City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, July 20, 2020 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 9 - Mayor Herzberg Vice Mayor Ramos Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McCool Commissioner Nabicht Interim City Manager Cooper City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #4 Commissioner. Commissioner McCool introduced Dr. Tim McNeil, Director of Genesis Counseling Center at First United Church, Ormond Beach, who led everyone in the invocation and the pledge to the flag. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of June 15, 2020 and the Special Commission Meetings of July 7th and 13th, 2020, 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 June 15, City of Deltona Page 1 Printed on 7/27/2020 City Commission Minutes July 20, 2020 2020 and the Special Commission Meetings of July 7th and 13th, 2020, as amended. Commissioner Bradford stated she had a correction on Page 37, it should read "She does not think late fees should be accumulated.." instead of "She does think..". Mayor Herzberg stated the minutes were amended and Vice Mayor Ramos replied he saw that, but the Mayor did say "as amended". The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by Neel-Schaffer for the Development of the Lakeshore Property as a destination point for the City of Deltona - Ryan Reckley, Director, Parks & Recreation, (386) 878-8902. Strategic Goal: Economic Development Parks & Recreation Director Ryan Reckley introduced Ginger Hoke, PLA, Senior Project Manager for Neel-Schaffer gave a brief presentation on the Development of the Lakeshore Property as a destination point for the City of Deltona. The presentation included proposed Eco-Village location, goals, eco-village context, regional/local trails, existing facilities, proposed eco-village development phases, Phase 1: Little Red School House, Phase 2: Community Center Lease, Phase 3: Cabins and Treehouses, Future Phase: Water Taxi, Future Phase: Boardwalk, eco-village site and concept. Commissioner Bradford stated it is a great concept, but her concern is the tree houses and the rentals specifically the liability. She questioned who will be taking care of the rentals to include housekeeping and maintenance. Also, she does not want to compete with local hotels. Commissioner Avila-Vasquez stated she loves the plan, but she suggested leasing out the cabin portion to someone else and is not the responsibility of the City. She asked if there would be campsite rentals considered. Mr. Reckley replied this is a concept and staff would be looking out for a concessionaire to lease out the cabin rentals and campsite rentals. Commissioner Nabicht stated this is very much on point with what was discussed in the past, but the one thing that was not added that was talked about before was some of the primitive camping ability and he listed several places where camping is available. This is a great concept, the City will not be in competition with hotels and this is geared toward a particular class of people. Commissioner McCool stated it is a beautiful development, but with regards to the Heritage City of Deltona Page 2 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Museum Information Center is it the City's intention to store its historical documents there. Mr. Reckley replied yes, that is correct. Commissioner McCool asked with regards to the property allocated to Public Works is there a stated project for that or is it for future use. Mr. Reckley replied it is a current project. Vice Mayor Ramos stated this is great, there is great interest for this, it creates diversity, the City is a Trail Town and that area is designated as a Trail Town. Mayor Herzberg asked how large the whole area is and if the whole entire piece would be designated as a park. Mr. Reckley replied the portion that is not used for Public Works. Mayor Herzberg asked what the advantage of that is and Mr. Reckley replied right now it is a dormant location that he considers his crown jewel in the City. He sees a lot of residents using the area and if people had an opportunity to rent bikes and kayaks it would bring value to that area and the City. If staff is able to get a cafe open it becomes a nice destination and not just a pass-through. Mayor Herzberg asked how many acres the property is and Mr. Reckley replied under 7 acres. Mayor Herzberg asked if staff would work on the Little Red School House initially and at the same time maybe start looking for a vendor for the main building and Mr. Reckley replied that is correct. Commissioner Avila-Vazquez stated when looking at the lake, the property on the left-hand side is owned by a private resident and the county tried to acquire that piece of property for many years. The City should look into trying to acquire that piece of property. Also, the secretary for the Edgewater Condos has said that location is used a lot for wedding and graduation pictures. Commissioner King asked if staff would be leasing out the cafe and Mr. Reckley replied yes, Parks & Recreation does not have the capacity or personnel to take that on. Commissioner King asked what is the time frame for completing the project, the best and worst case scenarios and Mr. Reckley replied this is definitely a three to five year process for completion. Mayor Herzberg asked if there are plans to fix the handicap issues and it is budgeted correct. Mr. Reckley replied that is correct. Mayor Herzberg stated the first step is for the Commission to designate the area as a park. Mr. Reckley replied yes, this has been discussed for almost 8 months, it is not part of the capital projects and staff wants to ensure that this is a serious and valuable project to be included in the Parks & Recreation Master Plan. Mayor Herzberg asked what the funding source was and Mr. Reckley replied staff is looking at outside dollars and grant funding that is out there, staff just need to procure them. Commissioner King suggested on Page 13, that the boardwalk be created with concrete instead of wood which is an ongoing maintenance issue. Mr. Reckley replied staff will look at every reasonable and cost efficient option. Motion by Vice Mayor Ramos, seconded by Commissioner City of Deltona Page 3 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Avila-Vazquez, to designate the Lakeshore Community Center area as a park with the exception of the Public Works project and any funding source for the project has to come back to the Commission for approval. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht B. 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: A. Public Hearing - Resolution No. 2020-42, Establishing the Tentative Proposed Millage Rate for the levy of ad valorem taxes for FY 2020/2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg stated the budget hearing was last week, Ms. Hooper is here to answer any questions, this is the first reading and the Commission has several millage rate options. To be clear, whatever the Commission sets this at today it cannot go higher for the second reading, but it can go lower. Commissioner McCool asked for an explanation of why the item asks for the maximum amount allowed. Ms. Hooper replied the maximum amount calculation is the set by the TRIM (Truth in Millage) process is set by statute and it depends on the taxable value as well as prior year millage value. There are certain levels of millage and a certain level requires a simple majority and a higher millage requires a super majority. Ten mills is the legal legal maximum limit and currently this year the maximum is 8.1205 mills which is the maximum allowed by a super majority by the millage calculation and would require five votes. Staff has to certify the tentative millage to the property appraiser by August 4th and that is what is used to prepare the property tax. Mayor Herzberg stated right now nobody has any idea what kind of hit the City is going to get on sales tax revenue, but the City is going to take a hit at least for the months of March and April. The City is going to see a reduction in sales tax revenues and gas tax revenues, but nobody knows the amount so that needs to be incorporated in a fluid budget. Commissioner Nabicht asked what the anticipated total dollar amount generated by the 8.1205 mills would be and Ms. Hooper replied $22,500,000. Commissioner Nabicht asked what the proposed budget is this year for the VCSO (Volusia County Sheriff's Office) City of Deltona Page 4 Printed on 7/27/2020 City Commission Minutes July 20, 2020 contract and the Fire Department and Ms. Hooper replied $12 million each. Commissioner Nabicht stated Ad Valorem does not even cover the public safety budget and Ms. Hooper replied that is correct. The budget has not been finalized and the Commission provided the manager some direction, but a revised proposal has not been presented to the Commission so with all those unknowns out there the Commission would be foolish not to go with the tentative millage of 8.1205. Otherwise the Commission would be faced with some potentially very drastic cuts. The Commission and staff identified that all the departments are operating at the bear minimum and as a result projects take longer to complete. Ms. Hooper stated that even if all the departments were fully staffed the City is running on four employees per 1,000 residents where other municipalities are running on 12 or 13 employees per 1,000 residents. Hopefully sometime this week staff will get the estimates on the other revenue sources that come mostly from sales taxes, but the property taxes are the most significant source of revenue for the General Fund. Commissioner McCool asked what the dollar amount would be for each resident and Ms. Hooper replied it is additional $20.39 annually per average household at the highest millage rate additional over last year's average millage. Commissioner King asked what the current millage is and Interim City Manager Dr. Cooper replied 7.850 mills. Commissioner King asked if the Commission were to lower the current millage rate by 10% would that be 7.152 mills or rollback and Ms. Hooper replied the 7.85 represents 9.76% higher than the rollback rate which is 7.152 mills. Commissioner King stated that all the departments made 10% cuts and Ms. Hooper replied yes, many cut more than that. Commissioner King asked what figure was used to come up with the budget and Interim City Manager Dr. Cooper replied 7.85 mills. Commissioner King asked if the Commission approves the 7.85 would the City bring in more money than it did this year and Ms. Hooper replied the rollback rate is designed to bring in the same amount of property tax revenues after everything has been adjusted based on taxable value growth. It does not provide for any increases due to cost of living, inflation, additional residents, or more staff. Mayor Herzberg asked what the increase is for the VCSO contract and Ms. Hooper replied 1% or $100,000. Interim City Manager Dr. Cooper stated when staff was reviewing and working on the budget it was based on the worst case scenario. Staff is hoping for the best, but staff looked at the worst case scenario possible. Commissioner King stated he is not in favor of increasing the millage rate any further than it is currently at 7.85 mills and he suggested cutting the budget by 15%. There was $600,000 given to the Fire Department and $400,000 to VCSO last year which should not have been given at all until this year if they needed it because some of that money has not even been used yet since the county decided it will not allow the City to do what it wanted to do with those funds. He asked the Commission to think about the residents and he suggested to make it work at the 7.85 mills. City of Deltona Page 5 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Commissioner Bradford asked if last year the City covered the police and fire budgets from the millage rate and Ms. Hooper replied no. Commissioner Nabicht replied that has never been done. Commissioner Bradford asked for clarification regarding Commissioner King's question which was if the 7.85 mills was an increase over last year's taxes and the response was no. Ms. Hooper explained the 7.85 mills on average would be more because people's taxable values have gone up, but the rollback rate would not bring in more revenue than what was received last year. Commissioner Bradford stated if the Commission approves a higher millage rate her gut tells her the chances of it going down, it will not happen. She does not want to add any more due burden on the residents, staff has based the budget off of 7.85 mills and the City is going to have a cost savings by not doing any of its events. Commissioner Nabicht stated all the events were already removed from the proposed budget. Commissioner Nabicht asked Commissioner King if the state revenue funds are down where would he suggest that million dollar cuts to the budget are made and Commissioner King replied he is not sure, but together as a group the Commission should figure that out. Commissioner Nabicht stated that staff should determine a level of service and then figure out what that is going to cost to fund it. By not having that $20 extra a year which is less than $2 a month per household what level of services is the Commission going to tell the residents they are going to have to do without. The 7.85 mills already includes no events for the entire year and the 10% cuts that were made includes things training, education and career development. Let’s protect the City's programs and services that the City offers by setting the millage at 8.1205 mills. Then work with the manager and have another budget meeting because the goal certainly is to get back to the 7.85 mills. If the state revenue sharing is drastically down, even at the 8.1205 the Commission is still going to have to make cuts. He suggest the Commission not hamstring itself and arm itself with as much as possible. Yes, all of the money that this City operates on comes from the people that live here and those people benefit by the services the City provides, collectively. Commissioner Avila-Vazquez asked at what rate the $29 annually per household was and Ms. Hooper replied 8.1205 mills, but it is $20.39 additional on average per year per household. Mayor Herzberg stated those individuals whose homes are homestead, their property values are not affected by what the property appraiser assesses their home at. If the home is homesteaded the person has what is called Save Our Homes which is put forth by the State of Florida and that means that the person's property value by law cannot go up more than 3% in value in any given year. Last year it was set at 1.9% and this year it is 2.3% and Ms. Hooper stated Save Our Homes has been in effect since 1995 and only five times has it actually reached 3%. So if a person's home is valued under $75,000 that person is not getting an increase and would stay at the $196 (-/+) that is paid to the City every year until the value of their home goes above $75,000. Ms. Hooper stated about 86% of the City's properties are residential and about 70% to 75% are homesteaded with 50% having some type of tax exemption. Mayor Herzberg stated that during the great recession the property appraiser devalued the City's homes 20% one year, 22% the next year and 20% the year City of Deltona Page 6 Printed on 7/27/2020 City Commission Minutes July 20, 2020 after that which is a total of 62% devaluation in three years. Ms. Hooper stated she was asked about the percentages of homeowners and the amount of property taxes so for this year, 2020, about 7.89% would have a property tax bill of $0, 33.5% of residential property owners pay $250 or less. Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to approve Resolution No. 2020-42 adopting the tentative proposed millage rate of 8.1205 for the levy of ad valorem taxes for FY 2020/2021. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public hearing. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the VCSO not making any cuts, money provided to Parks last year, roads and grants, to cutting all department's budgets by 10% and put that toward roads, the Sheriff asking for additional Deputies, residents having to dig in their pockets, Commissioners not helping staff to avoid overtime, cutting public safety by 10% and gas taxes. Jim Pescha, 1120 West Old Mill Drive, Deltona, spoke about disagreeing with the dialog, doing a budget based on the City's income, living on social security, his property value going up, a 9% increase just on the current millage rate, being hit with two increases in taxes, people asking for things like road repairs, nobody willing to donate to the expenses, Congress making cuts, unemployment benefits, $20 a year being a lot of money, not going to the maximum millage rate and doing without. David Sousa, 931 Hemford, Deltona, spoke about projects, the cost of public safety, the $2 million deficit, what the long term deficit is, an increase of $20 a year per household, the tax break that was given to Amazon, not having money for roads, the cost of The Center and putting that money toward roads. Ms. Hooper stated most of the City's debt is Deltona Water, water utilities, but the General Fund does not go toward that. The principal on Deltona Water bonds altogether are about $125 million and as far as General Fund revenue the only portion of that was the refunding bond which was used to pay part of The Center which is about $8 million on principal on that one which is about $300,000 to $400,000 a year so most of the debt is outside of the General Fund. Mayor Herzberg stated Deltona Water is an Enterprise Fund so it receives no money from the Ad Valorem taxes as well as stormwater which are paid by a separate fee. Ms. Hooper replied yes, stormwater is run on water or sewer utility rates, utility charges, and stormwater is a non-ad valorem assessment and is based on the amount of land a person has. Mayor Herzberg closed the public hearing. City of Deltona Page 7 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Mayor Herzberg stated in the current budget for 7.85 mills she added up the vacant positions which totals $1,216,793 in vacant positions and at the higher level the City would be able to fund some of those positions. Mayor Herzberg re-opened the public hearing. Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about listening to the Mayor and Commissioner Nabicht, excuses, how long the Mayor has been on the Commission, Former City Manager Shang, The Center, the roads, Former Mayor Masiarczyk, raises, the Commission taking responsibility, and the Mayor being a liar and a phony. Mayor Herzberg asked if there was a problem with the public comments and the City Clerk replied yes, residents do not put what they want to speak about so staff places those speakers under the general public forum portion of the agenda and not under a specific item. Mayor Herzberg stated there are instructions on the speaker form so if a resident wants to speak about a specific agenda item they should put that on the form. Mayor Herzberg closed the public hearing. The City Attorney read the title of Resolution No. 2020-42 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A PROPOSED MILLAGE RATE FOR THE 2020-21 FISCAL YEAR; DETERMINING THE ROLLED-BACK RATE; ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER THE PROPOSED MILLAGE RATE AND THE TENTATIVE BUDGET FOR THE 2020-21 FISCAL YEAR; PROVIDING FOR AN EFFECTIVE DATE. The motion failed by the following vote: For: 4 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, and Commissioner Nabicht Against: 3 - Commissioner Bradford, Commissioner King, and Commissioner McCool Motion by Mayor Herzberg, seconded by Commissioner Nabicht, to approve Resolution No. 2020-42 adopting the tentative proposed millage rate of 8.00 mills for the levy of ad valorem taxes for FY 2020/2021. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The motion failed by the following vote: City of Deltona Page 8 Printed on 7/27/2020 City Commission Minutes July 20, 2020 For: 4 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, and Commissioner Nabicht Against: 3 - Commissioner Bradford, Commissioner King, and Commissioner McCool Vice Mayor Ramos passed the gavel to Mayor Herzberg. Mayor Herzberg passed the gavel to Vice Mayor Ramos. Motion by Mayor Herzberg, seconded by Commissioner Nabicht, to approve Resolution No. 2020-42 adopting the tentative proposed millage rate of 7.85 for the levy of ad valorem taxes for FY 2020/2021. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The motion failed by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht Vice Mayor Ramos passed the gavel to Mayor Herzberg. Resolution No. 2020-42 was approved at 7:53 p.m. B. Public Hearing - Resolution No. 2020-32, Establishing the Annual Rate Resolution - Solid Waste Services for FY 2020/2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg passed the gavel to Vice Mayor Ramos. Motion by Mayor Herzberg, seconded by Commissioner Avila-Vazquez, to approve Resolution No. 2020-32, Establishing the Annual Rate Resolution for Solid Waste Assessments for FY 2020/2021 at the rate of $202.80 per Equivalent Residential Unit (ERU). Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The City Attorney read the title of Resolution No. 2020-32 for the record. City of Deltona Page 9 Printed on 7/27/2020 City Commission Minutes July 20, 2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2020-2021; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2020-2021; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIFIED AND DELIVERED TO THE TAX COLLECTOR AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Ramos opened and closed the public hearing as there were none. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht Vice Mayor Ramos passed the gavel to Mayor Herzberg. Resolution No. 2020-32 was approved at 7:54 p.m. C. Public Hearing - Resolution No. 2020-30, Establishing the Annual Rate Resolution - Stormwater Services for FY 2020/2021 - Camille Hooper, Finance (386) 878-8552. Strategic Goal: Fiscal Issues Motion by Commissioner Bradford, seconded by Commissioner King, to approve Resolution No. 2020-30, Establishing the Annual Rate Resolution for Stormwater Utility Assessments for FY 2020/2021 at the rate of $128.00 per Equivalent Residential Unit (ERU). Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The City Attorney read the title of Resolution No. 2020-30 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER UTILITY SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN THE FISCAL YEAR 2020-21; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2020-21; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Herzberg opened and closed the public hearing as there were none. City of Deltona Page 10 Printed on 7/27/2020 City Commission Minutes July 20, 2020 The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht Resolution No. 2020-30 was approved at 7:56 p.m. D. Public Hearing - Resolution No. 2020-31, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2020/2021 - Camille Hooper, Finance Department, (386) 878-8552. Strategic Goal: Fiscal Issues Motion by Commissioner Avila-Vazquez, seconded by Mayor Herzberg, to adopt Resolution No. 2020-31, Establishing the Annual Rate for Lake McGarity Aquatic Weed Control Services Assessment for FY 2020/2021 at an annual rate of $134.15 per assessed parcel. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The City Attorney read the title of Resolution No. 2020-31 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA RELATING TO THE PROVISION OF AQUATIC WEED CONTROL SERVICES ("SERVICES") FOR LAKE McGARITY, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2020-2021; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2020-2021; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Herzberg opened and closed the public hearing as there were none. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht Resolution No. 2020-31 was approved at 7:58 p.m. E. Public Hearing - Resolution No. 2020-41, Approval of the City of Deltona Community Development Block Grant (CDBG) Program Year 2020-2021 Annual Action Plan (AAP) - Ron A. Paradise, Interim Deputy City City of Deltona Page 11 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Manager/Director, Planning and Development Services (386) 878-8610. Strategic Goal: Fiscal Issues - administer grants. Mayor Herzberg stated the applicants and what they were awarded were as follows: New Hope Human Services - $16,708.84, Council on Aging (COA) - $15,980.93, The Neighborhood Center of West Volusia - $17,933.05, Boys & Girls Club of Volusia/Flagler - $17,701.44, The Early Learning Coalition of Flagler and Volusia - $16,675.75 and Vessels of Honor - $0. Planning & Development Services Director Ron Paradise stated that per the Commission's consensus at a February workshop the applicants were ranked using a points based scoring system. Commissioner McCool stated she asked if the HMIS (Homeless Management Information System) was a requirement for getting the CDBG (Community Development Block Grant) funds and it was discussed that it was attractive in the process, but it was not necessary. She suggested that all applicants must belong to HMIS which has licensing every year. The HMIS costs $350 and training is provided yearly for applicants. With the exception of the COA she would like to have further discussion on the applicants. Mayor Herzberg agreed with requiring the HMIS. Interim City Manager Dr. Cooper asked for clarification that the HMIS will be a requirement. Mr. Paradise explained the HMIS tracking mechanism and the issue with those applicants who do not have HMIS. Commissioner Bradford requested to workshop the item instead of making a decision on it tonight without having all the details and information. Mayor Herzberg asked if there was a way to clarify which agencies need to quality for HMIS and Mr. Paradise replied yes, and an option could be to re-weight the HMIS requiring in the ranking criteria which would be a good way to go about handling it. Also, City staff does support the use of HMIS. Mayor Herzberg asked that staff find out what Volusia County does and is the HMIS a stipulation for their CDBG funding for something like this and let the Commission know. Mr. Paradise replied yes, staff can look into that. Commissioner Bradford agrees with individuals are getting assistance for utilities and rental assistance they have to be on HMIS, but when it comes to child care, development, and Boys and Girls Club they are in that other category of child care services. Vice Mayor Ramos stated he agrees, but the Neighborhood Center and Hands of Hope both do exactly the same thing yet the Hands of Hope is given a $1,200 less than the Neighborhood Center. He suggested that both organizations receive $17,900 and deduct $1,200 from the Early Learning Coalition. The Commission concurred and Mayor Herzberg suggested to make the changes as part of the motion. City of Deltona Page 12 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Commissioner Avila-Vazquez suggested that Hands of Hope receive more funding because that is the local organization that is here in Deltona providing assistance. At this time she agrees because she does not want to start changing the numbers around, but she agrees with the Vice Mayor that the two organizations should receive equal amounts. However, going forward the City needs to consider Hands of Hope as the base here in Deltona for social services and having them as the point of contact for the City. She also agrees with making an exception for those organizations who do not deal with homelessness. Commissioner McCool asked if there is a geographical preference or is the ranking weighted by geographical location and Mr. Paradise replied not as far as the ranking goes, but it was taken into account. She agrees with making Hands of Hope getting more funding or at least equal to the Neighborhood Center. Also as she understands it, the Neighborhood Center still has funds available. Commissioner Nabicht stated it cannot be done by just looking at geography, but to look at the services being provided and certainly the Neighborhood Center provides a much different level of service dealing with homelessness than Hands of Hope does. Yes, Hands of Hope is in Deltona, but they do not currently have the ability to house people within their facility or have a 24 hour hotline being manned. Certainly something all-inclusive in the City that would do housing, transportation, food and education would be great to have, but the City does not have that which is why all the organizations work together. Commissioner King asked if staff started out saying it had $80,300 to spend or did staff figure out what it was, then figure how much money was going to be spent and then say OK it came to $80,300. Mr. Paradise replied right now staff operated under the premise which is normally the case that the City can only expand 15% of this allocation. Now there has been some changes with regard to that but you know what when the ranking was done in the recommendation was presented kind of want to stay within that 15% of the allocation. There have been some changes regarding that, but when the ranking was done and the recommendation was presented staff wanted to stay within that 15% cap. When talking about the CDBG allocation which is about $600,000, staff just does not know how much the City can get. Mathematically staff wanted to stay within that 15% which came to $80,300 which gave staff some free board and some confidence that if the allocation actually came in less from the federal government the City would still remain within that 15%. Now with COVID yes, it is possible to bust out of that 15% cap, but he would not recommend that. There are some much needed stormwater projects that are part of this CDBG Annual Action Plan. The stormwater projects are pretty large projects, they are expensive projects, but they need to be done. The work on the Providence Blvd. and Normandy Blvd. intersection is something that CDBG is going to largely fund or fund a significant portion thereof. Therefore he suggests that the Commission stay within the $80,300 limit. Commissioner King asked if there was money in the fund that was being carried over into the new year and Mr. Paradise replied there may be some carryover, it has not been trued up yet. The best thing to do would be to take it out of stormwater because that carry over City of Deltona Page 13 Printed on 7/27/2020 City Commission Minutes July 20, 2020 money, if there is any available, will come under earlier program years which would still stay within that 15% cap definitively. However, he suggested that it is not a good idea to mix and match. Commissioner Bradford stated she is curious if the Neighborhood Center still has funding because Hands of Hope has not had any funds for a while so they do seem to be the first primary resource that people go to in Deltona. She asked how much is being given from additional sources to the Neighborhood Center and Mr. Paradise replied there is the $50,000 allocation for the homeless facility and $15,000 to continue the first response program which was CLC's (Community Life Center) allocation that was not used before the CLC was dissolved. The City gave both New Hope and the Neighborhood Center $20,000 each in the last number of months in SHIP (State Housing Initiatives Partnership) funds for homelessness prevention. Commissioner Bradford asked if staff knew how much of the funds provided to each organization were utilized and Mr. Paradise replied yes, all the assistance money has been spent with the exception of $4,000 that the Neighborhood Center has not yet spent for the rapid response. Vice Mayor Ramos asked who received the $15,000 that was not used by CLC and Mr. Paradise replied the Neighborhood Center. Motion by Vice Mayor Ramos, seconded by Commissioner McCool, to approve Resolution No. 2020-41, the staff suggested funding of CDBG public services and direct the Interim City Manager to transmit the Program Year 2020-2021 Annual Action Plan to the U.S. Department of Housing and Urban Development as follows: The Neighborhood Center of West Volusia - $17,900, Boys & Girls Club of Volusia/Flagler - $17,700, New Hope Human Services - $17,900, Council on Aging (COA) - $15,000, The Early Learning Coalition of Flagler and Volusia - $11,800. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public hearing. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about Page 12 citizen participation and communication, newspaper advertisements, antiquated communication methods, electronic message boards, announcements, fragile families, social services, homelessness, staff and finding a better solution for fragile families. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the funding provided to The Neighborhood Center, where organizations are located, what funding goes toward, reducing the funds for the Neighborhood Center and providing it to a local organization, the organizations helping Deltona, where the bulk of the money goes, and the earlier workshop discussion. City of Deltona Page 14 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Mayor Herzberg closed the public hearing. Mayor Herzberg stated regarding the Early Learning Coalition, does staff have a breakdown of how much of the funding is used for the City or is it all in one big pot. Mr. Paradise replied it is broken down to a Deltona families with 55 children served. Mayor Herzberg asked if that was for after school child care and Mr. Paradise replied in addition to pre kindergarten or VPK (Voluntary Pre Kindergarten Education Program). Mayor Herzberg asked if it supplements the VPK and Mr. Paradise replied yes. Commissioner Bradford stated the money that The Neighborhood Center utilizes are used for Deltona residents because they do have to turn in the report and Mr. Paradise replied that is correct. Commissioner McCool stated the $17,900 that is provided The Neighborhood Center breaks down to about $750 per incident and that funding get the person started on their way into a new house or new living environment. She suggested to move toward the trend in the coming years that the City centralize that. Commissioner Nabicht stated with regards to The Neighborhood Center being housed in DeLand, originally the proposal was going to cost Deltona taxpayers hundreds of thousands of dollars to house homeless people over off U.S.92 in the Daytona Beach area. Mayor Herzberg stated over $328,000 a year. He provided a detailed history of how land was acquired in DeLand near The Neighborhood Center to expand it for additional housing with a commitment from the surrounding cities. There is regional components to the decision about where these facilities will be. The City Attorney read the title of Resolution No. 2020-41 for the record. A RESOLUTION OF CITY OF DELTONA, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020-2021; AUTHORIZING THE CITY MANAGER TO EXECUTE THE REQUIRED FEDERAL FORMS AND CERTIFICATIONS; AUTHORIZING SUBMITTAL OF THE PLAN; AUTHORIZING THE ADMINISTRATION OF THE PLAN; PROVIDING CONDITIONS, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht Resolution No. 2020-41 was approved at 8:43 p.m. 7. OLD BUSINESS: None. City of Deltona Page 15 Printed on 7/27/2020 City Commission Minutes July 20, 2020 8. NEW BUSINESS: A. Request for approval of Brickell Drive Stormwater - Property Acquisition, and Resolution 2020-48, Budget Amendment 050 for property acquisition - Scott George, Attorney, (386) 878-8873, and Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Internal/External Communications Mayor Herzberg stated this is a piece of property the City is trying to acquire for stormwater and Interim City Manager Dr. Cooper replied yes, for storm water and for treatment purposes, moving the water and rerouting it through the wetlands. Staff feels that it is in the best interest of the City to purchase that and it is coming out of the Wetland Mitigation Fund. City Attorney Fowler stated the attorney representing the sellers which we worked out this deal with has gone silent and we have not been able to contact him or speak with him, but he does not know why. So, while he would encourage the Commission to go ahead and approve this if there is a problem it will come back before the Commission. Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor Ramos, to approve the N. Bricknell Property Acquisition between the City of Deltona and Timothy and Noelle Hall in the amount of $20,000.00. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened and closed the public comments as there was none. The motion carried by the following vote: For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht 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. Rob Martin, 893 West Village, Deltona, spoke about the CROWN (Create a Respectful and Open World for Natural Hair) Act, gender neutral pronouns, taking a stand so residents are protected from discrimination, Ordinance No. 37-2019, and that Deltona can be more inclusive. City of Deltona Page 16 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Lawton A. ColleyShaw, 968 Centennial Avenue, Deltona, spoke about being a candidate for District 6 and he gave some background about himself which included where he was born, being a police officer and getting shot, having four kids, being a business owner for 12 years, that Deltona can do more, listening to residents concerns and solving their problems. Patricia Louise Stevens, 3172 Haney Street, Deltona, spoke about being a resident since 2001, fireworks being out of control in residential areas, keeping Deltona beautiful, fireworks causing liter, cleaning up other people's fireworks, that the issue of fireworks continues to escalate, the downside to fireworks and the affects of fireworks on animals and Veterans. Will Roberts, address is protected under F.S. 119, spoke about running for Volusia County Tax Collector, the office becoming a separate entity and no longer under the county, he provided his experiences and qualifications, needing someone in the position who can hit the ground running, the inexperience of the Seminole County Tax Collector, Deltona being under served, and needing a tag, tax and title office in the City. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about Deltona Strong and their role, being curious about the City Manager situation, Deltona having had 13 City Managers, looking at ourselves as a City, Interim City Manager Dr. Cooper being a finalist for the City of Miami and who submitted his name, and not using the headhunter that the City of Miami used. Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about Former City Manager Shang and those who enabled her, a petition with six names on it to build a $300,000 park, a previous motion by Commissioner Bradford, that some Commissioners might be the problem, not blaming Jane Shang for what she did, Amazon, voting for years for Jane Shang, that he believes the Mayor is jealous, Former Mayor Masiarczyk, jobs, and The Center. Mayor Herzberg asked the City Attorney if there was language regarding public comments and personal attacks and City Attorney Fowler replied yes, ostensibly you are to avoid them. Mayor Herzberg stated from now on the City will be enforcing that. 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 Commissioner Bradford, seconded by Commissioner Nabicht, to approve Consent Agenda Items 10-A through 10-C. The motion carried by the following vote: City of Deltona Page 17 Printed on 7/27/2020 City Commission Minutes July 20, 2020 For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht A. Request for approval of Resolution No. 2020-40, adopting the 2020 Volusia County Mitigation Strategy as approved by the Florida Division of Emergency Management and FEMA - Bill Snyder, Fire Department (386) 575-6902. Approved by Consent Agenda - to adopt Resolution No. 2020-40 adopting the 2020 Volusia County Local Mitigation Strategy as approved by the Florida Department of Emergency Management and FEMA. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. B. Request for approval of procurement of network infrastructure expansion and security cameras in the Festival Parks area and Parks and Recreation Depot - Interim City Manager Dr. Marc-Antonie Cooper, City Manager, (386) 878-8850. Strategic Goal: Public Safety Approved by Consent Agenda - to approve procurement of the network infrastructure to the Parks and Recreation Depot and Festival Park area to accommodate surveillance of the animal kennel and Festival Parks grounds. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. C. Request for approval of Municipal Utility Installation and Reimbursement Agreement (Capital Charge Credit Agreement) Osteen Acquisition Group, LLC, - John Peters, III, P.E., Public Works/Deltona Water (386) 878-8973. Strategic Goal: Sewer Expansion - Infrastructure Approved by Consent Agenda - to approve the agreement with Osteen Acquisition Group, LLC to install certain potable water, reclaimed water, and sanitary sewer lines as described in the Attached Agreement, and upon approval of this item authorizes any and all necessary actions, City of Deltona Page 18 Printed on 7/27/2020 City Commission Minutes July 20, 2020 documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Avila-Vazquez asked the manager to read the report regarding the gang activity and graffiti that has been mentioned several time in the Deltona Blvd. area. Interim City Manager Dr. Cooper stated the information was sent to the Commission, the VCSO gang officer investigated that area after Commissioner Bradford brought it up during a meeting. He received an e-mail stating that after conducting their investigation there is no gang activity in that area of the City. Also, none of the graffiti tends to lean towards gangs and that it is a graffiti artists that they have been trying to pursue. The graffiti on the FPL (Florida Power Light) light poles has been covered up and painted over. The investigation is still open to try to get that artists because what they have identified is two individual people that are tagging with their initials on different buildings and properties in the area, but the VCSO did specifically state that there is no gang activity going on in that area. Commissioner Avila-Vazquez asked if it was safe for her to respond to the residents and businesses in the neighborhood that they can feel safe because it is a one man job and Interim City Manager Dr. Cooper replied one or two yes. Commissioner Bradford stated she is in favor of moving forward and getting the City open for business, but she does not want to do it too fast. She is concerned with opening up the Bonkers comedy at The Center and she asked if she was the only one feeling like this is too soon. She understands everyone will be practicing social distancing, but everyone knows when in that environment it is going to be difficult to make sure that everyone is staying six feel apart. She suggested to push it off from August 14th to sometime in October or November. Interim City Manager Dr. Cooper replied he sent pictures to the Commission of the setup for The Center. Staff was able to get approximately eight feet between the tables and there are also tables for one, two and four people. There are a limited number of tickets, 120 instead of almost 500. Staff took a lot of necessary precautions and staff is just looking at getting The Center back open for those that have been asking about the bonkers comedy show. Staff did everything we could to make sure that we do have social distancing, there is no cash ticket sales and all tickets need to be purchased online. He understands her concern which has been heavily weighing on him for the last few months regarding how quickly a lot of things are opening back up. Commissioner Bradford stated she was asked to not come to a Commission meeting because she had contact with somebody who had COVID-19. She questioned how many of the 120 people at the event are going to go out and be in contact with somebody. She learned, she was the first one to say that nobody knows who a person is going to be in contact with that is positive for the virus and is going to affect those individuals that have no symptoms which is how she ended up in quarantine for a month. Commissioner Avila-Vazquez asked if the event date is during the dates of the governor's executive order and Interim City Manager Dr. Cooper replied the governor's executive order City of Deltona Page 19 Printed on 7/27/2020 City Commission Minutes July 20, 2020 is still in effect even to this day, but most of the venues that are open are open at 50% or less capacity. The Center would not even be open that far and there are small gatherings that The Center has been opened for, small private gatherings. Staff has taken every precaution for not only the visitors to The Center, but for staff. Sanitizing machines have been installed all over the building along with six-foot distancing signs. Commissioner Bradford is right, she was asked not to come to the meetings because she was exposed and staff was following the same protocols it follows for any of the staff members. Everyone will be encouraged to wear a mask, staff will be provided masks and gloves, nobody will be serving themselves, the food will have sneeze guards and every precaution possible has been taken to ensure everyone's safety at the event. Commissioner Avila-Vazquez asked if the City would be liable for anything and Interim City Manager Dr. Cooper replied no, the responsibility to protect themselves is on them. Commissioner Avila-Vazquez asked if alcoholic drinks would be served and Interim City Manager Dr. Cooper replied drinks will be served by a server, but there will be no congregating at a bar because the bar is not even going to be in sight. Commissioner King asked if all 120 ticket are sold would that cover the cost of operating The Center, will the City break even and Interim City Manager Dr. Cooper replied no, it will not, but it will start getting people back into The Center. Right now The Center is just sitting, it has been sitting idle and staff is doing some minor things that need to be done, but the only thing taking place there are small gatherings for private events and meetings. Commissioner Nabicht asked if The Center was following CDC best practices and Interim City Manager Dr. Cooper replied yes sir. Commissioner Nabicht stated that other similar type businesses are opening in the community, kids are going back to school, stores are open, and people that want to attend the event are going to purchase a ticket. He thinks it might be good for the community to have some entertainment, some levity to go to and have a night out for some folks. He supports The Center opening back up on a limited basis, take baby steps, but that is based on today's information. Interim City Manager Dr. Cooper stated staff has been monitoring the situation and is prepared to make any adjustments necessary. Commissioner Avila-Vazquez asked if there is a cut off time for example if a certain number of tickets are not sold and Interim City Manager Dr. Cooper replied staff has not discussed that yet. As of yesterday only two tickets had been sold and those were purchased by him, but it is being monitored and staff does have the option to cancel. Mayor Herzberg asked if Bonkers approached the City and Interim City Manager Dr. Cooper replied yes, they have started up in other venues around the city where they were okay. Mayor Herzberg stated right now the way meetings are being held seems to be working, but should the City get shut down or a Commissioner is unable to attend meetings for a month, is the Commission interested in visiting the remote meetings. Information Technology Director Robert Cordero stated he did some research on remote meetings. Once the City of Deltona Page 20 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Commission approves having remote meetings the Commission needs to also determine the parameters for the meetings and what a "remote meeting" means to the Commission, the format. There will need to be a lot of testing and training before going live as well as consulting the City's consultant that does the AV (audio visual) work for the City. Mayor Herzberg stated if the Commission was to have remote meetings and say three Commissioners could attend, but four were not able to staff would have to see what system is going to work for that in the chambers and Mr. Cordero replied exactly, so where are the attending Commissioners going to sit, will there be individual cameras set up, will there be individual microphones setup, and all of that is determined by the setting and the place where the Commissioners will be put into the remote meeting. The same thing goes for the public, how is the public going to speak, will they speak only remotely or will they call in via telephone. All of these things adds cost and complexity to the solution so staff needs to know what the Commission's parameters are and then staff can get together and determine a solution. Commissioner Avila-Vazquez stated the first thing the Commission needs to find out is what the City Charter will allow, but she is all for remote meetings. Interim City Manager Dr. Cooper replied the last time staff looked into that it was not the charter, but a resolution and the Commission policies and guidelines that required the Commission to be physically present a the meetings. Even if it was stated in the charter once the governor signs an executive order suspending that it technically allow the Commission to have those meetings. The City would have to pass a resolution that states during an emergency declaration the Commission would be allowed to have remote meetings. Mayor Herzberg asked if the Governor's executive order supersede a City resolution and City Attorney Fowler replied it probably would, he thinks the Governor's order runs through the end of this month, but he is not certain. Interim City Manager Dr. Cooper stated it is through August or September now. City Attorney Fowler stated typically the meetings are held via conference call and there is no visual. However, he also attends meetings in which it is visual, but everybody has to have similar type of equipment and cameras so it is not the world's easiest thing to organize. Where the City get a lot of participation from the audience which is rather unique quite honestly and he does not see it as the easiest thing to manage. There is one more meeting next month in August which brings us out of the Governor's order. So while the Commission can certainly inquire as to the mechanics he would be surprised if staff could get it organized and up running successfully next month. Mayor Herzberg stated in the past there was an option for a Commissioner to call into a meeting remotely as part of the Commission policies and guidelines and two former Commissioners took advantage of that. City Attorney Fowler stated that is an option for a Commissioner unable to attend a meeting, but he would have to look at the resolution to see how it was written, it may take an adjustment. Commissioner Nabicht asked what TPO (Transportation Planning Organization) was doing because they are a huge group made up of 18 plus cities. Vice Mayor Ramos replied the City of Deltona Page 21 Printed on 7/27/2020 City Commission Minutes July 20, 2020 TPO has been meeting off site kind of like to Zoom meeting. The Chairman is at the TPO office, anyone that wants to speak is there as well and also, some people phone in. Mayor Herzberg asked again if the Commission has any interest in having staff look into having remote meetings and Commissioner Nabicht replied definitely, but personally it should be a last resort. If the Commission can come together and meet it is still the best way to do it. Mayor Herzberg asked the Interim City Manager and City Attorney to send the Commission their policies and guidelines as it reads now. She suggested having the ability to have a remote meeting during an emergency and she agrees, as a last resort. Commissioner Nabicht stated even at the staff level, the manager could hold a staff meeting remotely which could become a regular practice similar to the Fire Department who does a conference call every morning. He suggested placing the remote meeting language in the Emergency Management Plan. Mr. Cordero asked if it would be for just Commission meeting or all other groups as well and Interim City Manager Dr. Cooper replied to look at all meetings. After discussion, the Commission concurred to have the current Commission Operating Guidelines & Meeting Rules and Procedures sent to the Commission and have staff come back with several options for having remote meetings. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: Interim City Manager Dr. Cooper stated regarding the monthly Commission meeting which he believes is working out well and the workshop meetings as needed. He asked to move forward on a more permanent basis with one regular meeting a month and workshops as needed to take place prior to the regular meeting and there was no objection. Interim City Manager Dr. Cooper stated the second item he would like to address is Ms. Ellis' comment regarding North Miami. It was a not a recruiter, he did apply for that position, but that was prior to Ms. Shang leaving the City and him being appointed to the Interim City Manager position. Due to COVID-19 nothing took place, North Miami finally published the finalists and he was as shocked as everyone else to find out. He said he was going to apply for the permanent City Manager position for Deltona and he meant that. The North Miami position went to someone else, but again he applied for that prior to Ms. Shang leaving. Commissioner Nabicht asked if Interim City Manger Dr. Cooper wanted feedback on the meetings and Interim City Manager Dr. Cooper replied if the Commission is ready to give feedback tonight, yes. City of Deltona Page 22 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Commissioner Nabicht stated he likes having the regular meeting and the workshop in one day, but need a food break in between. During budget time there are going to have to be a few extra meetings and as long as the Consent Agenda is utilized so that the meetings do not run into midnight. Vice Mayor Ramos stated he likes it, he thinks it is going to work because it keeps the Commission on task and if needed more meetings can be added. Commissioner Avila-Vazquez stated she does not have a problem with it, but maybe start the workshops a little earlier. She suggested having a break in between to eat something and the City pay for it then she does not have a problem with it, it is working great. Mayor Herzberg stated as long as the City is under these circumstances and the less that people need to gather the better. However, should an item come up that has to be addressed a Special Commission Meeting can be called. That is why she wants remote meetings addressed, so it is an option. Interim City Manager Dr. Cooper replied yes, Special Commission Meetings are always an option. Mayor Herzberg stated she is in favor of it provided there is always the option to call a Special Commission Meeting. Commissioner Avila-Vazquez asked if there would be a workshop before every meeting or as needed and Interim City Manager Dr. Cooper replied no, as needed. Under the direction of the Commission if a workshop is needed it will be scheduled two hours prior to the Regular Commission Meeting. Commissioner Bradford asked where the meeting board went that listed the meeting topics and how did it go from meetings every Monday to once a month, what happened. Interim City Manager Dr. Cooper stated he is not exactly sure where the meeting board went, it may be in the back. One of the reasons for going to one meeting is that there have not been any board or committee meetings in months and then the City has the option to ramp it back up if needed. The items are moving forward and staff is presenting everything it has to the Commission. Commissioner Bradford stated she thinks it would be good to have the board again to help prioritize topics, but she likes the idea and she wants to make sure everything is being addressed. Interim City Manager Dr. Cooper stated staff will get the board back up. 14. CITY COMMISSION COMMENTS: Commissioner Bradford stated everybody has seen Ms. Ellis’ emails and she is correct, that was one of the things that was dropped. She asked for a report on the Deltona properties that are owned by the City and a list of the City’s commercial properties that the City owns. She thinks the request came up when the Commission talked about moving around some of the City’s entities, Public Works. At that time she did ask for a list of Deltona commercial properties that are ready to move, but at this point she would like to see all those commercial properties, especially at the phase the City is at with its growth. She would still like to have that if nobody has any objections. City of Deltona Page 23 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Mayor Herzberg asked if she was asking for just the City’s commercial properties and Commissioner Bradford replied she just wanted to see the list of City owned commercial properties and any City owned residential properties as well. Commissioner King stated he would like to see the list. Interim City Manager Dr. Cooper replied the entire Commission will receive the information. Commissioner Nabicht stated commercial growth, it is interesting that Commissioner Bradford brings that up. The Commission as a body made a decision tonight and he will support that decision because that is how this works. The Commissioners had better get their budget books out and figure out where they will be making cuts because it was a lean budget that was turned in. The City is going to tax 7.85 mills, but that is not going to pay (profanity). So figure out what people the Commission is going to let go because the Commission is going to let people go, trust him. When the Commission does that it is going to slow the commercial growth down to a screeching halt because the Commission is going to lose somebody in Planning & Development, the Building Department, Code Enforcement and the City is going to lose people. That is the only way, the only way, that the Commission will be able to trim the budget enough, trust him. When the revenues come in the Commission is going to have to look hard and heavy as to where the cuts will be made, but they are going to be people this time, that is a fact. Commissioner Avila-Vazquez stated she wanted to let everybody know to be stay safe, please keep social distancing, and wear a mask, wear a mask, wear a mask. Commissioner McCool stated two things, Commissioner Nabicht is absolutely right, the Commission is going to have to ride this hard and figure out what the Commission is going to do. Also, there has been some great improvement over at the Deltona Community Gardens. There are sponsorships available, they have already gotten some businesses and there are private sponsorships where a person can sponsor a bed since the beds are being rebuilt out of concrete as opposed to wood so there is less maintenance. Jim and Paula did a great thing over there that will continue and it is a way for people to get involved growing their own food, taking some time out, socially distancing and getting over there to make contributions to the garden. She encouraged everyone to go out and take a look at it. Commissioner King stated he thinks one of the things that has been lost probably because of COVID to some extent, back when the Commission was working on the animal resolutions to change the ordinances Commissioner Nabicht brought up the fact that at some point the Commission needed to revisit the City’s cat situation which has not been done. He knows Commissioner Nabicht has complaints in his area and Commissioner Nabicht replied his has stopped. Commissioner King stated the Commission has received some emails and he is getting questions asking what the City is doing about all the cats because they continue to be a problem. The City is either not trapping enough of them to neuter and make a difference, or something. The Commission needs to look at that, it was on the schedule or it was supposed to be put on the schedule for a workshop. He thinks at some point the Commission needs to look at that and try to get some kind of resolution because honestly, the City is being overrun with cats. City of Deltona Page 24 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Vice Mayor Ramos reminded everyone that on Wednesday, July 22, 2020 at University High, collaboration between the Daytona Dreamers and Backpack Buddies will be having a food drop from 11:00 a.m. to 2:00 p.m. Volunteers should please arrive at 10:00 a.m. for those that want to volunteer and continue to wash up, back up and a mask up. He thanked those businesses that have put up the posters that he provided, stay safe. Mayor Herzberg stated she asked the Interim City Manager today what the City's COVID policy is for employees and she was sent the Fire Department's policy which is fine, but that still does not clarify when there is somebody who tested positive in a department are the people around them quarantined and is someone check who that person was close to. She received the county's policy for employees which states that if a person cannot social distance then the person should wear a mask. If out in public and going up to the public where the person cannot social distance as a county employee they have to wear a mask. If somebody tests positive in the county that person is sent home and they are contacted by Human Resources who takes over. Human Resources finds out who the person was in contact with, if the person choses to give that information, and then those people are informed and quarantined immediately. The county's policy is a set of written rules that addresses almost every single thing that Volusia County does. She stated she would send the Interim City Manager the county's policy to see how that compares to the City's because the policy that she got today is fine, but it does not specifically state what happens. Human Resources should be addressing these issues and Interim City Manager Dr. Cooper replied they are. He stated the policy that he sent to the Commission today is the policy that was written by the Fire Department, but as he stated in his e-mail to the Commission the City follows that. The only difference between what the City is doing and what the county is doing is that the City makes its general employees quarantine for 14 days. The employees are not allowed the emergency mandate to come back within 10 days, wear a mask and all that. No, it is 14 days quarantine for that person if that person tests positive and the person cannot come back to work until they have received a negative test. The issue that the City has with the one positive test from a person that was in City Hall is the person under the CDC (Center for Disease Control) guidelines did not experience symptoms until two days after they were gone. Employees were informed and were told where they could go to get tested if they wanted to go get tested. Masks and washing hands have always been encouraged in City Hall even prior to passing the resolution. Staff spoke with the Volusia County Health Department, the Emergency Manager, as well as the Medical Director for the City's Fire Department to come up with the guidelines that are being used, but they can be arranged to make them more specific. Staff was trying to give not only Human Resources and the Fire Department a guide because the managers do not even get involved. If somebody calls off sick the manager contacts Human Resources who takes it from that point. Mayor Herzberg stated she is concerned with an employee testing positive and those people that employee came in contact with. She realizes there are HIPPA rules, but if somebody tests positive in City Hall is every department notified of that or is that not done. The Fire Department is a little stricter and just by looking at the county's it was a little more specific and very instructive. City of Deltona Page 25 Printed on 7/27/2020 City Commission Minutes July 20, 2020 Mayor Herzberg stated currently nobody is working remotely, but that is being looked at and there is also a policy working remotely which is very specific. The City of Deltona is very poor on having policies and procedures and has been historically for a lot of things. So if the City is going to start something new by working from home, she would hope that there is a policy that is in written form and spells out and covers a lot of the stuff. This is not only for the employees' liability, but for the City. In certain departments there are a lot of good protocols and in other ones there are not. Interim City Manager Dr. Cooper stated staff is going through all the policies and procedures. Some are being re-written because they were created when the City was founded. Mayor Herzberg stated with the 7.85 millage rate and looking at the vacant positions that are not able to be filled, that is $1,216,793 worth of vacant positions. She is not quite sure how all of that is going to work when things start ramping up or continue. She does not know how it is going to work without the needed employees throughout the departments. The City is working without those positions right now, but at some point the Commission is going to have to take a hard look at everything and the Commission just voted to have a lower millage rate which is fine, but much of this evenings discussion from the workshop, CDBG funding, social services and providing and supplementing people in this City for things they cannot pay for, do not have the opportunity to pay for or just will not pay for. The serious discussion is how can the City keep forgiving this and that, provide this and give that, but then the Commission cuts, cuts, cuts. The City cannot provide things for free for people all the time and have the rest of the City subsidize that. There is going to be a lot of hard decisions to be made. She pulled information on two people that spoke about their tax bill which is public record. One gentleman's tax bill in 2017 was $265.51 to the City of Deltona, in 2018 it was $0 because he got a full-on exemption and in 2019 it was $252.84 at the same millage rate. Another gentleman that spoke his house was assessed in 2017 at $70,117 and paid $196.25, in 2018 his assessment went down to $68,810 and he paid $196.25 and in 2019 it went back up to $70,000 something and he paid $196.25. These are homesteaded homes and this is all public record on the property appraiser's website. She personally feels sorry for the Vice Mayor who has a heck of a tax bill, he is a victim of fluctuation, having to refinance and having some things go on with his house. That is the kind of an issue that is very difficult, but for all of us who have homestead we are not looking at a huge hike here for some people. Mayor Herzberg stated she promised she would talk about the Brandy White situation. Miss White had some instances with the City and had some issues in the past with the Sheriff's Department. The Sheriff's Department was called in when Miss White was speaking with Camille Hooper, Finance Director, and there was an issue about recording. Miss White had her phone upside down which was recording live and so the Sheriff's Department was called on the assumption it was she was illegally recording. The City Manager from her understanding at that time authorized the Sheriff's Department who came in and looked at the situation and they filed charges against Miss White for this "illegal recording". Then it City of Deltona Page 26 Printed on 7/27/2020 City Commission Minutes July 20, 2020 went to the State Attorney's Office who sat on and looked at it for several months (4-6). The State Attorney's Office decided not to further this case which happens a lot. They decided there is not enough information, it is not worth their while, there is nothing there and they decided not to further the case which was classified as a third degree felony. Consequently for Miss White when she was first charged it became a public record on clerk.org. If you go to the site it comes up as a third degree felony "c" which stands for "closed". The State Attorney's Office declined to do anything with that. So as time went on Miss White attempted to serve the City Manager, City Attorney and whatever with papers. The claim was sent to the City's insurance company which is what the City has an insurance company for, for anyone that has an intent to file a claim. Months ago she was instructed by this Commission to go ahead and meet with the insurance company which she did and she reported back to the Commission at one of the meetings, but she never met with them again aside from the fact that the City got one letter. She read the letter from the insurance carrier to Miss White which requested "…as discussed please provide any and all documentation supporting your claim for damages. We will contact you to discuss consideration of your claim after we have received and reviewed same. Please contact the underside if you have any questions…" Attached to that is a claim from Miss White to the insurance company and again, this is a letter that Miss White sent out to the insurance company and the response back from the insurance company was please provide any and all documentation supporting your claim for damages. This is where the City is on that because the letter that is attached to that is not a claim for damages it is an explanation of what happened or commentary on that. City Attorney Fowler stated he was contacted by Miss White so he wrote back to her and he said to please send him whatever it was that she sent to the insurance company because she indicated that she had. Miss White through about three or four different letters now refused to do so, just will not cooperate. Mayor Herzberg stated again the insurance company is asking for documentation supporting the claim for damages and the attached letter that she has here is what Miss White provided. That is where the City is on that ladies and gentleman. She promised everyone she would talk about this and she understands Miss White's issue is that this appears on her record as a closed case. That is the Clerk of Court and the Sheriff's Department who chose to file those charges that the State Attorney's Office dropped. That is automatically a public record for any one of us if something like that would happen to, it is a public record when charges are filed even if they are dropped and it shows the "c" for "closed". She understands that Miss White feels she has been victimized and wants a claim, but that is the City's insurance company that would settle that. That is the update she promised she would bring forward. It is the insurance company's job to vet a claim, look at it and decide whether or not it is a valid claim and City Attorney Fowler replied that is correct and again, he has not been able to get Miss White to cooperate with him to address it. He knows what Miss White has said, but I have no verification of that. He does not know what her damages may have been, if any, because she provides no information. Mayor Herzberg stated if anyone would like the information it is available and she thanked everyone. 15. ADJOURNMENT: City of Deltona Page 27 Printed on 7/27/2020 City Commission Minutes July 20, 2020 There being no further business, the meeting adjourned at 10:08 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 28 Printed on 7/27/2020