City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, August 17, 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 are allowing limited public access into the Commission Chambers and 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. by Mayor Herzberg. 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 #5 Commissioner. Vice Mayor Ramos introduced Rafi Santos of Rafi Santos Music Ministry 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 July 20, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Commissioner Bradford stated at the last meeting she brought up a note that there was a correction in the meeting minutes and she thinks a motion was made, but she said there was a change. She read in the minutes that the change never went in because when the motion was made it was not stated to approve the "amended" minutes. It clearly stated in the minutes when she read the agenda this week, there was a note that stated in City of Deltona Page 1 Printed on 9/8/2020 City Commission Minutes August 17, 2020 parentheses "but the Mayor did not make a motion to amend the minutes", she read it. Vice Mayor Ramos stated he made the motion, he recalls her comments and he did say according to any changes as necessary. Commissioner Bradford stated when reading the minutes it states "Mayor Herzberg stated the minutes were amended and Vice Mayor Ramos replied he saw that, but the Mayor did" not "say as amended." Mayor Herzberg replied it states "did say". Commissioner Bradford read the sentence again and it was okay, she thanked staff. Motion by Vice Mayor Ramos, seconded by Commissioner Bradford, to approve the minutes of the Regular Commission Meeting of July 20, 2020, as presented. 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. Report of virtual meeting through Zoom - Robert Cordero, IT Department (386) 878-8807. IT Director Robert Cordero and Mike Causey, Innovative Solutions, gave a brief presentation on virtual meetings to include Why Zoom?, How will it work?, Connecting, What will it look like?, Safety, How much will it cost?, and Helpful tips. Mayor Herzberg announced that there is seating in the chambers specifically marked off for social distancing and once those seats are full there is additional seating in the lobby area until seats are freed up in the chambers. She asked that if there are any staff sitting in the audience section to sit with the other staff behind the Clerk or to wait in the lobby area. Mr. Causey stated the onetime cost for iPADs with cellar connection is $5,400 for all nine with a 12" screen. Headphones are between $300 and $1,800 with a microphone to ensure everyone gets heard. The broadcast interface is between $4,850 and $7,700 and cellular data is $384 a month which can be activated and deactivated as necessary. Also, there is a $489 monthly subscription cost. Staff asks for everyone’s patience as this would be new for everyone involved and that it will get worse before it gets better. He suggested using the headphones with a microphone and not an ambient microphone and to mute it when not speaking. Also, that everyone tries to stay in one place/spot and do not move around and that it be a quiet spot. Lastly, the Commission will electronically notify if the presenter when they want to speak via hand signal or some type of voice command. Commissioner Bradford stated she has been on Zoom meetings, but never had to pay a subscription. She asked if whatever is spent on COVID, is that covered under COVID funds and this would be all reimbursable through COVID. Interim City Manager Dr. Cooper replied City of Deltona Page 2 Printed on 9/8/2020 City Commission Minutes August 17, 2020 this would be reimbursable under the initial setup under COVID funds, but if the City continues it the City would need to bear that expense. Commissioner Bradford stated if the City does not get the subscription with the iPADs and have that dedicated iPAD can she use a home computer. Mr. Causey replied any electronic device can be used that has internet and connection can be utilized, but without a Zoom subscription it is limited to one hour calls and 25 participants. If all the Commission uses the iPADs it makes it easier for IT because then it is uniform and that is something that can be managed. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2020-29, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2020/2021 - Camille Hooper, Finance (386) 878-8552. Strategic Goal: Fiscal Issues Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to adopt Resolution No. 2020-29, establishing the Annual Rate Resolution Streetlighting District Assessments 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 and closed the public hearing as there were none. 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. 2020-29 was approved at 6:46 p.m. B. Public Hearing - Ordinance No. 09-2020, rezoning request (RZ20-0002) for a +16 acre tract from Residential Estate One (RE-1) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Interim Deputy City Manager/Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified & high-quality housing opportunities to provide for all market demands. City of Deltona Page 3 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Commissioner McCool asked Mr. Paradise to point out all six of the RE-1 (Residential Estate One) Designations in the City on the map shown. She asked if all the RE-1 designations were on the out skirts of the City and Mr. Paradise replied generally that is correct. Commissioner McCool spoke about the areas surrounding the development, looking at all Deltona properties, the number of projects going on, the available 2,044 infill lots, communication with the residents, the reasons for denying a zoning request, the Comprehensive Plan and housing element, the lack of multi-family uses or granny flats, appropriate locations, zoning request should not be a given, the 100 year floodplain, one overflow parking per 10 houses, an annexation not being a given, urban sprawl, future land use, affordable housing, the cost of the houses, and considering all the options. Commissioner Bradford spoke about previously not being for smaller homes, the younger generation’s wants, droving by the property and having a conversation with Attorney Watts, the construction on Howland Blvd., work she has done in other cities, the demographic of people, the community not being what it used to be, the cost of the proposed homes, housing for all age groups, the added parking and amenities, feeding the new commercial market, schools in the area, keeping up the HOA (Homeowners Association) and not wanting a lot of changes to come before the Commission. Mr. Paradise reminded everyone that the Commission needed to state whether they had any ex parte communications. Commissioner Bradford stated she had driven by the proposed project and had ex parte communications with Attorney Mark Watts. Commissioner Nabicht stated he had ex parte communications with Attorney Mark Watts. Mayor Herzberg stated she had no ex parte communications. Vice Mayor Ramos stated he had ex parte communications with Attorney Mark Watts. Commissioner Avila-Vazquez stated she had ex parte communications with Attorney Mark Watts, however, she was unable to talk. Commissioner McCool stated she had ex parte communications with Attorney Mark Watts and a neighbor of the proposed project. King stated he had no other communications of any kind. Commissioner King spoke about not being in favor of the project, the property not being 16 City of Deltona Page 4 Printed on 9/8/2020 City Commission Minutes August 17, 2020 acres, homes being compressed to ten feet apart, the current zoning RE-1, taking away a person’s choice for a larger lot, the surrounding 2 1/2 acre lots, the addition of 600 cars a day, traffic being an issue now, the development being wrong for the area, Planning & Zoning (P&Z) Board voting 6 to 1 to deny, dissolving the P&Z Board, that the Commission reconsider the project, endangered animals in the area and being against the project. Commissioner Avila-Vazquez spoke about possible development on all large vacant lands, how she chose her property, affordable housing, the younger generation’s wants, Victoria Park, surrounding residents in favor of the project, property values in the area, the new Dollar Store, and the Commission does not having to agree with P&Z Board decision. Commissioner McCool spoke about the City's ordinances, making sure the plan is consistent with all the adoptive elements, a portion being in a floodplain, conservation, her job as a Commissioner, having high density areas, promoting the City as a green community, the development not being innovative or green, whether the decision has to be made today, reading the whole Comprehensive Plan, not making more property, the impact being forever, reserving the land for those interested in it, and protecting property for future residents. Commissioner Nabicht spoke about the 15 page staff report meeting the requirements of the Comprehensive Plan, staff being the professionals, Commissioner King's comments distancing himself from the Commission, that the Commission wrote the rules, the developer's right to develop the property within the rules, the Commission having to approve the project if it meets the rules and if not it deprives the developer of his rights, and collectively the Commission can change the rules, but not changing the rules in the middle. Commissioner Nabicht requested a roll call vote so that it gives a Commissioner with a dissenting opinion/vote to state the reason why, meaning one of the legally required objections to the project in the zoning ordinance. Should this be challenged in court, it will give the attorneys a place to start from as to did it meet that level. The Commissioners have to have a legal reason to vote this down otherwise it puts the City in the position of facing a future lawsuit and paying to have the development built. Commissioner Nabicht continued to speak about capacity letters, staff's recommendation, the P&Z Board not substantiating their reasons for voting against the project, not rubber stamping what the P&Z Board votes for, the purpose of the P&Z Board, wanting to hear from the developer and that there is no substantiated evidence for denial. Commissioner Bradford asked how many members of the P&Z Board are a current candidate for election this year and Mr. Paradise replied two. Commissioner Bradford spoke about the P&Z Board having a debate, not having the Commission's vote being construed and needing to be accurate, the P&Z Board discussion was more like candidates campaigning, needing to look at the rules for the board, and to evaluate whether or not candidates can be on a board that influences a Commission's vote. She stated she could not tell from the minutes why the P&Z Board was opposed to the project and Mr. City of Deltona Page 5 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Paradise replied his take away was that the board was not comfortable with the density, the project was premature and there was enough product out there to support the growth, at least in the short term. Attorney Mark Watts, Cobb Cole, 231 N. Woodland Blvd., DeLand, stating he is here on behalf of the landowner who is the applicant. Any project proposed needs to be consistent with the Comprehensive Plan, this one is. This is a proposal to rezone approximately 16+/- acres to allow for a cluster of 61 lots located on Lake Helen Osteen Road. It is in an area with sufficient road capacity, sewer and water capacity and school capacity to provide for the demands that the development would represent. It is in the county's service area for utilities, however, there are ongoing discussions as he thinks the City lines are actually closer and more efficient to serve the overall property. This development is similar to the last project and the standard Deltona Lakes platted areas surround the property. There are some commercial uses in the area, but there is an area of undeveloped land. That the code speaks to opportunities for a variety from a housing type standpoint and a market standpoint. The code and the Comprehensive Plan encourage the progression of variety and this is a step towards providing some of that variety and this is an appropriate location for it. After submitting the initial plan they received feedback from letters sent out to the surrounding property owners. They invited the property owners to a Zoom neighborhood meeting and there were three members of the public and staff that participated in that neighborhood meeting held on May 21st. Some key notes from the neighborhood meeting were concerns regarding access and additional buffering which were both addressed. There are a significant number of people that have a preference for smaller lots so they do not have to deal with things like outside maintenance i.e. the millennial generation and the baby boomer generation which make up 120 to 130 million people nationally. This particular shift in the development approach caters to that portion of the population. Common open spaces like a central park area with shade trees, benches, tot lot, and a small and large dog park. The revised plan which shows the infrastructure on Lake Helena Osteen Road so that people slowing down to turn into the neighborhood are not stopping in the flow of traffic so that a person can continue through traffic while sitting in a turn lane to come in and it also creates a safer opportunity for ingress and egress. Also, along the western side of the property is the future road connection. The revised plan with the changes was sent to those people who participated in the neighborhood meeting. There were some discussions and suggestions to provide a different configuration on some of the guests and overflow parking which are shown on the updated version of the plan and he explained those changes. Attorney Mark Watts addressed some of the points heard so far in the discussion. Victoria Park is different, it is a master-planned community where they were able to go out and take 1800 acres or 2100 acres originally and put a master plan around it, but the thing that the project provided was choice and variety. There is townhomes, urban patio homes, clustered lot areas, larger lot areas and almost up to a half acre lots within that same project. The Comprehensive Plan encourages that throughout Deltona and the way that occurs is to have pockets of development and fit different densities. The reference that not everybody wants to be on a small lot or a 40 foot lot is absolutely true everybody does not, but some City of Deltona Page 6 Printed on 9/8/2020 City Commission Minutes August 17, 2020 people do. This proposal brings an opportunity to provide variety and choice to those that want it. The reference regarding the floodplain, he agrees, he is familiar with that section in the Comprehensive Plan that says we should not be increasing residential densities and developing in the floodplain and the project is actually outside of the floodplain, the whole site. There are two wetland areas being fully preserved along with the required 25 foot buffer surrounding the wetland limits so there is no impacts to the wetland area or the floodplain in the area. This does not set a precedent with regard to any other RE-1 area and each application that comes before the Commission stands on its own merits with regard to that particular property, that proposal, and that location. With regards to the Pine Ridge site there were some concerns about shared access and the existing congestion in that area. This particular site is different from the standpoint of its location, configuration and how it interacts with the road network around it. This is an appropriate location for growth, the development and for the City to provide variety. The Comprehensive Plan is the road map for how the City plans for growth and how to accommodate that growth into the future. What is being proposed is fully consistent with that and it is consistent with providing variety and a choice to the current and future residents of Deltona. Commissioner King stated Attorney Watts spoke about providing a variety of choices, but there are already several other sites that are underway and he asked if all those lots had been sold already. Attorney Watts replied he is not sure what the status of those are, but they are working towards that. Commissioner King spoke about the City already having a variety, the variety becoming the majority, the lack of empty lots, building everywhere in the City, there are approximately 800 new homes being built, not needing homes today, and was land is developed it cannot go back. Attorney Watts replied the City's Comprehensive Plan established a low density residential classification which allows single family residential development up to a density of six units an acre. The proposal is 3.82 units an acre so just a little bit over half of the density that is permitted by the City's Comprehensive Plan. When looking at the vast majority of Deltona the actual density that is achieved in the majority of the land use areas is about three units an acre across the City. Going to 3.82 units an acre is an incremental increase in that average density, but it is not inconsistent with what the Comprehensive Plan allows in that area. The City's Comprehensive Plan encourages a higher density development and there are different ways of achieving it. There is cluster, patio homes, townhomes, and apartments that would let the City get to that higher density, but it is not going to look like the other things that are here. In reference to the other projects that are coming forward that have smaller lots, the data provided on population growth, the staff report and the millennial and baby boomer generations all express a strong preference for that smaller lot. Looking at the smaller lots that are moving forward in the projects in Deltona right now the overall lots that are not in the existing small lot subdivisions is about 30,000 and approximately 2,000 are in the units that are cited. So out of that 30,000 of overall lots the City is still looking at a very small increment of the overall availability of housing within Deltona. He spoke about Future Land Use Section 1-2 which encourages variety, Policy H1-1.1 and this proposed project is creating that variety that the City's Comprehensive Plan calls for. It is different than what the other development patterns have been here historically, but the City does