City Commission Workshop
Regular MeetingDeltona, FL · January 25, 2016
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission Workshop
Monday, January 25, 2016 5:30 PM 2nd Floor Conference Room
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor John Masiarczyk.
2. ROLL CALL – CITY CLERK:
Present: 7 - Commissioner Herzberg
Commissioner Honaker
Commissioner Schleicher
Commissioner Smith
Commissioner Soukup
Vice Mayor Nabicht
Mayor Masiarczyk
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 listed on the agenda will take place after discussion of each
item.
Mayor Masiarczyk opened the meeting for public comments.
Larry Kent, 235 River Village Drive, DeBary, stated he would like to make the
Commission aware of Florida's budget eliminating sales tax on commercial rent and that
this could be a big threat to the City of Deltona.
Mayor Masiarczyk asked staff to notify the City’s Lobbyist about this issue.
Mayor Masiarczyk closed the meeting for public comments.
4. BUSINESS:
A. Discussion re: Holiday Events and Future Planning - Steve Moore, Parks &
Recreation, (386) 878-8900
City Manager Shang stated that this past holiday season was amazing for the City, that
the City held four (4) major events in a 10 day period which included the holiday parade,
the lighting of City Hall, Santa's North Pole and the City's 20th Anniversary Celebration.
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She stated the response from the community was overwhelming, staff was proud and
that she would like to set the bar higher for next year. Ms. Shang proposed starting the
holiday parade on Howland Blvd. at Fire Station 65, utilizing Providence Blvd. and
ending the holiday parade at City Hall. She stated she has been working with the
Volusia County Sheriff's Office (VCSO) and other departments to move the parade to
the gateway of the City, that the proposed route would allow for more parking and it
would allow the parade to end at City Hall.
The Commission and staff discussed lighting on the proposed route, the parade
jamming up traffic at City Hall, bringing the floats into the library, parking at Daytona
State College, safety concerns about utilizing Howland Blvd., west bound traffic being
open during the parade, not being able to throw candy from the floats and possibly
revising the ordinance to be able to do so, the distance of the proposed route being 1.7
miles and the schools allowing students to participate in the parade.
Ms. Shang proposed moving Santa's North Pole to the Commission Chambers.
The Commission and staff discussed residents wanting to take a picture with Santa,
making two (2) lines; one (1) for residents who want to take a picture with Santa and
one (1) for residents who want to see the decorations, how the decorations will affect
the December Commission Meeting, coordinating Santa's North Pole with the Lighting of
City Hall event which will have food vendors, carolers and hot chocolate at the event.
They also discussed extending Santa's North Pole to two (2) days, having snow at the
events. They discussed the need for a master list of invitees for all events that includes
past Commissioners, all elected officials, the legislative delegation, Senators, local
representatives, the Volusia Delegation, the Volusia County Council, business owners
and the Boys and Girls Club. There was also discussion on coordinating events with
surrounding cities, having the City’s decorated floats participate in the surrounding city’s
parades and creating a calendar of events for the whole year.
Mayor Masiarczyk opened and closed the meeting for public comment.
The Commission and staff discussed extending the sidewalks in front of City Hall from
the Parks and Recreation Department entrance at City Hall to the public sidewalks and
decorating the medians.
B. Discussion re: Amending Section 50-3 and 50-28 of the Solid Waste
Regulations - Dale Baker, Deputy City Manager (386) 878-8852.
Ms. Shang apologized for pictures being on facebook and not properly explaining why
the picture was given. She presented correct and incorrect examples of trash, solid
waste containers and bulk trash. Ms. Shang explained that Waste Pro has agreed to
allow a second container and that a resident can purchase their own container or get a
second container from Waste Pro for $3 per month. She stated the reason for residents
not being able to buy the second container from Waste Pro for $75 is that at the end of
the contract the containers would be Waste Pro's and the resident must give them back
so it is easier for the resident to pay $3 per month.
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The Commission and staff discussed replacement cans, Waste Pro retaining ownership
of the containers, nit picking residents, educating residents, recycling containers who do
not have lids and cleaning recycling items before they goes in the bin.
Ms. Shang stated that garbage is doublinging in quanitity, that residents can use their
own container as long as it is the square style and that yard waste has been doubled to
16 bags or bundles. She advised that in return the City would like trash in the container
and for residents to call to schedule a pickup before placing bulk trash at the street.
She stated that amnesty days are now included, there will need to be a change of habits
and an education period. She advised that the goal is to have the second reading on
February 15th, 2016, have a 3.5 month education period and begin implementation on
June 1st, 2016.
The Commission, staff and Tim Dolan discussed the image of Deltona, fining residents
who violate the solid waste ordinance, the cost of enforcing the proposed solid waste
ordinance, establishing a renters ordinance, roll away recycling containers, co-mingling
of recyclebles, contracting animal control to Volusia County, having the City do their own
yard waste pick up with a clam truck, community burgluar dumpsters after Christmas,
establishing a school recycling program and unlimited waste.
After discussion, the City Commission concurred to move forward with amending
section 50-3 and 50-28 of the solid waste regulations.
Mayor Masiarczyk opened the meeting for public comments.
Anthony Ochiuzzo, 563 Belltower Avenue, Deltona, stated that a clam truck is a great
idea, that the City needs more people to do the job, that he picks up the trash, cans and
garbage and that he calls solid waste for the issues and that nothing ever gets done.
