HomeMy WebLinkAbout113011 SWS agn & min2011-732
CITY COMMISSION MINUTES
November 30, 2011
SPECIAL WORK SESSION
Meeting location changed to: City Commission Chambers
1 St Floor
CITY OF SANFORD
CITY COMMISSION SPECIAL WORK SESSION
RailFead Depot Room
l eer
Sanford City Hall
WEDNESDAY, November 30, 2011 300 North Park Avenue
5:00 PM Sanford, Florida
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
1. Panhandling /Group Meal Service Ordinance — discussion.
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SPECIAL WORK SESSION
The City Commission of the City of Sanford, Florida, met in Special Work
Session on Wednesday, November 30, 2011, at 5:00 PM, in the City Commission Chambers, 1st
Floor, 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
Assistant City Attorney Lonnie Groot
City M anager Norton N. Bonaparte, Jr.
Records Manager Pat Lee
Absent: City Clerk Janet Dougherty
Mayor Triplett called the Special Work Session to order at 5:12 PM.
1. Panhandling/Group Meal Service Ordinance — discussion.
Mayor Triplett began the discussion by noting there would be several more
discussions regarding this as time goes on and that there would be no public input this
evening. He further stated that he has received many emails both for and against this issue
and that tough decisions will need to be made one way or another.
City Manager Norton Bonaparte, Jr. urged the Commission to discuss what they
believe are the problems and concerns, then they can look at how to solve these concerns.
Vice Mayor Mahany stated homelessness has been a problem in Sanford ever
since she was a small child and that what she is trying to address is the chronic transient
population, not families or the children in public schools. She stated Sanford has an image
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problem and people tell her they would never live here due to the transients. Vice Mayor
Mahany stated there is a perception that feeding the homeless in City parks draws homeless
people from other cities and felt the City needed "teeth" in the ordinance to assist the police
department with enforcement.
Discussion was held on what our current ordinance allows and current
enforcement procedures. Assistant City Attorney Lonnie Groot stated that regulating speech
is difficult and that you cannot prohibit panhandling and is very much like adult
entertainment: you cannot ban it but you can regulate the time, place and manner.
Police Chief Lee felt that additional language in the ordinance would be helpful
and gave statistics: calls for service for trespassing or solicitation since January, 2011: there
were 1,208 calls with 249 calls (114 pertained to homelessness or panhandling) in an area
encompassing Sanford Avenue to 17 -92 and 20` Street to the lakefront. Of these calls, 11
arrests were made and 17 trespassing warnings were given. Chief Lee felt additional language
pertaining to aggressive panhandling would assist them in making a more prosecutable case.
He further stated that a significant number of complaints focused on two areas: 17 -92 between
the 100 and 300 blocks and on Sanford Avenue near the Post Office and Dollar Store. The
Police Department would like to find out what the underlying problems are rather than strictly
arrest these people and felt it was important to help those that are in need of help and want
help and help them get back on their feet.
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Vice Mayor Mahany advised that she has met with Senior Project Manager
Andrew Thomas, Chief Lee, and representatives from Grace n Grits and has made a
commitment with Pastor Murphy, Homeless Services Network, Harvest Time and The Hope
Team and will continue meeting to continue addressing issues for those that need and want
assistance.
Commissioner Jones felt homelessness and panhandling were two separate issues
and should be addressed separately.
Commissioner Williams stated she supports approval of an aggressive
panhandling ordinance and felt it has affected citizens' quality of life. She stated she spoke
with four different attorneys who recommended before passing this ordinance, to be sure there
isn't case law that would prevent implementation.
Further discussion was held concerning Sections 1 through 8. Assistant City
Attorney Lonnie Groot stated that this ordinance does not prohibit solicitation but regulates it
and would apply to county intersections also, provided they apply for and receive a "permit ".
He further clarified that it only relates to soliciting in right -of -ways and that a person could
not approach vehicles.
There was consensus among the Commission to move forward with preparation
of one ordinance for Sections 1 through 8 on panhandling and solicitation in right -of -ways and to
delete section "U" in its entirety (Section "S" covers it).
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November 30, 2011
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The Commission discussed Sections 9 through 12: Mr. Groot noted that the
proposed ordinance regulates the manner of things, such as the manner of use of right of ways,
and says you can't sleep in the right of way because you are obstructing the right -of -way and that
there is nothing currently in the code about this.
Chief Lee expressed concern about disposition of belongings of homeless persons
as well as the police handling/storing such items because they cannot take their belongings with
them.
Vice Mayor Mahany stated Mr. Groot had asked her about possibly designating a
location somewhere within the City that is not in a residential area (possibly industrial area) and
designate it in this ordinance, where the homeless were allowed to camp.
Mr. Bonaparte stated his concerns over liability issues.
Commissioner Williams felt they should deal not only with the problem, but the
causes and come up with recommendations to address the causes both short term and long term
and that it was incumbent on the stakeholders. Mayor Triplett concurred and felt that if the
homeless are forced out of downtown, they will "move" into other neighborhoods and suggested
formation of a coalition including six other cities and noted "we can't be the only ones ".
Commissioner Williams suggested getting a group of stakeholders together from all walks of life
and invite them -- "the goal is the same ".
Commissioner Jones stated residents' biggest concern is "why are we catering to
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outside groups who bring their homeless into our City ? ". Vice Mayor Mahany stated that
Sanford has 75% of all the Seminole County homeless population. Mr. Bonaparte suggested that
all cities bond together on where the feedings will take place. Commissioner M concurred
with the Mayor: we need a collaboration where we all work together. Mayor Triplett noted that
Sanford has more property than he cares to admit and suggested this could be a temporary
solution in conjunction with other charitable organizations.
There was consensus for staff to prepare a list for the next meeting date
(December 12, 2011) of City owned properties that are "under- utilized ", either vacant or have
building(s), that are not located downtown nor are currently a "park "; as well as possible funding
options for social services needs. Vice Mayor Mahany stated as a minimum, there would have to
be restroom and kitchen facilities. Mayor Triplett also asked that the Commission receive copies
of the "Denver Plan ". Mayor Triplett recommended that in the meantime, if there is a safety
issue, persons be referred to Police Chief Lee so he can send officers to alleviate the situation.
There being no further business, the meeting adjourned at 7:36 PM.
ATTEST:
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vJanet Dougherty, Cit Clerk