City Commission Meeting Minutes 02/20/2020

Meeting date: 
Thursday, February 20, 2020
100 N. Country Club Road, Lake Mary, Florida
Regular Meeting
THURSDAY,  FEBRUARY 20, 2020, 7:00 P.M.


1. Call to Order


The meeting was called to order by Mayor David Mealor at 7:01 P.M.


2. Moment of Silence


3. Pledge of Allegiance


4. Roll Call


David Mealor, Mayor                                        
Jordan Smith, Commissioner (absent)         
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, Comm. Dev. Director
Michelle McCurdy, City Clerk
Lindsay Malsam, IT Manager
Wanda Broadway, H.R. Manager
Katie Reischmann, City Attorney


5. Approval of Minutes


A. Draft Commission Minutes – February 6, 2020


A motion was made by Commissioner Duryea to approve the Draft City Commission Minutes for February 6, 2020. Deputy Mayor Miller seconded the motion and motion carried unanimously.


6. Special Presentations


A. Recognition of Shred-A-Thon organizers


Bryan Nipe, Parks and Recreation Director, came forward. He said we are here to celebrate another incredible year for the Shred-A-Thon. It is organized by our Elder Affairs Commission and our Senior Program Manager, Deb Barr.


Shred-A-Thon saw 1,490 cars come through and shredded 56,561 pounds of paper and raised an all-time high of $12,120.00, which is a 16 percent increase from last year. In addition to staff, we had over eighty volunteers working at this event—half of those are from Lake Mary Rotary.


Each year, Shred-it volunteers their time by coming out and providing the box trucks, machines, and manpower. Mr. Nipe addressed the organizers and volunteers and said he is much appreciative of what they all do.


Mr. Nipe introduced some of the members of the Elder Affairs Commission and Lake Mary Rotary. He thanked them for all they have done for this event. He said it is incredible and all the funds raised go to senior programs in the community. In the past, those have gone to recreation programs for the seniors. We have also committed funds to the renovation of the Senior Center and most recently the Elder Affairs Commission has committed money towards developing the second phase of Heritage Park (the Veterans and First Responder's Memorial).


Mayor Mealor thanked everyone involved for a job well done.


B. Recognition of Disc Golf organizers


Mr. Nipe came forward.


Mayor Mealor thanked the organizers Reed and Graeme Hancock for their initiative and involvement.


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.


Miranda Fitzgerald, Attorney with Lowndes Law, 215 N. Eola Drive, Orlando came forward. She wanted to take a few moments and thank the City Commission and staff. She stated this is probably going to be her last appearance before the Commission. She thanked the Commission for nearly forty years of collaboration and assistance.


Commissioner York stated that he had the pleasure of working with Mrs. Fitzgerald while serving on the Planning & Zoning Board. He stated the clear and thorough presentations that Mrs. Fitzgerald gave were always extremely helpful in helping the Board come to a decision to either recommend or not recommend a project. He thanked her for a job well done and wished her luck in her next endeavor.


Deputy Mayor Miller echoed what Commissioner York said. He thanked Mrs. Fitzgerald and said he appreciates her.


Commissioner Duryea thanked Mrs. Fitzgerald and stated she was always very professional and calm even during disagreements. He said that is a sign of a true professional.


Katie Reischmann, City Attorney, thanked Mrs. Fitzgerald. She stated she learned much from her.


Mayor Mealor echoed everyone’s comments and thanked Mrs. Fitzgerald for a job well done.


8. Unfinished Business


A. Ordinance No. 1617 - Amendment to Firefighters' Retirement System - Second Reading (Public Hearing) (Brent Mason, Finance Director)


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


Brent Mason, Finance Director, came forward. He had nothing to add.


