REGULAR CITY COMMISSION MEETING
MONDAY, FEBRUARY 4, 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 - January 22, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Certificate of Appreciation - Cub Scout Pack 241. B. Presentation - Community Service Award - City of Deltona Employees - 2007 Relay for Life event. C. Presentation - Quarterly Board Report - Firefighters' Pension Plan, Board of Trustees - Lisa Spriggs. D. Presentation - Sheriff's Department Quarterly Report - Captain John Bonnevier. E. Commission Briefings: • Tourist Development Council (TDC) - Mayor Mulder;
• Volusia Council of Governments (VCOG) - Vice Mayor Carmolingo;
• Water Authority of Volusia (WAV) - Vice Mayor Carmolingo;
• Volusia County Metropolitan Planning Organization (MPO) - Commissioner Deyette.
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. 6. CONSENT AGENDA: *A. Award of Bid #0826, Trailer Mounted Thermoplastic Pre-Melter. Striping of paved surfaces is accomplished with plastic stripes that are, in a sense, melted to the asphalt surface. In the past the City has contracted this work out, but the City staff will be able to do this same work at a lower expense over time with the purchase of the striping equipment. The current budget includes funding for this equipment, and the staff has advertised for bids. The City has received five bids for a Trailer Mounted Thermoplastic Pre-Melter, and is recommending acceptance of the low bid. Bids were received from the following companies: • Advanced Striping Equipment $38,050.00
• Florida Transcor, Inc $45,950.00
• Trantex $51,850.00
• Transafe, Inc $56,000.00
• MB Companies $59,747.00 The low bid was received from Advanced Striping Equipment at a total cost of $38,050.00.
*B. Award of Bid #0828, Centrifugal 4 inch Silent Pump. The City has received seven bids for two Centrifugal 4 inch Silent Pumps, and is recommending acceptance of the low bid. The pumps are required to replace existing storm water pumps used to pump stormwater from flooded areas. These proposed storm water pumps are enclosed and silent thus significantly reducing the noise that has been caused when the old pumps were in use. Bids were received from the following companies: • Pat's Pump & Blower LLC $46,640.00
• Hertz Sales $50,800.00
• United Rentals $54,216.00
• Godwin Pumps of America, Inc $56,896.00
• Acme Dynamics $67,900.00
• Thompson Pump $75,494.00
• Hudson Pump & Equipment $92,368.00 The low bid was received from Pat's Pump & Blower LLC at a total cost of $46,640.00. *C. Award of RFP #0829, Promotional Testing. The City of Deltona Purchasing Department, on behalf of the Fire Department, released an RFP soliciting a consultant to develop and administer promotional assessment processes for the Bargaining Unit ranks of Driver Engineer, Lieutenant, and Operation Division Chief within the Fire Department. The Collective Bargaining Agreement between the International Association of Firefighters (I.A.F.F.) Local 2913 and the City of Deltona (Article 42 - Promotions Section 4, Examinations) requires "All promotional examinations will be conducted by a third party outside testing entity that is agreeable by the Union President and the Chief." These competitive promotional processes fall under the purview and guidelines of the Equal Employment Opportunity Commission under USC Title VII (Civil Rights Act) as well as other requirements. The consultant is responsible to produce a content validated promotional process, monitor for adverse impact, and provide a rank order list of candidates for promotion who are highly qualified and diverse with regards to gender and ethnicity for each specific rank. Lists for each rank are valid for two years from the date of issue, but other factors can occasionally cause a list to terminate before or extend beyond two years. A total of three to five promotional processes are projected for the 3-year duration of this contract (there are two additional 1-year contract renewal options).
Submittals were received, and the Selection Committee reviewed and ranked the following firms based on their proposals and pricing for this project. The Union President and the Fire Chief are agreeable to using the listed firms, however the Union President is reserving his right to establish agreeability again prior to the second and each subsequent promotional processes. 1. Morris McDaniel, Inc.
Engineer $25,845 per process
Lieutenant $34,400 per process
Operation Division Chief $25,330 per process
(5% increase in years 3 and 5 of project) 2. CPS Human Resource Service
Engineer $49,500 per process
Lieutenant $34,500 per process
Operation Division Chief $25,500 per process
(10% increase in years 3 and 5 of project) 3. Institute for Public Safety Personnel, Inc
All ranks $47,000 per process
(0% increase throughout project) *D. Award of Bid #0831, City Newsletter & One Time Only Publications Print Services. Purchasing received six responses to Bid Number # 0831 - City Newsletter and One Time Publications. The bid covers the bi-monthly printing of the City Newsletter-35,000 copies-as well as the postage for delivering the newsletters to the resident distribution list of 34,684. The remaining newsletters-316-are delivered to the Communications Dept, for distribution at City Hall and the City Parks locations (Harris M. Saxon and Lakeshore Community Centers). Additionally, the bid includes printing for "One Time Only" publications-one per quarter, on an as needed basis-for special City projects that need wide-spread advertising distribution. These special publications would be printed in a quantity of 35,000 with a mail-out distribution of 34,680. The specifications for the publications are 4-color process, on 60# stock, tabbed and folded. This includes a two week "turn-around" period, from proof approval to delivery of newsletters to the post office for mailing. The bid totals are comprised of four separate items-print costs for the Newsletter and One Time Only Publications (Budget Line Item #524700), and postage for both (Budget Line Item #524102). Please note on Bid Tabulation Spread Sheet, the Postage Totals are for one mailing only. The postage total (Pro-Tech only) for 6 issues of the Newsletter is $28,094.10 and for 4 One Time Only Publications is $18,729.40. The following companies submitted bids: Pro-Tech Printers $77,573.50
Countrywide Printing $94,116.00
Aloma Printing $94,821.91
Progressive Communications $102,385.00
Pride Enterprises $105,401.22
Postal Center Int'l Printing $124,023.02
*E. Resolution No. 2008-03, Adoption of Cross Connection Control Program as required by FAC 62-555.360. The City of Deltona is required under Florida Administrative Code 62-555.360 to establish and implement a routine cross-connection control program to detect and control cross-connections and prevent backflow of contaminants into the public water system. A letter of non compliance was issued on December 21, 2007 due to the ordinance and program manual not being formally adopted by the City. *F. Resolution No. 2008-06, Creating a Local Business Tax Equity Study Commission pursuant to Chapter 205, Florida Statutes. At the City Commission meeting held on June 4, 2007, the Commission adopted Ordinance No. 2007-10, which authorizes the City of Deltona to levy a Local Business Tax (Occupational License). The Local Business Tax fees went into effect on October 1, 2007. Section 205.0535, Florida Statutes, was amended by Public Law 2007-97, establishing that "by October 1, 2008, any municipality that has adopted by ordinance a local business tax after October 1, 1995, may by ordinance reclassify businesses, professions, and occupations and may establish new rate structures" if certain statutory requirements are met. One of the statutory requirements of Section 205.0535, Florida Statutes, is that before adopting a reclassification and revision of our ordinance, the municipality or county must establish an equity study commission to recommend to the City Commission a classification system and rate structure for business taxes. The Equity Study Committee must be made up of an equitable distribution of various owners, operators or managers of businesses located within Deltona.
*G. Consideration of First Amendment to Agreement to sell and purchase between the City and the School Board of Volusia County. On November 2, 2006, the City of Deltona entered into an agreement with the School Board of Volusia County for the purchase of property located on Haulover Boulevard to be used as a future park or a utility site. Deltona Water would extend potable water and sewer facilities to accommodate the new high school and middle school, in exchange for the purchase of five plus or minus acres. Article V, 5.1, of the Agreement states as follows: The Closing of the purchase and sale of the Property shall occur on December 31, 2007 or upon completion of installation of improvements if said installation occurs prior to December 31, 2007. In the event the installation of the improvements has not occurred by December 31, 2007, the parties may extend this agreement. That since the December 31, 2007, date was not met the parties are hereby requesting an extension of said agreement.
