City Commission
Regular MeetingDeltona, FL · November 15, 2021
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 15, 2021 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
Present: 7 - Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Vice Mayor Bradford
Mayor Herzberg
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Sosa.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of November 1,
2021, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
approve the minutes of the Regular Commission Meeting of November
1, 2021, as presented. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation-Proclaiming the Week of November 7-13 as “HOSA
Week-Shatter Your Expectations”.
B. Proclamation - Proclaiming November 2021 -Native American Heritage
Month
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C. Presentation by Volusia Sheriff Mike Chitwood.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 06-2021, Amending Ordinance No. 21-2009,
as amended by Ordinance No. 10-2018, representing a Major Amendment
to the Deltona Village Business Planned Unit Development (BPUD) to
incorporate eight (8) separate parcels totaling approximately 10.3 acres to
the BPUD and vacating certain lots and right of ways associated with
various additions to the Davis Park plat. Ron A. Paradise, Director,
Community Development, (386) 878-8610.
Strategic Goal: Economic Development - Expanding target business niche.
City Attorney Marsha Segal-George explained the process for a quasi-judicial hearing and
asked everyone who would be offing testimony on this item to please stand, raise their right
hand and she swore them in.
Each City Commissioner expressed their ex parte communications.
Planning and Development Services Director Ron Paradise gave a brief explanation of the
item.
Mayor Herzberg opened the public hearing.
Elbert Bryan, Deltona, spoke about vacating the land, what is the City getting in return and
limits on usage.
Mayor Herzberg closed the public hearing.
Each Commissioner gave the reason for their vote.
Commissioner Avila-Vazquez - Yes, all the requirements were met.
Commissioner King - Yes, it is consistent with the Comprehensive plan.
Commissioner McCool - Yes, it has met the requirements.
Commissioner Ramos - Yes, it meets all of the requirements.
Commissioner Sosa - Yes, it met the requirements
Vice Mayor Bradford - Yes, it met all of the requirements of everything the City has with
comp plan.
Mayor Herzberg - Yes, it has followed the process and met the requirements.
Motion by Vice Mayor Bradford, seconded by Commissioner Ramos, to
adopt Ordinance No. 06-2021 by adding eight (8) parcels totaling
approximately 10.3 acres to the Deltona Village Business Planned Unit
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Development and vacating certain lots and right of ways associated
with the Davis Park subdivision, updating the Deltona Village BPUD
MDP, and schedule a second and final hearing for December 13, 2021.
The Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
B. Public Hearing - Resolution No. 2021-38, a resolution to grant a conditional
use for a Community Residential Home located at 1059 E. De Carlo Drive. -
Ron Paradise, Director, Community Development (386) 878-8610.
Strategic Goal: Economic Development - Expanding target business niche
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
King, to approve Resolution No. 2021-38 granting a Conditional Use for a
Community Residential Home located at 1059 E. De Carlo Drive subject
to the following conditions:
1) The dwelling shall serve no more than three (3) non-related elderly
residents within the dwelling.
2) All residents and related services shall be directly associated with
and regulated by the Agency for Health Care Administration (AHCA).
3) The Community Residential Home shall remain under management
and ownership of Brenda Cruz, the property owner of 1059 E. De Carlo
Drive. A change of ownership shall require a new conditional use to
operate a Community Residential Home.
4) The applicant shall continue to utilize the dwelling as a primary
residence, including maintaining the residence as a homesteaded
dwelling.
5) No signage shall be allowed besides what is allowed for a home
occupation.
6) The proposed Community Residential Home service is for an Adult
Family Care Home; if the applicant desires to provide any other
services, a new conditional use application shall be submitted to the
City for review and action.
The Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
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vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
C. Public Hearing - Resolution No. 2021-59, Approval to Transmit the
Affordable Housing Advisory Committee 2021 Incentive, Review and
Recommendation Report - Ron A. Paradise, Director, Community Services
(386) 878-8610.
Strategic Goal: Economic Development - create more diversified housing
opportunities.
Motion by Vice Mayor Bradford, seconded by Commissioner King, to
approve Resolution No. 2021-59 and direct the City Manager to transmit
the Affordable Housing Advisory Committee 2021 Incentive and
Recommendation Report to the Florida Housing Finance Corporation.
The Acting City Manager has the authority to make corrections of
scrivener's errors and the like. The motion carried by the following
vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
7. OLD BUSINESS:
A. Consideration of Commissioner Ramos’ appointment to the Planning and
Zoning Board and two alternate members for the remainder of their terms.
- Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal/External Communication
Motion by Commissioner Ramos, seconded by Vice Mayor Bradford, to
confirm Commissioner Ramos' appointment of Jesus Gonzalez for the
remainder of a term to expire on March 15, 2023 to the Planning and
Zoning Board. The motion carried by the following vote:
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For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to
confirm the Commission's alternate appointment of Crystal Lilly for the
remainder of a term to expire on March 15, 2022 to the Planning and
Zoning Board. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Motion by Commissioner King, seconded by Vice Mayor Bradford, to
confirm the Commission's alternate appointment of Adam Kemmerling
for the remainder of a term to expire on March 15, 2022 to the Planning
and Zoning Board. The motion carried by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
8. NEW BUSINESS:
A. Request for approval of an adjustment of the Acting City Manager’s
Compensation based on his Superior to Excellent evaluations - John A.
Peters, III, P.E., Acting City Manager, (386) 878-8858.
