City Commission
Regular MeetingDeltona, FL · February 17, 2025
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, February 17, 2025 6:30 PM Deltona Commission Chambers
PUBLIC FORUM: 6:00 PM - 6:30 PM
Mayor Avila opened the public forum and Randy Walker, Dana McCool, Richard Bellach,
Gale Barr, Courtney Cross-Burgos, Rose (Ana Loser), Kathy Bryan, and David Sosa
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 Mayor Avila.
2. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Avila
Vice Mayor Heriot
Commissioner Avila-Vazquez
Commissioner Colwell
Commissioner Howington
Commissioner Lulli
Commissioner Santiago
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #4 Commissioner.
Honoring Veteran - Loren King, 2nd Lieutenant (Retired) U.S. Navy
5. PRESENTATIONS/AWARDS/REPORTS:
A. Rainier Coombs, President of VEMA, will present a check to the Deltona
Firefighters Foundation from the PTSD Awareness event on December
7, 2024.
6. DELTONA COMMUNITY EVENTS:
4. ADDITIONS AND DELETIONS:
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to
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add the ratification of the Mayor's Washington D.C. trip before the
Consent Agenda for discussion.
The Commission and the City Attorney discussed the motion, motions made at the last
meeting, the meaning of the word "ratify", the motion being an option, the trip being
approved after the fact, and approving something retroactively.
The Mayor stated he did not want to put the Commission in this situation. He respectfully
appreciates someone providing him his rights.
Commissioner Santiago withdrew her motion and Vice Mayor Heriot withdrew his second.
7. CONSENT AGENDA:
Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
approve Consent Agenda Items 7-A through 7-D. The motion carried by
the following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
A. Approval of minutes of the Regular Commission Meeting of February 3,
2025, as presented.
Approved by Consent - to approve the minutes of the Regular
Commission Meeting of February 3, 2025, as presented.
B. Request for approval of Resolution No. 2025-31, Online Utility Exchange
Service Agreement to provide professional services necessary to
provide online validation of new water, sewer and reclaimed
customers.
Approved by Consent - to approve Resolution No. 2025-31.
C. Request for approval to advertise a Notice of Intent To Sale a portion
(0.02 acres +/-) of Tract N, Deltona Lakes Unit 20, currently 11.23 acres.
Approved by Consent - to approve to authorize the Notice of Intent to
Sale advertisement for a portion of Tract N, Deltona Lakes, Unit 20;
approximately 0.02 acres +/-.
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D. Request for approval of Resolution No. 2025-30 - Fiscal Year 2024 Utility
Billing and Miscellaneous Accounts Receivable Account Adjustment.
Approved by Consent - to approve Resolution No. 2025-30, Utility Billing
and Miscellaneous Accounts Receivable Account Adjustment.
8. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2025-26, requesting the acceptance for
the Eloah Estates Final Plat to facilitate a means of ingress and egress
through 2982 Howland Boulevard, zoned C-2, General Commercial, to
1000 Eloah Estates Road, zoned RM-1, Multiple Family Residential
Dwelling District, for the development of 536 apartments on
approximately 45.3 acres of land.
The Planning & Development Services Director gave a brief PowerPoint Presentation to
include Final Plat Application Request, Background, Eloah Estates History, Eloah Estates
Final Plat, and Staff Recommendation.
The Commission, staff, the applicant and City Attorney discussed the definition of final plat,
vacant property, the applicants choosing the processes, development activities,
infrastructure bond, approving both parcels, the project and number of units, no additional
requests, commercially zoned parcel, and a condition of approval to include finishing Enrico
Ridge.
Motion by Commissioner Santiago, to approve Resolution No. 2025-26,
accepting the Eloah Estates Final Plat with the conditions stated in the
Development Order.
City Attorney Good asked if the motion would also include the additional stipulation that the
applicant just made and Commissioner Santiago replied yes.
The Planning & Development Service Director asked about the additional condition of a
performance bond within five (5) to seven (7) days and Commissioner Santiago replied she
would add it to her motion.
Amended motion by Commissioner Santiago, to include a condition of
approval that the applicant finish the Enrico Ridge project and the
additional condition of a performance bond within five (5) to seven (7)
days. The amended motion failed for lack of a second.
The Commission, staff and the applicant discussed the applicant's other projects, the
applicant selling the parcels, the locations of Enrico Ridge & Thalita Terrace,
unincorporated Volusia County, rezoning option, the property zoning history, access,
leaving 15 acres untouched, pursued as straight zoning, the intent to sell, zoning in
progress, and stormwater requirements.
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Motion by Commissioner Colwell, seconded by Commissioner
Howington, to table the item until the next meeting pending the
outcome of the conversation.
Vice Mayor Heriot requested to amend the motion to include some sort of site development
when the item comes back, an outline or plan.
Amended motion by Commissioner Colwell, seconded by
Commissioner Howington, to include some sort of site development
when the item comes back, an outline or plan.
Commissioner Santiago questioned the procedure and if the applicant met all the
requirements which they did.
The Mayor opened the public hearing and Kenneth Harris, Dana McCool, Kathy Bryan,
Courtney Cross-Burgos and Richard Bellach addressed the City Commission.
Commissioner Colwell clarified his motion, to table the agenda item until there is clarity on
the other agreement to finish the other apartment complex. He is looking to enter into a
tri-party agreement between the developer, the person purchasing the development and the
City to get a confirmation that Enrico Ridge will be completed including a draft site plan.
City Attorney Good repeated the motion to defer the final plat of the Eloah Estates project
until such time as there is an agreement negotiated to finish for the Enricho Ridge project
which could take the form of a tri-party agreement between the developer, the purchaser
and the City or another form such as will accomplish the goal and that the agenda item
include a draft site plan. Mayor Avila added that it would include the bonds within seven (7)
days.
The amended motion carried by the following vote:
For: 4 - Mayor Avila, Commissioner Colwell, Commissioner
Howington, and Commissioner Santiago
Against: 3 - Vice Mayor Heriot, Commissioner Avila-Vazquez, and
Commissioner Lulli
B. Public Hearing - Resolution No. 2025-07, accepting the Final Plat for
Howland Marketplace, granting a replat of approximately 4.68-acres of
land located at 3260, 3270, 3280 Howland Boulevard to create three (3)
commercial lots, and two (2) tracts of land within the Howland
Marketplace Business Planned Unit Development (BPUD).
The Planning & Development Services Director gave a brief PowerPoint Presentation to
include Final Plat Application Request, Background, Aerial, Final Plat, Final Plat Overview,
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and Staff Recommendation.
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Lulli, to approve Resolution No. 2025-07 and accept the Final Plat for
Howland Marketplace BPUD, with the conditions stated within the
Development Order.
Mayor Avila opened and closed the public hearing as there were no public comments.
City Attorney Good read the title of Resolution No. 2025-07 for the record.
The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
C. Public Hearing - 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.
Attorney Lyman Reynolds with Roberts, Reynolds, Bedard & Tuzzio, PLLC, on behalf of the
City, discussed staff's denial of the application, this is the applicants appeal, the basis for
staffs' denial, the intent of the live local act, no unity of title, the property agreement for the
church, requiring a traffic study and approval by the Commission for the inclusion of the
church property, the application remains incomplete and staff requests to deny the
applicants appeal.
The Commission, City Attorney, Attorney Rebecca Wilson with Lowndes Law, and Attorney
Mark Watts with Cobb Cole discussed the unifying of lots, deed restrictions, the item is for
the appeal and not for the project, new zoning regulations, the timeline, and zoning in
progress.
Applicant Scott Culp with Atlantic Housing Partners spoke about prior developments,
developing affordable, the project location, the Live Local Act, surrounding facilities,
meetings with staff and the concerns, the proposed mixed use development, existing
conditions vs. proposed plan, the purchase of additional property, site plan approval vs.
administrative approval, City Ordinances and changes, doing what is best, affordability and
the project benefits.
Attorney Wilson gave a brief presentation to include the project timeline, the Live Local Act,
mixed use project, staff negotiations, submittal of final plat and final site plan, F.S. 166.03
and the sufficiency letter, the status of the pending application, the zoning in progress and
notice, closing on bonds, amendments to Chapter 76, the appeal and request, equitable
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estoppels, the applicants request, and the mixed use requirement.
