City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, May 1, 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: 8 - Commissioner Alcantara Commissioner Herzberg Commissioner Honaker Commissioner Soukup Vice Mayor Nabicht Mayor Masiarczyk City Manager Shang City Attorney Excused: 1 - Commissioner Bradford 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Soukup Commissioner Soukup led everyone in the invocation and Leslie Figueroa a 12th Grader at Pine Ridge High School sang the National Anthem. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of April 17, 2017, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Vice Mayor Nabicht, seconded by Commissioner Herzberg, to approve the minutes of the Regular Commission Meeting of April 17, 2017, as presented. The motion carried by the following vote: For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk 5. PRESENTATIONS/AWARDS/REPORTS: Chief Snyder stated the burn ban was put in effect on April 20, 2017 and he explained City of Deltona Page 1 Printed on 5/9/2017 City Commission Minutes May 1, 2017 what that meant for the residents. The burn ban is countywide and all the fires are under control and contained. E. Recognition - Deltona Fire Explorers Commissioner Herzberg and the Mayor and Commission presented Certificates of Recognition to the Deltona Fire Explorers for their efforts and recent accomplishments. A. "Deltona: Making It Happen" video presentation Staff presented a video presentation which showed different events and economic development projects that are going on in the City. B. Super Star Student of the Month Certificates for April 2017 Mayor Masiarczyk and the Commission presented Certificates of Recognition to the Super Star Students for the month of April, 2017. C. Proclamation - National Teacher Week, May 7-12, 2017. Commissioner Soukup and the Mayor and Commission presented a Proclamation to support Volusia County Teachers National Teachers Appreciation Week in recognition of the dedication and hard work of Volusia County Teachers and all those who empower students with lifelong skills. D. Recognition - Top Shelf Car Wash Car Wash Owners Chip Burton and Steve Mountcastle and their employees. Commissioner Honaker and the Mayor and Commission presented Certificates of Recognition to Chip Burton, Steve Mountcastle and Top Shelf employees for their help in The Getting Wet for relay fundraiser. F. Proclamation - National Association of Letter Carriers "Stamp Out Hunger" Food Drive Day Mayor Masiarczyk and the Commission presented a Proclamation to recognize the letter carriers who coordinate and help execute the Florida Letter Carriers Food Drive each year. The 25th anniversary of "Stamp Out Hunger" Food Drive will be held Saturday, May 13, 2017. G. Proclamation - Municipal Clerks Week Commissioner Herzberg and the Mayor and Commission presented a Proclamation to recognize the essential role Municipal Clerks play in local government and declaring Municipal Clerks Week the first full week of May. H. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Mayor Masiarczyk stated the Quarterly Board Reports for the Deltona Economic Development Advisory Board (DEDAB) and Planning & Zoning (P&Z) Advisory Board City of Deltona Page 2 Printed on 5/9/2017 City Commission Minutes May 1, 2017 are in written form. Finance Director Robert Clinger stated he is not speaking on behalf of the Firefighter Pension Board but, he wanted to point out the item on Page 2, half way down the page, two sources of money of unfunded liability and he provided an explanation. Team Volusia's Keith Norden introduced Chris Winsett who provided a brief PowerPoint Presentation to include a dash board report, business activity report, marketing plan, Deltona specific assistance, local issues to address, how to make Deltona more competitive, and the Team Volusia Officers. I. FY 2015 / 2016 Annual Audit Presentation: Comprehensive Annual Financial Report for the Year Ended September 30, 2016 - Audit Team from Purvis Gray and Company - Robert Clinger, Finance Department - (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources and promote an effective system of checks and balances Finance Director Robert Clinger introduced Mark White and Lori Walker with Purvis Gray & Company who made a presentation of the City's Comprehensive Annual Financial Report (CAFR) for the year end September 30, 2016. 6. CITY COMMISSION SPECIAL REPORTS: Commissioner Soukup stated last Monday the City had a Public Forum for a Parks Capital Improvement Plan (CIP), there was approximately 100 to 150 people in attendance and a wide range of topics were discussed. He stated one gentleman told him that this is not the first time he has been through this process, the same things are mentioned by the residents like more parks and fields but, nothing gets accomplished. The parents and kids thought when they walked out of that meeting that something is going to get done and his concern is not being able to fulfill that expectation. Residents are frustrated that money is being spent on an event center instead of on parks and recreation. Deltona kids are playing baseball in DeBary because of nicer fields and better programs. The residents see where the City is spending money and the community is relying on the Commission to give them what they want. The stats show there are 25,000 kids under the age of 18, only 65-70% of kids are graduating and they are dying for more parks and recreation. The Commission needs to give the residents what they are looking for and he does not know what the right way is to do that. Vice Mayor Nabicht stated the Mayor went to the Transportation Planning Organization (TPO) meeting in his place. The existing projects for the intersection improvements of Catalina and Howland Blvds. are still on track and funded. The improvements for the intersections of Tivoli and Providence Blvds. and Tivoli and Saxon Blvds. are still on track. The TPO is a long term organization and each year there is a call for new projects. This year there were 50 applications that were submitted and the City was able to get two of their projects into the queue, however, they are not funded yet but, are City of Deltona Page 3 Printed on 5/9/2017 City Commission Minutes May 1, 2017 being looked at. A decision will need to be made for Providence Blvd., a shared use path, and Elkcam Blvd. paved shoulder project which are the two that were placed into the queue. The quicker the City gets those into design the more points the City will score to move those projects along because it is a first come first serve basis. As we move into the next budget cycle these will be two projects that staff will prioritize for funding for design so that the City can continue to move them forward through the TPO. Keep in mind it has only been the last couple of years that TPO dollars have been coming into the City and that is because the City Manager has met with TPO staff and City staff has gotten everything together and figured out the exact methodology of how to submit the projects and prioritized the projects in order to score points to get the projects placed on the list. When you look at the whole County and all the cities and the amount of staff to manage the projects internally, two to three projects a year is a good number to keep in the queue. Mayor Masiarczyk stated the TPO is one of the hardest organizations to get used to how they act and all the acronyms they use which is why he wanted to get somebody else involved with the organization. Before the TPO meetings, the City Manager has set up a meeting the day before to go over the agenda and it is amazing how someone can be brought up to date as to what is going to transpire at that meeting because staff attends other meetings where a lot of discussions take place before the elected officials get involved. One of the problems the organization is going to start looking at over the next several months is stopping the 10% match on a project, it gets into the queue, it gets funded, then when it goes out to bid if the job comes in over the original plan they still want to take money out of reserve and that kicks another project back. Vice Mayor Nabicht stated part of the problem is that the projects take several years from inception to completion and during that time material costs go up. One of the things the Executive Committee is going to try and address is after a project has been in the process for a certain amount of time it would get another look at it to try and re-evaluate it but, you do not want to stall the project or delay it by having that re-evaluation. So if a number can be determined, say that after the project is four or five years old it automatically gets a 10% increase. The City was fortunate with the Doyle Road shoulder project which had some cost overruns, the City got the additional funding for it and TPO agreed it made sense to fund that upfront rather than tear it up and fix it. Commissioner Gary Mitch Honaker called point of order regarding the Comprehensive Annual Financial Report (CAFR) there is a recommended motion on the agenda memo to approve the CAFR. Motion by Commissioner Honaker, seconded by Commissioner Herzberg, to approve the City's Comprehensive Annual Financial Report for the period ending September 30, 2016. The motion carried by the following vote: For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk City of Deltona Page 4 Printed on 5/9/2017 City Commission Minutes May 1, 2017 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. Rafael Ramirez, 23 Eagle Court, Daytona Beach, thanked everyone who attended the Halifax Freestanding Emergency Room grand opening and he read a letter from the partnering company Landmark Healthcare. Patricia Gibson, 230 Courtland Blvd., Deltona, spoke about sending the Commission an email, the Florida Building Code, transcript answers provided by Leigh Grosvenor and Steve Roland, she asked how the City inspects a roof or shingles without going on the roof, the nailing pattern for shingles, there being no time limit for filing a complaint against a Building Official, falsification of a building permit and she requested all copies of all permit numbers for the last seven years. Nancy Schleicher, 1460 Baton Drive, Deltona, extended her sympathies to Commissioner Bradford's family, she congratulated the City for utilizing the water bills to promote the new Halifax Hospital facility and a Commissioner disagreeing with that process, the Halifax Freestanding Emergency Room being open 24/7 which is a huge benefit to the residents, the many ribbon cuttings the City has had, she gave credit to Public Information Officer Lee Lopez for spotlighting individual businesses on DTV, to continue using every avenue possible to promote the City and to continue to have open communication. Doug MacDonald, 1494 Surrey Run Court, Deltona, spoke about governance for the Commission, three active cases of misconduct which are in the court system, hoping for guidelines and restrictions for Commissioner conduct, civility among the Commission and he asked the Commission to revisit the topic of civility, negative comments made toward members of the Commission and not allowing those type of comments, the 2018 election seats that will be open and improving the climate. Santiago Avila, 710 Armadillo Drive, Deltona, expressed his condolences to Commissioner Bradford's family, he has been meeting with Commissioners, he commended Commissioner Honaker for his work with Pine Ridge High, he attended the Halifax Hospital grand opening and people asked why the Commission was not in attendance, thanked the firefighters for helping with all the local fires, he thanked Jerry Mayes for all he does for the City, the First Amendment and being respectful, monitoring residents with tag readers and Volusia County Sheriff's Office needing to pay for them, monitoring social media, and House Bill 571 is going to be