City Commission

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, August 28, 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 8/23/2023 City Commission Regular Commission Meeting August 28, 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 #6 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 Regular Commission Meeting of August 7, 2023, the Executive Session of August 7, 2023, the Special Commission Meeting of August 17, 2023 and the Executive Session of August 21, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 7, 2023 RCM Minues August 7, 2023 Exe. Session Minutes August 17, 2023 SCM Minutes August 21, 2023 Exe. Session Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation for Water Professionals Month Background: A Proclamation in honor of Florida Water Professionals Month. 6. ORDINANCES AND PUBLIC HEARINGS: A. 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 second and final reading - Interim City Manager (386) 878-8858. Strategic Goal: Demonstrate Effective Policy-Leadership City of Deltona Page 2 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 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 ordinance 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. On July 17, 2023, staff provided a proposed ordinance with revisions to the Chicken Permit standards. Upon discussion regarding the chicken coop requirements, the City Commission voted to approve Ordinance 08-2023 (6 to 1) at first hearing. The motion included a condition to strike Section 14-281(8) by removing the engineered drawings requirement for coops greater than 50 square feet, and thus replacing with the previous building permit standards and requirements. The attached revisions to the Chickens Code, per City Commission and public input, have been proposed for consideration and adoption via Ordinance No. 08-2023. Attachments: Ordinance No. 08-2023 EXHIBIT A_ORD NO 08-2023_DRAFT 7-18-2023_Underline-Strikethrough Docu EXHIBIT A_ORD NO 08-2023_DRAFT 7-18-2023_Clean Document Legal Advertisement B. Public Hearing - Ordinance No. 09-2023- Amending the official Zoning Map to Rezone an approximately 1.37 - acre parcel of land located at 3150 Howland Boulevard from Professional Business Zoning District (PB) to the City of City of Deltona Page 3 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 Deltona Retail Commercial District (C-1). - Joseph Ruiz, Planning & Development Services Director (386) 878-8624 Background: The City received an application to rezone a ±1.37-acre (59,677.20 sq. ft.) parcel of land, located at 3150 Howland Blvd., from PB to C-1. Per the Future Land Use Map, the subject property has a designation of Commercial (C). The C-1 rezoning request is consistent with the Commercial Land Use category. Currently, the subject property is a vacant raw piece of land situated between two (2) developed properties. The property to the west is zoned PB and is developed with a ±5,336 square-foot House of Worship. The property located to the east is zoned C-1 and is developed with a ±5,605 square-foot retail plaza. The developer desires to develop the property with a ±3,107 square-foot fast food restaurant with a drive-thru service lane. Despite the proposed use being compatible with the commercial future land use, it is not a permitted use within its current PB zoning, hence the request to rezone the subject property. Staff has reviewed the rezoning application using the criteria stipulated within Section 110-1101 of the City’s Land Development Code for consistency with the Comprehensive Plan, Land Development Code, environmental requirements, traffic concurrency, and public health, safety, and welfare . On July 19, 2023, the Planning and Zoning Board heard the rezoning request and voted five (5) to two (2) to recommend the City Commission approve the rezoning. Attachments: 3150 Howland Blvd Rezoning Staff Report 3150 Howland Blvd Combined Maps Ordinance 09-2023 Plan No. RZ23-0006 Exhibit A Legal Description-3150 Howland Traffic Generation Analysis 3150 Howland Blvd PowerPoint Legal Advertisement 7. OLD BUSINESS: A. Request to accept the resignation of City Manager James V. Chisholm - City Attorney (386) 878-8872. Background: This item is to formally accept City Manager James V. Chisholm’s resignation letter dated August 15, 2023 and with an effective date of City of Deltona Page 4 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 30 days from September 14, 2023 (09/12/23). Attachments: James V. Chisholm resignation James V. Chisholm Agreement B. Appeal of the Commission decision RCM May 22, 2023 to deny the request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for a Disaster Assistance project located at 1785 Tanner Court. - Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Housing and Community Development. Background: At the RCM held on May 22, 2023 the Commission denied the request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for a Disaster Assistance project located at 1785 Tanner Court. The home owner called and stated she wanted to appeal the Commission’s decision. During the disaster recovery time, funds were made available and several applications were processed to assist the Deltona residence with repairs on their homes. In an attempt to work with the Duncan application there was an oversite as to the fact that homeowner’s insurance would be required in order to process their application prior to seeking Commission approval. As a standard, an applicant must go through the City’s online prescreening process, but this applicant came into the office and met with the staff. Generally, the prescreening process would stop the applicant when they do not meet the criteria. As a result, the application was processed and on May 22, 2023 was denied approval by the City Commission based on their concerns regarding the value of their home. The applicant is seeking an appeal in front of the City Commission at which time the Community Development staff will present their recommendation of denial of this application based on the lack of required information and documents to proceed. 1. This application was made under disaster recovery rules. These rules required applicant to have homeowner’s insurance. The applicant should have been rejected for lack of insurance. 2. Applicant requested a meeting instead of filling out an application. No evidence of homeowner’s insurance was offered at the meeting. 3. No other applications without homeowner’s insurance were City of Deltona Page 5 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 approved by the City. Insurance coverage provides an inspector to determine or prescreen the nature and amount of damage to a home caused by the hurricane of fall 2022 in Deltona. Attachments: FEMA-Letter Hurricane Diaster Pre-Screen Planning Development -Letter 8. NEW BUSINESS: A. Request approval of Resolution 2023-44 and Budget Amendment to increase the refuse collection account to fund the remaining services for the Fiscal Year 2023 for a cost of $1,000,000. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: Refuse collection fees have been increasing steadily for the past two years. The largest increase is attributable to the collection fees from the hauler, however there are other costs as well that are associated with this expense. On June 19, 2023, the City’s consultant presented to the Commission the results of the analysis and a comprehensive breakdown of increasing costs to the City of Deltona. The Consumer Price Index, fuel costs, landfill cost, collection costs as well as an increase in the number of residential units have all driven the cost of refuse collection. The Solid Waste Fund is facing a budget shortfall to pay the vendor costs through the end of FY2023. The budget amendment is needed to continue to provide this essential service which provides life, health and safety for the residents of Deltona. Attachments: BA2023-067 Solid Waste refuse collection fees 2023-44 Reso - BA 2023-067 Solid Waste Refuse Collection B. Request approval of Task Authorization with Ardurra Group, Inc. in the amount of $1,214,398.84 for the Theresa Basin Flood Control Study RFQ No: 23020 - Phyllis Wallace, Public Works/Deltona Water (386) 878-8965. Strategic Goal: Infrastructure - Stormwater Background: The catastrophic impacts from Hurricane Ian followed closely by Hurricane Nicole in 2022 demonstrated that the City needed to not only reevaluate the Stormwater Master Plan but conduct an entire study of the Theresa Basin. The unprecedented rainfall that Deltona received due to the hurricanes resulted in a 500-year to 1,000-year storm event. The Theresa Basin is the largest of the four (4) basins in the City of City of Deltona Page 6 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 Deltona. The basin drainage is connected through a cascading system controlled by culverts and ditches connected to a series with lakes and water bodies. The basin total area is about 35.9 square miles (22,696 acres) of which 30.6 square miles is land area (85.2%) and 5.3 square miles (14.8%) are lakes and water bodies. The basin begins in the City of Lake Helen, the basin flows then from the northwest to a southeast direction and enters the City of Deltona near Sand Lakes north of Howland Boulevard and east of Interstate I-4. From there, the basin flows in a southeast direction through a series of interconnected lakes starting at Three Island Lakes to Dupont Lake to Angela Lake and eventually to Theresa Lake south of Newmark Drive. From Theresa Lake, the flow is directed south through the Butler Chain of Lakes and eventually into Lake Doyle, which is the southern boundary of the basin . Lake Doyle discharges via an outfall system to Lake Monroe and ultimately into the St. Johns River. Currently, the City does not have full control over the outfall system and is required to request emergency authorization from the SJRWMD for any consideration of operating the structure. This inability to control the outfall of the Theresa Basin was the primary contributing factor to many properties, roadways and infrastructure being adversely impacted. Although the City has not received any outside funding for this project, staff is pursuing funding opportunity in part or whole through the New Resilient Florida program related to the Critical Infrastructure Vulnerability Assessment, Adaption & Resiliency Plan. The City advertised Request for Qualifications for the Theresa Basin Flood Control Study RFQ No: 23020. The City received three (3) submittals, Ardurra Group, Inc., Geosyntec Consultants, Inc., and Tetra Tech, Inc. The selection committee reviewed all the submittals, ranked the submittals and determined that Ardurra Group, Inc. was the most qualified firm to undertake this project on behalf of the City of Deltona. Attachments: TheresaBasin_Scope_Fee_DRAFT_v2_2023Aug10 2023-46 Reso - BA 2023-071 Capitalized Intangibles Study SW BA2023-071 Capitalized Intangibles Theres Study SW 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. City of Deltona Page 7 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 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. Vacant Land Contract for purchase of 925 Abby Terrace, Deltona, Florida and Resolution and Budget Amendment to provide funding for the purchase. - Phyllis Wallace, Public Work’s Director. (386) 878-8965. Strategic Goal: Provide sustainable and effective public services. Background: July 2019, the then property owner, obtained a permit for construction of a single-family home on a platted Deltona Lakes lot. During construction the developer found wetlands on the property and permitted mitigation with the SJRWMD. The site was also found to have “muck” and the muck had to be excavated, disposed and replaced with structural fill that is compacted to support construction. While the site was under-construction the impacts of high groundwater in this area of Deltona became problematic for site development. It was during this time, that the builder walked away from development of the site. Shortly thereafter the lot was put on the market and purchased by the current owner in 2021. The new owner discussed and offered the City an opportunity to purchase the lot and those discussion went on for a lengthy period of time but failed to materialize. Then in June 2023 the new owner obtained a permit for construction of a new home. The conditions of the lot and community have remained unchanged as that the area remains impacted by high groundwater that often “daylights” and remains in the ROW for extended periods of time. The position of staff as far back as 2019 was removal of this lot for development opportunities would be in the best interest of the City as well as surrounding property owners. The intended use was to allow the lot over-time to return to its naturally vegetative state. There might be some plantings installed to accelerate that re-vegetation as well as control run-off or erosion. Long-term the lot could be incorporated into a stormwater project to mitigate the high groundwater in the area of Abby Terrace. The purchase of the lot, could be funded through the Environmental Improvement Trust Fund as the City has used this funding for a similar City of Deltona Page 8 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 property purchase a few years ago. “These fees may be used for the creation of new wetlands, enhancement of existing wetlands or reestablishment of wetlands that are no longer functioning due to significant alteration in the past”. 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: Vacand Land Contract 925 Abby Terr Legal Advertisement 2023-45 Reso - BA 2023-069 Environmental Trust for purchase of Abby Terrace BA2023-069 Environmental Trust Fund for purchase of Abby Terrace B. Request to approve the Fire Training Facilities Agreement with the City of Port Orange. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Public Safety Background: The Fire Department wishes to enter an agreement to utilize Port Orange’s brand-new Fire Training facility allowing the department to participate in joint training with other departments within the county. This is a hold-harmless agreement requested by The City of Port Orange and has been reviewed and approved by the City of Deltona’s Risk Manager and Legal Department. Attachments: Fire Training Facilities Waiver Liability C. Request to award the bid for Fire Station painting to Five 12 Painting-Remodeling, LLC. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Infrastructure Background: The Fire Department budgeted in FY22/23 to paint two stations in the Operations Budget and for renovations to the administration building in the Administration Budget. Due to the completion of projects at costs lower than originally estimated, there are remaining funds that we intend to utilize for further improvements to our facilities. To make the most of these remaining funds, the staff initiated a process to gather bids for various projects. These projects encompass completing the painting project at Station 61 and Station 64, beginning the painting of the Logistic building’s exterior, and initiating painting of Station 62. These costs shall include any preparatory work, painting, City of Deltona Page 9 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 cleanup and other related items in Bid#23023. Eight bids were received from Baksh Painting, Five 12 Painting-Remodeling LLC, HRE General Contracting LLC, Hugus Inc, Lenard Bell Painting Inc, McDine’s Painting of Brevard, Quick Painting Group, and RMK Consulting LLC. All of which are attached for your review. Staff reviewed the bids and have chosen to recommend awarding the bid to the lowest bidder, Five 12 Painting-Remodeling LLC. We aim to finalize as many of these projects as feasible using the funds still available. Any projects beyond the scope of our current funds will be addressed during the fiscal year 2023/2024, utilizing the funds specifically designated for these particular undertakings. If majority of these projects can be completed this year, we will continue painting our remaining two stations to save funds in future budget cycles. Attachments: AWARD MEMO AND BID TAB BAKSH PAINTING BID FIVE 12 PAINTING-REMODELING, LLC BID HRE GENERAL CONTRACTING INC. BID HUGUS INC. BID LENARD BELL PAINTING, INC. BID MCDINE'S PAINTING OF BREVARD BID QUICK PAINTING GROUP BID RMK CONSULTING DBA KODIAK PROPERTY MAINTENANCE BID D. Request approval of Scope of Work & Task Authorization between Mead & Hunt and the City of Deltona for Continuing Engineering Services in accordance with their agreement with the City of Deltona Utility Plant Engineering Services RFQ PW-2020-10 for the Water Treatment Plant #11 Well & Transmission installation project in an amount not to exceed $155,544 - Phyllis Wallace, Public Works/Deltona Water (386) 878-8965. Strategic Goal: Infrastructure Background: At the regularly scheduled Commission Meeting, Public Works presented the contract for outfitting the wells drilled on Roland Drive. That contract was awarded to Carr & Collier on July 17, 2023. The complexity of outfitting these wells and installation of the transmission line to Courtland Boulevard Plant 11 requires a dedicated project management team including Construction Engineering & Inspection services. Mead & Hunt is one of three (3) firms under continuing contract with the City for CEI services. This Scope of Work & Task City of Deltona Page 10 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 Authorization is in in accordance with their agreement with the City of Deltona Utility Plant Engineering Services RFQ PW-2020-10. Attachments: WTP 11 CEU Proposal Updated 8.18.23 EXECUTED E. Contract - Request for approval to expend no more than $40,000.00, per household, in Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) funds for three Owner-Occupied Repair projects, listed below. - Angelia M. Briggs, Manager, Housing and Community Development (386) 878-8614. Strategic Goal: Community Development. Background: The City is an entitlement community and receives funds from the Florida Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) program. The City operates a SHIP approved program known as Owner Occupied Rehabilitation (OOR). The OOR program assist residents with home repairs. Staff has determined the households/properties below should be considered “low” income, based on income and household size (number of people residing in the house). The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). The SHIP income approved properties are: 2057 Monterey Drive 1946 Lindhurst Avenue 541 Fairhaven Street For more detailed information related to each scope of work, see the attached rehabilitation proposals from Parthy Construction. Parthy Construction was the lowest bidder, among all the bidders, for the above referenced properties. Finally, the State funds invested in these properties will be subject to a non-interest bearing lien with a 15 year life. If the property is sold or refinanced within the 15 year timeframe, the City will need to be repaid the money invested in the house. However, if the present owner stays in the house beyond the 15 year timeframe, the lien is forgiven. Housing programs administered by the City have several benefits. The OOR program helps households maintain homeownership. In addition, the OOR housing program, helps maintain and improve the condition of the City housing stock. Better housing stock is going to protect property values not only for the houses associated with assistance but with other City of Deltona Page 11 Printed on 8/23/2023 City Commission Regular Commission Meeting August 28, 2023 housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. Attachments: 2057 Monterey Dr.pdf 1946 Lindhurst Ave.pdf 541 Fairhaven St.pdf 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 12 Printed on 8/23/2023