City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, July 6, 2015 5:30 PM 2nd Floor Conference Room CITY MANAGER AGENDA REVIEW MEETING 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Mayor Masiarczyk. 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Heidi Herzberg Commissioner Gary Mitch Honaker Commissioner Chris Nabicht Commissioner Diane J. Smith Commissioner Brian Soukup Vice Mayor Nancy Schleicher Mayor John C. Masiarczyk Sr. 3. INVOCATION AND PLEDGE TO THE FLAG: The pledge to the flag was led by Mayor Masiarczyk. A. Invocation Presented by Commissioner Soukup - Juan Sali, Family/Youth Pastor, Deltona Alliance Church. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of Minutes - Regular Commission Meeting of June 15, 2015 - Joyce Raftery, City Clerk Department (386) 878-8502. None. 5. PRESENTATIONS/AWARDS/REPORTS: A. Mayor John C. Masiarczyk, Sr.- Presentation-Commissioner Heidi Herzberg Honored with 2015 Home Rule Hero Award. None. 6. CITY COMMISSION SPECIAL REPORTS: 7. PUBLIC FORUM: City of Deltona Page 1 Printed on 8/24/2015 City Commission Minutes July 6, 2015 None. CONSENT AGENDA: All items marked with an * will be considered by one motion unless removed from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item. 8. CONSENT AGENDA: A. Request for Approval of an Easement Document for Wes Crile Park sports field lighting as required by Duke Energy, Florida, Inc.- Steve Moore, Director, (386) 878-8902 There was no discussion. B. Request for approval of the Eastern Waste Water Treatment Plant - Facility Power Service - Gerald Chancellor, Public Works Department (386) 878-8998. There was no discussion. C. Request for approval of Resolution No. 2015-26, Initial Assessment Resolution for the Creation of the Oasis Avenue Street Lighting District - Gerald Chancellor, Public Works Department (386) 878-8950. There was no discussion. D. Interlocal Agreement between the County of Volusia and the City of Deltona to transfer Graves Avenue North to the City of Deltona. Chris Bowley, AICP. 386-878-8602 Commissioner Herzberg stated she wanted to talk about whether the agreement would impact the City one way or the other, would there be any expense road wise and is it only the small portion dedicated and Ms. Shang replied it is only the dead end portion. Mayor Masiarczyk stated the developer would have to tear that portion out and change it with the development. Vice Mayor Schleicher asked if the City knew how the developer planned to design or redesign the road and Mr. Bowley replied “yes”. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 06-2015; Amending Section 6-1, “Hours of Sale,” of Chapter 6 “Alcoholic Beverages”, of the Code of the City of City of Deltona Page 2 Printed on 8/24/2015 City Commission Minutes July 6, 2015 Deltona; Making Hours of Sale Consistent Throughout the Week, at second and final reading - Becky Vose, City Attorney (407) 448-0111 (cell). There was no discussion. B. Public Hearing - Ordinance No. 08-2015; Creating a new Section 1-17, “Ordinance Review Committee”, of Chapter 1, “General Provisions,” of the Code of Ordinances of the City of Deltona - Becky Vose, City Attorney (407) 448-0111 (cell). Commissioner Herzberg asked if there were any applicants and Ms. Day replied “yes” there were five (5). Commissioner Herzberg asked when the time for applying closes and she asked to be notified of the closing date. C. Public Hearing - Ordinance No. 12-2015; Creating a new Chapter 55, “Squatters,” of the Deltona Code of Ordinances, at second and final reading - Becky Vose, City Attorney (407) 448-0111 (cell). Mayor Masiarczyk stated he would like to bring up a couple of issues that he had spoken with the Mrs. Vose about; 1) he and Commissioner Smith received a long letter about the fireworks on the 4th of July and he would like to ask Mrs. Vose to research and put together a letter signed by the Commission to send to the State asking the State to tighten up on the fireworks and take action on the required waiver sheet before someone gets hurt. He stated it is impossible for the Volusia County Sheriffs’ Office to be able to fine the people with the fireworks. Commissioner Herzberg stated the problem is sales, being able to go over to Seminole County or even out of State and bring the fireworks in and she asked what can be done . Mrs. Vose replied the City can have a difference ordinance than the one the County has by putting in time limits, putting in a requirement to be 60 to 80 feet away from a house or building instead of 20 feet which would cut out a lot of people from being able to use the fireworks but, the enforcement is an issue. The Commission discussed that this issue is going on all over, the Commission picking its battles and possibly working through the League of Cities. Commissioner Nabicht stated the State changed the law a couple of years ago which took all the local power from the cities and counties; it cannot be enforced and even if you catch someone the logistics involved with confiscating the fireworks and having the bomb squad come out to get them and dispose of them is very costly just for one (1) incident. Commissioner Honaker stated the City has written a letter to the Tallahassee elected officials, the lobbyist, the Florida League of cities and shown the City that all that can be done has been done in case of any future law suits. Commissioner Herzberg stated she believes it is a public service to tell the residents exactly what the issue is regarding resident’s concerns about fireworks and she asked if City of Deltona Page 3 Printed on 8/24/2015 City Commission Minutes July 6, 2015 there was a way this could be done like in the newsletter or at a Commission Meeting . Commissioner Nabicht responded he had even done Public Service Announcements (PSA) back when he was the Fire Marshal. Commissioner Smith stated she had heard the fireworks situation was getting worse and worse but if the City does its due diligence then the City has done all it can do. She asked to clarify that this meeting was about Ms. Shang walking the Commission through the agenda and Ms. Shang responded it is and usually the City Manager is introducing the item. After discussion the Commission concurred to send a letter to the State, the State Legislators and the League of Cities. Mayor Masiarczyk stated he had an item to bring up and Vice Mayor responded she was still confused if this was just an agenda review meeting or will the Commission Members be bringing things up. Ms. Shang stated the meeting was moving away from its purpose and she is looking at the purpose being where the body can collectively meet to go over the agenda and have an opportunity through a public forum to discuss issues and the point was to be transparent. She stated if the Commission is going to bring up issues how is the public going to know what is being discussed because the public may want to be present and make comments. She stated she believed it had been agreed upon in regards to new issues that the Commission wants to review or take action on should be posted as an item for new business on the agenda. Mayor Masiarczyk explained he had received a letter that was addressed to the Mayor and Commission and he asked if the Commission wanted him to bring up the issue now or at the meeting as it may be something the Commission would want to look at. Commissioner Nabicht asked if there was any other discussion on the agenda and Ms . Shang responded there is nothing new on the agenda, it has been discussed and she does not have any other issues. She stated there may be a fine line between City Commission comments versus action items that really should be posted so if any of the Commissioners have something that will be quick that is not an action item it can be discussed; if the item becomes an action item it should be posted so everyone knows what action is being voted on. Commissioner Soukup stated for example the letter would be brought up tonight. Mayor Masiarczyk stated it was a letter that was sent to Commissioner Smith and himself and they cannot discuss it so he thought he would bring it up if there is no objection. Commissioner Nabicht suggested bringing the letter up now and if it needed further action it can be brought up at the meeting. Vice Mayor Schleicher stated this meeting should be for agenda review so if other things are brought in then the format will be changed. She stated Commission comments are City of Deltona Page 4 Printed on 8/24/2015 City Commission Minutes July 6, 2015 not needed during the agenda review because Commission comments can be made at the regular meeting and if the issue needed to go to a workshop it will already be out there in the public. Mayor Masiarczyk stated he understands and he suggested changing the meeting to City Manager’s Agenda Review from Agenda Review Meeting and he added the meeting can be adjourned now and he will wait until the meeting at 6:30 p.m. but, he would like to bring the item up. Mayor Masiarczyk stated a strange letter was received from Tanner Andrews from the Beacon Newspaper that was addressed to the Mayor and Commission and he thought it should be brought out. He passed the letter around and he explained his concerns. He stated he had contacted Barb Shepherd at the Beacon about the letter to ask if the letter had actually come from Mr. Andrews and after researching it Ms. Shepherd said Mr. Tanner admitted he sent it and the letter was just “Tanner being Tanner”. Mayor Masiarczyk stated he just wanted the Commission to know about it and he asked Mrs. Vose to file it away. 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: None. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 6:00 p.m. ______________________________ Karissa Cook, Administrative Assistant City of Deltona Page 5 Printed on 8/24/2015