CivicDeltona, FL › August 3, 2026

City Commission on 2026-08-03 6:00 PM - Aug 03, 2026

Deltona, FL City Commission August 3, 2026 87 minutes
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Transcript

Speaker3:02

Commissioner Santiago? Here. Vice Mayor Vila-Vasquez? Present. Mayor Vila? Here. This time we're going to go to the invocation and pledge. I'm going to hand it off to Commissioner Santiago for the invocation, the pledge, and the honoring of the veteran. We can all stand for the pledge. If I can have Deltona Fire Department Chaplain Anthony Alvarez to do the invocation. Mr. Alvarez, if you can push the request to speak. It's the little guy. Thank you. Thank you. Good evening. Let us pray. I know there's a lot of tension in here, but you know what? I appreciate you guys a lot for everything that you do. Thank you. Most gracious and heavenly Father, I come before your presence, Father God. Look at this panel, Father God, these people that you have chosen to do your will, Father God. In the name of Jesus, I ask you, Father God, to bring peace into this place, Lord. No animosity, Father God. No pulling and shoving and treating each other bad, Father God. We're humans. I ask you, Lord, to bring peace into this place, Father God, which it needs it so badly, so much, Father God. And I thank the commissioners and everyone at the panel, Father God, for all they do and the blessings that they give to the community of Jesus. If you can meet me at the bottom there for the veterans test. Mr. Christopher Bellingham, if you can join me up front, please. Thank you. I'm just going to read a few things about Mr. Bellingham. Christopher Bellingham enlisted in the United States Army at the age of 17 and served five years on active duty as a combat medic with the 1st Battalion, 32nd Infantry Regiment, 10th Mountain Division. After two combat deployments to Afghanistan, totaling approximately 30 months, he provided emergency medical care while serving alongside infantry soldiers in dangerous environments. His experiences as a line medic instilled the values of selfless service, resilience, integrity, and leadership that continued to guide his life today. Mr. Bellingham, in recognition of your dedicated service, sacrifice, and commitment, deep gratitude is extended for your contributions in defending and protecting our nation. We thank you for your service. Well, your camera, I still have your password, darling, so get back up there. No, what are you doing? I can see it. There he is. The Florida Music World. Alex. All right. We're going to go to additions and deletions, and I have an addition, and I believe Commissioner Harry, you said you had something? All right. My addition is going to be really quick. I want to make sure I bring back, I talked about this the last commission meeting about sending the e-bike ordinance to Ordinance Review Committee to avoid the fiasco we have now, so I want us to bring it back today specifically just for the age restriction to comply with state statute. Mr. Mayor, just so I'm clear, procedurally, because it's an ordinance, you cannot make a change without proper notice and a first and second reading. You can, similar to what was done with other portions of Chapter 66, vote to suspend enforcement. That's what I'm saying. That's what I want to do. All right. Commissioner Harriet. Thank you, Mayor. My request is for consent agenda item J. I'd like to pull consent agenda item J. We're currently in additions and deletions still. Yeah. Okay. Let me see you on J. I'll get with you in just, Commissioner Novick. So, with the ordinance on the micromobility devices, are we going to go ahead and schedule that then for a vote? Because what I'd like to do, I'd like to see us workshop a little bit. I'd like to have the public have an opportunity to have a little bit of input. There's a lot of concern about it. Obviously, up here, we're trying to improve public safety, keep people from being injured or killed. We just had a crash Saturday involving a scooter. A kid was going like 28 miles an hour, wasn't wearing a helmet. So, before we take a vote on it, I'd like to, if we could schedule a workshop possibly on it, if that's the, if we can get consent on that. Okay. We're, right now, all we're going to discuss is suspending the age, the age limitations. Yeah. That's what we discussed. You want to add? My suggestion would just to be to add, as item 9D, a discussion on the micromobility ordinance, at which time you can take multiple actions. Okay. Thank you. 9D. 9D. Commissioner Howington, did you want to? We're adding a 9D. All right. At this time, I am entertaining a motion for the consent agenda items with J being pulled. Commissioner Harriot. I'll make a motion to approve consent agenda as presented with the exception of item J. Second. So, motion by Commissioner Harriot. Second by Commissioner Knobbeck. Is there any public comment? Daniel Fireman, please. Good evening. Daniel Fireman. I resided and I'm the board of, president of Edgewater Condominiums. I am happy to hear that the boat ramp is going to be discussed and voted on tonight. I remember enjoying walking along the boat ramp with my late mother. Today, the ramp is still closed and the entire right side of the area is covered with algae and waste. This past Saturday, I saw people fishing in it. This area is currently dangerous. I know there are signs not saying not to, but people are not listening, of course. I've seen a model of what the plans are for the site restoration and it appears to be a lot of work and may need to be revised to not affect the infrastructure of the condominiums. Regardless, though, of how the plans appear, tonight, I speak on behalf of Edgewater Condominiums to vote to approve the restoration of the Lake Monroe intake site and boat ramp. After approval, please start by restoring the side where the boils erupted before you start any other aspects of that plan. Also, we have faith that you will replace the trees along with the property line and mature trees to bring back the aesthetic of the condominiums. Thank you all for your time and your commitment to our city. That ends public comment. Does the motioner and the seconder want to? Yes? Okay. Commissioner Caldwell? E and J. E as in Edward? Okay. All right. At this time, I'll entertain another motion for the consent agenda item. Commissioner Novick, you're on first. Let Harriet make the motion. I'll second it again. Just amend that. Make a motion to approve consent agenda items A through D, F through I, and K and L. Okay. Motion by Commissioner Harriet. Second. Second by Commissioner Novick. Motion passes seven to zero. This time, we're going to go to consent agenda E, request for approval of resolution number 2026-67, award RFP 26019. Commissioner Caldwell, please turn on your mic. There you go. Section E here. What properties are we looking at to acquire? Good evening, Commissioner and Commissioner and Mayor. We are not looking at acquiring anything at this time. This is getting us positioned because we have our HMGP grant program, and we have two properties that we are looking at acquiring, and so this is to get us compliant with that grant and that we meet all the requirements for HMGP that is administered by the Division of Emergency Management on behalf of FEMA. So is it a compliant issue that we have to have a consultant for this? Yes, sir. Yes, and it, just real quickly, it also doesn't preclude the city from using these firms for other acquisition needs if necessary. All right. Thank you. All right. At this time, I'll entertain a motion. Commissioner Harriet. I'll make a motion to approve consent agenda item E. Is there a second? Commissioner Caldwell? I'll second that. Motion by Commissioner Harriet. Second by Commissioner Caldwell. Can we please vote? Motion passes seven to zero. Commissioner Harriet, we're talking about J, request for approval of reduction in fines. Request by respondent. Thank you, Mayor. This item is for, related to a property in District 1. It's a homesteaded property occupied by an elderly resident. I'd like to make a motion to approve the lien reduction to $3,713.56. The reason for this is because I feel after talking with staff, this was an issue of probably some bad actor contractors that were trying to take advantage of an elderly neighbor, and as soon as her family was made aware of the issues, they worked diligently to correct them immediately. They didn't drag their feet. They didn't delay. They took care of it very quickly, showing good faith, and so I'd like to do the same and reduce the lien amount to the amount of staff time that we have involved in it. All right. There's a motion by Commissioner Harriet. Commissioner Howington? I'll second. Excuse me. There's a motion by Commissioner Harriet, second by Commissioner Howington. Can we please vote? Motion passes seven to zero. This time, we're going to go into action items. Action item 9A, if I can please have the city attorney read it. Yes, Mr. Mayor, this is a request for approval of the Proportionate Fair Share Agreement for the Culver's Restaurant located at 3095 Howland Boulevard, and the applicant and staff are prepared for presentation. Thank you. Commissioner Santiago. Motion to approve the Proportionate Fair Share Agreement for the Culver's Restaurant located at 3095 Howland Boulevard. Second. There's a motion by Commissioner Santiago. Vice Mayor, did you want to do the second? Okay. Commissioner Harriet. Second. Second. Second. All right. Is there any public comment before we go to Commissioner questions? No? Vice Mayor Avila Vasquez? Thank you. Can we please give a description or explanation of this to the residents, please? Thank you. Good evening, Mayor, Commission. So this is a proportionate fair share agreement between Culver's, Volusia County, and City of Deltona. And it's just a way for the developer to pay their fair share roadway improvements for their impact on the traffic. Since Howland is a county road, they will be paying their fair share of $169,790.84, which will go directly to Volusia County. Vice Mayor. Thank you. All right. Can we please vote? Motion passes 7-0. This time we're going to go into action item 9B. City Attorney. Yes, Mr. Mayor. At the June 22nd, 2026 commission meeting, the City Commission approved resolution number 2026-48, foreclosure of outstanding municipal liens at 271 Fort Smith Boulevard. On July 20th, 2026, the foreclosure petition was filed with the Clerk of the Seventh Judicial Circuit Court. In a case styled City of Deltona versus Two Star Investment, Inc., the case number 2026-12707-CIDL. On July 20th, 2026, the City Commission meeting provided consensus to bring this resolution back for a discussion before the City Commission. You have all at your seats a timeline of the violation that led up to these foreclosure liens that was prepared by your code enforcement staff for your information. Just as a preliminary matter, this is a valid lien that is eligible for foreclosure that was approved by the City Commission. However, if the City Commission would like to halt the proceedings, you are within your jurisdiction to do so. Commissioner Cole, this is your request. Do you want to? Go ahead, sir. Yeah. I'm going to start out with saying I did a public records request on 7-17-26 requesting all these documents. None of this shows up on our city website under this address. There's been a lien filed in the county court, and it was forgave on the 23rd of the year 23, I think, where it was satisfied in the amount of $1,200. Those are the only liens that are recorded in – there's only one lien recorded in the county documents. So, the liens that were filed for this property totaled, at the time, $54,450. It's recorded at official records book 7883, page 3943. I don't know what documents – Is there two liens? Those are from the courthouse. I don't – Yeah. I don't know which documents you're looking at. So, Commissioner Cole has provided copies of – certified copies, it appears, of two liens, one being for the case DEL 20-008, and one being for the case DEL 23-218. The 23-218 is the lien that I was referencing totaling $54,540 at the time of – at the time that this resolution was drafted, it reflects the daily running fine as well as the interest associated with it. So, this is two different liens? So, the 20-008, this is a – this is an order that also includes the $5,050, which was the daily running fine. So, yeah, there's two liens associated with this property. Why is none of this information that you handed on my desk today in the website, in the DEL 20-008 website? That information, it was provided by your city staff. That is from their code enforcement files. Whether or not that's in a public-facing portal, I cannot tell you. Is it not in a public-facing portal from 2020? Danny, can you provide some input on that? Are your code enforcement cases generally in a public-facing portal, or are those available upon request? Good evening. Danny Rocco, Complaints Manager. As for the portal, public portal, you'll have some basic information, cases, the status of the cases that are open, but the details of the cases would not be available. They would have to go through a public record request to obtain that information. Can you turn on your microphone again, Commissioner Carwell, please? On a portal, it says there is no documents relating to this property. Okay. So there would be some type of information put on this? There should be information under that BLD. The actual code case is BLD 001709, 2019. I understand there should be, but there's not. I'm not sure, sir. Nor is there these other five that just handed to me from 2025 or 2026, May of 2026. There was more code violations. Those don't show up on our website either. I'm not aware about the website, but those cases are, I'm aware of those cases because we opened them up. 2026, 2025, I know we had a case for the fire department deficient in the chemical compliance in 2020, another code case, kind of considered as a repeat offender for doing work with no permit. I'm not sure about this being in the portal that have access. If you do a public record request, that information will be there. All right. Well, again, I, you know, ask for information on 17 through a public records request that I haven't received anything other than these five documents as of Friday. I'd like to put this on hold to make a motion, put this on hold so we can do some more research. Is that? Are you trying to do a motion? Yes. I'd like to make a motion to put this on hold. Commissioner Caldwell, Commissioner Howington, you're up next. Just for clarification, are you asking to pause the foreclosure? For foreclosure for a moment, yes. With that clarification, I would second. There's a motion by Commissioner Caldwell, second by Commissioner Howington. Commissioner Howington, did you also want, go ahead. Yes. Commissioner Caldwell, are you done? Yes. Okay, go ahead, Commissioner Howington. So I had some concerns with this myself. Initially when this was brought up, I believe it was Commissioner Caldwell who had asked if this business was changing hands and we were told no, it was not. But then shortly thereafter, I believe a day or two after, I drove past the business and it was very visibly changing hands and we have a new business opening up there. Further looking at this list that we were just provided, it looks like on June 1st, there was part of the code cases were closed due to voluntary compliance. And then on