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, January 6, 2025  
6:30 PM  
Deltona Commission Chambers  
REVISED 1/3/2025  
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.  
N/A  
Background:  
4. ADDITIONS AND DELETIONS:  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
Recognition to the Deltona Wolves Coaches and Players for winning  
the 12U East Coast Conference Championship.  
Background:  
6. DELTONA COMMUNITY EVENTS:  
7. CONSENT AGENDA:  
A.  
N/A  
Background:  
B.  
October through December 2024 Quarterly Reports of City Advisory  
Background:  
Boards/Committees:  
1. Affordable Housing Advisory Committee  
2. Firefighter Pension Board  
3. Planning and Zoning Board  
4. Team Volusia  
C.  
The City’s previous insurance carrier, PGCS, provides legal  
representation for the Deltona Retail Holdings and the Anson, et. al.  
(Stone Island Class Action) case matters. Attorney Dale Scott, through  
his previous firm Roper, Townsend & Sutphen, PA, was the attorney  
assigned to both case matters as insurance defense counsel. Mr.  
Scott has since joined the firm Tessitore Mari Scott, PLLC. Due to the  
complex nature of the facts and law involved in these two litigations, it is  
in the best interest of the City for Mr. Scott to continue his  
Background:  
representation under the new firm. The coverage limitation from PGCS  
on each case matter is $100,000, so the City will be liable for expenses  
once coverage is exhausted.  
Maverick Bench Media Company v. City of Deltona is a contracts and  
indebtedness matter filed by the former City Attorney that is schedule  
for Jury Trial in May of 2025 and is not subject to insurance coverage. It  
is also recommended that Mr. Scott represent the City in this matter.  
Further, it is in the best interest of the City to authorize the City Attorney,  
TG Law, PLLC, to represent the City in the above mentioned litigation  
matters and supervise Mr. Scott as the City’s outside counsel.  
D.  
The Fire Department requests approval to replace the existing  
AutoPulse cardiac resuscitation platforms with twelve new units which  
may be reimbursement through the Opioid reimbursement grant.  
Background:  
The budgeted amount for this replacement is $350,000, with a quote of  
$349,592.84 for the new platforms. The City was approved for the grant  
by the Volusia County Opioid abatement board for reimbursement and  
is awaiting final approval by the Volusia County Council.  
E.  
2560 West Tulsa Drive was severely impacted by Hurricane Ian. The  
property was rendered unhabitable while the resident worked on the  
interior repairs & restoration efforts. The resident applied for HMGP  
assistance to have his home elevated.  
Background:  
HMGP is a 75/25 cost share program that is administered by FDEM on  
behalf of FEMA. Specific to 2560 West Tulsa Drive, the estimated cost  
to elevate the home is $364,560 of which FEMA will cover $273,420  
(75%) while the homeowner will be responsible for the remaining  
$91,140 (25%). The homeowner is working with CDBG for applications  
for SHIP & CDBG-DR funds to assist with the funding of the local  
match.  
Because this is a reimbursement program with the City of Deltona as  
the applicant and sub-recipient, the City will need to have funding  
available to pay for the elevation cost estimated at $364,560 and  
submit for reimbursement draws with FDEM. However, before the  
elevation project commences, the City will need to receive the local  
match payment in full from the homeowner, even if SHIP/CDBG-DR  
funds are not available.  
F.  
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.  
Background:  
The existing residential structure at 2560 West Tulsa Drive is in the  
Lake Windsor/ Elston Lake drainage basin. The Lake Windsor/ Elston  
Lake 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 elevation of the home - and the City upfronted the application  
cost $19,895. The property has now received “approval” by FDEM &  
FEMA to proceed.  
HMGP applications are a 75/25 cost share, where the property owner  
is required to pay the requisite 25% cost. The City committed to  
up-front the cost of the approved projects, so long as the resident(s)  
had secured the request 25% share. 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.  
G.  
Fernanda Subdivision Phase I & II have access to Howland Boulevard  
through unincorporated Volusia County. It had been the intent of the  
City and County to have that portion of Fernanda Drive transferred to  
the City of Deltona. The attached Agreement provides for that transfer  
of jurisdictional control from Volusia County to the City of Deltona.  
Background:  
H.  
This grant agreement is required for the City to receive reimbursed by  
FEMA for the cost of debris removal, emergency protective measures  
and for any damages to city buildings and infrastructure. The cost  
share from the federal government is not to be less than 75% of eligible  
costs. The State of Florida Department of Emergency Management  
will provide a match of no less than 12.5% and the city makes of the  
remaining amount. The amount of federal funds obligated has not been  
determined at this time.  
Background:  
I.  
Per- and Polyfluoroalkyl Substances (“PFAS”) have been used widely  
in various industries for decades for items such as nonstick coatings,  
firefighting foams, waterproof fabrics, and food packaging. However,  
mounting evidence suggests that PFAS pose significant health risks  
and environmental harm. The purpose of this litigation is to seek  
Background:  
reimbursement of the costs incurred and to be incurred to investigate  
and remediate soil, groundwater and surface water, as well as to  
design, construct and operate drinking water treatment systems arising  
out of contamination caused by the conduct of the defendants in this  
litigation.  
The Ferraro Law Firm represents plaintiffs in this and other multidistrict  
PFAS litigation suits and believes the City of Deltona may be entitled to  
compensation. The Ferraro Law Firm is prepared to finance the entire  
litigation including all out-of-pocket expenses and disbursements and  
handle the lawsuit on a contingent fee basis.  
J.  
This is the First Quarter budget amendment for Fiscal Year 2024-2025.  
Background:  
The Commission approved the annual budget for FY 2024-2025 on  
September 16, 2024. This amendment is necessary to account for  
additional grant funds received.  
K.  
Per the City Recognition Policy adopted by the City Commission at the  
Background:  
Regular Commission Meeting held on Monday, June 17, 2024, the  
following recognitions are being requested for the month of January:  
1. 2025 CRNA (Certified Registered Nurse Anesthetists) Week  
8. ORDINANCES AND PUBLIC HEARINGS:  
9. ACTION ITEMS:  
A.  
On July 15, 2024 Manuel Rodriguez resigned from AHAC which has the  
following openings: (h) Actively serves on the local planning agency and  
(k) Representative of essential services personnel. The following  
people have applied: Phyllis Allen, Elizabeth Chavez, Rae A. Maynard,  
and Janae Ponder. If, due to reasonable factors, a citizen actively  
engaged in these activities in connection with affordable housing is not  
available for appointment to the committee, a citizen engaged in the  
activity without regard to affordable housing may be appointed.  
Background:  
B.  
The terms of two (2) citizen members of the Firefighters’ Pension Plan,  
Board of Trustees, Gene Gizzi and Robert B. Lindemann, expire on  
January 15, 2025. Both have indicated that they would like to be  
Background:  
re-appointed. The Board openings have been advertised. The following  
individuals have applied for consideration of appointment to this Board:  
Gene Gizzi, Robert B. Lindemann and Elizabeth Chavez. In accordance  
with the City’s Ordinance No. 21-2011 Sec. 46-28, “The board shall  
consist of five members, two of whom, unless otherwise prohibited by  
law, shall be legal residents of the City, who shall be appointed by the  
Deltona City Commission”.  
C.  
Manuel Rodriguez, the District #4 appointment, resigned from the  
Planning and Zoning Board on October 16, 2024. There are two  
vacancies, one member from District 4 which expires March 15, 2026  
and one alternate which expires March 15, 2025. The appointments  
will serve for the remainder of the terms. The City has received  
applications from the following individuals: Alternates Tara D’Errico and  
Jeffrey Zlatos. Applicants Matthew Borgens, Elizabeth Chavez, Hope  
George, Christopher Leon, Rae Maynard, Karen Neher, Matthew Shaw,  
Daniel Trojanowski and Lori Warnicke.  
Background:  
D.  
LEHA Investment Properties, Inc. (applicant) has proposed a  
Proportionate Fair Share Agreement to mitigate the projects impacts to  
Howland Boulevard pursuant to F.S. 163.3180(5)(h) for LEHA Business  
Park, consisting of 26,250 square feet of medical-dental office  
buildings, and 637 units of storage facilities, including RV parking. The  
applicant will pay approximately $105,818.87 in impact fees once they  
apply for the building permit.  
Background:  
E.  
This item is to clean up and streamline the Deltona City Commission  
Operating Guidelines & Meeting Rules and Procedures.  
Background:  
10. CITY ATTORNEY COMMENTS:  
11. CITY MANAGER COMMENTS:  
12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS:  
13. ADJOURNMENT:  
CONTINUATION OF PUBLIC FORUM  
*This is only for individuals who submitted a request to speak form during the 6:00  
p.m. Public Forum and were not afforded the opportunity to speak.  
NOTE: If any person decides to appeal any decision made by the City Commission  
with respect to any matter considered at this meeting or hearing, he/she will need  
a record of the proceedings, and for such purpose he/she may need to ensure that  
a verbatim record of the proceedings is made, which record includes the testimony  
and evidence upon which the appeal is to be based (F.S. 286.0105).  
Individuals with disabilities needing assistance to participate in any of these  
proceedings should contact the City Manager in writing at  
CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd.,  
Deltona, FL 32725 at least 48 hours prior to the meeting at which the person  
wishes to attend. The City is not permitted to provide the use of human physical  
assistance to physically handicapped persons in lieu of the construction or use of  
ramps or other mechanical devices in order to comply with Florida law. If proper  
accommodations for handicapped access cannot be made at a particular public  
meeting venue pursuant to a timely written request under Section 286.26 F.S., the  
City Manager shall change the venue of that meeting to a location where those  
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.