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, July 18, 2022 6:30 PM Deltona Commission Chambers REVISED 07/14/22 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Mayor Herzberg. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of July 5, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: July 5, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2022-21, Establishing the Proposed Millage Rate for the levy of ad valorem taxes for FY 2022/2023 - Mari Leisen, Finance Director, (386) 878-8553. City of Deltona Page 1 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 Strategic Goal: Fiscal Issues Background: 1. The Acting City Manager is proposing a millage rate of 7.4955 mills, a decrease of 0.3545 from the rate levied in FY 2021/2022 and reflects an increase of 10.0% from the rolled-back rate of 6.8141 mills. Staff proposes the Commission adopt a proposed millage rate of 7.4955 mills for FY 2022/2023. Attached is Resolution No. 2022-21 establishing a proposed millage rate. The adopted rate will be communicated to the Property Appraiser and used in the Notice of Proposed Property Taxes (TRIM Notices) issued to Deltona property owners in late August. If the commission votes to approve higher a millage rate at the first hearing in September, the City is required to send a revised TRIM notice to the property appraiser and the residents in City’s expense (s. 200.065(2)(d),F.S.). Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Acting City Manager to sign any documents necessary to further Commission approval of this item. Options: 2. Accept the staff recommended millage rate of 7.4955 mills for FY2022/2023 3. Propose a different millage rate for FY2022/2023 Attachments: 2022-21 Reso - Proposed Tentative Millage Rate 07182022 B. 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. City of Deltona Page 2 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 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 City Charter - Repeal Superseded or Obsolete Items - 2022 07 18.pdf City Charter - 2022 07 18.pdf Legal Ad - Ordinance No. 14-2022 C. Public Hearing - Resolution No. 2022-20, acceptance of the I-4 Logistics Plat for approximately 128.37 acres of land - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Economic Development Background: The I-4 Logistics plat involves the creation of one lot, three tracts and six tree preservation areas. The three tracts include a 60-foot right-of-way dedicated to the City for a roadway referred to as Sylvester Rd., a 70-foot right-of-way for the Rhode Island Av. extension dedicated to the City, and a future development tract. There is anticipation the future development tract will eventually be further subdivided through one or more replat applications. A bond in the amount of 115% and consistent with Chapter 96, Article III of the City Land Development Code at the time of this agenda item is under review and will be posted before the plat can be recorded. On July 5, 2022 the City Development Review Committee approved a Final Plat Development Order for the plat and also recommended the City Commission accept the plat. Finally, the City consulting surveyor did review the plat and related materials and determined the plat met all applicable technical standards. Resolution No. 2022-20 which includes as exhibits the property legal description and a copy of the plat is attached. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the Plat under Resolution No. 2022-20 City of Deltona Page 3 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 Advantages: a. The plat will result in an industrial subdivision which will facilitate economic development within the City; b. There will be recognition the plat is consistent with the City Land Development Code and State platting law; and c. Approval will implement the Portland Industrial Park Industrial Planned Unit Development (IPUD) Development Agreement approved by the City in August of 2021. Disadvantages: a. None. 2. Do not approve the Plat under Resolution No. 2022-20 Advantages: a. None Disadvantages: a. Economic development objectives of the City will be furthered; b. There will be recognition the plat is consistent with the City Land Development Code and State platting law; and c. Approval will implement the Portland Industrial Park Industrial Planned Unit Development (IPUD) Development Agreement approved by the City in August of 2021. Attachments: Resolution No 2022-20 I4logistics Legal Ad - Resolution No. 2022-20 7. OLD BUSINESS: 8. NEW BUSINESS: A. Contract - Portland Industrial Park Tri-Party Proportionate Fair Share Agreement between USEF I-4 Logistics Deltona (Owner), Volusia County and the City of Deltona, Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Economic Development Background: In August of 2021, the City approved the Portland Industrial Park Industrial Planned Unit Development (IPUD). The IPUD allocated robust industrial entitlements for the property. The IPUD Development Agreement (DA) required the formulation of a tri-party fair share agreement to address traffic impacts associated with the project. For clarification purposes, the title Portland Industrial Park is City of Deltona Page 4 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 maintained to remain consistent with the Portland Industrial Park IPUD documentation. However, the Portland Industrial Park is now known as the I-4 Logistics Park. The current owner, USEF I-4 Logistics Deltona, the County of Volusia and the City of Deltona have worked out an agreement regarding transportation fair share payments. The fair share payments will be used to fund transportation improvements in the area to mitigate project traffic impacts. The City fair share allocation from the developer is $889,344.00. This amount as per the IPUD Development Agreement will be paid in full to the City when a building permit is issued for the first development within the project. The City will use this money to improve either the N. Normandy Blvd. corridor (four lane expansion) and/or the money will be spent on the Rhode Island Av. extension from Howland Blvd. to N. Normandy Blvd. County fair share of over $4,951,680.00 will be paid by the developer incrementally as projects receive development order approval by the City. County fair share payments will be used to make transportation improvements to the roadway network impacted by the development within the project. The Portland Industrial Park Tri-Party Proportionate Fair Share Agreement will be approved by the County Council after City Commission approval. A copy of the Portland Industrial Park Tri-Party Proportionate Fair Share Agreement with exhibits is attached. The fair share agreement has been reviewed by City staff, including legal staff and County staff. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the Tri-Party Agreement Advantages: a. Proportionate fair share payments will ensure impact fees will be directed to impacts directly associated with the project. b. Fair share payments can facilitate large sums of money available to undertake more immediate transportation improvements. c. Revenue and payments can be more predictable. Disadvantages: City of Deltona Page 5 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 a. Impact fee revenue will be limited to addressing transportation impacts associated with the project paying the fair share. 2. Do not approve the Tri-Party Agreement Advantages: a. Impact fee revenue will not be limited to addressing only impacts associated with the project paying fair share. Disadvantages: a. Proportionate fair share payments will ensure impact fees will be directed to impacts directly associated with the project. b. Fair share payments can facilitate large sums of money available to undertake more immediate transportation improvements. c. Revenue and payments can be more predictable. Attachments: Tri-Party Proportionate Fair Share Agreement (Portland Industrial Park) B. Contract - To approve Resolution No. 2022-22 to include the budget amendment and to approve the award of bid to Government Services Group, Inc. for the fire assessment fee consultation services and budget amendment for $75,000- Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Services Background: In May of 2022, the City of Deltona solicited Request for Proposal #22034 for a fire assessment fee study. Two responses were received and the proposals were reviewed and ranked by committee. Government Services Group, Inc. was awarded the contract and a budget resolution and amendment have been prepared to provide the funding. A budget amendment to move $75,000 from General Fund balance to Fire Operations Professional Services will provide the funding to pay for the consultation services. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve the contract for a fire assessment fee study and budget amendment to fund the service. 2. Do not approve the contract for a fire assessment fee study and budget amendment to fund the service. Attachments: 2022-22 Reso - BA 2022-061 Fire Assessment Fee Consultant GSG. Inc. Contra Exhibit A: BA 2022-061 Fires Assessment Fee Consultant Government Services Group, Inc#22034 Submittal.pdf City of Deltona Page 6 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 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 for purchase of evening shade 60/40 blend rye seed to transition from Bermuda to Rye grass for the winter season at multiple facilities. - Mark Manning, Parks & Recreation Department (386) 878-8905. Strategic Goal: Fiscal Issues & The Recreation City for All - Maintain public facilities at a superior level Background: The Parks and Recreation department’s operating budget for fiscal year 2021/22 includes the purchase of 22,000 pounds of rye seed which allows staff to transition from Bermuda to Rye grass at multiple facilities during the winter months. The total cost for this purchase is not to exceed $46,000 dollars. Quotes were