City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, February 17, 2020 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:33 p.m. 2. ROLL CALL – CITY CLERK: Mayor Herzberg took a recess at 6:32 p.m. and reconvened at 6:34 p.m. Present: 8 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner McFall Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg Interim City Manager Cooper City Attorney Absent: 1 - Commissioner King 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Vice Mayor Ramos. Vice Mayor Ramos introduced Pastor Bradley with New Hope Baptist Church who led everyone in the invocation and the pledge to the flag. The National Anthem was sung by Ashley Antoine a 10th Grade student at Florida Virtual School. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Special Commission Meeting of January 28, 2020 and the Regular Commission Meeting of February 3, 2020, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Bradford, seconded by Commissioner McFall, to approve the minutes of the Special Commission Meetings of January 28, 2020 and the Regular Commission Meeting of February 3, 2020 as presented. The motion carried by the following vote: City of Deltona Page 1 Printed on 2/26/2020 City Commission Minutes February 17, 2020 For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg 5. PRESENTATIONS/AWARDS/REPORTS: None. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 18-2019, request to rezone +13 acres located off of Howland Blvd. west of Pine Ridge High School from RE-1 to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - Create more diversified and high-quality housing opportunities. City Attorney Segal-George asked anyone who wanted to give testimony on this matter to stand, raise their right hand and she swore them in. Commissioner Bradford stated she had ex parte communications with Attorney Mark Watts and she had numerous correspondence with residents to include emails. Commissioner Nabicht stated he has ex parte communications to include emails and conversations with Attorney Mark Watts, the development team, Mr. McCully and neighbors of the Pine Ridge area. Mayor Herzberg stated she had ex parte communications through emails from the residents, conversations with Attorney Mark Watts and the development team, she did a drive by and she did an extensive research on the area. Vice Mayor Ramos stated he had ex parte communications with Attorney Mark Watts and received emails from residents. Commissioner Avila-Vazquez stated she had ex parte communications to include email from local residents and conversations with residents who had contacted her. Commissioner McFall stated he had ex parte communications to include emails from residents but, other than that he has had no ex parte communications. Planning and Development Services Director Ron Paradise gave a brief explanation of the item which included that this is an application to rezone 13 acres of land from RE-1 to RPUD, the proposed 58 units, the lot sizes, attached dwellings on individual lots, net density of 4.4 units per acre, Comprehensive Plan Land Use Map, the LDR (Land Development City of Deltona Page 2 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Review), the Commission continued the item at its January 21, 2020 RCM (Regular Commission Meeting), the applicant's meeting with the neighborhood on July 31, 2019 and February 20, 2020, changes have been made to the project, the eight considerations to approve or deny a rezoning, other considerations, traffic, the staff report and staff's recommendation to approve the rezoning. Commissioner Bradford asked with regards to item "j" did the City change its minimum front yard setback and Mr. Paradise replied the setback here is 20 feet which has been applied to other similar projects. Commissioner Bradford stated that the setbacks are not what has previously been brought before the Commission and she asked what has changed. Mr. Paradise replied the lot sizes are smaller in this development. This is a new development project and those dimensional requirements will be applied specifically to this development.Commissioner Bradford asked what was the project that the Commission approved last year that had smaller lot sizes and Mr. Paradise replied Doudney Partnership and Courtland Park. Commissioner Bradford asked if the City is going to be inundated with variances in the future and Mr. Paradise replied this is a master plan community which is held to a higher standard than a variance and anyone wishing to deviate from the dimensions would be confronted with having to amend the BPUD. Commissioner Bradford stated that nobody in the subdivision would be granted a variance for any reason and Mr. Paradise replied that is correct, they would have to amend the Development Agreement. Commissioner Bradford asked if outside of the floor zone has staff ever known of that property flooding and has the elevation been raised to prevent bubbling on the property and Mr. Paradise replied no. Commissioner Bradford asked if there are any documents showing bubbling on the property and if there were would that change staff's opinion on whether or not a subdivision should be there. Mr. Paradise replied no there are none but, if there were that would change staff's opinion. Commissioner Nabicht asked of the 8 items did the P&Z Board sight any one of those and Mr. Paradise replied not to his recollection. Commissioner Avila-Vazquez asked why the P&Z Board recommended denial and Mr. Paradise replied the board thought the density was too great. Attorney Watts (on behalf of the Applicant), Cobb Cole, 231 North Woodland Blvd., DeLand, spoke about asking for a continuance to be able to have a community meeting, working on the project with staff since 2018, and setbacks vs. variances. He gave a brief PowerPoint Presentation which included Summary of Request, Pine Ridge RPUD, Initial Neighborhood Layout, Input from staff and July 31st neighborhood meeting, Additional changes following February 21st neighborhood meeting, Review Criteria Per Section 110-1101 (e) of the Zoning Ordinance, Changes in circumstances or condition affecting the area, Policy FLU1-5.12 and Policy FLU1-7.7, Section 110-808 of the Code, Policy FLU1-7.8, and Policy FLU1-9.1. Commissioner McFall asked if it was viable to develop the property under its current zoning and Attorney Watts replied per the code a developer cannot currently develop dirt road City of Deltona Page 3 Printed on 2/26/2020 City Commission Minutes February 17, 2020 subdivisions so when looking at the cost of doing a subdivision it gets to the point where you price out the ability to develop, it is 13 lots, economically impractical. Mayor Herzberg asked in reference to the map, what are the lot sizes on Goldenhills Street which is 15 lots and Attorney Watts replied typical Deltona lots 80x120. Commissioner Bradford asked why Deltona could not have one acre homes and where is that subdivision. Attorney Watts replied there are more opportunities for larger lots and fewer opportunities for smaller lots in the City. Deputy City Clerk Elizabeth Keys read a statement from Commissioner King who could not attend the meeting and that he is against the rezoning. Mayor Herzberg opened the public hearing. Deputy City Clerk Ms. Keys read a form letter which was sent by email into the record and the list of all the residents who