City Commission - Regular Meeting

This time we're going to do the invocation and pledge and I will give it to Vice Mayor Avila-Vasquez to lead us into the invocation and the pledge.

Thank you, Mayor. Thank you for standing. I would like to introduce a new pastor in the city of Deltona. This is Pastor Ricky Sabala from Congregacion Cristiana Shalom. And I want to thank you for accepting my invitation to come here. Thank you. Everybody please hats off, or hats off, whatever. Thank you.

I would like to have post 255 start the Pledge of Allegiance, please. To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I'd like to ask my colleagues to join me at the Down at the bottom so I can acknowledge some veterans. Thank you. You know, during this campaign, I travel through a lot of areas of the city of Deltona. And I have come to meet more people that I knew before. But I found out that I didn't have to go very far from this room to learn about our residents and our friends that joi

You did hold that. This included working with state and federal law enforcement agencies and other military commands. Her last duty station brought her to Fleet Training Center at Mayport, Florida, where she taught Navy leadership and coordinated training for 14 instructors traveling to 11 military sites in the southeastern United States. Her personal awards include the Joint Service Commendation Medal, two Navy Commendation Medals, Joint Service Achievement Medals, Navy Achievement Medal, Joint Meritorious Unit Award, Meritorious Unit Commendation, five Navy Good Conduct, Good Conduct? Five N

Now we know where all that feisty comes from when she screams in the back of the room, right? Thank you again for your service. Now I want to call up Albert Arthur Kurt. Albert, who served 22 years and still serves with the David G. Ledgerwood American Legion Post 255. Thank you. Albert retired, no, Albert, gunnery sergeant? It's all abbreviated, you know, I'm trying to remember what I heard in my house. United States Marine, retired, served from 1969 through 1991. Al graduated from USMC Paris Island Boot Camp, been there, South Carolina, and was stationed at Marine Corps Station, Beaufort, So

City of Deltona, certificate of recognition, Albert Arthur Curt, Gunnery Sergeant, United States Marine Corps, retire in recognition of dedicated service, sacrifice, and commitment. Deep gratitude is extended for your contributions in defending and protecting our nation. We thank you for your service, sir. and welcome home. thank you again everyone for your service and anyone veteran here in the office thank you oh hold on a second what did you tell them

All right. This time we're going to go to additions and deletions. Commissioner Harriot and then Commissioner Novick.

Thank you, Mayor. I've got a couple additions and deletions. The first one, I'd like to add an item for discussion in reference to data centers. This was the item that I had requested at the last meeting for the attorneys and staff to bring back some information on, and we have since received that report, and so I'd like to have the discussion on that tonight and move forward. The second item is pertaining to what our two neighbors, Joe and Patty brought forth today. And I'd like to add this item for discussion as well for growing food in the right of way. And then the third one is a district

All right, Commissioner Novick. Before I speak, I think Commissioner Caldwell was trying to get a word in. He's on the phone.

Commissioner Caldwell, did you need to say something under additions or deletions?

I want to be assured that I'm going to get the same courtesy as the previous commissioner.

Commissioner Caldwell, give me one quick minute. Can we make sure we can hear him?

I want to be assured that I'm going to get the same courtesies as previous commissioners that zoomed in.

You will, and that's my apologies. I usually go to you first.

I have an addition I want to add. It's along the same lines as Harrods. I want to add a band on large scale data centers, 50,000 megawatts and up that require liquid cooling and a moratorium on a data centers, 49,999 megawatts or less.

All right. We're going to, we're going to go ahead and add that to eight B as in boy combined with commissioner Harriet's together.

All right, and for Harriet, your other, Commissioner Davison, your other item would be under 9B as in boy. Go ahead, Commissioner Novick.

He's going to have 8B as in boy, and then under action items, it'll be 9B.

All right, so that'll be 9B, and then the second request will be 9C. Is that how you want it?

Yes, thank you. There's an issue coming up with regards to the D-Ranch and some of the grants. funding for that, I'm not going to be able to attend that meeting and I'd like to know, you can make that? Okay. If we're okay with that, Commissioner Herriot will go ahead and bring that information back to us regarding the D Ranch. And then the second item that I have, we can either add it to the agenda or I can just get consensus right now. I'd like to get recognition for Pine Ridge High Schools junior rotc for their participation in the senior prom they did a phenomenal job last night stayed thro

Okay, we're good. Vice Mayor, you are on the board as well?

