Vila Vasquez? Still here. Commissioner Caldwell? Here. Commissioner Howington? Here. Commissioner Lely? Here. Commissioner Santiago? Here. Vice Mayor Harriet? Here. Mayor Vila? This time we're going to stand for the pledge and I'll ask Commissioner Caldwell to lead us in the pledge. We're going to go ahead and jump right into this. We're going to go into action items A. If I can please have the city attorney read the ordinance. Yes Mr. Mayor this is ordinance number 29-2025 an ordinance of the city of Deltona Florida providing for imposition of a temporary moratorium on issuance of development orders and permits and on the processing of development applications city code text amendments rezonings comprehensive plan text and land use plan amendments for development of residential dwelling units within the city. Exempting specified development providing for waivers providing for vested rights providing for appeals providing for exhaustion of administrative remedies providing for a term not to exceed nine months unless extended by the city commission as provided by law providing for conflicts severability and an effective date this is second reading um as you all may recall from we start that section at this time I'll entertain a motion I'll make a motion please I hereby move to approve ordinance number 29-2025 there's a motion by Commissioner Howington is there a second second there was a second by Commissioner Lully correct okay and as you all may recall from the previous hearing the planning and zoning board had recommended three changes uh to the ordinance of which one was accepted um exempting the infill residential development for single-family homes so that has been added to this ordinance on second reading uh and and one additional piece of information um that the commission should be aware of is that since the time of publication of this agenda and the agenda memo referencing sb 180 sb 180 has been signed into law um so the provisions of that bill are now active okay um we're nobody on the board so we'll go ahead to public comment cool please mr mayor commission i want us to keep in mind here i agree with this moratorium i'm one of the first commissioners that voted for the moratorium when it came up last time and been involved with responsible growth in this town for the last eight years so the fact is not lost on me how important this is what i do take exception to however is the dramatics surrounding this because it takes away from the seriousness of what we're trying to do and i mean online especially the fear porn that's being thrown out instead of factual representation is something that i take exception to because we are a serious city and we're getting that's getting negated by all of the fear porn tactics that are being thrown out and things that are being talked about so i'm going to ask us as we talk about this to move forward with this information deltona has 26 304 acres okay and we only have um about 300 acres of that left for development in parcels and and what we can collect impact fees on so that's less than one percent of what we have here to build on ninth or 12 uh 12 available land commercial land properties at 107.83 acres and residential 19 at 104 so i want us to think about the roi on this and our impact fees and move progressively through the impact fee and the community should know about this when you're talking about this be genuine about what we're talking about because the things that are thrown out here paints us in a bad light and the narrative is that we're chasing money as opposed to creating more revenue streams we should be courting the state and the counties right now about grants to take care of what we're looking for the capital improvements and stormwater uh that's what it's at heart here flooding so as you move through please stop with the dramatics on the online bs and get to work with doing what we actually need done i am at the head of the org chart so i am telling you that's what the job is here thank you stephanie cox please evening everybody it's great to be here thank you for thank you for listening to me tonight we need to think about our future and our children's future and everybody else's future because we are digging ourselves a hole that we are not going to get out of we need to stop this building process we move forward with moratorium thank you tim blodget please it really does appear that the state has no idea what our problems are unfortunately and uh if we're going to get sued for uh every time we try to protect our town i don't know is it worth it you guys would know better than i do so here's what i'm going to do i'm going to support whatever you guys decide um if we're going to lead a fight against the state great but i'd rather we were not the spearhead of it i don't would i wouldn't mind us joining somebody else uh like uh windermere they got deep pockets but uh deltona really doesn't so as best you think best knock your socks off i'm gallagher hi i just really want to uh let you know that i am in favor of the moratorium because i don't believe that developers wishes and profits should come before the citizens health and lives and safety um they're just being flooded out and i don't i believe that our impact uh fees need to fix all the problems um and just really let's get on the same page and let's try to make our city better thank you kathy bryan evening kathy bryan deltona you know we we had that moratorium before and previous commissions did nothing about it even though lots of us stood up here and said what about the moratorium over and over again but they were too busy firing a city manager and hiring one that really didn't give a crap about a moratorium so here we are again here we are facing the state my what i say to you is that this state can't bear the unchecked development we've been seeing whether it's our water supply the flooding that washes off the roads the chemicals in the lawns etc going into our water system and eventually we've already got salt water intrusion in places so eventually our water supply is going to go down and we were at a real chance of desertifying florida if you don't know what that means go look at what the mideast used to look like a long long long long pinaco and even areas of america we are ruining the reasons people come down here to live i'm sorry that the state's doing that but i would be real curious if we have some other cities that would be on board and some other counties that home rule because if there are enough i say go with the moratorium we really have to slow it down and think smartly how much would even improving our roads help out even if it was 30 seconds worth help out the fire department response time so there's a lot of things to consider and the state just doesn't know different pockets of this of florida every city's got different needs so i encourage it i i really don't think we need to develop them as much as people think think we do thank you allison good evening mayor commissioners and staff my name is allison root i am a longtime resident of deltona and the executive officer for the vbia representing hundreds of companies and thousands of their employees here in volusia county as each of you were sworn into your positions you took an oath to office to uphold not only the u.s constitution but the state of florida legislation as commissioners you are charged with maintaining both law and order and setting that example for our community last week governor de santa signed sb 180 whether you are in favor of it or you are not in favor of it it is our current legislation and it is in effect today with parts of it retroactive to august 1st of 2024 it is my hope that you understand that passing a moratorium tonight would be in direct defiance of state legislation that you were sworn to uphold if you would like to fight this battle with taxpayer dollars that's something you can do but that's not a decision that's been made tonight our city is in jeopardy of losing millions of dollars in attorney fees not only what you're going to need to pay your attorneys but what you'll have to pay for complaint and attorney fees as well and like someone else said we don't have the money for that um the misconception that this bill does not take effect until tomorrow i believe is just that a misconception i have read that bill from front to end a million times and nowhere does delight first pop in that that is the effective date it goes into effect the day it becomes law which is the date was signed by the governor last week with the exception of the retroactive portion that went into effect as of august 2024 so it is my hope as not only a resident of deltona but as someone who has business here that you do the right thing thank you all right can we go ahead and vote please mr mayor if i may i do want to clarify one thing before you vote the bill was signed by the governor on june 26th it is in effect today it does not go into effect july 1st it is in effect right now it is state law that moratorium under the bill sp 180 are not permitted effectively a moratorium very likely will be considered null and void upon passage and as we've discussed previously and as we talked about during first reading if this moratorium is passed and it is challenged as permitted under sp 180 by a resident or business owner and there is a grace period where we can repeal it but if we elect not to do that and they move forward and they prevail in a civil action they will be awarded attorney's fees and costs thank you thank you let's go ahead and vote please we called for a vote all right we're going to go through one comment commissioner lully and then commissioner vila vasquez thank you mayor i just had one question for the city attorneys uh we discussed a topic earlier today about um getting consensus for something about kind of on this topic would it be appropriate to do that now as part of this this motion or can we do that during your comment section or can you just guide me on that we discussed getting research and so i believe you're alluding to we had a conversation about um researching what other cities may be looking to challenge yes the um the legislation i would recommend that it be done under a separate motion rather than under the motion that's on the floor right now we can certainly take that direction during attorney comments okay thank you thank you mayor commissioner vila vasquez thank you uh mayor so before we may take a vote i just want to make a comment so this is a serious and very important decision that we have to make and by no means are we stopping developers from developing what we're asking is for a pause to slow down and let the city heal the wounds that are already out there there's a lot of our residents who are hurting still suffering from the floods and i read some of the information about this sb 180 and it talks about people who were affected by the previous hurricanes are not even considered they're just going right over their heads so it's a shame that we took an oath but i took an oath to protect the residents of the city of deltona and by the state forcing us to go over our what our residents want by threatening to sue us it's shameful these are our residents these are the people that voted for us to be up here on this dais to speak on their behalf and we're told to zipper our mouth deltona has so much development on it and that's the reason that we are sucking up most of the water from the blue springs this is what brought the project from lay shore drive to the city of deltona because we have to start pumping back all this water that we're using so here comes more development development sucking up more water this is a serious situation that we're going through let's heal our wounds let's help our residents heal their wounds by helping to fix and i i understand no i don't i'm sorry i'll take that back i really don't understand what tallahassee is trying to do to us they're tying our hands and they're saying your residents are they're hurting but you can't help them because we don't let you we don't want you to it's a shame it really is a shame thank you ma'am all right liz can you please put us up for a vote did you want to speak commissioner okay go ahead can we repeat the motion please list your mic is off 29 20 25 popping up on your phone no you could do a verbal vote that's fine okay commissioner vila basquets yes commissioner colwell yes commissioner howlington yes commissioner lally yes commissioner santiago no vice mayor harriet no mayor vila no motion passes four to three we're going to go ahead and move on to section 4b if i can please have the city attorney read the resolution request yes mr mayor this is resolution number 2025-71 a resolution of the city commission of the city of deltona florida designating the planning and development services director as the administrative official responsible for the administrative approval of plats and replats in accordance with section 177.071 florida statutes 2025 providing for conflict severability and an effective date this is a resolution directly responsive to senate bill 784 which was also passed during this legislative session which goes into effect tomorrow july 1st and requires that certain plats and replats be administratively approved by a designated official or employee of the local government because the planning and development services director is the official designated for other administrative approvals in the land development code we felt it was appropriate to designate for this function as well thank you at this time i want to say a motion nobody's on the board whoever wants to make the motion is fine go ahead your your mic is off here you go make a motion to approve resolution 2025-71 city of deltona administrative plant um per senate bill 784 second so motion by commissioner santiago second by vice mayor harriet uh commissioner lully you're on the board and if nobody else is on the board we'll go to public comment thank you mayor um i just want to clarify with city attorneys i know we discussed earlier but i did have some questions from the public um with the way the law is written we cannot appoint the commission or a commissioner in this particular role that is correct um it is expressly required to be in administrative approval it cannot be the governing body or a member of the governing body okay thank you public comment please yes sir all right can we please vote verbal vote it's fine yes yes yes yes yes yes the vote passes seven to zero this time we'll go to city attorney comments thank you so much uh we have four items to discuss tonight um the first is a memorandum of law that i sent to you all yesterday it's dated june 29 2025 this is the impact of the senate bill 180 this memorandum goes over the bill the impacts of the bill it talks about local emergency powers transparency and reporting obligations building permitting and storm recovery local government regulations and limitations um state preemption authority and it makes some recommendations with respect to compliance actions now i know that you all had a chance to review this but i just want to talk about the compliance actions um and certainly take any questions you all might have so in light of this bill it is critical that the city revise its emergency procedures and conduct staff trainings to ensure that the procedures are in place to comply with any local emergency declarations that are required under the bill as well as the transparency and reporting obligations the city should have a plan in place for post-storm permitting and inspections it's also suggested that the city evac will evaluate all ordinances enacted from august 1st 2024 until now to identify whether there's a potential conflict with the provisions of senate bill 180 um we also would encourage you from enacting any ordinance that imposes moratorium or adopts any more restrictive land use regulations or permitting procedures during any time period when it's prohibited because the city of deltona is prohibited under senate bill 180 from enacting moratorium on construction redevelopment or more restrictive land use amendments from one year post landfall of the storms called out in senate bill 180 um because the city was most impacted recently by hurricane milton milton the actions that are um in the bill are retroactive to august 1st 2024 do apply to the city of deltona so happy to take any questions but um this obviously has provided to the city manager i i had a good call with him saturday and we talked through all these things certainly these are things that he'll be implementing on the staff side but we just wanted to make you all aware and if you have any questions about any of this we're happy to discuss um but if not we do have a few other items um commissioner lawley thank you mayor um i just i guess this would be the opportunity um i wanted to see if we could get consensus to um provide you direction on some next steps with in regards to this and we discussed this um earlier today um i wanted to see if if you could um reach out to other municipalities um to determine what actions if any they are taking um in regards to this um i think i'll leave it there for now um and keep it a little bit more broad and generic but i i do want to see how others are reacting to this and what are some tools that would be available to us through legal channels um uh to um i don't want to use it too strong of a verb but to um address address this to address senate bill 180 yes so um thank you so much as per our discussion um certainly there are other governments um potentially the florida league of cities potentially other cities and counties um i think there are certain cities that are you know particularly hard hit by senate bill 180 that have certainly uh there's been mutterings uh in the city attorney world about who's going to be taking action and if the commission directs us to we're happy to reach out to the other governments that we're aware of and the other city attorneys that we have relationships with and contact with and see what other cities and counties um or other related groups affected groups are planning to take action and we could bring you a report um so you all can make some decisions if there's anyone you want to join in with or support um we could have this at least at least as much as we can get by the next meeting on july 7th so if the commission provides direction to do so uh we're we're happy to do so mayor could it be appropriate to get um consensus from the commission to do everything that mr savia has just so eloquently explained sure real real quick mayor um this is a investigator investigatory in nature correct yes okay we're not giving them direction to take action on it no no action at this time they would give us information on potential actions to take and potential partners that might be taking action that we might um be aligned with i think that's the the goal all right so did you want to make that motion commissioner lully uh yes i'd like to get um i make a motion for consensus from the commission to direct the city attorney um to uh reach out to other municipal partners to determine potential action for the commission to consider as it relates to senate bill 180 um and any other actions the city attorney sees appropriate um for that cause second there's a motion by commissioner lully second by commissioner vila vasquez can you please do a verbal vote list yes yes yes yes commissioner lully yes commissioner santiago no vice mayor harriet yes mayor vila no motion passes five to two thank you oh any other questions nobody else is on the board you can proceed okay thank you so much um so the next thing i want to talk about is we did receive a pre-suit notice that we sent to you all um we received this on june 27th which is the day after senate bill 180 became law um from uh rebecca rodin and her firm um representing the property owner uh howland station counter developers llc for the properties at 1600 1620 1625 1630 and 1635 martin luther king jr boulevard that are commonly referred to as howland station um they have filed this notice of intent to file suit under senate bill 180 um we provide we provided it to you all so we just wanted to let you all know that this is the first challenge that we've received to an ordinance and this is with respect to the live local ordinance which was a pass on second reading in december 2024 as you all know we have already been sued by the howland station counter developers llc so there is already an action um it's unclear from this letter uh whether they plan to bring a separate action or or simply amend their complaint and add account to their existing action which is what i would imagine they would do um but they have filed their intent uh and so we will and we can do this at the meeting next week we can put an item on and we can put this letter on and discuss it a little more in depth but we just wanted to flag that for you um because that's obviously something that is uh impactful and there's a that clock that 14 day clock um as percent of a 180 that we've talked about before that has started to run so do you want to request a shade meeting not on this okay so this is pre-suit um so we're not going to request a notice on the uh shade on this um but i we do we would we i just want to let you know we're planning to bring this next week to the meeting so that you know we can have it on the agenda um so there can be more discussion any questions about the pre-suit notice now a question um just make sure so i can call people on time just make sure you're checking out please because i didn't see it go ahead commissioner um this is the property where we had deemed that the application was incomplete due to the fact that they did not get permission from the city to purchase the property per the special deed correct it was deemed incomplete and and we have a very good writing from their attorney at the time um that acknowledges that the application was incomplete um and yet here we are um that actually leads us to the next topic we would like to request a shade meeting on that case uh the howland station condo developers versus the city of deltona we'd like to request it as soon as possible but likely before next the next meeting on the seventh our outside council would like to likely appear on video if that's acceptable we can bring them here but it's obviously a tight turnaround so if you all are okay with it we'd like to request the shade meeting we think it'll be 30 minutes we can do it before or after the cra meeting and um they if you if you're if you find it acceptable for them to appear on video motion to uh get consensus for a shade meeting before or after the cra meeting uh and it'd be acceptable for outside council to appear remotely second motion by vice mayor second by how uh commissioner howington can we can we make this a time certain this is five o'clock what time is our cra meeting i believe it's at 5 15. yes i believe that's correct is that correct yes would it be okay with the commission to do it at 4 30 because my issue is that our meetings start running into each other and then we have the public waiting i don't i don't want to get that so do you guys mind amending your motion to have it go from 4 30 to 5 please my preference it would be that we do it after the cra meeting uh we're we're getting a predicament where it would be better if we could have a five o'clock and a 5 30 and then the six um i don't know if that's something we can do without the city manager here i imagine it is i mean you all could certainly elect to move the other meetings back in time so if you have the cra start at 5 30 rather than 5 15 and just move everything back the importance of advertising um of meetings is to make sure that there is proper notice for people to arrive on time so pushing things back a few minutes is generally acceptable so i'll amend my motion for those three meetings to start at five o'clock so five o'clock cra 5 30 shade i'm leaving that open okay great so um and we did talk to the manager before this meeting and he was comfortable with restructuring the meetings however you all wanted to see to do that fantastic are you okay with that okay commissioner will ask us before we vote on that i know you have your yes so um each meeting is going to be for 30 minutes is what you're saying even the cra meeting so because i'm just a little concerned here we're giving ourselves such little times to discuss very important things i don't know how other commissioners feel but cra for me is very important 15 minutes is not going to cut it so i'm just concerned that we're just cutting you know ourselves the time to discuss these uh these things if you don't mind since i made the motion my intent was to provide 30 minutes for the cra meeting 30 minutes for the attorney meeting and then that was my question i was told no that was that was the intent was it it would be 30 minutes 30 minutes and then on schedule for the regular commission meeting so 5 5 36 6 30 okay commissioner thank you mayor uh just briefly i just wanted to flag that i will not be here in person um at next week's meeting so um please don't rely on me for a quorum for any of those thank you okay uh liz can we please vote commissioner yes commissioner calwell yes commissioner howington yes commissioner lully yes commissioner santiago yes vice mayor harriet yes mayor viola yes motion passes seven zero you have your consensus thank you so much um unless you all have any other comments uh or questions for us we that that concludes our items thank you you