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, May 1, 2023

6:30 PM

Deltona Commission Chambers

1. CALL TO ORDER:

2. ROLL CALL – CITY CLERK:

3. INVOCATION AND PLEDGE TO THE FLAG:

Invocation presented by District #6 Commissioner.

At the Regular City Commission Meeting on Monday, October 17,

2011, the City Commission approved to have each Commissioner by

Background:

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:

Approval of minutes of the Regular Commission Meeting of April 17, 2023, as

presented - Joyce Raftery, City Clerk (386) 878-8502.

N/A

Background:

Attachments:

April 17, 2023 RCM Minutes

5. PRESENTATIONS/AWARDS/REPORTS:

Super Star Student of the Month Certificates for April 2023.

Super Star Student of the Month awards for April 2023 will be

Background:

presented to:

1. Deltona Lakes Elementary, Lillie Farmer, 5th Grade

2. Discovery Elementary, Theophile Viard, 5th Grade

3. Enterprise Elementary, Caiden Haas, 5th Grade

4. Forest Lake Elementary, Sincere Mckiver, 5th Grade

5. Friendship Elementary, Tristan Rivera, 2nd Grade

6. Pride Elementary, Noah Ramos, 5th Grade

7. Spirit Elementary, Ryder Carruth, 3rd Grade

8. Sunrise Elementary, Daniella Flores, 3rd Grade

9. Timbercrest Elementary, Nolan Lundquist, 3rd Grade

10. Volusia Pines Elementary, Joliamys Soto Agosto, 5th Grade

12. Galaxy Middle, Donna Miller, 8th Grade

13. Heritage Middle, Hazleigh Zillmann, 6th Grade

14. Deltona High, Thalia Esteves, 9th Grade

15. Pine Ridge High, Caleb Foster, 11th Grade

Proclamation - Day of Prayer.

A proclamation to recognize the National Day of Prayer held on May 4,

2023, with the theme, “Pray Fervently in Righteousness and Avail

Much,” based on the verses in James 5:16b, “The effective, fervent

prayer of a righteous man avails much.”

Background:

Proclamation - Mental Health Awareness Month.

A Proclamation recognizing the Month of May, 2023 as Mental Health

Background:

Awareness Month. Mental health month is an opportunity to increase

public understanding of the importance of mental health and to promote

the identification and treatment of mental health.

Proclamation - Professional Municipal Clerks Week.

A proclamation to recognize the week of April 30 - May 6, 2023 as

Background:

Professional Municipal Clerks Week to extend our appreciation to our

Municipal Clerk, Deputy City Clerk and staff for the vital services that

they perform and their exemplary dedication to the City of Deltona.

6. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the

agenda and comments on items listed on the agenda will take place after discussion

of each item. Please be courteous and respectful of the views of others. Members of

the City Commission shall not enter into discussion or respond to individuals'

comments during the public forum other than to give directions or to ask for

clarification. However, individual Commissioners may wish to respond under their

"City Commission Comments". Personal attacks on Commission members, City staff

or members of the public are not allowed, and will be ruled out of order by the

Mayor. Citizen comments for any items. (4 minute maximum length per speaker).

7. ORDINANCES AND PUBLIC HEARINGS:

Public Hearing - Ordinance No. 07-2023, repealing Ordinance No. 11-2018,

Chapter 96-Improvements-Article II-Design and Construction Standards of

Improvements-Section 96-34-Water and Sewer, (c) Sewer Facilities; By

creating a new Subsection (C) 7-Relating to Sewer Connection; Repealing New

Subsection (C) 7-Relating to Sewer Connection. - City Manager (386)

878-8858.

Strategic Goal: Infrastructure

Ordinance No. 07-2023 is being presented to repeal Ordinance No.

11-2018 which amended provisions of Chapter 96 - Improvements and

to include a provision which allows existing residential customers to

voluntary connect to the City of Deltona sewer system, if the customer

so desires and if such sewer service is available, but does not under

any circumstance force an existing residential customer to connect to

the City of Deltona’s sewer system.

Background:

Ordinance No. 07-2023

Ordinance No. 11-2018

Attachments:

8. OLD BUSINESS:

Motion for rehearing of 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 26.57 acres of land to be included within the Deltona Village BPUD.

The applicant proposed a third amendment to the Deltona Village

BPUD. The requested amendment via Ordinance No. 04-2023,

requests the following:

Background:

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 26.57 acres, and to clarify remaining entitlements

between the landowner and the City; and

3.) Rezone an additional +/-26.57 acres of land to be 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 March 15, 2023.

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

for the project (652-unit cap). Concerns regarding School Concurrency

were also expressed.

The applicant has requested a motion for rehearing per Section

110-1005. - Rehearing and administrative res judicata. This provision

can be invoked if it is alleged that the City Commission, as the case

may be, has overlooked or misapprehended some facts or points of

law. The rehearing provision allows the aggrieved party to request the

City Commission rehear the application if a motion is filed in writing to

the Planning and Development Services Department, within 10 working

days of the rendition of the decision, and stating grounds for the

request. The movant shall serve it by certified mail or hand delivery

upon the Mayor and the City Manager and all adjoining property owners

previously notified of the hearing, together with a notice stating the date,

time and place it will be orally presented to the commission.

Upon oral presentation by the aggrieved party, the Commission may

grant the motion with stated reasoning for doing so, and set a time,

date and place for another public hearing upon due notice.

Staff provided a Rendition Letter to the applicant on April 4, 2023, and

a revised letter on April 5, 2023. The applicant filed a motion for

rehearing on April 14, 2023, within the 10 working days of receipt of the

Rendition Letter issued by staff.

For more information please refer to the motion for rehearing and

attachments.

Cover Letter 4-14-23.pdf

Attachments:

Motion for Rehearing.pdf

EXHIBITS - Motion for rehearing

Law for Motion for Rehearing

DV Gallery of Villages Vision WolfPack 3.30.23

9. NEW BUSINESS:

Consideration of appointment or re-appointment of seven (7) members to the

William S. Harvey Deltona Scholarship Advisory Board. - Joyce Raftery, City

Clerk (386) 878-8502.

Strategic Goal: Internal and External Communication.

The terms of all seven (7) members of the William S. Harvey Deltona

Scholarship Advisory Board will expire on May 31, 2023. All of the

current members have expressed that they wish to be re-appointed to

this Board.

Background:

The City posted the openings on D-TV and the City's web page. To

date the City has received applications from the following individuals:

Members Lori Burbank, Walter Dawson, Sandra Dillard, Ruben

Medina, Harry Meeks, Cristina Raimundo, and Applicants Liany Arvelo,

Samantha Baruah, Elizabeth Chavez, Gilarys Garcia, and Angela

Hudson.

William S. Harvey Deltona Scholarship Advisory Board By-

William S. Harvey Deltona Scholarship Member List 04-21-

Member Lori Burbank

Attachments:

Member Walter Dawson

Member Sandra Dillard

Member Ruben Medina

Member Harry Meeks

Member Cristina Raimundo

10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and

concerns on the Consent Agenda item(s). Please complete a public participation slip

and indicate in the subject line the issue you wish to address. Members of the City

Commission shall not enter into discussion or respond to individuals' comments

during the public forum other than to give directions or to ask for clarification.

Please be courteous and respectful of the views of others. Personal attacks on

Commission members, City staff or members of the public are not allowed, and will

be ruled out of order by the Mayor.

11. CONSENT AGENDA: The Consent Agenda contains items that have been

determined to be routine and non-controversial. If discussion is desired by any

member of the City Commission, that item must be removed from the Consent

Agenda and considered separately. All other matters included under the Consent

Agenda will be approved by one motion. Citizens with concerns should address

those concerns by filling out a public participation slip and giving it to the Deputy

City Clerk prior to Consent Agenda items being pulled.

Request approval of work order agreement with CPH, LLC. for continuing

consulting engineering services for City Hall Upgrades and Repairs. - Mark

Manning, Parks & Recreation (386) 878-8905.

Strategic Goal: Infrastructure

This work order dated 2/24/2023 is an extension to a previously

entered into agreement dated 4/26/2022. It is the intent of this Work

Order to provide architectural and engineering services in connection

with the assessment of the exterior envelope of the City Hall Building.

Services shall include review of the facility as well as field investigation

Background:

by the architect / engineer to establish the deficiencies of the existing

building that are causing water intrusion and damage to interior

finishes. The deliverable for this task shall consist of a report that

summarizes the assessment and makes a

recommendation on the corrective actions needed.

Scope of Services - Deltona City Hall Envelope Survey

Agreement - Fully Executed - CPH, Inc.

Attachments:

Request approval to authorize the utilization of Pegasus Engineering &

TetraTech, Inc. to provide professional services related to Grant Compliance

Services on an as needed basis. The City requires qualified firms skilled in

providing assistance and support for grant management in order to maximize

and leverage funding from the Federal Emergency Management Agency, the

State of Florida Division of Emergency Management, the Department of

Economic Opportunity and other funding partners at the State & Federal levels.

Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.

Strategic Goal: Infrastructure

The City has unique and extensive community needs after the impacts

of Hurricane Ian & Nicole in 2022. The unprecedented flooding and

damages sustained not only to Deltona but the entire State of Florida

has opened up many funding opportunities that the City needs to

proactively and assertively pursue.

Background:

The City of Deltona advertised for Request for Qualifications in April

2023 and received two (2) submittals from Pegasus Engineering &

TetraTech, Inc. The selection committee members ranked each firm

with a potential of 103 possible points.

The magnitude of possible

projects to pursue through grant applications justifies the need to have

two firms ready to engage in services as needed.

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.

RFQ #23013 - Pegasus Proposal

Pegasus Grant Services - Hourly Rates

Tetra Tech Hourly Rate Schedule

Ranking Sheet 4.23

Attachments:

Tetra Tech SOQ_RFQ 23013

12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:

13. CITY ATTORNEY COMMENTS:

14. CITY MANAGER COMMENTS:

15. CITY COMMISSION COMMENTS:

16. ADJOURNMENT:

NOTE: If any person decides to appeal any decision made by the City Commission

with respect to any matter considered at this meeting or hearing, he/she will need

a record of the proceedings, and for such purpose he/she may need to ensure that

a verbatim record of the proceedings is made, which record includes the testimony

and evidence upon which the appeal is to be based (F.S. 286.0105).

Individuals with disabilities needing assistance to participate in any of these

proceedings should contact the City Clerk, Joyce Raftery 3 business days in

advance of the meeting date and time at (386) 878-8500.