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City Commission

Regular Meeting

Deltona, FL · March 3, 2025

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, March 3, 2025 6:30 PM Deltona Commission Chambers PUBLIC FORUM: 6:00 PM - 6:30 PM The Mayor opened the public comments and Richard Bellach, Lori Warnicke, Kathy Bryan, Gale Barr, Dana McCool, Commissioner007, Mike Williams, and David Sosa addressed the City Commission. BUSINESS MEETING - 6:30 PM 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 Heriot Commissioner Colwell Commissioner Howington Commissioner Lulli Commissioner Santiago Absent: 1 - Commissioner Avila-Vazquez 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #5 Commissioner. Honoring Veteran - 4. ADDITIONS AND DELETIONS: 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Government Finance Professional’s Week ~ March 17th - 21st Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to approve the Proclamation. The motion carried by the following vote: City of Deltona Page 1 Printed on 3/11/2025 City Commission Minutes March 3, 2025 For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago 6. DELTONA COMMUNITY EVENTS: 7. CONSENT AGENDA: Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to approve all items on the Consent Agenda as submitted. Commissioner Colwell requested to pull four (4) items off the Consent Agenda for discussion. The Mayor asked if Commission Santiago wanted to amend her motion and she replied no. Commissioner Howington requested to pull two (2) items off the Consent Agenda for discussion. The Mayor asked if Commission Santiago wanted to amend her motion and she replied the Commission can speak after the motion has been placed. Commissioner Colwell called point of order and asked for the City Attorney's opinion. City Attorney Torcivia clarified the question and she stated that it is the practice of this Commission to be able to pull items off the Consent Agenda for discussion. This is not a Roberts Rules of Order question, but a practice question. As practice, the Commission as a body has elected to pull items when requested. Nobody has had to vote to have items pulled. The items can still be pulled and discussed regardless of the motion and the second. Commissioners do have the right to discuss public items which involves public funds of which the Commissioners are stewards. Commissioner Colwell requested to pull Items 7-D, 7-E, 7-F, and 7-I for discussion. The Mayor asked if Commission Santiago would be willing to amend her motion and she replied she wanted to keep the motion and if it fails the items can be pulled. Commissioner Howington requested to pull Items 7-E and 7-I for discussion. The Mayor asked Commissioner Santiago to amend her motion to approve all except Items 7-D, 7-E, 7-F, and 7-I. Vice Mayor Heriot retracted his second. City of Deltona Page 2 Printed on 3/11/2025 City Commission Minutes March 3, 2025 Amended motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to approve it and we can discuss D, E, F and I. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago A. Approval of minutes of the Regular Commission Meeting of February 17, 2025, as presented. Approved by Consent - to approve the minutes of the Regular Commission Meeting of February 17, 2025, as presented. B. Request for approval of Resolution No. 2025-43 purchase of two (2) replacement 6” High Head Emergency Portable Pumps from Thompson Pump located in Port Orange, Florida in the amount of $181,805. Purchase price includes the pump purchase and additional suction hoses. This purchase is based on the Florida Sheriff’s Association Cooperative Purchase Program; Contract FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1, 2024 - September 30, 2025. Approved by Consent - to approve Resolution No. 2025-43. C. Request for approval of Resolution No. 2025-44 purchase of four (4) new 6” High Head Emergency Portable Pumps from Thompson Pump located in Port Orange, Florida in the amount of $298,902.00. Purchase price includes the pump purchase and additional suction hoses. This purchase is based on the Florida Sheriff’s Association Cooperative Purchase Program; Contract FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1, 2024 - September 30, 2025. Approved by Consent - to approve Resolution No. 2025-44. D. Request for approval of Resolution No. 2025-36, Everglades Equipment Group, purchase of two (2) replacement Stormwater John Deere Mowers and two (2) replacement John Deere Gator in the amount of $75,466.68. Mowers $26,062.10 each ($52,124.20); Gators $11,671.24 each ($23,342.48) - combined total $75,466.68. The quote from John Deere - Everglades Equipment Group is based on the Sourcewell Grounds Maintenance Contract 031121-DAC (PG NB CG70). The Commission and staff discussed replacement equipment, stormwater ditches and retentions, rights-of-way, the need for a contract, and the contract term. City of Deltona Page 3 Printed on 3/11/2025 City Commission Minutes March 3, 2025 The Commission and staff discussed the vendors, Menzi Muck, and the purchase order. Motion by Vice Mayor Heriot, seconded by Commissioner Howington, to approve item D on the Consent Agenda as presented. The Mayor opened and closed the public comments as there were none. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago E. Request for approval of Resolution No. 2025-37, Menzi USA Sales, purchase of a replacement Menzi Muck (walking excavator) M425X in the amount of $549,227.74. Menzi USA Sales in Lakeland, Florida is the sole source authorized distributor for the Menzi Muck Walking Excavator for sales, parts and service. Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to approve the item. The Commission and staff discussed the equipments life span, licensed staff, training, payback period and increasing the maintenance service intervals. The Mayor opened the public comments and Commissioner007 addressed the City Commission. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago F. Request for approval of Resolution No. 2025-40, contract with Sea Level Development LLC for the as necessary stormwater open ditch and canal mowing in the amount of $89,600. The Commission and staff discussed the award of bid and the process, mowing season and increasing service intervals. The Mayor opened and closed the public comments as there were none. Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to move the item. The motion carried by the following vote: City of Deltona Page 4 Printed on 3/11/2025 City Commission Minutes March 3, 2025 For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago G. Request for approval of Resolution No. 2025-35, The Sandbag Store, purchase of two (2) new Ultimate Bagger (sandbagging machines) in the amount of $118,900. The Sandbag Store LLC is the parent company of Burcham Baggers LLC and owns all patents, trademarks and all other rights to the property, including full production of the Ultimate Bagger, therefore this is a sole source purchase. Approved by Consent - to approve Resolution No. 2025-35. H. Request for approval of Resolution No. 2025-33, Grant Professionals Inc. dba Brooks & Dun Grant Consulting to provide professional services necessary to provide grant research, writing, reporting, representation, and grant administration in an amount not to exceed $102,000. Approved by Consent - to approve Resolution No. 2025-33. I. Request for approval of Resolution No. 2025-29, Purchasing Policy. Commissioner Howington spoke about approval of policies, spending authority, having a policy workshop, the Commission retaining control, and tabling the item. Motion by Commissioner Howington, seconded by Commissioner Colwell, to table the Resolution until after we have the policy workshop. The Commission and staff discussed budget allocations, approving purchases via the budget, the County and other cities' thresholds, operational sufficiency, updates to policies, the history of the purchasing policy, the changes made, best practices, thresholds throughout the state, purchasing in a sufficient manner, budget amendments and items not in the budget, the $100,000 being for sealed bid solicitations, expediting budget approvals, quotes and sealed bids, the threshold being low but adequate, the line item vs. the items, negligence and trust, reasons for the threshold, the tenure of City Managers, detailed line items, following policy, and modifying the threshold. Commissioner Howington retracted the motion and Commissioner Colwell retracted his second. The Commission, staff and the City Attorney discussed the City Manager's designee and to have the solicitation level at $100,000 and anything over $50,000 that is not per the policy will come back to the Commission for approval. Motion by Commissioner Howington, seconded by Commissioner Colwell, to approve Resolution No. 2025-29 Purchasing Policy Manual City of Deltona Page 5 Printed on 3/11/2025 City Commission Minutes March 3, 2025 with an adjustment to the City Manager's threshold from $100,000 to $50,000 and change the asterisk to state the City Manager will designate a person that is authorized to approve any exempt purchase in their absence. The Mayor opened the public comments and Debbie Mize, Kathy Bryan, Elbert Bryan, Katherine Gallagher, Commissioner007, and Virgil Ford addressed the Commission. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago J. Request for approval of Resolution No. 2025-34, declaring certain tangible personal property owned by the City as surplus and authorizing the City Manager to dispose of them. Approved by Consent - to adopt Resolution No. 2025-34, declaring certain property of the City as surplus and authorizing the sale or disposal of such property. Upon approval of this item authorizes all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. K. Request for approval of Resolution No. 2025-41 to purchase a modular classroom with the approved budget funds. Approved by Consent - to approve Resolution No. 2025-41. L. Request for approval of Resolution No. 2025-45 to purchase fire training props with the approved budget funds. Approved by Consent - to approve Resolution No. 2025-45. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Request for approval of Resolution No. 2025-24, accepting the Final Plat for Phase 1 on the Vineland Reserve RPUD for a 126-lot single-family townhouse subdivision on approximately 20.3-acres of property located east of Peach Creek Drive. City Attorney Good stated in order to preserve the published notice in the newspaper we would like to open the public hearing and have the item deferred to a date certain in order to allow the property posting notice to be cured without causing additional cost to the applicant. City of Deltona Page 6 Printed on 3/11/2025 City Commission Minutes March 3, 2025 Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to continue this item to the March 18th meeting. City Attorney Good read the title of Resolution No. 2025-24 for the record. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago B. Public Hearing - Request for approval of Ordinance No. 15-2025, establishing Chapter 43 of the City of Deltona Code of Ordinances “Public Camping”, at first reading. City Attorney Torcivia read the title of the Ordinance No. 15-2025 into the record and she gave a brief summary of the item. Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to approve Ordinance No.15-2025 at first reading to establish Chapter 43 of the City of Deltona Code of Ordinances 'Public Camping'. The Mayor opened the public hearing and Dana McCool and Kathy Bryan addressed the City Commission. The Commission and City Attorney Torcivia discussed complying with new state statute, violations, implementing the ordinance, keeping inline with Volusia County, fines/arrests, continuity, protecting the City from litigation, the statutory process, unpaid fines, warnings in lieu of fines and penalties. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago C. Public Hearing - Request for approval of Ordinance No. 16-2025, amending Chapter 2, Article IV to update the sections related to the Debt Policy, Budget Policy and the Purchasing Policy, at first reading. City Attorney Torcivia read the title of Ordinance No. 16-2025 for the record. Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to approve the item as presented. The Mayor opened the public hearing and Commissioner007 addressed the City Commission. The motion carried by the following vote: City of Deltona Page 7 Printed on 3/11/2025 City Commission Minutes March 3, 2025 For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago D. Public Hearing - Request for approval of Ordinance No. 18-2025, amending Chapter 68, Article II to update the sections related to Customer Deposits, at first reading. Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to approve the item. City Attorney Torcivia read the title of Ordinance No. 18-2025 for the record. The Mayor opened and closed the public hearing as there were none. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago E. Public Hearing - Request for approval of Ordinance No. 13-2024, amending the City’s Land Development Code Sections 110-300 to 110-320 of Article III, “Establishment of Classifications and Official Zoning Map” of Chapter 110 “Zoning”, at first reading. Motion by Vice Mayor Heriot, seconded by Commissioner Howington, to approve this item. City Attorney Good read the title of Ordinance No. 13-2024 for the record. The Mayor opened and closed the public hearing as there were none. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago F. Public Hearing - Request for approval of Ordinance No. 04-2025, amending the zoning code, Chapter 74 "Administration," to include review procedures, eliminating review durations, and updated public noticing requirements, amending Chapters 75, 106, and 110 by removing procedures regulation in Chapter 74 of the Land Development Code of the City of Deltona, at first reading. City of Deltona Page 8 Printed on 3/11/2025 City Commission Minutes March 3, 2025 City Attorney Good read the title of Ordinance No. 04-2025 for the record. Motion by Vice Mayor Heriot, seconded by Commissioner Howington, to approve this item. The Mayor opened the public hearing and Dana McCool and Lori Warnicke addressed the City Commission. The Commission, City Attorney and staff discussed setting boundaries for standing, setting standards, the size and impact of development, too broad of a discretion, final site plan vs. final plat, the Commission's authority remaining, required notification and public participation, requiring infrastructure to be completed, legally subdividing areas, performance bonds, site infrastructure, and notification costs. The Mayor requested a workshop before second reading to determine parameters. City Attorney Good stated when the ordinance comes back for second reading they will provide some sample radiuses and what that would look like on a map. City Attorney Torcivia stated this is about notification and standing is separate, the supreme court does provide other guidance for standing. The motion carried by the following vote: For: 5 - Mayor Avila, Vice Mayor Heriot, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Against: 1 - Commissioner Colwell G. Public Hearing - Request for approval of Ordinance No. 14-2024, amending Section 110-810, of Article III of Chapter 110 “Zoning”, of the Land Development Code, at first reading. Motion by Commissioner Colwell, seconded by Commissioner Howington, to approve the item. City Attorney Good read the title of Ordinance No. 14-2024 for the record. The Mayor opened and closed the public hearing as there were none. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago 9. ACTION ITEMS: A. Consideration of appointments or re-appointments of Four (4) members City of Deltona Page 9 Printed on 3/11/2025 City Commission Minutes March 3, 2025 and four (4) alternates to the Planning and Zoning Board. Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to appoint Tara D'Errico to the Planning and Zoning Advisory Board. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Commissioner Colwell, seconded by Commissioner Lulli, to appoint Andrea Cardo. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to appoint David Stewart to the Planning and Zoning. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Mayor Avila, seconded by Commissioner Santiago, to appoint Pat Northey to the Planning and Zoning Advisory Board. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Mayor Avila, seconded by Commissioner Lulli, to appoint Larry French as an Alternate to the Planning and Zoning Advisory Board. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Commissioner Lulli, seconded by Vice Mayor Heriot, to re-appoint Lori Warnicke. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago City of Deltona Page 10 Printed on 3/11/2025 City Commission Minutes March 3, 2025 Motion by Commissioner Colwell, seconded by Commissioner Lulli, to re-appoint Jeffrey Zlatos as an Alternate. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago Motion by Commissioner Santiago, seconded by Commissioner Howington, to appoint Karen Neher.. The motion carried by the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago 10. CITY ATTORNEY COMMENTS: City Attorney Torcivia stated she has three (3) items. With respect to a letter from the State of Florida Commission on Ethics regarding questions by Commissioner Colwell back in November with respect to Commissioner Santiago. The document provides a detailed analysis of the work of Commissioner Santiago and her spouse to include his role as a County Councilman. The documents provide a clear road map, under the current situation as of the date of the letter, when potentially a conflict could occur. City Attorney Torcivia stated the next update is in regard to the noise ordinance and the enforceability of it. Code Enforcement has been implementing and enforcing the ordinance and will continue to do so. There is a difference of opinion in the enforceability with respect to the VSO (Volusia Sheriff's Office) enforcing the ordinance. She has been working with the VSO counsel and have come to a reasonable position. Historically, the VSO has not enforced the ordinance, the ordinance is enforceable, and currently we are working together to find a solution. She went over several solutions to include a criminal misdemeanor, hiring an assistant state attorney or criminal prosecutor, an escalating fine, sending the case to the Special Magistrate, or other municipalities practices. Her recommendation is that the Commission direct her to draft a new ordinance to include escalating fines and at first reading the Commission can make changes. She also recommends that the Commission direct her to work with the State Attorney and potentially investigate the cost of hiring our own criminal prosecutor or whatever is most cost effective. Motion by Commissioner Colwell, seconded by Commissioner Howington, to direct the City Attorney to amend the noise ordinance to change it from its current penalty to an escalating fine and then the Special Magistrate as laid out and second, to direct the City Attorney to explore the cost of having an Assistant State Attorney (ASA) assigned to the City and the cost of a criminal prosecutor of our own. City of Deltona Page 11 Printed on 3/11/2025 City Commission Minutes March 3, 2025 Commissioner Colwell questioned how to fine rental homes without a registry and City Attorney Good replied that will come before the Commission next month for first reading. He has been working with staff on amending Chapter 22 Businesses to include additional information on rental properties without running afoul of the states pre-emption. City Attorney Torcivia clarified that the fines will be tied to the property and not the human. The motion carried with the following vote: For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell, Commissioner Howington, Commissioner Lulli, and Commissioner Santiago The Commission and City Attorney discussed the fine structure and when Code is unavailable. City Attorney Torcivia stated the third item is about the City's auto coverage which is not an attorney function. Staff reached out to the insurance provider and she summarized their response. Regardless of who is in the vehicle the "City" which is the designated member has coverage as long as no exclusions apply. There is coverage for a passenger in a City owned vehicle that is not an employee. The City Manager stated that nobody can drive a City vehicle unless they are an employee. The Commission, City Attorney and staff discussed posting the policy. City Attorney Torcivia suggested posting the policy on the website under risk which can be updated annually. 11. CITY MANAGER COMMENTS: The City Manager stated that Item 8-A, Vineland Reserve, has been moved to the March 18th Regular Commission Meeting (RCM) and depending on a potential agreement with Eloah Estates that may be another consideration for that meeting. The City Clerk stated that the auto insurance policy was provided on the public records portal back in February. 12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS: Commissioner Santiago spoke about Discovery Elementary's Black History Month door decoration contest, West Volusia Youth Baseball Opening Ceremony, the Wildlife Festival at Lyonia Preserve, and the Rotary of Deltona, Orange City and DeBary River Run. City of Deltona Page 12 Printed on 3/11/2025 City Commission Minutes March 3, 2025 Commissioner Howington spoke about the potential Special Commission Meeting and she read a statement. She requested a workshop on how the meetings and agenda are done. She spoke about the upcoming March 18th RCM, review of the Commission travel policy, Eloah Estates final plat, impact fees, unscheduled workshops, using time wisely, adding items to agenda, and the Charter Officer review process. City Attorney Good stated with regards to scheduling workshops and amending the scope of the policy workshop we would need a consensus and direction from the body. She requested a workshop for the Charter member review process and the documentation used for the review. Commissioner Howington spoke about succession plans for directors and City Attorney Torcivia replied the Commission could establish a policy that requires the City Manager to have a succession plan at the director level. However, the Mayor is correct, we do have to tread lightly as the Charter is very clear that the Commission sets policy. Commissioner Howington requested to add that to the policy workshop already requested. Commissioner Howington spoke about Transform386, what the County is doing with the funds and the City using its funds for mitigation. She requested to add consequences to policy violations when the Commission has their policy workshop. City Attorney Torcivia gave a brief update on Eloah Estates which is not a standard agreement and is usually done by a bank. It is a complex negotiation, then it needs to be papered, their attorney has been provided the agreement and it should be good for March 18th. Commissioner Colwell spoke about his motion and the agreement for Eloah Estates. Commissioner Lulli spoke about the noise ordinance, land use changes, increased density and he read a statement regarding. Commissioner Lulli requested a consensus to allow him to work with planning staff to create a zoning overlay in District 6 with a working title "To keep Deltona wild overlay district" specifically targeted at areas with low or more than typical density for the district and/or containing keystone wildlife habitat and/or contain strategic areas for stormwater or flood plain management with a goal to define, preserve and protect critical conservation and sociological resources. The Mayor stated to make sure we are not stepping into the JPA (Joint Planning Area) territory. We are working with other Councilmen regarding the future of JPA to include Osteen residents and some Deltona leaders. He wants to make sure we do not try to mitigate something that involves the County as well as the City. City of Deltona Page 13 Printed on 3/11/2025 City Commission Minutes March 3, 2025 The Commission concurred with Commissioner Lulli's request and added agricultural use. Commissioner Lulli requested a consensus to bring the zoning in progress to the Commission at the next available opportunity for the overlay. City Attorney Good replied they can work on a zoning in progress, but the difficulty in declaring a zoning in progress at this moment is because overlay districts are geographic in nature and we would need to first define the geography before we could effectively declare the zoning in progress. City Attorney Torcivia stated they will work with both Commissioner Lulli and the Planning & Development Services Director. Commissioner Lulli requested an update on FEMA (Federal Emergency Management Agency) reimbursements going back 2 1/2 years for Ian, Nicole and Milton. Vice Mayor Heriot spoke about Friendship Elementary Science Night. Vice Mayor Heriot requested a consensus to ask staff to bring back a policy prohibiting smoking in parks to include vaping and the Commission concurred. Vice Mayor Heriot spoke about Collins Road and the D-Ranch. Vice Mayor Heriot requested consensus for staff to investigate options to protect upland eco-systems as part of the zoning in progress for the drainage chapter of the Land Development Code (LDC) and the Commission concurred. Vice Mayor Heriot requested a consensus to bring back at second reading Item F to include options to expand the notification radius, what that would look like, and passing costs onto the applicants and the Commissioner concurred. Vice Mayor Heriot spoke about Lake Helen Osteen Road/Elkcam Blvd. intersection flooding. Councilman David Santiago spoke about reopening the 386 funding, low hanging fruit projects/quick hit projects and partnering with the county. Vice Mayor Heriot requested a consensus for staff to work on what that project would look like, to work with county staff to see what is needed for that location, and to come up with a budget and a plan for a solution and the Commission concurred. Mayor Avila requested a consensus to schedule some type of meeting between the School Board, Volusia County and the City regarding flooding by Osteen Elementary School and the Commission concurred. Mayor Avila spoke about Deltona Vibes, supporting organizations and the Governor's DOGE (Department of Government Efficiency) project. City Attorney Good replied he has received the email and the order on its face does not provide any additional oversight other City of Deltona Page 14 Printed on 3/11/2025 City Commission Minutes March 3, 2025 than what the state government can currently provide which is looking at publicly available records and through the office of the auditor/performing an audit if requested or found to be warranted. Mayor Avila spoke about the Mayor's Fitness Challenge and he requested a workshop on development especially plats. Mayor Avila requested a consensus that the City Manager, Planning & Development Services Director and the Economic Development Director look at some areas for a downtown overlay and the Commission concurred. The City Manager suggested to do an all day Saturday workshop and the Commission agreed. He also clarified the process that took place for the proposed March 10th Special Commission Meeting. 13. ADJOURNMENT: There being no further business, the meeting adjourned at 9:33 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 15 Printed on 3/11/2025

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Heriot Commissioner Avila-Vazquez Commissioner Colwell Commissioner Howington Commissioner Lulli Commissioner Santiago Monday, March 3, 2025 6:30 PM Deltona Commission Chambers PUBLIC FORUM: 6:00 PM - 6:30 PM BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #5 Commissioner. Honoring Veteran - Background: N/A 4. ADDITIONS AND DELETIONS: 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Government Finance Professional’s Week ~ March 17th - 21st Background: A proclamation to recognize the week of March 17th -21st as “Government Finance Professionals Week”. Government Finance Professionals Week recognizes government finance professionals throughout the State of Florida and the services they provide. 6. DELTONA COMMUNITY EVENTS: 7. CONSENT AGENDA: A. Approval of minutes of the Regular Commission Meeting of February 17, 2025, City of Deltona Page 1 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 as presented. Background: N/A B. Request for approval of Resolution No. 2025-43 purchase of two (2) replacement 6” High Head Emergency Portable Pumps from Thompson Pump located in Port Orange, Florida in the amount of $181,805. Purchase price includes the pump purchase and additional suction hoses. This purchase is based on the Florida Sheriff’s Association Cooperative Purchase Program; Contract FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1, 2024 - September 30, 2025. Background: The need for portable emergency pumps for the Stormwater Division ensures that the City can respond quickly, efficiently & effectively to dry down high water levels during major rain events including hurricanes. These pump replacements (#1105 & #1106) have reached the end of service life and both pumps have excessive run hours. These replacements combined with the purchase of four (4) additional new pumps and added to existing inventory allows a proactive approach to equipment staging to those known areas of historically flooding. C. Request for approval of Resolution No. 2025-44 purchase of four (4) new 6” High Head Emergency Portable Pumps from Thompson Pump located in Port Orange, Florida in the amount of $298,902.00. Purchase price includes the pump purchase and additional suction hoses. This purchase is based on the Florida Sheriff’s Association Cooperative Purchase Program; Contract FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1, 2024 - September 30, 2025. Background: The necessity of portable emergency pumps for the Stormwater Division ensures that the City can respond quickly, efficiently & effectively to draw down high water levels during major rain events including hurricanes. These pumps added to the existing inventory allows a proactive approach to equipment staging to those known areas of historically flooding. D. Request for approval of Resolution No. 2025-36, Everglades Equipment Group, purchase of two (2) replacement Stormwater John Deere Mowers and two (2) replacement John Deere Gator in the amount of $75,466.68. Mowers $26,062.10 each ($52,124.20); Gators $11,671.24 each ($23,342.48) - combined total $75,466.68. The quote from John Deere - Everglades Equipment Group is based on the Sourcewell Grounds Maintenance Contract 031121-DAC (PG NB CG70). City of Deltona Page 2 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 Background: The mowers (#0821 & #1341) have reached the end of service life have increasing costly maintenance repairs. The gators (#1533 & #1534) have reached the end of service life and both continue to require costly maintenance resulting in extended periods out of service. E. Request for approval of Resolution No. 2025-37, Menzi USA Sales, purchase of a replacement Menzi Muck (walking excavator) M425X in the amount of $549,227.74. Menzi USA Sales in Lakeland, Florida is the sole source authorized distributor for the Menzi Muck Walking Excavator for sales, parts and service. Background: In April 2021, the prior Menzi Muck was taken out of service due to an accident that left the equipment unrepairable. The Stormwater Division had budgeted for a replacement Menzi Muck, however leadership at that time believed that contract ditch & canal maintenance was the most cost effective means for maintenance. In mid 2024, the City Commission authorized the purchase of a replacement Menzi Muck from General Fund. It was estimated cost of the Menzi Muck was $600,000 and the quote received for the purchase is approximately $50,000 less than anticipated. The City of Deltona has miles of open ditches and canals that need routine maintenance mowing and dredging to ensure positive stormwater conveyance. There are over 50 locations that require maintenance up to 4 times a year. A Menzi Muck walking excavator is an ingenious high-tech piece of equipment with a patented excavator arm which allows special applications & capabilities. This equipment can adapt to any terrain, with ease of mobility and stability provided the user maximum safety. F. Request for approval of Resolution No. 2025-40, contract with Sea Level Development LLC for the as necessary stormwater open ditch and canal mowing in the amount of $89,600. Background: Until receipt of the Menzi Muck the City continues to require contract work efforts, as determined by Stormwater Division for maintenance of open ditches and canals throughout the City of Deltona. Purchasing advertised an Invitation to Bid #24021 - Drainage Ditch Mowing on Demand Star and received two (2) responses. Sea Level Development LLC quote was found to be fair and within industry standards for the scope of work as advertised. G. Request for approval of Resolution No. 2025-35, The Sandbag Store, purchase of two (2) new Ultimate Bagger (sandbagging machines) in the amount of $118,900. The Sandbag Store LLC is the parent company of Burcham City of Deltona Page 3 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 Baggers LLC and owns all patents, trademarks and all other rights to the property, including full production of the Ultimate Bagger, therefore this is a sole source purchase. Background: Each hurricane season begins the labor intensive and time-consuming job of filling sandbags by our residents and staff. These sandbags are used to mitigate any potential flooding that a storm may cause to residences, businesses and City facilities. Because of the labor involved, including detailed documentation of issuance of sandbags for possible FEMA reimbursement the staffing levels at the sandbag site(s) takes resources away from other important storm preparation efforts. This piece of equipment can fill 1,200 sandbags every hour with a crew of only 4. The bagger has a unique bag filling system that accurately fills and seals bags while displaying real-time production data to the operator. The control panel takes the guess work out of high-volume bagging. It displays the current production speed in bags-per-hour, allowing the City to accurately validate bags filled with bags provided to residents. This purchase includes set-up and on-site 2 day training for Public Works operators. During Hurricanes Ian, Nicole & Milton the City provided an estimated 25,000 sandbags to residents. This bagging equipment will provide an opportunity before a hurricane season to have thousands of ready to pick-up bags for our residents. This will require an amendment to the budget that will be brought forward as part of the mid-year budget. H. Request for approval of Resolution No. 2025-33, Grant Professionals Inc. dba Brooks & Dun Grant Consulting to provide professional services necessary to provide grant research, writing, reporting, representation, and grant administration in an amount not to exceed $102,000. Background: The City has historically relied on each department to seek grant finding and grant writing activities when seeking appropriate grant funding for its projects/activities. As part of the City’s FY 2024-2025 budget had money set aside to hire an individual to research and write grant applications citywide. The City has been unsuccessful in finding a qualified individual. The City has found a company within Volusia County that specializing in the management of the overall grant writing process including assisting the City to maximize the benefits of grant funding. This company has a demonstrated ability to identify high yield grant funding opportunities for City of Deltona Page 4 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 the City, research, write, and present grant proposals to address City priorities, including service delivery and capital infrastructure improvements, and manage and administer grants, including reporting support and training. The City’s goal is to hire Brooks and Dun Grant Consulting to help the City secure funding for priority projects. Brooks & Dun will assist the city with the following: 1. Funding needs analysis 2. Grant funding research 3. Grant proposal development 4. Grant management and grant administration 5. Grant writing 6. Grant reporting Per Resolution 2021-11 - “Procurement Policies and Procedures Manual”, Section 5.02 Competitive Price Quotes this contract is exempt from competitive quotes. I. Request for approval of Resolution No. 2025-29, Purchasing Policy. Background: Pursuant to the Charter of the City of Deltona and Chapters 119, 218, 255, 287, 413 and 723, Florida Statutes, the City Council adopted the current Purchasing Policy Manual on February 1, 2021, per Resolution No. 2021-11. The proposed Purchasing Manual is a complete rewrite of the current approved policy in 2021. Staff worked extensively with the City Attorney to develop this streamlined policy along with recommendations from the National Institute of Government Purchasing (NIGP), which staff consulted with. This policy applies to the procurement of supplies, services, and construction. The Policy applies to all expenditures of public funds by the City, irrespective of the source. When the procurement involves the expenditure of grant funds, the procurement shall be conducted in accordance with any applicable mandatory laws and regulations of the granting agency, whether or not they are reflected in the applicable mandatory laws and regulations of the granting agency, are whether or not they are reflected in the applicable ordinances or manuals. Nothing in this Manual shall prevent any public agency from complying with the terms and conditions of any grant, gift, or bequest which are otherwise consistent with law. Florida State Statute Chapter 255.065 establishes the mechanism which enables the City of Deltona to adopt and utilize an innovative City of Deltona Page 5 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 procurement process that is provided in this Purchasing Policy Manual. J. Request for approval of Resolution No. 2025-34, declaring certain tangible personal property owned by the City as surplus and authorizing the City Manager to dispose of them. Background: Over time, certain tangible personal property items owned by the City become obsolete or lose their usefulness due to age, usage, upgrade, or damage. Staff regularly compile a list of such items to present to the Commission for approval as required by Florida Statutes. Surplus items are disposed of by the most appropriate available means available. The attached Resolution contains a list of items to be declared surplus and authorizes their disposal. Upon approval of this item authorizes all necessary actions and documents to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. K. Request for approval of Resolution No. 2025-41 to purchase a modular classroom with the approved budget funds. Background: Request approval of Resolution 2025-41 to purchase a modular classroom for use as a classroom for training and as a rehab space at Day Rd in the amount of $38,250 with pricing secured through Suwannee County School District RFP 20-209. Contract pricing and quote are attached. The addition of this portable building will provide a designated training space, enhancing on-site instruction, operational coordination, and overall training efficiency. This expenditure will be funded from the $200,000 approved for training complex enhancements of which $188,300 is available. Remaining budget after this purchase would be $150,050. L. Request for approval of Resolution No. 2025-45 to purchase fire training props with the approved budget funds. Background: Request approval of Resolution 2025-45 to purchase fire training props from Fireblast Global for use at Day Rd in exterior live fire training scenarios. These propane-based fire props will enhance firefighter training by improving fire assault techniques. The total cost of this purchase is $58,995.54, with pricing secured through GSA Contract 47QSWA20D007M. This expenditure will be funded from the $200,000 approved for training complex enhancements. Currently, $188,300 is available; should the portable building purchase be approved, the available balance will be $150,050. Then with approval of this purchase, the remaining budget City of Deltona Page 6 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 will be $91,054.46. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Request for approval of Resolution No. 2025-24, accepting the Final Plat for Phase 1 on the Vineland Reserve RPUD for a 126-lot single-family townhouse subdivision on approximately 20.3-acres of property located east of Peach Creek Drive. Background: The Vineland Reserve RPUD was approved in October 2016 through Ordinance No. 24-2016, with a Development Agreement that outlined three phases, the first of which is designated for townhomes. Phases two and three have already been completed. On September 21, 2023, the Development Review Committee approved the Preliminary Plat for Vineland Reserve Phase 1, allowing the developer to begin installing utilities and roads. The applicant is now requesting approval for the Final Plat to be recorded, enabling the development of 126 townhomes. The Vineland Reserve Final Plat complies with the Code of Ordinances, Comprehensive Plan and Chapter 177, Florida Statutes and should be approved with the conditions noted in the staff report. B. Public Hearing - Request for approval of Ordinance No. 15-2025, establishing Chapter 43 of the City of Deltona Code of Ordinances “Public Camping”, at first reading. Background: The proposed ordinance complies with section 125.0231 Florida Statutes, which made it impermissible, effective October 1, 2024, for counties and municipalities to authorize or otherwise allow public camping or sleeping at public buildings, on public grounds, property or rights-of way, except for very particular circumstances such as for designated recreational uses. Section 125.0231 Florida Statutes placed the obligation on counties and municipalities to avoid violations of the new law and failure to do so subjects those counties and municipalities to civil action by residents of the county, owners of a business located in the city or the Attorney General may enjoin violations of the new law, damages including attorneys’ fees and costs may be imposed, effective January 1, 2025. The proposed ordinance will prohibit individuals from camping or sleeping on public property owned by the City, unless in an area which is specifically designated for recreational camping by the City Violating this ordinance may result in fines and trespass charges. The proposed ordinance also provides a complaint process to be used by residents City of Deltona Page 7 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 of the City, owners of a business located in the city or the attorney General should purported violation occur. This proposed ordinance serves the health, safety, and welfare of the City. C. Public Hearing - Request for approval of Ordinance No. 16-2025, amending Chapter 2, Article IV to update the sections related to the Debt Policy, Budget Policy and the Purchasing Policy, at first reading. Background: The proposed ordinance amends the Code of Ordinances Chapter 2, Article IV, Financial Policies, specifically relating to the debt policy, the submission of the budget and the contents relating to the submission requirements for the annual budget and amendment authority of the overall budget as well as implementation of a purchasing policy. It amends the following: 1. Retitles Article IV from Financial Policies to Finance. 2. Division 1. Debt Policy - Renumbers this section to be consistent with the overall Code of Ordinances. 3. Division 2. Budget. - This is an entirely new section that sets forth a. Process for annual estimates b. Adoption of the annual budget c. Process for amending the annual budget d. Lapse of appropriations at year end 4. Division 3. Purchasing - This is an entirely new section that sets forth a. How purchasing regulations are established b. Moves the local vendor preference from Article X into this section. 5. Article X - Bidding Preference for Local Vendors a. Strikes this section in its entirety and moves this under the Division 3. Purchasing portion of the code. All of the proposed amendments provide for a more efficient debt, budget and appropriations and purchasing process consistent with state law for all of our financial processes. D. Public Hearing - Request for approval of Ordinance No. 18-2025, amending Chapter 68, Article II to update the sections related to Customer Deposits, at first reading. Background: The proposed ordinance amends the Code of Ordinances Chapter 68, Article II, Water and Wastewater Utility Rate Ordinances, specifically relating to customer deposits. City of Deltona Page 8 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 It amends the following within Section 68-58 Customer Deposits: 1. Clarifies that deposits will be held in a non-interest-bearing account. 2. Owner Occupied residential accounts may be returned after thirty-six months if no delinquencies nor disconnections. 3. Tenant Occupied residential accounts are held until the account is closed and any unpaid balance is paid. 4. Commercial Accounts are held until the account is closed and any unpaid balance is paid. 5. Clarifies when additional deposits might be required for utility accounts. All of the proposed amendments provide for a more efficient and financial sustainable process consistent with state law for the handling of our customers utility deposits. E. Public Hearing - Request for approval of Ordinance No. 13-2024, amending the City’s Land Development Code Sections 110-300 to 110-320 of Article III, “Establishment of Classifications and Official Zoning Map” of Chapter 110 “Zoning”, at first reading. Background: The City Commission requested an update to the City’s Land Development Code, specifically concerning zoning. On January 13, 2025, staff held a Commission Workshop to review many of the proposed changes and incorporate the requested updates into the code. The Planning and Zoning Board recommended that the City Commission approve Ordinance No. 13-2024 at their regular meeting on February 19, 2025. F. Public Hearing - Request for approval of Ordinance No. 04-2025, amending the zoning code, Chapter 74 "Administration," to include review procedures, eliminating review durations, and updated public noticing requirements, amending Chapters 75, 106, and 110 by removing procedures regulation in Chapter 74 of the Land Development Code of the City of Deltona, at first reading. Background: Section 163.3174, Florida Statutes requires the local planning agency to review proposed land development regulations and make recommendations to the City Commission as to the consistency of the changes with the adopted Comprehensive Plan. The City Commission has asked for an update to the City’s Land Development Code in 2024. In response, staff has been working on revising the processes in Chapters 74, 75, 106, and 110. The revisions will cover the review and decision-making authority for development applications, the approval of major and minor variances and conditional uses, as well as updating City of Deltona Page 9 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 the public notice section to require neighborhood meetings. G. Public Hearing - Request for approval of Ordinance No. 14-2024, amending Section 110-810, of Article III of Chapter 110 “Zoning”, of the Land Development Code, at first reading. Background: The City Commission asked staff to revise the zoning section of the LDC concerning driveway expansions. Staff has updated the language, corrected spelling errors, and added restrictions and approved surfaces. On February 19, 2024, the Planning and Zoning Board unanimously recommended that the City Commission approve Ordinance No. 14-2024. 9. ACTION ITEMS: A. Consideration of appointments or re-appointments of Four (4) members and four (4) alternates to the Planning and Zoning Board. Background: The terms of four (4) members and (4) alternates of the Planning and Zoning Advisory Board will expire on March 15, 2025. The openings are to be appointed by the Mayor, and the Commissioners of Districts 1, 2, and 5. Members Eric Alexander, Susan Berk, Andrea Cardo, Dr. Allen Pfeffer, and Alternates Tara D’Errico, Lorie Warnicke and Jeffrey Zlatos have expressed that they wish to be re-appointed to the board. The City has also received applications from the following individuals: Elizabeth Chavez, Larry French, Hope George, Christopher Leon, Pat Northey, Omar Otero and Matthew Shaw. 10. CITY ATTORNEY COMMENTS: 11. CITY MANAGER COMMENTS: 12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS: 13. ADJOURNMENT: CONTINUATION OF PUBLIC FORUM *This is only for individuals who submitted a request to speak form during the 6:00 p.m. Public Forum and were not afforded the opportunity to speak. 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 City of Deltona Page 10 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 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. 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. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. 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. City of Deltona Page 11 Printed on 2/27/2025 City Commission Regular Commission Meeting March 3, 2025 City of Deltona Page 12 Printed on 2/27/2025

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