City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, June 7, 2021 6:30 PM Deltona Commission Chambers REVISED 06/03/2021 10:03 AM 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: 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 Pastor Ricardo Rodriguez from Centro Internecinal de la Familia de Deltona who led everyone in the invocation and he led everyone in the pledge to the flag. The National Anthem was sung by Shannon White a teacher at Youth Performing Arts Training Center. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of February 1, 2021, as presented. - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 1 Printed on 9/21/2021 City Commission Minutes June 7, 2021 Motion by Commissioner Ramos, seconded by Commissioner Avila-Vazquez, to approve the minutes of the Regular Commission Meeting of February 1, 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. Proclamation - Immigrant Heritage Month The Mayor and Commission presented a proclamation to recognize the month of June as Immigrant Heritage Month and recognizing the generations of immigrants from every corner of the globe. B. Presentation - The Rotary Club of DeBary-Deltona-Orange City update with special recognition to Commissioner Victor Ramos. Presented by Pat Northey. Sherry Simmons and Former Council Woman Pat Northey gave a brief update on the Rotary Club of DeBary-Deltona-Orange City with a special recognition to Commissioner Ramos. C. City of Deltona crime stats - Sheriff Chitwood, Volusia Sheriff’s Department. Strategic Goal: Internal & External Communication Sheriff Chitwood with the Volusia Sheriff’s Department gave a brief presentation on the City’s crime stats. The Commission and Sheriff Chitwood discussed an incident regarding the metal detector, the deputy not doing anything wrong, defunding the police, answering to constituents, supporting the Sheriff's Office, settling the issue peacefully, the Mark Brehner show, inaccurate information, video, trust and verification, Commissioner Sosa's campaign, working as a team, having an open relationship with VSO (Volusia Sheriff’s Office), apologizing statements made, moving the City forward, removing the metal detectors, victims of trauma, not dictating someone's response, political theater, a police study, the Sheriff's leadership and his deputies, Florida League of Cities Advocacy Committee, Sheriff being a constitutional officer, recent incidents, and the Sheriff's participation throughout the county. 6. ORDINANCES AND PUBLIC HEARINGS: City of Deltona Page 2 Printed on 9/21/2021 City Commission Minutes June 7, 2021 A. Public Hearing - Ordinance No. 03-2021- Amending and revising the provisions of Chapter 46 Article 11, Firefighter’s Pension Plan, of the Code of Ordinances of the City of Deltona by Amending Section 46-29, Finances and Funding Management; Amending Section 46-31, Contributions; Amending Section 46-33, Benefit amounts and eligibility; Amending Section 46-34 Pre-Retirement Death; Amending Section 46-35, Disability, Amending Section 46-44, Minimum Distribution of Benefits; Providing for Compliance with Chapter 2019-21, Law of Florida; Providing for Compliance with the Secure Act; Providing for Codification; Providing for Severability of Provisions; Repealing all Ordinances in conflict herewith and providing an effective date. - John Peters, Acting City Manager, (386) 878-8850. Strategic Goal: Fiscal/ Internal/External Communication Acting City Manager Peters gave a brief explanation of the item. Mayor Herzberg opened the public hearing. Kurt Vroman, spoke about being present to answer questions. Mayor Herzberg closed the public hearing. Motion by Commissioner Ramos, seconded by Commissioner King, to adopt Ordinance No. 03-2021 at first reading and schedule second and final reading for June 21, 2021. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: The City Attorney read the title of Ordinance No. 03-2021 for the record. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, BY AMENDING AND REVISING THE PROVISIONS OF CHAPTER 46, ARTICLE II, FIREFIGHTERS’ PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF DELTONA BY AMENDING SECTION 46-29, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 46-31, CONTRIBUTIONS; AMENDING SECTION 46-33, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 46-34 PRE-RETIREMENT DEATH; AMENDING SECTION 46-35, DISABILITY; AMENDING SECTION 46-44, MINIMUM DISTRIBUTION OF BENEFITS; PROVIDING FOR COMPLIANCE WITH CHAPTER 2019-21, LAWS OF FLORIDA; PROVIDING FOR COMPLIANCE WITH THE SECURE ACT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City of Deltona Page 3 Printed on 9/21/2021 City Commission Minutes June 7, 2021 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 Ordinance No. 03-2021 was approved at 7:29 p.m. 7. OLD BUSINESS: None. 8. NEW BUSINESS: A. Discussion regarding metal detector/wands during Commission meetings - John A. Peters, III, PE, Acting City Manager (386) 878-8858. Strategic Goal: Public Safety Acting City Manager Peters gave a brief explanation of the item. The Commission discussed Jane Shang, safety issues, seeing weapons and hearsay, Commission fears, not needing metal detectors, weapons in a government meeting, citizens not abiding by the laws, Bills going through approval, staff being attacked, hostility of the crowds, metal detectors being at airports and other locations, lost resident participation due to hostility, what the past reflects and law-abiding citizens. Mayor Herzberg opened the public comments. Elbert Bryan, Deltona, spoke about taking a poll on Facebook, 72 people wanting them to stay, law abiding citizens, people that cannot be trusted, Jane Shang, crime stats, Sheriff's intimidation, 24 people wanting them removed, officers being trained, the world today, cost of insurance, standing at the podium, and having nothing to be afraid of. Tara D'Ernco, Deltona, spoke about what was said, this being a tough decision, no right or wrong answer, being a law-abiding citizen, how many weapons have been stopped, and finding a way in with or without the metal detector. J.P. Pelletier, Deltona, spoke about being law abiding citizen, have a pen knife removed, the world today, people with ill intent, people being emotional and hoping to come back. Kathy Bryan, 1625 Joyner Drive, Deltona, spoke about people with a hot head, making the rules clear, not having a knee jerk reaction to things, letting the Acting City Manager do his job, the process and having choices. Richard Bellach, Deltona, spoke about the stories, Jane Shang, rezonings, treatment of City of Deltona Page 4 Printed on 9/21/2021 City Commission Minutes June 7, 2021 people, deputy presence, not having witnesses. Manny Rodriguez, 1376 Azora Drive, Deltona, spoke about confrontational crowds, feeling secure, having a metal knee, the P&Z (Planning & Zoning) Board not having protection, talking out of both sides of your mouth, other meetings with no deputies or metal detectors. Brandy White, Deltona, spoke about staff being attacked during a meeting, and CompStat meetings. Mayor Herzberg closed the public comments. Vice Mayor Bradford requested to have Acting City Manager Peters review the P&Z Board meetings and other contentious meetings. Acting City Manager Peters replied staff is trying to have metal detectors at all meetings and Commission workshops. Commissioner King requested clarification on the law with regards to firearms because in Florida Statutes (F.S.) nothing states metal detectors at any other meeting accept those listed. Mayor Herzberg replied that to her understanding metal detectors are at any public hearing. After discussion, the Commission concurred to have staff look at Florida Statutes regarding firearms at meetings and report back to the Commission. B. Request for approval of Resolution 2021-26 to set aside $200,000 of General Fund balance for legal fees in anticipation of the Hickory Oaks subdivision lawsuit. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Acting City Manager Peters gave a brief explanation of the item. Mayor Herzberg opened the public comments. Richard Bellach, Deltona, spoke about this being a lot of money, not understanding the item, the developer paying the costs and handling the law suit, tax payers money, lying, not trusting the Commission, Jane Shang, 189 home development, and Volusia County officials attending the meetings. Brandy White, Deltona, spoke about what does City Attorney do and cover, asking for a legal opinion and getting answers before the vote. Mayor Herzberg closed the public comments. Acting City Manager Peters stated this particular lawsuit has three elements which is why staff is asking for the $200,000. The actual lawsuit is two parts, one is the rezoning and the City of Deltona Page 5 Printed on 9/21/2021 City Commission Minutes June 7, 2021 decision that was made which will be covered by the developer's attorney. The second component has to do with the lack of availability of a provision under state law in the City's ordinances. That particular part of the lawsuit had a five-day response requirement. Staff did not have time to allow the developer's attorney to get involved at that point and the City had to take an affirmative response within the five-day period. The last thing is, at the very end of the lawsuit is a demand by the complainant that the City pays for all their legal expenses and since staff does not know what those legal expenses would be, while staff does not think the City will be responsible for it, it is in the lawsuit and staff has no control over how much money that would be. It is imperative and fiduciarily responsible for the City to set aside enough money. If the money is not spent the money will return back to the source that is came from. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Ramos, to recommend approval of the of the budget transfer to move $200,000 from General Fund Balance to litigation for anticipated legal expenses, and upon approval authorize the Acting City Manager to execute the budget transfer. 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 C. Consideration of appointment of five members to the Charter Review Committee - Acting City Manager John A. Peters, III, P.E., City Manager (386) 878-8858. Strategic Goal: Internal & External Communications Acting City Manager Peters gave a brief explanation of the item to include advertising, needing five appointments, and the lowest scoring applicants being appointed. Commissioner Sosa asked if there would be any alternate members and Acting City Manager Peters stated he would leave that up to the Commission, but he would recommend one to two alternate members. Motion by Commissioner Sosa, seconded by Commissioner Avila-Vazquez, for the Charter Review Board to have the top five members selected and then add the next two highest alternates to the list. Commissioner McCool suggested tabling the item so that an application can be created specific to the Charter Review Committee and to include the person's experience level, how City of Deltona Page 6 Printed on 9/21/2021 City Commission Minutes June 7, 2021 many meetings have they attended, and their involvement in the community. 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 The Commission and Acting City Manager discussed having existing applicants fill out the new application, accepting new applicants or not, the 60 day advertising time, and moving forward today. Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to table this particular item until such time as the Commission have been able to talk with the Acting City Manager regarding just a little more in-depth application for this position. Amended motion by Commissioner McCool, seconded by Vice Mayor Bradford, tabling the item to time certain to Tuesday, September 7, 2021. The amended motion carried by the following vote: For: 4 - Commissioner King, Commissioner McCool, Vice Mayor Bradford, and Mayor Herzberg Against: 3 - Commissioner Avila-Vazquez, Commissioner Ramos, and Commissioner Sosa D. Discussion regarding the Special Magistrate’s contract - Acting City Manager John A. Peters, III, P.E., Acting City Manager (386) 878-8858. Strategic Goal: Internal & External Communication Commissioner Ramos left at 8:25 p.m. and returned at 8:27 p.m. Acting City Manager Peters gave a brief explanation of the item. The Commission and staff discussed the term of appointment and the process, Commission approval annually, his interpretation of the resolution, budget approval, giving the City Manager wide discretion, wide ranging motions giving the City Manager authority, purchasing process and contracts, second year is subject to funding as part of the budget process, relying on staff for information, having a legitimate contract with the Special Magistrate, typical two or three year contracts with options for more, and having a legally binding contract. Mayor Herzberg opened the public comments. City of Deltona Page 7 Printed on 9/21/2021 City Commission Minutes June 7, 2021 Elbert Bryan, Deltona, spoke about Special Magistrate's budget, budget discrepancies, bringing up any issues and hearing none for 25 years, hearing no issues throughout the year, being in front of the Special Magistrate, and liking the board better. Richard Bellach, Deltona, spoke about looking out for constituents and Commissioner Sosa sticking to his guns. Brandy White, Deltona, spoke about not being aware, overall approval of the budget, items being over road by the budget, following the resolution, reviewing the contract and bringing it forward, over riding contracts, having questions, and asking similar questions regarding ordinances. Mayor Herzberg closed the public comments. Mayor Herzberg explained the previous motion made and the last sentence of the motion. She talked about the electronic sign for Veterans Park, items approved in the budget, transparency, policies and procedures, the old process verses the new process, and bringing contracts forward to the Commission in the future. E. Legislative intent to modify the process for liens to an administrative process - Acting City Manager John A. Peters, III, P.E., Acting City Manager (386) 878-8858. Strategic Goal: Internal & External Communications Commissioner Sosa left the meeting at 8:47 p.m. and returned at 8:49 p.m. Acting City Manager Peters gave a brief explanation of the item. Mayor Herzberg opened the public comments. Michael Williams, 2889 Cottageville Street, Deltona, spoke about running his business, the term of the liens, and examples of liens. Mayor Herzberg closed the public comments. Acting City Manager Peters gave a detailed explanation of the lien process. Commissioner Avila-Vazquez left the meeting at 8:51 p.m. and returned at 8:53 p.m. Motion by Commissioner McCool, seconded by Commissioner Ramos, that Acting City Manager Peters and staff draft an ordinance to bring back to the Commission in order to change the code. The motion carried by the following vote: City of Deltona Page 8 Printed on 9/21/2021 City Commission Minutes June 7, 2021 For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg F. Resignation of Acting City Manager. - John Peters, III, PE, Acting City Manager (386) 878-8850. Strategic Goal: Effective Governance and Productive Government Acting City Manager Peters gave a brief explanation of the item, the Code of Ethics, interference and the definition, Social Media, his professional standards, serving the public, having trust issues, and he went over the options provided. The Commission and staff discussed following Acting City Manager Peters into the fire, stirring the jar, not following but leading, interference in procedures, being a hypocrite, having patience with newer Commissioners, Acting City Manager Peters can and wants to do the job, the Commission not allowing Acting City Manager Peters to do his job, motion to demote Dr. Cooper, trusting the Acting City Manager, Commissioners bringing issues directly to the manager, the chain of command, employees with PTSD (Post Traumatic Stress Disorder), training for employees, the stability of the City, reliable staff, the manager's evaluation, putting out fires, residents' issues, the D.A.V.I.D. (Driver and Vehicle Information Database) system, interference and residents' rights, the City Charter, never quitting, the Commission believing in the manager. Motion by Commissioner King, seconded by Mayor Herzberg, to table this decision in regards to the resignation of the Interim City Manager until the first meeting in January, 2022, to allow ample time for him to reconsider his request for resignation and to allow this Commission and its members sufficient time to more clearly understand their authority and their duties, the duties and authority of the City Manager and that position and to in good faith show their willingness to work together to move this City of Deltona forward. The Commission and staff discussed Commissioner McCool’s apology, not hearing from Commissioner Sosa, repeating mistakes, training for Commissioners, Commissioners not wanting to change, the weakness of the Charter, charter review process, staff abiding by rules and regulations, correcting errors, accountability, conversations in public, repeating history, pride, withdrawing the resignation, revisiting the charter, and addressing a lot of things in Acting City Manager contract. Mayor Herzberg opened the public comments. Doug MacDonald, 1494 Surrey Run Court, Deltona, spoke about sad what put ACM City of Deltona Page 9 Printed on 9/21/2021 City Commission Minutes June 7, 2021 through, ACM ready to walk out, being a Commissioner, the City Charter, blame, and Dr. Cooper owed money. Michael Williams, 2889 Cottageville Street, Deltona, spoke about calling out Vice Mayor, accepting resignation, ACM being a lame duck, shower ACM with praise, and Former Building Official. Elbert Bryan, Deltona, spoke about heated arguments, 15 managers, open door policy, Commissioners looking in the mirror, City Charter, re-voting for Item 8-C, Virginia Tech, Zoom, and the Commission resigning. Tara D'Errico, Deltona, spoke about reconsidering the resignation, transparency, retaining Mr. Peters, and having integrity. Richard Bellach, Deltona, spoke about Mr. Peters treating him fair, development two party law suit, and options. Kathy Bryan, 1625 Joyner Drive, Deltona, spoke about Mr. Peters' energy, stuff getting done, contention, backing the residents, the medical field, hearsay, Commissioners rights, years of experience, and having plans. Manny Rodriguez, 1376 Azora Drive, Deltona, spoke about being like a circus, Commissioners creating the problem, having one employee and failing him, Commissioners circumventing the process, begging Mr. Peters to stay, and honoring the ACM request. Elizabeth Chavez, Deltona, spoke about the bible, not having trust, wanting the City to flourish, being a sad night, not trusting Mr. Peters, this not being long term, letting Mr. Peters go, honor Mr. Peters' honesty, what goes on behind closed doors, answering emails, new leadership, and Mr. Peters not wanting the job. David Santiago, 2631 Eustace Avenue, Deltona, spoke about Commissioners ideas, deep conversations and advise, the right reasons, working with every City Manager, Mr. Peters' ideas, the City being a showcase for others, blame thrown, great debates, political theater, working with Mr. Peters more, and agitators' dictating policy. Brandy White, Deltona, spoke about trust and accountability, putting out fires, failing to address issues, Commission not being innocent, a resident's comments, supporting Mr. Peters, the popular vote, not blaming Mr. Peters for going, and comments that should of been made three years ago. Mayor Herzberg closed the public comments. Motion by Commissioner Ramos, seconded by Commissioner Avila-Vazquez, to extend the meeting to 11:15 p.m. The motion carried by the following vote: City of Deltona Page 10 Printed on 9/21/2021 City Commission Minutes June 7, 2021 For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg Commissioner King reread the motion and Acting City Manager requested to change "Interim" to "Acting" because that is his title and the word interim does not apply to him. 