City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Regular Commission Meeting  
City Commission  
Mayor Avila  
Vice Mayor JodyLee  
Commissioner Avila-Vazquez  
Commissioner Colwell  
Commissioner Heriot  
Commissioner McCool  
Commissioner Shimkus  
Monday, June 3, 2024  
6:30 PM  
Deltona Commission Chambers  
DECORUM POLICY: The City of Deltona has a significant interest in conducting  
orderly and efficient public meetings, which includes preventing disruption,  
promoting civility, and preserving decorum. To that end, behavior which disrupts or  
impedes the efficient and orderly conduct of any public meeting, as determined by  
the Mayor, or presiding officer, or a majority of the City Commission, is not  
permitted. The Mayor, or presiding officer, or a majority of the City Commission, may  
interrupt, warn, or terminate a speaker’s statement when that statement is too  
lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably  
perceived to be a disruption to the fair and orderly progress of the discussion at  
hand. The Mayor, or presiding officer, or a majority of the City Commission, may also  
interrupt any part of the meeting to warn any individual that they are being  
disruptive or otherwise impeding the efficient and orderly conduct of the meeting.  
The Mayor, or presiding officer, or a majority of the City Commission, may require  
any individual to leave a public meeting for its duration if that individual is unable to  
observe this Policy after being warned. Should an individual be required to leave a  
meeting for violating this Policy, that person shall be escorted from Commission  
Chambers by a Volusia Sheriff’s Deputy.  
1. CALL TO ORDER:  
2. ROLL CALL – CITY CLERK:  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
At the Regular City Commission Meeting on Monday, October 17,  
Background:  
2011, the City Commission approved to have each Commissioner by  
District schedule someone to present the invocation at each Regular  
City Commission meeting rotating each Commissioner by District  
starting with District #1, #2, #3, #4, #5, #6 and the Mayor.  
4. APPROVAL OF MINUTES & AGENDA:  
A.  
N/A  
Background:  
Attachments:  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
A Proclamation recognizing the Month of May, 2024 as National Military  
Background:  
Appreciation Month, honoring all branches of our United States Armed  
Forces and the family members that support them.  
B.  
A Proclamation recognizing the Month of May, 2024 as Mental Health  
Background:  
Awareness Month. Mental Health Month is an opportunity to increase  
public understanding of the importance of mental health and to promote  
the identification and treatment of mental health.  
C.  
A proclamation to recognize the month of June as “LGBTQ+ Pride  
Background:  
Month” in the City of Deltona. Deltona is committed to helping create an  
environment where each individual can feel respected, welcomed and  
understood.  
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.  
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  
Background:  
unprecedented impact on the stormwater infrastructure. The City has  
identified a number of projects to begin the process of upgrading and  
improving the stormwater infrastructure that in some areas is nearly 60  
years old. One major project is the Theresa Basin Study, which will  
result in identifying areas of greatest need and projects that can  
improve and enhance the flow of stormwater through the City of  
Deltona. Staff is pursuing every avenue of funding including grants,  
appropriations and similar to help off-set what is anticipated as a $50M  
need for stormwater capital projects and upgrades and improvements.  
Section 54-158 of the Code of Ordinances requires that the City  
Commission adopt an Annual Rate Resolution during its budget  
adoption process for each fiscal year. The initial proceedings for the  
adoption of an Annual Rate Resolution require the adoption of a  
Preliminary Rate Resolution. Attached is the Preliminary Rate  
Resolution for stormwater utility assessments for FY 2024/2025. Staff  
are proposing an annual rate of $170.00 per ERU (Equivalent  
Residential Unit), which will increase by $42.00 or 33% from the current  
annual rate of $128.00 per ERU due to upcoming Stormwater  
improvement capital projects.  
Upon approval of this item, authorizes any and all necessary actions,  
documents or budget transfers to facilitate Commission approval and  
further authorizes the Acting City Manager to sign any documents  
necessary to further Commission approval of this item.  
Attachments:  
B.  
The Solid Waste (Trash) Collection System is based on operational  
Background:  
and capital needs and is funded by fees levied to the property owners  
in the City. Section 54-56 of the Code of Ordinances requires that the  
City Commission adopt an Annual Rate Resolution during its budget  
adoption process for each fiscal year. The initial proceedings for  
adoption of an Annual Rate Resolution require the adoption of a  
Preliminary Rate Resolution.  
The residential solid waste collection rates for FY 2024/2025 have  
been calculated based on the following criteria:  
The Volusia County landfill cost increased as of October 1, 2023.  
The current rate for regular household garbage went from $34.00  
per ton to $37.00 per ton, household yard waste and bulk items  
went from $23.00 per ton to $30.00 per ton.  
