City Commission
Regular MeetingDeltona, FL · May 3, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, May 3, 2021 6:30 PM Deltona Commission Chambers
REVISED 04/29/2021
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:
The meeting was called to order at 6:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 9 - Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Vice Mayor Bradford
Mayor Herzberg
Acting City Manager
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Sosa.
Commissioner Sosa introduced Nick Pizza with Pizza Ministries who led everyone in the
invocation and Commissioner King led everyone in the pledge to the flag.
The National Anthem was sung by Mya Eggent an 8th Grade student at River Spring Middle
School.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of November 30,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
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Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
approve the minutes of the Regular Commission Meeting of November
30, 2020, as presented. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for April 2021
The Mayor and Commission presented a video recognizing the Super Star Students for the
month of April 2021.
B. Proclamation - Lupus Awareness Month.
The Mayor and Commission presented a Proclamation in honor of Lupus Awareness
Month.
C. Proclamation - National Clerk’s Week
The Mayor and Commission presented a Proclamation in honor of National Clerk’s Week.
D. Proclamation National Bike Month - May 2021
The Mayor and Commission presented a Proclamation in honor of National Bike Month,
May 2021.
E. Update by the West Volusia Regional Chamber of Commerce
West Volusia Regional Chamber of Commerce Executive Director Sherry DeCrenza gave
a presentation to include the history of the Chamber, how it evolved, the value of the
Chamber, the Chamber helping businesses, and upcoming events to include the First
Responders Valor Awards at The Center at Deltona on May 26th and Deltona TV’s live
broadcast of this event.
ADD-ON ITEM 5-F - Florida House of Representatives Webster Barnaby
gave an update on the Florida Legislature.
Florida House of Representatives Webster Barnaby gave an update on the Florida
Legislature and House Bills (HB) 903, HB 880, HB 619 and HB 1585. Also, there are
multiple projects funded including $300,000 for the City of Deltona.
The Commission and Representative Barnaby discussed removing the yellow cones on
Deltona Blvd. and more funding for mental health resources.
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6. ORDINANCES AND PUBLIC HEARINGS:
None.
7. OLD BUSINESS:
A. ADD-ON ITEM: Request for approval for a salary increase for the Acting
City Manager based on his satisfactory evaluations - John A. Peters, III,
P.E., Acting City Manager, (386) 878-8858.
Strategic Goal: Internal and External Communication
Acting City Manager Peters gave a brief explanation of the item.
Motion by Commissioner Ramos, seconded by Commissioner King, to
authorize the $2,500 increase in salary based on the satisfactory
evaluations submitted by a vote of the Commission. The Acting 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 Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
8. NEW BUSINESS:
A. REVISED: Discussion regarding Resolution No. 2021-22, imposing a
Moratorium on all residential planned unit development applications from
July 1, 2021 through December 31, 2021. - John Peters, III, PE, Acting City
Manager (386) 878-8850.
Strategic Goal: Land Use
Acting City Manager Peters gave a brief explanation of the item.
Motion by Commissioner Sosa, to approve Resolution No. 2021-22
providing for a Moratorium on Residential Planned Unit Development
applications beginning 1 July 2021 through 31 December 2021 to allow
for the drafting and implementation of three new residential land use
designations in the Land Development Code. The Acting City Manager
has the authority to make corrections of scrivener’s errors and the like.
Mayor Herzberg stated before there is a second to the motion, the City is not doing a
resolution or does the resolution need to be done to move forward to the ordinances. City
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Attorney Fowler replied the Commission can go directly to the ordinances which is what the
Acting City Manager was recommending which would be available for Commission
adoption at the next Commission meeting, but the Acting City Manager would need that
direction.
Amended motion by Commissioner Sosa, seconded by Vice Mayor
Bradford, that the Commission provide direction to the Acting City
Manager, Mr. John Peters, to provide the Commission with
documentation for a moratorium on Residential Planned Unit
Development (RPUD) beginning July 1, 2021 through December 31,
2021 at the next City Commission meeting on May 17, 2021.
The Commission, Acting City Manager Peters and staff discussed contentious meetings,
being proud, responsible development, RPUD (Residential Planned Unit Development)
development, making progress, and applications and the time frame.
Mayor Herzberg opened the public comments.
Elbert Bryan, Deltona, spoke about acreage, being careful, review time, slow down, time to
change, moratoriums and stepping up to the plate.
Jim McCully, 920 Gage Avenue, Deltona, spoke about supporting the moratorium,
development, RPUDs, future land use, the Comprehensive Plan, reviewing the process,
DRC (Development Review Committee), recommendations for approval, decisions and
recommendations, staff qualifications, interacting with constituents, legal repercussions,
P&Z (Planning & Zoning) Board's authority, facts presented, compatibility and meeting all
requirements.
Mayor Herzberg closed the public comments.
The amended motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
B. Request for approval to replace 2014 Ford F-150 4x4 Extended Cab
(ES-1517), cost of $33,255.00 for the Enforcement Services. - John A.
Peters, III, PE, Acting City Manager, Building & Enforcement Services (386)
878-8852.
Strategic Goal: Public Safety
The Commission and Acting City Manager Peters discussed truck replacement, animal
control vehicles, purchasing more vehicles, vehicles vs. staff, doubling up on vehicles, and
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electric vehicles.
Motion by Vice Mayor Bradford, seconded by Commissioner Sosa, to
grant approval to replace 2014 Ford F-150 4x4 Extended Cab (ES-1517),
cost of $33,255.00 for the Enforcement Services. The Acting City
Manager has the authority to make corrections of scrivener's errors and
the like.
Mayor Herzberg opened and closed the public comments as there were none.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
C. Request for approval to replace 2008 Ford Explorer 4x4 AWD (CS0834), at
the cost of $28,496.00 for the Construction Services Division. - John A.
Peters, III, PE, Acting City Manager, Building & Enforcement Services (386)
878-8852.
Strategic Goal: Public Safety
The Commission and Acting City Manager Peters discussed leased vehicles, purchased
vehicles, cost effectiveness, fleet operations, maintenance, vehicle use, two Ford
Expeditions, Fire Department, and budget.
Mayor Herzberg opened and closed the public comments as there were none.
Motion by Commissioner McCool, seconded by Commissioner Sosa, to
grant approval to replace 2008 Ford Explorer AWD 4x4 (CS0834), cost of
$28,496.00 for the Construction Services Division. The Acting 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 Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
D. Request for approval to replace 18 year old playground at Dewey Boster
with ADA Accessible and Inclusive Playground - Ryan Reckley, Parks &
Recreation Department (386) 878-8902.
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Strategic Goal: Infrastructure
Acting City Manager Peters gave a brief explanation of the item.
The Commission and Acting City Manager Peters discussed the playground's location and
ADA (Americans with Disabilities Act) accessibility playgrounds.
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
approve the replacement of the current playground at Dewey Boster
with an ADA accessible and inclusive playground. The Acting City
Manager has the authority to make corrections of scrivener's errors and
the like.
Mayor Herzberg opened and closed the public comments as there were none.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
E. Request for approval of the Renewal of Interlocal Agreement for
Distribution of Proceeds of Local Option Fuel Tax. The agreement
allocates the 6-cent and 5-cent Local Option Fuel Tax imposed by Volusia
County, to the County and participating municipalities annually based on
ratio of lane miles of public roads. - John A. Peters, III, PE, Acting City
Manager (386) 878-8858.
Strategic Goal: Fiscal Issues
Acting City Manager Peters gave a brief explanation of the item.
The Commission and Acting City Manager Peters discussed projected revenues.
Motion by Commissioner Ramos, seconded by Commissioner King, to
approve and sign the renewal to include automatic adjustments
annually based on ratio of lane miles of public roads to the Interlocal
Agreement for Distribution of Proceeds of Local Option Fuel Tax
September 1, 2021 - August 31, 2034. The Acting City Manager has the
authority to make corrections of scrivener's errors and the like.
Mayor Herzberg opened and closed the public comments as there were none.
The motion carried by the following vote:
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For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
F. Request for approval to enter into an agreement with Duncan Associates to
provide services related to a Comprehensive Impact Fee Study for
Transportation, Parks, Law Enforcement and Fire/Rescue at a total cost of
$48,900 - Ron A. Paradise Director of Planning and Development Services
(386) 878-8610.
Strategic Goal: Fiscal Issues - Capital Improvement Program
Planning & Development Services Director gave a brief explanation of the item.
The Commission and staff discussed a completion date, the moratorium, updates,
increases, development, HB 337, caps on impact fees, growth and development,
limitations, legislation, being thorough, and county road impact fees.
Mayor Herzberg opened the public comments.
Elbert Bryan, Deltona, spoke about the HB (House Bill) being vetoed, 3% per five years,
just starting, waste of money, being in favor, development, public safety, roads, one time
fee, age of homes, failing systems, property taxes, and tax base.
Mayor Herzberg closed the public comments.
Motion by Commissioner Sosa, seconded by Commissioner
Avila-Vazquez, to approve entering into an agreement with Duncan
Associates to provide a Comprehensive Impact Fee Study for
Transportation, Parks, Law Enforcement and Fire/Rescue at a total cost
of $48,900.00. The Acting 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 Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
G. Request for approval of Work Order No. 8 for the Inspections and Cleaning
of the Ground Storage Tanks from CROM Coatings and Restorations, a
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Division of CROM, LLC., for Contracted As Needed Repairs and
Modifications to the Ground Storage Tanks per RFP# PW 18-09. - Steven
Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goal: Public Safety and Infrastructure
Acting City Manager Peters gave a brief explanation of the item.
Mayor Herzberg opened the public comments.
Brandy White, Deltona, spoke about the process and number of bids.
Mayor Herzberg closed the public comments.
The Commission and Acting City Manager Peters discussed negotiation vs. bid, affect on
the residents, and water flow.
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor
Bradford, to approve Staff to proceed with Work Order No. 8, authorizing
expenditures for As Needed Repairs and Modifications to the Ground
Storage Tanks to City properties as presented. The Acting 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 Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
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. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. 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.
Sean King, NAACP President, 815 Tangelo Avenue, Orange City, spoke about an email,
complaints and addressing them, appointment of Acting City Manager, receiving records,
wanting replies from the Commission, NAACP's responsibility, allegations, the response to
the HR (Human Resources) Director, moving forward and getting a response.
Richard Bellach, Deltona, spoke about Representative Webster Barnaby, investigating
development, development affecting residents, a prior Commission vote, Mayor being
sarcastic, former Public Works Director Matt Doan, State Attorney's Office, Osteen
residents, and thanked the Acting City Manager.
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10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
Please be courteous and respectful of the views of others. Personal attacks on
Commission members, City staff or members of the public are not allowed, and will
be ruled out of order by the Mayor.
Elbert Bryan, Deltona, asked the Commission to pull Item 11-A and explain the item.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent
Agenda and considered separately. All other matters included under the Consent
Agenda will be approved by one motion. Citizens with concerns should address
those concerns by filling out a public participation slip and giving it to the Deputy
City Clerk prior to Consent Agenda items being pulled.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
approve Consent Agenda Items 11-B, 11-C, 11-D, 11-E, 11-F and 11-G.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
A. Request for approval of the City of Deltona Community Development Block
Grant (CDBG) Program Year 2020-2021 Reallocation of Funding - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Fiscal Issues - administer grants.
Planning & Development Services Director Ron Paradise gave a brief explanation of the
item.
The Commission and staff discussed allocating funds to parks, social services, CARES
(Coronavirus Aid, Relief, and Economic Security) Act funding, originally earmarked for
Public Works, not holding onto the money, readiness of projects, taking advantage of
funding, home repairs, more funds in the community, communication, qualifications, other
funding sources, SHIP (State Housing Initiatives Partnership) funding and fixing the parks.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Ramos, to approve, the reallocation of CDBG 2021 funding to the Manny
Rodriguez restroom replacement project for $150,000, the Thornby PIP
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surface replacement project (TBD) and the Firefighters ADA restrooms,
ADA accessible sidewalk and the replacement of the basketball court
for $228,000 and direct the Acting City Manager to transmit these
reallocations for Program Year 2020-2021 to the U.S. Department of
Housing and Urban Development. The Acting City Manager has the
authority to make corrections of scrivener’s errors and the like.
The Commission and staff discussed funding, designation of funding, social services and
that allocation, transferring of funds, reasons for the transfers, funding for roads and why
funds were taken from Providence Blvd. and Normandy Blvd.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
B. Request for approval of Resolution No. 2021-21 Adopting the Elkcam
Boulevard Paved Shoulders from Sylvia Drive to Fort Smith Boulevard LAP
Supplemental Agreement - Steven Danskine, Public Works, 386-878-8998.
Strategic Goal: 5 - Public Safety
Approved by Consent - to approve Resolution No. 2021-21 adopting the
Supplemental LAP Agreement for the Elkcam Boulevard Paved
Shoulders from Sylvia Drive to Fort Smith Boulevard. The Acting City
Manager has the authority to make corrections of scrivener’s errors and
the like.
C. Request for approval of payment for Tyler Technology invoices for
services related to our ERP software at a cost of $33,873.06 - Robert
Cordero, Director of Information Technology Services (386) 878-8807.
Strategic Goal: Internal and External Communication
Approved by Consent - to approve the payment of invoices from Tyler
Technologies for annual disaster recovery and online services related
to our ERP software in the amount of $33,873.06. The Acting City
Manager has the authority to make corrections of scrivener’s errors and
the like.
D. Request for approval of agreement with Cathedral, LLC to provide Printing
and Mailing Services for Utility Billing as outlined in the contract. - Steven
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Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Fiscal Issues
Approved by Consent - to award the Contract with Cathedral, LLC to
provide Printing and Mailing Services as outlined in the contract. The
Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
E. Request for approval of an agreement with Avcon, Inc. for the redesign of
the Providence Blvd. Shared Use Path Western Alignment between
Alexander Ave. and Doyle Rd., in accordance with their Agreement with
the City of Deltona and RFQ# 18026 for the design and permitting of the
LAP funded Providence Shared Use Path. - Steven Danskine, Public
Works, 386-878-8998.
Strategic Goal: 5 - Public Safety
Approved by Consent - to approve an agreement with Avcon, Inc. for
the redesign of the Providence Blvd. Shared Use Path Western
Alignment between Alexander Ave. and Doyle Rd., in the amount of
$177,497.08. The Acting City Manager has the authority to make
corrections of scrivener’s errors and the like.
F. Request for approval of the Task Authorization with Rocha Controls for the
installation of Variable Frequency Drives and associated hardware at Lift
Station 21, in accordance with their Agreement with the City of Deltona and
RFQ# PW 18-04 for Supervisory Control and Data Acquisition (SCADA)
System Upgrades and Maintenance. - Steven Danskine, Public
Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure
Approved by Consent - to approve the Task Authorization with Rocha
Controls for the installation of Variable Frequency Drives, in the amount
of $33,090.00. The Acting City Manager has the authority to make
corrections of scrivener’s errors and the like.
G. Request for approval of the Task Authorization with BESH-Halff, Inc. for the
Construction Engineering and Inspection Services for the Group 1 Water
Main Replacements project, in accordance with their Agreement with the
City of Deltona and RFQ# PW 2020-09 for On-Call Water and Wastewater
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Utility Line Engineering Services - Steven Danskine, Public Works/Deltona
Water (386) 878-8998.
Strategic Goal: Infrastructure
Approved by Consent - to approve the Task Authorization with
BESH-HALFF, Inc.to provide Construction Engineering and Inspection
Services for the Group 1 Water Main Replacements project, in the
amount of $72,000. The Acting City Manager has the authority to make
corrections of scrivener’s errors and the like.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner Avila-Vazquez requested an update on the lighting project for Deltona Blvd.
and why it was not on the agenda. Acting City Manager Peters stated there was not enough
time to put it on the agenda, but it will be on the May 17th agenda.
Commissioner McCool reported that she has been working with Economic Development
Manager Jerry Mayes on an anti littering campaign to clean up the City. She called on the
Mayor and Commissioners to support her efforts and this is something that the community
can also get behind.
Commissioner McCool thanked the Volusia Sheriff's Office (VSO) for stepping up and
monitoring the roads. She requested that the VSO keep the heat on speeders throughout
the City.
13. CITY ATTORNEY COMMENTS:
None.
14. CITY MANAGER COMMENTS:
Acting City Manager Peters stated tomorrow night is the last of the Code Enforcement
workshops to be held at The Center hosted by the Mayor and as a special guest Volusia
Sheriff Mike Chitwood. He encouraged everyone to come out, there has not been a huge
turn out, but staff has received some very good information. The workshops are airing on
DeltonaTV and there is a video on the frequently asked questions during those workshops.
He encouraged everyone to watch, especially the video on the frequently asked questions.
Acting City Manager Peters stated Saturday there will be a Strategic Planning meeting at
City Hall in the Commission Chambers and he encouraged everyone who is interested in
the future of the City to come and participate. It is being setup to be a lively discussion and
again he encouraged anyone who cares about the City to come and participate.
15. CITY COMMISSION COMMENTS:
Commissioner Ramos stated going back to the Code Enforcement workshop, he thinks the one
that took place in his district at Wes Crile Park was very positive. It is interesting the Chapel Drive
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community on their webpage tries to have FAQs (Frequently Asked Questions). A lot of the
questions that are being asked and responded to were given to Mr. Paradise and staff is working
on that. It was important because a lot of the times people see a lot of stuff in social media when
the person should be calling the City or going to the City's website that has those FAQs and
responses.
Commissioner Ramos stated one last thing, he hesitated as he sat here and he does not speak
for everyone, but he thinks he definitely needs to get it off my chest. He thinks today as the
meeting started the Commission moved on something that has been very emotional. There is a
lot of folks up the dais and he thinks the Commission did it the way it was supposed to be done.
He referred to the last Commission meeting, he thinks just last month the Commission had a
workshop on a decorum policy. It is unfortunate and sad that the Commissioners are supposed
to be the examples and people are going to feed on how Commissioners behave. It is sad that
Commissioners get attacked on this dais by their own colleagues. Again he cannot speak for
anyone else, if people want to get someone to run against him by all means, but to use the dais
to behave the way that some of the Commissioners behaved and then say "I'm sorry". It is like he
used to tell his students in high school, once a person takes that toothpaste out, it is out. It was in
the paper again and he thinks it is a little bit disrespectful of some of the Commissioners. It is
okay to disagree, but let's agree to be respectful to each other. He might not agree with
Commissioner McCool, but he does not think he should have the behavior that some of the
Commissioners had on this dais against them. At the end of the day the City is going to need
every single one of the Commissioners to be able to continue to move the City where it needs to
be. He thinks the Commission went through the protocol and the process that as Mayor and
Commissioners we should be doing by working with the Acting City Manager. So for him, he just
feels that it is easy to come up and behave like whatever, then say "I'm sorry" and then the
Commissioners do not even talk to each other. He thinks it is time for Commissioners to really
start reflecting on who they really are and what they represent in the City.
Commissioner Avila-Vasquez stated she wanted to once again send out her deepest
condolences to Former Commissioner McFall and his family. She attended her service
which was beautiful and again, our deepest condolences go out to them.
Commissioner Sosa thanked everybody that came out Saturday morning to the District 6
Town Hall with Code Enforcement. He thought there was a lot of good feedback from the
residents and he looks forward to holding more town halls and getting more residents to
these town halls.
Vice Mayor Bradford stated she wanted to make sure that the City Attorney is going to be
reaching out to NAACP with the City's findings and City Attorney Fowler replied he has Mr.
King's business card and he will be in touch with him this week.
Mayor Herzberg stated she would like to ask for some advice regarding the Commission
approved administrative policy and procedure on the establishment of a computer and
network usage and security policy and social media policy. All the Commissioners signed
the policy and she received copies. This past weekend somebody, not inside the City and
not an elected official, tagged her in a post on social media. It was somebody that she
knows and so she looked at the post which concerned a dog and some allegations about
where the dog lived, its status and so forth. She was not the only one that was tagged on
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that post and as time went on the post started rolling and more and more things were
posted. It was late at night on a Saturday and the woman that posted about this dog sent the
address of where this dog was living. As time went on a member of the community who had
also been tagged drove by to look where the dog was, not staff. As time went on more
people commented, it got meaner or nastier, and she never commented on the threat, but
she emailed the Acting City Manager with the information. Then apparently somebody that
was related to the dog went after the person that was doing the posting and all the posts
were removed. In this particular thread which is not unique, several people were tagged and
people got beat up. There were negative comments made, but she does not comment on
those things because as the post went on and somebody told her that another member of
this Commission commented on the post, but she could not find it. By this point there was
another dog being referenced and it went off the rails on other stuff. The Commissioners on
this dais had ethics training and one of the discussions was on social media policies and
how it affects the Sunshine Law. What she thought about doing is putting up a blanket
statement on her social media that says "you can tag me whatever you want to do on that
but I'm not commenting on threads". She wants to say this publicly because of the risk of
Sunshine Law violations. She will guarantee that whole thread was screen shot by
somebody or by multiple people before the administrator pulled it off the page. It is
unfortunate that Commissioners may get beat up for something that they said or did, but
Commissioners should not be commenting on things posts because of the Sunshine Laws.
