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City Commission

Regular Meeting

Deltona, FL · August 19, 2019

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, August 19, 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 King. Mayor Herzberg led everyone in the pledge to the flag. Commissioner King stated that Chaplain Alvarez will do the invocation 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of August 5, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. There were no questions or comments regarding this item. 5. PRESENTATIONS/AWARDS/REPORTS: A. Update - City support/sponsorship for the Central Florida Legends marathon, half marathon and 5K run by Mr. Don Stoner of Runners High and Jerry Mayes, Economic Development & Ecological Tourism Sustainability Manager [386-878-8619] City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes August 19, 2019 Economic Development Manager Jerry Mayes stated that Don Stoner is with Runners High, a group that is putting on a 5K race and that Mr. Stoner is coming in to address the Commission. Commissioner Avila-Vazquez asked if there are going to be people at Lakeshore Drive to greet the runners like the last time and Mr. Mayes replied no. B. Presentation by Nancy Schleicher with the Deltona Historical Memorabilia Committee with an update on the inventory of the City’s historical items. Jane K. Shang, City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication Mayor Herzberg asked if the Historical Memorabilia Committee is going to ask for direction and City Manager Shang replied yes. Mayor Herzberg asked if the Committee wanted to know what they should do with the trash and the give away items and City Manager Shang replied that the Committee wanted the Commission to agree to what is considered trash and what needs to be kept. Commissioner Avila-Vazquez asked how long the presentation was going to take and City Manager Shang replied 15 minutes and that the Commissioners do not have to have all of the answers tonight. C. Discussion on Charter Officer Evaluations. Jane K. Shang, City Manager, (386) 878-8850. Strategic Goals: Internal/External Communications Vice Mayor Ramos stated that the Commissioners need to talk about Charter Officer evaluations to determine if the Commission wants to do a workshop on them. Commissioner Bradford asked if the City received anything from the Florida League of Cities because she knows they have one at the national level and Mayor Herzberg replied no. Vice Mayor Ramos stated that Deputy City Clerk Karissa Green did reach out to a lot of the local cities for examples of their evaluations. Mayor Herzberg asked if that was the evaluations provided and Mrs. Green replied yes. Mayor Herzberg asked Commissioner Bradford if she was talking about the National League of Cities and Commissioner Bradford replied yes, they have one on their website which is very informative. Vice Mayor Ramos stated that one challenge the Commission will have at some point is that the Commissioners will come from different directions about the evaluations and that the Commissioners need to find something that is workable and makes sense so that they can move forward. City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes August 19, 2019 Commissioner Bradford asked what happens after the evaluations are turned in because for the last 3 years it was turned in and that was it. Mayor Herzberg asked Ms. Green if the evaluations are emailed out and Ms Green replied she is not sure. Vice Mayor Ramos stated they become a public record. Commissioner Bradford asked what happens after the Commission evaluates and Mayor Herzberg replied if a Commissioner wants to have a discussion on the evaluations then it can be scheduled. Vice Mayor Ramos stated as the evaluations come in he does not want to get into two different conversations at the same time, if it goes to a workshop then that is the place to work it out and decide what the Commission expects. Commissioner King asked what is the Commission looking for; on one hand someone is told they are doing a great job and on the other end they are told that they are not doing their job and needs to be terminated. Mayor Herzberg replied that she believes the Commission is looking at processes to do an evaluation for the City Manager and the City Attorney and that the process has been either a form that is filled out or an in person interview and those are turned in once a year. If the Commission wants to pick a form and based on that form that is what the Commissioners should be judging the City Manager and the City Attorney on. Vice Mayor Ramos stated that it can be brought up downstairs and requested for a workshop because he does not want to have a workshop during the presentation portion of the meeting. 6. ORDINANCES AND PUBLIC HEARINGS: None. 