REGULAR CITY COMMISSION MEETING
MONDAY, APRIL 7, 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 - March 8, 2008. 2. Regular City Commission Meeting - March 17, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Mr. Joe Johnson, Florida Hospital. B. Proclamation - National Public Safety Telecommunicators Week - April 13 - 19, 2008. C. Proclamation - Call 811 Before You Dig Month - April 2008. D. Proclamation - Arbor Day - April 25, 2008.
E. Presentation - Colin Baenziger & Associates re: City Manager Selection Process. 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 Facility Use Agreement for Deltona Saturday Night Softball League, Inc. The Deltona Saturday Night Softball League (DSNSL) has had a two year relationship with the City. Nef Nazario and Don Black spearhead this competitive league of adult men. Mr. Ed Lasanta is also very involved as an umpire and league supporter. DSNSL is considered a Category I Deltona-based recreation program. While they govern themselves separately from other leagues, staff communicates regularly as to how to improve upon the games and activities sponsored by the League. DSNSL accesses the Dupont Ball Park ball fields on Saturday evenings from 6:30PM to 10:30PM. As a Category I facility user, the rate for field use is $15.00 per hour. As a long term facility user, they will save 20%. An example of a July 7 - November 17 season schedule is attached to reflect the revenues generated by this type of league.
Staff recommends a one (1) year Facility Use Agreement with this organization. *B. Request for approval to pursue Keep America Beautiful affiliation. 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.
*C.RFP #0839, Feasibility Study for Police Services. Staff put out a Request for Proposals seeking a consultant to provide an independent review of the police services now provided under contract with the Volusia County Sheriff's Department, with the following goals: • Evaluate the advantages and disadvantages of establishing a City police department in lieu of the existing service contract with Volusia County. • Evaluate present services and costs provided by contract to determine whether the City, through a City police department, can match the level of services at or below the present funding level including total costs, both capital and operating.
• Compare present law enforcement services and costs provided to Deltona with the level of service and cost provided to unincorporated Volusia County outside of special tax districts, and
• Evaluate the potential and cost to a phased increase in service, based on a comparison of services and costs in comparable Florida cities during transition period as necessary. Six firms submitted proposals in response to the RFP. American Homeland Security was found to be the firm most highly qualified to perform the required services. The goal is to have the study completed by June 30, 2008. Staff will begin working with the firm upon Commission approval to ensure timely completion of the report.
8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 03-2008, Providing for the voluntary annexation into the City of 5.84 acres of property located at 210 Howland Blvd., for second and final reading; Applicant: Church of Jesus Christ of Latter-Day Saints. The voluntary annexation application of Church of Jesus Christ of Latter-Day Saints was submitted on December 3, 2007. The property is located at the southeast corner of Tabb Drive and Howland Boulevard, has a County zoning RR (Rural Residential) with an underlying Future Land Use designation of Urban Low. The owner/developer submitted a Conceptual Site Plan to Volusia County on September 6, 2007, and the Final Site plan on October 16, 2007, to construct 12,987 square foot house of worship. On September 18, 2007, Deltona staff provided comments to Volusia County regarding the proposed development due to the subject property being an unincorporated enclave surrounded by the City of Deltona. The City of Deltona informed Volusia County that it was not City policy to provide water and sewer utilities to the site until the property fell under City of Deltona jurisdiction. As a result of that report, 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 will eliminate the existing enclave and will meets the requirements of Florida Statutes 171.044, because it is reasonably compact; 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. However, the applicant, Church of Jesus Christ of Latter-Day Saints, submitted a Conceptual Site Plan to the City of Deltona on December 12, 2007, and went to DRC on January 3, 2008. On March 17, 2008, the City Commission approved the ordinance at first reading by unanimous vote.
B. Public Hearing - Ordinance No. 01-2008, Providing for abandonment of a portion of a right-of-way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050 located at 2082 Galveston Avenue and on a paper platted road, 10th Avenue, for second and final reading. Applicants: Gerald and Lannie Myers (Project No. EZ07-007). 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 could not vacate the right-of-way. 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, based upon Public Works' objection, 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. Mr. Myers agreed to grant a 25 foot access, drainage and utility easement on the south side of the property in question from Galveston Avenue to Interstate 4. Public Works no longer objects to abandonment of the right-of-way as originally requested. Mr. Myers moved for a rehearing which the City Commission granted at its February 18, 2008 meeting. Accordingly, the request 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 is again before the City Commission. The Ordinance was approved at first reading on March 17, 2008, and is now scheduled for second and final reading.
C. Public Hearing - Providing for purchase of real property located at 1909 E. Anchor Drive; Owner: Alan Ray Lee. The City of Deltona is widening Normandy Boulevard from Saxon Boulevard to just north of Firwood Drive. Normandy Boulevard is an existing two-lane "rural section" roadway and is one of the primary north-south connector roadways in the City of Deltona. The reconstruction of Normandy Boulevard is intended to allow for better traffic flow through the neighborhood. The other purpose of this work is to improve storm drainage in the area. Several ponds in the area will be re-graded to improve their capacity. Certain properties are required for the successful completion of the Normandy Boulevard improvements. One of these properties, a vacant lot located at 1909 E. Anchor Drive, Deltona, owned by Allen Ray Lee, is the subject of a proposed Contract for Sale and Purchase in the amount of $60,000. The purchase price was negotiated by the former City Attorney and the former City Manager. The current City Attorney and Acting City Manager are honoring that agreement.
