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011011 rm agn & min• 2011 -361 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING MONDAY, January 10, 2011 7 PM City Commission Chambers 1 St Floor Sanford City Hall 300 North Park Avenue Sanford, Florida NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN 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) NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN AGENDA Time (approximate) 7:00 1) Meeting call to order by Mayor Triplett. 2) Invocation: Pastor Ronald Merthie, New Life Word Center Church. 3) Pledge of Allegiance 4) Swearing -In 5) Organizational Matters 6) Minutes. December 13, 2010 Work Session & Regular Meeting. 7) PRESENTATIONS /COMMENDATIONS: 7:15 8) 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 -001 ] A) Approve change order no. 2 to Swell Construction Corp. for the St. Johns Parkway project in the amount of $28,477.84. • B) Approve procurements from Nortrax in an amount not to exceed $120,000 for purchase of John Deere 334.J four wheel drive wheel loader, Bomag Roller and Interstate trailer. 2011 -362 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING C) Award construction contract in the amount of $387,294.21 for the Fort Mellon Park II Maintenance Facility to Billco Construction Inc. and authorize City Manager to take all actions necessary to implement the project. D) Approve budget amendment for FY 2011 budget for a total of $14,142,686. E) Approve procurement from Miller Pipe Corp. not to exceed $425,000 for stormwater line rehabilitation services. F) Approve Work Order and budget transfer for Bellomo Herbert and Co., Inc. not to exceed $88,420 for Sanford RiverWalk Phase II preliminary planning design and engineering. 7:15 9) 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 °d - applicant/requesting party; 3` - public; final - City Commission motion, discussion and action.) A) Continue to January 24, 2011: Solara Apartments Development Agreement. (Continued from Dec. 13, 2010) B) Second reading and adoption of Ordinance No. 4226, amending the Land Development Regulations, relating to two- family dwellings (duplexes) and bail bond offices. Ad published January 5, 2011. [Commission Memo 11 -002] C) Second reading and adoption of Ordinance No. 4227, substantially revising and amending the provisions of Schedule "S" of the City of Sanford Code /Land Development Regulations. Ad published December 5, 2010 and January 5, 2011. [Commission Memo 11 -003] D) Second reading and adoption of Ordinance No. 4228, amending City Code regarding interest rates. Ad published December 12, 2010. [Commission Memo 11 -004] E) First reading of Ordinance No. 4229 annexing 0.53 acre between Rose Drive and Fern Drive and between Sanford Avenue and Palmway. David Hall, owner /applicant. Ad published January 9, 2011.[Commission Memo 11 -005] F) First reading of Ordinance No. 4230, to close, vacate and abandon a • 14' wide north -south public utility easement located at the residence of 2442 S. Mellonville Avenue. Palma C. Bach, Trustee /applicant. Ad published December 26, 2010 and January 9, 2011. [Commission Memo 11 -006] is 2011 -363 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING 7:30 10) OTHER ITEMS. A) 1602 Forest Drive — request for lien waiver totaling $38,200 plus interest. Owner: Jay Frazier. [Commission Memo 11 -007] B) 4 th Quarter Financial Report. [Commission Memo 11 -008] C) Appointment to Community Redevelopment Agency. [Commission Memo 11 -009] • 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. LJ 2011 -364 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, January 10, 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 Interim City Manager 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 7:12 PM. 2) Invocation by Pastor Ronald Merthie, New Life Word Center Church. 3) Presentation of Colors/Pledge of Allegiance/National Anthem 4) Swearing -In City Clerk Dougherty administered the Oath of Office to Mayor Elect Jeff Triplett. Judge Jessica Recksiedler administered the Oath of Office to Commissioner Elect Mark M City Clerk Dougherty administered the Oath of Office to Commissioner Elect Velma Williams. 5) Organizational Matters Mayor Triplett distributed a list of his appointments to Boards /Committees 2011, which are as follows: Metroplan Orlando — Mayor Triplett; Alternate — Velma Williams; Staff Representative — Tom George; Tri- County League of Cities — Mayor 2011 -365 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING Triplett; Alternate — Randy Jones; Staff Representative — Tom George; Florida League of Cities — Mayor Triplett; Mayors/Managers Council — Mayor Triplett; Tom George; Seminole County Regional Chamber of Commerce — Mayor Triplett; Envision Seminole — Mayor Triplett; Alternate - Patty Mahany; Vice Mayor — Patty Mahany; Sanford Airport Authority Liaison — Patty Mahany; Community Service Block Grant Advisory Board — Patty Mahany; School Board Student Museum Committee — Patty Mahany; Staff Representative — Christine Dalton; CALNO — Patty Mahany; Alternate — Mayor Triplett; Sanford Museum Board Liaison — Mark M'Carty; Wayne Densch Theater Board - Mark M ° Carty; Creative Sanford Board Liaison - Mark M ° Carty; Keep Seminole Beautiful - Mark M ° Carty; Sanford Housing Authority Liaison — Velma Williams; Tourism Development Council — Velma Williams; The Greater Sanford Regional Chamber of Commerce — Velma Williams; Sanford Aviation Noise Control Committee — Randy Jones; Staff Representative — Chris Smith; 17 -92 Redevelopment Planning Agency — Randy Jones; Alternate — Nick Mcray; Staff Representative — Mary Moskowitz; East Central Florida Regional Planning Council — Russ Gibson; Alternate - Mary Moskowitz; Metroplan Transportation Technical Committee — Dave Richards; Alternate - Chris Smith; Metroplan Bicycle/Pedestrian Advisory Committee — Dave Richards; Alternate - Chris Smith. 2011 -366 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING 6) Minutes. December 13, 2010 Work Session & 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 M ° Carty Aye Commissioner Williams Aye Commissioner Jones Aye 7) PRESENTATIONS /COMMENDATIONS: 8) CONSENT AGENDA: [Commission Memo 11 -001 ] Consent Item C was removed for separate consideration. A) Approve change order no. 2 to Swell Construction Corp. for the St. Johns Parkway project in the amount of $28,477.84. B) Approve procurements from Nortrax in an amount not to exceed $120,000 for purchase of John Deere 334.J four wheel drive wheel loader, Bomag Roller and Interstate trailer. C) Award construction contract in the amount of $387,294.21 for the Fort Mellon Park II Maintenance Facility to Billco Construction Inc. and authorize the City Manager to take all actions necessary to implement the project. D) Approve budget amendment for FY 2011 budget for a total of 2011 -367 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING $14,142,686. E) Approve procurement from Miller Pipe Corp. not to exceed $425,000 for stormwater line rehabilitation services. F) Approve Work Order and budget transfer for Bellomo Herbert and Co., Inc. not to exceed $88,420 for Sanford RiverWalk Phase II preliminary planning design and engineering. Vice Mayor Mahany moved to approve Consent Agenda Items A, B, D, E, and F. 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 Regarding Consent Item C, Interim City Manager George distributed and reviewed the site plan for the Fort Mellon Park Maintenance Facility. Commissioner Williams moved to approve Consent Item C. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Nay Commissioner Williams Aye Commissioner Jones Aye 2011 -368 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING 9) PUBLIC HEARINGS: A) Continue to January 24, 2011: Solara Apartments Development Agreement. (Continued from Dec. 13, 2010) Commissioner Jones moved to continue this item to January 24, 2011. 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) Second reading and adoption of Ordinance No. 4226, amending the Land Development Regulations, relating to two- family dwellings (duplexes) and bail bond offices. Ad published January 5, 2011. [Commission Memo 11 -002] Commissioner Jones moved to adopt Ordinance No. 4226. 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 C) Second reading and adoption of Ordinance No. 4227, substantially revising and amending the provisions of Schedule "S" of the City of Sanford Code/Land Development Regulations. Ad published 2011 -369 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING December 5, 2010 and January 5, 2011. [Commission Memo 11 -003] Commissioner Williams moved to continue this item to February 14, 2011. 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 D) Second reading and adoption of Ordinance No. 4228, amending City Code regarding interest rates. Ad published December 12, 2010. [Commission Memo 11 -004] Commissioner M moved to adopt Ordinance No. 4228. 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) First reading of Ordinance No. 4229 annexing 0.53 acre between Rose Drive and Fern Drive and between Sanford Avenue and Palmway. David Hall, owner /applicant. Ad published January 9, 2011. [Commission Memo 11 -005] FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAM -FIRST NAME- IDDLE NAME N ME OF B ARD, COUNC , AUTHORITY, OR COMMITTEE • • L JISSIO MAILING AD R SS THE BOARD, COUNCIL, COMMISSIO , AUTHORITY OR COMMITTEE ON Z WHICH I SERVE IS A UNIT OF: ITY COUNTY THER LOCAL AGENCY CIT� COUNTY NAME OF PO ICAL SU IVISION:' (� r%0 ke DATE I WHI H VOTE OCCURRED MY POSITION IS: ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board; council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. T7 4�1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the neXt meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I I, r hereby disclose that on �' 0 ( 1 20 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: - 4t e1.„ 30 �--: r ST r;ectc.iA• 6 0 " ANciNe.e �r 0 Q,G e- G P ( bD t C_ . _r1r, �o 0 6`(�,� Date Filed �) ZI 2 0 I b Signature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 2011 -370 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING Commissioner Jones moved to approve the first reading of Ordinance No. 4229. 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 F) First reading of Ordinance No. 4230, to close, vacate and abandon a 14' wide north -south public utility easement located at the residence of 2442 S. Mellonville Avenue. Palma C. Bach, Trustee /applicant. Ad published December 26, 2010 and January 9, 2011. [Commission Memo 11 -006] Vice Mayor Mahany declared a conflict with this item because her aunt owns the property; she will abstain from voting. Commissioner Jones moved to approve the first reading of Ordinance No. 4230. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Abstained Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 2011 -371 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING 10) OTHER ITEMS. A) 1602 Forest Drive — request for lien waiver totaling $38,200 plus interest. Owner: Jay Frazier. [Commission Memo 11 -007] Vice Mayor Mahany moved to reduce the lien to $2,000, contingent upon payment within thirty (30) days. 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) 4th Quarter Financial Report. [Commission Memo 11 -008] Finance Director Cynthia Lindsay gave a brief summary of the Report. C) Appointment to Community Redevelopment Agency. [Commission Memo 11 -009] Vice Mayor Mahany moved to appoint Robert Hopkins to Position 5 on the CRA, effective immediately. 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 11) CITY ATTORNEY'S REPORT. 2011 -372 CITY COMMISSION MINUTES JANUARY 10 2011 REGULAR MEETING 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. Mr. George said that tomorrow the Seminole County Board of Commissioners will consider items regarding slot machines and placing a moratorium on pain clinics; he will attempt to attend the meeting and will brief the Commission in two weeks. Mr. George distributed and reviewed a handout regarding steps taken by the Orlando Housing Authority (with full authority of the Sanford Housing Authority) to prepare demolition applications for the public housing sites of Edward Higgins Terrace, Cowan Moughton Terrace, William Clark Court, and Castle Brewer Court (residents have been relocated). The Sanford Housing Authority's Agency Plan will need to be amended to include the demolition of the referenced sites. One of the steps in the demolition process is that it is consistent with the City of Sanford's Consolidated Plan and a letter certifying consistency must be issued. He said that this is an add on item and action doesn't need to be taken tonight. At a later date he will contact the Commission to answer any questions and see if the Commission is in agreement with issuing that letter to the Housing Authority. 14) CITIZEN PARTICIPATION. 15) CITY COMMISSIONERS' REPORTS. Mayor Triplett thanked Commissioner Mahany for setting up the reception 2011 -373 CITY COMMISSION MINUTES JANUARY 10, 2011 REGULAR MEETING and thanked Staff for being so helpful. 16) END THE MEETING. There being no further business, the meeting was adjourneA at 8:49 PM. Mayor Jeff Tri Attest: •X ` /Vzzv 9 ity Clerk v U ep