City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Monday, April 18, 2016 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 Smith 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 April 4, 2016 - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: April 4, 2016 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Recognition to Christian Estridge, Ricky Dobbyn and Malachi Walters who were chosen to participate in the DMAXX All-American Youth Football Bowl Game in New Rochelle, New York. Background: Deltona residents, Christian Estridge, Ricky Dobbyn and Malachi Walters were selected from athletes around the country to play in the DMAXX All-American Youth Football Bowl Game in New Rochelle, New York. This elite event will take place June 29th - July 3rd and there are 2 teams consisting of 25 members per team for grades 3rd through 8th. Christian will play center and Ricky will play quarterback for the 4th grade. Malachi will play quarterback for the 3rd grade. City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda April 18, 2016 Christian and Ricky attend Spirit Elementary and Malachi attends Sunrise Elementary. Attachments: Recognition-DMAXX Youth Football B. Recognition to Brielle Walker - State of Florida Goodwill Ambassador for the Muscular Dystrophy Association Background: Brielle, a vivacious seventeen-year-old from Deltona, FL, has been named State Goodwill Ambassador for the Muscular Dystrophy Association. As the new State Goodwill Ambassador, Brielle will make public appearances throughout the state, representing kids and adults with muscular dystrophy, ALS and related life-threatening diseases that severely weaken muscle strength and mobility in Florida. In Brielle’s new role, she will be essential in motivating the public to support MDA’s mission by donating funds and raising awareness to help provide families with life-saving resources and support that will open new possibilities - so that individuals just like her can live longer and grow stronger. Brielle is the daughter of Natasha Durham. She was diagnosed with Facioscapulohumeral Muscular Dystrophy (FSHD) at the age of eleven. FSHD is one of the muscle diseases covered by MDA’s research and care programs. Brielle’s passions include art, government, and social issues. She hopes to study sociology after high school. Brielle enjoys attending the MDA Gala. She loves rock climbing and swimming at camp and has been an MDA camper since 2012. She loves to travel and has seen most of the East Coast. One day she plans to run for city council. The MDA State Goodwill Ambassador program helps put a face on MDA’s mission by calling upon individuals affected by muscle-debilitating diseases to share their personal stories and inspiring support of MDA. Former ambassadors have grown up to fulfill life goals and achieve distinction, earning advanced degrees and making their marks as successful business professionals. Many continue in volunteer roles for MDA, serving on various committees on public awareness and appearing at large events to tell MDA’s story of progress. C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda April 18, 2016 Background: Quarterly Reports of City Advisory Boards/Committees: 1) Parks and Recreation Advisory Committee - (Written Report Only) · Senior Advisory Sub-Committee · Youth Advisory Sub-Committee · Citizen Accessibility Advisory Sub-Committee 2) William S. Harvey Deltona Scholarship Advisory Report - (Written Report Only) 3) Affordable Housing Advisory Committee - (Written Report Only) 4) Ordinance Review Committee - (Written Report Only) Attachments: P&R 2016 First Quarter Report WSH 2016 First Quarter Report AHAC 2016 First Quarter Report ORC 2016 First Quarter Report 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: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 09-2015, Amending Section 110-806 of the Land Development Code for Fences, Walls, and Hedges, at first reading - Chris Bowley, Planning and Development Services, (386) 878-8602. Strategic Goal: Economic Development: Update the Economic Development Plan including the Land Development Code (LDC). Background: In 2015, the City Commission created the Ordinance Review Committee (ORC) to review specific ordinances that they direct to the ORC. The first item for ORC review was Ordinance No. 09-2015, City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda April 18, 2016 which amends Section 110-806 of the LDC pertaining to fences, walls, and hedges. The initial concept was to focus on hedge heights within front yards, particularly how they relate to visibility between the sidewalk and driveway for public safety. The ORC reviewed the ordinance and made recommendations that also apply to the entire lot, specifically screen material height and opacity percentage (see attached). On February 22, 2016, Ordinance No. 09-2015 was also reviewed by the City Commission at their workshop and additional recommendations were made to the ordinance. On March 16, 2016, the Planning and Zoning Board review both the ORC and City Commission recommendations and unanimously voted to recommend adoption of the ordinance by the City Commission. Attachments: Ordinance No. 09-2015 B. Public Hearing - Ordinance No. 12-2016, Comprehensive Plan Amendment adding Tivoli Drive between Saxon Blvd. and Providence Blvd., to the City’s Thoroughfare Map, at first reading - Chris Bowley, Planning and Development Services, (386) 878-8602. Strategic Goal: Fiscal Issues: Transportation/CIP (i.e. Tivoli Drive Expansion). Background: The expansion of Tivoli Drive has been a long-standing discussion by past