City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
City Commission  
Monday, March 25, 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:  
2. ROLL CALL – CITY CLERK:  
Present:7 - Mayor Avila  
Vice Mayor JodyLee  
Commissioner Avila-Vazquez  
Commissioner Colwell  
Commissioner Heriot  
Commissioner McCool  
Commissioner Shimkus  
3. INVOCATION AND PLEDGE TO THE FLAG:  
A.  
Invocation Presented by District #5 Commissioner.  
4. APPROVAL OF MINUTES & AGENDA:  
A.  
Approval of minutes of the Regular Commission Meeting of March 4,  
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  
March 4, 2024, as presented. The motion carried by the following vote:  
For: 7 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner  
Heriot, Commissioner McCool, and Commissioner Shimkus  
5. PRESENTATIONS/AWARDS/REPORTS:  
A.  
B.  
Presentation - Hispanic Chamber of Commerce  
Presentation - Love Your Heart 5K Check Presentation to the American  
Heart Association  
C.  
Presentation - Duke Energy has a program titled Neighborhood Energy  
Saver Program that will help neighbors save energy and money. The  
program for income eligible neighborhoods can provide up to 20 free  
energy improvements.  
Strategic Goal: Infrastructure  
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.  
Lillian Mendez & Kristina Deberadinis, Mathew Shaw, Christian O'Brien, Kathy Bryan,  
and Lindsey Briones addressed the City Commission.  
7. ORDINANCES AND PUBLIC HEARINGS:  
A.  
Public Hearing - Ordinance No. 02-2024, amending the Deltona Village  
Business Planned Unit Development (BPUD) to rezone an additional +  
25.96 acres of land to be included within the BPUD - Planning and  
Development Services (386) 878-8600.  
Strategic Goal: Community Development  
The City Attorney swore in everyone that wished to speak on this item.  
Each Commissioner disclosed their ex-parte communications.  
The Planning & Development Services Planner II gave a brief PowerPoint Presentation  
to include BPUD Amendment Application Request, Background, History of this request,  
Parcels to be added, Previous Deltona Village BPUD Amendments, Deltona Village  
BPUD, Matters of Consideration, Matters of Consideration Highlights, and Staff  
Recommendation.  
Attorney Gisselle Calderon-Cruz with Booker & Associates, P.A., representing the  
applicant, gave a brief PowerPoint Presentation to include Proposed land: 25.96 Acres  
and Current BPUD site: 140.61 Acres, Exhibit B from Development Agreement Deltona  
Village BPUD dated 2/15/2010, Ordinance No. 26-2016 recognizes the 25.96 acres is  
included in the existing traffic study, Ordinance No. 04-2023 (6) Deltona Village  
Transportation Impact Analysis (TIA) Obligations. (C) & (D), Deltona Village Road  
Impact Analysis Chart, and quick points of importance.  
The Commission and Attorney Calderon-Cruz discussed the reason for removing the  
acreage, what could be developed, and traffic.  
The City Attorney swore in Phyllis Wallace, Acting Public Works Director.  
The Commission, Attorney Calderon-Cruz, Attorney Kim Booker and staff discussed  
why the acreage was removed, traffic impact analysis, Howland Blvd's rating, Volusia  
County's position and suggestion, impact fees, roadway improvements, the entrance(s)  
to the 25.96 acres, the Master Development Plan, requirements in 2010 vs. 2024, and  
growth in the area.  
The Mayor opened the public hearing to those residents with standing and there were  
none.  
The Mayor opened the public hearing and Eric Alexander and Timothy Blodgett  
addressed the City Commission.  
Motion by Vice Mayor JodyLee, seconded by Commissioner  
Avila-Vazquez, to approve Ordinance No 02-2024, amending the Deltona  
Village BPUD to rezone and include an additional + 25.96 acres of land to  
the Deltona Village BPUD. The motion carried by the following vote:  
For: 5 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, and Commissioner  
Heriot  
Against: 2 - Commissioner McCool, and Commissioner Shimkus  
B.  
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 swore in everyone that wished to speak on this item.  
Each Commissioner disclosed their ex-parte communications.  
The Planning & Development Services Planner II gave a brief PowerPoint Presentation  
to include Rezoning Application Request, Background, Existing Site with Zoning,  
Professional Business Zoning, Proposed Zoning - Retail Commercial, Maps, New Site  
Layout, Matters of Consideration, Matters of Consideration Highlights and Staff  
Recommendation.  
Attorney Bill Barfield, 225 South Westmonte Drive, Suite 2040, Altamonte Springs, FL,  
representative for the applicant, discussed the history of the item, main concerns,  
agreeing to certain limitations regarding uses, approval by Planning & Zoning Board,  
substantial competent evidence, zoning map, the uses has to be approved, the need to  
adequately market the property, traffic and improvements, oil change businesses and  
Engineer Dave Holden.  
The Commission discussed types of development, changes previously presented,  
reasons for voting no, and traffic concerns.  
The Mayor opened the public hearing to those residents with standing and there were  
none.  
The Mayor opened the public hearing and Eric Alexander addressed the City  
Commission.  
Motion by Vice Mayor JodyLee, seconded by Commissioner McCool, 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 first rehearing. The  
motion carried by the following vote:  
For: 7 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner  
Heriot, Commissioner McCool, and Commissioner Shimkus  
8. OLD BUSINESS:  
9. NEW BUSINESS:  
A.  
Request for approval to award Bid # 24007- Citywide Heating, Ventilating  
and Air-Conditioning Repair and Preventative Maintenance Services, to  
Air Current, Inc. Service under this bid contract is to be used as needed  
and within appropriated funding for each department for each fiscal year  
throughout the award term. - Mark Manning, Parks & Recreation (386)  
878-8905.  
Strategic Goal: Infrastructure  
The Parks & Recreation Director gave a brief explanation of the item.  
The Commission and staff discussed the maintenance agreement and the local vendor.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
McCool, to approve and award Bid #24007, Citywide HVAC repairs and  
maintenance services to Air Current, Inc.  
The Mayor opened the public comments and there were none.  
The motion carried by the following vote:  
For: 7 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner  
Heriot, Commissioner McCool, and Commissioner Shimkus  
B.  
Request for approval of Resolution No. 2024-17 and a budget  
amendment for purchase of IP phone migration to Webex cloud - Robert  
Cordero, IT Department (386) 878-8807.  
Strategic Goal: Effective Governance & Productive Government  
The IT Director gave a brief explanation of the item.  
The Commission and staff discussed the additional cost, budget amendments,  
upcoming budget, three-year agreement, presentation of the budget, and the budget  
process.  
The Mayor opened the public comments and Elbert Bryan addressed the City  
Commission.  
Motion by Vice Mayor JodyLee, seconded by Commissioner Heriot, to  
approve Resolution No. 2024-17 and the budget amendment of $70,000  
to Deltona Water Capital Funds and the approval of the contract with  
Presidio for procurement of Cisco licenses and migration services for a  
cloud phone system in the amount $254,532.34 with the current fiscal  
year not to exceed a cost of $170,000 and additional cost being budgeted  
appropriately in future fiscal years. The motion carried by the following  
vote:  
For: 7 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner  
Heriot, Commissioner McCool, and Commissioner Shimkus  
C.  
Request approval of the Task Authorization between the City of Deltona  
& Pegasus Engineering for preparation of the FEMA - Hazard Mitigation  
Grant Program submittal for Hurricane Idalia related to the East Brooke  
Drainage Improvements Project in the amount of $30,500.00 - Phyllis  
Wallace, Interim Public Works Director 386/878-8965  
Strategic Goal: Infrastructure  
The Acting Public Works Director gave a brief explanation of the item.  
The Commission and staff discussed the financial responsibility and matching funds,  
pursuing and receiving grants, project rankings and funding.  
