REGULAR CITY COMMISSION MEETING
MONDAY, JUNE 15, 2009
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:

1. Regular City Commission Meeting - June 1, 2009.

B. Additions or Deletions to Agenda.

5. PRESENTATIONS/AWARDS/REPORTS:

A. Presentations - Certificate of Recognition - Pine Ridge High School 2009 Hall of Fame Awards.

B. Proclamation - Central Florida Youth Leadership Month.

6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length)

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. 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.

7. CONSENT AGENDA:
*A. Request for approval to award the purchase of Physical Examinations/Medical Evaluations - Fire Department.

The Deltona Fire Department is in need of a vendor to provide annual physical examination and medical evalutations for Certified Firefighter personnel as required by the collective bargaining unit and recommended by the National Fire Protection Agency.

To purchase this service and as allowed in City/State policy, staff is recommending that the City piggyback the City of Jacksonville, contract # 8158-04, which was solicited by the City of Jacksonville. The City of Jacksonville approved award and entered into a contract with Life Extension Clinics, Inc. on January 7, 2008.

8. ORDINANCES AND PUBLIC HEARINGS:

A. Public Hearing - Consideration and Approval of Contract for Sale and Purchase of Vacant Property Located at 534 Birchwood Lane, Deltona.

The City of Deltona proposes to widen Fort Smith Boulevard (Section 3) from Primrose Terrace to Rookery Avenue. Fort Smith Boulevard is an existing two-lane rural facility and is proposed to be reconstructed to a three-lane undivided urban roadway. The proposed improvements are required to accommodate present and future traffic demands safely and efficiently.

A vacant parcel located at 534 Birchwood Lane, Deltona, owned by José Cintrón Dávila, et al., is the subject of an executed Contract for Sale and Purchase in the amount of $35,000.00. The purchase price was negotiated by the City Attorney. The Contract for Sale and Purchase has been executed by the City Manager, conditioned on approval and acceptance by the City Commission.

9. OLD BUSINESS:

A. Consideration Regarding Participation in Yankee Lake Regional Water Treatment Plant Project.

The staffs of all West Volusia Utilities are very concerned about the very large groundwater deficits projected by the SJRWMD in the Draft Implementation Strategy Report. Staff is also concerned whether a surface water plant on the St. Johns River will be permittable and that a long term Consumptive Use Permit can be obtained. Finally, we are concerned that permits can be obtained to discharge concentrate to the river in sufficient volume to meet our needs.

Seminole County has worked very methodically towards development of the Yankee Lake Regional Water Supply Plant to meet their needs and the needs of other participants who wish to work with them on this project. They have been given a 2013 deadline to develop the Yankee Lake Facility and are working to meet that requirement. Although the Managers of the West Volusia Utilities have requested time extensions for executing agreements and paying fees to Seminole County, their Manager has recently indicated that their timeline is firm. Specifically, the following milestone dates have been established:
• Submit capacity reservation schedule (this was completed on April 9, 2009).
• Execute a Memorandum of Understanding and make a $100,000 non-refundable project development deposit to Seminole County by June 15, 2009.
• Execute the Yankee Lake Regional Water Supply Agreement, a take or pay contract, and pay a capacity reservation fee (approximately three to six million dollars estimated) by October 1, 2009.
In a letter to Seminole County Manager Cindy Coto, the managers of the West Volusia Utilities expressed concern with the schedule imposed by Seminole County, the unresolved capacity and permitting issues as well as a number of the "deal points" in the draft Water Supply Agreement. These points included payment of project development charges by October 1st to reserve capacity without any guarantee of availability of this capacity or firm costs for project development. Managers of the West Volusia Utilities also expressed concern about the proposed Advisory Board's limited power, the proposed Seminole County "rate of return", and the lack of equity of the participants in ownership of the Seminole County project. Mrs. Coto's response, dated May 18, 2009, especially indicates that the deadlines and most terms and conditions are non-negotiable at this time.

10. NEW BUSINESS:

A. Consideration of request from Deutsche Bank National Trust for reduction of fine from $20,000.00 assessed pursuant to Special Magistrate Case Nos. DEL 08-122 and DEL 08-123.

An order Imposing Fine/Lien was entered on May 28, 2008, by the City of Deltona Special Magistrate, ordering Deutsche Bank National Trust to pay to the City of Deltona a fine in the amount of two hundred and fifty dollars ($250.00) per day beginning June 11, 2008, for each and every day the violations exist and continue to exist or until a maximum amount of $10,000.00 is reached for each case. The violation occurred when the respondent failed to clean and maintain the swimming pool and make repairs to a falling down fence located on the property at 1130 East Page Drive. The respondent failed to come into compliance for 236 days. The total accumulated amount due is $20,000.00. On May 27, 2009 the respondent's representative Chris Paul Esq. appeared before the Special Magistrate to request a recommendation to reduce the fine.

B. 2009-2010 Law Enforcement Services Agreement.

This Agreement is to authorize the County of Volusia to continue to provide law enforcement services and equipment to the City of Deltona for fiscal year 2009-2010, for the sum of $8,729,714.00, which includes a $20,000.00 increase from the 2008-2009 Agreement.

C. Selection of Voting Delegate to the 83rd Annual Florida League of Cities Conference.

The Florida League of Cities' Annual Conference will be held at the Orlando World Center Mariott on August 13 - 15, 2009. This year's theme is Florida's Citities - the Heart of the Citizen. The League is asking each city to designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League.

D. Discussion re: Establishing a Faith-based Community Network (requested by Mayor Mulder).

Mayor Mulder has asked that the Commission discuss the possibility of establishing a Faith-based Community Network in the City of Deltona.

11. CITY COMMISSION COMMENTS:

12. CITY ATTORNEY COMMENTS:

13. CITY MANAGER COMMENTS:

14. 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.