Professional Documents
Culture Documents
1. CALL TO ORDER:
Background: N/A
5. PRESENTATIONS/AWARDS/REPORTS:
Background: Super Star Student of the Month Awards for April 2022 will be
presented to:
Background: National Bike Month is a celebration of cycling held every May in the
United States. It is sponsored by the League of American Bicyclists
and celebrated in communities from coast-to-coast. Established in
1956, National Bike Month is a chance to showcase the many benefits
of bicycling and to encourage more folks to giving bicycling a try.
Background: The proposed City mobile food dispensing vehicle (MFDV) (AKA food
trucks) regulations are predicated on allowing food truck operations on
certain developed and actively used areas within certain City zoning
classifications. In addition, some land development elements such as
parking and access can impact the availability of certain sites to be
used for food trucks. The proposed regulations are consistent with a
2020 State law that limits local government regulation of MFDV.
City of Deltona Page 2 Printed on 5/2/2022
City Commission Regular Commission Meeting May 2, 2022
stakeholder meeting.
The Planning and Zoning Board heard this ordinance on December 15,
2021. Normally the Planning and Zoning Board does not hear Chapter
22, Businesses related ordinances. However, since the locational
criteria of Ordinance No. 03-2022 was based heavily on zoning and
involves land development type of criteria (parking, etc.), Staff
advanced the MFDV ordinance to the Planning and Zoning for review.
Five members of the Planning and Zoning Board voted in favor to
recommend the City Commission adopt Ordinance No. 03-2022. The
remaining two members abstained from the vote claiming personal
conflicts. These members have been provided with forms for a conflict
declaration.
The City Commission on January 18, 2022 did not take direct action on
Ordinance 03-2022 but directed staff to conduct another stakeholder
meeting to solicit more public comment. Staff was also directed to
bring the Ordinance back to the City Commission on March 21, 2022.
On February 2, 2022 staff conducted another scoping meeting on
Ordinance 03-2022. As a result of the February 2, 2022 meeting and
other public input, staff has made the following changes to the
Ordinance:
1) Fines have been reduced from $500.00 an infraction/day to
$200.00;
2) Properties actively used and zoned Business Planned Unit
Development or Industrial Planned Unit Development, unless
explicitly prohibited by the Development Agreement, will be
eligible for MFDV activity;
3) On site seating opportunities have been expanded from one
parking space of 171 square feet to two parking spaces of 342
square feet. These seating areas need to be clearly demarcated
and cordoned off from drive aisles and/or parking stalls;
4) Hours of operation have been expanded from 8:00 am to 10:00
pm to 7:00 am to 10:00 pm; and
5) The number of food dispensing vehicles on a site will be
controlled not by the size of the developed area but by extra
available parking at the facility. There is language added to
consider the parking dynamics of facilities/institutions with non
overlapping hours of operation like a house of worship.
Finally, there was discussion about the requirement to produce written
and notarized authorization of owner allowing a MFDV to operate on
the property. Some stakeholders indicated obtaining permission from
various corporate entities can be daunting. However, staff is of the
opinion owner authorization is necessary to minimize City liability. In
addition, owners will be responsible for any liabilities such as
OPTIONS:
1. Approve Ordinance No. 03-2022.
Advantages:
a. Mobile Food Dispensing Activities will be located in
established commercial areas minimizing conflicts with
residential neighborhoods.
b. The City will be able to manage the location of MFDVs to
ensure the sites used will remain functional, will not create
safety challenges, and will not conflict with the operation of
the developments in which they are located.
c. MFDV operations will be made more aesthetic.
d. MFDV will adhere to appropriate fire safety protocol.
e. Public right of ways will not be used for food truck (MFDV)
operation or related marketing.
Disadvantages:
a. Sites available for MFDV activity will be limited. Therefore,
some neighborhoods maybe underserved with dining
choices.
b. MFDVs will be required to adhere to certain parameters to
meet fire safety and site plan matters thus making the
spontaneity of the business model difficult to realize.
impacted.
Attachments: Food Truck OrdinanceMarch22.pdf
OSC_7192219_Affidavit.pdf
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Approval of revised standardized Facility Use Agreement for the Parks and
Recreation Department. John Peters, III (386) 878-8850.
Background: The City’s standardized facility use agreement was last revised on May
5, 2015. The new standardized facility use agreement clarifies the
dates, times, and fields/facilities being utilized and the fees associated
with the activities. When this facility use agreements are executed in the
future, the City staff will include separate Code of Conduct forms for
parents, participants, and signatories to be executed by all parties.
OPTIONS:
1. Approve new standardized facility use agreement- Parks &
Recreation will proceed with new facility use agreement.
Background: Currently there are two Youth Soccer Organizations that responded to a
Request for Proposals (RFP) who desire to use the City facilities. The
revised facility use agreements will include the fields, dates, and times
for each organization to use City fields. These agreements will be
based on five dollars per participant per season. We are requesting
that the Commission authorize the Acting City Manager to finalize and
sign the negotiated facilities use agreements with All Nations and
Deltona Youth Soccer.
OPTIONS:
Background: Island Walk South Subdivision was approved on March 31, 2022 and
included the request from the City of Deltona for Island Walk South
Subdivision to upsize their required Force Main along Lake Helen
Osteen Road to facilitate utility service to both existing and new
customers in the area. The agreement outlines the cost of the pipe
upsize and the City’s responsibility to pay for the difference in pipe and
to grant impact fee credit for the base cost of the utility extension.
OPTIONS:
1. Approve: Proceed with upsize and impact fee credit agreement
and construction will proceed.
2. Deny: Construction of the force main and residential subdivision
may not occur.
Attachments: Commission Ready Island Walk South Utility Agmt 4.20.22
D. Request approval of an Interlocal Agreement Between the City of Deland, City
of Deltona, City of Orange City, and County of Volusia as Water Suppliers to
Conduct a Capital Improvement Plan Coordination Study at a cost of $120,000.
- Steven Danskine, Public Works/Deltona Water (386) 878-8998.
Background: The members of the West Volusia Water Suppliers (WVWS) previously
engaged in an interlocal agreement to study, and ultimately construct a
rapid aquifer recharge project at an abandoned borrow pit adjacent to
Blue Springs. This project was undertaken in an effort to address items
in the Blue Springs Basin Management Action Plan, and assist each
During the course of the Borrow Pit Study, it was determined that
adequate flows would not be obtained through this project to meet the
needs of the majority of the members, therefore that project has been
abandoned, and unexpended funds retained by each member.
OPTIONS:
1. Approve - Proceed with the agreement and study.
2. Deny - Proceed on our own.
Attachments: 34L7540-WVWS Interlocal for Mead & Hunt Study
Borrow Pit 102120 Inv and contract
Borrow Pit 102621 Inv.
E. Request for approval of Resolution No. 2022-10 and budget amendment to
provide funding for of the ABM Building Services, LLC contract. The contractor
will identify and prioritize ADA compliance issues and overall deficiencies of
City buildings and facilities. - Mari Leisen, Finance Department (386) 878-8553.
Today, the budget resolution and amendment will provide the funding
for the ABM Building Services, LLC contract. The funding will reduce
the fund balance in the General Fund.
OPTIONS:
1. Approve the budget amendment to move $50,000 from the
General Fund Balance to the Parks and Recreation Department
to pay for the services provided in the ABM Services, LLC.
2. Do not approve the budget amendment to move $50,000 from
the General Fund Balance to the Parks and Recreation
Department to pay for the services provided in the ABM
Services, LLC.
Attachments: BA 2022-043 ABM Contract
2022-10 Reso - BA 2022-043 ABM Contract
F. Request approval to remove old tank coatings and recoat three ground storage
tanks with Crom Coatings And Restorations, in accordance with their
Agreement with the City of Deltona and RFP# PW 18-09 for Contracted as
Needed Repairs & Modifications to the Ground Storage Tanks, in the amount
of $423,300.00. - Steven Danskine, Public Works/Deltona Water (386)
878-8998.
Background: This project is to remove old Ground Storage Tank coatings and apply
new coatings on three pre-stressed concreate water storage tanks.
system, there are three Ground Water Storage Tanks that need to be
recoated. The condition of these tanks was observed and noted during
the Sanitary Survey conducted by the Volusia County Health
Department last year. Recoating of the tanks will seal any minor cracks
and imperfections that the tanks may have and will protect the steel that
is in the concrete and will prevent any leaks from occurring from the
tank. Available funds will be reallocated from another utilities project.
