091205 rm agn & min
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City Commission, Sanford, Florida
Regular Meeting Agenda
September -.1b. 2005
EPNll10n
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, SEPTEMBER 12,2005
7:00 P.M.
City Commission Chambe s
1st Floc r
Sanford City Hal
300 North Park Avent e
Sanford, Flori~ a
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PERSONS WITH A DISABILITY, SUCH AS A VISION, BEARING OR SPEECH IMPAIRMENT, OR PERSON S
NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETING S
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PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL AN v J..
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This record is not provided by the City of Sanford.
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AGENDA
1) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Lowman Oliver, St. Paul Baptist Church.
3) Pledge of Allegiance.
4) Minutes of August 22,2005, Joint Meeting, Work Session and Meeting.
5) PRESENTA nONS/COMMENDA nONS:
A) Proclamation declaring the week of September 26 - 30, 2005 Race Equality Week.
6)
PUBLIC HEARING: FY 2006 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized vi
tax (TRIM) notices mailed in August by the Seminole County Property Appraiser.
(A) Resolution No. 2020 adopting the tentative millage rate.
]
(B) Resolution No. 2021 adopting the tentative budget.
7) CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless d e
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.
A) Amendment to purchase order 27100 to CPH Eneineers. Inc.. to comply with the City's existing permit
through SJRWMD and prepare the detailed pollutant loading calculations and detailed mapping needed for
submittal of the annual reports for Water Quality Testing of Mill Creek pond for additional Stormwater
Credits~ $12,975.00 total cost.
B) Addendum to FY 2005-2006 annual Dispatch Services Alreement with the Seminole County Sheriff's
Office to provide dispatch services for the Sanford Police Department~ $483,741 annual cost.
C) Sanction in I the City Manaler's past practice of executinl Employment Aereements with all
Department Directors.
8)
PUBLIC HEARINGS: The purpose ofa 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: 1 st - staff; 2nd - applicant/requesting party~ 3rd - public~ final - City Commission
motion, discussion and action.)
]
A)
Second readine and adoption of Ordinance No. 3955 rezoning 2.02 acres at 2529 Old Lake Mary Road
from AG, Agriculture to GC-2, General Commercial~ Alan Dean Shoemaker, Applicant for owners
Secretariat Stable and Shoemaker Construction Co., Inc. Ad published August 31,2005.
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B) Condemnation of property at 918 Celery Avenue. Walter Ware and Thelma Ware, owners, Case #05-06
Notice sent to owner August 26,2005 (received August 29)~ property posted on August 12, 2005~ legal ac
published August 28 and September 4,2005.
C) Condemnation of property at 2102 W. 16th Street. Homer and Gussie Comer, owners, Case #05-11.
Notice sent to owner August 12, 2005~ property posted on August 12, 2005~ legal ad published August 28
and September 4,2005.
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D) Condemnation of property on Willow Avenue. parcel ID 30-19-31-522-0000-0041. John Lawson Heirs,
owner, Case #05-12. Notice sent to owner August 26,2005 (received August 16 by Janelle Walden);
property posted on August 12, 2005; legal ad published August 28 and September 4,2005.
9)
FIRST READING OF ORDINANCES:
A) First of two readinas of Ordinance No. 3956 amending the Special Events Policy. Tabled at August 22,
2005, Meeting.
10 OTHER ITEMS:
A)
919 Oak Avenue: Variances approved by the Historic Preservation Board on August 11,2005 (one foot
variance to the side yard setback to construct a garage and a seven and one. half foot variance to construct a
fence.
B) 119 Maanolia Avenue: Reduce $75,900.00 Code Enforcement lien by fifty percent to $37,950.00 as
recommended by the Code Enforcement Board on August 9,2005; Commercial Realty Group, Inc., owner,
Neil O'Brien, President.
C) S117.885 bid from Chinc;hor Electric to install the Generator System at the Sanford North Water
Reclamation Facility, with funding from Utility Reserves.
D) North Shore Revetment Pl'Qject: Joint Facilitation Agreement and proceeding with formal project bidding.
E) Appointments to the Planninw and Zonina Commission: Terms of Otto Garrett, Richard Huber and
Mike Skat have expired.
F) Resolution No. 2015 thanking and commending Commissioner Hipes.
G) Resolution No. 2016 calling a Special Election on November 8,2005 to fill a vacancy in the Office of City
Commissioner.
H)
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Resolution No. 2017 appointing a Canvassing Board for the November 8, 2005 Special Election.
Resolution No. 2018 designating the polling place and establishing early voting for the November 8, 2005
Special Election.
J) ResolutioQ No. 2019 calling a Special Run Off Election on November 29,2005.
K) Resolution No. 2022 providing for the transfer of the Parks and Grounds Operations Division from the
Recreation and Parks Department to the Public Works Department, and renaming the Recreation and Parks
Department the Leisure Services Department.
L) Rand Yard Commerce Center Final Plat. 700 N. White Cedar Road.
M) Third Amendment to Joint Participation Aareement Between City of Sanford. City of Lake Mary.
and Seminole County Providina for Reclaimed Water/Alternative Water Supply Distribution
Infrastructure. giving the City Manager the ability to negotiate and sign minor changes. Tabled at August
22, 2005 Meeting; work is continuing on this item for consideration on September 26, 2005.
N) Awreement with the St. Johns River Water Manaaement District for a $480,000 Cost Share (grant
toward construction) for the Mill Creek Reclaimed Water Storage Pond Project. Tabled at August 22, 2005
Meeting; work is continuing on this item for consideration on September 26,2005.
0)
CPR Enaineerinl Amendment #87-84 to provide engineering services for Mill Creek Reclaimed Water
Storage Pond, Filtration and Pumping System at a cost of$135,255, with Sanford's share in amount of
$45,986.70. Tabled at August 22~ 2005 Meeting; work is continuing on this item for consideration on
September 26~ 2005.
[ 11 CITY ATTORNEY'S REPORT.
12 CITY CLERK'S REPORT.
13 CITY MANAGER'S REPORT.
14 CITIZEN PARTICIPATION.
15 CITY COMMISSIONERS' REPORTS.
16 END THE MEETING.
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City Commission, Sanford, Florida
Regular Meeting Minutes
September 12, 2005
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The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 12,2005
at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Linda Kuhn
Vice Mayor Dr. Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
City Manager V. Eugene Miller
City Attorney William L. Colbert
Deputy City Clerk Cynthia Porter
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Absent:
City Clerk Janet R Dougherty
Meeting call to order by Mayor Kuhn at 7:00 P.M.
1)
2)
Invocation by Pastor Lowman Oliver, St. Paul Baptist Church.
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3) Pledge of Allegiance.
4) Minutes of AUIDst 22. 2005. Joint Meeting, Work Session and Meeting.
Commissioner Woodruff clarified that his motion regarding property at 1208 W. 15th Street was to conde
the property rather than demolish. Commissioner Woodruff moved to condemn the property at 1208 W. 15th Street and alio
thirty (30) days to repair or demolish the structure. Seconded by Commissioner Jones and carried by vote of the Commissi
as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Vice Mayor Dr. Williams moved to approve the Minutes, as amended. Seconded by Commissioner Jones
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carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
CITY MANAGER CONTRACT.
[Prior to tonight's meeting, City Manager Miller distributed Mr. YeW's employment agreement to t e
Commission.] Commissioner Jones moved to rescind the offer of employment made to Richard White, and to extend the 0 r
of employment to Mr. YeW. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Mayor Kuhn recessed the meeting at 7:02 P.M. in order to contact Mr. Yehl. Mayor Kuhn reconvened t e ]
meeting at 7:07 P.M. and announced that the new City Manager's name is Robert "Sherman" YeW, and that he will begin n
October 10, 2005.
5)
PRESENT ATIONS/COMMENDATIONS:
]
A) Proclamation declaring the week of September 26 - 30, 2005 Race Equality Week.
Mayor Kuhn read the proclamation.
6) PUBUC HEARING: FY 2006 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via t x
(TRIM) notices mailed in August by the Seminole County Property Appraiser.
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City Commission, Sanford, Florida Re2ular Meetin2 Minutes
September 12, 2005
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Mayor Kuhn announced that the percent (11.85%) by which the proposed millage rate (6.325 mills) exceeds the
rolled-back rate (5.655 mills).
(A) Resolution No. 2020 adopting the tentative millage rate.
r- Vice Mayor Dr. Williams moved to adopt Resolution No. 2020. Seconded by Commissioner Jones and carried
II.
by vote of the Commission as follows:
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Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
(B) Resolution No. 2021 adopting the tentative budget.
Commissioner Woodruff moved to adopt Resolution No. 2021. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Mayor Kuhn announced that the final public hearing to adopt a final millage rate and budget is to be held on
September 26,2005 at 7:00 P.M. in the City Commission Chambers
7) CONSENT AGENDA:
A)
Amendment to purchase order 27100 to CPH Engineers. Inc.. to comply with the City's existing permit
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through SJRWMD and prepare the detailed pollutant loading calculations and detailed mapping needed for
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submittal of the annual reports for Water Quality Testing of Mill Creek pond for additional Stormwater Credits;
$12,975.00 total cost.
B) Addendum to FY 2005-2006 annual D~atch Senices Agreement with the Seminole County Sheriff's Office
to provide dispatch services for the Sanford Police Department; $483,741 annual cost.
Commissioner Woodruff moved to approve Consent Agenda items A & B, with Item B taking $17,701.00 from
budget amendment rather than from reserves. Seconded by Commissioner Jones and carried by vote of the Commission as
follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
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C)
Sanctioninll the City Manager's past practice of executing Employment Agreements with all Department
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Directors.
After discussion, Commissioner Jones moved to table this item for two weeks, pending clarification whether
current directors/department heads who do not have a contract still have civil service protection and whether they can be fired
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at will. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
8) PUBLIC HEARINGS:
A) Second readi...g and ado.ption ofOnlinance No. 3955 rezoning 2.02 acres at 2529 Old Lake Mary Road from
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City Commission, Sanford, Florida
Rf'.glllar Meeting Miollte..4Il
Septembe~ 2005
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AG, Agriculture to GC-2, General Commercial; Alan Dean Shoemaker, Applicant for owners Secretariat Stables
and Shoemaker Construction Co., Inc. Ad published August 31, 2005.
Commissioner Jones moved to adopt Ordinance No. 3955. Seconded by. Commissioner Woodruffand carried
by vote of the Commission as follows:
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Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
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B)
Condemnation of property at 918 CelelJ' Avenue. Walter Ware and Thelma Ware, owners, Case #05-06.
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Notice sent to owner August 26, 2005 (received August 29); property posted on August 12, 2005; legal ad
published August 28 and September 4,2005.
After discussion, Vice Mayor Dr. Williams moved to condemn the property and to give the owners sixty (60)
days to demonstrate commitment to rehabilitate the property, with progress being made every thirty (30) days. Seconded by
Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
C) Condemnation of property at 2102 W. 16th Street. Homer and Gussie Comer, owners, Case #05-11. Notice
sent to owner August 12, 2005; property posted on August 12, 2005; legal ad published August 28 and
September 4, 2005.
]
After discussion, Commissioner Woodruff moved to condemn the property and to give the owners ninety (90)
days to rehabilitate the property, with progress being shown every thirty (30) days. Seconded by Vice Mayor Dr. Williams and
carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
D) Condemnation of property on Willow Avenue. parcel ID 30-19-31-522-0000-0041. John Lawson Heirs,
owner, Case #05-12. Notice sent to owner August 26, 2005 (received August 16 by Janelle Walden); property
posted on August 12, 2005; legal ad published August 28 and September 4,2005..
Vice Mayor Dr. Williams moved to condemn the property and to give the owner ninety (90) days to rehabilitate
the property, with progress being made in thirty (30) days, and that a progress report be provided in thirty (30) days. Seconded
by Commissioner Woodruff and carried by vote of the Commission as follows:
]
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
9)
FIRST READING OF ORDINANCES:
]
A) First of two readinp of Ordinance No. 3956 amending the Special Events Policy. Tabled at August 22, 2005,
Meeting.
(Recreation Manager Lisa Jones distributed a revised ordinance prior to today's Work Session.] Commissioner
Woodruff moved to approve the first reading of Ordinance No. 3956, with the change to item U that no waiver of fees will be
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City Commission, Sanford, Florida Regular Meeting Minutes September 12. 2005 ._
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approved for fund raising events. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
10)
OTIlER ITEMS:
A) 919 Oak Avenue: Variances approved by the Historic Preservation Board on August 11, 2005 (one foot
variance to the side yard setback to construct a garage and a seven and one-half foot variance to construct a
fence.
Commissioner Jones moved to affirm the Historic Preservation Board's approval of both variances. Seconded
by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
B) 119 Magnolia Avenue: Reduce $75,900.00 Code Enforcement lien by fifty percent to $37,950.00 as
recommended by the Code Enforcement Board on August 9, 2005; Commercial Realty Group, Inc., owner, Neil
O'Brien, President.
After discussion, Commissioner Woodruff moved to deny reduction of the lien. Seconded by Commissioner Jones
and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
C) $117.885 bid from Chinchor Electric to install the Generator System at the Sanford North Water Reclamation
Facility, with funding from Utility Reserves.
Commissioner Jones moved to approve the bid. Seconded by Vice Mayor Dr. Williams and carried by vote of
the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
D)
North Shore Revetment Project: Joint Facilitation Agreement and proceeding with formal project bidding.
Commissioner Woodruff moved to approve the revised Agreement and to proceed with formal bidding of the
project. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
E)
Appointments to the Planning and Zoning Commission: Terms of Otto Garrett, Richard Huber and Mike
Skat have expired.
Commissioner Woodruffmoved to reappoint Otto Garrett and Richard Huber, and to appoint Eddie Green as
a member rather than an alternate. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
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City Commission, Sanford, Florida
Regular Met'ting l\fjnvte, Sept..mh~r 14-2005
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Commissioner Woodruff Aye
Commissioner Jones Aye
F) Resolution No. 2015 thanking and commending Commissioner Hipes.
Vice Mayor Dr. Williams moved to adopt Resolution No. 2015. Seconded by Commissioner Woodruff and
carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
G)
Resolution No. 2016 calling a Special Election on November 8, 2005 to fill a vacancy in the Office of City
Commissioner.
Commissioner Woodruff moved to adopt Resolution No. 2016. Seconded by Vice Mayor Dr. Williams and
carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
H) Resolution No. 2017 appointing a Canvassing Board for the November 8, 2005 Special Election.
Commissioner Woodruff offered to serve on the Canvassing Board. Commissioner Jones moved to adopt
Resolution No. 2017, with the addition of Commissioner Woodruff to the Canvassing Board. Seconded by Commissioner
Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
I) Resolution No. 2018 designating the polling place and establishing early voting for the November 8, 2005
Special Election.
Commissioner Jones moved to adopt Resolution No. 2018. Seconded by Vice Mayor Dr. Williams and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
1) Resolution No. 2019 calling a Special Run Off Election on November 29,2005.
Commissioner Woodruff moved to adopt Resolution No. 2019. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
K)
Resolution No. 2022 providing for the transfer of the Parks and Grounds Operations Division from the
Recreation and Parks Department to the Public Works Department, and renaming the Recreation and Parks
Department the Leisure Services Departmen~.
After discussion, Commissioner Woodruff moved to adopt Resolution No. 2022. Seconded by Commissioner
Jones and carried by vote of the Commission as follows:
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City Commission, Sanford, Florida Regular Meeting Minutes September 12. 2005
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Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
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L)
Rand Yard Commerce Center Final Plat. 700 N. White Cedar Road.
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Commissioner Woodruff moved to approve the final plat. Seconded by Vice Mayor Dr. Williams and carried
by vote of the Commission as follows:
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Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
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M) Third Amendment to Joint Participation Agreement Between City of Sanford. City of Lake Mary. and
Seminole County Providin& for Reclaimed Water/Alternative Water SuPPb' Distribution Infrastructure.
giving the City Manager the ability to negotiate and sign minor changes. Tabled at August 22, 2005 Meeting;
work is continuing on this item for consideration on September 26, 2005.
N) Agreement with the St. Johns River Water Management District for a $480,000 Cost Share (grant toward
construction) for the Mill Creek Reclaimed Water Storage Pond Project. Tabled at August 22, 2005 Meeting;
work is continuing on this item for consideration on September 26,2005.
0) CPH En&ineering Amendment #87-84 to provide engineering services for Mill Creek Reclaimed Water Storage
Pond, Filtration and Pumping System at a cost of$135,255, with Sanford's share in the amount of$45,986.70.
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Tabled at August 22, 2005 Meeting; work is continuing on this item for consideration on September 26,2005.
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Commissioner Woodruff moved to continue Other Items M, N, and 0 to the meeting of
September 26,2005. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
11) CITY ATTORNEY'S REPORT.
12) CITY CLERK'S REPORT.
13) CITY MANAGER'S REPORT.
Mr. Miller reported that significant progress has been made regarding the public safety complex and that a full
report with alternatives will be provided at the first Commission meeting in October.
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14) CITIZEN PARTICIPATION.
15) CITY COMMISSIONERS' REPORTS.
16) END THE MEETING.
There being no further business, the meeting was adjourned at 9:35 P.M.
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Attest:
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