reintroduced. Brandy White, 2926 Chalmer Street, Deltona, spoke about the City spending $100,000 for a storage unit when residents are asking for more playing fields, she asked if other than the Veterans Community Education Partnership (VCEP) does the City budget money for any other 501c3 organizations, why ECHO funds are not being used for things like the new storage facility, how much ECHO funds has the City applied for and why the City did not apply for ECHO funds for The Center, that she had sent out several emails to the Commission, clear misrepresentation and under qualified Event Manager, City of Deltona Page 5 Printed on 5/9/2017 City Commission Minutes May 1, 2017 she received all the resumes and applications for everyone who applied for the Event Manager position and why the City only interviewed three applicants for the Event Manager position. Kurt Sniffin, Deltona, spoke about the Super Star Student recognitions and he asked why Trinity students are not recognized, the City spending $8 million on The Center and that money could have been better spent in the community for the kids, kids that are active in sports are more well-rounded, the City "kicking the can" on projects for the youth of Deltona, complaints about the youth committing crime and the graduation rate, the City of Umatilla having a beautiful sports facility and the City has to do more for the youth of Deltona. Mayor Masiarczyk called a break at 8:28 p.m. and reconvened at 8:34 p.m. 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: None. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 36-2016, Zoning Amendment (RZ16-004) for property located at the southeast corner of the intersection of Normandy Blvd. and Saxon Blvd., at second and final reading - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development, determine the business niche for the City to target/pursue. Motion by Vice Mayor Nabicht, seconded by Commissioner Herzberg, to adopt Ordinance No. 36-2016, changing the zoning designation on the +2.5-acre subject site located at the southeast corner of the intersection of Normandy Blvd. and Saxon Blvd., from R-1 (Single-Family) to C-1 (Retail Commercial); 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. 36-2016 for the record. City of Deltona Page 6 Printed on 5/9/2017 City Commission Minutes May 1, 2017 AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP PURSUANT TO CHAPTER 110, SECTION 1101, OF THE CITY CODE OF ORDINANCES NINE (9) PARCELS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SAXON AND NORMANDY BOULEVARDS FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO RETAIL COMMERCIAL (C-1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk Ordinance No. 36-2016 was adopted at 8:36 p.m. B. Public Hearing - Ordinance No. 03-2017, amending Chapter 30 “Elections” to create Section 30-2, to be entitled “Petitions to Amend City Charter”, and Section 30-3, to be entitled “Signature Verification for Petitions to Amend City Charter”, establishing the required form, content, and certification of Petitions to Amend the City Charter, at second and final reading. - Marsha Segal-George, Interim City Attorney (386) 878-8872 Strategic Goals: Internal and External Communications Motion by Commissioner Honaker, seconded by Commissioner Soukup, to adopt Ordinance No. 03-2017 at second and final reading. For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk 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. 03-2017 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING CHAPTER 30, ENTITLED “ELECTIONS,” OF THE DELTONA CODE OF ORDINANCES TO CREATE SECTION 30-2, TO BE ENTITLED “PETITIONS TO AMEND CITY CHARTER”, AND SECTION 30-3, TO BE ENTITLED “SIGNATURE VERIFICATION FOR PETITIONS TO AMEND CITY CHARTER”; ESTABLISHING THE REQUIRED FORM, CONTENT, AND CERTIFICATION OF PETITIONS TO AMEND THE CITY CHARTER; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. City of Deltona Page 7 Printed on 5/9/2017 City Commission Minutes May 1, 2017 The motion carried by the following vote: For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk Ordinance No. 03-2017 was adopted at 8:38 p.m. 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY ATTORNEY COMMENTS: Interim City Attorney Fowler stated he had mentioned a couple of weeks ago an issue at Wes Crile Park regarding the early failure of the gym floor and that it has a 15 year warranty. He stated he had written a letter to the manufacturer and given them until this past week to respond as to how they wish to repair it but, he has not received a response to the letter. He asked the Commission's permission to sue them on their warranty for failure to comply. Mayor Masiarczyk stated the floor is deteriorating, it is useable but, the longer the City waits the worse the floor will get. Interim City Attorney Fowler replied the floor is particularly bad at the areas underneath the basketball hoops. He stated his intention is to send another letter along with a copy of the law suit and that they have a short period of time to contact him or the law suit will be filed. Motion by Commissioner Herzberg, seconded by Vice Mayor Nabicht, that the City Commission of the City of Deltona to direct the City Attorney to engage in whatever manner is deemed successful including filing the law suit to go ahead and rectify the issue with the gym floor at Wes Crile Park and just give authorization to get retribution in some way or another. The motion carried by the following vote: For: 6 - Commissioner Alcantara, Commissioner Herzberg, Commissioner Honaker, Commissioner Soukup, Vice Mayor Nabicht, and Mayor Masiarczyk Interim City Attorney Fowler stated there is a continuing dispute between the City and Mr. Lawhun regarding an easement and that he understands Mr. Lawhun has filed an action against the City even though the City has not been served. Commissioner Herzberg stated the City was served today and she signed for it. City of Deltona Page 8 Printed on 5/9/2017 City Commission Minutes May 1, 2017 Interim City Attorney Fowler stated mediation is set for tomorrow but, depending on what is obtained he may want to have a shade meeting which would be around two weeks from tonight. He stated if it can be worked out it may be that a shade meeting is not necessary. Mayor Masiarczyk explained what a shade meeting is and he asked the Interim City Attorney to proceed. Interim City Attorney Fowler stated the legal issue pending deals with the easement and the one that the City was served with today deals with the noise issue. Mayor Masiarczyk stated he wants to settle all actions with Mr. Lawhun and Interim City Attorney Fowler replied if one can be settled he thinks it would take care of both issues. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: Mayor Masiarczyk stated the Commission is going down a road every meeting, the meetings are getting longer and longer and the Commission is getting into these big debates. Under Commission Comments Commissioners are allowed to make comments and does not allow others to comment back and forth on items that are not on the agenda. He stated that is how he would like Commission Comments to be and if there was any objection. Both Commissioner Soukup and Commissioner Alcantara objected because this is the only time the Commissioners can speak to one another. Mayor Masiarczyk stated as previously discussed, Commissioners can bring up items for discussion during City Commission Special Reports but, nobody brought anything up. He stated this could get out of hand, it is unfair to the public and nobody is prepared for it but, a Commissioner could make a statement and asked that it be placed on an agenda. Commissioner Honaker stated the Commission needs to continue with the meeting regarding the Commission's Policies and Procedures and Mayor Masiarczyk agreed, as that is vitally important. Commissioner Soukup spoke about the flier that contained the City logo which was sent out in the water bills regarding Halifax Hospital and it not coming before the Commission for approval. He stated the Commission talked about the City logo going on T-shirts for Deltona High School and Pine Ridge High School but, because the City logo was being used it had to go before the Commission for approval. He asked the Commission who knew about the flyer and nobody did. He stated he is not against the concept or Halifax Hospital but, he was told that the City approached them about doing the flyer. Commissioner Soukup stated the message boards were not used for Arbor Day City of Deltona Page 9 Printed on 5/9/2017 City Commission Minutes May 1, 2017 because a business rented them and the turn out for the City event was lower than previous years. He asked if the City Manager made an administrative decision by going over the Commission because what she did was a violation of what he was told the City’s policy is regarding the use of the City logo. Commissioner Soukup asked the City Manager when the idea of a liquor license came up during conversation and she stated at the Workshop on April 10th. He asked the Commission if anyone knew before April 10th that the City was even thinking about obtaining a liquor license and Mayor Masiarczyk replied he did. He stated the City Attorney told him that the idea for a liquor license did not come from him but, he was looking into what type of liquor license could be obtained. Commissioner Soukup stated The Center is being presented as a community center, this area could be built up all down Howland Blvd. as the City’s downtown and now The Center has turned into a business venture. The City has no business plan, the cost and revenue of The Center being exactly the same amounts, emails stated the City has to rezone The Center property to C-2 which it already is and it really needing to be rezoned to R-2, not bringing the rezoning before the Commission, the City trying to get a $250 event license and the events being presented not being allowed under that license, taking liquor sales from the private sector and the liability of having a liquor license and needing to create an authority to run it. Commissioner Soukup stated The Center’s policies and procedures brochure was distributed without the Commission’s knowledge and there were numerous errors throughout the document. He asked the City Manager how many times the brochure went out and City Manager Shang replied he might have provided it to six or seven individuals. He stated he received an email from the City Manager that stated the brochure was a rough draft intended for Ms. White and it has not gone out to anyone. He stated he did a public records request for Chris O’Donnell’s emails and the brochure was distributed to eleven individuals. He asked if the Commission read any of the emails that were sent out by Brandy White regarding Chris O’Donnell’s application packet and the vetting process which showed numerous discrepancies. He reminded the Commission of a firefighter who presented an email regarding a statement made by the previous Human Resources Director and the Commission calling for that Director to be fired. He stated if anything The Center is going to drain money from where it should be spent, the City should stop construction on The Center immediately and put the project out to bid. Commissioner Soukup stated he is disappointed in the City’s Volusia County Council Representative for not coming forward with possible ECHO funding that could be used for The Center and other projects. He asked why the City is not applying for ECHO funds, why the City’s Grant Writer is not applying for ECHO funds, that he was told the City has been awarded zero ECHO funding for projects and only submitted one but, it was rejected because it was not filled out properly. He stated the City is able to apply for ECHO funds during The Center’s construction and he questioned why the City is not using ECHO funds for other things like the Veterans Memorial Park's storage building. He stated he has asked Councilman Lowry since 2000 how much money has been City of Deltona Page 10 Printed on 5/9/2017 City Commission Minutes May 1, 2017 pulled out of Deltona and how much has been put back in from ECHO funding. Commissioner Soukup summarized that he believes the Event Manager should be terminated, that The Center project should be put on pause but, if the City moves forward with The Center the City needs to create a business plan. Commissioner Soukup stated there was a project called the Partnership Center and in 18 months the lady running it raised $28 million so the building would have been paid for but, the project does not exist because of Deltona. He stated Deltona heard that if there were any expenses incurred on the project it would be divided between the partners and Deltona axed it, it was just operational costs. He stated the only way to justify debt for The Center is by getting a liquor license, turn the project into a business instead of a community center and he believes somebody needs to step up. Commissioner Soukup stated he is okay with tag readers but, a year from now it needs to show they are working or they need to come down. Commissioner Herzberg stated she attended the Parks Capital Improvement Plan (CIP) public forum, there was a great turn out, that she did not realize there are 23 existing parks and one thing the residents wanted was improvements in the existing park, especially to the fields. She stated questions were raised about Veterans Museum and Thornby but, what was not mentioned is the 24th park, the pocket park which was budgeted for $100,000 but, there has to be an additional $25,000 for gopher tortoise removal. She suggested putting all park projects on hold, budgeted or not and not to include The Center unless the City is in the middle of a park improvement. She stated she believes more funding has to be put into the parks and fixing what is there, specifically the signage to get to the parks and at the entrances. She stated she is strongly in favor of addressing funding for the parks that are really in need to include beautification and landscaping. Commissioner Herzberg stated she attended this past week the Institute of Municipal Elected Officials Advanced Training in Daytona for two days and unfortunately, Commissioner Bradford was scheduled to also attend but, could not make it. She expressed her condolences to Commissioner Bradford's family for the loss of her father. She stated the City is not alone in their issues, other municipalities have issues that are different but, generally speaking looking at today's audit she is proud of the City and the positive things it has done in terms of its financial solvency. She stated when you look at other cities around the State and see what they have going on for financial issues, the City is very fortunate. She stated when you look at the possible additional $25,000 homestead exemption being placed on the 2018 ballot, she worried about that for the City but, she is not as worried as she would be if she were an elected official in some of these other municipalities because Deltona has been financially prudent should the City have tax revenue taken or an additional homestead. She thanked City staff and the Finance Department for all the positive things that have been done. Commissioner Herzberg stated on May 17th from 6:00 p.m. to 8:00 p.m. she will be having a District #3 Town Hall Meeting at the old Community Center located on City of Deltona Page 11 Printed on 5/9/2017 City Commission Minutes May 1, 2017 Lakeshore Drive. She stated at this time Sheriff Chitwood will be there, it will be a "fight the blight" interactive town hall with a listening panel and Sheriff Chitwood will be answering questions. She stated she hopes everyone can come together to look at what things can be done to fight the blight to enhance Deltona and have resident input to see what the residents want. Commissioner Honaker reminded the Commission that Commission recommendations for hiring and firing a City employee, if any, should be done on a one on one basis with the City Manager and not directed by the Commission from the dais because that would be a violation of the City Charter. Commissioner Honaker stated in regards to the flier that is the normal use of the City logo to inform the residents of a new service the City is providing and he did not see it as a marketing or advertising that particular business. Commissioner Honaker stated he attended a seminar on Parliamentary Procedures and Roberts Rules and he reminded everyone that minutes are a permanent record of what happened at a meeting and it does not have to be what was said. Commissioner Honaker stated he mentioned at a prior meeting paying off the stormwater loan, the City made the May payment and the City would save $1.7 million in interest, however, it cannot be considered until May 1, 2019 because there is a stipulation in the loan document that it cannot be paid off before that date. Commissioner Honaker stated there is a lot of talk about on the Community Redevelopment Agency (CRA) and he explained that the money for the CRA area is not immediately there and the main source of revenue is when all the assessed values of the properties in the CRA area are calculated at that time. Commissioner Honaker stated he wants to get a fire assessment fee study done this budget year because just fire and police is $20 million, $10 million each and in tax money that is received each year the City gets $13.5 million which is not enough to pay for the City's safety and security. He stated the City has to look at where else to get money from so funds do not have to come from other areas. He stated the 3rd homestead exemption is coming up for a vote next year and that means less money to provide residents services and the City is trying to come up with a budget for needed services. Commissioner Honaker stated the term "laying it on the table" is the wrong terminology for laying