Strategic Goal: Internal and External Communication
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to authorize an adjustment to the Acting City Manager's
compensation of $177,049.00 based on the Commission's Annual
Evaluations as submitted. The motion carried by the following vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner McCool,
Commissioner Ramos, Commissioner Sosa, Vice Mayor
Bradford, and Mayor Herzberg
Against: 1 - Commissioner King
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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. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. However, individual Commissioners may wish to respond under their
"City Commission Comments". 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.
Steven Evans, 1310 Lake baton Drive, Deltona, spoke about high water bills.
Lilllian Gonzalez, 1210 Fort smith Blvd., Deltona, spoke about traffic incidents in front of her
property and response time.
RoseMary Gonzalez, 2732 Haulover Blvd., Deltona, spoke about traffic violations in her
area.
Larry Mack, 591 Antelope Dr., Deltona, spoke about the Oath Keepers and Commissioner
King.
Phillip Loranger, 25 s. Courtland Blvd., Deltona, spoke about trigger words.
Michael Williams, 2889 Cottage St., Deltona, spoke about recalling Commissioner King.
Cathy Bryan, 1625 Joyner Dr., Deltona, spoke about the process of looking for a City
Manager and accusations.
John Brunoehler, District 6, spoke about support for Commissioner King.
Jim Pescha, 1120 N. Old Mill Dr., Deltona, spoke about support for Commissioner King.
Elbert Bryan, Deltona, spoke about support for Commissioner King.
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
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.
Elbert Bryan, Deltona, spoke about items should not being placed on Consent Agenda and
wanting items A, B, and G pulled and discussed.
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11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent
Agenda and considered separately. All other matters included under the Consent
Agenda will be approved by one motion. Citizens with concerns should address
those concerns by filling out a public participation slip and giving it to the Deputy
City Clerk prior to Consent Agenda items being pulled.
Commissioners Avila-Vazquez and Commissioner McCool requested Item 11 - A pulled.
A. Request for approval of Resolution No. 2021-60 and budget amendment to
provide funding for of the purchase of the property for the fire training
grounds. - Mari Leisen, Finance Department (386) 878-8553.
Strategic Goals: Fiscal Issues
Motion by Commissioner King, seconded by Vice Mayor Bradford, to
recommend approval of Resolution No. 2021-60 and the budget
amendment to move $200,000 from Municipal Complex Fund Balance to
complete the purchase of the property for the fire training grounds. The
Acting City Manager has the authority to correct scrivener’s errors and
the like.
Amended motion by Commissioner King, seconded by Vice Mayor
Bradford, to commend approval of Resolution No. 2021-60 and the
budget amendment to move $200,000 from Municipal Complex Fund
Balance to complete the purchase of the property for the fire training
grounds, in a form approved by the City Attorney and subject to the title
work received on the property. The Acting City Manager has the
authority to correct scrivener's errors and the like. The motion carried
by the following vote:
For: 7 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos,
Commissioner Sosa, Vice Mayor Bradford, and Mayor
Herzberg
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
approve Consent Agenda Items 11-B through 11-G. The motion carried
by the following vote:
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For: 6 - Commissioner Avila-Vazquez, Commissioner King,
Commissioner McCool, Commissioner Ramos, Vice Mayor
Bradford, and Mayor Herzberg
Against: 1 - Commissioner Sosa
B. Request for approval of Resolution No. 2021-61 Budget Amendment Nos.
2021-88 through 2021-93 for the General Fund, Solid Waste Fund,
Community Development Block Grant Fund, Transportation Fund,
Environmental Improvement Trust Fund and Transportation Impact Fees
Fund for FY 2020-2021 - Mari Leisen, Finance Director, (386) 878-8553.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Approved by Consent - to approve Resolution No. 2021-61, Budget
Amendment Nos. 2021-88 through 2021-93 for the General, Solid Waste,
Transportation, Transportation Impact Fees, CDBG and Environmental
Improvement Trust Funds for FY 2020-21. The Acting City Manager has
the authority to make corrections of Scrivener’s errors and the like.
C. Request to purchase 800 MHz Radio replacements for the Fire Department
and to purchase system upgrades for the remaining radios for the entire
city. - Fire Chief Bill Snyder, Fire Department (386) 575-6902.
Strategic Goal: Public Safety
Approved by Consent - to approve the purchase of 800 MHz Radio
replacements for the Fire Department and the purchase of system
upgrades for the remaining radios for entire city. The Acting City
Manager has the authority to correct scrivener’s errors and the like.
D. Request for approval to replace one (1) aging Aquatech Jet/Vac, (DW-0590)
cost of $445,000.00 based on the Florida Sheriffs Association Contract for
Deltona Water Field Operations. - Steven Danskine, PE, Acting Public
Works Director (386) 878-8998.
Strategic Goal: Equipment Replacement
Approved by Consent - to grant approval to replace one (1) aging
Aquatech Jet/Vac, cost of $445,000.00 based on the Florida Sheriffs
Association Contract for Deltona Water Field Operations. The Acting
City Manager has the authority to make corrections of scrivener’s
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errors and the like.
E. Request for approval to purchase (5) Ford F-150 trucks and (1) Ford F-250
truck, for a total cost of $168,234.00 for Deltona Water Field Operations. -
Steven Danskine, PE, Acting Public Works Director (386) 878-8998.
Strategic Goal: Equipment Replacement
Approved by Consent - to grant approval to purchase (5) Ford F-150
trucks and (1) Ford F-250 truck, cost of $168,234.00 based on the Florida
Sheriffs Association Contract for Deltona Water Field Operations. The
Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
F. Request for approval to replace 2013 Ford F-250 4x2 extended cab
(ES-1302) with an animal storage box with a new Ford F-250 4x2 extended
cab including a new animal storage box at a cost of $50,276.00 for Animal
Control and to replace 2007 Ford F-150 extended cab (ES-0717) with a new
Ford Explorer 4x2 at a cost of $29,642 for Code Compliance. - Ron
Paradise, Director of Community Development (386) 878-8610.
Strategic Goal: Public Safety
Approved by Consent - to grant approval to replace 2013 Ford F-250 4x2
Extended Cab (ES-1302) with a new Ford F-250 4x2 extended cab
including a new animal storage box at cost of $50,276.00 for Animal
Control and to replace 2007 Ford F-150 Extended Cab (ES-0717) with a
new Ford Explorer 4x2 at a cost of $29,642 for Code Compliance. The
Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
G. Request approval of the Task Authorization with Mead & Hunt to design the
replacement of an 8 inch gravity sewer main on Lake Helen Osteen Road,
in accordance with their Agreement with the City of Deltona and RFQ# PW
2020-09 for Continuing On-Call Water & Wastewater Utility Line Engineering
Services in the amount of $59,171.00. - Steven Danskine, Public
Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure
Approved by Consent - to approve the Task Authorization with Mead &
Hunt to design and permit the replacement of the 8 inch gravity sewer
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main on Lake Helen Osteen Road, in the amount of $59,171.00. The
Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Vice Mayor Bradford reported to the Acting City Manager the contacts she has received
from residents about the Christmas parade this year and she requested a way for the City
to beef up advertising of the drive thru Christmas parade at City Hall. The Acting City
Manager advised her of parking difficulties for the parade, the large burden of a parade on
the staff and how much more will be added to the drive thru Christmas parade this year.
Commissioner Avila-Vazquez reported the disappointment from residents over no
Christmas parade and she requested that it be brought back in 2022 and that Deltona
Lakes 50th Anniversary is next year.
Commissioner McCool requested that the traditional parade be brought back and a 4th of
July parade.
Mayor Herzberg requested a Workshop with staff on Special Events for 2022.
After discussion, the Commission concurred to have a Workshop with staff on
Special Events in the beginning of 2022.
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
Commissioner Avila-Vazquez spoke about the Sanford River Walk Ribbon Cutting, what
they have done in Sanford, New Hope Baptist Church Festival and respect for each other
during the meetings.
Commissioner McCool spoke about the Grand Opening of Fresco y Mas Supermarket at
the old Winn Dixie Plaza on Providence Boulevard at 8:00 a.m. on Wednesday, November
17th, speeding problems in different areas of Deltona, attacks against Commissioner King
and racism and discrimination accusations.
Commissioner Sosa spoke about excessive speeding, lack of maintenance at parks,
lighting at Keysville Dog Park and the feral cat problem on Shiprock Court.
Commissioner King spoke about the Grand Opening of Fresco y Mas and the Wreaths
Across America collection deadline.
Vice Mayor Bradford spoke about Santa being at 2515 Walkertown Avenue from 7:00-9:00
p.m. Friday, November 19th, Hope Fest, staying positive and having an awesome
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Christmas season.
Mayor Herzberg spoke about Family Health Source and the State of the City on November
30th at 5:30 p.m. at The Center and who to contact for participation.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:40 p.m.
______________________________
Heidi K. Herzberg, MAYOR
ATTEST:
________________________________
Elizabeth Keys, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Herzberg
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner King
Commissioner McCool
Commissioner Ramos
Commissioner Sosa
Monday, November 15, 2021 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Sosa.
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 Regular Commission Meeting of November 1, 2021,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 1, 2021 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation-Proclaiming the Week of November 7-13 as “HOSA
Week-Shatter Your Expectations”.
Background: HOSA-Future Health Professionals, is a career and technical student
organization for high school, postsecondary and middle school students
who plan to pursue a health career. HOSA provides a strong foundation
for preparing tomorrow’s healthcare professionals through skill
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City Commission Regular Commission Meeting November 15, 2021
development, leadership opportunities, and community service.
HOSA supports and encourage students whose interests lie in pursuing
a health career, promoting the development of responsible citizenship,
personal integrity, and compassion for humanity.
B. Proclamation - Proclaiming November 2021 -Native American Heritage Month
Background: Native American Heritage month has been a recurring monthly event in
November since 1990 when former President George H.W. Bush
signed a resolution declaring November as Native American Indian
Heritage Month. The contributions of American Indians have enhanced
the freedom, prosperity and greatness of our state and nation. Their
roots are deeply embedded in this land and we remain committed to
preserving and protecting American Indian cultures, languages and
history, while ensuring prosperity and opportunity for all American
Indians
C. Presentation by Volusia Sheriff Mike Chitwood.
Background: Presentation by Volusia Sheriff Mike Chitwood.
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 06-2021, Amending Ordinance No. 21-2009, as
amended by Ordinance No. 10-2018, representing a Major Amendment to the
Deltona Village Business Planned Unit Development (BPUD) to incorporate
eight (8) separate parcels totaling approximately 10.3 acres to the BPUD and
vacating certain lots and right of ways associated with various additions to the
Davis Park plat. Ron A. Paradise, Director, Community Development, (386)
878-8610.
Strategic Goal: Economic Development - Expanding target business niche.
Background: The goal of the major amendment to the Deltona Village BPUD is to
add eight (8) parcels totaling approximately 10.3 acres of land. The
amendment does not change any of the uses, development standards
or other parameters of the Deltona Village BPUD. In addition, to assist
in the integration of the eight (8) parcels into the BPUD, ordinance No.
06-2021 also includes the vacation of lots and public rights of way
associated with the first, second and sixteenth additions of an
antiquated 1920’s vintage subdivision known as Davis Park. The
vacation element of this request impacts six (6) of the eight (8) parcels.
The right of way areas that are part of the vacation action total about
one (1) acre of land. These right of ways proposed for vacation
represent half of the original platted right of ways. The other half were
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vacated by the City many years ago at the request of the applicant. The
right of ways have no functional utility for the City currently or into the
future.
The information on the eight (8) parcels is best expressed in a table
format. A table indicating the eight (8) parcels is attached as part of this
agenda package.
For more information see the attached staff report and map series.
The Planning and Zoning Board did hear this request on October 20,
2021. The Planning and Zoning Board did recommend the City
Commission approve the requested amendment to the BPUD and also
indicated the Master Development Plan (MDP) associated with the
Deltona Village BPUD be updated to include the inclusion of the eight
(8) parcels. The applicant has provided an updated graphic to indicate
the inclusion of the parcels into the “Deltona Village Overall Site
Development Plan”. See attached.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the amendment to the Deltona Village BPUD by
adding eight (8) exception/hold out parcels to the BPUD and
vacating certain lots and right of ways.
Advantages:
a. The property can be developed under a more unified
development pattern;
b. A more unified development pattern will facilitate more
synergistic projects at an appropriate scale that are
consistent with modern development forms; and
c. The request is consistent with the Comprehensive Plan by
furthering several provisions that address the repurposing of
antiquated plats to facilitate mixed use development formats.
Disadvantages:
a. The City will be giving up about an acre of land through the
vacation of non-connected, limited utility City right of ways.
2. Do not approve the amendment to the Deltona Village BPUD
by adding eight (8) exception/hold out parcels to the BPUD
and vacating certain lots and right of ways.
Advantages:
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a. The City will retain the approximate one acre of right of way.
Disadvantages:
a. There will be a possibility that there could be a more
uncoordinated and disjointed development pattern not taking
ready advantage of shared access and interconnectivity
associated with a unified development;
b. Some of the eight (8) parcels are too small to accommodate
modern development forms and requirements such as
parking and stormwater;
c. Not incorporating these parcels into the BPUD can hinder
the development of the Deltona Village BPUD by creating
inholdings and exceptions resulting in non-traditional lot
boundaries and design challenges; and
d. Six (6) of the eight parcels will remain as part of the obsolete,
antiquated Davis Park subdivision.
Attachments: Staff Report Ordinance No 06-21
Ordinance 06-2021
Aerial_Photo
LocationMap
FEMA_Map
FLU_Map
Countour
Soil
Deltona Village updated MPD Overall Site Development Plan
EXCEPTION PARCEL TABLE
B. Public Hearing - Resolution No. 2021-38, a resolution to grant a conditional use
for a Community Residential Home located at 1059 E. De Carlo Drive. - Ron
Paradise, Director, Community Development (386) 878-8610.
Strategic Goal: Economic Development - Expanding target business niche
Background: The owner of the dwelling at 1059 E. De Carlo Dr. has requested
Conditional Use approval for a Community Residential Home (CRH).
The goal is the CRH would serve no more than three elderly residents.
Aspects associated with the of care for the elderly residents will be
regulated by the Florida Agency for Health Care Administration
(AHCA). Caregiving activities will be provided by the
homeowner/applicant and another certified nursing assistant.
The property is developed with a 2,686 square foot single-family
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dwelling situated on a lot that is a little less than 14,000 square feet in
size. The site has a paved driveway and the house has a two car
garage - enough to provide adequate parking for activities associated
with the Community Residential Home.
City Code Section 110-814(c) does provide criteria for the location of
CRH facilities within the City. The criteria is as follows:
1) The CRH cannot exceed six non-family residents.
2) The CRH cannot be located within 1,000 feet from other CRH
operations.
3) A business tax receipt must be obtained and maintained.
4) The character of the neighborhood must be protected by
minimizing public and private nuisances.
5) Compliance with all applicable local, state and federal codes,
including the building code is required.
6) Protection of public health, safety and welfare to ensure basic
functions, including utilities, access management, parking and
solid waste are required.
The CRH request was reviewed by City in light of the above criteria and
is recommending the CRH be approved subject to the following
conditions:
1) The dwelling shall serve no more than three (3) non-related
elderly residents within the dwelling.
2) All residents and related services shall be directly associated
with and regulated by the Agency for Health Care
Administration (AHCA).
3) The Community Residential Home shall remain under
management and ownership of Brenda Cruz, the property
owner of 1059 E. De Carlo Drive. A change of ownership
shall require a new conditional use to operate a Community
Residential Home.
4) The applicant shall continue to utilize the dwelling as a primary
residence, including maintaining the residence as a
homesteaded dwelling.
5) No signage shall be allowed besides what is allowed for a home
occupation.
6) The proposed Community Residential Home service is for an
Adult Family Care Home; if the applicant desires to provide
any other services, a new conditional use application shall be
submitted to the City for review and action.
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For more information see the attached staff report.
The Planning and Zoning Board heard the request on October 20,
2021. The Board did recommend unanimously the City Commission
approve the CRH request subject to the conditions suggested by staff.
Finally, as per Section 110-1102(e), a Conditional Use request needs
to be approved by a five vote super majority of the City Commission.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the request subject to the staff suggested conditions
Advantages:
1) The CRH will be limited in scope and will be compatible with
the surrounding neighborhood.
2) The CRH will result in expanded living opportunities for the
elderly.
Disadvantages:
1) Under the suggested conditions, the dwelling unit as a CRH
will remain the ownership of the applicant as a
homesteaded property. This will help ensure continued
owner engagement in the operation but not expand the tax
base.
2. Do not approve the request subject to staff suggested conditions
Advantages:
1) There will be no change in the neighborhood.
Disadvantages:
1) Needs care options for the elderly will be limited.
Attachments: Staff Report_1059 E De Carlo Dr CU21-0003
Resolution No 2021-38
Aerial Photo
Location Map
FEMA Map
FLU Map
Zoning Map
Soil Map
C. Public Hearing - Resolution No. 2021-59, Approval to Transmit the Affordable
City of Deltona Page 6 Printed on 11/10/2021
City Commission Regular Commission Meeting November 15, 2021
Housing Advisory Committee 2021 Incentive, Review and Recommendation
Report - Ron A. Paradise, Director, Community Services (386) 878-8610.
Strategic Goal: Economic Development - create more diversified housing
opportunities.
Background: The State Housing and Initiative Partnership (SHIP) Act, sections
420.907-420.9079, Florida Statues, (hereinafter referred as the SHIP
Act) and Chapter 67-37, Florida Administrative Code (FAC),
(hereinafter referred to as the ‘SHIP Rule’), establish requirements for
SHIP entitlement communities, like Deltona, related to the
implementation of the SHIP Act and the SHIP Rule.
Consistent with Chapter 420.9076 F.S., local governments which
receive funds through the State Housing Initiative Partnership (SHIP)
program are required to establish an Affordable Housing Advisory
Committee (AHAC) with a mission to prepare an affordable housing
incentive review and recommendations report every three years. In
2020, the Florida Legislature changed Chapter 420.9076 F. S. to
require local governments participating in the SHIP program to
establish an AHAC with the intent of preparing an affordable housing
inventive review and recommendations report annually. Another notable
change was the requirement to include a sitting member of the local
government elected body on the AHAC.
Chapter 420.9076 F.S. requires a local government AHAC to review
and provide an analysis of eleven areas that could influence the
provision of affordable housing within the jurisdiction. These areas
range from the affect impact fees can have on affordable housing to the
applicability of providing transit oriented development within the
jurisdiction.
To assist in the formulation of the attached Affordable Housing Advisory
Committee 2021 Incentive, Review and Recommendations Report
(Report), the City hired the Florida Housing Coalition to moderate
meetings of the AHAC and provide assistance in the formulation of the
Report. With regard to the analysis of each area there is a summary of
AHAC discussions and potential recommendations. In some cases
recommendations were not articulated by the AHAC. However, the
report is a dynamic document. The Florida Housing Coalition staff that
did indicate to the AHAC the Report was intended to be revisited and
refined every year. The AHAC as a collective has indicated they are
ready for next year to better define the Report.
The formulation of the Report is necessary to the City to continue to
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City Commission Regular Commission Meeting November 15, 2021
participate in the SHIP program (The City received approximately
$600,000 from the SHIP program this program year.) and the AHAC
did perform its statutory duties. The Affordable Housing Advisory
Committee 2021 Incentive Review and Recommendations Report is
attached and contains the AHAC analysis regarding each area
influencing the provision of affordable housing within the City.
Approval of the AHAC Report authorizes the necessary budget
transfers to facilitate Commission approval and further authorized the
City Manager to sign any documents necessary to further Commission
approval of this item.
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Transmit the AHAC 2021 Incentive Review and
Recommendations Report
Advantages:
a) The City will continue to be able to participate in the SHIP
program and provide housing related assistance to income
eligible households.
b) The report illustrates the City is actively engaged in
affordable housing matters and a willing participant in the
SHIP program.
Disadvantages:
a) None.
2. Do not transmit the AHAC 2021 Incentive Review and
Recommendations Report
Advantages:
a) None.
Disadvantages:
a) The City will no longer be eligible for SHIP funding.
b) Would indicate the City is not interested in addressing
affordable housing matters within the jurisdiction.
Attachments: AHAC Deltona Report_ada
Res. No 2021-59
7. OLD BUSINESS:
A. Consideration of Commissioner Ramos’ appointment to the Planning and
Zoning Board and two alternate members for the remainder of their terms. -
City of Deltona Page 8 Printed on 11/10/2021
City Commission Regular Commission Meeting November 15, 2021
Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal/External Communication
Background: On November 1, 2021 the Commission tabled three (3) appointments
(Commissioner Ramos and two (2) alternates) to the Planning and
Zoning Board until November 15, 2021. Commissioner Ramos’
appointment will serve for the remainder of a term to expire on March
15, 2023. The alternate appointments will serve for the remainder of a
term to expire on March 15, 2022.
The City ran press releases, posted the opening on D-TV, the City's
web page and bulletin boards. To date the City has received
applications from the following individuals: Tyran Basil, Jesus Gonzalez,
Gino Hanco, Adam Kemmerling, Crystal Lilly, Robert B. Lindemann,
Nick Lulli and Lyman Wescott.
OPTIONS:
1. To approve Commissioner Ramos’ selection for appointment and
the Commission’s appointment of two alternate members to the board.
2. To table Commissioner Ramos’ selection for appointment and the
Commission’s appointment of two alternate members to the board.
Attachments: Mr. Kennedy's resignation email
Mr. Trombetta Resignation
Ms. Jordan Resignation
Planning and Zoning Member List
Tyran Basil
Jesus Gonzalez
Gino Hanco
Adam Kemmerling
Crystal Lilly
Robert B. Lindemann
Nick Lulli
Lyman Wescott
8. NEW BUSINESS:
A. Request for approval of an adjustment of the Acting City Manager’s
Compensation based on his Superior to Excellent evaluations - John A. Peters,
III, P.E., Acting City Manager, (386) 878-8858.
Strategic Goal: Internal and External Communication
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City Commission Regular Commission Meeting November 15, 2021
Background: The City Commission has discussed the need for Charter Officer
evaluations and that the results be presented at a public meeting. The
Acting City Manager’s Annual Evaluations as submitted averaged 4.30
which places the Acting City Manager as between Superior and
Excellent on the Evaluation Form.
According to Section 2 (B) of the Acting City Manager’s Contract, the
Acting City Manager should receive an annual increase commiserate
with those of City Directors. The City Commission approved an hourly
increase for all employees of $2.25 or annual amount of $4,680.
Section 2 (C) allows the Commission to make any other adjustments
as they may deem appropriate based on the Acting City Manager’s
performance. In an analysis of Volusia County City Manager’s
Compensation (attached), the Acting City Manager currently receives
approximately $1,469 per year less than the Volusia County average
for a car allowance. In addition, the Acting City Manager would prefer
to only utilize his personal phone, and the average compensation for a
phone is $1,100 annually.
All of these adjustments would result in an annual salary of $169,680
(currently #165,000), a car allowance of $6,269 (currently $4,800) and a
phone allowance of $1,100 (currently $0 due to use of a City phone).
OPTIONS:
1. Authorize a compensation adjustment consisting of an annual
salary of $169,680, a car allowance of $6,269 and a phone
allowance of $1,100 in accordance with Section 2 (B) and (C).
2. Authorize in increase in annual salary of $169,680 in
accordance with Section 2 (B).
3. Authorize a compensation adjustment that the Commission
deems appropriate based on the Annual Evaluations.
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City Commission Regular Commission Meeting November 15, 2021
Attachments: Acting City Manager's Contract
ACM Evaluation Form - King
ACM Evaluation Form - Avila-Vazquez
ACM Evaluation Form - McCool
ACM Evaluation Form - Sosa
ACM Evaluation Form - Ramos
ACM Evaluation Form - Vice Mayor
ACM Evaluation Form - Mayor
ACM Evaluation Score Sheet
Volusia City Managers Compensation Analysis
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. Members of
the City Commission shall not enter into discussion or respond to individuals'
comments during the public forum other than to give directions or to ask for
clarification. However, individual Commissioners may wish to respond under their
"City Commission Comments". 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)
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification. 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.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent Agenda
and considered separately. All other matters included under the Consent Agenda will
be approved by one motion. Citizens with concerns should address those concerns
by filling out a public participation slip and giving it to the Deputy City Clerk prior to
Consent Agenda items being pulled.
A. Request for approval of Resolution No. 2021-60 and budget amendment to
provide funding for of the purchase of the property for the fire training grounds.
- Mari Leisen, Finance Department (386) 878-8553.
City of Deltona Page 11 Printed on 11/10/2021
City Commission Regular Commission Meeting November 15, 2021
Strategic Goals: Fiscal Issues
Background: The commissioners voted to approve $650,000 for the purchase of the
fire training grounds in the Fiscal Year 2021/2022 budget. The
accepted offer from the seller is $850,000. A budget amendment in the
amount of $200,000 has been prepared to make the funds available to
complete the transaction.
OPTIONS:
1. Approve the budget amendment to move $200,000 from
Municipal Complex Fund to complete the purchase of the
property for the fire training grounds.
2. Do not approve the budget amendment to move $200,000 from
Municipal Fund Balance to complete the purchase of the
property for the fire training grounds.
Attachments: 2021-60 Reso - BA 2022-008
BA 2022-008
B. Request for approval of Resolution No. 2021-61 Budget Amendment Nos.
2021-88 through 2021-93 for the General Fund, Solid Waste Fund, Community
Development Block Grant Fund, Transportation Fund, Environmental
Improvement Trust Fund and Transportation Impact Fees Fund for FY
2020-2021 - Mari Leisen, Finance Director, (386) 878-8553.
