City Commission
Regular MeetingDeltona, FL · August 21, 2017
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 21, 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 Herzberg
Commissioner Honaker
Vice Mayor Nabicht
Mayor Masiarczyk
City Manager Shang
City Attorney
Absent 1 - Commissioner Soukup
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
A. Invocation Presented by Commissioner Soukup
Mayor Masiarczyk asked if the Commissioners had read their emails today and are the
Commissioners aware that Commissioner Soukup resigned today. The Commissioners all
responded "yes". He stated he will read the Serenity Prayer for the invocation and when the
Roll Call is done he will ask the City Attorney to read Commissioner Soukup's resignation
letter into the record. He suggested discussion of appointing a replacement should to be
added to the agenda under New Business.
City Manager Shang stated she has been asked to make a statement and she is putting
that statement together. Mayor Masiarczyk stated he had received a call from the News
Journal but he has not returned that call.
4. APPROVAL OF MINUTES & AGENDA:
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A. Approval of minutes - Regular Commission Meeting of August 7, 2017, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Mayor Masiarczyk stated the next item is the Approval of the Minutes.
There were no questions or comments on this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Recognition - Deputy Justin T. Ferrari of the Volusia County Sheriff’s Office
Selected as the 2017 Florida Sheriff’s Association’s Law Enforcement
Officer of the Year
Mayor Masiarczyk stated under Presentations the City will be recognizing Deputy Justin
Ferrari of the Volusia County's Sheriffs' Office.
There were no comments on this item.
B. Relocation of the Public Works Facility (oral report only) - Matt Doan, P.E,
Public Works Director (386) 878-8973.
Mayor Masiarczyk stated Matt Doan will be giving an oral update on the relocation of the
Public Works Facility.
There were no questions or comments on this item.
C. Request for City of Deltona funds - Review three (3) applications
Mayor Masiarczyk stated next we have three (3) applications for funds from the fund the
Commission created last year. He stated the Commission will change the policy next year
but these are coming under this fiscal year.
Commissioner Alcantara stated he did not remember if the Commission said it was going
to hold off until next year. Mayor Masiarczyk responded it would be any new ones and these
came in before the Commission approved moving forward with changes in the process on
the next agenda.
City Manager Shang stated the direction was to hold requests for the next fiscal year and
she provided those minutes to the Commission.
Mayor Masiarczyk clarified that unless there is an argument, these will go through but any
new ones will be held until the next fiscal year.
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Commissioner Herzberg asked if there were any more in the queue. City Manager Shang
responded “no” but clarified that funding is in the budget for next year however the
Commission had agreed the application process would be looked at and that is why a hold
was put on next year’s funding.
Commissioner Alcantara asked that when applications are submitted in the future that the
date the application was submitted be included. Mayor Masiarczyk asked the City Manager
to make a note that the date be included.
There were no other questions or comments.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if Commissioner Bradford and Commissioner Herzberg would
have reports on the League of Cities Conference.
Commissioner Herzberg stated she and Commissioner Bradford had attended different
classes. Both Commissioners responded each would give a brief report on the classes
attended.
Mayor Masiarczyk stated he would request to add Discussion of Commissioner Soukup ’s
resignation under New Business.
Commissioner Alcantara requested an analysis on how much was received from
stormwater and how much was spent on stormwater. He stated he has referred to the
CAFER in past years but he wants to see how much is brought in and how much has been
spent over the past 10 years.
Vice Mayor Nabicht requested a detailed accounting from Volusia County regarding the
$250,000 the City pays for the library and Lyonia each year and Mayor Masiarczyk asked if
that information had been received already. Vice Mayor Nabicht responded we received
the budget and he wants a detailed expense report, not just what is in the budget.
There were no other comments or 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.
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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.
There were no items on the Consent Agenda.
8. CONSENT AGENDA:
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2017-21, Evaluation and Appraisal
Notification Letter to the Florida Department of Economic Opportunity -
Chris Bowley, AICP, Director, Planning and Development Services, (386)
878-8602.
Strategic Goal: Internal and External Communication - proactively contact
agencies.
Mayor Masiarczyk stated the next item is regarding the Evaluation and Notification Letter
and he asked if there were any questions or comments.
Commission Honaker stated he would have comments on Section 14, the Evaluation
Appraisal and Review (EAR).
There were no other questions or comments on this item.
B. 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 the next item is the Communal Housing Temporary Moratorium
and he asked if there were any questions or comments.
Commissioner Honaker stated he does not believe 120 days is long enough and he will
discuss that downstairs.
There were no other questions or comments on this item.
C. Public Hearing- Resolution No, 2017-32, Calling for Florida Legislature to
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amend state law to halt District Cost Differential Multiplier within the
Florida Education Finance Program Formula - Marsha Segal-George,
Interim Assistant City Attorney, (386) 878-8872.
Strategic goal: Internal and external communication.
Mayor Masiarczyk stated the next item is regarding calling for the Florida Legislature to
amend State law to halt the District Cost Differential Multiplier within the Florida Education
Finance Program Formula and he asked if there were any questions or comments.
City Manager Shang stated it was her understanding that a number of principals and other
individuals will be present during this item.
There were no other questions or comments on this item.
D. Budget Amendment 2017-65 to transfer $100,000 from General Fund to
Parks Projects Fund for the Veteran’s Memorial Park
Strategic goal: infrastructure improvements
Mayor Masiarczyk stated the next item is regarding a budget amendment to transfer money
from the General Fund to Parks for the Veterans Memorial Park project.
There were no questions or comments on this item.
E. Budget Amendment 2017-66 to appropriate $100,000 of additional funding
for the storage building at the Veteran’s Memorial Park by a transfer from
General Fund to Parks Projects Fund.
Strategic goal: Infrastructure improvements
Mayor Masiarczyk stated the next item is a budget amendment to actually appropriate the
money to fund the Veterans Memorial park project.
There were no questions or comments on this item.
10. OLD BUSINESS:
11. NEW BUSINESS:
Mayor Masiarczyk requested to add Item C under New Business regarding the replacement
for District 5 Commission seat.
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Commissioner Bradford asked if the Commission could do that being that it was not
advertised. Mayor Masiarczyk responded "yes", all the Commission is going to do is talk
about the process and that is dictated by the Charter. He asked that someone have a copy
of the Charter and be prepared to read it and that he believes we have 30 days to appoint
someone. Interim City Attorney Fowler responded the Commission has 30 days to pick
someone from District 5 and has lived in that district for six (6) months. Mayor Masiarczyk
asked if we could ask for applications to be sent in over the next 10 days and Interim City
Attorney Fowler responded "yes".
There were no other questions or comments on this item.
A. Discussion to seek services of an independent facilitator- Jane K. Shang,
City Manager (386) 878-8850.
Strategic goal: Internal and external communication.
Mayor Masiarczyk stated the next item is regarding discussion to seek services of an
independent facilitator. He stated Commissioner Honaker had requested that a facilitator
come in and talk about identity roles and the responsibility of staff.
There were no questions or comments on this item.
B. Discussion for City Commission recommendations for the City Attorney
position. Jane K. Shang, City Manager, (386) 878-8858.
Mayor Masiarczyk stated the next item is regarding recommendations for the City Attorney
position. He stated the Commissioners were asked to rate the top five (5) choices and staff
will need to be ready to log them in.
City Manager Shang stated all the Commissioners will need to do is tell us who the top five
(5) are, we will tally them and then discuss the next steps.
There were no other questions or comments on this item.
12. CITY ATTORNEY COMMENTS:
There were no City Attorney Comments.
13. CITY MANAGER COMMENTS:
There were no City Manager Comments.
14. CITY COMMISSION COMMENTS:
There were no City Commission Comments.
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15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:43 p.m.
________________________________________
Janet Day, Deputy City Clerk
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Mayor John C. Masiarczyk Sr.
Vice Mayor Chris Nabicht
Commissioner Christopher Alcantara
Commissioner Anita Bradford
Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Monday, August 21, 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 Soukup
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 - Regular Commission Meeting of August 7, 2017, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: August 7, 2017 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Recognition - Deputy Justin T. Ferrari of the Volusia County Sheriff’s Office
Selected as the 2017 Florida Sheriff’s Association’s Law Enforcement Officer of
the Year
Background: On July 25, 2017, the Florida Sheriffs Association (FSA) announced
that Deputy Justin Ferrari of the Volusia County Sheriff’s Office was
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selected as the 2017 Law Enforcement Officer of the Year. Ferrari’s
outstanding courage was evident in a video captured by his body
camera as he responded to a call in July 2016.
Ferrari and other deputies responded to a domestic disturbance call
from a Deltona resident, Victoria, after her husband opened fire inside
the home they shared, shooting her in the leg. The young mother was
inside with her three children, ranging in age from 23 months to 7 years
old.
Deputy Ferrari did not hesitate and acted swiftly once he arrived at the
scene, getting Victoria and her three kids to safety. A dramatic video,
captured by his body camera, shows how Ferrari bravely ran towards
Victoria, who was able to make it out of the house despite her injuries.
After getting Victoria to a neighbor's home, Ferrari then rushed to help
the three children as they ran crying out of the house. Once the three
children and their mother were safe, Ferrari proceeded to check on his
fellow officers before they arrested Emmanuel, who walked out a back
door of the home and surrendered to authorities.
Deputy Ferrari said, “They tell you to resort to your training, which is true
but, this was completely instinctual. I never would have thought that ’s
how I would have reacted prior to it happening. You just never know until
it happens.”
“When we say law enforcement officers run toward danger as others run
away, this is exactly the type of situation we are talking about,” said
Volusia County Sheriff Mike Chitwood. “The deputies who responded
to the shooting incident in Deltona didn't hesitate; their instincts and
training kicked in. Deputy Justin Ferrari represents what we all in law
enforcement stand for: honor, integrity, service and courage.”
Deputy Justin Ferrari is one of the many who are willing to put their life
on the line for others when the situation calls for it. During the FSA
annual summer conference banquet, Ferrari was given a standing
ovation from the 500-plus law enforcement attendees and their
supporters.
B. Relocation of the Public Works Facility (oral report only) - Matt Doan, P.E,
Public Works Director (386) 878-8973.
Background: Per the City Commission’s request, Public Works is providing an
update on the progress of the review of the potential relocation of the
Public Works Complex.
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C. Request for City of Deltona funds - Review three (3) applications
Background: The Commission discussed at several meetings the $35,000
discretionary fund which could be provided to non-profit organizations
who applied for them. The Commission directed staff to come up with
an application and guidelines for this funding which has been
completed with a limit of $1,000.00.
Attached are three (3) Request for City of Deltona Funds applications
for review.
Attachments: Request for Funds - Pizza Family Ministries Inc
Request for Funds - Bully Armor Inc
Request for Funds - Deltona Fire Explorers
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. 2017-21, Evaluation and Appraisal Notification
Letter to the Florida Department of Economic Opportunity - Chris Bowley, AICP,
Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Internal and External Communication - proactively contact
agencies.
Background: The City of Deltona, as an incorporated municipality within the State of
Florida, has to comply with State Growth Management law. Part of that
growth management responsibility is to evaluate our Comprehensive
Plan (Comp Plan) every seven (7) years through the Evaluation and
Appraisal Report (EAR) process. The City last updated and brought
into compliance our Comp Plan in 2010.
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In review of the Comp Plan, Planning staff has determined that
amendments are needed to update the document, per Chapter 163,
Florida Statutes (FS). The City employed a consultant to conduct EAR
Public Workshops, as part of the EAR process. A summary report of
the workshop and an analysis of the Comp Plan related to the EAR
process is included as an attachment to this agenda memo. Per State
law, the City is required to notify the State of its intent to conduct an
EAR evaluation through an Evaluation and Appraisal Notification Letter;
which for the City is October 1, 2017. After October 1, 2017, the City
will transmit its Comp Plan review to the Florida Department of
Economic Opportunity (DEO) and the Volusia Growth Management
Commission (VGMC) by October 1, 2018.
Resolution No. 2017-21 complies with Chapter 163.3191, FS, to notify
the State of the City’s intent to review its Comp Plan. Finally, on July 19,
2017, the Planning and Zoning Board voted unanimously to
recommend that the City Commission transmit the Evaluation and
Appraisal Notification Letter to the DEO.
Attachments: Resolution No. 2017-21 EAR Notification to DEO
Notification Letter to DEO
EAR Issues Report 061917
B. 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.
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.
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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
C. Public Hearing- Resolution No, 2017-32, Calling for Florida Legislature to
amend state law to halt District Cost Differential Multiplier within the Florida
Education Finance Program Formula - Marsha Segal-George, Interim Assistant
City Attorney, (386) 878-8872.
Strategic goal: Internal and external communication.
Background: Melody Johnson, Volusia County School Board Chairman, appeared
before the City Commission on Monday, August 7, 2017 requesting the
City’s support to encourage Florida Legislators to amend state law to
halt the transfer of education funding from poorer school districts to
wealthier school districts under the funding formula called the District
Cost Differential (DCD).
The DCD was created in 2004 after the Florida Legislature initiated a
study on funding formulas for the state’s 67 school districts. Since that
time, numerous districts have found themselves sending more to
Tallahassee than they get in return. Counties like Volusia, Lake,
Flagler, Osceola and Brevard among others are forced to subsidize
wealthier districts like Broward, Duval, Miami-Dade and Palm Beach
counties. Volusia County Schools has lost approximately $140 million
under this funding formula.
Attachments: Resolution No. 2017-32
D. Budget Amendment 2017-65 to transfer $100,000 from General Fund to Parks
Projects Fund for the Veteran’s Memorial Park
Strategic goal: infrastructure improvements
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Background: At Commission Workshop of 14 August 2017 the Commission
approved Parks to proceed with the planned Veterans' Memorial
Museum storage facility, with the required $100,000 of funding to come
from the General Fund. The project was included in the FY 2016-17
Parks Projects Fund CIP Plan.
Attachments: Resolution 2017-33 General Fund - Transfer Veterans Park
BA2017-065 Veterans Park
E. Budget Amendment 2017-66 to appropriate $100,000 of additional funding for
the storage building at the Veteran’s Memorial Park by a transfer from General
Fund to Parks Projects Fund.
Strategic goal: Infrastructure improvements
Background: At the Commission Workshop of 14 August 2017 the Commission
approved Parks to proceed with the planned Veterans' Memorial
Museum storage facility, with the required $100,000 of funding to come
from General Fund. The project was included in the FY 2016-17 Parks
Projects fund CIP Plan.
Attachments: BA2017-066 Veterans Park
Resolution 2017-34 Park Projects Fund - Transfer Veterans Park
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Discussion to seek services of an independent facilitator- Jane K. Shang, City
Manager (386) 878-8850.
Strategic goal: Internal and external communication.
Background: Commissioner Honaker has requested that this matter be placed on
the Agenda for consideration of seeking services of a facilitator to
identify roles and responsibilities of staff and Commission and for team
building.
B. Discussion for City Commission recommendations for the City Attorney position.
Jane K. Shang, City Manager, (386) 878-8858.
Background: Human Resources posted the City Attorney’s position from April 25,
2017 through July 31, 2017. The City received 16 applications for the
City Attorney position and the applications have been provided to the
Commission for ranking. Staff is requesting guidance as to the next
steps in the selection process.
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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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