City Commission Workshop
Regular MeetingDeltona, FL · October 26, 2015
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission Workshop
Monday, October 26, 2015 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor John Masiarczyk.
2. ROLL CALL – CITY CLERK:
Commissioner Soukup left the meeting at 7:14 p.m.
Present 6 - Commissioner Soukup, Commissioner Smith,
Commissioner Honaker, Commissioner Herzberg,
Commissioner Schleicher, and Mayor Masiarczyk
Excused 1 - Vice Mayor Nabicht
3. PLEDGE TO THE FLAG:
The City Commission and staff said the pledge to the flag.
PUBLIC COMMENTS – Citizen comments limited to items not on the agenda and
comments on items on the agenda will take place after discussion of each item.
(4 minutes maximum length per speaker)
Mayor Masiarczyk opened and closed the meeting for public comment as there were
none.
4. BUSINESS:
A. Discussion re: Brief update on Trap Neuter Release (TNR) Program and
Release Area - Dale Baker, Deputy City Manager (386) 878-8852.
Deputy City Manager Dale Baker gave an update on the Trap, Neuter, Release
Program. Mr. Baker stated that there is now another veterinarian that will hold the cats
until they are recovered from the surgery. He recommended continuing the program for
another three (3) years, and if the Commission agreed, he would bring a Resolution to
the next Regular Commission Meeting.
The Commission discussed dog programs, found animals being placed on the City's
Facebook page, grants for spaying and neutering dogs, Commissioner Herzberg's
dedication to the program, the reason for extending the program three (3) years, a trap,
neuter, release point and a holding facility for the animals.
Bob Belt, 2605 Fairmont Avenue, New Smyrna Beach, stated that trap, neuter and
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remove does not work because cats are territorial which is why they practice trap,
neuter, release. He stated that if a cat is trapped and brought to another territory that it
will return to its original territory. The only way to stop this behavior is by confining the
cat for 30 days or longer which may result in stress to the cat. He stated that trap,
neuter, release works best because the nuisance behaviors go away once the cat is
fixed.
After discussion, the Commission concurred to continue the trap, neuter, release
program for three (3) years.
Commissioner Herzberg thanked the City Manager, Deputy City Manager, Angela Meyer
and the volunteers for making the program a success.
Smiley Thurston, 608 Saxon Boulevard, Deltona, stated that Angela Meyer now keeps a
map of all of the cat colonies in the City of Deltona, that there are around 45 cat
colonies in the City and how he now understands why relocating the cats will not work.
Mayor Masiarczyk apologized for going through the agenda so quickly but, that this is
because the Commission decided to have two (2) hour workshops.
B. Discussion re: Sign Ordinance - Becky Vose, Esq., City Attorney, (386)
878-8872, and Chris Bowley, AICP, Planning and Development Services
Department (386) 878-8602.
The City Attorney stated that she sent the Commissioners information on a new U .S.
Supreme court case that was released in June which dramatically changes the
foundation of how a city regulates signs and that the bottom line is if you need to read
the words on the sign or interpret a picture on a sign to see if the regulation applies then
the regulation is an unconstitutional regulation.
The Commission and staff discussed content of signs, signs in the right -of-way, treating
all signs the same, the structure of the sign, time frames for sign permits, yard sale
signs and location of signs.
Planning and Development Services Director Chris Bowley explained signage types,
sign code, permanent signs, temporary signs, signage, pylon pole signs, monument
freestanding signs, multi-tenant signage, multiple frontage properties, wall signs,
electronic changeable copy signs, window signage, house of worship signs, subdivision
signs, temporary real estate signs and gave a summary on signage.
The members of the Deltona Business Alliance (DBA) were introduced to include Vice
President Rafael Ramirez, Larry Kent, Frank Demarsh, Jean Armstrong, George Voll,
Ruben Colon and Denise White.
Larry Kent stated he understood the current code but, he believed that it is too
restrictive, that the free market will dictate what the signs will be, that signs must meet
140 mile an hour wind load, that he is grateful for the meeting and that many newspaper
articles state that Deltona is not business friendly.
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Ruben Colon stated that he participated in the visioning session and that many
residents stated they wanted businesses involved and he explained his presentation on
signs. He explained the urban design pattern book that was adopted by the City
Commission on August 4, 2008 and what the current signs in the City look like.
Mr. Kent explained pictures of the sign at Dr. Azmat's office and how the current code
affected the sign being replaced and the view of the sign from the road.
Mr. Colon presented pictures of Bethune Cookman University, Saxon Medical Park and,
Walmart signs. He stated that businesses must put messaging for outlying businesses
at the bottom of the sign which many cannot see.
Mr. Kent presented examples of monument signs and pole signs. He stated that his
recommendation is for the City to rethink the sign size and that the City needs pole
signs.
The Commission discussed the maintenance of signs.
Commissioner Smith asked the DBA if the sign Ordinance reflected what they gave
input on.
Mr. Kent stated that they took out unnecessary requirements and that signage should
not and will not all look the same.
Commissioner Smith clarified that the sign Ordinance reflected what the DBA
recommended and Mr. Ramirez stated that the sign Ordinance is not what the
orginazation proposed.
A member of the Deltona Business Alliance stated that sign Ordinance could not be
condensed to five (5) pages, that the City Attorney added technical verbiage back into
the ordinance and he asked the Commission to look at sections 102-71 and 102-106 of
the sign Ordinance and the section of the Ordinance detailing wall signs.