The Commission, City Attorney, and Attorney Wilson discussed the City's public notice
obligation, the developers obligation, the date of the deed, the requirement to close, title
search, the final plat, legal requirements and common law.
Motion by Commissioner Lulli, seconded by Commissioner Howington,
to deny the Appeal of the decision of the Director of Planning and
Development Services.
The Commission, staff and City Attorney discussed the combining of lots, communications
with the church, the difference between Live Local Act and mixed use, the relevance of the
appeal, and submittal of complete plans.
The Mayor opened the public hearing and Kathy Bryan and Tara D'Errico addressed the
City Commission.
City Attorney Good read the title of Resolution No. 2025-22 for the record.
The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
9. ACTION ITEMS:
A. Quasi-Judicial Hearing Regarding Whether Mayor Had Knowledge of
Travel Policy Before Date of Travel and that Mayor Violated Travel
Policy.
The Mayor called a recess at 8:08 p.m. and reconvened at 8:22 p.m.
City Attorney Torcivia explained the quasi-judicial process and asked that everyone who
wanted to provided testimony to please stand to be sworn in.
Each Commissioner expressed their ex-parte communications.
The Mayor opened the public hearing on the ex-parte communications and Donald
Freeman addressed the City Commission.
Each Commissioner expressed their ex-parte communications on any "fake" social media
accounts.
Commissioner Howington called for a point of order and asked that the City Attorney speak
regarding an email she sent earlier in the day. City Attorney Torcivia summarized
Commissioner Howington's email which contained questions regarding when a
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Commissioner can vote and the regulation under State Statute, whether a member who
gains or looses money can vote, repayment of travel expenses, and the Mayor's ability to
vote and preside over this matter. She provided statutes and an Attorney General's Opinion
(AGO-85-40). She spoke about the City Charter, the statutes, and the City's Code of
Ordinances.
Vice Mayor Heriot suggested proceeding with the party who made the initial
motion, then give the Mayor an opportunity to rebut and then Commissioner
questions and the Commission concurred.
Commissioner Colwell asked several questions of Mayor Avila who responded to the
questions and provided several videos as evidence.
Attorney Anthony Sabatini, on behalf of Mayor Avila, gave a broad overview of what we
believe is expected of the Commission as a whole, provide an overview of some of the
evidence and then will speak about the evidence as it comes along.
Attorney Sabatini called his first witness, Mayor Avila, and proceeded to ask him questions
which he answered.
Commissioner Avila-Vazquez spoke about the Commission’s responsibilities, the
Commission policy and procedure, the City of Deltona Policy and Procedures, the recent
travel policy not being voted on, and her travel experience. Attorney Sabatini cross
examined Commissioner Avila-Vazquez.
Commissioner Howington asked several questions of the City Clerk who responded to the
questions.
Vice Mayor Heriot asked questions of the Mayor who responded to the questions, and he
spoke about different events/functions, policies and lack of clarification.
Commissioner Howington presented several videos for evidence, and she asked Mayor
Avila and the City Clerk questions which they answered. Attorney Sabatini cross examined
Mayor Avila.
Commissioner Howington and Vice Mayor Heriot asked questions of the City Clerk who
responded to the questions.
Commissioner Lulli called Point of Order as there was a Commissioner interjecting while
another Commissioner was conducting questions and questioned the process.
Commissioner Howington called resident Elbert Bryan to the podium for questioning.
Attorney Sabatini cross examined Mr. Bryan.
City Attorney Good reminded the Commission that they too can cross examine any
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witnesses.
Attorney Sabatini continued cross examining Mr. Bryan.
Vice Mayor Heriot cross examined Mr. Bryan.
Mayor Avila clarified his request for reimbursements for travel.
Commissioner Howington continued to question Mayor Avila. Attorney Sabatini cross
examined Mayor Avila. Commissioner Howington spoke about a conversation she had with
the Mayor regarding his awareness of the travel policy.
Commissioner Lulli spoke about not approving travel for Commissioners, not being a
Commissioner in 2023, and he questioned Mayor Avila. He testified that he never
submitted travel expenses, appointed as the City’s representative to TPO (Transportation
Planning Organization), and he was aware of the policies in Teams.
Commissioner Colwell questioned Mayor Avila.
Mayor Avila opened the public hearing and Kathy Bryan, Elbert Bryan, Richard Bellach,
Carolyn Hickerson, Katherine Gallagher, Doug MacDonald, Ray Waters, and Donald
Freeman.
Motion by Commissioner Lulli, seconded by Commissioner Howington,
to continue the meeting for 30 minutes. The motion carried by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
The public hearing continued with Janet Deyette, Courtney Cross-Burgos, David Sosa,
Gale Barr, David Markle, Rose (Ana Loser), Robert Trombetta, Lindsey Briones, Yudith
Fernandez, Jeff Dinan, Jason Voelz, and Giannina Monzon.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, that the mayor violated the official travel policy.
Vice Mayor Heriot called Point of Order, that is not the item that is being discussed.
Commissioner Howington replied it is part 2, she dropped the first part. City Attorney
Torcivia read a transcript of the prior meeting.
Attorney Sabatini objected to the lack of due process and notification. They are severing a
paragraph and there is no severance clause, had knowledge and violated. Also, the
violation has a mens rea of knowingly, to of knowingly violated the policy.
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City Attorney Torcivia read the transcript of the prior meeting.
Commissioner Howington questioned if both allegations had to be met.
City Attorney Torcivia read Section 2-380 of the Code of Ordinances. The alleged violation
is required to be summarized in the motion and she read the motion again.
Amended motion by Commissioner Howington, seconded by
Commissioner Colwell, that the Mayor had knowledge of the travel
policy before the date of travel and that the Mayor violated the travel
policy. The amended motion failed by the following vote:
For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, and Commissioner Lulli
Against: 3 - Mayor Avila, Vice Mayor Heriot, and Commissioner Santiago
City Attorney Torcivia clarified that the motion required a supermajority vote so the motion
failed.
10. CITY ATTORNEY COMMENTS:
11. CITY MANAGER COMMENTS:
The City Manager thanked his old Mayor Randy Walker from Garden City, Michigan who is
the longest serving Mayor in the history of the City. Six (6) months ago when he decided to
come down here he had no idea this would be the meeting he would come to.
12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS:
Commissioner Colwell requested a workshop on the TNR (Trap Neuter Release) program.
Vice Mayor Heriot requested that the Commission Travel Policy be brought back
to the Commission for review and updates within the next 30 days. He amended
the request to include all travel policies related to staff and elected officials to be
brought before the Commission for a vote.
Mayor Avila amended the request to include all policies over two (2) years be renewed and
to have a renewal schedule.
The Commission concurred with Vice Mayor's request.
Vice Mayor Heriot asked for a full review of all the policies, an index of all the
policies to include dates and anything over two (2) years to come back for a
review and the Commission concurred.
Commissioner Lulli gave a report on the TPO (Transportation Planning Organization).
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Commissioner Lulli requested that the TPO board summary and the 2025 call for
projects memorandum be distributed to all the Commission and the Commission
concurred.
Commissioner Lulli requested to bring back before the Commission the City
Commission Operating Guidelines with the modification to include that special
board reports, TPO and Team Volusia, be added to the agenda as a link and the
Commission concurred.
Commissioner Lulli spoke about native landscaping, reviewing public comments and
responding accordingly.
Commissioner Howington spoke about the Team Volusia Executive Committee Meeting.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
extend the meeting another twelve minutes. The motion failed by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
Commissioner Howington continued to speak about the Team Volusia Executive
Committee Meeting.
Commissioner Howington requested that if it is not brought back during the meeting, that
we look at recording public comments and putting it in the archives if it is not going to be
televised. So that there is a record that can be accessed in the future if needed.
Commissioner Howington asked that the Commission consider a symbolic vote of no
confidence in the Mayor based on policy violations.
The Commission and City Attorney discussed a "symbolic vote", and termination of
proceedings.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, to make a symbolic vote of no confidence for the Mayor vote of
no confidence in the mayor that is not specifically related to the last
item.
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The Commission discussed the prior proceedings, moving forward, and being judged
twice.
The motion failed by the following vote:
For: 3 - Commissioner Colwell, Commissioner Howington, and
Commissioner Lulli
Against: 4 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, and Commissioner Santiago
Commissioner Santiago spoke about moving forward, letting it go, progressing the City,
work on infrastructure, work on stormwater, landscaping, development code, going green,
commercial and downtown, stop the politics and move forward.
Mayor Avila requested permission to allow the insurance commissioner to help talk to
residents about lowering their home insurance and the Insurance Commission of Florida
using The Center for a Town Hall.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to allow the State Insurance Commission to come to the City to present
and host a Town Hall on insurance topics for Deltona residents at The
Center at no cost to the State agency. The motion carried by the
following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
13. ADJOURNMENT:
There being no further business, the meeting adjourned at 10:44 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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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 17, 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 #4 Commissioner.
Honoring Veteran - Loren King, 2nd Lieutenant (Retired) U.S. Navy
Background: N/A
4. ADDITIONS AND DELETIONS:
5. PRESENTATIONS/AWARDS/REPORTS:
A. Rainier Coombs, President of VEMA, will present a check to the Deltona
Firefighters Foundation from the PTSD Awareness event on December 7,
2024.
Background: VEMA (Veterans Enforcers Motorcycle Association) partnered with the
City of Deltona for the PTSD Awareness event. The money raised was
shared by VEMA with the Deltona Firefighters Foundation.
6. DELTONA COMMUNITY EVENTS:
7. CONSENT AGENDA:
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A. Approval of minutes of the Regular Commission Meeting of February 3, 2025,
as presented.
Background: N/A
B. Request for approval of Resolution No. 2025-31, Online Utility Exchange
Service Agreement to provide professional services necessary to provide online
validation of new water, sewer and reclaimed customers.
Background: The City issues utility bills for water, sewer, and reclaimed services to
over 36,000 customer accounts. The City’s Utility Billing division
currently collects a security deposit on all utility accounts. If
creditworthiness is not established, the City will require a customer to
deposit a sum of money to guarantee payment of all utility charges. The
City is looking to expand its use of credit checks to determine if/when a
utility security deposit should be collected. Utility Billing will provide new
customers the option to utilize a credit check to reduce their security
deposit amount based on their credit history.
The benefit to the City by selecting this service should be reflected in
the reduced number and amount of aged receivables outstanding. In
addition, as this is an integrated service, the City water, sewer and
reclaimed utility accounts will utilize the collection services and / or
accounts receivable management services offered.
Per Resolution 2021-11 - “Procurement Policies and Procedures
Manual”, Section 4.07 Sole Source Purchases, Online Utility Exchange
is the only provider of such services that integrates with our EERP
Munis Utility Billing CIS software. The sole source justification was
posted as required and there were no comments received.
For new service, the per transaction fee, will be passed to all new
customers when establishing service. The increase in the new account
fee will be incorporated as part of the fee resolution when brought
before the Commission no later than May. For accounts sent to
collections all pass through fees shall be incurred by the customer.
C. Request for approval to advertise a Notice of Intent To Sale a portion (0.02
acres +/-) of Tract N, Deltona Lakes Unit 20, currently 11.23 acres.
Background: The property owner of 658 Copper Beech Boulevard, Lot 42 in the Twin
Lakes At Deltona Unit 1 Subdivision has inquired about purchasing
approximately .02 acres of Tract N, Deltona Lakes Unit 20 to combine
with their property. Tract N is not impacted by wetlands or FEMA Flood
Zone.
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658 Copper Beech Boulevard was not platted as a typical lot in the
subdivision and has a peculiar lot layout. This lot layout leaves little
usable property in the rear of the lot.
The property owner of 658 Copper Beech Boulevard has requested
consideration of purchasing a small portion of Tract N to combine with
their property creating a more rectangular property layout.
D. Request for approval of Resolution No. 2025-30 - Fiscal Year 2024 Utility
Billing and Miscellaneous Accounts Receivable Account Adjustment.
Background: Throughout each fiscal year, the City accumulates various types of
uncollectible revenue as a result of accounts being terminated,
individuals filing for bankruptcy, businesses becoming inactive, or
balances being outstanding over 180 days. These amounts are subject
to write-off at the end of each fiscal year.