an item to another meeting and the correct term to be used is "post pone to a certain time." Commissioner Alcantara read 2 Samuel 22:7 and he stated he put out on social media a "call to prayer" to anyone that believes in a higher power to ask for rain. People take nature and God's creation for granted and rain is desperately needed. Commissioner Alcantara stated with regards to the insert that was placed in the water City of Deltona Page 12 Printed on 5/9/2017 City Commission Minutes May 1, 2017 bills, he agrees that whenever the City logo is used it should come before the Commission for approval. He stated during his campaign he took a picture of City Hall and he had to remove the City flag because it had the City logo on it. He stated he was thinking about all the businesses throughout the City and he suggested to start a program where businesses could pay to advertise in the water bills. He asked if he wanted to put out a "voluntary call to pray" could that be placed in the water bills and Interim City Attorney Fowler replied he would advise against it, it could lead to objection and a potential for a law suit. Commissioner Alcantara asked everyone to pray for rain. Commissioner Alcantara asked when the Consumptive Use Permitting (CUP) expires and City Manager Shang replied she would have to look it up. Commissioner Alcantara stated the Commission received an email that the Lake Monroe Project 4A is on hold and he asked if it still was on hold. City Manager Shang replied there was a bid protest but, she believed the issue has been resolved and the bid protest will be withdrawn. Commissioner Alcantara asked what the project would accomplish and City Manager Shang replied it is in regards to reclaimed water. Commissioner Alcantara asked what does the project encompass, where is the water coming from and what is the City doing with it. City Manager Shang replied the City is increasing its ability to provide reclaimed water, it will help with the City's water requirements and in turn the CUP. Commissioner Alcantara stated personally he is against, he was told rib sites take storm water and rain water, treats it and then pumps water back into the aquifer. Also, that it is a requirement for the City to maintain its CUP and he asked if that is what it does. City Manager Shang replied she would have to get back with him regarding that. Vice Mayor Nabicht stated it is going to take water from the St. Johns River, send it to the reclaimed plant, mix it with the amount of reuse water to steady the amount of reclaimed and then it is able to be put out into the City. Commissioner Alcantara stated staff informed him that to get reclaimed water out to the City is very expensive and he was told that Live Oak, Coventry and Saxon Ridge have it. He asked if the City is spending $10 million on the project to do that, is there a plan in place to get it to the residents. Vice Mayor Nabicht replied his understanding is that it is going to supply the existing reclaimed systems that are currently in the ground, that the City does not have the reclaimed to send out. Right now the City is pumping around 25 to 26 million gallons a day and in December the City pumps about half that amount, around 11 to 12 million gallons. The idea is if people are watering their grass which is where it is going and the City makes more reclaimed available, the City is reducing the amount of potable water that is pumped out of the ground and treated. Commissioner Alcantara stated that is for the people who are already on reclaimed which is a small amount of users. Mayor Masiarczyk stated this is a big issue but, there is one other aspect, the City has a contract to supply hundreds of thousands of gallons to one entity in town and part of the reason for this was to lessen the cost to the residents. He stated this is not just the City doing this, this is a partnership with the West Volusia utility provider so if the City pulls out the entire partnership fails and it is something the City has been working a long time on. City Manager Shang stated the Commission will be having two workshops on water that are coming up, the first one on Monday, May 8th and the second one on Monday, May City of Deltona Page 13 Printed on 5/9/2017 City Commission Minutes May 1, 2017 22nd. Also, this whole project has been discussed numerous times with the Commission and has been approved time and time again. She stated staff is always available to answer questions and she asked to allow Public Works/Deltona Water Director Matt Doan to provide answers before coming to any conclusions. Commissioner Alcantara recognized the IT Director Steve Narvaez who has appeared in several magazines. Commissioner Alcantara stated the City is a year into the trash rules and he would like to bring up some things that he hears over and over again. He stated he did a poll on social media, on the Beautify Deltona Facebook page that has around 720 members and he realizes that sometimes polls are not very accurate but, he is using this as a good sample of the City as a whole. He stated the questions asked, the available responses, the residents'nbnbnbnbnbnbnbnbnbnbnbn answers and the percentage. He stated he brings this up because the Commission represents the people and between this and the amount of complaints he receives, the City needs to tweak these rules again. He asked how the Commission goes about doing this and Mayor Masiarczyk replied the City is under a contract and it needs to be scheduled for discussion and then ask the hauler what their fee would be. Commissioner Alcantara stated to put the item on an agenda, to contact the contractor to find out what it will take to have one bulk unlimited pick-up per month and Mayor Masiarczyk stated to let the City Manager agenda it and find out the cost. There was no objection from the Commission. Commissioner Alcantara stated he has some concerns with The Center, there were people who attended his recent Town Hall Meeting who said the senior were the catalyst for The Center and now they are just an afterthought. He stated he knows there is a designated area for the seniors that will be used by the Council on Aging but, looking at the big picture and how much space they are getting compared to the whole building, they are really not getting much and he has not heard anything about the youth. He is concerned with the person hired for the Event Manager position and he is not confident that he is the best person for the job. One of the qualifications for the position was that the person had to have a bachelor's degree in either hospitality, public relations/marketing or a related field and his degree was in education. He stated he was told his focus was business but, according to a transcript that he received via email the focus was education so he does not qualify for the position. He stated he has a concern regarding the 43% sales needed from alcohol or liquor sales and he does not believe that the City should be selling liquor. He stated he had asked if a feasibility study was done before The Center was started and he was told that The Center had been talked about for 10 years. He suggested tweaking The Center to make it a community center, there is time to do this, bring churches and non-profits together to run the center and maintain the programs for the youth, special needs, employment resource center and liberal arts programs. He suggested letting the community run the center, there will be no staffing needs and have a partnership with the community. Let the community be in charge of fundraising and have them speak to the local businesses to buy into the community center. He stated the sale of alcohol needs to come back before the City of Deltona Page 14 Printed on 5/9/2017 City Commission Minutes May 1, 2017 Commission for a decision. Commissioner Alcantara stated prior to being on the Commission he asked to speak with the City Manager about the 3rd largest business in Orange City who wanted to move into Deltona and he provided the organization's contact information to the City Manager several times but, the City Manager never contacted them and instead the organization expanded their business in Orange City. City Manager Shang replied she does not recall but, she does recall him providing her with a contact, she remembers meeting with someone and she also had staff contact people. Commissioner Alcantara stated that it is the City Manager's responsibility to make contact with a business like this and not staff. City Manager Shang replied that she believed his facts are incorrect but, she will check. Commissioner Alcantara stated in February during his Commission Comments he tried to reason with everyone as to why the City needs a new City Manager. He stated his comments were not emotionally driven but, backed by fact. It has been over a month since he made his plea to the Commission which is plenty of time for everyone to reflect. He stated this is not a complete list but, the following reasons is why he is ready to terminate Jane Shang's employment with the City and he listed his 15 reasons. Motion by Commissioner Alcantara, seconded by Commissioner Soukup, to terminate Jane Shang's employment effective immediately with necessary time notices if there be any. Commissioner Soukup stated to add his comments made tonight to the list provided by Commissioner Alcantara. He stated he was told that the contractors for The Center were advised to contact only the City Manager and the Mayor which he has issues with. He stated he believes there are serious leadership issues, the City Manager is listening to one person and because of these reasons he is 100% behind the motion and he is ready to cut the City's losses. He stated the Commission decided when going through the hiring process to hire an experienced City Manager and Ms. Shang does not have that experience. Commissioner Alcantara stated a lot of the issues have been discussed and criticized by the public. This has been due to poor decisions made by Ms. Shang, although not intentional because this is the first time she has been a City Manager. He stated if the Commission does not hold her accountable then who will. Commissioner Honaker stated doing something different than somebody else does not make the way they do it wrong and he called for the vote which was seconded by Commissioner Herzberg. The motion failed as follows: For: 2 - Commissioner Alcantara, and Commissioner Soukup City of Deltona Page 15 Printed on 5/9/2017 City Commission Minutes May 1, 2017 Against: 4 - Commissioner Herzberg, Commissioner Honaker, Vice Mayor Nabicht, and Mayor Masiarczyk Vice Mayor Nabicht stated with regards to the tag readers, when he asked for additional tag readers be placed into the budget he had asked for performance information after they were up and running so the Commission should definitely see that. Originally the tag readers were to go on vehicles but, there was a technology issue with that. When the VCSO brought a vehicle equipped with the tag reader into the City and just in the 48 hours the VCSO had gotten several hits on hot cars, warrants and things of that nature. He stated he agrees it has to perform. Commissioner Soukup asked how the locations for the tag readers were chosen and both Vice Mayor Nabicht and the City Manager replied that the VCSO chose the locations. Vice Mayor Nabicht stated he thinks the County strategically placed the ones that were in the County budget, these were additional ones to be within the City but, he agrees with the performance, the numbers have to be there and have to get the right amount of hits. Vice Mayor Nabicht stated he is on the advisory board of Pine Ridge Health Academy and they did an anti-drinking and driving program along with numerous agencies who were instrumental in getting it together with the hope to get a strong message to Juniors and Seniors who were going to prom and that message did get out, there were no Driving