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City Commission Workshop

Regular Meeting

Deltona, FL · February 27, 2023

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Workshop Monday, February 27, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:32 p.m. by Mayor Avila. 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Vice Mayor Bradford Mayor Avila 3. PLEDGE TO THE FLAG: 4. BUSINESS: A. Review and discussion of City Attorney applications - City Manager James V. Chisholm The City Manager announced the City Attorney applicants and suggested that the Commission pick two to three of them to interview. The Commission and the City Manager discussed scope of service, number of attorneys, experience, changing courses midstream, interviews, individual meetings, making a selection, public participation, past attorneys, Charter Officers, requirements, cost and budget, expectations, government experience, being familiar with Deltona, additional expenses, not rushing, conflicts, cost avoidance, ordinances and development, the vetting process, pending projects, starting from scratch, stability, due process, law suits, historical knowledge, not being dismissive, and availability. Each Commissioner gave their top three choices for City Attorney at follows: Cobb & Cole, P.A. - 4 Votes; Korey, Sweet, McKinnon & Simpson - 3 Votes; Law Offices of Fishback Dominick, LLP - 4 Votes; Marsha Segal-George, P.A. - 6 Votes; and Sabatini Law Firm, P.A. - 2 Votes. The Commission and the City Manager discussed scheduling interviews, independently City of Deltona Page 1 Printed on 3/9/2023 City Commission Workshop Minutes February 27, 2023 interviewing, and public participation. After discussion, the Commission concurred to have a Meet & Greet Saturday, March 5, 2023 in the Commission Chambers from 10:00 a.m. to Noon. The Commission and the City Manager discussed resident feedback, advertising, social media, and public participation. 4-A. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. 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. Mayor Avila opened the public comments. Richard Bellach, Deltona, spoke about the Meet & Greet, doing things right, the next City Attorney, recent storms, complaints, food trucks, and advice. Terri Ellis, Deltona, spoke about resident attendance, marketing plan, definition, scoping, timelines, reporting, and watching meetings. Brandy White, Deltona, spoke about nothing being done, moratorium, retaining the current attorney, other City's rates, insurance, answering calls, law suits, shade meetings, residents' voices, and quantifying factors. Valerie Vadney, spoke about advertising and news crawlers, Robocalls, emailing Commissioners, making informed decisions, being short sided, being complacent, law suits, quality vs. quantity, subcontractors, residents' confidence, and the new Mayor and Commission. Elbert Bryan, Deltona, spoke about the Meet & Greet, motions, City Attorney invoices, and the Commission. Mayor Avila closed the public comments. B. Review and discussion of contract for James V. Chisholm to serve as City Manager - City Manager. The City Manager stated that the contract is the very same except for the "one" year employment and the $200,000 compensation, as voted on. The Commission discussed motions, projects, salary and benefits, previous managers, experience, interviews, projects, hurricane season, staff morale, the Assistant to the City Manager, due process, economic development and commerce, the Commission's policies and procedures, the City Manager position, agenda items and motions, being fair, being micromanaged, delegating and managing. City of Deltona Page 2 Printed on 3/9/2023 City Commission Workshop Minutes February 27, 2023 4-B. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. 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. Mayor Avila opened the public comments. Terri Ellis, Deltona, spoke about the contract, other cities, getting a deal, number of managers, list of projects, current manager, and performance reporting. Richard Bellach, Deltona, spoke about contract, lies, flooding, commerce, timing, Commissioners, trust, Facebook, people laughing and a circus. Brandy White, Deltona, spoke about the contract, project list, conflicting statements, pay increases, manager search, and motions. Valerie Vadney, spoke about department reports, projects, City Manager salary, bedroom community, and revenues and tax base. Carolyn Hickerson, Deltona, spoke about involvement, angry citizens, transparency, department reports, being calm and respectful, employee handbook and ethics, and Roberts Rules of Order. William Mabery, spoke about being scrutinized, working together, and building something. Mayor Avila closed the public comments. 5. CITY MANAGER COMMENTS: The Commission discussed making motions, following protocol, being silenced, disagreeing, taking things personal, Commission guidelines, presentations and workshops. The City Manager apologized for not calculating the total but, $300,000 is probably the right number. In the end it is significantly less than any job he has had anywhere else. He stated that he is not complaining about it, he is not trying to get more money but, he is trying to make the Commission aware factually there is a substantial difference in what he is making today than what he was making previously for 17 years. He enjoys working here and he is not here because of the money. He is here because he thinks Deltona needs help, he has found things that he did not anticipate and it is important for the City to have a manager who understands those things. There are significant numbers that impact this City based on decision that were made probably 5 years ago and other decisions that were made or not made in 1979. There was a whole drainage and flood plan which were never implemented. Those are things he has been able to locate for the City and anyone can find them they are in the records. There are other things he has found that the Commission probably would not know about unless they knew a little bit about how things work. There are millions of dollars we are going to try to save and preserve in some of the projects identified on that list. There was a good suggestion to have reports from departments in meetings, we can do that, and City of Deltona Page 3 Printed on 3/9/2023 City Commission Workshop Minutes February 27, 2023 some of that can be done at a workshop. He stated that he is excited about working. He was retired for a year and a half and he was not very excited at that point. The thing all of us have to remember is that we are all trying to do the very same thing. Solve problems in the community, provide a solution to the issues we have, and do it in a civil manner. That civil discourse is what is really needed here. It is as much on the public as it is on the dais but, it is for all of us. You cannot yell, scream and curse and expect anybody to listen to you. You are going to turn him off and he does not really have to sit here and listen to it and he does not think the public has too. That is not the way to make a point. He has talked to a resident about department reports and he has had that in the past and certainly we will get to doing that. You have to remember there has been a substantial change in departments and personnel so we do not have a full contingent of department heads right now. It is not easy when an applicant turns on DeltonaTV and listens to the residents and the Commission and then they have to make a decision if they want to come sit in the City Manager position or in a department director position and participate with the City. Professionals have opportunities and being able to attract a professional of quality, they do not have to come here or Florida. That person is going to go where number one it is best for their family, best for them financially, and that the working conditions are such that it is an exciting opportunity for that person to be here and to stay. Seventeen years ago, when he went to work for Daytona, if he had gotten the welcome he got here he would not have gone to Daytona because in that scenario the community, the business community, the private community and the minority community were all looking for someone to provide guidance, vision and leadership. Through all that it was a great experience because not only are you interviewing an applicant, that applicant is interviewing you. They may not want to work for you and that is part of the process because when you have a public gathering they are also evaluating the public. Are the residents the kind of people they want to meet with? Are the residents the kind of people they want to work with? Obviously, there are issues that the residents are concerned about and they are going to want to hear that, they do not want to be shouted at. The lesson he would take away from this job is that we have to be civil in the way that we conduct business. We have to quit listening to negative, begin looking and listening to the positive. Look forward, do not look back. He has been looking back for four months because he had to find what was wrong, what was happening and what is the issue. You have seen the result of that in the list of projects that was provided tonight. He has given information to the Legislative Delegation about where we are going in the future as it relates to the flooding but, that issue was on the table in 1979 and nothing happened with the exception of the outfall from Lake Doyle being built. They did not look at the larger picture of the drainage basin and its interaction. They did look at the interaction between the other basins but, they did not find another outfall and that was a mistake that was made in that plan. Of course they did not have the same scenarios as it relates to flooding as we have today. It is a pleasure for him to work for the City, he does enjoy his job and he enjoys working with the staff here. The City has great staff, they are taxed but, they do a wonderful job and they love Deltona. He does not live in Deltona right now but, he would have no premonition about moving if he was early in his career and did not already have a significant investment in where he is currently. This is a quality community, a great population, and opportunities to make it an economic success City of Deltona Page 4 Printed on 3/9/2023 City Commission Workshop Minutes February 27, 2023 but, he cannot do it if everyone is going to shout at each other. That will not happen because the same people you want here to make economic investments are the same people watching the TV, checking and investigating Deltona. They do not want to come in here and get chewed up and spit out. Why would they want to spend $100 million on a project to only come to the public body and have to listen to "you're just raping our town" or "you're destroying this community". That will not bring economic development. He would encourage everyone to think seriously about the way we carry our business both on the dais and in the public. It is just as important to the public because the kind of community we have and can have is dependent on how the public participates. He is not saying to not vocally express your opinion but, do it in a civil manner. Do it in a way that not everyone is going to be turned off and turns the TV off the minute they hear it. You may think that sounds good but, it does not play in the real world and we are in the real world for whatever it's worth. Thank you for indulging his comments, he thought it was necessary to say it and he would not say it otherwise. He enjoys working for each of the Commission and all of you have a heart. 6.. ADJOURNMENT: There being no further business, the meeting adjourned at 7:22 p.m. ______________________________ Joyce Raftery, CITY CLERK City of Deltona Page 5 Printed on 3/9/2023

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Workshop Mayor Avila Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Monday, February 27, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. PLEDGE TO THE FLAG: 4. BUSINESS: A. Review and discussion of City Attorney applications - City Manager James V. Chisholm Background: At the Regular Commission Meeting held on December 12, 2022 the City Commission voted to terminate the law firm of Fowler, O’Quinn, Feeney and Sneed with an effective date of 90 days. The City solicited a Request for Letter of Interest from qualified individuals and firms to provide legal services for the City. This item is to review and discuss the submitted applications. Attachments: Cobb & Cole, P.A.pdf Korey, Sweet, McKinnon & Simpson.pdf Law Offices of FIshback Dominick LLP.pdf Marsha Segal-George, P.A.pdf Sabatini Law Firm, P.A.pdf 4-A. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. 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. B. Review and discussion of contract for James V. Chisholm to serve as City City of Deltona Page 1 Printed on 2/23/2023 City Commission Workshop Agenda February 27, 2023 Manager - City Manager. Background: At the Regular Commission Meeting held on February 6, 2023, the Deltona City Commission voted to appoint Mr. James V. Chisholm as the City Manager for a one-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. Attachments: Employment Agreement 4-B. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. 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. 5. CITY MANAGER COMMENTS: 6.. 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 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 2 Printed on 2/23/2023

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