City Commission
Regular MeetingDeltona, FL · March 5, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, March 5, 2018 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: 6 - Commissioner Honaker
Commissioner Nabicht
Commissioner Ramos
Vice Mayor Herzberg
Mayor Masiarczyk
City Attorney
Excused: 1 - Commissioner Bradford
Absent: 1 - Commissioner Alcantara
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
Mayor Masiarczyk stated he wanted to bring up before we get started but he does not think
he will bring it up at the meeting. He stated for about the last six (6) years the former Air and
Space Curator at the Smithsonian Institute has come down for three (3) months each year
and he volunteers at the Veterans Memorial Park on Saturdays and Sundays. He
commented the gentleman fell on Sunday and hurt himself and at 88 it will take a while to
heal so, he is not sure the gentleman will be coming back. He stated he would like to give
the gentleman a key to the City or something as ceremonial head on behalf of the
Commission if there is no objection. He added the gentleman also helped to design the Air
and Space Center at Kennedy Space Center and has been a lot of help to the Veterans
Museum over the years. He will not put it on the agenda as the gentleman does not drive at
night but will have cake at the Museu before he goes.
A. Invocation Presented by Commissioner Bradford - Pastor William Bradley,
New Hope Baptist Church.
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Mayor Masiarczyk commented that Commissioner Bradford will not be here tonight so the
picture is off and he will introduce Pastor Bradley to do the invocation.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Masiarczyk stated the next item is the Approval of the Minutes.
Commissioner Honaker stated he had a couple of things on the minutes.
There were no other comments.
A. Approval of minutes - Regular Commission Meeting of February 19, 2018,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
Mayor Masiarczyk stated the next item is the Super Star Students Certificants.
There were no comments on this item.
A. Super Star Student of the Month Certificates for February 2018
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if there were any Special Reports or Requests.
Vice Mayor Herzberg stated she would have a report on her trip to Tallahassee.
Commissioner Nabicht stated he would have a Transportation Planning Organization (TPO)
report.
Commissioner Honaker stated he had requests, not reports. He asked to discuss if a table
at the Freedom Fund Banquet on JUne 9th could be sponsored as a group, as a City or not.
City Manager Shang suggested if everyone was going to go maybe we would make one (1)
table. She suggested everyone give her a check and she would forward them to Mike
Williams. Mayor Masiarczyk commented that if a Commissioner goes to represent the City
it can be charged back to the Commissioner's expense funds and suggested if six (6) are
going that the City just write a check and list the people that are going rather than each one
(1) file for reimbursement. Commissioner Honaker suggested that if the City becomes a
Gold Sponsor with $1000 the City would receive six (6) tickets plus a full page ad. Mayor
Masiarczyk suggested Commissioner Honaker bring it up tonight at the meeting.
Commissioner Honaker asked to also recognize Maria Russo Hood of Deltona as she was
one (1) of eight (8) Florida kids that were recognized out of 29,000. City Manager Shang
stated she had forwarded that to the Mayor. After discussion, Mayor Masiarczyk agreed it
was okay to recognize her. Commissioner Ramos asked if there is a standardized letter
thar can be used. Mayor Masiarczyk responded we have a Certificate of Appreciation that
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can be prepared and sent out.
Mayor Masiarczyk summarized that we would have reports from Vice Mayor Herzberg,
Commissioners Nabicht, two (2) requests from Commissioner Honaker and that
Commissioner Ramos has asked to speak.
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:
A. Public Hearing - Ordinance No. 01-2018, Rezoning (RZ17-001) for the
Howland Blvd. Storage Facility Business Planned Unit Development
(BPUD), at second and final reading. - Chris Bowley, AICP, Director,
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 an ordinance regarding the rezoning on Howland
for a storage facility for Second and Final Reading. He stated he would be filing a conflict
on this item and abstain from the vote per the City Attorney's advice as he owns property on
Howland near there.
There were no other comments on this item.
B. Public Hearing - Request for approval of Ordinance No. 07-2018, at first
reading and to schedule second and final reading on March 19, 2018. - City
Attorney (386) 878-8873.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
Mayor Masiarczyk stated Item B is an ordinance for first Reading and to schedule the
Second Reading for March 19th to strengthen our code enforcement.
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There were no questions or comments on this item.
C. Public Hearing - Request for approval of Ordinance No. 06-2018, at first
reading and to schedule second and final reading on March 19, 2018. - City
Attorney (386) 878-8873.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
Mayor Masiarczyk state Item C is the first Reading and to schedule the Second and Final
Reading regarding the Business Tax Receipts (BTR).
Commissioner Honaker requested that the Ordinance subject title be included in the future.
There were no other comments on this item.
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Request for appointment of a City representative to the Tourist
Development Council (TDC) for a four year term and the appointment of an
alternate City representative.
Mayor Masiarczyk stated the next item is the appointment to the Tourist Development
Council (TDC) and he asked if the Commission wanted somebody new or does the
Commission want him to continue. It is good for the City to be represented however there is
not a lot that affects the City but you get to meet the Speedway people and the hoteliers. He
offered to finish out the year and he did order a packet if the Commission choses to get
someone else. Commissioner Nabicht is the alternate and he offered to go to the next
meeting.
Assistant City Attorney Segal-George stated the TDC could become a much bigger deal
for the future because the Center qualifies now and she had been told as soon as the
Center opened TDC would be doing advertisement for The Center. She stated she is trying
to find out where the money is being spent and if TDC is truly spending any dollars on The
Center.
Mayor Masiarczyk commented that he and Commissioner Nabicht would attend the next
TDC Meeting. He stated he wanted to add onto Assistant City Attorney Segal-George's
comments that there is new legislation that may give a much broader scope to the TDC and
may help the City more. He stated that the ordinance is still an East West deal however, if
you read the ordinance closely it does talk about the largest city in the county and that this
ordinance was written years ago and he believed the writers of the ordinance probably
never anticipated Daytona Beach not being the largest city.
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There were no other questions or comments on this item.
B. Consideration of Commissioner Herzberg’s appointment to the Parks and
Recreation Advisory Board. - Joyce Raftery, City Clerk’s Office (386)
878-8502.
Strategic Goal: Internal and external communication.
Mayor Masiarczyk stated Item B is Vice Mayor Herzberg's appointment to the Parks and
Rec. Board and he asked if Vice Mayor Herzberg was ready.
There were no comments on this item.
C. Consideration of Mayor Masiarczyk’s appointment to the Ordinance Review
Committee. - Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal and external communication.
Mayor Masiarczyk stated the next Item C is his appointment to the Ordinance Review
Committee (ORC) and he asked to delay the appointment. He stated from looking at both
of the applications he believes the person should have a little more involvement in the
community as this is an important committee.
City Manager Shang stated there is a workshop Monday and we have a topic "Board of
Ajustment and Appeals" for discussion. She stated there had been some discussion
regarding the ORC and this board and the Commission may want to re-invent ORC and it
may be helpful to have this dialogue.
There were no other comments on this item.
12. CITY ATTORNEY COMMENTS:
There were no City Attorney Comments.
13. CITY MANAGER COMMENTS:
There were no City Manager comments.
14. CITY COMMISSION COMMENTS:
There were no City Commission Comments.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:46 p.m.
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_________________________________________
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 Heidi Herzberg
Commissioner Christopher Alcantara
Commissioner Anita Bradford
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Victor M. Ramos
Monday, March 5, 2018 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, 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 - Regular Commission Meeting of February 19, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: February 19, 2018 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for February 2018
Background: Super Star Student of the Month Certificates for February 2018.
1. Deltona Lakes Elementary, Damien Daniels, 5th grade
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2. Discovery Elementary, Jhosielys Fontanez, 1st grade
3. Forest Lake Elementary, Madison Kreutzberger, 5th grade
4. Friendship Elementary, Anaia Bauzo, 5th grade
5. Pride Elementary, Milany Alers, 4th grade
6. Spirit Elementary, Zarielyz Gonzalez-Perez, Kindergarten
7. Sunrise Elementary, Ahlan Rahman, 5th grade
8. Timbercrest Elementary, Kristianna Holcombe, 4th grade
9. Volusia Pines Elementary, Jill Pulley, 5th grade
10. Galaxy Middle, Megan Roemmelt, 8th grade
11. Heritage Middle, Jamie Rachal-Dormand,6th grade
12. Deltona High, Bianca Castillo, 10th grade
13. Pine Ridge High, Aryanna Caraballo, 12th grade
14. University High, Citlali Jimenez, 11th grade
Attachments: February 2018 Super Star Student Achievements
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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. 01-2018, Rezoning (RZ17-001) for the
Howland Blvd. Storage Facility Business Planned Unit Development (BPUD), at
second and final reading. - Chris Bowley, AICP, Director, Planning and
Development Services, (386) 878-8602.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Background: The City of Deltona (City) received an application to amend the zoning
designation on the subject property located at 3035 Howland Blvd. from
C-2 (General Commercial) to Business Planned Unit Development
(BPUD). The subject property is a rectangular-shaped tract of
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±5.09-acres, vacant and forested (see attached staff report) with
dimensions of ±200-ft. x ±1,107-ft.
The applicant is proposing a single-use BPUD to accommodate a
self-storage/mini-warehouse facility on a constrained site. The
applicant proposes building elevations (attached) or similar design.
Storage facilities are typically low traffic generators and have peak use
periods (primarily on weekends). Volusia County provided initial
comments at the rezoning level for a turn lane and the applicant has
provided a turning lane analysis (attached) in response. The applicant
and Volusia County will address access management for safe
ingress-egress for the Use Permit and provide that design on the Final
Site Plan. The applicant is providing additional lands for the required
cross-access easement for Code compliance.
The proposed zoning amendment is consistent with the underlying
future land use designation of Commercial and non-residential zoning
designations to the north, east, and west. The existing C-2 and
proposed BPUD zoning designation provides for more intensive land
uses than the underlying future land use designation and zoning of
Residential Low Density RE-1 (Residential Estate One), respectively,
to the south.
At the Planning and Zoning Board (Board) meeting on January 17,
2018, the Board voted unanimously (7-0) for a recommendation of
approval to the City Commission to adopt Ordinance No. 01-2018. On
February 5, 2018, the City Commission approved the ordinance at first
reading with a vote of (3-2), with one City Commissioner abstaining.
Attachments: Ordinance No. 01-2018
Exhibit A Howland Storage DA 011918
Exhibit B Legal Description
Exhibit C Master Development Plan
Staff Report 010518
Proposed Building Elevations
Boundary Survey
VHB Turn Lane Analysis
B. Public Hearing - Request for approval of Ordinance No. 07-2018, at first
reading and to schedule second and final reading on March 19, 2018. - City
Attorney (386) 878-8873.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
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Background: The City Commission has identified that a need exists to provide
greater clarity as to certain provisions of Chapter 44 - Juvenile Curfew
to more comprehensively define when Law Enforcement may act
concerning possible violations of the juvenile curfew regulations within
the City.
The City Charter specifically authorizes the City Commission to
legislate in matters that are of paramount consideration to protect the
health, safety, welfare, comfort, and quality of life for all citizens.
Attachments: Ordinance No. 07-2018
C. Public Hearing - Request for approval of Ordinance No. 06-2018, at first
reading and to schedule second and final reading on March 19, 2018. - City
Attorney (386) 878-8873.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program.
Background: The City Commission has identified that a need exists to offer a
quicker administrative response concerning possible problems and/or
issues with Business Tax Receipts (BTR) including appeals,
revocations and/or suspension as provided in Sections 22-14 and
22-15 of the City of Deltona Code of Ordinances.
The City Charter specifically authorizes the City Commission to
legislate in matters that are of paramount consideration to protect the
health, safety, welfare, comfort, and quality of life for all citizens.
Attachments: Ordinance No. 06-2018
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Request for appointment of a City representative to the Tourist Development
Council (TDC) for a four year term and the appointment of an alternate City
representative.
Background: Currently, Mayor Masiarczyk is the appointed City representative to the
Tourist Development Council whose term expires March 31, 2018 and
Commissioner Nabicht is the alternate City representative.
This advisory council makes recommendations to the Volusia County
Council for the effective operation of the special projects or of the uses
of the tourist development tax revenue. Members include the County
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Chair, elected officials from municipalities, and persons involved in the
tourism industry. The advisory council meets on a quarterly basis.
Attachments: TDC Appointment E-mail
B. Consideration of Commissioner Herzberg’s appointment to the Parks and
Recreation Advisory Board. - Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: Ms. Gizelle Sierra, Commissioner Herzberg’s appointment resigned
from the Parks and Recreation Advisory Board on January 9, 2018.
The City has run press releases, posted the openings on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Karen Barton, Lissette
Huertas-Kazaks and Dorinda Ortiz.
Attachments: Parks & Recreation Member List
Resignation-Sierra
Application-Karen Barton
Application-Lissette Huertas-Kazaks
Application-Dorinda Oritz
C. Consideration of Mayor Masiarczyk’s appointment to the Ordinance Review
Committee. - Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: Mrs. Sonjia Kihlmire, Mayor Masiarczyk’s appointment resigned from
the Ordinance Review Committee on December 28, 2017.
The City has run press releases, posted the openings on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Denise King and Teresa
Pugliese.
Attachments: Ordinance Review Committee Member List
Resignation-Sonjia Kihlmire
Application-Denise King
Application-Teresa Pugliese
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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