City Commission
Regular MeetingDeltona, FL · August 17, 2015
Minutes
City of Deltona 2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 17, 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: 7 - Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Diane J. Smith
Commissioner Brian Soukup
Vice Mayor Nancy Schleicher
Mayor John C. Masiarczyk Sr.
3. INVOCATION AND PLEDGE TO THE FLAG:
The pledge to the flag was led by Mayor Masiarczyk.
A. Silent Invocation Presented by Commissioner Honaker.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of mintues - Regular Commission Meeting of August 3, 2015 -
Joyce Raftery, City Clerk (386) 878-8502.
None.
5. PRESENTATIONS/AWARDS/REPORTS:
None.
6. CITY COMMISSION SPECIAL REPORTS:
None.
7. PUBLIC FORUM: Citizen comments not on the agenda.
None.
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City Commission Minutes August 17, 2015
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. Consideration of Commissioner Soukup’s appointment to the Ordinance
Review Committee. - Joyce Raftery, City Clerk (386) 878-8502.
Ms. Shang asked if Melissa Roberts was Commissioner Soukup’s appointment to the
Ordinance Review Board and he replied “yes” he had spoken with Mrs. Roberts.
B. Request for approval of Interlocal Agreement for Groundwater Monitoring,
Modeling, and Related West Volusia Water Supply Plan Planning and
Implementation Services - Gerald Chancellor, Public Works Director
(386)878-8998.
Ms. Shang asked if there were any questions.
Mayor Masiarczyk referred to Page 3 of 8 and he asked if the agreement covered the
Del North only or does it cover all of S.W. Volusia. Mr. Chancellor replied it covers
everything that is pumped in S.W. Volusia and Del North.
C. Resolution No. 2015-27 adopting the 2015 Volusia County Mitigation
Strategy as approved by the Florida Division of Emergency Management
and FEMA.
Ms. Shang asked if there were any questions.
Mayor Masiarczyk asked Fire Chief Rhame if he was okay with everything and noted
that Deputy Fire Chief Rogers was still reflected as the City’s representative on one of
the handouts. Fire Chief Rhame stated Deputy Fire Chief Sievert is the City ’s
representative and the request to make that change has been made.
Ms. Shang asked if there were any questions on the list of strategies and there were
none.
D. Request for approval of Resolution No. 2015-33 and approval to establish
and adopt Title VI and Nondiscrimination Policy and Plan - Becky Vose, City
Attorney (407) 448-0111 (Cell).
Ms. Shang asked if there were any questions regarding the approval to establish and
adopting Title VI and Nondiscrimination Policy and Plan and there were none.
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9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2015, Fernanda Place Subdivision
Rezoning Application, RZ15-002, at second and final reading - Chris
Bowley, Planning & Development Services Department (386) 878-8602.
Ms. Shang asked if there were any questions.
Commissioner Honaker stated he read the ordinance and he emailed staff about the
stormwater being maintained by the Homeowners Association (HOA). He asked if it was
the stormwater retention ponds only and not the system that the HOA will be maintaining
and will the system be taken over when the City takes over the roads. Ms. Shang stated
a clarification can be made that the City wants the HOA to do the mowing around the
pond areas but, as far as the infrastructure the City will maintain that and that is very
common.
Mr. Chancellor explained the City would maintain the roads and the pipes up to the
discharge pipes.
Mayor Masiarczyk suggested beautification and maintenance would be the responsibility
of the HOA should be added to make sure there are no issues later.
Ms. Shang asked if the Commission wanted to bring that forward or have staff bring that
forward.
Commissioner Honaker stated he had a sample motion to approve making the rezoning
changes suggested in the development agreement by City staff to include but, not be
limited to streets and other applicable infrastructure that is dedicated to the City.
B. Resolution No. 2015-27 adopting the 2015 Volusia County Mitigation
Strategy as approved by the Florida Division of Emergency Management
and FEMA.
