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City Commission

Regular Meeting

Deltona, FL · July 17, 2023

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, July 17, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. Chris Collier, Robert Trombetta, Elbert Bryan, Vivian Tommaso, Barbara Santiago (Boys & Girls Club), David Sosa, Doug MacDonald, Richard Bellach and Lindsey Briones addressed the City Commission. City of Deltona Page 1 Printed on 7/25/2023 City Commission Minutes July 17, 2023 BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Avila. 2. ROLL CALL – CITY CLERK: Present: 7 - Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #3 Commissioner. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Executive Session of June 12, 2023 and July 10, 2023 and the Regular Commission Meeting of June 19, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Burbank, seconded by Vice Mayor Bradford, to approve the minutes of the Executive Session of June 12, 2023 and July 10, 2023 and the Regular Commission Meeting of June 19, 2023, as presented. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Parks and Recreation Month - July, 2023. B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2023-13, Establishing the Proposed Millage Rate for levy of ad valorem taxes for FY 2023/2024 - Mari Leisen, City of Deltona Page 2 Printed on 7/25/2023 City Commission Minutes July 17, 2023 Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Finance Director Mari Leisen stated the City Manager is proposing a millage rate of 7.35 mills which is reduced from the rate levied in FY 22/23. This reflects an increase of 8.86 from the rollback rate of 6.7519 mills. Staff proposes the Commission adopt the proposed millage rate of 7.35 mills for FY 23/24. The adopted rate will be communicated to the Property Appraiser and used in the notice of proposed taxes, the TRIM notice, issued to Deltona property owners in late August. If the Commission votes to chose a higher millage rate in September the City is required to send out revised TRIM notices to the Property Appraiser and that would be at the residents' expense. The Commission and staff discussed property values and tax exemptions, and the budget. Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to adopt Resolution No. 2023-13. The City Manager has the authority to correct scrivener’s errors and the like. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool B. Public Hearing - Resolution No. 2023-22, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to adopt Resolution No. 2023-22. The City Manager has the authority to correct scrivener’s errors and the like. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool C. Public Hearing - Ordinance No. 04-2023, Request to amend the Deltona Village Business Planned Unit Development (BPUD) overall Development Plan/ Master Development Plan increasing the number of multi-family unit allocation for the BPUD from 414 units to 652 units; amendment to the Development Agreement approved by Ordinance No. 21-2009; and City of Deltona Page 3 Printed on 7/25/2023 City Commission Minutes July 17, 2023 rezone an additional 0.61-acres of land to be included within the Deltona Village BPUD - Joseph Ruiz, Planning & Development Services (386) 878-8624. The City Attorney asked that everyone that 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 Joe Ruiz gave a brief explanation of the item and he stated there were no changes other than those noted. Staff is recommending approval of the item. Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to approve Ordinance No. 04-2023, approving the amendment to the overall Development Plan/Master Development Plan increasing the number of multi-family unit allocation for the BPUD from 414 units to 652 units; amendment to the Development Agreement approved by Ordinance No. 21-2009; and rezone an additional 0.61-acre of land to be included within the Deltona Village BPUD. The Commission and staff discussed mixed uses, concurrency, traffic studies and TIA (Traffic Impact Analysis), TPO (Transportation Planning Organization) funding, Volusia County, approval with out the 652 units and the 0.61 acres, taxes and incentives, safety, and PFS (Proportionate Fair Share). Applicant's Attorney Kim Booker, Booker and Associates, P.A., stated she is here to answer any questions and there are some disagreements as to why there is a Development Agreement (DA). Impact fee credits will be close to $8 million from this project which will go toward road improvements. The PFS was established in the DA of $1.9 million which pertained to the improvements. There was a letter presented December 2019 where the City acknowledged the satisfaction of the PFS payment. There is acknowledgement of the vested rights of the traffic, the TRIPS. Development Agreements establish the rights as of that point in time and this agreement contained language regarding the poor economic times and the completion date shall be extended. Also, she was never provided the letter from Volusia County prior to this hearing but, fortunately she contacted the county who provided it. Commissioner Avila-Vazquez called for the vote. Mayor Avila opened and closed the public hearing for those with standing as there were none. Mayor Avila opened the public hearing. Doug MacDonald, Dave Munoz, Kathy Bryan and Adam Vazquez addressed the Commission. City of Deltona Page 4 Printed on 7/25/2023 City Commission Minutes July 17, 2023 Mayor Avila closed the public hearing. The motion carried by the following vote: For: 5 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee Against: 2 - Mayor Avila, and Commissioner McCool D. Public Hearing - Ordinance No. 08-2023, amending the Code of Ordinances, Subpart A, Chapter 14, Article VIII - Chickens, Sections 14-281 and 14-282, at first reading - City Manager (386) 878-8858. Strategic Goals: Demonstrate Effective Policy-Leadership Planning & Development Services Director Joe Ruiz gave a brief explanation of the item. The Commission and staff discussed the number of chickens, chicken coops, requiring a building permit and engineered drawings, and inspection costs. Mayor Avila opened the public hearing. Davison Herriot, Jim Pescha, Lindsey Briones and Elbert Bryan addressed the Commission. Mayor Avila closed the public hearing. The Assistant to the City Manager Suzette Cameron recommended striking the $75 fee for code and the inspection and keeping the fee at $25. The Commission and staff discussed having a pilot program or trial, requiring a class, and food safety. Motion by Commissioner McCool, seconded by Commissioner JodyLee, to approve Ordinance No. 08-2023, amending Chapter 14, Article VIII - Chickens, Sections 14-281 and 14-282 of the Code of Ordinances while amending and striking #8 and keeping the permitting fee at $25 and no requirement of a drawing unless it is over 100 square feet. The motion carried by the following vote: For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Against: 1 - Vice Mayor Bradford City of Deltona Page 5 Printed on 7/25/2023 City Commission Minutes July 17, 2023 E. Public Hearing - Resolution No. 2023-28, Community Development Block Grant Public Service (CDBG) 2023-2027 Consolidated Plan and Annual Action Plan Allocations for Program Year 2023-2024. Suzette Cameron, Assistant to the City Manager, Community Services (386)878-8615. Strategic Goal: Fiscal Issues-Grant management Mayor Avila opened and closed the public hearing as there were none. Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to approve Resolution No. 2023-28, Community Development Block Grant (CDBG) 2023-2027 Consolidated Plan, the 2023-2024 Annual Action Plan including Public Service allocations to Department of Housing and Urban Development. The City Manager is hereby authorized to execute the federal forms and certifications required for submittal. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Against: 1 - Commissioner Avila-Vazquez 7. OLD BUSINESS: 8. NEW BUSINESS: 9. 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. 10. 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. The Commission concurred to pull Consent Agenda Item 10-G for discussion. City of Deltona Page 6 Printed on 7/25/2023 City Commission Minutes July 17, 2023 Motion by Commissioner JodyLee, seconded by Commissioner Avila-Vazquez, to approve Consent Agenda Items 10-A through 10-F. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool A. Approval of purchase of multi-functional devices from Seminole Office Solutions using the NASPO Value Point Contract#140602 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues: Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Approved by Consent Agenda - to approve the purchase of printers from Seminole Office Solutions, replacing all MFD’s on the attached list totaling no more than $84,000, and disposing of obsolete equipment. B. Request approval of Resolution 2023-23, Budget Amendment and the price increase agreement with ACT Environmental & Infrastructure to provide removal and proper disposal of unused chemicals at the Eastern Wastewater Treatment Facility at a revised/updated cost of $277,127.20 or a net increase of $28,346.70 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve Resolution 2023-23, Budget Amendment and the price increase to agreement with ACT Environmental & Infrastructure to provide removal and proper disposal of unused chemicals at the Eastern Wastewater Treatment Facility at a revised/updated cost of $277,127.20. The City Manager has the authority to make corrections of scrivener’s errors and the like. C. Request approval of Resolution No. 2023-24, Budget Amendment and award of bid for the Courtland Plant 11 Water Treatment Facility wellhead outfitting and watermain installation with Carr & Collier in the amount of $2,962,410.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure City of Deltona Page 7 Printed on 7/25/2023 City Commission Minutes July 17, 2023 Approved by Consent Agenda - to approve Resolution No. 2023-24, Budget Amendment and the contract between the City of Deltona and Carr & Collier in the amount of $2,962,410.00 for the Courtland Plant 11 Water Treatment Facility. The City Manager has the authority to make corrections of scrivener’s errors and the like. D. Request approval of Resolution No. 2023-26, Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Catalina Boulevard in the amount of $37,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve Resolution No. 2023-26, Budget Amendment and the Task Authorization with Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Catalina Boulevard. The City Manager has the authority to make corrections of scrivener’s errors and the like. E. Request approval of Resolution No. 2023-27 Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Elkcam Boulevard in the amount of $37,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve Resolution No. 2023-27 Budget Amendment and the Task Authorization with Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Elkcam Boulevard. The City Manager has the authority to make corrections of scrivener’s errors and the like. F. Request approval of the Purvis Gray CPA Financial Statements and Independent Auditor’s Report of the Southwest Deltona Community Redevelopment Area (CRA) - Mari Leisen, Finance Department (386) 878-8553. Approved by Consent Agenda - to adopt the Purvis Gray Financial Statements and Independent Auditor’s Report of the Southwest Deltona Community Redevelopment Area. City of Deltona Page 8 Printed on 7/25/2023 City Commission Minutes July 17, 2023 G. Add-On Item: Request approval of Resolution 2023-29, Budget Amendment and quote for the purchase of a vehicle through the Florida Sheriff’s Association for a price of $51,741.00. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to table Item 10-G to the next meeting. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner McCool requested a follow-up on the purchase of the property at the corner of Saxon Blvd. and Normandy Blvd. as discussed. Also, a follow-up on the push through on the CRA noted Deltona Blvd. improvements as it pertains to sewer. Commissioner JodyLee requested to have an audit done on the TNR Program. Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to do an audit on the TNR Program. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Vice Mayor Bradford requested that the City partner on the Christmas in July event at The Center to include advertising. Motion by Mayor Avila, seconded by Commissioner JodyLee, that the City sponsor and advertise the Christmas in July event. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool City of Deltona Page 9 Printed on 7/25/2023 City Commission Minutes July 17, 2023 Vice Mayor Bradford requested to bring back the plans for the exploratorium at The Center and place it on a Workshop agenda. She also requested that all the Commissioners get a copy of the plan. Motion by Commissioner McCool, seconded by Commissioner JodyLee, to move forward with a workshop to discuss an exploratorium / community garden at The Center. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Mayor Avila stated he will have his City Manager Report distributed to the Commission which he created from questions he received from residents. He also requested that Commissioner McCool provide a TPO (Transportation Planning Organization) report/update monthly and Commissioner McCool replied she would be happy to do that and she provided some highlights. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: Commissioner McCool spoke about the City Attorney contract and a farmers market. Commissioner Avila-Vazquez gave a shout out to the PIO (Public Information Office) staff and she spoke about her Town Hall, an additional Veterans Office, the demolition of a gas station, the upcoming dance and back to school event. Commissioner JodyLee thanked the City Manager for his report, he thanked staff for their hard work and reminded everyone of the street fair. Vice Mayor Bradford spoke about the street fair, the City's exits/entrances, mowing county areas, code complaints/violations, Florida product approval materials, and the Building Official meet and greet. Mayor Avila spoke about the Transform386 CDBG-DR Community Engagement Series. 15. ADJOURNMENT: City of Deltona Page 10 Printed on 7/25/2023 City Commission Minutes July 17, 2023 There being no further business, the meeting adjourned at 9:21 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 11 Printed on 7/25/2023

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Monday, July 17, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. City of Deltona Page 1 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #3 Commissioner. 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 Executive Session of June 12, 2023 and July 10, 2023 and the Regular Commission Meeting of June 19, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: June 12, 2023 Exe. Session Minutes July 10, 2023 Exe. Session Minutes June 19, 2023 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Parks and Recreation Month - July, 2023. Background: Since 1985, America has celebrated July as the nation’s official Parks and Recreation Month, and the United States House of Representatives officially mandated July as Parks and Recreation Month in 2009. As we observe July as Parks and Recreation Month, we also support the skilled work of parks and recreation professionals who help to strengthen the community and connect people with nature and each other and provide opportunities for healthful living, and environmental sustainability. B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Background: Quarterly Reports of City Advisory Boards/Committees: City of Deltona Page 2 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 1) Affordable Housing Advisory Committee (Written Report Only) 2) Firefighters Pension Plan Board - (Written Report Only) 3) Planning and Zoning Board - (Written Report Only) 4) Team Volusia - (Written Report Only) 5) William S. Harvey Deltona Scholarship Advisory Board - (Written Report Only) Attachments: AHAC - 2nd Quarter Report FFPB 2nd Quarter Report PZ 2nd Quarter Report Team Volusia 2nd Quarter Report WSH 2nd Quarter Report 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2023-13, Establishing the Proposed Millage Rate for levy of ad valorem taxes for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: The City Manager is proposing a millage rate of 7.3500 mills, which is reduced from the rate levied in FY2022/2023 and reflects an increase of 8.86% from the rolled-back rate of 6.7519 mills. Staff proposes the Commission adopt a proposed millage rate of 7.3500 mills for FY2023/2024. Attached is Resolution No. 2023-13 establishing a proposed millage rate. The adopted rate will be communicated to the Property Appraiser and used in the Notice of Proposed Property Taxes (TRIM Notices) issued to Deltona property owners in late August. If the commission votes to approve a higher millage rate at the first hearing in September, the City is required to send a revised TRIM notice to the property appraiser and to the residents at the City’s expense (s. 200.065(2)(d),F.S.). Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2023-13 Reso - Proposed Tentative Millage Rate 07172023 City of Deltona Page 3 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 B. Public Hearing - Resolution No. 2023-22, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Background: The Nuisance Abatement Assessment was established in 2018 for the collection of unpaid costs and expenses incurred by the City for nuisance and lot clean-up. This is an effort for the City to recoup the costs associated with the abatement of the property for clean -up that is a nuisance and a threat to public health, safety and welfare. Section 54 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. Attached is the Annual Rate Resolution for Nuisance Abatement Services for FY 2023/2024. The total outstanding and unpaid assessments for the provision of Nuisance Abatement Services for FY 2023/2024 is $19,696.64. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2023-22 Reso - Preliminary Nuisance Abatement 2 June 2023 C. Public Hearing - Ordinance No. 04-2023, Request to amend the Deltona Village Business Planned Unit Development (BPUD) overall Development Plan/ Master Development Plan increasing the number of multi-family unit allocation for the BPUD from 414 units to 652 units; amendment to the Development Agreement approved by Ordinance No. 21-2009; and rezone an additional 0.61-acres of land to be included within the Deltona Village BPUD - Joseph Ruiz, Planning & Development Services (386) 878-8624. Background: On February 15, 2010, the Deltona Village Business Planned Unit Development (BPUD) was approved via Ordinance No. 21-2009. The approved BPUD uses include traditional retail, office, service commercial, and also allowed light industrial uses. There were Conditional Use options including an allocation of up to 414 multi-family units. The intensity of the Deltona Village BPUD was capped at 900,000 square feet of retail. The 900,000 square-foot cap was also extended to a 38-acre parcel (ICC BPUD site) under similar ownership City of Deltona Page 4 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 located north of Graves Av. and south of the I-4/SR 472 eastbound interchange off-ramp. The square-foot cap regarding allowed uses such as multifamily residential was reconciled through an equivalency matrix. The equivalency matrix is a tool used to convert densities and intensities so the overall intensity cap is not exceeded. In 2018, the Deltona Village BPUD (Ordinance No. 10-2018) was amended by the City to modify minimum lot width and sizes. In addition, the 2018 amendment changed the 414-unit multi-family conditional use entitlement to a permitted use within the BPUD. In 2021, the City Commission approved a second amendment to the Deltona Village BPUD to include an additional 10.3 acres of Deltona Retail Holdings, LLC, acquired properties by rezoning into the BPUD with no additional intensity/density entitlements. To date, Deltona Village has developed the Epic movie theater, Race Trac gas station, and a Burger King fast-food restaurant. Various site plans have been approved for a Starbucks immediately west of Burger King (SP21-0011), a 301 multi-family unit complex (currently under construction) for Integra Myst (SP21-0004), and a 52,800 square-foot Nutty Bavarian light manufacturing facility (SP22-0007). Currently under review are site plans for a 2,600 square-foot Panda Express (SP23-0005), and a 152,000 Store Space Self-Storage facility (SP23-0006). The current and third requested amendment via Ordinance No. 04-2023, requests the following: 1) Amendment to the Overall Development Plan/Master Development Plan to increase the number of multi-family unit allocation for the BPUD from 414 units to 652 units; 2) Amendment to the development agreement approved by Ordinance No. 21-2009, to update the multi-family unit cap, include the 0.61-acres, and to clarify remaining entitlements between the landowner and the City; and 3) Rezone an additional ±26.57 acres of land to be rezoned and included within the Deltona Village BPUD. On March 15, 2023, the Planning and Zoning Board voted (6 to 1) to recommend approval of Ordinance No. 04-2023 by the City Commission. On April 3, 2023, the City Commission voted (4 to 3) to deny Ordinance No. 04-2023, due to concerns with the age of the originally approved traffic study (2009) and the requested increase of multi-family unit cap City of Deltona Page 5 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 for the project (652-unit cap). Concerns regarding School Concurrency were also expressed. On May 1, 2023, the applicant requested a rehearing of Ordinance No. 04-2023 via the motion filed as allowed by Section 110-1005. - Rehearing and administrative res judicata. The City Commission approved the applicant’s request to rehear the application and scheduled for the next available meeting. On May 22, 2023, the applicant requested a continuance of the rehearing of Ordinance No. 04-2023, in light of the latest proportionate fair share memo prepared by BCC, Engineering. Since the April 3, 2023, City Commission Meeting, staff contracted the City’s consulting traffic engineer, BCC Engineering. Staff requested BCC provide an update to the trip generation impacts and traffic equivalency matrix of the 2009 Deltona Village Traffic Impact Analysis in comparison to the Institute of Traffic Engineer’s (ITE) Manual, 11th and latest edition. - The attached memo finds that the project evaluated under modern trip generation rates would have a net total impact of 24,417 average daily trips (ADTs) and 2,271 PM Peak Hour Trips as opposed to the originally anticipated 17,808 ADTs and 1,141 PM Peak Hour Trips at full build-out. However, based on the updated traffic equivalency matrix within the memo, the Deltona Village BPUD with the existing and proposed developments would remain compliant with the originally approved 17,808 ADTs, 1,141 PM Peak Hour Trips, and 900,000 square feet of retail at this time. As a method of addressing/accepting the new anticipated impacts per the ITE Manual, 11th edition, for the 24,417 ADTs and 2,271 PM Peak Hour Trips, staff recommends a new proportionate fair share agreement be considered for the difference in transportation impacts, in light of this new data. On June 19, 2023, the City Commission reheard Ordinance No. 04-2023. During discussion, the City Commission modified the ordinance to remove approximately 25.96 acres of land (Parcel ID numbers 8106-04-00-0542 & 8106-04-00-0691) from the rezone request, to be tabled for consideration at a later date. Ultimately, the City Commission approved the modified Ordinance No. 04-2023 at rehearing of the first hearing. The modified ordinance and legal description are attached. For more information please refer to the attached staff report and attachments. City of Deltona Page 6 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 Attachments: Staff Report Ord No. 04-2023 1-Ordinance 04-2023__Updated 07.5.23 2- Exhibit A Clean 3.31.23_Agreed Amendment to the Deltona Village DA 3-Updated Exhibit B_Ordinance 04-2023_7.5.23 4-Updated_Exhibit C_ODP_7.5.2023 5-EXHIBIT D_ORD04-2023-Deltona Village Recorded DA ORD21-2009 O-04-2023 Adoption Hearing ad D. Public Hearing - Ordinance No. 08-2023, amending the Code of Ordinances, Subpart A, Chapter 14, Article VIII - Chickens, Sections 14-281 and 14-282, at first reading - City Manager (386) 878-8858. Strategic Goals: Demonstrate Effective Policy-Leadership Background: The City of Deltona Code of Ordinances Chapter 14 - Animals, establishes rules and regulations as to the keeping of animals within the City providing for the public health, safety, and welfare of both animals and the residents. The City of Deltona adopted Ordinance No. 02-2015 on March 16, 2023, establishing a year trial period for a maximum issuance of 25 special permits throughout the City. Upon the trial period ending, the City adopted Ordinance No. 10-2016 for the provisions of permanent allowance of chickens as an accessory to single-family dwellings via permit, for up to five (5) chickens. In 2020, the Commission adopted Ordinance No.10-2020 amending Chapter 14 - Animals, in its entirety. However, no revisions were made to the sections pertaining to Chickens. On May 8, 2023, staff brought a draft of Ordinance No. 08-2023 before the City Commission at a workshop for discussion and consideration . Staff received direction to suggest revisions to the Chickens provisions, considering the economic climate and recent egg shortages. Staff worked closely with the Deltona Community Gardens representatives to propose the draft discussed. At the workshop the City Commission provided input to staff regarding the number of chickens that should be allowed based on property size, personal use of the chickens, and coop permitting requirements. The attached revisions to the Chickens Code, per City Commission and public input, have been proposed for consideration via Ordinance No. 08-2023. City of Deltona Page 7 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 Attachments: Ordinance 08-2023 EXHIBIT A_ORD NO 08-2023_DRAFT_Underline-Strikethrough Document EXHIBIT A_ORD_NO_08-2023_DRAFT_Clean Document O-08-2023 1st Reading ad E. Public Hearing - Resolution No. 2023-28, Community Development Block Grant Public Service (CDBG) 2023-2027 Consolidated Plan and Annual Action Plan Allocations for Program Year 2023-2024. Suzette Cameron, Assistant to the City Manager, Community Services (386)878-8615. Strategic Goal: Fiscal Issues-Grant management Background: The City of Deltona (City) receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) on an annual basis. The City has been notified that it will receive approximately $515,000 for HUD Program Year (PY) 2023-2024. These funds are available to implement activities identified in the City’s 2023-2027 Five Year Consolidated Plan (Con Plan) and 2023-2024 Annual Action Plan (AAP), which is currently under public notice and public participation until July 17, 2023 at which time both the Con Plan and the AAP will be presented to the Commission for approval at the regular Commission meeting. The Con Plan, list areas in which the City would like to expend CDBG monies over the next five years and the Annual Action Plan (AAP) list projects to be undertaken in each individual PY. Per HUD guidelines, up to 15%, of the CDBG allocation can be used to fund public service organizations serving City residents. In accordance with HUD guidelines there has been public participation to help determine how the CDBG funds are to be used within the City. Six public service applications were received by the City. Several City staff members served as the ranking and review committee for these grant applications. Applicants were provided an opportunity to give an oral presentation about their program and answer any questions from the Ranking and Review Committee. The following is the result of the Committee’s ranking predicated on a merit-based review of each application: APPLICANT REQUESTED AWARDED Boys and Girls Club $15,000.00 $13,356.12 Early Learning Coalition $11,000.00 $12,976.55 Council on Aging $15,500.00 $12,668.16 Hands of Hope $10,000.00 $11,624.34 The Neighborhood Center $20,000.00 $10,865.20 City of Deltona Page 8 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 A copy of the complete ranking sheet is attached. Attachments: Resolution-CDBG 2022-2023 Annual Action Plan.rtf Con Plan 2023-2027-and Public Service Allocations- FINAL.pdf Consolidated Plan ad date 07-09-23 7. OLD BUSINESS: 8. NEW BUSINESS: 9. 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. 10. 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. Approval of purchase of multi-functional devices from Seminole Office Solutions using the NASPO Value Point Contract#140602 - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues: Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Background: The City began a printer replacement program back in 2016 so that after five to seven years, the initial printers purchased can be replaced prior to them breaking down and becoming obsolete. Five years is the generally accepted average MFD/copier lifespan for a typical floor-standing model used regularly. At maximum, high-end MFP’s and floor-standing models may last seven to ten years. The City budgeted $70,000 in the Capital Equipment Replacement Fund and there is $8134 in the Water and Sewer Utility Fund. Based on the recommendation from the City’s representative from Seminole Office City of Deltona Page 9 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 Solutions, Purchasing and IT, recommendation is being made to purchase MFD’s totaling $72,938 from the Capital Equipment Replacement Fund plus incidentals and $8 ,134 from the Water and Sewer Utility Fund to replace all of the MFD’s on the attached list and to dispose of the obsolete devices. Attachments: Printer (MFP) list for purchase 2023 NASPO ValuePoint Contract B. Request approval of Resolution 2023-23, Budget Amendment and the price increase agreement with ACT Environmental & Infrastructure to provide removal and proper disposal of unused chemicals at the Eastern Wastewater Treatment Facility at a revised/updated cost of $277,127.20 or a net increase of $28,346.70 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: The City received two bids for Bid #22031 for Chemical Removal or Repurpose. The low bid was $248,780.50 from A-C-T Environmental & Infrastructure Inc. and the bid awarded in June 2022. The purpose of the bid is to provide the City of Deltona with disposal, transfer and removal of unused hazardous chemicals and holding tanks at the Eastern Wastewater Facility. Due to the extensive time between bid award, obtaining the requisite agency permits and disposal fees, the cost to the vendor has gone up by $28,346.70, therefore necessitating the need for this price increase. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item Attachments: 27707 Cost Increase Request_Signed19June2023 27707 TOTAL Price Estimate Original and Updated BA2023-042 Professional Services 365 2023-23 Reso - BA 2023-042 Professional Services C. Request approval of Resolution No. 2023-24, Budget Amendment and award of bid for the Courtland Plant 11 Water Treatment Facility wellhead outfitting and watermain installation with Carr & Collier in the amount of $2,962,410.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure City of Deltona Page 10 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 Background: In 2019 the City undertook construction of 2 additional wells on property located on Roland Drive; east of Courtland Boulevard. Those wells were constructed and the next phase is outfitting and watermain pipe expansion from the well site to Courtland Plant 11. The City solicited bids for the outfitting components well as other critical infrastructure associated with the project. The bid was broadcast to 1,835 companies and there were 7 plan holders, 0 watchers and 0 post bid viewers. Two (2) bids were received for ITB#23001. Carr & Collier submitted the lowest & most qualified bid in the amount of $2,962,410.00. The Engineer of Record, Mead & Hunt recommended acceptance of the bid from Carr & Collier. Attachments: Courtland Plant #11 Well Outfitting M&H Recommendation BA2023-041 WTP #11 2023-24 Reso - BA 2023-041 WTP D. Request approval of Resolution No. 2023-26, Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Catalina Boulevard in the amount of $37,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: Due to the aftermath of Hurricane Ian and later Hurricane Nicole, the interconnected lakes within the Lake Theresa watershed reached record levels and caused numerous roads to be completely inundated and in sections impassable. The road closures lasted weeks preventing residents from reaching their homes without much detouring around the road closures. More importantly the road closure on Catalina Boulevard affected the response time for police, fire and EMTs. The City is looking for funding from FEMA via the Hazard Mitigation Grant Program and has secured a positive approval from the Local Mitigation Selection committee. The next steps is the detailed & technical application submittal process requiring assistance from Pegasus Engineering to ensure the City’s submittal is complete and results in an unquestionable approval from FEMA & the Hazard Mitigation Grant Program. Attachments: Catalina Blvd HMGP Proposal (06-30-23) BA2023-045 Professional Services 109-Catalina 2023-26 Reso - BA 2023-045 Professional Services 109 City of Deltona Page 11 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 E. Request approval of Resolution No. 2023-27 Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for preparation of the FEMA - Hazard Mitigation Grant Program submittal for elevation of Elkcam Boulevard in the amount of $37,500.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: Due to the aftermath of Hurricane Ian and later Hurricane Nicole, the interconnected lakes within the Lake Theresa watershed reached record levels and caused numerous roads to be completely inundated and in sections impassable. The road closures lasted weeks preventing residents from reaching their homes without much detouring around the road closures. More importantly the road closure on Elkcam Boulevard affected the response time for police, fire and EMTs. Elkcam Boulevard is one of the primary east/west roadways that is heavily traveled by residents & businesses. The City is looking for funding from FEMA via the Hazard Mitigation Grant Program and has secured a positive approval from the Local Mitigation Selection committee. The next steps is the detailed & technical application submittal process requiring assistance from Pegasus Engineering to ensure the City’s submittal is complete and results in an unquestionable approval from FEMA & the Hazard Mitigation Grant Program. Attachments: Elkcam Blvd HMGP Proposal (06-30-23) BA2023-046 Professional Services 109-Elkcam 2023-27 Reso - BA 2023-046 Professional Services 109 F. Request approval of the Purvis Gray CPA Financial Statements and Independent Auditor’s Report of the Southwest Deltona Community Redevelopment Area (CRA) - Mari Leisen, Finance Department (386) 878-8553. Background: Consistent with State law, every year, the City of Deltona finances are audited. Part of the audit effort includes a standalone financial review of the City CRA. The audit time frame was from October 1, 2021 to September 30, 2022. According to the audit information the CRA fund balance as of September 30, 2022 is $1,030,581. The Purvis Gray audit did not reveal any “internal control” deficiencies or any “material weaknesses”. Also, the Purvis Gray report indicated that the CRA is financially managed in compliance with applicable State law. City of Deltona Page 12 Printed on 7/18/2023 City Commission Regular Commission Meeting July 17, 2023 For more information see the attached Purvis Gray audit of the Southwest Deltona CRA. Attachments: CRA - Purvis Gray 5-30-2023 CRA - Communication with those Charged with Governance - FY2022 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. 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 Manager in writing at CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd., Deltona, FL 32725 at least 48 hours prior to the meeting at which the person wishes to attend. The City is not permitted to provide the use of human physical assistance to physically handicapped persons in lieu of the construction or use of ramps or other mechanical devices in order to comply with Florida law. If proper accommodations for handicapped access cannot be made at a particular public meeting venue pursuant to a timely written request under Section 286.26 F.S., the City Manager shall change the venue of that meeting to a location where those accommodations can be provided. City of Deltona Page 13 Printed on 7/18/2023

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