The Commission and staff discussed commercial and duplex properties having one (1)
solid waste charge on the tax bill for one (1) residential pick up for the building.
Mr. Ochiuzzo asked the Commission why Public Works employees cannot report solid
waste violations to the Solid Waste Department. Mayor Masiarczyk responded that it
gets into a budget item and that the Public Works employees have to do their own job.
Smiley Thurston, 608 Saxon Boulevard, asked the Commission if they really need to
advertise "trash, put it in the bin" on the two electronic boards because it does not look
good. The Commission responded that it is a part of the education program and that it
is already working.
The Commission and staff discussed commercial and duplex properties only having one
(1) soild waste and stormwater charge on the tax bill for one (1) residential pick up.
The Commission directed staff to look into commercial and duplex properties only
having one (1) solid waste and stormwater charge on the tax bill.
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C. Discussion re: possible door to door solicitation ordinance - Becky Vose,
Legal Department, (407-448-0111)
The Commission and staff discussed solicitors, Florida Statute 501.022 and its
exemptions, the Volusia County Sheriff’s Office (VCSO) enforcing F.S. 501.022, Code
Officers enforcing the ordinance, stopping solicitors from harassing residents, education
of F.S. 501.022, getting magnets with important numbers on it for residents and Public
Information Officer Lee Lopez creating a segment on D-TV on F.S. 501.022 and
solicitors.
After discussion, the Commission concurred to not go forward with the door to
door solicitation ordinance.
Commissioner Herzberg spoke about Senate Bill 116 by Senator Hukill and its
companion, House Bill 247 by Representative Fitzenhagen which would reduce the
sales tax from six percent (6%) to five (5%). She stated they want to try to phase out
taxes levied on rental properties, but as of now they are working on reducing it and have
advised the estimated annual fiscal impact is $38 million annually.
Mr. Ochiuzzo stated that he has no solicitation signs on his door and steps and solicitors
still come to his house.
Mr. Kent stated he talked to Commissioner Schleicher recently about the ordinance and
he understood her frustration, that Deltona should not let solicitors in and he asked the
Commission to let the County know Deltona is a no solicitation zone.
City Attorney Vose stated that Mr. Kent’s suggestion is called a Green River Ordinance
and that they are typically not upheld in court.
5. CITY MANAGER COMMENTS:
None.
6. ADJOURNMENT:
There being no further business the meeting adjourned at 7:23 p.m.
__________________________________
Karissa Cook, Administrative Assistant II
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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 Chris Nabicht
Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Nancy Schleicher
Commissioner Diane J. Smith
Commissioner Brian Soukup
Monday, January 25, 2016 5:30 PM 2nd Floor Conference Room
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 listed on the agenda will take place after discussion of each
item.
4. BUSINESS:
A. Discussion re: Holiday Events and Future Planning - Steve Moore, Parks & Recreation,
(386) 878-8900
Background: During the holiday season the City of Deltona put on four (4) events
in 10 days. This item is so the Commission can provide their
thoughts and suggestions for the next holiday season.
B. Discussion re: Amending Section 50-3 and 50-28 of the Solid Waste Regulations - Dale
Baker, Deputy City Manager (386) 878-8852.
Background: At the Commission Meeting held on January 4, 2016 the
Commission voted 6 to 1 to approve Ordinance No. 01-2016, to
revise Chapter 50, Solid Waste, Sections 50-3 and 50-28 of the
City’s Code of Ordinances with changes. This workshop is to discuss
further changes prior to second and final reading tentatively
scheduled for February 15, 2016.
Below are some recommendations which will make it easier for
citizens to understand and improve the look of our City. The biggest
changes are:
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City Commission Workshop Agenda January 25, 2016
· Garbage must be placed in either the contract provided
container or an equivalent customer provided container (no
trash bags and no 32-gallon personal containers);
· Acceptable quantities doubled (up to two (2) 96-gallon
residential containers);
· Prior notice and scheduling of bulk trash/junk will be required
before placing the item(s) out for pickup (acceptable quantities
are also better defined); and
· Acceptable levels of yard trash have doubled (from four (4) 32
-gallon containers or eight (8) garbage bags to sixteen (16)
garbage bags/piles).
Amnesty of the quantity limitations will be allowed during the week
following Christmas, New Year’s Day and any other amnesty day(s)
determined by the City of Deltona. Upon approval, an
educational/outreach program will be implemented. Enforcement is
planned to begin June 1, 2016
C. Discussion re: possible door to door solicitation ordinance - Becky Vose, Legal
Department, (407-448-0111)
Background: In 2012, the City Commission considered, but did not adopt, an
ordinance regulating door to door solicitations. A City Commissioner
has asked that this subject be revisited. There is a Florida Statute
(FS501.022) that requires a “Home Solicitation Permit” to be issued
by the County Clerk’s office for home solicitations everywhere in
Florida.
The State Statute required permit is quite elaborate in that it requires
fingerprinting and background check before a permit is issued.
Attached is a copy of the relevant Florida Statutes and a draft
ordinance making failure to have a county issued permit an
ordinance violation in Deltona.
Captain Erik Eagan has now informed the City that the State Statute
is not prosecuted by the County, but violations are referred to the
State Attorney’s Office.
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
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City Commission Workshop Agenda January 25, 2016
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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