REGULAR CITY COMMISSION MEETING
MONDAY, MARCH 3, 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 - February 18, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
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
AGENDA: unless removed 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 Automatic Flushing Systems as a Sole Source purchase. The Flushing Stations are needed for the flushing of the system to keep chlorine residuals up to coincide with DEP Standards. These units are used to flush dead end lines and water lines located in cul-de-sacs. These units are the only known item that will meet the needs of the department and coincide with Deltona Water equipment standardization. The Flushing Stations are needed to maintain quality and efficiency of this system (as approved in FY 07-08 budget). The Hydro Guard Automatic Flushing System is a trademark of Environmental Enhancement & Technologies USA, Inc. and is the Sole Source manufacturer and provider of these Flushing Stations. To purchase these Automatic Flushing Systems, and as allowed in City policy, staff is recommending that the City purchase 15 each of the Sole Sourced product, at a cost of $2,666.50 each, from Environmental Enhancement & Technologies USA, Inc. *B. Request for Transfer Final Budget Amendments for Fiscal Year 2006-2007.
Budgetary Transfers Amendments: The Commission may transfer part or all of any unencumbered appropriated balance from one department, office or agency to another. (City Charter, Section (6)(3)(c)). Staff has determined the necessity of budgetary transfers between departments due to the Stetson University Survey Project relating to the Joint Planning Area (JPA) process, upgraded phone lines/services, salary study, office space for the sheriff's department and union contract increases in Fiscal Year 06/07. Source of Funds: Departmental transfer of unencumbered appropriations within the 2006-2007 fiscal year. This is a budgetary transfer between departments no additional appropriation is required. *C. Resolution No. 2008-10, Authorizing businesses along that portion of North Normandy Blvd. under construction to place directional signs along side streets within public rights-of-way to direct traffic to their businesses during the North Normandy Blvd. roadway construction. Shane Taylor, Maronda Homes, met with City Staff to discuss the North Normandy Boulevard road construction and its effect on his business. Mr. Taylor stated the Maronda Model Homes Center on North Normandy Boulevard is less accessible to the public as a result of intermittent lane closures caused by the construction. He asked if the Sign Code could be relaxed during the construction to permit off-site signs to direct traffic to the model homes.
*D. Authorizing the City Manager to execute the Memorandum of Understanding regarding next steps for the Activity Center DRI partners. On November 29, 2007 the DRI partners' representatives met to discuss the future of the Southwest Volusia Areawide Development of Regional Impact. A draft Memorandum of Understanding was circulated amongst the DRI partners' representatives for review and comment in December 2007. Changes were made and all partners agreed to the substance of the memorandum. Deltona took the lead in organizing the meeting and drafting the memorandum. Cost: $50,000 in transportation consulting fees. The entire SW Regional transportation study will cost $250,000 and take a year to complete. Each of the DRI partners' representatives agreed to contribute $50,000 to fund the study. The County will hold the fees collected in escrow and pay invoices to the consultant as they are received. Staff Recommendation: Staff recommends that the City Commission authorize the City Manager to execute the Memorandum of Understanding and forward the executed copy to the other DRI partners for their signature. Once the MOU is executed between the parties, Deltona will again take the lead and draft an Interlocal Agreement for the DRI partner's signature, and release the funds to Volusia County so that the SW Regional Transportation study may commence as soon as possible. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - 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 second and final 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. Staff Recommendation: Staff recommends the City Commission adopt Ordinance 05-2008, revising Section 14-3 of the Code of Ordinance allowing the keeping, maintaining or raising of venomous reptiles within the City limits, if a permit has been issued by the Florida Fish and Wildlife Conservation Commission. This Ordinance was approved at first reading on February 18th, and is now scheduled for second and final reading. B. Public Hearing - Resolution No. 2008-05, Authorizing the Transmittal of the draft Evaluation and Appraisal Report (EAR) of the Deltona Comprehensive Plan to the Department of Community Affairs (DCA) for review and comment. Section 163.3191, F.S. requires all local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years, assessing the progress in implementing the local government's comprehensive plan. The City incorporated on December 31, 1995, but the comprehensive plan wasn't adopted until 1999. Therefore, this is the first EAR to be completed by the City since incorporation. The EAR includes an assessment of the plan, while focusing on current Deltona issues. The EAR also provides a set of recommendations to modify the plan to better address the community issues and changing conditions as identified during "Destination Deltona" and the scoping meeting.
Staff Recommendation: The Deltona Comprehensive Plan contains ten elements which are:
Future Land Use Element
Transportation Element
Housing Element
Infrastructure Element
Conservation Element
Parks and Recreation Element
Intergovernmental Coordination Element
Capital Improvements Element
Urban Design Element
Public School Facilities Element (newly created)
Within each element are Goals, Objectives, and Policies that regulate the business of the City. The EAR assesses each goal, objective and policy to determine if it has been 1) implemented (as in completed, or if on-going, are they reflected in the land development code) and if they are 2) relevant based on current conditions or changes in the community vision. Also, the local jurisdiction may identify major community issues to be reviewed in the EAR. Again, the EAR assesses the goals, objectives, and policies to determine if they are helping or hindering the advancement of the major community issues. During the City Commission's visioning sessions, Destination Deltona community outreach, and the agency scoping meeting, four major issues were identified. They are: Issue #1: Need for a Neighborhood-Scale, Pedestrian-Friendly Multi-Modal Transportation System
Issue #2: Need for a Diversity of Land Use Categories
Issue #3: Assessment of Annexation and Existing Intergovernmental Coordination Strategies (assigned by DCA)
Issue #4: Springs and Groundwater Protection (assigned by DCA) The EAR, which must be adopted by June 2008, evaluates all of this information and prepares a plan for amendments based on the community needs. The state process allows the local jurisdiction to transmit a draft of the EAR for a courtesy review by DCA before adoption. DCA will comment, and the City Commission will then adopt, or adopt with changes. Within 18 months from adoption of the EAR, the City will draft what are known as EAR-Based Amendments, implementing the recommendations of the EAR. Therefore, this draft EAR is the first step in a 12-18 month long process. The Planning and Zoning Board at their regularly scheduled meeting held on February 20, 2008 voted unanimously to forward the draft Evaluation and Appraisal Report (EAR) to the City Commission for transmittal to the Department of Community Affairs for review and comment. No one from the public spoke for or against the draft EAR. The board members had general discussion regarding the EAR process and next steps. Staff encouraged board members to forward any comments on the draft EAR to staff for review and possible inclusion before adoption scheduled in June 2008. It was clarified that adoption of the EAR does not constitute any change in the existing Goals, Objectives, and Policies of the Comprehensive Plan. The recommendations of the EAR will ultimately result in EAR-based amendments requiring additional public hearings back before the Planning and Zoning Board. C. Ordinance No. 07-2008, Providing for a text amendment to original adopted Ordinance No. 08-2001, reinstating the Affordable Housing Advisory Committee: increasing membership, revising criteria and providing duties and reporting requirements; in accordance with House Bill 1375, for first reading. Through the adoption of Ordinance 08-2001 on May 7, 2001, the City of Deltona became eligible to receive funding from the Florida Housing Finance Corporation, State Housing Initiatives Partnership ("SHIP") Program. In July 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP funds to appoint an "Affordable Housing Advisory Committee" (AHAC). The SHIP Act and Rule requirement has been reinstated per SHIP statute (420.9076 F.S. and Rule 67-37.010) that in order to continue to qualify for funding, the local government must appoint an Affordable Housing Advisory Committee by resolution on or before June 30, 2008. Ordinance 07-2008 revisions include increasing the AHAC membership from 8 to 11 members and additional reporting requirements. The eleven (11) member committee shall include:
a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing.
b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing.
(c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing.
(e) One citizen who is actively engaged as a for-profit provider of affordable housing.
(f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with affordable housing.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174.
(i) One citizen who resides within the jurisdiction of the local governing body making the appointments.
(j) One citizen who represents employers within the jurisdiction.
(k) One citizen who represents essential services personnel, as defined in the local housing assistance plan.
Reporting Requirements: The AHAC committee shall evaluate and report to the City Commission on established policies, procedures, ordinances, land development regulations, and review the comprehensive plan; to include, recommended changes as established in Section 420.9076, F.A.C. by December 31, 2008. The City shall transmit an electronic copy of the report, which was presented to the City Commission for consideration, to Florida Housing Finance Corporation by May 2, 2009. Staff is requesting approval of the first reading of Ordinance 07-2008 and authorization for second and final reading to be held at the next City Commission meeting scheduled for March 17, 2008. Staff will request authorization to post committee member vacancies after the second and final reading and adoption of Ordinance 07-2008; and will recommend the committee participate as part of the "selection review process" for the Monetary Grant and Public Service (CDBG) Grant programs. Committee member applications will be presented to the City Commission for appointment by resolution on or before June 30, 2008. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Consideration of Appointment of a City Representative to the Volusia Council of Governments (VCOG). On December 12, 2005, the City Commission appointed Mayor Mulder as the City's Representative to the Volusia Council of Governments (VCOG). Mayor Mulder has advised that due to conflicting schedules he is unable to continue as the VCOG representative and has requested that the Commission consider the appointment of Vice Mayor Carmolingo as the City's representative. B. Appointment of three (3) members to the City's Planning & Zoning Board. The terms of Diane Miller (appointed by Commissioner Deyette), Herbert W. Christian (appointed by Vice Mayor Carmolingo), and Deborah Gray (appointed by former Commissioner Harvey) on the City's Planning & Zoning Board expire on March 15, 2008. Each of the individuals have indicated that they do wish to be considered for re-appointment to the Planning & Zoning Board. The City's Code provides that: "No board member shall serve on the board for more than two consecutive three year terms." None of the three Boardmembers have served two complete three year terms and are therefore eligible for re-appointment to the Planning & Zoning Board.
The City has run a press release, and posted the openings on D-TV, the City's WebPage and bulletin boards. To date, the City has received applications from the following interested individuals: Alicia Alonso-Welch, Stephen Cantwell, David Fontaine, Brian A. Johnson, Veronica Kenny, Shawn Knaub, Katrina Lacey, Leon Pike, Susan Smith, and Kenjo-Sayeed Zabulungi. C. Discussion re: Status of Public Safety Complex. At the February 6th Commission workshop, the Commission discussed issues related to the Public Safety Complex (PSC) in order to provide the Acting City Manager with an understanding of how the Commission wanted to proceed on this project. From that meeting, the following items were clarified:
• Commission identified the PSC as a top priority.
• PSC to include Fire administration, Fire Station #65, Law enforcement, City-wide EOC, and mobilization space or staging area for emergency vehicles.
• Commission asked staff to look at all options for property to locate the PSC and expeditiously move completion of the PSC forward. Staff advised that it would provide a status report on this project at the March 3rd Commission meeting.
Chief Godfrey has advised that the optimum location for the PSC is on Howland Blvd. near the intersection of Howland and Catalina Blvds. He has provided a scoring sheet of each of the six (6) identified sites. Mrs. Sherman has stated that all of the applicable property owners have advised that they are willing to negotiate, but would not provide a sales price at this time. City staff has met with Architects Design Group (ADG) who provided the original space analysis for the PSC in 2005. The space analysis has been revised to reflect the current direction of the City Commission and the projected construction cost of this project, not including the land, is $16,757,423 including a recommended minimum of 7-acres of property for the structures only. This space analysis and approximate cost has been available and it is assumed the Commission has been previously informed by the City Manager of this cost. The FY 07/08 budget as presented to the City Commission in September 2007 did not provide for fully funded capital or debt capacity to fund the construction of the PSC. This will provide a serious challenge for the City to obtain adequate debt capacity via the General Fund to proceed with this project on a cash only basis. Other opportunities for funding construction of the PSC and purchasing the property necessary have been explored and can be presented in the future. 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.
|
