City Commission
Regular MeetingDeltona, FL · November 28, 2022
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 28, 2022 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Avila.
2. SWEARING IN OF NEW COMMISSIONER:
The City Clerk administered the Oath of Office to newly elected District #6
Commissioner.
3. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Avila
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
4. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #2 Commissioner.
5. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Special Commission Meeting of November 14,
2022 and the Regular Commission Meeting of November 7, 2022 as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to approve the minutes of the Special Commission
Meeting of November 14, 2022 and the Regular Commission Meeting of
November 7, 2022, as presented. The motion carried by the following
vote:
For: 6 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner JodyLee, Commissioner McCool, Vice Mayor
Bradford, and Mayor Avila
City of Deltona Page 1 Printed on 12/1/2022
City Commission Minutes November 28, 2022
Against: 1 - Commissioner Burbank
6. PRESENTATIONS/AWARDS/REPORTS:
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-39, Approval to Transmit the
Affordable Housing Advisory Committee 2022 Incentive, Review and
Recommendation Report - Ron A. Paradise, Director, Community Services
(386) 878-8610.
Strategic Goal: Community Development.
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor
Bradford, to approve Resolution No. 2022-39 and direct the Interim City
Manager to transmit the Affordable Housing Advisory Committee 2022
Incentive and Recommendation Report to the Florida Housing Finance
Corporation. The Interim 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 Burbank, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner JodyLee,
Commissioner McCool, Vice Mayor Bradford, and Mayor
Avila
B. Public Hearing - Ordinance No. 13-2022, Fernanda Place RPUD Major
Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda
Place RPUD at first reading - Ron A. Paradise, Community Development
Director, (386) 878-8610.
Strategic Goal: Community Development.
The City Attorney asked everyone who was going to provide testimony to please stand
to be sworn in.
Each Commissioner expressed their ex-parte communication.
Planning & Development Services Director Ron Paradise explained quasi-judicial
process and he gave a brief explanation of the item to include phases, traffic signal,
traffic, access points, buffers, and amenities.
The Commission and staff discussed standing, affected residents, signalization,
entrances/exits, connectivity, Planning & Zoning (P&Z) Board, allowable land uses,
density, roads, Osteen Cemetery Road, emergency vehicles, right-of-ways, flooding,
City of Deltona Page 2 Printed on 12/1/2022
City Commission Minutes November 28, 2022
trees, and responsibility.
Attorney Mark Watts, representing applicant, Cobb Cole, 231 N. Woodland Blvd.,
DeLand, gave a brief PowerPoint Presentation to include process and history, land use
classifications, surrounding areas, Comprehensive Plan, amendments, on street
parking, connectivity and access, amenity ponds, timeframe, amenities, resident survey,
tree preservation, consolidated revisions, and signalization.
The Commission, Attorney Watts, Joshua Edmondson with Poulos & Bennett and Tina
Lee with Starlight Homes discussed project history, P&Z Board, existing zoning, zoning
code and intent, historic uses, Comprehensive Plan, retro fits, enforcement rights, street
parking, HOA (Homeowners Association), liability, staff requests, language changes,
amenities, covenants, entrances/exits, connectivity, development potential, connectivity,
right-of-way and roads, restricted and emergency access, drainage and retention ponds,
assumptions, stormwater, feasibility, impervious surfaces, traffic, Arbor Ridge and Arbor
Woods, capacity, and occupancy.
Mayor Avila opened the public hearing for those with standing.
Jose Martinez, Deltona, spoke about access, parking, signalization, traffic, units, Osteen
Cemetery Road, dog park, and Phases 1 & 2.
Jonatan Medina, Deltona, spoke about parking survey, construction access, Learning
Lane, pedestrian safety, road sizes, signalization, one entrance, crime and trespassing,
liability, and inconvenience to residents.
Mayor Avila closed the public hearing for those with standing and opened the public
hearing.
Jennifer Sutton, Deltona, spoke about zoom meeting, HOA and by-laws, Starlight
Homes, parking, sheds, units, HOA fees, dog parks, liability, Phase 3, Landing Lane,
access and traffic, school capacity and property purchase.
