City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, March 6, 2023 6:30 PM Deltona Commission Chambers 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: 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of February 20, 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 February 20, 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 A. Invocation Presented by District #2 Commissioner. 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for February 2023 B. Women’s History Month City of Deltona Page 1 Printed on 3/14/2023 City Commission Minutes March 6, 2023 6. 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. Douglas MacDonald, Deltona, spoke about a Beacon article, censuring, and public information. Pedro Rosario, American Legion Post 255, spoke about an upcoming function. Richard Bellach, Deltona, spoke about City Attorney position, prior hurricane season, attorney costs, an audit, admiration, respect, being scared, name calling, starting fresh, and the City Manager position. Robert Trombetta, Deltona, spoke about a Commissioner's apology, audience comments, the Governor, removal of books, LGBTQ community, calling for a recall, acts vs. words, meeting conduct and decorum, recent workshop, and using the gavel. Elbert Bryan, Deltona, spoke about recent workshop, City Manager comments, name calling, language in meetings, failing the residents, economic development, Team Volusia, Amazon, representation, and prior managers and attorneys. Kathy Bryan, Deltona, spoke about the Meet & Greet, notice, teachers, opinions, land use code, development, a Downtown, infrastructure, smart growth, Citizen Response Team, and the residents. Carolyn Hickerson, Deltona, spoke about decorum and respect, department reports, the website, resident input, social media, fighting vs. working together. Delterrorist 007, Deltona, spoke about being civil, respect, personal attacks, factual data, redress, acronyms, and legal costs. Jim Pescha, Deltona, spoke about procedure, workshops, having discussions, transparency and trust. Latisha Alamo, Flipside Mentorship, spoke about bullying, statistics, and website resources. Billy Fowler, Deltona, spoke about last 5 years, swells, communication, developers, sidewalks, setbacks, everyone's jobs, a strong Mayor government, trails, renters and parking, and the City Manager. City of Deltona Page 2 Printed on 3/14/2023 City Commission Minutes March 6, 2023 Terri Ellis, Deltona, spoke about Comprehensive Emergency Plan, prior hurricane season, communication, being traumatized, Ohio snowstorms, and hiring a consultant. Nick Lulli, Deltona, spoke about a couple residents, Facebook post, and the Governor. HOA President, Deltona, spoke about the Governor, under age kids, and the presidency. 7. ORDINANCES AND PUBLIC HEARINGS: A. Resolution No. 2023-07 - A resolution approving the final plat for Vineland Reserve Phase 3 for a 127-lot single-family subdivision situated on 38.77 acres. Strategic Goal: Provide a diversity of housing choices in the City. Interim Planning & Development Services Director Joe Ruiz gave a PowerPoint Presentation to include Final Plat Application Request, Background, Vineland Reserve Preliminary Plat Phases 2 & 3, Before Construction, After Construction, Vineland Reserve Phase 2 Final Plat, Vineland Reserve Phase 3, and Staff Recommendation. Commissioner McCool spoke about land clearing without regard to trees, raising property needs to stop, incorrect district stat for school concurrency, percentage of deficit, education, and capacity. Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to approve Resolution No. 2023-07, accepting the Final Plat for Phase 3 of the Vineland Reserve Residential Planned Unit Development, located at 990 Peach Creek Drive with the condition as stated before. Michael Woods, Cobb Cole, 231 N. Woodland Blvd., DeLand, gave a brief PowerPoint Presentation to include Vineland Reserve Phase III Final Plat, Background Information, Scope of Review, Code Requirements, Substance Review, Other Items/Notes, and Approval. Mayor Avila opened the public comments. Elbert Bryan, Deltona, spoke about gopher turtle relocation, voting, emails, Sunshine Law, influencing a vote, and developers. Terri Ellis, Deltona, spoke about gopher turtles, traffic studies, the application, moving forward, and pre-COVID data. Richard Bellach, Deltona, spoke about Commissioners' votes, history, traffic and development, Commissioners' salary, roads and schools, elections, and truth. City of Deltona Page 3 Printed on 3/14/2023 City Commission Minutes March 6, 2023 Louanne, Deltona, spoke about the development, FEMA, helping residents, money, a trailer, paying taxes, and saying no. Mayor Avila closed the public comments. The Commission, City Manager and City Attorney discussed the Comprehensive Plan, school capacity, relevant factors, this being a 2016 project, the school board, the teacher shortage, what is a final plat, the action being administerial, hurricanes, making decisions years in advance and information provided at the time. Vice Mayor Bradford called for the vote. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, and Commissioner Colwell Against: 2 - Commissioner JodyLee, and Commissioner McCool 8. OLD BUSINESS: A. Request for approval of Collective Bargaining Agreement with Deltona Professional Firefighter Union, Local 2913 for the period of October 1, 2022 to September 30, 2023 - James V. Chisholm, City Manager (386) 878-8850. Strategic Goal: Fiscal Issues The City Manager gave a brief explanation of the item. Stating that it includes the same benefits that other employees have received this year and they increased their own contributions to their plan to 11%. The Commission discussed the effective date, that everyone signed off on the changes, future negotiations, agreement date, election year contracts, medical marijuana policy, incentive pay straight out vs. hourly, work load studies, and the process. Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to approve the one-year (1yr) extension to the Collective Bargaining Agreement with Deltona Professional Firefighter Union, Local 2913 in effect from October 1, 2022 to September 30, 2023. Mayor Avila spoke about the contract term and more Commission involvement. Mayor Avila opened the public comments. City of Deltona Page 4 Printed on 3/14/2023 City Commission Minutes March 6, 2023 Elbert Bryan, Deltona, spoke about pension plan debt, budget, City's responsibility, contributions, the return, proposed motion, and what is down the road. Brandy White, Deltona, spoke about transparency, the motion, election year, kicking the can, length of contract, sacrifices, being pension able, and court reporter. Richard Bellach, Deltona, spoke about hourly wage and benefits, forensic audit, debt, wasted money, and project votes. Adam Vazquez, Deltona, spoke about being for the contract, long term debt, P&Z Board, homestead allowances, diversifying tax base, sewer, tax revenues, land use codes, Comprehensive Plan, and mixed use property. John Viccaro, Local 2913 President, spoke about the hurricanes, residents needing help, blame and influence, Union's stance, City Manager's opinion, math, breaking the mold, decisions, involvement and programs, transport, and revenue streams. Mayor Avila closed the public comments. 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 B. Request for approval of the contract for James V. Chisholm to serve as City Manager - James V. Chisholm, City Manager (386) 878-8850. The Commission and City Manager discussed the contract term, personnel, the permanent City Manager search, giving clear direction and expectations, experience and knowledge, residents' participation, having a workshop, the Deputy City Manager position, projects getting done, needing a timeline, hiring authority and malfeasance, not rushing the process, and having a community forum. Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to approve the City Manager contract for James V. Chisholm for a one year period effective March 6, 2023. 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. Elbert Bryan, Deltona, spoke about City Charter, effective date, Section 12B, the contract's worth, City vehicle, transparency and open government, communication, and things that are City of Deltona Page 5 Printed on 3/14/2023 City Commission Minutes March 6, 2023 wrong. Kathy Bryan, Deltona, spoke about transition, salary and benefits, City vehicle, and City Manager's report. Brandy White, Deltona, spoke about hiring process, ICMA (International City/County Management Association) Code, breakdown of cost, the increase, retirement, no renewal, shadowing, the process, Charter Officers, her email, and uninformed vote. Carolyn Hickerson, Deltona, spoke about squeaky wheel, Mayor form of government, motions, board vacancies, transparency, the past, listening to residents, accountability, and acting like adults. Mayor Avila closed the public comments. C. Request to select the City Attorney for the City of Deltona - City Manager James V. Chisholm The City Manager gave a brief explanation of the item to include the Meet and Greet held on Saturday for the residents. The Commission and City Manager discussed hearing from the applicants, the applicants in attendance, government experience, qualifications, ethics training, cost, being taken seriously, development patterns, law suits, RFP parameters, someone proactive, a leader, reputation, the legislature, State experience, infrastructure issues, morale issues, vision and innovation, contract negotiations, building consensus, informal polls, the residents, the face of Deltona, fiduciary responsibility, and jealousy. Motion by Commissioner Colwell, seconded by Commissioner Burbank, to accept the law firm of Marsha Segal-George to represent the City of Deltona. Mayor Avila spoke about firing Fowler & Feeney and Associates, City Attorney billing, rushing the process, dropping the ball, and being uncomfortable with two applicants. Mayor Avila opened the public comments. Carolyn Hickerson, Deltona, spoke about public comments, baggage and division, her opinion, and Marsha. Elbert Bryan, Deltona, spoke about attorney invoices and billable hours, charter amendments, Attorney Fowler, Altamonte Springs, rogue lawyer, change, written contracts, developers, and doing homework. Brandy White, Deltona, spoke about billing average, financial information, current Assistant City Attorney and history, unresolved ordinances, law suits, who was fired, emails, and an investigation. City of Deltona Page 6 Printed on 3/14/2023 City Commission Minutes March 6, 2023 Kathy Bryan, Deltona, spoke about rushing and notice, municipal experience, city disputes, hourly rate, cost not valued, fair decisions, land development, ethics, being proactive, firm numbers and examples, and the current Assistant City Attorney. Sara Bryan, Deltona, spoke about the Meet & Greet, listening to the attorneys, new ideas, being concerned, making decisions, her generation, being wronged, hearing the residents, attorneys being able to speak, and a better future. Nick Lulli, Deltona, spoke about his appreciation, notice, it being professional not personal, applicant attendance, experience, a particular proposal/package, facing serious issues, and court. Jennifer Madewell, Deltona, spoke about her representative, the motion, emails, and listening to residents. Mayor Avila closed the public comments. The 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 9. NEW BUSINESS: A. Consideration of appointments or re-appointments of four (4) members and possibly some alternates to the Planning and Zoning Advisory Board - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Mayor Avila called for a recess 9:40 p.m. and reconvened at 9:46 p.m. Motion by Commissioner Avila-Vazquez, seconded by Commissioner JodyLee, to confirm Commissioner Avila-Vazquez's appointment of Rachel Amoroso to the Planning and Zoning Advisory Board for a term to expire on March 15, 2026. 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 Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor Bradford, to confirm Commissioner Avila-Vazquez's appointment of City of Deltona Page 7 Printed on 3/14/2023 City Commission Minutes March 6, 2023 Adam Vazquez as an Alternate Member to the Planning and Zoning Advisory Board for a term to expire on March 15, 2025. 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 Motion by Commissioner McCool, seconded by Commissioner JodyLee, to confirm Commissioner McCool's appointment of Manny Rodriguez to the Planning and Zoning Advisory Board for a term to expire on March 15, 2026. 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 Motion by Commissioner McCool, seconded by Commissioner JodyLee, to confirm Commissioner McCool's appointment of Tara D'Errico as an Alternate Member to the Planning and Zoning Advisory Board for a term to expire on March 15, 2025. 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 Motion by Commissioner Colwell, seconded by Commissioner JodyLee, to confirm Commissioner Colwell's re-appointment of Stoney Sixma to the Planning and Zoning Advisory Board for a term to expire on March 15, 2026. 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 Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford, to confirm Commissioner Jodylee's re-appointment of Captain Ron Gonzalez to the Planning and Zoning Advisory Board for a term to expire on March 15, 2026. 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 City of Deltona Page 8 Printed on 3/14/2023 City Commission Minutes March 6, 2023 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. Vice Mayor Bradford was called to speak Motion by Vice Mayor Bradford, seconded by Commissioner Avila-Vazquez, to approve Consent Agenda Items 11-A through 11-C. 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 A. Request to award the restroom renovations at Fire Station 61 bid to AG Pifer Construction Company, LLC. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Infrastructure Approved by Consent - to award the restroom renovations at Fire Station 61 bid to AG Pifer Construction Company. B. Request to award the New Roof at Fire Station 63 bid to Atlas Apex Roofing, LLC. - Fire Chief Bill Snyder, Fire Department (386) 575-6902 Strategic Goal: Infrastructure Approved by Consent - to award the new roof at Fire Station 63 bid to Atlas Apex Roofing, LLC. C. Contract - Request for approval to expend no more than $40,000.00 in City of Deltona Page 9 Printed on 3/14/2023 City Commission Minutes March 6, 2023 State of Florida Finance Corporation (SHIP) funds for an Owner-Occupied Repair project located at 990 Saxon Blvd. - Joseph L. Ruiz, Assistant Director Planning and Development Services (386) 878-8624. Strategic Goal: Community redevelopment. Approved by Consent - to direct staff to move forward with Owner Occupied Rehabilitation for the dwelling at 990 Saxon Blvd. with an estimate of $36,950.00 not to exceed $40,000.00, utilizing Florida Housing Finance Corporation SHIP funds. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Jodylee requested that the Human Resource Director do a job fair for the City's vacancies and the Commission concurred. Commissioner Burbank requested a shade meeting with the City Attorney to go over all litigation and the City Attorney replied there is not much litigation but, there are a couple of personnel issues pending. Commissioner Burbank withdrew his request. Commissioner McCool requested in her inbox by Wednesday the ramifications of a Commissioner stepping down with less than two years left in their term. Vice Mayor Bradford requested an update on the Comprehensive Emergency Plan, board vacancies be placed on the website, and an audit. The City Manager stated the City has an annual audit, it is being finished up for the Fiscal Year 2021/2022. Commissioner McCool left the meeting at 10:00 p.m. Vice Mayor Bradford requested the audit of Deltona Water and the cost. The City Manager stated there is a required annual audit of the Firefighters Pension Plan but, if the members of the plan want something different they would have to pay for that. It is not uncommon for a City to have an unfunded liability in a pension plan, not everyone leaves the plan at the same time. He would not recommend auditing them again. Vice Mayor Bradford requested to add a link on the website for bullying, to look into the Citizen Response Teams, she heard it was discontinued due to liability. Fire Chief Snyder replied years ago there was a Citizens Response Team (CERT Team) and it faded off due to lack of interest. There is a lot of equipment and training that goes into it. After all the training people expect to be used but, if there is no event, they don't get used and they drop off. There is a cost involved, he does not know the exact number, but it would be for the personal protection equipment provided and the cost of staff to train the volunteers monthly. The volunteers were used to pass out food, surface rescues or providing first aid. Vice Mayor Bradford requested the City Manager and Fire Chief should get together to City of Deltona Page 10 Printed on 3/14/2023 City Commission Minutes March 6, 2023 determine if this is something that is needed in the future. Vice Mayor Bradford stated the board/committee vacancies are on the website and staff will provide the link to the resident who requested that information. Vice Mayor Bradford stated with regards to Sunshine violations a Commissioner can violate Sunshine and continue to do so and it does not become an ethics violation until it is reported to the Commission on Ethics. As a Commission we do not have the authority to remove a Commissioner and the only one that can say an ethics violation occurred is the Commission on Ethics. Mayor Avila requested the City Manager look into an internship for the City's youth ages 16-22. The City Manager replied he does not know if that is something already in place but, it is something that can be done and it does not take an action of the Commission to do it. Mayor Avila requested if the program exists to highlight it. Mayor Avila requested an operational audit and The City Manager replied that might make sense just to be sure we are staffed in the right way and he will look for a proposal on that. Mayor Avila asked that the proposal come before the Commission as a consensus. Mayor Avila requested that the looking forward packet that he provided to the City Manager be forwarded to the entire Commission for their comments. The City needs a vision and if there is one he has not heard it. 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: The City Manager spoke about a Citizens Academy made up of volunteers who are introduced to each department and receive a full briefing of what the departments do to get a better picture of what the City does in a normal day. 15. CITY COMMISSION COMMENTS: Commissioner Avila-Vazquez spoke about the website and registering for email blasts, Deltona Little League Opening Day, shout out to the Housing Department, needing a larger gym, the City Manager Report, Director reports, Town Halls, and home repairs. Commissioner Jodylee spoke about the Deltona Community Gardens, the Feed the Bees event, the Human Resource Director, the City Manager, morale, coming together; and moving forward. Vice Mayor Bradford spoke about the City Manager Report and upcoming events to include flag football, the need for coaches, Summer Camp, Paw in the Park and being informed. Mayor Avila spoke about the Mayor's Fitness Challenge, a bi-weekly report of projects/commerce and his next Town Hall. City of Deltona Page 11 Printed on 3/14/2023 City Commission Minutes March 6, 2023 16. ADJOURNMENT: There being no further business, the meeting adjourned at 10:27 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 12 Printed on 3/14/2023