City Commission

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, September 18, 2023 6:00 PM Deltona Commission Chambers REVISED 9/14/2023 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. City of Deltona Page 1 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 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: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Mayor Avila. 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 28, 2023, the Special Commission Meeting of September 6, 2023, and the Executive Session of September 11, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 28, 2023 RCM Minutes September 6, 2023 SCM Minutes September 11, 2023 Executive Session Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - National Family Day City of Deltona Page 2 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 Background: National Family Day is celebrated on the fourth Monday in September. It is a day that encourages every family member to gather around the table to enjoy a meal together, talk to each other, discuss everyone’s day and then commit to having another meal together before the week is out. It is a time where children learn responsibility while helping to prepare the meal and cleaning up. Conversations about grades, dating, borrowing the car, and moving away, and debate politics. These conversations start at a dinner table, they shouldn’t begin when our children’s world turns upside down . B. Proclamation - Hispanic Heritage Month- September 15 - October 15, 2023 Background: Each year, Americans observe Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from many different countries including Central and South America. The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. The 2023 theme “Latinos: Driving Prosperity, Power, and Progress in America.” C. Senator Tom Wright will present a check to the City of Deltona for the Fisher Wastewater Treatment Facility Plant Conversion in the amount of $1,500,000 and the Eastern Wastewater Treatment Facility Expansion - Sewer Improvement in the amount of $2,000,000. Funding was secured with assistance from Senator Tom Wright, Representative Webster Barnaby and Representative Tom Leek. Background: The appropriation request totaling $3,500,000 was approved by the Florida Legislature for the 2022-2023 Florida Budget and signed by Governor DeSantis on June 15, 2023. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2023-48, Adopting the Final Millage Rate - Levy of Ad Valorem taxes for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing on the final budget within 15 days after the adopting the tentative budget, the taxing authority shall advertise in a newspaper of general circulation in the county, its intent to finally adopt a millage rate and budget. A public City of Deltona Page 3 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 hearing to finalize the budget and adopt a millage rate shall be held not to less than 2 days nor more than 5 days after the day that the advertisement is first published. During the hearing, the governing body of the taxing authority shall amend the adopted tentative budget as it sees fit, adopt a final budget, and adopt a resolution stating the millage rate to be levied. At this hearing, the City will: · First discuss the percentage increase in millage over the rolled-back rate. The final millage rate of 7.3500 reflects 8.86% increase from the rolled-back rate of 6.7519 mills. · Adopt a final millage (Resolution No. 2023-48) and final budget (Resolution No. 2023-49) by separate vote, and in that order as required by State Law. · Prior to adopting the millage-levy resolution publicly announce: o The City of Deltona, Florida o The rolled-back rate is 6.7519 o The percentage increase over the rolled-back rate is 8.86% o The millage rate to be levied is 7.3500. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2023-48 Reso - Final Millage - Second Hearing 091820223 B. Public Hearing - Resolution No. 2023-49, Adopting the Final Annual Budget - Annual Budget for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553. Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing on the final budget within 15 days after the adopting the tentative budget, the taxing authority shall advertise in a newspaper of general circulation in the county, its intent to finally adopt a millage rate and budget. A public hearing to finalize the budget and adopt a millage rate shall be held not to less than 2 days nor more than 5 days after the day that the advertisement is first published. During the hearing, the governing body of the taxing authority shall amend the adopted tentative budget as it sees fit, adopt a final budget, and adopt a resolution stating the millage rate to be levied. At this hearing, the City: · Will adopt a final budget for Fiscal Year 2023-2024. City of Deltona Page 4 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 · Will adopt a budget Resolution No. 2023-49. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2023-49 Reso - Final Budget - Second Hearing 09182023 FY23-24 Tentative Budget - Citywide Summary of Changes FY23-24 Proposed Budget C. Request for approval of Ordinance No. 10-2023, amending Section 110-806, “Fences, Walls, and Hedges,” of Article VIII, “Supplementary Regulations”, of Chapter 110 “Zoning”, of the Land Development Code (Ordinance No. 10-2023), at first reading - Planning and Development Services Strategic Goal: Demonstrate Effective Policy-Leadership Background: The City has an adopted Citywide Land Development Code (LDC). The City Land Development Code regulations change overtime based on times, trends, state preemptions, public input, and regulatory reviews amongst other things. Various revisions to the “Fences, Walls, and Hedges” regulations have occurred overtime. The City Commission adopted the latest revision to the “Fences, Walls, and Hedges” Section 110-806 of the City’s Land Development Code on May 16, 2016. On May 8, 2023, the City Commission conducted a workshop with a discussion of possible revisions to the current LDC Section 110-806. - “Fences, Walls, and Hedges” regulations. The commission and the public provided input on recommendations of revisions to the code. Highlighted within the discussion was the removal of the waterfront and golf course lot side and rear yard fence opacity requirements, addition of provisions for eight (8) - foot fences, and an overall simplification of the code section. Attached is the proposed Ordinance No. 10-2023, which includes changes to Section 110-806. - “Fences, Walls, and Hedges”. On August 16, 2023, the Planning and Zoning Board unanimously recommended the City Commission approve Ordinance No. 10-2023, with the condition that a visibility triangle illustration be added. Highlights of proposed Ordinance No. 10-2023 are as follows: 1) Removal of the waterfront and golf course side and rear yard fence requirements. 2) Removal of the uniform opacity requirements. 3) Fence permits shall run with the land, and not required for City of Deltona Page 5 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 replacement regardless of material. 4) New provision for eight (8) - foot tall fences along the side street and rear yards. 5) Recommended revisions to the wall requirements, providing for only privacy and retaining walls with a required drainage review from Public Works. 6) Sight visibility triangle requirements for fences, walls, and hedges within corner lots. The City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Ordinance No. 10-2023 Exhibit A - Redline Exhibit A - Clean Corner Lot Site Visibility Triangle 7. OLD BUSINESS: 8. NEW BUSINESS: 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. 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 for approval of the Team Volusia Economic Development Corporation Cooperative Agreement for 2023-2024 - Glenn Whitcomb, Interim City Manager. (386) 878-8858. Strategic Goal: Economic Development Background: The purpose of this Agreement is for the City of Deltona and Team Volusia Economic Development Corporation to continue the support City of Deltona Page 6 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 and implementation of a program of economic and business development and expansion in the City of Deltona and throughout Volusia County in order to enhance the economic well-being of the citizens of the City of Deltona and Volusia County. To this end, the City of Deltona desires to contract with TVEDC in order to provide for implementation of the economic and business development program and to ensure accountability for the use of public funds. Attachments: Team Volusia Letter Team Volusia Economic Development Agreement Deltona 2023-2024 Cooperative Agreement B. Request for approval a renewal of a Microsoft Enterprise Agreement with Software House International. - Robert Cordero, IT Director, 386-878-8807 Strategic Goal: Internal/External Communication Background: In 2005, the City of Deltona choose to procure an Enterprise Agreement with Microsoft for software relating to Microsoft applications and services. The City has historically renewed this agreement every 3 years beginning in October. The current Microsoft Enterprise Agreement with the City has come up for renewal. ITSD is providing the agreement documents for renewal of Microsoft 365 licenses, and server products from Software House International (SHI). This Enterprise Agreement is for the continual usage of Microsoft Windows 11 Enterprise, Office 365, Exchange Online, Azure, and Server CALs. It provides software assurance (upgrades) for Microsoft Server Standard and Enterprise, MS Visio, Project, and SQL servers. Without this renewal we would no longer have the ability to use Exchange Online for emails, or use the existing Office applications on City desktops and servers. This agreement protects the City’s investment in its Microsoft licenses for the purpose of upgrades and ensures the City stays compliant with Microsoft in terms of licensing. In terms of upgrades, the City has the right to upgrade all licenses with software assurance to the latest version. This agreement is being piggybacked from Sourcewell Technology Catalog Solutions using contract #: 081419-SHI. SHI is the originator of this contract and can only be renewed from them. The terms of this agreement are for 3 years for a total contract price of $442,310.94. This agreement is always paid annually each year at $147,436.98 based on our current usage count. ITSD budgets each year for this payment and has done so in the fiscal year budget of 2023/2024. We are requesting the City Commission to approve this agreement at a cost of $442,310.94 paid in equal payments each year. City of Deltona Page 7 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 The terms of the agreement go from 10/1/2023-9/30/2026. IT will place the annual amount in each budget year for commission approval. This expenditure is budgeted in the Software Maintenance line item under the IT department budget. The agreement requires a signature and purchase order from an authorized city official. Annual payments are contingent on fiscal year budgetary appropriations by the City Commission as per State of Florida statue. The IT Department will budget for and bring forth this annual payment each year for approval. Attachments: PKG09482924 EA# 55268174 - Budgetary Renewal.xls SHI Quote-23788834 C. Request for approval of purchases for FY23-24 contingent on approval of final budget - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Maintain current fiscal stability, maximize alternative funding sources, and promote and effective system of checks and balances. Background: In accordance with the City’s Procurement Policy, the City Commission must approve any purchase over $25,000. The attached list represents purchases that will need to be made in the upcoming fiscal year contingent on the approval of the final budget. Additional purchases over $25,000 will be brought to the Commission as needed. Attachments: PO's over $25,000 for FY23/24 D. Request for approval of the Agreement for Waiver of Local Match Requirements for Public Assistance for Hurricane Ian and Hurricane Nicole (SB4A Waiver) - Mari Leisen, Finance Director, (386) 878-8553. Strategic Goal: Fiscal Issues - Grant Management. Background: During the 2022 Special Session, the Florida Legislature passed Senate Bill 4-A allocating $350 million dollars to provide one-half of the required match for FEMA’s Public Assistance (PA) program to local governments impacted by Hurricane Ian (DR-4673) and Hurricane Nicole (DR-4680). The City of Deltona is eligible to receive the Public Assistance match because the City is named in a FEMA disaster declaration for Hurricane Ian and Hurricane Nicole. The funds will be allocated to local governments who have an executed agreement with the Florida Division of Management of Emergency Management (FDEM) on a “first come first received” basis. The funds received must be spent to further disaster recovery and/or mitigation projects. City of Deltona Page 8 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 Attachments: SA-52435 First Edition - Hurricane Ian SA-52639 SBA4 Waiver First Edition - Hurricane Nicole E. Renewal requests for Brown & Brown coverage premiums, Acentria-Employee Benefits and Service Contract, and the AdventHealth contract - Rebecca Wilk, Human Resources (386) 878-8754. Strategic Goal: Fiscal, Internal/External Communication Background: Brown & Brown coverage premiums: · Property · Inland Marine · General Liability · Automobile · Public Officials · Crime · Workers’ Compensation · Liquor Liability · Storage Tank Liability Acentria- Employee Benefits and Service Contract: · United Healthcare (Medical, Dental, & Voluntary Vision) · Group Life, Short-term and Long-term Disability · Firefighter Cancer Benefit and Accidental Death & Dismemberment (AD&D) · Acentria Broker Services · Information purposes only: Voluntary Benefits AdventHealth: · Annual and pre-employment physicals Attachments: Brown & Brown Premiums FY23/24 AdventHealth Centra Care Corporate Care FY23-24 Acentria Renewal Summary FY23-24 F. Request approval of Resolution No. 2023-52, a Change Order & Budget Amendment with Hawkins Inc. the chemical provider for Deltona Water to supply “As Needed Chemicals and Chemical Feed Equipment” in an amount not to exceed $70,000 - Phyllis Wallace, Interim Public Works (386) 878-8965. Strategic Goal: Infrastructure Background: The City of Deltona put out for bid “As Needed Chemicals and Chemical Feed Equipment” that was due on September 22, 2022. It City of Deltona Page 9 Printed on 9/14/2023 City Commission Regular Commission Meeting September 18, 2023 was broadcast to 176 suppliers, it had 10 plan holders and 1 watcher. Purchasing only received 1 bid submittal from Hawkins Inc. dba Hawkins. Between 2022 & 2023 there has been upwards of a 188% increase in the price per gallon on chemicals such as Ammonium Sulfate 188%, Polyorthophosphate 181% and Sodium Hypochlorite 40% resulting in a budget shortfall to purchase critical chemicals to the end of FY 22/23. This escalation in prices is not unique to Hawkins, Inc. but regrettable within the chemical provider industry. Attachments: 2023-52 Reso - BA 2023-082 Chemicals 361 BA2023-082 DW Chemicals 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 10 Printed on 9/14/2023