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City Commission

Regular Meeting

Deltona, FL · July 15, 2024

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, July 15, 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: Present: 6 - Mayor Avila Vice Mayor JodyLee Commissioner Avila-Vazquez Commissioner Colwell Commissioner Heriot Commissioner McCool Absent: 1 - Commissioner Shimkus 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #6 Commissioner. 4. APPROVAL OF MINUTES & AGENDA: City of Deltona Page 1 Printed on 7/18/2024 City Commission Minutes July 15, 2024 A. Approval of minutes of the Regular Commission Meeting of July 1, 2024, as presented. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Colwell, to approve the minutes of the Regular Commission Meeting of July 1, 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 McCool 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by Selys Rivera-Reyes - Halifax Health Programs: Hospice, Traumatic Loss and Children’s Begin Again B. FY2022/2023 Annual Audit Presentation: Annual Comprehensive Financial Report for the Year Ended September 30, 2023 Tim Westgate, Audit Partner, and Lori Walker, Certified Public Accountant, with Purvis Gray gave a brief explanation of the Annual Comprehensive Financial Report for the period ending September 30, 2023. The Commission and Mr. Westgate discussed when Purvis Gray was hired, the scope of work and other services, other auditing firms, an internal auditor and cost, fund balance for stormwater, the IRS (Internal Revenue Service) letter and notification, identifying the scope of work, different audit types, audit comments, department turnover, internal processes and controls, meeting statutory requirements, and the GFOA (Government Finance Officers Association) award program. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Heriot, to approve the City's Annual Comprehensive Financial Report for the period ending September 30, 2023. 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 McCool C. Rainier Coomber, President of VEMA, will present a check to the Deltona Firefighters Foundation in the Amount of $6,274.92 from the 1st Annual Memorial Day Bike Ride Event on May 27th. City of Deltona Page 2 Printed on 7/18/2024 City Commission Minutes July 15, 2024 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 John Jay, Emma Santiago, Courtney Cross-Burgos, Althea King, Janet Deyette, Kathy Bryan, and Brandy White addressed the City Commission. 7. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2024-35, Establishing the Proposed Millage Rate for levy of ad valorem taxes for FY 2024/2025. Strategic Goal: Fiscal Issues The City Manager gave a brief overview of the item to include the proposal of a Millage Rate at 7.2 mills. The Commission and City Manager discussed a payroll study, .2 mills being equal to $1 million, wasteful spending, going to rollback, no stormwater reserves, the demographics and structure of the tax base, revenues and taxable values, needed projects, not burdening the residents, budget increases, unnecessary wish lists, the budget is ongoing, tax exemptions, the Compensation Study, the County's millage rate, public safety increases, holding developers accountable, raising taxes being politically unpopular, long term planning, rising costs/living expenses, finding savings, and being fiscally responsible. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to adopt Resolution No. 2024-35 as proposed by the City Manager at a rate of 7.2. Mayor Avila opened the public comments and Robin French, Elbert Bryan, Edwin Lasanta, Brandy White, Kathy Bryan, and Elizabeth Chavez addressed the City Commission. The Commission discussed Amazon incentives, residential vs. commercial property, impact fees and other fees, limitation of State law, and the originally proposed millage of 7.0. The motion carried by the following vote: City of Deltona Page 3 Printed on 7/18/2024 City Commission Minutes July 15, 2024 For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool Against: 2 - Mayor Avila, and Vice Mayor JodyLee B. Public Hearing - Resolution No. 2024-30, Establishing the Annual Rate Resolution - Stormwater Services for FY2024/2025. Strategic Goal: Fiscal Issues The City Manager gave a brief explanation of the item. The Commission, City Manager, and staff discussed providing a 2-3 year commitment, vigorously pursuing grants, successful grant projects breeds other projects, pursuing all funding opportunities, money for grants, research, State appropriations, a project dashboard, pushing out information to the public, hiring a grant professional, zero based budgeting, and budgeted projects not being done. Mayor Avila opened the public comments and Larry French, Elbert Bryan, A.M.C. de Fiqueiredo (Tony), Tim Blodgett, Robin French, Brandy White, and Gisselle Calderon-Cruz Esq. addressed the City Commission. The Commission and City Attorney discussed the notice of objection by Ms. Calderon-Cruz Esq., the Theresa Basin Study, needing a stormwater master plan, the importance of Lyonia Preserve and uplands, developers, protecting residents, and laws written for developers. Motion by Vice Mayor JodyLee, seconded by Commissioner Avila-Vazquez, to adopt Resolution No. 2024-30. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool C. Public Hearing - Resolution No. 2024-31, Establishing the Annual Rate of Assessment for Solid Waste (Trash) Services for FY 2024/2025. Strategic Goal: Fiscal Issues The City Manager gave a brief explanation of the item. The Commission, staff and Bill Redman with Redman Consulting Group (RCG) discussed removal of recycling program, the intent of the item, reserves, and whether the fund is self sufficient. City of Deltona Page 4 Printed on 7/18/2024 City Commission Minutes July 15, 2024 Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to adopt Resolution No. 2024-31. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool D. Public Hearing - Resolution No. 2024-32, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2024/2025. Strategic Goal: Fiscal Issues Motion by Commissioner Avila-Vazquez, seconded by Commissioner Colwell, to adopt Resolution No. 2024-32. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool E. Public Hearing - Resolution No. 2024-33, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2024/2025. Strategic Goal: Fiscal Issues Motion by Vice Mayor JodyLee, seconded by Commissioner Avila-Vazquez, to adopt Resolution No. 2024-33. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool F. Public Hearing - Resolution No. 2024-34, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2024/2025. Strategic Goal: Strengthen Code Compliance and focus on the City’s Beautification Program. Motion by Commissioner McCool, seconded by Commissioner Colwell, to adopt Resolution No. 2024-34. The motion carried by the following vote: City of Deltona Page 5 Printed on 7/18/2024 City Commission Minutes July 15, 2024 For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool The Commission and staff discussed the reason for the assessment, anything over $1,500 goes on the tax bill, and abating Welcome Center Road. Commissioner Avila-Vazquez asked for a consensus to have Code Compliance look at Welcome Center Road which is a privately owned road and the Commission concurred. G. Public Hearing - Resolution No. 2024-29, Granting an Appeal to permit a Tattoo Establishment within the Retail Commercial District (C-1) located at 1382 Howland Boulevard, Suite 108, within the City of Deltona; providing conditions, conflicts, severability, and an effective date. Strategic Goal: Economic Development The Deputy Public Works Director gave a brief explanation of the item and the options available. The Commission, City Manager, City Attorney and staff discussed the adverse effect on other businesses, the establishment not being allowed per code, staff working to update code, the item being an appeal, anticipated code changes and the time frame, doing things the right way, following the code, not playing favorites, speeding up the process, the options provided, a nearby businesses, not circumventing the rules, following the established rules, having the legal right to make the determination, antiquated rules, the City's growth and becoming more inclusive. Motion by Commissioner McCool, seconded by Commissioner Colwell, to approve the appeal of the decision by the review body and help this business move forward to start tattooing tomorrow. The Commission and City Attorney discussed Commission input, treating everyone the same, and a possible rezone. Mayor Avila opened the public comments and Tim Blodgett, Brandy White, Elizabeth Chavez, and Elbert Bryan addressed the City Commission. The applicant, Charles Castro, spoke about a letter of recommendation, provided pictures of the space, doing a variance, not wanting favors, being 100% ready to open, how tattoo studios are categorized, having a clean and safe environment, public health and safety being a priority, using sterilizers similar to hospitals, disinfectants, community spirit, acceptance, and the plaza owner supporting the business. The Commission discussed following the code, not being against tattoos, legal advice City of Deltona Page 6 Printed on 7/18/2024 City Commission Minutes July 15, 2024 provided, the process, and this being an appeal. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool H. Public Hearing - Ordinance No. 10-2024, vacating portions of the rights-of-way known as Florida Avenue and Clara Street associated with the Davis Park Plat. Strategic Goal: Economic Development The Planning & Development Planning Manager gave a brief explanation of the item. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Heriot, to approve Ordinance No. 10-2024 at first hearing, vacating portions of rights-of-way known as Florida Avenue and Clara Street associated with the 1925 Davis Park Plat. The Commission, staff and Gisselle Calderon-Cruz, Esq. of Booker & Associates, P.A. on behalf of the applicant, discussed the intended use, the no objection letters, the flood zone, 12 potential boundary and consistencies observed, the property being problematic, traffic impact analysis, roads or utilities, being clear of legalities, and the survey. Motion by Commissioner McCool, and seconded by Vice Mayor JodyLee, to table the item until the Commission can get their questions answered without any hesitation at all, with 100% clarity. There was no vote taken on this motion due to the original motion on the floor. Gisselle Calderon-Cruz, Esq. of Booker & Associates, P.A. on behalf of the applicant, spoke about the right-of-ways, the public interest, access and easements, and providing the Commission clarity on their questions at the next hearing. The Commission discussed tabling the item and the cost and the original motion on the floor. The motion carried by the following vote: For: 4 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, and Commissioner Heriot Against: 2 - Commissioner Colwell, and Commissioner McCool 8. OLD BUSINESS: City of Deltona Page 7 Printed on 7/18/2024 City Commission Minutes July 15, 2024 9. NEW BUSINESS: 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. Mayor Avila opened the public comments and Elbert Bryan, Mike Williams, and Courtney Cross-Burgos 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. The Commission pulled all the items on the Consent Agenda for discussion. A. Request approval for the replacement of the existing restroom at Timber Ridge Park with a new restroom facility. The entire project is not to exceed the budgeted amount of $225,000.00. Strategic Goal: Infrastructure The Parks & Recreation Director gave a brief explanation of the item. The Commission and staff discussed the vendor's location and being a national company, the vendor being on the approved list, the condition of the bathroom, the item being budgeted, delaying the project, going out to bid, the item being sole sourced, and the camera system. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to approve the replacement of the existing restroom at Timber Ridge Park with a new restroom facility. The motion failed by the following vote: For: 3 - Mayor Avila, Commissioner Avila-Vazquez, and Commissioner McCool Against: 3 - Vice Mayor JodyLee, Commissioner Colwell, and Commissioner Heriot City of Deltona Page 8 Printed on 7/18/2024 City Commission Minutes July 15, 2024 The City Manager stated staff will bid it out to see what other companies come in at and compare it to this bid. We will hold off but, we will not loose the money. B. Request for approval of the Proportionate Fair Share Agreement with Catalina Pointe, LLC, and Volusia County, for the Catalina Pointe RPUD. Strategic Goal: Impact Fees The Planning & Development Planning Manager gave a brief explanation of the item. The Commission and staff discussed the total amount and the payment process. Motion by Commissioner Avila-Vazquez, seconded by Mayor Avila, to approve the Proportionate Fair Share Agreement with Catalina Pointe, LLC and Volusia Couty. The motion failed by the following vote: For: 3 - Mayor Avila, Commissioner Avila-Vazquez, and Commissioner Heriot Against: 3 - Vice Mayor JodyLee, Commissioner Colwell, and Commissioner McCool C. Request for approval of Resolution No. 2024-26 Budget Amendment for chemical purchases from Odyssey Manufacturing Co. of Tampa Fl. utilizing piggyback of the Marion County $78,500.00 contract. Strategic Goal: Public Safety The Public Works & Deltona Water Director gave a brief explanation of the item. Motion by Commissioner Heriot, seconded by Commissioner McCool, to approve Resolution No. 2024-26 Budget Amendment for chemical purchases from Odyssey Manufacturing Co. of Tampa Fl. utilizing piggyback of the Marion County contract in the amount of $78,500.00. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool D. Request approval to increase the existing Purchase Order for General Legal Services. Strategic Goal: Internal and External Communication The City Manager gave a brief explanation of the item. City of Deltona Page 9 Printed on 7/18/2024 City Commission Minutes July 15, 2024 Motion by Commissioner Avila-Vazquez, seconded by Commissioner Colwell, to direct the City Manager to increase the existing Purchase Order for General Legal Services in an amount not to exceed $125,000. The motion carried by the following vote: For: 5 - Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool Against: 1 - Mayor Avila E. Request for removal of the Mayor and City Commission offices at City Hall. Strategic Goal: Internal and External Communication The City Manager gave a brief explanation of the item. The Commission and staff discussed the perception of interference, stopping the narrative, policies and procedures, staff interaction, Commissioner requests, reducing friction, the item being requested by the Commission, badge access, Commissioners working with staff, the lack of directors, Commissioners not staying in their lane, the Commission directing staff, the Commission having general relationships with staff, the Charter, salaries and promotions. Motion by Commissioner Heriot, seconded by Commissioner Colwell, to extend the meeting by 5 minutes. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor JodyLee, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Heriot, and Commissioner McCool 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS & REPORTS: 15. ADJOURNMENT: There being no further business, the meeting adjourned at 10:30 p.m. ______________________________ Santiago Avila, Jr., MAYOR City of Deltona Page 10 Printed on 7/18/2024 City Commission Minutes July 15, 2024 ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 11 Printed on 7/18/2024

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, July 15, 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 #6 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. City of Deltona Page 1 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of July 1, 2024, as presented. Background: N/A Attachments: July 1, 2024 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by Selys Rivera-Reyes - Halifax Health Programs: Hospice, Traumatic Loss and Children’s Begin Again Background: Presentation by Halifax Health on three of their programs: Hospice, Children’s BeginAgain and Traumatic Loss. Attachments: Halifax Health Hospice Grief Counseling Programs Presentation B. FY2022/2023 Annual Audit Presentation: Annual Comprehensive Financial Report for the Year Ended September 30, 2023 Background: The City undergoes a financial audit each year and issues an Annual Comprehensive Financial Report that includes the City’s financial statements. The independent audit firm of Purvis Gray, Certified Public Accountants will present the City’s audited Annual Comprehensive Financial Report for the year ended September 30, 2023. Attachments: FY 2023 ACFR FINAL C. Rainier Coomber, President of VEMA, will present a check to the Deltona Firefighters Foundation in the Amount of $6,274.92 from the 1st Annual Memorial Day Bike Ride Event on May 27th. Background: VEMA (Veterans Enforcers Motorcycle Association) partnered with the City of Deltona for the 1st Annual Memorial Day Bike Ride Event honoring Veterans and First Responders. The money raised was shared by VEMA with the Deltona Firefighters Foundation. City of Deltona Page 2 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 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. 2024-35, Establishing the Proposed Millage Rate for levy of ad valorem taxes for FY 2024/2025. Strategic Goal: Fiscal Issues Background: The City Manager is proposing a millage rate of 7. 0000 mills, which is reduced from the rate levied in FY2023/2024 and reflects an increase of 3.35% from the rolled-back rate of 6.7730 mills. Staff proposes the Commission adopt a proposed millage rate of 7. 0000 mills for FY2024/2025. Attached is Resolution No. 2024 -35 establishing a proposed millage rate. The adopted rate will be communicated to the Property Appraiser and used in the Notice of Proposed Property Taxes (TRIM Notices) issued to Deltona property owners in late August. If the commission votes to approve a higher millage rate at the first hearing in September, the City is required to send a revised TRIM notice to the property appraiser and to the residents at the City’s expense (s. 200.065(2)(d), F.S.). Attachments: Resolution No. 2024-35 B. Public Hearing - Resolution No. 2024-30, Establishing the Annual Rate Resolution - Stormwater Services for FY2024/2025. 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 City of Deltona Page 3 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 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. On June 3rd, 2024, the Commission voted to approve the preliminary annual rate of $170 per equivalent residential unit (ERU). The attached Resolution 2024-30 will establish an annual rate of $170 per ERU for FY2024/2025 for stormwater utility assessments. Attachments: Resolution No. 2024-30 Stormwater Rate Study Presentation C. Public Hearing - Resolution No. 2024-31, Establishing the Annual Rate of Assessment for Solid Waste (Trash) Services for FY 2024/2025. 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. On June 3rd, 2024, the Commission voted to approve the preliminary annual rate of $235.42 per residential unit. The attached Resolution 2024-31 will establish an annual rate of $235.42 per residential unit for FY2024/2025 for Solid Waste (Trash) Collection Assessments. 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 changed 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. City of Deltona Page 4 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 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. 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. Attachments: Resolution No. 2024-31 Solid Waste Assessment Calculations D. Public Hearing - Resolution No. 2024-32, Establishing the Annual Rate Resolution - Streetlighting Services for FY 2024/2025. 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. On June 3rd, 2024, the Commission voted to approve the preliminary rate. The attached Resolution 2024-32 will establish an annual rate for streetlighting assessments. Attachments: Resolution No. 2024-32 E. Public Hearing - Resolution No. 2024-33, Establishing the Annual Rate Resolution - Lake McGarity Aquatic Weed Control Services for FY 2024/2025. 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 City of Deltona Page 5 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 adoption. Attached is the Annual Rate Resolution for Aquatic Weed Control Services assessments for the Lake McGarity Special Assessment District for FY 2024/2025. The attached Resolution 2024-33 will establish an annual rate of $60.00 per assessed parcel. Attachments: Resolution No. 2024-33 F. Public Hearing - Resolution No. 2024-34, Establishing the Annual Rate Resolution - Nuisance Abatement Services for FY 2024/2025. 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. 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 $43,698.01. Attachments: Resolution No. 2024-34 G. Public Hearing - Resolution No. 2024-29, Granting an Appeal to permit a Tattoo Establishment within the Retail Commercial District (C-1) located at 1382 Howland Boulevard, Suite 108, within the City of Deltona; providing conditions, conflicts, severability, and an effective date. Strategic Goal: Economic Development Background: The applicant, Charles Castro, entered into a lease agreement for Suite 108 in the plaza located at 1382 Howland Boulevard. This location in whole, is zoned C-1, Retail Commercial, and does not allow tattoo establishments. The current Land Development Code affords tattoo establishments in C-2, General Commercial zoning with a Conditional Use Approval and in C-3, Heavy Commercial zoning with no additional approvals required. City of Deltona Page 6 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 Attachments: Resolution No 2024-29 Appeal Application 6.5.24 Appeal Appl Owner Letter No OBJ Appeal Appl Attchmnt A From Appl Appeal Appl Attchmnt B Photos H. Public Hearing - Ordinance No. 10-2024, vacating portions of the rights-of-way known as Florida Avenue and Clara Street associated with the Davis Park Plat. Strategic Goal: Economic Development Background: The applicant is requesting to vacate portions of the rights-of-way (ROW) within the Deltona Village, as they are part of an antiquated plat from 1925. The City received the required no-objection letters from all utilities within the area. The vacation of ROW does not change the zoning but will allow the owner to develop the land, as it is currently too constrained. Please refer to the Staff Report for more information. Attachments: Staff Report AROW24-0001 Ordinance No 10-2024 Exhibit A - Legal Description Maps Non-objection Letters Davis Park Plat 1925 Deltona Village Vacation of ROW 8. OLD BUSINESS: 9. NEW BUSINESS: 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. City of Deltona Page 7 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 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 approval for the replacement of the existing restroom at Timber Ridge Park with a new restroom facility. The entire project is not to exceed the budgeted amount of $225,000.00. Strategic Goal: Infrastructure Background: The restrooms at Timber Ridge Park are 25 years old, not in compliance with ADA accessibility and have reached the end of their useful service life. This capital project, approved in the budget, provides for an ADA accessible restroom. In addition, this project will also upgrade the security cameras. Once the restroom is delivered, the Contractors will install the electrical, plumbing and security cameras. The entire cost of this project, including the camera upgrades will not exceed the budgeted amount of $225,000 dollars. Attachments: CXT Contract 081721 thru 10.15.2025 Timber Ridge WO#795899 Timber Ridge Park ROA 22-B-161MC Plumbing Services Est#1172 - Vann Park Clubhouse HVAC Bid#23025 Electrical Service COD Verkada 6 Quote 19694 P-20-20-COC EMPIRE AMENDMENT 1 B. Request for approval of the Proportionate Fair Share Agreement with Catalina Pointe, LLC, and Volusia County, for the Catalina Pointe RPUD. Strategic Goal: Impact Fees Background: Cataline Pointe RPUD was approved in January of 2023 for 277 detached residential units that shall remain under ownership as a multi-family rental complex. If the Developer does not pay the total Proportionate Fair Share amount within one (1) year of the date of the execution of this Agreement by all parties hereto, then the outstanding balance of the Proportionate Fair Share shall be revised based on the applicable Consumer Price Index published inflationary rate. If the City of Deltona Page 8 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 proportionate fair-share amount is not paid before December 31, 2025, then the TIA must be updated, and the proportionate fair-share amount recalculated. The City will receive approximately $277,596.00 in impact fees from the development. The City is required to approve and sign the agreement before the County can sign the agreement. Attachments: Proportionate Share Agreement Exhibit B - Updated Prop. share calcs C. Request for approval of Resolution No. 2024-26 Budget Amendment for chemical purchases from Odyssey Manufacturing Co. of Tampa Fl. utilizing piggyback of the Marion County $78,500.00 contract. Strategic Goal: Public Safety Background: On September 9th of 2023, the City of Deltona was notified by Odyssey Manufacturing of a price increase of sodium hypochlorite (bleach) from $1.25 to $1.65 per gallon. Sodium hypochlorite is used as a required disinfectant in the wastewater process. The City of Deltona is using a piggyback contract of Marion County which was renewed on September 30th, 2023, with the increased cost valid until September 30, 2024. Many factors such as distance from manufacture by rail and roadway as well as volume purchased influence this adjusted cost. Similar utility’s experienced prices of $1.69 and $1.75 per gallon. At the time of the notification, the 23/24 FY budget was in the final stages of approval. Sodium Hypochlorite usage has been monitored very closely to attempt to utilize the approved funds while still maintaining adequate disinfection per FDEP requirements. Those funds are exhausted, and the budget resolution provides the additional funds to continue to meet disinfection requirements through FY 23/24. Attachments: Deltona Cvr Ltr Resolution No. 2024-26 BA2024-049 WW Chemicals - 362 D. Request approval to increase the existing Purchase Order for General Legal Services. Strategic Goal: Internal and External Communication Background: At the Regular Commission Meeting held on July 1, 2024 , the City Commission approved by consensus that the City Attorney will be paid City of Deltona Page 9 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 for no more than 40 hours a week until the effective date of her resignation letter, September 3 0, 2024. There is currently an invoice due for work done for the month of June in the amount of $38,203.50. There are currently no funds remaining on the purchase order to pay this invoice. However, there is $153,700 remaining on the line item which can be used to increase the existing purchase order. E. Request for removal of the Mayor and City Commission offices at City Hall. Strategic Goal: Internal and External Communication Background: At the Regular Commission Meeting held on July 1, 2024, Commissioner McCool requested that the Mayor and City Commission consider the removal of their offices at City Hall. Over the last few months several Commissioners have made this same suggestion. This item is so the City Commission can vote on the removal of all three offices at City Hall or to leave the offices as is. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS & REPORTS: 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 10 Printed on 7/15/2024 City Commission Regular Commission Meeting July 15, 2024 City of Deltona Page 11 Printed on 7/15/2024

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