City Commission
Regular MeetingDeltona, FL · March 20, 2017
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, March 20, 2017 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: 5 - Commissioner Alcantara
Commissioner Bradford
Commissioner Honaker
Commissioner Soukup
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Invocation Presented by Commissioner Bradford - Pastor William Bradley
with New Hope Baptist Church.
Commissioner Bradford stated Paster William Bradley would be presenting the invocation.
Commissioner Alcantara arrived at 5:33 p.m.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting of February 23, 2017
and Regular Commission Meeting of March 6, 2017, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
There were no questions or comments on this item.
5. PRESENTATIONS/AWARDS/REPORTS:
There were no presentations/awards/reports.
6. CITY COMMISSION SPECIAL REPORTS:
There were no Commission Special Reports.
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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.
City Manager Shang stated that a resident Susan Lang signed up to speak about
sidewalks on Voltaire Street that is near Timberlake Avenue and there may also be a
resident coming to speak about the sidewalks on Timberlake Avenue.
There were no other comments on this 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:
There were no items under the Consent Agenda.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 29-2016, Amending Chapter 70-30,
Definitions, and Chapter 102, Signs, of the Land Development Code, at
second and final reading - Chris Bowley, AICP, Director, Planning &
Development Services, (386) 878-8602.
Strategic Goal: Public Safety - Sign ordinance amendment/rewrite the sign
code.
Commissioner Bradford stated she believed the sign ordinance should not even be brought
up at the meeting tonight because the sign ordinance that was given to the Commission
tonight has changes and is different from the sign ordinance that was put together by the
Deltona Business Alliance (DBA), Jerry Mayes and Chris Bowley reverting back the
changes that had prior approval. She stated the DBA has not had an adequate chance to
review it; they received the ordinance at 4:00 p.m. on Friday and have not had time to
re-convene a meeting. She stated according to some phone calls DBA is not happy with
the ordinance.
City Manager Shang asked to give an update stating that last week there was some
confusion and the wrong version went out. She stated she knew about it today and she
contacted Raphael Ramirez and Frank DeMarsh and we got the correct version. She stated
there was a conference call about 4:00 p.m. today and given that the DBA has not had time
to review some of the comments so they do want to continue it.
Mayor Masiarczyk stated if there is no objection, we can administratively table it.
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Commissioner Bradford stated there was a section regarding signs on the right -of-way
where it was agreed they were going to go to 5 feet and Mr. Bowley responded that it was
explained at the first Planning & Zoning (P&Z) Meeting and the 1st Hearing that the signs
would be at 10 feet because that matches our building setback line making the 5 feet be an
automatic variance inside that building setback. Mayor Masiarczyk asked if we were talking
5 feet from the edge of the roadway and Mr. Bowley responded when it went to the P&Z
Meeting it was at 5 feet based on a request by the DBA and at that meeting P&Z made a
notation that it should be moved back to 10 feet because you are now placing signs in the
building setback line.
Mayor Masiarczyk asked on vacant property if it would still be 10 feet and Mr. Bowley
responded "yes". Mayor Masiarczyk stated if it is an empty lot you would not be able to find
the 10 foot setback line if there is no sidewalk and you would be in the woods. Mr. Bowley
responded at the P&Z Meeting it was believed it would be astute to adhere to the building
setback line. Mayor Masiarczyk suggested tabling the item.
Commissioner Bradford asked to comment that in doing some research she was given a
United States Sign Code by the DBA that has had many analysis done that are based on
traffic patterns, two (2) lane and four (4) lane roads and speed limits to determine the size
of the signs and it is very detailed. She suggested referring to this code when doing the
sign ordinance so we are not just using codes from Orange City or Port Orange and we are
using research that has been done. She handed out copies.
Mayor Masiarczyk stated he wanted to go back to the Commission's original goal of
making the sign code as short and sweet as possible and easy to understand.
Mr. Fowler stated if the Commission tables this item to a time certain you will not have the
expense of advertising it. City Manager Shang stated DBA wants to work with it and
expedite it. Mr. Bowley asked if the ordinance would have to go back through the Ordinance
Review Committee (ORC) and P&Z and Vice Mayor Nabicht responded it would depend
on whether the changes are substantive. Mayor Masiarczyk stated this is supposed to be
2nd Reading for minor adjustments and approval. Mr. Bowley stated when Mr. Fowler first
rewrote the ordinance in between the first and second reading he made major changes and
the reason he pulled back on the changes was so it would not have to go back through the
system.
It was determined this item would be tabled until the second Regular Commission meeting
in April. He added that Mr. Baker had some additional information he wanted to share with
DBA also because it will be a nightmare trying to enforce the ordinance.
Commissioner Herzberg arrived at 5:40 p.m.
Commissioner Honaker suggested it may be time for the City Attorney to meet with DBA
and Mayor Masiarczyk asked the City Manager to set that up.
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Commissioner Honaker spoke about the size of the election signs stating they should be 24
X 24 that nobody buys the 18 X 24's and that he even ordered size 24 X 32 to put out at the
voting stations to be able to get enough information on the signs.
There were no other questions or comments on this item.
B. Public Hearing - Ordinance No. 30-2016, Rezoning Amendment (RZ16-002)
for ±1.46 acres of land located near of the intersection of DeBary Ave. and
Providence Blvd., at second and final reading - Chris Bowley, AICP,
Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - work with existing businesses to
expand and grow.
Mayor Masiarczyk stated the next item is the rezoning on DeBary Avenue near Providence
Blvd. for 2nd and Final Reading.
City Manager Shang reminded the Commission members to disclose any ex -parte
communications they may have received. Commissioner Alcantara asked if speaking with
staff is considered ex-parte communication and City Manager Shang responded "no". Mr.
Fowler clarified that ex-parte communications would be with 3rd parties pro or con.
There were no other questions or comments on this item.
C. Public Hearing - Resolution No. 2017-05, Budget Transfer from Equipment
and Machinery Capital Outlay Replacement Fund to General Fund for
Gateway Beautification - Chris Bowley, AICP, Director, Planning and
Development Services, (386) 878-8602.
Strategic Goal: Internal & External Communication - Continue the
partnership with FDOT for I-4 expansion and City beautification and
beautify gateways and key locations.
Mayor Masiarczyk stated the next item is a budget transfer for a continued partnership with
the Department of Transportation for enhancement and beautification of the gateways.
It was determined it made good sense to have all the funds in one pot.
There were no other comments on this item.
D. Final Plat (FP16-002), Howland Commercial Subdivision - Scott McGrath,
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City Planner, Planning and Development Services, (386) 878-8624.
Strategic Goal: Economic Development - focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk stated the next item is a final plat for a Howland Blvd. commercial
subdivision.
There were no questions or comments on this item.
10. OLD BUSINESS:
Mayor Masiarczyk commented the only thing the Commission needs to discuss under Old
Business is when the Commission can pick a date for continuation of discussion of the
Commission's Policies and Procedures Meeting and he asked if everyone was prepared to
pick a date. There was no date determined.
Mayor Masiarczyk asked if anyone was planning to attend the State of the County Address
at the Ocean Center and he asked if the Commission Members attending wanted to take
the van. City Manager Shang stated she will coordinate something if anyone is attending .
Mayor Masiarczyk commented if more than one (1) will be attending the City Clerk will need
to be notified so she can notice the meeting. Vice Mayor Nabicht stated it takes place on
March 18th at noon.
11. NEW BUSINESS:
A. Short Term/Long Term Disability
Mayor Masiarczyk stated the next item is under New Business and there were no questions
or comments on this item.
Commissioner Honaker asked if under Commission Comments the Commission was
operating under the old policies and procedures and are able to bring up items for
discussion because we have not finished with the new policies and procedures. Mayor
Masiarczyk stated you would just state what you want to be discussed at a future meeting
but the issue will not be discussed.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
City Manager Shang stated she wanted to bring up the advertisement for the City Attorney
and she will give an update on the survey. She stated also on April 24th there will be a
Parks Public Forum from 6:00 p.m. to 8:00 p.m. but that is also the same date as the
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private event for the new Halifax Health Freestanding Emergency Facility from 4:00 p.m. to
6:00 p.m. She asked if everyone was okay with the time or should she move the Public
Forum to 6:30 p.m.
It was determined it would be confusing to change the time and to leave the time at 6:00
p.m.
14. CITY COMMISSION COMMENTS:
Mayor Masiarczyk stated on Saturday, April 8th there is the Firefighters/Public Safety
Awards event at the library and Relay for Life is from noon to midnight on that date also. He
stated he did not believe the veterans group will worry about the Commissioners coming a
little late however, the gentleman who is handling the event at the library is concerned about
knowing who will be attending and about preparing enough food. He stated you cannot pay
for a ticket at the library as the County has a law that no money can be collected at the
library; if you plan to attend please give your money ahead of time to Mrs. Jackson so it can
be logged in.
