REGULAR CITY COMMISSION MEETING
MONDAY, FEBRUARY 18, 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:

     1. Special City Commission Meeting - January 18, 2008.

     2. Regular City Commission Meeting - February 4, 2008.

     B. Additions or Deletions to Agenda.

5. PRESENTATIONS/AWARDS/REPORTS:

A. Presentation & Request for Approval of City of Deltona Community Strategic Plan - "Destination Deltona" - Bell David Planning Group.

On August 11, 2007 the City of Deltona set out to develop a community wide strategic plan. The City began the effort to bring residents, business owners, community leaders and other stakeholders together to create a shared vision for the future of the City and a strategic plan that would result in a viable future for the community. The strategic plan is called "Destination Deltona." The development of the strategic plan began with a Vision Forum that was implemented with the active support of the Mayor and the Commissioners. The strategic plan will be used by the Commission and the staff to guide the City's future.

After the initial Vision Forum, task forces were created that addressed three key issues: Economic Developments, Quality of Life, and Sense of Community/Placemaking. Each Task Force created a series of goals and objective that will guide the City in creating its "Vision for the Future."

The Commission, at the January 31st worksession, reviewed the final report presented by Bell David Planning Group. The final report contains details regarding the public participation process and presents a series of goals and objectives developed by each task force.

The next step will be to create, with the Commission, an implementation plan to go forward.

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. Award of Bid #0833, Portable SCADA Tower.

The Purchasing Department recently solicited Bid Number # 0833 - Portable SCADA Tower. The Portable SCADA Tower would enable operational continuity of the public drinking water supply in the event fixed a fixed tower is damaged by a man made or natural event. The tower is utilized to communicate operational information and control commands from the central control room to the actual water production facilities. Maintaining the public water supply is mandated by State law FAC 62-555, NFPA and Chapter 4A-60 The Florida Fire Prevention Code. Furthermore this acquisition is consistent with the City Comp plan as well as Chapter 86 of City Code. One bid was received from the following company.

• Aluma Tower Company, Inc. $49,575.00

The bid was solicited to 513 suppliers; only 28 suppliers of communication towers downloaded the bid packet. The only bid received was from Aluma Tower

Company, Inc. of Vero Beach, FL. Staff was in contact with the supplier before the bidding began and their prices were very competitive. This high precision equipment is extremely delicate and few vendors have the ability to manufacture and provide a portable communication tower.

*B. Request for approval for purchase of Low Bed Trailer - Public Works Department.

The Public Works department is seeking to purchase a Low Bed Trailer (as approved in FY 07-08 Budget) for the purpose of transporting the Front End Loader and various other pieces of equipment within the City's fleet.

To purchase this item, and as allowed in City/State policy, staff is recommending that the City piggyback Florida State Contract #760-001-08-1 which was solicited by the State of Florida. The State of Florida approved award and entered into a contract with Nortrax Equipment Company on October 12, 2007. Trailer cost: $33,686.08.

*C. Request for approval for purchase of Automatic Backwash Filter System - Public Works Department.

The existing filter system at the wastewater facility is an essential operating component in maintaining the processed wastewater within the permit levels for disposal. The existing filter and backwash pump is the original equipment and has been in service for 15 years. Replacement parts are needed to maintain quality and efficiency of this system (as approved in FY 07-08 budget). The Automatic Backwash Filter is a trademark of Infilco Degremont, Inc. and is the Sole Source manufacturer and provider of this filter and associated parts.

To purchase this filter and parts, and as allowed in City policy, staff is recommending that the City purchase the Sole Sourced filter and parts from Infilco Degremont, Inc. Cost: $31,163.39.

*D.Request for extension of agreement with Prince Contracting Company for the completion of Tom Hoffman Park.

The Commission approved award of an agreement with Prince Contracting Company on August 1, 2005 for design/build services for Tom Hoffman Park (Whipple Park) to include all materials, equipment and labor necessary to perform all of the work as described in the original RFQ# 0542

A Notice to Proceed was issued for this project, however the work had to stop until a permit was issued by St. John's River Water Management District. The permit was issued and Prince Contracting Company resumed construction of the park. The total amount open on their purchase order is $255,931.46. The project is to be funded through an ECHO Grant. The City Commission previously entered a new agreement on November 11, 2007 which extended the contract to February 28, 2008. The work at Hoffman Park will not be completed by this time and therefore an extension must be granted through March 15, 2008.

*E. Request for Approval of Budget Amendment to the New Equipment Fund for purchase of a street sweeper.

The purchase of a street sweeper was approved in the 2007-2008 budget in the amount of $140,000.

Staff has determined that the cost of the equipment is expected to be approximately $160,000. A budget amendment of $20,000 is requested for the increased costs.

*F. Request for Approval of Revisions to Flag Etiquette Policy.

The Fire Department would like to revise the existing City policy on flag etiquette to permit observance of fire service customs for honoring those who fall in Line of Duty Deaths. United States Code Title 36, chapter 10, §175(m) subparagraph 2, provides for displaying the United States flag at half-staff without Governor action when done "...in accordance with recognized customs or practices not inconsistent with law." The suggested revision to the existing City policy provides for two changes:

1. Providing for the United States flag to be displayed at half-staff from the date of death to the date of internment for any members of City staff who suffer a Line of Duty Death.
2. Providing for the United States flag to be displayed at half-staff from the date of death to the date of internment for any public safety officer (law enforcement, fire, etc.) Line of Duty Death within Volusia County.

*G. Resolution No. 2008-09, To Pursue Measure to Become a "Green Local Government" through improved Environmental Performance, using criteria and standards developed by the Florida Green Building Coalition.

The Florida League of Cities is requesting that Cities consider efforts to become "Green Local Governments" and to support the Florida Green Building Coalition's "Green Local Government Standard" as a voluntary means for municipalities to take positive steps toward improving and advancing environmental quality and energy security. The "Green Local Government Standard" focuses on improving municipal environmental performance through measurable criteria for
municipalities to pursue in order to promote alternative energies and a cleaner environment.

8. ORDINANCES AND PUBLIC HEARINGS:

A. Public Hearing - 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 second and final 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.

This Ordinance was approved at first reading on February 4th, and is now scheduled for second and final reading.

B. Public Hearing - Resolution No. 2008-01, Providing for a Zoning Variance from the minimum side street yard setback from 25' to 20' along Comerwood Drive; Property Address: 1395 Opal Court; Applicant: R & A Custom Builders (Project No. VR07-011).

The City of Deltona has received an application for a variance from the minimum required side street yard setback of 25 feet to 20.5 feet along Comerwood Drive. The application was submitted by R & A Custom Builders on behalf of owner, Francis J. Deavellar.

This single family residence is located on a corner lot facing a cul-de-sac. There is a 46.5 foot side yard. The large side yard on the interior side of the lot is somewhat unique to this site as the typical side yard setback in R-1 zoning districts is 8.0 feet.

The applicant is proposing an additional 224 square feet, 8 feet wide by 28 feet (the full depth of the house) to the existing 934 square feet under air single family residence. The proposed addition would include a door leading to the rear yard. According to a letter submitted by R & A Custom Builders, Mr. Deavellar would like to increase the size of his master bedroom by eight feet. He finds that it is difficult to maneuver within the room and fears for his safety if an emergency were to occur. The eight foot extension would include a door leading to the rear yard.

The proposed eight foot extension is the subject of the variance application.

According to the survey submitted, a six feet high wood fence extends 17 feet beyond the house into the side street yard.

On April 16, 2007, the City Commission adopted Ordinance 06-2007 which decreased rear and side yard setbacks for the R-1, R-1A, R-1AA and R-1AAA single family residential zoning districts. At that time, the Commission did not elect to decrease the side street yard setback.

Planning & Zoning Board: The Planning and Zoning Board held a public hearing regarding VR07-011 on January 16, 2008. Staff provided a report.

The applicant explained that the house in question is a small house. He said the owner is getting a little older and fears that in case of an emergency he will not be able to get out of his bedroom. The proposed eight foot addition would extend the size of the room making it easier to move around and would include a door to the rear yard. The owner cannot build to the rear because there is a pool and pool deck behind the room. The owner's only other option is to combine the two bedrooms and make it a one-bedroom home.

The Board noted that the applicant only met two of the criteria required for granting a variance.

Pursuant to a brief discussion, the Board moved to forward Resolution No. 2008-01 to the City Commission with a recommendation of denial because the applicant did not meet the requirement for granting a variance. The motion carried 4 to 0.

Staff Recommendation: Section 110-1003.03 states, "A variance may be granted only if the applicant meets all of the conditions listed in Section 110-1003.01."

