City Commission
Regular MeetingDeltona, FL · June 16, 2025
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, June 16, 2025 6:30 PM Deltona Commission Chambers
PUBLIC FORUM: 6:00 PM - 6:30 PM
1. CALL TO ORDER:
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 the District #5 Commissioner.
Honoring Veterans:
DELTONA COMMUNITY EVENTS:
Commissioner Howington called a point of order, skipped over the "Additions and
Deletions" section.
4. ADDITIONS AND DELETIONS:
Motion by Commissioner Colwell, seconded by Commissioner
Howington, to add an action item after section 8 and before the City
Manager Comments (Item 9-G) to amend the purchasing policy to
reduce the spending authority to $25,000 across all City departments
and the items are to come before the City Commission for approval.
The motion carried by the following vote:
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For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, and Commissioner Lulli
Against: 3 - Mayor Avila, Vice Mayor Heriot, and Commissioner Santiago
Motion by Commissioner Colwell, seconded by Commissioner
Avila-Vazquez, to add to the agenda a vote of no confidence for the City
Manager. The motion carried 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
Motion by Commissioner Howington, seconded by Commissioner Lulli,
to have a vote this evening for add-on Item 9-I for a forensic and
compliance audit at the direction of the City Commission. The motion
carried by the following vote:
For: 5 - Vice Mayor Heriot, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner Howington, and
Commissioner Lulli
Against: 2 - Mayor Avila, and Commissioner Santiago
Mayor Avila called for a point of order, that falls under the City Manager and the City
Manager replied that falls under an administrative decision and not a Commission
decision.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, to have a vote on add-on Item 9-J for the 4th of July celebration
to be all inclusive and include political parties.
The motion carried by the following vote:
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For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, and Commissioner Lulli
Against: 3 - Mayor Avila, Vice Mayor Heriot, and Commissioner Santiago
5. PRESENTATIONS/AWARDS/REPORTS:
6. DELTONA COMMUNITY EVENTS:
7. CONSENT AGENDA:
Motion by Commissioner Avila-Vazquez, seconded by Commissioner
Lulli, to approve Consent Agenda Items 8-A, 8-C, 8-D & 8-E. 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. Request for approval of minutes of the Regular Commission Meeting of
May 19, 2025, as presented.
Approved by Consent - to approve the minutes of the Regular
Commission Meeting of May 19, 2025, as presented.
B. Request for approval of Resolution No. 2025-62 for the Task
Authorization between the City of Deltona and Mead and Hunt for the
development of a comprehensive Vulnerability Assessment to address
potential impacts to publicly owned critical assets due to sea level rise,
resiliency, storm surge and flooding within the City of Deltona in the
amount not-to-exceed $264,460.00. The City of Deltona has been
awarded a 100% funded, Resilient Florida Grant in the amount of
$265,000.00 for this project.
The Deputy Utilities Director gave a brief explanation the Resilient Florida Grant and
requirements under Florida Statutes.
The Commission and staff discussed the grant approval, other system with similar data,
critical assets and 100% funding.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
approve Item 8-B of the Consent Agenda. The motion carried by the
following vote:
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For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
C. Request for approval of Resolution No. 2025-60 for legal representation
in a potential claim.
Approved by Consent - to approve Resolution No. 2025-60.
D. Request for approval by Deltona Magazine for In-Kind Donation of The
Center at Deltona for their Gala event on Wednesday, November
12,2025.
Approved by Consent - to approve the request by Deltona Magazine for
an In-Kind Donation of The Center at Deltona for their Gala event.
E. Request for recognition(s) for the month of June.
Approved by Consent - to approve the requested recognitions for the
month of June.
8. ORDINANCES AND PUBLIC HEARINGS:
A. Quasi-judicial Hearing - Ordinance No. 14-2025, amending Halifax
Crossings Mixed- Use Planned Unit Development (MPUD) for
approximately 109.71 acres of land located along the Halifax Crossings
Boulevard corridor south and east of the Halifax Hospital Complex
within the Activity Center to include the provisions of master
development map alternatives and a reduction in the minimum lot size
for commercial parcels, at first reading.
City Attorney Good stated to please be advised that the following items on the agenda are
quasi-judicial in nature. If you wish to comment upon any of these item(s) please indicate
the item number, you would like to address when the announcement regarding the
quasi-judicial item is made. An opportunity for persons to speak on each item(s) will be
made available after the applicant and staff have made their presentations on each item. All
testimony including public testimony and evidence will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross examination. If you
do not wish to either be cross-examined or sworn your testimony will be given its due
weight. The general public will not be permitted to cross-examine witnesses, but the public
may request the Commission to ask questions on their behalf. The full agenda packet on
each agenda item is hereby entered into the record. Persons representing organizations
must present evidence of their authority to speak for the organization. For further details of
the quasi-judicial procedures may be obtained from the City Clerk. At this time
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Commissioners must disclose any ex-parte Communications concerning items on the
agenda.
Each Commissioner disclosed their ex-parte communications.
City Attorney Zack swore in everyone that wished to speak on this item.
The Planning & Development Services Director gave a PowerPoint Presentation on the
item.
The Commission, City Attorney and staff discussed the differences between Option A & B,
reducing lot sizes for certain commercial, Option A being already approved, no changed to
Option A, half acre lots, age restricted residents vs. multi-family residents, pending
litigation, the developer fulfilling obligations, litigation, the design/plans and changes, Blue
Springs Basin, consumption, entitlement rights, available land, Dutch Bros, vested rights,
resolving flooding and commercial, over development, anchor stores, needing smaller lots,
occupancy, tax base, rentals, sit down restaurants, families downsizing, big box stores,
rehabilitation center, low income, condition of approval, limiting acreage, and the
Development Agreement.
Land Planner/Consultant Alex Springfellow, 500 Winderley Place, Maitland, spoke about
the design rational, being open to negotiating, two access points, centralized stormwater
ponds, bike trails throughout, hospital supporting centers, buffers, construction and land
costs, restricting the number of half acre lots, the economy, density, occupancy, keeping the
age restricted portion, tax revenue, and market changes.
The Commission, City Attorney and Mr. Springfellow discussed the age restriction option,
rent and tax revenue, land on Howland Blvd., location of restaurants, senior waiting lists, the
market, occupancy and multi-generational occupancy, the acres difference between the
options, vested rights, entitlements, the applicant choosing the option, sit down restaurants,
half acre lots, stormwater ponds, scrub jay mitigation, permitting requirements, big box
stores, reasons for Option B, taking Option A off the table, combining and splitting lots, the
traffic analysis, reducing multi-family and including 300 age restricted units.
The Mayor opened and closed the public hearing for those with standing as there were
none.
The Mayor opened the public hearing and Emily Helmberger, Kathy Bryan, Joseph Cerrato,
JodyLee, Christian Waugh Attorney for Cole Valley Partners (Dutch Bros), Courtney
Cross-Burgos, and Elbert Bryan.
Barry Walker on behalf of developer spoke about minimum one acre lots, 300 age
restricted, increasing commercial to 75 acres, dropping Option B, the City's best interest,
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not wanting the property to sit vacant, and being willing to do all that the Commission has
requested.
The Commission, City Attorney and Mr. Walker discussed buffers and the types of buffers,
access points, rear access restrictions, stormwater, height, native plantings, striking Option
A, change in lot size, units changed to 275 multi-family and 300 age restricted, time frame
for the project, permitting, third parties involved, professional medical businesses,
challenges existing with both options, and entry level jobs.
City Attorney Good read the title of Ordinance No. 14-2025 for the record.
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to
approve Ordinance No. 14-2025, amending the Halifax Crossing
Mixed-Use Planned Unit Development for approximately 109.71 acres of
land located along the Halifax Crossings Boulevard corridor south and
east of the Halifax Hospital Complex within the Activity Center to
include the provisions of master development map alternatives and a
reduction in the minimum lot size for commercial parcels, at first
reading and to include that the applicant has stipulated to striking
Option A from the Development Agreement, to changing the minimum
lot size of the commercial parcels to one acre, and changing the unit
mixed to 275 multi-family units and 300 age restricted units from the
575 multi-family. The motion carried by the following vote:
For: 4 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, and Commissioner Santiago
Against: 3 - Commissioner Colwell, Commissioner Howington, and
Commissioner Lulli
B. Public Hearing - Resolution No. 2025-55, amending the Deltona Planning
and Zoning Board By-Laws.
The City Attorney read the title of Resolution No. 2025-55 for the record.
The Planning & Development Services Director gave a brief PowerPoint Presentation of
the item.
Motion by Commissioner Lulli, seconded by Commissioner Colwell, to
approved Resolution No. 2025-55, amending the Deltona Planning and
Zoning Board By-Laws. 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
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C. Public Hearing - Ordinance No. 21-2025, repealing Article XIV, “Medical
Marijuana Dispensaries,” of Chapter 110 “Zoning,” and amending Article
III, “Establishment of Classifications and Official Zoning Map,” of
Chapter 110 “Zoning,” of the Land Development Code of the City of
Deltona to prohibit Medical Marijuana Dispensaries, at first reading.
The City Attorney read the title of Ordinance No. 21-2025 for the record.
The Planning & Development Services Director gave a brief PowerPoint Presentation of
the item.
Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
approve Ordinance No. 21-2025, repealing Article XIV "Medical
Marijuana Dispensaries", at first reading.
The Commission, City Attorney and staff discussed families needing help, a local article,
negative connotations, not restricting the use, stronger distance restrictions, this being an
emotional item, regulating facilities, if a facility goes out of business, being too restrictive,
and future expansion to going recreational.
The motion failed by the following vote:
For: 1 - Commissioner Santiago
Against: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, and Commissioner Lulli
D. Public Hearing - Ordinance No. 25-2025, amending the General
Ordinances, Section 1-15, “General Penalty,” of Chapter 1, “General
Provisions," to update penalties and enforcement mechanisms and
Section 38-73, “Loud Disturbing or Unnecessary Noises,” of Article III
“Noise,” of Chapter 38, “Environment,” to eliminate the requirement for
sworn affidavits, at second reading.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
extend the meeting for an hour. The motion carried by the following
vote:
For: 6 - Vice Mayor Heriot, Commissioner Avila-Vazquez,
Commissioner Colwell, Commissioner Howington,
Commissioner Lulli, and Commissioner Santiago
Against: 1 - Mayor Avila
The City Attorney read the title of Ordinance No. 25-2025 for the record and she stated she
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worked with the Volusia Sheriff's Office (VSO) and their general council so the ordinance is
enforceable.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to adopt Ordinance No. 25-2025, at second reading. 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
E. Public Hearing - Ordinance No. 26-2025, amending the General
Ordinances to establish Article V, “City Parks and Facilities,” of Chapter
58, "Streets, Sidewalks, and Other Public Places," to provide rules and
regulations pertinent to city parks and facilities, at second reading.
The City Attorney read the title of Ordinance No. 26-2025 for the record.
Motion by Commissioner Lulli, seconded by Vice Mayor Heriot, to adopt
Ordinance No. 26-2025, at second reading. 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
F. Public Hearing - Ordinance No. 27-2025 Solicitation on Public Road
Rights-Of-Ways, at first reading.
The City Attorney read the item and provided the exemptions.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
approve Ordinance No. 27-2025.
Vice Mayor Heriot call a point of order as the discussion was not relevant to the item.
The Commission discussed handing out material, campaigning, past events and only being
relevant to right-of-ways and streets.
City Attorney Good read the title of Ordinance No. 27-2025 for the record and he gave the
definition of solicitation.
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
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G. Public Hearing - Ordinance No. 28-2025 Lobbyists Registration,
Lobbying Disclosures, and Payment of Fees, at first reading.
The City Attorney read the title of Ordinance No. 28-2025 for the record.
Motion by Commissioner Howington, seconded by Commissioner Lulli,
to table Ordinance No. 28-2025, at first reading.
Present: 7 - Mayor Avila
Vice Mayor Heriot
Commissioner Avila-Vazquez
Commissioner Colwell
Commissioner Howington
Commissioner Lulli
Commissioner Santiago
Commissioner Howington requested the item be placed on the next available workshop.
The motion carried by the following vote:
For: 5 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Against: 2 - Mayor Avila, and Vice Mayor Heriot
9. ACTION ITEMS:
A. Request for an extension of Resolution No. 2025-63, the Zoning in
Progress regarding amendments to the Land Development Code Article
IV, Stormwater Management.
The City Attorney read the title of Resolution No. 2025-63 for the record,
Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
approve Resolution No. 2025-63, a 120-day extension for the Zoning in
Progress for Stormwater. 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
B. Request for approval of Resolution No. 2025-65 accepting FEMA
Subaward Grant for reconstruction at 2890 Blackburn Ave and
authorizing up-front payment of the Resident Cost Share to be
reimbursed fully by the Resident.
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The City Attorney read the title of Resolution No. 2025-65 for the record.
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,
to move to approve Resolution No. 2025-65.
The Commission, City Attorney and staff discussed studies to elevate the property, three
options, the application process, absorbing costs, the Theresa Basin area, consulting fees,
resident repayment to the City, and liability.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Howington, Commissioner
Lulli, and Commissioner Santiago
Against: 1 - Commissioner Colwell
C. Request for approval of Resolution No. 2025-64 and the Task
Authorization between the City of Deltona & Pegasus Engineering for
Grant Management Services, specific to the home demolition and
rebuild at 2890 Blackburn Avenue in an amount of $32,200.
The City Attorney read the title of Resolution No.2025-64 for the record.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
approve Resolution No. 2025-64. The motion carried by the following
vote:
For: 6 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Howington, Commissioner
Lulli, and Commissioner Santiago
Against: 1 - Commissioner Colwell
D. Request for rehearing of Ordinance No. 12-2024, request to amend the
Official Zoning Map to rezone 36.46 acres of land located along the North
Normandy Boulevard corridor south and east of the I-4 Logistics Park
within the Activity Center from Single-Family Residential (R1-AA) to
Mixed-Use Planned Unit Development (MPUD).
The City Attorney read the title of Ordinance No. 12-2025 for the record.
Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to
grant the motion for rehearing of Ordinance No. 12-2024.
For: 5 - Mayor Avila, Vice Mayor Heriot, Commissioner Howington,
Commissioner Lulli, and Commissioner Santiago
Against: 2 - Commissioner Avila-Vazquez, and Commissioner Colwell
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Attorney Michael Woods, Cobb Cole, 231 N. Woodland Blvd., DeLand, spoke about
requirement for a PUD (Planned Unit Development), first reading 6-1 vote of approval,
taken away property rights, and not wanting litigation.
The motion carried by the following vote:
For: 5 - Mayor Avila, Vice Mayor Heriot, Commissioner Howington,
Commissioner Lulli, and Commissioner Santiago
Against: 2 - Commissioner Avila-Vazquez, and Commissioner Colwell
E. Request for consideration, that the Sergeant David G. Ledgerwood
American Post 255 be given a 100-year lease at one dollar ($1) a year
and allow them to own their building.
The City Attorney read the item and he stated he would like to receive some direction and
conditions to be placed in the lease, 99 year lease.
The Commission and City Attorney discussed looking at the DSC (Daytona State College)
sublease, that the property was gifted to the City, deed restrictions, doing a full title search,
needing more information, having a presentation on the plan, not limiting funding
opportunities, the length of the lease, bringing back title search concerns, deed restrictions
needing Commission permission to release, a shorter lease term with extensions, what if
the organization dissolves, time limit for development, and presenting a draft agreement.
The City Attorney stated the actual approval of the building would go to DRC (Development
Review Committee) and he imagines the lease agreement will include a conceptual site
plan. He cannot have a draft agreement ready for next meeting but, he could have a term
sheet ready to get Commission buy in.
Former Commissioner King spoke about what the organization's vision for the land to
include serving all veterans and their families, a center, rental space, community
events/concerts/dinners, tutoring opportunities, 501c3 office space, open on weekends,
motorcycle ride stops, developing the back of the property, grant opportunities for the City,
boat rental, playground, pavilion, small venues, funding assistance, and architectural
designs.
The City Attorney stated he believes he has direction and he clarified the term would be a
49 year lease with extensions as long as it does not preclude certain funding opportunities
for the organization.
F. Discussion regarding the implementation of a temporary building
moratorium.
City Attorney Good read the item and he stated legal received direction to advertise for first
and second reading for the implementation of a temporary building moratorium ordinance.
This is an opportunity to discuss parameters and provide feedback. He flagged a couple of
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items that the Commission should take into consideration. One is the basis for the
moratorium and the distinction between residential and commercial development and to
include other types of regulations.
City Attorney Torcivia stated the title of the ordinance was advertised and includes
"residential" which was the direction they received. The Commission could elect to amend
the ordinance to include all development but, it would need to be re-advertise. The
Commission needs to state the other basis for the moratorium to make it strictly residential
or it could be legally challenged.
The Commission and City Attorney discussed the stormwater system, requirements not
stringent enough, communities with problems, in fill lots, the intent to include all residential
and multi-family, exempt projects, reviewing site plans, to include a tentative plat, the least
amount of risk, adding public safety, damage to the City, and litigation.
Commissioner Avila-Vazquez called a point of order, the discussion is getting off topic.
Motion by Commissioner Colwell, seconded by Commissioner Lulli, to
extend the meeting by 30 minutes. The motion carried by the following
vote:
For: 5 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, Commissioner Lulli, and
Commissioner Santiago
Against: 2 - Mayor Avila, and Vice Mayor Heriot
The Commission discussed updating code, the need for a moratorium, the affect to the
community, developers working with the Commission, budget and impact fees, suing the
State, damaging relationships, putting the CIty in jeopardy, impact fee RFP (Request For
Proposal), the State implementing laws, time limits, costing the City money, using media,
House Bill 180, Home Rule, communication problems, developers suing the City, the City's
responsibly, navigating risk, a letter from the Lobbyist,
The City Attorney discussed litigation against the State and based on other litigation
against the State of Florida the City should estimate its litigation cost from $200,000 to
$600,000. If the City were to file against the State it would be filed in Leon County and if the
City prevailed it is likely that the Florida Supreme Court would take it up.
The City Manager stated the award of bid is scheduled to go out the second meeting in
July. As a side note one Commissioner Howington may have been discussing impact fees
but, direction comes from the entire body to move forward. Per the City's Lobbyist the City
is being fully funded at the State level in the amount of $2.5 million of the $5 million project
for the injection well and $375,000 of the $750,000 engineering plans for the basin project.
Motion by Vice Mayor Heriot, seconded by Commissioner Lulli, to
extend the meeting an additional 5 minutes. The motion carried by the
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following vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner Santiago
Colwell Point of Order, he requested that the last agenda item be placed on the next
meeting and the Mayor replied he too was going to request that.
The Vice Mayor and staff discussed residential project list, paying impact fees, drainage
projects in various stages, sending mixed message to developers, ability to deny rezoning,
and fire assessment fee.
The City Attorney stated he received direction for including additional basis for the
moratorium. He did not receive direction on excluding in-fill development or mixed use,
otherwise the previous direction was all residential which would include in-fill lots and mixed
use. This is a discussion item and the Commission could have more discussion at first
reading but, legal would like some direction in order to get a finished product for first
reading.
Motion by Commissioner Colwell, seconded by Commissioner
Howington, to move the four added agenda items (9-G through 9-J) to
the next meeting, the Special Commission Meeting on June 23, 2025.
The motion carried by the following vote:
For: 5 - Mayor Avila, Commissioner Avila-Vazquez, Commissioner
Colwell, Commissioner Howington, and Commissioner Lulli
Against: 2 - Vice Mayor Heriot, and Commissioner Santiago
10. CITY ATTORNEY COMMENTS:
11. CITY MANAGER COMMENTS:
12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS:
13. ADJOURNMENT:
There being no further business, the meeting adjourned at 11:20 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
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________________________________
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, June 16, 2025 6:30 PM Deltona Commission Chambers
PUBLIC FORUM: 6:00 PM - 6:30 PM
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by the District #5 Commissioner.
Honoring Veterans:
4. ADDITIONS AND DELETIONS:
5. PRESENTATIONS/AWARDS/REPORTS:
6. DELTONA COMMUNITY EVENTS:
7. CONSENT AGENDA:
A. Request for approval of minutes of the Regular Commission Meeting of May 19,
2025, as presented.
Background: N/A
B. Request for approval of Resolution No. 2025-62 for the Task Authorization
between the City of Deltona and Mead and Hunt for the development of a
comprehensive Vulnerability Assessment to address potential impacts to
publicly owned critical assets due to sea level rise, resiliency, storm surge and
flooding within the City of Deltona in the amount not-to-exceed $264,460.00.
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City Commission Regular Commission Meeting June 16, 2025
The City of Deltona has been awarded a 100% funded, Resilient Florida Grant
in the amount of $265,000.00 for this project.
Background: In accordance with Florida Statutes (F.S.) 380.093, The City of Deltona
must complete a Comprehensive Vulnerability Assessment to identify
all critical assets for Utility, Stormwater, Emergency Response and
Transportation. Conducting a Florida Department of Environmental
Protection (FDEP) vulnerability assessment offers significant benefits
to the City of Deltona by identifying areas at risk from climate-related
hazards such as sea level rise, storm surge, and flooding. This
assessment provides critical data and mapping tools that help the city
plan more resilient infrastructure, prioritize at-risk assets, and secure
state and federal funding for adaptation projects. By proactively
understanding its vulnerabilities, Deltona can better protect public
safety, maintain essential services, and support sustainable growth,
ensuring long-term community and environmental well-being. The City
of Deltona has been awarded a 100% funded Resilient Florida Grant
(Agreement No. 24PLN24) in the amount of $265,000.00 for
completion of this project.
If this is approved, Finance will include this as part of the 3rd Quarter
Budget amendment on August 4.
C. Request for approval of Resolution No. 2025-60 for legal representation in a
potential claim.
Background: The City has received information that an action styled Robert Ellis v
City of Deltona has been filed in the 7th Judicial Circuit in and for
Volusia County. The City has not yet been served with the lawsuit, but
we anticipate that the City will be served with the litigation. In the event
that the City is served with the lawsuit, it is in the best interest of the City
to authorize representation through Tessitore Mari Scott and the City
Attorney, TG Law, PLLC, if the insurance carrier denies coverage.
D. Request for approval by Deltona Magazine for In-Kind Donation of The Center
at Deltona for their Gala event on Wednesday, November 12,2025.
Background: Deltona Magazine did a presentation at the Regular Commission
Meeting held on May 19, 2025, inviting the City of Deltona to participate
in this signature event as a Presenting Supporting Partner by approving
an In-Kind Donation of The Center at Deltona as the venue.
E. Request for recognition(s) for the month of June.
Background: Per the City Recognition Policy adopted by the City Commission at the
Regular Commission Meeting held on Monday, June 17, 2024, the
following recognitions are being requested for the month of June:
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City Commission Regular Commission Meeting June 16, 2025
1. Deltona resident Chris Riha for saving a woman’s life.
2. Proclamation - Juneteenth to be presented on June 21st at the
City Hall Courtyard.
8. ORDINANCES AND PUBLIC HEARINGS:
A. Quasi-judicial Hearing - Ordinance No. 14-2025, amending Halifax Crossings
Mixed- Use Planned Unit Development (MPUD) for approximately 109.71 acres
of land located along the Halifax Crossings Boulevard corridor south and east
of the Halifax Hospital Complex within the Activity Center to include the
provisions of master development map alternatives and a reduction in the
minimum lot size for commercial parcels, at first reading.
Background: The Halifax Village Planned Unit Development (PUD), located near
UF/Halifax Health in Deltona, was originally approved as a Business
Planned Unit Development (BPUD) in 2014 and later rezoned to a
Mixed-Use Planned Unit Development (MPUD) in 2022. In 2025, a
second amendment was proposed to further the project’s flexibility and
market viability. This amendment, tabled at the May 5, 2025, City
Commission meeting, is presented as Option B, which is a more
balanced and strategic for long-term development. Option B increases
commercial acreage to 75.71 acres - supporting job creation,
economic growth, and alignment with the city’s long term vision, while
reducing residential units from 1,125 to 575 and removing all age
restricted housing. It also introduces smaller commercial parcel sizes to
improve market responsiveness and attract a broader range of tenants.
While the applicant is entitled to proceed with option A, which includes
1,125 residential units and only 21.1 acres of commercial, Option B is
the more sustainable and economically beneficial option for the City.
Development Option: Option A Option B
Multi-Family Units: 275 units 575 units
Age-Restricted Units: 850 units 0 units
Planned Total Units: 1,125 units 575 units
Commercial Acreage: 21.1 acres 75.71 acres
Multi-Family Acreage: 57.5 acres 34 acres
B. Public Hearing - Resolution No. 2025-55, amending the Deltona Planning and
Zoning Board By-Laws.
Background: Resolution No. 2025-55 proposes updates to the Planning and Zoning
Board By-Laws, originally adopted in 2011, to address operating and
legal needs that have emerged over time. The revisions aim to
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modernize the Board’s structure and practices, align with the Land
Development Code (last amended in 2020), and improve
communication with City staff. Key changes include introducing term
limits, attendance enforcement, and alternate member procedures;
modifying officer election timing; updating meeting protocols; and
removing outdated references and staggered term requirements. At its
May 21, 2025 meeting, the Planning and Zoning Board voted 6-1 to
recommend approval of Resolution No. 2025-55, with two
amendments: requiring all members to reside within city limits and
giving the City Commission discretion over attendance related conduct.
C. Public Hearing - Ordinance No. 21-2025, repealing Article XIV, “Medical
Marijuana Dispensaries,” of Chapter 110 “Zoning,” and amending Article III,
“Establishment of Classifications and Official Zoning Map,” of Chapter 110
“Zoning,” of the Land Development Code of the City of Deltona to prohibit
Medical Marijuana Dispensaries, at first reading.
Background: Ordinance No. 21-2025 proposes a citywide ban on medical marijuana
dispensaries in all zoning districts, removing them as permitted or
conditional uses in the city’s Land Development Code and Land Use
Table. This follows the City Commission’s April 7, 2025 decision to
deny a previous ordinance and pursue a full ban. Existing dispensaries
approved before the ordinance would be allowed to continue operating
under current regulations. While new dispensaries would be prohibited
in Deltona, residents will still have access to facilities in nearby cities
such as Daytona Beach, Orange City, and Port Orange. The Planning
and Zoning Board recommended approval of the ban with a 6-1 vote,
and the City Commission will consider the ordinance on June 16th and
July 7 th, 2025.
D. Public Hearing - Ordinance No. 25-2025, amending the General Ordinances,
Section 1-15, “General Penalty,” of Chapter 1, “General Provisions," to update
penalties and enforcement mechanisms and Section 38-73, “Loud Disturbing or
Unnecessary Noises,” of Article III “Noise,” of Chapter 38, “Environment,” to
eliminate the requirement for sworn affidavits, at second reading.
Background: In response to concerns from the Volusia County Sheriff's Office
regarding enforcement mechanisms for City Ordinances, in particular
the City’s Noise Ordinance, the City Attorney's Office has drafted a
revised general penalty provision as directed by the City Commission.
The general penalty provision of the City Code is the enforcement
mechanism for violations or ordinances that do not have an otherwise
specified penalty and is currently referenced in Chapter 10,
“Amusements, Entertainment, and Block Parties,” Chapter 14,
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“Animals,” Chapter 22, “Business,” Chapter 34, “Emergency Services,”
Chapter 38, “Environment,” and Chapter 50, "Solid Waste." The
revised general penalty provides for issuance of a civil citation and fine
of $500.00 without jail time or an escalating series of administrative
fines ranging from $1,000.00 to $15,000.00 depending on multiple
factors, including the gravity of the violation, as provided by Florida
Statutes.
Additionally, the requirement for sworn affidavits to enforce certain
noise complaints has been eliminated from the City’s Noise Ordinance.
E. Public Hearing - Ordinance No. 26-2025, amending the General Ordinances to
establish Article V, “City Parks and Facilities,” of Chapter 58, "Streets,
Sidewalks, and Other Public Places," to provide rules and regulations pertinent
to city parks and facilities, at second reading.
Background: The City Commission directed the City Attorney's Office to draft
regulations pertaining to the City’s Parks and Facilities to address
health and safety concerns related to smoking and to address recent
requests to conduct metal-detecting activities.
Section 386.209, Florida Statutes, preempts the regulation of
smoking to the State of Florida, except that “municipalities may further
restrict smoking within the boundaries of any public beaches and
public parks that they own, except that they may not further restrict the
smoking of unfiltered cigars”. Additionally, Section 386.209, Florida
Statutes, “does not preclude the adoption of county or municipal
ordinances that impose more restrictive regulation on the use of
vapor-generating devices.” The proposed ordinance bans smoking
and vaping of any kind, notwithstanding the prohibition on restriction of
smoking unfiltered cigars. The penalty for non-compliance is a
$150.00 fine and may also include suspension from the park for 30
days if warranted.
There is no state preemption of metal detecting regulations. The
proposed ordinance requires any individual conducting metal
detecting to obtain a permit for activities within any city-owned,
controlled, or operated property, facility, park, building, structure,
equipment, appurtenance, and/or adjacent rights-of-way. The penalty
for violation of permit conditions may include suspension of the
permit, a fine of $150.00, and/or suspension from the property for a
period up to one year if warranted.
F. Public Hearing - Ordinance No. 27-2025 Solicitation on Public Road
Rights-Of-Ways, at first reading.
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Background: At the March 18, 2025, Regular City Commission, the City Commission
directed the City Attorney’s Office to draft an ordinance create
additional permit procedures and regulations governing solicitation
activities upon non-state of Florida public road rights-of-way and in city
public parks. The permit process requires registration and notification
of intended solicitation activities, payment of a license fee, and
exemption from fees for non-profit organizations. The City does not
intend these regulations to inhibit, regulate, or prohibit political
campaigning or expression of political views or other protected speech,
without solicitation.
G. Public Hearing - Ordinance No. 28-2025 Lobbyists Registration, Lobbying
Disclosures, and Payment of Fees, at first reading.
Background: Pursuant to direction received by the City Commission at the April 21,
2025, Regular City Commission Meeting, the City Attorney’s Office has
drafted an ordinance to set forth the rules, requirements, and
restrictions that apply to lobbyists and others who may try from time to
time to influence the acts and decisions of the City Commission or
other final decisionmakers within the City.
9. ACTION ITEMS:
A. Request for an extension of Resolution No. 2025-63, the Zoning in Progress
regarding amendments to the Land Development Code Article IV, Stormwater
Management.
Background: On February 3, 2025, the City Commission approved Resolution No.
2025-63, establishing Zoning in Progress for proposed amendments to
Article IV, Stormwater Management, of the Land Development Code,
with an initial 120-day period for staff and the City’s consultant to draft
revisions. Additional time is needed to ensure the proposed
amendments are comprehensive and aligned with the City’s goals.
Therefore, staff is requesting a 120-day extension to complete the
amendment process and prepare for formal Commission review and
consideration.
B. Request for approval of Resolution No. 2025-65 accepting FEMA Subaward
Grant for reconstruction at 2890 Blackburn Ave and authorizing up-front
payment of the Resident Cost Share to be reimbursed fully by the Resident.
Background: 2890 Blackburn Avenue was severely impacted by Hurricane Ian. The
property was nearly unhabitable while the resident worked on the
interior repairs & restoration efforts. The resident applied for HMGP
assistance to have the home demolished & rebuilt.
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The estimated cost to demolish & rebuild the home is $491,711 which
FEMA will cover $191,082 while the homeowner will be responsible for
the remaining non-federal share of $312,571 (~63%). This estimate is
based on data from 2022 when the application was submitted , and the
final cost for demolition & rebuild may deviate from the original
estimate. The homeowner is working with CDBG for applications for
SHIP & CDBG-DR funding assistance with the funding of the local
(resident) match. Staff is requesting authorization to pay the
non-federal share up front provided an agreement is executed
guaranteeing repayment and showing proof of funds from the resident.
C. Request for approval of Resolution No. 2025-64 and the Task Authorization
between the City of Deltona & Pegasus Engineering for Grant Management
Services, specific to the home demolition and rebuild at 2890 Blackburn
Avenue in an amount of $32,200.
Background: Due to the impacts of Hurricane Milton & Nicole, the City identified a
number of homes that were flooded due to one or both of these
disasters. Working with our consultant, Pegasus Engineering the City
was able to present several homes to the Division of Emergency
Management (FDEM) for consideration under the Hazard Mitigation
Grant Program (HMGP). HMGP is a FEMA funded program that is
administered on behalf of FEMA through FDEM.
The existing residential structure at 2890 Blackburn Avenue is in the
Theresa Basin drainage basin. The Theresa Basin watershed is
classified as a closed (land-locked) drainage basin that has an
extensive history of structural and roadway flooding. The property owner
requested that the City assist in mitigating future flood events by
demolishing the existing home and rebuilding the home at least 1 foot
above the base flood elevation. The City upfronted the application cost
for this property. The property has now received “approval” by FDEM &
FEMA to proceed.
This is a demolishing & rebuilding grant application the maximum
funding or Federal Cost $179,140. The City committed to up-front the
cost of the approved projects, so long as the resident(s) had secured
the cost share funding of $312,571. If/when the resident has secured
that match, that match will be provided to the City of Deltona as the
grant sub-recipient and Pegasus Engineering will provide Grant
Management Services for the applicant on behalf of the City.
D. Request for rehearing of Ordinance No. 12-2024, request to amend the Official
Zoning Map to rezone 36.46 acres of land located along the North Normandy
Boulevard corridor south and east of the I-4 Logistics Park within the Activity
Center from Single-Family Residential (R1-AA) to Mixed-Use Planned Unit
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City Commission Regular Commission Meeting June 16, 2025
Development (MPUD).
Background: The applicant has requested a rehearing of Ordinance No. 12-2024,
which sought to rezone approximately 36.46 acres along the North
Normandy Boulevard corridor from Single-Family Residential (R1-AA)
to Mixed-Use Planned Unit Development (MPUD), in alignment with the
City’s Comprehensive Plan for the Activity Center. The proposed
MPUD includes a mix of non-residential uses and a multi-family
residential component, supporting economic development and
integrated land use. The ordinance was denied by a 4-3 vote on May
19, 2025. The applicant submitted a rehearing request on May 28,
2025, asserting that key facts or points of law were overlooked. In
accordance with Section 110-1005 of the City’s Code, the Commission
must now determine whether to grants the rehearing and, if so, set a
date and time for a new public hearing.
E. Request for consideration, that the Sergeant David G. Ledgerwood American
Post 255 be given a 100-year lease at one dollar ($1) a year and allow them to
own their building.
Background: At the Regular Commission Meeting held on May 19, 2025, Mayor
Avila requested to place this item on the next agenda for approval.
F. Discussion regarding the implementation of a temporary building moratorium.
Background: At the May 5, 2025, City Commission meeting, a Commissioner
requested discussion of a temporary moratorium on development to
allow time for implementing updated impact fees. Any moratorium
would require adoption of an ordinance and must exempt 23 currently
vested development applications. Staff is seeking general direction
from the Commission to begin drafting ordinance language, as
requested.
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.
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City Commission Regular Commission Meeting June 16, 2025
NOTE: If any person decides to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, he/she will need
a record of the proceedings, and for such purpose he/she may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 286.0105).
Individuals with disabilities needing assistance to participate in any of these
proceedings should contact the City Manager in writing at
CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd.,
Deltona, FL 32725 at least 48 hours prior to the meeting at which the person
wishes to attend. The City is not permitted to provide the use of human physical
assistance to physically handicapped persons in lieu of the construction or use of
ramps or other mechanical devices in order to comply with Florida law. If proper
accommodations for handicapped access cannot be made at a particular public
meeting venue pursuant to a timely written request under Section 286.26 F.S., the
City Manager shall change the venue of that meeting to a location where those
accommodations can be provided.
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City Commission Regular Commission Meeting June 16, 2025
DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient
public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To
that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as
determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted.
The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate
a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene,
irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the
discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also
interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise
impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority
of the City Commission, may require any individual to leave a public meeting for its duration if that
individual is unable to observe this Policy after being warned. Should an individual be required to leave a
meeting for violating this Policy, that person shall be escorted from Commission Chambers by a
Volusia Sheriff’s Deputy.
PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will
conclude after 30 minutes. Comments during Public Forum are limited to items of City business that
are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed
Agenda items will take place after discussion of each item. Please be courteous and respectful of the
views of others. In order to address the Commission, citizens must fill out a public participation slip and
give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to
the Mayor or the Commission as a whole. Members of the City Commission shall not enter into
discussion or respond to a citizen’s comments other than to give directions or to ask for clarification.
However, individual Commissioners may choose to respond under the "City Commissioner
Comments" portion of the meeting.
CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine
and non-controversial. If discussion is desired by any member of the City Commission, that item must
be removed from the Consent Agenda and considered separately. All other matters included under the
Consent Agenda will be approved by one motion. Citizens with concerns should address those
concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent
Agenda items being pulled.
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