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City Commission

Regular Meeting

Deltona, FL · February 4, 2019

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, February 4, 2019 5:30 PM Deltona Commission Chambers City Manager's Agenda Review 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Avila-Vazquez Commissioner King Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg City Manager Shang City Attorney Absent: 2 - Commissioner Bradford Commissioner McFall 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford - Pastor Bradley from New Hope Baptist Church. Mayor Herzberg led everyone in the pledge to the flag. 4. APPROVAL OF MINUTES & AGENDA: Commissioner Nabicht asked if a motion would be needed to include the minutes at the next Regular Commission Meeting and City Attorney Fowler replied it can be done either way. 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificate for January 2019 There were no comments on this items. B. Proclamation - Proclaiming February 4, 2019 as “Bob Davis Day”. City of Deltona Page 1 Printed on 4/15/2019 City Commission Minutes February 4, 2019 There were no comments on this items. C. Presentation: Annual Christmas Parade Awards - Bill Snyder, Deltona Fire Department Development Services, (386) 575-6902. Strategic Goal: Internal and External Communication. Solicit partnerships with businesses, schools, hospitals, and residents for information dissemination. There were no comments on this items. D. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. There were no comments on this items. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Nabicht stated he will be asking to move the start time for the workshop on February 25th to 6:30 p.m. instead of 5:30 p.m. because Vice Mayor Ramos and himself will be at a TPO (Transportation Planning Organization) planning session that will not end until 5:00 p.m. and he will put this in the form of a motion. Mayor Herzberg stated she wants to address questions that have come up. The first is the Special Magistrate process and the role of the Special Magistrate which will be addressed by the new Special Magistrate William E. Reischmann. The second is regarding the Fitch Rating Report which will be addressed by Assistant City Manager Dr. Cooper and Finance Director Camille Hooper. The third item is questions regarding The Center's utility bills, CDBG (Community Development Block Grant) and ECHO (Environmental, Cultural, Historic & Outdoor) applications, repayment to HUD (Housing & Urban Development) and the COA (Council On Aging) with regards to rentals which will be addressed by Planning & Development Services Director Ron Paradise. Also, there were questions regarding a hiring freeze and the protocol for public records requested by Commissioners which will be addressed by City Clerk Joyce Raftery. Another is the mobile message boards which are permitted and allowed. Acting Public Works/Deltona Water Director Dave Denny will address the flooding on Marquette Court. Dr. Cooper will address the code enforcement case on a property owned by Mrs. Coffin and the recycling task force. City Attorney Fowler will provide an update on the Lawhun lawsuits. Commissioner Bradford entered the meeting at 5:36 p.m. Commissioner Avila-Vazquez stated she has an issue with the last meeting where people came to discuss the Hampton Oaks Subdivision and they were upset that they did not have a chance or the time to speak. She suggested to move public comments until after City business is conducted. Mayor Herzberg stated the Commission's policies and procedures states that public comments comes before the agenda items and the Commission can City of Deltona Page 2 Printed on 4/15/2019 City Commission Minutes February 4, 2019 change the policy or even move items around on the agenda as a body which has been done in the past, on a case by case basis. Vice Mayor Ramos suggested having a 30 minute time frame for public comments and the remaining would go at the end of the meeting and Mayor Herzberg replied that is not in the Commission's policies and procedures. Commissioner Bradford stated she will bring up the school advisory committee report from the meeting she attended last week. Another item is the possibility of Code Enforcement Officers using body cameras just like the VCSO (Volusia County Sheriff's Office) and Commissioner Nabicht replied the City looked at that before and it was not allowed. City Manager Shang stated the City looked at it earlier, there is an expectation of privacy and Code Officers do not rise to the same level as the VCSO. Commissioner Bradford suggested that when Code Officers are at a residence that they go to another location to write up the report and to not do it while parked in front of the resident's home, to take away the perception of intimidation or harrassment. Dr. Cooper replied it also protects the Code Officers, he agrees with it and he has discussed it with staff. Commissioner Nabicht requested again, that in the next budget cycle to find out what it would cost if the VCSO were to take over the role and duties of the Code Enforcement Department in order to streamline the process. Commissioner Bradford stated she will bring up looking at public records requests made by Commissioners, who they go through and how they are processed. She received an email regarding comments she made to Commissioner Nabicht after he called resident Richard Bellach by the name Dick, but she did not comment on Richard Bellach who called Commissioner Nabicht by a curse word, so she will address this at the meeting. Commissioner Avila-Vazquez asked when she should present a plaque to the City and Mayor Herzberg replied right before the parade awards. Another item she will be bringing up is the project she and Community/Public Information Officer Lee Lopez are working on regarding the Monarch City. Commissioner Bradford asked if there is a list of topics for meetings so that the Commission can be better prepared. City Manager Shang replied the topics for workshops are on the monthly calendar along with all the events. 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. City of Deltona Page 3 Printed on 4/15/2019 City Commission Minutes February 4, 2019 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. Resolution No. 19-02, Adopting the 2018 Volusia County Integrated Floodplain Management Plan - Ron A. Paradise, Director, Planning and Development Services Strategic Plan: Internal and External Communication, partnership with the County, etc. There were no comments on this item. B. Request for approval of Resolution No. 2019-06, in support of ECHO Grant Application for Deltona’s Blue Heron Nature Park project - Jerry Mayes, City Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. Commissioner Bradford asked if a transfer needed to take place and Economic Development Manager Jerry Mayes replied the money is already in the grant match fund. Commissioner King asked if the project is costing the City more money because it did not meet the requirements of ECHO and Mr. Mayes replied no. Commissioner King asked where the $30,000 is coming from and Mayor Herzberg replied the value of the land is being used as leverage for the grant match and if ECHO does not allow that, that is why it needs to be split into three separate applications instead of one making the land value for each park separate and more clear. Commissioner King questioned where in the resolution it states "Whereas, should the total budget costs exceed the budgeted amount said funds shall be paid out of the existing contingency in the City's General Fund," it is like an open checkbook. Ms. Hooper explained the City still has to get the project done and if some of the estimates come in higher than expected the project still has to be completed. City Manager Shang stated what they are saying is whatever ECHO awards the City that is it and if for some reason the project comes in more the City has to make up the difference because ECHO is never going to give any more than what they agreed to award and not to go back to them for more money which is the normal process. Commissioner Bradford stated if the Commissioner has questions the item should be pulled and discussed for clarification. City of Deltona Page 4 Printed on 4/15/2019 City Commission Minutes February 4, 2019 C. Request for approval of Resolution No. 2019-07, in support of ECHO Grant Application for Deltona’s Big Lake Rookery Nature Park project - Jerry Mayes, City Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. There were no comments on this item. D. Request for approval of Resolution No. 2019-08, in support of ECHO Grant Application for Deltona’s 3-Island Lake Nature Park project - Jerry Mayes, City Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. There were no comments on this item. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2018-76, Granting a Conditional Use Approval for a Community Residential Home (CRH) at 2281 Bannister Street subject to conditions - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development, Create more diversified housing opportunities for all market demands. Commissioner Bradford asked how the home is not required to have adequate parking and Mr. Paradise replied the intent of the community residential home is that it emulate or be like a single family dwelling unit per State law. Commissioner Bradford asked what an assisted living facility is required to have as far as parking goes and Mr. Paradise replied he did not know and would have to look at the code. Commissioner Bradford asked if this falls under AHCA (Agency for Health Care Administration) and Mr. Paradise replied he believes it is associated with AHCA. Mayor Herzberg asked who owns the home and Mr. Paradise replied the duvall home. Mayor Herzberg asked if there are assurances that this is not a group home and Mr. Paradise replied yes, this is a community residential home and can only be used by people with disabilities or special needs. Commissioner Avila-Vazquez asked if there would only be six people at the home and Mr. Paradise replied that is correct and staff. B. Public Hearing - Ordinance No. 01-2019, protocol for returning security City of Deltona Page 5 Printed on 4/15/2019 City Commission Minutes February 4, 2019 deposits at first reading and to schedule second and final reading for March 4, 2019. Marsha Segal-George, Assistant City Attorney, (386) 878-8872. Strategic Fiscal Issues Mayor Herzberg asked for clarification regarding the deposits and Mr. Denny replied the current language says if someone's deposit is returned and their pay history then gets bad the City would require another deposit. Staff would look at the person's annual average and they would pay twice that annual average for a new deposit. That gets real complicated so he suggested changing it to if they meet the criteria to require another deposit the City would charge a deposit of whatever the deposit rate is at that time. City Manager Shang stated the language can be changed at tonight's meeting and it will be reflected at second and final reading. She suggested Mr. Denny work with the City Attorney to change the language. Commissioner Nabicht asked if it would be changed on all three Ordinance options and City Manager Shang replied yes. C. Public Hearing - Ordinance No. 19-2018 amending the Capital Improvements Element and providing for the replacement of the Capital Improvement Project sheets, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Infrastructure - Capital Improvements Program. Mayor Herzberg stated this item will be pulled so it can be updated due to the Capital Improvements Program and City Manager Shang stated it will come back to the Commission in March. Commissioner Nabicht stated FDOT (Florida Department of Transportation) has suspended all work on the I-4 Ultimate Project until the investigation regarding the recent deaths of construction works is completed. 10. OLD BUSINESS: 11. NEW BUSINESS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: There being no further business, the meeting adjourned at 6:09 p.m. _______________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 6 Printed on 4/15/2019 City Commission Minutes February 4, 2019 City of Deltona Page 7 Printed on 4/15/2019

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht Monday, February 4, 2019 5:30 PM Deltona Commission Chambers 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 Bradford - Pastor Bradley from New Hope Baptist Church. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificate for January 2019 Background: Super Star Student of the Month awards for February 2019 will be presented to: 1. Deltona Lakes Elementary, Lakota Torres, 2nd grade 2. Discovery Elementary, Bella Cerabino, 1st grade 3. Enterprise Elementary, Ulises Silva Jimenez, 4th grade 4. Forest Lake Elementary, Arya Chaudhari, 1st grade 5. Friendship Elementary, Averie Lowe, 4th grade 6. Pride Elementary, Charlotte Alamo, 5th grade 7. Spirit Elementary, Isabella Gando, 4th grade City of Deltona Page 1 Printed on 4/15/2019 City Commission Agenda February 4, 2019 8. Sunrise Elementary, Rowan Decosta, 1st grade 9. Timbercrest Elementary, Jenna Font, 3rd grade 10. Volusia Pines Elementary, Abigail Albone, 4th grade 11. Deltona Middle, Khadijah Pratt, 8th grade 12. Galaxy Middle, Caitlynn Lewis, 7th grade 13. Heritage Middle, Allison Pantoja Tinajero, 8th grade 14. Deltona High, Katherine Cintron, 12th grade 15. Pine Ridge High, Sierra Giordano, 12th grade 16. University High, Cierra Montilla, 10th grade Attachments: January 2019 Super Star Student Achievements B. Proclamation - Proclaiming February 4, 2019 as “Bob Davis Day”. Background: Proclamation - honoring Bob Davis for his many years of dedicated service to our community. Attachments: Bob Davis Day C. Presentation: Annual Christmas Parade Awards - Bill Snyder, Deltona Fire Department Development Services, (386) 575-6902. Strategic Goal: Internal and External Communication. Solicit partnerships with businesses, schools, hospitals, and residents for information dissemination. Background: The City of Deltona held its 7th Annual Christmas Parade on December 15, 2018. The entries selected, were judged by local stakeholders. The results of the judging are as follows: 3rd Place - Best Overall Tied for 3rd place- 3 winners with 205 points each - Deltona High School Fine & Performing Arts - YMCA Cheerleaders - Shed Life Shed Movers 2nd Place - Best Overall 225 Points - West Volusia Moose Lodge of Deltona 1st Place - Best Overall 237 Points - Deltona Fire Explorers Post 2460 City Department Winner Deltona Water with 292 points Public Works came in second with 289 points D. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 2 Printed on 4/15/2019 City Commission Agenda February 4, 2019 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 Fourth Quarter 2018 Report P&Z Fourth Quarter 2018 Report FFPP Fourth Quarter 2018 Report Team Volusia Fourth 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. Resolution No. 19-02, Adopting the 2018 Volusia County Integrated Floodplain Management Plan - Ron A. Paradise, Director, Planning and Development Services Strategic Plan: Internal and External Communication, partnership with the County, etc. Background: The 2018 Volusia County Integrated Floodplain Management Plan is a collaboration of 16 cities, the County, and the East Central Florida Regional Planning Council to better prepare for and respond to flood emergencies. This plan helps each participating local government understand risks, prepare for major disasters, and mitigate where City of Deltona Page 3 Printed on 4/15/2019 City Commission Agenda February 4, 2019 possible. The plan includes a compilation of floodplain hazards throughout Volusia County. Plans regarding floodplain management from individual jurisdictions are also included within the Integrated Floodplain Management Plan as appendices. Therefore, the 2018 Volusia County Integrated Floodplain Management Plan is intended to promote a unified and consistent approach to hazard mitigation and related planning efforts. Adoption of the 2018 Volusia County Integrated Floodplain Management Plan is required of the City to continue to maintain membership in the Community Rating System (CRS). City membership within the CRS allows Deltona residents to be able to buy flood insurance under the National Flood Insurance Program at a reduced rate. For more information see the attached 2018 Volusia County Integrated Floodplain Management Plan. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorized the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2018 Volusia Integrated Floodplain Management Plan Resolution No. 2019-02 B. Request for approval of Resolution No. 2019-06, in support of ECHO Grant Application for Deltona’s Blue Heron Nature Park project - Jerry Mayes, City Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. Background: In August, 2018, the City Commission agreed to the development of three ecological parks as a part of the City’s “Ecological Tourism Sustainability Program”. Deltona’s Blue Heron Nature Park is one of those parks. The project cost for the Blue Heron Nature Park will be split between ECHO funds ($50,850) and City matching funds ($62,689) for a total of $113,359. In October, 2018 the City Commission named the three ecological parks based upon a nature theme. On November 19, 2018 the City Commission approved Resolution No. 2018-69 supporting the projects and related funding. However, the resolution language did not fully comply with ECHO requirements regarding a grant match. As part of review by the ECHO staff, the discrepancy was brought to the attention of the City. (See attached letter from Ms. Carmen Hall, Volusia County Community Services Operations Manager to City Manager Jane Shang.) City of Deltona Page 4 Printed on 4/15/2019 City Commission Agenda February 4, 2019 To remediate this matter and to remain eligible for the funding under the present ECHO funding cycle, attached Resolution 2019-06 is proposed. The language of Resolution 2016-06 clearly indicates city contribution and should satisfy applicable ECHO requirements. Upon approval, the necessary budget transfers are authorized to facilitate Commission approval and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Res No. 2019-06 ECHO Grant ECHO Letter - with note C. Request for approval of Resolution No. 2019-07, in support of ECHO Grant Application for Deltona’s Big Lake Rookery Nature Park project - Jerry Mayes, City Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. Background: In August, 2018, the City Commission agreed to the development of three ecological parks as a part of the City’s “Ecological Tourism Sustainability Program”. Deltona’s Big Lake Rookery Nature Park is one of those parks. The project cost for the Big Lake Nature Park will be split between ECHO funds ($75,150) and City matching funds ($92,731) for a total of $167,881. In October, 2018 the City Commission named the three ecological parks based upon a nature theme. On November 19, 2018 the City Commission approved Resolution No. 2018-69 supporting the projects and related funding. However, the resolution language did not fully comply with ECHO requirements regarding a grant match. As part of review by the ECHO staff, the discrepancy was brought to the attention of the City. (See attached letter from Ms. Carmen Hall, Volusia County Community Services Operations Manager to City Manager Jane Shang.) To remediate this matter and to remain eligible for the funding under the present ECHO funding cycle, attached Resolution 2019-07 is proposed. The language of Resolution 2019-07 clearly indicates city contribution and should satisfy applicable ECHO requirements. Upon approval, the necessary budget transfers are authorized to facilitate Commission approval and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Res No. 2019-07 ECHO Letter - with note D. Request for approval of Resolution No. 2019-08, in support of ECHO Grant Application for Deltona’s 3-Island Lake Nature Park project - Jerry Mayes, City City of Deltona Page 5 Printed on 4/15/2019 City Commission Agenda February 4, 2019 Manager’s Department, (386) 878-8619. Strategic Plan: Economic Development, developing of a sustainable ecological tourism program. Background: In August, 2018, the City Commission agreed to the development of three ecological parks as a part of the City’s “Ecological Tourism Sustainability Program”. Deltona’s 3-Island Lake Nature Park is one of those parks. The project cost for the 3-Island Lake Nature Park will be split between ECHO funds ($92,000) and City matching funds ($109,581) for a total of $201,581. In October, 2018 the City Commission named the three ecological parks based upon a nature theme. On November 19, 2018 the City Commission approved Resolution No. 2018-69 supporting the projects and related funding. However, the resolution language did not fully comply with ECHO requirements regarding a grant match. As part of review by the ECHO staff, the discrepancy was brought to the attention of the City. (See attached letter from Ms. Carmen Hall, Volusia County Community Services Operations Manager to City Manager Jane Shang.) To remediate this matter and to remain eligible for the funding under the present ECHO funding cycle, attached Resolution 2019-08 is proposed. The language of Resolution 2019-08 clearly indicates city contribution and should satisfy applicable ECHO requirements. Upon approval, the necessary budget transfers are authorized to facilitate Commission approval and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Res No. 2019-08 ECHO Letter - with note 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2018-76, Granting a Conditional Use Approval for a Community Residential Home (CRH) at 2281 Bannister Street subject to conditions - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development, Create more diversified housing opportunities for all market demands. Background: The City has received a Conditional Use application from Duvall Homes requesting a community residential home (CRH) located at 2281 Bannister Street. Duvall Homes is a non-profit, 501c3 corporation that has been providing services for developmentally disabled City of Deltona Page 6 Printed on 4/15/2019 City Commission Agenda February 4, 2019 individuals since 1945. Duvall Homes currently operates 16 community residential homes within Volusia County, five (5) of which are located within Deltona. The applicant, has indicated that when the current lease expires on one of the Duval Homes CRH operations located at 730 Outrigger Dr., the intent is to relocate to a 1,967 square foot dwelling at 2281 Bannister Street owned by Duvall Homes. The proposed CRH at 2281 Bannister is expected to house no more than six (6) females with developmental disabilities. Duvall Homes will also have staff assisting the residents in the home twenty four hours a day, seven days a week to include a full time nurse. Staff will be working in shifts to provide support and care services. Shifts will have two (2) staff for the first shift, two (2) for the second shift, and one (1) for the night shift. Transportation will be limited to staff vehicles and a company van. In order to ensure neighborhood compatibility City staff is suggesting along with adherence to the Code required 1,000 foot separation distance from other CRH uses and a requirement to obtain a business tax receipt, the Conditional Use should be subject to the following conditions: 1) The CRH becomes occupied under Duvall Homes’ management within 12 months following City Commission approval. 2) The CRH remains under Duvall Homes’ management and ownership. 3) The CRH is used only to serve developmentally disabled residents as defined and regulated by the Florida Agency for Persons with Disabilities. The goal of the first two conditions is to ensure a consistent and long term management entity and to engender a sense of community and responsibility in the neighborhood on behalf of the management entity . Condition number three will ensure the CRH use at the property will serve only developmentally disabled residents and cannot be used for other service groups without having to apply for another Conditional Use approval. For more information see the attached staff report. The Planning and Zoning Board heard the CRH request at 2281 Bannister on January 16, 2019. The Planning and Zoning Board, City of Deltona Page 7 Printed on 4/15/2019 City Commission Agenda February 4, 2019 notwithstanding some neighborhood concerns voiced, voted unanimously (With two members absent.) to recommend the City Commission approve the Conditional Use request with the above referenced special conditions. Finally, Conditional Use requests need to be approved by a five member super majority of the City Commission. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorized the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution No. 2018-76 Staff Report Maps Duvall Homes Letter B. Public Hearing - Ordinance No. 01-2019, protocol for returning security deposits at first reading and to schedule second and final reading for March 4, 2019. Marsha Segal-George, Assistant City Attorney, (386) 878-8872. Strategic Fiscal Issues Background: At the Regular Commission Meeting on January 22, 2019 the Commission voted to receive the draft ordinance at the January 28th Workshop and to table the first reading of the item to the next Regular Commission meeting on February 4, 2019. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorized the City Manager to sign any documents necessary to further Commission approval of this item Attachments: Option 1 Option 2 Option 3 C. Public Hearing - Ordinance No. 19-2018 amending the Capital Improvements Element and providing for the replacement of the Capital Improvement Project sheets, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Infrastructure - Capital Improvements Program. Background: Pursuant to Chapter 163.3177(3)(b) F.S., the Capital Improvements Element of the Comprehensive Plan must be reviewed and updated on City of Deltona Page 8 Printed on 4/15/2019 City Commission Agenda February 4, 2019 an annual basis. It is recommended to send the Capital Improvements Element (CIE) Report to the Department of Economic Opportunity (DEO) when it is adopted. Staff has reviewed the current class “A” capital improvements and summarized expenditures and funds carried forward for the next five years. The intent of the review is to ensure compliance with adopted level of service (LOS) standards. In collaboration with the City’s Finance Department and other City Departments, adjustments have been made to update the Capital Improvement project sheets. Please be advised the expenditures and fund carry overs are copied from the City budget approved by the City Commission in September of 2018. Therefore, the budgetary information cannot be altered or otherwise modified as part of the CIE update process. On January 16, 2019, the Planning and Zoning Board was presented with the Capital Improvement Element update and related project sheets. The Planning Board recommended unanimously to recommend the City Commission approve Ordinance No. 09-2018. For more information see the attached Capital Improvement Element update and related replacement project sheets. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorized the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: ORDINANCE NO 19-2018 CIE Level of Service Report EXHIBIT A - Replacement Project Sheets 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 City of Deltona Page 9 Printed on 4/15/2019 City Commission Agenda February 4, 2019 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 10 Printed on 4/15/2019

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