City of Deltona, Florida: RCM 07/07/08

REGULAR CITY COMMISSION MEETING
MONDAY, JULY 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 - June 10, 2008.

2. Regular City Commission Meeting - June 16, 2008.

B. Additions or Deletions to Agenda.

5. PRESENTATIONS/AWARDS/REPORTS:

A. Proclamation - Parks & Recreation Month - July, 2008.

B. Presentation - Code Enforcement Officer of the Year - Hector Garcia.

C. Recognition of Deltona Fire Explorers, Post 460 - Firematics Competition.

D. Presentation - River of Lakes Heritage Corridor - Jessi Smith, Program & Partnership Director.

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 DeBary Avenue Construction Contract - Utility Installation Costs.A Joint Planning Agreement was executed with Volusia County for the construction, reconstruction, improving or otherwise changing a portion of the County Highway System designated as Project No 4351 Debary Avenue (I-4 to Providence Boulevard) in Deltona on 6-19-06. The relocation of the water utility facilities is necessitated by this County road project.

The County entered into a contract with Halifax Paving, Inc. on April 29th, 2008 for the construction of this project together with the water utility facilities. The contract price for the utilities portion of this project is $826,550.

*B. Request for Approval of Purchase of Thermal Imagers for Fire Department.

The Fire Department utilizes Thermal Imagers to search for victims, hidden fire in walls and other voids and several other fire or emergency service-related applications including determining levels in containers containing hazardous materials. Other non-fire department uses include assisting law enforcement in locating individuals eluding capture and searching for missing or lost persons.

The Fire Department has determined a need to replace the majority of its older Thermal Imagers and upgrade the technology available to transmit what is seen by crews in the hazard area to command and support staff outside of the structure or area of immediate danger to life or health.

An additional feature unique to this brand of imager is the "Thermal Throttle". This feature allows fire department personnel to isolate and identify specific high heat sources in a manner not offered by any other thermal imager. This feature affords the crews the ability to search for a hidden heat source without opening up walls thus creating additional damage and adding to the "cost" of the fire for the homeowner or occupant.

In addition to replacing the older units in the fleet, two of the newer units, that also have the "Thermal Throttle" feature, will be retained for use in training, arson investigation and will serve as additional units that can be pressed into service during times of disaster or when resources need to be deployed to areas outside of the City as part of a mutual aid effort.

Staff is recommending replacing this equipment with the same brand for continuity of operations and ease of training. The vendor, Hallmark Fire Equipment, is the sole source vendor in Florida for the manufacturer. The cost is $46,718.

*C. Resolution No. 2008-28,

Supporting the River of Lakes Heritage Corridor Scenic Highway.

The River of Lakes Heritage Corridor Scenic Highway Corridor Advocacy Group was formed to advocate the proposed River of Lakes Heritage Corridor Scenic Highway as provided by Florida Statute 335.093 and 23 U.S.C. 162 to designate and implement a Florida Scenic Highway and National Scenic Byway respectively.

The purpose of the scenic highway and byway designation is to protect, enhance, preserve and maintain the intrinsic resources of the designated corridor. The proposed Florida Scenic Highway and the National Scenic Byway advocated that the River of Lakes Heritage Corridor Scenic Highway run along U.S. Highways 17 and 17-92 beginning at the Volusia/Putnam county line and proceed south to the St. Johns River bridge at Lake Monroe including running along Dirksen Drive (C.R. 4162) from U.S. 17-92 east to Lakeshore Drive/Enterprise-Osteen Road (C.R. 5758) and eventually joining at the Heritage Crossroads: Miles of History Scenic Highway at the Volusia and Flagler county line.

As part of adoption, the City of Deltona will participate in supporting efforts to designate and implement the River of Lakes Heritage Corridor Scenic Highway as a Florida Scenic Highway. In addition, the Commission will consider incorporating into Deltona's Comprehensive Plan a map displaying the River of Lakes Heritage Corridor Scenic Highway, the Corridor's vision statement, appropriate goals, objectives and policies.

*D. Final Subdivision Plat Approval - Lake Baton Estates, Phase I.

Location: Access to Phase I is to be off of Ferendina Drive, which is one block north of Tivoli Drive, just west of the intersection of Tivoli Dr. and Providence Boulevard.

Background: The Preliminary Plat application was originally submitted on March 28, 2005. The Preliminary Plat at that time was for a 136 lot subdivision on 80 acres. This item was presented to the Development Review Committee, which approved the preliminary plat with conditions on April 13, 2006.

During the course of addressing the conditions presented by the DRC the applicant revised his proposal to add an additional two lots to the project, for a total of 138 lots, as well as create a private subdivision, with gated entrances. As a result of these changes the item was again presented to the DRC, which approved the revised preliminary plat on October 29, 2007.

The Final Plat Application for Lake Baton Estates - Phase I, was made on May 5, 2008. Phase I is a private subdivision consisting of 48 lots on 27.75 acres. Access to Phase I is a gated entrance off of Ferendina Drive. This item was presented to the Development Review Committee on June 5, 2008, which approved the final plat with conditions.

*E. Request to sunset Charter Review Committee.

The City Commission confirmed the appointment of a five-member Charter Review Committee on February 18, 2008. The Charter Review Committee has met on a number of occasions and has completed their review of the City Charter. Their recommendations were submitted to the Commission at a joint meeting held on June 24, 2008. While the terms of their appointment provided that they serve until February 18, 2010, the Commission has determined their services are complete and the Committee is no longer necessary.

8. ORDINANCES AND PUBLIC HEARINGS:

A. Presentation of Feasibility Study for Police Services Report by Willdan Homeland Solutions and Consideration for Establishment of City Police Department.

On April 7, 2008, the City Commission of the City of Deltona authorized a feasibility study for police services. On July 1, 2008, the City received the final draft of the Feasibility Study for review purposes. The Study encompasses personal interviews, field and in-office observations, document reviews, comparative analysis, financial modeling and forecasting, and discussions with the Volusia County Sheriff's Office.

The recommendations of the consultants were two, maintain the contract with the Sheriff's Office but make modifications to the existing contract up for renewal in 2009 or create a Deltona Police Department through a phased implementation plan. The report also provides specific recommendations throughout the analysis.
Deltona's current contract with the Volusia County Sheriff's Office expires on September 30, 2009. During the current fiscal year, the costs for law enforcement services through the Sheriff's Office are $9,274,512, plus incidental charges based on unforeseen needs. Projected increased costs provided by the Sheriff's Office demand $9.7 million dollars for FY 08/09 in order to provide continued services for the City.

The Feasibility Study indicated that establishing a municipal police department would cost the City approximately 8.9 million dollars averaged over a five year period.

The City should consider its options as follows:
(1) Continuing a contractual service with the Volusia County Sheriff's Office; or
(2) Forming the City's own police department.

B. Public Hearing - Ordinance No. 23 - 2008, Providing for an amendment to Chapter 54, "Special Assessments", revising Article 1 to allow general assessments within the incorporated City limits, for second and final 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.

This 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 Assessment, Solid Waste Assessment, and Streetlighting Assessment, 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 second and final 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.

C. Resolution No. 2008-30, Establishing the Initial Assessment Rate for the Activity Center Special Assessment District.

On May 21, 2008, the City Commission directed staff to move forward with establishing a Special Assessment District (SAD) for the properties located within the Southwest Volusia Areawide Development of Regional Impact. On July 7, 2008, the City Commission will consider adopting a text amendment to Chapter 54 to establish the procedures for creating Special Assessment Districts. If adopted, the City Commission will then consider applying a SAD to the properties within the Activity Center DRI. This resolution is the initial rate resolution for the specific Activity Center SAD.

D. Public Hearing - Ordinance No. 19-2008, Substantially Amending and Revising the provisions of Chapter 50, "Solid Waste" of the City of Deltona Code of Ordinances, for second and final reading.

Staff has determined that there is a need to substantially revise Chapter 50, "Solid Waste" of the City's Code of Ordinances in order to accomplish the following:

• Provide clearer language for certain definitions and issues related to solid waste;
• Combine definitions into one section thus eliminating repetitive language;
• Eliminate discrepancies regarding the size of permitted solid waste containers;
• Delete repetitions of residential and commercial provisions within the Chapter.

The proposed Ordinance is provided in two formats: strike-out, underscore language and a final signature version without the strike-out format, and is intended to formally amend and revise Chapter 50 "Solid Waste" of the City's Code of Ordinances. Changes that the Commission requested at the first reading on June 2nd have been incorporated into the revised version.

This Ordinance was approved at first reading on June 2nd, and is now scheduled for second and final reading.

E. Public Hearing - Ordinance No. 18-2008, Providing for the abandonment of a certain portion of a 60' right-of-way known as Linwood Court and accept in exchange the dedication of a portion of the property owners' property to be used for right-of-way purposes, for second and final 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.

This Ordinance was approved at first reading on June 16th, and is now scheduled for second and final reading.

F. Ordinance No. 16-2008, Providing for a definition of portable shelter device and adding Section 110-827.06 to the City of Deltona Code of Ordinances to regulate Portable Shelter Devices on single family residential lots, for first reading.

The City of Deltona has received in the past applications requesting variances to allow a temporary structure (canopy tent) within the City. Definition of "Building" in Section 110-201 of the City of Deltona Code of Ordinances includes portable structure (tent) as part of the definition.

Today, there are no code regulations regarding temporary structures or what we now propose as "portable shelter devices" on single family residential lots. A variance request for allowing a canopy boat cover was tabled by the City Commission on January 7, 2008, to allow staff time to further research the larger issue of potentially regulating "portable shelter devices".

Staff reviewed ordinances from other jurisdictions within Florida to determine if portable shelter devices can be separated from permanent structures with regard to permitting requirements.

The regulations regarding "portable shelter devices" will allow placement of them on single family residential lots, if that is the intent of the City Commission and will not be detrimental to the residential character of the neighborhood.

The Planning and Zoning Board heard this item at their regular scheduled meeting on May 21, 2008. The Planning and Zoning Board offered the following recommendations:

1. Portable shelter device may not be placed in the side yard of a property, only rear yard.
2. A building permit shall be required for any portable shelter device to ensure proper anchoring.
3. No period of time shall be granted to place a portable shelter device on a property without a building permit.
4. Requested maximum height limitation.
5. Difference between recreational portable structure and a portable structure that covers personal equipment.

Staff has reviewed the P & Z recommendations and included them into the ordinance with the exception of recommendation number 5. Staff found no difference between recreational portable structures and portable structures that cover personal equipment in terms of portability. The only difference is the purpose for which will be used.

Section Three, item number two of the ordinance has been modified to be consistent with the P & Z Board recommendation. Property owners who have one or more portable shelter device installed on their property will have 30 days from the effective date of this ordinance instead of 180 days to apply for a permit. This change has been made taking into consideration the time granted by the Enforcement Services Division to homeowners that do work without a permit and the time allows to complete the work after the permit is issued. Enforcement Services Division gives homeowners a reasonable amount of time (two weeks - 30 days) to apply and pull a permit for work already done. Also, when a permit is issued the applicant has 180 days to complete the proposed work/project. In order to consider the work/project completed the applicant shall call the Building Department automated system to schedule an inspection before the expiration date of the permit. However, by Florida Building Code Section 105.3.2 if the work is not completed within the 180 days the applicant has the option to request a permit extension for an additional period of time not exceeding 90 days. The Building Official is authorized to grant a building permit extension. This request must be in writing prior to the expiration date of the permit and justifiable cause demonstrated. Therefore, it would be possible for an unpermitted portable structure device to remain on property for 12 months, unless the original period to apply for a permit is reduced to 30 days.

On June 18, 2008, the Planning and Zoning Board heard this item for the second time at their regular scheduled meeting. Staff provided two options for consideration:

1. Regulate Portable Shelter Devices with the following conditions:
• May be assembled and placed by lot owners only (Single Family Residential uses)
• Coverage area not to exceed 400 square feet
• Portable Shelter Device placed upon a property for more than 180 days shall be anchored to ground in a manner to maintain the placement of its frame during adverse weather conditions, and permit is required.
• Portable Shelter Device may be placed in the side yard or rear yard of a property; however, in no event shall be placed in the front yard, side yard or side street yard of a property.
• The anchoring shall not be construed to alter the portability of a Portable Shelter Device.
• Portable Shelter Device shall not be utilized for human habitation or occupation.
• The Portable Shelter Device must be easy to disassemble, move, and reassemble.
• No more than one Portable Shelter Device shall be placed on a single property.
• The height of any portable shelter device shall not exceed 10 feet as measured from the existing structures.
• 30 days from the effective date of this ordinance to apply for a building permit for existing portable structure device.
2. Do nothing and require all accessory structures to meet building and zoning regulations.

The Planning and Zoning Board voted unanimously to forward Ordinance No. 16-2008 to the City Commission with a recommendation of approval with the following changes to the ordinance:

• The height of any portable shelter device shall not exceed 10 feet as measured from the existing structures average grade, as building height is defined in the Zoning Code of Ordinance, Section 110-201.
• Portable Shelter Device that is placed upon a property shall be securely anchored to the ground in a manner so as to maintain the placement of its frame during adverse weather conditions, including severe thunderstorms and hurricanes consistent with the wind load requirements of Chapter 18 (Building and Building Regulations), Section 18-4 (Wind speed) of the City of Deltona Code of Ordinances.

If approved at first reading, the Ordinance will be scheduled for second and final reading on July 21st.

G. Public Hearing - Ordinance No. 20 - 2008, adding Article V, the "Disposal of Surplus Municipal Real Property", to Part II, Chapter 2 of the City of Deltona Code of Ordinances, for second and final 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. This Ordinance was approved at first reading on June 16th, and is now scheduled for second and final reading.

H. Ordinance No. 21-2008, Amending Chapter 86, "Concurrency Management" and Chapter 96, "Improvements" of the City of Deltona Land Development Code by changing the text in Sections 86-29 and 96-28, referencing the Volusia County MPO Transportation Impact Analysis (TIA) Guidelines, for first reading.

On May 22, 2007, the Volusia County Metropolitan Planning Organization (MPO) adopted their Transportation Impact Analysis (TIA) Guidelines. The TIA Guidelines established a consistent methodology for assessing traffic impact on roadway facilities within Volusia County. The adoption of the MPO TIA Guidelines by the local jurisdictions is voluntary. However, in order to be eligible for State Transportation grants/funds thru the MPO, the City of Deltona must adopt these Guidelines. The City of Deltona, in an effort to be consistent with the Volusia County MPO Transportation Impact Analysis (TIA) Guidelines, is proposing an amendment to Sections 86-29 and 96-28 of the City's Land Development Code.

The Planning and Zoning Board heard this Ordinance at their regular scheduled meeting on June 18, 2008 and voted unanimously to forward Ordinance No. 21-2008 to the City Commission with a recommendation of approval. If approved at first reading, the Ordinance will be scheduled for second and final reading on August 4, 2008.

I. Public Hearing - Resolution No. 2008-05, Adopting and Transmitting the 2008 Evaluation and Appraisal Report (EAR) of the City of Deltona Comprehensive Plan.

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.

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. No one from the public spoke for or against the draft EAR.

On March 3, 2008, the City Commission voted unanimously to transmit the proposed EAR to the Department of Community Affairs for preliminary review and comment before adoption.

On April 16, 2008, the Department of Community Affairs made comments and recommendations for the City to consider before adoption.

J. Public Hearing - Resolution No. 2008-19, Providing for vacating certain portions of the Subdivision Plat of Davis Park First Addition to Orange City, per subdivision recorded in Map Book 18, Page 94, Public Records of Volusia County; Applicant: Kim Booker, Attorney for Owner.

Kim C. Booker, attorney for owner, has presented the City a petition that portions of the subdivision plat of Davis Park First Addition to Orange City be vacated and that the property be returned to acreage. Davis Park First Addition to Orange City is a 1920's era subdivision within which no improvements were ever constructed. The petitioner is asking that those portions of the plat under common ownership be vacated in order to properly develop the property in accordance with the requirements set forth in the Activity Center.

Within the limits of the portion of this subdivision proposed for abandonment are approximately 8.13 acres of rights-of-way and park area to be placed on the tax roll and assessments levied. The park area in question is actually an old sinkhole, which at this time is dry.

Authority to vacate subdivision plats is derived from Section 177.01, Florida Statutes. Paragraph (3) of Sec. 177.01 sets forth certain requirements of the applicant. They are:

1. That the person making the application for said vacation owns the fee simple title to the property and that all taxes have been paid. The applicant has provided such evidence in the way of an opinion of title and has provided notarized authorization of additional parties to the request and title opinion to those lots.
2. That the vacation by the governing body will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. To meet this requirement the applicant has prepared for filing a Declaration of Non-Exclusive Temporary Easement. This Declaration provides 30 foot wide ingress and egress easements to the nearest improved road to those properties not party to this petition.

In addition, the Deltona Code of Ordinances requires that all public utility providers to the property provide Letters of No Objection to the applicant. The applicant has provided such letters from Florida Public Utilities, Deltona Water, Florida Power and Light Company, Brighthouse Networks, Embarq Corporation and Volusia County Utilities.

