City Commission
Regular MeetingDeltona, FL · August 20, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 20, 2018 5:30 PM 2nd Floor Conference Room
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:
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.
Commissioner Nabicht stated he will do a silent invocation unless Pastor Bradley is in
attendance.
A. Invocation Presented by Commissioner Nabicht.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting of July 23, 2018 and
Regular Commission Meeting of August 6, 2018, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
There were no questions or comments on this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Analysis of Impediments to Fair Housing Report,
Presentation by consultant Ms. Kimberly Spence, Florida Housing Coalition
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City Commission Minutes August 20, 2018
- Ron Paradise, Assistant Director, Planning and Development Services
(386) 878-8610.
Strategic Plan: Economic Development - Create more diversified and high-
quality housing.
There were no questions or comments on this item.
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
Mayor Masiarczyk asked if there were any City Commission requests or reports.
Commissioner Bradford stated she had something but, could not locate her notes. She
added she may be able to do it at the end.
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.
City Manager Shang stated she believed Pastor Bradley will providing an update on the
meeting under Public Forum tonight.
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. Public Hearing - Resolution No. 2018-52, request by CSC Properties to
reimburse 50% ($26,402.56) as part of the City economic development
package fund for the reinforcement of City utilities associated with the
development of a fast food restaurant at 499 Howland Blvd. - Jerry Mayes,
Economic Development Manager (386) 878-8619.
Strategic Goal: Economic Development, focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk stated this item is a request by CSC Properties to reimburse 50% of the
econimic development package for utilities and he asked if anyone had any questions or
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concerns.
Commissioner Honaker asked if this item should be pulled for discussion as CSC originally
requested 60% and the City's policy is 50%. City Manager Shang responded that CSC has
excepted the 50% so there shouldn't be any discussion as 50% is the policy.
There were no other questions or concerns.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 08-2018, Amending the City of Deltona Land
Development Code to add the definition of “flex space” (Chapter 70); add
flex space to the list of permitted uses within the C-2 zoning; and remove
“stamp redemption centers” from the C-2 list of permitted uses (Chapter
110), at second and final reading - Ron A. Paradise, Assistant Director,
Planning and Development Services (386)878-8610.
Strategic Goal: Economic Development, determine a business niche for
the City to target/pursue.
There were no questions or comments on this item.
B. Public Hearing - Ordinance No. 09-2018, Evaluation & Appraisal Report
Amendment to the Comprehensive Plan, at first reading - Ron A. Paradise,
Assistant Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - update the economic
development plan, including the Land Development Code.
Mayor Masiarczyk stated we can discuss this downstairs, however, if you did not go to the
very last page and read that it is confusing. He stated the information that was brought to
the Commission by City Attorney Segal-George was late getting back from printing and that
last page will be inserted in the proper section before signing; that was not clear when you
read the document.
City Attorney Segal-George stated the revised policy totally agrees with the City's
ordinance regarding sewer and in fact it strengthens it because the sentence that she put in
there talks about that fact. She stated we had received a call from the Health Department
about that ordinance so it mentions the fact that Deltona has very limited sewer to begin
with. She stated it is not like there is sewer all over the place and the City is just purposely
not making people connect and polluting the water unnecessarily. She added it puts the
decision the Commission made into context.
Commissioner Honaker stated there is a Scribners error on Page 155, Table 1 in the clean
version regarding the section of Howland from Courtland to Tabb being currently 2 lanes but
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it is currently 4 lanes.
There were no other comments on this item.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY ATTORNEY COMMENTS:
City Attorney Segal-George stated she will bring up an item that the Commission was
copied on under City Attorney comments regarding public records.
13. CITY MANAGER COMMENTS:
City Manager Shang stated she is going to address a couple of administrative issues in
regards to the next workshop and and the next Commission Meeting which is a budget
meeting.
14. CITY COMMISSION COMMENTS:
Commissioner Bradford asked if at this meeting the Commission was going to be doing
anything for the YMCA. City Manager Shang responded that will be on the September 5th
meeting but, Commissioner Bradford will not be at the meeting. It was suggested
Commissioner Bradford write out comments and the comments can be read into the record
by City Manager Shang.
