Deltona Special City Commission Meeting – June 23, 2025

The Deltona City Commission held a Special Meeting on Monday, June 23, 2025, at 6:30 PM in the Deltona Commission Chambers, immediately following a workshop. The meeting addressed a proposed vote of no confidence in the City Manager, the FY2024 audit presentation by Purvis Gray, a reduction in procurement spending authority, direction for a forensic/compliance audit, a temporary residential development moratorium (Ordinance No. 29-2025), and the July 4th event policy. The meeting adjourned at 10:25 PM.

Opening & Agenda

• A motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to delete agenda item 5-A (vote of no confidence) failed by a vote of 3-4. For: Mayor Avila, Vice Mayor Heriot, Commissioner Santiago. Against: Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, Commissioner Lulli.

Action Item: Request for a Vote of No Confidence for the City Manager

• Commissioner Colwell, who requested the item, cited lack of information needed to perform his duties, denials or "no records exist" responses to public records requests (PRRs), concerns about enforcement of the Golden Book, management's absence without commissioner notification, and commissioners not receiving the same information.
• Commissioner Howington stated that a City Manager's role is to implement policy, not create it, obstruct it, or reprimand the Commission; she cited poor communication, repeated oversteps of authority, difficulty obtaining financial details, and the Halifax Crossings matter being placed back on the agenda against the Commission's stated wish to table it.
• Commissioner Avila-Vazquez clarified her concerns were about her personal interactions with the City Manager and lack of information sharing, not his overall job performance. She cited policies and operating guidelines being updated without Commission approval, new directors not being formally introduced, and a travel policy she says was followed without Commission adoption.
• Vice Mayor Heriot expressed strong support for the City Manager, citing positive feedback from outside agencies (e.g., St. Johns River Water Management District) and overwhelming community support.
• Commissioner Santiago praised the City Manager's accomplishments, including building a leadership team, obtaining grants, improving employee morale, and community events.
• Commissioner Lulli proposed a less formal, off-site Commission work session rather than a no-confidence vote, saying it could accomplish the same goals without "hitting the reset button."
• City Attorney Torcivia flagged that all PRRs are treated the same regardless of requester; cities are not obligated to answer requests for information or create records that do not exist, and a better path for commissioners is direct requests to the City Manager.
• The City Manager responded at length, noting 3,782 emails from commissioners over the previous eight months, listing grants and accomplishments, clarifying the travel policy and Golden Book budget, and stating he is the seventh City Manager since 2020 and possibly the sixteenth in 30 years. He said he asked employees not to speak in his favor out of concern they could be negatively affected.
• Motion by Commissioner Lulli, seconded by Vice Mayor Heriot, to conduct an off-site, publicly noticed work session under the Sunshine Law to discuss the issues underlying the no-confidence vote, with logistics finalized with the City Attorney's Office. The motion carried 7-0.

Presentation: FY2024 Audit Discussion with Purvis Gray, CPA

• Tim Westgate (Audit Partner) and Laurie Walker (Audit Supervisor) from Purvis Gray presented the audit for the fiscal year ended September 30, 2024.
• The audit received a clean (unmodified) opinion with no material weaknesses, no significant deficiencies, and no non-compliance items, including under Florida Statute 218.415 for investment of public funds. The federal single audit was also clean for major programs: Coronavirus State and Local Fiscal Recovery Funds and Disaster Grant Public Assistance.
• The general fund's total fund balance landed at 778 million (as stated during the presentation), following more than 10 years of increases. The water and sewer fund also increased and maintains strong working capital.
• The employee retirement fund increased by $7.8 million to an ending balance of $52 million, with a funded position of 86%, up from approximately 75.8% in the prior year, driven largely by investment performance.
• The prior year's delinquent IRS Form 1095-C filings were resolved with the assistance of an outside specialist and the city attorney; the liability was reversed and not recorded in the current year.
• Recommendations below the reporting threshold included refining the period-end closing process to return to a timely reporting cycle and establishing an IT risk assessment program related to the Florida Cybersecurity Act.
• In response to commissioners' questions, Mr. Westgate said there were no audit adjustments, no indication of anyone altering the books, and no trends suggesting financial trouble or bankruptcy. He explained the difference between financial, compliance, and forensic audits and noted that a forensic audit would depend on an identified scope, with each scope potentially costing around $100,000 or more.

Discussion Items

• 7-A: Procurement Policies and Procedures amendment. A motion by Commissioner Colwell, seconded by Commissioner Lulli, to reduce departmental spending authority to anything over $25,000 requiring Commission approval was discussed. Commissioner Santiago argued the $50,000 threshold was already low for the largest city in Volusia County and that $25,000 would hinder processes. Commissioner Howington supported $25,000, noting it had been in play for 30 years and that trust issues warranted a lower threshold. Public comment included concerns about roughly 22 exceptions in the policy, including an emergency provision involving the mayor's signature, and arguments for checks and balances. The City Manager noted neighboring cities' thresholds are $75,000, $100,000, and $125,000, and that the Golden Book was budgeted at $60,000 but came in at $28,000, which would still require Commission approval under the new threshold. The motion carried 4-3. For: Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, Commissioner Lulli. Against: Mayor Avila, Vice Mayor Heriot, Commissioner Santiago.
• 7-B: Request for approval of a forensic audit and a compliance audit. Commissioner Howington moved, seconded by Commissioner Lulli, that auditors report directly to the City Commission with unfettered access to city records. Discussion addressed costs (estimated at $80,000-$100,000 per scope, possibly up to $1 million), the need for a defined scope and RFP process, the alternative of an in-house internal auditor, and the possibility of involving Florida DOGE. Purvis Gray reiterated that nothing material was identified and recommended considering an internal auditor position. City Attorney Good suggested a workshop to generate the scope. An amended motion by Commissioner Lulli, seconded by Commissioner Howington, directed a workshop to generate the scope for an RFP, with the workshop posted at the end of August and the award to come before the Commission no later than five months from the date the scope is finalized. The amended motion carried 6-1 (Commissioner Santiago opposed). A subsequent motion to extend the meeting by 20 minutes carried 7-0.
• 7-C: Public Hearing – Ordinance No. 29-2025 (Temporary Moratorium on Residential Development). The Planning & Development Services Director and City Attorney presented the ordinance, which would impose a moratorium of up to nine months on residential development orders, permits, applications, rezonings, and plan amendments. The presentation covered the Bert Harris Act, relevant takings case law, exemptions (commercial/industrial/office/school projects, city-owned or CRA-owned land, projects with approved site plans or plats prior to June 30, and Exhibit A projects), and Senate Bill 180's legislative risk, which could retroactively invalidate the moratorium and expose the city to attorney's fees. The Planning & Zoning Board had voted 4-3 to recommend approval with three refinements: exempt infill residential development, exempt mixed-use developments (under six residential units per acre and less than 30% residential), and an automatic sunset if SB 180 becomes law. Vice Mayor Heriot opposed the moratorium as rushed and risky, citing progress on stormwater code updates and impact fees. Public comment was split, with several residents urging approval to address flooding and infrastructure, and others raising property rights and legal concerns. The City Attorney gave rough litigation-cost estimates of $200,000-$600,000 to sue the state. Commissioner Howington moved, seconded by Commissioner Colwell, to approve the P&Z-recommended version minus the SB 180 sunset, keeping infill and mixed-use exemptions; she later accepted an amendment by Commissioner Lulli, seconded by herself, to remove the mixed-use exemption. The amended motion carried 4-3. For: Commissioner Avila-Vazquez, Commissioner Colwell, Commissioner Howington, Commissioner Lulli. Against: Mayor Avila, Vice Mayor Heriot, Commissioner Santiago. A motion to extend the meeting by 30 minutes carried 6-1 (Vice Mayor Heriot opposed).
• 7-D: July 4th event inclusivity. The City Manager requested removal of the item from the agenda, stating he had heard the feedback in Deltona and would change the policy to allow political vendors at the festival. The item was withdrawn with the statement placed on the record.

Public Comments & Testimony

• On the no-confidence vote: Glenn Whitcomb (city resident and employee) and CJ (steward for Local 2913, Deltona Professional Firefighters, representing 84 operations personnel) expressed strong support for the City Manager, citing improved morale and accomplishments. David Stewart thanked the City Manager for communication and leadership. Victoria Soustar and Matthew Shaw also spoke in support; Mr. Shaw characterized the criticism as a "power struggle" rather than a performance issue. Pat Northy (former County Council member and current P&Z Board member) was critical of the meeting's handling, and Rob Trombetta urged the City Manager to take responsibility for repairing relationships with commissioners. Kathy Bryan, Courtney Crossberg, David Santiago, Albert Bryan, and Lindsay Briones called for improved communication and a healing process.
• On procurement policy: David Sosa objected to missing agenda links and cited roughly 22 exceptions in the procurement policy, questioning an emergency provision allowing the mayor to sign off. Rob Trombetta asked the Commission to keep the $50,000 threshold. Kathy Bryan suggested a compromise at $37,500. Albert Bryan argued the original $25,000 limit existed for checks and balances. Tara Diarrigo said bringing already-budgeted items back for approval seemed duplicative.
• On the forensic/compliance audit: David Sosa stressed the need to define scope and "fraud," citing a prior $200,000 water department audit that he said became a study. Albert Bryan supported the audit, citing inconsistencies between paper budget books and digital budget books for the Rhode Island fund. Jody Lee supported an audit and referenced a prior $100,000 impact-fee transfer into the general fund that he said was illegal. Carolyn Eckerson opposed spending $250,000 to $1 million on a "gotcha" audit. Elizabeth Chavez noted she had asked for an audit years ago.
• On the moratorium: Larry French said the root cause is development practices and urged ecological design standards. Tim Lodge supported the moratorium as a safety measure for flooding and infrastructure. Robin French described permanent flooding damage to her property after Hurricane Ian and said "now is the time to change." Diane Anthony said the moratorium is "better than nothing" and criticized rezonings to smaller lots. Kathy Bryan urged a pause for smarter development and said schools are overcrowded. David Zouza supported the moratorium if commercial and infill lots are exempt, and suggested a class-action lawsuit against the state if SB 180 passes.

Key Outcomes

• The vote of no confidence in the City Manager was not held; instead, the Commission voted 7-0 to schedule an off-site, publicly noticed work session to discuss the underlying issues, with logistics to be finalized with the City Attorney's Office.
• The FY2024 audit was presented as a clean report with no material weaknesses or findings; the IRS 1095-C issue was resolved at no cost to the city.
• The Commission approved lowering the procurement spending authority threshold from $50,000 to $25,000, effective immediately and to be formalized via resolution, by a vote of 4-3.
• The Commission directed a workshop at the end of August to generate the scope for an RFP for a forensic audit and compliance audit reporting to the Commission, with the award to return no later than five months after the scope is finalized, by a vote of 6-1.
• Ordinance No. 29-2025 was approved at first reading, amended to remove the SB 180 sunset and the mixed-use exemption while keeping infill residential exemptions, by a vote of 4-3.
• The July 4th event item was withdrawn; the City Manager committed to changing the policy to allow political vendors at the festival.