City Commission Meeting Minutes 01/16/2020

Meeting date: 
Thursday, January 16, 2020
LAKE MARY CITY COMMISSION
100 N. Country Club Road, Lake Mary, Florida
Regular Meeting
MINUTES
THURSDAY, JANUARY 16, 2020, 7:00 P.M.

 

NO VIDEO RECORDING WAS MADE FOR THIS MEETING.
 
1. Call to Order

 

The meeting was called to order by Mayor David Mealor at 7:00 P.M.

 

2. Moment of Silence

 

3. Pledge of Allegiance

 

4. Roll Call

 

David Mealor, Mayor
Jordan Smith, Commissioner
George F. Duryea, Commissioner
Sidney Miller, Deputy Mayor
Justin York, Commissioner
Kevin Smith, City Manager
Frank Cornier, Fire Chief 
Mike Biles, Police Chief
Brent Mason, Finance Director
Bruce Paster, Public Works Director
Bryan Nipe, Parks & Recreation Director
Steve Noto, Community Development Director
Kendall Story, Urban Planner
Lindsay Malsam, IT Manager
Michelle McCurdy, City Clerk
Katie Reischmann, City Attorney

 

5. Approval of Minutes

 

A. Draft Commission Minutes December 5, 2019

 

A motion was made by Deputy Mayor Miller to approve the minutes of December 5, 2019, Commission Meeting. Commissioner Smith seconded the motion, and the motion carried unanimously.

 

6. Special Presentations

 

A. Proclamation – Affirming partnership with the U.S. Census Bureau in Support of the 2020 Census.

 

Tony Matthews and Steve Noto, Community Development Director, came forward.

 

Katie Reischmann, City Attorney, read the proclamation.

 

Mr. Noto presented the proclamation to Tony Matthews.

 

Mr. Matthews thanked the City Commission for the proclamation. He said it is a pleasure to be here tonight, and he will receive it on behalf of the Complete Count Committee which is mentioned in the Proclamation as well as the Board of County Commissioners. He thanked the City for their participation.

 

Mr. Matthews stated the Complete Count Committee’s mission is to make every resident aware of the census and why it is important. The goal is to maximize the response rate. In 2010, the response rate for Seminole County was 77% and 74% for the State of Florida. They are expecting the response rate to be higher this time around. The Census Bureau is going to encourage Seminole County and most of Central Florida to respond to the census online and it takes 3-5 minutes to fill out the form.

 

Commissioner Smith thanked Mr. Matthews. He asked if he knew what the response rate was in Lake Mary in 2010 and if there were any low response areas.

 

Mr. Matthews replied he will gather that information and provide it at a later time. He does not believe there are any hard to count areas. The Census Bureau came up with this term and they define that as geographic areas all across the nation where the response rate was lower than what they expected it would be in the 2010 Census as well as the 2000 Census. In Seminole County, there are fourteen Census tracts, and out of that, there are 75,000 residents that live in that area. Some of them may have been there in 2010, maybe not, but those have been listed by the Census Bureau as what is known as hard to count. Part of the Committee’s role is to reach out to those communities. We are coming up with our best strategies on how we are going to reach those hard to count areas.

 

Mayor Mealor thanked Mr. Matthews for his time.

 

7. Citizen Participation

 

This is an opportunity for anyone to come forward and address the Commission on any matter relating to the City or of concern to our citizens. This also includes 1) any item discussed at a previous work session; 2) any item not specifically listed on a previous agenda but discussed at a previous Commission meeting or 3) any item on tonight's agenda not labeled as a public hearing. Items requiring a public hearing are generally so noted on the agenda, and public input will be taken when the item is considered.

 

None.

 

8. Unfinished Business

 

None.

 

9. New Business

 

A. First Amendment to Lease, Construction and Turnover Agreement

 

Mrs. Reischmann said this item came before you last summer where we approved a lease to some companies to construct a state of the art enhancement to our existing water treatment plant. This is simply a very small amendment to that just to show the exact configuration of the construction trailers on site. You are asked to please authorize the Mayor to execute this amendment.