Commissioner Bradford stated the other item that had been brought up was the Guardian
Program. Mayor Masiarczyk suggested Commissioner Bradford can bring it up at the
meeting.
There were no other comments.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:36 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, August 20, 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 Nabicht.
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 July 23, 2018 and
Regular Commission Meeting of August 6, 2018, as presented. - Joyce Raftery,
City Clerk (386) 878-8502.
Background: N/A
Attachments: July 23, 2018 SCM Minutes
August 6, 2018 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - Analysis of Impediments to Fair Housing Report, Presentation by
consultant Ms. Kimberly Spence, Florida Housing Coalition - Ron Paradise,
Assistant Director, Planning and Development Services (386) 878-8610.
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City Commission Agenda August 20, 2018
Strategic Plan: Economic Development - Create more diversified and high-
quality housing.
Background: An Analysis of Impediment (AI) report represents a community profile
regarding housing, socio-economic status, lending practices, and other
matters relating to housing and the availability thereof for low and
moderate income families.
The City as a Community Development Block Grant (CDBG)
entitlement community is mandated by the U.S. Department of Housing
and Urban Development to prepare an AI report every five years.
The City hired the Florida Housing Coalition to prepare the AI for the
City. As part of the required public participation process, Ms. Kimberly
Spence from the Florida Housing Coalition will provide an update to the
City Commission regarding the AI report.
A power point prepared by Ms. Spence is attached.
Attachments: Deltona AI Commission Meeting Presentation
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
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. Public Hearing - Resolution No. 2018-52, request by CSC Properties to
reimburse 50% ($26,402.56) as part of the City economic development
package fund for the reinforcement of City utilities associated with the
development of a fast food restaurant at 499 Howland Blvd. - Jerry Mayes,
Economic Development Manager (386) 878-8619.
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Strategic Goal: Economic Development, focus on Howland Blvd. as the
gateway for commercial growth.
Background: On June 19, 2017 the City approved an economic development
incentive fund to promote business development by improving public
infrastructure, etc. The fund currently contains about $1,000,000.
On November 2, 2017 the Development Review Committee approved
a Dunkin’ Donuts fast food restaurant at 499 Howland Boulevard
(intersection of Howland and Ft Smith Boulevards). After the project
was underway, the developer, CSC Properties, was required to add
additional reinforcement under the Howland Blvd. entrance driveway to
protect the City’s 24 inch water main. This situation resulted in an extra
cost to the developer of $52,805.12. The $52,805.12 quote, presented
as a change order, is attached.
To defray the unexpected cost needed to protect the City utility line,
CSC Properties has requested a shared cost allocation with the City .
The developer has requested $33,660 from the City. This represents an
approximate 60% share of the costs. The remaining 40% is proposed
to be paid by the developer. When the economic development
incentive fund was established, the City Commission indicated a 50% /
50% arrangement would be an appropriate cost share ratio for
infrastructure improvements. Therefore, staff is suggesting a 50% /
50% cost sharing arrangement be applied to this request resulting in an
incentive amount from the City of $26,402.56. This amount would only
be disbursed to the developer after the improvements are made and
pass inspection by the City.
Attachments: Price Quote for Reinforcements
Resolution No. 2018-52
2018-075 Econ Dev to GF
2018-076 Developer
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 08-2018, Amending the City of Deltona Land
Development Code to add the definition of “flex space” (Chapter 70); add flex
space to the list of permitted uses within the C-2 zoning; and remove “stamp
redemption centers” from the C-2 list of permitted uses (Chapter 110), at
second and final reading - Ron A. Paradise, Assistant Director, Planning and
Development Services (386)878-8610.
Strategic Goal: Economic Development, determine a business niche for the City
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City Commission Agenda August 20, 2018
to target/pursue.
Background: Over the last 30 years the need for less traditional commercial space
has greatly expanded. The trend has been towards a flexible mix of
spaces such as office, show room, retail, and assembly/clean light
production areas in one building. This type of use is referred to as Flex
Space and is highly sought after by small business and is often utilized
by start-up businesses and entrepreneurs. Flex Space accommodates
a range of companies including start-ups to well-established
businesses. Flex Space is in high demand. TEAM Volusia has stated
that all of the established Flex Space in Southwest Volusia County is
occupied.
Flex Space is not a traditional industrial or heavy commercial use. Flex
Space buildings generally resemble commercial retail or office
structures. Flex Space can be occupied by a wide range of
employment generating end users such as small scale producers,
construction trade offices, bakeries, small scale shipping /packaging
operations, etc.
The intent is to define Flex Space as part of Chapter 70 as follows:
Mixture of climate controlled office and/or retail showroom with work
space that may or may not be climate controlled. Flex space can be
used for office and retail uses along with general service activities,
storage, staging, assembly, and/or light production.
In addition, Flex Space would be added to the list of principal uses
under the C-2 zoning classification. The C-2 is a more intensive
commercial oriented zoning category typically applied to land
associated with high volume thoroughfares.
Finally, City Staff also recommends removal of stamp redemption
centers from the C-2 General Commercial Zoning District list of
permitted principal uses. The term refers to a discontinued line of
trading stamp operations popular in the United States from the 1900s
until the late 1980s. This use is considered obsolete.
Attachments: ORDINANCE 08-2018
Exhibit A
B. Public Hearing - Ordinance No. 09-2018, Evaluation & Appraisal Report
Amendment to the Comprehensive Plan, at first reading - Ron A. Paradise,
Assistant Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - update the economic development
plan, including the Land Development Code.
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Background: Pursuant to Section 163.3191, Florida Statutes (FS), every seven (7)
years the City has the responsibility to evaluate the Comprehensive
Plan (Plan) to determine whether Plan amendments are needed to
reflect changes in State law and local conditions, and to notify the
Department of Economic Opportunity (DEO) of this determination. After
notification to the DEO, the City shall transmit the proposed
amendments within one (1) year of the City’s notification letter.
After the public hearing on August 21, 2017, the City notified the DEO
that amendments are needed to update the Plan (Notification Letter
was received by the DEO on August 28, 2017, ahead of the October 1,
2018 deadline). Thus, the transmittal due date for the Plan amendments
is now August 28, 2018. The proposed amendments reflect changes in
local conditions and State requirements, since the last update of the
Plan in 2010.
The City Commission was presented with a draft copy of the EAR
based Comprehensive Plan amendments in December of 2017 in
preparation for a workshop. At a January 22, 2018 Commission
workshop, there was a consensus the document represented an
appropriate direction. However, there was a suggestion the language
within certain provisions of the Plan could be strengthened. Based on
that suggestion staff did make some minor language changes to the
amendment package.
On June 20, 2018, the Planning and Zoning Board recommended
unanimously with two members absent, the City Commission transmit
the EAR package to the Florida DEO. The Board did suggest language
be added to policy I2-SS1.4 to reflect recent City policy regarding the
connection of existing residential to central sewer (Ordinance No.
11-2018).
However, based on an advertising oversight on the part of a publisher
with local circulation, the Planning and Zoning Board heard the EAR
based amendment package again on July 18, 2018. The P/Z Board
again with two members absent recommended unanimously the City
Commission transmit the EAR package to the Florida DEO. The
recommendation did include language changes to policy I2-SS1.4.
The EAR based amendment package is attached and presented in an
underline and strikethrough format. There is also a “clean” copy of the
EAR based amendments attached. Another and separate attachment
represents the changes to above referenced policy I2-SS1.4.
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Attachments: ORD NO 09-2018 EAR BASED AMENDMENTS
EAR-BASED AMENDMENTS CLEAN DOCUMENT DRAFT 4-16-2018
EAR-BASED AMENDMENTS UNDERLINE-STRIKETHROUGH FORMAT DRAF
REVISED POLICY I2-SS1.4
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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