City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, May 16, 2022 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 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: A. Approval of minutes of the Regular Commission Meeting of May 2, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 2, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. FY2020/2021 Annual Audit Presentation: Annual Comprehensive Financial Report for the Year Ended September 30, 2021 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources and promote an effective system of checks and City of Deltona Page 1 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 balances. Background: The City undergoes a financial audit each year and issues an Annual Comprehensive Financial Report that include the City’s financial statements. The independent audit firm of Purvis Gray, will present the City’s audited Annual Comprehensive Financial Report for the year ended September 30, 2021. OPTIONS: 1. N/A Attachments: FY 20-21 Annual Comprehensive Final Report 3.31.22 FINAL B. Proclamation - Emergency Medical Services Week- May 15-21, 2022. Background: Proclamation honoring the members of the emergency medical services teams who are ready to provide lifesaving care to those in need 24 hours a day, seven days a week. C. Proclamation - National Public Works Week - May 15-21, 2022. Background: 2022 marks the 22nd Annual National Public Works Week, May 15-21, 2022, and is observed to recognize the importance of public works in our society and to showcase the essential role public works plays in the quality of life of the community. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 07-2022, rezoning request (RZ21-0004) for a ±39.36-acre tract from Single Family Classification (R-1A) to Residential Planned Unit Development (RPUD), at second and final reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Background: The City of Deltona received an application for a rezoning to change the zoning on a ±39.36-acre parcel from R1-A (Single Family Classification) to Residential Planned Unit Development (RPUD). The project was originally planned to be developed with 126 lots to support detached single-family dwellings. Per the April 18, 2022 first reading, the applicant agreed to reduce the number of units to 122. The Lakeside Landing RPUD lot sizes will include 45-foot, 50-foot, and 70-foot widths and a minimum lot size of 5,625 square feet. Larger lots will be in the 10,000 square foot range. The project will have two access points. There will be a proposed roadway connection to Alex Lane and an extension to Barger Drive. The project features community amenities including natural preservation land, an open play area, and a City of Deltona Page 2 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 walking trail around the pond (Tract E) with a trail connection. For more information relating to the project, see the attached staff report and related graphics. The Future Land Use designation of this property is Low Density Residential (LDR) (0-6 dwelling units per acre). The Residential Planned Unit Development proposes a maximum net density of 3.26 dwelling units per acre, which is consistent with the Future Land Use Element of the Comprehensive Plan. The applicant is proposing 122 units as part of this rezoning. The density thresholds of the LDR, or any land use designation are expressed in gross terms. There are features like open water bodies, other physical features, and easements that may result in a reduction of actual density. In addition, Right-of-Way dedications and infrastructure like stormwater and environmental constraints can impact the final net density associated with a project. In comparison to the existing R1-A zoning, the site is currently entitled to have up to a gross density of four dwelling units per acre (157 units). After approximate calculations accounting for the minimum 9,500 square-foot lot size, Lake Sidney open water area, and infrastructure (stormwater, roads, utilities, and landscape buffers), staff determined the site could possibly accommodate about 100 single-family lots. Although the proposal provides for approximately 26 more lots, the applicant is providing sewer and reclaim connections to the site from the Courtland Boulevard & Fort Smith Boulevard intersection, further improving utility availability and improving conditions to the Blue Springs Basin. The proposed design protects significant natural wetland habitat and lakefront areas along Lake Sidney; furthermore, lake access and a trail network for passive recreational enjoyment will be created. The majority of wetlands will not be impacted and will be afforded a 25-foot upland buffer as per City wetland protection regulations. Small wetlands labeled as Wetland 2 (0.09-acre) and 4 (0.07-acre) in the environmental assessment are anticipated to be developed by the applicant for a lift station and Lots 84 & 85, respectively. An environmental report is attached as part of the staff report package. These small wetland polygons are considered exempt per Section 98-55 of the City’s Land Development Code, and will be addressed by the Development Review Committee at the time of subdivision application. Staff will also require the applicant provide exemption confirmations from Florida Department of Environmental Protection and any other agencies which oversee wetland protection. Under the existing zoning classification of the site (R1-A), no development agreement is required between the City and the property City of Deltona Page 3 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 owner/developer. The Lakeside Landing RPUD Development Agreement (DA) contains the obligations of the owner/developer and the City, and lays out the various conditions and standards that will control the development of the property (i.e. amenities, parking, homeowner association, environmental protection requirements, etc.). The DA also illustrates how the property will be developed by articulating requirements such as minimum lot sizes, setbacks, etc. A copy of the DA is attached as an exhibit to Ordinance No. 07-2022. On March 30, 2022, the Planning and Zoning Board heard the Lakeside Landing 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. Reasons cited for the denial include traffic impacts, greater density over the existing zoning entitlements, and environmental concerns. On April 18, 2022, The City Commission heard the Lakeside Landing RPUD rezoning request. The City Commission voted four (4) to three (3) to approve this ordinance on first reading. As a result of the meeting changes were made to the Development Agreement. Those changes are as follows: 1) Reduction of density to 122 units; 2) Privacy fencing will be constructed. Namely a 6-foot white vinyl fence, along the north, east, and south property boundaries; 3) The project waterfront was redesigned to expand to the lake amenity access with a boardwalk and passive recreation facility; 4) The number of overflow parking stalls provided were increased; 5) Language was added to the DA to fully document the condition of Monterey Drive, Tradewinds Drive and Barger Drive pre and post construction and address remediation as appropriate; and 6) The applicant in good faith has pledged to provide $30,000 in funds to assist any necessary repaving of the existing road network. Staff has amended the attached Development Agreement in accordance with the items discussed at the Commission hearing. Finally, in the context of this and other rezoning activity involving the Planned Unit Development requests, there have been questions raised about contract zoning and spot zoning. Please be advised, the Planned Unit Development classification and related development agreement is an example of conditional zoning not contract zoning. In addition, since the City has a comprehensive plan and an associated Future Land Use Map, rezoning activity City of Deltona Page 4 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 consistent with the comprehensive plan cannot be considered spot zoning. The following quote from a publication from the Knapp School of Government, University of North Carolina sums up the appropriateness of conditional zoning: “…conditional zoning is a valuable tool that allows development regulations to be carefully tailored to individual sites and particular development schemes. It allows reasoned negotiation and appropriate balancing of landowner, neighborhood, and governmental interests.” Finally, attached is an e-mail transmission that serves as a primer on contract zoning, spot zoning and the quasi-judicial nature of a rezoning request. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the Lakeside Landing RPUD rezoning request from R1-A to RPUD with the proposed changes to the Development Agreement. Advantages: a. The approval of this project will result in the entitlement of a 122-unit residential infill development intended to be fully serviced by utilities and other infrastructure. The infill nature of the project makes more efficient use of existing land resources and City investments in infrastructure. b. The project will be developed with amenities like a trail and tot lot. c. The natural features of the site are integrated with the proposed development. d. The subdivision will provide for overflow parking areas keeping stationary vehicles outside of the public right-of-way. e. The subdivision will be managed by a Homeowner Association (HOA). Disadvantages: City of Deltona Page 5 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 a. As planned, the project will impact wetlands. According to the MDP, two lots and a future lift station tract are proposed to be located within small existing wetlands. b. Approval of the project will also bring about increased traffic volumes along the local road system, the project is anticipated to generate up to 127 average daily trips over existing zoning entitlements. 2. Do not approve the Lakeside Landing RPUD rezoning request from R1-A to RPUD. Advantages: a. The area will remain unchanged until possibly developed under existing zoning entitlements. b. There will be less traffic in the area. c. Wetland areas will remain in a natural state. Disadvantages: a. There will be no infill, compact development and a less efficient use of land and infrastructure. b. Under the existing zoning classification of the site (R1-A - Single-Family maximum density of four dwelling units per acre) no development agreement is required between the City and the property owner/developer. The PUD development agreement contains the obligations of the owner/developer and the City, and lays out the various conditions and standards that will control the development of the property (i.e. amenities, parking, Homeowner Association, environmental protection requirements, etc.). Attachments: Staff Report w. attachments Ordinance 07-2022 DA 5-4-2022 (clean) DA 5-4-2022 (redline) Legal Ad - Ord. 07-2022.PDF e-mail spot, conditional zoning City of Deltona Page 6 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 B. Public Hearing - Ordinance No. 11-2022, Business Planned Unit Development (BPUD) Pell Excavation, determination to remand the request to the Planning and Zoning Board or set a time certain date to hear the request at first read - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Identify distinctive villages and economic development districts. Background: The Business Planned Unit Development (BPUD) zoning request is to facilitate an excavation use. Excavation uses are extractive and are typically situated in remote areas outside of urban landscapes associated with municipal limits. While located within the City of Deltona, the 197 acre site proposed for the excavation use is located in a rural area of the City. The property is also included within the Osteen Joint Planning Area (JPA). The JPA is a joint planning effort between the City and the County to appropriately manage growth and development within the Osteen area. According to the City of Deltona Osteen local plan appended to the City Comprehensive Plan Future Land Use Section, most land development activities are to be processed as a Planned Unit Development. The goal of requiring a PUD zoning is to ensure land development and zoning entitlements are consistent with City planning provisions including policies of the Osteen local plan. Therefore, the excavation request was processed as a BPUD. The Pell excavation use will involve the creation of two pits located within the northeastern section of the property. The pits will yield about 413,000 cubic yards of fill and result in the creation of open water features totaling approximately 11.5 acres on the Pell property. The Pell excavation use will be managed as part of an excavation use occurring on a neighboring property located in unincorporated Volusia County known as the McCaskil property. The majority of the fill - about 857,800 cubic yards - will be generated by excavation activity on the McCaskil property. The County late last year approved the excavation use on the McCaskil property but approval was contingent on the City approving the BPUD on the abutting Pell property. All of the fill from both properties will be transported through the Pell property to a driveway cut with a temporary median cut on SR 415. There is anticipation the use will generate about 400 heavy truck trips per day. The majority of those trips will go north on SR 415 with some of the trips being dispersed throughout the City supplying fill needs for various construction projects like commercial developments and even individual single family dwelling unit projects. Hours of operation will be limited to 6:00 am to 5:00 pm on Monday through Friday. In addition, the excavation use will have a five (5) year lifespan and the site will be reclaimed after the operation has ceased. For more information see the attached staff report, written BPUD City of Deltona Page 7 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Development Agreement and supporting information. The Planning and Zoning Board heard this request on April 20, 2022. The Board recommended unanimously to recommend the City Commission approve Ordinance No. 11-2022 predicated on the following: 1) Suitable areas of the site could be considered for a hurricane debris storage area; 2) The property after reclamation could be eligible for a public park use: 3) A large and significant wetland system known locally as the Savanna would be encumbered by the conservation easement for perpetual resource protection; and 4) A statement indicating housing options on the property will be very limited (one house) and any future request for housing would need to be processed as an amendment to the BPUD. At the April 20, 2022 P/Z Board meeting the applicant indicated that encumbering the Savanna wetland area with a conservation easement would be appropriate but would have to work with the underlying landowner to address the details of the easement. Subsequent conversations between the applicant and the landowner have generated concerns about the conservation easement regarding existing and future use of the Savanna area including the current native, free range cattle grazing. (A generally low impact type of agricultural land use.) In short, there has not been concurrence regarding the easement. While the significance of the Savanna wetland system has been acknowledged by staff and the applicant, the idea of conservation easement over the Savanna was not an initial recommendation of staff. A level of protection of the Savanna was determined to be achieved under the BPUD by directing excavation uses away from the wetland system and entitling the property for limited and very low intensity uses. In addition, there is reliance on the extensive regulatory system under the St. Johns River Water Management District to further protect the Savanna. However, staff does suggest the conservation easement would constitute a very high level of protection for a significant resource and would be appropriate for the Savanna area. Affording a high level of protection to the Savanna wetland system through the establishment of a conservation easement was a very material factor behind the P/Z Board unanimous decision in recommending approval of this request. The current lack of a commitment to the conservation easement creates a condition where the City Commission is not presented with a Planning and Zoning Board recommendation fully formulated in light of options/alternatives for the protection of the Savanna. With regard to the latest dynamic regarding the status of the conservation easement and the City of Deltona Page 8 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 recommendation of the Planning and Zoning Board, there are three logical options: 1) remand the rezoning request to Planning and Zoning Board for further review and a new recommendation, 2) hear the request at the time certain future date of June 6, 2022, or 3) approve the BPUD rezoning request at first reading. Staff is recommending the Pell BPUD rezoning request not be heard by the City Commission at this time but be remanded back to the Planning and Zoning Board for review and recommendation. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Remand Ordinance No. 11-2022 to the Planning and Zoning Board for a comprehensive recommendation. Advantages: a) The excavation use can be thoroughly reviewed/vetted through the City zoning process; b) A Planning and Zoning Board recommendation will be comprehensive in light of all applicable data, circumstances, and any new information; and c) The Planning and Zoning Board will remain an integral part of the land use/zoning decision making process regarding Ordinance No. 11-2022. Disadvantages: a) The project will be delayed; and b) There will not be a comprehensive review and recommendation from the City local planning agency - Planning and Zoning Board. 2. Continue the hearing for Ordinance No. 11-2022 to a time certain date of June 6, 2022. Advantages: a) There will be less project delay. Disadvantages: a) The request will not be thoroughly reviewed/vetted through the City zoning process; b) A Planning and Zoning Board recommendation would not be comprehensive in light of all applicable data and circumstances; and City of Deltona Page 9 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 c) The Planning and Zoning Board will not be an integral part of the land use/zoning decision making process regarding Ordinance No. 11-2022. 3. Hear the rezoning request and make a determination on Ordinance No. 11-2022 at first reading. Advantages: a) The project will not be delayed. Disadvantages: a) The request will not be thoroughly reviewed/vetted through the City zoning process; b) A Planning and Zoning Board recommendation would not be comprehensive in light of all applicable data and circumstances; and c) The Planning and Zoning Board will not be an integral part of the land use/zoning decision making process regarding Ordinance No. 11-2022. Attachments: Legal Ad - Ord. 11-2022.PDF Pell McCaskill Staff Report Excavation Staff Report Map Series BPUD Pell Excavation DevAgremay6 Exhibit B-Legal Description MDP 7. OLD BUSINESS: A. Request approval of an Interlocal Agreement Between the City of Deland, City of Deltona, City of Orange City, and County of Volusia as Water Suppliers to Conduct a Capital Improvement Plan Coordination Study at a cost of $120,000. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: The members of the West Volusia Water Suppliers (WVWS) previously engaged in an interlocal agreement to study, and ultimately construct a rapid aquifer recharge project at an abandoned borrow pit adjacent to Blue Springs. This project was undertaken in an effort to address items in the Blue Springs Basin Management Action Plan, and assist each member in obtaining Consumptive Use Permits (CUP) in order to meet future water supply demands. City of Deltona Page 10 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 During the course of the Borrow Pit Study, it was determined that adequate flows would not be obtained through this project to meet the needs of the majority of the members, therefore that project has been abandoned, and unexpended funds retained by each member. As the underlying needs have not been satisfied, it has been determined by the representatives of the 4 agencies to attempt to identify alternative projects to work cooperatively on to meet the requirements of the regulatory agencies, Florida Department of Environmental Protections (FDEP) and St Johns River Water Management District (SJRWMD). The City of DeLand has received a proposal from Mead & Hunt to investigate potential projects to address these requirements, and the representatives have agreed to continue with the existing cost share agreement which is based upon the relative water production needed, i.e. Deltona, 40%, DeLand, 30%, Volusia County, 20%, and Orange City, 10%. The agreement has been reviewed by each agency’s legal department, and is being forwarded to their respective governing board for review and approval. Additionally, the $300,000 ($120,000 paid by Deltona) scope of services will include review, evaluation and comment on the new Central Springs/East Coast Groundwater Model. This model, produced by SJRWMD is intended to replace the groundwater model upon which the group’s current CUP’s are based. Without significant understanding of how the new model will compare to the existing model, the members could potentially see severe impacts to our ability to provide water to support future growth. OPTIONS: 1. Approve - Proceed with the agreement and study. 2. Deny - Proceed on our own. Attachments: 34L7540-WVWS Interlocal for Mead & Hunt Study Borrow Pit 102120 Inv and contract Borrow Pit 102621 Inv. 8. NEW BUSINESS: A. Approval to purchase new flooring from Mowhawk utilizing the OMNIA Partners Contract #R171702 Strategic Goal: Economic Development - Promote customer service environment Background: City Hall is in urgent need of new flooring. The current flooring is about City of Deltona Page 11 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 20 years old. Staff received proposals from Mowhawk utilizing the OMNIA Partners Contract #R171702 which is a Cooperative Purchasing Group offering cost savings to government entities nationwide. The total cost for new flooring throughout City Hall to include the Commission Chambers is $239,366.34. This includes all materials and labor to remove current flooring and installation of the new flooring. There is $162,000 budgeted for flooring in 190 524603 and an additional $100,000 for painting the interior and exterior. Staff is in the process of painting the interior and will need to do the exterior next fiscal year, if approved, in order to cover the increase in the cost of the flooring. OPTIONS: 1. Replace flooring now 2. Delay replacing the flooring Attachments: Mowhawk Proposal Master_Agreement_Mohawk_Carpet_Distribution Executive_Summary_Mohawk Mowhawk Response to bid OMNIA contract breakdown of savings B. Request for approval of the City of Deltona Community Development Block Grant (CDBG) Program Year 2021-2022 Reallocation of Funding for improvements to Campbell Park - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: The recreation City for all. Background: 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 receive CDBG funding. For funding cycle 2021-2022 the City was eligible for approximately $600,000. Funds in the current CDBG Annual Action Plan are allocated for a stormwater improvement projects. Upon review of the stormwater projects, staff has determined the stormwater projects will most likely not be completed prior to the end of the 2021-2022 FY as required by CDBG. CDBG through years has financed various park projects within HUD identified Areas of Greatest Need (AGN) and such expenditures are consistent with HUD rules. Staff has identified several viable park projects that have the potential to be completed prior to the end of the 2021-2022 FY (October 1, 2022). The proposed projects involve upgrades to Campbell Park and are as follows is: City of Deltona Page 12 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Campbell Park - Walking Trail - $178,757.14; Enhance the current walking trail with Pour in Place (PIP) material that will provide all-inclusive access throughout the entire trail. Options: 1) Replace the walking trail surface. Advantages: a. The trail will be more accessible; b. The cost of construction is trending upwards. City can perform the project at current construction costs; c. The trail will require less maintenance; d. The trail will be safer; and e. The City will adhere to the ‘timeliness’ requirements of HUD. Disadvantages: a. The City may encounter ‘timeliness’ issues with HUD resulting in the withholding of future CDBG grant funds; and b. The trail would continue to be less accessible and less safe. 2) Delay replacing the walking trail for a year. Advantages: a. The City can use the money for possibly for other projects; and b. The cost of materials, equipment, shipping, etc. may fall depending on national and local economic conditions. Disadvantages: a. Costs will continue to increase at a significant rate which will lead to additional expenditures to replace the trail in the future; b. The trail would be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. 3) Leave the walking trail at the current condition. Advantages: a. The City may be able to use the money for other projects. Disadvantages: a. There is no guarantee that funding will be available in the future; b. The trail would continue to be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. Campbell Park - Replacement of Pavilion #3 - $80,547.21 Pavilion #3 is a wood framed pavilion that is approximately twenty City of Deltona Page 13 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 years old. The pavilion is at the end of its useful life. Staff would like to replace the existing pavilion with a steel framed metal roof design with an expected life span of 35 to 40 years. Options: 1) Replace twenty-year old wood framed pavilion with new steel framed metal pavilion. Advantages: a. The replacement will ensure safe and continued future accessibility for all residents; b. The cost of construction is trending upwards. City can perform the project at current construction costs; c. The pavilion will require less maintenance; and d. The City will adhere to the ‘timeliness’ requirements of HUD. Disadvantages: a. The City may encounter ‘timeliness’ issues with HUD resulting in the withholding of future CDBG grant funds; and b. The structure would continue to be less accessible and less safe. 2) Delay replacing the wood framed pavilion for one year. Advantages: a. The City can use the money for possibly for other projects; and b. The cost of materials, equipment, shipping, etc. may fall depending on national and local economic conditions. Disadvantages: a. Costs will continue to increase at a significant rate which will lead to additional expenditures to replace the trail in the future; b. The pavilion would be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. 3) Continue to use the current Pavilion and seek replacement at a future time. Advantages: a. The City may be able to use the money for other projects. Disadvantages: a. There is no guarantee that funding will be available in the future; b. The pavilion would continue to be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. City of Deltona Page 14 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Campbell Park - Ambient Lighting to Walking Trail and Boardwalk - $143,852.08 The ambient lighting will provide a heighten level of nighttime security and safety to both the walking trail and the boardwalk. In addition, the lighting will enhance the overall appearance of the trail and the boardwalk. Options: 1.) Undertake the lighting project. Advantages: a. Project will provide a heighten level of nighttime security to both the walking trail and the boardwalk; b. The cost of construction is trending upwards. City can perform the project at current construction costs; c. Hours of use can be expanded; d. The linear facility would be more aesthetically pleasing; e. The trail/boardwalk will be more safe; and f. The City will adhere to the ‘timeliness’ requirements of HUD. Disadvantages: a. The City may encounter ‘timeliness’ issues with HUD resulting in the withholding of future CDBG grant funds; and b. The facility would continue to be less accessible and less safe. 2.) Delay installing the lighting along the Trail and the Boardwalk for one year. Advantages: a. The City can use the money for possibly for other projects; and b. The cost of materials, equipment, shipping, etc. may fall depending on national and local economic conditions. Disadvantages: a. Costs will continue to increase at a significant rate which will lead to additional expenditures to install the lighting in the future; b. The trail/boardwalk would be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. 3.) Choose not to update the lighting along the Trail and the Boardwalk Advantages: a. The City may be able to use the money for other projects. Disadvantages: City of Deltona Page 15 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 a. There is no guarantee that funding will be available in the future; b. Lack of lighting will make the trail/boardwalk less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. Campbell Park - Resurface the paved area associated with Pavilion #4 and create a stepdown ramp to general grade - $70,000.00. The paved surface associated with Pavilion #4 is unsafe. The transition creates a tripping hazard and does not constitute appropriate passage between the grade of the pavilion floor and an adjacent recreational amenity. 1) Resurface the paved area and create a stepdown ramp. Advantages: a. The improvement will ensure safe and continued future accessibility for all residents; b. The cost of construction is trending upwards. City can perform the project at current construction costs; and c. The City will adhere to the ‘timeliness’ requirements of HUD. Disadvantages: a. The City may encounter ‘timeliness’ issues with HUD resulting in the withholding of future CDBG grant funds; and b. The transition would continue to be less accessible and less safe. 2) Delay upgrading the paved area and creating a stepdown ramp for one year. Advantages: a. The City can use the money for possibly for other projects; and b. The cost of materials, equipment, shipping, etc. may fall depending on national and local economic conditions. Disadvantages: a. Costs will continue to increase at a significant rate which will lead to additional expenditures to perform the improvements in the future; b. The paved area would be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. 3) Continue to use the paved area in the current state and seek replacement at a future time. Advantages: City of Deltona Page 16 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 a. The City may be able to use the money for other projects. Disadvantages: a. There is no guarantee that funding will be available in the future; b. The paved area would continue to be less accessible and less safe; and c. The City could encounter HUD ‘timeliness’ challenges. To ensure compliance with CDBG expenditure guidelines and in an effort to reallocate these funds in a manner consistent with HUD rules and regulations, City staff is suggesting the money be reallocated to the above referenced park project. Staff would like to move forward with these projects as it: · Results in the expenditure of funds that comport with CDBG timeliness regulations; · Provides an opportunity to allocate future year funding to drainage and public works projects; and · Ensures that an immediate need is addressed. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Campbell Park - Walking Trail (PIP) Campbell Park - Pavillion #3 Campbell Park - Lighting.pdf 2022-048 CDBG Transfer.pdf C. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for an Owner Occupied Repair project located at 2768 Brierdale Dr. - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Community redevelopment. 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 can be expected, the escalating costs of construction, including labor and materials have increased the price of performing Owner Occupied Rehabilitation projects. The property needs extensive repair to the roof, electrical and plumbing. For more information see attached the rehabilitation proposal from Parthy Construction. City of Deltona Page 17 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 The original estimate for the work was $19,850.00. The estimate did not exceed the $25,000 spending limit and did not require the project to be advanced to the Commission for review and approval. However, Parthy submitted a change order to provide labor and materials to replace the existing HVAC system. The old HVAC system has failed. The change order is for $8,500.00, bringing the total for this project to $28,350.00. The change order is attached. Change orders are common with construction jobs. However, all change orders are carefully reviewed and justified by City staff. In conclusion the change order was needed to ensure the comfortable habitation of the dwelling. Staff has determined based on household size (number of people residing in the house) which consists of two elderly residents the household qualifies as “very low” income. The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). Finally, the State money invested in these properties will be subject to a non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The first benefit is to help needy households attain or maintain homeownership. Homeownership is a prime method for households to build wealth. Typically, the most valuable household asset is a dwelling unit. Housing programs, especially Owner Occupied Rehabilitation, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the 2768 Brierdale Dr. rehabilitation project Advantages 1) Will help an elderly couple age in place; 2) Maintains decent housing for the residents; 3) Protects the immediate neighborhood from blight; and 4) Improves the City tax base. Disadvantages 1) None. City of Deltona Page 18 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Do not approve the 2768 Brierdale Dr. rehabilitation project Advantages 1) None. Disadvantages 1) Deterioration of the dwelling may result in premature displacement of an elderly couple; 2) Could result in neighborhood blight; and 3) The City tax base could be reduced. Attachments: 2768 Brierdale Dr. D. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for an Owner Occupied Repair project located at 3012 India Blvd. - Ron A. Paradise, Director Community 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 can be expected, the escalating costs of construction, including labor and materials have increased the price of performing Owner Occupied Rehabilitation projects. The property needs substantial repair to the roof, and electrical work. The original estimate for the job is $22,300.00. The estimate did not exceed the $25,000 spending limit and did not require the project to be advanced to the Commission for review and approval. However, Parthy Construction submitted a change order to replace the HVAC and clean and sanitize existing air ducts, as well as replacing an exterior hose pipe. The change order is for $8,750.00, bringing the total for this project to $31,050.00. The change order is attached. Change orders are common with construction jobs. However, all change orders are carefully reviewed and justified by City staff. In conclusion the change order is needed to make the dwelling comfortably habitable. Staff has determined based on the household size (number of people residing in the house) which consists of one elderly resident the household qualifies as “very low” income. The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). Finally, the State money invested in these properties will be subject to a City of Deltona Page 19 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The first benefit is to help needy households attain or maintain homeownership. Homeownership is a prime method for households to build wealth. Typically, the most valuable household asset is a dwelling unit. Housing programs, especially Owner Occupied Rehabilitation, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the 3012 India Blvd. rehabilitation project Advantages 1) Will help an elderly person age in place; 2) Maintains decent housing for the residents; 3) Protects the immediate neighborhood from blight; and 4) Improves the City tax base. Disadvantages 1) None. Do not approve the 3012 India Blvd. rehabilitation project Advantages 1) None. Disadvantages 1) Continued deterioration of the dwelling may result in premature displacement of an elderly person; 2) Could result in neighborhood blight; and 3) The City tax base could be reduced. Attachments: 3012 India Blvd. _Corrected E. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for an Owner Occupied Repair project located at 1069 Whitewood Dr. - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Community redevelopment. Background: The City is an entitlement community and receives funds from the State City of Deltona Page 20 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 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 can be expected, the escalating costs of construction, including labor and materials have increased the price of performing Owner Occupied Rehabilitation projects. The property at 1069 Whitewood Dr. needs extensive repair to the roof, electrical, and plumbing. Further inspection work is needed to address a previously removed wall. For more information, see attached the rehabilitation proposal from UDH Contractors. The original estimate for the work was $21,870.00. The initial estimate did not exceed the $25,000 spending limit and did not require Commission review and approval. However, UDH Contractors submitted a change order needed to complete the job in a safe and code compliant manner. The change order includes an interior bedroom door replacement and a new hot water heater. The change order also includes the demolition of a substandard, unsafe rear wood deck and shed. The change order is for $9,140.00, bringing the total for this project to $31,010.00. The change order is attached. Change orders are common with construction jobs. However, all change orders are carefully reviewed and justified by City staff. In conclusion the change order is needed to fully complete the project. Staff has determined based on income and the household size (number of people residing in the house) which consists of one elderly resident the household qualifies as “very low” income. The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). Finally, the State money invested in these properties will be subject to a non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The first benefit is to help needy households attain or maintain homeownership. Homeownership is a prime method for households to build wealth. Typically, the most valuable household asset is a dwelling unit. Housing programs, especially Owner Occupied Rehabilitation, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. City of Deltona Page 21 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the 1069 Whitewood Dr. rehabilitation project Advantages 1) Will help an elderly person age in place; 2) Maintains decent housing for households; 3) Protects the immediate neighborhood from blight; and 4) Improves the City tax base. Disadvantages 1) None. Do not approve the 1069 Whitewood Dr. rehabilitation project Advantages 1) None Disadvantages 1) Deterioration of the dwelling may result in premature displacement of an elderly person; 2) Could result in neighborhood blight; and 3) The City tax base could be reduced. Attachments: 1069 Whitewood Dr. F. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for an Owner Occupied Repair project located at 2751 E. Canal Rd. - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Community redevelopment. 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 can be expected, the escalating costs of construction, including labor and materials have increased the price of performing Owner Occupied Rehabilitation projects. The property at 2751 E. Canal Rd. needs extensive repair to the roof and electrical system. For more information see attached the rehabilitation proposal from UDH Contractors. The original estimate for the work was $24,870.00. The estimate did not exceed the $25,000 spending limit, which requires the project to be advanced to the Commission for review and approval. UDH City of Deltona Page 22 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Contractors submitted a change order for a new HVAC system and replacing soffits. The change order is for $12,100.00, bringing the total for this project to $36,970.00. The change order is attached. Change orders are common with construction jobs, there can be change orders resulting in greater costs. However, all change orders are carefully reviewed and justified by City staff. In conclusion the change order is needed to fully complete the project and ensure the dwelling is comfortably habitable. Staff has determined based on income and the household size (number of people residing in the house) which consists of two elderly residents the household qualifies as “very low” income. The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). Finally, the State money invested in these properties will be subject to a non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The first benefit is to help needy households attain or maintain homeownership. Homeownership is a prime method for households to build wealth. Typically, the most valuable household asset is a dwelling unit. Housing programs, especially Owner Occupied Rehabilitation, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the 2751 E. Canal Rd. rehabilitation project Advantages 1) Will help an elderly couple age in place; 2) Maintains decent housing for the residents; 3) Protects the immediate neighborhood from blight; and 4) Improves the City tax base. Disadvantages 1) None. Do not approve the 2751 E. Canal Rd. rehabilitation project Advantages 1) None. City of Deltona Page 23 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 Disadvantages 1) Deterioration of the dwelling may result in premature displacement of an elderly couple; 2) Could result in neighborhood blight; and 3) The City tax base could be reduced. Attachments: 2751 E. Canal Rd. G. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for an Owner Occupied Repair project located at 3019 Blaine Cir. - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Community redevelopment. 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 can be expected, the escalating costs of construction, including labor and materials have increased the price of performing Owner Occupied Rehabilitation projects. The property at 3019 Blaine Circle needs extensive repair to the roof and a new septic/drain field. For more information see the attached rehabilitation proposal from Parthy Construction. The original estimate for the work is $20,500.00. The original estimate did not exceed the $25,000 spending limit, and did not require Commission review and approval. However, Parthy Construction submitted a change order needed to complete the job in a safe and code compliant manner. The change order includes electrical work and a front door replacement. The change order is for $9,000.00, bringing the total for this project to $29,500.00. The change order is attached. Change orders are common with construction jobs However, all change orders are carefully reviewed and justified by City staff. In conclusion, the change order is needed to fully complete the project. Staff has determined based on income and household size (number of people residing in the house) which consists of seven (7) residents (two adults and five biological children) qualifies as “low” income. The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). Finally, the State money invested in these properties will be subject to a City of Deltona Page 24 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The first benefit is to help needy households attain or maintain homeownership. Homeownership is a prime method for households to build wealth. Typically, the most valuable household asset is a dwelling unit. Housing programs, especially Owner Occupied Rehabilitation, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the 3019 Blaine Cir. rehabilitation project Advantages 1) Will help a family remain in place; 2) Maintains decent housing for the residents; 3) Protects the immediate neighborhood from blight; and 4) Improves the City tax base. Disadvantages 1) None. Do not approve the 3019 Blaine Cir. rehabilitation project Advantages 1) None. Disadvantages 1) Deterioration of the dwelling may result in premature displacement of a family; 2) Could result in neighborhood blight; and 3) The City tax base could be reduced. Attachments: 3019 Blaine Circle 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. City of Deltona Page 25 Printed on 5/12/2022 City Commission Regular Commission Meeting May 16, 2022 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. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: A. Opioid Settlement - Exhibit D-Subdivision Settlement Participation. 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 26 Printed on 5/12/2022