City Commission
Regular MeetingDeltona, FL · May 17, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, May 17, 2021 6:30 PM Deltona Commission Chambers
A. In an effort to reduce the possibility of exposure of residents to the
COVID-19 (Coronavirus) we have limited public seating inside the
Commission Chambers and are practicing social distancing with the City
Commission, staff and residents.
1. CALL TO ORDER:
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 Mayor Herzberg.
Mayor Herzberg 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 David Castro an 5th Grader at Trinity School.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of January 19,
2021, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to
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approve the minutes of the Regular Commission Meeting of January 19,
2021, 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. Proclamation - Florida’s Emancipation Day-May 20, 2021.
The Mayor and Commission presented a proclamation to Pastor Shine in recognition of the
actualization of the Official 1863 Emancipation Proclamation by proclaiming May 20, 2021
as Florida’s Emancipation Day.
B. Proclamation - Emergency Medical Services Week- May 16-21, 2021.
The Mayor and Commission presented a proclamation to Fire Chief Snyder honoring the
emergency medical services teams are ready to provide lifesaving care to those in need 24
hours a day, seven days a week.
C. Proclamation - National Police Week
The Mayor and Commission presented a proclamation to Captain Moreno with the Volusia
Sheriff’s Office honoring National Police Week which occurs every May to publicly salute
the services of law enforcement in the community and is a time to reflect on the sacrifices
these heroes make every day.
D. FY2019/2020 Annual Audit Presentation: Comprehensive Annual Financial
Report for the Year Ended September 30, 2020 - Mari Leisen, Finance
Department (386) 878-8553.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize
alternative funding sources and promote an effective system of checks
and balances.
Tim Westgate, Auditor Partner, and Laurie Walker, In Charge Auditor, with Purvis Gray,
gave a presented the City’s audited Comprehensive Annual Financial Report for the year
ended September 30, 2020.
6. ORDINANCES AND PUBLIC HEARINGS:
None.
7. OLD BUSINESS:
A. Request for approval of the compensation study and implementation of
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pay adjustments for the rank and file employees. - John A. Peters, III, P.E.,
Acting City Manager (386) 878-8858.
Strategic Goals: Fiscal Issues
Acting City Manager Peters gave a brief explanation of the item.
The Commission and Acting City Manager Peters discussed vacancies, the Fire Union
adjustments, timeline, and lump sum payouts.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Ramos, to authorize the Acting City Manager to implement the salary
adjustments as outlined in the attached spreadsheet retroactive to 1
October 2020, and further authorize the Acting City Manager to correct
any scrivener's errors.
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
8. NEW BUSINESS:
A. Request for approval of the revision of current City of Deltona Incentives
Program - Jerry Mayes, Economic Development & Ecological Tourism
Sustainability Manager (386) 878-8619.
Strategic Goal: Economic Development
Economic Development & Ecological Tourism Sustainability Manager Jerry Mayes gave a
brief explanation of the item.
The Commission, Acting City Manager and Mr. Mayes discussed the amount of incentives,
criteria, impact fees, high density development, incentive caps, staff negotiates and
Commission approves, level of expectation, concept, Amazon, grandfathering, apartments,
multi-residential, other cities' incentives, and non-owner occupied.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
approve and adopt the revised economic development incentive
program known as the Deltona Incentives Program. This motion entails
the replacing all previous City incentive plans. The Acting City Manager
has the authority to make corrections of scrivener's errors and the like.
Mayor Herzberg opened the public comment.
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Elbert Bryant, Deltona, spoke about being outspoken, Amazon, incentives, property taxes,
being impressed, negotiations, Commission approval required and to vote yes.
Mayor Herzberg closed the public comments.
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. Consideration of request from Tanya Russell for a reduction of fine from
$20,000.00 assessed pursuant to Special Magistrate Case DEL-17-134.
Strategic Goal:
Acting City Manager Peters and Code Enforcement Supervisor Richard Lovett gave brief
explanations of the item.
The Commission, Code Enforcement Supervisor, Acting City Manager, City Attorney and
the property owner discussed Special Magistrate and Commission meetings, waiving
fines, reducing the fine, future issues, condition of the property, red tape, improvement
done, Special Magistrate minutes, Special Magistrate contract and outline of events.
Motion by Commissioner Avila-Vazquez, to grant the request of Tanya
Russell depending on the outcome of the Acting City Manager's
research with the Special Magistrate's contract for a reduction of fine
regarding Case No. DEL-17-134 for the property located at 313 Fisher
Drive, Deltona, Florida to the sum of $500.00. The fine is to be paid
within 30 days from today, May 17, 2021 or the fine will revert back to
the original amount. The Acting City Manager has the authority to make
corrections of scrivener's errors and the like. The motion died for lack
of a second.
Motion by Commissioner Sosa, seconded by Vice Mayor Bradford, to
grant the request of Tanya Russell for a reduction of fine regarding
Case No. DEL-17-134 for the property located at 313 Fisher Drive,
Deltona, Florida to the sum of $0.00. The fine is to be paid within 30
days from today, May 17, 2021 or the fine will revert back to the original
amount. The Acting City Manager has the authority to make corrections
of scrivener's errors and the like.
Mayor Herzberg opened the public comments.
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Elbert Bryant, Deltona, spoke about fines, correcting issues, Special Magistrate minutes,
Special Magistrate authority, the record, should have a fine, setting a precedent, why fine is
reduced, and Special Magistrate contract.
Resident 1776, spoke about doing research, law, Special Magistrate vs. board, Special
Magistrates, length of contract, Florida Constitution, due process, recordings, residents'
rights, Florida Statutes, and consequences.
Richard Bellach, Deltona, spoke about lawyer, asking a question, being removed from
chambers, motion made, pay day, and not having words.
Mayor Herzberg closed the public comments.
The Commission and Code Enforcement Supervisor discussed the Special Magistrate
clerk, reduction of fine, correcting violations, and past violations.
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
Mayor Herzberg requested no other waiver of fees are to come before the Commission
until the Special Magistrate situation is explained and a legal opinion is brought forth.
C. Request for approval of Resolution No. 2021-23 and Execution of State
Revolving Loan Agreement for the Alexander Avenue Reclaimed Water
Augmentation Project (also known as Lake Monroe Project Phase 4B). -
Steve Danskine, Public Works, 386-878-8998.
Strategic Goal: Infrastructure.
Acting City Manager Peters gave a brief explanation of the item.
