City Commission
Regular MeetingDeltona, FL · November 5, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 5, 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. He stated tonight is going to be different in
that we will have the invocation by Commissioner McFall, then we will have the JROTC
present the colors, then we will do the Pledge to the Flag and then we will have the singing
of our National Anthem.
A. Invocation Presented by Commissioner McFall.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Masiarczyk stated next will be the Approval of the Minutes.
There were no comments or questions.
A. Approval of minutes - Executive Session Meetings of September 10th,
September 19th, October 4th and Regular Commission Meeting of October
15th, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
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Mayor Masiarczyk stated next are the presentations where we will recognize the Deltona
High School JROTC Army Cadets, then the Super Stars of the Month and the Quarterly
Reports which are all written reports.
City Manager Shang suggested Mayor Masiarczyk do the Shout Out for the Deltona Wolves
Cheerleading Team as they will be attending a competition in Orlando after the JROTC.
A. Super Star Student of the Month Certificates for October 2018
B. Recognition - Deltona High School JROTC Army Cadets: Cadet Matilyn
Million, Cadet Grimaldy Rolon, Cadet Mariana Suarez, Cadet Yarielis Velez
and Cadet Christian Catalano and Army JROTC Instructors: Lieutenant
Colonel (Retired) Alvesta Moore-Lobban and Sergeant Major (Retired)
Harold Middleton.
C. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk stated next is the City Commission Special Reports and Requests and
he asked if anyone will have a report.
Commissioner Bradford stated she will have a report on the results from the FDLE which is
actually positive. Mayor Masiarczyk asked if Commissioner Bradford wanted to do the
report under Commission Comments. Commissioner Bradford responded it is a special
report from the FDLE based on the review from all the allegations that were being made
and were presented to the FDLE. She stated the FDLE has said they will not be coming
back with an investigation of the City and she is just going to read the email.
It was determined that she would read the email under Special Reports.
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.
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8. CONSENT AGENDA:
A. Request Approval for a Cost-Share Agreement # 33771 between the St.
Johns River Water Management District (SJRWMD) and the City of Deltona
relating to the Reclaimed Water Retrofits Project - Dave Denny, Acting
Public Works Director (386) 878-8973.
Strategic Goal: Infrastructure
Mayor Masiarczyk stated the next item is 8A on consent and is a cost share agreement. He
asked if there were any comments.
There were no comments or questions.
B. Request Approval for a Cost-Share Agreement # 33789 between the St.
Johns River Water Management District (SJRWMD) and the City of Deltona
relating to the Deltona West Volusia Suppliers Aquifer Recharge Phase 1
Project - Dave Denny, Acting Public Works Director (386) 878-8973.
Strategic Goal: Infrastructure
Mayor Masiarczyk stated the next item on Consent is 8B and is another cost share
agreement. He asked if there were any comments.
There were no comments on this item.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2018, a continuance to a date certain of
November 19, 2018 for a rezoning (RZ18-001) for a +113.4 site from R-1AA
to Residential Planned Unit Development - Ron A. Paradise, Assistant
Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified &
high-quality housing opportunities to provide for all market demands.
Mayor Masiarczyk stated the next item 9A is a request for a continuance of Ordinance No.
05-2018 which is a rezoning for a residential planned unit development. He stated the
question was asked before and while the attorney is present that if someone cannot make
the continuance meeting on November 19, 2018 and they are here for that item he will only
allow them to speak. He stated they will need to fill out a Request to Speak form. City
Attorney Fowler responded if Mayor Masiarczyk wishes to hear them he can. Mayor
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Masiarczyk stated then we will hear them to get it on the record for that item and then move
on to the next item. He stated we will not be opening the item up for discussion or
questions.
B. Public Hearing - Resolution No. 2018-64, A continuance to a date certain of
November 19, 2018 for a Conditional Use requesting a house of worship at
590 Fort Smith Boulevard - Ron A. Paradise, Assistant Director, Planning
and Development Services (386) 878-8610.
Strategic Goal: Internal and external communication
Mayor Masiarczyk stated the next item 9B is a continuance and is the same thing with the
same conditions that if somebody wants to speak and they cannot be here on for the
November 19th meeting he will allow it.
Commissioner Honaker asked why this item needed to be continued, it is not the same as
item 9A. He stated the Planning & Zoning (P&Z) Board voted unanimously to move forward
and he asked who requested the continuance. Vice Mayor Herzberg responded the
applicant made the request. Commissioner Honaker stated P&Z supported this item and
that is why he questioned why it was being continued. Mayor Masiarczyk responded there
must be some reason the applicant asked for the item to be delayed and the Commission
does not have any choice; the applicant still has the right to come to the City Commission
and plead their case, P&Z is just a recommendation. Mr. Paradise clarified this is a
different house of worship than before, it is on Ft. Smith. Mayor Masiarczyk stated in that
case we will follow the same format as item 9A.
10. OLD BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
Mayor Masiarczyk commented that there was some kind of campaign mailer that shows a
chart that lists people and it indicates they did not vote going around that a resident
received. He stated the resident brought it to him expressing some concern. He stated he
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read it and he also had concerns and just wanted to bring it to the Commissioners'
attention. Commissioner Nabicht asked what it had to do with the Commission and
suggested the resident should contact the Supervisor of Elections.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:42 p.m.
____________________________________
Janet Day, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Monday, November 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 McFall.
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 - Executive Session Meetings of September 10th,
September 19th, October 4th and Regular Commission Meeting of October
15th, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: September 10, 2018 Executive Session
September 19, 2018 Executive Session
October 4, 2018 Executive Session.pdf
October 15, 2018 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for October 2018
Background: Super Star Student of the Month awards for October 2018 will be
presented to:
1. Deltona Lakes Elementary, Alondra Ramos-Adames, 4th grade
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2. Discovery Elementary, Xavier Ocasio, 4th grade
3. Enterprise Elementary, Andrew Bouchard, 1st grade
4. Forest Lake Elementary, Alivia Bebout, 3rd grade
5. Friendship Elementary, Nicole Elias, 1st grade
6. Pride Elementary, Gianna Hess, Kindergarten
7. Spirit Elementary, Braylon Simms, 1st grade
8. Sunrise Elementary, Roy Decosta, 4th grade
9. Timbercrest Elementary, Jimmie Chambers, 1st grade
10. Volusia Pines Elementary, Natalie Crawford-Holness 4th grade
11. Deltona Middle, Kamal Jeffery, 7th grade
12. Galaxy Middle, Kevin Nguyen, 7th grade
13. Heritage Middle, Emma Gulden, 6th grade
14. Deltona High, Christina Zhang, 11th grade
15. Pine Ridge High, Jadyn Heard, 10th grade
16. University High, Shaniya Smith, 12th grade
Attachments: October 2018 Super Star Student Achievements
B. Recognition - Deltona High School JROTC Army Cadets: Cadet Matilyn Million,
Cadet Grimaldy Rolon, Cadet Mariana Suarez, Cadet Yarielis Velez and Cadet
Christian Catalano and Army JROTC Instructors: Lieutenant Colonel (Retired)
Alvesta Moore-Lobban and Sergeant Major (Retired) Harold Middleton.
Background: The U.S. Army Junior Reserve Officer Training Corps (JROTC) is a
program offered to high schools that teaches students character
education, student achievement, wellness, leadership, and diversity. It
is a cooperative effort between the U.S. Army and the high schools to
produce successful students and citizens, while fostering in each school
a more constructive and disciplined learning environment. The
outcomes of the JROTC program are:
· Act with integrity and personal accountability as they lead others
to succeed in a diverse and global workforce
· Engage civic and social concerns in the community,
government, and society
· Graduate prepared to excel in post-secondary options and
career pathways
· Make decisions that promote positive social, emotional, and
physical health
· Value the role of the military and other service organizations
With the school’s support, the JROTC program achieves these
outcomes by using a world-class 21st Century, technology
driven, student centered curriculum. The curriculum consists of
education in citizenship, leadership, social and communication
skills, physical fitness and wellness, geography, and civics.
C. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce
Raftery, City Clerk (386) 878-8502.
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Background: Quarterly Reports of City Advisory Boards/Committees:
1) Deltona Economic Development Advisory Board - (Written Report
Only)
2) Planning and Zoning Board - (Written Report Only)
3) Firefighters’ Pension Plan Board of Trustees - (Written Report Only)
4) Team Volusia - (Written Report Only)
Attachments: DEDAB Third Quarter 2018 Report
P&Z Third Quarter 2018 Report
FFPP Third Quarter 2018 Report
Team Volusia Third Quarter 2018 Report
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. 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 for a Cost-Share Agreement # 33771 between the St. Johns
River Water Management District (SJRWMD) and the City of Deltona relating to
the Reclaimed Water Retrofits Project - Dave Denny, Acting Public Works
Director (386) 878-8973.
Strategic Goal: Infrastructure
Background: The SJRWMD has issue requirements in the City’s Consumptive Use
Permit (CUP) that require the City to, among other things, expand its
reclaimed water system or face reductions in its groundwater allocation
for potable water production.
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The St. Johns River Water Management District (District) is continuing
its Cooperative Cost Share Initiative Program in Fiscal Year (FY)
2018-2019 to develop and implement resource and water supply
development projects and promote conservation. On April 10, 2018, the
District’s Governing Board approved funding for Cooperative Cost
Share projects. Each project selected for funding will have a positive
benefit to one or more of the District’s core missions; including water
supply, water quality, natural systems or flood mitigation.
The City will retrofit existing residential neighborhoods and one sports
complex with reclaimed water lines, including activation of existing dry
reclaimed water lines. The retrofit water source will provide reclaimed
water to replace the current use of potable water irrigation and irrigation
by wells.
In order to meet the requirements of the SJRWMD cost-share
agreement, the agreement must be approved and submitted to their
office before November 16, 2018.
In addition to the four (4) projects listed above we have recently added
Saxon Ridge. We have authorized the design for interconnecting our
reclaimed line to the reclaimed lines previously installed in Saxon
Ridge. We currently do not have a cost share agreement for this project
but will be submitting an application in the near future. This project is
also located in the Priority Focus Area and will benefit the Minimum
Flow Levels Recovery Strategy for Volusia Blue Springs.
Attachments: 33771 City of Deltona Reclaimed Agreement
B. Request Approval for a Cost-Share Agreement # 33789 between the St. Johns
River Water Management District (SJRWMD) and the City of Deltona relating to
the Deltona West Volusia Suppliers Aquifer Recharge Phase 1 Project - Dave
Denny, Acting Public Works Director (386) 878-8973.
Strategic Goal: Infrastructure
Background: The SJRWMD has issue requirements in the City’s Consumptive Use
Permit (CUP) that require the City to, among other things, expand its
reclaimed water system or face reductions in its groundwater allocation
for potable water production.
The St. Johns River Water Management District (District) is continuing
its Cooperative Cost Share Initiative Program in Fiscal Year (FY)
2018-2019 to develop and implement resource and water supply
development projects and promote conservation. On April 10, 2018, the
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District’s Governing Board approved funding for Cooperative Cost
Share projects. Each project selected for funding will have a positive
benefit to one or more of the District’s core missions; including water
supply, water quality, natural systems or flood mitigation.
The Project is located in Deltona adjacent to the Alexander Avenue
Water Resources Facility (WRF). The Project will construct a 20-acre
Rapid Infiltration Basin (RIB). The RIB will accept up to 1.0 MGD of
reclaimed water, treated surface water, and stormwater.
In order to meet the requirements of the SJRWMD cost-share
agreement, the agreement must be approved and submitted to their
office before November 16, 2018.
Attachments: 33789 Deltona WVWS Aquifer
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2018, a continuance to a date certain of
November 19, 2018 for a rezoning (RZ18-001) for a +113.4 site from R-1AA to
Residential Planned Unit Development - Ron A. Paradise, Assistant Director,
Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified & high-quality
housing opportunities to provide for all market demands.
Background: The City of Deltona received an application for a rezoning to change
the zoning on a ±113.4 acre parcel from R-1AA to Residential Planned
Unit Development (RPUD). The project is planned to feature 259
detached residential units on individual lots. Under the existing R -1AA
zoning the property has a gross density of 385 units. The project, known
as Hampton Oaks, is located north of Spirit Elementary school and
Lake Baton Estates and east of the Sterling Silver neighborhood. The
property, as designed, has three access points: Meadowlark Dr .,
Alabaster Way and Pearl Tree Road. The project features community
amenities including a 28 acre nature preserve. For more information
relating to the project see the attached staff report and related graphics.
All PUD zoning actions are associated with a written Development
Agreement (DA). The Hampton Oaks DA is attached. The DA
illustrates how the property will be developed by articulating
requirements such as a minimum lot sizes, setbacks, etc. However
after the agenda for the Planning and Zoning Board was prepared, City
staff and the applicant have continued to work on Section 6.m. of the
attached DA. Section 6.m. addresses the development of model
homes. After conducting further research, including how other
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municipalities manage model home development, staff is proposing
Section 6.m. of the DA be changed. Proposed Section 6.m language is
attached as a stand-alone document.
On October 17, 2018, the Planning and Zoning Board heard the
Hampton Oaks RPUD rezoning request. After weighing information and
input from staff, the applicant and concerned citizens, the Planning and
Zoning Board with one member absent voted unanimously to forward
this ordinance to the City Commission with a recommendation to deny
the RPUD rezoning request. The concerns expressed which led to the
aforementioned recommendation were as follows:
1) Traffic
2) Drainage
3) Too many lots proposed
In light of the recommendation by the Planning and Zoning Board, on
October 18, 2018, the applicant requested the City Commission grant
a continuance to the November 19, 2018 City Commission meeting.
The e-mail transmission is attached.
Attachments: Ord No. 05-2018 Hampton Oaks RPUD
Staff Report Hampton Oaks RPUDsept18
Exhibit A - HAMPTON OAKS Residential PUD DA Draft Document
Exhibit B - Legal Description
Exhibit C- Hampton Oaks MDP
Aerial Photo
Existing Zoning
FLU Map
Location Map
Proposed Zoning
Soils Map
Update to Section 6.m. of the D.A.
Request for Continuance
B. Public Hearing - Resolution No. 2018-64, A continuance to a date certain of
November 19, 2018 for a Conditional Use requesting a house of worship at 590
Fort Smith Boulevard - Ron A. Paradise, Assistant Director, Planning and
Development Services (386) 878-8610.
Strategic Goal: Internal and external communication
Background:
The applicant is requesting a Conditional Use approval for a house of
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worship on an approximately 3.3 acre parcel. The plan is to construct a
13,942 square foot house of worship facility with ancillary parking,
landscaping, stormwater, fenced playground, pavilion, and basketball
court. The request is for a house of worship and does not include a
private school or daycare facility. For more information on this request
please see the attached staff report.
On October 17, 2018 the Planning and Zoning (P/Z) Board heard the
Conditional Use request. After hearing testimony in support of the
proposal and reviewing other information, the P/Z Board unanimously
with one member absent recommend the City Commission approve the
Conditional Use request.
Finally, consistent with Sec. 110-1102(e) of the Land Development
Code this or any conditional use request must be approved with a 5
vote super majority.
Attachments: Staff_Report 10-2-2018
maps combined
Resolution 2018-64 Lighthouse pentecostal 590 ft smith
letter of conditional use
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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