The Consumer Price Index is adjusted annually based on the  
Sewer, Water, Trash index of the percentage change from April of  
the previous year to April of the current year.  
The fuel adjustment component is adjusted annually based on the  
change in the average monthly pricing of diesel fuel for the last 12  
months and the current pricing.  
The result of those calculations has a 17.78% decrease in fuel  
component, 11% increase in disposal cost component and a  
5.31% increase in the collection consumer price index component.  
The annual solid waste assessment rate for FY 2024/2025 is proposed  
at $235.42 per Residential Unit, which is increased by $32.62 or  
16.09% from the current fiscal year rate. This is the first rate increase  
the City has implemented in six years, which calculates to a 2.40%  
increase annually.  
Approval of this item authorizes the necessary budget transfers to  
facilitate Commission approval and further authorizes the Interim City  
Manager to sign any documents necessary to further Commission  
approval of this item.  
Attachments:  
C.  
The Streetlighting Services System is based on operational and capital  
needs and is funded by fees levied to the property owners in the City.  
Background:  
Section 54-253 of the Code of Ordinances requires that the City  
Commission adopt an Annual Rate Resolution during its budget  
adoption process for each fiscal year. The proceedings for adoption of  
an Annual Rate Resolution require the adoption of a Preliminary and  
Annual Rate Resolutions. Attached is the Preliminary Annual Rate  
Resolution for street lighting assessments.  
Approval of this item authorizes the necessary budget transfers to  
facilitate Commission approval and further authorizes the Interim City  
Manager to sign any documents necessary to further Commission  
approval.  
Attachments:  
D.  
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.  
Background:  
Section 54-16 of the Code of Ordinances requires that the City  
Commission adopt an Annual Rate Resolution during its budget  
adoption. Attached is the Annual Rate Resolution for Aquatic Weed  
Control Services assessments for the Lake McGarity Special  
Assessment District for FY 2024/2025. Staff is proposing an annual  
rate of $60.00 per assessed parcel.  
Approval of this item authorizes the necessary budget transfers to  
facilitate Commission approval and further authorizes the Interim City  
Manager to sign any documents necessary to further Commission  
approval of this item.  
Attachments:  
E.  
The Nuisance Abatement Assessment was established in 2018 for the  
collection of unpaid costs and expenses incurred by the City for  
Background:  
nuisance and lot clean-up. This is an effort for the City to recoup the  
costs associated with the abatement of the property for clean-up that is  
a nuisance and a threat to public health, safety, and welfare.  
Section 54 of the Code of Ordinances requires that the City  
Commission adopt an Annual Rate Resolution during its budget  
adoption process for each fiscal year. The initial proceedings for the  
adoption of an Annual Rate Resolution require the adoption of a  
Preliminary Rate Resolution. Attached is the Annual Rate Resolution for  
Nuisance Abatement Services for FY 2024/2025. The total outstanding  
and unpaid assessments for the provision of Nuisance Abatement  
Services for FY 2024/2025 is $48,383.01.  
Approval of this item authorizes the necessary budget transfers to  
facilitate Commission approval and further authorizes the Interim City  
Manager to sign any documents necessary to further Commission  
approval of this item.  
Attachments:  
F.  
Under s. 163.3177(3)(b) F.S., the Capital Improvements Element of the  
Comprehensive Plan must be reviewed and updated annually. The  
Capital Improvements Element (CIE) Report is sent to the Department  
of Economic Opportunity (DEO) when it is adopted by the City  
Commission each year. City staff has reviewed the current capital  
improvements for the next five years. The review intends to ensure  
compliance with the adopted level of service (LOS) standards and is  
accomplished in collaboration with the City’s Finance Department,  
Public Works Department, other City Departments, and other agencies.  
Background:  
Please be advised the Five-Year Capital Plan and project descriptions  
are copied from the City budget approved by the City Commission in  
September of 2023. The budgetary information cannot be altered or  
modified as part of the CIE update process.  
Attachments:  
8. OLD BUSINESS:  
9. NEW BUSINESS:  
A.  
Resolution 2021-23 authorized the agreement between State and the  
City of Deltona for the Alexander Avenue Reclaimed Water  
Augmentation Project (aka Lake Monroe Project Phase 4B). The  
project as the Mayor & Commission is aware has been determined to  
be un-constructable. To-date, the City has drawn down on State  
Revolving Fund loan in the amount of $2,586.868, which will need to be  
repaid. This agreement documents the draw down amount as well as  
the Loan Service Fee $51,737 for a total repayment of $2,638,605.  
The City will begin Semiannual Loan Payments in the amount of  
$65,965.13 with the first payment due by February 15, 2025 and  
semiannual thereafter on August 15 and February 15 of each year until  
all amounts due have been fully paid.  
Background:  
The initial loan was approved in the amount of $7,144,000.  
Amendment 1 to the Loan reduced the amount by $1,421,506 for a  
revised loan amount of $5,722,494. Amendment 2 to the Loan  
provided a deferred repayment date due to the project having  
construction difficulties. Amendment 3 memorializes the amount drawn  
down on the loan and the amount due for repayment.  
Attachments:  
B.  
Regarding Cases DEL-22-241 MASSEY  
Background:  
DEL-22-241 MASSEY  
Violation: City of Deltona Ordinance, Section 18-3, adopting the latest  
edition of the Florida Building Code, Section 105.1, which states that  
any owner, authorized agent, who intends to construct, enlarge, alter,  
repair, move, demolish, or change the occupancy of a building or  
structure, or to erect, install, enlarge, alter, repair, remove, convert or  
replace any electrical, gas, mechanical or plumbing system, the  
installation of which is regulated by this code, or to cause any such work  
to be done, shall first make application to the Building Official and  
obtain the required permit.  
Corrective action: You must obtain a permit for the Fence. Applications  
must be submitted to the City of Deltona, 2345 Providence Boulevard,  
Deltona, FL 32725. The structure must meet all requirements of city  
ordinance and be approved on final inspection. Contact our office with  
the permit number when obtained.  
The total amount due - $40,050.00  
Staff time and cost into this case is $1,300.00  
On April 24, 2024 Representative from SFR JV-HD Property LLC,  
appeared before the Special Magistrate to request a recommendation  
to reduce the fine. Ms. Eick stated she was in favor of a reduction in this  
case. For not acquiring a permit for the fence. Based on the finding that  
the property is in full compliance, the Special Magistrate Kristin Eick  
made a recommendation to reduce the fine to $5,000.00, and she  
stated the case would be required to go before the City Commission,  
for the final decision of lien reduction. (DEL-22-241 MASSEY) for a  
total fine of $5,000.00 from amount due of $40,050.00.  
Attachments:  
10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and  
concerns on the Consent Agenda item(s). Please complete a public participation slip  
and indicate in the subject line the issue you wish to address. Members of the City  
Commission shall not enter into discussion or respond to individuals' comments  
during the public forum other than to give directions or to ask for clarification.  
Please be courteous and respectful of the views of others. Personal attacks on  
Commission members, City staff or members of the public are not allowed, and will  
be ruled out of order by the Mayor.  
11. CONSENT AGENDA: The Consent Agenda contains items that have been  
determined to be routine and non-controversial. If discussion is desired by any  
member of the City Commission, that item must be removed from the Consent  
Agenda and considered separately. All other matters included under the Consent  
Agenda will be approved by one motion. Citizens with concerns should address  
those concerns by filling out a public participation slip and giving it to the Deputy  
City Clerk prior to Consent Agenda items being pulled.  
A.  
The Fire Department budgeted in FY23/24 to replace the roof at Fire  
Station 62. This roof was inspected and declared to need replacing  
prior to causing damage within the station.  
Background:  
Staff solicited bids for a new roof at Station 62. Eight bids were  
received. The low bid was received from Rogers Roofing Corp. dba  
Professional Roof Systems for a total cost of $29,393.00 plus $3.50  
per sq. ft. for any decking that needs replaced but is unable to comply  
with all the necessary requirements listed in the scope of work.  
Therefore, the 2nd lowest bidder is Spires Roofing at a total cost of  
$30,780 plus $6.50 per sq. ft. for any decking that needs replaced.  
There is $75,000 budgeted for this project.  
B.  
The City of Deltona has contracted with Halifax Humane Society for  
animal services since 1998. The approval of the contract extension  
FY22/23 good through September 30, 2024.The annual agreement for  
2024-2025 fiscal year will provide services for animal shelter, return to  
field, and trap, neuter, and return, rabies quarantine, confiscated  
animals, dangerous dogs, and additional services for staff support and  
forensic calls veterinarian support.  
Background:  
Attachments:  
C.  
Pegasus Engineering is one of three firms, providing general  
stormwater engineering services to the City of Deltona, on a continuous  
basis, through September 30, 2024, as selected by a RFQ process.  
This contract with Pegasus Engineering can be extended until  
September 2025, should the City determine that is in our best interest.  
Background:  
The City requires the use of firms such as Pegasus Engineering to help  
with review of projects to ensure the highest quality of analysis to  
protect the citizens, residents and City. Currently, the City is without key  
personnel including but not limited to the City Engineer and Assistant  
City Engineer that has resulted in the need for outside professional  
services to provide continuity of services.  
Attachments:  
D.  
Staff requested proposals from interested third parties to manage and  
market the City’s properties as sites for commercial wireless facilities  
and to manage all current cell tower leases. The City currently has 10  
cell tower leases at 3 sites, and its current tower management contract  
will expire soon. The services are described on the attached scope of  
work. The agreement provides that the Consultant will receive 10% of  
the rent collected on existing leases and 25% of any newly generated  
rent. There will be an application review fee of $6000 per site paid by  
the applicant to obtain information needed to perform Site Leasing and  
Management and Third-Party Expert Application Review. These  
services include:  
Background:  
·
·
·
Tower structural and loading audit using drone for capture of  
photographs and video of tower and appurtenances.  
Review and copying of all lease documents and  
correspondence on file with the City.  
Review and copying of all applicant file documents including  
previous Structural Analysis Reports, geotechnical reports,  
construction documents, NEPA documents, and any other file  
information available.  
·
Review of FAA/FCC filings and compliance.  
It is anticipated that the cost for these services will be approximately  
$35,000 per year for the consultant’s share of tower rent. Application  
review fee will be $6000 per site paid by the applicant.  
Neel-Schaffer was one of five firms to respond to the RFP and  
consensus was made by the Selection Committee to recommend  
award to Nee-Schaffer. The approval of award authorizes the  
necessary budget transfers to facilitate Commission approval and  
further authorizes the City Manager to sign any documents necessary to  
further Commission approval of this item.  
Attachments:  
E.  
On Monday, April 15, 2024, at approximately 1:30PM the water main at  
the intersection of Deltona Boulevard and Normandy Boulevard  
separated in a section of AC pipe that reduces from 10 inches to 8  
inches and was originally installed in 1963. This area is central to 3  
separate water plants, so when the main break occurred, pressure  
remained steadily above 70 PSI washing out a large section, 30 feet in  
diameter, of roadway and lifting 2 lanes of roadway over 4 inches for  
100 Linear Feet. The section of roadway was shut down for safety  
concerns. The water main was isolated, and repairs were made the  
same day. P&S paving was brought in as they are an approved paving  
contractor to assess the roadway for repairs. It was determined that the  
entire intersection along with the 2 lanes of 100 Linear Feet of roadway  
needed structural repairs of roadbase, all lanes needed to be milled  
and resurfaced, new striping, and traffic loops would need to be  
reinstalled as well. P&S Paving provided a quote for approximately 150  
Linear Feet of repairs with the understanding that actual quantities  
would be invoiced. Actual quantities used was 155.71 LF of base and  
180.70 LF of surface asphalt. Once the paving was completed Volusia  
County Traffic Operations was contacted to re-install the traffic loops.  
Traffic loop installation was quoted at $17,460.54.  
Background:  
Attachments:  
F.  
The playground at Wes Crile is approximately 17 years old, is out of  
warranty and has reached the end of its useful life. The discounted  
pricing is based off of the Sourcewell cooperative purchasing contract  
#010521 was approved through the budget process. This is a part of  
our continuing efforts to modernize and upgrade our playground spaces  
to include ADA accessibility and inclusivity that was started in 2016.  
The budgeted amount for this project is $350,000 dollars.  
Background:  
Attachments:  
G.  
The playground at Tom Hoffman is approximately 18 years old, is out of  
warranty and has reached the end of its useful life. Th discounted  
pricing is based off of the Volusia County School Board contract  
#MTS-906BC and replaces the current playground with an ADA  
accessible and inclusive playground was approved through the budget  
process. This is a part of our continuing efforts to modernize and  
upgrade our playground spaces to include ADA accessibility and  
inclusivity that was started in 2016. The budgeted amount for this  
project is $250,000 dollars.  
Background:  
Attachments:  
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:  
13. CITY ATTORNEY COMMENTS:  
14. CITY MANAGER COMMENTS:  
15. CITY COMMISSION COMMENTS:  
16. ADJOURNMENT:  
NOTE: If any person decides to appeal any decision made by the City Commission  
with respect to any matter considered at this meeting or hearing, he/she will need  
a record of the proceedings, and for such purpose he/she may need to ensure that  
a verbatim record of the proceedings is made, which record includes the testimony  
and evidence upon which the appeal is to be based (F.S. 286.0105).  
Individuals with disabilities needing assistance to participate in any of these  
proceedings should contact the City Manager in writing at  
CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd.,  
Deltona, FL 32725 at least 48 hours prior to the meeting at which the person  
wishes to attend. The City is not permitted to provide the use of human physical  
assistance to physically handicapped persons in lieu of the construction or use of  
ramps or other mechanical devices in order to comply with Florida law. If proper  
accommodations for handicapped access cannot be made at a particular public  
meeting venue pursuant to a timely written request under Section 286.26 F.S., the  
City Manager shall change the venue of that meeting to a location where those  
accommodations can be provided.