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, August 15, 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 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 of August 1, 2022 and Special Commission Meeting of August 8, 2022, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 1, 2022 RCM Minutes August 8, 2022 SCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Senator Wright to present a check to the City of Deltona for the Deltona to Volusia County Sewer Transfer Background: The Fisher Wastewater Plant in Deltona currently does not comply with the maximum phosphorus and nitrogen levels as required in the Blue City of Deltona Page 1 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 Springs Basin Management Action Plan (BMAP). This project consists transferring sewer flows from the Fisher Plant to the Volusia County owned DeBary Plant through the installation of a sanitary sewer force main from the Fisher Plant to the existing County owned force main at 17/92 and Dirksen. B. Presentation- Rosemary Aldridge, Neel Schaffer, Inc., City’s cell tower consultant. Discussion of constructing a new cell tower on City owned property. John Peters, Acting City Manager. (386) 878-8850. Strategic Goal: Fiscal Background: The City has recently acquired property on Keelhaul Rd., Osteen, Florida. This property is located in an area that a cell tower would be beneficial to the residents for communication needs and for the new water meters. Neel Schaffer, Inc. will discuss the cost associated with building a new tower and the estimate rate of return. OPTIONS: 1. Discussion only 2. Discussion only Attachments: NS Tower Development - Deltona 8-1-22 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 16-2022, 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 August 8, 2022, the Commission by a 5-1 vote directed to revise the proposed Charter language that Charter Officers qualifications by adding residency language that Charter Officers shall maintain residency within Volusia County or within 25 miles of the City boundary. OPTIONS: 1. Approve - Proceed with Charter amendment amending the residency requirement for Charter Officers for the 2022 General Election ballot as outlined above. 2. . Do Not Approve - Do not proceed with Charter amendment amending the residency requirement for Charter Officers for the City of Deltona Page 2 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 2022 General Election ballot. Attachments: Ordinance No. 16-2022 - REV 8-9-22 Deltona 25 Mile Buffer.pdf Legal Ad - Ordinance No. 16-2022 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request for approval to replace 20 year old playground at Dewey Boster with ADA Accessible and Inclusive Playground - Mark Manning, Parks and Recreation, (386) 878-8905. Strategic Goal: The Recreation City for All: maintain public facilities at a superior level Background: The front playground at Dewey Boster is approximately 20 years old, original to the facility, is out of warranty and has reached the end of its useful life. This capital project, which replaces the current playground with an ADA accessible and inclusive playground was approved through the budget process. This is a part of our continuing efforts to modernize and upgrade our playground spaces to include ADA accessibility and inclusivity that was started in 2016. The price is based on piggybacking Sourcwell National Term Contract #010521-LTS-2 saving $48,501.00. OPTIONS: 1. Replace the outdated, non-ADA compliant out of warranty playground with an ADA accessible and inclusive playground. 2. Delay replacing playground for another year. This option will only increase the eventual cost to replace this playground as costs for materials, equipment, shipping, etc. continue to increase at a significant rate. In addition, the ability to find replacement parts for a playground of this age is extremely difficult. In order to protect the City from increased liability exposure, certain parts of the playground may need to be closed to the public until the entire playground is replaced. The playground will still not be ADA compliant and inclusive. 3. Leave the playground as is currently constructed until funding for replacement becomes available in future years. This option still leaves a playground that is not ADA compliant and to protect the City from increased liability exposure, certain parts of the playground may need to be closed to the public until the playground is replaced City of Deltona Page 3 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 Attachments: DEWEY O BOSTER SPORTS PARK PlayPower Contract 010521 good thru 2.17.2025 Deltona-1 renderings Deltona2022 B. Request for approval of Phase 2 of the office reconfiguration of the City Hall First Floor for renovation to the Planning and Development Services and Code Compliance Division areas to have a contractor to build ten (10) offices. Five (5) offices will be used by Code Enforcement. Four (4) will be used by the Planning division. One (1) area will be used for file retention. A total amount not to exceed $202,110.00 is requested to pay for anticipated costs to facilitate the above reconfiguration. - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Effective and Productive Government Background: Phase 1 of the Community Services Department reconfiguration was approved by the City Commission at their regularly scheduled meeting on April 4, 2022. Phase 1 was the construction of the Housing and Community Development offices. The construction of these offices is complete but the flooring installation and office furniture upgrades are pending. Before and after photos of Phase 1 are attached. Phase 2 includes the creation of ten (10) offices for the Planning and Code Compliance Divisions (four (4) offices for the Planning and Development Services Division, five (5) offices for Code Compliance, one (1) office/area for filing cabinets). Two (2) procurement appropriate bids to construct the ten (10) offices were received. The contractors and bid amounts are as follows: 1. A.G. Pifer Construction Co., Inc. $72,490.00 2. Perfect Trades LLC $82,653.00 The low bidder, A.G. Pifer Construction Co., Inc., provides construction services throughout Volusia County and has been verified through the Department of Business and Professional Regulation. A.G. Pifer Construction Co. Inc. has also performed work for the City including other office remodels and the Phase 1 offices of the reconfiguration project. For cost effective purposes, the services of the City’s already approved electrical, HVAC, fire sprinkler and fire alarm contractors will be used for the Phase 2 reconfiguration. The electrical upgrades, fire sprinkler, fire alarm, and HVAC duct relocation estimates/proposals are as City of Deltona Page 4 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 follows: 1. Electrical Solutions $ 33,188.67 2. Wiginton Fire Systems $ 10,665.00 3. Signal 21(fire alarm) $ 475.00 4. Therma Serve (HVAC) $ 9,916.87 The plan is to also provide new furniture (desks and chairs) as part of the reconfiguration project (Both Phases 1 and 2). Staff is in communication with a preferred office furniture vendor. However, the price has not yet been finalized. Staff has confidence the furniture should cost around $57,000.00 based on pricing information provided to date. Finally, based on market uncertainty associated with construction type of projects staff is requesting a 10% contingency be appropriated to address any unforeseen issues that may arise. Funding is available in the current budget “Capital Projects - Fund Balance.” The total cost summary for Phase 2 of the City Hall First Floor Office Reconfiguration project is as follows: A.G. Pifer Construction Co., Inc. $ 72,490.00 Electrical Solutions $ 33,188.67 Wiginton Fire Systems $ 10,665.00 Signal 21 $ 475.00 Therma Serve $ 9,916.87 Furniture $ 57,000.00 (Estimate based on best available data) TOTAL Project Cost $ 183,735.54 +10% possible cost increase $ 18,374.00 (rounded to the nearest tenth) $ 202,110.00 (rounded to the nearest tenth) The Acting City Manager has the authority to make minor modifications to the plans, correct scriveners’ errors and the like. OPTIONS: 1. Approve the proposed cost for the Phase 2 of City Hall First Floor Office Reconfiguration project not to exceed the cost of $202,110.00. Advantages: a. Confidential/sensitive information will be managed more effectively; b. Existing office space at City Hall will be maximized and City of Deltona Page 5 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 made more functional; and c. City can use its own contractors and save money. Disadvantages: a. Project will require a monetary investment. 2. Deny purchase. Advantages: a. The City will not have to spend the money. Disadvantages: a. Future office reconfiguration needed to address staff increases will be problematic as the available office space is limited. Attachments: ELECTRICAL SOLUTION ESTIMATE NO. 1120 WIGINTON FIRE SYS_PROPOSAL NO. 042522-1 SIGNAL 21_PROPOSAL NO. 1 THERMASERVE_Mechanical Systems Services BID NO 22045 MEMO DATED 7-26-2022 A.G. PIFER CONSTRUCTION CO., INC. PROPOSAL PERFECT TRADES LLC.pdf BEFORE AND AFTER PHOTOS_8-1-2022 C. Request for approval to purchase (2) Ford F-150 trucks utilizing the Florida Sheriffs Association Cooperative Purchasing Program for a total cost of $76,385.40 for Deltona Water Field Operations. - Steven Danskine, PE, Public Works Director (386) 878-8998. Strategic Goal: Equipment Replacement Background: The Deltona Water Department request to replace a 2007 Ford F-150 (DW0729) and a 2007 Ford F-150 (DW0749) with the purchase of (2) new Ford F-150 trucks for a total cost of $76,385.40 The request for replacement of the two vehicles follows the guidelines of Policy No.: CW-10-003, is due to frequency of use, deterioration, high mileage. The City is following a regular replacement cycle for equipment proactively to avoid large unplanned equipment expenses. The quote was requested through the Cooperative Purchasing Program from the Florida Sheriffs Association that, in partnership with the Florida Association of Counties, offers tremendous savings for participating agencies statewide. The quote submitted by Duval Ford Government Fleet in the amount of $76,385.40 City of Deltona Page 6 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 OPTIONS: 1. Approve the purchase of (2) replacement trucks and to meet the needs of the Deltona Water Field Operations crews. 2. Deny purchase of items requested and continue to utilize worn out equipment. Attachments: FSA_Terms__Conditions quote 1 quote 2 spec 2 spec1 D. Contract - Change order and budget transfer to increase existing purchase order 220413 with solid waste provider Waste Pro of Florida from $25,000 to $50,000 for solid waste services - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Community Development Background: In November of 2022, $25,000, under purchase order 220413, was allocated for right of way nuisance abatement activities. There has been a lot of right of way abatement activity in 2022. This includes the removal of move-out piles, excess construction debris, and other refuse within public right of ways. There are Code Compliance actions associated with the refuse removal abatement activities to recoup costs, but the collection of money and fines does not correspond with the requirement to satisfy hauling invoices. The $25,000 was used by the end of May 2022. The change order request to $50,000 is to pay all outstanding invoices to date (approx. $5,700) and cover the anticipated volume of abatements through the rest of the fiscal year. Therefore, to ensure the services of Waste Pro are properly funded to conduct abatements, the subject change order to the purchase order needs to be approved. The change order will increase the purchase order above the $25,000 threshold, which purchasing policy requires approval of the City Commission. The change order also involves a budget transfer from unsafe conditions abatement to lot maintenance enforcement all within the budget of Code Compliance. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 7 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 OPTIONS: 1. Approve the increase to the purchase order: Advantages: a. The City will pay the invoices up to date; b. The City will be able to continue to have Waste Pro abate right of way nuisances throughout the City; and c. The community aesthetic will be maintained. Disadvantages: a. The City will not be able to retain the services of Waste Pro for abatement activities; b. Move out piles and other refuse in the right of way will languish for longer periods of time; and c. The City aesthetics will be negatively impacted. 2. Do not approve the change to the purchase order: Advantages a. The City will not have to spend any money on right of way abatements for the remaining fiscal year. Disadvantages a. The City will not be able to retain the services of Waste Pro for abatement activities: b. Move out piles and other refuse in the right of way will languish for longer periods of time; and c. City aesthetics will be negatively impacted. Attachments: Budget Transfer Change Order Waste Pro E. Request approval to authorize Change Orders 1 & 2 to Crossroads Site Development, LLC in the amount of $43,500 for the construction of the Beechdale Park Parking & Boardwalk Improvements (aka Blue Heron Park Phase II). - Steven Danskine, PE, Director of Public Works (386) 878-8998. Strategic Goal: Infrastructure Background: At the February 7, 2022 Commission meeting the bid from Crossroads Site Development was approved in the amount of $344,795. Subsequently at the March 7, 2022 Commission meeting the Commission wanted to “suspend” the ECHO Grant Projects. This temporary suspension of the work previously awarded resulted in additional costs to Crossroads for demobilization & remobilization in the amount of $4,750. The suspension of work was released and Crossroads began in earnest construction of the boardwalk and City of Deltona Page 8 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 2022 parking area. During the construction of the boardwalk it was determined an extension of 290’ of boardwalk was needed to provide more separation/privacy between the boardwalk and existing homes in the area and additional support on the handrails was necessary totaling $38,750. The project budget contains adequate funds to cover these change orders. A 90-day contract extension is also included. OPTIONS: 1. Approve the Change Orders with Crossroads. 2. Deny the Change Orders with Crossroads, and not pay them for additional work the City requested. Attachments: Crossroads CO #1 Crossroads CO #2 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 9 Printed on 8/12/2022 City Commission Regular Commission Meeting August 15, 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 10 Printed on 8/12/2022