(1) Use high pressure water jetting to remove existing tank exterior
coatings.
(2) Apply Tnemec 218 up to 10% of the exterior wall surface.
(3) Apply two coats of Theroseal followed by two coats of Tnemec
Series 156 Enviro-Crete Elastomeric at 4-8 mils DFT per coat
to exterior wall and dome concreate surfaces, per
manufacturer’s recommendation.
Tank 1: 500,000 gallon Ground Storage Tank (Plant No. 7, 1240 Saxon
Blvd)
Tank 2: 1,000,000 gallon Ground Storage Tank (Plant No. 7, 1240
Saxon Blvd)
Tank 3: 1,000,000 gallon Ground Storage Tank (Plant No. 8, 2741
Courtland Blvd)
OPTIONS:
1. Approve - Proceed with the project and recoat three Ground Storage
Tanks.
2. Deny - Project will not be completed and the Ground Storage Tanks
will continue to deteriorate.
Attachments: Crom Quote
2019-2020 Signed Renewal- CROM-RFP# PW 18-09
Crom Coatings Restorations LLC PW 18-09
Pictures Crom Tanks
Signed 2020-2021 Renewal-CROM RFP# PW 18-09
Signed 2021-2022 Renewal-CROM RFP# PW 18-09
G. Section 11(1) of the City of Deltona Charter (“Charter”) which requires that the
Charter be reviewed at least every 10 years. This item is to review the material
requested by the Commission during the April 6, 2022 Special Meeting. -
Stacey Kifolo, Deputy City Manager (386) 878-8552.
Background: The 2021-22 Charter Review Committee (CRC) was appointed by the
City Commission on June 28, 2021. Consisting of five (5) members
and two (2) alternates, the CRC was charged with reviewing the
Charter and, if appropriate, proposing amendments to the Charter for
consideration by the City Commission. The CRC convened 13 public
meetings during the span of July 2021 to January 2022. During the
Regular Commission Meeting held on February 21, 2022, the CRC
presented the Commission with recommendations for five (5) Charter
amendments and one (1) policy recommendation.
The City Commission held a Work Session on March 28, 2022 for a
preliminary review of the Charter Review Committee
recommendations. During a Special Meeting held on April 6, 2022, the
Commission voted to not proceed with the recommendations from the
CRC; however, the Commission did request that staff present a report
on any and all Charter provisions which either have been superseded
by State law or have become obsolete by other conditions.
The Commission must hold two public hearings by August 23, 2022 in
order to place any Charter amendments on the ballot of the next
municipal general election.
OPTIONS:
1. Approve - Proceed with Charter amendment process to repeal
provisions which either have been superseded by State law or have
become obsolete by other conditions.
2. Do Not Approve - Do not proceed with Charter amendment process
for the 2022 general election cycle.
Attachments: City Charter - Review 2022 05 02
H. Consideration of appointment of one (1) member to the Planning and Zoning
Board - Joyce Raftery, City Clerk (386) 878-8502.
Background: Mayor Herzberg’s appointment, Mal Locke, resigned from the Planning
and Zoning Board on Monday, April 18, 2022. The appointment will
serve for the remainder of a term to expire March 25, 2023.
OPTIONS:
1. To appoint a member to the board.
2. To table the appointment to the board.
Attachments: P&Z Board Code of Ordinances
Planning and Zoning Member List
Mal Locke Resignation.pdf
Rachel Amoroso (Alternate)
Susan Berk (Alternate)
Manuel Rodriguez (Alternate)
Applicant - Andrea Cardo
Applicant - Lisa Renee Childs Miller
Applicant - Roberto Serrano-Rios
Application - Ashley Smith.pdf
Application - Steven Webster.pdf
I. Consideration of amended contract for John A. Peters, III to serve as Acting City
Manager - John A. Peters, III, PE.
