City Commission Workshop
Regular MeetingDeltona, FL · September 27, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission Workshop
Monday, September 27, 2021 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 8 - Mayor Herzberg
Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
City Attorney
Acting City Manager
Absent: 1 - Vice Mayor Bradford
3. PLEDGE TO THE FLAG:
Commissioner King led everyone in the pledge to the flag.
4. BUSINESS:
A. Discussion and review of food truck ordinance. - John A. Peters, III, P.E.,
Acting City Manager (386) 878-8558.
Strategic Goal: Economic Development
Planning & Development Services Director Ron Paradise stated this is the second
workshop the City has had on mobile food, dispensing vehicles, i.e. food trucks. None of
the regulations here are intended to preclude food trucks from operating within the City. The
state has kind of establish that local governments need to be able to allow these types of
activities. Really these regulations are intended to promote a safe and appropriate location
of food trucks within the community in a manner that comports with City aesthetic standards.
He gave a brief Power Point Presentation to include Florida Statutes Section 509.102,
Existing Regulation, Draft Amendment, Defining Mobile Food Dispensing Vehicle (MFDV),
Proposed Regulations, Food Safety, Location Standards, Fire Safety, Hazards, Additional
Regulations, MFDV Advertising, and MFDV Regulations.
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The Commission, Acting City Manager and staff discussed the difference between
commercial uses, wanting to be safe, business owners’ responsibilities, working with food
trucks, food truck events at City Hall, residents’ perceptions, Florida Fire Prevention Code,
parking and traffic flow, Fire Department representative, notifying stakeholders, business
owner concerns, Article 10 permitting, code compliance, it being a collaborative process,
food truck vendor brochures, the three categories of food trucks, Orlando’s code, number of
employees, finding a balance, investors protecting their investments, the spread of
misinformation, and the number of code violations and documentation.
The Commission, Acting City Manager and staff also discussed House Bill 474 & 1171,
specific examples of problems, documented cases of safety issues, contacting VSO
(Volusia Sheriff's Office) regarding safety concern, regulations/requirements for food trucks,
businesses regulating their parking lot, property owner consent, alcohol license and vendor
menu, a Channel 13 news report, special events, permit fees, fire inspections, gas
inspections, number of trucks per location, developed and undeveloped acreage, the four
different categories, parking requirements, limitation for special events, outside dining,
other cities regulations, the sale of alcohol, F.S. 509.102 and House Bill 1193, Ordinance
No. 25-2014, houses of worship, waste receptacles, itinerant merchants, sign code,
financial undue burden, everyone working together, national parking standards, private
property rights, meeting with vendors, the intent of the meeting, and brick and mortar
businesses.
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.
Lisa Hager, Deltona United Church of Christ, 1639 Foothill Terrace, Deltona, spoke about
allowing food trucks after dusk, limiting permits to one a month, limitation on the number of
food trucks, having a variety of food trucks at one location, pumpkin patch being a special
event, and events put on in 2020.
Joel Dawson, 1028 Avis Lane, Deltona, spoke about speaking with the manager, permitted
events, having zero incidents, being held to higher standards, being a mobile restaurant,
food truck events, making suggestions and rules but, if it is not broken do not fix it.
Joshua Wiley, 1370 Coronet Drive, spoke about reaching out to other food trucks,
socialization and food trucks, Channel 13 interview, working with the Fire Inspector, special
permits, and following the rules.
Elizabeth Chavez, Deltona, spoke about having a non-profit, her recent special event, rules
keeping everyone safe, itinerant merchants, quality of food, and trying to make a living.
Alex Santiago, 2980 Snow Drive, Deltona, spoke about misinformation on both sides,
meeting with the business owners, four-day notice of the meeting, removing houses of
worship, hood inspections, having multiple fire inspections, cost for inspections, not getting
input from vendors, and City Hall event permit fee.
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Maria Eversoll, 824 Selby Street, Deltona, spoke about doing the best for the residents,
different county inspections, having a commissary kitchen, fire extinguishers, the menu, and
allowing tables and chairs.
Vernon Hunt, 2608 Travida Drive, Deltona, spoke about going to McDonalds, not getting
notice of the meeting, no food born illness from food trucks, pop-up inspections, allowing for
other food trucks to attend, and to think of the small businesses.
Mayor Herzberg stated she thinks some things just need to be clarified here. It is hard to
reach every single vendor in any field and more input is needed. Staff has done a lot of work
with this, but she thinks the clarification issue, even for the Commission between special
events, food trucks and itinerant merchants is very muddied. With regards to houses of
worship, what is in there now cannot be addressed because it requires the permitting and
the ordinance has to be replaced with something else. She asked the vendors who are
present to leave their contact information with the girls from the Clerk's Office so that they
can be put on an e-mail list to receive information, for staff and even for Commissioners
who may want to contact them. She asked if all of the food truck vendors stay within Volusia
County or go to other counties and is this a big enough issue where the vendors are having
fire inspections in two counties, that needs to be addressed. She asked if the vendors stay
in Deltona or do they go to other cities and how is when they set-up in other cities. At some
point she would like to reach out and have some of those questions clarified. When the food
trucks go to other cities is it for a special event or is it on a regular basis and hear how
different it is between Deltona and other cities and counties.
Mayor Herzberg and City Attorney Segal-George discussed street vendors and itinerant
merchants, City properties and rights of way, private property, commercial uses, receiving
copies and recognizing other county/city inspections, the ordinance only addressing mobile
vendors licensed by the state, special event permits and whether iterant merchants are
allowed, and not enforcing itinerant merchants.
Mayor Herzberg stated she would like to have discussions with the vendors and to have the
Fire Marshal do an update countywide.
The Commission discussed the best way to communicate with the vendors, not being one
side fits all, due to regulations it is not easy any more, not enforcing what is on the books,
and creating confusion across the board.
6. CITY MANAGER COMMENTS:
7. ADJOURNMENT:
There being no further business, the meeting adjourned at 7:41 p.m.
______________________________
Elizabeth Keys, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission Workshop
Mayor Herzberg
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Monday, September 27, 2021 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. PLEDGE TO THE FLAG:
4. BUSINESS:
A. Discussion and review of food truck ordinance. - John A. Peters, III, P.E., Acting
City Manager (386) 878-8558.
Strategic Goal: Economic Development
Background: The City for many years has managed food truck and other itinerate
merchant activity by allowing such uses on commercially zoned
properties that were associated with developed and active commercial
uses. Food sales could have occurred on house of worship property.
Itinerate merchant activity has ranged from a typical food truck to
makeshift vendors selling household goods out of a car trunk.
With regard to food truck operations, referred to as mobile food
dispensing vehicles (MFDV) by State law, the State of Florida in 2020
preempted local licensing or permitting of food trucks. In addition, the
State indicated a local government cannot preclude food trucks within a
jurisdiction but a local government still had the ability to manage food
truck location, hours of operation, etc. to ensure public, health, welfare
and safety.
With regard to State law and direction from the City Commission to
address food truck operation, City staff has promulgated regulations to
manage the location and operation of food trucks. The proposed
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City Commission Workshop Agenda September 27, 2021
regulations are attached in the form of a draft ordinance. Highlights of
the proposed regulations are as follows:
1. Mobile food dispensing vehicles (MFDV) are defined. This
definition is predicated on the State definition of a MFDV.
However, language has been added to address matters unique
to the City.
2. Information is required to submit to the City in order to review
food truck locations:
a. Department of Business and Professional Regulation
license;
b. Fire safety inspection report;
c. Notarized authorization of land owner to authorize food truck
operation on site;
d. An at scale site plan so the City can ensure proper location.
The site plan can be based on a scaled aerial photo
downloaded from the internet; and
e. To ensure a level of food safety a menu of food being sold.
3. There are location standards:
a. Located in C-1, C-2 or C-3 zoned areas;
b. May be allowed on BPUD, MPUD or IPUD if a noted
permitted use within a respective D.A.;
c. Cannot be located on vacant land, non-active non-residential
property or residentially used property;
d. Actively developed house of worship property maybe
eligible;
e. MFDV must be located on a paved surface and not within
any right of way;
f. Must be adequate parking for the existing business or use
and enough parking to accommodate the food truck
operation; and
g. MFDV activity must be consistent with the Florida Fire
Prevention Code.
4. Hours of operation limited to 8:00 am to 10:00 pm.
5. Businesses (commercial or industrial) with more than 100 or
more full time employees per 8 hour shift may have multiple
MFDV. However, these uses must still comply with the site
planning requirements.
6. Advertising is limited to identifying copy on the MFDV. No signs,
banners, flags, etc.
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7. MFDV operating under an approved special event permit
(Chapter 10) are exempt from the terms of this section.
8. City Code Compliance will be responsible for enforcing this
ordinance. Land owners will be responsible for MFDV activity.
Please note: This amendment will not impact how special events under
Chapter 10 of the City Code of Ordinances are conducted and
otherwise managed. In addition, this ordinance proposal is specific to
one type of itinerate merchants - food trucks/MFDV.
There has been some interest in the subject food truck regulations. City
staff has created a stakeholder list of interested parties. Those parties
have been provided with a copy of the proposed regulations and have
been informed of this meeting.
OPTIONS: N/A.
Attachments: Food Truck Ordinance
MOBILE FOOD DISPENSING VEHICLES_a
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.
6. CITY MANAGER COMMENTS:
7. 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 3 business days in
advance of the meeting date and time at (386) 878-8500.
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