City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor John C. Masiarczyk Sr. Vice Mayor Chris Nabicht Commissioner Christopher Alcantara Commissioner Anita Bradford Commissioner Heidi Herzberg Commissioner Gary Mitch Honaker Commissioner Brian Soukup Monday, December 12, 2016 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Herzberg 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 21, 2016, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: November 21, 2016 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Alberto Gómez-Gómez Day Attachments: Alberto Gomez-Gomez B. Recognition to Nina Ehmer, winner of the “My City: I’m Part of It, I’m Proud of It” City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda December 12, 2016 photo contest Background: Nina Ehmer’s photo of the Lake Monroe boat launch was taken around 5:30 p.m., Dec. 15, 2015, using an Olympus E3 Digital SLR with a 12-60 mm lens. Ehmer always had a “mild interest” in photography but became serious about in 2014 when she received her first digital camera. Ehmer says she liked the idea of not having to deal with film and the instant gratification of being able to view images right away. She began to look at other photographers’ work online and began to read more about photography. She and her husband Howard live in the house they originally built here in Deltona on Lake Theresa in 1986. They live in a wooded environment that encourages a variety of wildlife. Her favorite subjects are birds, butterflies, and the resident family of sandhill cranes. The Ehmers have several butterfly and hummingbird gardens she also photographs. In late 2004, she began selling her photos at the New Smyrna Beach Farmers Market (usually happens October through April). To see more of her photos, visit ninaehmer.com. Attachments: Nina Ehmer C. Super Star Student of the Month Certificates for November 2016 Background: Super Star Student of the Month awards for November 2016 will be presented to: 1. Deltona Lakes Elementary, Jadiel Cruz, 1st Grade 2. Discovery Elementary, William Marte, 5th Grade 3. Enterprise Elementary, Delaney Mullins, 2nd Grade 4. Forest Lake Elementary, Elisa-Rae Fantauzzi, 1st Grade 5. Friendship Elementary, Morgan Saavedra, 5th Grade 6. Pride Elementary, Shane LeeKam, Kindergarten 7. Spirit Elementary, Briana Gutierrez, 3rd Grade 8. Sunrise Elementary, Rece Watters, 2nd Grade 9. Timbercrest Elementary, Miguel Sanchez, 1st Grade 10. Deltona Middle, Danali Rivera, 8th Grade 11. Galaxy Middle, Kayla Crespo, 8th Grade 12. Heritage Middle, Leandra Morales, 8th Grade 13. Deltona High, Dayne Ford, 10th Grade 14. Pine Ridge High, Naiomi Latorre, 12th Grade 15. University High, Savannah Yilk, 12th Grade Attachments: Nov 2016 Super Star Student Achievements 6. CITY COMMISSION SPECIAL REPORTS: City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda December 12, 2016 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. Approval of agreement with the County of Volusia for Municipal Transport Program - Bill Snyder, Fire Chief (386) 575-6902 Strategic Goal: Public Safety - pursue the ability of the City to be able to provide medical transport. Background: The fire department has been working with the county to expand the current medical transport agreement. Our current agreement allows us to transport on a contingency basis. This means that if we arrive at the scene of a critical patient, determine there is an immediate need to transport and the County transport unit is more than 10 minutes away we can transport. The expansion would allow the city to participate in the county’s PLUS (Peak Load Utilization System) program. This would allow the city to continue to transport on a contingency basis, but also allow us to transport on a primary basis when the county’s system is overloaded and we are requested by the county. A PLUS transport would occur when the county’s transport unit is going to have a long delay or they have no units available. They would then dispatch our rescue unit to transport on both emergency and non-emergency calls. This expansion would allow the fire department to be there for our citizens when the county system is overloaded. Currently, the county will not entertain any agreement that allows the city to transport as the primary unit except under the PLUS program. The county is working with the cities that currently provide medical transport to all come under the PLUS program agreement. Attachments: Application for Municipal Transport Business Associate Agreement B. Request for Approval of AFG Matching Grant Background: The primary goal of the Assistance to Firefighters Grants (AFG) is to enhance the safety of the public and firefighters with respect to City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda December 12, 2016 fire-related hazards by providing direct financial assistance to eligible fire departments, nonaffiliated Emergency Medical Services (EMS) organizations, and State Fire Training Academies (SFTA) for critically needed resources to equip and train emergency personnel to recognized standards, enhance operations efficiencies, foster interoperability, and support community resilience. This is a grant we apply for each year. This year we have applied for items in three categories: Equipment, Training, and Personal Protective Equipment. This year hazardous materials and chemical, biological, radiological, nuclear, and explosive (CBRNE) is a high priority for funding through FEMA. This being the case all of the items requested on the grant is for hazardous materials, technical rescue and/or CBRNE response. The total dollar amount we have requested for grant funding is $397,308.00 with the city’s matching contribution of 10% or $39,731.00. The requested equipment helps our special operations team become more in line with National Fire Protection Agency (NFPA) 471 Standard, the Occupational Safety and Health Administration (OSHA) Hazardous Materials standards, and other recognized national standard and best practices requirements. This equipment is expensive and needed to improve the overall effectiveness and safety of the members of our special operations team. The training money requested brings our members up to NFPA 472 requirements as hazardous materials technicians. Since our team is a State recognized Light Technical Rescue Team (LTRT) we can be deployed throughout the state after a natural disaster such as a hurricane, tornado, etc. This training averages about $1500/person. This grant also covers training for structural collapse technicians which is necessary for our LTRT. Training props are also a part of the grant and affords our team members the ability to stay proficient in their hazmat skills as well as meet the mandatory recurrent training requirements of NFPA 472. The personnel protective equipment brings us into compliance with the requirements of NFPA 1951 and 1999 for technical rescue and hazardous materials protective ensemble. Currently our team members are wearing their duty uniform which provides for limited protection against the environmental hazards during technical rescue special operations incidents. Our special operations team responses to all special hazards operations, which includes hazardous materials, CBRNE, and technical rescue events, within our local jurisdiction. We also respond outside our jurisdiction providing special operations services to our surrounding City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda December 12, 2016 communities. In the city of Deltona we have several special hazards in the city such as natural gas pipeline on the southern end of the city, Interstate 4, and fuel stations with high ethanol fuel. In the surrounding communities we have operating power plants, CSX railways, Amtrac, and the St Johns River. In order to proceed with the grant, we are requesting approval to proceed with submittal of the grant and the city approving 10% investment. We believe this will enhance the safety of our community and our members. Attachments: AFG entire application 2016-special ops C. Request approval of the budget amendment for the Saxon Stormwater Vault Pump Station (non-sewer), Matt Doan, P.E., Acting Public Works Director, (386) 878-8973. Strategic Goal: Fiscal Issues Background: The Florida Department of Transportation (FDOT) is planning to implement improvements at the intersection of Interstate 4 (I-4) and Saxon Boulevard within the City of Deltona (City). The City intends to partner with the FDOT to capture and treat the runoff related to these improvements. The City will design and permit a pump station and associated stormwater force main to divert the water to its regional water management site located at Alexander Avenue. The stormwater vault will be located at the northwest corner of the intersection of Saxon Boulevard and Finland Drive. The stormwater force main will connect to a newly constructed pump station in the stormwater vault and discharge at the Alexander Avenue Site approximately 2.75 miles away. Funds are available in the Fund Balance. Attachments: SaxonVaultStormPS_FM-Scope_112916 SaxonVaultStormPS_TA_112916 SW Budget Amendment D. Request for approval of the Hawksley Consulting Inc. Agreement, Matt Doan, P.E., Acting Public Works Director, (386) 878-8973. Strategic Goal: Fiscal Issues Background: In 2008 the City Commission approved Burton & Associates Inc. for Consulting Services for a Water, Wastewater and Reclaimed Water Rates and Charges Study in accordance with a City of Deltona City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda December 12, 2016 RFQ#0841. This Study allowed for a review of the current rates and a determination of future rates. Staff received five responses to RFQ#0841. Burton and Associates Inc. was ranked the highest by the Selection Committee. On October 24, 2012 the City Commission approved Resolution No. 2012-35 and directed Staff to hire a rate consultant for purposes of both fulfilling the need for a rate consultant for the upcoming Swaption refinance, as well as explore rate options that would bring relief to the current sewer customers. It was noted that The City of Plant City recently awarded a contract for a Water and Wastewater Rate Study to be completed by Burton & Associates Inc. through RFP 12-9466-001. As Burton & Associates Inc. conducted the original rate study for Deltona Water in 2008 and had also worked with the City's current Financial Advisor, FirstSouthwest, on previous occasions. Burton & Associates Inc. was contacted to determine if they can not only meet the needs required by FirstSouthwest, but also be flexible to try several alternative rate scenarios in an effort to provide relief to our sewer customers. Burton & Associates Inc. submitted a proposal, tailored to the City of Deltona, stating that they feel that they could meet our requirements and have preliminary results back within 60 days of receiving a notice to proceed and a full report completed within 90 days. Burton & Associates Inc. created a model that was able to provide "what if" scenarios that allow the City to explore different rate options and determine their results instantaneously. They also provide one on one meeting with City Staff and the City Commission also take place along with a presentation of the rate study update at a City Commission Workshop. In 2015 and 2016 Burton & Associates Inc. provided the the same services via a proposal. The Proposal was tailored to the City of Deltona and Burton & Associates Inc. was used as a Standardized Vendor. The City of Deltona would like to request the services of Burton and Associates Inc. a subsidiary of Hawksley Consulting for Water, Wastewater and Reclaimed Water Rate Study and Financial Management Services. A proposal has been submitted and attached as Exhibit A. We believe to seek out other firms to provide this service and future rate studies would be cost prohibitive; as new firms would need to essentially re-create a model from scratch whereas Hawksley Consulting Inc. only requires updating the parameters that are currently in place. Staff is requesting the approval of the agreement with Hawksley Consulting Inc. the successor in interest to Burton and Associates Inc. on an as needed basis for a period of two (2) years with three (3) additional one (1) year renewal options by mutual City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda December 12, 2016 agreement of the parties. Attachments: Financial Management Consulting Services Proposal_11.7.16 Hawksley Consulting Inc Agreement Final Burton & Associates a subsidiary of Hawksley Consulting E. Annual Renewal of STD/LTD Plans Background: Short Term Disability and Long Term Disability plans are up for annual renewal. Rates have not changed in 3 years. Recent claims history has dictated a rate change to the Short Term Disability rates. Attachments: City of Deltona STD LTD Rates 2017 City of Deltona Experience 10-21-2016 uw 3yr City of Deltona Experience 10-21-2016 uw 3yr A 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 28-2016, Amending Chapter 94, Impact Fees, of the Land Development Code, and the City’s Impact Fee Schedule for Fire/Rescue, Parks, Transportation, and Law Enforcement, at first reading - Chris Bowley, AICP, Planning and Development Services, (386) 878-8602. Strategic Goal: Other Priority Objectives Identified - Maintain a balanced budget, reserves, and investments. Background: Chapter 163.31801, Florida Statutes (FS), allows a local governments to levy impact fees to off-set “impacts” as a result of new growth. Specifically, the statutes list that impact fees are “to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction.” The statute requires local governments to provide “notice no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee.” The second and final reading of the ordinance will comply with this law. The City collects impact fees for increased intensity of land uses and has had moratoriums in the past to help businesses locate or expand within the City. With economic recovery, the City updated its impact fees for parks, fire rescue, law enforcement, and transportation fees (water and sewer impact fees are within Deltona Water). In 2007, the City had an impact fee study completed that created an extensive list of land uses and fees. Some development applications did not always match that adopted land use list. The series of adoptions of fees is included in the composite attachment (see attached). City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda December 12, 2016 In 2015, the City contracted Burton & Associates (Burton) to revisit the adopted impact fees and to create a simplified uniform land use list that reflects Deltona’s land use pattern. The impact fees for fire/rescue and law enforcement were found to be comparable to local communities similar to Deltona and are recommended for adoption. The existing parks impact fee is higher than comparative communities and Burton recommends keeping the current parks fee. The proposed transportation impact fees from Burton for some land use categories is higher. The City Commission directed staff to revisit those fees and a comparative analysis was performed. The recommended impact fee schedule within the attached Ordinance No. 28-2016 is the result of that analysis. Where the Burton transportation fee was higher that average, the City’s current fee is recommended to be kept for economic development. It is also recommended that City impact fees be reviewed at least every five (5) years to remain current and to minimize large increases. Finally, the Planning & Zoning Board reviewed Ordinance No. 28-2016 on November 16, 2016, and voted 5-0 (two members absent) for the City Commission to adopt the ordinance. Attachments: Ord No. 28-2016 Impact Fees Impact Fee Comparison Table Existing Impact Fees Composite Burton Impact Fee Study Report B. Public Hearing - Ordinance No. 29-2016, Amending Chapter 102, Signs, of the Land Development Code, at first reading - Chris Bowley, AICP, Planning and Development Services, (386) 878-8602. Strategic Goal: Public Safety - Sign ordinance amendment/rewrite the sign code. Background: At the November 28, 2016, the City Commission Workshop, the City Commission discussed the proposed sign code and directed staff to meet again with the Deltona Business Alliance (DBA) on an updated sign code draft. Until that additional meeting with the DBA and rewrite occurs, Ordinance No. 29-2016 shall not be heard. Attachments: Ord No. 29-2016 Signs 111716 Staff Report Typical Signage Presentation C. Public Hearing - Ordinance No. 32-2016, Rezoning ±1.67 acres located at 3151 Howland Blvd. from C-2 (General Commercial) to C-1 (Retail Commercial), at first reading - Ron A. Paradise, Assistant Director, Planning and Development City of Deltona Page 8 Printed on 6/3/2020 City Commission Agenda December 12, 2016 Services (386) 878-8610. Strategic Goal: Economic Development - focus on Howland Blvd. as a gateway for commercial growth. Background: The subject property is known as the Jena Medical development (Jena Medical) complex and was used to house the Health Department offices. Jena Medical consists of three (3) office buildings surrounding by a parking lot. The facility now has vacant leasable area that has been difficult to fill. Therefore, the owner is requesting the property be rezoned from C-2 to C-1 to allow for a house of worship as a permitted use, which is interested in becoming a tenant. No daycare facility or other ancillary uses sometimes associated with churches are planned. The requested C-1 zoning is consistent with the Comprehensive Plan, does not result in the creation of non-conforming uses and structures, and is compatible with existing commercial and institutional land uses (Deltona High School, four houses of worship) in the immediate area. For more information, including graphics, see the attached staff report . Through this action, the entire site is proposed to be rezoned. Attachments: Ord No. 32-2016 Jena Rezone Staff Report Location Map Aerial Photo Floodplain Map Future Land Use Map Existing Zoning Proposed Zoning D. Request for approval to transfer funds and position from the Legal Department to the Building and Enforcement Services Department - Dale Baker, Deputy City Manager 386-878-8852. Strategic Goal: Internal and External Communications Background: Originally the position who conducts lien searches and releases of liens was in the Building and Enforcement Services Department. In FY 10/11 the position was transferred to the Legal Department. With the upcoming retirement of Sheri Sallade we are proposing to transfer the position back to the Building and Enforcement Services Department along with the funding for the position. This transfer reduces the staffing level in the Legal Department by one (1) and increases the staffing level in Building and Enforcement Services by one (1). There is no net City of Deltona Page 9 Printed on 6/3/2020 City Commission Agenda December 12, 2016 increase to the FY 16/17 budget as a result of the requested transfer. Attachments: Resolution 2016-67 General Fund mid-year budget amendment 2017-11 E. Request for Approval of Resolution No. 2016-68, Adopting the Facilities Plan, Capital Financing Plan, Certified Minutes from the Public Meeting held on November 15, 2016 and Authorizing submission of the Plan to the Florida Department of Environmental Protection (FDEP) for the Alexander Avenue Reclaimed Water Augmentation (known as Lake Monroe Project Phase 4A and 4B) - Matt Doan, P.E., Acting Public Works Director (386) 878-8973 Strategic Goal: Infrastructure Background: As recently approved, the City of Deltona has entered into a cost share agreement with the St. Johns River Water Management District (SJRWMD) to secure available grant funding for the Lake Monroe Project Phase 4A and 4B. The City of Deltona is seeking consideration for a low-interest State Revolving Fund (SRF) loan in the amount of approximately $13,267,000 based upon preliminary planning estimates, to facilitate funding of this project. This action supports the City’s intent to secure the lowest cost funding available. Adopting Resolution No. 2016-68 authorizes the following: Adoption of the Facilities Plan dated October 2016; Capital Financing Plan; Certified Minutes from the Public Meeting held on November 15, 2016; authorizes the submission of the Plan to FDEP; and designates the authorized representative and provides an effective date. Attachments: Resolution No 2016-68 Alexander Ave Facility.pdf Capital Financing Plan.pdf Lake Monroe Public Information Meeting Nov 2016.pdf Draft Facilities Plan - 112916 10. OLD BUSINESS: 11. NEW BUSINESS: A. Request for approval of 2nd Amendment with Verizon Wireless for Land at Dewey Boster Park. CityScape, cell tower consultants. Jane K. Shang, City Manager (386) 878-8850 City of Deltona Page 10 Printed on 6/3/2020 City Commission Agenda December 12, 2016 Strategic Goal: Fiscal Issues Background: This is an extension of the Site Agreement for Land with Verizon Wireless for a cell tower construction at Dewey Boster Park located at 1190 Saxon Blvd. This cell tower provides cell tower services to residents and businesses in the areas near the tower. The extension provides annual revenue to the City in the amount of Twenty-Five Thousand Nine Hundred and Twenty Dollars ($25,920.00), with a 20% rent increase every five years. This agreement gives the City four (4) additional five (5) year renewal terms. This extension was negotiated by the City’s cell tower consultant, CityScape. A representative of CityScape will be at the Commission meeting to discuss the extension and answer any questions anyone has regarding this agreement. Attachments: 2nd Amendment Verizon Wireless 2000 Amendment to Site Agreement 1999 Memorandum of Site Agreement B. Request for approval of First Amendment with T-Mobile South, LLC for Land and Co-Location on Tower located at Fire Station 63. CityScape, cell tower consultants. Jane K. Shang, City Manager (386) 878-8850. Strategic Goal: Fiscal Issues Background: This is an extension of the site agreement for land and co-location with T-Mobile for the cell tower located at Fire Station 63 at 2147 Howland Boulevard near Dupont Lakes. This cell tower provides cell tower services to residents and businesses in the areas near the tower. The extension provides annual revenue to the City in the amount of $22,812, with four (4) additional five (5) year renewal terms. Each year of the renewal term results in an increase in rent of three percent (3%) over the rent paid for the previous year. This extension was negotiated by the City’s cell tower consultant, CityScape. A representative of CityScape will be at the meeting to discuss the extension and answer any questions anyone has regarding this agreement. Attachments: A2A0435A 1st Amendment Final Draft 2001 Agreement - Station 63 2011-2016 Renewal Letter C. Request for City of Deltona funds. Background: The Commission discussed at several meetings the $35,000 discretionary fund which could be provided to non-profit organizations who applied for them. The Commission directed staff to come up with an application and guidelines for this funding which has been done. City of Deltona Page 11 Printed on 6/3/2020 City Commission Agenda December 12, 2016 Attached is a request from the West Volusia Wolves JV Cheerleading Squad for City funds in the amount of $2,500.00 to assist with event and travel expenses associated with the squad going to compete at the National level for Pop Warner. Attachments: Request for City Funds D. Public Hearing - Request for Approval of the Program Year 2015-2016 CDBG Consolidated Annual Action Performance and Evaluation Report (CAPER) - Ron Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Internal and External Communication - Conduct a needs assessment for social services and communicate resources for public benefit. Background: The U.S. Department of Housing and Urban Development (HUD), requires the CAPER to be submitted annually to remain federal grant compliant. The CAPER is a summary of City activities accomplished under Title 24 of the HUD-funded Community Development Block Grant (CDBG) program. The CAPER report is formulated in accordance with the regulations governing consolidated submissions (24 CFR 91.520) administered by HUD. The main purpose of the CAPER is also to report the City’s proper use of HUD funds for activities and projects accomplished within the HUD program year (PY). For this PY, the majority of the activities include park improvements and public services for enhance and serve the community. The CAPER is associated with the CDBG Five-Year Consolidated Plan (CP) that establishes strategic goals for City CDBG activities listed in the Annual Action Plan (AAP). The current CP for PY 2013-2017 and the AAP is updated annually to report the implementation of the CP for grant compliance and consistency. The CAPER consists of narratives and tables documenting the proper spending of grant funds and highlights efforts made by the City to improve its quality of life. Finally, in accordance with the required citizen participation plan, the City has observed a 15-day public comment period and no comments were received verbally or in writing during the period. The PY 2015-2106 CAPER is attached. Attachments: Program Year 2015-2016 Consolidated Annual Performance and Evaluation Rep 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: City of Deltona Page 12 Printed on 6/3/2020 City Commission Agenda December 12, 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 13 Printed on 6/3/2020