041111 rm agn & min2011 -468
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, April 11, 2011
7 PM
City Commission Chambers
1 Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
NIVN.y NIVNNIV.V NIV /V NIV /�..V.V.'V N.VHNNNNA.IV NNNN .�..V IV.V ti NIV IV rvN NIV.y NIy IyNNNNNN N.V IVNNNNN
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) MNNNNNN
AGENDA
Time (approximate)
7:00 1) Meeting call to order by Mayor Jeff Triplett.
2) Invocation.
3) Pledge of Allegiance
4) Minutes.
March 9, 2011 Retreat and March 28, 2011 Regular Meeting
5) PRESENTATIONS /COMMENDATIONS:
• Retirement Presentation: Police Officer John Wilt
• Police Officer Awards
7:15 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 11 -055]
A) Approve three procurements in the amount of $70,000 for Asphalt
Recyclers, Inc.; $80,000 to The Middlesex Corp., and $50,000 to Core
ON Construction Group, Inc. for road rehabilitation for 6 Street between US
17 -92 and Pecan Avenue.
2011 -469
i
CITY COMMISSION MINUTES
APRIL 11, 2011
REGULAR MEETING
B) Approval of amendment to the Seminole County /HUD /CDBG
Agreement.
C) Accept and file Sanford Airport Authority's Financial Report for
fiscal years ended Sept. 30, 2010 and 2009. (Work Session Item 2)
D) Accept and file the Comprehensive Annual Financial Report for
fiscal year ended Sept. 30, 2010. (Work Session Item 3)
E) Approve Special Event permit, alcohol permit, noise permit and
street closure for the "Hooters Regional Finals Swimsuit contest' event.
7:15 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't - staff; 2 n - applicant/requesting party; P - public; final - City Commission
motion, discussion and action.)
A) Second Reading: Ordinance No. 4235: closing 30' wide north -
south unimproved right -of -way of Kennel Road between Narcissus
Avenue and Rand Yard Road. Applicant: City of Sanford. Adjacent
property owners: Sanford Recycling & Transfer; Christopher E. Kelley,
Successor, Trustee. Ad published March 27, 2011. [Commission Memo
11 -063]
B) Second Reading: Ordinance No. 4236: Amending Chapter 74,
Article II, Divisions 2 and 3 of the Code of Ordinances providing for
the expiration of the Seminole Towne Center Community
Redevelopment Area (CRA) and Agency and all obligations relating
thereto. Ad published March 27, 2011. [Commission Memo 11 -064]
C) First Reading: Ordinance No. 4237, amending the Tuscany Village
Planned Development located at 4201 W. 1 5t Street. Applicant: Miller
Legg; Owner: MMM Investments, LLC c/o Mark M. Modarres. Ad
published April 10, 2011. [Commission Memo 11 -066]
D) Special permit for vested rights for a drive -thru land use in the
Downtown Commercial Historic District at 200 W. 1 St Street..
Applicant: CPH Engineers, Inc./Yvonne Paguada, P.E. Owner:
SunTrust Bank/Michael Petersen. Ad published March 27, 2011.
[Commission Memo 11 -067]
7:45 8) OTHER ITEMS.
A) Resolution No. 2226, adopting City Commission policies relating to
public participation, public meetings and public hearings.
[Commission Memo 11 -065] Continued from March 28, 2011.
2011 -470
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
9) CITY ATTORNEY'S REPORT.
10) 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.
•
•
2011 -471
CITY COMMISSION MINUTES
APiuL 11 2011
REGULAR MEETING
The City Commission of the City of Sanford, Florida, met in Regular
Meeting on Monday, April 11, 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
Interim City Manager Tom George
City Attorney William L. Colbert
City Clerk Janet Dougherty
Deputy City Clerk Cynthia Porter
1) Meeting was called to order by Mayor Jeff Triplett at 7:08 PM.
2) Invocation by Pastor Larry Leonard, Grace Fellowship Congregational Church.
3) Pledge of Allegiance
4) Minutes.
March 9, 2011 Retreat and March 28, 2011 Regular Meeting
Commissioner Williams moved to approve the Minutes. 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
•
• 2011 -472
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
5) PRESENTATIONS /COMMENDATIONS:
• Retirement Presentation: Police Officer John Wilt
This presentation was postponed to April 25, 2011.
• Police Officer Awards
Interim Police Chief Steve Harriett presented awards as follows: Officer
Brandon Worrall — Purple Heart; Investigator Steven Lynch — Medal of Valor; Officer
Alfred Morgan — Life Saving Award; Officer Terry Mims — Life Saving Award; Officer
Lance Rivera — Award of Commendation; Officer Ted Butler — Award of
• Commendation; and Officer William Crapps — Award of Commendation. Although not
present, the following have been awarded: Officer Alan Smith — Life Saving Award;
Officer Hector Rosado — Life Saving Award; Investigator Sherry Cleveland — Award of
Commendation; Officer Miguel Francis — Award of Commendation; Officer John
Gackenback — Award of Commendation; Lieutenant Christopher Collison — Award of
Commendation; Officer Geoffrey Field — Award of Commendation; Officer Luis Lopez
Award of Commendation; and Officer John Hamel — Life Saving Award.
Commissioner Mahany asked that something be done for K -9 Leo,
assigned to Officer Ted Butler. It's important for the public to know that the lives of
animals are put on the line through their duty.
• 6) CONSENT AGENDA: [Commission Memo 11 -055]
A) Approve three procurements in the amount of $70,000 for Asphalt
2011 -473
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
Recyclers, Inc.; $80,000 to The Middlesex Corp., and $50,000 to Core
Construction Group, Inc. for road rehabilitation for 6 th Street between US
17 -92 and Pecan Avenue.
B) Approval of amendment to the Seminole County/HUD /CDBG
Agreement.
C) Accept and file Sanford Airport Authority's Financial Report for
fiscal years ended Sept. 30, 2010 and 2009. (Work Session Item 2)
D) Accept and file the Comprehensive Annual Financial Report for fiscal
• year ended Sept. 30, 2010. (Work Session Item 3)
E) Approve Special Event permit, alcohol permit, noise permit and street
closure for the "Hooters Regional Finals Swimsuit contest" event.
Vice Mayor Mahany moved to approve the Consent Agenda. 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
7) PUBLIC HEARINGS:
A) Second Reading: Ordinance No. 4235: closing 30' wide north -south
unimproved right -of -way of Kennel Road between Narcissus Avenue
• and Rand Yard Road. Applicant: City of Sanford. Adjacent property
• 2011 -474
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
owners: Sanford Recycling & Transfer; Christopher E. Kelley, Successor,
Trustee. Ad published March 27, 2011. [Commission Memo 11 -063]
Commissioner Williams moved to adopt Ordinance No. 4235. 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
B) Second Reading: Ordinance No. 4236: Amending Chapter 74, Article
• II, Divisions 2 and 3 of the Code of Ordinances providing for the
expiration of the Seminole Towne Center Community Redevelopment
Area (CRA) and Agency and all obligations relating thereto. Ad published
March 27, 2011. [Commission Memo 11 -064]
Vice Mayor Mahany moved to adopt Ordinance No. 4236. 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
C) First Reading: Ordinance No. 4237, amending the Tuscany Village
Planned Development located at 4201 W. 1 St Street. Applicant: Miller
• Legg; Owner: MMM Investments, LLC c/o Mark M. Modarres. Ad
• 2011 -475
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
published April 10, 2011. [Commission Memo 11 -066]
Commissioner M declared a conflict and said he would abstain from
voting.
Commissioner Williams moved to continue this item to the next meeting.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner M Abstained
Commissioner Williams Aye
Commissioner Jones Aye
• D) Special permit for vested rights for a drive -thru land use in the
Downtown Commercial Historic District at 200 W. 1" Street.
Applicant: CPH Engineers, Inc. /Yvonne Paguada, P.E. Owner: SunTrust
Bank/Michael Petersen. Ad published March 27, 2011. [Commission
Memo 11 -067]
Commissioner Jones moved to approve a special permit for vested rights
for a drive -thru land use at 200 W. 1 St Street subject to a development order being issued
by the Mayor expressing the decision of the City Commission after being drafted by the
City Attorney. 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
• 2011 -476
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
Commissioner Jones Aye
8) OTHER ITEMS.
A) Resolution No. 2226, adopting City Commission policies relating to
public participation, public meetings and public hearings.
[Commission Memo 11 -065] Continued from March 28, 2011.
Commissioner Williams moved to adopt Resolution No. 2226. 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
9) CITY ATTORNEY'S REPORT.
10) CITY CLERK'S REPORT.
11) CITY MANAGER'S REPORT.
Interim City Manager George reported that he has not made a decision on
the new Police Chief, but that he will touch base with the Commission and make an
announcement.
12) CITIZEN PARTICIPATION.
Jo Alaniz, Executive Director, Wayne Densch Performing Arts Center,
gave an overview of new community programs, shared some of the current needs of the
Center and asked for Commission consideration during the new workshops so arts can
• 2011 -477
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
continue to be brought to the community.
13) CITY COMMISSIONERS' REPORTS.
Vice Mayor Mahany gave kudos to the Wayne Densch Performing Arts
Center and said that she has visitors in from Virginia who attended the theater last
weekend and gave rave reviews. She said that at today's work session the Commission
was briefed on the City's Annual Financial Report and the City is in really good shape;
she commended Mr. George and Staff. She thanked Mr. George for doing a fantastic job
leading the effort in several budget sessions and working with Staff to maintain our
services and at the same time maintain our parades and Christmas lights.
Commissioner Williams concurred with Commissioner Mahany's
comments and said that Mr. George is a valuable asset to the City.
Commissioner M said that it's thrilling to see the City changing: the
thought of a new SunTrust building going up; the changes that are going to go along SR
46 to the mall with transportation and the thought of light rail and the excitement that is
going to be building along that corridor. The cultural arts are wonderful and a vital part
and he hopes that we can integrate them into our 5 year strategic plan. Kudos to the City
of Sanford.
Mayor Triplett thanked all the well wishers during his recuperation from
hip replacement surgery. He recently had discussion with a group of people interested in
• handling an adopt a tree program. It's exciting to see development projects come to
• 2011 -478
CITY COMMISSION MINUTES
APRIL 11 2011
REGULAR MEETING
fruition; it's big for the City.
14) END THE MEETING
There being no further business, the meeting was a�journed at 9:06 PM.
Mayor Jeff Tri
Attest:
?Ila k< - 1�4 z
ity Clerk
cp
•
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
McCarty -- Mark
City Commission
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
459 S. Summerlln Ave.
WHICH I SERVE IS A UNIT OF:
O CITY COUNTY 12 0THERLOCALAGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Sanford Seminole
Sanford
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
April 11, 2011
D ELECTIVE 0 APPOINTIVE
4
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
r�
i"i..
k :
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
M Mc Carty , hereby disclose that on April 11 20 11
(a) A measure came or will come before my agency which (check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
None of the above boxes are checked. My abstention from voting was improvident. While
attempting to be transparent, it is clear that, upon consulting with legal counsel, that I did not
have a voting conflict as to this matter. I will be voting on similar matters in the future in
accordance with controlling law.
Date Fil
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 813 - EFF. 1/2000 PAGE 2