City Commission
Regular MeetingDeltona, FL · July 2, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, July 2, 2018 6:30 PM Deltona Commission Chambers
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Masiarczyk called the City Manager's Agenda Review Meeting to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
Mayor Masiarczyk stated let the record show all Commissioners, the City Manager and the
City Attorney are present.
Present: 8 - Commissioner Bradford
Commissioner Honaker
Commissioner McFall
Commissioner Nabicht
Commissioner Ramos
Vice Mayor Herzberg
Mayor Masiarczyk
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Invocation Presented by Vice Mayor Herzberg.
Mayor Masiarczyk stated Vice Mayor Herzberg has the invocation. Vice Mayor Herzberg
responded she had asked Pastor Shine to present the invocation and if not she will have a
silent invocation.
4. APPROVAL OF MINUTES & AGENDA:
There were no comments or questions on this item.
A. Approval of minutes - Regular Commission Meeting of June 18, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
None.
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6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if anyone had any Special Reports.
Commissioner Nabicht stated he would have a quick report on the Transportation Planning
Organization (TPO).
Commissioner Bradford stated she had a couple of requests; 1) in regards to the letter from
the YMCA and she requested a workshop on this and 2) in regards to the note the
Commission received regarding the Sheriffs and School Board for school resource
deputies. Mayor Masiarczyk responded he believed the City Manager was going to bring
those items up at the meeting. Commissioner Bradford stated she will also be bringing the
issues up for the record.
There were no other comments.
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. Please be courteous and respectful of the views of others. Personal
attacks on Commission members, City staff or members of the public are not
allowed, and will be ruled out of order by the Mayor.
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:
A. Request approval of Resolution No. 2018-42, budget amendment and
expenditures for the Lighting Upgrade at Dupont Lakes Park. - Camille
Hooper, Finance Department (386) 878-8552.
Strategic Goal: Infrastructure upgrade
Mayor Masiarczyk stated next is the budget amendment for the lighting at Dupont Lakes
Park versus Vann Park.
There were no questions or comments in this item.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 10-2018, Rezoning (RZ18-003) Amend the
Deltona Village Business Planned Unit Development, at second and final
reading. - Ron A. Paradise, Assistant Director, Planning and Development
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Services, (386) 878-8610.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk stated next is the Deltona Village Planned Unit Development
amendment at second and final reading.
Vice Mayor Herzberg asked about an email that was sent from the people that were out of
state regarding Section 4 and she read part of the email. She was asked to forward the
email to the City Manager. Mr. Paradise responded that Section 4 regarding the plat matter
is not part of this ordinance; there are only three (3) topics that are part of this ordinance. He
stated the plat matter was remanded back to the applicant for re-tooling.
Commissioner Nabicht asked if that is not the fourth item in the ordinance. Mr. Paradise
responded there are only three (3) items now commenting the ordinance was re-written to
take item #4 out which involved the plat.
Vice Mayor Herzberg asked to clarify that item #4 is going back to Planning & Zoning
(P&Z). Mr. Paradise commented it is in the applicant's court to act. Mayor Masiarczyk
asked Vice Mayor Herzberg to send the email to the City Manager or Mr. Paradise so they
will have the information for that item on the agenda.
Commissioner Nabicht stated that is not what he read in his agenda. Mayor Masiarczyk
responded he had the agenda if Commissioner Nabicht wanted to read his. City Manager
Shang commented the Commission agreed on three (3) of the four (4) requests. Mayor
Masiarczyk commented on the agenda Commissioner Nabicht is right, it does say Items 1,
2 and 3 changed with a fourth amendment request that had asked to change the
development agreement to the following regarding the 20 lots. Mr. Paradise responded the
Staff Report was recycled from the previous agenda. The City Attorney stated it says on
June 4, 2018 the City Commission approved the ordinance with the four (4) mentioned
conditions and remanded with no date certain the fourth condition of 20 non-platted lots
back to the P&Z Board for review and recommendation. The City Manager clarified the
Commission is only proceeding with three (3) conditions of the request. Commissioner
Nabicht stated this agenda memo is confusing and misleading. Mayor Masiarczyk
responded let's make sure the motion is for thre first three (3) conditions.
There were no other questions or comments on this item.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
None.
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12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
City Manager Shang stated she wanted to also bring up a request from Halifax Health
regarding the letter from the Florida Department of Transportation (FDOT) to remove the
request for the roadway. Mayor Masiarczyk asked the City manager if she could not just do
that since there is a Resolution approved by the Commission in support of everything
Halifax does and that is something Halifax has to do. City Manager Shang asked if the
Commission was fine with it. It was determined the City Manager should publically mention
it and the Commission will give the City Manager the go ahead.
City Manager Shang stated the last issue she has is an email from Terri Ellis regarding her
request to make power point presentations and if you look at our Policies and Procedures it
is limited to organizations, not individuals, individuals have their four (4) minutes during
Public Forum. Commissioner Bradford commented Ms. Ellis is not an organization, she is a
professional business consultant, so does she have to be a group. Commissioner McFall
commented her group is Deltona Strong. Commissioner Bradford stated she thinks it is
good to bring it up. Mayor Masiarczyk stated the Commission should talk downstairs so the
Commission does not get accused of having the discussion up here but that is not the
issue. He stated the issue is when people come to speak on our time that is when the
Commission has requested it such as a consultant; if the City does allow this then the City
will have to let anybody come in with anything and what Ms. Ellis is wanting to do is put
together a power point and be given a certain amount of time to present it. He stated the
City was also accused of using Ms. Ellis' information as a format and the City did not do
that, it just happened to be some of her information matched what the City did.
Commissioner Bradford commented the City has let certain people like Halifax and the
Nursing Home in Orange City do presentations so the City is either going to do it or not do
it. Mayor Masiarczyk stated lets talk about this downstairs.
There were no other comments.
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:38 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
Vice Mayor Heidi Herzberg
Commissioner Anita Bradford
Commissioner Gary Mitch Honaker
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Commissioner Victor M. Ramos
Monday, July 2, 2018 6:30 PM Deltona Commission Chambers
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 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 - Regular Commission Meeting of June 18, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: June 18, 2018 Minutes (FINAL).pdf
5. PRESENTATIONS/AWARDS/REPORTS:
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. Please be courteous and respectful of the views of others. Personal
attacks on Commission members, City staff or members of the public are not
allowed, and will be ruled out of order by the Mayor.
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:
A. Request approval of Resolution No. 2018-42, budget amendment and
expenditures for the Lighting Upgrade at Dupont Lakes Park. - Camille Hooper,
Finance Department (386) 878-8552.
Strategic Goal: Infrastructure upgrade
Background: In the City Commission Strategic Planning workshop of June 11, 2018
Commissioner Ramos discussed potential upgrades for the lighting
and scoreboards at Dupont Lakes Park, which are aging and soon to
be obsolete. The FY 2017-2018 budget included $355,000 for several
projects for Vann Park which the Commission subsequently put on hold;
the funds for those projects could be redirected to the Dupont Lakes
improvements.
Vendor estimate for the lighting upgrade is approximately $250,000,
and Parks and Recreation staff estimated a cost of $25,000 for
scoreboard upgrades.
After some discussion, the Commission concurred to direct the City
Manager to redirect budget for the Vann Park projects to upgrading the
lighting at Dupont Lakes Park. The Commission also directed that staff
attempt to secure sponsorships to cover the cost of the scoreboard
replacement.
The proposed budget amendment redirects budget of $275,000
($250,000 vendor quote plus 10% contingency for potential retrofitting
costs) from Vann Park projects to Dupont Park lighting upgrades.
As directed, Mark Manning of Parks and investigated possible
sponsorships for the scoreboards, but none were available at this time.
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Attachments: 2018-062 Dupont Lakes Lighting
Resolution 2018-42 Parks Projects Fund Dupont Lakes
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 10-2018, Rezoning (RZ18-003) Amend the
Deltona Village Business Planned Unit Development, at second and final
reading. - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
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 Deltona
Village Business Planned Unit Development (BPUD). Adopted by the
City Commission in 2010, the BPUD is a ±130-acre tract with an
accompanying Final Plat that includes lots, tracts, and outparcels. The
subject site includes the EPIC Theater, Racetrac, Duke Energy
substation, and master stormwater management ponds. The remainder
of the property is vacant; and to keep an agricultural tax exemption
status with the Volusia County Property Appraiser, includes a ranching
operation.
Following modifications from the first reading of Ordinance No.
10-2018 at the June 4, 2018, City Commission public hearing, the
following requested amendments to the BPUD are proposed by the
applicant:
1. Reduce the minimum lot width from 175-ft. to 100-ft.
2. Reduce the minimum lot size from one (1) acre to 10,000 SF
with use of master stormwater management facilities.
3. Change 414 multi-family residential unit approval from
Conditional Use to Permitted Principal Use.
A fourth amendment requested by the applicant is change the
Development Agreement from the following:
“Subdivision of any Lot or Outparcel shown on the approved Plat that
creates a maximum of four (4) twenty (20) new conforming Lots or
Parcels shall be considered a minor amendment, and shall be
approved by City staff as an administrative subdivision and does not
require an amendment to the BPUD, ODP/MDP, the Plat or approval of
the City Commission.”
On May 16, 2018, the Planning and Zoning Board voted unanimously
(6-0), with one member absent, to recommend approval of the attached
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Ordinance No. 10-2018 to the City Commission; allowing only the
minimum lot width reduction from 175-ft. to 100-ft. as listed in the City
staff report. On June 4, 2018, the City Commission approved the
ordinance with the aforementioned conditions and remanded, with no
date certain, the fourth condition of 20 non-platted lots back to the
Planning & Zoning Board for review and recommendation. The City
Commission also allowed the applicant to utilize the existing zoning
amendment application with no new application or fee required and the
potential to include additional proposed amendments to the BPUD.
Attachments: Ord No. 10-2018 060618
Deltona Village BPUD Staff Report
Deltona Village Recorded DCRs
10. OLD BUSINESS:
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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