City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, March 21, 2022 6:30 PM Deltona Commission Chambers Revised 03/17/22 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Sosa - Pastor Byron Herchenroder from Faith Baptist Church of Deltona. 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 March 7, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: March 7, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Deltona Building 2 by Dr. Tom LoBasso, President, Daytona State College Background: Daytona State College plans to construct a state of the art, City of Deltona Page 1 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 multi-disciplinary building on the Deltona Campus that will meet the growing healthcare and manufacturing needs of the county. This project will allow the expansion of critical programs such as Nursing, Diagnostic Sonography and CNC Machining. Attachments: 1-26-22 Board Presentation - Deltona Bldg 2 Project B. Proclamation - Proclaiming March as Senior Nutrition Month Background: Proclamation proclaiming the Month of March 2022 as Senior Nutrition Month. For more than 50 years, Council on Aging of Volusia County has been the only local non-profit focused exclusively on providing vital services to Volusia County seniors and the staff and volunteers are trusted advocates to the growing number of our elderly neighbors in critical need of assistance to maintain their independence. C. Proclamation - honoring Joe Sullivan for his 30 years with the Boys & Girls Club of Volusia/Flagler Counties. Background: Joe Sullivan became the new executive director of the Boys & Girls Club of Volusia in 1993. Mr. Sullivan persuaded a local high school to let him use a small room above a gym for BGC programs…this was the seed that has now, 30 years later, grown into this amazing organization we now know as the Boys & Girls Clubs of Volusia/Flagler Counties. From a few kids, in a small room above the gym, to 8 Clubs in two counties serving 1000s of at-risk youth. Joe has created a thriving organization with a dedicated and passionate Board of Directors who truly have the best interests of our community, young people and their families at heart. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 03-2022, Amending Chapter 22, Businesses regulating the location, placement and use of mobile food dispensing vehicles (MFDV) (food trucks) within the City, at first reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Enhance the attractiveness of the City Background: The proposed City mobile food dispensing vehicle (MFDV) (AKA food trucks) regulations are predicated on allowinging food truck operations on certain developed and actively used areas within certain City zoning classifications. In addition, some land development elements such as parking and access can impact the availability of certain sites to be used for food trucks. The proposed regulations are consistent with a 2020 State law that limits local government regulation of MFDV. City of Deltona Page 2 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Basically, a local government cannot prohibit MFDV within a jurisdiction but can regulate the location and density of the vehicles. Attached is Ordinance No. 03-2022 which includes changes to Chapter 22 regarding food trucks. Please be aware, this Ordinance only addresses mobile food dispensing vehicles and does not affect other itinerate merchant activity, special event permitting, or solicitation requirements. Highlights Ordinance No. 03-2022 are as follows: 1) Mobile Food Dispensing Vehicles (MFDV) are defined. 2) Requirement for a MFDV operation to submit a Department of Business and Professional Regulation license and a fire safety inspection report. 3) Permission from the underlying landowner required. 4) A site plan of the location of the MFDV is required. 1”=100’ scale and base map can be an aerial photograph downloaded from the internet. 5) Limited to C-1, C-2, C-3 zoning classifications if associated with active commercial uses. Planned Unit Development (non-residential) may allow food trucks if facilitated as part of the Development Agreement. 6) Active house of worship properties may be used for MFDV consistent with other provisions of Ordinance No. 03-2022. 7) MFDV cannot be located within any right of way, must be located on a paved surface and cannot create parking, access, or internal circulation problems. 8) Limited outdoor seating is allowed. 9) Fire safety parameters required. 10) Hours of operation limited to 8:00 am to 10:00 pm. 11) No more than one (1) MFDV can be located on a property under five developed acres. No more than two (2) MFDVs can be located on an eligible site consisting of 5 or more developed acres. 12) Businesses with more than 100 full time equivalent employees per 8 hour shift may have multiple MFDVs notwithstanding certain provisions. 13) Advertising and signage is limited. 14) MFDV activity associated with City approved/permitted special events are exempt. 15) Enforcement will be addressed by Code Compliance and compliance will be the responsibility of the landowner. On September 27, 2021, the City Commission conducted a workshop on mobile food dispensing vehicles to review an early draft of the regulations. This workshop was attended by several food truck venders/stakeholders. At the workshop comments were accepted and staff did revise the document. On November 10, 2021 City staff scheduled a stakeholder meeting to discuss the revised MFDV City of Deltona Page 3 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 regulations. After notifying numerous food truck interests, the stakeholder meeting was attended by one individual. There were no revisions made to the regulations as a result of the November 10, 2021 stakeholder meeting. The Planning and Zoning Board heard this ordinance on December 15, 2021. Normally the Planning and Zoning Board does not hear Chapter 22, Businesses related ordinances. However, since the locational criteria of Ordinance No. 03-2022 was based heavily on zoning and involves land development type of criteria (parking, etc.), Staff advanced the MFDV ordinance to the Planning and Zoning for review. Five members of the Planning and Zoning Board voted in favor to recommend the City Commission adopt Ordinance No. 03-2022. The remaining two members abstained from the vote claiming personal conflicts. These members have been provided with forms for a conflict declaration. The City Commission on January 18, 2022 did not take direct action on Ordinance 03-2022 but directed staff to conduct another stakeholder meeting to solicit more public comment. Staff was also directed to bring the Ordinance back to the City Commission on March 21, 2022. On February 2, 2022 staff conducted another scoping meeting on Ordinance 03-2022. As a result of the February 2, 2022 meeting and other public input, staff has made the following changes to the Ordinance: 1) Fines have been reduced from $500.00 an infraction/day to $200.00; 2) Properties actively used and zoned Business Planned Unit Development or Industrial Planned Unit Development, unless explicitly prohibited by the Development Agreement, will be eligible for MFDV activity; 3) On site seating opportunities have been expanded from one parking space of 171 square feet to two parking spaces of 342 square feet. These seating areas need to be clearly demarcated and cordoned off from drive aisles and/or parking stalls; 4) Hours of operation have been expanded from 8:00 am to 10:00 pm to 7:00 am to 10:00 pm; and 5) The number of food dispensing vehicles on a site will be controlled not by the size of the developed area but by extra available parking at the facility. There is language added to consider the parking dynamics of facilities/institutions with non overlapping hours of operation like a house of worship. Finally, there was discussion about the requirement to produce written and notarized authorization of owner allowing a MFDV to operate on the property. Some stakeholders indicated obtaining permission from City of Deltona Page 4 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 various corporate entities can be daunting. However, staff is of the opinion owner authorization is necessary to minimize City liability. In addition, owners will be responsible for any liabilities such as enforcement activities including fines and the owners should be aware of MFDV operation. The City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Ordinance No. 03-2022. Advantages: a. Mobile Food Dispensing Activities will be located in established commercial areas minimizing conflicts with residential neighborhoods. b. The City will be able to manage the location of MFDVs to ensure the sites used will remain functional, will not create safety challenges, and will not conflict with the operation of the developments in which they are located. c. MFDV operations will be made more aesthetic. d. MFDV will adhere to appropriate fire safety protocol. e. Public right of ways will not be used for food truck (MFDV) operation or related marketing. Disadvantages: a. Sites available for MFDV activity will be limited. Therefore, some neighborhoods maybe underserved with dining choices. b. MFDVs will be required to adhere to certain parameters to meet fire safety and site plan matters thus making the spontaneity of the business model difficult to realize. 2. Do not approve Ordinance No. 03-2022. Advantages: a. MFDV operations will have more choices and opportunities to set up within the City. b. MFDV activity will not be as greatly burdened by fire safety regulations. Disadvantages: a. MFDVs could site in areas where they are incompatible with residential areas. b. MFDV operations could create safety problems. c. MFDVs within establishments featuring limited parking can City of Deltona Page 5 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 inadvertently cause parking problems. d. Fire safety requirements will be more difficult to implement. e. The aesthetic of City thoroughfares could be negatively impacted. Attachments: Food Truck OrdinanceMarch22.pdf B. Public Hearing - Ordinance No. 05-2022 amending the Comprehensive Plan of the City of Deltona, amending the Capital Improvements Element by providing for the replacement of the Capital Improvement Project sheets, at first hearing - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Effective governance and productive government. Background: Pursuant to Chapter 163.3177(3)(b) F.S., the City Capital Improvements Element of the Comprehensive Plan must be reviewed and updated on an annual basis. It is recommended to send the Capital Improvements Element (CIE) Report to the Department of Economic Opportunity (DEO) when it is adopted by the City Commission each year. Staff has reviewed the current capital improvements for the next five years. The intent of the review is to ensure compliance with the adopted Comprehensive Plan level of service (LOS) standards. This review has been accomplished in collaboration with the City’s Finance Department and other City Departments. Please be advised the Five-Year Capital Plan and projects description are copied from the City budget approved by the City Commission in September of 2021. Therefore, the budgetary information cannot be altered or otherwise modified as part of the CIE update process. On February 24, 2022, the Planning and Zoning Board heard the Capital Improvement Element update and related project sheets. The Planning and Zoning Board voted six to one to forward this ordinance to the City Commission with a recommendation to approve the Capital Improvement Element update and related project sheets. For more information see the attached Capital Improvement Element update/Level of Service Report and related replacement project sheets. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Options: 1) Approve the CIE update (Ordinance No. 05-2022). Advantages: City of Deltona Page 6 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 a. The City will remain in compliance with State planning laws; and b. The City will continue to demonstrate consistency with its Comprehensive Plan. Disadvantages: a. None. 2) Do not approve the CIE update (Ordinance No. 05-2022). Advantages: a. None. Disadvantages: a. The City will not be in compliance with State planning laws; and b. The City will miss an opportunity to demonstrate consistency with its Comprehensive Plan. Attachments: Level of Service Report 12-29-2021 ORDINANCE NO 05-2022 EXHIBIT A_FIVE-YEAR CAPITAL PLAN C. Public Hearing - Resolution No. 2022-03, Legislation in progress with regard to rezoning request that result in an increase of single-family detached residential density entitlements - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Identify distinctive villages. Background: At the February 21, 2022 hearing, the City Commission, by consensus, gave authorization to the Acting City Manager to explore a moratorium on rezoning applications that involve requests for increases in single-family detached residential density from existing zoning entitlements. The first step in the process, including the initiation of a moratorium, would be the approval of a legislation in progress resolution. The attached legislation in progress resolution defines applicability, the purpose and intent, establishes a timeframe of 120 days to establish a moratorium, and outlines potential administrative exceptions. With regard to the purpose and intent of the proposed legislation in progress, the main objective is to allow for public scoping to determine how future requests for increases in single-family detached residential density are managed by the City. Eventually, the scoping activities and topics discussed will be the foundation for changes/updates to the City Comprehensive Plan and Land Development Code. Public scoping topics are as follows: City of Deltona Page 7 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 1) Promotion of more sustainable development patterns; 2) Provision of more functional residential development forms; 3) Encourage greater land use compatibility; 4) Enhance environmental safeguards; 5) Improve general knowledge of the application of residential densities; and 6) Address general growth management laws and policies. The proposed legislation in progress also includes potential administrative exceptions to the initiative. The exceptions are narrow and allow for the City to contemplate a single-family detached zoning entitlement change for small projects and the project property is not associated with environmental constraints like wetlands and/or floodplains. In addition, a single-family detached increase in density may be considered if the project is that part of a bona fide mixed-use development. Another exception is for a development that contains a significant portion (30% of units) of affordable/workforce housing. Finally, there are several single-family detached residential rezoning requests that will not be halted or delayed as a result of the legislation in progress and subsequent moratorium. In addition, there could be other project applications submitted in a sufficient manner that are brought forward before the July 1, 2022 effective date. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the legislation in progress Advantages: a. The City will have time to engage in public scoping in a more meaningful manner without having to decide single-family detached oriented rezoning applications; Disadvantages: a. Certain projects that may have some public benefits may be delayed; b. There may be reputational ramifications; and c. The City may be confronted with various applications for increases in single-family detached residential land use entitlements prematurely. 2. Do not approve the legislation in progress Advantages: a. If the legislation in progress is not approved, the City still plans on engaging in a robust public scoping process; City of Deltona Page 8 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 b. The City will not run the risk of reputational ramifications; and c. There would be a less chance of premature single-family detached rezoning applications. Disadvantages: a. Applications for development would continue without the benefit of extensive public scoping. Attachments: RESOLUTION 2022-03 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration of appointments or re-appointments of three (3) members and (4) alternates to the Planning and Zoning Advisory Board - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Background: The terms of three (3) members appointed by Mayor Herzberg (Tom Burbank), Commissioner King (Allen Pfeffer) and Commissioner Bradford (Susan Berk) and four (4) alternate members of the Planning and Zoning Advisory Board will expire on March 15, 2022. Susan Berk, Thomas Burbank, Allen Pfeffer and Manuel Rodriguez have expressed that they wish to be re-appointed to the 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: Eric Alexander, Rachel Amoroso, Susan Berk, Thomas Burbank, Andrea Cardo, Anthony Claudio, Robert Lindeman, Mal Locke, Nick Lulli, Monique Mevs, Lisa Renee Childs Miller, Allen Pfeffer, Manuel Rodriguez and Nicholas Swinehart. OPTIONS: 1. To re-appoint or appoint members to the board. 2. Table appointments to the board. City of Deltona Page 9 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Attachments: P&Z Board Code of Ordinances Planning and Zoning Member List Susan Berk (Member) Thomas Burbank (Member) Allen Pfeffer (Member) Manuel Rodriguez (Alternate) Applicant - Eric Alexander Applicant - Rachel Amoroso Applicant - Andrea Cardo Applicant- Anthony Claudio Applicant - Robert Lindemann Applicant - Mal Locke Applicant - Nick Lulli Applicant - Monique Mevs Applicant - Lisa Renee Childs Miller Applicant - Nicholas Swinehart B. Request approval to move forward with the Owner Direct Purchases (ODP) with Hydra Service Inc., Ferguson Water Works, Isco Industries and Traffic Control Devices for a total cost of $1,508,010.52. The ODP purchase saves $182,030.09 from the overall project. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: Staff is requesting approval to remove certain items from Prime Construction’s contract. Three of the items which include Hydra Services for Pumps and Intake Screens, Ferguson Water Works for Pipe and Fittings, Isco for Pipe and Traffic Control Devices for fiber installation will be removed to benefit from the tax savings by converting to Owner Direct Purchases. In the course of a typical construction project, the Contractor will purchase materials for the project and pay the State Sales Tax, and that cost is passed on to the City. On projects such as this, where there are certain high cost items, the City will purchase these items directly from the supplier utilizing it’s tax exempt status, thus saving rate payer’s money on the project. The total tax savings would be $85,092.02 and by contracting directly with Traffic Control Devices through our current contract with them for the fiber optic installation would save an additional $96,037.17 for a total savings of $182,030.09. City of Deltona Page 10 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 These items purchased through the Owner Direct Purchase will be deducted from the total contract with Prime Construction as documented with the change order provided. The total of these changes is a deduct of $1,673,591.56. The savings would also allow us to install fiber to Thronby Park for $6,896.67 and the Lakeshore Community Center for $9,552.20 at a cost of $16,448.87. These cost saving measures follow information provided at previous meetings as a reaction to the drastic increase in pricing and supply chain issues. OPTIONS: 1. Approve - Proceed with the Owner Direct Purchase. 2. Deny - The City will not realize the tax savings on the equipment purchases for the 4 B River Intake Project. Attachments: TCD Price Proposal - Fiber Lakeshore Dr SCADA TCD Price Proposal - Fiber for Thornby Park Traffic Control Devices Direct Purchase Owner Direct Change Orders TCD Price Proposal - Fiber 980 Lake Shore Dr C. Request approval of the Purchase Order with Guardian Fuel Technologies for the replacement of two fuel pumps at the Public Works Depot, in accordance with their Sourcewell Pricing, in the amount of $55,766.09. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure and Public Safety Background: It was discovered that once ambient temperatures exceed 85 degrees, the fuel suction pumps on the tanks at the Depot become vapor locked and cannot adequately pump fuel to City vehicles and equipment. Since these tanks, and the tanks at Fire Station 65 are the emergency fuel pumps utilized during emergencies, i.e. hurricanes, having dependable pumping capacity in the summer is critical to emergency operations. Working with our vender, it was determined that submersible pumps would solve our problem, and we have received a quote based upon Sourcewell pricing to install the pumps and necessary hardware in the amount of $55,766.09. There are adequate funds available for this work through a reallocation of funds. City of Deltona Page 11 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Upon receipt of the quote, it was noted that due to supply chain shortages, the quote was only good through March 15, 2022, at which time a 7 - 10% surcharge would be added. Staff requested approval by the Acting City Manager to move ahead with the purchase with the knowledge that it would not be possible to place the matter on a City Commission Agenda before the deadline. Verbal authorization was obtained, and this item fulfills the notification requirement. OPTIONS: 1. Approve - Proceed with the PO and replace the fuel pumps and associated hardware. 2. Deny - Withdraw the purchase order and seek other alternative means to ensure emergency fuel availability. Attachments: MT10211077 COD PW Dispenser Upgrade Re Fuel Tanks at Depot.pdf 2022 Price Notification Letter 092920-GVR - Price Information FW Updated Contract with Sourcewell Pricing.pdf MT10211077 COD PW Dispenser Upgrade 2022 Price Notification Letter Gilbarco Contract 092920(3).pdf 092920-GVR - Price Information(4).pdf Re Fuel Tanks at depot(5).pdf Gilbarco Contract 092920 D. Contract - Transportation Impact fee credit agreement, City of Deltona and Integra Myst Development LLC - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Gallery of Villages Background: In December of 2021, Integra Myst Development LLC (applicant) received a conditional Development Order from the City Development Review Committee to construct a multi-family project consisting of 301 units. The project is located within Deltona Village and is situated just to the east of Epic Theater and west of Deltona High school. To access the 17.76 acre property the applicant is going to be improving roadways. More specifically, the roadway improvements will include an extension of the MSgt. Tara Jacobs Brown Av. to the south and then another east/west corridor to the planned development entrance. Currently the corridors to be improved will be private easements but open to the general public. There is anticipation these private easements will eventually become dedicated public right of ways. The City of Deltona Page 12 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 segment of MSgt. Tara Jacobs Brown Av. proposed for improvement by the applicant is part of a roadway corridor referred to generally as the Rhode Island Av. extension running from N. Normandy Blvd. to Howland Blvd. When fully constructed, the Rhode Island Av. extension (including MSgt. Tara Jacobs Av.) will be a significant element of the City thoroughfare network serving as a reliever to Graves Av. and Howland Blvd. and other City roadways. In accordance with Chapter 94 Impact Fees, the City can grant impact fee credits for roadway projects which are directly associated with and benefit the City thoroughfare network. The purpose of the agreement is to grant $267,288.00 in impact fee credits to off-set the applicant’s capacity improvement investment in the City roadway network. The amount of impact fee credits are directly proportional to the amount of City transportation impact fees levied on the project. Alternatively, instead of paying transportation impact fees to the City, the applicant will be providing the contribution in the form of a physical roadway improvement. Be advised, the attached agreement does not absolve the applicant the responsibility to pay City Park and Public Safety (fire/police) Impact Fees. In addition, County and school district impact fees are not part of the agreement. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the impact fee agreement Advantages: a. The City will more readily gain a segment of roadway important to managing traffic on the Deltona thoroughfare network; and b. The City does not have to manage the construction project Disadvantages: a. None. 2. Do not approve the impact fee agreement Advantages: a. None. Disadvantages: a. The roadway may have to wait to have a facility constructed to City thoroughfare specifications; and b. The City will have to manage the construction project. Attachments: Transportation Impact Fee Credit Agrmt E. Resolution No. 2022-04, formal withdraw of the Blue Heron Phase II and City of Deltona Page 13 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Rookery eco parks funded through the Volusia County ECHO program or Resolution No. 2022-05, formal withdraw of the Rookery eco park funded through the Volusia County ECHO program - Ron A. Paradise, Community Services Director (386) 878-8852. Strategic Goal: Recreation City for All. Background: The City applied for ECHO funding for Blue Heron Phase II (Resolution No. 2019-06) and Rookery (Resolution No. 2019-07) nature parks in 2019. The projects involve passive oriented nature trails and boardwalks to provide opportunity for the enjoyment of the sublime natural landscapes within the City. The projects also represent an economic development resource through ecological tourism. The projects were approved for ECHO funding. The cost of the projects were eventually projected to be $440,000.00 for Blue Heron Phase II and $550,000.00 for Rookery. A 50% grant match from the City were part of the terms of the ECHO grant. To date the City has spent $10,523.10 in design work for Blue Heron Phase II and $14,081.00 for Rookery Park. In addition, the Blue Heron Phase II project has been bid and a contractor selected. The amount of the contract came in under budget for a total of $344,795.00. A copy of the bid is attached. If the construction contract is canceled, the City will have to reimburse the contractor. Based on communications with the Contractor, they indicate that they have approximately $90,000.00 invested in the project via mobilization, material purchase, etc. If the Commission agrees to return the ECHO funds, the City would have expended a total of $100,523.10 to date and to reimburse the Contractor for Blue Heron Phase II. This figure represents 56.5 percent of the City’s share of the total project budget. Since this number is in excess of 50 percent, we recommend that we proceed with the completion of the Blue Heron Phase II project. Additionally, this project will not impact our ability to pursue additional ECHO Projects during the fall funding cycle. At the March 7, 2022 meeting the City Commission agreed to place on the March 21, 2022 agenda a resolution to consider withdrawing the Blue Heron Phase II and Rookery nature parks from ECHO consideration. Attached Resolution No. 2022-04 does formally withdraw the two projects. Resolution No. 2022-05, also attached, only formally withdraws the Rookery nature park and allows the City to continue on with the Blue Heron Phase II project. Based on our recommendation above, we recommend that the City Commission adopt Resolution No. 2022-05. City of Deltona Page 14 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Resolution No. 2022-04 withdrawing the Blue Heron Phase II and Rookery Nature Parks from the ECHO program. Advantages: a. The City will can reallocate money to other recreational projects/facilities; b. The City will become eligible to apply for the ECHO program including a potential large scale project; and c. The City will not have to manage the two projects. Disadvantages: a. The two projects are part of the City ecotourism initiative. Not undertaking these projects will delay implementation of City ecotourism economic development oriented goals; b. The City will not be able to readily take advantage of the $40,000 in design investment; and c. The City will be responsible for reimbursing the Blue Heron Phase II contractor for $90,000 in current expenses related to this project. 2. Do no approve Resolution No. 2022-04. Advantages: a. Ecotourism goals will be more quickly realized; b. The City will be able to more readily take advantage of a design investment in the projects; and c. The City will not be confronted with having to reimburse the Blue Heron Phase II contractor for expenses. Disadvantages: a. City will not be reallocating money to other projects; b. The City will have to finish the projects to become eligible for EHCO funding; and c. The City will have to manage the projects. 3. Approve Resolution No. 2022-05 to withdraw the Rookery Nature Park and complete Blue Heron Phase II. Advantages: a. Compared to Rookery, the Blue Heron Phase II nature park is a simpler and more achievable project. In fact, Blue Heron City of Deltona Page 15 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Phase II is already awarded a bid. Project can be completed with little effort in a short period of time; b. The City can realize some of its ecotourism goals more readily; c. By accomplishing this project, the City will be eligible to make future ECHO applications; d. The City can take more immediate advantage of the $10,523.10 design investment; and e. The City will not have to pay contractor expenses. Disadvantages: a. The City will still have to manage the project including close out. Attachments: ResNo. 2022-04 ResNo. 2022-05 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. However, individual Commissioners may wish to respond under their "City Commission Comments". 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. City of Deltona Page 16 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 A. Request approval of a contract with a Tyler Technologies to purchase Pattern Stream Automated Document System software for creating an American Disabilities Act compliant budget book for a total cost of $28,559 - Mari Leisen, Finance (386) 878-8553. Strategic Goal: Fiscal Issues/Balanced Budget Background: The Finance Department, to prepare a budget that is compliant with the American Disability Act, would like to purchase Pattern Stream Automated Document System, a cloud-based budget software. The software will aid the Finance Department in preparing an annual budget that is not only complaint with federal regulations, but also accurate, interactive and transparent for all users. OPTIONS: 1. Approve - Proceed with the purchase of Pattern Stream Automated Document System software. 2. Deny - We will need to find another provider for software that creates an ADA compliant budget book. Attachments: PatternStream Software B. Request approval of a purchase order with Atlantic Pipe Services for the lining of approximately 160 lineal feet of stormwater pipe located adjacent to 2090 Lakebreeze Way, piggybacking on an active Brevard County contract in the amount of $30,171.00. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: Staff is requesting approval to make a stormwater pipe repair utilizing an active Brevard County project. The project will provide video taping, cleaning and pipe lining of approximately 160 lineal feet of 30-inch storm pipe to avoid collapse and replacement of the pipe in the future. OPTIONS: 1. Approve - Proceed with the pipe lining project. 2. Deny - Remove and replace the pipe in the future following failure. City of Deltona Page 17 Printed on 3/17/2022 City Commission Regular Commission Meeting March 21, 2022 Attachments: Deltona - 2090 Lake Breeze Way 11-12-21 Draft-Piggyback Agreement - APS-2090 Lakebreeze Way Equipment List Invitation to Bid Lakebreeze Way Pipe Lining Map Price Sheet Qualifications and References B52132 Addendum 2 B52132 Inv & Specs B52132-CIPP-NOA Confirmation of Drug Free Workplace Contractor Affidavit_Scrutinized Company List 12. CITY COMMISSION SPECIAL REPORTS: 1. Round Table of Volusia County Elected Officials 2. TPO (Transportation Planning Organization) 3. AHAC (Affordable Housing Advisory Committee) 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 18 Printed on 3/17/2022