July 13, 2017 City of Lake Helen Regular City Commission Meeting

Transcription

1 July 13, 2017 City of Lake Helen Regular City Commission Meeting

2 City of Lake Helen Volusia County, Florida REGULAR MEETING LAKE HELEN CITY COMMISSION July 13, :00 PM AGENDA Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Any individual wishing to speak before the City Commission regarding any item on the agenda must fill out and submit a BLUE speaker card to the Recording Secretary, be recognized by the Chair, and limit his/her remarks to three minutes unless otherwise directed by the City Commission. Any individual wishing to speak to the City Commission during the Public Forum portion of the agenda must fill out and submit a YELLOW speaker card to the Recording Secretary, be recognized by the Chair, and limit his/her remarks to three minutes unless otherwise directed by the City Commission. The Public Forum portion of the agenda is reserved for citizens to address the City Commission regarding items/issues that are not on the agenda. CALL TO ORDER: Mayor Snowden CEREMONIAL MATTERS: Legislative Prayer and Pledge of Allegiance BUSINESS OF THE COMMISSION: Item 1 DELETIONS OR MODIFICATIONS TO AGENDA Item 2 COMMISSION ANNOUNCEMENTS Item 3 PRESENTATIONS TO THE COMMISSION: Item 3a: Senator Hukill Item 3b: Wildfire Mitigation efforts for Main Street Item 4 CONSENT AGENDA: The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda. Item 4a: Approval of Minutes: June 8, 2017 (Regular Meeting), June 19, 2017 (Joint Workshop), June 19, 2017 (Special Meeting) Item 4b: Acceptance of Bills paid through June 30, 2017 Item 4c: Input for Gateway Corridor Historic Style Review for 390 S. Volusia Avenue New Single Family Home Item 4d: Approval of Fire Service Contract with Volusia County Item 5 MONTHLY REPORTS: Item 5a: Planning and Land Development Regulation Commission Item 5b: City Administrator / City Engineer Item 5c: City Attorney Item 5d: Police Chief and Code Compliance P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

3 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Regular City Commission Meeting Page 2 July 13, 2017 Item 6 Item 7 Item 8 Item 9 Item 10 PUBLIC HEARINGS: Item 6a: Resolution Tentative Millage PUBLIC FORUM: Yellow Cards For any individual wishing to speak to any issue not on the agenda. Comments will be limited to three minutes unless otherwise directed by the City Commission. Person wishing to speak must approach the front podium, give name and address. COMMISSION CONSIDERATION Item 8a: Adoption of Fire Assessment fees for FY Resolution COMMISSION DISCUSSION MAYOR S REPORT AND COMMISSIONERS REPORTS BY ZONE P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

4 City of Lake Helen City Commission Meeting July 13, 2017 Ceremonial Matters Legislative Prayer Pledge of Allegiance Business of the Commission Deletions or Modification to Agenda Commission Announcement

5 City of Lake Helen City Commission Meeting July 13, 2017 Presentation: Senator Dorothy Hukill

6 Meeting Date: July 13, 2017 City of Lake Helen Agenda Memorandum Presentations Senator Dorothy Hukill Subject: Presentation and Legislative Update by Senator Dorothy Hukill About Senator Hukill: As a leader in the Florida Legislature, Senator Hukill worked to balance the state s budget without raising taxes. Despite a $1.8 billion budget shortfall this year, Ms. Hukill voted to increase K 12 education spending by over $1 billion while cutting wasteful spending. Additionally, she has voted for the largest property tax cut in state history and opposed hundreds of millions of dollars in fee increases for Florida families. Ms. Hukill lives in Port Orange and is the proud mother of Jonathan Hukill. Education B.A., Hunter College, City University of New York M.A., Columbia University Teacher s College J.D., St. John s University School of Law Memberships Florida Bar Association Volusia County Bar Association Volusia/Flagler Association for Women Lawyers Awards and Recognition County Veterans Service Officers Association of Florida, Legislator of the Year Award Florida Chamber of Commerce Distinguished Advocate Award 2009, 2010 Florida Chamber of Commerce Honor Roll 2005, 2006, 2007, 2008, 2009, 2010 Volusia County Association for Responsible Development (VCARD), 2009 Citizen of the Year For more information, please visit her site at

7 City of Lake Helen City Commission Meeting July 13, 2017 Presentation: Wildfire Mitigation efforts for Main Street

8 Meeting Date: July 13, 2017 City of Lake Helen Agenda Memorandum Presentations Wildfire Mitigation efforts for Main Street Property Subject: Wildfire Mitigation efforts for Main Street Property Background: Joseph M. Gocsik, ACF, CF, Managing Member of Forest Environmental Solutions, LLC who is representing the owner will be spear heading the efforts. Mr. Gocsik has confirmed that they will only mulch vegetation 5" in diameter or less. Mulching will lower the height and ability of the vegetation that can burn during a wild fire, reducing the risk of wild fire. The 50' landscape buffer abutting Main Street and S. Summit Avenue will remain intact and only the acreage within the main portion of the property will be addressed. Forestry mulching is a land clearing method to assist in wildfire prevention. A forestry mulching machine, also referred to as a forestry mulcher, masticator, or brushcutter, uses a rotary drum equipped with steel chipper tools ( teeth ) to shred vegetation. They are manufactured as application specific tractors and as mulching attachments ( mulching heads ) for existing tracked and rubber tired forestry tractors, skid steers, or excavators. Heavy duty forestry mulchers can clear up to fifteen acres of vegetation a day depending on terrain, density, and type of material. Forestry mulchers are often used for land clearing wildfire prevention and management, vegetation management, invasive species control, and wildlife restoration. The following properties will benefit from this mitigation: , W. Main Street , W. Main Street , S. Summit Avenue

9 Consent Agenda Item 4a: Approval of Minutes: June 8, 2017 (Regular Meeting), June 19, 2017 (Joint Workshop), June 19, 2017 (Special Meeting) Item 4b: Bills paid through June 30, 2017 City of Lake Helen City Commission Meeting July 13, 2017 Item 4c: Input for Gateway Corridor Historic Style Review for 390 S. Volusia Avenue New Single Family Residence Item 4d: Approval of Fire Service Contract with Volusia County The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda.

10 City of Lake Helen Agenda Memorandum Consent Agenda Meeting Date: July 13, 2017 The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda. Subject: Consent Agenda to include: Approval of Minutes: June 8, 2017 (Regular Meeting), June 19, 2017 (Joint Workshop), Item 4a: June 19, 2017 (Special Meeting) Item 4b: Bills paid through June 30, 2017 Item 4c: Item 4d: Input for Gateway Corridor Historic Style Review for 390 S. Volusia Avenue New Single Family Residence Approval of Fire Service Contract with Volusia County Item 4a Synopsis: Approval of Minutes: June 8, 2017 (Regular Meeting), June 19, 2017 (Joint Workshop), June 19, 2017 (Special Meeting) Item 4b Synopsis: Bills paid through June 30, 2017 Item 4c Synopsis: Input for Gateway Corridor Historic Style Review for 390 S. Volusia Avenue New Single Family Residence The Historic Preservation Board discussed the architectural renderings at their June 20, 2017 Meeting and suggested improvements which the applicant will be incorporating. Suggested improvements include: single wood style front door with transom above front door and option of side lights, replacement of craftsman style French doors in rear with a multi pane French door (12 to 18 light to match windows), silver or galvanized metal roof, as well as neoclassical round columns in front on porch. Approval of architectural elevations for the Gateway Corridor is the responsibility of the City Administrator with an opportunity for public input for these projects. Staff has submitted the design and elevations for this Gateway Corridor site to the Historic Preservation Board for both public and board input who supported the improvements. Item 4D Synopsis: Approval of Fire Service Contract with Volusia County The City of Lake Helen has received the draft contract from Volusia County Fire Services but at time of publication is awaiting final version. After reviewing the draft document, City Attorney Scott Simpson has request a few minor modifications. Staff anticipates the final draft will be received before the City Commission Meeting and will provide copies.

11 City of Lake Helen Agenda Memorandum Consent Agenda Suggested Motion: Motion to approve the consent agenda. Attachment(s): Minutes for June 8, 2017 (Regular Meeting), June 19, 2017 (Joint Workshop), June 19, 2017 (Special Meeting) Bills paid through June 30, 2017 Gateway Corridor Review 390 S. Volusia Avenue Draft fire services contract from Volusia County

12 City of Lake Helen Volusia County, Florida Regular Meeting Lake Helen City Commission June 8, 2017 MINUTES Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell CALL TO ORDER: Mayor Buddy Snowden called to order the June 8, 2017 Regular Meeting of the Lake Helen City Commission at 7:01 pm. Present: Mayor Buddy Snowden Vice Mayor Vernon Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell City Clerk Becky Witte City Attorney Scott Simpson City Administrator Jason Yarborough CALL TO ORDER: Mayor Buddy Snowden LEGISTLATIVE PRAYER AND PLEDGE OF ALLEGIANCE: Led by Lewis Long DELETIONS OR MODIFICATIONS TO AGENDA: None COMMISSION ANNOUNCEMENTS: None PRESENTATIONS TO THE COMMISSION: ITEM 3a: Orange Camp Widening Project presented by Assistant County Engineer Tad Kasbeer Discussion with input from Assistant County Engineer Tad Kasbeer ITEM 3b: Proclamation: Juneteenth presented by Vice Mayor Vernon Burton CONSENT AGENDA: The action proposed is stated for each item on the Consent Agenda in the Agenda Packet. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda. MOTION by Commissioner Michael Woods to remove: Item 4c: Approval of hiring Caleb Bruder for Part Time Code Compliance / Police Officer, Item 4f: Approval of Policy and Procedure Manual and Updated Job Descriptions, Item 4g: Input for Gateway Corridor Historic Style Review for new school building at 134 N. Euclid Avenue from the consent agenda. SECOND by Commissioner Jim Connell. MOTION CARRIED UNANIMOUSLY. Regular City Commission Meeting Page 1 of 6 June 8, 2017

13 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Item 4a: Approval of Minutes: May 11, 2017 (Public Input & Regular Meeting), May 12, 2017 (Budget Workshop) Item 4b: Bills paid through May 31, 2017 Item 4c: Approval of hiring Caleb Bruder for Part Time Code Compliance / Police Officer removed from consent agenda Item 4d: Approval of Items for Surplus and authorize disposal of items through Giddeon (current auction contract) Item 4e: Award of Bid to P&S Paving Inc for CDBG Road Resurfacing Project Item 4f: Approval of Policy and Procedure Manual and Updated Job Descriptions removed from consent agenda Item 4g: Input for Gateway Corridor Historic Style Review for new school building at 134 N. Euclid Avenue removed from consent agenda Item 4h: Authorization for City Administrator to submit application for the DEO FY Grant Opportunities Item 4c: Approval of hiring Caleb Bruder for Part Time Code Compliance / Police Officer Discussion with input from Police Chief Michael Walker. MOTION by Commissioner Tom Wilson to approve hiring Caleb Bruder for Part Time Code Compliance / Police Officer. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. Item 4f: Approval of Policy and Procedure Manual and Updated Job Descriptions Discussion with input from City Administrator Jason Yarborough and City Clerk Becky Witte. MOTION by Vice Mayor Vernon Burton to approve item 4f as presented the Policy and Procedure Manual and Updated Job Descriptions. SECOND by Commissioner Jim Connell. Discussion with input from City Attorney Scott Simpson. MOTION CARRIED 4 1 with Mayor Buddy Snowden voting NO. Item 4g: Input for Gateway Corridor Historic Style Review for new school building at 134 N. Euclid Avenue to be moved to Item 6c. MOTION by Commissioner Michael Woods to approve: Item 4a: Approval of Minutes: May 11, 2017 (Public Input & Regular Meeting), May 12, 2017 (Budget Workshop), Item 4b: Bills paid through May 31, 2017, Item 4d: Approval of Items for Surplus and authorize disposal of items through Giddeon (current auction contract), Item 4e: Award of Bid to P&S Paving Inc for CDBG Road Resurfacing Project, Item 4h: Authorization for City Administrator to submit application for the DEO FY Grant Opportunities as presented on the consent agenda. SECOND by Commissioner Tom Wilson. MOTION CARRIED UNANIMOUSLY. Regular City Commission Meeting Page 2 of 6 June 8, 2017

14 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell ITEM 5: MONTHLY REPORTS: ITEM 5A: Planning and Land Development Regulation Commission: Chairman Joe Hammett recapped the May Regular PLDRC Meeting. ITEM 5B: City Administrator/City Engineer: City Administrator Jason Yarborough discussed the Florida League of Cities Conference with Mayor Snowden as the Voting Delegate, Asa Gray Garden Club update, as well as upcoming workshop on July 14, Discussion MOTION by Commissioner Tom Wilson to appoint Mayor Buddy Snowden as the Voting for the 91 st annual Florida League of Cities Conference. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. Discussion with Heather Lindsay and Lewis Long regarding insurance and user agreement for Asa Gray Park. Consensus to authorize the City Administrator to negotiate an agreement with the Lake Helen Garden Club regarding Asa Gray Park. July 14, 2017 at 11:00am Workshop Meeting to bring discussions including assessments. ITEM 5C: City Attorney: None ITEM 5D: Police Chief and Code Compliance: None ITEM 6: PUBLIC HEARINGS: Item 6a: Special Exception for Scout Motor Cars at 189 E. Ohio Avenue Discussion with input from City Administrator Jason Yarborough and Applicant Michael Vladika MOTION by Commissioner Jim Connell to approve the Special Exception for Scout Motor Cars at 189 E. Ohio Avenue as recommended by the Planning and Land Development Regulation Commission. SECOND by Vice Mayor Vernon Burton. Discussion with input from City Attorney Scott Simpson. MOTION CARRIED UNANIMOUSLY. Item 6b: Special Exception for Blake Christian Academy (K 8 School) at 134 N. Euclid Ave Discussion with input from City Administrator Jason Yarborough and Applicant Christie Locklin Disclosure of Exparte Communications: Mayor Buddy Snowden disclosed conversations with staff, Christie Lockin and letters received. Commissioner Michael Woods disclosed a phone conversation with Christie Lockin (Applicant) on May 25, 2017 and on May 26, 2017 met with applicant at City Hall. Commissioner Tom Wilson disclosed seeing Pastor Tony Wishon at the Handyway on June 7, 2017 as well as discussions with the City Clerk and City Administrator. Regular City Commission Meeting Page 3 of 6 June 8, 2017

15 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Vice Mayor Vernon Burton disclosed a conversation with Applicant Christie Lockin and noted that he had received many letters and phone calls which he has not been able to return. Commissioner Jim Connell disclosed that he did call Applicant Christie Lockin and let her know that he couldn t talk to her. He discussed his practice of responding to all s and phone calls which he copied the City Clerk and City Administrator. Commissioner Connell said he did listen to the Audio Minutes of the Planning and Land Development Regulation Commission May 22, 2017 Meeting. Discussion with input from City Administrator Jason Yarborough and City Attorney Scott Simpson. Presentation by Applicant Christie Lockin with input from Contractor Bill Bohlen. Mayor Buddy Snowden opened the Public Hearing Paul Long, 164 N. High Street Connie Ashcraft, 543 John Street Melody Bradley, 1035 Rolling Acres, DeLand Alanna Elandson, 898 Tulip Street, Deltona Erin Parson, 749 Cassadaga Road Jill Wilkins, 171 S. Prevatt Avenue Keith Kelsey, 2100 Stratford Drive, DeLand Kendall Ward, 122 Sweet Birch, DeLand Bob Cortelyou, 2285 Mandarin Road, DeLand Sarah Hayman, 2323 Oleander Road, DeLand Tony Wishon, 424 Hazel Street Lewis, Caryn and Clark Long, 164 S. Euclid Avenue Brianna Patterson, 1435 Ramsey Acres Barbara Bowes, 363 Harlan Avenue Linda Prettyman, 212 Pleasant Street Derek Mears, 351 Lemon Avenue Sylvia Scarlet, 565 John Street Betty Doherty, 136 Cypress Circle Rev. JC Galloway, 4103 N Hwy 17, DeLand Janice Driggers, 455 Westlake Drive Lewis Long (Historic Preservation Board) Elevation Review Amy Nickles, 101 Brook Green Way Cliff Patterson, 1435 Ramsey Acres Todd Preston, 106 Connecticut Avenue Mayor Buddy Snowden closed the Public Hearing Discussion with input from City Attorney Scott Simpson and applicant Christie Locklin. Regular City Commission Meeting Page 4 of 6 June 8, 2017

16 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell MOTION by Commissioner Jim Connell to approve the Special Exception for Blake Christian Academy (K 8 School) at 134 N. Euclid Ave as recommended by the Planning and Land Development Regulation Commission. SECOND by Commissioner Michael Woods. Discussion with input from Lewis Long (Euclid Avenue) and Pastor Tony Wishon. MOTION CARRIED 3 2 with Commission Tom Wilson and Mayor Buddy Snowden voting NO. Item 6c: Final Development Plan for Blake Christian Academy at 134 N. Euclid Ave with addition of Consent Agenda Item 4g: Input for Gateway Corridor Historic Style Review for new school building at 134 N. Euclid Avenue Relocated from Consent Agenda. City Attorney Scott Simpson recommended to table the item and schedule a Joint Workshop with the Planning and Land Development Regulation Commission. MOTION by Commissioner Tom Wilson to table the discussion and schedule a Joint Workshop with the Planning and Land Development Regulation Commission on Monday, June 19, 2017 at 5:00pm. SECOND by Commissioner Jim Connell. Discussion with applicant Bill Bohlen, Pastor Tony Wishon, Christie Locklin. MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Michael Woods to continue the Final Site Plan for Blake Christian Academy until Monday, June 19, 2017 immediately following the 5:00pm workshop for the meeting of the City of Lake Helen City Commission Meeting in these Chambers (2 nd floor of City of Lake Helen City Hall). SECOND by Commissioner Tom Wilson. Discussion. MOTION CARRIED UNANIMOUSLY. ITEM 7: PUBLIC FORUM: None Item 8: COMMISSION CONSIDERATION: Item 8a: Consideration of Appointment to Planning and Land Development Regulation Commission (PLDRC) Discussion with input from Travis Grimm and Ann Robbins. MOTION by Commissioner Michael Woods to appoint Travis Grimm to the Planning and Land Development Regulation Commission. SECOND by Vice Mayor Vernon Burton. Discussion. MOTION CARRIED 3 2 with Commission Tom Wilson and Mayor Buddy Snowden Voting NO. Item 8b: Consideration of disposal of real estate owned by the City of Lake Helen Discussion with input from City Administrator Jason Yarborough, City Attorney Scott Simpson, Public Works Superintendent Rick Mullen. Regular City Commission Meeting Page 5 of 6 June 8, 2017

17 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell MOTION by Commissioner Tom Wilson to solicit proposals for the sale of the surplus property at 165 W. Ohio Avenue with a minimum bid $110,000, with 12 months to relocate, buyer to pay moving cost, and sell as is, where is with no financing contingencies as with the sale of 611 N. High Street. SECOND by Commission Michael Woods. MOTION CARRIED UNANIMOUSLY. ITEM 9: COMMISSION DISCUSSION: Item 9a: Discussion of Parade Marshal for the th of July Parade Discussion of Parade Marshal for the th of July Parade Consensus of the wives of the City Commissioners to be the Parade Marshall with Vice Mayor Burton to drive. Discussion of the 4 th of July and Miss Lake Helen. Item 9b: Discussion of Local Option Sales Tax Survey Consensus of City Administrator and Public Works Superintendent s recommendations. ITEM 10: MAYOR S REPORT AND COMMISSIONERS REPORTS BY ZONE ITEM 11: ADJOURNMENT: Mayor Buddy Snowden adjourned of the June 8, 2017 Regular Meeting of the Lake Helen City Commission at 12:44 am on June 9, Regular City Commission Meeting Page 6 of 6 June 8, 2017

18 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell City Commission Joint Workshop with Planning and Land Development Regulation Commission (PLDRC) June 19, 2017 at 5:00pm City Chambers MINUTES Present: City Commission: Mayor Buddy Snowden Vice Mayor Vernon Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell PLDRC: Chairman Joseph Hammett Commissioner Ann Nehrig Commissioner Stacy Eckert Commissioner Robert Feather Commissioner Joy Taylor Commissioner Travis Grimm Commissioner Roxann Goodman (late arrival) Staff: City Attorney Scott Simpson City Clerk Becky Witte City Administrator Jason Yarborough CALL TO ORDER: Mayor Buddy Snowden called to order the June 19, 2017 Workshop at 5:02pm. CERMEMONIAL MATTERS: Legislative Prayer led by Lewis Long followed by the Pledge of Allegiance. DELETIONS OR MODIFICATIONS TO AGENDA: None PUBLIC FORUM: None DISCUSSION: Blake Christian Academy Final Site Plan City Attorney Scott Simpson discussed the workshop procedure ROLL CALL: by City Clerk City Administrator Jason Yarborough presented a history of the application. Chairman Joseph Hammett recapped the discussion and decision of the Planning and Land Development Regulation Commission. Discussion with input from City Administrator Jason Yarborough, City Attorney Scott Simpson, Applicants Christie Locklin, Bill Bohlen, Pastor Tony Wishon, Rev. Galloway and Traffic Engineer Vasu T. Persaud, PE, AICP. Public Input: Joyce Kopp (910 W. Rich Ave, DeLand) Lillian Harris (1330 E. Taylor Road, DeLand) Rev. Galloway (4105 N US Hwy 17, DeLand) ADJOURNMENT: Mayor Buddy Snowden called to order the June 19, 2017 Joint Workshop at 7:12 pm. Special Meeting of the City Commission to begin at 7:30pm. Joint Workshop with PLDRC Page 1 of 1 June 19, 2017

19 Present: Mayor Buddy Snowden Commissioner Tom Wilson Commissioner Jim Connell City Clerk Becky Witte City of Lake Helen Volusia County, Florida City Commission Special Meeting Blake Christian Academy Final Site Plan June 19, 2017 Immediately following Joint Workshop with Planning and Land Development Regulation Commission (PLDRC) City Chambers MINUTES Vice Mayor Vernon Burton Commissioner Michael Woods City Attorney Scott Simpson City Administrator Jason Yarborough Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell CALL TO ORDER: Mayor Buddy Snowden called to order the June 19, 2017 Special Meeting at 7:31 pm. DELETIONS OR MODIFICATIONS TO AGENDA: None PUBLIC FORUM: None DISCUSSION: Blake Christian Academy Final Site Plan City Attorney Scott Simpson discussed the procedure for the Quasi Judicial Proceedings. Disclosure of Ex Parte Communications: Commissioner Tom Wilson: No disclosure Vice Mayor Vernon Burton: No disclosure Commissioner Michael Woods: Disclosed on June 15, Commissioner Jim Connell Disclosed a phone call which he did not return. Mayor Buddy Snowden Disclosed conversation with Lewis Long on June 18, 2017 and that he delivered said letter from Mr. Long to City Commission. Applicant Christie Locklin requested to withdraw former final site plan and submit a new final site plan (attached). The new site plan includes access ingress and egress on W. Main Street with relocation of current drive closer to N. High Street. The site plan also includes handicap accessibility from Harlan Avenue as well as concrete sidewalk to connect drop off point to new building. Drainage and parking will be addressed during building permit application. MOTION by Vice Mayor Vernon Burton to incorporate the entire record of the workshop between the City Commission and the Planning and Land Development Regulation Commission immediately before Special Meeting Blake Christian Academy Page 1 of 3 June 19, 2017

20 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell this meeting into the record. SECOND by Commissioner Michael Woods. MOTION CARRIED UNANIMOUSLY. Recording on CD has been attached to he official record file. Discussion with input from City Attorney Scott Simpson, City Clerk Becky Witte, City Administrator Jason Yarborough. MOTION by Commissioner Michael Woods to approve final site plan for Blake Christian Academy at 134 N. Euclid as recommend by the PLDRC with the following changes: a. Stacked car loop with approximately 32 cars stacked on property. Ingress and Egress from W. Main Street b. In the interest of better traffic control and public safety, the property owner will notify the City of any special events (special events include events not part of the normal daily curriculum for example School Plays, Parent Breakfast, Ceremonies, etc.) on the project site 30 days in advance of the proposed event. c. In the interest of better traffic control and public safety, the property owner may request changes or modifications to start and/or dismissal times to the City Administrator or his/her designee at least 30 days in advance of the proposed change (Original Start Time: 8:15am / Original Dismissal Time: 2:45pm). Authorization from the City Administrator or his/her designee is required. d. Compliance with all applicable Land Development Regulations e. Final approval from SJRWMD, Volusia County, and all applicable agencies to be reviewed at Building Permit Application by City Administrator f. Orientation and design as reviewed by the Historic Preservation board with addition of brackets on the East and West sides of the building. g. Handicap parking access from Harlan Avenue. h. Addition of Sidewalk from car loop to new building entrance. SECOND by Vice Mayor Vernon Burton. MOTION AMENDED to eliminate the specific number of cars stacked on property. AMENDED MOTION by Commissioner Michael Woods to approve final site plan for Blake Christian Academy at 134 N. Euclid as recommend by the PLDRC with the following changes: a. Stacked car loop on property. Ingress and Egress from W. Main Street b. In the interest of better traffic control and public safety, the property owner will notify the City of any special events (special events include events not part of the normal daily curriculum for example School Plays, Parent Breakfast, Ceremonies, etc.) on the project site 30 days in advance of the proposed event. c. In the interest of better traffic control and public safety, the property owner may request changes or modifications to start and/or dismissal times to the City Administrator or his/her designee at least 30 days in advance of the proposed change (Original Start Special Meeting Blake Christian Academy Page 2 of 3 June 19, 2017

21 City of Lake Helen Volusia County, Florida Mayor Buddy Snowden Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Time: 8:15am / Original Dismissal Time: 2:45pm). Authorization from the City Administrator or his/her designee is required. d. Compliance with all applicable Land Development Regulations e. Final approval from SJRWMD, Volusia County, and all applicable agencies to be reviewed at Building Permit Application by City Administrator f. Orientation and design as reviewed by the Historic Preservation board with addition of brackets on the East and West sides of the building. g. Handicap parking access from Harlan Avenue. h. Addition of Sidewalk from car loop to new building entrance. AMENDED SECOND by Vice Mayor Vernon Burton. Commissioner Tom Wilson requested his concern with Gateway Corridor Compliance be on the record. Discussion with input from applicant. Roll Call Vote: Zone 1, Commissioner Tom Wilson no Zone 2, Vice Mayor Vernon Burton yes Zone 3, Commissioner Michael Woods yes Zone 4, Commissioner Jim Connell yes Mayor, Mayor Buddy Snowden yes MOTION CARRIED 4 1 with Commissioner Tom Wilson voting NO. ADJOURNMENT: Mayor Buddy Snowden called to order the June 19, 2017 Special Meeting at 7:54 pm. Special Meeting Blake Christian Academy Page 3 of 3 June 19, 2017

22 City of Lake Helen Commissioners' Financial Report For the 9 Month(s) Ended June 30, 2017 Total Revenue Total Expenditures Variance General Fund $ 1,418, $ 1,554, $ (135,951.27) Over budget Utlity Fund 477, , , Stormwater Fund 46, , , Donations Fund 26, , , CAC Fund 6, , (91,038.64) Over budget Totals $ 1,975, $ 2,001, $ (25,996.15) Total Revenue 46, , , , $1,418, General Fund Utlity Fund Stormwater Fund Donations Fund CAC Fund Budget Analysis: As of the end of June we are 75.0% into the fiscal year. General Fund. Expenditures in the General Fund are currently exceeding revenues, primarily due to expenditures associated with Hurricane Matthew, for which the city has not yet received any reimbursements from FEMA. To date, virtually all claims have now been submitted to FEMA. Meaning reimbursements from FEMA are increasingly imminent. Additionally, the City is now working with State officials to complete the reimbursement process. Legal. Legal expenditures are currently at 90% of budget; ideally they should be at 41.7% or less. Café. Expenditures are exceeding revenue in the Café fund, because of the loss of revenue during the period when no rent was being received. Unrecorded Expenditures. Due to the date in which this report must be produced, there are expenditures that occurred in this month s reporting period that are not yet available for this report, because we have not yet received all of the month s invoices. The cash disbursements report does reflect, however, all payments of cash that occurred during the month. Prepared by Jason J. Lawrence 7/6/2017 Page 1

23 Vendor Payments June 2017 Vendor Amount Nationwide $ Capital One Bank $ 6, Hartford $ Sunshine State One Call of FL $ Primary Care Physicians $ Century Link $ Crystal Springs $ Halifax Humane Society $ J Yarborough $ D.G. Meyer $ 7, Four Townes Embroidery $ James & Son's Landscaping,LLC $ 1, Becky Witte $ T-Mobile $ Cabin On The Lake $ 1, Armchem International $ Staples Advantage $ Water Utility Reimbursement $ Hawkins $ Karen Crawford $ AFLAC $ Metlife-Group Benefits $ PayChex $ FRS $ 5, ACS $ Jason Lawrence $ ECT $ 3, J & J Security Svs. Corp $ 2, National Life Group $ RNR 401K PSP $ USA Blue Book $ South Daytona Tractor & Mower $ 1, Muni Police Officers' Fund $ FLORIDA HEALTHCARE $ 7, Duke Energy $ 6, Ferguson Enterprises Inc. $ Wright Express $ 1, Big Dog Site Work LLC $ 3, FMIT $ 19, CFB Outdoors Inc. $ 3, Olsen Tech. $ Brent Bauske Piano $ County of Volusia $ West Volusia Beacon $

24 East Central FL Regional Planning Council $ 3, Expert Pay $ ZHE $ LPG Urban & Regional Planners, Inc. $ 1, MaryAnn Douglas $ Michael Wright $ Verizon $ Waste Pro $ 19, Whitehouse Contracting $ 3, River to Sea TPO $ Century Link AZ $ Lowes $ 1, Ken Mullen Plumbing $ 1, Scott E. Simpson P.A. $ 5, AVG Technologies Inc. $ Biometric Utility $ Universal Engineering Sciences $ Spectrum Business $ Seminole Office Solutions $ West Volusia Shed Co.Inc. $ 2, Toshiba $ Sherwin-Williams $ Total $ 122,459.86

25 Meeting Date: June 20, 2017 Chairman David Hughes Vice Chairman Lewis Long Cory Spaziani Chris Williams Mark Shuttleworth ' d t z KZZ/ KZ,/^dKZ/ ^dz> Z s/ t ^ŝŷőůğ &ĂŵŝůLJ ZĞƐŝĚĞŶĐĞ ϯϵϭ ^ sžůƶɛŝă ǀĞ City of Lake Helen, Florida the Lure is Lasting...

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32 COUNTY OF VOLUSIA STANDARD INTERLOCAL AGREEMENT FOR PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES TO THE CITY OF LAKE HELEN, FLORIDA THIS AGREEMENT is entered into by and between the County of Volusia, a political subdivision of the State of Florida, with administrative offices at 123 West Indiana Avenue, DeLand, Florida , hereinafter referred to as COUNTY, and the City of Lake Helen, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with administrative offices at 327 South Lakeview Drive, Lake Helen, Florida 32744, hereinafter referred to as CITY. RECITALS WHEREAS, the COUNTY is authorized by (1)p, Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit in behalf of the other, of any of either agency s authorized functions ; and WHEREAS, public agencies (including COUNTY and CITY) are authorized by (14), Florida Statutes, to enter into contracts for the performance of service functions of [such] public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of... county or city officers. The parties expressly deny any intent, expressed or implied, in this Agreement to provide for a delegation by CITY of such constitutional or statutory duties to COUNTY; and WHEREAS, pursuant to (2), Florida Statutes, the foregoing authorization for such agreements is granted to counties and cities for the purpose of permitting local governments to make the most efficient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that shall accord best with geographic, economic, population, and other factors influencing the needs and development of local communities ; and WHEREAS, pursuant to (19), Florida Statutes, neither the COUNTY nor the CITY waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. This Agreement does not contain any provision that requires one party to indemnify or insure the other party for the other party s negligence, or to assume any liability for the other party s negligence; and WHEREAS, the City Commission of CITY, after evaluation of options for the provision to its residents of the fire and emergency medical services enumerated herein, has made a legislative determination that the interests of its residents will be best served by contracting with COUNTY for provision of such services, which services will be performed by COUNTY personnel; and WHEREAS, COUNTY certifies that Volusia County Fire Rescue Service (hereinafter Interlocal Agreement for FY17-20 Page 1 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

33 VCFRS ) has qualified personnel or subcontractors to perform the fire suppression and emergency medical services identified hereunder pursuant to its dynamic and countywide system approach to emergency responses enumerated herein. NOW, THEREFORE, in consideration of the foregoing recitals which are true, material, and incorporated herein by reference, and other specific consideration set forth in this Agreement, the receipt and sufficiency of which is acknowledged by COUNTY and CITY, the parties agree and stipulate as follows: 1. The foregoing representations are hereby adopted as a material part of this Agreement. 2. PURPOSE. The purpose of this Agreement is for the COUNTY to provide for the duration of this Agreement fire suppression and emergency medical services within the CITY s jurisdictional limits. This Agreement is not intended, and shall not be construed in any way to deprive a party of its jurisdictional powers, nor is it the intention of the parties to combine their individual agencies into a single agency or district to provide the services encompassed by this Agreement. This Agreement shall not be used to preclude either party from entering into other mutual aid or interlocal agreements with neighboring local governments, nor shall it preclude either party from participating in a statewide mutual aid or other similar mutual aid program. 3. COUNTY LIAISON. COUNTY shall manage the delivery of the services described in Article 10 of this Agreement by allocating service task responsibilities along the organization lines of VCFRS under its dynamic and countywide system approach. The VCFRS Director shall be the COUNTY s liaison to CITY for purposes of performance, interpretation, and implementation of this Agreement. 4. NO PLEDGE OF AD VALOREM TAXES. The parties agree that this Agreement does not constitute a general indebtedness of the CITY within the meaning of any constitutional, statutory, or charter provision of limitation and it is expressly agreed by the parties that the COUNTY shall not have the right to require or compel the exercise of ad valorem taxing power of CITY, or taxation of any real or personal property therein for payment of any monetary obligations due under the terms of this Agreement. It is further agreed that this Agreement and any funds called for to be paid hereunder shall not constitute a lien upon any real or personal property of CITY, any part thereof, and that the obligation for monetary payments called for to be made hereunder shall be deemed to exist for less than a year at any point in time and shall be entirely subject to the legislative budgetary discretion of the CITY and the COUNTY. 5. THIRD PARTIES. In no event shall any of the terms of this Agreement confer upon any third person, corporation, or entity other than the parties hereto any right or cause of action for damages claimed against any of the parties to this Agreement arising from the performance of the obligations and responsibilities of the parties herein or for any other reason. 6. COUNTY PERSONNEL. COUNTY in its sole discretion shall allocate manpower and equipment for the performance of the services provided on an as needed basis. This Agreement shall not require any particular COUNTY employee to be dedicated full time to the services performed hereunder. All COUNTY personnel assigned to perform the services hereunder shall remain subject to the COUNTY Merit System of Rules and Regulations for all purposes Interlocal Agreement for FY17-20 Page 2 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

34 contemplated there under, including, but not limited to initial appointment and probation, training and assignment, promotions, merit and cost-of-living raises, annual leave and sick leave, and disciplinary actions. Any claim of a disciplinary nature by CITY regarding a COUNTY employee shall be referred to the VCFRS Director, who shall remain the appointment authority for such employee, for all purposes designated under the COUNTY Merit System of Rules and Regulations. Such COUNTY employees shall have no right to elect or choose any procedures available to CITY employees. 7. TERM. This Agreement shall commence on October 1, 2017 and shall terminate at midnight on September 30, 2020, unless terminated pursuant to the provisions of Article TERMINATION. Either party may terminate this Agreement without cause or further liability to the other, upon written notice to the party representative specified in Article 9, given no less than 90 days prior to the requested termination date. Such notice shall be delivered by certified mail, return receipt requested, and the date of the notice shall be the date the receipt therefore is signed by an employee, official, or representative of the other party. 9. NOTICE. All notice required under this Agreement shall be in writing and shall be sent by certified United States Mail or national parcel service, postage prepaid, return receipt requested, or by hand-delivery with a written receipt of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this article. Notice as required to be given in this Agreement shall be provided to the following persons: a. COUNTY: County Manager, James T. Dinneen, Thomas C. Kelly Administration Center, 123 W. Indiana Avenue, DeLand, Florida b. CITY: City Administrator, Jason Yarborough, 327 South Lakeview Drive, Lake Helen, Florida SERVICES PROVIDED. COUNTY agrees to provide emergency response resources for the purpose of providing expeditious and effective fire suppression and emergency medical service delivery to CITY Fire rescue protection shall be provided in accordance with the Volusia County Fire Rescue Services (VCFRS) dynamic and system wide approach. As such, all emergency and nonemergency responses shall be based upon type with the associated response profile pursuant to VCFRS s standard operating procedures used countywide. Fire response apparatus that shall be used to respond to emergency calls within the city limits of Lake Helen shall be any equipment from the fleet that is used by VCFRS in the dynamic and countywide system approach to emergency responses. The emergency or nonemergency response shall not be restricted to origination from a designated station, allowing for dynamic staffing and based upon availability of resources countywide during the time of need COUNTY agrees to provide immediate response of emergency personnel to the scene of an emergency within the CITY s jurisdiction for all emergency requests for Interlocal Agreement for FY17-20 Page 3 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

35 service. Emergency requests for service shall include, but are not limited to, fire calls, hazardous materials calls, and first responder medical calls of significant nature (e.g., Trauma Alerts and Medical patients) Community involvement activities within the city limits of Lake Helen shall be provided upon request from the CITY subject to availability of COUNTY resources and rates based on FEMA pricing. Such activities would include: special and public events representation by certain VCFRS personnel based on standby/coverage assignment for activities such as fireworks, historical reenactments, parades, equestrian events, and apparatus demonstrations (i.e., any civic, private school, church, or daycare events). Upon request from the CITY for such an event within the city limits of Lake Helen, VCFRS shall assign a unit under a detail at rates based on FEMA pricing ALS shall be the minimum level service provided by VCFRS and may be from Station 35 depending on the availability of resources under VCFRS s dynamic and countywide system approach to emergency responses. ALS and medical transport shall be provided by VCEMS based on availability. The minimum staffing level shall be one (1) state certified firefighter/emergency medical technician and one (1) state certified firefighter paramedic Service Standard. The services provided hereunder shall comply with the requirements of Chapter 633, Florida Statutes (firefighters) and , Florida Statutes (emergency medical technicians) including any personnel standards and certification requirements, rules or other workplace safety regulations imposed or otherwise adopted by the state pursuant thereto, to mitigate risks to firefighting and emergency medical personnel and the general public For all disasters, be it man-made or natural, VCFRS shall respond and provide emergency assistance within its scope. However, for any long-term recovery operations as a result of any disaster, the City of Lake Helen would be responsible to ensure measures are in place to provide for sustainment efforts to that recovery. If VCFRS is able to provide assistance, then reimbursement for all costs associated for personnel, apparatus, and equipment shall be the responsibility of the City of Lake Helen and shall be in addition to the contract cost defined in Article 12 of this Agreement. 11. LEVEL OF SERVICE. COUNTY agrees to provide the personnel and equipment at the level of service specified in Article 10 of this Agreement. Should the CITY desire the COUNTY to provide services either different in kind, or at a service level different than that contemplated herein, the City Administrator shall make written request to the County Manager or designee and, such notice shall be sent in accordance with Article 9. Any mutually agreed-upon modification to the kind of service and/or level of service to be provided by the COUNTY shall be reduced to writing and approved by the appropriate officials of both parties. Any reduction in level of service desired by the CITY shall only be effective at the beginning of a new contract year unless both parties agree otherwise. Upon the written agreement of the COUNTY to provide a change to services which increase the level of service, the new level of service shall commence within sixty (60) days following the date of execution of the written agreement by the Interlocal Agreement for FY17-20 Page 4 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

36 COUNTY or the beginning of a new contract year whichever shall first occur. The foregoing shall not be construed as requiring the COUNTY to agree to make a change to the kind of service and/or increase to the level of service to be provided by the COUNTY. Upon a change in kind of service and/or increase in the level of service to be provided by the COUNTY, compensation to the COUNTY shall be immediately adjusted to conform to the new service provided. 12. COMPENSATION. CITY shall pay COUNTY the sum of THREE HUNDRED FIFTY THREE THOUSAND SEVEN HUNDRED EIGHTY-TWO DOLLARS AND FORTY-THREE CENTS ($353,782.43). This amount reflects what would have been collected by the COUNTY if the CITY had remained in the fire fund. This amount will be calculated annually and compensation to COUNTY shall be adjusted and reconciled as stated herein in each fiscal year of the term of this Agreement. Said amount will be based on the fire fund millage rate and the CITY s property tax values for the foregoing fire protection services for the remainder of the term of this agreement, in accordance with CITY s adopted budget for said services. COUNTY agrees to provide the personnel and equipment at the level of service reflected herein. Should the CITY desire that the COUNTY provide services either different in kind, or at a higher staffing level than that contemplated herein, the City Administrator shall have the authority to negotiate with the COUNTY regarding modification of the Agreement and shall bring any modification to which the COUNTY agrees to the City Commission for appropriate action. During a fiscal year, any request for modification of service level by the city shall be in writing and in accordance with the notification requirements of Article 9. Should a conflict arise between the parameters of a request to modify services those of Article 10, Article 10 shall be controlling. COUNTY shall draw down funds from the CITY on a quarterly basis for service provided hereunder. Upon completion of the contract year, any subsequent year, or renewal term, the COUNTY shall reconcile actual costs against the compensation set forth in this Section 12 and remit to CITY any monies paid by CITY in excess of actual costs incurred by COUNTY no later than December 31 st of the year of the invoice or COUNTY shall invoice the CITY for the difference between actual costs incurred by the COUNTY and the compensation set forth in this Section 12 and CITY shall pay the same to the COUNTY no later than December 31 st of the year of the invoice. The CITY pledges any legally available non-ad valorem taxes to pay any deficit in compensation to the COUNTY for services rendered to the CITY under this Agreement and agrees to pay any such deficit from such funds even in the event of termination of this Agreement. 13. DISPUTE RESOLUTION. Any disputes concerning non-performance, or other aspects of this agreement for which either party initiates litigation to enforce its rights hereunder, shall be subject to the provisions of Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act. 14. SEVERABILITY. If any provision of this Agreement is found to be unconstitutional, illegal, or otherwise unenforceable by judgment of a court of competent jurisdiction, such judgment shall not invalidate the remainder of this Agreement, unless such judgment renders the purpose or performance of this Agreement no longer practical for either party. Interlocal Agreement for FY17-20 Page 5 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

37 15. ENTIRE AGREEMENT. This Agreement reflects the full and complete understanding of the parties and may be modified or amended only by a document in writing executed by all the parties, with the same formalities as this Agreement. THIS SPACE INTENTIONALLY LEFT BLANK Interlocal Agreement for FY17-20 Page 6 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

38 IN WITNESS WHEREOF, the parties to this County of Volusia Standard Interlocal Agreement for Provision of Fire and Emergency Medical Services to the City of Lake Helen have caused the same to be signed by their duly authorized representatives on the dates indicated below. ATTEST: COUNTY OF VOLUSIA By: By: Name: James T. Dinneen Name: Ed Kelley Title: County Manager Title: County Chair Dated: Dated: ATTEST: CITY OF LAKE HELEN By: By: Name: Rebecca Witte Name: Jason Yarborough Title: City Clerk Title: City Administrator Dated: Dated: Interlocal Agreement for FY17-20 Page 7 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

39 ADDENDUM COUNTY OF VOLUSIA, FLORIDA DELIVERY OF FIRE AND EMERGENCY MEDICAL SERVICES TO THE CITY OF LAKE HELEN Interlocal Agreement for FY17-20 Page 8 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

40 City of Lake Helen City Commission Meeting July 13, 2017 Monthly Reports: Planning and Land Development Regulation Commission (PLDRC) City Administrator / City Engineer City Attorney Police Chief and Code Compliance

41 City of Lake Helen City Commission Meeting July 13, 2017 PUBLIC HEARINGS Resolution Tentative Millage

42 Meeting Date: July 13, 2017 City of Lake Helen Agenda Memorandum Public Hearing ITEM 6A: Consideration of Resolution Tentative Millage Subject: This resolution adopts the proposed millage rate of 7.8 mills for fiscal year ending September 30, Title of Resolution : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE HELEN OF VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR; ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES AT A MILLAGE RATE OF 7.8 MILLS (WHICH IS HIGHER THAN THE ROLLED-BACK RATE OF AN INCREASE OF 6.78%) AND PROVIDING AN EFFECTIVE DATE. Synopsis: Each year the City Commission reviews the tentative budget during budget workshops and adopts a Resolution setting the tentative millage which is given to the Volusia County Property Appraiser for use in preparing the Notice of Proposed Property Taxes. The proposed millage rate necessary to fund the tentative general City budget for the City s Fiscal Year is 7.8 mills. A public hearing will be held to consider the proposed millage rate and the tentative budget for the City of Lake Helen on Wednesday, September 6, 2017, at 7:00 p.m. with a second public hearing to follow that hearing tentatively set for Thursday, September 14, 2017 at 7:00 p.m. before the Regular City Commission Meeting. Recommendation: Commission Consideration of approving Resolution Tentative Millage Suggested Motion: Motion to adopt Resolution Tentative Millage Attachment(s): Resolution Tentative Millage

43 RESOLUTION A RESOLUTION BY THE CITY OF LAKE HELEN, FLORIDA, RELATING TO THE LEVY OF A GENERAL MUNICIPAL AD VALOREM TAX FOR THE TAX YEAR; PROVIDING A ROLLED BACK MILLAGE RATE FOR GENERAL MUNICIPAL PURPOSES; ESTABLISHING A PROPOSED MILLAGE RATE FOR GENERAL MUNICIPAL PURPOSES; ESTABLISHING A PUBLIC HEARING; PROVIDING FOR NOTICE TO THE VOLUSIA COUNTY PROPERTY APPRAISER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Volusia County Property Appraiser certified the 2017 taxable values for General Municipal purposes to the City Commission of the City of Lake Helen on June 26, 2017; and WHEREAS, Section (2)(b), Florida Statutes, requires the City Commission to advise the Property Appraiser of the City's prior year millage rate, its rolled back mileage rate, its proposed millage rate and of the time, date and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget; and WHEREAS, the City Commission has discussed the proposed tentative budget for the City in budget workshops for its further consideration in accordance with the controlling provisions of State law; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Lake Helen, Florida, that: 1. The prior year millage rate was 7.8 mills and the rolled back millage rate for General Municipal purposes as computed pursuant to Section (1), Florida Statutes, is mills. 2. The proposed millage rate necessary to fund the tentative General Fund budget for the City's Fiscal Year is 7.8 mills. 3. A public hearing will be held to consider the proposed millage rate and the tentative budget for the City of Lake Helen on September 6, 2017, at 7:00 P.M. in the City Commission Chambers, 327 South Lakeview Drive, Lake Helen, Florida with a second public hearing to follow that hearing. 4. The City Administrator is hereby authorized and directed to provide a copy of this resolution to the Volusia County Property Appraiser for use in preparing the Notice of Proposed Property Taxes, as required by Section , Florida Statutes, and to take any and all necessary administrative actions to implement the provisions of this Resolution including, but not limited to, execution of any Department of Revenue forms necessary to complete this certification. 5. The prior actions of the City of Lake Helen relating to the adoption of City tax rates and related budgetary actions and activities are hereby ratified and affirmed. 6. This Resolution shall take effect immediately upon its passage and adoption. THIS RESOLUTION DULY PASSED AND ADOPTED ON THIS 13TH DAY OF JULY, A.D., 2017, by the City Commission of the City of Lake Helen, Florida at its Regular Meeting duly assembled. CITY OF LAKE HELEN, FLORIDA ATTEST: Jason Yarborough, City Administrator Buddy Snowden, Mayor APPROVED AS TO FORM AND LEGALITY: Scott E. Simpson, City Attorney

44 City of Lake Helen City Commission Meeting July 13, 2017 PUBLIC FORUM Yellow Cards For any individual wishing to speak to any issue not on the agenda. Comments will be limited to three minutes unless otherwise directed by the City Person wishing to speak must approach the front podium, give name and address.

45 City of Lake Helen City Commission Meeting July 13, 2017 Commission Consideration: Adoption of Fire Assessment fees for FY17 18 Resolution

46 City of Lake Helen Agenda Memorandum Commission Consideration ITEM 8A: Adoption of Fire Assessment for FY17-18 Adoption of Resolution Meeting Date: July 13, 2017 Subject: Adoption of Fire Assessment fees for FY17 18, Adoption of Resolution Synopsis: The City contracts for fire service with Volusia County which costs $220,000 for FY The proposed contract from the County for fire services states that the City shall pay the County no less than the amount that would have been collected by the County if the City had remained in the Volusia County Unified Fire Fund. This amount will be calculated annually and will be based on the fire fund millage rate and the City s property tax values. Therefore, based on a tax base of $86,679,513 per the Volusia Property Appraiser and a fire fund millage of , the City will be paying $335, to the County for fire service for FY In order to cover this contract increase, staff recommends the fire assessment be adjusted as follows: Proposed Fire Assessment Rates for Fiscal Year Property Use Category Assessment Unit Assessment per Unit Residential Dwelling Unit $ Vacant/Lot Per Vacant Lot $37.76 General Parcels Square foot $0.28 The proposed fire assessment is based on the following assumptions: Fire Contract with Volusia County for $335, A 4% allowance for non collection for $13, A 5% allowance for charges to be paid to the Property Appraiser/Tax Collector for $16, A 5% allowance for emergency medical services which cannot be collected by a Fire Assessment for ($16,798.49). Institutional Parcels the use of which is exempt from ad valorem taxation under Florida law are Exempt Parcels which are not subject to the Fire Service Assessments. Tax parcels comprising Government Property are Exempt Parcels which are not subject to the Fire Service Assessments. Background: Fire rescue services and facilities in the City have historically been provided by Volusia County Fire Rescue and funded by ad valorem taxes imposed in the "Unified Fire District," a municipal service taxing unit established by Volusia County pursuant to section , Florida Statutes. Through Fiscal Year , the City was included in such MSTU and therefore subject to the ad valorem taxes imposed therein to fund fire rescue services and facilities. In 2015, the City opted out of the Unified Fire District in order to achieve flexibility and greater control over the rate and amount of ad valorem taxes imposed against real property located in the City. Since that time, fire rescue services and facilities continue to be provided by Volusia County Fire Rescue through interlocal agreement with Volusia County pursuant to which the City pays the County an annual amount for such services and facilities.

47 City of Lake Helen Agenda Memorandum Commission Consideration ITEM 8A: Adoption of Fire Assessment for FY17-18 Adoption of Resolution The City has considered the imposition and collection of special assessments, sometimes referred to as non ad valorem assessments, to fund the annual amount due under such interlocal agreement. The City is authorized by Article VIII, Section 2 of the State Constitution, Section , Florida Statutes, the Assessment Ordinance, the Uniform Assessment Collection Act, and other applicable provisions of law to provide for the imposition and collection of special assessments to fund, in whole or in part, the provision of fire rescue services, facilities and programs. In 2016, the City engaged consulting firm Burton & Associates to develop a methodology for apportioning the benefits conveyed by, and the cost of providing, fire rescue services among real property in the City specially benefitted thereby. The City Commission has received presentations from consulting firm Burton & Associates regarding the Fire Rescue Assessments which summarized the special benefits conveyed by fire rescue services and an apportionment methodology based upon historic calls for service. The presentations have been carefully considered by the City Commission in adopting this Resolution. The apportionment methodology and rate classification system based upon historic calls for service is reasonable and equitable and is also manageable and capable of being fairly implemented from year to year without wasteful or extraordinary consumption of resources. The following table describes the Property Use Categories, Demand Percentages, assessment allocation per category, Assessment Units and the estimated rate schedule for the Fire Rescue Assessments for Fiscal Year , which was adopted by the City Commission on August 11, 2016: Assessment Rates for Fiscal Year Property Use Category Demand Percentage (% of calls) Assessment Allocation Allocated Units Assessment Unit Assessment per Unit Residential 66.9% $162,244 1,252 Dwelling Unit $ Vacant/Lot 5.5% $13, Per Vacant Lot $26.00 General Parcels 27.6% $66, ,265 Square Foot $0.19 Recommendation: Motion to Adopt Resolution Attachments: Resolution Draft fire services contract from Volusia County Fire Assessment calculation worksheet

48 Annual Rate Resolution 2017 RESOLUTION A RESOLUTION OF LAKE HELEN, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY; ESTABLISHING THE RATE OF ASSESSMENT FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY; APPROVING THE ASSESSMENT ROLL FOR SUCH FISCAL YEAR AND DIRECTING DELIVERY THEREOF TO THE TAX COLLECTOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF LAKE HELEN, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to City Ordinance No (the "Assessment Ordinance"), City Resolution No (and together with City Resolution No , the "Initial Assessment Resolution"), sections , and , Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution constitutes the Annual Assessment Resolution as defined in the Assessment Ordinance. All capitalized terms not otherwise defined in this Resolution shall have the meanings set forth in the Assessment Ordinance and the Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The City Commission of Lake Helen, Florida (the "City") adopted the Assessment Ordinance on June 9, 2016, which authorizes the imposition of special assessments, sometimes referred to as non ad valorem assessments, to fund the costs associated with providing capital improvements and essential services including fire rescue services. (B) Pursuant to the Assessment Ordinance, the City Commission adopted the Initial Assessment Resolution which approved the imposition of a city wide special assessment to fund the provision of fire rescue services and facilities, directed certification of the Fire Rescue Assessment Roll for Fiscal Year to the Tax Collector for collection, and established the maximum assessment rates which may be used for preparation of the Fire Rescue Assessment Roll in subsequent Fiscal Years. (C) The imposition of Fire Rescue Assessments to fund fire rescue services each Fiscal Year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property. (D) The City Commission desires to continue its Fire Rescue Assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 2017 ("Fiscal Year "). (E) Pursuant to the provisions of the Assessment Ordinance, the City is required to adopt an Annual Assessment Resolution each year during its budget adoption process to approve the Fire Rescue Assessment Roll for the forthcoming Fiscal Year. (F) The Fire Rescue Assessment for each parcel included on the Fire Rescue Assessment 1

49 Annual Rate Resolution 2017 Roll for Fiscal Year does not exceed the maximum assessment rate established in the Initial Assessment Resolution and described in the notices provided pursuant to Sections 2.05 of the Initial Assessment Resolution, and the Fire Rescue Assessment for Fiscal Year is not being imposed against property not previously subject thereto. SECTION 4. APPROVAL AND CERTIFICATION OF ASSESSMENT ROLL FOR FISCAL YEAR (A) For Fiscal Year , the Fire Rescue Assessed Cost to be assessed is approximately $368,000. The rates for the Fire Rescue Assessments to be assessed and apportioned among benefited parcels to generate such Fire Rescue Assessed Cost are as follows: Assessment Rates for Fiscal Year Property Use Category Assessment Unit Assessment per Unit Residential Dwelling Unit $ Vacant/Lot Per Vacant Lot $37.89 General Parcels Square foot $0.28 (B) Such rates were used in preparation of the Assessment Roll for Fiscal Year and are hereby approved. The maximum rates of assessment set forth in the Initial Assessment Resolution are hereby confirmed and may be used for preparation of the Assessment Roll for any subsequent Fiscal Year. (C) It is hereby ascertained, determined and declared that each parcel of Assessed Property within the City will be benefited by the provision of fire rescue services and facilities in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution. Adoption of this Annual Assessment Resolution constitutes a legislative determination that all parcels assessed derive special benefits, as set forth in the Initial Assessment Resolution, from the fire rescue services and facilities to be provided and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefits as set forth in the Initial Assessment Resolution and the Preliminary Rate Resolution. (D) The method for computing Fire Rescue Assessments described in the Initial Assessment Resolution is hereby approved. (E) The Fire Rescue Assessments for fire rescue service and facilities in the amounts set forth in the Assessment Roll for Fiscal Year , as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (F) Fire Rescue Assessments shall constitute a lien upon the Assessed Property which is equal in rank and dignity with the liens of all state, county, district or municipal taxes 2

50 Annual Rate Resolution 2017 and other non ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) The Fire Rescue Assessment Roll as herein approved shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Assessment Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. (H) A copy of the Fire Rescue Assessment Roll shall be maintained in the office of the City Administrator and shall be available for inspection by the public. Such Fire Rescue Assessment Roll is incorporated herein by reference. SECTION 5. SEVERABILITY. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Resolution. SECTION 6. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately THIS RESOLUTION DULY PASSED AND ADOPTED ON THIS 13TH DAY OF JULY, A.D., 2017, by the City Commission of the City of Lake Helen, Florida at its Regular Meeting duly assembled. CITY OF LAKE HELEN, FLORIDA ATTEST: Jason Yarborough, City Administrator Buddy Snowden, Mayor APPROVED AS TO FORM AND LEGALITY: Scott E. Simpson, City Attorney 3

51 Annual Rate Resolution 2017 APPENDIX A FORM OF CERTIFICATE TO NON AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the City Administrator of the City of Lake Helen, Florida (the "City") and an authorized agent of the City; as such I have satisfied myself that all property included or includable on the non ad valorem assessment roll for fire rescue services (the "Non Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non Ad Valorem Assessment Roll will be delivered to the Volusia County Tax Collector by September 15, IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Volusia County Tax Collector and made part of the above described Non Ad Valorem Assessment Roll this day of, LAKE HELEN, FLORIDA By: Jason Yarborough, City Administrator [To be delivered to Tax Collector prior to September 15, 2017] A 1

52 COUNTY OF VOLUSIA STANDARD INTERLOCAL AGREEMENT FOR PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES TO THE CITY OF LAKE HELEN, FLORIDA THIS AGREEMENT is entered into by and between the County of Volusia, a political subdivision of the State of Florida, with administrative offices at 123 West Indiana Avenue, DeLand, Florida , hereinafter referred to as COUNTY, and the City of Lake Helen, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with administrative offices at 327 South Lakeview Drive, Lake Helen, Florida 32744, hereinafter referred to as CITY. RECITALS WHEREAS, the COUNTY is authorized by (1)p, Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit in behalf of the other, of any of either agency s authorized functions ; and WHEREAS, public agencies (including COUNTY and CITY) are authorized by (14), Florida Statutes, to enter into contracts for the performance of service functions of [such] public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of... county or city officers. The parties expressly deny any intent, expressed or implied, in this Agreement to provide for a delegation by CITY of such constitutional or statutory duties to COUNTY; and WHEREAS, pursuant to (2), Florida Statutes, the foregoing authorization for such agreements is granted to counties and cities for the purpose of permitting local governments to make the most efficient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that shall accord best with geographic, economic, population, and other factors influencing the needs and development of local communities ; and WHEREAS, pursuant to (19), Florida Statutes, neither the COUNTY nor the CITY waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. This Agreement does not contain any provision that requires one party to indemnify or insure the other party for the other party s negligence, or to assume any liability for the other party s negligence; and WHEREAS, the City Commission of CITY, after evaluation of options for the provision to its residents of the fire and emergency medical services enumerated herein, has made a legislative determination that the interests of its residents will be best served by contracting with COUNTY for provision of such services, which services will be performed by COUNTY personnel; and WHEREAS, COUNTY certifies that Volusia County Fire Rescue Service (hereinafter Interlocal Agreement for FY17-20 Page 1 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

53 VCFRS ) has qualified personnel or subcontractors to perform the fire suppression and emergency medical services identified hereunder pursuant to its dynamic and countywide system approach to emergency responses enumerated herein. NOW, THEREFORE, in consideration of the foregoing recitals which are true, material, and incorporated herein by reference, and other specific consideration set forth in this Agreement, the receipt and sufficiency of which is acknowledged by COUNTY and CITY, the parties agree and stipulate as follows: 1. The foregoing representations are hereby adopted as a material part of this Agreement. 2. PURPOSE. The purpose of this Agreement is for the COUNTY to provide for the duration of this Agreement fire suppression and emergency medical services within the CITY s jurisdictional limits. This Agreement is not intended, and shall not be construed in any way to deprive a party of its jurisdictional powers, nor is it the intention of the parties to combine their individual agencies into a single agency or district to provide the services encompassed by this Agreement. This Agreement shall not be used to preclude either party from entering into other mutual aid or interlocal agreements with neighboring local governments, nor shall it preclude either party from participating in a statewide mutual aid or other similar mutual aid program. 3. COUNTY LIAISON. COUNTY shall manage the delivery of the services described in Article 10 of this Agreement by allocating service task responsibilities along the organization lines of VCFRS under its dynamic and countywide system approach. The VCFRS Director shall be the COUNTY s liaison to CITY for purposes of performance, interpretation, and implementation of this Agreement. 4. NO PLEDGE OF AD VALOREM TAXES. The parties agree that this Agreement does not constitute a general indebtedness of the CITY within the meaning of any constitutional, statutory, or charter provision of limitation and it is expressly agreed by the parties that the COUNTY shall not have the right to require or compel the exercise of ad valorem taxing power of CITY, or taxation of any real or personal property therein for payment of any monetary obligations due under the terms of this Agreement. It is further agreed that this Agreement and any funds called for to be paid hereunder shall not constitute a lien upon any real or personal property of CITY, any part thereof, and that the obligation for monetary payments called for to be made hereunder shall be deemed to exist for less than a year at any point in time and shall be entirely subject to the legislative budgetary discretion of the CITY and the COUNTY. 5. THIRD PARTIES. In no event shall any of the terms of this Agreement confer upon any third person, corporation, or entity other than the parties hereto any right or cause of action for damages claimed against any of the parties to this Agreement arising from the performance of the obligations and responsibilities of the parties herein or for any other reason. 6. COUNTY PERSONNEL. COUNTY in its sole discretion shall allocate manpower and equipment for the performance of the services provided on an as needed basis. This Agreement shall not require any particular COUNTY employee to be dedicated full time to the services performed hereunder. All COUNTY personnel assigned to perform the services hereunder shall remain subject to the COUNTY Merit System of Rules and Regulations for all purposes Interlocal Agreement for FY17-20 Page 2 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

54 contemplated there under, including, but not limited to initial appointment and probation, training and assignment, promotions, merit and cost-of-living raises, annual leave and sick leave, and disciplinary actions. Any claim of a disciplinary nature by CITY regarding a COUNTY employee shall be referred to the VCFRS Director, who shall remain the appointment authority for such employee, for all purposes designated under the COUNTY Merit System of Rules and Regulations. Such COUNTY employees shall have no right to elect or choose any procedures available to CITY employees. 7. TERM. This Agreement shall commence on October 1, 2017 and shall terminate at midnight on September 30, 2020, unless terminated pursuant to the provisions of Article TERMINATION. Either party may terminate this Agreement without cause or further liability to the other, upon written notice to the party representative specified in Article 9, given no less than 90 days prior to the requested termination date. Such notice shall be delivered by certified mail, return receipt requested, and the date of the notice shall be the date the receipt therefore is signed by an employee, official, or representative of the other party. 9. NOTICE. All notice required under this Agreement shall be in writing and shall be sent by certified United States Mail or national parcel service, postage prepaid, return receipt requested, or by hand-delivery with a written receipt of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this article. Notice as required to be given in this Agreement shall be provided to the following persons: a. COUNTY: County Manager, James T. Dinneen, Thomas C. Kelly Administration Center, 123 W. Indiana Avenue, DeLand, Florida b. CITY: City Administrator, Jason Yarborough, 327 South Lakeview Drive, Lake Helen, Florida SERVICES PROVIDED. COUNTY agrees to provide emergency response resources for the purpose of providing expeditious and effective fire suppression and emergency medical service delivery to CITY Fire rescue protection shall be provided in accordance with the Volusia County Fire Rescue Services (VCFRS) dynamic and system wide approach. As such, all emergency and nonemergency responses shall be based upon type with the associated response profile pursuant to VCFRS s standard operating procedures used countywide. Fire response apparatus that shall be used to respond to emergency calls within the city limits of Lake Helen shall be any equipment from the fleet that is used by VCFRS in the dynamic and countywide system approach to emergency responses. The emergency or nonemergency response shall not be restricted to origination from a designated station, allowing for dynamic staffing and based upon availability of resources countywide during the time of need COUNTY agrees to provide immediate response of emergency personnel to the scene of an emergency within the CITY s jurisdiction for all emergency requests for Interlocal Agreement for FY17-20 Page 3 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

55 service. Emergency requests for service shall include, but are not limited to, fire calls, hazardous materials calls, and first responder medical calls of significant nature (e.g., Trauma Alerts and Medical patients) Community involvement activities within the city limits of Lake Helen shall be provided upon request from the CITY subject to availability of COUNTY resources and rates based on FEMA pricing. Such activities would include: special and public events representation by certain VCFRS personnel based on standby/coverage assignment for activities such as fireworks, historical reenactments, parades, equestrian events, and apparatus demonstrations (i.e., any civic, private school, church, or daycare events). Upon request from the CITY for such an event within the city limits of Lake Helen, VCFRS shall assign a unit under a detail at rates based on FEMA pricing ALS shall be the minimum level service provided by VCFRS and may be from Station 35 depending on the availability of resources under VCFRS s dynamic and countywide system approach to emergency responses. ALS and medical transport shall be provided by VCEMS based on availability. The minimum staffing level shall be one (1) state certified firefighter/emergency medical technician and one (1) state certified firefighter paramedic Service Standard. The services provided hereunder shall comply with the requirements of Chapter 633, Florida Statutes (firefighters) and , Florida Statutes (emergency medical technicians) including any personnel standards and certification requirements, rules or other workplace safety regulations imposed or otherwise adopted by the state pursuant thereto, to mitigate risks to firefighting and emergency medical personnel and the general public For all disasters, be it man-made or natural, VCFRS shall respond and provide emergency assistance within its scope. However, for any long-term recovery operations as a result of any disaster, the City of Lake Helen would be responsible to ensure measures are in place to provide for sustainment efforts to that recovery. If VCFRS is able to provide assistance, then reimbursement for all costs associated for personnel, apparatus, and equipment shall be the responsibility of the City of Lake Helen and shall be in addition to the contract cost defined in Article 12 of this Agreement. 11. LEVEL OF SERVICE. COUNTY agrees to provide the personnel and equipment at the level of service specified in Article 10 of this Agreement. Should the CITY desire the COUNTY to provide services either different in kind, or at a service level different than that contemplated herein, the City Administrator shall make written request to the County Manager or designee and, such notice shall be sent in accordance with Article 9. Any mutually agreed-upon modification to the kind of service and/or level of service to be provided by the COUNTY shall be reduced to writing and approved by the appropriate officials of both parties. Any reduction in level of service desired by the CITY shall only be effective at the beginning of a new contract year unless both parties agree otherwise. Upon the written agreement of the COUNTY to provide a change to services which increase the level of service, the new level of service shall commence within sixty (60) days following the date of execution of the written agreement by the Interlocal Agreement for FY17-20 Page 4 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

56 COUNTY or the beginning of a new contract year whichever shall first occur. The foregoing shall not be construed as requiring the COUNTY to agree to make a change to the kind of service and/or increase to the level of service to be provided by the COUNTY. Upon a change in kind of service and/or increase in the level of service to be provided by the COUNTY, compensation to the COUNTY shall be immediately adjusted to conform to the new service provided. 12. COMPENSATION. CITY shall pay COUNTY the sum of THREE HUNDRED FIFTY THREE THOUSAND SEVEN HUNDRED EIGHTY-TWO DOLLARS AND FORTY-THREE CENTS ($353,782.43). This amount reflects what would have been collected by the COUNTY if the CITY had remained in the fire fund. This amount will be calculated annually and compensation to COUNTY shall be adjusted and reconciled as stated herein in each fiscal year of the term of this Agreement. Said amount will be based on the fire fund millage rate and the CITY s property tax values for the foregoing fire protection services for the remainder of the term of this agreement, in accordance with CITY s adopted budget for said services. COUNTY agrees to provide the personnel and equipment at the level of service reflected herein. Should the CITY desire that the COUNTY provide services either different in kind, or at a higher staffing level than that contemplated herein, the City Administrator shall have the authority to negotiate with the COUNTY regarding modification of the Agreement and shall bring any modification to which the COUNTY agrees to the City Commission for appropriate action. During a fiscal year, any request for modification of service level by the city shall be in writing and in accordance with the notification requirements of Article 9. Should a conflict arise between the parameters of a request to modify services those of Article 10, Article 10 shall be controlling. COUNTY shall draw down funds from the CITY on a quarterly basis for service provided hereunder. Upon completion of the contract year, any subsequent year, or renewal term, the COUNTY shall reconcile actual costs against the compensation set forth in this Section 12 and remit to CITY any monies paid by CITY in excess of actual costs incurred by COUNTY no later than December 31 st of the year of the invoice or COUNTY shall invoice the CITY for the difference between actual costs incurred by the COUNTY and the compensation set forth in this Section 12 and CITY shall pay the same to the COUNTY no later than December 31 st of the year of the invoice. The CITY pledges any legally available non-ad valorem taxes to pay any deficit in compensation to the COUNTY for services rendered to the CITY under this Agreement and agrees to pay any such deficit from such funds even in the event of termination of this Agreement. 13. DISPUTE RESOLUTION. Any disputes concerning non-performance, or other aspects of this agreement for which either party initiates litigation to enforce its rights hereunder, shall be subject to the provisions of Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act. 14. SEVERABILITY. If any provision of this Agreement is found to be unconstitutional, illegal, or otherwise unenforceable by judgment of a court of competent jurisdiction, such judgment shall not invalidate the remainder of this Agreement, unless such judgment renders the purpose or performance of this Agreement no longer practical for either party. Interlocal Agreement for FY17-20 Page 5 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

57 15. ENTIRE AGREEMENT. This Agreement reflects the full and complete understanding of the parties and may be modified or amended only by a document in writing executed by all the parties, with the same formalities as this Agreement. THIS SPACE INTENTIONALLY LEFT BLANK Interlocal Agreement for FY17-20 Page 6 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

58 IN WITNESS WHEREOF, the parties to this County of Volusia Standard Interlocal Agreement for Provision of Fire and Emergency Medical Services to the City of Lake Helen have caused the same to be signed by their duly authorized representatives on the dates indicated below. ATTEST: COUNTY OF VOLUSIA By: By: Name: James T. Dinneen Name: Ed Kelley Title: County Manager Title: County Chair Dated: Dated: ATTEST: CITY OF LAKE HELEN By: By: Name: Rebecca Witte Name: Jason Yarborough Title: City Clerk Title: City Administrator Dated: Dated: Interlocal Agreement for FY17-20 Page 7 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

59 ADDENDUM COUNTY OF VOLUSIA, FLORIDA DELIVERY OF FIRE AND EMERGENCY MEDICAL SERVICES TO THE CITY OF LAKE HELEN Interlocal Agreement for FY17-20 Page 8 of 8 Provision of Fire and Emergency Medical Services to the City of Lake Helen

60 Ad Valorem Taxable Value 81,742, ,742, Millage ,375, % Collected 95% 6,057, Revenue 10 (605,709.33) Rolled Back Calculation Value 2016 Value w/ no growth Rolled back Rate Subtotal 5% Net Fire Taxable Value 83,077, ,679, Millage ,536, % Collected 95% 3,359, Revenue , Allowance for non Collection 4% $ 13, Tax Collector Expense 5% $ 16, Costs for EMS 5% $ (16,798.49) Total 349, Property Category Allocation Assessment Allocation Allocated Units Per Unit Assessment Residential 66.9% 233, , Vacant/Lot 5.5% 19, Non Residential 27.6% 96, ,

61 City of Lake Helen City Commission Meeting July 13, 2017 Commission Discussion

62 Zone Reports City of Lake Helen City Commission Meeting July 13, 2017