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, May 6, 2024  
6:30 PM  
Deltona Commission Chambers  
1. CALL TO ORDER:  
2. ROLL CALL – CITY CLERK:  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
Invocation Presented by District #1 Commissioner.  
Honoring Veteran - Jim Pescha  
At the Regular City Commission Meeting on Monday, October 17,  
2011, the City Commission approved to have each Commissioner by  
Background:  
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.  
Approval of minutes of the Regular Commission Meeting of April 15, 2024, and  
the Special Commission Meetings of April 13th & 29th, 2024, as presented. -  
Joyce Raftery, City Clerk (386) 878-8502.  
N/A  
Background:  
Attachments:  
April 13, 2024 SCM Minutes  
April 15, 2024 RCM Minutes  
April 29, 2024 SCM Minutes  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
Super Star Student of the Month Certificates April 2024  
Super Star Student of the Month Awards for April 2024 will be  
presented to:  
Background:  
1. Deltona Lakes Elementary, Ryan Travis, 5th Grade  
2. Discovery Elementary, Vincent Davalos, 5th Grade  
3. Forest Lake Elementary, Anthony Osborne, Kindergarten  
4. Pride Elementary, Cooper Taylor, 5th Grade  
5. Sunrise Elementary, Aranxza Aguirre, 2nd Grade  
6. Timbercrest Elementary, Nolan Lundquist, 4th Grade  
7. Volusia Pines Elementary, Desiree Spence, 5th Grade  
8. Deltona Middle, Sincere McKiver, 6th Grade & Nikki Lin, 8th  
Grade  
9. Galaxy Middle, Lilly Downs, 8th Grade  
10. Heritage Middle, Victor Lebron, 8th Grade  
11. Deltona High, Rosalie Jeffrey, 11th Grade  
12. Pine Ridge, Dominic Rosado, 11th Grade  
B.  
Presentation- WVHA Health Card Program  
Commissioner Judy Craig & Commissioner Donna Pepin  
Administrator-Stacy Tebo  
WVHA Health Card Program information for eligible neighbors in  
West Volusia County.  
Background:  
Attachments:  
WVHA Presentation  
C.  
D.  
Proclamation - National Nurses Week  
The week of May 6th through May 12th, 2024 has been declared as  
Background:  
National Nurses Week, in celebration of the ways in which registered  
nurses advocate for high-quality patient care and to map out the way  
to improve our health care system.  
Proclamation - National Police Week  
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 2024 National Police Week is May  
12th -18th.  
E.  
F.  
Proclamation- National Safe Boating Week  
National Safe Boating Week is observed to bring attention to  
Background:  
important life-saving tips for recreational boaters so that they can  
have a safer, more fun experience out on the water throughout the  
year.  
Proclamation - Professional Municipal Clerks Week  
A proclamation to recognize the week of May 5th through May 11th,  
2024 as Professional Municipal Clerks Week to extend our  
Background:  
appreciation to our Municipal Clerk, Deputy City Clerk, and staff for  
the vital services that they perform and their exemplary dedication to  
the City of Deltona.  
G.  
Proclamation - Teacher Appreciation Week  
Proclaiming the week of May 6th through May 10th, 2024 as  
“Teacher Appreciation Week”, to recognize Volusia County  
Teachers, supporting staff, and administrators who help build our  
future by educating our children.  
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:  
A.  
Public Hearing - Ordinance No. 03-2024- Amending the official Zoning Map to  
Rezone an approximately 1.37 - acre parcel of land located at 3150 Howland  
Boulevard from Professional Business Zoning District (PB) to the City of  
Deltona Retail Commercial District (C-1). - Planning & Development Services  
(386) 878-8600.  
Strategic Goal: Economic Development  
The City received an application to rezone a ±1.37-acre parcel  
located at 3150 Howland Boulevard, from PB to C-1. The Future  
Land Use Designation is Commercial, which is consistent with the  
request. The parcel is currently wooded, vacant parcel between two  
development parcels, a House of Worship and Dunkin Donuts.  
Background:  
This application came before the City Commission on August 26,  
2023. The Commission voted to send the rezone back to the  
Planning and Zoning Board to allow the applicant to work through  
some issues and supply sufficient information regarding an end user.  
On December 13, 2023, the Planning and Zoning Board  
unanimously recommended approval. On January 16, 2024, the City  
Commission voted 2-3 for approval, causing the Ordinance to fail.  
On January 29, 2024, the applicant requested a rehearing, and on  
February 9, 2024, the Commission voted to allow the applicant to  
bring the application back with a 4 to 2 vote. The Commission voted  
to approved the application at the first rehearing on March 25, 2024.  
The applicant is requesting to build a + 5,000 square foot Take 5 Oil  
Change and a + 5,000 square foot retail building. The applicant has  
provided Exhibit B, prohibited uses to ensure certain uses cannot go  
into this location. The preliminary Site Plan has been provided for  
review. The Site Plan illustrates a cross access with the Dunkin  
Donuts and internal circulation. It’s important to note that the  
application will come back before the City Commission because an  
Oil Change requires a Conditional Use application within the C-1  
zoning. The applicant will be required to do a Traffic Study during the  
Conditional Use process for approval.  
Staff has reviewed the rezoning application using the Land  
Development Code Section 110-1011 for consistency with the  
Comprehensive Plan, environmental requirements, traffic  
concurrency, and public health, safety, and welfare.  
3150 Howland Rezoning Staff Report _  
Ordinance 03-2024  
Attachments:  
Legal Description 3150 Howland  
Exhibit B - Prohibited Uses_  
3150 Howland Blvd_Combined Maps  
3150 Howland Blvd. Site Layout  
Ordinance No. 03-2024 - PowerPoint  
B.  
Public Hearing - Ordinance 06-2024 Rescinding Ordinance No. 10-2007 in its  
entirety; Ordinance No.05-2009 previously replaced most of the provisions  
found in Ordinance No. 10-2007; The remaining provisions in Ordinance  
No.10-2007 have been added to Ordinance 06-2024 or have been pre-empted  
by new Florida Regulations passed in 2023 and found in Statutes 559.955  
Home Businesses, at second and final - Marsha Segal-George, Legal (386)  
878-8872.  
Strategic Goal: Internal/External Communications  
The Fire Marshal, Sharon Shivers, met with the City Attorney to  
discuss 2 ordinances Ordinance No. 10-2007 and Ordinance No.  
05-2009 in the Code that provided duplication and an unclear  
narrative. There were also important references to the definition of a  
Business Tax Receipt. Lastly, Florida State law had pre-empted  
regulations contained in Ordinance No.10-2007 as to regulations  
requiring a home inspection for a home business. In order to clear up  
these issues the City Attorney prepared Ordinance No. 06-2024.  
Background:  
Ordinance No. 06-2024  
Legal Advertisement  
Attachments:  
8. OLD BUSINESS:  
A.  
Request for approval of an increase in the amount awarded from the William S.  
Harvey Deltona Scholarship Advisory Board (WSHDSB) - Joyce Raftery, City  
Clerk’s Department (386) 878-8502.  
Strategic Goal: Internal and External Communication.  
On April 1, 2024, the Commission tabled this item and requested  
that staff investigate the requests coming before them last year  
and the Commission is correct. As stated the Commission did in  
fact approve both requests on April 3, 2023. However, during the  
budget process the amount was decreased to $25,000 by the City  
Manager at the time but, staff is unaware of the reason for the  
decrease.  
Background:  
To provide some history about the board, on November 5, 2007,  
the Commission approved the scholarship program and to allocate  
the funds from recycling to fund the program. However, on  
January 7, 2019, the Commission temporarily suspended the  
recycling program until the recycling market improved with an  
effective date of February 1, 2019. As a side note, the reason the  
City suspended its recycling program was because only a tiny  
percentage of waste was actually able to be recycled, resulting in  
most materials going to landfills, a waste of thousands of hauling  
miles and gallons of fuel.  
As previously stated, the board met on March 14, 2024, and is  
requesting to increase future scholarship funds from $25,000 to  
$50,000. This same request was made by the board in 2023 to  
increase the funds from $30,000 to $50,000 and the Commission  
at that time agreed. However, in 2024 due to budget constraints,  
the scholarship was lowered to $25,000 which is $5,000 less than  
previous years. If the Commission is not in agreement with the  
$50,000, the board requests that the amount go back to the  
$30,000 which was the agreed upon amount since 2016.  
If the Commission would approve the increase to $50,000 the  
second request is to change future packet contents to reflect the  
award range of no more than $5,000 (up from $3,000) and no less  
than $1,000 to qualified applicants.  
2024 WSHDS Application Packet  
Attachments:  
9. NEW BUSINESS:  
A.  
Consideration of an appointment to the Planning and Zoning Board - Joyce  
Raftery, City Clerk (386) 878-8502.  
Strategic Goal: Internal and external communication.  
On February 19, 2024, Stony Sixma, Commissioner Colwell’s  
Background:  
appointment to the Planning and Zoning board resigned.  
Commissioner Colwell’s new appointment will serve for the  
remainder of a term to expire March 15. 2024.  
Keep in mind that if an Alternate Member is appointed, then the City  
Commission would need to appoint a new Alternate Member.  
To date the City has received applications form the following  
individuals: Alternates Andrea Cardo, Tara D’Errico, Timothy  
Blodgett, Brandon Williams, and Jeffrey Zlatos.  
P&Z Board Code of Ordinances  
Planning and Zoning Member List  
Alternate Andrea Cardo  
Attachments:  
Alternate Tara Derrico  
Timothy Blodgett - Application.pdf  
Brandon Williams - Application.pdf  
Jeffrey Zlatos - Application.pdf  
B.  
Request approval for Payment of Emergency Water Main Repairs at Beaver  
Drive Water Plant to Danus Utilities, Inc. located in Sanford, Florida, in an  
amount not to exceed $42,385.00 - Phyllis Wallace, Interim Public Works  
Director (386) 878-8965.  
Strategic Goal: Infrastructure  
On March 27, 2024, the 36 inch water main that exits the Beaver  
Drive water plant began leaking underground, staff excavated to  
determine the cause of the leak but due to the depth of the leak it  
was determined that the leak was beyond the safe depth for staff  
excavation due to trenching and shoring requirements. FDEP and  
DOH was notified and the plant was isolated via valves so that there  
would not be any customer outages or boil water notices. Danus  
Utilities was brought in to make the needed repairs. The work  
involved concrete removal, excavation, trenching and shoring,  
dewatering, removal of 36-inch pipe and mechanical joints and  
installation of mechanical joint mega lugs with restraints as well as  
restoration of entire site with concrete driveway restoration. The leak  
was determined to be from a hole in the gasket at the mechanical  
joint created over time. Completion of this was crucial as 700 homes  
would have been without service had this leak burst as well as all of  
the road repairs from undermining from a main break.  
Background:  
Beaver Water Main Repair Emergency PO Explanation  
Beaver Water Main Repair Quote Danus  
Attachments:  
C.  
Request approval of the State Funded Grant Agreement between the City of  
Deltona & the State of Florida Department of Transportation for the Elkcam  
Boulevard Roadway Elevation project - Phyllis Wallace, Interim Public Works  
Director 386/878-8965  
Strategic Goal: Infrastructure  
During Hurricanes Ian & Nicole (2022) Elkcam Boulevard was  
Background:  
overtaken by stormwater and required an extended roadway closure.  
This closure severely impacted emergency services; the ability of  
residents to traverse east & west; delivery of commodities to  
businesses; and created extreme frustration for the traveling public.  
The road closure resulted in expenses of staffing, equipment and  
monitoring of the roadway closure, thus taking critical resources  
away from recovery activities.  
The City pursued appropriation funding from the State of Florida and  
was awarded $400,000 to be used/leveraged with the City’s Hazard  
Mitigation Grant Application with the Florida Division of Emergency  
Management (FDEM) for elevation of Elkcam Boulevard in two  
locations. This funding will be used for the  
Engineering/Design/Permitting process of the project. The optimum  
outcome is that the FDEM will find our project cost beneficial, and we  
can proceed with engineering, design & permitting.  
453208-1-34-01 (FY24) - SFGA - Elkcam Blvd  
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.  
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.