The Mayor asked the City Attorney to redo the motion. The City Attorney stated so his
understanding of the motion is that the motion is to read, reject the bids with direction to
staff to move forward on a modified scope with CRI utilizing the $500,000 budget as the
cap and concentrating on the financial and operational concerns discussed during this
hearing tonight and it will come back for a final vote.
Commissioner Howington stated she would keep it a little bit more broad in just saying the
scope, because just saying procedure might not encompass everything and she would like
to get with the Finance Director and possibly talk through some scenarios.
The motion carried by the following vote:
For: 5 -
Vice Mayor Avila-Vazquez, Commissioner Colwell,
Commissioner Heriot, Commissioner Howington, and
Commissioner Nabicht
Against: 2 - Mayor Avila, and Commissioner Santiago
10. CITY ATTORNEY COMMENTS:
A.
Update on Damian Anson, et al., vs. City of Deltona
The City Attorney stated just a few things the first one is good news. In the Anson stone
Island case that has been pending for a while, we have had a lot of meetings about this and
as you know, we have filed a motion for summary judgment and we prevailed. The case is
closed. Now, there is one final issue we are asking for the Commission to consider and get
a consensus which is whether the Commission is willing to accept the proposal by the
plaintiffs, and she recommends the Commission does. They have proposed that the City
waives its right to seek attorney fees in exchange for them waving their right to bring an
appeal. Partly because this is a large group of individual homeowners, and even though she
believes the City would prevail on its attorney's fees, collection is going to be onerous,
costly, time-consuming and potentially futile. Again, her recommendation is that the City
agree to waiving its right to attorney fees in exchange for them waving their right to file an
appeal. She is asking for a consensus of the Commission and the Commission concurred.
B.
Development Moratorium, Howland Holdings Group LLC.
The City Attorney stated the next item is with respect to the development moratorium. As
the Commission knows, the Commission passed this moratorium, and it is set to expire in
March. The City did receive a letter dated November 4th from JC Wilson and Associates
Law Firm representing Howland Holdings Group, LLC. In this letter, which was provided as
an exhibit, they have raised the position that they believe the moratorium is in violation of
Senate Bill 180 (SB180). This item is to seek Commission direction and determine if the
Commission wants to take action.
The Commission and City Attorney discussed whether there is a lawsuit, the moratorium
violating SB180, that actions taken would likely prevail, statutorily required safe harbor
letter, withdrawing the moratorium, response time after suit is filed, the Commission
notification time, possibly calling a special meeting, two separate projects, existing property
exemption, the application process, providing for waivers and the time frame, possible