City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Monday, May 16, 2016 5:30 PM 2nd Floor Conference Room CITY MANAGER AGENDA REVIEW MEETING 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Schleicher - Rev. Dr. Mark Winkler from Emmaus Lutheran Church 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 May 2, 2016 - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 2, 2016 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Emergency Medical Services Week Background: A proclamation for Emergency Medical Services Week, May 15-21, 2016 with the theme, “Called to Care” to recognize members of emergency medical services teams who are ready to provide lifesaving care to those in need 24 hours a day, seven days a week. Attachments: Emergency Medical Services Week B. Recognition to Local VCSO Employees for Their Achievements City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda May 16, 2016 Background: Citizen Observer Volunteer Sonia Cortes - Recognized as the Volusia County Sheriff’s Office Volunteer of the 4th Quarter for 2015. Cortes volunteers numerous hours with the Citizen Observer Program (C.O.P.), where she helps recruit new volunteers with her exceptional organizational skills and attention to detail. Auxiliary Volunteer Sandra Carlson - One of the many generous volunteers who give their time to support the VCSO, was recognized for her friendly, outgoing demeanor and willingness to help in the District 4 office. K9 Deputy Brett Whitson and K9 Endo - K-9 Endo and his handler, Deputy Brett Whitson, were each honored - Whitson as Deputy of the 4th Quarter 2015, and Endo with a Purple Heart and a Medal of Valor. K9 Endo was awarded these medals for his efforts on a call involving an armed, fleeing suspect. Despite being shot in the neck during the incident, Endo remained vigilant and poised and was willing to re-engage the suspect in order to protect the lives of his fellow deputies. Three hours after the awards ceremony ended, Whitson and Endo were back at it, capturing a driver who fled from a traffic stop and into Brevard County. And a month later, yet another Endo call-out resulted in the following headline from WFTV Channel 9: Even suspect impressed by decorated Volusia County K-9 Endo. Investigator Jayson Paul - Investigator Paul, nominated for honors twice in 2015, and selected as the Investigator of the 1st Quarter 2015, Investigator of the 4th Quarter 2015, and Investigator of the Year 2015, was recognized for his work in several complex or high-profile cases. His work investigating five organizations involved in a $2 million retail theft ring, resulted in 23 arrest warrants and the dismantling of the ring, his work on a burglary investigation eventually identified a young woman who had been exploited as a victim of human trafficking, and he solved numerous burglary and theft cases, including a rash of tailgate thefts. Sergeant Karen Pierce - On March 1, Sergeant Pierce, a 9½-year veteran with the Sheriff’s Office, made history when a new badge was pinned on her uniform during a promotion ceremony. She became the first-ever African-American female sergeant in the history of the Volusia County Sheriff’s Office. With education a priority in her life, Sergeant Pierce is in the final stages of obtaining her doctorate in education from Nova Southeastern University, with a concentration in organizational leadership and a minor in conflict resolution. “I want my promotion to send a message of hope to other females and minorities,” said Pierce. “After all, there really is no glass ceiling. There are only limitations of your beliefs. My message to others is to free yourself to go where City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda May 16, 2016 others said you couldn’t.” Now nearly 25 years into her law enforcement career she will inspire women of color and all minorities and affirm that there’s a place for them in law enforcement. Sergeant Patrick Leahy - The de facto District 4 Ambassador for the Sheriff’s Office recently organized a recreational basketball game at the Florida United Methodist Children’s Home. After the game, kids and deputies gathered around the FUMCH swimming pool for a cookout. The rec play creates positive interaction between at-risk children and the deputies that serve them. The effort in building a better relationship with the residents and staff at FUMCH has paid off with a reduction in calls for service. Lieutenant Brian Henderson - Lieutenant Henderson was among 230 law enforcement officers who recently graduated from the prestigious FBI National Academy in Quantico, Va. The 263rd Session of the National Academy consisted of men and women from 47 states, the District of Columbia, 27 international countries, four military organizations and five federal civilian organizations. C. Recognitions - A. Commissioner Herzberg for Receiving the 2016 Home Rule Hero Award and B. 1st Annual Economic Development Week. Background: A. Commissioner Herzberg for Receiving the 2016 Home Rule Hero Award The Florida League of Cities recently recognized nearly 70 city officials with 2016 Home Rule Hero Awards. These local government officials earned this prestigious award for their tireless efforts to advance the League’s legislative agenda and help protect the home rule powers of Florida’s cities during the 2016 legislative session. Home Rule is the ability for a city to establish its own form of government and enact ordinances, codes, plans and resolutions without prior state approval. The Home Rule Hero Award recipients are local government officials - both elected and nonelected - who consistently responded to the League’s request to reach out to members of the legislature and help give a local perspective to an issue. On behalf of the Commission and staff, I would like to congratulate Commissioner Herzberg for receiving this award. B. 1st Annual Economic Development Week Deltona celebrated the 1st Annual Economic Development Week from May 8th -14th. Economic Development Week was created by The City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda May 16, 2016 International Economic Development Council in commemoration of its 90-year anniversary as the largest professional membership organization for economic developers. On behalf of the Commission and staff, I would like to recognize Economic Development Week and to extend our appreciation to our Economic Development Manager, Jerry Mayes, Chris Bowley, Director of Planning and Development and the Planning and Development staff for their efforts in generating economic growth, creating better jobs for residents, and facilitating an improved quality of life in our community. 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: A. Request for approval of Resolution No. 2016-18, authorizing the Florida Department of Transportation (FDOT Local Agency Program (LAP) Agreement for the Lakeshore Shared-Use Path - Chris Bowley, Planning and Development Services (386) 878-8602. Strategic Goal: Fiscal Issues, Transportation. Background: The Lakeshore Shared-Use Path (a.k.a. the Lakeshore Loop Trail) project is for a proposed 12-ft. wide paved path extending from the existing Volusia County Trail and Thornby Park to Green Springs Park. The trail is planned to be ±3,100 linear feet and the proposed project cost is estimated at $529,200, much of which is from outside agency/grant funding sources. Ninety (90%) percent of the project cost will be funded by the River to Sea Transportation Planning Organization (TPO) through the FDOT and a portion of the City’s 10% match requirements are utilizing Volusia ECHO funds. To facilitate construction of the Lakeshore Trail, the City is required to execute a LAP agreement with FDOT. The attached Resolution No. 2016-18 and LAP agreement authorizes the City Manager to execute City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda May 16, 2016 the LAP agreement with the FDOT. Attachments: Resolution No. 2016-18 LAP Agreement 041816 Lakeshore Map 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 second and final 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, 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. On April 18, 2016, the City Commission unanimously approved the ordinance at first reading. Attachments: Ordinance No. 09-2015 B. Public Hearing - 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, at second and final reading - 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 City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda May 16, 2016 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. 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 City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda May 16, 2016 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 C. Request for approval of Resolution No. 2016-23, approval Indicating General Support of a Proposed Volusia Governments’ Water Resources Compact - Becky Vose, Legal Department (407) 448-0111. Strategic Goal: Economic Development Background: Each of the municipalities in Volusia County and unincorporated Volusia County have numerous water issues that are key to the sustainability and growth of Volusia County and each of its municipalities. The Volusia Governments can most effectively address water issues together and with a united front to address the myriad common concerns shared by the Volusia Governments. The City of Deltona is generally supportive of a proposed Volusia Governments’ Water Resource Compact and will work with the other governments of Volusia County to draft and effectuate such a compact in the future for the benefit of all of Volusia County and its citizens, while retaining its