City Commission Meeting Minutes 02/06/2020

Meeting date: 
Thursday, February 6, 2020



100 N. Country Club Road, Lake Mary, Florida


Regular Meeting


THURSDAY,  FEBRUARY 6, 2020, 7:00 P.M.



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 (absent)
Justin York, Commissioner
Kevin Smith, City Manager
Frank Cornier, Fire Chief
Brent Mason, Finance Director
Bruce Paster, Public Works Director
Bryan Nipe, Parks & Recreation Director 
Steve Noto, Comm. Dev. Director
Krystal Clem, Planning/GIS Serv. Mngr.
Kendall Story, Urban Planner
Lindsay Malsam, IT Manager
Michelle McCurdy, City Clerk
Katie Reischmann, City Attorney

5. Approval of Minutes

A. Draft City Commission Minutes January 16, 2020

A motion was made by Commissioner Smith to approve the Draft City Commission Minutes for January 16, 2020. Commissioner York seconded the motion and motion carried unanimously.

6. Special Presentations

A. Presentation of service weapon to Ronnie Gregory

Mike Biles, Police Chief came forward.

James Wallace, Deputy Police Chief came forward.

Ronnie Gregory, Police Officer First Class, came forward along with his family.

Chief Biles stated Pfc. Gregory was hired in April of 1989. For more than 30 years he has served the citizens of Lake Mary. He thanked Pfc. Gregory for his years of sacrifice and congratulated him for over three decades of dedication to the profession and also to the citizens of Lake Mary.

Chief Biles and Deputy Chief Wallace awarded Pfc. Gregory his service weapon (as customary) and a plaque.

Pfc. Gregory thanked the City Commission, City Manager, Chief Biles, Deputy Chief Wallace, his family, and all the men and women who came out to support him. He said it was an honor to serve this community.

Commissioner Duryea said one of the things that have made this City great is people like you. He said I am grateful for that and my family and everyone else.

Mayor Mealor said on behalf of the Commission it has been a pleasure to watch you work with the community and many of our long-serving residents in voluntary capacities with you this evening as this community went through a transition. In many ways, you helped serve as a bridge to those who had been here as well as the newer residents. You did it with dignity, class, and respect. I will always be thankful for the way that you represented the City in every interaction. We wish you and your family continued success. You may be retiring but we know you are not tired, so we look forward to working with you in the future. Thank you again.

B. City Employee of the 4th Quarter 2019- Pedro Figueroa (Public Works)

Bruce Paster, Public Works Director, came forward.

Pedro Figueroa came forward.

Mr. Paster said I’ve heard it said that a Water Treatment Plant Operator’s job is 95% routine and 5% panic. The good news is we have Water Treatment Plant Operators who don’t panic when things happen.

Over the holidays, Scott Rankin, Chief Water Treatment Plant Operator, was out of town on vacation. Pedro Figueroa was our on-call person, meaning that after-hours and on weekends they have a computer (laptop) so if any alarm goes off at the Water Treatment Plant, they are notified. While he was on-call there was an alarm indicating that one of the wells was not functioning. Mr. Figueroa came in and verified that one of the motors had burned out. There was no panic involved at all.

Mr. Figueroa went back to the Water Treatment Plant and realized that we had a spare motor. He figured out who he needed to call, who could come in, and he very quickly replaced the motor, took the old motor back to the shop, put the spare motor on and got it up and running. Within 16 hours, that well was up and running again.

Mr. Paster thanked and congratulated Mr. Figueroa on a job well done.

Mayor Mealor congratulated Mr. Figueroa on a job well done.

C. Pop Warner Girls Cheerleading & Boys Football

Bryan Nipe, Parks & Recreation Director, came forward.

He said we’ve had a long tradition of great sports in the Lake Mary area—mainly with our local high schools and middle schools. We’ve had champions in the past who’ve had a lot of accolades. Most recently, this past fall, we brought in our Little League Softball Team to the City Commission to get recognized after they had almost won the National Championship for their age group in Little League Softball in the U.S. It was a huge accolade.

Here, just a few months later, we are able to recognize three cheerleading teams (three different levels) and a Pop Warner football team for National Championship titles. It is an honor to recognize these teams.

The coaches, assistant coaches, and teams, came forward and were recognized.

Mayor Mealor thanked the coaches. He addressed the teams and said these are the foundations that will serve you later in life.

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.

Tommy Maggard, 228 Washington Ave, came forward. He said he would like to start off by saying thanks for all you do for the citizens. Lake Mary is pretty special, I’ve been here since 1963, we have something good going on here. Also, your recent work on Lakeview Avenue and Seminole with the speeding and the cut-through traffic, that is kind of why I am here.

I live on Washington, we have had a similar - but I think it’s probably a worse issue - there. With all the new residents and buildings and flux of people to the area, the traffic is really picking up and I think we have to make some adjustments there sooner than later. He said there is a lot of recklessness out there and that is a small area that needs to be addressed and I think we should get on that sooner than later before something bad happens on that road.

Going back to when the development was going on starting with the sidewalk for Twelve Oaks, I was coming home from work—which I do every day—from the Griffin Farms area (from the west to the east) and I do 25-28 mph. They had a big triangular sign that said “Caution Worker’s Present” and a car coming at me went off the road and hit the sign, knocked the mirror off, came at me head-on and-- as you know that road is not very wide—I had to get off as much as I could—they almost hit me. When they went by me they were fumbling with their phone and they were staring at their steering wheel. They never made eye contact. So, I went back and picked up the mirror, put it in the recycle and said: “Wow, I am glad I didn't get hit”.

There are other numerous things that have been going on. There are mailboxes that have been wiped out multiple times. I know that is not the only place that it happens, but recently it seems it has picked up. Also, the fire hydrant at Twelve Oaks and Pine have both been knocked over, yards have been torn up, fences knocked down. At some point, it is going to be a person.

When they put in the development at Parliament Loop, they put in what they call “traffic calming devices” and they put them down 5th St. and a couple there at Washington. What is happening—that goes back quite a ways since they did that—people that run the stop sign on Washington and 5th—which is more regular than you would believe—they just flattened the reflectors out. There has been a couple of oil pans knocked off, oil all over the road.

I was actually sitting there one morning, getting ready to turn left—at about 6:30—and a mini-van passed me—if I would have turned left a split second earlier I would have been nailed. It is a very dangerous area and people are not paying attention to that road—early, late, middle of the day—they are just not watching what they are doing. Passing and speeding have become out of control. That road is not designed for passing and we don’t want it to be designed for passing. It is a rural/residential area with bigger lots, hidden driveways—which we talked about during the development of Griffin Park-- and you guys said you are going to help preserve that because there is not much of that left in Lake Mary. Everything is compartmentalized, it is getting smaller. We still have that feeling on that road and would like to keep that.

When I come home that way, sometimes—and I usually come home from the west to the east—I’ve been as far down as Twelve Oaks—which is about ¼ mile—and I would see somebody in my mirror—because I am always watching for the nightmares on that road—and before I get to that driveway—which is about another ¼ mile—Mr. Maggard explained how when he put his signal on, the other vehicles are following closely. He said I am going 25-30, so that puts them well over 50.

This is something that has needed to be dealt with for a while, but what brought me to this was the day after Thanksgiving, my wife and I were coming down the road from the same direction—because that is what I do—and 5-6 cars stacked up behind me. I am watching them and moving along—about 28 mph—and I put my turn signal on—and I have a small driveway so you can't just do 25 and go into the driveway, you have to slow down—as I turn in, I looked and a car almost hit my door, and slammed on their brakes. Mr. Maggard explained that he exchanged words with the other driver.

He said he doesn’t want to see anyone get hurt. He presented Commissioners with some photos of his residence and driveway. He said we need to do something similar to what is on Lakeview Avenue and Seminole.

Mayor Mealor thanked Mr. Maggard for the photos and for coming forward. He said the City Manager and I at the request of some residents have been looking into this and brought the Police Chief in. As you know, Seminole and Lakeview became a citizen-initiated activity. He asked Mr. Maggard if he would be willing to work with our City Manager and Police Chief on what would be appropriate alternatives.

Mr. Maggard replied, absolutely.

Mayor Mealor said we have two new members on this Commission but the previous Commissioner, at a budget work session, was adamant in terms of the type of development that would not take place adjacent to Washington and at the same time trying to preserve what you said is truly a unique roadway. So, you are right, I think the timing is now, it is not going to get better unless we do something. So, if you are willing to work with us, we would have a Staff member reach out to you, and if you want to do a neighborhood group or something like that, we will make that happen.

Mayor Mealor directed the City Manager and Police Chief to work with Mr. Maggard and the residents to make something happen.

Dennis Bowman, 629 Washington Oaks Ct, came forward. He said I’ve owned a business here in Lake Mary for the last 28 years and just became a resident a couple of years ago. We love our home in Twelve Oaks, and my wife and I –six out of seven days—every week for two years, walk our dogs down Washington. I know there has been some police uptake—it is wonderful and we appreciate it, we love it—and I know there has been a month-long study. I am here to tell you, in two years, I see 50% of the cars speeding over 35 mph every single morning. That road is not wide enough for two cars to go in any kind of speed at all. Something has to be done or something bad is going to happen. Especially with the development of the nursery that is coming. You have a beautiful part of the City with all of the development that is happening there and their reclamation of some of the properties and everything—is just a prime spot. It is a real problem. I see it every single day.

