City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor John C. Masiarczyk Sr. Vice Mayor Chris Nabicht Commissioner Heidi Herzberg Commissioner Gary Mitch Honaker Commissioner Nancy Schleicher Commissioner Diane J. Smith Commissioner Brian Soukup Monday, December 14, 2015 5:30 PM 2nd Floor Conference Room CITY MANAGER'S AGENDA REVIEW MEETING 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation presented by Commissioner Honaker - Pine Ridge High School Chapter of the Florida Christian Athletes. National Anthem - Pine Ridge High School chorus. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of November 16, 2015 - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A 5. PRESENTATIONS/AWARDS/REPORTS: A. Recognition to Barry Koven, winner of the first “My City: I’m Part of It, I’m Proud of It” photo contest Background: Sunset at Lake Monroe was taken in 2014, using a Nikon 5200 camera with a 200mm telephoto lens. Barry Koven’s love of City of Deltona Page 1 Printed on 12/14/2015 City Commission Agenda December 14, 2015 photography, started in the army in the early 1970’s. He bought a Mamiya Sekor camera from the PX in San Francisco while stationed there and has been taking pictures ever since. His photos focus on sunsets, clouds, nature, flowers, pets etc. and one of his wishes on his bucket list was to be a photographer for National Geographic or for Jacques Cousteau. He moved to Deltona in Aug. of 1978 with his wife, Ellen, and they have been residents for 37 years. Barry is interested in creating a photo book with his wife, incorporating his photography and her writing. B. Recognition to the Four Townes Family YMCA Background: A certificate of recognition is presented to our local YMCA. They have scholarshiped over $255,000.00 in services and goods to Deltona residents that are struggling financially. C. Recognition to the Deltona Wolves Football Team Background: The Deltona High School Wolves Football Team finished a record setting season with a 7-3 record and District Runner-up spot to advance into the state playoffs for the first time in the school ’s history. The District runner-up position came down to the last district game between Matanzas and Deltona. It was Senior Night, Homecoming and a televised game on Bright House Sports Network. It was a great night for the Deltona Wolves. Congratulations to the players, coaches, faculty, staff and fans for their all season long effort and spirit. GO WOLVES !!! D. Super Star Student of the Month Certificates for November 2015 Background: Super Star Student of the Month awards for November 2015 will be presented to: 1. Deltona Lakes Elementary, Cianna Boxberger, 4th Grade 2. Discovery Elementary, Tyrisha Millsap, 5th Grade 3. Enterprise Elementary, Graison Fuller, 5th Grade 4. Forest Lake Elementary, Madison Sanchez, 5th Grade 5. Friendship Elementary, Anthony Aivazis, 5th Grade 6. Pride Elementary, Cali Poczik, 4th Grade 7. Sunrise Elementary, Malachi Walters, 3rd Grade 8. Timbercrest Elementary, Aaron Flam, 1st Grade 9. Deltona Middle, Jeiny Rodriguez, 8th Grade 10. Galaxy Middle, Sierra Blythe, 6th Grade 11. Heritage Middle, Allison Reese, 6th Grade 12. Deltona High, Ed Cronin, 12th Grade City of Deltona Page 2 Printed on 12/14/2015 City Commission Agenda December 14, 2015 13. Pine Ridge High, Valerie Nadeau, 12th Grade 14. University High, Brandon and Nicholas Callegari, 12th Grade 6. CITY COMMISSION SPECIAL REPORTS: 7. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Citizen comments for any items. (4 minute maximum length per speaker) CONSENT AGENDA: All items marked with an * will be considered by one motion 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. 8. CONSENT AGENDA: A. Requesting City Commission Approval to begin negotiations with C.T. Hsu & Associates to design a new Senior Community Center & Gymnasium - Chris Bowley, Planning and Development Services, (386) 878-8602. Background: Staff solicited qualifications packages from architectural firms to provide professional services to design a new Senior Community Center and accompanying gymnasium. A request for qualifications (RFQ) was posted on Demandstar and notifications of the RFQ were sent to 1,072 firms; of which 61 firms downloaded the RFQ, and 18 firms responded. Packages received were distributed to the following selection committee members for review and scoring of the responding firms, based on RFQ’s listed criteria - Gerald Chancellor, P.E., Public Works Director/City Engineer, Chris Bowley, AICP, Planning and Development Director, Steve Moore, Parks and Recreation Director, Ron Paradise, Assistant Director of Planning and Development, and Dave Seaman, Building Department Plans Reviewer. After a complete review of the submittal packages, scores were tallied and a selection committee meeting took place. The committee discussed their scores to create a short-list of firms based on ranked points and whether interviews/presentations were needed. The committee requested interviews/presentations for the three highest scoring firms selected - C.T. Hsu & Associates, P.A., Schenkel-Shultz Architecture, and CPH, Inc. On November 20, 2015, the selection committee interviewed the three highest scoring firms and concluded that all three firms were very qualified and City of Deltona Page 3 Printed on 12/14/2015 City Commission Agenda December 14, 2015 would do a great job on the project. However, in ranked order for the selection of one firm, the following consensus was agreed to by the selection committee: 1. C.T. Hsu & Associates, P.A.; 2. Schenkel-Shultz Architecture; and 3. CPH, Inc. B. Request for approval of Resolution No. 2015-46. Approval of Prior Year (FY 2014/2015) Budget Carry Forward of General Fund funds - Robert Clinger, Finance Department (386) 878-8552. Background: On August 3, 2015 the City Commission approved a budget amendment allocating a portion of the anticipated General Fund surplus for FY 2014/2015 in order to begin certain initiatives. As of the end of FY 2014/2015, there was $557,000 of these initiatives not completed. In addition there remains $175,000 of unspent budget dollars for sidewalk construction. Therefore, this agenda item is to carry forward a total of $732,000 of unspent funds from FY 2014/2015 to FY 2015/2016. This carry forward does have an impact on the FY 2015/2016 budget but the increase was funded, and not spent, in the FY 2014/2015 budget. C. Request to approve the proposed amendment for Fiscal Year 2015-2016 Residential Construction Management (RCMP) Grant Award - Chris Bowley, Planning and Development Services, (386) 878-8602. Background: On May 5, 2015, the Florida Division of Emergency Management announced it was accepting Requests for Proposals for the Residential Construction Mitigation Program (RCMP). Prior to this date, the State held workshops to educate municipalities about the availability of the grant and related program administration. The grant funds are used to retrofit homes to mitigate the damaging effects of high winds. On average, every $1 spent towards mitigation is intended to save $4 in home repairs, according to the Florida Division of Emergency Management (DEM). On April 6, 2015, the City Commission unanimously voted to approve Resolution No. 2015-09 directing the City Manager or his/her designee to apply for the RCMP grant program. On August 27, 2015, City staff submitted an RCMP grant application to the DEM. On September 8, 2015, the City received a Grant Award Letter for the 2015-2016 grant cycle. On October 30, 2015, the DEM RCMP agreement that awarded the City of Deltona $194,000 was signed by all parties and submitted to the State of Florida. As proposed, this request is to add the funds into the 2015-2016 budget to be expended for retrofitting homes and program administration. A City of Deltona Page 4 Printed on 12/14/2015 City Commission Agenda December 14, 2015 budget item currently does not exist in this year’s budget as the amount was not secured until after the budget was finalized. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 28-2015, Rezoning of Property from PB (Professional Business) to C-1 (Retail Commercial), at second and final reading - Chris Bowley, Planning and Development Services, (386) 878-8602. Background: The proposed rezoning includes two contiguous parcels totaling ±2-acres in common ownership; from PB to C-1. The subject property was rezoned to PB with the intent in the past as a transition between Howland Blvd. and single family residential homes to the north of the subject site. The permitted uses in the PB are typically lower in intensity than commercial land uses; however, the C-1 zoning district allows a wider range of permitted uses, when compared to the PB zoning, and allows for both commercial and office uses. The land development pattern for the Howland Blvd. corridor in the immediate vicinity of the subject site is towards commercial development, with the construction of the Dunkin Donuts, Family Dollar, Top Shelf Car Wash, and Racetrac. Therefore, rezoning the property to C-1 would be consistent with City Comprehensive Plan and economic development goals for the area and could also accommodate office development, if requested by an applicant. In addition, there is adequate infrastructure, including traffic capacity to support a more intensive development pattern along the Howland Blvd. corridor. As provided in the Land Development Code, the adjacent residential uses will be separated from commercial development by buffers, setbacks and other compatibility oriented provisions. Given the platting pattern of low density residential homes in close proximity to commercial development and arterial roadways, this land use scenario is found throughout the City. On October 21, 2015, the City Planning and Zoning Board heard the ordinance. Four of the seven Board members were present, establishing a quorum, and voted 2-2 on a motion to recommend approval the ordinance by the City Commission. The motion failed, due to a lack of a majority vote, and the ordinance is then transmitted to the City Commission. On November 2, 2015, the City Commission voted unanimously to approve Ordinance No. 28-2015, at first reading. B. Public Hearing - Resolution No. 2015-42, Variance Request for a 75-SF Sign City of Deltona Page 5 Printed on 12/14/2015 City Commission Agenda December 14, 2015 Area, in lieu of 48-SF Provided in the Sign Code - Chris Bowley, Planning and Development Services, (386) 878-8602. Background: Racetrac has applied for a variance to the sign code to allow 75-SF of sign area, instead of the Chapter 102 (sign code) provided maximum area of 48-SF. The proposed sign would be a monument sign, per the sign code, and is slated to be constructed when the Racetrac site is developed in the future. As proposed, the development will include with 20 fueling bays and a ±5,928 SF foot convenience store. Gas stations are a use that is geared towards serving the travelling public, both locally, and for travelers along Interstate 4. There are provisions in Section 102-106 of the Code of Ordinances for interstate interchange signage to be visible at greater distances for highway oriented land uses, as is typical along interstates. This location, however, is outside of the required 600-ft. to utilize that sign code section (±800 LF is the closest point of the property to the I-4 right-of-way). With the proposed FDOT widening of Saxon Blvd. that will also increase volume in front of this site, there is logic to allow for the variance to match the future roadway arterial facility. Further, the proposed widening may not include any commercial development to the south of this site, so cumulative effects may be minimized. In researching the nearby Publix sign at ±60-SF in sign area and the Racetrac along Saxon Blvd. in Orange City (at the same interchange with a ±75-SF sign area), a ±75-SF sign area for this site can be warranted. Staff is in the process of an entire rewrite of the sign code, particularly in light of new case law for signage. However, the timing to rewrite, publicly scope, and process an ordinance to create a new Chapter 102 may not comport to the timing for this project. On November 18, 2015, the City Planning and Zoning Board heard this variance application and recommended that the City Commission not approve the request, citing that an increase in signage area is not warranted for the project, due to a lack of an established hardship . Based on the research conducted, the proposed expansion of Saxon Blvd., and the fact that the site and sign are similarly situated to comparable sites, staff recommends that the variance application be granted. C. Public Hearing - Request for approval to submit the Program Year 2014-2015 CDBG Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) - Chris Bowley, Planning and Development Services, (386) 878-8602. City of Deltona Page 6 Printed on 12/14/2015 City Commission Agenda December 14, 2015 Background: The CAPER is a summary of activities accomplished under Title 24 of the federally funded Community Development Block Grant (CDBG) program that is administered by the City’s Planning and Development Services Department. The CAPER report is submitted in accordance with the regulations governing consolidated submissions for Community Planning and Development Projects (24 CFR 91.520) and CAPER requirements, as directed by HUD. The purpose of the CAPER is to report the City’s proper use of HUD grant funds for the various activities and projects conducted during a program year (PY). The majority of the activities and projects include park improvements, housing rehabilitation, and public services. The CAPER is associated with the CDBG Five-Year Consolidated Plan (CP) that establishes strategic goals for City CDBG activities illustrated within the Annual Action Plan (AAP). The current CP is for PY 2013-2017 and, every year, the AAP is updated to report the implementation of the CP. The CAPER consists of narratives and tables that describes progress towards proper spending of the grant funds and highlights efforts made by the City to improve the quality-of-life for our residents. Finally, in accordance with the required citizen participation plan, the City has observed a 15-day public comment period and no comments were received either verbally or in writing within that period. 10. OLD BUSINESS: 11. NEW BUSINESS: A. Request for consideration and Approval of Amended Interlocal Agreement between Halifax Hospital Medical Center and the City of Deltona - Becky Vose, Legal Department (407) 448-0111. Background: Bill Griffin, Director, Research and Planning, for Halifax Health will present a power point presentation in support of an Amended Interlocal Agreement between Halifax Health Medical Center and the City of Deltona. At the Regular Commission Meeting of April 1, 2013, the City Commission approved an Interlocal Agreement between Halifax Hospital Medical Center and the City of Deltona. Halifax has requested to amend said agreement. The reason for the amended Interlocal Agreement is to recognize the new construction planned in the City. They need the amendment from a legal standpoint, because Deltona is outside of their taxing City of Deltona Page 7 Printed on 12/14/2015 City Commission Agenda December 14, 2015 district, and if they have an Interlocal Agreement with a governmental entity outside of their taxing district where they have a facility, they are permitted to get additional legal protections that they would otherwise not have. B. Consideration of appointment of seven (7) members to the Parks and Recreation Advisory Board. - Joyce Raftery, City Clerk, (386) 878-8502. Background: The terms of all seven (7) members of the Parks and Recreation Advisory Board will expire on December 31, 2015. All of the current members have expressed that they wish to be re-appointed to this Board with the exception of Lonnie Wilson and staff has been unable to reach member Jimmie Stone. The City has run press releases, posted the openings on D-TV, the City's web page and bulletin boards. To date the City has received applications from the following individuals: Michelle O’Connor and Smiley Thurston. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: Trash Removal. 14. CITY COMMISSION COMMENTS: 15. 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, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 8 Printed on 12/14/2015