City Commission
Regular MeetingDeltona, FL · October 3, 2016
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, October 3, 2016 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Masiarczyk called the meeting to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Invocation Presented by Vice Mayor Nabicht
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Regular Commission Meeting of September 19, 2016
- Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for September 2016
B. Deltona School system update by Superintendent of Volusia County
School District, Mr. Tom Russell
C. Presentation: Update on the Volusia Transit Connector Study - Chris
Bowley, AICP, Planning and Development Services, (386) 878-8602.
Strategic Goal: Other Priority Objectives. Explore multi-modal
transportation opportunities.
D. Presentation: The Center at Deltona/New Community Center - Chris
Bowley, AICP, Planning and Development Services, (386) 878-8602.
Strategic Goal: Fiscal Issues - New Community Center; Economic
Development - Construct a Senior/Community Center.
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E. Proclamation - Fire Prevention Week October 9-15, 2016
Vice Mayor Nabicht stated the Deltona Fire Honor Guard will present the colors at the
beginning of the meeting.
6. CITY COMMISSION SPECIAL REPORTS:
Vice Mayor Nabicht stated he will have a Transportation Planning Organization (TPO)
report. Commissioner Herzberg stated she would have a report from the same meeting as
Commissioner Honaker from the League of Cities Legislative Meeting regarding issues to
be taken to Tallahassee.
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.
CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 14-2016, Amending Division 3, “Collection
and Use”, of Article III, “Stormwater Utility”, of Chapter 54, “Special
Assessments”, of the Code of the City of Deltona, by adding a provisions
for stormwater utility fee credits, at second and final reading - Becky Vose,
Legal Department (407) 448-0111.
Strategic Goal: Infrastructure
Mayor Masiarczyk stated he had concerns about the fees being paid for vacant property or
large tracts for the next budget year. He is not wanting to slow this item down.
City Manager Shang stated Commissioner Schleicher caught a Scribner ’s error and the
Commission has the corrected ordinance.
There were no other questions or comments on this item.
10. OLD BUSINESS:
A. Contract: Proposed Cardinal Place Senior Apartments - Chris Bowley,
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AICP, Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Mayor Masiarczyk asked Mr. Bowley if there were any changes and Mr. Bowley responded
that there were none it is the same as last year. There were no other questions or
comments.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
Commissioner Soukup stated he needed clarification on the policies and procedures
regarding Commission Members interrupting one another and Mayor Masiarczyk
responded that the Chair can gavel anyone down anyone at any time but, at what level
should he gavel someone down. Commissioner Soukup stated like two (2) weeks ago
when the City Manager and the City Attorney had their time but, when he went to speak he
was interrupted multiple times which was frustrating. He stated next are employees allowed
to address Commission Members by their first names and make personal threats and
Mayor Masiarczyk responded that comes back on him and he was at a point where he felt
that was not an appropriate time to shut someone down as everyone else had been allowed
to say what they wanted. Mayor Masiarczyk stated "yes" it was inappropriate and if he had
it to do again, he would have gaveled that person down but, he did not know who it was that
was speaking. Commissioner Soukup asked about allowing four (4) minutes when in fact
some spoke longer and Mayor Masiarczyk responded when you are the Chair and running
the meeting you have to use your own judgment. Commissioner Soukup stated all he was
looking for was consistency moving forward. Mayor Masiarczyk stated we have Roberts
Rules that we follow loosely and we hold speakers to four (4) minutes under Public
Participation but, not on discussion and he was just trying to keep the meeting from getting
more intense. He stated he probably could have controlled the meeting better and the
hardest part of the job is we are charged with making the City look good at all times; there
can be differences of opinion but, don't do it in a public setting; it is a call you have to make.
The Commission discussed clarification on when something is on the agenda we have to
allow the public to speak, clarification on people addressing Commission Members
personally and not the chair, everyone should know that everything is to be addressed to the
chair and then be directed to someone, residents not being allowed to attack the
Commission Members personally and going through the chair, comments being directed to
a certain Commissioner and being directed to address the chair, running the meeting and
keeping the meeting flowing, not being able to stifle people as they will get it in somehow,
how that can be handled, if an agenda item is not on the agenda people are not allowed to
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speak, the procedure for a limit to four (4) minutes under Public Participation but under an
agenda item the people are not limited because, you are gathering information with that
also being a judgment call, the Commission being able to set the time, public giving
misinformation under Public Forum, telling them to get with whoever and needing to
respond and correct that misinformation at that time, not letting misinformation hang -out
there causing more problems for staff, having the ability to limit the time for the speakers to
two (2) minutes if there are a lot of speakers on a topic, limiting the number of speakers,
applicants, presenters and representatives for agenda items being different and can speak
longer.
Commissioner Honaker brought up an issue regarding restrictions on the current
Community Center that will roll-over on November 1, 2016 for another 10 years and the City
will not be able to do anything with it. He asked that City Attorney Vose look into this. Mayor
Masiarczyk responded that that issue was already being addressed. City Attorney Vose
stated she had already drafted a resolution and it is Granicus on its way for the next
meeting.
City Manager Shang stated as a reminder that Congressman DeSantis and others will be
at the City tomorrow morning. She asked if the West Volusia Summit Meeting scheduled for
Saturday, November 19th was okay with everyone and it was determined that four (4)
members of the City Commission would attend.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 6:11 p.m.
_______________________________________
Janet Day, Deputy City Clerk
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Monday, October 3, 2016 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Vice Mayor Nabicht
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 - Regular Commission Meeting of September 19, 2016 -
Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: September 19, 2016 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for September 2016
Background: Super Star Student of the Month awards for September 2016 will be
presented to:
1. Deltona Lakes Elementary, Jayden Ramos, 4th Grade
2. Discovery Elementary, Lauren Cucchiaro, 5th Grade
3. Enterprise Elementary, Abram Trail, Kindergarten
4. Forest Lake Elementary, Mya Diaz, 4th Grade
5. Friendship Elementary, Abraham Garin, 5th Grade
6. Pride Elementary, Kolton Pickens, 1st Grade
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7. Spirit Elementary, Trevor Davis, 3rd Grade
8. Sunrise Elementary, Hannah Matve, Kindergarten
9. Timbercrest Elementary, Jalen Williams, 4th Grade
10. Deltona Middle, Gabrielle Turner, 6th Grade
11. Galaxy Middle, Victoria Morales, 6th Grade
12. Heritage Middle, Christopher “CJ” Jackson, 7th Grade
13. Deltona High, Antoine Denoel, 12th Grade
14. Pine Ridge High, Tyler Russo, 12th Grade
15. University High, Christalia Morales, 11th Grade
Attachments: Sept 2016 Super Star Student Achievements
B. Deltona School system update by Superintendent of Volusia County School
District, Mr. Tom Russell
Background: Mr. Russell, Superintendent Volusia County School District, will provide
an update to the Commission on Deltona Schools.
C. Presentation: Update on the Volusia Transit Connector Study - Chris Bowley,
AICP, Planning and Development Services, (386) 878-8602.
Strategic Goal: Other Priority Objectives. Explore multi-modal transportation
opportunities.
Background: The Florida Department of Transportation (FDOT) has been working on
the Volusia Transit Connector Study to address the need for expanded
multi-modal systems within Volusia County. The study’s Project
Advisory Group (PAG) analyzed alternatives throughout the County that
includes options considering the following transportation modes:
1. Expanding the existing Votran bus system;
2. Adding Bus Rapid Transit (BRT) or Express Bus systems;
3. Expanding on heavy rail (SunRail) or light rail
feasibility/alignment; and
4. Potential multi-modal station locations.
FDOT desires to brief the City Commission and the community on the
findings for the Volusia Transit Connector Study.
Attachments: VTCS Presentation
D. Presentation: The Center at Deltona/New Community Center - Chris Bowley,
AICP, Planning and Development Services, (386) 878-8602.
Strategic Goal: Fiscal Issues - New Community Center; Economic Development
- Construct a Senior/Community Center.
Background: In 2015, the City Commission identified the need as a Strategic Plan
goal to construct a new community center for everyone. A site was
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selected, a preference list of elements for the building was provided by
the City Commission, an architect and site civil engineer was selected,
site plans, construction plans, site preparation, site permitting, building
plans through building permit were approved, and coordination with the
Council on Aging for use of the facility was done. The next and
important step, as represented on the early project schedule, is to
select a site contractor and determine the interior finishes. The project
lead, CT Hsu & Associates, provided initial presentations to the City
Commission, with the need to return for progress updates, following
achievement of critical milestones. The following presentation provides
an update on the project.
E. Proclamation - Fire Prevention Week October 9-15, 2016
Background: The 2016 Fire Prevention Week theme, “Don’t Wait - Check the Date!
Replace Smoke Alarms Every 10 Years” effectively serves to educate
the public about the vital importance of replacing the smoke alarms in
their homes at least every ten years, and to determine the age of their
smoke alarms by checking the date of manufacture on the back of the
alarms.
Attachments: Fire Prevention Week
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.
Citizen comments for any items. (4 minute maximum length per speaker)
CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 14-2016, Amending Division 3, “Collection and
Use”, of Article III, “Stormwater Utility”, of Chapter 54, “Special Assessments”,
of the Code of the City of Deltona, by adding a provisions for stormwater utility
fee credits, at second and final reading - Becky Vose, Legal Department (407)
448-0111.
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Strategic Goal: Infrastructure
Background: There has been a request to amend the stormwater utility fee ordinance
relating to developed properties that have constructed and currently
operate and maintain stormwater facilities that can reduce stormwater
runoff impacts from the subject property and reduce the burden on the
city to maintain, operate and provide capital improvements to the
stormwater management system.
This ordinance was discussed at the workshop on August 22, 2016, at
which time the question was raised as to the potential impact of the
credit on the revenues to the stormwater utility. This question has been
addressed by the City’s consultant Tetra Tech, and it was concluded
that the worst case impact on the utility revenues is less than 5%.
The proposed ordinance has been reviewed by the Deltona Business
Alliance and the DBA has indicated its support of this ordinance.
Attachments: Tetra Tech Opinion
Ordinance No. 14-2016
10. OLD BUSINESS:
A. Contract: Proposed Cardinal Place Senior Apartments - Chris Bowley, AICP,
Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Background: In 2015, Mr. DuPont brought forward a request for the City of Deltona to
pledge through execution of the attached forms, $50,000.00 towards
the above listed project. Mr. DuPont is making the similar request to
allocate $50,000.00 of its FY16/17 $554,512 State Housing Initiative
Partnership (SHIP) funds for a low income housing tax credit (LIHTC)
application to the Florida Housing Finance Corporation (FHFC). The
FHFC administers the State SHIP program and, if awarded, the
$50,000 will be deferred to this project. The proposed project is for
affordable senior housing and the request is the same as that approved
by the City Commission last year. As proposed, the project will include
60 multi-family dwelling units on ±3.3-acres that is a permitted use in
the RM-2 zoning district for the site. Execution of the forms allows the
applicant to achieve more points in a competitive application process.
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Attachments: Letter Request
Cardinal Apartments Concept Plan
Fee Waiver Form
Status of Site Plan Approval
Verif. Development - Zoning
Verif. Infrastructure - Electricity
Verif. Development - Roads
Verif. Development - Sewer
Verif. Development - Water
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
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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