City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, April 17, 2017 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Masiarczyk. 2. ROLL CALL – CITY CLERK: Present: 9 - Commissioner Christopher Alcantara Commissioner Anita Bradford Commissioner Heidi Herzberg Commissioner Gary Mitch Honaker Commissioner Brian Soukup Vice Mayor Chris Nabicht Mayor John Masiarczyk City Manager Jane Shang City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Alcantara Commissioner Alcantara led everyone in the invocation and introduced the Discovery Elementary Chorus led by Brittany Rath who sang the National Anthem. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of April 3, 2017, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Herzberg, seconded by Commissioner Bradford, to approve the minutes of the Regular Commission Meeting of April 3, 2017, as presented. The motion carried by the following vote: For: 6 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, Commissioner Heidi Herzberg, Commissioner Gary Mitch Honaker, Vice Mayor Chris Nabicht, and Mayor John Masiarczyk 5. PRESENTATIONS/AWARDS/REPORTS: City of Deltona Page 1 Printed on 4/26/2017 City Commission Minutes April 17, 2017 A. Presentation - William S. Harvey Deltona Scholarship Award Certificates. Mayor Masiarczyk and the Commission presented Certificates of Recognition to the William S. Harvey Scholarship recipients. B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Mayor Masiarczyk stated the Quarterly Reports are in written form and will be accepted as presented. 6. CITY COMMISSION SPECIAL REPORTS: Commissioner Herzberg stated the Team Volusia Economic Development Commission had its board of directors meeting today, they have a new logo which she thinks is going to be very successful for Team Volusia and marketing the area. The marketing is going to target the region which she believes is a wise thing in terms of name recognition. She stated very few people around the Country or in Florida know where Volusia County is or can pronounce it correctly so they took the greater Daytona region to have a point of reference which is really important when you are trying to bring in businesses. She stated she is also on the Strategy For Success Task Force who met two weeks ago and she did a phone conference when she was out of town. The group is working on developing a strategy that Atlas Marketing said was needed, there were two outside groups who came in to look at the region and Volusia County in order to see what is really needed to attract more businesses here. She stated Team Volusia is looking at implementing a new marketing strategy and she thanked Jerry Mayes for being a part of Team Volusia. 7. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Leslie Golden, Air Current, Inc., 1650 Providence Blvd., Deltona, spoke about being in Deltona for 18 years, that Air Current hired a third party to do their reviews and recommended the City use them for the Building Department, Air Current works with the teens of the community, she described the type of work they do and the cities they service, the difficulty of working with the Building Department and recently failing several inspections, being friendly with other contractors, having letters from vendors who will not work in Deltona, that Air Current has tried working with the Building Department and she asked that this issue be investigated. Mayor Masiarczyk stated he brought up the issue with Volusia County who has already started the process to recreate the Unified Code Committee that was disbanded when Volusia Council of Governments (VCOG) ceased to exist and the County is contacting other cities for their input also. City Manager Shang stated she has reached out to other City Managers, she also forwarded staff's response to Mrs. Golden's questions and when she gets more information she will forward it on. She stated she appreciates Air Current being in the City of Deltona Page 2 Printed on 4/26/2017 City Commission Minutes April 17, 2017 City and the City wants to work with the contractors. Commissioner Herzberg stated the Unified Code Committee is a good idea but, the County and all the municipalities need to be all on the same page including surrounding counties. She stated she thinks there are concerns about being able to pay for permits and things online which the City is working on. She stated the League of Cities (LOC) talked about getting that together and making sure there is a unified permit process like what was done for the film industry. She stated it is difficult to go from municipality to municipality without a uniform code which cross boundaries. She suggested this issue be a topic for a West Volusia Summit Meeting. Thomas McGuire, 905 Duncan Road, Port Orange, spoke about doing installs in other cities the same way and not failing those inspections, the cost of the inspection and re-inspection make it unaffordable to do business in Deltona, other contractors not wanting to do business in Deltona, air conditioners working on high and low voltages, not being able to change a breaker legally but, the homeowner can, having a licensed technician on the job and charging the residents for electrical work. Richard VonBrocken, Von Air, 1738 State Avenue, Holly Hill, spoke about being the original contractor of Deltona, Deltona High School having an academy for construction and he asked the City to support the academy, he thanked staff for the meeting last week, that contractors know the code, the majority of the new homes in Deltona back in 1968 were done by his company, he does not have a problem with code issues but, in Deltona contractors are aiming at a moving target, the Building Official stating information that is not on the City's forms or the website, and the Building Department playing loose with the rules when they apply to the City but, are strict when it applies to the contractors. R.W. Kicklighter, 140 S. Grandview Avenue, Daytona Beach, spoke about being a second generation in the industry much like the others who spoke before him, he is no longer a contractor but, a consultant and works with a lot of the companies in 20 counties across the State, Deltona being one of the few building jurisdictions that has requirements that others do not, he recommends to anyone bidding a job in Deltona to add $500-$700 to the cost of the job just to cover their expenses, Deltona is one of the few cities that requires things that are not in the building code such as a duct design and layout which is not required, he explained changing the disconnect and it being similar to changing a light switch, the many interpretations of the building code from jurisdiction to jurisdiction and that was not the intent of legislature or the Florida Building Code Commission. Commissioner Soukup arrived at the meeting at 7:08 p.m. Curren Golden, Air Current, 1650 Providence Blvd. spoke about starting his business in 1998, when the County operated the Building Department he had no issues, as soon as Deltona became a City and added their own Building Department it has been one issue after another, that he does the same work and install in other cities with no issue, some of the homes have breakers that are not manufactured any longer and the homeowner City of Deltona Page 3 Printed on 4/26/2017 City Commission Minutes April 17, 2017 would need to upgrade the panel at a cost of $1,200 to $2,000 or he could use a circuit breaker in his heater kits which is approved by the manufacturer, putting in the upgrade does not allow any space for the disconnect, he is asking for common sense from the Building Department, after being told by Steve Roland and the Building Department how to do the installs and what materials to use and passing the inspections he was then told in October of 2016 he can no longer do that, that Steve Roland has been passing the inspections and then he changed what can be installed and started failing the inspections, he gave a brief explanation of several incidents, the many conversations he has had with Steve Roland and the inspectors, that all of a sudden he has a water leak but, he cannot fail for a water leak because it is not in the code book, that he is afraid that the situation is going to get worse, his business being in the City and doing over 200 installs every year, and the Building Department being inconsistent. Tim Haynes, 273 Fisher Drive, Deltona, spoke about being here since the early 80's, being a financial advisor, that he spoke with Mr. & Mrs. Golden, having the same issue regarding the Cornerstone Christian Church, being required to do things that no other city had even thought of doing, that he was prepared to file a lawsuit but, instead he abandoned the $2 million project and sold the property, changing the Building Department staff and possibly bring in people from the outside, Deltona being a business unfriendly environment in the City, he has talked to countless business owners who have no interest in locating inside the City or even doing business in the City, cannot see how the Commission is unaware of these issues that have been ongoing for years, and that he wonders if he made the right decision to vote for the approval of the City's formation. Bart Formoso, 851 Arlene Drive, Deltona, spoke about having a special situation where he lives, his father has lived here since 1980 and owned an Italian restaurant, he has built homes since 1983, his father's house being built on two properties, that he has a nonemergency transport company called First Care Transport which has grown from one van to eight vans over the last 10 years, he has had code violations in the past for a second entrance, he has a code violation for having too many vehicles parked on the property, he is asking to find out how he and the City can work together, that he has five different houses which he can distribute the vehicles to or he can find out how he can use this unique piece of property, that nobody is complaining about the vehicles, having a temporary pole barn not on concrete and he is being told he needs a permit, he asked for guidance, and his business being primarily used by Halifax Hospice. Patty Gibson, 230 Courtland Blvd., Deltona, spoke about sending out an email to the Commission regarding a fraud compliant regarding her roof and she explained the email, Inspector Leah Grosvenor being the only inspector that had gone on her roof, Steve Roland and Leah Grosvenor passing her roof from the ground, a building permit only being good for 180 days, she asked what has been done to rectify her complaint, having a letter from the shingle manufacturer that the shingles were not installed correctly, Deltona not doing a four part inspection, the City signing off on roof permits for seven years from the ground, having Volusia County transcripts that the City does not do the required inspection per the Florida Building Code, Jacksonville having an in progress