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091211 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 NN.V N.V /V N.V IV.V N.V.V IV IV IV N.V rV NNNIV .V.V.�..V.V NNiVtiN N.V .V.V NN .V.V.V .V..I.V rV.V HNrV.V N.V.VNN/VNN.VNN 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. 2011 -640 CITY COMMISSION MINUTES SEPTEMBER 12, 2011 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.) 2011 -641 CITY COMMISSION MINUTES SEPTEMBER 12, 2011 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 2011 -642 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 2011 -644 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 2011 -645 CITY COMMISSION MINUTES SEPTEMBER 12 2011 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 2011 -647 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 2011 -648 CITY COMMISSION MINUTES SEPTEMBER 12 2011 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. 2011 -650 CITY COMMISSION MINUTES SEPTEMBER 12, 2011 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: 2011 -651 CITY COMMISSION MINUTES SEPTEMBER 12 2011 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 2011 -652 CITY COMMISSION MINUTES SEPTEMBER 12 2011 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. 2011 -654 CITY COMMISSION MINUTES SEPTEMBER 12 2011 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