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 20, 2024

6:30 PM

Deltona Commission Chambers

CANCELED DUE TO LACK OF QUORUM

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 #2 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 Special Commission Meeting of May 2, 2024, the

Regular Commission Meeting & Executive Session of May 6, 2024, as

presented. - Joyce Raftery, City Clerk (386) 878-8502.

N/A

Background:

Attachments:

May 2, 2024 SCM Minutes

May 6, 2024 Exe. Session Minutes

May 6, 2024 RCM Minutes

5. PRESENTATIONS/AWARDS/REPORTS:

Proclamation - National Military Appreciation Month

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.

Proclamation - Mental Health Awareness Month

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.

Proclamation - Emergency Medical Services Week - May 19-25, 2024

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. May 19-25, 2024 marks the

50th anniversary of EMS week and this year's theme is “EMS” Week:

Honoring our Past. Forging our Future.”

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: Ordinance No. 05-2024, amending the Comprehensive Plan of

the City of Deltona, by amending the Capital Improvements Element providing

for the replacement of the Capital Improvement Project Five-Year Schedule. -

Planning & Development Services (386) 878-8600.

Strategic Goal: Economic Development

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.

Ordinance No. 05-2024

CIE Report

Attachments:

LOS VCSB Chart 1

LOS VCSB Chart 2

CIE 2023-2024 Presentation CC

8. OLD BUSINESS:

9. NEW BUSINESS:

Request for approval of award of RFP#24019 Cell Tower Manager and

Agreement for Neel -Schaffer, Inc. - Glenn Whitcomb, Acting City Manager

(386) 878-8850.

Strategic Goal: Infrastructure

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

Background:

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:

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.

Cell Tower Manager

Agreement-Cell Tower Manager

Exhibit A

Attachments:

Consideration for a reduction in the fine of $40,050.00 assessed pursuant to

Special Magistrate Cases DEL-22-241 MASSEY. Representation from SFR

JV-HD PROPERTY LLC, was present regarding 541 Battersea Avenue,

Deltona, FL 32738 - Danny Ron, Code Compliance Manager (386) 878-8702.

Strategic Goal: Effective Governance and Productive Government

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.

Special Magistrate Request for Reduction Submittal DEL-2

Recorded Special Magistrate Order - DEL-22-241 MASSEY

Case File - DEL-22-241 MASSEY

Attachments:

Request for Approval of Halifax Humane Society, Inc. Agreement for animal

services. Danny Ron, Code Compliance Manager (386) 878-8702.

Strategic Goal: Public Safety

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:

Halifax Humane Society 2024-2025

Attachments:

May 7, 2024 Halifax Humane Society Letter

October 26, 2023 Email via Halifax Humane Society

Request approval of the Task Authorization between the City of Deltona &

Pegasus Engineering for Continuing On-Call Engineering Services related to

stormwater management in the amount not to exceed $150,000 - Phyllis

Wallace, Interim Public Works Director 386/878-8965

Strategic Goal: Infrastructure

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.

FY 2024 Stormwater Eng Services

Attachments:

PEGASUS - FY 2023-2024 - Fully Executed - Renewal For

Request approval for Payment of Emergency Water Main Repairs at the

intersection of Deltona Blvd and Normandy Blvd to P&S Paving ($81,035.37)

and Volusia County ($17,460.54); in a total amount not to exceed $98,495.91 -

Phyllis Wallace, Interim Public Works Director (386) 878-8965.

Strategic Goal: Infrastructure

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:

Deltona Blvd & Normandy Blvd Emergency Purchase Expla

Deltona Blvd & Normandy, 4.24.24

Attachments:

PR#01 Deltona WM Asphalt Repair

Request approval for State Revolving Fund - Amendment 3 to Loan Agreement

WW641860 with the Florida Department of Environmental Protection, specific

to the Alexander Avenue Reclaimed Water Augmentation Project (aka Lake

Monroe Project Phase 4B) in the amount of $2,638,605- Phyllis Wallace,

Interim Public Works Director (386) 878-8965.

Strategic Goal: Infrastructure

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.

SRF Amendment 3 to Loan Agreement WW641860

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.