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City Commission

Regular Meeting

Deltona, FL · May 3, 2021

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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. City of Deltona Page 1 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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. City of Deltona Page 2 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 3 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 4 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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. City of Deltona Page 5 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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: City of Deltona Page 6 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 7 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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. City of Deltona Page 8 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 9 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 10 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 11 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 12 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 13 Printed on 9/10/2021 City Commission Minutes May 3, 2021 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 City of Deltona Page 14 Printed on 9/10/2021 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> City of Deltona Page 1 Printed on 4/29/2021 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 City of Deltona Page 2 Printed on 4/29/2021 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 City of Deltona Page 3 Printed on 4/29/2021 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. City of Deltona Page 4 Printed on 4/29/2021 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. City of Deltona Page 5 Printed on 4/29/2021 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. City of Deltona Page 6 Printed on 4/29/2021 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 City of Deltona Page 7 Printed on 4/29/2021 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 City of Deltona Page 8 Printed on 4/29/2021 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 City of Deltona Page 9 Printed on 4/29/2021 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) City of Deltona Page 10 Printed on 4/29/2021 City Commission Regular Commission Meeting May 3, 2021 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; City of Deltona Page 11 Printed on 4/29/2021 City Commission Regular Commission Meeting May 3, 2021 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: City of Deltona Page 12 Printed on 4/29/2021 City Commission Regular Commission Meeting May 3, 2021 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 City of Deltona Page 13 Printed on 4/29/2021 City Commission Regular Commission Meeting May 3, 2021 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 City of Deltona Page 14 Printed on 4/29/2021 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 City of Deltona Page 15 Printed on 4/29/2021 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 City of Deltona Page 16 Printed on 4/29/2021 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. City of Deltona Page 17 Printed on 4/29/2021 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. City of Deltona Page 18 Printed on 4/29/2021 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. City of Deltona Page 19 Printed on 4/29/2021

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