June 21st of 2026, an exterior surface item was closed due to voluntary compliance. And then on June 22nd, this item was brought forth to the commission to have us foreclose on the property. This information provided here shows me that clearly the city had been working with the people recently. And as recent as the day before we voted to foreclose, they were voluntarily coming into compliance. So here we have a new business that's trying to come to Deltona and we're throwing up roadblocks and the commission is being told that no, there's no new business there, but clearly there is. That concerns me. I've also heard statements that at the magistrate meeting that they were trying to come into compliance and that they were having problems with the fire marshal, not wanting to allow them to move forward and do the work, even though the magistrate was saying that they should be allowed to move forward. With that, I'd like to see the magistrate transcripts and information so that we know that what we're dealing with is accurate information. Because looking at this list, it looks like we're foreclosing on somebody who's trying to work with the city and was trying to work with the city prior to us for making the decision to move forward with the foreclosure. So I'd like us to have more information, factual information, before we proceed with this foreclosure process. Because the documents that we have here don't match what we were told when we made that decision. Commissioner, so that I can be clear, the property has not changed hands. It has been the same owners. The question was the business. The question was whether the property had changed hands. I understand that there was a different question or maybe a different intent behind the question, which would have perhaps given a different answer. However, there's no active business in that location. There's no business license. It would have changed my vote had I received the proper answer. Understood. As far as your request for magistrate transcripts, are you looking for every hearing associated with this property or only recent hearings? Well, if we're going to foreclose on the property, I think the commission needs to know what we are voting on. I mean, and we do have the right to get public records related to items that we are voting on, correct? Yes, I'm not disputing that. I just want for clarification because your staff is going to have to go back and pull those records to provide them for you. Well, if we're going to foreclose, I think it's necessary. Understood. Thank you. And I also want to, before you all vote, want to just clarify the motion because there's pausing the foreclosure. There's kind of, there's one is where the city just stopped, you know, we stopped pressing, but the, there's a, you know, there's a timeline set by the court. Are you asking for us to file a stay in that action in order to officially notify the court that we do not want to move forward at this time? Commissioner Caldwell, is that your intent? Thank you for that clarification. Okay, I got, I have something before we go to public comment and then we vote. Is there a representative here for, I believe there is a representative, do you mind coming to, is that okay with the commission if I call him to the podium? Mr. Volz, if you don't mind pushing the speak, fine. Good evening. Good evening, Mr. Volz. I have a question for you. Are you, did you, were you aware of the other situation? I guess there seems to be other code. Yes. So the owners are here, by the way. Okay. If you have questions. The, the, there were two code violations in 2020 that were sustained with tenants in the building and 2023, they resolved those issues. So they thought that release of lien was to cover those two code violations. And Mr. Marion that was up here explained to you, he did not draft those documents. So there's errors to the release of lien on this property. And it opened up a can of 19 other cases that is going to come up. Now they're here to ask any questions, but they were not aware of the one that they filed. But let me, I don't mean to interrupt you. I just, I'm trying to get to a point. Do you think they'd be willing to come into compliance with the other situation that we have currently? They're more willing to work with you guys. How much time do you think he'll need? They're, they're in compliance. It's just a matter of. Danny, are they completely in compliance right now? And if they're not in compliance, what is it that they need to get into compliance? They're currently in compliance with all the code violations. Including the other ones? The only thing that we still have pending is that one case from 2020, which is the $54,000 fine from that one particular case, special magistrate hearing. What was the, hold on. What was the recommendation from the special magistrate? He didn't give a recommendation. We haven't gone to reduction in fines yet. If they will, if they want to go to reduction fines, they have the opportunity. So I'm going to respectfully ask Commissioner Caldwell to retract his motion and Commissioner Howington to retract your second, if you can, please. I'm going to request that we completely just stop the foreclosure so they can go through the, the, the process of reduction. And then we can actually, if they're already getting this fixed and all we're talking about is money, we don't need to be going into the foreclosure business. It just, it, and, and then on top of that, during my commissioner comments, I think I want to find out what the heck is going on, on the coding for the former employee that was here, because that's, that's, that is extremely concerning. People make mistakes, I get that, but we don't need the, the, the, the, just, we're a city, you know? So Commissioner Caldwell, do you mind retracting your Commissioner Howington? Yes. Okay. So Commissioner Nobik, before I do anything, I see you're on the board. Yeah. So I just, I just want to clarify the, the foreclosure. Mr. Vols, that's all. Thank you. Thank you. The foreclosure was a result of the building owner not paying the fines that were ordered by the magistrate. It has nothing to do with the new business coming in. So I'm okay if they want to move forward with a reduction of fine at this point, but I just want to clarify, it's got nothing to do with the violations being fixed or not being fixed. They weren't in compliance as a result of what occurred initially in 2019. They had an opportunity to come in compliance, the tenants under the owner of the building's supervision, and they chose not to do that for a period of time, which resulted in Danny coming to the magistrate, bringing the case to the magistrate, where he ordered fines that were occurring on a daily basis, to bring the tenant, the tenant's business, in compliance. That didn't occur until they reached 50-something thousand dollars worth of fines. Then the owner of the building, who's ultimately responsible, chose not to pay those fines or ask for a reduction in fines. That's what resulted in us going to foreclosure. It has nothing to do with the compliance or noncompliance. This was an order by the magistrate that they chose not to pay those fines. That's the next step for us is if they don't pay, you put the lien on, and when the lien's not satisfied, you go into foreclosure. All right. So at this point, I do support, and I'll make the motion. Do we need a motion? To stop all the foreclosure? To stop the foreclosure. Yes, if you want to do the motion. Yeah, we'll stop the foreclosure and give the building owner an opportunity to apply for a reduction of fines. Can we do that at a time, sir? Not to exceed the motion. A motion by Commissioner. So, and I'll say that is, procedurally, I would recommend that the motion be for a stay, to file a stay in the case for 90 days. Let the clerk record it as legal as saying it needs to be worded that way. Okay. Commissioner Nobby, Commissioner Harriet, you're up next. Did you want to second that motion? I'll second the motion, but I'd also, can we get some agreement from the property owners that this is what they're looking for? Mr. Volsa, you want to speak for them or? Because I know you're representing them. Is he their legal representative? He is their real estate agent. I don't think he needs to be a legal representative for that. Good. Okay. Yeah, if he's representing them in conjunction with the property and has authority to bind them, then yes. There you go. Go ahead, please. They want to work this out the best they can. And what's best for the tenants as well, because this is a pretty substantial agreement, it's a 10-year contract that, you know, is on the line here. You think they'll be okay with getting to the special magistrate within 90 days to work out some type of reduction? Yeah. I think it is the lien, we care of both, and you guys think there's one left. So, there's going to be some disagreements or some things that are going to have to be worked out with them in code compliance. See, the problem here is you locked up the property with this foreclosure. Normally, we go back and hold the tenants accountable for any code violations. We can't do that because it's old tenants. It's time, statute of limitations are gone. So, anything that comes of this is going to be out of their pocket. And in November of 2023, they thought everything was taken care of. They got a mortgage on this property in 2024. If you own a property, you know no financial institution will lend on a property with a government lien. None. Got it. So, they definitely want to work this out. Okay. Perfect. Thank you. Commissioner Heria, did you want to say anything else before I continue? I'll second. Okay. Commissioner Caldwell, you're also on the microphone. I was going to second it, but I do have a quick turn on your. There you go. So, approximately how many properties do we have with substantial liens on them at this time? Does anybody have an idea or can I get a list of that? Are we going to? Yeah. I see Danny's coming up. I think that we probably need time to generate a report for you all of all of the active liens. Commissioner Caldwell, would you be okay if he provided that to you? That's fine. Give a time, sir. When I say substantial, anything over $5,000. Absolutely. Absolutely. Yes. We have a worksheet that covers all the liens that we have within the city within the last couple of years. And we can provide that information. Just give some time to get that for you. Well, this goes all the way back to 2020. So, that's six years. Is there anything past that? No, we still got more liens out there until 20 years. Okay. So, I'd like a complete list, yes. Okay. All open. That's it. Thank you. Thank you, Danny. Before we go and vote, is there any public comment? Excuse me, Mr. Bellick, can you please wait until you're called on? Go ahead, Sarah. Excuse me, Mr. Bellick. Mr. Bowles was the only one with a sheet in, so. Mr. Bowles, did you want to come and speak again or are you good? You're good? All right. Mr. Bellick, please. Please turn on the microphone. Button's there. There you go. I feel like a national. Okay, ladies and gentlemen, this should have all been ironed out before you even got here. People come home from work. They come here. You got a high-priced attorney here. The other high-priced city manager, he's not here. And you just have to go through this Believe It or Not contest or Ripley's Believe It or Not, whatever you want to call it. This should have been done. This is gross incompetence by your city government. What are you talking of? Keep quiet when I'm talking. Excuse me. Direct me. Direct me, please. This is gross incompetence. This should have all been prepared. These people shouldn't have to go through this. This is your taxpayers going out the window. Their money. It's a waste of time here. Come on. They have to go through this. Sit here and this back and forth, this and that. People putting in things. It should have been done. It should have been prepared. This should have been a five-minute thing, not 45 minutes. This is continuous here. It's incompetence. It looks like you're not only taking the people's money, you're stealing it. You just got to grow up. Your staff, I like them all. Why don't you grow up and stop pulling my name, you asshole? You're an asshole, you bearded jerk. Mr. Bellic, stop. You're a welfare case, and your mother's been evicted. Please remove Mr. Bellic from the podium. Have a good day, Mr. Bellic. Okay. Is there any more public comments? No? Okay. So just before we go take a vote, I want to make clear. The reason why I want to do this, it's not because I don't think our city staff do a bad job. They do a great job. But there's just a lot of probably miscommunication. We're talking about something that's probably six years old. So I have no doubt in my mind that Danny, his staff, and the legal department don't know how to do their job. I know they know how to do their job. Okay? So that's not the issue. We just got to make sure that this is not a continuous thing, especially with the website. We know we have some issues with Civic Plus. If this is something that's going to continue, we need to get that fixed as soon as possible. So please, let's go with the vote. Motion passes 7-0. So, City Attorney, you know that we're doing a stay in place and then 90 days for him to, for the property owners to reach out and get request for reduction from the special magistrate. Yes, sir. We'll file the request for stay for 90 days. And then if we're able to resolve it through the reduction process, we'll file a voluntary dismissal. All right. Now we're going to Section 9C. If you can please read the resolution requests. Yes, Mr. Mayor. This is Resolution No. 2026-64, a resolution of the City of Deltona, Florida, approving the settlement of all claims made by Lynette Quintana and Rademez Estrada, providing for implementation at an effective date. This is a claim that arose out of a motor vehicle accident in September of 2024. This has been recommended for settlement by your insurance carrier for the total amount of $60,000. Your carrier will be covering the full amount. Do you know who the attorney is on file representing the victim? I would need to look that information up. Can you find out? Yes, sir. I want to make sure it's not the law firm I work for. Against popular belief, I do have a job, so I want to make sure that I'm not doing a conflict of interest thing. Vice Mayor Avila Vasquez, you wanted to? Yes, thank you, Mayor. So I have a question. When do we bring these items to these type of meetings? I thought these were taken care of during CHE meetings. I'm sorry, I'm asking the legal. The approval of settlement must be in an open public meeting. In an executive session, we can discuss litigation strategy and other items on a pending legal matter because this was recommended for settlement by your carrier. We're trying to listen, please. Because this was recommended for settlement by your carrier, and this is all carrier money, none of this is city funds, it was appropriate to just bring it to you all for approval. We really don't have an option not to settle because the carrier is the one who's dealing with the funds. Thank you for the answer. All right, this time I'll entertain a motion while you discover who the attorney is, and a second before we go to public comment. Commissioner Novick? Make a motion to approve Resolution 2026-64. Commissioner Santiago? Second. Motion by Commissioner