082211 rm agn & min2011-617
CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
CITY OF SANFORD
CITY COMMISSION MEETING
City Commission Chambers
1 St Floor
Monday, August 22, 2011
7 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
Time (approximate)
7:00 1) Meeting call to order by Mayor Jeff Triplett.
2) Invocation: Pastor Larry Leonard, Grace Fellowship Congregational Church
3) Pledge of Allegiance.
4) Minutes.
August 8, 2011 Work Session & Regular Meeting
5) PRESENTATIONS /COMMENDATIONS:
• Proclamation: Sanford Babe Ruth & Cal Ripken All -Star Day
• Retirement Presentation: Police Lieutenant Michael Horan
• Commemorative 9/11 Flag Presentation by Sallie Harrison Chapter, National
Society Daughters of the American Revolution of Sanford
Sanford City Hall
300 North Park Avenue
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 the Consent Agenda by a City
Commission member, no discussion on individual items will occur and a single motion will
approve all items.
2011-618
CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
[Commission Memo 11 -139)
A) Award Website Redesign contract to Vision Internet in the amount of
$32,005.
B) Approve date change for Special Event permit, noise permit and street
closures for the "All Souls Catholic Church 5K Walk/Run and Fun Run"
event on January 28, 2012.
C) Approve time change and additional street closures for "Pirates of St.
Juans Street Party" on September 17, 2011.
D) Approve extension of the Special Event, noise and alcohol permits for
the All Souls Catholic Church's Annual "Harvest Festival" to include
Thursday, November 3, 2011.
E) Approve Fourth Amendment to the Administrative Services Agreement
with Blue Cross and Blue Shield of Florida, Inc.
F) Approve Agreement with Seminole County Public Schools for School
Resource Officers for the period of July 1, 2011 through June 30, 2012 in
the amount of $251,290.08.
G) Approve Interlocal Agreement with Volusia County for midge and
mosquito control.
H) Retire service weapon serial # U 712521 and authorize retired Police
Lieutenant Michael Horan to receive his service weapon.
1) Approve staffs usage of an Equipment Rental Rate Calculator for
ascertaining and assessing rental rates for City assets used at special
events.
J) Approve the submittal of the FEMA Assistance to Firefighters grant,
execute the MOU with Seminole County and upon award, authorize an
increase of $170,870 to the general fund capital project budget and the use
of $34,174 in matching funds from the Fire Safety Impact Fee budget for
purchase of digital radios and accessories.
K) Approve use of the updated value and evaluation criteria for
downtown stormwater credits. (Work Session Item 3)[Commission
Memo 11- 139.K]
Q Approve lease agreement with the Goldsboro Westside Community
Historical Association for the 13 Street Police sub - station property at
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CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
1211 West 13 Street. (Work Session Item 1)[Commission Memo 11-
139.L]
7:05 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 S -
staff, 2 nd - applicant/requesting party; P - public; final - City Commission motion,
discussion and action.)
A) Second Reading: Ordinance No. 4247, amending Section 66 -32, City
Code, pertaining to membership in the police officers' retirement
system. Ad published August 7, 2011.[Commission Memo 11 -140]
B) Second Reading: 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 -141]
C) First Reading: 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 -143]
D) Continue to December 12, 2011: first reading of Ordinance No. 4240
vacating a portion of 2 " Street generally located at 915 West 1 5t Street.
RCE Consultants, LLC (Laurence and Rebecca Poliner), Applicant; Harry
Ellis, Jr., Owner. Ad published May 29, 2011 and June 12, 2011; property
posted May 31, 2011; owners notified May 25, 2011. Continued from June
27, 2011
7:15 8) OTHER ITEMS.
A) Resolution No. 2240, Supporting the River of Lakes Heritage Corridor.
[Commission Memo 11 -144]
B) Resolution No. 2241 authorizing the 2012 FRDAP grant application for
$200,000 for the Academy Manor Park Project and the 2012 FRDAP
grant reapplication for the $200,000 for Coastline Park and for
approval of 2012 FCT grant re- application for $1,000,000 for School
Board property acquisition. [Commission Memo 11 -145]
C) Resolution No. 2242, providing for an Oath of Office for the City
Manager. [Commission Memo 11 -149]
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CITY COMMISSION MINUTES August 22, 2011
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D) 170 Kelly Circle — request for lien waiver. Owners Valentin Garcia and
Silfredo Acosta. [Commission Memo 11 -146]
E) Continued from August 8, 2011: Approval of Final Plat for Southridge, a
commercial subdivision located at 995 Rinehart Road. [Commission Memo
11 -148]
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.
2011-621
CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
The City Commission of the City of Sanford, Florida, met in Regular
Meeting on Monday, August 22, 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 Velma Williams
Commissioner Randy Jones
Interim City Manager Tom George
Assistant City Attorney Lonnie Groot
City Clerk Janet R. Dougherty
Records Manager Pat Lee
Absent: Commissioner Mark M
City Attorney William L. Colbert
1) Meeting was called to order by Mayor Triplett at 7:27 PM. Mayor Triplett
apologized for the late start noting the Work Session ran late today.
2) Invocation by Pastor Larry Leonard, Grace Fellowship Congregational Church.
3) Pledge of Allegiance.
4) Minutes.
August 8, 2011 Work Session and August 8, 2011 Regular Meeting.
Commissioner Williams moved to approve the Minutes. Seconded by
Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
2011-622
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
Commissioner Jones Aye
5) PRESENTATIONS /COMMENDATIONS:
• Proclamation: Sanford Babe Ruth & Cal Ripken All -Star Day
• Retirement Presentation: Police Lieutenant Michael Horan
• Commemorative 9/11 Flag Presentation by Sallie Harrison Chapter,
National Society Daughters of the American Revolution of Sanford
6) CONSENT AGENDA: [Commission Memo 11 -139]
A) Award Website Redesign contract to Vision Internet in the
amount of $32,005.
B) Approve Special Event permit, noise permit and street
closures for the "All Souls Catholic School and Church
Inaugural 5K Walk/Run and Fun Run" event on January 28,
2012.
C) Approve Special Event permit, noise and alcohol permits,
and related street closures for "Pirates of St. Juans Street
Party" on September 17, 2011.
D) Approve extension of the Special Event, noise and alcohol
permits for the All Souls Catholic Church's Annual "Harvest
Festival" to include Thursday, November 3, 2011.
2011-623
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
E) Approve Fourth Amendment to the Administrative Services
Agreement with Blue Cross and Blue Shield of Florida, Inc.
F) Approve Agreement with Seminole County Public Schools
for School Resource Officers for the period of July 1, 2011
through June 30, 2012.
G) Approve Interlocal Agreement with Volusia County for
midge and mosquito control.
H) Retire service weapon serial # U 712521 and authorize
retired Police Lieutenant Michael Horan to receive his
service weapon.
I) Approve staffs usage of an Equipment Rental Rate
Calculator for ascertaining and assessing rental rates for City
assets used at special events.
J) Approve the submittal of the FEMA Assistance to
Firefighters grant, execute the MOU with Seminole County
and upon award, authorize an increase of $170,870 to the
general fund capital project budget and the use of $34,174 in
matching funds from the Fire Safety Impact Fee budget.
K) Approve use of the updated value and evaluation criteria for
2011-624
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
downtown stormwater credits. (Work Session Item 3)
[Commission Memo 11- 139.K]
L) Approve lease agreement with the Goldsboro Westside
Community Historical Association. (Work Session Item
1)[Commission Memo 11- 139.L]
Commissioner Jones noted that the funds for Item "F" are
coming from the General Fund, not from the Law Enforcement Trust Fund.
Commisisoner Jones moved to approve the Consent items "A ",
"B ", "D" through "I ". Seconded by Vice Mayor Mahany and carried by vote of the
Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
Moira Wisdom, Little Fish, Huge Pond, appeared and answered
questions.
Commissioner Williams moved to approve Consent Item "C ",
to allow the Special Event to stay open until 2 AM provided that the amplified music
not exceeding 100 dbA measured 50' from the sound source (per adopted Ordinance
2008 -4131) and end at 1 AM. Seconded by Vice Mayor Mahany and carried by vote
2011-625
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
7) PUBLIC HEARINGS:
A) Second Reading: Ordinance No. 4247, amending Section
66 -32, City Code, pertaining to membership in the
police officers' retirement system. Ad publlished August 7,
2011. [Commission Memo 11 -140]
Vice Mayor Mahany moved to adopt Ordinance No. 4247.
Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
B) Second Reading: 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,
2011-626
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
2011. [Commission Memo 11 -141 ]
Commissioner Jones moved to continue this item to September
12, 2011. Seconded by Commissioner Williams and carried by vote of the
Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
Both Commissioner Williams and Vice Mayor Mahany asked to
meet with Russ Gibson, Director of Planning and Development separately to review
the project prior to the next meeting.
Mayor Triplett asked that Item 8.E be considered next.
8.E) Continued from August 8, 2011: Approval of Final Plat for
Southridge, a commercial subdivision located at 995 Rinehart
Road. [Commission Memo 11 -148]
Commissioner Jones moved to continue this item to September
12, 2011. Seconded by Commissioner Williams and carried by vote of the
Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
2011-627
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
C) First Reading: 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,
201 L[Commission Memo 11 -143]
Matthew West, Ivey Planning Group, 1349 S. International
Parkway, Suite 2441, Lake Mary, FL., appeared and addressed the 5 year extension
request.
Commissioner Jones moved to approve first reading of Ordinance No.
4249. Seconded by Commissioner Williams and carried by vote of the Commission as
follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
D) Continue to December 12, 2011: Ordinance No. 4240
vacating a portion of 2 " d Street generally located at 915
West 1 St Street. RCE Consultants, LLC (Laurence and
2011-628
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
Rebecca Poliner), Applicant; Harry Ellis, Jr., Owner. Ad
published May 29, 2011 and June 12, 2011; property posted
May 31, 2011; owners notified May 25, 2011. Continued
from June 27, 2011 .
Commissioner Jones moved to continue this item to
December 12, 2011. Seconded by Commissioner Williams and carried by vote
of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
8) OTHER ITEMS:
A) Resolution No. 2240, Supporting the River of Lakes
Heritage Corridor. [Commission Memo 11 -144]
Vice Mayor Mahany moved to adopt Resolution No. 2240.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
B) Resolution No. 2241 authorizing the 2012 FRDAP grant
application for $200,000 for the Academy Manor Park
2011-629
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
Project and the 2012 FRDAP grant reapplication for the
$200,000 for Coastline Park and for approval of 2012 FCT
grant re- application for $1,000,000 for School Board
property acquisition. [Commission Memo 11 -145]
Commissioner Williams moved to adopt Resolution No. 2241.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
C) Resolution No. 2242, providing for an Oath of Office for the
City Manager. [Commission Memo 11 -149]
Commissioner Williams moved to adopt Resolution No. 2242.
Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
D) 170 Kelly Circle — request for lien waiver. Owners Valentin
Garcia and Silfredo Acosta. [Commission Memo 11 -146]
Commissioner Jones temporarily left the meeting.
Commissioner Williams moved to reduce the lien to $400.00
2011-630
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
contingent upon payment within 30 days. Seconded by Vice Mayor Mahaney and
carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Absent for vote
Commissioner Jones returned to the meeting.
E) Continued from August 8, 2011: Approval of Final Plat for
Southridge, a commercial subdivision located at 995 Rinehart
Road. [Commission Memo 11 -148]
NOTE: SEE ITEM 7.13 ABOVE FOR ACTION ON THIS ITEM.
Commissioner Williams clarified that the lease for the Goldsboro
Westside Community Historical Association was approved under the Consent Agenda
this evening. Mayor Triplett stated he is looking forward to volunteering his services
to assist the Association with their move into the new location.
9) CITY ATTORNEY'S REPORT.
Assistant City Attorney Lonnie Groot said that he had briefed the
Commission at the Work Session earlier today on bringing forward an Ordinance for
first reading tonight regarding Pain Management Clinics and noted that this would in
no way negate two public hearings on this Ordinance, that a second and third public
2011-631
CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
hearing will be heard after advertisement.
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
PERTAINING TO PAIN MANAGEMENT CLINICS,
PROVIDING FOR LEGISLATIVE FINDINGS, PROVIDING
FOR OPERATIONAL STANDARDS AND REGULATIONS
RELATING TO PAIN MANAGEMENT CLINICS, PROVIDING
FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR
IMPLEMENTIVE ADMINISTRATIVE ACTIONS, PROVIDING
FOR A SAVING PROVISION, PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFECTIVE
DATE.
Vice Mayor Mahany moved to approve the Pain Management Clinic
Ordinance on first reading. Seconded by Commissioner Williams and carried by vote
of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Aye
Commissioner Williams Aye
Commissioner Jones Aye
Mayor Triplett quoted statistics from a hand -out provided by Assistant
City Attorney Groot noting Florida had 41 million oxycodone purchases by
practitioners from January to June, 2010, versus 4 million for the remaining 49 states.
He thanked Police Chief Lee and others for calling this to the Commissions' attention.
10) CITY CLERK'S REPORT.
11) CITY MANAGER'S REPORT.
2011-632
CITY COMMISSION MINUTES August 22, 2011
REGULAR MEETING
12) CITIZEN PARTICIPATION.
Assistant City Attorney Groot stated he noticed on several of the
green "Request to Speak" forms that several persons including the applicant would
like to speak regarding "The Lofts" project and noted that there is an application
pending, that there are quasi judicial hearings that will occur, that it is his deep and
profound recommendation that the City Commission does not hear any comments or
testimony on a pending application prior to the public hearings on the matter and that
they not call upon speakers to make presentations on this pending application. Mr.
Groot recommended on the basis of legal considerations, that testimony on The Lofts
application not be heard tonight.
Russ Gibson, Director of Planning and Development, stated he had a
scheduled meeting this morning specifically to determine what is needed to move
forward. The project is tentatively scheduled before the Planning and Zoning
Commission for the first public hearing on September 15, 2011, provided the City
receives all the information requested from the applicant in a timely manner.
It was the consensus of the Commission to direct staff to expedite the
hearing on The Lofts as much as they can.
Bill Starmer, 696 Barrington Circle, Winter Springs, submitted into the
2011-633
CITY COMMISSION MINUTES
August 22, 2011
REGULAR MEETING
record a copy of a staff email as well as his response to it (on the reverse side).
Robert L. Hillery, 1843 McCarthy Avenue, stated his objection to "the
Assistant City Attorney shutting the whole Commission down so they can't talk to
their citizens" and felt there is "something wrong with this picture ".
Commissioner Williams clarified that the attorney was not saying the
citizens can't talk and come before them with their concerns, but he is saying they can
only come at a certain time. She clarified that she is not saying whether she supports
the project or not, that no one knows if she supports the project or not.
13) CITY COMMISSIONER'S REPORTS.
Commissioner Jones reminded everyone that Grandparents Day is
coming on September 11`
Commissioner Mahany said a ribbon cutting will be held this Friday at
Evolution Auto on Rinehart Road and invited everyone to attend.
Commissioner Williams asked if the Mayor could contact Seminole
County or HUD to see if an extension could be arranged for The Lofts: Mayor
Triplett stated "consider it done" and directed the following comment to both Mr.
Hillery's: "it pains him not to be able to listen to what's going on at this time but he
has to take one hat off and put on the other one."
14) END THE MEETING.
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REGULAR MEETING
There being no further business, the meeting was adjourned at 9:23
PM.
Attest:
i
Clerk
1
pal