City of Deltona

2345 Providence Blvd.

Deltona, FL 32725

Minutes

City Commission

Monday, July 7, 2025

1. CALL TO ORDER:

6:30 PM

Deltona Commission Chambers

PUBLIC FORUM: 6:00 PM - 6:30 PM

BUSINESS MEETING - 6:30 PM

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

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 #6 Commissioner.

4. ADDITIONS AND DELETIONS:

5. PRESENTATIONS/AWARDS/REPORTS:

Presentation - Certificate of Recognition for Deltona resident, Chris Riha

Presentation by Code Compliance Supervisor - Update on the Code

Compliance Division.

The Code Compliance Supervisor gave a brief presentation.

The Commission, the City Attorney and staff discussed sweeps, district reports, resources,

TNR (Trap Neuter release), the prohibition on cat colonies near businesses, notice of

violation, the need for vehicles, and notice to rental properties.

6. DELTONA COMMUNITY EVENTS:

7. CONSENT AGENDA:

Commissioner Avila-Vazquez requested to pull Item 7-E for discussion.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Santiago, to approve Consent Agenda Items 7-A, B, C, D, F and G. 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

and Executive Session of June 16, 2025, and the Special Meeting of

June 23, 2025, as presented.

Approved by Consent - to approve the minutes of the Regular

Commission Meeting and Executive Session of June 16, 2025, and the

Special Meeting of June 23, 2025, as presented.

Request for approval of the Second 2025 Quarterly Reports of City

Advisory Boards/Committees.

Approved by Consent - to accept the Quarterly Reports as presented.

Request for recognition(s) for the month of July.

Approved by Consent - to approve the requested recognitions for the

month of July.

Requests for presentations before the City Commission.

Approved by Consent - to approve the following presentation be made

before the City Commission on the dates specified and shall not

exceed 10 minutes.

Request for approval of Resolution No. 2025-67, approving the

Community Development Block Grant (CDBG) Annual Action Plan for

program year 2025-2026; authorizing the City Manager to execute the

required federal forms and certifications; authorizing submittal of the

plan; authorizing the administration of the plan.

Commissioner Avila-Vazquez asked if the item was to approve the grants or is it just to

continue or go forward with second step to bring to the Commission the information of how

much each organization is getting? The Housing Supervisor Development Services replied

this is an Annual Action Plan to submit to HUD (Department of Housing and Urban

Development) and the recommendations in the action plan are in your booklet.

Motion by Vice Mayor Heriot, seconded by Commissioner Santiago, to

approve Item 7-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 Resolution No. 2025-70, for the Purchase Order

for Axis Infrastructure to work on the Activity Center Overlay.

Approved by Consent - to approve Resolution No. 2025-70.

Request for approval of Resolution No. 2025-72, approving work

authorization of construction services for the Owner-Occupied

Rehabilitation Program utilizing Florida Housing Finance Corporation

State Housing Initiatives Partnership (SHIP) funds for the

Owner-Occupied repair projects.

Approved by Consent - to approve Resolution No. 2025-72, authorizing

the use of SHIP funds for the rehabilitation of the above listed

properties.

8. ORDINANCES AND PUBLIC HEARINGS:

Quasi-judicial Hearing - Request for approval of Ordinance No. 12-2024,

amending 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 IPUD within the Activity Center from

single-family residential (R1-AA) to Mixed Use Planned Unit

Development (MPUD), at second reading.

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.

The City Attorney swore in everyone that wished to speak on this item.

The City Attorney read the title of Ordinance No. 12-2024 into the record.

The Planning & Development Services Director gave a brief presentation addressing the

rehearing to include the Project Timeline and History, Key Ordinance Revisions Before

Adoption, Subject Property, Alignment with Comprehensive Plan, Proposed MPUD Plan,

Traffic Impact Analysis Summary, Planned Infrastructure Commitments, and Staff

Recommendations.

Attorney Michael Woods, Cobb Cole, 231 N. Woodland Blvd., DeLand, spoke about the

tone, required PD (Planned Development), the denial, applicant delivering everything

possible, recourse through a taking, the Activity Center, the Comprehensive Plan, Home

Rule, discretion, consequences and litigation, inherited challenges, traffic, and safety.

The Commission, the City Attorney, Attorney woods and staff spoke about traffic and roads,

gathering of property and the zoning, the request to rezone to a PUD, buildable and

allowable uses, the adoption of the activity center, expectation of future use, community

meeting, policy changes, and meeting the requirements.

The Mayor opened and closed the public hearing as there were none.

Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to

approve Ordinance No. 12-2024, amending the official zoning map to

rezone 36.46-acres of land from R1-AA to MPUD, at adoption.

Commissioner Colwell requested to amend the motion to include a stipulation that at least

75% of the commercial is built and approved, CO'd (Certificate of Occupancy), before any

residential is started. Attorney Woods replied the applicant would not be willing to agree to

that.

Commissioner Santiago asked if the applicant would agree that everything would start at

the same time and Attorney Woods replied for the site preparation is okay, but to obligate

the coordination of all of it at the exact same time is not a practical condition to require. If

what is being asked is to do the site condition and grading for everything upon the start of

the work for the first out of the ground before the other elements, that would be fine.

Amended motion by Commissioner Santiago, seconded by Vice Mayor

Heriot, to due the site condition and grading for everything upon the

start of the work for the first out of the ground before the other

elements. The amended 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

Public Hearing - Ordinance No. 24-2025 - Creating Chapter 111,

“Architectural and Building Design Standards,” and amending Section

70-30, “Definitions” to include regulation updates of the Land

Development Code of the City of Deltona, at first reading.

The City Attorney read the title of Ordinance No. 24-2025 into the record.

Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to

approve Ordinance No. 24-2025. 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 second and final reading.

The City Attorney read the title of Ordinance No. 27-2025 into the record.

Motion by Vice Mayor Heriot, seconded by Commissioner Colwell, to

approve Ordinance No. 27-2025, solicitation on public road

rights-of-ways. 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

9. ACTION ITEMS:

Request for approval of Resolution No. 2025-59 award RFQ#24034 to

Mead and Hunt for professional engineering services to rehabilitate or

replace the Deltona Lakes Water Reclamation Facility.

The City Attorney read the title of Resolution No. 2025-59 for the record.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Santiago, to approve Resolution No. 2025-59. 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. 2025-68, establishing a

Community Land Trust program to be managed by a Community Land

Trust Organization; to create program guidelines for the program; to

identity fund and/or real property for inclusion in the Community Land

Trust.

The City Attorney read the title of Resolution No. 2025-68 for the record.

Motion by Commissioner Avila-Vazquez, seconded by Commissioner

Howington, to approve Resolution No. 2025-68, establishing a

Community Land Trust Program and authorize the City Manager to

identify and recommend a qualified Community Land Trust Partner to

carry out the objectives outlined in the resolution.

Commissioner Santiago asked if the funding for this community land trust is not coming

from the general fund and Mr. Grose replied correct, it is just SHIP (State Housing Initiatives

Partnership) and CDBG ((Community Development Block Grant) funds.

The motion carried by the following vote:

For: 6 -

Mayor Avila, Commissioner Avila-Vazquez, Commissioner

Colwell, Commissioner Howington, Commissioner Lulli, and

Commissioner Santiago

Against: 1 - Vice Mayor Heriot

Request for approval of Resolution 2025-73 authorizing participation in

pre-suit notice under Senate Bill 180 related to Ordinance No. 02-2025.

Gemma Torcivia, City Attorney.

Vice Mayor Heriot returned to the meeting and voted yes to Item 9-B.

The City Attorney read the title of Resolution No. 2025-73 for the record.

Motion by Commissioner Howington, seconded by Commissioner

Avila-Vazquez, to approve Resolution No. 2025-73.

The City Attorney stated the City received this pre-suit notice on June 27th. This is the same

party that the City is already litigating with on the Howland Station Condo Developers, LLC

versus the City of Deltona case. So, this pre-suit notice is related to the December 2024

live local ordinance which was passed unanimously by this Commission. Senate Bill 180,

which has now been codified and was signed into law on June 26th, the day before the City

received the pre-suit notice. If the City wants to avoid the attorney’s fee provision which is

provided for in Senate Bill 180, as a body the Commission would need to take action

ideally tonight, the City has 14 days essentially. The Commission could give directions for

legal to retract or take steps or provide the Commission’s intent to retract that ordinance.

So, the Commission could have a discussion, ask questions, and talk through potential

options with respect to the pre-suit notice. At a minimum legal will respond and we would

like the authority to do that but we wanted to give the Commission that opportunity to have

this discussion so that it can consider the options. This pre-suit notice is specific to Senate

Bill 180 in that it requires that before a plaintiff can bring the action they have to notify the

City and then the City has a period of time in which it could retract the ordinance that they

find to be problematic or in their position is in violation of Senate Bill 180. In the pre-suit

notice, they assert that the City’s Ordinance No. 02-2025 from December 23, 2024, is null

and void and as such it is in violation of Senate Bill 180 because it is a more restrictive

ordinance from the original live local ordinance. Essentially, they are doing two types of

lawsuits, they could amend their existing lawsuit to add this count, or they could bring a

second suit. The question is, does the Commission want to take the beginning steps to

retract Ordinance No. 02-2025 which is more restrictive under Senate Bill 180? If legal took

this case through its conclusion, it is likely that it would be found to be more restrictive. It is a

more restrictive ordinance than the original live local ordinance that was passed.

The Commission and City Attorney discussed complying with live local legislation, land use

regulations, complying with State laws and that process, that there was no malice, SB 180

being more restrictive, attorneys' fees, the developers application and the project, land

being deed restricted, retracting the ordinance to comply with SB 180, live local

exemptions, bonds, and incurring legal costs.

The City Attorney stated if the Commission gives direction to retracts Ordinance No.

02-2025 it would not end the active case but, it could open resolution of that case.

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

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

Request for approval of Resolution 2025-74 authorizing participation in

all Commission approved options and direction concerning Senate Bill

180. Gemma Torcivia, City Attorney.

The City Attorney read the title of Ordinance No. 2025-74 into the record.

Motion by Commissioner Howington, seconded by Commissioner Lulli,

to approve Resolution 2025-74.

The City Attorney stated at the last meeting the Commission gave legal directions to

explore options with respect to Senate Bill 180. Legal has reached out to some other

governments that find Senate Bill 180 to be problematic and that they might want to bring a

legal challenge against the State. Deltona is ahead of the curve with respect to Senate Bill

180 and to the challenge in that a lot of the other governments that they spoke to felt that

there may be an interest in moving forward, but they had not had a meeting yet. Out of the

ones that legal spoke to, Deltona were the first to receive a pre-suit notice. It does seem

that there are other governments that likely based on their comments, based on these

discussions, based on the media and the news that likely will want to join a group. She

recommended if the Commission wanted to move forward to challenge Senate Bill 180 that

the Commission give her direction to continue to explore this with the intent of moving

forward in a coalition of other governments with the understanding that it will come back to

the Commission again for a vote before any other formal action is taken. Before the City

commits to an engagement agreement with a firm who is going to lead this litigation, she

had a good conversation with a firm that had success in litigation a few years back. Their

lead attorney is Jamie Cole with the Weiss Serota Helfman Cole + Bierman law firm.

Attorney Torcivia is very familiar with them, they are based in Broward County and she

provided several litigation successes. Attorney Cole is able to establish a good faith legal

basis to for the challenge of law, then there likely will be an action that is brought under and

he would be the lead attorney. Then the other governments would come together to bring

this action. She recommended the City work with Attorney Cole if that is the direction the

Commission wants to pursue.

Amended motion by Commissioner Howington, seconded by

Commissioner Lulli, to approve Resolution No. 2025-74, to continue

forward with the research and move forward with a coalition that will

come back before the Commission for a final decision upon the

outcome of the research and the coalition's determination.

The Commission discussed being the leader and not the follower, SB 180 being law,

wasting tax dollars, this being a suicide mission, and potential law suits.

The Mayor opened the public comments and the residents addressed the City

Commission.

The Commission discussed not being against development, helping families, flooding

issues, halting development, fixing current issues, history of Governors, the intent of SB

180, restricting development, notice from the State, Monroe County immigration,

leadership, stormwater, keeping tax dollars in Deltona, not leading the charge, taking back

Home Rule, both parties passing SB180, and being reduced to ribbon cutters.

The amended 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

10. CITY ATTORNEY COMMENTS:

11. CITY MANAGER COMMENTS:

The City Manager stated in August, staff will be doing a presentation about the 4B project

which includes the stalled project and repair or the replacement of the Lakeshore boat

ramp. So, there are some options staff are going to be bringing to the Commission. Also,

residents have been asking why the lakes are getting lower and to close the gate. Mother

nature is lowering the lakes and the water is well below the gate, the gate is locked and

closed already. Anything that is leaving now is due to evaporation and absorption as we go

through a bit of a drought.

12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS:

Commissioner Lulli spoke about rainfall in District 6.

Commissioner Howington spoke about the budget binder.

Commissioner Howington requested a consensus to bring back the fireworks

ordinance Legal recently addressed noise which is a part of how you address

fireworks. The City Attorney stated the City does have a standalone fireworks

provision which is related mostly to the sale of fireworks. Legal can certainly

work with general counsel for VSO to see if what issues may be coming up in

the field that can be addressed. The Commission concurred with Commissioner

Howington's request.

Commissioner Howington requested a consensus on whether or not the Commission thinks

it would be important to add disclaimers to new residential development to notify them of

potential flooding, substandard roads, inadequate fire service, potential smoke from routine

burns, etc.

The Commission and City Attorney discussed handling on a case by case basis, a

condition of approval through the approving agency, cautioned putting the City at risk

especially for services the City provides, increasing population, residents safety, complying

with all required statutes and ordinances, providing sufficient services, adding more or

better services in the budget, adding it to the application process, coming back with

options, and requiring the developer to disclose information.

The Commission with the exception of Mayor Avila concurred with

Commissioner Howington's request.

Commissioner Avila-Vazquez spoke about the passing of Mike Williams' wife and Volusia

County Schools receiving an A Grade.

Commissioner Santiago provided clarification regarding the budget binder, her history as

an employee and knowing City processes. She spoke about Janet Day's passing and the

upcoming Back to School Fair.

Vice Mayor Heriot spoke about July 4th and community pride.

Mayor Avila spoke about July 4th, property taxes, senate bills against Home Rule, and

working with the Planning & Development Services Director on amendments for SB 180.

13. ADJOURNMENT:

There being no further business, the meeting adjourned at 9:13 p.m.

______________________________

Santiago Avila, Jr., MAYOR

ATTEST: