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City Commission

Regular Meeting

Deltona, FL · May 17, 2021

AgendaMinutes

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 City of Deltona Page 1 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 2 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 3 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 4 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 5 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 6 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 7 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 8 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 9 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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. City of Deltona Page 10 Printed on 9/10/2021 City Commission Minutes May 17, 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. 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 City of Deltona Page 11 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 12 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 13 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 City of Deltona Page 14 Printed on 9/10/2021 City Commission Minutes May 17, 2021 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 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 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 City of Deltona Page 1 Printed on 5/13/2021 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. City of Deltona Page 2 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 3 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 4 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 5 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 6 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 7 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 8 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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 City of Deltona Page 9 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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 City of Deltona Page 10 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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, City of Deltona Page 11 Printed on 5/13/2021 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. City of Deltona Page 12 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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 City of Deltona Page 13 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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 City of Deltona Page 14 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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. City of Deltona Page 15 Printed on 5/13/2021 City Commission Regular Commission Meeting May 17, 2021 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 City of Deltona Page 16 Printed on 5/13/2021 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 City of Deltona Page 17 Printed on 5/13/2021 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 City of Deltona Page 18 Printed on 5/13/2021 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 City of Deltona Page 19 Printed on 5/13/2021 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. City of Deltona Page 20 Printed on 5/13/2021

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