City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, January 6, 2020 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McFall Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. Commissioner Bradford introduced Manny Alamo a former HAYGOD (Hispanic American Youth Group of Deltona) member who led everyone in the invocation and the pledge to the flag. The National Anthem was sung by Yaeli Santos a 5th Grade student at Trinity Christian Academy. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of December 16, 2019, the Special Commission Meetings of December 19, 2019 and December 26, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Ramos, seconded by Commissioner Nabicht, to approve the minutes of the Regular Commission Meeting of December 16, 2019, the Special Commission Meetings of December 19, 2019 and December 26, 2019, as presented. The motion carried by the following City of Deltona Page 1 Printed on 2/26/2020 City Commission Minutes January 6, 2020 vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for December 2019 The Mayor and Commission presented Certificates of Recognition to the Super Star Students for the month of December 2019. Mayor Herzberg called a recess at 6:43 p.m. and reconvened at 6:50 p.m. B. Proclamation - Human Trafficking Awareness Month The Mayor and Commission presented a Proclamation for human trafficking which is a form of modern day slavery and is a crime against humanity that violates the most basic human rights and deprives victims of their freedom. The City of Deltona recognizes January as National Human Trafficking Awareness Month. Mayor Herzberg stated Volusia County Council Vice Chair Dr. Fred Lowry is going to say a few words. Dr. Lowry congratulated the City on being 25 years old. The City went through its terrible twos and its teenage years and as a young adult the City is excited to see Amazon come to the City. About three years ago some of the business alliance and movers and shakers of Volusia County met with him and they went around the City showing them different places, but the Howland Blvd. area they really loved. Between the hard work of the City, the County and Team Volusia it has come to fruition. The area is cleared, it is going to be beautiful once the facility is built and with Amazon and Halifax Hospital it will be a beautiful gateway to the City. Congratulations on all the hard work and Deltona Means Business. Also, this Thursday is the first County Council meeting of the year and in the next couple of meetings the council will be looking at future items so if there are certain things that the Commission thinks the county should be looking at just let him know. He asked that the Commission share future items with him via email and the county council will get working on them. He has tried to do everything that has been asked of him and he would like to continue to do that. C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Mayor Herzberg stated the Quarterly Board Reports are in written format and will be accepted as presented. 6. ORDINANCES AND PUBLIC HEARINGS: None. City of Deltona Page 2 Printed on 2/26/2020 City Commission Minutes January 6, 2020 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Consideration of Commissioner Avila-Vazquez’s and Commissioner Nabicht’s appointments to the Planning and Zoning Board for the remainder of a term to expire on March 15, 2020 - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to appoint Jody Lee Storozuk to the Planning and Zoning Board for the remainder of a term to expire on March 15, 2020. 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 Avila-Vazquez, seconded by Commissioner Nabicht, to appoint Patricia Northey to the Planning and Zoning Board for the remainder of a term to expire on March 15, 2020. 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 Commissioner Nabicht asked if anything needs to be done with the two vacant alternate members and City Clerk Joyce Raftery replied staff will advertise the vacancies for 60 days and then it will be brought back to the Commission. 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. Larry Mack, 591 Antelope Drive, Deltona, spoke about having questions on relative information not being provided by the City with regards to plans, City officials meeting with him and reviewing issues with his property, that he provided a report and survey to staff, Public Works operating within their normal frame work, the City not having relative information which is his main concern, his home not being a normal property, the outcome City of Deltona Page 3 Printed on 2/26/2020 City Commission Minutes January 6, 2020 not being what staff projected and he is not getting the benefit stated by staff, the project has since been completed, and the City not having the correct information. Matilda Morabito, Fish Hawk Road, Deltona, asked how she goes about being able to use the City's equipment in the chambers (overhead projector) for a presentation before the Commission and who she should talk to about that. Mayor Herzberg