City Commission
Regular MeetingDeltona, FL · October 19, 2020
Minutes
City of Deltona
The Center at Deltona
1640 Dr. Martin Luther King Blvd., Deltona, FL 32725
Minutes
City Commission
Monday, October 19, 2020 6:30 PM The Center
A. In an effort to reduce the possibility of exposure of residents to the
COVID-19 (Coronavirus) we are allowing limited public access into the
Commission Chambers and practicing social distancing with the City
Commission, staff and residents.
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 8 - Mayor Herzberg
Vice Mayor Ramos
Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Nabicht
Interim City Manager Cooper
City Attorney
Absent: 1 - Commissioner Bradford
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #2 Commissioner.
Mayor Herzberg led everyone in the invocation and the pledge to the flag.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Herzberg explained that there is no request to speak button, but there is a tent card
that can be displayed when a Commissioner wants to speak. Also, the votes will be verbal
roll call votes.
A. Approval of minutes of the Regular Commission Meeting of October 5,
2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
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Motion by Vice Mayor Ramos, seconded by Commissioner
Avila-Vazquez, to approve the minutes of the Regular Commission
Meeting of October 5, 2020, as presented. The motion carried by the
following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Central Florida Legends Skunk Ape Marathon, Mermaid
Half-Marathon and Fountain of Youth 5K - Don Stoner with Runners High,
West Volusia Runners & Jerry Mayes, Economic Development (386)
878-8619.
Don Stoner with Runners High, West Volusia Runners, gave a presentation on the Central
Florida Legends Skunk Ape Marathon, Mermaid Half-Marathon and Fountain of Youth 5K to
take place on November 22, 2020.
B. Video Presentation - Halifax/UF Health Hospital Facility and request for
approval of Halifax Deltona Entry Feature Use Agreement - Mr. Rafael
Ramirez, Marketing and Communications for Halifax Health.
Strategic Goal: Internal and external communication
Rafael Ramirez, Marketing and Communications for Halifax Health gave a video
presentation on Halifax/UF Health Hospital Facility and a request for approval of the Halifax
Deltona Entry Feature Use Agreement. He then provided a brief explanation of the
agreement between the Medical Center of Deltona, Inc. and the City of Deltona granting a
license to use City property/right-of-way for installation and maintenance of entry features.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Nabicht, to approve the Agreement between the Medical Center of
Deltona, Inc., d/b/a Halifax Health, and the City of Deltona granting
license to use city property/right of way for installation and
maintenance of entry features. Upon approval of this item authorizes
any and all necessary actions, documents or budget transfers to
facilitate Commission approval and further authorized the Interim City
Manager to sign any documents necessary to further Commission
approval of this item. The motion carried by the following vote:
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For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
C. Proclamation - Halifax Health Fights Against Breast Cancer Day.
Commissioner McCool on behalf of the Mayor and Commission presented a Proclamation
to Rafael Ramirez, Marketing and Communications for Halifax Health, and members of his
team proclaiming October 19, 2020 as Halifax Health Fights Against Breast Cancer Day.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2020-53, Conditional Use Application for a
Community Residential Home at 1202 Sherbrook Drive - Ron A. Paradise,
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Planning & Development Services Director Ron Paradise gave a brief explanation of the
item.
Vice Mayor Ramos asked if the three additional occupants were taking care of the other
two residents and Mr. Paradise replied Ms. Moye, but she may have help who will not be
living there.
Commissioner Avila-Vazquez asked if there were three bedrooms and Mr. Paradise
replied yes, they are allowed to double up on bedrooms which is regulated by AHCA
(Agency for Health Care Administration).
Mayor Herzberg questioned the living area expansion and Mr. Paradise replied it involves a
porch and he does not remember the exact square footage. Mayor Herzberg asked if the
garage is to remain a garage and Mr. Paradise replied yes, to store vehicles.
Commissioner Avila-Vazquez asked who follows up on the home and Mr. Paradise replied
AHCA and they also do a fire inspection.
Mayor Herzberg stated that the existing septic is okay, but if the porch is expanded it would
then need to be looked at and Mr. Paradise replied yes. Mayor Herzberg stated she has an
issue with homesteading this and Mr. Paradise replied the statute does not speak
specifically to homestead, but the home could still maintain as a homestead with it as
another type of home activity.
Commissioner King asked if the family has any medical background or training and
Applicant Chastity Moye replied she is a certified CNA (Certified Nursing Assistant), she is
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certified in CPR (Cardiopulmonary Resuscitation) and she would be the primary care giver.
Motion by Commissioner Nabicht, seconded by Commissioner King, to
approve Resolution No. 2020-53, a Conditional Use request for a
Community Residential Home at 1202 Sherbrook Drive, subject to the
following conditions:
a. The applicant shall provide an approval letter from Volusia County
Health Department for the existing septic system prior to the issuance
of the BTR to ensure the existing septic system is adequate in light of
living area expansion at the house. If the existing septic is not adequate
the applicant will be required to upgrade the existing septic system
prior to the BTR issuance;
b. The dwelling shall serve no more than two (2) non-related elderly
residents within the dwelling;
c. All residents and related service shall be directly associated with and
regulated by the Florida Agency for Health Care Administration (AHCA);
d. The CRH shall remain under management and ownership of Chastity
Moye, the property owner of 1202 Sherbrook Drive;
e. The applicant shall continue to utilize the dwelling as a primary
residence, including maintaining the residence as a homesteaded
dwelling;
f. No signage shall be allowed besides what is allowed for a home
occupation; and
g. The proposed CRH service is for an AFCH; if the applicant desires to
provide any other services, a new conditional use application shall be
submitted to the City for review and action.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Mayor Herzberg opened the public hearing.
Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about what happens to the
people if something happens to the home and who else is there to care for the people.
Mayor Herzberg closed the public hearing.
Mayor Herzberg asked who monitors the outside of the house and the parking? The State
allows up to six residents, but what if there is medication, who monitors the garbage and is
it the City's job to make sure the home is maintained. Commissioner Nabicht replied yes,
the statute creates the facilities to meet a need, the applicant may be assisting with
providing medication, but not actually administering it.
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The City Attorney read the title of Resolution No. 2020-53 for the record.
A RESOLUTION OF THE CITY OF DELTONA, FLORIDA; GRANTING A CONDITIONAL
USE TO PERMIT A COMMUNITY RESIDENTIAL HOME WITHIN AN R-1A, SINGLE
FAMILY DISTRICT FOR THE PROPERTY LOCATED AT 1202 SHERBROOK DRIVE,
WITHIN THE CITY OF DELTONA; PROVIDING CONDITIONS, CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
The motion carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
Resolution No. 2020-53 was approved at 7:21 p.m.
7. OLD BUSINESS:
None.
8. NEW BUSINESS:
A. Consideration of the appointment of one (1) Deltona City Commissioner to
the Affordable Housing Advisory Committee for a term to expire October 5,
2021, per House Bill 1339 - Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Mayor Herzberg asked if this is something that needed to be done tonight and the City
Clerk replied yes, so that the board could meet if necessary to start their process.
Mayor Herzberg opened and closed the public comments as there were none.
Motion by Commissioner Nabicht, seconded by Commissioner McCool,
to confirm the appointment Commissioner Avila-Vazquez to the
Affordable Housing Advisory Committee for a term to expire on
October 5, 2021, per House Bill 1339. Approval of this item authorizes
the necessary budget transfers to facilitate Commission approval and
further authorizes the interim City Manager to sign any documents
necessary to implement Commission approval of this item. The motion
carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
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B. Request for approval of proposed repayment plans for delinquent utility
bills and implementation of water disconnects - John Peters, III, P.E., Public
Works/Deltona Water (386) 878-8973.
Strategic Goal: Provision of utility services
Public Works/Deltona Water Director John Peters gave a brief explanation of the item.
Commissioner Nabicht stated his concern is regarding rental property and the bill being in
the tenants name. With regards to evictions there should be something in this where the
landlord becomes responsible for the billable water that has not been paid. Otherwise, how
does the City recoup that cost. Mr. Peters replied that is already severe problems and staff
will be bringing an ordinance change to the Commission for approval. Right now the City
cannot put a lien on the property for the value of the bill and the City has a large unpaid
balance which would be written off. He recommends that the tenant and landlord sign the
agreement, both parties would then get a copy of the water bill and there would be an
additional cost for the second bill. A similar program exists in Palm Beach County which he
will model the ordinance after.
Mayor Herzberg suggested bringing the ordinance forward sooner rather than later.
Commissioner McCool asked how much outstanding balance there is pre-COVID
(Coronavirus) and during COVID and Mr. Peters replied from the time the program was
implemented there are 3,500 customers who are late which is about $500,000.
Commissioner McCool asked to educate residents regarding third party payments. If the
third party does not pay the bill on the due date the homeowner is still responsible for any
additional fees. She asked if the 120 day late payment plan is an option and Mr. Peters
replied if the resident signs the agreement it would be 120 days. Staff wanted to put a cap
on what could be negotiated which is 8 months of delinquency.
Commissioner McCool asked if when a resident is negotiating a repayment plan the
disconnect and late fees are then waived. Mr. Peters replied yes they are suspended so
when the resident is negotiating the repayment plan they have the choice of Option A: pay in
full, Option B: payment schedule and Option C: disconnect and responsible for all the fees.
Commissioner King asked if the CARES Act funding help to pay anyone's bill and Mr.
Paradise replied to date the City has granted over $150,000 and although he does not
have a breakdown the majority went toward mortgage and rental assistance followed by
utilities. Staff receives 500 inquires per week about the program, but it is a means based
program and if the person is not income qualified the City cannot help them.
Mayor Herzberg passed the gavel to make Vice Mayor Ramos.
Motion by Mayor Herzberg, seconded by Commissioner Avila-Vazquez,
to approve the proposed repayment plan for delinquent utility bills and
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implementation of water disconnects. Upon approval of this item
authorizes any and all necessary actions, documents or budget
transfers to facilitate Commission approval and further authorizes the
Interim City Manager to sign any documents necessary to further
Commission approval of this item.
Mayor Herzberg opened the public comments.
Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the program, delinquencies, pre
and post COVID, fliers, shut offs, City Attorney, the process, homeowners & tenants, and
sewer.
Terri Ellis, 1620 West Akron Drive, Deltona, spoke about communication.
Mayor Herzberg closed the public comments.
The motion carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
Vice Mayor Ramos passed the gavel back to Mayor Herzberg.
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.
Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about Dr. Cooper, the change in venue
and communication.
Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about the City Attorney, M.L.K.
Jr. monument, the former City Manager, dignity and honor, ethics and group homes and
liability.
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:
Mayor Herzberg requested to pull Consent Agenda Items 10- B, C and D for discussion.
Motion by Vice Mayor Ramos, seconded by Commissioner
Avila-Vazquez, to approve Consent Agenda Items 10-A and 10-D. The
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motion carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
A. Request for approval of the 2021 holiday meeting schedule - Joyce
Raftery, City Clerk’s Department (386) 878-8502.
Strategic Goal: External and Internal Communication
Approved by Consent - to approve the meeting and invocation
calendars for 2021, as presented and upon 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.
B. Request for approval of Resolution No. 2020-59 revising the City’s
Investment Policy - Camille Hooper, Finance Director - (386) 878-8552.
Strategic Goal: Fiscal Issues
Mayor Herzberg stated her concern is the language "Upon approval of this item authorizes
any and all necessary actions, documents or budget transfers to facilitate Commission
approval and further authorized the Interim City Manager to sign any documents necessary
to further Commission approval of this item." and she questioned if there were to be any
changes would this come back to the Commission for approval. Finance Director Camille
Hooper replied yes, if there are any change it will come back to the Commission. Interim
City Manager Dr. Cooper stated the decision is made by the professional firm that was
hired by the City and by the Commission.
Commissioner Nabicht stated the Commission should have no desire to be involved in
doing the actual investing and the decision is made by an investment manager who does
that for a living.
Interim City Manager Dr. Cooper stated that for Item 10-C there is one correction on Page
2, Section 3, of the Resolution the word "decisions" should be changed to
"recommendations".
Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to
approve Items 10-B and 10-C.
Mayor Herzberg opened and closed the public comments as there were none.
The motion carried by the following vote:
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For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
Resolution No. 2020-59 was approved at 7:34 p.m.
C. Request for approval of Resolution No. 2020-60 creating a Deferred
Compensation Working Group - Camille Hooper, Finance Director - (386)
878-8552.
Strategic Goal: Fiscal Issues
This item was approved under the previous item.
D. Request for approval of Resolution No. 2020-61, Budget Amendment for
Replacement Equipment Fund for FY 2020-2021 - Camille Hooper, Finance
Director, (386) 878-8552; and John Peters III, Public Works Director, (386)
878-8973.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Approved by Consent – to approve Resolution No. 2020-61, Budget
Amendment for the Replacement Equipment Fund for FY 2020-21. Upon
approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
E. Request approval of Resolution No. 2020-62 Providing for the approval of a
Local Agency Program Agreement for widening shoulders of Elkcam Blvd.
and approval of Local Agency Program (LAP) Agreement - Elkcam
Boulevard from Sylvia to Fort Smith - John Peters, III, P.E., Public
Works/Deltona Water (386) 878-8973.
Strategic Goal: Transportation Improvements
Mayor Herzberg asked what the time frame is for this and Mr. Peters replied within the year
and the City's share is roughly 30%.
Commissioner McCool asked who audits deliverables on projects and Mr. Peters replied in
this case FDOT (Florida Department of Transportation) who does a robust review and
audit.
Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to
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approve Resolution No. 2020-62 and the LAP Agreement with the
Florida Department of Transportation for the widening of shoulders on
Elkcam Boulevard from Sylvia Drive to Fort Smith Boulevard. Upon
approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item. The motion
carried by the following vote:
For: 6 - Mayor Herzberg, Vice Mayor Ramos, Commissioner
Avila-Vazquez, Commissioner King, Commissioner McCool,
and Commissioner Nabicht
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner Avila-Vazquez requested to have a CRA (Community Redevelopment
Agency) meeting to go over CRA projects because residents and businesses in the CRA
area, District #3, have been inquiring.
After discussion, the Commission concurred to have a CRA meeting to discuss
projects in the CRA area.
Commissioner McCool requested adding an agenda item to discuss in fill areas, problem
lots and construction sites. She also requested that she be provided copies of policies on
street debris and clean up because she is having an issue with someone breaking glass or
porcelain in the middle of a City road which is near a park and a bus stop. She questioned
whose responsible for cleaning City roads.
Interim City Manager Dr. Cooper replied he had discussions about that particular house
with the Commissioner. Every time the issue has been cleaned up the resident does it
again, repeatedly, and both Code Enforcement and the VCSO (Volusia County Sheriff's
Office) have given the resident warnings. However, to sent Public Works staff out there
every time is a waste of City resources because staff knows the resident is going to
continue to do it. The Parks & Recreation staff do clean up around that area, but this is an
every other day occurrence.
Commissioner Nabicht stated the Public Works on call person should be called out there
every time it happens to clean up the debris and he does not care how many times, what
day or time of the day it is or even if it is a holiday, but they are to mitigate the hazard. It is
the City's responsibility to keep the roads safe. Dealing with the person doing it is
complicated. Public Works is trained on working in the road, with bio-hazard materials and
has equipment to do that. The City needs to deal with the issue until VCSO can mitigate the
problem or the person that is doing this.
Commissioner McCool stated she has gone to different construction sites within the City
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and there are some builders who run a muck. The responsible builders have pristine sites,
the debris mitigated from the right-of-way and there is a barrier to protect the surrounding
lots. The issue is there does not seem to be a standard or maybe there is and not all
builders are following it.
Commissioner Avila-Vazquez stated she had a discussion regarding builders with the
Interim City Manager and Interim Deputy City Manager and an email was sent out that staff
was reviewing these policies with the builders which she hopes is a part of this.
Interim City Manager Dr. Cooper replied there is a piece of the code that for whatever
reason during the housing decline the City chose not to push forward so staff is
implementing that. Some people will be upset because this will add an additional cost to
their project, but it is the right thing to do to secure the individual lots so it does not affect the
surrounding properties. The City is taking a hard stand on that as well as on dumpsters not
being in the right-of-way. A number of builders have been open to it, but there have been
some challenges and staff has seen some improvements.
Mayor Herzberg asked for an update on the trees because she gets asked when a lot gets
cleared what is the requirement for tree replacement and how it is mitigated.
After discussion, the Commission concurred to workshop in fill, problem lots,
construction sites and tree replacement.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
Interim City Manager Dr. Cooper stated come January 1st staff will be looking at revising
and bringing forth recycling task force recommendations to the Commission. He noticed a
someone has brought this up to several Commissioners, staff did not forget about it that
and COVID did slow some things down.
14. CITY COMMISSION COMMENTS:
Commissioner Nabicht stated most people probably know, but for a teachable moment a
Certificate of Occupancy (CO) is issued by the Building Official after the Fire Official signs
off on a construction project. It is a local process dictated by the Building Code, therefore it
is staff. He will ask this question because there was a comment made by Former
Commissioner Barnaby that the Mayor asked him to intervene and expedite (paraphrasing)
the CO for Halifax Hospital which would have been the Mayor interfering with staff which
would be a violation of the City Charter. He is sure the Mayor would not do that, but he
wants her to go on record. Commissioner Nabicht asked Mayor Herzberg "Did you ask Mr.
Barnaby to facilitate the Certificate of Occupancy by the City's Building Official for Halifax
Hospital?" Mayor Herzberg replied "I absolutely did not, absolutely not." Commissioner
Nabicht stated so that was a false statement made publicly by Mr. Barnaby that was untrue,
he did not act on the Mayor's behalf and try to influence a public official with regards to
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approving Halifax Hospital's CO.
Commissioner King thanked the Commission for the City's donation to Wreaths Across
America, the check was received. He also thanked the residents that have contact him, his
wife or the American Legion to donate to Wreaths Across America. The event is struggling
this year, more donations are needed and so far the organization has raised $3,000 and
needs another $5,000 more. If anyone knows any corporate or individuals please get in
touch with him or the American Legion. He asked who is responsible the tenant, land owner
or Waste Pro for making sure that containers are kept in the coral and that the area inside
the corral is clean? Interim City Manager Dr. Cooper replied the Mayor report this, there is
an existing case on this and he will follow up to see if it can be expedited. Mayor Herzberg
stated that there is language in the Waste Pro agreement that businesses have to have a
corral that is well maintained and Interim City Manager Dr. Cooper stated they are
contracted with Waste Pro as their provider and it is the landlord's responsibility to keep it
maintained.
Vice Mayor Ramos gave a shout out to Parks & Recreation, the youth basketball games
concluded about a week and a half ago. He also thanked the parents and kids that
participated in the program and hopefully the champions at some point in time can be
acknowledged during a Commission meeting. There is a lot going on at Wes Crile and staff
has started the "Daily Mile" which is every Tuesday and Thursday starting at 6:00 p.m.
There has been a department, City Clerk's Department, that has been participating in the
Daily Mile. They have put out a challenge not just to the other departments, but to the
Commissioners as well. He would like to see any of the Mayor, any of the Commissioners,
the City Attorney or the Interim City Manager to come out and participate. This is a great
opportunity to and there are from six to ten people walking at their own pace. The City
signed something already for the ECHO Volusia Forever for the inclusive fitness stations,
but is there any way a banner can be placed at Wes Crile with pictures of what will be
installed. A lot of times the residents do not realize what is coming down the pike, that park
is heavily used and it would be a way to get the residents excited about the things that are
happening. He looks forward to seeing everyone tomorrow at 6:00 p.m. Mayor Herzberg
asked if there is a representative from the City Clerk's Department or the whole department
walking because she nominates the Vice Mayor as the Commission's representative. Vice
Mayor Ramos stated the Clerk's Department has three staff members and the Community
Information Specialist are participating.
Mayor Herzberg asked for an update on the Compensation Study at the next meeting and
she asked if it was moving forward. Interim City Manager Dr. Cooper replied yes, it is in the
process and the firm has been chosen.
Mayor Herzberg reminded everyone that the next Regular Commission Meeting on
November 2nd will be back in the Commission Chambers.
Commissioner Nabicht thanked the IT (Information Technology) staff, camera staff, Public
Information staff, and anyone else that helped make this meeting work tonight he knows it
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was a lot of work.
Interim City Manager Dr. Cooper stated there will be no other meetings the rest for the rest
of October.
Mayor Herzberg wished everyone a Happy Halloween and she thanked the City Clerk's
Office.
Vice Mayor Ramos reminded everyone about the Trunk or Treat event at The Center
starting at 6:30 p.m. on Thursday, October 29th. It is a drive through only event, no walk-ups,
while supplies last.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 8:35 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
The Center at Deltona
1640 Dr. Martin Luther King Blvd., Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Heidi K. Herzberg
Vice Mayor Victor Ramos
Commissioner Maritza Avila-Vazquez
Commissioner Anita Bradford
Commissioner Loren King
Commissioner Dana McCool
Commissioner Chris Nabicht
Monday, October 19, 2020 6:30 PM
A. In an effort to reduce the possibility of exposure of residents to the COVID-19
(Coronavirus) we are allowing limited public access into the Commission
Chambers and practicing social distancing with the City Commission, staff and
residents.
Background: ***NOTE***
The City Commission is dedicated to working hard and keeping our city
moving forward, and a top priority during the COVID-19 pandemic is to help
maintain the health of our employees and residents. Another top priority is
being able to maintain public participation in our City meetings. Following
CDC Guidelines, we are allowing limited public access into the Commission
Chambers and practicing social distancing with the City Commissioners,
staff and residents. Though there are restrictions when it comes to public
gatherings, we are dedicated to making sure those who would like to make
their voice heard are able to.
Please note your public comments can be submitted via one of the
following mediums no later than 3:00 p.m. October 16, 2020 to ensure
they are available for the Commissioners to review prior to the meeting.
· eComment
o Click the “Agenda & Minutes” icon on the homepage;
o Chose the meeting you want to comment on and click on
“eComment” in the last column; and
o Go to the item and click on the speech balloon marked
“Comment” to make your comment.
o To view all comments made on an item chose the
speech balloon to the left.
· Visit the “Request To Speak” page of the website at
<https://www.deltonafl.gov/city-commission/webforms/request-s
peak>
o Under the Commission Meetings tab
o Fill out the “Request To Speak” form - which will be
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City Commission Regular Commission Meeting October 19, 2020
submitted.
· Email: cityclerkdept@deltonafl.gov
<mailto:cityclerkdept@deltonafl.gov>
· Fax: 386-878-8501
All submitted comments will become part of the official City record, and
be attached to the meeting minutes. This is a fluid situation and as
procedures change, we will be sure to update you.
Attachments: Instructions for eComment
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #2 Commissioner.
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 October 5, 2020, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: October 5, 2020 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Central Florida Legends Skunk Ape Marathon, Mermaid
Half-Marathon and Fountain of Youth 5K - Don Stoner with Runners High,
West Volusia Runners & Jerry Mayes, Economic Development (386) 878-8619.
Background: The West Volusia Runners are pleased to announce the second annual
Central Florida Legends Skunk Ape Marathon, Mermaid Half-Marathon
and Fountain of Youth 5K returns to Lake Monroe on Nov. 22. Over
1,000 runners participated in these races last fall which is designed to
highlight the natural beauty of West Volusia and the Volusia County
trails system. Registration is going on now at
CentralFloridaLegendsRace.com
<http://CentralFloridaLegendsRace.com> Packet pickup for the runners
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will be at Central 28 in DeBary, on Friday, Nov. 20 and the Lakeshore
Community Center in Deltona on Saturday, Nov. 21. Social distancing
measures will be in place for the races and runners are asked to wear
masks before and after their respective races. Eventually, the West
Volusia Runners hope to take the full marathon all the way around the
lake utilizing mostly trails. The City of Deltona’s Economic Development
Office believes this event is a great edition to West Volusia’s
eco-tourism calendar.
B. Video Presentation - Halifax/UF Health Hospital Facility and request for
approval of Halifax Deltona Entry Feature Use Agreement - Mr. Rafael Ramirez,
Marketing and Communications for Halifax Health.
Strategic Goal: Internal and external communication
Background: Mr. Rafael Ramirez, Marketing and Communications for Halifax Health
will be providing a short video presentation on the current status of the
Halifax/UF Health Hospital in Deltona.
Also, on November 6, 2017, the City and Halifax entered into an
interlocal agreement for the purpose of, amongst other things, building
a new hospital within the Halifax Crossing development. Upon approval
of this item authorizes any and all necessary actions, documents or
budget transfers to facilitate Commission approval and further
authorized the Interim City Manager to sign any documents necessary
to further Commission approval of this item.
Attachments: Medical Center Joint Agreement
C. Proclamation - Halifax Health Fights Against Breast Cancer Day.
Background: The City of Deltona is proud to partner with Halifax Health to increase
the awareness of
breast cancer, proclaiming October 19, 2020 as Halifax Health Fights
Against Breast Cancer Day.
Attachments: Halifax Health-Breast Cancer Day
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2020-53, Conditional Use Application for a
Community Residential Home at 1202 Sherbrook Drive - Ron A. Paradise,
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
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Background: Resolution No. 2020-53 is a proposal for a Community Residential
Home (CRH) located at 1202 Sherbrook Drive (site). The site is zoned
R-1A and consists of a ±0.24-acre Deltona Lakes platted lot developed
with a ±1,480 square foot single family residential home. The
surrounding area is also zoned R-1A. The request is to serve up to two
(2) adult senior citizen residents.
According to State Law, the purpose and intent of a CRH serving up to
six (6) residents is to emulate a family unit living in a single-family house
situated within a residential neighborhood. The proposed CRH at 1202
Sherbrook Drive can comply with City Land Development Code (LDC)
requirements. In addition, consistent with Sec. 110-814(c) and to
enhance neighborhood compatibility, the following conditions are
suggested:
a. The applicant shall provide an approval letter from Volusia County
Health Department for the existing septic system prior to the
issuance of the BTR to ensure the existing septic system is
adequate in light of living area expansion at the house. If the existing
septic is not adequate the applicant will be required to upgrade the
existing septic system prior to the BTR issuance;
b. The dwelling shall serve no more than two (2) non-related elderly
residents within the dwelling;
c. All residents and related service shall be directly associated with
and regulated by the Florida Agency for Health Care Administration
(AHCA);
d. The CRH shall remain under management and ownership of
Chastity Moye, the property owner of 1202 Sherbrook Drive;
e. The applicant shall continue to utilize the dwelling as a primary
residence, including maintaining the residence as a homesteaded
dwelling;
f. No signage shall be allowed besides what is allowed for a home
occupation; and
g. The proposed CRH service is for an AFCH; if the applicant desires
to provide any other services, a new conditional use application
shall be submitted to the City for review and action.
For more information see the attached staff report and related
supporting materials.
At the September 16, 2020, Planning and Zoning Board hearing, the
Board voted unanimously to recommend the City Commission approve
the CRH request at 1202 Sherbrook Drive subject to the above stated
conditions.
Finally, consistent with LDC Sec. 110-1102(e), a Conditional Use must
have City Commission super majority approval consisting of no less
than five (5) City Commission votes.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
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further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: Staff Report
Maps
Resolution No. 2020-53
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Consideration of the appointment of one (1) Deltona City Commissioner to the
Affordable Housing Advisory Committee for a term to expire October 5, 2021,
per House Bill 1339 - Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: House Bill 1339 which was effective July 1, 2020 addresses several
issues affecting certain bonding activities; impact fee accounting;
building inspections; affordable housing and related linkage fees; and
the regulation, ownership, and tenancy related to mobile homes, mobile
home parks, and related homeowners’ associations. Current City
operations do not conflict with any of the changes associated with
House Bill 1339. However, the City as an entitlement community
receiving State Housing Initiatives Partnership (SHIP) funds is
obligated to change the membership of the Affordable Housing
Advisory Committee (AHAC). HB 1339 now requires a SHIP
entitlement community like Deltona to appoint a member of the Deltona
City Commission to the Affordable Housing Advisory Committee.
Attached is the current AHAC member list and House Bill 1339. Below
are highlighted sections of House Bill 1339 that pertain to the
appointment of an elected official.
Section 16. Section 420.531, Florida Statutes, is amended to read:
420.531 Affordable Housing Catalyst Program. -
(Page 38 of 79/Lines 933-949)
(2) In consultation with the corporation, the entity providing statewide
training and technical assistance shall convene and administer biannual
regional workshops for the locally elected officials serving on affordable
housing advisory committees as provided in s. 420.9076. The regional
workshops may be conducted through teleconferencing or other
technological means and must include processes and programming
that facilitate peer-to-peer identification and sharing of best affordable
housing practices among the locally elected officials. Annually, calendar
year reports summarizing the deliberations, actions, and
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recommendations of each region, as well as the attendance records of
locally elected officials, must be compiled by the entity providing
statewide training and technical assistance for the Affordable Housing
Catalyst Program and must be submitted to the President of the
Senate, the Speaker of the House of Representatives, and the
corporation by March 31 of the following year.
Section 19. Subsections (2) and (4) of section 420.9076, Florida
Statutes, are amended, and subsection (10) is added to that section, to
read:
420.9076 Adoption of affordable housing incentive strategies;
committees. -
(Pages 40-41 of 79/Lines 998-1035)
(2) The governing board of a county or municipality shall appoint the
members of the affordable housing advisory committee. Pursuant to the
terms of any interlocal agreement, county and municipality may create
and jointly appoint an advisory committee. The local action adopted
pursuant to s. 420.9072 which creates the advisory committee and
appoints the advisory committee members must name at least 8 but not
more than 11 committee members and specify their terms. Effective
October 1, 2020, the committee must consist of one locally elected
official from each county or municipality participating in the State
Housing Initiatives Partnership Program and one representative from at
least six of the categories below:
(a) A citizen who is actively engaged in the residential home building
industry in connection with affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage
banking industry in connection with affordable housing.
(c) A citizen who is a representative of those areas of labor actively
engaged in home building in connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income
persons in connection with affordable housing.
(e) A citizen who is actively engaged as a for-profit provider of
affordable housing.
(f) A citizen who is actively engaged as a not-for-profit provider of
affordable housing.
(g) A citizen who is actively engaged as a real estate professional in
connection with affordable housing.
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(h) A citizen who actively serves on the local planning agency pursuant
to s. 163.3174. If the local planning agency is comprised of the
governing board of the county or municipality, the governing board may
appoint a designee who is knowledgeable 1028 in the local planning
process.
(i) A citizen who resides within the jurisdiction of the local governing
body making the appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in
the local housing assistance plan.
(Page 44 of 79/Lines 1092-1099)
(10) The locally elected official serving on an advisory committee, or a
locally elected designee, must attend biannual regional workshops
convened and administered under the Affordable Housing Catalyst
Program as provided in s. 420.531(2). If the locally elected official or a
locally elected designee fails to attend three consecutive regional
workshops, the corporation may withhold funds pending the person's
attendance at the next regularly scheduled biannual meeting.
The SHIP Act and Rule requirement has been reinstated per SHIP
statute (F.S. 420.9076 and Rule 67-37.010) that in order to continue to
qualify for funding, the local government must appoint an Affordable
Housing Advisory Committee.
The AHAC Committee shall evaluate and report to the City
Commission on established policies, procedures, ordinances, land
development regulations, and review the comprehensive plan; to
include, recommended changes as established in Section 420.9076,
F.A.C.
The City shall transmit an electronic copy of the report, which is
presented to the City Commission for consideration to the Florida
Housing Finance Corporation.
In the past, the City has been consistent with regard to discouraging
dual position holding. For example, a member of the City Commission
could not also serve on an advisory board like the Planning and Zoning
Board. However, in this case, there is a State mandate to have an
elected official serve on an AHAC. Therefore, to comply with State law
the appointment of an elected official to the AHAC would be
appropriate.
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Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the interim City
Manager to sign any documents necessary to implement Commission
approval of this item.
Attachments: HB 1339 Effective July 1, 2020
F.S. 420.9076
AHAC Member List 09-23-2020
B. Request for approval of proposed repayment plans for delinquent utility bills
and implementation of water disconnects - John Peters, III, P.E., Public
Works/Deltona Water (386) 878-8973.
Strategic Goal: Provision of utility services
Background: In response to the COVID-19 Pandemic, the City of Deltona proactively
implemented a program in March 2020 that stopped all pending meter
turn-offs for delinquent bills as of the February billing. While the
pandemic is still active in the State of Florida, staff has begun to
develop a process going forward regarding delinquent bills and water
meter disconnects. In developing the strategy, we worked under the
following goals:
1. The process is fair to both the delinquent customer and all rate
payers,
2. The goals within the plan are achievable:
a. The ability to develop over 3,500 repayment plans and/or
b. The ability to turn off up to 3,500 water meters within thirty
days.
Staff intends to implement the following repayment plan beginning with
the December bill run. The bills will include a notice of the repayment
plan that includes the following three steps:
1. For the customers who pay the balance in full with the December
bill, all late fees will be waived,
2. For those customers who mail in the executed repayment plan
(included in December bill) to Customer Service prior to the bill
due date, the City will establish an automatic 120 day
Repayment Plan. To assist with this process for those who
prefer to call, customer Service will have extended hours along
with Saturday hours. To show good faith on the Repayment Plan,
the customer must pay the current charges (November usage),
or
3. Beginning in January, all accounts that have not been paid in full
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City Commission Regular Commission Meeting October 19, 2020
or have not initiated a Repayment Plan, the City will begin the
process of disconnecting water meters for delinquent accounts.
To reactivate the meter, the customer must pay all pass due
amounts along with a reactivation/disconnect fee.
We believe this repayment plan is fair to the impacted customer by
providing up to eight months of relief, maintains our fiduciary
responsibility to our overall customer base, and is manageable for our
staff with some adjustments.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorizes the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: Repayment Plans for Delinquent Bills - October 19
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:
A. Request for approval of the 2021 holiday meeting schedule - Joyce Raftery,
City Clerk’s Department (386) 878-8502.
Strategic Goal: External and Internal Communication
Background: In the past, the Commission has chosen to change the Commission
meeting schedule in December due to the holiday season, i.e.
combining the two (2) regular meetings in December to one (1)
meeting in the middle of the month of December and to have no
workshops during the month of December.
Attached for the Commission's approval is the proposed schedule for
the calendar year 2021 City Commission meetings which includes one
(1) Regular Commission Meeting and no workshops for the month of
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City Commission Regular Commission Meeting October 19, 2020
December, 2021. The invocation schedule for 2021 is also included for
the Commission's information.
Upon 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: 2021 Holiday Meeting Schedule
2021 Invocation Meeting Schedule
B. Request for approval of Resolution No. 2020-59 revising the City’s Investment
Policy - Camille Hooper, Finance Director - (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: The City’s current Investment Policy was adopted November 5, 2005
and last revised on November 7, 2016. Staff is presenting Resolution
No. 2020-59 to revise the policy. The recommended changes will
update the names of organizations referenced in the document, will
allow additional diversification of investments within the portfolio, and
will include the investment policies governing the City’s deferred
compensation plans. The policy remains in compliance with Section
218.415, Florida Statutes.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: 2020-59 Resolution - Revision of Deltona Investment Policy
Investment Policy Incl Deferred Comp - Updated 10012020 (redlined)
Investment Policy Incl Deferred Comp - Updated 10012020 (clean)
C. Request for approval of Resolution No. 2020-60 creating a Deferred
Compensation Working Group - Camille Hooper, Finance Director - (386)
878-8552.
Strategic Goal: Fiscal Issues
Background: The City’s entered into an agreement with NFP on May 18, 2020, to
provide advisory, compliance, and plan education services for its
Section 401(a) and 457(a) deferred compensation plans offered to
employees to carry out its fiduciary responsibility and comply with
ERISA standards.
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As part of its services, NFP regularly reviews the deferred
compensation plans and their investment offerings. Staff recommends
creating a Working Group that will communicate regularly with NFP
regarding their review of the plans, and make decisions about Plan
operations; and also recommends that the members be indemnified in
order to allow them to carry out their responsibilities.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: Resolution 2020-60 - Deferred Compensation Working Group
Resolution 2020-60_Attachment A
D. Request for approval of Resolution No. 2020-61, Budget Amendment for
Replacement Equipment Fund for FY 2020-2021 - Camille Hooper, Finance
Director, (386) 878-8552; and John Peters III, Public Works Director, (386)
878-8973.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Background: The Commission approved the annual budget for FY 2020-21 on
September 21, 2020. Staff requests budget amendment as detailed in
attached Exhibit A to
· Appropriate $30,000 unencumbered fund balance in the
Replacement Equipment Fund to cover the estimated cost of
security cameras for Public Works Depot not included in original
budget request.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorized the Interim City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: 2020-61 Resolution - Budget Amendment 001
2021-003 Security Cameras PW Depot
E. Request approval of Resolution No. 2020-62 Providing for the approval of a
Local Agency Program Agreement for widening shoulders of Elkcam Blvd. and
approval of Local Agency Program (LAP) Agreement - Elkcam Boulevard from
Sylvia to Fort Smith - John Peters, III, P.E., Public Works/Deltona Water (386)
878-8973.
Strategic Goal: Transportation Improvements
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Background: The City of Deltona has aggressively pursued State and Federally
funds for local transportation project through the LAP program
administered by the State of Florida. Recently, staff completed the
Tivoli Sidewalk Project, and we are currently under construction of
numerous sidewalks as part of the Sidewalks to Schools initiative.
Moving forward, we are now certified by the FDOT to begin the paved
shoulder widening of Elkcam Boulevard from Sylvia Drive to Fort Smith
Boulevard. This $1,322,087 project will consist of $1,000,988 (75.7%)
State & Federal Funds and $322,099 (24.3%) local funds. City funds
are available for this project in the Transportation Fund.
Attachments: Resolution 2020-62
445010-1-58(68)-01 FY21 - LAP - Elkcam Blvd - City of Deltona
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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