The applicant has not met all the elements for granting a variance. Therefore, in accordance with Section 110-1003.03, a variance should not be granted.

In accordance with Section 110-1001, approval of a variance is accomplished when five or more members of the City Commission concur.

Staff recommends that the City Commission consider Variance Application VR07-011.

C. Public Hearing - Resolution No. 2007-46, Providing for a Zoning Variance from the current requirement of maximum surface area coverage of principal and accessory structures from 35% to 44% for Phases 4 and 5 of the Arbor Ridge Subdivision; Applicant: Meritage Homes (Project No. VR07-009).

The City of Deltona has received a variance request from Meritage Homes, Florida, requesting a subdivision-wide variance from the requirement that all single family residential zoning classifications limit the square footage of principle and accessory building be under 35 percent of the total lot area. The variance being requested is to allow up to 44 percent building coverage for all the lots in Arbor Ridge Unit 4 and Arbor Ridge Unit 5.

It's important to note that staff has dis-allowed Arbor Ridge Unit 5 from the application, as this subdivision is at the Preliminary Plat stage and has not yet been platted and recorded with the Clerk of Court. Staff is of the opinion that that a variance cannot be granted on lots that are not yet legal entities.

Arbor Ridge Unit 4 is recorded in Plat Book 53, Pages 39 through 41, Public Records of Volusia County, Florida. This subdivision contains 104 lots and is unique in Deltona in that it contains 45 lots that are considerably smaller than the typical 80 foot by 120 foot Deltona lot, being only 60 feet wide by 115 feet deep or 6,900 square feet.

The applicant has provided plot plans of five different lots of this size, showing a different potential building footprint on each. The percentage of lot coverage ranges from 34 percent to 41 percent, depending on the building size. The applicant is claiming a hardship, that being 4 of the 5 home styles being offered will not fit on the small lots and therefore exceed the maximum allowable 35 percent coverage and is subsequently being denied building permits. The previous primary builder in Arbor Ridge, Greater Homes, built homes on similar size lots in the Arbor Ridge subdivision without the need for such a variance.

Items for consideration:

1) There is a trend in single family residential development toward smaller lots and many municipalities are allowing a greater building area, in many instances up to 40 percent, to allow home construction on these smaller lots. Please see the attached "Comparison of Allowable Building Area by Zoning Classification" for Volusia and Seminole Counties. As you can see, Deland, Port Orange, New Smyrna Beach and Altamonte Springs are allowing 40 percent maximum building coverage on lots smaller than the typical Deltona lot.

2) On April 16, 2007, the Deltona City Commission adopted Ordinance 26-2006. The language of this Ordinance reduced the minimum building setbacks in all residential zoning districts.

3) With a slight change to the largest building footprint shown on the plans provided by the applicant the building footprint could be modified to meet a building area of 40 percent of the lot, which would be similar to some of our neighboring communities. The percentage difference between 35 percent and 40 percent is less than 15 percent.

Planning & Zoning Board: The Planning and Zoning Board held a public hearing regarding VR07-009 on January 16, 2008. Staff provided a report.

The applicant explained that Meritage Homes purchased Greater Homes and part of the purchase included the Arbor Ridge Subdivision. He advised that Meritage Homes had been offering a larger two-story home. The designers have designed five new market-driven models for sale. The new models are smaller one-story homes which require larger footprints than the two-story homes previously offered. He stated that only one model requires slightly more than the proposed maximum lot coverage of 40 percent and that model can be altered to meet the proposed 40 percent. The applicant had no objection to the staff recommendation that maximum area of the lot permitted to be covered by principal and accessory buildings shall not exceed 40 percent for Unit 4 of Arbor Ridge Subdivision.

Pursuant to a brief discussion, the Board moved to forward VR07-009 to the City Commission with a recommendation of approval, that the maximum allowable building area for principle and accessory structures be increased from 35 percent to 40 percent. The motion carried with a 4 to 0 vote.

Staff Recommendation: Staff recommends that the City Commission consider a variance for all of the lots in Arbor Ridge Unit 4, as recorded in Plat Book 53, Pages 39 through 41, to increase the maximum allowable building area for principle and accessory structures from 35 percent to 40 percent.

In accordance with Section 110-1001, approval of a variance is accomplished when five or more members of the City Commission concur.

