City Commission Workshop
Regular MeetingDeltona, FL · January 13, 2020
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission Workshop
Monday, January 13, 2020 5:30 PM 2nd Floor Conference Room
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 8 - Commissioner Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner Nabicht
Vice Mayor Ramos
Mayor Herzberg
City Manager Shang
City Attorney
Absent: 1 - Commissioner McFall
3. PLEDGE TO THE FLAG:
Mayor Herzberg led everyone in the pledge to the flag.
4. BUSINESS:
A. Discussion of fertilizer ordinance comparison between the City of Deltona
and Volusia County. Ryan Reckley, Director, Parks and Recreation
Department, 386-878-8902.
Parks and Recreation Director Ryan Reckley spoke about the City of Deltona and Volusia
County’s fertilizer ordinance. The ordinances are similar but, there are a few changes he
would like to see made to Deltona’s ordinance. He would like to incorporate some of the
county's more detailed language into the City's ordinance as well as some of the
exemptions such as “active space” for future use, and that Deltona’s ordinance does not
have any bite to it in regards to violations and he has no problem adopting Volusia County’s
penalties.
Commissioner McFall arrived at the meeting at 5:36 p.m.
The Commission and staff discussed who would be responsible for the fine, how to enforce
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City Commission Workshop Minutes January 13, 2020
the ordinance/collect the fine, stopping the sale of prohibited fertilizers at the local level, the
reasons the county asked Deltona to look at the fertilizer ordinance, applying Volusia
County’s fertilizer ordinance to Deltona, types of exemptions to fertilizer ordinances and the
consequences of using the wrong fertilizers.
Public Works/Deltona Water Director John Peters suggested adopting Volusia County’s
fertilizer ordinance and in Deltona’s ordinance, the stormwater section, to put a restriction
that fertilizer may not be applied within 10 feet of water ways.
After discussion, the Commission concurred to adopt Volusia County’s fertilizer
ordinance and add to the storm water section the restriction that fertilizer may
not be applied within 10 feet of water ways.
The Commission and staff continued discussing adopting the County’s fertilizer ordinance
and eliminating Deltona’s ordinance and have Mr. Reckley and Mr. Peters are to work
together on it.
Mr. Peters stated that the Commission has to rescind Deltona’s fertilizer ordinance and
replace it with the stormwater changes and adopt Volusia County’s fertilizer ordinance.
Commissioner Bradford confirmed that the Commission cannot suspend the Deltona
ordinance until Volusia County’s ordinance is adopted by Deltona and Mayor Herzberg
replied yes.
Mayor Herzberg opened public comments.
Jim Pescha, 1120 West Old Mill Drive, Deltona, spoke about doing the right thing regarding
the fertilizer ordinance.
Mayor Herzberg closed public comments.
B. Code Enforcement Updates. Dr. Marc Cooper, Deputy City Manager, (386)
878-8850.
Strategic Goals: Internal/External Communications
Deputy City Manager Dr. Cooper spoke about Code Enforcement, explaining the main
goals, the duties, the department's focus and staffing.
Mayor Herzberg asked if the City used to have 15 officers on staff and City Manager Shang
replied two positions were eliminated.
The Commission and staff discussed Code Enforcement staffing and the hours/shifts on
duty.
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Dr. Cooper spoke about investigations, preparing for/working with Special Magistrate.
Commissioner Nabicht asked if Code Enforcement has a manual that explains step by step
how to prepare a case that is going before the Special Magistrate and Dr. Cooper replied
that the department is in the process of creating a training manual.
Commissioner Bradford asked the department’s preference for handling code cases, a
board or Special Magistrate and Code Enforcement Supervisor Richard Lovett replied
Special Magistrate. Mayor Herzberg asked why and Mr. Lovett replied time and
consistency.
Commissioner Avila-Vazquez asked if the officers come back to the office daily to update
their cases/reports and Dr. Cooper replied once a case is opened, every time the officer
checks on that case the information is entered into the system date and time stamped, but it
is not daily.
The Commission and staff discussed duties performed by the officers, the Special
Magistrate process, Code Enforcement statistics, the permit process, compliance, what
Code Enforcement officers have to contend with, the number of cases Code Enforcement
would have if they were more proactive, cases worked that do not belong to the City, solid
waste cases, abatements, notification of evictions, the new reporting system, parking,
overtime for Code Enforcement officers, budgeting for more officers and commercial
properties.
Commissioner King stated the RPUD (Residential Planned Unit Development) is coming
up and he has spoken twice to the residents who have spent a lot of time researching and
presented him with their findings. Some of the information has been emailed to the
Commission already and he hopes the Commission takes the time to look at the
information before the next meeting.
City Manager Shang asked the Deputy City Clerk Elizabeth Keys to make copies of the
new information and distribute it to the Commission. She also advised Commissioner King
that he will have to make a statement about ex-parte communication and Commissioner
King replied I know.
5. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on
the agenda and shall not exceed two minutes. 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.
6. CITY MANAGER COMMENTS:
None.
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7. ADJOURNMENT:
There being no further business, the meeting adjourned at 7:13 p.m.
______________________________
Elizabeth Keys, Deputy City Clerk
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission Workshop
Mayor Heidi K. Herzberg
Vice Mayor Victor M. Ramos
Commissioner Maritza Avila-Vazquez
Commissioner Anita Bradford
Commissioner Loren King
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Monday, January 13, 2020 5:30 PM 2nd Floor Conference Room
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. PLEDGE TO THE FLAG:
4. BUSINESS:
A. Discussion of fertilizer ordinance comparison between the City of Deltona and
Volusia County. Ryan Reckley, Director, Parks and Recreation Department,
386-878-8902.
Background: The City of Deltona is working diligently to adopt consistent practices
and methods of the Volusia County fertilizer ordinance. The City
reserves the right to expand upon the exemptions in the Volusia County
ordinance ban for athletic fields and recreation common areas. The
current ordinances are very similar as they stand.
Attachments: Code of Ordinance- Volusia County
Fertilizer Code with Volusia Ryan Additions
Ordinance Template Fertilizer Code with Volusia Ryan Additions
B. Code Enforcement Updates. Dr. Marc Cooper, Deputy City Manager, (386)
878-8850.
Strategic Goals: Internal/External Communications
Background: Update on operations and goals of the City of Deltona’s Code
Enforcement Division.
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City Commission Workshop Agenda January 13, 2020
5. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items
on the agenda and shall not exceed two minutes. 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.
6. CITY MANAGER COMMENTS:
7. 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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