City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, June 5, 2017 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1. CALL TO ORDER: Mayor Masiarczyk called the meeting to order at 5:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 3 - Commissioner Bradford Commissioner Soukup City Attorney Excused: 1 - Commissioner Honaker Absent: 1 - Commissioner Alcantara 3. INVOCATION AND PLEDGE TO THE FLAG: A. Silent Invocation Presented by Mayor Masiarczyk Mayor Masiarczyk stated he would do a silent invocation. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of May 15, 2017, as presented. - Joyce Raftery, City Clerk (386) 878-8502. There were no comments or questions on this item. 5. PRESENTATIONS/AWARDS/REPORTS: A. "Deltona: Making It Happen" video presentation Commissioner Soukup asked if this video would be played at every meeting. City Manager Shang responded "yes" it will be played at the first meeting of each month to give updates on the construction and what is happening around the City. Commissioner Soukup stated it looks like it is the same video. Mayor Masiarczyk asked if the video is updated and City Manager Shang responded "yes". City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes June 5, 2017 B. Summer Youth Program - Sheriff Chitwood Mayor Masiarczyk stated Sheriff Chitwood is next to talk about his summer program. Commissioner Soukup stated we forgot the Pledge and Mayor Masiarczyk led the Pledge to the Flag. C. Proclamation - Lieutenant Roger Eckert’s retirement and 33 years of service with the Deltona Fire Department. There were no comments on this item. D. Recognition - Matt Doan, Public Works Director for receiving the 2017/Volusia League of Cities “Public Works & Utilities Employee of the Year” Award There were no comments on this item. E. Recognition - Trap, Neuter, Return Program represented by Ms. Brooke Light for receiving the 2017 Volusia League of Cities “Citizen of the Year” Award for the group’s contribution to the City of Deltona Commissioner Soukup asked if Commissioner Herzberg was the President of the Florida League of Cities (FLOC) board and Vice Mayor Nabicht responded "no" she is the past president. He asked how the nominees are voted on and it was determined a committee is formed to review the nominations and make the selection of the person to receive the award. There were no other comments or questions on this item. F. Super Star Student of the Month Certificates for May 2017 There were no comments on this item. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Mayor Masiarczyk stated he had a couple of things that needed to be done. He stated first is regarding Steven Vancore of Vancore Communications who is asking to do a survey of the Commission on a proposed 1 cent sales tax but it has to be a combined response of what the City of Deltona wants. He went over the questions. He stated he believes until we know how the money will be divided between the cities it will be hard for the City to rank what is best and the Commission can just say what we want or the Commission can just say we do not want to take part in this opinion poll. City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes June 5, 2017 Vice Mayor Nabicht stated he believed the City should participate and have each Commissioner go ahead and fill out the score card and get the average of where they fall . Mayor Masiarczyk stated he will just make a copy for each for the Commissioners to fill out or you can ask the City Manager to do it. City Manager Shang responded this is just a precursor for the consultant that is being hired to be able to formulate the question by knowing what is important to each of the municipalities. Vice Mayor Nabicht asked who is hiring the consultant and City Manager Shang responded it is Kent Sharples' group and that businesses will be paying for it, not the cities. Commissioner Bradford asked if the money like the sales tax would be divided up by the size of the cities and City Manager Shang responded "no" the talk is about point of sale, where the sale occurs. Mayor Masiarczyk stated that it is not being discussed and he has asked how much money the City would receive so the City can sell it to the people and to see if it is worthwhile to the City. He stated unfortunately that is how ECHO and other programs got started; the County holds the purse strings, a committee decides where the money goes and he does not want to be a part of that. City Manager Shang stated there is a thought process and Vice Mayor Nabicht responded we need to stop this discussion as this is going beyond the City Manager Agenda Review. It was determined that this issue should be discussed at the in the public at the Regular Commission Meeting. Mayor Masiarczyk stated the other item is there is a resolution by the City of Ponce Inlet asking that the current animal cruelty laws have stricter, harsher punishment and stronger penalties. He stated they are looking for our support for that legislative action. Vice Mayor Nabicht requested that the paperwork be copied and distributed to the Commission and then have the City Manager schedule it to be an agenda item. Mayor Masiarczyk stated he will give the paperwork to the City Manager for distribution. Commissioner Bradford stated she would like to have clarification regarding a petition to change the Charter that is going around. She stated at a previous meeting the Mayor had asked if the Commission was interested in discussing amendments to the Charter and now we have a City Commissioner involved with the board submitting the petition. She asked if that was a conflict of interest. Mayor Masiarczyk responded he did not know about that but he had heard a rumor to that effect and he asked if the Commissioner was actually a member of a Political Action Committee (PAC) would that be a conflict. City Attorney Fowler responded it is probably not a conflict however, he would be happy to look into it . Commissioner Bradford stated her other question is if the petition was to go through and was voted on by the public, would the changes apply to the Commission regarding anything the Commission raises being rolled back. She asked if the City would have to pay back any extra money. Mayor Masiarczyk stated he believes the best position for the Commission as individuals and you can do what you want is to not comment until legal has had a chance to look at the petition and give direction as to whether it is a legitimate request for a Charter Amendment. He stated that Charter Review is something the Commission controls by selecting members for the committee and that was what he was asking about so the City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes June 5, 2017 Commission could discuss it. He added that no one seemed interested at the time so he dropped it; this petition came in a couple of days later from a PAC driven charter amendment request. He stated that has to go through the process and the less we can say until a final document that the PAC is going to push the better. Commissioner Bradford stated her concern was the effect if the Commission has a vote on any raises or changes in the amount of money raised by the City if we go above the 1%. Mayor Masiarczyk responded individuals would have to vote on that and it would be a Charter Amendment that would take effect if approved by the residents. He stated our debate on the validity of the request for change would be the activism that takes place after the PAC gets approval and starts getting petitions. He stated just today he knows of two (2) other drafts of the petition that have been submitted with amendments and there is no provision for amendments. He stated this has never happened before and he would like to defer to legal. He suggested waiting to see if the petition gets approved; the PAC will have to sell it to the public and then anyone else can try to sell their interpretation and the harm it would cause to the public. He stated they have a right as a citizen to put a petition together and we will do what we have to do when the time comes. Vice Mayor Nabicht stated he had received complaints about fireworks and he will be making some comments and a suggestion. He stated also, that he will be asking for some clarification and a future workshop to discuss Redmon and the contract for this year. Mayor Masiarczyk asked if Vice Mayor Nabicht wanted information or did he want to have discussion. Vice Mayor Nabicht stated he thought the Redmon thing was figured out but apparently it wasn’t so he wants it on a workshop meeting for discussion by the Commission. City Manager Shang stated the money was not budgeted however, she can find the money. Vice Mayor Nabicht stated he thought $30,000 was set aside and City Manager Shang responded it was one (1) of her suggestions and that was voted down. There were no other questions or comments on this item. 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. 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: 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2017-08, Conditional Use Application for St. Clare Catholic Church - Joseph Ruiz, City Planner, Planning and Development Services, (386) 878-8608. City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes June 5, 2017 Strategic Goal: Economic Development, Work with existing businesses to expand/grow. Mayor Masiarczyk stated the next item is a Conditional Use Application for St. Clare Catholic Church and he is not sure why they need to go back through because they were operating as a church under Volusia County. Mr. Bowley explained that back in 1993 they were established as a church, then we incorporated in 1995 and whatever the County had approved to them was not taken all the way through the process so, they did not get their final conditional use documentation. He stated the City just wanted to check that off in case there was any addition in the future. There were no other comments or questions on this item. 10. OLD BUSINESS: A. Water and Wastewater Rate Study Update - Matt Doan, P.E., Public Works Director (386) 878-8973 Mayor Masiarczyk stated the next item is the Water and Wastewater Rate Study Update . Mr. Doan stated this is informational only and there will not be an active vote; there will be a resolution in the future and it will be advertised in the water bills so we can get direction on how to proceed with the resolution and/or budget process. He stated the attachments are the same except the slide show has a couple of new slides. There were no other comments or questions. 11. NEW BUSINESS: 12. CITY ATTORNEY COMMENTS: The City Attorney did not have any comments. 13. CITY MANAGER COMMENTS: The City Manager did not have any comments. 14. CITY COMMISSION COMMENTS: Mayor Masiarczyk asked if there were any Commission Comments. Commissioner Soukup stated three (3) weeks ago he asked if he could address someone under Public Comments he was told "no". He stated later that night under Commission Comments which are not supposed to be for motions and votes unless you are putting something on a workshop agenda Commissioner Bradford made a motion on the Policies and Procedures. He stated we stayed with these rules in the City Manager Agenda Review City of Deltona Page 5 Printed on 6/3/2020 City Commission Minutes June 5, 2017 meeting and then changed the rules in the Regular Commission Meeting. Mayor Masiarczyk explained that the policy has been that the Commission is not supposed to address the public under Public Comment except to say thank you or refer them to staff. He stated if we open it up then sometimes there is a problem and the meeting may get expanded into a whole other meeting. Mayor Masiarczyk stated he will try to keep it to no comments but the Commission will have to help him. Commissioner Bradford stated the policy does say that a Commissioner can bring up as a Commissioner an item to be voted on with a majority of the Commission saying "yes" or "no" pending that it did not require more information from staff. She explained that at that point we did not need more information from staff because the Commission had already approved those changes to the Policies and Procedures. Commissioner Soukup responded that a redlined copy was requested, it was not supplied and the public was not noticed. Commissioner Bradford responded she had received a relined copy. Commissioner Soukup explained that was the issue when Commissioner Smith was here; items were brought up where the public was not prepared, the Commission was not prepared and people were put in awkward positions. Commissioner Bradford asked that an announcement be made at the beginning that we cannot respond during public comment because the public is wanting the Commission to respond to things they heard or seen on TV. Mayor Masiarczyk stated it goes back to the purpose of the meeting which is to do the business of the City government and our meetings have become an open forum or open mike night and that is the problem. He stated if we were doing the business of the City we would be moving forward and doing things but, what we are doing is having open mike night where we spend all night debating an issue. He stated he will try stop responses to the public except to direct them to the proper staff member or the City Manager. City Manager Shang asked to clarify that if she has an issue, she does get it out to the Commission. Mayor Masiarczyk commented regarding the petition that is out there he hopes that everyone will have a chance to sit with the City Attorney and run any questions by him so we can have a unified idea of what is going on. He stated the less that is said the better until the validity of the petition is determined and it actually goes forward because there are things in the petition that could change the way the City operates. There were no other comments. 15. ADJOURNMENT: Mayoy Masiarczyk adjourned the meeting at 5:59 p.m. _________________________________________ Janet Day, Deputy City Clerk City of Deltona Page 6 Printed on 6/3/2020