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City Commission

Regular Meeting

Deltona, FL · June 15, 2020

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, June 15, 2020 6:30 PM Deltona Commission Chambers ****PUBLIC COMMENT NOTICE SEE ATTACHED**** 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. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg Interim City Manager Cooper City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Avila-Vazquez. Commissioner Avila-Vazquez introduced Pastor Charles Russell of the Cries in The Wild Ministries, Daytona Beach and a member of Volusia Youth Group Organization Coalition, 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 May 18, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Mayor Herzberg stated before the Commission moves forward with the approval of minutes she would like to let everyone know there is an ADD-ON Item under New Business, Item City of Deltona Page 1 Printed on 7/20/2020 City Commission Minutes June 15, 2020 8-B. Commissioner McFall tendered his resignation today and this item will be to discuss that, the timeline and the future of appointing someone for the remainder of the term. Motion by Vice Mayor Ramos, seconded by Commissioner Nabicht, to approve the minutes of the Regular Commission Meeting of May 18, 2020 as presented. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg 5. PRESENTATIONS/AWARDS/REPORTS: A. FY 2018/2019 Annual Audit Presentation: Comprehensive Annual Financial Report for the Year Ended September 30, 2019 -Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources and promote an effective system of checks and balances Finance Director Camille Hooper introduced Tim Westgate, Audit Partner, and Lori Walker, In Charge Auditor, with Purvis, Gray & Company who made a presentation of the City’s Comprehensive Annual Financial Report (CAFR) for the year ending September 30, 2019. B. Budget kickoff presentation for fiscal year 2020-2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintaining a Balanced Budget Finance Director Camille Hooper gave a presentation on the kickoff of the budget preparation for fiscal year 2020-2021 to include the status of fiscal year 2019-2020 to date, issues for consideration in the new fiscal year and discussion of Commission priorities. Vice Mayor Ramos asked as it relates to reserves, what percentage does that reflect from the actual budget and Ms. Hooper replied 16.6% of revenues and the natural disaster reserve is 15%. Commissioner Bradford stated a 60 day reserve is nothing and she suggested having a 90 day reserve. She asked if the biggest impacts from the pandemic would be FY 2021-2022 and Ms. Hooper replied correct. Commissioner Bradford asked if the cut that is going to be made is enough and Ms. Hooper replied that is one strategy, there are other things that can be done. She has run different numbers on different scenarios of other things that can be done, but obviously staff will do what it has to do to keep the City a float. Cutting the discretionary budget is just one tool and postponing capital projects is another, but those projects will cost more in the future to do. Commissioner Bradford asked on Page 33 the City of Deltona Page 2 Printed on 7/20/2020 City Commission Minutes June 15, 2020 projected revenues through December 30th, has staff received the June/July report to show the sales tax and Ms. Hooper replied no, the May payments came in at the very end of May. Commissioner Bradford asked if this was prior to the stimulus checks going out and Ms. Hooper replied yes, this report shows about half a months worth of impact. Commissioner Bradford asked for an updated report in the next quarter and Ms. Hooper replied yes. Mayor Herzberg stated the budget hearing would be around the second week of July and another update can be provided then. Ms. Hooper replied correct, staff should have at least one more months worth of data by then. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 02-2020 amending the Code of Ordinances Subpart B, Land Development Code Chapter 110, Article XII “Planning and Zoning Board” at second and final reading - Ron A. Paradise, Interim Deputy City Manager/Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and External Communication Mayor Herzberg asked if anything had changed since the first hearing and Planning and Development Services Director Ron Paradise replied no. Motion by Vice Mayor Ramos, seconded by Commissioner Avila-Vazquez, to approve Ordinance No. 02-2020, amending the Code of Ordinances Subpart B, Land Development Code Chapter 110, Article XII "Planning and Zoning Board" by adding, revising, and deleting certain provisions at second and final reading. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate such 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 City Attorney read the title of Ordinance No. 02-2020 for the record. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, AMENDING ARTICLE XII. - PLANNING AND ZONING BOARD; CHAPTER 110, OF THE CODE OF ORDINANCES, CITY OF DELTONA, FLORIDA PERTAINING TO THE OPERATION AND STRUCTURE OF THE PLANNING AND ZONING BOARD; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. The motion carried by the following vote: City of Deltona Page 3 Printed on 7/20/2020 City Commission Minutes June 15, 2020 For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Ordinance No. 02-2020 was approved at 7:15 p.m. B. Public Hearing - Resolution No. 2020-24, Establishing the Preliminary Annual Rate Resolution - Streetlighting Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg asked if these were the standard multiple streetlighting districts and their rates set individually and Finance Director Camille Hooper replied correct, none of them changed. Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to approve Resolution No. 2020-24, adopting the proposed rate for Streetlighting Assessments for FY 2020/2021. Approval authorizes the necessary 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. Commissioner Bradford asked where staff comes up with the assessment rates per parcel and Ms. Hooper replied it is based on cost reimbursement. Commissioner Bradford asked why Kensington Estates rates were higher than Antoinette Street and Ms. Hooper replied they may have different types of lights or needed more repairs. Commissioner Nabicht stated Kensington Estates has an upgraded style of lights, it is not a standard streetlight. Commissioner Bradford asked if staff has approached or encouraged the districts to use different lights to reduce their cost. Mayor Herzberg stated this is what the individual street lighting districts agreed to, the number of lights, the type of lights and the maintenance and Ms. Hooper replied she believed so. Mayor Herzberg asked who maintains the street lighting districts and Interim City Manager Dr. Cooper replied if he is not mistaken by the City, but the City recoups the cost through the street lighting district. Mayor Herzberg suggested for the future to look into if different bulbs would make a difference in energy reduction and bring a report back what the type of bulbs being used and is the City doing as many energy efficient things as possible. Commissioner Avila-Vazquez asked if the City normally ask the resident what they want or does the City determine the type of lighting for that area? In the private areas that are gated is the City still responsible for the lighting? City of Deltona Page 4 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Mayor Herzberg stated the residents in that area are paying for a street lighting district. If a group of people in an area want a street lighting district they get together to determine the types of lights, the lumens, etc. and the City provides them a cost which is divided up between each resident within that street lighting district. Commissioner Nabicht stated the City is just a pass through. Mayor Herzberg opened and closed the public hearing as there were none. The City Attorney read the title of Resolution No. 2020-24 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; GENERALLY DESCRIBING THE SERVICES, FACILITIES OR PROGRAMS TO BE PROVIDED; ESTIMATING THE COST TO BE ASSESSED FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING A PUBLIC HEARING; DIRECTING THE ROLL BE UPDATED AND NOTICE PROVIDED WHERE REQUIRED; DIRECTING AND AUTHORIZING ADDITIONAL OR SUPPLEMENTAL NOTICE; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2020-24 was approved at 7:21 p.m. C. Public Hearing - Resolution No. 2020-25, Establishing the Preliminary Annual Rate Resolution - Stormwater Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg stated this also stays the same, correct and Finance Director Camille Hooper replied yes. Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor Ramos, to approval Resolution No. 2020-25, Preliminary Rate Resolution for Stormwater Utility Assessments for FY 2020/2021 at the rate of $128.00 per Equivalent Residential Unit (ERU). Approval authorizes the necessary 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. City of Deltona Page 5 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Mayor Herzberg opened and closed the public hearing as there were none. The City Attorney read the title of Resolution No. 2020-25 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; GENERALLY DESCRIBING THE SERVICES, FACILITIES OR PROGRAMS TO BE PROVIDED; ESTIMATING THE COST TO BE ASSESSED FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING A PUBLIC HEARING; DIRECTING THE ROLL BE UPDATED AND NOTICE PROVIDED WHERE REQUIRED; DIRECTING AND AUTHORIZING ADDITIONAL OR SUPPLEMENTAL NOTICE; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2020-25 was approved at 7:23 p.m. D. Public Hearing - Resolution No. 2020-26, Establishing the Preliminary Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues. Finance Director Camille Hooper stated this is also unchanged from last year. Commissioner Nabicht asked if there are any staff reports regarding the effectiveness of the program and Interim City Manager Dr. Cooper replied the last report he received is that it is in a maintenance state, but he will provide a more detailed report to the Commission. Motion by Commissioner Nabicht, seconded by Commissioner Avila-Vazquez, to approval Resolution No. 2020-26, Establishing Preliminary Assessment Rate Resolution - Aquatic Weed Control Services Assessments for the Lake McGarity Special Assessment District for FY 2020/2021 at the rate of $134.15 per assessed parcel. Approval of this item authorizes the necessary 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. City of Deltona Page 6 Printed on 7/20/2020 City Commission Minutes June 15, 2020 The City Attorney read the title of Resolution No. 2020-26 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA PERTAINING TO THE PROVISION OF AQUATIC WEED CONTROL SERVICES ("SERVICES") FOR LAKE McGARITY; GENERALLY DESCRIBING THE SERVICES TO BE PROVIDED; ESTIMATING THE COST TO BE ASSESSED FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING A PUBLIC HEARING; DIRECTING THE ROLL BE UPDATED AND NOTICE PROVIDED WHERE REQUIRED; DIRECTING AND AUTHORIZING ADDITIONAL OR SUPPLEMENTAL NOTICE; AND PROVIDING AN. EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2020-26 was approved at 7:25 p.m. E. Public Hearing - Resolution No. 2020-27, Establishing the Preliminary Annual Rate of Assessment for Solid Waste Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg opened and closed the public hearing as there were none. Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve Resolution No. 2020-27, establishing the Preliminary Annual Rate of Assessment for Solid Waste Services at a rate of $202.80 per Equivalent Residential Unit (ERU) for FY 2020/2021. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. The City Attorney read the title of Resolution No. 2020-27 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; GENERALLY DESCRIBING THE SERVICES, FACILITIES OR PROGRAMS TO BE PROVIDED; ESTIMATING THE COST TO BE ASSESSED FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING A PUBLIC HEARING; DIRECTING THE ROLL BE UPDATED AND NOTICE PROVIDED WHERE REQUIRED; City of Deltona Page 7 Printed on 7/20/2020 City Commission Minutes June 15, 2020 DIRECTING AND AUTHORIZING ADDITIONAL OR SUPPLEMENTAL NOTICE; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2020-27 was approved at 7:27 p.m. 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Request For Proposal for the recruitment of a City Manager for the City of Deltona. - Dr. Marc-Antonie Cooper, Interim City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication Mayor Herzberg asked if this was just the Request For Proposal (RFP) for the recruitment firm and Interim City Manager Dr. Cooper replied yes, this is the RFP going out for a recruitment firm to come in and speak with the Commission about what they will be looking for in the next City Manager. This is not the actual selection or the actual posting for the City Manager, this is just the firm. Commissioner Avila-Vazquez asked how much this is going to cost and Mayor Herzberg replied there is a budgeted amount of $25,000. Interim City Manager Dr. Cooper replied correct, but some companies have said that they could come back as high as $50,000. Commissioner Nabicht stated that is the advertising number, around $50,000 and that is the beginning of the process. It does not include the hiring, negotiating, moving expenses, and bringing somebody in that the Commission does not know to interview and take that person for a test run for a year or two. He questioned whether going through all that expense is necessary, at this point. He thinks the Commission needs to take a hard look at what it expects to get out of the process because the Commission knows what it has with Dr. Cooper. The Commission has been test driving Dr. Cooper for the last several months and he has gotten numerous calls from staff who are happy with the way things are going. He does not know about the rest of the Commission, but he has been pretty happy with the way things are going. So he is wondering, if the Commission really wants to go through this exercise and this process now based upon some of the information provided by Ms. Hooper. To spend $100,000 or $150,000 to move an unknown individual into a leadership role here and take that person for a test drive only to find out that maybe a year or so down the road the Commission was not real happy with that. What he has seen and the conversations he has had with Dr. Cooper regarding the preliminary budget discussions, the philosophy that he has with it, and where the City is heading, he is happy with that. He City of Deltona Page 8 Printed on 7/20/2020 City Commission Minutes June 15, 2020 proposed the Commission save that money, appoint Dr. Cooper, and if the Commission is not happy with him down the road he can be terminated. Unless somebody has a problem with what he has been doing or has an expectation or an idea of that they want to share with the rest of the Commission on what more the Commission expects to find. He questioned if the Commission really wanted to go through the expense only to maybe have to do it again in another year or two years. He questioned if it is justified to spend the money and his position is no. Dr. Cooper has said that he intends on applying for the City Manager position, but he does not know if anyone has a serious discussion about it full time. Staff is happy, several of the citizens are happy, projects are moving forward, and budget management is in place. Again, he questioned what the Commission expects to find by spending $50,000 to $150,000 of taxpayers money and he wanted to hear from the rest of the Commission. So before the Commission goes too far down the road and wastes too much of staffs’ time, the Commission needs to ask itself what its expectation, above Dr. Cooper, that it expects to find. He asked each of the Commission to consider what he has said between now and the time of the actual posting. If the Commission thinks it is going to get off cheap with a new City Manager coming in here, you're not. Commissioner Bradford stated yes, she thinks it is worth the weight goal. She thinks Dr. Cooper is a great guy, but what the City needs is a very experienced City Manager. She asked specific questions when the pandemic happened that she got totally different answers to from the City Attorney at the last meeting. There are many things she has asked and she got answers to certain thing almost like a mom saying “because I said so” or “yes, she has checked on it” and then she finds out that was not the case. So she is not 100% happy with the experience and she thinks that is what comes with experience or her answers comes with experience. Deltona is in a new position in history, since it has been incorporated, of not only being the largest City, but being the largest City growth wise. There is major development and commercial growth coming to Deltona with that comes many aspects of having an experienced City Manager. Not a City Manager that was an Interim City Manager for a short period of time, got their feet wet and then dove in which she gives him kudos for. She questioned what does it hurt to get the feelers out there and get some great City Managers. Okay, so there are some cities that have a City Manager and if Deltona finds that right person then it is going to work out. By starting this process now, when the new Commissioners comes in the Commission should be in a position to make a decision whether to retain Dr. Cooper or move forward. The Commission does not have time to sit on their hands anymore. Motion by Commissioner Bradford, seconded by Commissioner King, to approve the Request for Proposal for the recruitment of a City Manager and upon approval of this item authorizes any and all necessary actions, documents or budget transfer to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Commissioner Avila-Vazquez stated that no matter who the City Manager is the Commission will never agree with them 100%. She has been living here 20 years and she was around through Mayor Masiarczyk, Mayor Mulder and back to Mayor Masiarczyk again City of Deltona Page 9 Printed on 7/20/2020 City Commission Minutes June 15, 2020 and nobody has ever agrees with the City Managers, there is always a tug of war. She has had her differences with Dr. Cooper, but Commissioners have to understand that they cannot always ask for what they want. That is why there is a City Manager, they are in the best position to tell the Commissioner if their project is affordable. Again, the Commission is never going to be happy with a City Manager no matter what and they are always going to push that button that is going to upset a Commissioner. To spend all this money right now when the City is having problems with funds and this is just to put the application on there for a firm, then comes the other expenses. The Commission has the option of firing whoever the City Manager is if the Commission does not feel that person is doing the job. She agrees with Commissioner Nabicht, if Dr. Cooper is applying for the job and wants the job, she thinks he is doing a great job and has a good rapport with staff. She knows there are a lot of residents out there who do not approve of Dr. Cooper or what he has done, but maybe they have never had the opportunity to understand what it takes to run a City. It is not the Commission who run the City, it is the City Manager. Again, she agrees with Commissioner Nabicht to give Dr. Cooper a chance if he wants the position. Commissioner King stated he thinks Dr. Cooper is doing a good job. When he has had a problem and things went in a direction he thought they should not go, he went straight to Dr. Cooper’s office to discuss it. What the Commission needs to remember is that they are here, elected officials, to be representatives of the citizens and the citizens wanted a new City Manager. He asked for the Commission to remember that the last City Manager hired Dr. Cooper as the Assistant City Manager and a lot of the current staff were also hired by the previous City Manager. He thinks that if the Commission has gone this far in the process it should go ahead and commit to looking for a City Manager who will not be 100% agreeable with the community because nobody is ever 100% agreeable with everything that goes on, but the Commission will be representing the citizens by going through this process and providing citizen input in the process. If the Commission finds somebody that is better than he is sure Dr. Cooper would understand that, but he does not agree with just saying let's just keep Dr. Cooper and make him the City Manager. So he is for going through the process. Mayor Herzberg opened the public hearing. Dana McCool, 1585 Oldsmar Terrace, Deltona, spoke about the organization chart, residents not having enough input, working with Dr. Cooper, encouraging Dr. Cooper to apply, residents needing input, wanting the residents involved in the process and she is in favor of spending the money. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about firing a City Manager before they are even hired, the termination of the previous City Manager, consequences of not go through the process, statements that Dr. Cooper is doing a good job for the Commissioners, Dr. cooper not responding to emails during the pandemic, that a good City Manager communicates with the residents, the Commissioners being elected servants and without residents' votes the Commissioners are nothing, and that it is not up to the Commission if a City Manager is fired. City of Deltona Page 10 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Brandy White, 2689 Chalmer Street, Deltona, spoke about the difference between an RFP and RFQ (Request For Quote), statements regarding firing a City Manager, having no process, wanting citizens involved in the process, her complaint, not having public in meetings during the pandemic, her meeting with Dr. Cooper and him telling her to sue the City if she felt any wrong doing happened to her, and the actions and decisions made not in the best interest of the residents. David Sosa, 931 Hemford, Deltona, spoke about disagreeing with offering the position to Dr. Cooper, having no problem spending $50,000 on a search firm, wasting $200,000 on a water study, doing due diligence, if Dr. Cooper ends up being the best candidate then so be it, the time it took to terminate the previous City Manager, and going through the process to see what candidates are out there. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about not hiring Dr. Cooper, evaluations for Charter Officers, defining performance levels, "status quo creep" and the problem with that, not seeing the problems, wanting to go through the process, the City's growth, and what the process should entail. Manny Rodriguez, 1376 Azora Drive, Deltona, spoke about the differences between an RFP, RFQ and RFI (Request For Information), looking for a firm, and that an RFP implies commitment and spending the money. Mayor Herzberg closed the public hearing. Mayor Herzberg stated it is the Commission's decision whether or not to go to the first step in the process which is to put out an RFP to see how many search firms respond and how much it is going to cost. She asked the clerk to read the motion and the Deputy City Clerk re-read the motion. Mayor Herzberg stated that the motion does not pass if there is a tie vote and City Attorney Fowler replied yes. The motion carried by the following vote: For: 5 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner Nabicht ADD-ON Item 8-B - To accept Commissioner McFall's resignation and to discuss the timeline and the future appointment of someone for the remainder of his four year term. Mayor Herzberg stated that everyone received an email from the Interim City Manager that Commissioner McFall has resigned for personal reasons. The first step in the process is that the Commission needs to accept the resignation. City of Deltona Page 11 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Motion by Commissioner Bradford, seconded by Commissioner King, to accept Commissioner McFall's resignation. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Mayor Herzberg stated the next step in the process per the City Charter is that the Commission has 30 days to appoint a replacement for the remainder of Commissioner McFall's term which end November, 2020. An advertisement (ad) will be placed in the newspaper for the vacancy and this is for anyone living in District 4. The ad will be placed June 18th, the ad will publish June 21st and the deadline for applications is Thursday, July 2nd at 3:00 p.m. The Commission will receive the applications then rank and vote on those applicants at a Special Commission Meeting to take place on July 13th. Also, at that meeting the newly appointed Commissioner will be sworn into office. Anyone interested in the position should contact the City Clerk's Office. There are very few requirements and City Clerk Raftery replied the only requirements that do not apply are the petitions, a fee in lieu of petitions and the 1% assessment fee. 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. Charlene Smith, District 2, thanked the Commission for passing the animal ordinance, TNR (Trap Neuter Release) volunteers cleaning up an area of Deltona, Facebook group for lost animals and volunteering to assist with the site, partnering with animal control, helping animals and pet owners, to take advantage of the resident's skills, a dog attack near Vann Park, animal control's hours and non-emergency calls. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about the budget review, a citizens budget review last year, requested a commitment for Commissioners to meet with residents, deputies' treatment of Brandy White, engaging residents, complaints impacting residents, and the status of Brandy White's law suit. Dana McCool, 1585 Oldsmar Terrace, Deltona, spoke about being a candidate for District 4, working hard for the City, invited people to ask her questions, being involved in social issues, working for disenfranchised residents, being for responsible growth, looking at the City's lakes and parks, digging into the budget, and she thanked staff. Brandy White, 2689 Chalmer Street, Deltona, spoke about communication, not being allowed in meetings during COVID-19, not being able to prevent press or public from attending meetings, Facebook live, continuing business as usual without the public, local protests, accountability, bringing about change, implementing groups of accountability, and wanting confirmation that the Commission is going to work with the residents. City of Deltona Page 12 Printed on 7/20/2020 City Commission Minutes June 15, 2020 David Sosa, 931 Hemford, Deltona, thanked Former Commissioner King for speaking up for the rights of the citizens, the Executive Order by Governor DeSantis, not being able to do business without residents, not reading comments into the record, 27 emails filed prior to a meeting and not one comment being addressed. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about respecting authority until it disrespects him, eComments and how it works, he asked what good is a comment if nobody hears it, the residents' perspective being different than the Commission's, that the residents pay the Commission's salary, the Executive Order by Governor DeSantis, Sunshine Law, respecting the residents and the Mayor needing to resign. 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: None. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Bradford stated regarding July 4 and moving the fireworks to Labor Day. She questioned whether or not that decision should have been made by the Commission and she believes there are other options. Her concern is being the only City having fireworks and the traffic issues that would cause for the VCSO (Volusia County Sheriff’s Office). She asked if anyone, like Sheriff Chitwood, was consulted about moving the fireworks. She also questioned putting everyone at risk for COVID-19 by having the fireworks at all. She suggested putting the funds in a utility fund or rental assistance fund instead which is what the community needs more than anything. Mayor Herzberg stated she was on weekly calls with the Mayors of the cities of Volusia County, the County Chair and Sheriff Chitwood. Every week the consensus among the Mayors’ was to not have the Fourth of July fireworks. New Smyrna considered it the airport because they thought they had a lot of spots for traffic. Most of the cities in Orlando and in Seminole County have all canceled theirs. If one city decided to have the fireworks, that city would have a nightmare of a traffic problem and Deltona has problems with traffic and parking as it is on a normal July 4th holiday. Also, the City of Pearson was going to apply for an events/fireworks permit through the county, but she did not know whether or not that happened. Interim City Manager Dr. Cooper stated he was involved in City Manager calls every Monday, Wednesday and Friday. When the conversation came up about fireworks, there were several cities that were canceling them and several that were moving them to a City of Deltona Page 13 Printed on 7/20/2020 City Commission Minutes June 15, 2020 different date. As for Deltona’s fireworks it was discussed with the Parks & Recreation Department, the VCSO and City employees who are residents of the City. The decision was made to move the fireworks to Labor Day because the residents enjoy the event and it would give the City the opportunity to still have the fireworks. The bigger issue is holding such events prior to what the governor has mandated would have violated the executive order which stated to not have groups of 10 or more if they could not social distance. That was a big conversation of concern between the City Managers and the Mayors as well. Commissioner Bradford asked when the water disconnects will start again and Interim City Manager Dr. Cooper replied no, there has not been a date set to start that. Mayor Herzberg stated Volusia County has CARES (Coronavirus Aid, Relief, and Economic Security) Act funding and mortgage assistance that residents can qualify for up to $1,200 a month for three months. Also available is rental assistance which has been opened up to Deltona and Daytona Beach provided the person is not double dipping. The CARES Act funding needs to be spent before December 31, 2020 and a lot of it has been put into social services, businesses and in-home businesses. She encouraged anyone in need of funding to go the Volusia County website and apply because they provided over $340,000 for utility and rental assistance to Deltona residents. Vice Mayor Ramos stated the City should market the county’s resources. Commissioner Avila-Vasquez stated last month the City of Deltona gave an additional $10,000 each to New Hope Human Services and the Neighborhood Center to help the residents. There are a lot of people concerned about the personal fireworks that will be used in every neighborhood because the City is not putting on the event. She is not in favor of taking the fireworks funding and putting it in social services. Commissioner King stated helping the residents is always a good thing, but there is still a lot of money available to the residents through the county. He suggested not having fireworks at all and leaving that money in the General Fund because there is already talk about shortfalls in the budget. Commissioner Avila-Vazquez stated the county has funding for those affected by COVID-19 to assist with their mortgage, but nobody is applying for it. Commissioner Nabicht stated this comes down to a simply having a working understanding of the Emergency Management Plan (EMP). The EMP is set up from the federal level down to the state which then goes to the counties. Then the counties themselves decide how that resources or dollars are distributed to the cities. The problem is many people do not qualify because of receiving unemployment and making more money than they would if they were actually working. The county has millions of dollars that are able to be distributed for mortgages and people can reply if they did not qualify before. Mr. Paradise and his staff City of Deltona Page 14 Printed on 7/20/2020 City Commission Minutes June 15, 2020 can direct people through the proper channels to apply for that. As for the nonprofit's and churches if there is a need they need to be given the information on how to navigate into the county system and they can help facilitate those dollars, but the dollars will not be given to them to distribute. It is not the position as a City to spend that taxpayer dollars, the $25,000, when there is federal money that is in ample supply in the county and available. He is inclined to agree with Commissioner King and keep the funding in the General Fund and if later on the Commission decides to use those funds whatever is needed will be handled by Ms. Hooper. Commissioner Nabicht suggested to diligently not only in this budget, but upcoming budgets to increase the disaster reserve which is at $8.1 million. As the City’s population increases that number needs to correspond, it needs to go up. The City spends four or five million dollars on hurricanes that comes in south of us or on the other coast. If the City ever takes a direct hit it will need $20 million. Commissioner Nabicht suggested holding on to the $25,000, if anything the Parks and Recreation Department has many needs that are not being funded, but it does not make sense to put that money into social services because there is funding to meet that need from another revenue stream. Vice Mayor Ramos stated he was glad Commissioner Nabicht mentioned about the nonprofits, because again, it is rental, mortgage, businesses and nonprofits and it is about $17.5 million. Commissioner Bradford stated she spoke with the county who told her that all she had to do was have City staff contact county staff in order to get funds and if that has not been done then that is something staff should do. Again, the City needs to ask the county for help to get those funds so the residents can get the funds. She asked if the City has contacted the county and told them it needs funds because the City is out of funds. Interim City Manager Dr. Cooper replied not only has staff gone to the county looking for funds, the City has submitted all the documentation for everything staff could possibly think of to get under the COVID CARES Act and everything else. The issue is the county is not going to cut the City of Deltona a check to distribute the funds. The City’s