She asked if it is appropriate for her to put a statement on her social media saying "thank
you very much for tagging me on these things and I will read them, but I'm not going to
comment on this type of a thread due to the fact of Sunshine". She feels that the public
needs an explanation as to why Commissioners do not comment on these things when they
get tagged on posts. City Attorney Fowler replied she can certainly put on there that she
does not comment, but he would not give the reasons for not doing it because the Sunshine
Law requirements addresses those items that might come before the Commission that they
would vote on where as some of the topics might be a little ribald perhaps, but not things
that would necessarily come before the Commission. Certainly, to engage in that type of
discourse there is only losers. Mayor Herzberg stated the post could come back to the
City's tethering ordinance or another ordinance that the Commission would then be voting
on. She appreciates people letting her know what is going on, but she will not comment on
those posts or threads for this simple reason and she will figure out a way to maybe get that
out there.
Acting City Manager Peters stated he was in the ethics class with most of the
Commissioners last week. The first item the Mayor addressed is the Sunshine Law which
applies to those items that have a likelihood of ever coming before the Commission. In the
instance of the dog situation if the Commission were to be dealing with animal welfare or
animal control there is a likelihood it would come before the Commission. The second
element that the Mayor did not address is that the Commissioners learned last week is
records. If the Commissioners are commenting on social media they have an obligation to
maintain those records for public records purposes. So, any discussion with regards to
animal welfare, the Commissioners better be able to produce that discussion and as the
Mayor stated if there are pages, after pages, how does anyone know which part of the post
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City Commission Minutes May 3, 2021
or comments the Commissioner is responding to so the Commissioner would have to keep
it all. Another issue is people have the ability to remove statements so the Commissioner
would have to get the record when the Commissioner makes the comment so that it is
accurate. What happens after the Commissioners comment is immaterial and it is best not
to have two or more Commissioners respond in any way, shape or form and that includes a
thumbs up, a thumbs down or a smiley face or whatever. The second part which is the
records and that it probably the most problematic to maintain those.
Commissioner Avila-Vasquez stated at the ethics training the Commissioners were told
specifically to stay out and not comment. She has her own personal Facebook, but it is for
her family and friends to discuss family things. When there is a question about City matters
she directs the person to her City phone or City email because she wants the comment to
be a public record. For her personally, she does not think a Commissioner should even
state they will not make any comments because then the Commissioner is already on the
string of the conversation.
Mayor Herzberg thanked the City Clerk and staff, it is a hard job and she thanked them very
much for everything that they do. She commended the Acting City Manager on the agenda
which had a lot of things on it that the Commission has not seen in a long time like contracts
and consent items and she really appreciates it being brought forward. She thanked
everyone for being here.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 8:50 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
City of Deltona Page 15 Printed on 9/10/2021
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, May 3, 2021 6:30 PM Deltona Commission Chambers
REVISED 04/29/2021
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 12:00 p.m. on May 03, 2021 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>
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City Commission Regular Commission Meeting May 3, 2021
o Under the Commission Meetings tab
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 Commissioner Sosa.
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 30,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 30, 2020 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for April 2021
Background: Super Star Student of the Month awards for April 2021 will be
presented to:
1. Deltona Lakes Elementary - Gwenyth Davies, 5th Grade
2. Discovery Elementary - Maya Paulina, 2nd Grade
3. Enterprise Elementary - Edy Money, 3rd Grade
4. Friendship Elementary - Amiya Richmond, 5th Grade
5. Osteen Elementary - Gavin O’Brien, 5th Grade
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City Commission Regular Commission Meeting May 3, 2021
6. Pride Elementary - Luis Toro, 5th Grade
7. Spirit Elementary - Jacob Miller, 2nd Grade
8. Sunrise Elementary - Annalyse Bayardelle, 2nd Grade
9. Timbercrest Elementary - Allison Moore, 5th Grade
10. Deltona Middle - Elizabeth MacDonald, 7th Grade
11. Galaxy Middle - Alexandra Delgado, 7th Grade
12. Heritage Middle - Alina Riegal, 6th Grade
13. Deltona High - AwaTouray, 9th Grade
14. Pine Ridge High - Deidre Jones, 11th Grade
B. Proclamation - Lupus Awareness Month.
Background: Proclaiming the month of May 2021 as Lupus Awareness Month, by
joining with the Florida Chapter of the Lupus Foundation of America in
supporting programs of research, education, and community service.
C. Proclamation - National Clerk’s Week
Background: A proclamation to recognize the week of May 2 - May 8, 2021 as
Municipal Clerk’s Week to extend our appreciation to our Municipal
Clerk, Deputy City Clerk and staff for the vital services that they perform
and their exemplary dedication to the City of Deltona.
D. Proclamation National Bike Month - May 2021
Background: National Bike Month is a celebration of cycling held every May in the
United States. It is sponsored by the League of American Bicyclists
and celebrated in communities from coast-to-coast. Established in
1956, National Bike Month is a chance to showcase the many benefits
of bicycling and to encourage more folks to giving bicycling a try.
E. Update by the West Volusia Regional Chamber of Commerce
Background: Update on the West Volusia Regional Chamber of Commerce by
Sherry DeCrenza, Executive Director: the history of the Chamber- how
it was started as the Deltona Chamber and evolved into the West
Volusia Regional Chamber, the value of being a part of the Chamber
and how the Chamber helps businesses, upcoming events to include
the First Responders Valor Awards at The Center at Deltona on May
26th and Deltona TV’s live broadcast of this event.
6. ORDINANCES AND PUBLIC HEARINGS:
7. OLD BUSINESS:
A. ADD-ON ITEM: Request for approval for a salary increase for the Acting City
Manager based on his satisfactory evaluations - John A. Peters, III, P.E., Acting
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City Commission Regular Commission Meeting May 3, 2021
City Manager, (386) 878-8858.
Strategic Goal: Internal and External Communication
Background: The City Commission has discussed in recent meetings the need for
Charter Officer evaluations and that the results be presented at a public
meeting. The Acting City Manager’s evaluations were presented and
discussed at the Regular Commission Meeting held on April 19, 2021.
Per the vote on Item 8-D of the Regular Commission Meeting held on
November 30, 2020 the $2,500 increase in salary was to be “ based on
satisfactory evaluations of and vote of the Commission”. No vote was
taken on this item at the Regular Commission Meeting held on April 19,
2021 which is why this item is coming before the Commission.
OPTIONS:
1. Authorize the $2,500 increase in salary based on the submitted
evaluations by a vote of the Commission.
2. Do not authorize the $2,500 increase in salary based on the
submitted evaluations by a vote of the Commission.
Attachments: November 30, 2020 RCM Minutes
8. NEW BUSINESS:
A. REVISED: Discussion regarding Resolution No. 2021-22, imposing a
Moratorium on all residential planned unit development applications from July 1,
2021 through December 31, 2021. - John Peters, III, PE, Acting City Manager
(386) 878-8850.
Strategic Goal: Land Use
Background: The City of Deltona has experienced numerous applications for
Residential Planned Unit Development (RPUD) applications for
rezoning. It has become readily apparent that the current land use
designation of Low Density Residential which allows for single family
residential densities ranging from zero to six units per acre is overly
broad resulting in difficulties for developers, staff and the City
Commission to apply throughout the City. It has been suggested that
the City of Deltona develop three new residential categories: Rural Low
Density Residential (0 to 1.99 units per acre), Suburban Medium
Density Residential (2 to 3.99 units per acre) and Urban High Density
Residential (4 to 6 units per acre). This process includes the
development of Code, modification of Land Use Designations in the
Comprehensive Plan and Future Land Use Map, and possible State
and regional reviews.
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City Commission Regular Commission Meeting May 3, 2021
Following the findings of the 2012 United States Supreme Court
decision in Tahoe Sierra Preservation Council v. Tahoe Regional
Planning Agency, the City of Deltona can place a pause on future
RPUD applications to provide a reasonable amount of time to develop
and implement the three new zoning classifications. However, the City
needs to provide those with pending applications to move forward.
Thus staff is recommending the implementation of a Moratorium on
RPUD applications that have not been submitted in full compliance with
City Code by 1 July 2021. The Moratorium will be in place through 31
December 2021.
OPTIONS:
1. Implement a RPUD Moratorium from 1 July 2021 through 31
December 2021
a. The moratorium will allow staff and the Commission
ample time to develop and implement three new
residential zoning districts.
2. Do not implement a RPUD Moratorium
a. The City will continue with the current process of RPUD rezoning
request.
Attachments: RPUD Moratorium Resolution 2021-22
USSC 2012 Tahoe Sierra Preservation Council v Tahoe Regional Planning Agen
B. Request for approval to replace 2014 Ford F-150 4x4 Extended Cab
(ES-1517), cost of $33,255.00 for the Enforcement Services. - John A. Peters,
III, PE, Acting City Manager, Building & Enforcement Services (386) 878-8852.
Strategic Goal: Public Safety
Background: The Building and Enforcement Services Department request to replace
the 2014 Ford F-150 (ES1517) at $35,000.00 was approved at FY
2020/2021 Budget (Capital Outlay).
The request for replacement of the vehicle follows the guidelines of
Policy No.: CW-10-003, is due to frequency of use, deterioration, high
maintenance costs and high mileage, currently over 132,000. The City
is following a regular replacement cycle for equipment proactively to
avoid large unplanned equipment expenses.
The quote was requested through the Cooperative Purchasing
Program from the Florida Sheriffs Association that, in partnership with
the Florida Association of Counties, offers tremendous savings for
participating agencies statewide.
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City Commission Regular Commission Meeting May 3, 2021
The quote submitted by Bozard Ford Government Fleet in the amount
of $33,255.00 is below the amount budgeted ($35,000.00).
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the purchase (replacement) of a new Ford F-150 as quoted
to replace 2014 Ford F-150.
2. Table item and put out to bid
3. Deny purchase of item requested.
Attachments: Quote for Code Enforcement Truck
C. Request for approval to replace 2008 Ford Explorer 4x4 AWD (CS0834), at the
cost of $28,496.00 for the Construction Services Division. - John A. Peters, III,
PE, Acting City Manager, Building & Enforcement Services (386) 878-8852.
Strategic Goal: Public Safety
Background: The Construction Services Division request to replace the 2008 Ford
Explorer XL RWD at $29,000.00 was approved at FY 2020/2021
Budget (Capital Inlay).
The request for replacement of the vehicle follows the guidelines of
Policy No.: CW-10-003, is due to frequency of use, deterioration, high
maintenance costs and high mileage. The City is following a regular
replacement cycle for equipment proactively to avoid large unplanned
equipment expenses.
The quote was requested through the Cooperative Purchasing
Program from the Florida Sheriffs Association that, in partnership with
the Florida Association of Counties, offers tremendous savings for
participating agencies statewide.
The quote submitted by Bozard Ford Government Fleet in the amount
of $28,496.00 is below the amount previously budgeted ($29,000.00).
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the purchase (replacement) of a new Ford Explorer XL
RWD as quoted to replace 2008 Ford Explorer (CS0834).
2. Table item and put out to bid.
3. Deny purchase of item requested.
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City Commission Regular Commission Meeting May 3, 2021
Attachments: Quote for Ford Explorer - Construction Services
D. Request for approval to replace 18 year old playground at Dewey Boster with
ADA Accessible and Inclusive Playground - Ryan Reckley, Parks & Recreation
Department (386) 878-8902.
Strategic Goal: Infrastructure
Background: The playground at Dewey Boster is approximately 18 years old, original
to the facility, is out of warranty and has reached the end of its useful
life. The ability to find replacement parts is becoming cost prohibitive
resulting in more difficulty to maintain. This capital project was
approved through the budget process, to replace the current playground
with an ADA accessible and inclusive playground. This is a part of our
efforts to continue modernizing and upgrading the playground spaces
to include ADA accessibility and inclusivity that was started in 2016.
OPTIONS:
1. Replace the outdated, non-ADA compliant playground that is
becoming cost prohibitive to maintain and out of warranty with ADA
accessible and inclusive playground.
2. Delay replacing playground for another year. This option will only
increase the eventual cost to replace this playground as costs for
materials, equipment, shipping, etc. continue to increase at a
significant rate. In addition, the ability to find replacement parts for a
playground of this age is quite.. In order to protect the City from
increased liability exposure, certain parts of the playground may need
to be closed to the public until the entire playground is replaced. The
playground will still not be ADA compliant and inclusive.
3. Leave the playground as is currently constructed until funding for
replacement becomes available in future years. This option still leaves
a playground that is not ADA compliant and to protect the City from
increased liability exposure, certain parts of the playground may need
to be closed to the public until the playground is replaced.
E. Request for approval of the Renewal of Interlocal Agreement for Distribution of
Proceeds of Local Option Fuel Tax. The agreement allocates the 6-cent and
5-cent Local Option Fuel Tax imposed by Volusia County, to the County and
participating municipalities annually based on ratio of lane miles of public roads.
- John A. Peters, III, PE, Acting City Manager (386) 878-8858.
Strategic Goal: Fiscal Issues
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City Commission Regular Commission Meeting May 3, 2021
Background: On April 23, 2021, the County Council presented the modification of the
current inter-local agreement regarding fuel taxes to include automatic
adjustments annually based on ratio of lane miles of public roads. Due
to the change in allocation methodology, this agreements has the lane
mile basis of distribution being phased in over five-years. The City shall
utilize moneys received for fuel tax only for transportation expenditures.