Mayor Mealor thanked Mr. Bowman for his comments. He said it was Mr. Bowman’s initiative that had us have this initial conversation with the City Manager right after he joined us, and I believe he has reached out to you.

Mr. Bowman replied, correct.

Mayor Mealor said we need to do some different things there and I am not sure what they are. I think we can be creative, this is an area where we do need to make an investment because what you have there is special and it does not need to be compromised.

There is cut-through traffic and they are doing it at certain times of the day. We have to do something to discourage that. I can assure you that we will make this a priority.

No one else came forward and citizen participation was closed.

8. Unfinished Business


9. New Business

A. 2019-CU-02 - Request for a Conditional Use for a Pharmacy, in the M-1A, Office and Light Industrial zoning district, to be located in an existing building at 731 Stirling Center Place, Unit 1901 (Quasi-Judicial) (Krystal Clem, Planning & GIS Services Manager)

Krystal Clem, Planning & GIS Services Manager, came forward.

This is a request for conditional use for the property located at 731 Stirling Center Place #1901. On the overhead is a map showing the location of the subject property. It is located west of Rinehart Road and south of Stirling Center Place. The applicant is requesting a conditional use to build out a pharmacy in an existing suite.

The original site plan for this property was approved in July of 2004 for 125,000 square feet of office development with 503 parking spaces. Recently, in 2019, the applicant applied to have a site plan revision and added five additional parking spaces.

Currently, the development includes a combination of Professional and Medical Office. The applicant is requesting for a compounding pharmacy. They will dispense prescription medication, compounded medication, medical equipment, and over the counter medication. Household and retail items will not be permitted for sale at this location due to the zoning of the property.

The proposed operating hours are weekdays from 8:00 a.m. to 7:00 p.m.

The total square footage is approximately 1,800 square feet.

The pharmacy would employ four employees. However, there would be a maximum of three employees at any given time during the busiest shift.

The parking requirements are one space per 250 square feet. Based on the square footage of the suite, it would require approximately seven parking spaces which is available from the original site plan approval.

This property is located in M-1A Office and Light Industrial zoning district. Uses that are permitted under the Professional Office (PO) district are also permitted.

A pharmacy is a conditional use under the PO district, therefore, it is a conditional use under the M-1A district.

Mrs. Clem stated pages 2-4 of the Staff Report outlines six findings of fact that have been met. Some of these include compliance with the Comprehensive Plan, excess total ingress and egress for the property since it is an existing development as well as compatibility with the existing use. Since this property is surrounded by a lot of medical, a pharmacy is a complimentary use for this location.

Staff finds that the request to operate a pharmacy in the M-1A Office and Light Industrial zoning district located at 731 Stirling Center #1901 does not adversely affect the public interest, and it is a reasonable request based on the aforementioned findings of fact. Staff recommends approval.

The Planning & Zoning Board unanimously approved this item on January 14, 2020, with a vote of 4-0.

The item was opened for a public hearing.

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

A motion was made by Commissioner Duryea to approve 2019-CU-02 - Request for a Conditional Use for a Pharmacy, in the M-1A, Office and Light Industrial zoning district, to be located in an existing building at 731 Stirling Center Place, Unit 1901. Commissioner Smith seconded the motion and the motion carried by roll-call vote: Commissioner Smith, Yes; Commissioner Duryea, Yes; Commissioner York, Yes; Mayor Mealor, Yes.

B. 2019-CU-01 - Request for a Conditional Use for D1 Sports Training & Therapy, a Private and Retail Recreational Facility in the M-2A, Industrial zoning district, to be located in an existing building at 635 Century Point, Suite 111 (Quasi-Judicial) (Kendall Story, Urban Planner)

Kendall Story, Urban Planner, came forward.

The subject property is located at 635 Century Point, Suite 111. It is at the northeast corner of Wallace Court and Century Point. The applicant is requesting a Conditional Use Permit for a private and retail recreational facility.

The aerial was shown on the overhead.

The subject property is located within the M-2A zoning district and is also within the High-Tech Corridor.

The original site plan for the subject property for the building was approved back on April 15, 1999, and that was for a 120,000 square feet building that was divided up into four separate suites about 20,000 square feet of office use and 100,000 square feet of warehouse and storage use.

On the overhead is the layout of the proposed business D1 Sports. Suite 111 is approximately 16,500 square feet, with 2,000 square feet maintaining as office use and the remaining 14,500 square feet would be converted into the D1 Sports training facility for the gym portion.

The applicant describes the business as a boutique-style physical fitness and sports training facility which offers coach-led classes, personal training, and physical therapy.

There would be nine employees, but six would be working on the busiest shift.

The hours of operation would be Monday through Friday between 6:00 a.m. and 7:30 p.m., and Saturdays by appointment only.

Clients are generally trained in small groups of about 2-5 people.

The parking requirements for the original site plan were based on a split of office and warehouse uses. However, if suite 111 were to be converted into D1 Sports, the demand for parking would not increase.

It is important to note that D1 Sports has received conditional use approval in the past for two other locations. The first one was at 940 Williston Park Point, and that was in July of 2012. The second one was at 30 Skyline Drive, and that was in January of 2016. Both of those properties were within the M-1A zoning district and also within the High-Tech Corridor.

Mrs. Story referenced pages 2-4 of the Staff Report which outlines the findings of facts criteria for approving this Conditional Use. Staff finds that the request to operate a private and retail recreational facility in the M2-A zoning district located at 635 Century Point #111, does not adversely affect the public interest, and it is a reasonable request based on the aforementioned findings of fact and recommends approval.

On January 14, 2020, the Planning & Zoning Board unanimously recommended approval for this Conditional Use.

The item was opened for a public hearing.

Barry Cofield (applicant) 1707 Stetson Court, Longwood, came forward. He stated as Mrs. Story mentioned, we are very excited to be a part of the community. The service that we offer helps the youth and adults—it is not all about sports even though it is in the name. We train all ages, shapes, and sizes. He said we appreciate you taking the time and we are very excited about this opportunity.

Mayor Mealor thanked Mr. Cofield for his investment in Lake Mary. He believes it is a wonderful location. He wished Mr. Cofield every success and asked him to not hesitate to call Staff if we could be of assistance in any way.

No one else came forward and the public hearing section was closed. The item was opened for discussion and a motion.

A motion was made by Commissioner Smith to approve 2019-CU-01 - Request for a Conditional Use for D1 Sports Training & Therapy, a Private and Retail Recreational Facility in the M-2A, Industrial zoning district, to be located in an existing building at 635 Century Point, Suite 111. Commissioner York seconded the motion and motion carried by roll-call vote: Commissioner Duryea, Yes; Commissioner York, Yes; Commissioner Smith, Yes; Mayor Mealor, Yes.

10. Other Items for Commission Action

11. City Manager’s Report

A. Items for Approval

a. FY 2020 Milling and Paving Program

Kevin Smith, City Manager, stated the first item we have tonight is the approval of our FY 2020 Milling and Paving Program. As you may recall this was an item we discussed last July in our FY 2020 Budget Workshop. The Commission appropriated 1.5 million dollars for this purpose.

The City advertised for bids for Milling and Paving (per BID 20-01) on January 21, 2020. The most responsive bid (see attached bid summary) was received from P & S Paving, Inc. with a bid of $1,365,430.25. The 2020 Street Resurfacing budget is $1,500,000. The City has worked with P & S Paving, Inc. in the past with excellent results.

The FY 2020 Milling and Paving Program will include the milling, resurfacing and restriping of the following streets/areas: Alinole Loop, Evansdale Rd., Sunrise Pt., Pine Tree Rd., Lake Rd., Meadow Brooke subdivision, Crystal Ridge subdivision, Downtown area, Misty Oaks subdivision & Springhurst subdivision.

Accordingly, I request Commission authorize myself to enter into an agreement with P & S Paving, Inc. in the amount of $1,365,430.25 for milling and paving road work at the above-referenced locations.  

Commissioner Smith asked if we could provide a schedule to send out notifications to the residents and HOA’s.

Mr. Smith replied, absolutely. We are already working on that. In my humble opinion road paving is one thing where citizens really see their tax dollars at work, so we want to do everything we can to let everyone know what we are doing.

A motion was made by Commissioner Duryea to authorize the City Manager to enter into an agreement with P & S Paving, Inc. in the amount of $1,365,430.25 for milling and paving road work at the above-referenced locations. Commissioner Smith seconded the motion and motion carried unanimously.

B. Items for Information

C. Announcements

Mr. Smith stated he was contacted recently by representatives of the Seminole Couty School Board. As you may recall, many years ago, the School Board was working to revisit their Interlocal Agreement for school concurrency. That sat dormant for several years but now they are addressing that topic.

Accordingly, the Interlocal Agreement calls for two Advisory Committees: Technical Advisory Committee, and an Advisory Committee that is made up of elected officials. My research shows that Commissioner Brender served in that capacity in the past. As he is no longer on the dais, I would request that the Commission appoint a representative to our PSFAC (Public Service Facility Advisory Committee).

Mayor Mealor appointed Commissioner York as the PSFAC representative. No objection was made by any of the Commissioners.

Commissioner York replied he would love to. He has a great relationship with the Superintendent.

Lastly, Mr. Smith stated he would like to recognize the efforts of our Staff with our Shred-A-Thon recently. We had almost 1,500 cars come through, 56,000 tons of paper was shredded and perhaps, most importantly, we raised over $12,000 for senior programs in the City of Lake Mary. He thanked Bryan Nipe and everyone involved in that successful event.

Commissioner Smith asked if it would be possible to recognize the Lake Mary Rotary and the City employees that participated in that event and thank them for all their hard work.

Mayor Mealor replied, absolutely. The Rotary Club has done such a remarkable job. You got there early in the morning and the cars started stacking, our Staff was there ahead of them. The thing that struck him was how pleasant everyone was in terms of our Staff. They greeted every resident that came through in a most professional manner. It really made an impression.

12. Mayor and Commissioners Report

a. Appointments/Reappointments to Advisory Boards

Mayor Mealor stated there are two Boards in need of appointments.

Richard Schulz’s term on the Code Enforcement Board will expire at the end of February. Mr. Schulz has expressed an interest to continue serving. His expertise has been very helpful to us over the years.

There was no objection to Mr. Schulz being reappointed to serve on the Code Enforcement Board.

Additionally, there is also a vacant position created with the resignation of Robert Sebald.

Commissioner York moved to nominate Timothy Vogt to serve on the Code Enforcement Board. Commissioner Duryea seconded the motion and motion carried unanimously.

Mayor Mealor thanked Mr. Vogt for his willingness to serve on the Code Enforcement Board.

There are two vacant positions on the Parks & Recreation Board created with the resignation of Timothy Johnson and Amy Pennock.

Commissioner Smith moved to nominate Richard E. Arndt to serve on the Parks & Recreation Board. Commissioner York seconded the motion and the motion carried unanimously.

Commissioner York moved to nominate Luis Silva to serve on the Parks & Recreation Board. The motion carried unanimously.

Mayor Mealor thanked Mr. Arndt and Mr. Silva for their willingness to serve. He also thanked all of those who applied. This concluded the Board appointments.

Commissioner York stated he will soon welcome a baby girl (July of 2020) and he is very excited.

Mayor Mealor congratulated Commissioner York. He also congratulated Brent Mason, Finance Director on celebrating his 40th birthday.

Commissioner Smith said the Shred-A-Thon was a great event. The Rotary Club and the City did a tremendous job.

He added that on February 3rd he attended the Kolter Solutions ribbon-cutting celebration which was hosted by the Seminole County Chamber. It is an IT Staffing business and he is happy that they decided to remain in Lake Mary and invest in their business there.

Opening day for the Lake Mary Little League is February 15th. He thanked Public Works and Parks & Recreation for doing a great job out there. It is going to look phenomenal on opening day.

He added that we have a hidden gem at Liberty Park. He said he lives in the area and two neighborhood kids in his community got in contact with Bryan Nipe to do a disc golf course.

Mr. Nipe came forward. He said the project has been very well received in the community. It is a very popular sport.

Mayor Mealor said he believes this is a wonderful idea. He thanked Commissioner Smith for bringing it to his attention.

Commissioner Duryea stated he would like Code Enforcement to come up with some sort of letter or announcement that when something is in non-compliance to let those people know officially that we know you have this here, it is in non-compliance, we just want you to know that we know. In other words, not necessarily go to the Code Enforcement Board and bring forward action, but for them to acknowledge that those particular structures are not in compliance.

Mayor Mealor stated we have tasked Staff to come back and reevaluate the entire Downtown development corridor. I think the timing of your request is quite good in terms of trying to tie-in some of those loose ends. Once we start to introduce some change into the area with newer structures, there will be different expectations. He thanked Commissioner Duryea for his comments.

13. City Attorney’s Report

Mrs. Reischmann, City Attorney stated I am sure we are all following the legislature in preempting cities right now.

A new bill was filed last night on the Tree preemption for that to apply to undeveloped property. She also mentioned the Bert Harris bill and stated that she would like to do a brief report at the next meeting of some of the ones that we might want to have input on and get involved in.

Mayor  Mealor stated he appreciates that. We are trying to reinstitute our presence with the Florida League of Cities. That would be very helpful.

14. Adjournment

There being no further business, the meeting was adjourned at 8:02 P.M.