suggested Ms. Morabito contact the City Manager. Jim McCully, 920 Gage Avenue, Deltona, spoke about the Pine Ridge PUD and Ordinance No. 18-2019, the residents voicing their disapproval for the third time, the Planning & Zoning (P&Z) Board voting 5 to 1 against approval of the project, the residents and the board members have voiced serious concerns and discrepancies in the staff report as well as the developers presentation, he asked the elected officials to review the boards concerns and recommendations as well as the residents comments and objections, he asked that the Commission review all prior correspondence regarding this issue, taking the concerns of the residents to heart, taking into account the affect of development to the neighborhood, taking into account the responses and concerns of the P&Z Board regarding this project and he wished everyone a Happy New Year. Brandy White, 2689 Chalmer Street, Deltona, spoke about not receiving an update from her Commissioner regarding two complaints that she filed last year, the City Manager's annual reviews and why the reviews are not explained publicly, transparency, why her Commissioner has brought forward two complaints identifying the lack of process and procedure and requested resolution to the her complaints but nothing has been done, that she has multiple unanswered questions still out there, the Commission choosing the hardest ways that end with the worst results and the worst outlook on the City, hoping this year will be the year of changes, she wished everyone a Happy New Year and may the 2020 be the year of clear vision and to Mayor Herzberg she thinks it is going to be a spectacular year. Mike Williams, 2889 Cottageville Street, Deltona, spoke about loving his City, on January 18th will be the MLK Breakfast which is projected to have 500 attendees, everyone running for office will be attending, the City Manager telling him to make the numbers, candidates for the Gus Dowels Humanitarian Award, Deputy City Manager Dr. Cooper will be the Master of Ceremonies, that the breakfast represents Deltona, the job fair coming up on January 25th, Chaplain Anthony Alvarez will be doing the invocation at the breakfast, greetings will be brought by Vice Mayor Ramos, the event will also be the roll out of the 25th Anniversary, the highlight will be the I have a dream speach, for tickets contact him and the event will be representative of who Deltona is and what it is all about. Vernon Moore, Economic Development Chair of the NAACP (National Association for the Advancement of Colored People), spoke about his position, on January 25th at The Center there will be a Career MELT (military veterans, entrepreneurs, employers and licenses and trades)/Job Fair from 10:00 a.m. to 1:00 p.m., the vision behind the event, he requested that City of Deltona Page 4 Printed on 2/26/2020 City Commission Minutes January 6, 2020 the City sponsor the Job Fair and the Freedom Food Truck Festival by placing the events on the marquee signs throughout the City, Career Source in Orange City will be available January 14th and 16th to help the public who want to attend the job fair, the NAACP is doing great things in Deltona, companies can register at westvolusianaacp.org, and both W-2 employers and 1099 independent contractors can apply. 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: Mayor Herzberg stated that there has been a request to pull both items from Consent Agenda. A. Request for approval of Budget Amendment 2020-08 for Anticipated Litigation Costs for Preferred Governmental Claim Services Through Trial in Skeikh v. City of Deltona. - Dr. Marc A. Cooper, Deputy City Manager, (386) 878-8850, Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Commissioner Bradford asked what the value of the property is, what is the property worth and she asked for more details. Deputy City Manager Dr. Cooper replied this issue has been going on since 2011-2012, the City has not expended anything yet, it is the insurance company. The City has a claim of $100,000 limit and since 2011 the City has expended roughly $75,000 defending this claim. There was a property that was torn down through the abatement and nuisance process that the resident has been going back and forth with the City on. At the time when the valuation was done it was roughly $100,000, the City made an offer to settle the case of $150,000, however, the resident at one time had requested $4 million for the property which the City declined. The City has been fighting this case and the City is at the point now where it is going to trial and the $135,000 that is being asked for will take it through trial that the City will expend because at that point the City has exhausted the insurance claim limit. Commissioner Bradford asked can the City ask for attorney's fees back if it goes to trail and Dr. Cooper replied yes, the City's attorney can ask for pretty much whatever they want, it depends on what the findings are and what the judge will award. Motion by Vice Mayor Ramos, seconded by Commissioner Nabicht, to approve Budget Amendment 2020-08 and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. 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 5 Printed on 2/26/2020 City Commission Minutes January 6, 2020 B. Request for approval Resolution 2020-07, FY 2019-20 Budget Amendment #1 - Camille Hooper, Finance Department, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Commissioner Bradford asked for clarification that these are carryovers and an information on each one of these. That these are not new items and that they are again carryovers from the 2018-2019 budget. Finance Director Camille Hooper replied most are carryovers from the 2019 budget and there are a few items that have been approved as part of the first few months of this fiscal year which is housekeeping. Carry forward amendments are very routine and the last one was done January 22, 2019 and January 16, 2018. Again, it is routine for the City to do these every year. Commissioner Bradford stated at the bottom of each one of the amendments it lists where everything is coming from so if anyone wanted to pull the forms up on the website they could see whether it was a carryover item or where it came from. Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to approve Resolution 2020-07, Budget Amendment #1 for FY 2019-20 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. 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 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Nabicht stated through the TPO (Transportation Planning Organization) Connect 2045 is the new long-range plan being developed to guide the transportation future of the River to Sea TPO area which covers all of Volusia and the eastern portion of Flagler Counties. As we develop this plan we want to hear your perspective on several important issues impacting transportation. The will be five focus group meetings and January 7th is the one here at the Daytona State College (DSC) campus from 4:00 p.m. to 5:30 p.m. in the auditorium if anyone is interested. The four additional meetings will be on January 9th at DSC in Daytona, January 13th at the Brannon Center New Smyrna, January 15th at Daytona State Flagler Palm Coast, and January 16th at the Wayne G. Sanborn Activity Center in DeLand and all of them are from 4:00 p.m. to 5:30 p.m. For more information go to the TPO's website. Commissioner Nabicht stated the first social services summit of 2020 will be here in the chambers at 10:00 a.m. with the doors opening by 9:30 a.m. on January 8th. Commissioner Avila-Vazquez requested to have a deputy on site here in the office during City of Deltona Page 6 Printed on 2/26/2020 City Commission Minutes January 6, 2020 work hours and she did not know if this is something that should be workshopped. Staff has expressed concerns and this is one step that the Commission should follow through on for staff. Mayor Herzberg stated she was concerned about Healthy Start and she asked what kind of a view the Commission has on either getting information. Commissioner Nabicht stated he is for having a workshop to discuss it and see what the cost is involved from the VCSO (Volusia County Sherriff's Office) or hiring private security by putting it out to bid. Start with getting somebody from the VCSO to give an analysis, hear what some of the concerns are through the manager from staff and Healthy Start. That will give the VCSO the opportunity to do a risk analysis to see how to best serve those needs. After discussion, the Commission concurred to bring forward as a workshop topic Commissioner Avila-Vazquez's request to have a deputy at City Hall during working hours. Mayor Herzberg requested that staff look into the status of the BMAP (Basin Management Action Plan) and priority focus area for the Blue Springs Spring Shed. There was a petition against the State Bill that came down protecting the springs, the springs protect act, that passed in 2016. Gemini Springs and DeLeon Springs are both not affected, they have to come into compliance with the springs cleanup. However, the petition against Blue Springs was supposed to be heard in November to debate whether or not that petition would continue. What that means is that about 75% of Deltona is in the Blue Springs spring shed, there is a priority focus area that stretches from Lake Monroe up Providence Blvd. and takes about half the City (+/-) with the exception of Commissioner Nabicht's and Commissioner King's districts. That means a lot of homes go up, a lot of new construction, but not planned subdivisions and the Health Department is in charge of approving or not approving the septic systems. The mandate from the springs bill was that all new construction and all replacement septic tanks had to be the new BAM (biosorptive activated media) filter septic system which are nitrogen reduction. She requested an update due to the fact that there is a lot of new construction in the priority focus area and what is the City's process and procedure. She questioned if the City inspects those, look at them and make