City Commission
Regular MeetingDeltona, FL · August 7, 2023
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, August 7, 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:
The meeting was called to order at 6:30 p.m. by Mayor Avila.
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2. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Avila
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #4 Commissioner.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of July 17,
2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to
approve the minutes of the Regular Commission Meeting of July 17,
2023, as presented. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
5. PRESENTATIONS/AWARDS/REPORTS:
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-30, Establishing Annual Rate
Resolution - Stormwater Services for FY2023/2024 - Mari Leisen,
Finance Director (386) 878-8553
Strategic Goal: Fiscal Issues
Finance Director Mari Leisen gave a brief explanation of the item to include the Code of
Ordinances and the preliminary rate increase.
Motion by Commissioner JodyLee, to deny Resolution No. 2023-30. The
motion died for lack of a second.
Mayor Avila opened the public hearing.
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Mary Ford, Joffre Cherner, Gary Roth, Maria Rodriguez, Pamela Braun, Mark Masterson,
Rod Risner, David Sosa, Robert Marchant, Courtney Burgos, Sierra Parker, Julienne
Ivory-Saccone, Mary McIntyre, David Job, Gary Kemmer, Candy Soucek, Robert Rosa,
Courtney Hannon, Deborah Abel, Mark Carstens on behalf of Stephanie Cox, Agnes Sulek,
John Paul Cudzilo, Brenda Bailey, Mosafa Ideis, Adam Vazquez, Richard Bellach, John
Kearney, Lelia, Elbert Bryan, Elizabeth Chavez, and Rosa Magdaleno addressed the City
Commission.
The Commission discussed land acquisition, grants, election promises, lack of
presentation, stormwater executive summary and assessment, budget process, projects
kicked down the road, lack of planning, quality of life, the mail out and requirements, new
development, projects, flooding, the list of improvements/projects, grant funds, insurance
deductibles and premiums, and special funds.
Motion by Vice Mayor Bradford, to adopt Resolution No. 2023-30. The
City Manager has the authority to correct scrivener's errors and the like.
The motion died for lack of a second.
The Commission and City Manager discussed meeting attendance, an operational audit,
fixed incomes, Item 10-D, Volusia County, the deadline to establish the rate, and the TRIM
notice.
Mayor Avila passed the gavel to the Vice Mayor.
Motion by Mayor Avila, seconded by Commissioner JodyLee, to not
adopt Resolution No. 2023-30. The City Manager has the authority to
correct scrivener's errors and the like.
Amended motion by Mayor Avila, seconded by Commissioner JodyLee,
to adopt Resolution No. 2023-30 as amended by reverting back to the
prior annual rate. The amended motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
B. Public Hearing - Resolution No. 2023-31, Establishing the 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 a brief explanation of the item.
Commissioner JodyLee spoke about the Waste Pro contract and Waste Pro's profits.
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Motion by Commissioner JodyLee, to deny Resolution No. 2023-31,
establishing the annual rate of assessment for Solid Waste Services for
FY 2023/2024. The motion died for lack of a second.
Mayor Avila opened the public hearing.
Elbert Bryan, Joffre Cherner, Maria Rodriguez, Pamela Braun, Rod Risner, David Sosa,
Howard Gelber, Brandy White, Julienne Ivory-Saccone, Kathy Bryan, Candy Soucek,
Robert Rosa, Juan Sepalvede, Deborah Abel, Mark Carstens on behalf of Stephanie Cox,
Jason Chaladoff, John Paul Cudzilo, Elizabeth Chavez, Leila, and Courtney Hannon
addressed the City Commission.
The Commission and City Manager discussed prior management, accountability and
tracking, the Waste Pro contract, having a monopoly, recycling, dumpsters, Redman
Consulting Group, vehicle cameras, Waste Pro fines, bulk pick-ups, extra trips, terms of the
contract, tipping fees, fuel adjustments, revenues based on commercial, County fees,
starting negotiations, the bid process, charge backs for fines and reductions to the invoice,
residents' complaints, designated staff, franchise fees, businesses, and an upcoming
Waste Pro event.
Motion by Commissioner JodyLee, seconded by Commissioner
Colwell, to deny Resolution No. 2023-31 establishing the annual rate of
assessment for Solid Waste Services for FY 2023/2024.
Amended motion by Commissioner JodyLee, seconded by
Commissioner Colwell, to deny the annual rate increase of the
assessment for solid waste for 2023/2024 and keep the annual rate for
2022/2023.
The Commission discussed the number of men per truck, the lowest bidder, the mail out,
commercial businesses, bundling and measuring waste, customer service, a recycling
program, evictions and move outs, the Waste Pro contract, campaign donations,
disenfranchising residents, special requests, the Waste Pro event, recycling, and doing
away with plastic bags.
The amended motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
C. Public Hearing - Resolution No. 2023-32, Establishing the Annual Rate
Resolution - Streetlighting Services for FY 2023/2024 - Mari Leisen,
Finance Director (386) 878-8553.
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Strategic Goal: Fiscal Issues
Mayor Avila called a recess at 9:32 and reconvened at 9:41.
Commissioner JodyLee suggested using solar lighting.
Motion by Commissioner Colwell, to approve Items 6-C, 6-D and 6-E.
The motion died for lack of a second.
Motion by Commissioner JodyLee, seconded by Commissioner
Burbank, to adopt Resolution No. 2023-32 establishing the annual rate
resolution for streetlighting services for FY 2023/2024. The motion
carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
D. Public Hearing - Resolution No. 2023-33, Establishing the 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 JodyLee, seconded by Commissioner
Burbank, to adopt Resolution No. 2023-33 establishing the annual rate
resolution for Lake McGarity aquatic week control services for FY
2023/2024. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
E. Public Hearing - Resolution No. 2023-34, 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 JodyLee, seconded by Commissioner
Burbank, to adopt Resolution No. 2023-34 establishing the annual rate
resolution for nuisance abatement services for FY 2023/2024. The
motion carried by the following vote:
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For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
F. Public Hearing - Resolution No. 2023-35, A Resolution of the City of
Deltona, Florida, Vacating the Utility Easements, on Property Located at
2032 Golden Arm Road Described as, the East ½ of Lot 45 & Lot 44 &
West ½ of Lot 43, Block A, of the Treeshore Development Subdivision
as recorded in Plat Book 32, Page 7; Providing for Conflicts,
Severability, and an Effective Date. - Joseph Ruiz, Planning &
Development Services Director (386) 878-8624.
Strategic Goal: Economic Development
Motion by Commissioner JodyLee, seconded by Commissioner
McCool, to extend the meeting an additional 45 minutes. The motion
carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
Motion by Commissioner McCool, seconded by Commissioner
JodyLee, to approve Resolution No. 2023-35, A Resolution of the City of
Deltona, Florida, Vacating the Utility Easements, on Property Located at
2032 Golden Arm Road. The City Manager has the authority to make
corrections of scrivener's errors and the like. The motion carried by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Request approval and execution of the proposed City Attorney contract
- Marsha Segal-George City Attorney (386) 878-8872.
Mayor Avila opened the public comments.
Elbert Bryan, Brandy White, Kathy Bryan, David Sosa, Dave Munoz, and Elizabeth Chavez
addressed the City Commission.
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Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor
Bradford, to approved the City Attorney contract which reflects the
terms of the proposal previously approved by the Commission on
March 6, 2023 and direct the City Manager to execute the contract.
Mayor Avila asked the City Manager that the Commission revisit the contract, make sure
the correct signature lines are shown, to include an end date, and if the City Attorney is
being hired as a firm the names of all the firm's employees or if the Commission is hiring
her as an individual.
The motion failed by the following vote:
For: 2 - Vice Mayor Bradford, and Commissioner Avila-Vazquez
Against: 5 - Mayor Avila, 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.
Brandy White, Pamela Braun, Kathy Bryan, Dave Munoz, Gloria Ford, David Sosa and
Elbert Bryan addressed the City Commission.
Motion by Commissioner JodyLee, seconded by Commissioner
Colwell, to extend the meeting an additional 15 minutes. The motion
carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
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.
Mayor Avila pulled Items 10-B, 10-E and 10-F for discussion.
Motion by Commissioner JodyLee, seconded by Commissioner
Colwell, to approve Consent Agenda Items 10-A, 10-C, 10-G, 10-H, 10-I
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and 10-J and to pull for discussed Items 10-B, 10-E and 10-F.
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
A. Request approval for procurement of a replacement backup storage
appliance from CDW-G in the amount of $52,404.90 to provide disaster
recovery storage for City technology assets - Robert Cordero,
Information Technology Services Department (386) 878-8807.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve and authorize the purchase
of a replacement backup storage appliance from CDW-G in the amount
of $52,404.90. The City Manager has the authority to make corrections of
scrivener's errors and the like
B. Request approval of Resolution 2023-25, Budget Amendment and quote
for the printing, mailing and postage of the Notice to Property Owner for
the solid waste and stormwater special assessment for a cost of
$30,000. - Mari Leisen, Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Mayor Avila asked if the fund was still needed since the Commission did not pass the
increase and the Finance Director replied it is for the mail out that was done to notify the
residents, this was not a budgeted expense last year and it is required.
Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee,
to approve Consent Agenda Item 10-B and remove Item 10-F from the
Consent Agenda. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
C. Request for approval of a Federally Funded Subaward and Grant
Agreement for DR-4673 Hurricane Ian - Mari Leisen, Finance Director,
(386) 878-8553.
Strategic Goal: Fiscal Issues - Grant Management.
Approved by Consent Agenda - to approve the Federally Funded
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Subaward and Grant Agreement for DR-4673 Hurricane Ian 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
D. Item 10-D has been pulled from the agenda by the City Manager.
E. Request to approve the bid for purchase of treadmills and a stair
climber for the Fire Department to Lloyds Exercise Equipment. - Fire
Chief Bill Snyder, Fire Department (386) 575-6902
Strategic Goal: Public Safety
Mayor Avila asked if this item was going out to bid and the Fire Chief replied it went out for
bid and five companies responded. Mayor Avila stated the outside of the fire stations are
not up to standard and he suggested to spend the money on that. The Fire Chief replied
that the buildings are already being worked on.
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to approve Consent Agenda Item 10-E. The motion
carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
F. Approval of Resolution No 2023-37 Adopting the updated Procurement
Policies and Procedures - 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.
Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee,
to approve Consent Agenda Item 10-B and remove Item 10-F from the
Consent Agenda.. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
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G. Request for approval to award Bid # 23025, as needed electrical
services to MDH Enterprises, Inc. to be used as needed within the
appropriated funding for each fiscal year throughout the award term. -
Mark Manning, Parks & Recreation (386) 878-8905.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve and award Bid # 23025, as
needed electrical services to MDH Enterprises, Inc. The City Manager
has the authority to make corrections of scrivener’s errors and the like.
H. Request for approval of Resolution No. 2023-38 Budget Amendment and
contract to complete the follow-up Wastewater Night Flow Monitoring
with USSI, LLC of Venice Fl. utilizing piggyback of the Toho Water
District’s contract in the amount of $45,697.20 - Glenn Whitcomb, Public
Works/Deltona Water (386) 878-8929.
Strategic Goal: Public Safety
Approved by Consent Agenda - to approve Resolution No. 2023-23
Budget Amendment and recommend approval of the contract to
complete the follow-up Wastewater Night Flow Monitoring with USSI,
LLC., utilizing piggyback of the Toho Water District’s contract. The City
Manager has the authority to make corrections of scrivener’s errors and
the like.
I. Request approval of Resolution No. 2023-36, Budget Amendment and
the Task Authorization - Change Order #1 between the City of Deltona &
Pegasus Engineering for Continuing On-Call Stormwater Engineering
Services in the amount of $50,000.00 - Glenn Whitcomb, Public
Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve Resolution No. 2023-36,
Budget Amendment and the Task Authorization - Change Order #1
between the City of Deltona & Pegasus Engineering for Continuing
On-Call Stormwater Engineering Services in the amount of $50,000. The
City Manager has the authority to make corrections of scrivener’s
errors and the like.
J. Request approval for purchase of Stormwater Capital Equipment
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totaling $59,785.00 from Crystal Tractor located in DeLand, Florida -
Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Approved by Consent Agenda - to approve the authorization for the
purchase of Stormwater Capital Equipment totaling $59,785.00 from
Crystal Tractor. 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 reported that the fire station across from Stone Island is taking
cardboard.
Commissioner McCool reported she is having a private fundraising event for cancer and
she asked for the Commission to help get the word out.
Commissioner JodyLee asked if the Commission should do a City Manager search and he
asked for consensus to start the City Manager search. Mayor Avila clarified to start the City
Manager tomorrow and to have it concluded two months before his contract is up. Vice
Mayor Bradford suggested having a workshop, have resident input and then putting the
search together.
Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford,
to extend the meeting another 15 minutes. The motion passed by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
Commissioner JodyLee requested a consensus that City vehicles should be parked at City
Hall at night with the exception of some Department Heads, City Manager and emergency
service staff.
Vice Mayor Bradford requested to provide residents notices of road resurfacing via door
hangers or other means so they have time to prepare.
Vice Mayor Bradford requested the excessive brush at Joyner Drive to Providence Blvd. be
trimmed back because it is blocking the view.
Vice Mayor Bradford requested an update on where we are with the land use code and the
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strategic plan. The City Manager replied the consultant has been selected and we are
going through the process. There will be a complete plan including workshops, resident
input and the Commission input.
Vice Mayor Bradford requested to bring back some of the old boards like the Ordinance
Review Board and she would like an analysis of the boards in order to bring some of them
back.
Vice Mayor Bradford requested what in our ordinances is stopping the City from helping the
dog "Barrock" on Howland Blvd. and Tabb Drive who is kept outside 24/7 in the elements.
The City Manager replied staff is working on a revision to the ordinance that will hopefully
solve that problem and the ordinance will need to come before the City Commission for two
public hearings.
Vice Mayor Bradford requested to look into the tethering ordinance and what does the City
have to do to enforce that.
Vice Mayor Bradford requested that the City sponsor a teacher supply appreciation event
next year.
Motion by Vice Mayor Bradford, seconded by Commissioner McCool, to
extend the meeting another 15 minutes. The motion carried by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
Mayor Avila requested to do a month long Veterans appreciation, Home Town
Heroes, to include sponsorships to thank local Veterans. He would like staff to
look into it and start it this year or at the latest next year and the Commission
concurred.
Commissioner Avila-Vazquez suggested to include the Veterans appreciation with Parks &
Recreation's event next month.
Mayor Avila requested a workshop to start the City Manager search to
determine the criteria and the Commission concurred.
Commissioner McCool stated she has a drawer full of the search firms and potential
candidates that were interviewed previously. She is wanting to avoid duplication.
Commissioner McCool requested an update on the status of the meter software and
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software issues.
Vice Mayor Bradford spoke about an email regarding a resident's increased water bill and
she asked if there were checks and balances, how could this happen. The City Manager
replied with the new system there is somewhat of a checks and balance system but, he is
not familiar with the old system and whether it has that capacity or not. The City Manager
requested resident's the name and address to look into it.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
Commissioner Avila-Vazquez spoke about the back to school event, school starting soon,
and the budget workshops.
Commissioner McCool spoke about the passing of City Employee Todd Healey with
Deltona Water, the back to school event, a gentlemen with code issues and resident
volunteers and the Neighbors Helping Neighbors.
Vice Mayor Bradford spoke about the City Manager Report, Wed 6-73 internet VSO, the
back to school event, sports and getting kids involved, and the upcoming Street Festival.
Mayor Avila spoke about an open forum workshop - Seeking A Career In Performing Arts,
the VSO's bikers against trafficking event and scheduling meetings with him on his website.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 11:24 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, August 7, 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.
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City Commission Regular Commission Meeting August 7, 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 #4 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 July 17, 2023, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: July 17, 2023 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-30, Establishing 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. Section 54-158 of the Code of Ordinances requires the City
Commission adopt an Annual Rate Resolution during its budget
adoption process for each fiscal year. On June 19, 2023, the
Commission voted to approve a preliminary annual rate of $160 per
equivalent residential unit (ERU). The attached Resolution 2023-30 will
establish an annual rate of $160 per ERU for FY2023/2024 for
stormwater utility assessments.
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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: 2023-30 Reso - Annual Rate - Stormwater -Aug 2023
B. Public Hearing - Resolution No. 2023-31, Establishing the 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.
On June 19, 2023, the Commission voted to approve a preliminary
annual rate resolution of $233.15 per Equivalent Residential Unit.
Resolution 2023-31 will establish the annual solid waste assessment
rate for FY 2023/2024 of $233.15 per ERU.
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: 2023-31 Reso - Annual Solid Waste - Aug 2023
C. Public Hearing - Resolution No. 2023-32, Establishing the 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 an Annual Rate
Resolutions. Attached is the Preliminary Annual Rate Resolution for
street lighting assessments.
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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: 2023-32 Reso - Annual Rate - Streetlighting - Aug 2023
D. Public Hearing - Resolution No. 2023-33, Establishing the 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. Attached is the Annual 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.
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: 2023-33 Reso - Annual Rate - Lake Clean Up - Aug 2023
E. Public Hearing - Resolution No. 2023-34, 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.
Section 54 of the Code of Ordinances requires that the City
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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 $21,223.94.
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: 2023-34 Reso - Annual Rate - Nuisance Abatement-Aug 2023
F. Public Hearing - Resolution No. 2023-35, A Resolution of the City of Deltona,
Florida, Vacating the Utility Easements, on Property Located at 2032 Golden
Arm Road Described as, the East ½ of Lot 45 & Lot 44 & West ½ of Lot 43,
Block A, of the Treeshore Development Subdivision as recorded in Plat Book
32, Page 7; Providing for Conflicts, Severability, and an Effective Date. -
Joseph Ruiz, Planning & Development Services Director (386) 878-8624.
Strategic Goal: Economic Development
Background: The applicant, Vivian Tommaso, applied to the City for the vacation of
certain easements currently existing on property located at 2032
Golden Arm Road. The subject property is part of the Treeshore
Development Subdivision recorded on January 23, 1973, within Plat
Book 32, Page 7. The plat, as intended, provided subdivided
fee-simple lots, dedicated Right-of-Ways, and utility easements.
The plat established 10-foot rear and side yard easements and 5-foot
front yard easements on each of the subdivided lots for the purposes of
public utilities and drainage. Easements are intended to be areas free
and clear of permanent improvements to allow for utility and access
improvements in the event these are deemed necessary. In researching
the platted subdivision and the permitted homes constructed pre-City
incorporation, staff noted various homes were constructed upon lots in
whole and in-part. Without the benefit of a re-plat of the previously
subdivided lots, the County issued building permits for new homes
which conflicted with existing utility easements established within the
original Treeshore Development Subdivision. Thus, although the
constructed home located on the subject 2032 Golden Arm Road
property was legally permitted, the easements were never officially
vacated.
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At this time, the applicant submitted the application to vacate the utility
easements with which the existing home and improvement locations
conflict. The conflict can be reviewed within the attached survey. The
applicant submitted an 811 Sunshine Utility Report and the letters of
no-objection from each utility provider holding easement rights,
including the City’s own Deltona Water. Based on the letter’s of
no-objection and the location of the existing permitted home, staff
deems it is in the public interest to vacate the conflicting 10-foot side
yard platted easements as provided for in the City’s Code of
Ordinances Chapter 58, Article III - City Easement Abandonment.
Attachments: Resolution No 2023-35 - 2032 Golden Arm Road
2032 Golden Arm Road Survey
Treeshore Development Recorded Plat
811 Report
2032 Golden Arm Road Letter of No Objection City of Deltona
2032 Golden Arm Charter (Spectrum) No Objection Letter
2032 Golden Arm FPL No Objection Letter
2032 Golden Arm ATT No Objection Letter
7. OLD BUSINESS:
8. NEW BUSINESS:
A. Request approval and execution of the proposed City Attorney contract -
Marsha Segal-George City Attorney (386) 878-8872.
Background: On March 6, 2023 the City Commission approve Marsha
Segal-George, P.A.’s proposal for City Attorney and to provide legal
services as needed. The City Attorney contract reflects the terms of the
proposal previously approved by the Commission on March 6, 2023.
Attachments: City Attorney Contract for Deltona
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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City Commission Regular Commission Meeting August 7, 2023
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 for procurement of a replacement backup storage appliance
from CDW-G in the amount of $52,404.90 to provide disaster recovery storage
for City technology assets - Robert Cordero, Information Technology Services
Department (386) 878-8807.
