City Commission
Regular MeetingDeltona, FL · August 16, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 16, 2021 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 9 - Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Vice Mayor Bradford
Mayor Herzberg
Acting City Manager
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Sosa.
Mayor Herzberg thanked the Commission and staff for allowing her to attend via Zoom.
After the Invocation and the pledge she will be asking for a point of privilege regarding an
item on the agenda.
Commissioner Sosa introduced Pastor Jake Samples with Grace Baptist Church DeBary
who led everyone in the invocation and Commissioner King led everyone in the pledge to
the flag.
The National Anthem was sung by JD Marie a 10th Grader at Pine Ridge High School.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of March 15, 2021,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Mayor Herzberg requested to move Item 8-A, New Business, before the
presentations and after that she will hand the meeting over to Vice Mayor
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Bradford and the Commission concurred.
Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to
approve the minutes of the Regular Commission Meeting of March 15,
2021, as presented. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
8. NEW BUSINESS:
A. Consideration of one appointment from Mayor Herzberg to the Planning
and Zoning Board for the remainder of a term to expire on March 15, 2022 -
Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Mayor Herzberg stated she would like to appoint Tom Burbank to the Planning and Zoning
Board.
Motion by Commissioner Ramos, seconded by Commissioner Sosa, to
confirm Mayor Herzberg's appointment of Tom Burbank to the Planning
and Zoning Board for the remainder of a term to expire on March 15,
2022. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Mayor Herzberg passed the gavel to Vice Mayor Bradford and she left the meeting at 6:37
p.m.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Certificate of Recognition - Summer Intern Program
The Mayor and Commission presented Certificates of Recognition to the students who
participated in the Summer Intern Program for the City of Deltona, Halifax Health Medical
Center and Advent Health Fish Memorial Hospital.
B. COVID update by Rafael Ramirez, MBA, Marketing Development
Specialist-Physician & Corporate Relations.
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Strategic Goal: Internal & External Communication
A COVID update and statistics was provided by Rafael Ramirez, MBA, Marketing
Development Specialist-Physician & Corporate Relations.
The Commission and Mr. Ramirez discussed getting a copy of the presentation, the youth
statistics, testing at Halifax Health, and patients coming first.
Mr. Ramirez announced that the Urgent Care at 2090 Saxon Blvd. is turning into an Express
Care which will open tomorrow and that facility will handle non-life threatening issues. This
facility will help alleviate those people who would have gone to the emergency department.
Halifax Health is also now transferring occupational medicine needs to other hospitals from
the facility on Saxon Blvd.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 04-2021, Amending Chapter 45 of the City
Code of Ordinances dealing with panhandling, at first reading - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety
Planning & Development Services Director Ron Paradise gave a brief explanation of the
item.
The Commission and staff discussed where this is happening within the City.
Motion by Commissioner Ramos, seconded by Commissioner
Avila-Vazquez, to adopt Ordinance No. 04-2021 updating City Code of
Ordinances Chapter 45, Panhandling, at first reading and schedule a
second and final reading for September 20, 2021. The Acting City
Manager has the authority to make corrections of scrivener's errors and
the like.
Vice Mayor Bradford opened the public hearing.
Jim Cameron, Consultant with Daytona Beach, spoke about the chamber of commerce, the
business community, the issue got out of hand, Attorney Kahn wrote up the ordinance for
Daytona, locations where it is and is not allowed, and the difference the ordinance has
made.
Vice Mayor Bradford closed the public hearing.
The City Attorney stated she was very concerned with regards to constitutional issues and
the Daytona Beach ordinance was something that had been proven. There is a number of
panhandling ordinances in the State of Florida including State Statute which has been
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proven to be unconstitutional. Both staff and the Sheriff tried to come up with something that
we are both comfortable with and not getting on the wrong side of constitutionality of it.
The City Attorney read the title of Ordinance No. 04-2021 for the record.
AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING CHAPTER 45,
“PANHANDLING,” OF THE DELTONA CODE OF ORDINANCES, MAKING FINDINGS,
PROVIDING DEFINITIONS, PROHIBITING CERTAIN ACTS, AND PROVIDING FOR
CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
Ordinance No. 04-2021 was approved at 7:03 p.m.
7. OLD BUSINESS:
None.
8. NEW BUSINESS:
B. Request for approval of Resolution No. 2021-47, Approval of technical
changes and amendments to the City of Deltona Local Housing Assistance
Plan (LHAP) - Ron A. Paradise, Director Planning and Development
Services (386) 878-8610.
Strategic Goal: Fiscal Issues - Administer grants.
Planning & Development Services Director Ron Paradise gave a brief explanation of the
item.
The Commission and staff discussed recouping the money and from who, short sales,
second mortgage, LHAP (Local Housing Assistance Plan) funds from last year, carryovers,
administering all the funds, people not wanting leans on their home, and the challenges.
Vice Mayor Bradford opened and closed the public comments as there were none.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
King, to approve Resolution No. 2021-47, a request to amend the
2019-2020, 2020-2021, and 2021-2022 Local Housing Assistance Plan to
increase down payment assistance and facilitate an owner occupied
grant award amount of up to and not to exceed $15,000.00 for extremely
low and very low income households for roof replacement only. The
Acting City Manager has the authority to make corrections of
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scrivener's errors and the like. The motion carried by the following
vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
Resolution No. 2021-47 was adopted at 7:13 p.m.
C. Request for approval to change Code Compliance Special Magistrate
Hearing Schedule from a 5:30 pm start to a 12:30 pm start time - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety
Planning & Development Services Director Ron Paradise gave a brief explanation of the
item.
The Commission, Acting City Manager and staff discussed doing a hybrid, holidays,
consistency, getting the word out, having competing times, keeping a consistent time is
better for everyone, being convenient for the City and not residents, what other cities have,
leaving it as is, changing codes' schedule or pay overtime, handling citations, having a
month to handle the issue, code helping the resident through the process, was there an
analysis done on the other cities, did not look at compliance rates, working with residents to
come into compliance, the optics of this, it being intimidating, this being extraordinary
times, repairing the relationship with residents, and keeping the time at 5:30 p.m.
Vice Mayor Bradford opened the public comments.
Elbert Bryan, Deltona, spoke about going before the Special Magistrate, the time not
mattering to him, his obligation to show up, to squabble over $5,000, the thought process,
change it to 8:00 a.m., 4:00 p.m. or 7:00 p.m., code getting paid overtime, the size of
numbers on a house, weeds/flowers being illegal, inconveniencing residents, his four
Special Magistrate cases, cases over 10 year and the time being past lunch time.
Vice Mayor Bradford closed the public comments.
Vice Mayor Bradford passed the gavel to Commissioner Ramos.
Motion by Vice Mayor Bradford, seconded by Commissioner Sosa, to
decline the time change and the Acting City Manager has the authority
to make corrections of scrivener's errors and the like. The motion
carried by the following vote:
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For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
D. Discussion regarding an important update and notification of upcoming
action and deadlines for voting on the Mallinckrodt plc bankruptcy Plan
(Mallinckrodt Plan) - City Attorney Skip Fowler, Legal Department (386)
878-8872.
Strategic Goal: Internal & External Communications
Commissioner Ramos passed the gavel back to Vice Mayor Bradford.
City Attorney Segal-George gave a brief explanation of the item.
Vice Mayor Bradford opened and closed the public comments as there were none.
The Commission and City Attorney discussed how are the funds being shared, is there any
caveats to how funds are used, do not know how long this will continue, this is the ongoing
opioid legislature and class action suit, and would it go to the county or the City.
Motion by Commissioner McCool, seconded by Commissioner
Avila-Vazquez, to accept which is consistent with the recommendation
in the letter from Jamey Szerdi our attorney in the case. The Acting City
Manager has the authority to correct scrivener's errors and the like. The
motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
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. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. However, individual Commissioners may wish to respond under their
"City Commission Comments". 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.
Joel Dawson, Deltona, spoke about food trucks, following restaurant guidelines, food born
illness, license from DBPR (Department of Business and Professional Regulations) and
Health Department, food procedures, being a retired Marine, keeping food for 72 hours,
events in the City and building moral in the City, networking events, bringing in other food
trucks, following the rules, submitting permits, and thanked the Commission for his time and
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consideration.
Mark Masterson, 1242 E. Lombardy Drive, Deltona, spoke about Firefighter's Memorial
Park, the basketball court, the playground, and nothing being posted.
Joshua Wily, 1370 Cornet Drive, Deltona, spoke about code shutting down a food truck,
food trucks being good for the community, staying in compliance, Mr. Dawson working with
other food trucks, passing fire inspections, different stories, church events, when a permit is
needed, needing 90 day notice, work together so it is not so complicated, more serious
issues to worry about, and enjoying what the food trucks have to offer.
City Attorney Segal-George stated she and Mr. Paradise are working on the food truck
ordinance which is not completed yet and will be coming back to the Commission. She
asked the people with concerns about food trucks to provide their contact information to
Mr. Paradise. Staff would be glad to talk to them and keep them in the loop with regards to
what is being done.
Vice Mayor Bradford stated last week was a workshop to discuss the issue and she knows
there was some information on social media, but nothing was passed last week.
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification. 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.
None.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent Agenda
and considered separately. All other matters included under the Consent Agenda will
be approved by one motion. Citizens with concerns should address those concerns
by filling out a public participation slip and giving it to the Deputy City Clerk prior to
Consent Agenda items being pulled.
Commissioner Sosa requested to pull Consent Agenda Item 11 - C for discussion.
Motion by Commissioner Ramos, seconded by Commissioner King, to
approve Consent Agenda Items 11-A and 11-B. The motion carried by
the following vote:
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For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
A. Determination by the City Commission to allow an on-site advanced
wastewater treatment and disposal system in lieu of a central sewer
connection at 988 Elkcam Blvd. for a proposed redevelopment plan to
accommodate a daycare. - Ron A. Paradise, Director, Planning and
Development Services (386) 878-8610.
Strategic Goal: Infrastructure - utilities
Approved by Consent - to approve the use of an advanced, aerobic
on-site treatment disposal system at 988 Elkcam Blvd. subject to the
following conditions:
1) The on-site treatment disposal system shall be an advanced, aerobic
design and type; 2) The applicant/owner shall install on-site
infrastructure to facilitate seamless connection to a central system
when available; and 3) The applicant, current owner, or any future
owner shall connect at the request of the City when a central system
becomes immediately available. Immediately available shall mean
within any right of way abutting the property (either side of the road) or
adjacent to any property boundary. The Acting City Manager has the
authority to make corrections of scrivener’s errors and the like.
B. Request approval of the Task Authorization with Tetra Tech for the design,
permitting and pre-construction bidding services for the Clear Lake and
Lake Baton Stormwater Pump Station Upgrades, in accordance with their
Agreement with the City of Deltona and RFQ# PW 2020-08 for Continuing
On-Call Stormwater Engineering Services in the amount of $234,890. -
Steven Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure
Approved by Consent - to approve the Task Authorization with Tetra
Tech for the design, permitting and preconstruction bidding services for
the Clear Lake and Lake Baton Stormwater Pump Station Upgrades, in
accordance with their Agreement with the City of Deltona and RFQ# PW
2020-08 for Continuing On-Call Stormwater Engineering Services in the
amount of $234,890. The Acting City Manager has the authority to make
corrections of scrivener’s errors and the like.
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C. Request to transfer $250,000 from City reserves to Code Compliance (196),
unsafe conditions abatements, as part of Budget Year 2021-2022 - Ron A.
Paradise, Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Public Safety - City beautification.
Commissioner Sosa stated he does not have an issue with the tax liens, however, to recap
the cost of the abatement the City has the ability to levy non ad valorem tax assessments on
properties which will eventually appear on the tax bill of the property in the next fiscal year.
His problem with that is that the City does not currently do that and City Attorney
Segal-George replied "yes we do", the City has been doing it for two or three years and she
explained the process and the different safety/health issues involved. The residents will
always have a continued opportunity to pay back what the City had to pay to fix their
situation. There is plenty of notice, opportunity and this is being used by a lot of
governments.
Commissioner Ramos left the meeting at 7:46 p.m. and returned at 7:46 p.m.
Commissioner Sosa stated an elderly couple could not cut their grass because the
husband just got out of the hospital and was told he could not have an extension. City
Attorney Segal-George replied that is not the kind of situation that staff is looking at. The
City cannot move forward unless the lien exceeds $1,500.
Acting City Manager Peters stated the most important thing is this is another item in the
toolbox and this is a last resort for safety hazard or liability problem. Also, in the example of
the elderly couple he referred to staff had begun discussions internally about some staff
volunteering to mow their grass for them. There are employees here that care about the
community and he has no doubt that if the situation was not rectified when it was that the
staff would have gone the unusual route of staff volunteering to mow the lawn for them. Their
situation was unusual, but they would not have fallen into this type of program. The example
of the elderly couple was a poor example with regards to this discussion.
Motion by Commissioner Ramos, seconded by Commissioner
Avila-Vazquez, to direct the Acting City Manager to allocate $250,000 for
Code Compliance abatement purposes from the City reserve fund as
part of budget year 2021-2022. The Acting City Manager has the
authority to make corrections of scrivener's errors and the like.
Vice Mayor Bradford opened and closed the public comments as there were none.
The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, and Vice Mayor Bradford
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12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner Ramos gave a brief report on TPO (Transportation Planning Organization),
the Executive Director has resigned and they are looking for a new Executive Director. As
part of the Executive Committee he is also a part of the search committee. The TPO is
moving forward, but he wanted everyone to realize if they read the article the TPO currently
has an Interim Executive Director Colleen Nicoulin who has been with the agency for a few
years and the TPO is still in good hands.
13. CITY ATTORNEY COMMENTS:
None.
14. CITY MANAGER COMMENTS:
Acting City Manager Peters stated a policy was put into place last week for any employee
who had been vaccinated or is vaccinated before December 31, 2021 the City will provide
two days of vacation to encourage vaccinations. There is a planned vaccination on Friday
morning here in the Commission Chambers for the employees. He just received news
today that apparently nobody can get the Johnson & Johnson vaccine in the State of Florida
right now so the City will be doing the first shot of the Moderna dual vaccines.
15. CITY COMMISSION COMMENTS:
Commissioner King encouraged everyone to come out to The Center on August 28, 2021
for country night featuring a friend of his who is an Army Paratrooper Veteran and he has
been writing music since he was twelve years old. He has written number one hits for
people like Randy Travis, the Oak Ridge Boys and many other top country music stars. He
will probably tell a story and play a song called Red, White and Blue. His name is Rockie
Lynne, the doors open at 7:00 p.m. and the concert starts at 8:00 p.m.
Commissioner Avila-Vazquez asked the manager for an update on the CRA (Community
Redevelopment Agency) project. Acting City Manager Peters replied there are several
things coming before the Commission in the future. The first is authorization for the design
of the sewer lines along Deltona Blvd. but, more on the Enterprise side and for the area on
Saxon Blvd. Part of that is an inclusion of a commercial real estate broker and when looking
at commercial property there is three factors. One, is it properly zoned, is it the correct size
and does it have utilities. One of the problems along Saxon and Deltona Blvds. are
inadequately sized lots to support commercial development. Staff is looking at how to
consolidate property to create more commercial opportunities, especially along Saxon
Blvd. The next item is the benches and staff has put out an RFP (Request For Proposal) for
benches throughout the City. Waiverly has a significant number of uncovered benches
throughout the City, they have advertisements on them and approximately 99% of them are
not ADA (Americans with Disabilities Act) compliant but, staff is trying to address that.
Duke is finalizing the plans to upgrade the street lights in that area, especially from
Normandy Blvd. to Deltona Blvd. Staff will be bringing forward the proposal to the
Commission to authorize that work. The Commission approved the imbedded light project
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for high intensity LED (Light-emitting diode) lights in the pavement for crosswalk areas
which are in process and staff is working with FDOT (Florida Department of Transportation)
on that. The other item going on in the area of Deltona Blvd. is a major Code Enforcement
sweep. There were approximately 77 violations noted in that corridor. The business owners
in that area have really stepped up. The former gas station at Deltona and Enterprise Blvds.
was torn down to make it more viable. Across the street is a church which has come into
compliance and staff is working on some interior modifications to bring them up to code. All
down the corridor staff is seeing compliance and improvements. Welcome Way Road is a
private road that starts at the Waffle House, goes across Deltona Blvd. and out to Doyle
Road and staff has had issues with sidewalk maintenance there so staff is working with the
adjacent owner to transfer the right-of-way to the public so the City can take it over. In the
hotel area staff has identified some serious issues with sidewalks and internally staff will put
together a plan to provide better pedestrian traffic. Staff will be coming back to the
Commission, probably in October, with another CRA update because he generally likes to
keep them six months apart.
Commissioner Avila-Vazquez asked what is going on with Saxon and Deltona Blvds. with
regards to the wiring for AT&T. Mr. Paradise replied it is fiber optic lines being installed,
most of the work is being done on county right-of-ways and AT&T is doing the work on
Providence Blvd.
Commissioner Avila-Vazquez stated with regards to the question regarding Lombardy
Park, this was brought up at the last meeting and staff is waiting for parts to come in so the
work can be finished and Acting City Manager Peters replied correct.
Commissioner McCool encouraged everyone to attend the country night at The Center and
to attend her budget town hall meeting on Thursday, August 26, 2021 from 7:00 p.m. to 8:30
p.m. The purpose of the meeting is to hear from residents to find out what is and is not
important to them. She would like input because that is how to build a better City together.
Secondly, she is very excited as the City moves forward on social services for social issues
and working to better the City for everyone. She is going to be calling upon developers in
the upcoming years who profit greatly from the City to get involved on this level as the City
tries to establish help with substance abuse, alcohol abuse and mental health issues. There
are a couple non-profits that step up but, the City is growing and the developers are
enjoying the fruits of the City's growth so they can roll up their sleeves and contribute some
money. She will be talking to developers in the future, she will be thanking them for
suggesting the City and them work together and being good partners. She is looking
forward to it.
Commissioner Ramos stated the country night is August 28th, doors open at 7:0 p.m. and
tickets can be purchased at The Center. Here on the west side there is Family Health
Source that is providing the COVID vaccine as well as Publix and CVS. The Family Health
Source health center is open, there was a soft opening two weeks ago and is open as of
this morning. The DeltonaTV is hosting a weekly or monthly event which will be hosted by
the West Volusia Chamber of Commerce and the importance is to have conversations
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about what is currently happening and things to look forward to in the future. Also, discuss
what some of the challenges are for the business community such as sewer hook-up not
being available. He gave a shout out to Wes Crile where staff completed the Youth Flag
Football League this weekend which has been successful and gave credit to the Parks &
Recreation Department.
Commissioner Sosa stated he has an issue with the City, there was a public records
workshop not long ago training and he gave his experience with public records. He did
several public records request for the D.A.V.I.D. (Driver and Vehicle Information Database)
through the State of Florida, the response time was within 24 hours and the cost was zero.
Some of the requests were simple answers to questions and some were requests for 20-30
pages of documents. On June 11th he submitted a public records request that went to each
of the Commissioners, on July 13th he went to the Acting City Manager for an update on his
request and received nothing. He cannot blame the City Clerk's Office for not being
responsive because staff did not have all the documentation and were waiting on
Commissioners to respond to them. Response time does not mean two months later,
however, there is time to gather the documents but, he finally got the bulk of the documents
on August 10th, two months later. As of today, the request still was not complete because all
of the Commissioners had an email that should have been in that request that did not come.
When talking to the manager he printed out the email to complete the request, however, he
does not know how anyone ever responded to the email because there was no
documentation on it. His confidence moving forward on public records with the City is very
low and he does not have confidence that he is going to get everything he wants or needs.
He believes the Acting City Manager is going to look at and address it. Another issue is
when he did not get the records a week ago he sent the manager a request to have the City
Clerk forward to him all the messages she sent to the Commissioners and to get the
responses back but, instead of getting the emails he received a bill for $14 to get them and
he cannot justify that. This is something the Acting City Manager needs to look into. He
thanked everyone for coming out to his last Town Hall meeting.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 8:20 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Herzberg
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Monday, August 16, 2021 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Sosa.
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 March 15, 2021, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: March 15, 2021 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Certificate of Recognition - Summer Intern Program
Background: Certificate of Recognition to the following students who participated in
the summer intern program from June 7-June 31, 2021. City of Deltona
Parks & Recreation Department -Thomas D. Belton, Jr., Angelina
Kinard, Travis Jackson and Taji Williams who participated with the day
to day operations of a fully functional recreation center including; daily
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maintenance of the grounds; assisting in the summer food program;
developing customer service skills interacting with park user groups in
person and on the phone.
Halifax Hospital - Kirsten Jn Baptiste, Ellis Santos, Derek Gomez and
Shanae Brown for their participation in the daily checking of supplies,
assisting in the reception area(s) and helping the cafeteria staff.
Advent Health Fish Memorial - Joseph Troche and Marquisia
Quarterman for their participation helping in their storage areas storage
area and assisting in the reception area.
B. COVID update by Rafael Ramirez, MBA, Marketing Development
Specialist-Physician & Corporate Relations.
Strategic Goal: Internal & External Communication
Background: As we all continue to read, hospital systems are dealing with record
numbers of COVID patients. While the statistics are very clear, over
90% of the positive patients are unvaccinated. Halifax Health would like
to continue to reach out to our communities with an encouraging
message to get vaccinated and take precautions.
OPTIONS:
1. N/A
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 04-2021, Amending Chapter 45 of the City
Code of Ordinances dealing with panhandling, at first reading - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety
Background: Chapter 45, Panhandling regulations have been part of the City Code
of Ordinances were adopted in 2015. Since 2015, there have been
legal challenges to other local government panhandling ordinances
related to constitutional rights including speech.
Therefore, in order to keep Chapter 45 as up to date as possible, Staff
has rewritten Chapter 45. The updated Chapter 45 language is
modeled after the City of Daytona Beach panhandling ordinance. City
Staff has been informed the City of Daytona Beach panhandling
ordinance is defensible and has been effective at managing
panhandling activities.
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In addition, based on conversations with the Volusia Sherriff’s Office
(VSO), Ordinance No. 04-2021, as proposed, can be enforced by the
VSO.
Proposed changes to Chapter 45 are included as part of attached
Ordinance No. 04-2021.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Do not approve the changes to Chapter 45.
Advantage:
a) Those on the social economic margin will continue to have
greater access to areas to ask motorist and others for
contributions.
Disadvantage:
a) Panhandling activity within the City could increase especially
at major intersections.
b) The safety of the general public and panhandlers would be
reduced.
2. Approve the changes to Chapter 45.
Advantages:
a) Panhandling will be limited especially along major roadway
thoroughfares.
b) Other public places like parks will be off limits to
panhandling.
c) Any panhandling likely to occur within the City will be safer for
both the general public and panhandlers.
d) The updated language is more legally defensible.
Disadvantage:
a) Those on the social economic margin will have less access
to areas to ask motorist and others for contributions.
Attachments: Panhandling Ordinance
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Consideration of one appointment from Mayor Herzberg to the Planning and
Zoning Board for the remainder of a term to expire on March 15, 2022 - Joyce
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Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: Mayor Herzberg’s appointment, Michael Putkowski resigned on May
19, 2021. The appointment will serve for the remainder of a term to
expire on March 15, 2022.
The City has run press releases, posted the opening on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Alternate Manny Rodriquez,
Tyran Basil, Thomas Burbank, Gino Hanco, Adam Kemmerling and
Lyman Wescott.
OPTIONS:
1. Appoint one of the applicants as a member to the board.
2. Decline all applicants and re-advertise for the board.
Attachments: P&Z Code of Ordinances
Planning and Zoning Member List
Alternate Manny Rodriquez
Applicant Tyran Basil
Applicant Thomas Burbank
Applicant Gino Hanco
Applicant Adam Kemmerling
Applicant Lyman Wescott
B. Request for approval of Resolution No. 2021-47, Approval of technical changes
and amendments to the City of Deltona Local Housing Assistance Plan (LHAP)
- Ron A. Paradise, Director Planning and Development Services (386)
878-8610.
Strategic Goal: Fiscal Issues - Administer grants.
Background: The Local Housing Assistance Plan (LHAP) is a planning document
illustrating how the City implements the Florida Housing Finance
Corporations (FHFC) State Housing Initiatives Partnership (SHIP)
program. The LHAP outlines housing strategies the City may
undertake over a triennial period. In the past, Purchase Assistance
(first time home buyers assistance) and Owner-Occupied Rehabilitation
Assistance have been the two main strategies most often applied
within the City of Deltona.
Due to the changes in the real estate market and in light of the program
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rules associated with program set asides (earmarking certain
percentages of grant allocations for certain user groups), City staff is
proposing changes to the current Purchase Assistance and
Owner-Occupied Rehabilitation strategies.
Staff is proposing the following amendments:
1. Staff proposes increasing the down payment assistance
amounts within the Purchase Assistance strategy to respond to
upward trending home sale prices, which are indicative of the
current real estate market. The existing and proposed down
payment amounts, which are linked to income levels, can be
found under Exhibit A attached to this document. Exhibit A
represents changes to the applicable section of the LHAP
related to down payment assistance. For example, the maximum
down payment assistance for very low income households is
proposed to be increased from $20,000.00 to $50,000.00. As
stated, the rationale for the increase in down payment
assistance is to ensure low income households can still
participate in homeownership in light of rising home
prices/values. For information on assistance amounts see the
attached table relating to assistance eligibility related to
household size and income.
2. Staff also proposes changes to the Owner-Occupied
Rehabilitation strategy. The current Owner-Occupied
Rehabilitation strategy requires that the homeowner place a soft
second mortgage upon completion of rehabilitation work
performed on their property. The soft second mortgage does not
need to be paid back by the household - unless the house is
refinanced, sold or transferred through will, probate, etc. In
addition, soft second mortgages do sunset/are forgiven after a
period of 15 years. The goal of the soft second mortgage is to
ensure what is commonly referred to in the community
development lexicon as ‘continued affordability’. The idea of
‘continued affordability’ is the soft second mortgage will
encourage people to stay in their homes for longer periods of
time and discourage questionable activities like refinancing
which could lead to losing a house through foreclosure.
In the past, staff has interacted with several Deltona
homeowners that have been interested in the program but are
hesitant to place the soft second mortgage on their properties.
This is especially acute when dealing with elderly homeowners.
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Elderly households tend to be more financially conservative and
worry about passing along assets to the next generation.
Therefore, to improve rehabilitation assistance opportunities,
staff is suggesting providing a “grant” option, instead of a soft
second mortgage/lien. However, the allowance for a grant will be
conditioned on the following:
a) The grant will be allowed for roof replacement only. With
regard to home maintenance, a roof without integrity will
eventually result in a cascading chain of events that could
result in major structural issues. In addition, leaking roofs can
create unhealthy situations like mold.
b) The grant will be limited up to $15,000.00. Most current roof
replacement jobs within the City using architectural shingles
have a value of less than $15,000.00. However, since the
cost of a roofing job could exceed $15,000.00 as decking
and rafters are exposed, grant applicants will be required to
pledge to a lien being placed on their property if the costs
exceed $15,000.00.
c) Only extremely low income and low income households will
be eligible for the grant. The limitation of grant availability to
extremely low and very low income households will help the
City achieve State required set-asides for such income
groups. Finally, based on Community Development
experience with income qualification, many of the extremely
low and very low income households tend to be elderly.
d) Larger scale rehabilitation projects, which may include roof
replacement, cannot use the roof grant to offset soft
second/lien amounts associated with the ‘continued
affordability’ goal of the SHIP program.
City staff has informed the Florida Housing Finance Corporation
(FHFC) of the proposed increase of down payment assistance and the
$15,000.00 owner-occupied rehabilitation grant for roof replacement.
The FHFC has informed City staff there is no objection to the increased
down payment award amounts. However, the FHFC has indicated in
the future there may be objections to the owner occupied $15,000.00
grant award when the LHAP is scheduled for a three year update. The
FHFC is concerned about implementing the goal of ‘continued
affordability’. The three year LHAP update will occur by June of 2022.
The FHFC informed City staff that it would be acceptable to allow the
$15,000.00 owner occupied repair grant from August of 2021 to June
of 2022 to facilitate the City achieving timeliness and set aside goals.
The proposed increase in purchase assistance will also expire when
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the present LAHP is updated. Both the owner occupied rehabilitation
increases and the proposed owner occupied $15,000 grant will be
reevaluated as part of the upcoming three year LHAP update.
Alternatives
Alternative 1- Approve the changes as presented.
Advantages:
a) Staff will have an expanded opportunity to expend SHIP funds in
a timely manner and ensure future funding.
b) More households will be given an opportunity for
homeownership in light of higher home prices.
c) More prospective home owners may be able to take advantage
of low interest rates.
d) Staff will be able to more readily implement set aside
requirements for extremely low and very low income households.
Disadvantages:
a) The ‘continued affordability’ goal regarding the $15,000.00 grant
will not be implemented.
b) Increasing down payment amounts during a real estate market
high could unduly be a burden on some homeowners if home
prices drop.
c) Interest rates may increase, thus putting homeownership
outreach for some households.
Alternative 2 - Maintain the current amounts of Down Payment
Assistance and not approve the $15,000.00 grant for owner occupied
roof repair.
Advantages:
a) Continued affordability will be maintained, and the City will be
able to more fully recapture grant funds if properties are
transferred and/or refinanced.
b) Some households may not be encouraged to participate in
unsustainable homeownership associated with a drop in real
estate values.
Disadvantages:
a) Staff may not meet the set-aside for extremely low, very low and
low income households under the DPA or Owner Occupied
Rehabilitation LHAP strategies.
b) Some homeowners will continue to engage in deferred roof
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maintenance to avoid encumbering their properties with a soft
second mortgage/lien.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
Attachments: LHAP - Purchase Assistance Strategy
LHAP- Owner Occupied Rehabilitation Strategy-Revisions
Resolution 2021-47
2021 Maximum Income Limits
LHAP for Commission
C. Request for approval to change Code Compliance Special Magistrate Hearing
Schedule from a 5:30 pm start to a 12:30 pm start time - Ron A. Paradise,
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety
Background: The Special Magistrate Hearing process was part of a Code
Compliance Department review to update practices with the intent of
improving Department effectiveness and efficiency.
City Code Compliance has been holding the monthly Special
Magistrate Hearings on the fourth Wednesday of each month starting at
5:30pm. These meetings routinely last approximately ninety (90)
minutes.
The purpose of this request is for Commission approval to change the
hearing time of the Special Magistrate meetings from 5:30 p.m. to
12:30 p.m. The scheduled hearings would continue to take place on the
fourth Wednesday of the month.
Overtime associated with evening Special Magistrate hearings results
in 12 to 15 hours a month. The Code Compliance shift structure, which
provides for twelve hour per day coverage, seven days per week,
includes a window of shift overlap on Wednesday afternoons which
could accommodate non overtime officer participation in an afternoon
meeting. Therefore, changing the hearing time will constitute an annual
savings of approximately $5,000 in paid overtime to code compliance
officers.
City staff did review nearby local government Special Magistrate or
Code Board meeting schedules. The prevailing trend in neighboring
local governments is code compliance hearings occur during normal
business hours. For more information see the following table:
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City Time
Deland 5 p.m.
Orange City 2 p.m.
Port Orange 9 a.m.
Ponce Inlet 9:30 a.m.
Daytona Beach 9 a.m.
Debary 6 p.m.
Palm Coast 10 a.m.
Volusia County 9 a.m.
Seminole County 1:30 p.m.
Finally, the schedule change, while saving the taxpayer money, could
also benefit those with Code Compliance notice of violations. For
example, those engaging legal representation would have their attorney
appear during the business day rather than having to pay a premium for
after-hours work
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Deny the request to change the Magistrate Hearing times from
5:30 pm to 12:30 pm.
Advantages:
a) Keep status quo by attempting to provide a level of
convenience for those wishing to have notice of violations
adjudicated.
Disadvantages:
a) The evening meeting time for the Special Magistrate would
continue to create a paid overtime status for off-shift Code
Compliance officers as well as several city officials who
could called to testify i.e. building officials, Fire Marshall,
zoning officials, etc. Basically, the citizens will continue to
provide a greater level of subsidy for notice of violation
recipients.
2. Approve the request to change the Magistrate Hearing times
from 5:30 pm to 12:30 pm.
Advantages:
a) The City would realize a cost savings due to less overtime
being utilized.
b) The City would be accommodating some notice of violation
recipients by conducting these hearings during normal
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business hours.
c) The taxpayers at large would be less burdened subsidizing
the Special Magistrate hearing process.
Disadvantages:
a) The City would continue to pay overtime funds for employees
to attend the hearings and the process would continue to be
more of a taxpayer burden than necessary.
b) Some notice of violation recipients would be inconvenienced
by having to appear during normal work hours.
D. Discussion regarding an important update and notification of upcoming action
and deadlines for voting on the Mallinckrodt plc bankruptcy Plan (Mallinckrodt
Plan) - City Attorney Skip Fowler, Legal Department (386) 878-8872.
Strategic Goal: Internal & External Communications
Background: This is an important update and notification of upcoming required
action and deadlines for voting on the Mallinckrodt plc bankruptcy Plan
(Mallinckrodt Plan).
Mallinckrodt is a manufacturer of opioid-pain medication, and was
among the Defendants named in the complaint Attorney Szerdi filed on
the City’s behalf. Mallinckrodt has now sought bankruptcy protection
under Chapter 11 of the Bankruptcy Code, as a result of opioid
litigation liabilities and other debt obligations.
The proposed plan will result in a restructuring of the Debtor’s business,
and the establishment of a trust (referred to in the Plan and the
Disclosure Statement as the Opioid MDT II) to be funded with
approximately $1.6 billion in cash (paid over seven years) and certain
non-cash assets, including warrants, insurance rights and certain
estate causes of action, that will serve as the source of recovery to all
Opioid Claimants. These funds will be divided among various trusts,
including governmental claims, hospital claims, third party payer claims,
and personal injury claims.
OPTIONS:
1. Recommending to accept which is consistent with the
recommendation in the letter from Jamey Szerdi our attorney in the
case.
Attachments: Mallinckrodt Plan
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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. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. However, individual Commissioners may wish to respond under their
"City Commission Comments". 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)
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification. 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.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent Agenda
and considered separately. All other matters included under the Consent Agenda will
be approved by one motion. Citizens with concerns should address those concerns
by filling out a public participation slip and giving it to the Deputy City Clerk prior to
Consent Agenda items being pulled.
A. Determination by the City Commission to allow an on-site advanced wastewater
treatment and disposal system in lieu of a central sewer connection at 988
Elkcam Blvd. for a proposed redevelopment plan to accommodate a daycare. -
Ron A. Paradise, Director, Planning and Development Services (386)
878-8610.
Strategic Goal: Infrastructure - utilities
Background: For many years the site at 988 Elkcam Blvd. was used as a house of
worship. However, the property was recently purchased by Trinity
Assembly of God to accommodate a standalone daycare use. The
intent is Trinity would transfer the existing daycare operation from the
campus located at 875 Elkcam Blvd. to 988 Elkcam Blvd. The daycare
will be processed as a Conditional Use which will be heard by the City
Commission at a later date.
The redevelopment of the 988 Elkcam site involves the conversion of
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the property from a house of worship use to a daycare facility use. The
daycare facility use does require some modification to the site
including rearrangement of the parking area and the demarcation of
internal circulation. These parameters trip the threshold for site plan
review. Therefore, according to the following provision of the
Comprehensive Plan, the daycare repurposing of the site would need
to be served by central sewer unless otherwise determined:
Policy I2-SS1.5
Deltona is serviced by centralized utilities including sanitary sewer. The
City has an interest in protecting environmental resources and the
public health, safety and welfare of its citizens as well as maximizing the
investment in sanitary sewer infrastructure. Therefore the requirement to
connect to centralized sewer system and the use of individual septic
tanks are subject to the following criteria:
1. For existing, legally subdivided or platted lots that are eligible for
building permit issuance, zoned or used for single family residential use
where there are no suitable sewer facilities immediately available, a
septic tank may be used consistent with applicable regulations. A
suitable sewer facility shall be a gravity sewer system. Immediately
available means adjacent to the property boundary.
2. New lots created consistent with the City exempt subdivision
regulations (no more than four lots) zoned and used for residential
purposes, may use septic tanks, if a suitable sewer facility is not
immediately available. A suitable sewer facility shall be a gravity sewer
system. Immediately available means adjacent to the property
boundary.
3. New residential or non-residential subdivisions involving the creation
of a plat shall be served by centralized sewer system.
4. Projects involving site plan review consistent with City Land
Development regulations shall be served by a centralized sewer
system.
5. Notwithstanding sections 2-4 above, if the requirement to connect to
a centralized sewer system creates a situation where the connection
burden imposed is out of proportion to the benefits of maintaining
and/or enhancing the wastewater system, an applicant may request a
determination from the Development Review Committee (DRC)
regarding the appropriateness of connecting. The Public Works
Department shall submit a written recommendation to the DRC
regarding the request. The DRC determination shall be subject to the
following guidelines:
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a. The impact on present and future sewer infrastructure and related
operations;
b. Reasonableness of the request in light of present and future service
capacity and obligations;
c. Decisions shall not be based solely on an economic hardship
claimed by an applicant;
d. Whether the circumstances warrant a cost sharing agreement for
service expansion or other arrangement beneficial to the City; and
e. Other technical requirements as applicable.
A request to review the possibility to use an on-site treatment and
disposal system (OSTDS) was submitted by the applicant to the City
Development Review Committee (DRC) consistent with subsection 5 of
above Policy I2-SS1.5. As per the policy, Public Works did issue a
report and recommendation to the DRC. The report found central sewer
is not available with the nearest sewer line being located about 2 miles
to the east at the intersection of Elkcam Blvd. and Providence Blvd. As
part of request, the applicant proposed to use an advanced treatment,
aerobic, on-site wastewater management system. In addition, staff
indicated the installation of infrastructure to ensure a quick and
seamless connection to a central system when such service becomes
immediately available would be appropriate.
On July 19, 2021, the DRC determined the use of an on-site treatment
and disposal system at 988 Elkcam Blvd. should be decided by the
City Commission with a recommendation the on-site treatment and
disposal system be approved subject to the following conditions:
1) The on-site treatment disposal system shall be an advanced,
aerobic design and type;
2) The applicant/owner shall install on-site infrastructure to facilitate
seamless connection to a central system when available; and
3) The applicant, current owner, or any future owner shall connect at
the request of the City when a central sewer system becomes
immediately available.
For more information see the attached DRC staff report.
The Acting City Manager has the authority to make corrections
of scrivener’s errors and the like.
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OPTIONS:
1. Deny the request to use an advanced, aerobic system.
Advantages:
a) The house of worship property, at the present square
footage, use would remain the most probable use.
Disadvantages:
a) Denial would preclude redevelopment options on the
property.
b) The use of a non-advanced treatment septic system would
be inconsistent with the Blue Springs basin protection
regulations regarding nutrient reduction goals.
2. Approve the request to allow an on-site sewage treatment and
disposal system subject to the following parameters and
conditions:
a. The use of an aerobic on-site treatment and disposal
system would allow a level of
development/redevelopment to occur on the property;
b. The high wastewater treatment standards afforded
by the planned aerobic OSTDS is consistent with
City environmental protection goals and will result in
less nutrient loading. Less nutrient loading will in turn
help safeguard the Blue Spring basin; and
c. The installation of a central sewer connection will
allow for a more ready connection with a central
system when available and there would be a
requirement of the landowner of the property to
connect to the central system when immediately
available.
Advantages:
a) Redevelopment and repurposing of the property can occur
besides a house of worship of the property can occur.
b) The interim use of an aerobic, advanced treatment system is
consistent with the Blue Springs basin protection regulations
and is a more ecologically appropriate method of managing
on site waste water flow.
c) The installation of on-site infrastructure and a commitment to
connect to central sewer when immediately available will
ensure a City return on infrastructure investment.
Disadvantages:
a) The allowance of on-site treatment disposal systems, even
advanced treatment units, could militate against the expansion
of central sewer service.
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Attachments: 988 Elkcam Boulevard DRC Report
B. Request approval of the Task Authorization with Tetra Tech for the design,
permitting and pre-construction bidding services for the Clear Lake and Lake
Baton Stormwater Pump Station Upgrades, in accordance with their Agreement
with the City of Deltona and RFQ# PW 2020-08 for Continuing On-Call
Stormwater Engineering Services in the amount of $234,890. - Steven
Danskine, Public Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure
Background: Keeping surface waters levels in Clear Lake from reaching critical
elevations has been a challenge for the City. During periods of chronic
rainfall or major storms (i.e. hurricanes and tropical storms) the water
levels in Clear Lake elevate above warning levels requiring preemptive
pumping. The City has also had to obtain several emergency
authorizations from the St. Johns River Water Management District to
allow flood water to be pumped to Lake Lapanocia due to limitations of
sending more water downstream to Lake Baton, Tivoli Lake.
The City is proposing alternatives to allow preemptive drawdown of
Clear Lake, as needed, near the onset of the impacts of a pending
major storm. This project will also include an analysis of connecting a
forcemain from Clear Lake to the future Saxon Boulevard stormwater
forcemain that will extend to the Alexander Avenue Water Resource
Facility. This will provide a secondary discharge option for Clear Lake
that will help to limit the quantity of surface water discharged into the
existing receiving lake systems (Baton, Tivoli, and McGarity).
Tetra Tech is proposing to conduct the services under this scope in a
two-phased approach. First, a preliminary engineering report will be
completed to establish the feasibility of getting this project permitted
with the St. Johns River Water Management District (SJRWMD). It will
include hydrologic and hydraulic modeling, an in-depth alternatives
analysis, engineer’s opinion of probable construction costs,
recommendations, and a preapplication meeting with the SJRWMD.
This project is eligible for CDBG funding to assist the City with costs for
engineering design, permitting, and construction services.
OPTIONS:
1. Approve - Proceed with the project and make necessary
improvements to Clear Lake and Lake Baton stormwater pump
stations.
2. Deny - Delay or abandon projects in favor of other needed
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stormwater improvements.
Attachments: Fully Executed Agreement-Tetra Tech, RFQ# PW 2020-08
Scope_Clear and Baton Lake PS - FM_Combined PDF_2021-7-28
C. Request to transfer $250,000 from City reserves to Code Compliance (196),
unsafe conditions abatements, as part of Budget Year 2021-2022 - Ron A.
Paradise, Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Public Safety - City beautification.
Background: City Code Compliance has been involved in property abatement
activities for many years. Abatement actions include yard mowing,
debris removal, securing unsafe pools, restoration of City right of ways,
etc. The City also has the ability to remove dilapidated/unsafe homes
and non-residential commercial and institutional buildings.
From a procedural and due process standpoint, all land owners are
notified and given a timeframe to remediate the situation and come into
compliance before the City abates a property.
In an effort to more proactively address outstanding code matters,
including addressing unsafe conditions, neighborhood blight and
clearing accumulations of debris, the City is preparing to increase
property abatement as per the City Code of Ordinances. As has been
stated, abatement procedures involve notification and due process.
However, the actual abatement work is performed by contractors hired
by the City. These contractors provide yard maintenance, hauling,
demolition, and related services. In order to implement abatement
actions, contractor invoices will need to be paid up front before the City
can recoup costs through tax liens. To recapture the costs of
abatement, the City has the ability to levy a non-ad valorem tax
assessment on the property which will eventually appear on the tax bill
for the property.
The non-ad valorem tax assessment works as follows: If the tax
assessment option were to be initiated, an assessment would need to
be approved by the City via a resolution at a public hearing in March of
2022. This time would allow the property owner to pay cost or appeal
the assessment. If the assessment is approved by the City Commission
it will appear on the 2022 tax bill. Under this process, the City has to
submit the request to the County to add the assessment to the tax bill by
July for the non-ad valorem tax assessment role.
To be eligible for the tax assessment recapture option, the City
abatement activities must accumulate more than $1,500.00 in work. In
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most cases, abatement costs far exceed the $1,500.00 minimum
standard. Based on the timing of tax role formulation, tax payments, and
the tax certificate/tax deed process, it may take two years or more for
the City to be repaid. The other option would be for the City Special
Magistrate to levy a fine which if not paid would result in a lien being
placed on the property. In the case of a homesteaded property, the City
cannot initiate a foreclosure process and the City may not be
reimbursed in any reasonable time and more importantly the code
violation would probably remain in noncompliance.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Deny the request to add $250,000 from reserves for Code
Compliance abatement activities
Advantages:
a) The City will not be fronting money for abatement with an
uncertain timeframe for repayment.
Disadvantages:
a) The City will be limited in the ability to address health, safety and
welfare in a timely manner. In some cases this will increase
City liability exposure.
2. Approve the request to add $250,000 from reserves for Code
Compliance abatement activities
Advantages:
a) The City will be able to address and remediate Code
Compliance matters faster compared to relying on a landowner
to address the compliance issue.
b) In some cases the City will limit liability exposure.
c) Repayment of City funds to effectuate compliance is more
certain compared to placing a governmental lien on a property.
Disadvantages:
a) The City reserves will be slightly lessened.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
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16. 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 3 business days in
advance of the meeting date and time at (386) 878-8500.
City of Deltona Page 18 Printed on 8/11/2021
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