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City Commission

Regular Meeting

Deltona, FL · August 7, 2023

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, August 7, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Avila. City of Deltona Page 1 Printed on 8/22/2023 City Commission Minutes August 7, 2023 2. ROLL CALL – CITY CLERK: Present: 7 - Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #4 Commissioner. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of July 17, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to approve the minutes of the Regular Commission Meeting of July 17, 2023, as presented. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 5. PRESENTATIONS/AWARDS/REPORTS: 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2023-30, Establishing Annual Rate Resolution - Stormwater Services for FY2023/2024 - Mari Leisen, Finance Director (386) 878-8553 Strategic Goal: Fiscal Issues Finance Director Mari Leisen gave a brief explanation of the item to include the Code of Ordinances and the preliminary rate increase. Motion by Commissioner JodyLee, to deny Resolution No. 2023-30. The motion died for lack of a second. Mayor Avila opened the public hearing. City of Deltona Page 2 Printed on 8/22/2023 City Commission Minutes August 7, 2023 Mary Ford, Joffre Cherner, Gary Roth, Maria Rodriguez, Pamela Braun, Mark Masterson, Rod Risner, David Sosa, Robert Marchant, Courtney Burgos, Sierra Parker, Julienne Ivory-Saccone, Mary McIntyre, David Job, Gary Kemmer, Candy Soucek, Robert Rosa, Courtney Hannon, Deborah Abel, Mark Carstens on behalf of Stephanie Cox, Agnes Sulek, John Paul Cudzilo, Brenda Bailey, Mosafa Ideis, Adam Vazquez, Richard Bellach, John Kearney, Lelia, Elbert Bryan, Elizabeth Chavez, and Rosa Magdaleno addressed the City Commission. The Commission discussed land acquisition, grants, election promises, lack of presentation, stormwater executive summary and assessment, budget process, projects kicked down the road, lack of planning, quality of life, the mail out and requirements, new development, projects, flooding, the list of improvements/projects, grant funds, insurance deductibles and premiums, and special funds. Motion by Vice Mayor Bradford, to adopt Resolution No. 2023-30. The City Manager has the authority to correct scrivener's errors and the like. The motion died for lack of a second. The Commission and City Manager discussed meeting attendance, an operational audit, fixed incomes, Item 10-D, Volusia County, the deadline to establish the rate, and the TRIM notice. Mayor Avila passed the gavel to the Vice Mayor. Motion by Mayor Avila, seconded by Commissioner JodyLee, to not adopt Resolution No. 2023-30. The City Manager has the authority to correct scrivener's errors and the like. Amended motion by Mayor Avila, seconded by Commissioner JodyLee, to adopt Resolution No. 2023-30 as amended by reverting back to the prior annual rate. The amended motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool B. Public Hearing - Resolution No. 2023-31, Establishing the Annual Rate of Assessment for Solid Waste Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Finance Director Mari Leisen gave a brief explanation of the item. Commissioner JodyLee spoke about the Waste Pro contract and Waste Pro's profits. City of Deltona Page 3 Printed on 8/22/2023 City Commission Minutes August 7, 2023 Motion by Commissioner JodyLee, to deny Resolution No. 2023-31, establishing the annual rate of assessment for Solid Waste Services for FY 2023/2024. The motion died for lack of a second. Mayor Avila opened the public hearing. Elbert Bryan, Joffre Cherner, Maria Rodriguez, Pamela Braun, Rod Risner, David Sosa, Howard Gelber, Brandy White, Julienne Ivory-Saccone, Kathy Bryan, Candy Soucek, Robert Rosa, Juan Sepalvede, Deborah Abel, Mark Carstens on behalf of Stephanie Cox, Jason Chaladoff, John Paul Cudzilo, Elizabeth Chavez, Leila, and Courtney Hannon addressed the City Commission. The Commission and City Manager discussed prior management, accountability and tracking, the Waste Pro contract, having a monopoly, recycling, dumpsters, Redman Consulting Group, vehicle cameras, Waste Pro fines, bulk pick-ups, extra trips, terms of the contract, tipping fees, fuel adjustments, revenues based on commercial, County fees, starting negotiations, the bid process, charge backs for fines and reductions to the invoice, residents' complaints, designated staff, franchise fees, businesses, and an upcoming Waste Pro event. Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to deny Resolution No. 2023-31 establishing the annual rate of assessment for Solid Waste Services for FY 2023/2024. Amended motion by Commissioner JodyLee, seconded by Commissioner Colwell, to deny the annual rate increase of the assessment for solid waste for 2023/2024 and keep the annual rate for 2022/2023. The Commission discussed the number of men per truck, the lowest bidder, the mail out, commercial businesses, bundling and measuring waste, customer service, a recycling program, evictions and move outs, the Waste Pro contract, campaign donations, disenfranchising residents, special requests, the Waste Pro event, recycling, and doing away with plastic bags. The amended motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool C. Public Hearing - Resolution No. 2023-32, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. City of Deltona Page 4 Printed on 8/22/2023 City Commission Minutes August 7, 2023 Strategic Goal: Fiscal Issues Mayor Avila called a recess at 9:32 and reconvened at 9:41. Commissioner JodyLee suggested using solar lighting. Motion by Commissioner Colwell, to approve Items 6-C, 6-D and 6-E. The motion died for lack of a second. Motion by Commissioner JodyLee, seconded by Commissioner Burbank, to adopt Resolution No. 2023-32 establishing the annual rate resolution for streetlighting services for FY 2023/2024. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool D. Public Hearing - Resolution No. 2023-33, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Motion by Commissioner JodyLee, seconded by Commissioner Burbank, to adopt Resolution No. 2023-33 establishing the annual rate resolution for Lake McGarity aquatic week control services for FY 2023/2024. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool E. Public Hearing - Resolution No. 2023-34, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Motion by Commissioner JodyLee, seconded by Commissioner Burbank, to adopt Resolution No. 2023-34 establishing the annual rate resolution for nuisance abatement services for FY 2023/2024. The motion carried by the following vote: City of Deltona Page 5 Printed on 8/22/2023 City Commission Minutes August 7, 2023 For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool F. Public Hearing - Resolution No. 2023-35, A Resolution of the City of Deltona, Florida, Vacating the Utility Easements, on Property Located at 2032 Golden Arm Road Described as, the East ½ of Lot 45 & Lot 44 & West ½ of Lot 43, Block A, of the Treeshore Development Subdivision as recorded in Plat Book 32, Page 7; Providing for Conflicts, Severability, and an Effective Date. - Joseph Ruiz, Planning & Development Services Director (386) 878-8624. Strategic Goal: Economic Development Motion by Commissioner JodyLee, seconded by Commissioner McCool, to extend the meeting an additional 45 minutes. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Motion by Commissioner McCool, seconded by Commissioner JodyLee, to approve Resolution No. 2023-35, A Resolution of the City of Deltona, Florida, Vacating the Utility Easements, on Property Located at 2032 Golden Arm Road. The City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request approval and execution of the proposed City Attorney contract - Marsha Segal-George City Attorney (386) 878-8872. Mayor Avila opened the public comments. Elbert Bryan, Brandy White, Kathy Bryan, David Sosa, Dave Munoz, and Elizabeth Chavez addressed the City Commission. City of Deltona Page 6 Printed on 8/22/2023 City Commission Minutes August 7, 2023 Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor Bradford, to approved the City Attorney contract which reflects the terms of the proposal previously approved by the Commission on March 6, 2023 and direct the City Manager to execute the contract. Mayor Avila asked the City Manager that the Commission revisit the contract, make sure the correct signature lines are shown, to include an end date, and if the City Attorney is being hired as a firm the names of all the firm's employees or if the Commission is hiring her as an individual. The motion failed by the following vote: For: 2 - Vice Mayor Bradford, and Commissioner Avila-Vazquez Against: 5 - Mayor Avila, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 9. 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. Brandy White, Pamela Braun, Kathy Bryan, Dave Munoz, Gloria Ford, David Sosa and Elbert Bryan addressed the City Commission. Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to extend the meeting an additional 15 minutes. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 10. 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. Mayor Avila pulled Items 10-B, 10-E and 10-F for discussion. Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to approve Consent Agenda Items 10-A, 10-C, 10-G, 10-H, 10-I City of Deltona Page 7 Printed on 8/22/2023 City Commission Minutes August 7, 2023 and 10-J and to pull for discussed Items 10-B, 10-E and 10-F. For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool A. Request approval for procurement of a replacement backup storage appliance from CDW-G in the amount of $52,404.90 to provide disaster recovery storage for City technology assets - Robert Cordero, Information Technology Services Department (386) 878-8807. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve and authorize the purchase of a replacement backup storage appliance from CDW-G in the amount of $52,404.90. The City Manager has the authority to make corrections of scrivener's errors and the like B. Request approval of Resolution 2023-25, Budget Amendment and quote for the printing, mailing and postage of the Notice to Property Owner for the solid waste and stormwater special assessment for a cost of $30,000. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Mayor Avila asked if the fund was still needed since the Commission did not pass the increase and the Finance Director replied it is for the mail out that was done to notify the residents, this was not a budgeted expense last year and it is required. Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to approve Consent Agenda Item 10-B and remove Item 10-F from the Consent Agenda. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool C. Request for approval of a Federally Funded Subaward and Grant Agreement for DR-4673 Hurricane Ian - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Grant Management. Approved by Consent Agenda - to approve the Federally Funded City of Deltona Page 8 Printed on 8/22/2023 City Commission Minutes August 7, 2023 Subaward and Grant Agreement for DR-4673 Hurricane Ian and direct the City Manager to execute the agreement. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Mayor to sign any documents necessary to further Commission approval of this item D. Item 10-D has been pulled from the agenda by the City Manager. E. Request to approve the bid for purchase of treadmills and a stair climber for the Fire Department to Lloyds Exercise Equipment. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Public Safety Mayor Avila asked if this item was going out to bid and the Fire Chief replied it went out for bid and five companies responded. Mayor Avila stated the outside of the fire stations are not up to standard and he suggested to spend the money on that. The Fire Chief replied that the buildings are already being worked on. Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to approve Consent Agenda Item 10-E. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool F. Approval of Resolution No 2023-37 Adopting the updated Procurement Policies and Procedures - Mari Leisen Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues: Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to approve Consent Agenda Item 10-B and remove Item 10-F from the Consent Agenda.. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool City of Deltona Page 9 Printed on 8/22/2023 City Commission Minutes August 7, 2023 G. Request for approval to award Bid # 23025, as needed electrical services to MDH Enterprises, Inc. to be used as needed within the appropriated funding for each fiscal year throughout the award term. - Mark Manning, Parks & Recreation (386) 878-8905. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve and award Bid # 23025, as needed electrical services to MDH Enterprises, Inc. The City Manager has the authority to make corrections of scrivener’s errors and the like. H. Request for approval of Resolution No. 2023-38 Budget Amendment and contract to complete the follow-up Wastewater Night Flow Monitoring with USSI, LLC of Venice Fl. utilizing piggyback of the Toho Water District’s contract in the amount of $45,697.20 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Public Safety Approved by Consent Agenda - to approve Resolution No. 2023-23 Budget Amendment and recommend approval of the contract to complete the follow-up Wastewater Night Flow Monitoring with USSI, LLC., utilizing piggyback of the Toho Water District’s contract. The City Manager has the authority to make corrections of scrivener’s errors and the like. I. Request approval of Resolution No. 2023-36, Budget Amendment and the Task Authorization - Change Order #1 between the City of Deltona & Pegasus Engineering for Continuing On-Call Stormwater Engineering Services in the amount of $50,000.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve Resolution No. 2023-36, Budget Amendment and the Task Authorization - Change Order #1 between the City of Deltona & Pegasus Engineering for Continuing On-Call Stormwater Engineering Services in the amount of $50,000. The City Manager has the authority to make corrections of scrivener’s errors and the like. J. Request approval for purchase of Stormwater Capital Equipment City of Deltona Page 10 Printed on 8/22/2023 City Commission Minutes August 7, 2023 totaling $59,785.00 from Crystal Tractor located in DeLand, Florida - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve the authorization for the purchase of Stormwater Capital Equipment totaling $59,785.00 from Crystal Tractor. The City Manager has the authority to make corrections of scrivener’s errors and the like. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Burbank reported that the fire station across from Stone Island is taking cardboard. Commissioner McCool reported she is having a private fundraising event for cancer and she asked for the Commission to help get the word out. Commissioner JodyLee asked if the Commission should do a City Manager search and he asked for consensus to start the City Manager search. Mayor Avila clarified to start the City Manager tomorrow and to have it concluded two months before his contract is up. Vice Mayor Bradford suggested having a workshop, have resident input and then putting the search together. Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to extend the meeting another 15 minutes. The motion passed by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Commissioner JodyLee requested a consensus that City vehicles should be parked at City Hall at night with the exception of some Department Heads, City Manager and emergency service staff. Vice Mayor Bradford requested to provide residents notices of road resurfacing via door hangers or other means so they have time to prepare. Vice Mayor Bradford requested the excessive brush at Joyner Drive to Providence Blvd. be trimmed back because it is blocking the view. Vice Mayor Bradford requested an update on where we are with the land use code and the City of Deltona Page 11 Printed on 8/22/2023 City Commission Minutes August 7, 2023 strategic plan. The City Manager replied the consultant has been selected and we are going through the process. There will be a complete plan including workshops, resident input and the Commission input. Vice Mayor Bradford requested to bring back some of the old boards like the Ordinance Review Board and she would like an analysis of the boards in order to bring some of them back. Vice Mayor Bradford requested what in our ordinances is stopping the City from helping the dog "Barrock" on Howland Blvd. and Tabb Drive who is kept outside 24/7 in the elements. The City Manager replied staff is working on a revision to the ordinance that will hopefully solve that problem and the ordinance will need to come before the City Commission for two public hearings. Vice Mayor Bradford requested to look into the tethering ordinance and what does the City have to do to enforce that. Vice Mayor Bradford requested that the City sponsor a teacher supply appreciation event next year. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to extend the meeting another 15 minutes. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Mayor Avila requested to do a month long Veterans appreciation, Home Town Heroes, to include sponsorships to thank local Veterans. He would like staff to look into it and start it this year or at the latest next year and the Commission concurred. Commissioner Avila-Vazquez suggested to include the Veterans appreciation with Parks & Recreation's event next month. Mayor Avila requested a workshop to start the City Manager search to determine the criteria and the Commission concurred. Commissioner McCool stated she has a drawer full of the search firms and potential candidates that were interviewed previously. She is wanting to avoid duplication. Commissioner McCool requested an update on the status of the meter software and City of Deltona Page 12 Printed on 8/22/2023 City Commission Minutes August 7, 2023 software issues. Vice Mayor Bradford spoke about an email regarding a resident's increased water bill and she asked if there were checks and balances, how could this happen. The City Manager replied with the new system there is somewhat of a checks and balance system but, he is not familiar with the old system and whether it has that capacity or not. The City Manager requested resident's the name and address to look into it. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez spoke about the back to school event, school starting soon, and the budget workshops. Commissioner McCool spoke about the passing of City Employee Todd Healey with Deltona Water, the back to school event, a gentlemen with code issues and resident volunteers and the Neighbors Helping Neighbors. Vice Mayor Bradford spoke about the City Manager Report, Wed 6-73 internet VSO, the back to school event, sports and getting kids involved, and the upcoming Street Festival. Mayor Avila spoke about an open forum workshop - Seeking A Career In Performing Arts, the VSO's bikers against trafficking event and scheduling meetings with him on his website. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 11:24 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 13 Printed on 8/22/2023

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Monday, August 7, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. City of Deltona Page 1 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #4 Commissioner. 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 17, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: July 17, 2023 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2023-30, Establishing Annual Rate Resolution - Stormwater Services for FY2023/2024 - Mari Leisen, Finance Director (386) 878-8553 Strategic Goal: Fiscal Issues Background: The Stormwater Utility System is based on operation and capital needs and is funded by fees levied to the property owners in the City of Deltona. Section 54-158 of the Code of Ordinances requires the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. On June 19, 2023, the Commission voted to approve a preliminary annual rate of $160 per equivalent residential unit (ERU). The attached Resolution 2023-30 will establish an annual rate of $160 per ERU for FY2023/2024 for stormwater utility assessments. City of Deltona Page 2 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2023-30 Reso - Annual Rate - Stormwater -Aug 2023 B. Public Hearing - Resolution No. 2023-31, Establishing the Annual Rate of Assessment for Solid Waste Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Solid Waste Collection System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-56 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. On June 19, 2023, the Commission voted to approve a preliminary annual rate resolution of $233.15 per Equivalent Residential Unit. Resolution 2023-31 will establish the annual solid waste assessment rate for FY 2023/2024 of $233.15 per ERU. 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. Attachments: 2023-31 Reso - Annual Solid Waste - Aug 2023 C. Public Hearing - Resolution No. 2023-32, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Streetlighting Services System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-253 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The proceedings for adoption of an Annual Rate Resolution require the adoption of an Annual Rate Resolutions. Attached is the Preliminary Annual Rate Resolution for street lighting assessments. City of Deltona Page 3 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 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. Attachments: 2023-32 Reso - Annual Rate - Streetlighting - Aug 2023 D. Public Hearing - Resolution No. 2023-33, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: The Lake McGarity Special Assessment District was established to provide aquatic weed control services for the Lake. The cost of those services is apportioned to properties that will benefit from those services and will be levied to the property owners. Section 54-16 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption. Attached is the Annual Rate Resolution for Aquatic Weed Control Services assessments for the Lake McGarity Special Assessment District for FY 2023/2024. Staff is proposing an annual rate of $60.00 per assessed parcel. 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. Attachments: 2023-33 Reso - Annual Rate - Lake Clean Up - Aug 2023 E. Public Hearing - Resolution No. 2023-34, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Background: The Nuisance Abatement Assessment was established in 2018 for the collection of unpaid costs and expenses incurred by the City for nuisance and lot clean-up. On June 6, 2022, the commission, by unanimous vote, recommended the City to include $1,527.30 as a non-ad valorem tax levy for 179 Citation Avenue for a period of ten years. This is an effort for the City to recoup the costs associated with the abatement of the property for clean-up that is a nuisance and a threat to public health, safety and welfare. Section 54 of the Code of Ordinances requires that the City City of Deltona Page 4 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. Attached is the Annual Rate Resolution for Nuisance Abatement Services for FY 2023/2024. The total outstanding and unpaid assessments for the provision of Nuisance Abatement Services for FY 2023/2024 is $21,223.94. 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. Attachments: 2023-34 Reso - Annual Rate - Nuisance Abatement-Aug 2023 F. Public Hearing - Resolution No. 2023-35, A Resolution of the City of Deltona, Florida, Vacating the Utility Easements, on Property Located at 2032 Golden Arm Road Described as, the East ½ of Lot 45 & Lot 44 & West ½ of Lot 43, Block A, of the Treeshore Development Subdivision as recorded in Plat Book 32, Page 7; Providing for Conflicts, Severability, and an Effective Date. - Joseph Ruiz, Planning & Development Services Director (386) 878-8624. Strategic Goal: Economic Development Background: The applicant, Vivian Tommaso, applied to the City for the vacation of certain easements currently existing on property located at 2032 Golden Arm Road. The subject property is part of the Treeshore Development Subdivision recorded on January 23, 