submitted it.. Christina Prentiss, 1348 Nadine Drive, Deltona, spoke about being a 31 year resident, her experience walking to school, traffic, the effect of the development, TRIPS (Traffic Impact Process Study), and voting no on the proposed development. Austin Healy, 3785 Pinehurst Street, Deltona, spoke about being a 33 year resident, schools she attended, the project not fitting the area, traffic and accidents in the area, safety of residents, and voting no on the proposed development. Eileen McCully, 920 Gage Avenue, Deltona, spoke about legal issues with the development and staff report, the poster boards around the room, Deltona's definition of compatible and the project being incompatible, the project not fitting with the surrounding environment, Fairview Subdivision being unique, following the laws, and voting no on the proposed development. Sean McCully, Deltona, spoke about being a 31 year resident, bad land development, the classification of the surrounding area being RE-1 and its intent, betraying the tax payers by approving the rezoning, spot zoning, destroying the natural beauty of the area and voting no on the proposed development. James McCully, Jr., 920 Gage Avenue, Deltona, spoke about the borders of the development, the surrounding schools, the number of houses proposed being wrong, the P&Z objecting to specific issues, misleading and inaccurate information, laws the Commission must follow, project being incompatible and misleading, using common sense, cannot and should not rezone the parcel, taking the time to read all the material sent and review the P&Z meeting. James McCully, III, 1348 Nadine Drive, Deltona, spoke about the 10 year housing City of Deltona Page 4 Printed on 2/26/2020 City Commission Minutes February 17, 2020 projection, details skipped over in the staff report, location of the stormwater, the current zoning and it not being rural, Policy FLU1-7.7, the Comprehensive Plan, the project hinging on the word "compatibility" and being "spot zoning", the Commission's decision being clear, urban sprawl, the City must grow and accommodate future housing, the project is not compatible and shifting land use, and to vote no on the proposed development. J.B. Wright, 965 Iron Bend Trail, Osteen, spoke about supporting his neighbors, speaking about developments over the years, parking on the street, and being against the proposed project. John Brundehler, Fish Hawk Road, Deltona, spoke about being 43 year resident, numerous mistakes in the developer's favor, the engineer who signed off on the report, the study being relevant to only the county road, many items in the staff report being debatable, people trespassing on his property to remove gopher turtles, plans being started without any notice to the residents, the project changing the area, growing in a financial manner, urban sprawl, his Commission telling him to sell his house and move, and the developer can still make a profit on the property without the proposed development. Jeff Brower, 310 Dawson Brown Road, DeLeon Springs, spoke about important issue, running for county office, how the citizens are treated and how land has changed, private property rights, respect for neighbors and personal responsibility, freedom and liberty, the developer being able to make a profit without the rezoning, what the State of Florida requires, residents who have built their lives here and elected the Commission, siding with the constituents and having an enclave of quiet development. Jody Lee Storozuk, 777 Courtland Blvd., Deltona, spoke about being on the P&Z Board and denying the proposed rezoning for all criteria, everything looks good on paper, the young man that died in the area due to traffic incident, the road being unsafe and not practicable, the project not being fair to the residents, building 13 house on the 13 acres, not living in the neighborhood but, it should be about the ones that do, one person's need not overriding the residents' needs and being about the money. Kathy Holley, 3429 Fish Hawk Road, Deltona, spoke about 16 year resident in Volusia County, attending all the meetings on this item, the residents the project affects, Attorney Watts continually bringing up "buffers", the current zoning, the current zoning being done for a reason, the proposal has the smallest lot lines in the City, building one acre lot homes, the decision resting on the Commission and the Commission considering the residents. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about same project just a different portion of the City, 99% of Deltona being 80x100, the proposed 40X120 lots, if the Commission would want the development next to them, a home being built on a pie shaped lot, the traffic in front of the high school, adding 200 TRIPS during morning school hours, not child deserving to get hit by a car, leaving the property zoned as is, and houses being built on 7 acres. City of Deltona Page 5 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Mark Nelson, 3480 Fish Hawk Road, Deltona, spoke about working for the Seminole County jail and the City's policies, that the policy does not say the Commission "must" grant the rezoning, the staff report having inconsistencies, having deer in his yard and one hitting his car, urban sprawl, RE-1 residents surrounding the proposed development, ranches being considered countryside, the qualifications of the previous City Manager and being stuck with her forever, the Gettysburg Address, protecting the residents rights, Marie Antionette, and following City, local and state laws as the Commission is obligated to do. Preston Alley, 2058 W. Hyde Drive, Deltona, spoke about the proposal not meeting the elements of the Comprehensive Plan and being incompatible with the surrounding neighborhood, destroying the natural beauty of the area, opposing the development, the P&Z Board opposing the development, citizens opposing the development, he opposes the development, Deltona's growth has affected the environment, the project affecting the drinking water, and he thanked the Commission for all they do. Elizabeth Graham, Puritan Street, Deltona, spoke about living here for over 30 years and having several acre parcels, having nature and wild animals in the area, the project not being compatible to the neighborhood, traffic for students and emergency vehicles, the project causing an additional 174 cars on the one lane road, the community defending itself, the developer suggested putting in more buffers and trees in support of the project, what the younger generation needed and the project being an easier sale for the developer, the developer having the land for sale currently, the developer being able to sell the property as is, the project being for profit at the expense of the residents and to vote no on this item. Mark Madden, 3420 Faircrest Road, Deltona, spoke about why the project does not meet the Comprehensive Plan, the area being beautiful and should be kept without development, the wild animals in the area and keeping are for the residents and the City. Commissioner Avila-Vazquez left the meeting at 8:29 p.m. Matilda Morobito, Fish Hawk Road, Deltona, spoke about traffic and public safety, the schools in the area, the current traffic, Policy FLU1-2.I, the photos she sent to the Commission, the City being responsible for the residents safety, schools being at capacity and