City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
City Commission  
Monday, October 7, 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: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 #3 Commissioner.  
Honoring Edwin Lasanta, Sgt. Major (Retired) U.S. Army  
4. PRESENTATIONS/AWARDS/REPORTS:  
A.  
Presentation by Ben Eby, Vice President & Administrator &  
Cesar, De Las Casas, M.D.MPH - Cancer Center for Hope-Deltona  
Halifax Health/UFHealth Medical Center of Deltona Updates &  
Oncology/Hematology Services  
ADD-ON ITEM: Request for approval of a Declaration of Local State of Emergency.  
Vice Mayor JodyLee spoke about transparency and accountability.  
Commissioner Heriot requested a report at the next Commission meeting of the items  
spent between now and then on the disaster, a simply report.  
Commissioner Heriot requested the Commission to provide consensus for the City  
Manager to find a disaster recovery consultant as soon as possible, ideally within the next  
couple of days.  
The Commission discussed FEMA policy, recovery efforts, staffs' knowledge and  
experience, and the benefits of a consultant.  
Motion by Commissioner Heriot, seconded by Commissioner  
Avila-Vazquez, to approve the Declaration of Local State of Emergency.  
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. 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 Michael Wright, Terri Ellis, Richard Bellach,  
Courtney Cross-Burgos, Brandy White, Marcyana Mead, Kathy Bryan, and David Sosa  
addressed the City Commission.  
6. ORDINANCES AND PUBLIC HEARINGS:  
A.  
Public Hearing - Ordinance No. 07-2024, amending Section 22-186 to  
22-191, of Article VI, “Street Vendors” of Chapter 22 “Businesses” of  
the Land Development Code, at first reading.  
The Planning & Development Director gave a brief presentation on the item.  
Motion by Vice Mayor JodyLee, seconded by Commissioner Colwell, to  
approve Ordinance No. 07-2024, amending the Article VI, Street  
Vendors" of the Land Development Code.  
Mayor Avila opened the public hearing and Brandy white addressed the City Commission.  
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.  
Public Hearing - Ordinance No. 09-2024, amending the Official Zoning  
Map to rezone + 10.10 acres of land located at 3141 Howland Boulevard  
from General Commercial (C-2) and Business Planned Unit  
Development (BPUD) to BPUD, at second and final reading.  
The City Attorney swore in those people with and without standing who wished to speak on  
the item.  
Each Commissioner disclosed their ex-parte communications.  
Motion by Vice Mayor JodyLee, seconded by Commissioner Heriot, to  
approve Ordinance No. 09-2024 at the adoption hearing, amending the  
Official Zoning Map to rezone 3141 Howland Boulevard from C-2 and  
BPUD to BPUD.  
Mayor Avila opened the public hearing for those people with standing and there were none.  
Mayor Avila opened the public hearing for those without standing and there were none.  
The City Attorney read the title of Ordinance No. 09-2024 for the record.  
AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL  
ZONING MAP TO REZONE +/-10.10 ACRES OF LAND LOCATED AT 3141 HOWLAND  
BOULEVARD FROM GENERAL COMMERCIAL (C-2) AND BUSINESS PLANNED UNIT  
DEVELOPMENT (BPUD) TO BPUD; PROVIDING FOR CONFLICTS, SEVERABILITY,  
AND PROVIDING FOR AN EFFECTIVE DATE.  
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.  
Public Hearing - Resolution No. 2024-54, Declaring Zoning in Progress  
regarding amendments to the Land Development Code Section 110-319  
PUD, Planned Unit Development to establish criteria to achieve  
exceptional quality community designs.  
The Planning & Development Services Director gave a brief explanation of the item.  
Motion by Commissioner Heriot, seconded by Commissioner Colwell,  
to declare Legislation in Progress and approve Resolution No. 2024-54.  
Mayor Avila opened the public hearing and Kathy Bryan addressed the City Commission.  
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.  
Public Hearing - Ordinance No. 15-2024, amending Chapter 30-31,  
Elections and adding Sec. 30-38, Filing Officer, at first reading.  
Motion by Vice Mayor JodyLee, seconded by Commissioner McCool, to  
approve Ordinance No. 15-2024, amending Chapter 30-31, Elections and  
adding Sec. 30-38, Filing Officer, at first reading.  
Amended motion by Vice Mayor JodyLee, seconded by Commissioner ,  
to add language to read "the City Clerk or designee". The amended  
motion carried by the following vote:  
The City Attorney read the title of Ordinance No. 15-2024 for the record.  
