City Commission
Regular MeetingDeltona, FL · December 17, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, December 17, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Herzberg called the City Manager Agenda Review Meeting to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 8 - Commissioner Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McFall
Commissioner Nabicht
Vice Mayor Ramos
Mayor Herzberg
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Nabicht.
Mayor Herzberg led the Pledge to the Flag and she asked Ms. Day to do the Roll Call. She
asked Commissioner Nabicht if he was prepared to do the invocation. Commissioner
Nabicht responded he will have a silent invocation.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting of November 12, 2018
and Regular Commission Meeting of November 19, 2018, as presented. -
Joyce Raftery, City Clerk (386) 878-8502.
There were no comments on this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for November 2018
Mayor Herzberg stated newly elected School Board Member Ruben Colon had asked to
join the Commission during the presentation of the Super Star Student recognitions.
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Commissioner Nabicht asked if the list had been updated and City Manager Shang
responded "yes."
There were no other comments on this item.
B. Government Finance Officers Association has awarded the City of
Deltona/Finance Department the Certificate of Achievement for Excellence
in Finance Reporting. Jane K. Shang, City Manager (386) 878-8850.
Strategic Goal: Fiscal Issues
Mayor Herzberg asked if Finance Director Camille Hooper would do this item. City
Manager Shang responded Ms. Hooper will represent Finance.
There were no other comments on this item.
C. Deltona Water - Protocol for returning security deposits; Dave Denny,
Interim Public Works Director, (386) 878-8973
Strategic Goal: Fiscal Issues
Mayor Herzberg stated next is Item 5-C, Deltona Water protocol for returning security
deposits. She asked if Mr. Denny is going to give an update on this and she asked if there
were any questions.
Commissioner Avila-Vazquez stated she remembered that back before Deltona Water was
Deltona Water residents received their deposit refunds and she asked if this would be
made known to the public that there might be people that have already received refunds .
Mr. Denny responded Deltona Water has those records so if anyone calls staff can see if
there is an active deposit or not. He explained that Florida Water returned deposits with
interest before Deltona bought the water company, but since then it has not been that way.
Commissioner Bradford asked if that would be brought up downstairs and Mayor Herzberg
responded "yes." She stated she did have a question about the security deposit
requirements and she asked if everyone is paying a security deposit or is it based off of
credit scores. City Manager Shang responded that it is in the criteria that if you have not
had a disconnect in 24 months. Commissioner Bradford asked about initial setup if you are
a new resident just moving into the area and you want to connect to the water. City Manager
Shang responded you will have to provide a security deposit. City Attorney Segal -George
stated we still have it, it is an establishment of credit before rendering water and waste
water service and she read the requirements. Commissioner Bradford responded she read
that and it led her to believe if the person had decent credit the person would not have to
have a security deposit. City Attorney Segal-George responded that if the person fulfills one
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of the criteria the person will not have to put a deposit down. Commissioner Bradford asked
if the City would be running the person's credit and City Manager Shang responded "no."
City Attorney Segal-George listed the criteria and she stated if you look at the ordinance
the underlined or crossed out part is new. She believed that most would either put a cash
deposit or an irrevocable letter of credit. Commissioner Bradford stated the Commission
can discuss this down stairs but sometimes people cannot afford the deposit so what could
the person do. City Attorney Segal-George responded the person would have to get an
actual agreement that the person getting the service would bring something to show that
someone else is responsible for the bill and would be carrying the letter of credit from the
bank. Commissioner Bradford asked if the rate of deposit was by resolution and Mr. Denny
responded "yes," it is in the rate resolution that establishes the rates and deposits based
on the size of the water meter and whether you are a water and sewer customer, it was part
of the rate study.
Commissioner King asked about Section 4 were the words "may be held" is replaced by
"shall be held" in an interest bearing account instead of a non -interest bearing account and
he asked what is the City doing with the money. He stated he thinks the people would like to
know what is happening with the money if in fact it is put into an interest bearing account .
He stated he thinks it should say specifically that the money will go to pay down the City's
debt or something specific that is going to help. City Attorney Segal -George clarified that
under the old rules the City determined it could not be deposited in an interest bearing
account so there was a desire to change that and there was a desire to say "may" because
one of the questions here is if you are now providing for deposits to be refunded then under
that theory the City is not going to be accumulating any real sums of money. She reminded
the Commission this is only a draft.
Commissioner Nabicht stated the money can only be spent on the utility and there is only so
much money in the utility whether it goes to repair and maintenance or to pay down debt.
Mr. Denny stated it is a water deposit and he asked City Attorney Segal -George if the
money goes into an interest bearing account when that customer's deposit is returned it will
have to be with interest. City Attorney Segal-George responded State Statute does not
prohibit the City from investing and the interest belongs to the City so, when the resident
gets the deposit returned the interest stays with the City. She clarified it is the
Commission's choice, but it is not the law to return the interest.
Mayor Herzberg suggested this conversation take place in the Regular Commission
Meeting and if the City is going to be refunding money what kind of dollar amount is the City
looking at and she asked to clarify that the deposit is there to pay the bill if the resident
does not pay. Mr. Denny read the criteria for refunding the deposit. City Manager Shang
stated she believes the amount of money in the account is about $ 200,000 depending on
water usage. Mayor Herzberg asked if the Commission would be comfortable discussing
this issue downstairs.
After discussion, the Commission concurred to discuss this issue downstairs in
the Regular Commission Meeting.
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6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Herzberg stated the next item is City Commission Special Reports and Requests
and that she has two (2). She stated the first is regarding Ms. Shang's voting issue for
discussion and the second item is an update on today's Legislative Delegation Meeting
that she attended and the vote from the Delegation on the Halifax Health Hospital situation.
Commissioner Nabicht stated he had two (2) reports that pertain to the Transportation
Planning Organization (TPO) regarding appointing an alternate and he asked that the
Commission consider Vice Mayor Ramos as the alternate. He stated also he had given the
City Manager a copy of the TPO's legislative positions for the upcoming Legislative
Session. He stated there were three (3) priorities listed as well as a list of lesser prioritized
items for all of the cities and all of Volusia/Flagler County will be supporting with the
Delegation. He suggested the Commission read over the list and feel free to schedule a
discussion. He stated he would recommend that when the Commission meets with the
lobbyist regarding legislative priorities that the Commission include these to stay consistent
with the two (2) counties and the cities.
Commissioner Bradford stated she had set up a meeting in January with the Florida
Hospital CEO and the Arbor Ridge subdivision HOA (Homeowners Association) President
regarding concerns with doing the development on Howland Blvd. that were not realized
until the clearing of the land started. She stated her concern is if Florida Hospital puts a wall
up and other businesses build there needs to be consistency with the wall along that
corridor. Mayor Herzberg suggested maybe staff can look at anything the City has in terms
of making future requirements for future development and City Attorney Segal -George
responded there are no requirements. Commissioner Nabicht asked Mr. Paradise if there
were any subdivision requirements and is it an RPUD (Residential Planned Unit
Development). Mr. Paradise responded he has not looked at the plat of Deltona Woods
and he is not sure if it is a RPUD.
Commissioner King stated he would like to ask for the support of the Commission and
recommend that our City Manager and Parks and Recreation Director work on a financial
feasibility and logistics requirements plan to establish an all -inclusive disability section to an
existing park or establish a park that would be accessible to all disabled. He was reminded
that there is Thornby Park which is an all-inclusive park. Commissioner Nabicht stated he is
not opposed to adding another one in another district. Mayor Herzberg stated the
Commission can talk about that at the meeting.
7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the
agenda and comments on items listed on the agenda will take place after discussion
of each item. 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.
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CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
A. Request for approval of Resolution No. 2018-74 authorizing the disposal of
certain City property. Camille Hooper, Finance Department (386) 878-8552.
There were no questions or comments on this item.
B. Request for selection of Code Enforcement Special Magistrate. - Marc
Antonie-Cooper, City Manager’s Department (386) 878-8852.
Strategic Goal: Public Safety
There were no questions or comments on this item.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2018, rezoning request (RZ18-001) for a
+113.4 site from R-1AA to Residential Planned Unit Development, at first
reading - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified &
high-quality housing opportunities to provide for all market demands.
Mayor Herzberg asked Mr. Paradise if there were any changes made to this item. Mr.
Paradise responded there was one change in the agenda memo that was the
re-instatement of four words back into one policy after an extensive review by the VGMC
(Volusia Growth Management Commission) and the Florida Department of Economic
Opportunity.
There were no other questions
B. Public Hearing - Ordinance No. 09-2018, Adoption of the City of Deltona
Evaluation and Appraisal (EAR) based amendments to the City of Deltona
Comprehensive Plan, at second and final reading - Ron A. Paradise,
Assistant Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - update the economic
development plan, including the Land Development Code.
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Mayor Herzberg asked Mr. Paradise if there was anything on the CAPER. Mr. Paradise
responded that this is just a reporting on how the City spent HUD money.
There were no other questions.
C. Request for Approval of the Program Year 2017-2018 CDBG Consolidated
Annual Action Performance and Evaluation Report (CAPER) - Ron A.
Paradise, Assistant Director, Planning and Development Services, (386)
878-8610.
Strategic Goal: Internal and External Communication - Conduct a needs
assessment for social services and communicate resources for public
benefit.
Mayor Herzberg stated next is Ordinance No. 05-2918, a rezoning request for Hampton
Oaks and she asked if there were any questions or comments. She stated she knows there
are procedural issues with this item, it is a Quasi-Judicial Hearing so the Commission will
have to announce any ex-parte communications and be sworn in. City Attorney
Segal-George responded the Commission will not be sworn in; she has to swear in
everyone else.
Mr. Paradise stated there have been changes. City Manager Shang stated the applicant is
increasing the buffer area. City Attorney Segal-George stated this should be discussed in
the meeting.
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Consideration of the Mayor’s appointment to the Ordinance Review
Committee. - Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal & external communication
Mayor Herzberg stated next is her appointment to the Ordinance Review Committee (ORC)
and she will be asking to appoint Dr. Allen Pfeffer. She stated she believed that
Commissioner Bradford also had an appointment and that it is her understanding that
Debra Kerr is no longer interested in serving on the board. Commissioner Bradford
responded she will go through the list again at the meeting.
B. Consideration of two (2) member appointments and two (2) alternate
member appointments to the Deltona Economic Development Advisory
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Board. - Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Mayor Herzberg stated next there are two member appointments and two alternate member
appointments to DEDAB (Deltona Economic Development Advisory Board) by Vice Mayor
Ramos and Commissioner McFall.
Vice Mayor Ramos stated he will be appointing Mr. Jindal to be a Board Member and
Commissioner McFall stated he will be appointing Edward Elliot. Commissioner McFall
stated his appointment for the alternate will be Darrell Niles. It was determined that the
board may be minus one alternate because of Sandra Boyd.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
Commissioner Bradford requested to postpone her appointment to the ORC (Ordinance
Review Committee) to the first meeting in January.
There were no other comments.
15. ADJOURNMENT:
Mayor Herzberg adjourned the meeting at 5:54 p.m.
___________________________________
Janet Day, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Mayor Heidi K. Herzberg
Vice Mayor Victor M. Ramos
Commissioner Maritza Avila-Vazquez
Commissioner Anita Bradford
Commissioner Loren King
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Monday, December 17, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Nabicht.
Background: At the Regular City Commission Meeting on Monday, October 17,
2011, the City Commission approved to have each Commissioner by
District schedule someone to present the invocation at each Regular
City Commission meeting rotating each Commissioner by District
starting with District #1, #2, #3, #4, #5, #6 and the Mayor.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting of November 12, 2018 and
Regular Commission Meeting of November 19, 2018, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 12, 2018 Minutes
November 19, 2018 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for November 2018
Background: Super Star Student of the Month awards for November 2018 will be
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City Commission Agenda December 17, 2018
presented to:
1. Deltona Lakes Elementary, Kiara Lynch, 2nd grade
2. Discovery Elementary, Adrianne Vaargas, 3rd grade
3. Enterprise Elementary, Mackenzie Viola, 2nd grade
4. Forest Lake Elementary, Alivia Bebout, 3rd grade
5. Friendship Elementary, Marleigh Kline, 2nd grade
6. Pride Elementary, Cora Marsh, 5th grade
7. Spirit Elementary, David Elliot Roberts, 2nd grade
8. Sunrise Elementary, Danakil Shakoor, 3rd grade
9. Timbercrest Elementary, Xionirah Gonzalez, 3rd grade
10. Volusia Pines Elementary, Julianna Daria, 5th grade
11. Deltona Middle, Hailey Salzman, 6th grade
12. Galaxy Middle, Joziah Srinivasan, 8th grade
13. Heritage Middle, Chantelle Mcrae, 7th grade
14. Deltona High, Amanda Vareika, 10th grade
15. Pine Ridge High, Jacob O’Connor, 12th grade
16. University High, Claudia Garcia Fernandez, 12th grade
Attachments: November 2018 Super Star Student Achievements
B. Government Finance Officers Association has awarded the City of
Deltona/Finance Department the Certificate of Achievement for Excellence in
Finance Reporting. Jane K. Shang, City Manager (386) 878-8850.
Strategic Goal: Fiscal Issues
Background: Government Finance Officers Association has awarded the City of
Deltona/Finance Department with the Certificate of Achievement for
Excellence in Financial Reporting for fiscal year ending 2017. The
Certificate of Achievement is the highest form of recognition in the area
of governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its
management.
Attachments: Certificate of Achievement of Excellence in Finance Reporting
C. Deltona Water - Protocol for returning security deposits; Dave Denny, Interim
Public Works Director, (386) 878-8973
Strategic Goal: Fiscal Issues
Background: The current policy on deposits is that the deposits remain with the
account until the account is closed out. A deposit will then be applied to
the outstanding bill and any difference forwarded to the account holder .
By ordinance deposits are held in a non-interest bearing account.
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Staff is recommending a change to the current protocol. Refund of
customer’s utility deposit may occur as follows:
a. Customer has not had any disconnects for non-payment for
twenty-four (24) consecutive months.
b. Customer has not had more than two (2) late payments for
twenty-four (24) consecutive months.
c. Refunded deposits will only be processed during the billing
cycles for that group of customers. Accounts will be monitored
on an individual basis to determine if criteria have been met for
a deposit refund.
A new security deposit will be required if a disconnect fee is issued or
the customer has more than 2 (two) late payments in a consecutive
twenty-four (24) month period. See attached draft ordinance.
Attachments: Ordinance No. 01-2019
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the
agenda and comments on items listed on the agenda will take place after discussion
of each item. 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.
Citizen comments for any items. (4 minute maximum length per speaker)
CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
A. Request for approval of Resolution No. 2018-74 authorizing the disposal of
certain City property. Camille Hooper, Finance Department (386) 878-8552.
Background: The City owns an entryway sign (asset #11533) located on Howland
Boulevard that was installed 13 years ago and is fully depreciated. In
order to facilitate development of a retail gas station/convenience store
in the area, the City has agreed to remove the sign. The developer has
agreed to provide funds to cover the cost of sign removal and salvage
of its electronic components for future use. The attached resolution
authorizes and documents disposal of the property as required by
Chapter 274.07, Florida Statutes, and upon approval, authorization of
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necessary budget transfers to facilitate Commission approval and
further authorization of the City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: Asset Disposal_20181217_Entryway Sign
Resolution 2018-74
B. Request for selection of Code Enforcement Special Magistrate. - Marc
Antonie-Cooper, City Manager’s Department (386) 878-8852.
Strategic Goal: Public Safety
Background: Section 162.03(2), Florida Statutes, provides that a municipal
government may adopt, by ordinance, an alternate code enforcement
system which gives code enforcement boards or special masters, or
both, appointed by the local governing body, the authority to hold
hearings and assess fines against violators of municipal codes and
ordinances.
The City has requested proposals for a Special Magistrate to
adjudicate any matters regarding the City of Deltona’s codes,
ordinances and other violations. Upon approval of this item the City
Commission adopts Resolution No. 2018-75 appointing William E.
Reishchmann, Jr. as the City’s Special Magistrate and authorizing a fee
of Nine Hundred Fifty Four Dollars and Fifty-Five Cents ($954.55) per
session with a total of eleven (11) sessions for a yearly fee total of Ten
Thousand Five Hundred Dollars a year for attorney time. Additionally,
Special Magistrate shall receive cost reimbursement for copies and
postage. The term is for one year with additional one year
appointments to be made at the discretion of the City Commission.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the City Manager
to sign any documents necessary to further Commission approval of
this item.
Attachments: Special Magistrate Agreement
Res 2018-75 Special Master
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2018, rezoning request (RZ18-001) for a
+113.4 site from R-1AA to Residential Planned Unit Development, at first
reading - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
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Strategic Goal: Economic Development - Create more diversified & high-quality
housing opportunities to provide for all market demands.
Background: The City of Deltona received an application for a rezoning to change
the zoning on a ±113.4 acre parcel from R-1AA to Residential Planned
Unit Development (RPUD). The project is planned to feature 259
detached residential units on individual lots. The lot sizes vary in size
from approximately 19,000 square feet to 6,875 square feet. The
project, known as Hampton Oaks, is located north of Spirit Elementary
school and Lake Baton Estates and east of the Sterling Silver
neighborhood. The property, as designed, has three access points:
Meadowlark Dr., Alabaster Way and Pearl Tree Road. The project
features community amenities including ample perimeter buffers and a
28 acre nature preserve. For more information relating to the project
see the attached staff report and related graphics.
All PUD zoning actions are associated with a written Development
Agreement (DA). The Hampton Oaks DA is attached. The DA
illustrates how the property will be developed by articulating
requirements such as a minimum lot sizes, setbacks, etc. However
after the agenda for the Planning and Zoning Board was prepared, City
staff and the applicant continued to work on Section 6.m. of the
attached DA. Section 6.m. addresses the development of model
homes. After conducting further research, including how other
municipalities manage model home development, staff is proposing
Section 6.m. of the DA be changed. Proposed Section 6.m language is
attached as a stand-alone document. The Planning and Zoning Board
did review the Section 6.m language.
On October 17, 2018, the Planning and Zoning Board heard the
Hampton Oaks RPUD rezoning request. After weighing information and
input from staff, the applicant and concerned citizens, the Planning and
Zoning Board with one member absent voted unanimously to forward
this ordinance to the City Commission with a recommendation to deny
the RPUD rezoning request. The concerns expressed which led to the
aforementioned recommendation were as follows:
1) Traffic
2) Drainage
3) Too many lots proposed
In light of the recommendation by the Planning and Zoning Board, on
October 18, 2018, the applicant requested the City Commission grant
a continuance to the December 17, 2018 City Commission meeting to
allow for further public outreach. In the interim the applicant has
furthered studied traffic impacts and explored mitigation alternatives.
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Also, the master development plan has been updated and clarified with
the intent of highlighting project amenities such as buffers, recreational
facilities and utility reservations.
In addition, further refinement of the project has resulted in two changes
to the RPUD written Development Agreement (DA). The first change is
to increase the minimum dwelling unit living area from 1,200 square
feet to 1,400 square feet. The 1,400 square foot minimum dwelling unit
living area threshold is consistent with the existing R-1AA zoning
classification. The perimeter buffers associated with this rezoning
request as depicted on the Master Development Plan (MDP) range
from 5’ to over 25’ in width. The majority of the buffer widths are in the
15’ to 25’ range. To ensure the buffers depicted on the MDP will be
recognized the text of the DA has been updated. The intent of the
language change is to ensure greater consistency between the written
DA and accompanying MDP graphic.
To fully compare and contrast the RPUD rezoning request and the
existing development entitlements allowed under the R-1AA zoning the
applicant prepared a subdivision plan as if the property were to be
developed under the R-1AA zoning. The conceptual R-1AA
development featured 228 units compared to the 259 units proposed
under the RPUD. However, the R-1AA proposal resulted in significantly
less open space preservation, limited amenities, and less perimeter
buffering. The access options under the R-1AA project include the use
of all available access points including Steeplechase Ln. and Sterling
Silver Blvd. For more information regarding the R-1AA and proposed
RPUD development proposals see the attached zoning comparison
table.
Approval of this item authorizes, as applicable, the necessary budget
transfers and further authorizes the City Manager to sign any
documents necessary to implement Commission approval of this item.
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Attachments: Ordinance No. 05-2018.pdf
Staff Report Hampton Oaks RPUDsept18
Exhibit A Hampton Oaks RPUD Development Agreement Draft
Exhibit B - Legal Description
Exhibit C- Hampton Oaks MDP
Aerial Photo
Existing Zoning
FLU Map
Location Map
Proposed Zoning
Soils Map
Update to Section 6.m. of the D.A.
Zoning Comparison Table
B. Public Hearing - Ordinance No. 09-2018, Adoption of the City of Deltona
Evaluation and Appraisal (EAR) based amendments to the City of Deltona
Comprehensive Plan, at second and final reading - Ron A. Paradise, Assistant
Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - update the economic development
plan, including the Land Development Code.
Background: Pursuant to Section 163.3191, Florida Statutes (FS), every seven (7)
years the City has the responsibility to evaluate the Comprehensive
Plan (Plan) to determine whether Plan amendments are needed to
reflect changes in State law and local conditions and to notify the
Department of Economic Opportunity (DEO) of this determination. After
notification to the DEO, the City shall transmit the proposed
amendments within one year of the City’s notification letter.
As per the aforementioned requirement, the City on August 20, 2018
transmitted the EAR based amendments to the DEO for review. At the
same time per the Volusia County Charter, the amendments were
submitted to the Volusia County Growth Management Commission
(VGMC) for a consistency determination.
Since transmittal the DEO and VGMC review processes have been
completed. Under the DEO process, several agencies including, but
not limited to the St. Johns River Water Management District, and the
Florida Department of Transportation reviewed the City EAR based
amendment package and there were no objections. VGMC review
involves a review of the City EAR amendment package by other
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Volusia County municipalities and Volusia County. As part of the
VGMC process, one comment was generated from Volusia County
related to proposed changes to a stormwater management oriented
policy associated with the Infrastructure Element. The Infrastructure
Element policy, I4-STW 1.4, was transmitted as follows:
Policy I4-STW1.54
All new development and redevelopment projects shall meet or exceed
these applicable minimum State water quality standards.; Chapter
62-40 Florida Administrative Code (FAC), Chapter 62-302 FAC,
Chapter 40C-42 FAC. All new development or redevelopment projects
shall also meet or exceed minimum environmental protection standards
of the City of Deltona. Volusia County and this Comprehensive Plan.
Stormwater discharges from all new development and redevelopment
projects shall also meet or exceed State water quality standards for
Class III Waters as stated in Chapter 62-302 FAC.
Note the proposed stricken language “Volusia County and this
Comprehensive Plan”. The County as part of the VGMC review process
expressed concern the proposed language deletion was inconsistent
with the County Charter Stromwater Environmental Minimum Standard
of which all Volusia County local governments were bound. Upon
receipt of the County comment, City staff concurred with the comment.
To avoid a VGMC hearing on the topic, City and County staff agreed
the policy wording would be changed for as part of the EAR based
amendment adoption to read as follows:
Policy I4-STW1.54
All new development and redevelopment projects shall meet or exceed
these applicable minimum State water quality standards.; Chapter
62-40 Florida Administrative Code (FAC), Chapter 62-302 FAC,
Chapter 40C-42 FAC. All new development or redevelopment projects
shall also meet or exceed minimum environmental protection standards
of the City of Deltona and Volusia County. and this Comprehensive
Plan. Stormwater discharges from all new development and
redevelopment projects shall also meet or exceed State water quality
standards for Class III Waters as stated in Chapter 62-302 FAC.
Note “Volusia County” has been retained.
No other language is proposed to be changed from what the City
Commission transmitted on August 20, 2018. For more information
regarding the EAR based amendment package is attached and
presented in an underline and strike through format. There is also a
clean version of the EAR based amendment package.
Upon approval authorizes the necessary budget transfers to facilitate
Commission approval and further authorized the City Manager to sign
any documents necessary to further Commission approval of this item.
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City Commission Agenda December 17, 2018
Attachments: Ordinance No. 09-2018
2-EXHIBIT A-EAR-BASED AMENDMENTS_UNDERLINE-STRIKETHROUGH F
3-EXHIBIT A-EAR-BASED AMENDMENTS_CLEAN DOCUMENT_DRAFT 4-16-
DEO Letter dated October 23_2018-CTY. DELTONA 18-01ER (P) ORC
VGMC 18-056 Consistency Certification Letter
C. Request for Approval of the Program Year 2017-2018 CDBG Consolidated
Annual Action Performance and Evaluation Report (CAPER) - Ron A. Paradise,
Assistant Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Internal and External Communication - Conduct a needs
assessment for social services and communicate resources for public benefit.
Background: The U.S. Department of Housing and Urban Development (HUD)
requires the CAPER to be submitted annually to remain federally grant
compliant. The CAPER is a summary of City activities accomplished
under Title 24 of the HUD funded Community Development Block Grant
(CDBG) program. The CAPER report is formulated in accordance with
HUD regulations governing consolidated submissions (24 CFR
91.520) and a purpose of the report is to document the City’s proper
use of HUD funds for activities and projects accomplished within a
HUD program year (PY). For this PY, activities include funding of the
senior citizen utilized areas of the Center, Public Works drainage
projects and Parks Department park improvements. Funding for public
service entities is also noted within the CAPER.
The CAPER is associated with the Five-Year Consolidated Plan (CP),
which establishes strategic goals for City CDBG activities listed in the
Annual Action Plan (AAP). The current CP for 2018-2022 is updated
annually by the AAP to report the implementation of the CP for grant
compliance. The CAPER consists of narratives, tables, and charts
documenting the appropriate spending of grant funds and highlighting
efforts made by the City to improve citizen quality of life. Finally, in
accordance with the required citizen participation plan, the City has
observed a 15-day public comment period and no comments were
received verbally or in writing during the comment period.
For more information see the attached PY 2017-2018 CAPER.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorized the City Manager
to sign any documents necessary to further Commission approval of
this item.”
Attachments: PY 2017-2018 CAPER
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City Commission Agenda December 17, 2018
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Consideration of the Mayor’s appointment to the Ordinance Review Committee.
- Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal & external communication
Background: At the Regular Commission Meeting held on November 19, 2018
Mayor Herzberg appointed Teresa Pugliese to the Ordinance Review
Committee. On December 3, 2018 Ms. Pugliese stated she recently
moved and no longer lives within the City.
The City has run press releases, posted the openings on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Donald Freeman, Deborah
Kerr, Denise King, Ernest O’Brien, Dr. Allen Pfeffer, Caleb Woehr and
John Woehr.
Please Note: Donald Freeman is also being considered for the
opening for the Deltona Economic Development Advisory Board which
is also on this agenda.
Attachments: Ordinance Review Committee Member List
Notice of New Address-Teresa Pugliese
Appication - Donald Freeman
Application-Deborah Kerr
Application-Denise King
Application-Ernest Steven OBrien
Application-Dr. Allen Pfeffer
Application-Caleb Woehr
Application-John Woehr
B. Consideration of two (2) member appointments and two (2) alternate member
appointments to the Deltona Economic Development Advisory Board. - Joyce
Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Background: Deltona Economic Development Advisory Board (DEDAB) Alternate
Member Christine Peacock resigned April 2, 2018. DEDAB member
Kurt Sniffin (Vice Mayor Ramos’ appointment) and alternate member
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City Commission Agenda December 17, 2018
Debbie Gaultz were removed from the board on April 13, 2018.
DEDAB member Jennifer Miley (Commissioner McFall’s appointment)
was removed from the board on November 09, 2018.
The City has run press releases, posted the opening on D-TV, the
City’s web page and on bulletin boards.
The City has received applications from the following members: Sandra
Boyd, Edward Elliot (current Alternate Member), Donald Freeman,
Nikhil Jindal (current Alternate Member) and Darryl Niles.
Please Note: Donald Freeman is also being considered for the
opening for the Ordinance Review Committee which is also on this
agenda.
Attachments: DEDAB Member List
DEDAB By-Laws
Resignation - Peacock
Removal - Kurt Sniffin & Debbie Gaultz
Removal - Jennifer Miley
Jerry Mayes Reccommendation
Application - Sandra Boyd
Application - Edward Elliot
Application - Nikhil Jindal
Application - Darryl Niles
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. 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 48 hours in advance of
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City Commission Agenda December 17, 2018
the meeting date and time at (386) 878-8500.
City of Deltona Page 12 Printed on 6/3/2020
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