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Special City Commission Meeting

Special Meeting

Deltona, FL · July 16, 2018

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special City Commission Meeting Monday, July 16, 2018 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:00 p.m. 2. ROLL CALL – CITY CLERK: Present: 9 - Commissioner Bradford Commissioner Honaker Commissioner McFall Commissioner Nabicht Commissioner Ramos Vice Mayor Herzberg Mayor Masiarczyk City Attorney City Manager Shang 3. PLEDGE TO THE FLAG: Mayor Masiarczyk led everyone in the pledge to the flag. 4. 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. Richard Bellach, 1665 S. Acadian Drive, Deltona, spoke about wanting a copy of the trespass report for Ms. Gibson, the City being in the news, The Center having four health violations and cannot pay for itself, being honest with the residents, the City Manager filing a police report, Deltona being a spectacle, and who people should vote for in the election. 5. BUSINESS: A. Public Hearing - Resolution No. 2018-33, Establishing the Tentative Proposed Millage Rate for the levy of ad valorem taxes for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues City of Deltona Page 1 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 Mayor Masiarczyk opened the public hearing. Pat Ramsey, 992 W. Gaucho Circle, Deltona, spoke about living on a limited budget, filing for as much assistance as possible, and the increase in property taxes will be a strain on her budget. Mayor Masiarczyk closed the public hearing. Motion by Commissioner Nabicht, seconded by Vice Mayor Herzberg, to approve Resolution No. 2018-33 adopting the tentative proposed millage rate of 7.85 for the levy of ad valorem taxes for FY 2018/2019. Mayor Masiarczyk read the title of Resolution No. 2018-33 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; ADOPTING A PROPOSED MILLAGE RATE FOR THE 2018-2019 FISCAL YEAR; DETERMINING THE ROLLEDBACK RATE; ESTABLISHING A DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER THE PROPOSED MILLAGE RATE AND THE TENTATIVE BUDGET FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Bradford, Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-33 was adopted at 6:11 p.m. B. Public Hearing - Resolution No. 2018-34, Establishing the Annual Rate Resolution - Stormwater Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Motion by Vice Mayor Herzberg, seconded by Commissioner McFall, to approve Resolution No. 2018-34, Establishing the Annual Rate Resolution for Stormwater Utility Assessments for FY 2018/2019 at the rate of $108.00 per Equivalent Residential Unit (ERU). Mayor Masiarczyk read the title of Resolution No. 2018-34 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER UTILITY SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF City of Deltona Page 2 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2018-2019; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2018-2019; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Bradford, Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-34 was adopted at 6:12 p.m. C. Public Hearing - Resolution No. 2018-36, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Motion by Vice Mayor Herzberg, seconded by Commissioner McFall, to approve Resolution No. 2018-36, Establishing the Annual Rate Resolution for Streetlighting Services for FY 2018/2019. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Mayor Masiarczyk read the title of Resolution No. 2018-36 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF STREETLIGHTING SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2018-2019; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2018-2019; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Bradford, Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-36 was adopted at 6:13 p.m. D. Public Hearing - Resolution No. 2018-37, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2018/2019 - Camille Hooper, Finance Department, (386) 878-8552. City of Deltona Page 3 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 Strategic Goal: Fiscal Issues Motion by Vice Mayor Herzberg, seconded by Commissioner Bradford, to approve Resolution No. 2018-37, Establishing the Annual Rate Resolution for Lake McGarity Aquatic Weed Control Services Assessment for FY 2018/2019 at an annual rate of $219.51 per assessed parcel. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Mayor Masiarczyk read the title of Resolution No. 2018-37 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF AQUATIC WEED CONTROL SERVICES ("SERVICES") FOR LAKE McGARITY, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2018-2019; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2018-2019; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Bradford, Commissioner Honaker, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Resolution No. 2018-37 was adopted at 6:15 p.m. E. Public Hearing - Resolution No. 2018-35, Establishing the Annual Rate Resolution - Solid Waste Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues City Attorney Segal-George stated originally staff was told tonight was the night that the Commission had to finalize the assessment for solid waste which is garbage and has nothing to do with sewer. Finance Director Camille Hooper subsequently found out that the Commission has until July 27th to finalize the rate. She stated staff is asking the Commission to keep the rate that was tentatively adopted and then next Monday night there will be a Special Commission Meeting where she will go through the actual contract with the vendor that will be selected, however, staff is not complete in getting that done yet. There will be a packet available for the Commission and the public by Thursday, July 19th. She stated she is meeting with vendors again tomorrow and staff believes that the number that is being currently negotiated will be less than the $226.68, substantially less. At this point the Commissioners asked for an increased level of services for solid waste and staff is in City of Deltona Page 4 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 the process of negotiating something that is reasonable and that will provide all those additional services including unlimited garbage cans, bulk waste, there is a plan/program with regards to recycling and yard waste is staying basically the same. Staff could not get it done by tonight as more time was needed to get responses from vendors with regards to specific items that were itemized that staff was trying to negotiate better prices on. She stated next Monday night the Consultant Bill Redman will be present along with Deputy City Manager Dale Baker and herself to answer questions, go through the different contract provisions and everything will be available in the packet for distribution on Thursday. Mayor Masiarczyk suggested scheduling the workshop earlier that day because the solid waste contract will take a substantial amount of time to discuss and he asked if the two items on the workshop can be delayed. City Manager Shang replied the two items are related to the YMCA and Commissioner Bradford's request to workshop the Community Park & Garden prior to the budget being finalized. Mayor Masiarczyk stated the Workshop will take place from 5:00 p.m. to 6:30 p.m. and the Special Commission Meeting will take place at 6:30 p.m. and the Commission concurred. City Attorney Segal-George stated when the contract is presented to the Commission she will have the vendor sign it before it comes to the Commission and Deputy City Manager Baker stated that the Commission will still need to vote on the rate tonight. Finance Director Camille Hooper stated the voting tonight is to comply with State Statute for timing, but the Commission can decide collectively to approve something lower than that as long as the Property Appraiser is notified by July 27th so that it can be placed on the TRIM (Truth In Millage Notice) notice. Mayor Masiarczyk opened the public hearing. Debbie Mize, 3032 Parma Drive, Deltona, spoke about the 30% increase, that residents did not get a 30% increase in their income, if the increase was reasonable like a cost of living increase it would be different, she questioned why there has to be an increase in pick-ups and she confirmed that Thursday residents will be provided the actual numbers. Mark Donley, 2091 Nedra Avenue, Deltona, spoke about the City getting a rebate on recycling, whether Waste Pro will be the vendor or not, that he has an issue with Waste Pro and he explained, the recycling company dropping and breaking glass items in his driveway without picking it up, and being dissatisfied with the rate and Waste Pro. Joseph Gomez, 926 Hemmingway Drive, Deltona, spoke about his experience doing audits of contracts for government agencies, the contract providing for a higher increase than it needs to be, needing a cost analysis and he volunteered his services as he does it nationally. Doug MacDonald, 1494 Surry Run Court, Deltona, asked for confirmation that the specifics City of Deltona Page 5 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 of the vendor, the contract and the rate will all be at the Monday's Special Commission Meeting on July 23rd. Jerry Jackson, 2031 Galahad Drive, Deltona, spoke about just moving to the City, Waste Pro not picking up his trash, residents following the rules and trash still not getting picked up, prices go up for everything and that residents are get hit with increases, but are getting no assistance to help pay for them. Mayor Masiarczyk called a recess at 6:32 p.m. and reconvened at 7:55 p.m. Mayor Masiarczyk reopened the public hearing. Carl Bowman, Jr., 1141 Barbados Street, Deltona, spoke about the 30% increase for solid waste, he questioned how the bidding process works, that Waste Pro used to have two employees on the trucks now there is one, that the price of fuel has not gone up, unlimited pick-ups being a new request, 30% increase being too high and special requirements for what is left at the curb. Mayor Masiarczyk closed the public hearing. Vice Mayor Herzberg stated for clarification the reason for this item being on this meeting, the cities in West Volusia put their garbage billing on the property taxes and the cities of East Volusia bill through their utility bills. The property tax is where residents pay their garbage at a flat rate once a year which is why the City needs to do all of these rates now because the Property Appraiser requires them to be submitted to his office at a certain time. That is also why the City sets the preliminary rate at a certain level that the Commission cannot go above, but it can be lowered. The rate for solid waste did not go up for seven years and it was a flat rate of $174 a year. The current solid waste contract expires January 1, 2019 and it was the request of the Commission and the residents to put the contract out to bid, but the main driver of this was the residents' complaints. Commissioner Honaker stated the City held town hall meetings for the residents to tell the Commission what they wanted for deliverables for solid waste pick-up. Some of the things residents wanted was two men on a truck, pick-up whatever is at the curb, not having to call for a special pick-up, and pick-up from the rear instead of the front. These are things the residents asked for and they cost more money. The contract has not gone up for seven years and the price remained the same for the residents during that time. Now the price has to go up, but remember this price that is being approved tonight is the maximum rate that it could be and staff is negotiating a much lower rate and still give the residents what they want. He encouraged everyone to come back Monday night to voice their opinions and listen to the meeting. Mayor Masiarczyk stated recycling used to pay for the William S. Harvey Deltona Scholarship Fund, but is now budgeted through the General Fund. The City was made aware that China is not buying recycling and it is entering into the normal trash stream. The City of Deltona Page 6 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 recycling dumping fees are something the City made money on and now the City is spending $35 a ton, minimum. This fee is expected to go up because they cannot get rid of the recycling and that is at no fault of the cities. The other issue is there is a sole source dump, there are dumps in Central Florida, but for us the closest one is the county operated dump and the City cannot control their tipping fees for dumping the trash. He stated he thinks he was at fault for not pushing hard enough to administer and hold the hauler accountable for things that the vendor did not do. He stated he can assure the residents that the new Commission is going to hold the vendor accountable for the contents of the contract. It will be another Commission's decision whether to have in-house enforcement of the contract or hire a consultant. That would enhance service and be a funding mechanism. Commissioner Nabicht stated regarding the vendor leaving broken glass in the driveway, in the new contract a resident can call about that issue, someone monitoring the contract will go out to look at it and penalize the waste hauler financially. There are a lot of things in this contract that will make the process better and the cost of recycling is more than the cost to take it to the dump, but the City will still be able to recycle. Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve Resolution No. 2018-35, Establishing the Annual Rate Resolution for Solid Waste Assessments for FY 2018/2019 at the rate of $226.68 and it will be no higher than that per Equivalent Residential Unit (ERU). Vice Mayor Herzberg stated the William S. Harvey Deltona Scholarship Advisory Board received$50,000 a year paid for by the recycling which was a commodity back then. That is no longer the case, then it was to the point where the City would break even and now the City is paying to have the recycling dumped and picked up. When the Commission talked about single stream recycling and having a bin the same size as the trash bins that would be at a cost of $70 per bin. Also, most of the haulers are getting away from single stream recycling because of all the recycling issues. She suggested residents come back Monday night, hopefully everyone will receive the new numbers and they will be pleasing to the residents. Commissioner Honaker stated glass is not recyclable, residential plastic is not recyclable, China only takes industrial plastic and the City should not be recycling. Mayor Masiarczyk read the title of Resolution No. 2018-35 for the record. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DELTONA; ESTABLISHING THE RATE OF ASSESSMENT TO BE IMPOSED IN FISCAL YEAR 2018-2019; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2018-2019; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED AND DELIVERED TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: City of Deltona Page 7 Printed on 7/15/2019 Special City Commission Meeting Minutes July 16, 2018 For: 6 - Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Commissioner Ramos, Vice Mayor Herzberg, and Mayor Masiarczyk Against: 1 - Commissioner Honaker Resolution No. 2018-35 was adopted at 8:10 p.m. 6. ADJOURNMENT: There being no further business, the meeting adjourned at 8:10 p.m. ______________________________ John C. Masiarczyk, Sr., MAYOR ATTEST: _______________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 8 Printed on 7/15/2019

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda Special City Commission Meeting Monday, July 16, 2018 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. PLEDGE TO THE FLAG: 4. 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) 5. BUSINESS: A. Public Hearing - Resolution No. 2018-33, Establishing the Tentative Proposed 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: The City Manager’s proposed FY 2018/2019 budget is based on a millage rate of 7.8500. This proposed tentative millage rate is lower than the rate levied in FY 2017/2018 and reflects a 7.85% increase from the rolled back rate of 7.0654. Staff is proposing that the Commission adopt 7.8500 as the tentative proposed millage rate for FY 2018/2019. Attached is Resolution No. 2018-33, establishing the tentative proposed millage rate at 7.8500. The adopted rate will be communicated to the Property Appraiser and used in the Notice of Proposed Property Taxes (TRIM Notices) issued to Deltona property owners in late August. Attachments: 2018-33-Resolution -Tentative Proposed Millage Rate-July Meeting B. Public Hearing - Resolution No. 2018-34, Establishing the Annual Rate Resolution - Stormwater Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. City of Deltona Page 1 Printed on 7/12/2018 Special City Commission Meeting Agenda July 16, 2018 Strategic Goal: Fiscal Issues Background: The Stormwater Utility System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-158 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution, which was adopted on June 18, 2018, with an annual stormwater rate of $108.00 per Equivalent Residential Unit (ERU). Attached is the Annual Rate Resolution for stormwater utility assessments for FY 2018/2019. Staff is proposing the current annual rate of $108.00 per ERU. At current levels, each $1 decrease in the assessment equals approx. $40,500 reduced revenue, or approx. $80,100 in total for the 2018-19 fiscal year. While an assessment rate of $106/ERU would still allow the fund to end the 2018-19 fiscal year with a positive fund balance, the fund is projected to have an operating deficit in the future which will need to be absorbed by the fund balance. A rate study will occur in FY 18/19 to analyze the assessment fee and planned projects. If the rate is not eventually increased, the fund will continue to experience annual operating deficits unless planned stormwater projects are postponed or cancelled. Attachments: 2018-34-Resolution - Annual Rate - Stormwater Financial Scenarios & Projections C. Public Hearing - Resolution No. 2018-36, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Streetlighting Districts Services System is based on operational and capital needs, and is funded by fees levied to the property owners in the City who participate in the various optional Streetlighting Districts. Section 54-253 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution, which was adopted on June 18, 2018. Attached is the City of Deltona Page 2 Printed on 7/12/2018 Special City Commission Meeting Agenda July 16, 2018 Annual Rate Resolution for streetlighting assessments. Attachments: 2018-36-Resolution - Annual Rate - Streetlighting-2nd mtg D. Public Hearing - Resolution No. 2018-37, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2018/2019 - Camille Hooper, Finance Department, (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Lake McGarity Special Assessment District was established to provide aquatic weed control services for the Lake. The cost of those services are apportioned to properties that will benefit from those services and will be levied to the property owners. Section 54-16 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution, which was adopted on June 18, 2018, with an annual per assessed parcel rate of $219.51. Attached is the Annual Rate Resolution for aquatic weed control services assessments for the Lake McGarity Special Assessment District for FY 2018/2019. Staff is proposing the current annual rate of $219.51 per assessed parcel. Attachments: 2018-37-Resolution - Annual Rate - Aquatic Weed control E. Public Hearing - Resolution No. 2018-35, Establishing the Annual Rate Resolution - Solid Waste Services for FY 2018/2019 - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Background: The Solid Waste Collection System is based on operational and capital needs, and is funded by fees levied to the property owners in the City. Section 54-56 of the Code of Ordinances requires that the City Commission adopt an Annual Rate Resolution during its budget adoption process for each fiscal year. The initial proceedings for adoption of an Annual Rate Resolution require the adoption of a Preliminary Rate Resolution, which was adopted on June 18, 2018, with an annual solid waste assessment rate of $226.68 per Equivalent Residential Unit (ERU). Staff is proposing an annual solid waste assessment rate of $_________ per ERU (to be provided at the meeting). Attached is the Annual Rate Resolution for solid waste assessments for FY 2018/2019. City of Deltona Page 3 Printed on 7/12/2018 Special City Commission Meeting Agenda July 16, 2018 Attachments: 2018-35-Resolution - Annual Rate - Solid Waste-2nd mtg 6. 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. City of Deltona Page 4 Printed on 7/12/2018

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