City of Deltona

2345 Providence Blvd.

Deltona, FL 32725

Minutes

Special City Commission Meeting

Monday, April 29, 2024

5:30 PM

Deltona Commission Chambers

DECORUM POLICY: The City of Deltona has a significant interest in conducting

orderly and efficient public meetings, which includes preventing disruption,

promoting civility, and preserving decorum. To that end, behavior which disrupts or

impedes the efficient and orderly conduct of any public meeting, as determined by

the Mayor, or presiding officer, or a majority of the City Commission, is not

permitted. The Mayor, or presiding officer, or a majority of the City Commission, may

interrupt, warn, or terminate a speaker’s statement when that statement is too

lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably

perceived to be a disruption to the fair and orderly progress of the discussion at

hand. The Mayor, or presiding officer, or a majority of the City Commission, may also

interrupt any part of the meeting to warn any individual that they are being

disruptive or otherwise impeding the efficient and orderly conduct of the meeting.

The Mayor, or presiding officer, or a majority of the City Commission, may require

any individual to leave a public meeting for its duration if that individual is unable to

observe this Policy after being warned. Should an individual be required to leave a

meeting for violating this Policy, that person shall be escorted from Commission

Chambers by a Volusia Sheriff’s Deputy.

1. CALL TO ORDER:

The meeting was called to order at 5:30 p.m. by Mayor Avila.

2. ROLL CALL – CITY CLERK:

Present:7 -

Mayor Avila

Vice Mayor JodyLee

Commissioner Avila-Vazquez

Commissioner Colwell

Commissioner Heriot

Commissioner McCool

Commissioner Shimkus

3. PLEDGE TO THE FLAG:

4. PUBLIC FORUM: Public comments shall be limited to items on the agenda and

shall not exceed four 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. BUSINESS:

Request approval to sunset the City Manager Selection Committee -

Joyce Raftery, City Clerk Dept. (386) 878-8502.

Strategic Goal: Internal & External Communication

Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor

JodyLee, to approve sunsetting the City Manager Selection Committee

effective immediately. The motion carried by the following vote:

For: 7 -

Mayor Avila, Vice Mayor JodyLee, Commissioner

Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,

Commissioner McCool, and Commissioner Shimkus

Request for approval of Mr. Dale “Doc” Dougherty’s proposed City

Manager employment agreement - Marsha Segal-George, City Attorney

and Floris Johnson, Human Resources.

Strategic Goal: Internal and external communication

Commissioner Heriot entered the meeting at 5:33 p.m.

The City Attorney and Human Resources Director gave a brief explanation of the item.

Commissioner Heriot voted yes, to Item 5-A, sunsetting the City Manager Selection

Committee.

The Commission, Human Resources Director and City Attorney discussed the insurance

premiums and deductibles, employees' insurance coverage, insurance caps, the car

allowance and the City vehicle, termination during an election season, the City Charter,

significant negotiation process, finding commonalities, individual Commissioner concerns,

cell phone stipend, benchmarks and evaluations, automatic raises, and special treatment.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Shimkus, to approve the City Manager employment agreement as

presented.

The Commission and City Attorney discussed the vehicle allowance in lieu of the City

vehicle, an FSA (Flexible Spending Account), the 45 days additional time off, Mr. Dougherty

needing to agree to changes, and when Commission input was provided.

Mayor Avila opened the public comments and Robert Trombetta, Brandy White, Kathy

Bryan, Courtney Cross-Burgos, Virgil Ford, Tara D'Errico, Rachel Amoroso, Katherine

Gallagher, Terry Haines, and Elbert Bryan addressed the City Commission.

The motion failed by the following vote:

For: 4 -

Commissioner Avila-Vazquez, Commissioner Colwell,

Commissioner McCool, and Commissioner Shimkus

Against: 3 - Mayor Avila, Vice Mayor JodyLee, and Commissioner Heriot

Motion by Mayor Avila, seconded by Vice Mayor JodyLee, to appoint

Commissioner Heriot to help with the contract negotiations. The motion

carried by the following vote:

Commissioner Heriot stated the only way he will be okay with the motion is if the

Commission has an open discussion as to what changes they want to see in the contract.

The motion carried by the following vote:

For: 6 -

Mayor Avila, Vice Mayor JodyLee, Commissioner Colwell,

Commissioner Heriot, Commissioner McCool, and

Commissioner Shimkus

Against: 1 - Commissioner Avila-Vazquez

The Commission discussed the process, Commissioner concerns, putting it on the next

meeting, grand standing, politics, social media, being disappointed, having another special

meeting, and the salary.

Motion by Vice Mayor JodyLee, seconded by Commissioner McCool, to

have a Special Commission Meeting 48 hours from now, Thursday

night. The motion carried by the following vote:

For: 7 -

Mayor Avila, Vice Mayor JodyLee, Commissioner

Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,

Commissioner McCool, and Commissioner Shimkus

Discussion of Ordinance 11-2024 for a Temporary Moratorium Until

January 1, 2025. Marsha Segal-George, City Attorney (386) 878-8872.

Strategic Goal: Internal/External Communication

The City Attorney gave a brief explanation of the item.

The Commission and the City Attorney discussed implications of hiring a City Manager,

advertising requirements, previous moratoriums, having a plan, the consultant's schedule,

filling staff vacancies, mitigation, accountability, and ordinance changes.

Mayor Avila opened the public comments and Jim Pescha, Tara D'Errico and Elbert Bryan

addressed the City Commission.

Motion by Vice Mayor JodyLee, seconded by Commissioner Colwell, to

make sure there is a plan in place prior to adoption of the ordinance.

The Commission and City Attorney discussed the Theresa Basin Study, Planning &

Development Director, hiring a new City Manager, developer amendments, visioning

session, Resolution vs. Ordinance, rubber stamping, the Strategic Plan, reviewing projects

individually, flooding concerns, not recycling visions, and DRC (Development Review

Committee).

Vice Mayor JodyLee withdrew his motion and Commissioner Colwell withdrew

his second.

6. CITY MANAGER COMMENTS:

7. CITY COMMISSION COMMENTS:

Mayor Avila asked if Special Commission Meetings had "City Commission Comments" on

the agenda.

Commissioner Heriot asked what each Commissioner would like to see in the City

Manager contract.

Vice Mayor JodyLee stated he and another Commissioner requested to add "City

Commission Comments" to this agenda.

Commissioner Shimkus stated he would like to revisit the mileage reimbursement, he

would like a section by section cost of the contract, and to revisit the termination processes

and which are tied to severance

Commissioner McCool spoke about the process, feeling invalidated, public comments,

soliciting feedback, criticism and feedback, being disingenuous, not being heard, striking a

balance, and insurance benefits.

Commissioner Colwell asked for clarification regarding the election termination.

Vice Mayor JodyLee spoke about everyone voicing their opinion, staying in their lane, the

residents' wants, wanting Mr. Dougherty to come, seven different concerns, and making the

best of the comments heard.

Mayor Avila asked to revisit the City vehicle vs. a stipend, insurance deductibles, insurance

caps, 45 days additional vacation change to 20 days, having a vacation cap, and have

citizen input on the evaluations.

8. ADJOURNMENT:

There being no further business, the meeting adjourned at 7:30 p.m.

______________________________

Santiago Avila, Jr., MAYOR

ATTEST: