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City Commission

Regular Meeting

Deltona, FL · October 16, 2023

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, October 16, 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. Doug MacDonald, Kathy Bryan, Richard Bellach, and David Sosa addressed the City Commission. Mayor Avila called for a recess at 6:17 p.m. and reconvened at 6:30 p.m. BUSINESS MEETING - 6:30 PM City of Deltona Page 1 Printed on 10/27/2023 City Commission Minutes October 16, 2023 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Avila. 2. ROLL CALL – CITY CLERK: Present: 6 - Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Absent: 1 - 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 Regular Commission Meeting of October 2, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to approve the minutes of the Regular Commission Meeting of October 2, 2023, as presented. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Red Ribbon Week B. Proclamation - Proclaiming the week of October 16-22, 2023 as “Florida City Government Week”. C. Proclamation - Pregnancy & Infant Loss Remembrance Month D. Presentation - The Next Big Thing Daytona State College - Deltona Campus by Dr. Tom LoBasso, President, Daytona State College Dr. Tom LoBasso gave a presentation on the progress of the second building at the Deltona campus of Daytona State College. City of Deltona Page 2 Printed on 10/27/2023 City Commission Minutes October 16, 2023 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 10-2023, amending Section 110-806, “Fences, Walls, and Hedges,” of Article VIII, “Supplementary Regulations”, of Chapter 110 “Zoning”, of the Land Development Code (Ordinance No. 10-2023), at adoption hearing - Planning and Development Services (386) 878-8600. Strategic Goal: Demonstrate Effective Policy-Leadership Planning & Development Services Planner I Jessica Entwistle gave a brief description of the ordinance. The Commission and staff discussed ordinance verbiage, County requirements, signed and sealed documents, and certified documents. Mayor Avila opened and closed the public comments as there were none. Motion by Commissioner Colwell, seconded by Commissioner Burbank, to approve Ordinance No. 10-2023, with the removal of the section where it pertains to waterfront, golf course, side and rear yard requirements. Amended motion by Commissioner Colwell, seconded by Commissioner Burbank, to approve Ordinance No. 10-2023, leaving in the original section (g) and to change the language from "signed and sealed" to "signed and certified". The Commission discussed waterfront lots, golf course lots, fence heights, fence opacity, and the proposed changes to section (G) of Ordinance No. 10-2023. The City Attorney read the title of Ordinance No. 10-2023 for the record. The amended motion carried by the following vote: For: 4 - Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee Against: 2 - Mayor Avila, and Vice Mayor Bradford B. Public Hearing, Resolution No. 2023-47, a Resolution accepting the Final Plat for Osprey Estates Phase 1 for a 169-lot single-family subdivision on +55.6 acres - Planning and Development Services (386) 878-8600. Strategic Goal: Provide a diversity of housing choices in the City. City of Deltona Page 3 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Planning & Development Services Planner I Jessica Entwistel gave a brief presentation to include Osprey Estate Phase 1, Current State of the Property, Osprey Estates Phase 1 Final Plat, and Staff Recommendations. Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to accept Resolution No. 2023-47, accepting the Final Plat for Osprey Estates Phase 1 of the Doudney Residential Planned Unit Development, located at 555 Doyle Road with the following condition: 1. The Final Plat Development Order shall be recorded into the public records concurrently with the Performance Bond and Final Plat mylar. This recording shall be executed within 20 working days of the effective date of Resolution No. 2023-47. Mayor Avila opened the public comments. Rose Goitia, David Sosa, Adam Vazquez, Kara Vandyke, Isaac Torres, and Richard Bellach addressed the City Commission. Mayor Avila closed the public comments. The Commission and staff discussed wildlife, flooding, traffic, housing developments, taxes, Osprey Estates approval timeline, retention overflow, flooding and resolutions, the maintenance bond with D.R. Horton, added traffic stops, the traffic study, cross-access easements, emergency situations, Osprey Estates connections, traffic calming, LGI developments, unacceptable pumping practices, ownership of roads, issues being brought up when they happen, paving the planet, water levels, approving developments, illegal dumping, and trusting developers. The motion failed by the following vote: For: 3 - Vice Mayor Bradford, Commissioner Avila-Vazquez, and Commissioner Burbank Against: 3 - Mayor Avila, Commissioner Colwell, and Commissioner JodyLee The Commission, staff, and Ed Kassik from LGI Homes discussed what happens next, the final plat, approval process, addressing concerns about Osprey Estates, vested rights, meeting with developers, fixing issues, protecting residents, changing the plat, meeting requirements of chapter 177, issues in Courtland Park, elevation of Osprey Estates compared to abutting developments, illegal pumping, and contacting residents. The Acting Public Works Director suggested staff go back and listen to al the concerns that were brought up specific to Osprey Estates. Then look back at the plans, have discussions with staff and the applicant, and see if modifications can be made to resolve some of the concerns. City of Deltona Page 4 Printed on 10/27/2023 City Commission Minutes October 16, 2023 C. Public Hearing, Resolution No. 2023-50, granting a Conditional Use to allow a private school to operate at an existing church building for a property located at 600 Fort Smith Boulevard within an R1 Single-Family zoning district - Planning and Development Services (386) 878-8600. Strategic Goal: Economic Development - Work with existing businesses to expand/grow. Planning & Development Services Planner I Jonathan Knight gave a brief presentation to include Background Info, Aerial Photo, Conditional Use Request, Matters of Consideration, Matters of Consideration Highlights, Proposed Improvements, Improvements to Date, and Staff Recommendation. The Commission and staff discussed zoning, assembly requirements, reasons for a conditional use, sprinkler systems, fire code certification, for profit school, traffic, needing more information, paving type of parking lot, planning & zoning meetings, safe ingress and egress, and the new dumpster. Motion by Commissioner JodyLee, seconded by Commissioner Burbank, to approve Resolution No. 2023-50, granting a Conditional Use for a private school use to be located at 600 Fort Smith Boulevard with the five conditions. The Commission, staff, and the applicant discussed grade range, number of classrooms, teachers and students, center-based learning, proper grade-level education, fire sprinklers, and the accuracy of information presented. Mayor Avila opened the public comments. Kara Vandyke, Richard Bellach, Tammy Rogers, Adam Vazquez and Mackynzie Vandyke addressed the City Commission. Mayor Avila closed the public comments. The Commission and the applicant discussed not having a sprinkler system, drop off and pick up traffic, renting the space for tutoring, current use of the location, daycare requirements, size of the location, private schools, small class sizes, safety, gun violence, public school issues, and church services. The motion carried by the following vote: For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee Against: 1 - Vice Mayor Bradford City of Deltona Page 5 Printed on 10/27/2023 City Commission Minutes October 16, 2023 D. Resolution No. 2023-39, granting a Variance to waive the minimum lot size requirement on an existing 100-foot wide lot with an area of +0.92 acres within the RE-1, Residential Estate One zoning district located at 728 Riggs Avenue - Planning and Development Services (386) 878-8600. Strategic Goal: Economic Development Planning & Development Services Planner I Kaitlyn Apgar gave a brief presentation to include Variance Request, Parcel Details, Flood Map and Wetland Map, Zoning and Aerial, Background, Future Land Use Map, Buildable Area, RE-1 Requirements, Matters of Consideration, and Staff Recommendations. The Commission and staff discussed ownership, size of the house, setback measurements, minimum build-able square footage, relation to Lake Butler, wetland encroachment, similar variance decisions, AE Flood Zones, applicant's survey, and acreage. Motion by Commissioner Burbank, seconded by Commissioner Colwell, to approve Resolution No. 2023-39, granting a Variance to waive the minimum lot size requirement on an existing 100-foot wide lot with an area of +/-0.92 acres within the RE-1, Residential Estate One zoning district located at 728 Riggs Avenue. Mayor Avila opened the public comments. Elbert Bryan, Jim Norton, and James Heriot addressed the City Commission. Mayor Avila closed the public comments. The motion carried by the following vote: For: 4 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner Burbank, and Commissioner Colwell Against: 2 - Vice Mayor Bradford, and Commissioner JodyLee 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration for a reduction in the fine of $10,000.00 assessed pursuant to Special Magistrate Cases DEL-13-063 and DEL-13-064. Mr. Artemio & Ms. Vianey Artemio (daughter) were present regarding 990 Windbrook Drive, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702. City of Deltona Page 6 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Strategic Goal: Effective Governance and Productive Government Code Compliance Manager Danny Ron gave a brief explanation of the item and the history of the property owner. The Commission and staff discussed ownership timeline, timeline of code cases, lien searches, the Special Magistrate, fines associated with the property, inheriting fines, cash sales, no title sales, other code cases against the property, being made whole on expenses, doing one's due diligence, no urgency from property owner, and respect. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to not approve the reduction of fine on either case. The Commission and staff discussed the current code cases on the property, the reason for discovering the current liens, timeline of fine reduction requests, financial burdens, City programs, and flipping houses. Mayor Avila opened the public comments. Elbert Bryan addressed the City Commission. Mayor Avila closed the public comments. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee B. Consideration for a reduction in the fine of $19,350.00 assessed pursuant to Special Magistrate Case DEL-22-211 - MASSEY, reduced to $4,500.00. Mr. Shane Hidle Construction Supervisor with Mainstreet Renewal was present via Zoom, as representation for the property, located at 1567 Lavilla Street, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702 and Todd Meade, Code Compliance Officer. Strategic Goal: Effective Governance and Productive Governance Code Compliance Manager Danny Ron gave a brief explanation of the item. The Commission, staff, and Main Street Renewal Construction Supervisor Joshua Sutta discussed any current violations at other properties, violations, ownership of properties, size of Main Street Renewal Company, mistakes by subcontractor, misunderstanding of driveway project, adding to the community, issues with notice delivery, investment firms, permits for other repairs, timeline for pulling permits, contractor experience, and the timeline of notice and appeal. City of Deltona Page 7 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to deny the reduction of fine on one (1) lien case. In reference to case numbers DEL-22-211 - MASSEY. Mayor Avila opened the public comments. Elbert Bryan and Adam Vazquez addressed the City Commission. Mayor Avila closed the public comments. The Commission discussed the length of time for processing permits, fines accrued and negligence. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, and Commissioner JodyLee Against: 1 - Commissioner Burbank 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. Elbert Bryan, Kathy Bryan, David Sosa, and Kathy Gallagher addressed the City Commission. 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. Request approval of Proposal #23035 - 2023/2024 for the contract with Hera Property Registry, LLC. Danny Ron, Code Compliance Manager, (386) 878-8702. Strategic Goal: Public Safety - City beautification. Danny Ron gave a brief explanation of the item. City of Deltona Page 8 Printed on 10/27/2023 City Commission Minutes October 16, 2023 The Commission and staff discussed foreclosed homes, rental property registry, the contract, the cost and per property return. Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to approve the Proposal #23035 agreement with Hera Property Registry, LLC. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee B. Request approval for contract with Maschmeyer Concrete for as needed concrete work citywide in an initial amount of $57,500 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. Strategic Goal: Infrastructure Acting Public Works Director Phyllis Wallace gave a brief explanation of the item. The Commission and staff discussed the budgeted amount, usage for concrete, sidewalk repair, and recouping losses. Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to approve the contract with Maschmeyer Concrete for as needed concrete work citywide in an initial amount of $57,500. The 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 Burbank, Commissioner Colwell, and Commissioner JodyLee C. 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 the Owner-Occupied Repair project, listed below. - Angelia M. Briggs, Manager, Housing and Community Development (386) 878-8614. Strategic Goal: Community Development. Community Development Manager Angelia Briggs gave a brief explanation of the item and Vice Mayor Bradford suggested to expend no more than $30,000. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to direct staff to move forward with Owner Occupied Rehabilitation project City of Deltona Page 9 Printed on 10/27/2023 City Commission Minutes October 16, 2023 for the property located at, 1731 Oasis Avenue for $25,600.00. The property's expenditures will not exceed $30,000.00. The property will utilize Florida Housing Finance Corporation SHIP funds. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee D. Request approval of Resolution No. 2023-55, opposition to the proposed construction of the Belvedere Fuel Farm - Glenn Whitcomb, Interim City Manager (386) 878-8858. Strategic Goal: Quality of Life Interim City Manager Glenn Whitcomb gave a brief explanation of the item. The Commission discussed other proposed sites, sites along the coast, and resolutions. Commissioner Avila-Vazquez left the meeting at 9:22 p.m. Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to approve Resolution No. 2023-55, opposing the proposed construction of the Belvedere Fuel Farm and add the City of Deltona. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee E. Request approval of Resolution 2023-54 and Budget Amendment to increase the aid to private organizations account to fund the Halifax Urban Ministries Barracks of Hope Construction project for the Fiscal Year 2023-2024 at a cost of $25,000. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Finance Director Mari Leisen gave a brief explanation of the item. The Commission and staff discussed budgeted funds, vetting charities, Community Development Block Grant (CDBG) funds, presentations and voting, public comment, following procedures, public service organizations, providing documentation, ranking non-profit applications, aid to private organizations, budgets being mutable, changing priorities, taxpayer dollars, source of funds, available grants, grant money received, chasing grants, taxes, development, and saving money. City of Deltona Page 10 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to approve Resolution 2023-54 and Budget Amendment to increase the aid to private organization account to fund for the Halifax Urban Ministries Barracks of Hope Construction Project for the Fiscal Year 2023-2024 at a cost of $25,000. 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: 4 - Mayor Avila, Vice Mayor Bradford, Commissioner Colwell, and Commissioner JodyLee Against: 1 - Commissioner Burbank F. Request approval of the Task Authorization with Kimley-Horn for the design, permitting and pre-construction bidding services for a Test / Production potable well at the Keelhaul Road property adjacent to the Eastern Water Reclamation Facility, in accordance with their Agreement with the City of Deltona for Continuing On-Call Engineering Water & Wastewater Utility Plant Engineering Services; in an amount not to exceed $180,000 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. Strategic Goal: Infrastructure Acting Public Works Director Phyllis Wallace and Interim City Manager Glenn Whitcomb gave a brief explanation of the item. Motion by Vice Mayor Bradford, seconded by Commissioner Burbank, to approve and authorize the Task Authorization with Kimley-Horn for the design, permitting and pre-construction bidding services for a Test / Production potable well at the Keelhaul Road property in an amount not to exceed $180,000.00. The City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee G. Request approval of Resolution No. 2024-004, Budget Amendment and the Task Authorization -between the City of Deltona & Pegasus Engineering for Grant Application Development & Submittal in an amount not to exceed $103,155 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. City of Deltona Page 11 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Strategic Goal: Infrastructure Acting Public Works Director Phyllis Wallace gave a brief explanation of the item. The Commissioner and staff discussed the pre-determined cost, the item not being budgeted, grant match funds, 75% of cost being returned, home elevation, consulting fee, discussing the budgeting process, following policies and procedures, and the impact to adjacent properties. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to approve Resolution No. 2024-004, Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for Grant Application Development & Submittal in an amount not to exceed $103,155 The City Manager has the authority to make corrections of scrivener's errors and the like. Amended motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to approve Resolution No. 2023-56, Budget Amendment and the Task Authorization between the City of Deltona & Pegasus Engineering for Grant Application Development & Submittal in an amount not to exceed $103,155 The City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Burbank reported about the new sidewalk at Keysville Dog Park and he requested to televise the public comment portion of the Regular Commission Meetings. Vice Mayor Bradford requested that the rental ordinance be brought back to the Commission minus the elaborate charges and the Commission concurred to workshop this item. Vice Mayor Bradford requested information concerning if Deltona TV (DTV) existed any more and why residents are saying they have to register with YouTube to watch DTV. Vice Mayor Bradford and staff discussed DTV, YouTube, the City's FaceBook page, Spectrum, issues viewing DTV, individual service levels, camera improvements, and software issues. Vice Mayor Bradford and staff discussed agenda items up to $25,000 coming back to the City of Deltona Page 12 Printed on 10/27/2023 City Commission Minutes October 16, 2023 Commission on the Consent Agenda, public comments, pulling items, and budget amendments. Mayor Avila requested to put public comments after "PRESENTATIONS/AWARDS/REPORTS" and awards and the Commission concurred. Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to extend the meeting by 30 minutes. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: Interim City Manager Glenn Whitcomb spoke about the Spooktacular event, children's safety, wet swells, driving safety, the Pray For Peace event, and the Special Commission Meeting concerning the City Manager selection RFP. 14. CITY COMMISSION COMMENTS: Commissioner JodyLee spoke about a hostile work environment, doing one's job, monetary bribes, developers investing and donating to Deltona, City concerns, personal attacks, gotcha journalism, and doing what is right. Vice Mayor Bradford and staff spoke about Spooktacular, children's safety, Domestic Violence Awareness Night, Thanksgiving and a turkey give away, and a food drive. Mayor Avila spoke about praising City employees, the City Manager's responsibilities, verifiable issues, playing games, flooding, affordable housing, animosity, the Sunshine Law, and ethics. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 10:17 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 13 Printed on 10/27/2023

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, October 16, 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 10/11/2023 City Commission Regular Commission Meeting October 16, 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 Regular Commission Meeting of October 2, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: October 2, 2023 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Red Ribbon Week Background: The Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and involvement in drug prevention and reduction efforts. There is hope in winning the war on drugs, and that hope lies in education and drug demand reduction, coupled with hard work and determination of organizations such as the Youth Marines of the Marine Corps League to foster a healthy, drug-free lifestyle. B. Proclamation - Proclaiming the week of October 16-22, 2023 as “Florida City Government Week”. Background: City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents. Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement and positively impact lives by volunteering. The City of Deltona proclaims October 16-22, 2023 to be “Florida City Government Week” and encourage all citizens, city City of Deltona Page 2 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. C. Proclamation - Pregnancy & Infant Loss Remembrance Month Background: On October 25, 1988, President Ronald Regan designated October as Pregnancy and Infant Loss Awareness Month. Each year, approximately 1 million pregnancies in the United States end in miscarriage, stillbirth, the death of a newborn baby, or sudden infant death syndrome; approximately one in every four women suffers a miscarriage, stillbirth or infant loss. D. Presentation - The Next Big Thing Daytona State College - Deltona Campus by Dr. Tom LoBasso, President, Daytona State College Background: Update on the Daytona State College Deltona Campus Building construction. Attachments: 2023 - 10-16-23 - Deltona City Commission - Presentation on Deltona Building 2 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 10-2023, amending Section 110-806, “Fences, Walls, and Hedges,” of Article VIII, “Supplementary Regulations”, of Chapter 110 “Zoning”, of the Land Development Code (Ordinance No. 10-2023), at adoption hearing - Planning and Development Services (386) 878-8600. Strategic Goal: Demonstrate Effective Policy-Leadership Background: The City has an adopted Citywide Land Development Code (LDC). The City Land Development Code regulations change overtime based on times, trends, state preemptions, public input, and regulatory reviews amongst other things. Various revisions to the “Fences, Walls, and Hedges” regulations have occurred overtime. The City Commission adopted the latest revision to the “Fences, Walls, and Hedges” Section 110-806 of the City’s Land Development Code on May 16, 2016. On May 8, 2023, the City Commission conducted a workshop with a discussion of possible revisions to the current LDC Section 110-806. - “Fences, Walls, and Hedges” regulations. The commission and the public provided input on recommendations of revisions to the code. Highlighted within the discussion was the removal of the waterfront and golf course lot side and rear yard fence opacity requirements, addition of provisions for eight (8) - foot fences, and an overall simplification of the code section. Attached is the proposed Ordinance No. 10-2023, which includes changes to Section 110-806. - “Fences, Walls, and City of Deltona Page 3 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Hedges”. On September 18, 2023, at first reading, the City Commission moved to approve Ordinance No. 10- 2023, with a 6 to 1 vote, requesting staff to research the survey time requirement with surrounding municipalities. City’s staff reached out to Volusia County, Debary, and Orange City to see their time requirement for a survey. The survey requirements are as follows: Volusia County: sealed survey no older than five (5) years Ordinance (Source: Volusia County Website Survey Requirements <https://www.volusia.org/services/growth-and-resource-management/b uilding-and-zoning/permit-and-zoning-center/residential-permits/survey- requirements.stml>. Orange City: Survey no older than two (2) years (phone call 9/19/2023). Debary: case-by-case basis. Procedure: Debary’s staff verifies that the information on the survey is current. The survey must illustrate all the site/property improvements, if any. This information was provided by Debary’s Planning Staff on 9/20/2023. Based on the findings, City of Deltona’s staff recommends the Volusia County time survey requirement of “signed and sealed survey no older than five (5) years”. Highlights of proposed Ordinance No. 10-2023 are as follows: 1) Removal of the waterfront and golf course side and rear yard fence requirements. 2) Removal of the uniform opacity requirements. 3) Fence permits shall run with the land, and not required for replacement regardless of material. 4) New provision for eight (8) - foot tall fences along the side street and rear yards. 5) Recommended revisions to the wall requirements, providing for only privacy and retaining walls with a required drainage review from Public Works. 6) Sight visibility triangle requirements for fences, walls, and hedges within corner lots. 7) Fence permits shall require a signed and sealed survey no older than five (5) years, and the permit shall run with the land. Attachments: 2-Ordinance 10-2023_Amendment to Section 110-806_Fences-Walls-and Hedge SECTION 110-806 -Underline-Strikethrough format SECTION 110-806 - Clean Document B. Public Hearing, Resolution No. 2023-47, a Resolution accepting the Final Plat City of Deltona Page 4 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 for Osprey Estates Phase 1 for a 169-lot single-family subdivision on +55.6 acres - Planning and Development Services (386) 878-8600. Strategic Goal: Provide a diversity of housing choices in the City. Background: The Final Plat application is to allow a 169-lot single family subdivision on approximately 55.6 acres of land located on the south side of Doyle Road, east of Courtland Park. The proposed subdivision provides for 169 single-family lots, typically 40x120 and 50x120, open space tracts. Landscape bugger tracts, stormwater tracts, an amenity center, a trail, three streets to be dedicated to the City as Public Rights-of-way via Tract A. The subdivision will provide a direct connection to Doyle Road, and provide a stub-out of Osprey Estates Circle to the property to the south for future development. Consistent with Land Development Code Section 96-76, the City received a Performance Bond in the amount of $1,668,578.47. The Final Plat has been deemed to comply with all standards established in the Doudney RPUD Development Agreement and Chapter 177 of the Florida Statutes. Review of plats are technical in nature. These reviews involve a range of engineering-oriented matters and the implementation of already decided policy - i.e. terms of the Doudney Reserve RPUD. Therefore, based on the technical review of staff, the Final Plat complies with all standards established in the Doudney Reserve RPUD Development Agreement, Chapter 106 of the City Land Development Code, and Chapter 177, Florida Statutes. Plat details including a location map are part of Exhibit “B” of attached Resolution No. 2023-47. Attachments: DRC Staff Report_Final Plat OSPREY ESTATES Osprey Estates Phase 1 Dev. Order Resolution No 2023-47 Maps VCSB Concurrency Letter Recorded DA - Doundey RPUD Osprey Estates PPT C. Public Hearing, Resolution No. 2023-50, granting a Conditional Use to allow a private school to operate at an existing church building for a property located at 600 Fort Smith Boulevard within an R1 Single-Family zoning district - Planning and Development Services (386) 878-8600. City of Deltona Page 5 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Strategic Goal: Economic Development - Work with existing businesses to expand/grow. Background: The applicant is requesting to add a new use through the Conditional Use process for the property located at 600 Fort Smith Boulevard. The property was developed in 2000, with an approximately 2,692-square-foot main structure. The parking facility consists of 31 parking spaces, which includes 27-9’x19’ standard spaces and four (4) -12’x19’ handicap parking spaces. Currently, the site is served by one (1) 23-foot wide driveway entrance located on the south side of the property, off of Fort Smith Boulevard. The current use of this facility is a house of worship. The proposal is to allow the existing structure to be repurposed during the weekdays for a not-for-profit private school consisting of two (2) classrooms. Mission Academy was established in 2023, and will be managed by Deborah Lively. Mission Academy will serve students from kindergarten through 8th grade. The school will be specialized to provide exceptional education, by state certified seasoned educators. The facility will operate Monday through Friday from 8:00 a.m. to 3:00 p.m., and educate a maximum of 30 students. For more information please refer to the Staff Report and related supporting materials. At the September 20, 2023, the Planning and Zoning Board recommended the City Commission approved Resolution No. 2023-50, granting a Conditional Use for a private school to be located at 600 Fort Smith Boulevard unanimously, with the following conditions: 1. A maximum occupancy of 30 students with two (2) staff has been approved. If the occupancy load proposes to exceed 30 students with 2 staff, a new Conditional Use application shall be submitted to the Planning and Development Services Department for determination of an expansion to the Conditional Use. 2. The private school must meet all applicable Florida Statutes requirements. 3. A new Business Tax Receipt is required for 600 Fort Smith Boulevard. 4. A change of use permit application is required for the new educational occupancy use. 5. The site shall conform to the approved Site Plan Construction Drawings, Development Order, and other related documents for this project. City of Deltona Page 6 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Attachments: Staff Report - 600 Fort Smith Blvd. CU23-0006 Resolution No 2023-50 Maps for 600 Fort Smith Blvd. 600 Ft Smith- Survey with Mark up Narrative VC Health Dept. Capacity Letter 600 Fort Smith Blvd PPT D. Resolution No. 2023-39, granting a Variance to waive the minimum lot size requirement on an existing 100-foot wide lot with an area of +0.92 acres within the RE-1, Residential Estate One zoning district located at 728 Riggs Avenue - Planning and Development Services (386) 878-8600. Strategic Goal: Economic Development Background: The applicant desires to develop the property located at 728 Riggs Avenue with a single-family residence. The property is zoned RE-1, Residential Estate One zoning district and surrounded by unplatted developed lots. The applicant is requesting a Variance to waive the minimum size standards stipulated within Section 110-306 of the Land Development Code. The Variance from the RE-1 minimum lot size standard would allow the applicant to develop a single-family residence on a non-conforming, but viable lot. Despite the lot size non-conformity, the applicant would be able to construct a single-family residence to all other requirements. At the September 20,2023, the Planning and Zoning Board recommended the City Commission approved Resolution No. 2023-39, the Variance application for 728 Riggs Avenue with a 4 to 3 vote. Attachments: P & Z Staff Report VAR23-0001 Resolution No 2023-39 Combined Maps Letter of Justification Lot Letter Variance Presentation_728 Riggs Ave 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration for a reduction in the fine of $10,000.00 assessed pursuant to Special Magistrate Cases DEL-13-063 and DEL-13-064. Mr. Artemio & Ms. City of Deltona Page 7 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Vianey Artemio (daughter) were present regarding 990 Windbrook Drive, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702. Strategic Goal: Effective Governance and Productive Government Background: Regarding Cases DEL-13-063 and DEL-13-064 . DEL-13-063 Violation: City of Deltona Ordinance, Section 14-141(c) It shall be the duty of the owner or person responsible for any dog or cat brought into the city or acquired to have the dog or cat licensed in accordance with this division within 15 days after the dog or cat is brought into the city or acquired, or before the dog or cat reaches six months of age, whichever comes first. Corrective action: Must license the animal(s) within 72 hours. The total amount due - $10,000.00 Staff time and cost into this case is $1,000.00 DEL-13-064 Violation: City of Deltona Ordinance, Section Sec. 14-201(a) Every person who owns or harbors a dog or cat in the city shall have such dog or cat annually vaccinated against rabies by a licensed veterinarian. Evidence of such vaccination shall consist of a current certificate issued and signed by the veterinarian administering the vaccination. The owner or custodian of any animal required by this section to be inoculated against rabies shall keep a current rabies tag with the year attached to the animal at all times. Corrective action: Must vaccinate against rabies within 72 hours. The total amount due - $10,000.00 Staff time and cost into this case is $1,000.00 On September 27, 2023 Mr. Artemio & Ms. Vianey Artemio (daughter) appeared before the Special Magistrate to request a recommendation to reduce the fine. Ms. Eick stated she was in favor of a reduction in this case. For the animals belonged to the previous owners in the two (2) cases. Based on the finding that the property is in full compliance, the Special Magistrate Kristin Eick made a recommendation to reduce the fine to $1,000.00 for each case file and stated it would have to go before the City Commission for the decision . (DEL-13-063 and DEL-13-064) for a total fine of $2,000.00. City of Deltona Page 8 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Attachments: DEL-13-063 - Animal License Request to Reduce Fine - Lien DEL-13-063 DEL-13-064 - Animal Vaccinations Request to Reduce Fine - Lien DEL-13-064 B. Consideration for a reduction in the fine of $19,350.00 assessed pursuant to Special Magistrate Case DEL-22-211 - MASSEY, reduced to $4,500.00. Mr. Shane Hidle Construction Supervisor with Mainstreet Renewal was present via Zoom, as representation for the property, located at 1567 Lavilla Street, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702 and Todd Meade, Code Compliance Officer. Strategic Goal: Effective Governance and Productive Governance Background: Regarding Cases DEL-22-211 - MASSEY DEL-22-211 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective action: You must obtain a permit (CONCRETE WORK). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. The total amount due - $19,350.00 Staff time and cost into this case is $1,100.00 On September 27, 2023 Mr. Shane Hidle Construction Supervisor with Mainstreet Renewal was present via Zoom, appeared before the Special Magistrate to request a recommendation to reduce the fine. Ms. Eick stated she was in favor of a reduction in this case. The costs of the case by Code Compliance staff will be covered by the fine reduction amount. Based on the finding that the property is in full compliance, the Special Magistrate Kristin Eick made a recommendation to reduce the fine to $4,500.00 for the case file and City of Deltona Page 9 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 stated it would have to go before the City Commission for the decision . (DEL-22-211 - MASSEY) for a total fine of $4,500.00 . Attachments: DEL-22-211 MASSEY - Lien Affidavit of Compliance - DEL-22-211 MASSEY Request to Reduce Fine - Lien DEL-22-211 MASSEY 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. Request approval of Proposal #23035 - 2023/2024 for the contract with Hera Property Registry, LLC. Danny Ron, Code Compliance Manager, (386) 878-8702. Strategic Goal: Public Safety - City beautification. Background: The City Commission adopted the Deltona Anti-blight Ordinance No. 12-2014 on July 21, 2014, which requires certain mortgagees foreclosing properties in Deltona to register with the City, pay a $300.00 fee, and provide identifying information. Hera Property Registry, LLC to register mortgagees and track mortgage foreclosure activity. However, the agreement with Prochamps has recently expired. Hera Property Registry, LLC is a Florida Corporation based in Brevard County that provides registration and tracking services to numerous local governments throughout Florida and in other states. Entering into a new agreement with Hera Property Registry, LLC would permit the City to continue the services as held in the past by Prochamps. In addition, staff will still have access to the Hera Property Registry, LLC data base for purposes of having direct contact with mortgagees, to report code violations on properties in foreclosure, and demanding that City of Deltona Page 10 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 code violations be corrected. Attachments: Hera Property Registry LLC - Proposal #23035 - 2023 - 2024 Agreement-Hera Property Registry, LLC.docx B. Request approval for contract with Maschmeyer Concrete for as needed concrete work citywide in an initial amount of $57,500 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. Strategic Goal: Infrastructure Background: The City of Deltona bid ITB#23034 - Ready Mix Concrete that was broadcasted to 706 Suppliers, there were 7 plan holders, 1 Supplemental Supplier through Demandstar. One (1) bid was received for ITB#23034 from Maschmeyer Concrete. Services from Maschmeyer Concrete are used for sidewalk repairs, driveway repairs and other areas where infrastructure work was completed that warranted concrete remove & replacement. Parks & Recreation will be able to utilize the services of Maschmeyer Concrete for any concrete work they perform in-house. Attachments: Approval of Award to Maschmeyer Concrete 9.23 C. 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 the Owner-Occupied Repair project, 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 household/property 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 property is: 1731 Oasis Avenue For more detailed information related to each scope of work, see the City of Deltona Page 11 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 attached rehabilitation proposal from Parthy Construction. Parthy Construction was the lowest bidder, among all the bidders, for the above referenced property . Finally, the State funds invested in this property 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 housing in the vicinity. Better housing stock equates to a greater overall City tax base benefit. Attachments: Change Order for 1731 Oasis- Garbatini.pdf D. Request approval of Resolution No. 2023-55, opposition to the proposed construction of the Belvedere Fuel Farm - Glenn Whitcomb, Interim City Manager (386) 878-8858. Strategic Goal: Quality of Life Background: The Belvedere Fuel Farm proposal for unincorporated Ormond Beach is expected to tender a tremendous negative impact on the quality of life for the residents of that area. Among the many concerns are the major traffic impacts, environmental concerns, and the extreme industrial use in proximity to several subdivisions, a large recreation complex, and a nearby airport. Therefore, the Volusia League of Cities has asked all of its members to pass a resolution to support Ormond Beach in its fight against this project. As discussed at the Regular City Commission Meeting held on October 2, 2023, this resolution is being presented at the consensus of the City Commission. Attachments: Resolution No. 2023-55 Ormond Beach Letter to FDEP News Journal Article (1) News Journal Article (2) E. Request approval of Resolution 2023-54 and Budget Amendment to increase the aid to private organizations account to fund the Halifax Urban Ministries City of Deltona Page 12 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Barracks of Hope Construction project for the Fiscal Year 2023-2024 at a cost of $25,000. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: At the October 2, 2023 meeting, the Commission approved an increase in funding for the aid to private organizations account in support of the Halifax Urban Ministries Barracks of Hope Construction project. A budget amendment has been prepared to fund the $25,000 expenditure. The source of funds is the General Fund balance. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: 2023-54 Reso - BA 2024-002 Barracks of Hope Construction October 2, 2023 RCM Minutes BA2024-002 Barracks of Hope Construction - City Comm F. Request approval of the Task Authorization with Kimley-Horn for the design, permitting and pre-construction bidding services for a Test / Production potable well at the Keelhaul Road property adjacent to the Eastern Water Reclamation Facility, in accordance with their Agreement with the City of Deltona for Continuing On-Call Engineering Water & Wastewater Utility Plant Engineering Services; in an amount not to exceed $180,000 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. Strategic Goal: Infrastructure Background: This project is to design, permit, and pre-construction bid a test / production potable well at City of Deltona owned property outside of the Blue Springs Spring Shed. Successful completion of potable water wells outside of the Spring Shed will allow for the elimination of wells within the Spring Shed in accordance with our St Johns Water Management District Consumptive Use Permit. Attachments: Deltona Test and Production Well Scope Attachment A Test Well Cost Summary and Breakdown G. Request approval of Resolution No. 2024-004, Budget Amendment and the Task Authorization -between the City of Deltona & Pegasus Engineering for Grant Application Development & Submittal in an amount not to exceed $103,155 - Phyllis Wallace, Interim Public Works Director (386) 878-8965. Strategic Goal: Infrastructure Background: On May 18, 2023, the City of Deltona conducted a Residential Flood City of Deltona Page 13 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 Mitigation Workshop. Based on the information presented at the workshop, six homeowners have requested the City pursue HMGP application to elevate their homes above the base flood (100-year) elevation application total cost $38,365. The existing residential structure at 2560 West Tulsa Drive is in the Lake Windsor/ Elston Lake drainage basin. The Lake Windsor/ Elston Lake watershed is classified as a closed (land-locked) drainage basin that has an extensive history of structural and roadway flooding. The property owner requested that the City to assist in mitigating future flood events by elevation of the home - application cost $19,895. City Hall is approximately 47,000 square feet of air-conditioned space. City Hall was occupied in 2003. City Hall Commission Chambers is utilized as the EOC during a declared disaster, which is approximately 9,000 square feet. The current generator only provides emergency power to the EOC and limited emergency outlet power & lighting to the remainder of the building. City staff that is assigned to the EOC will remain in the chamber portion of City Hall when on shift; but will find offices and other free floor space to bunk down for rest during their off hours. If there is a power outage, the remainder of the building is without air-conditioning making any opportunity for staff to rest uncomfortable at best. The City is desirous of replacement of the current generator with an upgraded generator that will provide ample service to run the entire building during a power outage. It is anticipated that a 900 KW generator with an automatic transfer switch and a 2,000-gallon diesel fuel tank will provide all necessary back up power to service the entire building - application cost $25,000. The existing residential structure at 2890 Blackburn Avenue is in the Lake Theresa watershed. The Lake Theresa watershed is classified as a closed (land-locked) drainage basin with a history of structural and roadway flooding. Due to significant storm events (e.g., Tropical Storm Fay, as well as Hurricanes Irma and Ian) and during periods of prolonged above average rainfall (e.g., El Nino), the watershed experiences prolonged periods of flooding. This property experienced severe flooding during Hurricanes Ian & Nicole and is requesting application submittal for reconstruction of the home to mitigate future flood events - application cost $19.895. HMGP applications are a 75/25 cost share, where the property owner is required to pay the requisite 25% cost. Staff will be presenting to the City Commission in the upcoming months the results of the application submittals and those projects that result in a positive cost benefit analysis will proceed to the next step of the program, where the City will need to determine how to up-front the cost of the 75%, which will be City of Deltona Page 14 Printed on 10/11/2023 City Commission Regular Commission Meeting October 16, 2023 eligible for refund and the collection of the 25% share from the property owners (residential) & fund the generator cost share. Attachments: Pegasus Hurricane Nicole HMGP Application Task Authorizations 2023-56 Reso - BA 2024-004 HMGP grant administration BA2024-004 HMGP grant administration 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 15 Printed on 10/11/2023

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