City Commission

2345 Providence Blvd. Deltona, FL 32725 City of Deltona Minutes City Commission 6:30 PM Deltona Commission ChambersTuesday, January 16, 2024 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. 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Vice Mayor JodyLee. 2. ROLL CALL – CITY CLERK: Vice Mayor JodyLee Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner McCool Present: 5 - Mayor AvilaAbsent: 1 - 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by the Mayor. National Anthem - Deltona Lakes Elementary. 4. APPROVAL OF MINUTES & AGENDA: Page 1City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes A. Approval of minutes of the Regular Commission Meeting of January 2, 2024, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to approve the minutes of the Regular Commission Meeting of January 2, 2024, as presented. The motion carried by the following vote: For: Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner McCool 5 - 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Annual Holiday Parade Awards. 9. NEW BUSINESS: A. Request approval of the City Manager Salary as presented by Colin Baenziger and Associates - Glenn Whitcomb, City Manager (386) 878-8858. Strategic Goal: Effective Governance and Productive Government Mr. Colin Baenziger discussed the salary range, factors to consider, budgeted salary, managers looking for opportunities, Deltona's City Manager history, the population and salary ranges. The Commission and Mr. Baenziger discussed beach cities vs. a bedroom community, city criteria, gap in salary, blanket salary, Mr. Baenziger's recommendation, competing against other cities, being competitive, and other cities looking for City Managers. The Vice Mayor opened the public comments and William Mabery, Elbert Bryan, Richard Bellach, and David Sosa addressed the City Commission. The Commission and Mr. Baenziger discussed the recommended salary range, incentivising, a salary cap, other comparable cities and population, City Manager qualifications, the tax base, negotiations, and researching other cities with other criteria. Motion by Commissioner Avila-Vazquez to approve the City Manager salary as presented by Colin Baenziger. The motion died for lack of a second. Commissioner Burbank discussed dollar store managers, energy and vision, and continuing the City Manager search. Page 2City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes Vice Mayor JodyLee passed the gavel to Commissioner Avila-Vazquez. Motion by Vice Mayor JodyLee, seconded by Commissioner Colwell, to approve the City Manager Salary as presented by Colin Baenziger with salary range from $160,000 to $200,000. The motion carried by the following vote: For: Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, and Commissioner McCool 4 - Against: Commissioner Burbank1 - Commissioner Avila-Vazquez passed the gavel back to Vice Mayor JodyLee. 6. PUBLIC FORUM: Public 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. Michael Wright, Doug MacDonald, Carolyn Hickerson, Richard Bellach, Marsha Marsha Marsha, Terri Ellis, William Mabery, David Sosa, Kathy Bryan, Varonica Sambells-Mason, Elbert Bryan, Dori Harrington, and Ray Coomzs addressed the City Commission. 5. PRESENTATIONS/AWARDS/REPORTS: B. Presentation - The American Way - Toni Hunt Ms. Toni Hunt with The American Way gave a brief PowerPoint Presentation to include About the Company, Our Mission and Vision, Our Goals, Our Offered Partnerships, Partnership Dynamics, Milestones Timeline, Projected and Master Plan Market. The Commission and Ms. Hunt discussed the data presented, residents with subsidies, residents out of work, high school graduation numbers, homelessness, real numbers, median points, data points, cost to the city, increasing GDP, 2040 Strategic Plan, restaurants and lunch crowds, outsourcing, and the proposed downtown. 7. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 04-2024, creating Chapter 76, Affordable Housing of the Land Development Code, relating to Affordable Housing Page 3City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes and the Live Local Act, at second and final reading - Planning and Development Services (386) 878-8600. Strategic Goal: Community Development The Planning & Development Services Planner II gave a brief PowerPoint Presentation to include the background, the purpose, Section 166.04151(7)f, zoning requirements, Affordable Housing Project Review Committee (AHPRC), live local eligibility, dimensional requirements, and staff recommendations. Commissioner McCool asked if there has been any direction on the expedition of permits as discussed in HB 665 and SB 684. Ms. Entwistle replied that the aforementioned bills speed up the permit process for anything that is considered affordable housing. Vice Mayor JodyLee opened the public hearing and William Mabery addressed the City Commission. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Burbank, to adopt Ordinance No. 04-2024, creating Chapter 76, Affordable Housing of the City of Deltona Land Development Code. The motion carried by the following vote: For: Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner McCool 5 - B. Public Hearing - Ordinance No. 03-2024- 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 Deltona Retail Commercial District (C-1). - Planning & Development Services (386) 878-8600 Strategic Goal: Economic Development The City Attorney swore in everyone that wished to speak on this item. Each Commissioner disclosed their ex-parte communications. The Planning & Development Services Planner II gave a brief PowerPoint Presentation to include Rezoning Application Request, Background, Existing Site with Zoning, Professional Business Zoning, Proposed Zoning - Retail Commercial, Maps, Matters of Consideration, and Matters of Consideration Highlights. Commissioner Burbank and the Planning & Development Planner II discussed the list of uses and enforcement. Page 4City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes Bill Barfield, representative for the applicant, discussed an error in presented measurements, uses and restrictions, and suggestions for businesses placed there. Vice Mayor JodyLee opened the public hearing and William Mabery addressed the City Commission. Mr. Barfield, the Commission, and staff discussed required tools, potential noise, prohibitive uses, having a PUD (Planned Unit Development), branding of stores, discount stores, box stores, terminology, voluntarily agreeing to prohibited use, and a future workshop. Motion by Commissioner Burbank, that the City Commission approve Ordinance No. 03-2024- Amending the official Zoning Map to Rezone an approximately 1.37 - acre located at 3150 Howland Boulevard from Professional Business Zoning District (PB) to the City of Deltona Retail Commercial District (C-1) with the exclusion of prohibitive uses. The motion died for lack of a second. Motion by Commissioner McCool, seconded by Vice Mayor JodyLee, to approve Ordinance No. 03-2024, amending the Official Zoning Map to rezone a 1.37-acre parcel located at 3150 Howland Boulevard from Professional Business to Retail Commercial at first hearing. The motion failed by the following vote: For: Vice Mayor JodyLee, and Commissioner McCool2 - Against: Commissioner Avila-Vazquez, Commissioner Burbank, and Commissioner Colwell 3 - C. Public Hearing - Ordinance No. 02-2024, amending the Deltona Village Business Planned Unit Development (BPUD) to rezone an additional + 25.96 acres of land to be included within the BPUD - Planning and Development Services (386) 878-8600. Strategic Goal: Community Development The City Attorney swore in everyone that wished to speak on this item. Each Commissioner disclosed their ex-parte communications. The Planning & Development Services Planner II gave a brief PowerPoint Presentation to include BPUD Amendment Application Request, Background, History of this request, Expansion Parcels, Existing Deltona Village BPUD Site, Previous Deltona Village BPUD Amendments, Deltona Village BPUD, Matters of Consideration, Matters of Consideration Highlights, and Staff Recommendation. Page 5City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes The Commission and staff discussed recent meeting between the City and the County, the TIA (Traffic Impact Analysis), County rescinding its position, P&Z Board meeting, build out date, recording paperwork, proportionate fair share, legal obligations, TPO (Transportation Planning Organization) and road funding, 2009/2010 agreement, road upgrades, Amazon and traded projects, the projects history, stall tactics, money due the City, staff changes, the comprehensive plan, lies to staff, outdated studies, project timelines, instituting caps on time, development orders and site plans, phone calls between staff and applicant, and what is being built. Attorney Kim Booker of Booker & Associates, representing the applicant, discussed the County's letter, apartments, proportionate fair share, construction, the City's presentation, the Development Agreement, the traffic analysis, County recommendations, the City controlling concurrency, economic times, the DRI, Amazon proportionate fair share, acreage, number of trips, entitlements, the density and intensity of the project, personal attacks, the staff report, development agreement amendments, and the City's liability. Attorney Booker gave a brief PowerPoint Presentation to include the ICC property, Ordinance No. 26-2016 recognizes the 25.96 acres is included in the existing traffic study, Ordinance No. 04-2023 (6) Deltona Village Transportation Impact Analysis (TIA) Obligations (C) & (D), impact fees, and the applicants request to approve the request. The Commission, Attorney Booker, and staff discussed road improvements, impact fees, proposed businesses, conversations with the commercial broker, having choices, the County's letter, the growth factor, the TIA, re-evaluating the project, background traffic, margins of error, build-out dates, protecting residents, the comprehensive plan, accuracy, alleged lies by developer, future projects going in, closing down Howland Boulevard, road improvements, restaurants, being forgotten, operating on former assumptions, the school board, storm water, anticipated traffic growth, and bad faith. Revanth Katta from BCC Engineering, Inc. discussed the traffic impact analysis report. The City Attorney swore in Mr. Katta from BCC Engineering, Inc. The Commission and staff discussed the legitimacy of Mr. Katta's testimony and whether or not staff has met him in person and can positively identify him. Staff indicated that they had conversed with Mr. Katta many times, but had not met him in person. Vice Mayor JodyLee opened the public hearing and Eric Alexander, William Mabery, Richard Bellach and Carolyn Hickerson addressed the City Commission. Commissioner McCool discussed development in the area, the age of the TIA, proportionate fair share, the County's opinion, updated reports, concurrency, stewardship of funds, and lies. Page 6City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes The City Attorney swore in Acting Public Works Director Phyllis Wallace. The Commission and staff discussed the letter from the County, additional information requested from the developer, PUD applications, the traffic study, developers paying their way, the County's concern and interest, and Saxon Boulevard storm water issues. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Burbank, to approve Ordinance No 02-2024, amending the Deltona Village BPUD to rezone and include an additional + 25.96 acres of land to the Deltona Village BPUD. The motion carried by the following vote: For: Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Burbank, and Commissioner Colwell 4 - Against: Commissioner McCool1 - 8. OLD BUSINESS: 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez addressed the pool table at the Center, Amazon funded road improvements, the City Manager salary range, apologizing to Brandy White, the Memorial Day motorcycle event, and the Compstat meeting. Vice Mayor Jody Lee addressed a potential workshop for the future land use code, getting Page 7City of Deltona Printed on 1/23/2024

January 16, 2024City Commission Minutes stuff done, an animal shelter, a domestic violence center, City properties being unused, and the request for a pool table. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 10:08 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK Page 8City of Deltona Printed on 1/23/2024