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Record of Proceedings

Special City Commission Meeting - February 9, 2026

City Commission & Boards — Monday, February 9, 2026
BodyDeltona, Florida
SessionCity Commission & Boards
DateMonday, February 9, 2026
StatusFILED
Video Record
0:00 / 24:11

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

9:24

Good evening.

9:25

We're gonna go ahead and get started with the special city commission meeting for Monday, February ninth, twenty twenty six.

9:32

If I can please have the city clerk call the role.

Unassigned speaker

10:00

I'll ask Commissioner Calwell if you can lead us in the pledge.

Speaker 2

10:07

And to your for which it stands on your individual with whatever

Unassigned speaker

10:25

standard

Speaker 1

10:27

all right.

10:28

Before we get started with the consent agenda item, is there any of the consent agenda items we want to pull before we go to public comment?

10:35

Commissioner Calwell.

Speaker 3

10:36

Mayor, I have a point of order, I believe.

10:39

Um I'm concerned about how the last meeting on the second was resolved and moved.

10:45

Um is it normal for us to show up at the meeting, or were we supposed to get called prior to the meeting?

10:52

City attorney, you want to respond?

10:53

Once the uh gavel hit, was that murder meeting adjourned or was it continued?

Speaker 4

10:59

Yeah, so on it was

Speaker 3

11:01

called for adjournment.

Speaker 4

11:02

So on February 2nd, the regular city commission meeting was called the order, and a quorum was not present in the room.

11:09

The vice mayor, as the presiding officer then acknowledged the lack of quorum and recessed the items on the agenda to two dates certain.

11:17

The first is the special commission meeting tonight on February 9th, and the second is the regular city commission meeting on February 17th.

11:26

The recess of the February 2nd meeting is in line with the commission's adoption of Robert's rules of order as a guideline for parliamentary procedure.

11:35

So Robert's rules of order and the sunshine law mandate that no official action may be taken in the absence of a quorum.

11:43

Robert's rules provides that once a quorum is no longer present, the commission must adjourn, recess, or take some other measure to assemble a quorum.

11:55

In this case, the vice mayor called for the meeting to be recessed.

12:00

Attorney General opinion 90-56 advises that if a meeting is to be adjourned and reconvened to complete the business from the agenda of the adjourned meeting.

Speaker 1

12:23

Is there any of the consent agenda items that anyone reaches to pull before we do a motion?

12:29

A second and then public comment.

Speaker 5

12:35

I'd like to make a motion to adopt the consent agenda items as presented

Speaker 1

12:41

there is a motion by Commissioner Harriet.

12:44

Commissioner Santiago, you're up next.

Speaker 6

12:46

Second.

Speaker 1

12:46

Second by Commissioner Santiago.

12:49

This time we're gonna go ahead and go to public comment on the consent agenda items.

Speaker 7

12:58

Martin Padada.

Speaker 1

13:09

Mr.

13:09

Parada, if you can please turn on the microphone.

Speaker 8

13:15

Go ahead.

Speaker 2

13:30

David Sosa, Daltona.

Speaker 9

13:34

Timothy Howington, Del Tona.

13:38

Jason Voles, Del Tona.

13:42

Sean O'Donnell, Del Tona.

Speaker 8

13:46

Taylor

Speaker 9

13:47

Nealer, Del Tona.

Speaker 10

13:50

Pamela Braun, Del Tona.

Unassigned speaker

13:55

Okay.

Speaker 10

13:56

Wendy Page, Del Tona.

14:00

Gail Bora Daltona.

Speaker 5

14:03

Chris Collier, Del Tono.

Speaker 8

14:08

Albert Bryan Daltona.

Speaker 9

14:11

Brandy White Del Tono.

Speaker 8

14:14

I I handed a packet to the clerk.

14:16

If the clerk can please uh give those to the commissioners, and I request that those be entered into the record

Unassigned speaker

14:24

for

Speaker 8

14:24

the purpose.

Speaker 1

14:25

Excuse me, point of order, sir.

14:26

Is this having to do with anything other consent?

Speaker 8

14:28

Yes, um, if you let me talk, I'll explain.

14:31

I didn't get there yet.

Unassigned speaker

14:33

Uh I I respectfully disagree with uh your attorney's analysis that that last meeting did not violate the the sunshine law, and I provided a letter and the case law and the arguments that saying that they were not in compliance, so we're objecting and putting on the record that uh that act that happened at the last meeting was not only constitutional, unconstitutional according to Florida Constitution, and that's uh in Article 1, Section 24 about having open meetings.

Unassigned speaker

15:00

I I respectfully disagree with uh your attorney's analysis that that last meeting did not violate the sunshine law, and I provided a letter and the case law and the arguments that saying that they were not in compliance, so we're objecting and putting on the record that uh that act that happened at the last meeting was not only constitutional, unconstitutional according to Florida Constitution, and that's uh in Article 1, Section 24 about having open meetings, it's in violation of the Sunshine Law Act and all the cases that I cited in there, and also in violation of the attorney general uh opinion that is uh 2000 document 2010 Florida AG Lexus 132 advisory opinion informal, and uh that basically says that if there's any kind of meeting that two or more together, uh they have to comply with the sunshine law, and I put through all the exhibits that uh were and there was a notice that due to lack of quorum that tonight's uh meeting would be canceled and would take place at another time.

Speaker 8

16:02

After that went out, you guys continued to have the meeting anyway.

Discussion Breakdown — Share of Meeting
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Procedural██████████████████████████████████████42%
Public Engagement███████8%
Summary of Proceedings

Special City Commission Meeting - February 9, 2026

The Deltona City Commission held a Special Meeting on the evening of February 9, 2026, to act on a consent agenda recessed from the regular meeting of February 2, 2026. The February 2 meeting lacked a quorum and was recessed by the Vice Mayor to the February 9 special meeting and a subsequent regular meeting on February 17. The proceedings were dominated by a procedural challenge from commissioners and citizens regarding the legality of the recess and the vote. The consent agenda was ultimately approved by a 4-3 vote.

Consent Calendar

The consent agenda included the following items approved in a single motion:

  • Approval of minutes from the Executive Session and Regular Commission Meeting of January 20, 2026, as presented.
  • Approval of Resolution No. 2026-09, authorizing a Fiscal Year 2025 write-off (accounting adjustment) of $330,201.36 in uncollectible utility billing and miscellaneous accounts receivable. This included $242,337.86 in utility accounts (3,032 accounts, representing less than 0.775% of annual billings) and $87,863.50 in miscellaneous fees (business tax receipts and fire inspection fees).
  • Approval of a proclamation for World Encephalitis Day (WED).
  • Approval to receive presentations on the expansion of Halifax Health/UFHealth Medical Center of Deltona and a Veterans Service Officer (VSO) End of Year Review by Captain McKnight.

Public Comments & Testimony

Multiple residents addressed the Commission to object to the foundation of the meeting:

  • David Sosa (Deltona): Argued that the recess of the February 2 meeting violated the Florida Sunshine Law and the Florida Constitution (Article 1, Section 24). He submitted a packet of case law to the City Clerk, asserting that because the February 2 meeting was canceled on the city website, continuing the business to February 9 was improper.
  • Kathy Bryant (Deltona): Criticized the cancellation of the original public forum and urged the Commission not to vote on the consent agenda, expressing that the process was flawed.
  • Brenda Knott (Deltona): Stated she relied on the public cancellation notice posted on the city website and was unaware the meeting had proceeded until a commissioner posted the video.

Discussion Items

  • Point of Order / Legal Challenge: Commissioner Colwell raised a point of order regarding the handling of the February 2 meeting.
    • City Attorney Good explained that Vice Mayor Avila-Vazquez, as presiding officer, properly recessed the meeting upon losing a quorum. He cited Robert's Rules of Order and Attorney General Opinion 956 as authority for recessing to specific dates and confirmed proper notice was provided for the February 9 meeting.
    • Vice Mayor Avila-Vazquez stated for the record that she attended the February 2 meeting as directed by legal counsel.
    • Commissioner Howington read a formal statement explaining his intended "no" vote. He expressed concern that the meeting was publicly noticed as canceled before being called to order. Absent clear legal authority showing compliance with Florida Statute 286.011, he stated he could not vote in the affirmative out of concern about a potential Sunshine Law violation.

Key Outcomes

  • Adoption of Consent Agenda: The motion to adopt the consent agenda items as presented passed by a vote of 4 to 3. Voting in favor: Mayor Avila, Commissioner Heriot, Commissioner Nabicht, and Commissioner Santiago. Voting against: Vice Mayor Avila-Vazquez, Commissioner Colwell, and Commissioner Howington. Discrepancy Note: The official written minutes record a tally of 3 votes for and 3 against (omitting Commissioner Heriot). The Mayor announced the result as a 4-3 vote in the meeting transcript.
  • Meeting Adjournment: The special meeting was adjourned at 5:44 PM.

Meeting Transcript

Good evening. We're gonna go ahead and get started with the special city commission meeting for Monday, February ninth, twenty twenty six. If I can please have the city clerk call the role. I'll ask Commissioner Calwell if you can lead us in the pledge. And to your for which it stands on your individual with whatever standard all right. Before we get started with the consent agenda item, is there any of the consent agenda items we want to pull before we go to public comment? Commissioner Calwell. Mayor, I have a point of order, I believe. Um I'm concerned about how the last meeting on the second was resolved and moved. Um is it normal for us to show up at the meeting, or were we supposed to get called prior to the meeting? City attorney, you want to respond? Once the uh gavel hit, was that murder meeting adjourned or was it continued? Yeah, so on it was called for adjournment. So on February 2nd, the regular city commission meeting was called the order, and a quorum was not present in the room. The vice mayor, as the presiding officer then acknowledged the lack of quorum and recessed the items on the agenda to two dates certain. The first is the special commission meeting tonight on February 9th, and the second is the regular city commission meeting on February 17th. The recess of the February 2nd meeting is in line with the commission's adoption of Robert's rules of order as a guideline for parliamentary procedure. So Robert's rules of order and the sunshine law mandate that no official action may be taken in the absence of a quorum. Robert's rules provides that once a quorum is no longer present, the commission must adjourn, recess, or take some other measure to assemble a quorum. In this case, the vice mayor called for the meeting to be recessed. Attorney General opinion 90-56 advises that if a meeting is to be adjourned and reconvened to complete the business from the agenda of the adjourned meeting. Is there any of the consent agenda items that anyone reaches to pull before we do a motion? A second and then public comment. I'd like to make a motion to adopt the consent agenda items as presented there is a motion by Commissioner Harriet. Commissioner Santiago, you're up next. Second. Second by Commissioner Santiago. This time we're gonna go ahead and go to public comment on the consent agenda items. Martin Padada. Mr. Parada, if you can please turn on the microphone. Go ahead. David Sosa, Daltona. Timothy Howington, Del Tona. Jason Voles, Del Tona. Sean O'Donnell, Del Tona. Taylor Nealer, Del Tona. Pamela Braun, Del Tona. Okay. Wendy Page, Del Tona. Gail Bora Daltona. Chris Collier, Del Tono. Albert Bryan Daltona. Brandy White Del Tono. I I handed a packet to the clerk.

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