REGULAR CITY COMMISSION MEETING
MONDAY, MAY 5, 2008
6:30 P.M.
DELTONA COMMISSION CHAMBERS
2345 PROVIDENCE BLVD.
DELTONA, FLORIDA
AGENDA
1. CALL TO ORDER 2. ROLL CALL - CITY CLERK 3. SILENT INVOCATION AND PLEDGE TO THE FLAG:
4. APPROVAL OF MINUTES & AGENDA: A. Minutes:
Regular City Commission Meeting - April 21, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Education & Fitness After School Program - Mr. Mike Polite. B. Presentation - Certificate of Recognition - Brian Nadal. C. Proclamation - National Public Works Week - May 18 - 24, 2008. D. Proclamation - Emergency Medical Services Week - May 18 - 24, 2008.
E. Presentation re: St. Johns River-to-the-Sea Scenic Loop (SJRSSL) - County Council Member Pat Northey.
F. Presentation of Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2007 - Mr. Mark White, Purvis, Gray & Company. G. Presentation - Deltona Parks & Recreation Master Plan - Allison Crnic of Glatting, Jackson, Kercher, Anglin. 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 #0845, Providence Blvd. Median Landscape Project. Purchasing received five responses to Bid Number # 0845 - Providence Blvd. Median Landscape Project. This project was prepared by HHI design firm and it is to enhance the City's current landscape and irrigation for the medians on Providence Boulevard. Bids were received from the following companies.
• Florida Green $211,558.40
• Grandview Landscaping Services $199,850.29
• Vila and Son $184,922.00
• Dora Landscaping Company $177,500.00
• Garden World of Holiday, Inc. $146,597.64 The low bid was received from Garden World of Holiday, Inc. with a bid of $146,597.64 or 21% below the next lowest bid.
*B. Request for approval of purchase of engineering services related to Water & Sewer Distribution Improvements from Neel-Schaffer, Inc. Professional Engineering services are needed for Water and Sewer Distribution Improvements. The professional engineering services included in this scope of work consists of design, permitting, bidding and construction services for Water and Sewer Distribution Improvements for Hastings Drive, Elgrove Drive, Antilles Terrace, Wiltshire Avenue, Renton Street and Hampshire Avenue. Staff is requesting to use Neel-Schaffer, Inc. in accordance with the Continuing On-Call Civil Engineering Services Contract (RFQ # 0632) at a total cost not to exceed $127,001.00.
*C. Resolution No. 2008-16, Amending Resolution No. 2008-04, to provide for a change in the required membership of the Local Equity Study Commission. 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. On February 4, 2008, the Commission adopted Resolution No. 2008-06 which provided for the creation of the Equity Study Commission. With this Resolution the City of Deltona has a deadline of October 1, 2008 to comply with Florida Statute §205.0535 if the Commission wishes to retain control over future increases and decrease relating to local business taxes. Resolution No. 2008-06 provided for a membership of up to seven (7) members. The City has advertised the openings for over three (3) months and have obtained applications from four (4) individuals. It is recommended that the Commission consider establishing the Equity Study Commission with a minimum of three (3) members to meet the statutory deadline. The Equity Study Commission must be made up of an equitable distribution of various owners, operators or managers of businesses located within Deltona. The equity study process can be as simple as a one-time meeting or multiple meetings of the Equity Study Commission reviewing the current local business tax classification system and rate structure. The Equity Study Commission shall recommend to the Commission a classification system and rate structure for business taxes. After the classification and rate structure has been transmitted to and considered by the Commission, the Commission may adopt by a majority vote of the Commission a new business tax ordinance. After the conditions above are met, the City may every other year thereafter, increase or decrease by ordinance the rates of business taxes by up to 5 percent. An increase, however, may not be enacted by less than a majority plus one vote by the governing body. If the Commission does not establish an Equity Study Commission by the statutory deadline, the City will be unable to amend its business license rate structure at any time in the future. *D. RFQ #0841, Professional Consulting Services for Water, Wastewater & Reclaimed Water Rates and Charges Study.
