City Commission
Regular MeetingDeltona, FL · October 17, 2016
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, October 17, 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:
Present: 4 - Commissioner Honaker
Commissioner Commissioner Schleicher
Commissioner Commissioner Smith
City Attorney City Attorney Vose
Excused: 1 - Commissioner Soukup
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Silent Invocation Presented by Mayor Masiarczyk.
Mayor Masiarczyk stated he will be doing the Silent Invocation.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Masiarczyk asked if there were any comments on the Approval of the Minutes and
there were none.
A. Approval of minutes - Regular Commission Meeting of October 3, 2016 and
the Special Commission Meeting of October 5, 2016 - Joyce Raftery, City
Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
Mayor Masiarczyk stated the reports are written.
Mayor Masiarczyk stated we also have a special presentation to Gerald Chancellor and he
would like to make that presentation after the Proclamation on City Government Week.
There were no other comments.
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A. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
B. Proclamation - Florida City Government Week
6. CITY COMMISSION SPECIAL REPORTS:
Mayor Masiarczyk asked if anyone had any Special Reports and Commissioner Herzberg
responded everything was cancelled.
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. 26-2016, Deltona Free Standing Emergency
Room BPUD (RZ16-001), at second and final reading - Chris Bowley, AICP,
Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk stated the next item is the Free Standing Emergency Room for final
discussion and he asked if there was anything new. Mr. Bowley responded that the
applicant did a good job working with the County and they had a peer review consultant
look at the Traffic Impact Analysis (TIA) with two (2) access points and everything seems
good. Vice Mayor Nabicht questioned if there were any drawings and Mr. Bowley
responded there are exhibits attached to the packet with the TIA and the U -turn as well. Mr.
Bowley stated he spoke with the County and the peer review consultant and both agree that
the methodology the applicant submitted is sound, the numbers look okay, they followed the
Transportation Planning Organization's (TPO) methodology and that if it is warranted in the
future for a no U-turn it can be reconsidered but, for now everything looks good. City
Attorney Vose stated the big difference was they agreed to the plus intersection which
would in almost all instances get rid of the need for a U-turn. Vice Mayor Nabicht stated he
still had questions about the single zoning where only looking at a small amount of trips
does not trigger any off-site improvements and the roads around there almost being at
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capacity. He stated if the City was doing an overall Planned Unit Development (PUD) we
would be applying zoning classes that take the most intense zoning for each and that would
be what the traffic counts would be based on which would possibly trigger off -site road
improvements. Mr. Bowley responded that there are a couple of off-site improvements that
are taking place; Halifax Crossing is installing a left turn lane heading eastbound from the
interstate and are working with the County on a signal improvement there adding a fourth
movement at that signal coming in from Halifax Crossing heading southbound leaving that
property which provides a straight thru over to Graves Ave plus a left turn eastbound onto
Howland. Mayor Masiarczyk asked that the Commission have this discussion downstairs
as the public needs to hear this discussion.
There were no other questions or comments.
B. Request for approval of Resolution No. 2016-51, changing the covenants
and restrictions as to the Community Center on Lake Monroe by repealing
such covenants and restrictions - Becky Vose, Legal Department (407)
448-0111.
Strategic Goal: Economic Development
Mayor Masiarczyk stated this item deals with the covenants placed by Mackle Brothers and
the Soccer Club on certain properties and is protection for the City in the future and will set
a precedent. He suggested going a step farther and repealing all the covenants on all the
properties and that all of the properties are different with different deed restrictions. He
added that we should list all the properties under the same blanket and submit them all at
the same time to the Deltona Corporation to have the restrictions lifted. City Attorney Vose
responded it just so happened this property has to be renewed every 10 years so this will
work for now for this property and she reminded the Commission that the deadline to do
this is November 1st.
C. Request for approval of Resolution No. 2016-53, a Resolution of the City
Commission of the City of Deltona, Florida Waiving Building Permit Fees
for Repair of Storm Related Damages until the end of 2016.- Jane K. Shang,
City Manager (386) 878-8850.
Strategic Goals: Public Safety.
Mayor Masiarczyk stated the next item pertains to waiving the building permit fees for
repairs related to the hurricane until December 31, 2016. City Manager Shang responded
that this is a change to the original 60 days to be consistent with surrounding cities and the
County and the date would be easier to remember.
There were no other comments.
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D. Request for approval of Resolution No. 2016-54, a Resolution of the City
Commission of the City of Deltona, Florida Ratifying Agreement for As
Needed Emergency Debris Monitoring Services.- Jane K. Shang, City
Manager (386) 878-8850.
Strategic Goals: Public Safety
Mayor Masiarczyk stated this item pertains to debris removal and City Attorney Vose
responded this is more of a technicality explaining that shortly after the City entered into an
agreement in 2014 the company named Ledos this company was bought by Tetra Tech
and the way the agreement was written there is a very strict provision that it cannot be
assigned in any way so, for purposes of FEMA reimbursement she does not want an
argument about this. City Attorney Vose stated that under Florida law since Tetra Tech
acquired Ledos there is not a problem so it is easier to do a resolution to confirm this in an
effort to be proactive.
There were no other comments.
10. OLD BUSINESS:
A. Request for approval to award the health insurance to Cigna. - Richard
Adams, Human Resources (386) 878-8752.
Strategic Goal: Fiscal Issues
Mayor Masiarczyk stated the next item pertains to health insurance with Cigna. City
Manager Shang stated the Cigna Representatives have to leave by 7:30 p.m.; so in the
event there are questions she would like to take this item out of order. It was decided to
move the two (2) items 10A and B under Old Business to Item 8 Consent.
Mayor Masiarczyk asked Commissioner Schleicher if she was prepared to make her
appointment to the Planning & Zoning Board tonight and Commissioner Schleicher
responded "yes, she will nominate Jose Irizarry".
There were no other comments.
B. Consideration of Commissioner Schleicher’s appointment to the Planning
and Zoning Board for the remainder of a term to expire on March 15, 2017 -
Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
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11. NEW BUSINESS:
A. Request for approval of the 2017 holiday meeting schedule - Joyce
Raftery, City Clerk’s Department (386) 878-8502.
Mayor Masiarczyk stated the next item is the holiday meeting schedule for 2017 that is
done every year and he went over the schedule showing only one (1) Regular Commission
Meeting and no workshops in December with the Commission meeting being scheduled for
December 12th. He asked if anyone had any issues.
There were no comments or questions.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
City Manager Shang stated she will be giving an update on the storm debris removal and
also at the direction of the Commission she authorized Waste Pro to have two (2)
additional trucks with rear loaders on the street to remove the extra food that did not fit in
the bins due to the hurricane. She stated she also waived some of the requirements and
that there was also a lot of bulk waste put out on the curb. She stated the cost is about
$20,000 per week; they started on Wednesday so, one (1) week would be tomorrow. She
stated her recommendation is with the approval of the Commission to authorize the
additional trucks until the end of the month which exceeds her $ 25,000 authority and
discuss Waste Pro taking items on the curb that do not fit in the bin excluding storm debris.
There were no other comments.
14. CITY COMMISSION COMMENTS:
Commissioner Schleicher asked for clarification on the holiday schedule stating that
December 11th is on a Sunday. It was concluded that that the holiday schedule was for
2017 and the date would be Monday, December 12th.
Mayor Masiarczyk stated that at the end of a meeting under Commission Comments he
had asked and the Commission had approved the Veterans' Memorial Park getting a tank
for display and he did not find that included in the minutes from the meeting. He stated as
part of the paperwork a copy of the minutes showing that the City assumes the
responsibility as it is a City Park on City land was approved by the Commission must be
included so, he will be bringing that up during the meeting. He stated all the other
paperwork is done. It was suggested to bring the issue up under City Commission Special
Reports so, it will be officially in the minutes.
There were no other comments.
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15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:47 p.m.
ATTEST:
_________________________________________
Janet Day, Deputy City Clerk
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Monday, October 17, 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. 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 - Regular Commission Meeting of October 3, 2016 and the
Special Commission Meeting of October 5, 2016 - Joyce Raftery, City Clerk
(386) 878-8502.
Background: N/A
Attachments: October 3, 2016 RCM Minutes
October 5, 2016 SCM Minutes
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) Parks and Recreation Advisory Committee - (Written Report Only)
· Senior Advisory Sub-Committee
· Youth Advisory Sub-Committee
· Citizen Accessibility Advisory Sub-Committee
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2) Affordable Housing Advisory Committee - (Written Report Only)
3) Ordinance Review Committee - (Written Report Only)
Attachments: P&R 3rd Quarter Report 2016
AHAC 3rd Quarter Report 2016
ORC 3rd Quarter Report 2016
B. Proclamation - Florida City Government Week
Attachments: Florida City Government 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. 26-2016, Deltona Free Standing Emergency
Room BPUD (RZ16-001), at second and final reading - Chris Bowley, AICP,
Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Background: Through Ordinance No. 26-2016, Central Florida Regional Hospital is
proposing a free-standing emergency room/urgent care facility on a
±3.24-acre site within the Deltona Activity Center. The proposed
±3.24-acre site will be through the creation of a new lot within an overall
±28-acre tract. The ±28-acre tract received a BPUD zoning
designation in a prior City rezoning action, known as the ICC BPUD.
However, the Development Agreement for the ICC BPUD was never
executed. The proposed Deltona Free Standing Emergency Room
BPUD is separate from the ICC BPUD and will require its own
Development Agreement and Master Development Plan.
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As proposed, the applicant for the Deltona Free Standing Emergency
Room BPUD desires to construct a ±10,839-SF facility limited to a
0.08 floor area ratio maximum (FAR), parking, driveways, and
stormwater management pond. The applicant is requesting a
single-use BPUD and any change to that development program or
reuse of development in the future will require an amendment to the
Deltona Free Standing Emergency Room BPUD.
The applicant is requesting access directly from Graves Avenue into
the subject site. Initially, a full-directional movement was requested, then
a right-in/right-out. Following the first reading of the ordinance, the land
owner provided information that common ownership existed for the
parcel directly north of the intersection of N. Normandy and Graves Ave .
Thus, there are two access scenarios - the proposed right-in/right-out at
the subject site and the potential full intersection movement at the
existing N. Normandy and Graves Ave. intersection. The applicant
provided a Transportation Impact Analysis (TIA) to support the
right-in/right-out design and the City engaged a traffic consultant to
review that TIA (see the attached TIA and peer review
correspondence). The land owner also engaged transportation
engineers to create conceptual designs of the intersection of N .
Normandy and Graves Ave. for a “plus” intersection (see attached). As
a result, the attached Development Agreement includes a provision that
both access scenarios shall be provided, as underlined.
Attachments: Ordinance No. 26-2016
FSER Development Agreement
FSER Staff Report
Deltona FSER TIA Summary & Review Comments 101016
Deltona FSER TIA Final
Graves Normandy 2016 Sketch Concept
Graves Normandy 2016 Sketch Model
B. Request for approval of Resolution No. 2016-51, changing the covenants and
restrictions as to the Community Center on Lake Monroe by repealing such
covenants and restrictions - Becky Vose, Legal Department (407) 448-0111.
Strategic Goal: Economic Development
Background: On November 12, 1976, the Deltona Corporation imposed certain
covenants and restrictions as to the property located at 980 Lakeshore
Drive, Deltona.
Such covenants and restrictions expired on November 1, 2006, with the
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provision that they would automatically be extended for successive
periods of ten (10) years, unless by vote of a majority of the then owner
of the Property, it is agreed to change the covenants and restrictions in
whole or in part.
The City of Deltona is currently the owner of the Property and the City
finds it in the best interest of the City and its residents to repeal such
covenants and restrictions.
Attachments: Resolution No. 2016-51 w/Exhibit "A"
Declaration of Restrictions
C. Request for approval of Resolution No. 2016-53, a Resolution of the City
Commission of the City of Deltona, Florida Waiving Building Permit Fees for
Repair of Storm Related Damages until the end of 2016.- Jane K. Shang, City
Manager (386) 878-8850.
Strategic Goals: Public Safety.
Background: On October 3, 2016 the Honorable Rick Scott, Governor of the State of
Florida, issued Executive Order Number 16-230 declaring a state of
emergency in the State of Florida due to Hurricane Matthew. On
October 5, 2016 the City of Deltona declared a state of local
emergency in anticipation of Hurricane Matthew. Hurricane Matthew
caused significant damage to properties within the City of Deltona. It is
the recommendation of the City Manager that building permit fees for
repair of storm related damages be waived until the end of 2016.
