City Commission
Regular MeetingDeltona, FL · September 16, 2019
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, September 16, 2019 5:30 PM Deltona Commission Chambers
City Manager's Agenda Review
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Herzberg.
2. ROLL CALL – CITY CLERK:
Present: 6 - Commissioner Avila-Vazquez
Commissioner King
Commissioner Nabicht
Vice Mayor Ramos
Mayor Herzberg
City Attorney
Absent: 2 - Commissioner Bradford
Commissioner McFall
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Avila-Vazquez.
Mayor Herzberg led everyone in the pledge to the flag.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Special Commission Meeting of August 29, 2019
and the Regular Commission Meeting of September 5, 2019, as presented.
- Joyce Raftery, City Clerk (386) 878-8502.
There were no questions or comments regarding this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Constitution Week
There were no questions or comments regarding this item.
6. ORDINANCES AND PUBLIC HEARINGS:
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A. Public Hearing - Ordinance No. 11-2019, Rezoning request for ±56.3 acres of
land located off of Doyle Road and near the East Central Florida Regional
Rail Trail from Agriculture (A) to Residential Planned Unit Development
(RPUD), at first reading - Ron A. Paradise, Director, Planning and
Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified &
high-quality housing opportunities to provide for all market demands.
Mayor Herzberg stated that Items 6-A and 6-B were not heard by the Planning & Zoning
(P&Z) Board and Planning & Development Services Director Ron Paradise replied correct,
staff recommends to defer these items to the P&Z Board on September 18th and follow the
normal process to advance to the City Commission.
B. Public Hearing - Ordinance No. 12-2019, Rezoning request for ±55.6 acres of
land located on the south side of Doyle Rd just South and East of the
intersection of Courtland Blvd and Doyle Rd from City of Deltona
Residential Planned Unit Development (RPUD) to Residential Planned Unit
Development (RPUD), at first reading - Ron A. Paradise, Director, Planning
and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified &
high-quality housing opportunities to provide for all market demands.
This item was discussed with Item 6-A.
C. Public Hearing - Resolution No. 2019-40, adopting the Final Millage Rate for
the levy of ad valorem taxes for Fiscal Year 2019/2020 - Camille Hooper,
Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues
There were no questions or comments regarding this item.
D. Public Hearing - Resolution No. 2019-41 Adopting the Final Annual Budget
for FY 2019/2020 - Camille Hooper, Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues
There were no questions or comments regarding this item.
7. OLD BUSINESS:
None.
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8. NEW BUSINESS:
A. Request approval of Resolution No. 2019-45, providing for an initial rate
increase of fifteen percent for water and irrigation base facility charge and
water & irrigation usage charges beginning 1 October 2019, and annual rate
indexing of five percent per year for water and irrigation base facility and
water and irrigation usage charges beginning 1 October 2020 through 1
October 2023. - John Peters, Public Works/Deltona Water (386) 878-8973.
Strategic Goal: Infrastructure/Fiscal Issues
There were no questions or comments regarding this item.
B. Request approval of Resolution No. 2019-46, providing for annual indexing
for five years at five percent per year of wastewater and reclaimed base
facility charge and usage rates. - John Peters, Public Works/Deltona Water
(386) 878-8973.
Strategic Goal: Infrastructure/Fiscal Issues
Commissioner Nabicht asked if the consultant would be present and Public Works Director
John Peters replied no. Commissioner Nabicht asked why the consultant would not be
present and Mr. Peters replied that he could handle the questions that may come up.
Commissioner Nabicht stated it was said before that the consultant was supposed to be
here for this item.
Mr. Peters stated staff has received a few inquiries regarding the impact of both water and
sewer and it should be noted that for the water only customers it is 15%. For those
residents on water and sewer up to 10,000 gallons of flow it is a 7% overall adjustment.
Commissioner Nabicht asked if Mr. Peters will be able to speak to the structure of that, how
it is financially structured because originally it was 15% on the base rate so how is it not
15% on a sewer and water customer on the water's base rate. Mr. Peters replied the water
base rate is 15% for everybody and for residents on sewer and/or reclaimed water it is 5%.