AN ORDINANCE OF THE CITY OF DELTONA, VOLUSIA COUNTY, FLORIDA,  
AMENDING CHAPTER 30-31 - ELECTIONS; AMENDING ARTICLE I IN GENERAL SEC.  
30-1 EARLY VOTING; AMENDING ARTICLE II CANDIDATES SEC. 30-31 QUALIFYING  
PERIOD AND SEC. 30-34 FILING OF OTHER ITEMS; AND ADDING SEC. 30-38 FILING  
OFFICER; PROVIDING FOR CONFLICTS, PROVIDING FOR INCORPORATION OF  
RECITALS, CODIFICATION, SEVERABILITY AND FOR AN EFFECTIVE DATE.  
The amended 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  
7. OLD BUSINESS:  
8. NEW BUSINESS:  
A.  
Request for approval to appoint Fire Chief Snyder as the designated  
government official and Deputy Fire Chief Swisher as the designated  
alternate government official for the City of Deltona to the opioid  
settlement government committee.  
Mayor Avila opened the public comments and David Sosa addressed the City  
Commission.  
Motion by Commissioner Avila-Vazquez, seconded by Commissioner  
McCool, to appoint Fire Chief Snyder as the designated government  
official and Deputy Fire Chief Swisher as the designated alternate  
government official to the opioid settlement government committee  
effective October 1, 2024, for a two-year term.  
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 to expend no more than $60,000.00, per  
household, in Florida Housing Finance Corporation State Housing  
Initiatives Partnership (SHIP) funds for the Owner-Occupied Repair  
projects, listed below.  
Motion by Commissioner Shimkus, seconded by Commissioner  
Colwell, to direct staff to move forward with Owner Occupied  
Rehabilitation projects for the properties listed below in the amounts  
listed below. As per SHIP agreements each property is limited to a  
maximum of $60,000 based on legally available funds. 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.  
Renewal requests for Acentria-United Health Care Employee Benefits  
and Service Contract.  
Motion by Vice Mayor JodyLee, seconded by Commissioner McCool, to  
approve the Acentria-United Health Care Employee Benefits and  
Service Contract. 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  
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.  
Mayor Avila opened public comments on Consent Agenda Items and Jim Pescha, Brandy  
White, Courtney Cross-Burgos, Richard Bellach, and David Sosa addressed the City  
Commission.  
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.  
Mayor Avila pulled Items 10-D and 10-F.  
Commissioner Heriot requested to pull Item 10-I and Mayor Avila requested to pull Item  
10-H for discussion.  
Motion by Commissioner Heriot, seconded by Commissioner  
Avila-Vazquez, to approve Items A-L excluding D, F, I and H. The motion  
carried by the following vote:  
For: 6 -  
Mayor Avila, Vice Mayor JodyLee, Commissioner  
Avila-Vazquez, Commissioner Heriot, Commissioner McCool,  
and Commissioner Shimkus  
Against: 1 - Commissioner Colwell  
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor  
JodyLee, to table D and F. 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  
A.  
Request for approval of minutes of the Regular Commission Meetings  
of September 4th & September 16th, 2024, as presented.  
Approved by Consent - to approve the minutes of the Regular  
Commission Meetings of September 4th & September 16th, 2024, as  
presented.  
B.  
C.  
Request for approval of the Quarterly Reports of City Advisory  
Boards/Committees.  
Approved by Consent - to accept the Quarterly Reports as presented.  
Request for approval of the 2025 holiday, meeting and invocation  
calendars.  
Approved by Consent - to approve the holiday, meeting and invocation  
calendars for 2025, as presented.  
D.  
E.  
Request for approval of purchases for FY24-25 contingent on approval  
of final budget.  
No action taken, item was tabled.  
Request for approval of engagement with Purvis Gray, LLC to provide  
professional external audit services.  
Approved by Consent - to approve the engagement with Purvis Gray  
and Company, LLC, for professional external audit services for fiscal  
year 2023-2024 with the option to further extend the contract for  
subsequent years pending appropriation of funding for each fiscal year.  
F.  
Request for approval for roadway transfer from Volusia County to the  
City of Deltona, specifically for that portion of Fernanda Drive from  
Howland Boulevard East to the Fernanda Subdivision Entrance at  
Landing Lane.  
No action taken, the item was tabled.  
G.  
H.  
Request for Approval of Interlocal Renewal Agreement with Volusia  
County Sheriff’s Office for provisions of Law Enforcement Services.  
Approved by Consent - to approve the Interlocal Renewal Agreement  
with Volusia County Sheriff for the provisions of law enforcement  
services.  
Request for approval of the Team Volusia Economic Development  
Corporation Cooperative Agreement for 2024-2025.  
The Commission discussed bringing in business and being business friendly.  
Motion by Vice Mayor JodyLee, second by Commissioner Heriot, to  
approve the Team Volusia Economic Development Corporation  
Cooperative Agreement for another twelve months. 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  
I.  
Request for Approval of Letter of Engagement with Marsha  
Segal-George, Esquire for general government law as the City Attorney  
until the new City Attorney is retained.  
Commissioner Heriot spoke about he was hoping for more options and hiring someone  
who will set the City up for success with the permanent City Attorney.  
Motion by Commissioner Heriot, to hire Mr. James Stokes for option  
two. The motion died for lack of a second.  
The Commission and City Manager discussed Mr. Stokes, updates on the process, the  
timeline, Pinellas County applicants, and pending legal issues.  
Motion by Commissioner Shimkus, seconded by Commissioner  
McCool, to approve the extension of Marsha Segal-George's contract  
with a deadline of October 31, 2024 given that with us having interviews  
and other people to consider, 12 total candidates to consider on  
October 21st, that by that date this Commission will either have chosen  
one of these candidates to replace Marsha or they will then choose an  
interim at that date so that we have coverage at least until the end of  
the month.  
Commissioner McCool spoke about having a date time certain, residents' concerns, and  
the search firm.  
Amended motion by Commissioner Heriot, to pursue Mr. James Stokes  
to at least handle the contract negotiations for the next full time City  
Attorney. The motion died for lack of a second.  
The Commission and City Manager discussed transitioning the permanent City Attorney,  
current legal issues, start date for permanent City Attorney, individual attorney vs. a firm,  
temporary attorneys, the process, City Attorney attendance at meetings, and an applicant  
list.  
The motion carried by the following vote:  
For: 4 -  
Commissioner Avila-Vazquez, Commissioner Colwell,  
Commissioner McCool, and Commissioner Shimkus  
Against: 3 - Mayor Avila, Vice Mayor JodyLee, and Commissioner Heriot  
J.  
Request for approval of bid award for fiber optic cable expansion from  
Howland Blvd and Austin Ave. to Dwight Hawkins Park, and  
accompanying Resolution No. 2024-59 which represents a budget  
amendment.  
Approved by Consent - to approve the awarding of bid #24029 to Unitec  
to install fiber optic cables from Howland Blvd. and Austin Ave. to  
Dwight Hawkins Park, and the Resolution No. 2024-59 for the budget  
amendment in the amount of $300,000.  
K.  
L.  
Request for recognitions for the month of October.  
Approved by Consent - to approve the requested recognitions for the  
month of October.  
Requests for presentations before the City Commission.  
Approved by Consent - to approve the requested presentations be  
made before the City Commission on the next available agenda and  
shall not exceed 10 minutes.  
11. CITY ATTORNEY COMMENTS:  
12. CITY MANAGER COMMENTS:  
The City Manager introduced the new Economic Development Director John Cox and  
provided a brief description of his experience.  
The City Manager addressed comments made during the meeting and that public  
comments is not the time to defame or slander staff, the Commission or other residents and  
it is unacceptable.  
13. CITY COMMISSION COMMENTS & REPORTS:  
Commissioner Heriot spoke about his upcoming Town Hall and requested updates on the  
Comprehensive Plan and the Theresa Basin Study. He thanked staff for storm  
preparations.  
Commissioner Shimkus thanked staff for storm preparations.  
Commissioner Avila-Vazquez thanked staff for storm preparations. She requested a  
consensus to have the City's partner Deltona Gardens' event advertised on City media and  
the City Manager replied that will be done.  
Commissioner McCool thanked staff for storm preparations.  
Commissioner Colwell requested updates on the Theresa Basin Study, the Enrico Ridge  
Apartments and Thalita Terrace.  
Vice Mayor JodyLee spoke about the Enrico Ridge Apartments and Thalita Terrace, the  
agenda, and the public comment process. He thanked staff for their hard work and storm  
preparations.  
Mayor Avila spoke about shelters, disaster and hurricane preparedness, working with State  
Representatives, pre filled sand bags, and evacuation routes. He requested workshops on  
the U.S. Coast Guard and the Veterans property.  
Commissioner Heriot requested a consensus to provide Conservation  
Florida with a letter of support for their ECHO Grant application for the  
property that is in the southeast corner of the City, in City limits, and  
referred to as D Ranch slated to open in Spring of 2025 and the  
Commission concurred.  
14. ADJOURNMENT:  
There being no further business, the meeting adjourned at 8:43 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK