City Commission
Regular MeetingDeltona, FL · June 19, 2023
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, June 19, 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.
BUSINESS MEETING - 6:30 PM
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
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Present: 6 - Mayor Avila
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
Absent: 1 - Vice Mayor Bradford
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #2 Commissioner.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of May 22,
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 22, 2023, as presented. The motion carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Juneteenth 2023
B. FY2021/2022 Annual Audit Presentation: Annual Comprehensive
Financial Report for the Year Ended September 30, 2022 - Mari Leisen,
Finance Department (386) 878-8553.
Finance Director Mari Leisen gave a brief explanation of the item and introduced Lori
Walker a Certified Public Accountant with Purvis and Gray who gave an overview of the FY
2021/2022 CAFR (Comprehensive Annual Financial Report).
Mayor Avila requested that each Commissioner speak for no more than four (4)
minutes, twice, until the quasi-judicial hearings and the Commission concurred.
Motion by Commissioner McCool, seconded by Commissioner
Avila-Vazquez, to approve the City's Annual Comprehensive Financial
Report for the period ending September 30, 2022. The City Manager has
the authority to make corrections of scrivener's errors and the like. The
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motion carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-14, Establishing the Preliminary
Annual Rate Resolution - Stormwater Services for FY2023/2024 - Mari
Leisen, Finance Director (386) 878-8553
Strategic Goal: Fiscal Issues
Bryan Mantz, CMC, CGFM, President with GovRates gave a PowerPoint Presentation on
the Stormwater Utility System.
The Commission, City Manager and Jeremy Niedfeldt with PFM Financial Advisors, LLC,
discussed the bond rating, phased approach, inflation rates, the Theresa basin study, fixed
incomes, fixing the past, leveling service, and raising rates.
Mayor Avila opened the public comments and Adam Vazquez, Kathy Bryan, Richard
Bellach and David Sosa, addressed the City Commission.
Motion by Commissioner McCool, seconded by Commissioner Colwell,
to adopt Resolution No. 2023-14. The City Manager has the authority to
correct scrivener's errors and the like. The motion carried by the
following vote:
For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, and Commissioner McCool
Against: 1 - Commissioner JodyLee
B. Public Hearing - Resolution No. 2023-15, Establishing the Preliminary
Annual Rate of Assessment for Solid Waste Services for FY 2023/2024 -
Mari Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Finance Director Mari Leisen gave an brief explanation of the item and introduced Bill
Redman with RCG (Redman Consulting Group) who spoke about the rate assessment for
solid waste and county disposal cost going up 11%.
The Commission, City Attorney, and City Manager discussed recyclables, the rate structure
and processing fees, recycle options, cost, bulk items, yard waste, move outs, lowering our
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footprint, residential waste, businesses, individual contracts, complaints, renewing the
contract, and not approving the increase.
Motion by Commissioner McCool, seconded by Commissioner
Avila-Vazquez, to adopt Resolution No. 2023-15. The City Manager has
the authority to correct scrivener's errors and the like.
Mayor Avila opened the public comments and Brandy White, Kathy Bryan and Richard
Bellach addressed the City Commission.
The Commission discussed recycling money, tabling the item, refunding residents, costs
with and without recycling, resolution deadline, and establishing a special recycling fund.
Amended motion by Commissioner McCool, to table the discussion of
the rates until such time as the Commission is provided clarity on
options for the City until the option is made available as far as where
the recycling fee went and until such time as we have clarity on when
the contract should begin and end again. The motion died for lack of a
second.
Mayor Avila took a recess at 7:46 p.m. and reconvened at 7:56 p.m.
Commissioner McCool stated for clarification there was never a special fund established,
there was talk about it, but it was never followed through on. This item needs to be
submitted to the Property Appraiser by the first of August. She asked that the City Manager
get with staff regarding the establishment of a special recycling fund, clear definition as to
when the contract took place and to clear up any questions by residents by the next regular
meeting.
Amended motion by Commissioner McCool, seconded by
Commissioner Avila-Vazquez to adopt Resolution No. 2023-15 with the
understanding that by the next Regular Commission Meeting the City
Manager will clear up the rate status and we will at that time, we would
be able to lower the rate but, not raise it. The motion carried by the
following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
C. Public Hearing - Resolution No. 2023-16, Establishing the Preliminary
Annual Rate Resolution - Streetlighting Services for FY 2023/2024 - Mari
Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
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Motion by Commissioner JodyLee, seconded by Commissioner
Avila-Vazquez, to adopt Resolution No. 2023-16. The City Manager has
the authority to correct scrivener's errors and the like. The motion
carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
D. Public Hearing - Resolution No. 2023-17, Establishing the Annual Rate
Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari
Leisen, Finance Director (386) 878-8553.
Strategic Goal: Strengthen Code Compliance and focus on the City’s
Beautification Program.
Motion by Commissioner McCool, seconded by Commissioner
JodyLee, to adopt Resolution No. 2023-17. The Acting City Manager has
the authority to correct scrivener's errors and the like. The motion
carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
E. Public Hearing - Resolution No. 2023-18, Establishing the Preliminary
Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services
for FY 2023/2024 - Mari Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Colwell, to adopt Resolution No. 2023-18. The City Manager has the
authority to correct scrivener's errors and the like. The motion carried
by the following vote:
For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
Against: 1 - Commissioner Burbank
F. 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
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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.
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 discussed the BPUD Amendment
Application Request, the history of the item and the staff recommendation.
The Commission and staff discussed the traffic study, growth, increase in costs, type of
housing, Senate Bill 102, proportionate fair share, original Development Agreement,
entitlements, vested rights, equivalency matrix, roadway deficiencies, the staff
recommendation, the application date, mixed use zoning, offers made by the City, email
communications, and Sunshine Laws.
Attorney Kim Booker, Booker & Associates, Attorney for the applicant discussed email
communications and requested that the portion of the application related to the annexation
of the 25.96 acres (ICC Project) be tabled and advertised at a later date.
The City Attorney requested that if the Commission wants to move forward with the request
that the fees incurred be passed on to the applicant. Attorney Booker replied they have no
objection to that.
Attorney Booker discussed the request to table and the history of the property. She also
gave a brief PowerPoint Presentation to include Improvements Required by Owner under
the Development Agreement Paragraph 10, Page 9; Traffic Trips Reservations, Paragraph
10, Pages 10-11; Traffic Trip Reservations, Paragraph 11, Page 11; Vested Traffic Trip
Reservations, Paragraph 11, Page 12; The Equivalency Matrix, Exhibit C; Binding Letter of
Acknowledgement of Vested Rights; Owner's Entitlements; Volusia County School Board
Adequate Capacity Determination Letter; Multi-family is a Permitted Use; Staff Report;
Vested Trips v. Project Trips; Comprehensive Plan; Section 110-1101 of Code of
Ordinances; Impact Fees; Benefits of Approving Application; Benefits of the proposed
Project; and Section 86-34(b)(7) Land Development Code.
The Commission concurred, with the exception of Commissioner McCool, to the
request from the Applicant's Attorney that the portion of the application related
to the annexation of the 25.96 acres (ICC Project) be tabled and advertised at a
later date.
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The Commission, Attorney Booker, and staff discussed piece mailing the area, 2018
concerns, Development of Regional Impact (DRI), everything predicated on 414 units, a
new proportionate share, and infrastructure.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Burbank, to approve Ordinance No. 04-2023, approving the amendment
to the 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 and the condition that a
new proportion fair share agreement be required for the difference in
transportation impact found within BCC technical memo dated April 28,
2023 if the trip counts are increased.
The motion was retracted by Commissioner Avila-Vazquez.
Motion by Commissioner Burbank, to approve Ordinance No. 04-2023,
amending the Deltona Business PUD overall Development Plan/Master
Development Plan increasing the number of multi-family unit allocation
for the BPUD from 414 units to 652 units; and amendment to the
Development Agreement approved by Ordinance No. 21-2009.
The motion died for lack of a second.
Motion by Commissioner Colwell, seconded by Commissioner
JodyLee, to approve with the removal of the 25.96 acres for Ordinance
No. 21-2009, to table the proportionate share at the developers cost at a
future date. The motion carried by the following vote:
Commissioner Avila-Vazquez asked for the motion to be reread.
Mayor Avila stated it is a motion to table the 25.96 acres of land with the condition that it is,
the fees are paid at the developer's expense at a later date.
The City Attorney stated it needs to say it would be heard at a future date and the developer
will pay the expenses of advertising and posting and any other expenses connected with it.
Deputy City Clerk read the motion, to be table the 25.96 to be heard at a later date and all
fees incurred are to be paid at the developers expense.
Mayor Avila opened the public hearing.
David Sosa, Elbert Bryan, and Adam Vazquez addressed the City Commission.
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Mayor Avila closed the public hearing.
The motion carried by the following vote:
For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, and Commissioner JodyLee
Against: 1 - Commissioner McCool
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Burbank, to approve Ordinance No. 04-2023, approving the amendment
to the 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 .61 acres of land to be
included within the Deltona Village BPUD and the condition that a new
proportion fair share agreement be required for the difference in
transportation impact found within BCC technical memo dated April 28,
2023 if the trip caps are increased.
Commissioner McCool questioned the language "...the condition that a new proportion fair
share agreement be required for the difference in transportation impact found within
BCC..." because it means nothing.
Attorney Booker stated they did not agree to any language nor was it proposed at any point
regarding a cap for the proportionate share. So there is no agree, there is no intension, that
there is any proportion share payment to be considered and she does not know where that
language came from.
Mr. Ruiz stated that language was there in the event that the Commission and the applicant
were to agree to increase that cap. So therefore it would no longer be applicable based on
the proposal of the applicant today and it would have to be removed from the motion.
Commissioner Avila-Vazquez withdrew her motion.
Motion by Commissioner JodyLee, seconded by Commissioner
Burbank, to approve Ordinance No. 04-2023, approving the amendment
to the 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.
Mayor Avila opened the public hearing.
David Sosa, Elbert Bryan, and Adam Vazquez addressed the City Commission.
Mayor Avila closed the public hearing.
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The motion carried by the following vote:
For: 4 - Commissioner Avila-Vazquez, Commissioner Burbank,
Commissioner Colwell, and Commissioner JodyLee
Against: 2 - Mayor Avila, and Commissioner McCool
Motion by Commissioner Burbank, to extend the meeting until we are
finished. The motion died for lack of a second.
Mayor Avila called for a recess at 9:46 p.m. and reconvened at 9:51 p.m.
Motion by Commissioner JodyLee, seconded by Commissioner
Colwell, to extend the meeting until tomorrow. Commissioner JodyLee
withdrew the motion.
Motion by Commission JodyLee, seconded by Commissioner Colwell,
to extend the meeting 48 hours from now. The motion failed by the
following vote:
For: 3 - Mayor Avila, Commissioner Colwell, and Commissioner
JodyLee
Against: 3 - Commissioner Avila-Vazquez, Commissioner Burbank, and
Commissioner McCool
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Colwell, to continue the meeting today for another hour. The motion
carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
G. 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 second
and final hearing - Joseph Ruiz, Planning and Development Services
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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 explanation of the item.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Colwell, to adopt Ordinance No. 05-2023, amending the Official Zoning
Map to rezone ?1.76 acres of land from Business Planned Unit
Development (BPUD) to Retail Commercial District (C-1) at second and
final hearing. The City Manager has the authority to make corrections of
scrivener's errors and the like.
Mayor Avila asked if there were any questions for the applicant and there were none.
Mayor Avila opened and closed the public hearing as there were no public comments.
The motion carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
H. 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 second and final hearing - Joseph Ruiz, Planning and
Development Services Director, (386) 878-8624.
Strategic Goal: Provide Sustainable and Effective Public Services
Planning & Development Services Director Joe Ruiz gave a brief explanation of the item.
Motion by Commissioner JodyLee, seconded by Commissioner
Avila-Vazquez, 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 second and final reading.
The City Manager has the authority to make corrections of scrivener's
errors and the like.
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The Commission, staff discussed LOS (Level of Service), public safety, VSO (Volusia
Sheriff's Office) Contract, impact fees, and establishing a public safety matrix.
The motion carried by the following vote:
For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, and Commissioner JodyLee
Against: 1 - Commissioner McCool
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Consideration of appointment or re-appointment of City representative
to the Volusia Growth Management Commission (VGMC) - Joyce
Raftery, City Clerk’s Department (386) 878-8502.
Strategic Goal: Internal & External Communication
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
McCool, to confirm the following Commission appointment of citizen
member Sandi Lou Gallagher as the City's representative to the Volusia
Growth Management Commission (VGMC) for a four-year (4) term to
expire on June 30, 2027. The motion carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
B. Discussion regarding the request for and presentation of the Key to the
City - James Chisholm, City Manager (386) 878-8858.
The City Manager stated he has had numerous inquiries from Commission members about
the key to the City. Historically the Mayor is the one that makes that presentation for the City
but, he does not have anything that gives direction as to how that should happen and he
asked for ideas from the Commission.
The Commission discussed past practice, recognition process, notifying Commissioners,
Commissioner participation, requests and permission for key presentations.
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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.
Motion by Commissioner Burbank, seconded by Commissioner McCool,
to approve the Consent Agenda in total, Items 10-A through 10-K. The
motion carried by the following vote:
For: 6 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Burbank, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
A. Request approval to award Bid # 23016, Citywide HVAC Replacement to
Air Current, Inc and approval of Resolution 2023-19 and budget
amendment to transfer funds from the Parks Projects Fund to the
Capital Equipment Replacement and Water/Sewer Utility Funds - Mark
Manning, Parks & Recreation, (386) 878-8905.
Strategic Goal: Effective Governance and Productive Government
Approved by Consent Agenda - to approve the award of Bid #23016,
Citywide HVAC Replacement to Air Current, Inc. in the grand total
amount of $488,368.00 and associated Resolution 2023-19 and budget
amendment to allocate the funds. The City Manager has the authority to
make corrections of scrivener's errors and the like.
B. Request approval for payment of installation of pavilions at Dwight
Hawkins Park. The entire project is not to exceed $50,000.00 - Mark
Manning, Parks & Recreation (386) 878-8905
Strategic Goal: Infrastructure
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Approved by Consent Agenda - to approve payment of installation of
the pavilion at Dwight Hawkins Park. This project piggybacks on Volusia
County Bid MTS-906BC. The City Manager has the authority to make
corrections of scrivener’s errors and the like.
C. Request to approve the Automatic and Interlocal Agreement between
City of Deltona, City of Deland, and City of Orange City. - Fire Chief Bill
Snyder, Fire Department (386) 575-6902
Strategic Goal: Public Safety
Approved by Consent Agenda - to award approve the Automatic and
Interlocal Agreement between City of Deltona, City of Deland, and City
of Orange City.
D. Request for approval of Resolution No. 2023-11 and budget amendment
to appropriate the funding received from the State of Florida and budget
the expenditures for Hurricane Housing Recovery Program. - Mari
Leisen, Finance Department (386) 878-8553.
Approved by Consent Agenda - to recommend approval of Resolution
No. 2023-11 and the budget amendment to appropriate the funds and
budget the expenditures for the Hurricane Housing Recovery Program.
The City Manager has the authority to correct scrivener’s errors and the
like.
E. Request for approval of Resolution 2023-12 and budget amendment to
appropriate a portion of the City’s Natural Disaster Reserve to fund
storm related expenses for debris removal, debris monitoring, site
rental, and city property damage from Hurricane Ian and Hurricane
Nicole. Request approval for emergency purchase orders related to
Hurricane Ian and Hurricane Nicole. - Mari Leisen, Finance, 386 878-8552
Strategic Goal: Public Safety
Approved by Consent Agenda - to approve Resolution 2023-12
appropriating a portion of the City’s Natural Disaster Reserve to fund
storm related expenses including, but not limited to, debris removal,
debris monitoring, site rental, and city property damage from Hurricane
Ian and Hurricane Nicole and ratification of emergency purchase orders.
F. Request for approval of a Federally Funded Subaward and Grant
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Agreement for DR-4680 Hurricane Nicole - Mari Leisen, Finance
Director, (386) 878-8553.
Strategic Goal: Fiscal Issues - Grant Management.
Approved by Consent Agenda - to approve the Federally Funded
Subaward and Grant Agreement for DR-4680 Hurricane Nicole and direct
the City Manager to execute the agreement. Upon approval of this item
authorizes any and all necessary actions, documents or budget
transfers to facilitate Commission approval and further authorizes the
City Mayor to sign any documents necessary to further Commission
approval of this item.
G. Request to Bid Award for JC KC Construction, LLC for IT Room 149
renovations to add walls to create offices for $28,894 - Robert Cordero,
Director of Information Technology Services (386) 878-8807.
Strategic Goal: Internal and External Communication
Approved by Consent Agenda - to approve the bid award for the
renovation of the IT Room 149 in the amount of $28,894. The City
Manager has the authority to make corrections of scrivener’s errors and
the like.
H. Request for approval to contract with Don Bell Signs to replace the
monitors of the digital monument sign located at Saxon and Normandy.
Catherine Barker, Public Information Officer (PIO), (386)878-8755
Strategic Goal: Accurate, Timely and Identifying Communication
Approved by Consent Agenda - that the City of Deltona enters into
contract with Don Bell Signs to replace the monitors of the digital
monument sign located at Saxon and Normandy.
I. Request approval for bid award to Rocha Controls in the amount of
$48,509 to provide design and construction services for the installation
of new variable frequency drives for sanitary sewer Lift Station #18, in
accordance with their Agreement with the City of Deltona and RFQ# PW
18-04 for Supervisory Control and Data Acquisition (SCADA) System
Upgrades and Maintenance - Glenn Whitcomb, Public Works/Deltona
Water (386) 878-8929.
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Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve the contract between the
City of Deltona and Rocha Controls in the amount of $48,509. The City
Manager has the authority to make corrections of scrivener’s errors and
the like.
J. Request approval for award of bid for the Lake Helen Osteen Sanitary
Sewer Replacement with Hazen Construction, LLC in the amount of
$469,248.00 - Glenn Whitcomb, Public Works/Deltona Water (386)
878-8929.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve the contract between the
City of Deltona and Hazen Construction, LLC in the amount of
$469,248.00 for the Lake Helen Osteen Sanitary Sewer Replacement.
The City Manager has the authority to make corrections of scrivener’s
errors and the like.
K. Request approval for the advancement of identified Capital Parks
Projects from future budgeted years to be funded and completed during
FY 22/23 - Mark Manning, Parks & Recreation, (386) 878-8905.
Strategic Goal: Effective Governance and Productive Government
Approved by Consent Agenda - to approve the advancement of
identified Capital Parks Projects from future budgeted years to be
funded and completed during FY 22/23. The City Manager has the
authority to make corrections of scrivener’s errors and the like.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner Burbank requested a workshop on the Comprehensive Plan and EAR
(Evaluation & Appraisal Report).
Commissioner McCool requested that the City Attorney agreement be posted and shared
with the public. She requested to share that the legal pass through process has been done.
Also, she requested a pride proclamation be issued in June of next year.
Mayor Avila requested that when the City Attorney agreement is shared, that parameters
are set so that the Commission knows how much the normal billing is going to be
consistently and for the City Attorney to let the Mayor and Commission know when she is
over her parameters.
City of Deltona Page 15 Printed on 6/30/2023
City Commission Minutes June 19, 2023
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
The City Manager stated the Commission received a letter that was prepared for the
Delegation and it identifies the amount of funds that staff has been able to bring back to the
City. There were funds in the Legislature that were appropriated and funds that were
available to the City through various FEMA and other Federal projects, total of which is
about $15 million combined. There is $10,087,500 from outside sources and City funding
required to match it would be $6,962,500. All of these are related to primarily storm
damage that occurred within the City and mitigation as it relates to solving some of the
storm problems.
14. CITY COMMISSION COMMENTS:
Commissioner Burbank spoke about the Comprehensive Plan Policy CON2 - WR2.2,
assessing people equitably, cleaning City vehicles, and community service hours.
Commissioner Avila-Vazquez gave an apology for her outburst and she spoke about
Veterans and property taxes.
Commissioner JodyLee spoke about a developer meeting with an elected official.
Commissioner McCool spoke about homestead and tax breaks, the letter to Senator Tom
Wright, the City Manager Report and she thanked staff for all they do.
Mayor Avila spoke about the meeting and greet, his Town Hall, Sunshine Law,
Commissioner Burbank's emails, and City contracts.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 10:47 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
City of Deltona Page 16 Printed on 6/30/2023
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, June 19, 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.
City of Deltona Page 1 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
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 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.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of May 22, 2023, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: May 22, 2023 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Juneteenth 2023
Background: Juneteenth is the oldest known public celebration of the end of slavery
in the United States. Juneteenth commemorates African American
freedom and celebrates the successes gained through education and
greater opportunity.
B. FY2021/2022 Annual Audit Presentation: Annual Comprehensive Financial
Report for the Year Ended September 30, 2022 - Mari Leisen, Finance
Department (386) 878-8553.
Background: The City undergoes a financial audit each year and issues an Annual
Comprehensive Financial Report that includes the City’s financial
statements. The independent audit firm of Purvis Gray, Certified Public
Accountants will present the City’s audited Annual Comprehensive
Financial Report for the year ended September 30, 2022.
Attachments: Annual Comprehensive Financial Report FY2022
City of Deltona Page 2 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-14, Establishing the Preliminary Annual
Rate Resolution - Stormwater Services for FY2023/2024 - Mari Leisen, Finance
Director (386) 878-8553
Strategic Goal: Fiscal Issues
Background:
The Stormwater Utility System is based on operation and capital needs
and is funded by fees levied to the property owners in the City of
Deltona. The current rate of $128 was adopted five years ago and will
not support the Stormwater Utility System for capital projects. The
impacts of Hurricane Ian and Nicole resulted in approximately 250
homes being flooded, roadways closed and an overwhelming
unprecedented impact on the stormwater infrastructure. The City has
identified a number of projects to begin the process of upgrading and
improving the stormwater infrastructure that in some areas is nearly 60
years old. One major project is the Theresa Basin Study, which will
result in identifying areas of greatest need and projects that can
improve and enhance the flow of stormwater through the City of
Deltona. Staff is pursuing every avenue of funding including grants,
appropriations and similar to help off-set what is anticipated as a $50M
need for stormwater upgrades and improvements.
Section 54-158 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for stormwater utility assessments for FY 2023/2024. Staff is
proposing an annual rate of $160.00 per ERU (Equivalent Residential
Unit), which will increase by $32.00 or 25% from the current annual rate
of $128.00 per ERU due to upcoming Stormwater improvement capital
projects.
Upon approval of this item authorizes any and all necessary actions,
documents or 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: 2023-14 Reso - Preliminary Stormwater rate- June
Presentation.pdf
DRAFT Deltona Stormwater Assessment Report 06_12_2023
City of Deltona Page 3 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
B. Public Hearing - Resolution No. 2023-15, Establishing the Preliminary Annual
Rate of Assessment for Solid Waste Services for FY 2023/2024 - Mari Leisen,
Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: The Solid Waste Collection System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-56 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution.
The residential solid waste collection rates for FY 2023-2024 have
been calculated based on the following criteria:
The Volusia County landfill cost is increasing as of October 1,
2023. The current rate for regular household garbage will increase
from $34.00 per ton to $37.00 per ton, household yard waste and
bulk items will increase from $23.00 per ton to $30.00 per ton.
The Consumer Price Index is adjusted annually based on the
Sewer, Water, Trash index of the percentage change from April of
the previous year to April of the current year.
The fuel adjustment component is adjusted annually based on the
change in the average monthly pricing of diesel fuel for the last 12
months and the current pricing.
The result of those calculations has a 34.6% increase in fuel
component, 11% increase in disposal cost component and a 5.4%
increase in the collection component.
The annual solid waste assessment rate for FY 2023/2024 is proposed
at $233.15 per Equivalent Residential Unit (ERU), which is increased
by $30.35 or 14.97% from the current fiscal year rate. This is the first
rate increase the City has implemented in six years, which is actually
calculated to a 2.49% increase annually.
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
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City Commission Regular Commission Meeting June 19, 2023
this item.
Attachments: 2023-15 Reso - Preliminary Solid Waste assessment- June
Deltona new fuel calculations WP 2023.pdf
Deltona CPI WP worksheet 2023
Assessment Cost
Landfill Cost
C. Public Hearing - Resolution No. 2023-16, Establishing the Preliminary Annual
Rate Resolution - Streetlighting Services for FY 2023/2024 - Mari Leisen,
Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: The Streetlighting Services System is based on operational and capital
needs, and is funded by fees levied to the property owners in the City.
Section 54-253 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The proceedings for adoption of
an Annual Rate Resolution require the adoption of a Preliminary and
Annual Rate Resolutions. Attached is the Preliminary Annual Rate
Resolution for street lighting assessments.
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.
Attachments: 2023-16 Reso - Preliminary Streetlighting-June
D. Public Hearing - Resolution No. 2023-17, Establishing the Annual Rate
Resolution - Nuisance Abatement Services for FY 2023/2024 - Mari Leisen,
Finance Director (386) 878-8553.
Strategic Goal: Strengthen Code Compliance and focus on the City’s
Beautification Program.
Background: The Nuisance Abatement Assessment was established in 2018 for the
collection of unpaid costs and expenses incurred by the City for
nuisance and lot clean-up. On June 6, 2022, the commission, by
unanimous vote, recommended the City to include $1,527.30 as a
non-ad valorem tax levy for 179 Citation Avenue for a period of ten
years. This is an effort for the City to recoup the costs associated with
the abatement of the property for clean-up that is a nuisance and a
threat to public health, safety and welfare.
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City Commission Regular Commission Meeting June 19, 2023
Section 54 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Annual Rate Resolution for
Nuisance Abatement Services for FY 2023/2024. The total outstanding
and unpaid assessments for the provision of Nuisance Abatement
Services for FY 2023/2024 is $1,527.30.
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: 2023-17 Reso - Preliminary Nuisance Abatement June 2023
E. Public Hearing - Resolution No. 2023-18, Establishing the Preliminary Annual
Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY
2023/2024 - Mari Leisen, Finance Director (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: The Lake McGarity Special Assessment District was established to
provide aquatic weed control services for the Lake. The cost of those
services is apportioned to properties that will benefit from those
services and will be levied to the property owners.
Section 54-16 of the Code of Ordinances requires that the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. The initial proceedings for the
adoption of an Annual Rate Resolution require the adoption of a
Preliminary Rate Resolution. Attached is the Preliminary Rate
Resolution for Aquatic Weed Control Services assessments for the
Lake McGarity Special Assessment District for FY 2023/2024. Staff is
proposing an annual rate of $60.00 per assessed parcel, which is
increased from the rate for the current fiscal year.
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: 2023-18 Reso - Preliminary Lake Clean Up - June - $60
F. 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
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City Commission Regular Commission Meeting June 19, 2023
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.
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:
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City Commission Regular Commission Meeting June 19, 2023
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.
On May 22, 2023, the applicant requested a continuance of the
rehearing of Ordinance No. 04-2023, in light of the latest proportionate
fair share memo prepared by BCC, Engineering.
Since the April 3, 2023, City Commission Meeting, 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 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
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City Commission Regular Commission Meeting June 19, 2023
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
Ordinance 04-2023 ad
O-04-2023-2nd ad
G. 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 second and final hearing -
Joseph Ruiz, Planning and Development Services 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 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
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City Commission Regular Commission Meeting June 19, 2023
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.
On May 22, 2023, the City Commission voted six (6) to zero (0) to
approve Ordinance No. 05-2023.
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
Presentation Ord 05-2023
O-05-2023-revised ad
H. Public Hearing - Ordinance No. 06-2023 amending the Comprehensive Plan of
the City of Deltona, amending the Capital Improvements Element by providing
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City Commission Regular Commission Meeting June 19, 2023
for the replacement of the Capital Improvement Project sheets, at second and
final hearing - Joseph Ruiz, Planning and Development Services 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. On May 22,
2023 the City Commission voted six (6) to zero (0) to approve
Ordinance No. 06-2023.
For more information see the attached Capital Improvement Element
update/Level of Service Report and related replacement project 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:
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City Commission Regular Commission Meeting June 19, 2023
A. Consideration of appointment or re-appointment of City representative to the
Volusia Growth Management Commission (VGMC) - Joyce Raftery, City Clerk’s
Department (386) 878-8502.
Strategic Goal: Internal & External Communication
Background: The appointment of Sandy Lou Gallagher as the City’s representative to
the Volusia Growth Management Commission (VGMC) expires June
30, 2023 and she has indicated that she would like to be re-appointed
as the City’s representative. The City has advertised the opening and
has received one additional application from Elizabeth Chavez.
Attachments: Application - Sandy Lou Gallagher
Application - Elizabeth Chavez
B. Discussion regarding the request for and presentation of the Key to the City -
James Chisholm, City Manager (386) 878-8858.
Background: This item is to discuss requests for and the presentation of the Key to
the City.
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 to award Bid # 23016, Citywide HVAC Replacement to Air
Current, Inc and approval of Resolution 2023-19 and budget amendment to
transfer funds from the Parks Projects Fund to the Capital Equipment
Replacement and Water/Sewer Utility Funds - Mark Manning, Parks &
Recreation, (386) 878-8905.
Strategic Goal: Effective Governance and Productive Government
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City Commission Regular Commission Meeting June 19, 2023
Background: As part of an energy efficiency study that was recently completed,
multiple HVAC units at all City facilities (Parks, Fire, Public Works,
Deltona Water) were identified as in need of replacement. This project
will replace those HVAC units that need replacement. The projects
were budgeted for FY2023 in the Parks Projects Fund, however the
appropriate fund to pay for the expenses is the Capital Equipment
Replacement Fund and Water/Sewer Fund. A budget resolution and
amendment has been prepared to make the adjustment.
Attachments: ROA
Bid tav with Grand total for Bid 23016 Citywide HVAC Replacement.pdf
2023-19 Resolution for Purchase of HVAC replacement units citywide
BA2023-036 HVAC replacements
B. Request approval for payment of installation of pavilions at Dwight Hawkins
Park. The entire project is not to exceed $50,000.00 - Mark Manning, Parks &
Recreation (386) 878-8905
Strategic Goal: Infrastructure
Background: The Dwight Hawkins replacement was approved as part of the parks
department capital improvement project budget for FY2022-2023. The
quote from Miller Recreation piggybacks on Volusia County Bid
MTS-906BC. The budget amount was $50,000, this project will not
exceed the budgeted amount of $50,000.
Attachments: Dwight Hawkins Park Shelter Quote.pdf
C. Request to approve the Automatic and Interlocal Agreement between City of
Deltona, City of Deland, and City of Orange City. - Fire Chief Bill Snyder, Fire
Department (386) 575-6902
Strategic Goal: Public Safety
Background: The Fire Department has an Automatic and Interlocal Agreement
between our neighboring cities of Deland and Orange City for the last
ten years and just expired May 14, 2023. The Fire Chiefs have worked
together to update the current agreement and have established the
attached agreement. This updated agreement allows for the contract to
continuously renew for five-year periods until one of the parties
terminates the agreement. It also includes an additional agreement in
regards to the ability to borrow equipment as needed on the very rare
occasion it may be occur.
Attachments: Deland Orange City Automatic Aid-w Equipment Exchange Final.pdf
EQUIPMENT EXCHANGE FORM FINAL.pdf
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D. Request for approval of Resolution No. 2023-11 and budget amendment to
appropriate the funding received from the State of Florida and budget the
expenditures for Hurricane Housing Recovery Program. - Mari Leisen, Finance
Department (386) 878-8553.
Background: In the special legislative session held in December 2022, Florida
Housing Finance Corporation was appropriated funding for Hurricane
Housing Recovery (HHRP) that is allocated through the State Housing
Initiative Program (SHIP). The funds are available to the municipalities
impacted by Hurricane Ian and/or Nicole. The funds may be used to
assist those directly affected by one the declared disasters. The City of
Deltona has received an allocation in the amount of $550,437.
Attachments: 2023-11 Reso - BA 2023-030 Hurricane Housing Recovery
BA2023-030 Hurricane Housing Recovery Program
E. Request for approval of Resolution 2023-12 and budget amendment to
appropriate a portion of the City’s Natural Disaster Reserve to fund storm
related expenses for debris removal, debris monitoring, site rental, and city
property damage from Hurricane Ian and Hurricane Nicole. Request approval
for emergency purchase orders related to Hurricane Ian and Hurricane Nicole. -
Mari Leisen, Finance, 386 878-8552
Strategic Goal: Public Safety
Background: A budget amendment is needed to appropriate the necessary funds for
expenses caused by Hurricane Ian and Hurricane Nicole. Ultimately,
these gross expenses, net of any FEMA reimbursements, will be taken
from the City’s Natural Disaster Reserve.
The City’s policy related to emergency purchases in the event of
unforeseeable situations allows purchases in order to prevent delays
which may result in danger to life, property or suspension of essential
services. Requisitions in excess of $25,000 must be ratified by the City
Commission.
Attachments: 2023-12 Reso -BA 2023-032 Natural Disaster Reserve
Ian and Nicole - POs in excess of $25,000
BA2023-032 Natural Disaster Reserve - Ian and Nicole
F. Request for approval of a Federally Funded Subaward and Grant Agreement
for DR-4680 Hurricane Nicole - Mari Leisen, Finance Director, (386) 878-8553.
City of Deltona Page 14 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
Strategic Goal: Fiscal Issues - Grant Management.
Background: Public Assistance is FEMA’s grant program providing funds to assist
communities after a federally declared disaster or emergency. The
program provides funding for emergency assistance to save lives and
protect property. The City of Deltona has applied for a reimbursement
grant in response to Hurricane Nicole. The cost share from the federal
government is not less than 75% of eligible costs. The State of Florida
Department of emergency management will provide a match for state
agencies and local governments are required to provide one-half of the
required match prior to receipt of financial assistance. The amount of
federal funds obligated has not been determined at this point in time.
The application for Public Assistance has been approved. The Florida
Division of Emergency Management (FDEM) has forwarded the Public
Assistance Subgrant Agreement for DR-4680 (Hurricane Nicole). The
attached document has been reviewed and must be signed by the
Mayor and returned to FDEM.
The next step is the Public Assistance Group Supervisor prepares the
final review and submits the application into a queue where FEMA will
obligate the Federal share of the eligible project to the Recipient. The
Recipient (FDEM) is responsible for notifying the City when funds are
available and will pass the funds to the City of Deltona.
Upon approval of this item authorizes any and all necessary actions,
documents or budget transfers to facilitate Commission approval and
further authorizes the City Mayor to sign any documents necessary to
further Commission approval of this item.
Attachments: Agreement Number Z3704.pdf
G. Request to Bid Award for JC KC Construction, LLC for IT Room 149
renovations to add walls to create offices for $28,894 - Robert Cordero,
Director of Information Technology Services (386) 878-8807.
Strategic Goal: Internal and External Communication
Background: The IT department renovated room 149 and room 148 in City Hall to
use for offices for IT staff. The vendor awarded did not fully complete
the project and left several items incomplete with the build out. The City
withheld some of the funding and carried over the funds to this year to
request from another vendor to complete the renovation. The carried
over funds more than covers the expense of the renovation. It will add
physical walls to allow IT staff to operate efficiently and securely in semi
privacy and locked doors.
City of Deltona Page 15 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
The remaining funds include over $37,000, this fiscal year we utilize
only $28,894 for phase 1 of the renovation. Next fiscal year phase 2 will
be budgeted as a capital project to renovate room 148 and a new bid
will be placed for completion.
Attachments: Award memo (signed) and Bids.pdf
H. Request for approval to contract with Don Bell Signs to replace the monitors of
the digital monument sign located at Saxon and Normandy. Catherine Barker,
Public Information Officer (PIO), (386)878-8755
Strategic Goal: Accurate, Timely and Identifying Communication
Background: The double-sided digital monument sign located at Saxon and
Normandy no longer works. That sign is an older model that was
installed by Stewart Signs. The sign is no longer under warranty and
has outlived its life span. Don Bell Signs has installed the newer signs
and had the lowest bid for monitor replacement.
Attachments: Bid Don Bell Signs.pdf
I. Request approval for bid award to Rocha Controls in the amount of $48,509 to
provide design and construction services for the installation of new variable
frequency drives for sanitary sewer Lift Station #18, in accordance with their
Agreement with the City of Deltona and RFQ# PW 18-04 for Supervisory
Control and Data Acquisition (SCADA) System Upgrades and Maintenance -
Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Background: This project known as P2 is an option to put funds into a pollution
reduction upgrade that otherwise will result in the City having to pay a
fine to the Florida Department of Environmental Protection (FDEP).
The utility experienced two (2) sewer forcemain line breaks at 255
Enterprise Road. The alternative offered by FDEP to provide an
energy saving project at the Sable Avenue Liftstation by installing
Variable Frequency Drives onto the liftstation pumps, allowing the
pumps to run at slower speeds when necessary and reducing the
lifetime Kilowatt hours by approximately 17,000.
Rocha Controls has a continuing services agreement in place with the
City of Deltona to perform this work.
Attachments: Rocha Controls LS18 Energy Savings
J. Request approval for award of bid for the Lake Helen Osteen Sanitary Sewer
Replacement with Hazen Construction, LLC in the amount of $469,248.00 -
City of Deltona Page 16 Printed on 6/14/2023
City Commission Regular Commission Meeting June 19, 2023
Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Background: The 8” sanitary sewer main on Lake Helen Osteen Road between
Austin Avenue & Cardena Avenue has reached its useful life
expectancy and requires replacement.
The City solicited bids for the requisite replacement of the sanitary
sewer line as well as other critical infrastructure associated with the
project. The bid was broadcast to 676 companies and there were 29
plan holders, 4 watchers and 3 post bid viewers. Five (5) bids were
received for ITB#23015. Hazen Construction, LLC submitted the
lowest & most qualified bid in the amount of $469,248.00. The
Engineer of Record, Mead & Hunt recommended acceptance of the bid
from Hazen Construction, LLC.
Attachments: Lake Helen Osteen Road SS Purchasing Memo 5.23
Lake Helen Osteen Road SS Bid Tabulation 5.23
Budget transfer 2023-029
K. Request approval for the advancement of identified Capital Parks Projects from
future budgeted years to be funded and completed during FY 22/23 - Mark
Manning, Parks & Recreation, (386) 878-8905.
Strategic Goal: Effective Governance and Productive Government
Background: As part of our continuous efforts to improve our park and recreation
facilities the following capital improvement projects have been
identified as in need of replacement and can be completed prior to the
end of the fiscal year:
1) Wes Crile basketball & tennis courts reconstruction (not to
exceed $307,000)
2) Dwight Hawkins basketball court reconstruction (not to
exceed $50,000)
3) Dewey Boster replacement scoreboards for baseball fields
(not to exceed $65,000)
4)Timber Ridge & Firefighter’s Park pavilion replacements and
installation (not to exceed $120,000)
5) Festival Park aluminum picket fencing to replace the
wooden perimeter fencing (not to exceed $55,000).
Total cost of these projects will not exceed $600,000 dollars.
City of Deltona Page 17 Printed on 6/14/2023
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Attachments: 061323 Dwight Hawkins Park Deltona.pdf
061323 Wes Crile Park Deltona Courts.pdf
FIREFIGHTER MEMORIAL PARK SHELTER QUOTE.pdf
RCP Shelters Proposal - AS # 38412.pdf
TIMBER RIDGE PARK SHELTER QUOTE.pdf
QT - 21456030 - City of Deltona - Scoreboards.pdf
Est#1142 - Pony League Scoreboard Electric.pdf
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 Manager in writing at
CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd.,
Deltona, FL 32725 at least 48 hours prior to the meeting at which the person
wishes to attend. The City is not permitted to provide the use of human physical
assistance to physically handicapped persons in lieu of the construction or use of
ramps or other mechanical devices in order to comply with Florida law. If proper
accommodations for handicapped access cannot be made at a particular public
meeting venue pursuant to a timely written request under Section 286.26 F.S., the
City Manager shall change the venue of that meeting to a location where those
accommodations can be provided.
City of Deltona Page 18 Printed on 6/14/2023
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