Attached is the renewal of the interlocal agreement. The agreement
shall apply to proceeds of tax levied between September 1, 2021 and
August 31, 2034, with automatic annual adjustment. Each municipality
is to print two copies of their signature page and have them signed by
all designated signees and returned to the County by May 30, 2021.
Once all signature pages have been received, the County will assemble
and return a fully executed agreement to each municipality.
OPTIONS:
1. N/A
2.
3.
Attachments: ILA 2021-2034.FINAL.04.23.2021
2021 Timeline - Interlocal Agreement for the Distribution of Local Option Fuel Ta
5 Yr Revenue Allocation - Scenario 21a Final Ver Lane Mile Update Mar 05 2021
F. Request for approval to enter into an agreement with Duncan Associates to
provide services related to a Comprehensive Impact Fee Study for
Transportation, Parks, Law Enforcement and Fire/Rescue at a total cost of
$48,900 - Ron A. Paradise Director of Planning and Development Services
(386) 878-8610.
Strategic Goal: Fiscal Issues - Capital Improvement Program
Background: The City’s last impact fee update study was initiated in 2015. Based on
the study, updated impact fees were implemented in 2017. Consistent
with Section 94-13 of the City Land Development Code, impact fees
are required to be reviewed every five (5) years by the City. The cost of
infrastructure has increased at a significant rate since the last update to
the impact fees. In addition, the five year window for required review is
rapidly closing. Therefore, the fees and enabling ordinance are in need
of an update.
Staff requested proposals from firms for an impact fee update. Three
responses were received for RFP#21-005 for a Comprehensive Impact
Fee Study for Transportation, Parks, Law Enforcement and
Fire/Rescue. Selection Committee Members were Phyllis Wallace,
Dinelia Santana and Joseph Ruiz. The members independently scored
each of the proposals based on the criteria listed in the RFP (request
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City Commission Regular Commission Meeting May 3, 2021
for proposal). The highest scoring firm is Duncan Associates at 268
points. The two other firms both scored 255. Duncan Associates base
rate is $48,900.00. All members came to a consensus that
presentations/interviews were not necessary and to recommend hiring
Duncan and Associates.
For more information see attached the award memorandum and the
agreement between the City and Duncan Associates.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the agreement and move forward with the study: This
approach will give the City time to formulate updates to impact fees and
ensure City fees are more representative of City costs to provide
infrastructure capacity improvements.
2. Defer the study: The problem with this option can be expressed in the
terms of time. The City has limited time to adhere to the five year fee
review process.
3. Deny the agreement. Under this scenario the City would be
challenged with meeting the required update schedule. In addition, the
City impact fee revenue would not be representative of the cost to
provide capacity oriented infrastructure and the City level of service for
law enforcement, fire services, parks and roadways would be
negatively impacted.
Attachments: Award memo and Proposal from Duncan Associates
Agreement-Duncan Associates-Impact Fee Study
G. Request for approval of Work Order No. 8 for the Inspections and Cleaning of
the Ground Storage Tanks from CROM Coatings and Restorations, a Division
of CROM, LLC., for Contracted As Needed Repairs and Modifications to the
Ground Storage Tanks per RFP# PW 18-09. - Steven Danskine, Public
Works/Deltona Water (386) 878-8998.
Strategic Goal: Public Safety and Infrastructure
Background: The City has an existing contract with a CROM Coatings and
Restorations, selected via a competitive purchasing process, As
Needed Repairs and Modifications to the Ground Storage Tanks. The
City would like to engage this company to perform required Inspections
and Cleanings of the Ground Storage tanks for the locations as
indicated below and in the attached Work Order No. 8. in the amount of
$73,600). These services are mandated per Florida Administrative
Code 62-555.350, Operation and Maintenance of Public Water
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City Commission Regular Commission Meeting May 3, 2021
Systems.
Scheduled service locations and related fees are:
Locations:
Lombardy Water Treatment Plants, Wells 5 & 6
Courtland Water Treatment Plant 8
Courtland Water Treatment Plant 11
Normandy Boulevard Water Treatment Plant 17
Saxon Water Treatment Plant 7
Sagamore Drive Water Treatment Plant 12
Wellington Drive Water Treatment Plant 17
Magdalena Avenue Water Treatment Plant 116
Mobilization $ 1,500
10 Tanks Dive Inspections & Cleanings with Comprehensive Reports
$72,100
TOTAL $73,600
The services to be performed are consistent with purposes listed in the
fiscal year 2020-2021 budget for the identified funding sources.
Commission approval is requested due to the total amount of proposed
services in excess of $25,000.
OPTIONS:
1. Approve: Ensure compliance with State Statutes.
2. Deny: Fall out of compliance with State Statutes and endanger the
public.
Attachments: WO 8 - 10 Inspections and Cleanings
Crom Coatings & Restorations, LLC PW 18-09
Signed 2020-2021 Renewal-CROM, RFP# PW 18-09
2019-2020 Signed Renewal- CROM-RFP# PW 18-09
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. Members of the
City Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
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)
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10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification. Please
be courteous and respectful of the views of others. Personal attacks on Commission
members, City staff or members of the public are not allowed, and will be ruled out of
order by the Mayor.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent Agenda
and considered separately. All other matters included under the Consent Agenda will
be approved by one motion. Citizens with concerns should address those concerns
by filling out a public participation slip and giving it to the Deputy City Clerk prior to
Consent Agenda items being pulled.
A. Request for approval of the City of Deltona Community Development Block
Grant (CDBG) Program Year 2020-2021 Reallocation of Funding - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Fiscal Issues - administer grants.
Background: The City of Deltona is recognized by the United States Department of
Housing and Urban Development (HUD) as an entitlement community
and is therefore eligible to receive CDBG funding. For funding cycle
2020-2021 the City is eligible for approximately $600,000.
Funds in the CDBG Annual Action Plan had been allocated for several
stormwater improvement projects. Upon review of the stormwater
projects staff has determined the stormwater projects will not be
completed prior to the 2020-2021 FY as required by CDBG. In
addition, to ensure the completion of the Thornby project, $5,000 will be
diverted from housing rehabilitation to upgrading the playground.
Therefore, in order to allocate the money consistent with HUD rules and
regulations, City staff is suggesting the money be reallocated to eligible
park projects.
CDBG through years has financed various park projects within the Area
of Greatest need (AGN) and such expenditures are consistent with
HUD rules. Staff has identified several viable parks projects that have
the potential to be completed prior to the end of the 2020-2021 FY
(October 1, 2021). The proposed projects are:
Manny Rodriguez Park - New Restroom - $150,000.00;
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Options:
1) Fund the replacement of restrooms: The current restrooms at
these facilities are approximately 30 years old. The restrooms
have reached the end of their life cycle and are not ADA
compliant. This project represents new restroom facilities that
are ADA compliant, modern, clean, energy efficient.
