City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
City Commission  
Monday, June 3, 2024  
6:30 PM  
Deltona Commission Chambers  
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.  
1. CALL TO ORDER:  
The meeting was called to order at 6:30 p.m. by Mayor Avila.  
2. ROLL CALL – CITY CLERK:  
Present:6 -  
Mayor Avila  
Vice Mayor JodyLee  
Commissioner Avila-Vazquez  
Commissioner Colwell  
Commissioner Heriot  
Commissioner Shimkus  
Absent:1 - Commissioner McCool  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
Invocation Presented by District #3 Commissioner.  
4. APPROVAL OF MINUTES & AGENDA:  
A.  
Approval of minutes of the Special Commission Meeting of May 2, 2024,  
the Regular Commission Meeting & Executive Session of May 6, 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 Special Commission Meeting of  
May 2, 2024, the Regular Commission Meeting & Executive Session of  
May 6, 2024, as presented. The motion carried by the following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
and Commissioner Shimkus  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
B.  
C.  
Proclamation - National Military Appreciation Month  
Proclamation - Mental Health Awareness Month  
Proclamation - LGBTQ+ Pride Month  
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.  
Mayor Avila opened the public comments and Mike Williams, Carolyn Hickerson, Charles  
Castro, Sophia Jones, Jim Dries, Heather McLean, Kamea Blackman, Terri Ellis,  
Rosemarie Latham, Carter Vance, Robin Mimna, Scott Mena, Robert Trombetta, Dr.  
Caroline Shine, Tara D'Errico, Nick Ducharme, Courtney Cross-Burgos, Kathy Bryan,  
Mathew Shaw, Gale Barr, Charleen Smith, Brandy White, Elbert Bryan, Lindsey Briones  
and Sarah Bryan addressed the City Commission.  
7. ORDINANCES AND PUBLIC HEARINGS:  
A.  
Public Hearing - Resolution No. 2024-20, Establishing the Preliminary  
Annual Rate Resolution - Stormwater Services for FY2024/2025 - Julia  
Johnson, Deputy Finance Director (386) 878-8978.  
Strategic Goal: Fiscal Issues  
The Deputy Finance Director gave a brief explanation of the item and Brian Mantz with  
GovRates gave a brief PowerPoint Presentation.  
The Commission, Interim City Manager and Deputy Public Works Director discussed  
providing information to the new City Manager, the status of the study, previous capital  
plans, the list of projects, the most available data, not wanting a deficient, the amounts  
being low and future adjustments, water quality projects, benchmarks and scope, elevating  
flooding and improve water quality.  
Mayor Avila opened the public comments and Brandy White addressed the City  
Commission.  
The Commission and Interim City Manager discussed impact fees, asking residents for  
more money, tabling the item, a project dashboard, new development, incurred costs, tax  
breaks, the Land Development Code, stormwater within new developments, and focusing  
on projects.  
Motion by Commissioner Heriot, seconded by Commissioner  
Avila-Vazquez, to adopt Resolution No. 2024-20. The Interim City  
Manager has the authority to correct scrivener's errors and the like. The  
motion carried by the following vote:  
For: 5 -  
Vice Mayor JodyLee, Commissioner Avila-Vazquez,  
Commissioner Colwell, Commissioner Heriot, and  
Commissioner Shimkus  
Against: 1 - Mayor Avila  
B.  
Public Hearing - Resolution No. 2024-21, Establishing the Preliminary  
Annual Rate of Assessment for Solid Waste (Trash) Services for FY  
2024/2025 - Julia Johnson, Deputy Finance Director (386) 878-8978.  
Strategic Goal: Fiscal Issues  
The Deputy Finance Director and Bill Redman with RCG Consulting, Inc. gave a brief  
explanation of the item.  
Motion by Commissioner Heriot, seconded by Commissioner  
Avila-Vazquez, to adopt Resolution No. 2024-21. The Interim City  
Manager has the authority to correct scrivener's errors and the like.  
Vice Mayor JodyLee asked how much money did the City receive in fines and Mr. Redman  
replied $27,000 last year or an average of $1,850 a month. Vice Mayor asked where the  
money collected goes and the Deputy Finance Director replied it goes back to solid waste.  
Mayor Avila opened the public comments and Brandy White addressed the City  
Commission.  
Bill Redman stated the RFP (Request For Proposal) included two prices. The price for  
strictly residential and with the current service for residential plus commercial under the  
three year statute of exclusive. At that time the recycling was going to cost $25,000 a month  
to the City. The City Manager and staff at that time asked WastePro for a reduction in  
pricing if the City did not continue recycling. That price came down to $10.25 therefore  
eliminated the cost of recycling. Therefore eliminating recycling at that time and saving the  
City $25,000 a month at that point in time. So the current price and the price at the  
beginning of the contract did not include recycling whatsoever and it doesn't today.  
The motion carried by the following vote:  
For: 5 -  
Vice Mayor JodyLee, Commissioner Avila-Vazquez,  
Commissioner Colwell, Commissioner Heriot, and  
Commissioner Shimkus  
Against: 1 - Mayor Avila  
C.  
D.  
E.  
Public Hearing - Resolution No. 2024-22, Establishing the Preliminary  
Annual Rate Resolution - Streetlighting Services for FY 2024/2025 - Julia  
Johnson, Deputy Finance Director (386) 878-8978.  
Strategic Goal: Fiscal Issues  
Motion by Commissioner Heriot, seconded by Vice Mayor JodyLee, to  
adopt Resolution No. 2024-22. The Interim City Manager has the  
authority to correct scrivener's errors and the like. The motion carried  
by the following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
and Commissioner Shimkus  
Public Hearing - Resolution No. 2024-23, Establishing the Annual Rate  
Resolution - Lake McGarity Aquatic Weed Control Services for FY  
2024/2025 - Julia Johnson, Deputy Finance Director (386) 878-8978.  
Strategic Goal: Fiscal Issues  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Heriot, to adopt Resolution No. 2024-23. The Interim City Manager has  
the authority to correct scrivener's errors and the like. The motion  
carried by the following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
and Commissioner Shimkus  
Public Hearing - Resolution No. 2024-24, Establishing the Annual Rate  
Resolution - Nuisance Abatement Services for FY 2024/2025 - Julia  
Johnson, Deputy Finance Director (386) 878-8978.  
Strategic Goal: Strengthen Code Compliance and focus on the City’s  
Beautification Program.  
The Deputy Finance Director and the Code Compliance Supervisor gave a brief  
explanation of the item to include the updated amount of $43,698.01 due to a payment  
being made for the property at 2751 Summerfield Street.  
The Commission and staff discussed when the total amount changed and why, tabling the  
item, and correcting the amount at final reading.  
Motion by Commissioner Heriot, seconded by Commissioner Colwell,  
to adopt Resolution No. 2024-24. The Interim City Manager has the  
authority to correct scrivener's errors and the like. The motion carried  
by the following vote:  
For: 5 -  
Vice Mayor JodyLee, Commissioner Avila-Vazquez,  
Commissioner Colwell, Commissioner Heriot, and  
Commissioner Shimkus  
Against: 1 - Mayor Avila  
F.  
Public Hearing: Ordinance No. 05-2024, amending the Comprehensive  
Plan of the City of Deltona, by amending the Capital Improvements  
Element providing for the replacement of the Capital Improvement  
Project Five-Year Schedule. - Planning & Development Services (386)  
878-8600.  
Strategic Goal: Economic Development  
The Planning & Development Department's Planning II gave a brief presentation of the item.  
The Commission and staff discussed whether students will be moved and the F.S.  
requirement.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Colwell, to approve Ordinance No. 05-2024, amending the  
Comprehensive Plan of the City of Deltona by updating the Capital  
Improvements Elements providing for the replacement of the Capital  
Improvement Project Five-Year Schedule. The motion carried by the  
following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
and Commissioner Shimkus  
8. OLD BUSINESS:  
9. NEW BUSINESS:  
A.  
Request approval for State Revolving Fund - Amendment 3 to Loan  
Agreement WW641860 with the Florida Department of Environmental  
Protection, specific to the Alexander Avenue Reclaimed Water  
Augmentation Project (aka Lake Monroe Project Phase 4B) in the  
amount of $2,638,605- Phyllis Wallace, Interim Public Works Director  
(386) 878-8965.  
Strategic Goal: Infrastructure  
The Deputy Public Works Director gave a brief explanation of the item.  
The Commission and staff discussed update on holding someone responsible, the statute  
of limitations, paying out $6.5 million and receiving nothing, the item being for executing the  
agreement, not precluding the City from pursuing legal action, project status overall, and  
getting a list of projects.  
Motion by Commissioner Heriot, seconded by Vice Mayor JodyLee, to  
approve and authorize the execution of the Revolving Fund -  
Amendment 3 to Loan Agreement WW641860 with the Florida  
Department of Environmental Protection, specific to the Alexander  
Avenue Reclaimed Water Augmentation Project (aka Lake Monroe  
Project Phase 4B) in the amount of $2,638,605. 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 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
and Commissioner Shimkus  
B.  
Consideration for a reduction in the fine of $40,050.00 assessed  
pursuant to Special Magistrate Cases DEL-22-241 MASSEY.  
Representation from SFR JV-HD PROPERTY LLC, was present  
regarding 541 Battersea Avenue, Deltona, FL 32738 - Danny Ron, Code  
Compliance Manager (386) 878-8702.  
Strategic Goal: Effective Governance and Productive Government  
The Code Compliance Supervisor gave a brief explanation of the item.  
The Commission and staff discussed when the fence was installed, when the permit was  
issued, the resident not being the owner, changing the fine to $10,000 or $20,000, the  
owner having 120 houses in Deltona, the owner knowing the rules and playing a game,  
treating residents different, the company making a profit and being able to pay the entire  
fine.  
Motion by Commissioner Colwell, seconded by Vice Mayor JodyLee, to  
deny the reduction of the $40,000 fine. The motion carried by the  
following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner Heriot,  
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.  
The Mayor stated Item 11-B will be pulled at the request of the Interim City Manager.  
The Mayor opened the public comments and Brandy White and Elbert Bryan addressed the  
City Commission.  
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.  
Motion by Commissioner Heriot, seconded by Commissioner  
Avila-Vazquez, to approve Consent Agenda Items 11-A through 11-G,  
tabling B for the next meeting. The motion carried by the following  
vote:  
For: 4 -  
Commissioner Avila-Vazquez, Commissioner Colwell,  
Commissioner Heriot, and Commissioner Shimkus  
Against: 2 - Mayor Avila, and Vice Mayor JodyLee  
A.  
Request to award the new roof at Fire Station 62 bid to Spires Roofing  
LLC. - Fire Chief Bill Snyder, Fire Department (386) 575-6902  
Strategic Goal: Infrastructure  
Approved by Consent - to approve award of Bid #24018 for a new roof at  
Station 62 to Spires Roofing at a total cost of $30,780.50 plus any  
additional costs related to the roof replacement.  
B.  
C.  
Request for Approval of Halifax Humane Society, Inc. Agreement for  
animal services. Danny Ron, Code Compliance Manager (386) 878-8702.  
Strategic Goal: Public Safety  
This item was pulled from the agenda at the request of the Interim City Manager.  
Request approval of the Task Authorization between the City of Deltona  
& Pegasus Engineering for Continuing On-Call Engineering Services  
related to stormwater management in the amount not to exceed  
$150,000 - Phyllis Wallace, Interim Public Works Director 386/878-8965  
Strategic Goal: Infrastructure  
Approved by Consent - to approve the Task Authorization with Pegasus  
Engineering for Continuing On-Call Engineering Services related to  
stormwater management in the amount not to exceed $150,000.  
D.  
Request for approval of award of RFP#24019 Cell Tower Manager and  
Agreement for Neel -Schaffer, Inc. - Glenn Whitcomb, Acting City  
Manager (386) 878-8850.  
Strategic Goal: Infrastructure  
Approved by Consent - to approved award of RFP#24019 for Cell Tower  
Manager and Agreement to Neel-Schaffer, Inc. and authorizes the  
necessary budget transfers to facilitate Commission approval and  
further authorizes the City Manager to sign any documents necessary  
to further Commission approval of this item.  
E.  
Request approval for Payment of Emergency Water Main Repairs at the  
intersection of Deltona Blvd and Normandy Blvd to P&S Paving  
($81,035.37) and Volusia County ($17,460.54); in a total amount not to  
exceed $98,495.91 - Phyllis Wallace, Interim Public Works Director (386)  
878-8965.  
Strategic Goal: Infrastructure  
Approved by Consent - to approve the Payment of Emergency Water  
Main Repairs at the intersection of Deltona Blvd and Normandy Blvd to  
P&S Paving ($81,035.37) and Volusia County ($17,460.54); in a total  
amount not to exceed $98,495.91.  
F.  
Request for approval to replace 17-year-old playground at Wes Crile  
Park - Mark Manning, Parks and Recreation, (386) 878-8905.  
Strategic Goal: The Recreation City for All: maintain public facilities at a  
superior level.  
Approved by Consent - to approve the replacement of the playground  
at Wes Crile Park with an ADA accessible and inclusive playground.  
G.  
Request for approval to replace the 18-year-old playground at Tom  
Hoffman Park with a new ADA Accessible and Inclusive Playground -  
Mark Manning, Parks and Recreation, (386) 878-8905.  
Strategic Goal: The Recreation City for All: maintain public facilities at a  
superior level.  
Approved by Consent - to approve the replacement of the playground  
at Tom Hoffman with an ADA accessible and inclusive playground.  
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:  
Commissioner Heriot requested on the next agenda the policy on proclamations to include  
language the requires the full Commission to vote on proclamations.  
Commissioner Heriot asked in reference to the tattoo shop, does the City have a formal  
process to apply for a variance and does it require forward action? The Interim City  
Manager replied yes, in this particular case yes. Has the shop owner, resident, and/or  
applicant filed or begun that process? The Interim City Manager replied not to his  
knowledge. Commissioner Heriot requested that staff assist the applicant with that process.  
Commissioner Heriot requested to find a way to accommodate special events when renting  
The Center or any other facility that is willing to rent for consecutive months in a row.  
Commissioner Heriot requested staff provide the Commission with the most current  
unrestricted fund balance for the solid waste fund.  
13. CITY ATTORNEY COMMENTS:  
14. CITY MANAGER COMMENTS:  
The Interim City Manager stated he appreciates everyone's support over the last 9.5  
months. Doc is in town moving and he spoke with him this afternoon. He wants everyone to  
know he is excited to start his tenor here with the City of Deltona.  
The Interim City Manager stated the City received a request from Deltona High about doing  
some advertising in their High School Football program for this year. There are  
sponsorships starting at $65 per quarter page and he will provide the Commission with a  
copy. He asked for a consensus from the Commission if they are interested in advertising  
and there was none.  
The Interim City Manager reminded everyone that on Saturday, June 15th from 10:00 a.m.  
to Noon there will be a Joint Workshop with the Commission and the Planning & Zoning  
Board.  
15. CITY COMMISSION COMMENTS:  
Commissioner Heriot spoke about PTSD (Post-traumatic stress disorder) awareness  
month.  
Commissioner Shimkus spoke about the community and he thanked the Interim City  
Manager for all he has done.  
Commissioner Avila-Vazquez spoke about the Memorial Day bike event and she thanked  
the Interim City Manager for all he has done.  
Commissioner Colwell thanked the Interim City Manager for taking on the position.  
The Vice Mayor thanked the Interim City Manager for stepping up and the tattoo shop.  
The Mayor spoke about Former Commissioner Loren King, he thanked the Interim City  
Manager, he responded to setting off the City Hall alarm and an email from the former  
Mayor.  
16. ADJOURNMENT:  
There being no further business, the meeting adjourned at 9:21 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK