City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, March 1, 2021 6:30 PM Deltona Commission Chambers 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 Vice Mayor Bradford. Vice Mayor Bradford introduced Nick Pizza with Pizza Ministries who led everyone in the invocation and Commissioner King led everyone in the pledge to the flag. The National Anthem was sung by Zoe Frye a 10th Grade student at Pine Ridge High School. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of January 4, 2021, 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 7/20/2021 City Commission Minutes March 1, 2021 approve the minutes of the Regular Commission Meeting of January 4, 2021, 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 February 2021 The Mayor and Commission presented Certificates of Recognition to the Super Star Students for the month of February 2021. 6. ORDINANCES AND PUBLIC HEARINGS: 7. OLD BUSINESS: A. Discussion of Acting City Manager Evaluation Form - Acting City Manager John A. Peters, III, PE, City Manager’s Department, 386-878-8850. Strategic Goal: Internal and External Communication Acting City Manager Peters gave a brief explanation of the item. The Commission and staff discussed the types of evaluation forms. Mayor Herzberg opened the public comments. Tara D’Errico, Deltona, spoke about the Acting City Manager, evaluation forms, and comprehensive evaluations. Elbert Bryan, Deltona, spoke about evaluation forms, constructive criticism, staying in the same place, and taking a step forward. Mayor Herzberg closed the public comments. Motion by Commissioner Ramos, seconded by Commissioner McCool, that the Commission agree to the evaluation "combo" to be used for the Acting City Manager. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The Commission and staff discussed the evaluation combo and feedback. The motion carried by the following vote: City of Deltona Page 2 Printed on 7/20/2021 City Commission Minutes March 1, 2021 For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg The Commission and staff continued to discuss evaluations, having an agenda item for the Acting City Manager’s evaluation, transparency, addressing issues, and having a deadline for evaluations. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, that once the deadline of the evaluations are turned in by the second week of April that it be an agenda item. 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. Discussion of Potential Settlement with Brandy White - Acting City Manager John A. Peters, III, PE, City Manager’s Department, 386-878-8850. Strategic Goal: Internal and External Communication Acting City Manager Peters gave a brief explanation of the item. Brandy White, Deltona, discussed the settlement, Civil Lawsuit, Color of Law, City’s Law Firm, Counseling, Jane Shang and the impact of the settlement. Mayor Herzberg opened the public comments. Tara D’Errico, Deltona, spoke about the settlement, protecting citizens, Whistleblower Protection Act and Whistleblower Enhanced Protection Act, Brandy White and a gap in the community. Joy K., spoke about Brandy White’s settlement, responsibility of the City, previous City Manager, using law enforcement and making changes. Yorelis Navas, Deltona, spoke about Brandy White, Code Enforcement, protecting her family, policies and procedures, settling Brandy White’s case, moving forward and she thanking the Acting City Manager. Donald Freeman, 2929 Nobleton St., Deltona, spoke about Brandy White’s case, Acting City Manager Peters doing the right thing, Jane Shang and City Commission rectifying mistakes. City of Deltona Page 3 Printed on 7/20/2021 City Commission Minutes March 1, 2021 Resident 1776, Deltona, spoke about government, tyranny, Brandy White’s settlement, prior restraint, chill speech, restoring liberty, monetary compensation, special magistrate and lawyers. Richard Bellach, Deltona, spoke about Sheriff Mike Chitwood, City Attorney, City Commissioners, Jane Shang, Brandy White, doing the right thing and Brandy White’s settlement. Chrissy Larsen, Deltona, spoke about Brandy White and the settlement. Mayor Herzberg closed the public comments. The Commission and staff discussed the settlement, monetary compensation, Sheriff Chitwood and citizens' tax dollars. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, that the agreement goes back to the drawing board and it is not brought back to the Commission until it is settled and both parties are in agreement. The Commission and staff continued discussing the settlement, negotiation, counseling, City’s insurance company, changes in the settlement, lawsuit process, shade meetings and monetary compensation. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to call the question. 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 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 8. NEW BUSINESS: None. City of Deltona Page 4 Printed on 7/20/2021 City Commission Minutes March 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. 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. Joy Kittrell, spoke about her absence from meetings, political charges, her weight, watching from home, attending in tears, her family, code officers, abused residents, the Sheriff's actions, sex trafficking, providing video to the Sheriff, children in danger, trusting the Sheriff and to contact her for more information. Lelia, spoke about having a bad year, ducks, Brandy White, trash, dumpsters, Mayor's Town Hall Meeting, Waste Pro contract, illegal dumping, tipping fees, recycling fees, where funds are going, refunding residents, placement of dumpsters, holiday and spring dumpsters, littering, lake cleanup and the senior league at Dupont Lakes Park. Kathy Bryan, Deltona, spoke about residential construction dumpsters, trash on construction sites, code sweeps, inspectors reporting issues, being run by insurance and not government, using microphones, evaluations and the results, average the parameters and compile results for public comment, the combo form, not being too personal, and thoughts and considerations. Resident 1776, Deltona, spoke about Brandy White, City Hall videos, the City Attorney, Veterans, City cameras, nothing to hide or secure, door card swipes and key pads, the Commission, the City Clerk and giving the Acting City Manager direction. Richard Bellach, Deltona, spoke about his complaint with Sheriff Chitwood, being a circus, City's insurance company, Commissioners recusal, Jane Shang, nobody taking a position, Brandy White, being human, protecting the City, the City Attorney, and the water department. Brandy White, Deltona, spoke about Charter Officer evaluations, no plan, a settlement offer, dialog with developers, personal problems, compensation, her expenses, expunging records, counseling, not being about the money, number six and the wording, things needing to be done and being an activist. Yorelis Navas, Deltona, spoke about friendly faces, Facebook, being outspoken, being active, Commissioners being responsible and scared, trash, recycling and containers, cat and dog issues, TNR Program and the cost, re-evaluating the TNR Program, volunteering, Brandy White and insurance companies. Tara D'Errico, Deltona, spoke about being a mild person and Brandy White. Donald Freeman, 2929 Nobleton St., Deltona, spoke about Brandy White, Jane Shang, City of Deltona Page 5 Printed on 7/20/2021 City Commission Minutes March 1, 2021 loosing his job, not being part of a group, loving the City, board members and the process, government organizations, disparaging remarks and vetting board members. 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. 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 Commissioner Avila-Vazquez, seconded by Commissioner Ramos, to approve the Consent Agenda. 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 the program year 2019-2020 CDBG Consolidated Annual Action Performance and Evaluation Report (CAPER) - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610 Strategic Goal: Internal and External Communication - Conduct a needs assessment for social services and communicate resources for public benefit. Approved by Consent - to accept the 2019-2020 Consolidated Annual Action and Performance Evaluation Report and direct the Acting City Manager to transmit the Report to the U.S. Department of Housing and Urban Development. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Vice Mayor Bradford requested a workshop to review board member applications and how City of Deltona Page 6 Printed on 7/20/2021 City Commission Minutes March 1, 2021 to handle complaints against board members, grievance from. Mayor Herzberg requested to look into board appointments, aside from attendance, and see if the City has any recourse for the removal of board members and what is that procedure. She also requested a legal opinion on how that could be done. Vice Mayor Bradford requested to have a dumpster in her district for bigger items like washers for spring cleaning. Mayor Herzberg suggested tying that to the sweeps. Acting City Manager Peters replied he would like to talk to Waste Pro with regards to next year's budget about a Spring and Fall cleanup. A week or two will be designated in the Spring and Fall where residents could put larger items out to the curb during that time frame and the items would get picked up. Vice Mayor Bradford also asked if there was a program for move-ins/move-outs and Acting City Manager Peters replied no, but he would look into it. Vice Mayor Bradford requested an evaluation form, similar to the Acting City Manager's, for the City Attorney. Vice Mayor Bradford requested contact information for residents who want to report contractors not covering the property as they should be and Acting City Manager Peters replied he made a note, staff has been more aggressive and there is a specific contractor which is having financial issues, but staff is taking care of things like port-o-potties. Vice Mayor Bradford requested the status of the recycling committee. Vice Mayor Bradford requested that ordinances and processes are in place regarding ADA (Americans with Disabilities Act). Also, she requested an explanation of why a public records request for video is not being released. Acting City Manager Peters replied with regards to ADA there was a requirement that by March 15, 2011 municipalities had to have a plan for how they would address their deficiencies and by March 15, 2012 municipalities had to be well on their way to implementing it. The City did have a transition plan, but the City did not follow through with it. Staff is in the process of putting an RFQ (Request For Quote) together for a consultant who will go through the City's facilities and note the deficiencies so they can be included in the CIP (Capital Improvement Program). The Federal government requires that cities show that they are making progress and Title II is the one that affects the City. Acting City Manager Peters replied the second element has to do with records and recently there has been a significant amount of public records requests which has been shutting down the City at time. He hired a former police investigator to go through public records requests to determine how the City is doing on that process. Acting City Manager Peters stated that at the next workshop there will be a discussion on decorum to include how to conduct meetings and the treatment of residents. Two issues is the right of the citizens' regress against government and his requirement with regards to City of Deltona Page 7 Printed on 7/20/2021 City Commission Minutes March 1, 2021 Federal labor laws, a hostile environment and complaints against charter officers. Vice Mayor Bradford requested to speed up the process of looking into the allegations made regarding ADA because she does not want the issue to drag on. Acting City Manager Peters replied the investigator will be here on Wednesday. Commissioner Sosa requested to meet with Brandy White tomorrow morning to try and get her issue resolved as soon as possible because she has a deadline and it needs to be done within a timely manner. Commissioner Sosa requested to know where the City stands on Mr. Siew's case with regards to waiving his fees and providing him his due process. Acting City Manager Peters gave a brief explanation of the case to include his meeting with Mr. Siew and Liberty Justice, the history of the case, the ADA process, the Special Magistrate process and fines accrued. Commissioner Sosa requested that Mr. Siew have his due process and his turn at the special magistrate meeting. Acting City Manager Peters replied he will check to see if there is a process to take something back to the Special Magistrate for reconsideration and Commissioner Sosa stated he thinks that is reasonable. Commissioner Sosa requested to release the video which he looked at and if there are sensitive portions of the video it should be blacked out. Acting City Manager Peters replied he requested a legal opinion regarding Federal labor laws and the rights of citizens. Once the investigation is done if the investigator believes there is no security issues he will be happy to release it, but until he has that assessment he is not comfortable releasing it at this time. Commissioner King requested consensus to have a workshop to re-look at the TNR (Trap Neuter Release) Program to try and make it work. Acting City Manager Peters replied staff is going to do a series of town hall meetings in each district concerning code enforcement and animal control. This will allow residents to speak to their concerns and Mr. O'Grady will be making a series of recommendations to include animal control so staff is working on it. Commissioner McCool requested that if a doctor's letter is required for ADA accommodations then what needs to be included in that letter and the Commission, the staff and the residents need to understand it. The City needs someone outside the City that is an ADA specialist. Commissioner Avila-Vazquez requested that the Acting City Manager look into placing extra dumpsters around the City for residents provided they can show proof of residency. Commissioner Avila-Vazquez discussed the issue with the port-o-johns at construction sites and she requested to not mix TNR with the town hall meetings. City of Deltona Page 8 Printed on 7/20/2021 City Commission Minutes March 1, 2021 Mayor Herzberg stated all the things discussed tonight, especially ADA and public records which have statutes behind them, Federal and State Laws. There will be a workshop on public records and the City needs to following Florida Statutes. Regarding ADA, the City needs to hire an ADA competent attorney so that it is someone from the outside to look at what is going on. Someone can ask for exceptions, however, there is a burden of proof for those exceptions that the person must provide. Commissioners are not the judge and jury to decide over a State or Federal regulation and it could get the Commissioner(s) in a lot more trouble than they think. The Commissioners are not ADA experts and she asked for consensus to direct the Acting City Manager to find someone that is well versed and has a legal background in ADA. Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to direct the Acting City Manager to find someone that is well versed and has a legal background in ADA. The Commission clarified that the person should be a licensed professional, competent in ADA, a Federal ADA compliance specialist, and who can clearly state the legal process and what is required to have an ADA exception. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Against: 1 - Commissioner King 13. CITY ATTORNEY COMMENTS: None. 14. CITY MANAGER COMMENTS: None. 15. CITY COMMISSION COMMENTS: Commissioner Sosa stated that the Acting City Manager Peters has not been here very long, he is doing a good job so far, but there are certain issues that he will not agree with him on. The best thing for the City is to have someone who specializes in ADA matters to come in to guide the City going forward. Commissioner Avila-Vazquez stated thanks everyone for coming out tonight. She wished Dr. Cooper the best in his new job and she appreciates everything he has done for the City. Commissioner McCool recognized some community volunteers in the audience for their City of Deltona Page 9 Printed on 7/20/2021 City Commission Minutes March 1, 2021 important work. She gave a shout out to Sara Webb from the Daytona Subaru Group for collected food. She reminded everyone to not litter. Commissioner King reminded everyone to watch out for motorcycles because bike week starts this week and goes through to March 14th. He will have a whole platoon of U.S. Navy SEAL members meeting at the house to ride together. On April 9th the American Legion will have their Law and Order Luncheon Awards and Ceremony where they will honor the Law Officer, Firefighter and EMS of the Year. When Yoyo and her son are out and about it is apparent that her son is disabled. People see him out and about, but he is a disabled Veteran. There is a difference between how he looks and the way someone else looks. Just because a person can see that a person in a wheelchair is disabled does not mean a person should ask him why he is disabled just because it is not obvious. He believes it is Federal law that states that a person cannot ask another person what their disability is. The City has to comply to what they need and it is the City's business to see that all citizens get the same treatment. Vice Mayor Bradford stated there was a Zoom meeting with SWAT (Students Working Against Tobacco) last week and the past president passed an ordinance that people under 21 cannot smoke. These high school kids put together a presentation and sent over a sample ordinance that they would like the City and Volusia County to accept. She will provide the information the manager who will forward it to the rest of the Commission and she would like to discuss it at an upcoming meeting. There was a great discussion tonight and in four and a half years she loves this Commission. This Commission is amazing, Commissioners have learned to agree to disagree and she feels like this Commission is able to move forward and get things resolved which is a reflection of the leaders. She thanked Acting City Manager Peters who always takes her calls and responds to residents. She thanked the manager and all the Commissioners on the dais. Mayor Herzberg wished Vice Mayor Bradford a Happy Birthday. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 9:26 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 10 Printed on 7/20/2021 City Commission Minutes March 1, 2021 City of Deltona Page 11 Printed on 7/20/2021