REGULAR CITY COMMISSION MEETING
MONDAY, JUNE 16, 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 - June 2, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation of 2008 Scholarship Awards. 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 Budget Amendment for the City's budgeting of grant revenue and appropriation for the carryover of Park Project Funds. In fiscal years 2005 through 2007 the City appropriated funds to assist in the construction of Campbell Park, Tom Hoffman Park, and Lake Monroe Boat Launch. These projects are either completed or near completion. The original appropriation of project funds was not carried forward into either FY 06/07 or FY 07/08. In addition, the Campbell Park project experienced a cost over-run in FYE 07/08 of $187,054 and needs an appropriation of funds to balance the CIP-Park Projects Fund.
*B. Request for Budget Amendment of $9,600 for the City's donation to the Council on Aging. On September 4, 2007, the Commission voted to fund the request of the Council on Aging for $16,000. Funds for the request were to be distributed from the General Fund-Commission line item of Aid to Private Organizations. The FY 07/08 current budget was able to absorb $6,400 of the original $16,000 request from the Council. In order to align the budget with approved expenses, a budget amendment of $9,600 is required.
*C. Request for approval to purchase six (6) Baldor generators - Deltona Water. The Deltona Water Department currently has over 40 lift stations which are utilized to transport raw sewage to the treatment facility. During periods of power interruptions, emergency generators are utilized to maintain operational continuity. This reduces the environmental and public health hazards when untreated sewer is introduced into the environment.
The Water Department is seeking to purchase six (6) generators. Baldor items #TS35T (5 each) / #TS130T (1 each). Five of the generators will be used at lift stations located at Pine Ridge High School, Sunrise Elementary, Waycross, Fountain Head and Elementary "Y". The remaining unit will be used on other lift stations throughout the City. To purchase these items, and as allowed in City/State policy, staff is recommending that the City piggyback its own bid # 0728, which was solicited by the City of Deltona. The Deltona City Commission approved award to Standby Solutions on June 18, 2007. As per the bid documents, bid pricing on the generators shall remain open for one year from the date of purchase.
*D. Request to advertise Draft FYY 2008 Community Development Block Grant (CDBG), 2nd 5-Year Consolidated Plan and One Year Action Plan - Notice of 30 Day Public Comment Period. The City of Deltona has been a Community Development Block Grant (CDBG) entitlement city for (8) eight years. During the first three years, Volusia County administered the City's CDBG program. In taking over the program, starting in fiscal year 2003-2004, the City Commission approved the first 5-Year Consolidated Plan, Public Participation Plan, Strategic Plan and Annual Action Plan on August 4, 2003. The U.S. Department of Housing and Urban Development requires the City to submit their 2nd 5-Year Consolidated Plan including a Public Participation Plan, Strategic Plan and Action Plan in accordance with Federal requirements to content and format. The Annual One Year Action Plan must coincide with the goals, objectives, needs, and priorities identified in the 2008-2012 proposed 5-Year Consolidated Plan, and must be submitted to the U.S. Department of Housing and Urban Development (HUD) no later than August 15, 2008. The new 5 year Consolidated Plan must be approved by the Commission's adopted CDBG Citizens Participation Plan which requires a 30-day comment period for the public's review and comment on the proposed Annual One Year Action Plan activities, and the development and submission of the Annual One Year Action Plan. The 2008 CDBG Annual Action Plan and 2nd 5 Year-Consolidated Plan for FY 2008-2012 will be made available for a 30-day comment period as required by HUD regulations. At the end of the 30-day comment period, revisions may be made as a result of any comments. The 2008 Action Plan and 2008-2012 5-Year Consolidated Plan cannot be finalized and adopted prior to the expiration of the required 30-day public comment period. Adoption will occur following a required public hearing by the City Commission. The 2008 CDBG One Year Action Plan includes:
1. Descriptions of the projects to be undertaken;
2. Homeless and Other Special Needs Activities;
3. Other actions to address the needs of the Community;
4. The City's plan to effectively manage and monitor activities;
5. Citizens Participation documentation, and
6. Required Certifications The allocation for Federal Fiscal Year 2008/2009 is $499,088; activities for the proposed 2008 CDBG Action Plan are as follows. HOUSING ACTIVITIES
Rehabilitation: Single Unit Residential $35,000
Clearance & Demolition $40,000
Acquisition/Rehabilitation $20,000
NON-HOUSING
Water/Sewer Improvements
Doyle/Bethel Pond $200,000
Public Services
Senior Services
Council On Aging $16,000
