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CITY COMMISSION MINUTES
MARCH 12 2012
REGULAR MEETING
CITY OF SANFORD
CITY COMMISSION MEETING
City Commission Chambers
1 St Floor
Sanford City Hall
MONDAY, March 12, 2012 300 North Park Avenue
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)
Speaking Before the City Commission. There is a three (3) minutes time limit for each speaker
on each item, except a person representing an organization and presenting its views during a
quasi judicial hearing will be allowed five (5) minutes, and a person speaking under Citizen
Participation will also be allowed five (5) minutes. Your cooperation is appreciated in observing
the time limit policy. Each person desiring to address the City Commission on an agenda item
pending before the City Commission must, before addressing the City Commission, legibly
complete a citizen's input form and submit the form to the City Clerk or designee.
Pledge of Civility. A resolution was adopted by the City Commission of the City of Sanford
recognizing the importance of civility, decency, decorum and respectful behavior in promoting
citizen participation in a democratic government. The City of Sanford calls upon the elected
officials, employees, and the public to exercise civility toward each other. (Resolution No. 2226,
04/11/11)
AGENDA
1) Meeting call to order by Mayor Triplett.
2) Invocation:
3) Pledge of Allegiance.
4) Presentations /Commendations:
5) Minutes.
February 27, 2012 Work Session & Regular Meeting.
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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 12 -038]
A. Approve work order to CPH Engineers, Inc. in the amount of $107,468 to
obtain technical and engineering services applicable to the Water Main Looping
Project.
B. Approve $25,000 grant from
Community Development Block
Goldsboro Front Porch Council,
Development Academy.
Dept. of Housing and Urban Development
Grant 2011 -2012 allocation to fund the
Inc. Youth Empowerment and Leadership
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: I" - staff; 2 nd -
applicant/requesting party; 3` - public; final - City Commission motion, discussion and action.)
A) Second Reading: Ordinance No. 4267: amending the Sanford Auto Mall
Planned Development Master Plan (Evolution Auto). Owners: Seminole
County BCC and SAMY Reality, LLC; Applicant: Florida Engineering Group. Ad
published February 26, 2012. [Commission Memo 12 -039]
B) Second Reading: Ordinance No. 4268, amending the City Code regarding
Police Officers' Retirement System to allow investment in real estate. Ad
published February 26, 2012. [Commission Memo 12 -040]
C) First Reading: Ordinance No. 4266, annexing 1.0 acre at 325 Fern Drive.
Owner /Applicant: Norman Builders, Inc. Ad published March 11,
2012. [Commission Memo 12 -041]
8) OTHER ITEMS.
A) Resolution No. 2283, authorizing application to the Florida Department of
Agriculture and Consumer Services, Florida Forest Service, 2012 National
Urban and Community Grant Program. [Commission Memo 12 -042]
B) Resolution No. 2284, authorizing application for the 2012 LWCF grant for
$200,000 for the Goldsboro Trailhead project at Coastline Park. [Commission
Memo 12 -043]
C) Resolution No. 2285, amending the budget for the Joint Participation
Agreement (JPA) with the Florida Dept. of Transportation (FDOT).
[Commission Memo 12 -044]
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D) Resolution No. 2286, authorizing application for a 2012 Seminole County
Boating Improvement Program grant. [Commission Memo 12 -045]
E) Resolution No. 2287, authorizing application for, acceptance and
implementation of Economic Development Administration grant for
Sanford Avenue Streetscape.[Commission Memo 12 -0461
F) Request for exception to the number of dogs allowable on residential
property. Applicant: Tom and Judy Tedesco, Lessees; Owner: Chris
Brown. [Commission Memo 12 -047]
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. If you have a matter you would like to discuss which requires more
than five (5) minutes, please feel free to arrange a meeting with the appropriate administrative or
elected official. This Citizen Participation is for the City Commission to receive citizen input and
comments pertaining to matters over which the City Commission has jurisdiction or control.
Questions directed to the City Commission may be referred to City staff to be answered within a
reasonable period of time following the meeting.
13) CITY COMMISSIONERS' REPORTS.
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The City Commission of the City of Sanford, Florida, met in Regular
Meeting on Monday, March 12, 2012, 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 ° Carty
Commissioner Velma Williams
City Manager Norton N. Bonaparte, Jr.
City Attorney William L. Colbert
City Clerk Janet Dougherty
Deputy City Clerk Cynthia Porter
Absent: Commissioner Randy Jones
1) Meeting was called to order by Mayor Triplett at 7:23 PM.
2) Invocation by Pastor Benjamin Adams, Rejected Stone Full Mission Non -
Denominational Church.
3) Pledge of Allegiance.