*H. Appointment of member to the Firefighters' Pension Plan, Board of Trustees. The term of one citizen member of the Firefighters' Pension Plan, Board of Trustees, William Scott Johnson, expired on January 15, 2008. In accordance with the City's Code of Ordinances, Sec. 46-28, "The fifth member shall be chosen by a majority of the previous four members as provided for herein, and such person's name shall be submitted to the governing body of the City. Upon receipt of the fifth person's name, the governing body of the City shall, as a ministerial duty appoint such person to the board as its fifth member." At the January 15, 2008, Board of Trustees' meeting, the Board unanimously voted to appoint James Koczan as the fifth Board member for a term to expire on January 15, 2010. 7. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length) 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 18-2007, Amending the text of the Comprehensive Plan Intergovernmental Coordination Element, Capital Improvement Element and Future Land Use element to comply with the Florida Statute requirements regarding public schools and also creating a new element titled Public School Facilities element to include goals, objectives and policies, for second and final reading. In 2005, the Florida Legislature adopted requirements for all local governments to institute mandatory planning for schools. The law is also referred to as "Senate Bill 360". In 2006, the voters of Volusia County approved by referendum the same requirement. In the summer of 2006, the Volusia County School Board and the 17 local governments of Volusia County began formal development of a Public School Facility Element to address the new State law and local referendum. As stated in the support materials to the amendment, this process included various segments of the community. The key components of the Public School Facilities Element include establishing Concurrency Service Areas (CSA), Level of Service (LOS) standards, and process by which all projects that increase residential density are reviewed. The City Commission held a public workshop on July 30, 2007 to discuss the requirements of SB 360 and the Volusia referendum. Staff described the process of development review and the components of the new Public School Facilities Element.
The Planning and Zoning Board recommended approval of the amendment at their regularly scheduled meeting held on August 15, 2007. On September 17, 2007, the City Commission voted unanimously to transmit the amendment to the Volusia Growth Management Commission (VGMC) and the Department of Community Affairs (DCA) for review and comment. On November 19, 2007, the Volusia Growth Management Commission certified the Deltona amendment as consistent. On December 14, 2007, the Department of Community Affairs issued their Objections, Recommendations, and Comments (ORC) report regarding the Deltona amendment. As a note, DCA also submitted identical ORC reports for Volusia County, the City of Port Orange, the City of Holly Hill, and the City of DeLand. On December 18, 2007, staff members from the Volusia County School District and adjacent municipalities met with DCA staff in Tallahassee and via conference call to discuss the ORC report. This Ordinance addresses the ORC report as the issues have been discussed with DCA staff. Staff Recommendation: DCA's ORC report contained nine total objections; two administrative objections, four objections regarding the Public School Facilities Element (PSFE), and three objections regarding the Capital Improvements Element (CIE). In summary, they are as follows: OBJECTION 1: Inclusion of an executed Interlocal Agreement. The Interlocal Agreement (ILA) at the time of transmittal had not been signed by all jurisdictions within Volusia County. That is no longer the case, and a copy of the executed ILA will be transmitted to DCA with the adoption package. OBJECTION 2: PSFE- Annual Review of the Element. Added new Policy 4A (Volusia County's new policy # 1.1.4) that states Deltona agrees to meet annually in accordance with the ILA, which requires said meetings. OBJECTIONS 3: PSFE - Concurrency exemptions and consideration of adjacent concurrency service areas. Staff agrees to amend Deltona Policy 3G (Volusia County's amended Policy #2.3.3) to address this objection. However, DCA's objection to Deltona