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to approve Resolution No. 2021-23 and authorize the
Acting City Manager to execute the loan agreement and any other
documents required by the Florida Department of Environmental
Protection to complete the loan process for State Revolving Funds. The
Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
vote:
Mayor Herzberg opened and closed the public comments as there were none.
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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
Resolution No. 2021-23 was adopted at 7:58 p.m.
D. Request for approval to purchase time and attendance software, at the cost
of $63,235.00 to be utilized citywide. - John A. Peters, III, PE, Acting City
Manager (386) 878-8852.
Strategic Goal: Fiscal Issues
Acting City Manager Peters gave a brief explanation of the item.
Motion by Vice Mayor Bradford, seconded by Commissioner Sosa, to
approve the purchase time and attendance software at a cost of
$63,235.00 to be utilized citywide. The Acting City Manager has the
authority to make corrections of scrivener's errors and the like. The
motion carried by the following vote:
Mayor Herzberg opened 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 to replace three (3) 2012 John Deere Mowers
(SW-1204, SW-1205, SW-1515), at a total cost of $65,909.28 ($21,319.76 each)
for the Stormwater Division. - Steven Danskine, PE, Public Works
Department (386) 878-8998.
Strategic Goal: Infrastructure maintenance
Acting City Manager Peters gave a brief explanation of the item.
Motion by Commissioner Sosa, seconded by Vice Mayor Bradford, to
grant approval replace three (3) 2012 John Deere Mowers (SW-1204,
SW-1205, SW-1515), at a total cost of $65,909.28 ($21,319.76 each) for the
Stormwater Division. The Acting City Manager has the authority to
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make corrections of scrivener's errors and the like. The motion carried
by the following vote:
Mayor Herzberg opened the public comments.
Brandy White, Deltona, spoke about tabling the item, another item on the agenda, and the
need for mowers.
Mayor Herzberg closed the public comments.
Acting City Manager Peters explained there is in-house mowing done by staff and outside
mowing done by a contracted employee.
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
F. Request for approval of Resolution No. 2021-24, Legislation in Progress:
Moratorium for Residential or Mixed Use Planned Unit Development
(Section 110-319 of the Land Development Code) rezoning request
involving residential detached dwelling unit projects - Ron A. Paradise,
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Acting City Manager Peters stated that given the recent law suit, as was learned on
Saturday at the advice of the City Attorney, it is becoming very difficult for us to have
discussions with regards to this matter, changing the code and the like without potentially
adversely impacting the law suit so he recommends tabling this matter.
Motion by Commissioner Ramos, seconded by Commissioner King, to
table Item 8-F. The motion carried by the following vote:
For: 5 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Vice Mayor Bradford, and Mayor
Herzberg
Against: 2 - Commissioner McCool, and Commissioner Sosa
G. Consideration of appointment or re-appointment of seven (7) members and
four (4) alternate members to the Economic Development Advisory Board.
- Joyce Raftery, City Clerk (386) 878-8502
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Strategic Goal: Internal and External Communication
Mayor Herzberg gave a brief explanation of the item.
Acting City Manager Peters and Mr. Mayes gave a brief history on the number of meetings
that were not able to take place due to the lack of a quorum.
The Commission, Acting City Manager Peters and Mr. Mayes discussed scheduling, lack
of member feedback, the board not working, recording absences, the Planning & Zoning
Board, changing the by-laws, tabling the item, qualified members, attendance, polling the
member, applicants, and Sunshine Law.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Ramos, to table Item 8-G.
Amended motion by Commissioner Avila-Vazquez, seconded by
Commissioner Ramos, to table Item 8-G to time certain June 7, 2021.
Mayor Herzberg opened the public comments.
Richard Bellach, Deltona, spoke about wives and husbands.
Mayor Herzberg closed the public comments.
Signal with Commissioner McCool who was attending remotely was lost.
The amended motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Commissioner Sosa, Vice Mayor
Bradford, and Mayor Herzberg
H. Consideration of appointment or re-appointment of seven (7) members to
the William S. Harvey Deltona Scholarship Advisory Board. - Joyce Raftery,
City Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Mayor Herzberg gave a brief explanation of the item.
Motion by Commissioner Ramos, seconded by Commissioner
Avila-Vazquez, to re-appoint the current seven members to the William
S. Harvey Deltona Scholarship Advisory Board.
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Amended motion by Commissioner Ramos, seconded by
Commissioner Avila-Vazquez, to re-appoint all seven members to the
William S. Harvey Deltona Scholarship Advisory Board: Lori Burbank,
Walter Dawson, Sandra Dillard, Steve Lightbody, Ruben Medina, Harry
Meeks and Cristina Raimundo. The motion carried by the following
vote:
Amendment to the amended motion by Commissioner Ramos,
seconded by Commissioner Avila-Vazquez, with term expirations of
May 23, 2023. The amended motion carried by the following vote:
Mayor Herzberg opened and closed the public comments as there were none.
The amended motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Commissioner Sosa, Vice Mayor
Bradford, and Mayor Herzberg
I. Request approval of a Settlement Agreement with the Deltona Professional
Fire Fighters, IAFF Local 2913 on behalf of Stan Dally. - John Peters, III, PE,
Acting City Manager (386) 878-8850.
Strategic Goal: Administrative
Acting City Manager Peters gave a brief explanation of the item.
Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to
approve the Settlement Agreement with the Deltona Professional Fire
Fighters, IAFF Local 2913 on behalf of Stan Dally. Upon approval of this
item, the Acting City Manager is authorized to make corrections to
scrivener's errors. The motion carried by the following vote:
For: 4 - Commissioner Avila-Vazquez, Commissioner Ramos, Vice
Mayor Bradford, and Mayor Herzberg
Against: 2 - Commissioner King, and Commissioner Sosa
Mayor Herzberg opened the public comments.
Brandy White, Deltona, spoke about lack of questions, certifications, paying for mistakes,
Former City Manager Shang, accountability, and filing a grievance.
Mayor Herzberg closed the public comments.
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Acting City Manager Peters addressed Ms. White's concerns.
The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
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.
Richard Bellach, Deltona, spoke about RPUD, law suits, public records request, women of
Deltona, voting against residents, gateways, Mayor's lien, sewage, water, roads, drugs,
fines, 189 homes, getting paid, and his opinion.