Yes, thank you, Mayor. So I don't know if it goes here or should reserve it for comments and report requests. But I don't remember if it was the last meeting or the meeting prior to that. We were told that at this meeting we would be voting on the vote ramp agreement with Engineers, I don't see it on the agenda. I don't know if it's now or wait for later.

Thank you. I'll have another comment at the end. Okay. Thank you. Thank you.

Commissioner Howington, additions or deletions?

I would like to get an item added to a future meeting, perhaps put it on a consent agenda. This is my third time asking. I would like to get a presentation on the ADA improvements the city has made. This is not specifically tied to any particular person, but what we have done to be in compliance with various state and federal regulations. I would like us to be able to tell our residents what we have been doing, Because I know that there has been action taken, but we have not received a report. And again, this is my third time asking, and I have yet to see it appear on an agenda for a consent i

That goes under your comments. We can do it under your comments. We're convoluting everything. We've got to keep the format of the meeting. All right. We're going to go ahead and keep moving. Just for clarification, Zach, the growing of the food is going to go under 8B because that does fall under ordinance, not action items.

I just want to make sure. All right. All right, we're going to go ahead and then move to presentation awards and reports. We have a presentation from Senator Tom Wright and Representative Webster Barnaby. If I can please have the city commission meet me at the floor and we will be receiving a check from them regarding a $1.25 million funding that was secured with assistance from both Senator Wright and Representative Barnaby for a water main replacement.

All right, thank you guys so much for your hard work. It means a lot. Thank you. All right, at this time we have a presentation update on the YMCA's offerings to the community. Right now. All right, Mr. Harriot, Commissioner Harriot.

Thank you, Mayor. I wanted to thank the YMCA and Sophia for coming tonight and sharing all the great things that they have throughout our community. Even as lastly as last night, we heard that from residents that there's a need in this community for swimming pools and activities for the seniors. And I'm so excited that you guys can share that you guys provide those, but not just for the seniors, but for everybody in our community. So thank you guys for coming.

Commissioner Colwell, do you have any comments?

All right. All right, thank you so much. At this time, we're going to go ahead and move to presentation from Family Health Source. No, got it. Presentation for the bike helmet ride into summer safety. Fair report by Dana McCool.

Commissioner Caldwell, do you have any questions? I do not.

Thank you, Mayor. I just wanted to thank Dana and the whole team that put that event together. That was bringing a lot of members of the community together from Volusia Flagler TPO to Bike Walk Central Florida, everybody that was listed. And it's great to see all those partnerships at work for our youth.

All right. Thank you. At this time, we're going to go to presentation from the Teresa Basin Flood Control Study by our Dura Group.

Commissioner Caldwell, do you have any questions? I actually have two, yes. Go ahead, please.

I was in previous conversation with city staff and city manager, what was originally called the Amboy Pump Station. I believe it's been changed to the Midway Pump Station. And the conversation was, moving the water midway through the Teresa Basin around the Newmark area out to our RIB sites. Was there any data performed on that?

Because I believe that would also give us some volume in our cup if we were to pump it into the RIB sites.

And my second question is, there's talks here in Deltona of... Raising road elevations and put culverts in a large place to divert water under the roads. To move it through faster to stop flooding. I believe is a theory. My question to you is, is by doing that on L, Kim Boulevard, raising that road. Increasing the flow of water coming into the lower lakes. We create other issues downstream.

Thank you. Commissioner Caldwell, commissioner Harriet.

Thank you mayor. Thank you Ben for showing, showing up to present tonight. I've got a few questions. As part of this study, did you guys look at where the water, the source of the water, as someone who has stood on Catalina Boulevard for two of our natural disasters, Hurricane Ian and Hurricane Milton, that water rushes very rapidly across that. So can you speak to where that water comes from?