4) Presentations /Commendations:
Christine Dalton, Historic Preservation Officer and Community Planner,
said that in 2011 the City submitted a grant to the Division of Historical Resources for a
Preserve American Grant to create a historic preservation lecture series in partnership
with the Sanford Historic Trust. The grant was awarded and provided an opportunity for
the City to attract nationally renowned speakers to share their knowledge on various
preservation related topics. Nelson Beverly, Historic Trust Treasurer, distributed
invitations to the Commission to attend the 2012 Sanford Historic Preservation Lecture
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Series sponsored by the Sanford Historic Trust and the City of Sanford Historic
Preservation Board.
5) Minutes.
February 27, 2012 Work Session & Regular Meeting.
Vice Mayor Mahany moved to approve the Minutes. 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
6) CONSENT AGENDA: [Commission Memo 12 -038]
A. Approve work order to CPH Engineers, Inc., in the amount of
$107,468 to obtain technical and engineering services applicable to the
Water Main Looping Project.
B. Approve $25,000 grant from Department of Housing and Urban
Development Community Development Block Grant 2011 -2012 allocation
to fund the Goldsboro Front Porch Council, Inc. Youth Empowerment and
Leadership Development Academy.
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
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Commissioner M Aye
Commissioner Williams Aye
7) PUBLIC HEARINGS:
A) Second Reading of Ordinance No. 4267, amending the Sanford Auto
Mall Planned Development Master Plan (Evolution Auto). Owners:
Seminole County BCC and SAMY Reality, LLC; Applicant: Florida
Engineering Group. Ad published February 26, 2012. [Commission Memo
12 -039]
Vice Mayor Mahany moved to adopt Ordinance No. 4267. 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
B) Second Reading of Ordinance No. 4268, amending the City Code
regarding Police Officers' Retirement System to allow investment in
real estate. Ad published February 26, 2012. [Commission Memo 12 -040]
Commissioner M moved to adopt Ordinance No. 4268. 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
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C) First Reading of Ordinance No. 4266, annexing 1.0 acre at 325 Fern
Drive. Owner /Applicant: Norman Builders, Inc. Ad published March 11,
2012. [Commission Memo 12 -041 ]
Commissioner M moved to approve the first reading of Ordinance
No. 4266. 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
8) OTHER ITEMS.
A) Resolution No. 2283, authorizing application to the Florida
Department of Agriculture and Consumer Services, Florida Forest
Service, 2012 National Urban and Community Grant Program.
[Commission Memo 12 -042]
Vice Mayor Mahany moved to adopt Resolution No. 2283. 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
B) Resolution No. 2284, authorizing application for the 2012 LWCF
grant for $200,000 for the Goldsboro Trailhead project at Coastline
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Park. [Commission Memo 12 -043]
Commissioner Williams moved to adopt Resolution No. 2284. 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
C) Resolution No. 2285, amending the budget for the Joint Participation
Agreement (JPA) with the Florida Department of Transportation
(FDOT). [Commission Memo 12 -044]
Commissioner Williams moved to adopt Resolution No. 2285. 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
D) Resolution No. 2286, authorizing application for a 2012 Seminole
County Boating Improvement Program grant. [Commission Memo 12-
045]
Commissioner M moved to adopt Resolution No. 2286. 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
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E) Resolution No. 2287, authorizing application for, acceptance and
implementation of Economic Development Administration grant for
Sanford Avenue Streetscape.[Commission Memo 12 -046]
Commissioner M ° Carty moved to adopt Resolution No. 2287. 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
F) Request for exception to the number of dogs allowable on residential
property. Applicant: Tom and Judy Tedesco, Lessees; Owner: Chris
Brown. [Commission Memo 12 -047]
Mayor Triplett passed the gavel to Vice Mayor Mahany and moved to
grant three months to allow the resident to come into compliance. Seconded by
Commissioner Williams. Vice Mayor Mahany passed the gavel back to Mayor Triplett.
The motion was carried by vote of the Commission as follows:
Mayor Triplett Aye
Vice Mayor Mahany Nay
Commissioner M ° Carty Aye
Commissioner Williams Aye
9) CITY ATTORNEY'S REPORT.
10) CITY CLERK'S REPORT.
11) CITY MANAGER'S REPORT.
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12) CITIZEN PARTICIPATION.
Betty Anne Howard, the owner of a beauty salon on First Street, expressed
concern over the closing of First Street for the upcoming art festival. The event is
scheduled for the first weekend of the month from 3 PM on Friday, all day Saturday and
all day Sunday until after 10 PM. When First Street is closed it definitely hurts business
for her and all of those on First Street. Her shop has six people trying to make a living
and they are definitely inconvenienced when the street is closed. It is unacceptable for the
street to be closed. She asked why the RiverWalk can't be used for the festival. Mayor
Triplett said that this item will be on the next agenda and Ms. Howard's comments will
be taken into consideration.
Toby Troutman asked where we are on the feeding situation. Mr. Thomas
said that he is still working on the situation. The Development Review Team had a full
discussion on it Tuesday. There are policies and procedures that need to be reviewed by
various City departments. The item is still moving forward but there are issues coming
up that weren't anticipated. If the particular site chosen does not work out, it won't stop
them from being moved out. He is still looking for an alternate site. The goal is to get
them out as quickly as possible. He gave the assurance that he is aggressively pursuing
this matter.
James Davis spoke about the tragedy of the young man who was shot. He
doesn't question the Police Chief in his motivation in the handling of this tragic situation.
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He assumes that the Chief is color blind. He is not making it a racial issue. He is a
concerned citizen who has observed a policy statement by the City through the Police
Department which states that a white man can leave his residence packing a gun and get
into an unofficial vehicle without an official uniform of any kind and under the auspices
of neighborhood watch see a black man walking in his community and call the dispatch
of the Police Department and be told not to engage this man, but engage this man and
have a confrontation that results in that man being shot to death and that be called a
justifiable shooting. What this policy means also is a black man with the same weapon
permit can observe a white man walking in his community and engage that individual and
conclude that that white man was acting suspicious in his neighborhood and have a
confrontation with that white man and shoot him to death, and that should also be called a
justifiable shooting. This current policy is being forced upon this City without being
vetted by the City Commission or the citizens of Sanford. He is being asked of young
black men what are the rules of engagement? If we have a white man accost us in a
community how should we react? Should we assume that we're going to be shot and
shoot first? Understand that this is the policy that is being perpetuated. The fourth
amendment of the Constitution of the United States reads that the right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrant shall be issued but upon probable cause
supported by an oath or affirmation particularly describing the place to be searched, and
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the persons or things to be seized. We should be concerned as a City about what is being
forced upon this City in terms of a policy being perpetuated or pushed by this Police
Department. He thinks the Commission should look into this because it is something that
is very important to us as black citizens in regard to these gated communities and these
guys who are packing guns in these communities. We have a Constitutional right to feel
secure in our person no matter where we walk and not fear that we will be accosted by
somebody who is going to kill us.
Henry Sweet spoke regarding the killing tragedy; it's criminal. He has yet
to receive an answer to the question as to why was this man not arrested.
Thelma Mike said that she is glad to see the trail opened. It is already in
use. Regarding the situation with the shooting of the young man, it has put a block on the
City of Sanford that we haven't had in a long time. We know that there have been
problems and misunderstanding as far as the Police Department is concerned, and with
the issue that is before us now, if we thought something was being done better, with this
particular incident it seems like we are just where we were before. We can't say that
we're going to settle all of these issues but we trust that it doesn't get any further out of
hand. It is a blot on Sanford. We trust that we can alleviate some of the things because
of all things that we do not want to happen is any violence if at all possible. She asked
that these things be considered very carefully, very closely, and work with the Chief of
Police and see what can be done and rectify this before it gets out of hand.
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Ben Adams said that a lot of people are wondering why a young man is
gone for no particular reason and nothing has been done about it; we need to think about
that.
13) CITY COMMISSIONERS' REPORTS.
Commissioner Williams said the trail is looking great. She has received a
lot of compliments and is very pleased. She thanked the Public Works and Recreation
Departments. Regarding the shooting situation, she is pained and very concerned about
it. She is helpless in terms of what she can do about it other than express her opinion and
take a stand and she will always do that.
Vice Mayor Mahany said that she is deeply sorry about the tragedy and is
truly hoping and praying for justice. She is not privy to information about the case but
she has tremendous faith in Chief Lee and his officers. She is really sorry for our
community.
Commissioner M said that he is saddened by all that has happened.
He doesn't know how to express how he would feel if it was his daughter. He wants
answers. Adversity is always difficult to go through. He hates to see the family and the
City go through it. He recently attended the second annual prayer breakfast where they
prayed for our employees, our business people, and our people who serve us. He is sure
there will be a conclusion with this and it will be taken care of. He showed a video clip
of good things going on in Sanford.
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Mayor Triplett said he sat with Mr. Davis and others the other night and
stated exactly where he stands on this tragedy; it is truly is tragic for all of us; his heart
goes out; hopefully tomorrow we'll bring some resolution to everybody. God bless you
all. I love you all. This is all of ours City.
There being no further business, the meeting was adjourthd at 9:04 PM.
Mayor Jeff Tri
Attest:
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