City Commission
Regular MeetingDeltona, FL · February 1, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, February 1, 2021 6:30 PM Deltona Commission Chambers
REVISED 02-01-2021
A. In an effort to reduce the possibility of exposure of residents to the
COVID-19 (Coronavirus) we have limited public seating inside the
Commission Chambers and are practicing social distancing with the City
Commission, staff and residents.
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 9 - Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Vice Mayor Bradford
Mayor Herzberg
Acting City Manager
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Mayor Herzberg.
Mayor Herzberg led everyone in the silent invocation and Commissioner King let everyone
in the pledge to the flag.
The National Anthem was sung by Emily Ruiz a 10th Grader at Pine Ridge High School.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of December 14,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
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approve the minutes of the Regular Commission Meeting of December
14, 2020, as presented. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for January 2021
The Mayor and Commission presented a video recognizing the Super Star Students for the
month of January 2021.
B. Proclamation - Jesusa Acevedo - Jesusa Acevedo Day
The Mayor and Commission presented a Proclamation for Jesusa Acevedo which was
requested by Dolores Guzman, Former Commissioner West Volusia Hospital Authority in
recognition of Ms. Acevedo’s 106th birthday.
C. ADD-ON ITEM: Proclamation in honor of Black History Month - February
2021.
The Mayor and Commission presented a Proclamation in honor of Black History Month,
February 2021 and it was presented to Felicia Benzo with the Catalyst Program.
6. ORDINANCES AND PUBLIC HEARINGS:
None.
7. OLD BUSINESS:
A. Request for approval of appointment of members to the Firefighters’
Pension Plan, Board of Trustees - Joyce Raftery, City Clerk’s Department
(386) 878-8502.
Strategic Goal: Internal & External Communication
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Ramos, to reappoint Gene Gizzi to be appointed to the Firefighters'
Pension Plan, Board of Trustees for terms to expire on January 15,
2025. The motion carried by the following vote:
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For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Mayor Herzberg opened and closed the public hearing as there were none.
Motion by Vice Mayor Bradford, seconded by Commissioner King, that
Gem Loranger be appointed to the Firefighters' Pension Plan, Board of
Trustees for terms to expire on January 15, 2025. The motion carried by
the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
B. Request approval of Resolution 2021-11 to adopt the City of Deltona
Procurement Policies & Procedures Manual.
Strategic Goal: Financial Management
Motion by Vice Mayor Bradford, seconded by Mayor Herzberg, to
approve Resolution No. 2021-11 to adopt the proposed Purchasing
Policies and Procedures Manual as presented and authorize the Acting
City Manager to sign any documents necessary to further Commission
approval of this item.
Acting City Manager Peters recommended amending the motion for clarification on Pages
42-45 should say "Department Head".
Amended motion by Vice Mayor Bradford, seconded by Mayor
Herzberg, to approve Resolution No. 2021-11 to adopt the proposed
Purchasing Policies and Procedures Manual with amendments on
Pages 44 and 45 as presented and authorize the Acting City Manager to
sign any documents necessary to further Commission approval of this
item. The amended motion carried by the following vote:
Mayor Herzberg opened and closed the public hearing as there were none.
The amended motion carried by the following vote:
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For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Resolution No. 2021-11 was approved at 6:50 p.m.
8. NEW BUSINESS:
A. Request approval of a temporary Public Record Request Protocol - Joyce
Raftery, City Clerk (386) 878-8502 and Marsha Segal-George, Assistant City
Attorney (386) 878-8872.
Strategic Goal: Internal & External Communications
Acting City Manager Peters gave a brief explanation of the item. 2 months following the
workshop and codify the current policy.
The Commission and staff discussed the public records process, public records requests,
litigation, fees, status of requests and following F.S. (Florida Statutes).
Mayor Herzberg opened the public comments.
Elbert Bryant, 1625 Joyner Drive, Deltona, spoke about public records requests, the
records department, viewing records, and workshops, specifically on Saturdays.
Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about hiding from public, long
lasting policy, and public respect.
Mayor Herzberg closed the public comments.
The Commission and staff discussed F.S. 119, transparency and policy.
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
approve the temporary Public Records Request Protocol as presented.
The Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos, Vice Mayor
Bradford, and Mayor Herzberg
Against: 1 - Commissioner Sosa
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The Commission and staff discussed the Consent Agenda, public forum, Volusia County's
protocol, and the agenda structure.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
move Consent Agenda Item 10. under New Business 8. making Consent
Agenda B, C, D, E and F under new business. The motion carried by the
following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
B. Request for approval of Resolution No. 2021-07, Budget Amendment
#2021-027 for the State Housing Initiatives Partnership (SHIP) Fund for FY
2020-21 - Camille Hooper, Director, Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues/Balanced Budget
Finance Director Camille Hooper gave a brief explanation of the item.
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor
Bradford, to approve Resolution No. 2021-07, budget amendment
#2021-027 for the SHIP Fund for FY 2020-21, to appropriate the funds for
SHIP CARES Act. The Acting City Manager has the authority to make
corrections of scrivener's errors and the like.
Mayor Herzberg opened and closed the public hearing as there were none.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Resolution No. 2021-07 was approved at 7:10 p.m.
C. Request for approval of Resolution No. 2021-08, Authorization of
Continuing On-Call Stormwater Engineering Services in an amount not to
exceed $75,000, and approval of Budget Amendment for Stormwater Fund
for FY 2020-2021 - Camille Hooper, Finance Director, (386) 878-8552.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Finance Director Camille Hooper gave a brief explanation of the item.
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Mayor Herzberg opened and closed the public hearing as there were none.
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
approve Resolution No. 2021-08, authorizing Continuing On-Call
Stormwater Engineering Services in an amount not to exceed $75,000,
and budget amendment 2021-028 for the Stormwater Fund for FY
2020-21. The Acting City Manager has the authority to correct
scrivener's errors and the like. The motion carried by the following
vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Resolution No. 2021-08 was approved at 7:11 p.m.
D. Request for approval of Resolution No. 2021-09, authorizing the issuance of
City of Deltona, Florida, Taxable Utility System Refunding Revenue Bonds
Series 2021 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goals:
Fiscal Issues - Maintain current fiscal stability, maximize alternative
funding sources
Infrastructure - Utilities - Deltona Water
Finance Director Camille Hooper introduced Mark Galvin, Regional Managing Director with
Hilltop Securities who gave a brief presentation to include Refunding Opportunities for the
City’s Outstanding Utility System Debt, Summary of the City’s Outstanding Utility Debt,
Refunding Options, Aggregate Debt Service Comparison, Recent Steps, Final Approval of
Documents by the Commission, Next Steps and Questions.
The Commission, staff and Mr. Galvin discussed bond debt, escrow, refinancing, interest,
debt service savings, rates, fitch rating, water/sewer customers, water meters, and impact
on utilities.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
approve Resolution No. 2021-09 authorizing the issuance of City of
Deltona, Florida, Taxable Utility System Refunding Revenue Bonds
Series 2021, in an aggregate principal amount not to exceed
$106,000,000, for the purpose of refunding all of the City's outstanding
Utility System Refunding Revenue Bonds, Series 2013, and Utility
System Revenue Bonds, Series 2014; pledging Net Revenues of the
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Utility System along with eligible impact fees to secure payment of the
bonds; and authorizing the Mayor and Acting City Manager to approve
documents as necessary to complete the refunding. The Acting City
Manager has the authority to make corrections of scrivener's errors and
the like.
Mayor Herzberg opened the public hearing.
Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about not receiving direct
answers.
Mayor Herzberg closed the public hearing.
The motion carried by the following vote:
For: 5 - Commissioner Avila-Vazquez, Commissioner McCool,
Commissioner Ramos, Vice Mayor Bradford, and Mayor
Herzberg
Against: 2 - Commissioner King, and Commissioner Sosa
Resolution No. 2021-09 was approved at 7:42 p.m.
E. Request for approval of Resolution No. 2021-10, approving the form of
documents related to the City of Deltona, Florida Taxable Utility System
Refunding Revenue Bonds, Series 2021 - Camille Hooper, Finance
Director- (386) 878-8552.
Strategic Goals:
Fiscal Issues - Maintain current fiscal stability, maximize alternative
funding sources
Infrastructure- Utilities - Deltona Water
Finance Director Camille Hooper gave a brief explanation of the item.
Mayor Herzberg opened the public hearing.
Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about refinancing, stability, continually
making bonds, sustainable government, debt, principle vs. reality, rates, previous
Commission, projects, correcting the past, voice of reason, and paying the debt.
Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about rates, not getting
answers, lowering rates, Commission needing to do something and the residents.
Mayor Herzberg closed the public hearing.
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The Commission and staff discussed poor management, low interest rates, reinvesting in
homes, home value, rates, and correcting past errors.
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
approve Resolution No. 2021-10, approving the form of official notice of
bond sale and official bid form, the form of preliminary official
statement, bond purchase agreement, continuing disclosure certificate,
and escrow deposit agreement for the issuance of City of Deltona,
Florida, Taxable Utility System Refunding Revenue Bonds, Series 2021,
with an aggregate principal amount not to exceed $106,000,000. The
Acting City Manager has the authority to correct scrivener's errors and
the like. The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos, Vice Mayor
Bradford, and Mayor Herzberg
Against: 1 - Commissioner Sosa
Resolution No. 2021-10 was approved at 7:52 p.m.
F. Affirmation by the City Commission of two (2) re-elected representatives
from the firefighters’ pension members by the firefighters’ pension
members which is done by ballot - Joyce Raftery, City Clerk Department
(386) 878-8502.
Strategic Goal: Internal and External Communication
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to affirm the two (2) re-elected representatives from the
firefighters' pension members, Kurt Vroman and John Fleemin, by the
pension members for a four (4) year term to expire on January 15, 2025.
Mayor Herzberg opened and closed the public hearing as there were none.
The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
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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.
Elbert Bryan, Deltona, spoke about being confused, Consent Agenda, Volusia County,
driving to work, 36 accidents on Howland Blvd., changing an intersection, crosswalks, law
suit, standing up for something and doing the right thing.
Commissioner McCool left the meeting at 7:56 p.m. and returned at 7:57 p.m.
Doug MacDonald, 1494 Surrey Run Court, Deltona, spoke about affordable housing and
apartments, lot sizes, other municipalities, current apartments, supporting seniors,
comprehensive plan, making the community open, cost of new housing, and excluding
seniors.
Jennifer Chasteen, District 6, Deltona, spoke about her Commissioner being responsive
and taking action, topic of "maybe", debt, refinancing, blessing boxes and rules, money
sitting around, and food drive.
Charleen Smith, District 2, Deltona, spoke about animal control, disregarding animal
welfare, dog left outside and numerous inspections, the dog kennel, adequate shelter,
animal welfare experts, suitable dog house, state law, she read a section of the code and a
Florida Statute, failing to act and demanding more.
Birgit Kiessling, 1401 Ferendina Drive, spoke about animal control, calls, code officers,
requirements for position, her encounters with code, Facebook posts, finding a cat, call
back times, VCSO (Volusia County Sheriff's Office) being called, dog being tethered,
trespassing, and wanting action.
Brooke Light, 1031 Matterhorn Street, Deltona, spoke about helping a cat, attendance at
meeting, pregnant cats, TNR (Trap Neuter Release), resources, some things are working,
and glad to see things progressing.
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:
At the request of the Acting City Manager Consent Agenda Items 10-A through 10-E were
moved under New Business and became Items 8-B through 8-F.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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Commissioner McCool requested a consensus on moving forward discussing about the
litigation of Brandy White’s case.
The Commissioners and staff discussed claims, reaching a settlement, litigation, realistic
expectations, protocols, agenda the item, meeting with management, what is being asked
for, the time frame of the claim, removing the felony charge, taking the initiative, the
insurance company, prior management, protecting the City, having a shade meeting,
addressing grievances and having policies.
Commissioner McCool requested that Ms. White sit down with the City Attorney
and Acting City Manager, relatively quickly, decide the next steps in the process
and bring that back to the Commission and the Commission concurred.
Commissioner Sosa stated that a Diane from District 6 couldn’t not attend but wants to
make everyone aware that April 11th through the 17th is National Public Safety
Communications week and she is doing a fundraiser for our local 911 call center
employees. Diane is looking to purchase our Volusia County operators a make and take
mason jar set which is ideal for them to have as a quick meal or snack. She is looking to
raise $4000 between now through March 8th and if anyone is interested in donating to this
cause, please email Diane at distevewax@live.com.
Vice Mayor Bradford requested a workshop on the TNR (Trap, Neuter, Release) and the
tethering law and following the ordinances in place. She requested to assist with the
program by having an adoption list if possible and Mayor Herzberg recommended
contacting a member of the TNR program who will provide the information on the foster
system.
Vice Mayor Bradford requested a "traffic comps" for the intersection of Howland Blvd. and
Halifax Health. Acting City Manager Peters recommended Ron Paradise to work with TPO
(Transportation Planning Organization) on a study and a traffic overlay plan for that area.
Commissioner Ramos provided an update on the TPO meeting held last week and the
three projects that are inline for part of the FDOT (Florida Department of Transportation)
tentative five year work plan. One is Fort Smith which is Elkcam Blvd. to Providence Blvd.
paved shoulders with an estimated budget of +/- $1,000,000 projected for years
2022-2023. Second is the Providence Blvd. Perimeter Drive to Alexander Ave. projected
for this year 2021-2022. Lastly, the extension of Providence Blvd. to Tivoli Dr. to Joyner Dr.
expected dates of 2025-2026. Also, regarding imbedded lights the State money received
has been sent out to bid already and the money received through the TPO is in the process
of being bid creating about +/- $1.5-2 million. The City is sitting on the Tourist Development
Council because of an Ordinance per Volusia County as the largest City sitting on the
council. He gave his appreciation to the Acting City Manager for having Economic
Development Director Jerry Mayes present the ECHO Development Program that lets
tourists know current events on the west side.
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Commissioner Avila-Vasquez stated all the things that the Freemasons Landmark Lodge
No. 383 F. & A.M. has recently provided to the community and she requested the City
partner with the organization for their Annual Cornhole Tournament presented by the lodge
and in return all proceeds will go back to the community.
The Commission and staff discussed discretionary funds, sponsorship requests, events,
missing information, reviewing requests individually, the Sheriff's sponsorship, Mt. Dora’s
events and legacy events, creating an event fee structure, in-kind donations, and following
policies and procedures.
After discussion, the Commission concurred they wanted more information and
to have Acting City Manager Peters collaborate with Parks and Recreation
Director Ryan Reckley on the event, see what was already discussed, and email
the Commission on the status.
Mayor Herzberg provided an update on the Elected Officials Roundtable to include the
closing of all private tag companies in Volusia County. The Tax Assessor position was
always under Volusia County because it was a charter county, but with Amendment 10 the
Sheriff is a constitutional officer as is the Tax Assessor. The new Tax Assessor was elected
so now the budget went from a budget of about $5,000,000 to $15,000,000. When there is
a tax assessor position that is separate there cannot be any private entities that charge
extra for the same things a person can get through the government. The Tax Assessor is in
the process of hiring more staff internally to be able to handle the additional work. The
second item is at that meeting she was elected as the new Chairman and Mayor Nancy
Miller of Daytona Beach Shores was elected as the Co-Chairman, both for one year terms.
The meetings are by-monthly and were held at the airport, but right now they are held in
DeLand for social distancing reasons. The Volusia League of Cities has been doing virtual
dinner meetings and in March there will be another one. The board also made the decision
to move the annual banquet in May to either the Brannon Center or The Center at Deltona
and move it to September because of COVID. Team Volusia had an executive board
meeting and announced that their annual meeting held in January has been pushed off
because of COVID. They are looking to have it at The Center in the middle of March as a
hybrid meeting or possibly all virtual if needed. For all the past controversy over The Center
it has been shown to be the premier venue because of its space for social distancing.
Lastly, she gave a shout out to Joe Hearn for the great job he did on the last meeting of
Team Volusia, everybody was comfortable and many stated what a great job that was
done.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
Acting City Manager Peters thanked staff for putting together the workshop held on
Saturday and the City even received compliments from a Council member from the City of
DeBary, as well. He thanked Phyllis Wallace, Ron Paradise and Jerry Mayes for their
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involvement with getting the lights turned on at The Center by dealing directly with Duke
Energy. He was concerned to see after the retirement party for Former Commissioner
Nabicht that there were no lights on the street leading to The Center even though there are
lights there. There are projects that are not directly in the City, but are going to have a huge
impact in the City. First is the widening of Veterans Memorial Parkway from Rhode Island
Road to Graves Avenue. Second, Howland Blvd. and Graves Avenue which is confusing,
but it is the realignment of Kentucky Avenue where it will go from Veterans Memorial
Parkway to Graves Avenue to make an "s" curve to line up with Martin Luther King Jr. Blvd.
on the DeLand side of S.R. 472. Lastly, the Saxon Blvd. and interchange evaluation. In
addition there is a project called the Saxon Interchange Evaluation which is the vehicle the
City is using to try to justify the Rhode Island Interchange. Lastly, the I-4 Beyond Ultimate is
back in the plan.
He stated next week there will be a workshop where Economic Development Manager
Jerry Mayes will make a presentation on the City's new app for eco-tourism.
14. CITY COMMISSION COMMENTS:
Commissioner King stated the American Legion in Deltona is back at the Texas
Roadhouse in Orange City on the first Thursday of every month from 4:00 p.m. to 9:00 p.m.
and 10% of all the receipts collected that evening goes to the American Legion’s programs.
One of the yearly programs is the Four Chaplains Memorial Ceremony to remember the
four chaplains that gave their life jackets up on the ship SS Dorchester and went down with
the ship. There were 907 people on the ship and only 263+/- survived after being torpedoed
by a German U-boat. The memorial will be Saturday, February 6th 2021 at 6:30 p.m. in the
Fellowship Hall at Deltona Lakes Baptist Church, 2886 Elkcam Blvd. and it is open to the
public, people will be wearing masks and social distancing.
Commissioner McCool stated she was asked when the social services forum will be
starting up again and she will be brining that up with the Acting City Manager in the next
couple of weeks. She thanked the Acting City Manager for all of his hard work and moving
the City forward these last two months.
Acting City Manager, Peters stated that reminded him that at the next meeting he will be
presenting three different evaluation forms for the Commission's consideration and with the
idea that the three month evaluation will take place in March.
Commissioner McCool thanked the residents for their input, voicing their concerns,
attending meetings, being tireless advocates, taking care of people and their quality of life.
Lastly, she would like to publicly apologize to Mayor Herzberg and her fellow
Commissioners for the comments made at the last meeting. She is learning a lot about
decorum, restraint, pen and tongue and what she says. Although she does not believe in
censoring herself, she does believe there is a right and wrong way to do things. At that
meeting the comment was made after a controversial subject and when she spoke of
everyone having their own agenda she did not mean that in a nefarious way or to attack or
undermine what she felt and respect about her fellow Commissioners. It was not a reflection
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of her respect for them and each Commissioner tries to make decisions based on what is
best for the citizens based on the information provided and how each of the
Commissioners interpret that information. She is learning how to govern herself so that she
never causes disrespect the dais, her personal beliefs or the residents. If she offended the
Mayor or any Commissioners she asked that they accept her apology as that was never the
intent.
Commissioner Ramos asked that the county be involved with the social service submit
because the county has a lot of resources to piggyback. Also, it is his understanding that
the Tax Collector is looking into bringing a full service office to the City. As it relates to
things that are happening at "The Hub" or Wes Crile Park, an all-inclusive fitness station is
being built thanks to an ECHO Grant and it is similar to what is at Dewey O. Booster Park.
Starting February 9th at 6:00 p.m. is the Daily Mile which happens every Tuesday and
Thursday and it is free. Lastly, the City provides a scholarship and the deadline for
applications for those student who live in the City is February 12th at 5:00 p.m. and
applications can be found on www.deltonafl.gov.
Mayor Herzberg thanked the Commissioners, the general public, Acting City Manager
Peters and the legal team. As 2021 starts the struggles may seem the same, but everyone
in the City, especially the leadership team, has been working hard during the pandemic.
This is a big City, we have great staff, and a good leadership team. For the amount of
information that is been coming out she really appreciates all the information that has been
sent to this Commission. She thinks all the sins of the past, for lack of a better phrase, will
slowly be cleared up including the water rates and everything. A lot of times people think
they are doing the right thing like when the City bought the water company. People think
they are catering to residents by promising not to raise the water rates for five or 10 years,
but that ends up putting the City in the position that it is in now. When a person sits on this
dais and sits in the chairs of the Charter Officers there are hard decisions to make and it is
very easy to say that the Commission will not pass any of that on, but what it does is cause
a snowball effect. The result is the situation the City has right now and where there are
mandates from the State that were not there 20 or 15 years ago that the City has to pay for.
From her perspective and she thinks the Commission's perspective the Commission does
not take this lightly because they too are residents of the City and have to pay that debt
also. Every decision that the Commission makes affects everyone and the Commissioners
would not be sitting up here if they did not care about and love this City. So always keep
that in mind, what may not appear to be the popular choice affects all of us in every way,
shape or form. She firmly believe this Commission, every one of them may be different, but
the each Commissioner cares about the City of Deltona.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:20 p.m.
______________________________
Heidi K. Herzberg, MAYOR
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ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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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, February 1, 2021 6:30 PM Deltona Commission Chambers
REVISED 02-01-2021
A. In an effort to reduce the possibility of exposure of residents to the COVID-19
(Coronavirus) we have limited public seating inside the Commission Chambers
and are practicing social distancing with the City Commission, staff and
residents.
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 have limited public seating inside the Commission
Chambers and are 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. on January 29, 2021 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
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City Commission Regular Commission Meeting February 1, 2021
peak>
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 Mayor Herzberg.
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 December 14,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: December 14, 2020 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for January 2021
Background: Super Star Student of the Month awards for January 2021 will be
presented to:
1. Discovery Elementary - Matai Kwamina
2. Timbercrest Elementary - Katlyn Sexton, 2nd grade
3. Deltona Lakes Elementary - Terell Long
4. Enterprise Elementary - Gavin Roberson, Kindergarten
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5. Friendship Elementary - Aaliyah Justiniano
6. Osteen Elementary - Sophia Micale
7. Pride Elementary - Daliana Black, 5th grade
8. Spirit Elementary - Marcellus Whitley, Kindergarten
9. Sunrise Elementary - Cecilia Cook, 3rd grade
10. Deltona Middle - Aden Andrews, 6th grade
11. Galaxy Middle - Jeremy Burgo, 6th grade
12. Heritage Middle - Timothy Gronke, 7th grade
13. Pine Ridge High - Juliana Campbell
14. Deltona High - Julie Kinner, 12th grade
Attachments: SuperStars January 2021.docx
B. Proclamation - Jesusa Acevedo - Jesusa Acevedo Day
C. ADD-ON ITEM: Proclamation in honor of Black History Month - February 2021.
Background: The Proclamation is being presented in honor of Black History Month,
February 2021.
6. ORDINANCES AND PUBLIC HEARINGS:
7. OLD BUSINESS:
A. Request for approval of appointment of members to the Firefighters’ Pension
Plan, Board of Trustees - Joyce Raftery, City Clerk’s Department (386)
878-8502.
Strategic Goal: Internal & External Communication
Background: At the Regular Commission Meeting held on January 4, 2021 the
Commission tabled this item in order to consider a member of the
City’s Finance Department for the appointment.
The terms of two (2) citizen members of the Firefighters’ Pension Plan,
Board of Trustees, Gene Gizzi and Janet Deyette, expire on January
15, 2021. Mr. Gizzi has indicated that he would like to be re-appointed.
The Board openings have been advertised via press releases, posting
on the City’s website and DTV. The following individuals have
submitted applications for consideration of appointment to this Board:
Gene Gizzi, Mari Leisen, Robert B. Lindemann and Gem Loranger.
In accordance with the City’s Code of Ordinances, Sec. 46-28(a), “The
board shall consist of five members, two of whom, unless otherwise
prohibited by law, shall be legal residents of the City who shall be
appointed by the governing body of the City, and two of whom shall be
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City Commission Regular Commission Meeting February 1, 2021
a full-time firefighter as defined in F.S. §175.032, who shall be elected
by the majority of the active firefighters who are participants in the plan.”
Attachments: Member List - FPP Board
Application - Gene Gizzi
Application Mari Leisen
Application - Robert B Lindemann
Application Gem Loranger
B. Request approval of Resolution 2021-11 to adopt the City of Deltona
Procurement Policies & Procedures Manual.
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. The temporary Manual approved by the City Commission on
30 November 2020 requires that all purchases and procurements in
excess of $25,000 must come to the City Commission for approval. At
that time, staff committed to develop a final version of a City
Procurement Policies & Procedures Manual for City Commission
consideration at a later date.
After a thorough review by staff, we are presenting a final version of the
Procurement Policies and Procedures Manual that closely mimics the
original Manual with a renewed emphasis on the need for Commission
approvals, greater accountability to Department Heads, and updates of
certain financial thresholds in State Statutes.
Attachments: RESOLUTION NO 2021-11 Purchasing Manual
PROCUREMENT POLICIES AND PROCEDURES MANUAL - January 2021
8. NEW BUSINESS:
A. Request approval of a temporary Public Record Request Protocol - Joyce
Raftery, City Clerk (386) 878-8502 and Marsha Segal-George, Assistant City
Attorney (386) 878-8872.
Strategic Goal: Internal & External Communications
Background: The City Attorney worked with the custodian of the records for the City
of Deltona which is the City Clerk. The City has been operating under
this public records request protocol that was approved by the previous
City Manager using Florida Statutes Chapter 119.07 on September 7,
2017. This protocol sets out how the City must provide documents to
meet the mandates of the Public Records Act. This protocol was
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developed to make sure that the City provides what is required by the
law.
A future workshop on public records laws will take place and staff will
be providing a revised rewritten Public Records Request Protocol to
the City Commission for consideration. At this time, we recommend
that the Commission adopt the current Public Records Request
Protocol.
Attachments: PRR Protocol Revised 01-22-2021
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:
A. Request for approval of Resolution No. 2021-07, Budget Amendment
#2021-027 for the State Housing Initiatives Partnership (SHIP) Fund for FY
2020-21 - Camille Hooper, Director, Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues/Balanced Budget
Background: The City received an initial allocation of $300,338 from the Florida
Housing Finance Corporation (FHFC) in September 2020 and a total
of $326,468 in October and November 2020. This budget amendment
to increase the budget by $326,468 for the SHIP CARES Act.
Attachments: 2021-07 - Resolution - Budget Amendment 027 FY20-21 SHIP
2021-027 SHIP
B. Request for approval of Resolution No. 2021-08, Authorization of Continuing
On-Call Stormwater Engineering Services in an amount not to exceed $75,000,
and approval of Budget Amendment for Stormwater Fund for FY 2020-2021 -
Camille Hooper, Finance Director, (386) 878-8552.
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Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Background: The City selected vendors to provide Continuing On-Call Stormwater
Engineering Services with RFQ PW-2020-08. The Stormwater
Division anticipates the need for additional services in FY 2020-21 in
excess of the Acting City Manager’s approval limit and available
budget. Staff requests approval of On-Call Stormwater Engineering
Services in an amount not to exceed $75,000.
Staff also requests approval of the related budget amendment for the
Stormwater Fund for FY 2020-21 to cover the anticipated costs. The
budget amendment is detailed in attached Exhibit A
Attachments: 2021-08 Resolution - Stormwater Engineering Services and Budget Amendment
FY 2021 General SW Engineering Services Proposal_Rev 20210122
C. Request for approval of Resolution No. 2021-09, authorizing the issuance of
City of Deltona, Florida, Taxable Utility System Refunding Revenue Bonds
Series 2021 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goals:
Fiscal Issues - Maintain current fiscal stability, maximize alternative funding
sources
Infrastructure - Utilities - Deltona Water
Background: The City has two utility bond issues currently outstanding: Utility System
Refunding Revenue Bonds, Series 2013, and Utility System Revenue
Bonds, Series 2014.
The 2013 Series currently has outstanding aggregate principal of
$67,300,000. These bonds mature annually through 2039, with interest
rates ranging from 4.00% to 5.125%. These bonds are callable on
October 1, 2023.
The 2014 Series currently has outstanding aggregate principal of
$20,290,000. These bonds mature annually thorough 2044, with
interest rates ranging from 3.00% to 5.00%. These bonds are callable
on October 1, 2024.
The current low interest rate environment presents the City with an
opportunity to reduce annual interest payments and improve the Utility ’s
cash flow. At its September 28, 2020 workshop the Commission was
presented with two potential options to advance refund Series 2013
and Series 2014 with additional cash flow savings. Option 1 proposed
a refunding of both series with the current maturity dates unchanged .
Option 2 proposed a refunding of both issues and extension of the final
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maturities on both issues to October 1, 2050.
The Commission identified Option 2 as the preferred option and gave
consensus for staff to proceed with the refunding. Based on market
conditions as of January 7, 2021, the potential cash flow debt savings
through 2029 is estimated to be $1.6 million per year with a present
value savings over the life estimated at $2.8 million.
Attachments: 2021-09 Master Utility Bond Resolution Deltona Taxable Utility Refunding Ser 20
D. Request for approval of Resolution No. 2021-10, approving the form of
documents related to the City of Deltona, Florida Taxable Utility System
Refunding Revenue Bonds, Series 2021 - Camille Hooper, Finance Director-
(386) 878-8552.
Strategic Goals:
Fiscal Issues - Maintain current fiscal stability, maximize alternative funding
sources
Infrastructure- Utilities - Deltona Water
Background: The City has two utility bond issues currently outstanding: Utility System
Refunding Revenue Bonds, Series 2013, and Utility System Revenue
Bonds, Series 2014.
The 2013 Series currently has outstanding aggregate principal of
$67,300,000. These bonds mature annually through 2039, with interest
rates ranging from 4.00% to 5.125%. These bonds are callable on
October 1, 2023.
The 2014 Series currently has outstanding aggregate principal of
$20,290,000. These bonds mature annually thorough 2044, with
interest rates ranging from 3.00% to 5.00%. These bonds are callable
on October 1, 2024.
The current low interest rate environment presents the City with an
opportunity to reduce annual interest payments and improve the Utility ’s
cash flow. At its September 28, 2020 workshop the Commission was
presented with two potential options to advance refund Series 2013
and Series 2014 and attain additional cash flow savings. Option 1
proposed a refunding of both series with the current maturity dates
unchanged. Option 2 proposed a refunding of both issues and
extension of the final maturities on both issues to October 1, 2050. The
Commission identified Option 2 as the preferred option and gave
consensus for staff to proceed with the refunding.
The Financing Plan for Series 2021 has 30-year, fixed rate bonds
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City Commission Regular Commission Meeting February 1, 2021
structured to refund Series 2013 and Series 2014 and extend the term
of the refunded bonds to October 1, 2050. Based on market conditions
as of January 7, 2021, the potential cash flow debt savings through
2029 is estimated to be $1.6 million per year with a present value
savings over the life estimated at $3.3 million.
Approval of this Resolution formally authorizes the following:
· Form of bond purchase agreement (Exhibit A)
· Form of preliminary official statement (Exhibit B)
· Form of continuing disclosure certificate (Exhibit C)
· Form of escrow deposit agreement (Exhibit D)
· Municipal Bond Insurance Commitment (Exhibit E)
Attachments: 2021-10 Series Resolution Deltona Taxable Utility Refunding 2021
Exhibit A - Bond Purchase Agreement City of Deltona_Taxable Utility Refunding
Exhibit B - Preliminary Official Statement City of Deltona Taxable Utility Refundin
Exhibit C - Continuing Disclosure City of Deltona Utility Refunding Ser 2021
Exhibit D - Escrow Deposit Agreement - City of Deltona Taxable Utility Refunding
Exhibit E - Municipal Bond Insurance Commitment - City of Deltona Taxable Utili
E. Affirmation by the City Commission of two (2) re-elected representatives from
the firefighters’ pension members by the firefighters’ pension members which is
done by ballot - Joyce Raftery, City Clerk Department (386) 878-8502.
Strategic Goal: Internal and External Communication
Background: Per Chapter 46 of the City of Deltona Code of Ordinances, specifically
Section 46-28 - Board of Trustees (below), a request for member
nominations was distributed requesting self-nomination for the two (2)
member appointed seats and the only two (2) received were from the
current members Kurt Vroman and John Fleemin.
Per Chapter 46 of the City of Deltona Code of Ordinances, specifically
Section 46-28 - Board of Trustees:
(a) The sole and exclusive administration of and responsibility for the
proper operation of the plan and for making effective the provisions of
this article are hereby vested in a board of trustees. The board is
hereby designated as the plan administrator. In the city, there is hereby
created a board of trustees of the fund, which shall be solely
responsible for administering the fund. The board shall consist of five
members, two of whom, unless otherwise prohibited by law, shall be
legal residents of the city who shall be appointed by the governing body
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City Commission Regular Commission Meeting February 1, 2021
of the city, and two of whom shall be full-time firefighters as
defined in F.S. 175.032+, who shall be elected by the majority of
the active firefighters* who are participants in the plan.
Attachments: Election Results - December 2020
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
the meeting date and time at (386) 878-8500.
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