DELTONA, Fla. – A group of Deltona residents is preparing to take legal action against the city, claiming the city commission violated sunshine laws by holding a meeting that was supposed to be canceled.
Residents were prepared to speak out against a large affordable housing project called “New Hope.” They believed the public hearing was canceled last week, as the city had announced. However, the meeting technically took place with only a few commissioners present.
“There were about 60 to 100 residents, to my knowledge, that were going to come and speak about this development that we’re in opposition of,” said David Sosa, one of the residents involved in the lawsuit.
[WATCH: Deltona leaders to consider stricter rules for e-bikes]
Sosa said the city’s actions didn’t follow protocol.
“The city can’t put a meeting out, notice it, and then cancel it two hours or three hours before, and then call a couple commissioners — the vice mayor and the one commissioner. I feel sorry for them because now they’re in the hot seat.”
The residents’ lawyer sent a notice threatening to sue and warning legal action. On Feb. 2, the city said the meeting was canceled due to a lack of quorum, but the notice argues the meeting was called to order with only two commissioners, under direction from the city manager.
During the meeting, News 6 was told one commissioner read a script from city staff to delay the consent agenda, pushing the housing discussion to Feb. 17. Residents say even holding that meeting violated the law.
They want the housing topic removed from the agenda until it is properly advertised for 30 days.
“Put this project off and I believe there was another agenda item on there that needs to be noticed to the public with a 30-day notice,” Sosa said.
The residents’ lawyer presented their case at a special meeting on Monday. The city’s attorney argued that the city commission followed the rules.
[WATCH: Deltona stops new homes in Vineland Reserve over water worries]
However, one commissioner expressed concerns.
“That meeting was canceled. And then called to order. As a result, I’m not comfortable voting in the affirmative on any of these items,” said Commissioner Dori Howington.
News 6 went to City Hall to ask the mayor and city manager why the meeting was held if it might break the law, but was told by their secretary they were unavailable to speak.
News 6 also did not receive a response to emails sent to either official.
A city spokesperson said the city does not comment on pending litigation.