Mental Health Services
Our Children First $11,000
Handicapped Services
United Cerebral Palsy $10,000
Association For Retarded Citizens $27,500
Substance Abuse Services
Community Outreach Services $10,000
Public Facilities & Open Space Improvements $40,000
Landscaping/Tree Planting
Designated Low Income Target Areas $10,000
Economic Development $10,000 ADMINISTRATIVE COSTS $69,588 FY 2008 Total Annual Allocation $499,088 The major allocation of CDBG funds in the proposed Action Plan is for non-housing activities in the amount of $334,500 for water/sewer improvements, public facilities and open space improvements, landscaping/tree planting improvement within or bordering HUD designated CDBG target. Remaining funds have been allocated to Housing Rehabilitation, Clearance/Demolition, Public Services, Economic Development and General Program Administration. These proposed allocations are in accordance with the 2008-2012 proposed 5-Year Consolidated Plan. Final approval of the 2008-2012 Community Development Block Grant 5-Year Consolidated Plan, Public Participation Plan, Strategic Plan and Annual Action Plan for FY 2008-2009 submission to HUD will be considered at the August 4, 2008 City Commission meeting.
*E. Request for approval of City's donation of $5,000 each to Summer Recreation Program Partners. On February 11, 2008, the Commission's workshop included a discussion of the proposed Summer Recreation Program. This discussion was very brief as it was recommended that additional discussion be scheduled after the February 25th workshop regarding budget issues facing the City. One component of the brief discussion was that our Parks & Recreation Department should continue to pursue partnerships with private organizations to provide summer recreation opportunities for our youth. Subsequent to this meeting, staff began to pursue cooperative partnerships to provide summer recreation opportunities for young residents. In the past it has cost the City approximately $150,000 - $165.000 to run our summer recreation program. In 2007, the City increased its weekly rate per child to $50.00 from $48.00 with the hope to cover expenditures so that the program would break even. The City had expenses in excess of fees (revenues) generated by this program in 2007. In addition, this year in order for the City to run its program out of Deltona Middle School, the City would have been required to pay $18,720 for use of the school Mondays through Thursdays only. As a result, the City's summer recreation program is being run out of the Harris Saxon Community Center. The result of staff's efforts to partner with other organizations was outlined in the memo provided to the Commission on April 24, 2008. Subsequent to this report, additional changes were made due to the costs associated with the very limited use of the school sites with the result being three (3) sites: YMCA Teen Program hosted at Harris Saxon Community Center; DTA Program hosted at Wes Crile Park; and the City Program hosted at Harris Saxon Community Center (no field trips included in City program due to the costs associated with transportation). As part of the partnership to provide summer recreation services for our young residents, staff feels that it is in the City's best interests to contribute $5,000 each to the YMCA and Deltona Tennis Association (DTA), as a donation to help subsidize free and reduced summer recreation fees. In doing so the City saves approximately $90,000 by limiting the City's program to one (1) facility.
*F. Request for support of WAV Resolution 2008- , Enumerating concerns regarding the St. Johns River Water Management District proposed revision to Rule 40C-2.042 Regulating the Use of Water for lawn and landscape irrigation. Vice Mayor Carmolingo has advised that the Water Authority of Volusia (WAV) has expressed concerns regarding the St. Johns River Water Management District's proposed revision to Rules 40C-2.042 regulating the use of water for lawn and landscape irrigation. The WAV Executive Director has drafted a Resolution enumerating the members' concerns regarding the new rules and lack of funding to enforce the existing rules. Vice Mayor Carmolingo has asked that the Commission support this Resolution and authorize his signature on the WAV Resolution as the City of Deltona's representative to WAV. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 17-2008, Amending Article II, "Subdivision Regulations", of Chapter 106, "Subdivisions" of the Deltona Code of Ordinances, by Creating Section 106-32, "Vacation of Platted Subdivisions", for second and final reading. The City has received requests that portions of recorded subdivisions be vacated and returned to acreage. The City has not adopted a procedure for the vacation of recorded subdivisions. Authority to vacate subdivisions is derived from Section 177.01, Florida Statutes. The City may adopt resolutions vacating plats either in whole or in part of subdivisions. The person making the application for vacation must own the fee simple title to the property and show that the vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.
