City Commission
Regular MeetingDeltona, FL · November 6, 2017
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 6, 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:
Mayor Masiarczyk stated an email was received from Commissioner Alcantara stating that
he would not be attending the City Manager Agenda Review Meeting but would be
attending the Regular Commission Meeting.
.
Present: 7 - Commissioner Bradford
Commissioner Herzberg
Commissioner Honaker
Commissioner Ramos
Vice Mayor Nabicht
Mayor Masiarczyk
City Attorney
Excused: 1 - Commissioner Alcantara
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag. He asked Commissioner Herzberg if she was
prepared to present the invocation tonight and asked that she mention the tragedy in Texas .
Commissioner Herzberg responded she would.
A. Invocation Presented by Commissioner Herzberg
4. APPROVAL OF MINUTES & AGENDA:
Mayor Masiarczyk stated the next item is approval of the minutes from the October 14,
2017 Special Commission Meeting, October 16, 2017 Special Commission Meeting and
the October 16, 2017 Regular Commission Meeting.
Commissioner Honaker stated he would have a comment on the minutes for the October
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16, 2017 Regular Commission Meeting.
There were no other comments on this item.
A. Approval of minutes - Special Commission Meeting of October 14, 2017,
Special Commission Meeting of October 16, 2017 and Regular Commission
Meeting of October 16, 2017, as presented. - Joyce Raftery, City Clerk (386)
878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
A. "Deltona: Making It Happen" video presentation
B. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
Mayor Masiarczyk stated Tanya Boggs will be giving an update on economic development,
the Planning & Zoning Board report will be written only, Mrs. Spriggs will present the
Firefighters' Pension Board of Trustees report and Team Volusia will be making a
presentation.
There were no questions or comments on this item.
C. Super Star Student of the Month Certificates for October 2017
Mayor Masiarczyk stated the next item is the Super Star Student Awards and this month we
have a new school, Volusia Pines Elementary. He stated that school has never participated
before so he would like to make a statement thanking them for their participation.
There were no questions or comments on this item.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if anyone had any Special Reports or requests.
Vice Mayor Nabicht asked if we were addressing the Legislative priorities and City
Manager Shang responded we are having a Workshop on November 13th. He stated one
other thing is we need to have discussion regarding the waiving of the fees on permits for
the hurricane. He is suggesting making an amendment to the resolution and he gave an
example that his mother needs a new roof, the contractor is still working on roofs that were
damaged by Hurricane Matthew and will not be able to do his mother's roof until March
2018 and the deadline for waiving the fees is December 31, 2017. He stated he is
suggesting if he brings a signed contract in to Building and a note is made in the file so that
when the contractor comes in March 2018 to pull the permit that the City will honor waiving
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the fee.
Mayor Masiarczyk asked aren't permits good for six (6) months and Mr. Baker responded
"yes" but why can't we just waive the fees on out. Vice Mayor Nabicht agreed that we could
do that but then you get into whether the damage is truly storm related. City Manager Shang
stated she would rather have an end date of this year and then if the work cannot be done
until next year she is fine with that. It was determined that the City Manager can do an
interpretation at the time. Vice Mayor Nabicht stated he would be more comfortable waiving
fees with a policy and he suggested we can discuss this downstairs under City
Commission Special Reports and Requests or Commission Comments.
Commissioner Honaker stated the Commission just redid the Commission Policies and
Rules and this should be brought up under City Commission Special Reports and
Requests.
Mayor Masiarczyk asked when the deadline is and City Manager Shang responded
December 31st. He suggested there is plenty of time and it was pointed out that there are
only a couple of meetings left this year. He stated we do not use the Consent Agenda
enough, we can make a decision downstairs and put it on the Consent Agenda this month if
it is storm related. Vice Mayor Nabicht asked Interim City Attorney Segal -George if we did
this by resolution and the City Manager responded she thought we did. It was determined it
was done by Resolution when the State of Emergency Declaration was done.
Vice Mayor Nabicht stated he will bring it up under Item 6, City Commission Special
Reports and Requests. Interim City Attorney Segal-George suggested to just request to
extend waiving the fees for X period of time from related damage and have the City
Manager have a Resolution prepared to go on the Consent Agenda at the next meeting .
She added she believed the Commission should use the Consent Agenda more than you
do and this is a good example of something that can go on consent, you can talk about, not
making a decision but putting it forward.
Mayor Masiarczyk asked if there were any other reports or requests and there were none.
7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns 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:
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A. Public Hearing - Ordinance No. 06-2017, Communal Housing - Chris
Bowley, AICP, Planning & Development Services Director, (386) 878-8602.
Strategic Goal: Economic Development - work with existing business to
expand/grow.
Mayor Masiarczyk stated the next item is an ordinance regarding Communal Housing and
he asked Mr. Bowley if there was any update or any changes since the Commission
received the agenda packet. Mr. Bowley responded "no".
There were no other questions or comments on this item.
10. OLD BUSINESS:
A. Approval of Contract for Fowler, O’Quinn, Feeney & Sneed, P.A., City
Attorney. Jane K. Shang, City Manager, (386) 878-8850.
Strategic Goal: Internal-External Communications
Mayor Masiarczyk stated the next item is Old Business regarding the Contract for the law
firm.
There were no questions or comments on this item.
Commissioner Herzberg asked if she could speak under Special Reports and Requests
regarding a report on the Daytona State College Center for Women and Men that they have
filled the Fresh Start Class, Deltona had 19 to respond and that is the first time. She stated
there was an online application with a link and there were a lot of hits this time.
There were no other comments.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
There were no City Attorney comments.
13. CITY MANAGER COMMENTS:
There were no City Manager comments.
14. CITY COMMISSION COMMENTS:
Commissioner Herzberg read an e-mail she received requesting that the email be read into
the record at the Regular Commission Meeting. The e-mail was regarding some signs that
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were removed and taken and needed to be returned to the property owners who own the
signs. Mr. Baker stated these are the signs on Seagate that were taken down, the people
put the signs back up after being told to take the signs down or the City would take them .
We took the signs, the people called Mr. Baker and Mr. Baker told them the City would give
the signs back however, they cannot put the signs back up.
Mayor Masiarczyk added that technically the people were told to take the signs down or the
City would take the signs and if the City took the signs the City would dispose of them and
the City did better than that by not disposing of the signs.
There were no other comments.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:41 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 Victor M. Ramos
Monday, November 6, 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 Herzberg
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 October 14, 2017,
Special Commission Meeting of October 16, 2017 and Regular Commission
Meeting of October 16, 2017, as presented. - Joyce Raftery, City Clerk (386)
878-8502.
Background: N/A
Attachments: Minutes of SCM 10-14-2017
Minutes of SCM 10-16-17
Minutes of RCM 10-16-17
5. PRESENTATIONS/AWARDS/REPORTS:
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A. "Deltona: Making It Happen" video presentation
B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce
Raftery, City Clerk (386) 878-8502.
Background: Quarterly Reports of City Advisory Boards/Committees:
1) Deltona Economic Development Advisory Board - (Presented by
Chairman Tanya Boggs)
2) Planning and Zoning Board - (Written Report Only)
3) Firefighters’ Pension Plan Board of Trustees - (Presented by Plan
Administrator Lisa Spriggs)
4) Team Volusia - (Presented by Team Volusia)
Attachments: DEDAB Third Quarter 2017 Report
P&Z Third Quarter 2017 Report
FFPP Third Quarter 2017 Report
Team Volusia Third Quarter 2017 Report
C. Super Star Student of the Month Certificates for October 2017
Background: Super Star Student of the Month awards for October 2017 will be
presented to:
1. Deltona Lakes Elementary, Oliver Greenwood, 1st Grade
2. Discovery Elementary, Adienis Perez, 4th Grade
3. Enterprise Elementary, Makayla Tollas, 1st Grade
4. Forest Lake Elementary, Dulze Aldaba, 5th Grade
5. Friendship Elementary, Edsaelyz Vargas, 1st Grade
6. Spirit Elementary, Caroline Johnson, 4th Grade
7. Sunrise Elementary, Emily Crone, 4th Grade
8. Timbercrest Elementary, Lauryn Revilla, 3rd Grade
9. Volusia Pines Elementary, Nevaeh Bailey, 4th Grade
10. Deltona Middle, Dylan Sikoski, 7th Grade
11. Galaxy Middle, Madelyn Rachels, 8th Grade
12. Heritage Middle, Wendy Zhang, 8th Grade
13. Deltona High, Tianna Henry, 10th Grade
14. Pine Ridge High, Kathan Strombaugh, 12th Grade
15. University High, Christian Schindler, 12th Grade
Attachments: Oct 2017 Super Star Student Achievements
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns 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. 06-2017, Communal Housing - Chris Bowley,
AICP, Planning & Development Services Director, (386) 878-8602.
Strategic Goal: Economic Development - work with existing business to
expand/grow.
Background: The City of Deltona (City) has an array of communal housing types. One
type, a Community Residential Home (CRH), is permitted through
Chapter 419.001, Florida Statutes (FS) with reference to Section
110-814 of the Land Development Code (Code). As regulated under
State law, the CRH does not have Conditional Use approval and is
within a separate section of the City’s Code (Ch. 110-814) than other
communal home types that are regulated as Conditional Uses within
Chapter 110-817 (i.e. adult family-care homes, assisted living facilities,
group homes, nursing homes, and boarding houses). Additionally, only
some of the communal housing types are defined in Chapter 70-30 and
their terms are easily interchangeable. Thus, definitions need to be
added to Chapter 70-30 for greater clarification to distinguish the
housing types. Consistency is also needed between the communal
home types and the application of the Florida Fire Prevention Code,
Florida Building Code, and Florida Agency for Health Care
Administration (ACHA) license prior to Conditional Use approval and
business tax receipt issuance.
On August 21, 2017, through Resolution No. 2017-29 and citing zoning
in progress, the City placed a moratorium on the approval of new
communal homes, until data can be studied, a recommendation made,
and an ordinance drafted to be consistent with Chapter 419, F.S. and
local zoning ordinance criteria. A consolidated process was drafted in
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the ordinance and provided in Exhibit “A” having the number of persons
and housing type match the zoning district and principal permitted
structures, onerous siting criteria removed from the current ordinance, a
provision for rescission where such uses operate outside of their
original purpose and intent, definitions updated, protection of public
health, safety, and welfare, and the Conditional Use process applied for
such facilities. On October 18, 2017, the Planning & Zoning Board
reviewed and recommended unanimously (7-0) that the City
Commission adopt Ordinance No. 06-2017, with the conditions that the
R-2 (two family dwelling district) allow a range of residents from 1-6,
instead of 1-14, and a provision added for closed facilities to continue
care for residents, as needed.
Attachments: Ord No. 06-2017 Community Residential Homes
Ord No. 06-2017 Ex A Final Draft
Staff Report 092217
Ch 419, Florida Statutes
10. OLD BUSINESS:
A. Approval of Contract for Fowler, O’Quinn, Feeney & Sneed, P.A., City Attorney.
Jane K. Shang, City Manager, (386) 878-8850.
Strategic Goal: Internal-External Communications
Background: On October 16, 2017 the City Commission selected Fowler, O’Quinn,
Feeney & Sneed, P.A. for the position of City Attorney. The City
Commission approved Mayor John Masiarczyk Sr., City Manager
Shang and Finance Director Clinger to negotiate a contract with
Fowler, O’Quinn, Feeney & Sneed, P.A. for legal services.
Attachments: City Attorney Contract
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
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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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