Special City Commission Meeting
Special MeetingDeltona, FL · April 6, 2022
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
Special City Commission Meeting
Wednesday, April 6, 2022 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Herzberg
Vice Mayor Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
3. PLEDGE TO THE FLAG:
4. BUSINESS:
A. Sections 11(1) and 11(2) of the City of Deltona Charter (“Charter”) requires
that the Charter be reviewed at least every 10 years. This item is to review
and confirm that Amendments 1, 4 and 5 recommended by the Charter
Review Committee (CRC) not be moved forward to the voters per the
Commission Workshop held on March 28, 2022. - Stacey Kifolo, Deputy City
Manager (386) 878-8552.
Strategic Goal: Effective Governance
The Deputy City Manager gave a brief explanation of the item.
Motion by Commissioner Bradford, seconded by Commissioner King,
that Amendments 1, 4 and 5 recommended by the Charter Review
Committee not be moved forward to the voters. The motion carried by
the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
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B. Section 11(1) and 11(2) of the City of Deltona Charter (“Charter”) which
requires that the Charter be reviewed at least every 10 years. This item is
to review and discuss Amendments 2 and 3 as recommended by the
Charter Review Committee (CRC) during the Regular Commission Meeting
held on February 21, 2022; and to continue deliberation on the option of a
complete re-write of the City Charter as discussed during the Commission
Workshop held on March 28, 2022. - Stacey Kifolo, Deputy City Manager
(386) 878-8552.
Strategic Goal: Effective Governance
The Deputy City Manager gave a brief explanation of the item and an overview of the two
sections that the Commission requested to bring back for discussion.
The Commission, Acting City Manager, Deputy City Manager and City Attorney discussed
problematic issues, Amendments 2 & 3, Charter rewrite, timeline, rushing, scheduling
workshops, public hearings, and the process.
Amendment 2 - Modification of compensation for Mayor and Commissioners
The Commission, Acting City Manager, Deputy City Manager and City Attorney discussed
COLA (Cost of Living Adjustment), CPI (Consumer Price Index), being self-serving, letting
residents decide, staff raises, having a disclaimer, City vs. County, city populations, having
a formula, being clear and not ambiguous, staff benefits, and Commission's salary.
Mayor Herzberg opened the public comments.
Kathy Bryan, Deltona, spoke about ordinance vs. charter, 50% of county salary, other cities,
median salary, Commission terms, 33% instead of 50%, CPI, add "not to exceed staff %
rate", self-serving, and not for CRC recommendation.
Elbert Bryan, Deltona, spoke about Mayor $16,770 and Commission $13,104, CPI, 3%
cap, base salary and add maximum.
Mayor Herzberg closed the public comments.
The Commission discussed public comments, having a cap, disclaimer, and raises.
Motion by Commissioner Ramos, seconded by Commissioner Bradford,
to deny the proposed Amendment #2 and leave the compensation as it
is in the current Charter. The motion carried by the following vote:
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For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
Amendment 3 - Modification to provide a maximum term City Manager or Attorney may be
appointed as acting.
The Deputy City Manager gave a brief explanation of the item.
The Commission, Acting City Manager, Deputy City Manager and City Attorney discussed
extraordinary circumstances, Acting City Manager's contract, policy, public opinion,
historical data, residents input, the future, residency, time frame, supermajority vs. simple
majority, term limit, the term "Acting", Charter Officers, and basis for recommendation.
Mayor Herzberg opened the public comments.
Kathy Bryan, Deltona, spoke about salary, word extraordinary, qualifications, provisions,
residency, pandemic, and contingencies.
Elbert Bryan, Deltona, spoke about reasons for recommendation, research, contract, time
constraint, headhunter, and disasters.
Mayor Herzberg closed the public comments.
The Commission discussed previous managers, search process, residents, residency, and
Facebook.
Motion by Commissioner King, seconded by Mayor Herzberg, to
approve that the Commission does not move this proposed
Amendment 3 forward.
The Commission and Deputy City Manager discussed quality of life, policy, search
process, residency, qualified candidates, Section 7(d) Filling of vacancies, limitations,
intent, and virtual meetings.
Motion by Commissioner Ramos, seconded by Commissioner Bradford,
to call the question. The motion carried by the following vote:
For: 5 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
King, Commissioner McCool, and Commissioner Ramos
Against: 2 - Commissioner Bradford, and Commissioner Sosa
The motion carried by the following vote:
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For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
King, Commissioner McCool, Commissioner Ramos, and
Commissioner Sosa
Against: 1 - Commissioner Bradford
Mayor Herzberg asked if the City Commission wanted to address anything further or any
amendments.
The Commission, Acting City Manager, Deputy City Manager and City Attorney discussed
inconsistencies and state law, the process, timeline, Commission direction, Charter Review
Committee, public comments, redundancies, urgency, future elections, number of items,
policy, public meetings, and emergency order.
Motion by Commissioner Ramos, seconded by Commissioner King,
that staff bring back to the Commission a report with the
inconsistencies to clean up the city charter.
Amended motion by Commissioner Ramos, seconded by
Commissioner King, that staff bring back to the Commission a report
with the inconsistencies to clean up the city charter in reference to
State law.
Commissioner King called for the vote.
Mayor Herzberg opened and closed the public comments as there were none.
The motion carried by the following vote:
For: 7 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner
Bradford, Commissioner King, Commissioner McCool,
Commissioner Ramos, and Commissioner Sosa
5. CITY MANAGER COMMENTS:
The Acting City Manager reminded everyone of the Workshop on Monday, April 11th on
Traffic Calming Techniques.
6. ADJOURNMENT:
There being no further business, the meeting adjourned at 8:44 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
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________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
Special City Commission Meeting
Mayor Herzberg
Vice Mayor Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Wednesday, April 6, 2022 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. PLEDGE TO THE FLAG:
4. BUSINESS:
A. Sections 11(1) and 11(2) of the City of Deltona Charter (“Charter”) requires that
the Charter be reviewed at least every 10 years. This item is to review and
confirm that Amendments 1, 4 and 5 recommended by the Charter Review
Committee (CRC) not be moved forward to the voters per the Commission
Workshop held on March 28, 2022. - Stacey Kifolo, Deputy City Manager (386)
878-8552.
Strategic Goal: Effective Governance
Background: The 2021-22 Charter Review Committee (CRC) was appointed by the
City Commission on June 28, 2021. Consisting of five (5) members
and two (2) alternates, the CRC was charged with reviewing the
Charter and, if appropriate, proposing amendments to the Charter for
consideration by the City Commission. The CRC convened 13 public
meetings during the span of July 2021 to January 2022. During the
Regular Commission Meeting held on February 21, 2022, the CRC
presented the Commission with recommendations for five (5) Charter
amendments and one (1) policy recommendation.
At the Commission Workshop held on March 28, 2022 there was a
consensus of the City Commission that the following CRC
recommended Amendments would not be moved forward in the
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Special City Commission Meeting Agenda April 6, 2022
process to place the Charter amendments on the ballot of the next
municipal general election:
· Amendment #1: Modification of composition and
qualifications for Commission members, specifically the
requirement to obtain 100 signatures from electors within a
candidate’s district to qualify, and election at-large.
· Amendment #4: Modification of the Charter Review
Committee, specifically to increase the number of members
and the method for appointment of members; as well as
modifying the function of the Charter Review Committee to
function as an independent review and requiring all proposed
amendments to be placed on the ballot of the next municipal
general election.
· Amendment #5: Adding a requirement to establish
standards to provide for environmental considerations on
major City decisions.
OPTIONS:
1. Approve - Not to move forward with Amendments 1, 4 and 5 as
recommended by the CRC per Commission consensus on March 28,
2022.
2. Modify - Modify any or all of Amendments 1, 4 and 5 as
recommended by the CRC.
3. Replace - Replace any or all of Amendments 1, 4 and 5 as
recommended by the CRC.
B. Section 11(1) and 11(2) of the City of Deltona Charter (“Charter”) which
requires that the Charter be reviewed at least every 10 years. This item is to
review and discuss Amendments 2 and 3 as recommended by the Charter
Review Committee (CRC) during the Regular Commission Meeting held on
February 21, 2022; and to continue deliberation on the option of a complete
re-write of the City Charter as discussed during the Commission Workshop held
on March 28, 2022. - Stacey Kifolo, Deputy City Manager (386) 878-8552.
Strategic Goal: Effective Governance
Background: The 2021-22 Charter Review Committee (CRC) was appointed by the
City Commission on June 28, 2021. Consisting of five (5) members
and two (2) alternates, the CRC was charged with reviewing the
Charter and, if appropriate, proposing amendments to the Charter for
consideration by the City Commission. The CRC convened 13 public
meetings during the span of July 2021 to January 2022. During the
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Special City Commission Meeting Agenda April 6, 2022
Regular Commission Meeting held on February 21, 2022, the CRC
presented the Commission with recommendations for five (5) Charter
amendments and one (1) policy recommendation.
At the Commission Workshop held on March 28, 2022 there was a
consensus of the City Commission that Amendments 2 & 3 be moved
forward for further discussion. It was also expressed that the
Commission may consider a complete re-write of the City Charter.
The City Commission must hold two public hearings by August 23,
2022 in order to place any Charter amendments on the ballot of the
next municipal general election.
OPTIONS:
1. Approve - Proceed with Charter amendments 2 and/or 3 as
recommended by the CRC; and direct City staff to schedule the first of
two public hearings.
2. Modify - Modify Charter amendments 2 and/or 3 as recommended
by the CRC; and direct City staff to schedule the first of two public
hearings.
3. Replace - Replace all Charter amendments recommended by the
CRC and proceed with a draft of a complete re-write of the City Charter
for future review by the Commission.
Attachments: City Charter - SCM 2022 04 06.pdf
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.
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