Policy 7G (which is Volusia County's Policy #2.3.7) remains unchanged. Justification and support of holding the original language of Deltona Policy 7G is provided in "Technical Memorandum #19" written by TMH Consulting on behalf of the City of Deltona, and shall be provided as support documentation to DCA. OBJECTION 4: PSFE - Concurrency Service Area Definitions and Maps. The planning process creating this PSFE started eighteen months ago. At some point there had to be a date in which the data and analysis used to support the PSFE cut off. DCA requested updated information. Therefore, Tables 18-1, 18-2, and 18-3 are revised which required a revision to Deltona Policy 3E of the PSFE (Volusia County Policy 2.1.3) and Deltona Policy 1C of the CIE (Volusia County Policy 1.1.3). OBJECTION 5: PSFE - "No School Zone" Concurrency Service Area. This will be the biggest challenge to overcome with DCA. Please see "Tech Memo #19" as well as legal opinions of same written by Clay Henderson, of Holland and Knight, dated December 14, 2007 and December 21, 2007. At this time, there is no policy revision offered to address this DCA comment and Volusia County School District has determined that they will challenge DCA if the objection continues. OBJECTION 6: CIE - Five Year Schedule of Improvements. This comment is similar to Objection 4 listed above. The data and analysis transmitted with the original amendment included the 06-07 School Capital Improvements Program. DCA is requesting the 07-08 School CIP. A revised series of tables are included in the support documentation to DCA. OBJECTION 7: CIE - Supporting infrastructure and location of schools as community focal points. As discussed in Tech Memo #19, staff recommends that Deltona Objective C (Volusia County 1.3) and Policies 1B, 4B, and 5B (Volusia County policies 1.2.1, 1.2.4, and 1.2.5) addresses this objection. OBJECTION 8: Enrollment Projections. DCA objected that the data and analysis did not include projections for each school year for the initial 5-year period. Tables 18-1, 18-2, and 18-3 have been revised to address this objection. OBJECTION 9: Amendment is not consistent with the State Comprehensive Plan. If all other objections listed above are satisfied by the adopted amendment, this objection will be omitted. In summary, staff recommends that the City Commission adopt Ordinance No. 18-2007, as revised, addressing DCA's ORC report. B. Public Hearing - Ordinance No. 30-2007, Providing for the Voluntary Annexation into the City of Deltona of 3.988 acres of property located South of Enterprise-Osteen Road, West of S.R. 415, and contiguous to the City on its West property line, for first reading; Applicant: Florida Retail Development, LLC; Address: 180 S. S.R. 415. The voluntary annexation application of Florida Retail Development, LLC was submitted on August 30, 2007. The property is located within the Osteen JPA in unincorporated Volusia County, has a County future land use of Commercial, and the County zoning is B-4 (General Commercial). The owner/developer submitted a Final Site plan to Volusia County in 2006, to construct a Dollar General. On May 2, 2007, Deltona staff provided comments to the applicant's engineer, Grant Reene, regarding the proposed development due to its proximity to Deltona's City limits. The owner is now requesting annexation into the City of Deltona. The annexation application has been reviewed by the Director of Planning and Development Services and it has been determined that the annexation meets the requirements of Florida Statutes 171.044, because it is reasonably compact, does not create enclaves, and is contiguous to the City of Deltona; and all owners of the property have petitioned for voluntary annexation of their property into the City of Deltona. Because this annexation is less than 1,500 acres the net benefit analysis is not required by policy number CC05-001, adopted by the City Commission on April 4, 2005. The proposed annexation is within the voluntary annexation area established by Resolution 2005-13 of the City Commission. The County planning staff has no objection to the voluntary annexation. Staff Recommendation: The property can be served with water and wastewater services by Deltona Water if it is annexed. Also, the City of Deltona will have the benefit of the design principles expounded at the joint meetings