What I'm trying to get to specifically is that the, the majority of that water that's rushing in across Catalina, that is not water that falls specifically in the city of Deltona, that the Deltona is, not dealing with appropriately a lot of that water that's rushing across el can or catalina being in the northeastern more most portion of the the basin coming from outside of the city into the city is that yes we are we are accounting for for flows then that are coming from the unincorporated county and and other cities in the northern part of the basin um and and quantifying yeah what's coming

Okay. And so I bring up those, those points primarily because. this i want to reiterate something that you said is that this has to be a partnership this is not something that deltona can fix on our own this this has to be a partnership and we have to work very closely and very well with st john's river and volusia county as we've seen on the presentation there both of the sites that have been presented are their sites and so i just want to stress that to the residents that are listening that this is not a deltona can go and fix this on our own the solution to this flooding is we have to work

My understanding is that both of those lakes kind of rise and fall together. They do. And that would that would lead to the fact that elevation of El Cam Boulevard would not impact or cause any additional impacts downstream, just specifically from that project, because as it is today, those two lakes mimic each other in terms of water level. So by increasing the connection between the two of them, we're not increasing adverse reactions downstream. Does that surmise?

Excellent. And then have we looked into or do we have the data to identify the pollutant load within the Teresa Basin versus the overall impact? middle st john's b map area to specifically what i'm getting at is how much difference is the water quality within the theresa basin versus the middle st john's b map and what level of nutrient reduction would be required prior to discharge we again we do have uh water quality data uh for the lakes uh that would be pumping out of and when if you know for

Thank you for that explanation. The, um, also have there been, have you guys looked at the data in terms of the four B site? Because I know that, a main component of that 4B site project is to pull surface water off of Lake Monroe, clean it to a drinking water standard in terms of reducing that nutrient load that would also provide credits for stormwater releases in other ways. So does that, is that taken into effect?

Okay. And then my last question, I promise it's the last one. Having experienced the Orlando Wetland Park over off of Highway 50 along the St. Johns, is there an opportunity where we could develop some sort of wetland-type filtration system where we could, in turn, clean our stormwater before it leaves the city, but also turn it into a recreational opportunity for our residents?

Yeah, absolutely. Thank you for bringing up that last little piece about other funding options, because that's a very important key there. Thank you for your presentation. Absolutely.

Ben, I just have one question. When you guys were doing the study, did you guys take into account the speed of where one of our lakes gets lowered? And on the northern side, it takes it a lot longer to get lowered. Did we take that into account?

Because one of the biggest problems that I saw we were having is while we have the weir open, the water is obviously, the lakes are draining down, but some of the folks are experiencing the water going up, and that starts becoming a big problem. I mean, it affects property, as you might know, but I want to make sure that in this study that we're doing, or we finished or concluded, that that has been taken into account, that while we're draining some of the water out, it's kind of being done evenly across the chain of lakes, or at least to the ones that we know are affected the most.

Especially around the Cortland area, you'll see people, it'll take over a week for, while the people closer to Lake Monroe, they're seeing the waters go down quickly, but the other folks are, they're like, it's been a week and it hasn't even gone down an inch. Yep. So it's really troubling, and obviously we can say all day until we're blue in the face that we're doing it, we're doing it, but they're not seeing it. And like I said, in many cases, they were seeing the water levels go up. So that's a big concern, and obviously with some of the models that you showed, they'll be able to drain some

Thank you, Mayor. So you talked about 2019 part of your study. There was a significant study done after the 04 hurricanes. Several projects were identified by Mr. Rod Cash, I think he was with CPH at the time. Tetra Tech, yeah. And we have yet to implement several of those projects. This commission, past commission, when I was on the commission before, we didn't have the will to generate the funds to address some of those smaller projects. There's a couple of different phases of flooding, I think, that we need to talk about. There's some of the day-to-day flooding, the more routine flooding, a

All right. Commissioner Caldwell, do you want to say anything on the second turn? If not, I'm going to go to Commissioner Harriot, and then we're going to move on.

Yeah, I had my hand raised. I guess you can't see that. My question is, when the study poses that we pump water out towards the deep creek area for storage and eventually into the deep creek, have we looked beyond that? What it will do to folks downstream from there? Or did our study stop at the point where we store it?

THE OTHER THING IS TO HARRIET'S POINT THERE, THE LAKE LEVELS IN BELTONA, THEY RISE TOGETHER AND THEY LOWER TOGETHER DURING NATURAL CONDITIONS. WHAT MY POINT WAS TO THE LCAM RAISING THE LCAM WAS DURING STORM CONDITIONS, WHEN WE GET AN INFLUX OF WATER COMING FROM THE NORTH. The El Cam was a natural dam. It stopped the flow, slowed the flow down. My concern is by elevating that and putting pipes underneath there, are we creating a bigger issue downstream? That's all I have to say about that.

Commissioner Harriot and then Commissioner Novick, and then we're going to, if nobody else hasn't spoken, then we're going to move on.

Thank you, Mayor. I just, two things, or three things. The first is that I know that we've talked a lot about water conveyance between the lakes. There was a plan put in place, I believe, in the mid to late 2010s that was the Blue Ways Trail, and I'd like to ask staff to bring that back as a possibility to include recreational opportunities, but also increase the capacity at the same time between lakes so that we can help move water throughout the basin quicker, but also provide that recreational opportunity, which, as you've mentioned before, opens up additional funding opportunities. And the

Which project are you referring to? Are we still talking about the water or are we still talking about the bridge? I hit the button.

The consensus would be to direct staff to update the 2019 stormwater master plan.

Do you want to make a consensus on that? Is everybody up here okay with that? Do you want to wait until the next budget or do you want to do it this way?

Commissioner Novick and then Commissioner Howington.

Thank you. Robin, I'd like to see what we can do budget-wise to start that process, what kind of funds that's going to take, so if you can bring that back as part of retooling?

Let's take returns. You still got Commissioner?

I think we're at a conversation standpoint with this topic. So if we can be a little conversational.

And then the original idea behind beginning in fiscal year 27 is that we're two months away from the end of the fiscal year. And it's going to take them a couple weeks to prepare the documents and figure out an estimate and work through it. And then it's going to take some time to move it forward to the next step. So if we could just have staff work on it and plan it to begin it at the beginning of fiscal year 27, that would be ideal. Let's just see what we can do.

I think we need to have a much more detailed and in-depth conversation regarding this report. I think we need to look at what other options we may have available in terms of mid-basin and regional stuff. At one time, on the potable water side, there was a water alliance do we still have we still have the water alliance so maybe we need to look at mayor moving forward with some kind of a regional stormwater alliance and and see see what input we can get with other partners we're working on something with uh the county uh mayor of daytona beach shores and i sit on that stormwater committee so we

The idea of the stormwater master plan is to address, is to update that plan that you spoke about that was last updated in 2019 with those smaller projects that are focused on the street level within that localized flooding that typically comes from just a large afternoon storm.

Right. And that will give some residents some relief and we'll see some improvement and we will save money on roads having debris resurfaced and ground up and pulled up and base put down, that's a different level than getting it out to the St. John's with $30 million worth of pumps and pipe. Absolutely.

Can we get consensus for that stormwater master plan there?

All right, let's hear from Commissioner Howington first and we'll come back to that. Commissioner Howington, she's been waiting.

Thank you. Did the study look into dredging the existing lakes?

Ben, if you can click on your microphone.

So what are we looking at with that? Because we have a lot of lakes that have trees, other things in them. It's obviously displacing water.

Okay, thank you. And this may be more for staff. Do we have a regular maintenance schedule for the conveyances? How frequently do we clean them?

Ms. Wallace, can you make sure you go to the mic?

Do we have any recommendations for what the best way of reporting that is? Because I know that I receive lots of calls, as I'm sure my colleagues do as well, when people notice that they have vegetation growing in their stormwater system. And frankly, I've been a little afraid to bring things forward because I would be accused of trying to help friends.

All right. Commissioner Harriot, do you want to go with your request? You can turn on your.

Yeah, my request was just for the commission to provide consensus and direction or consensus to direct staff to update the 2019 stormwater master plan. and begin on it as quickly as possible, understanding that it's going to take more than two months.

That's to include what they have so far, right?

No, this is completely separate from Ardura.

All right. To make this very simple, all those in favor? Aye. Aye. All those opposed?

Question. And this is for the next, not to be included in this budget, right? The next quarter?

Probably second quarter of next year, right? Okay, all right. Commissioner Caldwell, before we go, anything else? All right, thank you, Ben, so much for your time. Thank you. All right, community events. Next time we have something like that, can we make sure that that is the bulk of our agenda? Because that's an important item.

Okay, please. No, okay. All right, consent agenda items. If there's Commissioner Herriot.

I'd just like to make a motion to approve the consent agenda items.

Senator, I got a call. Yeah, I just thought you wanted to remove. Commissioner Caldwell, is there anything on the consent agenda?

E as in Edward, sorry. Okay. Okay. All right, seeing that nobody else is, Commissioner Howington.

I'd like to pull B and C. B as in boy, C as in Charlie.

We have B, C, and E. To pull D as in dog.

Okay. All right, we're gonna pull all of them except F. And A. All right, is there any public comment for the consent agenda item?

Ms. White, if you could turn on your podium. Oh, there you go.

Item A and E, or sorry, A and F is in Frank. A does need to be amended?

Yes. Okay, needs to be amended in section 10, city attorney comments. The commission concurred to have legal record an affidavit. For errors to correct the release of liens?

So it just needs to be corrected to a consensus. Would you like to make that motion? To be clear, we're making a motion on A and F. Correct.

I'll make a motion to approve A and F. With the added amendments, correct?

Correct. with the added amendments to, well, you were talking about E. No, I was talking about A, which is a request for the minutes for the regular commission meeting of August 3rd. It needed to be amended from a motion to a consensus. Got it. Vice Mayor Avila Vasquez.

All right, motion passes for 7A and F is in Frank. All right, Commissioner Howington, you brought up B, request for approval resolution number 2026-74.

Yes, thank you. I would like to not see these as part of consent because I think our residents should have a little bit more time to speak on budgetary items. And I agree with everything that Brandy White said. This little two-page document that we get just doesn't really cut it as far as giving us information. If we receive a grant or something that increases the revenue coming into the city, we should know that. We should be able to see that when we're going from $344 million to $356 million, that we know what that is. Right now, it just looks like we're adding a bunch of fluff that we have

I appreciate that explanation because again, we get asked. So it's nice to have that come directly from the city. Thank you. All right, are you done, Commissioner?

Okay, Commissioner Colwell, did you want to make a motion?

I do, I want to make a motion to table this for the next meeting. Senator can be there to answer some questions. He is the one that presented this and signed off on it.

Who? We're talking about B as in boy. We're talking about the budget, correct?

I want to table it because I have several questions and I want to ask the city manager directly.

All right, there's a motion to table. Is there a second? Commissioner Arlington wants to second it. All right, if we can vote.

The motion fails. Is there another motion on the floor? Hold on.

I make a motion to approve resolution number 2026-74 third quarter budget amendment for fiscal year 2025-2026.

It's a motion by Commissioner Nobick. Is there a second?

I'll second, but I'd also like to point out that we've had this agenda for the better part of a week now and staff is here. The CFO, the deputy city manager are both here to answer any questions that need to be asked. There's nothing on this budget amendment that is know vanity per se with you know we've got uh fire safety manager retirement payouts we've got pfos settlement proceeds we've got we've got uh stormwater study uh transfers from the stormwater fund to the capital improvements fund um there's this is a lot of just proper accounting uh treatment adjustments this isn't uh you know mov

All right, there's a motion and a second. Can you please go for the vote?

I'm gonna make a motion to amend the budget amendment to approve the transfer of funds related to the Lake Windsor-Force, Maine project and the SCADA project that was approved at the last meeting so that we don't forego those funds and have to return those.

before I second it, Mr. McKinney, how much money is that? If we don't transfer that tonight, how much do we stand to lose?

So if we don't move this tonight, we lose $2 million?

All right, there's a motion and a second. Will you please vote? Commissioner Caldwell?

All right. Commissioner Howington, we're going to you for C, request for approval of resolution number 2026-53. Thank you. Hold on.

Thank you. I had some questions about the development review changes that are happening in the fee schedule. Okay.

Can you just walk us through what those changes are and why?

In general, what's happening, because there's a whole section that's changing, so it's kind of a holistic view of what's happening here. So broad base, Jordan.

So we're not eliminating fees or anything?

Okay. That was just something I wanted to confirm. I think that was the only question that I had probably for you. The other one was, as we all saw, and I hate to bring this up, but the Christmas parade and creating fees. Okay. There's a statement that allows fees to be created outside of the commission. However, when that happens, then the commission has to answer for those fees that are created. And so I would like for us to consider the possibility of removing the section about creating new fees without coming to the commission first, since we're the ones that have to answer for those new f

Let's see, there's a section that talks about the Parks and Recreation Director may, with the city manager approval, adjust the above rates, which is just tied to the rates above. But then there's a section below that allows the city manager to create a new program fees necessary related to Parks and Rec. And as we saw with the Christmas parade, We went from having a toy donation to having a required fee of $75 that the city commission did not approve, but yet we were the ones that the community came to us to complain when the schools were having to pay that fee.

and again those fee resolutions really at quarterly time is when we look at those okay so we do look at that four times a year if there's a need to and there are changes right but unfortunately as we saw earlier in december this created a community issue and again we who sit up here are having to answer for that And I think that that is a concern. If we have to approve all of the fees, we shouldn't be approving them after the fact. Especially when in that instance, I was specifically told that the city manager was unaware of that new fee being created. So I think that we should probably have a

Just for clarification, they add the fee, and then it still has to come before us to approve that fee. Is that correct?

All right. Commissioner Howington, do you want to make your motion so we can move forward? Go ahead, Vice Mayor.

Thank you. I'm just trying to understand what do you mean when you say market fee? I mean, how do you determine a market fee on a Christmas parade? I'm just trying to understand where we're going with all these, because there's a whole bunch of market fees description.

So you're actually comparing the other neighborhood events

Quick point of order, I'm sorry. Can I get somebody to make a motion and a second to extend the meeting at least 15 minutes? So moved. I just said so moved. Commissioner Davidson, please. Commissioner Caldwell, we're going to go to you first. You want to make the motion and I'll let Vice Mayor Avila Vasquez to be the second. All those in favor? Aye. Aye. All those opposed? All right. Five in favor, one in support.

Thank you. I just have one more question. Are we still going to waive fees for certain organizations?

Okay, I read that one. I was just referring to the parade, but I guess it works the same way, right?

Commissioner Harrington, do you want to go ahead and finish off? And then Commissioner Harriot is... No, we need to move forward. All right.

I move to approve resolution number 2026-53 with an amendment to the special event permit and fees that requires the new program fees to be brought before the commission before it is implemented.

Motion by Commissioner Howington. I second. There's a second by Commissioner Caldwell. Vice Mayor, did you want to say something? All right. Can we please vote? Go ahead, Commissioner Novick.

Before what is implemented, the program or the fee? Before the fee is implemented, not the program. Okay. Okay.

This time we're going to go to Section 7D as in David, a request for approval of resolution number 2026-70. Vice Mayor Villalbascos.

Thank you, Mayor. I have a question for Mr. Manning. Somebody. called and asked me a couple of questions about this turf. Yes, ma'am. They wanted to know how safe and did the city do any investigation on how safe this turf is to their animals, especially their paws. What they were saying is that if the temperature is say 90, The turf is 120 because of the rubber underneath. That was one thing. The other thing they mentioned was about the urine and the feces that stays in the turf. What are we planning to do to keep that clean so that the animals do not get infected?

Okay, I think they're gonna be very happy because they were very concerned about, you know, the heat on the pools and stuff like that. But thank you very much for the answer and clarification. Sure.

Commissioner Caldwell, would you like to make a motion and then I'll go to the Vice Mayor who's...

Commissioner Caldwell, you want to take a jab at it or you want to let Vice Mayor Avila Vasquez try?

Thank you very much. So I make a motion to approve the ECHO grant for this project, which is D, let me just go back to it. Yeah, here it is. The turf for the award builders of, wait a minute. to install synthetic turf at Keysville Dog Park. Did you get that, Joyce? So it's like two items in one. The echo, just the echo.

I think Zach wants to tell the Vice Mayor how to say it.

So moved by Vice Mayor Avila Vasquez, seconded by Commissioner Caldwell. Can we please, Commissioner Novick, your, okay, can we please vote?

All right. Next, we're going to go to Commissioner Caldwell, a request for approval of Resolution Number 2026-75, authorizing the city attorney to prosecute civil citations.

Yes, I have a question for the attorneys. By authorizing this, I use an example, the foreclosure that we voted on recently on Fort Smith Boulevard. If we approve this, would those items like that not come back to us?

Commissioner Caldwell, would you like to make a motion?

Is there a second? Commissioner Harriot makes a second. You're also on the, you're good.

No, we're good. I just wanted to make a second. Okay.

All right. Next, we're going to go to 8. A is an alpha. If I can please have the city attorney read that.

All right, before we go to public comment, Commissioner Caldwell, would you like to make a motion? Commissioner Caldwell? I'll make a motion. I'm sorry, I'll make a motion to approve. All right, there's a motion by Commissioner Caldwell, second by Commissioner Herriot. Can we go to public comment and then I'll go to Commissioner, okay.

I'll be real quick. I want to thank staff for bringing this up to us so quickly. This was something that was asked for three meetings ago, four meetings ago, and they worked very diligently and brought this. We're at second reading, and so this is final adoption. And thank you guys very much. And we've heard this from the community many times that this is a tool in the toolbox to help address the feral cat problem.

Thank you. I just wanted to get some clarification from legal. I think that this is a great ordinance is something that we definitely need in the community. But I just want to confirm because I know the state has A statute that creates a misdemeanor for animal abandonment and it has a maximum fine of $5,000 and ours escalates to $7,500. And I'm just trying to confirm that we're not doing anything that is out of alignment with the state of Florida or what we're allowed to do.

Perfect, thank you. And how about enforcement? How is this enforced?

Has there been any discussion at this point with the sheriff just because it is a misdemeanor crime? And so given that it is actually a misdemeanor, can we possibly partner with the sheriff's department when these situations arise?

Passes 6-0. At this time, we're going to go to nine action items. If I can please have the city attorney read the action item.

Commissioner Colwell, would you like to do the motion before we go to public comment?

All right. Is there a second? Commissioner Novick, would you like to second?

I second the motion to suspend the enforcement of the age restriction portion of ordinance number 02-2026.

Thank you. Is there any public comment? Kathy Bryan, please. And Commissioner Novick, I'll come back to you.

All right. Point of order. I need another motion and a second for the final 15 minute extension. Hold on. Go ahead.

I'll make a motion to extend the meeting until we get through 9C, which the residents in their back are here for.

All right, there's a motion by Commissioner Herriot. Is there a second? Second. Second by Commissioner Caldwell. All right, Vice Mayor, you wanted to say something. Go ahead.

Yes, I have a comment. Going back to nine.

I apologize, it has been a long night. Could we, a simple majority, all those in favor? Aye. Aye, all those opposed? Okay.

Okay, just to make a comment on when we did the motion on item 9A, I had mentioned that I would vote in favor of it as long as it went through the Ordinance Review Committee and also discuss maybe some kind of discussion with VSO. So I'm still hoping that we follow through on that.

Thank you. All right. We're going to go ahead and call the vote. Can we please call the roll? Commissioner Caldwell? Yes.

All right. This time we're going to go to 9B, which is regarding data centers. Do you want to try and take a jab at how you want to word this, Mr. Goode?

This is more of a just in case type of. Are you okay with that, Commissioner Caldwell, adding all data centers instead of specific ones?

No, I would like to have a ban on anything 50,000 megawatts.

So you want just specific or you're okay with doing a ban on all data centers?

No, we can do a moratorium on anything 99 is the low.

I will accept that. OK. Commissioner Herriot, are you OK with that? Your time is yours now.

Yes. So just to reiterate, we're talking about a moratorium for 12 months on all data centers regardless of size. Yes, that's what I was wanting this evening. I recognize that we could be a little bit more restrictive on the mega-sized data centers, but the reality of it is that there is not room in the city of Deltona for these mega-sized data centers. My largest concern for today is that We have data centers that are the smaller scale data centers that can come in and pop up in any of our industrial or commercial areas and impact the residents and the neighbors that live next door to them. I

I'll make a motion to approve a 12-month moratorium on all data centers regardless of size.

Commissioner Caldwell, would you like to do the second? All right. Before Commissioner comments, is there any public comment? No. All right. Commissioner Howington.

