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City Commission

Regular Meeting

Deltona, FL · May 2, 2022

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, May 2, 2022 6:30 PM Deltona Commission Chambers 2ND REVISION 04/28/22 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Vice Mayor Avila-Vazquez. 2. ROLL CALL – CITY CLERK: Present: 6 - Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner Bradford Commissioner King Commissioner Ramos Commissioner Sosa Absent: 1 - Commissioner McCool 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting and Executive Session of April 18, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Ramos, seconded by Commissioner Bradford, to approve the minutes of the Regular Commission Meeting and Executive Session of April 18, 2022, as presented. The motion carried by the following vote: For: 5 - Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa 5. PRESENTATIONS/AWARDS/REPORTS: City of Deltona Page 1 Printed on 5/9/2022 City Commission Minutes May 2, 2022 A. Super Star Student of the Month Certificates April 2022. B. Proclamation - National Clerk’s Week C. Proclamation National Bike Month - May 2022 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 second and final reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Enhance the attractiveness of the City Motion by Commissioner Bradford, seconded by Commissioner King, to adopt Ordinance No. 03-2022 updating Chapter 22, Businesses, to include regulations for mobile food dispensing vehicles at second and final reading. The City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 4 - Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, and Commissioner Ramos Against: 1 - Commissioner Sosa 7. OLD BUSINESS: 8. NEW BUSINESS: A. Approval of revised standardized Facility Use Agreement for the Parks and Recreation Department. John Peters, III (386) 878-8850. Strategic Goal: Internal/External Communication Motion by Commissioner King, seconded by Commissioner Ramos, to approve the revised facility use agreement for the Parks and Recreation Department, the Acting City Manager is authorized to make corrections to scrivener's errors. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa City of Deltona Page 2 Printed on 5/9/2022 City Commission Minutes May 2, 2022 B. Approval to negotiate Facility Use Agreements with Youth Soccer Organizations. John Peters, III, Acting City Manager. (386) 878-8850. Strategic Goal: External/internal Communication Motion by Commissioner Bradford, seconded by Commissioner Sosa, to authorize the Acting City Manager to negotiation and execute new facility use agreement for Deltona Youth Soccer to provide youth soccer programs in the City of Deltona. The motion carried by the following vote: For: 4 - Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner Ramos, and Commissioner Sosa Against: 2 - Mayor Herzberg, and Commissioner King C. Request approval of the Municipal Utility Installation and Reimbursement Agreement with Starlight Homes Florida LLC (Island Walk South Subdivision) for the Force Main upsize on Lake Helen Osteen Road in connection with Island Walk South Subdivision.- Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to approve the Municipal Utility Installation and Reimbursement Agreement with Starlight Homes Florida LLC. (Island Walk South Subdivision) for the Force Main upsize on Lake Helen Osteen Road in connection with Island Walk South Subdivision. 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: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa D. Request approval of an Interlocal Agreement Between the City of Deland, City of Deltona, City of Orange City, and County of Volusia as Water Suppliers to Conduct a Capital Improvement Plan Coordination Study at a cost of $120,000. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. City of Deltona Page 3 Printed on 5/9/2022 City Commission Minutes May 2, 2022 Strategic Goal: Infrastructure Motion by Commissioner Bradford, seconded by Vice Mayor Avila-Vazquez, to approve an Interlocal Agreement Between the City of Deland, City of Deltona, City of Orange City, and County of Volusia as Water Suppliers to Conduct a Capital Improvement Plan Coordination Study at a cost of $170,000. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to extend the meeting by 30 minutes. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa E. Request for approval of Resolution No. 2022-10 and budget amendment to provide funding for of the ABM Building Services, LLC contract. The contractor will identify and prioritize ADA compliance issues and overall deficiencies of City buildings and facilities. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to recommend approval of Resolution No. 2022-10 and the budget amendment to move $50,000 from General Fund Balance to fund the ABM Building Services, LLC contract to manage the building and facilities improvement projects. The Acting City Manager has the authority to correct scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa F. Request approval to remove old tank coatings and recoat three ground storage tanks with Crom Coatings And Restorations, in accordance with City of Deltona Page 4 Printed on 5/9/2022 City Commission Minutes May 2, 2022 their Agreement with the City of Deltona and RFP# PW 18-09 for Contracted as Needed Repairs & Modifications to the Ground Storage Tanks, in the amount of $423,300.00. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Motion by Commissioner Bradford, seconded by Commissioner King, to approve the removal of the coatings and recoatings of three Ground Storage Tanks with Crom Coatings and Restorations, in the amount of $423,300.00. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa G. Section 11(1) of the City of Deltona Charter (“Charter”) which requires that the Charter be reviewed at least every 10 years. This item is to review the material requested by the Commission during the April 6, 2022 Special Meeting. - Stacey Kifolo, Deputy City Manager (386) 878-8552. Strategic Goal: Effective Governance The Commission concurred to move forward and bring forth an ordinance for the first public hearing and to schedule the second public hearing. H. Consideration of appointment of one (1) member to the Planning and Zoning Board - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Mayor Herzberg passed the gavel to Vice Mayor Avila-Vazquez. Motion by Mayor Herzberg, seconded by Commissioner Ramos, to confirm Mayor Herzberg's appointment of Susan Berk to the Planning and Zoning Board for a term to expire on March 15, 2025. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa Vice Mayor Avila-Vazquez passed the gavel to Mayor Herzberg. City of Deltona Page 5 Printed on 5/9/2022 City Commission Minutes May 2, 2022 I. Consideration of amended contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Mayor Herzberg passed the gavel to Vice Mayor Avila-Vazquez. Motion by Mayor Herzberg, seconded by Commissioner King, to approve the attached modified Contract with Mr. John A. Peters, III as Acting City Manager and authorize the Mayor to execute the contract on behalf of the City and to include a 480 hour cap on vacation and 480 hour cap on sick time. Amended motion by Mayor Herzberg, seconded by Commissioner King, to remove the 480 hours of sick time cap until eligible. The motion carried by the following vote: For: 4 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner King, and Commissioner Ramos Against: 2 - Commissioner Bradford, and Commissioner Sosa Vice Mayor Avila-Vazquez passed the gavel to 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. 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. Charles Vance, 2270 Asbury Road, Deltona, spoke about RFP (Request For Proposal), changes, soccer programs, insurance, advertising and delays. Brandy White, Deltona, spoke about FUA (Facility Use Agreement), fees, Parks & Recreation Department, paid leave and All Nations Sports/Liverpool. Motion by Commissioner Sosa, seconded by Commissioner Ramos, to extend the meeting time another 30 minutes to 11:30 p.m. The motion carried by the following vote: City of Deltona Page 6 Printed on 5/9/2022 City Commission Minutes May 2, 2022 For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa 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. Motion by Commissioner Ramos, seconded by Commissioner Bradford, to approve Consent Agenda Items 11-A through 11-C. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa A. Request approval to award Bid# PW22027, Drainage Ditch Mowing services to J-Mac Cleaning Services, Inc. with their primary office in Melbourne, Florida to provide stormwater ditch and canal mowing services with locations Citywide at a rate of $39,000 per mowing cycle. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Approved by Consent - to approve the award of bid to J-Mac Cleaning Services, Inc. for Drainage Ditch Mowing Services Citywide in the amount of $39,000 per mowing cycle. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. B. Request for approval of Resolution No. 2022-09 and budget amendment to provide funding to complete the Hazard Mitigation Grant Program (HMGP) City of Deltona Page 7 Printed on 5/9/2022 City Commission Minutes May 2, 2022 project. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Infrastructure Approved by Consent - to recommend approval of Resolution No. 2022-09 and the budget amendments to provide funding to complete the Hazard Mitigation Grant Program (HMGP) project. The Acting City Manager has the authority to correct scrivener’s errors and the like. C. Request for approval of Resolution No. 2022-08 and budget amendment to provide funding for the position of Captain - Assistant Fire Marshal. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Approved by Consent - to approve of Resolution No. 2022-08 and the budget amendment to provide $34,900 from the General Fund Balance to the Fire Administration Department to fund the Captain - Assistant Fire Marshal position for the remaining four months of FY2022. The Acting City Manager has the authority to correct scrivener’s errors and the like. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: A. Settlement of pending litigation. The City Attorney requested the Commission confirm the settlement and authorize the Mayor's signature for Dr. Cooper's lawsuit. Motion by Commissioner Bradford, seconded by Vice Mayor Avila-Vazquez, to approve the suit as negotiated by the attorneys on Dr. Cooper's case. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa 14. CITY MANAGER COMMENTS: A. Opioid Settlement - Designation of government official. The Acting City Manager stated there is a portion of the opioid settlement that involves creating a government committee to oversee the county element and staff is recommending to appoint Sheriff Chitwood who has indicated he is willing to serve on this committee. City of Deltona Page 8 Printed on 5/9/2022 City Commission Minutes May 2, 2022 Motion by Commissioner Ramos, seconded by Vice Mayor Avila-Vazquez, to appoint Sheriff Chitwood as the designated government official for the City of Deltona to the opioid settlement government committee. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Ramos, and Commissioner Sosa The Acting City Manager stated he received a request from Halifax Health to do a presentation on July 5th to introduce their wound care surgeons and per the Commission's policy presentations are to be approved in advance by the Commission. The Commission concurred to have Halifax Health to do a presentation on July 5th to introduce their wound care surgeons. The Acting City Manager read an upcoming advertisement regarding the upcoming Primary and General Election to include the vacancy to District #5. 15. CITY COMMISSION COMMENTS: Commissioner Sosa spoke about resigning to run, a special election, District #4 vacancy, appointment vs. elected, and the effective date. Mayor Herzberg spoke about the Acting City Manager's contract, turnover, the City, the process, qualifications, residency, cost of living, history, severance, benefits, directors, policies, and addressing situations. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 11:24 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 9 Printed on 5/9/2022 City Commission Minutes May 2, 2022 City of Deltona Page 10 Printed on 5/9/2022

Agenda

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, May 2, 2022 6:30 PM Deltona Commission Chambers 2ND REVISION 04/28/22 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. 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 and Executive Session of April 18, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: April 18, 2022 RCM Minutes.pdf April 18, 2022 Exe. Session Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates April 2022. Background: Super Star Student of the Month Awards for April 2022 will be presented to: City of Deltona Page 1 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 1. Discovery Elementary - Jovonee Henry, Kindergarten 2. Timbercrest Elementary - Selena Moodie, 4th grade 3. Deltona Lakes Elementary - Everly Shelley, 1st grade 4. Enterprise Elementary - Jayven Gonalez - 4th grade 5. Pride Elementary - Dante Gomez - 5th grade 6. Spirit Elementary - Jerahmyah Rivera Martinez, 5th grade 7. Sunrise Elementary - Sadie Bond, 1st grade 8. Deltona Middle - Ivanna Castillo, 8th grade 9. Galaxy Middle - Jaqavious Christian Tyrone Willis - 6th grade 10. Heritage Middle - Mckenzie Knowles, 8th grade 11. Pine Ridge High - Joseangel Garcia, 10th grade 12. Deltona High - Veronica Puckett, 11th grade B. Proclamation - National Clerk’s Week Background: A proclamation to recognize the week of May 1 - May 7, 2022 as Municipal Clerk’s Week to extend our appreciation to our Municipal Clerk, Deputy City Clerk and staff for the vital services that they perform and their exemplary dedication to the City of Deltona. C. Proclamation National Bike Month - May 2022 Background: National Bike Month is a celebration of cycling held every May in the United States. It is sponsored by the League of American Bicyclists and celebrated in communities from coast-to-coast. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling and to encourage more folks to giving bicycling a try. 