D. Ordinance No. 05-2008, Revising Section 14-3, Prohibited Animals, of the City's Code of Ordinances, by allowing the keeping, maintaining or raising of venomous reptiles within the City limits, if a permit has been issued by the Florida Fish & Wildlife Conservation Commission, for first reading.

The City of Deltona Code of Ordinance currently prohibits the keeping, maintaining or raising of venomous reptiles within the City. The Florida State Constitution gives the Florida Fish and Wildlife Conservation Commission authority over all fish and wildlife, whether in the wild or in captivity. Local governments are not authorized to adopt ordinances relating to captive wildlife which conflict with the authority of the Florida Fish and Wildlife Conservation Commission. The Florida Statutes makes it unlawful for any person to possess wildlife unless a permit has been obtained from the Florida Fish and Wildlife Conservation Commission.

If approved at first reading, this Ordinance will be scheduled for second and final reading on March 3, 2008.

9. OLD BUSINESS:

A. Appointment of two (2) members to the City's Scholarship Selection Committee (Tabled on February 4, 2008).

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. On February 4th, five (5) of the Commission members selected their appointees to this Committee. These appointees included: Dawn Drysdale, Heidi Herzberg, Bessie Robinson, Alice Russell and Beverly Spitz. Commissioner Zischkau and Mayor Mulder asked to delay their appointments to this Committee to February 18th. The remaining individuals who submitted applications for consideration are: Rhonda L. Boertmann, Lori Burbank, Patti DeLaCruz, Peggy Fisher, Jason Jones, Mary Patterson, and Cheryl Wareham.

10. NEW BUSINESS:

A. Consideration of Joint Planning Area (JPA) Land Use Map and Development Mix Table.

Location: The Joint Planning Area (JPA) under consideration is generally located just north of intersection of Fort Smith Boulevard and SR415, on the east and west side of SR415 and south to the Cove Estates community. The JPA boundary map was approved by the City Commission and County Council at a joint meeting held in 2006.

Background: On August 30, 2007, the City Commission and County Council held their last scheduled joint meeting regarding the JPA. The elected officials directed City and County staff to revise the JPA map based upon discussions of this meeting and to finalize the assumed development mix table listing the intensities/densities for each land use category, as well as design standards. Since that time City and County staff have shared multiple written and verbal communications.

On December 12, 2007, County and City staff met to finalize the JPA proposed land use map and development mix table. Since August 2007, both County and City staff have been working diligently to address the issues expressed by the County Council and City Commission during their joint JPA workshop sessions. The following is a bulleted list of issues addressed by staff since the August 2007 meeting:

• Osteen Commercial Village (OCV) emphasizes commercial land uses with a supporting residential component
• Mixed Use Village Center (MVC) emphasizes residential land uses with supporting commercial component
• Cluster Residential (CR) has Map A lands over-laid which freezes the density yield potential to existing zoning thresholds
• Minimum and Maximum height restrictions in the OCV
• Architectural design requirements to regulate building separation and exterior façade treatments for buildings within the OCV
• Require cross access connections to limit curb cuts to SR415 in OCV and MUV
• Enhanced wetland and open water body buffers for adjacent commercial development in the MUV
• All wetlands, as identified by the National Wetland Inventory Map, have a density cap of one dwelling unit per ten (10) acres in accordance with the existing County Comprehensive Plan

On January 28, 2008, the City Commission held a workshop regarding the proposed land use map and development mix table. In general the City Commission appeared to agree with the proposed map and development mix table, although there was concern regarding the floor area ratio in the Tech Center category (too low). The City Commission directed staff to place the map and table on a City Commission agenda once the County Council accomplished same at their February 7, 2008 regularly scheduled meeting.

There was also discussion regarding the drafting of an Interlocal Agreement (ILA) to implement the map and table. Currently, County legal staff is drafting an ILA for city staff review. However, there was concern expressed by the City Commission that the ILA should be negotiated at joint meetings held between the Commission and Council.

Cost: Potential consultant fees to assist staff in drafting the Future Land Use amendment and subsequent Special Area Plan. Cost shall be jointly shared between the County and City. Estimated consulting fees may range between $25,000-$100,000. A detailed scope of services will be drafted if so directed by the elected officials.