Housing and Community Development Department is in constant contact with the county’s staff working on helping the City’s residents with mortgages, rentals and utilities. Ms. Hooper stated she has been on video calls with the county regarding the CARES Act funds specifically and the county stated they did not want the cities to do their own rent or utility assistance programs because it would be redundant to what the county offers. Commissioner Bradford asked if the contact information for the county as well as the information on how to apply for the CARES Act funding was on the website and Interim City Manager Dr. Cooper replied yes, everything is on there. Commissioner Bradford stated the Commission needs to decide whether to cancel the July City of Deltona Page 15 Printed on 7/20/2020 City Commission Minutes June 15, 2020 4th event and put the $25,000 in the General Fund. Commissioner Avila-Vazquez stated the way it was explained to her by the county is that those funds are only for people who were affected by COVID-19, who were laid off due to COVID-19. One of the requirements is that the person has to prove is that they paid their March mortgage and if they did not then the person does not qualify. After discussion, the Commission concurred to not have the July 4th event and put the $25,000 in the General Fund. Commissioner Bradford stated with regards to the status of utilities staff has not decided on a disconnect date for individuals affected by COVID-19 who are behind on their utilities and those individuals are racking up late fees. Her understanding is that it is on a case by case basis per day, but either way, these are extra funds that are being paid out by the county and social services. In her opinion the City should not be charging late fees to individuals who have not and cannot pay their utilities. Other cities are getting grants and money back so they can waive late fees for individuals. She does not think late fees should be accumulated and before an individual is disconnected the City should be making that individual aware of how to get assistance prior to being disconnected, a clear process. She asked if the Commission wanted to continue accumulating late fees. Mayor Herzberg replied that Deltona Water Director John Peters needs to address that at the next Commission meeting to include the number of disconnects, how many people are defaulting on their bills, the absorption of late fees and non-payment of bills, but she is not going to make a decision without having any type of numbers. Interim City Manager Dr. Cooper replied that Mr. Peters, himself and Ms. Hooper have a plan and have been discussing several options. There is a whole City recovery plan on how to bring the City back and to make sure the City is helping the residents with their utility bills. No, the City did not waive late fees unless the individual called and it was COVID related. Again, there is a plan on how the City will be helping residents and once this is all over the City will not have massive shut offs, that is not going to happen. Staff has already started addressing how to reach out to those residents that need assistance to include coming in on Saturdays to set up payment plans and making sure that they have a reasonable amount of time and a reasonable payment. Commissioner Bradford questioned whether the Commission should be involved in decisions that clearly impact residents or is she misunderstanding what her role is. It is the City Manager’s decision when it relates to staff, but it is the Commission’s responsibility to know what is going on when it clearly impacts the residents. Interim City Manager Dr. Cooper replied staff has prepared a plan, but it has not been brought before the Commission yet. Commissioner Bradford asked that plans like this be presented to the Commission. City of Deltona Page 16 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Mayor Herzberg stated everything that has been going on with COVID-19 has never been experienced before by any municipality, any state or any federal government since the pandemic of 1918. Each city is doing something different with regards to meetings, closures and even staff working from home. Deltona was one of the last cities to close City Hall for appointments only, staff did not work from home and those staff that met the COVID-19 guidelines were allowed to stay home, but not to work as the City did not have the capability. Staff has to look at what is going to be in the best interest of the residents, 35,000 plus accounts, but also to maintain financial stability. She asked that manager to provide the Commission with the plan and she asked if the City is doing what other municipalities are doing. Interim City Manager Dr. Cooper replied Staff is putting those plans together and just as with everything else he has been doing since he has been in this position, he makes sure that the Commission is well aware of what staff is doing. He sends out numerous emails every day to the Commission on what is being done with plans and the plans are attached if there is one. Currently, staff is still working on the plan because staff is still gathering those numbers as to how many people are affected, COVID related, and who is making this a practice or has been doing it for years. Once the plan is finalized staff will provide it to Commission before anything is implemented, but because it is an operational matter and it is not directly related to the budget aspect, he thought that it would fall under the City Manager’s authority. If that is not what the Commission wants to please let him know and he will change that. Commissioner Nabicht stated again, the process is clearly laid out in the Emergency Management Plan that this Commission has adopted. Basically what that says is that each department head under the direction of the City Manager and the Fire Chief is to develop a plan for pre-incident, during the incident and post incident, recovery. So not only is the manager and staff having to manage the ongoing incident because the City is still in the incident. The Commission is also asking that same group of people, which in Ms. Hooper's report shows how understaffed the City is because the Commission did not want to raise the budget, did not want to hire more employees and did not want to raise taxes. That was the will of the Commission, but this is a result of that will. The fact that Dr. Cooper, finance and Deltona Water are in the process of working on a recovery plan is phenomenal because they are still dealing with the crisis of the incident and all within budget. He asked what the county’s plan is with regards to Del North which services Deltona residents. The Commission needs to approve the plan once the manager comes up with it and it is not something that can be farmed out to a consultant to do because it is unique. So instead of criticizing him and beating him up for not having the plan ready yet let’s get him some help and when he says he needs something let’s find a way to facilitate that. Commissioner King asked when the manager anticipated the plan being completed and presented to the Commission. Interim City Manager Dr. Cooper replied staff is close to the end of it, but again, because the situation is fluid. A payment plan is a loan to an individual so they can pay their water bill and staff has to look at what that is going to do to the operations of Deltona Water. Staff has to guesstimate exactly what kind of shortfall the City City of Deltona Page 17 Printed on 7/20/2020 City Commission Minutes June 15, 2020 will be looking at and staff is doing its best to gather all the information together and be as accurate a possible. Commissioner King asked if staff was considering a cap on late fees or on disconnects, not having a reconnect fee. Interim City Manager Dr. Cooper replied if the late fees are directly related to COVID staff is looking at those being waived. Staff wants the individual to be successful, be able to afford the payment plan and pay the bill off because the individual will also have to pay for what they are constantly using each month. Commissioner King asked if the manager thought there would be a plan in another month and Interim City Manager Dr. Cooper replied actually, less than that. Commissioner Bradford stated she is not in favor of any late fees being charged related to COVID-19. Her concern is the Commission needs to have a discussion on the plan and provide input. Commissioner Nabicht asked if Commissioner Bradford had a draft plan in front of her to look at for discussion. Commissioner Bradford stated when she brought late fees up previously she was told that there would be manager