 

Commissioner Smith asked the City Attorney about Exhibit D and why it is graphically shown to go all the way down to Rinehart Road.

 

Mrs. Reischmann replied, we actually own all of that. This shows the entire parcel.

 

Mayor Mealor added it does not mean that they will be located there.

 

A motion was made by Commissioner Duryea to approve the First Amendment to Lease, Construction and Turnover Agreement. Commissioner York seconded the motion, and the motion carried unanimously.
 
B. Resolution No 1024- Acceptance of Utilities in the Waterside II Subdivision (Danielle Koury, City Engineer)

 

Mrs. Reischmann read Resolution No. 1024 by title only.

 

No one had any questions in relation to this resolution.

 

A motion was made by Commissioner Smith to approve Resolution No. 1024- Acceptance of Utilities in the Waterside II Subdivision. Commissioner Duryea seconded the motion, and the motion carried unanimously.
 
C. 2019-FP-17: A request for Final Plat for a 9-lot subdivision, located on +/- 154 acres of property, generally located east of I-4, west of Rinehart Road, and south of Wallace Court. Applicant: Mr. Richard Toomey, LMLD New Century, LLC (Quasi-Judicial) (Kendall Story, Urban Planner)      

 

Kendall Story, Urban Planner, came forward.

 

The subject property is located east of I-4, west of Rinehart Road, and north of Wallace Court. It consists of +/- 154 acres and is historically known as New Century Park. On November 1, 2018, the City Commission approved a concurrent future land use amendment and rezone. The land-use amendment was from industrial to high tech medical and the rezone was from office and light industrial to PUD. The subject property is currently known as the New Century PUD.

 

A color graphic of the plat was shown on the overhead.

 

The applicant is requesting a final plat for the Lake Mary Wellness and Technology Park subdivision. This will include all phases of the 154 acre New Century PUD, it will reconfigure the existing parcels into 9 lots and 8 different tracts.

 

Improvements have already begun within the New Century PUD that includes the Orlando Health Emergency Department and Medical Office Building on lot 9A and segments of New Technology Boulevard have already begun construction. The Helix at Lake Mary Apartments, are designated for lot 2 and they have already received their permits for construction. Approved entitlements already exist for the remaining vacant lots.

 

On December 10, 2019, the Planning and Zoning Board voted unanimously 3-0 to recommend approval for the final plat and Staff finds that the final plat complies with the Code of Ordinances, the Comprehensive Plan, the New Century PUD, the New Century final subdivision plan, and Chapter 177 of the Florida Statutes. Staff recommends approval with the following condition:

 

Prior to the recording of the plat, the applicant shall reimburse the City for the costs of the consultant review and legal review. The costs of recording shall also be passed on to the applicant.

 

Mrs. Reischmann said we do need a slight modification of the condition that is listed on the Staff report. She asked to remove “prior to the recording of the plat” due to the fact that we have a little complication with this matter where we have to have a closing tomorrow on a portion of New Technology Boulevard and everything has to flow in a certain order. We do need to have the plat recorded tomorrow prior to the payment of the attorney's fees. We have every reason to believe that they will, in fact, make those payments.

 

There were no objections to the modification of the condition.

 

Commissioner Smith referred to page 2 of the Grant of Sign and Landscape Easement document, Section 3 “Sign Content”. He asked if the language should be sign area instead of sign content.

 

Mrs. Reischmann replied that it is actually correct as written because we want to be sure that they don’t advertise or anything like that on that sign. It’s going to be in the right-of-way, so we want to be sure that the content is generic as it reads.

 

Mr. Noto added that was something that was part of the PUD. They have a master signage plan and so the fact that it is in the right-of-way made it a little bit quirky and so it is a very generic type of sign which is the reason for the language.

 

The item was open for a public hearing. No one came forward and the public hearing section was closed.

 

A motion was made by Commissioner Smith to approve 2019-FP-17: A request for Final Plat for a 9-lot subdivision, located on +/- 154 acres of property, generally located east of I-4, west of Rinehart Road, and south of Wallace Court with one condition. Commissioner York seconded the motion, and the motion carried by roll-call vote 5-0; Commissioner Smith, Yes; Commissioner Duryea, Yes; Deputy Mayor Miller, Yes; Commissioner York, Yes; Mayor Mealor, Yes.

