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City Commission

Regular Meeting

Deltona, FL · November 30, 2020

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, November 30, 2020 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we are allowing limited public access into the Commission Chambers and practicing social distancing with the City Commission, staff and residents. 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 8 - Mayor Herzberg Vice Mayor Bradford Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Acting City Manager City Attorney Absent: 1 - Commissioner Avila-Vazquez 3. SILENT INVOCATION AND PLEDGE TO THE FLAG: Mayor Herzberg led everyone in a silent invocation and Commissioner King led everyone in the pledge to the flag. 4. APPROVAL OF MINUTES & AGENDA: None. 5. PRESENTATIONS/AWARDS/REPORTS: None. 6. ORDINANCES AND PUBLIC HEARINGS: None. 7. OLD BUSINESS: City of Deltona Page 1 Printed on 4/23/2021 City Commission Minutes November 30, 2020 None. 8. NEW BUSINESS: A. Request approval of Resolution No. 2020-71 to adopt a Temporary Personnel Policy and Procedures Manual - John A. Peters, III, PE, Acting City Manager. Strategic Goal: Personnel Management Acting City Manager Peters gave a brief explanation of the item. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to approve Resolution No. 2020-71 to adopt a Temporary Personnel Policy and Procedures Manual as presented and authorize the Acting City Manager to sign any documents necessary to further Commission approval of this item. The Commission and Acting City Manager Peters discussed evaluations and the process, PIP (Performance Improvement Program), public evaluations for Charter Officers, bell curve rating, COLA (Cost-of-Living Adjustment), when evaluations are done, evaluation criteria, and recognition of employees. Mayor Herzberg opened the public comments. Elbert Bryan, Deltona, spoke about performance evaluations, public input, comprehensive evaluations and dispute policy. Brandy White, Deltona, spoke about pay raises and performance based evaluations. Mayor Herzberg closed the public comments. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa B. Request approval of Resolution No. 2020-72 to adopt a Temporary Procurement Policies & Procedures Manual - John A. Peters, III, PE, Acting City Manager. City of Deltona Page 2 Printed on 4/23/2021 City Commission Minutes November 30, 2020 Strategic Goal: Financial Management Acting City Manager Peters gave a brief explanation of the item. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to approve Resolution No. 2020-72 to adopt the proposed Purchasing Manual as presented and authorize the Acting City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public comments. Brandy White, Deltona, spoke about department heads taking on the job without any additional pay. Mayor Herzberg closed the public comments. Acting City Manager Peters clarified that anything in the process right will continue under the old process and then as of today anything that is starting will have to be under the new process. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa C. Request approval of Resolution No. 2020-73 to adopt a COVID-19 Policy - John a Peters, III, PE, Acting City Manager. Strategic Goal: Personnel Management Acting City Manager Peters gave a brief explanation of the item. The Commission and Acting City Manager Peters discussed COVID funds, types of masks, providing masks, policy time frame and the effects of COVID on the City. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve Resolution No. 2020-73 a COVID-19 Policy as presented and authorize the Acting City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public comments. City of Deltona Page 3 Printed on 4/23/2021 City Commission Minutes November 30, 2020 Elbert Bryan, Deltona, spoke about the vote, the county, staff, wearing masks, social distancing, staff's diligence, Sheriff's officers and adopting county policies. Sean King, 815 Tangelo Avenue, Orange City, spoke about policy time frame, revisiting the issue and answering questions. Terri Ellis, 1620 W. Akron Drive, Deltona, spoke about COVID, privacy and security issues, and having staff work from home. Mayor Herzberg closed the public comments. The Commission and Acting City Manager Peters discussed working from home, infrastructure, cost for infrastructure, reimbursement from CARES Act (Coronavirus Aid, Relief, and Economic Security Act), using CARES Act funds, and policy time frame. Amended motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve the Resolution with a re-evaluation of it after the first quarter of 2021 and authorize the Acting City Manager to sign any documents necessary to further Commission approve of this item. Mayor Herzberg opened and closed the public comments as there were no public comments. Finance Director Camille Hooper clarified that the CARES Act funds have not been spent and staff submitted eligible reimbursable expenses to the county which staff has received and the Commission and Acting City Manager can spend as they like. The amended motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa D. Consideration of a Contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Mayor Herzberg stated there is one correction per the City Attorney, correct? City Attorney Fowler replied he believes the Commission may have got an earlier version, but the City Clerk has distributed the most recent version. Mayor Herzberg clarified that it is Section 12, Item A, has a “period” after majority vote and everything else is out after that. The Commission, Acting City Manager Peters and City Attorney Fowler discussed salary City of Deltona Page 4 Printed on 4/23/2021 City Commission Minutes November 30, 2020 and average starting salary, the severance package, performance evaluations, Sections 2-E and 12-C of the agreement, termination with or without cause, the City Manager hiring process, what constitutes a majority vote, termination with or without cause, the vacant seat in Public Works/Deltona Water, transparency, and years of experience. Mayor Herzberg opened the public comments. Elbert Bryan, Deltona, spoke about the Commission, Deltona City Managers, wearing a lot of hats, salary, splitting the difference, severance package, being fiscally irresponsible, and cause and without cause. Mike Williams, 2889 Cottageville Street, Deltona, stated the salary discussion should taken place in a workshop. Brandy White, Deltona, spoke about Section 2-E language, salary, City Manager process, raises, Public Works Director position, severance package, firing with or without cause, Sections 12-C & D, termination, Section 3-C, and Section 15. Richard Bellach, Deltona, spoke about citizens, Commission's votes, severance, fair treatment, asphalt and prior City Managers. Julius Bennett, 2171 Vans Road, Deltona, spoke about the Public Works Director position, risk or no risk, and the severance package. Sean King, NAACP, 815 Tangelo Avenue, Orange City, spoke about his father building the City, charter officers, super majority vote, qualifications, prior City Managers' resumes, John Peters' resume, Commissioner Sosa's comments, vested interest in the City, review the contract carefully, not the same Deltona, Amazon, roads, and infrastructure. Elizabeth Chavez, Deltona, spoke about the salary, the pandemic, being fair, supplementing water bills, severance, and retirement plan. Manny Rodriguez, 1376 Azora Drive, Deltona, spoke about the contract, business people, residents involvement, peter principle, severance package, the Public Works Director position, double dipping, progressive condition of employment, the severance package, reviewing the contract, and keeping the City Attorney out of negotiations. Mayor Herzberg closed the public comments. The Commission, Acting City Manager Peters and City Attorney Fowler discussed double City of Deltona Page 5 Printed on 4/23/2021 City Commission Minutes November 30, 2020 dipping, the Public Works position, termination with or without cause, a level of protection, severance, memberships, transparency, inflation, making adjustments, and the residents. Commissioner McCool left the meeting at 7:58 p.m. and returned at 7:59 p.m. The Commission, Acting City Manager Peters and City Attorney Fowler continued to discuss evaluations, Section 15, Section 12-A, super majority vote, Section 12-E, Section 12-C and D, salary, highest paid employee, raises, salary caps, years of experience, his experience, the market, complaint process, code of ethics, prior City Managers, legally defensible, transparency, fraud and crime, Florida Statutes, reasonable standards, responsibility for Charter Officers, severance, private sector vs. public, salary of prior City Managers, and competition. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve the attached contract with the addendum of $160,000 with a three month evaluation, where the Commission will evaluate him at that time to determine maybe the other $2,500 and another three months to do another evaluation of the other $2,500 through his contract to be our Acting City Manager and she authorizes the Mayor to execute it on behalf of the City. City Attorney Fowler stated he and Mr. Peters have discussed this contract and came up with a couple little adjustments here and there some of which he has talked to Mr. Peters. Obviously the compensation is the most significant element of it so if the Commission should determine appropriate to approve it they will make the relatively minor changes to address some of the points that the Commission has made. He does not see any problem whatsoever and this is not the kind of thing that should be done in a hurry, but would be done before December 14, 2020. Amended motion by Vice Mayor Bradford, seconded by Commissioner McCool, that the $2,500 evaluations to be based on a satisfactory evaluation of and vote of the Commission. The amended motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Bradford, Commissioner King, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa City of Deltona Page 6 Printed on 4/23/2021 City Commission Minutes November 30, 2020 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. Brandy White, 2689 Chalmer Street, Deltona, spoke about Mr. Peters' return to Public Works, positive changes, accountability and transparency, her situation and the status of her situation. Robert Trombetta, 439 Golden Arm Road, Deltona, spoke about the Southwest Democratic Club, early voting, the chambers being an efficient location, and considering early voting again in the chambers. Doug MacDonald, 1494 Surrey Run Court, Deltona, congratulated Mr. Peters and spoke about Dr. Cooper's removal and that decision, Dr. Cooper's work and traits, running meetings, a 4 to 3 vote being a slippery slope, super majority votes, Commissioners' ideas, the Commission's vote, personal improvement plan, evaluations, and he wished everyone a nice holiday. Sean King, 815 Tangelo Avenue, Orange City, spoke about being a manager, evaluations, Amazon, thinking about people, navigating COVID-19, public safety, employee morale, staff support, open door policy, constituents complaints, other cities, reopening City facilities, monitor contracts, emergency services, emergency transport, the firefighters union, the 2020 annual budget, no tax increases, zero base budgeting, citizen engagement, federal guidelines, COVID-19 relief funds, Dr. Cooper’s removal, Commissioners not doing their homework, Commissioner meetings with Dr. Cooper, conducting an investigation, extending himself to Mr. Peters, the Commission evaluating themselves, and Dr. Cooper being easily removed. Councilman Stephen Bacon, 257 Bayou Circle, DeBary, spoke about being a Commissioner for DeBary, contract negotiations, respect, his experiences, Toys for Tots, charity, Commission donations, contacting every City, tomorrow’s DeBary meeting, Sun Rail, population, public transportation, narrow thinking, a $50 million project, improvements, expanding Sun Rail, people retiring and moving to Florida, what Volusia County has to offer, Sun Rail being underused and costly, buses and trains, special event lots, possibly losing $35 million in funding, half cent sales tax, and septic systems and expensive replacement costs. Elizabeth Chavez, 1971 Algonquin Avenue, Deltona, spoke about her nonprofit organization Nitty Gritty True Talk Ministries Inc., being on 97.1 FM Christian station, food drive in Deltona December 17th, using Dewey O. Booster Park and needing a forklift, servicing the community, the pandemic, giving a blessing onto everyone, and making decisions for the growth of future generations. Larry Mack, 591 Antelope Drive, Deltona, spoke about having questions, the City’s City of Deltona Page 7 Printed on 4/23/2021 City Commission Minutes November 30, 2020 website, State Statutes and who defines them, what was discussed tonight, and why a community planner cannot be on the Planning & Zoning Board. Richard Bellach, 1665 South Acadian Drive, spoke about Jane Shang, Dr. Cooper, vetting employees, whitewashing, Mayor Herzberg, putting information to the side, how the Commission wants to run the City, the City’s children, leading the pack, telling the truth, the Commission getting played, therapy and anger management for Jane Shang, mental anguish, the Mayor being jealous, and Ms. White deserving money. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the definitions of transparency, accountability and credibility, the Commission’s vision, a balanced budget, paying down debt, commercial stability, a downtown, commercial viability, commercial tax base, residential tax base, moving forward, roads, building more roads, resurfacing roads, rollback, growing the budget, fixing Deltona Water, fixing the sewer department, fixing storm water, true accountability, true credibility, true transparency, scraping by for 25 years, the City's needs, and not knowing if the Commission made the right step tonight. 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 McCool requested that the Commission slow down as a City because there have been multiple fatalities in the City over the last little bit and she asked that everyone slow down and remember that there are people out there. She has seen distractive driving and it is really sad. Take three to five miles per hour off, look where you are going and pay attention because nothing is worth a human life. She has been throwing her purse with her phone in it in the back seat so that she cannot be tempted to mess with it while she is driving. She has heard so many resident complaints regarding speeding and in some locations 60 miles per hour. Again, she asked everyone to slow down as a City because the life that you save might be someone that you know or love, please slow down. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: Acting City Manager Peters stated the Commission was moved back on the dais and there are double to triple the number of seats in the chambers which did not come easy. He specifically wanted to point out Shawn from the Parks & Recreation (P&R) Department and City of Deltona Page 8 Printed on 4/23/2021 City Commission Minutes November 30, 2020 other employees who are the ones working on the lights that the Commission will enjoy on the way out, they got the plexiglass, did the frames and did all the work to get the Commission back on the dais and fit more citizens in the chambers. He really appreciates their efforts and something will be put in their file for their excellent efforts pulling this together in a week. 14. CITY COMMISSION COMMENTS: Commissioner Ramos gave a shout out to the fire foundation for operation Deltona Care, for everyone that participated on Black Friday by providing a toy and the slogan this year was "Raising more to help more." Commissioner McCool stated there are snowmen and a sock monkey on the dais which were made by Heather Searfoss who leaves them in carts across the City for kids to find. This is all done with her own money, she works part time at Cracker Barrel, she is selfless and everyone can learn a lot from her. She gave a special shout out to Ms. Searfoss for spreading happiness and cheer. Commissioner McCool stated regarding her lack of experience as a City Commissioner, while that is true she has worked tirelessly in the City for the last three years for residents and their quality of life. She has worked hard with each department head, learned about the City Charter, and what she should be doing as a City Commissioner. Her professionalism and her charitable work outside in the City cannot be questioned. She is for the residents and she understands what her responsibilities are as a Commissioner. She worked well with Dr. Cooper and she was miss quoted in the news paper as saying she never had an email answered by Dr. Cooper and she corrected it. There is not a time that she ever called Dr. Cooper where he did not respond. There is not a problem that she ever took to him that they did not work out. She did not agree all the time with Dr. Cooper, but she took counsel from him quite often and some times it was more about what to say than what not to say. She is thankful for her continued relationship with him. She called him after the decision was made and she asked him to please stay with the City because we need him. The decision she made as an inexperienced Commissioner became of taking counsel from people much wiser than her, her constituents, other leaders in cities, counties and sometime State management. She factored in a lot of things, but when it came down to it her opinion was about tenure and experience because she wanted someone in this role at this moment that had the experience to do things like the plexiglass on the dais which made a difference in the Commission's safety and public welfare. She takes her role seriously, she meets with the manager every week and has missed one week since she was appointed. She loves and cherishes all the residents whether in her district or not and she would like to think that the wisdom and her constituency was smart enough that they chose who to put in this seat. Commissioner McCool stated she was glad to see the young woman from Nitty Gritty here because they sweat, they work, they put both hands on the plow when it comes to doing community service and their leader. If the Commission could get behind them and find out more about them. She has worked with them on a food drop, they are tireless and they are inspired which is what the City needs a lot more of. City of Deltona Page 9 Printed on 4/23/2021 City Commission Minutes November 30, 2020 Commissioner McCool stated there is a lot of weight coming to Mr. Peters and she entrusts him with her bosses out here and their lives and her quality of life. It is her hope and her wish that the Commission bid him a fond adieu back to the water department in the next year or year and a half and that the City has a City Manager sitting right over there (pointing to Dr. Cooper) waiting. That is her dream that she is sharing, the dream of one City Commissioner. If anyone has any questions her emails are always returned, her phone calls are returned and she is sitting here because her constituency put her here. That is who she has to answer to, so thank you for that she appreciates it. Commissioner King stated he wanted to say one thing about two people. Commissioner McCool and Commissioner Sosa, in his experience they are the only two Commissioners this year running for office here that have spent the last year talking to citizens, coming to meetings, being a part of this whole process of Deltona City government and they deserve to be in the seats that they are in. He thinks that they are going to do a great job and that they are not the newbies that everybody thinks they are. He knows that from his own experience know them, talking to them, working with them, watching them talk to citizens and being part of this government system. He thanked them for what they are doing and for what they have done already. He thinks that it is too bad that some people want to talk off their shoulder without having facts behind what they say. Know that you both are doing a great job and keep it up. Commissioner Sosa stated he is really glad that staff finally got everybody back up on the dais so that more residents can be in the audience. He thanked everybody that showed up tonight and he is hoping that the City gets more and more people to come to the Commission meetings and express their concerns and suggestions. Acting City Manager Peters is always open to looking at everything. He wanted to thank some of the residents that have been sending him emails with their ideas and suggestions, he appreciates all the feedback he has been getting. Vice Mayor Bradford stated she is really saddened that anybody would try to make Commissioners McCool and Sosa think that their vote was not worthy. They, like Commissioner King said, sweat, blood and tears man. She remembers Commissioner McCool making national news for taking her stance for the City and bringing attention to changes that needed to happen in Deltona. Commissioner Sosa has been out there longer than a year pounding his feet on the ground. Until anybody ever goes out there to campaign, walks neighborhoods and is out tirelessly every night talking to residents, then you have a right to earn that seat on the dais to vote. If somebody else wants to question that they need to take their feet out there, pound that sidewalk and bring themselves up here because Commissioner Sosa earned that right. She does not always and will not always agree with what Commissioners vote on, but the Commission has to agree to disagree. She is in love with this Commission, she is so happy with the diversity of the Commission and she is excited for 2021. She knows the jokes are 2020 let's get rid of you it's covid out here we're City of Deltona Page 10 Printed on 4/23/2021 City Commission Minutes November 30, 2020 ready to move on. She is looking forward to an awesome year with everybody that is on this Commission. Let's start the year off with a lot of positive. Vice Mayor Bradford stated Brandy White has been coming up here for the last year, year and a half, and she thinks it is vital that the City gets the situation resolved. Whatever is going on, whatever needs to happen, if she needs a demand letter let her know and communicate what needs to happen so the City can move on and get this off the backs. She does not think she is the only one that is in agreement on that, so let's see what can be done to finish that up which would be her hope on that. It was brought up that Acting City Manager Peters was terminated from three positions. It may not be her place, Mr. Bellach may want to hear this, but since it was brought up on several occasions that he was terminated. The responses is that the Commission received notification prior to this going to come up and that he was being accused of being terminated so he sent the Commission an e-mail prior to this meeting and informed the Commission of all three of the positions when he left willing fully and was not terminated. She is very disappointed that a group is again, she takes it as slandering, an individual because they do not like what happened in the previous situation. To her that is defamation of character, it was wrong and honestly unless somebody has proof, other than what the Acting City Manager has sent her, with knowledge that he willingly left those positions then she takes it as defamation of character. She is really upset about that because here is a wonderful new Acting City Manager, a wonderful new Commission, the City is moving forward and to have negativity at this time is wrong. Vice Mayor Bradford stated regarding Ho, Ho, Ho, last Friday there was a Toys For Tots grand opening by Mr. Crumb who lives at 2515 Walkertown Avenue, Deltona. Every Friday and Saturday night from 7:00 p.m. to 9:00 p.m. Mr. and Mrs. Claus are out there with their little elves on the sleigh and they have a little treat bag for all the children. People can go take the kids, donate a toy to Toys For Tots, get a treat from Santa and a picture. She cannot praise this Santa enough, she is really convinced this is the real thing and she encouraged everyone to go. It was a blessing to attend and not only did she go out one night, but she had a group of kids call her begging her to take them out the next night and who could say no to going to see Santa. It is a blessing to see the kids’ faces. Vice Mayor Bradford asked for the date of Light Up Deltona and Deputy City Manager Dr. Cooper replied December 12, 2020. She hoped everyone had a wonderful Thanksgiving and she will see everyone on December 12th at City Hall from 7:00 p.m. to 9:00 p.m. She encouraged everyone to come and this is the City’s first ever drive-thru. She gave kudos to Dr. Cooper for putting this together and she is excited to see it. She thinks it is going to be a blessing to the families, the crews are working out there feverishly, the sign are out front and it is already starting to look wonderful. She wished everyone a Merry Christmas. Mayor Herzberg stated looking at some of the comments that were made and some of the accusations that were brought forth against this Commission, several members of the City of Deltona Page 11 Printed on 4/23/2021 City Commission Minutes November 30, 2020 Commission. Number one, there was a comment made that because there were two newly elected Commissioners that were not here very long they should have abstained from voting. That is not allowed, if a Commissioner wants to abstain from a vote they have to fill out a form and send it to the State, but it has to be a conflict of personal gain or abstention is not allowed. Mayor Herzberg stated second, when she was elected she was a new Commissioner and she cannot honestly say when, but one of the first few meetings another newly elected Commissioner made a motion to fire the City Manager at that time. Pretty much every single cycle, somebody comes in and fires the City Manager. Also, throughout her tenure on the dais starting when she first got elected people that were on the Commission at the time never met with the City Manager, ever. The Commissioners would get the agenda book and would sit up here on the dais and go over their stuff there. It has been that way, multiple people throughout history during the time that she has been here that have not met with the City Manager. Is it right or wrong? There are Commissioners that have chosen not to do evaluations, but it is their own moral compass as an elected official. It is what a Commissioner decides to do and what they want to put into it and Commissioners have different reasons for that. What happened the other week is not unusual, it is not new, and in her experience, it has happened multiple times over the years. The 4 to 3 vote situation was explained by City Attorney Fowler. Mayor Herzberg stated City Attorney Fowler will be addressing the letter that was received by him and the Commission. Also, what was brought up by the Vice Mayor and multiple others Mrs. White’s situation needs to be addressed and the Acting City Manager needs to be brought up to speed on that situation as well. Mayor Herzberg stated lastly, the Acting City Manager has been tasked with bringing the Commission the financial status of every department and added to that multiple Commissioners in the past and mentioned tonight that they would like to know some numbers on COVID such as how many employees were out and so on and so forth. The Commission was provided several dashboards for several different departments and she would like to know if there is a dashboard for Code Enforcement and if that is available she would like that, also for any other departments. She requested an update on transport, the allowance by the county for the second ambulance and it does not have to be an in-depth update, but just a clarification on that. At this point the City needs to move forward and stay on task. Mayor Herzberg thanked everyone for coming out tonight, it was a lively discussion. She thanked the Commissioners, it is kind of different like this, but she likes it and she is wait for the first sticky note. She wished everyone a good evening and she will see everyone on December 14, 2020. Deputy City Manager Dr. Cooper stated he wanted to make one quick correction, the City of Deltona Page 12 Printed on 4/23/2021 City Commission Minutes November 30, 2020 drive-thru lights is 5:30 p.m. to 8:30 p.m. on December 12, 2020 and the advertisement will be ready to go out tomorrow. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 9:44 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 13 Printed on 4/23/2021

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, November 30, 2020 6:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we are allowing limited public access into the Commission Chambers and practicing social distancing with the City Commission, staff and residents. 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 3:00 p.m. November 27, 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> o Under the Commission Meetings tab o Fill out the “Request To Speak” form - which will be City of Deltona Page 1 Printed on 11/25/2020 City Commission Regular Commission Meeting November 30, 2020 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. SILENT INVOCATION AND PLEDGE TO THE FLAG: 4. APPROVAL OF MINUTES & AGENDA: 5. PRESENTATIONS/AWARDS/REPORTS: 6. ORDINANCES AND PUBLIC HEARINGS: 7. OLD BUSINESS: 8. NEW BUSINESS: A. Request approval of Resolution No. 2020-71 to adopt a Temporary Personnel Policy and Procedures Manual - John A. Peters, III, PE, Acting City Manager. Strategic Goal: Personnel Management Background: The City of Deltona has been operating under a Personnel Policies and Procedures Manual that was approved by the City Manager on September 1, 2014. In a reading of the City Charter, Section 7 (2) (b) (6) refers to handling of personnel matters in accordance with a “stated Policies and Procedures.” A reasonable interpretation of this language would infer that the City Commission should approve the Personnel Policies and Procedures in order to authorize the City Manager to carry out personnel functions within the City Organization. While a new personnel policy is in development for future City Commission approval, we recommend that the Commission adopt the current “Personnel Policies & Procedures” Manual. It should be noted that Section 6.3 of this Manual requires Performance Evaluation for all employees and that this evaluation is to be used in determining salary increases, a factor in promotions, and a means of identifying City of Deltona Page 2 Printed on 11/25/2020 City Commission Regular Commission Meeting November 30, 2020 employees to be considered for promotions and transfers. Based on the requirement for Performance Evaluations, staff is committed to developing a merit based evaluation process that will be implemented by April 1, 2021 such that at least one-half of the fiscal year will include such an evaluation. In addition, staff is committed to providing a revised rewritten Personnel Policy and Procedures Manual to the City Commission in January 2021 for consideration. Attachments: Personnel Policies and Procedures Manual- rev 9-1-14 Personnel Policy - Resolution 2020-71.docx B. Request approval of Resolution No. 2020-72 to adopt a Temporary Procurement Policies & Procedures Manual - John A. Peters, III, PE, Acting City Manager. Strategic Goal: Financial Management Background: The City of Deltona has been operating under a Procurement Policies & Procedures Manual that was approved by the City Manager on April 11, 2014. In a reading of the City Charter, Section 7 (2) (b) (12) allows the City Manager to issue contracts as authorized by Commission. A reasonable interpretation of this language would infer that the City Commission should approve the Procurement Policies and Procedures in order to authorize the City Manager to carry out contract and purchasing functions within the City Organization. We are attaching the current Procurement Policy Manual along with a proposed Temporary Purchasing Manual. The current Procurement Manual allows the City Manager to sign contracts for purchasing and procurement of services in excess of their $25,000 threshold provided the funds are in the approved annual budget. The proposed Manual provides that all purchases and procurements in excess of $25,000 must come to the City Commission for approval. In addition, the proposed Manual, which borrows heavily from the Purchasing Manual for the City of Winter Gardens, designates individual Department Heads as Purchasing Managers for projects in their Departments. This is necessary to allow the City Manager to hold Department Heads accountable for maintaining the project budget and schedule. For this reason, staff recommends that the Commission adopt the proposed Purchasing Manual. Following the adoption of the proposed manual, staff is committed to a thorough internal review of the Proposed Purchasing Manual to bring back any minor changes that may be necessary by January 2021. City of Deltona Page 3 Printed on 11/25/2020 City Commission Regular Commission Meeting November 30, 2020 Attachments: Current Purchasing Manual RESOLUTION NO 2020-72 Purchasing Manual City of Deltona Purchasing Policy - November 30, 2020 C. Request approval of Resolution No. 2020-73 to adopt a COVID-19 Policy - John a Peters, III, PE, Acting City Manager. Strategic Goal: Personnel Management Background: The United States has been ravaged by the COVID-19 Pandemic that is having a dramatic impact on the economy, the deliverance of critical service and individual health. It is well documented that the nation is well within the third wave of illnesses and deaths attributed to this pandemic . As a local government with over three hundred employees who serve a community of more than 90,000 residents, it is imperative that we take measures to insure the safety and health of all. While management team has adopted internal policies regarding the City’s response to COVID-19 in the course of City business, we believe it is critical for the City Commission to approve a fundamental COVID-19 Policy that will serve as the foundation for all internal policies going forward as circumstances warrant. This Policy is modeled after the policy developed and implemented by Volusia County in June of this year. Based on a thorough review of COVID-19 Policies in place in other Governmental Agencies, we believe the proposed COVID-19 Policy strikes a fair and reasonable balance that helps to insure the health and safety of our employees and our residents being served by our employees. Attachments: COVID-19 Policy RESOLUTION NO 2020-73 - COVID Policy D. Consideration of a Contract for John A. Peters, III to serve as Acting City Manager - John A. Peters, III, PE. Background: On November 19th, 2020, the Deltona City Commission voted to terminate their Contract with the Acting City Manager, Dr. Marc Antonie-Cooper. Subsequently, the Commission voted 6 to 1 to ask John A. Peters, III to assume the role as Acting City Manager, which was later that evening accepted by Mr. Peters. Due to the unique role of the position of Acting City Manager, it is necessary to negotiate and approve a contract to memorialize the expectations and responsibilities of the Acting City Manager. Mr. Peters and the City Attorney, Skip Fowler, have met in person and telephonically on several occasions to iron out the contract that is City of Deltona Page 4 Printed on 11/25/2020 City Commission Regular Commission Meeting November 30, 2020 before you this evening. This contract includes financial matters such as salary, car allowance, retirement and benefits, evaluations that will occur every three months, normal contract languages expected for a position of this nature inclusive of methods of termination of contract, and includes a copy of the International City Manager’s Association (ICMA) Code of Ethics which is made a part of this contract. I will provide a short presentation at the meeting prior to comments from the Commissioners and the public. Attachments: Acting City Manager Contract 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 City of Deltona Page 5 Printed on 11/25/2020 City Commission Regular Commission Meeting November 30, 2020 proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 6 Printed on 11/25/2020

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