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City Commission

Regular Meeting

Deltona, FL · September 5, 2018

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Wednesday, September 5, 2018 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Masiarczyk. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Honaker Commissioner McFall Commissioner Nabicht Commissioner Ramos Vice Mayor Herzberg Mayor Masiarczyk City Manager Shang City Attorney Absent: 1 - Commissioner Bradford 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Mayor Masiarczyk. Mayor Masiarczyk led everyone in a silent invocation and the pledge to the flag. The National Anthem was sung by Adonai Crespo a 12th Grader at Pine Ridge High School. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of August 20, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Honaker, seconded by Vice Mayor Herzberg, to approve the minutes of the Regular Commission Meeting of August 20, 2018, as presented. The motion carried by the following vote: City of Deltona Page 1 Printed on 9/12/2018 City Commission Minutes September 5, 2018 For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk 5. PRESENTATIONS/AWARDS/REPORTS: None. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: Commissioner Nabicht requested to receive an outline of what the OPPAGA would include and what the City can expect so the City Manager can provide staff time. Representative Santiago's Legislative Aide stated he does not have the full details of what the OPPAGA would include as it is not something normally done in his office, however, a request will have to be made to the Speaker of the House and he will provide an update to the City Manager. Commissioner Honaker stated he does not have enough information to vote on the motion, he does not want this to take up a lot of staff time and since there is an audit done every year already, is this going to provide new information that is different from the normal yearly audit. Representative Santiago's Legislative Aide replied it more specifically looks at performance, what is happening within Deltona Water and the concern in this case is whether or not Deltona Water is using best practices and standards used around the State of Florida and efficiencies. Motion by Commissioner Ramos, seconded by Vice Mayor Herzberg, to direct the City Manager to contact Representative David Santiago's office so the City can proceed with the independent review of Office of Program Analysis and Government Accountability (OPPAGA). Commissioner Ramos stated he has been selected as a candidate for the "Real Men Wear Pink" for breast cancer awareness through the American Cancer Society. He stated he would like to see if there is something the City can do, he referenced Relay For Life and he suggested maybe everyone wearing pink to a Commission meeting. He stated when he has more information he will bring it forward to the Commission. Commissioner Nabicht stated at last month's Transportation Planning Organization (TPO) meeting the crash study report was produced and given to TPO. The crash study is online at www.r2ctpo.org and it is lengthy. There was a segment of Saxon Blvd. between Finland Drive and Enterprise Road toward Orange City and it had a high frequency of crashes. Florida Department of Transportation (FDOT) and TPO will be looking at that to try and incorporate some safety measures to try and reduce those crashes. Most of the significant crashes in the County occur on the east side of the County. The safety measures will be in City of Deltona Page 2 Printed on 9/12/2018 City Commission Minutes September 5, 2018 combination with Orange City, Deltona, TPO and FDOT. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk 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. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Commissioner Nabicht left the meeting at 6:40 p.m. Dana McCool, Deltona Strong, Deltona, thanked Deltona Water Acting Director Dave Denny and Finance Director Camille Hooper for their time, the new policy for drop box payments and 55 residents being spared a disconnect fee due to the change, she thanked David Santiago and the Commission for being perceptive of their input, the common good of all residents, the first steps of any recovery is admitting there is a problem, having to heal before making progress, the City's politics, comments made by Commissioner Honaker at the last meeting, moving forward there is hope the new Commission will answer questions that have gone unanswered, and she invited everyone to the next Deltona Strong meeting on September 16, 2018 at the Deltona Library from 2:00-4:00 p.m. Commissioner Nabicht entered the meeting at 6:46 p.m. Terri Ellis, 1620 West Akron Drive, Deltona, spoke about starting to attend the Commission meetings a year and a half ago, she listed issues with the City, resident retaliation, Town Hall meetings, garage sales, she has wanted to give up being an active resident, Commissioner Honaker's comments at the last meeting, seventeen people attending the meeting regarding the Comprehensive Plan, Deltona Strong's membership growing every day, the number of people who have attended the candidate debates, small groups and activism not being an enemy, how activism impacted Flint Michigan and she asked that in the future becoming a citizen is not so labor intensive. Brandy White, 2689 Chalmer Street, Deltona, thanked Commissioner Bradford for her Town Hall meeting and she spoke about Commissioner Honaker's comments at the last meeting, residents' opinions mattering and every vote counting, residents not stating opinions but facts, Law Enforcement's tag line "See Something, Say Something", 5,000+/ -residents on the Facebook page Deltona - A City on the move, the City Attorney not allowing her to speak at the last meeting, that residents are not going away regardless of the outcome of the election, residents wanting The Center to be a success, and treating residents like they do not matter. City of Deltona Page 3 Printed on 9/12/2018 City Commission Minutes September 5, 2018 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: Commissioner Honaker requested to pull Item 8-D and VIce Mayor Herzberg requested to pull Item 8-A. Motion by Vice Mayor Herzberg, seconded by Commissioner Honaker, to approve Consent Agenda Items 8-B and 8-C. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk A. Request for approval of budget amendment for additional work related to attorney fees for the City of Deltona - Mari Leisen, Finance Department, 386 878-8553. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Mayor Masiarczyk opened the public comment. Brandy White, 2689 Chalmer Street, Deltona, requested a rundown of the item as she has tried for several days to open the attachments and was unsuccessful. City Manager Shang stated budget discussions start in the Spring and the fiscal year starts on October 1st. When the budget was approved this fiscal year that started October 1st the City did not hire the City Attorney until November so staff used the figure of the prior law firm of $360,000. When the Commission interviewed the new City Attorney the rate was different and the Commission chose the City Attorney candidate with the lower rate as well. When the new City Attorney was hired the Commission knew the rate would change. Mr. White asked if any other law staff, legal staff or outside attorney were hired other than the City Attorney to handle matters within the City and City Manager Shang replied not to her knowledge. Mayor Masiarczyk stated there has been additional legal work with union negotiations, the waste contract and an outstanding lawsuit with the City which has run some of the cost up. Mayor Masiarczyk closed the public comment. Motion by Commissioner Honaker, seconded by Commissioner City of Deltona Page 4 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Nabicht, to approve Consent Agenda Item 8-A. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk B. Request approval of Resolutions No. 2018-58 and 2018-59 to amend the Economic Development and Park Projects Funds budgets and authorize expenditures for Design Services for the Eco-Tourism projects in preparation for the ECHO Grant Funding application. - Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Infrastructure: Park Facilities Approved by Consent Agenda - to approve Resolutions 2018-58 and 2018-59, to transfer funding from the Economic Development Fund to the Park Projects Fund and authorize the design of the three eco-tourism nature parks. C. Request approval of Resolution No. 2018-61, Local Agency Program (LAP) Agreement for transportation improvements at the intersection of Tivoli Dr. and Providence Blvd. and Tivoli Dr. and Saxon Blvd. - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Fiscal Issues - Transportation CIP. Approved by Consent Agenda - to approve Resolution No. 2018-61 and direct the City Manager to execute the LAP agreement for the improvements to the intersections of Tivoli Dr. and Providence Blvd. and Tivoli Dr. and Saxon Blvd. D. Request for Conditional Approval of Interlocal Agreement with Volusia County Sheriff’s Office for provision of Law Enforcement services for October 1, 2018 through September 30, 2019 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Mayor Masiarczyk opened the public comments. Elbert Bryan, 2357 Dana Drive, Deltona, stated when exercising a vote there should be no hint of bias at all on the Commission. As sitting Commissioners there is a Commissioner, City of Deltona Page 5 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Vice Mayor, that has been endorsed by the Volusia County Sheriff's Office (VCSO) and he believes by voting on this budget item it is a conflict of interest so she should recuse herself from the vote. Mayor Masiarczyk closed the public comments. Vice Mayor Herzberg asked for legal clarification as to whether she needs to recuse herself from the vote and the City Attorney replied Vice Mayor has no legal requirement to recuse herself from the vote. Motion by Commissioner Nabicht, seconded by Commissioner Ramos, to approve Consent Agenda Item 8-D. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2018-54, Adopting the Tentative Millage Rate for the levy of ad valorem taxes for FY 2018/2019 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Masiarczyk stated this is a public hearing to hear Resolution No. 2018-54 adopting a tentative millage rate for the levy of ad valorem taxes for fiscal year 2018/2019. This hearing is to consider comments and answer questions regarding the City’s tentative millage rate and proposed annual budget for the coming fiscal year 2018/2019. The City of Deltona hereby proposes a tentative millage rate of 7.85 mills. The tentative millage rate reflects an 11.1% increase from the rolled-back rate of 7.0654 mills. The justification for the increase in the tentative millage rate is higher than the rolled-back rate of 7.0654 in order to cover increased operating costs. The floor is now open to hear public comments and to take any questions from the public. Mayor Masiarczyk closed the public hearing as there were no comments. Motion by Commissioner Honaker, seconded by Commissioner Nabicht, to approve Resolution No. 2018-54 adopting a tentative millage rate of 7.8500 mills for the levy of ad valorem taxes for FY 2018/2019. Mayor Masiarczyk read the title of Resolution No. 2018-54 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A TENTATIVE MILLAGE RATE FOR THE 2018-2019 FISCAL YEAR; COMPARING TENTATIVE MILLAGE RATE WITH THE ROLLED-BACK RATE; City of Deltona Page 6 Printed on 9/12/2018 City Commission Minutes September 5, 2018 ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO ADOPT A FINAL MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-54 was adopted at 7:06 p.m. B. Public Hearing - Resolution No. 2018-55, Adopting the tentative annual budget for FY 2018/2019 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Masiarczyk stated the City of Deltona has adopted a tentative millage rate of 7.85 mills for fiscal year 2018/2019. The tentative millage rate reflects an 11.1% increase from the rolled-back rate of 7.0654 mills. Mayor Masiarczyk stated the proposed annual budget is summarized as follows: General Fund - $61,930,132; Special Revenue Funds - $43,171,158; Enterprise Fund - $58,870,857; Capital Project Funds - $7,106,361; and total City-wide Budget - $171,078,508. The floor is now open to hear public comments and to take any questions from the public. Greg Akin, Volusia County Schools Chief Operating Officer, 3750 Olson Drive, Daytona Beach, spoke about requesting assistance with the School Guardians Program in the form of a 70/30 cost share, the guardians were mandated and underfunded, Deltona having 15 schools of which five are funded by school board funds for resource officers and all 9 of the elementary schools will have guardians, and he requested to consider the 70/30 cost share which equates to Deltona paying $103,968.90 to offset the cost of the unfunded mandate. Mayor Masiarczyk asked why some cities do not have to pay anything like Lake Helen and DeBary and Mr. Akin replied cities are coming forward with support like New Smyrna, Holly Hill and Orange City and all cities to his knowledge were requested the same way Deltona was. Commissioner Honaker asked Mr. Akin to explain what the guardians will do and Mr. Akin replied build relationships with families, security checks and be visible to students for assistance. Commissioner Honaker stated the guardians also establish a relationship with the kids and families to help identify kids that might be hungry or do not have a home and get them the help they need. Commissioner Nabicht asked if the school board has reserves and Mr. Akin replied yes, a portion of cities' and municipalities' taxes are directed toward public protection and the school board is directed toward public education. The school board did received $2 million City of Deltona Page 7 Printed on 9/12/2018 City Commission Minutes September 5, 2018 from Tallahassee which also covers charter schools, but the program is still short by $4 million and it is a one-time request for the 70/30 cost share. Commissioner Nabicht asked what the contingency plan is moving forward if the program is not funded next year and Mr. Akin replied the legislature is looking at it right now, the school board has petitioned to have the VCSO fund the program 100%, but only time will tell and the school board has looked at its budget to work through all these issues. Mayor Masiarczyk asked the reason why the school board did not raise their ad valorem rate countywide to share in the cost of the program and Mr. Akin replied several years ago the ad valorem rate was reduced as to what it could be raised to and it is at the highest rate possible currently. The District Cost Differential (DCD) really hurts the school board because every dime put in 3.5% of that goes to another district and the school board loses over $11 million a year just on taxes that are collected. So again, the school board is at the maximum of what it can levy. Vice Mayor Herzberg asked if the county is providing for those schools in unincorporated Volusia County for example Osteen Elementary School and Mr. Akin replied they too were asked to do a 70/30 cost share and it was covered in the school board's contract earlier in their budget. Commissioner Ramos asked where the additional request for funding stands as it relates to Tallahassee and Mayor Masiarczyk replied that is the problem and the City needs to pay it. He stated he wants a letter from the school board verifying this is a one-time request and the justification for why the school board did not raise their ad valorem rate. Motion by Commissioner Honaker, seconded by Commissioner McFall, to set aside $104,000 for the School Guardian Program until the City receives a letter from the school board stating it is a one time reqiest, one year. The motion carried by the following vote: For: 5 - Commissioner Honaker, Commissioner McFall, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Against: 1 - Commissioner Nabicht Mayor Masiarczyk continued with the public hearing. Liz Kammer, 2001 Yellowfin Drive, Port Orange, spoke about her perspective of the YMCA (Young Men's Christian Association) and she is boots on the ground, to think about YMCA when considering the budget and all those residents that use the Deltona facility, the number of seniors who visit the facility for free coffee, the YMCA being children's consistency in their lives, some Commissioners who have never entered a YMCA and she encouraged them to do so, Deltona being a summer food service site, the great things the YMCA does in the community and to remember the YMCA when approving the budget. City of Deltona Page 8 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Commissioner Honaker asked what the negative was for this year and if the YMCA has done a business plan to determine how it will support itself in the future. Ms. Kammer replied the YMCA will probably end the year with a $100,000 loss and the YMCA cannot continue to operate the way it is. July the YMCA implemented a new tiered membership program to be more competitive, but remember the YMCA is not just a gym. Commissioner McFall asked to confirm that the YMCA gave scholarships to Deltona kids in the amount of $109,000 and Ms. Kammer replied it came from financial assistance that the YMCA provided in 2007 for people who utilized the Wolf Pack Run facility and 77% of the YMCA's membership has a zip code in Deltona. Commissioner Nabicht asked what happened to the funds raised to build the facility in DeBary or the money taken out in loans to refinance the facilities throughout the county or what has happened to change the administrative practices by the board and where are the expenditure spreadsheets that he requested. Ms. Kammer replied the YMCA provided the budget and the last five year look which included revenues and expenditures which was provided to the City Manager. Commissioner Honaker asked about the new business plan to help improve income and membership, does that include the pool and Ms. Kammer replied it does. Vice Mayor Herzberg asked which other cities that support the YMCAs either own the property, which entity gives the YMCA public money aside from Community Development Block Grant (CDBG) funds does not own the property and Ms. Kammer replied none. Vice Mayor Herzberg asked if there was a mortgage