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City Commission

Regular Meeting

Deltona, FL · December 14, 2020

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, December 14, 2020 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. 1. CALL TO ORDER: Mayor Herzberg called the meeting to order at 6:30 p.m. and she announced that all meetings will be televised with the exception of shade meetings. 2. ROLL CALL – CITY CLERK: Present: 9 - Mayor Herzberg Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Acting City Manager City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #4 Commissioner. Commissioner McCool introduced Pastor Bradley who led everyone in the invocation and Commissioner King led everyone in the pledge to the flag. The National Anthem was sung by David Castro a 5th Grader at Trinity Christian Academy. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of November 2, 2020 and the Special Commission Meeting of November 9, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 1 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to approve the minutes of the Regular Commission Meeting of November 2, 2020 and the Special Commission Meeting of November 9, 2020, as presented. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa 5. PRESENTATIONS/AWARDS/REPORTS: None. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 16-2020, rezoning request (RZ20-0016) for property located at 1700 Doyle Road to change the zoning from Retail Commercial District (C-1) to Heavy Commercial (C-3), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Public Safety, focus on City beautification Mayor Herzberg reminded the public that if they wanted to speak on an item to please fill out the yellow request to speak forms at the back table, indicate what they want to speak about and place them in the box by the Clerk. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Mayor Herzberg opened the public hearing. Attorney Michael Woods, Cobb Cole, 231 N Woodland Blvd., DeLand, here on behalf of the applicant who is requesting this rezoning change. This is a challenging request because it is asking for a broader rezoning to service a very specific use and that is a private parking lot effectively to service residents that have a semi-tractor trailer and a car carrier hauler to be stored here in Deltona. It is part of a larger citywide problem that Deltona has, that is the macro issue and we are kind of the micro issue here. Everyone is familiar with the need and residents cannot bring their work home with them to the City of Deltona. The City has prohibitions in place to prevent vehicles from being parked in residential neighborhoods and no one really disputes the benefit of that. What the City does not provide is an alternative location for those vehicles to be parked within the City and most vehicles get directed to Mr. Pell’s property. Generally speaking if the City prevents parking in residential areas it ought to be providing for some location to provide for the parking internally in the City. Now the straight zoning that is requires to provide for this type of parking is the C3 zoning. A couple problems with that, one a C3 zoning includes a great number of things so as this is discussed tonight the Commission might ask what about any of the other uses. City of Deltona Page 2 Printed on 1/26/2021 City Commission Minutes December 14, 2020 The other issue is that the City has no other C3 zoning in the City, but for one parcel on this very road less than a mile up the street, Kelly's Automotive. This is a rezoning request to the C3 zoning, but a lot of the comments and concerns that have been raised in the staff report are site plan related issues. The situation here is until the City has the use and the zoning in place the City is never going to spend the money to go through the exercise and address the site plan issues. The staff report states concerns about the access, the traffic motion off of Doyle Road onto the lot and there is the alleyway and the back way, how does that all function. Well, it cannot get to that engineering level if a nobody knows that the use is permitted. There is a lot of conversation about buffer, landscaping and things of that nature. If the C3 zoning was in place today and we went through the site plan process and we could not meet those standards then we would still come back to the Commission to get approval for those things to satisfy that particular use, not just to be C3 zoning. He questioned whether anybody could ever come in to establish parking as a permitted right in the City under the standard that the City has now. PUD (Planned Unit Development) potentially, but this parcel is too small for that, however, this parcel is an adequate size for the existing zoning of C1 to have two individual lots of record and to have the individual lots of record for C3 zoning. Yet the staff report has a drawing that basically says a total of 0.6 acres combining both lots together will not even fit a semi-tractor trailer truck on the property. The location makes sense for the scale of what we are asking for with the parking facility And it is next to the roller-skating rink, an existing gas station/service facility. It is an underutilized lot of very limited use. As a professional he knows the questions to ask to verify what can and cannot be done there, but even going through this process there is no real way to get to a proper answer on this location as things are currently configured. We think we have the ability to go through the process, the zoning gets put in place to work with the City’s variance process and the landscaping process to be able to find a very small use within that C3 zoning category. As for those other uses, the Commission will go through the same process with any site plan and to meet the standards that can be permitted by right. With the C1 zoning that is in place now the staff report talks about the property backing up to the neighbors and we do not want to create a problem for the neighbors. We feel we are adjacent to an existing gas station and we have by right with the C1 zoning such usages as restaurants, automotive parts/sales, convenience store, garden supply/hardware store, lawn equipment sales/service, nightclubs, private clubs, lodges, fraternities/sororities and a fire station are all permitted by right under the City’s C1 zoning. There is already a whole lot of potential what he would call challenging uses, bad uses or inconsistent uses with the neighboring property that is already there. The request is to scale that down much lower and bring in basically two or three trips a day for when these vehicles leave in the morning and come back at night. The consistency with the underlying Comprehensive Plan, there is minutiae and distinction, but the very fact that the City has an existing C3 zoning with the same underlying land use that the Commission found to be consistent tends to lead to the evidence that this also ought to be found to be consistent, at least for Comprehensive Plan purposes. The site does not create any environmental issues and natural resource issues. It is an underutilized former gravel pit which we are looking to try to beautify. The impact to the economy is touched on in the staff report about how much improvements will be done on the property. In part there is the aesthetic improvement of cleaning up the condition that is there right now, but the larger issue is the City does not have any place to service these people City of Deltona Page 3 Printed on 1/26/2021 City Commission Minutes December 14, 2020 that drive these trucks and live in the City. To the bigger picture this is going to help at least at a small scale for their project solve that problem and maybe give the City some guidance as to how it can do this for other truck drivers and other people operating within the City. He is not going to tell the Commission that there are no challenges of the access management, but the City has got to give them the ability to go through the process with the zoning in place to try to solve that. He cannot predict what the county is going to say because their connectivity issues kind of vary from day to day. They would be consistent with how it is applied and he gave some ways to resolve it. The question with the existing zoning, taking it at face value on paper, they know what uses are there and he has raised some of the concerns about moving forward with the existing zoning, but nothing has really happened on this premises for quite some time. There is sometimes reference to some other projects that have been approved as of late, but this project originally came in back in early March. There has been a lot of reasons for the delay, but they have been trying to get to a point where they can at least get the use in place to try to fix the problem. The biggest problem he has is with the analysis in the staff report and there is effectively a site plan exercise that it goes through that shows rear yard buffering and the like. The C1 and C3 zoning requirements are all very similar, not the uses, but the actual conditions on the property. Staff concluding to not even consider the C3 zoning because it cannot function on the property, the buffers, the landscape, the axis and all those challenges. Those same points apply to the existing C1 zoning that exists right now. If we come in tomorrow with the C1 zoning, again there are three parcels like these already identified, but there are two legal lots of record that meet the dimensional requirements. If he were to come in with two different site plans for both of those what would the staff report say about what can and cannot be done on that property. There is no obligation to combine those two lots because the presumption is when the lots are of legal size the conditions that the City then imposes upon those can be satisfied within the perimeter of those lots. There is an indication here that that may not be the case moving forward even with the existing entitlements which causes him a lot of concern. He has a hard time saying 0.6 acres of property and he cannot even fit two trucks on it based upon the City’s setbacks, standards and that is with combined lots and without buffering between the two internal boundaries. He is not saying that everything is absolutely perfect with how to move forward, there needs to be more work done on this, but they cannot get to the point where they are doing the actual work to address the real concerns until the use gets put in place and the only way we can do that is with the rezoning. Down the road if the Commission wants to put this kind of use into a different zoning category or add it to the C1 zoning category so the City is not having to open itself up to the big heavier uses that would be great, but for here and now this is what we are trying to work with. That concludes my presentation and if anyone has any questions he will be happy to answer them. The Commission, staff and Attorney Woods discussed the skating rink, the times the trucks would be coming and going, having a cross access, the vehicles serviced by Doyle Road, providing the ability for the business to grow and expand, how many trips would be generated, maintenance of the vehicles not being done on the property, the ownership of the property, utilizing the alley, blocking traffic on Doyle Road, Kelly’s Automotive and the surrounding properties, the comparison between this business and Kelly’s Automotive, the City of Deltona Page 4 Printed on 1/26/2021 City Commission Minutes December 14, 2020 site plan process, there being two or three vehicles with a total of six trips, the county not likely to grant access in/out of Doyle Road, the types of vehicles utilizing the property, other parking within the City for these types of vehicles being nonexistent, approving the item contingent on the county, and whether the surrounding neighbors had been notified. Mayor Herzberg opened the public hearing. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about converting other property, the property size, turn lanes, the county, C1 zoning, gas stations, trips, neighbors, buffers, the alleyway, staff recommendation, Planning and Zoning Board, Doyle Road traffic, Amazon, road improvements, money for transportation, county roads, Sanford properties, other businesses, and truck traffic. Manny Rodriguez, 1376 Azora Drive, Deltona, spoke about cheap movies, questions asked, his hearing, the plans, size of tractor trailers, C3 zoning, property size, other uses, Amazon, staff, citizens’ wants, annexation, creating an industry park, neighbors, tractor trailers and to deny the request. Brandy White, 2689 Chalmer Street, Deltona, spoke about teaching moment, questions, rezoning, attending meetings, not enough information, directing representatives, the county, buffering, exception, site plans, cost, procedures, needing clarity, expense, rezone request, not enough information, good points, trips, requirements, denial, selling the property, roads, projects, maintenance, Doyle Road, the alley, and needing answers. Mayor Herzberg closed the public hearing. Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to deny Ordinance No. 16-2020, a request to rezone property located at 1700 Doyle Rd. from Retail Commercial (C-1) classification to Heavy Commercial (C-3). The Acting City Manager has the authority to make corrections of Scrivener's errors and the like. The motion was denied by the following vote: For: 6 - Commissioner King, Commissioner Ramos, Commissioner Sosa, Mayor Herzberg, Vice Mayor Bradford, and Commissioner Avila-Vazquez Against: 1 - Commissioner McCool Ordinance No. 16-2020 was denied at 7:38 p.m. B. Public Hearing - Ordinance No. 18-2020 Amendment to Chapter 48 of the City of Deltona Code Relating to Sexual Offenders & Sexual Predators 2nd Reading - Marsha Segal-George, Assistant City Attorney, (386) 878-8872. Strategic Goals: Internal/External Communication & Public Safety City of Deltona Page 5 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Motion by Vice Mayor Bradford, seconded by Commissioner Sosa, to approve Ordinance No. 18-2020 Amendment to Chapter 48 of the City of Deltona Code relating to Sexual Offenders & Sexual Predators to add "Designated School Bus Stops, Libraries, and Churches to the list defining locations as to where children congregate so that distancing calculations as to living restriction where an individual convicted of a violation of F.S. Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145 or similar law of another jurisdiction, regardless of whether adjudication has been withheld, may reside in the City of Deltona. Additionally, revision to Sec 48-2 (4) Temporary residence definition changed from five days to three and Sec. 48-3 exceptions (b)(a) shall not apply to a person that was a minor when offense committed and was not convicted as an adult, at second and final reading. The Acting City Manager has the authority to make corrections of Scrivener's errors and the like. The Commission and Lieutenant Kurt Schoeps discussed the school board and bus stop locations, annually changing bus stops, providing information to the school board, utilizes a GIS, sex offender needing approval to move by the sheriff’s office, updated being done regularly, how the system works, some being grandfathered in, taking every step to protect our children, the criminal unit being in contact with the school board, checking maps of sex offenders or sexual predators, the school board’s responsibility, not moving a bus stop by a sexual predator, preventing sex offenders from moving in a community, VCSO’s working relationship with the school board, getting verification from the school board, the school board following State Statutes, the Board of Education’s responsibility, VCSO addressing issues with the Board of Education, sharing the map of sex offenders with the Board of Education the sheriff’s department providing guidance. Vice Mayor Bradford suggested the Acting City Manager set up a meeting with the City’s local representative from the school board to bring this to their attention and maybe have them address the concern which is whether or not they are verifying the locations of sexual offenders, and bus stops that may have sexual offenders prior to adding or changing bus stops. Mayor Herzberg opened and closed the public hearing as there were none. The City Attorney read the title of Ordinance No. 18-2020 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING CHAPTER 48 - SEXUAL OFFENDERS & SEXUAL PREDATORS OF THE CITY CODE TO ADD “DESIGNATED SCHOOL BUS STOPS”, “LIBRARIES”, “CHURCHES”, TO THE LIST OF DEFINING LOCATIONS AS TO WHERE CHILDREN CONGREGATE SO THAT DISTANCING CALCULATIONS AS TO LIVING RESTRICTION WHERE AN INDIVIDUAL CONVICTED OF A VIOLATION OF F.S. SECTION 794.011, 800.04, 827.071, 847.0135(5) OR 847.0145 OR A SIMILAR LAW OF ANOTHER JURISDICTION, REGARDLESS OF WHETHER ADJUDICATION HAS BEEN WITHHELD, MAY RESIDE City of Deltona Page 6 Printed on 1/26/2021 City Commission Minutes December 14, 2020 IN THE CITY OF DELTONA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa Ordinance No. 18-2020 was adopted at 7:42 p.m. C. Public Hearing - Ordinance No. 19-2020 amending the Comprehensive Plan of the City of Deltona, by amending the Capital Improvements Element and providing for the replacement of the Capital Improvement Project sheets, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Infrastructure - Capital Improvements Program. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Motion by Commissioner Ramos, seconded by Commissioner Avila-Vazquez, to adopt Ordinance No. 19-2020, approving the 2020-2021 Capital Improvements Element update and providing for the replacement of the Capital Improvement Project sheets at first reading and schedule a second and final reading for January 19, 2021. The Acting City Manager has the authority to make corrections of Scrivener's errors and the like. The motion carried by the following vote: Mayor Herzberg opened the public hearing. Brandy White, 2689 Chalmer Street, Deltona, spoke about the master lift station, needing more information, property acquisitions and cost. Mayor Herzberg replied it is at a cost of $1.5 million. Acting City Manager Peters stated the $1.5 million is for this year and it is a little complicated because of land acquisition issues . The City is certified to do land acquisitions for utility work not LAP related, but there will be a land acquisition element involved in this and it is moving forward. Mayor Herzberg asked the Acting City Manager to provide the address at a future date. Mayor Herzberg closed the public hearing. City of Deltona Page 7 Printed on 1/26/2021 City Commission Minutes December 14, 2020 The City Attorney read the title of Ordinance No. 19-2020 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF DELTONA, BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT PROVIDING FOR THE REPLACEMENT OF THE CAPITAL IMPROVEMENT PROJECT WORKSHEETS; FINDING CONFORMITY WITH STATE STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa Ordinance No. 19-2020 was adopted at 7:51 p.m. 7. OLD BUSINESS: A. Request approval of Resolution No. 2020-64, providing for an adjustment to Wastewater and Reclaimed Water base facility charges beginning 1 April 2021, eliminating the 10,000 cap on Wastewater Usage Charges effective 1 April 2021, adjusting the Combined Wastewater Impact Fee and Capital Fund Recovery Fee effective 1 April 2021, and annual rate indexing of Wastewater and Reclaimed Water base facility and water and irrigation usage charges equivalent to the Engineering News Record (ENR) Construction Cost Index beginning 1 October 2024. - John Peters, Public Works/Deltona Water (386) 878-8973. Strategic Goal: Infrastructure/Fiscal Issues Acting City Manager Peters apologized, he found out after the agenda packet was put together that the impact fees referred to here were originally approved by Ordinance and an Ordinance cannot be changed by a Resolution. Staff has already drafted replacement Resolutions and Ordinances for the first meeting in January. He requested to table Items 7-A and 7-B to a date certain of January 4, 2021. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to table this item to date certain of January 4, 2021. The motion carried by the following vote: For: 7 - Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Mayor Herzberg, Vice Mayor Bradford, and Commissioner Avila-Vazquez Resolution No. 2020-64 was tabled at 7:52 p.m. City of Deltona Page 8 Printed on 1/26/2021 City Commission Minutes December 14, 2020 B. Request approval of Resolution No. 2020-65, adjusting the Combined Potable Water Impact Fee and Capital Fund Recovery Fee effective 1 April 2021, and annual rate indexing of Potable Water base facility and water and irrigation usage charges equivalent to the Engineering News Record (ENR) Construction Cost Index beginning 1 October 2024. - John Peters, Public Works/Deltona Water (386) 878-8973. Strategic Goal: Infrastructure/Fiscal Issues C. Consideration of amended contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Mayor Herzberg opened and closed the public hearing as there were none. Commissioner Avila-Vazquez questioned the car allowance and she asked if the City provide a vehicle for the City Manager. Mayor Herzberg replied it has been both ways, in the past some managers have used a standard City vehicle, not had a direct provision, and others have had a car allowance. Acting City Manager Peters stated in his 40 year career he does not recall ever having worked with a City Manager that had a City vehicle, they have all had car allowances. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve the attached amended contract with Mr. John A. Peters, III as Acting City Manager and authorize the Mayor to execute the contract on behalf of the City. The motion carried by the following vote: For: 7 - Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Mayor Herzberg, Vice Mayor Bradford, and Commissioner Avila-Vazquez 8. NEW BUSINESS: None. 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. Arnt Vagle, 107 Claymore Street, Deltona, spoke about being a 9 year resident, bill $39,000+/-, his tenants, leaking roof, cost of material, Code Enforcement, permits, notification, lien, spirit of justice, unjust treatment, wrong address, resolution, and recorded documents. City of Deltona Page 9 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about Deltona Strong, donations, pensions, The Center, school bus stops, parent's responsibility, paving, and drinking. Beverly Nichols, 2428 Coachman Drive, Deltona, spoke about flooding, redevelopment, Votran, housing developments, insurance, surveys, hurricanes and storm water. Mayor Herzberg stated there were three people with distinct discussions here and she suggested Ms. Nichols give her address to the manager. Acting City Manager Peters stated there will be a presentation at the January 4th Regular Commission Meeting regarding drainage issues and staff will be prepared to talk about Coachman Drive at that time. Mayor Herzberg suggested Ms. Nichols come back at the next meeting or talk to the manager for more information about what is going on out there. She stated that Mr. Bellach can do a public records request for the pensions and she suggested the manager discuss with Mr. Vagle the $39,000 lien on his rental property. 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: Commissioner Ramos left the meeting at 8:12 p.m. and returned at 8:15 p.m. Acting City Manager Peters recommended pulling Item 10-E for modification. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve all Consent Agenda Items except Item 10-E. The motion carried by the following vote: For: 7 - Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Mayor Herzberg, Vice Mayor Bradford, and Commissioner Avila-Vazquez Commissioner Sosa stated he had some questions, on Page 1 of 2 on Item 10-B towards the bottom, is that the right figure (CRA Fund (Fund 130) - $424,0911 (Exhibit E)) and City Attorney Fowler replied that is clearly an error. Commissioner Sosa stated on Item 10-F, is the total donations from Trane and Halifax City of Deltona Page 10 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Health $11,000? Commissioner Avila-Vasquez replied it is two different items and her understanding is that the item for the 25th Anniversary was one donation, but she did not know anything about the $5,000 for the league's uniforms. Commissioner Sosa stated if the donation is for a baseball league then why is it even coming before the Commission. That is something that should be done between the league and the business. Acting City Manager Peters stated the money for the uniforms is actually for the City’s youth basketball league and it was requested by Halifax to be used for that purpose. Commissioner Sosa asked how many uniforms would be purchased and Acting City Manager Peters replied he did not have the specific number. Commissioner Sosa asked if that verbiage could be put in there instead of just “league uniforms”. Acting City Manager Peters replied he would find out specifically how many uniforms and provide the information to the Commission. Commissioner Sosa stated he would like to pull the item until the Commission has the actual numbers. Acting City Manager Peters stated this is a new trend for staff. In the past the Commission probably would not have seen this. This is a budget transfer that is within the City Manager’s authority, but staff is trying to bring this information forward to the Commission because it is a modification to the budget. He felt like it was important to bring it to the Commission so you know that staff is modifying the budget with these numbers. He apologized for not having the full information with this, but staff is trying to be more transparent with regard to how it handles these donations and the budget transfers that occur as a result of it. Vice Mayor Bradford asked if all the funds that were donated by Halifax Hospital for the 25th Anniversary party were utilized for this last weekend’s celebration and if there are any funds left over for any additional anniversary celebrations because she does not think the Commission was aware that all the funds were going to use and that there would be no funds left. Acting City Manager Peters replied it is important to note that the $25,000 is strictly for the 25th Anniversary. It is a little bit confusing visually here because there was the Santa drive through which will continue until Christmas. After that will be the lighting display here at City Hall for the 25th Anniversary and that is truly what Halifax is donating toward. He had asked several people to get clarification, but the Commission will visually see a difference at City Hall after Christmas that signifies that the 25th Anniversary celebration has started. Also, it is his understanding that all the funds donated by Halifax Hospital have been utilized, but he will clarify that and let the Commission know. Commissioner Avila-Vasquez stated as a member of the Committee for the 25th Anniversary and for clarification to the Acting City Manager’s comment it was not $25,000it was $10,000 that was donated on behalf of Halifax for the 25th Anniversary celebration and that the funds are being distributed by the West Volusia Chamber because the Commission agreed to give them the responsibility of running the events and getting the sponsors for the events. So they are holding the funds, it is not in the City’s General Fund. A. Request for approval of Resolution No. 2020-70 and Execution of State Revolving Loan Agreement for the Alexander Avenue Reclaimed Water City of Deltona Page 11 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Augmentation Project (also known as Lake Monroe Project Phase 4B). - John Peters, Public Works Director, 386-878-8973. Strategic Goal: Infrastructure. Approved by Consent - to approve Resolution No. 2020-70 and authorize the Acting City Manager to execute the loan agreement and any other documents required by the Florida Department of Environmental Protection to complete the loan process for State Revolving Funds and has the authority to make corrections of Scrivener’s errors and the like. B. Request for approval of Resolution No. 2020-67, Budget Amendment Nos. 2020-059 through 2020-063 for the General Fund, Stormwater Fund, Transportation Fund, Transportation Impact Fees Fund, and Community Redevelopment Area Fund for FY 2019-2020 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Approved by Consent - to approve Resolution No. 2020-67, Budget Amendment Nos. 2020-059 through 2020-063 for the General, Stormwater, Transportation, Transportation Impact Fees and CRA Funds for FY 2019-20. The City Manager has the authority to make corrections of Scrivener’s errors and the like. C. Request for approval of Resolution No. 2020-68, Budget Amendment #2021-009 for the General Fund and Budget Amendment #2021-003 for the Replacement Equipment Fund for FY 2020-2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Approved by Consent – to approve Resolution No. 2020-68, Budget Amendment #2021-009 for the General Fund and Budget Amendment #2021-003 for the Replacement Equipment Fund FY 2019-20. The City Manager has the authority to make corrections of Scrivener’s errors and the like. D. Request for approval of Tyler Technologies Invoices - Robert Cordero, IT Department (386) 878-8807. Strategic Goal: Internal & External Communication City of Deltona Page 12 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Approved by Consent – to approve the payment of Tyler Technology invoices. The City Manager has the authority to make corrections of Scrivener’s errors and the like. E. Approval of Memorandum of Understanding with the Deltona’s Professional Firefighters, IAFF Local 2913. - Dr. Marc-Antonie Cooper, Deputy City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication Acting City Manager Peters stated the contract was negotiated prior to him becoming the Acting City Manager. He reviewed it and we are pretty much in agreement with a good bit of it. He was mindful of a statement that Commissioner Nabicht made on his last meeting that the City of Deltona needed to build a training center. The document is very heavy on training for the EMT (Emergency Medical Technician) and the paramedics. He is recommending in paragraph 3 B of page 2, that it be modified to a minimum of $150,000 of the accumulated transport funds should be utilized for the assistance of the development of a Fire Department training center in Deltona. That is the only modification he is recommending and what that essentially does is it gives it the means to put more money toward a training facility because the City is very fortunate through the efforts of its firefighters, EMTs and paramedic that the City’s transport program is very successful. Full disclosure, he was approached by the representative of the firefighters who apparently spoke to their attorney this afternoon and they felt like paragraph 6 says what he is recommending in this paragraph which he did disagree with. Remember that any modification that is made tonight would have to go back to the firefighters for ratification, so he is still recommending to modify paragraph 3 B to read a minimum of $150,000 of the accumulated transport funds and then the balance of the paragraph. Vice Mayor Bradford spoke about transport potential, funds received to date, new reports on transport, not having all the information, future revenues from transport, using transport funds for capital, buying a fire truck with CARES Act funds and the Fire Departments other needs. John Viccaro, Local 2913 Union Representative stated the union was approached by the City because they did not meet their deadline for the wage survey which was to be provided several years ago. The union was excluded from that, City employees got substantial raises from that and there was some confusion so rather than have a fight over it he was approached to give the City some leeway on that extension for the wage survey. He was also approached because some Commissioners were concerned about the restrictions on this money because in the contract it is very limited on what it can be used for. The union spent money to have two third party companies do public information requests to the county by zip code for actual cash returns, not billing, for each zip code in Deltona to Volusia County EMS. Then the union put a business model together that showed a feasibility study. The union developed a historic revenue stream to reduce the taxpayer’s burden because basically the Fire Department is like a huge social insurance policy that costs a lot of money and if it is not utilized what ends up happening is it is just a cost thing. The union wants to invent some revenue streams that had never been invented. One was community City of Deltona Page 13 Printed on 1/26/2021 City Commission Minutes December 14, 2020 paramedicine, a training center and transport. Based on this MOU (Memorandum of Understanding) the union went back to its business model and asked for non-bargaining unit positions and this money that is being spent is the $1.1 million dollars that was brought in. At the time the contract was written the union was told there was no money in this, but the union pushed it and said there was. So at the time the union asked for some wage increases of $2 for just the guys on the rescue which amounts to about $30,000. This does not specifically tie anyone's hands to anything, but what this does is allow the City and the Commission to utilize this bank of money that the union cannot spend on education. It allows the City to utilize this money to reinvest in the EMS system and sanitation items. The reason he went to Mr. Peters was he does not disagree with his addition to this language, but for full disclosure, this was an MOU that was publicly noticed as a negotiation, was done publicly and the City presented this MOU to the union and the union approved it. Then the union was asked to make more changes which was additional dollars to both the chief's position in the sum of $30 to $60 and $80 to $120 to cover all benefits and wages for both those positions which are not bargaining items. Now there is a question about the training center, he agrees with the manager’s language, but unfortunately this MOU was not publicly noticed to be bargained tonight so making changes to this MOU would not be appropriate. He does not disagree with the changes, he just cannot approve them in this forum. E either vote on an MOU that allows the City to extend the wage survey because he has a grievance on it or we go to the last line which means the City and the union would renegotiate another MOU. It would be pertinent to sit down with the Commission and not just add the language that the manager wants, but discuss further language. Vice Mayor Bradford stated the Commission needing more facts, pertinent information not that was not provided to the Commission and what the remainder of the funds would be used for. Mr. Viccaro stated he hoped to utilize the remainder of the funds to invest in the historic revenue stream. Vice Mayor Bradford asked if there is an Enterprise Fund or some sort of funding that can be done where the funds going to and then money is designated for x, y, z. Acting City Manager Peters replied full disclosure here, the actual part of the MOU that gave him pause when he first read it was paragraph 6. Paragraph 6 is the one that says any money that is left over at the end of the fiscal year is set aside to be part of the collective bargaining agreement negotiations in two years. While intentions are good and there could potentially be a lot of money on the table in two years. He felt like by modifying the paragraph in number two that it gives the City the flexibility to use that money toward a training facility and the representative said the union is for it. He felt like changing paragraph two to the minimum of a $150,000 allows money that is left over at the end of the year to be applied toward a training facility. The City cannot do an Enterprise Fund for the Fire Department, but it can do “enterprise like”. This is transport money intended for training of transport, there is two positions called out in here a Deputy Chief and a quality control person. It is up to him and the Commission as to whether or not to fill those positions. If the positions are not filled the money stays on the table for two years until the contract is negotiated. He just wants to make sure that the City is utilizing the money. Everything in here, the training, the money for the people making the calls and paramedic increases he is fine with all that. The City of Deltona Page 14 Printed on 1/26/2021 City Commission Minutes December 14, 2020 EMTs and paramedics that are doing the transport are making money not just for the City, but for themselves. The first two paragraphs were what was important and that was making it okay for the City to be late on the compensation study, but let's not kid ourselves when the compensation study is done the pay raises will be retroactive back to October 1st. A lot of money is going to go toward the pay corrections. The second paragraph had to do with interpretation of whether the $100,000 was a onetime thing or an annual thing. It was corrected to making it an annual amount of money. In concept, he is good with the agreement, but he is not comfortable having at the end of the year what is not spent goes on the table for future negotiations and it is not just for the EMT. The way that this paragraph reads it is for the Fire Department. Commissioner Avila-Vasquez stated here we go again trying to change a contract that does not expire in another two years. She understands what the manager is saying, but to discuss this when the City is ready to negotiate a new contract. Commissioner King asked if the Commission signs this tonight does it still have to go back to the union for approval and Mr. Viccaro replied absolutely and it can be turned down. Commissioner King stated if the MOU is okayed by the union there is still some verbiage that the Commission needs to look at which would benefit the City and Fire Department. Mr. Viccaro replied whatever the Commission wants, the union may not agree with the MOU and he is 100% okay with the language, but he cannot do anything in this forum. He questioned what the rest of the Commissioners wanted and whether those changes too would be added to the MOU. He thinks the union will approve it, but he is going to catch some slack because he is spending a lot of money on non-bargaining unit positions, sanitizing equipment, paramedic’s pay and paramedic education which is already coming out of the City’s General Fund. Commissioner King asked if the development of a training center would additionally create a revenue stream for the Fire Department and the City. Mr. Viccaro replied not in the next 10 years with a $150,000 unless the City commits to putting their additional $100,000 into an account, some more additional funds and float a bond because it is going to be a cost of $6 million dollars for a training facility. Mayor Herzberg stated for 2018/2019 transport pulled in $262,915.43, for 2019/20 it was $2684,832.07 and the October 30, 2020 monthly check was $60,416.50 which equals $1,008,164 give or take. The contract states $100,000 of the transport income goes into the General Fund and Mr. Viccaro replied yes. Mayor Herzberg stated the Fire Department is funded out of the General Fund at about $10 million a year. Per the union contract it states $100,000 goes into the General Fund not knowing what it would be at that time because evidently the figures from the county where not taken into account. Mr. Viccaro stated the county’s figures were taken into account fully on a board at negotiations with the paperwork and he was told he was 100% wrong. Mayor Herzberg asked if the $100,000 from transport income that goes into the General Fund was per year or in total. Mr. Viccaro replied to resolve that issue he just added to the MOU to make it annually for the City. Mayor Herzberg stated that was not clear in the contract which is why she wanted to reiterate that. Out of the $1 million the General Fund has received $100,000 to date because like Mr. Viccaro just said it is a one-shot deal and that was in the contract. It also says in the City of Deltona Page 15 Printed on 1/26/2021 City Commission Minutes December 14, 2020 contract that any remaining income goes toward training. Mr. Viccaro replied yes and education. Mayor Herzberg stated so out of the $1 million $900,000 is there for training. Last year management had cut a lot of the training, but last year the Fire Department spent about $36,000 on training. This past year it was about $50,000 on training. Basically, now there is $900,000 that is earmarked per the contract for training correct and Mr. Viccaro replied yes ma’am. Mayor Herzberg stated in this past budget which got cut there was $150,000 out of the General Fund money put in to begin a training facility, correct. Mr. Viccaro replied yes, that is why that says $150,000 because he was asked to subsidize it. Mayor Herzberg stated the other thing that is important is that the whole compensation study was a big mess. The cheapest firm was chosen which did a lousy job and that is why the City is where it is. The fire union set the parameters, the dates and everyone agreed, but it did not happen. She asked if the union was good with extending the deadline for the City's completion of the wage and benefit study provided for in Article 7, wages, and then get whatever the wage study says in back pay and Mr. Viccaro replied he totally gets that. Vice Mayor Bradford stated for clarification she was not doing this to try to get the union to renegotiate, but to make a very valid point that for this next negotiation the Commission needed to be prepared, all the information needs to be provided and shared with the entire Commission. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve the Memorandum of Understanding with the Deltona's Professional Firefighters, IAFF Local 2913. The City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 7 - Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Mayor Herzberg, Vice Mayor Bradford, and Commissioner Avila-Vazquez F. Approval of Resolution 2021-03, Budget Amendment #2021-018 for the General Fund for FY 2020-21 - Ryan Reckley, Director, Parks and Recreation, (386) 878-8900, Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues/Balanced Budget Approved by Consent – to approve Resolution 2021-03, budget amendment #2021-018 for the General Fund for FY 2020-21, to appropriate funds for Christmas lights and league uniforms. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. G. Approval of Resolution 2021-04, Budget Amendment #2021-020 for the City of Deltona Page 16 Printed on 1/26/2021 City Commission Minutes December 14, 2020 General Fund for FY 2020-21 - Camille Hooper, Director, Finance, (386) 878-8552. Strategic Goal: Fiscal Issues/Balanced Budget Approved by Consent – to approve Resolution 2021-04, budget amendment #2021-020 for the General Fund for FY 2020-21, to appropriate funds for the purchase of ClearGov budgeting software. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner McCool stated Pine Ridge Fellowship has come up for sale and the Commission has talked the last two years about a centralized place that nonprofits could go that could be a Deltona community services area in the City. She asked the Commission to think about this because this place is historical building. The CLC (Community Life Center) left a huge hole in our community when it left and working with Deltona Strong and as an activist in the community she gets asked numerous questions. If the City does not just show interest right away or if it does not start looking at it now, she is pretty sure that someone will go in there and put more houses up. She is trying to get a consensus from the Commission to just take a look at that to see if it would be viable for our community because again it is a very historical place, it was the first Church in Deltona. She does not know what this would entail and she does not have a blueprint for the Commission right now, but she knows that place is set up to serve the community because that is what it has been doing. She asked if it is the pleasure of the Commission to move forward in the New Year with servicing our community, she would like to hear that and she does not know what the financial ramifications are because it has just come up. There has been discussion about duplication of services and how the nonprofits cannot really talk to one another unless they are on HMIS (Homeless Management Information System) which has been streamlined. In the next two years there will be a lot of fallout from this year and she feels the City should be at the center of those needs. The City needs that, it needs a place to drop off items, a place to send people that is centrally located on the bus line. She is just asking that the Commission explore it. Mayor Herzberg stated she is assuming Commissioner McCool wants the City to purchase the Pine Ridge Fellowship building and Commissioner McCool replied yes Ma’am. Mayor Herzberg stated she does not support that because at this point the Commission does not have any true up of the City’s finances and no knowledge of what the City has financially. The City cannot be everything across the board right now and commit funding to purchase a building to start housing social services because that entails a social services director, City staff, renting out space as a business and maintaining another business. Until the Commission has an absolute true up, an audit of the City's finances from Mr. Peters she cannot support purchasing any property, selling any property or doing anything like that until the Commission knows where the City stands financially. The Commission’s duty right now, for the residents of Deltona, is to be fiscally responsible and see where we are at this point City of Deltona Page 17 Printed on 1/26/2021 City Commission Minutes December 14, 2020 because we will get hit with COVID. The following year is where the Commission is really going to have to look at the City’s finances. Mayor Herzberg asked if there was a consensus to move forward with Commissioner McCool’s request and after each Commissioner gave their reasons why or why not to move forward there was no consensus of the Commission. Mayor Herzberg stated City has had social service summits in the past, but excluded Volusia County. In Volusia County last year, they had expended over $340,000 in aid to the residents of Deltona and that was never discussed in the City’s social service summits. She suggested doing a deep dive into all of this as a way to see what the City really has, what is being done, who is giving, who is getting, what is needed, and what Volusia County in general is spending in rent assistance, mortgage assistance and utility bills outside of COVID. Also, what the City’s churches are doing, The House Next Door, Deltona Water, SHIP (State Housing Initiatives Partnership Program) funding, CDBG funding, the Council on Aging, Healthy Start, Boys and Girls Club, Veterans and the Early Learning Coalition. There are so many organizations that contribute and the City gives all of these agencies money every year. There is duplication of services and she agrees that there needs to be a central clearinghouse for this, but there are many, many more organizations that have requested funding. Every day a new nonprofit comes up that wants to use City parks, The Center, the chambers or City Hall for something. All those things involve City staff, City time and use of City property. Commissioner McCool stated the community does a good job of directing people and is picking up that slack. There is no central clearinghouse and Deltona at a minimum should have a booklet. There was a living breathing document that should be shared and updated to show where the services are, who is doing what, a list of churches, a list of community outreach, and income requirements. Nonprofits scramble to get money, space and food. Where are the access points, how many of these nonprofits can afford getting subsidies for HMIS (Homeless Management Information System) so that they are servicing everyone that needs to be serviced without duplicating services. The best use of not only the City’s money, but the community’s money. She just wants the City to serve those needs and provide a forum that the Commission can talk openly about it, so as long as it stays in the forefront. Commissioner Avila-Vasquez stated she understands and she gave examples of her experiences helping those in need. The City already has New Hope Human Services so let's make them stronger because it is her understanding they are building a building or a residence to house homeless or emergency apartments for emergencies. Let's put our efforts and funds with them since the Commission has trusted them this far and then give them the opportunity to be that place that the Commission is looking for. Also, there is a guide that was put together by the Fire Department after the first summit that the City held. Commissioner Ramos stated for clarification purposes he represents the City at the TPO (Transportation Planning Organization) and the City received a performance evaluation City of Deltona Page 18 Printed on 1/26/2021 City Commission Minutes December 14, 2020 from the district. He asked if Mr. Peters to talk a little bit about the evaluation that was received and an update on the embedded lights project. Acting City Manager Peters stated the simple answer is in May, it actually started last February, but particularly in May the City was not in very good shape. The City was kind of on double secret probation from the DOT (Department of Transportation) on the LAP (Local Agency Program) program. The program was shifted over to the Public Works Department which is quite frankly where it should have been all along because engineers know how to handle LAP projects. Staff was able to get Tivoli Blvd. done and get the City’s scores improved. Meanwhile, staff started on the sidewalk project in the area off of Elkcam Blvd. and off Providence Blvd. These are basically the original list of pathways to schools within a mile of schools. The City has received outstanding scores on that and DOT is actually approved to go forward with Elkcam Blvd. which the Commission approved not too longer ago to do the paved shoulders. Staff is working on Providence Blvd., but because the City cannot do land acquisition there are serious problems on both Providence Blvd. projects. Staff has already talked to DOT and on the southern Providence Blvd. portion basically from Alexander Avenue to Doyle Road and then down to the main trail, staff has looked at Alexander Avenue as it goes down to Doyle Road, crossing Doyle Road, then there is a subdivision that goes over to the trail. It is receptive to the type of project the City needs. From the point on Providence Blvd. down to Doyle Road it is a very tight right-of-away, a lot of mail boxes and driveways that go in opposite directions and somehow staff is supposed to put a trail in there. It was further exacerbated by the fact that the county had control of Providence Blvd. and the county told staff that they wanted the trail as far away from the road up against the right-of-way. That created other problems, now it is up against major power poles and even further impacting the driveways because now there is only a foot to catch grade. Tt became very evident that there was no way that staff could build the project without land acquisition. DOT has agreed in concept for the City to move the trail over to Alexander Avenue where there is already a six-foot trail over there. Staff would put a one-foot environmental curb on both sides, adjust about two or three driveways and basically eat the engineering ourselves just to keep it moving. Staff got the scope today to do that work so staff is progressing the project and it is not going to require land acquisition. Interestingly the Alexander Avenue trail goes on the opposite side of Providence Blvd. and it is six foot all the way to Normandy Blvd. where there was actually a wonderful trail system already there and this will enhance that. Staff was actually approached about doing the Ft. Smith shoulder widening project, but they backed off because there was another project somewhere else in the county needing the additional fund. The embedded light projects, the first one was from the TPO and the second one with the legislative grant which is moving forward. The City is able to piggyback on another contract. The three embedded light projects that were supposed to both be on Deltona Blvd., staff is going to change order that contract so that it can get that worked on this summer sooner rather than later. Then the LAP project for the embedded lights staff is moving forward, staff was able to find more than one contractor that does the work and they did not know about it the last time it went out to bid. Staff will let them know when the LAP project goes out to bid so that the City can get competitive bids from multiple firms. Those projects are moving forward well, but the good news is the City is in much better standing City of Deltona Page 19 Printed on 1/26/2021 City Commission Minutes December 14, 2020 with the DOT. Commissioner Avila-Vasquez stated she forwarded to the manager two emails by the same resident on Nardello Drive. Back in September the resident had a really big issue with mud slides. Even though it was not a City problem, the City acted on it and called an emergency meeting with the builders who took ownership of the problem and cleaned it up. Now the resident is reporting a problem with water that is coming from underneath the ground which he fixed by putting a pipe that drains the water, but now the water stands in front of their home. The issue affects a couple of residents that are complaining about the same issue and again, it is not water that is coming down with the rain and its water that is continuously coming out from under the ground. She asked what the status of the issue and if the manager can address it with the resident because the little girl is afraid of getting bit by the cloud of mosquitoes that are attracted to the standing water. The other issue she wanted to follow up on is the special requests from a resident to park and utilize an RV (Recreational Vehicle) to quarantine. Acting City Manager Peters stated that particular one really upset him in the end and when staff looked into the matter he had a great deal of sympathy for the person. It turns out it is not what staff was told, this is a person that had not been in the RV at night. The RV had been there for at least two years and hardly moved. The ownership of the property is unusual to say the least, but it is not as it appears, in fact he asked Code Enforcement to go after the resident. Commissioner Avila-Vasquez stated the other email that she received from a resident is about the homes behind Justin Plaza and she knows that the City has been working with the owners, a nonprofit organization who are trying to get contractors to help fix the place. Residents are telling her it is dangerous and an eyesore for Deltona Blvd. She asked the manager to reach out to them again and ask them to clean up the front of the building that faces of Deltona Blvd. and paint it all the same color as the building just to give it a nice clean look. The City has been doing sweeps, citing residence for things like this and. the City cannot make exceptions. Acting City Manager Peters stated a great deal of his time had been dealing with Code Enforcement issues. Commissioner Sosa is becoming very good friends with him and has been meeting out in the field. What the City is going to work on is what he calls a level 1, level 2 and level 3 Code Enforcement cases. This should be a level 1 which are the things that when you drive by the house or the business the issues are obvious. Those issues should be dealt with and that is the community appearance. Level 2 are things that are not quite as bad, but they will need to be addressed and then level 3 is where the City is literally getting into the middle of a civil dispute between property owners and he gave an example. What he wants to do is meet with staff to develop a list and come back to the Commission to talk about how the Commission wants to proceed with Code Enforcement because candidly it is not working. He does not think there is a single person up on the Commission right now who believes it is working. The City has to do something different and quite honestly the perception in the community is not positive when it comes to Code City of Deltona Page 20 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Enforcement so something different has to be done. So that is something that staff is working on which will be coming back to the Commission along with a plan of action on how the community’s perception can be changed regarding Code Enforcement. He has identified that as probably one of the City’s most critical issues in the City that needs to be addressed. Commissioner Avila-Vasquez stated she will forward the email again that all the Commissioners received because she spoke to the lady and told her that she would follow up it. 12. CITY ATTORNEY COMMENTS: City Attorney Fowler stated Merry Christmas to all and he cannot say the next line because we are not leaving and to all the residents. 13. CITY MANAGER COMMENTS: Acting City Manager Peters stated he has a few comments. First, he has made arrangements for a Joint City Commission and Planning and Zoning (P&Z) Board quasi-judicial workshop Saturday, January 30, 2021 from 9:00 a.m. to Noon. The cost will not exceed $750 which is a bargain for what the City is going to get, but he thinks it is a very important workshop. It will be televised and taped so that any future P&Z board members or Commissioners can go back and listen to the workshop. Acting City Manager Peters stated second, he talked to the Finance Department to bring a true up as best as staff understands it in January. Staff’s perception and what it being asked for is things such as what the balances are in the different accounts, what can that money be used for, what had that money been spent on and things such as that. He knows people have concern with the Firefighters’ Pension Plan and the status of it, things of that nature. Staff is going to try to come back to the Commission with a comfort level on where the City stands financially. This is important to him also because traditionally when a new City Manager comes in there is an audit done just so that the manager knows the books are right when they start. This true up is the closest he is going to get to that because the City does go through annually audits, but staff knows the numbers are accurate and just need to know what the numbers are. Acting City Manager Peters stated along those same lines in early in January staff is going to be bringing a budget calendar to the Commission for approval. It is going to be a very aggressive budget and very transparent budget. One of the very last items on the Consent Agenda was a piece of software that will make the budget process much more transparent and understandable to the average citizen. Acting City Manager Peters stated as he alluded to earlier on January 4, 2021 the City will be having a drainage presentation. Staff will also be talking at that time about the ground water problem and what is called day lighting when the ground water comes out of the ground and it looks like a continuous flow of water. This is all over the City and staff will talk about why it is a problem and how staff is going to address for the future. City of Deltona Page 21 Printed on 1/26/2021 City Commission Minutes December 14, 2020 Acting City Manager Peters stated a brilliant person suggested to him that he thought was a great idea. When people move in to town the first thing they do is they get a meter. He has worked with staff to put together an eight-page brochure so when a person comes into the City they receive it. It tells them where the restaurants are, a map of the City, where to worship and frequently asked questions such as how do I properly park my cars if I have more than one in my driveway, how do I properly park my RV, and how do I properly park my boat. These things that staff frequently sees all put in one document where people see it up front so if someone moves into the City with a 55-foot yacht the person will know that probably needs to be put somewhere else. Hopefully staff can have a draft copy soon for the Commission to look at. Acting City Manager Peters wished everyone and the Commission a Merry Christmas, Happy New Year’s and he also wished the entire community of Deltona a Merry Christmas and Happy New Year's. 14. CITY COMMISSION COMMENTS: Commissioner King reminded everybody that Wreaths Across America is coming up this Saturday the 19th at Deltona Memorial Gardens, the ceremony is at Noon and the community is invited to come out to that to help lay wreaths at the end of the ceremony which will only be about 15 minutes long. If someone has to sit down, bring a chair. He stated Happy Hanukkah, Merry Christmas and Happy New Year’s to everybody in the City. Commissioner McCool gave a huge shout out to City staff, Parks and Recreations and everybody that participated in the fabulous event that the City had Saturday night with the drive-thru Christmas lights. It was reported that 552 cars in three hours She thanked the manager for talking about the City’s building standards because that comes up quite a bit in her residents’ concerns. She and the manager have been in joint after-hours meetings with residents in the neighborhood and she thanked the manager for moving forward in a positive way. It is her belief the City is a unique area that is inundated with rain, there are lakes, ground water and the City’s building codes and standards should reflect as such to include something hydrology or geo technical. She has been to a couple of events over the last month at The Center and she gave a shout out to Joe Hearn for the fabulous job staff does out there for the community and the attention to detail. She is really proud of all of that and she hopes in the future staff is exploring ways to bring the community together and have some affordable community events. She visited Bonkers for the first time in the last two months, it is fabulous and she hopes that staff continues to bring the community affordable options because it is a really beautiful place. She wished all of the residents a Merry Christmas and a Happy New Year. She loves seeing new faces at the meetings, everybody hanging in and know that the City does have a climate of wanting to answer resident's needs and concerns. It does her good to not only see the same old faces, but new faces as well, residents are the most important people here, you are the Commission’s bosses and it is an honor to serve the residents. She hopes everyone has a healthy and safe holiday. Commissioner Ramos stated he wanted to echo what Commissioner McCool stated as it relates to Parks and Recreations staff. He thinks the event was excellent, the time that staff City of Deltona Page 22 Printed on 1/26/2021 City Commission Minutes December 14, 2020 put in and just some of the ideas that he is hearing for next year. He thinks the parade might be gone with what the City just saw here. He wished everyone Merry Christmas and Happy New Year’s, stay safe. Commissioner Avila-Vasquez stated just to echo the comments about the drive-thru, it was fantastic. She danced through the whole thing wishing everybody a Merry Christmas, giving out the bags and she could not get out of her car when she got home because she was in so much pain, but she had a wonderful time. Staff was amazing, w the beautiful décor and a lot of people were saying “oh my God, I can't believe I missed this last year” and she told them this was the first time the City had done this instead of the Christmas parade. She thanked staff and she wished everyone a Merry Christmas and may the new year bring better days, health and blessings because what all those you can get anything you want, stay safe. Commissioner Sosa stated he had to agree, Parks and Recreation and Storm Water did an awesome job with the drive-thru. Maybe next year with the floats staff and the Commission can actually drive them around the main roads of Deltona bringing some Christmas cheer, staff did a super job on those floats. He wished everybody a Merry Christmas and a Happy New Year’s and he will see everybody next year. Vice Mayor Bradford stated the Commission was receiving e-mails in November that the City was not doing a turkey giveaway for Thanksgiving, but the City was possibly going to do it Christmas and she asked the manager if he knew anything about that. Acting City Manager Peters replied he will check on that, he knows there was an issue with the gift cards for Thanksgiving that were ordered well in advanced. Wal-Mart unfortunately due to COVID took longer than usual so he will follow up on the turkey situation. Vice Mayor Bradford stated thanked staff who did a wonderful job on the two major events that were back to back on Saturday. The Center had Santa there, she was sorry she missed it, but she put it on the wrong day. Phenomenal job by Parks and Recreation, utilities and everybody involved, it was amazing. She was down by Santa and at first, she thought people were happy to see her, but then she realized maybe it was Santa behind her that everyone was happy to see. It was amazing what staff did, it was priceless for the community children. Vice Mayor Bradford stated Megan Potosky with VCSO (Volusia County Sheriff’s Office) made her a box of cookies which is at the back table. She owns Pastries by Exposure and if the residents did not get a little plate of those wonderful cookies and pastries at the back table they are absolutely phenomenal and there is business card back there too. Vice Mayor Bradford wished everyone a very Merry Christmas, Happy Hanukkah and Happy New Year’s. Vice Mayor Bradford stated it was disturbing driving down Holland Boulevard, the City has had some very extreme cold temperatures, colder than normal for this time of year and she City of Deltona Page 23 Printed on 1/26/2021 City Commission Minutes December 14, 2020 believes the City has some procedures in place for the shelters, but it hit her heart very hard when she went by at 7:00 a.m. and laying on the bench hovered up sleeping in blankets was an individual. It happened to be one of those mornings where she literally had to go outside and warm her car for 10 minutes to get the ice off the windshield. She asked if the City had the procedures in place for cold weather shelters and what the City is doing for that. She requested an update on that because so far, the City has already had three morning this year that she had to start the car and let it literally run to get the ice off the window. Fire Chief Snyder stated staff has been meeting with the county every week and having meetings every other week. Generally, what is done is staff tries to go out to the areas that staff knows of where these people are and let them know what is going on. Then there is Votran that comes in to usually two different areas in the City and staff lets the people know that the bus will be there in order to pick them up and take them to the shelters. To date staff has not had a single person show up for any of those bus rides going back to last year when the City instituted this. This year, Votran said that it was trying to work with Deltona to try to put these bus stops together to get people there, but they have not had any luck so they did not do anything for this year for these last cold snaps. He thinks there was two days that it was below 40 degrees which is Votran’s criteria for a running the buses and that is countywide. Vice Mayor Bradford stated she has seen this particular individual at the bus stop in front of the Beef O’Brady's. She asked that staff keep an eye out, but it was the mornings where it was at 34 degrees. Since it is a bus stop that might make sense as to why the person was actually waiting there. Again, she asked staff to keep an eye out in that area, she would greatly appreciate it. Fire Chief Snyder stated generally what Votran will determine two different stops that they will go to and pick up. Unfortunately, Deltona is so huge that it is hard to find all the people and get them to those two separate locations. It is an issue and a problem that has been difficult to solve up to this point. Vice Mayor Bradford stated it is, just keep an eye out since staff knows that the person is there now because she has seen them more frequently now. Vice Mayor Bradford thanked Commissioner McCool for her bleeding heart, she is right and she has been an advocate, she is part of the reason that the City even got the summit she was right there in the beginning to help start this and pushed the City through from day one. She thanked her and she appreciates her heart. Vice Mayor Bradford gave a shout out to Commissioner Ramos, Happy his 50th birthday. Vice Mayor Bradford stated one last thing, fireworks, the Commission will not meet again before New Year's and this tends to be a situation that always arises and she has already had one group call her who was approached them wanting to sell fireworks. What everyone has to keep in mind is that there are a lot of Veterans in the City and individuals that when these fireworks go off it is a little bit much for them. She asked that everyone please keep that in mind this year and she knows it is tough because everyone is home, nobody is able to go out. She asked everyone to be conscious because what is fun for some can be horror for somebody else and be conscious of our neighbors and friends around us. She wished everyone a very Merry Christmas, Happy New Year’s, Happy Hanukkah, happy holidays, or whatever everyone celebrates. She prays that everyone is safe and healthy and brings in City of Deltona Page 24 Printed on 1/26/2021 City Commission Minutes December 14, 2020 the New Year 2021, let's get rid of 2020. Mayor Herzberg stated she wanted to say, here we are at the last Commission meeting of 2020. In the beginning of the year who would have thought that the City would be in this situation and sitting up here with some form of a mask, but we came through it. The City of Deltona along with many other municipalities has really looked at their needs and their wants and started to prioritize and really worked on changing how we operate. Sometimes it takes something serious to reset your life, your job, your work and how you deal with stuff. She thinks the Commission has done a great job of working together and trying to provide the best that it can for the residents and just know that in 2021 there is more to come. She thinks the Commission has a great focus and that the City can grow wisely and this is a Commission to do it. She is very proud of everyone that sits on the dais. She is very grateful for public safety, for the Fire Department, for the VCSO, and City staff. Above all she is grateful for the residents of Deltona that in times of need show that they can ban together and help their neighbor. She has seen it over and over again this year, especially. She wished everyone a Merry Christmas, Happy New Year’s, Happy Hanukkah and she wished everyone all the best and greater things for 2021. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 10:05 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 25 Printed on 1/26/2021

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, December 14, 2020 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. Background: ***NOTE*** The City Commission is dedicated to working hard and keeping our city moving forward, and a top priority during the COVID-19 pandemic is to help maintain the health of our employees and residents. Another top priority is being able to maintain public participation in our City meetings. Following CDC Guidelines, we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commissioners, staff and residents. Though there are restrictions when it comes to public gatherings, we are dedicated to making sure those who would like to make their voice heard are able to. Please note your public comments can be submitted via one of the following mediums no later than 3:00 p.m. on December 11, 2020 to ensure they are available for the Commissioners to review prior to the meeting. · eComment o Click the “Agenda & Minutes” icon on the homepage; o Chose the meeting you want to comment on and click on “eComment” in the last column; and o Go to the item and click on the speech balloon marked “Comment” to make your comment. o To view all comments made on an item chose the speech balloon to the left. · Visit the “Request To Speak” page of the website at <https://www.deltonafl.gov/city-commission/webforms/request-s peak> o Under the Commission Meetings tab City of Deltona Page 1 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 o Fill out the “Request To Speak” form - which will be submitted. · Email: cityclerkdept@deltonafl.gov <mailto:cityclerkdept@deltonafl.gov> · Fax: 386-878-8501 All submitted comments will become part of the official City record, and be attached to the meeting minutes. This is a fluid situation and as procedures change, we will be sure to update you. Attachments: Instructions for eComment 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #4 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 November 2, 2020 and the Special Commission Meeting of November 9, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: November 2, 2020 RCM Minutes November 9, 2020 SCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 16-2020, rezoning request (RZ20-0016) for property located at 1700 Doyle Road to change the zoning from Retail Commercial District (C-1) to Heavy Commercial (C-3), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. City of Deltona Page 2 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 Strategic Goal: Public Safety, focus on City beautification Background: The City received an application to rezone ± 0.6888 acres (30,004 sf) of land located at 1700 Doyle Rd from C-1 to C-3. The applicant is seeking the rezoning change from C-1 to C-3 for the purpose of utilizing the property to store commercial vehicles and equipment including, heavy trucks and trailers. The applicant has a tenant that runs an auto transport business and is interested in the property as a staging and storage area. The proposed rezoning parcel was once used as a facility where mulch and stone were stored and sold in bulk quantities. The operation was known as Deltona Mulch and Stone. Improvements associated with Deltona Mulch and stone included a paved area with concrete separators that were used to store mulch, stone, and other material. By the 2010s the Deltona Mulch and Stone use had ceased. The last Business Tax Receipt for the property which was issued under Deltona Mulch and Stone occurred in 2016. The Deltona Mulch and Stone use consisted of outdoor storage, which was incompatible with the C-1 zoning but continued under the C-1 zoning as a non-conforming use. The property was assigned a C-1 zoning by the City in the early 2000s to recognize a commercial node located at the intersection of Doyle Rd and Saxon Blvd. predominately developed with retail and service oriented uses, consistent with the C -1 zoning. According to Sec. 110-601 of the City Land Development Code a nonconforming use, which is abandoned for a period of six consecutive months cannot be reinstated, and all other uses will need to be consistent with the current code. As has been stated , the mulch facility closed over four (4) years ago, and any new uses would need to comply with the underlying C-1 zoning. Staff reviewed the request to change the zoning from C-1 to C-3 and recommends the request be denied for the following reasons: 1) Many of the permitted uses within the C-3 zoning, including outdoor storage, body shops, welding and fabrication can cause noise, heavy truck traffic, odors, etc. which are not compatible with nearby neighborhoods; 2) The property does not have enough land to afford Land Development Code requirements like landscaping, parking, City of Deltona Page 3 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 access (turn lanes), etc. to facilitate a functional development product; and 3) The request is inconsistent with the Comprehensive Plan for the above reasons. For more information see the attached staff report. On November 18, 2020, the Planning and Zoning Board heard this rezoning request and voted unanimously to forward this ordinance to the City Commission with a recommendation to deny the C-3 rezoning application. Reasons cited by the Board for the denial were incompatibility with nearby residential areas to the north and the request being inconsistent with the Comprehensive Plan. Attachments: Staff Report Maps Ordinance 16-2020 B. Public Hearing - Ordinance No. 18-2020 Amendment to Chapter 48 of the City of Deltona Code Relating to Sexual Offenders & Sexual Predators 2nd Reading - Marsha Segal-George, Assistant City Attorney, (386) 878-8872. Strategic Goals: Internal/External Communication & Public Safety Background: The Amendment to Chapter 48 of the City of Deltona Code relating to Sexual Offenders & Sexual Predators was initiated by the Volusia County Sheriff’s Office for clarification to add “Designated School Bus Stops, Libraries, and Churches to the list defining locations as to where children congregate so that distancing calculations as to living restriction where an individual convicted of a violation of F.S. Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145 or similar law of another jurisdiction, regardless of whether adjudication has been withheld, may reside in the City of Deltona. Additionally, revision to Sec 48-2 (4) Temporary residence definition changed from five days to three and Sec. 48-3 exceptions (b)(a) shall not apply to a person that was a minor when offense committed and was not convicted as an adult. Attachments: Ordinance 18-2020 C. Public Hearing - Ordinance No. 19-2020 amending the Comprehensive Plan of the City of Deltona, by amending the Capital Improvements Element and providing for the replacement of the Capital Improvement Project sheets, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. City of Deltona Page 4 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 Strategic Goal: Infrastructure - Capital Improvements Program. Background: Pursuant to Chapter 163.3177(3)(b) F.S., the City Capital Improvements Element of the Comprehensive Plan must be reviewed and updated on an annual basis. It is recommended to send the Capital Improvements Element (CIE) Report to the Department of Economic Opportunity (DEO) when it is adopted by the City Commission each year. Staff has reviewed the current class “A” capital improvements and summarized expenditures and funds carried forward for the next five years. The intent of the review is to ensure compliance with the adopted level of service (LOS) standards. In collaboration with the City’s Finance Department and other City Departments, adjustments have been made to update the Capital Improvement project sheets. Please be advised the expenditures and fund carryovers are copied directly from the City budget approved by the City Commission in September of 2020. Therefore, the budgetary information cannot be altered or otherwise modified as part of the CIE update process. On November 18, 2020, the Planning and Zoning Board is scheduled to hear the Capital Improvement Element update and related project sheets. However, the formulation of the December 14, 2020 agenda occurred before the Planning Board meeting occurred. City staff will provide a verbal update on the Planning and Zoning Board recommendation with regard to Ordinance No. 19-2020. For more information see the attached Capital Improvement Element update/Level of Service Report and related replacement project sheets. Attachments: Level of Service Report ORDINANCE NO 19-2020 EXHIBIT A Replacement Project Sheets 7. OLD BUSINESS: A. Request approval of Resolution No. 2020-64, providing for an adjustment to Wastewater and Reclaimed Water base facility charges beginning 1 April 2021, eliminating the 10,000 cap on Wastewater Usage Charges effective 1 April 2021, adjusting the Combined Wastewater Impact Fee and Capital Fund Recovery Fee effective 1 April 2021, and annual rate indexing of Wastewater and Reclaimed Water base facility and water and irrigation usage charges equivalent to the Engineering News Record (ENR) Construction Cost Index beginning 1 October 2024. - John Peters, Public Works/Deltona Water (386) 878-8973. City of Deltona Page 5 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 Strategic Goal: Infrastructure/Fiscal Issues Background: The City of Deltona engaged GovRate, Inc. to complete a Rate Study of Deltona Water’s Potable Water, Irrigation, Wastewater and Reclaimed Water Base Facility Charge and Usage Rates. In order to maintain sufficient funding to complete regulatorily mandated capital projects and an adequate level of repair and replacement projects, GovRates determined that the City of Deltona needed to modify the current Base Charges for Wastewater and Reclaimed Water, eliminate the 10,000 gallon cap on Wastewater Usage Charges, adjust the combined Impact Fee and Capital Fund Recovery Fees, and provide for indexing of base fees and usage charges beyond 2023 based on the Engineering News Record (ENR) Construction Cost Index. The City of Deltona Commission conducted a workshop (28 September 2020) to review all aspects of the proposed adjustments inclusive of capital projects, repair and replacement, and operation expenses. In accordance with Florida Statute 180.136, the City of Deltona will include a notification in the monthly bills informing ratepayers of the recommended rate increases. In addition, 68.65 of the City of Deltona Code of Ordinances requires that utility rate increases for water and wastewater must be considered in separate resolutions, and 68.64 of the Code of Ordinances allows the City Commission to consider annual indexing of Utility Rates. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.” Attachments: Deltona WS Rate Study Presentation 9_22_2020 - JAP III Resolution 2020-64_20201208 B. Request approval of Resolution No. 2020-65, adjusting the Combined Potable Water Impact Fee and Capital Fund Recovery Fee effective 1 April 2021, and annual rate indexing of Potable Water base facility and water and irrigation usage charges equivalent to the Engineering News Record (ENR) Construction Cost Index beginning 1 October 2024. - John Peters, Public Works/Deltona Water (386) 878-8973. Strategic Goal: Infrastructure/Fiscal Issues Background: The City of Deltona engaged GovRates, Inc., to complete a Rate Study of Deltona Water’s Potable Water, Irrigation, Wastewater and Reclaimed Water Base Facility Charge and Usage Rates. In order to City of Deltona Page 6 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 maintain sufficient funding to complete regulatory mandated capital projects and an adequate level of repair and replacement projects, GovRates determined that the City of Deltona should to adjust the combined Impact Fee and Capital Fund Recovery Fees, and provide for indexing of base fees and usage charges beyond 2023 based on the Engineering News Record (ENR) Construction Cost Index. The City of Deltona Commission conducted a workshop (28 September 2020) to review all aspects of the proposed adjustments inclusive of capital projects, repair and replacement, and operation expenses. In accordance with Florida Statute 180.136, the City of Deltona will include a notification in the monthly bills informing ratepayers of the recommended rate increases. In addition, 68.65 of the City of Deltona Code of Ordinances requires that utility rate increases for water and wastewater must be considered in separate resolutions, and 68.64 of the Code of Ordinances allows the City Commission to consider annual indexing of Utility Rates. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Deltona WS Rate Study Presentation 9_22_2020 - JAP III Resolution 2020-65_20201208 C. Consideration of amended contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Background: On November 19th, 2020, the Deltona City Commission voted to terminate their Contract with the Acting City Manager, Dr. Marc Antonie-Cooper. Subsequently, the Commission voted 6 to 1 to ask John A. Peters, III to assume the role as Acting City Manager, which was later that evening accepted by Mr. Peters. Due to the unique role of the position of Acting City Manager, it is necessary to negotiate and approve a contract to memorialize the expectations and responsibilities of the Acting City Manager. Mr. Peters and the City Attorney, Skip Fowler, have met in person and telephonically on several occasions to iron out the contract that is before you this evening. This contract includes financial matters such as salary, car allowance, retirement and benefits, evaluations that will occur every three months, normal contract languages expected for a position of this nature inclusive of methods of termination of contract, and includes a copy of the International City Manager’s Association (ICMA) Code of Ethics which is made a part of this contract. City of Deltona Page 7 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 Attachments: Peters - Acting City Manager Agreement - Final - 12.04.20 8. NEW BUSINESS: 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 approval of Resolution No. 2020-70 and Execution of State Revolving Loan Agreement for the Alexander Avenue Reclaimed Water Augmentation Project (also known as Lake Monroe Project Phase 4B). - John Peters, Public Works Director, 386-878-8973. Strategic Goal: Infrastructure. Background: The City of Deltona in conformance with the St Johns River Water Management District (SJRWMD) Consumptive Use Permit (CUP) has developed plans for the withdrawal of up to tem million gallons of surface water from Lake Monroe (St. Johns River) and transmit said water to the Alexander RIB Site. The City has been successful in obtaining grants from the SJRWMD and Florida Department of Environmental Protection (FDEP) to offset a portion of the overall cost. However, approximately eight (8) million dollars in local funds are required to complete the project funding. The State of Florida through the FDEP offers low interest loans through the State Revolving Loan program. The City staff made application for such a loan, and the State approved our application in August 2020. Similarly, the Deltona City Commission on December 12, 2016 authorized staff to seek a low interest loan for the Alexander Avenue Reclaimed Water Augmentation Project. See attached Resolution No. 2016-68. The FDEP, for administrative purposes only, requires a specific resolution authorizing the Acting City Manager to execute the City of Deltona Page 8 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 loan agreement at that time, much like is required with this application. Attachments: Resolution No. 2020-70 Resolution No. 2016-68 B. Request for approval of Resolution No. 2020-67, Budget Amendment Nos. 2020-059 through 2020-063 for the General Fund, Stormwater Fund, Transportation Fund, Transportation Impact Fees Fund, and Community Redevelopment Area Fund for FY 2019-2020 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Background: The Commission approved the annual budget for FY 2019-20 on September 16, 2019. Staff requests final true-up amendments for the 2019-20 fiscal year as detailed in attached Exhibits A-E to · Adjust budgeted amounts for line items in the General (Attachment A) and Stormwater funds (Attachment B); · Adjust budget for transfer of revenue from Transportation Impact Fees Fund (Attachment C) to Transportation Fund (Attachment D); and · Appropriate budget for CRA projects at 9/30/2020 (Attachment E); Attachments: 2020-67 Resolution - Final True-Up Amendment for FY 2020 2020-059 General Fund Final True-up FY 2020 2020-060 Stormwater Fund Final True-up FY 2020 2020-061 Transportation Fund Final True-up FY 2020 2020-062 Transportation Impact Fees Final True-up FY 2020 2020-063 CRA Projects C. Request for approval of Resolution No. 2020-68, Budget Amendment #2021-009 for the General Fund and Budget Amendment #2021-003 for the Replacement Equipment Fund for FY 2020-2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Background: The Commission approved the annual budget for FY 2020-21 on September 21, 2020. Staff requests budget amendments as detailed in attached Exhibits A-B to · Increase budgeted revenues for Permit, Inspection, and Engineering Fees and FEMA reimbursements by $288,000 City of Deltona Page 9 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 based on fiscal year-to-date collections and Building department activity; · Increase salary and benefit appropriations in the General Fund by $188,000 to unfreeze Plans Examiner and Building Inspector positions based on anticipated additional revenue (net increase in General Fund budgeted fund balance of $97,000); and · Appropriate $30,000 unencumbered fund balance in the Replacement Equipment Fund to cover the estimated cost of installation of security cameras at the Public Works depot. Attachments: 2020-68 Resolution - Budget Amendments 2021-003 and 2021-009 2021-009 Const Svcs Revenue and Unfreeze Positions 2021-003 Security Cameras PW Depot D. Request for approval of Tyler Technologies Invoices - Robert Cordero, IT Department (386) 878-8807. Strategic Goal: Internal & External Communication Background: The City utilizes Tyler Technology products for financials, utility billing permitting, code enforcement, and land development projects. This invoice is the annual maintenance and support for a portion of the products, other products are invoiced at different times throughout the year. The total cost of the current invoices is $96,139.14. Funds were appropriated in the IT software maintenance budget for the fiscal year 2020/2021. E. Approval of Memorandum of Understanding with the Deltona’s Professional Firefighters, IAFF Local 2913. - Dr. Marc-Antonie Cooper, Deputy City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication Background: Article 44 of the City’s Collective Bargaining Agreement with the IAFF for the period of October 1, 2018, through September 30, 2022, provides that transport revenues reoccupied by the City in excess of $100,000 are returned to the fire department for the purpose of training and education of bargaining unit members. The City and Union have developed an MOU, in the spirit of cooperation that will further enhance Emergency Operations, as well as expand emergency services to our residents at no additional expense to the general fund. Attachments: FIRE MOU Copy of MOU Transport Excel Copy of Transport Checks 2018-21 Year City of Deltona Page 10 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 F. Approval of Resolution 2021-03, Budget Amendment #2021-018 for the General Fund for FY 2020-21 - Ryan Reckley, Director, Parks and Recreation, (386) 878-8900, Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues/Balanced Budget Background: The City has received donations from Trane and Halifax Health for the City’s 25th Anniversary, holiday lights and league uniforms. This budget amendment appropriates $6,000 of the donated funds for the City’s Holiday Lights and $5,000 for the league uniforms. Attachments: 2021-03 - Resolution - Budget Amendment 018 FY20-21 2021-018 P&R Donation Exhibit A G. Approval of Resolution 2021-04, Budget Amendment #2021-020 for the General Fund for FY 2020-21 - Camille Hooper, Director, Finance, (386) 878-8552. Strategic Goal: Fiscal Issues/Balanced Budget Background: The Finance Department, to prepare a budget that is compliant with the American Disability Act, would like to purchase ClearGov, a cloud-based budget software. The software will aid the Finance Department in preparing an annual budget that is not only compliant with federal regulations, but also accurate, interactive and transparent for all users. Attachments: 2021-04 - Resolution - Budget Amendment 020 FY20-21 2021-020 ClearGov Exhibit A 2021-04 ClearGov Exhibit B 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 City of Deltona Page 11 Printed on 12/10/2020 City Commission Regular Commission Meeting December 14, 2020 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 12 Printed on 12/10/2020

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