City Commission
Regular MeetingDeltona, FL · June 17, 2019
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, June 17, 2019 5:30 PM Deltona Commission Chambers
City Manager's Agenda Review
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Herzberg.
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 McFall.
Mayor Herzberg led everyone in the pledge to the flag.
Commissioner McFall stated there will be a silent invocation followed by the pledge and a
song.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of June 3, 2019,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Commissioner Bradford stated that she found duplications of conversations. She stated
that she found it on her iPad and when she read through it the next page was like Deja vu.
She stated she will look through the paper version to see if she can find the discrepancy
again. Mayor Herzberg stated that staff will take a look at it and make any needed
corrections.
5. PRESENTATIONS/AWARDS/REPORTS:
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A. Presentation - Deltona My311 update.
Mayor Herzberg asked City Manager Shang if IT Director Robert Cordero will be doing the
presentation and she asked City Manager Shang to explain the project a little.
City Manager Shang stated My311 is a way residents will be able to report issues through
cell phones, Apps, or online. The residents will be able to track those requests and see
what is being done. It is another step to try to be more customer service friendly. Residents
can see if other people reported the same incident. Commissioner Avila-Vazquez asked if
this is one of the many automated projects. City Manager Shang replied yes and that later
on for Building Services the goal is to do online permits and online plan reviews. Providing
more options to people, if residents do not want to come here they can handle things online.
B. Fire Department Cancer Initiative update.
Strategic Goal: Public Safety
Fire Department Chief Snyder stated that he will give a quick update on cancer, fire
services and the presumptive law that is about to take effect. Also the preventative
measures the Fire Department have been doing in the last few years.
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
Commissioner King stated he has somethings that he is compelled to say about what is
going on lately.
Mayor Herzberg stated that Assistant City Manager Dr. Cooper will do an update on
Lamplighter. The update on Mr. Lawhun'shaun's litigation with the City will be addressed by
City Attorney Segal-George, and also there will be clarification on water and sewer impact
fees because it is very clear cut and money does not need to be spent on another study.
City Attorney Segal-George asked if the Commission wanted to bring up the sign question
with regard to tobacco products. Mayor Herzberg stated it is about local regulation on
smoking and tobacco advertising. Commissioner Nabicht stated he will talk to City Attorney
Segal-George about it.
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.
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.
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8. CONSENT AGENDA:
A. Postponement for the ECHO grant for the “Deltona Big Lake Rookery
Nature Park” project. Jerry Mayes, Economic Development & Ecological
Tourism Sustainability Manager, (386) 878-8619.
Strategic Goal: Internal/External Communication/ Economic Development
Economic Developer Manager Jerry Mayes stated he wanted to postpone the ECHO
(Environmental/Ecological, Cultural, Historic/Heritage or Outdoor) Grant it for this year and
reapply next year. Commissioner Bradford asked why and Mr. Mayes stated two years ago
when he walked down the woods to the edge of the lake it was dry and he thought the City
could build a platform to look over into the lake, but now the lake has risen up well into the
trees. The City will have to build a board walk out with the viewing station on the end of it.
B. Request for waiver of fees from the West Volusia Regional Chamber of
Commerce, through its non-profit entity known as West Volusia Regional
Chamber Community Charity Inc., for the Bacon & Brew Fest event. - Ryan
Reckley, Parks & Recreation Department (386) 878-8902.
Strategic Goal: Internal/External Communications and Economic
Development
Mayor Herzberg asked Parks and Recreation Director Ryan Reckley if this is an in-kind
donation and Mr. Reckley replied correct. City Manager Shang stated to look at it more as
a sponsorship supporting a community event which the City has done in the past.
Commissioner Bradford asked how many years has DeLand had this and Mr. Reckley
replied this will be the fourth year. Commissioner Bradford asked if DeLand was having it
or just Deltona and Mr. Reckley replied just Deltona.
Vice Mayor Ramos asked Mayor Herzberg if someone should pull 8A, because it is on
Consent Agenda and anything not pulled will be voted on without discussion. Mayor
Herzberg replied the item can be pulled for discussion.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 10-2019, Voluntary Annexation into the City
of Deltona of +/-10 acres of property located off of Enterprise Osteen Road,
Parcel No. 9113-00-00-0201, at first reading - Ron Paradise, Director,
Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified housing
opportunities.
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Planning and Development Director Ron Paradise stated that the owner wants to bring the
property into the City so it can be master planned and master developed.
B. Public Hearing - Resolution No. 2019-20, Establishing the Preliminary
Annual Rate of Assessment for Solid Waste Services for FY 2019/2020 -
Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Commissioner Bradford stated that she has questions on solid waste. Mayor Herzberg
stated that she thinks there will be questions on recycling and so forth and advised
Assistant City Manager Dr. Cooper to be prepared with an explanation downstairs.
C. Public Hearing - Resolution No. 2019-19, Establishing the Preliminary
Annual Rate Resolution - Stormwater Services for FY 2019/2020 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
There were no questions or comments on this item.
D. Public Hearing - Resolution No. 2019-23, Establishing the Preliminary
Annual Rate Resolution - Nuisance Abatement Services for FY 2019/2020 -
Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
Mayor Herzberg stated that this is what the Volusia CountyProperty Appraiser is allowing
the City to put on the taxable amount that was not allowed in prior years.
Commissioner Nabicht asked City Manager Shag if staff was able to get a list of the storm
water projects. City Manager Shang replied yes, Dr. Cooper can respond to that. Mayor
Herzberg asked if Commissioner Nabicht wanted to discuss the list of projects.
Commissioner Nabicht responded that he is not comfortable setting the rate without having
the discussion on the urgency of some of the storm water projects and if the Commission
needs to raise the rates to fund those projects. City Manager Shang stated that the
Commission has to come up with a rate tonight, whatever that rate is it can be lowered but it
cannot be raised. Dr. Cooper stated that he and staff went through every project on the
Storm Water Master Plan, ranked the top ten projects and those ten are the ones that must
be done within the next year or two. There were eighteen projects for storm water that
showed up on the half-cent sales tax list.
Mayor Herzberg asked City Manager Shang if this was the first year the City has had
anything come in from Nuisance Abatements. City Manager Shang replied this is the first
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time the City had anything that met the threshold and it has to be from cost that the City
actually incurred. Mayor Herzberg also stated that she wants clarification down stairs prior
to discussion of dollar amounts for the general public so that there is understanding that this
is not fines, it is actual cost incurred.
E. Public Hearing - Resolution No. 2019-22, Establishing the Preliminary
Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for
FY 2019/2020 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Commissioner Avila-Vazquez asked if everyone who owns lake front property knows that
they are responsible for cleaning out those areas. Mayor Herzberg replied there were public
hearings and mail outs notifying the affected residents. City Attorney Segal-George replied
this was a specific request and a special district that was created. Commissioner
Avila-Vazquez asked are the owners of the other lakes responsible for the cleaning of their
part of the lake? Commissioner Nabicht replied that they have to follow the DEP
(Department of Environmental Protection) regulations on how, where and what they can
remove.
F. Public Hearing - Resolution No. 2019-21, Establishing the Preliminary
Annual Rate Resolution - Streetlighting Services for FY 2019/2020 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
There were no questions or comments on this item.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
City Manager Shang stated that she will bring up the issue with the Florida League of Cities
in regards to who will be Deltona's delegate. Mayor Herzberg asked if City Manager Shang
had a count of how many people are going to the conference and City Manager Shang
replied four.
14. CITY COMMISSION COMMENTS:
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None.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 5:53 p.m.
______________________________
Elizabeth Keys, EXECUTIVE ASSISTANT
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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, June 17, 2019 5:30 PM Deltona Commission Chambers
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 McFall.
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 of the Regular Commission Meeting of June 3, 2019, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: June 3, 2019 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Deltona My311 update.
Background: Information Technologies Director Robert Cordero will be providing an
update on Deltona 311, the City’s non-emergency incident
management solution.
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Attachments: Deltona Incident Management (002)
B. Fire Department Cancer Initiative update.
Strategic Goal: Public Safety
Background: Research through the Sylvester Comprehensive Cancer Center at the
University of Miami has proven that firefighters have a great risk of
developing cancer because of the hazardous environment they work in.
The Fire chief will update the commission on the procedures and efforts
that have been implemented in the fire department to reduce this risk to
our city firefighters.
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
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. Postponement for the ECHO grant for the “Deltona Big Lake Rookery Nature
Park” project. Jerry Mayes, Economic Development & Ecological Tourism
Sustainability Manager, (386) 878-8619.
Strategic Goal: Internal/External Communication/ Economic Development
Background: The City of Deltona applied for and was approved for an ECHO grant
for the “Deltona Big Lake Rookery Nature Park” project. This proposed
park is located at 1835 Snook Dr., within the City limits of the City of
Deltona. The approval by the Volusia County ECHO Office was based
upon City of Deltona Resolution 2019-07. Since that time, the scope of
the project changed which resulted in a need to reevaluate the project.
The intent is to delay the project and make a new ECHO application to
ensure the full scope and costs are accounted and addressed. Staff will
begin working on a new ECHO grant application to be submitted for the
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2020 ECHO grant cycle.
Staff suggest the City Commission withdraw the “Deltona Big Lake
Rookery Nature Park” ECHO application request and reapply. City staff
will notify ECHO staff of the action through a formal correspondence to
the County.
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.
B. Request for waiver of fees from the West Volusia Regional Chamber of
Commerce, through its non-profit entity known as West Volusia Regional
Chamber Community Charity Inc., for the Bacon & Brew Fest event. - Ryan
Reckley, Parks & Recreation Department (386) 878-8902.
Strategic Goal: Internal/External Communications and Economic Development
Background: The Bacon & Brew Fest event is scheduled for Saturday, October 12,
2019 at Dewey Sports Complex from Noon to 7:00 p.m. The West
Volusia Regional Chamber of Commerce, the applicant, is requesting
a waiver of all City fees for the event, but has agreed to pay for costs
associated with the Sheriff’s Office.
The Parks and Recreation Department is in support of partnering with
the applicant, and providing in-kind services for this event. The
applicant is also requesting the approval of alcohol sale for the event.
The West Volusia Regional Chamber of Commerce currently serves
the City of Deltona and its residents. This event will provide the
community engagement that the Department is seeking to offer its
residents. This event allows Deltona residents to remain inside city
limits for entertainment, instead of venturing to a neighboring city for the
same. The Parks and Recreation Department will also accept the
opportunity to operate concessions at this event, which could offset the
cost of any in-kind services. To further assist the community, the
applicant will schedule a can food drive for eventual distribution to
Deltona residents in need. The total in-kind services requested from the
City for the use of the Dewey Boster Sports Complex for the Bacon &
Brew Fest is as follows:
Parks $1,930 field, supplies, personnel, permit fee
Public Works $1,525 message boards, equipment, personnel
Deltona Water $ 282 generator, equipment, personnel
Fire Dept. $1,800 two bike units/1merv unit
Fire Insp. $ 400 fire inspection fees
_______
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Total $5,937
Generally, the maximum total in-kind donation allowed is $2,500 for an
expected attendance above 901 according to Commission policy.
Staff expects attendance to be around several thousand attendees and
recommends that the requested value is reasonable given the
significantly higher attendance. The hosting of this event in Deltona is a
great opportunity for building community spirit and economic
development.
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: Bacon & Brew Fest
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 10-2019, Voluntary Annexation into the City of
Deltona of +/-10 acres of property located off of Enterprise Osteen Road,
Parcel No. 9113-00-00-0201, at first reading - Ron Paradise, Director, Planning
and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified housing
opportunities.
Background: The owners, Osteen Acquisitions Group, LLC and Mahomedtaki Jaffer
Revocable Trust, UAD 8/30/01, submitted a voluntary annexation
application to the City of Deltona on February 20, 2019. The property is
located within the southeastern section of the City. The property is an
unincorporated parcel which is contiguous to the City limits on the east
and the south. The +/-10 acres abuts a large tract of land owned by the
applicant totaling over 220 acres. The 220 acres area is already within
the incorporated limits of the City of Deltona. The applicant has
proposed to develop entire property under a unified plan.
The annexation application has been reviewed by City’s staff in
accordance with Chapter 171 F.S. The proposed area to be annexed
is reasonably compact and is contiguous to the City on the entire east
and south property line. The annexation could be construed to create an
enclave or a pocket of unincorporated area. Question about enclave or
pocket creation have been broached and reviewed extensively by the
applicant’s attorney, County staff, and City staff. The County stated it
would not oppose the annexation but has requested the City also annex
the Enterprise Osteen Road right of way associated with the property to
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provide greater clarification regarding emergency response (see the
attached staff report for further details).
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 implement Commission approval
of this item.
Attachments: ORDINANCE NO. 10-2019
EXHIBIT A
STAFF REPORT
Land Controled By Applicant
STAFF REPORT MAPS
Attorney Mark Watts legal opinion
B. Public Hearing - Resolution No. 2019-20, Establishing the Preliminary Annual
Rate of Assessment for Solid Waste Services for FY 2019/2020 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: The Solid Waste Collection System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-56 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. The annual solid waste assessment rate
for FY 2019/2020 is proposed at $202.80 per Equivalent Residential
Unit (ERU), which reflects no increase from the rate for the current fiscal
year. Staff is not recommending a decrease currently in order to allow
for reserves to be established. Attached is the Annual Rate Resolution
for solid waste assessments.
Attachments: Resolution No. 2019-20
C. Public Hearing - Resolution No. 2019-19, Establishing the Preliminary Annual
Rate Resolution - Stormwater Services for FY 2019/2020 - Camille Hooper,
Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
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Background: The Stormwater Utility System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-158 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for stormwater utility assessments for FY 2019/2020. Staff is
proposing the current annual rate of $108.00 per ERU (Equivalent
Residential Unit), which is unchanged from the current annual rate of
$108.00 per ERU.
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: Resolution No. 2019-19
D. Public Hearing - Resolution No. 2019-23, Establishing the Preliminary Annual
Rate Resolution - Nuisance Abatement Services for FY 2019/2020 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
Background:
The Nuisance Abatement Assessment was established in 2018 for the
collection of unpaid costs and expenses incurred by the City for
nuisance and lot clean-up.
Section 54 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for nuisance abatement services for FY 2019/2020. The
outstanding and unpaid assessments for the provision of nuisance
abatement services for FY 2019/2020 is $13,720.50.
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: Resolution No. 2019-23
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E. Public Hearing - Resolution No. 2019-22, Establishing the Preliminary Annual
Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY
2019/2020 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Background: The Lake McGarity Special Assessment District was established to
provide aquatic weed control services for the Lake. The cost of those
services are apportioned to properties that will benefit from those
services and will be levied to the property owners.
Section 54-16 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for Aquatic Weed Control Services assessments for the
Lake McGarity Special Assessment District for FY 2019/2020. Staff is
proposing the annual rate of $134.15 per assessed parcel, which
represents a decrease of $85.36 from the rate for the current fiscal
year.
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: Resolution No. 2019-22
F. Public Hearing - Resolution No. 2019-21, Establishing the Preliminary Annual
Rate Resolution - Streetlighting Services for FY 2019/2020 - Camille Hooper,
Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Background: The Streetlighting Services System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-253 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The proceedings for adoption of
an Annual Rate Resolution require the adoption of a Preliminary and
Annual Rate Resolutions. Attached is the Preliminary Annual Rate
Resolution for street lighting assessments.
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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.
Attachments: Resolution No. 2019-21
10. OLD BUSINESS:
11. NEW BUSINESS:
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
the meeting date and time at (386) 878-8500.
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