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092611 rm agn & min2011-666 • CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING MONDAY, September 26, 2011 7 PM City Commission Chambers 1 St Floor Sanford City Hall 300 North Park Avenue 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 Triplett. 2) Invocation: Elder Virginia Wells, True Holiness Deliverance Tabernacle 3) Pledge of Allegiance. 4) Minutes. September 12, 2011 Work Session and Regular Meeting and September 19, 2011 Special Meeting. 5) PRESENTATIONS /COMMENDATIONS: • Proclamation: National Community Planning Month 7:02 6) SECOND PUBLIC HEARING for adoption of the 2011/2012 MILLAGE and the 2011/2012 BUDGET. [Commission Memo 11 -177] A) Resolution No. 2249, adopting the millage rate. B) Resolution No. 2250, adopting the budget. 7:04 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 -169] 2011-667 • CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING A) Approve budget amendment for Fire Dept. training in the amount of $8,900. B) Approve proposal from Ardaman & Associates for groundwater consulting services at an annual cost of $36,612. C) Approve blanket purchase order in the amount of $90,000 to Ten -8 Fire Equipment. D) Approve purchase with Motorola of $833,900 for Police radio upgrades, approve budget amendment in the amount of $521,963 to Capital Replacement Fund and authorize City Manager to execute the piggyback contract. E) Approve Special Event permit, noise permit and street closure for "Christmas in the Square & Tree Lighting Ceremony" on December 2, 2011. F) Approve Special Event permit with necessary street closures and a noise permit for the "6 Annual Illuminated Christmas Parade" event • December 10, 2011. G) Approve Special Event permit with the closure of Magnolia Square, the municipal parking lot and necessary street closures for the "Spooky Hollow Event" October 31, 2011. H) Accept Water and Wastewater Financial Forecast Report prepared by Public Resource Management Group (PRMG).(Work Session Item 1) 1) Approve lease agreement with Historic Sanford Welcome Center, Inc. 7:10 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: 1 S ` - staff; 2 nd - applicant/requesting party; 3 rd - public; final - City Commission motion, discussion and action.) A) Continued from September 12, 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 -171] B) Second reading and adoption: Ordinance No. 4250, annexing 2.8 acres at 701 Florida Street, City of Sanford, owner. Ad published September 11 • and 18, 2011. [Commission Memo 11 -172] 2011-668 • CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING C) Second reading and adoption: Ordinance No. 4251, Code Enforcement Lien Amnesty Program. Ad published September 11, 2011. [Commission Memo 11 -173] D) Third reading and adoption: Ordinance No. 4252, Pain Management Clinics. Ad published September 11, 2011. [Commission Memo 11 -174] E) Second reading and adoption: Ordinance No. 4254, pertaining to the regulation of guns and the State preemption pertaining to such regulation. Ad published September 11, 2011. [Commission Memo 11 -175] • 7:30 9) OTHER ITEMS. A) Continued from September 12, 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 -176] B) Resolution No. 2251, repealing Resolution No. 2008 -2015 related to credit card processing fees. [Commission Memo 11 -178] C) Resolution No. 2252, accepting the Water Facilities Plan with Addendum Number 2 and authorizing City Manager to institute implementing actions. [Commission Memo 11 -179] D) Resolution No. 2253, conveying a portion of Country Club Road right of way to the Florida Department of Transportation for the Central Florida Commuter Rail Corridor, SunRail project. [Commission Memo 11 -180] 10) CITY ATTORNEY'S REPORT. 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. • • 2011-669 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 26, 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. City Clerk Janet R. Dougherty Records Manager Pat Lee City Attorney William L. Colbert 1) Meeting was called to order by Mayor Triplett at 7:38 PM. 2) Invocation by Elder Virginia Wells, True Holiness Deliverance Tabernacle. 3) Pledge of Allegiance. City Attorney William Colbert announced that he just received a letter from Attorney Randi Fitzgerald of Lowndes, Droskick, Doster Kantor & Reed, P.A., attorneys for Christopher E. Kelley, Trustee and Seminole Farms Trust IV, withdrawing the application for Southridge PD and Final Plat for Southridge that are listed on tonight's agenda (Item 8.A and 9.A), noting the Mayor and Commissioner's were also handed a copy of the letter as was the City Clerk. Commissioner Williams moved to accept the withdrawal of the Southridge South PD and final plat for Southridge as requested by Attorney Randi • Fitzgerald. Seconded by Commissioner M and carried by vote of the . 2011-670 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Jones Aye 4) Minutes. September 12, 2011 Work Session and Regular Meeting and September 19, 2011 Special 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'Carty Aye Commissioner Williams Aye Commissioner Jones Aye 5) PRESENTATIONS /COMMENDATIONS: o Proclamation: National Community Planning Month 6) SECOND PUBLIC HEARING for adoption of the 2011/2012 MILLAGE and the 2011/2012 BUDGET. [Commission Memo 11 -177] A) Resolution No. 2249, adopting the millage rate. Vice Mayor Mahany moved to approve Resolution No. 2249 adopting the 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 2011-671 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye B) Resolution No. 2250, adopting the budget. Vice Mayor Mahany moved to approve Resolution No. 2250 establishing the operating budget and capital improvement plan presented for the fiscal year beginning 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 7) CONSENT AGENDA: [Commission Memo 11 -169] A) Approve budget amendment for Fire Dept. training in the amount of $8,900. B) Approve proposal from Ardaman & Associates for groundwater consulting services at an annual cost of $36,612. C) Approve blanket purchase order in the amount of $90,000 to Ten -8 Fire Equipment. D) Approve purchase with Motorola of $833,900 for Police radio 2011-672 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING upgrades, approve budget amendment in the amount of $521,963 to Capital Replacement Fund and authorize City Manager to execute the piggyback contract. E) Approve Special Event permit, noise permit and street closure for "Christmas in the Square & Tree Lighting Ceremony" on December 2, 2011. F) Approve Special Event permit with necessary street closures and a noise permit for the "6` Annual Illuminated Christmas Parade" event December 10, 2011. G) Approve Special Event permit with the closure of Magnolia Square, the municipal parking lot and necessary street closures for the "Spooky Hollow Event" October 31, 2011. H) Accept Water and Wastewater Financial Forecast Report prepared by Public Resource Management Group (PRMG).(Work Session Item 1) I) Approve lease agreement with Historic Sanford Welcome Center, Inc. Vice Mayor Mahany moved to approve the Consent Agenda. Seconded by Commissioner Williams and carried by vote of the Commission as 0 follows: 2011-673 CITY COMMISSION MINUTES September 26, 2011 . REGULAR MEETING Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 8) PUBLIC HEARINGS: A) Continued from September 12, 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 11-171] This item was withdrawn by the applicant's attorney (see motion under Item 3.) B) Second reading and adoption: Ordinance No. 4250, annexing 2.8 acres at 701 Florida Street, City of Sanford, owner. Ad published September 11 and 18, 2011. [Commission Memo 11 -172] Commissioner Jones moved to adopt Ordinance No. 4250. 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 C) Second reading and adoption: Ordinance No. 4251, Code 2011-674 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING Enforcement Lien Amnesty Program. Ad published September 11, 2011. [Commission Memo 11 -173] Commissioner Williams moved to adopt Ordinance No. 4251 on second reading. Seconded by Vice Mayor Mahany 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 D). Third reading and adoption: Ordinance No. 4252, Pain Management Clinics. Ad published September 11, 2011. [Commission Memo 11- 174] Vice Mayor Mahany moved to adopt Ordinance No. 4252 on third reading. 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 • E) Second reading and adoption: Ordinance No. 4254, pertaining to the regulation of guns and the State preemption pertaining to such regulation. Ad published September 11, 2011. [Commission Memo 11- 2011-675 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING 175] Vice Mayor Mahany moved to adopt Ordinance No. 4254 on second reading. 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 9) OTHER ITEMS: A) Continued from September 12, 2011: Approve the Final Plat for Southridge,acommercial 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 -176] This item was withdrawn by the applicant's attorney (see motion under Item 3) B) Resolution No. 2251, repealing Resolution No. 2008 -2015 related to credit card processing fees. [Commission Memo 11 -178] Commissioner Jones moved to adopt Resolution No. 2251. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner McCarty Aye 2011-676 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING Commissioner Williams Aye Commissioner Jones Aye C) Resolution No. 2252, accepting the Water Facilities Plan with Addendum Number 2 and authorizing City Manager to institute implementing actions.[Commission Memo 11 -179] Commissioner McCarty moved to adopt Resolution No. 2252. 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 D) Resolution No. 2253, conveying a portion of Country Club Road right of way to the Florida Department of Transportation for the Central Florida Commuter Rail Corridor, SunRail Project. [Commission Memo 11 -180] Commissioner Williams moved to adopt Resolution No. 2253. 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 10) CITY ATTORNEY'S REPORT. 2011-677 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING City Attorney William Colbert asked the City Commission for direction regarding Maece Taylor, Inc. vs. City of Sanford case. Commissioner Williams moved to authorize Special Counsel to represent the City and file such motions, responses, pleadings and counter - claims as deemed necessary in the case of Maece Taylor, Inc. vs. City of Sanford, and to keep the City Commission informed of the status of the case. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Vice Mayor Mahany Aye Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye Vice Mayor Mahany moved to authorize the City Manager's Office and City Attorney to have discussions with the Florida League of Cities regarding possibilities of cost containment and cost sharing opportunities in the Maece Taylor, Inc. vs. City of Sanford case. 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 Mr. Colbert announced they have hired a new attorney with their law firm that will start October 5, 2011, who is skilled in trial litigation and governmental 2011-678 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING affairs and looks forward to introducing him to the Mayor and Commission. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Thelma Mike spoke regarding the annexation of 701 Florida Street. Gloria Baskerville gave kudos to Police Chief Lee for following through with the lighting situation at Coastline Park. • 14) CITY COMMISSIONER'S REPORTS. Commissioner McCarty recognized and thanked Bilal Iftikhar for an "incredible job" he has done as Acting Public Works Director. Commissioner Jones reported a few of the new lights on 17 -92 are not working. He stated he thoroughly enjoyed the Seminole High School parade. Vice Mayor Mahany stated she has been working with the Assistant City Attorney on a panhandling ordinance and would like to have a public work session to include citizen input. Vice Mayor Mahany reported that on September 22, 2011, Trace Trylko was able to assist 184 people obtain either an identification card, driver's license, birth certificate or veterans benefits during the recent IDignity event held at St. Pauls Missionary Baptist Church. She thanked Mayor Triplett, Mr. Bonaparte and Mr. George for their support. 2011-679 CITY COMMISSION MINUTES September 26, 2011 REGULAR MEETING Commissioner Williams advised that citizens from Academy Manor will be contacting Leisure Services regarding some concerns that they have. She noted that the Goldsboro Westside Historical Museum has submitted an application for a Grand Opening for October 29 and is looking forward to the City working closely with them. Commissioner Williams asked the Commission for support in changing the name of two streets: change 13 Street to Goldsboro Avenue which was its original name; and change Lake Avenue to Clark Avenue which was its original • name and that a marker be placed there in honor of Manny Clark Jr. She will bring these items forward at the next Commission meeting for approval. Commissioner Williams commended all City staff for all they do. Mayor Triplett read two emails into the record pertaining to the Police Department working with the citizens and commended Police Chief Lee and his staff for their professionalism. He spoke regarding the IDignity Program. Mayor Triplett noted a call he received from the Mayor of Deltona requesting that the two Commissions meet and his willingness to do so. Regarding the Sanford Lofts group, he has been working with staff and Seminole County to move the project forward and will keep the Commission informed of their progress. 15) END THE MEETING There being no further business, the meeting was adjourned at 8:45 PM. • 2011-680 CITY COMMISSION MINUTES September 26, 2011 REGULAR ETING Mayor J Attest: S City derk Pal • •