 

Approved with the following condition:

 

  • The applicant shall reimburse the City for the costs of the consultant review and legal review. The costs of recording shall also be passed on to the applicant.
Mayor Mealor thanked the applicants for the way they have worked with the City. He also recognized the work of Commissioner York when he was on the Planning and Zoning Board. There was a lot of effort and a lot of work that went into this to create something that he believes will be a true amenity for the City in the long term.

 

Commissioner York thanked the Mayor and said the credit goes to our excellent Staff.

 

Applicant Richard Toomey, LMLD, 800 N. Magnolia Avenue #1600, Orlando came forward. He said he has been doing this for 28 years and has had more than a dozen rezoning hearings or projects and maybe five or so land use amendments. This undoubtedly has been the most difficult one. However, he can say that he is glad it was in Lake Mary. He is grateful to have worked with the Planning and Zoning Staff, City Engineer, City Commission, and the City Attorney.

 

Mayor Mealor thanked Mr. Toomey for his comments, diligence, and perseverance.
 
D. Ordinance No. 1617 - Amendment to Firefighters' Retirement System - First Reading (Public Hearing) (Brent Mason, Finance Director)

 

Mrs. Reischmann read Ordinance No. 1617 by title only.

 

Brent Mason, Finance Director, came forward.

 

Mr. Mason stated that effective July 1, 2019, the State of Florida amended Florida Statute 112 to provide additional disability and death benefits to qualifying full-time and retired firefighters who have been disabled or died as a result of certain forms of cancer. The amendment creates a presumption of a service-connected disability, or preretirement death, for eligible firefighters who either perish or are found to be totally and permanently disabled from useful and efficient service as a firefighter, based on at least one of 21 enumerated forms of cancer or circumstances that arise out of the treatment of such cancer.  
 
In order to comply with Florida Statute 112, the City of Lake Mary Firefighters’ Pension Board approved that the proposed ordinance amending the City of Lake Mary Firefighters’ Retirement System be submitted to City Commission for approval. The following amendments to the pension plan are proposed:

 

Section 7, Pre-Retirement Death – to add that a firefighter member shall be considered to have died in the line of duty if he or she dies as a result of cancer or circumstances that arise out of the treatment of such cancer (as defined in Florida Statute 112.1816).
 
Section 8, Disability - is to add subsection 2.C (Cancer Presumption). This includes that a firefighter member shall be considered to be totally and permanently disabled in the line of duty if he or she meets the Plan’s definition of totally and permanently disabled due to a diagnosis of cancer or circumstances that arise out of the treatment of such cancer (as defined in Florida Statute 112.1816).

 

With the proposed changes above, the City’s required contribution to the Firefighters’ Pension Plan would increase an additional $5,125 or .17% for the fiscal year ending September 30, 2021.

 

Tonight, Staff is requesting Commission adopt Ordinance No. 1617 to reflect the required changes to the City of Lake Mary Firefighter’s Retirement System.

 

Commissioner Duryea said the way this reads is that if a firefighter comes down with cancer whether on or off-duty (retired) it is assumed that it is work-related. He asked for clarification and if there were any stipulations for those who smoke, etc.

 

Mr. Mason stated there are stipulations where they can't smoke for a certain period of time. If the person is smoking while on the job, it could disqualify them from the benefit.
The item was open for a public hearing. No one came forward and the public hearing section was closed.

 

There were no further questions.

 

A motion was made by Commissioner York to approve Ordinance No. 1617: Amendment to Firefighters' Retirement System. Deputy Mayor Miller seconded the motion, and the motion carried by roll-call vote 5-0; Commissioner Duryea, Yes; Deputy Mayor Miller, Yes; Commissioner York, Yes; Commissioner Smith, Yes; Mayor Mealor, Yes.

 

10. Other Items for Commission Action

 

None.

