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City Commission

Regular Meeting

Deltona, FL · February 6, 2023

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, February 6, 2023 6:30 PM Deltona Commission Chambers Revised 02-02-2023 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Avila. 2. ROLL CALL – CITY CLERK: Present: 7 - Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #6 Commissioner. 4. 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. Doug MacDonald, Deltona, spoke about Commission arguing, taking care of business, 2014 Commission, code of ethics, resolving Commission issues and working together. Richard Bellach, Deltona, spoke about Barker's view, characters, City Attorney, audit, missing money, arguments and jealousy. Kathy Bryan, Deltona, spoke about public forum, storm drain issue, citizens, ordinance removed from agenda, Land Use Code (LDC) and the moratorium. City of Deltona Page 1 Printed on 2/10/2023 City Commission Minutes February 6, 2023 5. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of January 17, 2023 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to approve the minutes of the Regular Commission Meeting of January 17, 2023, as presented. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 6. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation in honor of Black History Month - February 2023. 7. ORDINANCES AND PUBLIC HEARINGS: 8. OLD BUSINESS: A. Request for consideration of appointment/appointments to the Affordable Housing Advisory Committee - Joyce Raftery, City Clerk’s Office, (386) 878-8502. Strategic Goal: Internal and External Communication. Motion by Commissioner Avila-Vazquez, seconded by Commissioner JodyLee, to confirm the appointment(s) of Jean Armstrong and Alexza Pantoja Rodriguez to the Affordable Housing Advisory Committee with a term to expire on October 5, 2023. 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: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 9. NEW BUSINESS: A. Ratification of an emergency repair to frontline fire engine, FD-1021, due to an unforeseen engine (motor) failure. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 City of Deltona Page 2 Printed on 2/10/2023 City Commission Minutes February 6, 2023 Strategic Goal: Public Safety Deputy Fire Chief Swisher gave a brief explanation of the item. The Commission and staff discussed the engine, maintenance records, engine age, mileage/hours, new engine vs. repairing old engine, replacement plan, and the time line. Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to ratify the emergency repair of frontline fire engine, FD-1021, due to an unforeseen engine (motor) failure. The motion carried by the following vote: For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool Mayor Avila opened the public comments. Brandy White, Deltona, spoke about the number of trucks. Mayor Avila closed the public comments. 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. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Vice Mayor Bradford requested to bring back the Superstar Student awards. Commissioner Burbank requested a workshop on potential and proposed Comprehensive Plan amendments. Mayor Avila requested a workshop on the LDC (Land Development Code). He also requested to address residents' concerns regarding the City Charter and if needed, an operational audit. City of Deltona Page 3 Printed on 2/10/2023 City Commission Minutes February 6, 2023 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: The Interim City Manager stated he had a meeting with the Womens Club regarding their building and some options the City may be able to help with. The group wanted to have a meeting with the rest of the membership and he has not heard back from them. Second, he had a meeting with former Commissioner King on his program for one of the City's parks and received a full briefing on what former Commissioner King wanted to do. He will need to bring the proposed ideas to the Commission for direction. Third, there are several things still being processed. The 4-B Project is and will continue to be evaluated until he receives answers from the consulting engineers. Also being evaluated is the plan that takes wastewater from Deltona to the County system to determine its feasibility. 15. CITY COMMISSION COMMENTS: Motion by Commissioner JodyLee, seconded by Commissioner Avila-Vazquez, to effective immediately appoint James V. Chisholm as the City Manager for a two (2) year term at $200,000 a year, no severance and subject to additional benefits as negotiated by the City Attorney and memorialized in a contract to be placed on the City Commission agenda as quickly as practical. The Commission discussed whether the motion was appropriate and if the Commission could take a vote. Mayor Avila opened public comments. Brandy White, Deltona, spoke about the City Manager search, notice, precedence and case law, and money spent. Douglas MacDonald, Deltona, spoke about the citizens, the City Manager search and delaying the vote. Richard Bellach, Deltona, spoke about the Interim City Manager, horse and pony show, legality, performance, and being irresponsible. Kathy Bryan, Deltona, spoke about the Interim City Manager, the City Manager search, and City of Deltona Page 4 Printed on 2/10/2023 City Commission Minutes February 6, 2023 long term. Elbert Bryan, Deltona, spoke about the City Manager search, the Commission's word, doing the right thing, the Interim City Manager, voters, and carpet color. Former Commissioner Sosa, Deltona, spoke about shady stuff, being surprised, delaying the vote, legality, citizens and notification, corruption, two year contract, salary, and Barker's view. Mayor Avila closed public comments. Mayor Avila asked the Interim City Manager if he would like to stay for a two (2) year term and the Interim City Manager replied he has given it a lot of thought, he is aware of the audience the City has and what it takes to operate this City. He has been involved with the City for over three (3) months now, there are some major things that need to be addressed and he thought maybe he should consider this once he was approached. I would consider the offer if that is the pleasure of the Commission. The Commission discussed the Interim City Manager's experience/knowledge, hiring an assistant, the interview process, projects and delays, respect, being rushed, one (1) year increments, the City Manager search, prior Acting City Manager process, public input, promise to residents, due process, notice, history and past mistakes, CRA projects, and business concerns. Amended motion by Commissioner Jodylee, seconded by Commissioner Avila-Vazquez, to instead of a two (2) year contract make it a one (1) year contract. The Commission and the Interim City Manager discussed making the term retroactive, funds expended and advertising. The amended motion carried by the following vote: For: 5 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, and Commissioner JodyLee Against: 2 - Mayor Avila, and Commissioner McCool City of Deltona Page 5 Printed on 2/10/2023 City Commission Minutes February 6, 2023 Commissioner Jodylee spoke about a strong Mayor form of government, transparency and removal of Charter language. Commissioner Burbank spoke about the citizens getting lucky. Commissioner McCool spoke about residents' attendance and input, her heath, Commissioner problems, and representing Deltona. Vice Mayor Bradford spoke about Commissioners agreeing to disagree, Commissioners' support for Commissioner McCool, a strong Mayor form of government and she asked the Interim City Manager for more information on that. Mayor Avila spoke about jabs thrown at him and asking questions from the dais. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 7:23 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 6 Printed on 2/10/2023

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Monday, February 6, 2023 6:30 PM Deltona Commission Chambers Revised 02-02-2023 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #6 Commissioner. 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. 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. Citizen comments for any items. (4 minute maximum length per speaker) 5. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of January 17, 2023 as presented. - Joyce Raftery, City Clerk (386) 878-8502. City of Deltona Page 1 Printed on 2/2/2023 City Commission Regular Commission Meeting February 6, 2023 Background: N/A Attachments: January 17, 2023 RCM Minutes 6. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation in honor of Black History Month - February 2023. Background: The Proclamation is being presented in honor of Black History Month February 2023. 7. ORDINANCES AND PUBLIC HEARINGS: 8. OLD BUSINESS: A. Request for consideration of appointment/appointments to the Affordable Housing Advisory Committee - Joyce Raftery, City Clerk’s Office, (386) 878-8502. Strategic Goal: Internal and External Communication. Background: On March 4, 2022 Dolores Guzman resigned from the Affordable Housing Advisory Committee. AHAC has the following openings: (a) Engaged in the residential home building industry in connection with affordable housing, (j) Representative of employers within the City of Deltona, and (k) Representative of essential services personnel. The terms will expire on October 5, 2023. The following people have applied: To date the City has received applications from the following individuals: Jean Armstrong, Chris Bellingham, Kelsey Brann, Elizabeth Chavez, Gilarys Garcia, Carol Harpel, Sean-Justin Lattimore, Myriam Rivera, and Alexza Pantoja Rodriguez. If, due to reasonable factors, a citizen actively engaged in these activities in connection with affordable housing is not available for appointment to the Committee, a citizen engaged in the activity without regard to affordable housing may be appointed. City of Deltona Page 2 Printed on 2/2/2023 City Commission Regular Commission Meeting February 6, 2023 Attachments: AHAC By Laws AHAC Member List AHAC SPREADSHEET AHAC Jean Armstrong AHAC-Chris Bellingham AHAC Kelsey Brann AHAC Elizabeth Chavez AHAC-Gilarys Garcia AHAC Carol Harpel AHAC Sean-Justin Lattimore AHAC Myriam Rivera AHAC Alexza Pantoja Rodriguez 9. NEW BUSINESS: A. Ratification of an emergency repair to frontline fire engine, FD-1021, due to an unforeseen engine (motor) failure. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Public Safety Background: The Fire Department operates four frontline Engines and one frontline Aerial/Tower. All five apparatus are assigned stations and areas as first due responses along with backing up all of the other areas in the City. To maintain our responses at all times we also have a reserve fleet of older engines that are used when the frontlines are down for maintenance. The department’s vehicle replacement plan is to move a frontline engine to a reserve status after a set number of frontline year usage. This helps the apparatus to manage a twenty-year career with ten being frontline and ten years being reserve status. Engine FD-1021 is still on the frontline at the age of twelve plus years and is in need of a replacement motor. This unit was already in maintenance for repair and was initially quoted as being at $14,643.55 on January 17, As Cummins (third party shop) started to take the motor apart, more damage was found and the new repair price was requoted at $36,669.17. This was due to internal damage the motor sustained during break down that was only discoverable as the motor was disassembled. Due to previous budget decisions made and current build times of new apparatus, we are not expecting to have a new engine in service until approximately January 2024. At that time, FD-1021 will move to a City of Deltona Page 3 Printed on 2/2/2023 City Commission Regular Commission Meeting February 6, 2023 reserve status giving the City another eight to nine years of service; including a three-year warranty on the motor if approved to replace it. If we did not fix the motor in FD-1021, then we would have to place an older reserve apparatus back into frontline status and only operate with two reserve engines. This would potentially result in loss of coverage at times due to multiple frontline engines being out of service and no replacements. Attachments: Cummins Repair Quote 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. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. 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 City of Deltona Page 4 Printed on 2/2/2023 City Commission Regular Commission Meeting February 6, 2023 proceedings should contact the City Clerk, Joyce Raftery 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 5 Printed on 2/2/2023

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