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Volusia Blue Project Implementation Agreement for the Wetland Recharge Project with the West Volusia Water Suppliers (WVWS). - John Peters, III, Public Works/Deltona Water (386) 878-8973. Strategic Goal: Infrastructure Public Works Director John Peters gave an overview of the Volusia Blue Project Implementation Agreement for the Wetland Recharge Project. Mayor Herzberg confirmed that the cities of Orange City and DeLand have already approved it and that Volusia County is on deck for tomorrow or tonight and City Manager Shang replied yes. City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes August 19, 2019 Commissioner Avila-Vazquez asked what happens if this does not get approved and Mr. Peters replied Deltona would no longer be a part of the project, the other 3 cities would go forward with the project and get the withdrawal allowances and that Deltona would have to do other projects to get the amount of water needed to handle the City's future water needs. Mayor Herzberg replied that this is a partnership project and if Deltona does another one then everything will be on Deltona and City Manager Shang added it will cost a lot more because this is a partnership and there is a savings to that. Commissioner Avila-Vazquez stated that the pros and cons need to be explained to the audience. B. Request approval of vacation leave payout for employees entering FRS DROP - Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Other Priority Objectives - Employee development and training; education and bonuses. Commissioner Avila-Vazquez asked if this is not approved now can it be brought up again and City Manager Shang replied it can be brought up next year. Commissioner Avila-Vazquez asked how does the City benefit from this and Finance Director Camille Hooper replied the City would benefit because the employee would be permitted to cash out up to half of their vacation pay now which the FRS will permits when they enter drop and that vacation time goes towards their retirement benefit.The benefit to the City is if the employee stayed an additional 5 years, which is the longest amount of time a regular employee can stay in FRS Drop, they will forefit their right to use that vacation, they also are paid out at today's dollar value because that time will not get the benefit of any cost of living increases that would be given to them in the future and at 3% a year that comes to about 15% less that they are going to get and 15% less that the City would pay in the future. Mayor Herzberg asked what is the benefit to the employee and Ms. Hooper replied that the employee can buy out part of their vacation leave and have it put into their retirement benefit and that can translate into a higher overall benefit pay out every month that the employee draws from retirement. Commissioner Avila-Vazquez asked what cities in Volusia County currently offer this and Ms. Hooper replied Orange City, Volusia County, Orange County and most School Boards that she is aware of. Commissioner Bradford asked where does the 500 vacation hours come from when Deltona's policy does not allow the accrual of more than 400 vacation hours and Ms. Hooper replied the 500 is what FRS allows. Commissioner Bradford asked if the employee would only be able to cash out 400 hours and Ms. Hooper replied no, 200 hours. Commissioner Bradford asked if the Commission wanted to make it 500 or 400 to match the City's existing policy and Commissioner Nabicht replied it says 50% of what they have on the books. Ms. Hooper replied the City allows 400 hours of vacation and if the Commission wants to change that they could and that FRS allows the employee to buy up to 500 hours because there are some employers that allow their employees to accrue more than 500 hours. City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes August 19, 2019 Assistant City Manager Dr. Cooper stated that Ms. Hooper is just giving background on what the Florida Retirement System does and he explained the current City policy. Mayor Herzberg asked what is the cost to the City and Ms. Hooper replied if everyone who is eligible took it right now it would be about $28,000 that is 7 employees and to her knowledge only two have any intention of doing this and if they stayed in for 5 years at 3% a year after 5 years the City would be paying out an additional $3,500 for that same amount of people because they would possibly get cost of living raises. Mayor Herzberg asked if staff was looking to make this a policy and City Manager Shang replied yes, an additional employee benefit. Mayor Herzberg asked how is it a win and Commissioner Nabicht replied the employee keeps their vacation time on the books for the 5 years they are in drop each year when they get a pay raise everything that is on the books goes up because you pay it out at their final rate of compensation. Ms. Hooper stated where as their retirement benefit is fixed when they enter drop, they are essentially retired they are in drop, they are still working, they are still earning a pay check, but their retirement benefit is set at that point. If they can pay their vacation leave at the time they enter drop that goes towards the average compensation which goes into the calculation of their monthly benefit. 9. 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. 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. 10. CONSENT AGENDA: A. Request for budget amendment for five (5) Deltona Water approved projects in order to provide funding to continue with the construction phase of these projects. - John Peters, III, Public Works/Deltona Water (386) 878-8973 and Camille Hooper, Finance (386) 878-8552 Strategic Goal: Infrastructure Public Works Director John Peters stated that staff has reevaluated the projects and updated the value of the projects and he wanted to come forward one time and make the adjustments for these 3 critical projects rather than come back to the Commission 3 separate times and do budget amendments 3 separate times. City Manager Shang stated that the Commission has discussed the Capital Improvement City of Deltona Page 5 Printed on 6/3/2020 City Commission Minutes August 19, 2019 Projects (CIP) and staff used these updated numbers, but in the budgetary process are the old numbers and that it will not impact anything that was discussed because when staff calculated the water rate increases it already accommodated the higher project costs and this is to get the paperwork to match the presentations already made. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Mayor Herzberg stated that Mr. Peters will give a Lake Gleason update because the City has been receiving emails on the lake levels and Dr. Cooper will do the update on the shed situation. Commissioner Avila-Vazquez asked if there was going to be an update on the Social Services Summit and Commissioner Nabicht replied he will do it under Special Reports. City Manager Shang asked Commissioner Avila-Vazquez if she was going to talk about Caribbean Night and Commissioner Avila-Vazquez replied that she will do it under Commission Comments. City Manager Shang asked someone to talk about the Florida League of Cities Conference and Commissioner Nabicht suggested that each of the 4 Commissioners that were there, pick one of the workshops that they went to and at a future meeting bring forward a report on each of those workshops. Mayor Herzberg stated that she thinks that is a great idea and to let the City Manager know which class they are going to talk about. Vice Mayor Ramos stated that he will do the American Disabilities Act (ADA), Mayor Herzberg stated that she will do the water, Commissioner Nabicht stated that he will do the smart cities and Commissioner Avila-Vazquez stated she will do the Eco-Tourism. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: None. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 6:26 p.m. ________________________________ Elizabeth Keys, Executive Assistant City of Deltona Page 6 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, August 19, 2019 5:30 PM Deltona Commission Chambers City Manager's Agenda Review 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner King. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of August 5, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 5, 2019 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Update - City support/sponsorship for the Central Florida Legends marathon, half marathon and 5K run by Mr. Don Stoner of Runners High and Jerry Mayes, Economic Development & Ecological Tourism Sustainability Manager [386-878-8619] City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda August 19, 2019 Background: Eco-tourism is a key component to the City of Deltona’s strategic goal for improving the quality of life for Deltona residents. Mr. Don Stoner of Runners High will address the City of Deltona Commission regarding the upcoming November 24th “Central Florida Legends Marathon, Half marathon and 5K Run”. The race will begin and end at Gemini Springs Park. The route includes Lakeshore Drive in Deltona as part of the Spring-to-Spring Trail. Attachments: CFL LegendsFlyer B. Presentation by Nancy Schleicher with the Deltona Historical Memorabilia Committee with an update on the inventory of the City’s historical items. Jane K. Shang, City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication Background: The Deltona Historical Memorabilia Committee was tasked with inventorying the City’s historical items. Committee Chairperson, Nancy Schleicher, will provide an update to the City Commission. Attachments: Color Coding for Inventory Lists Historic Presentation 8-19 RCM-ADA Version C. Discussion on Charter Officer Evaluations. Jane K. Shang, City Manager, (386) 878-8850. Strategic Goals: Internal/External Communications Background: The City Commission requested the City Manager to gather examples of the different type of evaluations being used by other government agencies. Attachments: Ormond Beach City Manager Evaluation Form City of Daytona Beach City Manager Evaluation Form Fort Walton Beach Charter Officer Evaluation Form Town of Orchid Manager Evaluation Form 6. ORDINANCES AND PUBLIC HEARINGS: 7. OLD BUSINESS: 8. NEW BUSINESS: A. Volusia Blue Project Implementation Agreement for the Wetland Recharge Project with the West Volusia Water Suppliers (WVWS). - John Peters, III, Public Works/Deltona Water (386) 878-8973. City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda August 19, 2019 Strategic Goal: Infrastructure Background: This project is one of multiple aquifer recharge projects and it is necessary to offset the Minimum Flows & Levels (MFL) established for the Blue Spring Basin Management Action Plan (BMAP). The project financial partners include the WVWS members (Deltona, DeLand, Orange City and Volusia County); St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (FDEP). The Deltona City Commission conducted a Workshop on the May 28, 2019 to review the Volusia Blue Project concept along with proposed Agreement between the WVWS entities. Based on comments from the parties to the Volusia Blue Project Agreement, the final version of the Agreement is ready for final approval by all parties. For the purposes of State funding on this project, Volusia County will be the project administrator under a Joint Participation Agreement (JPA) Agreement with SJRWMD. Approval of the JPA between Volusia County and SJRWMD must occur before September 30, 2020 to insure compliance with the land purchase agreement between the property owner and SJRWMD. Given the various Council, Commission and Board meeting schedules, all parties must approve the attached Volusia Blue Implementation Agreement before the end of August. Key provisions of the Agreement include the following: Paragraph 5.2: Designates Volusia County as the Project Administrator. Paragraph 6.1: Anticipates 4.0 MGD will be introduced into the aquifer. As such, 2.5 MGD will offset the water withdrawn from the aquifer within the contributing area for Blue Spring (about 2/3rd of Deltona is within this springshed) for potable water use. Deltona’s share will be 40 percent or 1.0 MGD Paragraph 6.3: Defines the proportion of the total project cost to each entity. The City of Deltona’s share is 40 percent, which corresponds to our allowable share of the MFL offset. Paragraph 9.1: Obligates Deltona to providing 1.08 MGD of reclaimed “source” water by 2024 and 1.72 MGD of “source” water by 2030. Paragraph 10.1: Outlines the project funding for the implementation (load testing) Phase 1 of the project. The estimate for the WVWS is $1,000,000 of which Deltona is responsible for $400,000. The SJRWMD will contribute an additional $300,000 for this phase. Decision Point: The WVWS partners will decide whether to move forward to project construction based on the results of Phase 1. City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda August 19, 2019 Paragraph 10.2: Notes that the current cost estimate for the design and construction implementation Phase 2 is $12,000,000. Paragraph 10.3: Outlines the Project Charge for the construction and operation and maintenance (O&M is estimated at $500,000 annually, Deltona is responsible for $200,000) will be billed to WVWS partners on a quarterly basis by the County. Paragraph 10.3.8: States that Grants will be pursued for all aspects of this project. Paragraph 14: Outlines how Parties can withdraw from the project. Attachments: 07-15-19.Volusia Blue Interlocal Agreement.final.draft.pdf Exhibit A.VolusiaBlueSprBorrowPit_ExA.pdf Exhibit B.pdf Volusia Blue Spring-Participation Agreement SJRWMD to Volusia County_19053 B. Request approval of vacation leave payout for employees entering FRS DROP - Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Other Priority Objectives - Employee development and training; education and bonuses. Background: The Deferred Retirement Option Program is a voluntary retirement program available to FRS Pension Plan members who qualify for normal retirement. The Florida Retirement System allows employees to include up to 500 hours of earned vacation leave in their retirement benefit calculation when they enter DROP. City Policy currently allows for payout of earned vacation leave upon separation from service; City Manager requests approval to add a vacation leave payout option to allow employees to cash in up to one half of their earned vacation leave upon entering FRS DROP. Employees must enter DROP within 1 year of reaching normal retirement or age 60, depending on when they first entered FRS. Only 7 City employees are currently eligible to enter FRS DROP. Many FRS employers offer this option to their employees; adding this option makes the City’s benefits consistent with those of similar entities. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: City of Deltona Personnel Policies_9.2 FRS Employer Handbook_Excerpt City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda August 19, 2019 9. 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) 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. 10. CONSENT AGENDA: A. Request for budget amendment for five (5) Deltona Water approved projects in order to provide funding to continue with the construction phase of these projects. - John Peters, III, Public Works/Deltona Water (386) 878-8973 and Camille Hooper, Finance (386) 878-8552 Strategic Goal: Infrastructure Background: Recent construction bids received by Public Works have been well above the Engineer’s construction estimate and therefore higher than originally budgeted. With construction costs in Florida continuing to increase significantly according to the Florida Department of Transportation Construction Cost Indicators, the current budget does not support the actual cost resulting in the need to make budgetary adjustments. Recently, we have seen projects in other jurisdictions come in as high as forty (40) percent higher than recent Engineer’s Estimates. Based on conversations with contractors, the industry is extremely busy, If a project has any uncertainty, the pricing will come in significantly higher. For this reason, we are modifying the plans for several of our projects to reduce uncertainties. The five (5) proposed budget amendments are as follows: Proposed Budget Amendment Description Revised Budged Increase/(Decrease) Proposed Magdalena Well $643,700 $630,100 $1,273,800 Alexander Ave Phase 3 Ribs $1,213,500 $1,000,000 City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda August 19, 2019 $2,213,500 Reclaimed Water Saxon Ridge $400,000 $1,195,600 $1,595,600 Magdalena/Saxon Interconnect $630,100 ($630,100) $0.00 Wellington WTP Water main Upgrade $2,195,600 ($2,195,600) $0.00 Attachments: DW-RIB-MAGDALENA WELL-SAXON RIDGE.pdf 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 6 Printed on 6/4/2020

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