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City Commission

Regular Meeting

Deltona, FL · September 18, 2017

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, September 18, 2017 5:00 PM 2nd Floor Conference Room City Manager's Agenda Review 1. CALL TO ORDER: Mayor Masiarczyk called the meeting to order at 5:00 p.m. 2. ROLL CALL – CITY CLERK: Mayor Masiarczyk stated the Special Meeting will just be Roll Call, Pledge and Business . He explained there were five (5) applications with only three (3) of them being good. He stated all the votes tonight will have to be roll call votes because we will not have the name of the new Commissioner in the system. He asked if there were any questions and there were none. Present: 7 - Commissioner Bradford Commissioner Herzberg Commissioner Honaker Vice Mayor Nabicht Mayor Masiarczyk City Attorney City Manager Shang Absent: 1 - Commissioner Alcantara 3. INVOCATION AND PLEDGE TO THE FLAG: Mayor Masiarczyk led the Pledge to the Flag and he stated he will do the invocation. A. Invocation Presented by Mayor Masiarczyk 4. APPROVAL OF MINUTES & AGENDA: Commissioner Honaker stated he will have an addition to the minutes and he will bring that up in the meeting. There were no other comments on this item. A. Approval of minutes - Regular Commission Meeting of September 5, 2017, City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes September 18, 2017 as presented. - Joyce Raftery, City Clerk (386) 878-8502. 5. PRESENTATIONS/AWARDS/REPORTS: Mayor Masiarczyk stated next is the Constitution Week proclamation and he asked if anyone would be at the meeting to accept the proclamation. It was determined that no one knew if anyone would be attending the meeting. There were no other comments on this item. A. Proclamation - Constitution Week 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Mayor Masiarczyk asked if there were any City Commission Special Reports and there were none. He stated he wanted to get through this tonight and that his plan was if there are a lot of people at the meeting that want to talk about Hurricane Irma he would allow 30 minutes under Public Forum to speak about items that are not storm related and at the end of that 30 minutes we will move on with the meeting if there is no objection. He stated we have to get this agenda done and after Item 11C which is an update on Hurricane Irma we will resume with the Public Comment. City Manager Shang stated she is adding an additional item and Mayor Masiarczyk responded he has not gotten that far yet. She stated it will item D after the Hurricane Irma Update regarding various contracts with the haulers that the Commission needs to approve . Mayor Masiarczyk suggested he had planned to discuss that item before we got that far on the agenda suggesting it could be done under Special Reports; it is important that we get that out of the way. City Manager Shang stated it is a budget amendment. Commissioner Bradford commented that she believed if the commission addresses this head-on we may be able to eliminate some public participation. She stated we need to give direction to staff to respond to FP&L and Duke Energy regarding their customer service and also when the trash is going to be picked up. City Manager Shang stated this item is an action item. Vice Mayor Nabicht suggested Item D could be a continuation of the emergency declaration. After further discussion it was determined that item 11-D would be discussed under Old Business. There were no other comments on this item. 7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes September 18, 2017 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: There were no items on the Consent Agenda. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution 2017-39, adopting the final Millage Rate for the levy of ad valorem taxes for Fiscal Year 2017/2018 - Robert Clinger, Finance (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Masiarczyk stated the next item is the Millage Rate and there were no questions or comments on this item. B. Public Hearing - Resolution 2017-40 adopting the final annual budget for FY 2017/2018 - Robert Clinger, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Masiarczyk stated the next item is the budget. City Manager Shang stated she wanted to make the Commission aware that she received information from Gene Gizzi regarding our health insurance and that the City included a 10% increase for Cigna in the budget in the 17/18 budget and that Cigna is asking for a 36% increase or about $1.2 million. She stated Net Delta would be about $663,000 since we run on a calendar year. She state she worked with the Interim City Attorney Fowler and in our contract it is month to month and we do not have to put it out to bid as there is an exception in our procurement policy. She stated she has asked Mr. Gizzi to contact people on our list who submitted bids previously to ask if there was any interest in providing health insurance coverage to the City. Commissioner Herzberg asked if this was the first year with Cigna and commented that it looks like Cigna low balled the cost and then jacked it up. Mayor Masiarczyk asked what the City Manager needed from the Commission tonight and Interim City Attorney Fowler responded this was informational only. Mayor Masiarczyk suggested there was no need to bring it up at the meeting as it may affect the budget and Interim City Attorney Fowler responded if it does affect the budget, a budget amendment City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes September 18, 2017 can be done at a later date. It was determined City Manager Shang could bring it up under City Manager Comments and explain that the information came in and we are looking at options. Mayor Masiarczyk suggested City Manager Shang bring up that the City is gearing up for a possible Hurricane Maria under City Manager Comments. There were no other questions or comments on this item. 10. OLD BUSINESS: 11. NEW BUSINESS: A. Request for City of Deltona funds - Review six (6) applications Mayor Masiarczyk stated the next item is requests for City funds and there are six (6) applications. He stated he is hearing that some of the Commissioners are telling the people these funds are available so the people are applying. He stated these six (6) requests will be the last for this budget year and he asked if the rest of the funds will go back into the General Fund. City Manager Shang responded that is correct as this is the last meeting for this fiscal year. Commissioner Bradford stated she is a catalyst mentor and is a Board Member for the House Next Door and she asked Interim city Attorney Fowler if she should recuse herself from voting. Interim City Attorney Fowler responded he has never known anyone to get in trouble for recusing themselves so, if there is any doubt you should recuse yourself. Mayor Masiarczyk stated the Commissioners have agreed that this did not go the way we wanted it to go and that we all have different opinions. He stated we are not excepting any more applications for next year's budget until we get a good form and a good set of rules that apply. He stated this was supposed to be for special events that are non -reoccurring events and every single one of these is an ongoing event and does not qualify at all. He stated that rule has been broken so let's just move on and get through this tonight. There were no other questions or comments on this item. C. Request for consideration of appointment or re-appointment of eleven (11) members to the Affordable Housing Advisory Committee - Joyce Raftery, City Clerk’s Office, (386) 878-8502. Strategic Goal: Internal and External Communication. Mayor Masiarczyk stated with regards to the appointment/re-appointment of members to the Affordable Housing Advisory Committee (AHAC) the Commission normally gets a list of those who want to and did not want to be re-appointed to the Committee so the City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes September 18, 2017 Commissioners would know who to appoint. He asked if this item could be delayed and City Manager Shang responded "no" because there will not be a quorum to meet. He suggested appointing the ones the Commissioners want to and filling in the rest later. There were no other questions or comments on this item. B. Update on Hurricane Irma - Fire Chief Snyder, 386-575-6902 and Public Works Director Matt Doan, 386-878-8973. Strategic goal: Public safety. Mayor Masiarczyk commented Fire Chief Snyder will be talking about waiving permit fees and the City incurring the costs of picking up debris on private roads. Commissioner Bradford asked if those on private roads have to sign the release and City Manager Shang responded "yes". Mayor Masiarczyk asked if the word "passable" could be inserted because there are some private roads that trucks can't go down. It has to be a passable road where the trucks can turn around and he used the road he lives on as an example of a road that after a certain point it is not passable. He summarized the verbiage "passable roads" and that people must sign release should be added. City Manager Shang suggested the Commission should defer to Mr. Doan on that and it is implied that the people must sign a release . Mayor Masiarczyk responded it may be implied but it is implied that trash should be kept on the swale but on areas like on parts of North Normandy there is no swale there to put the trash on. Several Commissioners had concerns that some private roads are not accessible like in some gated communities such as Twin Lakes. Vice Mayor Nabicht responded there is a clause in the development order that allows access or they have a contract with the City for emergency services or cleanup. Mayor Masiarczyk suggested letting staff figure that out . Vice Mayor Nabicht stated the standard should be that if Waste Pro picks up their trash, we will pick up the storm debris; if Waste Pro can't get down the road the debris would need to be brought out to where Waste Pro picks up their garbage. Commissioner Bradford asked that the release form be put online. Mr. Doan commented we have the list from last year and we will do that again and just so the Commission knows the storm debris will not be picked up within two (2) weeks but, that is not a factor in this decision. There were no other questions or comments. Commissioner Alcantara arrived at 5:25 P.M. City of Deltona Page 5 Printed on 6/3/2020 City Commission Minutes September 18, 2017 D. Budget amendment to appropriate a portion of the City’s Natural Disaster Reserve to fund storm related expenses for debris removal, debris monitoring, site rental, and city property damage from Hurricane Irma. The budget amendment includes approval of contracts for debris removal services (Crowder Gulf), debris monitoring services (Tetra Tech) and rental of property for storm debris storage. - Robert Clinger, Finance, 386 878-8552 Strategic Goal: Public Safety It was determined that this item will be moved to Old Business. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: Mayor Masiarczyk adjourned the meeting at 5:25 P.M. _________________________________________ Janet Day, Deputy City Clerk City of Deltona Page 6 Printed on 6/3/2020

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, September 18, 2017 5:00 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 Mayor Masiarczyk 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 September 5, 2017, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: Minutes of September 5, 2017 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Constitution Week Background: The tradition of celebrating the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted City of Deltona Page 1 Printed on 9/18/2017 City Commission Agenda September 18, 2017 by the US Congress and signed into public law on August 2, 1956 by President Dwight D. Eisenhower. The aims of the celebration are to: · Emphasize citizen’s responsibilities for protecting and defending the Constitution. · Inform people that the Constitution is the basis for American’s great heritage and the foundation for our way of life. · Encourage the study of the historical events which led to the framing of the Constitution in September 1787. Attachments: Constitution Week 2017 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns 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 2017-39, adopting the final Millage Rate for the levy of ad valorem taxes for Fiscal Year 2017/2018 - Robert Clinger, Finance (386) 878-8552. Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing to adopt the final millage rate and budget. At this hearing, the City will: · First discuss the percentage increase in millage over the rolled-back rate. The proposed millage rate of 7.8500 reflects a 7.9% increase from the rolled-back rate. City of Deltona Page 2 Printed on 9/18/2017 City Commission Agenda September 18, 2017 · Adopt the millage rate (Resolution No. 2017-39) and budget (Resolution No. 2017-40) by separate vote, and in that order as required by State Law. · Prior to adopting the millage-levy resolution, the name of the taxing authority (City of Deltona, Florida), the rolled-back rate (7.2784), and the percentage increase compared to the rolled-back rate (7.9% increase), and the millage rate to be levied (7.8500) must be publicly announced. Attachments: Resolution 2017-39 Final Annual Millage Rate - Second Hearing - 9-18-17 B. Public Hearing - Resolution 2017-40 adopting the final annual budget for FY 2017/2018 - Robert Clinger, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing to adopt the final millage rate and budget. This agenda item is to adopt the final Budget for Fiscal Year 2017/2018. At this hearing, the City will: · First discuss the percentage increase in millage over the rolled-back rate. The proposed millage rate of 7.8500 reflects a 7.9% increase from the rolled-back rate. · Adopt the millage rate (Resolution No. 2017-39) and budget (Resolution No. 2017-40) by separate vote and in that order as required by State law. · Prior to adopting the millage-levy resolution, the name of the taxing authority (City of Deltona, Florida), the rolled-back rate (7.2784), and the percentage increase compared to the rolled-back rate (7.9% increase), and the millage rate to be levied (7.8500) must be publicly announced. Attachments: Resolution 2017-40 Final Annual Budget - Second Hearing - 9-18-17 10. OLD BUSINESS: 11. NEW BUSINESS: A. Request for City of Deltona funds - Review six (6) 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 amount is limited to $1,000 per organization. Attached are six (6) Request for City of Deltona Funds applications for City of Deltona Page 3 Printed on 9/18/2017 City Commission Agenda September 18, 2017 review. Attachments: Request Process Request for Funds - PRHS Career Technical Ed-Healthcare Request for Funds - Deltona HS Baseball Team Request for Funds - Wanda Bruce Ministries Inc. Request for Funds - New Life Community Inc. Request for Funds - CATALYST Global Youth Initiatives, Inc. Request for Funds - The House Next Door B. Update on Hurricane Irma - Fire Chief Snyder, 386-575-6902 and Public Works Director Matt Doan, 386-878-8973. Strategic goal: Public safety. Background: Staff will provide an update on Hurricane Irma. As was authorized last year during Hurricane Matthew, staff is requesting authorization to: 1. Waive permit fees for storm related improvements and fixing up. 2. Incur costs to pick-up storm debris on private roads (which are not reimbursable FEMA costs). Attachments: Resolution No. 2017-26 C. Request for consideration of appointment or re-appointment of eleven (11) members to the Affordable Housing Advisory Committee - Joyce Raftery, City Clerk’s Office, (386) 878-8502. Strategic Goal: Internal and External Communication. Background: The terms of all eleven (11) members of the Affordable Housing Advisory Committee will expire on October 5, 2017. Staff has heard from the following members who wish to be re-appointed: Eric James, Hammond Daniels, Mike Putkowski, Felicia Diaz, Mike Williams and Jodi Pena-Castaldi. Members Carlos Arturo, Carlos Gavilanes and Wesley Kihlmire does not wish to be re-appointed and although staff has not heard from member Michael Ruggieri he has had numerous unexcused absences. Staff is working on confirmation from the remaining one member to see if he/she wishes to be re-appointed and will provide an update to the Commission as necessary. The City has run press releases, posted the openings on D-TV, the City’s web page and bulletin boards. To date the City has received an application from the following individual: Dorinda Ortiz, Pearl Janice Rivera and Shirley Battle-White. City of Deltona Page 4 Printed on 9/18/2017 City Commission Agenda September 18, 2017 The SHIP Act and Rule requirement has been reinstated per SHIP statute (F.S. 420.907676 and Rule 67-37.010) that in order to continue to qualify for funding, the local government must appoint an Affordable Housing Advisory Committee. The proposed Housing and Community Development staff recommendations and the eleven (11) member Committee shall include: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (Eric Strano) (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (Hammond Daniels) (c) One citizen who is representative of those areas of labor actively engaged in home building in connection with affordable housing. (Wesley Kihlmire) (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (Michael Ruggieri) (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (Eric James) (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (Jodi Pena-Castaldi) (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (Michael Williams) (h) One citizen who actively serves on the local planning agency pursuant to § 163.3174. (Michael Putkowski) (i) One citizen who resides within the City of Deltona. (Patricia Ulicny-Hoback) (j) One citizen who represents employers within the City of Deltona. (Carlos Gavilanes) (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. (Ruben Colon) If, due to reasonable factors, a citizen actively engaged in these activities in connection with affordable housing is not available for appointment to the Committee, a citizen engaged in the activity without regard to affordable housing may be appointed. City of Deltona Page 5 Printed on 9/18/2017 City Commission Agenda September 18, 2017 The AHAC Committee shall evaluate and report to the City Commission on established policies, procedures, ordinances, land development regulations, and review the comprehensive plan; to include, recommended changes as established in Section 420.9076, F.A.C. The City shall transmit an electronic copy of the report, which was presented to the City Commission for consideration, to Florida Housing Finance Corporation. Attachments: AHAC By Laws AHAC Member List Application - Daniels nd Application - Gavilanes Application - James Application - Kihlmire Application - Pena-Castaldi Application - Putkowski Application - Ruggieri Application - Ulicny Application - Williams Application-Diaz Application-Strano Application-Rivera Application-Battle-White Application-Dorinda Ortiz 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). City of Deltona Page 6 Printed on 9/18/2017 City Commission Agenda September 18, 2017 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 7 Printed on 9/18/2017

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