REGULAR CITY COMMISSION MEETING
MONDAY, JULY 21, 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 - July 7, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Melanie Baggs, 4-H Volunteer. B. Presentation - Dennis Mues, Officer of the Quarter. C. Presentation - Stormwater Rate Study - Andy Woodcock, Tetra Tech, Inc. D. Presentation - Quarterly Board Reports of City Advisory Boards/Committees: • Beautification Advisory Board - Al Manassa, Chair
• Economic Development Advisory Board - Nick Conte, Chair
• Firefighters' Pension Plan, Board of Trustees - Lisa Spriggs
• Parks & Recreation Advisory Committee - David McKnight, Chair
• Citizens Advisory Sub-Committee - Danah Grant, Chair
• Senior Advisory Sub-Committee - Eileen Gallagher, Chair
• Youth Advisory Sub-Committee - David McKnight, Acting Chair
• Planning & Zoning Board - Wesley Kihlmire 6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length) CONSENT All items marked with an * will be considered by one motion
AGENDA: unless removed from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item. 7. CONSENT AGENDA: *A. Request for approval of Change Order for Connect Consulting, Inc. The Water Department routinely requires hydro geological services to comply with Federal and State Law. These services may include water supply planning and development, data evaluation, turnkey design/construction services to permit, design, construct, and/or repair and test new existing wells and associated facilities, well head appurtenances and pumps. The scope of needed services also includes aquifer performance tests for new well construction as well as abandonment and plugging of existing wells. To conduct these services it will be necessary to also provide survey services including topography surveys, boundary surveys, as built drawings as well as providing record drawings. The department is currently faced with several of these issues and the occasional emergency does arise. To provide for current and future development as well as maintaining the current operational continuity, the Water Department is requesting additional funds for hydro geological services. Deltona Water currently has wells which require immediate attention to ensure their reliability during the peak water demand season.
*B. Award of Bid #0861 - Plant #10 Emergency Generator.
Purchasing received five responses to Bid Number # 0861 - Plant #10 Emergency Generator. Plant #10 is in need of an emergency generator at its location to perform the function of a standby / emergency solution should a power outage occur or be needed. Currently, there is not an existing standby / emergency generator at the Plant #10 site and there is no capability of supplying emergency power to the plant should there be a power outage.
Bids were received from the following companies.
• Southeastern Communications Service, Inc. $120,000.00
• Tri-City Electrical Contractors, Inc. $71,892.00
• Main Line Electrical Contractors, Inc. $48,948.00
• Taranto Electric, Inc. $45,822.00
• Voltcon Electric, Inc. $39,359.00
The low bid was received from Voltcon Electric, Inc. with a bid of $39,359.00 or 14% below the next lowest bid.
*C. Award of Bid #0861 - Pumper Truck - Deltona Water.
The City has received six bids for a Pumper Truck, and is recommending acceptance of the low bid. Bids were received from the following companies: • Certified Stainless Service, Inc $170,375.00
• Environmental Products of Florida * $183,862.00
• Heintzelman's Truck Center, Inc $136,826.00
• Nextran Truck Center Orlando $143,471.00
• Orlando Freightliner $132,975.00
• Pat's Pump & Blower, LLC $158,179.00
• Pat's Pump & Blower, LLC (Alternate) $154,495.00
The low bid was received from Orlando Freightliner at a total cost of $132,975.00. *D. Award of Bid #0855 - TV Camera Truck - Deltona Water.
The City has received two bids for a TV Camera Truck for inspecting and maintaining of the City's Wastewater Collection System. The majority of the inspecting must be done by utilizing the sewer televising equipment. The system will be designed to televise sewer pipelines and utility pipes. Bids were received from the following companies: Aries Industries, Inc. $120,872 .00
Cues $135,032.00 The Water Department is requesting that the award be made to Cues due to several factors and requirements of the bid. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 28-2008, Article VI, the "Distribution of Handbills, Advertisements and Newspapers Ordinance", to Chapter 38, "Environments" 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. B. Public Hearing - Providing for purchase of real property located at 3150 Hallow Drive; Owner: Robert A. Pieper. Courtland Boulevard has been identified as a future road widening project. The City of Deltona proposes to widen Courtland Boulevard from south of Fort Smith Boulevard to north of Howland Boulevard. The project length is approximately 2.1 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 Courtland Boulevard. Courtland 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 project lies within the jurisdiction of the St. Johns River Water management District (SJRWMD) and lies within the Lake Theresa Drainage Basin. Four drainage sub-basins were identified along the project corridor. A stormwater management pond will be required for each sub-basin in order to meet SJRWMD criteria for water quality treatment and peak discharge attenuation. A pond sitting report was developed to document the methods used to define the drainage sub-basins and determine the best stormwater management concept for each sub-basin. Once the sub-basins were identified and the appropriate stormwater management concept was determined, engineers began the process of identifying possible locations for constructing stormwater management ponds. Preference was given to exiting public property, either unimproved drainage retention areas or parks, then single-family residential lots identified as having a history of flooding, and then vacant residential lots located outside of the 100-year flood plan. The project is currently not funded and not in the 5 year Capital Improvement program.