The Commission discussed receiving specifics that need to be changed in the
Ordinance, pole signs, the design of the signs, the maintenance of signs, how signs are
made and beautifying the City.
Mayor Masiarczyk left the meeting at 6:47 p.m.
The Commission discussed a sign meeting the wind load requirement and the building
code, code enforcement enforcing issues with signs, maintenance and repair of signs,
signs reflecting what is in the community, ineffective signs and size of signs and visibility
of signs.
Mayor Masiarczyk returned to the meeting at 6:50 p.m.
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The Commission discussed pole signs, monument signs, broken signs, sign
maintenance, enforcing sign maintenance, beautifying the City, and construction and
maintenance standards as it pertains to signs.
Commissioner Honaker left the meeting at 7:03 p.m.
The Commission discussed temporary signs and special event signs.
Commissioner Honaker returned to the meeting at 7:05 p.m.
The Commission, staff and the DBA discussed having a workshop on the sign
Ordinance, the DBA's proposed sign Ordinance, the City of Deltona’s signs, and the size
of signs.
Commissioner Soukup left the meeting at 7:14 p.m.
After discussion, the Commission concurred to have staff create a proposal that
can be discussed line by line at a City Commission workshop.
The Commission and the DBA discussed the size of signs, regulations of signs,
aesthetically pleasing signs and temporary signs.
City Attorney Vose stated that she will work with Planning and Development Director
Chris Bowley and staff to come up with a draft proposal for the DBA to view and then
have another joint workshop with the DBA.
City Manager Shang suggested for the DBA to e-mail staff their comments, to have
another meeting with staff and to have another joint workshop with the DBA.
Smiley Thurston, 608 Saxon Boulevard, Deltona, stated that Larry Kent deserves a
compliment for Justin Square being one (1) of the nicest looking signs in the City and
that many of the offenders of temporary sings are churches and non-for-profits.
Ms. Armstrong thanked the Commission.
Mr. Kent thanked the Commission for allowing the DBA to participate in the meeting and
he stated it was a great process.
Mr. Ramirez stated that he will wait for the City Manager to provide a document.
The Commission discussed getting Code Enforcement involved in the sign Ordinance.
City Manager Shang asked that the DBA send their comments to staff.
The Commission discussed staff crafting the sign Ordinance.
Richard Marling, Orange City Merchant's Association, complimented the Commission on
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the meeting with the DBA.
Commissioner Honaker stated that he attended the Relay for Life meeting and that Chip
Burton with Top Shelf Car Wash would sponsor a Commission team for Relay for Life.
The Commission concurred to have Commissioner Honaker get the Commission a
date for the fundraiser at Top Shelf Car Wash.
5. CITY MANAGER COMMENTS:
6. ADJOURNMENT:
The Meeting adjourned at 7:29 p.m.
______________________________
Karissa Cook, Administrative Assistant
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission Workshop
Mayor John C. Masiarczyk Sr.
Vice Mayor Nancy Schleicher
Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Diane J. Smith
Commissioner Brian Soukup
Monday, October 26, 2015 5:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. PLEDGE TO THE FLAG:
PUBLIC COMMENTS – Citizen comments limited to items not on the agenda and
comments on items on the agenda will take place after discussion of each item.
(4 minutes maximum length per speaker)
4. BUSINESS:
A. Discussion re: Brief update on Trap Neuter Release (TNR) Program and
Release Area - Dale Baker, Deputy City Manager (386) 878-8852.
Background: At the Commission Meeting held on Monday, October 5, 2015 the
Commission requested an update on the status of the Trap Neuter
Release (TNR) program and to discuss a city release area.
Attachments: MEMO TNR
B. Discussion re: Sign Ordinance - Becky Vose, Esq., City Attorney, (386)
878-8872, and Chris Bowley, AICP, Planning and Development Services
Department (386) 878-8602.
Background: The City of Deltona’s (the City) Sign Code is Chapter 102, within the
Code of Ordinances. The City has provided four major amendments
and rewrites of that Sign Code within the past five years. The
amendments have centered on updates to signage types, allowance
of electronic changeable copy signs, inclusion of handheld sign
standards, and vesting of existing signs, as an example. The current
Sign Code has a foundation based on the City of Port Orange’s
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City Commission Workshop Agenda October 26, 2015
signage regulations, which were referenced at the time as being a
model sign ordinance.
Since the last major amendment to the Sign Code, signs within the
City have been discussed for dimensional and locational criteria,
land use types, etc. and need to be readdressed. In addition, new
national case law at the U.S. Supreme Court concerning signage
content (Reed v. Town of Gilbert, Arizona) and requests from the
Deltona Business Alliance (DBA) have prompted a joint City
Commission Workshop with the DBA to review the City’s existing
Sign Code. To assist in that review, a presentation has been created
that provides a graphic example of the Sign Code to existing sign
types and a summary that distinguishes the difference between
permanent and temporary signs, their purpose and quality for the
community, land uses per sign type, and the use of a sign code for
requirements other than dimensional/locational criteria.
Attachments: Chapter 102 Sign Code
Signage Memo 101215
Reed v Town of Gilbert Ariz
5. CITY MANAGER COMMENTS:
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.
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