City Commission
Regular MeetingDeltona, FL · June 18, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, June 18, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
The meeting was called to order by Mayor Masiarczyk 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.
Mayor Masiarczyk commented he had celebrated Flag Day on Thursday and 153 flags from
all around the area were retired that day. He stated word had gotten around and flags came
from the VA Cemetary in Melbourne where the families do not want the flags that were flown
during the day of internmant because the families are presented a folded flag.
Mayor Masiarczyk asked Commissioner Bradford if she had the invocation and
Commissioner Bradford responded "yes" that Dr. Durham will be giving the invocation.
A. Invocation Presented by Commissioner Bradford.
4. APPROVAL OF MINUTES & AGENDA:
There were no questions or comments on this item.
A. Approval of minutes - Regular Commission Meeting of June 4, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
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Mayor Masiarczyk stated the City Manager will have some comments and introductions
before the Fire Department Presentation.
A. Summary of Fire Department - Bill Snyder, Fire Chief
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
Vice Mayor Herzberg stated she will have a Healthy Start update.
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 with the Halifax Hospital letter and a
Budget Amendment for the down spouts as part of the roof repairs. He mentioned there
was a typo in the Budget Amendment, it should be $345,000.
There were no questions or other comments.
A. Request for approval of Resolution 2018-40 in support of Halifax Hospital
Medical Center Special Taxing District’s effort to amend its Enabling Act
through the Legislative process to clearly state the District’s authority to
provide, operate and maintain medical services and medical facilities,
including the Deltona Hospital under construction, outside the geographic
boundaries of its Taxing District. - City Attorney Marsha Segal-George,
Legal Department, (386) 878-8872.
Strategic Goal: Internal / External Communication.
B. Request for approval of budget amendment for additional work related to
downspouts as part of City Hall roof replacement - Camille Hooper, Finance
Department, 386 878-8552.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2018-29, Establishing the Preliminary
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Annual Rate of Assessment for Solid Waste Services for FY 2018/2019 -
Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Mayor Masiarczyk stated this item is an Ordinance establishing the rate of assessment for
Solid Waste. He stated that the City Manager and Staff will give the Commission a number
which will be a maximum number as there is no firm number yet. He stated the cost of the
service will not go any higher but could go lower once the bidding process is finished which
cannot be discussed at this time.
There were no questions or comments on this item.
B. Public Hearing - Resolution No. 2018-31, Establishing the Preliminary
Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for
FY 2018/2019 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Mayor Masiarczyk stated the next item is a Resolution establishing the rate for Lake
McGarity Aquatic Weed Control. He added that the rate is going down.
There were no questions or other comments on this item.
C. Public Hearing - Resolution No. 2018-28, Establishing the Preliminary
Annual Rate Resolution - Stormwater Services for FY 2018/2019 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Mayor Masiarczyk stated the next item is a Resolution to establishe the annual rate for
Stormwater Services.
There were no questions or comments on this item.
D. Public Hearing - Resolution No. 2018-30, Establishing the Preliminary
Annual Rate Resolution - Streetlighting Services for FY 2018/2019 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Mayor Masiarczyk stated the next item is a Resolution to establish the preliminary annual
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rates for Streetlighting with each district having a different amount because of the different
amount of lights in each one.
There were no questions or comments on this item.
10. OLD BUSINESS:
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 the next item is a Resolution extending the interlocal agreement
with Volusia County for the distribution of the Local Option Fuel Tax for one (1) year. He
added the City has received further information as requested.
There were no questions or other comments.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
None.
13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
Commissioner Ramos commented he had been receiving phone calls over the past two (2)
weeks regarding cats and he asked if the City is doing anything about this issue. Vice
Mayor Herzberg responded someone from the City had spoken with the person today.
Commissioner Ramos asked if there is a policy because he is getting questions from
residents asking if the cats can be taken somewhere and can something be done to tak
care of this.
City Manager Shang stated the City has the TNR Program. City Attorney Segal-George
responded she is rewriting the policy and once it is rewritten she believes there will more
clarity. She added she should have it done within the next week.
Commissioner Ramos asked if a person could take a cat somewhere and drop it off. Vice
Mayor Herzberg responded that you can take the cat to the Humane Society. city Manager
Shang stated we would like to promote the TNR Policy. Vice Mayor Herzberg responded
the City follows the County Policy which is TNR and return to field. She stated an individual
can take cats to Southeast or Halifax, an ID must be produced, Seminole County will not
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except Volusia County animals because the municipality is billed. She stated City still gets
billed $95.00 no matter who takes the animal in for impound. She added that if it is an
owner surrender the charge is $55.00 so either way the City gets billed for cats and dogs.
Commissioner Ramos stated he will let the people know something is being worked on.
Mayor Masiarczyk stated he had one other thing concerning Superintendant Russell having
a special School Board Meeting at 3:30 p.m. at Deltona High. He stated he has a conflict
and he asked if anyone can attend. He stated he believes the meeting has to do with the
official signing of the agreement between Florida Hospital and the Health Academies.
Commissioner Ramos responded he would be there and Commissioner Bradford
commented she would try to be there.
There were no other comments.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:40 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, June 18, 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 Commissioner Bradford.
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 June 4, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: June 4, 2018 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Summary of Fire Department - Bill Snyder, Fire Chief
Background: The mission of the Deltona Fire Department is to prevent fire, the loss
of life and property, and be prepared to effectively mitigate all hazards
to the citizens and visitors of the City of Deltona. We strive to treat the
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community and department personnel like family.
Chief Snyder will discuss the mission of the fire department and the
emergency and non-emergency services the department provides. He
will also update the commission on the current activities of the fire
department.
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 2018-40 in support of Halifax Hospital
Medical Center Special Taxing District’s effort to amend its Enabling Act
through the Legislative process to clearly state the District’s authority to
provide, operate and maintain medical services and medical facilities, including
the Deltona Hospital under construction, outside the geographic boundaries of
its Taxing District. - City Attorney Marsha Segal-George, Legal Department,
(386) 878-8872.
Strategic Goal: Internal / External Communication.
Background: Halifax has determined to amend its Enabling Act through the State of
Florida’s legislative process to clarify and confirm its authority to
operate outside of its taxing boundaries consistent with its operations
and Interlocal Agreements over the past decades. The amendment of
Halifax’s Enabling Act will clarify and confirm that Halifax is authorized
to provide, operate, and maintain medical services and medical
facilities both within and beyond its geographic taxing boundaries,
through itself or any of its affiliates, provided that Halifax does not levy
taxes or expend tax revenue outside of its geographic taxing
boundaries.
Attachments: Resolution 2018-40
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B. Request for approval of budget amendment for additional work related to
downspouts as part of City Hall roof replacement - Camille Hooper, Finance
Department, 386 878-8552.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Background: The Commission previously approved a total budget of $325,000 for
replacement of the City Hall roof due to age and hurricane damage.
The contract amount for the roof replacement totaled approximately
$315,800. The contractor has submitted a change order for additional
work to related to the downspouts for the building to complete the
required renovations. Staff requests a budget amendment of $20,000
to allow for the downspout work and contingency funds in the event the
contractor encounters a need for further repairs. This amendment
brings the total project budget to $340,000.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the City Manager
to sign any documents necessary to further Commission approval of
this item.
Attachments: 2018-054 Resolution 2018-41 Municipal Complex Downspout Replacement
2018-054 Downspout Replacement
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2018-29, Establishing the Preliminary Annual
Rate of Assessment for Solid Waste Services for FY 2018/2019 - Camille
Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: The Solid Waste Collection System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-56 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. The annual solid waste assessment rate
for FY 2018/2019 is proposed at $_________ per Equivalent
Residential Unit (ERU) which reflects a change from the rate for the
current fiscal year. Attached is the Annual Rate Resolution for solid
waste assessments.
Attachments: Resolution No. 2018-29
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B. Public Hearing - Resolution No. 2018-31, Establishing the Preliminary Annual
Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY
2018/2019 - Camille Hooper, Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Background: The Lake McGarity Special Assessment District was established to
provide aquatic weed control services for the Lake. The cost of those
services are apportioned to properties that will benefit from those
services and will be levied to the property owners.
Section 54-16 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for Aquatic Weed Control Services assessments for the
Lake McGarity Special Assessment District for FY 2018/2019. Staff is
proposing the current annual rate of $219.51 per assessed parcel,
which represents a decrease of $268.29 from the rate for the current
fiscal year.
Attachments: Resolution No. 2018-31
C. Public Hearing - Resolution No. 2018-28, Establishing the Preliminary Annual
Rate Resolution - Stormwater Services for FY 2018/2019 - Camille Hooper,
Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Background: The Stormwater Utility System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-158 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for stormwater utility assessments for FY 2018/2019. Staff is
proposing the current annual rate of $108.00 per ERU (Equivalent
Residential Unit), which is unchanged from the current annual rate of
$108.00 per ERU.
Attachments: Resolution No. 2018-28
D. Public Hearing - Resolution No. 2018-30, Establishing the Preliminary Annual
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Rate Resolution - Streetlighting Services for FY 2018/2019 - Camille Hooper,
Finance Director (386) 878-8552.
Strategic Goal: Fiscal Issues.
Background: The Streetlighting Services System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-253 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The proceedings for adoption of
an Annual Rate Resolution require the adoption of a Preliminary and
Annual Rate Resolutions. Attached is the Preliminary Annual Rate
Resolution for street lighting assessments.
Attachments: Resolution No. 2018-30
10. OLD BUSINESS:
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.
Background:
In 2003 the City entered into an interlocal agreement with Volusia
County for the distribution of Local Option Fuel Tax proceeds through
August 31, 2013, then renewed the agreement through August 31,
2018.
The current interlocal agreement with Volusia County distributes the tax
revenues using a formula that includes each municipality’s property
values, population, and roadway mileage. These factors are updated
annually.
If a county has no interlocal agreement with its municipalities, Florida
Statutes requires the distribution to be based upon each municipality ’s
proportionate share of transportation expenditures for the preceding
five years, with distribution percentages updated only every ten years .
The Statute, however, does not provide specific instructions for the
calculation. Staff from the Florida Department of Revenue confirmed
that, even under this “default method,” each individual county
determines the relevant transportation expenditures and
calculates the ultimate distribution percentage for each
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municipality.
Because there are no authoritative guidelines for the so-called
default method calculation, it is not possible to determine the
City’s share of these taxes under that method. Without an
interlocal agreement, the County would ultimately control and
determine the City’s share of the taxes. Every year that the
current agreement has been in effect, the City of Deltona has received
the largest amount of Local Option Fuel Tax Revenue of all of Volusia
County’s sixteen municipalities, second only to the County itself. Staff
does not believe that a change to the “default method” would result in
additional revenue for Deltona.
The County and virtually all of its municipalities have already approved
the one-year extension, so it will go into effect regardless of Deltona’s
vote.
Staff once again recommends that the Commission approve
Resolution No. 2018-21 to extend 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
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
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
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the meeting date and time at (386) 878-8500.
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