City Commission on 2025-08-18 6:30 PM - Aug 18, 2025

At this time, we're going to go ahead and call this regular commission meeting for Monday, August 18, 2025 to order. If I can please have the city clerk call the roll. Commissioner Villalasquez. Commissioner Caldwell. Commissioner Harington. Commissioner Lilley. Commissioner Santiago. Vice Mayor Harriot. Here. Mayor Avila. All right. And if I can please have Commissioner Santiago lead us in the invocation, the pledge, and the presentation. Turn on your mic. And at this time, if I can have pastors Roberto and Ida Colon from Iglesia de Dios El Faro to do the invocation, please. If you can please press on the mic so I can turn the mic on. The button on the bottom. That was our bow our heads. Eternal God, we first of all thank you for this opportunity, Lord, that you've given us to be here to deal with things about the city of Deltona. Father, we present to you and we pray over the authorities, the mayor, the commissioners, police department, firefighters, et cetera. Father God, that you may protect them as they do their daily tasks. I ask you, Father God, that you may guide their thoughts, their decisions, that it may be divine directly from your throne. We ask for peace and safety in the city of Deltona. That you may take and embrace each and every family. Protect the children, Father God, in each and every day of their school. We ask for health of the community, Father God, that you may keep everyone safe, healthy, Father God, and above all, that they may have their finances needed to survive in this world. We ask for unity, for love among each and every one of the citizens of Deltona. The academy, Father God, that businesses may prosper. That each and every one that invests in the city may see, Father God, prosperity. We pray over the needy, the homeless, the migrant, the orphans, the widows. Everyone that needs, Father God, that helping hand. And above all, we pray for the churches in the community, Lord, that you may give them an awakening for them to come and serve, to unite with the city, Father God, to do righteous among your people. We thank you, Father, in the name of Jesus. Amen and amen. And at this time, if you can join me, the commission can join me on the floor to honor a veteran. Thank you. Can you hear me? No? Okay. At this time, if I could have Mr. Joseph Griffin come up. Mr. Joseph Griffin, Jr., proudly served as a member of the United States Army from October 2009 until October 2020. His service included missions such as OEF 1314 in Afghanistan. OEF stands for Operation Enduring Freedom, as well as private missions in the Middle East in 2015 and 2016, which were classified. As a combat medic, nurse, military police, with a top-secret security clearance, Joseph flew through the ranks of Achieving Staff Sergeant E6 by the age of 25. In 2020, Joseph received an honorable discharge from the United States Army. In 2020, having received over 20 medals and countless awards throughout his military career. In recognition of your dedicated service, your sacrifice and commitment, deep gratitude is extended for your contributions in defending and protecting our nation. Thank you for your service. We'll take a picture, please. All right. This time, we're going to go ahead and move to additions and deletions, right? Presentations. If I can please have Public Works Utilities Update on Status and Resolution of Lakeshore Bee Project. And Mr. Parrish, just push on the button, and I'll activate your mic. Good evening. Jim Parrish, Deputy Utility Director. Tonight, I wanted to give an update for our restoration efforts for the Lakeshore Boat Ramp. It's been quite a long time since we've, you know, had any substantial update on this project. So we wanted to bring you up to date on where we are, what our efforts have been, and where we see the project going. We've had quite a few meetings over the last year with our partners, our consulting engineering firms, as well as with the St. John's Water Management District about the proper methods that need to happen in order to restore this boat ramp. So even though we haven't seen that there's been a lot of progress, we have been working towards getting an agreeable solution to how we can get this so that we can begin to enjoy it again as residents of the city. So what I want to do is I want to take you through this with our engineer of record on the project that we're going to be using for it, Brad Blaze, through Mead and Hunt. He's going to take you through some of the particulars of what we're planning to do and some of the timelines that we have in order to get this project completed. So it is going to be a little bit more time before we get the boat ramp restored. So I wanted to, for those that aren't aware, that want to use it, are wanting to have somewhere where they can launch their boats at, just for purposes so that people know where their alternatives are, I included a slide that shows that if they're not able to use this ramp, that we do have Mariner's Cove, which is about a mile down the road, about a three-minute drive, or we can utilize two ramps that are right next to I-4, one being the Lake Monroe Park, which is about 7 miles away, 7.7 miles away, and about a 15-minute drive or 13-minute drive. And then you've got the one on the Seminole County side, which is Lake Monroe Wayside Park, which is about 7.5 miles, another, like I said, 13-minute drive away from the ramp. So there are some options for our boaters that live in the area if someone's not aware of where they may be located at. So at this time, I want to turn it over to Mr. Blaze, and he can walk you through some of the other information that we have, and then we'll have some discussion after the presentation. Good evening, Brad Blaze with Meaden Hunt. I'd like to just kind of go over a little bit of background. Obviously, we have an image here of the condition of the site and its current state, and then we have basically a figure that depicts what we're proposing to do to restore the site, and then we have a schedule that describes what the time frames would look like for the design, the permitting, the bidding, the receipt of bids, and construction. So essentially, if you're looking at the site as it's shown, you can see the floating docks, which are adjacent to the boat ramp. You can see the first layer of a row of sheet piling on the perimeter. I don't know if we have a pointer here, possibly. Is that here? Perfect. Okay. So that is the floating docks that are currently just stacked up adjacent to the ramp. You have all of this is backfilled, so that's the first row of sheet piles there. Then this is that inner row of deep sheet piling where the excavation is with the artesian conditions within that. And so what we're proposing to do is – this is a little off-center, but regardless, the existing outer sheet pile will all be removed. This existing area here would be filled with engineered backfill material. So essentially, we've already worked with a geologist to basically identify what can be done to basically ballast those artesian conditions. And then we're working with a geotechnical engineer at this time to identify the types of materials and the engineered backfill process so that we can basically ballast that artesian condition so that we can restore the site to its previous condition. This existing sheet piling that's in there is deep steel sheet piling, so we would propose that to remain in place. Above that, we will construct a new concrete cap. That concrete cap would essentially match the elevation of the existing boat ramp walls. The areas behind the outer row of sheet pile would be excavated and restored back to pre-construction conditions, so it would be revegetated to essentially match what is on the opposite side of the boat ramp itself. Upon completing that work, we would reinstall the floating docks, construct the sidewalk on this side to basically access the boat ramp and the floating docks. And then we would also propose to rehabilitate the boat ramp, and that would essentially consist of removing some of the existing portions of the boat ramp that are damaged and coming in with pre-cast materials. And the pre-cast mats would be constructed to basically restore the boat ramp itself. So any questions about the methodology that we're looking at implementing here? So before we go to you, Vice Mayor, out of courtesy for the commissioner and the district, Commissioner Villal-Vasquez, do you have any questions at this time? No, I'm still trying to figure this out. Is this a current picture of what it looks like now? That right there is the existing conditions. And what we have identified in the proposed conditions essentially is the construct, utilizing the existing steel sheet piling to construct a new concrete cap that would retain the new material that's going back in there. So essentially, when we're complete, you would have an accessible, usable site, and then we can address what's going to be done in the future for the next phase. So at this time, upon completion of this, it would be restored so that it can be utilized by the public. Vice Mayor, Harriet? Thank you for the presentation so far. This is phenomenal. I appreciate the diagram and the explanation. When the rehabilitation of the boat ramp commences, would there be an opportunity to widen the boat ramp to allow for two lanes versus this current single lane? That would be – that's not currently proposed. Right now, you've got an existing retaining wall on either side of the boat ramp. So the plan at this point would be to match and utilize the existing retaining walls as currently configured. Glenn Whitcomb, Public Works Director. We are going to come back in. We're looking at it. We've been working with Doc on expanding the boat ramp. What we're trying to do now is to get what we've got back open again as soon as we can. We are looking at the other side of the boat ramp to go in and do additional work there for a new boat ramp. All right. I just want to make sure that we're looking at the most cost-effective method, and if it's – if we're putting in the precast ramp, then it seems like it would at least make more sense to look at what it would cost to put a double in instead of a single at the same time. If you went to put a double in now, you'd have to redo that whole other seawall. The plan is to go back in and make a double lane later, so then in essence you may have three lanes depending on what the plan comes up to. I understand. Thank you for that explanation. Commissioner Lully and then Commissioner Santiago. Thank you, Mayor. When you use the term accessible, does that mean that all the features that will be restored will be ADA accessible, ADA compliant? We would not be changing the accessibility going forward above and beyond what it was prior to us starting in. And as far as all of the criteria that would be needed, you know, when you do have the floating docks, you do have a hinge portion that goes from the concrete section on the retaining wall, and there's a hinge section that goes to the actual ramp, and then the floating dock is going to move. Now, as far as being able to maintain a constant 112 on that hinge section, I really would have to do some investigation to determine if that's able to be done in meeting those handicap accessibility requirements because it is going to move. Okay. I think I would like information from our staff about what features of this might be ADA compliant and accessible in general, and, you know, we can maybe identify future opportunities in that next project to maybe improve it further. And then I'll just get my part two real quick. Unless, did you want to see? I just wanted to let you know that we will definitely look into that, and we'll get all of the features and find out what the status was beforehand. You know, whenever we put concrete back, we make sure that sidewalks and so forth are always ADA compliant with the width and so forth. So we'll definitely get that information for you, Commissioner. Cool. Thank you. Appreciate that. Has St. John's reviewed any of this yet? Do we know if they're going to sign off on this, or do they not need to for this space? We have reached out to the district and spoken to them. There's also DEP involved, and what they want us to come back with is a plan. And so when we have a plan developed and we design the engineered backfill material, the methodologies, the control mechanisms for pollution control and migration of soils, when we bring that to them, we'll have everybody together at the meeting, and it just seems more logical in what they requested, actually, is for us to have a plan in place to discuss in the field, get their buy-off, and then we'll submit the plans and permit applications. Thank you very much. Thank you, Mayor. Commissioner Santiago. Thank you, Mayor. Thank you for the presentation and update. I know that some of the information is out there is, when is it going to be open? I want to bring my boat. So I see you have a proposed schedule that you submitted. If everything goes well, we're looking at October of 2026 before it's fully restored. Is that correct? Yes. Based on, you know, what we're doing, and we are going as quickly as possible, plan to meet this next month with DEP, get a buy-off on the plan. We're already starting to move forward on the preparation of the plans and permit applications, so that's probably going to take a couple, three months to get that submitted. Once we get that submitted, we'll be able to go directly into advertising for bids, and hopefully that process can go concurrent with the permit review process. So once we receive the bids, we can go immediately to award and construction, and then we're looking at if we do start construction in March. That's approximately an eight-month construction schedule. Awesome. So seven to eight months. Thank you. Thank you. So question for you. Commissioner, I saw you just went on the board again. So I see that the project completion and permit closeout is scheduled, as Commissioner Santiago said, October 2026. That's almost peak season of hurricane, are we not? I mean, I know I can see everything is going quick. I'm not complaining about that. I mean, I wish this would have got done a lot sooner, but is it realistic to ask for this to be done prior to the start of hurricane season? I mean, I'd rather you say no, but I don't want to set expectations. I would recommend getting everything in place as quickly as possible, getting as much work done as humanly possible prior to that September timeframe, and that that way when we do get into September, October, we're into punch-out, we're into close-out, we're into those cleanup activities with most of the heavy work being done in that March time period. And a lot of this, you know, it will be bid as an accelerated schedule. So we're going to get most of that work done. Now if the boat ramp portion needs to, you know, drag on as far as demolition and construction of the new mats, some of that, the earlier we get the materials ordered and fabricated, the earlier we can set it. So I would, you know, we're going to try to go as quickly as possible, and if we do have storms, there will be a hurricane preparedness plan that the contractor sets up, and that will be reviewed and approved. And if there is a need to adjust it for hurricane season, we'll have to adjust it accordingly. The hurricane preparedness plan, when does that get put into place? Because here, Mr. Blaze, what I don't want to be able to, what I don't want to see is we're getting close to getting hit with a hurricane, and we have all this construction site in the way. We have an elderly community that's literally crossing the path, right? And then them seeing different construction stuff going through windows, going through doors, that's what I'm trying to make sure we avoid. We will require a hurricane preparedness plan with the initial submittals. They'll generate a schedule. They'll give us materials of construction. And that hurricane preparedness plan is something that they have. And immediately upon seeing an AIM storm, that's when they would need to implement that plan. They would need to get materials off-site. They would need to secure the area. And all those types of things would be done. And so, say, for example, you're in that zone right now, they would essentially be implementing that plan now if, in fact, we had something coming. City manager, we would review that plan, correct, and make sure that – or Mr. Parrish can answer that, I guess. But I just want to make sure that our staff is reviewing it, and we're making sure that timelines are that accurate so we're not going into a dangerous situation. Yes, absolutely. Every project that we do with the city has a hurricane preparedness plan that we review and that we actually implement. We have a timeframe that is, you know, it starts, you know, 96 hours out, 72 hours out, 48 hours out, where we have certain thresholds that we hold our contractors to so that this is done at this step, this is done at this step, and so forth, so that we make sure that there's no debris that could harm anybody and that we don't have any adverse effects from there being any sort of construction debris or anything from the project. And last question, Mr. Parrish, in the case that – not saying this is the case, but in an event that that doesn't happen, the city would step up and clear that out? The city – absolutely. We'll make sure that our residents are not in harm's way. So whenever we do have any sort of event that comes up, we're always going with our inspectors and going and checking the sites, making sure that all of that is taken care of. And as always, if there's something that the city can do very quickly to protect our residents, we're definitely going to do it. Thank you, Mr. Parrish. Commissioner Avila Vasquez. Yes, thank you. So I'm remembering what happened the first time around. I'm pretty sure there's going to be road closures, detours, and going forward in order to get this done. Once we have the actual design plan, the design plan will tell us what and when things will need to happen. If there is road closures, there will definitely be public notification there. There will be, you know, message boards and also, you know, outreach to especially the condos in the community to let them know what exactly is going on. But we really don't know until we've got the design in place of what will need to happen and when it will need to happen. Okay. So, you know, going forward, when you have a plan in place, I would appreciate it if I can be, you know, given a little information before coming to a commission like this. Because this is the first time I see this. As part of my district, I had no answers for my residents as to what this meeting was about. Yes, Commissioner. So, in the beginning when this project started, we used to have meetings with the residents of the Edgewater and the Lakeside Condole residents. And I would like to, you know, have those when we start, when you have the project ready to go. And just give them an update of what's going to happen around their area. Sure. Excuse me. Because you know that once we start doing road closures and detours, their entrances to their homes are affected. Because some of those, I think maybe there's two roads on Lakeshore Drive that go into the condos. Yes, we can definitely make sure that you and the folks in the condos are definitely communicated with of what the plan is going to be and what the time frames are and so forth. I appreciate that. Thank you very much. Yes, Commissioner. Yes, thank you. Commissioner Howington and then Commissioner Caldwell. Thank you. Is there any opportunity within the proposed schedule to potentially run the design plan, submitting the permit apps, and then the advertising for contractor bids simultaneously? Because obviously once you have the design plan submitting for the permit applications, that can take some time where maybe we can cut some time off the schedule. We would anticipate submitting the permit applications mid-November, early December, and they're going to have a 30-day review period. Typically there will be a request for additional information. You're in the holiday period, so we'll hopefully get that request for additional information back right after the new year. We can respond to those immediately, and that way during that January to February period, we can respond to questions and then get that permit issued so that we can hit the ground running in March. So there is a certain amount of that parallel activity already built into the schedule. Okay, so there's really not an opportunity to expedite it at all within that frame? I think what we have laid out here is it is an expedited schedule, and obviously when we bid this, the bids will require parallel activities by the contractor as well. Okay. How confident are you in this schedule? Do you think that, I mean, if this is an expedited schedule, are we at risk at looking at possibly another five, six months? I think because of the urgency, we're trying to accelerate this as much as possible. What I can commit to is if we do see something that is going to affect the schedule, if we have something come back from the permitting agency, if we do get into construction and there's an occurrence that requires this, or we come back with an MOT, and the MOT is, you know, by doing this, it will delay it, and we can just come back with updates and keep everybody informed of what's going on and come back to you all and tell you, if there is an issue, what it is and what it's going to entail. Okay, thank you, yeah, because I think we would all like to know if there are changes in the schedule as soon as possible so that our residents aren't asking what happened, we were told this date. Yes, ma'am, and we would certainly do that, and I think given the desire to get this done, we have tried to expedite this as much as possible. Okay, thank you. That's all I have. Commissioner Colwell. Yeah, my first question was along the lines of Commissioner Ellington, and that's been answered. My second question is on the design. I've never used the boat ramp, but in the design phase, it looks like the approach to the ramp, you have to pull out into the road to back the boat in? Yes, that's correct. Is there any conditions that we can change there that would allow them to pull onto the side and be able to turn the boat back in there? That road is a county road. We've spoken about that, spoken about the design plans of how we could potentially, you know, change that route. It's always an opportunity for us to be able to do it, and we've talked about, you know, there being an overall major change to the park eventually. That has not been included in this phase of it. That way we can get the boat ramp restored so that the residents can use it, and it becomes a place where we can enjoy again without having any further delays. So in the design phase, in the first phase, I guess, as you're putting it, there would be no lane that could be put on this side of the road, on the south side, to be able to pull the vehicles over with the boat attached and turn it into the boat ramp without pulling out into the road? Yeah, the amount of roadway there is very, very limited, very limited to the amount that someone could actually pull off into there. You'd have to move the road. What I would foresee there is you have a pretty drastic rate change. Right. So where the road grade is back to where the adjacent ground level is is about a five to a six-foot vertical drop. So you would have to backfill that, come in with retaining walls, and getting into the county permitting process and all of that with the county roadway, that's going to dramatically increase your time frames. And I really think you're looking at a fairly significant redesign of everything in and around that boat ramp. Wouldn't it be more cost-effective to do it now than it would to come back in and tear it all back out again, would it? What we're doing is essentially when you're – the portion of the ramp that we're talking about replacing is down in the lower section, where it's been damaged by the construction activities. Right. So essentially we're going to come back up essentially to where the retaining wall starts. That is where we would saw cut. We would put in stabilized base material and then come in with the precast sections that are cabled together. And so anything, let's call it, landward of the ramp portion itself, we're not going to be really affecting that. All right. Thank you. One thing that I would like to include is in our conversations with St. John's Water Management District, they are adamant, just as our residents are and as we have been, that we get the boils restored as quickly as possible. And that's been our constant conversation is what can we do to get the environmental piece taken care of as quickly as possible also. That's why we have – you know, we've talked about having additional modifications, but in this first phase is let's get the boil taken care of and get the ramp restored and get the environmental and it get back to the original, you know, purpose of what it was used for in that original design. All right. Thank you so much for the presentation. Thank you. This time I'm going to invite Ms. Barker up for community events. Okay. We have a few things going on in the next few weeks. The first is next Tuesday, the 26th, we are having a flood vulnerability town hall here at City Hall. It's a Tuesday night, 6 p.m. to 8 p.m. This is going to be a chance for residents to come to us. We have one of our consultants that's going to be here to share with us their concerns for flooding in the city. We're talking public areas like streets and sidewalks, parks, that sort of thing. This is not going to be a time for people to come in to discuss issues with private property, but this is just a good opportunity to let staff know where problem areas might exist. And then we have two big events in September. The first is the Festival of Nations. This is an event that the city used to host and then it went away for a few years. Well, we're bringing it back, bigger and better than ever, working with the Hispanic Chamber on this event. It's Saturday, September 13th. It's here at City Hall outside in the courtyard area. It's 11 a.m. to 5 p.m. There's going to be a lot of cultural dances, performances, food vendors, that sort of activity. So it's going to be a really great activity. It's great that we're bringing that back. And then working with the Hispanic Association for the annual Latin Fest. Everybody knows this is a huge event. It's at Dewey Boaster. It's the next week, September 20th, Saturday. Live music, food vendors, dancing, drink vendors, a lot of stuff for the kids to do. So another just fun event. And then I want everybody to be aware that our youth basketball program at West Corral Gym, the registration is now open for the youth basketball in the fall. So this is for kids 6 to 14. This is a very popular program. So it fills up quickly. So if you're interested in signing your kids up, do it now. Don't wait. Because, like I said, it does fill up really, really quickly. And then, as always, if there's any community organizations that have events going on, contact me, cbarker at deltonafl.gov. City Manager. Just real quick so we don't ruin someone's night. There's a white Corolla in the parking lot, and their headlights are left on. Thank you. Commissioner Vasquez, you requested to speak. Yes, I'm going to consent agenda. Yes, I'm going to go to see if there's any public comment on consent agenda items. No? All right, go ahead. I'd like to pull G. G as in go? Yes. Or girl? Or Gary? Or George? Or George. All right, is there anybody else that would like to pull something, Vice Mayor? I didn't want to pull anything. I wanted to make a motion to approve consent agenda items A through F. All right, there's a motion by Vice Mayor Harriot to approve A through F. Commissioner Lully, you're on the board. I'll second that. There's a second. Commissioner Santiago, did you want to pull? I'll second that. Okay. All right. Can we please go ahead, since there's no problem to comment and vote? Motion passes seven to zero. This time, if I can just please have the city attorney read, well, I can just read it. This is a request for recognition for the month of October. Commissioner Avila Vasquez, did you want to turn on your mic and see which one did you want to? Go ahead. Yes. Thank you. So I had requested, or I had turned in two names of two veterans to be recognized at the next meeting, and I don't see them here. Those don't come out here. They automatically, your veterans will automatically be, yeah. Oh, okay. That was it. Thank you. Do you want to make a motion since you're there? Yes, I'll make. There you go. I'll make a motion to approve the request recognition for the month of October. So motion by Commissioner Avila Vasquez. Second. Second by Vice Mayor Harriot. Can we please vote? Motion passes seven to zero. This time, we're going to go to Section 8A as in alpha. If I can please have the city attorney read the public hearing ordinance request. Yes, Mr. Mayor. This is ordinance number 23-2025, an ordinance of the city of Deltona, Florida, amending the general ordinances, Chapter 66, traffic and vehicles to update regulations related to parking and vehicles, providing for conflicts, codification, severability, and an effective date. This is being brought to you as a combination of commission request and just a general cleanup in order to make your regulations more efficient. And Mr. Smith will have a presentation. Okay. Before we start, can we get a motion, Commissioner Lully? Yes, I move to approve ordinance number 23-2025 at first reading. Mr. Lully, thank you for using the recommended motions. Is there a second by Mayor Harriot? Second. Okay. So there's a motion by Commissioner Lully, second by Vice Mayor Harriot. Mr. Smith, did you want to go ahead and go through your presentation? Good evening, Mayor, Commission, Jordan Smith, Planning Director. So tonight I will be presenting ordinance number 23-2025, a comprehensive plan update to Chapter 66 of the city, which governs traffic and traffic regulations. This updates follow your directions to modernize the code, improve enforcement, and reflect the needs and feedback of our residents. Chapter 66 was originally adopted in 1999 and has been amended over time, but not comprehensive comprehensively reviewed until now. In response to commission directions, staff from Planning and Development, Code Enforcement, and Legal have worked together on this update. The focus was as follows, to improve enforceability of our vehicle and parking rules, enhance public safety, protect neighborhood character, and respect property rights while ensuring consistency with state law. The proposed amendments includes the several revisions. Now, first, there will be an educational component with our residents regarding these revisions. So first, recreational vehicle storage. We have established a base limit of three recreational vehicles per residential lot with discretion for larger lots when appropriate. In terms of parking locations, the code now clearly states where vehicles may and may not park, including prohibitions in front yards, right-of-way, and undeveloped parcels. In terms of commercial vehicles, we have restricted commercial vehicle parking in residential areas to ensure large or heavy vehicles do not disrupt neighborhood character or safety. In terms of vehicle condition and use, all vehicles must be operable, licensed, and not used as living quarters except for limited medical necessity cases. Toeing and enforcement, the ordinance expands toeing authority and provides clear notice and procedure requirements, making enforcement more consistent. And we have streamlined language throughout the code, updated definitions, and aligned provisions with Florida statutes, chapter 316 and 318. These amendments will deliver multiple benefits to the community. They enhance public safety and reduce hazards caused by abandoned oversized or improperly parked vehicles. They eliminate ambiguities that have made enforcement difficult in the past. They incorporate residential feedback gathered through code compliance, cases, and direct input. And they balance neighborhood preservation with reasonable flexibility for property owners. And importantly, they align with the city regulations with both the comprehensive plan and Florida statutes. In summary, ordinance number 23-25 modernizes chapter 66. It resolves longstanding enforcement challenges and strengthens our ability to protect neighborhoods and public safety. Staff recommends that the city commission approve ordinance number 23-2025, amending chapter 66 of the city code at first reading. The next step will be formal adoption on September 15th. Thank you. Is there any public comment on this item? Commissioner Colwell, you're up next. Yeah, I have some concerns about the commercial vehicle weight being determined at 10,000 pounds. That's the factory sticker that comes on an average 450 with no equipment on the back of it. Once they add all their equipment, it becomes quite heavier than that. We have a lot of trucks here in the city. Bright House, or not Bright House, Spectrum, some of the trucks from the poles, from FPL and stuff like that, they put the booms on the back. Those are well over 10,000 pounds. So how do we determine the weight of the commercial vehicles? Is it the ground weight from the factory? I know Chincher Electric has several vehicles with booms in the back. Our resources go to the manufacturer of, no, yes, the factory. So they purchase a vehicle unequipped from the factory, and it's rated under 10,000 pounds? Some companies provide that information to us when we do the search, just like, for example, Bright House, depending on what kind of bow is put on the back, what type of equipment is put in the back. So we're hoping they provide that information when we do reach out to them on these situations when it comes to those. Well, hope is a long ways away. I mean, we can't make them tell us what the equipment is? If we look at the vehicle registration, we're hoping that information is on there. We could also check the manufactured company that provides, you know, that built that vehicle, and also the company they work for, they might have that information on there. So there's three different routes that we can take to get that information if it's either, you know, if it's over the 10,000 pounds. Because I know there's several Spectrum trucks and Chincher Electrics in my district, and they park on the side of the house and drive across the sidewalks with this equipment. I know they're well over 10,000 pounds. So I'd like to see that rating determined a different way. Understood. Commissioner Santiago. Thank you, Mayor. Just a quick question on residential parking. Maybe, Danny, you might want to come back. Thank you. So I think we briefly spoke about residential parking. So, you know, I was driving around today, and I saw a few vehicles parked on the, more than just a few parked on the right-of-way. So if we pass this ordinance, will that, are they okay? Can they still park on the right-of-way? We are looking at no parking in the right-of-way. There are exceptions to it. And, of course, we will, let's just say, a family member is having a party on the weekend for a child's birthday. Just one example. Yes, we understand. But if it's something that keeps happening all the time, that's when we, you know, leave them a notice on that, because there's more than something going on there. But the object is to limit zero parking in the right-of-way. We did increase parking on the actual property behind the front face from two to three, gives it more space on there. We also added a driveway expansion in front of the house. If they, by permit, they put concrete, you know, as long as they meet all the requirements on the zoning and building, or they put in rocks, put a border to maintain it. Those are added, we've, you know, put in the ordinance so we can allow for more parking in the front. Okay, thank you. I just don't agree with when you go drive around and see the parking in the right-of-way, and now you're going to go to each house, if they're parked in the right-of-way, maybe they're going to visit, maybe they're having a party. I just think it's going to be a lot of complaints that are coming in once we approve this. So my thing is to move that section of it, but I don't agree with that part. You know, we don't want the city to become an HOA and then more rules in effect in regards to parking in the right-of-way or parking. But thank you. All right, seeing no more comments, can we please vote? Mr. Mayor, just one quick comment. Under section 66-18, under the clean copy, line 342H, right now it says a maximum of two vehicles may be parked inside our rear yards. We're changing that from two to three. Two to three. Just want to put that on the record. That'll show a second reading. Commissioner Lully, before we vote, you... Yeah, I'm sorry, real quick. So this will have a second reading, right? On September 15th. Do we need to... I'm curious to hear more about what Commissioner Caldwell requested. Do we need to do anything special to make sure we get that information brought back for the second reading? Staff will work with code enforcement, and we'll bring that back for a second reading. Thank you very much. Carmen, go ahead. Pass 6-1. Motion passes 6-1 for the records of the ones that see what is the... There you go. Okay. All right. At this time, we're going to go into action items. We're going to 9. Mr. Mayor, I apologize. I just wanted to ensure that we open public comment on that item. I did call for public comment. Thank you. I got it. Action 9A, if I can please have the city attorney read the resolution. Yes, Mr. Mayor, this is resolution number 2025-107, a resolution of the city of Deltona, Florida, authorizing the city manager or designee to amend the purchase order for Shelley's Septic Tanks, Inc., recognizing an exemption for competitive bidding, providing for amendments and renewals in accordance with city budgets, providing for implementation and an effective date. Yes, I move to approve resolution number 2025-107. There is a motion by Commissioner Lely. If somebody can please click on your mic and I will recognize the second. Commissioner Colwell? Second. There's a motion by Commissioner Lely, second by Commissioner Colwell. Is there any public comment on this item? All right. Is there any comments on the dais? There isn't any, so if we can please vote. Motion passes 7-0. This time we're going into action item 9B, as in boy. If I can please have the city attorney read the resolution. Yes, Mr. Mayor, this is resolution number 2025-112, a resolution of the city of Deltona, Florida, authorizing the city manager or designee to amend the purchase order for Odyssey Manufacturing Company, Inc., issued as a piggyback of the Marion County Contract Number 19B-265, with Odyssey Manufacturing Company, Inc., providing for amendments and renewals in accordance with city budgets, providing for implementation at an effective date. Vice Mayor Harriot? I make a motion to approve. Can you please read the motion recommendation so we can move forward? To approve resolution number 2025-112, Odyssey Manufacturing Company, 4-3-DM Hydro. Thank you. All right. Thank you, Vice Mayor Harriot. Commissioner Lely? Yes, I'll second that. There's a motion by Vice Mayor Harriot, second by Commissioner Lely. Is there any public comment? All right. Can we please vote? Motion passes 7-0. Point to action, item 9C, as in Charlie. If I can please have the city attorney read the resolution. Yes, Mr. Mayor, this is resolution 9C. Number 2025-108, a resolution of the City of Deltona, Florida, authorizing the city manager or designee to amend the purchase order for Huber Technology, Inc., recognizing the exemption from competitive bidding, providing for amendments and renewals in accordance with city budgets, providing for implementation at an effective date. All right. This time, I'll entertain a motion to be in discussion. Commissioner Lely, you're on. Yes, I move to approve resolution number 2025-108. There is a motion by Commissioner Lely. Vice Mayor Harriot, you're on the board. I actually have a question on this item. All right. Is there a, Commissioner Colwell? I'll second. There's a second by Commissioner Colwell. Vice Mayor, you're up. Well, I'm curious from staff's perspective why there is an exemption from competitive procurement, sorry, for, I understand the land application item of the solid waste material, wastewater material, but, you know, some of these are purchasing goods. Oh, give me a minute. I got you. There you go. This particular item is for the Huber Screw Press, which is a sole-sourced item. So we, all the purchasing of any parts and service has to go through Huber, so it's a sole-sourced. Thank you, sir. Is there any public comment on this item? All right. Can we please vote? Motion passes 7-0. At this time, we'll entertain Section 9, D, as in David. If I can please have the city attorney read the resolution. Yes, Mr. Mayor, this is resolution number 2025-109, a resolution of the city of Deltona, Florida, authorizing the city manager or designee to amend the purchase order for Hawkins, Inc., issued pursuant to ITB number PW22049 and the city of Deltona and Hawkins, Inc. agreement, providing for amendments and renewals in accordance with city budgets, providing for implementation and an effective date. Thank you. At this time, I'll entertain a motion to begin discussion. Commissioner Lully? Yes, I move to approve resolution number 2025-109. All right. Commissioner Santiago, you're on the board. Second. There's a motion by Commissioner Lully, a second by Commissioner Santiago. Is there any public comment? All right. Can we please vote? Motion passes 7-0. At this time, we're going to go into Section 9, E, as in Edward. If I can please have the city attorney read the resolution. Yes, Mr. Mayor, this is resolution number 2025-117, a resolution of the city commission of the city of Deltona, Florida. Authorizing participation in a lawsuit seeking, among other things, to declare that Senate Bill 180's imposition of a blanket statewide prohibition on the exercise of home rule authority over land use and zoning regulations is unconstitutional and should be enjoined. Retaining Weiss, Sirota, Helfman, Cole, and Bierman, PL, to prosecute the lawsuit, providing for implementation and an effective date. So, Mr. Mayor, this is an item that is coming to you. Before we go into that discussion, Commissioner Howington, you're on the board. Are you going to make a motion? Yes, I'm going to make a motion. Go ahead. I move to approve Resolution 2025-117. All right. At this time, I'll entertain a second. And I see Commissioner Santero. Were you going to second it? Commissioner Colwell, are you seconding the motion? Okay. There's a motion by Commissioner Howington, second by Commissioner Colwell. Go ahead, city attorney. Yes, Mr. Mayor. So, this is coming to you all pursuant to previous discussions on Senate Bill 180, which was signed into law on June 26, 2025. So, at the July 7, 2025, regular city commission meeting, the commission directed the city attorney to evaluate options to challenge SB 180 and to seek potential litigation partners. The law firm Weiss-Sorota-Helfman-Cole and Beerman-PL is leading a statewide coalition to challenge SB 180 and has offered to represent the city for a flat fee of $10,000 at the trial level, $5,000 for district appeal, and $5,000 for Florida Supreme Court, subject to the participation of at least 10 local governments. The city's participation in this lawsuit would aim to seek declaratory, injunctive, and other appropriate relief from the provisions of Senate Bill 180, which imposes a blanket statewide prohibition on the exercise of home rule authority concerning land use and zoning regulations. All right. Is there any public comment? Donna McDavid, please. If you can just please state your name, city, and click on the button so I can authorize a speaking. If you click on the little button. With the person. There you go. Hold on. Give me one minute. There you go. Go ahead. Donna McDavid, Edgewater, Florida. I just wanted to come. We just finished our meeting tonight, special meeting, and I want to let you know that our people are looking at joining this coalition. It's a good thing. And all the fears that are being put into you guys from above, higher sources, know that the people are the ones that put you in those seats. We will put you right back in there if you stand with us. We're tired of flooding. We can't afford it. Our lives depend on this. Keep that in mind. Please. Suzanne Scheiber, please. Ms. Scheiber, if you can please press on the button. That worked. Good evening, Commission. She just said it. We came straight from the city of Edgewater. They also voted to keep their moratorium. They also voted to keep their moratorium in place tonight by a vote of three to two and passed a general consensus to join the coalition. Between, you know, I'm with Dream Green Volusia. I've been here before, Suzanne Scheiber, I just want to say I speak all over the county. And the cities that have the most problems with development, with flooding, with traffic, with live local, those types of problems are Edgewater, Deltona, Deland. And the county itself sometimes, and I would say even at times, Ormond Beach. You have done a lot, and I have no statement here tonight like I normally do when I stand up here and speak. I just want to say that tonight when I spoke in the city of Edgewater, I asked them to consider their residents and to do the right thing. They were under a tremendous amount of stress. Their residents are under a tremendous amount of stress. When, in order to achieve peace with yourselves and with your residents, you have to take them into consideration. And I understand that this is a big vote for you. There was a lot of discussion tonight concerning the legal matters. If you have questions, I encourage you to ask your attorney. I think you already have. But if you do, ask, because a lot of things that got asked tonight and said tonight are how they ended up achieving their vote of 3-2 and passing the consensus to join. So I have a lot of respect for all of you. I've been here before, like I said. I've watched you carefully from afar and at times here. I still have on my Edgewater shirt because we literally rushed to get here to be able to talk to you. So I appreciate all of you, but I'm asking you to stand with your residents. Thank you. Courtney Cross-Burgos, please. Hello again, Courtney Cross-Burgos. I agree with the two women that just spoke. I think it's important that we do this SB 180 and talk to the state and get it repealed because the home rule is important, especially in this town and in this county. But unlike their town, I think we should remove the moratorium because this is the legal way to go about it. This is the smart way to go about it. We have other partners. We have people in our corner. With the moratorium, all I see is money because people are going to take advantage of that and sue us, and this could go on for a very long time. So please think about that. That is public comment. Thank you. Commissioner Santiago, are you on the board? Thank you, Mayor. I have three questions, and I have a statement that I want to read. The first question is for city staff or our legal team. Does the passage of Senate Bill 180 affect any of the projects that already have been approved within this city? Any project that has already been approved and is vested, as in it already has its zoning, those would have been privately initiated, which are not included under the scope of SB 180, which applies to changes that are initiated by the government. The other question I have is, the city commission recently passed a moratorium on construction. Did that moratorium stop any of the hundreds of homes that were already approved? The moratorium on development is prospective in nature, so any previously approved or vested project was exempted pursuant to the terms of that ordinance. Thank you. And then the Volusia County Council recently had a presentation from their legal team raising concerns with standing and what home rule means to the local government within the state constitution. Can you give us a brief explanation of what home rule means, what power it entitles local government to do, and can we do anything that we want? So, to address your question, I'll start rather broadly. In the 1968 Constitution of Florida, Article 8, Section 2B statement. I'm sorry. I don't mean to interrupt. I just don't want to create a thing here. When Commissioner Santiago, can you lower her mic just a bit because it's really loud and I can see that. Am I being loud? Some of the residents. No, no. It's just that it's somebody adjusted the volume. I'll talk slower. Sorry. Go ahead. So, Article 8, Section 2B of the state constitution provides that municipalities shall have governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise power for municipal purposes except as otherwise provided by law. So, that general allocation of home rule powers is further clarified in statute, which is the 1973 Home Rule Powers Act. In relevant part, in relevant part, Section 166, Spot 021, Sub 3, provides that the legislature recognizes that pursuant to the grant of power set forth in the Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the legislature may act except the subject of annexation, murder, merger, and exercise of extraterritorial power, which require general or special law pursuant to Section 2C, Article 8 of the state constitution, any subject expressly prohibited by the constitution, any subject expressly preempted to the state or county government by the constitution or by general law, and any subject expressly prohibited by the constitution or by general law, and any subject preempted to a county pursuant to a county charter adopted under the authority of Sections 1G, 3, and 6E of Article 8 of the state constitution. Thank you. That was awesome. Thank you. And I have a statement to say. I've served on the city council for approximately like nine months we've been here. Though I've been around the process for over 20 years in a different capacity, once you get behind this dais, there's a lot more to learn. That is why I participated when I'm available with various training sessions, including the most recent one with the Florida League of Cities conference that just occurred. There was a discussion in the conference regarding Senate Bill 180, and there was also guidance on how to be effective in changing state law. I'd like to share something that I learned that may be helpful for the audience to understand and for my colleagues before they make their decisions on whether or not to sue the governor and to sue the legislature. There's a copy. I have a copy of the slide from the conference. And the first item, what can I do to combat a tax on home rule and local government revenue? The first bullet point on that was spend time developing relationships with your legislators and stay out of the political fray. Like I said, I've only been here for nine months, but I want to thank the Florida League of Cities, its leadership and membership. They have a heck of a lot more experience than what I do. And I think I'm going to take the path of following more experienced individuals on how to be effective. And I will oppose suing the governor, oppose suing the legislature. There are too many negative impacts for our city that can hurt us for many years to come if we approve this tonight. It's an unnecessary fight in the manner of this lawsuit. I'll also add that most governments are working with their legislature to amend Senate Bill 180. This was talked about heavily at the conference this past week, making adjustments and amendments. What is our win? How much money are we going to lose in this state grant funding over the next 10 years? It may be $20,000 right now to sue the state, to sue our governor. But at the end, we're going to lose millions of dollars in this grant. Our county council recently had a meeting regarding SB 180, and they had this presentation. What they decided to do, our county council, was to direct staff to bring back an agenda item to discuss seeking an amendment to SB 180. And that's exactly what we should be doing, not suing, not wasting our city tax dollars on suing the state, that we're not going to win. It's just going to hurt us more, and it's going to hurt us in the next 10 years. Thank you, Mayor. Commissioner Avila-Vasquez. Thank you, Mayor. So I attended a seminar with four state representatives, the second seminar I attended. Both seminars, the explanation of SB 180 was to stop cities from prohibiting those who were affected by the hurricanes to fix their homes, to prohibit those who were affected by the hurricane from rebuilding their homes, to prohibit those who were affected by the hurricane for selling their homes. So that's the reason they were saying they came up with SB 180. One representative was honest enough to admit that there were loops in SB 180, and that they were going to take it back and look and see what can be changed. Because he wasn't even sure that the way it was passed was correct. So here's the thing. What we're saying is we would like to put a halt on development, on big developments. Just put a pause on it to give us time to fix the current problems that we are looking at with those people who got affected by the hurricane, who got flooded, who are still repairing. Some haven't even been finished with repairing. Some can't even sell their homes. And who wants to buy a house that has been flooded? So that's all we're asking. We're not against – I'll take it back. I personally am not saying we are against development. We are against developers. Absolutely not. Why am I being cut off? You're not cut off. They just lowered it a little bit because it's echoing over there. So I am not saying that we are against development, that we do not want more development here. Of course. If they own property and they go through all the process and all the procedures, why not? But all we're asking is for time to fix our problems. I've heard many times up in the dais, our staff is doing a great job fixing the problems. They are. They're working very hard to fix the problems. But we're not going to know if it's fixed until we get hit by another one or two, three hurricanes like we did the last time. So I don't think that saying the problems are fixed is correct. I think we still need to – hopefully we will not be able to see another hurricane like the ones we saw. But we don't know if the problems are fixed. We thought the problems were fixed before. So here again, I don't know what's right. They don't even know what they're passing. They don't even know what S-180 is. So, you know, just give us what we're asking for. We're asking for to give us time to fix the problems, to make sure that our residents are safe from flooding, from all the destructions, the hurricane. And not just hurricane, rain. We had about two months of rain over the city of Deltona. It wasn't even the hurricane that caused the problems in Deltona. It was the rain. For constant days, it was just pouring on top of the city of Deltona. That's all we're asking for. Just give us a chance to fix our problems. And once all that is fixed, once our staff takes care of everything, come back and rebuild. Deltona is always a city on the move, and we welcome all the builders. But we have to take care of our residents first. Thank you. All right. We have Commissioner Santiago, then Commissioner Lully, then Commissioner Howinton. Thank you, Mayor. Just one quick note. One of the items that I just heard was give us time to fix the problem. We are working on the problem. We do not need to sue the state and our governor to fix the problem. That's all I wanted to say. Thank you. Commissioner Lully. Thank you, Mayor. I appreciate the dialogue so far that I've heard. This is actually a fairly easy vote for me. I'm voting yes on this. And the reason why I'm voting yes on this is because we were put here for a reason. And I'm not here at 740 at night to not be able to do the people's will and to put that onto our land use. And land use was one of the number one issues. It still is. Between our public forum tonight and the business meeting, I was talking to some of my constituents about land use. That is the number one issue that I hear about. More than the boat ramp, more than taxes, it honestly is land use. And so that's why I will be voting yes on this. And it's not personal against the governor. It's not personal against the legislature. I don't know them personally. So, therefore, it can't be personal. This is just business, and this is doing the business of the citizens of the city who have, myself included, experienced hardship as a result of the things that go on when we are not able to have a handle on our land use or when we've possibly made not-so-good decisions in the past on land use. So, again, I appreciate everyone's opinion here this evening, but I am a definite yes vote on this. I have seen news alerts pop up, and some of our citizens have shared what's gone on in cities to our east. So, we are not alone in this, and I look forward to the next steps in this. Thank you. Commissioner Halinton. Thank you. So, the Florida League of Cities has been working on this for months. They have been doing the same thing they argued they worked with. They tried to get SB 180 fashioned in a way that was good for the state. There were two bills. There was a Senate bill and a House bill. The Senate bill had a lot of sections that were missing from the House bill. At some point, the bad sections from the House bill ended up in that Senate bill that was later on passed. At this point, the Florida League of Cities is asking us to wait for an amendment, an amendment that they tried to get for months and failed. We cannot trust the same actions that they did for months to continue. That's the definition of insanity. Sitting there doing the same thing over and over and expecting a different outcome, that's insanity. And for us, as a community, we can't afford to wait until next year when maybe the legislature will give us some relief. We need an injunction now, and an injunction is something that will actually help us immediately. The lawsuit would be filed in September. We are creeping up to that 10-city number very quickly. So with the fact that we need an injunction, this vote tonight is extremely important. Just a few weeks ago, this commission made a powerful decision not to repeal our Live Local Ordinance, which was passed in December of 2024. That was our moment to take a stand for our residents. That was a unanimous vote in December. It was something we believed in and our residents believed in. And now we're facing litigation tied to SB 180 because we didn't repeal a Live Local Act Ordinance. That ordinance would have required the Live Local property to pay ad valorem taxes for 30 years. They want to build apartments and not pay taxes. That's what's at the crux of this lawsuit that we're dealing with. The only financially sound option before us is to join this coalition lawsuit for $10,000. I was not elected to cower before the state. I was elected to fight for Deltona, to protect our charter, and to stand for the constitutional principle of Home Rule that has existed in Florida since 1968. I have heard rumors that our legislators may be attempting to intimidate local officials who stand up for our communities. If true, that makes it even more important that we show our courage. I will not cower. I will fight for our residents and for the future of Deltona. I believe if the governor or legislators were sitting in our seats, they'd be doing the same thing to fight for you, our residents. Other cities are already standing up. Delray Beach and Windermere voted last Tuesday, and they voted to join the coalition. Edgewater just voted unanimously to join the coalition. There are already cities that are signed on with the law firm to move forward. And we even have attorney Anthony Sabatini from Lake County saying that they're going to be voting on August 26th as well. He even says, as an attorney, he feels SB 180 is unconstitutional. This is our moment. We need to take it. We need to vote yes tonight to join the coalition and fight for our residents, our charter, and our constitutional right to Home Rule. $10,000 is a small price to pay. We are facing a lawsuit for live local on a piece of land that has never experienced an emergency. This is a fight for our residents to get the tax money for the infrastructure needed in their community. It does not have anything to do with emergencies. We need this to be repealed immediately, and we need an injunction in place as quickly as possible because in 2026, we will have damage done. That's too long to wait for relief that may or may not come. Thank you. Vice Mayor Harriet. Thank you, Mayor. I've got a couple questions. When is the last period that we could join the lawsuit? We don't know the answer to that. They are planning to file in September. We don't have an exact date. Theoretically, we could join after it's filed. It's safe to say this isn't a life or death decision tonight that we have to make without— You do not need to make this decision tonight if you would like to join with the original group. We'll have other meetings between now and the filing, likely. City Manager, how much did we receive in legislative appropriations in this last legislative session? Our presentation was $2.5 million. In the year before that, last year? Nothing, I believe. How many projects did we have put in? I think there were fire projects. That was they vetoed all fire projects, I believe, across the state last year. And they vetoed all of them across the state? Yes, that was last year. Do we have any projects that we are anticipating putting in for next year? Oh, we will be, yes, absolutely. That will be a meeting with the commission for a goal-setting joint meeting to discuss what projects you want to move forward on. But certainly, there's a number of water projects, mid-water basin. I have a feeling you can cancel those meetings. I don't know that the right decision for this commission is to spend—some people call it $10,000. And it's going to end up costing us more than that, even if we just forego one more year of legislative appropriations funding. We're looking at giving up millions of dollars compared to the cost of this lawsuit. Legal, if the lawsuit moves forward without us, will we still receive benefit from the outcome? That's a complicated question without a clear answer. Did the benefit from that lawsuit only apply to those that participated in the lawsuit? It did not. However, there have been more developments in case law since that time. And there was a case in June of this year. It is not binding on our state courts, but it is persuasive. I do not know—we can't really answer that, candidly. It's too—it's really entirely up to the court. But Form 6 was applied statewide, even if they weren't named in the—named plaintiffs. Is it fair to say that the outcome of this lawsuit, legal action, is likely or could be to change the law? And in that case, it would apply to us regardless of whether we join the lawsuit or not. If the outcome of the litigation does change the law— The only way that we wouldn't be included is if it was an injunctive relief, immediate injunctive relief, where we wouldn't participate. If it is an injunctive relief and the court limits it to only those parties who have been named, but the court does not have to limit it. The courts can do a lot of things then, fair to say. The courts have a lot of latitude, but Form 6 was applied universally. But again, there has been litigation and case law since then. It is, unfortunately, an unknowable answer to that question. It could go either way. Thank you. I appreciate that. Like Commissioner Vila-Vasquez said, you've attended a couple of these events with our legislative delegation. Based off of what I've heard from them, the conversations I've had, what I've heard from those events, it seems like they are understanding and they do see how big of—how expansive this need is and how much local governments really do need some relief from SB 180 just because of its scope. Those discussions are productive. They are listening. We're having a conversation. It feels like a swift kick in the face if, during those discussions, we decide to go ahead and sue them anyways. So for that reason, I think that I'm going to vote to keep our local tax dollars here in Deltona and continue the discussion that some of us have already started and begun having. Commissioner Howington. So going back to that case law that changed, that was a Supreme Court decision, correct, that came down, I believe, late June 27th? It was a Supreme Court decision, but again, that's a federal case. Right. So not binding, but persuasive. Right. And so we don't know at this particular time that the judge that hears this case would or would not apply that injunction to just the plaintiffs or if it would be blanket across statewide, correct? Because we don't know what they'll do. Like you said, they have latitude to make those decisions. They do. We don't know what they would do. And so we're putting our faith in the possibility that a judge won't apply the same theory. And then we're relying on trying to do what we've done in the past by working with the legislature to try to fix this. It just, it seems like that's a big risk for our residents when we are already embroiled in a lawsuit. And if we were to join the lawsuit and an injunction went in place, what would happen to our existing case? Obviously, the lawsuit would not go away. That would still progress. But what would happen specifically with an injunction in place if it was able to be applied to Deltona? So I just want to understand your question. If we join as a plaintiff and a court issues an injunction on Senate Bill 180, and you're talking about the parallel, the live local that was brought under Senate Bill 180, we would file a motion to stay that case pending the outcome of the larger case on Senate Bill 180. I would anticipate it would be granted. And even if the trial court overturned it or, you know, it was denied it, we would appeal it up to the appellate court. And I would suspect that it would stay that case. That's not a guarantee. But it is likely that the live local case would be stayed pending the outcome of Senate Bill 180, at least to the portion related to Senate Bill 180. You know, they could partition it. But I think it's a reasonable argument that we could make and likely prevail, that we could get that case stayed if an injunction was applied in the Senate Bill 180 case. And that would likely limit the cost that the city would end up having to pay if it was stayed? So if it was stayed, we would stop working on it, and the costs would largely cease until the larger case, the Senate Bill 180 case, was resolved, which could take years. It could take years, yes. I mean, it could take two, three years, maybe a year and a half. But it would take a substantive amount of time. So during that time, we would do little to nothing. I mean, they might try to have the state overturned, and we would have to fight that. But it would stay that action, assuming that it's granted by the courts. And I would expect that it would be until the Senate Bill 180 case, the underlying case, was resolved. So the best way to protect ourselves tonight, given the fact that we have pending litigation, would be to join this lawsuit and get an injunction in place, which would be the most financially responsible option at this point, correct? Because if we let it move forward without having an injunction in place, we're risking up to $250,000 in legal fees, correct, with regard to SB 180's lawsuit. So that's a complicated question. Obviously, you all set policy, and you can make that determination on the level of risk that you want to take. And it is a balancing act and a weighing of risks across the board. Senate Bill 180 does allow challenges to our ordinances to be brought. And if those challenges succeed, they can be awarded attorney's fees. And those attorney's fees, to be very clear, are not capped. So a judge would need to rule on the reasonableness of them, but they could, especially if the case takes years, those fees could range from $100,000 to $1 million. They could be $1.2. So there's certainly a range of fee risk. If we lose, if we win, then we win, and there's no fee. But that is going to be super specific to each ordinance, right? So, so far, we have one challenge. And on that ordinance, we feel confident we are going to prevail. But litigation is, even if it was not a, if it was a known, a known outcome, it wouldn't be necessary. So we do feel confident in the Live Local Act challenge that we will prevail. However, if we do not prevail, they, they would get fees. And those fees likely would be substantive and are unknowable at this point. Does that, does that help give some guidance? Yes, thank you. That's all I have. Vice Mayor Harriet. And then after, Vice Mayor, if nobody else, we'll go to a vote. Thank you, Mayor. Legal, if, if the SB 180 case receives an injunctive relief, would we not be able to still use that regardless of our participation as a reason to request a stay in our other case, knowing that there are going to be changes in the law? That sounds like there, we don't know. We don't know because, again, if, if the, if the injunction, like form six is applied to everyone, then yes, reasonably so. Wouldn't matter whether we were a party or not. But if the injunction was limited to, let's say, 10 cities or cities and counties combination, then it would only apply to them. And the other cities and counties would continue to be subject to SB 180. And the injunction is just to stop while, right, to pause it while the actual larger case gets worked out and resolved, which takes time. So even if an injunction, let's say an injunction is granted in the SB 180 case, they still have to resolve the issues that are brought up in the case. And, again, that can take a lot of time. And so if, if it is limited, if the injunction is only limited to the plaintiffs, the parties that are participating in 10 cities, let's call it, then SB 180 would continue to roll on for the amount of time it took to get resolved in court. Do we know, do we know how many cities have already joined? I don't know. I mean, I know of at least three, but I don't know the exact number. I'm hearing someone say six, but we, I mean, we've also spoken to a few counties that we, we suspect are going to get involved as well. So it's, it's like, it's fair to say that it's likely that this lawsuit is going to move forward without us, with or without us. So there's very limited risk of, if we don't join, there's limited risk that we won't receive some sort of relief based off of the outcome. So that is also a complicated and speculative question. Of course, we wouldn't, we wouldn't be here if we weren't asking that question. You guys should be prosecutors, right? You're really good at the cross-examination questions. So it is likely that the case is going to move forward. That, that seems likely just based on the conversations we've had with other governments and the amount of governments that we know have already committed to participating and, and, or have indicated that they are likely to commit to participating. So it is likely that the case is going to move forward, with or without us. The, the, the risk of whether the judge is going to limit the, any injunction that's granted to the class, to the actual name plaintiffs versus all cities and counties is, is unknown and unknowable. Um, you know, judges are, it's a, it's a, it's a, they're people, they're people and, but some are appointed and some are elected, um, which can change some of the, um, analysis, right? You know, based on circuits have different sort of feels. I mean, certainly the law is fair and just across the state and the board and we have excellent judges, but there are different circuits that sort of tend to lean one way more than the other. Um, I appreciate it. That's an unknowable one. All right. If we can please vote motion passes four to three. No, we're not doing this. Oh, I'm glad you're leaving on your own. Well, have a good day, sir. You can say too, I'm glad you're staying so you can keep up to date, but we're not going to make a mockery of this place. We're conducting business, sir. That's the one warning I'm giving you. That's it. Thank you. At this time, we're going to go ahead and go into section nine. Epheson Frank, if I can please have the city attorney read the resolution requests. Yes, Mr. Mayor, this is resolution number 2025 dash one one five, a resolution of the city of Deltona, Florida, authorizing the city manager to award an agreement to Redmond Consulting Group Inc for waste pro contract management to the solid waste department, recognizing an exemption from competitive bidding, providing for implementation and an effective date. Commissioner Vila-Vasquez, you're on the board. Thank you, Mayor. I move to approve requests of resolution number 2025 dash one 15, award awarding consulting services agreement with Redmond Consulting Group Inc for solid waste monitoring services. Thank you so much for using the motion request. Vice Mayor Harriet, you're on the board. I'd like to second. Okay, so we have a motion by Commissioner Vila-Vasquez, second by Vice Mayor Harriet. Is there any public comment? All right. Commissioner, call while I see you're on the board. I was going to second. In that case, can we please vote? Motion passes seven to zero. At this time, we're going to go into section nine. G is in Gary, go, or George, I think it was you said Commissioner Vila-Vasquez. If I can please have the city attorney read the resolution request. Yes, thank you. This is resolution number 2025 dash 106, a resolution of the city of Deltona, Florida, authorizing the city attorney to proceed with foreclosure of outstanding municipal liens at 2912 Thalita Terrace, Deltona, Florida, authorizing representation through city attorney's office and outside legal counsel, providing for implementation and an effective date. Commissioner Caldwell, you're on the board. I move to approve resolution number 2025 dash 106 to proceed to foreclosure. Thank you for using the motion recommendation. Commissioner Lully, you're on the board. Yes, I'll second that. Thank you. There is a motion by Commissioner Caldwell, second by Commissioner Lully. Is there any public comment? All right, can we please vote? Well, that was a fail. Raise your hand if you went away. How are you going to vote, Vice Mayor? Just so we can get this. The motion passes 7-0. All right, city attorney comments. Thank you so much, Mayor. We just want to thank you all so much for those of you who we got to see at the Florida League of Cities Conference this past weekend. You know, these types of conferences are incredibly valuable, in large part, we think, to connect you with other cities around the state. Because, obviously, everyone has their own interest as a city, but working together for lobbying and for going to Tallahassee to represent your interests is very valuable. So, we're grateful to those who attended. We would certainly encourage the rest of you to attend that and other upcoming conferences with other local governments. It is a critical time for local governments, and I think it is a critical time for local governments to make clear what they do and what they do with ad valorem revenue and how local government actually impacts and benefits everyday citizens, right? So, you know, there's a lot of talk about property tax thoughts, but the reality is that people don't realize that, you know, a house is different than a TV. You don't just buy your house and then that's it, like a TV. You expect to have your garbage picked up and the road to your house accessible and the water coming out of your tap and your toilets to flush when you flush them. And these are all services that governments provide, just like the fire department showing up, you know, if there's an emergency or you need an ambulance. So, the work of local government is critical. There's fewer local government alumni in Tallahassee than ever before. And so, certainly we think it's very valuable for you all to network and connect with other local government members. And any colleagues you know who have an interest in joining you as you lobby for the work of this city and the work that you all do, the great work you do every day, we think that that's a very valuable tool. So, thank you all for coming. For those who attended, please, we would encourage you all to attend other, any conferences or events with other local governments so that you all can bring your voices together as you advocate for the citizens of Deltona. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. third class this fall has sold out 35 residents excited about that and then there is a part two to the presentation that was said earlier today the Lake Shore Drive project that's to fix the problem that we have the other part is the actual running of the pipes from Lake Monroe to pull water from the lake and take it up to the rib site I'm going to be speaking requesting to each of you to set up individual meetings to discuss where we are with that process some of that included the old construction companies potential lawsuits and we believe the staff has a solution for you but we'll talk to each one of you directly in the next two weeks so we can move forward on that and and that's a big piece of our solving our water issues thank you all right this week we're gonna go the reverse so we'll start off with Commissioner and Nick Lely thank you thanks for everyone who came out tonight voiced your thoughts and feelings about our topics thanks to the staff for your hard work and thanks to this Commission for your hard work thank you Commissioner Stephen Caldwell okay Commissioner Dori Howington I wanted to know if we could potentially look into a an ordinance for electronic or the electric bicycles as we all know on the first day of school we had a tragedy that took place and the state just enacted SB 462 which allows local municipalities to set minimum ages as well as allow for training programs and things like that to help educate the community and I believe st. Augustine just implemented this ordinance or an ordinance this past week and so I don't know if we can potentially look into that as something to either look at at a workshop or have something back to us definitely we I don't think we need a workshop for this I mean we love the workshops they're so good we can make this very easy yeah we get a consensus by a simple I thank you and then we have a problem with our ATV UTV ordinances because it seems like we're getting a lot of complaints about ATV and UTVs on city roads and I don't know if it's not being enforced or what's happening there but we seem to be getting a lot of complaints at least I am we can definitely look into that for you and work with the council for Volusia County Sheriff's Office see if there is anything that we need to clean up in our ordinance although I believe the on roadways I believe that's a statutory provision as to the definition of a vehicle and what is street legal but certainly we'll coordinate with them and then we had done a consensus vote on fireworks for fourth of July and New Year's is there any way that we can get that brought back sometime in the next maybe two three months so we can decide if we want to do something before New Year's absolutely and then the other one is with SB 180 in place October 7th barring we don't have any hurricanes between now and then can we look back at all the ordinances that we've passed since August of 2024 through October 7th that we would need to potentially revote on to make sure that we don't have any liability with SB 180 like live local act yes we'll work with your staff to do a review of those ordinances and certainly if there are any that we feel are on the line we will we we could just like do a repeal and reissue or something just a point of word didn't we just vote on SB 180 so we wouldn't have to do that just I'm not trying to take over your time I just I want to make sure we're not putting more work on our staff isn't that why we voted to sue the state so at the end of the day we have an injunction in place and we don't have to worry about those lawsuits we don't know we're not going to talk about the why but I will say that practically this is the course of events so we will we've you all have given direction to join the lawsuit we will join the lawsuit once they reach ten people presumably they will finish the complaint that I believe they're already working on they will file there will be time for a response there's often motion practice which can delay action I'm guessing they will file for an emergency injunction it is unclear if it will be granted but the reality is that I don't mean to interrupt you city attorney it's just a very simple and I know there might be a gray area would that not stop anybody from suing us for like the live local stuff we just know about this no people can still come and sue us even with us joining this lawsuit if an injunction is issued then the answer is different but saying yes we vote tonight to join this lawsuit doesn't okay that's all I need to know filed continue Commissioner Arlington okay so with that said yes we just voted to join the lawsuit today however in the meantime before an injunction is filed we still have an issue where anything that has been passed since August of 2024 until current would need to potentially be looked at to determine if we need to vote on it again so could you please just research those to make sure that anything that might walk the line like our architectural things that we voted on recently as well as full of local and other things can be reviewed yes certainly we'll take a look at that and if there's anything that potentially crosses the line from being a clarification versus something that is more burdensome we can revisit those and see if there are changes that we need to bring forward thank you that's all I have Commissioner Vila Vascos thank you mayor I just want to thank city manager and staff for bringing the 4b project forward I know that we have some residents in the audience and not only the residents but those who used to use the boat ramp are really excited to see this project you know starting to move and hopefully get finalized so that we can have our beautiful boat ramp back in in shape to be used and safe and for the League of Cities events I've always attended this year has been the only one that I haven't been able to but I'm going to take a rain check on your invitation okay thank you have a good time everyone thank you Commissioner Emma Santiago thank you mayor just a few things really quick I did attend I had the privilege of attending my first Florida League of Cities annual conference it really was an amazing experience I learned a lot spoke to a lot of other municipalities city managers it's a really great opportunity I did not do a report I don't think I have to do a report but I just want it for the record I went I learned and it was awesome invite anyone who's available this Thursday 7 30 at the center our speaker at Rotary will be Sheriff Mike Chitwood so it's always nice to hear him speak so come on out it is 7 30 in the morning a.m. 7 30 a.m. but come on out and hear what he has to say um Howland I'd wanted to give an update on the Howland Boulevard sidewalk by Deltona High School I know there were some comments made that we were working really hard with the county to get that done before school started unfortunately due to some construction issues some weather they have started um putting laying down the concrete for the sidewalk it's just taking a little bit longer they do do it at two o'clock in the morning where they do have to close the road but they are working on it um and then once the concrete is laid down they will color it um and then it'll and you'll see just just wanted to let you know what was going give you an update and that's all I have thank you thank you Vice Mayor Harriot thank you mayor um I want to thank staff for all their their hard work that they've done on Senate Bill 180 uh this has been I don't want to say a polarizing item for this commission but I think that the the two sides have felt strongly about their positions and I I think we've done a good job of of keeping it civil and and voting the way that we think that the residents uh that we think that the residents that we represent want wanted us to uh so thank you everybody for the civil discourse on that I appreciate it and then um I did not have the privilege of going to Florida League of Cities but I did attend uh Zach and Gemma's um event the other night and got the opportunity to speak with quite a few city managers and mayors from other cities and it was very enlightening to say the least uh a lot of just hearing from a variety of different communities all the way from 200 residents to um you know half much they weren't any as big as us but you know tens of thousands it was very interesting that even communities that have have just over 200 residents uh experience a lot of the similar things as we do so thank you very much that's all I have all right I only got like three or four things um so I gave all the commissioners a report one's available at request for for the public as well um I do them because to me it's just easier I have a little thing that records meetings and things like that so it helps me put my thoughts together um I wanted to get consensus from this commission there's an organization called American Flood Coalition it costs zero dollars to join them they have a lot of great information regarding flooding I brought packets I only brought one because I guess they were limited but I wanted to get consensus to see if we can join them again it doesn't cost anything there's no legal obligation but they provide a wealth of information um they actually did a presentation which I would also like for them to do in here at the subcommittee for flooding which I'm a part of and um again they they provided I know the city manager was there and we got a lot of good good information so if I can get a simple EA to see if we can join this or uh we can all we can also put it to the next commission under consent that way let's do that better so we can get a copy of this to all the commissioners so they can look at it instead of just throwing something at them if that's okay so that way you guys can all look at that so if I can get that on the consent agenda would be great um I had a very quickly I had a great meeting with our CFO uh blaze and I'm gonna botch his name like always in the dollar um sorry and we had a lot of discussion over property tax doge uh things of that nature um believe it or not the number one topic going around the state isn't SB 180 it's actually property taxes and uh it's it's it's it's a little bit uh for mayors it's been a little bit disheartening uh because it's we're almost getting left out of the table so it's great that we met with uh several mayors from around the state of Florida we had this good conversation I was glad to lead that effort in that in that topic with him um other than that uh I just want to make a clear clarification on SB 180 because I have now been sent screenshots and I'm getting so fed up with this uh screenshots texts comments and you know I keep saying hey guys I don't care I don't need to see what another commissioner is posting right just because I voted no on the attorney the thing doesn't mean that I don't that I agree with SB 180 Commissioner Harington because it's specifically you uh just because I truly believe that our vote for that moratorium was illegal doesn't mean that the three of us because you pointed the three of us out are in the pockets of developers just because the three of us voted against something does not mean we're cowering before anyone I have taken a different route uh when I get a call from my quote-unquote personal attorneys Mr. Sabatini saying hey so and so is posting this just FYI it's a silly silly politics that we're playing right I don't need a written statement to say hey I don't support SB 180 because I don't but I believe there's a different route of doing this we just gave a law firm ten thousand dollars for something that probably is going to get resolved by the next session before that lawsuit even goes anywhere that's number two number three I've been working with a group of mayors to sit down and literally fix the errors that some of the the legislators have admittedly said was not their intent okay so there are things in place that will get this rectified so I would greatly appreciate it I have not addressed this before because I mayors in the past have not allowed any of the campaigning shenanigans on this dais and I want to continue that it's okay to have a difference of an opinion we don't need to sit here and attack each other on social media so the same way I believe none of us on here have attacked each other on social media I'm going to request you do the same so meetings adjourned