City Commissions to the extent that construction plans were begun and not completed. There was also discussion about that expansion receiving transportation planning organization (TPO) or other grant funding. No alternative funding can occur without the roadway being placed on the City’s Thoroughfare Map within its Comprehensive Plan as a long-range project. Ordinance No. 12-2016 and supplemental documents (see attached) are for a policy decision. This project is one of several submitted to the River to Sea TPO to receive funding. Inclusion of this segment of Tivoli Drive on the City’s Thoroughfare Map makes it eligible to receive TPO or other agency funding. As proposed, the rational nexus for widening Tivoli Dr. is a response to continued growth in Deltona and the importance of Tivoli Dr. as a regional-serving road to the area roadway network. Finally the Planning and Zoning Board reviewed this application at their March 16, 2016, public hearing and voted 3-3 (for and against, with one member absent) on the ordinance. Attachments: Ordinance No. 12-2016 Staff Report 022416 Tivoli Drive Map EXHIBIT A_ThoroughfareDesignation_resized EXHIBIT B_14 Numb_Lanes_map 2015 resized Exhibit C Roadway Lanes Table City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda April 18, 2016 C. Public Hearing - Ordinance No. 13-2016, Creating a new Article II, “Distribution of Unsolicited Materials,” of Chapter 38, “Environment,” of the Code of Ordinances, at first reading and to schedule second reading - Becky Vose, Legal Department (407) 448-0111. Strategic Goal: Public Safety - focus on the City’s beautification program. Background: This ordinance would prohibit and prevent the indiscriminate throwing of unsolicited newspapers, handbills, advertisements, or other paper materials on lawns, driveways, rights of way, or porches, when such materials can be blown around, can cause unsightly littering and the clogging of storm drains, and can cause the general decrease in the aesthetic quality of neighborhoods with associated lowering of property values. Attachments: Ordinance No. 13-2016 (Distribution of Unsolicited Materials) D. Request for Approval of Ordinance No. 17-2016, Amending the Firefighters’ Pension Plan to Comply with Internal Revenue Code and its Associated Regulations and to add a Share Plan as a requirement of the recently adopted Chapter 2015-39 Laws of Florida - Becky Vose, Legal Department - (407) 448-0111. Strategic Goal: Internal & External Communication - Improve Intergovernmental Coordination Background: With the recent adoption by the Florida Legislature of Chapter 2015-39, Laws of Florida, and changes to the Internal Revenue Code (IRC) and its associated regulations, as well as guidance from the Internal Revenue Service (IRS), the City is bringing forth amendments to the Firefighters’ Pension Plan in order to comply with these new regulations. The changes in Sections 1 through 8 of the proposed Ordinance reflect the changes needed to comply with the revised IRS requirements . Sections 1 through 7 represent clarifications of definitions while Section 8 addresses IRS changes in connection to the Deferred Retirement Option Plan (DROP). Section 46-26, Definitions; is being amended for IRC changes and requirements, to amend the definitions of: i) “Creditable” (or “Credited”) Years of Service to clarify IRC regulations on leave conversions; ii ) “Firefighter” to update a reference in Florida Statutes; and iii) “Spouse” to clarify the definition in accordance with a recent US Supreme Court ruling. City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda April 18, 2016 Section 46-27, Participation-Conditions of Eligibility, is amended to limit those individuals eligible to opt-out of the system, to comply with recent IRC Treasury Regulation requirements. Section 46-29, Finances and Fund Management, is amended to further incorporate recent IRC requirements with regard to investments in commingled funds. Section 46-33, Benefit amounts and eligibility, is being amended to change the Normal Retirement Date to include IRC required language regarding Normal Retirement Age and Normal Retirement Date. Section 46-35, Disability, is being amended to more clearly identify those individuals who may be eligible to apply for a disability pension who have been terminated by the City due to medical reasons. Section 46-43, Maximum Pension, has had several subsections amended to comply with IRC changes. Section 46-44, Minimum· Distribution of Benefits, is being amended for a reference clarification in subsection (b)(2)d. Section 46-54, Deferred Retirement Option Plan, is being amended in accordance with recent direction from the IRS in connection with the issuance of several recent Favorable Determination Letters to: i) clarify investment returns on DROP accounts, ii) clarify when interest and earnings are calculated and paid, and iii) add several sections clarifying the DROP provisions as required by the IRS. Section 9 adds Section 46-59, “Supplemental Benefit Component for Special Benefits; Chapter 175 Share Accounts”. The adoption of a “Share Plan” is a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension plans that are subject to the provisions of Chapter 175. This Ordinance has been prepared by the Firefighters’ Pension Plan ’s Pension Attorney and has been reviewed and approved by the Firefighters’ Pension Board of Trustees. Attachments: O-17-2016 Revised FF Pension Ordinance E. Approval of Ordinance No. 20-2016; Amending Chapter 94, “Impact Fees,” Section 94-8, “Payment,” of the Code of the City of Deltona; Changing when Impact Fees are Paid and Conditions of Payment, for first reading. - Becky Vose, Legal Department (407) 448-0111. City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda April 18, 2016 Strategic Goal: City infrastructure improvement and related funding. Background: Ordinance No. 20-2016 revises the regulations regarding the payment of impact fees; changing when impact fees are paid and the conditions of payment. Formerly, impact fees were due prior to certificate of occupancy, but under the new ordinance, they will be due upon issuance of building permit. Attachments: Ordinance No. 20-2016 F. Request for approval of the 2016-2017, 2017-2018 and 2018-2019 SHIP Local Housing Assistance Plan - Resolution No. 2016-14 - Chris Bowley, Planning and Development Services (386) 878-8602 Strategic Goal: Fiscal Issues, Maintain On-going Grants. Background: The City is an entitlement community and receives funds from the Florida Housing Finance Corporation (FHFC) through the Strategic Housing Initiatives Partnership (SHIP). Every local government that participates in the SHIP program is required to adopt a Local Housing Assistance Plan (LHAP). An LHAP contains strategies that outline how SHIP money can be allocated within an entitlement community. This is what has been done for the three (3) years the City has received the funds. The FHFC requires that a local government LHAP be updated every three years. The intent is to ensure a plan does not become stale and it reflects current community values. To adhere to the FHFC LHAP update requirement, City staff has proposed changes to the Deltona LHAP. These changes have also been reviewed by the City Affordable Housing Advisory Committee (AHAC) and the AHAC recommends that the City Commission approve the updated LHAP and transmit the LHAP to the Florida Housing Finance Corporation for Review. A copy of the updated LHAP is attached. The updated LHAP represents a significant rewrite with some fundamental changes including a new format. Ideally, the new LHAP would have been presented in an underline and strikethrough style. However, it was not feasible to present the changes in an underline and strikethrough style due to the required format change. In an effort to assist in the review of the revised document, major changes to the LHAP are summarized as follows: 1) Format has changed to comport with the style preferred by the FHFC; 2) The Acquisition and Rehabilitation of Homes strategy has been City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda April 18, 2016 eliminated. This strategy was intended to bolster the City Neighborhood Stabilization Program (NSP). However, NSP is coming to a close and this strategy is no longer needed; 3) Addition of two new strategies to include Rental Assistance and a Central Sewer Assistance. The Rental Assistance strategy is intended to help people that may be behind on rent to help avoid housing loss . The Central Sewer strategy will help low income individuals defray the costs of central sewer connection if and when such an event comes to fruition. In addition, the Rental Assistance strategy will promote homeless prevention which is a major City goal; and 4) Other changes to existing strategies to provide clarification or ease implementation. Attachments: LHAP 2017-2019 Mar 18 Exhibit A - Admin Budget 2017-2019 Exhibit B - Timeline for SHIP Expenditures Exhibit C - Housing Delivery Goals Chart - 2017-2019 Exhibit D - 50-Certification Form - effective 10-2014 Exhibit E - Resolution LHAP 2017-2019 Exhibit F - Program Information Sheet 2017-2019 10. OLD BUSINESS: 11. NEW BUSINESS: A. Request for approval of the City of Deltona Fiscal Year (FY) 2016 HOPWA Grantee Re-Designation Agreement - Chris Bowley, Planning and Development Services, (386) 878-8602. Strategic Goal: Economic Development - Create more diversified and high-quality housing opportunities. Background: The City of Deltona (City) qualifies as an ‘entitlement community’, as defined by the U.S. Department of Housing and Urban Development (HUD). HUD grant funds are often provided for Housing Opportunities for Person with AIDS (HOPWA) for statistical areas nationwide. The statistical area that the City is within is named for the largest municipality, in this case the Deltona-Daytona Beach-Ormond Beach Municipal Statistical Area (MSA), and the HOPWA funds are intended to serve that entire area. Thus, our MSA includes all of Volusia and Flagler Counties and the FY2016 CDBG HOPWA funds total $383,437 for that area. City of Deltona Page 8 Printed on 6/3/2020 City Commission Agenda April 18, 2016 A separate factor from the amount of funds, is the ability to effectively operate the HOPWA program. This entails administration of the funds, often performed by health experts. Thus, in past years, the City re-designated its HOPWA funds to the Florida Department of Health (Health Department) as the experts with the capacity and regional presence to serve City residents within the MSA. This has resulted in care being administered, as well as an intergovernmental partnership between the City, HUD, and the Health Department. Based on the above, this proposal is to re-designate the FY2016 HOPWA allocation to the Health Department to continue that administrated care and partnership. As has been done in the past, the City through the attached agreement, also requests that the re-designated HOPWA funds be utilized within our MSA. Attachments: 2016 HOPWA Allocation Letter HOPWA FY 2016 Re-Designation Agreement 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 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 9 Printed on 6/3/2020