power to govern its own jurisdictional area. Attachments: Resolution No. 2016-23 Volusia Governments Water Compact - REV 4-22-16 D. Request for approval of Resolution No. 2016-25, declaring certain real property of the City of Deltona as surplus and authorizing the sale or disposal of such property - Becky Vose, Legal Department (407) 448-0111. Strategic Goal: Beautification Background: The City of Deltona is the owner of a house located at 1787 Fort Smith Boulevard, Deltona, Volusia County, Florida. The City acquired the property in April, 2003 along with other properties to create a water retention pond to provide relief from flooding in the area. The other properties acquired at the same time, which were on Beechdale Drive, were demolished and used for the retention pond. The Fort Smith property has remained vacant for the last 13 years and has been going down in value due to deterioration. The roof in now in very bad shape and will have to be replaced if the City keeps the property. There is City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda May 16, 2016 interest by an investor to purchase the property. This is real property that is not needed to serve any municipal purpose and therefore the City considers it to be surplus. Attachments: Appraisal - 1787 Ft. Smith Boulevard Resolution No. 2016-25 E. Public Hearing - Resolution No. 2016-24-Final resolution to establish Lake McGarity Special Assessment District - Becky Vose, Legal Department (407) 448-0111. Strategic Goal: Beautification Background: The City of Deltona has received petitions from 51% of the owners of property on Lake McGarity requesting that chemical treatment of the lake take place to remediate invasive plant species that are doing damage to the lake. The City will not be introducing carp into the lake, because the State of Florida requires 100% of the lakefront property owners to consent to that treatment, and the City has received at least one objection to the introduction of carp. An initial resolution to establish this district was approved by the city commission on April 4, 2016.This is the second and final hearing of two required hearings to establish a special assessment district to pay for the lake remediation. Attachments: Resolution No. 2016-24 F. Request for approval of Resolution 2016-16, authorizing the issuance of Capital Improvement Revenue Refunding Bonds Series 2016 - Bob Clinger, Finance (386) 878-8552. Strategic Goals: Fiscal Issues/Infrastructure - Transportation CIP program Fiscal Issues - New Senior Community Center Background: The Financing Plan provides for the issuance of not to exceed $40,000,000 of Capital Improvement Revenue Refunding Bonds, Series 2016 to current refund the City’s outstanding Transportation Revenue Bonds, Series 2016,current outstanding in the principal amount of $12,150,000. The 30 year fixed rate bonds will be structured to maintain the City’s current Series 2006 Bonds debt service of $1,460,000 for 30 years while providing additional funds to fund a portion of the City’s transportation capital improvement program. The Series 2016 Bonds will also provide $8 million to be used toward the Community Center. City of Deltona Page 8 Printed on 6/3/2020 City Commission Agenda May 16, 2016 At the Commission workshop held on November 23, 2015, the City Commission expressed the desire to move forward with the planning, financing and construction of the City’s future Community Center and to move forward with several road projects to include sidewalks, road resurfacing, road widening, etc. Attachments: Master Resolution 2016-16 G. Request for approval of Resolution 2016-22 approving the form of documents in relating to the City of Deltona, Florida Capital Improvement Revenue Refunding Bonds, Series 2016 - Bob Clinger, Finance - (386) 878-8552. Strategic Goals: Fiscal Issues/Infrastructure - Transportation CIP program Fiscal Issues - New Community Center Background: The Financing Plan provides for the issuance of not to exceed $40,000,000 of Capital Improvement Revenue Refunding Bonds, Series 2016 to current refund the City’s outstanding Transportation Revenue Bonds, Series 2016,current outstanding in the principal amount of $12,150,000. The 30 year fixed rate bonds will be structured to maintain the City’s current Series 2006 Bonds debt service of $1,460,000 for 30 years while providing additional funds to fund a portion of the City’s transportation capital improvement program. The Series 2016 Bonds will also provide $8 million to be used toward the Community Center. At the Commission workshop held on November 23, 2015, the City Commission expressed the desire to move forward with the planning, financing and construction of the City’s future Community Center and to move forward with several road projects to include sidewalks, road resurfacing, road widening, etc. Approval of this Resolution which formally authorizes the following: · Form of official notice of bond sale and official bid form · Form of preliminary official statement · Form of continuing disclosure certificate · Form of escrow deposit agreement · Form of first amendment to debt service forward delivery agreement City of Deltona Page 9 Printed on 6/3/2020 City Commission Agenda May 16, 2016 Attachments: Exhibit A Notice of Sale Exhibit B Preliminary Official Statement Exhibit C Continuing Disclosure Agreement Series 2016 supplemental resolution - 2016-22 Exhibit D Escrow Deposit Agreement Exhibit E Debt Service Forward Delivery Agreement H. Public Hearing - Consideration of Purchase of Casey Property - Jane K. Shang, City Manager - (386) 878-8858. Strategic Goal: Economic Development. Focus on Howland Blvd. as the Gateway for Commercial Growth. Background: Howland Boulevard has been identified on numerous occasions as the commercial gateway to the City given the proximity to I-4 and the number of commercial parcels available for development. At the October 17, 2015, and November 7, 2015, Strategic Planning sessions, the Community and the Commission reiterated the need for economic/community development and to develop a City Center. This goal was then included in the City's Strategic Plan (Strategic Goals for FY 15/16-FY 16/17) as Priority Objective 2. Economic Development: "Focus on Howland Boulevard as the gateway for commercial growth (create a City Center and pursue acquisition of the Casey property). City Centers are generally created by assembling close parcels of land to create dense activity in a concentrated area. Further, at the November 2, 2015, City Commission meeting, the City Commission concurred to authorize the City Manager to start negotiations with Mr. Casey on the property known as the "Casey property", which staff would begin the process to determine the feasibility to acquire the Casey property, given the decision to locate the Senior Community Center at Howland Crossings. Then, at the March 2, 2016 workshop, the Commission directed staff to move forward with negotiations for the Casey property. The effort is supported by the concept that the assemblage of the Casey property for a City Center makes good sense given: 1. The size of the parcel for development (±46.5-acres in assembly); 2. The commitment by the City to utilize its land acquisition within the Howland Crossings property for a Senior Community Center, in addition to the investment made for Fire Station 65. 3. The mast arm signalized intersection. City of Deltona Page 10 Printed on 6/3/2020 City Commission Agenda May 16, 2016 4. The proximity and development potential of vacant land in the immediate vicinity for long--range growth. The availability of large parcels for development in the Howland Crossings area is limited and the Casey property is in close proximity to the Howland Crossings City-owned tracts. 5. The tract is adjacent to a Volusia County School Board property for a future elementary school and there is potential to co -locate facilities with that school in the future for synergistic development. Appraisals of the Casey property have been completed. Earlier appraisals determined a fair market value of $2.3M and $5.2M. At the direction of the Commission a third appraisal was ordered and the appraised value was determined to be $3.35M. With the appraisal efforts completed, staff requests direction from the City Commission on whether to make a formal offer to purchase the Casey property as consideration for a future City Center. Finally, the land will also need to be re-entitled to allow for an array of land uses, if acquired . It is recommended that if the City Commission wishes to make an offer to purchase the Casey property that the purchase price be set at not to exceed $3.35M, with three contingencies: · for an inspection period of 120 days with a provision for a satisfactory subsurface soil investigation with the expense to be shared equally between the City and Mr. Casey; · for delivery to Mr. Casey of a letter from the City regarding the purchase for income tax purposes; and · for disclosure of beneficial interests by property owner, if applicable, under F.S. 286.23. Attachments: Casey Land Acquisistion PPP Appraisal dated 2-04-16 (Craig H. Clayton) Appraisal dated 10-14-15 (Landmark Appraisal Services) Howland Blvd. 40 AC Casey Parcel (Heffington) [10-08-15] Casey Commercial Parcel Howland Blvd. (Heffington) [9-25-15] 10. OLD BUSINESS: 11. NEW BUSINESS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: A. Introduction of Richard Adams, Director of Human Resources and Chief Frank Snyder, Fire Chief City of Deltona Page 11 Printed on 6/3/2020 City Commission Agenda May 16, 2016 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 12 Printed on 6/3/2020