City Commission
Regular MeetingDeltona, FL · June 3, 2024
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, June 3, 2024 6:30 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 Sheriff’s Deputy.
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Avila.
2. ROLL CALL – CITY CLERK:
Present: 6 - Mayor Avila
Vice Mayor JodyLee
Commissioner Avila-Vazquez
Commissioner Colwell
Commissioner Heriot
Commissioner Shimkus
Absent: 1 - Commissioner McCool
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #3 Commissioner.
4. APPROVAL OF MINUTES & AGENDA:
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A. Approval of minutes of the Special Commission Meeting of May 2, 2024,
the Regular Commission Meeting & Executive Session of May 6, 2024,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Colwell, to approve the minutes of the Special Commission Meeting of
May 2, 2024, the Regular Commission Meeting & Executive Session of
May 6, 2024, as presented. The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - National Military Appreciation Month
B. Proclamation - Mental Health Awareness Month
C. Proclamation - LGBTQ+ Pride Month
6. PUBLIC FORUM: Public 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.
Mayor Avila opened the public comments and Mike Williams, Carolyn Hickerson, Charles
Castro, Sophia Jones, Jim Dries, Heather McLean, Kamea Blackman, Terri Ellis,
Rosemarie Latham, Carter Vance, Robin Mimna, Scott Mena, Robert Trombetta, Dr.
Caroline Shine, Tara D'Errico, Nick Ducharme, Courtney Cross-Burgos, Kathy Bryan,
Mathew Shaw, Gale Barr, Charleen Smith, Brandy White, Elbert Bryan, Lindsey Briones
and Sarah Bryan addressed the City Commission.
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2024-20, Establishing the Preliminary
Annual Rate Resolution - Stormwater Services for FY2024/2025 - Julia
Johnson, Deputy Finance Director (386) 878-8978.
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Strategic Goal: Fiscal Issues
The Deputy Finance Director gave a brief explanation of the item and Brian Mantz with
GovRates gave a brief PowerPoint Presentation.
The Commission, Interim City Manager and Deputy Public Works Director discussed
providing information to the new City Manager, the status of the study, previous capital
plans, the list of projects, the most available data, not wanting a deficient, the amounts
being low and future adjustments, water quality projects, benchmarks and scope, elevating
flooding and improve water quality.
Mayor Avila opened the public comments and Brandy White addressed the City
Commission.
The Commission and Interim City Manager discussed impact fees, asking residents for
more money, tabling the item, a project dashboard, new development, incurred costs, tax
breaks, the Land Development Code, stormwater within new developments, and focusing
on projects.
Motion by Commissioner Heriot, seconded by Commissioner
Avila-Vazquez, to adopt Resolution No. 2024-20. The Interim City
Manager has the authority to correct scrivener's errors and the like. The
motion carried by the following vote:
For: 5 - Vice Mayor JodyLee, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner Heriot, and
Commissioner Shimkus
Against: 1 - Mayor Avila
B. Public Hearing - Resolution No. 2024-21, Establishing the Preliminary
Annual Rate of Assessment for Solid Waste (Trash) Services for FY
2024/2025 - Julia Johnson, Deputy Finance Director (386) 878-8978.
Strategic Goal: Fiscal Issues
The Deputy Finance Director and Bill Redman with RCG Consulting, Inc. gave a brief
explanation of the item.
Motion by Commissioner Heriot, seconded by Commissioner
Avila-Vazquez, to adopt Resolution No. 2024-21. The Interim City
Manager has the authority to correct scrivener's errors and the like.
Vice Mayor JodyLee asked how much money did the City receive in fines and Mr. Redman
replied $27,000 last year or an average of $1,850 a month. Vice Mayor asked where the
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money collected goes and the Deputy Finance Director replied it goes back to solid waste.
Mayor Avila opened the public comments and Brandy White addressed the City
Commission.
Bill Redman stated the RFP (Request For Proposal) included two prices. The price for
strictly residential and with the current service for residential plus commercial under the
three year statute of exclusive. At that time the recycling was going to cost $25,000 a month
to the City. The City Manager and staff at that time asked WastePro for a reduction in
pricing if the City did not continue recycling. That price came down to $10.25 therefore
eliminated the cost of recycling. Therefore eliminating recycling at that time and saving the
City $25,000 a month at that point in time. So the current price and the price at the
beginning of the contract did not include recycling whatsoever and it doesn't today.
