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 Tuesday, July 5, 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 Sosa. 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 June 20, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: June 20, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Halifax Health “Wound Care: What, Why and How” presented by D. Scott Covington, M.D. Background: D. Scott Covington, M.D., certified by the American Board of Surgery, has joined Halifax Health - Center for Advanced Wound Healing. Dr. Covington has over 30 years of clinical wound care experience. He completed his undergraduate and medical education at the University City of Deltona Page 1 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 of North Carolina, Chapel Hill, and a general surgical residency at the University of Texas. Along with his training, he completed the Thomas G. Cronin Fellowship in Plastic Surgery and Wound Healing Research at the University of Texas. Dr. Covington is also a Certified Hyperbaric and Wound Specialist by the American College of Hyperbaric Medicine and a Wound Healing Society member. On becoming a part of the team at Halifax Health, Dr. Covington says, “Chronic wounds are a significant and growing problem for the residents of Volusia County. Addressing these complex problems requires both innovative technologies and a consistent, high -quality care process. I am very excited to be part of the dedicated wound care team at Halifax Health, as they continue to deliver excellent care in a compassionate manner. The citizens in our community deserve nothing less.” Attachments: Halifax Health Deltona minilecture B. Proclamation - National Parks and Recreation Month - July, 2022. Background: Since 1985, America has celebrated July as the nation’s official Parks and Recreation Month, and the United States House of Representatives officially mandated July as Parks and Recreation Month in 2009. As we observe July as Parks and Recreation Month, we also support the skilled work of parks and recreation professionals who help to strengthen the community and connect people with nature and each other and provide opportunities for healthful living, and environmental sustainability. C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Background: Quarterly Reports of City Advisory Boards/Committees: 1) Affordable Housing Advisory Committee (Written Report Only) 2) Firefighters Pension Plan Board - (Written Report Only) 3) Planning and Zoning Board - (Written Report Only) 4) Team Volusia - (Written Report Only) City of Deltona Page 2 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 Attachments: Affordable Housing Adv.Comm. Q2 FireFighters Pension Board Q2 Planning & Zoning Q2 Team Volusia Q2 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 14-2022, pursuant to Sections 101.161 and 166.031, Florida Statutes, proposed Charter amendments to be submitted as a referendum at the General Election - Stacey Kifolo, Deputy City Manager (386) 878-8852. Strategic Goal: Effective Governance and Productive Government Background: At the Regular City Commission Meeting held on April 6, 2022, the Commission directed staff to bring back to the Commission a report with inconsistencies to clean up the City Charter in reference to State law. The report was presented to the Commission at the Regular City Commission Meeting held on May 2, 2022 and the Commission directed the Deputy City Manager to move forward and bring forth an ordinance for the first public hearing and to schedule the second public hearing. OPTIONS: 1. Approve - Proceed with Charter amendment repealing provisions which either have been superseded by State law or have become obsolete by other conditions as presented. 2. Do Not Approve - Do not proceed with Charter amendment process for the 2022 general election cycle. Attachments: Alternate final charter amendment ordinance with full text.pdf Legal Ad - Ordinance No. 14-2022 B. Public Hearing - Resolution No. 2022-13, Approval of the City of Deltona Community Development Block Grant (CDBG) Program Year 2022-2023 Annual Action Plan (AAP) - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Effective Government. Background: The City of Deltona is recognized by the United States Department of Housing and Urban Development (HUD) as an entitlement community and is therefore eligible to receive CDBG funding. For funding cycle Program Year (PY) 2022-2023, the City is tentatively approved to receive approximately $558,558. This amount is approximately $50,000 less than the City received last program year. City of Deltona Page 3 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 In order to appropriately manage federal grant dollars, HUD requires entitlement communities to annually report how grant funds will be expended as part of an Annual Action Plan (AAP). The Plan illustrates how the City has used CDBG funds, how those funds were leveraged with State (SHIP) money and how CDBG funds will be used in the next year. There is also information presented in the report regarding COVID-19 allocations administered by the City. CDBG money within the City of Deltona has been used to fund stormwater improvement projects, park and recreation upgrades, owner occupied home rehabilitation for low income households, and non-profit entities providing public services. Please note: Parks and stormwater projects are directed to certain areas of the City with a preponderance of low income households known as Areas of Greatest Need (AGN). For a number of years as part of the Annual Action Plan process, the City has funded through the annual Community Development Block Grant (CDBG) several public service entities providing a wide range of public services, including childcare, elder activities, homeless prevention (food, utility/rent assistance), counseling, and after school programs. The amount of money the City can allocate for public service applicant funding is capped at 15% of the entire annual CDBG entitlement. While the City of Deltona in the past has been encouraged by the United States Department of Housing and Urban Development (HUD) to fund public services, the City is under no obligation to fund public services or fund public services at or near the 15% cap. However, the City has had a history of funding various public services, and every year public service applicants are competing for limited CDBG public service dollars. Per Commission direction, staff has performed the public service ranking and provided a funding recommendation. Staff ranking is predicated on written evaluation criteria. The criteria include important elements ranging from the demonstration of service capacity to the usage of the HMIS or similar tracking system. This year there were five (5) public service applicants vying for up to $83,000 in possible CDBG funds. The ranking committee was made up of a cross section of four staff members who were provided with the application packages and ranking criteria. Some staff members have experience with public service project implementation, contract compliance, and HUD monitoring and auditing requirements. Other staff members do not work directly in the community development disciplines but understand contract compliance, tax return matters, financial leveraging, staff capacity, etc. The ranking represents strict adherence to the points based ranking criteria, including implementing ‘National Objectives’ and City priorities. The ranking and suggested awards indicate the public service applicants were generally prepared to implement City of Deltona Page 4 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 requisite missions. Higher ranked applicants tended to be better leveraged having established relationships with other public funders and private donors. The five applicants have been longstanding partners with the City regarding the provision of public services. The five public service providers have demonstrated an ability to effectively implement projects and comply with required tracking and monitoring activities. During deliberation of the ranking committee, there was a determination that full funding should be granted to all Public Service applicants. However, the total amount of funding requested by the applicants is $94,500 or $11,500 more than the 15% public service cap. The proposal of staff is since the City has over $350,000 in CDBG CARES CV-3 money to expend and there are two public service entities (New Hope Human Services and The Neighborhood Center of West Volusia) that provide CDBG CARES CV-3 eligible services (rental, utility, and mortgage assistance), $11,500 of CDBG CARES CV-3 could be used in a manner to ensure all five of the public service entities were awarded the full requested amount of funding. Therefore, the amount of funding recommended as a result of the Staff committee was as follows: Neighborhood Center/Homelessness $25,000 ($5,750 funded via CARES CV-3); Boys and Girls Club/Youth Programs $20,000; Hands of Hope/Homelessness $21,500 ($5,750 funded via CARES CV-3), Council on Aging/Elder Activities $15,000; and Early Learning Coalition/Childcare $13,000 for a total of $94,500. $83,000 from the PY 2022-2023 CDBG allocation and $11,500 from the CDBG CARES CV-3 allocation. For more information on the public service ranking, see the ranking score sheet which is attached as an exhibit to the attached AAP. Besides public service funding, the City has allocated the majority of the program year 2022-2023 funding for housing assistance ($365,000). The remaining funds will be allocated to administration ($110,000). On June 20, 2022, the City Commission directed Staff to explore utilizing more of the available CARES CV-3 allocation to facilitate further public service funding and to determine if there are eligible and achievable stormwater projects that could be funded utilizing CDBG money. As per Commission direction, Staff explored the idea of funding eligible stormwater projects. There was a determination that two small scale stormwater projects are located within a CDBG AGN and would be eligible for funding. Both projects, one on the Vercelli Street corridor and the other on Pine Bluff Av. involve the replacement of antiquated stormwater piping and related drainage infrastructure. The projects are achievable with City crews and material can be sourced to complete the jobs in a timely manner. Each project is estimated to cost $30,000 requiring a $60,000 allocation of CDBG funding. The proposal is the $60,000 be allocated to the stormwater projects from the $365,000 City of Deltona Page 5 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 proposed to be spend on housing needs. This would result in housing activity being funded $305,000. The initial Staff recommendation for funding social services totaled $94,500 and involved the use of CDBG CARES CV-3 money. More specifically, New Hope and the Neighborhood Center would be granted $5,750 each out of CARES CV-3 funding. At the June 20, 2022 meeting there was discussion about funding the Early Learning Coalition an extra $10,000. In addition, there was direction to determine if New Hope could be funded $25,000 in lieu of the $21,500 requested. Staff indicated that it may be possible to fund both New Hope and the Neighborhood Center entirely with CARES CV-3 money. Staff has concluded based on conversations with HUD, the idea of funding New Hope and the Neighborhood Center entirely with CARES CV-3 money is not feasible. Staff did learn the expenditure of CARES CV-3 money can be protracted out to September of 2023, but the CARES CV-3 money can only be used to assist applicants that have been directly impacted by COVID. The limitations on the expenditure of the money on those that have been directly affected by COVID would hamstring the missions of both New Hope and the Neighborhood Center. According to both public service providers there are not enough applicants that can attribute need because of COVID. In light of the above the following public service funding arrangement including funding sources is proposed. Public Services Organization Amount Source Early Learning Coalition $13,000 CDBG Boys and Girls Club $20,000 CDBG Council on Aging $15,000 CDBG New Hope $21,500 CDBG - $15,750 CARES CV-3 - $5,750 The Neighborhood Center $25,000 CDBG - $19,250 CARES CV-3 - $5,750 For more information see the attached Program Year 2022-2023 Annual Action Plan. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. Options: Option 1 Approve the funding as follows: 1) Housing Assistance: $305,000 2) Stormwater: $60,000 3) Public Service Funding: Public Service Provider/Mission Amount Proposed Neighborhood Center/Homelessness $25,000 - $19,250 funded via CDBG and $5,750 CARES CV-3 Boys and Girls Club/Youth Programs $20,000 City of Deltona Page 6 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 Hands of Hope/Homelessness $21,500 - $15,750 funded via CDBG and $5,750 CARES CV-3 Council on Aging/Elder Activities $15,000 Early Learning Coalition/Childcare $13,000 Total $83,000 CDBG $11,500 CARES CV-3 4) Administration: $110,000 Rationale for approving Option 1: Option 1 represents CDBG compliant expenditures which involves administration, public service provision, stormwater upgrades, and housing assistance. In addition, the public service funding (ranking and award amount) has been vetted utilizing Commission accepted ranking methodology in light of National Objectives and City priorities. The total public service award amount does not exceed the CDBG 15% cap. An $11,500 from CDBG CARES CV-3 is proposed to be added to public service funding for the Neighborhood Center and Hands of Hope. The administration amount will pay for the Community Development Staff members and is consistent with CDBG rules - cannot exceed 20% of the grant award. Finally, the suggested housing assistance allocation will be leveraged with SHIP or other funds to improve City housing stock and prevent homelessness. Option 2 The City Commission may choose other funding arrangements and projects. However, those projects and arrangements need to be consistent with HUD requirements including being located within an Area of Greatest Need (AGN) and projects must be consistent with a myriad of Federal contractual and monitoring parameters including the timely expenditure of funds. Currently, besides what has been identified there are no projects that meet the CDBG/HUD criteria for location within an AGN or can be completed in a timely manner. Finally, public service ranking and award amounts are based on staff ranking. If the rankings and awards are changed, such changes should be done in a manner that maintains the spirit and intent of the application and ranking process. Attachments: Resolution No. 2022-13 CDBG 2022-2023 AAP 6-20-22 Legal Ad - CDBG AAP 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration of two alternate appointments to the Planning and Zoning Board - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 7 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 Strategic Goal: Internal and external communication. Background: There are two alternate vacancies to the Planning and Zoning Board. The appointments will serve for the remainder of a term to expire March 15, 2025. The City has run a press release, posted the opening to D-TV, the City’s web page and bulletin boards. To date the City has received applications from the following individuals: Andrea Cardo, Lisa Renee Childs Miller, Roberto Serrano-Rios, Ashley Smith, Phyllisia Taylor, and Steven Webster. OPTIONS: 1. To appoint two alternate members to the board. 2. To table the appointment of two alternate members to the board. Attachments: P&Z Board Code of Ordinances Planning and Zoning Member List Applicant - Andrea Cardo Applicant - Lisa Renee Childs Miller Applicant Roberto Serrano-Rios Applicant Ashley Smith Applicant Phyllisia Taylor Applicant Steven Webster B. Request approval to award Bid #22037, for meter box lids to Ferguson Waterworks, Inc.to provide meter box lids in the Deltona Water System in the amount of $141,350.00 - Steven Danskine, PE, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: The city received three bids for Bid #22037 for new meter box lids. The low bid was $141,350.00 from Ferguson Waterworks, Inc. The purpose of this bid is to provide the City of Deltona’s Water Department with new meter box lids for replacement of old lids that are broken. Also these new lids will be used to protect the new AMI water meters that will be installed throughout the city. They are designed to permit the installation of the new antennas that will be required for the meters. Staff is requesting approval to award the contract for purchase to Ferguson Waterworks, Inc. based on the competitive bid process City of Deltona Page 8 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 utilized to obtain three bids from Consolidated Pipe and Supply Co., Ferguson Waterworks, Inc. and Fortiline Waterworks with the lowest most competitive bidder being Ferguson Waterworks, Inc. OPTIONS: 1. Approve - Proceed with award of bid to purchase meter box lids. 2. Deny - Reject the bids and look for other alternatives to protect the water meters. Attachments: Award memo and Ferguson Waterworks bid.pdf Consolidated Pipe and Spply Company bid.pdf Fortiline Waterworks bid C. Request approval to award Bid # PW22029 for the Eastern Water Reclamation Facility Expansion from 1 million gallons a day to 1.5 million gallons a day to Prime Construction at a cost of $2,419,000.00. - Steven Danskine, PE, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: The City of Deltona’s Eastern Water Reclamation Facility has a design capacity of 1.0 million gallons per day on an average annual daily flow basis. The facility includes a dual train membrane bioreactor structure with two membrane bays in each train. Currently, equipment is installed in three of the four bays. For reliability and maintenance purposes as well as capacity purposes, the city desires membranes and associated aeration along with pumping equipment be installed within the unoccupied process bay. This will result in a permitted design treatment capacity of 1.5 million gallons a day. In addition miscellaneous modifications are proposed to provide improvements to the overall operation of the facility. The City received two (2) bids for Bid #PW22-029 for the Eastern WRF Expansion Project. The lowest responsive, responsible bid was $2,419,000.00 from Prime Construction Group Inc. The City has received a Legislative Appropriation Grant from the Florida Department of Environmental Protection in the amount of $450,000 towards the construction of this project. Staff is requesting approval to award the contract for the Eastern WRF Expansion to Prime Construction Group Inc. based on the competitive bid process utilized to obtain two (2) bids from Prime Construction Group Inc. and McMahan Construction Company, Inc. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Acting City City of Deltona Page 9 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 Manager to sign any documents necessary to further Commission approval of this item. OPTIONS: 1. Approve project for Eastern WRF Expansion and move forward with project. 2. Reject the bids and do not complete Eastern WRF expansion, and return the $450,000. Attachments: Eastern WRF PW22029 Bid Award Recommendation.pdf Eastern WRF PW22029 Bid.pdf LPA0102 - Agreement (Executed) DW-Eastern WRF Expansion D. Request approval of the Task Authorization with Mead & Hunt to design and permit the replacement of Lift Station #7 Waycross in accordance with their agreement #PW 2020-09 for Continuing On-Call Water & Wastewater Utility Line Engineering Services in the amount of $109,076.00. - Steven Danskine, PE, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: This project will replace the undersized and outdated Lift Station # 7 on Waycross Circle with a new pump station that will have an emergency power generator, updated telemetry cabinet that will tie into our existing SCADA system, new pumps and new panel box. This design also includes a new grinder pump station, power supply and forcemain to serve two existing homes at the Waycross Circle cul de sac, one of which has been adversely impacted by multiple previous lift station failures. The existing Lift Station is sited on an existing utility easement adjacent to an existing single-family home. This home has been purchased by the City of Deltona for subsequent demolition to make room for the new Lift Station and emergency generator. The scope also includes re-routing a section of 10 inch forcemain on Providence Blvd that will be rerouted to Lift Station 9 Gainesville to decrease the pressure Lift Station 7 is pumping against. A simplified analysis of the pumping and wet well capacity of Lift Station 9 is also included as part of the task. OPTIONS: 1. Approve the task authorization with Mead & Hunt to design and permit the replacement of Lift Station #7 Waycross. 2. Deny the task authorization and continue to use outdated Lift Station and equipment. City of Deltona Page 10 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 Attachments: DT Lift Station #7 Replacement Scope 5.5.22_bmf_final REVISED JM 6-02-2022 MEAD & HUNT Agreement PW2020-09 E. Contract - Change order to increase purchase order 220093 for Code Compliance Special Magistrate by $18,000 and budget transfer of $18,000 for special magistrate services from the law firm Garganese, Weiss, D’Agresta and Salzman, P.A. rendered for code compliance adjudication services - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Community Development Background: In January of 2022 the City entered into a new contract with the law firm Garganese, Weiss, D’Agresta and Salzman, P.A. to provide special magistrate services for the adjudication of code compliance cases. The terms included a consultation fee of $175.00 per hour and a base fee of $1,500 per special magistrate meeting. In 2022 so far there have been six magistrate regularly scheduled hearings and two other hearings involving a dangerous dog determination and a standalone determination on accessory use code case. In addition, the City has consulted with the special magistrate already a few times this year. There is anticipation the volume of special magistrate meetings will continue through the rest of the fiscal year. Therefore, to ensure the services of the special magistrate are properly funded, the subject change order to the purchase order and budget transfer is proposed. The change order will increase the purchase order above the $25,000 threshold, which purchasing policy requires approval of the City Commission. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the increase to the purchase order and budget transfer Advantages: a. The City will retain the services of an experienced special magistrate. b. The City will continue to be able to adjudicate code cases consistent with State law. Disadvantages: a. The City will not be able to retain the services of the special magistrate. b. The will have a back log of code cases that will not be adjudicated. City of Deltona Page 11 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 2. Do not approve the change to the purchase order and budget transfer Advantages a. None Disadvantages a. The City will retain the services of an experienced special magistrate. b. The City will continue to be able to adjudicate code cases consistent with State law. Attachments: Special Magistrate - change order and budget transfer 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. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: City of Deltona Page 12 Printed on 6/29/2022 City Commission Regular Commission Meeting July 5, 2022 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 13 Printed on 6/29/2022