City Commission
Regular MeetingDeltona, FL · January 21, 2020
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Tuesday, January 21, 2020 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:
Mayor Herzberg stated Commissioner McFall was running late.
Present: 6 - Commissioner Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner Nabicht
Vice Mayor Ramos
Mayor Herzberg
Absent: 1 - Commissioner McFall
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Avila-Vazquez.
Mayor Herzberg led everyone in the pledge to the flag.
Mayor Herzberg asked if Commissioner Avila-Vazquez was doing a silent invocation and
Commissioner Avila-Vazquez replied yes ma'am.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of January 6,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
There were no questions or comments regarding this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation: Annual Christmas Parade Awards - Bill Snyder, Deltona Fire
Department Development Services, (386) 575-6902.
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Strategic Goal: Internal and External Communication. Solicit partnerships
with businesses, schools, hospitals, and residents for information
dissemination.
There were no questions or comments regarding this item.
D. Update on 591 Antelope Drive Drainage Complaint - John Peters, Public
Works/Deltona Water (386) 878-8973.
Mayor Herzberg asked if this was Mr. Mack's property and if this was an update. Public
Works/Deltona Water Director John Peters replied yes.
B. Status of Upgraded Septic Systems in Deltona - John Peters, Public
Works/Deltona Water, (386) 878-8973.
There were no questions or comments on this item.
C. Presentation: Utilities Cost Savings Initiatives - John Peters, Public
Works/Deltona Water (386) 878-8973.
There were no questions or comments on this item.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 18-2019, request to rezone +13 acres
located off of Howland Blvd. west of Pine Ridge High School from RE-1 to
Residential Planned Unit Development (RPUD), at first reading - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Mayor Herzberg asked if there were any updates on this item and she stated that this is a
quasi judicial hearing. Planning & Development Services Director Ron Paradise stated he
anticipates this will be a request for a continuance and City Attorney Segal-George stated
to a date certain. Mr. Paradise stated the date certain would be February 17, 2020 and that
has not been 100% verified as the applicant's attorney will need to talk to his client. Mayor
Herzberg asked that Mr. Paradise let the Commission know when the item comes up and
Mr. Paradise replied he will talk to the applicant's attorney before the meeting. Mayor
Herzberg stated if not it will be a quasi judicial hearing where the City Attorney will swear
everyone in and each Commissioner will need to declare any ex parte communications.
Commissioner Nabicht stated unless there is a presentation and Mr. Paradise replied the
way he sees this unfolding is that he will go up to the podium and request that the
Commission make a motion to continue the item to date certain February 17, 2020.
Mayor Herzberg asked for Mr. Paradise to do that does the Commission still have to follow
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the process for a quasi judicial hearing and City Attorney Segal-George replied no.
7. OLD BUSINESS:
A. Memorandum of Agreement with FDOT - I-4 Beyond Ultimate - John Peters,
Public Works/Deltona Water, (386) 878-8973.
Strategic Goal: Infrastructure
Mayor Herzberg asked if there was anything the Commission needed to know about this
item and Public Works/Deltona Water Director John Peters replied back in November
when the Commission heard this item Commissioner Nabicht asked for a letter from the
district secretary regarding the funding of the I4 Ultimate Project and the letter is part of the
packet. Basically it says that the I4 Ultimate is not funded in the 10 year plan and therefore it
is staff's opinion that no City money should be spent on a project that is not funded. Staff is
also recommending to rescind the previous MOU (Memorandum of Understanding).
Mayor Herzberg stated if funding comes up then the MOU can be reinstated. City Manager
Shang stated staff would have to take a look at the projects in the CIP (Capital Improvement
Plan). Mr. Peters stated there is a $9 million project in the CIP that would come off because
the agreement does not have the State providing any funding which was a critical element
for the City but, if there is not any funding for the big project then there is obviously not going
to be funding for this project.
8. NEW BUSINESS:
None.
9. 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.
10. CONSENT AGENDA:
None.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Herzberg asked if anyone had any special reports and Commissioner Bradford
replied she might, with regards to food trucks when this was discussed before did food
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trucks have to register or pay any fees and City Manager Shang no. Commissioner Nabicht
replied the food truck owners have to have a business tax licensed with the City they are
from. Mayor Herzberg replied that is part of the itinerant merchant ordinance which Deputy
City Manager Dr. Cooper stated would be coming before the Commission. City Attorney
Segal-George stated she has a draft ordinance that will address the food trucks and
hopefully the ORC (Ordinance Review Committee) will have a quorum in February but, it is
in the works. Mayor Herzberg stated this is not a topic of discussion tonight, it should not
even be brought up downstairs and this will be brought forth at another meeting. She
suggested that Commissioner Bradford ask that it be addressed and staff can explain it is
going to be coming before the Commission but, there needs to be a workshop on the
ordinance. Commissioner Avila-Vazquez asked if this is something the Fire Department
needs to be involved with because there are food trucks in gas stations and Commissioner
Nabicht replied they already are.
Commissioner Bradford stated the other item is to feature local businesses, business of the
month. She wants to showcase the existing businesses as well as new businesses which
are just as important.
Commissioner Bradford stated she will not be able to attend the Workshop on January 27,
2020. There are some projects the House Next Door is working on but, they are not ready
to bring them up because some things need to be finalized. The organization is working on
bringing social services to the property that Larry Kent donated to the House Next Door to
include the social services summit first 24 hour crisis response.
She is concerned that the Commission will be having a discussion on social services but,
the House Next Door may not be ready to provide input and the Commission's discussion
at the workshop will be affected by what the House Next Door is doing. Planning &
Development Services Director stated the discussion is for direction of CDBG (Community
Development Block Grant) expenditures for public services and what to do with the $15,000
that Community Life Center is not using. He stated he will be looking for direction to
advertise the public service funding for FY 2020-2021. City Manager Shang stated also, the
process for evaluating and awarding funds. Mayor Herzberg asked where is Volusia County
in all this, has the county been at the table and she wanted to make sure the City does not
duplicate services. Commissioner Nabicht replied the county has not been at any of the
social service summits and there is a tremendous amount of overlap of services which is
why he started calling the summits to try and centralize at least one point so it can be
coordinated. For the system to work have to have something that draws these companies
to work in concert together. He stated 4-1-1 does not service anyone and he wants to be
cautious of how involved the City wants to be in this and he wants to make sure that the City
is more invested in whomever is doing the City's social services.
Commissioner McFall arrived at the meeting at 5:45 p.m.
Mayor Herzberg stated she would like to have a list of services and who is duplicating what.
The issue is that Commissioner Bradford will not be able to attend the workshop and how to
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work around that. Vice Mayor Ramos stated the Commission will not be making a decision
regarding funding at the workshop because it would still have to go through a process. Mr.
Paradise stated staff is looking for direction on the process and what the priority is so staff
can notice the funding of availability. Commissioner Nabicht stated the House Next Door
must have a business plan which should be forwarded to the City Manager who can pass it
on to the Commission. Commissioner Bradford replied that the House Next Door is still
working out the details. Mayor Herzberg asked what the deadline is and Mr. Paradise
replied staff is hoping that the notice of availability goes out early February but, staff is
waiting for the outcome of the meeting on February 27th. Commissioner Nabicht stated the
House Next Door will not be able to do anything this fiscal year. Mayor Herzberg suggested
they submit something for the record and Commissioner Bradford replied they are in the
middle of putting everything together.
Mayor Herzberg stated from the meeting of the Elected Officials Roundtable on January
13th there were multiple things discussed but, the one thing she wanted to bring up is the
ADA (Americans with Disabilities Act) bus stops. Volusia County talked about their ADA
bus stops and she will do an update on that because it affects the City's main
thoroughfares. Commissioner Nabicht asked if the half cent sales tax was discussed and
Mayor Herzberg replied yes, that will be discussed at the West Volusia Summit. To be
honest the discussion is all over the board and it is a moving target that is subject to great
change.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 5:52 p.m.
______________________________
Elizabeth Keys, 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
Tuesday, January 21, 2020 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 Avila-Vazquez.
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 January 6, 2020, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: January 6, 2020 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation: Annual Christmas Parade Awards - Bill Snyder, Deltona Fire
Department Development Services, (386) 575-6902.
Strategic Goal: Internal and External Communication. Solicit partnerships with
businesses, schools, hospitals, and residents for information dissemination.
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Background: The City of Deltona held its 9th Annual Christmas Parade on December
14, 2019. The entries selected, were judged by local stakeholders.
Awards will be awarded to first place and second place winners. The
results of the judging are as follows:
Youth/Children:
1. Entry 51b, Cub Scout Pack 340
2. Entry 26, Osteen Elementary School
Commercial/Business:
1. Entry 42, Halifax Health
2. Entry 15, Lord & Lord Paralegals
Church/Non-Profit:
1. Entry 40, Deltona Spanish Pathfinder Club
Tied for 2. Entry 47, West Volusia Youth Baseball and Entry 36, The
Journey
Bands:
1. Entry 44, Trinity Christian Academy
2. Entry 11, Deltona Middle School
Local Government:
1. Entry 52, Public Works
2. Entry 55, Deltona Water
D. Update on 591 Antelope Drive Drainage Complaint - John Peters, Public
Works/Deltona Water (386) 878-8973.
Background: Over the last several months, the owner of 591 Antelope Drive has
appeared before the City Commission under Public Participation to
complain about the drainage at his property. His grievances have
concerned three primary issues: poor drainage near his garage, the
failure of the City project along his property in the right of way, and his
sprinkler system moving.
I have personally met with Mr. Mack on three (3) separate occasions. In
those discussions, he acknowledged that his irrigation system was
installed at a shallow depth which could have resulted in the movement
he noted. To alleviate concerns regarding the effectiveness of the City
project, we commissioned a Licensed Surveyor to document the grade
line of the swale and were able to determine that the City drainage
project is functioning as designed.
The remaining problem is the lack of drainage in the area of his garage
door. Mr. Mack contended at the last City Commission meeting that his
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lot is “highly unusual.” In fact, his lot is no different than the hundreds of
lots in the City of Deltona where the house is below the road level.
Under these circumstances, the builder/ property owner constructs a
swale that drains all the water in the front yard to the rear of the
property. In Mr. Mack’s case, such as swale does not exist, and we
have advised him that he should construct such a swale. Mr. Mack has
insisted that the City of Deltona acknowledge in writing that the City has
culpability is his yard not being graded correctly when it was
constructed or that the City will install such a swale. To those demands,
we have stated the City has no culpability and that Florida Statutes
does not allow the use of public funds for the sole benefit of a single
property owner.
Staff believes that the City of Deltona has done all that is in our powers
to assist Mr. Mack as also stated by two previous Public Works
Directors.
B. Status of Upgraded Septic Systems in Deltona - John Peters, Public
Works/Deltona Water, (386) 878-8973.
Background: At the last City Commission Meeting, the Mayor inquired as to the
status of the Volusia County Health Department requiring upgraded
septic systems in the City of Deltona.
In June 2018, the Florida Department of Environmental Protection
(FDEP) completed the Volusia Blue Springs Basin Management
Action Plan (BMAP) and noted that the sources for loading of nitrogen
to the springs originate from On-Site Sewage Treatment and Disposal
Systems (Septic Tanks) - 54%, Urban Turf Grass Fertilizer - 22%,
Wastewater Treatment Plants - 8%, and Reuse Water - 4%.
On page 10 of the Blue Springs BMAP, the FDEP proposed the
installation of Biosorptive Activated Media (BAM) septic systems within
the Priority Focus Area (PFA) (See Attached Map), which would
include western most fifty percent of the City of Deltona. Upon approval
of the Blue Springs BMAP and the Final Order requiring the
implementation of BAM Septic Systems in the PFA, an environmentally
conscience group obtained a Judgement Order from the Courts to
place a hold on the implementation of the Final Order. Until the legal
process is complete with a final judgement, the Volusia County Health
Department does not have the legal authority to require the installation
of BAM Septic Systems.
Attachments: Blue Springs PFA Map
C. Presentation: Utilities Cost Savings Initiatives - John Peters, Public
Works/Deltona Water (386) 878-8973.
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Background: During the recent Rate Increase discussions and approval in
September 2019, staff committed to investigate possible cost savings
initiatives that could be pursued. To that end, staff has developed a
four-prong initiative that could result in approximately 2.9 million dollars
in annual savings to the Water and Sewer Enterprise Account. These
savings fall into four distinct areas: one time unexpected grant
proceeds, privatizing bill printing, plant operation efficiencies, and
water meter replacement.
One Time Unexpected Grant Proceeds: Earlier this fall, we were
informed by the St. Johns River Water Management District
(SJRWMD) that we will receive $3,000,000 that we had not expected.
For the purposes of this discussion, we annualized this one-time
proceed over ten years at 1.8 percent per annum for a value of
$255,500.
Privatize Bill Printing: Currently, the City of Deltona prints the monthly
bills for all of our utility customers utilizing two customer service
employees. Due to the limited capacity of the printers and envelope
stuffers, we send out our bills in six bill cycles per month. By utilizing a
private bill printer under a piggy-back contract through Winter Gardens,
we can convert all of our customers to one bill cycle per month,
eliminate (through attrition or reallocation within the organization) one
customer service representative, save on printing cost, and eliminate
the current maintenance contracts for the printer and envelope stuffer.
In addition, this printer will allow the City of Deltona additional printing
services currently not available such as full page bill inserts, larger
mailings, etc. The total savings for Privatizing Bill Printings is
approximately $63,680.
Plant Operational Efficiencies: Under this initiative, we propose to
reduce the number of water treatment plants from 17 to 8 plants, and
we proposed to take the Fisher Wastewater Plant offline and shift the
flow to either the Eastern Wastewater Plant or Volusia County
Southwest Plant in DeBary;
Reducing Water Plants will result in the elimination of three (3) plant
operators through attrition or reallocation within the organization and
reduced operations cost, such as: electric, pump replacement, general
site maintenance, etc. The total cost savings of this initiative is
estimated at $717,500.
Closing the Fisher Wastewater Plant will result in the elimination of
three (3) plant operators through attrition or reallocation within the
organization, reduced operations cost and approximately four million
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dollars in anticipated future capital cost. The total cost savings of this
initiative is estimated as $1,058,167.
Meter Replacement: Under the Federal Legislation that funds the
Florida State Revolving Loan Program, at least twenty percent of the
funding must be used for Energy Savings Projects. Interestingly, meter
replacement qualifies for this energy saving set aside. Staff
recommends that we replace all of our current analog meters within
one-year to fully digital ultrasonic meters and finance this change out
with a State Revolving Loan at a rate of $821,917 per year for ten
years. It should be noted that ultrasonic meters can read to one-one
thousandth of a gallon as opposed to analog meters at one gallons. In
addition, the ultrasonic meters have no moving parts resulting no loss in
accuracy over the life of the meter. The cost savings for this initiative
consist of a reduction of six customer service representatives through
attrition or reallocation within the organization, reduction of two meter
readers through attrition or reallocation within the organization, and
revenue enhancements through improved meter operation. This
initiative should result in a total annual cost savings of $845,640.
In summary, the total savings under these initiatives should be
$2,940,487. This should be tempered by the fact that most of these
initiatives will take approximately 18 to 24 months to complete before
we see the savings. Unless directed otherwise, staff will begin this
process in the next several months.
Attachments: Utilities Cost Savings
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 18-2019, request to rezone +13 acres located
off of Howland Blvd. west of Pine Ridge High School from RE-1 to Residential
Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director,
Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Background: The +13 acres proposed to be rezoned from RE-1 to RPUD was once
part of the Pine Ridge Fellowship complex. However, the Pine Ridge
Fellowship complex closed and was sold to the applicant’s client.
Eventually land associated with the sanctuary and parking was sold to
Faith Baptist Church which in 2019 received approval to operate a
private school at the property.
The RPUD rezoning request involves a 58 lot subdivision on the +13
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acres. The project also includes perimeter buffers, an interior road
network, stormwater retention areas and a small amenity center
(playground). Most of the lots proposed are 40’ wide by 120’ deep -
4,800 square feet. The RPUD request is associated with a written
Development Agreement (DA) and associated Master Development
Plan (MDP). The DA outlines development parameters including
buffers, on-site and off-site parking requirements, setbacks,
dimensional regulations, design standards, infrastructure
improvements, etc.
For more information regarding the project, see the attached staff
report, written DA and associated MDP graphic.
The Planning and Zoning Board heard this request on December 18,
2019. The Board voted 6 to 1 recommending the City Commission not
approve the rezoning request. The Board cited the density proposed
(4.44 dwelling units per acre) was too great and the project was not
compatible with the larger lot subdivision pattern established in the
area.
Adoption of this ordinance 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.
110-1101 regarding rezoning requests, there are several
considerations the Commission shall consider. The considerations are
as follows and analyzed in the attached staff report:
1) Whether it is consistent with all adopted elements of the
comprehensive plan.
2) Its impact upon the environment or natural resources.
3) Its impact upon the economy of any affected area.
4) Notwithstanding the provisions of chapter 86 Code of
Ordinances, as it may be amended from time to time, its
impact upon necessary governmental services such as
schools, sewage disposal, potable water, drainage, fire and
police protection, solid waste or transportation systems.
5) Any changes in circumstances or conditions affecting the
area.
6) Any mistakes in the original classification.
7) Its effect upon the use or value of the affected area.
8) Its impact upon the public health, welfare, safety or morals.
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Attachments: Ord 18-2019 _a
Staff Report pineridge_a
Development Agreement
Master Development Plan
maps_a
7. OLD BUSINESS:
A. Memorandum of Agreement with FDOT - I-4 Beyond Ultimate - John Peters,
Public Works/Deltona Water, (386) 878-8973.
Strategic Goal: Infrastructure
Background: At their November 4, 2019 Commission Meeting, the City Commission
for the City of Deltona approved a Memorandum of Agreement with the
Florida Department Of Transportation (FDOT) with a condition that the
FDOT provide a letter regarding the funding status of the I-4 Beyond
Ultimate Project through the City of Deltona. The City received a copy
of a letter produced in November that noted that at the current time, the
project in question is not in the current 10-year Funding Plan.
Without any formal funding for the I-4 Beyond Ultimate, it is no longer
financially prudent to expend City funds to pursue a preliminary design
for a stormwater force main from Saxon Boulevard to the Alexander
Rapid Infiltration Basins (RIB).
Attachments: FDOT MOU Response Letter
8. NEW BUSINESS:
9. 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.
10. CONSENT AGENDA:
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11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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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