Acquisition of certain properties is required to utilize this natural depression as a stormwater management pond for the planned widening of Courtland Boulevard. The City of Deltona has considered purchasing certain properties to construct a stormwater management pond to relieve some of the drainage problems that exist within the City and provide a permanent solution. The purchases of certain properties have been identified by the City Engineer as necessary for such a project to be successfully designed and built. One of these properties, a vacant lot located at 3150 Hallow Drive, Deltona, owned by Robert A. Pieper, is the subject of an executed Contract for Sale and Purchase in the amount of $63,000.00. Negotiations for this property go as far back as 2004. The purchase price was negotiated by the former City Attorney and former City Manager Fritz Behring. 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. The City of Deltona has already acquired three (3) of the properties required for this project.
Should the City Commission approve the purchase of the subject property, a closing date of July 28, 2008 has been set. C. Public Hearing - Resolution No. 2008-24, Providing for a zoning variance from Ordinance No. 19-2007, which prohibits more than two (2) accessory buildings of 120 square feet or less on the same zoning lot on property located at 2533 Flint Lane; Applicant: Mayra Ortiz (Project No. VR08-006). The applicant is currently in the process of constructing a building addition onto the rear of the existing residence. As this addition is being constructed without a valid building permit it was brought to the homeowner's attention by the building official that building permits would also be required for the two (2) "tiki huts" on the property. At that time it was also pointed out to the homeowner that building permits could not be issued, as it would be in violation of City of Deltona Ordinance 19-2007, which amended Section 110-827.03 of the Zoning Ordinance. Ordinance 19-2007 states, in part:
827.03 (1)(i)
"No more than two accessory buildings or structures of 120 square feet in floor area, or less, may be built on the same zoning lot,...." Ordinance 19-2007 was intended, in part, to limit the number of prefabricated metal sheds on a single family lot to no more than two, as an aesthetics consideration. The applicant currently has 2 existing permitted prefabricated sheds on the lot, 1 at 8 ft. x 10 ft. (80 sq,. ft) and 1 at 10 ft. x 12 ft. (120 sq. ft.), however, with the addition of these two (2), 10 ft. x 10 ft. (100 sq. ft.) "tiki huts" there are now four (4) accessory structures of less than 120 square feet or less on the lot and it is from this code section that the applicant is seeking a variance. In a letter dated April 23 2008 the applicant is using as justification for the additional structures is the near total lack of shade in the rear yard, the result of 2004 hurricane damage.
In that same letter the applicant goes on to state that the second shed was put in place to store building materials, tools and equipment needed as part of the residential building addition. D. Public Hearing - Resolution No. 2008-37, Describing the Method of Assessing Stormwater Utility Assessed Costs against assessed property located within the City of Deltona and establishing Preliminary Annual Rates for FY 08/09. The City Commission for the City of Deltona retained Tetra Tech, Engineering Consultants, to study the need to update the City's existing stormwater rate structure and methodology for calculating billing units that are specific to the City of Deltona's characteristics. Representatives from Tetra Tech will be present at the meeting to describe the methodology utilized to determine the new proposed stormwater assessment rates. This Resolution amends the method of assessing stormwater utility assessed cost against assessed property as recommended by Tetra Tech and establishes the preliminary annual rates for F/Y 2008-2009. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Request for fee waiver - Volusia County Hispanic Association - 5th Annual Back to School Fair. Emma Santiago, representing the Volusia County Hispanic Association, has submitted a request to the City for a waiver of the fees associated with the rental of the Harris M. Saxon Community Centre on August 2, 2008, for their 5th Annual Back to School Fair. The total fees associated with this rental including the deposit are $730.00. B. Request for Monetary Donation - West Volusia Youth Baseball. Mr. Manny Kourounis, President of the West Volusia Youth Baseball, has submitted documentation including the following:
• An articles announcing Deltona winning the Florida State Championship and moving to the Dixie World Series dated 7/12/08;
• Letter dated July 12, 2008, explaining the reason for the request; and
• Cost of expenses to participate in the World Series. The funding request from the West Volusia Youth Baseball falls outside the scope of Policy No. CC01-001 for consideration of a monetary award by the City.
C. Discussion re: DRAFT Ordinance No. 30-2008, Amending the City Charter and Authorizing proposed Charter Amendment Questions be submitted to the electors at the November 4, 2008 General Election for a referendum on the questions of approval of the proposed amendments. The City's Charter Review Advisory Committee, over the past few months, has conducted a complete review of the City Charter and presented its recommendations to the City Commission on proposed changes. The City Commission, at a workshop held on July 14, 2008, reviewed and discussed the proposed recommendations of the Charter Review Committee. The proposed Ordinance reflects the changes that were discussed and agreed to by a consensus of the Commission, for review and additional discussion. The Ordinance will be presented for first reading on August 4, 2008. D. Discussion re: DRAFT Resolution No. 2008-39, Authorizing the Acting City Manager and staff to expend public funds and resources to inform the citizens of Deltona of the potential impact of certain proposed amendments to the City Charter. The City's Charter Review Committee has conducted a complete review of the City's Charter and presented its recommendations to the City Commission. The purpose of this Resolution is to authorize the use of public funds and resources by the City Manager and staff with the purpose of educating the public as to the impact on the City and its residents on the proposed changes to the City Charter. Staff will provide estimated costs associated with potential options for public education efforts before or at Monday's Commission meeting. E. Discussion re: DRAFT Resolution No. 2008-40, Providing for a Binding Referendum to be held on November 4, 2008, for the purpose of determining
whether the City of Deltona should establish its own Police Department. The City Commission for the City of Deltona retained the services of Willdan Homeland Solutions (WHS) to assist in determining the future plans for police service delivery in the City of Deltona. Pursuant to the feasibility study prepared by the consultants, the City should consider its options as follows: (1) to continue its contractual services with the Volusia County Sheriff's Office; or (2) to form the City's own police department.
After reviewing the consultants' study; receiving the public's input on two separate public hearings conducted on July 7, 2008 and July 15, 2008; and, taking in consideration the amount of municipal funds involved, the City Commission has opted to submit the question on whether the City of Deltona should have its own police department, to the qualified voters residing in the City of Deltona in a straw ballot referendum. The ballot question on this matter will be presented to the voters at the November 4th, 2008 General Election. Please note: The draft Resolution contains a very simplified language for the ballot question. The City Attorney's Office will provide additional versions of the ballot question for the Commission's consideration prior to Monday night's meeting. F. Discussion re: DRAFT Resolution No. 2008-38, Authorizing the City to expend public funds and resources to inform the public of the potential impact on the City of the proposed creation of the City's own police department. The City Commission for the City of Deltona has opted to submit the question on whether the City should have its own police department to the qualified voters residing in the City in a referendum. The ballot question on this matter will be presented to the voters at the November 4th, 2008 General Election. Local governments could use public funds and resources to mount an informational campaign in order to lead the people to make informed choices. People against Tax Revenue Mismanagement, Inc. v. County of Leon, 583 So.2d 1373 (Fla. 1991). The purpose of this Resolution is to authorize the use of public funds and resources by the City Manager and staff with the purpose of educating the public as to the impact on the City and its residents of the proposed creation of the City's own police department. Staff will provide estimated costs associated with potential options for public education efforts before or at Monday's Commission meeting. G. Discussion re: Boundless Playground (Commissioner Denizac).
Commissioner Denizac requested that a discussion related to the Boundless Playground be included on the July 21st Commission meeting agenda. The Boundless Playground is proposed as part of the 122-acre park site located near Discovery Elementary School as depicted on the map. Parks & Recreation Director Patti Evans had advised that it would cost an estimated $900,000 to develop the playground. The City did submit a Community Budget request through the State legislature on December 27, 2007, and staff has advised that the project was not selected for funding at this time. Sally Sherman has advised that the City should be able to receive $800,000 from ECHO funds and that the ECHO grant application is due in September of this year. In addition, Lori Solitro has advised that she has included CDBG funding in the amount of $100,000 in FY 09/10 and another $100,000 in FY 10/11 for the Boundless Playground project. H. Discussion re: City's Attorney Employment Agreement (Commissioner Zischkau). Commissioner Herb Zischkau has asked that the Commission have an opportunity to discuss the City Attorney's employment agreement in an open session of a City Commission meeting on July 21st. The purpose of this discussion is to discuss the City Attorney's continued employment and contract terms with the City. Also, provided for the Commission's consideration is Attorney Trovato's employment agreement for discussion of possible changes and enhancements for continued employment. 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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