Professional Consulting services are needed for a Water, Wastewater and Reclaimed Water Rates and Charges Study. This Study would allow for a review of the current rates and a determination of future rates. Staff received five responses to RFQ#0841. Burton and Associates was ranked the highest by the Selection Committee. Burton and Associates has submitted their proposal. Staff is requesting to use Burton and Associates at a total cost not to exceed $47,544.00. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 10-2008, Providing for an amendment to the Comprehensive Plan by changing the Future Land Use Map designation of 1.09 acre parcel from Volusia County Urban Low Intensity to City Commercial for property located at 860 North State Road 415, for second and final reading; Applicants: Eileen H. and Patrick J. Finney (Project No. CP07-002). This property was annexed into the City of Deltona on May 1, 2006, Ordinance No. 02-2006. It retained the Volusia County Land Use of Urban Low Intensity and the County Rural Residential zoning classification. On December 04, 2007, the City of Deltona received an application from owners/applicants Eileen H. and Patrick J. Finney requesting a small scale amendment to the Comprehensive Plan - Future Land Use Map. The requested change is from Volusia County Urban Low Intensity to Commercial. Located on the site is an existing single family residence. The future land use designation of the surrounding property, locally known as the Leahy amendment, was adopted by City Commission on October 16, 2006, thus changing the designation to Commercial. The Leahy future land use map amendment was certified by the Volusia Growth Management Commission with conditions, limiting the FAR to 0.23 and limiting the access connections to SR415. Also, the Department of Community Affairs issued the Notice of Intent for the Leahy amendment once the remedial text amendment was adopted by the City Commission. This amendment fills the void of the entire intersection of SR415 and Howland and it is intended that the parcel will ultimately be developed as a part of the larger adjacent property. The City Commission and County Council have been jointly planning the surrounding area known as Osteen. However, this property is not located within the Osteen JPA. Therefore, the Osteen JPA Map and Development Mix Table, approved by the City Commission on February 18, 2008 and the County Council on February 7, 2008 do not apply to this property. The existing land use designation of County Urban Low Intensity allows the following uses: • Transitional uses such as neighborhood convenience centers and individual office buildings with a FAR of 1.0 (The County's Future Land Use Element does not establish a maximum FAR, and previous amendments have been analyzed with a FAR of 1.0. The County is currently reviewing this issue during their EAR process)
• Residential density of 0.2-4 dwelling units per acre The proposed future land use designation of City Commercial would allow all neighborhood commercial uses by right. Due to the size of the property, the City's Future Land Use Element would limit development of the property to 35,000 square feet of non-residential land uses or 0.8 FAR (Neighborhood Commercial: Policy 2I, c, Deltona Future Land Use Element). Even though the proposed land use could be considered less intense than the existing classification, staff recommends that the FAR be capped at 0.23 to remain consistent with the adjacent property. The proposed amendment could reduce the potential impacts to level of service, if it is agreed that non-residential uses could be permitted on this property under the existing classification. However, to ere on the side of caution, the impacts to level of service are as follows, considering that the County would have allowed only single family residences: Transportation: Scenario Land Use Designation Max Allowed Intensity ITE Land Use Code Allowed Development Daily Trips
Adopted County Urban Low 4 d.u./acre 210 4 dwelling units 38
Proposed City Commercial FAR 0.23 820 10,920 sq ft 468
An increase of 430 daily trips, only if it is argued that neighborhood commercial would not be permitted at this location, albeit immediately adjacent to SR415. Currently, Deltona staff and FDOT staff have been drafting an Interlocal Agreement regarding impacts to SR415. If adopted by the City Commission and FDOT, then any future development of this site shall comply with said agreement. Regardless, SR415 from Doyle Road to Seminole County lane is currently constrained, and absent an executed Interlocal Agreement, future re-development of the site will require concurrency review in accordance with State statute and Deltona's Land Development Code before any development order is issued. SR415 has an annual average daily service volume level of service of 21,100 trips (FDOT Table 4-2, areas transitioning into urbanized areas, uninterrupted flow, 2 lanes undivided, LOS-D). The impacts of the proposed amendment equates to less than 2% of the total service volume for SR415, which is deemed deminimus, as defined by Florida Statute. Water: Scenario Land Use Designation Equivalent Residential Unit Allowed Development Gallons Per Day
Adopted County Urban Low 300 GPD 4 dwelling units 1,200 GPD
Proposed City Commercial Factor 1.5 per restroom 2 restrooms for 10,920 sq ft retail 900 GPD
A decrease of 300 Gallons Per Day for potable water service Waste Water: Scenario Land Use Designation Equivalent Residential Unit Allowed Development Gallons Per Day
Adopted County Urban Low 284 GPD 4 dwelling units 1,136 GPD
Proposed City Commercial Factor 1.5 per restroom 2 restrooms for 10,920 sq ft retail 852 GPD
A decrease of 284 Gallons Per Day for waste water service
There currently exists a 24 inch water line within one quarter mile of the amendment site. There currently exists a 12 inch sewer forcemain within one quarter mile of the amendment site. Deltona Water's waste water treatment facility has daily capacity of 1.4 MGD and operates at 950,000 GPD currently. The potable water facility currently operates at 63% capacity. Any future development proposal shall be required to connect to the City's central system. Deltona Water has the capacity to serve redevelopment of the site. Regardless, the proposed amendment decreases the potential demand for potable water and waste water services. Schools: The proposed amendment limits the land uses to non-residential uses. Therefore, the impacts to schools are reduced with the proposed amendment. Natural Resources: The property is not located within County's NRMA overlay, nor within Map A lands, nor within the 100 year flood plain. There are no known wetlands on site. The site is currently developed with a single family residential dwelling unit. The impacts to the natural environment have already occurred. The Planning and Zoning Board heard this ordinance at their regular scheduled meeting on March 19, 2008 and voted unanimously to forward Ordinance No. 10-2008 to the City Commission with a recommendation of approval with the conditions that the max floor area ratio is applied at 0.23, the original driveway accessing State Road 415 be eliminated, the site must be redeveloped as a Business Planned Unit Development (BPUD), also the redevelopment of the site will require connection to City water and sewer.
Staff Recommendation: Staff recommends approving the proposed Future Land Use Map amendment for the 1.09 acre parcel, changing the land use designation from County Urban Low Intensity to City Commercial because it is compatible with the adjacent land use designations. The residential dwelling unit that currently exists on the site will one day be surrounded by commercial uses. Therefore, it makes sense to change the land use designation to allow redevelopment of the site in the future. Staff recommends that the following conditions apply to the FLUM amendment: • A maximum FAR of 0.23 shall be annotated on the land use map
• Redevelopment of the site to non-residential land uses shall require that the existing driveway connection to SR415 be eliminated and primary access made through a cross access easement of the adjacent property to the signalized intersection on Howland Boulevard
• Redevelopment of the site shall require a rezoning to a Business Planned Unit Development (BPUD)
• Redevelopment of the site shall require connection to the City's water and
waste water system. The Ordinance was approved at first reading on April 21st, and is now scheduled for second and final reading. B. Public Hearing - Ordinance No. 12-2008, Abandoning a 60' right-of-way known as Connor Drive and accepting the dedication of a 20' drainage, maintenance and access easement to the City, for second and final reading; Application: Robert D. Green, Sr. (Project No. EZ08-001). On January 29, 2008 Robert D. Green, Sr., submitted an application for the abandonment of the right-of-way of Conner Drive, a 60 foot dead-end right-of-way off of Collingswood Drive, in Deltona Lakes Unit 32. Mr. Green owns both of the corner lots abutting Conner Drive and would like to close off the road and fence the rear property line to prevent cut through traffic and trespassing to the adjacent un-subdivided tract. The adjacent property is owned by the Cornerstone Church, which has been issued a Final Site Plan Development Order. The approved Cornerstone Church Final Site Plan shows no connection to this local street, as their primary access is from Lake Helen Osteen Road. The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area. The Department of Public Works has asked only that they be allowed access across the west end of Conner Drive to install a storm drain, should the need ever arise. The description of the roadway proposed for abandonment provides for a 20 foot drainage, maintenance and access easement to allow for this activity. On April 21, 2008 the City Commission voted unanimously to approve the abandonment of right-of-way with the staff condition at first reading. Commissioner Zischkau requested that a public notice announcement be mailed to the adjoining property owner to the west, Cornerstone Christian Church. Said notice was mailed by Planning and Development Services staff. No one from the public spoke for or against the ordinance. The Ordinance was approved at first reading on April 21st, and is now scheduled for second and final reading. C. Public Hearing - Ordinance No. 13-2008, Abandoning portions of two roads and a portion of an alley in an antiquated subdivision fronting State Road 415, for second and final reading; Applicants: Patrick J. & Eileen Finney (Project No. EZ08-002). On January 14, 2008, Patrick J. and Eileen Finney submitted an application for the abandonment of portions of two separate roads and a portion of a platted alley in an antiquated subdivision fronting on State Road 415. The subdivision was recorded on January 7, 1925 and the roads were never constructed. The remaining roads and alleys in this part of the subdivision, also never constructed, were abandoned by the City by Ordinance 04-2006. The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area.
On April 21, 2008, the City Commission unanimously voted to approve the abandonment of right-of-way at first reading and schedule second and final reading for May 5, 2008. Vice Mayor Carmolingo requested information regarding the application fees paid by the property owner. On February 8, 2008, the property owner Eileen Finney paid the $250 application fee by check. A copy of the paid receipt is available upon request. The Ordinance was approved at first reading on April 21st, and is now scheduled for second and final reading. D. Public Hearing - Ordinance No. 14-2008, Providing for an amendment to the text of the Comprehensive Plan Public School Facilities Element and Capital Improvements Element to satisfy the Department of Community Affairs non-compliance determination of Ordinance No. 18-2007, for second and final reading. The City Commission adopted Ordinance No. 18-2007 on February 4, 2008 creating the new Public School Facilities Element and amending the Capital Improvements Element, among other things. The Department of Community Affairs issued their Notice of Non-Compliance on March 27, 2008, which is attached. The notice requests specific remedies to find the amendment in compliance with Florida Statutes. These issues were previously negotiated between planning staff, Volusia County School Board staff, and the hired consultant, TMH Consulting, Inc. All of the previously adopted elements are being revised by the individual jurisdictions.
On April 21, 2008, the City Commission recommended approval of the remedial Ordinance No. 14-2008 by unanimous vote and to schedule second and final reading for May 5, 2008. E. Public Hearing - Ordinance No. 15-2008, Creating Section 2-156, Providing for a procedure to request a reduction or waiver of a Code Enforcement lien, for second and final reading. In accordance with Section 162.02, Florida Statutes, the intent of code enforcement boards with the "authority to impose fines and other noncriminal penalties [is] to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances." The City of Deltona echoes this intent in Section 2-52 of its Code of Ordinances. Compliance is not always achieved prior to the dates ordered by the code enforcement board/special magistrate and it becomes necessary to file a lien against the property on which the violation exists. Very often, when the violation is corrected and compliance is achieved property owners contact enforcement services staff to request a reduction or waiver of the lien. Sometimes there are extenuating circumstances that were not brought to light until the property owner requests the reduction or waiver. Liens run in favor of the City Commission and according to the Florida Attorney General Advisory Legal Opinion, AGO 2002-62, upon being recorded an Order Imposing Fine/Lien "becomes a lien that may only be compromised, satisfied or released by the local governing body." The City Commission has sole discretion with regard to approval or denial of all requests for reduction or release of liens. It is in the best interest of the City to have a process in place by which a property owner may request a reduction or waiver of the lien and criteria by which the code enforcement board/special magistrate shall make a recommendation to the City Commission. F. Public Hearing - Resolution No. 2008-07, Providing for a zoning variance request from Section 110-827.03(1)(e), which prohibits accessory structures from being located in any platted easement to permit a shed within a 20 foot drainage and utility easement. Location: 1282 Portillo Drive. Applicant: Sharon Allan. (Project No. VR08-001) The applicant/owner replaced an existing non-conforming shed with a 13 foot by 20.10 foot shed within a 20 foot platted utility easement without obtaining a building permit. Enforcement Services issued a Notice of Violation for constructing the shed without obtaining the required building permits. A survey submitted by the applicant dated August 9, 1983 shows a 12 foot by 14 foot shed along the rear property line. It is not known if the shed was legally permitted. A current survey submitted by the applicant dated September 13, 2007 shows a 20.10 foot by 13 foot shed in approximately the same location. Assuming the applicant obtained a valid building permit for the original shed, it would have been a non-conforming structure because accessory structures are not permitted within drainage utility easements. Section 110-600.03 states that a lawful structure existing on the effective date of the Zoning Code that could not thereafter be built in conformity with the current code may still be used. However, if it is damaged in excess of 75 percent of its replacement value, any reconstruction shall comply with the current code. Since the shed was replaced by a new shed, one can assume that 100 percent of the non-conforming shed was replaced and therefore must comply with the current code. The current code, Section 110-827.03(1)(e) states, "Accessory structures . . . shall not be located in any platted easements." The replacement shed is 3 feet from the property line which is within the platted easement. Therefore, the location of the replacement shed is in violation of the code. The applicant now seeks a variance. On February 20, 2008, the Planning and Zoning Board voted unanimously to forward the variance request to the City Commission with a recommendation of approval. Deborah Gray made a motion to recommend approval of the variance with the conditions that the applicant acquire all building and use permits and that in the event the building is encroaching into the City wetland buffer she will mitigate with the City. Herbert Christian seconded the motion. The motion passed with the board voting unanimously.
On March 17, 2008 the City Commission motioned to approve the variance request, but motion failed. Motion by Commissioner Denizac, seconded by Commissioner Zischkau to approve Variance Application VR08-001 with the staff recommended conditions. Motion failed with members voting as follows:
Commissioner Denizac For
Commissioner Deyette Against
Commissioner McFall-Conte For
Commissioner Treusch Against
Commissioner Zischkau For
Vice Mayor Carmolingo Against
Mayor Mulder Against
On March 26, 2008 Mrs. Sharon Allan submitted a letter to the City of Deltona requesting a rehearing. Also, on March 27, 2008 the applicant, Mrs. Sharon Allan, submitted a second request for rehearing via e-mail, appointed that she can provide additional information regarding the variance. On April 21, 2008, the City Commission approved the applicant's request for rehearing, and scheduled said rehearing for May 5, 2008. Staff Recommendation: Since the date of the Planning and Zoning Board staff report, the wetland delineation has been performed by the Department of Environmental Protection and it does not appear that the shed is located within the wetland or the 25' wetland buffer. Staff recommends approval of the variance because its approval would not be injurious to the harmony of the residential neighborhood, nor does staff consider the shed as a nuisance to be abated. Staff recommends the following conditions based on additional information received after the original staff report:
• The owner shall obtain a Use Permit for construction in the easement
• The owner shall obtain a Building Permit that includes a Site Plan indicating the wetland line delineated by the Department of Environmental Protection 9. OLD BUSINESS: A. Request for approval of Budget Amendment for FY 07/08 to record additional appropriation for purchase of vacant residence at 1049 Falcon Street (tabled on April 21, 2008). This transaction was originally approved by the Commission in the meeting of October 1, 2007. In an effort to prevent the loss of approximately $30,000 in SHIP funds, the property located at 1049 Falcon Street was purchased by the City of Deltona, through the City Attorney's Office, as part of a foreclosure prevention strategy. This transaction allowed for the recapture of approximately $30,000 in State Housing Initiative Partnership Program funds for deposit into the Affordable Housing Trust Fund. On October 1, 2007, when the purchase of this property was approved by the City Commission, former City Manager Steve Thompson advised that the funding source for this purchase was the "fund balance". This agenda item is to formalize the transfer of $158,300 from the fund balance to cover this expenditure.