inspection, the City not listing the product codes on their permits, she City of Deltona Page 4 Printed on 4/26/2017 City Commission Minutes April 17, 2017 questioned how a roof inspection can be done by not going on the roof, that the Risk Manager will not allow staff to go on a roof for inspections and that an unlicensed individual cannot stop a licensed individual from doing their job. Brandy White, 2926 Chalmer Street, Deltona, spoke about some of the Commissioners coming up with great ideas and questions at the last meeting, her meeting with the new Events Manager, that she attended a funeral for a 21 year old Deltona resident who was hit by a car while walking, she asked if there were any plans to put a sidewalk out by Lake Helen Osteen Road at the intersection of Catalina Blvd. because it is a dangerous section of roadway, residents not having cars and walking to work, that she has provided a ride to some residents who walk to work, she had concerns regarding Chris O'Donnell's resume and there being some inconsistencies, that it seems like the City is going to try and run a business rather than a Community Center, what the Community Center is going to be used for not being what the residents are expecting, and she suggested the Commission look at the Events Manager's resume. Commissioner Herzberg expressed her concerns regarding the Building Department and that what is happening is absolutely unacceptable. Commissioner Honaker called point of order and he asked that the Mayor and Vice Mayor bring up the sidewalk issue on Lake Helen Osteen Road to the Transportation Planning Organization (TPO) and the County. Vice Mayor Nabicht stated he asked the City Manager to have a conversation with the County Manager regarding installing a sidewalk on Lake Helen Osteen Road by the Catalina Blvd. intersection and he has no problem with the City paying for the sidewalk or looking at TPO dollars. Vice Mayor Nabicht stated he brought to the City Manager a prevision in the Fire Code and Building Code for a Board of Adjustment and Appeals which the City does not have but, needs. He stated contractors should have the ability to come before a board of professionals with a complaint. Commissioner Honaker called point of order, the Commission is discussing citizen comments and setting a precedent. Vice Mayor Nabicht suggested to set a workshop to discuss a Board of Adjustment and Appeals and the Commission concurred. Commissioner Bradford suggested Ms. White attend the County's meeting at 9:30 a.m. on Thursday and ask them for help with a sidewalk on Lake Helen Osteen Road. Commissioner Soukup suggested getting a comparison before the meeting on how other cities handle the inspection process. City of Deltona Page 5 Printed on 4/26/2017 City Commission Minutes April 17, 2017 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: Commissioner Soukup asked to move Item 11-A under New Business before Item 9-A and the Commission concurred. 11. NEW BUSINESS: A. Request for City of Deltona funds - Pine Ridge High School STEM Program Motion by Vice Mayor Nabicht, seconded by Commissioner Herzberg, to approve or deny the request for City funds to the Pine Ridge High School STEM Program Racing Team in the amount of $2,500.00. The motion failed by the following vote: For: 2 - Commissioner Heidi Herzberg, and Vice Mayor Chris Nabicht Against: 5 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, Commissioner Gary Mitch Honaker, Commissioner Brian Soukup, and Mayor John Masiarczyk Motion by Commissioner Bradford, seconded by Commissioner Honaker, to approve or deny the request for City funds to the Pine Ridge High School STEM Program Racing Team in the amount of $1,000.00. The motion carried by the following vote: For: 7 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, Commissioner Heidi Herzberg, Commissioner Gary Mitch Honaker, Commissioner Brian Soukup, Vice Mayor Chris Nabicht, and Mayor John Masiarczyk 9. ORDINANCES AND PUBLIC HEARINGS: Commissioner Herzberg asked to move Item 9-B under Ordinances and Public Hearings before Item 9-A and the Commission concurred. B. Public Hearing - Ordinance No. 35-2016, Small Scale Future Land Use Map Amendment (CP16-001) for property located at the southeast corner of the intersection of Normandy Blvd. and Saxon Blvd., at second and final reading - Chris Bowley, AICP, Director, Planning and Development Services, (386) 878-8602. City of Deltona Page 6 Printed on 4/26/2017 City Commission Minutes April 17, 2017 Strategic Goal: Economic Development, determine the business niche for the City to target/pursue. Motion by Commissioner Honaker, seconded by Vice Mayor Nabicht, to adopt Ordinance No. 35-2016, changing the future land use designation for +2.5 acres located at the southeast corner of the intersection of Normandy Blvd. and Saxon Blvd. from Low Density Residential to Commercial and transmit the ordinance to the Florida Department of Economic Opportunity, at second and final reading. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Interim City Attorney James Fowler read the title of Ordinance No. 35-2016 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, PERTAINING TO THE COMPREHENSIVE PLAN; PROVIDING FOR A SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR NINE (9) PARCELS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SAXON AND NORMANDY BOULEVARDS TO CHANGE THE FUTURE LAND USE DESIGNATION ON SAID PARCELS TO COMMERCIAL (C) FROM LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, Commissioner Heidi Herzberg, Commissioner Gary Mitch Honaker, Commissioner Brian Soukup, Vice Mayor Chris Nabicht, and Mayor John Masiarczyk Ordinance No. 05-2016 was adopted at 7:49 p.m. A. Public Hearing - Ordinance No. 29-2016, Amending Chapter 70-30, Definitions, and Chapter 102, Signs, of the Land Development Code, at second and final reading - Chris Bowley, AICP, Director, Planning & Development Services, (386) 878-8602. Strategic Goal: Public Safety - Sign ordinance amendment/rewrite the sign code. Mayor Masiarczyk left the meeting at 7:49 p.m. and returned at 7:54 p.m. Motion by Commissioner Honaker, seconded by Commissioner Alcantara, to adopt Ordinance No. 29-2016, Amending Chapter 70-30, Definitions, and Chapter 102, Signs, of the Land Development Code, with City of Deltona Page 7 Printed on 4/26/2017 City Commission Minutes April 17, 2017 an amendment to 102-4 Permanent Signs Item 11 and 102-5 Temporary Signs to read all signs should be located on the owner's property, at second and final reading. Mayor Masiarczyk opened the public hearing. Larry Kent, 235 River Village Drive, DeBary, spoke about not having a problem with sign ordinances and that he is here to help, he has a problem with this ordinance, having to apply for a variance for the new Burger King sign, he did some research and came up with what is really correct for signs, he understands the need to move forward on this ordinance tonight but, he asked the Commission to look at the information he sent them, he has an issue with the size requirements of signs, having to apply for a variance for a sign to increase it by 14.5 feet, the number of businesses that have applied for variances for their signs shows there is a problem, the RaceTrac having to apply for a variance for their signs, changing out his sign at Justin Square to a digital sign and how that affected the plaza, the digital sign at Burger King on Elkcam Blvd., staff not supporting a sign variance without proving a hardship, the required square footage being too small and expanding it, his concern regarding window signs and there are a dozen window signs in Justin Square that once this ordinance passes will not be up to code. Severna Williamson, Chicago, IL, spoke about having a section in the ordinance for temporary signs and how is the department going to justify a violation and Mayor Masiarczyk stated if there is not a permit on file the code officer will know. Ms. Williams stated it would be difficult for the code officer to track based on the Supreme Court ruling because there has to be a date that it has to be put up and one for when it needs to come down and it is illegal for the City to disqualify that person for putting a sign up. She stated if a business has a temporary sign, some businesses have a variance and others do not, but they are acceptable, how can the code officer go back and penalize the ones that are doing the same thing. Mayor Masiarczyk stated the City would not do that, either the business has a permit or not. Interim City Attorney Fowler stated the City would issue a permit for the sign and put a date on it and if it is a 90 day sign, count 90 days. He stated the illegality comes in when you have to read the sign to know what the rules are and you are basing it on the content of the sign. So if you can do it without having to look at the signs to see what they say, then you are probably okay. Mayor Masiarczyk closed the public hearing. Interim City Attorney James Fowler read the title of Ordinance No. 29-2016 for the record. City of Deltona Page 8 Printed on 4/26/2017 City Commission Minutes April 17, 2017 AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, REPEALING THE EXISTING CHAPTER 102, “SIGNS,” OF THE LAND DEVELOPMENT CODE OF THE CITY OF DELTONA AND REPLACING IT WITH A NEW CHAPTER 102 “SIGNS”; AMENDING CHAPTER 70, SECTION 70-30, “DEFINITIONS”, OF THE LAND DEVELOPMENT CODE OF THE CITY OF DELTONA; PROVIDING SIGNAGE REGULATIONS CONSISTENT WITH APPLICABLE FEDERAL CASE LAW; PROVIDING FOR PURPOSE AND INTENT; PROVIDING REGULATIONS AS TO APPLICATION, PERMITTING AND ENFORCEMENT; PROVIDING DEFINITIONS; PROVIDING PERMANENT, TEMPORARY, AND HANDHELD SIGNS TIME, PLACE AND MANNER REGULATIONS; PROVIDING FOR SIGN MAINTENANCE, VESTING, VARIANCES, ACTS OF EMINENT DOMAIN AND APPEALS; PROVIDING FOR SIGNAGE REMOVAL; PROVIDING FOR EXEMPT, DEMINIMUS SIGNS, AND PROHIBITED SIGNS; AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. The motion carried by the following vote: For: 4 - Commissioner Heidi Herzberg, Commissioner Gary Mitch Honaker, Commissioner Brian Soukup, and Mayor John Masiarczyk Against: 3 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, and Vice Mayor Chris Nabicht Ordinance No. 05-2016 was adopted at 9:06 p.m. 10. OLD BUSINESS: None. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: City Manager Shang reminded everyone that next Monday, April 24th there will be a public forum on the Parks Capital Improvement Program (CIP) at 6:00 p.m. at City Hall in the Chambers. Mayor Masiarczyk reminded everyone that prior to the workshop is the Halifax ground breaking. 14. CITY COMMISSION COMMENTS: Commissioner Soukup explained the reason he was late was because he was a judge for Mr. & Mrs. Deltona High School, tonight was the interview portion and it is interesting City of Deltona Page 9 Printed on 4/26/2017 City Commission Minutes April 17, 2017 to hear the comments of a young resident who is asked the question what is the one thing they would change about Deltona or add to Deltona. He stated he met a young lady named Precious who is in a wheelchair, a Junior, and lives in a home with 10 foster kids. He stated Precious told him that when the kids go to the park she just sits in her wheelchair because there is nothing for her to do at the parks and her only wish is to go to a park and be able to swing on a swing. Commissioner Soukup stated he called Building Official Steve Roland this week, Deltona Alliance Church replaced their air conditioning unit and due to manpower the City hired a Universal contracted inspector who was rude and made multiple comments which were out of line. He stated the Commission keeps driving economic development and will have more inspections going forward and he would like the people who do the inspections to represent the City. He stated the inspector that went to the church was not wearing a Deltona clothing and he suggested not to use them again. Commissioner Soukup suggested that when the City Manager creates the agenda she looks to see what items can be done quickly to get the people in and out so they do not have to sit through the whole agenda. Commissioner Soukup stated he has a huge issue with something that went out this week and he hoped the Commission agreed with him. In everyone's water bill was an advertisement for Halifax Hospital's grand opening and no other business was given that opportunity. He stated this is an issue for him because the City has now marketed a business in the City for free who is not going to pay taxes in the City. City Manager Shang stated that there has been a lot of good happening in the City, there was an insert in the water bill that stated the City of Deltona welcomes Halifax Hospital, the Commission has talked about it at a number of times and all the City is doing is saying that Halifax is having an event, the City supports it and it is job creation. She stated in her mind this was not an advertisement but, getting the word out to the public about what is happening in the City. Mayor Masiarczyk stated he does not know that this was ever done before, he is not in support of it unless it is something the City is sponsoring and he asked the City Manager to bring a report back to the Commission on the cost and justification for the insert. Vice Mayor Nabicht stated the Commission had a meeting with Jerry Mayes about putting some economic incentives on the webpage. He stated he understands the point but, he does not necessarily think it is a bad idea, it is not something that is currently in policy and maybe the Commission should have a discussion about offering it as an economic incentive because it does not cost the City anything to do that. Commissioner Soukup stated he had to leave early last week and he was very disappointed by what he heard. He stated if you know anything about business you will realize The Center will never make $1 million in the first year. Businesses expect to lose money the first year, hope to break even the second year and hopefully make money the third year. He stated his biggest concern about The Center is the fact that there is no City of Deltona Page 10 Printed on 4/26/2017 City Commission Minutes April 17, 2017 plan B. He asked if it was a coincidence that the business expenses are identical to the revenues and when simple math is done to make $1 million in profit alone The Center would need to be booked 48 hours a week at $400 an hour which is $19,000 a week and is what is needed to make the proposed $1 million the first year. He stated the expectations of The Center are unrealistic, it is already being built so it has to be successful and he does not believe the City has the right person involved to run it. He stated the City Manager has stated The Center will be cost neutral. He stated he was concerned about a comment made by Mayor Masiarczyk that the first year is going to be the greatest year because everyone is going to be a part of it but, that is not how business works. He stated The Center is expensive, it is going to be expensive to use, it is not a Community Center, to be prepared for failure and prepare the budget accordingly. Commissioner Herzberg stated she attended Sheriff Chitwood's first Compstat meeting last Thursday at 8:30 a.m., she is glad he is holding these meetings at Deltona City Hall and the next one is on April 27th at 8:30 a.m. to discuss the crime in different areas and cases the Volusia County Sheriff's Office (VCSO) is working on. She stated this is a great interaction for the residents to see how things are worked, how the VCSO responds and solves cases and it is a great service for the residents. She stated the meeting was very interesting to her and the amount of crime in the City is not as bad as she thought it would be. Commissioner Herzberg reminded everyone tomorrow is the State of the County Address and on Wednesday the Volusia League of Cities (VLOC) is doing an Emotional Intelligence and Parliamentary training at no charge at Daytona State College if anyone is interested it starts at 8:30 a.m. Commissioner Herzberg stated the Deltona Fire Department participated in helping fight the fires in Orange City along with other municipalities' Fire Departments and she thanked everyone who worked to fight those fires, all the public safety people, those that risked their lives and put forth the effort to work a horrible situation. She stated to anyone who wants to talk negatively about the Fire or Police Departments, until you are in a situation that you need them you can say what you want and have your personal opinions but, when it is your backyard that is burning or your family that has to be evacuated or you cannot get to them, let's just give credit where credit is due and she for one is very grateful to all first responders for everything that they do. Commissioner Honaker stated he is wearing a Ukrainian dress shirt he received from his wife's mother for Easter and he wished everyone a Happy Easter. He stated Top Shelf's fundraising efforts for Relay For Life raised $868.50 and the team raised $675 for a total of $1,543.50 and will be recognized at the May 1st Commission meeting. He stated he will be out of town for next Monday's workshop and the Halifax ground breaking. Commissioner Honaker stated the stormwater assessment fee was not rushed to get it on this agenda because it is paid in arrears and if it were to be rushed it would not save the City anything, the City is paying the past interest but, the longer it takes to get it on the table that interest will start compiling again. It is $529,000 a year and looking at The City of Deltona Page 11 Printed on 4/26/2017 City Commission Minutes April 17, 2017 Center if the City can pay that loan off, reduce that stormwater assessment fee and implement a fire services assessment fee that will pay for part of the Fire Department which comes out of the General Fund and now the City has $500,000 more a year that can go toward The Center just in case it is not productive the first year. He stated the City has $11.5 million and he wants to make a point that the City should take a little less than $5 million to do a loan for $530,000 a year times 13 years and it is not paid off until 2030, that is $6,900,000. The City owes a little less than $5 million on it right now, it would save about $2 million for the residents and it is $500,000 a year the City is saving on stormwater. He stated these are just things to look at between now and when the budget starts, it is a viable solution and he would like to see it on an agenda soon to be discussed. He stated it was a great meeting, he is sorry it took so long but, it was important to the business community to discuss the sign ordinance. Commissioner Alcantara stated folks around the world observed the resurrection of Christ, he read Matthew 27:50-53 and he read something he wrote. Commissioner Alcantara recognized all the firefighters who responded to the Orange City fires and he hoped that if anyone was hurt that they recover and heal quickly. He asked Chief Snyder what it would take to institute a burn ban and Chief Snyder replied a resolution of the City Commission and a vote. Commissioner Alcantara asked if a burn ban is justified and Chief Snyder replied yes but, that he would not recommend it yet. He stated he is concerned about it being dry out, the humidity is low and it is windy. Some of the other conditions he looks at is the direct drought index which is about half right now around the 400 mark on an 800 scale, fire readiness level is about half at about a 3 on a scale of 5 and he explained the readiness level. He stated he also looks at available resources in the area, how much they are committed and right now the forestry's resources are available for our district. He stated he is sending one truck every day to help mop up Orange City's fire which probably will not be totally out until it gets some rain. He stated he has also been speaking with the County. He stated would the Commission be unwise to enact a burn ban, no but, he is not to the point where he would recommend it yet, however, he may be back in two weeks asking for it. He stated the biggest thing is we need some rain over the next few weeks and if not he will be recommending a burn ban. Motion by Commissioner Alcantara, seconded by Commissioner Honaker, to have a burn ban and give the City Manager and Chief Snyder the authority to come back to the Commission with a reversal if necessary. The motion carried by the following vote: For: 4 - Commissioner Christopher Alcantara, Commissioner Anita Bradford, Commissioner Gary Mitch Honaker, and Vice Mayor Chris Nabicht Against: 3 - Commissioner Heidi Herzberg, Commissioner Brian Soukup, and Mayor John Masiarczyk City of Deltona Page 12 Printed on 4/26/2017 City Commission Minutes April 17, 2017 Commissioner Alcantara suggested having quarterly public forums for residents where the Commission can address their questions and he believes this will open up City government and making the Commission more personable. Motion by Commissioner Alcantara, that the Commission have public forum meetings quarterly. Motion died for lack of a second. Commissioner Alcantara requested having a workshop to look into having a Government Accountability and Transparency Committee as suggested in an email sent by Ruben Colon and let the residents know the Commission is serious about addressing issues that come up and the Commission concurred. Commissioner Alcantara stated a resident contacted him who lives near the Ft. Smith and Elkcam Blvds. intersection and how speeding has become an issue in that area. He asked how the Commission felt about having speed bumps in that area, if it would make it worse or improve things and Mayor Masiarczyk replied that would kill somebody, a traffic study would be needed and he has never seen speed bumps on that type of a road. Commissioner Alcantara stated there are speed bumps on Old Mill Blvd. and Mayor Masiarczyk replied it has a speed table which is very dangerous too and the only ones the City has is on Cloverleaf Blvd. Vice Mayor Nabicht suggested having the VCSO look at it. Commissioner Alcantara asked for an update on the Tivoli Blvd. improvements and City Manager Shang replied first the funding needs to be identified, it is a project with the TPO, it is in design and in the que to receive funding but, the City has not received funding yet. Commissioner Alcantara asked how many phases are there to the improvements and City Manager Shang replied by phases she is not sure what he means but, the City is designing the intersection improvements at Providence and Saxon Blvds. Commissioner Alcantara stated the reason he asked is because he saw some emails where it talked about two phases, the first phase was the intersection improvements and the second phase was for widening Tivoli Blvd. He stated the City has told residents that Tivoli Blvd. would not be widened and his question is why are there emails that show two phases, one for intersection improvements and one for widening the road. City Manager Shang replied he would have to show her the emails and she knows there was discussion at one point about widening the road. Commissioner Alcantara stated he hopes to workshop the issue with the contractor sooner rather than later. He stated there has been talk about businesses and helping to City of Deltona Page 13 Printed on 4/26/2017 City Commission Minutes April 17, 2017 bring businesses forward, he has researched the DeMarsh property where the Epic Theater sits and what he has learned is that they are not developers which has slowed down development in that area. He stated he thinks it would be in the City's best interest to put the City Manager and Team Volusia to task to attract a developer to buy that property. He stated the City might have to expand some gas lines or do some infrastructure. Commissioner Bradford stated if the City does that for one, it would have to do that for all businesses and Mayor Masiarczyk stated it is County utilities in that area. Commissioner Alcantara stated it could be any property, it could be the property across the street from Epic Theater. Mayor Masiarczyk stated there are signs everywhere and people looking at it every day but, what Mr. DeMarsh does with his private property is fine and you have to get a developer that has the money to do a major project like that. He stated the Commission can support them but, it does not play a hand in that and every time people talk about Deltona they talk about that interchange. Commissioner Alcantara stated he does not understand why it is taking so long to develop, it is a great location and Commissioner Herzberg replied the diversity of the land owners, that there was a distribution center that wanted to split the land and the land owner did not want to do that. Commissioner Alcantara asked if the Commission meeting could be streamed live on Facebook and the City Manager replied the meetings are live on the website and she is not really sure what the difference is. Commissioner Alcantara stated the City is not on digital TV so like his grandmother who has an antenna she would not be able to watch the meetings. Mayor Masiarczyk stated that would be getting into a full blown TV station and getting a license. Commissioner Alcantara asked how much it cost to have the meetings on digital TV and Mayor Masiarczyk replied he had no idea. Commissioner Bradford stated she wants to make sure that what the contractors spoke about tonight is placed on a workshop, it is a concern of all types of contractors, she deals with them and she hears their concerns. She stated the City has to have uniformity and there was a developer in the audience, this was the last thing she wanted that developer to hear was all this controversy. She stated another thing that she has heard that she does not want to hear again and it has happened to her before is when someone comes in for a form staff says "it's on the wall" or "it's on the website." She stated there are people who do not have internet or a computer to download forms, the City is a business and it has to be run like a business and satisfy its customers. She stated the City has to become a lot more business friendly and she is tired of the joke "there is a reason why we are behind bullet proof glass." She stated she was told there is a new Florida Statute coming out that would require the City to have electronic permitting by October, 2017. Commissioner Bradford stated it has been brought up a couple of times tonight and Jerry Mayes has talked about an incentive package but, she does not know when it will be on an agenda. Commissioner Bradford stated the Urban Design Master Plan Book and Urban Design City of Deltona Page 14 Printed on 4/26/2017 City Commission Minutes April 17, 2017 Pattern Book have been referenced in meetings, she has looked at, the designs are beautiful and that this would be a good time to start doing that especially with the whole beautify Deltona because it is referencing the Urban Design Pattern Book, even though it was not approved, the City has the Urban Design Master Plan. She stated if it is going to be referenced the City might as well fix it and determine whether it is going to be used or not. Commissioner Bradford asked if there was a way to make