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, August 1, 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 King. 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 July 18, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: July 18, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Quarterly Report of Unaudited Financial Statements - Mari Leisen, Finance Director (386) 878-8553. Background: Quarterly Report of the Unaudited Financial Statements for the City of Deltona for the nine months ended June 30, 2022 for internal management purposes only. City of Deltona Page 1 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 Attachments: June 30, 2022 Statement of Revenues and Expenditures - General Fund June 30, 2022 Statement of Revenues and Expenditures - Deltona Water June 30, 2022 Stmnt of Rev & Exp - Stormwater, Solid Waste, Transportation an 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2022-23, Establishing the Annual Rate Resolution - Stormwater Services for FY2022/2023 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Stormwater Utility System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-158 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of an Annual Rate Resolution. Attached is the Annual Rate Resolution for stormwater utility assessments for FY 2022/2023. Staff is proposing an annual rate of $128.00 per ERU (Equivalent Residential Unit), which is unchanged from the current annual rate of $128.00 per ERU. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. OPTIONS: 1. Approve the annual rate of $128.00 per ERU 2. Increase the annual stormwater rate Attachments: 2022-23 Reso - Annual Rate - Stormwater -Aug 2022 B. Public Hearing - Resolution No. 2022-24, Establishing the Annual Rate of Assessment for Solid Waste Services for FY 2022/2023 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Solid Waste Collection System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-56 of the Code of Ordinances requires that the City City of Deltona Page 2 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. The annual solid waste assessment rate for FY 2022/2023 is proposed at $202.80 per Equivalent Residential Unit (ERU), which is unchanged from the rate for the current fiscal year. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. OPTIONS: 1. Approve preliminary rate of $202.80 2. Increase the Solid Waste rate Attachments: 2022-24 Reso - Annual Solid Waste - Aug 2022 C. Public Hearing - Resolution No. 2022-25, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2022/2023 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Streetlighting Services System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-253 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary and Annual Rate Resolutions, which was adopted on June 20, 2022. Attached is the Annual Rate Resolution for street lighting assessments. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval. OPTIONS: 1. Approve the annual rate 2. Increase the annual rate Attachments: 2022-25 Reso - Annual Rate - Streetlighting - Aug 2022 D. Public Hearing - Resolution No. 2022-26, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2022/2023 - City of Deltona Page 3 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Lake McGarity Special Assessment District was established to provide aquatic weed control services for the Lake. The cost of those services is apportioned to properties that will benefit from those services and will be levied to the property owners. Section 54-16 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. Attached is the Preliminary Rate Resolution for Aquatic Weed Control Services assessments for the Lake McGarity Special Assessment District for FY 2022/2023.Staff is proposing an annual rate of $30.00 per assessed parcel, which is reduced from the rate of $134.15 for the current fiscal year. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. OPTIONS: 1. Approve the proposed annual rate to $30.00 per assessed parcel, which is a reduction of the current rate of $134.15. 2. Maintain the current assessed annual rate of $134.15. Attachments: 2022-26 Reso - Annual Rate - Lake Clean Up - Aug 2022 E. Public Hearing - Resolution No. 2022-27, Establishing the Special Assessment Resolution - Nuisance Abatement Services for FY 2022/2023 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Background: The Nuisance Abatement Assessment was established in 2018 for the collection of unpaid costs and expenses incurred by the City for nuisance and lot clean-up. Section 54 of the Code of Ordinances requires that the City Commission adopt an Annual Special Assessment Resolution during its budget adoption process for each fiscal year. The initial City of Deltona Page 4 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 proceedings for the adoption of a Special Assessment for Nuisance Abatements requires the adoption of Resolution for a Preliminary Special Assessment for Nuisance Abatements. Attached is the Resolution for the Annual Special Assessment for Nuisance Abatement Services for FY 2022/2023. The total outstanding and unpaid assessments for the provision of Nuisance Abatement Services for FY 2022/2023 is $11,127.30. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2022-27 Reso - Annual Rate - Nuisance Abatement-Aug 2022 F. Public Hearing - Request for continuance to a time certain date of September 6, 2022 for Ordinance No. 13-2022, Fernanda Place RPUD Major Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda Place RPUD - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Background: The applicant has requested/agreed to a continuance to a time certain date of September 6, 2022 for the request to amend the Fernanda Place RPUD adding a new phase - Phase 3. The request involves changing the zoning on a ±43.55-acre parcel from the Agriculture Classification (A) to Residential Planned Unit Development (RPUD). The reason for the continuance request is to obtain more information and to redesign the project. The following information is being generated and analyzed which will effectuate changes in design for all three phases of Fernanda Place: 1) A survey of trees will be completed to facilitate a high level of protection for tree resources. 2) Applicant has initiated the abstracting regarding the ownership of the Osteen Cemetery property. 3) Applicant design team will be working on a redesign of the project to maximize resource protection. 4) The relocation of a planned pool amenity to Phase 3 will be explored. 5) Options for off-street parking within existing Phases 1 and 2 are being considered. 6) Roadway cross sections accommodating drainage, on-street parking, etc. will be further defined. 7) Design of the dog park including tree protection is being City of Deltona Page 5 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 studied. An e-mail correspondence from the applicant is attached agreeing the continuance. The Future Land Use designation of proposed Phase 3 of Fernanda Place is Low Density Residential (LDR) (0-6 dwelling units per acre). The Residential Planned Unit Development amendment proposes a maximum net density of 3.49 dwelling units per acre, which is consistent with the Future Land Use Element of the Comprehensive Plan. The applicant is proposing 152 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 and other physical features such as 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. The project net density of 3.49 dwelling units per acre is consistent with the Future Land Use Map. In comparison to the existing Agriculture (A) zoning, Phase 3 is currently entitled to have up to a gross density of one (1) dwelling unit per acre (43 units). After calculations accounting for the minimum one (1) acre lot size, and factoring necessary infrastructure (stormwater, roads, utilities, and landscape buffers), staff determined the site could possibly accommodate approximately 28 single-family lots. The RPUD proposal provides for approximately 124 more single-family lots than what would be allowed under the Agricultural zoning classification. However, the applicant proposing an urban type of residential project that will be fully serviced by central water, sewer and reclaim connections from the existing Fernanda Place Subdivision. The 152-unit Phase 3 will be connected and integrated into existing Phases 1 and 2 by a roadway connection, shared amenities and a similar housing type (detached dwellings on individual lots). In addition, the applicant has indicated the Homeowners Association (HOA) will be updated to ensure all three phases of Fernanda Place are managed in a comprehensive and unified manner. All traffic from proposed Phase 3 will use existing Fernanda Dr. to access Howland Blvd. In light of the 1,535 trips forecasted to be generated by the new phase, safe Howland Blvd. access at the intersection of Fernanda Dr. and Howland Blvd. is important. Therefore, the intersection of Fernanda Dr. and Howland Blvd. will need to be signalized. To facilitate signalization, a roadway connection from Pride Elementary school will need to be constructed. The new roadway will extend from between Learning Lane and Fernanda Dr. along the southern margin of Fernanda Phase 1. There are several outstanding matters associated with existing Phases 1 and 2 of Fernanda Place that staff has suggested be addressed as part of this amendment to the Fernanda Place project. Those matters City of Deltona Page 6 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 are summarized as follows: 1) Amenity location and improvement; 2) Parking within existing Phases 1 and 2; 3) Reclamation of an excavated area located within the northern section of Phase 2; and 4) Heavy truck hauling through the existing neighborhood to cut, fill and grade new Phase 3. Staff suggests information will need to be generated by the applicant and changes to the updated Development Agreement (DA) for the RPUD amendment need to occur with the goal of improving the design, function and internal compatibility of the project. Therefore, the following is applicable: 1) Phase 3 of the project will have active amenities including a tot lot playground to be located on Tract P-3, as depicted on the MDP. The project will also provide a pedestrian connection within Park Tract P-2 to the dog park (Tract P-1) to be located at the northeastern portion of the property. The applicant also proposes to expand the existing pool amenity situated within Phase 1 to accommodate for and serve the additional 152 single-family lots of Phase 3. The pool expansion will include the construction of a new pool and more parking. The new pool will be appropriately designed and constructed to support the increase of usage associated with new Phase 3. Finally, Staff suggests a trail should be incorporated around the perimeter of the stormwater area to better connect pedestrian mobility to other amenities (dog park) and sidewalk network. 2) The applicant has proposed retrofitting Fernanda Phase 1 and Phase 2 with 17 additional overflow parking spaces situated within Tract J of Fernanda Phase 2. The applicant has determined there will be parking afforded as part of the amenity center expansion. Amenity center parking will provide a remote parking option during amenity center off hours. The total new parking spaces for Phases 1 and 2 will be 23. In addition, the applicant is going to construct a roadway connecting Fernanda Dr. to Pride Elementary school. The road will be a two-lane facility accommodated within a 60-foot wide right-of-way envelope. This roadway segment will be designed to accommodate on street parking along one side of the roadway. The City will not be responsible for maintaining parking areas. 3) To address parking within existing Phases 1 and 2 of Fernanda Place, the applicant has suggested allowing on street parking within the existing phases along with the 17 spaces proposed within Tract J of Phase 2. Staff is not opposed to the concept of City of Deltona Page 7 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 on street parking especially if associated with an enforceable and uniform, designated area for parking (just one side of the road, for example). However, the limitation is the roadway network within Phases 1 and 2 is associated with an existing 24 -foot, two-way travel lane contained within a 50-foot right of way. Without expanding the paved travel lane envelop to accommodate on street parallel parking, on street parking design within Phases 1 and 2 is dysfunctional. For example, the standard width of a parking place is nine feet. If a portion of the existing 24-foot travel lane area was repurposed for on street parking there would not be enough travel lane width to accommodate two-way traffic. In addition, there would not be enough room to allow the staging and use of certain emergency vehicle types. The applicant is proposing an on-street parking design for Phase 3 along with remote parking. The on-street parking within Phase 3 will be limited to one side of the street and may only be available within certain segments of the local roadway network within Phase 3. The Phase 3 on-street parking cross-section design will include two 12-foot travel lanes (24 feet) and a 9-foot parallel parking area on one side of the street. The 9-foot parallel parking area can include the gutter stormwater conveyance area located on the travel lane side of the curb. The City will not be responsible for maintaining the parking area and maintenance responsibility will rest with the HOA. 4) As part of the Fernanda Place Phase 2 Plat, there were two amenity pond tracts created. These areas were planned to also provide a level of drainage/retention function. Ponds were excavated in these areas and fill from the ponds were used on both phases 1 and 2 of Fernanda Place and some of the fill was hauled off of the property. The amenity pond areas were never completed. The existing condition of the ponds include steep slopes, abandoned fill piles, old piping, and a network of unpaved haul/excavation trails which create an attractive nuisance and are unsafe. According to City Code regarding excavation uses (Sec. 110-817(o)) there are extensive site, including pond, restoration requirements. Even stormwater pond design is carefully regulated to ensure a high level of safety and function. The amenity pond areas in the existing condition represent neither. City of Deltona Page 8 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 This unacceptable situation has been discussed with the applicant. Parenthetically, the applicant nor any home builders within Phase 1 or Phase 2 of Fernanda Place actually did any of the amenity pond work. The work was undertaken by a former owner. However, the applicant now through controlling ownership, is responsible for the abandoned amenity pond work. The applicant has agreed to address this matter. The issue of the amenity and stormwater pond area is also affiliated with the below issue of hauling of fill through the existing Phases of Fernanda Place. 5) Heavy truck hauling through an existing neighborhood can be very disruptive. The effort to mitigate the hauling impacts is appreciated through a limitation on the days and hours of operation. Another matter for consideration is, if the development of Phase 3 will require the importation of fill and the applicant cannot obtain fill from the amenity pond area where will the fill come from? The only option to bring fill to the Phase 3 site is through a network of local streets either through Fernanda Place or the neighborhood of which access to Osteen Cemetery Rd. will be gained. With regard to this matter of pond restoration, hauling and the filling associated with Phase 3, the following is recommended: A. The applicant will be required to undertake restoration/reclamation of the amenity ponds consistent with the mechanical reclamation guidelines of Sec. 110-817(o) of the City Land Development Code. B. The reclamation will include appropriate modification of slopes and the removal of fill from the haul road wetland crossing. All fill and related infrastructure shall be removed from the wetland and the impacted wetland area shall be replanted with appropriate wetland vegetation. The wetland restoration area shall be fenced to discourage off highway vehicle use. C. There shall be a detailed geo-technical report prepared by the applicant to outline the terms of the pond restoration/reclamation including the amount of fill that may be removed from the site. The geo-technical report shall only City of Deltona Page 9 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 address restoration/reclamation activities and shall not represent a method of which to facilitate the removal of fill beyond what should be removed to facilitate restoration/reclamation. City staff will request an escrow amount from the applicant for peer review services of the geo-technical report. D. Beyond what may be yielded and otherwise quantified for the restoration/reclamation of the amenity pond areas by the geo-technical report, there shall be no fill imported to or exported from Phase 3. If there are inherent limitations to the land, those limitations need to be recognized and otherwise accounted for in the land development process. a. The hours of operation - both earthwork and hauling shall be limited to 9:00 am to 2:00 pm. b. The days of operation shall be limited to Monday through Friday not including Federal holidays. c. There shall be no tracking on City streets. d. There shall be no stockpiling of material on site. e. A bond of at a minimum of 115% shall be posted to ensure hauling impacts to City streets are addressed. f. Best management practices shall be employed with regard to dust management. g. During active restoration/reclamation, the site shall be secured to prevent unauthorized use of the area. h. The lifespan of the hauling activity shall be determined by the amount of fill that may be removed from the site as per the required geo-technical report. Staff suggest the above conditions could be implemented as part of the DRC process. To facilitate reclamation and appropriate management of fill hauling, the applicant has agreed to pledge a performance bond in the amount of 115% to facilitate restoration and to protect City infrastructure from hauling. (The bond will also cover the construction of the 17 parking spaces in the amenity pond tract.) For more information see the attached staff report. On May 18, 2022 the City Planning and Zoning Board heard the rezoning amendment to the Fernanda Place RPUD. The P/Z Board voted five (5) to two (2) to recommend denial of the project. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 10 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 A summary of needed updates to the DA and other RPUD documentation are as follows: 1) Description of applicable roadway cross-sections including on-street parking design; 2) Information about the expansion of the pool and parking associated with the proposed amenity center; 3) Statement about the allocation of pedestrian trail for Phase 3 along the proposed stormwater area; 4) Parking retrofits for Phase 1 and 2 need to be discussed; 5) Updates to how parking regulations will be enforced by the HOA; 6) Clarification ensuring the HOA will cover/manage all phases of Fernanda Place in a unified manner; 7) Limitation of model homes within new Phase 3 to five (5), with conditions. 8) Addition of language about the reclamation of the amenity pond area including geo-technical or permitting information; 9) Recognition about the posting of a 115% bond for reclamation, hauling, and parking; and 10) Update all exhibits within the Ordinance as applicable. The intent is these matters be fully incorporated into the updated RPUD Development Agreement in advance of the second and final hearing for this rezoning request. OPTIONS: 1. Continue Ordinance No. 13-2022 to a time certain date of September 6, 2022. Advantages: a. More information can be generated to ensure better land use/development decision making. b. The redesign will result in a development pattern in greater harmony with mature tree resources. c. Parking can be addressed more holistically. d. Roadway cross section design can be recognized and otherwise memorialized within the RPUD DA. Disadvantages: a. The project will be delayed. City of Deltona Page 11 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 2. Do not continue Ordinance No. 13-2022 to a time certain date of September 6, 2022. Advantages: a. The project will not be delayed. Disadvantages: a. Land use decisions will be made without full information. b. The level of protection for tree resources would be lessened. c. Parking will be more difficult to address. d. Roadway cross section design will not be fully detailed within the Development Agreement. Attachments: Legal ad - Ord. 13-2022 Staff Report RZ21-0002 Ord No 13-2022 Ordinance 13-2022 Fernanda RPUD Addition Final Fernanda DA 1st Hearing Fernanda Place Phase 1-3 MDP Revised Development Agreement 2022 (Redline) applicant request agreeing to continue Phase 3.pdf 7. OLD BUSINESS: A. Public Hearing - Resolution No. 2022-30, Establishing the Proposed Millage Rate for the levy of ad valorem taxes for FY 2022/2023 - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues Background: 1. The Acting City Manager is proposing a millage rate of 7.85 mills, is unchanged from the rate levied in FY 2021/2022 and reflects an increase of 15.2% from the rolled-back rate of 6.8141 mills. Staff proposes the Commission adopt a proposed millage rate of 7.85 mills for FY 2022/2023. Attached is Resolution No. 2022-30 establishing a proposed millage rate. The adopted rate will be communicated to the Property Appraiser and used in the Notice of Proposed Property Taxes (TRIM Notices) issued to Deltona property owners in late August. If the commission votes to approve higher a millage rate at the first hearing in City of Deltona Page 12 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 September, the City is required to send a revised TRIM notice to the property appraiser and the residents in City’s expense (s. 200.065(2)(d),F.S.). Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. Options: 2. Accept the staff recommended millage rate of 7.85 mills for FY2022/2023 3. Propose a different millage rate for FY2022/2023 Attachments: Resolution No. 2022-30 GF Budget w/Pension Payment GF Budget WO/Pension Payment 8. NEW BUSINESS: A. Request approval to piggy back the Contract Agreement between the City Of Jacksonville Beach and Advanced Environmental Laboratories for Environmental Sampling and Analytical Laboratory Services for a five year term - Steven Danskine, PE, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Compliance Background: The City of Deltona currently uses Advanced Environmental Laboratories for analytical laboratory services for our Water and Wastewater Plants. The current contract has expired and a new contract needs to be put in place. This contract is to provide Deltona Water with sample analysis and required detailed reports for the Water and Wastewater systems allowing the city to maintain its environmental compliance with the operating permits issued by FDEP and the Volusia County Health Department along with Florida Administrative Codes. OPTIONS: 1. Approve the piggy back contract with Advance Environmental Laboratories. 2. Deny the piggy back agreement with Advanced Environmental Laboratories and research other options for these services. Attachments: Advanced Environmental Laboratories Inc#05-2122 - 6.21.2022 Fully Executed Agreement - h_RFP#05-2122 Signed Contract Agreement City of Deltona Page 13 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 B. Contract - bid #22041 approval to award bid to Samsula Demolition to provide demolition services as needed - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Effective governance Background: As per Code section 18-103, the City of Deltona, with proper notice, may demolish certain unfit and unsafe structures. This is to request approval of a contract with Samsula Demolition to demolish unsafe structures throughout the City of Deltona. However, there are no structures proposed for demolition at this time. Samsula Demotion was the low bid at a rate of $5.50 per Square Ft. OPTIONS: 1. Approve Contract for Samsula Demolition on First Reading 2. Deny and Rebid Contract for Demolition Attachments: Memo Award for Approval - ITB #22041 - Along with Bid Tab & Bid Documents C. To approve Resolution No. 2022-29 to include the budget amendment to fund the reimbursement of real property and tangible property taxes pursuant to the Economic Development Agreement with Amazon.com Services, LLC for $770,000- Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Services Background: On December 16, 2019, the Commission approved Resolution Number 2019-68 and the Economic Development Agreement between the City of Deltona and Amazon.com Services, LLC. Amazon invested approximately $122,000,000 in the construction and equipping of a warehouse, which resulted in new job creation. The agreement provided for ad valorem tax reimbursement for both real property and tangible property taxes to the company over a period of five years, for an amount not to exceed the sum of $3,000,000. As of December 31, 2021, Amazon has 1,495 jobs at the project site, with an average wage of new employees of $33,444. The estimate cost of benefits as a percentage of the average wage is 17%. Amazon has provided community service activities as required in the Economic Development Agreement and has paid $766,933.08 in real and tangible property taxes for the year 2021. A budget amendment has been prepared to move $770,000 from General Fund balance to reimburse Amazon in accordance with the terms of the agreement. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 14 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 OPTIONS: 1. Approve the resolution and budget amendment to reimburse Amazon for real and tangible taxes paid to the City of Deltona. 2. Do not approve the resolution and budget amendment to reimburse Amazon for real and tangible taxes paid to the City of Deltona. Attachments: 2022-29 Reso - BA 2022-062 Amazon Tax Reimbursement for Economic Dev Ag Exhibit A - Budget Amendment for Amazon Tax Reimbursement MCO2 2021 Annual Survey and Jobs Request.pdf Amazon.com Services LLC EOD Agreement D. To approve Resolution No. 2022-28 to include the budget amendments and increase the budget for legal fees in the General Fund, Stormwater, Solid Waste and Deltona Water Funds for a sum of $360,000. - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Services Background: The legal fee expenditures are trending higher than anticipated for the fiscal year 2021/2022. The budgeted funds have been exceeded in several funds and are expected to be overbudget by year end. An increase in the budgeted funds is needed to continue to engage the services of the City’s attorney. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Going forward, staff is preparing an Ordinance for the future to have all development related services by the Attorney to be on a “pass through” basis with the developer paying the cost of attorney service. In the future, staff will include an attorney cost increase needed for initiatives such as the Residential Moratorium and other special projects that may develop during the fiscal year. OPTIONS: 1. Approve the resolution and budget amendments to increase budget for the legal fees of the City attorney. 2. Do not approve the resolution and budget amendments to increase budget for the legal fees of the City attorney. Attachments: 2022-28 Reso - BA 2022- 63, 64, 65 and 66 To increase the budget for legal fees Exhibit A - BA 2022-063 To increase the budget for legal fees - General Fund Exhibit B - BA 2022-064 To increase the budget for legal fees - Stormwater Exhibit C - BA 2022-065 To increase the budget for legal fees - Solid Waste Exhibit D - BA 2022-066 To increase the budget for legal fees - Deltona Water City of Deltona Page 15 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 E. Met Life Insurance Policy of Edward N. York for Veteran’s Memorial Park. John Peters, III, (386) 878-8850. Strategic Goal: Internal/External Communication Background: In May of 2022 the City received Notice that Edward N. York left a Life Insurance Policy to Veteran’s Memorial Park. The City has received a check from Met Life made out to Veteran’s Memorial Park for this claim in the amount of $1,679.35. OPTIONS: 1. Approve claim funds to be allocated to Veteran’s Memorial Park. 2. Approve claim funds to be allocated for donations/Veteran’s Community Education Partners. Attachments: Veterans Memorial Park Donation Chk #4006031.pdf F. Request approval for an emergency Change Order for the contract with Granite Inliner for pipe repairs in the amount of $62,676.00. - Steven Danskine, PE, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Public Safety and Permit Compliance Background: The City of Deltona currently uses the lining services of Granite Inliner . During a recent inspection of the lines along Elkcam Boulevard, Kent Road, Kendall Court & Illinois Avenue the contractor observed approximately 1700-ft of vitrified clay pipe severely cracked/damaged and in need of immediate repair. The current condition of the pipe is such that impacts from high groundwater infiltration could collapse the pipes. The work will include mobilization; line cleaning; repair and lateral reconnection. OPTIONS: 1. Approve the emergency Change Order with Granite Inliner and repair damaged pipes. 2. Deny the emergency Change Order with Granite Inliner risk pipe failure and potential sewer backups and overflows. Attachments: Emergency Purchase Order Memo.pdf Granite Inliner Proposal 7.19.22.pdf City of Deltona Page 16 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 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. 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). City of Deltona Page 17 Printed on 8/2/2022 City Commission Regular Commission Meeting August 1, 2022 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 8/2/2022