Strategic Goal: Fiscal Issues - Maintain a Balanced Budget
Background: The Commission approved the annual budget for FY 2020-21 on
September 21, 2020. Staff requests final true-up amendments for the
2020-21 fiscal year as detailed in attached Exhibits A-F to
· Adjust budgeted amounts for line items in the General
(Attachment A) and Solid Waste funds (Attachment B);
· Adjust budget for transfer of revenue from Community
Development Block Grant Fund (Attachment C) and
Transportation Fund (Attachment D) from Transportation Impact
Fees Fund (Attachment F); and
· Adjust budget for expenditures from Environmental Improvement
Trust Fund (Attachment F);
City of Deltona Page 12 Printed on 11/10/2021
City Commission Regular Commission Meeting November 15, 2021
Attachments: 2021-61 Resolution - Budget Amendment Year End True Up
2021-88 General Fund Exhibit A
2021-89 Solid Waste Fund Exhibit B
2021-90 CDBG Fund Exhibit C
2021-91 Transportation Fund Exhibit D
2021-92 Environmental Improvement Trust Fund Exhibit E
2021-93 Transportation Impact Fees Fund Exhibit F
C. Request to purchase 800 MHz Radio replacements for the Fire Department and
to purchase system upgrades for the remaining radios for the entire city. - Fire
Chief Bill Snyder, Fire Department (386) 575-6902.
Strategic Goal: Public Safety
Background: Volusia County is currently in the process of upgrading the 800 MHz
radio system to meet P-25 phase II compliance. This will allow more
users on the system and allow all agencies to be able to communicate
with each other in a seamless fashion. During 9/11 it was found that
agencies could not talk to each other due to the lack of interoperability
between their radio systems. This upgrade eliminates that hurdle and
complies with national standards on radio interoperability. This equates
to greater scene safety in mutual aid events such as structure fires,
brush fires, hurricanes, and even medical calls when multiple agencies
with different radio systems are working together. These new radios will
also improve communications on the fireground by blue-toothing our
radios to our air packs to make our communications clearer.
With this upgrade to the Volusia County system the current radios that
our department has will become inoperable when the system updates
go live in 18 - 24 months. Volusia County has tendered a contract with
Communications International for agencies within the county to
purchase new radios at a substantial discount. This discount will only be
good for 12 months after the signing of the contract between Volusia
County and Communications International.
With this capital purchase, will be replacing some radios to take
advantage of this discount. These new radios will be covered under a
five-year warranty which will reduce our radio maintenance costs over
their time. All remaining radios, that do not need the blue tooth
capability, will not be replaced but rather be upgraded out of our
operational budget in an effort to be more cost effective.
The Fire Department is requesting to purchase these radios now as
they will be significantly more expensive to replace when the discount is
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City Commission Regular Commission Meeting November 15, 2021
over. The current contracted rate is reflected on Quote# QO016597 for
a total purchase of $152,215.27. These funds were approved in the
FY21/22 capital budget. Upgrades to all remaining city radios are
estimated to be approximately $60,000. Funds were approved in the
Fire Department’s operating budget.
OPTIONS:
1. Approve purchase of radios and upgrades
2. Deny purchase of radios and upgrades
Attachments: Deltona Fire QO0016597 P25 Radio Replacement 10-12-21
Volusia County Award of contract to Comm International 062221
Volusia County P25 agreement 06-22-2021
Communications_International_-_Amendment_No_1_FULLY EXECUTED
Exhibit_B.1_-_Pricing_-_Revision_1
D. Request for approval to replace one (1) aging Aquatech Jet/Vac, (DW-0590)
cost of $445,000.00 based on the Florida Sheriffs Association Contract for
Deltona Water Field Operations. - Steven Danskine, PE, Acting Public Works
Director (386) 878-8998.
Strategic Goal: Equipment Replacement
Background: Deltona Water requests to replace the aging Aquatech Jet/Vac
(DW-0590). This vehicle purchase was approved in the FY 2021/2022
Budget (Capital Outlay).
The request for replacement of the vehicle follows the guidelines of
Policy No.: CW-10-003, is due to frequency of use, deterioration, high
maintenance costs and high mileage, currently 103,667. Also the Aqua
Tech Jet/Vac truck has 6,399 hours on it. The City is following a regular
replacement cycle for equipment proactively to avoid large unplanned
equipment expenses. This piece of equipment has been down several
times for repairs.
The quote was requested through the Cooperative Purchasing
Program from the Florida Sheriffs Association that, in partnership with
the Florida Association of Counties, offers tremendous savings for
participating agencies statewide.
The quotes submitted by Pat’s Pump + Blower in the amount of
$445,000.00 is below the amount budgeted ($450,000.00).
OPTIONS:
1. Approve the purchase of new Aquatech Jet/Vac to meet the needs of
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City Commission Regular Commission Meeting November 15, 2021
Deltona Water Field Operations crews.
2. Deny purchase of item requested.
Attachments: Award_Letter_FSA20-EQU18.0
Deltona B15 Revised quote
E. Request for approval to purchase (5) Ford F-150 trucks and (1) Ford F-250
truck, for a total cost of $168,234.00 for Deltona Water Field Operations. -
Steven Danskine, PE, Acting Public Works Director (386) 878-8998.
Strategic Goal: Equipment Replacement
Background: The Deltona Water Department request the purchase of (5) new Ford
F-150 trucks and (1) new Ford F-250 truck for a total cost of
$168,234.00 Which was approved at FY 2021/2022 Budget (Capital
Outlay).
The requested vehicles are as follows. (1) F-150 is for a new Field
Tech Position. (1) Ford F-150 is for the 2nd Utility Locate Position, (3)
Ford F-150’s for the three Utility Flushing Positions and (1) Ford F-250
is for the new Backflow Inspector Position.
The quote was requested through the Cooperative Purchasing
Program from the Florida Sheriffs Association that, in partnership with
the Florida Association of Counties, offers tremendous savings for
participating agencies statewide.