decreasing the quality of education in the City because of overcrowding. Commissioner Avila-Vazquez returned to the meeting at 8:32 p.m. Ms. Morobito spoke about decreasing the quality of education, Fair Housing Choice, the staff report, economic benefit being diminished, voting no on the rezoning, protecting and safe guarding the life of the citizens. Debbie Scott, 3425 Faircrest Road, Deltona, spoke about being a 31 year resident, the Comprehensive Plan, the staff report, approval not meeting all eight requirements, the P&Z Board decision and not addressing their issues with the staff report, staff's recommendation, people voting and for the Commission to vote no on the development. City of Deltona Page 6 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Kurt Sniffin, 1333 Ferendina Drive, Deltona, spoke about not living near the area, Wayne Gardner explained the original vision of the City, the project opposes the vision established 25 years ago, the builder being able to profit the way the property is currently zones, telling the residents he is sorry for what they are going through, water issues, other cities proposing sewage to drinking water, opposing the rezoning 100%, he feels sorry for the people in this area and the developer doing their due diligence. Michael Bowman, 2790 Lafoy Court, Deltona, spoke about being on the P&Z Board and their decision being overlooked, several residents attending the P&Z Board meeting to speak against the rezoning, taking the residents' concerns into consideration, and encouraged the Commission to look deeply at the development before making a decision. Gene Carter, 3435 Faircrest Road, Deltona, spoke about living in the City for 34 years and he read a document for the record. Commissioner McFall left the meeting at 8:40 p.m. Mr. Carter spoke about the P&Z Board finding the development not compatible with the area, the impact on the schools, visiting the school areas, and for the Commission to vote no on the development. Brandy White, 2689 Chalmer Street, Deltona, spoke about what she heard tonight, Gage Avenue being a paved road and not dirt, Attorney Watts and Mr. Paradise not living in the City, and staff making a decision that does not affect them. Commissioner McFall returned to the meeting at 8:43 p.m. Ms. White spoke about traffic in the area currently, following the Commission's logic, where the people live who are in favor of the project, the amount of notice provided by the developer for the community meeting, residents knowing about this Commission meeting for months, and leaving the property alone. David Sosa, 931 Hemford, Deltona, spoke about the property being in District #6 which he is running for, reviewing the plans and standing with the residents, the RE-1 zoning, the rural landscape changing and adversely impacting the residents, the project being a safety issue, Fish Hawk Drive sharing the entrance with the Baptist Church, the schools in the area, traffic in the area, proposed addition of 300 students, foot traffic in the area, Ferdinand Subdivision, the development taxing the infrastructure, a student killed less than a year ago in the area, and are the profits to the developer more important the safety of the residents and children. "Bo" James S. Janecka, Janecka Electric, 1044 Gage Avenue, Deltona, spoke about the wildlife in the area, protecting the retention area/pond, possible flooding, safety, the area being wet and not getting any drier, gopher turtles and them being endangered, fishing in City of Deltona Page 7 Printed on 2/26/2020 City Commission Minutes February 17, 2020 the ocean, traffic congestion, traffic violations in the area, people going 60 mph on Gage Avenue, and for the Commission to vote no on the development. Cherish Kriscrunas, ?, spoke about being a mom of multiple children who walk to school, the safety issues in the area, serious safety concerns for the children walking to the schools and the parents taking their children to school, and whether this sets a precedence for other developers and setting a new standard. Mayor Herzberg closed the public hearing. Commissioner Bradford asked what is the actual land value of the land area and Attorney Watts replied he did not know because that is not how the City measures it in the code. Commissioner Bradford asked how other cities' code determines density and Attorney Watts replied some vary but, he does not know any City that nets out stormwater, roads or open space and he is not aware of any project in the City's history that has ever had the density measured that way. The density is based on the entire acreage and the number of homes being put into that acreage but, wetland area can be netted out per the code. Attorney Watts touched on a couple of points that were made to include the lots being 95% smaller than the ones adjacent to the development, the comparison being a matter of context and it does not make them inconsistent or incompatible. With regards to the staff report, things were pointed out as inconsistencies and a number of other comments which are opinions vs. the City's professional staff's opinion. When it comes to traffic and analysis within the County and through TPO (Transportation Planning Organization) there is a standardized method to look at and evaluate traffic and the TIA (Traffic Impact Analysis) was followed and done by a licensed engineer. Regarding the stormwater design and flooding the site was designed to hold the 100 year storm event on the site with no outfall. The development is the opposite of sprawl and this is a rural enclave that is surrounded by urban development. The code and the Comprehensive Plan contemplates that Deltona will develop as a City that has mix of uses and diversification of the housing opportunities which are all encouraged by the Comprehensive Plan. The reason the development was proposed in this way and in this location was because of the infrastructure there to support it such as schools, water, roads and sewer. It is in an area where the developer can provide appropriate buffers to transition to the lower density areas that absolutely need to be protected around it. The developer is asking to do this in a way that fits into the context of the neighborhood and that provides buffer transitions that are up to eight times more than code requires between the residential uses. Mayor Herzberg asked if there was access to the subdivision on Gage Avenue and Attorney Watts replied no in fact the developer proposed to limit and restrict access. Mayor Herzberg asked if Gage Avenue was paved and Attorney Watts replied from Goldenhills Street North and South it is dirt down to Faircrest Road and gated from Faircrest Road South. Mayor Herzberg asked if Fish Hawk Road was paved and Attorney Watts replied no. Mayor Herzberg asked whose responsibility is Fish Hawk Road and Attorney Watts replied privately maintained. Mayor Herzberg asked what the three out parcels are zoned and Mr. City of Deltona Page 8 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Paradise replied C-1 Commercial and there is a dedication of a short distance from Howland Blvd. to the entrance associated with part of the Pine Ridge Fellowship approval back in the day. Mayor Herzberg asked on the North side looking at the stormwater buffer to the North of Pine Ridge property, is that all stormwater buffer to buffer the homes on Goldenhills Street and Attorney Watts replied correct. Mayor Herzberg asked if that stormwater buffer would continue up until Gage Avenue and Attorney Watts replied correct. Mayor Herzberg asked if the community meeting that was held was a City sanctioned meeting and Attorney Watts replied it is not and he explained earlier the issues with scheduling the meeting. Mayor Herzberg asked if Attorney Watts sees the change in density across the county and trending and Attorney Watts replied that is definitely the trend. Commissioner Nabicht asked what the date should be in the motion because it is incorrect and City Attorney Segal-George replied this is an ordinance which requires two public hearings, however, the Commission has to send it to the second hearing. If it is not the will of the Commission to send it to the second public hearing then the Commission can end it this evening. Commissioner Nabicht asked what the date in the motion to replace the February 17, 2020 date and City Clerk Joyce Raftery replied March 16, 2020. Motion by Commissioner Nabicht, seconded by Mayor Herzberg, to approve Ordinance 18-2019, rezoning +13 acres located west of Howland Blvd. near Pine Ridge High School from RE-1 to Residential Planned Unit Development and schedule a second and final hearing for March 16, 2020. Adoption of this ordinance authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents necessary to implement Commission approval of this item. City Attorney Segal-George stated there are people speaking out of order, that have not been recognized and that have not come to the microphone to speak. It is imperative for everyone to treat each other with common sense, decency and not just speak out because they wish to. That is not the way our country works. The City Attorney read the title of Ordinance No. 18-2019 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±13.06 ACRES OF LAND LOCATED WEST SIDE OF HOWLAND BLVD. ACROSS FROM PINE RIDGE HIGH SCHOOL FROM CITY OF DELTONA RESIDENTIAL ESTATE ONE (RE-1) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD); PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Herzberg reminded everyone that if the vote is a tie (3/3) it fails. The motion failed by the following vote: City of Deltona Page 9 Printed on 2/26/2020 City Commission Minutes February 17, 2020 For: 3 - Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 3 - Commissioner Avila-Vazquez, Commissioner Bradford, and Commissioner McFall Mayor Herzberg stated the policy is that a Commissioner must be present to vote. She stated the vote meant the ordinance does not move forward to the next hearing and she asked if Attorney Watts understood, it has failed. Ordinance No. 18-2019 failed at 9:23 p.m. 7. OLD BUSINESS: A. Request for approval of Amendment to Agreement for Solid Waste monitoring and Resolution 2020-12 to amend the Solid Waste Fund budget for commercial franchise fee revenue and monitoring costs. - Camille Hooper, Finance Director, (386) 878-8552. Strategic Goal: Fiscal Issues Mayor Herzberg called a recess at 9:33 and reconvened at 9:35 p.m. Finance Director Camille Hooper gave a brief explanation of the item. Commissioner Bradford asked if this was in addition to what Mr. Redman was already doing and Ms. Hooper replied yes, he was previously only doing residential fee monitoring and now the City is doing commercial franchise fees so he will be monitoring that also. The City will receive the franchise fee revenue coming in and so the budget is amended to add the estimated revenue and the estimated expenses for the monitoring. Commissioner Bradford asked if it is in the contract to do it then why is it before the Commission and Ms. Hooper replied the amount is more than the $25,000 threshold of the City Manager. Commissioner Nabicht replied this action is to activate it. Ms. Hooper replied the plan was to implement commercial franchise fees one year after the contract was enacted with Waste Pro and Mr. Redman so that kicks in. This is also to amend the budget because there will be franchise revenues coming in as well. This is to bring forward the amendment to the agreement and the amendment to the budget at the same time. Commissioner Nabicht asked if it was a three year price lock in for Mr. Redman and Ms. Hooper replied it says for one year dated October 21, 2018. It does not have a time limit but, there might be one in the original agreement. Commissioner Nabicht asked if the $21,000 was just for the remainder of the ten month in the calendar year and Ms. Hooper replied right, a calendar year would be $25,200. Motion by Vice Mayor Ramos, seconded by Commissioner Avila-Vazquez, to approve the amendment to agreement between the City of Deltona Page 10 Printed on 2/26/2020 City Commission Minutes February 17, 2020 City of Deltona and Redman Consulting Group, Inc., and Resolution No. 2020-12 amending the Solid Waste Fund budget for the 2019-2020 fiscal year, and further authorize the Interim City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public hearing. Brandy White, 2689 Chalmer Street, Deltona, spoke about the estimated revenue form the franchise fees, is this cost effective, paying soo much to collect these fees, if there is any other option, trying to figure out the logic of this, not having a lot of commercial accounts, is the Redman Group monitoring anything else, and that she has witnessed how this is monitored. Mayor Herzberg closed the public hearing. Mayor Herzberg asked if fines were issued in the past and Interim City Manager Dr. Cooper replied no but, there has been. Commissioner Bradford asked how much penalties have been brought in and Interim City Manager Dr. Cooper replied the penalties are deducted from what the City is paying but, he could get that number for the Commission. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Resolution No. 2020-12 was approved at 9:35 p.m. 8. NEW BUSINESS: A. Review and accept the 5-Year Economic Development Strategic Plan for a Business Park and Manufacturing Related Recruitment - Jerry Mayes, Economic Development Manager, City Manager’s Office (386) 878-8619, and Tom Tomerlin, Economic Development Assistant Manager, City Manager’s Office (386) 878-8622 Strategic Plan: Economic Development Economic Development Manager Jerry Mayes/ Economic Development Assistant Manager Tom Tomerlin introduced Lynn Dehlinger with Redevelopment Management Associates (RMA) who gave a brief PowerPoint Presentation on the Strategic 5-Year Economic Development Plan to include RMA (Redevelopment Management Associates), Deltona Labor Statistics, Deltona Area, Focus Areas of Strategic Plan, Connectivity, Signage Establishes your Brand, Target Industries, Smart & Strategic Planning, Innovation District, City of Deltona Page 11 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Deltona’s Portland Industrial Park (PIP) and the First Phase, Fiscal and Economic Implications, Portland Industrial Park second and Third Phases, and the partners. Mayor Herzberg asked what the actual strategic plan was, what was the focus on and is it only the Portland Industrial Complex. She also asked if the Commission was just approving a concept tonight. Ms. Dehlinger replied the City has a strategic plan document consisting of about 67 pages and is a step by step plan. Mayor Herzberg asked if any of the Commissioners had the strategic plan and City Clerk Joyce Raftery replied it was placed in Dropbox with the agenda and other additional back-up material. Commissioner Nabicht asked what and how RMA interacts with Team Volusia because there sounds like there is some duplication. Economic Development Manager Mr. Mayes replied the phrase he likes to use is "Team Volusia brought Amazon to Volusia County, RMA brought Amazon to Deltona". There was a long term relationship with Team Volusia, they solicited for Amazon to come to Volusia County but, it was RMA who went out and met with Paul Seefried, the developer, and worked hard to get the Portland Industrial Park in place. Until the City had PIP the City had nothing for Amazon or its builder to look at. This was one of the major items he had tasked them with, keeping in mind in 2018/2019 he stood before the Commission and he asked the Commission to declare that manufacturing was going to be "the next big thing". At that time the City was six years into a ten year plan that the Commission had put in place for medial. Now the City is eight years into that plan and coming up on finalizing that plan. This is another plan for the manufacturing and the logistics. Commissioner Bradford asked what the City is paying RMA and Mr. Mayes replied they have already been paid. Mayor Herzberg recommended to table the item to a workshop. She asked what the role of everyone involved was with regards to Amazon and what those roles are moving forward with Amazon. Commissioner Nabicht asked if everyone's role was spelled out in the strategic plan and Mr. Mayes replied no, he would not think so. Commissioner Avila-Vazquez asked if this should not of been done before the Amazon project and Mayor Herzberg replied she thinks they are trying to move forward because Amazon is a catalyst for more logistics and more manufacturing in that area. Commissioner Avila-Vazquez asked for clarification, RMA brought Amazon to Deltona and Team Volusia brought Amazon to Volusia County. Mr. Mayes replied RMA brought Amazon to Deltona and was pivotal in the development and relationship they built with the Portland House of Companies in Melbourne Australia. RMA worked very closely to bring them to the table and the formation of the Portland Industrial Park. Without the PIP the City would have had nothing to show to Amazon. Motion by Commissioner Bradford, seconded by Mayor Herzberg, to table the item and schedule a workshop as soon as possible. The City of Deltona Page 12 Printed on 2/26/2020 City Commission Minutes February 17, 2020 motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Bradford, seconded by Commissioner Avila-Vazquez, to extend the meeting for Items 8-B, C, D and Public Comments. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg B. Request for approval and adoption of new economic development incentive program - Jerry Mayes, Economic Development Manager, City Manager’s Office (386) 878-8619, and Tom Tomerlin, Economic Development Assistant Manager, City Manager’s Office (386) 878-8622 Strategic Plan: Economic Development Mayor Herzberg stated she is not in favor of the incentive program at all and she provided the reasons why. She suggested tabling the item and putting it on a workshop for discussion. Commissioner Avila-Vazquez asked for clarification, her understanding was there is no payout the first year to the business and the payout was based on accomplishing certain requirements. Assistant Economic Development Manager Tom Tomerlin replied correct, there is a one year vesting period before any payout occurs. The Commission discussed incentivizing new businesses, Deltona Plaza, retaining local businesses, vacant plazas, blight, promoting all businesses, to workshop the item for discussion, sales tax and population, the incentive policy needs to be revamped, learning from the Amazon experience, having safe guards in place, who gets the incentives and the revenue stream, who is the negotiator and coming up with a hybrid policy. Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to table the item for further discussion. Commissioner Nabicht asked it should be one workshop with both topics or one workshop for each topic and Mr. Mayes replied two separate workshops. The motion carried by the following vote: City of Deltona Page 13 Printed on 2/26/2020 City Commission Minutes February 17, 2020 For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg C. Consideration of Commissioner Bradford’s appointment of one member and the Commission’s appointment of one alternate member to the Deltona Economic Development Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and External Communication. Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to confirm Commissioner Bradford's appointment of Gina Martin as a full member to the Deltona Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Bradford, seconded by Commissioner Avila-Vazquez, to confirm the Commission's appointment of alternate member Ann Newman to the Deltona Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Commissioner Bradford, seconded by Vice Mayor Ramos, to confirm the Commission's appointment of alternate member Basil Beaver to the Deltona Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg D. Request for approval of Interim City Manager, Dr. Marc-Antonie Cooper’s employment agreement. Camille Hooper, Finance Director, (386) 878-8852. City of Deltona Page 14 Printed on 2/26/2020 City Commission Minutes February 17, 2020 Strategic goals: Internal/External Communications Commissioner Bradford suggested a starting salary of $150,000 and evaluate after that, no caps, and she asked for an explanation of the 20 weeks severance. Interim City Manager Dr. Cooper replied as the Deputy City Manager he would serve at the pleasure of the City Manager who could chose to bring in his/her own Deputy City Manager even though he has dedicating himself to the City during these times and this is so that he has some kind of safety net in that situation. Commissioner Bradford suggested discussing the starting wage and the cap on sick time. Motion by Commissioner Nabicht, seconded by Commissioner Avila-Vazquez, to approve the Employment Agreement with Dr. Marc-Antonie Cooper as Interim City Manager, and upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes Interim City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg opened the public hearing. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about offer being ridiculous, being an Interim City Manager, not agreeing with the removal of all caps, understanding the proposed severance, his reputation and owning it, being worth $120,000 a year, the proposed $4,600 a month, being willing to give $1,800 a month with caps, negotiating a severance and it not being given, a contract that is worthy of the residents and the City Deltona is, his comments not being personal and the citizens being able to speak about what they are paying for. Kurt Sniffin, 1333 Ferendina Drive, Deltona, spoke about not being a Charter Officer as the Interim City Manager, setting a president by removing the caps, not in favor of a severance, deserving a raise but not at the beginning, the previous City Manager's severance, having to prove himself and then revisit the severance, and "verbal" agreements not being binding. Brandy White, 2689 Chalmer Street, Deltona, spoke about being ready to vote with zero discussion, at the last workshop spending an hour discussing cats and spending not even 15 minutes on this item, other options and counter offers, not being required to take the job, forcing people to do things by handing them money, that the residents paying the pay increase, she went over the Interim City Manager's salary since he has been with the City, her employment and the raises she receives, being okay with a 10% increase, returning to his previous position with an additional increase, explanation of the $12,000 in pay and what is being requested is way above the median income of the average citizen. Mayor Herzberg closed the public hearing. Mayor Herzberg stated she cannot support the $175,000 but, she could support $150,000 City of Deltona Page 15 Printed on 2/26/2020 City Commission Minutes February 17, 2020 and her bigger concern is who fills in as Interim Deputy City Manager. She suggested to consider moving Public Works/Deltona Water Director John Peters into the Interim Deputy City Manager position and raise his pay as he was promised. Commissioner Avila-Vazquez called point of order because filling the Interim Deputy City Manager position was not part of the motion. Mayor Herzberg replied it is not part of the motion but, the Commission is having discussion. She will not support the motion as is but, she would consider an alternate motion that would put Mr. Peters in as Interim Deputy City Manager. Commissioner Nabicht stated that is not the Commission's call and Mayor Herzberg replied it is not the Commission's call, however, she has concerns. Vice Mayor Ramos stated unless Commissioner Nabicht is willing to change his motion he suggested to clear the motion whether it passes or not and he stated that he cannot support $175,000. Commissioner Nabicht stated he made the motion early to get it out of the way so the Commission could have some discussion. He told the Commission to wait till they see what they will have to offer the new City Manager, this is the City's track record, there being 13 City Managers in 25 years and the life expectancy of a City Manager being two years. Since the legislature limited the amount of the severance package which can be provided the City is now going to pay that money up front. There is a current salary study being done and the Deputy City Manager is the City Manager's employee. As for Mr. Peters and giving him more responsibility he suggested to leave him alone and let him doe what he does best, water. That the reason the City loses employees is because the staff can go over the bridge and get paid more for the same work. The City has been doing the budget backwards by instead of setting a level of service and then get the mileage to fit that level of service. Dr. Cooper is worth every penny of what he is asking for and he asked if the vote needed to be a supermajority and City Attorney Segal-George replied no. He asked the question, if the Commission does not appoint Dr. Cooper as the Interim City Manager then who else is going to do it. Commissioner Bradford asked Mr. Peters what experience he had with regards to Parks & Recreation, Building & Construction Services and Planning & Development Services because those are the departments that Dr. Cooper was in charge of as the Deputy City Manager. She is impressed with Mr. Peter, his expertise from all the other cities he has worked for, and she suggested putting The Center under Parks & Recreation Director Ryan Reckley. She asked to hear from Dr. Cooper regarding the discussion by the Commission. Commissioner McFall called for the motion. Commissioner Bradford stated it is critical to hear Dr. Cooper's opinion before the vote. Vice Mayor Ramos stated too many things are being discussed, there is a motion to accept what has been presented but, if Dr. Cooper agrees to the contract then it is up to him to hire an Interim Deputy City Manager otherwise the Commission could be crossing the line as it City of Deltona Page 16 Printed on 2/26/2020 City Commission Minutes February 17, 2020 relates to the Charter. Mayor Herzberg asked for clarification the Commission should not tell Dr. Cooper who to put in the Interim Deputy City Manager position and her statement was for efficiency and the efficiency of the other departments. That is something for the Commission to discuss at a later date and she apologized for mudding the water with that and she apologized to both Mr. Peters and Dr. Cooper. The motion failed by the following vote: For: 3 - Commissioner Avila-Vazquez, Commissioner McFall, and Commissioner Nabicht Against: 3 - Commissioner Bradford, Vice Mayor Ramos, and Mayor Herzberg Commissioner Bradford asked to hear from Dr. Cooper unless he would rather abstain and Dr. Cooper rplied he would rather abstain. Motion by Commissioner Bradford, to increase the pay of Dr. Marc-Antonie Cooper as Interim City Manager to $145,000 with a six month performance review to revist the pay and to have no caps on his vacation. The motion failed for a lack of a second. Vice Mayor Ramos stated that Dr. Cooper has proven himself and he suggested a salary of $150,000. Commissioner Bradford asked what about the caps and Dr. Cooper replied just to make it easy put a cap on it. Motion by Vice Mayor Ramos, seconded by Commissioner Bradford, to increase the pay of Dr. Marc-Antonie Cooper as Interim City Manager to $150,000 and to have caps on his vacation and sick pay, in accordance with the personnel policy. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Commissioner McFall stated he wanted Dr. Cooper taken care of if he is terminated once the new City Manager is selected and Mayor Herzberg replied that is part of the contract. Commissioner McFall stated he just wants it to be clear. Commissioner Nabicht replied the only changes to the proposed contract are the $150,000, reinstating the caps in accordance with the personnel policies and everything else stays the same and Vice Mayor Ramos concurred. Mayor Herzberg asked if Vice Mayor Ramos wanted to add a six month review and Commissioner Bradford replied Dr. Cooper said no. Commissioner Nabicht called the question. The motion carried by the following vote: City of Deltona Page 17 Printed on 2/26/2020 City Commission Minutes February 17, 2020 For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg 9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. 