City Commission
Regular MeetingDeltona, FL · August 7, 2017
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 7, 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: 4 - Commissioner Alcantara
Commissioner Bradford
Commissioner Honaker
City Attorney
Excused: 1 - Commissioner Soukup
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Invocation Presented by Commissioner Alcantara
Mayor Masiarczyk stated Commissioner Alcantara is on the agenda to do the invocation
and if he is not in attendance at the regular meeting Mayor Masiarczyk will do a silent
invocation unless someone has something special to say.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting and Regular
Commission Meeting of July 17, 2017, as presented. - Joyce Raftery, City
Clerk (386) 878-8502.
There were no questions or comments on this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Recognition - Top Shelf Car Wash Car Wash Owners Chip Burton and Steve
Mountcastle and their employees.
Mayor Masiarczyk stated Commissioner Honaker will be making a presentation to Top
Shelf Car Wash for their participation with Relay Team “Commish” for the American Cancer
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Society Relay For Life Event.
B. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
Mayor Masiarczyk stated the next item is Quarterly Reports of the City Advisory
Boards/Committees and he has written reports from all of the Boards/Committees.
Commissioner Honaker stated he will have comments on the Firefighters' Pension Board of
Trustees and the Team Volusia reports.
There were no other comments on this item.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk stated the next item is City Commission Special Reports and Requests
and he asked if anyone had any reports or requests.
Commissioner Bradford stated she had a few updates including an update on HVAC, the
new assisted living facility and a couple of others.
Commissioner Honaker stated he had a topic to add to an August Workshop regarding
discussion on moving the Public Works Facility and he asked if a date for the Policies and
Procedures discussion could be set.
Commissioner Herzberg stated she wanted to schedule discussion regarding an Itinerant
Vendors Ordinance and a Criminal Gang Ordinance. She stated she will provide copies
and she wanted to have those topics addressed. She asked that the Criminal Gang
Ordinance be reviewed by Captain Eagan.
There were no other 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:
Mayor Masiarczyk stated the next item is the Consent Agenda and there are no items.
9. ORDINANCES AND PUBLIC HEARINGS:
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A. Public Hearing - Resolution No. 2017-29, Communal Housing Temporary
Moratorium - Chris Bowley, AICP, Planning & Development Services
Director, (386) 878-8602.
Strategic Goal: Economic Development - work with existing business to
expand/grow.
Mayor Masiarczyk stated Mr. Bowley will talk about this item and give an update.
City Manager Shang stated there was a recommendation to move this item to the August
21, 2017 Commission Meeting. She stated we can discuss it or move it depending on what
the commission wants to do but it was advertised.
Mayor Masiarczyk stated he will bring it up and if there is anyone who wants to speak
concerning this item he will let them speak.
Mr. Bowley stated the Commission would table the item to time certain. Mayor Masiarczyk
responded he will bring it up, the Commission won't speak and then the Commission will
table it to the August 21st meeting.
There were no other comments on this item.
B. RESOLUTION NO. 2017-30, A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELTONA, VOLUSIA COUNTY, FLORIDA, URGING MEMBERS
OF THE STATE LEGISLATURE TO ADOPT LEGISLATION AMENDING
CURRENT ANIMAL CRUELTY LAWS TO IMPOSE STRICTER, HARSHER
PUNISHMENT AND PENALTIES FOR ACTS OF ANIMAL CRUELTY.
Mayor Masiarczyk stated the next item is the animal cruelty resolution.
There were no questions or comments on this item.
Commissioner Alcantara arrived at 5:36 p.m.
10. OLD BUSINESS:
A. Discussion of Deltona Water regarding three topics brought forth by
Commissioner requests or to finalize previous Commission discussion
including: A. Deltona Lakes (Fisher) WWTP Closure B. Consumptive Use
Permit C. Deltona Water Rates, Matt Doan P.E., Public Works Director (386)
878-8973
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Mayor Masiarczyk stated the next item is regarding the Consumptive Use Permit (CUP)
and the Fisher Plant that will probably take a while. City Manager Shang added there is
also water and sewer rates. Mayor Masiarczyk acknowledged that there were three (3)
topics included in this item.
There were no questions or comments on this item.
B. Request approval of sole source recommendation for RCG Consulting, Inc.
regarding solid waste collection consulting services - Dale Baker, Deputy
City Manager (386) 878-8852.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program
Mayor Masiarczyk stated the next item is regarding the sole source provider
recommendation for RCG (Redman) Consulting for Solid Waste Collection Consulting
Services.
There were no questions or comments on this item.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
City Attorney Fowler stated he did not have any comments.
13. CITY MANAGER COMMENTS:
City Manager Shang stated she had two (2) comments she wanted to make, 1) regarding
the City Attorney advertisement, the Commission has received all the packages of which
there are about 12 and 2) in case you have not noticed there is a poster board with a
running tracking log of issues the Commission was interested in. She handed out a list of
the items that are on the board some of which have been completed.
There were no other comments.
14. CITY COMMISSION COMMENTS:
Commissioner Alcantara commented since he was not here for City Commission Special
Reports he wanted to bring up the Heritage Middle School local agreement and explore
having more programs at that school to make use of that agreement.
There were no other comments.
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15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:40 P.M.
_________________________________________
Janet Day, Deputy City Clerk
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Monday, August 7, 2017 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Alcantara
Background: At the Regular City Commission Meeting on Monday, October 17,
2011, the City Commission approved to have each Commissioner by
District schedule someone to present the invocation at each Regular
City Commission meeting rotating each Commissioner by District
starting with District #1, #2, #3, #4, #5, #6 and the Mayor
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Special Commission Meeting and Regular Commission
Meeting of July 17, 2017, as presented. - Joyce Raftery, City Clerk (386)
878-8502.
Background: N/A
Attachments: July 17, 2017 SCM Minutes
July 17, 2017 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Recognition - Top Shelf Car Wash Car Wash Owners Chip Burton and Steve
Mountcastle and their employees.
Background: Thank you to Top Shelf Car Wash owners, Chip Burton and Steve
Mountcastle and Top Shelf employees for their help in The Getting Wet
for Relay fundraiser.
A special thank you to employee Tabitha Pabon for all her efforts in
helping coordinate the event.
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Cash donations made by Car Wash patrons: $295.50
573 cars washed: $573.00
Total Funds donated: $868.50
B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce
Raftery, City Clerk (386) 878-8502.
Background: Quarterly Reports of City Advisory Boards/Committees:
1) Deltona Economic Development Advisory Board - Written Report
Only
2) Planning and Zoning Board - Written Report Only
3) Firefighters’ Pension Plan Board of Trustees - Written Report Only
4) Team Volusia - Written Report Only
Attachments: DEDAB Second Quarter 2017
P&Z Second Quarter 2017
FFP Second Quarter 2017
Team Volusia Second Quarter 2017
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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.
Citizen comments for any items. (4 minute maximum length per speaker)
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. 2017-29, Communal Housing Temporary
Moratorium - Chris Bowley, AICP, Planning & Development Services Director,
(386) 878-8602.
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Strategic Goal: Economic Development - work with existing business to
expand/grow.
Background: The City of Deltona (City) has an array of communal housing types. One
type, a Community Residential Home (CRH), is permitted through
Chapter 419.001, Florida Statutes (FS) with reference to Section
110-814 of the Land Development Code (Code). With limited local
siting regulation potential, CRH’s have in the past been associated with
private nuisances resulting in VCSO responses and the City’s land use
pattern lends itself to potentially more of these facilities.
As regulated under State law, the CRH does not have Conditional Use
approval and is within a separate section of the City’s Code (Ch.
110-814) than other communal home types that are regulated as
Conditional Uses within Chapter 110-817 (i.e. adult family-care homes,
assisted living facilities, group homes, nursing homes, and boarding
houses). Additionally, only some of the communal housing types are
defined in Chapter 70-30 and their terms are easily interchangeable.
Thus, definitions need to be added to Chapter 70-30 for greater
clarification to distinguish the housing types. Consistency is also
needed between the communal home types and the application of the
Florida Fire Prevention Code, Florida Building Code, and Florida
Agency for Health Care Administration (ACHA) license prior to
Conditional Use approval and business tax receipt issuance.
An ordinance will be drafted that includes input from the Planning &
Development Services, Building & Enforcement Services, Fire, VCSO,
Finance, and City Attorney departments, as a collaborative effort. Thus,
a staff recommended 120-day temporary moratorium from the date of
Resolution No. 2017-29 adoption is requested to review existing State
legislation, existing local Code regulations; and time to draft a new
ordinance and schedule for adoption through the City’s public hearing
process.
Attachments: Res No. 2017-29 Communal Homes Moratorium
B. RESOLUTION NO. 2017-30, A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELTONA, VOLUSIA COUNTY, FLORIDA, URGING
MEMBERS OF THE STATE LEGISLATURE TO ADOPT LEGISLATION
AMENDING CURRENT ANIMAL CRUELTY LAWS TO IMPOSE STRICTER,
HARSHER PUNISHMENT AND PENALTIES FOR ACTS OF ANIMAL
CRUELTY.
Background: The Town of Ponce Inlet is reaching out to municipalities in Volusia
County concerning their recent adoption of a resolution that urges
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members of the Florida Legislature to consider amending the penalty
listed in F.S. 828.12(2) for commission of aggravated animal cruelty
from a third-degree felony to a second-degree felony and to impose
stricter, harsher punishment and penalties for acts of animal cruelty. A
petition is currently being circulated by a group entitled Justice for
Ponce that has garnered approximately 20,000 signatures within the
past month. This movement is in response to a disturbing act of
violence against a nine-month-old Labrador retriever named Ponce,
which occurred on April 8, 2017 in Ponce Inlet. The Town of Ponce Inlet
is requesting the City’s support in changing current laws to impose
stricture, harsher punishment and penalties for acts of animal cruelty.
Attachments: Resolution No. 2017-30
Town of Ponce Inlet Request & Supporting Documentation
10. OLD BUSINESS:
A. Discussion of Deltona Water regarding three topics brought forth by
Commissioner requests or to finalize previous Commission discussion
including: A. Deltona Lakes (Fisher) WWTP Closure B. Consumptive Use
Permit C. Deltona Water Rates, Matt Doan P.E., Public Works Director (386)
878-8973
Background: Per the request of the Commission, staff is bringing forward discussion
of three items related to Deltona Water:
A. Deltona Lakes (Fisher) WWTP Closure
There has been recent discussion in multiple Commission
meetings and workshops regarding the potential of closing the
Deltona Lakes (Fisher) WWTP. There has been a request to
further explore the topic and produce a financial review of this
option. A detailed financial review of this option has not been
part of previous planning efforts due to the City’s policy to
provide sewer capacity for future growth throughout the City. A
hydraulic analysis of the City’s manifolded piping system and
pump stations is required to accommodate review of this
alternative along with assessment of impact to private pump
stations and development of capital cost estimates to
decommission the existing WWTP, construct a repump station
at the existing site, provide improvements for offsite piping and
pumps, relocate the SCADA backbone infrastructure, and make
improvements to the Eastern Water Reclamation Facility
(EWRF). The current budget does not include a specific project
for this work and funds would have to be allocated for staff to
work on this item. It is likely the services of one or more
consultants would be retained to assist in the review of this
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alternative.
B. Consumptive Use Permit
There has been recent discussion in multiple Commission
meetings and workshops regarding the City’s Consumptive Use
Permit (CUP). Staff is working with the St. Johns River Water
Management District CUP (SJRWMD) staff to comply with the
conditions set forth in the CUP as well as make adjustments to
the City’s benefit. It was determined by SJRWMD staff that those
potential permit adjustments would be accomplished via the
5-year compliance report due in 2018. SJRWMD staff will be
presenting an overview of the CUP.
C. Deltona Water Rate
Multiple workshops were held on the topic of Deltona Water rates
and the item was added to previous Commission meetings.
Staff had recommended an increase in the water index and
decrease in the sewer index for FY 17/18. The Commission did
not reach a consensus. There was a discussion regarding
holding rates at no increase for six months while the rates were
further analyzed inclusive of additional rate related items of
interest. A formal resolution is required to halt the indexing plan
set forth by previous Commission actions, most recently in
Resolution 2015-37.
Attachments: A1-Deltona Lakes (Fisher) WWTP Closure 1
A2 - Deltona Lakes (Fisher) WWTP Closure 2
B - CUP Presentation
C1 - Rate Memo
C2 - Consultant Proposal
B. Request approval of sole source recommendation for RCG Consulting, Inc.
regarding solid waste collection consulting services - Dale Baker, Deputy City
Manager (386) 878-8852.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program
Background: At the June 19, 2017 Regular Commission Meeting a motion was
made and approved for the City Manager and City Attorney to enter into
discussions with RCG Consulting, Inc. (Redman) to bring forward a
contract to include the current system, the process to get through the
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bid process and recommendations as to what should or should not go
into the bid document and bring it to the City Commission within the
next 30 to 60 days. The scope of work relates to solid waste collection
consulting services.
Attachments: Redman Contract
RCG-Deltona Consulting Contract Addendum-1
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
a record of the proceedings, and for such purpose he/she may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of
the meeting date and time at (386) 878-8500.
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