City Commission
Regular MeetingDeltona, FL · September 7, 2022
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Wednesday, September 7, 2022 6:30 PM Deltona Commission Chambers
REVISED 9/6/2022
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Herzberg
Vice Mayor Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Vice Mayor Avila-Vazquez.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of August 15,
2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner Ramos, seconded by Commissioner Bradford,
to approve the minutes of the Regular Commission Meeting of August
15, 2022, as presented. The motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Hispanic Heritage Month- September 15 - October 15, 2022
B. Proclamation in honor of 911 - honoring those we lost and everyone who
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was affected by the tragic event.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-32, adopting the Tentative Millage
Rate for the levy of ad valorem taxes for Fiscal Year 2022/2023 - Mari
Leisen, Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Mayor Herzberg stated this is a public hearing to hear and consider comments and
questions regarding the City’s tentative millage rate and proposed annual budget for the
coming fiscal year 2022/2023. The City of Deltona hereby proposes a tentative millage rate
of 7.65. The tentative millage rate reflects a 12.27% increase from the rolled-back rate, it is
not 6.8141, it is the adjusted rollback of 7.2318 mills in order to cover increased operating
costs.
Mayor Herzberg stated the floor is now open to hear public comments and to take any
questions from the public.
Edwin Lasanta, 459 Haversham Road, Deltona, spoke about being in favor of budget
proposal.
Adam Vazquez, 707 Cloverleaf Blvd., Deltona, spoke about proposed taxes.
David Job, 643 Copper Beech Blvd., Deltona, spoke about taxes.
Kathryn Ericsson, 638 Copper Beech Blvd., Deltona, spoke about swales, and tax bill.
Haydee Irizarry, 604 Red Mulberry Drive, Deltona, spoke about taxes and HOA
(Homeowners Association) fees.
Mayor Herzberg closed the public hearing.
The Commission, Acting City Manager, City Attorney, and staff discussed the fire
rescue/impact fees, attorney fees, outsourced attorneys, development fees, moratorium,
professional services, and additional revenue.
Mayor called a recess at 7:03 p.m. and reconvened at 7:08 p.m.
The Commission and staff discussed budget revisions and hearings, budgeted items, and
legal expenses.
Motion by Commissioner McCool, seconded by Commissioner Ramos,
to approve Resolution No. 2022-32 adopting a tentative millage rate of
7.6500 for the levy of ad valorem taxes for Fiscal Year 2022/2023. Upon
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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.
City Attorney Segal George read the title of Resolution No. 2022-32 for the record.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA,
ADOPTING A TENTATIVE MILLAGE RATE FOR THE 2022-2023 FISCAL YEAR;
COMPARING TENTATIVE MILLAGE RATE WITH THE ROLLED-BACK RATE;
ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE
HELD TO ADOPT A FINAL MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE.
The motion carried by the following vote:
For: 5 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner McCool, and Commissioner Ramos
Against: 2 - Commissioner King, and Commissioner Sosa
B. Public Hearing - Resolution No. 2022-33 Adopting the tentative annual
budget for FY 2022/2023 - Mari Leisen, Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Mayor Herzberg stated the City of Deltona has adopted a tentative millage rate of 7.65 mills
for fiscal year 2022/2023. The tentative millage rate reflects an 12.27% increase from the
rolled-back rate of 7.2318 mills. The proposed annual budget is summarized as follows:
General Fund $104,239,933; Special Revenue Funds $36,151,308; Enterprise Fund
$65,601,354; Capital Project Funds $8,804,613; and Total City-wide Budget
$214,797,208.
Mayor Herzberg opened and closed the floor to hear public comments as there were none.
Mayor Herzberg passed the gavel to Vice Mayor Avila-Vazquez.
The Commission and Acting City Manager discussed attorney hourly rate.
Vice Mayor Avila-Vazquez passed the gavel to Mayor Herzberg.
Motion by Commissioner Ramos, seconded by Commissioner McCool,
to approve Resolution No. 2022-33 adopting the tentative budget for
Fiscal Year 2022/2023 and 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
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sign any documents necessary to further Commission approval of this
item.
Mayor Herzberg stated the City of Deltona has adopted a tentative millage rate of 7.65 mills
for fiscal year 2022/2023. The tentative millage rate reflects an 12.27% increase from the
rolled-back rate of 6.8141 mills.
The City Attorney read the title of Resolution No. 2022-33 for the record.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA,
ADOPTING A TENTATIVE BUDGET FOR THE 2022-2023 FISCAL YEAR;
ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE
HELD TO ADOPT A FINAL BUDGET; PROVIDING FOR AN EFFECTIVE DATE.
The motion carried by the following vote:
For: 5 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner McCool, and Commissioner Ramos
Against: 2 - Commissioner King, and Commissioner Sosa
C. Public Hearing - Request for continuance to a time certain date of October
3, 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.
Motion by Commissioner Bradford, seconded by Vice Mayor
Avila-Vazquez, to move to hereby continue the first reading of
Ordinance No. 13-2022 to a time certain date of October 3, 2022. The
motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Request for approval of Resolution No. 2022-37, change order and budget
amendment to increase the existing purchase order 220584 with Allen,
Norton & Blue, P.A. from $24,000 to $54,000 for legal services - Mari Leisen,
Finance Director (386) 878-8553.
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Strategic Goal: Fiscal Services
Motion by Commissioner Bradford, seconded by Commissioner
McCool, to approve Resolution No. 2022-37, the change order and
budget amendment to increase the purchase order for Allen, Norton &
Blue, PA legal services from $24,000 to $54,000. The Acting City
Manager has the authority to make corrections of scrivener's errors and
the like. The motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
B. Contract - Change order to increase existing purchase order 220084 with
Halifax Humane Society, Inc. from $35,000 to $48,965 for Animal Impound
Services - Ron A. Paradise, Community Services Director (386) 878-8610.
Strategic Goal: Community Development
Motion by Commissioner Bradford, seconded by Vice Mayor
Avila-Vazquez, to approve the change order to increase the purchase
order for Halifax Humane Society, Inc. from $35,000 to $48,965. The
Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
C. Request for approval of the Interlocal Agreement with Volusia County for
Provisions of Municipal Services to the City of Deltona- John Peters, Acting
City Manager, (386) 878-8850.
Strategic Goal: Infrastructure
Motion by Commissioner Bradford, seconded by Commissioner King, to
approve the Interlocal Agreement with Volusia County for Provisions of
Municipal Services to the City of Deltona. The Acting City Manager has
the authority to make correction of scrivener's errors and the like. The
motion carried by the following vote:
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For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
D. Request for approval of the agreement with Adventist Health
System/Sunbelt, Inc. dba Advent Health Centra Care for annual physicals -
Fire Chief Snyder, Fire Department (386) 575-6902.
Strategic Goal: Public Safety
Motion by Commissioner Bradford, seconded by Commissioner
McCool, to approve that Adventist Health System/Sunbelt, Inc. doing
business as Advent Health Centra Care to provide firefighter physical
and medical examinations for firefighters through the term of the
contract at a total cost of $80,000.00. The Acting City Manager has the
authority to make corrections of scrivener's errors and the like. The
motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
E. Team Volusia EDC presentation to review toward approval the City of
Deltona and Team Volusia Economic Development Corporation
Cooperative Economic Development Agreement for 2022-2023. - Jerry
Mayes, Economic Development and Ecological Tourism Sustainability
Manager, (386) 878-8619.
Strategic Goal: Economic Development
Motion by Commissioner Bradford, seconded by Commissioner Ramos,
to accept the Cooperative Economic Development Agreement between
the City of Deltona and Team Volusia EDC for 2022-2023. The Acting
City Manager has the authority to make corrections of scrivener's errors
and the like. The motion carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool, and
Commissioner Ramos
F. Requests approval of Resolution No. 2022-34, ratifying results of the
Primary Election held on August 23, 2022. - Joyce Raftery, City Clerk
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Department (386) 878-8502.
Strategic Goal: Effective Governance and Productive Government
Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner
Bradford, to adopt Resolution No. 2022-34 as presented to ratify the
results of the City's Primary Election held on August 23, 2022. The
motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
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.
Terri Ellis, Deltona, spoke about Deltona Water and policy.
Dominic Lulli, 3690 Sunday Drive, water credits, permits, complaints, Facebook post
clarity, and the millage rate.
Robert Trombetta, 439 Golden Arm Road, Deltona, spoke about RCM August 15th,
disrespect and policy.
John Fleemin, Vice President Local 2913, spoke about communication, separation,
bargaining process, public record requests, and involvement.
Doug MacDonald, 1494 Surrey Run Court, Deltona, spoke about referendum question
regarding 25-mile limit.
Michael Williams, 2889 Cottageville St, Deltona, spoke about RCM August 15th, and the
upcoming election.
Dana Dunmire, Democratic Club, 795 Briarwood Court, Orange City, spoke about RCM
August 15th, and respect.
Yorelis Navas, Deltona, spoke about RCM August 15th and respect.
Leila, spoke about Neighbors Helping Neighbors.
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Jody Lee Storozuk, 777 Courtland Blvd., Deltona, spoke about RCM August 15th, money
issues, Fire Department, and dead weight.
Tara D'Errico, Deltona, spoke about RCM August 15th, disrespect, and procedures.
Kathy Bryan, Deltona, spoke about political signs, moratorium and HOAs, tone and actions.
Tom Burbank, 2073 Brewster Drive, Deltona, spoke about HOAs and water issues, and the
decision process.
Elbert Bryan, Deltona, spoke about RCM August 15th, City Charter, and bullying.
Richard Bellach, Deltona, spoke about RCM August 15th.
Mayor Herzberg asked to have both emails from Dayle Whitman and Katherine
Wanamaker read into the record.
Mayor Herzberg read City Commission Rules and Guidelines, Page 7 of 13, Item K, for the
record. She requested that additional documents be included with the minutes.
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:
Commissioner Ramos provided an update on the Transportation Planning Organization
(TPO).
Commissioner McCool requested a shade meeting regarding litigation and the
Commission concurred.
Vice Mayor Avila-Vazquez provided a report on the Best of Sanford Award of Excellence.
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Commissioner Bradford requested a shade meeting for an update on Union negotiations,
transport and to have actual numbers presented. The Acting City Manager replied that he
and the Deputy City Manager have discussed having a shade meeting and he will be
meeting with the City Attorney to see if it is an appropriate time. He will schedule a shade
meeting and provide full information.
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
Commissioner Sosa spoke about emails and Public Works staff.
Commissioner Bradford spoke about Fire/Rescue Department Open House.
Commissioner McCool spoke about reprimand and praise, Union negotiations, the
universal principle of balance.
Commissioner King spoke about praise and criticism, right versus wrong, August 15th
RCM, and American Legion's Wreaths Across America.
Vice Mayor Avila-Vazquez spoke about RCM August 15th explanation, policy, respect,
revised attorney opinion, resident comments, Neighbors Helping Neighbors, CRA projects,
politics and upcoming election.
Mayor Herzberg spoke about Twin Lakes and stormwater, HOAs, breast cancer awareness
month, community calendar, improvement, being kind, and sponsorship.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:45 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
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
Wednesday, September 7, 2022 6:30 PM Deltona Commission Chambers
REVISED 9/6/2022
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Vice Mayor 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 August 15, 2022 as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: August 15, 2022 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Hispanic Heritage Month- September 15 - October 15, 2022
Background: Each year, Americans observe Hispanic Heritage Month from
September 15 to October 15, by celebrating the histories, cultures and
contributions of American citizens whose ancestors came from many
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City Commission Regular Commission Meeting September 7, 2022
different countries including Central and South America. The
observation started in 1968 as Hispanic Heritage Week under
President Lyndon Johnson and was expanded by President Ronald
Reagan in 1988 to cover a 30-day period starting on September 15
and ending on October 15. The 2022 theme “Unidos: Inclusivity for a
Stronger Nation”.
B. Proclamation in honor of 911 - honoring those we lost and everyone who was
affected by the tragic event.
Background: Proclamation honoring those we lost and everyone who was affected by
the tragic event of the bombing of the Twin Towers.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-32, adopting the Tentative Millage Rate
for the levy of ad valorem taxes for Fiscal Year 2022/2023 - Mari Leisen,
Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing on the tentative
budget and proposed millage rate between 65 and 80 days from the
date (July 1, 2022) of certification of taxable value provided by the
Property Appraiser. This hearing was publicized via the TRIM Notice
mailed by the County Appraiser on or about August 24, 2022.
At this hearing, the City will:
· First discuss the percentage increase or decrease in millage
over the rolled-back rate. The proposed millage rate of 7.6500
reflects a 12.27% increase from the rolled-back rate.
· Adopt a tentative millage (Resolution No. 2022-32) and budget
(Resolution No. 2022-33) by separate vote, and in that order as
required by State Law.
· Prior to adopting the millage-levy resolution, the name of the
taxing authority (City of Deltona, Florida), the rolled-back rate
(6.8141), and the percentage increase or decrease compared
to the rolled-back rate (12.27% increase), and the millage rate to
be levied (7.6500) must be publicly announced. The tentative
millage rate and budget will be used to advertise the final budget
scheduled for September 19, 2022.
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.
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City Commission Regular Commission Meeting September 7, 2022
Attachments: 2022-32 Reso - Tentative Millage Rate Sep 7 2022
B. Public Hearing - Resolution No. 2022-33 Adopting the tentative annual budget
for FY 2022/2023 - Mari Leisen, Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing on the tentative
budget and processed the millage rate between 65 and 80 days from
the date (July 1, 2022) of certification of taxable value provided by the
Property Appraiser. This hearing was publicized via the TRIM Notice
mailed by the County Property Appraiser on or about August 24, 2022.
At this hearing, the City:
· May amend the tentative budget and re-compute its proposed
millage rate, and publicly announce the percent, if any, by which the
recomputed proposed millage exceeds the rolled-back rate.
· Will adopt a tentative millage (Resolution No. 2022-32) and budget
(Resolution No. 2022-33), in that order.
· The adopted tentative millage and budget will be used to advertise
the final hearing scheduled for September 19, 2022.
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.
Attachments: 2022-33 Reso - Tentative Budget Sep 7 2022
FY22-23 PROPOSED BUDGET WEBSITE - SEP 2022
C. Public Hearing - Request for continuance to a time certain date of October 3,
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: At the meeting of August 1, 2022, the City Commission granted a time
certain continuance for the Fernanda RPUD major amendment to the
first meeting in September. The RPUD 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 was to obtain more information
and to redesign the project. The following information has been
generated and has effectuated changes in design for all three phases
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City Commission Regular Commission Meeting September 7, 2022
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
studied.
The applicant worked diligently to obtain the above information.
However, after the information was obtained and utilized to modify
project design, the reformatted project and related RPUD materials
were not ready for staff review by the time the agenda materials were
due for the September 7, 2022 City Commission hearing. Therefore, to
ensure a thorough review, Staff is requesting the proposal be granted
another time certain continuance to October 3, 2022. There is
confidence the project will be
adequately reviewed so an informed decision can be achieved
regarding the project.
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
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City Commission Regular Commission Meeting September 7, 2022
(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
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
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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
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
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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.
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
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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
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
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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.
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.
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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.
b. 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
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City Commission Regular Commission Meeting September 7, 2022
Attachments: Ordinance No. 13-2022.pdf
Legal Ad - Ord 13-2022.pdf
Staff Report RZ21-0002.pdf
Fernanda DA 1st Hearing.pdf
Fernanda Place PHase 1-3 MDP.pdf
Revised Development Agreement.pdf
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Request for approval of Resolution No. 2022-37, change order and budget
amendment to increase the existing purchase order 220584 with Allen, Norton
& Blue, P.A. from $24,000 to $54,000 for legal services - Mari Leisen, Finance
Director (386) 878-8553.
Strategic Goal: Fiscal Services
Background: In March of 2022, $24,000, under purchase order 220584, was
allocated for an internal investigation.
Allen, Norton & Blue, P.A. was engaged to provide internal risk
management procedures for the City of Deltona. The purchase order
has been exceeded and a change order and budget amendment are
needed for the vendor to complete the contracted services and allow
the City of Deltona to remit payment for the services provided. The
approval of the increase to the change order will allow the vendor to
continue the services until the end of the fiscal year.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the increase to the purchase order:
Advantages:
a. The City will pay the invoices up to date;
b. The City will be able to continue to the contracted legal
services.
Disadvantages:
a. The City will not be able to retain the contracted legal
services;
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City Commission Regular Commission Meeting September 7, 2022
Attachments: Allen, Norton & Blue - Engage Letter
Allen, Norton & Blue, PA - Change Order
2022-37 Reso - BA 2022-077 Allen Norton Blue Change Order
BA 2022-77 To increase PO for legal fees
B. Contract - Change order to increase existing purchase order 220084 with
Halifax Humane Society, Inc. from $35,000 to $48,965 for Animal Impound
Services - Ron A. Paradise, Community Services Director (386) 878-8610.
Strategic Goal: Community Development
Background: In October of 2021, $35,000, under purchase order 220084, was
allocated for Animal Impound Services for the City of Deltona with
Halifax Humane Society, Inc located in Daytona Beach.
The $35,000 was used by the end of June 2022. The change order
request to $48,965 is to cover the anticipated volume of impounds
through the rest of the fiscal year.
Starting in the first quarter of 2022, City animal control has noted a rise
in pet surrenders and in the number of strays impounded. Greater pet
surrender activity is a national as well as a local trend and has been
reported in the popular press. Some reasons driving pet surrenders
include economic stress brought on by household cost of living
increases; problems finding housing that allow pets; and loss of interest
in pet ownership as people go back to work and/or pursue other post
pandemic activities.
Therefore, to ensure animals continue to be managed in a humane
manner, the services of Halifax Humane Society need to be properly
funded. The proposed change order will increase the original purchase
order further above the $25,000 threshold, which purchasing policy
requires approval of the City Commission. The funds that will be
increasing the purchase order are coming from the same account
(523411). No budget transfer will be needed.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the increase to the purchase order:
Advantages:
a. The City will be able to pay future Halifax Humane Society
invoices;
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City Commission Regular Commission Meeting September 7, 2022
b. The City will be able to continue to have Halifax Humane
Society impound animals; and
c. Animals will continue to be managed in a humane manner.
Disadvantages:
a. The City will not be able to retain the services of Halifax
Humane Society; and
b. Without predictable pet surrender availability some pets may
become strays.
2. Do not approve the change to the purchase order:
Advantages:
a. None
Disadvantages:
a. There will be more stray animals in the City.
Attachments: Change Order
Purchase Order - 220084-00
C. Request for approval of the Interlocal Agreement with Volusia County for
Provisions of Municipal Services to the City of Deltona- John Peters, Acting
City Manager, (386) 878-8850.
Strategic Goal: Infrastructure
Background: The City of Deltona has contracted with Volusia County for various
municipal services in the past and the County has again combined all of
the services into one contract for ease of tracking.
The County currently provides maintenance and operation of the City’s
Traffic Control Devices which promotes an integrated balanced traffic
network in Volusia County to benefit the residents. The County will also
provide mosquito control services with qualified personnel and
equipment to perform tests and treatment. The Road and Bridge
Division of the County will provide services on an as need basis for
Roadway and Drainage infrastructure maintenance or repairs.
The Acting City Manager has the authority to make correction of
scrivener’s errors and the like.
Agreement for services through 10/1/2022- 09/30/2025.
OPTIONS:
1. Approve agreement and continue interlocal services with the County
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City Commission Regular Commission Meeting September 7, 2022
of Volusia.
2. Deny request to approve agreement and City will need sources for
municipal services.
Attachments: 25 Deltona-COV Interlocal Exp2025 -
D. Request for approval of the agreement with Adventist Health System/Sunbelt,
Inc. dba Advent Health Centra Care for annual physicals - Fire Chief Snyder,
Fire Department (386) 575-6902.
Strategic Goal: Public Safety
Background: The National Fire Protection Agency recommends that certified
firefighters receive physicals on an annual basis. It is also required by
the Collective Bargaining agreement that firefighters receive bloodwork
annually and physicals on a bi-annual bases. Because of the stresses
of the job and the toxic environment firefighters work in, they are more
susceptible to cardiovascular disease and cancer than the average
person. These two conditions, by far, are the number one killer of
firefighters. Catching these problems early provides a much higher
survival rate. We must also ensure that our firefighters are healthy and
physically able to protect the citizens of Deltona.
Staff solicited proposals from companies to provide Firefighter’s
physicals. Proposals were received from Adventist Health Systems and
Treasure Coast Medical Associates. A Selection Committee
completely reviewed and scored proposals and came to a consensus
that award to Adventist Health Systems would be in the best interest of
the City. The total annual cost is $80,000.00.
Based on this information, staff requests approval for Adventist Health
System/Sunbelt, Inc. doing business as Advent Health Centra Care to
conduct Annual Physical and Medical Examinations for all certified
firefighter personnel and request approval through the term of the
contract and upon approval authorizes the necessary budget transfers
to facilitate Commission approval and further authorized the City
Manager to sign any documents necessary to further Commission
approval of this item.
OPTIONS:
1. Approve contract and follow the recommendations of the National
Fire Protection Agency and remain in compliance with the Collective
Bargaining Agreement.
2. Do not approve do not follow the recommendations of the National
Fire Protection Agency and violate the terms of the Collective
Bargaining Agreement.
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City Commission Regular Commission Meeting September 7, 2022
Attachments: RFP#22033 Fire Dept Physicals.pdf
Services Agreement Submittal
E. Team Volusia EDC presentation to review toward approval the City of Deltona
and Team Volusia Economic Development Corporation Cooperative Economic
Development Agreement for 2022-2023. - Jerry Mayes, Economic Development
and Ecological Tourism Sustainability Manager, (386) 878-8619.
Strategic Goal: Economic Development
Background: The purpose of this Agreement is for the City of Deltona and Team
Volusia Economic Development Corporation to continue the support
and implementation of a program of economic and business
development and expansion in the City of Deltona and throughout
Volusia County in order to enhance the economic well-being of the
citizens of the City of Deltona and Volusia County. To this end, the City
of Deltona desires to contract with TVEDC in order to provide for
implementation of the economic and business development program
and to ensure accountability for the use of public funds.
OPTIONS:
1) AGAINST - Do not Approve the Contract with TVEDC
A. The City of Deltona’s Office of Economic Development would
bear sole responsibility for the proactive recruitment of
businesses into the City of Deltona.
B. To remain competitive, the City would need to prepare to
attend out of state and out of country trade conferences at a cost
to the City.
C. In addition, the City of Deltona would lose the ability to utilize
the State of Florida Enterprise Florida leads, as the City of
Deltona is not eligible to receive said leads.
D. The City of Deltona’s Office of Economic Development would
need to increase staff to manage leads and recruitment now
done be TVEDC.
2) FOR - Approve the Contract with TVDEC
A. The City of Deltona’s Office of Economic Development would
continue to receive the assistance of TVEDC, consisting of the
recruitment of businesses into the City of Deltona.
B. This City would not need to send representatives to attend out
of state and out of country trade conferences that are currently
handled by TVEDC.
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City Commission Regular Commission Meeting September 7, 2022
C. The City of Deltona would retain access to State of Florida
Enterprise Florida leads, as the City of Deltona is not within the
reception list for said leads.
D. The City of Deltona’s Office of Economic Development would
not need to increase staff to handle development recruitment
activities currently handled by TVEDC.
Attachments: Deltona 2022-2023 Cooperative Agreement.pdf
F. Requests approval of Resolution No. 2022-34, ratifying results of the Primary
Election held on August 23, 2022. - Joyce Raftery, City Clerk Department (386)
878-8502.
Strategic Goal: Effective Governance and Productive Government
Background: The City held a Primary Election for the Deltona Mayor on August 23,
2022. The results of the election are to be ratified by the City
Commission.
The City Charter was changed in 2008 to remove the requirement that
the Canvassing Board shall immediately report the results of an
election to a meeting of the City Commission. Historically the results
have continued to be brought before the Commission for this purpose.
OPTIONS:
1. That the Commission adopts Resolution No. 2022-34 ratifying results
of the Primary Election held on August 23, 2022.
Attachments: Resolution No. 2022-34
Election-Summary-Official-Results
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)
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City Commission Regular Commission Meeting September 7, 2022
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).
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 17 Printed on 9/6/2022
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