B. Ordinance No. 23-2008, Providing for an amendment to Chapter 54, "Special Assessments", revising Article to allow general assessments within the incorporated City limits, for first reading. In July 2007, the City Commission approved the professional consultant services contract with Government Services Group, Inc. (GSG) for Special Assessment Program Management. It is the intent of the contract to research and develop Special Assessment Districts (SAD) for designated areas with redevelopment potential and as a mechanism to fund infrastructure improvements that would benefit those areas. Originally there were five districts that were under review: Deltona Boulevard, Saxon Boulevard, Howland Boulevard North and South, and the Activity Center DRI. Due to the mid-year 07/08 budget cuts the SAD research was suspended and ultimately the scope was narrowed to the Activity Center DRI only. On May 21, 2008, the City Commission held a public workshop regarding the DRI. Among other things, establishing a Special Assessment District (SAD) for funding infrastructure improvements within the Deltona portion of the SW Volusia Activity Center DRI was discussed. The City Commission considered staff's "Phase 1" proposal and authorized scheduling of the assessment ordinance and resolution for June 16, 2008, July 7, 2008, and August 4, 2008, respectively. Ordinance No. 23-2008 simply establishes the procedures for implementing a special assessment within the City. Chapter 54, Special Assessments, Deltona Code of Ordinances already exists. However, the text is specific to the actual assessments already established, such as Stormwater, Solid Waste and Streetlighting Assessments, and does not provide for a general assessment on property within the City. At the second and final reading of Ordinance No. 23-2008, or no later than August 4, 2008 there will be a companion resolution that will detail the specifics of the DRI SAD. In summary, by approving Ordinance No. 23-2008 at first reading, the City Commission is simply amending the text of Chapter 54, Deltona Code of Ordinances to allow establishment of a SAD as a municipal power. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008.
C. Ordinance No. 18-2008, Providing for the abandonment of a certain portion of a 60' right-of-way known as Linwood Court, for first reading. On May 5, 2008, Donna Ambacher Helmling, Trustee, on behalf of the Trust, submitted an application for the abandonment of a portion of the right-of-way of Linwood Court, a 60 foot dead-end cul-de-sac off of Ft. Smith Boulevard. The applicant has provided as justification for this action the fact that a portion of the existing pavement of Linwood Court encroaches into the applicant property. As a component of this application the property owner is offering to convey to the City a piece of property adjacent to Linwood Court to be used for right-of-way purposes. 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 applicant has also paid the required application fee of $250.00. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008. D. Ordinance No. 25-2008, Revising Part 1, "Charter of the City of Deltona" by amending Subsection (3), "Qualifying for Office" and Subsection (4), "Schedule for Regular Elections and Primaries" of Section 8, "Election", for first reading. Municipal elections within the City of Deltona shall be conducted as provided by special act. Chapter 95-462, Laws of Florida, as amended, the "Volusia County Uniform Election Day Act", provides uniform filing and election dates for municipal elections that are applicable to all municipalities within Volusia County. The Act was amended in 1998 to change the uniform election dates and qualification dates within the County of Volusia. The 1998 amendment requires that for cities running elections every other year - ODD - number years, as is the case of the City of Deltona, the elections should be as follows: First Election: Would be 28 days (4 weeks) prior to the first Tuesday after the first Monday in November. This will assure that the election falls in the month of October. Second Election: The first Tuesday after the first Monday in November. Section 7 of the Act specifically provides that the governing body of a municipality may, by ordinance and without referendum, exempt itself from the provisions of the act. If the City Commission wants to make changes in the qualifying and election dates in the City of Deltona to even years, it is necessary that the City Commission adopt an ordinance exempting itself from the provisions of the Volusia County Uniform Election Day Act. This action will result in thousands of dollars in savings and a greater voter turn-out for each election. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008. E. Ordinance No. 27-2008, Amending the qualifying period in Chapter 30 "Elections" of the Deltona Code of Ordinances to make it consistent with the election dates provided in the Charter for the City of Deltona, for first reading. Section 100.3605 (2), Florida Statutes (2007) provides that the governing body of a municipality may, by ordinance, change the dates for the qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. The City Commission has determined that voter turnout and participation in municipal elections increase in years in which countywide general election are held pursuant to Section 100.031, Florida Statutes. For that purpose the City Commission adjusted the dates and times of its City Commission elections to coincide with general elections occurring in even-numbered years. Chapter 30, "Elections" of the Code of Ordinances of the City of Deltona has to be amended to eliminate the conflict created by the change in the elections date and the dates of the qualifying period for City election. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008. F. Ordinance No. 24-2008, Amending Chapter 48, "Sexual Offenders and Predators" of the City's Code of Ordinances, for first reading. On May 15, 2006, the City Commission adopted Ordinance 11-2006, which prohibits restricted sexual offenders and sexual predators from establishing a residence within 2,500 feet of specified locations. The City Commission amended the Ordinance on September 6, 2006, via Ordinance 24-2006, to include the omitted clause relating to maintaining a residence. The City desires to further amend the Ordinance to provide for exceptions, to remove the bus stop restriction, and to remove the penalty involving incarceration which has become an issue with the courts when prosecuting violations of the ordinance. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008.
G. Ordinance No. 20-2008, Providing for procedures for the disposal of municipal surplus real property, for first reading. The City of Deltona desires an ordinance establishing a procedure for dealing with municipal surplus real property. The State Legislature has left the municipalities to their own discretion to determine the terms, methods and conditions to employ in the disposal of such real property. If approved at first reading, the Ordinance will be scheduled at second and final reading on July 7, 2008. H. Public Hearing - Providing for purchase of a portion of vacant land (770 square feet) located at 2290 N. Normandy Blvd., Owner: New Mortgage Solutions, LLC. 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. A partial take of 770 square feet of one of these properties, located at 2290 N. Normandy Boulevard, Deltona, owned by New Mortgage Solutions, LLC, is the subject of an executed Contract for Sale and Purchase in the amount of $4,200.00. 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. The Contract for Sale and Purchase has been executed by the Acting City Manager, conditioned on approval and acceptance by the City Commission.
Should the City Commission approve the purchase of 770 square of the subject property, a closing date of June 27, 2008 has been set. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Resolution No. 2008-25, Appointment of Members to the Affordable Housing Advisory Committee & Approval of Committee By-Laws. Through the adoption of Ordinance No. 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 No. 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. To date the City has received 15 applications from the following individuals interested in serving on this Committee: Applicant's Name Occupation
Gray, Deborah Planner
Hayes, Janice Support Coordinator
MacDonald, Robert Pastor
Rivers, Robert Mortgage Lender
Rowland, Richard President/ Habitat for Humanity
Sipe, Edward Senior Partner/ Architect & Design Firm
Steele, James Pastor
Stephens, Carl Center Store Manager
Turgeon, Caroline Planner
Valderrama, Mylene Housing Counselor
Villanueva, Ramon Chief Underwriter
Westbrook, Stephen General Contractor
White, Cheri Affordable Housing Specialist
Wilkins, Harry Retired/ Social Work
Williams, Mike Real Estate Agent The following are staff recommendations for appointment to the AHAC and alternates based on the applicant's background and experience as it relates to industry specific criteria: Proposed Staff Recommendations:
a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing: Richard Rowland, no additional applicants meet the industry criteria.
b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing: Robert MacDonald, Ramon Villanueva, Cheri Wight.
[Staff recommends Cheri Wight for her tenure administering the SHIP program and experience on Seminole County and Deltona SHIP Advisory Boards.]
(c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing: Steve Westbrook - no additional applications available to meet industry criteria.
(d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing: Robert MacDonald, James Steele, Harry Wilkins.
[Staff recommends James Steele for work experience placing families in need of affordable housing.]
(e) One citizen who is actively engaged as a for-profit provider of affordable housing. Robert MacDonald, Ramon Villanueva, Cheri Wight
[Staff recommends Ramon Villanueva for his experience in underwriting loans for affordable housing.]
(f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. Mylene Valderrama, no additional applicants available to meet industry criteria.
(g) One citizen who is actively engaged as a real estate professional in connection with affordable housing: Mike Williams - no additional applications submitted match this industry criteria.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174: Caroline Turgeon - no additional applications available to meet industry criteria.
(i) One citizen who resides within the jurisdiction of the local governing body making the appointments. Robert MacDonald, Ed Sipe, James Steele, Ramon Villanueva, Cheri Wight, Harry Wilkins.
[Staff recommends either Robert MacDonald for his experience in lending practices for affordable housing or Ed Sipe, Harry Wilkins for their community involvement.]
(j) One citizen who represents employers within the jurisdiction. Carl Stephens - no additional applications submitted match this industry criteria.
(k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. Janice Hayes, - no additional applications submitted match this industry criteria.
Proposed Alternates:
1. Deborah Gray, Planner. Requested alternate position due to family obligations/ time constraints.
2. ___________________________________
3. ___________________________________ [Staff recommends Deborah Gray and the two applicants not selected as initial 11 members to serve as alternates.] B. Request by Deltona Youth Soccer Club (DYSC) to waive concession fee for use of concession stand at Dewey O. Boster Sports Complex. The original Concession Agreement was effective September 1, 2004 with the option to renew for three (3) additional one (1) year periods. The current Agreement expires August 31, 2008. The Concession Agreement (page 4: Compensation) calls for the Club to pay a monthly fee of $400 for use of the concession stand located at the Dewey O. Boster Sports Complex. Conditions of the Agreement mandate that the electricity is included in this fee and that the City be provided a listing of all electrical equipment. The Agreement further states that the fee can be adjusted by the City, upon agreement by both parties, at any time based on an increase in electrical consumption. During the City Commission Workshop meeting of April 14, 2008, considerable discussion ensued as to continuance of the $400 monthly concession fee. In addition to public participation, Deltona Little League, Pop Warner Football and the Parks and Recreation Advisory Committee, had representatives present who supported Deltona Youth Soccer Club (DYSC) continuing as the concessionaire, so long as they shared revenues with other sports organizations who were required to play at the Sports Complex. Staff researched the electrical bills for the time period 1/31/06 thru 12/31/07 and provided a sum total of $27,931 for the Dewey O. Boster Sports Complex Concession stand building. DYSC has asked for waiver of their fee based on the fact that they are similar in nature to the other youth sports organizations. Those Deltona organizations (Little League, Pony League, Pop Warner Football) do not pay a fee for their concessions. It has always been the position of this Department, as in most Parks & Recreation Departments, that it is imperative that the independent youth sports organizations be provided the opportunity to maintain concession sales as a part of their agreements with municipalities. In this manner, the municipality is assuring the organization the means to garner much needed revenue to offset the expenses of operating their leagues and activities. However, the Dewey O. Boster Concession stand has more opportunity to garner revenues than any other concession stand we own. There are numerous events throughout the year (4th of July, Springfest, Spooktacular, outside tournaments/events, etc) in which DYSC can sell and make money. The other youth sports organizations do not have this opportunity to make revenue year-round. In fact, they do not sell except to their immediate player and fan base, thereby limiting their revenues considerably. Since the Commission Workshop, staff has made an effort to provide a fair assessment of the current situation and to discuss this situation further with the other Deltona Youth Sports Organizations and DYSC. These organizations are comfortable in keeping DYSC as the concessionaire. Staff recommends the Deltona Youth Soccer Club remain the concessionaire and that they be directed to work out individual "percentage of sales splits" with outside user organizations, such as Trinity Christian Academy and Pop Warner Youth Football. Staff further recommends that this particular concession facility be reviewed annually for continuance with the DYSL. Staff will not be recommending a waiver of the monthly user fee and would ask that any decision rendered be considerate of the expenditures the City is making on the utility bill for this facility. Loss of concession facility flat fee to the City in the amount of $400 monthly or $4,800 annually. C. Request for Authorization to proceed with Quick Takes on four (4) vacant lots needed for Fort Smith Blvd. Improvement Project from Primrose Terrace to Rookery Avenue, and for other properties deemed necessary for this project. The City of Deltona proposes to widen Fort Smith Boulevard from Elkcam Boulevard to S.R. 415. The project length is approximately 6.6 miles. A PD&E Study was developed to document the environmental and engineering analysis used by the City of Deltona to reach a decision on the type, location and conceptual design of the required improvements to Fort Smith Boulevard. Fort Smith Boulevard is an existing two-lane rural facility and is proposed to be reconstructed to a three-lane undivided urban roadway. The proposed improvements are required to accommodate future traffic demand safely and efficiently. The purchase of certain properties is required for the successful completion of the Fort Smith Boulevard (Section 3) - from Primrose Terrace to Rookery Avenue improvements. The following is a summary of what has transpired with the properties in question: a. 593 Tradewinds Drive - Owners: Robert & Rubette Harford Trust - Property owners reside in Temecula, California. An appraisal ordered by the City, dated 2/05/08, estimates the market value of the property as $48,000. Certified letter sent to the property owners on March 4, 2008, together with copy of the appraisal, has gone unanswered and this office is still waiting for receipt of the green card back from the post office.
