REGULAR CITY COMMISSION MEETING
MONDAY, APRIL 21, 2008
6:30 P.M.
DELTONA COMMISSION CHAMBERS
2345 PROVIDENCE BLVD.
DELTONA, FLORIDA
AGENDA
1. CALL TO ORDER 2. ROLL CALL - CITY CLERK 3. SILENT INVOCATION AND PLEDGE TO THE FLAG:
4. APPROVAL OF MINUTES & AGENDA: A. Minutes: Regular City Commission Meeting - April 7, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentations - Quarterly Board Reports of City Advisory Boards/Committees: • Beautification Advisory Board - Al Manassa, Chair
• Parks & Recreation Advisory Committee - David McKnight, Chair
• Citizen Accessibility Advisory Sub-Committee - Danah Grant, Chair
• Senior Advisory Sub-Committee - Eileen Gallagher, Chair
• Youth Advisory Sub-Committee - David McKnight, Acting Chair
• Planning & Zoning Board - Wesley Kihlmire
• Scholarship Selection Committee - Peggy Fisher
6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length)
CONSENT All items marked with an * will be considered by one motion unless removed
AGENDA: from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item.
7. CONSENT AGENDA:
*A. Request for approval of Budget Amendment for FY 07/08 to cover additional appropriation of funds to aid the Veteran's Memorial Museum. In fiscal year 2005-2006, the City appropriated $150,000 to assist in the establishment of a Veteran's Memorial Museum. Until now no requests for reimbursement have been received. The project is now moving forward and it now appears necessary to amend the budget for the Park Projects Fund to cover this outlay. The original appropriation was not carried over into either FY 06/07 or FY 07/08.
*B. Request for approval of Budget Amendment for FY 07/08 to record additional appropriation for purchase of vacant residence at 1049 Falcon Street. This transaction was originally approved by the Commission in the meeting of October 1, 2007. In an effort to prevent the loss of approximately $30,000 in SHIP funds, the property located at 1049 Falcon Street was purchased by the City of Deltona, through the City Attorney's Office, as part of a foreclosure prevention strategy. This transaction allowed for the recapture of approximately $30,000 in State Housing Initiative Partnership Program funds for deposit into the Affordable Housing Trust Fund. On October 1, 2007, when the purchase of this property was approved by the City Commission, former City Manager Steve Thompson advised that the funding source for this purchase was the "fund balance". This agenda item is to formalize the transfer of $158,300 from the fund balance to cover this expenditure.
This property is currently being evaluated and rehabilitated for resale by the Housing and Community Development Office for eligible very low income first time homebuyers. *C. Consideration of Award of RFP #0846, Real Estate Appraisal Services. Staff put out a Request for Proposals seeking an individual or firm to provide property appraisal services on a continuing basis for services that may include but that are not limited to vacant land acreage, vacant land residential lots, single family residences, vacant commercial lots, improved commercial property, mobile homes and residential lots, special property (i.e. churches, parks, etc.), etc. Staff has selected the top three firms and would like to have all of these firms pre-qualified to perform the services as needed for an initial agreement period of three years with the option to renew for two additional one year periods. The firms will be used on either a rotating basis or will submit their costs based on a specific scope of work with award going to the firm that would provide the best value to the City for each project. Seven firms submitted proposals in response to the RFP. The firms scoring the highest were Beaumont & Matthes, Inc., Diversified Property Specialists and Heffington & Associates.
*D. Resolution No. 2008-14, Providing for Preliminary Assessment Resolution for the creation of the Croton Avenue Streetlighting District. The City has received a petition requesting the creation of a new Streetlighting District for Croton Avenue. The petition bears twenty-six (26) signatures representing 59% of the property within the proposed boundaries. The proposed District will include the installation of seventeen (17) 100-watt cobrahead street lights on existing overhead distribution poles. Forty-four (44) platted lots of approximately equal size exist within the proposed streetlighting district. The estimated annual charge per platted lot for the first year is $80.36. The estimated annual charge per platted lot for second and subsequent years is $41.73. If approved at this preliminary step, the final assessment resolution and public hearing will be scheduled for May 19, 2008.
*E. Request for approval to purchase Tractor/Semi-Truck from Orlando Freightliner in accordance with Volusia County Contract #06-B-160JJ - Deltona Water. Deltona Water is seeking to purchase a Tractor / Semi Truck (as approved in FY 07-08 Budget) for the purpose of pulling the existing Low Boy Trailer. This equipment is being used to move equipment, i.e.: forklift and various other pieces of equipment within the City's fleet from one job to another. The tractor / trailer combo will reduce response times to emergency calls and water main breaks. To purchase this item, and as allowed in City/State policy, staff is recommending that the City piggyback Volusia County Contract #06-B-160JJ which was solicited by Volusia County. The County of Volusia approved award and entered into a contract with Orlando Freightliner on August 15, 2007.
*F. Award of Bid #0838 - Spreading Oaks Stormwater Retrofit. Purchasing received twenty responses to Bid Number # 0838 - Spreading Oaks Stormwater Retrofit. This project would allow the City to relieve street flooding in the Spreading Oaks Avenue and Rhonda Drive area.
Bids were received from the following companies.
• Volt Telecommunications Group, Inc. $280,773.00
• CEPA 2 Corp. $266,306.00
• Mid State Paving Company, Inc. $261,208.00
• Marion Rock, Inc. $248,634.00
• Gregori Construction and Engineering, Inc. $246,442.00
• Harty Tractor Service, Inc. $244,800.00
• CEM Enterprises, Inc. $244,110.00
• VK Jensen Enterprises, Inc. $243,511.95
• Superior Asphalt of Central Florida, Inc. $242,144.00
• Gibbs & Register, Inc. $230,750.00
• Estep Construction, Inc. $213,025.00
• Schuller Contractors, Inc. $211,000.00
• Stormwater & Underground, Inc. $194,229.00
• McMahan Construction Co., Inc. $193,905.00
• Masci Corporation $190,400.00
• Marcum Underground, Inc. $181,767.50
• Wal-Rose, Inc. $180,085.00
• Amick Construction, Inc. $174,977.00
• Hazen Construction $174,704.00
• Barracuda Building Corporation $165,639.00 The low bid was received from Barracuda Building Corporation with a bid of $165,639.00 or 5.47% below the next lowest bid.
*G. Request for approval of change order for Tetra Tech HAI - Howland Blvd. Phase 3 Utility Relocation Project. The original scope of services for the Howland Boulevard Phase 3 Utility Relocations and Improvement Project included the water main and force main. During the design phase of the project, the City requested that a reclaimed water main be added along the route on Howland Boulevard between Courtland and C.R. 415. The additional professional services include additional Construction Services, Final Design of the reclaimed water main and additional Construction Administration services. The total cost for the additional services is $40,427.
*H. Request for approval to proceed with Stormwater User Rate Study. The City has a stormwater utility that currently provides funding for stormwater projects. Currently the rates are $60.00 annually for developed parcels and $34.00 for undeveloped parcels. The fees are billed as a non-ad valorem assessment. The City is currently under contract to update the existing Stormwater Master Plan that was done in 1999. The update will include a revised Stormwater Utility Master Plan that identifies many of the goals and required capital projects for the system over the next 10 years. As part of that Master Plan, a cursory financial analysis was conducted to determine the sufficiency of the current stormwater utility rates to meet the objectives of the Master Plan. As a prelude to implementing a rate increase it is proposed that a new rate structure be evaluated that would differentiate between residential and commercial parcels in order to provide for greater equity between customers. As a result it will be necessary to evaluate the number of billing units that would be attributable to the utility under such a structure.