Commissioner Honaker asked if the Commissioners planned on attending the Relay for
Life event on April 8th, did they want to set up a tent or does the Commission just want to do
the carwash. It was determined the Commission would not set up a tent however some of
the Commissioners may attend at different times.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting 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 Chris Nabicht
Commissioner Christopher Alcantara
Commissioner Anita Bradford
Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Brian Soukup
Monday, March 20, 2017 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 Commissioner Bradford - Pastor William Bradley with
New Hope Baptist Church.
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 February 23, 2017 and
Regular Commission Meeting of March 6, 2017, as presented. - Joyce Raftery,
City Clerk (386) 878-8502.
Background: N/A
Attachments: February 23, 2017 SCM Minutes
March 6, 2017 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
6. CITY COMMISSION SPECIAL REPORTS:
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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. 29-2016, Amending Chapter 70-30, Definitions,
and Chapter 102, Signs, of the Land Development Code, at second and final
reading - Chris Bowley, AICP, Director, Planning & Development Services,
(386) 878-8602.
Strategic Goal: Public Safety - Sign ordinance amendment/rewrite the sign
code.
Background: The City of Deltona (City) sign code is Chapter 102, and the proposed
amendments to it and Chapter 70-30, Definitions, within the Land
Development Code (LDC) is a strategic goal defined by the City.
Within the recent past, the City has amended the sign code either in its
entirety or through revisions. The amendments centered on changes to
signage types, electronic changeable copy signs, hand held sign
standards, vesting of existing signs, etc. This proposed amendment to
the sign code is an entire rewrite of the ordinance.
Since the last amendment to the City’s sign code, signs have been
discussed for dimensional and locational criteria, sign types, land uses,
etc. and a need to be readdressed. New federal case law at the U.S.
Supreme Court concerning signage content (Reed v. Town of Gilbert,
Arizona) and requests from the Deltona Business Alliance (DBA) have
prompted changes to the sign code and the DBA had input with City
staff for this sign code draft in 2016 at meetings with staff and at the
City’s Ordinance Review Committee (ORC) meetings.
The Planning & Zoning Board (Board) reviewed the ordinance on
November 16, 2016. At the City Commission Workshop on November
28, 2016, the City Commission directed additional review and input
from the DBA; which occurred on January 4 and January 11, 2017. The
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Board also reviewed the DBA and City’s Enforcement Services
Department changes on February 15, 2017, and voted 6-0 to
recommend that the City Commission adopt the ordinance. Finally, on
March 6, 2017, the City Commission voted 7-0 to approve Ordinance
No. 29-2016 with potential time, place, and manner updates from the
new City Attorney and reference to Chapter 812, Florida Statutes, from
the Volusia County Sheriff’s Office, for convenience business security
signage.
Attachments: Ordinance No. 29-2016 Sign Code
Staff Report 011117
DBA Letter 011917
B. Public Hearing - Ordinance No. 30-2016, Rezoning Amendment (RZ16-002) for
±1.46 acres of land located near of the intersection of DeBary Ave. and
Providence Blvd., at second and final reading - Chris Bowley, AICP, Director,
Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development - work with existing businesses to
expand and grow.
Background: The subject site consists of a portion of several Deltona Lakes Plat lots
and tracts, is developed with a single family home and the remainder of
the site is vacant land. There is a wetland area located at the rear of the
property. The property is currently zoned Professional Business (PB)
and is designated as Commercial on the City’s Future Land Use Map.
Thus, the zoning and future land use designations are consistent.
The existing PB and proposed Retail Commercial (C-1) zoning
classifications are considered by-right designations that includes a
range of permitted and conditional uses that shall to conform to the
associated zoning district performance standards and site constraints .
Ordinance No. 30-2016 is a proposed rezoning request policy decision
that, if adopted, will allow for a greater range of land uses approved for
the C-1 zoning district with the potential for more intensive uses. The
rezoning action does not automatically result in development of more
intensive land uses, as that is dependent upon factors such as land use,
trip generation, floor area ratio, etc. per use.
The subject site is also bisected from existing residential land uses that
have an R-1 zoning classification by a four-lane arterial roadway to the
north. The R-1 zoned land to the south has a conservation overlay on it,
the Spring-to-Spring recreational trail bisect that land from the site, and
there is an RP (Resource Protection) zoning designation on adjoining
land to the south. The subject site is also within the Enterprise
Commercial Overlay District that requires Florida-vernacular style
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architectural elements.
On February 20, 2017, the City Commission heard the ordinance and
discussed adding language to the Final Site Plan Development Order
for increased pedestrian safety in relation to any cross-access
easements. The applicant also discussed potential deed restrictions on
certain C-1 zoning permitted land uses, if desired. Following
discussion, the City Commission voted unanimously (7-0) for approval
of Ordinance No. 30-2016, at first reading.
Attachments: Ordinance No. 30-2016
Staff Report 080216
Staff Report Maps
C. Public Hearing - Resolution No. 2017-05, Budget Transfer from Equipment and
Machinery Capital Outlay Replacement Fund to General Fund for Gateway
Beautification - Chris Bowley, AICP, Director, Planning and Development
Services, (386) 878-8602.
Strategic Goal: Internal & External Communication - Continue the partnership
with FDOT for I-4 expansion and City beautification and beautify gateways and
key locations.
Background: The City of Deltona is focused on its gateways as areas with high traffic
volume for maximum visibility. The City Commission outlined goals in
its 5-Year Strategic Plan to identify specific projects at the gateways.
General funds were budgeted in Public Works and Parks Departments
budgets, per project. However, interagency coordination has led to
greater partnership and cost sharing of those allocated funds. As a
result, there is an opportunity to streamline the accounting and work
effort on the projects for maximum efficiencies and value added
measures. Specifically, the following is requested to occur:
- Gateway signage at SR 415/Howland Bv and Normandy/Saxon
intersections be completed by the same contractor for economies
of scale. A bid is placed out through procurement to select a sign
contractor and the City will use its on-call electrician and sign
messaging agent for those components.
- Landscaping for the SR 415/Howland Bv, Normandy/Saxon, and SR
472/Interstate 4 locations be completed by the same contractor for
economies of scale. An RFP is placed out through procurement to
select an on-call landscape, irrigation, and maintenance contractor.
Coordination with FDOT has been on-going to keep this project on
schedule, and the City’s landscape architect consultant is
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completing construction plans.
- The FDOT will provide a 100% reimbursement of $125,000 for the
SR 472/Interstate 4 grant (as opposed to the former grant match)
and will provide 100% landscaping at the Saxon Bv interchange.
These are major cost savings to the City.
As a result of the above, the divided funds per project should be
brought into one account (Account No. 001415630600 Gateway
Beautification at $350,000) and Purchase Orders tied to that account
for work at all City gateways. This entails moving $75,000 from Account
No. 501640500 Equipment and Machinery Capital Outlay Replacement
Fund to General Fund for Gateway Beautification in this fiscal year (FY
2016-17). It is anticipated that work at all three locations will commence
upon selection of the consultants through procurement, contracting, and
cost estimating to complete these efforts in calendar year 2017. This
proposed budget transfer does not create a budget deficit, the specific
project amounts will be included in each bid or scope received, and the
total amount budgeted with this transfer will result in $425,000 that can
be applied towards gateway beautification at all locations to include
design, permitting, signage, electronic messaging, landscaping,
irrigation, and electrical work. Finally, the General Fund for Gateway
Beautification will remain in the Public Works Department.
Attachments: Res No. 2017-05 Gateway Beautification
Exhibit A Budget Amendment
D. Final Plat (FP16-002), Howland Commercial Subdivision - Scott McGrath, City
Planner, Planning and Development Services, (386) 878-8624.
Strategic Goal: Economic Development - focus on Howland Blvd. as the
gateway for commercial growth.
Background: The ±2.95-acre vacant subject site is located at an intersection that can
accommodate commercial development, with the recent area widening
of Ft. Smith Blvd. (City of Deltona), Howland Blvd. (Volusia County), and
SR 415 (Florida Department of Transportation). The land use
entitlements of Commercial future land use and C-1 (Retail
Commercial) zoning designations is consistent to support commercial
development for this site. There is commercial development directly to
the east of the site (Walgreens) and to the south (Wal-Mart). The
purpose of this Final Plat is to create two legal lots of record for
commercial development that will utilize a shared driveway from
Howland Blvd.
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Attachments: Final Plat
Legal Description
Sketch of Description
Boundary Survey
Construction Plans
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Short Term/Long Term Disability
Background: The renewal of the Short Term and Long Term disability programs
resulted in an increase in premiums for the Short Term Disability. The
Commission instructed the City to take the benefit out to bid. An RFP
went out and only 1 bid was received. The bid saves the city
approximately $15,000 and has a two year (20 month) rate guarantee,
while maintaining the same benefit. The only bid received was from The
Municipal Pool. The contract would start May 1, 2017 for a period of 20
months.
Attachments: Municipal Pool STDLTD
Municipal Pool STDLTD Gizzi Letter
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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