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City Commission

Regular Meeting

Deltona, FL · May 20, 2019

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, May 20, 2019 5:30 PM Deltona Commission Chambers City Manager's Agenda Review 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McFall Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. Mayor Herzberg led everyone in the pledge to the flag. Commissioner Bradford stated Chaplain Gonzalez will present the invocation. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of May 6, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. There were no questions or comments on this item. 5. PRESENTATIONS/AWARDS/REPORTS: A. Deltona Youth Soccer Club Presentation - John Robinson There were no questions or comments on this item. B. Proclamation - National Military Appreciation Month City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes May 20, 2019 Mayor Masiarczyk asked if Commission King would like to read the Proclamation and he agreed. C. Proclamation - Mental Health Awareness Month There were no questions or comments on this item. D. Proclamation - Proclaiming the month of May, 2019 as National Bike Month. Vice Mayor Ramos stated he would read the Proclamation. E. Proclamation - Emergency Medical Services Week, May 19-25, 2019 Commissioner Avila-Vazquez stated she would read the Proclamation. F. Report by the Deltona Historical Memorabilia Task Force: Nancy Schleicher, Chair. Commissioner Avila-Vazquez asked if there would be a time frame for this item. Commissioner Bradford stated there is a time and Commissioner Nabicht replied not for presentations. 6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS: Commissioner Bradford stated she asked for the Proclamation for Mental Health Awareness Month so she will read that Proclamation and Mayor Herzberg stated she can do the Deltona Youth Soccer Club. Commissioner Bradford asked with regards to garage sales, is there an exception form for something like a death in the family. City Manager Shang replied no, she has asked Planning & Development Services Director Ron Paradise to think about the parameters for special situations. Commissioner Bradford stated that is all she is asking for, to have a little bit of flexibility and she questioned when she should bring up the concern. Commissioner Nabicht questioned why have the rule, if there is going to be an exception to the rule then why have a rule like that. Commissioner Bradford replied there is never one rule that does not have an exception to it and she has never known anything that is cut and dry with no exceptions. If someone has had a loved one pass there could be a need for more than the set number of garage sales. The garage sales would be consecutive and the faster the home is resolved the better it is for the City. Commissioner King stated for example if a person has three garage sales, someone passes and now they need three more garage sales. Commissioner Nabicht stated then they have an estate sale where a company is hired to handle the sale. Mayor Herzberg stated if Mr. Paradise has some ideas for special exceptions that is fine, but the City runs the risk of everyone having a special exception. City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes May 20, 2019 Commissioner McFall stated the discussion should not be taking place here and should be done downstairs in the regular meeting. Commissioner Bradford stated this is to provide time for staff to make the necessary changes before the second reading. Commissioner McFall stated he has concerns also. Mayor Herzberg stated to bring up the garage sale concerns during Commission Comments and that there is a second reading where everything can be vetted out. Commissioner Avila-Vazquez asked how many garage sales someone can have currently and City Manager Shang replied two, but the proposal is for four a year. Vice Mayor Ramos stated it was decided to bring the issue up under Commission Comments and Mayor Herzberg replied that Commissioner Bradford can bring up her concerns under Commission Comments, to include her suggestions and staff can come up with options. Mayor Herzberg stated that Assistant City Manager Dr. Cooper will be doing updates on the water issue for Lamplighter and ongoing code issues. Commissioner King asked for an update from the recycling task force and Dr. Cooper replied he can provide a general overview. Commissioner King stated it does not have to be tonight and Mayor Herzberg suggested doing an overview at the next Regular Commission Meeting. She stated there has also been questions if the meetings are open to the public and when they are being held. 7. 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. 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. There were no questions or comments on this item. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: A. Request for approval of award of RFP#19004 Cell Tower Manager - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure Commissioner Nabicht stated he will be pulling this item for discussion. City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes May 20, 2019 B. Request for budget transfer and approval for the utility relocation design and plans preparation for Howland Boulevard Widening with CONSOR Engineers, LLC. - Mario Chavez, City Engineer (386) 878-8998 & Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure - Support Volusia County Howland Blvd widening City Manager Shang stated the City is piggybacking off the county. 9. ORDINANCES AND PUBLIC HEARINGS: None. 10. OLD BUSINESS: None. 11. NEW BUSINESS: A. Consideration of appointment of a City representative to the Tourist Development Council (TDC) for the remainder of a four year term. Joyce Raftery, City Clerk’s Office (386) 878-8100. Strategic Goal: Internal and External Communications Commissioner Nabicht stated he thought had been appointed as the City's representative and that he has already gone to two meetings and Commissioner Bradford agreed. City Manager Shang stated the Tourist Development Council (TDC) sent the City an email requesting the appointments and Commissioner Nabicht stated he thinks the TDC is wanting the paperwork. Commissioner Nabicht gave his recollection of the events for the appointment and Mayor Herzberg replied she did not recall this being on an agenda. Mayor Herzberg stated it was discussed that Vice Mayor Ramos be the alternate and she asked if he was still good with that. Commissioner Nabicht suggested to formalize the appointments and process the paperwork. B. Consideration of appointment of a City representative to the Volusia Growth Management Commission (VGMC) - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and External Communication Mayor Herzberg stated that Sandi Gallagher is the only applicant for this position and she wants to be re-appointed. City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes May 20, 2019 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: There were no questions or comments on this item. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 5:43 p.m. ______________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 5 Printed on 6/3/2020

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht Monday, May 20, 2019 5:30 PM Deltona Commission Chambers City Manager's Agenda Review 1. CALL TO ORDER: A. Request for approval of award of RFP#19004 Cell Tower Manager - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure Background: Staff requested proposals from interested third parties to manage and market the City’s properties as sites for commercial wireless facilities and to manage all current cell tower leases. The City currently has 12 cell tower leases at 3 sites, and its current tower management contract expired. The services are described on the attached scope of work. The agreement provides that the Consultant will receive 10% of the rent collected on existing leases and 25% of any newly generated rent. They will provide a one-time initial Site audit at cost of $3,000 per site to obtain information needed to perform Site Leasing and Management and Third-Party Expert Application Review. These services include: · Tower structural and loading audit using drone for capture of photographs and video of tower and appurtenances; · Review and copying of all lease documents and correspondence on file with the City; · Review and copying of all applicant file documents including previous Structural Analysis Reports, geotechnical reports, construction documents, NEPA documents, and any other file information available; · Review of FAA/FCC filings and compliance. It is anticipated that the cost for these services will be approximately $35,000 per year for the consultant’s share of tower rent, plus a City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda May 20, 2019 one-time cost of $9,000 for the initial site review at three sites. Neel-Schaffer was the only firm to respond and they are qualified to provide these services. Staff met with them to refine the scope of work and agreed upon costs to be charged. The approval of award 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: RFP#19004 Cell Tower Manager.pdf Response from Neel-Schaffer.pdf Draft Agreement-Neel-Schaffer Inc Deltona scope of work 4-29-19 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. 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 May 6, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 6, 2019 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Deltona Youth Soccer Club Presentation - John Robinson Background: Recognition to the City of Deltona by the Deltona Youth Soccer Club for the City’s continued support and partnership with the club. B. Proclamation - National Military Appreciation Month Background: A Proclamation proclaiming the month of May 1, through June 14, 2019 as National Military Appreciation Month, honoring all branches of our United States Armed Forces and the family members that support City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda May 20, 2019 them. Attachments: National Military Awareness_wa C. Proclamation - Mental Health Awareness Month Background: A Proclamation proclaiming the Month of May, 2019 as Mental Health Awareness Month. Attachments: Mental Health Awareness Month_wa D. Proclamation - Proclaiming the month of May, 2019 as National Bike Month. Background: Proclaiming the month of May 2019 as National Bike Month, and encourage all citizens to experience the joys of bicycling during the month of May and throughout the year, through educational programs, commuting events, trail bicycling, or just getting out and going for a bike ride. Attachments: National Bike Month_wa E. Proclamation - Emergency Medical Services Week, May 19-25, 2019 Background: A proclamation for Emergency Medical Services Week, May 19-25, 2019 with the theme, “EMS Strong: Beyond the Call” to recognize members of emergency medical services teams who are ready to provide lifesaving care to those in need 24 hours a day, seven days a week. Attachments: Emergency Medical Services Week 2019_wa F. Report by the Deltona Historical Memorabilia Task Force: Nancy Schleicher, Chair. Background: Nancy Schleicher, Chair of the Deltona Historical Memorabilia Task Force with provide an update on the group’s progress. 6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS: 7. 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. 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) City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda May 20, 2019 CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: A. Request for approval of award of RFP#19004 Cell Tower Manager - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure Background: Staff requested proposals from interested third parties to manage and market the City’s properties as sites for commercial wireless facilities and to manage all current cell tower leases. The City currently has 12 cell tower leases at 3 sites, and its current tower management contract expired. The services are described on the attached scope of work. The agreement provides that the Consultant will receive 10% of the rent collected on existing leases and 25% of any newly generated rent. They will provide a one-time initial Site audit at cost of $3,000 per site to obtain information needed to perform Site Leasing and Management and Third-Party Expert Application Review. These services include: · Tower structural and loading audit using drone for capture of photographs and video of tower and appurtenances; · Review and copying of all lease documents and correspondence on file with the City; · Review and copying of all applicant file documents including previous Structural Analysis Reports, geotechnical reports, construction documents, NEPA documents, and any other file information available; · Review of FAA/FCC filings and compliance. It is anticipated that the cost for these services will be approximately $35,000 per year for the consultant’s share of tower rent, plus a one-time cost of $9,000 for the initial site review at three sites. Neel-Schaffer was the only firm to respond and they are qualified to provide these services. Staff met with them to refine the scope of work and agreed upon costs to be charged. The approval of award 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. City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda May 20, 2019 Attachments: RFP#19004 Cell Tower Manager.pdf Response from Neel-Schaffer.pdf Draft Agreement-Neel-Schaffer Inc Deltona scope of work 4-29-19 B. Request for budget transfer and approval for the utility relocation design and plans preparation for Howland Boulevard Widening with CONSOR Engineers, LLC. - Mario Chavez, City Engineer (386) 878-8998 & Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure - Support Volusia County Howland Blvd widening Background: Volusia County’s currently completed 90% design of the road widening with the engineering firm CONSOR, LLC. In order to provide an effective and efficient procurement process the City would like to piggyback with CONSOR, LLC, pursuant to Section 287.001, F.A.C., utilizing the existing contract between Volusia County and CONSOR, LLC, Contract RSQ No. 17-SQ-36SR - Professional Engineering Design Services for the Howland Blvd widening between Providence Blvd and Elkcam Boulevard in Deltona. Upon approval 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: IE to CONSOR Name Change_Volusia County.pdf 2019-031 Deltona Water Howland Blvd Widening Professional Fees Professional Services Agreement Consor (002) Exhibit A Exhibit B 9. ORDINANCES AND PUBLIC HEARINGS: 10. OLD BUSINESS: 11. NEW BUSINESS: A. Consideration of appointment of a City representative to the Tourist Development Council (TDC) for the remainder of a four year term. Joyce Raftery, City Clerk’s Office (386) 878-8100. Strategic Goal: Internal and External Communications Background: Currently, Former Mayor Masiarczyk is appointed as the City’s City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda May 20, 2019 representative whose term expires March 31, 2022 and Commissioner Nabicht is currently the City’s alternate representative. If Commissioner Nabicht is appointed as the City’s representative to TDC then the City Commission would need to appoint an alternate to take his place. The advisory council makes recommendations to the Volusia County Council for the effective operation of the special projects or of the uses of the tourist development tax revenue. Members include the County Chair, elected officials from municipalities, and persons involved in the tourism industry. The advisory council meets on a quarterly basis. Attachments: Email - Marcy Zimmerman.pdf TDC Application Form B. Consideration of appointment of a City representative to the Volusia Growth Management Commission (VGMC) - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and External Communication Background: The appointment of Sandy Lou Gallagher as the City’s representative to the Volusia Growth Management Commission (VGMC) will expire on June 30, 2019 and she has indicated that she would like to be re-appointed as the City’s representative. The City has run a press release and posted the opening on the City’s webpage, D-TV and City bulletin board. To date, the city has received applications from Sandy Lou Gallagher. Attachments: VGMC Letter Application - Sandy Lou Gallagher 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). City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda May 20, 2019 Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 7 Printed on 6/4/2020

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