City Commission
Regular MeetingDeltona, FL · August 3, 2015
Minutes
City of Deltona 2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 3, 2015 5:30 PM 2nd Floor Conference Room
CITY MANAGER'S AGENDA REVIEW MEETING
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Masiarczyk.
2. ROLL CALL – CITY CLERK:
Present: 6 - Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Brian Soukup
Vice Mayor Nancy Schleicher
Mayor John C. Masiarczyk Sr.
Excused: 1 - Commissioner Diane J. Smith
3. INVOCATION AND PLEDGE TO THE FLAG:
The pledge to the flag was led by Mayor Masiarczyk.
Commissioner Soukup arrived at the meeting at 5:31 p.m.
A. Silent Invocation Presented by Mayor Masiarczyk.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting of July 20, 2015 and
Regular Commission Meetings of July 20, 2015 - Joyce Raftery, City Clerk
(386) 878-8502.
None.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
None.
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6. CITY COMMISSION SPECIAL REPORTS:
None.
7. PUBLIC FORUM:
None.
CONSENT AGENDA: All items marked with an * will be considered by one motion
unless removed from the Consent Agenda by a member of the City Commission.
If an item is removed for clarification only, it will be discussed immediately
following action on the Consent Agenda. If an item is removed for further
discussion, it will be discussed under New Business immediately following the
last listed item.
8. CONSENT AGENDA:
A. Request for approval of Resolution No. 2015-31 and Budget Amendment for
FY 14/15 2015-33 and 2015-34 - Robert Clinger, Finance Director (386)
878-8552.
Ms. Shang stated as part of the budget presentation she had identified certain projects
that she would like to move forward on that were consistent with the Commission ’s goals
and requests she has heard from the community. She went over a list of projects and
she stated the only change she has made is she is asking for authorization to use her
discretion for little changes as long as she stays within the categories that are listed so
she would not need to keep coming back to the Commission for authorization. She gave
an example if the City does not do bougainvillea but, uses different plants or using funds
for a match for a Federal grant related to the same type of work to bring in more funding
sources. She stated also there is an issue with new legislation House Bill 41 (HB41) on
sidewalks where the City sidewalk program needs to be tied to the school program and
the condition of the roadways so the City program may need to be tweaked but, the City
would still devote funding to sidewalks.
Mayor Masiarczyk asked Ms. Shang if she would be letting the Commission know about
those modifications before the actual spending and what was the amount of money in
the excess budget money carryover. Ms. Shang replied the amount is $1,055,000 and
she plans to stay within the projects listed.
B. Request for approval of Resolution 2015-32 changing the meeting date for
the first budget hearing in September to September 9, 2015 at 5:30pm. -
Robert Clinger, Finance Department, (386) 878-8552
Ms. Shang stated there will be a resolution for this date change and that it had been
agreed upon to also hold the Regular Commission Meeting on the same date.
Mayor Masiarczyk asked since these resolutions are on the consent agenda will the
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resolutions need to be read and Mrs. Vose replied the resolution does not have to be
read but, it would need to be stated that there is a resolution which is done anyway.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2015, Fernanda Place Subdivision
Rezoning Application, RZ15-002, at first reading - Chris Bowley, Planning &
Development Services Department (386) 878-8602.
Ms. Shang stated this is going to be a residential planned development and there was a
recommendation by the Planning & Zoning Board that the streets in the development be
considered as private but, she has heard there are issues as to whether the streets are
public or private. She stated the roads are going to be built to City standards which are a
requirement.
The Commission discussed on Page 58 where it says small isolated wetland areas will
be filled in and if that would be a problem, the restructuring of that stormwater and if that
would impact the restructure path, if the developer would be taking care of any
mitigation, the benefit for keeping the streets private and not the City ’s, the level of
service regarding fire services, transportation, water and a wastewater treatment facility,
if there would be reclaimed lines put in, whether the subdivision will be on water and
sewer (City utilities) and whether a signal light would be needed.
Ms. Shang stated at some point the City’s inventory will increase and over time streets
deteriorate or need to be maintained and that would be an additional cost to the City ’s
budget. She stated the other side is that if the streets are private and the streets are not
maintained to the City’s standards and then the streets are turned over to the City, if the
City accepts them, there is a cost factor if the streets need to be brought up to the City ’s
standards.
Mayor Masiarczyk asked to clarify that the developer would have to build the stormwater
and streets to the City’s standards and Ms. Shang replied that is correct.
Commissioner Honaker asked if the motion would include an amendment in the
ordinance to include the streets because it was suggested that whoever makes the
motion include that the streets, stormwater and utilities be built to City standards upon
the finalized construction plans. Mr. Paradise stated typically when the City accepts the
plat those roads will be dedicated public.
B. Public Hearing - Ordinance No. 27-2015: Amending Sections 58-34 and
58-37 of the City of Deltona’s Code of Ordinances allowing for an 811 Report
to Release City Easement Abandonment, at first reading - Chris Bowley,
Planning & Development Services Department (386) 878-8602.
Ms. Shang stated this item is a public hearing in regards to allowing the Sunshine 811
Reports in lieu of a letter to the utility company to release City easements where there
are no utilities to expedite the process.
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The Commission discussed not being held hostage in the future should things change
and it becomes necessary to use the easements at a cost to the City, revising the
ordinance to add additional language such as a re-verter clause, not releasing the
easement if the City anticipates ever needing it, staff reviewing the 811 Report for any
future needs and this just being a basis upon which someone can apply for an
abandonment which comes to the Commission anyway.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
A. Consideration of appointment of seven (7) members to the Ordinance
Review Committee. - Joyce Raftery, City Clerk (386) 878-8502.
Commissioner Soukup stated he had an applicant from his district that came in late that
he would like to appoint and it was determined the application had not been received .
He stated he would find out before the Regular Commission Meeting but, it was
suggested he could delay the appointment to the next meeting.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
None.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 5:50 p.m.
_______________________________
Janet Day, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Mayor John C. Masiarczyk Sr.
Vice Mayor Nancy Schleicher
Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Diane J. Smith
Commissioner Brian Soukup
Monday, August 3, 2015 5:30 PM 2nd Floor Conference Room
CITY MANAGER'S AGENDA REVIEW MEETING
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Silent Invocation Presented by Mayor Masiarczyk.
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 - Special Commission Meeting of July 20, 2015 and Regular
Commission Meetings of July 20, 2015 - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery,
City Clerk (386) 878-8502.
Background: Quarterly Reports of City Advisory Boards/Committees:
1) Economic Development Advisory Board - Presented by
Chairperson, Tanya Boggs.
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2) Planning and Zoning Board - (Written Report Only)
3) Firefighter’s Pension Plan Board of Trustees - Presented by Plan
Administrator, Lisa Spriggs
6. CITY COMMISSION SPECIAL REPORTS:
7. PUBLIC FORUM:
CONSENT AGENDA: All items marked with an * will be considered by one motion
unless removed from the Consent Agenda by a member of the City Commission.
If an item is removed for clarification only, it will be discussed immediately
following action on the Consent Agenda. If an item is removed for further
discussion, it will be discussed under New Business immediately following the
last listed item.
8. CONSENT AGENDA:
A. Request for approval of Resolution No. 2015-31 and Budget Amendment for FY 14/15
2015-33 and 2015-34 - Robert Clinger, Finance Director (386) 878-8552.
Background: The General Fund is on track to have another year of surplus
budgeted funds. As discussed in the July 13, 2015 City Commission
Workshop, the City Manager would like to reallocate some of the
anticipated surplus in order to accomplish some significant projects
that have been discussed, but not budgeted, in the past. Staff is
presenting a Budget Amendment in order to formally allocate those
funds. This Budget Amendment will provide the City Manager with
the discretion to utilize the appropriated funds for the general
categories and concepts reflected in the document entitled
“Operating Budget,” while giving the City Manager the discretion to
revise the types of plants to be used, revise certain exact locations,
permit appropriate master planning, and permit funds to be used as
matching funds for grants, all as deemed in the best interests of the
city as determined by the City Manager.
B. Request for approval of Resolution 2015-32 changing the meeting date for the first
budget hearing in September to September 9, 2015 at 5:30pm. - Robert Clinger, Finance
Department, (386) 878-8552
Background: Each year the City schedules the date for the first public hearing to
consider the proposed millage rate for the upcoming budget. Initially
that date was set for September 8th, the Tuesday following the first
Monday because the first Monday will be a National Holiday.
Unfortunately, this year that date conflicts with the hearing for the
Volusia County School Board which is not allowed under State law.
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Accordingly the first hearing date has been rescheduled for
September 9th at 5:30 pm. The purpose of Resolution 2015-32 is to
formally reschedule that hearing date.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2015, Fernanda Place Subdivision Rezoning
Application, RZ15-002, at first reading - Chris Bowley, Planning & Development Services
Department (386) 878-8602.
Background: The property consists of two adjacent parcels - one is ±120 acres
and is generally west of Osteen Cemetery Road and the other parcel
is ±22 acres and is directly west of the ±120 acre site. None of the
property has direct frontage on Howland Boulevard. Osteen
Cemetery Road is a prescriptive right-of-way (ROW) to the south that
provides access through the subject property to an adjacent
cemetery to the east.
The subject property was annexed in 2005, as the Pender property.
In 2009, following ownership change, the City Future Land Use Map
for only the ±120 acre site was amended from Volusia County
designations to City Low Density Residential and Conservation with
a density cap established within the Policy FLU4-1.1 of the Future
Land Use Element. The Conservation overlay designation is ±60
acres, is memorialized on the City’s Future Land Use Map, and
primarily coincides with environmental sensitive areas on-site and
areas within the 100-year floodplain. During the Preliminary/Final
Plat process, the subdivision will be designed in keeping with the
Conservation overlay area.
In 2010, the ±120-acres were rezoned to Residential Planned Unit
Development (RPUD) for an update to the former Pender subdivision
with 240 single-family residential units. Access was approved for
direct connection to Howland Boulevard that complied with the
aforementioned density cap.
In 2014, following ownership change, an application was filed to add
the ±22-acres and to change the Future Land Use designation on
that parcel from Volusia County Agricultural Resource to City Low
Density Residential (LDR). The adopted Comprehensive Plan
Amendment with policy added, also followed the aforementioned
density cap of up to two units per acre and limited the number of
units on that tract to 45 units.
This proposal is to rezone both parcels to RPUD, as a unified project
called Fernanda Place. The RPUD rezoning request would
supersede the 2010 approved RPUD on the ±120 acre parcel and
result in rezoning the ±22 acre parcel from A-1, a Volusia County
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City Commission Agenda August 3, 2015
designation, to City zoning that is consistent with the recently applied
Low Density Residential City Land Use category. On July 15, 2015,
the Planning & Zoning Board heard the rezoning request listed in
Ordinance No. 05-2015 and recommended that the City Commission
adopt the ordinance, with the condition that the internal roadways
within the project remain privately owned and maintained, following
construction, since they are specific only to this project.
B. Public Hearing - Ordinance No. 27-2015: Amending Sections 58-34 and 58-37 of the
City of Deltona’s Code of Ordinances allowing for an 811 Report to Release City
Easement Abandonment, at first reading - Chris Bowley, Planning & Development
Services Department (386) 878-8602.
Background: The majority of the platted lots within the City of Deltona (City) are
single-family residential lots created from the Deltona Lakes Plat
(Plat). On the Plat, easements are established for drainage and
utility purposes. However, the majority of the easements are not
used for either purpose and, on occasion, proposed for vacation;
especially associated with lot combinations. During the vacation
process, there is a lengthy notification process for the potential utility
providers to provide a letter of release. Oftentimes, the requests for
the letters either goes unanswered or takes a great amount of time
to receive (whether or not there is no objection to the action).
To provide greater customer service for residents or applicants and
to ensure that no City easements are vacated that includes utilities,
the provision of the 811 report has the potential to be used in lieu of
receipt of the utility letters of release. If there are no utilities listed in
the required 811 report and the City does not need the easement,
then the 811 report verification will expedite the vacation process
and allow land owners to use their property, as proposed, sooner.
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Consideration of appointment of seven (7) members to the Ordinance Review
Committee. - Joyce Raftery, City Clerk (386) 878-8502.
Background: On July 6, 2015 the City Commission approved Ordinance No.
08-2015, creating “Ordinance Review Committee”.
The City has run press releases, posted the opening on D-TV, the
City’s web page and on bulletin boards. To date the City has
received applications from the following individuals: John Adams,
Joseph Cerrato, Charles Davidson, Aaron Diedrichs, Laurie English,
Sonjia Kihlmire, Curt Latham, Kelly Latham, Phillip Loranger, Melissa
Roberts, Rossana Sepulveda, Wayne Shinkle, Floyd David
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Smothers, Thomas Walsh and Jerald “Jerry” Yaris.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
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