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City Commission

Regular Meeting

Deltona, FL · November 5, 2018

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, November 5, 2018 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1 CALL TO ORDER Mayor Masiarczyk called the City Manager's Agenda Review Meeting to order at 5:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Bradford Commissioner Honaker Commissioner McFall Commissioner Nabicht Commissioner Ramos Vice Mayor Herzberg Mayor Masiarczyk City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: Mayor Masiarczyk led the Pledge to the Flag. He stated tonight is going to be different in that we will have the invocation by Commissioner McFall, then we will have the JROTC present the colors, then we will do the Pledge to the Flag and then we will have the singing of our National Anthem. A. Invocation Presented by Commissioner McFall. 4. APPROVAL OF MINUTES & AGENDA: Mayor Masiarczyk stated next will be the Approval of the Minutes. There were no comments or questions. A. Approval of minutes - Executive Session Meetings of September 10th, September 19th, October 4th and Regular Commission Meeting of October 15th, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. 5. PRESENTATIONS/AWARDS/REPORTS: City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes November 5, 2018 Mayor Masiarczyk stated next are the presentations where we will recognize the Deltona High School JROTC Army Cadets, then the Super Stars of the Month and the Quarterly Reports which are all written reports. City Manager Shang suggested Mayor Masiarczyk do the Shout Out for the Deltona Wolves Cheerleading Team as they will be attending a competition in Orlando after the JROTC. A. Super Star Student of the Month Certificates for October 2018 B. Recognition - Deltona High School JROTC Army Cadets: Cadet Matilyn Million, Cadet Grimaldy Rolon, Cadet Mariana Suarez, Cadet Yarielis Velez and Cadet Christian Catalano and Army JROTC Instructors: Lieutenant Colonel (Retired) Alvesta Moore-Lobban and Sergeant Major (Retired) Harold Middleton. C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Mayor Masiarczyk stated next is the City Commission Special Reports and Requests and he asked if anyone will have a report. Commissioner Bradford stated she will have a report on the results from the FDLE which is actually positive. Mayor Masiarczyk asked if Commissioner Bradford wanted to do the report under Commission Comments. Commissioner Bradford responded it is a special report from the FDLE based on the review from all the allegations that were being made and were presented to the FDLE. She stated the FDLE has said they will not be coming back with an investigation of the City and she is just going to read the email. It was determined that she would read the email under Special Reports. 7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes November 5, 2018 8. CONSENT AGENDA: A. Request Approval for a Cost-Share Agreement # 33771 between the St. Johns River Water Management District (SJRWMD) and the City of Deltona relating to the Reclaimed Water Retrofits Project - Dave Denny, Acting Public Works Director (386) 878-8973. Strategic Goal: Infrastructure Mayor Masiarczyk stated the next item is 8A on consent and is a cost share agreement. He asked if there were any comments. There were no comments or questions. B. Request Approval for a Cost-Share Agreement # 33789 between the St. Johns River Water Management District (SJRWMD) and the City of Deltona relating to the Deltona West Volusia Suppliers Aquifer Recharge Phase 1 Project - Dave Denny, Acting Public Works Director (386) 878-8973. Strategic Goal: Infrastructure Mayor Masiarczyk stated the next item on Consent is 8B and is another cost share agreement. He asked if there were any comments. There were no comments on this item. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 05-2018, a continuance to a date certain of November 19, 2018 for a rezoning (RZ18-001) for a +113.4 site from R-1AA to Residential Planned Unit Development - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified & high-quality housing opportunities to provide for all market demands. Mayor Masiarczyk stated the next item 9A is a request for a continuance of Ordinance No. 05-2018 which is a rezoning for a residential planned unit development. He stated the question was asked before and while the attorney is present that if someone cannot make the continuance meeting on November 19, 2018 and they are here for that item he will only allow them to speak. He stated they will need to fill out a Request to Speak form. City Attorney Fowler responded if Mayor Masiarczyk wishes to hear them he can. Mayor City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes November 5, 2018 Masiarczyk stated then we will hear them to get it on the record for that item and then move on to the next item. He stated we will not be opening the item up for discussion or questions. B. Public Hearing - Resolution No. 2018-64, A continuance to a date certain of November 19, 2018 for a Conditional Use requesting a house of worship at 590 Fort Smith Boulevard - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and external communication Mayor Masiarczyk stated the next item 9B is a continuance and is the same thing with the same conditions that if somebody wants to speak and they cannot be here on for the November 19th meeting he will allow it. Commissioner Honaker asked why this item needed to be continued, it is not the same as item 9A. He stated the Planning & Zoning (P&Z) Board voted unanimously to move forward and he asked who requested the continuance. Vice Mayor Herzberg responded the applicant made the request. Commissioner Honaker stated P&Z supported this item and that is why he questioned why it was being continued. Mayor Masiarczyk responded there must be some reason the applicant asked for the item to be delayed and the Commission does not have any choice; the applicant still has the right to come to the City Commission and plead their case, P&Z is just a recommendation. Mr. Paradise clarified this is a different house of worship than before, it is on Ft. Smith. Mayor Masiarczyk stated in that case we will follow the same format as item 9A. 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: Mayor Masiarczyk commented that there was some kind of campaign mailer that shows a chart that lists people and it indicates they did not vote going around that a resident received. He stated the resident brought it to him expressing some concern. He stated he City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes November 5, 2018 read it and he also had concerns and just wanted to bring it to the Commissioners' attention. Commissioner Nabicht asked what it had to do with the Commission and suggested the resident should contact the Supervisor of Elections. 15. ADJOURNMENT: Mayor Masiarczyk adjourned the meeting at 5:42 p.m. ____________________________________ Janet Day, DEPUTY CITY CLERK City of Deltona Page 5 Printed on 6/3/2020

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Monday, November 5, 2018 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1 CALL TO ORDER 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner McFall. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Executive Session Meetings of September 10th, September 19th, October 4th and Regular Commission Meeting of October 15th, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: September 10, 2018 Executive Session September 19, 2018 Executive Session October 4, 2018 Executive Session.pdf October 15, 2018 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for October 2018 Background: Super Star Student of the Month awards for October 2018 will be presented to: 1. Deltona Lakes Elementary, Alondra Ramos-Adames, 4th grade City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda November 5, 2018 2. Discovery Elementary, Xavier Ocasio, 4th grade 3. Enterprise Elementary, Andrew Bouchard, 1st grade 4. Forest Lake Elementary, Alivia Bebout, 3rd grade 5. Friendship Elementary, Nicole Elias, 1st grade 6. Pride Elementary, Gianna Hess, Kindergarten 7. Spirit Elementary, Braylon Simms, 1st grade 8. Sunrise Elementary, Roy Decosta, 4th grade 9. Timbercrest Elementary, Jimmie Chambers, 1st grade 10. Volusia Pines Elementary, Natalie Crawford-Holness 4th grade 11. Deltona Middle, Kamal Jeffery, 7th grade 12. Galaxy Middle, Kevin Nguyen, 7th grade 13. Heritage Middle, Emma Gulden, 6th grade 14. Deltona High, Christina Zhang, 11th grade 15. Pine Ridge High, Jadyn Heard, 10th grade 16. University High, Shaniya Smith, 12th grade Attachments: October 2018 Super Star Student Achievements B. Recognition - Deltona High School JROTC Army Cadets: Cadet Matilyn Million, Cadet Grimaldy Rolon, Cadet Mariana Suarez, Cadet Yarielis Velez and Cadet Christian Catalano and Army JROTC Instructors: Lieutenant Colonel (Retired) Alvesta Moore-Lobban and Sergeant Major (Retired) Harold Middleton. Background: The U.S. Army Junior Reserve Officer Training Corps (JROTC) is a program offered to high schools that teaches students character education, student achievement, wellness, leadership, and diversity. It is a cooperative effort between the U.S. Army and the high schools to produce successful students and citizens, while fostering in each school a more constructive and disciplined learning environment. The outcomes of the JROTC program are: · Act with integrity and personal accountability as they lead others to succeed in a diverse and global workforce · Engage civic and social concerns in the community, government, and society · Graduate prepared to excel in post-secondary options and career pathways · Make decisions that promote positive social, emotional, and physical health · Value the role of the military and other service organizations With the school’s support, the JROTC program achieves these outcomes by using a world-class 21st Century, technology driven, student centered curriculum. The curriculum consists of education in citizenship, leadership, social and communication skills, physical fitness and wellness, geography, and civics. C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda November 5, 2018 Background: Quarterly Reports of City Advisory Boards/Committees: 1) Deltona Economic Development Advisory Board - (Written Report Only) 2) Planning and Zoning Board - (Written Report Only) 3) Firefighters’ Pension Plan Board of Trustees - (Written Report Only) 4) Team Volusia - (Written Report Only) Attachments: DEDAB Third Quarter 2018 Report P&Z Third Quarter 2018 Report FFPP Third Quarter 2018 Report Team Volusia Third Quarter 2018 Report 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Citizen comments for any items. (4 minute maximum length per speaker) CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: A. Request Approval for a Cost-Share Agreement # 33771 between the St. Johns River Water Management District (SJRWMD) and the City of Deltona relating to the Reclaimed Water Retrofits Project - Dave Denny, Acting Public Works Director (386) 878-8973. Strategic Goal: Infrastructure Background: The SJRWMD has issue requirements in the City’s Consumptive Use Permit (CUP) that require the City to, among other things, expand its reclaimed water system or face reductions in its groundwater allocation for potable water production. City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda November 5, 2018 The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2018-2019 to develop and implement resource and water supply development projects and promote conservation. On April 10, 2018, the District’s Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District’s core missions; including water supply, water quality, natural systems or flood mitigation. The City will retrofit existing residential neighborhoods and one sports complex with reclaimed water lines, including activation of existing dry reclaimed water lines. The retrofit water source will provide reclaimed water to replace the current use of potable water irrigation and irrigation by wells. In order to meet the requirements of the SJRWMD cost-share agreement, the agreement must be approved and submitted to their office before November 16, 2018. In addition to the four (4) projects listed above we have recently added Saxon Ridge. We have authorized the design for interconnecting our reclaimed line to the reclaimed lines previously installed in Saxon Ridge. We currently do not have a cost share agreement for this project but will be submitting an application in the near future. This project is also located in the Priority Focus Area and will benefit the Minimum Flow Levels Recovery Strategy for Volusia Blue Springs. Attachments: 33771 City of Deltona Reclaimed Agreement B. Request Approval for a Cost-Share Agreement # 33789 between the St. Johns River Water Management District (SJRWMD) and the City of Deltona relating to the Deltona West Volusia Suppliers Aquifer Recharge Phase 1 Project - Dave Denny, Acting Public Works Director (386) 878-8973. Strategic Goal: Infrastructure Background: The SJRWMD has issue requirements in the City’s Consumptive Use Permit (CUP) that require the City to, among other things, expand its reclaimed water system or face reductions in its groundwater allocation for potable water production. The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2018-2019 to develop and implement resource and water supply development projects and promote conservation. On April 10, 2018, the City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda November 5, 2018 District’s Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District’s core missions; including water supply, water quality, natural systems or flood mitigation. The Project is located in Deltona adjacent to the Alexander Avenue Water Resources Facility (WRF). The Project will construct a 20-acre Rapid Infiltration Basin (RIB). The RIB will accept up to 1.0 MGD of reclaimed water, treated surface water, and stormwater. In order to meet the requirements of the SJRWMD cost-share agreement, the agreement must be approved and submitted to their office before November 16, 2018. Attachments: 33789 Deltona WVWS Aquifer 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 05-2018, a continuance to a date certain of November 19, 2018 for a rezoning (RZ18-001) for a +113.4 site from R-1AA to Residential Planned Unit Development - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified & high-quality housing opportunities to provide for all market demands. Background: The City of Deltona received an application for a rezoning to change the zoning on a ±113.4 acre parcel from R-1AA to Residential Planned Unit Development (RPUD). The project is planned to feature 259 detached residential units on individual lots. Under the existing R -1AA zoning the property has a gross density of 385 units. The project, known as Hampton Oaks, is located north of Spirit Elementary school and Lake Baton Estates and east of the Sterling Silver neighborhood. The property, as designed, has three access points: Meadowlark Dr ., Alabaster Way and Pearl Tree Road. The project features community amenities including a 28 acre nature preserve. For more information relating to the project see the attached staff report and related graphics. All PUD zoning actions are associated with a written Development Agreement (DA). The Hampton Oaks DA is attached. The DA illustrates how the property will be developed by articulating requirements such as a minimum lot sizes, setbacks, etc. However after the agenda for the Planning and Zoning Board was prepared, City staff and the applicant have continued to work on Section 6.m. of the attached DA. Section 6.m. addresses the development of model homes. After conducting further research, including how other City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda November 5, 2018 municipalities manage model home development, staff is proposing Section 6.m. of the DA be changed. Proposed Section 6.m language is attached as a stand-alone document. On October 17, 2018, the Planning and Zoning Board heard the Hampton Oaks RPUD rezoning request. After weighing information and input from staff, the applicant and concerned citizens, the Planning and Zoning Board with one member absent voted unanimously to forward this ordinance to the City Commission with a recommendation to deny the RPUD rezoning request. The concerns expressed which led to the aforementioned recommendation were as follows: 1) Traffic 2) Drainage 3) Too many lots proposed In light of the recommendation by the Planning and Zoning Board, on October 18, 2018, the applicant requested the City Commission grant a continuance to the November 19, 2018 City Commission meeting. The e-mail transmission is attached. Attachments: Ord No. 05-2018 Hampton Oaks RPUD Staff Report Hampton Oaks RPUDsept18 Exhibit A - HAMPTON OAKS Residential PUD DA Draft Document Exhibit B - Legal Description Exhibit C- Hampton Oaks MDP Aerial Photo Existing Zoning FLU Map Location Map Proposed Zoning Soils Map Update to Section 6.m. of the D.A. Request for Continuance B. Public Hearing - Resolution No. 2018-64, A continuance to a date certain of November 19, 2018 for a Conditional Use requesting a house of worship at 590 Fort Smith Boulevard - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and external communication Background: The applicant is requesting a Conditional Use approval for a house of City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda November 5, 2018 worship on an approximately 3.3 acre parcel. The plan is to construct a 13,942 square foot house of worship facility with ancillary parking, landscaping, stormwater, fenced playground, pavilion, and basketball court. The request is for a house of worship and does not include a private school or daycare facility. For more information on this request please see the attached staff report. On October 17, 2018 the Planning and Zoning (P/Z) Board heard the Conditional Use request. After hearing testimony in support of the proposal and reviewing other information, the P/Z Board unanimously with one member absent recommend the City Commission approve the Conditional Use request. Finally, consistent with Sec. 110-1102(e) of the Land Development Code this or any conditional use request must be approved with a 5 vote super majority. Attachments: Staff_Report 10-2-2018 maps combined Resolution 2018-64 Lighthouse pentecostal 590 ft smith letter of conditional use 10. OLD BUSINESS: 11. NEW BUSINESS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda November 5, 2018 City of Deltona Page 8 Printed on 6/3/2020

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