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, April 18, 2022 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner King. 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 April 4, 2022 and Special Commission Meeting of April 6, 2022, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: April 4, 2022 RCM Minutes April 6, 2022 SCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by Terri Ellis on the Deltona Community Gardens accomplishments, needs and future plan. Background: Mrs. Terri Ellis will be giving a PowerPoint Presentation on the Deltona Community Gardens accomplishments, needs and future plan. City of Deltona Page 1 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: Deltona Community Gardens 2022.pdf B. Proclamation - Sexual Assault Awareness Month Background: Proclaiming May as Sexual Assault Awareness Month to increase awareness about the causes and risk factors for sexual assault and to empower individuals to take steps to prevent it in their communities. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 07-2022, rezoning request (RZ21-0004) for a ±39.36-acre tract from Single Family Classification (R-1A) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Background: The City of Deltona received an application for a rezoning to change the zoning on a ±39.36-acre parcel from R1-A (Single Family Classification) to Residential Planned Unit Development (RPUD). The project is planned to be developed with 126 lots to support detached single family dwellings. The Lakeside Landing RPUD lot sizes will include 45-foot, 50-foot, and 70-foot widths and a minimum lot size of 5,625 square feet. Larger lots will be in the 10,000 square foot range. The project will have two access points. There will be a proposed roadway connection to Alex Lane and an extension to Barger Drive. The project features community amenities including natural preservation land, an open play area, and a walking trail around the pond (Tract E) with a trail connection. For more information relating to the project, see the attached staff report and related graphics. The Future Land Use designation of this property is Low Density Residential (LDR) (0-6 dwelling units per acre). The Residential Planned Unit Development proposes a maximum net density of 3.27 dwelling units per acre, which is consistent with the Future Land Use Element of the Comprehensive Plan. The applicant is proposing 126 units as part of this rezoning. The density thresholds of the LDR, or any land use designation are expressed in gross terms. There are features like open water bodies, other physical features, and easements that may result in a reduction of actual density. In addition, Right-of-Way dedications and infrastructure like stormwater and environmental constraints can impact the final net density associated with a project. In comparison to the existing R1-A zoning, the site is currently entitled to have up to a gross density of four dwelling units per acre (157 units). After approximate calculations accounting for the minimum 9,500 City of Deltona Page 2 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 square-foot lot size, Lake Sidney open water area, and infrastructure (stormwater, roads, utilities, and landscape buffers), staff determined the site could possibly accommodate about 100 single-family lots. Although the proposal provides for approximately 26 more lots, the applicant is providing sewer and reclaim connections to the site from the Courtland Boulevard & Fort Smith Boulevard intersection, further improving utility availability and improving conditions to the Blue Springs Basin. The proposed design protects significant natural wetland habitat and lakefront areas along Lake Sidney; furthermore, lake access and a trail network for passive recreational enjoyment will be created. The majority of wetlands will not be impacted and will be afforded a 25-foot upland buffer as per City wetland protection regulations. Small wetlands labeled as Wetland 2 (0.09-acre) and 4 (0.07-acre) in the environmental assessment are anticipated to be developed by the applicant for a lift station and Lots 84 & 85, respectively. Environmental report is attached as part of the staff report package. However, these small portions are considered exempt per Section 98-55 of the City’s Land Development Code, and will be addressed by the Development Review Committee at the time of subdivision application. Staff will also require the applicant provide exemption confirmations from Florida Department of Environmental Protection and any other agencies which oversee wetland protection. Under the existing zoning classification of the site (R1-A), no development agreement is required between the City and the property owner/developer. The Lakeside Landing RPUD Development Agreement (DA) contains the obligations of the owner/developer and the City, and lays out the various conditions and standards that will control the development of the property (i.e. amenities, parking, homeowner association, environmental protection requirements, etc.). The DA also illustrates how the property will be developed by articulating requirements such as minimum lot sizes, setbacks, etc. A copy of the DA is attached as an exhibit to Ordinance No. 07-2022. On March 30, 2022, the Planning and Zoning Board heard the Lakeside Landing RPUD rezoning request. The Planning and Zoning Board voted five (5) to two (2) to forward this ordinance to the City Commission with a recommendation to deny the RPUD rezoning request. Reasons cited for the denial include traffic impacts, greater density over the existing zoning entitlements, and environmental concerns. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 3 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 OPTIONS: 1. Approve the Lakeside Landing RPUD rezoning request from R1-A to RPUD with the proposed changes to the Development Agreement. Advantages: a. The approval of this project will result in the entitlement of a 126-unit residential infill development intended to be fully serviced by utilities and other infrastructure. The infill nature of the project makes more efficient use of existing land resources and City investments in infrastructure.3 b. The project will be developed with amenities like a trail and tot lot. c. The natural features of the site are integrated with the proposed development. d. The subdivision will be managed by a Homeowner Association (HOA). Disadvantages: a. As planned, the project will impact wetlands. According to the MDP, two lots and a future lift station tract are proposed to be located within small existing wetlands. b. Approval of the project will also bring about increased traffic volumes along the local road system, the project is anticipated to generate up to 127 average daily trips over existing zoning entitlements. 2. Do not approve the Lakeside Landing RPUD rezoning request from R1-A to RPUD. Advantages: a. The area will remain unchanged until possibly developed under existing zoning entitlements. City of Deltona Page 4 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 b. There will be less traffic in the area. c. Wetland areas will remain in a natural state. Disadvantages: a. There will be no infill, compact development and a less efficient use of land and infrastructure. b. Under the existing zoning classification of the site (R1-A - Single-Family maximum density of four dwelling units per acre) no development agreement is required between the City and the property owner/developer. The PUD development agreement contains the obligations of the owner/developer and the City, and lays out the various conditions and standards that will control the development of the property (i.e. amenities, parking, Homeowner Association, environmental protection requirements, etc.). Attachments: Staff Report w. attachments Ordinance 07-2022 w. Exhibits B. Public Hearing - Ordinance No. 06-2022 amending the Comprehensive Plan of the City of Deltona, to add Section 11, Property Rights Element to comply with Florida Statutes requirements at first hearing - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Productive Government Background: On June 29, 2021, House Bill 59, became a law as Chapter 2021-195 amending Florida Statutes Section 163.3177. The amendment to Section 163.3177(6)(i), F.S. requires local governments to include a property rights element in their comprehensive plan to ensure that private property rights are considered in local decision making. Any comprehensive plan amendment submitted to the Department of Economic Opportunity (DEO) after July 2, 2021, without the municipality adopting the Property Rights Element will be returned to the local government without review by the DEO. A local government may adopt its own property rights element or use the statement of rights provided in Section 163.3177(6)(i). To this effect, staff is proposing to add the statement of rights provided in Section 163.3177(6)(i) F.S., in the format of Goals, Objectives, and Policies to the City of Deltona Comprehensive Plan by way of Section City of Deltona Page 5 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 11-Property Rights Element. The proposed Policies provided in Exhibit A of Ordinance No. 06-2022 have been written verbatim from the Florida Statutes. The Planning and Zoning Board heard Ordinance No. 06-2022 at their scheduled meeting on March 23, 2022. The Planning and Zoning Board voted to forward this ordinance to the City Commission with a recommendation to approve and transmit to the Department of Economic Opportunity (DEO) and to the Volusia Growth Management Commission (VGMC). The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1) Approve and transmit Ordinance No. 06-2022 to the Department of Economic Opportunity (DEO) and to the Volusia Growth management Commission (VGMC). Advantages: a. The City will remain in compliance with State planning laws; and b. Comprehensive Plan amendments submitted to the Department of Economic Opportunity will be reviewed by the Department. Disadvantages: a. None. 2) Do not approve and do not transmit Ordinance No. 06-2022 to the Department of Economic Opportunity (DEO) and to the Volusia Growth management Commission (VGMC). Advantages: a. None. Disadvantages: a. The City will not be in compliance with State planning laws; and b. The Department of Economic Opportunity will not review any Comprehensive Plan amendment submitted to the Department and will return it to the City. City of Deltona Page 6 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: STAFF REPORT 2021 FLORIDA STATUTES-SECTION 163-3177 ORDINANCE NO 06-2022 EXHIBIT A C. 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 second and final 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. The City Commission approved the first reading Ordinance 05-2022 on March 21, 2022. The ordinance nor supporting materials have changed since the first reading approval. 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: City of Deltona Page 7 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 1) Approve the CIE update (Ordinance No. 05-2022). Advantages: 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 D. 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 second and final 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 allowing 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. 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 City of Deltona Page 8 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 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 7:00 am to 10:00 pm. 11) Number of food trucks will be controlled by available parking. 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 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 City of Deltona Page 9 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 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 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 City of Deltona Page 10 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 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 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 E. Public Hearing - Resolution No. 2022-06, Request for approval of the 2022-2023, 2023-2024 and 2024-2025 SHIP Local Housing Assistance Plan (LHAP) - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Community Development. City of Deltona Page 11 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Background: The City is an entitlement community and receives funds from the Florida Housing Finance Corporation (FHFC) through the State Housing Initiatives Partnership (SHIP) program. Every local government that participates in the SHIP program is required to adopt a Local Housing Assistance Plan (LHAP). A LHAP contains strategies that outline how SHIP money can be allocated within an entitlement community. The FHFC requires that a local government LHAP be updated every three years. The intent is to ensure a plan does not become stale and it reflects current community values. To adhere to the FHFC LHAP update requirement, City staff has proposed changes to the City of Deltona LHAP. A copy of the updated LHAP is attached. In an effort to assist in the review of the revised document, major changes to the LHAP are summarized as follows: 1) The award amount for the Owner Occupied Rehabilitation Strategy has been increased from $40,000 to $60,000. The $20,000 increase is warranted to address the escalating costs of construction. In addition, the deferred maintenance associated with some of the properties being encountered by staff can be considered extreme. Since the City is going to be potentially investing large amounts of money into a typical rehabilitation project, the new LHAP does not have a sunset timeframe for the 0% soft second mortgage. The City will eventually be paid back the amount invested in a dwelling when the title transfers. The goal is the City will reinvest the recaptured money into the program to provide assistance to other eligible households. However, the Owner Occupied Rehabilitation Strategy still provides a grant option for a one time roof replacement - up to $15,000 - for elderly extremely low and very low income applicants only. 2) The award amount for the Purchase Assistance has been increased to $60,000 for very low income; $55,000 for low and $50,000 for moderate income applicants. However, the rehabilitation component of the Purchase Assistance Strategy has been maintained at $15,000. With the increased costs of buying a house, tighter lending standards and other factors, many low and moderate income households are unable to qualify for home purchase. Therefore, more resources are proposed to be allocated to the Purchase Assistance strategy to overcome these dynamics. 3) Disaster Assistance is to address impacts to homes as a result of a declared disaster event. The amount of assistance has been increased from $15,000 to $25,000. The intent is the disaster assistance City of Deltona Page 12 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 allocation would be used to reimburse income eligible applicant insurance deductibles. In addition, for those income eligible households without insurance an amount up to $25,000 will be awarded as a 15 year note. 4) The City has proposed a new strategy known as Acquisition/Rehabilitation/Construction. This strategy includes the City obtaining properties and or dwelling units for the purpose of either rehabilitating existing dwellings or constructing new ones. The dwellings would then be sold to income eligible households. The intent is to ensure the units will be affordable into perpetuity. Implementation of this continued affordability goal includes a community land trust model where the land value is separated from value of the dwelling. In addition, extra affordability safeguards could be built into the process to include, but not limited to, resale to only income qualifying buyers. This new strategy establishes the foundation for innovative ways for the City to facilitate affordable housing choices. A possible scenario for the implementation of the strategy would be the construction or rehabilitation of single family detached homes on existing platted lots scattered throughout the City. Finally, to help manage this strategy, there is an option to partner with a non-profit who would be familiar with the community land trust paradigm. For more information see the attached updated LHAP. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the new LHAP. Advantages: a. The City will remain in compliance with State planning requirements and maintain the entitlement status; b. The City will update its LHAP to better respond to changing times in a manner that ensures needy populations are assisted and affordability is continued; and c. The City will lay the ground work for an innovative way to ensure affordable housing choices through a community land trust. Disadvantages: a. Certain owner occupied repair assistance activities would no longer be subject to a sunset clause thus making the program less appealing to some. City of Deltona Page 13 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 2. Do not approve the new LHAP. Advantages: a. Certain owner occupied repair assistance activities would be subject to a sunset clause thus making the program more appealing to some. Disadvantages: a. The City could lose SHIP funding; b. The Local Housing Assistance Plan (LHAP) would become stale and not responsive to changing times and circumstances: and c. The City will lose money that could be reinvested in the community. Attachments: LHAP -2022-2023, 2023-2024, 2024-2025 -PDF Resolution No. 2022-06 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request for Approval of new Agreement for Events Manager, Joe Hern Events. - John Peters, Acting City Manager (386) 878-8850. Strategic Goal: Fiscal Background: Attached is an Agreement for Events Manager for The Center. Joe Hearn is currently the contracted Events Manager for The Center. The new agreement clarifies the scope of services within the agreement and with Exhibit A attached. The compensation shall be $4000.00 per month with a monthly commission of 10% of The Center’s revenues, excluding sales from alcohol which will not be in said commission, sales taxes, and commission of any and all revenues from Encore Catering or other business affiliates directly related to Joe Hearn Events. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve - use if Agreement for Events Manager with the clarification in the agreement. 2. Deny- City could continue with current agreement without clarifications. City of Deltona Page 14 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: Event's Manager Agreement 2022 B. Request for approval of Resolution No. 2022-07 and the Florida Department of Transportation Local Agency Program (LAP) Agreement for the Providence Trail Doyle Road to Alexander Avenue South Segment project in the approximate amount of $750,685.00 - Steven Danskine, Public Works, 386-878-8998. Strategic Goal: 5 - Public Safety Background: In 2018, the City undertook the Providence Multi-Use Trail LAP Project with FDOT for the design and construction of the above referenced project. Design is complete and this project is advancing towards bidding and construction, therefore the Construction phase LAP agreement needs to be entered into. The Florida Department of Transportation Local Agency Program (LAP) project referenced above will add a multi-use trail in the area referenced. The agreement states the amount of Federal/FDOT funding as $735,479.00 with the City of Deltona responsible for approximately $750,685.00 for remaining construction and construction engineering inspection (CEI). Final costs will be determined upon receipt of bids. OPTIONS: Option 1: Approve - Proceed with the construction of the multi-use trail in concert with FDOT and the TPO. Option 2: Disapprove - Construct the project using City funds. Option 3: Disapprove - Abandon the project. Attachments: 445028-2-58_68-01 (FY22) - LAP - Deltona - Providence Trail Resolution No. 2022-07.pdf C. Request for approval of participation in the State of Florida settlements with CVS, Teva and Allergan in the opioid litigation - City Attorney Skip Fowler, Legal Department (386) 878-8872. Strategic Goal: Fiscal & Public Safety Background: The State of Florida recently reached settlements with CVS, Teva and Allergan in the opioid litigation. The proposed settlements are comprised of cash and product to combat the opioid crisis in Florida. With respect to the cash portion, the total is approximately $813,026,499 ($484 million from CVS to be paid over 18 years and $329,026,499 from Teva/Allergan to be paid over 11 years). The proposed settlements also include approximately $84 million worth of product to combat the opioid crisis (Narcan). These settlement funds City of Deltona Page 15 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 will be allocated between the State and local subdivisions pursuant to the existing statewide allocation agreement (aka the MOU), using the same allocation model applied to prior settlements. As you will recall, the State of Florida was allocated approximately $1.6 billion dollars from the historic Big Three Distributor and J&J settlements. Thus, these proposed settlements increase Florida local governments’ potential recovery to combat the opioid crisis by just over 50%. Based on the AG’s projected estimates, and assuming 100% statewide participation by litigating entities, your estimated total allocation from these settlements is as follows: Settlement City/County Fund Allocation CVS $131,557 Teva $52,956 Allergan $36,477 In addition to the above amounts, you may also benefit indirectly from Regional Funds that will be paid to Volusia County to be used for opioid abatement purposes within the county. As more information becomes available and these projected amounts are fully verified, we will keep you informed. ACTION REQUIRED: Attached are the Participation Agreements for each settlement. As you can see, these are very similar to the Participation Agreement’s Deltona City Commission previously executed for the prior settlements. It is recommended to participate in all three proposed settlements, and ask, if necessary, that the City of Deltona put the review of these settlements on the next meeting agenda, or as soon as possible in the month of April. Once executed, the Participation Agreements should be e-mailed to participation@nationalopioidsettlement.com <mailto:participation@nationalopioidsettlement.com> with a copy to Romano Law Group (eric@RomanoLawGroup.com <mailto:eric@RomanoLawGroup.com>). OPTIONS: 1. Approve- City would participate in the State of Florida settlements with CVS, Teva and Allergan in the opioid litigation. 2. Deny- City would not participate in the State of Florida settlements with CVS, Teva and Allergan in the opioid litigation. City of Deltona Page 16 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: Teva Subdivision Settlement Participation Form (1).pdf Allergan Subdivision Settlement Participation Form (2).pdf CVS Subdivision Settlement Participation Form.pdf 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. A. Request approval of a purchase order with Atlantic Pipe Services for the lining of approximately 186 lineal feet of stormwater pipe located adjacent to 2365 Newmark Dr, piggybacking on an active Brevard County contract in the amount of $33,657.00. - 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 186 lineal feet of 30-inch storm pipe to avoid collapse and replacement of the pipe in the future. City of Deltona Page 17 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 OPTIONS: 1. Approve - Proceed with the pipe lining project. 2. Deny - Remove and replace the pipe in the future following failure. Attachments: Contractor Affidavit_Scrutinized Company List Deltona - 2365 Newmark Drive 11-12-21 Draft-Piggyback Agreement - APS-2365 Newmark Drive Equipment List Invitation to Bid Price Sheet Qualifications and References B52132 Addendum 2 B52132 Inv & Specs B52132-CIPP-NOA Confirmation of Drug Free Workplace B. Request approval of Continuing Service Contracts with Ardaman & Associates, Nadic Engineering, and Professional Service Industries for On-Call Geotechnical Engineering Services. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: On February 15, 2022, the City of Deltona opened RFQ No. 22021 for Continuing On-Call Geotechnical Engineering Services. Eight (8) respondents were subsequently evaluated by the City’s Engineering Department in accordance with the criteria outlined in the RFQ. The results of the evaluation recommended engaging in Continuing Services Contracts with Ardaman & Associates, Nadic Engineering, and Professional Service Industries (PSI). OPTIONS: 1. Approve - Proceed with contracting and engage with the firms for their services in the interests of the City. 2. Deny any or all - These services will need to be sought by other means. City of Deltona Page 18 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: Deltona On-Call Geotech NADIC Memo Award For Approval - RFQ#22021 Nadic - Staff Billable Rate Forms PSI 2022 Price Schedule PSI Unit Rate Schedule 2022 RFQ No 22021 - PSI RFQ#22021, OnCallGeotechnicalEngSvcs_Ardaman_FINAL 2022 NADIC Fee Rates - Professional and Field Services Agreement-Ardaman Associates, Inc. for RFQ #22021 On-Call Geotechnical Eng Agreement-Nadic Engineering for RFQ #22021 On-Call Geotechnical Engineerin Agreement-Professional Service Industries Inc (PSI) On-Call Geotechnical Engin Ardaman & Associates 2022 City of Deltona Fee Schedule_3-11-22_FINAL C. Request approval of Continuing Service Contracts with CPH, Halff Associates, and Mead & Hunt for On-Call Civil Engineering Services. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: On February 15, 2022, the City of Deltona opened RFQ No. 22018 for Continuing On-Call Civil Engineering Services. Eleven (11) respondents were subsequently evaluated by the City’s Engineering Department in accordance with the criteria outlined in the RFQ. The results of the evaluation recommended engaging in Continuing Services Contracts with CPH, Halff Associates, and Mead & Hunt. Civil Engineering Services include roadway design, site development, and other services not covered by Utility and Stormwater Continuing Consultant Services. OPTIONS: 1. Approve - Proceed with contracting and engage with the firms for their services in the interests of the City. 2. Deny any or all - These services will need to be sought by other means. City of Deltona Page 19 Printed on 4/14/2022 City Commission Regular Commission Meeting April 18, 2022 Attachments: Halff 2021 Standard Hourly Rate Schedule Halff Submittal RFQ 22018 Cont On Call Civil Engineering Services Mead & Hunt Billing Rates - 2022 Municipal Rates for DT Civil Contract Memo Award For Approval - RFQ #22018 RFQ.22018_MeadHunt Agreement-CPH, Inc. RFQ #22018 On-Call Civil Engineering Consultant with E-V Agreement-Halff Associates, Inc. for RFQ #22018 On-Call Civil Engineering Con Agreement-Mead Hunt for RFQ #22018 On-Call Civil Engineering Consultant wit CPH Hourly Billing Rates FL Dec 2021 CPH_Response RFQ22018 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 20 Printed on 4/14/2022