City Commission

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 Commissioner Victor M. Ramos Monday, November 20, 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 - Regular Commission Meeting of November 6, 2017, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: November 6, 2017 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: 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. City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda November 20, 2017 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: A. Execution of Sidewalk, Drainage and Utility Easement with the County of Volusia for the purpose of sidewalk installation along Doyle Rd. - Matt Doan, P.E., Public Works Director (386) 878-8973. Strategic Plan: Public Safety and Infrastructure Background: The County of Volusia is in the process of installing paved shoulders along Doyle Rd. between Lush Ln. and Courtland Blvd. Also included in their improvements are sidewalk modifications. In order to install the sidewalk within the new roadway section in this area, the County needs an easement over the first five feet of City property at the corner of Lush Ln. and Doyle Rd. Attachments: Doyle-Sidewalk Easement Doyle-SidewalkAdjustment 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution 2017-42, 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: The Truth in Millage, or TRIM, guidelines in Chapter 200, Florida Statutes, specify the manner in which the City adopts its annual millage rate and budget, including the advertisement of public hearings as part of the budget process. The Commission held a public hearing on September 18, 2017, in which it approved the millage rate and budget for the 2017/2018 fiscal year as required. Subsequently, however, the Florida Department of Revenue advised the City that its advertisement of the September 18th public hearing did not comply with Section 200.065 (3) (a), Florida Statutes. This Statute requires that the advertisement entitled Notice of Proposed Tax Increase contain, for the prior year, the City’s initially proposed tax levy; City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda November 20, 2017 tax reductions due to Value Adjustment Board and other assessment changes, and the actual property tax levy. In the City’s September 2017 advertisement, however, the amount published as last year’s initially proposed tax levy was incorrectly based on the City’s final adopted millage of 7.95 mills, rather than its initially proposed millage of 7.99 mills. Consequently, the amount published as last year’s tax reductions was also incorrect. Only amounts shown for last year were determined to not comply with TRIM requirements; the advertised millage rate and budget for the 2017/2018 fiscal year were correct in our ad and do not change. This minor error, however, requires the City to re-advertise the 2017/2018 millage and budget, and to hold another public hearing, in order for the City to comply fully with TRIM. This agenda item is to adopt the final millage rate 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 7.85% increase from the rolled-back rate. · Adopt the millage rate (Resolution No. 2017-42) and budget (Resolution No. 2017-43) 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 (7.85% increase), and the millage rate to be levied (7.8500) must be publicly announced. Attachments: 013 Resolution 2017-42 Final Annual Millage Rate - Second Hearing - 11-20-17 B. Public Hearing - Resolution 2017-43 adopting the final annual budget for FY 2017/2018 - Robert Clinger, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Truth in Millage, or TRIM, guidelines in Chapter 200, Florida Statutes, specify the manner in which the City adopts its annual millage rate and budget, including the advertisement of public hearings as part of the budget process.. The Commission held a public hearing on September 18, 2017, in which it approved the millage rate and budget for the 2017/2018 fiscal year as required. Subsequently, however, the Florida Department of Revenue advised the City that its advertisement of the September 18th public hearing did not comply with Section 200.065 (3) (a), Florida Statutes. This Statute requires that the advertisement entitled Notice of Proposed Tax City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda November 20, 2017 Increase contain, for the prior year, the City’s initially proposed tax levy; tax reductions due to Value Adjustment Board and other assessment changes, and the Actual property tax levy. In the City’s September 2017 advertisement, however, the amount published as last year’s initially proposed tax levy was incorrectly based on the City’s final adopted millage of 7.95 mills, rather than its initially proposed millage of 7.99 mills. Consequently, the amount published as last year’s tax reductions was also incorrect. Only amounts shown for last year were determined to not comply with TRIM requirements; the advertised millage rate and budget for the 2017/2018 fiscal year were correct in our ad and do not change. This minor error, however, requires the City to re-advertise the 2017/2018 millage and budget, and to hold another public hearing, in order for the City to comply fully with TRIM. 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 7.85% increase from the rolled-back rate. · Adopt the millage rate (Resolution No. 2017-42) and budget (Resolution No. 2017-43) 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 (7.85% increase), and the millage rate to be levied (7.8500) must be publicly announced. Attachments: Resolution 2017-43 Final Annual Budget - Second Hearing - 11-20-17 FY 17-18 Adopted Budget-Final C. Request for Approval of Resolution 2017-44, Final Budget Amendment /Transfer for FY 2016-2017 to transfer funds between General Fund departments as part of the year end process - Robert Clinger, Finance Department (386) 878-8552. Strategic Goal: Fiscal Issues Background: As part of the fiscal year end process, it is standard practice to process a year end budget amendment to “true up” department budgets so that no department reflects an over-budget situation in the City’s CAFR. This requested transfer moves budget dollars between departments in the General Fund due to staff overtime and vacation payout plus unbudgeted City Attorney transition costs; the money is being transferred from savings realized in the Insurance line item. This movement does not result in a net change in budgetary fund balance. City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda November 20, 2017 Attachments: Gen Fund 2017-44 BT2017-077 General Fund True Up D. Request for Approval of Resolution 2017-45, Final Budget Amendment /Transfer for FY 2016-2017 to increase expenditures and revenue in the Solid Waste Fund as part of the year end process - Robert Clinger, Finance Department (386) 878-8552. Strategic Goal: Fiscal Issues Background: As part of the fiscal year end process, it is standard practice to process a year end budget amendment to “true up” department budgets so that no department reflects an over-budget situation in the City’s CAFR. This requested transfer increases budget revenue and expenses within the solid waste department. This movement decreases budgetary fund balance by $37,500. Attachments: BT2017-075 Solid Waste Solid Waste 2017-45 E. Request for Approval of Resolution 2017-46, Final Budget Amendment /Transfer for FY 2016-2017 to increase revenue and expenditures in the Transportation Impact Fees Fund as part of the year end process - Robert Clinger, Finance Department (386) 878-8552. Strategic Goal: Fiscal Issues Background: As part of the fiscal year end process, it is standard practice to process a year end budget amendment to “true up” department budgets so that no department reflects an over-budget situation in the City’s CAFR. This requested transfer increases budget revenue and expenses within the Transportation Impact Fees Fund. This movement does not result in a net change in budgetary fund balance. Attachments: BT2017-076 Trans Impact Fees True Up Transportation Impact Fees Fund - 2017-46 F. Public Hearing - Ordinance No. 06-2017, Communal Housing - 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 City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda November 20, 2017 110-814 of the Land Development Code (Code). 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. On August 21, 2017, through Resolution No. 2017-29 and citing zoning in progress, the City placed a moratorium on the approval of new communal homes, until data can be studied, a recommendation made, and an ordinance drafted to be consistent with Chapter 419, F.S. and local zoning ordinance criteria. A consolidated process was drafted in the ordinance and provided in Exhibit “A” having the number of persons and housing type match the zoning district and principal permitted structures, onerous siting criteria removed from the current ordinance, a provision for rescission where such uses operate outside of their original purpose and intent, definitions updated, protection of public health, safety, and welfare, and the Conditional Use process applied for such facilities. On October 18, 2017, the Planning & Zoning Board reviewed and recommended unanimously (7-0) that the City Commission adopt Ordinance No. 06-2017, with the conditions that the R-2 (two family dwelling district) allow a range of residents from 1-6, instead of 1-14, and a provision added for closed facilities to continue care for residents, as needed. On November 6, 2017, the City Commission voted unanimously (7-0) to approve Ordinance No. 06-2017, with the recommended changes from the Planning & Zoning Board. Attachments: Ord No. 06-2017 Community Residential Homes Ord No. 06-2017 Ex A Final Draft Staff Report 092217 Ch 419, Florida Statutes G. Public Hearing - Ordinance No. 07-2017, Electronic filing of campaign treasurer’s reports, at first reading and to schedule second and final reading for December 11, 2017 - Joyce Raftery, City Clerk’s Department (386) 878-8502. Background: On October 31, 2017 the Volusia County Supervisor of Elections sent City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda November 20, 2017 an email to the City Clerks in Volusia County offering the opportunity for their candidates to file campaign reports electronically beginning January, 2018. Each municipality would need to draft an ordinance for its Council/Commission to pass. This would be in lieu of paper reports. Candidates would file directly with the Supervisor of Elections, electronically. Once a Candidate for Elected Office in the municipality has filed their Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (DS-DE9) form with the City Clerk/Designee - 1. The City Clerk will forward a copy of the Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (DS-DE 9) as submitted, to the Volusia County Supervisor of Elections. 2. The Candidate will then be contacted by the Volusia County Supervisor of Elections office to set up a “Candidate ID” and “Password” which is needed to log into the Supervisor of Elections’ Candidate Financial Reporting System. 3. The Candidate and their Campaign Treasurer will be assigned PIN numbers (Both will have to enter their PIN’s in order to submit and print reports from the Candidate Financial Reporting System). Each of the City Clerk’s in the municipalities would still be responsible for thier candidates and whether reports are filed, and on time. The Supervisor of Elections would be the conduit and/or portal to provide the mean to filing electronically. Attachments: Ordinance No. 07-2017 - Redlined Ordinance No. 07-2017 - Clean Copy Chapter 30 Elections of Code of Ords 10. OLD BUSINESS: 11. NEW BUSINESS: A. Consideration of Commissioner Bradford’s appointment of one (1) member to the Economic Development Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502 Background: This appointment is to fill the vacancy created by Commissioner Victor Ramos’ appointment to the Commission on September 18, 2017. The appointee will fill the remainder of a term to expire May 31, 2019. All four alternate members, Edward Elliot, Debbie Galutz, Bob Koslow and Christine Peacock, have expressed that they wish to be appointed as City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda November 20, 2017 board members. If an alternate member is appointed to the board member vacancy then the Commission would need to appoint someone from the list of applicants below as the replacement for that alternate member. The City has run press releases, posted the opening on D-TV, the City's web page and on bulletin boards. To date the City has received applications from the following individuals: Tyran Basil, Valerie Cambridge, Jenny Dorval, Nikhel Jindal and Dorinda Ortiz. Attachments: DEDAB Member List Application-Elliot (Alternate) Application-Galutz (Alternate) Application-Koslow (Alternate) Application-Peacock (Alternate) Application-Basil Application-Cambridge Application-Dorval Application-Jindal Application-Ortiz B. Selection of Vice Mayor. Background: Section 5, Item (5), The Vice Mayor: Election of Duties, of the City Charter provides that: “There shall be a Vice Mayor elected annually by the Commission from among the Commissioners. Such election shall take place at the first meeting after the general election.” 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 8 Printed on 6/3/2020 City Commission Agenda November 20, 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 9 Printed on 6/3/2020