City of Deltona

2345 Providence Blvd.

Deltona, FL 32725

Minutes

City Commission

Monday, May 6, 2024

1. CALL TO ORDER:

6:30 PM

Deltona Commission Chambers

The meeting was called to order at 6:30 p.m. by Vice Mayor JodyLee.

2. ROLL CALL – CITY CLERK:

Present:6 -

Vice Mayor JodyLee

Commissioner Avila-Vazquez

Commissioner Colwell

Commissioner Heriot

Commissioner McCool

Commissioner Shimkus

Absent:1 - Mayor Avila

3. INVOCATION AND PLEDGE TO THE FLAG:

Invocation Presented by District #1 Commissioner.

Honoring Veteran - Jim Pescha

4. APPROVAL OF MINUTES & AGENDA:

Approval of minutes of the Regular Commission Meeting of April 15,

2024, and the Special Commission Meetings of April 13th & 29th, 2024,

as presented. - Joyce Raftery, City Clerk (386) 878-8502.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Colwell, to approve the minutes of the Regular Commission Meeting of

April 15, 2024, and the Special Commission Meetings of April 13th &

29th, 2024, as presented. The motion carried by the following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

5. PRESENTATIONS/AWARDS/REPORTS:

A. Super Star Student of the Month Certificates April 2024

Proclamation - National Nurses Week

Proclamation - National Police Week

Proclamation- National Safe Boating Week

G. Proclamation - Teacher Appreciation Week

Presentation- WVHA Health Card Program

Commissioner Judy Craig & Commissioner Donna Pepin

Administrator-Stacy Tebo

Proclamation - Professional Municipal Clerks Week

6. PUBLIC FORUM: Public 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.

Vice Mayor JodyLee opened the public comments and Michael Wright, Barbara Santiago,

Robert Hewitt Jr., Richard Bellach, Doug MacDonald, Marcyana Mead, Gale Barr, Donald

Freeman, Matthew Shaw, and Christian O'Brien addressed the City Commission.

7. ORDINANCES AND PUBLIC HEARINGS:

Public Hearing - Ordinance No. 03-2024- Amending the official Zoning

Map to Rezone an approximately 1.37 - acre parcel of land located at

3150 Howland Boulevard from Professional Business Zoning District

(PB) to the City of Deltona Retail Commercial District (C-1). - Planning &

Development Services (386) 878-8600.

Strategic Goal: Economic Development

The City Attorney asked everyone that wanted to provide testimony to stand to be sworn in.

Each Commissioner expressed their ex-parte communication.

The Planner II, Jessica Entwistle, gave a brief PowerPoint Presentation to include Rezoning

Application Request, Existing Site with Zoning, Professional Business Zoning, Proposed

Zoning - Retail Commercial, Maps of Current/Proposed/Future Land Use, New Site Layout,

Matters of Consideration and Highlights, and the Staff Recommendation.

Attorney Bill Barfield, 225 South Westmonte Drive, Suite 2040, Altamonte Springs, spoke

about the change to C-1 zoning, no housing going on the property, the zoning map, property

location, business professional not the norm, residents' concerns, and Task 5 oil

containment.

Vice Mayor JodyLee opened and closed the public comments as there were none.

Motion by Commissioner McCool, seconded by Commissioner

Avila-Vazquez, to approve Ordinance No. 03-2024, amending the Official

Zoning Map to rezone a 1.37-acre parcel located at 3150 Howland

Boulevard from Professional Business to Retail Commercial at final

rehearing. The motion carried by the following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

Public Hearing - Ordinance 06-2024 Rescinding Ordinance No. 10-2007 in

its entirety; Ordinance No.05-2009 previously replaced most of the

provisions found in Ordinance No. 10-2007; The remaining provisions in

Ordinance No.10-2007 have been added to Ordinance 06-2024 or have

been pre-empted by new Florida Regulations passed in 2023 and found

in Statutes 559.955 Home Businesses, at second and final - Marsha

Segal-George, Legal (386) 878-8872.

Strategic Goal: Internal/External Communications

The City Attorney gave a brief explanation of the item.

Vice Mayor JodyLee opened and closed the public comments as there were none.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Shimkus, to adopt on second reading Ordinance No. 06-2024 Rescinding

Ordinance No. 10-2007 in its entirety; Ordinance No.05-2009 previously

replaced most of the provisions found in Ordinance No. 10-2007; The

remaining provisions in Ordinance No.10-2007 have been added to

Ordinance 06-2024 or have been pre-empted by new Florida

Regulations passed in 2023 and found in Statutes 559.955 Home

Businesses. The motion carried by the following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

8. OLD BUSINESS:

Request for approval of an increase in the amount awarded from the

William S. Harvey Deltona Scholarship Advisory Board (WSHDSB) -

Joyce Raftery, City Clerk’s Department (386) 878-8502.

Strategic Goal: Internal and External Communication.

The City Clerk gave a brief explanation of the item.

The Commission discussed the previous vote and the budget process.

Motion by Commissioner Shimkus, seconded by Vice Mayor JodyLee,

to accept Item 8-A as presented with the $50,000 line item in the budget

and presented again during the budget time where the Commission can

look at it as a global budget at that time.

Vice Mayor JodyLee opened the public comments and Timothy Blodgett, Jim Pescha, and

Christian O'Brien addressed the City Commission.

The motion carried by the following vote:

For: 4 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner McCool, and Commissioner Shimkus

Against: 2 - Commissioner Colwell, and Commissioner Heriot

9. NEW BUSINESS:

Consideration of an appointment to the Planning and Zoning Board -

Joyce Raftery, City Clerk (386) 878-8502.

Strategic Goal: Internal and external communication.

Motion by Commissioner Colwell, seconded by Commissioner McCool,

to appoint the following member to the Planning and Zoning Board for a

term to expire on March 15, 2025: Andrea Cardo and to appoint the

following alternate member to the Planning and Zoning Board for a term

to expire on March 15, 2025: Jeffrey Zlatos. The motion carried by the

following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

Request approval for Payment of Emergency Water Main Repairs at

Beaver Drive Water Plant to Danus Utilities, Inc. located in Sanford,

Florida, in an amount not to exceed $42,385.00 - Phyllis Wallace, Interim

Public Works Director (386) 878-8965.

Strategic Goal: Infrastructure

Acting Public Works Director gave a brief explanation of the item.

Vice Mayor JodyLee opened and closed the public comments as there were none.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

McCool, to approve and authorize the Payment of Emergency Water

Main Repairs at Beaver Drive Water Plant to Danus Utilities, Inc. located

in Sanford, Florida, in an amount not to exceed $42,385.00. The City

Manager has the authority to make corrections of scrivener’s errors and

the like. The motion carried by the following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

Request approval of the State Funded Grant Agreement between the

City of Deltona & the State of Florida Department of Transportation for

the Elkcam Boulevard Roadway Elevation project - Phyllis Wallace,

Interim Public Works Director 386/878-8965

Strategic Goal: Infrastructure

Acting Public Works Director gave a brief explanation of the item.

Vice Mayor JodyLee opened and closed the public comments as there were none.

Motion by Commissioner Heriot, seconded by Commissioner Colwell,

to approve the State Funded Grant Agreement between the City of

Deltona & the State of Florida Department of Transportation for the

Elkcam Boulevard Roadway Elevation project. The motion carried by

the following vote:

For: 6 -

Vice Mayor JodyLee, Commissioner Avila-Vazquez,

Commissioner Colwell, Commissioner Heriot, Commissioner

McCool, and Commissioner Shimkus

10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and

concerns on the Consent Agenda item(s). Please complete a public participation slip

and indicate in the subject line the issue you wish to address. Members of the City

Commission shall not enter into discussion or respond to individuals' comments

during the public forum other than to give directions or to ask for clarification.

Please be courteous and respectful of the views of others. Personal attacks on

Commission members, City staff or members of the public are not allowed, and will

be ruled out of order by the Mayor.

11. 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.

12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:

Commissioner Heriot reported about the success of the Volusia County Hurricane Expo

which he noted was very educational.

Commissioner McCool reported on a recent Discovery Elementary School field trip to

Embry Riddle who rescinded funding the transportation cost which now falls on the school.

After discussion, the Commission concurred to provide partial assistance to

Discovery Elementary School in the amount of $400.00 for the transportation

costs, which total $886.00 with the remainder to be covered by another source.

Vice Mayor JodyLee requested that the Interim City Manager work with a potential new

business to see what can be done the current zoning for the desired space. The Vice Mayor

noted that the business is not technically allowed under current zoning, but an exception has

been made for a business already situated in the plaza that needs the same licensing as

the proposed business. Acting Public Works Director, Phyllis Wallace, gave a brief

explanation as to the availability of C-2 and C-3 zoned locations.

After discussion, the Commission concurred to allow the Interim City Manager

to gather some information and confer with the City Attorney about what can

be done to help bring the new business in and about the current zoning

practices for the plaza.

13. CITY ATTORNEY COMMENTS:

14. CITY MANAGER COMMENTS:

The Interim City Manager thanked the City Commission for approving the contract for the

new City Manager. He will be here to go through the transition with Doc and he

congratulated him on the new position.

15. CITY COMMISSION COMMENTS:

Commissioner Heriot spoke about celebrating reaching the milestone of the new City

Manager coming in.

Commissioner Avila-Vazquez welcomed Doc who was selected by the residents and she

thanked the Interim City Manager for all he has done. She reminded everyone of the

Veteran Enforcers Motorcycle Association's Deltona Memorial Day Ride event.

Commissioner McCool asked the Interim City Manager to address the issue with the City's

bandwidth. She spoke about Deltona Water issues/leaks and that there would be a

workshop on the new Deltona Water system within 30 days. She addressed the IRS issue,

which is controversial, and the Interim City Manager gathering all the information with an

outside Attorney working on the issue. She would like to have all the information before

reporting to the public and it is not a lack of interest. The issue is not regarding back taxes

but has to do with a form regarding hospital insurance. She spoke about being transparent

and that nobody had previous knowledge of the issue, and pointed to the Commission, the

Interim City Manager, the City Attorney, and the staff who were present, until it was recently

brought up. There is a lot of misinformation being spread about this issue so she wanted

that clarified.

Vice Mayor JodyLee apologized for speaking out and being hasty regarding the IRS issue.

This issue caught everyone by surprise and nobody knew about the issue, as

Commissioner McCool stated. He stated the City needs something in place so this does

not happen again or so that someone can be held accountable. He spoke about the

previous Finance Director leaving and the issue not being all her fault but, that she left with a

big check. The Commissioners are residents too and it is their tax money too. This should

not have taken place and it was regarding a form and fines. He questioned the previous

Finance Director's signing authority and he stated an explanation of what happened needs

to come sooner rather than later.

16. ADJOURNMENT:

There being no further business, the meeting adjourned at 8:35 p.m.

______________________________

Santiago Avila, Jr., MAYOR

ATTEST:

________________________________

Joyce Raftery, CMC, MMC, CITY CLERK