City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
City Commission  
Monday, May 1, 2023  
1. CALL TO ORDER:  
6:30 PM  
Deltona Commission Chambers  
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 Bradford  
Commissioner Avila-Vazquez  
Commissioner Burbank  
Commissioner Colwell  
Commissioner JodyLee  
Commissioner McCool  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
Invocation presented by District #6 Commissioner.  
4. APPROVAL OF MINUTES & AGENDA:  
A.  
Approval of minutes of the Regular Commission Meeting of April 17,  
2023, as presented - Joyce Raftery, City Clerk (386) 878-8502.  
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor  
Bradford, to approve the minutes of the Regular Commission Meeting of  
April 17, 2023, as presented. The motion carried by the following vote:  
For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner  
Avila-Vazquez, Commissioner Burbank, Commissioner  
Colwell, and Commissioner McCool  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
B.  
C.  
Super Star Student of the Month Certificates for April 2023.  
Proclamation - Day of Prayer.  
Proclamation - Mental Health Awareness Month.  
D.  
Proclamation - Professional Municipal Clerks Week.  
Mayor Avila called for a recess at 6:45 p.m. and reconvened at 6:48 p.m.  
6. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on  
the agenda and comments on items listed on the agenda will take place after  
discussion of each item. Please be courteous and respectful of the views of  
others. 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. However, individual Commissioners may  
wish to respond under their "City Commission Comments". 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. Citizen comments for any items. (4 minute maximum length per speaker).  
Billy Fowler, Douglas MacDonald, Barbara Hanrahan, Janet Deyette, Richard Bellach,  
Former Commissioner Sosa, and Brandy White addressed the City Commission.  
7. ORDINANCES AND PUBLIC HEARINGS:  
A.  
Public Hearing - Ordinance No. 07-2023, repealing Ordinance No.  
11-2018, Chapter 96-Improvements-Article II-Design and Construction  
Standards of Improvements-Section 96-34-Water and Sewer, (c) Sewer  
Facilities; By creating a new Subsection (C) 7-Relating to Sewer  
Connection; Repealing New Subsection (C) 7-Relating to Sewer  
Connection. - City Manager (386) 878-8858.  
Strategic Goal: Infrastructure  
The City Manager stated this is a repeal of an Ordinance that is not lawful according to  
the Statutes of Florida.  
Motion by Vice Mayor Bradford, seconded by Commissioner Colwell, to  
adopt Ordinance No. 07-2023 at second and final reading. The motion  
carried by the following vote:  
For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner  
Avila-Vazquez, Commissioner Burbank, Commissioner  
Colwell, and Commissioner McCool  
8. OLD BUSINESS:  
A.  
Motion for rehearing of Ordinance No. 04-2023, Request to amend the  
Deltona Village Business Planned Unit Development (BPUD) overall  
Development Plan/Master Development Plan increasing the number of  
multi-family unit allocation for the BPUD from 414 units to 652 units;  
amendment to the Development Agreement approved by Ordinance No.  
21-2009; and rezone an additional 26.57 acres of land to be included  
within the Deltona Village BPUD.  
Commissioner JodyLee joined the meeting electronically at 7:27 p.m.  
The City Attorney asked that everyone that would like to provide testimony on this item  
to stand to be sworn in.  
Each Commissioner expressed their ex parte communications.  
Planning & Development Services Interim Director Joe Ruiz gave a brief explanation of  
the item to include the previous hearing and vote, school concurrency and the traffic  
studies.  
The Applicant's Attorney Kim Booker, Booker and Associates, P.A., gave a brief  
explanation of the item to include vested rights, trips, the Comprehensive Plan, she  
listed the facts and the portions of the code, the Development Order, the level of  
service, mitigation threshold, the Activity Center, and the equivalency matrix.  
The Commission and staff discussed no proposed changes, vote required, and vested  
rights.  