between City Commission and County Council regarding the Osteen JPA. Staff recommends the annexation of the property because it meets the Florida Statutes requirements for granting the annexation, as explained in the background. However, it is important to note that this property is located within the proposed "Osteen Commercial Village" Land Use category on the JPA as discussed between City Commission and County Council. One of the leading design principles for the "Osteen Commercial Village" is avoidance of single story strip commercial along SR 415. Regardless of annexation, the property owners should be aware that a single story discount retail store may not comply with current land use proposals as staff understands directions given from City Commission and County Council. If approved at first reading, the Ordinance will be scheduled for second and final reading on February 18, 2008. C. Ordinance No. 04-2008, Revising Chapter 14, "Animal Control" of the City's Code of Ordinances, by amending the current appeal process to utilize the City's Special Magistrate for citizen appeals, for first reading. The City of Deltona Code of Ordinance currently requires the City Commission to act as a hearing board for cases involving the classification of a dog as dangerous by an Enforcement Services Officer. To provide for a more efficient way to handle such cases, staff is recommending utilizing the City's Special Magistrate to make a final determination in such cases. Major changes of note: • The Enforcement Services officer makes the initial determination classifying a dog as dangerous. The dog owner may request a final determination to be made by the Special Magistrate. The owner may appeal the decision of the Special Magistrate to the county court. • Florida Statutes require that a hearing for a final determination must be made no earlier than 5 days or later than 21 days from the time of the request by the dog owner. Therefore, a special meeting may be required to be called if the time frame is outside of the normally scheduled monthly Special Magistrate hearing. • The dog owner will be required to pay a deposit in the amount of $125.00 (one hours fee for the Special Magistrate) to request a final determination hearing, which will be refunded if the initial determination is overruled. If the owner is unsuccessful, the deposit is applied towards the fee charged by the Special Magistrate. If approved at first reading, the Ordinance will be scheduled for second and final reading on February 18, 2008. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Consideration of request for approval of Analysis of Impediments to Fair Housing Analysis for submittal to HUD. The City of Deltona receives federal funds through the Department of Housing and Urban Development (HUD) and is required to conduct an analysis to determine if any impediments exist that might prevent the nation's fair housing laws from being observed. This analysis will assist the City of Deltona in identifying the existence, nature, and causes of fair housing problems and the resources available to solve them. The development of the Fair Housing Plan and Analysis of Impediments to Fair Housing (referred to as AI) was conducted by the Shimberg Center for Affordable Housing at the University of Florida. The AI consists of seven sections that together present the current fair housing conditions, impediments, and solutions to impediments for the City of Deltona: I. Introduction and Executive Summary of Analysis
II. Community Profile and Background Data
III. Deltona Resident Survey of Fair Housing Findings
IV. Evaluation of Current Legal Status and Fair Housing Concerns
V. Analysis of Impediments to Fair Housing Choice
VI. Assessment of Current Fair Housing Programs and Activities
VII. Signature page showing the commitment of the City of Deltona to identify and address impediments to fair housing choice. The Shimberg study identified three potential impediments to fair housing options in the City of Deltona. • Impediment One: a lack of a variety of affordable housing stock for residents and the difficulty in creating new affordable housing, limits fair housing options within the City.
• Impediment Two: a need for non-housing and community development activities exists to enable fair housing and support or improve the quality of life for residents.