the retention ponds like little lakes or add curb appeal similar to what Seminole County has and what would be the cost be. She stated if the retention pond was made more to look like a lake it would beautify the area. Mayor Masiarczyk replied the City tried one time to get the St. Johns River Management District to put reuse water in so they could look like a pond but, it is not going to happen. Commissioner Bradford suggested making the retention ponds a little nicer and she asked how Seminole County gets away with it because they build a whole community around it. Planning & Development Services Director Chris Bowley stated it comes down to when they are created or whether it is retro fitted but, if it is created it is how it is permitted and if it is retro fitted there is a permit modification with the water management district. In the case of soils, the underlining soils, whether they are lined with clay or a fabric material, synthetic to line them, to hold water to become detention facilities there is a cost for that, it is engineering and permitting. Commissioner Bradford stated so it can be done, it just has to be more focused and planned. She stated the reason she is bringing it up is because there is a retention pond at The Center and she asked what it looks like. Mr. Bowley replied it has been there since 2010, it is dry and over time the City could pay for a permit modification, re-engineer, reshape it and add a fountain, again over time. Commissioner Bradford stated that would be more appealing for The Center. Commissioner Bradford suggested to start advertising The Center in the water bills to help promote it and get residents engaged in it now. City Manager Shang replied that has been done in the past with beautification and trash rules. She stated there has been advertising on the gateway signs that Halifax helped to promote and pay for some of the City's landscaping, so there is precedent for this. Commissioner Bradford stated her concern is the City is developing Howland Blvd. to be the City's downtown, The Center and all the houses on that road are on County utilities and the County will get those utility dollars. She stated she was told the City looked into purchasing those utilities and she is wondering if the City should not be looking at it now. If the City is going to have a lot of businesses in that area and that those utilities are where the money is. She stated that is a lot of revenue that the City is losing to the County and the City should look at if it would pay the City back by purchasing those utilities. She stated she does not want any regret later when the area is fully developed and all the utility money goes to the County. Mayor Masiarczyk replied the utilities are governed by zones that is in the County zone, the amount of money they want for it never made sense, the City has tried to work with them over the years and they never offered to move forward with it. He stated the enterprise funds that operate the utilities, the money that is made goes back into the utilities for the customers but, he City of Deltona Page 15 Printed on 4/26/2017 City Commission Minutes April 17, 2017 understands that would help offset the water fees. He stated he does not know if the City could justify bonding $40, $50 or $60 million to buy the water plant. He stated it is something that has always been out there, the City has talked to them about it but, it is a wish. Commissioner Bradford stated she gets it is a wish but, there is a whole new County Council and there is not a whole lot of money coming in on that road. Mayor Masiarczyk replied he has talked to them many times over the years, they want a huge sum of money for it and he looks at the utilities as being the residents' utilities because the residents in that area paid for it and are paying for all the improvements. If the City accepts the bonds the County has on it and takes it over, that is the only way it would make financial sense to him. He stated he went through it when the City bought Southern State but, that was a private entity. Vice Mayor Nabicht stated he wanted to echo what the other Commissioners said, all the first responders, law enforcement, the folks at the hospital and the dispatchers for everything they did with the Orange City fire and a special thank you to the City of Daytona Beach and the City of New Smyrna for sending crews to Deltona to assist us in relieving some of the crews that had been working several hours over there. Vice Mayor Nabicht stated the State of the County Address is tomorrow and he asked what time everyone would be leaving and Mayor Masiarczyk replied to be at City Hall at 10:30 a.m. and that four of the Commissioners were going to attend. Mayor Masiarczyk stated he does not want to debate it tonight but, to turn it over to staff, that family that was impacted by the Commission's decision tonight who has a single family home and cannot do anything. He stated they have been working with the developer and the attorney. He stated the Commission needs to instruct staff to administratively rezone the homeowner's lot and the vacant lot, to combine the two lots and administratively resolve the issue otherwise it will sit there and the Commission concurred. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 9:54 p.m. ______________________________ John C. Masiarczyk, Sr., MAYOR ATTEST: _____________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 16 Printed on 4/26/2017