The quote submitted by Duval Ford Government Fleet in the amount of
$168,234.00 is below the amount budgeted ($300,000.00).
OPTIONS:
1. Approve the purchase of (6) new trucks to meet the needs of the
Deltona Water Field Operations crews.
2. Deny purchase of items requested.
Attachments: Award_Letter_FSA20-EQU18.0
CITY OF DELTONA.xlsx - Group
F. Request for approval to replace 2013 Ford F-250 4x2 extended cab (ES-1302)
with an animal storage box with a new Ford F-250 4x2 extended cab including a
new animal storage box at a cost of $50,276.00 for Animal Control and to
replace 2007 Ford F-150 extended cab (ES-0717) with a new Ford Explorer
4x2 at a cost of $29,642 for Code Compliance. - Ron Paradise, Director of
Community Development (386) 878-8610.
Strategic Goal: Public Safety
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City Commission Regular Commission Meeting November 15, 2021
Background: As per the approved FY 2021/0222 Budget the Code Compliance
Division proposed to replace a 2013 Ford F-250 4x2 Extended Cab
(ES-1302), at $55,000.00 for Animal Control and to replace 2007 Ford
F-150 Extended Cab (ES-0717) for Code Compliance at $35,000.
The request for replacement of the vehicles follows the guidelines of
Policy No.: CW-10-003. The vehicles, because of frequency of use,
deterioration, and high maintenance costs are considered beyond the
years of service. For example the Animal Control truck box is beyond
reconditioning which leaves it unrepairable. The goal of the requested
purchase is to follow a regular replacement cycle for equipment
proactively to avoid large unplanned equipment expenses and /or level
of service reductions.
The quote was requested through the Cooperative Purchasing
Program from the Florida Sheriffs Association that, in partnership with
the Florida Association of Counties, offers tremendous savings for
participating agencies statewide.
The attached quote submitted by Bozard Ford Government Fleet in the
amount of $50,276.00 and $29,642.00 are below the amount budgeted
($90,000.00).
The Acting City Manager has the authority to make corrections of
scrivener’s errors and the like.
OPTIONS:
1. Approve the purchase (replacement) of a Ford F-250
(with a new animal storage box) and a new Ford Explorer
to replace the 2013 Ford F-250 and 2007 Ford F-150 as
quoted.
Advantages:
1. The City will obtain two new vehicles at a competitive
price.
2. The possibility of a level of service reduction will be
minimized. For example, animal control transport
could be delayed as a result of a broken down vehicle
or inoperable animal storage box.
Disadvantages:
1. The City could have a lower level of service with
regard to Code Compliance and animal control
activities.
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City Commission Regular Commission Meeting November 15, 2021
2. Table item and put out to bid.
Advantages:
1. The City may get a better price for the vehicles.
Disadvantages:
1. The bid process will take time to undertake and
otherwise administer.
2. Unknown if there could be a better price to be
obtained.
3. Timeline for vehicle delivery may not be as efficient.
4. There could be a lower level of service experienced if
one of the vehicles is inoperable
3. Deny purchase of item requested.
Advantages:
1. City will not have to spend the money for new vehicles.
Disadvantages:
1. Deferred vehicle replacement may end up costing
more in the long run through added maintenance
costs associated with original vehicles.
2. Price of vehicles is trending upwards rapidly. Vehicles
in the future will cost more.
Attachments: Quote for Replacement Vehicles
Florida Sheriffs Assoc Bid Award
Award Report 21-22 Explorer
Award Report 21-22 F-250
G. Request approval of the Task Authorization with Mead & Hunt to design the
replacement of an 8 inch gravity sewer main on Lake Helen Osteen Road, in
accordance with their Agreement with the City of Deltona and RFQ# PW
2020-09 for Continuing On-Call Water & Wastewater Utility Line Engineering
Services in the amount of $59,171.00. - Steven Danskine, Public
Works/Deltona Water (386) 878-8998.
Strategic Goal: Infrastructure
Background: This project is to design, permit, and provide Construction Engineering
Services for the replacement of an 8-inch gravity sewer main on Lake
Helen Osteen Road between Austin Avenue and Cardena Avenue. The
condition of the two connected manholes will be assessed and
recommendations for repair and/or lining will be provided if required.
Construction of the sewer replacement will require Lake Helen Osteen
Road to be closed during the construction phase and will require a
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City Commission Regular Commission Meeting November 15, 2021
Volusia County Use Permit which is included in this task.
This portion of the gravity main has been in service for over 35 years
and is failing causing a depression in the road on Lake Helen Osteen
Road and Austin Avenue. This road is heavily traveled as it is a main
road coming into Deltona from Lake Helen.
Mead & Hunt will provide project administration services necessary to
coordinate all aspects of the project to include project design,
permitting, bidding services when we are ready to go out to bid,
construction observation and project closeout documents.
OPTIONS:
1. Approve - Proceed with the project and replace the failing 8 inch
gravity sewer main.
2. Deny - Project will not be completed and the gravity sewer main
could fail and could cause the road to collapse.
Attachments: Lake Helen Osteen Rd. SS Repl. Scope Fee to City 11.3.21
Fully Executed Agreement-Mead & Hunt, RFQ# PW 2020-09-
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
16. 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 3 business days in
advance of the meeting date and time at (386) 878-8500.
City of Deltona Page 18 Printed on 11/10/2021
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