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:

Invocation Presented by District #6 Commissioner.

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:

Approval of minutes of the Regular Commission Meeting of July 1, 2024, as

presented.

N/A

Background:

Attachments:

July 1, 2024 RCM Minutes

5. PRESENTATIONS/AWARDS/REPORTS:

Presentation by Selys Rivera-Reyes - Halifax Health Programs: Hospice,

Traumatic Loss and Children’s Begin Again

Presentation by Halifax Health on three of their programs: Hospice,

Children’s BeginAgain and Traumatic Loss.

Background:

Attachments:

Halifax Health Hospice Grief Counseling Programs Present

FY2022/2023 Annual Audit Presentation: Annual Comprehensive Financial

Report for the Year Ended September 30, 2023

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.

Background:

FY 2023 ACFR FINAL

Attachments:

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.

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.

Background:

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:

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 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.).

Background:

Resolution No. 2024-35

Attachments:

Public Hearing - Resolution No. 2024-30, Establishing the Annual Rate

Resolution - Stormwater Services for FY2024/2025.

Strategic Goal: Fiscal Issues

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. 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.

Resolution No. 2024-30

Attachments:

Stormwater Rate Study Presentation

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 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.

Background:

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.

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.

Resolution No. 2024-31

Attachments:

Solid Waste Assessment Calculations

Public Hearing - Resolution No. 2024-32, Establishing the Annual Rate

Resolution - Streetlighting Services for FY 2024/2025.

Strategic Goal: Fiscal Issues

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. 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.

Resolution No. 2024-32

Attachments:

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

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. The attached Resolution

2024-33 will establish an annual rate of $60.00 per assessed parcel.

Resolution No. 2024-33

Attachments:

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.

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.

Background:

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.

Resolution No. 2024-34

Attachments:

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 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.

Background:

Resolution No 2024-29

Attachments:

Appeal Application 6.5.24

Appeal Appl Owner Letter No OBJ

Appeal Appl Attchmnt A From Appl

Appeal Appl Attchmnt B Photos

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 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.

Background:

Staff Report AROW24-0001

Ordinance No 10-2024

Exhibit A - Legal Description

Maps

Attachments:

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.

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.

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 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.

Background:

CXT Contract 081721 thru 10.15.2025

Timber Ridge

Attachments:

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

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

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

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.

Background:

Proportionate Share Agreement

Attachments:

Exhibit B - Updated Prop. share calcs

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

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.

Background:

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.

Deltona Cvr Ltr

Attachments:

Resolution No. 2024-26

BA2024-049 WW Chemicals - 362

Request approval to increase the existing Purchase Order for General Legal

Services.

Strategic Goal: Internal and External Communication

At the Regular Commission Meeting held on July 1, 2024, the City

Commission approved by consensus that the City Attorney will be paid

for no more than 40 hours a week until the effective date of her

resignation letter, September 30, 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.

Background:

Request for removal of the Mayor and City Commission offices at City Hall.

Strategic Goal: Internal and External Communication

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.

Background:

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