072709 rm agn & min
MINUTES
138
City Commission, Sanford, Florida
Regular MeeUBg
lttl)' 27,2909 -
EOO514441DW
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, JULY 27,2009
7PM
City Commission Chambe
1st Floo
Sanford City Ha
300 North Park Avenue
Sanford, Florid
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In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate In any of thes
proceedings should contact the City Clerk at 407.688.5010 at least 48 hours In advance of the meeting.
Advice to the publiC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting 0
hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provld
by the City of Sanford. (FS 286.0105)
AGENDA
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Time (approximate)
7:00 1)
2)
3)
4)
Meeting call to order by Mayor Kuhn.
Invocation by Pastor Jeff Krall, Family Worship Center.
Pledge of Allegiance.
Minutes.
July 13, 2009 Work Session and Regular Meetings.
7:05 5)
PRESENTATIONS/COMMENDATIONS: None.
7:05 6)
CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from th
Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items.
[Commission Memo 09-251]
A) Request to donate $2,214.88 of Law Enforcement Trust Funds to the Narcotics Overdose Prevention and Education
Program.
B)
C)
Renewal of Police/Fire Dispatch Services Agreement with Seminole County Sheriffs Office for FY 2009/2010.
Award Design Contract to CPH Engineers for Stormwater Pond at Oak Avenue and 24th Place in the amount of
$43,150.
]
D) Award bid to Central Florida Environmental for Phase 2 of Cloud Branch Drainage project in the amount of
$2,826,478.
E) Manufactured Gas Plant Remediation Agreement revision.
7:07 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: 1 st - staff; 2nd -
applicant/requesting party; 3rd - public; final- City Commission motion, discussion and action.)
A) Second Reading: Ordinance No. 4183, rezoning 2.48 acres located at 2927 Sipes Avenue. Ad published July 11,
2009. Applicant: Pablo Nieves. Property Owners: Jose A. Rivera and Olga I. Ortiz. [Commission Memo 09-252]
B) First Reading: Ordinance No. 4184, amending Section 86-71 of the City Code relating to Solid Waste and Solid
Waste franchise. Ad published July 25, 2009. [Commission Memo 09-253]
C) First Reading: Ordinance No. 4185, amending Section 86-122 of the City Code providing for Consumer Price Index
(CPI) regular rate adjustments. Ad published July 25, 2009. [Commission Memo 09-254]
D) Continued from June 22, 2009: 2424 Orange Avenue - demolition of structure. Notice sent to owners June 12, 2009;
property posted June 12, 2009; ad published June 14 and 21, 2009. [Commission Memo 09-255]
E)
Continued from June 22,2009: 810 Pecan Avenue - demolition of structure. Notice sent to owners June 12,2009;
property posted June 12, 2009; ad published June 14 and 21,2009. [Commission Memo 09-256]
F) 615 W. 25th Street - demolition of structure. Notice sent to owners July 16, 2009; property posted July 16, 2009; ad
published July 1 and 8, 2009. [Commission Memo 09-259]
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7:30 8)
OTHER ITEMS:
A)
1404 Persimmon Avenue and 215 Maple Avenue: Request to waive, reduce or separate $13,001.23 in liens on
property at 1404 Persimmon Avenue and 215 Maple Avenue. [Commission Memo 09-258]
B) Confirmation of Mayor Kuhn's appointments to the Sanford Housing Authority.
. Jacalyn Williams (new appointee)
]
. Bernard Mitchell (re-appointed)
C) 1010 Locust Avenue - request to delay demolition of the structure. [Commission Memo 09-257]
D) Resolution No. 2147, providing for the inclusion of the City's elected positions in the elected Officers' Class of the
Florida Retirement System. [Commission Memo 09-262]
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MINUTES
City Commission, Sanford, Florida Regula. Meeling
July 11, 166~
E) Resolution No. 2148, imposing special assessment against real property. [Commission Memo 09-263]
F) Proposed millage rate and budget hearing date.
(1) Approve the Fiscal Year 2009/2010 Proposed Millage Rate.
(2)
Approve the date, time and meeting place of the Tentative Budget Hearing (September 14, 2009 at 7 PM at City
Hall).
G)
Stephen J. Bacon, candidate for U.S. Congress, has requested to discuss two issues, a business opportunity in
Sanford that would have an impact on the economy, and comments on Sun Rail and an alternative plan for a hi speed
rail and commuter system.
H) 1920 Palmetto Avenue - request from a new owner to pay a reduced lien. [Commission Memo 09-267]
9)
10)
CITY ATTORNEY'S REPORT.
CITY CLERK'S REPORT.
11) CITY MANAGER'S REPORT.
12) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material.
13) CITY COMMISSIONERS' REPORTS.
14) END THE MEETING.
MINUTES
140
City Commission, Sanford, Florida
EOO514441DW
Reg81ar MeetiBg
18'" 27, 2009 -
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 27,2009, at
7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
. Mayor Linda Kuhn
Vice Mayor Randy Jones
Commissioner Velma Williams
City Manager Robert (Sherman) YehI
City Attorney William L. Colbert
City Clerk Janet R. Dougherty
Deputy City Clerk Cynthia Porter
Absent:
Commissioner Art Woodruff
Commissioner Jack T. Bridges
1) Meeting was called to order by Mayor Kuhn at 7 PM.
Commissioner Williams moved to excuse Commissioner Bridges' absence. Seconded by Vice Mayor Jones
and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
2) Invocation.
3) Pledge of Allegiance.
4) Minutes.
July 13,2009 Work Session and Regular Meetings.
Vice Mayor Jones moved to approve the Minutes. Seconded by Commissioner Williams and carried by vote
of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
5) PRESENTATIONS/COMMENDATIONS:
None.
6) CONSENT AGENDA: (Commission Memo 09-251]
A) Request to donate $2,214.88 of Law Enforcement Trust Funds to the Narcotics Overdose Prevention and
Education Program.
B) Renewal of Po licelF ire Dispatch Services Agreement with Seminole County Sheriffs Office for FY
2009/2010.
C)
Award Design Contract to CPH Engineers for Stormwater Pond at Oak Avenue and 24th Place in the amount
of$43,150.
D) Award bid to Central Florida Environmental for Phase 2 of Cloud Branch Drainage project in the amount of
$2,826,478.
E)
Manufactured Gas Plant Remediation Agreement revision.
Commissioner Williams moved to approve the Consent Agenda. Seconded by Vice Mayor Jones and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
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141
E00514441DW
MINUTES
City Commission, Sanford, FloridaRegular Meetiag
Ju~'17,lgg9
7) PUBLIC HEARINGS:
A) Second Reading: Ordinance No. 4183, rezoning 2.48 acres located at 2927 Sipes Avenue. Ad published
July 11,2009. Applicant: Pablo Nieves. Property Owners: Jose A. Rivera and Olga I. Ortiz. [Commission
Memo 09-252]
Vice Mayor Jones moved to adopt Ordinance No. 4183, subject to a development order that includes all
recommended conditions. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Jones
Commissioner Williams
Aye
Aye
Aye
B) First Reading: Ordinance No. 4184, amending Section 86-71 of the City Code relating to Solid Waste and
Solid Waste franchise. Ad published July 25,2009. [Commission Memo 09-253]
Vice Mayor Jones moved to approve the first reading of Ordinance No. 4184. Seconded by Commissioner
Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
C) First Reading: Ordinance No. 4185, amending Section 86-122 of the City Code providing for Consumer
Price Index (CPI) regular rate adjustments. Ad published July 25,2009. [Commission Memo 09-254]
Commissioner Williams moved to approve the first reading of Ordinance No. 4185. Seconded by Vice
Mayor Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
D) Continued from June 22, 2009: 2424 Orange Avenue - demolition of structure. Notice sent to owners June
12,2009; property posted June 12,2009; ad published June 14 and 21, 2009. [Commission Memo 09-255]
Vice Mayor Jones moved to demolish the structure. Seconded by Commissioner Williams and carried by
vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
E) Continued from June 22, 2009: 810 Pecan Avenue - demolition of structure. Notice sent to owners June 12,
2009; property posted June 12,2009; ad published June 14 and 21, 2009. [Commission Memo 09-256]
Vice Mayor Jones moved to demolish the structure. Seconded by Commissioner Williams and carried by
vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
F)
615 W. 25th Street - demolition of structure. Notice sent to owners July 16, 2009; property posted July 16,
2009; ad published July 1 and 8, 2009. [Commission Memo 09-259]
Vice Mayor Jones moved to continue this hearing to the City Commission meeting of August 24, 2009.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
MINUTES
142
City Commission, Sanford, Florida
Re~lIlar Meeting
.Jllly 27, 2999 -
EOO51444IDW
8) OTHER ITEMS:
A) 1404 Persimmon Avenue and 215 Maple Avenue: Request to waive, reduce or separate $13,001.23 in
Persimmon Avenue. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Jones
Commissioner Williams
Aye
Aye
Aye
]
B) Confirmation of Mayor Kuhn's appointments to the Sanford Housing Authority.
· Jacalyn Williams (new appointee)
· Bernard Mitchell (re-appointed)
The Commission delayed confirmation of Jacalyn Williams' appointment to the next meeting.
Vice Mayor Jones moved to confirm Mayor Kuhn's reappointment of Bernard Mitchell to the Sanford
Housing Authority. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
C) 1010 Locust Avenue - request to delay demolition of the structure. [Commission Memo 09-257]
Vice Mayor Jones moved to lift the order of demolition on 1010 Locust Avenue, with the condition that a
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progress report is presented by Staff to the City Commission on a thirty day basis. Seconded by Commissioner Williams
and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
D) Resolution No. 2147, providing for the inclusion of the City's elected positions in the elected Officers' Class
of the Florida Retirement System. [Commission Memo 09-262]
Mayor Kuhn said that although Commissioner Woodruff is absent, he sent her a statement and asked that she
read it into the record: The majority of government employees in the Florida Retirement System receive retirement benefits
at a rate of 1.6% per year of employment. This means that after 30 years, a retiree would receive 48% of his or her salary
as the retirement benefit. These employees are members of the Regular class. Police officers, firefighters. and certain other
professions are placed in the Special Risk class and receive benefits at a rate of 3.0% per year. For some reason, the state
legislature gave themselves and other elected officials special consideration by creating an Elected Officers Class that has
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a multiplier of 3.0% per year. After 16 years of service, elected officials receive 48% of salary as the retirement benefit.
For the Sanford City Commission, because of the salary, a change from the Regular Class to the Elected Officers Class
does not mean a lot of money to the Commissioners who would benefit from it. But in my opinion, there is something wrong
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when the elected officials vote themselves better benefits than the typical employee receives.
Commissioner Williams moved to adopt Resolution No. 2147. Seconded by Vice Mayor Jones. The motion
failed by vote of the Commission as follows:
Mayor Kuhn Nay
Vice Mayor Jones Nay
Commissioner Williams Aye
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143
E0051444IDW
MINUTES
City Commission, Sanford, Florid~Rf'gnl!ar Mppting
.Tuly 27, 2009
E) Resolution No. 2148, imposing special assessment against real property. [Commission Memo 09-263]
Commissioner Williams moved to adopt Resolution No. 2148. Seconded by Vice Mayor Jones and carried
by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Jones
Commissioner Williams
Aye
Aye
Aye
F) Proposed millage rate and budget hearing date.
(1)
Approve the Fiscal Year 2009/2010 Proposed Millage Rate.
Mayor Kuhn said that Commissioner Woodruff sent her a statement regarding the millage rate and asked that
she read it into the record: While I do not support a tax rate increase, at this point in the budget process we must recognize
that we have not identified enough cuts to balance the budget. Also, there are cuts in personnel in the Police Department
that I do not want to make. The only responsible thing to do at this point is to set a higher maximum millage rate and then
continue to study the budget and look for cuts with the expectation that we will balance the budget at the current millage
rate.
Vice Mayor Jones moved to set the proposed maximum millage rate at 6.825. Seconded by Commissioner
Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
(2)
Approve the date, time and meeting place of the Tentative Budget Hearing (September 14,2009 at 7
PM at City Hall).
Commissioner Williams moved to approve the Tentative Budget Hearing date of September 14,2009 at 7 PM
at City Hall in the Commission Chambers. Seconded by Vice Mayor Jones and carried by vote of the Commission as
follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
G) Stephen J. Bacon, candidate for U.S. Congress, has requested to discuss two issues: a business opportunity
in Sanford that would have an impact on the economy, and comments on Sun Rail and an alternative plan for
a high speed rail and commuter system.
Mr. Bacon distributed and reviewed a folder of information.
H) 1920 Palmetto Avenue - request from a new owner to pay a reduced lien. [Commission Memo 09-267]
Caldwell Bankers representative Dan Emerson was present and requested the Commission's approval to pay
a reduced fine of$I,500.
Vice Mayor Jones moved to allow the bank to pay a reduced lien of $1,500, contingent upon payment in
ninety (90) days. Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Williams Aye
9) CITY ATTORNEY'S REPORT.
10) CITY CLERK'S REPORT.
MINUTES
144
City Commission, Sanford, Florida
R~gular MeetiBg
.July 27, 2909
E00514441DW
11) CITY MANAGER'S REPORT.
12) CITIZEN PARTICIPATION.
Rosemary Sebestyen distributed and reviewed information regarding 21st Century Transportation For
America.
13) CITY COMMISSIONERS' REPORTS.
14) END THE MEETING.
There being no further business, the meeting was adjourned at 8:28 PM.
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Attest:
~1<,~t1~
ity Clerk
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