b. Sheffield Drive - Owners: J.J. & Jacqueline McGowan Trusts - Property owners reside in Nashua, New Hampshire. First appraisal ordered dated April 9, 2004, shows a market value of $20,000. A copy of this appraisal was mailed to the property owners. On April 21, 2006 our last contact with Mrs. McGowan she stated that they had refused the last offer they had received in the amount of $85,000. She stated that they want at least $100,000 for their parcel. They have expressed the fact that they will not accept anything less than their asking price. Former Interim City Manager/City Attorney L. Roland Blossom instructed not to continue any further negotiation attempts since they were not willing to accept anything less than $100,000. An updated appraisal ordered by the City, dated 2/05/08, estimates the market value of the property as $35,000. c. 570 Calusa Terrace - Owner: Enrique Silva - Property owner resides in Bogotá, Colombia. An appraisal ordered by the City, dated 2/05/08, estimates the market value of the property as $48,000. Mr. Silva has this property listed with Aida Díaz of Deltona Lakes Realty. We were informed by Mrs. Díaz that the owner had previously refused an offer of $70,000. That the property in question is an oversized lot and the dimension according to the property appraiser is 151' x 124' (almost a double lot). That Mr. Silva has been paying taxes since 1975 and that his asking price is $85,000. Upon Mrs. Díaz's request, the City will be submitting an offer to Mr. Silva for the last appraised value.
d. 534 Birchwood Lane - Owners: José Cintrón Davila, et al - Property owners reside in Ponce, Puerto Rico. Mr. José Cintrón Davila passed away and left this property to his only daughter and two (2) nieces/nephews. The daughter and one of her cousins are willing to sell however the other cousin wants to hold on to the property since he feels it will be worth much more in the future. The City has ordered an appraisal on this property. e. Portion of 3100 Shallowford Street - Owner: Robert S. Laperla - The City has ordered an appraisal on this property. f. Portion of 229 Fort Smith Boulevard - Owner: Fort Smith Baptist Church - Certified letter sent to the property owner. Green return receipt card returned by post office showing that letter was received. No response from property owner to date. The City has ordered an appraisal on this property. g. Portion of 329 Fort Smith Boulevard - Owner: Susana E. DeDangond - Property owner resides in Barranquilla Atlántico, Colombia. Last contact with property owner was through her son in 2006. The City has ordered an appraisal on this property.
h. Any other properties deemed necessary for this project and for the following projects as well:
Fort Smith Boulevard - Section 1 (Elkcam to Providence)
Fort Smith Boulevard - Section 2 (Providence to Primrose)
Fort Smith Boulevard - Section 4 (Rookery to SR 415)
Fort Smith Boulevard/Elkcam Boulevard - Section 1
Courtland Boulevard- (Fort Smith to Howland)
Normandy Boulevard - Section A (Saxon to Firwood)
Normandy Boulevard - Section B (Fort Smith to Saxon) Tivoli Drive (Saxon to Providence Boulevard)
Should the City Commission authorize quick takes on the above referenced properties staff will commence inverse condemnation proceedings immediately. D. Selection of Voting Delegate to the Florida League of Cities Annual Conference. The Florida League of Cities' Annual Conference will be held at the Tampa Convention Center on August 14 - 16, 2008. This year's theme is Great Cities Make A Great State. The League is asking each city to designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. 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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