Staff Recommendation: Objective B of the Deltona Future Land Use Element of the Comprehensive Plan requires that the City shall limit urban sprawl by directing urban growth to those areas inside designated service areas. The JPA is located within Deltona's urban service boundary and the most intense land uses are located adjacent to public infrastructure. Objective D, further requires that land use designations reflect the inherent capabilities and limitations of the natural features of the land. The design standards of the development mix table and ultimately the Special Area Plan and Amendment promotes smart growth policies and guidelines so that the appropriate type of development occurs within this gateway area to the City, while protecting the natural environment.

However, most relevant may be Objective G which requires that the City provide for adequate and appropriate lands for the location of all land use types to support the anticipated population and maximize compatibility with existing uses. The JPA attempts just this. While no development proposal of any significance is proposed or anticipated at this time, the JPA is an effort to plan for expected regional growth within the next 20 years.

Staff recommends that the City Commission approve the JPA Land Use Map and Development Mix Table as jointly drafted by staff because it furthers the goals and objectives of the City of Deltona in planning for future growth of the area.

B. Request for reduction of Code Enforcement fines on property located at 179 Citation Avenue (Rafael E. Colon Garcia).

An order Imposing Fine/Lien was entered on October 24, 2007, by the City of Deltona Special Magistrate, ordering Vivian and Rafael Colon to pay to the City of Deltona a fine in the amount of one hundred dollars ($100.00) per day beginning October 25, 2007, for each and every day the violations exist and continue to exist or until a maximum amount of $5,000.00 is reached. The violation occurred when the respondent failed to clean the debris and remove the inoperative vehicles from the property located at 179 Citation Avenue. The respondent failed to come into compliance for 36 days. The total accumulated amount due is $3,600.00 for each case for a total of $7,200.00. On January 23, 2008 the respondent appeared before the Special Magistrate to request a recommendation to reduce the fine.

C. Resolution No. 2008-06, Amending City Resolution No. 2006-58, by Revising the Commission's Operating Guidelines & Meeting Rules & Procedures.

The Florida League of Cities is requesting that Cities consider efforts to become "Green Local Governments" and to support the Florida Green Building Coalition's "Green Local Government Standard" as a voluntary means for municipalities to take positive steps toward improving and advancing environmental quality and energy security. The "Green Local Government Standard" focuses on improving municipal environmental performance through measurable criteria for municipalities to pursue in order to promote alternative energies and a cleaner environment.

D. Request for a re-hearing of an application to vacate and abandon a portion of right of way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050 located at 2082 Galveston Avenue.

The City of Deltona received an application from Gerald E Myers and Lannie B. Myers, Property Owners to vacate and abandon a portion of right of way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050. The property is located at 2082 Galveston Avenue and on a paper platted road, 10th Avenue.

The Director of Public Works reviewed the request and advised that Public Works cannot vacate the right-of-way at this time. AT&T, Bright House, Florida Public Utilities and Progress Energy have provided letters stating they do not object to the proposed alley abandonment.

On January 7, 2008, the City Commission held a public hearing regarding this matter and voted to deny the request.

Mr. Myers contacted the Director of Public Works and both parties reached an agreement that meets the needs of Mr. Myers and Public Works.

Section 110-1005 states, "If it is alleged that the city commission, as the case may be, has overlooked or misapprehended some facts or points of law, a rehearing of any decision of the may be granted by the commission either on the motion of any member voting on the prevailing side, or on the motion of any person aggrieved by its decision."

Mr. Myers alleges that he has been aggrieved by this decision and that the City Commission overlooked the possibility of his being able to reach an agreement that would satisfy his needs and the needs of the City of Deltona.

Mr. Myers agreed to grant an easement on the north or south side of the property in question in exchange for abandonment of the right-of-way as originally requested.

Mr. Myers said that based upon the agreement it is likely that City staff will now withdraw any objection to abandonment of said right-of-way.

Accordingly, Mr. Myers moved for a rehearing, stating that he has properly furnished copies of said motion to the Director of Planning and Development Services, the City Manager and the Mayor of the City of Deltona by hand delivery and requests that a time, date and place be set for another public hearing upon due public notice.

E. Appointment of five (5) members to the City's Charter Review Committee and Selection of a Facilitator for the Charter Review process.

In accordance with the Deltona City Charter, the City Commission directed staff to advertise for individuals interested in serving on a Charter Review Committee.

The City Charter defines the municipal powers, rights and privileges of the City of Deltona including form of government, powers and duties of the City Commission and City Manager, designated Charter officers, type of elections conducted, and identifies City boundaries. The Committee's work is expected to take approximately one (1) year, with Charter amendments to be placed on the ballot in the election of November, 2009.

The City has run press releases, placed paid advertisements in three (3) newspapers and posted the openings on the City's WebPage and bulletin boards. A total of 20 applicants have applied for consideration including: Anthony Bellizio, Gary Broadbent, Cleacy J. Casteel, Mary Chapman, Kevin Davidson, Edward R. Gable, Denise Gagnier, Dennis Craven, Zechariah Henry, Nikki Lewis, Ed Miller, Steven Narvaez, William Ottinger, Leslie Pearce, Donald Philpitt, David Riffle, Nancy Schleicher, Barbara Turno, Janet Solley, and Ramon Villanueva.

The language included in the City Charter related to Charter Review includes the following:
"(2) CHARTER REVIEW.
(a) The Charter shall be reviewed no sooner than 5 years after the creation of the City of Deltona on December 31, 1995, and thereafter at least every 10 years.

(b) A five-member Charter Review Committee shall be appointed and funded by the Deltona City Commission. The Charter Review Committee shall be appointed at least 1 year before the next scheduled general election and complete its work and present any recommendations for change no later than 60 days before the general election.
(c) The Deltona City Commission shall hold a minimum of two public hearings on the proposed changes to the Charter prior to placing the proposed changes on the scheduled general election ballot."
In addition, it is suggested that the Commission consider the selection of Marilyn Crotty, Florida Institute of Government, as the facilitator for this process. Ms. Crotty has submitted the attached Scope of Services at a fee of $4,000.

Given the information presented by Ann McFall, Volusia County Supervisor of Elections, at the February 11th workshop, the Commission may also want to consider the timing of this Committee's work and any potential Charter referendum questions to be placed on a future general municipal election in the fall of 2009 or 2010.

F. Consideration of Appointment of a Representative to the Volusia County Smart Growth Committee.

Former City Manager, Steve Thompson, served as the City of Deltona's representative to the Volusia County Smart Growth Committee. Commissioner Deyette has expressed an interest in serving as the City's representative to this Committee now that Mr. Thompson is no longer employed by the City of Deltona. Commissioner Deyette has been attending the Committee meetings and is familiar with this Committee's work.

G. Discussion and consideration of City Manager Selection Process.

The City Commission directed the Acting City Manager to prepare for the Commission's discussion a proposed process for the recruitment and hiring of a City Manager similar to the last City Manager selection process started in January 2006. At that time, the City Commission utilized a 7-member City Manager Selection Committee and an Executive Search firm - Colin Baenziger & Associates, Inc. to assist in the selection process.

The agreement signed with Colin Baenziger & Associates, provides the following: "CONSULTANT: Provide Guarantee that CB&A will repeat the process at no cost if the candidate leaves in the first year for any reason other than an act of God and for expenses only during the second year."

The 2006 selection process included:
• Appointment of seven (7) members to a City Manager Selection Committee prior to hiring the consultant;

• Issuance of RFP #0615 for an Executive Search firm and awarding RFP to Colin Baenziger & Associates;
• Selection Criteria and a Salary Range approved by the City Commission;
• Consultant prepared advertisements, Committee reviewed, and ads ran in:
o International City/County Management Association (ICMA);
o Florida League of Cities' Datagram;
o The National Forum of Black Public Administrators Newsletters; and
o Ken Small's City Manager bi-weekly publication.
• 30-day solicitation period for application submittal;
• Consultant meets with the Selection Committee to evaluate resumes and to narrow the field to half, but no more than 20 semi-finalists;
• Consultants completes its due diligence on the semi-finalists and forwards information to the Selection Committee;
• Selection Committee narrows the field to five finalists and forwards the nominations to the City Commission;
• Two-day interview process including tour of City facilities, meet and greet with City staff, and candidate reception open to the public;
• Interviews conducted on a one-on-one basis with each member of the City Commission and then public interviews before the full City Commission (Friday and Saturday);
• City Commission selects its top candidate for the position at a Special Commission Meeting (Monday) and Acting City Manager/City Attorney directed to negotiate terms of employment agreement;
• Proposed employment agreement presented to City Commission for final approval prior to Manager relocating to Deltona.

The City did pay for expenses associated with each candidate's travel to and from Deltona including two (2) nights lodging, airfare, mileage and meals.

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.