Jennifer Chasteen, Deltona, spoke about VSO, Strategic Planning meeting, frame work,
what the City has and does not have, Amphitheater, The Center, spending money, Council
on Aging (COA), parks, community pool, impact fees, trees, eco-system, infrastructure and
sustaining in the long haul.
Mike Putkowski, Deltona, spoke about a stray dog, Animal Control, scan/chipping, not
removing the dog, re-homing a dog, issuing tickets, social media, and the buck stops with
the Commission.
Tammy, spoke about Patty Mullens and Caitlyn Foster, metal detector, trauma, painful
experience, removing the metal detector, other metal detectors, and conceal carriers.
Resident 1776, Deltona, spoke about trauma, without prejudice, Florida Constitution, right
to assemble, addressing the public, elected officials, and bound to rules.
Yorelis Navas, Deltona, spoke about an email she sent, Title II grievance, needing parking
accommodations, her family's needs, parking issues, mulch, cats, paperwork and
accommodation form.
Elbert Bryan, Deltona, spoke about Facebook, roads, adopt-a-road program, signage,
Wal-Mart, Publix, Halifax Health, non-profits, The Center, community vs. event center and
listening to the residents.
Brandy White, Deltona, spoke about medal detector, costs, deterred items, legal issues,
Special Magistrate, firefighter agreement, certifications, wasteful spending and tightening
belts.
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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.
None.
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.
Commissioner Ramos left the meeting at 9:05 p.m. and returned at 9:06 p.m.
Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to
approve Consent Agenda Items 11-A through 11-F. The motion carried
by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Commissioner Sosa, Vice Mayor
Bradford, and Mayor Herzberg
A. Request for approval of fiber optic cable expansion to Fire Logistics and
Fire Fighter’s Memorial Park - Robert Cordero, Information Technology
Services (386) 878-8807.
Strategic Goal: Internal and External Communication
Approved by Consent - to approve the fiber optic expansion to Fire
Logistics and Fire Fighter’s Memorial Park with Traffic Control Division
in the amount of $92,131.52. The Acting City Manager has the authority
to make corrections of scrivener’s errors and the like.
B. Request for approval to piggyback agreement with Life Scan Wellness
Centers for annual physicals - Fire Chief Snyder, Fire Department (386)
575-6902.
Strategic Goal: Public Safety
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Approved by Consent - to approve and piggyback Life Extension Clinics
Inc. contract with City of Jacksonville to provide firefighter physical and
medical examinations for firefighters through the term of the contract at
a total cost of $53,500.00. The Acting City Manager has the authority to
make corrections of scrivener’s errors and the like.
C. Request for approval to piggyback on the Toho Water District’s contract
with USSI, LLC of Venice, FL to provide an Inflow and Infiltration (I&I) Study
of the gravity sewer collection system as outlined in the contract. - Steven
Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Public Safety
Approved by Consent - to recommend approval to piggyback on the
Toho Water District’s contract with USSI, LLC to provide an Inflow and
Infiltration (I&I) Study of the gravity sewer collection system as outlined
in the contract. The Acting City Manager has the authority to make
corrections of scrivener’s errors and the like.
D. Request for approval of the Agreement with the Volusia County Property
Appraiser for the Utilization of the Uniform Method of Collection of the
Non-Ad Valorem Assessments. The implementation of Amendment 10 has
made the Property Appraiser and the Tax Collector constitutional officers,
necessitating the revision of Non-Ad Valorem Assessment (NAVA). - John
A. Peters, III, P.E., City Manager (386) 878-8858.
Strategic Goal: Fiscal Issues
Approved by Consent - to approve and sign the Agreement with the
Volusia County Property Appraiser for the Utilization of the Uniform
Method of Collection of Non-Ad Valorem Assessments. The Acting City
Manage has the authority to make corrections of scrivener’s errors and
the like.
E. Request for approval to award Bid# PW 2021-04, Lawn and Landscaping
Services to Brightview Landscape to provide Citywide Lawn and
Landscaping Services for the various Stormwater, Water and Wastewater
Plants and Parks and Recreation locations. - Steven Danskine, Public
Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure Maintenance
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Approved by Consent - to approve the award of Bid# PW 2021-04 to
Brightview Landscape to provide Lawn and Landscaping Services in
the amount of $258,400.00 and as approved by the City Commission up
to the approved budget amounts for each fiscal year. Award shall be for
an initial period of three (3) years with the option to renew for two (2)
additional one (1) year terms upon mutual agreement of both parties.
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 Mead & Hunt, Inc. for
the engineering, design and permitting for the replacement of the
stormwater pump station adjacent to Ft Smith Blvd. as outlined in the
contract. - Steven Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Public Safety
Approved by Consent - to recommend approval of the Task
Authorization with Mead & Hunt, Inc. for the engineering, design and
permitting for the replacement of the stormwater pump station adjacent
to Ft Smith Blvd. as outlined in the contract, and upon approval
authorize the Acting City Manager to execute the Task Authorization
and authorize the Acting City Manager to correct any scrivener’s errors.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Vice Mayor Bradford asked if staff has discussed whether or not to have fireworks for July
4th and Acting City Manager Peters replied the Parks & Recreation Department are putting
together a 4th of July fireworks display which is below $25,000 which is his signing
authority. He will send an email out to the Commission with the exact date.
Vice Mayor Bradford requested to make sure that the issue which happened to the resident
when going through the metal detector does not happen again and to have clear policies
and procedures in place. Acting City Manager Peters replied it has been turned over to
Captain Moreno with the Volusia County Sheriff’s Department for an investigation with
appropriate action in regards to that event and will discuss alternative means for the future.
Commissioner King left the meeting at 9:11 p.m. and returned at 9:14 p.m.
Vice Mayor Bradford asked if the Animal Control incident with Mr. Putkowski has been
addressed and what will be done to prevent that from happening in the future. Acting City
Manager Peters replied he met with Mr. Putkowski, his daughter and Mr. O'Grady. The
issue will be investigated, appropriate action will be taken, but based on what Mr.
Putkowski stated it was not a terminable offense and he left the meeting thinking Mr.
Putkowski understood that. The situation was handled by Mr. O'Grady and the Supervisory
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staff so he was surprised when the Commission received the series of emails and that he
came tonight.
Vice Mayor Bradford requested to see what has to be done to get the City put on the list for
the Adopt-A-Road program.
Commissioner Sosa requested to take away the metal detector in an effort to encourage
the public to come to Commission meetings.
Motion by Commissioner Sosa, seconded by Commissioner King, that
effective immediately that the metal detector be taken away.
Amended motion by Commissioner Sosa, seconded by Commissioner
King, to have this put on the next agenda to have the metal detector
removed. The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Commissioner Sosa, Vice Mayor
Bradford, and Mayor Herzberg
13. CITY ATTORNEY COMMENTS:
None.
14. CITY MANAGER COMMENTS:
Acting City Manager Peters requested the Commission authorize him to direct the Finance
Department to set aside $200,000 from the City's unrestricted reserve and put it into an
account for the upcoming litigation over Hickory Lakes Preserve.
Motion by Commissioner King, seconded by Vice Mayor Bradford, to
authorize the Acting City Manager to have the Finance Department set
aside $200,000 from the City's unrestricted reserves into an account for
the litigation regarding the 189-lot subdivision in the Osteen area so that
the City has it properly funded. The motion carried by the following
vote:
For: 5 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner Ramos, Vice Mayor Bradford, and Mayor
Herzberg
Against: 1 - Commissioner Sosa
15. CITY COMMISSION COMMENTS:
Commissioner King reminded everyone that the American Legion Auxiliary will be
distributing Poppy’s on May 28th and 29th at Winn Dixie shopping center at Providence
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Blvd and Normandy Blvd. and that there will not be a Memorial Day celebration at Deltona
Memorial Gardens this year and instead Visa and The American Legion in Deltona will be
doing a Memorial Day Ceremony on May 31st at the Veteran’s Memorial Park and
Museum at 1:00 p.m.
Vice Mayor Bradford complimented the intelligence of the students from the Cambridge
Institute competition at Deltona High that day and how bright they are and the projects the
students put together were awesome and she is excited for it. She reminded everyone that
graduation and holidays are coming and to be extra safe and cautious on the road.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:36 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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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 17, 2021 6:30 PM Deltona Commission Chambers
A. In an effort to reduce the possibility of exposure of residents to the COVID-19
(Coronavirus) we have limited public seating inside the Commission Chambers
and are practicing social distancing with the City Commission, staff and
residents.
Background: ***NOTE***
The City Commission is dedicated to working hard and keeping our city
moving forward, and a top priority during the COVID-19 pandemic is to help
maintain the health of our employees and residents. Another top priority is
being able to maintain public participation in our City meetings. Following
CDC Guidelines, we have limited public seating inside the Commission
Chambers and are practicing social distancing with the City
Commissioners, staff and residents. Though there are restrictions when it
comes to public gatherings, we are dedicated to making sure those who
would like to make their voice heard are able to.
Please note your public comments can be submitted via one of the
following mediums no later than 3:00 p.m. on May 14, 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>
o Under the Commission Meetings tab
o Fill out the “Request To Speak” form - which will be
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City Commission Regular Commission Meeting May 17, 2021
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 Mayor Herzberg.
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 January 19, 2021,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: January 19, 2021 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Florida’s Emancipation Day-May 20, 2021.
Background: Proclamation to recognize the actualization of the Official 1863
Emancipation Proclamation by proclaiming May 20, 2021 as Florida’s
Emancipation Day.
B. Proclamation - Emergency Medical Services Week- May 16-21, 2021.
Background: Proclamation honoring the members of the emergency medical
services teams are ready to provide lifesaving care to those in need 24
hours a day, seven days a week.
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C. Proclamation - National Police Week
Background: National Police Week occurs every May to publicly salute the services
of law enforcement in the community and is a time for all Americans to
pause and reflect on the incredible sacrifices these heroes make for us
every day. In 2021 National Police Week will be from May 9th - 15th.
D. FY2019/2020 Annual Audit Presentation: Comprehensive Annual Financial
Report for the Year Ended September 30, 2020 - Mari Leisen, Finance
Department (386) 878-8553.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize
alternative funding sources and promote an effective system of checks and
balances.
Background: The City undergoes a financial audit each year and issues a
Comprehensive Annual Financial Report that include the City’s financial
statements. The independent audit firm of Purvis Gray, will present the
City’s audited Comprehensive Annual Financial Report for the year
ended September 30, 2020.
OPTIONS:
1. N/A
2.
3.
Attachments: 00 Combined FINAL 04092021
6. ORDINANCES AND PUBLIC HEARINGS:
7. OLD BUSINESS:
A. Request for approval of the compensation study and implementation of pay
adjustments for the rank and file employees. - John A. Peters, III, P.E., Acting
City Manager (386) 878-8858.
Strategic Goals: Fiscal Issues
Background: The Collective Bargaining Agreement between the City and the IAFF
Local 2913, dated October 18, 2018, required the City to conduct a
compensation study for its Fire/Rescue services employees. The
Archer Group was hired to review the City’s compensation plan for the
City in its entirety. The firm was directed to recommend any necessary
changes to establish equity within the plan, assist in reducing turnover,
promote careers with the City, attract qualified personnel, and reflect
current market conditions.
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The consultant reviewed the City’s current plan and the surrounding
market, and also solicited feedback from employees and department
heads. Based on their review they proposed several alternatives for
updating and enhancing the City’s current compensation plan. For the
develop of the 2021-2022 Annual Budget staff has utilized Alternative
B, Pay Plan A, to adjust employee salaries to the minimum of the
recommended pay grade plus 0.5% for each year of service, or 2% of
current salary, whichever is greater, effective October 1, 2020.
The adjustment in the Fire personnel is subject to further discussion
between the Acting City Manager and the Union. According to the
Collective Bargaining Agreement (CBA), the Acting City Manager has
the authority to implement the Fire CBA salary adjustments. The Acting
City Manager will inform the City Commission at the conclusion of the
negotiations.
Attachments: DRAFT.confidential.Archer.DELTONA
Classification and Compensation Study General Employees
8. NEW BUSINESS:
A. Request for approval of the revision of current City of Deltona Incentives
Program - Jerry Mayes, Economic Development & Ecological Tourism
Sustainability Manager (386) 878-8619.
Strategic Goal: Economic Development
Background: The City of Deltona Commission adopted the current City of Deltona
Incentives Program (June 20, 2017). Since that initial adoption of the
program, staff has approached the Commission on occasion
requesting changes to keep this program current and workable for the
current needs of recruitment and retention of commercial assets of and
for the City of Deltona.
Currently, the City operates under an incentive program that provides
two primary tracks: 1. A performance-based ad-valorem tax refund; and
2. A job creation incentive.
To remain competitive in the current commercial marketplace, staff
recommends the City of Deltona Commission to revised the incentive
program that streamlines and simplifies the incentive process.