The motion carried by the following vote:
For: 5 - Vice Mayor JodyLee, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner Heriot, and
Commissioner Shimkus
Against: 1 - Mayor Avila
C. Public Hearing - Resolution No. 2024-22, Establishing the Preliminary
Annual Rate Resolution - Streetlighting Services for FY 2024/2025 - Julia
Johnson, Deputy Finance Director (386) 878-8978.
Strategic Goal: Fiscal Issues
Motion by Commissioner Heriot, seconded by Vice Mayor JodyLee, to
adopt Resolution No. 2024-22. The Interim City Manager has the
authority to correct scrivener's errors and the like. The motion carried
by the following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
D. Public Hearing - Resolution No. 2024-23, Establishing the Annual Rate
Resolution - Lake McGarity Aquatic Weed Control Services for FY
2024/2025 - Julia Johnson, Deputy Finance Director (386) 878-8978.
Strategic Goal: Fiscal Issues
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Heriot, to adopt Resolution No. 2024-23. The Interim City Manager has
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the authority to correct scrivener's errors and the like. The motion
carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
E. Public Hearing - Resolution No. 2024-24, Establishing the Annual Rate
Resolution - Nuisance Abatement Services for FY 2024/2025 - Julia
Johnson, Deputy Finance Director (386) 878-8978.
Strategic Goal: Strengthen Code Compliance and focus on the City’s
Beautification Program.
The Deputy Finance Director and the Code Compliance Supervisor gave a brief
explanation of the item to include the updated amount of $43,698.01 due to a payment
being made for the property at 2751 Summerfield Street.
The Commission and staff discussed when the total amount changed and why, tabling the
item, and correcting the amount at final reading.
Motion by Commissioner Heriot, seconded by Commissioner Colwell,
to adopt Resolution No. 2024-24. The Interim City Manager has the
authority to correct scrivener's errors and the like. The motion carried
by the following vote:
For: 5 - Vice Mayor JodyLee, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner Heriot, and
Commissioner Shimkus
Against: 1 - Mayor Avila
F. Public Hearing: Ordinance No. 05-2024, amending the Comprehensive
Plan of the City of Deltona, by amending the Capital Improvements
Element providing for the replacement of the Capital Improvement
Project Five-Year Schedule. - Planning & Development Services (386)
878-8600.
Strategic Goal: Economic Development
The Planning & Development Department's Planning II gave a brief presentation of the item.
The Commission and staff discussed whether students will be moved and the F.S.
requirement.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
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Colwell, to approve Ordinance No. 05-2024, amending the
Comprehensive Plan of the City of Deltona by updating the Capital
Improvements Elements providing for the replacement of the Capital
Improvement Project Five-Year Schedule. The motion carried by the
following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
8. OLD BUSINESS:
9. NEW BUSINESS:
A. Request approval for State Revolving Fund - Amendment 3 to Loan
Agreement WW641860 with the Florida Department of Environmental
Protection, specific to the Alexander Avenue Reclaimed Water
Augmentation Project (aka Lake Monroe Project Phase 4B) in the
amount of $2,638,605- Phyllis Wallace, Interim Public Works Director
(386) 878-8965.
Strategic Goal: Infrastructure
The Deputy Public Works Director gave a brief explanation of the item.
The Commission and staff discussed update on holding someone responsible, the statute
of limitations, paying out $6.5 million and receiving nothing, the item being for executing the
agreement, not precluding the City from pursuing legal action, project status overall, and
getting a list of projects.
Motion by Commissioner Heriot, seconded by Vice Mayor JodyLee, to
approve and authorize the execution of the Revolving Fund -
Amendment 3 to Loan Agreement WW641860 with the Florida
Department of Environmental Protection, specific to the Alexander
Avenue Reclaimed Water Augmentation Project (aka Lake Monroe
Project Phase 4B) in the amount of $2,638,605. The City Manager has
the authority to make corrections of scrivener's errors and the like. The
motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
B. Consideration for a reduction in the fine of $40,050.00 assessed
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pursuant to Special Magistrate Cases DEL-22-241 MASSEY.
Representation from SFR JV-HD PROPERTY LLC, was present
regarding 541 Battersea Avenue, Deltona, FL 32738 - Danny Ron, Code
Compliance Manager (386) 878-8702.
Strategic Goal: Effective Governance and Productive Government
The Code Compliance Supervisor gave a brief explanation of the item.
The Commission and staff discussed when the fence was installed, when the permit was
issued, the resident not being the owner, changing the fine to $10,000 or $20,000, the
owner having 120 houses in Deltona, the owner knowing the rules and playing a game,
treating residents different, the company making a profit and being able to pay the entire
fine.
Motion by Commissioner Colwell, seconded by Vice Mayor JodyLee, to
deny the reduction of the $40,000 fine. The motion carried by the
following vote:
For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,
and Commissioner Shimkus
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
Please be courteous and respectful of the views of others. Personal attacks on
Commission members, City staff or members of the public are not allowed, and will
be ruled out of order by the Mayor.
The Mayor stated Item 11-B will be pulled at the request of the Interim City Manager.
The Mayor opened the public comments and Brandy White and Elbert Bryan addressed the
City Commission.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent
Agenda and considered separately. All other matters included under the Consent
Agenda will be approved by one motion. Citizens with concerns should address
those concerns by filling out a public participation slip and giving it to the Deputy
City Clerk prior to Consent Agenda items being pulled.
Motion by Commissioner Heriot, seconded by Commissioner
Avila-Vazquez, to approve Consent Agenda Items 11-A through 11-G,
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tabling B for the next meeting. The motion carried by the following
vote:
For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Heriot, and Commissioner Shimkus
Against: 2 - Mayor Avila, and Vice Mayor JodyLee
A. Request to award the new roof at Fire Station 62 bid to Spires Roofing
LLC. - Fire Chief Bill Snyder, Fire Department (386) 575-6902
Strategic Goal: Infrastructure
Approved by Consent - to approve award of Bid #24018 for a new roof at
Station 62 to Spires Roofing at a total cost of $30,780.50 plus any
additional costs related to the roof replacement.
B. Request for Approval of Halifax Humane Society, Inc. Agreement for
animal services. Danny Ron, Code Compliance Manager (386) 878-8702.
Strategic Goal: Public Safety
This item was pulled from the agenda at the request of the Interim City Manager.
C. Request approval of the Task Authorization between the City of Deltona
& Pegasus Engineering for Continuing On-Call Engineering Services
related to stormwater management in the amount not to exceed
$150,000 - Phyllis Wallace, Interim Public Works Director 386/878-8965
Strategic Goal: Infrastructure
Approved by Consent - to approve the Task Authorization with Pegasus
Engineering for Continuing On-Call Engineering Services related to
stormwater management in the amount not to exceed $150,000.
D. Request for approval of award of RFP#24019 Cell Tower Manager and
Agreement for Neel -Schaffer, Inc. - Glenn Whitcomb, Acting City
Manager (386) 878-8850.
Strategic Goal: Infrastructure
Approved by Consent - to approved award of RFP#24019 for Cell Tower
Manager and Agreement to Neel-Schaffer, Inc. and authorizes the
necessary budget transfers to facilitate Commission approval and
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further authorizes the City Manager to sign any documents necessary
to further Commission approval of this item.
E. Request approval for Payment of Emergency Water Main Repairs at the
intersection of Deltona Blvd and Normandy Blvd to P&S Paving
($81,035.37) and Volusia County ($17,460.54); in a total amount not to
exceed $98,495.91 - Phyllis Wallace, Interim Public Works Director (386)
878-8965.
Strategic Goal: Infrastructure
Approved by Consent - to approve the Payment of Emergency Water
Main Repairs at the intersection of Deltona Blvd and Normandy Blvd to
P&S Paving ($81,035.37) and Volusia County ($17,460.54); in a total
amount not to exceed $98,495.91.