This process is an accounting procedure following the Generally
Accepted Accounting Principles (GAAP), which lays the framework of
accounting practices in the U.S. In applying GAAP accounting
principles, the act of writing off outstanding account balances is a
necessary accounting function that leads to an accounting adjustment
on the City’s Financial Statements to accurately show the outstanding
balance and the expectation of that timely collection is unlikely. If a
customer’s account has been written off as uncollectible on the City
Financial Statements, this does not erase or forgive the debt. The City
can and does collect some portion of the amount owed by those
customers through several methods. If it is an owner-occupied location,
liens can be filed with the Clerk of Court and will be per the Write-Off of
Uncollectible Accounts Policy of 2025. These liens are typically
satisfied when the property is conveyed. For tenant accounts, when the
customer requests new utility services, we attempt to collect any
outstanding balance prior to establishing a new service.
The City provides utility services to over 38,000 customers and the
monthly billing is settled in arrears (after usage has occurred). Since
services are provided before receiving payment, inevitably, the City has
customers that do not pay for the services provided. When this occurs,
staff reaches out to the customer to try to collect the outstanding
payment, including follow-up notices to remind them of the outstanding
balance and encourage payment. However, the longer the customer
account goes without payment, the less likely that any payment will be
received. There has been no request submitted to the Commission for
a write-off (accounting adjustment) since 2006. The amount requested
for adjustment is $1,996,632.17 as of January 29, 2025. This amount
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changes daily as accounts might be paid prior to the Commission’s
action. The outstanding amount includes:
· 11,122 accounts (8,333 tenants, 2,778 owners and 11
contractors)
· Tenant accounts of $1,582.467.30
· Owner accounts of $326.201.55
· Contractor accounts of $87,963.32
· The average delinquency is $179.52
· Accounts over $1,000 - 268 accounts
· It represents less than 0.86% of our annual billings for utility
services.
· The last request for write-offs was in 2006 for accounts from
2004.
Additionally, the City provides various services to individuals within
Deltona, from fire inspection services, hazardous use permits, and
business tax receipts (BTRs). The amount requested for adjustment of
$129,492.53 includes $93,073.04 in penalty and reinspection fees.
Between fiscal years 2012 and 2023 there were 599 invoices for
Miscellaneous Receivables.
An "acceptable" write-off percentage of accounts receivable varies
based on industry and company specifics, but generally, a percentage
between 1% and 5% of total accounts receivable is considered
reasonable, with older, past-due receivables carrying a significantly
higher write-off rate depending on the aging schedule used.
The total adjustments of $2,126,124.70 can be found in Exhibit A.
Accounts that are less than six and half years old, will be sent to
collections to assist with collections of all outstanding accounts.
Staff is implementing several new initiatives to help minimize future
write-offs, such as implementing two new policies regarding Write-Off
of Uncollectible Accounts Policy, and Procedure for Returned Checks.
Contracting with a collection agency to assist with collections of aged
accounts. Finally, seeking Commission approval to work with a
company that provides credit-based decisions for utility deposits and is
a utility specific collections company. This company is a sole-source
integrated provider with our ERP solution, Tyler Munis. All these steps
have the overall goal of minimizing future accounts receivable for
write-off.
8. ORDINANCES AND PUBLIC HEARINGS:
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A. Public Hearing - Resolution No. 2025-26, requesting the acceptance for the
Eloah Estates Final Plat to facilitate a means of ingress and egress through
2982 Howland Boulevard, zoned C-2, General Commercial, to 1000 Eloah
Estates Road, zoned RM-1, Multiple Family Residential Dwelling District, for the
development of 536 apartments on approximately 45.3 acres of land.
Background: The Eloah Estates Final Plat encompasses approximately 45.3 acres
of vacant land. It will feature 536 apartment units at 1000 Eloah Estates
Drive, with access provided through a C-2 General Commercial
property at 2982 Howland Boulevard. The application was initially
submitted on March 25, 2024, and after four review cycles, both staff
and the consultant have confirmed that the plat complies with Florida
Statutes 177 and Chapter 106 of the City’s Land Development Code.
For additional details, please refer to the Staff Report.
B. Public Hearing - Resolution No. 2025-07, accepting the Final Plat for Howland
Marketplace, granting a replat of approximately 4.68-acres of land located at
3260, 3270, 3280 Howland Boulevard to create three (3) commercial lots, and
two (2) tracts of land within the Howland Marketplace Business Planned Unit
Development (BPUD).
Background: The Final Plat application seeks approval to replat land located at the
corner of Howland Boulevard and Forest Edge Drive. The parcels were
rezoned to BPUD in 2022 under Ordinance No. 17-2022. The DRC
approved the Preliminary Plat on September 19, 2024, allowing the
applicant to begin installing utilities and clearing the site. The Final Plat
application complies with Florida Statutes 177, the City’s Land
Development Code, Comprehensive Plan, and the Development
Agreement for Howland Marketplace BPUD.
The applicant has now submitted a Final Site Plan for a Chipotle and
two retail stores on Lot 1 of the Plat. Once the Final Plat is approved,
the applicant can move forward with the Building Permit Process for Lot
1.
C. Public Hearing - 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.
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
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City Commission Regular Commission Meeting February 17, 2025
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.
9. ACTION ITEMS:
A. Quasi-Judicial Hearing Regarding Whether Mayor Had Knowledge of Travel
Policy Before Date of Travel and that Mayor Violated Travel Policy.
Background: At the Regular Commission Meeting held on February 3, 2025, the City
Commission voted to hold a quasi-judicial public hearing to determine
whether the Mayor had knowledge of the City Commission travel policy
before his travel to Washington, DC, in January 2025, and that the
Mayor violated the City Commission travel policy with respect to the
January 2025 Washington, DC trip. The City Commission discussed
potential public censure of the Mayor if he was found to have had
advance knowledge of the policy and violated the policy.
The City Code of Ordinances provides the following guidance:
“ARTICLE IX. SANCTIONS FOR CHARTER VIOLATION”
Sec. 2-380. Violations.
If a city commissioner is found, after a hearing as set forth herein,
to have violated any provision of the Deltona City Charter, such
commissioner shall be subject to sanctions as set forth in section
2-381. A violation may be brought forward by either a city
commissioner or a charter officer of the city. A charge of violation shall
be initiated by motion of a member of the city commission who shall
summarize the alleged violation in the motion. All city commissioners,
including the commissioner charged with a violation, may take part in
and vote as to all matters relating in any way to the charge. If a majority
of the city commission votes to have the charge heard, consideration of
the alleged violation shall be placed on an upcoming agenda by the city
manager for a formal quasi-judicial hearing. The city attorney shall
advise the city commission as to the proper procedures for the conduct
of the quasi-judicial hearing. The burden of proof at the quasi-judicial
hearing for consideration of the charge shall be "clear and convincing
evidence". A finding of guilt shall only be upon the affirmative vote of a
super-majority of the entire city commission.
(Ord. No. 16-2014, § 1, 6-16-2014)
Sec. 2-381. Sanctions.
Possible sanctions under this article shall include one or more, in
any combination, of the following as deemed appropriate by a simple
majority of the commissioners present at the meeting when the charge
is considered: i) public censure; ii) forfeiture of pay for a specific time
period; iii) suspension of privilege to take part in ceremonial portions of
meetings for a specific time period; iv) suspension of access to
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City Commission Regular Commission Meeting February 17, 2025
controlled-access portions of city hall for a specific period of time; v)
suspension of right to represent the city at public functions for a specific
time period; vi) removal or suspension for a specific time period from
any ceremonial positions (such as city representative to a particular
agency); and/or vii) finding of malfeasance or misfeasance in office with
request to be made to the Governor to suspend the commissioner from
office under F.S. § 112.51.
(Ord. No. 16-2014, § 1, 6-16-2014)”
If the City Commission finds the Mayor guilty by clear and convincing
evidence, by a super-majority of the entire city commission (5 votes),
they can choose to vote for sanctions as provided in Sec. 2-381
(above). If the City Commission moves to sanction the Mayor, the
motion must be approved by simple majority.
10. CITY ATTORNEY COMMENTS:
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
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City Commission Regular Commission Meeting February 17, 2025
accommodations can be provided.
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.
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