The Mayor opened the public comments and there were none.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
Heriot, to approve the Task Authorization with Pegasus Engineering for  
preparation of the FEMA - Hazard Mitigation Grant Program submittal for  
Hurricane Idalia related to the East Brooke Drainage Improvements  
Project in the amount of $30,500.00. The motion carried by the following  
vote:  
For: 7 - Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Colwell, Commissioner  
Heriot, Commissioner McCool, and Commissioner Shimkus  
D.  
Request approval of the Task Authorization between the City of Deltona  
& Pegasus Engineering for preparation of the FEMA - Hazard Mitigation  
Grant Program submittal for Hurricane Idalia related to Property  
Acquisition & Demolition of 3101 Riverhead Drive in the amount of  
$19,895.00- Phyllis Wallace, Interim Public Works Director 386/878-8965  
Strategic Goal: Infrastructure  
The Acting Public Works Director gave a brief explanation of the item.  
The Commission and staff discussed additional properties, mitigation cycle, purchased  
property, lake properties, flood zones and relief, and the Theresa Basin Study.  
The Mayor opened the public comments and there were none.  
Motion by Commissioner McCool, seconded by Vice Mayor JodyLee, to  
approve the Task Authorization with Pegasus Engineering for  
preparation of the FEMA - Hazard Mitigation Grant Program submittal for  
Hurricane Idalia related to Property Acquisition & Demolition of  
3101 Riverhead Drive in the amount of $19,895.00. The motion carried by  
the following vote:  
For: 7 - Mayor Avila, 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 requested a consensus to go out for an RFQ (Request For  
Quote) for a grant search firm and the Commission concurred.  
Commissioner McCool requested a consensus and clarification to look at the previously  
City Attorney applicants. The Commission discussed an in-house City Attorney and  
previous discussions. The City Clerk explained there will be a Workshop on the LDC  
(Land Development Code) on April 8th and after that will be a Special Commission  
Meeting for the Commission to select the City Manager finalists, discuss the City  
Manager interview process and discuss the City Attorney.  
Commissioner Colwell requested an update on the Enrico Ridge Apartments and the  
Interim City Manager replied the City is trying to do something to get the project moving  
again. A letter was sent with a timeline to respond which has passed and now the City is  
going to start the Code Compliance portion of the process. A new investor is possibly  
looking at helping to fund the projects. The Acting Public Works Director stated they  
wanted to do the project in phases, it was not a phased project to begin with, and she  
requested a map of the buildings to separate out the phases but, there has not been  
any response from Mr. Santiago or the applicant.  
Vice Mayor JodyLee requested a consensus to move forward tomorrow with the  
Code Compliance process on the Enrico Ridge Apartments and the Commission  
concurred.  
Vice Mayor JodyLee requested a consensus that from now until the new City  
Manager is on board to halt/freeze any pay raises with the exception of the 3% and  
2% that the Commission voted on in the budget or have Human Resources look  
into the recent pay raises to make sure they are justified, and the Commission  
concurred.  
The Mayor requested a consensus for the Caribbean American Chamber of  
Commerce to use Wes Crile Park's walking area for a Jamaican 5K Walk and to  
bring back information to the Commission for final approval and the Commission  
concurred.  
13. CITY ATTORNEY COMMENTS:  
14. CITY MANAGER COMMENTS:  
15. CITY COMMISSION COMMENTS:  
Commissioner Avila-Vazquez gave a shout out to Parks & Recreation's Eggstravaganza  
Event and she commented on the Vice Mayor and the rock wall. She spoke about the  
Housing Fair for first home buyers on Saturday, April 6th at The Center of Deltona.  
Commissioner McCool spoke about having events at the Amphitheater, Lyonia  
Preserve, stormwater access, and bowing to peer pressure and she apologized to  
residents for those comments.  
Vice Mayor JodyLee spoke about the City Manager reports, getting along, the budget  
process and saving money.  
Mayor Avila spoke about former Commissioner King and Warrior Day on April 14th.  
16. ADJOURNMENT:  
There being no further business, the meeting adjourned at 9:40 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK