City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
City Commission  
Monday, May 22, 2023  
6:00 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 County 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.  
Terri Ellis, Sue King, Billy Fowler, Richard Bellach, Tara D'Errico, Kathy Bryan, Brandy  
White, David Sosa and Barbara Santiago addressed the City Commission.  
Commissioner JodyLee and Commissioner Colwell arrived at the meeting at 6:14 p.m.  
BUSINESS MEETING - 6:30 PM  
1. CALL TO ORDER:  
2. ROLL CALL – CITY CLERK:  
Present:6 -  
Vice Mayor Bradford  
Commissioner Avila-Vazquez  
Commissioner Burbank  
Commissioner Colwell  
Commissioner JodyLee  
Commissioner McCool  
Absent:1 - Mayor Avila  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
Invocation Presented by the Mayor.  
4. APPROVAL OF MINUTES & AGENDA:  
A.  
Approval of minutes of the Regular Commission Meeting of May 1, 2023,  
as presented. - Joyce Raftery, City Clerk (386) 878-8502.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
McCool, to approve the minutes of the Regular Commission Meeting of  
May 1, 2023, as presented. The motion carried by the following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
B.  
Proclamation - Emergency Medical Services Week- May 21-27, 2023.  
Proclamation - National Police Week 2023  
6. ORDINANCES AND PUBLIC HEARINGS:  
A.  
Public Hearing - 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 - Joseph Ruiz, Planning &  
Development Services (386) 878-8624.  
Strategic Goal: Provide a diversity of housing choices in the City.  
Planning & Development Services Director Joe Ruiz stated the applicant has requested a  
continuance to the next available City Commission meeting. Attorney Kim Booker, Booker  
and Associates, P.A., stated the reason for the continuance was due to receiving additional  
information this morning that they would like time to analyze.  
Commissioner McCool, the City Attorney and Attorney Kim Booker, Booker and  
Associates, P.A., discussed legal options, the continuance and additional information.  
Mr. Ruiz stated that any discussions between staff and the applicant that would alter the  
application would come before the Commission.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Burbank, to continue the hearing to the next available regularly  
scheduled meeting on June 19, 2023. The motion carried by the  
following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
B.  
Public Hearing - Ordinance No. 05-2023, amendment to the Official  
Zoning Map to rezone approximately 1.76 acres of land from Business  
Planned Unit Development (BPUD) to Retail Commercial (C-1) at first  
reading - Joseph Ruiz, Planning and Development Services Interim  
Director, (386) 878-8624.  
Strategic Goal: Develop the Infrastructure and Land Need for Business  
Development  
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 Director Joe Ruiz gave a brief description of the item to  
include the location, the BPUD (Business Planned Unit Development) zoning, future land  
use, Catalina Pointe rezoning, traffic, uses allowed and staff recommendation.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Burbank, to approve Ordinance No. 05-2023, amending the Official  
Zoning Map to rezone 1.76 acres of land from Business Planned Unit  
Development (BPUD) to Retail Commercial District (C-1) at first reading  
and schedule the second and final reading for June 19, 2023. The City  
Manager has the authority to make corrections of scrivener's errors and  
the like.  
Attorney Glenn Storch representing the applicant, Storch Law Firm, 420 S. Nova Road,  
Daytona Beach, gave a brief explanation of the item to include the Catalina Pointe project,  
the designation, terms of the PUD (Planned Unit Development), and stormwater.  
Vice Mayor Bradford opened and closed the public hearing as there were no public  
comments from residents with or without standing.  
The motion carried by the following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
C.  
Public Hearing - Ordinance No. 06-2023 amending the Comprehensive  
Plan of the City of Deltona, amending the Capital Improvements  
Element by providing for the replacement of the Capital Improvement  
Project sheets, at first hearing - Joseph Ruiz, Planning and  
Development Services Interim Director, (386) 878-8624.  
Strategic Goal: Provide Sustainable and Effective Public Services  
Planning & Development Services Director gave a brief explanation of the item.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Burbank, to adopt Ordinance No. 06-2023, approving the 2022-2023  
Capital Improvements Element update by providing for the replacement  
of the Capital Improvement Project sheets at first reading and schedule  
a second and final reading for June 19, 2023. The City Manager has the  
authority to make corrections of scrivener's errors and the like.  
Jim Pescha and Richard Bellach addressed the City Commission.  
The motion carried by the following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
7. OLD BUSINESS:  
8. NEW BUSINESS:  
A.  
Consideration the request from Devin Williamson owner/investor of  
MADD Assets, LLC for a partial release of lien - Danny Ron, Code  
Compliance Division (386) 878-8702 and Suzette Cameron, Assistant to  
the City Manager (386) 878-8615.  
Strategic Goal: Effective Governance and Productive Government  
Code Compliance Division Manager Danny Ron gave a brief explanation of the item.  
The Commission, City Attorney, staff and Mr. Williamson (the property owner) discussed  
the cross-attached liens, taxes, City costs, fines, and no title search.  
Motion by Commissioner JodyLee, seconded by Commissioner  
Colwell, to deny partial release of lien related to 257 Fort Smith  
Boulevard, Deltona, FL 32738.  
Brandy White, David Sosa and Richard Bellach addressed the City Commission.  
The Commission, City Attorney, staff and Mr. Williamson discussed equitable distribution,  
due diligence, partial reduction, violations, and setting a precedent.  
The motion carried by the following vote:  
For: 4 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Colwell, and Commissioner JodyLee  
Against: 2 - Commissioner Burbank, and Commissioner McCool  
B.  
Consideration for a reduction in the fine of $75,100.00 assessed  
pursuant to Special Magistrate Cases DEL-22-060, DEL-22-061 &  
DEL-22-062. Mr. Erich Spivey (Real Estate Agent) is present as  
representation regarding 1299 Fountainhead Drive, Deltona, FL 32725 -  
Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette  
Cameron, Assistant to the City Manager (386) 878-8615.  
Strategic Goal:  
Code Compliance Division Manager Danny Ron gave a brief explanation of the item.  
Motion by Commissioner McCool, seconded by Commissioner Burbank,  
to approve the reduction of fine on all three (3) cases upon the  
recommendation of the Code Compliance Manager and the Special  
Magistrate in reference to case numbers DEL22-060, DEL22-061 and  
DEL22-061, Code Compliance approves the recommendation for the  
reduction of the fine provided by the Special Magistrate to the sum of  
$6,000 for all three cases. The owner/requestor is Vermont LLC/Real  
Estate Agent Erich Spivey for the property located at 1299  
Fountainhead Drive, Deltona, Florida 32725. The fine is to be paid within  
30 days from today, May 22, 2023, or the fine will revert back to the  
original amount. The motion carried by the following vote:  
For: 4 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, and Commissioner McCool  
Against: 2 - Commissioner Colwell, and Commissioner JodyLee  
C.  
Contract - Request for approval to expend no more than $40,000.00 in  
State of Florida Finance Corporation (SHIP) funds for a Disaster  
Assistance project located at 1785 Tanner Court. - Suzette Cameron,  
Assistant to the City Manager (386) 878-8615.  
Strategic Goal: Housing and Community Development.  
Assistant to the City Manager Suzette Cameron gave a brief explanation of the item.  
The Commission and staff discussed the property value, liens, occupancy, hurricane  
disaster funds, the lien length, and reviewing documentation.  
Brandy White addressed the City Commission.  
Motion by Commissioner JodyLee, seconded by Commissioner  
Burbank, to deny the expenditure of no more than $40,000.00 of the  
State of Florida Finance Corporation (SHIP) funds for the project located  
at 1785 Tanner Court. The motion carried by the following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
9. 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.  
10. 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 Avila-Vazquez, seconded by Commissioner  
McCool, to I move to approve Consent Agenda Items 10-A through 10-E.  
The motion carried by the following vote:  
For: 6 -  
Vice Mayor Bradford, Commissioner Avila-Vazquez,  
Commissioner Burbank, Commissioner Colwell,  
Commissioner JodyLee, and Commissioner McCool  
A.  
Request approval of Bid Number 23009 for the installation of 5/8” x ¾”  
Automated Meter Reading (AMR) water meters to Vanguard Utility  
Service, Inc. in the amount of $547,515 - Glenn Whitcomb, Public  
Works/Deltona Water (386) 878-8929.  
Strategic Goal: Infrastructure  
Approved by Consent Agenda - to approve Bid Number 23009 for the  
installation of 5/8” x ¾” AMR water meters to Vanguard Utility Service,  
Inc. in the amount of $547,515. The City Manager has the authority to  
make correction of scrivener’s errors and the like.  
B.  
Request approval for the direct purchase of a permanent By-Pass Pump  
from Xylem Dewatering Solutions, utilizing the Florida Sheriffs  
Association Contract #FSA20-EQU18.0 in the amount of $111,348.40 -  
Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929.  
Strategic Goal: Infrastructure  
Approved by Consent Agenda - to approve the direct purchase of a  
diesel driven CD180M pump and accessories from Xylem Dewatering  
Solutions utilizing the Florida Sheriffs Association Contract  
#FSA20-EQU18.0 in the amount of $111,348.40. The City Manager has  
the authority to make correction of scrivener’s errors and the like.  
C.  
Request approval to award Bid# 23010, Nuisance abatements (lot  
mowing and property maintenance) for Code Compliance Division.  
Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations,  
LLC and One Tru Solutions, LLC. - Danny Ron, Code Compliance  
Manager (386) 878-8702 and Suzette Cameron, Assistant to the City  
Manager (386) 878-878-8615.  
Strategic Goal: Compliance of Residential and Commercial properties.  
Approved by Consent Agenda - to approve the award of Bid# 23010 to  
Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations,  
LLC and One Tru Solutions, LLC, to provide service of nuisance  
abatements (lot mowing and property maintenance) for Code  
Compliance Division in the amount of $30,000.00 and as approved by  
the City Commission up to the approved budget amounts for each fiscal  
year. Award shall be for an initial period of three (3) years with the  
option to renew for two (2) additional one (1) year terms upon mutual  
agreement of both parties.  
D.  
Approval of Construction Contractors for Housing and Community  
Development grant programs - Suzette Cameron, Assistant to the City  
Manager, (386) 878-8615.  
Strategic Goal: Effective Governance and Productive Government  
Approved by Consent Agenda - to award RFP#23014 to A Quick Board  
Up Service, Inc. Parthy, LLC, UDH Contractors, LLC and Votum  
Construction.  
E.  
Request for approval of Resolution No. 2023-10, declaring certain  
tangible personal property owned by the City as surplus and  
authorizing the City Manager or designee to dispose of them - Mari  
Leisen, Finance Department 386-878-8553.  
Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize  
alternative funding sources, and promote an effective system of checks  
and balances.  
Approved by Consent Agenda - to adopt Resolution No. 2023-10  
declaring certain property of the City as surplus and authorize the sale  
or disposal of such property. The City Manager has the authority to  
make correction of scrivener’s errors and the like.  
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:  
Commissioner McCool requested the Commission give up their parking area and change it  
to handicapped parking.  
Commissioner Burbank requested to move Commission Workshops back to the 2nd Floor  
Conference Room.  
Vice Mayor Bradford suggested looking at having the Commission go on the  
floor in the Chambers for Workshops and the Commission concurred.  
Commissioner JodyLee requested to discuss the Comprehensive Plan.  
Vice Mayor Bradford requested an update on the moratorium.  
12. CITY ATTORNEY COMMENTS:  
13. CITY MANAGER COMMENTS:  
14. CITY COMMISSION COMMENTS:  
Commissioner JodyLee spoke about an animal shelter, new staff, moving forward, the shed  
ordinance, and permits.  
Commissioner McCool spoke about the City Attorney, growth and development,  
educational concurrency, quality of life, law enforcement and demanding better.  
Commissioner Avila-Vazquez spoke about the affordable housing workshop, the public  
information staff, hurricane fliers, Deltona Magazine and Pat Northey.  
Commissioner Burbank spoke about speed signs, the Planning & Development Services  
Director, and Tanner Court.  
Vice Mayor Bradford spoke about the FLOW Mobile and new staff.  
15. ADJOURNMENT:  
There being no further business, the meeting adjourned at 8:36 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK