in Osceola County, my God.
9
What I told Joe is, I'm sitting in Osceola County
10
and I'm going to nail a municipality up in
11
Sanford:
"Sanford is a city, and it's the biggest
12
city in the county seat; they've got plenty of
13
money, and it's no money off our back."
So I have
14
to applaud Mr. Davis.
I mean, give the devil his
15
And how it got past staff, well, that's
due.
16
historical. But I think --
17
Well, I've got an idea.
MR. JONES:
18
MAYOR LINDA KUHN:
Certainly not on the record.
19
COMMISSIONER BRIDGES:
We approve it; Linda
20
signs it, as the mayor of the city; and we fund it,
21
and be done with it.
22
COMMISSIONER WILLIAMS:
Well, I have a question
23
I want to ask.
Because it is concerning the
24
agenda.
Do you still have to put it off and
25
approve it?
Is that what you're saying?
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1
MAYOR LINDA KUHN:
No.
2
COMMISSIONER WILIAMS:
Just approve at the
3
consent agenda?
4
MR. FLOOD:
At the consent agenda, at a public
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5
meeting that the public at least has the right to
6
be at.
The government can't take any official
7
action.
8
COMMISSIONER BRIDGES:
Like Mr. McIntosh says,
9
on the consent agenda, it does not allow
10
discussion and yee-haw, and "I got you," and second
11
guessing, and "Why are we doing this?"
12
Let's do it and be done with it.
13
MAYOR LINDA KUHN:
That's why it's on the
14
consent agenda.
15
COMMISSIONER BRIDGES:
Right.
And I assume we
16
17
COMMISSIONER WOODRUFF:
J
have the funds to pay it?
Where is it coming
18
from?
19
MAYOR LINDA KUHN:
It will have to come out of
20
reserves.
21
MR. YEHL:
Technically, it could -- I mean, it
22
might have required a budget adjustment.
But the
23
fact that you're approving this is, in fact, I
24
think, recognition that the only place the money is
25
going to come from is reserves.
We don't have this
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17
1
kind of change floating around.
2
MR. FLOOD:
I certainly appreciate the kind
3
words from Mr. Bridges, and I appreciate
4
Mr. McIntosh and the council setting this up.
I
5
think it's an excellent settlement, for what it's
6
worth.
It's a case that's always concerned me
7
somewhat.
The result, I think, was the result of a
8
great deal of hard work by John.
And Fred Fosson,
9
your risk manager, shouldn't be overlooked either.
10
He did a great job at the mediation, which was
11
quite contentious, I have to say, with people
12
storming out.
13
MAYOR LINDA KUHN:
That's what mediations are
14
usually about, isn't it, Joe?
15
MR. FLOOD:
Sometimes they are, and this one
16
certainly was.
But I'm pleased we were able to get
17
it done.
18
With regard to the comment about attorney's
19
fees, after I heard the amount of fees that had
20
been charged to the plaintiff and I know that we
21
have done more work than the attorneys for the
22
plaintiff, and it's significantly more than our
23
fee s . . .
24
MAYOR LINDA KUHN:
Adjust his rates, hm?
25
COMMISSIONER BRIDGES:
The under-billing theory
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1
is coming?
2
MR. FLOOD:
I thought there could be a slight
3
adjustment.
4
No, our firm, we've represented and had the
5
pleasure to represent the good folks at the City of
.,""
~
6
Sanford for many, many years and appreciate the
7
opportunity.
And it is always a pleasure to work
8
with all of you.
9
MR. McINTOSH:
We move to introduce one of
10
those agreements in the record, if you do not
11
mind.
12
MR. FLOOD:
No.
13
MR. McINTOSH:
John and I talked about it, and
14
I have a copy I can give to Linda.
15
MR. FLOOD:
I agree; I think that copy has to
16
be attached to the transcript.
It does not have to
~
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17
be referenced at the consent agenda meeting.
18
Just so all of you know, and you probably do,
19
at the time that this case becomes complete and
20
that the plaintiffs actually execute the release
21
that they're required to execute and dismiss the
22
case with prejudice, this transcript then becomes a
23
public record.
24
MAYOR LINDA KUHN:
Right.
25
MR. McINTOSH:
You will let us know in writing
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1
when that comes about, and we will not release it
2
from the clerk's office until we get the written
3
declaration.
4
COMMISSIONER BRIDGES:
So in the interim, do
5
you want these back?
6
MR. FLOOD:
Yes.
7
MAYOR LINDA KUHN:
If there's no further
8
business, then I guess this meeting is adjourned.
9
MR. FLOOD:
And I believe, Ken, correct me if
10
I'm wrong, that the next thing procedurally is that
11
the public meeting is then reopened, and you
12
announce the adjournment of the executive session
13
at the public meeting.
14
MR. McINTOSH:
Let me open the door first.
15
MAYOR LINDA KUHN:
So we've reopened the public
16
hearing.
And there being no further business, this
17
meeting is adjourned.
18
(Thereupon, the meeting was concluded at
196:05p.m.)
20
21
22
23
24
25
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20
1 C E R T I F I CAT E
2 STATE OF FLORIDA
3 COUNTY OF SEMINOLE
4
5
~
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I, JULIE EVANS, COURT REPORTER, certify that I
6 was authorized to and did stenographically report the
7 foregoing proceedings; and that the transcript is a true
8 and complete record of my stenographic notes.
9
10
I further certify that I am not a relative,
11 employee, attorney, or counsel of any of the parties,
12 nor am I a relative or employee of any of the parties'
13 attorneys or counsel connected with the action, nor am I
14 financially interested in the action.
15
16
Dated this 31st day of July, 2007.
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18
19
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JULIE EVANS, SSR
20
21
22
23
24
25
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City Commission, Sanford, Florida
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The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 23, 2007, at 7
PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Linda Kuhn
Vice Mayor Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Attorney William L. Colbert
Deputy City Clerk Cynthia Porter
Absent:
City Clerk Janet R. Dougherty
1) Meeting was called to order by Mayor Kuhn at 7 PM.
2) Invocation given by Pastor Larry Leonard, Grace Fellowship Congregational Church.
3) Pledge of Allegiance.
4) Minutes.
April 23, 2007 Work Session and Regular Meeting; May 14,2007 Regular Meeting.
Commissioner Jones moved to approve the Minutes. Seconded by Commissioner Woodruff and carried by
vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
5) PRESENTATIONS/COMMENDATIONS:
A) Proclamation recognizing Sanford Fire Fighters for their continuous support for the Muscular
Dystrophy Association (MDA) and "Jerry's Kids".
Mayor Kuhn read the Proclamation and presented it to Deputy Fire Chief Radzak and his Staff.
6) CONSENT AGENDA: [Commission Memo 07-191]
A) Payment of $267,500 to the McClane-Tessitore Trust Account for the full settlement to 20/20
Media.
B) 2007 Interim Period Fuel Rate Adjustment Increase for Waste Services of Florida, Inc., in the
amount of $25,765.59.
C) Waste Pro of Florida, Inc. front load commercial recycle rate reduction.
D) Proposal with Ron Sachs Communications to develop and implement a Voter Awareness
Program for the proposed Public Safety Complex bond referendum.
Item D was removed from the Consent Agenda
Vice Mayor Williams moved to approve Consent Agenda Items A-C. Seconded by Commissioner Bridges
and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
7) PUBLIC HEARINGS:
A) Second reading and adoption of Ordinance No. 4049, amending the Comprehensive Plan
regarding a Water Supply Plan. Ad published July 18,2007. [Commission Memo 07-197]
Commissioner Jones moved to adopt Ordinance No. 4049. Seconded by Commissioner Woodruff and
carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
8) FIRST READING OF ORDINANCES:
A) First reading of Ordinance No. 4063, annexing 133 N. White Cedar Road. [Commission Memo
07-194]
Commissioner Jones moved to approve the first reading of Ordinance No. 4063. Seconded by Vice Mayor
Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
9) OTHER ITEMS:
A) Sanford Museum Board.:... appoint an applicant for a term to expire November 4, 2008, and appoint
an applicant for a term to expire November 4,2009. [Commission Memo 07-192] [WS-l]
Commissioner Woodruff moved to appoint Dr. Stephen Wright for the term to expire November 4,2009.
Seconded by Vice Mayor Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
B) Sanford Housing Authority - approve Mayor Kuhn's reappointment of Melvin Philpot for term to
expire August 7, 2011.
Mayor Kuhn said that the term should be for August 7, 2010.
Commissioner Jones moved to approve Mayor Kuhn's reappointment of Me1vin Philpot for a term to expire
August 7, 2010. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
C) Approve the Final Plat for Riverview Townhomes. [Commission Memo 07-195]
Vice Mayor Williams moved to approve the Final Plat for Riverview Townhomes, with Development Order
No. 05-0001 incorporated and attached to the Plat. Seconded by Commissioner Bridges and carried by vote of the
Commission as follows:
116
MINUTES
City Commission, Sanford, Florida
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July 23,20~
E00514441DW
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
D)
Approve the Final Plat for Falcon Development. [Commission Memo 07-198]
..,
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...
Commissioner Jones moved to approve the Final Plat for Falcon Development. Seconded by Commissioner
Bridges and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
..,
I
.....
(Clerk's Note: The name of the Plat is "Rinehart Road Commercial", although it was presented as "Falcon
Development". )
E) Approve Tentative Millage Rate and Budget Hearing Date. [Commission Memo 07-200]
Commissioner Bridges moved to approve a tentative millage mte of 6.325, with the scheduled hearing to
take place on Monday, September 10 at 7 PM at City Hall.. Seconded by Vice Mayor Williams and carried by vote of the
Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Randy Jones Aye
Commissioner Bridges Aye
""""'"
..,..-.",AII
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
There being no further business, the meeting was adjourned at 7:47 PM.
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