F. Request for approval to replace 17-year-old playground at Wes Crile
Park - Mark Manning, Parks and Recreation, (386) 878-8905.
Strategic Goal: The Recreation City for All: maintain public facilities at a
superior level.
Approved by Consent - to approve the replacement of the playground
at Wes Crile Park with an ADA accessible and inclusive playground.
G. Request for approval to replace the 18-year-old playground at Tom
Hoffman Park with a new ADA Accessible and Inclusive Playground -
Mark Manning, Parks and Recreation, (386) 878-8905.
Strategic Goal: The Recreation City for All: maintain public facilities at a
superior level.
Approved by Consent - to approve the replacement of the playground
at Tom Hoffman with an ADA accessible and inclusive playground.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner Heriot requested on the next agenda the policy on proclamations to include
language the requires the full Commission to vote on proclamations.
Commissioner Heriot asked in reference to the tattoo shop, does the City have a formal
process to apply for a variance and does it require forward action? The Interim City
Manager replied yes, in this particular case yes. Has the shop owner, resident, and/or
applicant filed or begun that process? The Interim City Manager replied not to his
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knowledge. Commissioner Heriot requested that staff assist the applicant with that process.
Commissioner Heriot requested to find a way to accommodate special events when renting
The Center or any other facility that is willing to rent for consecutive months in a row.
Commissioner Heriot requested staff provide the Commission with the most current
unrestricted fund balance for the solid waste fund.
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
The Interim City Manager stated he appreciates everyone's support over the last 9.5
months. Doc is in town moving and he spoke with him this afternoon. He wants everyone to
know he is excited to start his tenor here with the City of Deltona.
The Interim City Manager stated the City received a request from Deltona High about doing
some advertising in their High School Football program for this year. There are
sponsorships starting at $65 per quarter page and he will provide the Commission with a
copy. He asked for a consensus from the Commission if they are interested in advertising
and there was none.
The Interim City Manager reminded everyone that on Saturday, June 15th from 10:00 a.m.
to Noon there will be a Joint Workshop with the Commission and the Planning & Zoning
Board.
15. CITY COMMISSION COMMENTS:
Commissioner Heriot spoke about PTSD (Post-traumatic stress disorder) awareness
month.
Commissioner Shimkus spoke about the community and he thanked the Interim City
Manager for all he has done.
Commissioner Avila-Vazquez spoke about the Memorial Day bike event and she thanked
the Interim City Manager for all he has done.
Commissioner Colwell thanked the Interim City Manager for taking on the position.
The Vice Mayor thanked the Interim City Manager for stepping up and the tattoo shop.
The Mayor spoke about Former Commissioner Loren King, he thanked the Interim City
Manager, he responded to setting off the City Hall alarm and an email from the former
Mayor.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:21 p.m.
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______________________________
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 JodyLee
Commissioner Avila-Vazquez
Commissioner Colwell
Commissioner Heriot
Commissioner McCool
Commissioner Shimkus
Monday, June 3, 2024 6:30 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 Sheriff’s Deputy.
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #3 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.
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City Commission Regular Commission Meeting June 3, 2024
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Special Commission Meeting of May 2, 2024, the
Regular Commission Meeting & Executive Session of May 6, 2024, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: May 2, 2024 SCM Minutes
May 6, 2024 Exe. Session Minutes
May 6, 2024 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - National Military Appreciation Month
Background: A Proclamation recognizing the Month of May, 2024 as National Military
Appreciation Month, honoring all branches of our United States Armed
Forces and the family members that support them.
B. Proclamation - Mental Health Awareness Month
Background: A Proclamation recognizing the Month of May, 2024 as Mental Health
Awareness Month. Mental Health Month is an opportunity to increase
public understanding of the importance of mental health and to promote
the identification and treatment of mental health.
C. Proclamation - LGBTQ+ Pride Month
Background: A proclamation to recognize the month of June as “LGBTQ+ Pride
Month” in the City of Deltona. Deltona is committed to helping create an
environment where each individual can feel respected, welcomed and
understood.
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6. PUBLIC FORUM: Public 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.
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2024-20, Establishing the Preliminary Annual
Rate Resolution - Stormwater Services for FY2024/2025 - Julia Johnson,
Deputy Finance Director (386) 878-8978.
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 six 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 capital projects and 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 2024/2025. Staff
are proposing an annual rate of $170.00 per ERU (Equivalent
Residential Unit), which will increase by $42.00 or 33% from the current
annual rate of $128.00 per ERU due to upcoming Stormwater
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City Commission Regular Commission Meeting June 3, 2024
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 Acting City Manager to sign any documents
necessary to further Commission approval of this item.
Attachments: 2024-20 Reso - Preliminary Stormwater rate- June
Deltona Stormwater Rate Study Presentation 06_03_2024
B. Public Hearing - Resolution No. 2024-21, Establishing the Preliminary Annual
Rate of Assessment for Solid Waste (Trash) Services for FY 2024/2025 - Julia
Johnson, Deputy Finance Director (386) 878-8978.
Strategic Goal: Fiscal Issues
Background: The Solid Waste (Trash) 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 2024/2025 have
been calculated based on the following criteria:
The Volusia County landfill cost increased as of October 1, 2023.
The current rate for regular household garbage went from $34.00
per ton to $37.00 per ton, household yard waste and bulk items
went 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 17.78% decrease in fuel
component, 11% increase in disposal cost component and a
5.31% increase in the collection consumer price index component.
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The annual solid waste assessment rate for FY 2024/2025 is proposed
at $235.42 per Residential Unit, which is increased by $32.62 or
16.09% from the current fiscal year rate. This is the first rate increase
the City has implemented in six years, which calculates to a 2.40%
increase annually.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the Interim City
Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: 2024-21 Reso - Preliminary Solid Waste assessment- June
Deltona Solid Waste Assessment Calcualations FY 2024-2025 Revised 05.20.2
C. Public Hearing - Resolution No. 2024-22, Establishing the Preliminary Annual
Rate Resolution - Streetlighting Services for FY 2024/2025 - Julia Johnson,
Deputy Finance Director (386) 878-8978.
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 Interim City
Manager to sign any documents necessary to further Commission
approval.
Attachments: 2024-22 Reso - Preliminary Streetlighting-June
D. Public Hearing - Resolution No. 2024-23, Establishing the Annual Rate
Resolution - Lake McGarity Aquatic Weed Control Services for FY 2024/2025 -
Julia Johnson, Deputy Finance Director (386) 878-8978.
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.
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City Commission Regular Commission Meeting June 3, 2024
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 2024/2025. 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 Interim City
Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: 2024-23 Reso - Preliminary Lake Clean Up - June - $60
E. Public Hearing - Resolution No. 2024-24, Establishing the Annual Rate
Resolution - Nuisance Abatement Services for FY 2024/2025 - Julia Johnson,
Deputy Finance Director (386) 878-8978.
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. 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
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 2024/2025. The total outstanding
and unpaid assessments for the provision of Nuisance Abatement
Services for FY 2024/2025 is $48,383.01.
Approval of this item authorizes the necessary budget transfers to
facilitate Commission approval and further authorizes the Interim City
Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: 2024-24 Reso - Preliminary Nuisance Abatement-June
F. Public Hearing: Ordinance No. 05-2024, amending the Comprehensive Plan of
the City of Deltona, by amending the Capital Improvements Element providing
for the replacement of the Capital Improvement Project Five-Year Schedule. -
Planning & Development Services (386) 878-8600.
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City Commission Regular Commission Meeting June 3, 2024
Strategic Goal: Economic Development
Background: Under s. 163.3177(3)(b) F.S., the Capital Improvements Element of the
Comprehensive Plan must be reviewed and updated annually. The
Capital Improvements Element (CIE) Report is sent to the Department
of Economic Opportunity (DEO) when it is adopted by the City
Commission each year. City staff has reviewed the current capital
improvements for the next five years. The review intends to ensure
compliance with the adopted level of service (LOS) standards and is
accomplished in collaboration with the City’s Finance Department,
Public Works Department, other City Departments, and other agencies.
Please be advised the Five-Year Capital Plan and project descriptions
are copied from the City budget approved by the City Commission in
September of 2023. The budgetary information cannot be altered or
modified as part of the CIE update process.
Attachments: Ordinance No. 05-2024
CIE Report
LOS VCSB Chart 1
LOS VCSB Chart 2
CIE 2023-2024 Presentation CC
8. OLD BUSINESS:
9. NEW BUSINESS:
A. Request approval for State Revolving Fund - Amendment 3 to Loan Agreement
WW641860 with the Florida Department of Environmental Protection, specific
to the Alexander Avenue Reclaimed Water Augmentation Project (aka Lake
Monroe Project Phase 4B) in the amount of $2,638,605- Phyllis Wallace,
Interim Public Works Director (386) 878-8965.
Strategic Goal: Infrastructure
Background: Resolution 2021-23 authorized the agreement between State and the
City of Deltona for the Alexander Avenue Reclaimed Water
Augmentation Project (aka Lake Monroe Project Phase 4B). The
project as the Mayor & Commission is aware has been determined to
be un-constructable. To-date, the City has drawn down on State
Revolving Fund loan in the amount of $2,586.868, which will need to be
repaid. This agreement documents the draw down amount as well as
the Loan Service Fee $51,737 for a total repayment of $2,638,605.
The City will begin Semiannual Loan Payments in the amount of
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City Commission Regular Commission Meeting June 3, 2024
$65,965.13 with the first payment due by February 15, 2025 and
semiannual thereafter on August 15 and February 15 of each year until
all amounts due have been fully paid.
The initial loan was approved in the amount of $7,144,000.
Amendment 1 to the Loan reduced the amount by $1,421,506 for a
revised loan amount of $5,722,494. Amendment 2 to the Loan
provided a deferred repayment date due to the project having
construction difficulties. Amendment 3 memorializes the amount drawn
down on the loan and the amount due for repayment.
Attachments: SRF Amendment 3 to Loan Agreement WW641860
B. Consideration for a reduction in the fine of $40,050.00 assessed pursuant to
Special Magistrate Cases DEL-22-241 MASSEY. Representation from SFR
JV-HD PROPERTY LLC, was present regarding 541 Battersea Avenue,
Deltona, FL 32738 - Danny Ron, Code Compliance Manager (386) 878-8702.
Strategic Goal: Effective Governance and Productive Government
Background: Regarding Cases DEL-22-241 MASSEY
DEL-22-241 MASSEY
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest
edition of the Florida Building Code, Section 105.1, which states that
any owner, authorized agent, who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work
to be done, shall first make application to the Building Official and
obtain the required permit.
Corrective action: You must obtain a permit for the Fence. Applications
must be submitted to the City of Deltona, 2345 Providence Boulevard,
Deltona, FL 32725. The structure must meet all requirements of city
ordinance and be approved on final inspection. Contact our office with
the permit number when obtained .
The total amount due - $40,050.00
Staff time and cost into this case is $1,3 00.00
On April 24, 2024 Representative from SFR JV-HD Property LLC,
appeared before the Special Magistrate to request a recommendation
to reduce the fine. Ms. Eick stated she was in favor of a reduction in this
case. For not acquiring a permit for the fence. Based on the finding that
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City Commission Regular Commission Meeting June 3, 2024
the property is in full compliance, the Special Magistrate Kristin Eick
made a recommendation to reduce the fine to $5 ,000.00, and she
stated the case would be required to go before the City Commission ,
for the final decision of lien reduction. (DEL-22-241 MASSEY) for a
total fine of $5,000.00 from amount due of $40,050.00 .
Attachments: Special Magistrate Request for Reduction Submittal DEL-22-241 MASSEY 4-24-
Recorded Special Magistrate Order - DEL-22-241 MASSEY
Case File - DEL-22-241 MASSEY
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and
concerns on the Consent Agenda item(s). Please complete a public participation slip
and indicate in the subject line the issue you wish to address. Members of the City
Commission shall not enter into discussion or respond to individuals' comments
during the public forum other than to give directions or to ask for clarification.
Please be courteous and respectful of the views of others. Personal attacks on
Commission members, City staff or members of the public are not allowed, and will
be ruled out of order by the Mayor.
11. CONSENT AGENDA: The Consent Agenda contains items that have been
determined to be routine and non-controversial. If discussion is desired by any
member of the City Commission, that item must be removed from the Consent
Agenda and considered separately. All other matters included under the Consent
Agenda will be approved by one motion. Citizens with concerns should address
those concerns by filling out a public participation slip and giving it to the Deputy
City Clerk prior to Consent Agenda items being pulled.
A. Request to award the new roof at Fire Station 62 bid to Spires Roofing LLC. -
Fire Chief Bill Snyder, Fire Department (386) 575-6902
Strategic Goal: Infrastructure
Background: The Fire Department budgeted in FY23/24 to replace the roof at Fire
Station 62. This roof was inspected and declared to need replacing
prior to causing damage within the station.
Staff solicited bids for a new roof at Station 62. Eight bids were
received. The low bid was received from Rogers Roofing Corp. dba
Professional Roof Systems for a total cost of $29,393.00 plus $3.50
per sq. ft. for any decking that needs replaced but is unable to comply
with all the necessary requirements listed in the scope of work.
Therefore, the 2nd lowest bidder is Spires Roofing at a total cost of
$30,780 plus $6.50 per sq. ft. for any decking that needs replaced.
There is $75,000 budgeted for this project.
B. Request for Approval of Halifax Humane Society, Inc. Agreement for animal
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City Commission Regular Commission Meeting June 3, 2024
services. Danny Ron, Code Compliance Manager (386) 878-8702.
Strategic Goal: Public Safety
Background: The City of Deltona has contracted with Halifax Humane Society for
animal services since 1998. The approval of the contract extension
FY22/23 good through September 30, 2024.The annual agreement for
2024-2025 fiscal year will provide services for animal shelter, return to
field, and trap, neuter, and return, rabies quarantine, confiscated
animals, dangerous dogs, and additional services for staff support and
forensic calls veterinarian support.
Attachments: Halifax Humane Society 2024-2025
May 7, 2024 Halifax Humane Society Letter
October 26, 2023 Email via Halifax Humane Society
C. Request approval of the Task Authorization between the City of Deltona &
Pegasus Engineering for Continuing On-Call Engineering Services related to
stormwater management in the amount not to exceed $150,000 - Phyllis
Wallace, Interim Public Works Director 386/878-8965
Strategic Goal: Infrastructure
Background: Pegasus Engineering is one of three firms, providing general
stormwater engineering services to the City of Deltona, on a continuous
basis, through September 30, 2024, as selected by a RFQ process.
This contract with Pegasus Engineering can be extended until
September 2025, should the City determine that is in our best interest.
The City requires the use of firms such as Pegasus Engineering to help
with review of projects to ensure the highest quality of analysis to
protect the citizens, residents and City. Currently, the City is without key
personnel including but not limited to the City Engineer and Assistant
City Engineer that has resulted in the need for outside professional
services to provide continuity of services.
Attachments: FY 2024 Stormwater Eng Services
PEGASUS - FY 2023-2024 - Fully Executed - Renewal Form
D. Request for approval of award of RFP#24019 Cell Tower Manager and
Agreement for Neel -Schaffer, Inc. - Glenn Whitcomb, Acting City Manager
(386) 878-8850.
Strategic Goal: Infrastructure
Background: Staff requested proposals from interested third parties to manage and
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City Commission Regular Commission Meeting June 3, 2024
market the City’s properties as sites for commercial wireless facilities
and to manage all current cell tower leases. The City currently has 10
cell tower leases at 3 sites, and its current tower management contract
will expire soon. The services are described on the attached scope of
work. The agreement provides that the Consultant will receive 10% of
the rent collected on existing leases and 25% of any newly generated
rent. There will be an application review fee of $6000 per site paid by
the applicant to obtain information needed to perform Site Leasing and
Management and Third-Party Expert Application Review. These
services include:
· Tower structural and loading audit using drone for capture of
photographs and video of tower and appurtenances.
· Review and copying of all lease documents and
correspondence on file with the City.
· Review and copying of all applicant file documents including
previous Structural Analysis Reports, geotechnical reports,
construction documents, NEPA documents, and any other file
information available.
· Review of FAA/FCC filings and compliance.
It is anticipated that the cost for these services will be approximately
$35,000 per year for the consultant’s share of tower rent. Application
review fee will be $6000 per site paid by the applicant.
Neel-Schaffer was one of five firms to respond to the RFP and
consensus was made by the Selection Committee to recommend
award to Nee-Schaffer. The approval of award 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: Cell Tower Manager
Agreement-Cell Tower Manager
Exhibit A
E. Request approval for Payment of Emergency Water Main Repairs at the
intersection of Deltona Blvd and Normandy Blvd to P&S Paving ($81,035.37)
and Volusia County ($17,460.54); in a total amount not to exceed $98,495.91 -
Phyllis Wallace, Interim Public Works Director (386) 878-8965.
Strategic Goal: Infrastructure
Background: On Monday, April 15, 2024, at approximately 1:30PM the water main at
the intersection of Deltona Boulevard and Normandy Boulevard
separated in a section of AC pipe that reduces from 10 inches to 8
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City Commission Regular Commission Meeting June 3, 2024
inches and was originally installed in 1963. This area is central to 3
separate water plants, so when the main break occurred, pressure
remained steadily above 70 PSI washing out a large section, 30 feet in
diameter, of roadway and lifting 2 lanes of roadway over 4 inches for
100 Linear Feet. The section of roadway was shut down for safety
concerns. The water main was isolated, and repairs were made the
same day. P&S paving was brought in as they are an approved paving
contractor to assess the roadway for repairs. It was determined that the
entire intersection along with the 2 lanes of 100 Linear Feet of roadway
needed structural repairs of roadbase, all lanes needed to be milled
and resurfaced, new striping, and traffic loops would need to be
reinstalled as well. P&S Paving provided a quote for approximately 150
Linear Feet of repairs with the understanding that actual quantities
would be invoiced. Actual quantities used was 155.71 LF of base and
180.70 LF of surface asphalt. Once the paving was completed Volusia
County Traffic Operations was contacted to re-install the traffic loops.
Traffic loop installation was quoted at $17,460.54.
Attachments: Deltona Blvd & Normandy Blvd Emergency Purchase Explanation
Deltona Blvd & Normandy, 4.24.24
PR#01 Deltona WM Asphalt Repair
F. Request for approval to replace 17-year-old playground at Wes Crile Park -
Mark Manning, Parks and Recreation, (386) 878-8905.
Strategic Goal: The Recreation City for All: maintain public facilities at a
superior level.
Background: The playground at Wes Crile is approximately 17 years old, is out of
warranty and has reached the end of its useful life. The discounted
pricing is based off of the Sourcewell cooperative purchasing contract
#010521 was approved through the budget process. This is a part of
our continuing efforts to modernize and upgrade our playground spaces
to include ADA accessibility and inclusivity that was started in 2016.
The budgeted amount for this project is $350,000 dollars.
Attachments: Wes Crile Quote with Sourcewell Contract and Expiration Date
PlayPower Contract 010521 good thru 2.17.2025
G. Request for approval to replace the 18-year-old playground at Tom Hoffman
Park with a new ADA Accessible and Inclusive Playground - Mark Manning,
Parks and Recreation, (386) 878-8905.
Strategic Goal: The Recreation City for All: maintain public facilities at a
superior level.
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City Commission Regular Commission Meeting June 3, 2024
Background: The playground at Tom Hoffman is approximately 18 years old, is out of
warranty and has reached the end of its useful life. Th discounted
pricing is based off of the Volusia County School Board contract
#MTS-906BC and replaces the current playground with an ADA
accessible and inclusive playground was approved through the budget
process. This is a part of our continuing efforts to modernize and
upgrade our playground spaces to include ADA accessibility and
inclusivity that was started in 2016. The budgeted amount for this
project is $250,000 dollars.
Attachments: TLRQ5465-02
Tag on Bid - Volusia Co MTS-906BC Playgrounds_Renewal_ 2-27-24
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
15. CITY COMMISSION COMMENTS:
16. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
a record of the proceedings, and for such purpose he/she may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City 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 13 Printed on 5/29/2024
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