The revised City of Deltona Incentives Program will assist in the
recruitment and expansion of economic development projects, while
providing flexibility on the City’s part in the negotiation of the program.
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Utilizing the current version of the City of Deltona Incentives Program as
a template for change, please note the following recommendation for
change:
1. Page 1, Item 1, Paragraph 2: “Ad Valorem Property Tax
Reimbursement - “Reimburse the Ad Valorem…” is changed to
“Reimbursement of Ad Valorem…”
2. Page 1, Item 1, Paragraph 2: Redaction of the example phraseology
“over a five-year period.
-Year 1 through 3- 100% of the City’s Ad Valorem property taxes paid
to the City may be refunded.
-Year 4 through 5- 50% of the City’s Ad Valorem property taxes paid to
the City may be
Refunded.
3. Page 1, Item 1, Paragraph 4B: Redaction of the verbiage dealing
with examples:
- in case, “(example: VC Avg. Annual Wage is $33,000, x .15 = $4,950
+ $33,000 =
$37,950)” and “See graph on Page 2 ( Example: Graph 1)”.
4. Page 2, Item 2, Paragraph 4: Redaction of the verbiage dealing with
examples:
- -----------------------(EXAMPLE: GRAPH 1) -----------------------
Average Volusia County Annual Wage New Job Incentive
(per job)
(If wages are) 115% $2,000 (divided by 4
years)
(If wages are) 125% $3,000 (divided by 4 years)
(If wages are) 150% $4,000 (divided by 4 years)
(If wages are) 200% $5,000 (divided by 4 years)
5. Page 4, Case Study: Redaction of the Case Study Page in its
entirety.
OPTIONS:
1. Continue the use of the current City of Deltona Incentives Program.
2. Accept this most current revision proposal of the City of Deltona
Incentives Program
A. Positive- The current program was very wide reaching,
attempting to attract
many different facets of commercial development and
retention. It
has been used successfully in the past.
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B. Negative- The current program in place allows the City minimal
negotiation
flexibility. The revisions to the program will allow the City to meet and
negotiate toward a more equitable position for all parties.
Attachments: Proposed rewrite of 01.17.2019 Incentives Package - DRAFT - Not Adopted (002
B. Consideration of request from Tanya Russell for a reduction of fine from
$20,000.00 assessed pursuant to Special Magistrate Case DEL-17-134.
Strategic Goal:
Background: Special Magistrate, ordering Tanya Russell to pay to the City of Deltona
a fine in the amount of fifty dollars ($50.00) per day beginning July 26,
2017, for each and every day the violation exists, or until a cap of
$20,000.00 is met. The violation occurred when the respondent failed
to comply with the City of Deltona Ordinance, Section 38-114, which
states that furniture outside must be designed to be placed outdoors or
stored inside a covered structure. In addition, storage of materials
relating to residential use, children's play toys, firewood, brush, logs, or
any other material intended to be used in fireplaces or other permitted
burning facilities, shall be permitted only in the rear yard to the rear wall
of the home.
The total amount due is capped at $20,000.00.
On April 28, 2021, Tanya Russell appeared before the Special
Magistrate to request a recommendation to reduce the fine.
Based on a finding that the property is in full compliance, the Special
Magistrate made a recommendation to reduce the fine to $500.00.
OPTIONS:
1. Approve the recommendation made by the Special Magistrate to
reduce the fine to $500.00.
2. Deny the recommendation made by the Special Magistrate and
propose a different amount.
3. Deny the recommendation made by the Special Magistrate in its
entirety.
Attachments: Agenda Memo 5-17-21 - Reduction of Fine
SMH Minutes 4-28-21
C. Request for approval of Resolution No. 2021-23 and Execution of State
Revolving Loan Agreement for the Alexander Avenue Reclaimed Water
Augmentation Project (also known as Lake Monroe Project Phase 4B). - Steve
Danskine, Public Works, 386-878-8998.
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Strategic Goal: Infrastructure.
Background: On December 14, 2020 the Commission approved Resolution No.
2020-70 relating to the State Revolving Fund Loan Program for the
Lake Monroe Project Phase 4B, see attached. The current bond
information at the time of application was the Series 2013 and Series
2014 bonds. Since the time of application, we have refinanced these
bonds with the Utility System Revenue Refunding Bond, Series 2021.
The State Revolving Fund Loan Program is requesting a new resolution
with the new information.
OPTIONS:
1. Approve - Receive SRF Loan in the amount of $7,144,000 to assist
with the construction of the Lake Monroe River Intake 4B project.
2. Deny - Do not obtain the loan and the project fails to go to
construction and violates terms of our Consumptive Use Permit
requirements.
Attachments: 4B Resolution
Resolution 2020-70 - Certified
D. Request for approval to purchase time and attendance software, at the cost of
$63,235.00 to be utilized citywide. - John A. Peters, III, PE, Acting City Manager
(386) 878-8852.
Strategic Goal: Fiscal Issues
Background: The request is to purchase a Tyler software product that manages time
and attendance, as well as advanced scheduling, and employee
self-service functionality. The product will allow Departments to closely
manage overtime, job costing and labor data to reduce expenses .
Currently, the City utilizes triplicate hand-written forms that must be filled
out be each employee, be approved individually by their supervisors,
and payroll must transfer this data into the Tyler software product.
The quote is for $63,235.00. The one-time fee is $49,150.00; however,
the recurring fee is $14,085.00. The product is offered through Tyler
Technologies, which is compatible with the City’s Enterprise Resource
Planning (ERP) software. The use of this equipment will result in a very
significant savings in manpower under the current process.
OPTIONS:
1. Approve the purchase of time and attendance software.
2. Table item and budget in another fiscal year.
3. Deny purchase of item requested.
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Attachments: Budget Transfer - ExecuTime
E. Request for approval to replace three (3) 2012 John Deere Mowers (SW-1204,
SW-1205, SW-1515), at a total cost of $65,909.28 ($21,319.76 each) for the
Stormwater Division. - Steven Danskine, PE, Public Works Department (386)
878-8998.
Strategic Goal: Infrastructure maintenance
Background: The Stormwater Division is requesting to replace three 2012 John
Deere Mowers at a total cost of $65,909.28 ($21,319.76 each). This
item was approved in the FY 2020/2021 Budget Capital Budget.
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 John Deere & Company through their authorized dealer
South Daytona Tractor & Mower that, in partnership with the National
Joint Powers Alliance, offers tremendous savings for participating
agencies statewide.
The quote submitted by South Daytona Tractor & Mower in the amount
of $65,909.28 is below the amount of $69,000 budgeted for this fiscal
year.
OPTIONS:
1. Approve the purchase (replacement) of three new John Deere
Z997R Diesel mowers as quoted to replace three (3) 2012 John Deere
Mowers (SW-1204, SW-1205, SW-1515), at a total cost of $65,909.28
($21,319.76 each)
2. Table item and put out to bid.
3. Deny purchase of item requested.
Attachments: Quote City of Deltona Z997R 60 RD
Acceptance and Award-Deere 062117
F. Request for approval of Resolution No. 2021-24, Legislation in Progress:
Moratorium for Residential or Mixed Use Planned Unit Development (Section
110-319 of the Land Development Code) rezoning request involving residential
detached dwelling unit projects - Ron A. Paradise, Director, Planning and
Development Services (386) 878-8610.
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Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Background: On May 3, 2021, the City Commission directed staff to initiate a
moratorium on all new Planned Unit Development rezoning applications
involving single-family residential detached dwelling unit development
proposals. The goal of the moratorium is to give the City time to review
land development regulations to address the Planned Unit
Development zoning classification; the relationship between density
and lot sizes; and ensure the appropriate provision of infrastructure
including roadways.
The legislation in progress is the first step for a local government to
establish a land use/zoning moratorium. If this resolution is approved,
Staff will draft an ordinance that will formalize the moratorium, including
establishing a set end time for the moratorium. Since the moratorium
involves land use and zoning, the initiative will need to be reviewed by
the Planning and Zoning Board to render a recommendation to the City
Commission. The earliest a moratorium ordinance could be heard by
the City Commission is the first meeting in July of 2021. There is
anticipation the second reading would be heard at the last City
Commission meeting in July of 2021.
Per the subject Legislation in Progress Resolution, there will be a
cessation of the acceptance of RPUD or MPUD applications
associated with detached residential dwellings on July 1, 2021. There
will be efforts by development interests to make Planned Unit
Development applications before the July 1, 2021 date takes effect. A
rezoning application, especially a Planned Unit Development
application, is associated with a wide range of required supporting
materials including a written development agreement, traffic impact
analysis, environmental reports, etc. As per the City Land Development
Code, Staff has seven (7) days to determine if an application is
sufficient. If an application is missing required documents or elements
of a submission are inaccurate, Staff can (and frequently does) find a
submission insufficient. Basically, an insufficient determination means
staff will not formally review the application. It is possible even though
an application has been made by an applicant, an administrative
determination of insufficiency will create a condition where the
application cannot move forward until the moratorium has expired. The
attached Legislation in Progress Resolution contains language
acknowledging the administrative ability to determine sufficiency. In
addition is acknowledged an applicant has the ability to appeal a
decision by Staff to the City Commission for a final determination on
application sufficiency. In conclusion, there may be detached dwelling
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unit oriented PUD applications which may advance through the process
and ultimately heard by the City Commission notwithstanding the
enactment of this resolution or a moratorium.
For more information see the attached copy of Resolution No. 2021-24.
OPTIONS:
Presented below are two basic options with regard to Resolution No.
2021-24. Also included are some advantages and disadvantages to
each option:
1. Approve Resolution No. 2021-24
Advantages: The City will be able to proceed to formally
establish a moratorium on detached residential dwelling unit
developments being processed under a PUD rezoning request.
As part of the moratorium, the City will have time to evaluate land
development regulations with the intent of providing great
oversight regarding new residential development.
Disadvantages: The prospect of a development moratorium,
even a specifically targeted moratorium contemplated as part of
Resolution No. 2021-24, can discourage general investment
including commercial. There is a probability private plans for
non-residential development activity, involving new commercial
uses for example, could be delayed. The moratorium will not
stop all PUD requests involving detached residential
development proposals. There are projects that could be found
sufficient for formal review before the resolution or moratorium
comes into effect.
2. Deny Resolution No 2021-24
Advantages: The potential for a surge of PUD applications
would be minimized. In addition, the prospect of sending a
mixed message regarding the City disposition on growth and
development would be diminished.
Disadvantages: The City would continue to be presented with
PUD requests without the benefit of being able to fully evaluate
present City Policies regarding residential development.
In the past few years, through Residential Planned Unit
Development (RPUD) rezoning requests, the City has approved
several medium sized (100-400 units) residential developments.
Utilizing the RPUD zoning process the City has been able to
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better manage how projects are developed. For example, many
of these new RPUD oriented subdivisions have special
residential parking standards, including requirements for
remote, off-street parking options and garage/driveway design
parameters intended to better manage neighborhood parking. In
some cases, RPUD projects are associated with enhanced
buffers, including barrier requirements (fences or even a wall) to
protect adjacent land uses. Also, the RPUD projects are
associated with amenities such as recreational facilities and
nature trails. These aforementioned elements are typically not
part of projects developing under straight zoning.
Notwithstanding these benefits, some of the recent RPUD
projects have been controversial. There have been questions
concerning compatibility with surrounding uses, the need for so
many new residential projects, actual density calculations, etc. In
order for the City to better evaluate the dynamics associated
with new Planned Unit Development oriented detached dwelling
residential development and make changes as appropriate to
the City Land Development Code, City staff recommends the
City Commission approve Resolution No. 2021-24.
Attachments: Resolution No. 2021-24
G. Consideration of appointment or re-appointment of seven (7) members and four
(4) alternate members to the Economic Development Advisory Board. - Joyce
Raftery, City Clerk (386) 878-8502
Strategic Goal: Internal and External Communication
Background: The terms of all seven (7) of the current members of the Deltona
Economic Development Advisory Board (DEDAB) expire May 31,
2021. All members have expressed that they wish to be re-appointed to
this Board.
Also, the terms of all four (4) of the alternate members of the Deltona
Economic Development Advisory Board (DEDAB) expire May 31,
2021. All alternate members have expressed that they wish to be
re-appointed to this Board. The Board/Committee By-Laws were
revised at the Regular Commission Meeting held on May 4, 2015 to
include these alternate members.
The City has run press releases, posted the opening on D-TV, the
City's web page and on bulletin boards. To date the City has received
applications from the following individuals: Phyllis Allen, Cedric King,
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City Commission Regular Commission Meeting May 17, 2021
Ramon Rodriguez and Eric Taulbee.
OPTIONS:
1. Reappoint members and alternates currently serving on board.
2. Appoint new members and alternates to the board.
Attachments: Deltona Economic Development Advisory Board By-Laws
DEDAB Member List
Member Eric Alexander
Member Jean Armstrong
Member Tanya Boggs
Member Edward Elliot
Member Glenn Woodley
Member Gina Martin
Alternate Roy Braddy III
Alternate Elizabeth Chavez
Alternate Ann Newman
Alternate Sterline St. Hilaire
Application Phyllis Allen
Application Cedric King
Application Ramon Rodriguez
Application Eric Taulbee
H. Consideration of appointment or re-appointment of seven (7) members to the
William S. Harvey Deltona Scholarship Advisory Board. - Joyce Raftery, City
Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Background: The terms of all seven (7) members of the William S. Harvey Deltona
Scholarship Advisory Board will expire on May 31, 2021. All of the
current members have expressed that they wish to be re-appointed to
this Board.
The City has run press releases, posted the openings on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Cedric King and Martina
Wilson.
OPTIONS:
1. Re-appoint the current board members.
2. Appoint new board members.
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Attachments: William S. Harvey Deltona Scholarship Advisory Board By-Laws
William S. Harvey Deltona Scholarship Member List 03-02-2020
Member Lori Burbank
Member Walter Dawson
Member Sandra Dillard
Member Steve Lightbody
Member Ruben Medina
Member Harry Meeks
Member Cristina Raimundo
Application Cedric King
Application Martina Wilson
I. Request approval of a Settlement Agreement with the Deltona Professional Fire
Fighters, IAFF Local 2913 on behalf of Stan Dally. - John Peters, III, PE, Acting
City Manager (386) 878-8850.
Strategic Goal: Administrative
Background: Stan Dally, a member of the Deltona Fire Union, was terminated on 19
March 2020. Subsequently, the Union filed a grievance challenging Mr.
Dally’s termination, and the matter was scheduled for arbitration by
Arbitrator John Dunn on 1 December 2020. Both the City and the Union
agreed to resolve the grievance in order to avoid the expenses involved
with arbitration.
As outlined in the proposed Settlement Agreement, the City agrees to
withdraw the termination and reinstate Dally to full time employment, the
City agrees to pay Dally a weekly salary of $100 for fifty-two weeks
($5,200), and the City will pay the qualified amount to Mr. Dally’s
required pension ($1,491.10). Mr. Daly will contribute the portion of his
pension contribution to receive credited service for the one year period
from 19 March 2020 to 20 March 2021 ($416.00). Further, Mr. Dally
agrees to resign and retire from the City of Deltona Fire Department at
the conclusion of the pay period that includes 20 March 2021, and the
Union agrees to withdraw its grievance filed challenging Mr. Dally’s
termination.
.
OPTIONS:
1. The City Commission approve the proposed Settlement Agreement
and avoid arbitration and limit the size of a settlement.
2. The City Commission reject the proposed Settlement Agreement
and direct staff to proceed with arbitration and risk a larger settlement.
Attachments: Dally Settlement
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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)
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 fiber optic cable expansion to Fire Logistics and Fire
Fighter’s Memorial Park - Robert Cordero, Information Technology Services
(386) 878-8807.
Strategic Goal: Internal and External Communication
Background: The Commission approved $100,000 in the budget for Fiber Initiative
and Road Conduits in order to continue to expand our fiber network to
FD sites for logistics. This will eliminate (1) circuits, increase
bandwidth, and extend our network to Fire Fighter’s Memorial Park.
Increased bandwidth allows us to add services that require high speed
connectivity to the area. Seminole County has term contract
#IFB-603704-20/BJC with Traffic Control Devices for the purchase of
fiber optic cables and ITS Systems that the City is able to piggyback.
Traffic Control Devices has provided the City with the attached
proposal for a total of $92,131.52. Staff recommends approval of the
attached piggyback agreement in order to move forward with this
project
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OPTIONS:
1. Approve the fiber optic expansion with Traffic Control Devices.
Benefits are:
- IP cameras will be accessible from City Hall for full functionality.
- Additional services can be added to Logistics in the future for
video and voice conferencing.
- The possibility may exist to add a water plant or lift station to
the network for monitoring.
2. Not approve the fiber optic expansion and continue limited
bandwidth and limited services. Access to IP cameras and local
computers will be limited by the reduced bandwidth.
Attachments: Piggyback Agreement for Fiber Project
Exhibit A-Seminole County Contract
Exhibit B-City of Deltona Proposal
B. Request for approval to piggyback agreement with Life Scan Wellness Centers
for annual physicals - Fire Chief Snyder, Fire Department (386) 575-6902.
Strategic Goal: Public Safety
Background: The National Fire Protection Agency recommends that certified
firefighters receive physicals on an annual basis. It is also required by
the Collective Bargaining agreement that firefighters receive bloodwork
annually and physicals on a bi-annual bases. Because of the stresses
of the job and the toxic environment firefighters work in, they are
susceptible to cardiovascular disease and cancer. These two
conditions, by far, are the number one killer of firefighters. Catching
these problems early provides a much higher survival rate. We must
also ensure that our firefighters are healthy and physically able to
protect the citizens of Deltona.
The total annual cost is $53,500.00. Medical/physical examinations are
exempt from bidding requirements.
Based on this information, staff requests approval to piggyback the City
of Jacksonville’s contract with Life Extension Clinic Inc. d/b/a Life Scan
Wellness Centers for Annual Physical and Medical Examination for all
certified firefighter personnel and request approval through the term of
the contract ending February 28, 2022 and upon approval authorizes
the necessary budget transfers to facilitate Commission approval and
further authorized the City Manager to sign any documents necessary to
further Commission approval of this item.
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OPTIONS:
1. Approve contract and remain in compliance with the Collective
Bargaining Agreement
2. Do not approve and violate the terms of the Collective Bargaining
Agreement
Attachments: Exhibit A - 2021
Exhibit B - 2021
Exhibit C - 2021
Piggyback Agreement Life Scan Wellness Center 2021
C. Request for approval to piggyback on the Toho Water District’s contract with
USSI, LLC of Venice, FL to provide an Inflow and Infiltration (I&I) Study of the
gravity sewer collection system as outlined in the contract. - Steven Danskine,
Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Public Safety
Background: As discussed at the April 5, 2021 meeting regarding FDEP Consent
Order OGC# 20-1509 for the Deltona Lakes Water Reclamation
Facility, Deltona Water will undertake an I&I Study in an effort to reduce
the amount of stormwater and groundwater infiltration into out sanitary
sewer collection system.
During the wet season, our wastewater treatment plants see drastic
increases (40% greater, and more) in flows, at least in part due to
cracked and leaky pipes, manholes, broken clean-outs, illegal
connections, etc. The result of these increased flows means that we’re
paying to treat groundwater and/or stormwater at the plants which is
inefficient, expensive, and can lead to overflows when the collection
system cannot keep up with volumes they were not designed to handle.
After consultation with various other Florida Utility providers and
participating in presentations by 3 different venders it was determined
by Staff that USSI provided the better service at reasonable rates. One
of the selection criteria included their ability to communicate with the
general public and customers which should help minimize customer
calls and concerns.
Agreeing to piggyback on the Toho Water District’s contract will enable
USSI to begin the process of identifying and elimination of leaks into
our system, and help us to satisfy the requirements of the FDEP
Consent Order.
The attached Phase I cost estimate covers the I&I Study while the
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City Commission Regular Commission Meeting May 17, 2021
Phase II cost estimate assumes repairs on all of the manholes in the
system. It is highly unlikely that every manhole in the system needs
repairs, therefore the final cost will likely be significantly less. Should
the overall cost exceed the $400,000 available in this fiscal year’s
budget, USSI has indicated that their willingness to halt until October
when additional funds become available.
OPTIONS:
1: Approve - Begin I&I Study to identify and begin to limit the amount of
inflow and infiltration into the gravity sewer collection system in
accordance with FDEP requirements.
2: Deny - Staff can prepare and submit a Request for Qualifications
(RFQ) to seek additional firms to compare and ultimately contract with
independently.
Attachments: EXHIBIT A-Executed Agreement & IFB-20-076-USSI & TOHO Water Authority
EXHIBIT B-PHASE 1 - INSPECTIONS
EXHIBIT C-PHASE 2 - REPAIRS
Piggyback Agreement - USSI, LLC-I&I Study
IIStudyDEPMap
LFCO_ Case #20-1509
D. Request for approval of the Agreement with the Volusia County Property
Appraiser for the Utilization of the Uniform Method of Collection of the Non-Ad
Valorem Assessments. The implementation of Amendment 10 has made the
Property Appraiser and the Tax Collector constitutional officers, necessitating
the revision of Non-Ad Valorem Assessment (NAVA). - John A. Peters, III, P.E.,
City Manager (386) 878-8858.
Strategic Goal: Fiscal Issues
Background: The 2018 Florida Constitution Revision Commission (CRC) sent
Proposal 6005, titled “State and Local Government Structure and
Operation,” to the general election ballot as Amendment 10. The
second proposal revises art. VIII, 1 and 6, to require that the following
constitutionally prescribed county officers be elected by the electors in
every county: sheriffs, property appraisers, supervisors of elections, tax
collectors, and clerks of court. This revision removes the current ability
of county charters to abolish certain constitutional offices, change the
length of their four-year terms, transfer their duties to other offices, or
eliminate the election of the constitutional officers. The changes in
Agreement with the Volusia County Property Appraiser for the
Utilization of the Uniform Method of Collection of the Non-Ad Valorem
Assessments are basic in nature, removing Volusia County from the
agreement and changing the County Revenue Department to the Tax
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City Commission Regular Commission Meeting May 17, 2021
Collector. The cost of seventy-seven cents ($.77) per assessment unit
will remain the same.
OPTIONS:
1. N/A
2.
Attachments: INTERLOCAL AGREEMENT - Prop Appraiser - to remove Vol Co and change to
E. Request for approval to award Bid# PW 2021-04, Lawn and Landscaping
Services to Brightview Landscape to provide Citywide Lawn and Landscaping
Services for the various Stormwater, Water and Wastewater Plants and Parks
and Recreation locations. - Steven Danskine, Public Works/Deltona Water
(386) 878-8998.
Strategic Goal: Infrastructure Maintenance
Background: Purchasing received five (5) responses to ITB# PW 2021-04 for Lawn
and Landscaping Services. This bid will provide Citywide Lawn and
Landscaping services to multiple divisions to include Stormwater,
Water Plant Operations, Wastewater Plant Operations, Parks and
Recreation and Fire Station 65. Staff reviewed bids and is
recommending award to the second low bidder, Brightview Landscape.
Initial award of this bid was made at the Regular Commission Meeting
on April 19, 2021 to McMaster Lawn and Pest Services. Unfortunately,
they were unable to accept the contract due to staffing shortages.
Therefore, staff is recommending award be issued to the second low
bidder, Brightview Landscape.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the City Manager
to sign any documents necessary to further Commission approval of
this item.
OPTIONS:
1. N/A
2.
3.
Attachments: Draft Agreement-Brightview Landscape
EXHIBIT A-PRICING BRIGHTVIEW LANDSCAPE
F. Request for approval of the Task Authorization with Mead & Hunt, Inc. for the
engineering, design and permitting for the replacement of the stormwater pump
station adjacent to Ft Smith Blvd. as outlined in the contract. - Steven
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City Commission Regular Commission Meeting May 17, 2021
Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goals: Public Safety
Background: One of the projects listed in the Stormwater Masterplan is the
replacement of the above ground, single, suction-lift pump in the dry
retention pond located on the north side of Ft Smith Blvd. across from
Apple Orchard Dr. with a submersible, duplex pump station which will
be more efficient and dependable than what currently exists.
The improvements will include a duplex submersible pump station with
a screening device on the intake, maintenance dredging of the pond
with regrading of the side slopes, the addition of a water service from
the nearest water main, a generator and conversion of overhead to
underground power feed from Ft. Smith Blvd.
OPTIONS:
1. Approve the Task Authorization with Mead & Hunt, Inc
a. Improve reliability of the stormwater pump station on Ft.
Smith Blvd..
2. Do not approve the Task Authorization with Mead & Hunt
a. Keep the current lift station and continue to expend
significant funds for repair and replacement
Attachments: Fully Executed Agreement-Mead & Hunt, RFQ# PW 2020-08
Partial Sign TA-Mead & Hunt-Ft Smith PS Imp
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
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City Commission Regular Commission Meeting May 17, 2021
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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