City Commission
Regular MeetingDeltona, FL · March 3, 2025
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, March 3, 2025 6:30 PM Deltona Commission Chambers
PUBLIC FORUM: 6:00 PM - 6:30 PM
The Mayor opened the public comments and Richard Bellach, Lori Warnicke, Kathy Bryan,
Gale Barr, Dana McCool, Commissioner007, Mike Williams, 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: 6 - Mayor Avila
Vice Mayor Heriot
Commissioner Colwell
Commissioner Howington
Commissioner Lulli
Commissioner Santiago
Absent: 1 - Commissioner Avila-Vazquez
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by District #5 Commissioner.
Honoring Veteran -
4. ADDITIONS AND DELETIONS:
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Government Finance Professional’s Week ~ March 17th -
21st
Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
approve the Proclamation. The motion carried by the following vote:
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For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
6. DELTONA COMMUNITY EVENTS:
7. CONSENT AGENDA:
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to
approve all items on the Consent Agenda as submitted.
Commissioner Colwell requested to pull four (4) items off the Consent Agenda for
discussion.
The Mayor asked if Commission Santiago wanted to amend her motion and she replied no.
Commissioner Howington requested to pull two (2) items off the Consent Agenda for
discussion.
The Mayor asked if Commission Santiago wanted to amend her motion and she replied the
Commission can speak after the motion has been placed.
Commissioner Colwell called point of order and asked for the City Attorney's opinion. City
Attorney Torcivia clarified the question and she stated that it is the practice of this
Commission to be able to pull items off the Consent Agenda for discussion. This is not a
Roberts Rules of Order question, but a practice question. As practice, the Commission as
a body has elected to pull items when requested. Nobody has had to vote to have items
pulled. The items can still be pulled and discussed regardless of the motion and the
second. Commissioners do have the right to discuss public items which involves public
funds of which the Commissioners are stewards.
Commissioner Colwell requested to pull Items 7-D, 7-E, 7-F, and 7-I for discussion.
The Mayor asked if Commission Santiago would be willing to amend her motion and she
replied she wanted to keep the motion and if it fails the items can be pulled.
Commissioner Howington requested to pull Items 7-E and 7-I for discussion.
The Mayor asked Commissioner Santiago to amend her motion to approve all except Items
7-D, 7-E, 7-F, and 7-I.
Vice Mayor Heriot retracted his second.
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Amended motion by Commissioner Santiago, seconded by Vice Mayor
Heriot, to approve it and we can discuss D, E, F and I. The motion
carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
A. Approval of minutes of the Regular Commission Meeting of February
17, 2025, as presented.
Approved by Consent - to approve the minutes of the Regular
Commission Meeting of February 17, 2025, as presented.
B. Request for approval of Resolution No. 2025-43 purchase of two (2)
replacement 6” High Head Emergency Portable Pumps from Thompson
Pump located in Port Orange, Florida in the amount of $181,805.
Purchase price includes the pump purchase and additional suction
hoses. This purchase is based on the Florida Sheriff’s Association
Cooperative Purchase Program; Contract FSA23-EQU21.0 - Equipment;
Item 317; Contract Effective October 1, 2024 - September 30, 2025.
Approved by Consent - to approve Resolution No. 2025-43.
C. Request for approval of Resolution No. 2025-44 purchase of four (4) new
6” High Head Emergency Portable Pumps from Thompson Pump
located in Port Orange, Florida in the amount of $298,902.00. Purchase
price includes the pump purchase and additional suction hoses. This
purchase is based on the Florida Sheriff’s Association Cooperative
Purchase Program; Contract FSA23-EQU21.0 - Equipment; Item 317;
Contract Effective October 1, 2024 - September 30, 2025.
Approved by Consent - to approve Resolution No. 2025-44.
D. Request for approval of Resolution No. 2025-36, Everglades Equipment
Group, purchase of two (2) replacement Stormwater John Deere
Mowers and two (2) replacement John Deere Gator in the amount of
$75,466.68. Mowers $26,062.10 each ($52,124.20); Gators $11,671.24
each ($23,342.48) - combined total $75,466.68. The quote from John
Deere - Everglades Equipment Group is based on the Sourcewell
Grounds Maintenance Contract 031121-DAC (PG NB CG70).
The Commission and staff discussed replacement equipment, stormwater ditches and
retentions, rights-of-way, the need for a contract, and the contract term.
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The Commission and staff discussed the vendors, Menzi Muck, and the purchase order.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to approve item D on the Consent Agenda as presented.
The Mayor opened and closed the public comments as there were none.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
E. Request for approval of Resolution No. 2025-37, Menzi USA Sales,
purchase of a replacement Menzi Muck (walking excavator) M425X in
the amount of $549,227.74. Menzi USA Sales in Lakeland, Florida is the
sole source authorized distributor for the Menzi Muck Walking
Excavator for sales, parts and service.
Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to
approve the item.
The Commission and staff discussed the equipments life span, licensed staff, training,
payback period and increasing the maintenance service intervals.
