City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Thursday, September 5, 2019 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 9 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McFall Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg City Manager Shang City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. Commissioner Bradford introduced Pastor Shine from Greater Faith and led everyone in the pledge to the flag. The National Anthem was sung by Elizabeth. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of August 19, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Ramos, seconded by Commissioner Avila-Vazquez, to approve the minutes of the Regular Commission Meeting of August 19, 2019 as presented. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg City of Deltona Page 1 Printed on 9/19/2019 City Commission Minutes September 5, 2019 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Chiari Malformation Awareness Month Deputy City Clerk Karissa Green read the Proclamation in honor of Chiari Malformation (CM) Awareness Month. Assistant City Manager Dr. Cooper stated the trash pickup schedule has been pushed back one day. The City was closed on Tuesday and Wednesday of this week so Tuesday's trash and yard waste was picked up today, Wednesday's trash and yard waste will be picked up tomorrow, Thursday's trash and yard waste will be picked up on Saturday, and then Friday's trash and yard waste will be picked up on Monday. It is expected that by mid to late next week Waste Pro will be back on schedule. The delays are due to Hurricane Dorian and due to the landfills being closed. This information can also be found on the City's website and will be updated accordingly. Fire Chief Snyder stated Hurricane Dorian stayed over the Bahamas for around the 36 hour mark and once the storm started moving again it took a northwest track which was one of the best tracks it could of taken for Florida. Dorian was about 100 miles off shore and the City felt very little affects. Deltona experienced sustained wind speeds of 10 to 20 miles per hour and 30 mile an hour wind gusts. Once the storm was over staff did their preliminary damage assessment and found very little significant damage, if any at all. After looking at both Duke Energy's and Florida Power and Light's websites it showed only 75 residents without power, but there may have been as many as 200 residents without power throughout the storm. He thanked all the staff for all their efforts, dedication and professionalism during the storm as well as the residents for being prepared. Public Works/Deltona Water Director John Peters stated an administrative decision was made to turn the water back on for those residents who had their water shut off as a courtesy, staff suspending cutting water bills off and suspending any late fees for this week. Unfortunately due to these decisions the customer service staff are extremely busy right now from handling the phone calls from those situations, but on top of that the September 16th utility rate increase notice was placed in the bills so staff is fielding those calls as well. He has heard that some residents have had to wait as much as 25 minutes to get someone on the phone which is not an acceptable situation, but resources have been moved in to assist with the phone calls. Additional resources have also been placed in the field in order to get the meters read for this week. He stated he appreciates everyone's indulgence. Commissioner Avila-Vazquez asked how long residents have to catch up before their water is turned off again and Mr. Peters replied everything was suspended for this week, staff will monitor it tomorrow and adjustments will be made if necessary. Volusia County Sheriff's Office (VCSO) Captain Lou Marino stated everything was put into place as best possible, there was enough man power to accommodate the City and thankfully it was uneventful other than family members being upset that they had to be City of Deltona Page 2 Printed on 9/19/2019 City Commission Minutes September 5, 2019 indoors for long periods of time. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2019-33, Variance request to encroach 4.25 feet into the required 25’ front yard setback with a porch; to encroach 6’ into the required 6’ side yard setback with a deck structure; to encroach 5’ into the required 10’ rear yard setback with an approximately 48 square foot shed and an area of decking; and to encroach 4’ into the required 10’ rear yard setback with an approximately 75 square foot shed - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Mayor Herzberg stated this item will need to be postponed. Planning and Development Services Director Ron Paradise explained the reason for the delay is due to the Planning and Zoning Board's lack of quorum on two occassions. The board will hear this item at its October 16th meeting and not its September 18th meeting because there was an advertising error which will delay the item another month. Mayor Herzberg apologized to the individuals involved in this item, the board's lack of a quorum is unacceptable and later on the agenda the Commission will be appointing alternate members to the board so this issue will not happen again. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McFall, to cancel this reading for tonight and reschedule it. Mayor Herzberg opened the public hearing. Tammy Coffin, 3042 Blaine Circle, Deltona, spoke about her frustrations with the Planning & Zoning Board, dealing with the issues for two years, having to close her business to come to City Hall, getting the run around over her back yard, all the staff that has come out to her house, that it has not been her fault that the issues have not been resolved because she has done everything that was asked of her, and she asked how long the process is going to take. Commissioner Bradford asked if Ms. Coffin could provide copies of the pictures she was holding to the Commission so they would have them prior to the next meeting. Also, that the Commission does not agree with what has happened which is why tonight changes are going to be made. Mayor Herzberg closed the public hearing. The motion carried by the following vote: City of Deltona Page 3 Printed on 9/19/2019 City Commission Minutes September 5, 2019 For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2019-33 was tabled at 7:05 p.m. B. Public Hearing - Resolution No. 2019-38, Adopting the Tentative Millage Rate for the levy of ad valorem taxes for FY 2019/2020 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg stated she is opening this portion of the hearing. This is a public hearing to hear and consider comments and questions regarding the City’s tentative millage rate and proposed annual budget for the coming fiscal year 2019/2020. The City of Deltona hereby proposes a tentative millage rate of 7.85. The tentative millage rate reflects an 10.41% increase from the rolled-back rate of 7.1098 mills. The tentative millage rate is higher than the rolled-back rate of 7.1098 in order to cover increased operating costs. City Manager Shang stated this budget is based on a millage rate of 7.85 mills. At the direction of the Commission after numerous public hearings and budget meetings this is the current proposal for the fiscal year 2019/2020 budget. There was discussion and decision made on the following items: the addition of six firefighters to be hired February 1, 2020; splitting the contracted ADA (Americans with Disabilities Act) Project Manager position between ADA and social services and expand the scope of work; aid to non-profits for $15,000 was moved to the Parks & Recreation Department for recreation programs; the addition of City Hall screening in the amount of $25,000; the addition of four deputies to be hired February 1, 2020; and the addition of an insurance policy for firefighter cancer benefits at $10,000. There is no changes to streetlighting, however, all the funding will be direction to Howland Blvd. There was a correction made of the mislabeled budgetary item regarding the recreational equipment for programming. Regarding closed captioning for live broadcasts the City is applying for an exemption and the cost for closed captioning for rebroadcasting would be $30,000. There is a savings of $12,500 to not change from iPads to computers on the dais. Staff’s recommendation to replace City Hall’s A/C system all at once and the recommendation to look at adding more shower capacity at City Hall instead of renovating the first floor restrooms and the chamber’s kitchen at City Hall. The recommendation that instead of new sod for City Hall to improve the intersections of where imbedded lighting will be placed and the reallocation of the City Attorney’s fees to solid waste, stormwater and water in the amount of $120,000. City Manager Shang gave a recap of some of the savings and her proposal of what to do with that funding which included t-shirts supporting events - $1,000; City Attorney reallocation - $120,000; firefighter cancer benefit - $90,000; iPads - $12,500; and closed captioning - $60,000. That results in a savings of $283,500 and she recommends in regards to insurance and utilities to increase them by $20,000 and that the remaining City of Deltona Page 4 Printed on 9/19/2019 City Commission Minutes September 5, 2019 $263,500 go toward road resurfacing. With that the City would stay within the millage rate of 7.85 and this is a result of reallocations and finding some cost savings. This would address the need for infrastructure and this is the direction of the Commission. Commissioner Bradford stated her biggest concern is the ADA position not being in the budget, insurance does not cover ADA lawsuits and she asked how removing this position is going to work. City Manager Shang replied it is in the budget, it is a contracted position and she has added on the additional duties of social services. Commissioner Bradford asked how the City would be covered under potential law suits and City Manager Shang replied there is no difference it is just whether the person is a City employee or not, it is more of a benefit issue and the work load is the responsibility of this position. Commissioner Bradford asked if the contracted person is being required to have certain insurance or what other provisions are being done. City Attorney Fowler replied the contract should address the item being identified so if the person fails to perform then the City would expect them to be liable and to the extent that it is possible they should be obligated to procure insurance as well as the City's insurance should be looked at to see in the event that there is an error or failure to meet the requirements that the City is covered. Commissioner Bradford stated she wants to make sure when the contract is done specific insurance requirements are done so that the City is covered. Commissioner Nabicht stated he attended a presentation put on by the League of Cities and their suggestion was to go with a secondary layer of liability. It was also recommended to get an outside contractor and contract with them on a regional level and to have policies in place for compliance. He suggested contracting with a firm instead of an individual so the City could benefit from the knowledge of a multitude of people. Mayor Herzberg stated the floor is now open to hear public comments and to take any questions from the public and ther were none. Motion by Vice Mayor Ramos, seconded by Commissioner McFall, to approve Resolution No. 2019-38 adopting a tentative millage rate of 7.8500 mills for the levy of ad valorem taxes for FY 2019/2020. City Attorney Fowler read the title of Resolution No. 2019-38 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A TENTATIVE MILLAGE RATE FOR THE 2019-2020 FISCAL YEAR; COMPARING TENTATIVE MILLAGE RATE WITH THE ROLLED-BACK RATE; ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO ADOPT A FINAL MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2019-38 was adopted at 7:22 p.m. City of Deltona Page 5 Printed on 9/19/2019 City Commission Minutes September 5, 2019 C. Public Hearing - Resolution No. 2019-39, Adopting the tentative annual budget for FY 2019/2020 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues The City of Deltona has adopted a tentative millage rate of 7.85 mills for fiscal year 2019/2020. The tentative millage rate reflects an 10.41% increase from the rolled-back rate of 7.1098 mills. This is a public hearing on Resolution No. 2019-39 adopting the annual budget for FY 2019-2020. The proposed annual budget is summarized as follows: General Fund - $65,386,656, Special Revenue Funds - $45,872,488, Enterprise Fund - $50,452,449, Capital Project Funds - $4,330,882, and a Total City-wide Budget - $166,042,475. Mayor Herzberg opened the floor to hear public comments and to take any questions from the public. Commissioner Nabicht suggested the Commission think about building up the City's dissaster reserve and he discussed the impact of prior hurricanes on the City and other municipalities, the resiliency plan, and funding what is adopted. He stated the City was originally designed with more showers included, but it was removed from the plans. Being able to shower effects the way a person opperates, the one shower not being operational and to keep in mind the long term items as well as reserve so the City is better prepared. Mayor Herzberg opened and closed the floor to hear public comments and questions from the public as there were none. Motion by Commissioner Avila-Vazquez, seconded by Mayor Herzberg, to approve Resolution No. 2019-39 adopting the tentative budget for FY 2019/2020. City Attorney Fowler read the title of Resolution No. 2019-39 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A TENTATIVE BUDGET FOR THE 2019-2020 FISCAL YEAR; ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO ADOPT A FINAL BUDGET; PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg City of Deltona Page 6 Printed on 9/19/2019 City Commission Minutes September 5, 2019 Against: 1 - Commissioner King Resolution No. 2019-39 was adopted at 7:34 p.m. City Manager Shang stated the City's property and casualty insurance runs out on September 30, 2019, staff has requested proposals and the current carrier has the lowest proposal which is within the budget. She stated she is going to proceed with renewing the insurance because she does not want to run the risk of any lapse. Commissioner Nabicht asked the City Manager to look at changing the cycle like what was done with some of the other policies so it does not fall at the end of the budget cycle. City Manager Shang replied she would work on changing the commencement date. City Manager Shang stated initially staff was going to apply for ECHO (Environmental/Ecological, Cultural, Historical/Heritage or Outdoor) Grant for the proposed gym and fields behind City Hall and that has been delayed. ECHO Grants are due some time in November and she proposed to apply for ECHO funding for following three projects: 1. Continuation of ECHO tourism park at Ft. Smith Blvd. and Beechdale Court - $440,000 (City's portion $220,000); 2. Exercise stations for Wes Crile Park - $300,000 (City's portion $150,000); and 3. Wheelchair accessible outdoor basketball court at Festival Park - $200,000 (City's portion $100,000). Also, the match funds can be taken from the parks impact fees and would not impact the General Fund. The Commission and staff discussed having more facilities for special needs residents, the City struggling to pay for infrastructure, whether Festival Park was a suitable location because of its history of flooding, Festival Park being on the out skirts of the City, Tom Hoffman Park among others being more suitable locations, Beechdale Court having flooding issues, staff was strategic in choosing the locations, the basketball court being ADA accessible, other parks not having a big enough footprint, the new amentities would attract residents to parks that are starting to be more developed, accessing other locations for amentities, the expansion of Sterling Park, ECHO Grants for education regarding the recycling program, enhancing the community garden, looking for other partnerships, the Skate Park, to not abandon the less visible parks, that Festival Park gets a lot of traffic, staff working toward all parks being all-inclusive, and strategic planning. City Manager Shang stated ECHO Grant applications are complicated and she does not want to waste staff's time if there is no support for these projects. After discussion, the Commission concurred to move forward with the ECHO Grant application for exercise stations for Wes Crile Park. After discussion, a majority of the Commission concurred to move forward with the ECHO Grant application for a wheelchair accessible outdoor basketball court at Festival Park. City of Deltona Page 7 Printed on 9/19/2019 City Commission Minutes September 5, 2019 After discussion, the majority of the Commission concurred to move forward with the ECHO Grant application for continuation of ECHO tourism park at Ft. Smith Blvd. and Beechdale Court. Mayor Herzberg stated that Governor DeSantis and Congressman Walz have been open to listen to the plite of municipalities across the state regarding disaster fund reimbursement. The money seems to come down from the Federal government and the sticking point is the state which is unacceptable to either the Governor and the Congressman. They are working with the Division of Emergency Management Director Jared Moskowitz who is already rewriting a lot of the ways the funding is dispursed and reimbursed. Counties and municipalities are hoping that the process will change over the next year or two. 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Request approval for the appointment of up to 4 alternate members for appointment to the Planning and Zoning Board with all alternate members to be approved by the Commission. This request also requires the Commission to waive Section 110-1203 - Board Review Procedures that provides for a 20 day notice to receive applications due to current time restraints- Ron Paradise, Planning and Zoning Department (386) 878-8610, Joyce Raftery, City Clerk (386) 878-8502 and Marsha Segal-George, Assistant City Attorney (386) 878-8873. Strategic Goal: Internal and external communication. Mayor Herzberg gave a brief explanation of the item and she stated that the Planning & Zoning Board has had an problem with having a quorum for their meetings. Planning & Development Services Director Ron Paradise stated in defense of the board, the board has met reliably through the years and he thought that July was a fluke, but then it happened in August. He is just looking for the appointment of some alternate members to provide some freeboard to ensure that meetings do not have to be cancelled due to a lack of quorum. Mayor Herzberg stated the Commission is going to appoint four alternate members to the Planning & Zoning Board and request that the alternates attend the September 18th meeting because the City can no longer afford to have this board not meet for lack of a quorum. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Bradford, to authorize the appointment of four alternate members to the Planning & Zoning Board. The motion carried by the following vote: City of Deltona Page 8 Printed on 9/19/2019 City Commission Minutes September 5, 2019 For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Avila-Vazquez, seconded by Commissioner Nabicht, to confirm the alternate appointment of Robert Trebetta to the Planning & Zoning Board for the remainder of a term to expire on March 15, 2022 and to also waive Section 110-1203, the provision that requires 20 days' notice to allow for applicants to apply due to the current time restraints and the need to assure immediate quorums available for the Planning & Zoning Board beginning with the September 2019 meeting and upon approval 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. Mayor Herzberg asked if each motion had to include waiving Section 110-1203 and City Attorney Fowler replied technically not, the section identified refers to applications to the Planning & Zoning Board and not appointments to the Planning & Zoning Board. So in this case the Commission has authorized the four alternates and the Commission can vote four at a time or one at a time for up to four alternates. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Vice Mayor Ramos asked if there was going to be discussion or get the voting out of the way first as it relates to this and Mayor Herzberg replied it is up to the Commission. Vice Mayor Ramos stated he is okay with what is being done, but one board member did not attend four out of seven meetings and another board member did not attend six out of seven meetings. The Planning & Zoning Board needs to work and he suggested changing their by laws to be similar to what the Deltona Economic Development Adivosry Board (DEDAB) has. In order for a member to be removed the member has to have three consecutive unexcused absences or have a public hearing. To have a member who only attended one out of seven meetings to continue to sit on a board is not the right thing to do. He suggested after this is done staff needs to go back, look and make changes to the by laws so that the board does not go through these challenges again. Motion by Commissioner Nabicht, seconded by Commissioner Bradford, that for the next Regular Commission Meeting staff prepare a revision to the Planning & Zoning Board policies and procedures regarding what the Vice Mayor just said. The motion carried by the following vote: City of Deltona Page 9 Printed on 9/19/2019 City Commission Minutes September 5, 2019 For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Mayor Herzberg requested staff also look into what changes are needed for the Firefighter Pension Board, Board of Trustees and Commissioner Nabicht suggested the City Manager get with the Plan Administrator Lisa Spriggs who can have the discussion with the plan attorney. Motion by Vice Mayor Ramos, seconded by Commissioner Bradford, to approve the alternate appointment of Charles Davidson to the Planning & Zoning Board for the remainder of a term to expire on March 15, 2022. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve the confirmation of the alternate appointment to the Planning & Zoning Board of Jody Lee Storozuk. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to approve and confirm the alternate appointment of Mark Metzger. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Mayor Herzberg asked the Commission if they were good with the four alternate members or if they wanted to appoint a fifth member. Motion by Commissioner McFall, to approve and to confirm the alternate appointment of Patricia Northey to the Planning & Zoning Board for the remainder of a term to expire March 15, 2022. The motion died for lack of a second. Mayor Herzberg asked if a fifth alternate could be added and City Attorney Fowler replied the Commission has authorized four, but if the Commission wants to go back and revise that to make it five they certainly can. Right now the Commission is capped at four. City of Deltona Page 10 Printed on 9/19/2019 City Commission Minutes September 5, 2019 Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to have five individuals on the Planning & Zoning Board as alternates. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner King Motion by Commissioner McFall, seconded by Commissioner Nabicht, to approve and to confirm the alternate appointment of Patricia Northey to the Planning & Zoning Board for the remainder of a term to expire March 15, 2022. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner King 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. 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. Joan Nowak, 657 Hager Street, Deltona, spoke about the proposed water increases, being a new resident to Florida, water rates, the base rate, water quality, and sewer rates. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about Hurricane Dorian, communication during the storm, Public Works, Neighbors Helping Neighbors, proposed budget cuts, disaster reserves, the millage rate, road improvements, asking for wants, and the Commission's attitude about the budget. Leila, Deltona, spoke about communication, compassion, Community Life Center and Neighbors Helping Neighbors open house/drive event on September 14th from 10:00 a.m. to 2:00 p.m., residents being asked to tighten their belts, cost of new City Hall A/C, needing canopies for staff at sandbag locations, apparatus to fill sandbags, needing changes to the sandbag operation, citizens helping citizens during the storm, additional showers at City Hall, and putting citizens before the Commission's needs. Charlene Smith, District #2, Deltona, spoke about comments made at the last meeting, pictures of her dog, animal neglect, ordinances being too weak and too vague, Animal Control, Halifax Humane Society, a group dedicated to abuse of animals, residents reporting abuse to the City, animal tracking, licensing, rabies, repeat offenders, transported animals to shelters, human abuse, advocating for animal and not tolerating negligent pet City of Deltona Page 11 Printed on 9/19/2019 City Commission Minutes September 5, 2019 owners. Dawn, District #2, Deltona, spoke about animal welfare, a dog kept in a crate, reports to animal control, definition of abuse/neglect being vague, suitable shelter, tethering laws, proper nutrition and clean water, animals being allowed to run loose, breeding, over crowded shelters, animals isolated, neighbors feeling hopeless, tapping into resources, implement better ordinances, enforcing ordinances, citations and fines and breaking the cycle of abuse and neglect. Commissioner Bradford left the meeting at 8:38 p.m. and returned by 8:40 p.m. Nate Rodriguez, 891 N. 4th Ave., Deltona, spoke about animals not having a voice, history about himself, treatment of animals, animals feeling emotion, tethering, an issue with a tethered dog, reporting abuse but nothing being done, proper ordinances to defend animals, consequences to animal abuse, enforcing ordinances and speaking on behalf of animals. Yorelis Navas, 1237 Sacramento Street, Deltona, spoke about moving public comments, she thanked everyone for their assistance during the storm including Commissioner Bradford and resident Dana McCool, Hurricane Irma, following Osceola County's policy, preparing better for special needs families during emergencies, Deltona not being prepared for Hurricane Irma, ventilators not being approved for shelters, getting the run around when trying to find a shelter, looking to the Commission to come up with a plan for special needs families, working with Volusia County, Osceola's 3-1-1 and getting a hold of the situation. Mark Metzger, 2608 Valmora Court, Deltona, thanked the Commission for his appointment to the Planning & Zoning Board and he spoke about the sign off his street, the square footage of City Hall, the cost of the proposed new A/C system for City Hall and looking at some savings. 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. 10. CONSENT AGENDA: Motion by Vice Mayor Ramos, seconded by Commissioner Avila-Vazquez, to approve Consent Agenda Items 10-A and 10-C and pull Item 10-B for clarification. Mayor Herzberg opened the floor for public comments. City of Deltona Page 12 Printed on 9/19/2019 City Commission Minutes September 5, 2019 Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the VCSO contract and walking it back, having enough officers, crime rate going down, response times are good, having no issue with how the VCSO does business, VCSO having to continuously pull four officers from other parts of the county, the VCSO having trouble forefilling Deltona's contract and rewarding them by giving them another $1 million, placing the $1 million in the disaster reserve or put it toward road improvementsk, spending the $1 million wisely, the budget item needing to be reduced, and the deterioration of roads. Mayor Herzberg closed the floor for public comments. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner King A. Request for Conditional Approval of Interlocal Agreement with Volusia County Sheriff’s Office for provision of Law Enforcement services for October 1, 2019 through September 30, 2020 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Approved by Consent Agenda - to approve the Volusia County Sheriff Office interlocal agreement, granting approval of the interlocal agreement with Volusia County for provision of law enforcement services for the period of October 1, 2019 through September 30, 2020, conditioned upon Commission approval and adoption of its budget for the 2019-20 fiscal year. B. Request for approval to enhancing the playground and exercise station at Dewey Boster - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902. Strategic Goal: Infrastructure/Public Safety Vice Mayor Ramos asked Parks and Recreation Director Ryan Reckley to talk about the item for clarification. Mr. Reckley stated exercise equipment and an upgraded playground were installed at Dewey O. Boster and after accessing the area staff wanted to make the entire area accessible because the upgrades have become very popular. The proposal is to cement around and between the two components for safety and for ADA (Americans with Disabilities Act) compliance. Staff would not have to so heavily in that area to maintain the sod and the irrigation that is there can be redirected to other needed areas. Also, the sails City of Deltona Page 13 Printed on 9/19/2019 City Commission Minutes September 5, 2019 that were over the playground were relocated over the exercise stations and staff wants to recover the playground area with new sails. This project came about because of savings from other projects so there is no additional funding needed. Motion by Vice Mayor Ramos, seconded by Commissioner Nabicht, to approve Item 10-B of the Consent Agenda. Mayor Herzberg opened and closed the public comments as there were none. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg C. Request for approval of Resolution No. 2019-42, to Adopt East Central Florida Regional Resiliency Action Plan. - Jane K. Shang, City Manager, (386) 878-8850. Strategic Goals: Public Safety Approved by Consent Agenda - to approve the Memorandum of Understanding and Resolution No. 2019-42 to adopt the East Central Florida Regional Resiliency Action Plan. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Assistant City Manager Dr. Cooper stated this is addressing the dog issue which was brought up by a resident at the previous meeting and an email was sent to the Commission regarding the investigation findings. He stated his previous life was that of law enforcement for six and half years and one of the problems that law enforcement faces is that of probable cause or reasonable suspicion. He explained that there are very thin lines when an officer can enter private property because everyone has rights. He explained an incident where is dog was taken, posted for sale on Facebook and he had to buy his own dog back. He explained that it was stated there was no investigation done and there was and that the whole incident only took 20 minutes. The dog was in heat stroke and one of the things that should not be done in that situation is put ice or cold water on them because it causes the animal heart rhythms. The animal did not die on the sidewalk as previously mentioned, but was taken to a veterinarian who stabilized the dog. However, once the owner arrived at the veterinarian's the cost to care for the dog was provided with no guarantee the dog would make it and the owner was unable to pay the cost so the dog was euthanized so the dog would not suffer. There was no signs of abuse by the Code Officer or the veterinarian. Also, there is no law on the books that stated a veterinarian has to report abuse to law enforcement, but he has yet to see a veterinarian who has had a serious case of animal abuse not report it to law enforcement. The City does have some work to do with its City of Deltona Page 14 Printed on 9/19/2019 City Commission Minutes September 5, 2019 ordinances which he is looking into. He invited everyone to attend the Animal Welfare Roundtable/Workshop on September 9th at 5:30 p.m. where these items can be discussed and recommendations can be brought forward to the Commission. Staff is actively using the laws on the books to pursue animal abusers and he gave an example. Commissioner King left the meeting at 8:59 p.m. and returned at 9:02 p.m. Commissioner Bradford stated this case is done and nothing can be done until the City changes its rules and regulations. Dr. Cooper replied the investigation is done because according to the veterinarian and the City's Code Officer there was no abuse. Commissioner Bradford stated there was evidence that the dog was tethered with a chain and Dr. Cooper replied there is no law against it. Mayor Herzberg encouraged everyone to attend the roundtable, it will be a different format, and she hoped that there is a political will to make changes because in the past there was none. Commissioner Avila-Vazquez spoke about being at Saxon and Tivoli Blvds. where an EMS (Emergency Medical Services) vehicle had to continuously stop and honk the horn to try and get traffic to stop so it could pass. She experienced a similar incident on Providence Blvd. where emergency vehicles were approaching and she stopped, but the person behind her went around her with no regard to the emergency vehicle. She stated she encouraged all the residents in her district and those residents surrounding Deltona Blvd. to attend the District #3 meeting on Tuesday, September 10th in the Commission Chambers because the City needs their input. She stated our hearts and prayers go out to the families of the Bahamas. She has a close friend that works for the Bahamian Consulate who reached out to her and in turn she reached out to the City Manager, Dr. Cooper, Mr. Reckley and some volunteers and within 30 seconds a fundraiser was put together. Mr. Reckley stated staff is in the process of confirming the partnership with the Bahamian Consulate out of Miami and once that is completed a supply location will be set up at the Lakeshore Community Center. The Bahamian Consulate will handle picking up the supplies and distributing them to the Bahamas. Collection will start this Saturday and Sunday from 8:00 a.m. to 5:00 p.m. and also Tuesday through Thursday from 9:00 a.m. to 6:00 p.m. Staff will collect supplies for a month and then reassess the need. He listed several immediate needs such as power supplies (batteries, generators, etc.), first aid kits, non perishable, baby needs and toiletries. Vice Mayor Ramos left the meeting at 9:21 p.m. and returned at 9:23 p.m. Dr. Coop stated staff will do a good job of getting the word out and has already started working with the City's Public Information Officer (PIO) to put together a communications campaign to be put out to the general public. There will be a phone number with recorded information and it will not be a manned number, but it will be updated as necessary. Commissioner Avila-Vazquez stated the supplies will be flown by the Bahama Airlines for free and all donations will be getting to the people in need with the help of the Bahamian City of Deltona Page 15 Printed on 9/19/2019 City Commission Minutes September 5, 2019 Consulate. Dr. Cooper stated all donations must go through the City's donation center because the Bahamian Consulate will not be just accepting donations anywhere, they are exclusively partnering with the City. Commissioner Bradford stated one of the things that the City encountered during the storm was a special needs shelter. She contacted the State, FEMA, who told her that the local emergency shelters would help those residents, but once she explained to them that they would not assist a certain family they were shocked. Within an hour she received a phone call referring her to the State Emergency Management who turned her over to the County Emergency Management, but she got the same response that there were no shelters to assist this family. Come to find out whatever nurse that sets up the person's treatment is the one responsible for putting that emergency management system together. The hospitals told the family as well as other emergency management staff that they were not a shelter and would not be able to help the family. Even though State, County and local individuals stating that there is a protocol in place, it was not in place. The State followed up with her and expressed concerns that this has to be resolved. Even through the hurricane the different agencies stated they were working on this issue. There are two individuals in the City who are on respirators, but she was also getting calls about elder individuals who were bed ridden and could not move or be transported. The elderly family was told there was a shelter several hours away, but the family had to get the individual there and that the elder individual was the only person the shelter would take. After doing some research FEMA has tight guidelines which states the City is responsible to provide assist to a shelter for emergency life saving so the City has a responsibility to make sure the procedure set in place by the nurse that set up the individual's treatment goes through. She suggested the City Attorney look into this and she stated FEMA trumps State, State trumps County, County trumps City or whomever has the most stringent law. She asked to figure out what the City is going to do in emergency life saving situations for the future because this is an issue that the City needs to address. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: City Manager Shang thanked the public for complied and brought in outside items or trash because that made a big difference. She thanked staff for all their hard work, we did amazingly during the hurricane and we went through a lot, but she wanted the public to know that we were prepared because we all worked together. Thank you 14. CITY COMMISSION COMMENTS: Commissioner Bradford thanked everyone, there were people on Facebook spreading the news and she learned a lot going through the storm. She encouraged people who had not done so to go to the City's website and sign up for updates because she did not do it until the hurricane and she missed a lot. She stated she had asked the City Manager to send her everything on the storm and then she received a phone call from Community Information Specialist Wendi Jackson who explained how to sign up on the website for information, it City of Deltona Page 16 Printed on 9/19/2019 City Commission Minutes September 5, 2019 was like magic. Everything she received she posted, other residents shared the posts and it was a complete group effort. She wished everyone a blessed next couple of weeks and she reminded everyone she will not be here on Monday, but will hopefully be here for the Regular Commission Meeting the Monday following that. She asked everyone to pray for North Carolina who is getting pounded by the storm right now. Commissioner Nabicht stated special needs is not the only area the City needs to look at addressing with Volusia County Emergency Management and their shelters. He explained a few years ago the City had a week of below or at freezing temperatures and Orange County and Seminole County were opening up cold weather shelters for those needing to get out of the cold weather. He contacted the Fire Chief and asked if there was any prevision for that and the response was no Volusia County does nothing for that. He called County Councilman Lowry and asked if he could push something through to get a shelter opened up here Volusia County or in the Deltona area and after his efforts met with no response. Councilman Lowry then took it upon himself to open up his church, the community came together and housed and fed 38 homeless individuals. Still to this date no action has been taken with response to updating the county's CEMP (Comprehensive Emergency Management Plan) with regards to cold weather shelters. The Commission needs to come together to look at that total package, educate ourselves on what is in the county's CEMP, what is in the City's CEMP, and sit down with the county to expand the plans. The county's CEMP is the one charged with the shelters per Florida Statutes, but to what degree is at local discretion. The City needs to sit down with them and ask them to address not only special needs, but other areas we may identify, one being cold weather shelters. The City needs to partner up, see what facilities the City could apply for grants or that might meet a shelter for something that does not have to meet the structural requirements like a hurricane shelter. Commissioner Avila-Vazquez thanked staff at Wes Crile Park for help with the sandbags. Commissioner McFall thanked staff, first responders and everyone at the EOC (Emergency Operations Center). During the hurricane he ended up taking care of his grandkids because his daughter staffed a local shelter, and his son in-law was at the county EOC. He did a tour of his district just before the storm and he saw that Deltona came together, citizens did a great job, houses were boarded up, stuff was off the street and the City was ready. Commissioner King thanked citizens for preparing for the storm, Deltona Strong shoveled sand at Dewey O. Boster Park, and Neighbors Helping Neighbors were at the Skate Park. Some people were having trouble holding the sandbag and trying to fill them, but others stepped in to help. Those that could not fill the sandbags pulled up and sandbags were loaded into their vehicles. He appreciates the citizens for getting themselves prepared and then coming out to help others get prepared. Vice Mayor Ramos stated with regards to emergency shelters, this would be a great opportunity to sit across from designated individuals from the county and the school board City of Deltona Page 17 Printed on 9/19/2019 City Commission Minutes September 5, 2019 and start having that conversation. As it relates to the storm, great job, the Deltona Panthers Youth Football's practice was cancelled and they were out at Festival Park helping fill sandbags as well as students from Pine Ridge High School. At Festival Park where he was at Public Works had a system going on and everyone cooperated, came together and made it work. He encouraged residents to go the City's website to sign up for updates, there is a lot of information out there and he congratulated staff for getting information out on Instagram and Facebook. He congratulated everyone for sharing and he congratulated everyone. Mayor Herzberg stated regarding disaster funding, the City of Ormond Beach has an automatic sandbag filler which they received through a grant. The suggestion was for City Manager Shang to talk to their Ormond Beach's City Manager to see how she was able to get the grant that. There was discussion about updating the City's EOC by adding showers and staff needs to see if there is any grant money available for upgrading a local EOC, any emergency management funding. Some comments were made about Commissioner Nabicht, the showers and his road money and she can tell everyone that nobody has been a bigger proponent of putting money into roads than Commissioner Nabicht, nobody on the dais. He has done anything and everything to try and get the Commission to listen that the City does not have the money for roads and that has always been a priority for him. The comments on the showers, this was her first time in the EOC and if residents could of seen the number of people and how it was set up for a partial activation, the shower was not even working and the showers are not a joke, but a necessity. It is the job of the people in the EOC is to maintain the safety of the City and that things remain functioning. She takes offense to anybody that feels showers are not a necessity and she supports them 110%. She echoed what everyone else said, staff was amazing, the citizens wer amazing and she thanked the general public for everything they did to make this a non-event for everyone. She stated she would see everyone at the animal roundtable on Monday night. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 9:50 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 18 Printed on 9/19/2019