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 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. City of Deltona Page 2 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 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 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 City of Deltona Page 3 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 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 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 City of Deltona Page 4 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 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 inadvertently cause parking problems. d. Fire safety requirements will be more difficult to implement. e. The aesthetic of City thoroughfares could be negatively City of Deltona Page 5 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 impacted. Attachments: Food Truck OrdinanceMarch22.pdf OSC_7192219_Affidavit.pdf 7. OLD BUSINESS: 8. NEW BUSINESS: A. Approval of revised standardized Facility Use Agreement for the Parks and Recreation Department. John Peters, III (386) 878-8850. Strategic Goal: Internal/External Communication Background: The City’s standardized facility use agreement was last revised on May 5, 2015. The new standardized facility use agreement clarifies the dates, times, and fields/facilities being utilized and the fees associated with the activities. When this facility use agreements are executed in the future, the City staff will include separate Code of Conduct forms for parents, participants, and signatories to be executed by all parties. OPTIONS: 1. Approve new standardized facility use agreement- Parks & Recreation will proceed with new facility use agreement. 2. Deny new standardized facility use agreement- Parks & Recreation will continue with previous facility use agreement in place. Attachments: FUA 2022 Coaches, Players, and Parents Conduct Policies & Pledges.pdf B. Approval to negotiate Facility Use Agreements with Youth Soccer Organizations. John Peters, III, Acting City Manager. (386) 878-8850. Strategic Goal: External/internal Communication Background: Currently there are two Youth Soccer Organizations that responded to a Request for Proposals (RFP) who desire to use the City facilities. The revised facility use agreements will include the fields, dates, and times for each organization to use City fields. These agreements will be based on five dollars per participant per season. We are requesting that the Commission authorize the Acting City Manager to finalize and sign the negotiated facilities use agreements with All Nations and Deltona Youth Soccer. OPTIONS: City of Deltona Page 6 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 1. Authorize the Acting City Manager to negotiate and execute Facilities Use Agreements with All Nations and Deltona Youth Soccers. 2. Deny negotiation- no facility use agreement will be entered at this time. C. Request approval of the Municipal Utility Installation and Reimbursement Agreement with Starlight Homes Florida LLC (Island Walk South Subdivision) for the Force Main upsize on Lake Helen Osteen Road in connection with Island Walk South Subdivision.- Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: Island Walk South Subdivision was approved on March 31, 2022 and included the request from the City of Deltona for Island Walk South Subdivision to upsize their required Force Main along Lake Helen Osteen Road to facilitate utility service to both existing and new customers in the area. The agreement outlines the cost of the pipe upsize and the City’s responsibility to pay for the difference in pipe and to grant impact fee credit for the base cost of the utility extension. 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. Approve: Proceed with upsize and impact fee credit agreement and construction will proceed. 2. Deny: Construction of the force main and residential subdivision may not occur. Attachments: Commission Ready Island Walk South Utility Agmt 4.20.22 D. Request approval of an Interlocal Agreement Between the City of Deland, City of Deltona, City of Orange City, and County of Volusia as Water Suppliers to Conduct a Capital Improvement Plan Coordination Study at a cost of $120,000. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: The members of the West Volusia Water Suppliers (WVWS) previously engaged in an interlocal agreement to study, and ultimately construct a rapid aquifer recharge project at an abandoned borrow pit adjacent to Blue Springs. This project was undertaken in an effort to address items in the Blue Springs Basin Management Action Plan, and assist each City of Deltona Page 7 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 member in obtaining Consumptive Use Permits (CUP) in order to meet future water supply demands. During the course of the Borrow Pit Study, it was determined that adequate flows would not be obtained through this project to meet the needs of the majority of the members, therefore that project has been abandoned, and unexpended funds retained by each member. As the underlying needs have not been satisfied, it has been determined by the representatives of the 4 agencies to attempt to identify alternative projects to work cooperatively on to meet the requirements of the regulatory agencies, Florida Department of Environmental Protections (FDEP) and St Johns River Water Management District (SJRWMD). The City of DeLand has received a proposal from Mead & Hunt to investigate potential projects to address these requirements, and the representatives have agreed to continue with the existing cost share agreement which is based upon the relative water production needed, i.e. Deltona, 40%, DeLand, 30%, Volusia County, 20%, and Orange City, 10%. The agreement has been reviewed by each agency’s legal department, and is being forwarded to their respective governing board for review and approval. Additionally, the $300,000 ($120,000 paid by Deltona) scope of services will include review, evaluation and comment on the new Central Springs/East Coast Groundwater Model. This model, produced by SJRWMD is intended to replace the groundwater model upon which the group’s current CUP’s are based. Without significant understanding of how the new model will compare to the existing model, the members could potentially see severe impacts to our ability to provide water to support future growth. OPTIONS: 1. Approve - Proceed with the agreement and study. 2. Deny - Proceed on our own. Attachments: 34L7540-WVWS Interlocal for Mead & Hunt Study Borrow Pit 102120 Inv and contract Borrow Pit 102621 Inv. E. Request for approval of Resolution No. 2022-10 and budget amendment to provide funding for of the ABM Building Services, LLC contract. The contractor will identify and prioritize ADA compliance issues and overall deficiencies of City buildings and facilities. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues City of Deltona Page 8 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 Background: On February 7, 2022, the commission voted to approve a piggyback agreement based on the City of Boyton Beach - Town Square / City Facilities Maintenance Services agreement with ABM Building Services, LLC. The ADA compliance concerns and building improvement and repairs have become so severe, the services of ABM are needed to develop a priority list of improvements, plan development and implementation of the work. On March 22, 2022, the commission voted to approve a scope of work and the identification of the numerous buildings and facilities that have ADA compliance issues and deficiencies. ABM Building Services, LLC has evaluated, prioritized and offered corrective action. The ABM contract allows for an Energy Savings Review process that utilizes certain energy savings to offset actual cost of such projects to reduce the initial cost to the City. The negotiated fee for this effort is $49,250. Today, the budget resolution and amendment will provide the funding for the ABM Building Services, LLC contract. The funding will reduce the fund balance in the General Fund. OPTIONS: 1. Approve the budget amendment to move $50,000 from the General Fund Balance to the Parks and Recreation Department to pay for the services provided in the ABM Services, LLC. 2. Do not approve the budget amendment to move $50,000 from the General Fund Balance to the Parks and Recreation Department to pay for the services provided in the ABM Services, LLC. Attachments: BA 2022-043 ABM Contract 2022-10 Reso - BA 2022-043 ABM Contract F. Request approval to remove old tank coatings and recoat three ground storage tanks with Crom Coatings And Restorations, in accordance with their Agreement with the City of Deltona and RFP# PW 18-09 for Contracted as Needed Repairs & Modifications to the Ground Storage Tanks, in the amount of $423,300.00. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: This project is to remove old Ground Storage Tank coatings and apply new coatings on three pre-stressed concreate water storage tanks. As part of maintaining the integrity of the infrastructure of the utility City of Deltona Page 9 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 system, there are three Ground Water Storage Tanks that need to be recoated. The condition of these tanks was observed and noted during the Sanitary Survey conducted by the Volusia County Health Department last year. Recoating of the tanks will seal any minor cracks and imperfections that the tanks may have and will protect the steel that is in the concrete and will prevent any leaks from occurring from the tank. Available funds will be reallocated from another utilities project. The services to be furnished by Crom are as follows: (1) Use high pressure water jetting to remove existing tank exterior coatings. (2) Apply Tnemec 218 up to 10% of the exterior wall surface. (3) Apply two coats of Theroseal followed by two coats of Tnemec Series 156 Enviro-Crete Elastomeric at 4-8 mils DFT per coat to exterior wall and dome concreate surfaces, per manufacturer’s recommendation. Tank 1: 500,000 gallon Ground Storage Tank (Plant No. 7, 1240 Saxon Blvd) Tank 2: 1,000,000 gallon Ground Storage Tank (Plant No. 7, 1240 Saxon Blvd) Tank 3: 1,000,000 gallon Ground Storage Tank (Plant No. 8, 2741 Courtland Blvd) OPTIONS: 1. Approve - Proceed with the project and recoat three Ground Storage Tanks. 2. Deny - Project will not be completed and the Ground Storage Tanks will continue to deteriorate. Attachments: Crom Quote 2019-2020 Signed Renewal- CROM-RFP# PW 18-09 Crom Coatings Restorations LLC PW 18-09 Pictures Crom Tanks Signed 2020-2021 Renewal-CROM RFP# PW 18-09 Signed 2021-2022 Renewal-CROM RFP# PW 18-09 G. Section 11(1) of the City of Deltona Charter (“Charter”) which requires that the Charter be reviewed at least every 10 years. This item is to review the material requested by the Commission during the April 6, 2022 Special Meeting. - Stacey Kifolo, Deputy City Manager (386) 878-8552. Strategic Goal: Effective Governance City of Deltona Page 10 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 Background: The 2021-22 Charter Review Committee (CRC) was appointed by the City Commission on June 28, 2021. Consisting of five (5) members and two (2) alternates, the CRC was charged with reviewing the Charter and, if appropriate, proposing amendments to the Charter for consideration by the City Commission. The CRC convened 13 public meetings during the span of July 2021 to January 2022. During the Regular Commission Meeting held on February 21, 2022, the CRC presented the Commission with recommendations for five (5) Charter amendments and one (1) policy recommendation. The City Commission held a Work Session on March 28, 2022 for a preliminary review of the Charter Review Committee recommendations. During a Special Meeting held on April 6, 2022, the Commission voted to not proceed with the recommendations from the CRC; however, the Commission did request that staff present a report on any and all Charter provisions which either have been superseded by State law or have become obsolete by other conditions. The Commission must hold two public hearings by August 23, 2022 in order to place any Charter amendments on the ballot of the next municipal general election. OPTIONS: 1. Approve - Proceed with Charter amendment process to repeal provisions which either have been superseded by State law or have become obsolete by other conditions. 2. Do Not Approve - Do not proceed with Charter amendment process for the 2022 general election cycle. Attachments: City Charter - Review 2022 05 02 H. Consideration of appointment of one (1) member to the Planning and Zoning Board - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Background: Mayor Herzberg’s appointment, Mal Locke, resigned from the Planning and Zoning Board on Monday, April 18, 2022. The appointment will serve for the remainder of a term to expire March 25, 2023. To date the City has received applications from the following individuals: Rachel Amoroso (Current Alternate), Susan Berk (Current Alternate), Andrea Cardo, Lisa Renee Childs Miller, Manuel Rodriguez (Current Alternate), Roberto Serrano-Rios, Ashley Smith and Steven Webster. City of Deltona Page 11 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 OPTIONS: 1. To appoint a member to the board. 2. To table the appointment to the board. Attachments: P&Z Board Code of Ordinances Planning and Zoning Member List Mal Locke Resignation.pdf Rachel Amoroso (Alternate) Susan Berk (Alternate) Manuel Rodriguez (Alternate) Applicant - Andrea Cardo Applicant - Lisa Renee Childs Miller Applicant - Roberto Serrano-Rios Application - Ashley Smith.pdf Application - Steven Webster.pdf I. Consideration of amended contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Background: Several months ago following a satisfactory evaluation, the City Commission approved modifications of the Acting City Manager’s salary, increased the car allowance and approved a phone allowance . As the contract is written now, there is no provision for a severance should the City Commission remove the Acting City Manager. In lieu of a severance, it is stated in the contract that the Acting City Manager would return to his previous role of Public Works Director. Given the tremendous workload in Public Works, it is a necessity to fill the Public Works Director’s position at this time. Thus the issue of the need for a severance should be addressed in the Acting City Manager contract. The attached contract modifications updates the contract regarding compensation, corrects scrivener’s errors, clarifies retirement payments and includes a provision for a twenty-week severance in accordance with Florida Statutes 215.425. Attachments: Acting City Manager Contract Acting City Manager Agreement - John Peters 4-18-2022 (Marked Up Copy) Acting City Manager Agreement - John Peters 4-18-2022 Clean Version City of Deltona Page 12 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 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 to award Bid# PW22027, Drainage Ditch Mowing services to J-Mac Cleaning Services, Inc. with their primary office in Melbourne, Florida to provide stormwater ditch and canal mowing services with locations Citywide at a rate of $39,000 per mowing cycle. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: In April 2021, the operator of the stormwater equipment known as the MENZI had an accident while using the equipment. This accident resulted in an equipment fire that ultimately declared a total loss of the MENZI. This specialized equipment had the ability to navigate canals and ditches to remove vegetation, reestablish stormwater flow lines and general maintenance where other equipment cannot access. The City determined that the use of contract services with similar equipment would be the best course of action at this time as opposed to pursuing City of Deltona Page 13 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 replacement equipment. Staff is requesting approval to award the contract for stormwater Drainage Ditch Mowing to J-Mac Cleaning Services, Inc. based on the competitive bid process utilized to obtain 3 bids from Aero Groundtek, LLC, TSI Disaster Recovery LLC and J-Mac Cleaning Services, Inc. The lowest most competitive bidder was J-Mac Cleaning Services, Inc. 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. Approve - Proceed with award of bid. 2. Deny - Toss out the bids and seek other alternative means to maintain stormwater ditches/canals without the benefit of specialized equipment. Attachments: Bid#PW22027 Drainage Ditch Mowing Entire Bid Package Drainage Ditch Mowing #PW22027 J-Mac Cleaning Services B. Request for approval of Resolution No. 2022-09 and budget amendment to provide funding to complete the Hazard Mitigation Grant Program (HMGP) project. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Infrastructure Background: On February 21, 2022, the Commission voted to approve the request to award Hurricane/Impact Resistant Doors contract to A.G. Pifer and other work quoted per purchasing guidelines. Today, the budget resolution and amendments will provide the funding and the balance of the revenue from the grant agreement modification. The funding will reduce the fund balance in the following funds: General Fund Net Decrease $20,072 Transportation Fund Net Decrease $ 6,400 Water/Sewer Utility Fund Net Decrease $ 2,605 OPTIONS: 1. Approve the budget amendment to increase expenditures and revenues needed to complete the Hazard Mitigation Grant Program (HMGP) project. 2. Do not approve the budget amendment to increase expenditures and revenues needed to complete the Hazard Mitigation Grant Program City of Deltona Page 14 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 (HMGP) project. Attachments: 2022-09 Reso - HMGP GRANT BA 2022-44, BA 2022-45 and BA 2022-46 BA 2022-044 HGMP Grant BA 2022-045 HGMP Grant BA 2022-046 HGMP Grant C. Request for approval of Resolution No. 2022-08 and budget amendment to provide funding for the position of Captain - Assistant Fire Marshal. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Background: With the job load of the new construction plans review and inspection staff, the Fire Department needs additional help to manage the work load in an effective and timely manner. The Captain - Assistant Fire Marshal position will come in with the experience to hit the ground running. The position will not only be able to help with plans review and inspections, but also back-up the current Fire Marshal with her responsibilities, assist with fire investigations, fill in when the Fire Marshal is off and provide the Fire Department with succession planning opportunities for the future. The budget resolution and amendment will provide the funding for the Captain - Assistant Fire Marshal position. The funding will reduce the fund balance in the General Fund. OPTIONS: 1. Approve the budget amendment to provide $34,900 from the General Fund Balance to the Fire Administration Department to fund the Captain - Assistant Fire Marshal position for the remaining four months of FY2022. 2. Do not approve the budget amendment to provide $34,900 from the General Fund Balance to the Fire Administration Department to fund the Captain - Assistant Fire Marshal position for the remaining four months of FY2022. Attachments: 2022-08 Reso - BA 2022-047 Fire Captain BA 2022-047 Fire Captain Position 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: A. Settlement of pending litigation. City of Deltona Page 15 Printed on 5/2/2022 City Commission Regular Commission Meeting May 2, 2022 14. CITY MANAGER COMMENTS: A. Opioid Settlement - Designation of government official. 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 16 Printed on 5/2/2022

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