City Commission Workshop

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Workshop Saturday, January 30, 2021 9:00 AM Deltona Commission Chambers Joint Meeting With P&Z Board A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. 1. CALL TO ORDER: The meeting was called to order at 9:00 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 9 - Mayor Herzberg Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Acting City Manager City Attorney Planning & Zoning Board Member: Present 7 - Member Bowman Member Northey Member Munoz (Arrived at 9:04 a.m.) Member Storozuk Alternate Member Berk Alternate Member Dr. Pfeffer Alternate Member Trombetta Absent 2 - Chairman Putkowski City of Deltona Page 1 Printed on 12/2/2021 City Commission Workshop Minutes January 30, 2021 Vice Chairman Kennedy Alternate Member Rodriguez 3. PLEDGE TO THE FLAG: Mayor Herzberg led everyone in the pledge to the flag. 4. BUSINESS: A. Presentation and discussion by Attorney Clifford B. Shepard with the law firm Shepard, Smith, Kohlmeyer & Hand, P.A. on quasi-judicial proceedings - Acting City Manager John A. Peters, III, P.E., (386) 878-8850. The Acting City Manager gave a brief explanation regarding the purpose of the meeting and introduced Attorney Cliff Shepard. Attorney Clifford B. Shepard with Shepard, Smith, Kohlmyer and Hand, P.A., presented a PowerPoint Presentation on Conducting Quasi-Judicial (QJ) Hearings on Land Use Matters. The presentation included an Outline, P&Z Board as LPA (Local Planning Agency), Setting Policy = Legislative, Legislative Hearing Process, Fairly Debatable Standard of Review, Apply Code and Comp Plan = Quasi-Judicial, Quasi-Judicial Hearing Process, Affected Parties? Objectors with Standing to Sue, Burden of Proof for Quasi-Judicial Matters, Variances-Applicability, Variance Standards, Competent Substantial Evidence, Findings of Fact, Ex-parte Communications, Deltona Code Article I, Sec. 2-2 provides, Bias in Quasi-Judicial Hearings, Voting Conflict of Interest Statute Allows Abstention for Quasi-Judicial Bias, QJ Hearing Standard of Review, Best Practices for Quasi-Judicial Decisions, More Best Practices, Even More Best Practices and Questions. The City Commission, Acting City Manager, Planning and Zoning (P&Z) Board, and Attorney Shepard discussed affected parties, evidence, fairness, public input, final application, the DRC (Development Review Committee) process, witnesses and experts, appeals versus final decisions, interpretation of the Code, tangible affect, notice and minimum standards, reasonable proximity, character of a neighborhood, economic impact and persons with standing, Alternate Member Dr. Pfeffer left the meeting at 10:07 a.m. and returned at 10:10 a.m. The City Commission, P&Z Board, and Attorney Shepard discussed cross examination, weight of evidence, and what the bodies have to believe. Commissioner Ramos left the meeting at 10:10 a.m. and returned at 10:12 a.m. The City Commission, P&Z Board, and Attorney Shepard discussed the right to argue, evidence, appeals, future impact, unfunded development, negotiating circumstances, and different viewpoints of elected and appointed bodies. City of Deltona Page 2 Printed on 12/2/2021 City Commission Workshop Minutes January 30, 2021 Commissioner McCool left the meeting at 10:21 a.m. and returned at 10:23 a.m. Member Storozuk left the meeting at 10:24 a.m. and returned at 10:25 a.m. The City Commission, P&Z Board, and Attorney Shepard discussed evidence, proof and qualified experts. Mayor Herzberg called a break at 10:31 a.m. and reconvened at 10:45 a.m. Member Storozuk left the meeting at 10:45 a.m. Mayor Herzberg reminded everyone to not mention specific developments that may come before each body, and keeping all questions and comments in a general nature. Commissioner McCool left the meeting at 11:07 a.m. and returned at 11:09 a.m. Commissioner McCool left the meeting at 11:14 a.m. and returned at 11:15 a.m. The City Commission, Acting City Manager, City Attorney, P&Z Board, and Attorney Shepard discussed notices, notice to affected parties, ex-parte communication and social media, circumstances for variances, Commissioner and board members bias', preconceived proclivity, competent evidence, following the Comp Plan, Code of Ordinances Sec. 110-1103(a)(1) a.- d., variance related to physical handicaps, criteria needing to be met, Staff Report, stating reasons for a vote, reasons for Code changes, organized site visits, disclosure, presentation of new evidence, conversations between board members and the Commission, conflict related to approval/denial of projects. 5. PUBLIC COMMENTS: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. 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. Resident asked about the process of changing the zoning. Attorney Shepard replied it must be consistent with the Comprehensive Plan. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about written communication and it being available during the hearings. Attorney Shepard replied it is best practice and required for due process and the City Attorney stated it also includes social media posts. The Commission, City Attorney, P&Z members, and Attorney Shepard discussed providing social media posts to the Clerk, applicants right to cross examine Commissioners and affected parties, expressing opinions, communication and minding your words. 6. CITY MANAGER COMMENTS: The Acting City Manager thanked Attorney Shepard for his outstanding presentation and stated that the next two workshops will be ethics training, working with League of Cities at City of Deltona Page 3 Printed on 12/2/2021 City Commission Workshop Minutes January 30, 2021 The Center, and the other will be on public records laws. He also thanked Debary's Vice Mayor Ms. Phyllis Butlien for attending. 7. ADJOURNMENT: There being no further business, the meeting adjourned at 12:21 p.m. ________________________________ Elizabeth Keys, DEPUTY CITY CLERK City of Deltona Page 4 Printed on 12/2/2021