HomeMy WebLinkAbout091211 rm agn & min2011 -639
CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, September 12, 2011
7 PM
City Commission Chambers
1 Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
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In accordance with the Americans with Disabilities Act, persons with disabilities needing
assistance to participate in any of these 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 or hearing, he or she may need a verbatim record
of the proceedings, including the testimony and evidence, which record is not provided by
the City of Sanford. (FS 286.0105)
AGENDA
Time (approximate)
7:00 1) Meeting call to order by Mayor Triplett.
2) Invocation by Pastor Edward Manning, Sold Out For Christ Ministries /SPD
Chaplain.
3) Pledge of Allegiance.
4) Minutes.
August 22, 2011 Special Joint Mtg., Work Session and Regular Meeting.
7:05 5) PRESENTATIONS /COMMENDATIONS:
Swear in City Manager Norton N. Bonaparte, Jr.
7:08 6) FIRST PUBLIC HEARING for adoption of the 2011/2012 MILLAGE and the
2011/2012 BUDGET. Publicized via County Truth -in- Millage notification to all
property owners. [Commission Memo 11 -152]
A) Resolution No. 2243, adopting the millage rate.
B) Resolution No. 2244, adopting the budget.
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CITY COMMISSION MINUTES
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REGULAR MEETING
7:15 7) 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 11 -151]
A) Approve MetroPlan Orlando Annual Funding Agreement.
B) Approve State Homeland Security Grant Program Subrecipient
Funding Agreement for $8,900 for Fire Department specialized training.
C) Approve State Revolving Fund Loan Amendment 1 with Florida
Department of Environmental Protection for nutrient reduction project I
can increase of $79,336.
D) Approve renewal of FY10/11 Property and Liability Insurance
coverage with the Florida League of Cities in amount of $1,049,323.
E) Approve proposal with Ardaman & Associates in amount not to exceed
$43,081 for FY 11/12 monitoring of wells at Art Lane Landfill.
F) Approve issuance of Purchase Order for $85,000 for tires for FY 11/12
using State Contract vendor The Pep Boys.
G) Approve issuance of Purchase Order for $1,100,000 of fuel for FY
11/12 using state contract vendor Petroleum Traders, Inc.
H) Award Professional Consulting Master Contracts subject to CCNA
requirements.
I) Approve "Celery City Cruisers" Special Event, noise permit and
related street closure for 2012.
J) Approve "Alive After Five" Special Event, noise permit, alcohol permit
and street closures for 2012.
K) Approve "Seminole High School Homecoming Parade" Special
Event, street closures and noise permit on September 22
L) Approve Consent to Assignment of Lease relating to the City's lease
with Wilson Center, Inc.., to Vanik Investments LLC.
7:20 8) 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: I" -staff; 2 nd - applicant/requesting party; 3` - public; final - City Commission
motion, discussion and action.)
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CITY COMMISSION MINUTES
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REGULAR MEETING
A) Second reading and adoption: Ordinance No. 4249, amending Ordinance
No. 4129 extending the Town Center at White Cedar Planned Development
approval for five years. M & I Regional Properties, LLC, c/o Steven J. Heder;
Owner; Joel A. Ivey, Ivey Planning Group, LLC, Applicant. Ad published August
21, 2011. [Commission Memo 11 -155]
B) First reading: Ordinance No. 4250, annexing 2.8 acres at 701 Florida Street,
City of Sanford, owner. Ad published September 11, 2011. [Commission Memo
11 -156]
C) First reading: Ordinance No. 4251, Code Enforcement Lien Amnesty
Program. Ad published September 11, 2011. [Commission Memo 11 -1571
D) Pain Management Clinics. [Commission Memo 11 -167]
(1) Adoption of Emergency Ordinance No. 4253.
(2) Second reading: Ordinance No. 4252. Ad published September 11,
2011.
E) Continued from August 22, 2011. Second reading and adoption: Ordinance
No. 4248, amending the Southridge Master Plan to create the Southridge
South PD. Christopher E. Kelley, Trustee; TT of Sanford, Inc., and Seminole
Farm Trust IV, Owners. Ad published August 7, 2011. [Commission Memo 11-
153]
F) First reading: Ordinance No. 4254, amending the City Code pertaining to
the regulation of guns and the State preemption pertaining to such regulation.
Ad published September 11, 2011. [Commission Memo 11 -168]
8:00 9) OTHER ITEMS.
A) Continued from August 22, 2011: Approve the Final Plat for
Southridge, a commercial subdivision located at 995 Rinehart Road. B.
Todd Hudson, Hudson Engineering Associates, Inc., Applicant, for
Christopher E. Kelley, Trustee, TT of Sanford, Inc., and Seminole Farm
Trust IV, Owners. [Commission Memo 11 -160]
B) Resolution No. 2245, extending the temporary moratorium on pain
management clinics. [Commission Memo 11 -1591
C) 540 Pecan Avenue — request for lien waiver. Men, Women & Youth in
Action USA, Inc., owner, by Paul Benjamin. [Commission Memo 11 -158]
D) Resolution No. 2246, authorizing a Local Agency Program
Agreement with Florida Department of Transportation for $80,000 to
design a ten foot wide sidewalk on Persimmon Avenue and W. 8 th Street.
[Commission Memo 11 -1611
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CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
E) Resolution No. 2247, correcting Resolution 2239, revising rates for
Non - Structured Programs in the Recreation Department and the Parks
and Grounds Division. [Commission Memo 11 -1641
F) Resolution No. 2248, extending emergency disaster recovery
services to private gated communities. [Commission Memo 11 -165]
10) CITY ATTORNEY'S REPORT.
A) Attorney General Opinion; Gun Regulation.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may
present additional written material.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
2011 -643
CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
The City Commission of the City of Sanford, Florida, met in Regular
Meeting on Monday, September 12, 2011, at 7 PM, in the City Commission Chambers,
City Hall, 300 North Park Avenue, Sanford, Florida.
Present: Mayor Jeff Triplett
Vice Mayor Patty Mahany
Commissioner Mark M
Commissioner Velma Williams
Commissioner Randy Jones
City Manager Norton N. Bonaparte, Jr.
Public Works Director Tom George
City Attorney William L. Colbert
City Clerk Janet Dougherty
Deputy City Clerk Cynthia Porter
1) Meeting was called to order by Mayor Triplett at 7:07 PM.
2) Invocation by Pastor Edward Manning, Sold Out For Christ Ministries /SPD
Chaplain.
3) Pledge of Allegiance.
4) Minutes.
August 22, 2011 Special Joint Meeting, Work Session and Regular Meeting.
Commissioner Jones moved to approve the minutes. Seconded by
Commissioner Williams and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
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CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
5) PRESENTATIONS /COMMENDATIONS:
Swear in City Manager Norton N. Bonaparte, Jr.
Mayor Triplett administered the Oath of Office to Mr. Bonaparte, after
which Mr. Bonaparte introduced his family and thanked the citizens and the Commission
for the opportunity to become the City Manager. He also thanked Mr. George and said
he looks forward to the opportunity to continue to work with him.
6) FIRST PUBLIC HEARING for adoption of the 2011/2012 MILLAGE and the
2011/2012 BUDGET. Publicized via County Truth -in- Millage notification to all
property owners. [Commission Memo 11 -152]
A) Resolution No. 2243, adopting the millage rate.
Vice Mayor Mahany moved to approve Resolution No. 2243 establishing
a millage of 6.825 for the fiscal year beginning October 1, 2011 and ending September
30, 2012. Seconded by Commissioner Williams and carried by vote of the Commission
as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M'Carty
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
B) Resolution No. 2244, adopting the budget.
Vice Mayor Mahany moved to adopt Resolution No. 2244 establishing the
operating budget and capital improvement plan presented for the fiscal year beginning
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REGULAR MEETING
October 1, 2011 and ending September 30, 2012. Seconded by Commissioner Jones and
carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
Mayor Triplett announced that the final hearing at which the City's
2011/2012 millage and budget will be adopted will take place on Monday, September 26,
2011 at 7 PM in the City Commission Chambers at Sanford City Hall.
7) CONSENT AGENDA: [Commission Memo 11-1511
A) Approve MetroPlan Orlando Annual Funding Agreement.
B) Approve State Homeland Security Grant Program Subrecipient
Funding Agreement for $8,900 for Fire Department specialized training.
C) Approve State Revolving Fund Loan Amendment 1 with Florida
Department of Environmental Protection for nutrient reduction project
loan increase of $79,336.
D) Approve renewal of FY10 /11 Property and Liability Insurance
coverage with the Florida League of Cities in an amount of $1,049,323.
E) Approve proposal with Ardaman & Associates in an amount not to
exceed $43,081 for FY 11/12 monitoring of wells at Art Lane Landfill.
F) Approve issuance of Purchase Order for $85,000 for tires for FY 11/12
2011 -646
CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
using State Contract vendor The Pep Boys.
G) Approve issuance of Purchase Order in the amount of $1,100,000 for
fuel for FY 11/12 using state contract vendor Petroleum Traders, Inc.
H) Award Professional Consulting Master Contracts subject to CCNA
requirements.
I) Approve "Celery City Cruisers" Special Event, noise permit and
related street closure for 2012.
J) Approve "Alive After Five" Special Event, noise permit, alcohol permit
and street closures for 2012.
K) Approve "Seminole High School Homecoming Parade" Special
Event, street closures and noise permit on September 22 °a
L) Approve Consent to Assignment of Lease relating to the City's lease
with Wilson Center, Inc., to Vanik Investments LLC.
Vice Mayor Mahany moved to approve the Consent Agenda. Seconded
by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M ° Carty
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
8) PUBLIC HEARINGS:
A) Second reading and adoption: Ordinance No. 4249, amending
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CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
Ordinance No. 4129 extending the Town Center at White Cedar Planned
Development approval for five years. M & I Regional Properties, LLC,
c/o Steven J. Heder; Owner; Joel A. Ivey, Ivey Planning Group, LLC,
Applicant. Ad published August 21, 2011. [Commission Memo 11 -155]
Commissioner Williams moved to adopt Ordinance No. 4249 to extend
the Planned Development rezone to August 25, 2016 for the Town Center at White Cedar
PD at 133 N. White Cedar Road. Seconded by Vice Mayor Mahany and carried by vote
of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
B) First reading: Ordinance No. 4250, annexing 2.8 acres at 701 Florida
Street, City of Sanford, owner
Ad published September 11, 2011.
[Commission Memo 11 -156]
Commissioner Jones moved to approve the first reading of Ordinance No.
4250. Seconded by Commissioner M and carried by vote of the Commission as
follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
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CITY COMMISSION MINUTES
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REGULAR MEETING
C) First reading: Ordinance No. 4251, Code Enforcement Lien Amnesty
Program. Ad published September 11, 2011. [Commission Memo 11-
157]
Vice Mayor Mahany moved to approve the first reading of Ordinance No.
4251. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
D) Pain Management Clinics. [Commission Memo 11 -167]
(1) Adoption of Emergency Ordinance No. 4253.
Commissioner Williams moved to enact Emergency Ordinance No. 4253.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
(2) Second reading: Ordinance No. 4252. Ad published September
11, 2011.
Commissioner Jones moved to approve Ordinance No. 4252 on second
reading and to consider it for enactment on third reading at the next meeting of the City
2011 -649
CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
Commission. Seconded by Commissioner Williams and carried by vote of the
Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
E) Continued from August 22, 2011. Second reading and adoption:
Ordinance No. 4248, amending the Southridge Master Plan to create
the Southridge South PD. Christopher E. Kelley, Trustee; TT of
Sanford, Inc., and Seminole Farm Trust IV, Owners. Ad published
August 7, 2011. [Commission Memo 11 -153]
Commissioner Jones moved to continue this item to September 26, 2011.
Seconded by Commissioner Williams and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
F) First reading: Ordinance No. 4254, amending the City Code
pertaining to the regulation of guns and the State preemption pertaining
to such regulation. Ad published September 11, 2011. [Commission
Memo 11 -168]
Commissioner Jones moved to approve the first reading of Ordinance No.
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CITY COMMISSION MINUTES
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REGULAR MEETING
4254. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
9) OTHER ITEMS.
A) Continued from August 22, 2011: Approve the Final Plat for
Southridge, a commercial subdivision located at 995 Rinehart Road. B.
Todd Hudson, Hudson Engineering Associates, Inc., Applicant, for
Christopher E. Kelley, Trustee, TT of Sanford, Inc., and Seminole Farm
Trust IV, Owners. [Commission Memo 11 -160]
Vice Mayor Mahany moved to continue this item to September 26, 2011.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
B) Resolution No. 2245, extending the temporary moratorium on pain
management clinics. [Commission Memo 11 -159]
Vice Mayor Mahany moved to adopt Resolution No. 2245. Seconded by
Commissioner Jones and carried by vote of the Commission as follows:
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CITY COMMISSION MINUTES
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REGULAR MEETING
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
C) 540 Pecan Avenue — request for lien waiver. Men, Women & Youth in
Action USA, Inc., owner; by Paul Benjamin, President. [Commission
Memo 11 -158]
Commissioner Jones moved to reduce the lien on 540 Pecan Avenue to
$400, contingent upon payment being made within 30 days. Seconded by Commissioner
M and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
D) Resolution No. 2246, authorizing a Local Agency Program Agreement
with Florida Department of Transportation for $80,000 to design a ten foot
wide sidewalk on Persimmon Avenue and W. 8"' Street. [Commission
Memo 11 -161]
Commissioner Jones moved to adopt Resolution No. 2246. Seconded by
Commissioner Williams and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner M Aye
Commissioner Williams Aye
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CITY COMMISSION MINUTES
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REGULAR MEETING
Commissioner Jones Aye
E) Resolution No. 2247, correcting Resolution 2239, revising rates for
Non - Structured Programs in the Recreation Department and the Parks and
Grounds Division. [Commission Memo 11 -164]
Vice Mayor Mahany moved to adopt Resolution No. 2247. Seconded by
Commissioner M and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
F) Resolution No. 2248, extending emergency disaster recovery services
to private gated communities. [Commission Memo 11 -165]
Vice Mayor Mahany moved to adopt Resolution No. 2248. Seconded by
Commissioner Williams and carried by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
10) CITY ATTORNEY'S REPORT.
A) Attorney General Opinion; Gun Regulation.
City Attorney Colbert said that there has been discussion tonight regarding
the gun legislation passed by the Legislature which preempted cities rights. The City has
2011 -653
CITY COMMISSION MINUTES
SEPTEMBER 12 2011
REGULAR MEETING
business license regulation authority. Assistant City Attorney Groot, in conjunction with
Police Chief Lee, requested the Attorney General to clarify whether local business taxes
upon gun dealers and like occupations can lawfully be imposed so the City would know
where it stands as it relates to a business license. The Attorney General said they would
not answer that question unless the City Commission joined in requesting the answer. He
asked for Commission joinder in getting that question answered.
Commissioner Williams moved that the City join in the request previously
sent to the Attorney General requesting clarification of the gun legislation and whether or
not it is applicable to business licensing. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
Mayor Triplett
Aye
Vice Mayor Mahany
Aye
Commissioner M
Aye
Commissioner Williams
Aye
Commissioner Jones
Aye
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
Mr. George thanked City Staff (particularly the Directors) for their help
and support over the last couple of years; all that has been accomplished could not have
happened without their assistance. He also thanked the Commission for trusting and
supporting him as Interim City Manager; it has been quite a learning experience and has
been rewarding. He welcomed Mr. Bonaparte and wished him many years of success.
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REGULAR MEETING
Mr. Bonaparte said that Mr. George has been a great asset to him in the
time he has been here and thanked him for the job he has done for the City as Interim
City Manager.
13) CITIZEN PARTICIPATION.
Several citizens spoke regarding issues in Sanford: the homeless,
prostitution, drugs, and crime. Mayor Triplett directed the City Attorney and Staff to look
into the homeless ordinance for the City of Orlando and City of Savannah, and said that it
is a very difficult issue that needs to be handled properly and isn't something that can
happen over night.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
There being no further business, the meeting was adjourrAd at 9:23 PM.
Mayor Jeff
Attest:
cp