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. Gale Barr, 555 Dustin Terrace, Deltona, spoke about looking into speeders on Finland Drive, she requested a speed table be put in the area, her mother getting in an accident on her street which totaled her car, that she almost got in an accident herself on her street, and the speed limit sign not slowing anyone down Vice Mayor Ramos left the meeting at 10:55 p.m. and returned at 10:58 p.m. Brooke Light, 1031 Matterhorn Street, Deltona, spoke about last Monday's workshop and the amount of people who attended, what the volunteers for TNR (Trap Neuter Release) do, she told a story about someone feeding cats that were trapped and then released, reaching out to rescue groups and social media to assist with TNR, getting more information out to the public about TNR, and preventing the "seven crisis". Theresa Melton, 2864 Staten Drive, Deltona, spoke about sending the Commissioners an email this morning and she suggested the Commission ride along with her to feed TNR cats. Dorothy Ensor, 3694 Pamova Street, Deltona, spoke about emailing the Commissioners and providing a copy to the clerk, she apologized for being so emotional and she asked that the Commission read the email. Tammy Coffin, 3042 Blaine Circle, Deltona, spoke about her case being brought up tonight, 280 homes around her home that have sheds on property line and in the setbacks with no permits, homes with above ground pools with decks and no permits, the house next door to her was provided a permit for a mini-home that is 8 feet in the setback, the mini-home having electric and remodeled both interior and exterior, putting her through hell for a plastic shed, the Mayor getting a permit for her shed, the fight not being over, statements made by Interim City Manager Dr. Cooper, and when the Mayor's variance meeting will take place. Brandy White, 2689 Chalmer Street, Deltona, spoke about the attendance at the last workshop, the capacity of the 2nd Floor Conference Room being 48, the City paying for legal representation that is not (fowl language) listening, being livid, how American government works, 192 people saying no to the package but the Commission approved it, not addressing the rest of the problems with the Interim City Manager's contract, when the clock started for Dr. Cooper's contract, not getting responses to her questions, not going anywhere until the Commissions' behavior changes, looking for land and not being able to City of Deltona Page 18 Printed on 2/26/2020 City Commission Minutes February 17, 2020 find any, passing items without thinking about them, the Commission being fake and she hopes the Commission cannot sleep at night. Kurt Sniffin, 1333 Ferendina Drive, Deltona, spoke about his street being a speedway and how dangerous it is, he requested a traffic study and/or a three-way stop, contacting the VCSO (Volusia County Sheriff's Office) to do a STEP (Selective Traffic Enforcement Program), what the City pays VCSO, that residents should receive a response to their questions, he thanked the Commission for their vote on Item 6-A, it not always being about the tax dollars, and he wished everyone a great night. David Sosa, 931 Hemford, Deltona, spoke about the Deputy City Manager position and how many there have been, the median household income for the City, and the reasons for the delay on the Tivoli Drive project. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 10. CONSENT AGENDA: None. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: None. 12. CITY ATTORNEY COMMENTS: City Attorney Segal-George stated a bunch of students from two of the local high schools came and addressed the Commission with regards to vaping. She and Attorney Scott George, her son, worked with the teachers and Attorney Scott George had a meeting with the students and the teachers two weeks ago. She is working on a draft ordinance that only deals with signage where the City can regulate the height of signage on the vaping products so they are not at eye level for a younger person. City Attorney Segal-George asked the Commission's permission to take the draft ordinance before the ORC (Ordinance Review Committee) in March and the Commission concurred. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: Commissioner Bradford stated she agreed with Ms. White in reference to the last workshop and she suggested to move the meeting to the Commission Chambers when there is a lot City of Deltona Page 19 Printed on 2/26/2020 City Commission Minutes February 17, 2020 of people in attendance because it was a safety issue. She wished everyone a good nights sleep. Commissioner Nabicht stated he wanted some answers. He asked who authorized Mayor Herzberg to speak to Amazon and the developers about the incentive package when the only Commissioner who signed a nondisclosure agreement and was crucified about it was Commissioner Bradford. The Mayor sits on the board for Team Volusia and it is rather amazing that she goes to the table to negotiate or have discussions with them about the incentive package. He asked who authorized the Mayor to do that because this Commission did not. Mayor Herzberg replied the Commission did not authorize anyone to sign a nondisclosure agreement either. If the Commission wants to have this discussion this even she will, it has been a long evening and she asked if the Commission wanted to hear the conversation. Mayor Herzberg asked if any of the other Commissioners had any Commission Comments and they did not. Mayor Herzberg stated she sits on the board of Team Volusia and as everyone knows when economic development comes to any City representatives of those companies ask to meet with the county chair and the Mayor which is not unusual. She was asked, not only as an executive board member of Team Volusia but, as the Mayor of Deltona to attend a meeting to meet the representative of the company which nobody knew who it was, she certainly did not and it was a shock to her that Commissioner Bradford was told about the project on June 10th which was five days after Ms. Shang had her voter registration issue brought up. Economic Development Manager Jerry Mayes at the authorization of Ms. Shang talked to Commissioner Bradford about some big project coming to the City. She did not hear about it until a county representative texted her a month later and said there were going to be really important site plans are going to be filed. So she called City Hall and everyone freaked out that she got wind of a site plan, that she got a text from somebody from the county and that was one month after Commissioner Bradford was told there was a big project coming. She asked about the project because she received the text and nothing was said until October. In October the City Manager got a team together that met with the developer regarding the site plan and she was not part of any of that, she had no idea what was going on. Again, not knowing that a member of the Commission had been asked to sign a non-disclosure agreement but, none of the rest of the Commission had signed one. So as time when on a representative of the company came down, she was asked to go to a meeting at Team Volusia with prior City Manager Shang, Mr. Mayes, members of Team Volusia, an attorney and representatives from the company. She sat in the meeting, she introduced herself and she did not say a whole lot. She watched the conversation go on, some things were said by a City staff member that made some people uncomfortable and some of that had to be corrected later on. Up to that point she had no idea what negotiations had gone on because she was not part of anything. She went to a Legislative Delegation meeting and somebody came up to her expressing concern that the City is not participating in meetings, the City is now starting to pull back on some things, and meetings have to be done because the one thing that the City did do is promise the efficiency in the City of Deltona Page 20 Printed on 2/26/2020 City Commission Minutes February 17, 2020 development. It was all internal and she had no idea about any of it. Now someone tells her that the City is not responding to meetings so she called prior City Manager Shang and told her she did not know what meetings the manager was having but, that she was being setup. It was a little concerning to the people who were involved in this, not only the City but, the county, Team Volusia, the company, Duke Energy, multiple factors. So as time goes on these meetings are supposed to get scheduled, this one particular meeting was supposed to get scheduled and she was asked to be in that meeting and she went. That is how she got involved she was asked by the county and Team Volusia but, above all a representative of the company that ended up coming to Deltona. They asked Team Volusia that she be at the meetings and that is how it came about. Commissioner Nabicht questioned if the Mayor did not think that it was important at any point to disclose that or have a conversation with the rest of the Commission. Mayor Herzberg replied prior City Manager Shang, Mr. Mayes and members of the county were there. Prior City Manager Shang brought up why the Mayor was in the meeting and it was clarified that a representative from the company had requested she attend, she sat in the meetings. Commissioner Bradford asked why the representatives asked her to attend the meetings and Mayor Herzberg replied because the negotiations were going down hill at a high rate of speed. Commissioner Nabicht stated he thinks the story goes differently than how the Mayor told it. He thinks the story went more like a member of Team Volusia up front promised the client an incentive package and enticed them with that incentive package. When City Attorney Segal-George and prior City Manager Shang went in to do what this Commission directed them to do which was to negotiate that incentive package. When they started asking questions a member of Team Volusia got frustrated. The question was asked by City Attorney Segal-George to the member of Team Volusia who she worked for and she said the client, the City pays Team Volusia. Mayor Herzberg replied she was at that meeting and that is not how it went down. Commissioner Nabicht stated then the Mayor was contacted and told to pull the City Attorney and prior City Manager out and you (the Mayor) went in and negotiated that incentive package. Mayor Herzberg replied that is absolutely not true, Commissioner Nabicht is hearing the story from the prior City Manager. Commissioner Nabicht stated he would like to have this investigated and Mayor Herzberg replied he could have anything investigated that he would like to have investigated, feel free. Commissioner Nabicht stated the Mayor tried to do it again tonight, she tried to tell who should be hired as the Interim Deputy City Manager. That is not her position, she is a figure head, she runs these meetings and she has no more power than the other Commissioners. Mayor Herzberg replied that is true. Commissioner Nabicht stated for the Mayor to be at those meetings and involved with those conversations without at least disclosing it at some point to the Commission, that stinks. As far as the contract goes with Team Volusia, they have no oversight by anybody and they are an organization. Mayor Herzberg replied a public/private partnership. Commissioner Nabicht stated in all their financial records there is nothing discoverable about those records and Mayor Herzberg replied yes it is there is a public City of Deltona Page 21 Printed on 2/26/2020 City Commission Minutes February 17, 2020 budget. Commissioner Nabicht questioned when the Commission send people to negotiate and no negotiation takes place, the City gives a $2.5 million incentive package where the Mayor was at the table and staff that was supposed to be at the table was not involved in that negotiation, that is problematic. Mayor Herzberg replied that is not true and Commissioner Nabicht replied well there is four people that say differently. Mayor Herzberg suggest Commissioner Nabicht look at the incentive package that was asked for by the company and in prior discussion the incentive package that was on the website is what the company asked for and indicated long before her. She did not get involved in that at all and was only told about this when negotiations was going so far down hill that the project was ready to walk. The concern was not only from Volusia County, it was from every stakeholder that was involved that because of Ms. Shang and her negotiations of trying to negotiate economic incentives on how many parking spaces were platted and how many jobs were going to be there. This is what she heard, she was not there, just like Commissioner Nabicht heard his version of the story. Commissioner Nabicht stated but that was the direction given by the Commission, for Ms. Shang and City Attorney Segal-George to go in and negotiate those incentives and you (Mayor) were not directed to go in an participate in that by anybody. Mayor Herzberg replied she sat in the meetings and Commissioner Nabicht replied for the Mayor to stick to that story. Mayor Herzberg stated you (Commissioner Nabicht) to sir, stick to whatever story he has and that he can go ahead and investigate whatever he was told but, she can also tell him that he is also an equal member of the Commission who has had the privilege of having Ms. Shang be a good friend to you (Commissioner Nabicht) and he knows that. Commissioner Nabicht replied he gets the privilege of being able to make a logical argument. The Vice Mayor was mad as a wet hen on Saturday or whatever day the Commission came in here and he convinced the rest of the Commission to not award the incentive package until the Commission had a name to go with it and she was furious. So his ability to be able to make his case with the prior City Manager or the rest of the Commission she (Mayor) wants to hold against him and Mayor Herzberg replied absolutely not. Mayor Herzberg stated she knew what had transpired, she knew that when Commissioner Nabicht began his discussion which way it was going to go and that was fine. That was Ms. Shang's insistence that the name be brought out and Commissioner Nabicht replied that had nothing to do with Ms. Shang, it was Elbert Bryan and some of his posse that comes here diligently to every meeting and told the Commission they were holding them accountable for the incentive package and they wanted to know who it was, on that issue he agreed with them. Do not say that he had Ms. Shang in his hip pocket because that is not the case and Mayor Herzberg replied she did not say that. Commissioner Nabicht replied yes she did, she said he got what he wanted from her. Mayor Herzberg replied she never said that and Commissioner Nabicht replied that is what she is implying, she wants to mix words, this is not about Ms. Shang who is gone and it is water under the bridge, it is over with. The problem is that the Mayor needs to learn her place as Mayor which is running these meetings and being a figure head at events. It is not taking a strong Mayor role, that is not the form of government the City has and that man right over there is the man in charge pointing to Interim City Manager Dr. Cooper. The Commission gives him direction and he executes. Mayor Herzberg stated she hopes that Commissioner Nabicht also learns that he cannot dictate to the City Manager who they should hire and fire, she has no more comments. City of Deltona Page 22 Printed on 2/26/2020 City Commission Minutes February 17, 2020 15. ADJOURNMENT: There being no further business, the meeting adjourned at 11:36 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 23 Printed on 2/26/2020