requested from three supplies of rye seed with the required 60/40 evening shade blend. One vendor, Helena Agri Enterprises will not be able to fulfill the order based on supply chain issues. Another vendor, Diamond Fertilizer, which we utilize for multiple products, cannot guarantee that the City would receive the product prior to the end of the fiscal year which is City of Deltona Page 7 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 required. The third vendor, Turf Merchants is the only vendor that is able to fulfill our order and guarantee that the product will be delivered prior to September 30th, 2022 OPTIONS: 1. Approve the purchase of the evening shade rye seed 60/40 blend as part of the parks department’s annual operating budget for fiscal year 21/22. 2. Delay approval of this purchase until a later date. This option could lead to a significant increase in costs as the supply chain disruptions for materials, labor, shipping, etc. continue to increase. 3. Deny approval of this purchase. Attachments: Ryegrass Seed Quote 2 vendor non quotes B. Request approval the execution of the AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION AND MAINTENANCE PURSUANT TO SECTION 335.0415, F.S. with Volusia County for the acquisition of the Providence Blvd. Right of Way between Howland Blvd and Lakeshore Dr. with the exception of certain intersections. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure Background: Volusia County has long retained jurisdiction of the Providence Blvd. Right of Way within the city limits. With the exception of the intersections with other County Rights of Way at Howland Blvd., Saxon Blvd., and Doyle Rd., this acceptance would transfer jurisdiction and maintenance responsibilities for this 6.2 mile right of way to the City. It is the opinion of City Staff that the City of Deltona can maintain a higher level of service along this right of way than Volusia County can, due to the great extent of the County Roadway system. In short, we believe that the City will be able to provide this major thoroughfare a higher priority status than the Volusia County. During the Fall and Winter of 2021, Volusia County undertook the milling and resurfacing of this roadway, along with minor structural repairs. It is estimated that no additional road surface maintenance will be required for approximately 5-years (minor) to 20-years (resurfacing). The City is aware of various additional Right of Way maintenance issues that will need to be incorporated into current and future budgets. Many maintenance items such as sidewalk repairs / ADA compliance issues, stormwater and groundwater issues are already the City of Deltona Page 8 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 responsibility of the City based on a State Supreme Court opinion issued in the 1950’s. Under the current gas tax distribution formula, the County is transitioning over a five-year period from a population based distribution to a lane-mile basis. Under this distribution formula, the City will actually see an increase in gas tax revenues that will significantly offset any additional cost to the City. In addition, the City has struggled with the County’s Right of Way Utilization Permit process for several critical Stormwater projects. With this transfer, those permits will be under the jurisdiction of the City of Deltona. Additionally, as part of this agreement, Volusia County Staff have agreed to coordinate with and pay the US Postal Service for the relocation of individual mailboxes to a centralized mailbox on Fisher Drive to address the US Postal Services’s concerns with the increased danger to their drivers, and that of the driving public due to the roadway geometry and conditions between Alexander Ave. and Doyle Rd. Due to scheduling limitations with the US Postal Service, these arrangements have not been able to be fulfilled, but County Staff have assured City Staff that they will work in a good faith effort to complete this task. While we would normally wait until the work is actually completed, but time is of the essence for the City to stay in compliance with our Local Agency Program (LAP) Agreement with the FDOT for the Providence Trail Project. To that end, failure to complete this transfer process will likely result in the loss of State funds for the trail project, and the City of Deltona will lose significant City transportation funds expended to date on the design for the trail project. OPTIONS: 1. Approve - Proceed with the Transfer Agreement and take on the responsibility of this right of way. 2. Deny - Right of way prioritization and maintenance will remain with Volusia County. Attachments: Providence_Blvd_Transfer Providence Bv Transfer Agmt_06.29.2022 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. ADJOURNMENT: City of Deltona Page 9 Printed on 7/14/2022 City Commission Regular Commission Meeting July 18, 2022 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 10 Printed on 7/14/2022