Larry French, Deltona, spoke about extra time, documents and agenda packet, missing
information, classifications, Comprehensive Plan, moratorium, Tree City, flooding,
indigenes animals and plants, flood and contour maps, water flow, impact, and P&Z
Board.
John Stalzer, Deltona, spoke about P&Z Board, improvements, meetings, survey, road
size, large vehicles, misrepresentation, $100,000 gift, schools, road and traffic, and
mismanagement.
Richard Bellach, Deltona spoke about election, approval, fresh start and standup guys.
Judith Castellini, Deltona, spoke about amenity ponds, HOA and fees, Starlight Homes
and Phase 3.
City of Deltona Page 3 Printed on 12/1/2022
City Commission Minutes November 28, 2022
Mayor Avila closed the public hearing.
Attorney Watts spoke about the project history, input, existing conditions, fixing issues,
amenities, tree preservation, connectivity, property rights, HOA management, sheds,
and conditions.
The Commission and Attorney Watts discussed RPUD (Residential Planned Unit
Development) and agricultural uses, the plat and amenities, sheds, safety, the HOA,
minimum standards, and restrictions.
Motion by Commissioner JodyLee, seconded by Commissioner McCool,
to deny Ordinance No. 13-2022 Fernanda Place RPUD Major Amendment
to include a new +/-43.55 acre phase (Phase 3) to the Fernanda Place
RPUD.
The City Attorney read the title of Ordinance No. 13-2022 for the record.
Verbal vote was taken and each Commissioner provided the reasons for their vote.
The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
8. OLD BUSINESS:
9. NEW BUSINESS:
10. 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.
Jim Pescha, Deltona, spoke about new view and old problems and the straw project.
Ronald Donaldson, Deltona Firefighters Foundation, spoke about life style, Operation
Deltona Cares, and helping families.
Nick Lulli, Deltona, spoke about elections, his history, investment, community, job
opportunity, and communication.
Richard Bellach, Deltona, spoke about history, the election, courage, residents,
City of Deltona Page 4 Printed on 12/1/2022
City Commission Minutes November 28, 2022
audience, schools, and legal.
Del-terrorist 007, Deltona, spoke about self-serving, made up terms, Deputy City
Manager, public records, collective bargaining, flooding, City Manager search, and legal.
Jamie Jessup, Deltona, spoke about service, committee for former Mayors, respect,
being agreeable, barriers, war zone on S.R. 415, and property rights.
Del-terrorist 1776, Deltona, spoke about violence, ethics, business practices, vote, union
contract, campaign reports, taxes, words, labeling, and legal.
Larry French, Deltona, spoke about listening, meetings, communications, involvement,
public speaking, development and land use, green areas, elevations and flooding, site
visits, being prepared, advisory boards, growth and planning.
Kathy Bryan, Deltona, spoke about invocation, working together, public comments, City
Manager search, Citizens Emergency Response Team, development, vote, and
property rights.
Elbert Bryan, Deltona, spoke about reference books, decorum, and the residents.
Robert Trombetta, Deltona, spoke about elections, Democracy, vote, comments,
attacks, responsibilities, courts, development, voting and restraint.
Adam Vazquez, Deltona, spoke about coming together, vote, stormwater, HOAs,
Facebook, accountability, development, and finding resolutions.
11. 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.
12. 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.
Motion by Commissioner Burbank, seconded by Commissioner
Avila-Vazquez, to approve Consent Agenda Item 12-A. The motion
carried by the following vote:
City of Deltona Page 5 Printed on 12/1/2022
City Commission Minutes November 28, 2022
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
A. Request approval and award of Task Authorization from Kimley Horn for the
Fisher Wastewater Treatment Facility Improvements - Construction
Engineering Services in the amount of $68,400- Glenn Whitcomb, Public
Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Approved by Consent - to authorize the Task Authorization to Kimley
Horn for the Construction Engineering Services for the Fisher
Wastewater Treatment Facility Improvements in the amount of $68,400.
The Interim City Manager has the authority to make corrections of
scrivener's errors and the like.
13. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner McCool requested Commission consensus that as the alternate City
representative to the Transportation Planning Organization (TPO) that she be appointed
as the permanent member of the TPO.
Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee, to
appoint Dana McCool as the City's representative to the TPO. The motion
carried by the following vote:
For: 7 - Commissioner Burbank, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner JodyLee,
Commissioner McCool, Vice Mayor Bradford, and Mayor
Avila
Mayor Avila requested to put on an agenda the alternate appointment to the TPO and
the Interim City Manager replied yes, it can be added at the next meeting.
Commissioner Burbank requested that the first workshop topic be "where we are going
to hold our workshops". The Chambers is too large and previously the workshops were
held in the 2nd Floor Conference Room which is more than sufficient. Vice Mayor
Bradford replied one of the reasons the workshops were moved from the 2nd Floor
Conference Room to the Chambers was because of limited capacity.
14. CITY ATTORNEY COMMENTS:
City of Deltona Page 6 Printed on 12/1/2022
City Commission Minutes November 28, 2022
15. CITY MANAGER COMMENTS:
The Interim City Manager stated staff is continuing to work on flooding problems. There
are still issues in the system and we are meeting with the water management district to
try to get a better handle on what resources the City can gather from them as well as
some expertise. We continue to move forward in that area. Secondly, debris removal,
we are through the first phase of that and starting the second phase to try and clean up
what has been left. There will be some issue with the construction debris just because of
the condition of the areas we are having to address right now. So, that is going to lag
behind, but if there is debris it will be picked up on the second round.
16. CITY COMMISSION COMMENTS:
Commissioner Jodylee spoke about elections, being politically correct, owing people and
being owned, support and doing what is right.
Commissioner Avila-Vazquez spoke about God and family, turkey give-a-way, Cocky
Rooster Cafe, Christmas Parade, Fire Department toy donation event, and change.
Commissioner McCool spoke about Volusia League of Cities Dinner, City Manager
search, straw project, moratorium and development, board of education, concurrency,
elections, personalities, pledge, and progress.
Commissioner Avila-Vazquez spoke about the Volusia Regional Detention Center.
Vice Mayor Bradford spoke about City Charter, Commission Operating & Meeting
Guidelines, Christmas Parade, Town Hall Meetings, the war zone, City Manager search,
Citizens Emergency Response Team, policy books, Mayor celebration
The Commission concurred to form a committee to celebrate former Mayors of
Deltona.
Mayor Avila spoke about the Red Cross, elections and representing residents, working
together, trust and barriers, safety, pocket Constitutions, and Volusia Council vacancy.
The Commission concurred to have a letter written to the Volusia County Council
requesting to fill the vacant position left by Former Councilman Lowry
immediately and not wait until January.
17. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:28 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
City of Deltona Page 7 Printed on 12/1/2022
City Commission Minutes November 28, 2022
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
City of Deltona Page 8 Printed on 12/1/2022
Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Avila
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
Monday, November 28, 2022 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
2. SWEARING IN OF NEW COMMISSIONER:
3. ROLL CALL – CITY CLERK:
4. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #2 Commissioner.
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.
5. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Special Commission Meeting of November 14, 2022
and the Regular Commission Meeting of November 7, 2022 as presented. -
Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 7, 2022 RCM Minutes
November 14, 2022 SCM Minutes
6. PRESENTATIONS/AWARDS/REPORTS:
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2022-39, Approval to Transmit the Affordable
City of Deltona Page 1 Printed on 11/18/2022
City Commission Regular Commission Meeting November 28, 2022
Housing Advisory Committee 2022 Incentive, Review and Recommendation
Report - Ron A. Paradise, Director, Community Services (386) 878-8610.
Strategic Goal: Community Development.
Background: The State Housing and Initiative Partnership (SHIP) Act, sections
420.907-420.9079, Florida Statues, (hereinafter referred to 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 year.
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 effect impact fees can have on affordable housing to the
applicability of providing transit-oriented development within the
jurisdiction.
The AHAC has served its mandatory duty with the formulation of the
attached Affordable Housing Advisory Committee 2022 Incentive,
Review, and Recommendations Report (Report). The report is
structured to provide a summary of AHAC discussions and potential
recommendations for each statutory impediment. In some cases,
recommendations were not articulated by the AHAC. The AHAC
process and report requirements represent a dynamic process that is
mandated to be revisited and refined every year. The AHAC as a
collective body has made bold recommendations and they have
indicated they are ready for next year to better define the Report.
The formulation of the Report is necessary for the City to continue to
participate in the SHIP program. The City received approximately
$600,000 from the SHIP program in 2021 and is anticipated to receive
$800,000 from SHIP in the 2022-2023 year.
The Interim City Manager has the authority to make corrections of
scrivener’s errors and the like.
City of Deltona Page 2 Printed on 11/18/2022
City Commission Regular Commission Meeting November 28, 2022
Attachments: AHAC Deltona Report-2022
Resolution 2022-39 - ad
AHAC Report 2022- Resolution (2)
B. Public Hearing - Ordinance No. 13-2022, Fernanda Place RPUD Major
Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda
Place RPUD at first reading - Ron A. Paradise, Community Development
Director, (386) 878-8610.
Strategic Goal: Community Development.
Background: The Fernanda Place RPUD Major Amendment involves changing the
zoning on a ±43.55-acre parcel from the Agriculture Classification (A)
to Residential Planned Unit Development (RPUD).
Based on material changes to the development project, the City
Commission remanded the project back to the Planning and Zoning
Board for review and recommendation. Changes to the project include
the following:
1) Project redesigned to facilitate greater tree protection.
Redesign involves the modification of the master stormwater
pond to preserve two areas containing significant/historic live
oaks. Three (3) of the four (4) historic trees have been protected.
At the time of the generation of this agenda item, the applicant is
working on protecting the final historic oak. According to the
Land Development Code (Sec. 98-29(a)(5)), City Commission
authorization is required to remove a historic tree. If the
applicant cannot save the tree, approval of the rezoning request
by the City Commission will satisfy the intent of Sec. 98-29(a)(5).
However, the applicant will still be required to mitigate for the
loss of the tree.
2) The dog park relocated to the western section of the property
abutting Pine Ridge High school. The relocation of the dog park
will ensure all property part of this request east of Osteen
Cemetery Rd. will remain in a natural, forested state.
3) A pool amenity is planned to be situated within the northwestern
corner of the Phase III project. This will better balance the
Fernanda neighborhood amenity package.
4) The applicant has redesigned Phases 1 and 2 to afford off street
parking options for residents within this area. There will be 56
new off-street overflow parking places retrofitted within the
existing two phases of the Fernanda neighborhood.
5) Roadway cross sections accommodating drainage, on-street
City of Deltona Page 3 Printed on 11/18/2022
City Commission Regular Commission Meeting November 28, 2022
parking, etc. have been further defined.
For more information regarding the Fernanda Place RPUD Major
Amendment see the attached staff report, Development Agreement
and the Master Development Plan.
On October 19, 2022 the City Planning and Zoning Board heard the
rezoning amendment to the Fernanda Place RPUD. The P/Z Board
voted six (6) to one (1) to recommend denial of the project.
Attachments: Legal ad - O-13-2022
Staff Report RZ21-0002 Ord No 13-2022
Ordinance 13-2022 Fernanda RPUD Addition Final
Fernanda DA 1st Hearing
Fernanda PUD Master Development Plan
Revised Development Agreement 2022 (Redline)
applicant request agreeing to continue Phase 3.pdf
8. OLD BUSINESS:
9. NEW BUSINESS:
10. 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)
11. 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.
City of Deltona Page 4 Printed on 11/18/2022
City Commission Regular Commission Meeting November 28, 2022
12. 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 approval and award of Task Authorization from Kimley Horn for the
Fisher Wastewater Treatment Facility Improvements - Construction Engineering
Services in the amount of $68,400- Glenn Whitcomb, Public Works/Deltona
Water (386) 878-8929.
Strategic Goal: Infrastructure
Background: The Fisher Wastewater Facility is in need of improvements to continue
with the proper operation of the facility and to comply with the Consent
Order issued by FDEP. The City requires Construction Engineering
Services to ensure the construction is completed and in compliance
with the engineered plans and specifications.
Attachments: Fisher WWTF Improvements Task Authorization.pdf
13. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
14. CITY ATTORNEY COMMENTS:
15. CITY MANAGER COMMENTS:
16. CITY COMMISSION COMMENTS:
17. 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 5 Printed on 11/18/2022
Get email alerts for Deltona
A daily email when new agendas and minutes are posted.