Should the City Commission approve the purchase of the subject property, a closing date of April 15, 2008 has been set.
D. 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 first 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. If approved at first reading, the Ordinance will be scheduled for second and final reading at April 21, 2008.
9. OLD BUSINESS: A. Consideration of request from Rafael Colon of 179 Citation Avenue, Deltona, Florida 32738 for reduction of fine from $7,200.00 assessed pursuant to Special Magistrate Case Nos. DEL 07-112 and DEL 07-113. 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. On February 18th, the City Commission denied a request for reduction of fine by Mr. Rafael Colon, but did provide that Mr. Colon could ask the City Commission to hear his request for reduction of fines again concerning Case Nos. DEL-07-112 and DEL-07-113 for the property located at 179 Citation Avenue. Mr. Colon was not in attendance at the February 18th meeting. On March 3, 2008, Commissioner Zischkau asked that this item be placed on the March 17th agenda as a request to establish a rehearing date to consider reduction of fines to $2,000 without prejudice. On March 17th, the Commission granted the rehearing and scheduled it for April 7th. 10. NEW BUSINESS: A. Consideration of request from Eduardo and Leonie Feliciano of 1920 North Nemo Drive for a reduction of fine from $2,800 assessed pursuant to Code Enforcement Board Case No. DEL-07-212. An order Imposing Fine/Lien was entered on December 28, 2007, by the City of Deltona Special Magistrate, ordering Eduardo and Leonie Feliciano to pay to the City of Deltona a fine in the amount of one hundred dollars ($100.00) per day beginning December 28, 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 obtain a permit for a shed located on the property at 1920 North Nemo Drive. The respondent failed to come into compliance for 28 days. The total accumulated amount due is $2,800.00. On February 27, 2008, the respondent appeared before the Special Magistrate to request a recommendation to reduce the fine.
B. Resolution No. 2008-13, Amending the adopted General Fund Budget for the Fiscal Year beginning October 1, 2007 and ending September 30, 2008. In accordance with the City Charter, the Acting City Manager informed the City Commission that General Fund revenues in fiscal year 2007-2008 were likely to be insufficient to meet appropriated expenditures. The details were presented to the Commission in workshop meetings on February 25, 2008 and March 26, 2008 in which the Acting City Manager ultimately recommended a reduction of $2,037,400 in current year appropriations. The Commission directed staff to formalize an amendment to the General Fund budget for FY 07/08. In addition, the Commission has discussed the possibility of entering into an agreement with a professional firm to conduct an efficiency study in conjunction with the preparation of the FY 08/09 Annual Budget. C. Discussion re: Staff Report of Results of Public Budget Forum. In a continued effort to involve more of the public in the development of the City's budget, the City conducted Public Budget Forums on Friday, March 20th and Tuesday, March 25th, to allow residents an opportunity to comment and provide input on the needs of the City during the upcoming budget year. The Forum was advertised extensively through paid display ads in the News Journal and Orlando Sentinel, the City's WebPage, Channel 199, Channel 13 news brief, entrance signs, and press releases. A total of approximately 10 residents participated. The residents were divided into two tables, and each table developed a list of the top five priorities that they would like to see addressed in the upcoming budget.
Based on the comments provided the following priorities were identified, with the number of teams selecting each identified within parenthesis (): • City to provided assistance for social services. (2)
• Religious agencies/interfaith alliance projects (1)
• More cooperation between commissioners. Do not like to hear negativity in news instead of positive. (1)
• Public Safety/Police Department - more fire stations needed. (2)
• Construction of Public Safety Complex (2)
• City Police Department (2)
• Grant Writer (2)
• Interested in more inter-city infrastructure - sidewalks and maintenance of existing inner City conditions. (1)
• More commercial development. Interested in a mall. (1)
• Assistance for small businesses. (1)
• More public transportation. (1)
• Recreational activities and developments of park land. (1)
• Expanded activities for youth. (1)
• Purchase Thornby property (1)
These items are presented for Commission discussion and inclusion in the upcoming budget process for FY 08/09. D. Appointment of members to the City Manager Selection Committee. In February 2008, the Commission indicated that the City Manager selection process would be conducted in a similar format to the process utilized in 2006. This process includes the appointment of a seven-member citizen's advisory committee. The Selection Committee will be working in conjunction with the City's consulting firm, Colin Baenziger & Associates, in order to screen and ultimately recommended candidates for the City Commission's consideration for the City Manager position. The City has run press releases, and posted the openings for the City Manager's Selection Committee on the City's WebPage, D-TV and bulletin boards. To date, the City has received applications from the following interested individuals: John Estes, Laurie Gerker, Mario Grasso, Patricia Jones, Veronica Kenny, Michael Kiepert, Maureen Long, Neil David MacGinnis, Ed Miller, Richard Riga, David Santiago and William Tavernier. 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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