City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, March 15, 2021 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. Background: ***NOTE*** The City Commission is dedicated to working hard and keeping our city moving forward, and a top priority during the COVID-19 pandemic is to help maintain the health of our employees and residents. Another top priority is being able to maintain public participation in our City meetings. Following CDC Guidelines, we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commissioners, staff and residents. Though there are restrictions when it comes to public gatherings, we are dedicated to making sure those who would like to make their voice heard are able to. Please note your public comments can be submitted via one of the following mediums no later than 12:00 p.m. on March 15, 2021 to ensure they are available for the Commissioners to review prior to the meeting. · eComment o Click the “Agenda & Minutes” icon on the homepage; o Chose the meeting you want to comment on and click on “eComment” in the last column; and o Go to the item and click on the speech balloon marked “Comment” to make your comment. o To view all comments made on an item chose the speech balloon to the left. · Visit the “Request To Speak” page of the website at <https://www.deltonafl.gov/city-commission/webforms/request-s peak> o Under the Commission Meetings tab o Fill out the “Request To Speak” form - which will be City of Deltona Page 1 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 submitted. · Email: cityclerkdept@deltonafl.gov <mailto:cityclerkdept@deltonafl.gov> · Fax: 386-878-8501 All submitted comments will become part of the official City record, and be attached to the meeting minutes. This is a fluid situation and as procedures change, we will be sure to update you. Attachments: Instructions for eComment 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Avila-Vazquez. 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. Proclamation - Government Finance Professionals’ Week Background: Responsible financial management is essential for any city to provide adequately for the needs of its residents. The Florida Government Finance Officers’ Association and the City of Deltona recognize March 15-19, 2021 as Government Finance Professionals’ Week. We extend our appreciation to the City’s 12 dedicated finance professionals. These professionals have a combined 184 years of experience in government finance, with 141 years in Deltona alone. Collectively they manage the City’s financial and property resources, prepare biweekly payroll for employees and accounts payable for vendors; prepare a balanced annual budget, issue a comprehensive annual financial report. Their efforts have been recognized through successful audits every year, and annual awards for its budgeting and reporting. City of Deltona Page 2 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 Attachments: Proclamation_Govt Finance Professionals Week 2021 Facts About Finance_2021 B. Proclamation - World Speech Day Background: World Speech Day was launched by Simon Gibson at the Athens Democracy Forum in 2015 to celebrate speeches and speechmaking through live public speaking events around the world. C. Proclamation - Women’s History Month. Background: Every year March is designated as Women’s History Month by Presidential proclamation to honor women’s contributions in American history. During this time it is appropriate to recognize the Deltona Woman’s Club a service organization which enriches the scope of intellectual and social life; and has contributed to the betterment of our community. D. Proclamation - Women’s History Month - Pat Northey Background: Every year March is designated as Women’s History Month by Presidential proclamation to honor women’s contributions in American history. During this time it is appropriate to recognize Pat Northey for her contributions and service to our community. E. Presentation of Commission Financial Summary for the quarter ended December 31, 2020 - Camille Hooper, Finance Director, (386) 878-8552. Background: Mayor Herzberg has requested a “true-up” of City finances for the Commission’s reference. The attached summary provides unrestricted fund balances for each City fund as of 12/31/2020 (end of 1st quarter of FY 2020-21) as well as year-over-year and historical data, plus analysis and commentary. We anticipate presenting this information for each quarter going forward, but as this is the first such summary presented, the Commission’s feedback on the document’s format and content is welcome and will be incorporated into future reports. Attachments: Commission Financial Summary_20201231_Final 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 06-2020, rezoning request (RZ20-0003) for a +110.43 acre tract from County Prime Agriculture (A-1) to City of Deltona Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified & high-quality City of Deltona Page 3 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 housing opportunities to provide for all market demands. Background: The City of Deltona received an application to change the zoning on a ±110.43 acre parcel from County Prime Agriculture (A-1) to Residential Planned Unit Development (RPUD). The project as designed features 189 detached single family lots. The minimum lot size within the project is 6,000 square feet. The project, known as Hickory Lakes Preserve, is located off of Enterprise Osteen Road just west of SR 415 situated in the southeastern section of the City near the community of Osteen. The project will have access to Enterprise Osteen Road but will be designed with a vehicular stub-out to property situated to the west. The intent of the stub-out is to promote efficient connectivity between land uses independent of the City thoroughfare network. The project features community amenities including a small dog park and an open play area. 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 Hickory Lakes Preserve DA is attached. The DA illustrates how the property will be developed by articulating requirements such as minimum lot sizes, setbacks, etc. With regard to the Hickory Lakes Preserve RPUD and as with any rezoning request, there are alternatives the City could consider when determining the appropriateness of the project. However, each member when considering an alternative should provide rationale for their vote . The rationale needs to be fact based, predicated on evidence. The two following alternatives including some advantages, disadvantages, and evidentiary rationales for each approach are offered for the City Commission to consider: 1. Deny the project. Advantages: The area will remain unchanged. There will be less traffic in the area, and the rural state of mind in the vicinity will be reinforced. Disadvantages: The City is an urban institution. The City is poised, including through investments in central utilities, to promote well planned urban development within its boundaries. State law under Florida Statutes 163.3177(1)(f)3. requires the City accommodate its fair share of growth. Therefore, the City may need more dwelling units. Rationale for Denial - Findings of Fact: a) The proposal to entitle the property for suburban densities is not compatible with the surrounding City of Deltona Page 4 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 development pattern because: 1) Much of the lot sizes in the area are acreage oriented lots (one acre or larger); 2) At least two abutting parcels are engaged in bona fide, commercial agriculture; and 3) The property abuts conservation oriented land. b) The property does have environmental resources like wetlands, floodplain areas, etc. 2. Approve the project. Advantages: The project makes efficient use of City land and infrastructure resources. This will allow the City to support growth in a manner that comports with the suburban community character of the City at large. In addition, the project has been redesigned to minimize impacts to the floodplain and direct residential development away from hazardous areas. A more resilient and sustainable development pattern will result which will require less future City intervention and investment. More open space is afforded under the revised plan. Finally, wetland and open water resources will be protected. Disadvantages: Even with the reduction of density, the project represents a suburban scale development that could be considered incompatible with the neighborhood in the immediate vicinity. Rationale for Approval - Findings of Fact a) There is adequate infrastructure to support the development including roadway, school, and utility capacity; b) Environmental resources like wetlands, waterbodies and floodplains will be safeguarded; c) Based on a preponderance of urban entitlements allocated to the area by both the County and the City, including but not limited to, the Osteen Local Plan, the rezoning request is compatible with the envisioned urban development of the area; d) Significant buffers will be afforded to protect scenic vistas, adjacent agricultural uses and abutting conservation land; and e) The requested RPUD is consistent with the Comprehensive Plan. Note: this request for a rezoning is a quasi-judicial hearing. There will be a swearing in of witnesses and commissioners will be asked to disclose ex parte communication. In addition, this request will generate City of Deltona Page 5 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 some public comment. However, the standing of those parties making comment is an important component of quasi-judicial decision making. At a minimum, those presumed to have standing would be parties situated within the City required 300 foot mailing radius that were directly noticed. A staff memorandum to the Planning and Zoning Board regarding updates to the rezoning request is included within this agenda item. Attached to the memorandum is a list of parties notified by mail about this request. On February 17, 2021, the Planning and Zoning Board heard the Hickory Lakes Preserve RPUD rezoning request. The Planning and Zoning Board voted five (5) to two (2) to forward this ordinance to the City Commission with a recommendation to deny the RPUD rezoning request. The reason cited by the Planning and Zoning Board for the recommendation of denial was the proposed project at the density proposed was not compatible with the rural character (larger, acreage oriented lots and some bona fide agriculture uses) of the surrounding area. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Memo to P&Z and Attachment_2-5-2021 STAFF REPORT-Revised 2-3-2021 STAFF REPORT EXHIBIT 1-TIA MAPS ORDINANCE NO. 06-2020 EXHIBIT A-DA-Clean Document-Revised 2-5-2021 EXHIBIT A -DA-Underline-Strikethrough Format-Revised 2-5-2021 EXHIBIT B Legal Description EXHIBIT C_MDP_Revised 2-4-2021 EXHIBIT C_MDP 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration of one appointment each from Vice-Mayor Bradford and Commissioner King and one Alternate appointment to the Planning and Zoning Board for the remainder of a term to expire on March 15, 2022 - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. City of Deltona Page 6 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 Background: Vice-Mayor Bradford’s appointment, John Harper, resigned on January 05, 2021, Commissioner King’s appointment Michael Bowman resigned March 03, 2021, and Alternate Charles Davidson resigned on August 18, 2020. Per Article XII. Planning and Zoning Board, Sec. 110-1200. Creation (b), “The vacancy shall be filled within 30 days from the time it occurs.” The appointment will serve for the remainder of a term to expire on March 15, 2022. The City has run press releases, posted the opening on D-TV, the City's web page and bulletin boards. To date the City has received applications from the following individuals: Susan Berk (current alternate member), Dr. Allen Pfeffer (current alternate member), Manuel Rodriguez (current alternate member), Giovanni Rick Jo Teresi Arnett, Laura Jordan, and Steven Webster. Attachments: P&Z Code of Ordinances Planning and Zoning Member List Susan Berk - (Alternate) Dr. Allen Pfeffer (Alternate) Manuel Rodriguez (Alternate) Giovanni Rick Jo Teresi Arnett Laura Jordan Steven Webster B. Request for approval of proposal to contract with LTG, Inc. of Ormond Beach, FL to provide professional services related to developing an Americans with Disabilities (ADA) Transition Plan per RFQ #19002 inside the City limits - Steven Danskine, P.E., Public Works, 386-878-8998. Strategic Goal: 5 - Public Safety Background: In response to requirements by State and Federal agencies, the City issued a Request for Qualifications (RFQ) #19002 to map out all of the sidewalk/roadway transitions in order to determine overall compliance with ADA requirements, and to implement a plan to address deficiencies. Failure to do so could jeopardize State and Federal funding for multiple projects throughout the City. Following advertisement and evaluation of the responses to the RFQ, LTG, Inc. was awarded Purchase Order #200660-00 in the amount of $229,000.00 on February 25, 2020 in order to begin Phase I of the ADA Transition Plan. Subsequently, loss of Staff, response to COVID, and salary/rate changes at the Consultant, the cost to perform the analysis has City of Deltona Page 7 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 increased by $18,412.00 to $247,412.00. Please see the attached Purchase Order, Proposals and rate structures. Adequate budget in the program exist to accommodate this change in fees. Although a change order of this magnitude was not required based upon the purchasing policy in place at the time of original approval, it is the desire of Staff to keep the Commission appraised of the City’s programs and efforts geared towards State and Federal compliance. Attachments: Attachment A (Billing Rates) Attachment A ADA Transition Plan 01-06-2021 LTG Agreement RFQ# 19002 ADA Transition Plan PO# 200660-LTG-ADA Transition Plan 02-25-2020 9. 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. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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) 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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. 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. A. Request for approval - Revised Lease Agreement with the County of Volusia/Volusia ECHO for the use of Parcel ID: 8130-23-00-0021 associated with Big Lake Rookery Park. - Ron A. Paradise, Planning & Development Services Director, (386) 878-8610 and Jerry Mayes, Economic Development City of Deltona Page 8 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 and Eco-Tourism Sustainability Manager (386)878-8619. Strategic Goal: Infrastructure - Focus on the expansion of park projects. Background: The City of Deltona was awarded a grant through the Volusia ECHO Grant program for the Big Lake Rookery Park. Big Lake Rookery Park is intended to serve as an eco-park featuring passive types of improvements. On January 19, 2021, the City Commission approved the execution of the lease agreement with the County of Volusia/Volusia ECHO for the use of Parcel ID: 8130-23-00-0021 associated with Big Lake Rookery Park. The County of Volusia/Volusia ECHO revised the lease after the City executed to clarify the type of uses allowed for the park - resource based recreation, observation, etc. The updated language can be found in Section 7, Page 3 of the revised lease. The attached updated lease is to formalize the use of the tract owned by the County of Volusia. The lease agreement is for the County to rent the tract to the City at a cost of one dollar per year as long as the park remains open to the public. Work proposed for the site will not be eligible for ECHO grant reimbursement until after the Grant Agreement is executed which cannot occur until the revised lease is signed/executed. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Revised Lease Agreement B. Request for approval to purchase Sanitization machines with Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act (CDBG- CARES-CV1) funds; and approval of related budget amendment Resolution 2021-17 - Ron A. Paradise, Director of Planning and Development Services (386) 878-8610/Camille Hooper Finance Director (386)878-8552. Strategic Goal: Internal and External Communication Background: The United States has been ravaged by the COVID pandemic which has had an impact on the deliverance of critical services. There is anticipation COVID will remain a major concern at least until the end of 2021. Ever since March of 2020, the City has made concerted efforts to sanitize City properties with the intent of protecting public health. On City of Deltona Page 9 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 August 17, 2020 as part of the CARES Act CV-1 cycle, the Commission approved the purchase of four aero-clave sanitation machines. Two machines were earmarked for the Fire Department and two machines would be used by the Facility Management (Parks) Department. In December of 2020, HUD finally released the CARES Act CV-1 funds to the City. Staff is prepared to move forward with the purchase of the sanitation machines. With the cost of the four aero-clave sanitation machines totaling $75,832.00, Commission approval is sought as the purchases exceed $25,000.00 individually. Resolution 2021-17 is also submitted for approval to amend the budget for the equipment purchase. The Acting City Manager has the authority to make corrections and scrivener’s errors and the like. Attachments: Copy of Commission approval of CDBG-CV-1 expenditures (pg 10) Quote for AeroClave machines 2021-17 - Resolution - Budget Amendment 030 CDBG CARES Equipment 2021-030 CDBG CARES Act Sanitization Equipment C. Request for approval to expend no more than $30,000.00 in State of Florida Finance Corporation SHIP funds for an Owner Occupied Repair project - Ron A. Paradise, Director Planning and Development Services (386) 878-8610. Strategic Goal: Create high-quality housing opportunities. Background: The City is an entitlement community and receives funds from the State Florida Housing Finance Corporation under the Strategic Housing Initiatives Partnership (SHIP) program. The City operates a State approved program known as owner occupied rehabilitation (OOR). As the title implies, the OOR program rehabilitates the homes of qualifying residents within the City. This program helps address years of deferred maintenance for income qualified homeowners. Benefits of the program include allowing people to stay in place and improvement of the housing stock within the City. As is can be expected, the escalating costs of construction, including labor and materials, has increased the price of performing owner occupied rehabilitation projects. The dwelling needs a new roof and a new HVAC system - both expensive repairs. For more information see attached the rehabilitation proposal from Parthy Construction. The total estimate for the work is for $26,650.00. The estimate exceeds the $25,000 spending limit which requires the project being advanced to the Commission for review and approval. However, as is common City of Deltona Page 10 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 with construction jobs, there can be change orders resulting in greater costs. An example is roof deck damage. There is a probability there could be more deck damage than the estimate allowance of four sheets of plywood decking. Therefore, staff is requesting the City Commission authorize no more than $30,000.00 be spent on the rehabilitation project. The approval of the $30,000.00 represents the original estimated price of $26,650.00 and a contingency. However, expenditure of the contingency amount will need to be clearly justified and City approval does not constitute an automatic allowance to be spent on the project. Staff will continue to manage the project, including costs. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Proposal D. Request for approval of Resolution No. 2021-13, approval of a Substantial Amendment of the City of Deltona Community Development Block Grant (CDBG) Program year 2019-2020 Annual Action Plan (AAP) and 2020-2021 Annual Action Plan (AAP) to incorporate the City of Deltona 2020 Community Development Block Grant CARES Act-3 (CDBG-CV3) funding - Ron A. Paradise, Director Planning and Development Services (386) 878-8610. Strategic Goal: Fiscal Issues - administer grants Background: In response to the COVID-19 event the Federal government has been disseminating sums of money with the intent of mitigating the impacts of coronavirus. As part of the Coronavirus Aid, Relief and Economic Security Act (CARES Act), the Federal government is dispersing $2.2 trillion of funds through the hierarchy of government to include state, county and municipal governments. The City of Deltona is recognized by the United States Department of Housing and Urban Development (HUD) as an entitlement community and is therefore eligible to directly receive CDBG CARES Act Funding (CDBG-CV) funding. The City has received approximately $358,628.00 in CARES-CV1 funding (accepted by the City in August of 2020). Over seventy-five percent of those funds have been expended. For funding cycle 2019-2020 and 2020-2021, the City is tentatively approved to receive additional CDBG-CV funding for approximately $380,181 in CARES-CV3 funding. The use of CARES Act funding is very restricted and limited to addressing obvious and short term COVID related impacts. The Federal government has expressed a preference the money be City of Deltona Page 11 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 distributed to the community at large in the form of public assistance. While local governments can use the CARES Act money to buy hardware, the burden rests on the shoulders of the local government to unequivocally justify the nexus between a hardware purchase and the mitigation of COVID 19 impacts. There is a possibility that local governments who interpret the expenditure allowances of the CARES Act liberally may be required to refund the Federal government in the future. In order to receive these funds, HUD requires the City, as an entitlement community, prepare, approve and submit a separate Substantial Amendment to the Annual Action Plan (AAP) for each allocation of funding. The City has been encouraged by HUD to proceed expeditiously in submission of the Substantial Amendment. Staff anticipates these funds would be spent by close of the CDBG 2020-2021 FY (September 30, 2021). In an effort to receive and expend these funds as soon as possible, staff has prepared an amendment to both the CDBG 2019-2020 - FY AAP and the current CDBG 2020-2021- FY AAP. The amendment to the current AAP is required by HUD and the Substantial Amendment illustrates how the City plans to expend this additional CDBG-CARES Act (CDBG-CV3) funding. The updated Annual Action Plan documents are attached. Also attached is a short summary of the plan changes. Staff has prepared a CDBG-CARES Act funding proposal and the proposal is predicated on the fact the current battle with COVID-19, presents an urgent need within the City. The proposed relief and recovery expenditures are consistent with the City putting a high priority on homelessness prevention. CDBG-CARES (CV-1) funds were used to purchase equipment to ensure the safety of first responders, essential City personnel and residents under the “Urgent Need’ HUD strategy. The CDBG-CARES (CV-3) funding will be used to support mortgage, rent and utility assistance for eligible households for no more than three months. Mortgage assistance will be provided only if the lender is capable of accepting partial payments (payments without property taxes included). Consistent with HUD allowances, a portion of these funds will be used for administrative purposes. Therefore, in light of CARES Act restrictions and community needs, City staff recommends the CDBG-CARES (CV-3) funding be allocated as follows: Project - # Requested - Department Amount Proposed Mortgage, Rent and Utility Assistance $304,181 Administration $ 76,000 Total $380,181 City of Deltona Page 12 Printed on 3/16/2021 City Commission Regular Commission Meeting March 15, 2021 As has been stated, the CARES Act funding is restricted. There is confidence the above recommended expenditures can be executed and cogently justified so the City will remain in compliance when there is a CARES Act audit. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Resolution 2021-13 Substantial Amendment CARES CV-3 Final Substantial Amendment Updates 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 13 Printed on 3/16/2021