City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, October 3, 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 Ramos. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of September 19, 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 September 19, 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 - Cybersecurity Awareness Month B. Proclamation - Breast Cancer Awareness Month City of Deltona Page 1 Printed on 10/11/2022 City Commission Minutes October 3, 2022 C. Proclamation - Fire Prevention Week - October 9-15, 2022. D. Proclamation - Pregnancy & Infant Loss Remembrance Day E. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. 6. ORDINANCES AND PUBLIC HEARINGS: F. Public Hearing - Ordinance No. 13-2022, Fernanda Place RPUD Major Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda Place RPUD at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Bradford, to send Ordinance No. 13-2022 back to the Planning & Zoning Board. 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 ADD-ON ITEMS: Hurricane Ian Update Fire Chief Snyder gave a brief update regarding Hurricane Ian to include the path, rainfall, EOC (Emergency Operations Center) operations, crews deployed, maximum winds sustained, water main issues, clearing roads, call volume, briefings and media, current conditions, and power updates from FPL (Florida Power and Light) and Duke Energy. Planning & Development Services Director Ron Paradise gave a brief update to include solid waste collection, debris removal, trash pick-up vs. household waste and yard debris, surveying debris, educating the public, FEMA assistance (disasterassistance.gov), building inspectors, assessing damage, recorded incidences, flooding, street conditions, damaged property and infrastructure. Deputy Public Works Director Phyllis Wallace gave a brief update to include rainfall, 100-200 year storm, property conditions, deployment of pumps, competing water locations, street flooding, road closures, driving through water, call volume, flooding issues, clearing of trees, street assessment, sign inventory, and traffic signals. Deputy Utility Director Glenn Whitcomb gave a brief update to include rainfall, unprecedented flooding, power outages, lift stations, generators, water plants, SCADA system, field crews, water main breaks, road issues, stormwater flooding, dangerous trees, City of Deltona Page 2 Printed on 10/11/2022 City Commission Minutes October 3, 2022 EOC, residents out of water, reopening Deltona Water, wastewater plants and capacity. Mayor Herzberg called a recess at 8:06 p.m. and reconvened at 8:16 p.m. A. Public Hearing - Ordinance No. 18-2022, Amendment to the Official Zoning Map to rezone ±109.71 acres of land from Business Planned Unit Development (BPUD) and Agriculture (A) to Mixed Use Planned Unit Development (MPUD) at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Planning & Development Services Director gave a brief explanation of the item and he explained the process. City Attorney Feeney asked everyone that had standing as well as those without standing who wanted to provide testimony to stand to be sworn in. Each Commissioner expressed their ex-parte communication. Planning & Development Services Director gave a brief explanation of the project to include the business plan development with options, current zoning, goal of the plan, six districts, traffic, and a possible major amendment. Pete Spittler, Managing Principal/COO, JBEC Corp., 809 Bridgeway Blvd., Orlando, gave a brief presentation to include the general area of BPUD, consolidated master plan, Wellness Community or continuum of care, location, master plan, wellness center, Lake Nona Wellness Center, independent living area, the courtyards, medical services, and consolidated water management system. The Commission, Mr. Spittler, and staff spoke about the age group, being environmentally conscious, Lake Nona facility, not clearing all the trees, buffers, environmental survey, placement, John Knox Village, holistic master plan, building in phases, and residents' wants. Mayor Herzberg opened and closed the public hearing for people with standing as there were none. Mayor Herzberg opened the public hearing for those people without standing. Kathy Bryan, Deltona, spoke about Forest Edge Drive, entranceway and cut throughs, clear cutting, native plantings, night light impact, pedestrian issues, storms and flood plains. Richard Bellach, Deltona, spoke about timing, food, residents, and the vote. City of Deltona Page 3 Printed on 10/11/2022 City Commission Minutes October 3, 2022 Mayor Herzberg closed the public hearing. Attorney William Barfield, representing the owner, spoke about the rezoning and asking for less than what is entitled to do, contemplating some restaurants, retail, and less intense with more green space. Motion by Commissioner Bradford, seconded by Commissioner McCool, to approve Ordinance No. 18-2022, amending the Official Zoning Map to rezone ?109.71 acres of land from Business Planned Unit Development (BPUD) and Agriculture (A) to Mixed Use Planned Unit Development (MPUD) at first reading and schedule a second and final hearing for October 17, 2022. The following reasons/facts are hereby stated to support approval: a. The MPUD is consistent with the City Comprehensive Plan; b. The MPUD will provide a range of needed commercial uses including a hotel in an area designated within the City's Comprehensive Plan for retail service development; c. The Medical Village will complement the existing UF/Halifax Hospital complex; d. The Medical Village will create relatively high paying medical and medical administrative sector jobs; e. The property will continue to be subject to a development agreement; f. Transportation improvements will be made within the immediate area to support the development, as well two proportionate fair share payments in the amount of $1,398,612.14 which will be used to improve transportation facilities in the area; g. Urban commercial development will improve the City tax base; h. The multi-family elements both non-age restricted and age restricted will result in a diversification of City housing choices; and i. Extensive buffers will be afforded to provide a high level of separation between existing neighborhoods and to provide habitat improvement opportunities for the Florida scrub jay. The Interim City Manager has the authority to make corrections of scrivener's errors and the like. For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa City of Deltona Page 4 Printed on 10/11/2022 City Commission Minutes October 3, 2022 B. Public Hearing - Ordinance No. 19-2022 Amending Chapter 74 of the Land Development Code to provide for pass-through fees for legal services, at first reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Effective Governance Planning & Development Services Director Ron Paradise gave a brief explanation of the item, providing rates for legal services, ability to collect the rates and a way to appeal the costs to the City Commission. The Commission, City Attorney and staff spoke about the scope, types of projects, a six month review, creating a burden for certain applicants, impact to smaller applicants/projects, budgets, building permits, entitlements, code compliance, and impact to foreclosures. Commissioner Bradford asked if she was required to abstain from the vote and City Attorney Feeney replied only if you have a direct financial relation with developer. This is a policy of general application so no she would not have to abstain. Mayor Herzberg opened and closed the public hearing as there were no public comments. Motion by Commissioner Bradford, seconded by Commissioner King, to approve Ordinance No. 19-2022, amending Chapter 74, City Code of Ordinances creating pass through fees to recapture legal costs at first reading and schedule a second and final reading for October 17, 2022 and to revisit the ordinance in six months. The Interim City Manager has the authority to make corrections of scrivener's errors. 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. 20-2022, creating new Chapter 36, City Code of Ordinances to regulate rental dwellings within the City, also repealing Ordinance No. 11-2007, repealing Resolution No. 2014-31, and repealing Ordinance No. 01-2013 at first reading - Ron A. Paradise, Community Services Director (386) 878-8610 Strategic Goal: Effective governance City of Deltona Page 5 Printed on 10/11/2022 City Commission Minutes October 3, 2022 Planning & Development Services Director Ron Paradise gave a brief explanation of the item to include august workshop discussion, intent safe living conditions, active database of rentals, potential emergency w/absentee owned property, highlights: registration process, inspections, exemptions, registration fee, inspections and cost, record keeping, compliance and consultant Net Assets. The Commission, Interim City Manager and staff discussed cost, Net Assets, BTRs (Business Tax Return), fire and home inspections, General Contractors, other Cities' requirements, absentee owners, public safety, code enforcement, non-homesteaded properties, utilities, blight, abatements, revenue neutral, sliding scale, Florida Statutes, impact to tenants, management offices, liens and forecloses, and rising rents. Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Bradford, to extend the meeting to 11:00 p.m. 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 The Commission, Interim City Manager and staff continued to discuss notifications, rental registry, the checklist, existing database, registration fee, sending the Ordinance back, animal control and structural issues, accountability, financial feasibility, point of contact, and subletting. Motion by Commissioner McCool, seconded by Commissioner , to send Ordinance No. 20-2022 back to staff for amendment to include striking landlord requirements to join tenant with water deposits, to consult with area property management companies regarding compliance requirements to matching homeowner standards, to explore revenue neutral solutions, to bring back a fee schedule not punitive, but revenue neutral to offset any costs associated with abatement of rental property and of maintaining a rental registry. Motion died for lack of a second. The Interim City Manager withdrew Ordinance No. 20-2022 and the Commission concurred. Mayor Herzberg requested to extend the meeting for 30 minutes and the Commission concurred. Mayor Herzberg requested to take Item 8-A next and the Commission concurred. 8-A. Request for consideration of request from attorney Kim Booker representing landowner and contract purchaser for a reduction of fine and City of Deltona Page 6 Printed on 10/11/2022 City Commission Minutes October 3, 2022 release from foreclosure for property located at 1365 Indian Rock Ct.- Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Effective Governance Motion by Commissioner Bradford, seconded by Vice Mayor Avila-Vazquez, to uphold the Staff and August 31, 2022 Special Magistrate William E. Reischmann Jr. recommendations to reduce the fine for 1365 Indian Rock Court to $40,000.00 from $72,318.51 predicated on the following: 1) There shall be a real estate closing on or before October 17, 2022; 2) The City shall be paid the $40,000.00 as part of closing as per the contract between Delores Heyne and YNU Investments LLC.; 3) After closing City Staff will drop the foreclosure case; 4) Permits for rehabilitation, including a roof will be pulled within 30-days of closing and the roof to be final within 60 days; and 5) The pool will be drained and otherwise made secure 30-days of closing. The Interim City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 5 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, and Commissioner Ramos Against: 2 - Commissioner McCool, and Commissioner Sosa D. Public Hearing - Ordinance No. 21-2022, Extending the temporary moratorium on requests to increase density entitlements for detached single-family development projects three extra months from December 31, 2022 to March 31, 2023, at first reading. Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Community Development and Redevelopment Motion by Commissioner Bradford, seconded by Commissioner Ramos, to approve Ordinance No. 21-2022 extending the temporary moratorium on requests to increase density entitlements for detached single-family development projects three extra months from December 31, 2022 to March 31, 2023, at first reading and schedule a second and final hearing for October 17, 2022. The Interim City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried City of Deltona Page 7 Printed on 10/11/2022 City Commission Minutes October 3, 2022 by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa E. Public Hearing - Resolution No. 2022-28 Acceptance of Final Plat SD22-0009 - Island Walk South - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development Motion by Commissioner King, seconded by Commissioner Ramos, to continue this until the next meeting to date certain of October 17, 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: B. Request approval of Task Authorization with Tetra Tech for the Lake Monroe Intake and Pump Station Redesign at a cost of $148,020.00. - Glenn Whitcomb, Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Motion by Commissioner King, seconded by Commissioner Ramos, to continue the item to date certain to October 17, 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 City of Deltona Page 8 Printed on 10/11/2022 City Commission Minutes October 3, 2022 9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. However, individual Commissioners may wish to respond under their "City Commission Comments". Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Richard Bellach, Deltona, spoke about residential development, expertise, prior City Managers, voting, agenda, flooding, and paychecks. Nick Lulli, 3690 Sunday Drive, Deltona, spoke about flooding, Hurricane Ian, Tropical Storm Fay, Ft. Smith Blvd., septic, stormwater pond, working with the City, investing in the community, and protecting citizens. Pastor Bradley, Deltona, spoke about New Hope development, written comments, development review process, his concerns, creating hope and encouragement, and meetings. Roy Isler, 3040 Jollett Court, Deltona, spoke about flooding, Allegrow Court, road closure, wetlands, environmental impacts, berm, being proactive and food court. Doreen Beauregard, 1791 Ft. Smith Blvd., Deltona, spoke about retention ponds, Hurricane Katrina, flooding, Neighborhood Center, Lake Helen Osteen Road area, water levels, neighbors, flowing water, and septic. JS, spoke about language, septic/sewer, Hurricane Ian, sandbags, prior City Manager, political stunt, responsibility, utilities, Volusia County and Howland Blvd. Elbert Bryan, Deltona, spoke about deficiencies, sandbags, Facebook, helping people, residents, discouragement, our country, morale standards, flea market, my City, taking stock, and asking for help. Brandy White, Deltona, spoke about residents, detours, flooding, broken dam, sandbags, mosquitoes, weather, traffic control, residents needing help, prevention and correction. Kathy Bryan, Deltona, spoke about residents, public comment, hospital staff, expectations, development, listening, preparations, pumps, sewer/septic, infrastructure, citizens emergency response team, education, flooding, leadership, and public notice. City of Deltona Page 9 Printed on 10/11/2022 City Commission Minutes October 3, 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: The Interim City Manager stated at the last meeting the Commission wanted her to contact the League of Cities and the Range Riders which she has done. By the end of this week she should have between five (5) and seven (7) resumes for the Commission. She will also be doing reference and background checks. Once the applications are through that process she will have them to the Commission and interviews can be scheduled for next week. She is willing to get the Commission to that point and then she would like to vacate the Interim City Manager position, but she is happy to do it till then. There was no comment or opposition of any kind from either the Mayor or Commissioners. 15. CITY COMMISSION COMMENTS: Commissioner Bradford spoke about Public Works, former Acting City Manager resigning, New Hope development, the development process, staff's workload, and keeping residents updated and getting their questions answered. Commissioner McCool spoke about encouraging mental health, providing services, charity and forgiveness, having compassion and being kind, other Districts, helping and hoping everyone gets the help they need. Commissioner King spoke about Interim City Manager's pay, how it was done and who approved it. He questioned the quasi-judicial vote on September 19, 2022 because it was an electronic vote and reasons for voting were not stated. City of Deltona Page 10 Printed on 10/11/2022 City Commission Minutes October 3, 2022 Vice Mayor Avila-Vazquez spoke about Fresco y Mas event, emails and calls from District 3, residents and staff helping/working, and she is praying everything is resolved in a timely manner. Commissioner King spoke about the Interim City Manager reaching out to the firefighter union attorney and reaching out to the City's attorney. If negotiations are not going to continue then it needed to stop and not go any further until new Commission is in place. The Interim City Manager replied she was going to proceed forward, but then Hurricane Ian came. She is going to try and get back to that this week and put the pieces together for a shade meeting. Mayor Herzberg spoke about community bond, different skill sets, everyone playing a roll, door hangers, FEMA reimbursement, residents, intent, reading the room, listening, leadership, helping, reassurance, EOC, stormwater, generators, being prepared, first responders, assessing the City, doing the best we can, unprecedented storm, staff being the backbone of the City, and staff's years of experience. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 1:00 a.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 11 Printed on 10/11/2022