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City Commission

Regular Meeting

Deltona, FL · October 17, 2022

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, October 17, 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 Sosa. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of October 3, 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 October 3, 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. Update on Hurricane Ian recovery efforts. Strategic Goal: Internal/External Communication Planning & Development Services Director Ron Paradise gave an update on solid waste City of Deltona Page 1 Printed on 10/21/2022 City Commission Minutes October 17, 2022 pick-up, debris pick-up, vegetation and construction debris, flooded homes, the debris site and burning, co-mingling debris; FEMA location and Deltona presence, Votran, FEMA Assistance, strategic housing initiative partnership, hurricane deductible; permit fees, hurricane repairs, and Special Magistrate Meetings. Fire Chief Snyder gave an update on disaster assistance with FEMA, Family Resource Center locations, Bridge Center, Neighborhood Center, Second Harvest Food Bank, food delivery, City food drive, small businesses and loans, crisis clean-up, shelters assistance programs, and the Volusia County Emergency Management website. Deputy Public Works Director Phyllis Wallace gave an update on tree removal, right-of-way's, pumps, and staffs' schedule. She also gave a Stormwater Management Presentation to include Deltona's major drainage basins, Theresa Basin Outfall, Flooding in Lake Windsor Area, Flooding in Dupont Lakes, McGarity Basin Outfall, and Lake Windsor Outfall. After discussion, Mayor Herzberg recapped the discussion to include waiving disconnects and late fees, waiving permit fees relating to rebuilds due to the storm, Special Magistrate hearings have been postponed until 2023 and reallocation of storm water projects. 6. ORDINANCES AND PUBLIC HEARINGS: A. 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 second and final reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Motion by Commissioner Bradford, seconded by Commissioner King, to continue Ordinance No. 17-2022 to time certain of November 7, 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 B. 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 second and final hearing - Ron A. Paradise, Community Development Director, (386) 878-8610. City of Deltona Page 2 Printed on 10/21/2022 City Commission Minutes October 17, 2022 Strategic Goal: Community Development. The Planning & Development Services Director gave a brief explanation of the quasi-judicial hearing. City Attorney Fowler asked everyone that was to provide testimony to stand to be sworn in. Each Commissioner expressed their ex-parte communication. The Planning & Development Services Director gave a brief explanation of the project to include the staff report, 109 acre site, location, refinements made since first hearing, current and proposed zoning, housekeeping items, age restricted buildings, minimum lot size, ancillary buildings, front yard requirements, site access and travel lanes, and fair share payments. The Commission, Mr. Spittler of JBEC CORP., and staff discussed an underline/strikethrough version, total projected investment, number of changes, deferring the item, and pass-through fees. Pete Spittler, Managing Principal/COO, JBEC Corp., 809 Bridgeway Blvd., Orlando, gave a brief presentation and explained each change to include language changes, exact acreage, buildings may be built and owned separately, three acre parcel minimum, original setbacks, nine buildings unchanged, the plan did not change, clarifications made, roadway issues, Fire Department's private road, final sight plan, and each project coming through individually. The Commission and Mr. Spittler discussed covered parking, setbacks, driveways, the master plan, buffers, re-entitlement, being built and financed individually, plats, acreage, wellness center, and parking. Motion by Commissioner Bradford, seconded by Commissioner King, to adopt 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 second and final hearing. 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; City of Deltona Page 3 Printed on 10/21/2022 City Commission Minutes October 17, 2022 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 and to authorize staff to make the changes discussed previously to the development agreement and the master plan. Mayor Herzberg opened the public hearing. Tom Burbank, Deltona, spoke about Stone Island, HOA (Homeowner Association), median age and deaths, senior housing, downsizing homes, forward thinking and voting yes. Mayor Herzberg closed the public hearing. Each Commissioner voted and gave the reason for their vote. 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. 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 McCool, seconded by Commissioner King, to City of Deltona Page 4 Printed on 10/21/2022 City Commission Minutes October 17, 2022 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 second and final reading. 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: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa D. Public Hearing - Resolution No. 2022-28 Acceptance of Final Plat SD22-0009 - Island Walk South - Ron A. Paradise, Community Services Director, (386) 878-8610. Strategic Goal: Community Development The Planning & Development Services Director gave a brief explanation of the item to include 16 acre property, the goal, 57 units, property approved and entitled, it meets technical sufficiency, engineering analysis, Pegasus Principal/Stormwater Department Manager David Hamstra gave a brief presentation to include design, drainage characteristics, ponds, land use, impervious areas, landlocked system, depression area, elevations, redirection of water, Lake Tiny, flooding, surveyed by engineer, topography survey, no egregious designs or development of water, and pumping. The Commission, Mr. Hamstra and staff discussed Lake Helen Osteen Road, existing depression, dedicated ponds, property not earmarked for development, runoff, surrounding areas, Three Island Lakes and Lake Tiny, natural characteristic, wetlands, fill dirt, buffers, existing grade and conditions, capturing water, pre Hurricane Ian conditions, flooded roadways, impervious area, overtaxing the system, topography, Theresa Lake, ground water, St. John River Water Management District (STJRMD), lake levels, keeping the lakes open, pond capacity, legal challenges, sanitary sewer, stormwater, FEMA assistance and hazard mitigation grants, drainage, Tina Lee Starlight Homes, 1064 Greenwood Blvd., Suite 124, Lake Mary, spoke about engineers meeting today and the project being properly designed and being built, if help can be provided they will do that, floodplain, flood zone, wetlands, FEMA maps, and preserved area. The Commission, Interim City Manager and Ms. Lee continued to discuss flood areas, raised lots, the design, preserved wetlands, 100-year floodplain, past hurricanes, doing more research, engineer design standards, zoning entitlements, the City purchasing the property and continuing the item. City of Deltona Page 5 Printed on 10/21/2022 City Commission Minutes October 17, 2022 Motion by Commissioner McCool, seconded by Commissioner Ramos, to continue Resolution No. 2022-28, until the next scheduled time certain meeting of November 7, 2022. 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: 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 United Healthcare contract for Health and Dental Insurance. - Rebecca Wilk, Human Resources (386) 878-8754. Strategic Goal: Fiscal Services Motion by Commissioner Bradford, seconded by Commissioner King, to approve and award the agreement to United Healthcare for health and dental insurance for a total annual cost of $5,206,597, which reflects premiums shared by the City and employees. 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. Nick Lulli, Deltona, spoke about PIO vacancy, interview, errors and styles, YouTube page, City website, Facebook video, food truck event, media, and his contact information. Troy Shimkus, Deltona, spoke about hurricane support, Deltona United Church of Christ, Annual Harvest Festival, Hurricane clean-up, and staff support. City of Deltona Page 6 Printed on 10/21/2022 City Commission Minutes October 17, 2022 Tom Burbank, Deltona, spoke about projects, food truck parking, planning for future, handicapped parking, ADA minimum standards, promulgated standards, FDOT standards, and considerations. Edwin Lasanta, Deltona, spoke about rainfall, Deputy City Manager, and a pattern of disrespect. Chris Collier, Deltona, spoke about moving dirt, retention ponds, storm maintenance, pumping, flooding, prevention, lake levels, and cubic feet of water. Elbert Bryan, Deltona, spoke about Special Commission Meeting on October 12, 2022, public record requests, dual roles, intelligent people, life times, infrastructure, mitigating wetlands, Florida Native Indians, and compassion. Brandy White, Deltona, spoke about the presentation, hurricane support updates, cul-de-sac capacity, empty retention pond, grant writer, and Interim City Manager selection and cost. 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. Commissioner Sosa requested to pull Item 11-B for discussion. Motion by Commissioner Bradford, seconded by Commissioner Ramos, to approve Consent Agenda Items 11-A and 11-C. 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 A. Community Development Analysis of Impediments Contract - Request for approval to award an amount not to exceed $30,000.00 to the Florida City of Deltona Page 7 Printed on 10/21/2022 City Commission Minutes October 17, 2022 Housing Coalition - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Fiscal Issues- grant management Approved by Consent Agenda - to direct staff to award the contract in an amount not exceed $30,000.00 to Florida Housing Coalition, for the development and completion of the 2023 Analysis of Impediments. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. B. Request approval of award of Bid # PW22046 to McMahan Construction Company Inc. for the Fisher Wastewater Treatment Facility Improvements in the amount of $1,183,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Motion by Commissioner Sosa, seconded by Commissioner Ramos, to approve the Award of Bid #PW22046 for the Fisher Wastewater Treatment Facility Improvements, to McMahan Construction Inc., in the amount of $1,183,500.00. 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: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa C. Request approval to award Bid # PW22049 for the As Needed Chemicals and Chemical Feed Equipment to Hawkins, Inc. at an annual budget expenditure of $600,000.00 for As Needed Chemicals and an annual budgeted expenditure of $40,000.00 for As Needed Chemical Feed Equipment for a total of $640,000.00 - Glenn Whitcomb Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve the award of bid to Hawkins, Inc. for As Needed Chemicals and As needed Chemical Feed Equipment at an annual budget expenditure of $640,000.00. The Interim City Manager has the authority to make corrections of scrivener’s City of Deltona Page 8 Printed on 10/21/2022 City Commission Minutes October 17, 2022 errors and the like. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Ramos gave an update on the TPO (Transportation Planning Organization) Executive Committee meeting two weeks ago and having Colleen Nicoulin be the Executive Director of the TPO if all goes well. Commissioner McCool requested that two gentlemen give a presentation for six to seven minutes each at the next Regular Commission Meeting regarding post hurricane drone footage they took and the Commission Concurred. Vice Mayor Avila-Vazquez requested to have mosquito spraying done around Deltona, especially in the areas that are still flooded. Mayor Herzberg replied the County received grants regarding mosquito spraying and they were handling that. Mayor Herzberg gave an updated on a meeting last Thursday in Daytona with Secretary of the Florida Department of Transportation (FDOT) Jared Perdue, District 5 Secretary John Tyler, St. Johns River Water Management District Mr. Bartlett, Senator Wright and others discussed how badly Volusia County as a whole was impacted by Hurricane Ian and are ready to act. 13. CITY ATTORNEY COMMENTS: City Attorney Fowler stated when the Commission approved and appointed Mr. Chisholm as the Interim City Manager last week. The direction was to put together a contract and he spoke to him and his attorney on Friday who provided him with a draft. He spent a couple of hours with Mr. Chisholm and it is down to two items compensation and term. He asked if the Commission wanted to appoint someone from the Commission to discuss those two terms but, either way he suspects it will be resolved for the next meeting. Motion by Commissioner King, seconded by Mayor Herzberg, to appoint Commissioner McCool to sit in on contract negotiation between the City Attorney and the Interim City Manager: 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 Commissioner Bradford asked if the Commission needed to make a motion to official make Mr. Chisholm the Interim City Manager or was it confirmed that when the Commission made their motion last week that it was to put Mr. Chisholm in as the Interim City Manager immediately. City of Deltona Page 9 Printed on 10/21/2022 City Commission Minutes October 17, 2022 City Attorney Fowler replied the Commission made the motion to appoint Mr. Chisholm as Interim City Manager and directed that the contract be drafted. 14. CITY MANAGER COMMENTS: The Interim City Manager stated it is a pleasure to be here and be a part of this organization and work for the City of Deltona. It is exciting to be part of the process and he thinks we are going to solve a lot of problems in the few months he will be here and find someone who can be long term. Tonight, was a good meeting in many ways, it answered a lot of the questions the public had drainage and the concerns the City has about the systems that we deal with. It is a very complicated process in itself and he doubts there will be quick remedies to some of these problems because of the nature of it but, certainly staff has produced and is willing to be part of the solution to the problem. He commended both the Deputy Public Works Director and Deputy Utility Director for a super job assisting in meeting the needs of the public and working with him particularly. The Planning & Development Director has been really good helping him through this process and he has enjoyed the short time that he has been here so far. 15. CITY COMMISSION COMMENTS: Commissioner McCool spoke about Lakeshore Project and additional funding, State Representative Fetterhoff, resident Nick Lulli, progressing the City, PIO (Public Information Office), drone footage, Union negotiations, Deputy City Manager, staff and residents, non-profits, Stone Island, and Deltona Strong. Commissioner Ramos spoke about mosquito spraying, debris pick-up and City staff. Commissioner Bradford spoke about the hiring process, Deltona Strong, food truck parking, Deputy City Manager, disrespect, grant writing, Interim City Manager compensation and hiring, Commission differences and opinions, debris pick-up, staff, and the City food drive event. Commissioner Sosa spoke about debris removal, unanswered questions, RCM (Regular Commission Meeting) September 19, 2022, Deputy City Manager, and Interim City Manager. The Commission discussed City Attorney Segal-George, opinions, consent, legal opinions, City Charter, SCM (Special Commission Meeting) October 12, 2022, reprimands, investigation, interview process, Interim City Manager candidates and the deadline for applications. Vice Mayor Avila-Vazquez spoke about scoring the Interim City Manager applicants, flooding, City food drive, New Hope Services food drive, and Fresco's event and free breakfast. Mayor Herzberg stated she received a request from the Stewart Marchman City of Deltona Page 10 Printed on 10/21/2022 City Commission Minutes October 17, 2022 Navigate Program who would like to make a presentation before the Commission and the Commission concurred. Mayor Herzberg spoke about an email from Valerie Vadney, Florida City Government Week, first responders, being nice and kind, misinformation driven by emotion, pumping and moving water, retention ponds, accusations and having proof. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 11:04 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 11 Printed on 10/21/2022

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, October 17, 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 Sosa. 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 October 3, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: October 3, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Update on Hurricane Ian recovery efforts. Strategic Goal: Internal/External Communication Background: This item is so staff can provide an update on Hurricane Ian recovery efforts. City of Deltona Page 1 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 OPTIONS: 1. N/A 6. ORDINANCES AND PUBLIC HEARINGS: A. 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 second and final 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). 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. City of Deltona Page 2 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 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. On September 19, 2022, the City Commission heard the Howland Blvd. Market Place BPUD rezoning request. The City Commission voted unanimously to approve this ordinance on first reading. There have been questions about enhanced pedestrian access and safety. The applicant has set up a meeting with Volusia County to address potential pedestrian upgrades. The meeting is scheduled October 13, 2022 and there will be a verbal update based on that meeting. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. 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 City of Deltona Page 3 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 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. 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.PDF B. 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 second and final hearing - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Background: The City of Deltona received an application to rezone approximately 109.71 acres land from Business Planned Unit Development (BPUD) and Agriculture (A) to Mixed Use Planned Unit Development (MPUD). The goal is to continue commercial development along the southern segment of Halifax Crossings Blvd.; create a multi-family node situated along the west side of Halifax Crossings Blvd. just south of the UF/Halifax Hospital site; and synergistically dovetailing with the existing City of Deltona Page 4 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 UF/Halifax Hospital complex, develop an age restricted medical neighborhood which will feature services and care specific living opportunities to promote a healthy lifestyle for those in the ‘senior’ period of life. The age restricted ‘Medical Village’ is modeled after the Lake Nona Medial Village project located in Orange County, FL. The subject property along with the areas currently developed with the McDonalds, Wawa convenience center and the UF/Halifax Hospital complex was rezoned by the City to Business Planned Unit Development (BPUD) in 2014. The BPUD known as the Halifax Crossings BPUD entitled the property for a range of uses. The uses were split into two areas. One area, referred to as ‘Area A’ was generally located along and at the northern terminus of the Halifax Crossings Blvd. corridor. Uses in Area A included expansive retail and commercial service options, a range of medical services and a hospital. The remaining area, ‘Area B’, located generally east of the hospital was earmarked for less intensive uses including adult care homes, living facilities, offices, etc. The Halifax Crossings BPUD did implement a goal of the City to improve medical care coverage within the City. Currently, the UF/Halifax Hospital is a premier medical operation serving health needs of the City and surrounding southwest Volusia area. The entire Halifax Crossings BPUD when improved in 2014 consisted of about 148 acres of land. The goal of the requested MPUD rezoning is to change uses to include residential options, including an age restricted medical village, and to add extra land to the project which was not included within the original BPUD. The extra area being added to the project consists of 32,475 square feet (.75 acre) of land. This area is zoned Agriculture (A). The .75-acre area is part of a 1925 vintage antiquated plat known as Davis Park 5th Addition. This area in 2014 was not owned by the applicant (Trafalgar Holdings LLC.) and was considered an inholding within the Halifax Crossings BPUD project. Since the 2014 approval of Halifax Crossings, the owner has acquired the .75-acre area and is proposing it be added to the requested Halifax Crossings MPUD. Adding this inholding to the MPUD is logical since it will unify the area and allow for comprehensive land use management. The MPUD project as proposed includes six (6) development districts. The districts are summarized as follows: 1) Commercial District - 21 acers and earmarked for traditional commercial uses including a hotel. 2) Multi-Family Primary District - 13.5 acres and proposed to be developed with a multifamily complex of no more than 275 units. City of Deltona Page 5 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 3) Wellness Center District - 6.3 acres and will support a building catering to the wellness needs of the age restricted Medical Village. 4) Medical Support Facilities District - 15 acres and will support several buildings providing a range of health care options like assisted living, memory care and nursing care. 5) Multi-Family Residential Age Restricted District - 25 acres and this district is proposed to be developed with nine (9) multi-family buildings totaling no more than 420 age restricted units. 6) Cluster Residential Age Restricted District - 19 acres. Will be geared towards independent living featuring courtyard-oriented nodes consisting of four (4) units each with a maximum density of 80 units. For more information see the attached staff report and supporting documentation including the written MPUD development agreement. On September 21, 2022, the Planning and Zoning Board is scheduled to hear the rezoning request. Staff will provide a verbal update regarding the Planning and Zoning Board recommendation at the October 3, 2022 meeting. On October 3, 2022, the City Commission heard the Halifax Crossings MPUD rezoning request. The City Commission voted unanimously to approve this ordinance on first reading. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the Halifax Crossings MPUD as part of Ordinance No. 18-2022. Advantages: 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; City of Deltona Page 6 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 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. Disadvantages: a) The MPUD will generate traffic on the existing high-volume transportation network; and b) The residential elements, especially the proposed non-age restricted apartment District along Halifax Crossings Blvd. will use land that could be used for employment oriented commercial/service/office activities. 2. Do not approve the MPUD for a retail center as part of Ordinance No. 18-2022. Advantages: a) Traffic impacts may be deferred under the existing Halifax Crossings BPUD. Disadvantages: a) The property may be developed in a manner that does not fully take advantage of the medical synergy offered by the UF/Halifax Hospital complex; and b) An opportunity to diversify housing choice within the City, especially for senior housing will be lost. City of Deltona Page 7 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 Attachments: Halifax MPUD Staff Report Halifax Crossings MPUD Maps Ordinance 18-2022- Halifax Crossing MPUD Exhibit A MPUD DA Exhibit B Legal Description Exhibit C - Master Development Plan EXHIBIT D list of uses comm district Exhibit E - Roadway Cross Sections Exhibit F - Summary of Trip Generation Legl Ad - Ordinance No. 18-2022.PDF C. 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 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 purpose of the moratorium was to allow for community outreach regarding growth and development with the intent of updating City land development policies and regulations. In preparation for the moratorium, City staff, on May 31, 2023, initiated a request for proposal (RFP) process to solicit proposals from planning firms to assist in the public scoping process. A limited response was garnered from two RFP cycles. Therefore, City staff recruited a qualified consultant through a piggy-back arrangement with another local government. The contract with the consultant, Axis Infrastructure, is scheduled for approval/acceptance by the City Commission on September 19, 2022. The Axis Infrastructure public interface process is intended to take about 12 months. This is not unusual for a project of this nature and scope especially taking into consideration the upcoming Thanksgiving and Christmas holidays. The existing Ordinance No. 12-2022 moratorium is scheduled to end on December 31, 2022. However, there is an option to extend the temporary moratorium another three months. Proposed Ordinance No. City of Deltona Page 8 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 21-2022 will extend the temporary moratorium another three months with a termination date of March 31, 2023. All associated terms of under the Ordinance No. 12-2022 temporary moratorium will still be applicable to the Ordinance No. 21-2022 extension. There is recognition the public scoping process will protract beyond the extended temporary moratorium sunset date of March 31, 2023. However, it is anticipated much information will be yielded through robust public outreach occurring through the first and second quarters of 2023 of which to predicate the initiation of interim changes to City land development policies and regulations. Proposed Ordinance No. 21-2022 extending the temporary moratorium until March 31, 2023 is attached. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Ordinance No. 21-2022 extending the temporary moratorium until March 31, 2023. Advantages: a. The extension of the moratorium will give time for the planned public scoping to occur; b. There will be no requests for single-family land use entitlement increases during a good portion of the public scoping process; and c. The proposed moratorium extension is legally defensible. Disadvantages: a. Requests for increases of density entitlements for single-family dwellings will be further delayed; and b. The City does assume a greater liability of legal challenge. 2. Do not approve Ordinance No. 21-2022 extending the temporary moratorium until March 31, 2023. Advantages: a. Requests for increases of density entitlements for single-family dwellings will not be delayed; and b. Risk of legal challenge will be minimized. Disadvantages: a. There will be less time for public scoping to occur without threat of a request for an increase of single-family dwelling unit entitlements. City of Deltona Page 9 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 Attachments: O-21-2022 Moratorium Extension Legal Ad - Ordinance No. 21-2022.pdf D. Public Hearing - Resolution No. 2022-28 Acceptance of Final Plat SD22-0009 - Island Walk South - Ron A. Paradise, Community Services Director, (386) 878-8610. Strategic Goal: Community Development Background: Island Walk South Final Plat Application (SD22-0009) is a proposal to subdivide approximately 15.97 acres of land known as the Three Island Lake South Residential Planned Unit Development (RPUD). The Three Island Lake South Planned Unit Development, including lot sizes, density, access, etc. represents implementation of already determined City policy approved in 2020 (Ordinance No. 09-2020). The proposed subdivision provides for 57 single-family lots (typical 40’x120’), open space tracts, landscape buffer tracts, stormwater tracts, conservation tract, an emergency access tract, dog park tract, and two (2) streets to be dedicated to the City as Public Rights-of-Way (ROW) via Tract S. The subdivision will provide a direct connection to Lake Helen Osteen Road, and provide a stub-out of Island Pond Road to the property to the west. Consistent with Land Development Code Section 96-76, staff received a Performance Bond (bond) in the amount of $2,592,293.00. Review of plats are technical in nature. These reviews involve a range of engineering-oriented matters and represents the implementation of already decided policy - i.e. terms of the Three Island Lake South RPUD. Therefore, based on the technical review of City staff (Development Review Committee), the final plat complies with all standards established in the Three Island Lake South RPUD Development Agreement, Chapter 106 of the City Land Development Code, and Chapter 177, Florida Statutes. Plat details including a location map are part of Exhibit “B” of attached Resolution No. 2022-28. On October 3, 2022, the City Commission requested the project be reviewed in light of recent flooding within the area. City Public Works staff and a consulting engineer did review the site after the hurricane . A verbal report will be presented to the City Commission on October 17, 2022. The Interim City Manager has the authority to make corrections of City of Deltona Page 10 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 scrivener’s errors and the like. OPTIONS: 1. Approve Resolution No. 2022-28 and accept the plat. Advantages: a. The project will be developed in accordance with all City and State technical requirements. b. The plat is consistent with already determined City policy regarding an approved RPUD zoning. c. A bond will be afforded to ensure infrastructure is constructed to appropriate specifications Disadvantages: a. None. 2. Do not approve Resolution No. 2022-28 and do not accept the plat. Advantages: a. None Disadvantages: a. Since the plat comports with all technical and policy, not approving/accepting the plat would be difficult for the City to defend. Attachments: Resolution No 2022-28 Island Walk South - City of Deltona -Performance Bond 09-06-2022 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request for approval of United Healthcare contract for Health and Dental Insurance. - Rebecca Wilk, Human Resources (386) 878-8754. Strategic Goal: Fiscal Services Background: Staff conducted an RFP for fully insured health and dental insurance products. The City received six (6) bids for health coverage and eleven (11) proposals for dental coverage. The focus was on the services provided, cost, project approach, and continuation of current coverage levels. A Selection Committee was formed, including two Human Resources staff members and a representative from the Firefighter’s Union. A unanimous decision was reached to select United Healthcare for health and dental coverage. The agreement for the services is attached. The combined cost savings for the City and employees based on current enrollment is $240,897.00. City of Deltona Page 11 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 OPTIONS: 1. Approve the agreement with United Healthcare for approved health and dental services at a lower cost than the current provider. 2. Do not approve the agreement and stay with Cigna Healthcare at a higher cost. Attachments: RFP_Agenda Memo Attachment_10-17-2022_REVISED.pdf Agreement-United Healthcare.pdf 9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. However, individual Commissioners may wish to respond under their "City Commission Comments". Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Citizen comments for any items. (4 minute maximum length per speaker) 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. A. Community Development Analysis of Impediments Contract - Request for approval to award an amount not to exceed $30,000.00 to the Florida Housing Coalition - Ron A. Paradise, Director Community Services (386) 878-8610. Strategic Goal: Fiscal Issues- grant management Background: The City is an entitlement community and receives funds from the U.S. Department of Housing and Urban Development (HUD). As an City of Deltona Page 12 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 entitlement community, there are many programmatic mandates and requirements for receipt and use of these funds. Every five (5) years the City must undertake an Analysis of Impediments (AI) report. This document ensures the City is addressing the needs of the Community. The City contracts this work to experts which have experience in conducting the public participation element of the Analysis of Impediments and has the ability to prepare the required documentation for HUD. The report also dovetails with the 5-Year Consolidated Plan (Con Plan) and serves as a road map for the Annual Action Plan (AAP). Florida Housing Coalition has been chosen to perform the AI and the draft of this document will be provided to the City Commission for their review. The AI and Con Plan must be adopted and sent to HUD by August 2023. The estimated proposal for this document is $27,000.00. A copy of the scope of work is attached. The AI will include, but not be limited to, the following public outreach: 1. Developing a survey published online and promoted through social media, at public meetings, and through other outlets 2. Provide an analysis of policies, ordinances, and regulations - Federal, State, and local-with regard to fair housing, zoning, impact fees, code compliance, property taxes, etc. 3. Real estate analysis, impediments to housing for handicapped persons, disabled persons, and veterans. Finally, the Florida Housing Coalition will present the AI draft findings to the City Commission in a public hearing and obtain feedback on these findings for incorporation into the final document in May of 2023. The prepared AI will be consistent with all applicable HUD requirements and guidelines including, but not limited to, the HUD Fair Housing Planning Guide. The AI shall also adhere to all requirements of the Housing and Community Development Act of 1974. Finally, the estimated scope of work by the Florida Housing Coalition exceeds the $25,000 spending limit which requires the project to be advanced to the Commission for review and approval. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: Approve the Florida Housing Coalition preparing the AI for the City of Deltona Advantages 1) The City will continue to receive funding from the U.S Department of Housing and Urban Development. Disadvantages City of Deltona Page 13 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 1) None. Do not approve the Florida Housing Coalition preparing the AI for the City of Deltona Advantages 1) None. Disadvantages 1) The City could lose HUD funding for various City projects like parks, stormwater, housing, and public services. Attachments: Florida Housing AI Bid 2022-2026 (CDBG) B. Request approval of award of Bid # PW22046 to McMahan Construction Company Inc. for the Fisher Wastewater Treatment Facility Improvements in the amount of $1,183,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: The Fisher Wastewater Facility is in need of improvements to continue with the proper operation of the facility and to comply with the Consent Order issued by FDEP. The effluent holding pond has been experiencing excessive nitrogen levels. Based on the Fisher Wastewater Treatment Facility improvements feasibility evaluation, this project will add process piping to connect the contact tank to the stabilization basin for improved nitrification which will result in lower nitrogen levels and enable the plant to stay in operation with these proposed modifications to the treatment process. The City received three (3) bids for Bid #PW22046 for Fisher WWTF Improvements - MLE Process. The low bid in the amount of $1,183,500.00 was received from McMahan Construction Company Inc. Staff is requesting approval to award of bid #PW22046 for Fisher WWTF Improvements to MLE Treatment Process based on the competitive bid process utilized by the City of Deltona Purchasing Department. The bids received for this project were as follows: McMahan Construction Company - $1,183,500.00 SGS Contracting Services Inc. - $1,450,470.00 Carr & Collier Inc. - $1,662,847.00 Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission City of Deltona Page 14 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 approval of this item. OPTIONS: 1. Approve - Proceed with the project and make necessary improvements to the Fisher Wastewater Treatment Facility. 2. Deny - Project will not be completed and we will be in violation of Consent Order issued by FDEP for the Fisher Wastewater Treatment Facility. Attachments: Fisher WWTF Improvements Bid.pdf C. Request approval to award Bid # PW22049 for the As Needed Chemicals and Chemical Feed Equipment to Hawkins, Inc. at an annual budget expenditure of $600,000.00 for As Needed Chemicals and an annual budgeted expenditure of $40,000.00 for As Needed Chemical Feed Equipment for a total of $640,000.00 - Glenn Whitcomb Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: The City of Deltona’s Water Plants and Wastewater Plants utilize various chemicals for the water treatment and wastewater treatment processes as required Florida State statutes and the operating permits issued by the Florida Department of Health and the Florida Department of Environmental Protection for disinfection of said processes for potable drinking water. The City received one (1) bid for Bid #PW22049 for As Needed Chemicals and As Needed Chemical Feed Equipment. The sole bid in the amount of $640,000.00 was received from Hawkins, Inc. Staff is requesting approval to award of bid #PW22049 for As Needed Chemicals and As Needed Chemical Feed Equipment to Hawkins, Inc. based on the competitive bid process utilized by the City of Deltona Purchasing Department. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. OPTIONS: 1. Approve award of chemicals for Water Treatment Plant Operations to continue operations of plants. 2. Deny approval for award of chemicals for Water Treatment Plants. Attachments: Hawkins Bid.pdf City of Deltona Page 15 Printed on 10/12/2022 City Commission Regular Commission Meeting October 17, 2022 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 16 Printed on 10/12/2022

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