Ms. Shang asked if there were any questions and there were none.
Mayor Masiarczyk stated he had something he would like to bring up and he can do it
now or under comments at the regular meeting. He commented he had a call from
Pastor Ben Stillwell Hernandez from Pine Ridge Fellowship Church who has concerns
about the school opening with the construction in the area and that the people dropping
off the kids are not utilizing the parking lot and are parking on the rights -of-ways (ROW).
He stated when the people park on the ROW it tears up the sprinkler system and he had
asked if the Volusia County Sheriffs’ Office could possibly put some traffic cones there
the first few days of school.
Commissioner Soukup asked Mr. Chancellor how much longer Howland Blvd. would be
torn up like it is and Mr. Chancellor replied another year to 16 months.
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Mayor Masiarczyk stated he is also getting a lot of calls about the construction detour at
Saxon Blvd. and Providence Blvd. Mr. Chancellor stated the contractor will have that
intersection open probably Tuesday or Wednesday next week, however, Saxon Blvd .
itself may be closed for another few days while it is finished up.
Commissioner Smith asked Mayor Masiarczyk if he knew if Pastor Ben had called Mr .
Atkinson at the school. She stated Mr. Atkinson can do a direct call to every parent at
that school and she will call Mr. Atkinson.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
Ms. Shang stated during City Manager Comments at the Regular Commission Meeting
she will be asking for authorization to approve this year’s health insurance rates. She
stated the rates have been negotiated down from 34% to something in the nature of
12% - 14% but, that will mean a higher premium and a higher deductible.
Mayor Masiarczyk asked if that would be citywide and Ms. Shang replied “yes”.
Commissioner Honaker stated his only comment is back before he was a Commissioner
it was in the minutes where direction was given by the Commission to the City Manager
that all items including health insurance would go out for bid to see what else can be
offered. He stated this should be done next year.
Ms. Shang stated it will go out to bid but, she was able to negotiate the rate for a one (1)
time 15 month period so rather than the fiscal year October, 2015 through September,
2016 the period will be October 1, 2015 through December 31, 2016 giving time for a
transition from a fiscal year to calendar year. She stated the lower rates are also tied in
for an additional three (3) month period.
Commissioner Herzberg asked if this will help with the Cadillac Plan status and Ms .
Shang replied “yes” and that is why her recommendation is that the City increase the
deductible because the more the individual picks up the cost will alleviate the Cadillac
Tax the City will be faced with in 2018 which is a 40% excise tax.
Commissioner Soukup asked if the City is locked into the plan for 15 months or if the
City finds an alternative can the City re-bid it within the 15 months and Ms. Shang
replied “no” the City is locked in for the 15 months which is usually unheard of; there is
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no open ended plan. Ms. Shang stated this plan is very good and it will give the City
sufficient time to find an alternative because it will need this time period; this is a major
change and it is not a lot of time.
Commissioner Herzberg asked if going to another type of plan will include all City
employees and Ms. Shang replied “yes” it would include everyone. Commissioner
Herzberg asked how that would work with the Fire Department and bargaining and Ms .
Shang replied there will be one (1) plan for the City.
14. CITY COMMISSION COMMENTS:
None.
15. ADJOURNMENT:
There being no further business, the meeting was adjourned at 5:47 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 17, 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 Commissioner Honaker.
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 mintues - Regular Commission Meeting of August 3, 2015 - Joyce Raftery,
City Clerk (386) 878-8502.
Background: N/A
5. PRESENTATIONS/AWARDS/REPORTS:
6. CITY COMMISSION SPECIAL REPORTS:
7. PUBLIC FORUM:
Citizen comments limited to items not on the agenda and comments on items listed
on the agenda will take place after discussion of each item. (4 minute maximum
length per speaker)
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City Commission Agenda August 17, 2015
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. Consideration of Commissioner Soukup’s appointment to the Ordinance Review
Committee. - Joyce Raftery, City Clerk (386) 878-8502.
Background: At the Regular Commission Meeting held on August 4, 2015
Commissioner Soukup requested that he table his appointment until
the next Regular Commission Meeting.
On July 6, 2015 the City Commission approved Ordinance No.
08-2015, creating the “Ordinance Review Committee”. The City has
run press releases, posted the opening on D-TV, the City’s web page
and on bulletin boards.
B. Request for approval of Interlocal Agreement for Groundwater Monitoring, Modeling, and
Related West Volusia Water Supply Plan Planning and Implementation Services -
Gerald Chancellor, Public Works Director (386)878-8998.
Background: The St. Johns River Water Management District has approved a
Prevention and Recovery Strategy for Blue Spring to include a Water
Supply Plan (Plan) for the West Volusia area. Where the City of
DeLand, the City of Deltona, the City of Orange City and the County
of Volusia are all water suppliers and the Strategy and Water Supply
Plan was developed based upon input from the Suppliers. The City
of Deltona formally recognized and supported the Plan in a prior
interlocal agreement amongst the Suppliers. The Suppliers desire to
jointly fund the costs for an engineering firm to continue to monitor
groundwater and to continue to assist with planning and
implementation of the Water Supply Plan.
C. Resolution No. 2015-27 adopting the 2015 Volusia County Mitigation Strategy as
approved by the Florida Division of Emergency Management and FEMA.
Background: Volusia County’s hazard mitigation planning efforts began in 1997
with the formation of the Volusia Prepares Committee. The Volusia
2020 Committee developed the first Local Mitigation Strategy (LMS)
in 1999, as part of the Florida Department of Community Affairs LMS
Initiative. The last version of the LMS was updated in 2009 (adopted
in 2010). This multijurisdictional planning effort was led by Volusia
Prepares, with support from the Mitigation 20/20 program and all
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City Commission Agenda August 17, 2015
municipalities.
The 2015 LMS update was prepared by the Volusia Prepares LMS
Working Group with assistance from PBS&J, a consultant who
provided professional mitigation planning services. The LMS Update
process was led by the LMS Working Group Chair, Volusia County
Emergency Management Plans Coordinator Larry LaHue and
Volusia County LMS Coordinator Pat White.
Local hazard mitigation planning is the process of organizing
community resources, identifying and assessing hazard risks and
determining how to best minimize or manage those risks. This
process results in a hazard mitigation plan that identifies specific
mitigation actions, each designed to achieve both short-term
planning objectives and a long-term community vision. To ensure
the functionality of a hazard mitigation plan, responsibility is assigned
for each proposed mitigation action to a specific individual,
department or agency along with a schedule or target completion
date for its implementation. Plan maintenance procedures are
established for the routine monitoring of implementation progress, as
well as the evaluation and enhancement of the mitigation plan itself.
These plan maintenance procedures ensure that the plan remains a
current, dynamic and effective planning document over time that
becomes integrated into the routine local decision making process.
Mitigation planning offers many benefits, including:
· saving lives and property
· saving money
· speeding recovery following disasters
· reducing future vulnerability through wise development and
post-disaster recovery and reconstruction
· expediting the receipt of pre-disaster and post-disaster grant
funding
· demonstrating a firm commitment to improving community
health and safety
The version presented (June 2015) has been reviewed by the Florida
Division of Emergency Management and by FEMA. This plan meets
all of the requirements of the Disaster Mitigation Act of 2000. A
current LMS is a specific requirement for any local government
applying for federal mitigation grant funds. Our current LMS expired
March 31st , 2015.
D. Request for approval of Resolution No. 2015-33 and approval to establish and adopt
Title VI and Nondiscrimination Policy and Plan - Becky Vose, City Attorney (407)
448-0111 (Cell).
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City Commission Agenda August 17, 2015
Background: The City of Deltona, as a recipient of federal funding from the State
for various activities, is required to ensure that its services, programs
and related benefits are conducted and distributed in a manner that
is not inconsistent with the Title VI of the Civil Rights Act of 1964
(“Title VI”) and other related federal and state laws and regulations.
Title VI and the related nondiscrimination laws forbids federal aid
recipients from excluding from participation, denying the benefits of
or subjecting to discrimination anyone on the basis of race, color or
national origin. Accordingly, a Title VI Policy and Plan has been
drafted for City Commission’s approval and adoption. The resolution
that shall serve to authorize the establishment and implementation of
the Title VI and Nondiscrimination Policy and Plan is attached to this
Memorandum as Exhibit “1”.
Deltona values diversity and welcomes input from all interested
parties, regardless of cultural identity, background or income level.
The City does not tolerate discrimination in any of its programs,
services or activities. By approving and accepting the attached
resolution that shall serve to immediately establish the Title VI and
Nondiscrimination Policy and Plan attached thereto, the City assures
that no person shall, on the basis of race, color, national origin, sex,
age, disability, family or religious status, as provided by Title VI and
related nondiscrimination laws and regulations, be denied the
benefits or be otherwise subjected to discrimination or retaliation
under any program, service or activity provided by the City.
However, the Title VI and Nondiscrimination Policy and Plan will not
apply to complaints relating to employment by the City as there are
other procedures and processes available for those types of
complaints.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2015, Fernanda Place Subdivision Rezoning
Application, RZ15-002, at second and final 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
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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
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. Resolution No. 2015-27 adopting the 2015 Volusia County Mitigation Strategy as
approved by the Florida Division of Emergency Management and FEMA.
Background: Volusia County’s hazard mitigation planning efforts began in 1997
with the formation of the Volusia Prepares Committee. The Volusia
2020 Committee developed the first Local Mitigation Strategy (LMS)
in 1999, as part of the Florida Department of Community Affairs LMS
Initiative. The last version of the LMS was updated in 2009 (adopted
in 2010). This multijurisdictional planning effort was led by Volusia
Prepares, with support from the Mitigation 20/20 program and all
municipalities.
The 2015 LMS update was prepared by the Volusia Prepares LMS
Working Group with assistance from PBS&J, a consultant who
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City Commission Agenda August 17, 2015
provided professional mitigation planning services. The LMS Update
process was led by the LMS Working Group Chair, Volusia County
Emergency Management Plans Coordinator Larry LaHue and
Volusia County LMS Coordinator Pat White.
Local hazard mitigation planning is the process of organizing
community resources, identifying and assessing hazard risks and
determining how to best minimize or manage those risks. This
process results in a hazard mitigation plan that identifies specific
mitigation actions, each designed to achieve both short-term
planning objectives and a long-term community vision. To ensure
the functionality of a hazard mitigation plan, responsibility is assigned
for each proposed mitigation action to a specific individual,
department or agency along with a schedule or target completion
date for its implementation. Plan maintenance procedures are
established for the routine monitoring of implementation progress, as
well as the evaluation and enhancement of the mitigation plan itself.
These plan maintenance procedures ensure that the plan remains a
current, dynamic and effective planning document over time that
becomes integrated into the routine local decision making process.
Mitigation planning offers many benefits, including:
· saving lives and property
· saving money
· speeding recovery following disasters
· reducing future vulnerability through wise development and
post-disaster recovery and reconstruction
· expediting the receipt of pre-disaster and post-disaster grant
funding
· demonstrating a firm commitment to improving community
health and safety
The version presented (June 2015) has been reviewed by the Florida
Division of Emergency Management and by FEMA. This plan meets
all of the requirements of the Disaster Mitigation Act of 2000. A
current LMS is a specific requirement for any local government
applying for federal mitigation grant funds. Our current LMS expired
March 31st , 2015.
10. OLD BUSINESS:
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
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14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need a
record of the proceedings, and for such purpose he/she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of
the meeting date and time at (386) 878-8500.
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