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:

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:

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:

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

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.

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:

For: 7 -

Mayor Avila, Vice Mayor Heriot, Commissioner

Avila-Vazquez, Commissioner Colwell, Commissioner

Howington, Commissioner Lulli, and Commissioner Santiago

Request for approval of Resolution No. 2025-60 for legal representation

in a potential claim.

Approved by Consent - to approve Resolution No. 2025-60.

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.

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:

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

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,

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

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

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

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

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

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

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

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:

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

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.

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

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

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

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

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.

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

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

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: