City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, February 15, 2021 6:30 PM Deltona Commission Chambers REVISED 02-11-2021 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 Commissioner King. Commissioner King introduced Fire Department Chaplain Anthony Alvarez who gave the invocation and he led everyone in the pledge to the flag. 4. APPROVAL OF MINUTES & AGENDA: None. 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Deltona - A Purple Heart City The Mayor and Commission proclaimed the City of Deltona as “A Purple Heart City” City of Deltona Page 1 Printed on 7/20/2021 City Commission Minutes February 15, 2021 honoring the service and sacrifices of out nations men and women in uniform who were wounded or killed while serving to protect the freedom enjoyed by all Americans. The Patriot Members of Volusia County Chapter 316 Military Order of the Purple Heart, U.S.A., bestowed the Military Order of the Purple Heart Special Recognition Award with pride to the City of Deltona for its dedication and support honoring American's combat wounded Veterans becoming the Purple Heart City. B. Proclamation - First Responders Appreciation Day The Mayor and Commission proclaimed Saturday, February 27, 2021 as First Responders Day at the request of the First Methodist Church of DeLand (FUMC) to acknowledge the outstanding job of our first responders. C. Presentation on the 1st year anniversary of the opening of the Medical Center of Deltona’s Hospital Tower presented by Mr. Rafael Ramirez, Marketing Development Specialist-Physician & Corporate Relations for Halifax Health. Dr. Stephen Miles, MD, FACR, Senior Vice President and Chief Quality Control Officer for Halifax Health/University of Florida Health-Medical Center of Deltona, provided a brief PowerPoint Presentation on the first year anniversary of the opening of the Medical Center of Deltona’s Hospital Tower. D. City of Deltona Year in Review 2020 - Captain Lou Marino, VSO Captain Lou Marino with the Volusia Sheriff’s Office gave a presentation of the City of Deltona Year in Review 2020 which included the Vision Statement, Compstat Principles, Part 1 Crimes, Compstat, Compstat Components, Crime Comparisons, Case Clearance, Deltona Traffic Unit, Response Times, the Year Ahead, LPR (License Plate Reader) Successes and CST (Crime Suppression Team) Highlights. The Commission and Captain Marino discussed the crimes by people from outside the City, the percentage of case clearance, the comparison from year to year, tracking mental health, Stewart Marchman, transport location, and domestic violence contributors. E. Presentation by Len Morreale - Junior Warden of the Freemasons Landmark Lodge No. 383 F.& A.M., regarding the upcoming Corn Hole event. Len Morreale the Junior Warden of the Freemasons Landmark Lodge No. 383 F. & A.M., gave a brief presentation on the upcoming corn hole event to take place at The Center from 9:00 a.m. to 3:00 p.m. on April 17th. The event is lacking a strategic partner and he asked for an in-kind donation from the City for the use of the facility so the event will become a legacy event. The Commission, staff and Mr. Morreale discussed the needs for the event, the City of Deltona Page 2 Printed on 7/20/2021 City Commission Minutes February 15, 2021 Commission determined all activities at The Center had to be paid for, reviewing the policy, the rental amount of $875, daytime inside location, other locations, reaching a deadline, this is a fundraising event, budgeted events, sponsorships, the event length, the weather, exposure to The Center, the room size needed, in-kind donation policy, the time frame a response is needed and the Acting City Manager working out an amicable solution which will be forwarded to the Commission. The Commission, staff and Mr. Morreale also discussed Commissioner agreeing to individually sponsor the event, making The Center a "community center" again and not an "event center", event funding in the budget not used, the organization paying taxes in Deltona, and wanting to see the policy for The Center. 6. ORDINANCES AND PUBLIC HEARINGS: None. 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Request for approval of Resolution No. 2021-16 with John O’Grady of Maitland, Florida, Part-Time Employment, Assist with Code Enforcement and Contract Negotiations. Acting City Manager John A. Peters, III, PE, City Manager’s Department, 386-878-8850 Strategic Goal: Public Safety Acting City Manager Peters gave a brief PowerPoint Presentation that included the Purpose of This Agenda Item, Transparency, John O’Grady, Direction and Questions. The Commission and the Acting City Manager discussed the selection process, salary requirements, direction of Code, Code Enforcement Director, rental policy, Code Enforcement Supervisors, examples of code issues, Mr. O'Grady's liability and workman's compensation, Mr. O'Grady's previous employment, Special Magistrate, search and seizure, redacted articles, obligations, actions going to take, Mr. O'Grady's experiences, unfounded and founded claims, the contract cost, the perception, processes, re-branding, uniforms and being proactive. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to approve Resolution No. 2021-16, approving a Contract with John O'Grady to assist with Code Compliance and Contract Negotiations. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. Mayor Herzberg opened the public comments. City of Deltona Page 3 Printed on 7/20/2021 City Commission Minutes February 15, 2021 Tara D'Errico, Deltona, spoke about positive changes, transparency, distrust, being encouraged, positive intent, not forgetting the past, current community perception, communicating with the community, regular meetings with the public, doing research, community relations and continuing to build them. Elbert Bryan, Deltona, spoke about being disappointed, the contract, having more direction, having an open mind, residential community, Daytona Beach and commercial tax dollars, reviewing ordinances and City Charter, rental agreement, tabling the item, having a workshop, not reporting to Commission, town hall meetings, the Commission not doing their job, and poor discussion. Resident 1776, Deltona, spoke about reviewing ordinances and City Charter, O'Grady's responses, town hall meetings, evidence, court cases, communicating with the residents, and what to look at. Brandy White, Deltona, spoke about contracts, asking hard questions, retaliation, posting articles, being flooded with posts, both sides, further research being needed, being more to this, his record in Orlando, trusting Acting City Manager, dig if concerned, hourly rate and trying to heal. Richard Bellach, Deltona, spoke about not going to Mt. Dora, the investigation, praising people, animal control, everyone lying, no respect, asking tough questions, directing the chair, a boat in the street, the Acting City Manager, sticking up for the people and the Acting City Manager being buddies with Mr. O'Grady. Yorelis Navas, Deltona, spoke about Black History Month, read quote from noble peace prize winner, choosing to do better, communication, being stronger, putting residents first, this being important to her, doing the right thing, research, the Commission reflecting on Mr. O'Grady, the community make up, enforcement, getting involved with the community and getting feedback. Mayor Herzberg closed the public comments. The Commission and Acting City Manager Peters discussed boiler plate contracts, scopes of service, Comments made, leadership, having a workshop, needing community input, VSO (Volusia Sheriff's Office) sweep report and the violations, needed changes/corrections, wanting a follow-up report, the look of the City, reviewing and enforcing Ordinances, noise, panhandling, a future for change, communication, addressing things that have not been addressed, town hall meetings and visioning sessions, the time frame to fix things, Code Enforcement shifts, fairness and priorities, the strong correlation between crime and code, and garbage issues. The motion carried by the following vote: City of Deltona Page 4 Printed on 7/20/2021 City Commission Minutes February 15, 2021 For: 5 - Commissioner King, Commissioner McCool, Commissioner Ramos, Vice Mayor Bradford, and Mayor Herzberg Against: 2 - Commissioner Avila-Vazquez, and Commissioner Sosa B. Request for approval of Resolution No. 2021-15 - Opposition to Florida Senate Bill 62 - Deauthorizing Regional Planning Councils - Acting City Manager John A. Peters, III, PE, City Manager’s Department, 386-878-8850 Strategic Goal: Infrastructure/Fiscal Issues Mayor Herzberg left the meeting at 9:15 p.m. and passed the gavel to Vice Mayor Bradford. Commissioner Ramos gave a brief explanation of the items. The Commission discussed Senate Bill 62, Home Rule, the TPO (Transportation Planning Organization), hurricane season and FEMA (Federal Emergency Management Agency) funding, special needs shelters, key items, having more authority, loss of power, private resources, medical facilities, money for special needs, funding from TPO, liability, and responsibility of doctors for their patients. Mayor Herzberg returned to the meeting at 9:18 p.m. and Vice Mayor Bradford passed the gavel back to Mayor Herzberg. The Commission discussed bills going through the legislature, available funding, qualify families, the City taking on liability, providing generator and power and not having to relocate during a storm. Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to approve Resolution No. 2021-15, expressing opposition to Florida Senate Bill 62 that calls for the Deauthorization of Regional Planning Councils. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. Mayor Herzberg opened the public comments. Brandy White, Deltona, spoke about not having enough information, what it entails, opinions, and what the bill means. Yorelis Navas, Deltona, spoke about FEMA and what they pay, FEMA State registry, special need shelters, different types of special needs, places residents cannot go, Orlando's special needs shelter, the responsibility of county's or City's, doctors authority and hospitals, looking into other cities, and the more everyone knows the better. Mayor Herzberg closed the public comments. City of Deltona Page 5 Printed on 7/20/2021 City Commission Minutes February 15, 2021 The Commission and Acting City Manager Peters discussed the difference between MPO (Metro Planning Organization) and TPO, economic development to include roads and interchanges, Federal and State funding, all the organizations being critically important, impact fees, FEMA and special needs shelters, grants, the county's responsibility, regionally taking care of West Volusia, the Governor's decisions, not trusting big government, listening to the residents, not trusting the process, the school board, groups acting for the City, tabling the item, funding directed where the State feels is important, hazardous waste, this being the first steps and that it does not have a house sponsor so it will be modified. Motion to . 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. 2021-15 was approved at 9:47 p.m. 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. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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. Yorelis Navas, Deltona, spoke about box with policies, code enforcement, having an issue, CLC (Community Learning Center), homeless, use of funding, Chapter 14 Section 121 Article 3, complying with code, cat issues, following the code, and code consistency. Elbert Bryan, Deltona, spoke about reading documentation, City Attorney salary, not caring for residents, the Commission's job, not tabling Item 8-A, the Acting City Manager, things being muddied, Mr. O'Grady's contract, City Charter review, Acting City Manager's salary, communication, due diligence, workshop direction, rental ordinance, and ordinance review. 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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. City of Deltona Page 6 Printed on 7/20/2021 City Commission Minutes February 15, 2021 11. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to approve Consent Agenda Items 11-A and 11-B. 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 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 Approved by Consent - 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. Resolution No. 2021-07 was adopted at 9:57 p.m. B. Request for approval of renewal of our 3-year agreement with Spectrum for internet, inter-site connectivity, and telephone services. - Robert Cordero (386) 878-8807 Strategic Goal: Internal & External Communication Approved by Consent - to approve the 3-year agreement with Spectrum Enterprise. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Avila-Vazquez requested to meet with Ron regarding affordable housing and she wants to find out when the next meeting is. City of Deltona Page 7 Printed on 7/20/2021 City Commission Minutes February 15, 2021 Vice Mayor Bradford requested to workshop to review the City Charter and when the last Charter Review took place. Mayor Herzberg replied about six years ago. Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to review the City Charter and to start the process for amending anything that the Commission goes through and discuss. 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 Attorney Fowler provided the terms and the process for a charter review. The Commission and Acting City Manager Peters discussed the cost, the deadline, previous City Charter Reviews, and application forms for the committee members. Vice Mayor Bradford requested to continue doing regular social service summits via Zoom and to receive updates. Commissioner McCool replied that the Acting City Manager is working on that. Commissioner King left the meeting at 10:06 p.m. and returned at 10: p.m. 13. CITY ATTORNEY COMMENTS: None. 14. CITY MANAGER COMMENTS: Acting City Manager Peters stated information was received on Friday as to how well the City did with the bond sale and the City is going to save more money than expected. He thanked the Finance Director and Deputy City Manager who started the process with the bonds before he came onboard. They put the bond team together and both were highly engaged through the process. He had to learn a lot in a short period of time. 15. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez suggested for the District Town Hall Meetings bringing in speakers within the departments to explain processes and procedures and so residents can ask them questions directly. She stated she will sit with the Acting City Manager to come up with another day to meet. Commissioner Ramos reminded everyone of the Daily Mile at Wes Crile every Tuesday and Thursday at 6:00 p.m. City of Deltona Page 8 Printed on 7/20/2021 City Commission Minutes February 15, 2021 Commissioner McCool thanked the residents for attending the meeting and for taking the time to be vocal. Starting in April she will be having District 4 Town Hall Meetings the first Tuesday of every month as well as Zoom meetings and alternative live meetings. She gave a shout out to everyone involved in the cleanup of the plaza on Deltona Blvd. She gave a shout out to Alex the owner of the supermarket there for switching from plastic bags to reusable bags, replacing Styrofoam with biodegradable containers and taking the lead on being a community leader. The Acting City Manager is working on social services, she encouraged citizens to stay tuned and she thanked everyone for participating in that. Commissioner King returned to the meeting at 10:09 p.m. Commissioner King gave a shout out to Rocco Anastasia who is a new employee, an awesome producer and he is glad he is here. He filmed for the third year in a row the Fourth Chaplain Memorial Service held on February 6th and it can be viewed on YouTube and the American Legion's Facebook page. The film is being submitted for the best Fourth Chaplain Memorial Service in the State of Florida. Vice Mayor Bradford stated the City recently welcomed Orlando Health Medical Center and she is glad the City is back to doing grand openings. The City is the first to know when new businesses come into the City and she would like the Commission to be the first to know and to have the information in the newsletter. She understands about the non-disclosures, but when businesses come in to the City staff needs to get the word out. Mr. Peters replied the App for Economic Development will include news of upcoming businesses as well as what is available. Economic development needs sewer and water and without that the City is wasting its time. When the City does this process it will have a very definitive list of where to invest to enhance development potential. Vice Mayor Bradford asked if the Recycling Task Force is still meeting and where the City is with that because recently a cabinet company made cabinets out of recycled bottles. District 2 had a code sweep and she was pleased with the results minus the parking. Everything else looks great, but the traffic was concerning. The City needs to look at amending the parking ordinance because it is not attractive and she would like to see what can be done to fix that. Mayor Herzberg stated each Commissioner does a different form of due diligence, research or has a different take on how to do their job. A lot of times things are done behind the scenes like driving around the City, research and talking to residents or other municipalities. This is a Commission of seven diverse people with different ideas. The big thing missing for a long time is the lack of trust in the different facets of the City. The residents, Commission and staff do not have trust and the City needs to build that trust. That is a big task for the Acting City Manager and by being transparent he is doing that a lot. It is also about leadership, but it takes the collective body of four (4) votes to get a lot of things done. Some say there is nothing being done, but its hard when there is no consensus, agreement or the topic gets stonewalled. There is a lot of moving parts to having seven City of Deltona Page 9 Printed on 7/20/2021 City Commission Minutes February 15, 2021 bosses with different opinions. Parking is a big problem because it has never been addressed, the response has been it goes against the code and it is a fundamental problem. There are a lot of good employees in the City that work really hard who have to sit and watch the Commission bash them. A lot of time it is not the employee, but the leadership. The leadership roles are hard and those employees have to take the hits and negativity. There is hope this time and hopefully the City can do CodeStat or CompStat for code compliance down the road once everything is reviewed. Mr. peter stated that DeBary Council Member William Sell is in attendance tonight. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 10:23 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 10 Printed on 7/20/2021