The Mayor opened the public comments and Commissioner007 addressed the City
Commission.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
F. Request for approval of Resolution No. 2025-40, contract with Sea Level
Development LLC for the as necessary stormwater open ditch and
canal mowing in the amount of $89,600.
The Commission and staff discussed the award of bid and the process, mowing season
and increasing service intervals.
The Mayor opened and closed the public comments as there were none.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to move
the item. The motion carried by the following vote:
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For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
G. Request for approval of Resolution No. 2025-35, The Sandbag Store,
purchase of two (2) new Ultimate Bagger (sandbagging machines) in the
amount of $118,900. The Sandbag Store LLC is the parent company of
Burcham Baggers LLC and owns all patents, trademarks and all other
rights to the property, including full production of the Ultimate Bagger,
therefore this is a sole source purchase.
Approved by Consent - to approve Resolution No. 2025-35.
H. Request for approval of Resolution No. 2025-33, Grant Professionals Inc.
dba Brooks & Dun Grant Consulting to provide professional services
necessary to provide grant research, writing, reporting, representation,
and grant administration in an amount not to exceed $102,000.
Approved by Consent - to approve Resolution No. 2025-33.
I. Request for approval of Resolution No. 2025-29, Purchasing Policy.
Commissioner Howington spoke about approval of policies, spending authority, having a
policy workshop, the Commission retaining control, and tabling the item.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, to table the Resolution until after we have the policy workshop.
The Commission and staff discussed budget allocations, approving purchases via the
budget, the County and other cities' thresholds, operational sufficiency, updates to policies,
the history of the purchasing policy, the changes made, best practices, thresholds
throughout the state, purchasing in a sufficient manner, budget amendments and items not
in the budget, the $100,000 being for sealed bid solicitations, expediting budget approvals,
quotes and sealed bids, the threshold being low but adequate, the line item vs. the items,
negligence and trust, reasons for the threshold, the tenure of City Managers, detailed line
items, following policy, and modifying the threshold.
Commissioner Howington retracted the motion and Commissioner Colwell retracted his
second.
The Commission, staff and the City Attorney discussed the City Manager's designee and to
have the solicitation level at $100,000 and anything over $50,000 that is not per the policy
will come back to the Commission for approval.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, to approve Resolution No. 2025-29 Purchasing Policy Manual
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with an adjustment to the City Manager's threshold from $100,000 to
$50,000 and change the asterisk to state the City Manager will designate
a person that is authorized to approve any exempt purchase in their
absence.
The Mayor opened the public comments and Debbie Mize, Kathy Bryan, Elbert Bryan,
Katherine Gallagher, Commissioner007, and Virgil Ford addressed the Commission.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
J. Request for approval of Resolution No. 2025-34, declaring certain
tangible personal property owned by the City as surplus and
authorizing the City Manager to dispose of them.
Approved by Consent - to adopt Resolution No. 2025-34, declaring
certain property of the City as surplus and authorizing the sale or
disposal of such property. Upon approval of this item authorizes all
necessary actions, documents or budget transfers to facilitate
Commission approval and further authorizes the City Manager to sign
any documents necessary to further Commission approval of this item.
K. Request for approval of Resolution No. 2025-41 to purchase a modular
classroom with the approved budget funds.
Approved by Consent - to approve Resolution No. 2025-41.
L. Request for approval of Resolution No. 2025-45 to purchase fire training
props with the approved budget funds.
Approved by Consent - to approve Resolution No. 2025-45.
8. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Request for approval of Resolution No. 2025-24,
accepting the Final Plat for Phase 1 on the Vineland Reserve RPUD for a
126-lot single-family townhouse subdivision on approximately
20.3-acres of property located east of Peach Creek Drive.
City Attorney Good stated in order to preserve the published notice in the newspaper we
would like to open the public hearing and have the item deferred to a date certain in order
to allow the property posting notice to be cured without causing additional cost to the
applicant.
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Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
continue this item to the March 18th meeting.
City Attorney Good read the title of Resolution No. 2025-24 for the record.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
B. Public Hearing - Request for approval of Ordinance No. 15-2025,
establishing Chapter 43 of the City of Deltona Code of Ordinances
“Public Camping”, at first reading.
City Attorney Torcivia read the title of the Ordinance No. 15-2025 into the record and she
gave a brief summary of the item.
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to
approve Ordinance No.15-2025 at first reading to establish Chapter 43 of
the City of Deltona Code of Ordinances 'Public Camping'.
The Mayor opened the public hearing and Dana McCool and Kathy Bryan addressed the
City Commission.
The Commission and City Attorney Torcivia discussed complying with new state statute,
violations, implementing the ordinance, keeping inline with Volusia County, fines/arrests,
continuity, protecting the City from litigation, the statutory process, unpaid fines, warnings in
lieu of fines and penalties.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
C. Public Hearing - Request for approval of Ordinance No. 16-2025,
amending Chapter 2, Article IV to update the sections related to the
Debt Policy, Budget Policy and the Purchasing Policy, at first reading.
City Attorney Torcivia read the title of Ordinance No. 16-2025 for the record.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
approve the item as presented.
The Mayor opened the public hearing and Commissioner007 addressed the City
Commission.
The motion carried by the following vote:
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For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
D. Public Hearing - Request for approval of Ordinance No. 18-2025,
amending Chapter 68, Article II to update the sections related to
Customer Deposits, at first reading.
Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to
approve the item.
City Attorney Torcivia read the title of Ordinance No. 18-2025 for the record.
The Mayor opened and closed the public hearing as there were none.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
E. Public Hearing - Request for approval of Ordinance No. 13-2024,
amending the City’s Land Development Code Sections 110-300 to
110-320 of Article III, “Establishment of Classifications and Official
Zoning Map” of Chapter 110 “Zoning”, at first reading.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to approve this item.
City Attorney Good read the title of Ordinance No. 13-2024 for the record.
The Mayor opened and closed the public hearing as there were none.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
F. Public Hearing - Request for approval of Ordinance No. 04-2025,
amending the zoning code, Chapter 74 "Administration," to include
review procedures, eliminating review durations, and updated public
noticing requirements, amending Chapters 75, 106, and 110 by
removing procedures regulation in Chapter 74 of the Land Development
Code of the City of Deltona, at first reading.
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City Attorney Good read the title of Ordinance No. 04-2025 for the record.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to approve this item.
The Mayor opened the public hearing and Dana McCool and Lori Warnicke addressed the
City Commission.
The Commission, City Attorney and staff discussed setting boundaries for standing, setting
standards, the size and impact of development, too broad of a discretion, final site plan vs.
final plat, the Commission's authority remaining, required notification and public
participation, requiring infrastructure to be completed, legally subdividing areas,
performance bonds, site infrastructure, and notification costs.
The Mayor requested a workshop before second reading to determine parameters.
City Attorney Good stated when the ordinance comes back for second reading they will
provide some sample radiuses and what that would look like on a map. City Attorney
Torcivia stated this is about notification and standing is separate, the supreme court does
provide other guidance for standing.
The motion carried by the following vote:
For: 5 - Mayor Avila, Vice Mayor Heriot, Commissioner Howington,
Commissioner Lulli, and Commissioner Santiago
Against: 1 - Commissioner Colwell
G. Public Hearing - Request for approval of Ordinance No. 14-2024,
amending Section 110-810, of Article III of Chapter 110 “Zoning”, of the
Land Development Code, at first reading.
Motion by Commissioner Colwell, seconded by Commissioner
Howington, to approve the item.
City Attorney Good read the title of Ordinance No. 14-2024 for the record.
The Mayor opened and closed the public hearing as there were none.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
9. ACTION ITEMS:
A. Consideration of appointments or re-appointments of Four (4) members
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and four (4) alternates to the Planning and Zoning Board.
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to
appoint Tara D'Errico to the Planning and Zoning Advisory Board. The
motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Commissioner Colwell, seconded by Commissioner Lulli, to
appoint Andrea Cardo. The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
appoint David Stewart to the Planning and Zoning. The motion carried
by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Mayor Avila, seconded by Commissioner Santiago, to appoint
Pat Northey to the Planning and Zoning Advisory Board. The motion
carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Mayor Avila, seconded by Commissioner Lulli, to appoint
Larry French as an Alternate to the Planning and Zoning Advisory
Board. The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Commissioner Lulli, seconded by Vice Mayor Heriot, to
re-appoint Lori Warnicke. The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
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Motion by Commissioner Colwell, seconded by Commissioner Lulli, to
re-appoint Jeffrey Zlatos as an Alternate. The motion carried by the
following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Motion by Commissioner Santiago, seconded by Commissioner
Howington, to appoint Karen Neher.. The motion carried by the
following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
10. CITY ATTORNEY COMMENTS:
City Attorney Torcivia stated she has three (3) items. With respect to a letter from the State
of Florida Commission on Ethics regarding questions by Commissioner Colwell back in
November with respect to Commissioner Santiago. The document provides a detailed
analysis of the work of Commissioner Santiago and her spouse to include his role as a
County Councilman. The documents provide a clear road map, under the current situation
as of the date of the letter, when potentially a conflict could occur.
City Attorney Torcivia stated the next update is in regard to the noise ordinance and the
enforceability of it. Code Enforcement has been implementing and enforcing the ordinance
and will continue to do so. There is a difference of opinion in the enforceability with respect
to the VSO (Volusia Sheriff's Office) enforcing the ordinance. She has been working with
the VSO counsel and have come to a reasonable position. Historically, the VSO has not
enforced the ordinance, the ordinance is enforceable, and currently we are working together
to find a solution. She went over several solutions to include a criminal misdemeanor, hiring
an assistant state attorney or criminal prosecutor, an escalating fine, sending the case to
the Special Magistrate, or other municipalities practices. Her recommendation is that the
Commission direct her to draft a new ordinance to include escalating fines and at first
reading the Commission can make changes. She also recommends that the Commission
direct her to work with the State Attorney and potentially investigate the cost of hiring our
own criminal prosecutor or whatever is most cost effective.
Motion by Commissioner Colwell, seconded by Commissioner
Howington, to direct the City Attorney to amend the noise ordinance to
change it from its current penalty to an escalating fine and then the
Special Magistrate as laid out and second, to direct the City Attorney to
explore the cost of having an Assistant State Attorney (ASA) assigned
to the City and the cost of a criminal prosecutor of our own.
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Commissioner Colwell questioned how to fine rental homes without a registry and City
Attorney Good replied that will come before the Commission next month for first reading.
He has been working with staff on amending Chapter 22 Businesses to include additional
information on rental properties without running afoul of the states pre-emption. City
Attorney Torcivia clarified that the fines will be tied to the property and not the human.
The motion carried with the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
The Commission and City Attorney discussed the fine structure and when Code is
unavailable.
City Attorney Torcivia stated the third item is about the City's auto coverage which is not an
attorney function. Staff reached out to the insurance provider and she summarized their
response. Regardless of who is in the vehicle the "City" which is the designated member
has coverage as long as no exclusions apply. There is coverage for a passenger in a City
owned vehicle that is not an employee.
The City Manager stated that nobody can drive a City vehicle unless they are an employee.
The Commission, City Attorney and staff discussed posting the policy.
City Attorney Torcivia suggested posting the policy on the website under risk which can be
updated annually.
11. CITY MANAGER COMMENTS:
The City Manager stated that Item 8-A, Vineland Reserve, has been moved to the March
18th Regular Commission Meeting (RCM) and depending on a potential agreement with
Eloah Estates that may be another consideration for that meeting.
The City Clerk stated that the auto insurance policy was provided on the public records
portal back in February.
12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS:
Commissioner Santiago spoke about Discovery Elementary's Black History Month door
decoration contest, West Volusia Youth Baseball Opening Ceremony, the Wildlife Festival
at Lyonia Preserve, and the Rotary of Deltona, Orange City and DeBary River Run.
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Commissioner Howington spoke about the potential Special Commission Meeting and she
read a statement. She requested a workshop on how the meetings and agenda are done.
She spoke about the upcoming March 18th RCM, review of the Commission travel policy,
Eloah Estates final plat, impact fees, unscheduled workshops, using time wisely, adding
items to agenda, and the Charter Officer review process.
City Attorney Good stated with regards to scheduling workshops and amending the scope
of the policy workshop we would need a consensus and direction from the body.
She requested a workshop for the Charter member review process and the documentation
used for the review.
Commissioner Howington spoke about succession plans for directors and City Attorney
Torcivia replied the Commission could establish a policy that requires the City Manager to
have a succession plan at the director level. However, the Mayor is correct, we do have to
tread lightly as the Charter is very clear that the Commission sets policy. Commissioner
Howington requested to add that to the policy workshop already requested.
Commissioner Howington spoke about Transform386, what the County is doing with the
funds and the City using its funds for mitigation. She requested to add consequences to
policy violations when the Commission has their policy workshop.
City Attorney Torcivia gave a brief update on Eloah Estates which is not a standard
agreement and is usually done by a bank. It is a complex negotiation, then it needs to be
papered, their attorney has been provided the agreement and it should be good for March
18th.
Commissioner Colwell spoke about his motion and the agreement for Eloah Estates.
Commissioner Lulli spoke about the noise ordinance, land use changes, increased density
and he read a statement regarding.
Commissioner Lulli requested a consensus to allow him to work with planning
staff to create a zoning overlay in District 6 with a working title "To keep Deltona
wild overlay district" specifically targeted at areas with low or more than typical
density for the district and/or containing keystone wildlife habitat and/or contain
strategic areas for stormwater or flood plain management with a goal to define,
preserve and protect critical conservation and sociological resources.
The Mayor stated to make sure we are not stepping into the JPA (Joint Planning Area)
territory. We are working with other Councilmen regarding the future of JPA to include
Osteen residents and some Deltona leaders. He wants to make sure we do not try to
mitigate something that involves the County as well as the City.
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The Commission concurred with Commissioner Lulli's request and added
agricultural use.
Commissioner Lulli requested a consensus to bring the zoning in progress to the
Commission at the next available opportunity for the overlay. City Attorney Good replied
they can work on a zoning in progress, but the difficulty in declaring a zoning in progress at
this moment is because overlay districts are geographic in nature and we would need to
first define the geography before we could effectively declare the zoning in progress. City
Attorney Torcivia stated they will work with both Commissioner Lulli and the Planning &
Development Services Director.
Commissioner Lulli requested an update on FEMA (Federal Emergency Management
Agency) reimbursements going back 2 1/2 years for Ian, Nicole and Milton.
Vice Mayor Heriot spoke about Friendship Elementary Science Night.
Vice Mayor Heriot requested a consensus to ask staff to bring back a policy
prohibiting smoking in parks to include vaping and the Commission concurred.
Vice Mayor Heriot spoke about Collins Road and the D-Ranch.
Vice Mayor Heriot requested consensus for staff to investigate options to protect
upland eco-systems as part of the zoning in progress for the drainage chapter of
the Land Development Code (LDC) and the Commission concurred.
Vice Mayor Heriot requested a consensus to bring back at second reading Item F
to include options to expand the notification radius, what that would look like,
and passing costs onto the applicants and the Commissioner concurred.
Vice Mayor Heriot spoke about Lake Helen Osteen Road/Elkcam Blvd. intersection
flooding. Councilman David Santiago spoke about reopening the 386 funding, low hanging
fruit projects/quick hit projects and partnering with the county.
Vice Mayor Heriot requested a consensus for staff to work on what that project
would look like, to work with county staff to see what is needed for that location,
and to come up with a budget and a plan for a solution and the Commission
concurred.
Mayor Avila requested a consensus to schedule some type of meeting between
the School Board, Volusia County and the City regarding flooding by Osteen
Elementary School and the Commission concurred.
Mayor Avila spoke about Deltona Vibes, supporting organizations and the Governor's
DOGE (Department of Government Efficiency) project. City Attorney Good replied he has
received the email and the order on its face does not provide any additional oversight other
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than what the state government can currently provide which is looking at publicly available
records and through the office of the auditor/performing an audit if requested or found to be
warranted.
Mayor Avila spoke about the Mayor's Fitness Challenge and he requested a workshop on
development especially plats.
Mayor Avila requested a consensus that the City Manager, Planning &
Development Services Director and the Economic Development Director look at
some areas for a downtown overlay and the Commission concurred.
The City Manager suggested to do an all day Saturday workshop and the Commission
agreed. He also clarified the process that took place for the proposed March 10th Special
Commission Meeting.
13. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:33 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, March 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 #5 Commissioner.
Honoring Veteran -
Background: N/A
4. ADDITIONS AND DELETIONS:
5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - Government Finance Professional’s Week ~ March 17th - 21st
Background: A proclamation to recognize the week of March 17th -21st as
“Government Finance Professionals Week”. Government Finance
Professionals Week recognizes government finance professionals
throughout the State of Florida and the services they provide.
6. DELTONA COMMUNITY EVENTS:
7. CONSENT AGENDA:
A. Approval of minutes of the Regular Commission Meeting of February 17, 2025,
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City Commission Regular Commission Meeting March 3, 2025
as presented.
Background: N/A
B. Request for approval of Resolution No. 2025-43 purchase of two (2)
replacement 6” High Head Emergency Portable Pumps from Thompson Pump
located in Port Orange, Florida in the amount of $181,805. Purchase price
includes the pump purchase and additional suction hoses. This purchase is
based on the Florida Sheriff’s Association Cooperative Purchase Program;
Contract FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1,
2024 - September 30, 2025.
Background: The need for portable emergency pumps for the Stormwater Division
ensures that the City can respond quickly, efficiently & effectively to dry
down high water levels during major rain events including hurricanes.
These pump replacements (#1105 & #1106) have reached the end of
service life and both pumps have excessive run hours. These
replacements combined with the purchase of four (4) additional new
pumps and added to existing inventory allows a proactive approach to
equipment staging to those known areas of historically flooding.
C. Request for approval of Resolution No. 2025-44 purchase of four (4) new 6”
High Head Emergency Portable Pumps from Thompson Pump located in Port
Orange, Florida in the amount of $298,902.00. Purchase price includes the
pump purchase and additional suction hoses. This purchase is based on the
Florida Sheriff’s Association Cooperative Purchase Program; Contract
FSA23-EQU21.0 - Equipment; Item 317; Contract Effective October 1, 2024 -
September 30, 2025.
Background: The necessity of portable emergency pumps for the Stormwater
Division ensures that the City can respond quickly, efficiently &
effectively to draw down high water levels during major rain events
including hurricanes. These pumps added to the existing inventory
allows a proactive approach to equipment staging to those known
areas of historically flooding.
D. Request for approval of Resolution No. 2025-36, Everglades Equipment Group,
purchase of two (2) replacement Stormwater John Deere Mowers and two (2)
replacement John Deere Gator in the amount of $75,466.68. Mowers
$26,062.10 each ($52,124.20); Gators $11,671.24 each ($23,342.48) -
combined total $75,466.68. The quote from John Deere - Everglades
Equipment Group is based on the Sourcewell Grounds Maintenance Contract
031121-DAC (PG NB CG70).
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Background: The mowers (#0821 & #1341) have reached the end of service life
have increasing costly maintenance repairs. The gators (#1533 &
#1534) have reached the end of service life and both continue to
require costly maintenance resulting in extended periods out of service.
E. Request for approval of Resolution No. 2025-37, Menzi USA Sales, purchase
of a replacement Menzi Muck (walking excavator) M425X in the amount of
$549,227.74. Menzi USA Sales in Lakeland, Florida is the sole source
authorized distributor for the Menzi Muck Walking Excavator for sales, parts
and service.
Background: In April 2021, the prior Menzi Muck was taken out of service due to an
accident that left the equipment unrepairable. The Stormwater Division
had budgeted for a replacement Menzi Muck, however leadership at
that time believed that contract ditch & canal maintenance was the most
cost effective means for maintenance. In mid 2024, the City
Commission authorized the purchase of a replacement Menzi Muck
from General Fund. It was estimated cost of the Menzi Muck was
$600,000 and the quote received for the purchase is approximately
$50,000 less than anticipated.
The City of Deltona has miles of open ditches and canals that need
routine maintenance mowing and dredging to ensure positive
stormwater conveyance. There are over 50 locations that require
maintenance up to 4 times a year. A Menzi Muck walking excavator is
an ingenious high-tech piece of equipment with a patented excavator
arm which allows special applications & capabilities. This equipment
can adapt to any terrain, with ease of mobility and stability provided the
user maximum safety.
F. Request for approval of Resolution No. 2025-40, contract with Sea Level
Development LLC for the as necessary stormwater open ditch and canal
mowing in the amount of $89,600.
Background: Until receipt of the Menzi Muck the City continues to require contract
work efforts, as determined by Stormwater Division for maintenance of
open ditches and canals throughout the City of Deltona.
Purchasing advertised an Invitation to Bid #24021 - Drainage Ditch
Mowing on Demand Star and received two (2) responses. Sea Level
Development LLC quote was found to be fair and within industry
standards for the scope of work as advertised.
G. Request for approval of Resolution No. 2025-35, The Sandbag Store, purchase
of two (2) new Ultimate Bagger (sandbagging machines) in the amount of
$118,900. The Sandbag Store LLC is the parent company of Burcham
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Baggers LLC and owns all patents, trademarks and all other rights to the
property, including full production of the Ultimate Bagger, therefore this is a
sole source purchase.
Background: Each hurricane season begins the labor intensive and time-consuming
job of filling sandbags by our residents and staff. These sandbags are
used to mitigate any potential flooding that a storm may cause to
residences, businesses and City facilities. Because of the labor
involved, including detailed documentation of issuance of sandbags for
possible FEMA reimbursement the staffing levels at the sandbag
site(s) takes resources away from other important storm preparation
efforts.
This piece of equipment can fill 1,200 sandbags every hour with a crew
of only 4. The bagger has a unique bag filling system that accurately
fills and seals bags while displaying real-time production data to the
operator. The control panel takes the guess work out of high-volume
bagging. It displays the current production speed in bags-per-hour,
allowing the City to accurately validate bags filled with bags provided to
residents. This purchase includes set-up and on-site 2 day training for
Public Works operators.
During Hurricanes Ian, Nicole & Milton the City provided an estimated
25,000 sandbags to residents. This bagging equipment will provide an
opportunity before a hurricane season to have thousands of ready to
pick-up bags for our residents.
This will require an amendment to the budget that will be brought
forward as part of the mid-year budget.
H. Request for approval of Resolution No. 2025-33, Grant Professionals Inc. dba
Brooks & Dun Grant Consulting to provide professional services necessary to
provide grant research, writing, reporting, representation, and grant
administration in an amount not to exceed $102,000.
Background: The City has historically relied on each department to seek grant finding
and grant writing activities when seeking appropriate grant funding for
its projects/activities. As part of the City’s FY 2024-2025 budget had
money set aside to hire an individual to research and write grant
applications citywide. The City has been unsuccessful in finding a
qualified individual.
The City has found a company within Volusia County that specializing in
the management of the overall grant writing process including assisting
the City to maximize the benefits of grant funding. This company has a
demonstrated ability to identify high yield grant funding opportunities for
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the City, research, write, and present grant proposals to address City
priorities, including service delivery and capital infrastructure
improvements, and manage and administer grants, including reporting
support and training. The City’s goal is to hire Brooks and Dun Grant
Consulting to help the City secure funding for priority projects.
Brooks & Dun will assist the city with the following:
1. Funding needs analysis
2. Grant funding research
3. Grant proposal development
4. Grant management and grant administration
5. Grant writing
6. Grant reporting
Per Resolution 2021-11 - “Procurement Policies and Procedures
Manual”, Section 5.02 Competitive Price Quotes this contract is
exempt from competitive quotes.
I. Request for approval of Resolution No. 2025-29, Purchasing Policy.
Background: Pursuant to the Charter of the City of Deltona and Chapters 119, 218,
255, 287, 413 and 723, Florida Statutes, the City Council adopted the
current Purchasing Policy Manual on February 1, 2021, per Resolution
No. 2021-11.
The proposed Purchasing Manual is a complete rewrite of the current
approved policy in 2021. Staff worked extensively with the City
Attorney to develop this streamlined policy along with
recommendations from the National Institute of Government Purchasing
(NIGP), which staff consulted with.
This policy applies to the procurement of supplies, services, and
construction. The Policy applies to all expenditures of public funds by
the City, irrespective of the source. When the procurement involves the
expenditure of grant funds, the procurement shall be conducted in
accordance with any applicable mandatory laws and regulations of the
granting agency, whether or not they are reflected in the applicable
mandatory laws and regulations of the granting agency, are whether or
not they are reflected in the applicable ordinances or manuals. Nothing
in this Manual shall prevent any public agency from complying with the
terms and conditions of any grant, gift, or bequest which are otherwise
consistent with law.
Florida State Statute Chapter 255.065 establishes the mechanism
which enables the City of Deltona to adopt and utilize an innovative
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procurement process that is provided in this Purchasing Policy Manual.
J. Request for approval of Resolution No. 2025-34, declaring certain tangible
personal property owned by the City as surplus and authorizing the City
Manager to dispose of them.
Background: Over time, certain tangible personal property items owned by the City
become obsolete or lose their usefulness due to age, usage, upgrade,
or damage. Staff regularly compile a list of such items to present to the
Commission for approval as required by Florida Statutes. Surplus
items are disposed of by the most appropriate available means
available. The attached Resolution contains a list of items to be
declared surplus and authorizes their disposal.
Upon approval of this item authorizes all necessary actions and
documents to facilitate Commission approval and further authorizes the
City Manager to sign any documents necessary to further Commission
approval of this item.
K. Request for approval of Resolution No. 2025-41 to purchase a modular
classroom with the approved budget funds.
Background: Request approval of Resolution 2025-41 to purchase a modular
classroom for use as a classroom for training and as a rehab space at
Day Rd in the amount of $38,250 with pricing secured through
Suwannee County School District RFP 20-209. Contract pricing and
quote are attached. The addition of this portable building will provide a
designated training space, enhancing on-site instruction, operational
coordination, and overall training efficiency. This expenditure will be
funded from the $200,000 approved for training complex
enhancements of which $188,300 is available. Remaining budget after
this purchase would be $150,050.
L. Request for approval of Resolution No. 2025-45 to purchase fire training props
with the approved budget funds.
Background: Request approval of Resolution 2025-45 to purchase fire training props
from Fireblast Global for use at Day Rd in exterior live fire training
scenarios. These propane-based fire props will enhance firefighter
training by improving fire assault techniques. The total cost of this
purchase is $58,995.54, with pricing secured through GSA Contract
47QSWA20D007M.
This expenditure will be funded from the $200,000 approved for training
complex enhancements. Currently, $188,300 is available; should the
portable building purchase be approved, the available balance will be
$150,050. Then with approval of this purchase, the remaining budget
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City Commission Regular Commission Meeting March 3, 2025
will be $91,054.46.
8. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Request for approval of Resolution No. 2025-24, accepting the
Final Plat for Phase 1 on the Vineland Reserve RPUD for a 126-lot
single-family townhouse subdivision on approximately 20.3-acres of property
located east of Peach Creek Drive.
Background: The Vineland Reserve RPUD was approved in October 2016 through
Ordinance No. 24-2016, with a Development Agreement that outlined
three phases, the first of which is designated for townhomes. Phases
two and three have already been completed.
On September 21, 2023, the Development Review Committee
approved the Preliminary Plat for Vineland Reserve Phase 1, allowing
the developer to begin installing utilities and roads. The applicant is
now requesting approval for the Final Plat to be recorded, enabling the
development of 126 townhomes.
The Vineland Reserve Final Plat complies with the Code of
Ordinances, Comprehensive Plan and Chapter 177, Florida Statutes
and should be approved with the conditions noted in the staff report.
B. Public Hearing - Request for approval of Ordinance No. 15-2025, establishing
Chapter 43 of the City of Deltona Code of Ordinances “Public Camping”, at first
reading.
Background: The proposed ordinance complies with section 125.0231 Florida
Statutes, which made it impermissible, effective October 1, 2024, for
counties and municipalities to authorize or otherwise allow public
camping or sleeping at public buildings, on public grounds, property or
rights-of way, except for very particular circumstances such as for
designated recreational uses. Section 125.0231 Florida Statutes
placed the obligation on counties and municipalities to avoid violations
of the new law and failure to do so subjects those counties and
municipalities to civil action by residents of the county, owners of a
business located in the city or the Attorney General may enjoin
violations of the new law, damages including attorneys’ fees and costs
may be imposed, effective January 1, 2025.
The proposed ordinance will prohibit individuals from camping or
sleeping on public property owned by the City, unless in an area which
is specifically designated for recreational camping by the City Violating
this ordinance may result in fines and trespass charges. The proposed
ordinance also provides a complaint process to be used by residents
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of the City, owners of a business located in the city or the attorney
General should purported violation occur. This proposed ordinance
serves the health, safety, and welfare of the City.
C. Public Hearing - Request for approval of Ordinance No. 16-2025, amending
Chapter 2, Article IV to update the sections related to the Debt Policy, Budget
Policy and the Purchasing Policy, at first reading.
Background: The proposed ordinance amends the Code of Ordinances Chapter 2,
Article IV, Financial Policies, specifically relating to the debt policy, the
submission of the budget and the contents relating to the submission
requirements for the annual budget and amendment authority of the
overall budget as well as implementation of a purchasing policy.
It amends the following:
1. Retitles Article IV from Financial Policies to Finance.
2. Division 1. Debt Policy - Renumbers this section to be
consistent with the overall Code of Ordinances.
3. Division 2. Budget. - This is an entirely new section that sets
forth
a. Process for annual estimates
b. Adoption of the annual budget
c. Process for amending the annual budget
d. Lapse of appropriations at year end
4. Division 3. Purchasing - This is an entirely new section that sets
forth
a. How purchasing regulations are established
b. Moves the local vendor preference from Article X into this
section.
5. Article X - Bidding Preference for Local Vendors
a. Strikes this section in its entirety and moves this under
the Division 3. Purchasing portion of the code.
All of the proposed amendments provide for a more efficient debt,
budget and appropriations and purchasing process consistent with
state law for all of our financial processes.
D. Public Hearing - Request for approval of Ordinance No. 18-2025, amending
Chapter 68, Article II to update the sections related to Customer Deposits, at
first reading.
Background: The proposed ordinance amends the Code of Ordinances Chapter 68,
Article II, Water and Wastewater Utility Rate Ordinances, specifically
relating to customer deposits.
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It amends the following within Section 68-58 Customer Deposits:
1. Clarifies that deposits will be held in a non-interest-bearing
account.
2. Owner Occupied residential accounts may be returned after
thirty-six months if no delinquencies nor disconnections.
3. Tenant Occupied residential accounts are held until the account
is closed and any unpaid balance is paid.
4. Commercial Accounts are held until the account is closed and
any unpaid balance is paid.
5. Clarifies when additional deposits might be required for utility
accounts.
All of the proposed amendments provide for a more efficient and
financial sustainable process consistent with state law for the
handling of our customers utility deposits.
E. Public Hearing - Request for approval of Ordinance No. 13-2024, amending the
City’s Land Development Code Sections 110-300 to 110-320 of Article III,
“Establishment of Classifications and Official Zoning Map” of Chapter 110
“Zoning”, at first reading.
Background: The City Commission requested an update to the City’s Land
Development Code, specifically concerning zoning. On January 13,
2025, staff held a Commission Workshop to review many of the
proposed changes and incorporate the requested updates into the
code. The Planning and Zoning Board recommended that the City
Commission approve Ordinance No. 13-2024 at their regular meeting
on February 19, 2025.
F. Public Hearing - Request for approval of Ordinance No. 04-2025, amending the
zoning code, Chapter 74 "Administration," to include review procedures,
eliminating review durations, and updated public noticing requirements,
amending Chapters 75, 106, and 110 by removing procedures regulation in
Chapter 74 of the Land Development Code of the City of Deltona, at first
reading.
Background: Section 163.3174, Florida Statutes requires the local planning agency
to review proposed land development regulations and make
recommendations to the City Commission as to the consistency of the
changes with the adopted Comprehensive Plan. The City Commission
has asked for an update to the City’s Land Development Code in 2024.
In response, staff has been working on revising the processes in
Chapters 74, 75, 106, and 110. The revisions will cover the review and
decision-making authority for development applications, the approval of
major and minor variances and conditional uses, as well as updating
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City Commission Regular Commission Meeting March 3, 2025
the public notice section to require neighborhood meetings.
G. Public Hearing - Request for approval of Ordinance No. 14-2024, amending
Section 110-810, of Article III of Chapter 110 “Zoning”, of the Land
Development Code, at first reading.
Background: The City Commission asked staff to revise the zoning section of the
LDC concerning driveway expansions. Staff has updated the language,
corrected spelling errors, and added restrictions and approved
surfaces. On February 19, 2024, the Planning and Zoning Board
unanimously recommended that the City Commission approve
Ordinance No. 14-2024.
9. ACTION ITEMS:
A. Consideration of appointments or re-appointments of Four (4) members and
four (4) alternates to the Planning and Zoning Board.
Background: The terms of four (4) members and (4) alternates of the Planning and
Zoning Advisory Board will expire on March 15, 2025. The openings
are to be appointed by the Mayor, and the Commissioners of Districts
1, 2, and 5. Members Eric Alexander, Susan Berk, Andrea Cardo, Dr.
Allen Pfeffer, and Alternates Tara D’Errico, Lorie Warnicke and Jeffrey
Zlatos have expressed that they wish to be re-appointed to the board.
The City has also received applications from the following individuals:
Elizabeth Chavez, Larry French, Hope George, Christopher Leon, Pat
Northey, Omar Otero and Matthew Shaw.
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
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City Commission Regular Commission Meeting March 3, 2025
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.
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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