Attachments: Resolution No. 2016-53
D. Request for approval of Resolution No. 2016-54, a Resolution of the City
Commission of the City of Deltona, Florida Ratifying Agreement for As Needed
Emergency Debris Monitoring Services.- Jane K. Shang, City Manager (386)
878-8850.
Strategic Goals: Public Safety
Background: On October 3, 2016 the Honorable Rick Scott, Governor of the State of
Florida, issued Executive Order Number 16-230 declaring a state of
emergency in the State of Florida due to Hurricane Matthew. On
October 5, 2016 the City of Deltona declared a state of local
emergency in anticipation of Hurricane Matthew. Hurricane Matthew
caused significant damage to properties within the City of Deltona. On
May 21, 2014, the City of Deltona entered into an Agreement between
the City of Deltona, Florida and Leidos, Inc. for As Needed Emergency
Debris Monitoring Services per RFP # PW 14-03 (“Agreement”). The
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Agreement provides that the Agreement may not be assigned or
transferred in any manner. The assets division of Leidos, Inc. that
provides the services set forth in the Agreement was acquired by Tetra
Tech, Inc.on August 23, 2014. In order to avoid any confusion or
misunderstanding with regard to the ability of the City of Deltona to
utilize the services provided for under the Agreement, and to avoid any
issues regarding the reimbursement of expenses incurred under the
Agreement by FEMA, it is deemed in the best interest of the City of
Deltona to formally ratify the Agreement and to affirm that the services
under the Agreement shall be performed by Tetra Tech as the
successor of Leidos, Inc., and that payments under the Agreement shall
be paid to Tetra Tech, as the successor of Leidos, Inc.
Attachments: Resolution No. 2016-54
Leidos, Inc Agreement
Deltona, City of_Pre-Acquisition Letter
Deltona, City of_Post-Acquisition Letter
_Leidos-TetraTech Agreement on Assets_Redacted (Opt)
10. OLD BUSINESS:
A. Request for approval to award the health insurance to Cigna. - Richard Adams,
Human Resources (386) 878-8752.
Strategic Goal: Fiscal Issues
Background: Staff was asked to put out to bid the City’s health insurance. The bids
went out in August, 2016 for health insurance and the City received
seven (7) bids for health insurance and nine (9) bids for dental
insurance. The Selection Committee reviewed the bids and
unanimously elected to go with Cigna. By going with Cigna it would
save the City approximately $600,000 +/-.
Attachments: RFP 16014 Negotiation Summary REV
Health Insurance Update for Commission 2017
Cigna Rate Letter
B. Consideration of Commissioner Schleicher’s appointment to the Planning and
Zoning Board for the remainder of a term to expire on March 15, 2017 - Joyce
Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: At the Regular Commission Meeting on September 19, 2016
Commissioner Schleicher tabled her appointment to the board for 30
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days. Mr. Noble Olasimbo, Commissioner Schleicher’s appointment,
resigned from the Planning and Zoning Board on August 31, 2016. Per
Article XII. Planning and Zoning Board, Sec. 110-1200. Creation (b),
“The vacancy shall be filled within 30 days from the time it occurs.” The
appointment will serve for the remainder of a term to expire on March
15, 2017.
The City has run press releases, posted the opening on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Jose Irizarry, Smiley
Thurston and Frank Whittock.
Attachments: P&Z Member List
Resignation - Olasimbo
Application - Irizarry
Application - Thurston
Application - Whittock
11. NEW BUSINESS:
A. Request for approval of the 2017 holiday meeting schedule - Joyce Raftery,
City Clerk’s Department (386) 878-8502.
Background: In the past, the Commission has chosen to change the Commission
meeting schedule in December due to the holiday season, i.e.
combining the two (2) regular meetings in December to one (1)
meeting in the middle of the month of December and to have no
workshops during the month of December.
Attached for the Commission's approval is the proposed schedule for
the calendar year 2017 City Commission meetings which includes one
(1) regular City Commission meeting and no workshops for the month
of December, 2017 and for the Commission's information the
invocation schedule for 2017 is also included.
Attachments: 2017 Holiday Meeting Schedule
2017 Invocation Meeting Schedule
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
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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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