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032513 rm agn & min 2013 -089 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING CITY OF SANFORD COMMISSION MEETING City Commission Chambers 1 Floor Sanford City Hall MONDAY, March 25, 2013 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 by Rev. Jim Timmons, Contractors for Christ Ministry. 3) Pledge of Allegiance. 4) Presentation: • Proclamation: National Public Works Week 5) Minutes. March 11, 2013 Work Session and Regular Meeting. 2013 -090 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 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 13 -050] A. Approve procurement of services from Stage Door II in an amount not to exceed $28,741 for the completion of the Memorial Park Erosion Mitigation project. B. Accept and file the Sanford Airport Authority's Financial Report for the fiscal year ended September 30, 2012 and 2011. [WS -1] C. Accept and file the Comprehensive Annual Financial Report for fiscal year ended September 30, 2012. [WS -2] D. Approve purchase order to Fisher Scientific Company, L.L.C. in the amount of $65,700. E. Approve the special event permit, noise permit and street closures for the `Seminole County River 5K Walk/Run' event.' F. Approve the special event permit, noise permit and street closures, for the `4 Annual CFRH Nurses' Week 5K Run' event.' G. Approve the special event permit with noise and alcohol permits for the 'All Souls Catholic Church's Annual Harvest Festival' event.' H. Approve expenditure of $65,000 for the Goldsboro Front Porch Council, Inc.'s Home Energy Efficiency Improvement Program with the funds being appropriated from HUD's CDBG 2011 -2012 allocation. I. Approve a grant agreement in the amount of $16,351 with the Seminole County Branch of the NAACP for the ACT -SO program with funds being appropriated from the HUD CDBG 2012 -2013 allocation. 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 - staff; 2 - applicant/requesting party; 3 - public; final - City Commission motion, discussion and action.) A. First reading of Ordinance No. 4287, amending the Rager PD to allow vehicular sales. Owner /applicant: Rager Studios, Inc. Ad published March 24, 2013. [Commission Memo 13 -059] 2013 -091 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 8) OTHER ITEMS. A. Approve Resolution No. 2389, approving RAM Sales, LLC for Jobs Growth Incentive (JGI) grant funding. [Commission Memo 13 -051] B. Joint Participation Agreement with the Florida Department of Transportation for Construction of Persimmon Avenue. [Commission Memo 13 -052] 1) Approve Resolution No. 2390 amending budget in the amount of $480,000 for the Persimmon Avenue road widening project in conjunction with the JPA with the Florida Department of Transportation. 2) Approve Resolution No. 2391 to authorize the JPA with the Florida Department of Transportation and approve bidding the project in an amount not to exceed $960,000. C. Approve Resolution No. 2392 approving the 2013 Seminole County Boating Improvement Program (SCBIP) grant application for the North Shore Revetment Project. [Commission Memo 13 -053] D. Approve Resolution No. 2393 amending the budget in an amount not to exceed $40,697 for erosion repairs at Veterans Memorial Park. [Commission Memo 13 -054] E. Approve the Final Plat for Windsor Lake Townhomes Replat 1. [Commission Memo 13 -055] F. Condemnation of structure - 610 (& 616) Hickory Avenue. Notice sent to owners Stephanie A. Egan and Thomas J. Lima on February 13, 2013. Property posted February 14, 2013. Ad published in the Sanford Herald on February 20 and 24, 2013. [Commission Memo 13 -056] G. Condemnation of structure - 1406 West 16 Street. Notice sent to owner Wilma M. Knight Heirs, c/o Juanita Adams on February 13, 2013. Property posted February 14, 2013. Ad published in the Sanford Herald on February 20 and 24, 2013. [Commission Memo 13 -057] H. Approve Resolution No. 2395 amending the Classification and Pay Plan relating to Utility Plant Operator positions. [Commission Memo 13 -060] I. Approve Resolution No. 2394 to approve staff to submit the Florida Department of Health's EMS grant application. [Commission Memo 13 -061] 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 2013 -092 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 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 COMMISSIONER'S REPORTS. r 2013 -093 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, March 25, 2013, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Vice Mayor Randy Jones Commissioner Mark M Commissioner Velma Williams Commissioner Patty Mahany City Manager Norton N. Bonaparte, Jr. City Attorney William L. Colbert City Clerk Janet Dougherty Deputy City Clerk Cynthia Porter Absent: Mayor Jeff Triplett 1) Meeting was called to order by Vice Mayor Jones at 7:21 PM. 2) Invocation by Rev. Jim Timmons, Contractors for Christ Ministry. 3) Pledge of Allegiance. 4) Presentation: • Proclamation: National Public Works Week 5) Minutes. March 11, 2013 Work Session and Regular Meeting. Commissioner Mahany moved to approve the Minutes. Seconded by Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye 2013 -094 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING Vice Mayor Jones said the two Firefighter union contracts presented at today's Work Session will be added as Other Items J & K. 6) CONSENT AGENDA [Commission Memo 13 -050] Commissioner Williams requested that Consent Item H be pulled for separate consideration. A. Approve procurement of services from Stage Door II in an amount not to exceed $28,741 for the completion of the Memorial Park Erosion Mitigation project. B. Accept and file the Sanford Airport Authority's Financial Report for the fiscal year ended September 30, 2012 and 2011. [WS -1] C. Accept and file the Comprehensive Annual Financial Report for fiscal year ended September 30, 2012. [WS -2] D. Approve purchase order to Fisher Scientific Company, L.L.C. in the amount of $65,700. E. Approve the special event permit, noise permit and street closures for the `Seminole County River 5K Walk/Run' event.' F. Approve the special event permit, noise permit and street closures, for the4 Annual CFRH Nurses' Week 5K Run' event.' G. Approve the special event permit with noise and alcohol permits for the `All Souls Catholic Church's Annual Harvest Festival' event.' 2013 -095 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING H. Approve expenditure of $65,000 for the Goldsboro Front Porch Council, Inc.'s Home Energy Efficiency Improvement Program with the funds being appropriated from HUD's CDBG 2011 -2012 allocation. I. Approve a grant agreement in the amount of $16,351 with the Seminole County Branch of the NAACP for the ACT -SO program with funds being appropriated from the HUD CDBG 2012 -2013 allocation. Commissioner Williams moved to approve a grant agreement in the amount of $65,000 with the Goldsboro Front Porch Council, Inc., for its Home Energy Efficiency Improvement Program, giving preference to households that participated in the FPL Company Home Energy Makeover Program. Seconded by Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye Commissioner Williams moved to approve Consent Agenda Items A -G and I. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye 2013 -096 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 7) PUBLIC HEARINGS: A. First reading of Ordinance No. 4287, amending the Rager PD to allow vehicular sales. Owner /applicant: Rager Studios, Inc. Ad published March 24, 2013. [Commission Memo 13 -059] Commissioner Mahany moved to approve the first reading of Ordinance No. 4287. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye 8) OTHER ITEMS. A. Approve Resolution No. 2389, approving RAM Sales, LLC for Jobs Growth Incentive (JGI) grant funding. [Commission Memo 13 -051] Commissioner Mahany moved to approve Resolution No. 2389. Seconded by Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye B. Joint Participation Agreement with the Florida Department of Transportation for Construction of Persimmon Avenue. [Commission Memo 13 -052] 2013 -097 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 1) Approve Resolution No. 2390 amending budget in the amount of $480,000 for the Persimmon Avenue road widening project in conjunction with the JPA with the Florida Department of Transportation. Commissioner Williams moved to approve Resolution No. 2390. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye 2) Approve Resolution No. 2391 to authorize the JPA with the Florida Department of Transportation and approve bidding the project in an amount not to exceed $960,000. Commissioner Williams moved to approve Resolution No. 2391. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye C. Approve Resolution No. 2392 approving the 2013 Seminole County Boating Improvement Program (SCBIP) grant application for the North Shore Revetment Project. [Commission Memo 13 -053] Commissioner M moved to approve Resolution No. 2392. 2013 -098 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye D. Approve Resolution No. 2393 amending the budget in an amount not to exceed $40,697 for erosion repairs at Veterans Memorial Park. [Commission Memo 13 -054] Commissioner M moved to approve Resolution No. 2393. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye E. Approve the Final Plat for Windsor Lake Townhomes Replat 1. [Commission Memo 13 -055] Commissioner Mahany moved to approve the Final Plat for Windsor Lake Townhomes Replat 1. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye F. Condemnation of structure - 610 (& 616) Hickory Avenue. Notice sent to owners Stephanie A. Egan and Thomas J. Lima on February 13, 2013. 2013 -099 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING Property posted February 14, 2013. Ad published in the Sanford Herald on February 20 and 24, 2013. [Commission Memo 13 -056] Commissioner Williams moved to approve the condemnation. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye G. Condemnation of structure - 1406 West 16 Street. Notice sent to owner Wilma M. Knight Heirs, c/o Juanita Adams on February 13, 2013. Property posted February 14, 2013. Ad published in the Sanford Herald on February 20 and 24, 2013. [Commission Memo 13 -057] Commissioner Mahany moved to approve the condemnation. Seconded by Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye H. Approve Resolution No. 2395 amending the Classification and Pay Plan relating to Utility Plant Operator positions. [Commission Memo 13 -060] Commissioner Williams moved to approve Resolution No. 2395. Seconded by Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye 1 2013 -100 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING Commissioner Williams Aye Commissioner Mahany Aye Approve Resolution No. 2394 to approve staff to submit the Florida Department of Health's EMS grant application. [Commission Memo 13- 061] Commissioner Mahany moved to approve Resolution No. 2394. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye ADD - ON J. Approve agreement between City of Sanford and Sanford Professional Firefighters Local 3996 IAFF (Fire Fighter/EMT/Engineer and Fire Fighter /Paramedic) Commissioner Mahany moved to approve the Agreement. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye K. Approve agreement between City of Sanford and Sanford Professional Firefighters Local 3996 IAFF (Fire Lieutenants) Commissioner Mahany moved to approve the Agreement. Seconded by 2013 -101 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING Commissioner M and carried by vote of the Commission as follows: Vice Mayor Jones Aye Commissioner M Aye Commissioner Williams Aye Commissioner Mahany Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. City Manager Bonaparte announced that next Monday at 10:00 will be the swearing in of Police Chief Smith and invited everyone to attend. 12) CITIZEN PARTICIPATION. R.T. Hillery spoke regarding the Sanford Lofts and said that Florida Specs is still trying to honor the obligation to do the land swap. He met with Seminole County today and hopes to close on the property this week. He requested that the City pay the closing costs. Mr. Bonaparte said he met today with the Seminole County Manager and the County Attorney to discuss the land swap and also met with Mr. Hillery and Bishop Hillery. Tomorrow the Seminole County Board of County Commissioners will take action and if that happens the City will work to assist in the closing. The City is prepared to pay the City's closing costs. The City asked for clear title to the property. Seminole County did not and will not grant clear title to the property until certain conditions are met by Florida Specs. Once that takes place and Florida Specs can present the City clear title, the City is very interested in moving forward with the land swap. Mr. Hillery said 2013 -102 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING that closing costs were already paid when the downtown property was purchased by his organization. The project is being moved because the City wants it moved. Florida Specs has approval to build downtown. A lawsuit was filed but no action has been taken on it. Mr. Hillery suggested that the City move forward with getting a ruling on the lawsuit. Florida Specs is not paying the closing costs. Vice Mayor Jones suggested that Mr. Bonaparte meet with the Mayor next week to continue to address Mr. Hillery's concerns. Robert Hillery spoke regarding Florida Specs and said that because of the plaintiffs that brought the lawsuit and because of the predicament that Florida Specs is in, the County wouldn't act because of the pending lawsuit. Florida Specs had the County's support of $1.3 million for the downtown project but lost that by moving the project to the old police station site. It is an unfair burden and hardship to place on an organization which has already received approval to build the project downtown but in an effort to appease people by relocating the project is now faced with additional costs. The closing costs are about $26,000. He is willing to split the closing costs with the City and pay out of his own pocket. He just wants it to be done and buried; he is tired of the push back. There ought to be some peaceable solution. If we go to court both sides are going to lose more money than that. Vice Mayor Jones said he is looking forward to the results of the meeting. Valerie Wilson, president for PUSH (People United Saving Homes for Humanity) spoke regarding homelessness within the City. 2013 -103 CITY COMMISSION MINUTES MARCH 25, 2013 REGULAR MEETING 13) CITY COMMISSIONER'S REPORTS. Commissioner Williams asked that the Commission not forget the monumental step that Florida Specs made in deciding to relocate their project. It was monumental in terms of relationships in this community and it can't be taken lightly. [Commissioner Williams left the meeting.] Commissioner M said he is looking forward to Holy week. There is a new Pope with a servant attitude. He attended the HAT (Healing and Transitional Programming) meeting with Pastor Murphy at Harvest Time on Thursday. It is a program which helps get inmates reacclimated into society. We need to remember the servant attitude that really makes things move forward; not the position of power or political influence. He wished everybody a great week. Commissioner Mahany said that she sits on the Community Services Block Grant Board and at the last meeting they reviewed a list of available programs. She offered information about them to the public. There being no further business, the meeting was . djou ed at 8:47 PM. /geiv Mayor Je `�� ., ■ Attest: • ity Clerk cp