Motion by Vice Mayor Bradford, seconded by Commissioner Burbank, to  
grant a rehearing of Ordinance No. 04-2023 for the following reasons:  
this does fall within our comp plan; it does fall within everything; we do  
not have a right to go against their vested interest; we do not have a  
right to go against anything and add our own opinion and personal  
opinion when it comes to items of a quasi-judicial hearing; and therefore  
we have to stick to the facts, the whole truth and nothing but the truth  
unless you are a professional to add to that.  
Richard Bellach, Brandy White, and Dave Munoz addressed the City Commission.  
Commissioner McCool asked that the motion be amended to include a time specific  
rehearing date of 60 days because the School Board is still clearing concurrency.  
Amended motion by Vice Mayor Bradford, seconded by Commissioner  
Burbank, to include that the ordinance is reheard at the next possible  
meeting that is available. The amended motion carried by the following  
vote:  
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner  
Avila-Vazquez, Commissioner Burbank, Commissioner  
Colwell, Commissioner JodyLee, and Commissioner McCool  
9. NEW BUSINESS:  
A.  
Consideration of appointment or re-appointment of seven (7) members  
to the William S. Harvey Deltona Scholarship Advisory Board. - Joyce  
Raftery, City Clerk (386) 878-8502.  
Strategic Goal: Internal and External Communication.  
Motion by Vice Mayor Bradford, seconded by Commissioner  
Avila-Vazquez, to confirm the Commission appointments of David  
Dawson, Christina Raimundo, Angela Hudson, Harry Meeks, Ruben  
Medina, Lori Burbank and Sandra Dillard for a term to expire on May 31,  
2025 to the William S. Harvey Deltona Scholarship Advisory Board. The  
motion carried by the following vote:  
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner  
Avila-Vazquez, Commissioner Burbank, Commissioner  
Colwell, Commissioner JodyLee, and Commissioner McCool  
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.  
Brandy White 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.  
Mayor Avila pulled Item 11-B for discussion.  
Motion by Vice Mayor Bradford, seconded by Commissioner  
Avila-Vazquez, to approve the work order agreement with CPH, LLC. The  
City Manager has the authority to correct Scrivener's errors and the like.  
The motion carried by the following vote:  
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner  
Avila-Vazquez, Commissioner Burbank, Commissioner  
Colwell, Commissioner JodyLee, and Commissioner McCool  
A.  
Request approval of work order agreement with CPH, LLC. for  
continuing consulting engineering services for City Hall Upgrades and  
Repairs. - Mark Manning, Parks & Recreation (386) 878-8905.  
Strategic Goal: Infrastructure  
Approved by Consent Agenda - to approve the work order agreement  
with CPH, LLC. The City Manager has the authority to correct Scrivener's  
errors and the like.  
B.  
Request approval to authorize the utilization of Pegasus Engineering &  
TetraTech, Inc. to provide professional services related to Grant  
Compliance Services on an as needed basis. The City requires qualified  
firms skilled in providing assistance and support for grant management  
in order to maximize and leverage funding from the Federal Emergency  
Management Agency, the State of Florida Division of Emergency  
Management, the Department of Economic Opportunity and other  
funding partners at the State & Federal levels. Glenn Whitcomb, Public  
Works/Deltona Water (386) 878-8929.  
Strategic Goal: Infrastructure  
The Commission, City Manager and staff discussed the bid process, accountability, the  
4-B Project and its history, and consultants.  
Motion by Vice Mayor Bradford, seconded by Commissioner  
Avila-Vazquez, to approve the request to utilize the professional services  
of Pegasus Engineering & TetraTech, Inc. specifically related to Grant  
Compliance Services on an as needed basis. The City Manager has the  
authority to make corrections of scrivener's errors and the like. The  
motion carried by the following vote:  
For: 5 - Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell, and  
Commissioner McCool  
Against: 2 - Mayor Avila, and Commissioner JodyLee  
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:  
Commissioner Burbank requested a workshop to discuss repealing Ordinance No.  
12-2016 and he also requested to have events again at the Amphitheater.  
Commissioner Avila-Vazquez requested an explanation regarding the Mayor's logo and  
the City's logo and if the Mayor's logo was legal. The City Attorney replied yes, the logo  
is legal.  
Commissioner McCool gave a report on the last Transportation Planning Organization  
(TPO) meeting and she asked if anyone would like the TPO monthly report just let her  
know. She requested that the City Manager and City Attorney prepare by the next  
meeting an update on any type of litigation with Stone Island.  
Commissioner JodyLee requested an overall audit and an update on all pending  
lawsuits.  
Vice Mayor Bradford requested to look into solutions for speeders and using roads as  
cut throughs like N. Normandy Blvd., Sullivan Street, Saxon Blvd. and Finland Drive.  
Public Works Deputy Director Phyllis Wallace replied staff can look at the previous data  
as well as updated data. Vice Mayor Bradford would also like to have staff look at a  
roundabout at Sullivan Street and Normandy Blvd.  
Mayor Avila requested that staff look into raising sidewalks.  
Mayor Avila requested a consensus for him to sign a supporting letter to the  
school board so they can implement a Narcan policy at the schools and the  
Commission concurred.  
Mayor Avila requested that staff contact Amazon to have them stop parking their vans in  
the middle of the roadways. He requested an update on the house located on Howland  
Blvd. with an adjusters sign on the fence. He also requested a stop sign at Courtland  
Blvd. by the Skate Park. The City Manager replied staff is going to look at all the things it  
can do as it relates to traffic.  
Mayor Avila requested the Commission consider finding $5,000 in the City's budget for  
the Galaxy Middle School STEM (Science, technology, engineering and mathematics)  
Program so the kids can go to Wichita Kansas.  
Commissioner McCool requested an update on the $50,000 that was being paid to the  
Neighborhood Center every year, homeless shelter.  
Commissioner Avila-Vazquez suggested the group do events at The Center to raise  
funds and she suggested the group get in touch with the Parks & Recreation Director.  
Vice Mayor Bradford agreed to help the school raise funds for the trip by having events  
either at The Center or the Amphitheater.  
Commissioner McCool suggested doing a lottery each year to award funds to schools.  
13. CITY ATTORNEY COMMENTS:  
The City Attorney stated the carrier has accepted the Stone Island litigation and they will  
be handling and assisting in the litigation. She is trying to put dates together for a shade  
meeting so the Commission can sit with the lawyer for the carrier that has been  
assigned and discuss some of the particulars of the claim. With regards to other claims,  
Florida a couple of years ago charged the law with regards to what you can have shade  
meetings for. The City cannot have a shade meeting just because a claim has been  
filed. We must have actual litigation to schedule a shade meeting with the Commission.  
All information with regards to claims under Florida Statutes is protected and  
confidential until such time as there is a result.  
14. CITY MANAGER COMMENTS:  
The City Manager stated that coming from Tallahassee, the City has received funding  
for the East Wastewater Treatment Plant, the Fisher Wastewater Treatment Plant, the  
Elkcam Drive project for raising the road and for the design of the Theresa Basin  
Outfalls and flood control. The significance of that is that they know this is the first  
request and that there will be other requests on these projects so it is on their radar for  
future funding.  
The City Manager stated there will be a resident flood information workshop held on  
Thursday, May 18th from 6:00 - 7:00 p.m. in the Commission Chambers.  
15. CITY COMMISSION COMMENTS:  
Commissioner Avila-Vazquez spoke about the Deltona High School ROTC Ball, the  
Bacon and Brew event, Arbor Day, New Hope Services' Anniversary, and the Discovery  
Elementary Ride/Walk.  
Commissioner McCool spoke about her Florida Cancer Specialist fundraiser, unchecked  
growth and traffic, educational concurrency, and the teacher deficit.  
Commissioner JodyLee spoke about sidewalk improvements.  
Vice Mayor Bradford spoke about the City Manager's Report, resident flooding, grant  
funds, Tennis Play, Volleyball open gym, Bonkers, the Flow Mobile, graduations and  
award ceremonies.  
16. ADJOURNMENT:  
There being no further business, the meeting adjourned at 8:41 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK