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022811 rm agn & min2011 -410 CITY COMMISSION MINUTES FEBRUARY 28, 2011 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1 St Floor Sanford City Hall MONDAY, February 28, 2011 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) AGENDA Time (approximate) 7:00 1) Meeting call to order by Mayor Jeff Triplett. 2) Invocation by Pastor Viola Graham, Sanctuary of Hope Community Church and SPD Chaplain. 3) Pledge of Allegiance 4) Minutes. February 14, 2011 Regular Meeting 5) OPEN GOVERNMENT PLEDGE: (Work Session Item # 3) [Commission Memo 11 -033] 7:05 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 11 -026] A) Acceptance of League of Cities $5,000 Safety Grant and approval of increase to general fund capital replacement budget. B) Authorization to use $ 5,000 from the Law Enforcement Trust Fund account to procure DARE program supplies. 2011 -411 CITY COMMISSION MINUTES FEBRUARY 28, 2011 REGULAR MEETING C) Approve Work Order No. 3 to Reiss Engineering at a cost of $89,500 for pipe replacement selection support and disinfection by- product compliance modeling. D) Authorization to fund Magnolia and Palmetto Avenue Streetscape roadway brick work (Alternates A & C) in the amount of $69,439 from the 2 nd Generation One Cent Sales Tax traffic calming fund. E) Approval of 2010 -2011 Low Income Home Energy Assistance Program modification agreement. F) Approval of FEMA Assistance to Firefighters grant and increase of $210,000 to the general fund capital project budget and $42,000 to the Fire Safety Impact Fee budget. G) Approve award of bid to MJM Electric in the amount of $76,970 for purchase and installation of variable frequency drives at the North Water Reclamation Facility. H) Approve CPH proposal for $801,964 for nutrient removal modifications at treatment facilities. (Work Session Item No. 5) 1) Retire service weapon serial #UU607765 and authorize retired Police Chief Brian Tooley to receive his service weapon. 7:05 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�d - public; final - City Commission motion, discussion and action.) A) Continued from Feb. 14, 2011: 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. (Work Session Item No. 2) [Commission Memo 11- 035] B) Second Reading: Ordinance No. 4231, extending the Small Bay Planned Development approval for five years. Owners: John J. & Barbara J. Sharp; Applicant: Jason G. Toll. Ad published February 13, 2011. [Commission Memo 11 -027] C) First Reading: Ordinance No. 4232: Imposing a temporary moratorium on applications for pain management clinics until October 1, 2011, and amending the City Code. Ad published February 20 and 27, 2011. (Work Session Item No. 6) [Commission Memo 11 -028] 2011 -412 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING D) First Reading: Ordinance No. 4233: Imposing a temporary moratorium on applications for arcades, internet cafes, sweepstake redemption centers and any and all similar uses until October 1, 2011. Ad published February 20, 2011. (Work Session Item No. 7) [Commission Memo 11 -029] 7:15 8) OTHER ITEMS. A) Continued from January 24, 2011: Resolution No. 2211, declarin property owned by the City surplus, located adjoining 518 East 6 Street. Vernon L. Johnson, requestor. [Commission Memo 11 -037] B) Continue to March 14, 2011: Resolution No. 2214, related to jumper and hydrant meter fees for the City's Utility Department. Continued from February 14, 2011. C) Resolution No. 2217, relating to the execution of a locally funded Agreement with the State Department of Transportation for enhancements to the Sanford Commuter Rail Station. [Commission Memo 11 -036] D) 303 Hidden Hollow Court — request for lien reduction from $137,400 to $6,870. Owner: Edward Lambeth. [Commission Memo 11 -0311 E) Resolution No. 2218, authorizing the delegation of authority to the City Manager or his designee relative to the execution of Cemetery deeds. [Commission Memo 11 -038] F) Resolution No. 2219, authorizing the 2011 FBIP grant re- applications and 2011 FCT grant re- application. [Commission Memo 11 -039] G) Resolution No. 2220, requesting funding from the 17 &92 CRA for intersection beautification and rehabilitation of mast arms. [Commission Memo 11 -040] H) Resolution No. 2221, authorizing application for the 2011 Land and Water Conservation Fund grant for $200,000 for Marina Day Boat Slip project. [Commission Memo 11 -041] Resolution No. 2222, authorizing application for the 2011 Florida Boating Improvement Program grant for $200,000 for Marina Day Boat Slip project. [Commission Memo 11 -042] 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 2011 -413 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 13) CITY COMMISSIONERS' REPORTS. 14) END THE MEETING. 2011 -414 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 28, 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 7:10 PM. 2) Invocation by Pastor Viola Graham, Sanctuary of Hope Community Church and SPD Chaplain. 3) Pledge of Allegiance — presentation of colors by Boy Scout Troop 854. 4) Minutes. February 14, 2011 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 -415 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING 5) OPEN GOVERNMENT PLEDGE: (Work Session Item # 3) [Commission Memo 11 -033] Mayor Triplett read the pledge and asked each Commissioner to sign a pledge. 6) CONSENT AGENDA: [Commission Memo 11 -026] A) Acceptance of League of Cities $5,000 Safety Grant and approval of increase to general fund capital replacement budget. B) Authorization to use $ 5,000 from the Law Enforcement Trust Fund account to procure DARE program supplies. C) Approve Work Order No. 3 to Reiss Engineering at a cost of $89,500 for pipe replacement selection support and disinfection by- product compliance modeling. D) Authorization to fund Magnolia and Palmetto Avenue Streetscape roadway brick work (Alternates A & C) in the amount of $69,439 from the 2 "d Generation One Cent Sales Tax traffic calming fund. E) Approval of 2010 -2011 Low Income Home Energy Assistance Program modification agreement. F) Approval of FEMA Assistance to Firefighters grant and increase of $210,000 to the general fund capital project budget and $42,000 to the Fire Safety Impact Fee budget. 2011 -416 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING G) Approve award of bid to MJM Electric in the amount of $76,970 for purchase and installation of variable frequency drives at the North Water Reclamation Facility. H) Approve CPH proposal for $801,964 for nutrient removal modifications at treatment facilities. (Work Session Item No. 5) I) Retire service weapon serial #UU607765 and authorize retired Police Chief Brian Tooley to receive his service weapon. 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 Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 7) PUBLIC HEARINGS: A) Continued from Feb. 14, 2011: 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. (Work Session Item No. 2) [Commission Memo 11 -035] Commissioner Jones moved to adopt Ordinance No. 4227, with the addition of the third bullet under Subsection Commercial Building Forms, Exterior 2011 -417 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING Walls /Materials on page S -31: Synthetic materials can be allowed for trim details and architectural elements on new construction. 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 B) Second Reading: Ordinance No. 4231, extending the Small Bay Planned Development approval for five years. Owners: John J. & Barbara J. Sharp; Applicant: Jason G. Toll. Ad published February 13, 2011. [Commission Memo 11 -027] Commissioner Jones moved to adopt Ordinance No. 4231. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Vice Mayor Mahany Commissioner M Commissioner Williams Commissioner Jones C) First Reading: Ordinance No. 4232: Aye Aye Aye Aye Aye Imposing a temporary moratorium on applications for pain management clinics until October 1, 2011, and amending the City Code. Ad published February 20 and 27, 2011. (Work Session Item No. 6) [Commission Memo 11 -028] Commissioner M moved to approve the first reading of Ordinance 2011 -418 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING No. 4232. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Vice Mayor Mahany Commissioner M ° Carty Commissioner Williams Commissioner Jones D) First Reading: Ordinance No. Aye Aye Aye Aye Aye 1233: Imposing a temporary moratorium on applications for arcades, internet cafes, sweepstake redemption centers and any and all similar uses until October 1, 2011. Ad published February 20, 2011. (Work Session Item No. 7) [Commission Memo 11-029] Vice Mayor Mahany moved to approve the first reading of Ordinance No. 4233. 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) OTHER ITEMS. A) Continued from January 24, 2011: Resolution No. 2211, declaring property owned by the City surplus, located adjoining 518 East 6 1h Street. Vernon L. Johnson, requestor. [Commission Memo 11 -037] 2011 -419 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING Commissioner Jones moved to adopt Resolution No. 2211. 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 B) Continue to March 14, 2011: Resolution No. 2214, related to jumper and hydrant meter fees for the City's Utility Department. Continued from February 14, 2011. Vice Mayor Mahany moved to continue this item to March 14, 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 C) Resolution No. 2217, relating to the execution of a locally funded Agreement with the State Department of Transportation for enhancements to the Sanford Commuter Rail Station. [Commission Memo 11 -036] Commissioner Williams moved to adopt Resolution No. 2217. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye 2011 -420 CITY COMMISSION MINUTES FEBRUARY 289 2011 REGULAR MEETING Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye D) 303 Hidden Hollow Court — request for lien reduction from $137,400 to $6,870. Owner: Edward Lambeth. [Commission Memo 11 -03 1 ] Commissioner Jones moved to reduce the lien to $500, if paid within thirty (30) days. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Nay Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye E) Resolution No. 2218, authorizing the delegation of authority to the City Manager or his designee relative to the execution of Cemetery deeds. [Commission Memo 11 -038] Commissioner Jones moved to adopt Resolution No. 2218. 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) Resolution No. 2219, authorizing the 2011 FBIP grant re- applications and 2011 FCT grant re- application. [Commission Memo 11 -039] 2011 -421 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING Commissioner Williams moved to adopt Resolution No. 2219. Seconded by Commissioner M ° Carty 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 G) Resolution No. 2220, requesting funding from the 17 &92 CRA for intersection beautification and rehabilitation of mast arms. [Commission Memo 11 -040] Commissioner Jones moved to adopt Resolution No. 2220. 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 H) Resolution No. 2221, authorizing application for the 2011 Land and Water Conservation Fund grant for $200,000 for Marina Day Boat Slip project. [Commission Memo 11 -041 ] Vice Mayor Mahany moved to adopt Resolution No. 2221. 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 2011 -422 CITY COMMISSION MINUTES FEBRUARY 28, 2011 REGULAR MEETING Commissioner Jones Aye I) Resolution No. 2222, authorizing application for the 2011 Florida Boating Improvement Program grant for $200,000 for Marina Day Boat Slip project. [Commission Memo 11 -042] Vice Mayor Mahany moved to adopt Resolution No. 2222. 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) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Sylvester Chang reported that he is unhappy about the Charter vote regarding the City Manager residency and that County residency should be ok. In his dealings with City employees he is told that Mr. George is the best City Manager ever in their tenure and it grieves him that Mr. George cannot be kept as City Manager. We should not lose someone of his talent who is loved by the employees; it is a value that cannot be measured in dollars or any way. Sanford Police Sergeant Dave Morgenstern thanked Mayor Triplett, 2011 -423 CITY COMMISSION MINUTES FEBRUARY 28, 2011 REGULAR MEETING Commissioner Mahany and Staff for assisting with packing food for the needy people in Sanford. 13) CITY COMMISSIONERS' REPORTS. Commissioner Williams said that Mr. George is an asset to the City of Sanford and said to him that although he won't be the permanent City Manager because of the City Charter, that as the current Interim City Manager she supports him because he is doing a great job. She asked him to think about what is in the best interest of the City and consider remaining as Interim City Manager through the budget process and until the Commission is ready to say to exit. Commissioner Mahany thanked Chief Ransom for having family day at the Fire Department. She congratulated Anna and Mike Yebba for her Celery Queen fund raiser event held in Magnolia Square on Saturday night. Last Sunday was "Maude's Day in the City of Sanford" and she read a proclamation to Maude at her goodbye party; she left Tuesday and is very happy in her new environment. She agrees completely with Commissioner Williams about Mr. George, that Mr. George does his best to make us as effective as we can be and somebody who didn't care about the City of Sanford wouldn't go as far as he does. She is saddened and tired of Mr. George being publicly disparaged and she doesn't agree. Mr. George has proven to be not only a fine individual and fine City Manager, but one of the best people she knows. Commissioner Jones said that he had discussion with Mr. George 2011 -424 CITY COMMISSION MINUTES FEBRUARY 28 2011 REGULAR MEETING regarding the order in which the Police Chief and City Manager search should go and the reasons for it but it is a discussion that can be had with Mr. Rohre, Waters Consulting Group. Commissioner M ° Carty congratulated Charles Davis on being awarded volunteer of the year. A month of black HIV /Aids awareness just finished. Friday night's Night of Appreciation for Chief Tooley went very well and was a nice presentation. There has been a lot of talk about the last Commission meeting and his feelings towards moving along quickly with the City Manager search. He takes no joy in pushing this along but the voters have spoken. His greatest desire is to get Mr. George back to Public Works so he doesn't have to go through these situations that we're in; a difficult time and transitional period. He made no apologies for it and said we need to move forward on it. Sanford was buzzing on Saturday night and it is a testament for that ten year vision; need to start looking ten years in advance; it might be long term but it is a vision and desire to move Sanford forward. Mayor Triplett said that almost 45,000 meals were packaged at Holy Cross Lutheran Academy; more than 20 employees from the City of Sanford's various departments participated and he expressed thanks. He congratulated Mr. Davis on his lifetime volunteer award. He gave a speech at a realtor meeting at the Gateway Plaza in Orlando and said that interest was shown in investing in the City of Sanford. He and Mr. George had the opportunity to present the City's initiatives in Washington, DC and 2011 -425 CITY COMMISSION MINUTES FEBRUARY 28, 2011 REGULAR MEETING received great reception; thinks that 4 or 5 of the 7 or 8 issues presented are being pushed forward so look for good things in the next few years. There was a unanimous signing of the Open Government Pledge. 14) END THE MEETING. There being no further business, the meeting was adjo #red at 9:16 PM. Mayor Jeff Tri Attest: City Clerk cp