City Commission
Regular MeetingDeltona, FL · May 21, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, May 21, 2018 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 Bradford
Commissioner Honaker
Commissioner McFall
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 and he will have a silent invocation.
A. Invocation Presented by Mayor Masiarczyk.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Masiarczyk stated next are the minutes from the May 7, 2018 meeting.
There were no comments or questions.
A. Approval of minutes - Regular Commission Meeting of May 7, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
C. Proclamation - Emergency Medical Services Week, May 20-26
Mayor Masiarczyk asked Vice Mayor Herzberg if she would read the EMS Proclamation.
Vice Mayor Herzberg responded she would read the proclamation.
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A. Volusia County Sheriff’s Office update on License Plate Readers and other
crime statistics. Captain P. Kammerer, Volusia County Sheriff’s Office,
(386) 860-7030.
Strategic Goal: Internal and External Communication.
Mayor Masiarczyk stated Capt. Kammerer from Volusia County Sheriffs' Office (VCSO) will
be giving an update on the License Plate Readers.
B. Presentation: Certus Memory Care Facility - Jane K. Shang, City Manager,
City Manager Office, (386) 878-8858.
Strategic Goal: Economic Development - Work with existing businesses to
expand/grow.
Mayor Masiarczyk stated next is a presentation from the Certus Memory Care Facility.
City Manager Shang commented the presentation should be about 4 - 5 minutes.
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
Mayor Masiarczyk asked if there would have any Special Reports.
Commissioner Honaker asked to have another discussion regarding electronic signage
that had been discussed on April 30th. He stated he believed there had been some
confusion that some on the Commission thought that funds would be taken from the
Hurricane Fund when the funds would be taken from unincumbered revenue so he would
like to bring that back for discussion because the City is just not communicating events like
natural disasters and where to get sand bags, etc.
Mayor Masiarczyk asked if Commissioner Honaker was talking about the marque signs or
portable signs. City Manager Shang responded Commissioner Honaker is talking about
the new electronic signs.
Commissioner Honaker listed locations such as The Center, updating the fire stations and
every place where residents will see them and communicate them. He stated at the time of
discussion some on the Commission thought the City would use hurricane funds and the
City does not want to use those funds but use the unincumbered funds the City has that the
Commission agreed it would spend.
Mayor Masiarczyk asked if Commissioner Honaker wanted to bring this issue up again.
Commissioner Honaker responded "yes", the Commission has all the information including
what the signs cost and he would like to take another vote.
City Manager Shang stated during budget discussions she had made a suggestion of
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several locations to build electronic signage similar to what is at the gateway and Saxon
and Normandy. She stated the consensus of the Commission was that the issue be put on
hold except for the electronic sign at The Center and she believed Commissioner Honaker
wanted to bring this issue up again.
Mayor Masiarczyk asked Commissioner Honaker to make copies of the information later
for the Commission and he asked if Commissioner Honaker was asking for additional
locations. Commissioner Honaker responded he wanted the locations that were approved
and to go ahead and spend the money out of the unincumbered revenue, it is not a
budgeted item. Mrs. Hooper commented that the City is not even sure it will get the funds.
Commissioner Honaker responded that is where the confusion is; the City has money in the
unincumbered revenue fund and there was $11 million in the fund last year that the City is
spending on park cameras and other items. Mayor Masiarczyk asked to clarify that
Commissioner Honaker was talking about new locations. Commissioner Honaker
responded it was locations that the City Manager breifed the Commission about on April
30th and he listed Fire Stations 61, 63 and 64 and he wanted to use the money the City
already had in unincumbered revenue and not the hurricane money.
Commissioner Nabicht suggested this issue be discussed at the regular meeting but the
Commission had already discussed that and gave direction.
Vice Mayor Herzberg stated she will have a League of Cities update.
Commissioner Nabicht stated he would have an update from the League of Cities also.
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:
A. Request for approval of Resolution No. 2018-21, Extension of Interlocal
Agreement with Volusia County for distribution of Local Option Fuel Tax
Proceeds for one year beginning September 1, 2018 through August 31,
2019 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability.
Mayor Masiarczyk stated next is the Consent Agenda. He stated he does not want to
discuss this now but, he suggested pulling Item A because there is insufficient information
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on what the options are. He stated he has spoken with other people and Finance says it is
a better deal but Port Orange turned it down unanimously. He added with all that is going on
with half cent sales tax and the impact fees and the Commission can take it to the next
meeting but it can be discussed at the Regular Meeting. That would be his
recommendation.
Vice Mayor Herzberg asked if there is a time line and City Manager Shang responded the
agreement expires in August of this year. It was determined the Commission has time.
Commissioner Nabicht stated to pull the item and the Commission will talk about it.
There were no other questions or comments.
B. Request for approval of Resolution No. 2018-22, approval of prior year (FY
2016/2017) budget carryforward of Capital Equipment Replacement Funds
in order to provide funding to complete certain City initiatives. Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
There were no questions or comments on this item.
C. Request for approval of Resolution No. 2018-23, approval of expenditure of
$20,000 for the annual maintenance and software support for the VCSO
License Plate Readers. Mari Leisen, Deputy Finance Director (386)
878-8553.
Strategic Goal: Public Safety
There were no questions or comments on this item.
D. Request for approval of Resolution 2018-24 in support of Florida League of
Cities Amicus Brief in Halifax Health appeal to the Florida Supreme Court
pertaining to bonds for construction of their hospital in Deltona, Volusia
County, Florida. Marsha Segal- George, Assistant City Attorney, (386)
878-8872.
Strategic Goal: Internal / External Communication.
There were no questions or comments on this item.
E. Request approval of Resolution No. 2018-25, budget amendment for
transfer of funds from the 2017-2018 Law Enforcement Impact Fees Fund to
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Replacement Equipment Fund. - Camille Hooper, Finance Department
(386) 878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote
an effective system of checks and balances.
Mayor Masiarczyk asked if this budget transfer was for the bikes and City Manager Shang
responded "yes".
There were no other questions or comments on this item.
F. Request approval of Resolution No. 2018-26, budget amendment for
transfer of funds to the 2017-2018 Replacement Equipment Fund from the
Law Enforcement Impact Fees Fund. - Camille Hooper, Finance
Department (386) 878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote
an effective system of checks and balances.
Mayor Masiarczyk stated this item is another part to Item 8 - E. Commissioner Nabicht
responded it is step two (2).
City Manager Shang clarified that Item 8 - E is the move the funds and Item 8 - F is to spend
the funds.
There were no other comments on this item.
G. Request approval of Resolution No. 2018-27, General Fund budget
amendment to reflect receipt of FEMA reimbursements for Hurricane
Matthew. - Camille Hooper, Finance Department (386) 878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote
an effective system of checks and balances.
Mayor Masiarczyk stated Item 8 - G is Hurricane Matthew reimbursement funds from
FEMA.
Commissioner Honaker stated this is part one (1) to move the money into General Fund
and part two (2) is to spend the money. City Manager Shang responded part two (2) is to
put the money into the Disaster Relief Fund. Commissioner Honaker stated he wanted to
make sure that step two (2) would come later and will be pulling the item for clarification for
the public.
There were no other questions or comments on this item.
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9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 03-2018, Rezoning a ±3.5 Acre Tract from
Professional Business (PB) to C-1 (Retail Commercial), at second and final
reading - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk stated next is a public hearing on Ordinance 03-2018 a rezoning of a 3.5
tract from Professional Business (PB) to Retail Commercial (C-1) for second and final
reading.
Commissioner Bradford asked if staff recommends having that right turn lane. She stated
she understands that Dunkin and none of the other businesses have a right turn lane but as
the City continues to develope that corridor are we going to need it. She added she is not
planning for now but for five (5) years from now and asked what staff recommends. Mr.
Paradise responded "yes" that he believes a right turn lane would be appropriate just on the
scope and the size and the nature of the businesses that are developed.
Mayor Masiarczyk stated Commissioner Bradford can ask that question at the Regular
Meeting but this is a rezoning only and that will come up with development review.
There were no other questions or comments on this item.
B. Public Hearing - Ordinance No. 11-2018, amending Chapter 96 -
Improvements, Article II - Design and Construction Standards of
Improvements, Sections 96-34 related to sewer connection, providing
voluntary connection to sewer facilities for existing residential customers,
at second and final reading. - City Attorney, (386) 878-8872.
Strategic Goal: Infrastructure - Include requirements for utilities when
reviewing site plans for permitting.
Mayor Masiarczyk stated Item 9 - B is Ordinance 11-2018 providing for voluntary sewer
connection for second and final reading.
There were no questions or comments on this item.
C. Public Hearing - Ordinance No. 13-2018, Amending the Firefighters’
Pension Plan to reflect language agreed to in the 2015 Collective
Bargaining Agreement, provide clarifying language for eligibility for
disability benefits and moving language to a more appropriate section of
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the plan, at second and final reading. - City Attorney (386) 878-8872.
Strategic Goal: Internal & External Communication - Improve
Intergovernmental Coordination.
Mayor Masiarczyk stated the next item is Ordiance 13-2018 amending the Firefighters'
Pension Plan for second and final reading to correct some Scribner's errors.
There were no questions or comments on this item.
10. OLD BUSINESS:
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
None.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:39 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
Vice Mayor Heidi Herzberg
Commissioner Anita Bradford
Commissioner Gary Mitch Honaker
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Commissioner Victor M. Ramos
Monday, May 21, 2018 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 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 May 7, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: May 7, 2018 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Volusia County Sheriff’s Office update on License Plate Readers and other
crime statistics. Captain P. Kammerer, Volusia County Sheriff’s Office, (386)
860-7030.
Strategic Goal: Internal and External Communication.
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Background: Volusia County Sheriff’s Office update on License Plate Readers and
other crime statistics.
B. Presentation: Certus Memory Care Facility - Jane K. Shang, City Manager, City
Manager Office, (386) 878-8858.
Strategic Goal: Economic Development - Work with existing businesses to
expand/grow.
Background: Certus has a new memory care facility in Orange City and will provide a
synopsis of their services (see attached).
Attachments: Certus Presentation Deltona
C. Proclamation - Emergency Medical Services Week, May 20-26
Background: A proclamation for Emergency Medical Services Week, May 20-26,
2017 with the theme, “EMS Strong: Stronger Together” to recognize
members of emergency medical services teams who are ready to
provide lifesaving care to those in need 24 hours a day, seven days a
week.
Attachments: Emergency Medical Services Week 2018
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
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:
A. Request for approval of Resolution No. 2018-21, Extension of Interlocal
Agreement with Volusia County for distribution of Local Option Fuel Tax
Proceeds for one year beginning September 1, 2018 through August 31, 2019 -
Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability.
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Background: In 2003 the City entered into an interlocal agreement with Volusia
County for the distribution of Local Option Fuel Tax proceeds for the
period of September 1, 2003 through August 31, 2013. This
agreement includes a formula for distribution of these tax proceeds
based on several factors, including property values, population, and
roadway mileage. In June 2013 the City and County approved a
renewal of the agreement for five additional years beginning
September 1, 2013 through August 31, 2018.
The County and sixteen municipalities currently participate in the
distribution of Local Option Fuel Taxes. Revision of the distribution
formula would require negotiation among these parties and is unlikely
to be completed prior to expiration of the current agreement. Volusia
County has approved a one-year extension to the interlocal agreement.
As a result, staff recommends that the Commission approve a one-year
extension of the existing agreement to allow uninterrupted revenue
distributions while the participating entities reevaluate the distribution
formula.
Resolution No. 2018-21 approves an extension of the existing
agreement with the County through August 31, 2019.
Attachments: Resolution No. 2018-21
Local Option Fuel Tax - Interlocal Agreement
Deltona Interlocal Agreement
Volusia County 1 Year Renewal to Interlocal Agreement
B. Request for approval of Resolution No. 2018-22, approval of prior year (FY
2016/2017) budget carryforward of Capital Equipment Replacement Funds in
order to provide funding to complete certain City initiatives. Camille Hooper,
Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: During the 16/17 fiscal year the City Commission approved the
purchase of License Plate Readers and a Purchase Order was entered
into; however the process was not completed in the fiscal year
approved. Staff is requesting approval to carry forward funding for the
completion of the purchase.
Attachments: 2018-043 LPRs Carryforward
R-2018-22 - Capital Equipment Carry Forward - LPRs
C. Request for approval of Resolution No. 2018-23, approval of expenditure of
$20,000 for the annual maintenance and software support for the VCSO
License Plate Readers. Mari Leisen, Deputy Finance Director (386) 878-8553.
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Strategic Goal: Public Safety
Background: During the 16/17 fiscal year the City Commission approved the
purchase of License Plate Readers and a Purchase Order was entered
into; however the process was not completed in the fiscal year
approved. The equipment has been installed, however the annual
maintenance was not budgeted for this fiscal year. Staff is requesting
approval of the expenditure to enter into an annual maintenance
agreement with NDI Technologies, Inc.
Attachments: 2018-048 Resolution 2018-23 Annual Maint LPR
2018-048 Annual Maint LPR Program
D. Request for approval of Resolution 2018-24 in support of Florida League of
Cities Amicus Brief in Halifax Health appeal to the Florida Supreme Court
pertaining to bonds for construction of their hospital in Deltona, Volusia County,
Florida. Marsha Segal- George, Assistant City Attorney, (386) 878-8872.
Strategic Goal: Internal / External Communication.
Background: Halifax Health has a free standing emergency department in the City
and is currently building a new 96-bed acute hospital in Deltona, Florida
which is important to the residents of the City and the economic impact
of those services being located within Deltona. Volusia County Circuit
Judge Christopher Frances denied Halifax Health’s request for a bond
validation in Case Number 2018-30059. Halifax Health is appealing
this ruling to the Florida Supreme Court. The Florida League of Cities
and the Florida Association of Counties are filing an Amicus Brief
(friend of court) in Halifax Health appeal to the Florida Supreme Court.
The City supports Florida League of Cities and Florida Association of
Counties in their filing of an Amicus Brief in this matter in which the
importance and prevalence of interlocal agreements between cities
and special districts, like the interlocal agreements between Deltona
and Halifax, will be presented to the Florida Supreme Court.
Attachments: Resolution 2018-24
E. Request approval of Resolution No. 2018-25, budget amendment for transfer of
funds from the 2017-2018 Law Enforcement Impact Fees Fund to Replacement
Equipment Fund. - Camille Hooper, Finance Department (386) 878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote an
effective system of checks and balances.
Background: The Volusia County Sheriff’s Office has requested funds to purchase
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bicycles for use by VCSO deputies on patrol within the City of Deltona.
This budget amendment will provide for a transfer from the Law
Enforcement Impact Fees Fund to the Replacement Equipment Fund
for this purchase.
Attachments: 2018-044 Resolution 2018-25 Law Enforcement Tsfr Out - Equipment
2018-044 VCSO Bikes
F. Request approval of Resolution No. 2018-26, budget amendment for transfer of
funds to the 2017-2018 Replacement Equipment Fund from the Law
Enforcement Impact Fees Fund. - Camille Hooper, Finance Department (386)
878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote an
effective system of checks and balances.
Background: The Volusia County Sheriff’s Office plans to purchase bicycles for use
by deputies on patrol in Deltona. This budget amendment reflects the
transfer to the Replacement Equipment Fund from the Law
Enforcement Impact Fees Fund for the purchase.
Attachments: 2018-045 Resolution 2018-26 Replacement Equipment Transfer In - VCSO Equi
2018-045 VCSO Bikes
G. Request approval of Resolution No. 2018-27, General Fund budget
amendment to reflect receipt of FEMA reimbursements for Hurricane Matthew. -
Camille Hooper, Finance Department (386) 878-8552.
Strategic Plan: Fiscal Issues - Maintain current fiscal stability, and promote an
effective system of checks and balances.
Background: Hurricane Matthew struck Deltona in October 2016. The City submitted
reimbursement claims to the Federal Emergency Management Agency
(FEMA) in early 2017 for expenses for pre-storm protective measures,
debris removal, and repair of damages to City property. After review
by both FEMA and Florida Public Assistance, the City finally received
reimbursements of approximately $1,604,200 in April 2018.
Attachments: 2018-046 Resolution 2018-27 FEMA Reimbursement
2018-046 FEMA Reimbursement
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 03-2018, Rezoning a ±3.5 Acre Tract from
Professional Business (PB) to C-1 (Retail Commercial), at second and final
reading - Ron A. Paradise, Assistant Director, Planning and Development
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Services, (386) 878-8610.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Background: The proposal is to rezone a ±3.5 acre tract located along the Howland
Blvd. corridor from Professional Business (PB) to C-1 (Retail
Commercial). ). In the PB zoning district, permitted principal uses are
include office, financial institutions, and single family residences. The
requested C-1 zoning district has a more expansive list of permitted
principal uses, with the intent of being neighborhood oriented. This
amendment request is in keeping with similar changes along Howland
Blvd. from PB to C-1 (i.e. the Dunkin Donuts vacant land east of
Roseapple Ave.) The requested C-1 zoning amendment is also
consistent with the City’s Comprehensive Plan.
Further, as part of the rezoning application, a traffic impact analysis
(TIA) was submitted that indicated that Howland Blvd. has capacity to
serve the subject property with commercial uses. However, other
roadway segments will be caused to operate below an acceptable
concurrency level of service (LOS). Thus, options exist for the applicant
to either improve off-site areas or provide proportionate fair-share
mitigation. For more information regarding this rezoning request,
please see the attached support documentation. Finally, the City
Commission approved Ordinance No. 03-2018, at first reading, at the
April 2, 2018, public hearing. On May 7, 2018, City Commission tabled,
date-certain, the ordinance due to an error in due public notice. The
date-certain public hearing of May 8, 2018, is the second and final
reading of the ordinance.
Attachments: Ord No. 03-2018
Staff Report
Transportation Impact Analysis
TIA Peer Review
Map Series
B. Public Hearing - Ordinance No. 11-2018, amending Chapter 96 -
Improvements, Article II - Design and Construction Standards of Improvements,
Sections 96-34 related to sewer connection, providing voluntary connection to
sewer facilities for existing residential customers, at second and final reading. -
City Attorney, (386) 878-8872.
Strategic Goal: Infrastructure - Include requirements for utilities when reviewing
site plans for permitting.
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Background: The City Commission has identified that a need exists and there is a
desire to amend provisions of Chapter 96 - Improvements and to
include a provision which allows existing residential customers to
voluntary connect to the City of Deltona sewer system, if the customer
so desires and if such sewer service is available, but does not under
any circumstance force an existing residential customer to connect to
the City of Deltona’s sewer system.
Attachments: Ordinance No. 11-2018
C. Public Hearing - Ordinance No. 13-2018, Amending the Firefighters’ Pension
Plan to reflect language agreed to in the 2015 Collective Bargaining
Agreement, provide clarifying language for eligibility for disability benefits and
moving language to a more appropriate section of the plan, at second and final
reading. - City Attorney (386) 878-8872.
Strategic Goal: Internal & External Communication - Improve Intergovernmental
Coordination.
Background: Section 46-33, Benefit Amounts and Eligibility, is being amended to
reflect the potential cost of living and retirement subsidy adjustments in
the 2015 Collective Bargaining Agreement due to oversight the
pension ordinance was not revised.
Section 46-35, Disability, is being amended to more clearly identify the
eligibility requirements for members who apply for disability benefits.
Section 46-56, Retirement Subsidy, is being moved to the Benefit
Amounts and Eligibility Section of the plan as subsection (g).
Attachments: Ordinance No. 13-2018
10. OLD BUSINESS:
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
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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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