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City Commission

Regular Meeting

Deltona, FL · February 1, 2021

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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 City of Deltona Page 1 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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: City of Deltona Page 2 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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: City of Deltona Page 3 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 4 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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. City of Deltona Page 5 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 6 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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. City of Deltona Page 7 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 8 Printed on 5/27/2021 City Commission Minutes February 1, 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. 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: City of Deltona Page 9 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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. City of Deltona Page 10 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 11 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 12 Printed on 5/27/2021 City Commission Minutes February 1, 2021 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 City of Deltona Page 13 Printed on 5/27/2021 City Commission Minutes February 1, 2021 ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 14 Printed on 5/27/2021

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, 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 City of Deltona Page 1 Printed on 2/1/2021 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 City of Deltona Page 2 Printed on 2/1/2021 City Commission Regular Commission Meeting February 1, 2021 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 City of Deltona Page 3 Printed on 2/1/2021 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 City of Deltona Page 4 Printed on 2/1/2021 City Commission Regular Commission Meeting February 1, 2021 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. City of Deltona Page 5 Printed on 2/1/2021 City Commission Regular Commission Meeting February 1, 2021 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 City of Deltona Page 6 Printed on 2/1/2021 City Commission Regular Commission Meeting February 1, 2021 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 City of Deltona Page 7 Printed on 2/1/2021 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 City of Deltona Page 8 Printed on 2/1/2021 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. City of Deltona Page 9 Printed on 2/1/2021

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