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City Commission

Regular Meeting

Deltona, FL · August 7, 2017

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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 City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes August 7, 2017 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: City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes August 7, 2017 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 City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes August 7, 2017 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. City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes August 7, 2017 15. ADJOURNMENT: Mayor Masiarczyk adjourned the meeting at 5:40 P.M. _________________________________________ Janet Day, Deputy City Clerk City of Deltona Page 5 Printed on 6/3/2020

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. City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda August 7, 2017 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. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda August 7, 2017 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 City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda August 7, 2017 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 City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda August 7, 2017 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 City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda August 7, 2017 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. City of Deltona Page 6 Printed on 6/3/2020

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