not get to City of Deltona Page 7 Printed on 9/8/2020 City Commission Minutes August 17, 2020 variety without approving different. Mayor Herzberg stated Attorney Watts mentioned that he is doing turn lanes, right and left turn lanes and Attorney Watts replied correct. Mayor Herzberg stated the property will have approximately 650 daily TRIPS and she asked what number of TRIPS does the average gas station or Dollar Store have and Mr. Paradise replied 400 to 1,000 TRIPS. Mayor Herzberg stated a retail store would be equal to or greater than the TRIPS for this subdivision and Mr. Paradise replied potential yes. Mayor Herzberg asked if the left turn lane was to mitigate the traffic and Attorney Watts replied the basic purpose of the turn lane is to make sure there is a safe turning movement, but also so that vehicles that are turning into the project pull out of the travel lanes so they are not blocking the through lane in a way that is limiting the capacity of that overall facility. Mr. Paradise stated that the design is going to be the purview of Volusia County since Lake Helen Osteen Road is a county road. Mayor Herzberg asked how much further does Deltona's boundary extend beyond this piece of property and Mr. Paradise replied about a mile. Mayor Herzberg stated it was mentioned that across the street is a church which has nothing going on and Mr. Paradise replied they are actually working diligently out there and it has been going on since about 2004. Mayor Herzberg spoke about being a tree hugger and her love for animals, the church property being completely cleared and decimated, people wanting smaller lots and smaller homes, developers wanting to sell and recoup their investment plus a profit, having a 30 foot easement along her house which now has a pump station on it, people buying property and the surrounding area being developed over time, development being for the betterment of the City, the City's infrastructure system, looking at the bigger picture, why people move to the City, that the City should manage what the developers put in, and all the things the developer pays for. Mayor Herzberg asked if the development would have streetlighting, sidewalks, curb and gutter, and an HOA which would be paid for by the developer and Attorney Watts replied yes. Mayor Herzberg spoke about the development having less code issues, HOAs policing themselves, the future of Deltona being determined by the Commission, by not allowing development the existing homeowners will pay the burden and cost for the City's infrastructure and repairs, the City will receive requests for multi-family and in the long run this is going to be the future of Deltona. Commissioner McCool spoke about the facts, a developer buying a property with the full knowledge of its zoning, developing in a responsible manner, Florida courts having held Comprehensive Plans and the accompanying zoning classifications, the developers responsibility to show a properties invalidity, Florida statute 163.3194, the staff report's future land use designations, the staff report not addressing housing and conservation, the Commission making the final decision and following the law, the Commissioners asking themselves if they have strictly scrutinized this development, each development standing on City of Deltona Page 8 Printed on 9/8/2020 City Commission Minutes August 17, 2020 its own merit, and whether each Commissioner read all sections of the Comprehensive Plan. Attorney Watts asked that he be allowed to respond to any public comments. Mayor Herzberg opened the public hearing. Jim McCully, 920 Gage Avenue, Deltona, spoke about being here previously for the Pine Ridge RPUD, the Commission making a decision on property, considering his comments, not being responsible for developer's purchases, the Commission having zero responsibility to approve any development, the proposal needing to meet all requirements, the effort put forth from all parties being much better, not making any more land, 16 inch wells, water and land are finite resources, carefully developing the City, a news article in The Beacon, more interaction between the Commission and P&Z Board, growth being a huge issue, some people wanting large parcels, squeezing these types of developments throughout the City, and a previous Commission approving the church. David Sosa, 931 Hanford Drive, Deltona, spoke about candidate, not being on P&Z Board, the rezoning being important to all districts, residents not wanting RE-1 zonings rezoned, needing more resident input, the number of residents present, residents being afraid to come out, residents not wanting to email the Commission, the item affecting all districts, tabling the item for more public input, campaigning for a year, residents not wanting any more housing, residents wanting jobs and commercial development, the Commission's job, changing the Comprehensive Plan, private property rights, and infrastructure 20 years from now. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the public speaker clock, putting the cart before the horse, Catalina Blvd. being a critical road, no money going toward roads, 660 TRIPS, the Commission not taking care of the infrastructure, adding $1 million to the budget and what it went toward, Lake Helen Osteen Road turning into S.R. 44, Lake Helen being a small town, the construction on Howland Blvd., Amazon and its TRIPS per day, the RE-1 zoning, the property not meant to be a subdivision and a commercial building being across the street. Michael Wojtuniak, 2420 Pine Tree Acres Lane, Deltona, spoke about being zoned RE-1 and his location to the project, being a professional engineer, his concerns with the rezoning, the development needing larger setbacks, the buffer and setbacks, the amount of stormwater, ponds on the concept plan, Article 4 Land Development Regulations, growth being expected, the planning phase, the worst that could happen if the Commission does not approve the rezoning, and the development agreement and concept plan needing to be less intense. Kathy Bryan, 1625 Joyner Drive, Deltona, spoke about where the residents of the development are going to work, building Deltona's infrastructure, the density of proposed housing, traffic being funnelled down Howland Blvd., developers needing to work with the City of Deltona Page 9 Printed on 9/8/2020 City Commission Minutes August 17, 2020 county, traffic being bad now, the direction she goes to work, millenials liking green things, making high density areas greener, not clearing a whole lot and leaving some trees, having things within walking distance, and all the houses on busy roads. Brandy White, 2689 Chalmer Street, Deltona, spoke about having four minutes to speak, not being able to ask question along the way and wanting answers to her questions, how many remaining RE-1 lots are there, the two car garge requirement, the pump on the Mayor's property, all data collected and when it was collected, the eye sour on Lake Helen Osteen Road, not considering the Dollar General and its traffic, the addition of the church traffic, the City's Attorney, staff's involvement, best available data, the P&Z Board vote, the density, other areas with small lots, and residents wanting large lots. Mayor Herzberg closed the public hearing. Attorney Watts stated the comments about the limited number of RE-1 zonings and that land is a finite resource are accurate. One of the things people hate more than sprawl is density. One of the reasons why increasing density makes sense where the infrastructure is already in place is because it maximizes the investment that is already made. He understands and agrees there are those that want to have those larger lots which they have in Deltona and the surrounding areas. In this area there is a limited opportunity for the variety to go to a smaller lot option. In reference to getting more citizen input they purposely went beyond what the City's code required by sending out several letters regarding all the meetings and any revisions to the plan. Regarding the technical design elements of the plan, he agrees they have to design to those standards and as they go through that process they may loose some of the density, but the project is not at that point yet. They did coordinate with both the City and the county regarding the traffic impact and followed the TPO's (Transportation Planning Organization) standardize method for reviewing traffic impacts. The information regarding traffic was provided in March, 2020 and included the church across the street and the Dollar General store down the road. With regards to following Florida Statutes and the case law, the only thing he would disagree with is the justification for changing the zoning to RE-1. There is not a requirement that you have to determine that the original classification is not a proper zoning classification. It can be taken into account that things changed from the time the original classification took place to the time now where the City is planning into the future. The key is whatever is being approved has to be consistent with the City's Comprehensive Plan and the request before the Commission is consistent with that plan. Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve Ordinance No. 09-2020 to rezone a ±16 acre property from the Residential Estate One classification to Residential Planned Unit Development and schedule a second and final reading for September 21, 2020. 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 City of Deltona Page 10 Printed on 9/8/2020 City Commission Minutes August 17, 2020 this item. Mr. Paradise asked that the maker of the motion also include the most up-to-date changes to the Master Development Plan that incorporates some of the information from the Planning & Zoning Board and the underlined and strikethrough to the Development Agreement in the packet. Amended motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve Ordinance No. 09-2020 to rezone a ±16 acre property from the Residential Estate One classification to Residential Planned Unit Development and schedule a second and final reading for September 21, 2020. 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. To also include the most up-to-date changes to the Master Development Plan that incorporates some of the information from the Planning & Zoning Board and the underlined and strikethrough to the Development Agreement in the packet. Mayor Herzberg stated Commissioner Nabicht had asked for a roll call vote and for each Commissioner to state the reasons why they are voting in the affirmative. The City Attorney read the title of Ordinance No. 09-2020 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±16 ACRES OF LAND LOCATED SOUTH SIDE OF LAKE HELEN OSTEEN ROAD FROM CITY OF DELTONA RESIDENTIAL ESTATE ONE CLASSIFICATION (RE-1) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD); PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Avila-Vazquez stated the applicant meets all the requirements, she saw a letter from the Board of Education with approval of the zoning and the building so she approves the item. Commissioner Bradford voted yes. Commissioner King voted no because the Planning & Zoning Board denied it based on the fact that the project is too dense, there is no ample demonstration that the development is needed in the City at this time, and he does not believe that it meets the requirements of the Comprehensive Plan because the surrounding area is not compatible to this project. Commissioner McCool voted no because she does not believe as a Commission that it has strictly stricken scrutinized the compliance with the Comprehensive Plan that was City of Deltona Page 11 Printed on 9/8/2020 City Commission Minutes August 17, 2020 provided. She does not believe the Commission was thorough and she does not believe that all the Commissioners went through all of the elements of the Comprehensive Plan because in the staff report there is nothing listed regarding the housing, transportation and infrastructure of conservation element. So she does not believe the Commission did its due diligence to approve this tonight. Again, she votes no based on what Florida Statutes is telling her and not wanting to open herself up for litigation because she did not do her job. Commissioner Nabicht voted yes, he believes that the staff report is adequate. Vice Mayor Ramos voted yes, he believes it is consistent with the Comprehensive Plan. Mayor Herzberg voted yes, it is consistent with the Comprehensive Plan. The motion carried by the following vote: For: 5 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, and Commissioner Nabicht Against: 2 - Commissioner King, and Commissioner McCool Mayor Herzberg stated the second reading will be held on September 21, 2020 and she asked if any changes are made to please bring them forward. Ordinance No. 09-2020 was approved at 8:48 p.m. C. Public Hearing - Resolution No. 2020-39, Conditional Use application (CU20-0003) to permit two (2) 16-inch Upper Floridan Aquifer water supply wells. - Ron A. Paradise, Interim Deputy City Manager/Director, Planning and Development Services (386) 878-8610. Strategic Goal: Infrastructure. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. He reminded the Commission that the item needed to be approved by a super majority vote (5 to 2 vote). Commissioner Bradford asked what the cost is and Mr. Paradise replied there is a $1 million grant available to relocate wells outside the Blue Springs Basin. Commissioner Bradford asked if the City needed $1 million grant match funds and Public Works Director John Peters replied staff just put in the application for the grant. The St. Johns reached out to the City in June to see if the City had a shovel ready project that could be brought forward quickly for grant consideration. From a budget standpoint it would be 50/50 and the project is estimated at about $2 million and the City's portion is already in the current budget year and in the budget is another $1 million for next year's budget. If the City gets the grant it will not have to spend that $1 million in next year's budget. City of Deltona Page 12 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Commissioner Bradford asked if this affects the funds going toward wells, pipes failing, and emergencies over the next 12 months. Mr. Peters replied while there is a significant amount of infrastructure needing to be replaced over time. The cost being spent to fix broken pipes is nowhere near the cost to replace them. Over time the City will need to, but the City will need to be in a better financial condition to have that level of pipe replacement. Commissioner Nabicht stated the City has always had water breaks, they are nothing new, but is the City having some abnormal amount of water breaks. Mr. Peters replied there has not been an abnormal number of water break. This year there was an abnormal situation on Bardahl Court and Waterfall Circle where staff had to take significant action due the number of breaks in a small area. The water main break recently on Saxon Blvd. was due to several issues and that is how most of them occur. Commissioner Avila-Vazquez asked why the City needs wells and what will happen if the City does not do this. Mr. Peters replied it starts with the CUP. The City has a long term 20 year CUP based on the City doing the things that are necessary to protect the minimum flow levels at Blue Springs and it is State mandated. The CUP is a laundry list of capital improvement projects scheduled over the 20 years and he listed several of them. The City is reviewed every three to five years to make sure the City is in compliance with the plan. If the City is out of compliance the City could potentially loose years off the CUP. The develops occurring in the City is in large part because the City has the capacity through the CUP to provide for them, it is critical. Commissioner Avila-Vazquez asked what the percentage of water use in each area is allowed and what happens if the City were to go over that over that and Mr. Peters stated the City gets so much water per capita. The City's system is about 75,000 customers and at 100 gallons per day per person, it comes out to about 7.9 million. That is the volume the City is allowed to take out of the ground and over time, typically, the 120 is lowered to a smaller number which is when the City has to do alternative water projects. Commissioner Avila-Vazquez asked if the two wells will help and Mr. Peters replied the application was put in on Friday and staff has responded to two questions so the City has a complete application in with St. Johns right now. Motion by Vice Mayor Ramos, seconded by Commissioner Avila-Vazquez, to approve Resolution No. 2020-39, Conditional Use application (CU20-0003) to permit two (2) 16-inch Upper Floridan Aquifer water supply wells subject to the following conditions: 1) A minimum of a ten-foot landscape buffer be maintained from adjacent properties and the Roland Dr. right of way. 2) An interior fence with opaque screening shall be constructed and maintained surrounding the two supply wells. 3) The access road to the water wells shall not be paved, but constructed with stabilizing materials to support the standard fire apparatus equipment and if the wells are made permanent, a concrete City of Deltona Page 13 Printed on 9/8/2020 City Commission Minutes August 17, 2020 apron will be installed between the edge of the Roland Dr. pavement and the non-paved stabilized drive. 4) The water wells shall be constructed outside the drainage right of way. 5) The applicant will need to submit and complete a Combination of Lots application to combine the lots into one parcel. 6) The applicant will need to submit and complete the Site Plan application process. 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 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. 2020-39 was approved at 9:10 p.m. D. Public Hearing - Acceptance of Final Plat SD20-0003, Hampton Oaks - Ron A. Paradise, Interim Deputy City Manager/Director of Planning and Development Services, (386) 878-8610. Strategic Goal: Create more diversified and high-quality housing opportunities. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Motion by Commissioner Nabicht, seconded by Mayor Herzberg, to accept Final Plat SD20-0003, Hampton Oaks and approve the Mayor to sign the Plat. 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. Jeff Dinan, 1485 Streeplechase Lane, Deltona, spoke about previously speaking before the Commission, being disappointed, the previous item, the P&Z Board vote, this being a waste of time, what millennial's need and want, the facts, the cost of homes, destroying City of Deltona Page 14 Printed on 9/8/2020 City Commission Minutes August 17, 2020 comparables, the RPUD zoning, not listening to tax payers, voting out the Commissioners, the competency of the P&Z Board, considering the residents, and pumping water through broken pipes. Charles Hamilton, 1155 S. Cooper Drive, Deltona, spoke about being a homeowner on Cooper Drive, why he bought his lot, his house being in a wonderful location, the zoning and potential for development, the precedence of the homeowners, the eco system in the area, preserving the integrity of the area, and preserving the visual on Cooper Drive. Mayor Herzberg closed the public hearing. The motion carried by the following vote: For: 5 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, and Commissioner Nabicht Against: 1 - Commissioner King Abstain: 1 - Commissioner McCool Mayor Herzberg stated that Commissioner McCool could not abstain from the vote unless she had a conflict of interest and the vote was retaken. The motion carried by the following vote: For: 5 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, and Commissioner Nabicht Against: 2 - Commissioner King, and Commissioner McCool 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Request for approval of a sub-recipient agreement with the County of Volusia for Coronavirus Aid, Relief, and Economic Security Act (CARES Act), under the Coronavirus Relief Fund (CRF) - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Grant Management. Finance Director Camille Hooper gave a brief explanation of the item. Commissioner Nabicht stated Exhibit A that lists the populations and the dollar amount the City is eligible for, if anybody knows of anyone who has not filled out their census yet this is City of Deltona Page 15 Printed on 9/8/2020 City Commission Minutes August 17, 2020 what it amounts to. This is one of the places that gets the City more money and there are hundreds of people in the City that refuse to and have not yet filled out their census. He urged everyone to advocate for people to fill out the census which means Federal money coming into the City all the time whether it is for FEMA (Federal Emergency Management Agency) or projects like this. The City desperately needs to have an accurate count. Please continue to push the census as it is still ongoing. Ms. Hooper provided some additional information regarding this item and how important it is to adhere to the restrictive guidelines. Commissioner Avila-Vazquez asked if this is the money being reimbursed to the City of Deltona or is this the funds that are going to help the residents with the utilities and Interim City Manager Dr. Cooper replied this is reimbursement of what the City is spending directly related to COVID. Motion by Commissioner Bradford, seconded by Vice Mayor Ramos, to approve the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Coronavirus Relief Fund (CRF) sub-recipient agreement with the County of Volusia and direct the Interim City Manager to execute the agreement. 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 hearing as there were none. Interim City Manager Dr. Cooper stated the agreement must be signed by the Mayor. Amended Motion by Commissioner Bradford, seconded by Vice Mayor Ramos, to approve the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Coronavirus Relief Fund (CRF) sub-recipient agreement with the County of Volusia and direct the Mayor to execute the agreement. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Mayor to sign any documents necessary to further Commission approval of this item. 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. Request for approval of a sub-recipient agreement with the Florida Housing Finance Corporation for Coronavirus Aid, Relief, and Economic City of Deltona Page 16 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Security Act (CARES Act), under the Coronavirus Relief Fund (CRF) - Ron Paradise, Interim Deputy City Manager/Director Planning and Development Services, (386) 878-8610. Strategic Goal: Fiscal Issues - Grant Management. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Commissioner Avila-Vazquez asked if the requirement that the person's March bill be paid still in effect and Mr. Paradise replied it will be on a case by case basis. He is not sure how retroactive it is, but this money and the next item that is coming up will help less than 70 households. Commissioner Avila-Vazquez asked if the applications would be here locally and Mr. Paradise replied yes, City staff will be vetting the applications. Interim City Manager Dr. Cooper stated as a point of reference we could look at March because that is when everything started, but it is on a case by case basis. Commissioner McCool asked if the City has reached the median income and Mr. Paradise replied the income levels are promulgated by HUD (Department of Housing and Urban Development). A very low income household of four is making no more than $32,450 a year, low which is 80% AMI (Area Median Income) for a household of four is $51,900 a year, the moderate household of four is $77,880 a year and income needs to be authenticated with income tax returns and bank statements. Commissioner McCool asked if staff made a list of the items, documentation, residents need to provide. Mr. Paradise replied right and staff is going to get into pre-application meetings and so forth too to help explain what staff will be looking for. Commissioner McCool asked how soon before the City mobilizes and implement after the agreement is signed and Mr. Paradise replied staff anticipates starting to look at applications as early as tomorrow. Commissioner Bradford stated according to the letter the City could be eligible for $358,000 and Mr. Paradise replied correct. Commissioner Bradford asked why she just heard that will help 70 households, that is an average bill of $4,200 and Mr. Paradise replied that is also with the next item on the agenda, total. With the two pots of CARES Act funds, not all of the $358,000 will be used for mortgage, rent and utility assistance. Interim City Manager Dr. Cooper stated this money is also inclusive of the county's money because Deltona residents can still apply with the county for even more. Not necessarily double dipping because staff is trying its best to mitigate that. Commissioner Bradford asked if the City is working with Hands of Hope and Neighborhood Center so there is no duplication and Mr. Paradise replied staff is cognoscente of double dipping although it is not 100% fool proof. Commissioner Bradford asked what the average bill is and Mr. Paradise replied between the two opportunity about $7,000 per household. Interim City Manager Dr. Cooper stated it is because it helps with rent for three months and Mr. Paradise added or mortgage payments, but not everyone is going to need that level of assistance. Interim City Manager Dr. Cooper stated it is a three month package if approved City of Deltona Page 17 Printed on 9/8/2020 City Commission Minutes August 17, 2020 per household. Mayor Herzberg asked what the deadline is for using this money and Mr. Paradise replied December 31, 2021. Mayor Herzberg asked if the emergency home repairs are the same SHIP (State Housing Initiative Program) guidelines and Mr. Paradise replied correct. Commissioner Avila-Vazquez stated the mortgage assistance will not be for the escrow amount and Mr. Paradise replied right, that is for the property taxes which is insurance typically. Interim City Manager Dr. Cooper stated it is considered revenue replacement for City's and governments. Commissioner Avila-Vazquez stated the person would bring in their bill, that would be deducted from the total and they would get the balance and Mr. Paradise replied correct. Commissioner McCool asked if the City is allowed to use HMIS (Homeless Management Information System) for this and accounting for the funds received. Mr. Paradise replied the City does not have the ability to use HMIS because the City itself does not have HMIS account. For the next round of COVID staff is anticipating on having an HMIS account. Commissioner McCool asked if the City could obtain an HMIS account before the CIty takes any applications and Mr. Paradise replied some of the problem is that the money is being spent and coming to us so fast and staff is looking at going live as soon as possible. Commissioner Bradford asked what measures are being taken with regards to those residents that have received extensions on their mortgage and Mr. Paradise replied the check is not written to the resident, it is written to the bank or landlord. Motion by Commissioner Bradford, seconded by Commissioner King, to approve the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Coronavirus Relief Fund (CRF) sub-recipient agreement and direct the Interim City Manager to execute the agreement. 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 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 C. Request for approval of Resolution No. 2020-51, Approval of a Substantial Amendment to the City of Deltona Community Development Block Grant (CDBG) Program Year 2019-2020 Annual Action Plan (AAP) to incorporate City of Deltona Page 18 Printed on 9/8/2020 City Commission Minutes August 17, 2020 the City of Deltona’s 2020 Community Development Block Grant CDBG CARES Act (CDBG-CV) funding - Ron A. Paradise, Interim Deputy City Manager/Director Planning and Development Services (386) 878-8610. Strategic Goal: Fiscal Issues - administer grants. Planning & Development Services Director Ron Paradise gave a brief explanation of the item. Commissioner Bradford asked for an explanation of the $50,000 in administration and Mr. Paradise replied every grant the City gets, a certain portion of it is used to pay for City staff. Commissioner Bradford asked $16,666.67 of grant money per month for City staff, how many staff work on this the whole department and Mr. Paradise replied yes, there are two staff members that are only funded through grants. Commissioner Bradford stated she wants as much as possible to go toward assisting residents and Mr. Paradise replied it is important to keep in mind this is going to involve check runs, modification and a lot of administrative cost other than staff time. Commissioner Bradford asked if any additional staff are being brought in to handle this and Mr. Paradise replied not right now. Interim City Manager Dr. Cooper explained this funding is in addition to the SHIP funds and what the county is offering. Finance Director Camille Hooper stated none of these funds can be used for utilities. Mayor Herzberg suggested getting an update on what applications are submitted and the funding amounts from Mr. Paradise at the next Regular Commission Meeting because the big problem is the county cannot get people to qualify for the funding. Commissioner Bradford suggested to not spend funds on sanitation machines and water fountains and put more towards mortgage and rental assistance. Then re-evaluate it in 30 or 45 days and bring it back to the Commission to determine whether or not to allocate funds to sanitation machines and touch less water fountains. Interim City Manager Dr. Cooper replied that can be brought back to the Commission with an update. This was a huge pot of money dumped in the laps of the States, cities and counties that everyone thought they could use for revenue replacement, but it cannot. This can help with utilities such as lights, gas, electric, phone, internet, and cable. Commissioner Nabicht stated the City cannot give CARES Act money to pay a resident's water bill because it is considered revenue replacement since the City owns Deltona Water, not specifically water or sewer. Interim City Manager Dr. Cooper replied exactly, the City can give CARES Act money to pay for a resident's utilities that includes their water or sewer bill. Commissioner Bradford asked how the City is going to get communication out to the residents and not social media like Facebook because not everyone is on those sites. Interim City Manager Dr. Cooper replied fliers were put out at Wes Crile Park, Bonkers, City of Deltona Page 19 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Code Enforcement is handing them out and staff is getting it out as much as possible. Commissioner Bradford asked if fliers could be giving to grocery stores and Commissioner Nabicht suggested the food pantries. Interim City Manager Dr. Cooper stated once the item is approved staff will blanket the whole City with the fliers. Commissioner Bradford stated she does not want to ear mark any of the funds until the Commission knows the $165,000 is substantial. She suggested ear marking it as presented, but not to spend the funds right away. Mr. Paradise stated this item is to amend the plan and locks the City in for the plan. He supposes if the Commission wants to amend the plan it is an option, but there is not a lot of time on this because the money has to be spent this year. Vice Mayor Ramos stated there will be a process and there will be a captive audience. If the City runs out of funds then the county will be there with funding also. Commissioner McCool asked if there was SHIP money left over and Mr. Paradise replied some was spent on rental assistance, but he does not know the exact accounting. Also, the City did not get a lot of SHIP money this year because the Sadowski fund was rated and otherwise reallocated this year. Vice Mayor Ramos asked if the Parks & Recreation Department was considered for the sanitation machines because these are things that staff can continue to use and Interim City Manager Dr. Cooper replied this is just four portable units that can be transported to every facility. Under the other CARES Act money for reimbursement staff is asking for one machine per building. These are funds that are coming directly to the City that will go directly toward those units so the City does not have to hire outside company to sanitize the facilities. Commissioner King asked to define for the public what utilities are because there are things he does not consider as utilities that are being included in this and Commissioner Bradford stated that for grant money provided to businesses the Federal government defined it and it included things like water, phone, internet, cell phones and rent. Commissioner King suggested to define utilities on the fliers or whatever is being distributed and it should be on all the signs in and out of the City as well as the water bills. Motion by Commissioner King, seconded by Vice Mayor Ramos, to extend the meeting to 10:30 p.m. 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 Mayor Herzberg opened and closed the public comments as there were none. Commissioner Bradford asked if everything is being covered and if social well fair or counseling is also being addressed. Commissioner McCool stated that she asked the City of Deltona Page 20 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Interim City Manager that out of the $3.2 million allocation $100,000 be put toward counseling for residents. Mr. Paradise replied yes and the $300,000 in SHIP money can also be used for counseling. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Bradford, to approve Resolution No. 2020-51, to appropriately expend CDBG-CARES Act funds and direct the Interim City Manager to transmit the CDBG Cares Substantial Amendment for Program Year 2019-2020 Annual Action Plan to the U.S. Department of Housing and Urban Development. 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 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. 2020-51 was approved at 10:12 p.m. 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. Charleen Smith, 2299 E. Firwood Drive, Deltona, spoke about observations with Animal Control, concerning trends with Animal Control and specific incidents, Animal Control's hours of operation, lost and found groups, reoccurring reports that she sees, animal ordinances, she requested a follow-up report on a stray dog that was picked up and animals do not ask to be in the situations they are in, it is caused by people. Vice Mayor Ramos left the meeting at 10:12 p.m. and returned at 10:16 p.m. Commissioner King left the meeting at 10:16 p.m. Al Everson, 1033 Blue Horizon Drive, Deltona, spoke about the untimely death of Lloyd Marcus, the good publicity Mr. Marcus brought to the City, that Mr. Marcus was a wonderful human being, and he is blessed that his path intersected with Mr. Marcus. Jennifer Chasteen, District 6, Deltona, spoke about voting, being here on behalf of herself City of Deltona Page 21 Printed on 9/8/2020 City Commission Minutes August 17, 2020 and her neighbors regarding a noise issue, and she read portions of the City's noise ordinance. Commissioner King returned to the meeting at 10:19 p.m. Jennifer Chasteen continued to speak about the noise interfering with her life and her neighbors, filing complaints with non-emergency, her discussions with several deputies, loud music going on all day and all night, who should be contacted regarding noise, how many complaints have to take place before something is done, and being an advocate of the VCSO (Volusia County Sheriff's Office). Kathy Bryan, 1625 Joyner Drive, Deltona, spoke about the Friends of the Library having a plant sale on Saturday September 12th from 9:00 a.m. to Noon at 1984 Chapel Drive and it will benefit the Deltona Presbyterian Church food bank. Residents are asked to wear a mask, payment is by cash or check, plants are donated by volunteers and the plants are $3, $5 and $10. She spoke about dispensing with the water fountains which are not sanitary, the budget and not spending money on things that are not necessary, putting fliers in churches to communicate information, and a lot of people will not qualify for the CARES Act funding. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the time, having more than one meeting a month, that he has not had dinner, the Commission bickering, the budget discussion, adding $1 million to the budget, the City's reserve fund, the number of roads being repaired, the low wages paid to employees and the exuberant pay to others, the Union, dedicated money, the 10% rate of unemployment in the City, and moving the speakers podium. Brandy White, 2689 Chalmer Street, Deltona, spoke about her situation being brought up at the last meeting, her personal loss that she has suffered over the last month, stepping back and reflecting, that she came prepared to sue the City, that an email from her is due but she decided not to send it, that the City has not provided information to the insurance carrier, patting herself on the back for being patient, helping and talking to residents, missing hundreds of hours with her family, the City making it personal and giving examples and handing the issue the right way and not making it personal. 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 Nabicht, seconded by Vice Mayor Ramos, to approve Consent Agenda Items 10-A through 10-D. The motion carried by the following vote: City of Deltona Page 22 Printed on 9/8/2020 City Commission Minutes August 17, 2020 For: 7 - Mayor Herzberg, Vice Mayor Ramos, Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McCool, and Commissioner Nabicht A. Request for approval to re-designate to the Florida Department of Heath the City of Deltona Fiscal Year 2019 HOPWA grant, the City of Deltona Fiscal Year 2020 HOPWA grant and the City of Deltona Fiscal Year 2020 HOPWA CV (HOPWA CARES Act) - Ron Paradise, Interim Deputy City Manager/Director Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified and high-quality housing opportunities. Approved by Consent Agenda - to approve re-designation of the City of Deltona re-designation of the Fiscal Year 2019 HOPWA grant, the Fiscal Year 2020 HOPWA grant and the 2020 HOPWA CV (HOPWA Cares Act) grant to the Florida Department of Health. 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 Conditional Approval of Interlocal Agreement with Volusia County Sheriff’s Office for provision of Law Enforcement services for October 1, 2020 through September 30, 2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Approved by Consent Agenda - to approve the Volusia County Sheriff Office interlocal agreement, granting approval of the interlocal agreement with Volusia County for provision of law enforcement services for the period of October 1, 2020 through September 30, 2021, conditioned upon Commission approval and adoption of its budget for the 2020-21 fiscal year. C. Request for approval of Resolution No. 2020-50, Extension of Interlocal Agreement with Volusia County for distribution of Local Option Fuel Tax Proceeds for one year beginning September 1, 2020 through August 31, 2021 - Camille Hooper, Finance Director (386) 878-8552. City of Deltona Page 23 Printed on 9/8/2020 City Commission Minutes August 17, 2020 Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Approved by Consent Agenda - to approve Resolution No. 2020-50, extending the current interlocal agreement with Volusia County for distribution of Local Option Fuel Tax proceeds for a period of one year, beginning September 1, 2020 through August 31, 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. D. Request for approval of Resolution No. 2020-52, providing for the amendment of the City Commission’s Operating Guidelines and Meeting Rules and Procedures - City Attorney Fowler, Legal Department (386) 878-8872. Strategic Goal: Internal/External Communication Approved by Consent Agenda - to approve Resolution No. 2020-52, providing for the amendment of the City Commission Operating Guidelines and Meeting Rules and Procedures. 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. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Vice Mayor Ramos stated through the county emergency management the City was able to acquired PPE (Personal Protection Equipment) that was distributed. There was 120 PPE given out at the Bonkers comedy night and last Saturday Code Enforcement helped pass out over 900 PPE to the community at Wes Crile Park. The City continues to have some of the PPEs at Wes Crile Park, Harris Saxon Park, and the Skate Park and the reason is because the City is still providing the summer lunch program and residents are coming by. Vice Mayor Ramos stated Hands of Hope, Pastor Bradley, will have a food give-a-way this Saturday and he was able to acquire some PPE for him as well. Family Health Source, in two weeks, will be providing approximately 1,500 PPEs over at the Deltona Blvd. site in reference to what the City is doing here with the CARES Act (Coronavirus Aid, Relief, and Economic Security Act). Interim City Manager Dr. Cooper stated that Pastor Bradley will also be passing out the information as to what was approved tonight as well. City of Deltona Page 24 Printed on 9/8/2020 City Commission Minutes August 17, 2020 12. CITY ATTORNEY COMMENTS: City Attorney Fowler stated that the Governor extended the State of Emergency. 13. CITY MANAGER COMMENTS: None 14. CITY COMMISSION COMMENTS: Commissioner Nabicht stated that Bonkers went very well, it was sold out, the comedy was great, social distancing was observed, peopled masked up and the food was good. He recommended that if the City is going to continue to have these intensive items on the agenda to go back to two meetings a month and to look at what may or may not have a lot of comments by the Commission, staff reports or a lot of public participation. Commissioner Avila-Vazquez asked when a resident calls Code Enforcement, customer service representatives, is there a ticket opened for each call. Interim City Manager Dr. Cooper replied the person would be speaking to the customer service representative for Code Enforcement and if it is a call where someone is reporting something then yes a ticket is opened. Commissioner Avila-Vazquez asked if anyone reviews the tickets because she listened to the resident earlier say "when we called they told us this and when we called Code Enforcement told us that". She would hate to see the City's Code Enforcement staff going out to do the work be blamed for something that they are not even aware of it happening. She asked if there is someone following up on the calls and are the customer representatives passing along the information to Code Enforcement themselves. Interim City Manager Dr. Cooper replied when the case is opened, the case is assigned to a Code Officer and this is the first time he is hearing about the issue and he will follow up on this. Commissioner Avila-Vazquez asked the manager to do that because she would hate to put the blame on a group of staff that does not even know what is going on. If the calls need to be reviewed that are coming in or have the supervisor review the calls to follow up. Interim City Manager Dr. Cooper stated he will follow up with this, the City does not record calls, but there are tickets that staff follows up on. Commissioner McCool stated she has from Dolores Guzman a farm share free food distribution on August 26th at 10:00 a.m. while supplies last at Dewey O' Boster Sports Complex. It is a drive through distribution and she suggested placing the event on the blinky sign or marquee, she does not know what the thing is for that and Interim City Manager Dr. Cooper replied staff can get it on there as the organization filed for a special event permit, this is actually a different event, but the information can be put on the community calendar. Commissioner McCool stated it is in partnership with Dolores Guzman, Commissioner Chair West Volusia Hospital Authority and the Nitty Gritty True Talk Ministries. Commissioner McCool stated she wanted to speak on the News Journal's comments. It is her understanding that the press has the responsibility and right to print whatever it is that they print, but she thought it highly inflammatory to print what they printed regarding a 10% tax increase. The body of the article explained clearly what the City was doing, it was City of Deltona Page 25 Printed on 9/8/2020 City Commission Minutes August 17, 2020 inflammatory and it was only for sensationalism purposes. She understands the News Journal is in competition to sell papers, but part of it is the responsibility of community service and not to incite when there should be no reason to incite hysteria. Especially in the times that we are in right now and in order to try and get readership at the expense of upsetting people for that expressed purpose is just "bull". Shame on them for doing that, there are good reporters that work there, there are great reporters that work there and she just thinks it is really "sucky" especially in these times to pray on residents' fears by posting that. The article while correct, the headline was "BS". Commissioner McCool stated she would like for the City, she knows that she has as a resident and she knows Commissioner Avila-Vazquez has brought this up and other Commissioners have brought this up also, but she is going to ride this a bull into the ground. The City needs to do something about Exit 111A coming off of the interstate from I4 coming from Daytona Beach. It looks like people just throw and passing cars just throw their garbage there. It is like the City is trying to tell developers or people to move to the City, we are a City on the move, but the City cannot manage to change its own dirty diaper and that is "bull crap". She has asked at the county level, at the State level, DOT (Department of Transportation), and she has talked to numerous people and the City cannot manage to do that. She does not know why the City cannot manage to clean the dad-gum exit up. When she opens her house to people she does not want her house to stink so she actually cleans her house. This is the first thing people see and you never get a second chance to make a first impression. So, she would like to champion that cause, whatever the City Manager needs to do or whomever needs to be called. She will make note that she did call our esteem county representative and never did hear back from him. She does not know if she is going in the right direction, but she would like to champion that cause and put whomever on notice that she will not let this go until the dad-gum thing cleaned up, okay, because it looks like crap. It is just nasty, she cannot even look at it, so whatever needs to be done because she is going to bring it up every week and at every Commission meeting until there is movement because it is bologna. Commissioner Nabicht suggested a call to the District 5 secretary at FDOT (Florida Department of Transportation), that is an FDOT issue. Interim City Manager Dr. Cooper replied the call was already put in, but another will be place. Commissioner Nabicht suggested that Vice Mayor Ramos mention it at the next TPO (Transportation Planning Organization) meeting. Commissioner McCool stated she would just like to pray for everyone who is involved with any leftover cases from the previous City Manager because the City needs to put things to bed. It is bad for the City and people are having to make decisions and close the case up with Brandy. If the City could just be done with that, whatever needs to be done because it is a sad situation for both parties and she just wishes we could move on from that and make that right, whatever that is. Commissioner King apologized the American Legion was not present to do their award, but two of the recipients are on vacation or out of town so hopefully it can be scheduled for City of Deltona Page 26 Printed on 9/8/2020 City Commission Minutes August 17, 2020 the next meeting which he thinks is on September 21st. He agreed with Commissioner Nabicht that meetings that are this long, it is crazy to try and get everything done, a workshop and the meeting. He has been here since 3:00 p.m. and it is just too long. He thanked the manager for the food, he appreciated that part, but he thinks this is too long. He suggested to think about breaking it up into two days, one Regular Commission Meeting and one Workshop, but on different days. Vice Mayor Ramos stated for lack of time, it is 10:50 p.m., everyone have a great night. Mayor Herzberg stated she wanted to reiterate what Commissioner Nabicht said earlier about the census. For anyone still watching or who will watch it on repeat, please, please, please, go online to fill out the census. If you do not remember if you filled it out you can check it. Please go ahead and fill out your census, help those who cannot or do not know. The other comment she has is she agrees this is way to late and simply because there were a lot of public comment and a lot of discussion on several of these land use items. Commissioners prior to this meeting was a budget workshop. She asked if the Commission was satisfied with the workshop because there are no more budget workshops scheduled. Interim City Manager Dr. Cooper stated there is one on September 10th which is the first hearing. Mayor Herzberg asked if there is a budget workshop prior to that and Interim City Manager Dr. Cooper replied no. Mayor Herzberg stated so there are no more budget workshops. Just to make a statement, last year there were five and this year there were two. One was all day and the two hour workshop today. If the Commission as a body is satisfied with that then do not have any more, but she personally, is not so sure that she is satisfied with not having another budget workshop. She does not know how everyone feels about that and that is just her opinion. Commissioner Nabicht asked what the Mayor wanted to air or address at the meeting. Mayor Herzberg replied a lot of the things, the Commission did not get a lot answers today on what kind of budgeting there is for positions, where are we with some of the things in the budget. There is no update on capital projects and how much was not done this year that is being rolled over to next year. What are we looking at in terms of a reality of a budget. She knows there are a lot of things in play here. The City is going to be down on money, gas tax money and sales tax money, but we did not do a deep dive into it. Maybe it is just her, like she said whatever the Commission wants to do. If there is no interest in having another budget workshop, that is fine, but she is putting it out there if as a Commission interested in revisiting any more aspects of the budget. Commissioner Nabicht asked if Mayor Herzberg was looking for clarification about what is in the budget or is she looking to make additions or cuts. Mayor Herzberg replied she is looking for clarification and she is looking to actually, not necessarily add anything into the budget, but to really just look. Aside from personnel, what is being done with capital. What is being done with some of these capital projects. The Commission just got a lot of information today, just even regarding Deltona Water and the half million dollars in outstanding debt. Also, the fact that some of these departments have cut 10%, but she is looking at positions. The City just hired another social media person, but there are other City of Deltona Page 27 Printed on 9/8/2020 City Commission Minutes August 17, 2020 things that are not filled and she is just not clear on a lot of the numbers. Maybe she just needs to sit down with the manager herself and go over some of these things, but she is putting it out there that if anyone else wants to have another discussion, another workshop on the budget, that is there and if not we are fine. Commissioner Nabicht stated he is not against having another workshop, but in terms of positions, the manager has a very large list of approved open positions and it is up to him to fill those or not fill those. If he has or finds funding to fill a position, the position has already been justified. The director and him, that has all been vetted and the position goes on the books. If the Commission decides it does not want a Deputy City Manager position any more when a new City Manager is hired then the position is removed otherwise the position stays, but it is unfunded. There is a whole list of vacant positions and he is sure, at least in his mind, we cannot make a move on any of that until we get a pay study done. Mayor Herzberg stated that was her other question, when the pay study is done the companies bidding on it are supposed to do this by the end of August. She knows budget adjustments can be done, but when looking at a pay study we just took out the $400,000 that the last study put in for compression. It was not used for that, right and Interim City Manager Dr. Cooper replied the pay study did not put that in, that is what the Finance Director Camille Hooper, himself and the Human Resources Director Rich Adams sat down and came up with based on some of the information they could derive. Mayor Herzberg asked if a study is done how is that study funded? Commissioner Nabicht replied a budget adjustment would need to be done. Mayor Herzberg asked where the money is going to come from and Commissioner Nabicht replied the money is there. Interim City Manager Dr. Cooper stated earlier the Commission directed to put the money back in the budget. Mayor Herzberg stated is would be put back in some, but not in others which is why she said maybe it is just her that needs more clarification. She does not want to belabor this tonight and all she is asking if any of the Commission is interested in having another budget meeting. Commissioner Nabicht stated the money is there, it is just not line itemed out specifically for that so come January if a budget adjustment need to be made to move money in order to either give raises or fund positions that she feels are now mission critical the manager just does that. It is then brought to the Commission and if approved money is moved. The money is there, the Commission is setting the millage and the money is there whether it is dedicated or in a reserve some place. It is just not in a line item budget, the money is there to be able to move it over into that and the ability to axe something else, take it out, and use that to fund it if need be. It is better if it is in the budget than having to amend the budget. Not knowing what that pay study is going to be we got lucky. It is just like going to the 7.85 mills not knowing what the State was going to do and we got lucky, so far, that we are not going to get hit too God awful bad other than the fact that the City is operating on a 1% surplus unlike the normal 2%. Commissioner King stated that is all discussion for the next meeting. After discussion, the Commission concurred to have another budget meeting. Mayor Herzberg thanked the Commission and those people that stayed. 15. ADJOURNMENT: City of Deltona Page 28 Printed on 9/8/2020 City Commission Minutes August 17, 2020 There being no further business, the meeting adjourned at 10:56 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 29 Printed on 9/8/2020