City Commission
Regular MeetingDeltona, FL · October 17, 2022
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
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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.
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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;
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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
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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.
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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.
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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
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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
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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.
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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
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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
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Herzberg
Vice Mayor Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
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.
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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.
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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
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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
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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.
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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;
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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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