No one had any questions and 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 Duryea to approve Ordinance No. 1617- Amendment to Firefighter’s Retirement System. Commissioner York seconded the motion and motion carried 4-0 by roll-call vote. Commissioner Duryea, Yes; Deputy Mayor Miller, Yes; Commissioner York, Yes; Mayor Mealor, Yes.
9. New Business


A.Ordinance No. 1618 - 2019-ZTA-05 - Proposed amendments to Chapter 154.09 and Chapter 155, Appendix B of the Land Development Code regarding Zoning Definitions and Off-Street Parking Requirements for Dwelling Structures. Applicant: City of Lake Mary- First Reading (Legislative) (Public Hearing) (Stephen Noto, Project Manager)


Mrs. Reischmann read Ordinance No. 1618 by title only.


Stephen Noto, Community Development Director, came forward. He said at the City Commission meeting on January 16, 2020, staff was directed to update the Code of Ordinances regarding parking requirements for residential projects to require all residential development, not to include apartments or residential developments 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. Noto referred to page 2 of the Staff Report. He stated the Staff Report has gone into detail as to how we have done that. The proposed updates are as follows:


  • Single, duplex, and townhomes are now required to have 4 spaces per unit as opposed to 2 spaces per unit. Per the direction by the City Commission, these spaces are to be provided in an attached garage and driveway.
  • Townhouses are also required to have an additional .25 spaces per dwelling for guests.
  • A variance process has been detailed, however, given the importance of this issue, staff has proposed additional requirements that are to be met if an applicant requests relief from this code requirement. As outlined in Exhibit “A”, these additional requirements are:
    • There is sufficient public or private right-of-way available whereby vehicles that may be parked within the road right-of-way would not impede the two-way passage of a public safety vehicle.
    • A dwelling unit has two or less bedrooms.
    • The project directly abuts a mass-transit stop. This includes but is not limited to a bus stop or train station.
    • Permanent parking is available from an abutting property via a cross-access easement or a lease. The application must include proof of availability in the form of a notarized letter from the abutting property owner. Before approval of the request, the applicant must submit the executed easement or lease.
    • In the event of a residential PUD, staff has detailed that the same requirements are met. In the event that an applicant wishes relief from these standards, a variance must first be sought, as detailed in the new section 155, Appendix B, Section 2 (C)(1)(a).
    • Subsections to this section of the code were also updated due to an unexpected duplication that was found.
At their regular February 11, 2020 meeting, the Planning & Zoning Board unanimously recommended approval, 5-0, of the proposed updates to Chapter 154 and Chapter 155 as outlined above. While not a conditional approval, the board did ask staff to review the following items:


  • Use of the word "sufficient" in Chapter 155, Appendix B, Section 2, (C)(1)(a)(i).
  • Review apartment standards and possibly base requirements on the number of bedrooms per unit.
  • Possibly require 0.25 guest spaces for single-family and duplex units.  Require driveways to be deep enough as to not obstruct sidewalks.
Given the timing of this report, staff will provide an update at the meeting (Second Reading) regarding these items.


Staff recommends approval of Ordinance No. 1618.


No one had any questions and the item was opened for a public hearing.


No one came forward and the public hearing section was closed.


Mrs. Reischmann wanted to add that this does not apply to existing structures. That is why we are adding that applicability section.


A motion was made by Commissioner York to approve Ordinance No. 1618 (2019-ZTA-05), Proposed amendments to Chapter 154.09 and Chapter 155, Appendix B of the Land Development Code regarding zoning definitions and off-street parking requirements for dwelling structures. Deputy Mayor Miller seconded the motion and motion carried 4-0 by roll-call vote. Deputy Mayor Miller, Yes; Commissioner York, Yes; Commissioner Duryea, Yes; Mayor Mealor, Yes.


Mayor Mealor thanked Mr. Noto, staff, and Kevin Smith, City Manager. He said in less than a month’s time we have something we are comfortable with.


10. Other Items for Commission Action


11. City Manager’s Report


A. Items for Approval


a. Purchase and Installation of fencing to enclose PD parking areas


Mr. Smith stated this item comes from recent changes since the initial construction of the police station to include the SunRail station, multi-family housing and new businesses adjacent to the Police Department. This has caused an increase in pedestrian and vehicular traffic on the property. This tends to occur most often during the evening hours and weekends. Due to the increase of attacks on police officers across the country, it is necessary to improve security measures at our facility by limiting access to pedestrians and vehicles.  