1973, within Plat Book 32, Page 7. The plat, as intended, provided subdivided fee-simple lots, dedicated Right-of-Ways, and utility easements. The plat established 10-foot rear and side yard easements and 5-foot front yard easements on each of the subdivided lots for the purposes of public utilities and drainage. Easements are intended to be areas free and clear of permanent improvements to allow for utility and access improvements in the event these are deemed necessary. In researching the platted subdivision and the permitted homes constructed pre-City incorporation, staff noted various homes were constructed upon lots in whole and in-part. Without the benefit of a re-plat of the previously subdivided lots, the County issued building permits for new homes which conflicted with existing utility easements established within the original Treeshore Development Subdivision. Thus, although the constructed home located on the subject 2032 Golden Arm Road property was legally permitted, the easements were never officially vacated. City of Deltona Page 5 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 At this time, the applicant submitted the application to vacate the utility easements with which the existing home and improvement locations conflict. The conflict can be reviewed within the attached survey. The applicant submitted an 811 Sunshine Utility Report and the letters of no-objection from each utility provider holding easement rights, including the City’s own Deltona Water. Based on the letter’s of no-objection and the location of the existing permitted home, staff deems it is in the public interest to vacate the conflicting 10-foot side yard platted easements as provided for in the City’s Code of Ordinances Chapter 58, Article III - City Easement Abandonment. Attachments: Resolution No 2023-35 - 2032 Golden Arm Road 2032 Golden Arm Road Survey Treeshore Development Recorded Plat 811 Report 2032 Golden Arm Road Letter of No Objection City of Deltona 2032 Golden Arm Charter (Spectrum) No Objection Letter 2032 Golden Arm FPL No Objection Letter 2032 Golden Arm ATT No Objection Letter 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request approval and execution of the proposed City Attorney contract - Marsha Segal-George City Attorney (386) 878-8872. Background: On March 6, 2023 the City Commission approve Marsha Segal-George, P.A.’s proposal for City Attorney and to provide legal services as needed. The City Attorney contract reflects the terms of the proposal previously approved by the Commission on March 6, 2023. Attachments: City Attorney Contract for Deltona 9. 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. City of Deltona Page 6 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 10. 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 procurement of a replacement backup storage appliance from CDW-G in the amount of $52,404.90 to provide disaster recovery storage for City technology assets - Robert Cordero, Information Technology Services Department (386) 878-8807. Strategic Goal: Infrastructure Background: The City’s current backup appliance is becoming end of life and will not have the capacity to backup the necessary City technology assets. It also lacks the features and functionality to leverage new disaster backup technology options. The IT Services Department budgeted for potential replacement and procurement of a replacement appliance in the Fiscal Year 2022/2023; as such, there is sufficient funds to cover this expenditure. We evaluated (3) vendors and based on our evaluation determined that the backup appliance by Cohesity is the most robust, feature rich, and cost effective solution to meet the City’s needs. This solution will allow the City to scale up as storage needs grow. All licenses are for 1 year and will be included in future budgets. CDW-G is an authorized reseller of the solution from Cohesity. They are providing pricing based on the National IPA Technology Solutions (2018011 01) contract. ‐ Attachments: Deltona Cohesity 06272023.pdf B. Request approval of Resolution 2023-25, Budget Amendment and quote for the printing, mailing and postage of the Notice to Property Owner for the solid waste and stormwater special assessment for a cost of $30,000. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues Background: On June 19, 2023, the City Commission voted to adopt Resolution 2023-14 establishing the Preliminary Annual Rate Resolution for Stormwater Service and Resolution 2023-15 establishing the City of Deltona Page 7 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 Preliminary Annual Rate of Assessment for Solid Waste Services. The City Ordinance requires a notice by first class mail to the owner of each parcel of property for an increase is assessment previously provided to the owners of assessed property, and inform the owner of the date, time and place for the adoption of the annual rate of resolution. The mailings were sent to property owners as of July 12, 2023. Attachments: BA2023-050 Printing, mailing and postage for tax assessments 2023-25 Reso - BA 2023-050 Printing, mailing and postage for tax assessments Minuteman Press - quote for mailing C. Request for approval of a Federally Funded Subaward and Grant Agreement for DR-4673 Hurricane Ian - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Grant Management. Background: Public Assistance is FEMA’s grant program providing funds to assist communities after a federally declared disaster or emergency. The program provides funding for emergency assistance to save lives and protect property. The City of Deltona has applied for a reimbursement grant in response to Hurricane Ian. The cost share from the federal government is not less than 75% of eligible costs. The State of Florida Department of emergency management will provide a match for state agencies and local governments are required to provide one-half of the required match prior to receipt of financial assistance. The amount of federal funds obligated has not been determined at this point in time. The application for Public Assistance has been approved. The Florida Division of Emergency Management (FDEM) has forwarded the Public Assistance Subgrant Agreement for DR-4673 (Hurricane Ian). The attached document has been reviewed and must be signed by the Mayor and returned to FDEM. The next step is the Public Assistance Group Supervisor prepares the final review and submits the application into a queue where FEMA will obligate the Federal share of the eligible project to the Recipient. The Recipient (FDEM) is responsible for notifying the City when funds are available and will pass the funds to the City of Deltona. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Mayor to sign any documents necessary to further Commission approval of this item. Attachments: Z3120 Hurricane Ian - unsigned by Mayor D. Item 10-D has been pulled from the agenda by the City Manager. City of Deltona Page 8 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 E. Request to approve the bid for purchase of treadmills and a stair climber for the Fire Department to Lloyds Exercise Equipment. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Public Safety Background: The Fire Department budgeted capital funds in FY22/23 to replace treadmills at all stations and add a stair climber. The treadmills we currently have are out of date and have had to be repaired multiple times due to their age and wear. The stair climber is to help for pre-hire testing and prepare for annual physicals. The current agreement with the Firefighters Union requires a treadmill in each station. Each Fire Station will get a new treadmill in the designated weight room and the stair climber shall be located at Station 65. Staff solicited bids for five (5) treadmills and one stair climber in Bid#23026.Six bids were received from Allways Improving, Coastal Fitness Services, Fitness First, Fitnessmith, Fitness Superstore Inc, and Lloyd’s Exercise Equipment. All of which are attached for your review. Staff review the bids and have chosen to recommend awarding the bid to the lowest bidder, Lloyds Exercise Equipment. Attachments: Bid#23026 Packet (all bids) Lloyd's Estimate #72345 Signed award memo and bids F. Approval of Resolution No 2023-37 Adopting the updated Procurement Policies and Procedures - Mari Leisen Finance Department (386) 878-8553. Strategic Goal: Fiscal Issues: Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Background: The Commission approved and adopted the Procurement Policies and Procedures Manual on February 1, 2021. Staff has made changes and proposes that the City Commission adopt a new Procurement Policies and Procedures Manual allowing for City Manager approval of purchases over $25,000 that have already been approved through the budget process by the Commission. Attachments: Resolution 2023-37 PROCUREMENT POLICIES AND PROCEDURES MANUAL REVISED AUGUST City of Deltona Page 9 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 G. Request for approval to award Bid # 23025, as needed electrical services to MDH Enterprises, Inc. to be used as needed within the appropriated funding for each fiscal year throughout the award term. - Mark Manning, Parks & Recreation (386) 878-8905. Strategic Goal: Infrastructure Background: Staff solicited bids seeking licensed and qualified electrical contractors to provide services that may typically include, but that are not limited to, electrical services for City facilities and buildings on an annual, as needed basis. The bid was posted on www.demandstar.com and broadcasted to 285 companies. Two responses were received, with the low bid being received from MDH Enterprises, Inc. The bids and the bid tabulation are attached. Attachments: Signed Award Memo and Bids (004) H. Request for approval of Resolution No. 2023-38 Budget Amendment and contract to complete the follow-up Wastewater Night Flow Monitoring with USSI, LLC of Venice Fl. utilizing piggyback of the Toho Water District’s contract in the amount of $45,697.20 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Public Safety Background: As discussed at the April 5, 2021 meeting regarding FDEP Consent Order OGC# 20-1509 for the Deltona Lakes Water Reclamation Facility, Deltona Water undertook an I&I Study in an effort to reduce the amount of stormwater and groundwater infiltration into our sanitary sewer collection system. During the wet season, our wastewater treatment plants see drastic increases (40% greater, and more) in flows, at least in part due to cracked and leaky pipes, manholes, broken clean-outs, illegal connections, etc. The result of these increased flows means that we ’re paying to treat groundwater and/or stormwater at the plants which is inefficient, expensive, and can lead to overflows when the collection system cannot keep up with volumes they were not designed to handle. After consultation with various other Florida Utility providers and participating in presentations by 3 different venders it was determined by Staff that USSI provided the better service at reasonable rates. One of the selection criteria included their ability to communicate with the general public and customers which should help minimize customer calls and concerns. Phase I & Phase II was accomplished using a City of Deltona Page 10 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 piggyback contract from Toho Water District’s contract. Phase I of the I&I Study with USSI, LLC. was for providing data of issues that needed to be corrected and Phase II was for repairs. This request for approval is for the follow up I&I Study to measure infiltration and inflow compared to the results from Phase I as stipulated in Consent Order OGC # 20-1509. Attachments: 2023-38 Reso - BA 2023-055 Sewer Collection Sys BA 2023-055 Sewer Collection System City of Deltona Midnight Investigation Estimate 6-30-2023 7N - AMENDED AND RESTATED AGREEMENT WITH USSI LLC. FOR IN-FLO I. Request approval of Resolution No. 2023-36, Budget Amendment and the Task Authorization - Change Order #1 between the City of Deltona & Pegasus Engineering for Continuing On-Call Stormwater Engineering Services in the amount of $50,000.00 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: Pegasus Engineering is one of three (3) firms selected through a Request for Qualifications process to provide Stormwater Engineering On-Call Services. Services provided can include peer reviews, inspections, evaluation of infrastructure, prepare memorandums related to drainage & flooding causes; provide assistance to staff to review site development submittals; perform miscellaneous coordination efforts with SJRWMD, FDOT, Volusia County, FDEM, FEMA and other organizations; prepare for and attend the Volusia County Local Mitigation Strategy meetings. Attachments: 2023-36 Reso - BA 2023-052 Professional Services SW BA 2023-052 Professional Svcs 380 Pegasus Engineering On-Call Services $50,000 J. Request approval for purchase of Stormwater Capital Equipment totaling $59,785.00 from Crystal Tractor located in DeLand, Florida - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: For FY 2022/2023 the City Commission approved capital equipment purchases for Stormwater including two (2) Mowers and a Utility Vehicle (Gator). Public Works has utilized the Sourcewell Contract RFP#031121 to find the most competitive and responsive pricing City of Deltona Page 11 Printed on 8/7/2023 City Commission Regular Commission Meeting August 7, 2023 available for the purchase of the mowers & utility vehicle from Crystal Tractor located in DeLand, Florida. The cost of the mowers are $22,381.89 each (total $44,763.78) and the utility vehicle $14,971.22 for a Grand Total of $59,785.00. Attachments: SW Requistion Purchase Sourcewell RFP031121 Contract 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. 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 Manager in writing at CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd., Deltona, FL 32725 at least 48 hours prior to the meeting at which the person wishes to attend. The City is not permitted to provide the use of human physical assistance to physically handicapped persons in lieu of the construction or use of ramps or other mechanical devices in order to comply with Florida law. If proper accommodations for handicapped access cannot be made at a particular public meeting venue pursuant to a timely written request under Section 286.26 F.S., the City Manager shall change the venue of that meeting to a location where those accommodations can be provided. City of Deltona Page 12 Printed on 8/7/2023

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