Novick, second by Commissioner Santiago. Is there any public comment? I will ask for how much time do you need, five minutes? Yeah, just five minutes. I'll ask for a five-minute recess while he discovers who the attorney unfollows. That was very quick. Thank you to our deputies. The Dan Newland attorney's is the counsel of record. Can we please vote? Motion passes seven to zero. This time we're going to go to Action Item 9, Diaz and David, for e-bikes, and that was the one that asked for this to be added in addition. So obviously I had some concerns when we passed this the other day. I understand it was the first reading, but again, whether I believe this should have gone to Ordinance Review Committee or not, to be on the point, I did have a long conversation with Sheriff Chitwood Friday. And this is right now, as it sits on its face, unenforceable because, and I understand that the attorneys tried to reach out and they did not get a reply back. But I am requesting this commission to suspend the age limitations. For the simple fact, my concern was at 15 1⁄2, you can get a learner's permit and drive a car. And I get we're not driving on sidewalks and all that, but you're also telling the same kids that do have a driver's license or a learning permit that they can't drive their e-bikes anywhere. So I have concerns with that. So that is what I'm asking the commission. If you guys want to talk about anything else, that's great. All I care about right now is suspending the age limitation. Commissioner Herriot. Thank you, Mayor. I am supportive of that request. I think that that's a fair thing to do. But I want to make sure that we don't drop this altogether. No, that's all. I've heard from a lot of residents. I have witnessed it firsthand. I witnessed it last night driving down Howland Boulevard at 9 o'clock at night with an e-motorcycle riding in the middle of the lane with zero lights on. So this is a significant issue with our city. It's something that we need to put some guardrails around. We need to have discussion. I appreciated Commissioner Novick's request for a workshop and fully support that as well. But this needs to be a community conversation, truly, is what it really needs to be. So thank you. Commissioner Howington. Thank Commissioner Caldwell. Thank you. This is kind of a hard one for me. I don't want to remove the age restriction entirely. I would like us to bring it down to either licensed drivers or age 16. So my request, what is state statute, is my request, which is 15. Go ahead. So you all would be suspending the portion of your ordinance related to the age restriction. However, state law would control and step in, essentially, to fill that gap. And I believe the sheriff has already gone on record that he would be enforcing state statute and not the city's ordinance. So without speaking for him, I imagine that this would be something he would feel okay about. So the state statute specifically states that nobody under 15 and a half can use an e-bike? A state statute is the uniform traffic code. So it deals with licensed drivers and driving on the road. And so we would be applying that to the e-bike policy? Or, sorry, ordinance. Yeah, he'd be enforcing the uniform traffic code. He'd be enforcing the state statute. It's a little more complicated. It's not applying it to our ordinance. They're two separate regulatory frameworks. Does the state, does that apply to e-bikes specifically? Because you're saying it's a uniform traffic code. But does it specifically apply to e-bikes? It applies to vehicles on the road. And e-bikes, if you bike a vehicle, the reason why these micromobility ordinances came about is because there's this, these micromobility devices don't always fall cleanly within a vehicle definition or not considered. So this would apply certainly to something like a, that would be considered a motorcycle or a scooter, you know, a moped, something like that. So it's honestly difficult to say. So how does that work when somebody's using an e-bike on a sidewalk? So I would honestly have to defer to the sheriff's council and the sheriff on how they would enforce that. Okay. I would, I would really love to know what the enforcement is of that. We're paying $16 million a year to have enforcement of our ordinances as opposed to having our own police department. So it would be nice to know what is being enforced or are we just up here creating ordinances that are pointless? You know, as, as people know, my child was hit by a car on a bicycle, not an e-bike. And by the grace of God, he didn't have the handlebars go through his chest, but he's going to have a scar for the rest of his life. So if we, one, I just need to make sure that what we're doing up here has value to it. So if we could possibly get with the sheriff and find out what they will actually enforce for us versus what not. Because if not, we may as well just fall back to all the state statutes and not create ordinances. And certainly that's something that, you know, that's something that prior to. Mr. Bellick, this is your one warning. You disrupt this commission again, you're out. One warning. Please remove Mr. Bellick from the, from, from the city hall. Could you please remove? Thank you. And that is something that we had attempted to reach out. Um, and, uh, unfortunately we did not receive a response, um, prior to adoption of the ordinance. Um, hopefully now that this has become, uh, a more public issue, um, we'll be able to work collaboratively with the sheriff and his council to craft revisions that, uh, the sheriff will, um, you know, feel are enforceable. Okay. Thank you. Yeah. I had the same question as Ms. Holling did here. Um, however, I have a question in regards to motorized vehicles, because you keep referring to the roadways. So you're, you're steering away from the sidewalks. It seems like, isn't there a state ordinance that does not allow motorized vehicles on sidewalks, whether it be electric or gas powered is still a motorized vehicle. Is it not? Yeah. And that's where the, whether or not something is a vehicle is where these micro mobility ordinances kind of come into play to catch that, the, these kind of, missing devices, um, and again, we'll defer to, have to defer to the sheriff and his, you know, his enforcement and his counsel on what they will be doing. I assume that if you're riding a motorcycle on the sidewalk, you're going to get a ticket, if not sent to jail. Right. I mean, my concern is, is when you're driving a vehicle or you're 15 and a half with a learner's permit or 18 years old, you don't stop at every roadway that you've crossed paths with. If we're on a sidewalk or on a bicycle, you're supposed to, so. Vice Mayor Vila Vasquez, I think Commissioner Harriet. Thank you, Mayor. I think that, um, most of the, my questions were geared more to, um, what Commissioner Dorey and Steve said. And I believe that we should have a workshop because we're trying to do something that the sheriff's department is not going to enforce at all. Um, so we're putting all these rules out there. Who's going to enforce them? Code enforcements can't do that. Um, I think we need to sit down, uh, talk to the sheriff's department and see what is it that we can enforce that they will enforce as well on their side. This was never obviously discussed with the sheriff's department, and this is why we're having these issues right now. And also get feedback from the residents as to the pros and the cons and the yes and the no's. You know, I made a comment, a statement to the news, and I mentioned my grandson. I had a conversation with him about this, and he made sense. You know, he says, Grandma, it's not only the fault of the e-bikes, it's the fault of the kids that are riding it. But how much schooling and training and education did they get? Yes, 15 and 16 have a driver's license, but they get, um, uh, training. They drive in school, they get trained on how to drive a car, and they get a license. These kids get an e-bike for Christmas, and they're on the road without being told the do's and the don'ts. I'm not blaming the kids. I'm not blaming the parents. My son, my grandson used an e-bike to get to school when he couldn't, um, get dropped off by his mom. So we have to look at both sides. We have to make the best decision, the safest decisions for the residents and our children. Um, yes, I think that we should have a workshop and start from scratch on this. Thank you, ma'am. Commissioner Harriet, and then Commissioner Novick. Thank you, mayor. I'd like to make a motion to suspend the enforcement of the micromobility ordinance. Uh, there's already a motion, and you seconded the motion. Oh. It's been a little. It seems like, uh, forever ago. All right. Commissioner Novick, and then Commissioner Howell. So keep in mind the, the, you know, the legislature drafted something to, about micromobility devices to go into law, and the governor chose not to sign that into law and kicked it back down to the local jurisdictions. So the, the workshop, I think, is a great idea. It'll get Commissioner Howington's questions answered, the rest of our questions answered, uh, give the, the community an opportunity to weigh in on maybe making things even more restrictive or, or setting some other limitations. We also need to probably, uh, I'd recommend that we ask for the school board, uh, to attend that meeting also. Because if we're going to allow these, if we're not going to allow these devices and the kids do ride them to school and they come on school property, that creates another, another problem. We may want to look at limiting, uh, the devices that can be used in our parks, riding around in our parks. These, uh, we've had some events there that I've been at, and the kids on the scooters are flying around at, at 20, 30 miles an hour, uh, while we have a whole bunch of pedestrians there. So I think we, there's parts of this we can retool, Zach, and, and, and look at, uh, some other components and get some community input. So at this point, I call the question, sir. So Commissioner Novick has called to question, Commissioner Howington. So, uh, is there any public comment before we go directly to the vote? Uh, please, as soon as the public comment is done, we'll do the vote. Matt Borgans, please. Uh, thanks for bringing this up. I, you know, I appreciate what you guys are doing here. Uh, the issue is that, uh, for, uh, class one or class two, that's the one that, you know, a lot of people are talking about. It can go to up to 20 miles an hour. You can be two years old. As soon as you can ride a bike, you can be two. That's below school. This should have went to the, not, not at a workshop. It should go to the ordinance committee where the, the city and everybody can, uh, the citizens, the school board, the sheriff, we do it there. Then we can bring it to the commission here. Let's, let's start at the work of the ordinance committee, then bring it there. Not another workshop. I'm sure that's where a lot of people are used to because we didn't have the ordinance committee, have the ordinance committee. Let's bring it there, make it, you know, kind of there and then work there. But like I said, it's those class one and class twos that right on the sidewalk is, is what everybody's talking about at, at class three, which is the ones go faster. That's when you're at 16. So, uh, you know, like I said, you can be two years old, as long as you can ride a bike, you can ride an e-bike illegally. So, and as long as you wear a helmet, you know, that, that's, that's the thing there. So that's where your, your issue is at. And that's where the ordinance, uh, the statute came down and says that the city, uh, the cities can start putting the, the things on there. Um, the attorneys can correct me if I'm wrong. Law enforcement correct me if I'm wrong, but that, that's what the issue is, is those different classes. And that's the classes are on how they're, they're used, the pedal versus the handlebars versus the actual motorized ones. So that's why I recommend it go to the ordinance committee. So thank you. Jody Lee, please. Let's come back. You guys pass the ordinance. Did any of this information ever go through anybody's head before you made an ordinance that couldn't be enforced? I mean, if we give them, I'm not picking a sheriff's department, but at 14, 15, 16 million a year, you call them, they should call you back. This is something we, this should have been the ordinance review committee before we go through this whole thing. You guys look like morons on Facebook, social media. You get a driver's license at 15 and a half. You gotta be 18 to drive a scooter. That was the dumbest. Now there's remote control skateboards that do this. There's scooters. There's bikes. The state hasn't even, like Commissioner Mavik said, the state, the governor passed it back down to the local jurisdictions. It depends on how many kilowatts there are, how many watts these are. Where you've got, you can have a 10 year old on something that'll do 60 miles an hour. Now, technically that's illegal. It's supposed to be under, I think, 30 or 25 miles an hour. But instead of coming up with this and passing it in the very beginning, why didn't it all go to the ordinance review and get talked about before everybody looks like a bunch of monkeys? That's all. And the school board's already putting forward a safety. A lot of you don't reach out and talk to the school board either. I guess I will be talking about e-bikes tonight. Okay. As you might have guessed, a lot of people have given me a lot of commentary because I've been goofing around about this on social media quite a bit. And one of the things that hasn't come up yet, because I always like to bring up what everybody else has missed, the school has come out with their own directives for e-bikes, micro-mobilities. I haven't heard anybody mention anything about that. And I can tell you that the higher ups and the bureaucracy of the school are a little bit put out because they haven't been part of the table on these decisions. So moving forward, I think that you should really consider using what they've, uh, incorporating it and what they've already done. And the other thing, the story I was going to tell you was about, uh, um, my childhood. Old friend of mine, his name was Buddy Yamish. He taught me how to do butterfly. I love swimming butterfly. Anyway, um, but it was kind of secretive. Nobody knew anything about him and he was scary as hell. Buddy gave me a job working his job while he slept at a Burger King place in the middle of the night. So he was making like eight bucks an hour and he paid me three bucks an hour to mop the floors. Anyway, one day, uh, we got to talking and I found out what was going on. But his father died of a heart attack. His mother was an alcoholic. He had, uh, two brothers and a sister. He was working two jobs. He was, uh, playing football and he was a B plus student in school, but he was 15 years old. He had been doing it since he was 14. I just feel that if somebody is working, just like we make special provisions for those who, uh, who work for driving cars, anything that you come up with should also include anybody who is that ambitious and needs help getting back and forth to work. I know me myself. I had a couple of jobs. One, I rode a bicycle 22 miles to work every day. And, uh, another one, I, uh, rode 15 miles every day. I would have loved for it to have been an e-bike. That's it. That is public