City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht Monday, June 3, 2019 5:30 PM Deltona Commission Chambers City Manager's Agenda Review 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Second Lieutenant Carlos J. Venezari, U.S. Army Chaplain Candidate (Commissioner Avila-Vazquez). 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 May 20, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 20, 2019 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Recognition - Embry-Riddle Aeronautical University and Stetson University Graduates Background: Recognition to Deltona’s recent graduates from Embry-Riddle City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda June 3, 2019 Aeronautical University and Stetson University: 2nd LT. Chaplain Candidate - Carlos J Venezario - Deltona H.S./Army JROTC Alumni - Graduate from Embry-Riddle Aeronautical University with a Bachelor of Science in Homeland Security, Education Delay and Chaplain. LT. Venezario will be continuing to Asbury Theological Seminary to pursue his degree in Master of Divinity. 2nd LT. Khristian L. Garcia - Deltona H.S./Army JROTC Alumni - Graduate from Embry-Riddle Aeronautical University with a Bachelor of Science in Homeland Security and Active Duty/Signal Corps. Lt. Garcia has been shipped out on Duty assignment and his parents will be accepting the Certificate of Recognition on his behalf. 2nd LT. Peter J. Goris - Deltona H.S./Army JROTC Alumni - A Distinguished Military Graduate from Embry-Riddle Aeronautical University with a Bachelor of Science in Homeland Security and Active Duty/Signal Corps. Lt. Goris has also been shipped out on Duty Assignment and his parents will be accepting the Certificate of Recognition on his behalf. 2nd LT. Sarah E. Mullins - University H.S./Army JROTC Alumni - Graduate from Stetson University with a Bachelor of Arts - History and Archaeology - Army Reserve and Medical Service Corps. B. Various updates from departments. Strategic Goal: Internal/External Communication Background: Updates will be provided on the following topics: 1. Recycling Task Force Update - Dr. Marc-Antonie Cooper. 2. TPO Update - Ron Paradise, Planning & Development Services Director. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 7. 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. 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) City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda June 3, 2019 CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 08-2019, Amending Chapter 22, Article V, Garage Sales, at second and final reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Public Safety - strengthen code enforcement. Background: A City Commission workshop was held on June 11, 2018, to discuss the regulations of garage sales and rummage sales within the City of Deltona. The City Commission provided direction to staff and also requested staff present possible amendments to the Ordinance Review Committee (ORC) for review and comment. The ORC discussed the proposed amendments and provided input. Chapter 22, Article V is proposed to be updated to include additions and deletions as per the June 11, 2018 City Commission workshop and review by the ORC. Some of the salient points are as follows: 1. Add the definitions for garage sale and rummage sale events, nonprofit rummage sales, and registration. 2. Revise Section 22-150: Title change from “frequency and duration” to “Garage Sale Event”; change the number of garage sales per year from two (2) to four (4); articulate a garage sale event can be no more than three (3) consecutive days; clarify the hours of operation between 7:00 a.m. and 7:00 p.m.; implement a four (4) week waiting period between garage sale events; and require the registration of a garage sale/rummage sale event with the City of Deltona at no charge. 3. Add Section 22-156 “Garage Sale and Rummage Sale Registration” to require the registration of such events at no charge. 4. Add Section 22-157 “Rummage Sale” to allow non-profit, standalone institutions to conduct rummage sales limited to no more than four (4) events per year; articulate a rummage sale event can be no more than three (3) consecutive days; and City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda June 3, 2019 require a four (4) week waiting period between sales. 5. Amend Sec. 22-158: Enforcement of failure to register a garage/rummage sale will be cessation of the event. The garage sales/rummage sales amendment effort covers three code chapters: Chapter 110-814(j) “Garage Sale or Yard Sale”, Chapter 102 “Signs”, and Chapter 22, Article V “Garage Sales”. In order to provide clarification and consistency, the garage sales/rummage sales requirements/regulations have been consolidated in Chapter 22, article V. Amendments to Chapter 110 and 102 will be presented in a separate ordinance (Ordinance No. 09-2019). The City Planning and Zoning Board was presented with this Ordinance for review notwithstanding Chapter 22 not commonly being part of the purview of the Planning and Zoning Board. The reason this Ordinance was presented to the Planning and Zoning Board was because the changes affected Chapter 102 (signs) and Chapter 110 (zoning) of the Land Development Code. On April 17, 2019, the Planning and Zoning Board did recommend the City Commission approve Ordinance 08-2019. On May 6, 2019, the City Commission did approve Ordinance 08-2019 at first reading. There are scenarios where family members and/or heirs have been confronted with managing the estates where there has been the extreme household accumulation of wares and other commodities. This situation, sometimes referred to as hoarding, is uncommon, but there are documented incidents of this condition within the City. While the proposed garage sale regulations do increase the number of garage sale events from two to four per year, there is an interval of four weeks required between sale events. The intent is to not overly burden a neighborhood with repetitive garage