Tetra-Tech has submitted a scope of services for the feasibility and data gathering on the Stormwater Utility Unit Study. The scope would include developing billing units upon the impervious area of a single family equivalent residential unit (ERU). It is expected that multi-family and other user classes will be evaluated based either, on total ERU's as a function of total impervious area or fractional ERU's. Based on the results a summary report will be prepared that evaluates the potential changes in billing units under the proposed rate structure. The analysis will include an evaluation of the current structure and the potential impacts on the level of rates using the proposed rate structure. The results will be summarized in a decision document for the City's consideration in moving forward with establishing updated rates. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 06-2008, Amending Article VII, "Solicitation on Public Road Rights-of-Way", Chapter 22, "Businesses" of the Code of Ordinances of the City of Deltona, for second and final reading. The City of Deltona adopted Article VII of Chapter 22 via Ordinance No. 07-2007. Staff has determined that revisions to the ordinance are necessary for clarification to the procedures and requirements for solicitation activities on public road rights-of-ways. Major changes of note: • Section 22-202 has been renamed "Charitable Solicitation Activities" and verbiage has been added or removed to more closely parallel the state statutes.
• Permits shall be filed with the Department of Planning & Development Services, rather than the City Clerk's office.
• The City shall issue a Letter of Compliance upon verification that the permit requirements have been met by charitable organizations.
• A safety plan, approved by the Volusia County Sheriff's office, must be submitted with the permit application.
• A $15.00 application fee has been added to help defray the costs of review and issuance of the permit.
• An exemption for political campaigning has been added to Section 22-203. This Ordinance was approved at first reading on April 7th, and is now scheduled for second and final reading.
B. Public Hearing - Resolution No. 2008-10, Providing for a Conditional Use to permit a house of worship within an R-1A, Single Family Residential zoning district on property located at 1270 Courtland Blvd.; Applicant: Tom Smith (Project No. CU08-003). The applicant has submitted a request for approval of a conditional use to construct a 2748 square foot house of worship on a 3.03 acres site. The property is located on the north corner of the intersection of Courtland Blvd. and Hayward Avenue. This conditional use is needed because a previously approved conditional use, Resolution No. 2005-17, and the approved one year extension expired on July 18, 2007. Staff has determined that Resolution No. 2005-17 has not begun to serve the purpose for which it was granted.
On March 19, 2008, the Planning and Zoning Board held a public hearing regarding this request and voted unanimously to forward Resolution No. 2008-10 to the City Commission with a recommendation of consideration of approval. C. Ordinance No. 12-2008, Abandoning a 60' right-of-way known as Connor Drive and accepting the dedication of a 20' drainage, maintenance and access easement to the City, for first reading; Applicants: Robert D. Green, Sr. (Project No. EZ08-001). On January 29, 2008, Robert D. Green, Sr., submitted an application for the abandonment of the right-of-way of Conner Drive, a 60 foot dead-end right-of-way off of Collingswood Drive, in Deltona Lakes Unit 32. Mr. Green owns both of the corner lots abutting Conner Drive and would like to close off the road and fence the rear property line to prevent cut through traffic and trespassing to the adjacent un-subdivided tract. The adjacent property is owned by the Cornerstone Church, which has been issued a Final Site Plan Development Order. The approved Cornerstone Church Final Site Plan shows no connection to this local street, as their primary access is from Lake Helen Osteen Road The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area. The
Department of Public Works has asked only that they be allowed access across the west end of Conner Drive to install a storm drain, should the need ever arise. The description of the roadway proposed for abandonment provides for a 20 foot drainage, maintenance and access easement to allow for this activity. If approved at first reading, the Ordinance will be scheduled for second and final reading on May 5, 2008. D. Ordinance No. 13-2008, Abandoning portions of two roads and a portion of an alley in an antiquated subdivision fronting State Road 415, for first reading; Applicants: Patrick J. & Eileen Finney (Project No. EZ08-002). On January 14, 2008, Patrick J. and Eileen Finney submitted an application for the abandonment of portions of two separate roads and a portion of a platted alley in an antiquated subdivision fronting on State Road 415. The subdivision was recorded on January 7, 1925 and the roads were never constructed. The remaining roads and alleys in this part of the subdivision, also never constructed, were abandoned by the City by Ordinance 04-2006. The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area. If approved at first reading, the Ordinance will be scheduled for second and final reading on May 5, 2008. E. Ordinance No. 14-2008, Providing for an amendment to the text of the Comprehensive Plan Public School Facilities Element and Capital Improvements Element to satisfy the Department of Community Affairs non-compliance determination of Ordinance No. 18-2007, for first reading. The City Commission adopted Ordinance No. 18-2007 on February 4, 2008 creating the new Public School Facilities Element and amending the Capital Improvements Element, among other things. The Department of Community Affairs issued their Notice of Non-Compliance on March 27, 2008, which is attached. The notice requests specific remedies to find the amendment in compliance with Florida Statutes. These issues were previously negotiated between planning staff, Volusia County School Board staff, and the hired consultant, TMH Consulting, Inc. All of the previously adopted elements are being revised by the individual jurisdictions. If approved at first reading, the Ordinance will be scheduled for second and final reading on May 5, 2008. F. Ordinance No. 15-2008, Providing for a procedure to request a reduction or waiver of a Code Enforcement lien, for first reading. In accordance with Section 162.02, Florida Statutes, the intent of code enforcement boards with the "authority to impose fines and other noncriminal penalties [is] to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances." The City of Deltona echoes this intent in Section 2-52 of its Code of Ordinances. Compliance is not always achieved prior to the dates ordered by the code enforcement board/special magistrate and it becomes necessary to file a lien against the property on which the violation exists. Very often, when the violation is corrected and compliance is achieved property owners contact enforcement services staff to request a reduction or waiver of the lien. Sometimes there are extenuating circumstances that were not brought to light until the property owner requests the reduction or waiver. Liens run in favor of the City Commission and according to the Florida Attorney General Advisory Legal Opinion, AGO 2002-62, upon being recorded an Order Imposing Fine/Lien "becomes a lien that may only be compromised, satisfied or released by the local governing body." The City Commission has sole discretion with regard to approval or denial of all requests for reduction or release of liens. It is in the best interest of the City to have a process in place by which a property owner may request a reduction or waiver of the lien and criteria by which the code enforcement board/special magistrate shall make a recommendation to the City Commission.
If approved at first reading, the Ordinance will be scheduled for second and final reading on May 5, 2008. 9. OLD BUSINESS: A. Request for approval to pursue Keep America Beautiful affiliation (Vice Mayor Carmolingo). Since 1953, the Keep America Beautiful organization has provided framework for communities of all sizes across America for community education and hands- on stewardship that reduces litter and waste, promotes grassroots volunteerism and makes sustainable improvement possible for communities like Deltona. The affiliates have built upon this framework to create innovative, locally focused programs that address the specific needs of their community. The following is a summary of the guidelines for the Keep America Beautiful Affiliation program for your review. The focus of the Keep America Beautiful Affiliation is litter, waste reduction and beautification. The first step in order to become affiliated with the KAB will be to form a team of 6-9 committee members. The team will consist of a Team Leader, an organizational group and a technical group. The team members will be responsible for creating the structure and order to ensure the long-term success for the affiliate. The team will have to identify a mission along with a logo. Administrative responsibilities will consist of determining board members responsibilities, member recruitment and Executive Director Job description, financial set-up, securing start up funds, designing an operational budget and preparing potential donor packets. Each team member must commit to the four-hour training certification workshop. The team will be assigned tasks and agree to accomplish the tasks within four to six months in order for the City to receive the affiliation. There will be several surveys done to determine the key areas within the City. A litter Index and a Focus Area Survey will be completed by the team. The litter Index is a visual assessment of the community and the Focus Area Survey is a fact-gathering document that examines existing ordinances and enforcement practices, current technology and educational programs relating to litter, beautification and community improvement, and waste reduction. There will be a one-time fee to support the initial development of the Keep America Beautiful affiliation of $4,000. The fee includes the training of the team including travel expenses for the national trainer, pre-certification and training materials to assist in the initial development, and the first year's annual network service fee. The national trainer will conduct board trainings, conduct a new affiliate planning and goal setting session, provide training for the Executive Director and announce the official affiliation during the Certification Ceremony. There will be an annual fee of $300.00 per year after certification. This item was presented to the Commission for consideration on April 7th and no formal action was taken. Vice Mayor Carmolingo requested that the item be re-scheduled for Commission consideration on April 21st. 10. NEW BUSINESS: A. Consideration of request for rehearing re: a zoning variance request to permit a shed within a 20 foot drainage and utility easement, located at 1282 West Portillo Drive; Applicant: Steven and Sharon Allan. The applicant/owner replaced an existing non-conforming shed with a 13 foot by 20.10 foot shed within a 20 foot platted utility easement without obtaining a building permit. Enforcement Services issued a Notice of Violation for constructing the shed without obtaining the required building permits. The applicant may not obtain building permits without first obtaining a zoning variance because the shed is located within a drainage and utility easement which is not permitted. On March 17, 2008, the City Commission heard the zoning variance request for 1282 Portillo Drive, Project No. VR08-001. A motion was made and seconded to approve with the three conditions made by staff. The motion failed by a four to three vote.
On March 26, 2008, Mrs. Sharon Allan submitted a letter to the City of Deltona requesting a rehearing. Also, on March 27, 2008 the applicant, Mrs. Sharon Allan, submitted a second request for rehearing via e-mail, appointed that she can provide additional information regarding this variance. B. Request for approval of changes to the City's Personnel Policies & Procedures. City staff has updated and made changes to a number of sections of the City's employee Personnel Policies and Procedures. The changes made are to clarify inconsistencies in the policy and updates for compliance with Florida Statutes. It is recommended through the adoption of this update that the Human Resources Policies and Procedures should be revised and updated by the City Manager in the future relating to administrative changes. The areas of significant change are: Section 1: Provides clear language as to the employee's Nature of Employment and defines employees that are "at will" and serve at the pleasure of the City Manager. Section 2: Minor changes in language. Section 3: Regarding harassment has been completely rewritten to reflect changes in procedures and law to include an internal investigation procedure, bad faith claims, and provides examples of types of harassment. Section 4: Has minor changes in definitions of employee classifications. Section 5: Includes changes to probationary periods for new, promoted and transferred employees and defines the terms of employment with the City. It also redefines the demotion of an employee. Section 6: Updates the pay classification plan, starting rate of pay, and allows the City Manager to request performance evaluations at any time of an employee at least 6 months. It also redefines the City's Return to Work/Fit for Duty program. Sections 7, 8 & 9: Minor changes in language. Section 10: This section has been completely rewritten. It defines employee relationships, their respective duties, responsibilities, and behavior. This section also outlines the authority to discipline and the forms of discipline. Section 11: Minor changes in language. 11.9 Pay on termination has been updated as well. Section 12: Includes the update to the dress code and office decorum. Section 13: Includes change to the terms of the Safety Committee, Accident/Injury Reporting. Section 14: Substance Abuse - this section is currently under review. Section 15: This section has been completely rewritten to reflect changes in procedure to coincide with changes in Section 10. City employees have been notified of the proposed Policy changes and copies have been made available to them. Those employees covered as members of the IAFF Collective Bargaining Unit are not affected by these changes until the proper notification under IAFF, CBA, Article 14, Section 5, has been followed. IAFF Collective Bargaining members continue to be subject to provisions within the Union Contract between the City and I.A.F.F., Local 2913. C. Appointment of one (1) member to the City's Beautification Advisory Board.
Mr. Kevin Davidson (appointed by Vice Mayor Carmolingo - District 6) to the City's Beautification Advisory Board has resigned from the Board effective February 23, 2008. The City has run a press release, and posted the opening on the City's WebPage, D-TV and City bulletin boards. To date, the City has received applications from the following interested individuals: Kimberly Bailes, David Llewellyn, Brian Alan Johnson, and Donald Philpitt. 11. CITY COMMISSION COMMENTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS:
14. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least three (3) working days in advance of the meeting date and time at (386) 878-8100.
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