Under the Influence (DUI) fatalities or injuries as a result of prom this year. Vice Mayor Nabicht stated he was at the public forum for the Parks & Recreation Capital Improvement Program (CIP) and there were a lot of people from the leagues that use the fields. He stated he thought there would be a conversation about future development of new fields and facilities but, he cannot see moving forward with any new parks facilities in the upcoming budget until the existing ones are fixed. He stated his focus for this budget year will be on maintenance and expanding within the existing properties that are already developed. Vice Mayor Nabicht stated he agrees with Commissioner Honaker, he would like to schedule another meeting for the Commission's policies and procedures to try and finish that up. Vice Mayor Nabicht asked Commissioner Soukup if he knows how the Environmental/Ecological, Cultural, Historical/Heritage and Outdoor (ECHO) board is comprised and Commissioner Soukup replied each member of the County Council makes an appointment. Vice Mayor Nabicht suggested to lobby the County Council to appoint someone from Deltona and Commissioner Soukup stated there were two appointees from Deltona. Vice Mayor Nabicht asked if the appointments could be elected officials and Commissioner Soukup replied he believes it can be anyone they want. Vice Mayor Nabicht stated the City needs to take a look at that board and try and City of Deltona Page 16 Printed on 5/9/2017 City Commission Minutes May 1, 2017 get some representation with some influence and definitely need to look for funding for parks and parks maintenance or to expand any of the parks which will be a focus in next year's budget. Vice Mayor Nabicht stated the City needs to have a business plan for The Center with a great deal of detail put in front of the Commission. His impression of the workshop was that everything discussed was a draft and was going to be formalized and come back to the Commission for formal approval. He suggested to direct the City Manager to put a business plan together and move forward with it but, it sounds like the Commission will need a workshop to discuss it because of the difference in opinions. Vice Mayor Nabicht stated the Commission chastised him and "spanked me" when he took to social media with regards to the trash. He stated he told the Commission what was done with the trash was an abomination, was the wrong result, it may have started out with good intentions but, the only way to fix the contract with Waste Pro is not with an ordinance but, to go out to bid with the specifics of what the Commission wants done like having the recycling like Orange City does. He stated he does not care what Waste Pro says about separating the trash because he has watched mixed containers of recycling go into the truck every Friday in his district. He stated the way the trash is going is burdensome and problematic on a multitude of levels and the Commission had talked about hiring Redman to evaluate the program. Before a bid is developed Redman needs to evaluate what is going on, take what is working and continue to use it and take what is not working, get rid of it and come up with alternatives. He stated Commissioner Alcantara's figures of 60 residents out of 85,000 residents is not a good representation of what the people want but, maybe Redman can conduct a survey that will reach all the residents. He stated the City needs to look at commercial pick-up and requiring that the same people who pick-up residential also pick-up commercial trash. There is a great deal of things that need to be done to fix the trash problem in the City, it is going to take fixing the contract and now is the time to hire Redman and get them on board. He suggested giving the City Manager direction as to what is wanted with regards to trash. Commissioner Herzberg stated the hiring of Redman needs to be put in the form of a motion and Vice Mayor Nabicht stated it is already budgeted and he thinks he is hearing a consensus to hire Redman to come in and start evaluating because the money is still in budget to move that forward. Commissioner Alcantara asked which agenda the topic of trash would be on and Mayor Masiarczyk replied the City Manager needs to contact the hauler to find out the cost. Commissioner Honaker stated the CUP was renewed and does not expire until the year 2033. Mayor Masiarczyk stated a lot of things the Commission is doing it is easy to make the statement that the City is spending money on things that end in 2033. The CUP is issued for a long period of time based on a certain time and things the City agrees to do during that time. Part of that was the coalition that the Commission put together with the Blue Springs Water Shed, other cities and utilities. The City is a victim of not being able City of Deltona Page 17 Printed on 5/9/2017 City Commission Minutes May 1, 2017 to walk away from some of these deals because there are a lot of things tied to it. The City's CUP is far superior to what the City needs but, the City has to keep doing these projects. Mayor Masiarczyk stated he heard an enormous amount of things tonight and a lot of bad information. The Commission needs to work together to make things right instead of criticizing the way things are going. Let's put forth ideas and talk about making it better instead of condemning what is going on. He stated the Commission has done a whole lot of talking about alcohol and a liquor license, nobody has asked his opinion of it and he does not offer it but, when it does come up for discussion he has an opinion on it. He stated he has shared with the City Attorney that he does not like the idea and he stated one cannot assume that the Commission likes these ideas. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 9:55 p.m. ______________________________ John C. Masiarczyk, Sr., MAYOR ATTEST: _____________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 18 Printed on 5/9/2017