This property is currently being evaluated and rehabilitated for resale by the Housing and Community Development Office for eligible very low income first time homebuyers. On April 21st, the Commission voted to table this item to allow staff to provide additional information regarding this request. In response to this directive, Lori Solitro, Housing & Community Development Manager, provides the following narrative: The acquisition of the property located at 1049 Falcon Drive was a foreclosure prevention strategy initiated by the City Attorney's office, in an effort to protect the City's Housing Trust Fund. SHIP funding is secured by a second mortgage and in the event the property owner sells, refinances or no longer occupy the home as their principal residence they are required to pay back the SHIP funds to allow the City to serve another income eligible household. In the event of a foreclosure, the City risks the loss of up to $50,000 in SHIP assisted housing under the first time homebuyer program. It is my understanding that in late 2007, the City Attorney's office was notified that the Falcon property was in foreclosure and elected to purchase the property to recapture $31,500 in SHIP funds. The intent of this action was to resell the property for the total cost of the acquisition; reimbursing the Housing Trust Fund and General Fund. This strategy is not an uncommon foreclosure prevention activity. Unfortunately, due to the decline in the housing market and excessive water damage to the interior of the home, the appraised value falls below the purchased price. Since the acquisition, the Community Development Office has performed an after construction appraisal and home inspection on the property. Currently, we are obtaining bids for repairs to the home. Once the bids have been evaluated, a firm recommendation on the property will be presented for the City Manager's review and direction. ADDITIONAL INFORMATION Listed below is the transaction break down, property value assessment and Summary Statement: Transaction:
Purchase Price $ 119,998.37
Settlement Cost $ 5,474.05
SHIP Funds $ 31,500
Property Tax: $ 1,320.35
Total Cost of Acquisition $158,292.77 Property Value Assessment:
November 2005 Assessed Value: $150,000
December 21, 2005 Purchase Price: $149,500
January 2008 Assessed "AS IS" Value: $ 91,000
January 2008 Assessed Value After Rehabilitation: $123,000 Due to the decline in the housing industry the subject property has fallen $27,300 in value over the past two years. Summary Statement: The estimated "AS IS" value is derived by taking the subject to value less the cost to rehabilitate/ renovate and an additional 10% for marketing and entrepreneurial incentive. Therefore, the suggested estimated cost of rehabilitation based on the assessed property value is $32,000 (staff is currently obtaining bids to verify this estimate). If the property is sold "AS IS", the City will take a loss of $67,292.77, plus all applicable closing costs. The Community Development office is researching options at this time to present to the City Commission regarding the possibility of rehabilitating the home with SHIP funds in order to sell the property at the estimated "after rehab" assessed value of $123,000, costing the City a loss of $35,292.77. B. Appointment of one (1) member to the City's Beautification Advisory Board (tabled on April 21, 2008). Mr. Kevin Davidson (appointed by Vice Mayor Carmolingo - District 6) to the City's Beautification Advisory Board has resigned from the Board effective February 23, 2008. The City has run a press release, and posted the opening on the City's WebPage, D-TV and City bulletin boards. To date, the City has received applications from the following interested individuals: Kimberly Bailes, David Llewellyn, Brian Alan Johnson, and Donald Philpitt. Please be advised that Mr. Philpitt has indicated the Economic Development Advisory Board as his first choice and the Beautification Advisory Board as his second choice. On April 21, 2008, Vice Mayor Carmolingo requested that this item be tabled until the May 5th Commission meeting. No additional applications have been received since that time. 10. NEW BUSINESS: A. Consideration of proposed Facility Naming Policy.
During a regular scheduled meeting of the City's Senior Advisory Sub-Committee, a member of that Committee Mr. Charles Norman, proposed that a "Facility, Building and Park Naming Policy" be considered. Since October 2007, the Advisory Sub-Committee members have worked through four (4) drafts of this policy to formulate the final draft, which was reviewed by the City Commission during the April 14, 2008 Workshop. Also presented during this April Workshop were the Naming Policies from Winter Park, Hernando County and Palm Beach County. Acting City Manager Faith Miller mentioned consideration of Florida Statute Section 267.062 providing for naming to be of "deceased" unless otherwise specifically provided by law. It should be noted that at the time of this work, we had been directed to formulate a policy that stated facilities could only be named after a deceased person. This point is significant as it is one of the most basic premises of any Facility Naming Policy. This effort, focused on: public parks, open space, buildings, structures, environmental areas and wetlands. Therefore, this policy does not deal with "Street Naming" or "Naming Rights" (a process whereby different parts of a whole are "sold" to individuals/corporations who plan to have their name(s) memorialized). Similarly, this policy does not deal with naming "parts of a whole", such as a room within a building or a picnic pavilion in a park. The proposed procedure to secure and recommend the naming or re-naming is as follows: The City Commission appointed body of volunteers - Parks and Recreation Advisory Committee - will review the Naming Applications and present the proposal to the City Commission for approval, after assuring all required backup documents are in order to consider the naming or re-naming. Essentially the process will include: 1.) Application is received by Parks & Recreation Director & reviewed for completeness.
2.) Parks & Recreation Advisory Committee reviews the application and provides the opportunity for the applicant and the public to comment at two public meetings.
3.) After all advertisement and public meeting timelines have been met, the Director presents the recommendation to the City Commission for approval. This is the third and final time that the public has the opportunity to comment on this item. Staff recommends that the City Commission consider such a policy as we now have numerous public resources which could be named giving significance to the historical, cultural and geographical location of our public parks, buildings and facilities. The benefits to this policy include: assuring public facilities are easily identified; names are consistent with the values and character of the City; and, dedications of public places can lead to encourage financial donations by individuals, groups and corporations. B. Appointment of one (1) member to the City's Economic Development Advisory Board. The term of Mr. Paul Jaynes (appointed by former Vice Mayor Harvey - District 4) on the City's Economic Development Advisory Board expires on May 21, 2008. Mr. Jaynes has indicated that he does wish to be re-appointed to this Board. The City has run a press release, and posted the opening on the City's WebPage, D-TV and City bulletin boards. To date, the City has received applications from the following interested individuals: Brian Alan Johnson, Donald Philpitt, Nicholas Sherman, Dennis Starke, Phillip Stephens, Harry Wilkins and Kenjo-Sayeed Zabulungi. C. Appointment of three (3) members to the Local Equity Study Commission.
The City Commission adopted Resolution No. 2008-06 on February 4th which established an Equity Study Commission to study and recommend to the City Commission a classification system and rate structure for business taxes. The City has run press releases, and posted the openings on the City's WebPage, D-TV and City bulletin boards. To date, the City has received applications from the following interested individuals: Jamie Jessup, Brian Alan Johnson, Wilkins Lopez, and Jeffrey L. Ritchey. It should be noted that Mr. Johnson does not own or manage a business physically located within the City of Deltona. Resolution No. 2008-06 requires that: "Members of the ESC shall during their term of service be representatives of the business community within the City". 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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