sure that it is happening or not because it is not a City function, but a Health Department function. She questioned what the City is doing to make sure it is in compliance and that future homeowners are in compliance. Again, she requested an update in the next few weeks.is in compliance, if there is one, regarding whether or not the petition, the litigation against the bill, was in fact settled for Blue Springs. There is a lot of new construction and citizen comments about what is going on; where is the septic tank going; how is the measurements going; all the trees are removed from the lot; what is the City's process for requiring trees to be put back; and how does the City know what was taken down. She requested an update on that as well for a future date and it does not need to be workshop, but just so the residents can get their answers. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: City of Deltona Page 7 Printed on 2/26/2020 City Commission Minutes January 6, 2020 City Manager Shang stated 2020 represents the year that the City will be 25 years old and there will be a series of events. On Friday, January 17th at 10:00 a.m. here in the chambers there will be a kickoff event and she asked everyone to mark their calendars for Friday, January 17th at 10:00 a.m. Mayor Herzberg asked how long the event will be and City Manager Shang replied 30 minutes. 14. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez stated she wanted to repeat what Manny Alamo prayed for, the military that have been deployed. She read something on Facebook that she wanted to share with everyone which is to not share any information about any family member with regards to where the family member is going or where they are stationed in order to keep everyone safe, especially not on Facebook. She wished everyone a Happy Three Kings Day. Commissioner McFall wished everyone a Happy New Year and as we go into the new year he is looking forward to 2020 being a banner year for development in Deltona. He knows with the 25th Anniversary it is going to be a great celebration. Commissioner King extended a Happy New Year to everyone. He solicited anyone's help that would like to go to the Deltona Memorial Gardens on Saturday, January 18th at 9:00 a.m. For all those who helped place 1,700 live wreaths on graves of every single Veteran at Deltona Memorial Garden for the holidays, we have to pick them up now. So anyone that would like to come out and help pick up the 1,700 wreaths he will be there at 9:00 a.m. on the 18th of January. Commissioner Nabicht wished everyone a Happy New Year and hopefully we will continue to keep Deltona on the move this year. Commissioner Bradford stated tomorrow night at 6:30 p.m. at The Center, 1640 MLK Blvd., Deltona, she will be kicking off the year with a District #2 meeting. At the meeting will be Rafael Ramirez from Halifax Hospital who will speak about the new hospital that is coming. The Assistant Economic Development Manager will be there to discuss items that are happening in District #2 such as new projects and he will answer any questions related to the district. She stated Public Works/Deltona Water Director John Peters did an assessment of Mr. Mack's property and she asked if Mr. Peters could give an update to the Commission on that. Mayor Herzberg replied that she was going to suggest having an update at the next Commission meeting, so if that is possible she has a list of questions. Commissioner Bradford stated that is fine because she knows staff went out to the property and she would like to know what the findings are. She stated she understands that Ms. White brought her stuff forward last year and she believed that the Mayor checked with the insurance. Mayor Herzberg replied she does not think that Ms. White is talking about the insurance, but about the complaints toward the Commission. Commissioner Bradford stated she believed it was discussed that it would go through the City's liability insurance and Mayor Herzberg replied her claim, yes. Commissioner Bradford asked for an update on that and Mayor Herzberg replied the City Attorney will also have to update that. City of Deltona Page 8 Printed on 2/26/2020 City Commission Minutes January 6, 2020 Commissioner Bradford stated she loved the idea of having the job fair put on the marquee signs, it is a wonderful idea and she would encourage the City to get the information out to to the public via Facebook, Twitter and Instagram also. She sees people sharing help wanted ads, sharing the job opportunities in Deltona and it is a great opportunity to make sure everyone knows about the job fair so the jobs can stay in the City. Commissioner Bradford asked for a consensus to put the job fair on the marquees and to promote the event as much as possible and the Commission concurred. Commissioner Bradford wished everyone a very happy and prosperous New Year and she hoped to see everyone at the District #2 meeting tomorrow night at 6:30 p.m. at The Center. Vice Mayor Ramos stated staying with the celebration of the City's journey, Halifax Health will open their doors on February 4th, but Saturday, February 1st there will be a community event open to the public from 11:00 a.m. to 2:00 p.m. There might be food trucks and it is a good opportunity for the community to go and see the hospital. As the City heads toward 2020 development in the City he wants to address a question to the City Manager as the City moves forward as it relates to the process. Project Normandy which everyone knows now as Amazon, he asked if the City Manager was aware of one of the Commissioners signing a non-disclosure agreement and City Manager Shang replied she was informed of that late during the process, she did not know initially when it had occurred. Vice Mayor Ramos stated so there is no process as it relates to informing Commissioners and if the City Manager was noticed toward the end who made that decision, what was the process taken to inform "a" Commissioner and not the rest of the Commission. Commissioner Bradford stated she had enquired and Vice Mayor Ramos stated sorry, he would like an answer from our City Manager who says she was informed late. He just wants to have an idea of what the process was and that there is a reason why he is asking the questions. We all know things are going to continue to happen in the City in development and he does not know if anyone here might be against or object to having a process. That when something like this happens there has to be a process, either the entire Commission is informed or none of the Commission is informed. He stated he would like to know when the non-disclosure was signed, the date and City Manager Shang replied she did not have that information, she was not aware of the agreement being signed until the day before the article came out. Vice Mayor Ramos stated this troubles him, it troubles him that the City Manager is not aware of one of the Commissioners signing a non-disclosure and finding out when the article came out. He is not sure if anyone objects, but he would ask that a process be created because there has to be a process. As the City continues to grow to include the 25th Anniversary, the City has to get it done right which is all he is concerned about. If there is going to be this "not knowing" he does not think that looks good for any of the Commission. Mayor Herzberg stated she believed that next Monday's Workshop is on the one topic of Code Enforcement and it is going to be a general discussion of Code Enforcement City of Deltona Page 9 Printed on 2/26/2020 City Commission Minutes January 6, 2020 because she knows the public is always interested in Code Enforcement and how things work. She asked Deputy City Manager Dr. Cooper to explain the item so if the public wanted to they could attend or listen to the meeting. Dr. Cooper replied it will be a general overview of Code Enforcement and some educational aspect of what Code Enforcement can and cannot do. Not only from a Code standpoint, but from the Animal Control standpoint because it is all one in the same. Mayor Herzberg stated okay and that is next Monday at 5:30 p.m. City Manager Shang stated there is another topic regarding the fertilizer ordinance. Mayor Herzberg asked which topic is first and City Manager Shang replied the fertilizer ordinance. Mayor Herzberg stated Commissioner Nabicht mentioned the Social Services Summit on Wednesday and at Noon in the Commissioner Chambers after that, Halifax Humane Society and the University of Florida are going to be here. She read the following " Halifax Humane Society has been granted a $30,000 best practices consult by University of Florida and Million Cat Challenge. The grant includes a visit to our area by some of the foremost experts in science based animal welfare lifesaving strategies. As an added bonus they are hosting a community leaders meeting in Deltona. The meeting is scheduled for January 8th at Noon in the Deltona City Commission Chambers. This meeting is in addition to the Daytona City Island Library public meeting January 7th at 6:00 p.m. and is specific to community leaders passionate about animal welfare. Municipal leadership is invited to discuss responsible public policy as it relates to animal welfare. Dr. Sara Pizano discusses proven strategies and programs that are fiscally responsible, solve constituents problems and allow your animal services departments to focus on public and animal safety. Leadership from the Greater Volusia area are invited to participate in this interactive discussion to learn how implementing these practices will better serve the constituents in your community." So if anyone is interested or is in a role such as animal control, the City's Animal Control staff will be in attendance and it will be from Noon to 1:30 p.m. She wished everyone a Happy New Year, she welcomed everyone to the decade of Deltona and she thinks 2020 is going to be a great year for all for everyone. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 7:46 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 10 Printed on 2/26/2020