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City Commission

Regular Meeting

Deltona, FL · September 7, 2022

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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 City of Deltona Page 1 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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 City of Deltona Page 2 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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 City of Deltona Page 3 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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. City of Deltona Page 4 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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: City of Deltona Page 5 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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 City of Deltona Page 6 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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. City of Deltona Page 7 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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. City of Deltona Page 8 Printed on 9/12/2022 City Commission Minutes September 7, 2022 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 City of Deltona Page 9 Printed on 9/12/2022

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 City of Deltona Page 1 Printed on 9/6/2022 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. City of Deltona Page 2 Printed on 9/6/2022 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 City of Deltona Page 3 Printed on 9/6/2022 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 City of Deltona Page 4 Printed on 9/6/2022 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 City of Deltona Page 5 Printed on 9/6/2022 City Commission Regular Commission Meeting September 7, 2022 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 City of Deltona Page 6 Printed on 9/6/2022 City Commission Regular Commission Meeting September 7, 2022 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 City of Deltona Page 7 Printed on 9/6/2022 City Commission Regular Commission Meeting September 7, 2022 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 City of Deltona Page 8 Printed on 9/6/2022 City Commission Regular Commission Meeting September 7, 2022 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. City of Deltona Page 9 Printed on 9/6/2022 City Commission Regular Commission Meeting September 7, 2022 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 City of Deltona Page 10 Printed on 9/6/2022 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; City of Deltona Page 11 Printed on 9/6/2022 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; City of Deltona Page 12 Printed on 9/6/2022 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 City of Deltona Page 13 Printed on 9/6/2022 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. City of Deltona Page 14 Printed on 9/6/2022 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. City of Deltona Page 15 Printed on 9/6/2022 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) City of Deltona Page 16 Printed on 9/6/2022 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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