We are hereby requesting permission to purchase and install 6’ commercial grade black aluminum fencing, which would include two (2) vehicle and two (2) pedestrian gates, enclosing a portion of the back parking area of the Police Department.    

The total expenditure for this project is $39,400.00. $21,865.00 of the total amount will be appropriated from Police Impact Fees, and the remaining $17,535.00 will initially be appropriated from Machinery & Equipment, and later replenished upon receipt of monies from a Justice Assistance Grant (JAG) award. 


Mr. Smith requested Commission authorize the purchase of 6’ commercial grade black aluminum fencing as described above from All-State Fence in the amount of $39,400.00.


Commissioner Duryea asked if there have been any incidents where people were trespassing on the lot or people driving around without authorization.


Mike Biles, Police Chief, came forward. He replied it happens quite a bit, especially since Sunrail opened. People think our parking lot is a cut through to Sunrail and try to access the building to use the restrooms. On occasion, Station House residents are found walking their dogs behind the Police Department.


Commissioner Duryea asked where this would go in relation to the building.


Chief Biles stated it would be towards the rear of the building and also as you exit onto Crystal Lake Avenue.


A motion was made by Commissioner Duryea to authorize the purchase of 6’ commercial grade black aluminum fencing from All-State Fence in the amount of $39,400.00. Commissioner York seconded the motion and motion carried unanimously.
B. Items for Information


a. Monthly Finance Report


C. Announcements


Mr. Smith stated Mr. Noto has been our representative on the MetroPlan Municipal Advisory Committee (MAC). Typically that committee is not made up of staff but of elected officials. Mr. Smith said although Mr. Noto is capable and competent to do that job, he believes it should be offered to the dais.


Mayor Mealor moved to appoint Commissioner Smith to serve on the MetroPlan Municipal Advisory Committee (MAC). There were no objections.


Mr. Smith wanted to remind everyone that Spring Clean Up will take place throughout the month of March in partnership with WastePro into the first week of April. A schedule is included on our website and through social media. We will continue to get the word out.


Mayor Mealor said he thinks it is a great thing, and if you recall this was actually originated by some concerns. Our former City Manager, Ms. Jackie Sova, took the initiative and worked with WastePro. This is a wonderful opportunity.


Mayor Mealor directed staff to include the Annual Spring Cleanup/activity schedule with the utility statements. He thanked Mr. Smith for coordinating it. He believes this is very helpful to our residents.


Mr. Smith thanked the Parks & Recreation staff and Mr. Nipe for doing an amazing job with opening day this past Saturday. He commented on how beautiful the fields looked. He stated it amazes and pleases him to see the participation that we got from our youth and our parents in baseball opening day this year.


Mayor Mealor thanked everyone for a job well done.


12. Mayor and Commissioners Report


Commissioner Duryea stated at the last meeting he brought up an issue about some of the older sections in relation to code enforcement—about things that were not in compliance. He asked if there was any progress on that.


Mrs. Reischmann stated everyone is working on that. It is a little tricky to have one form letter that works for all situations-- because you have non-conforming structures, non-conforming uses, and others—and every single one has to be treated differently. We have all discussed it. Mr. Smith called me to discuss it and we are dealing with it. It is an important issue.


Mr. Smith concurred with Mrs. Reischmann. He stated we know what the desired result is, we are just taking what we feel is the most legally proper and effective way to get there.
Deputy Mayor Miller had nothing to report.


Commissioner York reported that he had the pleasure of attending the League of Cities luncheon today and they had an excellent presentation from a representative of the U.S. Census, and he would like to exhort any members of the public that are here or that read the minutes, to please fill out your census form. It is so vital for the funding that the community receives.


Mayor Mealor asked Mrs. Reischmann and the Commissioners to postpone her presentation until the next meeting when Commissioner Smith could be present.


No one had any objections.


13. City Attorney’s Report


14. Adjournment


There being no further business, the meeting was adjourned at 7:46 P.M.