 

11. City Manager’s Report

 

A. Items for Approval

 

a. Retirement Gift to Ronnie Gregory

 

Kevin Smith, City Manager, requested to surplus Pfc. Ronnie Gregory’s department-issued handgun and gift it to him upon his retirement. He has served the City admirably as a police officer for close to 31 years.

 

The weapon is a Glock model 22, serial number HHC434US. Upon your approval, Chief Biles will present the weapon to him and have the weapon removed from our inventory.

 

Accordingly, Mr. Smith requested the Commission declare the above-listed Glock surplus and authorize presentation to Pfc. Ronnie Gregory.

 

A motion was made by Deputy Mayor Miller to declare Glock model 22, serial number HHC434US surplus and present to Pfc. Ronnie Gregory as a retirement gift. Commissioner Smith seconded the motion, and the motion carried unanimously.
 
b. Expenditure from Forfeiture Funds for donation to Lake Mary Elementary School

 

Mr. Smith said the second request before the Commission tonight is the request to expend funds from our Law Enforcement Forfeiture Fund for donation to Lake Mary Elementary School.

 

The Police Department is requesting to donate $600.00 to Lake Mary Elementary School’s Safety Patrol. Its members have been invited to participate in Seminole County’s annual educational tour to Washington D.C. in June of 2020. This trip will allow the students to enhance the skills they are learning as Safety Patrol members such as leadership, citizenship, safety awareness, communication, and respect for law enforcement. A portion of their stay in D.C. will include a tour of the Law Enforcement National Memorial.

 

Accordingly, Mr. Smith requested the Commission authorize a one-time donation from the Law Enforcement Forfeiture Fund in the amount of $600.00 to Lake Mary Elementary School.

 

A motion was made by Commissioner Duryea to authorize a one-time donation from the Law Enforcement Forfeiture Fund in the amount of $600.00 to Lake Mary Elementary School. Commissioner York seconded the motion, and the motion carried unanimously.
 
B. Items for Information

 

a. Monthly Finance Report – November & December

 

C. Announcements

 

Mr. Smith had one final item. He said as you all may recall this time last year the preliminary PUD for the Fountain Parke mixed-use project was in front of this body. One of the major issues raised during that hearing was parking ratio standards. The Planning and Zoning Board at the time approved the project with the condition that all units have 4 parking spaces to include two-car driveways. Ultimately, the Commission for several reasons decided not to seek that direction. However, they were very clear that going forward that future projects would do so.

 

Accordingly, it has been Staff’s direction that unless there were unique circumstances to the development we would adhere to that direction. This type of configuration would ultimately help other projects to ensure that parking issues that had occurred would not be repeated. With that, we are seeking to get direction from this body as far as amending parking standards in the City’s Code of Ordinances to require all residential development, not to include apartments or residential development within the downtown, to have a parking ratio of 4 spaces per unit. Two of those spaces will be provided in the attached garage and two spaces in the driveway.

 

These proposed standards will also be required of residential projects that may be submitted as part of a required PUD. Mr. Smith requested direction regarding that prior direction, with it being about a year later, he wanted to make sure that was the current direction. If so, Staff will bring that back in the form of a text amendment to our code via ordinance.

 

Mayor Mealor stated it has certainly been an area of concern to this Commission. Certainly, Griffin Park brought up an issue where a member of the Planning and Zoning Board at the time brought up the parking issues within his community and we implemented something like this that probably would not be the case today.

 

Commissioner York stated that thinking of Midtown Lake Mary and the importance of Griffin Farm to the development of Midtown Lake Mary that the main flashpoint was the availability of parking because people were having flashbacks to Fountain Park in particular. He believes it is more important than ever that we have adequate residential parking so that we don’t have unintended consequences, particularly parking availability along the lines of the statement made by Mr. Smith.

 

Commissioner Duryea agreed.

 

Commissioner Smith agrees with what Commissioner York said and that Staff is doing the right thing by updating the Code of Ordinances.

 

A motion was made by Commissioner York to bring forth an Ordinance along the lines as stated by the City Manager. Commissioner Duryea seconded the motion, and the motion carried unanimously.