Strategic Goal: Infrastructure
Background: The City’s current backup appliance is becoming end of life and will not
have the capacity to backup the necessary City technology assets. It
also lacks the features and functionality to leverage new disaster
backup technology options. The IT Services Department budgeted for
potential replacement and procurement of a replacement appliance in
the Fiscal Year 2022/2023; as such, there is sufficient funds to cover
this expenditure. We evaluated (3) vendors and based on our
evaluation determined that the backup appliance by Cohesity is the
most robust, feature rich, and cost effective solution to meet the City’s
needs. This solution will allow the City to scale up as storage needs
grow. All licenses are for 1 year and will be included in future budgets.
CDW-G is an authorized reseller of the solution from Cohesity. They
are providing pricing based on the National IPA Technology Solutions
(2018011 01) contract.
‐
Attachments: Deltona Cohesity 06272023.pdf
B. Request approval of Resolution 2023-25, Budget Amendment and quote for the
printing, mailing and postage of the Notice to Property Owner for the solid
waste and stormwater special assessment for a cost of $30,000. - Mari Leisen,
Finance Department (386) 878-8553.
Strategic Goal: Fiscal Issues
Background: On June 19, 2023, the City Commission voted to adopt Resolution
2023-14 establishing the Preliminary Annual Rate Resolution for
Stormwater Service and Resolution 2023-15 establishing the
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City Commission Regular Commission Meeting August 7, 2023
Preliminary Annual Rate of Assessment for Solid Waste Services. The
City Ordinance requires a notice by first class mail to the owner of each
parcel of property for an increase is assessment previously provided to
the owners of assessed property, and inform the owner of the date,
time and place for the adoption of the annual rate of resolution. The
mailings were sent to property owners as of July 12, 2023.
Attachments: BA2023-050 Printing, mailing and postage for tax assessments
2023-25 Reso - BA 2023-050 Printing, mailing and postage for tax assessments
Minuteman Press - quote for mailing
C. Request for approval of a Federally Funded Subaward and Grant Agreement
for DR-4673 Hurricane Ian - Mari Leisen, Finance Director, (386) 878-8553.
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 Ian. 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-4673 (Hurricane Ian). 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: Z3120 Hurricane Ian - unsigned by Mayor
D. Item 10-D has been pulled from the agenda by the City Manager.
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E. Request to approve the bid for purchase of treadmills and a stair climber for the
Fire Department to Lloyds Exercise Equipment. - Fire Chief Bill Snyder, Fire
Department (386) 575-6902
Strategic Goal: Public Safety
Background: The Fire Department budgeted capital funds in FY22/23 to replace
treadmills at all stations and add a stair climber. The treadmills we
currently have are out of date and have had to be repaired multiple
times due to their age and wear. The stair climber is to help for pre-hire
testing and prepare for annual physicals. The current agreement with
the Firefighters Union requires a treadmill in each station. Each Fire
Station will get a new treadmill in the designated weight room and the
stair climber shall be located at Station 65.
Staff solicited bids for five (5) treadmills and one stair climber in
Bid#23026.Six bids were received from Allways Improving, Coastal
Fitness Services, Fitness First, Fitnessmith, Fitness Superstore Inc,
and Lloyd’s Exercise Equipment. All of which are attached for your
review.
Staff review the bids and have chosen to recommend awarding the bid
to the lowest bidder, Lloyds Exercise Equipment.
Attachments: Bid#23026 Packet (all bids)
Lloyd's Estimate #72345
Signed award memo and bids
F. Approval of Resolution No 2023-37 Adopting the updated Procurement Policies
and Procedures - 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: The Commission approved and adopted the Procurement Policies and
Procedures Manual on February 1, 2021. Staff has made changes and
proposes that the City Commission adopt a new Procurement Policies
and Procedures Manual allowing for City Manager approval of
purchases over $25,000 that have already been approved through the
budget process by the Commission.
Attachments: Resolution 2023-37
PROCUREMENT POLICIES AND PROCEDURES MANUAL REVISED AUGUST
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City Commission Regular Commission Meeting August 7, 2023
G. Request for approval to award Bid # 23025, as needed electrical services to
MDH Enterprises, Inc. to be used as needed within the appropriated funding for
each fiscal year throughout the award term. - Mark Manning, Parks &
Recreation (386) 878-8905.
Strategic Goal: Infrastructure
Background: Staff solicited bids seeking licensed and qualified electrical contractors
to provide services that may typically include, but that are not limited to,
electrical services for City facilities and buildings on an annual, as
needed basis. The bid was posted on www.demandstar.com and
broadcasted to 285 companies. Two responses were received, with
the low bid being received from MDH Enterprises, Inc. The bids and the
bid tabulation are attached.
Attachments: Signed Award Memo and Bids (004)
H. Request for approval of Resolution No. 2023-38 Budget Amendment and
contract to complete the follow-up Wastewater Night Flow Monitoring with
USSI, LLC of Venice Fl. utilizing piggyback of the Toho Water District’s contract
in the amount of $45,697.20 - Glenn Whitcomb, Public Works/Deltona Water
(386) 878-8929.
Strategic Goal: Public Safety
Background: As discussed at the April 5, 2021 meeting regarding FDEP Consent
Order OGC# 20-1509 for the Deltona Lakes Water Reclamation
Facility, Deltona Water undertook an I&I Study in an effort to reduce the
amount of stormwater and groundwater infiltration into our sanitary
sewer collection system.
During the wet season, our wastewater treatment plants see drastic
increases (40% greater, and more) in flows, at least in part due to
cracked and leaky pipes, manholes, broken clean-outs, illegal
connections, etc. The result of these increased flows means that we ’re
paying to treat groundwater and/or stormwater at the plants which is
inefficient, expensive, and can lead to overflows when the collection
system cannot keep up with volumes they were not designed to handle.
After consultation with various other Florida Utility providers and
participating in presentations by 3 different venders it was determined
by Staff that USSI provided the better service at reasonable rates. One
of the selection criteria included their ability to communicate with the
general public and customers which should help minimize customer
calls and concerns. Phase I & Phase II was accomplished using a
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City Commission Regular Commission Meeting August 7, 2023
piggyback contract from Toho Water District’s contract.
Phase I of the I&I Study with USSI, LLC. was for providing data of
issues that needed to be corrected and Phase II was for repairs. This
request for approval is for the follow up I&I Study to measure infiltration
and inflow compared to the results from Phase I as stipulated in
Consent Order OGC # 20-1509.
Attachments: 2023-38 Reso - BA 2023-055 Sewer Collection Sys
BA 2023-055 Sewer Collection System
City of Deltona Midnight Investigation Estimate 6-30-2023
7N - AMENDED AND RESTATED AGREEMENT WITH USSI LLC. FOR IN-FLO
I. Request approval of Resolution No. 2023-36, Budget Amendment and the Task
Authorization - Change Order #1 between the City of Deltona & Pegasus
Engineering for Continuing On-Call Stormwater Engineering Services in the
amount of $50,000.00 - Glenn Whitcomb, Public Works/Deltona Water (386)
878-8929.
Strategic Goal: Infrastructure
Background: Pegasus Engineering is one of three (3) firms selected through a
Request for Qualifications process to provide Stormwater Engineering
On-Call Services. Services provided can include peer reviews,
inspections, evaluation of infrastructure, prepare memorandums related
to drainage & flooding causes; provide assistance to staff to review site
development submittals; perform miscellaneous coordination efforts
with SJRWMD, FDOT, Volusia County, FDEM, FEMA and other
organizations; prepare for and attend the Volusia County Local
Mitigation Strategy meetings.
Attachments: 2023-36 Reso - BA 2023-052 Professional Services SW
BA 2023-052 Professional Svcs 380
Pegasus Engineering On-Call Services $50,000
J. Request approval for purchase of Stormwater Capital Equipment totaling
$59,785.00 from Crystal Tractor located in DeLand, Florida - Glenn Whitcomb,
Public Works/Deltona Water (386) 878-8929.
Strategic Goal: Infrastructure
Background: For FY 2022/2023 the City Commission approved capital equipment
purchases for Stormwater including two (2) Mowers and a Utility
Vehicle (Gator). Public Works has utilized the Sourcewell Contract
RFP#031121 to find the most competitive and responsive pricing
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City Commission Regular Commission Meeting August 7, 2023
available for the purchase of the mowers & utility vehicle from Crystal
Tractor located in DeLand, Florida. The cost of the mowers are
$22,381.89 each (total $44,763.78) and the utility vehicle $14,971.22
for a Grand Total of $59,785.00.
Attachments: SW Requistion Purchase
Sourcewell RFP031121 Contract
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 12 Printed on 8/7/2023
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