9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the
agenda and comments on items listed on the agenda will take place after discussion
of each item. Please be courteous and respectful of the views of others. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. However, individual Commissioners may wish to respond under their
"City Commission Comments". Personal attacks on Commission members, City staff
or members of the public are not allowed, and will be ruled out of order by the
Mayor.
Citizen comments for any items. (4 minute maximum length per speaker)
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
Please be courteous and respectful of the views of others. Personal attacks on
Commission members, City staff or members of the public are not allowed, and will
be ruled out of order by the Mayor.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent
Agenda and considered separately. All other matters included under the Consent
Agenda will be approved by one motion. Citizens with concerns should address
those concerns by filling out a public participation slip and giving it to the Deputy
City Clerk prior to Consent Agenda items being pulled.
A. Request approval to award Bid# PW22027, Drainage Ditch Mowing services to
J-Mac Cleaning Services, Inc. with their primary office in Melbourne, Florida to
provide stormwater ditch and canal mowing services with locations Citywide at
a rate of $39,000 per mowing cycle. - Steven Danskine, Public Works/Deltona
Water (386) 878-8998.
Background: In April 2021, the operator of the stormwater equipment known as the
MENZI had an accident while using the equipment. This accident
resulted in an equipment fire that ultimately declared a total loss of the
MENZI. This specialized equipment had the ability to navigate canals
and ditches to remove vegetation, reestablish stormwater flow lines and
general maintenance where other equipment cannot access. The City
determined that the use of contract services with similar equipment
would be the best course of action at this time as opposed to pursuing
replacement equipment.
OPTIONS:
1. Approve - Proceed with award of bid.
2. Deny - Toss out the bids and seek other alternative means to
maintain stormwater ditches/canals without the benefit of specialized
equipment.
Attachments: Bid#PW22027 Drainage Ditch Mowing Entire Bid Package
Drainage Ditch Mowing #PW22027 J-Mac Cleaning Services
B. Request for approval of Resolution No. 2022-09 and budget amendment to
provide funding to complete the Hazard Mitigation Grant Program (HMGP)
project. - Mari Leisen, Finance Department (386) 878-8553.
Background: On February 21, 2022, the Commission voted to approve the request to
award Hurricane/Impact Resistant Doors contract to A.G. Pifer and
other work quoted per purchasing guidelines.
Today, the budget resolution and amendments will provide the funding
and the balance of the revenue from the grant agreement modification.
The funding will reduce the fund balance in the following funds:
OPTIONS:
1. Approve the budget amendment to increase expenditures and
revenues needed to complete the Hazard Mitigation Grant Program
(HMGP) project.
2. Do not approve the budget amendment to increase expenditures and
revenues needed to complete the Hazard Mitigation Grant Program
(HMGP) project.
Attachments: 2022-09 Reso - HMGP GRANT BA 2022-44, BA 2022-45 and BA 2022-46
BA 2022-044 HGMP Grant
BA 2022-045 HGMP Grant
BA 2022-046 HGMP Grant
C. Request for approval of Resolution No. 2022-08 and budget amendment to
provide funding for the position of Captain - Assistant Fire Marshal. - Mari
Leisen, Finance Department (386) 878-8553.
Background: With the job load of the new construction plans review and inspection
staff, the Fire Department needs additional help to manage the work
load in an effective and timely manner. The Captain - Assistant Fire
Marshal position will come in with the experience to hit the ground
running. The position will not only be able to help with plans review and
inspections, but also back-up the current Fire Marshal with her
responsibilities, assist with fire investigations, fill in when the Fire
Marshal is off and provide the Fire Department with succession
planning opportunities for the future.
The budget resolution and amendment will provide the funding for the
Captain - Assistant Fire Marshal position. The funding will reduce the
fund balance in the General Fund.
OPTIONS:
1. Approve the budget amendment to provide $34,900 from the
General Fund Balance to the Fire Administration Department to
fund the Captain - Assistant Fire Marshal position for the
remaining four months of FY2022.
2. Do not approve the budget amendment to provide $34,900 from
the General Fund Balance to the Fire Administration
Department to fund the Captain - Assistant Fire Marshal position
for the remaining four months of FY2022.
Attachments: 2022-08 Reso - BA 2022-047 Fire Captain
BA 2022-047 Fire Captain Position
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).