sale events. However, there is recognition consecutive garage sales may be appropriate to address bona fide hardships regarding the management of estates associated with the extreme accumulation of consumer goods. Therefore, staff is suggesting the City Commission approve the subject ordinance as presented with the understanding staff will propose amendments to Chapter 22 to facilitate flexibility to allow for the appropriate management of estates associated with the excessive accumulation of consumer goods/hoarding. Approval of this Ordinance authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Ordinance No. 08-2019 Exhibit A City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda June 3, 2019 B. Public Hearing - Ordinance No. 09-2019, Amending Chapter 102 “Signs” and deleting Section 110-814(j) “Garage Sales or Yard Sales”, at second and final reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Public Safety - strengthen code compliance. Background: A City Commission workshop was held on June 11, 2018 to discuss the regulations of garage sales and rummage sales within the City of Deltona. The City Commission provided direction to staff and also requested staff present possible amendments to the City Codes addressing garage sales to the Ordinance Review Committee (ORC) for review and comment. The ORC discussed the proposed amendments and provided input. The garage sales/rummage sales amendment effort covers three code chapters: Chapter 110 Section 110-814(j) “Garage Sales or Yard Sales”, Chapter 102 “Signs”, and Chapter 22, Article V “Garage Sales”. In order to provide clarification and consistency, the garage sales/rummage sales requirements/regulations have been consolidated in Chapter 22, Article V under Ordinance No. 08-2019. Amendments to Chapter 102 and Section 110-814(j) are presented under Ordinance No. 09-2019. Section 110-814(j) “Garage Sales or Yard Sales” is proposed to be deleted and as stated, consolidated within the Chapter 22, Article V garage sale/rummage sale requirements/regulations. Chapter 102 “Signs” is proposed to be updated to regulate garage sale/rummage sale temporary signs. Amendments to Chapter 102 are summarized as follows: 1. Section 102-9 “Exempt Signs”: delete item no. (10) - “Prefabricated garage sale signs to be placed and removed daily during the event” 2. Section 102-10 “Prohibited signs”: Allows garage sale temporary directional signs of no more than four (4) square feet in rights-of-way on the dates of the garage sale. 3. Add new Section 102-12 “Garage Sale and Non-profit Rummage Sale Temporary Sign” requirements. The requirements state a temporary sign permit is not required; a yard/garage sale is limited to five (5) signs of no more than four (4) square feet with the City issued registration number displayed; four (4) of the five (5) signs are required to be directional; signs can be located within right of ways but cannot interfere with sight triangles at intersections; signs are only City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda June 3, 2019 allowed on the days the garage/rummage sale is conducted; and a provision for enforcement. On April 17, 2019, the City Planning and Zoning Board heard the proposed amendments to Chapters 102 and 110. The Planning and Zoning Board recommended the City Commission approve Ordinance No. 09-2019. On May 6, 2019 the City Commission did approve Ordinance No. 09-2019 at first reading. There are scenarios where family members and/or heirs have been confronted with managing the estates where there has been the extreme household accumulation of wares and other commodities. This situation, sometimes referred to as hoarding, is uncommon, but there are documented incidents of this condition within the City. While the proposed garage sale regulations do increase the number of garage sale events from two to four per year, there is an interval of four weeks required between sale events. The intent is to not overly burden a neighborhood with repetitive garage sale events. However, there is recognition consecutive garage sales may be appropriate to address bona fide hardships regarding the management of estates associated with the extreme accumulation of consumer goods. Therefore, staff is suggesting the City Commission approve the subject ordinance as presented with the understanding staff will propose amendments to Chapter 22 to facilitate flexibility to allow for the appropriate management of estates associated with the excessive accumulation of consumer goods/hoarding. Approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Ordinance No.09-2019 Exhibit A C. Request for approval of Resolution No. 2019-30, Addendum to the Local Agency Program (LAP) Agreement for transportation improvements at the intersections of Tivoli Dr. and Providence Blvd. and Tivoli Dr. and Saxon Blvd. - Ron A. Paradise, Director of Planning and Development Services, (386) 878-8610. Strategic Goal: Fiscal Issues - transportation CIP Background: On September 5, 2018, the City approved Resolution No. 2018-61 which was a Local Agency Program (LAP) Agreement between the City and the Florida Department of Transportation (FDOT) for the Tivoli Dr. intersection improvements. The LAP agreement was executed by City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda June 3, 2019 FDOT on December 21, 2018. Since the FDOT execution, the project has been fully designed and a bid award notice was granted to GPS Civil Construction on April 23, 2019. However, the bid amount created a condition where the project costs increased above the engineer’s estimate. The cost increase represents $99,741.00. The total cost of the project now is $1,243,894.00. Federal funds in the amount of $59,171.00 will contribute to addressing the cost increase and the City will be required to pay remaining $40,570.00. While there is a cost increase associated with the project based on accurate bid information, the total value of the project at $1.2 million is less than the $1.68 million dollars the City has budgeted for the project. The addendum to the LAP agreement is attached. In addition, 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: Resolution 2019-30 Lap Agreement Exhibit A LAP Supplemental Agreement #1 - Tivoli - Deltona 10. OLD BUSINESS: 11. NEW BUSINESS: A. This is a request for the City Commission to consider a proposal made by Attorney James Vickaryous of the Vickaryous Law Firm which is located in Lake Mary, Florida for the City to become involved in the multidistrict opioid litigation pending in the Federal Courts. Jane K. Shang, City Manager, (386) 878-8850. Strategic Goal: Fiscal & Public Safety Background: The City may perfect a claim for the reimbursement of City funds expended over the past two decades relating to the wrongful acts pertaining to opioids, current expenditures relating to the wrongful acts pertaining to opioids and expenditures for future remediation of the opioid crisis. The opioid crisis clearly constitutes a clear and damaging public nuisance. Governmental entities that are not at the settlement table when a resolution is reached in the multidistrict opioid litigation will be left out of the distribution of the settlement proceeds that would be available from a resulting resolution of the litigation. Attorney Vickaryous would work on a contingency fee basis and front the costs of the litigation. City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda June 3, 2019 City staff would assist in compiling data to prove the City's damages. Background: The impact of the opioid crisis is not just a national or state issue of dramatic impact, it also has a tremendous fiscal impact at the city and county levels as well. Law enforcement, first responders, hospitals, jails, and other community services have all been stretched thin by the opioid crisis. According to the Centers for Disease Control (CDC), more than 46 people died every day from overdoses involving prescription opioids in 2016. According to the CDC, from 1999 to 2017, almost 218,000 people died in the United States from overdoses related to prescription opioids. Overdose deaths involving prescription opioids were five times higher in 2017 than in 1999 according to the CDC. In an effort to hold the manufacturers and distributors of opioids accountable for the increased costs to their communities, several years ago governmental entities began filing state court lawsuits against opioid manufacturers and distributors in an attempt to stop the epidemic in their communities. The lawsuits stated that the prescription opioid manufacturers grossly misrepresented the risks of long -term use of those prescription drugs, and distributors of the drugs failed to properly monitor suspicious orders of those prescription drugs, all of which contributed to the current opioid epidemic. The common allegations are that the: (1). Manufacturers of prescription opioid medications overstated the benefits and downplayed the risks of the use of their opioids and aggressively marketed (directly and through key opinion leaders) these drugs to physicians; and/or (2). Distributors failed to monitor, detect, investigate, refuse, and report suspicious orders of prescription opiates. The defendants are opioid manufacturers, distributors, and physicians which include Actavis, Allergan, Cephalon, Endo, Janssen, Johnson & Johnson, Purdue Pharma, Teva, and Watson. Among the distributor-defendants are the “Big Three” pharmaceutical distributors - AmerisouceBergen, McKesson Corp., and Cardinal Health - which together allegedly distributed more than 80% of the drugs at issue. Also involved are some physicians are identified as “key opinion leaders” who were paid by manufacturing-defendants to encourage opioid prescribing. In 2012, the peak of the prescription boom, doctors City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda June 3, 2019 wrote 255 million prescriptions for opioid painkillers. A Bloomberg report indicates that up to $50 billion in damages could be paid in a global settlement. The opioid makers removed all of the state court lawsuits to the Federal courts. Due to the great number of lawsuits, the Federal court system ordered all opioid lawsuits to be consolidated into a multidistrict litigation court located in the United States District Court for the Northern District of Ohio under United States District Judge Dan Aaron Polster. Multidistrict litigation allows for the centralized oversight of many related cases by a single judge. Although there may be some unique factual or legal issues in each individual case, the idea is that centralization of discovery and pretrial motions creates efficiency and consistency across all the cases. Attorney Vickaryous is proposing that the City become involved in the litigation and seek damages as are the other governmental entities that are involved in the litigation. He is part of a group of litigators that are representing municipalities in Florida and across the country. One of his group’s legal counsel was appointed by Judge Polster to be one of three lawyers assigned as the multidistrict litigation plaintiffs’ liaison counsel, which is the center of the litigation. Any lawsuit filed by the City would be litigated in Ohio’s Northern District Court in Cleveland, Ohio. There are many articles on the topic . In December 2018 Judge Polster entered an order denying the opioid makers’ motion to dismiss and stating that the municipalities may proceed with their lawsuit. Judge Polster made the following observation in his very detailed order: “It is accurate to describe the opioid epidemic as a man-made plague, twenty years in the making. The pain, death, and heartache it has wrought cannot be overstated.” Judge Polster is pushing the parties to resolve the cases sooner rather than later. Attachments: Deltona Retainer Agreement 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda June 3, 2019 NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 10 Printed on 6/4/2020