REGULAR CITY COMMISSION MEETING
MONDAY, DECEMBER 17, 2007
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 - December 3, 2007.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length)
7. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Approval of Contract for Purchase of Vacant Land located at 1917 E. Anchor Drive (Parcel #8130-03-58-0130). LOCATION: Lot 13, Block 119, DELTONA LAKES UNIT 3, Per OR 2986, Page 1720; Parcel ID No.: 8130-03-58-0130; to-wit: 1917 E. Anchor Drive, Deltona, Volusia County, Florida. BACKGROUND: The City of Deltona proposes to widen Normandy Boulevard from Saxon Boulevard to Firwood Drive. Normandy Boulevard is an existing two-lane city roadway. The proposed improvements are required to accommodate future traffic demand safely and efficiently. Certain properties are required for the planned widening project of Normandy Boulevard. One of those properties, a vacant parcel, located at 1917 E. Anchor Drive, Deltona, owned by Richard C. Woodward and Ann M. Woodward, is the subject of an executed Contract for Sale and Purchase in the amount of $55,000.00. The purchase price was negotiated by the City Attorney and the City Manager. The Contract for Sale and Purchase has been executed by the City Manager, conditioned on approval and acceptance by the City Commission.
Should the City Commission approve the purchase of this property, a closing date of December 21, 2007 has been set. B. Public Hearing - Approval of Contract for Purchase of Vacant Land located at 1927 E. Anchor Drive (Parcel #8130-03-58-0140).
LOCATION: Lot 14, Block 119, DELTONA LAKES UNIT 3, Per OR 2986, Page 1720; Parcel ID No.: 8130-03-58-0140; to-wit: 1927 E. Anchor Drive, Deltona, Volusia County, Florida. BACKGROUND: The City of Deltona proposes to widen Normandy Boulevard from Saxon Boulevard to Firwood Drive. Normandy Boulevard is an existing two-lane city roadway. The proposed improvements are required to accommodate future traffic demand safely and efficiently. Certain properties are required for the planned widening project of Normandy Boulevard. One of those properties, a vacant parcel, located at 1927 E. Anchor Drive, Deltona, owned by Richard C. Woodward and Ann M. Woodward, is the subject of an executed Contract for Sale and Purchase in the amount of $55,000.00. The purchase price was negotiated by the City Attorney and the City Manager. The
Contract for Sale and Purchase has been executed by the City Manager, conditioned on approval and acceptance by the City Commission.
Should the City Commission approve the purchase of this property, a closing date of December 21, 2007 has been set. C. Dangerous Dog Classification Hearing - Owners: Daniel & Rosa Muriel; 182 Rosedale Drive (QUASI-JUDICIAL PROCEEDING). Background: Following an investigation, the animal control officer involved has made an initial determination that there is sufficient cause to classify the German shepherd known as Charlie as dangerous. On November 23, 2007 the animal control officer was paged out for an emergency response to an aggressive animal. Upon arrival, the officer spoke with Allison Basnight who stated the German shepherd from 182 Rosedale had approached her causing her to fall onto the ground and sustain injury. The officer has provided written notification to the owner as required by Florida Statutes. The owner received such notification and has filed a written request for a hearing by the City Commission to make final determination as to whether the dog shall be classified as dangerous. Staff recommendation: To find the German shepherd known as "Charlie" dangerous under City Ordinance No. 20-2002, Division 3 Dangerous Dogs, Section 14-166 Classification which adopted and incorporated by reference F.S. § 767.12. through F.S. § 767.16. D. Ordinance No. 34-2007, Amending Chapter 46, Firefighters' Pension Plan, by amending the definition of creditable service, and other provisions related to the Firefighters' Pension Plan, for first reading. This proposed Ordinance includes a number of changes resulting from recent amendments to the Internal Revenue Code which apply to tax qualified pension plans such as the City's Firefighters' Pension Plan. Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option.
Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax-qualified pension plans.
Various sections of the Plan have also been amended to eliminate any mandatory cash distributions in excess of one-thousand dollars. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Scott Christiansen, of Christiansen & Dehner, P.A., as the Firefighters' Pension Plan, Board of Trustees' legal counsel, has prepared this subject Ordinance and is recommending it for approval by the City Commission. The Board of Trustees have also reviewed the Ordinance and are recommending it for approval. If approved at first reading, the Ordinance will be scheduled for second and final reading on January 7, 2008.
8. OLD BUSINESS: A. Appointment of one (1) member to the City's Parks & Recreation Advisory Committee - Commissioner Treusch's appointment (tabled December 3, 2007). The terms of all of the current members of the Parks & Recreation Advisory Committee expired on December 3, 2007. On December 10, 2007, the Commission appointed or re-appointed six (6) members to the Parks & Recreation Advisory Committee each for a one (1) year term of office. At that time, Commissioner Treusch asked to delay the appointment of his representative to the Committee until the next Commission meeting. Commissioner Treusch has since advised staff that he wishes to re-appoint Danah Grant to this Committee. This agenda item is for the confirmation of Mrs. Grant's re-appointment to this Committee. B. Appointment of one (1) member to the City's Beautification Advisory Board - Commissioner Zischkau's appointment (tabled November 19, 2007). The terms of all of the members of the Beautification Advisory Board expired on November 30, 2007. On November 19, 2007, the Commission appointed or re-appointed six (6) members to the Beautification Advisory Board each for a one (1) year term of office. At that time, Commissioner Zischkau asked to delay the appointment of his representative to the Board until the next Commission meeting. Commissioner Zischkau has since advised staff that he has selected Leon O. Watkins as his appointee to this Board. Mr. Watkins will submit his application for this Board appointment prior to the City Commission meeting and a copy will be provided to the Commission. This agenda item is for the confirmation of Mr. Watkin's appointment to this Board.
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. 9. NEW BUSINESS: *A. Request for waiver of fees - YMCA 2nd Annual Native American Pow Wow - January 18 - 20, 2008. The City has received a request from Denise Nytrom, Program Director, of the Deltona YMCA 2nd Annual Native American Pow Wow for waiver of the applicable permit fee from the City for their event scheduled for January 18 - 20, 2008, on their athletic field. Subsequent to this request for waiver of the permit fee, staff routes the requests to the various City departments to determine if there are other costs associated with this event. The Sheriff's Department's response provided that the application is approved with multiple conditions (copy of October 29, 2007 email attached) requiring the use of electronic message boards, light towers, generator and Public Works' staff time to set-up and remove this equipment. Given the conditions required by the Volusia County Sheriff's Department, the YMCA has requested that the fees associated with equipment rental of Public Works' staff time be waived as well.
The costs associated with the request for waiver of fees, equipment rental/use and staff time includes the following: Permit fee - $ 50.00
Parks & Recreation - No fees
Fire/Rescue - No fees
Sheriff's Dept. - No fees
Public Works - 1,800.00
Total - $1,850.00 *B. Request for waiver of fees - Martin Luther King Festival in the Park - January 21, 2008.
The City has received a request from Mike Williams, Chairman, of the Deltona MLK Celebration Committee for waiver of the applicable permit fee, park reservation fee, and Parks & Recreation staff time associated with the 2008 Martin Luther King Festival in the Park scheduled for January 21, 2008, at Manny Rodriguez Park. The costs associated with the request for waiver of fees and City staff time includes the following: Permit fee - $ 50.00
Parks & Recreation - 503.20
Park reservation fee - 120.00
Fire/Rescue - No fees
Sheriff's Dept. - No fees
Public Works - No fees
Total - $ 673.20 *C. Award of Bid #0822, Community & Conference Center Renovation Project. The City has received ten bids for the Old Library Community/Conference Center Renovation Project, and is recommending acceptance of the low bid. The scope of services includes the remodeling and renovations of the existing building located at 1691 Providence Boulevard, most recently occupied by the Volusia County Sheriff's Department and originally built and operated as a library. The new building is being renovated to serve as a Community and Conference Center for the City of Deltona, offering meeting space and community use. As tentatively discussed with the Commission, social services agencies, including Community Outreach, will occupy half of the building at least for the next year through an annual lease yet to be negotiated. The City's Code Compliance offices will occupy the other half and serve as the building operators. The Commission has directed that the renovations should be accomplished as quickly as possible to accommodate the upcoming use by the non-profit agencies. On approval of the bid, this phase of the project will require 120-150 days for completion. This project does not include crucial site work necessary to correct drainage and parking problems, and these will have to be designed and funded later in the next few months or with future appropriations. The building is approximately 8,000 square ft, and due to the placement of structural walls the attached floor plan generally follows the initial concept of the original library, with large meeting rooms and support facilities. The entire interior of the building has been gutted and the building will be totally remodeled with new HVAC, a sprinkler system, two large meeting spaces, new restrooms, a breakroom and kitchen, offices and a new roof. The contractor will be responsible for any building and construction permits required. Bids were received from the following companies: ﾧ Southern Building Services, Inc. $ 529,000.00
ﾧ GMC Construction $ 539,758.00
ﾧ Air Ideal, Inc. $ 584,631.00
ﾧ Peak Contracting, Inc. $ 586,000.00
ﾧ Johnson-Laux Construction $ 588,000.00
ﾧ Marbek Construction Co. $ 594,997.00
ﾧ Southmass Construction, Inc. $ 602,788.00
ﾧ T&G Constructors $ 613,100.00
ﾧ The Watauga Company $ 623,000.00
ﾧ Kenyon & Partners, Inc. $ 623,621.00 The low bid was received from Southern Building Services, Inc. at a total cost of $529,000.
D. Award of Bid #0819, Campbell Park Improvements Project. The City has received a grant for improvements to Campbell Park. The City has received ten bids for this project, and is recommending acceptance of the low bid. The scope of services includes the purchase and installation of a gazebo, a boardwalk, pavilions, a fiber mulch trail, a playground, picnic tables, trash receptacles, a tennis court, a volleyball court, floating docks, a canoe rental building, a two story overlook and other miscellaneous improvements. The contractor will be responsible for any building and construction permits required. Bids were received from the following companies: ﾧ C&L Landscape, Inc. $ 521,639.00
ﾧ Saboungi Construction, Inc. $ 579,400.00
ﾧ Envirocare Construction, Inc. $ 614,950.00
ﾧ Johnson-Laux Construction $ 615,000.00
ﾧ Southern Building Services, Inc. $ 646,500.00
ﾧ Commercial General Contracting $ 650,874.72
ﾧ The Collage Companies $ 653,914.00
ﾧ CEM Enterprises, Inc. $ 729,589.64
ﾧ Aagaard-McNary Construction, Inc. $ 792,462.00
ﾧ Conpilog Construction $1,077,000.00 The low bid was received from C&L Landscape, Inc. with a total bid of $521,639. The bid stated they would have the job completed in 90 days from the date of issuance of the Notice to Proceed.
*E. Award of Bid #0830, Detectable Warning Mats. The City has received seven bids for the Detectable Warning Mats for use on Walking Surfaces. Detectable Warning Mats are used on Sidewalk Walking Surfaces in accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Bids were received from the following companies: ﾧ ADA Solutions $ 109,150.00
ﾧ A. A. Casey Co. of Daytona, Inc $ 69,390.00
ﾧ Action Bolt and Tool $ 69,390.00
ﾧ Construction Materials, Inc $ 69,390.00
ﾧ Ernie's Tools & Specialty Co. $ 69,390.00
ﾧ Professional Pavement Products, Inc. $ 60,863.00
ﾧ May Construction $ 17,000.00 The low bid was received from May Construction at a total cost of $17,000 but it was incorrectly bid and therefore their bid was rejected. The second low bid was received from Professional Pavement Products, Inc. at a total cost of $60,863.00. *F. Award of Cranbrook Avenue Mater Main Improvements project to P & S Paving, Inc.
Location: Cranbrook Avenue between Saxon Boulevard and Persian Street Background: Due to multiple pipe failures, the existing 6-inch AC water main on Cranbrook Avenue between Saxon Boulevard and Persian Street needs to be replaced. The improvement consists of the installation of approximately 1,100 linear feet of 6-inch PVC pipe. To complete this project, and as allowed in City/State policy, staff is recommending that the City piggyback Volusia County contract # C-1228, which was solicited by Volusia County under Bid # 07-B-54AR. Volusia County approved award and entered into a contract with P & S Paving Inc. on April 5, 2007.
*G. Award of Courtland Blvd. Utilities and Improvements project to P & S Paving, Inc.
The Volusia County School Board will be constructing a new school facility on Haulover Blvd. Pursuant to an agreement between the School Board and the City of Deltona for the purchase of (5) acres (+) or ( - ) to construct a new fire station, this project involves extending the existing wastewater system to the School Board property line and improvements to the existing water distribution network to provide domestic demand and fire protection. This project will consist of the installation of approximately 2,000 linear feet of wastewater force mains and 3,500 linear feet of potable water mains. To complete this project, and as allowed in City/State policy, staff is recommending that the City piggyback Volusia County contract # C-1228, which was solicited by Volusia County under Bid # 07-B-54AR. Volusia County approved award and entered into a contract with P & S Paving Inc. on April 5, 2007.
*H. Resolution No. 2007-49, Amending Resolution No. 2006-20, which established the City's Beautification Advisory Board to include the Board serving as the City's Tree Advisory Board. The City Commission of the City of Deltona adopted Resolution 2006-20 on May 15th, 2006, establishing a Beautification Advisory Board to make recommendations to the City Commission concerning beautification needs of the community by implementing a City wide beautification and appearance improvement program. The City has emphasized landscaping, preservation and tree protection, and this emphasis has qualified for recognition under the Tree City USA program. With clarification of the duties of the Beautification Advisory Board to include tree proliferation and preservation, Deltona will meet the last of four criteria to be recognized as a Tree City USA. By these amendments, the board's name will be changed to be "Beautification and Tree Advisory Board". The By-laws necessary to govern the manner and form in which the Beautification and Tree Advisory Board will operate are changed accordingly. I. Discussion and Approval of 2008 Legislative Agenda Items. At the November 26th Commission work session, the Commission made recommendations regarding legislative priorities, issues and funding requests. Issues of concern: • Growth Management - The City will support legislation that fully funds state growth management mandates; increases technical assistance for implementing state growth management requirements; provides cities with revenue sources to meet financial feasibility requirements and infrastructure demands; revises concurrency requirements in to address urban sprawl, urban infill and redevelopment; and ensures municipal control over land use planning within their jurisdiction.
• Transportation - The City will support legislation that provides for an equitable, dedicated and reoccurring revenue source for city transportation projects. The City will support legislation that prohibits the FDOT from eliminating, deferring, or delaying capacity improvement projects contained in the five year work plan when the projects are within three years of construction and the removal of the project will adversely impact the comprehensive plan of the city.
• Environmental Permits - The City will support legislation that improves public notice and participation in state environmental permitting processes and that requires notification by state agencies to city governments of permit applications made within the city's jurisdiction. In addition the City of Deltona is bringing forward three Community Issue Budget Requests (CBIR). Each request will be for a total of $1 million per project and if award will be used to leverage and match other funding sources.
- The City supports as its first priority the construction of a boundless playground for both disabled and able bodied children. The City will also seek out additional funding through the grant process.
• Public Safety Complex - The City supports as its second priority the construction of a new, state of the art public safety complex that will enhance fire protection, public safety and increase community outreach as well as serve as the City's Emergency Operation Center (EOC).
• Social Services Complex - The City supports as its third CIBR priority the acquisition of property for the construction or rehabilitation of an existing structure to serve as a social services complex. The complex will provide space for social service providers to bring crucial services to the City and West Volusia County.
The City will also monitor and respond to additional legislative issues that may arise during the 2008 Florida Legislative Session. J. Appointment of one (1) member to the City's Planning & Zoning Board. Mr. Rafael A. Valle (appointed by Commissioner Zenaida Denizac - District 1) to the City's Planning & Zoning Board has resigned from the Board effective November 21, 2007. The City has run a press release, and posted the opening on the City's WebPage and bulletin boards. To date, the City has received applications from the following interested individuals: Alicia Alonzo-Welch, Brian Alan Johnson, Veronica Kenny, Leon Pike, and Kenjo-Sayeed ZaBulungi. K. Discussion & approval of Sales Agreement Extension for Howland Blvd. property proposed for the City's Public Safety Complex. On December 3, 2007, the Commission discussed possibly extending or canceling the sales agreement with the owners of the property on Howland Blvd. which has been considered for the location of the new Public Safety Complex. The City Manager's memo dated December 7, 2007 (copy attached) explains in detail the actions taken with regard to the initial selection of the proposed site, and the second potential site as identified during the December 3rd Commission meeting.
The Howland Blvd. property owners have tentatively agreed to the extension, if the Commission chooses to extend the agreement, without an additional financial cost, but with an addendum giving the City two termination options:
• City to have the ability to terminate the sales agreement if scrub jays are located on the site;
• City to have the ability to simply terminate the sales agreement, losing the City's $5,000 deposit.
L. Discussion and Approval of Compensation for Acting City Attorney.
On November 19, 2007, George J. Trovato was appointed as Acting City Attorney in accordance with the City Charter at his current salary. However, no elaboration on other benefits was provided at that time, including the provision of a vehicle or cell phone allowance. Pursuant to Section 7(c) of the City Charter, Compensation of the Charter Officers is fixed by the City Commission, and on December 10, 2007 the City Commission requested that this matter of consideration be placed on the agenda for discussion. M. Discussion re: Selection of Attorneys to assist with review of City Charter issues.
On November 19, 2007, the Commission discussed asking for an outside review of Mayor Mulder's memo of June 22, 2007 requesting the previous City Attorney's resignation. At this meeting, the Commission also asked that the City Manager provide a list of attorneys potentially feasible without conflict to review and provide guidance on this issue to the Commission (copy attached). On December 10, 2007, Mayor Mulder asked that the Commission look at the issue "in its totality" to include review of how the Special Commission Meeting held on June 23, 2007 was called. After discussion at the workshop, the Commission agreed to schedule this matter as an agenda item for December 17th's Regular Meeting since the scope of the subject matter has changed.
10. CITY COMMISSION COMMENTS: 11. CITY ATTORNEY COMMENTS: A. Request for Executive Session re: pending litigation. 12. CITY MANAGER COMMENTS: 13. 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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