 

Mr. Smith concluded his report.

 

12. Mayor and Commissioners Report

 

A. Reappointment of Kathryn Kellgren to Elder Affairs Commission

 

Mayor Mealor stated Kathryn Kellgren for medical reasons has missed meetings. Our Ordinance 592 would require her to be removed. However, she has expressed interest in continuing to serve on the Elder Affairs Commission. She and her family have been wonderful additions to this community.

 

A motion was made by Deputy Mayor Miller to reappoint Kathryn Kellgren to the Elder Affairs Commission to complete her term. Commissioner Smith seconded the motion, and the motion carried unanimously.

 

Mayor Mealor thanked Mrs. Kellgren for her willingness to continue to serve.

 

Mayor Mealor wanted to share something that Mr. Toomey elaborated in terms of working with the Staff. Yesterday, we had the ribbon cutting and grand opening of Zaza’s. The owner stated that of the buildings that he has done throughout Central Florida, never has he had a more positive interaction than with the Lake Mary Staff. He particularly mentioned Mr. Noto and his team.

 

Mayor Mealor said he believes it is important that we sometimes hear what doesn’t go right but he believes we need to amplify when something is set out there as an example for others. You can't put a price tag on the value-added component when people are investing in Lake Mary and turn around and make those kinds of comments. He thanked Mr. Noto and his team. It was noted and greatly appreciated.

 

Commissioner Duryea had nothing to report.

 

Deputy Mayor Miller had nothing to report.

 

Commissioner York stated he attended a Tri-County League of Cities meeting today. They installed their new officers and spoke of the need to defend Home Rule as the 2020 Legislative session begins. He wanted to take the opportunity to note that the Florida League of Cities will host Monday morning call-ins on a weekly basis during the session. Each call is about 30 minutes and any person listening will be updated on what issues the Legislature will discuss in the upcoming week and what advocacy efforts may be needed.

 

Commissioner York also wanted to mention that on February 11th and February 12th, it is the League of Cities Legislative Action Days. City officials from across the state will gather at Tallahassee to discuss the latest legislative issues and developments affecting municipalities. He wanted to inquire as to whether we would be participating or have any representatives there.

 

Mayor Mealor asked Mr. Smith what we have done in the past.

 

Mr. Smith said this is at your discretion. He has seen it handled several different ways. Ultimately, it would be beyond his scope of authority and he would bring it back to Commission to set some type of policy on that. He believes this is an important matter, as it is important to be involved in the legislative actions that will affect us directly.

 

Mayor Mealor stated in the past he has served as the Chair of Florida Municipal Pension Trust Fund, Tri-County League of Cities Board of Directors and he believes the knowledge based on that opportunity puts the City in a very favorable position. He believes because of the past experience he has not been as engaged as he would like to be. First of all, Monday morning call-ins are most informative, if you have a chance, it is worth your time. What he strongly encourages is that any member of the Commission that would like to attend Legislative Days or any activity related to the Florida League of Cities whether it is their annual conference, the Tallahassee Legislative Days or any other activity simply make the request through the City Manager, he doubts there would be any objection from this Commission. He encourages them to do that.

 

Commissioner York thanked Mrs. Story for representing the City on the U.S. Census Committee. He also thanked Lake Mary residents Susan Sherman and Tracy Harman for their participation on the committee as well.

 

Mayor Mealor directed Staff to follow-up on Commissioner’s Smith’s question regarding the Census response rate for Lake Mary and if there are any low response areas.

 

Commissioner Smith thanked Commissioner York for attending the Tri-County League of Cities meeting this afternoon. He concurred with the comments the Mayor stated about the City Staff. He heard it yesterday and he heard it today. They are doing a terrific job and represent the City well. He thanked Staff for a job well done.

 

Commissioner Smith added that he attended the ribbon cutting for Beth’s Burgers over at Griffin Farms. It is another great asset to our City. It is nice to have another choice of eatery in the City.

 

13. City Attorney’s Report

 

Mrs. Reischmann had nothing to report.

 

14. Adjournment

 

There being no further business, the meeting was adjourned at 7:51 P.M.