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City Commission

Regular Meeting

Deltona, FL · November 15, 2021

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, November 15, 2021 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Vice Mayor Bradford Mayor Herzberg 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Sosa. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of November 1, 2021, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to approve the minutes of the Regular Commission Meeting of November 1, 2021, as presented. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation-Proclaiming the Week of November 7-13 as “HOSA Week-Shatter Your Expectations”. B. Proclamation - Proclaiming November 2021 -Native American Heritage Month City of Deltona Page 1 Printed on 11/23/2021 City Commission Minutes November 15, 2021 C. Presentation by Volusia Sheriff Mike Chitwood. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 06-2021, Amending Ordinance No. 21-2009, as amended by Ordinance No. 10-2018, representing a Major Amendment to the Deltona Village Business Planned Unit Development (BPUD) to incorporate eight (8) separate parcels totaling approximately 10.3 acres to the BPUD and vacating certain lots and right of ways associated with various additions to the Davis Park plat. Ron A. Paradise, Director, Community Development, (386) 878-8610. Strategic Goal: Economic Development - Expanding target business niche. City Attorney Marsha Segal-George explained the process for a quasi-judicial hearing and asked everyone who would be offing testimony on this item to please stand, raise their right hand and she swore them in. Each City Commissioner expressed their ex parte communications. Planning and Development Services Director Ron Paradise gave a brief explanation of the item. Mayor Herzberg opened the public hearing. Elbert Bryan, Deltona, spoke about vacating the land, what is the City getting in return and limits on usage. Mayor Herzberg closed the public hearing. Each Commissioner gave the reason for their vote. Commissioner Avila-Vazquez - Yes, all the requirements were met. Commissioner King - Yes, it is consistent with the Comprehensive plan. Commissioner McCool - Yes, it has met the requirements. Commissioner Ramos - Yes, it meets all of the requirements. Commissioner Sosa - Yes, it met the requirements Vice Mayor Bradford - Yes, it met all of the requirements of everything the City has with comp plan. Mayor Herzberg - Yes, it has followed the process and met the requirements. Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to adopt Ordinance No. 06-2021 by adding eight (8) parcels totaling approximately 10.3 acres to the Deltona Village Business Planned Unit City of Deltona Page 2 Printed on 11/23/2021 City Commission Minutes November 15, 2021 Development and vacating certain lots and right of ways associated with the Davis Park subdivision, updating the Deltona Village BPUD MDP, and schedule a second and final hearing for December 13, 2021. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg B. Public Hearing - Resolution No. 2021-38, a resolution to grant a conditional use for a Community Residential Home located at 1059 E. De Carlo Drive. - Ron Paradise, Director, Community Development (386) 878-8610. Strategic Goal: Economic Development - Expanding target business niche Motion by Commissioner Avila-Vazquez, seconded by Commissioner King, to approve Resolution No. 2021-38 granting a Conditional Use for a Community Residential Home located at 1059 E. De Carlo Drive subject to the following conditions: 1) The dwelling shall serve no more than three (3) non-related elderly residents within the dwelling. 2) All residents and related services shall be directly associated with and regulated by the Agency for Health Care Administration (AHCA). 3) The Community Residential Home shall remain under management and ownership of Brenda Cruz, the property owner of 1059 E. De Carlo Drive. A change of ownership shall require a new conditional use to operate a Community Residential Home. 4) The applicant shall continue to utilize the dwelling as a primary residence, including maintaining the residence as a homesteaded dwelling. 5) No signage shall be allowed besides what is allowed for a home occupation. 6) The proposed Community Residential Home service is for an Adult Family Care Home; if the applicant desires to provide any other services, a new conditional use application shall be submitted to the City for review and action. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following City of Deltona Page 3 Printed on 11/23/2021 City Commission Minutes November 15, 2021 vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg C. Public Hearing - Resolution No. 2021-59, Approval to Transmit the Affordable Housing Advisory Committee 2021 Incentive, Review and Recommendation Report - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Economic Development - create more diversified housing opportunities. Motion by Vice Mayor Bradford, seconded by Commissioner King, to approve Resolution No. 2021-59 and direct the City Manager to transmit the Affordable Housing Advisory Committee 2021 Incentive and Recommendation Report to the Florida Housing Finance Corporation. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg 7. OLD BUSINESS: A. Consideration of Commissioner Ramos’ appointment to the Planning and Zoning Board and two alternate members for the remainder of their terms. - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal/External Communication Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to confirm Commissioner Ramos' appointment of Jesus Gonzalez for the remainder of a term to expire on March 15, 2023 to the Planning and Zoning Board. The motion carried by the following vote: City of Deltona Page 4 Printed on 11/23/2021 City Commission Minutes November 15, 2021 For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to confirm the Commission's alternate appointment of Crystal Lilly for the remainder of a term to expire on March 15, 2022 to the Planning and Zoning Board. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Motion by Commissioner King, seconded by Vice Mayor Bradford, to confirm the Commission's alternate appointment of Adam Kemmerling for the remainder of a term to expire on March 15, 2022 to the Planning and Zoning Board. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg 8. NEW BUSINESS: A. Request for approval of an adjustment of the Acting City Manager’s Compensation based on his Superior to Excellent evaluations - John A. Peters, III, P.E., Acting City Manager, (386) 878-8858. Strategic Goal: Internal and External Communication Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to authorize an adjustment to the Acting City Manager's compensation of $177,049.00 based on the Commission's Annual Evaluations as submitted. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Against: 1 - Commissioner King City of Deltona Page 5 Printed on 11/23/2021 City Commission Minutes November 15, 2021 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. However, individual Commissioners may wish to respond under their "City Commission Comments". 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. Steven Evans, 1310 Lake baton Drive, Deltona, spoke about high water bills. Lilllian Gonzalez, 1210 Fort smith Blvd., Deltona, spoke about traffic incidents in front of her property and response time. RoseMary Gonzalez, 2732 Haulover Blvd., Deltona, spoke about traffic violations in her area. Larry Mack, 591 Antelope Dr., Deltona, spoke about the Oath Keepers and Commissioner King. Phillip Loranger, 25 s. Courtland Blvd., Deltona, spoke about trigger words. Michael Williams, 2889 Cottage St., Deltona, spoke about recalling Commissioner King. Cathy Bryan, 1625 Joyner Dr., Deltona, spoke about the process of looking for a City Manager and accusations. John Brunoehler, District 6, spoke about support for Commissioner King. Jim Pescha, 1120 N. Old Mill Dr., Deltona, spoke about support for Commissioner King. Elbert Bryan, Deltona, spoke about support for Commissioner King. 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. Elbert Bryan, Deltona, spoke about items should not being placed on Consent Agenda and wanting items A, B, and G pulled and discussed. City of Deltona Page 6 Printed on 11/23/2021 City Commission Minutes November 15, 2021 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. Commissioners Avila-Vazquez and Commissioner McCool requested Item 11 - A pulled. A. Request for approval of Resolution No. 2021-60 and budget amendment to provide funding for of the purchase of the property for the fire training grounds. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Motion by Commissioner King, seconded by Vice Mayor Bradford, to recommend approval of Resolution No. 2021-60 and the budget amendment to move $200,000 from Municipal Complex Fund Balance to complete the purchase of the property for the fire training grounds. The Acting City Manager has the authority to correct scrivener’s errors and the like. Amended motion by Commissioner King, seconded by Vice Mayor Bradford, to commend approval of Resolution No. 2021-60 and the budget amendment to move $200,000 from Municipal Complex Fund Balance to complete the purchase of the property for the fire training grounds, in a form approved by the City Attorney and subject to the title work received on the property. The Acting City Manager has the authority to correct scrivener's errors and the like. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve Consent Agenda Items 11-B through 11-G. The motion carried by the following vote: City of Deltona Page 7 Printed on 11/23/2021 City Commission Minutes November 15, 2021 For: 6 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Vice Mayor Bradford, and Mayor Herzberg Against: 1 - Commissioner Sosa B. Request for approval of Resolution No. 2021-61 Budget Amendment Nos. 2021-88 through 2021-93 for the General Fund, Solid Waste Fund, Community Development Block Grant Fund, Transportation Fund, Environmental Improvement Trust Fund and Transportation Impact Fees Fund for FY 2020-2021 - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Approved by Consent - to approve Resolution No. 2021-61, Budget Amendment Nos. 2021-88 through 2021-93 for the General, Solid Waste, Transportation, Transportation Impact Fees, CDBG and Environmental Improvement Trust Funds for FY 2020-21. The Acting City Manager has the authority to make corrections of Scrivener’s errors and the like. C. Request to purchase 800 MHz Radio replacements for the Fire Department and to purchase system upgrades for the remaining radios for the entire city. - Fire Chief Bill Snyder, Fire Department (386) 575-6902. Strategic Goal: Public Safety Approved by Consent - to approve the purchase of 800 MHz Radio replacements for the Fire Department and the purchase of system upgrades for the remaining radios for entire city. The Acting City Manager has the authority to correct scrivener’s errors and the like. D. Request for approval to replace one (1) aging Aquatech Jet/Vac, (DW-0590) cost of $445,000.00 based on the Florida Sheriffs Association Contract for Deltona Water Field Operations. - Steven Danskine, PE, Acting Public Works Director (386) 878-8998. Strategic Goal: Equipment Replacement Approved by Consent - to grant approval to replace one (1) aging Aquatech Jet/Vac, cost of $445,000.00 based on the Florida Sheriffs Association Contract for Deltona Water Field Operations. The Acting City Manager has the authority to make corrections of scrivener’s City of Deltona Page 8 Printed on 11/23/2021 City Commission Minutes November 15, 2021 errors and the like. E. Request for approval to purchase (5) Ford F-150 trucks and (1) Ford F-250 truck, for a total cost of $168,234.00 for Deltona Water Field Operations. - Steven Danskine, PE, Acting Public Works Director (386) 878-8998. Strategic Goal: Equipment Replacement Approved by Consent - to grant approval to purchase (5) Ford F-150 trucks and (1) Ford F-250 truck, cost of $168,234.00 based on the Florida Sheriffs Association Contract for Deltona Water Field Operations. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. F. Request for approval to replace 2013 Ford F-250 4x2 extended cab (ES-1302) with an animal storage box with a new Ford F-250 4x2 extended cab including a new animal storage box at a cost of $50,276.00 for Animal Control and to replace 2007 Ford F-150 extended cab (ES-0717) with a new Ford Explorer 4x2 at a cost of $29,642 for Code Compliance. - Ron Paradise, Director of Community Development (386) 878-8610. Strategic Goal: Public Safety Approved by Consent - to grant approval to replace 2013 Ford F-250 4x2 Extended Cab (ES-1302) with a new Ford F-250 4x2 extended cab including a new animal storage box at cost of $50,276.00 for Animal Control and to replace 2007 Ford F-150 Extended Cab (ES-0717) with a new Ford Explorer 4x2 at a cost of $29,642 for Code Compliance. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. G. Request approval of the Task Authorization with Mead & Hunt to design the replacement of an 8 inch gravity sewer main on Lake Helen Osteen Road, in accordance with their Agreement with the City of Deltona and RFQ# PW 2020-09 for Continuing On-Call Water & Wastewater Utility Line Engineering Services in the amount of $59,171.00. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Approved by Consent - to approve the Task Authorization with Mead & Hunt to design and permit the replacement of the 8 inch gravity sewer City of Deltona Page 9 Printed on 11/23/2021 City Commission Minutes November 15, 2021 main on Lake Helen Osteen Road, in the amount of $59,171.00. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Vice Mayor Bradford reported to the Acting City Manager the contacts she has received from residents about the Christmas parade this year and she requested a way for the City to beef up advertising of the drive thru Christmas parade at City Hall. The Acting City Manager advised her of parking difficulties for the parade, the large burden of a parade on the staff and how much more will be added to the drive thru Christmas parade this year. Commissioner Avila-Vazquez reported the disappointment from residents over no Christmas parade and she requested that it be brought back in 2022 and that Deltona Lakes 50th Anniversary is next year. Commissioner McCool requested that the traditional parade be brought back and a 4th of July parade. Mayor Herzberg requested a Workshop with staff on Special Events for 2022. After discussion, the Commission concurred to have a Workshop with staff on Special Events in the beginning of 2022. 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez spoke about the Sanford River Walk Ribbon Cutting, what they have done in Sanford, New Hope Baptist Church Festival and respect for each other during the meetings. Commissioner McCool spoke about the Grand Opening of Fresco y Mas Supermarket at the old Winn Dixie Plaza on Providence Boulevard at 8:00 a.m. on Wednesday, November 17th, speeding problems in different areas of Deltona, attacks against Commissioner King and racism and discrimination accusations. Commissioner Sosa spoke about excessive speeding, lack of maintenance at parks, lighting at Keysville Dog Park and the feral cat problem on Shiprock Court. Commissioner King spoke about the Grand Opening of Fresco y Mas and the Wreaths Across America collection deadline. Vice Mayor Bradford spoke about Santa being at 2515 Walkertown Avenue from 7:00-9:00 p.m. Friday, November 19th, Hope Fest, staying positive and having an awesome City of Deltona Page 10 Printed on 11/23/2021 City Commission Minutes November 15, 2021 Christmas season. Mayor Herzberg spoke about Family Health Source and the State of the City on November 30th at 5:30 p.m. at The Center and who to contact for participation. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Elizabeth Keys, DEPUTY CITY CLERK City of Deltona Page 11 Printed on 11/23/2021

Agenda

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, November 15, 2021 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Sosa. 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 of the Regular Commission Meeting of November 1, 2021, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: November 1, 2021 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation-Proclaiming the Week of November 7-13 as “HOSA Week-Shatter Your Expectations”. Background: HOSA-Future Health Professionals, is a career and technical student organization for high school, postsecondary and middle school students who plan to pursue a health career. HOSA provides a strong foundation for preparing tomorrow’s healthcare professionals through skill City of Deltona Page 1 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 development, leadership opportunities, and community service. HOSA supports and encourage students whose interests lie in pursuing a health career, promoting the development of responsible citizenship, personal integrity, and compassion for humanity. B. Proclamation - Proclaiming November 2021 -Native American Heritage Month Background: Native American Heritage month has been a recurring monthly event in November since 1990 when former President George H.W. Bush signed a resolution declaring November as Native American Indian Heritage Month. The contributions of American Indians have enhanced the freedom, prosperity and greatness of our state and nation. Their roots are deeply embedded in this land and we remain committed to preserving and protecting American Indian cultures, languages and history, while ensuring prosperity and opportunity for all American Indians C. Presentation by Volusia Sheriff Mike Chitwood. Background: Presentation by Volusia Sheriff Mike Chitwood. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 06-2021, Amending Ordinance No. 21-2009, as amended by Ordinance No. 10-2018, representing a Major Amendment to the Deltona Village Business Planned Unit Development (BPUD) to incorporate eight (8) separate parcels totaling approximately 10.3 acres to the BPUD and vacating certain lots and right of ways associated with various additions to the Davis Park plat. Ron A. Paradise, Director, Community Development, (386) 878-8610. Strategic Goal: Economic Development - Expanding target business niche. Background: The goal of the major amendment to the Deltona Village BPUD is to add eight (8) parcels totaling approximately 10.3 acres of land. The amendment does not change any of the uses, development standards or other parameters of the Deltona Village BPUD. In addition, to assist in the integration of the eight (8) parcels into the BPUD, ordinance No. 06-2021 also includes the vacation of lots and public rights of way associated with the first, second and sixteenth additions of an antiquated 1920’s vintage subdivision known as Davis Park. The vacation element of this request impacts six (6) of the eight (8) parcels. The right of way areas that are part of the vacation action total about one (1) acre of land. These right of ways proposed for vacation represent half of the original platted right of ways. The other half were City of Deltona Page 2 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 vacated by the City many years ago at the request of the applicant. The right of ways have no functional utility for the City currently or into the future. The information on the eight (8) parcels is best expressed in a table format. A table indicating the eight (8) parcels is attached as part of this agenda package. For more information see the attached staff report and map series. The Planning and Zoning Board did hear this request on October 20, 2021. The Planning and Zoning Board did recommend the City Commission approve the requested amendment to the BPUD and also indicated the Master Development Plan (MDP) associated with the Deltona Village BPUD be updated to include the inclusion of the eight (8) parcels. The applicant has provided an updated graphic to indicate the inclusion of the parcels into the “Deltona Village Overall Site Development Plan”. See attached. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the amendment to the Deltona Village BPUD by adding eight (8) exception/hold out parcels to the BPUD and vacating certain lots and right of ways. Advantages: a. The property can be developed under a more unified development pattern; b. A more unified development pattern will facilitate more synergistic projects at an appropriate scale that are consistent with modern development forms; and c. The request is consistent with the Comprehensive Plan by furthering several provisions that address the repurposing of antiquated plats to facilitate mixed use development formats. Disadvantages: a. The City will be giving up about an acre of land through the vacation of non-connected, limited utility City right of ways. 2. Do not approve the amendment to the Deltona Village BPUD by adding eight (8) exception/hold out parcels to the BPUD and vacating certain lots and right of ways. Advantages: City of Deltona Page 3 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 a. The City will retain the approximate one acre of right of way. Disadvantages: a. There will be a possibility that there could be a more uncoordinated and disjointed development pattern not taking ready advantage of shared access and interconnectivity associated with a unified development; b. Some of the eight (8) parcels are too small to accommodate modern development forms and requirements such as parking and stormwater; c. Not incorporating these parcels into the BPUD can hinder the development of the Deltona Village BPUD by creating inholdings and exceptions resulting in non-traditional lot boundaries and design challenges; and d. Six (6) of the eight parcels will remain as part of the obsolete, antiquated Davis Park subdivision. Attachments: Staff Report Ordinance No 06-21 Ordinance 06-2021 Aerial_Photo LocationMap FEMA_Map FLU_Map Countour Soil Deltona Village updated MPD Overall Site Development Plan EXCEPTION PARCEL TABLE B. Public Hearing - Resolution No. 2021-38, a resolution to grant a conditional use for a Community Residential Home located at 1059 E. De Carlo Drive. - Ron Paradise, Director, Community Development (386) 878-8610. Strategic Goal: Economic Development - Expanding target business niche Background: The owner of the dwelling at 1059 E. De Carlo Dr. has requested Conditional Use approval for a Community Residential Home (CRH). The goal is the CRH would serve no more than three elderly residents. Aspects associated with the of care for the elderly residents will be regulated by the Florida Agency for Health Care Administration (AHCA). Caregiving activities will be provided by the homeowner/applicant and another certified nursing assistant. The property is developed with a 2,686 square foot single-family City of Deltona Page 4 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 dwelling situated on a lot that is a little less than 14,000 square feet in size. The site has a paved driveway and the house has a two car garage - enough to provide adequate parking for activities associated with the Community Residential Home. City Code Section 110-814(c) does provide criteria for the location of CRH facilities within the City. The criteria is as follows: 1) The CRH cannot exceed six non-family residents. 2) The CRH cannot be located within 1,000 feet from other CRH operations. 3) A business tax receipt must be obtained and maintained. 4) The character of the neighborhood must be protected by minimizing public and private nuisances. 5) Compliance with all applicable local, state and federal codes, including the building code is required. 6) Protection of public health, safety and welfare to ensure basic functions, including utilities, access management, parking and solid waste are required. The CRH request was reviewed by City in light of the above criteria and is recommending the CRH be approved subject to the following conditions: 1) The dwelling shall serve no more than three (3) non-related elderly residents within the dwelling. 2) All residents and related services shall be directly associated with and regulated by the Agency for Health Care Administration (AHCA). 3) The Community Residential Home shall remain under management and ownership of Brenda Cruz, the property owner of 1059 E. De Carlo Drive. A change of ownership shall require a new conditional use to operate a Community Residential Home. 4) The applicant shall continue to utilize the dwelling as a primary residence, including maintaining the residence as a homesteaded dwelling. 5) No signage shall be allowed besides what is allowed for a home occupation. 6) The proposed Community Residential Home service is for an Adult Family Care Home; if the applicant desires to provide any other services, a new conditional use application shall be submitted to the City for review and action. City of Deltona Page 5 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 For more information see the attached staff report. The Planning and Zoning Board heard the request on October 20, 2021. The Board did recommend unanimously the City Commission approve the CRH request subject to the conditions suggested by staff. Finally, as per Section 110-1102(e), a Conditional Use request needs to be approved by a five vote super majority of the City Commission. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the request subject to the staff suggested conditions Advantages: 1) The CRH will be limited in scope and will be compatible with the surrounding neighborhood. 2) The CRH will result in expanded living opportunities for the elderly. Disadvantages: 1) Under the suggested conditions, the dwelling unit as a CRH will remain the ownership of the applicant as a homesteaded property. This will help ensure continued owner engagement in the operation but not expand the tax base. 2. Do not approve the request subject to staff suggested conditions Advantages: 1) There will be no change in the neighborhood. Disadvantages: 1) Needs care options for the elderly will be limited. Attachments: Staff Report_1059 E De Carlo Dr CU21-0003 Resolution No 2021-38 Aerial Photo Location Map FEMA Map FLU Map Zoning Map Soil Map C. Public Hearing - Resolution No. 2021-59, Approval to Transmit the Affordable City of Deltona Page 6 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Housing Advisory Committee 2021 Incentive, Review and Recommendation Report - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Economic Development - create more diversified housing opportunities. Background: The State Housing and Initiative Partnership (SHIP) Act, sections 420.907-420.9079, Florida Statues, (hereinafter referred as the SHIP Act) and Chapter 67-37, Florida Administrative Code (FAC), (hereinafter referred to as the ‘SHIP Rule’), establish requirements for SHIP entitlement communities, like Deltona, related to the implementation of the SHIP Act and the SHIP Rule. Consistent with Chapter 420.9076 F.S., local governments which receive funds through the State Housing Initiative Partnership (SHIP) program are required to establish an Affordable Housing Advisory Committee (AHAC) with a mission to prepare an affordable housing incentive review and recommendations report every three years. In 2020, the Florida Legislature changed Chapter 420.9076 F. S. to require local governments participating in the SHIP program to establish an AHAC with the intent of preparing an affordable housing inventive review and recommendations report annually. Another notable change was the requirement to include a sitting member of the local government elected body on the AHAC. Chapter 420.9076 F.S. requires a local government AHAC to review and provide an analysis of eleven areas that could influence the provision of affordable housing within the jurisdiction. These areas range from the affect impact fees can have on affordable housing to the applicability of providing transit oriented development within the jurisdiction. To assist in the formulation of the attached Affordable Housing Advisory Committee 2021 Incentive, Review and Recommendations Report (Report), the City hired the Florida Housing Coalition to moderate meetings of the AHAC and provide assistance in the formulation of the Report. With regard to the analysis of each area there is a summary of AHAC discussions and potential recommendations. In some cases recommendations were not articulated by the AHAC. However, the report is a dynamic document. The Florida Housing Coalition staff that did indicate to the AHAC the Report was intended to be revisited and refined every year. The AHAC as a collective has indicated they are ready for next year to better define the Report. The formulation of the Report is necessary to the City to continue to City of Deltona Page 7 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 participate in the SHIP program (The City received approximately $600,000 from the SHIP program this program year.) and the AHAC did perform its statutory duties. The Affordable Housing Advisory Committee 2021 Incentive Review and Recommendations Report is attached and contains the AHAC analysis regarding each area influencing the provision of affordable housing within the City. Approval of the AHAC Report 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. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Transmit the AHAC 2021 Incentive Review and Recommendations Report Advantages: a) The City will continue to be able to participate in the SHIP program and provide housing related assistance to income eligible households. b) The report illustrates the City is actively engaged in affordable housing matters and a willing participant in the SHIP program. Disadvantages: a) None. 2. Do not transmit the AHAC 2021 Incentive Review and Recommendations Report Advantages: a) None. Disadvantages: a) The City will no longer be eligible for SHIP funding. b) Would indicate the City is not interested in addressing affordable housing matters within the jurisdiction. Attachments: AHAC Deltona Report_ada Res. No 2021-59 7. OLD BUSINESS: A. Consideration of Commissioner Ramos’ appointment to the Planning and Zoning Board and two alternate members for the remainder of their terms. - City of Deltona Page 8 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal/External Communication Background: On November 1, 2021 the Commission tabled three (3) appointments (Commissioner Ramos and two (2) alternates) to the Planning and Zoning Board until November 15, 2021. Commissioner Ramos’ appointment will serve for the remainder of a term to expire on March 15, 2023. The alternate appointments will serve for the remainder of a term to expire on March 15, 2022. The City ran 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: Tyran Basil, Jesus Gonzalez, Gino Hanco, Adam Kemmerling, Crystal Lilly, Robert B. Lindemann, Nick Lulli and Lyman Wescott. OPTIONS: 1. To approve Commissioner Ramos’ selection for appointment and the Commission’s appointment of two alternate members to the board. 2. To table Commissioner Ramos’ selection for appointment and the Commission’s appointment of two alternate members to the board. Attachments: Mr. Kennedy's resignation email Mr. Trombetta Resignation Ms. Jordan Resignation Planning and Zoning Member List Tyran Basil Jesus Gonzalez Gino Hanco Adam Kemmerling Crystal Lilly Robert B. Lindemann Nick Lulli Lyman Wescott 8. NEW BUSINESS: A. Request for approval of an adjustment of the Acting City Manager’s Compensation based on his Superior to Excellent evaluations - John A. Peters, III, P.E., Acting City Manager, (386) 878-8858. Strategic Goal: Internal and External Communication City of Deltona Page 9 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Background: The City Commission has discussed the need for Charter Officer evaluations and that the results be presented at a public meeting. The Acting City Manager’s Annual Evaluations as submitted averaged 4.30 which places the Acting City Manager as between Superior and Excellent on the Evaluation Form. According to Section 2 (B) of the Acting City Manager’s Contract, the Acting City Manager should receive an annual increase commiserate with those of City Directors. The City Commission approved an hourly increase for all employees of $2.25 or annual amount of $4,680. Section 2 (C) allows the Commission to make any other adjustments as they may deem appropriate based on the Acting City Manager’s performance. In an analysis of Volusia County City Manager’s Compensation (attached), the Acting City Manager currently receives approximately $1,469 per year less than the Volusia County average for a car allowance. In addition, the Acting City Manager would prefer to only utilize his personal phone, and the average compensation for a phone is $1,100 annually. All of these adjustments would result in an annual salary of $169,680 (currently #165,000), a car allowance of $6,269 (currently $4,800) and a phone allowance of $1,100 (currently $0 due to use of a City phone). OPTIONS: 1. Authorize a compensation adjustment consisting of an annual salary of $169,680, a car allowance of $6,269 and a phone allowance of $1,100 in accordance with Section 2 (B) and (C). 2. Authorize in increase in annual salary of $169,680 in accordance with Section 2 (B). 3. Authorize a compensation adjustment that the Commission deems appropriate based on the Annual Evaluations. City of Deltona Page 10 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Attachments: Acting City Manager's Contract ACM Evaluation Form - King ACM Evaluation Form - Avila-Vazquez ACM Evaluation Form - McCool ACM Evaluation Form - Sosa ACM Evaluation Form - Ramos ACM Evaluation Form - Vice Mayor ACM Evaluation Form - Mayor ACM Evaluation Score Sheet Volusia City Managers Compensation Analysis 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. However, individual Commissioners may wish to respond under their "City Commission Comments". 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 of Resolution No. 2021-60 and budget amendment to provide funding for of the purchase of the property for the fire training grounds. - Mari Leisen, Finance Department (386) 878-8553. City of Deltona Page 11 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Strategic Goals: Fiscal Issues Background: The commissioners voted to approve $650,000 for the purchase of the fire training grounds in the Fiscal Year 2021/2022 budget. The accepted offer from the seller is $850,000. A budget amendment in the amount of $200,000 has been prepared to make the funds available to complete the transaction. OPTIONS: 1. Approve the budget amendment to move $200,000 from Municipal Complex Fund to complete the purchase of the property for the fire training grounds. 2. Do not approve the budget amendment to move $200,000 from Municipal Fund Balance to complete the purchase of the property for the fire training grounds. Attachments: 2021-60 Reso - BA 2022-008 BA 2022-008 B. Request for approval of Resolution No. 2021-61 Budget Amendment Nos. 2021-88 through 2021-93 for the General Fund, Solid Waste Fund, Community Development Block Grant Fund, Transportation Fund, Environmental Improvement Trust Fund and Transportation Impact Fees Fund for FY 2020-2021 - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Background: The Commission approved the annual budget for FY 2020-21 on September 21, 2020. Staff requests final true-up amendments for the 2020-21 fiscal year as detailed in attached Exhibits A-F to · Adjust budgeted amounts for line items in the General (Attachment A) and Solid Waste funds (Attachment B); · Adjust budget for transfer of revenue from Community Development Block Grant Fund (Attachment C) and Transportation Fund (Attachment D) from Transportation Impact Fees Fund (Attachment F); and · Adjust budget for expenditures from Environmental Improvement Trust Fund (Attachment F); City of Deltona Page 12 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Attachments: 2021-61 Resolution - Budget Amendment Year End True Up 2021-88 General Fund Exhibit A 2021-89 Solid Waste Fund Exhibit B 2021-90 CDBG Fund Exhibit C 2021-91 Transportation Fund Exhibit D 2021-92 Environmental Improvement Trust Fund Exhibit E 2021-93 Transportation Impact Fees Fund Exhibit F C. Request to purchase 800 MHz Radio replacements for the Fire Department and to purchase system upgrades for the remaining radios for the entire city. - Fire Chief Bill Snyder, Fire Department (386) 575-6902. Strategic Goal: Public Safety Background: Volusia County is currently in the process of upgrading the 800 MHz radio system to meet P-25 phase II compliance. This will allow more users on the system and allow all agencies to be able to communicate with each other in a seamless fashion. During 9/11 it was found that agencies could not talk to each other due to the lack of interoperability between their radio systems. This upgrade eliminates that hurdle and complies with national standards on radio interoperability. This equates to greater scene safety in mutual aid events such as structure fires, brush fires, hurricanes, and even medical calls when multiple agencies with different radio systems are working together. These new radios will also improve communications on the fireground by blue-toothing our radios to our air packs to make our communications clearer. With this upgrade to the Volusia County system the current radios that our department has will become inoperable when the system updates go live in 18 - 24 months. Volusia County has tendered a contract with Communications International for agencies within the county to purchase new radios at a substantial discount. This discount will only be good for 12 months after the signing of the contract between Volusia County and Communications International. With this capital purchase, will be replacing some radios to take advantage of this discount. These new radios will be covered under a five-year warranty which will reduce our radio maintenance costs over their time. All remaining radios, that do not need the blue tooth capability, will not be replaced but rather be upgraded out of our operational budget in an effort to be more cost effective. The Fire Department is requesting to purchase these radios now as they will be significantly more expensive to replace when the discount is City of Deltona Page 13 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 over. The current contracted rate is reflected on Quote# QO016597 for a total purchase of $152,215.27. These funds were approved in the FY21/22 capital budget. Upgrades to all remaining city radios are estimated to be approximately $60,000. Funds were approved in the Fire Department’s operating budget. OPTIONS: 1. Approve purchase of radios and upgrades 2. Deny purchase of radios and upgrades Attachments: Deltona Fire QO0016597 P25 Radio Replacement 10-12-21 Volusia County Award of contract to Comm International 062221 Volusia County P25 agreement 06-22-2021 Communications_International_-_Amendment_No_1_FULLY EXECUTED Exhibit_B.1_-_Pricing_-_Revision_1 D. Request for approval to replace one (1) aging Aquatech Jet/Vac, (DW-0590) cost of $445,000.00 based on the Florida Sheriffs Association Contract for Deltona Water Field Operations. - Steven Danskine, PE, Acting Public Works Director (386) 878-8998. Strategic Goal: Equipment Replacement Background: Deltona Water requests to replace the aging Aquatech Jet/Vac (DW-0590). This vehicle purchase was approved in the FY 2021/2022 Budget (Capital Outlay). The request for replacement of the vehicle follows the guidelines of Policy No.: CW-10-003, is due to frequency of use, deterioration, high maintenance costs and high mileage, currently 103,667. Also the Aqua Tech Jet/Vac truck has 6,399 hours on it. The City is following a regular replacement cycle for equipment proactively to avoid large unplanned equipment expenses. This piece of equipment has been down several times for repairs. The quote was requested through the Cooperative Purchasing Program from the Florida Sheriffs Association that, in partnership with the Florida Association of Counties, offers tremendous savings for participating agencies statewide. The quotes submitted by Pat’s Pump + Blower in the amount of $445,000.00 is below the amount budgeted ($450,000.00). OPTIONS: 1. Approve the purchase of new Aquatech Jet/Vac to meet the needs of City of Deltona Page 14 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Deltona Water Field Operations crews. 2. Deny purchase of item requested. Attachments: Award_Letter_FSA20-EQU18.0 Deltona B15 Revised quote E. Request for approval to purchase (5) Ford F-150 trucks and (1) Ford F-250 truck, for a total cost of $168,234.00 for Deltona Water Field Operations. - Steven Danskine, PE, Acting Public Works Director (386) 878-8998. Strategic Goal: Equipment Replacement Background: The Deltona Water Department request the purchase of (5) new Ford F-150 trucks and (1) new Ford F-250 truck for a total cost of $168,234.00 Which was approved at FY 2021/2022 Budget (Capital Outlay). The requested vehicles are as follows. (1) F-150 is for a new Field Tech Position. (1) Ford F-150 is for the 2nd Utility Locate Position, (3) Ford F-150’s for the three Utility Flushing Positions and (1) Ford F-250 is for the new Backflow Inspector Position. The quote was requested through the Cooperative Purchasing Program from the Florida Sheriffs Association that, in partnership with the Florida Association of Counties, offers tremendous savings for participating agencies statewide. The quote submitted by Duval Ford Government Fleet in the amount of $168,234.00 is below the amount budgeted ($300,000.00). OPTIONS: 1. Approve the purchase of (6) new trucks to meet the needs of the Deltona Water Field Operations crews. 2. Deny purchase of items requested. Attachments: Award_Letter_FSA20-EQU18.0 CITY OF DELTONA.xlsx - Group F. Request for approval to replace 2013 Ford F-250 4x2 extended cab (ES-1302) with an animal storage box with a new Ford F-250 4x2 extended cab including a new animal storage box at a cost of $50,276.00 for Animal Control and to replace 2007 Ford F-150 extended cab (ES-0717) with a new Ford Explorer 4x2 at a cost of $29,642 for Code Compliance. - Ron Paradise, Director of Community Development (386) 878-8610. Strategic Goal: Public Safety City of Deltona Page 15 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Background: As per the approved FY 2021/0222 Budget the Code Compliance Division proposed to replace a 2013 Ford F-250 4x2 Extended Cab (ES-1302), at $55,000.00 for Animal Control and to replace 2007 Ford F-150 Extended Cab (ES-0717) for Code Compliance at $35,000. The request for replacement of the vehicles follows the guidelines of Policy No.: CW-10-003. The vehicles, because of frequency of use, deterioration, and high maintenance costs are considered beyond the years of service. For example the Animal Control truck box is beyond reconditioning which leaves it unrepairable. The goal of the requested purchase is to follow a regular replacement cycle for equipment proactively to avoid large unplanned equipment expenses and /or level of service reductions. The quote was requested through the Cooperative Purchasing Program from the Florida Sheriffs Association that, in partnership with the Florida Association of Counties, offers tremendous savings for participating agencies statewide. The attached quote submitted by Bozard Ford Government Fleet in the amount of $50,276.00 and $29,642.00 are below the amount budgeted ($90,000.00). The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the purchase (replacement) of a Ford F-250 (with a new animal storage box) and a new Ford Explorer to replace the 2013 Ford F-250 and 2007 Ford F-150 as quoted. Advantages: 1. The City will obtain two new vehicles at a competitive price. 2. The possibility of a level of service reduction will be minimized. For example, animal control transport could be delayed as a result of a broken down vehicle or inoperable animal storage box. Disadvantages: 1. The City could have a lower level of service with regard to Code Compliance and animal control activities. City of Deltona Page 16 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 2. Table item and put out to bid. Advantages: 1. The City may get a better price for the vehicles. Disadvantages: 1. The bid process will take time to undertake and otherwise administer. 2. Unknown if there could be a better price to be obtained. 3. Timeline for vehicle delivery may not be as efficient. 4. There could be a lower level of service experienced if one of the vehicles is inoperable 3. Deny purchase of item requested. Advantages: 1. City will not have to spend the money for new vehicles. Disadvantages: 1. Deferred vehicle replacement may end up costing more in the long run through added maintenance costs associated with original vehicles. 2. Price of vehicles is trending upwards rapidly. Vehicles in the future will cost more. Attachments: Quote for Replacement Vehicles Florida Sheriffs Assoc Bid Award Award Report 21-22 Explorer Award Report 21-22 F-250 G. Request approval of the Task Authorization with Mead & Hunt to design the replacement of an 8 inch gravity sewer main on Lake Helen Osteen Road, in accordance with their Agreement with the City of Deltona and RFQ# PW 2020-09 for Continuing On-Call Water & Wastewater Utility Line Engineering Services in the amount of $59,171.00. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: This project is to design, permit, and provide Construction Engineering Services for the replacement of an 8-inch gravity sewer main on Lake Helen Osteen Road between Austin Avenue and Cardena Avenue. The condition of the two connected manholes will be assessed and recommendations for repair and/or lining will be provided if required. Construction of the sewer replacement will require Lake Helen Osteen Road to be closed during the construction phase and will require a City of Deltona Page 17 Printed on 11/10/2021 City Commission Regular Commission Meeting November 15, 2021 Volusia County Use Permit which is included in this task. This portion of the gravity main has been in service for over 35 years and is failing causing a depression in the road on Lake Helen Osteen Road and Austin Avenue. This road is heavily traveled as it is a main road coming into Deltona from Lake Helen. Mead & Hunt will provide project administration services necessary to coordinate all aspects of the project to include project design, permitting, bidding services when we are ready to go out to bid, construction observation and project closeout documents. OPTIONS: 1. Approve - Proceed with the project and replace the failing 8 inch gravity sewer main. 2. Deny - Project will not be completed and the gravity sewer main could fail and could cause the road to collapse. Attachments: Lake Helen Osteen Rd. SS Repl. Scope Fee to City 11.3.21 Fully Executed Agreement-Mead & Hunt, RFQ# PW 2020-09- 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 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 18 Printed on 11/10/2021

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