meetings and the City would follow their suit. Her point is that the City does not always have to do what other cities do, but do what is right for Deltona residents. Interim City Manager Dr. Cooper stated that he and Commissioner Bradford have discussed this on the phone and he told her that he is on calls with other City Managers Monday, Wednesday and Friday to discuss and research everything. That staff is looking into the plan and researching what to do. He meets with each City Commissioner who wants to meet with him every week to discuss agenda review and many other topics. He has received during those conversations some input from Commissioners on what they think should be done, but he told them that staff would be putting together a plan for Commission review and approval. He apologized that the plan is not getting done as fast as Commissioner Bradford would like. Commissioner Bradford asked for assurance that nobody would be disconnected until the plan is reviewed by the Commission and Interim City Manager Dr. Cooper replied she has his 100% assurance that nobody will be disconnected. Commissioner Nabicht reminded the Commission, not only does the Commission have a responsibility to help its residents to try and make the fees as palpable as possible, but the City has a fiduciary responsibility to the utility and to not run the utility into the ground, that it cannot afford to operate. The fees that pay for the utility are user fees, period. When COVID-19 first started in one of his weekly meetings with the manager he asked if Deltona Water was in a position to waive utility bills for two months, he met with finance and the utility director and the answer was absolutely not, it does not have the reserve. Vice Mayor Ramos stated he has had conversations with the manager regarding a plan and with everything that is happening he would prefer the manager bring a plan forward that is going to work, than to bring forward a plan for the Commission to discuss for two hours City of Deltona Page 18 Printed on 7/20/2020 City Commission Minutes June 15, 2020 breaking it apart. Vice Mayor Ramos requested a clarification as it relates to public records requests. In the last two days he has received approximately 30 public record requests and he also received some voice messages on how the City Clerk is being addressed. He is just wondering if there is a gap or something going wrong that the Commission needs to know about. Interim City Manager Dr. Cooper replied the City Clerk's office is the two people sitting at the desk on the floor in front of the dais. The City's Clerk's Office had quite a few public records request that came in and staff is required by law to respond to those within a reasonable time, which staff has been doing. He read all the requests that and some are asking for records and some are not. Staff will get inundated with quite a number of requests all at one time and staff does respond to each and every one in a reasonable amount of time, as quickly as possible. This is also why sometimes the Commission will get an agenda late, the minutes or all different things because they have to work on all of those requests all at one time. It was an especially hard week last week because staff had candidate qualifying for the elections that are going on and he knows that Ms. Raftery and Ms. Keys put in quite a few hours last week. Mayor Herzberg asked for an update on the embedded light project that the legislative delegation was kind enough to fund for the City last year. They are embedded lights into the sidewalk and crosswalk area for safety. Mayor Herzberg stated there was a comment made that the county has ECHO funds that have not been spent and that the City needed to look at. Recently, the City had some ECHO funds for some passive parks, but when a park is done the City has to match the funds and expand them out of the City’s grant match and also maintain the parks. She suggested applying for something that does not require an extreme amount of City staff use i.e. maintenance, look at it. Mayor Herzberg asked for an update by the next Commission meeting on the Providence Trail, what is the status of the Providence Trail. That trail was in the design stage and should be approximately now at the 90% design stage. The previous City engineer was working on the utilities that might have to be replaced and upgrading in that area, that has been addressed. Providence Boulevard is horrendous from Doyle Road to Normandy Blvd. It gets slightly better from Normandy Blvd. to Saxon Blvd., from Saxon Blvd. on is pretty. The road is breaking, there are pot holes and the worst part are the ruts in the right-of-way and the stormwater that accumulates in the right-of-way. It was her hope that the trail would raise the quality of that road and the homes around there, an entrance and one of the City’s arterial roads to the City. The City is going to have to take responsibility at some point for that section regardless of whether they are all county roads. Like Commissioner Bradford said, let’s ask. Commissioner Avila-Vazquez stated since she has been elected one of her biggest City of Deltona Page 19 Printed on 7/20/2020 City Commission Minutes June 15, 2020 complaints has been Providence Blvd. and Normandy Blvd. by CVS that becomes a lake when it rains. Mayor Herzberg asked for an update on that intersection as well. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: Interim City Manager Dr. Cooper stated he would just like to bring special attention to the City of Deltona which experienced a protest regarding the Black Lives Matter movement here at City Hall. It was organized by a very, very impressive young man, Mr. Zeffy Emerson and the other young people that he brought with him asked some of the most thought provoking and deep questions that you could possibly ever imagine. These young people are scared about what is going on and what their future holds, but he just wanted to take a minute to commend them. When he was there he did not get involved with the crowd, but he listened to the speeches and he talked to some of the people there without them knowing who he was. It was very enlightening for him, especially today being a former police officer as well as being a young black man growing up in the City of Detroit. Again, he just wanted to take a moment to commend Mr. Zeffy Emerson and the rest of the young people that came with him, they did an outstanding job. It was a very peaceful protest and he thanked Sheriff Chitwood and Captain Marino for their question and answer session with the young people, it was very enlightening. He stated if Mr. Emerson was watching, he will reach out to him to have him come sit down and meet with him to discuss what can be done to move this forward. 14. CITY COMMISSION COMMENTS: Commissioner King thanked the City for promoting some of the patriotic days, the last one being Sunday, which was Flag Day. He appreciated some of the elected officials coming out and being part of that ceremony for the distinguished disposal of flags at Veterans Park. He thanked staff for promoting that event for the City, residents and Veterans. He hopes the elected officials will continue to promote those things as they come up throughout the year. Commissioner Avila-Vazquez asked Commissioner King how often are the flags burned and if somebody has a flag one that needs to be burned who do they call. Commissioner King replied the ceremony is done once a year on Flag Day at Veterans Park. The person would pull off of Elkcam Blvd. onto Evard Avenue, park at the opening to the park and as the person walks through the gate on the right hand side there is a big box that almost looks like a mail box which is painted like an American flag where the retired flags can be deposited. There was about 2,000 flags that needed to be burned. Commissioner Avila-Vazquez commended Ms. Hooper and her staff for that excellent report provided today. She gave kudos and thanked staff for all the hard work they have done in these hard times, showing up to work even though some had the luxury of staying home, staying away from danger and the COVID-19, staff was here working and she appreciates that. The Interim City Manager mentioned the protest on Thursday and there was also a march on Saturday which was put together and she thanked Kimberly Aiken for City of Deltona Page 20 Printed on 7/20/2020 City Commission Minutes June 15, 2020 organizing that. What impressed her about the march was that when she looked at the pictures that people posted on Facebook everybody had a mask on and everybody kept their distance. Again, she thanked Ms. Aiken for putting the march together and she stated she was there representing the NAACP (National Association for the Advancement of Colored People) of West Volusia and the City. Everybody stay safe, practice safe distancing and God Bless. Commissioner King stated he wanted to give a shout out to the American Legion Post 255 here in Deltona. Their American Legion riders donated $800 to the V-CEP (Veterans Community Education Partnership) program specifically for a new monument that is being built there for the war on terror. Hopefully in the next few months, the organization will have enough money collected to complete that. Anybody interested in donating to that should get a hold of Mick Cotten or John Masiarczyk with V-CEP. Commissioner Nabicht stated he would like to congratulate Commissioner Bradford who ran unopposed for her seat so the City will have her for another four years. Sheriff Chitwood also ran unopposed and he will continue to be the head law enforcement officer for the City of Deltona and throughout Volusia County. He also congratulated all the elected officials that ran unopposed this year. He thanked Former Commissioner McFall for his dedicated service on the Commission. His family has a long history of serving in Volusia County from School Board to Supervisor of Elections to his daughter and then himself sitting on the Commission. They have been a community service oriented family and he wished him and his family well as they have some difficulties going on right now and he hopes it all works out for them. Commissioner Bradford stated there was something mentioned tonight about 27 emails at the last meeting and she wanted to clarify that and Commissioner King replied he had the 27 emails at the last meeting. Commissioner Bradford stated during the meeting the Commissioners were refreshing their screens and there was no comments during the meeting that came in. Monday the 22nd at Dewey O. Boster Park there is a food drive at 11:00 a.m. and she has received notification that the City is involved with that. The group is also asking for 80 volunteers to assist with the food drive. She encouraged anyone that was interested to show up at the park, they are going to be doing it in shifts starting at 9:30 a.m., but to show up at whatever time you can help out. Again, it is Monday, June 22nd at Dewey O. Boster, 1200 Saxon Blvd., Deltona. Commissioner King stated he reposted that announcement on Facebook so it went out to over 1,000 people. Commissioner Bradford asked if it was on the City’s website and Interim City Manager Dr. Cooper replied yes. Commissioner Bradford stated to get the word out there for those families in need of food. Vice Mayor Ramos stated he has been working with the Daytona Dream Center and Pay It Forward, which are the collaboration that the City is doing this with. So yes, any volunteers that can come out on Monday, June 22nd, that is next Monday. Volunteers are need to be there between 9:30 a.m. and 9:45 a.m, but again, he wants to say thank you to Daytona Dream Center and Pay It Forward for their collaboration in getting this done. Also, the City is participating in the Summer Food Program with the county and the City has three sites, City of Deltona Page 21 Printed on 7/20/2020 City Commission Minutes June 15, 2020 Wes Crile Park, Skate Park and Harris Saxon from 10:00 a.m. till Noon. All a person has to do is drive by, any kids 18 or under will receive a bag with some food in it. It has been working great at Wes Crile because of the splash pad. It is starting to pick up at Harris Saxon, the Boys and Girls Club is going to start meeting and the more the City can promote this the better. Again, it is at Wes Crile, Skate Park and Harris Saxon from 10:00 a.m. to Noon, Monday through Friday, for any kid age 18 and under and the parents do not need to be present. However, the parent cannot show up and say they have three kids at home. He would also like to say he appreciates the opportunity to work with his colleague, Former Commissioner McFall, and he wished him the best in his endeavors. Mayor Herzberg stated she has a couple of quick comments on some of the things that were mentioned earlier today. She asked Ms. Hooper, if there will be a budget program for the residents like was done in the past and Ms. Hooper replied she did not have anything scheduled for this year, but both times the attendance was low. Mayor Herzberg stated that is addressing the comment about the budget review for the residents. She knows the residents last year did something like that, but the Commission should have a discussion about residents’ input with regards to the budget at some point. The other comment regarding the emails was addressed. Another comment was that there was no notice that the public would not be allowed in the chambers during prior Commission meetings which she would like to dispute. On both on the agenda for April 6th and May 8th there was a public comment notice and she read the notice. It was clearly stated on the front page of the agenda that there would be no admission into the chambers by anyone besides from the Commission and press. The last thing that she had was about Miss Smith’s comments about the City’s Facebook group lost animals. It is her understanding that the City has a group and a page and one of those is interactive with residents and the other is run by someone else. Interim City Manager Dr. Cooper replied the page is run by the City, the Code Officers are able to take pictures of the animals and upload them directly. Mayor Herzberg stated the group is an interactive group on Facebook and any group on Facebook needs to have some sort of monitoring. She knows that it used to be done by Mr. Mora, but since he is no longer with the City anymore, she believes that is what Miss Smith is talking about. She has heard this, not from her, but from others that posts are put on there, they are lost in the page, and they are never updated. She does not know how the City feels about having volunteers or having people help with that, but if there is going to be a group it has to be monitored and there cannot be posts not being addressed or that get lost under community comments because nobody ever sees them and they sit there forever until it is moved out. She does not know how that works or if the City want to eliminate one of the pages. She personally would like to say thank you to the City Clerk's office who has been working like crazy in the last and she also thanked finance, planning and everyone else in the City. She gave a special shout out to public safety personnel, the Sheriff's Department and the Fire Department. Every single day when they get one of those calls, they do not know who they are picking up, they do not know what kind of condition they are in, who they are, and if somebody is ill or not. She thanked everyone in the City of Deltona and again, thank you. She congratulated Commissioner Bradford. She thanked Former Commissioner McFall for his service, for the time that he was on the Commission. The City appreciates him and she echoed the statements of everyone else. City of Deltona Page 22 Printed on 7/20/2020 City Commission Minutes June 15, 2020 15. ADJOURNMENT: There being no further business, the meeting adjourned at 9:57 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 23 Printed on 7/20/2020

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht Monday, June 15, 2020 6:30 PM Deltona Commission Chambers ****PUBLIC COMMENT NOTICE SEE ATTACHED**** 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. Background: ***NOTE*** The City Commission is dedicated to working hard and keeping our city moving forward, and a top priority during the COVID-19 pandemic is to help maintain the health of our employees and residents. Another top priority is being able to maintain public participation in our City meetings. Following CDC Guidelines, we are allowing limited public access into the Commission Chambers and practicing social distancing with the City Commissioners, staff and residents. Though there are restrictions when it comes to public gatherings, we are dedicated to making sure those who would like to make their voice heard are able to. Please note your public comments can be submitted via one of the following mediums no later than 12 Noon, June12, 2020 to ensure they are available for the Commissioners to review prior to the meeting. · eComment o Click the “Agenda & Minutes” icon on the homepage; o Chose the meeting you want to comment on and click on “eComment” in the last column; and o Go to the item and click on the speech balloon marked “Comment” to make your comment. o To view all comments made on an item chose the speech balloon to the left. · Visit the “Request To Speak” page of the website at <https://www.deltonafl.gov/city-commission/webforms/request-s peak> City of Deltona Page 1 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 o Under the Commission Meetings tab o Fill out the “Request To Speak” form - which will be submitted. · Email: cityclerkdept@deltonafl.gov <mailto:cityclerkdept@deltonafl.gov> · Fax: 386-878-8501 All submitted comments will become part of the official City record, and be attached to the meeting minutes. This is a fluid situation and as procedures change, we will be sure to update you. Attachments: Instructions for eComment 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Avila-Vazquez. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of May 18, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 18, 2020 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. FY 2018/2019 Annual Audit Presentation: Comprehensive Annual Financial Report for the Year Ended September 30, 2019 -Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources and promote an effective system of checks and balances Background: The City undergoes a financial audit each year and issues a City of Deltona Page 2 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 Comprehensive Annual Financial Report (CAFR) that include the City’s financial statements. The independent audit firm of Purvis Gray, will present the City’s audited Comprehensive Annual Financial Report (CAFR) for the year ended September 30, 2019. Attachments: 2019deltona B. Budget kickoff presentation for fiscal year 2020-2021 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues - Maintaining a Balanced Budget Background: Kickoff of budget preparation for fiscal year 2020-2021. Presentation will include status of fiscal year 2019-2020 to date, issues for consideration in the new fiscal year, and discussion of Commission priorities. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 02-2020 amending the Code of Ordinances Subpart B, Land Development Code Chapter 110, Article XII “Planning and Zoning Board” at second and final reading - Ron A. Paradise, Interim Deputy City Manager/Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and External Communication Background: The Planning and Zoning Board is a recommending body consisting of volunteer citizens appointed by the City Commission, serving at the pleasure of the City Commission. In September of 2019, the City Commission appointed ‘alternate members’ to the Board with the intent of ensuring the business of the Board would continue seamlessly in the event there was not a quorum achieved by the regular membership. The changes to Article XII of Chapter 110 intends to recognize the appointment of the alternate members. In addition, other changes to Article XII include the following: · Recognition the Board is a quasi-judicial decision-making body; · Eliminates term limits; · Clarifies and otherwise updates attendance expectations; · Establishes an expectation that Board members (regular and alternate members) will engage in educational activities to understand the responsibilities and requirements of the Board; · Eliminates the requirement of the Board to review Development City of Deltona Page 3 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 of Regional Impact developments and final plat subdivisions containing more than 200 lots; and · Deletes a 20-day application window required for Board review. The City Commission on March 16, 2020 tabled this item and remanded the ordinance to staff to incorporate certain changes and clarifications. The language has been further updated as follows: · Reinstate Board member term limits; · Establish term limits for alternate members; · Clarify when an active, term limited member can serve as an alternate; and · Require at least 8 hours of continuing education and define how hours of education will be allocated. For more information see attached Ordinance No. 02-2020. The changes are presented in an underline and strike through format. There is also a ‘clean copy’ also attached. The Board reviewed an initial draft of the proposed changes to Article XII on November 20, 2019. Changes to Article XII were made as a result of input from the Board. The revised changes were reviewed by the Board on February 19, 2020, and were approved 6-1. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate such Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Changes to Article 12 UnderlineStrike Article 12 Clean Copy B. Public Hearing - Resolution No. 2020-24, Establishing the Preliminary Annual Rate Resolution - Streetlighting Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Streetlighting Services System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-253 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary and Annual Rate Resolutions. Attached is the Preliminary Annual Rate Resolution for street lighting assessments. City of Deltona Page 4 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval. Attachments: 2020-24 Resolution - Preliminary - Streetlighting-June 2020 C. Public Hearing - Resolution No. 2020-25, Establishing the Preliminary Annual Rate Resolution - Stormwater Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Stormwater Utility System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-158 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. Attached is the Preliminary Rate Resolution for stormwater utility assessments for FY 2020/2021. Staff is proposing an annual rate of $128.00 per ERU (Equivalent Residential Unit), which is unchanged from the current annual rate of $128.00 per ERU. Upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2020-25 Resolution - Preliminary - Stormwater -June 2020 D. Public Hearing - Resolution No. 2020-26, Establishing the Preliminary Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues. Background: The Lake McGarity Special Assessment District was established to provide aquatic weed control services for the Lake. The cost of those services are apportioned to properties that will benefit from those services and will be levied to the property owners. Section 54-16 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget City of Deltona Page 5 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 adoption process for each fiscal year. The initial proceedings for the adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. Attached is the Preliminary Rate Resolution for Aquatic Weed Control Services assessments for the Lake McGarity Special Assessment District for FY 2020/2021. Staff is proposing an annual rate of $134.15 per assessed parcel, which is unchanged from the rate for the current fiscal year. Approval of this item authorizes the necessary 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. Attachments: 2020-26 Resolution - Preliminary - Lake Clean Up - June 2020 E. Public Hearing - Resolution No. 2020-27, Establishing the Preliminary Annual Rate of Assessment for Solid Waste Services for FY 2020/2021 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Solid Waste Collection System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-56 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution. The annual solid waste assessment rate for FY 2020/2021 is proposed at $202.80 per Equivalent Residential Unit (ERU), which is unchanged from the rate for the current fiscal year. Approval of this item authorizes the necessary 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. Attachments: 2020-27 Resolution - Preliminary - Solid Waste assessment- June 2020 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request For Proposal for the recruitment of a City Manager for the City of Deltona. - Dr. Marc-Antonie Cooper, Interim City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication City of Deltona Page 6 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 Background: The City will be placing a Request for Proposal for the recruitment of a City Manager. Upon approval of this item authorizes any and all necessary actions, documents or budget transfer to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to further Commission approval of this item. Attachments: RFP 20012 EXECUTIVE SEARCH FIRM.pdf 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. Citizen comments for any items. (4 minute maximum length per speaker) 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: 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of City of Deltona Page 7 Printed on 6/8/2020 City Commission Regular Commission Meeting June 15, 2020 the meeting date and time at (386) 878-8500. City of Deltona Page 8 Printed on 6/8/2020

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