City Commission
Regular MeetingDeltona, FL · September 19, 2022
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, September 19, 2022 6:30 PM Deltona Commission Chambers
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 Commissioner McCool.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of September 7,
2022 and two Executive Sessions on September 14, 2022, as presented. -
Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner King, seconded by Commissioner Bradford, to
approve the minutes of the Regular Commission Meeting of September
7, 2022 and two Executive Sessions on September 14, 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 - National Family Day is celebrated on the fourth Monday in
September. It is a day that encourages every family member to gather
City of Deltona Page 1 Printed on 9/27/2022
City Commission Minutes September 19, 2022
around the table to enjoy a meal together, talk to each other, and discuss
everyone’s day.
B. Presentation - Certificate of Recognition - Summer Intern Program
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-35, Adopting the Final Millage Rate for
the levy of ad valorem taxes for Fiscal Year 2022/2023 - Mari Leisen,
Finance Director (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 final millage rate and final annual budget for the coming fiscal
year 2022/2023. The City of Deltona hereby proposes a millage rate of 7.65. The millage
rate reflects a 12.27% increase from the rolled-back rate of 6.8141 mills. The millage rate is
higher than the rolled-back rate of 6.8141 in order to cover increased operating costs.
Mayor Herzberg opened the floor to hear public comments and to take any questions from
the public.
Resident, Deltona, spoke about taxes, expenses, revenues, his qualifications, income,
inflation, and government.
Randy, Crystal Lake Estates, Deltona, spoke about the millage rate, Volusia County, taxes,
the economy, mass exodus, and relief.
Richard Bellach, Deltona, spoke about food banks, the economy, affordable taxes, roads,
floods, projects, and income.
Billy Fowler, Deltona, spoke about building codes, home appreciation, property taxes,
property appraisals, millage, market values, driveways and concrete.
Mayor Herzberg closed the public hearing.
The Commission discussed capacity, tax base, legislation, exemptions, taxable value,
budget workshops, homesteaded property, market and assessed values, Save Our
Homes, and property taxes.
Motion by Commissioner McCool, seconded by Commissioner
Bradford, to approve Resolution No. 2022-35 adopting the Final Millage
Rate of 7.65 for the levy of ad valorem taxes for Fiscal Year 2022/2023.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
City of Deltona Page 2 Printed on 9/27/2022
City Commission Minutes September 19, 2022
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. 2022-36 Adopting the Final Annual Budget
for FY 2022/2023 - Mari Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Mayor Herzberg stated the City of Deltona has adopted a final ad -valorem millage rate of
7.65 mills for fiscal year 2022/2023. The final ad-valorem millage rate reflects a 12.27%
increase from the rolled-back rate of 6.8141 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 public hearing as there were no public comments.
The Commission, Acting City Manager and staff discussed Mr. O'Grady's contract, legal
fees, and City Manager and City Attorney searches.
Commissioner Bradford suggested tabling the item and Mayor Herzberg replied by law the
Commission cannot do that.
The Commission, Acting City Manager and staff discussed the line item budget, purchase
orders, 2022/2023 budget, account codes, Item 8-C, and the Lobbyist contract.
Motion by Commissioner Bradford, seconded by Commissioner Ramos,
to approve Resolution No. 2022-36 adopting the final 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 or
Interim City Manager to sign any documents necessary to further
Commission approval of this item.
City of Deltona Page 3 Printed on 9/27/2022
City Commission Minutes September 19, 2022
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: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool, and
Commissioner Ramos
Against: 1 - Commissioner Sosa
C. Public Hearing - Ordinance No. 17-2022, Amendment to the Official Zoning
Map to rezone ±5.3 acres of land from Agriculture (A) and Single Family
(R1) to Business Planned Unit Development (BPUD) at first reading - Ron A.
Paradise, Community Development Director, (386) 878-8610.
Strategic Goal: Community Development.
Planning & Development Services Director gave a brief description of the item and
reminded the Commission to provide their rational for their vote and that it is predicated on
substantial and competent evidence.
City Attorney Marsha Segal-George explained the process and for the quasi-judicial
hearing and asked everyone that had standing who would like to provide testimony on this
item to stand to be sworn in.
Each Commissioner expressed their ex-parte communication.
Planning & Development Services Director gave a brief explanation of the item to include
the staff report, the locate, the Activity Center, requirements, land use synergy, commercial
orientation, stormwater tract, future development, the process, uses not allowed, intensity,
buffers, access, traffic mitigation, Planning and Zoning (P&Z) Board decision, pedestrian
safety, reasons for approval, and infrastructure.
The Commission and staff discussed pedestrian crossing, safety options, access, buffers,
and TPO (Transportation Planning Organization).
Motion by Commissioner Bradford, seconded by Commissioner Ramos,
to approve Ordinance No. 17-2022, amending the Official Zoning Map to
rezone ?5.3 acres of land from Agriculture (A) and Single Family (R1) to
Business Planned Unit Development (BPUD) at first reading and
schedule a second and final hearing for October 17, 2022. The following
City of Deltona Page 4 Printed on 9/27/2022
City Commission Minutes September 19, 2022
reasons/facts are hereby stated to support approval:
a. The BPUD rezoning is consistent with the Comprehensive Plan and
furthers the vision for the City Activity Center;
b. The request can be supported by public infrastructure such as central
water, sewer and reclaimed services;
c. The BPUD is compatible with other land uses in the vicinity: The
project is appropriately designed to provide a high degree of separation
from residential uses in the area through the strategic location of
buffers and fencing and placement of stormwater infrastructure; and
d. Traffic will be managed through access improvements and a fair
share payment to Volusia County.
The Acting City Manager has the authority to make corrections of
scrivener's errors and the like.
The Commission and staff discussed buffers and landscape.
The Applicant's Attorney Mark Watts, Cobb Cole, 231 N. Woodland Blvd., DeLand, gave a
brief presentation which included Existing Conditions, Proposed PUD (Planned Unit
Development), Activity Center, requirements, the footprint, setbacks and buffers, access,
signalized intersection, pedestrian safety, traffic, landscaping, and future development.
The Commission and Attorney Watts discussed access, signalized intersection, traffic
concerns, TIA (Traffic Impact Analysis) and trip generation, traffic mitigation, site plan,
access, pedestrian safety, and the Comprehensive Plan.
Mayor Herzberg opened the public hearing for those with standing.
Marco, Kings Ridge Terrace, Deltona, spoke about surrounding neighborhood, access, his
childhood, no U-turn, restaurant smells, privacy, pedestrian safety, traffic concerns, and
pedestrian options.
Mayor Herzberg closed the public hearing for those with standing.
Mayor Herzberg opened the public hearing for those without standing.
Kathy Bryan, Deltona, spoke about county commitment, Persimmon Avenue, pedestrian
options, turn signal, students, and mortality.
Elbert Bryan, Deltona, spoke about Volusia County, access and children.
Megan Butler, 2926 Coontie Avenue, Deltona, spoke about her experience, traffic,
pedestrian issues, trip generation, employment opportunities, strip malls, and zoning.
City of Deltona Page 5 Printed on 9/27/2022
City Commission Minutes September 19, 2022
Tara D'Errico, Deltona, spoke about trip generation, pedestrian safety and options,
restaurants, lot size, and overflow traffic.
Mayor Herzberg opened the public hearing for those without standing.
Attorney Watts spoke about traffic, growth, employment opportunities, pedestrian safety
and options, studies, strategic approach, written commitment, county use permit process,
and to establish uses.
The Commission and Attorney Watts discussed safety concerns, innovation, fair share cost,
pedestrian options and cost, traffic concerns, traffic mitigation, grants, TPO, realistic
numbers, traffic calming devices, funding, and development.
City Attorney Segal-George read the title of Ordinance No. 17-2022 for the record.
AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL
ZONING MAP TO REZONE ±5.3 ACRES OF LAND LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF HOWLAND BOULEVARD AND FOREST EDGE
DRIVE FROM AGRICULTURE (A) AND SINGLE-FAMILY (R1) TO BUSINESS PLANNED
UNIT DEVELOPMENT (BPUD); PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
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:
A. An update on the 4-B Project/Straw Project. - John A. Peters, III, PE, Acting
City Manager (386) 878-8858.
Strategic Goal: Infrastructure
8. NEW BUSINESS:
A. Request for approval of Consultant for State Government Relations and
Lobbying - John A. Peters, Acting City Manager
Strategic Goals: Fiscal Issues.
Motion by Commissioner Bradford, seconded by Vice Mayor
Avila-Vazquez, to approve the award for State Government Relations
and Lobbying for annual services to GA McKeown & Associates, LLC at
City of Deltona Page 6 Printed on 9/27/2022
City Commission Minutes September 19, 2022
a total cost of $45,000 annually. 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. Request approval of Brown and Brown coverage premiums. - Rebecca
Wilk, Human Resources (386) 878-8754.
Strategic Goal: Fiscal, Internal/External Communication
Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner
Bradford, to approve the Brown and Brown coverage premiums. 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. Approval of budgeted purchases for FY22-23 - Mari Leisen, Finance
Director
Strategic Goal: Maintain current fiscal stability maximize alternative
funding sources, and promote an effective system of checks and balances.
Motion by Commissioner Bradford, seconded by Vice-Mayor
Avila-Vazquez, to continue this item to the Regular Commission
Meeting on October 3, 2022. The motion carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner McCool, Commissioner Ramos, and
Commissioner Sosa
Against: 1 - Commissioner King
D. Contract - Proposal for public scoping regarding land planning and
development matters as part of the City of Deltona temporary moratorium
regarding detached single-family density increases Ordinance No. 12-2022
- Ron A. Paradise, Community Services Director (386) 878-8610.
Strategic Goal: Community Development and Redevelopment
City of Deltona Page 7 Printed on 9/27/2022
City Commission Minutes September 19, 2022
Motion by Commissioner McCool, seconded by Commissioner
Bradford, to continue this discussion until the Commission had a
workshop on this matter and set a date certain within the next 30 days.
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. Resignation of Acting City Manager. - John Peters, III, PE, Acting City
Manager (386) 878-8850.
Strategic Goal: Effective Governance and Productive Government
Motion by Commissioner Bradford, seconded by Commissioner Ramos,
to accept the resignation of John Peters, III, effective immediately with
no severance paid based on his voluntary termination of the
agreement.
Amended motion by Commissioner Bradford, seconded by
Commissioner Ramos, to accept John Peters III voluntary resignation
effective immediately with no option to return to Public Works. The City
will pay salary from today until November 17th.
Amendment to the amended motion by Commissioner Bradford,
seconded by Commissioner Ramos, to accept John Peters III voluntary
resignation effective immediately with no option to return to Public
Works. The City will pay salary and his regular benefits from today until
November 17th. The motion carried by the following vote:
For: 4 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, and Commissioner Ramos
Against: 3 - Commissioner King, Commissioner McCool, and
Commissioner Sosa
The Commission concurred to extend the meeting time by 30 minutes.
The Commission concurred to keep the add-on item requested by the City
Attorney on tonight's agenda for discussion.
Motion by Mayor Herzberg, seconded by Commissioner Bradford, to put
in Marsha Segal-George for two weeks while the City searches for an
City of Deltona Page 8 Printed on 9/27/2022
City Commission Minutes September 19, 2022
Interim City Manager by contacting the Range Riders, Mr. Ken Parker,
and others that would want to be interested in possibly doing that, as
soon as possible and no longer than two weeks. The motion carried by
the following vote:
For: 4 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, and Commissioner Ramos
Against: 3 - Commissioner King, Commissioner McCool, 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.
Billy Fowler, Deltona, spoke about inspection report, leaks, international building code vs.
Florida code, roofs and shingles, liability, and contractors.
Nick Lulli, Deltona, spoke about stormwater, water bill, irrigation, relief, debate concerns,
Charter Officers, and contracts.
Brandy White, Deltona, spoke about Nitty Gritty food drop, stormwater, discussion
concerns, and release of files.
John Viccaro, Local Union 2913, spoke about accusations, influences, candidate support,
union negotiations and contract, relationships, fault and getting back on track.
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.
City of Deltona Page 9 Printed on 9/27/2022
City Commission Minutes September 19, 2022
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 Bradford requested that the minutes include more details specifically for
research purposes.
Mayor Herzberg suggested the City Clerk come back with a timeframe for doing more
detailed minutes and if there is a burden on the department. Commissioner Bradford
requested just to have a little bit more information than what is currently being provided.
Commissioner Sosa requested a hold and preserve on all files from the former Human
Resources Director Richard Adams to include emails, notes, hard drive and SSD (Solid
State Drive) Drive, whatever he had and he would like access to all those documents.
Commissioner McCool requested that the P&Z Board run under the same format as the
Commission i.e. iPads. Mr. Paradise replied it will be a learning curve for staff and the
need to make sure the iPads are up and running as functional as everybody would hope
they would be.
Commissioner McCool requested to put off collective bargaining with the Union, specifically
the Fire Union, until after election have been had and the City is situated with a City
Manager. She also requested that the City never hold any type of collective bargaining
during an election year for the sake of preservation of both those processes. She is asking
for a resolution.
After discussion, the Commission concurred that the City Attorney and Deputy
City Manager look into a resolution for no collective bargaining in an election
year and putting a pause on the current collective bargaining, look into it.
Commissioner King requested to advertise the Muster Music Festival two-day event on
Veterans Day weekend in Ft. Pierce.
After discussion, the Commission concurred to advertise the Muster Music
Festival event held in Ft. Pierce.
Commissioner King corrected the date for Wreaths Across American which is on the third
Saturday of the month beginning at Noon at Deltona Memorial Gardens. Also, the American
Legion in Deltona will be fundraising on September 23rd & 24th at Frescos on Providence
Blvd. for Wreaths Across American.
City of Deltona Page 10 Printed on 9/27/2022
City Commission Minutes September 19, 2022
Vice Mayor Avila-Vazquez requested to schedule an appointment to view the files of former
Human Resources Director Richard Adams. City Attorney Segal-George replied to
schedule that through Sharon Peters because there is only one set of documents.
Commissioner Bradford requested to set-up a meeting this week in order to see what
needs to be done to go forward with some of the recommendations for the Interim City
Manager position. Mayor Herzberg replied this week will not work and she suggested
adding it on to Monday's workshop.
After discussion, the Commission concurred to add onto Monday's workshop
discussion on recommendations for the Interim City Manager.
Mayor Herzberg stated with the passage of House Bill 105, the Tobacco Free Volusia and
SWATS (Students Working Against Tobacco) is asking if the City Commission is
interested in a resolution to ban tobacco use at parks and beaches.
After discussion, the Commission concurred it was not interested in a resolution
to ban tobacco use at parks and beaches.
13. CITY ATTORNEY COMMENTS:
A. ADD-ON ITEM: Discussion re: Lawsuit Settlement.
City Attorney Segal-George gave a brief explanation of the settlement agreement which is
based on the Commission's discussion at the shade meeting held on September 14, 2022.
It is the general agreement, general release and the provision for the seven day statutory
requirement. If the Commission agrees that the agreement represents what was in the
discussion then the Commission would need to vote on.
After discussion, the Commission concurred to have a Special Commission
Meeting on Monday, September 26, 2022 for 5:30 p.m. to discuss this item.
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
Commissioner Ramos spoke about Commissioner Sosa's donation to the Harris Saxon
Boys and Girls Club.
Commissioner McCool spoke about The Sons and Daughters of Italy Italian Heritage
Month.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 1:55 a.m.
City of Deltona Page 11 Printed on 9/27/2022
City Commission Minutes September 19, 2022
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
City of Deltona Page 12 Printed on 9/27/2022
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
Monday, September 19, 2022 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner McCool.
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 September 7, 2022
and two Executive Sessions on September 14, 2022, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: September 7, 2022 RCM
September 14, 2022 Exec. Session
September 14, 2022 Exec. Session
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - National Family Day is celebrated on the fourth Monday in
September. It is a day that encourages every family member to gather around
the table to enjoy a meal together, talk to each other, and discuss everyone’s
City of Deltona Page 1 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
day.
Background: National Family Day is a day for families to gather around the table and
enjoy a meal together, talk to each other, discus everyone’s day and
then commit to having another meal together before the week is out. It
is a time where children learn responsibility while helping to prepare the
meal and cleaning up. Conversations about grades, dating, borrowing
the car, and moving away, and debate politics. These conversations
start at a dinner table, they shouldn’t begin when our children’s world
turns upside down.
B. Presentation - Certificate of Recognition - Summer Intern Program
Background: Certificate of Recognition to the following students who participated in
the Summer Intern Program as Junior Counselors from June 13 - July
15, 2022 City of Deltona Parks & Recreation Department: Moises
Benavides, Trishanna Houston, Kalif Brown, Kristianna Wright,
Giannisse Suarez, Masia Kinnard, Alex Shanchez, Derek Gomez,
Cassandra Gilbert and Melenie Gonalez
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-35, Adopting the Final Millage Rate for
the levy of ad valorem taxes for Fiscal Year 2022/2023 - Mari Leisen, Finance
Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing to adopt the final
millage rate and budget.
At this hearing, the City will:
· First discuss the percentage increase in millage over the
rolled-back rate. The final millage rate of 7.6500 reflects a
12.27% increase from the rolled-back rate of 6.8141.
· Adopt the millage rate (Resolution No. 2022-35) and budget
(Resolution No. 2022-36) 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 compared to the
rolled-back rate (12.27% increase), and the millage rate to be
levied (7.6500) must be publicly announced.
Upon approval of this item authorizes any and all necessary actions,
City of Deltona Page 2 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
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: 2022-35 Reso - Final Millage - Second Hearing 09192022
B. Public Hearing - Resolution No. 2022-36 Adopting the Final Annual Budget for
FY 2022/2023 - Mari Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing to adopt the final
millage rate and budget. This agenda item is to adopt the final Budget
for Fiscal Year 2022/2023.
At this hearing, the City will:
· First discuss the percentage increase in millage over the
rolled-back rate. The final millage rate of 7.6500 reflects a 12.27%
increase from the rolled-back rate of 6.8141.
· Adopt the millage rate (Resolution No. 2022-35) and budget
(Resolution No. 2022-36) 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 compared to the rolled-back rate
(12.27% increase), and the millage rate to be levied (7.6500) must
be publicly announced.
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: 2022-36 Reso - Final Budget - Second Hearing 09192022
Budget Summary Ad
Notice of Proposed Tax Increase
C. Public Hearing - Ordinance No. 17-2022, Amendment to the Official Zoning
Map to rezone ±5.3 acres of land from Agriculture (A) and Single Family (R1) to
Business Planned Unit Development (BPUD) at first reading - Ron A. Paradise,
Community Development Director, (386) 878-8610.
Strategic Goal: Community Development.
Background: The City of Deltona received an application to rezone approximately
5.3 acres of Deltona incorporated land from Agriculture (A) and
Single-Family (R1) to Business Planned Unit Development (BPUD).
City of Deltona Page 3 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
The BPUD proposal will facilitate the property being developed into a
small retail center featuring three (3) lots to support 18,000 square feet
of retail space, two (2) open space/retention tracts, and one (1) future
development lot. BPUD commercial uses are neighborhood oriented
and include restaurants with drive through service and retail options.
The subject Marketplace BPUD property is currently mostly vacant,
undeveloped and forested. This area is zoned Agriculture but is located
within the Activity Center. The Activity Center as the title implies is a
strategically located, interstate interchange-oriented area earmarked
for intensive urban uses such as range of commercial, office, industrial,
and potentially high-density residential uses. Therefore, the Agricultural
zoning represents a holding pattern type of classification in anticipation
of future urban development.
A portion of the property is currently developed as a single-family
residence known as Lot 1 of the Timbercrest Plat (Map Book 43,
Pages 178-179). This property zoned R1 (Single-Family) was obtained
by the applicant to be used for stormwater and to facilitate greater
separation/buffering from the adjacent Timbercrest neighborhood.
Primary access to the Marketplace BPUD will be Forest Edge Drive to
the east and right-of-way known as Permission St. to the west. There
will be no access off of Howland Blvd. The project will generate 3,658
new trips on the City roadway network. To mitigate traffic impacts the
applicant will be adding a right turn lane from Forest Edge Dr. to
Howland Blvd. In addition, there will be a $159,833.02 fair share
payment made to Volusia County. The fair share payment will be used
for traffic upgrades to the County thoroughfare network in the area.
For more information see the attached staff report.
On August 17, 2022, the Planning and Zoning Board heard the rezoning
request. The Board voted unanimously to recommend the City
Commission approve the rezoning. However, Board members
expressed well founded concerns about safe pedestrian access to the
project. Some of the concerns about pedestrian safety involved high
school students crossing Howland Blvd. In order to address concerns
about pedestrian safety, City staff and the applicant will meet with
Volusia County Traffic Engineering to explore options to improve safe
and expanded pedestrian access to the BPUD site. The applicant has
pledged to set up the meeting with the County. A verbal update will be
provided at the public hearing.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
City of Deltona Page 4 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
OPTIONS:
1. Approve Ordinance No. 17-2022.
Advantages:
a. The BPUD will provide retail and commercial uses in an area
designated within the City’s Comprehensive Plan for
employment and retail service development;
b. The property will be subject to a development agreement;
c. Transportation improvements will be made within the immediate
area to support the development, as well as proportionate fair
share in the amount of $159,833.02 which may be used to
improve transportation facilities within the local area; and
d. Urban commercial development will improve the economy and
the commercial tax base of the area.
Disadvantages:
a. The retail center use will generate increased traffic within an
existing high-volume transportation network;
b. Traffic volumes on a segment of local road Forest Edge Dr. will
increase; and
c. Vacant Agriculture zoned land will be disturbed;
2. Deny Ordinance No. 17-2022.
Advantages:
a. No traffic impacts will be added to the Forest Edge
Drive/Howland Boulevard intersection; and
b. Gopher Tortoise habitat will be preserved in its natural state.
Disadvantages:
a. The property would remain at a lower taxable value; and
b. There would be no improvement to help balance City high
residential to non-residential development pattern.
City of Deltona Page 5 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
Attachments: 1-Staff Report 8.8.2022_FINAL
2-HBM Map Series
3-19078 Deltona Village TIA v1.3 FINAL.pdf
Ordinance No. 17-2022
Exhibit A_Dev. Agreement Ord. No. 17-2022 - Draft aug8
EXHIBIT B-LEGAL DESCRIPTION
EXHIBIT C_MASTER DEVELOPMENT PLAN-MDP
Legal Ad - Ord 17-2022
7. OLD BUSINESS:
A. An update on the 4-B Project/Straw Project. - John A. Peters, III, PE, Acting City
Manager (386) 878-8858.
Strategic Goal: Infrastructure
Background: This item is to provide an update on the status of the 4-B Project/Straw
Project.
OPTIONS:
1.
2.
8. NEW BUSINESS:
A. Request for approval of Consultant for State Government Relations and
Lobbying - John A. Peters, Acting City Manager
Strategic Goals: Fiscal Issues.
Background: As directed by the City Commission, staff solicited proposals from
Consultants for State Government Relations and Lobbying for the
purpose of assisting the City of Deltona to achieve its goals as will be
more specifically delineated by the City Commission. Only one
proposal was received from GA McKeown & Associates, LLC.
GA McKeown & Associates, LLC. proposed an annual fee of $45,000,
paid in monthly installments of $3,750 from October 2022 through
September 2023. Any additional cost or expenditures would be
approved by the City of Deltona in advance. The term is for a period of
three years with an option to renew for two successive one-year terms
upon mutual agreement of both parties.
OPTIONS:
City of Deltona Page 6 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
1. Approve award to G.A. McKeown & Associates, LLC
2. Solicit new proposals
Attachments: RFP #22035 - Recommendation of Award Memo and proposal from G.A. McKeo
Draft Agreement - Consultant for State Government Relations Services Lobbyin
B. Request approval of Brown and Brown coverage premiums. - Rebecca Wilk,
Human Resources (386) 878-8754.
Strategic Goal: Fiscal, Internal/External Communication
Background: Brown and Brown has provided coverage premiums for the below City
policies showing the premium increases for the coming year. The
premium increases are consistent with the 22-23 Budget.
Vendor: Preferred Governmental Insurance Trust
Type Liability, Property, Causality
Signed 10/1/2022 ***Original started in 2007
Expires 10/1/2023
Increase 181,270 (22.4%)
Vendor: Preferred Governmental Insurance Trust
Type Work Comp
Signed 10/1/2022
Expires 10/1/2023
Increase 122,104 (28.7%)
Vendor: Commerce & Industry
Type Storage Tank Liability
Signed 12/23/21
Expires 12/23/2022
Increase Estimated Not to Exceed 15% - $593
Vendor: Burlington Insurance
Type The Center Liquor Liability
Signed 1/5/2022
Expires 1/5/2023
Increase Estimated Not to Exceed 25% - $240
Vendor: Global Aerospace, Inc
Type Drone Coverage
Signed 6/3/2022
Expires 6/15/2023
Increase Estimated Not to Exceed 25% - $780
OPTIONS:
City of Deltona Page 7 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
1. Approve premium coverage.
2. Deny premiums coverage.
Attachments: Program Overview
Premimum and Coverage Comparison
C. Approval of budgeted purchases for FY22-23 - Mari Leisen, Finance Director
Strategic Goal: Maintain current fiscal stability maximize alternative funding
sources, and promote an effective system of checks and balances.
Background: In accordance with the City’s Procurement Policy, the City Commission
must approve any purchase over $25,000. The attached list represents
purchases that will need to be made in the upcoming fiscal year, all of
which are in the budget for FY22-23. Additional purchases over
$25,000 will be brought to the Commission as needed.
OPTIONS:
1. Approved attached list as presented so that purchase orders can be
completed for goods and services to begin on October 1, 2022.
2. Deny some or all purchases which will cause a delay in services
provided by the City.
Attachments: PO's for Commission
D. Contract - Proposal for public scoping regarding land planning and
development matters as part of the City of Deltona temporary moratorium
regarding detached single-family density increases Ordinance No. 12-2022 -
Ron A. Paradise, Community Services Director (386) 878-8610.
Strategic Goal: Community Development and Redevelopment
Background: On June 20, 2022, the City Commission adopted Ordinance No.
12-2022 which is a temporary moratorium on requests to increase
density entitlements for detached single-family development projects.
The moratorium was to allow for community outreach regarding growth
and development. The community outreach is intended to be a
grassroots type of process where the residents of the City would help
shape growth and development policies and regulations.
In preparation for the moratorium, City staff on May 31, 2022 initiated a
request for proposal (RFP) process to solicit proposals from planning
firms to assist in the public scoping process. The first RFP was issued
for about one month. After the RFP was due, the City received no
formal responses to the first RFP. The City extended the RFP until July
19, 2022. The RFP extension generated one formal response. After
review, the firm that responded to the RFP was determined to be
City of Deltona Page 8 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
marginally qualified. In addition, the price for services was out of
budget.
Planning and Development staff was able to essentially recruit a firm
through a piggy-back arrangement with another local government. The
firm, Axis Infrastructure, generated a cogent draft scope of work in
August of 2022. City staff reviewed the scope and has worked with the
consultant to update and finalize the scope of work. The scope of work
was finally updated on September 7, 2022 and is attached. The total
price is $189,050.00. As a point of reference, the other frim that
responded to the RFP quoted more than double what Axis Infrastructure
quoted.
The Axis Infrastructure public interface process is proposed to take
about 12 months. This is not unusual for a project of this nature and
scope especially taking into consideration the Thanksgiving and
Christmas holidays looming large on the horizon. The moratorium is
proposed to sunset on December 31, 2022. However, there is an
option to extend the moratorium for another three (3) months. City staff
anticipates bringing a new ordinance to the City Commission in
October of 2022 to request an extension of the moratorium another
three months. There is recognition the moratorium extension will expire
before the entire 12-month Axis Infrastructure project scope is
completed. However, there is anticipation much information will be
yielded through robust public outreach through the first and second
quarters of 2023 of which to predicate the initiation of interim changes
to City land development policies and regulations as appropriate.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the contract with Axis Infrastructure
Advantages:
a. Public scoping regarding land development within the City
will be conducted by qualified personnel in a professional
manner;
b. The scoping will implement the purpose and intent of the
moratorium;
c. Public scoping can be initiated as soon as practicable; and
d. The scope price is within City budget
Disadvantages:
a. The City will not have to pay $189,050.00; and
b. The moratorium will not accomplish stated objectives.
City of Deltona Page 9 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 2022
2. Do not approve the contract with Axis Infrastructure
Advantages:
a. City will not have to pay $189,050.00.
Disadvantages:
a. A qualified firm will not be hired to conduct the public
scoping;
b. The moratorium will not be implemented; and
c. Scoping, if occurring, will deferred long after the moratorium
has sunset notwithstanding an extension.
Attachments: Deltona Public Engagement and Planning Services Proposal Final 9-7-22
E. Resignation of Acting City Manager. - John Peters, III, PE, Acting City Manager
(386) 878-8850.
Strategic Goal: Effective Governance and Productive Government
Background: Please accept this Agenda Item as my Notice of Resignation as Acting
City Manager for the City of Deltona effective November 17, 2022 in
accordance with my Employment Contract. I have met with each
Commissioner over the last week and a half to discuss the reasons for
my resignation. In closing, I want to thank you for the opportunity to lead
the incredible team of Deltona employees in a positive direction
through all aspects of City governance for the citizens of Deltona.
Attachments: Acting City Manager's Contract - Mr. Peters
Florida Commission on Ethics Guidebook
ICMA Code of Ethics
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 10 Printed on 9/15/2022
City Commission Regular Commission Meeting September 19, 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 11 Printed on 9/15/2022
Get email alerts for Deltona
A daily email when new agendas and minutes are posted.