City Commission
Regular MeetingDeltona, FL · July 5, 2016
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Tuesday, July 5, 2016 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review Meeting
1. CALL TO ORDER:
Mayor Masiarczyk called the meeting to order at 5:30 P.M.
2. ROLL CALL – CITY CLERK:
Present: 2 - Commissioner Commissioner Schleicher
City Attorney City Attorney Vose
Absent: 3 - Commissioner Honaker
Commissioner Commissioner Smith
Commissioner Soukup
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk lead the Pledge to the Flag.
A. Silent Invocation Presented by Mayor Masiarczyk
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes - Regular Commission Meeting of June 20, 2016 -
Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
6. CITY COMMISSION SPECIAL REPORTS:
Vice Mayor Nabicht stated he would have a report from the Transportation Planning
Authority. City Manager Shang stated the report is good because last year there were no
City projects in the queue and this year there are a number of the City's projects on the list.
7. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and
comments on items listed on the agenda will take place after discussion of each item.
City of Deltona Page 1 Printed on 6/3/2020
City Commission Minutes July 5, 2016
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:
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2016, Amending Chapter 2,
“Administration”, by the addition of a new article 10, “Bidding Preference
for Local Vendors”, at second and final reading. - Becky Vose, Legal
Department (407) 448-0111.
Strategic Goal: Economic Development
Mayor Masiarczyk asked if everyone had read the Local Preference Ordinance and Mrs.
Vose responded that she had made some changes to the proposed ordinance. Mrs. Vose
stated she sent out the changes however it does not address Mayor Masiarczyk's concern.
She handed out copies of the revised ordinance and she went over the changes. She
stated she received a suggestion that relates to the time line in that it did not have how long
the vendor had to do the second bid and she added a time of five (5) days. She stated
another change is if something is within the City Manager's $25,000 limit and the City
Manager does not give the local preference she is required to have written justification and
she has to notify the City Commission. She stated also rather than saying the City is
preserving the City's right to make decisions on who is awarded a bid is based upon the
terms "character and fitness" has been replaced with "reputation in the community and prior
performance" which are more defensible terms.
Commissioner Herzberg asked to clarify that "piggybacking" on a State or County contract
is not affected in case someone questions why local preference was not used. Mrs. Vose
explained the reason it does not apply is it is under a competitive bid solicitation and
"piggyback" is not a competitive bid solicitation and neither is a "sole source" contract.
Commissioner Herzberg questioned the use of the word "may" and Mrs. Vose explained if
the City uses the word "may" to do something when it has to do with bids that puts
discretion in and the City must have standards for that discretion; when it applies and when
does it not so that is why "shall" is used. Commissioner Herzberg stated she also had
concerns about the definition of a local business "physical address" and Mrs. Vose
responded that the ordinance specifically says Post Office boxes are not verifiable and can
not be used for purposes of establishing a physical address.
There was no other discussion on this item.
B. Public Hearing - Ordinance No. 16-2016, amending Sec. 38-116, “Notice to
City of Deltona Page 2 Printed on 6/3/2020
City Commission Minutes July 5, 2016
Correct Violation” providing for 24 hour posting before abatement of repeat
nuisance, at second and final reading - Becky Vose, Legal Department
(407) 448-0111.
Strategic Goal: Beautification.
Mayor Masiarczyk stated the only question he had was to clarify this was for a repeat
offender and the property owner will be fined and City Manager Shang responded "yes".
There was no other discussion on this item.
C. Public Hearing - Ordinance No. 25-2016, Amending Section 18-103, relating
to demolition of structures, by allowing a structure that is to be demolished
to be utilized before demolition as the site of Deltona Fire Department and
Volusia County Sheriff’s Office training, at second and final reading - Becky
Vose, Legal Department (407) 448-0111.
Strategic Goal: Beautification and Public Safety
There was no discussion on this item.
D. Public Hearing - Resolution No. 2016-27, Establishing the Preliminary
Annual Rate Resolution - Stormwater Services for FY 2016/2017 - Robert
Clinger, Finance Department (386) 878-8552.
Mayor Masiarczyk stated he received a question from a resident asking how the City
decides the amount of money needed for setting the rate and he explained the rate does
not change but the money is used for projects that are preventative in nature. He stated the
resident also asked what if the City stops a couple of projects would the rate be lowered
and Mayor Masiarczyk responded in theory "yes" but the Commission would have to
approve that. He stated he is not in favor of reducing the rate and it is not in the City's best
interest to do that as the storm water rate is collected for projects that eliminate potential
problems.
There was no other discussion on this item.
E. Public Hearing - Resolution No. 2016-28, Establishing the Preliminary
Annual Rate of Assessment for Solid Waste Services for FY 2016/2017 -
Robert Clinger, Finance Department (386) 878-8552.
There was no discussion on this item.
F. Public Hearing - Resolution No. 2016-29, Establishing the Preliminary
Annual Rate Resolution - Streetlighting Services for FY 2016/2017 - Robert
Clinger, Finance Department (386) 878-8552.
City of Deltona Page 3 Printed on 6/3/2020
City Commission Minutes July 5, 2016
There was no discussion on this item.
10. OLD BUSINESS:
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
Commissioner Schleicher commented on the Volusia County adopted ordinance allowing a
deputy the option to write a ticket for anyone who is caught with 20 grams or less of
cannabis instead of arresting that person and that only covers the unincorporated area of
Volusia County which is pretty much all around the City of Deltona. She asked should the
City of Deltona adopt an ordinance for uniformity and Mayor Masiarczyk responded can the
City just copy the Volusia County ordinance and he asked if any other city has done this and
Mr. Baker responded the City of Daytona has. Mayor Masiarczyk suggested that staff get a
copy of the ordinances and he asked that Commissioner Schleicher to bring this topic up
under New Business.
Commissioner Herzberg asked to bring up the topic of communication like with the
garbage where some people did not get the information about the change in the pickup
schedule for the holiday. She stated when Volusia County and the School Board have
issues they utilize the Reverse 911 system or robo calling system and she asked what
would the City be looking at to do something like that. Mayor Masiarczyk stated he is very
reluctant to use the Reverse 911 system for anything other than an emergency and most
people do not answer; they look at the caller ID and wait for a statement. He added the City
has always talked about signage and the City has signs but, the messages need to be
changed more often and he referred to the signs that Mr. Larry Kent has. He suggested a
message like "Happy 4th of July and remember trash will picked up one (1) day later" could
be put on the signs and the City may have to someday go to digital signs.
There was no other discussion.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:51 p.m.
_________________________________
Janet Day, Deputy City Clerk
City of Deltona Page 4 Printed on 6/3/2020
Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Tuesday, July 5, 2016 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review Meeting
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Silent 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 June 20, 2016 - Joyce
Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: June 20, 2016 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
6. CITY COMMISSION SPECIAL REPORTS:
7. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and
comments on items listed on the agenda will take place after discussion of each item.
Citizen comments for any items. (4 minute maximum length per speaker)
City of Deltona Page 1 Printed on 6/3/2020
City Commission Agenda July 5, 2016
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:
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 05-2016, Amending Chapter 2,
“Administration”, by the addition of a new article 10, “Bidding Preference for
Local Vendors”, at second and final reading. - Becky Vose, Legal Department
(407) 448-0111.
Strategic Goal: Economic Development
Background: There has been a request to have a formal ordinance expressing a
local preference for local contractors that would not require additional
costs to the city. The proposed ordinance accomplishes this purpose.
At the City Commission Meeting on June 20, 2016, the City
Commission approved on first reading a tiered ordinance that gives
preference to local, county and state vendors, but requested that a
review be made of other Volusia County local preference ordinances.
A summary of that review follows.
There are 5 other cities in Volusia County that have a local bidder
preference ordinance. Three of them give a local bidder an opportunity
to meet a low bid by a non-local bidder. The other two give a straight
percentage preference to local bidders. The ordinances are
summarized below:
DeLand - For bids $25,000 and over. Local bidder (within city) whose
bid is within 5% of lowest bid is given 5 days to submit final bid equal to
or lower than lowest bid.
Port Orange - three tiers of local preference - local, county and state.
Local (within city) bidder within 8 % of lowest bid is given 5 days to
submit final bid equal to or lower than lowest bid. Same for county, but
5%; same for state, but 3%.
Daytona Beach - If low bidder is non-local, lowest local bidder within
10% of low bid, and low non-local bidder each have 5 days to submit
final bid. Lowest final bid gets award, unless there is a tie and then bid
goes to local bidder.
City of Deltona Page 2 Printed on 6/3/2020
City Commission Agenda July 5, 2016
Holly Hill - For bids $25,000 and over. 5% preference for local; 3% for
county.
Volusia County - Prime local contractors - 3% preference;
subcontractors - 2% preference.
Attachments: Local Preference Ord - Cty State - REV 6-7-16
B. Public Hearing - Ordinance No. 16-2016, amending Sec. 38-116, “Notice to
Correct Violation” providing for 24 hour posting before abatement of repeat
nuisance, at second and final reading - Becky Vose, Legal Department (407)
448-0111.
Strategic Goal: Beautification.
Background: There are a number of residences where there have historically been
repeat violations of our nuisance ordinance, particularly relating to high
grass. As the ordinance is written now, each time there is a notice of
violation, the City has to go through a relatively cumbersome and
lengthy process involving mailed notice to the owner. This ordinance
allows a more streamlined process for abatement of nuisances when a
nuisance is a repeat violation. At the workshop on April 25, 2016, the
city commission agreed to have the ordinance presented for first
reading.
Attachments: Ordinance 16-2016
C. Public Hearing - Ordinance No. 25-2016, Amending Section 18-103, relating to
demolition of structures, by allowing a structure that is to be demolished to be
utilized before demolition as the site of Deltona Fire Department and Volusia
County Sheriff’s Office training, at second and final reading - Becky Vose,
Legal Department (407) 448-0111.
Strategic Goal: Beautification and Public Safety
Background: The City of Deltona is now permitted to demolish certain unfit and
unsafe structures, and it was suggested that such structures before
demolition could be used for a short period of time for training by the
Deltona Fire Department and Volusia County Sheriff’s Office. This
ordinance would allow such use.
Attachments: Ordinance No. 25-2016
D. Public Hearing - Resolution No. 2016-27, Establishing the Preliminary Annual
Rate Resolution - Stormwater Services for FY 2016/2017 - Robert Clinger,
Finance Department (386) 878-8552.
City of Deltona Page 3 Printed on 6/3/2020
City Commission Agenda July 5, 2016
Background:
The Stormwater Utility System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-158 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for stormwater utility assessments for FY 2016/2017. Staff is
proposing the current annual rate of $108.00 per ERU (Equivalent
Residential Unit).
Attachments: 2016-27-Resolution - Preliminary Stormwater rate
E. Public Hearing - Resolution No. 2016-28, Establishing the Preliminary Annual
Rate of Assessment for Solid Waste Services for FY 2016/2017 - Robert
Clinger, Finance Department (386) 878-8552.
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 54-158 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. The annual solid waste assessment rate
for FY 2016/2017 is proposed at $173.96 per Equivalent Residential
Unit (ERU) which reflects no increase from the rate for the current fiscal
year. Attached is the Annual Rate Resolution for solid waste
assessments.
Attachments: 2016-28-Resolution - Preliminary Solid Waste assessment
F. Public Hearing - Resolution No. 2016-29, Establishing the Preliminary Annual
Rate Resolution - Streetlighting Services for FY 2016/2017 - Robert Clinger,
Finance Department (386) 878-8552.
Background:
The Streetlighting Services System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-253 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The proceedings for adoption of
an Annual Rate Resolution require the adoption of a Preliminary and
City of Deltona Page 4 Printed on 6/3/2020
City Commission Agenda July 5, 2016
Annual Rate Resolutions. Attached is the Preliminary Annual Rate
Resolution for street lighting assessments.
Attachments: 2016-29-Resolution - Preliminary Streetlighting
10. OLD BUSINESS:
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
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 5 Printed on 6/3/2020
Get email alerts for Deltona
A daily email when new agendas and minutes are posted.