2) Delay replacing these 30 year old restrooms that are not ADA
compliant for a year - Cost of materials, equipment, shipping,
etc. continue to increase at a significant rate which will lead to
additional expenditures to replace the restrooms. In addition,
there is no guarantee that funding will be available. This option
still leaves the park with antiquated restrooms that are not ADA
compliant.
3) Complete some in house repairs to 30 year old restrooms -
Restrooms will still not be ADA compliant. The repairs will not
enhance or improve the overall structure and appearance of the
restrooms and the cost to replace these restrooms, provided
funding is available, in future years will likely increase as the cost
of materials, equipment, shipping, etc. continue to increase at a
significant rate.
Thornby Park Playground - $134,000 (Price includes an anticipated
shipping increase) - Accessible Playground Surface:
Options:
1) Replace the damaged playground surface with new pour in
place material to ensure continued and future accessibility - The
Thornby playground was constructed as an inclusive playground.
Replacement of the surface will ensure continued accessibility
for all residents to experience all aspects of the all-inclusive
playground in a safe manner.
2) Delay replacing the PIP and damaged playground equipment for
one year - Selecting this option will only lead to decreased
accessibility and increased costs as materials, and shipping
continue to rise at a significant rate. In addition, the existing
substandard surface may result in increased liability exposure
for the City.
3) Provide some in-house patching of the playground surface and
seek replacement parts for the equipment - Selecting this option
provides no guarantee that the patching of the surface will hold
for any significant amount of time. Also, to prevent the City from
facing increased liability exposure, certain areas of the surface
and equipment will not be accessible for use until the surface
and equipment is replaced.
Firefighters Park - Restroom Replacement - $150,000
Options:
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1.) The restrooms at this facility are approximately 30 years old -
The restrooms have reached the end of their life cycle and are
not ADA compliant. This project will provide the park with
restrooms that are ADA compliant, modern, clean, energy
efficient which will be utilized by all residents
2.) Delay in replacing these 30 year old restrooms that are not ADA
complaint for a year - Cost of materials, equipment, shipping,
etc. continue to increase at a significant rate which will lead to
additional expenditures to replace the restrooms. In addition,
there is no guarantee that funding will be available. This option
still leaves the park with antiquated restrooms that are not ADA
compliant.
3.) Complete some in house repairs to 30 year old restrooms -
Restrooms will still not be ADA compliant. The repairs will not
enhance or improve the overall structure and appearance of the
restrooms and the cost to replace these restrooms, provided
funding is available, in future years will likely increase as the cost
of materials, equipment, shipping, etc. continue to increase at a
significant rate.
Firefighter’s Park - ADA Accessible Sidewalk - $30,000.00
Options:
1) Build the sidewalk - Resident accessibility will be enhanced by
providing ADA sidewalk connectivity to all areas of the park
(parking lot, restrooms, basketball court, ADA playground,
pavilion, picnic benches, etc.).
2) Complete a phased approach to adding ADA sidewalk network
- This option will limit resident’s ability to access all areas of
park as the park currently does not have ADA connectivity
throughout the park. The costs of materials, equipment, etc.
continue to increase at a significant rate which will only lead to
additional expenditures in future years to complete ADA
accessibility.
3) Leave the park as it’s currently constructed - Accessibility is a
prime goal of the City. However, this option results in the user
exclusivity as the park does not have ADA connectivity
sidewalks throughout the park.
Firefighter’s Park Basketball Court - $48,000.00:
Options:
1) Replace the court - The current basketball court is approximately
10 years old. The surface has reached the end of its life cycle.
The court beginning to show significant deterioration in certain
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parts of the court and is in-need of replacement. Replacement
would result in a much needed upgrade to a popular, well used
park amenity.
2) Delay replacing the basketball court for another year - This will
lead to additional expenditures as the costs for materials,
equipment, shipping, etc. continue to increase at a significant
rate. In addition, the possibility the court will need to be closed to
protect the City from increased liability exposure will increase
depending on the speed of the deterioration.
3) Staff can provide some in house patching of surface areas -
There is no guarantee that the patching will hold and to protect
the City from increase liability exposure the court may need to
be closed to use until a new court surface is constructed.
The two restrooms projects were mentioned in last year’s Annual Action
Plan. The cost at that time was estimated by Park’s staff to be
approximately 100,000.00. There are other park improvements
needed to include bathroom replacement at Firefighters and Manny
Rodriquez parks. Each bathroom cost about $100,000 to replace.
While the City may be able to partially fund at least one of the bathroom
replacements utilizing CDBG funds in the future, Staff would like to
move forward with this project as it:
· Results in the expenditure of funds that comport with CDBG
timeliness regulations, and
· Provides an opportunity to allocate future years funding to
drainage and public works projects, and
· Ensures that an immediate need is addressed.
Attachments: Thornby Playground Quote
CXT Quote for Bathroom Structure
Firefighter ADA Accessible Sidewalk
Firefighter Park Basketball Court
BT2021-046 Transfer Funds for CDBG Projects
B. Request for approval of Resolution No. 2021-21 Adopting the Elkcam
Boulevard Paved Shoulders from Sylvia Drive to Fort Smith Boulevard LAP
Supplemental Agreement - Steven Danskine, Public Works, 386-878-8998.
Strategic Goal: 5 - Public Safety
Background: The City of Deltona has approved the Florida Department of
Transportation Local Agency Program (LAP) project referenced above.
After the bid award recommendation the Federal and local funds were
changed to meet the River to Sea TPO’s 33% match requirements for
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City Commission Regular Commission Meeting May 3, 2021
the project. The FDOT has requested the City of Deltona approve a
resolution accepting the updated funding amounts.
OPTIONS:
1. Approve: Engage with FDOT and TPO, receive funding and
proceed with construction.
2. Deny: TPO funds become unavailable and project does not
proceed to construction.
Attachments: 445010-1-58(68)-01 (G1T18) LAP SA #1 - Elkcam Blvd
2021 Elkcam Blvd. Paved Shoulders Seg. 1 SA Resolution 4.22.2021
C. Request for approval of payment for Tyler Technology invoices for services
related to our ERP software at a cost of $33,873.06 - Robert Cordero, Director
of Information Technology Services (386) 878-8807.
Strategic Goal: Internal and External Communication
Background: Tyler Technology is the vendor that provides our ERP software. With
the software is an annual disaster recovery contract and an annual
contract for the continued online services for utility billing. Online
services provide the payment portal that residents use to pay their utility
bill. The amount of the invoice is $33,873.06 and it covers both
contracts for a period of 1 year from June 1st, 2021 through May 31st,
2022. The IT Department has budgeted for the software in the City
annual 2020/21 budget and sufficient funds exist to pay the invoice.
Staff is requesting Commission approval to pay the invoices for both
disaster recovery and online services that support our ERP software.
OPTIONS:
1. Approve the payment of the invoices and continue the disaster
recovery annual services and online services with Tyler Technologies
for a period of (1) year. The City Commission will have the option to
task City staff with researching new options for disaster recovery and/or
online payment services with our ERP. Staff recommends approval to
pay the disaster recovery and online services annual contract.
2. Not approve the invoices partially or entirely, and no longer provide a
disaster recovery service for our ERP software and/or online payment
services. The result would be placing the City at risk of an extended
period of downtime while we recover our ERP software in a severe
outage. Each department would need to develop policies and
procedures to conduct City business without an ERP software. Without
the online services, citizens would be impacted with less payment
channels. Deltona Water payment options would be limited to check,
phone, or in-person. The City Commission will have the option to task
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City Commission Regular Commission Meeting May 3, 2021
City staff with researching a new option for disaster recovery and/or
online services.
D. Request for approval of agreement with Cathedral, LLC to provide Printing and
Mailing Services for Utility Billing as outlined in the contract. - Steven Danskine,
Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Fiscal Issues
Background: As part of the review of potential cost savings initiatives presented to
the Commission, the privatization of the utility bill printing process was
identified as one of several options. On April 6, 2020 the City
Commission approved award to piggyback the City of Winter Garden’s
agreement for Mail and Fulfillment services to provide these services.
The City of Winter Garden did not renew their contract with Cathedral
for these services.
Staff has investigated our options inclusive of a Request for Proposals
(RFP). As part of our review, we found that the City of Casselberry has
recently entered into a new contract with Cathedral, LLC., to provide
Printing and Mailing services inclusive of utility billing. The City of
Casselberry contract allows for “piggy backing” by other municipalities.
We found the pricing in the City of Casselberry contract to be highly
competitive with other options. An addendum has also been negotiated
to reflect our unique printing needs.
Attached to this Agenda memorandum is the Agreement with
Cathedral, LLC, the City of Casselberry Agreement, and the negotiated
Addendum to the Casselberry Agreement.
Staff is recommending that the City Commission award the agreement
with Cathedral, LLC as presented. City Commission further authorizes
the Acting City Manager to sign the attached documents and correct
any scrivener’s errors.
OPTIONS:
1. Approve: Continue printing and mailing customer bills through
Cathedral, LLC.
2. Deny: Customer bills do not go out until alternate methods of billing
are arranged.
Attachments: Draft Agreement Cathedral Corp-Printing & Mailing Services
Exhibit A-City of Casselberry Agreement
Exhibit B-Addendum City of Deltona Client Services Agreement
E. Request for approval of an agreement with Avcon, Inc. for the redesign of the
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City Commission Regular Commission Meeting May 3, 2021
Providence Blvd. Shared Use Path Western Alignment between Alexander Ave.
and Doyle Rd., in accordance with their Agreement with the City of Deltona and
RFQ# 18026 for the design and permitting of the LAP funded Providence
Shared Use Path. - Steven Danskine, Public Works, 386-878-8998.
Strategic Goal: 5 - Public Safety
Background: As part of the City’s Florida Department of Transportation Local
Agency Participation (LAP), and Transportation Planning Organization
(TPO) programs, a shared use path was designed along the eastern
right of way of Providence Blvd. south of Alexander Ave, as
recommended in the preliminary design study. Between the 60% and
90% design milestones it was discovered that certain isolated portions
of the 12-foot wide shared path could not be constructed and be in
conformance with Americans with Disabilities Act (ADA) and Volusia
County design requirements.
Following this discovery, various options were evaluated and it was
determined that relocating the proposed share use path to the west
side of the Right of Way would allow for the construction of the shared
use path while conforming with ADA and safety requirements. This
redesign includes obtaining additional survey not previously obtained,
and reallocates unused funds from the aborted east side alignment.
A budget transfer of $50,000 is required from the recently finished
Deltona Lakes/Spirit Elementary Sidewalks LAP project which was
completed under budget.
OPTIONS:
1. Approve: Proceed with design and construction of this LAP project.
2. Deny: Abandon the project and the aforementioned LAP
agreement project.
Attachments: Task Authorization Signed 2018-11-06 A
TS - Providence Trail S
Avcon, Inc. Agreement RFQ#18026
Revised Providence Path- Supplemental No. 1 Scope and Fee 4-16-21
F. Request for approval of the Task Authorization with Rocha Controls for the
installation of Variable Frequency Drives and associated hardware at Lift
Station 21, in accordance with their Agreement with the City of Deltona and
RFQ# PW 18-04 for Supervisory Control and Data Acquisition (SCADA) System
Upgrades and Maintenance. - Steven Danskine, Public Works/Deltona Water
(386) 878-8998.
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City Commission Regular Commission Meeting May 3, 2021
Strategic Goal: Infrastructure
Background: This project is required to meet the City’s obligations concerning the
Consent Order that was issued on 4/8/21. As part of the Consent Order
we are required to complete a Pollution Prevention (P-2) Project in lieu
of paying a fine of $9,013.20. This will consist of installing Variable
Frequency Drives at Lift Station 21. The utilization of Variable
Frequency Drives (VFD’s) will allow the City to reduce energy
consumption, thus reducing the carbon footprint of this lift Station. The
energy reduction will be achieved by reducing the number of starts and
stops by using the adjustments in pump speed to maintain optimal
efficiency in the Lift Station.
OPTIONS:
1. Approve: Install VFD’s at LS-21, save electricity and comply with
the FDEP Consent Order.
2. Deny: Fail to comply with the FDEP Consent Order and potentially
incur additional fines.
Attachments: LFCO_20-1509_Deltona Lakes
LFCO_cover 04-08-2021
G. Request for approval of the Task Authorization with BESH-Halff, Inc. for the
Construction Engineering and Inspection Services for the Group 1 Water Main
Replacements project, in accordance with their Agreement with the City of
Deltona and RFQ# PW 2020-09 for On-Call Water and Wastewater Utility Line
Engineering Services - Steven Danskine, Public Works/Deltona Water (386)
878-8998.
Strategic Goal: Infrastructure
Background: During the construction of the current year’s watermain replacement
project, staff requested BESH-Halff to submit a proposal to perform
Construction Engineering and Inspection services on our behalf. BESH
staff will assist the City to ensure that the construction project is
performed in conformance with the Construction drawings prepared by
Mead & Hunt, Inc. as well as the Department of Health permits.
Additionally, BESH staff will oversee testing, pay requests, any change
orders, requests for additional information, and facilitate progress
meetings with the Contractor.
It is the preference of the Public Works staff to have a different
engineering firm oversee the construction phase work to avoid any
appearances of a conflict on the part of the lead design firm.
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City Commission Regular Commission Meeting May 3, 2021
OPTIONS:
1. Approve: Proceed with construction.
2. Deny: Seek CEI services for this project from one of the other
On-Call Engineering firms.
Attachments: Fully Executed Agreement-BESH HALFF, RFQ# PW 2020-09-
TA-Signed-Grp 1 Utility Line
Fee Estimate Worksheet
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
16. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
a record of the proceedings, and for such purpose he/she may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of
the meeting date and time at (386) 878-8500.
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