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 Against: 2 - Acting City Manager, and City Attorney Mayor Herzberg stated that should the Acting City Manager come into this situation again where he feels he has one or multiple Commissioners pressing him on an issue or to go down a rabbit hole that takes an extreme amount of his time to bring those issues forward and let the “body” of the Commission weigh in on that and she gave examples. Acting City Manager Peters stated following the intent of the motion made by Commissioner King it is important to revisit the City Commission’s policies and procedures to address these things. There needs to be a process where there is open discussion when agitating the jar (ants in the jar). He and the Commission have shown they can work together. Part of his commitment is that he will look at ways to work better as a team. All the nice things that were said about him this evening in large part is the staff. Staff takes on a lot, he has great deal of respect for staff and we just need to get through a process of handing issues before they turn into a problem. There comes a point where the City has to turn a corner and head into the future. He is willing to work with the Commission on that process, lets see what the future holds in January and in the meantime lets see what we can do to make the City better. 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. However, individual Commissioners may wish to respond under their "City Commission Comments". 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. Robert Trombetta, 439 Golden Arm Road, Deltona, spoke about the residents demeanor, agreeing or not agreeing with Commissioners, Commissioners campaigning, residents running for office, proof of bribes, different priorities, apologies, political signs, and Hillsborough County. City of Deltona Page 11 Printed on 9/21/2021 City Commission Minutes June 7, 2021 Michael Williams, 2889 Cottageville Street, Deltona, spoke about bad press, News Journal editor, Dr. Cooper's law suit, DeLand City Manager, dais wanting to run the City, addressing issues, agreeing and disagreeing, working through issues, not being vindictive, his shovel, wishing Mr. Peters the best, moving the City forward, Deputy City Manager, delegating, and his success. Commissioner McCool left 10:32 p.m. and returned at 10:34 p.m. Elbert Bryan, Deltona, spoke about crime stats, Sheriff deescalating issues, Sheriff losing respect, Sheriff's comments, filling the room with deputies, intimidation, Indians, City Charter item, warning the Commission and the consequences, and giving the Commission a fight. Kathy Bryan, 1625 Joyner Drive, Deltona, spoke about the friends of the library plant sale, not having a green thumb, local donators, delaying the City Charter review, City Charter being weak, the metal detector and the process, knee jerk reactions, behavior tonight, Sheriff's reaction, name calling and complimented Commissioner Ramos. Alvin Mortimer, spoke about first responders, Sheriff's accusations, two or three sides to a story, Pat Northey, Sheriff oversight, civilians not having a microphone, citizen review board, Deltona's issues, putting things to the side, Comp Stat, having power, and he has not started yelling yet. Brandy White, Deltona, spoke about crime stat presentation, public comment, deputies in attendance, trust and verify, threatening removal, respect, answering questions, and video footage. Elizabeth Chavez, spoke about jobs and services, good news, non-profits, food drives, Lions Den, drugs and crime, car theft, not having a youth outlet, rules applying to Commissioners and residents, forums or counselors, and volunteering. Mayor Herzberg called a recess 10:57 p.m. and reconvened at 11:04 p.m. 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. Marvin Heemeyer, Felton Street, Deltona, spoke about the upcoming July 4th carnival, food vendors, small businesses, and the event details. City of Deltona Page 12 Printed on 9/21/2021 City Commission Minutes June 7, 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. Mayor Herzberg stated Item 11-B would be pulled for discussion. Motion by Commissioner King, seconded by Commissioner Ramos, to approve Items 11-A, 11-C, 11-D and 11-E . 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. 2021-25 to appropriate a $6,000 donation received from AdventHealth and budget $6,000 to pay for youth basketball jerseys. - Mari Leisen, Finance Department (386) 878-8553. Strategic Goals: Fiscal Issues Approved by Consent - to approve the budget amendment to appropriate the AdventHealth donation and budget the funds to purchase the youth basketball jerseys, and upon approval authorize the Acting City Manager to execute the budget amendment. The Acting City Manager has the authority to correct scrivener’s errors and the like. B. Request for approval of planned celebration for July 4th City event to include a Carnival - Ryan Reckley, Parks & Recreation Department (386) 878-8902 Strategic Goal: On-going projects Parks & Recreation Director Ryan Reckley gave a brief explanation of the item. The Commission and staff discussed fireworks, the event being on the 4th, shutting down carnival during fireworks, carnival lasting 4 days and extend the time of the event. Motion by Commissioner Ramos, seconded by Commissioner Avila-Vazquez, to approve Item 11-B. The motion carried by the following vote: City of Deltona Page 13 Printed on 9/21/2021 City Commission Minutes June 7, 2021 For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg C. Request approval to award ITB# PW 2021-03 to Lux Solar, Inc. in the amount of $824,035.00 for the construction of the Deltona Embedded Crosswalk Lighting Project Re-Bid. - Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Infrastructure/Transportation Approved by Consent - to approve the award of ITB# PW 2021-03 to Lux Solar, Inc. in the amount of $824,035.00 for the construction of the Deltona Embedded Crosswalk Lighting Project Re-Bid. The Acting City Manager is the authority to make corrections to scrivener’s errors and the like. D. Request for approval of the Municipal Utility Installation and Reimbursement Agreement with Doyle Road Land Investments, LLC. (Courtland Park Subdivision) for the Force Main upsize on Doyle Road in connection with Courtland Park Subdivision.- Steven Danskine, Public Works/Deltona Water (386) 878-8998. Strategic Goal: Public Utilities Approved by Consent - to approve the Municipal Utility Installation and Reimbursement Agreement with Doyle Road Land Investments, LLC. (Courtland Park Subdivision). The Acting City Manager has the authority to make corrections to scrivener’s errors and the like. E. Request for support for the County $129,365 expenditure of the Fiscal Year (FY) 20/21 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) - John A. Peters, III, P.E., Acting City Manager (386) 878-8858. Strategic Goal: Fiscal Issues - Other grants. Approved by Consent - to support and otherwise approve the proposed $129,365.00 County allocation of Justice Assistance Grant funding for the Stewart Marchman Act Adult Drug Court program and direct the Mayor to sign the letters of support. The Acting City Manager has the City of Deltona Page 14 Printed on 9/21/2021 City Commission Minutes June 7, 2021 authority to make corrections of scrivener’s errors and the like. 8-C Consideration of appointment of five members to the Charter Review Committee - Acting City Manager John A. Peters, III, P.E., City Manager (386) 878-8858. Strategic Goal: Internal & External Communications Mayor Herzberg stated there was a discussion and request to bring back Item 8 - C. Motion by Commissioner McCool, seconded by Commissioner Ramos, for the Commission to vote this evening and for the Commission to turn their slips in to move the Charter Review Board forward. 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 The Commission and Acting City Manager Peters discussed the process, alternate members, and ranking all 10 applicants. Motion by Commissioner Ramos, seconded by Commissioner Avila-Vazquez, to extend the meeting to 11:35 p.m. 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 Mayor Herzberg asked if the Commission could move on to "City Commission Special Reports and Requests" while staff is tabulating the charter applicants and the City Attorney replied yes. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Sosa stated the Commission decided to retain the metal detector and he requested a policy and procedure for it. Acting City Manager replied he already made a note to do that and also to put a placard out there explaining the process to people who enter the meetings. Commissioner Sosa asked if there was anyone that did press releases for the City or a public relations official that can respond when a Commissioner gets attacked on social media or in the news. Someone that would get the Commissioner's side of the story and respond back to negative comments on social media and the media. Acting City Manager replied yes, the City has a PIO (Public Information Officer) and staff is working on a process in which that person can respond, however, it needs to be in the form City of Deltona Page 15 Printed on 9/21/2021 City Commission Minutes June 7, 2021 of a policy that will be brought back to the Commission once some guidelines are developed. Commissioner Sosa stated with regards to other elected officials attacking Commissioners, is there somebody in the public relations department who can head that off before it gets to where it got to today. Acting City Manager Peters replied he would have to think on that one. 13. CITY ATTORNEY COMMENTS: None. 14. CITY MANAGER COMMENTS: None. 15. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez stated that she has a few answers to questions that were addressed by some of the residents, one of them was the comment she made when she voted to keep the security out front and she mentioned the staff being attacked during her vote. Commissioner Avila-Vazquez stated the attacks are not physical, but verbal attacks that can be very intimidating and some are afraid to walk out the door just by what they are told. The Commission is worried about the staff, but she was not referring to a physical attack and was referring to a verbal attack and that is her explanation as to why she made that comment when she voted to keep security. She stated that she listens to the residents’ comments and that she discusses things that need to be addressed and changed with Acting City Manager Peters to see what can be done to comply with the residents’ questions. She also follows the instructions of the Acting City Manager on how changes are to be done. She thanked the staff who helped put the hurricane event together and had happy visitors who walked away with a free weather radio. Commissioner Ramos stated that Parks and Recreation Department started the Youth Basketball League on Saturday June 5th and had over 180 girls and boys participating, Flag Football is starting on Saturday June 12th at Wes Crile, and on Thursday June 24th also at Wes Crile at 7:00 PM is the Animal Control Workshop. Commissioner McCool stated that everyone should go to the Deltona Community Gardens, look at the beautiful improvements that have been made, get involved go help pick up and that it is a great community thing that everyone should see. Commissioner King invited everyone to Harris M. Saxon Community Center on June 9th over on California St. where he will be having an Animal Control Town Hall Meeting at 7:00 p.m. and that he already emailed the residents of District 1. Commissioner McCool thanked everyone who came out on Memorial Day to Veteran’s Park and she is very glad that such a crowd was out for that event. It was probably the largest group of people at that park since it opened and she apologized for the lack of shade and difficulty hearing. She stated those problems will be solved for next year’s event. A distinguished disposal of the American Flag ceremony will be happening at the park on City of Deltona Page 16 Printed on 9/21/2021 City Commission Minutes June 7, 2021 June 14th at 10:00 a.m. where flags will be burned which is the proper way of doing that during that ceremony. Vice Mayor Bradford stated that she and others reported the Political “F” signs that were along the road to Acting City Manager Peters and he replied there is nothing staff can do about them and he will elaborate on that when she is done. She apologized for not being at the meeting, but she was exposed to COVID. She discussed missing the meeting with Acting City Manager Peters because someone insinuated that she did not want to be there and would purposely try to skip a meeting. She followed the same protocol that any other staff member would follow. She is excited about the carnival idea for July 4 th and is very proud of the staff and what they have all pull together. Mayor Herzberg stated that herself, Commissioner Avila-Vazquez and Commissioner Ramos attended the Property Appraiser’s Real Estate Value Seminar and it was very interesting to see multiple presentations not just from the Property Appraiser, but the entire Florida area and it is very interesting to see what is coming into the State. The Memorial Day event was amazing and it was the most people she has seen in all these years the City has been doing events there. She encouraged the Parks & Recreation Department and Acting City Manager that when the City has events to have some sort of a portable audio system so that it is easier for the audience to hear. She gave a shout out to the Deltona TV (DTV) crew for getting the event on DTV and YouTube and she thinks it is something that the City needs to promote. She is impressed with staff’s quality, presentation and hard work and she specifically thanked Rocco Anastasio, Video Communication Producer, and Caitlyn Foster, Internet Video Producer. 8-C Consideration of appointment of five members to the Charter Review Committee - Acting City Manager John A. Peters, III, P.E., City Manager (386) 878-8858. Strategic Goal: Internal & External Communications Mayor Herzberg asked for the results of the Charter Review Committee appointments and the Deputy City Clerk announced the ranking results for the Charter Review Committee. Motion by Commissioner King, seconded by Commissioner Aviila-Vazquez, to approve the following five members to the Charter Review Committee: Phyllis Allen, Elbert Bryan, Chris Nabicht, Pat Northey and Thomas Philpitt and the following alternate members: Dr. Caroline Shine and Brandy White. For: 7 - Commissioner Avila-Vazquez, Commissioner King, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, Vice Mayor Bradford, and Mayor Herzberg 16. ADJOURNMENT: City of Deltona Page 17 Printed on 9/21/2021 City Commission Minutes June 7, 2021 There being no further business, the meeting adjourned at 11:30 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 18 Printed on 9/21/2021