City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, December 12, 2022 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: Commissioner Avila-Vazquez introduced Nick Pizza with Nick Pizza, Inc. who presented three students, Yaya Santos, Yirelis Merced, and David Castro who sang Christmas Carols. 3. ROLL CALL – CITY CLERK: Present: 6 - Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Colwell Commissioner JodyLee Commissioner McCool Absent: 1 - Commissioner Burbank 4. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #3 Commissioner. 2. 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. (6:30 to 7:00 PM) Alexander Ramos, Deltona, spoke about Boas Ramos Veterans Association, his dad, Veteran's needs, SOARS (Central Florida Cares Health System, Inc.) the Department of Children & Families (DCF), Affordable Connectivity Program (ACP), HUD/Section 8, and clinics. Mel Himes, Deltona, spoke about flooding, Public Works, State Representatives, the Mackle Brothers, an emergency order, creeks/canals/drains, future development, and the Governor. City of Deltona Page 1 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Mark Masterson, Deltona, spoke about Code Enforcement issue, a neighbors light, business restrictions, his fence, variances, a neighbor dispute, and possible solutions. Nick Lulli, Deltona, spoke about barriers, working together, staff, Town Halls, accidents and roadways. Delterrorist 1776, Deltona, spoke about Town Halls, residents' decorations, Housing & Urban Development (HUD) and funds. Robert Trombetta, Deltona, spoke about an incident at last meeting, comments, controlling the meeting, interruptions, meeting attendance, outside incident, name calling, verbal threats, Volusia Sheriff's Office (VSO), and productive meetings. Carol Sheehan, Deltona, spoke about not attending meetings, people in fear, an election incident, and being uncomfortable. David Sosa, Deltona, spoke about changes, AMI meters, moratorium, impact fee study, pass-through ordinance, Parks Master Plan, accreditations, ABM, and Hickory Oaks lawsuit Resolution No. 2021-26. Richard Bellach, Deltona, spoke about free speech, Constitution, meeting attendance, confrontation and incidents. Commissioner Avila-Vazquez called point of order, no personal attacks to residents. Richard Bellach continued to speak about accusations, name calling, and development. Commissioner Avila-Vazquez called point of order, no personal attacks. Richard Bellach continued to speak about an audit, personal attacks, incidents, guns, and a resident's comments. Adam Vazquez, Deltona, spoke about boards, misinformation, stormwater & transportation issues, name calling, funding, and Howland Blvd. 5. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Special Commission Meeting of October 12, 2022 and the Regular Commission Meeting of November 28, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to approve the minutes of the Special Commission Meeting of October 12, 2022 and the Regular Commission Meeting of November 28, 2022, as presented. The motion carried by the following vote: City of Deltona Page 2 Printed on 12/20/2022 City Commission Minutes December 12, 2022 For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 6. PRESENTATIONS/AWARDS/REPORTS: A. Proclamations to Glenn Ritchey, Sr. and Halifax Health for their generous donations to the City of Deltona’s Thanksgiving Turkey Drive-Thru event. 7. ORDINANCES AND PUBLIC HEARINGS: A. Public hearing - Request for approval of the program year 2021-2022 CDBG Consolidated Annual Action Performance and Evaluation Report (CAPER) - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Community Development Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to approve the Program Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) and direct the Interim City Manager to transmit the report to the U.S. Department of Housing and Urban Development. 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: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool B. Public Hearing - Ordinance No. 22-2022, amendment to the City’s Future Land Use Map by changing the Future Land Use designation on a ±34.8-acre area from Commercial (C) to Medium Density Residential (MDR), at second and final hearing - Ron A. Paradise, Community Services Director, (386) 878-8610. Strategic Goal: Community Development Planning & Development Services Director Ron Paradise gave a brief explanation of the item. He also explained that the next item (Item 7-C) cannot be heard unless this item (Item 7-B) is approved by the Commission. Commissioner McCool and Mr. Paradise discussed lighting, schools, and concurrency. City of Deltona Page 3 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Commissioner JodyLee stated that Commissioner Burbank emailed a statement that he wanted read into the record and the Deputy City Clerk read the statement. Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor Bradford, to adopt Ordinance No. 22-2022, amending the Future Land Use Map by changing the Future Land Use designation on a ?34.8-acre area from Commercial (C) to Medium Density Residential (MDR), and direct the interim City Manager to submit the amendment to the Department of Economic Opportunity (DEO) at second and final reading. The Interim City Manager has the authority to make corrections of scrivener's errors and the like. The applicant's Attorney Glenn Storch, Storch Law Firm, 420 S. Nova Road, Daytona Beach, gave a partial presentation to include comprehensive plan amendments and project and development agreement, and Comprehensive Plan. Commissioner McCool and Attorney Storch discussed the TIA (Traffic Impact Analysis), critical and near critical intersections/roadways, traffic, school board letter, site plan, proportionate share and impact fees, restaurant site, buffers, and stormwater. The City Attorney stated that Attorney Storch would answer all these types of questions in the second part of presentation, Item 7-C. The City Attorney read the title of Ordinance No. 22-2022 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, PERTAINING TO THE COMPREHENSIVE PLAN; PROVIDING FOR A SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR A PORTION OF THE PROPERTY LOCATED AT 2965 HOWLAND BOULEVARD REFERENCED AS PARCEL 8109-00-00-0064 AND FOR ALL OF PARCEL 8109-00-00-0070 LOCATED JUST NORTH OF CATALINA BOULEVARD FROM COMMERCIAL (C) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool C. Public Hearing - Ordinance No. 24-2022, amendment to the Official Zoning Map to rezone approximately 34.83 acres of land from Business Planned Unit Development (BPUD) and Retail Commercial District (C-1) to City of Deltona Residential Planned Unit Development (RPUD) at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. City of Deltona Page 4 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Strategic Goal: Community Development The City Attorney explained the quasi-judicial process and asked that everyone that had standing who would like to provide testimony on this item to stand to be sworn in. Each Commissioner expressed their ex-parte communications. Planning & Development Services Director Ron Paradise gave a brief explanation of the location, units, taxes, Development Agreement and topics, showcase development, and second hearing. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve Ordinance No. 24-2022, amending the Official Zoning Map to rezone ?34.83 acres of land from Business Planned Unit Development (BPUD) and Retail Commercial District (C-1) to City of Deltona Residential Planned Unit Development (RPUD) at first reading, direct staff and the applicant to continue to work on finalizing the RPUD Development Agreement and schedule the second and final reading for January 17, 2023. The Interim City Manager has the authority to make corrections of scrivener's errors and the like. Attorney Storch continued with his presentation to include PD - RD Agreement, Quality Project - Required Amenities, Conceptual Renderings, Environmental, Interaction with Neighbors, Professional Property Management Required, Catalina Pointe Access, Restaurant Site, Opportunity for the City of Deltona, and Conclusion. Commissioner McCool, Attorney Storch, Dave Holden with Quigg Engineering and Mr. Paradise discussed buffers, landscaping, natural vegetation, tree preservation, the pass-through ordinance, legal interaction, Planning & Zoning (P&Z) Board's vote, retention ponds, aesthetics, and commercial buffers. Mayor Avila opened the public hearing for those with standing and there were none. Mayor Avila opened the public hearing. Larry French, Deltona, spoke about good plan, present practices, soil information, natural elevation and depression, future and past development, aerials, leveling land, acreage, tree preservation, buffers, green areas, Comprehensive Plan, Tree City, and being responsible. Attorney Glenn Storch spoke about walking trails and equipment used. Elbert Bryan, Deltona, spoke about vegetation, native plants, grass, water issues, cottage square footage, rent, access, gates, traffic, signalization, and turn lanes. Attorney Storch spoke about natural vegetation and irrigation, unit sizes, traffic, and other City of Deltona Page 5 Printed on 12/20/2022 City Commission Minutes December 12, 2022 hearings. Mayor Avila closed the public hearing. The City Attorney read the title of Ordinance No. 24-2022 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±34.83 ACRES OF LAND LOCATED AT THE INTERSECTION OF HOWLAND BOULEVARD AND CATALINA BOULEVARD FROM BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) AND RETAIL COMMERCIAL DISTRICT (C-1) TO CITY OF DELTONA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD); PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 8. OLD BUSINESS: A. Consideration of one (1) alternate Commission representative to the River To Sea Transportation Planning Organization (R2S TPO) - Joyce Raftery, City Clerk Department (386) 878-8500. Strategic Goal: Internal/External Communications Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to appoint Commissioner Jodylee as the City Commission's alternate representative to the River To Sea Transportation Planning Organization. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 9. NEW BUSINESS: A. Consideration of appointment of a City representative to the Tourist Development Council (TDC) - Joyce Raftery, City Clerk's Office (386) 878-8100. Strategic Goal: Internal and External Communications Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, City of Deltona Page 6 Printed on 12/20/2022 City Commission Minutes December 12, 2022 to appoint Commissioner Avila-Vazquez as the City's representative to the Tourist Development Council (TDC). The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool B. Request for approval of Resolution No. 2022-46, Budget Amendments for Community Development Block Grant (CDBG) and the General Fund, - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to approve Resolution No. 2022-46, Budget Amendments for the General Fund and Community Development Block Grant (CDBG). The Interim City Manager has the authority to correct scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Avila-Vazquez requested that someone look at the road in front of Firefighters' Memorial Park which has a large hole in it. She requested that the pile of dirt in the parking lot at Firefighters' Memorial Park be removed to free up parking spaces. City of Deltona Page 7 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Commissioner McCool requested that by the next meeting the Commission receive updates on the City Manager search and the Lakeshore project. Commissioner Jodylee requested consensus from the Commission for the City to enter into a long-term lease with the American Legion for the property (2.3 acres) next to Veterans' Memorial Park and the property will be used for Veterans. After discussion, the Commission concurred to have the Interim City Manager discuss with the American Legion a possible long-term lease with them for the property next to Veterans' Memorial Park and to make it available to all branches of the military. Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to terminate the law firm of Fowler, O'Quinn, Feeney and Sneed affective 90 days from today and have the Interim City Manager find a replacement and bring forward within 30 days recommendations. Commissioner McCool stated for clarification, she has talked to the Interim City Manager about rolling out an RFP (Request For Proposal) at the same time for both a City Manager and a City Attorney. Commissioner Jodylee requested to make sure the Attorney's billing between now and the 90 days is monitored and tracked by the Interim City Manager so it does not go in excess of normal charges. Also, to leave everything that has to be done up to the Interim City Manager who has experience in these matters. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Commissioner Bradford asked that the Interim City Manager bring back after the first of the year his ideas. She would have no problem appointing someone to be here if it goes past the 90 days. Attorney Segal-George is an independent contractor who knows the City and the things going on. She does not want to be without representation and have someone jump in that does not know what is going on. She suggested Attorney Segal-George step in until the City has a new City Attorney, if she is interested. City of Deltona Page 8 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Commissioner McCool reminded everyone to include in the RFP the new City Charter changes, that Charter Officers need to live within 25 miles of the City. Mayor Avila requested if possible, to look for an in-house attorney instead of a law firm. The Interim City Manager replied in either case it depends on the attorneys. A group of attorneys have more resources with greater strengths than one attorney. If you hire one attorney he is going to hire other attorneys. Commissioner McCool spoke about ADA compliance, complaints, harassment, public records, hostile work environment, claims of disability, violence against women and she asked that legal and the Interim City Manager look into the issue, she wants it investigated. Commissioner Bradford requested to verify if there are any ECHO (Environmental/Ecological, Cultural, Historical/Heritage or Outdoor) funds available and what projects can be done with those funds. She requested a copy of the report on the former Deputy City Manager. She spoke about decorum, point of order, residents' safety, and meeting attendance. Also, on Facebook there was a flyer that read "First Lady of Deltona event" and that the event used to be hosted by the City, and is the City not hosting the event anymore. Mayor Avila replied he is married so his wife is the First Lady. The person who initially started these events was himself before he turned it over to the City. It is providing a service to the special needs community/residents and after speaking to the Interim City Manager he will remove the City logo. Commissioner Bradford stated the procedure is that the Mayor or Commissioners who want to promote an event have to get a consensus from the entire Commission. The point of this is to educate the Commission that there is a process and she does not consent to somebody's spouse putting on an event. If the Mayor wants to put on the event then she is fine with it. She stated the Mayor is the seventh Commissioner and read the City Charter, Section 5. City Commission., (4) The Mayor: Powers and Duties. If something is done or allowed by one Commissioner than it need to be the same across the board and if the rules need to be changed then we need a consensus to do that. The question, is there a consensus for this event or will it be left as it is? Commissioner McCool requested to have a workshop on the Commission Operating Guidelines & Meeting Rules and Procedures and City/Commissioner events. Commissioner Jodylee asked if the City is paying for the use of The Center and Mayor Avila replied he spoke with the Interim City Manager and either he is going to pay for it or he will find a sponsor. Commissioner McCool suggested to have a workshop on the Commission Operating Guidelines & Meeting Rules and Procedures and events or City sponsored events and the Commission concurred. City of Deltona Page 9 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Mayor Avila asked if the City has a Title II ADA Coordinator and if not, can we get consensus on finding one. The Interim City Manager replied we do not have anyone with that title but, at the same time he will have to look and see what that means and the necessity of doing it in light of what was brought up. Just because someone says it, does not mean we need one. The City Attorney stated when Mr. Peters was the Acting City Manager he had three, the Human Resources Director who handled hiring and employees; the Building Official who handled issues regarding structures; and the third was the Acting City Manager who handled code issues. There is someone in the Planning & Development Services Department who received additional training and the complaint that was filed is being handled by the City's insurance carrier who has an extensive file. Primarily the issues are around this individual sending an unbelievable number of public records requests that continue to clog up the system. The Interim City Manager stated the only case right now is the one that he has pushed forward and the City Attorney agreed and the normal day to day issues staff has dealt with them. She does not want anyone to have the impression that nobody is handling or has not been handling these types of issues in the past and continue to deal with. Mayor Avila requested a workshop on the moratorium and the Interim City Manager replied we are working on a scope of service to rewrite the code that might be necessary and some education on actually declaring a moratorium to include what is the exposure when you do it. Mayor Avila requested an update on the Lakeshore project, figure out a way of accountability and any report or status on that. The Interim City Manager replied he will be giving a report on that tonight. Mayor Avila asked if we have started the City Manager search and the Interim City Manager replied we started the process and he has information he will be providing to the Commission with regards to the search firms which is the place they can start. 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: Deputy Utilities Director Phyllis Wallace gave an update on the Theresa basin and the water shed area to include a 90 day extension, lake levels, water shed area, monitor pumps, pump interference, rain projections, stormwater, field traffic and fleet operations, roadway flooding, and signs. Public Works Director Glenn Whitcomb gave an update on the intake structure project on Lake Monroe to include the project history, solutions, combining structures, TetraTech and SJRWMD (St. Johns River Water Management District), flooding, cost, alternatives, and the project being on hold, waiting on the consultants. City of Deltona Page 10 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Avila-Vazquez thanked staff and ICM. The condo manager called a meeting with a good turn out and got an update on the project, they are looking forward to another update, keeping up to date with residents in the area. Mr. Whitcomb stated at the request of the Lakeshore Condo Association, staff removed the blue pipe and detour signs. Also, we are in the purchasing process for a temporary fence which will help screen that area. The Interim City Manager stated the adjourning community center building next to these projects is not in bad shape so we are moving forward to get improvements made to the structure, the outside area and the entrance/exit in order to make that building available to the public. He will come back with a cost which is almost nil but, there will be some minor cost associated with staffing the building. The Interim City Manager stated you hear what Mr. Whitcomb and Mrs. Wallace are doing now but, what you do not hear is what they are doing in addition to this. We have met with all the permitting agencies and the consultants that we have locally and we have another meeting to look at increasing the outlet capacity of the lake system and finding a way to obtain funding for that kind of project. You can only do so much with existing capacity that is available there. You have to have a number of alternatives that will assist in removing the water when it gets to its flood stage. The whole idea is to not wait till it gets to the flood stage but, to stage it first when you see something coming and start lowering the levels of the lakes. I doubt we could have been way ahead with the particular storms we had this time because it was one right after another. We are moving toward finding a solution and those two are key people to be part of that process and have been a world of knowledge that he has been able to use in looking at the decision process. We have great staff in the City, the Christmas Parade was a great event because the City has great staff and they went beyond themselves in his opinion with short notice. Nobody complained one bit and everyone took pride in it. He is very happy with the City's staff, there are some outstanding staff who ought to be commended. 15. CITY COMMISSION COMMENTS: Commissioner Jodylee spoke about the Christmas Parade and he wished everyone a Merry Christmas. Commissioner Avila-Vazquez spoke about the Christmas Parade and thanked everyone involved in the event. She wished everyone a Merry Christmas. Commissioner Bradford congratulated Pine Ridge High School for the Award of Excellence, Deltona high schools, academics and education. She spoke about the Christmas Parade and thanked everyone involved in the event. She wished everyone a Merry Christmas, Happy Holiday, Happy New Year, Happy Hanukkah and Happy Kwanzaa. Mayor Avila spoke about the Christmas Parade and he thanked staff. He congratulated City of Deltona Page 11 Printed on 12/20/2022 City Commission Minutes December 12, 2022 Pine Ridge High School for playing the Mayor's Cup against Deltona High School and they took both the women's and men's soccer cups. He wished everyone a Merry Christmas. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 9:33 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 12 Printed on 12/20/2022