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City Commission

Regular Meeting

Deltona, FL · February 3, 2025

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, February 3, 2025 6:30 PM Deltona Commission Chambers PUBLIC FORUM: 6:00 PM - 6:30 PM Vice Mayor Heriot opened the public forum and Richard Bellach, Former Vice Mayor Storozuk, Elbert Bryan, Kathy Bryan, Donald Freeman, Former Commissioner Dana McCool, Courtney Cross-Burgos, Rose (Ana Loser), and Elizabeth Chavez addressed the City Commission. BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Vice Mayor Heriot. 2. ROLL CALL – CITY CLERK: Present: 5 - Vice Mayor Heriot Commissioner Avila-Vazquez Commissioner Colwell Commissioner Howington Commissioner Santiago Absent: 2 - Mayor Avila Commissioner Lulli 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #3 Commissioner. National Anthem - Melodi Aviles Honoring Veteran - Rainer(Ray) Coombs 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - VSO End of Year Review presented by Captain McKnight. B. Presentation on the budget process. 6. DELTONA COMMUNITY EVENTS: 4. ADDITIONS AND DELETIONS: City of Deltona Page 1 Printed on 10/6/2025 City Commission Minutes February 3, 2025 City Attorney Torcivia requested that Item 8-B be deferred to the February 17th Regular Commission Meeting. Commissioner Howington requested that the Commission discuss the Mayor's travel to Washington D.C. and she has made this request twice over the weekend. City Attorney Good stated if the Commission would like to consider a new agenda by motion the item can be added for discussion, but since the item was not noticed the Commission cannot take any formal action. Motion by Commissioner Howington, that the Commission discuss the Mayor's travel to Washington D.C. The motion died for lack of a second. 7. CONSENT AGENDA: Motion by Commissioner Avila-Vazquez, seconded by Commissioner Santiago, to approve Consent Agenda A-F. For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago A. Approval of minutes of the Regular Commission Meeting of January 21, 2025, as presented. Approved by Consent - to approve the minutes of the Regular Commission Meeting of January 21, 2025, as presented. B. Request approval of Resolution No. 2025-23, authorizing a change order for PO #250489, for additional services provided by AXIS Infrastructure to review, transmit, and adopt the City’s Comprehensive Plan update. Approved by Consent - to approve Resolution No. 2025-23, allowing for a change order in the amount of $65,675.00, for AXIS Infrastructure to complete the City’s Comprehensive Plan update. C. Request for approval of Resolution 2025-27 approving work authorization of construction services for the Owner-Occupied Rehabilitation Program utilizing Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) funds for the Owner-Occupied Repair Projects. Approved by Consent - to approve Resolution 2025-27 approving work authorization of construction services for the Owner-Occupied Rehabilitation Program utilizing Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) funds. City of Deltona Page 2 Printed on 10/6/2025 City Commission Minutes February 3, 2025 D. Request for approval of Resolution No. 2024-71, declaring Zoning in Progress regarding amendments to the Land Development Code Article IV, Stormwater Management. Approved by Consent - to declare Legislation in Progress and approve Resolution No. 2024-71. E. Retention of Outside Counsel Related to Live Local Act. Approved by Consent - to adopt Resolution No. 2025-28. F. Requests for recognitions for the month of February. Approved by Consent - to approve the requested recognitions for the month of February. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Request for approval of Ordinance No. 08-2025 to Amend Firefighters’ Pension Plan DROP Age, at second reading. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Howington, to approve Ordinance No. 08-2025 to increase the age limit for DROP eligibility from 60 to 65 years of age, at second reading. The City Attorney read the title of Ordinance No. 08-2025 for the record. Vice Mayor Heriot opened the public comments and Terri Ellis addressed the City Commission. The motion carried by the following vote: For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago B. Public Hearing - Request for approval of Resolution No. 2025-22, Hearing an Appeal to permit a multi-family project “Howland Station” within the General Commercial District (C-2) located at 1600, 1620, 1625, 1630 and 1635 Dr. Martin Luther King Jr Boulevard and 3015 Howland Boulevard, within the City of Deltona; providing conditions, conflicts, severability and an effective date. This item was deferred to the February 17th Regular Commission Meeting. C. Public Hearing - Request for approval of Ordinance No. 05-2025, amending Section 110-319, “PUD, Planned Unit Development,” to update application requirements by incorporating enhanced architectural, City of Deltona Page 3 Printed on 10/6/2025 City Commission Minutes February 3, 2025 landscaping, and environmental standards in the City’s Land Development Code, at first reading. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Howington, to approve the item. City Attorney Good read the title of Ordinance No. 05-2025 for the record. Vice Mayor Heriot opened the public comments and Kim Booker, Former Vice Mayor Storozuk, and Former Commissioner McCool addressed the City Commission. The motion carried by the following vote: For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago 9. ACTION ITEMS: A. Request for approval of Resolution No. 2025-25, Extending the Zoning in Progress regarding amendments to the Land Development Code Section 110-319 PUD, Planned Unit Development to establish criteria to achieve exceptional quality community designs Motion by Commissioner Howington, seconded by Commissioner Santiago, to extend the Legislation in Progress and approve Resolution No. 2025-25. City Attorney Good read the title of Resolution No. 2025-25 for the record. Vice Mayor Heriot opened and closed the public comments as there were none. The motion carried by the following vote: For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago 10. CITY ATTORNEY COMMENTS: 11. CITY MANAGER COMMENTS: The City Manager spoke about the online comment card as brought up by a resident. Also, staff will be meeting with the St. Johns River Water Management District (SJRWMD) to discuss a number of ways to reduce the City's flooding. 12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS: Commissioner Santiago spoke about social media drama, flooding, moving forward positively, and supporting Charter Officers. City of Deltona Page 4 Printed on 10/6/2025 City Commission Minutes February 3, 2025 Commissioner Howington spoke about Deltona Panthers end of year awards, My Deltona Magazine launch party, IEMO (Institute of Elected Municipal Officers) training, drainage ditch mowing bid, employee handbook, HR (Human Resources) training for employees, policy violations and ramifications. City Attorney Torcivia stated the Commission can ratify the action after the fact in this case. Commissioner Howington spoke about discussing the Mayor's recent travel, elected officials not following policy, and making a stand. Motion by Commissioner Howington, seconded by Commissioner Colwell, to have a discussion about what everyone up here thinks. Commissioner Colwell asked if the Commission could have a consensus to have action taken under Commission Comments and City Attorney Torcivia replied you could request an action item to be added to the next agenda that could be noticed. Commissioner Colwell asked if the Commission could get consensus on items that they will be discussing under Commission Comments and City Attorney Torcivia replied it has been the previous practice of this Commission to do so, so based on that yes. Commissioner Colwell spoke about the travel policy and previous out of state travel. Commissioner Colwell requested a consensus for a vote of no confidence on the Mayor's actions. Commissioner Howington stated she will second the request, but she also wanted to make a motion to include repayment. The City Manager explained the process that has taken place recently. Commissioner Colwell requested a consensus of the Commission to have the topic of the Mayor's travel to Washington D.C. placed on the next agenda with the proper notice. The City Attorney and Commission discussed requesting a consensus, notice, past practice, constant changes to policies. Commissioner Avila-Vazquez requested a consensus to have the issue regarding the Mayor's travel decided today, accountability, and the City Charter. City Attorney Torcivia read the City's Code of Ordinances, Chapter 2, Article IX. Sanctions for Charter Violation which outlines the process. The Commission can take a symbolic vote tonight, but they cannot hold the formal quasi-judicial hearing tonight. For this particular situation there must be a motion which outlines the alleged violations and a majority vote so it can be heard at a future meeting for the formal quasi-judicial hearing. City of Deltona Page 5 Printed on 10/6/2025 City Commission Minutes February 3, 2025 Motion by Commissioner Colwell, seconded by Commissioner Howington, to be place on the February 17th Regular Commission Meeting that Mayor Avila was aware of the policies and procedures of the City of Deltona when he went, as this is the second time he has done it. Amended motion by Commissioner Howington, seconded by Commissioner Colwell, that all out of state travel was to be approved by majority vote of the Commission. We are all held accountable to each other and we are held accountable to our residents and that should be added as part of the violation. The travel policy was not adhered to this is a policy issue. Vice Mayor Heriot opened the public comments and Elizabeth Chavez, Former Vice Mayor Storozuk, Richard Bellach, Courtney Cross-Burgos and Elbert Bryan addressed the City Commission. The motion carried by the following vote: For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago Motion by Commissioner Colwell, Commissioner Howington, to request that Mayor Avila's credit card and use of the vehicle be revoked until the next meeting, February 17th, and suspend any reimbursements for his trip to D.C. or ask for reimbursement until this matter is resolved, pending the return of the car. The motion carried by the following vote: For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, and Commissioner Santiago Vice Mayor asked if there was a process to do this and City Attorney Torcivia replied the Commission can through consensus as per practice suspend activities pending the City of Deltona Page 6 Printed on 10/6/2025 City Commission Minutes February 3, 2025 outcome of the hearing, but she would urge the Commission not to take any action that would be considered final action. The City Manager stated the Mayor had a list of meetings today with a number of different elected officials that represent our area in Tallahassee and with the City's Lobbyist. The motion carried by the following vote: For: 4 - Vice Mayor Heriot, Commissioner Avila-Vazquez, Commissioner Colwell, and Commissioner Howington Against: 1 - Commissioner Santiago Vice Mayor Heriot spoke about Item 9-A, zoning in progress. 13. ADJOURNMENT: There being no further business, the meeting adjourned at 8:15 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 7 Printed on 10/6/2025

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Heriot Commissioner Avila-Vazquez Commissioner Colwell Commissioner Howington Commissioner Lulli Commissioner Santiago Monday, February 3, 2025 6:30 PM Deltona Commission Chambers PUBLIC FORUM: 6:00 PM - 6:30 PM BUSINESS MEETING - 6:30 PM 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by District #3 Commissioner. National Anthem - Melodi Aviles Honoring Veteran - Rainer(Ray) Coombs Background: N/A 4. ADDITIONS AND DELETIONS: 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - VSO End of Year Review presented by Captain McKnight. Background: VSO final Compstat report of 2024, including overall crime statistics for the year. Several high-profile cases in Deltona will be highlighted, including success stories from the license plate reader technology (LPR). Discussion of VSO goals and objectives for Deltona in 2025. B. Presentation on the budget process. Background: This presentation was requested by the City Commission at the Regular Commission Meeting held on January 21, 2025. City of Deltona Page 1 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 6. DELTONA COMMUNITY EVENTS: 7. CONSENT AGENDA: A. Approval of minutes of the Regular Commission Meeting of January 21, 2025, as presented. Background: N/A B. Request approval of Resolution No. 2025-23, authorizing a change order for PO #250489, for additional services provided by AXIS Infrastructure to review, transmit, and adopt the City’s Comprehensive Plan update. Background: In 2023, AXIS Infrastructure outlined a scope of services for RFP#23003, which encompassed the following: 1. Analyzing the current City data, including documents such as the Strategic Plan, Comprehensive Plan, Vision Deltona 2026, Land Development Code, and other relevant materials. 2. Facilitating public engagement and outreach by hosting workshops for appointed officials and the general public. 3. Compiling and analyzing feedback from the public engagement process. 4. Developing the community-driven Deltona Vision 2050 Roadmap. The Phase 2 deliverables from AXIS include the review, transmission, and adoption of the City’s Comprehensive Plan. The following elements will be reviewed and updated: 1. Future Land Use 2. Transportation 3. Conservation 4. Recreation and Open Space 5. Infrastructure 6. Housing 7. Capital Improvements 8. Intergovernmental Coordination 9. Property Rights 10. Economic Development and Redevelopment (new element) 11. Possible Resiliency Element (new element) The consultant will conduct public engagement to allow the public to review the draft plan, including interactive activities to help prioritize actions for implementation. Once this public engagement process is complete, staff will review and provide comments. The plan will then be presented to the Planning and Zoning Board, followed by the City of Deltona Page 2 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 Commission, before being submitted to the Department of Economic Opportunity (DEO) for review. The DEO will provide feedback or edits, which the consultant will incorporate before the final adoption hearing of the new Comprehensive Plan by the City Commission. C. Request for approval of Resolution 2025-27 approving work authorization of construction services for the Owner-Occupied Rehabilitation Program utilizing Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) funds for the Owner-Occupied Repair Projects. Background: The City is an entitlement community and receives funds from the Florida Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) program. The City administers a SHIP approved program known as Owner Occupied Rehabilitation (OOR). The OOR program assist residents with home repairs. Staff has determined the households/properties below should be considered “extremely very low income” or “very low” income, based on income and household size (number of people residing in the house). The income thresholds are predicated on area median income data derived from the Deltona, Daytona Beach, and Ormond Beach Municipal Statistical Area (MSA). The SHIP income approved properties , and allocated amounts are: 1942 Saxon Blvd - $53,482 .15, 1738 Hernando Ave - $55 ,404.00, 2691 Beal Street - $53,200 .00 2655 Beal Street - $51 ,200.00 The properties referenced will utilize funds budgeted as part of the FY 2024/2025 SHIP adopted budget . Information related to each scope of work is attached. Each awardee (contractor) was the lowest bidder, for each of the above referenced properties. The State funds invested in these properties will be subject to a non-interest-bearing lien for 15 -years. The lien will be forgiven should the present owners remain in their properties for the 15-year life of the lien. D. Request for approval of Resolution No. 2024-71, declaring Zoning in Progress regarding amendments to the Land Development Code Article IV, Stormwater Management. Background: Zoning in progress is a legal status that is created when a change to a local government’s zoning code is proposed. The purpose of zoning in progress is to prohibit development that will not conform to the City of Deltona Page 3 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 proposed changes. Because this status does not require final legislative action by the governing body of the local government, it either expires upon the failure of the governing body to adopt the proposed legislation or becomes law upon adoption of the changes. The local government announces its intention of changing the zoning code. At that time, the proposed changes are enforceable against new zoning applications not yet filed with the local government. All existing applications continue to be governed by the law in effect at the time the application was originally filed. E. Retention of Outside Counsel Related to Live Local Act. Background: In 2023, the State of Florida adopted the "Live Local Act,” which made various changes and additions to affordable housing related programs and policies at both the state and local level. The Act was subsequently amended in 2024, and some provisions and applications of the Live Local Act have uncertain consequences at the local level that have yet to be settled as a matter of law. In light of this, the City desires to retain the services of Roberts, Reynolds, Bedard & Tuzzio, PLLC to to serve as outside counsel and participate in litigation for the City on matters related to the Live Local Act. Roberts, Reynolds, Bedard & Tuzzio, PLLC will be supervised by the City Attorney's Office. F. Requests for recognitions for the month of February. Background: Per the City Recognition Policy adopted by the City Commission at the Regular Commission Meeting held on Monday, June 17, 2024, the following recognitions are being requested for the month of February: 1. Government Finance Professional’s Week ~ March 17th- 21st 2. Deltona Youth Soccer Club, U14 Boys Soccer Team 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Request for approval of Ordinance No. 08-2025 to Amend Firefighters’ Pension Plan DROP Age, at second reading. Background: The City of Deltona and Deltona Professional Fire Fighters, IAFF Local 2913, have negotiated changes to the Firefighters’ Pension Plan as outlined in Article 34 of the current Collective Bargaining Agreement to increase the age limit for Deferred Retirement Option Plan (DROP) eligibility from 60 to 65 years of age. This change will take effect as soon as practical following the final ratification of the Ordinance. B. Public Hearing - Request for approval of Resolution No. 2025-22, Hearing an Appeal to permit a multi-family project “Howland Station” within the General Commercial District (C-2) located at 1600, 1620, 1625, 1630 and 1635 Dr. City of Deltona Page 4 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 Martin Luther King Jr Boulevard and 3015 Howland Boulevard, within the City of Deltona; providing conditions, conflicts, severability and an effective date. Background: Pursuant to City of Deltona Land Development Code Sections 74-5(g) and 110-1002, conduct a public hearing on an appeal of the Director of Planning and Development Services denying an application for Final Site Plan approval to permit a multi-family project “Howland Station” within the General Commercial District (C-2) and require the applicant resubmit under Ordinance 02-2025. C. Public Hearing - Request for approval of Ordinance No. 05-2025, amending Section 110-319, “PUD, Planned Unit Development,” to update application requirements by incorporating enhanced architectural, landscaping, and environmental standards in the City’s Land Development Code, at first reading. Background: Staff presented proposed changes to Chapter 110-319, Planned Unit Developments, to the Commission during a workshop on January 13, 2025. The section has been revised to incorporate the changes requested by the Commission during that workshop. The Commission had previously requested an update to Section 110-319 on May 7, 2024, and this section of the LDC was last updated on February 3, 2014. A Zoning in Progress has been initiated for PUDs in the City of Deltona, and an extension is being requested tonight to allow adequate time for the approval of this Ordinance. 9. ACTION ITEMS: A. Request for approval of Resolution No. 2025-25, Extending the Zoning in Progress regarding amendments to the Land Development Code Section 110-319 PUD, Planned Unit Development to establish criteria to achieve exceptional quality community designs Background: On October 7, 2025, the City Commission approved Resolution No. 2025-25, which declared a zoning in progress for Chapter 110-319, PUD - Planned Unit Development, within the City’s Land Development Code, for a period of 120 days. Staff is now requesting an additional 90-day extension to the zoning in progress from the adoption of this Resolution to allow time for revisions, further study, public hearings, and the preparation and adoption of necessary updates. The City Commission has determined that it is in the best interest of the City to continue the “zoning in progress” on these matters, and any applications, inquiries, or submissions will be subject to the final determinations made by the City Commission. 10. CITY ATTORNEY COMMENTS: City of Deltona Page 5 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 11. CITY MANAGER COMMENTS: 12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS: 13. ADJOURNMENT: CONTINUATION OF PUBLIC FORUM *This is only for individuals who submitted a request to speak form during the 6:00 p.m. Public Forum and were not afforded the opportunity to speak. 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. City of Deltona Page 6 Printed on 1/30/2025 City Commission Regular Commission Meeting February 3, 2025 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. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. 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. City of Deltona Page 7 Printed on 1/30/2025

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