City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Regular Commission Meeting  
City Commission  
Mayor Avila  
Vice Mayor Bradford  
Commissioner Avila-Vazquez  
Commissioner Burbank  
Commissioner Colwell  
Commissioner JodyLee  
Commissioner McCool  
Monday, May 22, 2023  
6:00 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 County 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.  
BUSINESS MEETING - 6:30 PM  
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.  
Proclamation honoring the members of the emergency medical  
services teams who are ready to provide lifesaving care to those in  
need 24 hours a day, seven days a week.  
Background:  
B.  
National Police Week occurs every May to publicly salute the  
Background:  
services of law enforcement in the community and is a time for all  
Americans to pause and reflect on the incredible sacrifices these  
heroes make for us every day. In 2023 National Police Week is May  
14th - 20th  
6. ORDINANCES AND PUBLIC HEARINGS:  
A.  
On February 15, 2010, the Deltona Village Business Planned Unit  
Development (BPUD) was approved via Ordinance No. 21-2009.  
The approved BPUD uses include traditional retail, office, service  
commercial, and also allowed light industrial uses. There were  
Conditional Use options including an allocation of up to 414  
multi-family units. The intensity of the Deltona Village BPUD was  
capped at 900,000 square feet of retail. The 900,000 square-foot  
cap was also extended to a 38-acre parcel (ICC BPUD site) under  
similar ownership located north of Graves Av. and south of the  
I-4/SR 472 eastbound interchange off-ramp. The square-foot cap  
regarding allowed uses such as multifamily  
Background:  
residential was reconciled through an equivalency matrix. The  
equivalency matrix is a tool used to convert densities and intensities  
so the overall intensity cap is not exceeded.  
In 2018, the Deltona Village BPUD (Ordinance No. 10-2018) was  
amended by the City to modify minimum lot width and sizes. In  
addition, the 2018 amendment changed the 414-unit multi-family  
conditional use entitlement to a permitted use within the BPUD.  
In 2021, the City Commission approved a second amendment to the  
Deltona Village BPUD to include an additional 10.3 acres of Deltona  
Retail Holdings, LLC, acquired properties by rezoning into the BPUD  
with no additional intensity/density entitlements.  
To date, Deltona Village has developed the Epic movie theater,  
Race Trac gas station, and a Burger King fast-food restaurant.  
Various site plans have been approved for a Starbucks immediately  
west of Burger King (SP21-0011), a 301 multi-family unit complex  
(currently under construction) for Integra Myst (SP21-0004), and a  
52,800 square-foot Nutty Bavarian light manufacturing facility  
(SP22-0007). Currently under review are site plans for a 2,600  
square-foot Panda Express (SP23-0005), and a 152,000 Store  
Space Self-Storage facility (SP23-0006).  
The current and third requested amendment via Ordinance No.  
04-2023, requests the following:  
1) Amendment to the Overall Development Plan/Master  
Development Plan to increase the number of multi-family unit  
allocation for the BPUD from 414 units to 652 units;  
2) Amendment to the development agreement approved by  
Ordinance No. 21-2009, to update the multi-family unit cap,  
include the 26.57 acres, and to clarify remaining entitlements  
between the landowner and the City; and  
3) Rezone an additional ±26.57 acres of land to be rezoned and  
included within the Deltona Village BPUD.  
On March 15, 2023, the Planning and Zoning Board voted (6 to 1) to  
recommend approval of Ordinance No. 04-2023 by the City  
Commission.  
On April 3, 2023, the City Commission voted (4 to 3) to deny  
Ordinance No. 04-2023, due to concerns with the age of the  
originally approved traffic study (2009) and the requested increase of  
multi-family unit cap for the project (652-unit cap). Concerns  
regarding School Concurrency were also expressed.  
On May 1, 2023, the applicant requested a rehearing of Ordinance  
No. 04-2023 via the motion filed as allowed by Section 110-1005. -  
Rehearing and administrative res judicata. The City Commission  
approved the applicant’s request to rehear the application and  
scheduled for the next available meeting.  
Since the April 3, 2023, City Commission, staff contracted the City’s  
consulting traffic engineer, BCC Engineering. Staff requested BCC  
provide an update to the trip generation impacts and traffic  
equivalency matrix of the 2009 Deltona Village Traffic Impact  
Analysis in comparison to the Institute of Traffic Engineer’s (ITE)  
Manual, 11th and latest edition.­ The attached memo finds that the  
project evaluated under modern trip generation rates would have a  
net total impact of 24,417 average daily trips (ADTs) and 2,271 PM  
Peak Hour Trips as opposed to the originally anticipated 17,808  
ADTs and 1,141 PM Peak Hour Trips at full build-out. However,  
based on the updated traffic equivalency matrix within the memo, the  
Deltona Village BPUD with the existing and proposed developments  
would remain compliant with the originally approved 17,808 ADTs,  
1,141 PM Peak Hour Trips, and 900,000 square feet of retail at this  
time.  
As a method of addressing/accepting the new anticipated impacts  
per the ITE Manual, 11th edition, for the 24,417 ADTs and 2,271 PM  
Peak Hour Trips, staff recommends a new proportionate fair share  
agreement be considered for the difference in transportation  
impacts, in light of this new data.  
For more information please refer to the attached staff report and  
attachments.  
Attachments:  
B.  
The City of Deltona received an application to rezone approximately  
1.76 acres of land located at 2965 Howland Boulevard from  
Business Planned Unit Development (BPUD) to Retail Commercial  
(C-1). The property proposed to be rezoned is currently designated  
as Commercial on the Future Land Use Map (FLUM). The C-1  
rezoning request is consistent with the Commercial Land Use  
category.  
Background:  
In 2001, this parcel was rezoned from County A-3 (Transitional  
Agriculture) to BPUD (Business Planned Unit Development via  
Ordinance No. 06-2001). This rezoning effort produced a BPUD with  
commercial uses (shopping center and out-parcels) and a  
self-storage facility. The self-storage/mini warehouse use (98,000  
square feet) was limited to a predefined tract (now developed as the  
Storaway self-storage center). The self-storage/mini warehouse use  
was transferred to different ownership under a separate parcel. The  
shopping center and out-parcels were never developed.  
In addition to Parcel No. 8109-00-00-0064 (parcel in reference),  
Parcel No. 8109-00-00-0070 was part of Ordinance No. 06-2001.  
This parcel (8109-00-00-0070) was rezoned to C-1 (Neighborhood  
Commercial) in 2003. On January 17, 2023, the City Commission  
adopted Ordinance No. 24-2022, rezoning Parcel No.  
8109-00-00-0070 from C-1 to RPUD and a large portion of Parcel  
No. 8109-00-00-0064 from BPUD to RPUD.  
As has been mentioned, the property fronting on Howland Blvd. was  
earmarked for retail and service commercial uses as part of the 2001  
rezoning to BPUD. The BPUD entitlements have never been utilized  
and the land has not developed in over 20 years.  
The requested C-1 zoning represents a commercial project where  
the intended use is a 6,000-square-foot quality restaurant. This use  
will serve the existing community and the Catalina Pointe RPUD  
(cottages, duplex type units, and townhome buildings) to be located  
south and east of the proposed amendment. A pedestrian trail  
connection will be designed as part of the Catalina Pointe Master  
Development Plan (MDP) to provide a pedestrian connection to the  
restaurant site.  
For more information see the attached staff report and supporting  
documentation.  
On April 19, 2023, the Planning and Zoning Board heard the  
rezoning request. The Board voted unanimously to recommend the  
City Commission approve the rezoning.  
Attachments:  
C.  
Pursuant to Chapter 163.3177(3)(b) F.S., the City Capital  
Improvements Element of the  
Background:  
Comprehensive Plan must be reviewed and updated on an annual  
basis. It is recommended to send the Capital Improvements Element  
(CIE) Report to the Department of Economic Opportunity (DEO)  
when it is adopted by the City Commission each year. Staff has  
reviewed the current capital improvements for the next five years.  
The intent of the review is to ensure compliance with the adopted  
Comprehensive Plan level of service (LOS) standards. This review  
has been accomplished in collaboration with the City’s Finance  
Department, Public Works Department, other City Departments, and  
agencies.  
Please be advised the Five-Year Capital Plan and projects  
description are copied from the City budget approved by the City  
Commission in September of 2022. Therefore, the budgetary  
information cannot be altered or otherwise modified as part of the  
CIE update process.  
On April 19, 2023, the Planning and Zoning Board heard the Capital  
Improvement Element update and related project sheets. The  
Planning and Zoning Board voted unanimously to forward this  
ordinance to the City Commission with a recommendation to approve  
the Capital Improvement Element update and related project sheets.  
For more information see the attached Capital Improvement Element  
update/Level of Service Report and related replacement project  
sheets.  
Attachments:  
7. OLD BUSINESS:  
8. NEW BUSINESS:  
A.  
The property located at 257 Fort Smith Boulevard, Deltona, FL  
32738 and 1197 Acorn Court, Deltona. FL 32725 and 1203 Stillwater  
Avenue, Deltona, FL 32725 were once all originally owned by Mr.  
Brian K Bromagen. May of 2021, Mr. Williamson owner/investor of  
Background:  
MADD Assets, LLC, 1210 SW 2nd Ave., Okeechobee, FL 34974  
purchased the lot located at 257 Fort Smith Boulevard, Deltona, FL  
32738. Mr. Williamson is requesting a partial lien release in order to  
sell the property with a clear title. He purchased the lot from Mr.  
Brian K. Bromagen for $8,000.00 and has an asking price of  
$49,000.00. Mr. Williamson has had two (2) potential purchasers and  
neither deal has come to fruition due to the cross attached liens. This  
lot has cross attached liens incurred by the original seller and liens  
have been recorded since 2014, which were present at the time of  
purchase in 2021.  
Special Magistrate Liens owed for property located at 1197 Acorn  
Court, Deltona, FL 32725. Special Magistrate Liens are related to:  
Improper Parking, Inoperable vehicles and trailers, No Permit for  
accessory structure, too many vehicles, No Permit for a fence,  
Outdoor storage and debris.  
$130,300.00  
Municipal Liens owed for property located at 1197 Acorn Court,  
Deltona, FL 32725.  
Municipal Liens are related to: Lot  
Maintenance, Abate the property of outdoor storage and debris on  
two (2) separate occasions.  
$8,062.73  
Special Magistrate Liens owed for property located at 1203 Stillwater  
Avenue, Deltona, FL 32725. Special Magistrate Liens are related to:  
More than permitted allowed number of vehicles and/or trailers  
parked on the on property.  
$25,500.00  
$163862.73  
This matter was presented before the Special Magistrate hearing on  
April 26, 2023. Special Magistrate recommended that the City  
Commission grant a partial release of lien for 257 Fort Smith  
Boulevard only.  
Attachments:  
B.  
Regarding Cases DEL22-060; DEL22-061 and DEL22-062.  
Background:  
DEL-22-060  
Violation: City of Deltona Ordinance Section 18-5, adopting the latest  
edition of the International Property Maintenance Code, Section  
302.7, which states all accessory structures, including detached  
garages, fences and walls, shall be maintained and kept in good  
repair and sound structural condition.  
The total amount due - 223 days @ $100.00 = $22,300.00  
Staff time and cost into this case is $640.00  
DEL-22-061  
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.  
The total amount due - 227 days @ $100.00 = $22,700.00  
Staff time and cost into this case is $640.00  
DEL-22-062  
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.  
The total amount due is 301 days @ $100.00 = $30.100.00  
Staff time and cost into this case is $640.00  
On April 26, 2023, Real Estate Agent Erich Spivey 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. It  
did take time to come into compliance based on the difficulty of  
finding a contractor to work on and improve, a structure that was  
already built. Based on the finding that the property is in full  
compliance, the Special Magistrate Kristin Eick made a  
recommendation to reduce the fine to $2000.00 for each case file  
and stated it would have to go before the City Commission for the  
decision. (DEL-22-060, DEL-22-061 and DEL-22-062) for a total fine  
of $6,000.00.  
Attachments:  
C.  
The City is an entitlement community and receives funds from the  
State Florida Housing Finance Corporation under the State Housing  
Initiatives Partnership (SHIP) program. The City operates a State  
approved program known as the Disaster Assistance Program. The  
Disaster Assistance program assist residents with insurance  
deductible or home repair assistance that may be required due to a  
disaster event.  
Background:  
The property located at 1785 Tanner Court, is in need of a new Roof,  
and two new HVAC systems, for more information see the attached  
rehabilitation proposal.  
Staff has determined based on income and household size (number  
of people residing in the house) the household is considered “low”  
income. The income thresholds are predicated on area median  
income data derived from the Deltona, Daytona Beach, and Ormond  
Beach Municipal Statistical Area (MSA).  
Finally, the State funds invested in this property will be subject to a  
non-interest-bearing lien with a 5-year life. If the property is sold or  
refinanced within the 5-year timeframe, the City will need to be  
repaid the money invested in the house. However, if the present  
owner stays in the house beyond the 5-year timeframe, the lien is  
forgiven.  
Attachments:  
9. 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.  
10. 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 City utilized ARC Funding to purchase approximately 35,000  
AMR water meters with the remaining funds encumbered for meter  
Background:  
installation.  
Deltona Water Staff have been installing the remote  
read meters in all new subdivisions as well as with new in-fill home  
construction. All existing Deltona Water customers require meter  
replacement, prompting the need to hire a contractor to help facilitate  
this orderly replacement program.  
The City solicited bids for installation of the water meters. The bid  
was broadcast to 1666 companies and there were 32 plan holders  
and 9 supplemental supplies.  
Two (2) bids were received from  
National Metering Services Inc and Vanguard Utility Service, Inc.  
National Metering Services, Inc. total bid is $564,300 and Vanguard  
Utility Service, Inc. bid is $547,515.  
The contract is being presented for an initial 10,000-meter  
installation with a period of performance of two years and may renew  
annually upon satisfactory review of the work and upon agreement  
by both parties.  
Approval of this item 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:  
B.  
This is a Capital Improvement Project that was approved in the FY  
22-23 budget. The Elkcam Boulevard Lift Station is one of several  
Background:  
Master Lift Stations in the City and has a very high volume of flow.  
This permanent by-pass pump will significantly reduce the risk of an  
overflow in the event of a power or internal electrical submersible  
pump failure within the Lift Station.  
Approval of this item 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:  
C.  
Purchasing received four (4) responses to ITB# 23010 for Nuisance  
abatements (lot mowing and property maintenance) for Code  
Compliance Division. Danny Ron, Code Compliance Manager (386)  
878-8702 and Suzette Cameron, Assistant to the City Manager (386)  
878-878-8615. Staff reviewed bids and are recommending the bid be  
awarded to all bidders. This will allow for the Code Compliance  
Division to have coverage of a contractor to call upon should one not  
be available.  
Background:  
Attachments:  
D.  
Staff solicited proposals for RFP#23014 for Contractors for Housing  
and Community Development. Four responses were received. They  
were from  
Background:  
1. A Quick Board Up Service, Inc.  
2. Parthy, LLC,  
3. UDH Contractors, LLC, and  
4. Votum Construction.  
The Selection Committee, made up of Suzette Cameron, Angelia  
Briggs, Damaris Miranda, and Don Hoppa completely reviewed and  
scored the proposals. The Selection Committee then met to discuss  
their scoring of the responses and there was a consensus to  
recommend making award to all four companies and have them bid  
each job against one another.  
Staff recommends approval of staff’s recommendation to award  
RFP#23014 to A Quick Board Up Service, Inc., Parthy, LLC, UDH  
Contractors, LLC, and Votum Construction.  
Attachments:  
E.  
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 compiles 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.  
Background:  
Attachments:  
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:  
12. CITY ATTORNEY COMMENTS:  
13. CITY MANAGER COMMENTS:  
14. CITY COMMISSION COMMENTS:  
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 Clerk, Joyce Raftery 3 business days in  
advance of the meeting date and time at (386) 878-8500.