City Commission
Regular MeetingDeltona, FL · May 22, 2023
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, May 22, 2023 6:00 PM Deltona Commission Chambers
DECORUM POLICY: The City of Deltona has a significant interest in conducting
orderly and efficient public meetings, which includes preventing disruption,
promoting civility, and preserving decorum. To that end, behavior which disrupts or
impedes the efficient and orderly conduct of any public meeting, as determined by
the Mayor, or presiding officer, or a majority of the City Commission, is not
permitted. The Mayor, or presiding officer, or a majority of the City Commission, may
interrupt, warn, or terminate a speaker’s statement when that statement is too
lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably
perceived to be a disruption to the fair and orderly progress of the discussion at
hand. The Mayor, or presiding officer, or a majority of the City Commission, may also
interrupt any part of the meeting to warn any individual that they are being
disruptive or otherwise impeding the efficient and orderly conduct of the meeting.
The Mayor, or presiding officer, or a majority of the City Commission, may require
any individual to leave a public meeting for its duration if that individual is unable to
observe this Policy after being warned. Should an individual be required to leave a
meeting for violating this Policy, that person shall be escorted from Commission
Chambers by a Volusia County Sheriff’s Deputy.
PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular
meeting and will conclude after 30 minutes. Comments during Public Forum are
limited to items of City business that are listed on the Agenda and/or items that are
not listed on the Agenda. Comments regarding listed Agenda items will take place
after discussion of each item. Please be courteous and respectful of the views of
others. In order to address the Commission, citizens must fill out a public
participation slip and give it to the Deputy City Clerk. All citizen comments are limited
to 4 minutes and shall be addressed to the Mayor or the Commission as a whole.
Members of the City Commission shall not enter into discussion or respond to a
citizen’s comments other than to give directions or to ask for clarification. However,
individual Commissioners may choose to respond under the "City Commissioner
Comments" portion of the meeting.
Terri Ellis, Sue King, Billy Fowler, Richard Bellach, Tara D'Errico, Kathy Bryan, Brandy
White, David Sosa and Barbara Santiago addressed the City Commission.
Commissioner JodyLee and Commissioner Colwell arrived at the meeting at 6:14 p.m.
BUSINESS MEETING - 6:30 PM
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1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
Present: 6 - Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
Absent: 1 - Mayor Avila
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by the Mayor.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of May 1, 2023,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
McCool, to approve the minutes of the Regular Commission Meeting of
May 1, 2023, as presented. The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Emergency Medical Services Week- May 21-27, 2023.
B. Proclamation - National Police Week 2023
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Rehearing of Ordinance No. 04-2023, Request to amend
the Deltona Village Business Planned Unit Development (BPUD) overall
Development Plan/ Master Development Plan increasing the number of
multi-family unit allocation for the BPUD from 414 units to 652 units;
amendment to the Development Agreement approved by Ordinance
No. 21-2009; and rezone an additional 26.57 acres of land to be included
within the Deltona Village BPUD - Joseph Ruiz, Planning &
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Development Services (386) 878-8624.
Strategic Goal: Provide a diversity of housing choices in the City.
Planning & Development Services Director Joe Ruiz stated the applicant has requested a
continuance to the next available City Commission meeting. Attorney Kim Booker, Booker
and Associates, P.A., stated the reason for the continuance was due to receiving additional
information this morning that they would like time to analyze.
Commissioner McCool, the City Attorney and Attorney Kim Booker, Booker and
Associates, P.A., discussed legal options, the continuance and additional information.
Mr. Ruiz stated that any discussions between staff and the applicant that would alter the
application would come before the Commission.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Burbank, to continue the hearing to the next available regularly
scheduled meeting on June 19, 2023. The motion carried by the
following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
B. Public Hearing - Ordinance No. 05-2023, amendment to the Official
Zoning Map to rezone approximately 1.76 acres of land from Business
Planned Unit Development (BPUD) to Retail Commercial (C-1) at first
reading - Joseph Ruiz, Planning and Development Services Interim
Director, (386) 878-8624.
Strategic Goal: Develop the Infrastructure and Land Need for Business
Development
The City Attorney asked that everyone that would like to provide testimony on this item to
stand to be sworn in.
Each Commissioner expressed their ex-parte communications.
Planning & Development Services Director Joe Ruiz gave a brief description of the item to
include the location, the BPUD (Business Planned Unit Development) zoning, future land
use, Catalina Pointe rezoning, traffic, uses allowed and staff recommendation.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Burbank, to approve Ordinance No. 05-2023, amending the Official
Zoning Map to rezone 1.76 acres of land from Business Planned Unit
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Development (BPUD) to Retail Commercial District (C-1) at first reading
and schedule the second and final reading for June 19, 2023. The City
Manager has the authority to make corrections of scrivener's errors and
the like.
Attorney Glenn Storch representing the applicant, Storch Law Firm, 420 S. Nova Road,
Daytona Beach, gave a brief explanation of the item to include the Catalina Pointe project,
the designation, terms of the PUD (Planned Unit Development), and stormwater.
Vice Mayor Bradford opened and closed the public hearing as there were no public
comments from residents with or without standing.
The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
C. Public Hearing - Ordinance No. 06-2023 amending the Comprehensive
Plan of the City of Deltona, amending the Capital Improvements
Element by providing for the replacement of the Capital Improvement
Project sheets, at first hearing - Joseph Ruiz, Planning and
Development Services Interim Director, (386) 878-8624.
Strategic Goal: Provide Sustainable and Effective Public Services
Planning & Development Services Director gave a brief explanation of the item.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Burbank, to adopt Ordinance No. 06-2023, approving the 2022-2023
Capital Improvements Element update by providing for the replacement
of the Capital Improvement Project sheets at first reading and schedule
a second and final reading for June 19, 2023. The City Manager has the
authority to make corrections of scrivener's errors and the like.
Jim Pescha and Richard Bellach addressed the City Commission.
The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
7. OLD BUSINESS:
8. NEW BUSINESS:
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A. Consideration the request from Devin Williamson owner/investor of
MADD Assets, LLC for a partial release of lien - Danny Ron, Code
Compliance Division (386) 878-8702 and Suzette Cameron, Assistant to
the City Manager (386) 878-8615.
Strategic Goal: Effective Governance and Productive Government
Code Compliance Division Manager Danny Ron gave a brief explanation of the item.
The Commission, City Attorney, staff and Mr. Williamson (the property owner) discussed
the cross-attached liens, taxes, City costs, fines, and no title search.
Motion by Commissioner JodyLee, seconded by Commissioner
Colwell, to deny partial release of lien related to 257 Fort Smith
Boulevard, Deltona, FL 32738.
Brandy White, David Sosa and Richard Bellach addressed the City Commission.
The Commission, City Attorney, staff and Mr. Williamson discussed equitable distribution,
due diligence, partial reduction, violations, and setting a precedent.
The motion carried by the following vote:
For: 4 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Colwell, and Commissioner JodyLee
Against: 2 - Commissioner Burbank, and Commissioner McCool
B. Consideration for a reduction in the fine of $75,100.00 assessed
pursuant to Special Magistrate Cases DEL-22-060, DEL-22-061 &
DEL-22-062. Mr. Erich Spivey (Real Estate Agent) is present as
representation regarding 1299 Fountainhead Drive, Deltona, FL 32725 -
Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette
Cameron, Assistant to the City Manager (386) 878-8615.
Strategic Goal:
Code Compliance Division Manager Danny Ron gave a brief explanation of the item.
Motion by Commissioner McCool, seconded by Commissioner Burbank,
to approve the reduction of fine on all three (3) cases upon the
recommendation of the Code Compliance Manager and the Special
Magistrate in reference to case numbers DEL22-060, DEL22-061 and
DEL22-061, Code Compliance approves the recommendation for the
reduction of the fine provided by the Special Magistrate to the sum of
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$6,000 for all three cases. The owner/requestor is Vermont LLC/Real
Estate Agent Erich Spivey for the property located at 1299
Fountainhead Drive, Deltona, Florida 32725. The fine is to be paid within
30 days from today, May 22, 2023, or the fine will revert back to the
original amount. The motion carried by the following vote:
For: 4 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, and Commissioner McCool
Against: 2 - Commissioner Colwell, and Commissioner JodyLee
C. Contract - Request for approval to expend no more than $40,000.00 in
State of Florida Finance Corporation (SHIP) funds for a Disaster
Assistance project located at 1785 Tanner Court. - Suzette Cameron,
Assistant to the City Manager (386) 878-8615.
Strategic Goal: Housing and Community Development.
Assistant to the City Manager Suzette Cameron gave a brief explanation of the item.
The Commission and staff discussed the property value, liens, occupancy, hurricane
disaster funds, the lien length, and reviewing documentation.
Brandy White addressed the City Commission.
Motion by Commissioner JodyLee, seconded by Commissioner
Burbank, to deny the expenditure of no more than $40,000.00 of the
State of Florida Finance Corporation (SHIP) funds for the project located
at 1785 Tanner Court. The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
9. 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.
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10. 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 Avila-Vazquez, seconded by Commissioner
McCool, to I move to approve Consent Agenda Items 10-A through 10-E.
The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
A. Request approval of Bid Number 23009 for the installation of 5/8” x ¾”
Automated Meter Reading (AMR) water meters to Vanguard Utility
Service, Inc. in the amount of $547,515 - Glenn Whitcomb, Public
Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve Bid Number 23009 for the
installation of 5/8” x ¾” AMR water meters to Vanguard Utility Service,
Inc. in the amount of $547,515. The City Manager has the authority to
make correction of scrivener’s errors and the like.
B. Request approval for the direct purchase of a permanent By-Pass Pump
from Xylem Dewatering Solutions, utilizing the Florida Sheriffs
Association Contract #FSA20-EQU18.0 in the amount of $111,348.40 -
Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve the direct purchase of a
diesel driven CD180M pump and accessories from Xylem Dewatering
Solutions utilizing the Florida Sheriffs Association Contract
#FSA20-EQU18.0 in the amount of $111,348.40. The City Manager has
the authority to make correction of scrivener’s errors and the like.
C. Request approval to award Bid# 23010, Nuisance abatements (lot
mowing and property maintenance) for Code Compliance Division.
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Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations,
LLC and One Tru Solutions, LLC. - Danny Ron, Code Compliance
Manager (386) 878-8702 and Suzette Cameron, Assistant to the City
Manager (386) 878-878-8615.
Strategic Goal: Compliance of Residential and Commercial properties.
Approved by Consent Agenda - to approve the award of Bid# 23010 to
Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations,
LLC and One Tru Solutions, LLC, to provide service of nuisance
abatements (lot mowing and property maintenance) for Code
Compliance Division in the amount of $30,000.00 and as approved by
the City Commission up to the approved budget amounts for each fiscal
year. Award shall be for an initial period of three (3) years with the
option to renew for two (2) additional one (1) year terms upon mutual
agreement of both parties.
D. Approval of Construction Contractors for Housing and Community
Development grant programs - Suzette Cameron, Assistant to the City
Manager, (386) 878-8615.
Strategic Goal: Effective Governance and Productive Government
Approved by Consent Agenda - to award RFP#23014 to A Quick Board
Up Service, Inc. Parthy, LLC, UDH Contractors, LLC and Votum
Construction.
E. Request for approval of Resolution No. 2023-10, declaring certain
tangible personal property owned by the City as surplus and
authorizing the City Manager or designee to dispose of them - Mari
Leisen, Finance Department 386-878-8553.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize
alternative funding sources, and promote an effective system of checks
and balances.
Approved by Consent Agenda - to adopt Resolution No. 2023-10
declaring certain property of the City as surplus and authorize the sale
or disposal of such property. The City Manager has the authority to
make correction of scrivener’s errors and the like.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
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Commissioner McCool requested the Commission give up their parking area and change it
to handicapped parking.
Commissioner Burbank requested to move Commission Workshops back to the 2nd Floor
Conference Room.
Vice Mayor Bradford suggested looking at having the Commission go on the
floor in the Chambers for Workshops and the Commission concurred.
Commissioner JodyLee requested to discuss the Comprehensive Plan.
Vice Mayor Bradford requested an update on the moratorium.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
Commissioner JodyLee spoke about an animal shelter, new staff, moving forward, the shed
ordinance, and permits.
Commissioner McCool spoke about the City Attorney, growth and development,
educational concurrency, quality of life, law enforcement and demanding better.
Commissioner Avila-Vazquez spoke about the affordable housing workshop, the public
information staff, hurricane fliers, Deltona Magazine and Pat Northey.
Commissioner Burbank spoke about speed signs, the Planning & Development Services
Director, and Tanner Court.
Vice Mayor Bradford spoke about the FLOW Mobile and new staff.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 8:36 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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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, May 22, 2023 6:00 PM Deltona Commission Chambers
DECORUM POLICY: The City of Deltona has a significant interest in conducting
orderly and efficient public meetings, which includes preventing disruption,
promoting civility, and preserving decorum. To that end, behavior which disrupts
or impedes the efficient and orderly conduct of any public meeting, as
determined by the Mayor, or presiding officer, or a majority of the City
Commission, is not permitted. The Mayor, or presiding officer, or a majority of
the City Commission, may interrupt, warn, or terminate a speaker’s statement
when that statement is too lengthy, personally directed, abusive, obscene,
irrelevant, or otherwise reasonably perceived to be a disruption to the fair and
orderly progress of the discussion at hand. The Mayor, or presiding officer, or a
majority of the City Commission, may also interrupt any part of the meeting to
warn any individual that they are being disruptive or otherwise impeding the
efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a
majority of the City Commission, may require any individual to leave a public
meeting for its duration if that individual is unable to observe this Policy after
being warned. Should an individual be required to leave a meeting for violating
this Policy, that person shall be escorted from Commission Chambers by a
Volusia County Sheriff’s Deputy.
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City Commission Regular Commission Meeting May 22, 2023
PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular
meeting and will conclude after 30 minutes. Comments during Public Forum are
limited to items of City business that are listed on the Agenda and/or items that
are not listed on the Agenda. Comments regarding listed Agenda items will take
place after discussion of each item. Please be courteous and respectful of the
views of others. In order to address the Commission, citizens must fill out a
public participation slip and give it to the Deputy City Clerk. All citizen comments
are limited to 4 minutes and shall be addressed to the Mayor or the Commission
as a whole. Members of the City Commission shall not enter into discussion or
respond to a citizen’s comments other than to give directions or to ask for
clarification. However, individual Commissioners may choose to respond under
the "City Commissioner Comments" portion of the meeting.
BUSINESS MEETING - 6:30 PM
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by the Mayor.
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 May 1, 2023, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: May 1, 2023 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Emergency Medical Services Week- May 21-27, 2023.
Background: Proclamation honoring the members of the emergency medical
services teams who are ready to provide lifesaving care to those in
need 24 hours a day, seven days a week.
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City Commission Regular Commission Meeting May 22, 2023
B. Proclamation - National Police Week 2023
Background: National Police Week occurs every May to publicly salute the
services of law enforcement in the community and is a time for all
Americans to pause and reflect on the incredible sacrifices these
heroes make for us every day. In 2023 National Police Week is May
14th - 20th
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Rehearing of Ordinance No. 04-2023, Request to amend the
Deltona Village Business Planned Unit Development (BPUD) overall
Development Plan/ Master Development Plan increasing the number of
multi-family unit allocation for the BPUD from 414 units to 652 units;
amendment to the Development Agreement approved by Ordinance No.
21-2009; and rezone an additional 26.57 acres of land to be included within
the Deltona Village BPUD - Joseph Ruiz, Planning & Development Services
(386) 878-8624.
Strategic Goal: Provide a diversity of housing choices in the City.
Background: On February 15, 2010, the Deltona Village Business Planned Unit
Development (BPUD) was approved via Ordinance No. 21-2009.
The approved BPUD uses include traditional retail, office, service
commercial, and also allowed light industrial uses. There were
Conditional Use options including an allocation of up to 414
multi-family units. The intensity of the Deltona Village BPUD was
capped at 900,000 square feet of retail. The 900,000 square-foot
cap was also extended to a 38-acre parcel (ICC BPUD site) under
similar ownership located north of Graves Av. and south of the
I-4/SR 472 eastbound interchange off-ramp. The square-foot cap
regarding allowed uses such as multifamily
residential was reconciled through an equivalency matrix. The
equivalency matrix is a tool used to convert densities and intensities
so the overall intensity cap is not exceeded.
In 2018, the Deltona Village BPUD (Ordinance No. 10-2018) was
amended by the City to modify minimum lot width and sizes. In
addition, the 2018 amendment changed the 414-unit multi-family
conditional use entitlement to a permitted use within the BPUD.
In 2021, the City Commission approved a second amendment to the
Deltona Village BPUD to include an additional 10.3 acres of Deltona
Retail Holdings, LLC, acquired properties by rezoning into the BPUD
with no additional intensity/density entitlements.
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To date, Deltona Village has developed the Epic movie theater,
Race Trac gas station, and a Burger King fast-food restaurant.
Various site plans have been approved for a Starbucks immediately
west of Burger King (SP21-0011), a 301 multi-family unit complex
(currently under construction) for Integra Myst (SP21-0004), and a
52,800 square-foot Nutty Bavarian light manufacturing facility
(SP22-0007). Currently under review are site plans for a 2,600
square-foot Panda Express (SP23-0005), and a 152,000 Store
Space Self-Storage facility (SP23-0006).
The current and third requested amendment via Ordinance No.
04-2023, requests the following:
1) Amendment to the Overall Development Plan/Master
Development Plan to increase the number of multi-family unit
allocation for the BPUD from 414 units to 652 units;
2) Amendment to the development agreement approved by
Ordinance No. 21-2009, to update the multi-family unit cap,
include the 26.57 acres, and to clarify remaining entitlements
between the landowner and the City; and
3) Rezone an additional ±26.57 acres of land to be rezoned and
included within the Deltona Village BPUD.
On March 15, 2023, the Planning and Zoning Board voted (6 to 1) to
recommend approval of Ordinance No. 04-2023 by the City
Commission.
On April 3, 2023, the City Commission voted (4 to 3) to deny
Ordinance No. 04-2023, due to concerns with the age of the
originally approved traffic study (2009) and the requested increase of
multi-family unit cap for the project (652-unit cap). Concerns
regarding School Concurrency were also expressed.
On May 1, 2023, the applicant requested a rehearing of Ordinance
No. 04-2023 via the motion filed as allowed by Section 110-1005. -
Rehearing and administrative res judicata. The City Commission
approved the applicant’s request to rehear the application and
scheduled for the next available meeting.
Since the April 3, 2023, City Commission, staff contracted the City’s
consulting traffic engineer, BCC Engineering. Staff requested BCC
provide an update to the trip generation impacts and traffic
equivalency matrix of the 2009 Deltona Village Traffic Impact
Analysis in comparison to the Institute of Traffic Engineer’s (ITE)
Manual, 11th and latest edition. The attached memo finds that the
project evaluated under modern trip generation rates would have a
net total impact of 24,417 average daily trips (ADTs) and 2,271 PM
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City Commission Regular Commission Meeting May 22, 2023
Peak Hour Trips as opposed to the originally anticipated 17,808
ADTs and 1,141 PM Peak Hour Trips at full build-out. However,
based on the updated traffic equivalency matrix within the memo, the
Deltona Village BPUD with the existing and proposed developments
would remain compliant with the originally approved 17,808 ADTs,
1,141 PM Peak Hour Trips, and 900,000 square feet of retail at this
time.
As a method of addressing/accepting the new anticipated impacts
per the ITE Manual, 11th edition, for the 24,417 ADTs and 2,271 PM
Peak Hour Trips, staff recommends a new proportionate fair share
agreement be considered for the difference in transportation
impacts, in light of this new data.
For more information please refer to the attached staff report and
attachments.
Attachments: Staff Report
BPUD Map Series
Ordinance 04-2023
Exhibit A - Deltona Village DA Amendment
Exhibit B - Legal Description
Exhibit C - Deltona Village ODP/MDP dated March 3, 2023
Exhibit D - Deltona Village DA dated February 15, 2010
VCSB Capacity Letter - Deltona Village
Deltona Village BCC Traffic Memo 5.1.23
Deltona Village 3rd Amendment_CC
Ordinance 04-2023 ad
O-04-2023-2nd ad
B. Public Hearing - Ordinance No. 05-2023, amendment to the Official Zoning
Map to rezone approximately 1.76 acres of land from Business Planned Unit
Development (BPUD) to Retail Commercial (C-1) at first reading - Joseph
Ruiz, Planning and Development Services Interim Director, (386) 878-8624.
Strategic Goal: Develop the Infrastructure and Land Need for Business
Development
Background: The City of Deltona received an application to rezone approximately
1.76 acres of land located at 2965 Howland Boulevard from
Business Planned Unit Development (BPUD) to Retail Commercial
(C-1). The property proposed to be rezoned is currently designated
as Commercial on the Future Land Use Map (FLUM). The C-1
rezoning request is consistent with the Commercial Land Use
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category.
In 2001, this parcel was rezoned from County A-3 (Transitional
Agriculture) to BPUD (Business Planned Unit Development via
Ordinance No. 06-2001). This rezoning effort produced a BPUD with
commercial uses (shopping center and out-parcels) and a
self-storage facility. The self-storage/mini warehouse use (98,000
square feet) was limited to a predefined tract (now developed as the
Storaway self-storage center). The self-storage/mini warehouse use
was transferred to different ownership under a separate parcel. The
shopping center and out-parcels were never developed.
In addition to Parcel No. 8109-00-00-0064 (parcel in reference),
Parcel No. 8109-00-00-0070 was part of Ordinance No. 06-2001.
This parcel (8109-00-00-0070) was rezoned to C-1 (Neighborhood
Commercial) in 2003. On January 17, 2023, the City Commission
adopted Ordinance No. 24-2022, rezoning Parcel No.
8109-00-00-0070 from C-1 to RPUD and a large portion of Parcel
No. 8109-00-00-0064 from BPUD to RPUD.
As has been mentioned, the property fronting on Howland Blvd. was
earmarked for retail and service commercial uses as part of the 2001
rezoning to BPUD. The BPUD entitlements have never been utilized
and the land has not developed in over 20 years.
The requested C-1 zoning represents a commercial project where
the intended use is a 6,000-square-foot quality restaurant. This use
will serve the existing community and the Catalina Pointe RPUD
(cottages, duplex type units, and townhome buildings) to be located
south and east of the proposed amendment. A pedestrian trail
connection will be designed as part of the Catalina Pointe Master
Development Plan (MDP) to provide a pedestrian connection to the
restaurant site.
For more information see the attached staff report and supporting
documentation.
On April 19, 2023, the Planning and Zoning Board heard the
rezoning request. The Board voted unanimously to recommend the
City Commission approve the rezoning.
City of Deltona Page 6 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
Attachments: Staff Report
Maps
DA Ordinance 06-2001
DA Ordinance 24-2022 Catalina Pointe RPUD
Catalina Pointe TIA
Ordinance 05-2023
EXHIBIT A- Legal description and sketch
CC Presentation 5-15-2023
O-05-2023-revised ad
C. Public Hearing - Ordinance No. 06-2023 amending the Comprehensive Plan of
the City of Deltona, amending the Capital Improvements Element by providing
for the replacement of the Capital Improvement Project sheets, at first hearing
- Joseph Ruiz, Planning and Development Services Interim Director, (386)
878-8624.
Strategic Goal: Provide Sustainable and Effective Public Services
Background: Pursuant to Chapter 163.3177(3)(b) F.S., the City Capital
Improvements Element of the
Comprehensive Plan must be reviewed and updated on an annual
basis. It is recommended to send the Capital Improvements Element
(CIE) Report to the Department of Economic Opportunity (DEO)
when it is adopted by the City Commission each year. Staff has
reviewed the current capital improvements for the next five years.
The intent of the review is to ensure compliance with the adopted
Comprehensive Plan level of service (LOS) standards. This review
has been accomplished in collaboration with the City’s Finance
Department, Public Works Department, other City Departments, and
agencies.
Please be advised the Five-Year Capital Plan and projects
description are copied from the City budget approved by the City
Commission in September of 2022. Therefore, the budgetary
information cannot be altered or otherwise modified as part of the
CIE update process.
On April 19, 2023, the Planning and Zoning Board heard the Capital
Improvement Element update and related project sheets. The
Planning and Zoning Board voted unanimously to forward this
ordinance to the City Commission with a recommendation to approve
the Capital Improvement Element update and related project sheets.
For more information see the attached Capital Improvement Element
update/Level of Service Report and related replacement project
City of Deltona Page 7 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
sheets.
Attachments: Staff Report
CIE 2022-2023 Level of Service Report
VCSB Level of Service Chart_SY-2022-2023
Ordinance No. 06-2023.pdf
EXHIBIT A
O-06-2023 - revised ad
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Consideration the request from Devin Williamson owner/investor of MADD
Assets, LLC for a partial release of lien - Danny Ron, Code Compliance
Division (386) 878-8702 and Suzette Cameron, Assistant to the City Manager
(386) 878-8615.
Strategic Goal: Effective Governance and Productive Government
Background: The property located at 257 Fort Smith Boulevard, Deltona, FL
32738 and 1197 Acorn Court, Deltona. FL 32725 and 1203 Stillwater
Avenue, Deltona, FL 32725 were once all originally owned by Mr.
Brian K Bromagen. May of 2021 , Mr. Williamson owner/investor of
MADD Assets, LLC, 1210 SW 2nd Ave., Okeechobee, FL 34974
purchased the lot located at 257 Fort Smith Boulevard, Deltona, FL
32738. Mr. Williamson is requesting a partial lien release in order to
sell the property with a clear title. He purchased the lot from Mr.
Brian K. Bromagen for $8,000.00 and has an asking price of
$49,000.00. Mr. Williamson has had two (2) potential purchasers and
neither deal has come to fruition due to the cross attached liens. This
lot has cross attached liens incurred by the original seller and liens
have been recorded since 2014, which were present at the time of
purchase in 2021.
Special Magistrate Liens owed for property located at 1197 Acorn
Court, Deltona, FL 32725. Special Magistrate Liens are related to:
Improper Parking, Inoperable vehicles and trailers, No Permit for
accessory structure, too many vehicles, No Permit for a fence,
Outdoor storage and debris.
$130,300.00
Municipal Liens owed for property located at 1197 Acorn Court,
Deltona, FL 32725. Municipal Liens are related to: Lot
Maintenance, Abate the property of outdoor storage and debris on
two (2) separate occasions.
City of Deltona Page 8 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
$8,062.73
Special Magistrate Liens owed for property located at 1203 Stillwater
Avenue, Deltona, FL 32725. Special Magistrate Liens are related to:
More than permitted allowed number of vehicles and/or trailers
parked on the on property.
$25,500.00
$163862.73
This matter was presented before the Special Magistrate hearing on
April 26, 2023. Special Magistrate recommended that the City
Commission grant a partial release of lien for 257 Fort Smith
Boulevard only.
Attachments: Property Appraiser -1197 Acorn Ct.
Warranty Deed for 257 Fort Smith Blvd. - MADD Assets LLC
Property Appraiser - 257 Fort Smith Blvd.
Warranty Deed for 1197 Acorn Ct.
Payoff Letter - 1197 Acorn Ave. DEL-22-168; DEL-16-203 Rpt of DEL-15-113; D
DEL-16-201 1197 ACORN CT.
DEL-16-202 1197 ACORN CT.
DEL-16-203 1197 ACORN CT.
DEL-16-204 1197 ACORN CT.
DEL-22-168 MASSEY 1197 ACORN CT.
Warranty Deed for 1203 Stillwater Ave.
Payoff Letter - 1203 Stillwater Ave. DEL-16-205 & DEL-16-206 (5-16-23)
Property Appraiser - 1203 Stillwater Ave.
DEL-16-205 1203 STILLWATER AVE.
DEL-16-206 1203 STILLWATER AVE.
B. Consideration for a reduction in the fine of $75,100.00 assessed pursuant to
Special Magistrate Cases DEL-22-060, DEL-22-061 & DEL-22-062. Mr. Erich
Spivey (Real Estate Agent) is present as representation regarding 1299
Fountainhead Drive, Deltona, FL 32725 - Danny Ron, Code Compliance
Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager
(386) 878-8615.
Strategic Goal:
Background: Regarding Cases DEL22-060; DEL22-061 and DEL22-062 .
DEL-22-060
Violation: City of Deltona Ordinance Section 18-5, adopting the latest
City of Deltona Page 9 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
edition of the International Property Maintenance Code, Section
302.7, which states all accessory structures, including detached
garages, fences and walls, shall be maintained and kept in good
repair and sound structural condition.
The total amount due - 223 days @ $100.00 = $22,300.00
Staff time and cost into this case is $640.00
DEL-22-061
Violation: City of Deltona Ordinance, Section 18-3, adopting the
latest edition of the Florida Building Code, Section 105.1, which
states that any owner, authorized agent, who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code,
or to cause any such work to be done, shall first make application to
the Building Official and obtain the required permit.
The total amount due - 227 days @ $100.00 = $22,7 00.00
Staff time and cost into this case is $640.00
DEL-22-062
Violation: City of Deltona Ordinance, Section 18-3 , adopting the
latest edition of the Florida Building Code, Section 105.1 which
states that any owner, authorized agent, who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code,
or to cause any such work to be done, shall first make application to
the Building Official and obtain the required permit.
The total amount due is 301 days @ $100.00 = $30.100.00
Staff time and cost into this case is $640.00
On April 26, 2023, Real Estate Agent Erich Spivey appeared before
the Special Magistrate to request a recommendation to reduce the
fine. Ms. Eick stated she was in favor of a reduction in this case. It
did take time to come into compliance based on the difficulty of
finding a contractor to work on and improve, a structure that was
already built. Based on the finding that the property is in full
compliance, the Special Magistrate Kristin Eick made a
recommendation to reduce the fine to $2000.00 for each case file
and stated it would have to go before the City Commission for the
decision. (DEL-22-060, DEL-22-061 and DEL-22-062) for a total fine
of $6,000.00.
City of Deltona Page 10 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
Attachments: DEL-22-060 Massey - 1299 Fountainhead Drive
DEL-22-061 Massey - 1299 Fountainhead Drive
DEL-22-062 Massey - 1299 Fountainhead Drive
C. Contract - Request for approval to expend no more than $40,000.00 in State of
Florida Finance Corporation (SHIP) funds for a Disaster Assistance project
located at 1785 Tanner Court. - Suzette Cameron, Assistant to the City
Manager (386) 878-8615.
Strategic Goal: Housing and Community Development.
Background: The City is an entitlement community and receives funds from the
State Florida Housing Finance Corporation under the State Housing
Initiatives Partnership (SHIP) program. The City operates a State
approved program known as the Disaster Assistance Program. The
Disaster Assistance program assist residents with insurance
deductible or home repair assistance that may be required due to a
disaster event.
The property located at 1785 Tanner Court, is in need of a new Roof,
and two new HVAC systems, for more information see the attached
rehabilitation proposal.
Staff has determined based on income and household size (number
of people residing in the house) the household is considered “low”
income. The income thresholds are predicated on area median
income data derived from the Deltona, Daytona Beach, and Ormond
Beach Municipal Statistical Area (MSA).
Finally, the State funds invested in this property will be subject to a
non-interest-bearing lien with a 5-year life. If the property is sold or
refinanced within the 5-year timeframe, the City will need to be
repaid the money invested in the house. However, if the present
owner stays in the house beyond the 5-year timeframe, the lien is
forgiven.
Attachments: Roof quotes for Tanner Ct..pdf
DUNCAN SYNERGY HVAC QUOTE.pdf
Duncan OLYMPIC HVAC QUOTE.pdf
City of Deltona Page 11 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
9. 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.
10. 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 of Bid Number 23009 for the installation of 5/8” x ¾”
Automated Meter Reading (AMR) water meters to Vanguard Utility Service,
Inc. in the amount of $547,515 - Glenn Whitcomb, Public Works/Deltona Water
(386) 878-8929.
Strategic Goal: Infrastructure
Background: The City utilized ARC Funding to purchase approximately 35,000
AMR water meters with the remaining funds encumbered for meter
installation. Deltona Water Staff have been installing the remote
read meters in all new subdivisions as well as with new in-fill home
construction. All existing Deltona Water customers require meter
replacement, prompting the need to hire a contractor to help facilitate
this orderly replacement program.
The City solicited bids for installation of the water meters. The bid
was broadcast to 1666 companies and there were 32 plan holders
and 9 supplemental supplies. Two (2) bids were received from
National Metering Services Inc and Vanguard Utility Service, Inc.
National Metering Services, Inc. total bid is $564,300 and Vanguard
Utility Service, Inc. bid is $547,515.
The contract is being presented for an initial 10,000-meter
installation with a period of performance of two years and may renew
annually upon satisfactory review of the work and upon agreement
by both parties.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the City
City of Deltona Page 12 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: Water Meter Installation Bid Tabulation #23009
National Metering Services Bid
Vanguard Utility Service Bid
B. Request approval for the direct purchase of a permanent By-Pass Pump from
Xylem Dewatering Solutions, utilizing the Florida Sheriffs Association Contract
#FSA20-EQU18.0 in the amount of $111,348.40 - Glenn Whitcomb, Public
Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Background: This is a Capital Improvement Project that was approved in the FY
22-23 budget. The Elkcam Boulevard Lift Station is one of several
Master Lift Stations in the City and has a very high volume of flow.
This permanent by-pass pump will significantly reduce the risk of an
overflow in the event of a power or internal electrical submersible
pump failure within the Lift Station.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the City
Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: Xylem By Pass Pump Quote 5.23
C. Request approval to award Bid# 23010, Nuisance abatements (lot mowing and
property maintenance) for Code Compliance Division. Ronald Riggs Bucket
Man, LLC; Ferrells Logistics, LLC; JBJ Operations, LLC and One Tru
Solutions, LLC. - Danny Ron, Code Compliance Manager (386) 878-8702 and
Suzette Cameron, Assistant to the City Manager (386) 878-878-8615.
Strategic Goal: Compliance of Residential and Commercial properties.
Background: Purchasing received four (4) responses to ITB# 23010 for Nuisance
abatements (lot mowing and property maintenance) for Code
Compliance Division. Danny Ron, Code Compliance Manager (386)
878-8702 and Suzette Cameron, Assistant to the City Manager (386)
878-878-8615. Staff reviewed bids and are recommending the bid be
awarded to all bidders. This will allow for the Code Compliance
Division to have coverage of a contractor to call upon should one not
be available.
City of Deltona Page 13 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
Attachments: Bid #23010 Nuisance Abatements
Ronald Riggs Bucket Man LLC
Ferrells Logistics LLC
JBJ Operations LLC
One Tru Solutons LLC
D. Approval of Construction Contractors for Housing and Community
Development grant programs - Suzette Cameron, Assistant to the City
Manager, (386) 878-8615.
Strategic Goal: Effective Governance and Productive Government
Background: Staff solicited proposals for RFP#23014 for Contractors for Housing
and Community Development. Four responses were received. They
were from
1. A Quick Board Up Service, Inc.
2. Parthy, LLC,
3. UDH Contractors, LLC, and
4. Votum Construction.
The Selection Committee, made up of Suzette Cameron, Angelia
Briggs, Damaris Miranda, and Don Hoppa completely reviewed and
scored the proposals. The Selection Committee then met to discuss
their scoring of the responses and there was a consensus to
recommend making award to all four companies and have them bid
each job against one another.
Staff recommends approval of staff’s recommendation to award
RFP#23014 to A Quick Board Up Service, Inc., Parthy, LLC, UDH
Contractors, LLC, and Votum Construction.
Attachments: Award memo and proposals for RFP#23014 (002).pdf
E. Request for approval of Resolution No. 2023-10, declaring certain tangible
personal property owned by the City as surplus and authorizing the City
Manager or designee to dispose of them - Mari Leisen, Finance Department
386-878-8553.
Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize
alternative funding sources, and promote an effective system of checks and
balances.
Background: Over time, certain tangible personal property items owned by the City
become obsolete or lose their usefulness due to age, usage,
upgrade, or damage. Staff regularly compiles a list of such items to
City of Deltona Page 14 Printed on 5/19/2023
City Commission Regular Commission Meeting May 22, 2023
present to the Commission for approval as required by Florida
Statutes. Surplus items are disposed of by the most appropriate
available means available. The attached Resolution contains a list of
items to be declared surplus and authorizes their disposal.
Attachments: RESOLUTION FOR THE SALE OF SURPLUS
FINAL - Auction-May 5 2023
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need a
record of the proceedings, and for such purpose he/she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk, Joyce Raftery 3 business days in
advance of the meeting date and time at (386) 878-8500.
City of Deltona Page 15 Printed on 5/19/2023
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