on the Deltona YMCA property and Ms. Kammer replied yes and the Port Orange facility is leased. Vice Mayor Herzberg asked who provides summer food service and Ms. Kammer replied the county and the YMCA distributes it., but the YMCA does cover the cost of the staff. The YMCA pays for food for the after school program which is not included in the charges for after school care. Commissioner Ramos asked why the YMCA did not apply for CDBG funds and Ms. Kammer replied the YMCA has applied in the past, but has been denied. In 2001 the YMCA received CDBG funds for $1,000, but with regards to the five criteria the CDBG was looking for the YMCA did not feel it fit into that criteria so she did not apply this last year. Commissioner Ramos asked when was the last time the YMCA applied for CDBG funds and Ms. Kammer replied 2016 and was denied. Mayor Masiarczyk continued with the public hearing. Kent Bailey, YMCA Chief Volunteer Officer, 6 Rue Renoir, Palm Coast, spoke about managing all six YMCAs, constantly looking at different business methods, that twice as City of Deltona Page 9 Printed on 9/12/2018 City Commission Minutes September 5, 2018 many scholarships are given out in Deltona and there is a cost associated with that, after the recession the YMCA took a hit which affects the business model, he is chairman of the board, YMCA is here for the community and where the community goes for peace, the YMCA also depends on the community, the board having some tough decision to make regarding the Deltona location, and he requested funding to allow programs and other things to continue as well as a dialog to see what other things the YMCA can do for the City. David Sosa, Sosa Martial Arts, 2820 Doyle Road, Deltona, spoke about owning a karate business in the City for the past 13 years, spent his personal money to keep the business going, the YMCA's needs and using tax payer dollars to fund the YMCA who has been in the red for 10 years, he does not consider the YMCA a competitor even though he offers some of the same programs, for the City to give the YMCA money he would have to work harder at his business because it is a competitor, and the YMCA either needs new operating procedures regarding new management or a new business plan. After discussion, the Commission concurred the business plan needs to be more detailed, the Commission is open to try and keep health and safety programs going, but not willing to support the YMCA at this time. Mayor Masiarczyk closed the public hearing. Mayor Masiarczyk called for a recess at 8:11 p.m. and reconvened at 8:17 p.m. City Manager Shang directed the Commission to Tab 1, Page 1, Budget At-A-Glance, and she ran through the changes made based on Commission comment. The first item that has been deleted from the budget is Lyonia Amphitheatre support for $50,000, she did provide the Commission with a fee schedule and on average it may cost $500-$1,000 per event. Commissioner Nabicht requested to budget $15,000 for the use of the Amphitheatre which will allow the City to do one event a month. Mayor Masiarczyk asked where the funds are coming from as proposed and City Manager Shang replied there is no budget for it. Commissioner Honaker asked how many events does the City hold each year at the Amphitheatre and City Manager Shang replied six. Vice Mayor Herzberg asked if the cost was only for the venue rental and not the performers. City Manager Shang asked if the funding was in the P&R Department's budget for the performers and P&R Director Ryan Reckley replied yes. Vice Mayor Herzberg asked if this affects the Lyonia Preserve and City Manager Shang replied she has not received a guarantee from the county. After discussion, the Commission concurred to the reduction to the budget by $50,000, but to increase the budget by $15,000 for possible rental of the Amphitheatre. City of Deltona Page 10 Printed on 9/12/2018 City Commission Minutes September 5, 2018 City Manager Shang stated the next item is Team Volusia's contribution of $25,000, but that amount is insufficient and Team Volusia is requesting the full amount of $45,000. She recommends to include the additional $20,000 for Team Volusia because they were very instrumental with Deltona Village, Economic Development Manager Jerry Mayes has also expressed the need to partnership with them because they provide a lot of services and marketing software. After discussion, the Commission concurred to increase the budget for Team Volusia by $20,000 to bring the total back to $45,000. City Manager Shang stated the next three items are for information only. There was consensus to allocate $500,000 for additional parking at The Center, to allocate $400,000 for Deltona Water to provide reclaimed water to Saxon Ridge, and to allocate $100,000 for signage at The Center. After discussion, the Commission concurred to set aside the funds in the budget for signage at The Center until there is a mutually agreed upon agreement with the City and Mr. Cavallaro. City Manager Shang stated the next section is for consideration and discussion and is highlighted in blue. With regards to storage fees, the City does not currently pay anything for storage and staff is utilizing the City's own facilities such as City Hall and the craft building at Lake Monroe. However, the City will need to address storage in the future. Commissioner Nabicht asked who the requesting department for the storage facility was and City Manager Shang replied several departments. Commissioner Nabicht asked if staff was now saying there is no need for storage at this time and City Manager Shang replied with the use of the craft building and the fact that cameras have been installed, it can wait until mid-year. After discussion, the Commission concurred to pull the funds for a storage building from the budget. Mayor Masiarczyk stated the next item is signage at Station 61. After discussion, the Commission concurred to include $70,000 in the budget to convert the original sign at Fire Station 61 to electronic. City Manager Shang stated Mr. Cavallaro has made an inquiry to the City to see if there is any interest in purchasing Lot 6 which is adjacent to The Center, it is one acre, and the proposed cost is $250,000. If there is interest she would ask that the City do an appraisal and an environmental assessment. Commissioner Nabicht requested that the Commission reconsider the funds budgeted for City of Deltona Page 11 Printed on 9/12/2018 City Commission Minutes September 5, 2018 the Exploratorium and unfund it in the budget. It is not a wise and adequate use of the property, he does support the concept, but that is not the right location. He would like to keep it in Strategic Plan with an unspecified location and there needs to be a great deal of discussion to move the project forward. Possibly a better location would be by the Thornby property to help draw ecotourism and to draw people to that area. Also, that staff stop working on the ECHO Grant for the Exploratorium, put it on hold, take the funds out of budget and leave the project in the Strategic Plan with a location to be determined. Commissioner Honaker suggested workshopping the Exploratorium to discuss other locations because he does not want it just placed in the Strategic Plan and be forgotten. Vice Mayor Herzberg asked what the purpose of purchasing Lot 6 would be and City Manager Shang replied it is as a precaution so the City would have the land for in the event The Center needs additional parking. Vice Mayor Herzberg asked if the City is going to need extra parking if the City spends the $2.8 million to build out the remaining area at The Center. After discussion, the Commission concurred there is no interest in purchasing Lot 6 from Mr. Cavallaro. Mayor Masiarczyk stated the City has been asked by University High School to support their School of Government in the amount of $2,500. After discussion, the Commission concurred to not move forward with support for University High School's School of Government. Mayor Masiarczyk stated the next item is closed captioning, amount to be determined. There is a movement afoot in some areas of the State and the nation to require television stations to provide closed captioning. Closed captioning is very expensive, there is a figure and staff is looking at it. This may become a mandated thing the City will have to do because of the television station which the City does not want to shut down. Spectrum corporate offices will not tell the City how many people receive cablevision, but the City could do its own survey at some date. He stated he would like to know how many people have Spectrum and watch it and how many people would it affect. Since the City may be required to do it anyway his recommendation is to have staff follow it, but do not expend any money until there is movement from the State, Federal Communications Commission (FCC) or Federal Government. Commissioner Nabicht asked what amount the City would be looking at and City Manager Shang replied it varies depending on if the event is live captioned or after the fact. Commissioner Nabicht requested dedicating some amount of money to closed captioning because it is going to need to be done and in the event of a lawsuit the City can show that money is budgeted for it. He suggested putting something in the budget to show good faith City of Deltona Page 12 Printed on 9/12/2018 City Commission Minutes September 5, 2018 of about $20,000 so staff has a number to start working with. Vice Mayor Herzberg asked if the City Manager had any idea of an amount and City Manager Shang replied this is very preliminary, but from $35,000 - $75,000 depending on what the Commission wants and staff needs to see what other vendors provide. Mayor Masiarczyk suggested not putting any money aside and let staff come back to the Commission if there has been action by the legislature. After discussion, the Commission concurred to have staff continue to look at closed captioning options and notify the Commission if the legislature takes any action. Mayor Masiarczyk stated the next item is the natural disaster fund and he asked what is in reserves currently. City Manager Shang replied it is back up to $6 million, however, the City has not received reimbursements for the costs from FEMA (Federal Emergency Management Agency). She stated there are costs that the City has not received invoices for. Mayor Masiarczyk suggested move whatever is needed to keep $6 million in reserves. Commissioner Honaker asked what the average the City has spent on hurricanes is and how much is due back to the City from FEMA. Finance Director Camille Hooper replied the City has received $1.7 for Hurricane Matthew and most of Matthew is done. For Hurricane Irma the City has received only a few thousand dollars and spent about $2.5 million with more expenses expected. FEMA requests are not one document and are ongoing, but the City would receive about 75-90% of the costs depending on the storm type and the type of damages. Commissioner Honaker requested taking $4 million from the unencumbered revenue and put it in the disaster reserve fund to bring it to $10 million. Mayor Masiarczyk asked what was the idea of 50% of the surplus for the disaster fund, 50% of what number and City Manager Shang replied $1.1 million. After discussion, the Commission concurred to put 50% of the anticipated $1.1 million surplus into the disaster reserve fund. Commissioner Honaker requested going up to $10 million on the hurricane disaster fund by adding another $3.5 million to the disaster reserve fund. City Manager Shang clarified that the $1.1 million is the surplus from the operating budget and the Commission has added $15,000 for the Amphitheatre and $20,000 for Team Volusia which will bring down that $1.1 million a little. Also, staff does not know if the revenues and expenditures are going to come in online and you never budget to the penny. At the high point it would be half of the $1.1 million, but she believes the intent was that as the fiscal year evolves and staff was seeing it would not need the extra funds to at least put City of Deltona Page 13 Printed on 9/12/2018 City Commission Minutes September 5, 2018 50% of the excess funds which at the maximum it could be $1.1 million, but it could be less than that if the revenues do not come in as projected. Mayor Masiarczyk suggested moving funds to bring the disaster funds up to $10 million. Commissioner Nabicht asked how much is in the budget for the Exploratorium and City Manager Shang replied $444,000. Commissioner Nabicht suggested to come up with an annual index for inflation that is applied to the disaster reserve fund. After discussion, the Commission concurred to let the 50% remain in the general fund, increase the disaster fund in this budget year to $8 million to maintain and next year to come up with an annual index for inflation that is applied to the disaster reserve fund. City Manager Shang requested clarification regarding the Exploratorium. Mayor Masiarczyk asked if the Commission agreed to withdraw the money from the budget and to have a citywide open discussion with residents about if the project specifically regarding location. Vice Mayor Herzberg clarified that the money was a grant match and there is nothing to remove because the funds will remain in the grant match fund. City Manager Shang replied yes, but the allocation is removed and grant match funds are increased. Vice Mayor Herzberg requested to schedule a workshop to discuss the Exploratorium and Mayor Masiarczyk suggested having an open meeting with the public. After discussion, the Commission concurred to remove the allocation of the grant match funds for the Exploratorium and to schedule an open meeting with the public to discuss location and community interest. Commissioner Nabicht stated for future budget discussions, last year Chief Snyder asked for nine additional personnel and the Commission agreed to do three last year, three this year and three the next year. This year Chief Snyder requested additional administrative staff and so the three firefighters for this year were deferred for the two administrative positions. There is still a need for the firefighters, but as the City moves forward in the next budget cycle the City is pushing those six firefighters down the road and may be able to look at them next year. In addition to that the Fire Chief Snyder talked about a training facility. He suggested to consider the six firefighters next year and to make a concerted effort to try and secure property from Daytona State College (DSC) and lease 10 acres for $1 a year for 100 years. City Manager Shang reminded the Commission that staff has had dialog with DSC about City of Deltona Page 14 Printed on 9/12/2018 City Commission Minutes September 5, 2018 10 acres for ballfields and gymnasium and Mayor Masiarczyk suggested to ask for 20 acres. After discussion, the Commission concurred to work with DSC to secure property to move the ballfields forward (10 acres), to secure property for a training facility (10 acres) so that the Fire Chief's staff can work on planning for the following budget year for the improvements that will be needed on the property and that the property be leased for $1 a year for 100 years. Mayor Masiarczyk read the title of Resolution No. 2018-55 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A TENTATIVE BUDGET FOR THE 2018-2019 FISCAL YEAR; ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO ADOPT A FINAL BUDGET; PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Honaker, seconded by Vice Mayor Herzberg, to approve Resolution No. 2018-55 adopting the tentative budget for FY 2018/2019, as amended. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Mayor Masiarczyk stated the City Commission has adopted a final tentative budget showing combined sources and uses of $171,078,508. Resolution No. 2018-55 was adopted at 9:21 p.m. C. Public Hearing - Resolution No. 2018-48, Granting Conditional Use approval for a house of worship at 2005 and 2025 Wiggley Farms Road - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Mayor Masiarczyk stated he asked P&D Services Assistant Director Ron Paradise two questions which he will share with the Commission. He stated the applicant is going to be adjoining the two lots and there was some language that stated "half of this and half of that" and staff figured out what that meant. Commissioner Nabicht asked where this is in the process and Mr. Paradise replied there is a very preliminary site plan that depicts a 4,700 square foot (Sq. Ft.) house of worship, 133 seats. This is on a three acre total property consisting of two parcels. Even though it is addressed off Wiggley Farms Road which is a private easement this property features 450 linear feet of frontage on Elkcam Blvd. a City thoroughfare which would obviously serve as access for any house of worship type use. What the Mayor referred to is that staff has to adjust the legal description as it appears in the resolution, a housekeeping measure, and City of Deltona Page 15 Printed on 9/12/2018 City Commission Minutes September 5, 2018 the applicant does comply with the requirements of the Code of Ordinances, Chapter 110.817. He reminded the Commission the site plans are important especially when it comes to these conditional types of uses, but this is kind of a policy matter, is a house of worship appropriate here. Mayor Masiarczyk suggested to consider changing the address and entrance to Elkcam Blvd. instead of Wiggley Farms Road because it is harder to do after the fact. Commissioner Nabicht asked if the City has water and sewer available to that location and if the Fire Marshal had looked at the property. Mr. Paradise replied yes it has water and sewer available, but no the Fire Marshal has not looked at the property. Commissioner Nabicht asked if the project triggers a Traffic Impact Analysis (TIA) and Mr. Paradise replied no, it will only generate about 170 trips. Motion by Commissioner Honaker, to approve Resolution No. 2018-48 granting a Conditional Use request for a house of worship at 2005 and 2025 Wiggley Farms Road. Motion died for lack of a second. Mayor Masiarczyk opened the public hearing. Glenn Rogers, 1895 E. Graves Avenue, Deltona, spoke about what the procedure was when nobody seconds a motion, being in favor of the church and had submitted a letter of support, a church needing a home, the church being part of his organizations, being good neighbors and good for the community. James Senatore, Leesburg, spoke about being an architect, noticing all the church members who attended, the church being a good addition to the community, the church not being on Wiggley Farms Road and the entrance being on Elkcam Blvd., that there is no access on Wiggley Farms Road to the church, that the Fire Department has done a preliminary review of the site plan, the building is 211 feet from Wiggley Farms Road to the side of the church building, the entrance is 365 feet away from Wiggle Farms Road and 217 feet away from Van Orman Drive, there is thick brush and leaves that will be left in its natural condition, being allowed to build up to 35% of the property, but only building up to about 3.4% of the property, trying to make something similar to the neighborhood, Department of Transportation (DOT) had 12,798 trips per day and 12,100 trips per day, but only having 45 trips twice a week at the most, site plans not being circulated, and with regards to concerns with the parking lot it will be lit with LED lights. Mel Himes, 2141 Wiggley Farms Road, Deltona, spoke about living here since 1974, serving on the Municipal Services District (MSD) Board and the original committee that started Deltona, owning 30 acres where the wiggle worms were actually sold, as a resident he does not have any objection to the church and would rather that than a commercial type City of Deltona Page 16 Printed on 9/12/2018 City Commission Minutes September 5, 2018 business, understanding what the community has been, Wiggley Farms Road is a private road with no outlet for traffic and he does not think the church will bring a lot of traffic, having an international Spanish speaking church will bring a good moral fiber into that community, and that churches go to residential areas not commercial. Bill Abel, 2155 Van Orman Drive, Deltona, spoke about being against the church location and he would rather see a house there, not wanting the entrance to his street to turn out like Elkcam Blvd. in front of Trinity Christian Academy, even though there is an easement it is an easement for two parcels, there being a lot of accidents at the end of his street, if approved have the church use Wiggley Farms Road which they have a right to access, the resident's view from across the street, being opposed to the location, he questioned how many people live near a church and if it were to pass is there a formal style hearing. Mayor Masiarczyk replied yes, this is the first step. Susan Pilcher, 2159 Van Orman Drive, Deltona, spoke about living right next to the previous speaker, being disappointed because it sounds like the Commission has already made up their minds without public input, the sugar coating of the problem the church will create, it being a mixed used lake front residential community, sellers willing to negotiate selling their property and she urged the Commission not to approve the item. Larry Chenoweth, 266 Adelaide Street, Debary, spoke about the property being in his family's name for a long time and making the first sale to the Mackle Brothers many years ago, he understands the privacy issue, the property being zoned RE -1, to look at the staff report which addresses a lot of the concerns, there could be a lot of other businesses that could go on this property, weighing the pros and cons and giving careful thought to the benefit of the community. Terry Zaudtke, 2065 Wiggley Farms Road, Deltona, spoke about objecting to the use of the property for a church, he likes being on his street because of the notoriety, the area was largely low density residential and there being no buffer between residences, his road being a private road and had to get releases from residents to even have the City pick up debris from the hurricanes, and he would like to see the private easement turned into something more permanent where releases are not required. He asked if the conditional use is granted is it only granted for the church and Mayor Masiarczyk replied exactly for what is being presented now. He asked if it would be granted only for what is being shown currently and Mayor Masiarczyk replied that would come up later, but during the planning and developing stages is where restrictions can be put on future growth. Brandy White, 2659 Chalmer Street, Deltona, spoke about being neither for or against the project, this not being a rezoning, but a conditional use, and she asked if the conditional City of Deltona Page 17 Printed on 9/12/2018 City Commission Minutes September 5, 2018 does or does not get approved it stays residential zoning or at some point does it get rezoned. Mayor Masiarczyk replied it is residential property that stays residential, but the applicant gets permission to build a church. The City Attorney replied it is like an overlay so if at some point someone wants to do something else, some type of commercial use, they would have to come in and rezone the property. Ms. White asked why the conditional use would come before all the other plans and the City Attorney replied there is a condition on this that they only have 12 months to build the church. Ms. White asked with this they can move forward and Mayor Masiarczyk replied the conditional use is for them to build a church and not to sell the property to someone else. The City Attorney explained that the reason the conditional use goes first is because typically someone would not want to consider investing money in moving forward unless they get the conditional use. Once the applicant is granted the conditional use then they can work on finalizing their plans and going through development review which ultimately results in the permits. Bonni Asby, 2075 Wiggley Farms Road, Deltona, spoke about being proud to live on her road, being against the church building on a dirt road and having an ingress /egress paved, the three acres being on Dupont Lake which has come up to the property, the site is a church and a lot of parking, the drainage from the parking lot will go right into Dupont Lake, this section of road not having any commercial development on it and it will open the doors to other commercial entities, the project would destroy the area, the road not even being 30 feet wide, that she does not have sewer or City water, the area being zoned for working farms and a church being a commercial business. Rosemary Fansher, 2080 Wiggle Farms Road, Deltona, spoke about in 1982 her father in-law bought the land for her to live there and to provide a legacy for his family, her father in-law who was a veterinarian, all the wildlife in the area, the noise this will bring to the community, having nothing against churches, the reasons residents moved to that area in the first place, and she hopes the church would find a more suitable area. Elbert Bryan, Deltona, spoke about traffic on the weekends the church would cause, there already being several accidents in that area, the church receiving sewer and water and who would pay any additional cost for hooking up to the City's utilities. Mayor Masiarczyk replied the developer would pay those costs. Jill Adcook, 2131 Wiggley Farms Road, Deltona, spoke about owning property adjacent to the proposed church and opposes the project, the wildlife in the area, that he knew the properties would eventually be sold, but never expected a commercial entity to be built there, his concerns about the noise and traffic, crime mapping, gang graffiti, mitigating the crime that will come because of the project, that the church will change the character of the road, not understanding why the church cannot find another location, accidents on Elkcam City of Deltona Page 18 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Blvd. and urging the Commission to vote against the project. Mayor Masiarczyk closed the public hearing. Commissioner Nabicht asked when staff makes a determination whether the proposed project will make a public hazard or nuisance or danger or staff makes the determination of will the proposed project alter the character of the surrounding neighborhood or adversely affect the values of the surrounding land structures or other buildings, is there a matrix or is it subjective. Mr. Paradise replied there are criteria that are measureable and he listed them. Commissioner Nabicht also asked what is the proposed number of parking places and Mr. Paradise replied 48. Commissioner Nabicht stated what is being proposed is not what the future holds for this location, he disagrees with staff's conclusion that the property would not or will not create a hazard because he does not agree with the traffic analysis in terms of the in and out and he disagrees with the entrance being on Elkcam Blvd. The project would materially change the character of the surrounding neighborhood by having to pave Wiggley Farms Road and bringing the traffic onto Wiggley Farms Road as a safety issue. The Commission with regards to conditional uses has to approve it because it meets the requirements or has to find reason to deny it within the framework of certain aspects and he has provided two reasons for denial. Mayor Masiarczyk asked what control tonight does the residents have if this is approved, is there another public hearing on this project and Mr. Paradise replied there is public hearing in front of the City's Development Review Committee (DRC) and there is an appeal process where somebody could appeal the decision of the DRC to the Commission. Keep in mind this is a conditional use and the Commission has the opportunity here and now to develop conditions that could be placed on the development of the property. Mayor Masiarczyk asked if the proposed project was for a church only and if the Commission could limit the size of the building or would that be done in the development review phase. Mr. Paradise replied yes, this is for a church only and the Commission could limit the size of the building or the use. The City Attorney stated basically the item was advertised for conditional use, not zoning, and the Commission tonight can only say "yes" or "no." However, the Commission can put some conditions, but the Commission needs to be real careful with conditions. Churches typically do have some kind of daycare with regards to operation and churches can have rummage sales so the Commission cannot say it is okay to be a church and then strip away what a churches typically do and if so she suggested not approving the conditional use. The Commission cannot do planning at the dais, there is a complicated process that takes place after the conditional use and City of Deltona Page 19 Printed on 9/12/2018 City Commission Minutes September 5, 2018 someone can appeal the decision by DRC which will go before the Commission. The church needs to also understand that until it goes through the whole process the City cannot guarantee what the applicant has either. Vice Mayor Herzberg confirmed that the Commission has to decide yes or no to approve the church and Mayor Masiarczyk replied right. She stated the Planning & Zoning Board voted 3 to 3 and Mr. Paradise replied yes, it failed as one member was not present. She asked if the applicant had already purchased the property and the developer replied no . She stated her concerns are the turn lane on Elkcam Blvd., is there going to be a gopher tortoise study done, and the additional traffic on Elkcam Blvd. She asked what guarantee does the Commission have that there is a proper buffer on all four sides of the property and who makes those decisions. Mr. Paradise replied according to code if this is approved by the Commission they will have to set back 50 feet from the property boundaries with any primary and secondary buildings. Furthermore the landscape code which would be implemented during the land development review process would require a 25 foot buffer along Elkcam Blvd. section of the property and probably anywhere from a 10 to 20 foot buffers from the side and rear depending on the intensity. Motion by Commissioner Nabicht, seconded by Vice Mayor Herzberg, to deny the request for granting the conditional use for Resolution No. 2018-48 based upon the following facts, it is his opinion that it will create a dangerous or hazardous condition with the traffic on Elkcam, it will change the character of the surrounding neighborhood and it may affect the natural environment, natural resources or scenic beauty in that neighborhood. The motion failed by the following vote: For: 2 - Commissioner Nabicht, and Vice Mayor Herzberg Against: 4 - Commissioner Honaker, Commissioner McFall, Commissioner Ramos, and Mayor Masiarczyk Motion by Commissioner Honaker, seconded by Commissioner McFall, to approve Resolution No. 2018-48 granting a Conditional Use request for a house of worship at 2005 and 2025 Wiggley Farms Road. Mayor Masiarczyk suggested an amendment to the motion, by changing the language in Section 5 of the Resolution where it states "24 month" to "12 months." He stated the reason is because the church needs to make a good faith effort to do something to move the project forward and 24 months is too long for the residents to not know what is going into their neighborhood. Mr. Paradise clarified that the code requires a supermajority vote of 5 to 2 is needed to approve the conditional use. City of Deltona Page 20 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Amended motion by Commissioner Honaker, seconded by Commissioner McFall, to approve Resolution No. 2018-48 granting a Conditional Use request for a house of worship at 2005 and 2025 Wiggley Farms Road and to change the language in Section 5 of the Resolution where it states "24 month" to "12 months." The motion failed by the following vote: For: 4 - Commissioner Honaker, Commissioner McFall, Commissioner Ramos, and Mayor Masiarczyk Against: 2 - Commissioner Nabicht, and Vice Mayor Herzberg Resolution No. 2018-48 failed at 10:39 p.m. Mayor Masiarczyk took a recess at 10:39 p.m. and reconvened at 10:47 p.m. D. Public Hearing - Resolution No. 2018-49, Granting Conditional Use approval for a house of worship at 2745 Lake Helen Osteen Road - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and External Communications - solicit partnerships Mr. Paradise stated the initial staff recommendation was for a 24 month period, but to better bench mark the project a 12 month period would be better and staff is also asking that the Commission explicitly direct staff not to issue another extension which is an allowance under the code, unless there is measureable progress to include permits pulled, site plan approval and actual physical work out in the field. There is a statement in the agenda packet from the contractor indicating that it is possible with the financing of $500,000 which the applicant has received to finish the project. Mayor Masiarczyk asked if the City offered to purchase the property at one time and Mr. Paradise replied yes. Mayor Masiarczyk stated the problem he has is the project has been there for 13 years and he has nothing but a letter of commitment which he has had repeatedly so he is not confident that the project will be completed. He asked if there are any added assurances that in one year the building will be completed. Commissioner Nabicht asked what the Building Official and Fire have said in terms of being able or not able to meet the current code for building purposes and Mr. Paradise replied he did not know, there is a lot of finish work that needs to be done inside the building, but there are also a lot of outstanding site plan issues. Mayor Masiarczyk asked what about water and sewer and Mr. Paradise replied water is there and there will be an onsite septic tank. Vice Mayor Herzberg asked if the Commission denies the conditional use or gives a time frame of 12 months and it is not completed in the 12 months what happens or what is the City of Deltona Page 21 Printed on 9/12/2018 City Commission Minutes September 5, 2018 process if this does not work. The City Attorney replied basically if there is a condition put on the conditional use and the condition is not fullfilled there is the option of extending or denying it, it ends. Glen Canfield, General Contractor for the church, 153 South Timbercreek Road, Ormond Beach, stated that as far as reassurances the job will be done, GC Contractor Services does hotel/motel renovations and concrete restoration. The Hard Rock Hotel in Daytona and the Courtyard by Marriott in DeLand are examples of their work and over the last three years the company has done over $30 million worth of work. GC Contractor Services is capable of doing the job and with regards to meeting new codes he is installing a new sprinkler system which is required where the building permit lapsed, he had the site permit, but could not do any work on the site until he acquired the building permit which stopped the work. Then the site permit either expired or is getting ready to expire so he resubmitted the plans for the site and now the City is requiring an additional 4,000 Sq. Ft., sidewalk and lighting to name a few that the engineer is working on. Currently where he is at is he needs the permits in place, the power is all worked out to the building, there are nine permits, but what is happening is once he receives one permit then a couple of the other permits expire. Mayor Masiarczyk asked if anything could be done on the property right now and Mr. Canfield replied no, he cannot do anything right now. Mayor Masiarczyk provided clarification to Mr. Canfield that by the Commission approving the conditional use it does not allow him to build what was previously planned and only allows him then to go through the development review process again by staff going out to the site and explaining what has to be done there now. Mayor Masiarczyk asked Mr. Canfield if the $500,000 will provide a finished project and business can take place. Mr. Canfield replied the project has been going on for 13 years, but he has only been involved over the past two or three years. Pastor Kelly Santos, 2025 Dalton Avenue, Deltona, stated she has only had the building for four years and she understands it has been sitting there for much longer. She had to request from the conference an extra amount of money to complete it due to the electrical costs which she provided a cost of $80,000 and later she was told it would be $41,000 which is what is being worked on it right now. Then it was originally approved without the sprinkler system because it would only seat 250 people and then it was changed so that it needed a sprinkler system. There having been several things holding back completion, the money was loaned to her to finish the project with the contractor agreeing to the amount of money. She understands she has to get other permits, but she is working ahead with the development. Mayor Masiarczyk asked if Pastor Santos understood the new rules that will take place and all these things have to happen and Pastor Santos replied yes. Commissioner Nabicht requested to encourage the City Manager to direct Assistant City Manager Marc-Antonie Cooper to take the lead on this and pull all the permitting departments within the City together to coordinate that effort because he is intimately involved with this building and he knows that there is City of Deltona Page 22 Printed on 9/12/2018 City Commission Minutes September 5, 2018 value if there is a point person within the City that everyone can go to. There was no objection from the Commission. Motion by Commissioner Honaker, seconded by Commissioner Nabicht, to approve Resolution No. 2018-45 granting a Conditional Use request for a house of worship at 2745 Lake Helen Osteen Road for a period of 12 months and staff will not approve any administrative extensions unless a site plan has been aproved, building permits issued and continuous work on the project is demonstrated. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Mayor Masiarczyk read the title of Resolution No. 2018-49 for the record. A RESOLUTION OF CITY OF DELTONA, FLORIDA; GRANTING A CONDITIONAL USE TO PERMIT A HOUSE OF WORSHIP WITHIN AN RE-1, RESIDENTIAL ESTATE ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2745 LAKE HELEN-OSTEEN ROAD, WITHIN THE CITY OF DELTONA; PROVIDING CONDITIONS, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-49 was adopted at 11:07 p.m. 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: City Manager Shang stated the theme for the holiday parade is "A Heroes' Christmas" which will be held Saturday, December 15th at 6:00 p.m. on Deltona Blvd. The City has worked out an arrangement with Florida Power and Light (FPL) to replace streetlights, work will start the first week in October and 100 lights a week will be replaced. The work will start on the main roads such as Courtland, Providence, Fort Smith, Elkcam, Howland, Deltona, Saxon and Normandy Blvds. Also, Monday's workshop will be an Executive Session to discuss union negotiations with the collective bargaining agreement for the Fire City of Deltona Page 23 Printed on 9/12/2018 City Commission Minutes September 5, 2018 Department. Mayor Masiarczyk explained the Executive Session process. 14. CITY COMMISSION COMMENTS: Mayor Masiarczyk stated the City is getting a request which last year he paid out of his pocket. There is a STEM (science, technology, engineering, and mathematics) Program run by the School Board that is a countywide program and cities are asked to donate $100. Last year after he sent the $100 he never heard anything from the organization and they are asking for another $100 this year. The City can use the same questions it did last year and if anyone wants to donate money, maybe the six Commissioners can come up with the $100. Mayor Masiarczyk asked if the Commission was interested in donating $100 to the STEM Program and there was none. Mayor Masiarczyk stated he spoke with Pastor Bradley who went out of his way to have a meeting with the residents and the sheet from that meeting that was submitted was a collection of all the comments from those at the meeting and there were no real questions. He and Pastor Bradley discussed the sheet at length and with elections going on the Commission should probably sit down and have an open discussion to go over some the concerns. Many of the concerns can be taken care of by Commission discussion, but it should probably be setup with the new Commission. The date Pastor Bradley had planned on having another meeting is not good for the Commission because of the League of Cities dinner. It is probably best to have a meeting in November and if there is no objection he will try to setup a meeting with Pastor Bradley. The dilemma is, does the Commission want the new Commission to be seated and then chose a meeting date or does the Commission want him to pick a date later on for the new Commission. Vice Mayor Herzberg stated she thought this was Pastor Bradley's deal and Mayor Masiarczyk replied it is and he wants some advice because he does not want it to die on the vine. Vice Mayor Herzberg stated the longer it is delayed the more it is going to die on the vine and some of the concerns are simple questions that can be answered. Mayor Masiarczyk asked if there should be a general meeting and have it scheduled in November. He will talk to Pastor Bradley to do something right after the elections. This would be a good way to introduce the new Commission to the public and have a roundtable discussion of the items and the Commission concurred. After discussion, the Commission concurred to meet in November after the election, introduce the new Commission to the public and have a roundtable discussion of the items and the Commission concurred. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 11:14 p.m. City of Deltona Page 24 Printed on 9/12/2018 City Commission Minutes September 5, 2018 ______________________________ John C. Masiarczyk, Sr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 25 Printed on 9/12/2018

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting 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 Wednesday, September 5, 2018 6:30 PM Deltona Commission Chambers 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 August 20, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 20, 2018 Minutes.pdf 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. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. City of Deltona Page 1 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 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 budget amendment for additional work related to attorney fees for the City of Deltona - Mari Leisen, Finance Department, 386 878-8553. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Background: The Commission previously approved a total budget of $360,000 for attorney fees for the City Hall. Staff requests a budget amendment of $84,000 to allow for services to the end of the fiscal year 2017-2018. This amendment brings the total project budget to $444,000. Attachments: Resolution 2018-53 Attorney Fees 2018-069 Attorney Fees B. Request approval of Resolutions No. 2018-58 and 2018-59 to amend the Economic Development and Park Projects Funds budgets and authorize expenditures for Design Services for the Eco-Tourism projects in preparation for the ECHO Grant Funding application. - Camille Hooper, Finance Department (386) 878-8552. Strategic Goal: Infrastructure: Park Facilities Background: In the City Commission Budget Workshop of August 13, 2018, Commissioners discussed potential Echo Grant applications for the three Eco-Tourism, Nature Parks. These projects are included in the 2018-19 Fiscal Year budget. However, the ECHO grant cycle begins in November and the design must be completed by then. Attachments: 2018-081 Transfer 114 to 302 Res No. 2018-58 114 to 302 2018-082 Allocate transfer in Park Projects Fund Res No. 2018-59 302-Nature Parks City of Deltona Page 2 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 C. Request approval of Resolution No. 2018-61, Local Agency Program (LAP) Agreement for transportation improvements at the intersection of Tivoli Dr. and Providence Blvd. and Tivoli Dr. and Saxon Blvd. - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Fiscal Issues - Transportation CIP. Background: In 2016 the City received a River to Sea Transportation Planning Organization (TPO) grant to improve the intersections of Tivoli Dr. with Providence and Saxon Boulevards. Plans for the project were prepared by the City and ultimately approved by FDOT. The project has been planned and funded for some time. In order to continue with FDOT/TPO funding, a Local Agency Program (LAP) agreement needs to be executed between the City and FDOT. A LAP agreement for the project is attached and the agreement has been reviewed by the City Legal Office for legal sufficiency. The project involves various improvements to the intersections of Tivoli Dr. and Providence Blvd. and Tivoli Dr. and Saxon Blvd. Upgrades include turn lane additions, expanded roadway shoulders, sidewalk improvements, a raised traffic separator at the Tivoli/Providence intersection, signalization changes, curbing, striping, etc. The total cost for the project is approximately $1.15 million. The City contribution to the project is about $380,000 or 33% of the total project cost. Attachments: Resoultion 2018-61 Tivoli Drive LAP Agreement D. Request for Conditional Approval of Interlocal Agreement with Volusia County Sheriff’s Office for provision of Law Enforcement services for October 1, 2018 through September 30, 2019 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Background: The City currently contracts with Volusia County for law enforcement services provided by the Volusia County Sheriff’s Office. The proposed interlocal agreement will continue these services for the period of October 1, 2018 through September 30, 2019. Conditional approval of the 2018-19 agreement is requested due to the timing of the City and County’s respective budget approval schedules. Conditional approval will permit the Mayor and City Manager to sign the City of Deltona Page 3 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 interlocal agreement and submit it to Volusia County prior to the City ’s final budget hearing on September 17, 2018. Volusia County will then be able to incorporate the agreement into its 2018-19 budget. The interlocal agreement would be fully approved upon the Commission ’s approval and adoption of the FY 2018-19 budget. Staff once again recommends conditional approval of the interlocal agreement, conditioned upon approval and adoption of the final fiscal year 2018-19 budget. Attachments: 2018-19 VCSO Contract 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2018-54, Adopting the Tentative Millage Rate for the levy of ad valorem taxes for FY 2018/2019 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing on the tentative budget and proposed millage rate between 65 and 80 days from the date (July 1, 2018) of certification of taxable value provided by the Property Appraiser. This hearing was publicized via the TRIM Notice mailed by the County Property Appraiser on or about August 16, 2018. At this hearing, the City will: · First discuss the percentage increase or decrease in millage over the rolled-back rate. The proposed millage rate of 7.8500 reflects an 11.1% increase from the rolled-back rate. · Adopt a tentative millage (Resolution No. 2018-54) and budget (Resolution No. 2018-55) by separate vote and in that order as required by State law. · If the tentatively adopted millage rate exceeds the proposed rate presented in the TRIM Notice (7.8500), each taxpayer within the City must be notified of the increase by first class mail. · Prior to adopting the millage-levy resolution, the name of the taxing authority (City of Deltona, Florida), the rolled-back rate (7.0654), and the percentage increase or decrease compared to the rolled-back rate (11.1% increase), and the millage rate to be levied (7.8500) must be publicly announced. The tentative millage rate and budget will be used to advertise the final budget hearing scheduled for September 17, 2018. Attachments: Resolution 2018-54 - Tentative Millage Rate B. Public Hearing - Resolution No. 2018-55, Adopting the tentative annual budget for FY 2018/2019 - Camille Hooper, Finance Director (386) 878-8552. City of Deltona Page 4 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 Strategic Goal: Fiscal Issues Background: State law requires that the City hold a public hearing on the tentative budget and proposed millage rate between 65 and 80 days from the date (July 1, 2018) of certification of taxable value provided by the Property Appraiser. This hearing was publicized via the TRIM Notice mailed by the County Property Appraiser on or about August 17, 2018. At this hearing, the City: · May amend the tentative budget and re-compute its proposed millage rate, and publicly announce the percent, if any, by which the recomputed proposed millage exceeds the rolled-back rate. · Will adopt a tentative millage (Resolution No. 2018-54) and budget (Resolution No. 2018-55), in that order. · If the tentatively adopted millage rate exceeds the proposed rate presented in the TRIM Notice (7.8500), each taxpayer within the City must be notified of the increase by first class mail. · The adopted tentative millage and budget will be used to advertise the final hearing scheduled for September 17, 2018. Attachments: 2018-55-Resolution - tentative annual budget - First Hearing-9-5-18 C. Public Hearing - Resolution No. 2018-48, Granting Conditional Use approval for a house of worship at 2005 and 2025 Wiggley Farms Road - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Background: The property consists of two parcels which are part of an unrecorded subdivision known as Conkln subdivision. The Conkln subdivision was created before the 1995 incorporation of the City of Deltona. The two parcels combined consist of about three acres of land. The properties are addressed off of an unpaved 30’ private ingress and egress easement named Wiggley Farms Road. However the property directly abuts Elkcam Blvd., a City thoroughfare, for a distance of approximately 450 feet. Therefore, there is ample room to accommodate access off of Elkcam Blvd. The applicant is requesting Conditional Use approval for a house of worship. The plan is to construct a 144 seat, approximately 4,700 square foot facility with ancillary parking, stormwater, landscaping, etc . However, the details of the development would be addressed as part of the site plan review process. For more information on this request see the attached staff report. City of Deltona Page 5 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 On August 15, 2018 the Planning and Zoning (P/Z) Board heard the Conditional Use request. After hearing testimony in support of and in opposition to the proposal, and reviewing other information, a P /Z Board motion to recommend the City Commission approve the Conditional Use request did not pass because of a tie 3 to 3 vote. Attachments: Resolution 2018-48 IBIC 2005-2025 Wiggley farms road2 Staff_Report 7-27-2018 maps combined Description of Proposal D. Public Hearing - Resolution No. 2018-49, Granting Conditional Use approval for a house of worship at 2745 Lake Helen Osteen Road - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and External Communications - solicit partnerships Background: The I.M.E.D. church at 2745 Lake Helen Osteen Rd. is situated on 24.73 acres of land and is zoned RE-1. The property is currently developed with an approximately 21,000 square foot building. The building was constructed in 2006 and was intended to be used as a house of worship predicated on a City Commission Conditional Use approval. Notwithstanding the building being constructed, the facility has never been completed and has never been occupied or used for any house of worship activity. As indicated above, this property has an extensive history dating back over 10 years. During this time there have been several Conditional Use and site plan approvals, extensions and expirations. There have been financial challenges and an ownership change which have resulted in the project never being completed. On August 15, 2018, the Planning and Zoning (P/Z) Board heard the Conditional Use request. Board members expressed concern, based on the history of inactivity, regarding the ability to actually complete the project. The applicant and construction contractor indicated there was now appropriate financial positioning to finish the project. To illustrate the project could be finished, the applicant’s construction contractor (GC Contractor Services, LLC) presented for the record a letter indicating the project would cost $500,000.00. The letter is attached. In addition, the contractor stated into the record there was a willingness to donate time and materials to account for any cost overruns. The applicant presented a letter from the Extension Loan Fund indicating the I.M.E.D. church had secured a $500,000.00 line of credit to complete the house of worship project. The line of credit letter is City of Deltona Page 6 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 attached. After hearing testimony and reviewing applicable information, the P/Z Board voted unanimously to recommend the City Commission approve the Conditional Use request for a house of worship at 2745 Lake Helen Osteen Rd. for a period of 24 months. With regard to the Planning and Zoning Board hearing, City staff also recommended an approval timeframe of 24 months. However, the contractor at the P/Z meeting indicated the entire project, including permitting, could be accomplished in about 12 months. As has been mentioned, this project through the years has had numerous approvals and extensions. However, in all of this time there has very little tangible progress on the project. Therefore, in an effort to better benchmark project progress, staff is suggesting, notwithstanding the initial 24 month recommendation illustrated in the attached August 1, 2018 staff report, the Commission only approve the Conditional Use request for a period of 12 months. Further, staff should be directed to not approve any administrative extensions unless a site plan has been approved, building permits issued and continuous work on the project can be demonstrated. For more information on this request see the attached staff report. Finally, please be advised as per Sec. 110-1102(e), any conditional use request needs to be approved by super majority consisting of five or more City Commissioners. Attachments: Resolution 2018-49 IMED Staff_Report 7-27-2018 maps combined Letter To City of deltona Contractor Estimate Line of Credit Letter 10. OLD BUSINESS: 11. NEW BUSINESS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: City of Deltona Page 7 Printed on 8/30/2018 City Commission Regular Commission Meeting September 5, 2018 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. City of Deltona Page 8 Printed on 8/30/2018

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