comment. All right, Commissioner Nobick called for the vote. Can we please go ahead and vote? The motion was to suspend the age restriction. And the motioner was Commissioner Nobick, seconded by Commissioner Harriet. Motion passes seven to zero. This time we're going to go to city attorney comments. Thank you, Mr. Mayor. Um, if you don't mind at this time, I would like to address the, uh, question that was raised regarding the, uh, recording of the release of lien and the former employee. It's your time. Um, thank you, Mr. Mayor. So the former employee whose name appears on, um, appears a few, uh, release of liens that were recorded prior to our tenure as city attorney appears in the portion at the top of the release of lien where it says prepared by and returned to, and you have a contact person and the city of Deltona. After speaking with your code compliance staff who normally prepares these documents for execution by the city attorney, appears this is a, uh, template error that was carried forward. Um, we are happy to record an affidavit of Scrivener's error to correct that. However, it does not have any impact on the legal standing of those documents. The signature and the notary of those are still valid. Um, that's really just a Scrivener's error and we're happy to record those affidavits in order to correct the record. I, I would appreciate that. And, um, just a simple majority, if the commission is okay with them doing that, just a simple aye, aye opposed, please. Thank you, Mr. Mayor. And that's all I have for tonight. Okay. Uh, city manager or Mr. Whitcomb. Uh, uh, I have no comments tonight, sir. Okay. Uh, we'll start with commissioner district six commissioner Novick. Thank you, Mr. Mayor. Um, this last weekend we had yet again, another, um, issue with, um, waste pro not picking up all of the, uh, residents, uh, in, in district six and district five. Um, there were some streets that were missed, um, reached out and, and got, got somebody out there to, uh, pick most of that up. The remainder of it was picked up today, had conversation with, um, the manager and with Mr. McKinney who oversees that contract. And I've requested to meet with some staff and waste pro looking at the contract, seeing how we can try to remedy this. There's a variety of reasons that this occurs when it's a known issue. In other words, a truck breaks down, crew member becomes sick, uh, heat index is so high that they have to knock off early lightning trouble at the transfer station. All these things can be variables. Those are usually communicated to the city and the city puts out some type of a social media notice and put something on, on Facebook. When what occurred this weekend was strictly new hire human error. Uh, they just missed it. They screwed up and they waste pro takes responsibility for that. Um, and we do have a provision in the contract that forces where they find, no, isn't picked up, but ultimately I want to see happen is the trash get picked up, not, not interested in finding them. So I'm just going to have some conversation about my district and, and what occurred this weekend, uh, with everybody and see if we can come up with, uh, some tighter supervision for these new people, some more training maybe before they get cut loose. And, and just so we can try and improve the level of service. That's all I've got. All right. When you do that, if anyone with a report, we would greatly appreciate it. Yeah. Thank you. Yeah. The manager will bring a report back to the commission on, on any changes or improvements that they see they can make in the contract. I just, I just wanted to sit down with them. It's happened a couple of times now in my district. Um, this was five and, and because I'm, we're right on the border there, um, for that trash pickup day on Friday. And it creates a lot of problems because normally people do yard work on the weekend and if their trash can didn't get picked up on Friday and it's full, they can't put yard waste in it over the weekend, which would be picked up on Monday. So it, we, we just got to do, we got to work with them to do better. So I just want to be part of working through that. Thank you, commissioner. Nobby commissioner. Colwell. Thank you. Nothing commissioner. Howington. Thank you. Then patiently waiting. Thank you. Yes. Because my light's been on since we were talking about the e-bike. Um, when we do the workshop, I would like to request that we do something a little bit different than our typical format where the commission sits around and then we hear from the public for a very short period of time. I think that this is an opportunity that we need to hear from the residents as to what they would like to see done. And so if we could possibly come up with a different format, that would be appreciated. And then echoing kind of what the residents are saying, the stanchions, I'm not sure what the purpose of the stanchions are, but it does create an us versus them appearance. And I don't think that that's appropriate. So unless there's some specific reason, we've seen it cause problems with Mr. Blodgett. And if we could remove those, that would be great. Thank you. Commissioner Santiago. Thank you, mayor. Just a quick note, just to say thank you so much for all the support for the back to school fair. We had free haircuts, over a thousand backpacks were given out. Um, it's, it's something that, um, it's dear to my heart for over 15 years to get these children ready for our school. So, um, to all the teachers and the schools and, um, all the supporters that were there on Sunday. Thank you. Thank you so much. And, um, good luck schools around the corner. Stay safe and have a good night. Commissioner Harriot. Thank you, mayor. We've had, uh, some similar, uh, concerns and issues with WastePro and District 1. And I've reached out to WastePro and, uh, initiated those conversations as well. Um, on another note, I'd also like to, uh, let everybody know, make everybody aware that the, uh, Masonic Lodge is hosting a teacher appreciation breakfast on August 15th at 830. And that's over at the lodge off of, uh, Apache Circle, which is right there at, um, Normandy and Saxon. That's all I have. Vice Mayor Avila-Vasquez. Thank you, mayor. So I have something to read to my residents. Um, and I wrote it because I don't want to remember, I'll forget anything that I wanted to say. So it's my public comment regarding the back to school giveaway. Good evening, mayor, commissioner, city manager, and members of the public. I would first like to recognize and thank the sponsors, volunteers, and community organizations that contributed time, funding, and school supplies to the Reason Back to School giveaway. Their efforts benefited Deltona students and families. At the same time, residents have raised reasonable questions about a reported allocation of approximately $47,000 in public funds. In prior years, the city reportedly budgeted substantially less for this event. I believe it was $5,000. Because public funds are involved, I respectfully request a clear written accounting of the expenditures, the city's role, and the safeguards used to ensure transparency, fairness, and compliance with applicable law and city policy. Question for public funds, was the city a sponsor, partner, or funding source for the event, and what written agreement defined each party's responsibilities? How was the approximately $47,000 disbursed? Please identify each payment, payee amount, purpose, and authorized document. Were funds paid to the Volusia Hispanic Association, or did the city purchase goods and services directly? Who purchased the backpacks and other supplies, and under what procurement process? What financial or in-kind contribution did the Volusia Hispanic Association make towards this event? Did the city require a report on my sponsorship donated supplies, expenditures, and remaining inventory? Which sponsors purchase or supply their own materials, and how were those donations valued and recorded? What organizations received leftover supplies? What quantities were distributed? And who approved these decisions? What controls were used to prevent political campaigning, preferably treatment, or appearance of political activity at a publicly funded community event? Was any ethics, character, or nonprofit compliance review conducting concerning the planning or operation of the event? Community and government concerns. I have lived in Deltona for 26 years, and remember this event as a long-standing community tradition, supported by the city and the fire department, elected officials, staff, and their families. I asked the city to explain when and why responsibility for the event changed, how the current organizer was selected, and what oversight applies to the use of public funds. I also witnessed interactions in an event layout that raised concerns about whether politics was inserted into the event. The greeting and backpack distribution area appeared to give selected candidates prominent access to families, while an offer of volunteer assistance from the vice mayor was declined by Commissioner Emma Santiago. I am not asking the commission to accept assumptions about anyone's intent. I am asking for the relevant facts, policies, communications, and review process so the public can determine whether the event remained nonpartisan and was administered fairly. Any official determination regarding a potential conflict of interest, charter violation, or a nonprofit organization's tax-exempt obligation should be made by the legal authority city attorneys after reviewing the evidence. Request action. I respectfully request the city attorney to look into the participation and actions taken by Commissioner Emma Santiago towards the vice mayor, Maritza Avila-Vaskin, taking over full control and denying her the rights to participate and assist in a city-sponsored event. The city manager to provide written responses for the public, publish, or make available the budget, invoices, contracts, sponsorship records, donation records, inventory records, correspondence, and post-event accounting. Transparency protects the city, participating organizations, elected officials, and most importantly, the public's trust. In closing, a central question remains. Does the city's partnership with or sponsorship of an organization formerly led by Commissioner Emma Santiago create an actual or perceived conflict of interest, particularly if she continues to exercise influence over the organization or its involvement in the organization or its involvement in city-sponsored events? I respectfully request that the appropriate legal or ethics authority review the relevant facts and provide a determination based on applicable law and city policy. And I also want to just make another comment. I know that people are saying, she was there, she was helping. Yes, the only table that I was able to stay at without being thrown out of the center was the table of the Masons because I am an honorary member of them. So respectfully, yours, and on behalf of Deltona City residents, I, Maritza Mayor, Vice Mayor Maritza Avila, do apologize to residents who came to the event, purchased their own merchandise, and had to see me follow around at the center by Commissioner Emma Santiago to make sure that I did not sit or stand by any other table to assist. Thank you, Mayor. We're not doing this. Excuse me. I'm the one that runs this meeting. I don't need any of you to tell me. I don't need to applaud. Stop acting like children. We're adults. Nobody's going to respond. It's my turn now. That's it. All right? When your information comes back, just like the investigation that we spent money on, on a parade for your witch hunts and stuff like that, come back all zero, this will come back, I'm sure, the same way. Okay? But we need to start acting like adults. Why? Because it's them. Our residents want adults up here. Not people completely acting like children all the time, fighting over politics. You had your time, Vice Mayor. So, excuse me, point of order, point of order, you had your time, point of order, you had your turn. Mr. Mayor, I would, because the Vice Mayor's comment is directing the attorneys and city staff, and it seems like requesting an outside investigation, which could potentially involve the obligation of city funds, I would ask that if that is to move forward, it be done via consensus of the dais. City Clerk, can you please turn on your mic and do that again? Go ahead. Absolutely. Commissioner Harriot? No. Commissioner Howington? Yes. Commissioner Nobik? Yes. Commissioner Santiago? Please. Motion passes four to three. All right. We're going to go ahead. I got a couple of things here. So, Zach, the contract with the American Legion, I believe it's been over a year since this dais unanimously approved it. I want this to get done within 30 days, please. They've been waiting for a long time. If I need to call for a vote for it to get done, I'm going to call for a vote. I don't want to call for a vote because this is the second time I've called for a unanimous vote, and it hasn't got done. I understand that their attorney is, with all due respect, taking a sweet time. It shouldn't be that difficult. These are our veterans. Let's just get it done. There's no politics here. It's just we asked for this over a year ago. So, Mr. Mayor, we do have a meeting scheduled with their council for later this week in order to discuss the final red line revisions that have been sent between the two parties. And we would expect to have a draft able to be presented to council within 30 days. Please. We just need to get it done. That's one. When we come up with the workshop for the e-bike situation, I think it would be a good idea if we do a joint workshop with the Ordnance Review Committee. I don't know if that's something that we're able to do, and obviously I'll ask the rest of the commissioners if they'd be okay with that. But I think that way everybody on this dais gets their say, and then also we get to hear from the Ordnance Review Committee as well. Is that something that's? Yes, a joint workshop is appropriate, and certainly we'll take that direction. Would the rest of the commission be okay with that? Let's just do a simple yes or no. All those in favor, yes? Yes. All those opposed? All right. So we can get that done. And then, well, that's all I have. So the meeting's adjourned. Hi, I'm Volusia Sheriff Mike Chitwood, and you're watching Deltona TV. Hi, I'm Gary Daniels. I'm the assistant PIO and production manager here at the city of Deltona, and we have exciting news. You can now watch Deltona TV on your smartphone, iOS, iPhone, or Android. Here's how you do it. Go to your app store. You'll open it up, and you'll go to your search bar, and you will type in Cablecast, C-A-B-L-E-C-A-S-T, Cablecast. And then you'll see the app there with the green icon. Just go ahead and download the app. And once it has downloaded, you will open the app, and there will be a lot of different channels from a lot of different organizations around the country. Luckily, Deltona TV, being one of the latest ones, is right here on the front page. But if it's not, you can go up to the search bar and type in Deltona TV. But as it is, it's right here on the front page. So you just click on it, and then you'll see a live stream's Deltona TV option. You click on that as well, and you hit play. And now you are watching Deltona TV live in HD. And you can also do the same thing on your Android phone.