When looking at a bill with both water and sewer and they are blended together up to
10,000 gallons that is effectively at a 7% increase and 20,000 gallons would go up to 11%,
overall budget increase.
Vice Mayor Ramos stated that technically sewer has decreased from 5.5% to 5% and City
Manager Shang replied correct.
Mayor Herzberg asked Mr. Peters if any of the tables would be available and Mr. Peters
replied yes, they will be projected on the screen.
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C. Request for consideration of appointment or re-appointment of eleven (11)
members to the Affordable Housing Advisory Committee - Joyce Raftery,
City Clerk’s Office, (386) 878-8502.
Strategic Goal: Internal and External Communication.
Mayor Herzberg stated the four applicants do not meet the criteria of the open positions
and she asked what the next was. Planning & Development Services Director Ron
Paradise replied to temporarily sunset the committee because statutorily they have met
their requirements, take applications and then reconvene the committee. Mayor Herzberg
asked how long would the committee be sunset for and Mr. Paradise replied they are okay
for the next year and a half, but he will get an exact date.
Vice Mayor Ramos asked if the Commission could still re-appoint the current seven
members, just in case and City Manager Shang replied yes, Mr. Paradise is talking about
one option, but even with the vacancies the committee has a quorum and could still meet.
The Commission may not want to sunset the committee because an issue could come up.
Mr. Paradise stated correct, there could be a change to the local housing advisory plan.
Vice Mayor Ramos stated that in that situation the City would just advertise for the open
positions and Mr. Paradise replied yes, maintain what the City has and come back with
applications. City Manager Shang stated that is why she does not recommend sunsetting
the committee.
Mayor Herzberg stated if the City does not have to sunset the committee she would rather
not and continue to advertise for the vacancies.
City Manager Shang stated that rather than advertising for the eleven positions the ad
would focus on the criteria for the three vacant positions.
9. 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.
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.
10. CONSENT AGENDA:
A. Request for approval of Resolution No. 2019-47, approving the Fiscal
Sustainability Plan dated August 22, 2019 for the Deltona Alexander
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Avenue Reclaimed Water Augmentation (known also as Lake Monroe
Project Phase 4A) Project. - John Peters, Public Works/Deltona Water (386)
878-8973.
Strategic Goal: Infrastructure
City Manager Shang stated this is a close out, meaning that now that the work is done staff
wants to make sure that the plan addresses maintenance.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Herzberg suggested that Commissioner Avila-Vazquez provide an update on the
fundraising efforts for the Bahamas and Commissioner Avila-Vazquez stated she would
like the Parks & Recreation Director Ryan Reckley to provide the update.
12. CITY ATTORNEY COMMENTS:
There were no questions or comments regarding this item.
13. CITY MANAGER COMMENTS:
There were no questions or comments regarding this item.
14. CITY COMMISSION COMMENTS:
Commissioner King stated he will mention that on the 19th is National POW MIA Day and
there will be a ceremony at the Veterans' Park at 6:00 p.m. on Friday, September 20th. On
Saturday there will be a POW MIA flag raising ceremony at 10:00 a.m. at the Halifax Health
Hospice.
Commissioner Nabicht asked if Commission King got to talk to the woman at the pancake
breakfast regarding Wreaths Across America and Commissioner King replied the
American Legion is collecting money for that and last year 750 wreaths were placed at
Deltona Memorial Gardens. Donations will be collected this weekend Friday and Saturday
at the Winn Dixie on Providence Blvd. from 9:00 a.m. to 5:00 or 6:00 p.m. Commissioner
Nabicht asked Commissioner King to mention that as part of his comments. Vice Mayor
Ramos asked that the information be provided to the City Manager so it can be placed on
the calendar. Commissioner King stated that for every two wreaths purchased Winn Dixie
will donate a third wreath free, the wreaths are $15 each. The event will take place on
December 14th at Noon, it is open to the public and the ceremony takes place
simultaneously across the country. Vice Mayor Ramos stated the ceremony is very powerful
and the person's name is stated out loud before laying the wreath down.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 5:47 p.m.
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Mayor Heidi K. Herzberg
Vice Mayor Victor M. Ramos
Commissioner Maritza Avila-Vazquez
Commissioner Anita Bradford
Commissioner Loren King
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Monday, September 16, 2019 5:30 PM Deltona Commission Chambers
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 Avila-Vazquez.
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 of the Special Commission Meeting of August 29, 2019 and
the Regular Commission Meeting of September 5, 2019, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: August 29, 2019 SCM Minutes
September 5, 2019 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Constitution Week
Background: The tradition of celebrating the Constitution was started by the
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Daughters of the American Revolution. In 1955, DAR petitioned
Congress to set aside September 17-23 annually to be dedicated for
the observance of Constitution Week. The resolution was later adopted
by the US Congress and signed into public law on August 2, 1956 by
President Dwight D. Eisenhower.
The aims of the celebration are to:
· Emphasize citizen’s responsibilities for protecting and
defending the Constitution.
· Inform people that the Constitution is the basis for American’s
great heritage and the foundation for our way of life.
· Encourage the study of the historical events which led to the
framing of the Constitution in September 1787.
Attachments: DAR.doc
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 11-2019, Rezoning request for ±56.3 acres of
land located off of Doyle Road and near the East Central Florida Regional Rail
Trail from Agriculture (A) to Residential Planned Unit Development (RPUD), at
first reading - Ron A. Paradise, Director, Planning and Development Services,
(386) 878-8610.
Strategic Goal: Economic Development - Create more diversified & high-quality
housing opportunities to provide for all market demands.
Background: The Planning and Zoning Board did not hear this rezoning request at
the August 21, 2019 meeting. The request is scheduled to be heard by
the Planning and Zoning Board on September 18, 2019.
B. Public Hearing - Ordinance No. 12-2019, Rezoning request for ±55.6 acres of
land located on the south side of Doyle Rd just South and East of the
intersection of Courtland Blvd and Doyle Rd from City of Deltona Residential
Planned Unit Development (RPUD) to Residential Planned Unit Development
(RPUD), at first reading - Ron A. Paradise, Director, Planning and Development
Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified & high-quality
housing opportunities to provide for all market demands.
Background: Please be advised this rezoning request was not heard by the Planning
and Zoning Board on August 21, 2019. The request is scheduled to be
heard by the Planning and Zoning Board on September 18, 2019.
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C. Public Hearing - Resolution No. 2019-40, adopting the Final Millage Rate for
the levy of ad valorem taxes for Fiscal Year 2019/2020 - Camille Hooper,
Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing to adopt the final
millage rate and budget.
At this hearing, the City will:
· First discuss the percentage increase in millage over the
rolled-back rate. The proposed millage rate of 7.8500 reflects a
10.41% increase from the rolled-back rate.
· Adopt the millage rate (Resolution No. 2019-40) and budget
(Resolution No. 2019-41) by separate vote, and in that order as
required by State Law.
· Prior to adopting the millage-levy resolution, the name of the
taxing authority (City of Deltona, Florida), the rolled-back rate
(7.1098), and the percentage increase compared to the
rolled-back rate (10.41% increase), and the millage rate to be
levied (7.8500) must be publicly announced.
Upon 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: Resolution No. 2019-40
D. Public Hearing - Resolution No. 2019-41 Adopting the Final Annual Budget for
FY 2019/2020 - Camille Hooper, Finance, (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: State law requires that the City hold a public hearing to adopt the final
millage rate and budget. This agenda item is to adopt the final Budget
for Fiscal Year 2019/2020.
At this hearing, the City will:
· First discuss the percentage increase in millage over the
rolled-back rate. The proposed millage rate of 7.8500 reflects a
10.41% increase from the rolled-back rate.
· Adopt the millage rate (Resolution No. 2019-40) and budget
(Resolution No. 2019-41) by separate vote and in that order as
required by State law.
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· Prior to adopting the millage-levy resolution, the name of the taxing
authority (City of Deltona, Florida), the rolled-back rate (7.1098),
and the percentage increase compared to the rolled-back rate
(10.41% increase), and the millage rate to be levied (7.8500) must
be publicly announced.
Upon 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: Resolution 2019-41 Final Annual Budget
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Request approval of Resolution No. 2019-45, providing for an initial rate
increase of fifteen percent for water and irrigation base facility charge and
water & irrigation usage charges beginning 1 October 2019, and annual rate
indexing of five percent per year for water and irrigation base facility and water
and irrigation usage charges beginning 1 October 2020 through 1 October
2023. - John Peters, Public Works/Deltona Water (386) 878-8973.
Strategic Goal: Infrastructure/Fiscal Issues
Background: The City of Deltona engaged Stantec, Inc. to complete a Rate Study of
Deltona Water’s Potable Water, Irrigation, Wastewater and Reclaimed
Water Base Facility Charge and Usage Rates. Stantec, Inc. concluded
that the financial solvency of Deltona Water was at risk under the
current rates and proposed capital improvement projects. In order to
maintain sufficient funding to complete regulatorily mandated capital
projects and an adequate level of repair and replacement projects,
Stantec determined that the Water & Irrigation Rates needed to
increase by fifteen percent the first year and by five percent the next four
years.
The City of Deltona Commission has conducted two workshops (21
June 2019 and 12 August 2019) to review all aspects of the proposed
rate increase inclusive of capital projects, repair and replacement, and
operation expenses. In accordance with Florida Statute 180.136, the
City of Deltona has included a notification in the monthly bills informing
ratepayers of the recommended rate increases. In addition, 68.65 of
the City of Deltona Code of Ordinances requires that utility rate
increases for water and wastewater must be considered in separate
resolutions, and 68.64 of the Code of Ordinances allows the City
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Commission to consider annual indexing of Utility Rates.
Upon 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: Resolution No. 2019-45
Rate Increase Graph
Rate Increase Chart
B. Request approval of Resolution No. 2019-46, providing for annual indexing for
five years at five percent per year of wastewater and reclaimed base facility
charge and usage rates. - John Peters, Public Works/Deltona Water (386)
878-8973.
Strategic Goal: Infrastructure/Fiscal Issues
Background: The City of Deltona engaged Stantec, Inc. to complete a Rate Study of
Deltona Water’s Potable Water, Irrigation, Wastewater and Reclaimed
Water Base Facility Charge and Usage Rates. Stantec, Inc. concluded
that the financial solvency of Deltona Water was at risk under the
current rates and proposed capital improvement projects. In order to
maintain sufficient funding to complete regulatorily mandated capital
projects and an adequate level of repair and replacement projects,
Stantec determined that the Wastewater & Reclaimed Water Rates
needed to be increase by five percent for five years.
The City of Deltona Commission has conducted two workshops (21
June 2019 and 12 August 2019) to review all aspects of the proposed
rate increase inclusive of capital projects, repair and replacement, and
operation expenses. In accordance with Florida Statute 180.136, the
City of Deltona has included a notification in the monthly bills informing
ratepayers of the recommended rate increases. In addition, 68.65 of
the City of Deltona Code of Ordinances requires that utility rate
increases for water and wastewater must be considered in separate
resolutions, and 68.64 of the Code of Ordinances allows the City
Commission to consider annual indexing of Utility Rates.
Upon 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.
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Attachments: Resolution No. 2019-46
Rate Increase Chart
Rate Increase Graph
C. Request for consideration of appointment or re-appointment of eleven (11)
members to the Affordable Housing Advisory Committee - Joyce Raftery, City
Clerk’s Office, (386) 878-8502.
Strategic Goal: Internal and External Communication.
Background: The terms of all eleven (11) members of the Affordable Housing
Advisory Committee will expire on October 5, 2019. Staff has heard
from the following members who wish to be re-appointed: Michael
Putkowski, Eric James, Jodi Pena-Castaldi, Hammond Daniels,
Felicia Diaz, Maribel Montanez, Patricia Ulicny-Hoback and Michael
Williams. Member Shirley Battle-White does not wish to be
re-appointed.
The City has run press releases, posted the openings on D-TV, the
City’s web page and bulletin boards. To date the City has received
applications from the following individuals:
· Michael Bowman (does not meet criteria for an open position;
qualifies for criteria (i))
· Caleb Woehr (does not meet criteria for an open position; qualifies
for criteria (i))
· Cassie Landron (does not meet criteria for an open position;
qualifies for criteria (i) and criteria (g))
· Patricia Smith (does not meet criteria for an open position; qualifies
for criteria (i) and (g))
The SHIP Act and Rule requirement has been reinstated per SHIP
statute (F.S. 420.907676 and Rule 67-37.010) that in order to continue
to qualify for funding, the local government must appoint an Affordable
Housing Advisory Committee.
The proposed Housing and Community Development staff
recommendations and the eleven (11) member Committee shall
include:
(a) One citizen who is actively engaged in the residential home
building industry in connection with affordable housing. ( OPEN)
(b) One citizen who is actively engaged in the banking or mortgage
banking industry in connection with affordable housing.
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(Hammond Daniels)
(c) One citizen who is representative of those areas of labor actively
engaged in home building in connection with affordable housing.
(Maribel Montanez)
(d) One citizen who is actively engaged as an advocate for
low-income persons in connection with affordable housing.
(OPEN)
(e) One citizen who is actively engaged as a for-profit provider of
affordable housing. (Eric James)
(f) One citizen who is actively engaged as a not-for-profit provider
of affordable housing. (Jodi Pena-Castaldi)
(g) One citizen who is actively engaged as a real estate
professional in connection with affordable housing. (Michael
Williams)
(h) One citizen who actively serves on the local planning agency
pursuant to § 163.3174. (Michael Putkowski)
(i) One citizen who resides within the City of Deltona. (Patricia
Ulicny-Hoback)
(j) One citizen who represents employers within the City of Deltona.
(OPEN)
(k) One citizen who represents essential services personnel, as
defined in the local housing assistance plan. (Felicia Diaz)
If, due to reasonable factors, a citizen actively engaged in these
activities in connection with affordable housing is not available for
appointment to the Committee, a citizen engaged in the activity without
regard to affordable housing may be appointed.
The AHAC Committee shall evaluate and report to the City
Commission on established policies, procedures, ordinances, land
development regulations, and review the comprehensive plan; to
include, recommended changes as established in Section 420.9076,
F.A.C.
The City shall transmit an electronic copy of the report, which was
presented to the City Commission for consideration, to Florida Housing
Finance Corporation.
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Attachments: AHAC Member List
AHAC By Laws
Member - Michael Putkowski
Member - Eric James
Member - Jodi Pena-Castaldi
Member - Hammond Daniels
Member - Felicia Diaz
Member - Patricia Ulicny-Hoback
Member - Michael Williams
Member - Maribel Montanez
Application - Caleb Woehr
Application - Michael Bowman
Application - Patricia Smith
Application - Cassie Landron
9. 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.
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.
10. CONSENT AGENDA:
A. Request for approval of Resolution No. 2019-47, approving the Fiscal
Sustainability Plan dated August 22, 2019 for the Deltona Alexander Avenue
Reclaimed Water Augmentation (known also as Lake Monroe Project Phase
4A) Project. - John Peters, Public Works/Deltona Water (386) 878-8973.
Strategic Goal: Infrastructure
Background: As a part of the closeout requirements of the State Revolving Fund
Program from the Florida Department of Environmental protection the
Fiscal Sustainability Plan must be adopted by resolution of the City
Commission.
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The construction of Deltona Alexander Avenue Reclaimed Water
Augmentation Project (Lake Monroe 4A) was completed in March of
this year. The Plan includes an asset summary and risk matrix for high
risk assets along with maintenance activities.
Upon 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: Resolution No. 2019-47
Fiscal Sustainability Plan Report
Resolution No. 2016-68
Resolution No. 2017-22
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
a record of the proceedings, and for such purpose he/she may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of
the meeting date and time at (386) 878-8500.
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