K. Public Hearing - Resolution No. 2008-20, Providing for vacating certain portions of the Subdivision Plat of Davis Park Second Addition to Orange City, per subdivision recorded in Map Book 18, Page 100, Public Records of Volusia County; Applicant: Kim Booker, Attorney for Owner.

Kim C. Booker, attorney for owner, has presented the City a petition that portions of the subdivision plat of Davis Park Second Addition to Orange City be vacated and that the property be returned to acreage. Davis Park Second Addition to Orange City is a 1920's era subdivision within which no improvements were ever constructed. The petitioner is asking that those portions of the plat under common ownership be vacated in order to properly develop the property in accordance with the requirements set forth in the Activity Center.

Within the limits of the portion of this subdivision proposed for abandonment are approximately 8.87 acres of rights-of-way, which will be placed on the tax roll and assessments levied.

Authority to vacate subdivision plats is derived from Section 177.01, Florida Statutes. Paragraph (3) of Sec. 177.01 sets forth certain requirements of the applicant. They are:

L. Public Hearing - Resolution No. 2008-21, Providing for vacating certain portions of the Subdivision Plat of Davis Park Fourth Addition to Orange City, per subdivision recorded in Map Book 18, Page 128, Public Records of Volusia County; Applicant: Kim Booker, Attorney for Owner.
Kim C. Booker, Attorney for owner, has presented the City a petition that portions of the subdivision plat of Davis Park Second Addition to Orange City be vacated and that the property be returned to acreage. Davis Park Fourth to Orange City is a 1920's era subdivision within which no improvements were ever constructed. The petitioner is asking that those portions of the plat under common ownership be vacated in order to properly develop the property in accordance with the requirements set forth in the Activity Center.

Within the limits of the portion of this subdivision proposed for abandonment are approximately 10.28 acres of rights-of-way, which will be placed on the tax roll and assessments levied.

Authority to vacate subdivision plats is derived from Section 177.01, Florida Statutes. Paragraph (3) of Sec. 177.01 sets forth certain requirements of the applicant. They are:

1. That the person making the application for said vacation owns the fee simple title to the property and that all taxes have been paid. The applicant has provided such evidence in the way of an opinion of title and has provided notarized authorization of additional parties to the request and title opinion to those lots.
2. That the vacation by the governing body will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. In this instance the petitioner either owns or represents the owners of all of Davis Park Fourth Addition to Orange City.

M. Public Hearing - Resolution No. 2008-22, Providing for vacating certain portions of the Subdivision Plat of Davis Park Sixteenth Addition to Orange City, per subdivision recorded in Map Book 22, Page 124, Public Records of Volusia County; Applicant: Kim Booker, Attorney for Owner.

Kim C. Booker, Attorney for owner, has presented the City a petition that portions of the subdivision plat of Davis Park Sixteenth Addition to Orange City be vacated and that the property be returned to acreage. Davis Park Sixteenth Addition to Orange City is a 1920's era subdivision within which no improvements were ever constructed. The petitioner is asking that those portions of the plat under common ownership be vacated in order to properly develop the property in accordance with the requirements set forth in the Activity Center.

Within the limits of the portion of this subdivision proposed for abandonment are approximately 8.05 acres of rights-of-way, which will be placed on the tax roll and assessments levied.

Authority to vacate subdivision plats is derived from Section 177.01, Florida Statutes. Paragraph (3) of Sec. 177.01 sets forth certain requirements of the applicant. They are:

To meet this requirement the applicant has prepared for filing a Declaration of Non-Exclusive Temporary Easement. This Declaration provides 30 foot wide ingress and egress easements to the nearest improved road to those properties not party to this petition.

N. Public Hearing - Resolution No. 2008-23, Providing for vacating certain portions of the Subdivision Plat of the Replat of Block 5, Davis Park First Addition to Orange City, per subdivision recorded in Map Book 26, Page 51, Public Records of Volusia County; Applicant: Kim Booker, Attorney for Owner.

Within the limits of the portion of this subdivision proposed for abandonment are approximately 0.67 acres of rights-of-way, which will be placed on the tax roll and assessments levied.

Authority to vacate subdivision plats is derived from Section 177.01, Florida Statutes. Paragraph (3) of Sec. 177.01 sets forth certain requirements of the applicant. Among the requirements is:

O. Public Hearing - Resolution No. 2008-29, Final Assessment Resolution for the creation of the Maldive Court Streetlighting District.

The City has received a petition requesting the creation of the Maldive Court Streetlighting District. The petition bears twenty-three (23) signatures representing 56% of the property within the proposed boundaries. The proposed District will include the installation of fourteen (14) 100 watt cobrahead street lights on existing overhead distribution poles. Forty-one (41) platted lots of approximately equal size exist within the proposed streetlighting district. The estimated annual charge per platted lot for the first year is $78.34. The estimated annual charge per platted lot for the second and subsequent years is $36.88.

On June 2, 2008, the City Commission approved the preliminary assessment resolution (Resolution No. 2008-18) to create this district.

P. Public Hearing - 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 second and final 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.

Section 7 of the Act 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.

As well, 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 increases in years in which County-wide general elections are held pursuant to Section 100.031, Florida Statutes. In addition, the financial expenses to the City for municipal elections held in conjunction with County-wide elections is less than the financial expenses to the City for standing alone in municipal elections. Accordingly, it is in the best interest of the electorate to adjust the dates and times of its City Commission elections to coincide with County-wide general elections for federal and state representatives occuring in even numbered years.

This Ordinance was approved at first reading on June 16th, and is now scheduled for second and final reading.

Q. Public Hearing - 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 second and final 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. This Ordinance was approved at first reading on June 16th, and is now scheduled for second and final reading.

R. Public Hearing - Ordinance No. 24-2008, Amending Chapter 48, "Sexual Offenders and Predators" of the City's Code of Ordinances, for second and final 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 No. 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. This Ordinance was approved at first reading on June 16th, and is now scheduled for second and final reading.

S. Ordinance No. 28-2008, adding Article VI, the "Distribution of Handbills, Advertisements and Newspapers Ordinance", to Chapter 38, "Environment" of the City of Deltona Code of Ordinances, for first reading.

The City has received complaints regarding the distribution of handbills and newspapers which are frequently left in driveways or placed on vehicles in parking lots. Due to concerns about aesthetics and litter, it is deemed to be in the best interest of the City to regulate the distribution of handbills for the benefit of the health, safety and welfare of the public. If approved at first reading, this Ordinance will be scheduled for second and final reading on July 21st.

9. OLD BUSINESS:

A. Request for Authorization to proceed with Eminent Domain Proceedings on four (4) vacant lots and a portion of three (3) separate lots needed for the Fort Smith Blvd. (Section 3) from Primrose Terrace to Rookery Avenue (Tabled on June 16, 2008).

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. A portion of 3100 Shallowford Street - Owner: Robert S. Laperla - The City has ordered an appraisal on this property.

f. A 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. A 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.

Should this request be approved and authorized by the City Commission staff will commence eminent domain proceedings immediately on the above cited properties.

10. NEW BUSINESS:

A. Appointment of one (1) member to the City's Planning & Zoning Board.

Sandy Lou Gallagher (appointed by Commissioner McFall-Conte) has resigned her position on the City's Planning & Zoning Board due to her appointment as the City's representation to the Volusia Growth Management Commission.

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: Thomas Adkins, Stephen Cantwell, Ed Gable, Matthew Garden, Diana Gordon, Brian Johnson, Katrina Lacey, and Ed Miller. This agenda item is for the appointment of one (1) member to fill the remainder of Mrs. Gallagher's term which is set to expire on March 15, 2010.

B. Consideration of appointment of City representative to the River of Lakes Heritage Corridor Scenic Highway: Corridor Management Entity (CME).

The Corridor Management Entity will meet on a bi-monthly basis (six meetings per year) to review issues that include interested and affected citizens, landowners, businesses, public land managers and government agencies within the area benefited by the Scenic Highway. It is requested that a member of the City of Deltona Commission be appointed to the Corridor Management Entity. As this is a new Entity, appointments will be either three, two or one year appointments the first year (conducted by a straw poll); members will then serve a three year term.

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.

REGULAR CITY COMMISSION MEETINGMONDAY, JULY 7, 20086:30 P.M.

DELTONA COMMISSION CHAMBERS2345 PROVIDENCE BLVD.DELTONA, FLORIDA

AGENDA

REGULAR CITY COMMISSION MEETING
MONDAY, JULY 7, 2008
6:30 P.M.

DELTONA COMMISSION CHAMBERS
2345 PROVIDENCE BLVD.
DELTONA, FLORIDA