Thank you. I just want to confirm that because this is something that is not currently allowed within our code, and I assume it was that way as of August 1st, that that would eliminate any risk with SB 180.

Okay, and that's your stance. I just was concerned because I know that notwithstanding is not in there and it does not supersede SB 180. So I just wanted to get clarification. So from legal, we are getting the guidance that we will not be violating SB 180 to incorporate this moratorium.

Okay, thank you so much. All right, let's go ahead and call for the vote.

All right. And 9C, Commissioner Harriot, I'll go to you directly because this was your request.

Thank you, Mayor. On Friday, I had the pleasure of meeting some of my neighbors, Patty and Joe, who spoke during public comment.

You want to come to the podium while he's speaking?

Comment today. On my way to the Deltona Battle of the Boulevard game, I intended on just a quick drive by to see what their yard looked like. And they were outside with their neighbor that actually ended up calling me. And we stopped and said hi. And they are not exaggerating. The hour that we were standing in front of their yard, every single neighbor that drove by stopped and waved. Every single kid that came by stopped and was just having a very cheerful time. It is definitely an asset to the community. So with that being said, I would like to get consensus to hold in abeyance any violation

And and I want to make one thing additionally clear is that there was concern with the mulch that they used to mulch their their plantings. That mulch is an integral part of their garden structure in terms of maintaining moisture within the soil and that microbial health. And so I want to make sure that it is very clear that that mulch is part of the garden and it is not. There are no additional violations related to that specifically. and that when we review this ordinance, it is with the intent of allowing- Point of order, Commissioner Harry.

I don't mean to stop you. Can we move on, so move on his request, and then we can add all that other stuff?

I'm not- What we're doing is we're stopping them from getting everything removed.

Plantings and ground cover. So moved, amended to add ground cover.

All right, is there a second? And then I'll move to questions. There's a second by Commissioner Howington. Is there any public comment? No public comment. All right, I'm gonna go to Vice Mayor first, and then I have a question, and then I'll go back to you.

Thank you, Mayor. I have a question, and I know that this is something that's going to be welcomed among neighbors, but do we have the code enforcement or involving this? Do they know about this? Are they okay with this? Are we not breaking their rules?

Okay, thank you. We want to work with the residents, but we also want to be sure that we're not overstepping on our department's codes and stuff like that. So I'm glad that you guys are going to work together.

You're good? All right, so I do have a question. Is this garden in front of her house or is it on the actual right-of-way? It's on the right-of-way. So the only reason I ask that is because you know there's a state statute, she is allowed to grow vegetables, regardless of what the city says, in front of their property, that that passed several years ago.

Okay, so it's the right-of-way. All right, can we make sure that this is a case-per-case, because the last thing, this is not on you, we don't want people to just start growing vegetables in our swales that are supposed to be making sure the stormwater is running through.

all right i just wanted to make sure that we are not giving the green light for people to start growing gardens in urswell's commissioner harriet did you want you're on the so there there's also um a second piece of this that is

in addition to holding their cases in abeyance. It is directing staff to review the ordinance. There are many examples of ordinances across the state of Florida that do allow for vegetable production and fruit production within the right-of-way, and specifically using these holistic and organic type of practices that they use. And it's very, very clear when you go and visit their property, and I encourage everybody to do so, there's no washouts anywhere on the front side of their property whatsoever they actually have a better swale shape than just about all of their neighbors even with the mu

Got it. I just want to make sure, and Zach can correct me if I'm wrong, there is a state law that allows them, aside from the right-of-way, that allows them to grow vegetables or fruits in front of their house. Yes.

All right. And theirs looks really good. Seriously, guys, everybody should go and take a look at it.

I'm going to go ahead and call for the vote. Did you want to say something? Hold on.

Mayor, I want to be clear. This is just for this particular... Just this property.

I'm concerned because Commissioner Herriot said fruit. Well, that requires a tree.

So apples, oranges. Unless it's a watermelon. Watermelon, cantaloupes.

We are going to have some restrictions, is that correct?

All right, Commissioner Nobby, do you want to say something? Because they called for the vote. All right, can we please vote?

All right, motion passes and the meeting's adjourned.

We're not going to do commissioner comments?