• Impediment Three: a lack of knowledge on fair housing on the part of residents, the community and business members involved in housing that may impede fair housing development. The three impediments to fair housing currently in existence in the City of Deltona will require significant time, resources, and cooperation to solve the challenging problems. City staff developed a summary matrix that presents the specific plan that the City of Deltona intends to follow to ensure mitigation of impediments to fair housing. The AI and summary matrix are due to HUD on or before February 15, 2008. B. Consideration of request for donation to the West Volusia Freedom Festival. Mayor Mulder has received a request for financial assistance from the City of Deltona toward the costs associated with the area-wide West Volusia Freedom Festival scheduled for July 4, 2008. In the past, the City did authorize a $2,000 contribution toward the cost of this regional festival. Since the City implemented and began hosting its own 4th of July celebration, the City has not contributed funds for the West Volusia Freedom Festival. The Freedom Festival is conducted at the Volusia County fairgrounds in Deland and the Cities of Deland, DeBary, Orange City, and Lake Helen as well as corporate sponsors provide the funding for this event. The City of Deltona has budgeted $25,000 for our 4th Annual Fireworks Extravaganza scheduled for July 4, 2008, at the Dewey O. Boster Sports Complex. The cost of the fireworks display is $20,000, the remaining $5,000 is used for expenses associated with this public event, i.e., rental of crowd control equipment, the services of a D.J. and any other amenities the City wishes to provide at this free event within the scope of the budget. C. Appointment of members to the City's Scholarship Selection Committee. In late 2007, the City Commission agreed to establish a Scholarship Program to provide financial assistance for college/university related expenses to outstanding Deltona students. The Scholarship Selection Committee will be responsible for reviewing applications from area students and recommending scholarship awards to the City Commission. This new Committee will include seven (7) voting members who shall be residents of the City and who will serve 3-year terms in a non-paid capacity as members of this Committee. The families of Committee members are not eligible to receive scholarships during the time their family member serves on this Committee. The City has run press releases, and posted the openings on the City's WebPage and bulletin boards. To date, the City has received applications from the following interested individuals: Rhonda L. Boertmann, Lori Burbank, Patti DeLaCruz, Dawn Drysdale, Peggy Fisher, Heidi Herzberg, Jason Jones, Mary Patterson, Bessie Robinson, Alice Russell, Beverly Spitz, and Cheryl Wareham. D. Consideration of appointment of a Deltona citizen member to the School Facility Planning Oversight Committee in accordance with Section 5 of the First Amendment to Interlocal Agreement for Public School Facility Planning. On August 6, 2007, the City Commission authorized the Mayor to execute the First Amendment to Interlocal Agreement for Public School Facility Planning. The First Amendment to Interlocal Agreement for Public School Facility Planning was approved by the School Board on May 22, 2007 and the County Council on May 24, 2007. It was reviewed by the various collective meetings of the Superintendent, County Manager, and City Managers. Input to this agreement was also provided at two VCOG Summits and with numerous technical comments from planners, city attorneys, the Homebuilders Association and the Department of Community Affairs. The requirements of the School Planning Charter Amendment took effect on September 30, 2007, and the school concurrency requirements of SB 360 take effect on February 1, 2008. The Interlocal Agreement is a required component of the Public School Facilities Element of the City's Comprehensive Plan which was submitted to the Department of Community Affairs with the proposed text amendment creating the Public School Facilities Element. Section 5 of the First Amendment to Interlocal Agreement for Public School Facility Planning requires that each City appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal agreement, including monitoring and evaluation of the school concurrency system. The oversight committee shall meet at least annually and report to participating local governments, school board and the general public on the effectiveness with which the interlocal agreement is being implemented. E. Consideration of Acting City Manager compensation. When the City Commission appointed the Acting City Manager on January 18th, the issues related to compensation and employee benefits during this transition period were not discussed. It is respectively requested that the Commission consider the approval of certain terms for the City Clerk while serving in the Acting City Manager capacity. It has been common practice to authorize a temporary increase in salary for an employee serving in an Acting employment role for an extended period of time. Range Riders, group of retired City managers who solicit applications for vacant City Manager positions and review said applications at the request of Florida cities, have stated that their members generally fill in on a temporary basis at the current City Manager's salary. Taking into consideration that I will be spending up to 40 additional hours per week as it is my intention to devote as much time as is necessary to expeditiously continue and complete the tasks of the City Manager and City Clerk offices, I would like the City Commission to consider approving the following terms: • Temporary salary increase equal to one-third of the past Manager's salary during the time served as Acting City Manager;
• Temporary waiver of accrual limitation placed on annual leave (maximum accrual of 400 hours - Personnel Policies, Section 9.2) during the time served as Acting City Manager;
• Monthly cell phone allowance of $75.00 (past City Manager received a $100.00 monthly allowance);
• Return to full-time City Clerk position upon appointment of a permanent City Manager. 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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