City Commission
Regular MeetingDeltona, FL · December 11, 2017
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, December 11, 2017 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Masiarczyk called the City Manager's Agenda Review Meeting to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 8 - Commissioner Alcantara
Commissioner Bradford
Commissioner Honaker
Commissioner Nabicht
Commissioner Ramos
Vice Mayor Herzberg
Mayor Masiarczyk
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag.
Mayor Masiarczyk asked Commissioner Ramos if he had a pastor coming and
Commissioner Ramos responded "yes".
A. Invocation Presented by Commissioner Ramos - Rev. Dr. Josias Andujar,
Pine Ridge Fellowship.
4. APPROVAL OF MINUTES & AGENDA:
Commissioner Honaker stated he would have comments on the minutes.
A. Approval of minutes - Regular Commission Meeting of November 20, 2017,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation and recognition for Captain Eagan, District 4 Commander,
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with the Volusia County Sheriff’s Office.
Mayor Masiarczyk stated we have a special award for Captain Eagan tonight and he asked
if Captain would be in attendance. City Manager Shang responded "yes" Captain Eagan
would be attending.
B. Presentation - Florida Planning Zoning Association (FPZA) Public Private
Partnership Award to City of Deltona’s Mayor & Commissioners.
Mayor Masiarczyk stated he believed Scott McGrath from Planning & Zoning would be
making the presentation of the Florida Planning & Zoning Association (FPZA) Award.
C. Super Star Student of the Month Certificates for November 2017
Mayor Masiarczyk stated next we will have the Super Star Students.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if anyone will have a Special Report.
Commissioner Nabicht stated he will have a report from the Transportation Planning
Organization (TPO).
Vice Mayor Herzberg stated she would have a report from the League of Cities
Conference.
Commissioner Ramos asked to speak about the Good Samaritan Center and how they are
helping the evacuees from Puerto Rico.
Commissioner Honaker stated he would have a report on the retreat.
Commission Bradford stated she will be requesting some funds to be transferred over so a
buffer can be put up at the Center. Mayor Masiarczyk asked what buffer Commissioner
Bradford was referring to. Commissioner Bradford responded the Center and she
explained that for a business to have a Certificate of Occupancy (CO) the business must
have a buffer put up around the property. She added the Center does not have a buffer and
we have residents complaining that the lighting is shining through. City Manager Shang
stated we do have a buffer.
Mayor Masiarczyk stated this is agenda review meeting and he asked if Commissioner
Bradford wanted to request a meeting to discuss that issue. Commissioner Bradford
responded "yes".
Commissioner Honaker commented he also had the same issue in his notes.
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There were no other comments or 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.
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 next is the Consent Agenda and he asked if anyone will be pulling
any item.
A. Request for approval of the Southwest Deltona CRA 2017 Annual Report
which must be filed with the State each year with-in 9 months of the end of
the fiscal year.
Commissioner Honaker stated he will be pulling Item 9 - A regarding the Southwest Deltona
Community Redevelopment Area (CRA) 2017 Annual Report to discuss Number 6. He
referred to Page 2 commenting there is a mistake that may invite scrutiny of the report .
Mayor Masiarczyk suggested staff can answer your question between now and the meeting.
There were no other comments on this item.
B. Designation of a Registered Agent and Registered Office: Within 30 days
after its first meeting of its governing board, each special district must
designate a registered agent and a registered office.
Mayor Masiarczyk stated the next item is the designation of the Registered Agent and
Registered Office for the Community Redevelopment Area.
There were no questions or comments on this item.
C. Request for Approval of the Program Year 2016-2017 CDBG Consolidated
Annual Action Performance and Evaluation Report (CAPER) - Ron A.
Paradise, Assistant Director, Planning and Development Services, (386)
878-8610.
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Strategic Goal: Internal and External Communication - Conduct a needs
assessment for social services and communicate resources for public
benefit.
Mayor Masiarczyk stated the next item is the Community Development Block Grant (CDBG)
Consolidated Annual Report.
There were no questions or comments on this item.
D. Ratification for the emergency purchase of gravity main replacement -
Matt Doan, P.E., Public Works Director (386) 878-8973.
Strategic Goal: Public Safety/ Infrastructure
Mayor Masiarczyk stated the next item is the ratification for the emergency purchase of a
gravity main replacement. He stated that was budgeted already.
There were no questions or comments on this item.
E. Donation of surplus vehicle to Community Life Center
Mayor Masiarczyk stated the next item is the donation of a surplus vehicle to the Community
Life Center.
There were no questions or comments on this item.
Mayor Masiarczyk asked the City Manager to find out Commissioner Honaker's concerns
on the item 9 - A that he will be pulling on the Consent Agenda before he brings it up and
maybe that will help.
There were no questions or comments on this item.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 07-2017, Electronic filing of campaign
treasurer’s reports, at second and final reading - Joyce Raftery, City
Clerk’s Department (386) 878-8502.
Mayor Masiarczyk stated the next item is an ordinance regarding the electronic filing of the
campaign treasurer's reports for second reading. He stated everyone had been in
agreement with that unless anything new had come up. There was not anything new.
There were no questions or other comments on this item.
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B. Public Hearing - O’Reilly Auto Parts Final Plat (FP 17-001) - Chris Bowley,
AICP, Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development.
Mayor Masiarczyk stated the next item is the Final Plat for O'Reilly Auto Parts.
There were no questions or comments on this item.
C. Public Hearing - Resolution No. 2017-48, Volusia ECHO Program Grant
Match Memorialization, Resolution No. 2017-49, and Budget Amendments -
Chris Bowley, AICP, Planning & Development Services Director, (386)
878-8602.
Strategic Goal: Fiscal Issues - find and write grants.
Mayor Masiarczyk stated the next item is the ECHO Grant money the Commission has
been asking for.
There were no questions or comments on this item.
D. Resolution 2017-47 - Carryforward and Appropriation of City’s Natural
Disaster Reserve - Robert Clinger, Finance, 386-878-8552
Strategic Goal: Public Safety
Mayor Masiarczyk stated the next item is the Carryforward and Appropriation of the City's
Natural Disaster Funds. He stated he was here at City Hall today and he met the FEMA
representative who was here with Finance.
There were no questions or comments on this item.
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Consideration of appointment of seven (7) members to the Parks and
Recreation Advisory Board. - Joyce Raftery, City Clerk, (386) 878-8502.
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Mayor Masiarczyk stated the next item is the appointment of seven (7) members to the
Parks and Recreation Advisory Board under New Business. He stated everyone wants to
be re-appointed with the exception of Lonnie Wilson.
Commissioner Honaker stated he read the applications and he suggested Mal Locke be
appointed. Mayor Masiarczyk agreed.
There were no questions or comments on this item.
12. CITY ATTORNEY COMMENTS:
Mayor Masiarczyk asked if there were any City Attorney comments and there were none.
13. CITY MANAGER COMMENTS:
Mayor Masiarczyk asked if anyone else had any comments.
City Manager Shang reminded the Commission about the CRA Meeting at 6:00 p.m. Mayor
Masiarczyk responded the Commission has a quick video spot downstairs and then will go
into the CRA Meeting.
There were no other comments.
14. CITY COMMISSION COMMENTS:
There were no Commission comments.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:37 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 Heidi Herzberg
Commissioner Christopher Alcantara
Commissioner Anita Bradford
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Victor M. Ramos
Monday, December 11, 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 Ramos - Rev. Dr. Josias Andujar, Pine
Ridge Fellowship.
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 20, 2017, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 20, 2017 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation and recognition for Captain Eagan, District 4 Commander, with
the Volusia County Sheriff’s Office.
Background: Captain Eagan has served more than 13 years in Deltona, rising
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through the ranks from deputy to captain. It is with heartfelt regret and
congratulations we say goodbye to Captain Eagan who on Friday,
December 1, 2017 will move on to a new assignment from Law
Enforcement Operations Division, District Four Commander to Support
Operations Division, Special Operations Section Commander.
B. Presentation - Florida Planning Zoning Association (FPZA) Public Private
Partnership Award to City of Deltona’s Mayor & Commissioners.
Background: Presentation - Florida Planning Zoning Association (FPZA) member
Scott McGrath will present a Public Private Partnership Award to the
City of Deltona’s Mayor & Commissioners for Deltona’s partnership
with Edgewater Condominium Association to construct the Lakeshore
Loop Trail.
C. Super Star Student of the Month Certificates for November 2017
Background: Super Star Student of the Month awards for November 2017 will be
presented to:
1. Deltona Lakes Elementary, Julianna Goodenough, 1st Grade
2. Enterprise Elementary, Andie Marella, 2nd Grade
3. Forest Lake Elementary, Tevin Colon, 5th Grade
4. Friendship Elementary, Adrian Isaac, 2nd Grade
5. Pride Elementary, Elliott Dominguez, 5th Grade
6. Sunrise Elementary, Christopher Proctor, 2nd Grade
7. Timbercrest Elementary, Leamara Vazquez, 4th Grade
8. Volusia Pines Elementary, Kaleb Selph, 3rd Grade
9. Deltona Middle, Kyleigh Johnson, 6th Grade
10. Galaxy Middle, Jade Hernandez, 8th Grade
11. Heritage Middle, Abigail Davis, 6th Grade
12. Deltona High, Karl Kinner, 11th Grade
13. Pine Ridge High, Jennifer Buday, 12th Grade
14. University High, Lauren Thomas, 12th Grade
Attachments: Nov 2017 Super Star Student Achievements
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)
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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.
8. CONSENT AGENDA:
A. Request for approval of the Southwest Deltona CRA 2017 Annual Report which
must be filed with the State each year with-in 9 months of the end of the fiscal
year.
Background: Special districts, with the exception of housing authorities created
under Chapter 421, Florida Statutes - Public Housing, must comply with
the Annual Financial Report requirement - even if the special district
does not have any revenues, expenditures, or debt.
All counties and municipalities must also comply with this requirement.
As they prepare their report, they may need financial information from
special districts located solely within their boundaries. Therefore,
special districts must cooperate with any such request and provide the
financial information as requested by the county and / or municipality.
Attachments: CRA 2017 Annual Report
B. Designation of a Registered Agent and Registered Office: Within 30 days after
its first meeting of its governing board, each special district must designate a
registered agent and a registered office.
Background: Within 30 days after its first meeting of its governing board, each
special district must designate a registered agent and a registered
office, then provide that information to the following:
A registered agent is an agent of the special district upon whom any
process, notice, or demand required or permitted by law to be served
upon the special district may be served. The registered agent must be
an individual resident of Florida whose business address is the same
as the special district's registered office. The registered office does not
have to be the special district's place of business.
A special district may change its registered office and/or registered
agent anytime by filing such changes with the county or municipality in
which the special district is located and with the Department of
Economic Opportunity, Special District Accountability Program
(preferred method is by email). This notification must occur as soon as
possible after making the change. The Program does not provide a
form for registered agent/office changes other than the Annual Special
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District Fee Invoice and Update Form, which the program mails to all
special districts each October.
C. Request for Approval of the Program Year 2016-2017 CDBG Consolidated
Annual Action Performance and Evaluation Report (CAPER) - Ron A. Paradise,
Assistant Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Internal and External Communication - Conduct a needs
assessment for social services and communicate resources for public benefit.
Background: The U.S. Department of Housing and Urban Development (HUD),
requires the CAPER to be submitted annually to remain federally grant
compliant. The CAPER is a summary of City activities accomplished
under Title 24 of the HUD-funded Community Development Block Grant
(CDBG) program. The CAPER report is formulated in accordance with
the HUD regulations governing consolidated submissions (24 CFR
91.520) and a purpose report the City’s proper use of HUD funds for
activities and projects accomplished within a HUD Program Year (PY).
For this PY, activities include funding senior citizen utilized areas of the
Center at Deltona, Public Works Department drainage projects, Parks
Department park improvements, and CDBG public services.
The CAPER is associated with the CDBG Five-Year Consolidated
Plan (CP), which establishes strategic goals for City CDBG activities
listed in the Annual Action Plan (AAP). The current CP for 2013-2017 is
updated annually by the AAP to report the implementation of the CP for
grant compliance and consistency. The CAPER consists of narratives
and tables documenting appropriate spending of the grant funds and
highlights efforts made by the City to improve citizen quality-of-life.
Finally, in accordance with the required citizen participation plan, the
City has observed a 15-day public comment period and no comments
were received verbally or in writing during the period (see the attached
PY 2016-2017 CAPER).
Attachments: PY 2016-2017 CAPER
D. Ratification for the emergency purchase of gravity main replacement - Matt
Doan, P.E., Public Works Director (386) 878-8973.
Strategic Goal: Public Safety/ Infrastructure
Background: On October 16th, 2017 an emergency purchase was made after a
gravity main was found to be in initial stages of failure. The line needed
to be replaced immediately due to the potential of a catastrophic road
collapse.
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Attachments: Carr & Collier, Inc. PO 18434
Signed PO Approval
Emergency Memo
Invoice
Carr & Collier, Inc. Quote Request 1
Danus Utilities Quote Request 2
Non-responsive Quote Request 3
E. Donation of surplus vehicle to Community Life Center
Background: The Fire Department was approved for replacement of Vehicle No.
FD-0601 2006 E350 15-passenger van in last year’s budget. This van
was replaced per the city’s vehicle replacement policy. The new van
has been received and has been placed in service. The vehicle is
being declared surplus and we would like to allow for the donation of
this van to Community Life Center.
In light of the tremendous efforts that the Community Life Center has
done and continues to do for our community, as well as, for the
Hurricane Mathew and Irma victims arriving into our community from the
islands, providing them this van will prove invaluable. They currently
have to gather several volunteers with vehicles or make several
individual trips to Daytona to pick up food for their pantry.
Community Life Center has been operating in Deltona since 1996 and
is a 501c3 public charity organization. The Community Life Center
exists to offer unexpected kindness by providing a hand up to
neighbors in need. Their center offers compassionate care for our
neighbors by assisting with basic needs including food, clothing, shelter
and utilities. Their hand up approach empowers neighbors for
self-sufficiency through problem identification, employment assistance,
knowledgeable workshops and referrals to partnering agencies. This
approach brings stability to lives of individuals and fosters
transformation in our community.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 07-2017, Electronic filing of campaign
treasurer’s reports, at second and final reading - Joyce Raftery, City Clerk’s
Department (386) 878-8502.
Background: On October 31, 2017 the Volusia County Supervisor of Elections sent
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
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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 their 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
B. Public Hearing - O’Reilly Auto Parts Final Plat (FP 17-001) - Chris Bowley,
AICP, Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Economic Development.
Background: On November 2, 2017, the City’s Development Review Committee
(DRC) reviewed the Final Plat (FP 17-001) for the above listed site.
Based on the above, the attached Final Plat is being brought to the City
Commission for review and approval (please see the attached Final
Plat and staff report). All comments cited in the attached DRC staff
report have been satisfied.
Attachments: O'Reilly Final Plat Final
O'Reilly Plat Peer Review
O'Reilly Final Plat Staff Report
C. Public Hearing - Resolution No. 2017-48, Volusia ECHO Program Grant Match
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Memorialization, Resolution No. 2017-49, and Budget Amendments - Chris
Bowley, AICP, Planning & Development Services Director, (386) 878-8602.
Strategic Goal: Fiscal Issues - find and write grants.
Background: The City of Deltona desires to invest in public improvements within the
City for residents’ quality of life. While the majority of public funding is
expended from the City, it seeks other funding sources to off -set or
supplement this public investment. The Volusia ECHO Program is an
alternative funding option that the City, as a municipality within Volusia
County, is eligible to apply.
In the past, the City has received ECHO grant funding, most recently for
Thornby Park and the Lakeshore Trail. For the 2017/2018 ECHO Grant
Cycle, the City is submitting applications for two (2) projects - the
Center at Deltona Performing Arts and Community Gardens Phase I
project, located at 1640 Dr. Martin Luther King Blvd.; and the Thornby
H.E.R.E. project, located at 110 Providence Blvd. Phase II of the Center
at Deltona Community Gardens would be in a future ECHO grant
application if the City desires to expand the community garden concept
to the remainder of the site.
Both current ECHO application projects require a grant cash match and
a local government resolution to document the cash match commitment .
The City Commission has already provided for the $100,000 cash
match for the Thornby H.E.R.E. project in the FY 2017/2018 Budget.
For the Center at Deltona project, the $200,000 will come from the
City’s Grants Match Fund as it is designed and guarantees/commits
the unencumbered ECHO Program cash match of 1:1 for the Center at
Deltona Performing Arts and Community Gardens Phase I to ensure
that the entire $200,000.00 is committed to the ECHO Program. The
Grant Match may be replenished in the future by any surplus funds, if
any, that could be left over from bond proceeds originally intended to
finance construction of the Center and this will not affect the ECHO
grant application committed amount of $200,000.00. The attached
Resolution No. 2017-48 will satisfy the Volusia ECHO Program’s grant
application requirement by memorializing the cash match commitment
for the Center at Deltona project.
Attachments: Resolution No. 2017-48 ECHO Grants
Resolution No. 2017-49 Grant Match Fund to Muni Complex
Budget Amendment 2018-006
Budget Amendment 2018-007
D. Resolution 2017-47 - Carryforward and Appropriation of City’s Natural Disaster
Reserve - Robert Clinger, Finance, 386-878-8552
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Strategic Goal: Public Safety
Background: The Commission previously approved appropriations from the City’s
Natural Disaster reserve to cover storm-related expenses for Hurricane
Matthew on November 7, 2016, and for Hurricane Irma on September
18, 2017. This budget amendment allows for the carryforward of those
appropriations to the current fiscal year, and appropriation of additional
costs in the current fiscal year to cover expenses based on updated
information. Ultimately, these gross expenses, net of any FEMA
reimbursements, will be taken from the City’s Natural Disaster Reserve.
Estimated gross costs are listed below. NOTE: The total for Irma
consists of $1,936,000 carryover from the FY 2016/17 appropriation,
plus additional costs of $2,985,000 based on the most recent
estimates.
Attachments: Resolution 2017-47 -Hurricane carryforwards and amendment
Budget Amendment 2018-002 Hurricanes Matthew and Irma Carryforward
10. OLD BUSINESS:
11. NEW BUSINESS:
A. Consideration of appointment of seven (7) members to the Parks and
Recreation Advisory Board. - Joyce Raftery, City Clerk, (386) 878-8502.
Background: The terms of all seven (7) members of the Parks and Recreation
Advisory Board will expire on December 31, 2017. All of the current
members have expressed that they wish to be re-appointed to this
Board with the exception of Lonnie Wilson.
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
applications from the following individuals: Lissette Huertas-Kazaks,
Mal Locke and Dorinda Ortiz.
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Attachments: Parks Recreation Advisory Committee By-Laws
Parks & Recreation Advisory Committee Member List
Application - Julio DeLeon
Application - Helen Dicks
Application - Nathan Johnson
Application - Bernice Ludvick
Application - Helen Pereira
Application - Gizelle Sierra
Application - Lissette Huertas-Kazaks
Application - Mal Locke
Application - Dorinda Oritz
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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