APRIL 15, 1997 7:00 PM

REGULAR CITY COMMISSION MEETING

HELD AT CITY HALL COMMISSION CHAMBERS

 

Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David L. Schecter, Ed Kelley, Carl G. Persis, City Manager Eugene Miller, City Attorney Fred S. Disselkoen, and City Clerk Veronica Patterson.

A G E N D A

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Reverend Thomas Sublett, Grace Lutheran Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the April 1, 1997, meeting.
  5. PRESENTATIONS:
    1. Presentation of United Way Awards to City Employees.
    2. Main Street Submittal of Business Development Proposal.
    3. Florida International Festival Presentation by Dave Slick.
  6. AUDIENCE REMARKS:
  7. CONSENT AGENDA:
    1. Resolution No. 97-61 authorizing the purchase of a mower for athletic field maintenance from Tresca Industries under a bid solicited by the United States Air Force; authorizing the execution and issuance of a Purchase Order therefor and payment thereunder. ($33,049.00)
    2. Resolution No. 97-62 relative to the Ormond Beach Municipal Airport, authorizing the execution of a Supplemental Joint Participation Agreement No. 1 between the City and the Florida Department of Transportation for the funding of the construction of an airship hangar facility.
    3. Resolution No. 97-63 approving a contract for the sale and purchase of Lot 24, Airport Business Park, Phase I. (Betnr Construction - $104,000)
    4. Resolution No. 97-64 consenting to a Sublease between Ormond Beach Child Development Center, Inc., and United Child Care, Inc., of certain space at 150 South Washington Street, subject to certain conditions.
    5. Resolution No. 97-65 approving the Community Development Block Grant Annual Plan for the 1997-98 Fiscal Year and the Five-Year Community Development Block Grant Program Schedule for the 1997-98 through 2001-02 Fiscal Years.
    6. Resolution No. 97-66 authorizing the execution of a contract for the sale and purchase of a certain vacant parcel of real property; declaring said parcel to be surplus property; authorizing the conveyance of the said parcel to Halifax Habitat for Humanity, Inc.; establishing terms and conditions of the conveyance. (Bernice Kinsey - Lot 46 Willow Place, $4,900.00)
    7. Resolution No. 97-67 authorizing the execution of a Scoreboard Agreement between the City and Florida Coca-Cola Bottling Company d/b/a Daytona Coca-Cola Bottling Company, for the provision of four softball scoreboards at the Airport Recreation Complex.
    8. Resolution No. 97-68 authorizing the execution of a Third Amendment to the Retainer Agreement between the City and Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., for the provision of services as special counsel in workers' compensation matters.
    9. Resolution No. 97-69 authorizing the execution of an Amended Service Agreement regarding the revitalization of the Ormond Beach Main Street district.
    10. Resolution No. 97-70 amending the Pay and Classification Plan; setting forth effective dates of amendments and of resolution.
    11. Resolution No. 97-71 accepting a proposal to provide the engineering services necessary to the reconstruction of four (4) City streets; rejecting all other proposals; authorizing the execution of a Work Authorization and payment therefor. (McKim & Creed - Not to exceed $45,781.00)
    12. Resolution No. 97-72 accepting a bid to reconstruction a portion of Airport Road; rejecting all other bids; authorizing the execution of deductive Change Orders; reserving rights and authorizing actions. (Halifax Paving, Inc. - Not to exceed $247,345.40)
    13. Resolution No. 97-73 accepting a proposal to provide the engineering services necessary to the construction phase of the reconstruction phase of a portion of Airport Road; rejecting all other proposals; authorizing the execution of a Work Authorization and payment therefor. (Zev Cohen & Associates - Not to exceed $26,050.00)
  8. PUBLIC HEARINGS:
    1. Resolution No. 97-74 authorizing the execution and issuance of a Conditional Use Permit to allow the installation of two (2) wall signs, each approximately thirty-five (35) feet above grade, on the east and north sides of the tower located on the north end of the "Sleep Inn" Hotel located at 170 Williamson Boulevard; establishing conditions and expiration of approval.
    2. Ordinance No. 97-16 amending Section 15-15(B) of the Code of Ordinances by providing that the City Commission shall establish the opening and closing times of City parks by resolution. (Second Reading)
  9. FIRST READING OF ORDINANCE No. 97-17 relative to wrecker services in residential areas, amending Section 2.06 of the Land Development Code by amending Paragraph B4 thereof to clarify the exception to the prohibition of such parking. (First Reading)
  10. RESOLUTION No. 97-75 establishing opening and closing times for City parks, recreational and cultural facilities.
  11. DISCUSSION to consider an appeal of the Planning Director's interpretation of the Land Development Code regarding lot frontage. (33 Seville Street)
  12. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
  13. Close the meeting.

Item #1 - Call to Order

Mayor Hood called the meeting to order at 7:00 PM.

Item #2 - Invocation

The invocation was given by Reverend Thomas Sublett, Grace Lutheran Church.

Item #3 - Pledge of Allegiance

Mayor Hood led in the Pledge of Allegiance.

Item #4 - Approval of Minutes

Mayor Hood advised the minutes of the April 1, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

Commissioner Schecter moved, seconded by Commissioner Persis, to approve the minutes as submitted.

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #5(A) - Presentation of United Way Awards to City Employees

Mr. James Ryan, Volusia County Emergency Management Director, representing the United Way, recognized Mayor Dave Hood, Chief Bob Stewart, Liviston Edwards, Charles Gleason, William R. Joyce, III, Jozelle Polite, Morris Sims, and Craig Wood for their leadership in support of our community...the United Way. He stated the United Way provides a tremendous degree of service throughout the community, and it is through the leadership efforts, such as those of the City's employees, that make the United Way the success that it is. Mayor Hood asked Mr. Miller to send a letter, on behalf of the City Commission, to the employees expressing gratitude for their support of the United Way.

Item #5(B) - Main Street Submittal of Business Development Proposal

Mr. G.G. Galloway, President of the Ormond Main Street Board of Directors, stated that a Traffic and Land Use Improvement Study was conducted in 1976, as was the Granada Boulevard Master Streetscape Plan that was amended in 1986, and he stated input on that Plan was received from the members of the Downtown Improvement Board and Beautification Board. He stated in 1995, the Downtown Revitalization Task Force was formed to establish a vision for the downtown area, and Ormond Main Street, Inc., was formed as the vehicle to create a thriving downtown business district with an identifiable appearance along the Granada Corridor from A1A to Orchard Street. Mr. Galloway stated a market study has been conducted along with a report regarding traffic and parking for the business district. He reported that this Business Development Proposal states that now is the time for the true leadership of our community to come forward from the government, elected officials and the private sector to address the areas along Granada Boulevard from A1A to Orchard Street. Mr. Galloway stated that with the submittal of this Proposal, Ormond Main Street is asking for the Commission's support in directing the City staff to re-address the Streetscape Plan. He stated there are key items identified in the plan that have not been addressed, either through a lack of commitment, both from the private and public sector, or lack of funding.

Mayor Hood asked Mr. Galloway if he was aware of the City Manager's recommendation with regard to soliciting a Request for Proposal for public/private development projects, as well as updating the 1986 Streetscape Plan. Mr. Galloway stated Ormond Main Street strongly supports those recommendations.

Commissioner Schecter expressed appreciation for the hard work and dedication of the Board members who serve on a volunteer basis.

Commissioner Boyle stated the Proposal mentions the enhancement of A1A and portions of West Granada Boulevard and asked if the Board is recommending that landscaped median islands be installed.

Mr. Galloway stated specific recommendations were not made in the Proposal; however, it is suggested that a staff priority be to place the same emphasis on the area from Orchard Street to A1A as the enhancement programs now being implemented on Granada Boulevard from Nova Road to I-95 and the projected enhancement at the A1A/Granada and US#1/Granada intersections. He suggested that the landscaping at both those intersections be continued around the corner and down Granada Boulevard approximately 100 yards thereby leaving only 100 to 200 yards on Granada Boulevard on either side of the bridge for the City to address.

Commissioner Boyle stated meetings were held with traffic consultants and State transportation representatives where it was determined that the optimum speed limit to move the most traffic along Granada Boulevard is 30 mph, and he questioned if Main Street had taken any formal action to request that the speed limit be reduced from 35 mph to 30 mph. Mr. Galloway stated the Board discussed the speed limit issue and recommended that a traffic engineer address traffic calming to 30 mph. Mr. Galloway stated this item should be addressed in the master plan.

Commissioner Kelley expressed appreciation to the Board members for serving in this capacity and stated he supported the Board's efforts as long as the City does not commit a tremendous amount of money for beautification and landscaping the downtown area to try to attract business. He stated the regulations and restrictions governing development in the Main Street area are too stringent and he suggested that they be re-evaluated. He questioned the accomplishments achieved with the $9 million already allocated for the Streetscape Plan, and the status of TIF money if it were not for the development of the Ormond Heritage Condominium. He expressed opposition to reducing the speed limit on Granada Boulevard and stated slowing traffic is not going to create business if there is not already a viable business in the area. Commissioner Kelley stated consideration should be given to the following downtown area issues: the vacancy rate, what will attract people, and what will cause someone to improve their business. He stated he is in favor of pursuing public/private ventures.

Mr. Galloway stated that, with respect to the $9 million figure mentioned by Commissioner Kelley, approximately $6 million was allocated to the City Hall and Library, so the enhancement has not all been put into the infrastructure of the Main Street area. He stated the tax base that is derived just from the core downtown area is 7½% of the entire tax base of the City.

Commissioner Kelley stated that downtown Daytona Beach does not require the same facade on the fronts of all buildings, and businesses are allowed individuality. He stated for downtown Ormond Beach to be successful, the City has to be customer friendly to those people who want to make improvements to their businesses. Mr. Galloway agreed that the City should be more flexible in that special tax district.

Commissioner Persis stated he fully supported the City Manager's recommendation and he expressed appreciation to everyone who served on the Board, especially to Mr. Galloway for his leadership.

Mayor Hood complimented the Board, and by consensus of the Commission, he directed that a resolution adopting the City Manager's recommendations be prepared.

Item #5(C) - Florida International Festival Presentation by Dave Slick

Mr. Dave Slick, 322 John Anderson Drive, representing the Florida International Festival, stated the Festival brings The London Symphony Orchestra to the greater Volusia County area every two (2) years and has had great success on a local level at the City's Performing Arts Center. He stated the Festival has a very unique history and explained that in 1966, several community leaders sent letters to orchestras across the world trying to entice them to come to our community. He stated The London Symphony Orchestra was struggling at the time and agreed to perform; they have been performing in the area ever since. Mr. Slick requested that the City allocate the same funding as it generously contributed two (2) years ago in the amount of $5,000.00. There being no objections by the Commission, Mayor Hood asked that a resolution be placed on the next agenda allocating funds to the Florida International Festival.

Item #6 - Audience Remarks

Proposed Fee Increase - Performing Arts Center

Ms. Debra Sands, 87 Kenilworth Avenue, representing the Children's Music Theater, stated an item relative to proposed fee increases is scheduled for the May 20, 1997, City Commission meeting, and she expressed concern about these increases. Ms. Sands requested the opportunity for representatives of the Leisure Service facilities user groups to meet with staff representatives to discuss the proposed figures prior to the May 20th meeting. She stated certain privileges that have been enjoyed in the past have been taken away, and additional charges are being incurred with every show. Mayor Hood asked staff to meet with Ms. Sands and others to discuss the figures and operational problems being experienced. He invited Ms. Sands to voice her concerns at the May 20, 1997, meeting.

Retirement of Ted Kramer, Airport and Economic Development Manager

Ms. Mary Peine-Lemay, 60 Cumberland Avenue, stated that at the close of business this week, the City of Ormond Beach will be reducing its staff by one (1) through the retirement of Mr. Ted Kramer, Special Assistant for Airport and Economic Development. She stated Mr. Kramer has improved the quality of life for so many in the community by assisting those who are unable to afford to repair their homes through the Community Development Block Grant program. She stated during his tenure, the Airport Recreation Complex has been developed so that young and old may enjoy organized team sports in professional surroundings. She stated the airport has grown just as our City has, and Mr. Kramer has nurtured a working relationship with the FAA which has enabled the City to obtain funding to assist with the airport's expansion. Ms. Peine-Lemay stated the Airport Business Park is in its second phase, and Mr. Kramer has accomplished the City's goals to bring clean industry to the business park, with his latest project, WDL Airships from Germany, bringing the City into the eyes of the worldwide aviation community. She stated it is because of Mr. Kramer's many accomplishments, that the citizens of Ormond Beach salute and thank him for taking pride in working for the City of Ormond Beach. Mayor Hood asked that a proclamation be prepared calling his retirement day "Ted Kramer Day."

Item #7 - Consent Agenda

Mayor Hood advised the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of the Consent Agenda.

Call Vote: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #8(A) - Conditional Use Permit - Sleep Inn Hotel

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously.

RESOLUTION NO. 97-74

A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF TWO (2) WALL SIGNS, EACH APPROXIMATELY THIRTY FIVE (35') FEET ABOVE GRADE, ON THE EAST AND NORTH SIDES OF THE TOWER LOCATED ON THE NORTH END OF THE "SLEEP IN" HOTEL LOCATED AT 170 WILLIAMSON BOULEVARD; ESTABLISHING CONDITIONS AND EXPIRATION OF APPROVAL; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-74, as read by title only.

Call Vote: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes

Item #8(B) - Relative to Parks

Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously.

ORDINANCE NO. 97-16

AN ORDINANCE AMENDING SECTION 15-15(B) OF THE CODE OF ORDINANCES BY PROVIDING THAT THE CITY COMMISSION SHALL ESTABLISH THE OPENING AND CLOSING TIMES OF CITY PARKS BY RESOLUTION; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-16, on second reading, as read by title only.

Commissioner Kelley questioned the different closing times of the various parks, particularly the closing time for Fortunato Park. Mr. Disselkoen advised this ordinance gives the City Commission the authority to establish the opening and closing times of City parks. He stated the specific park-by-park hours are addressed in a resolution to be considered later on the agenda.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

Item #9 - Relative to Wrecker Services

ORDINANCE NO. 97-17

AN ORDINANCE RELATIVE TO WRECKERS IN RESIDENTIAL AREAS; AMENDING SECTION 2.06 OF THE LAND DEVELOPMENT CODE BY AMENDING PARAGRAPH B4 THEREOF TO CLARIFY THE EXCEPTION TO THE PROHIBITION OF SUCH PARKING; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-17, on first reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #10 - Opening and Closing Times for City Parks, Recreational and Cultural Facilities

RESOLUTION NO. 97-75

A RESOLUTION ESTABLISHING OPENING AND CLOSING TIMES FOR CITY PARKS, RECREATIONAL AND CULTURAL FACILITIES; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-75, as read by title only.

Commissioner Kelley expressed opposition to closing Fortunato Park at 9:00 p.m., especially in the summer months, and stated the closing time limits the use of the park by the citizens. He stated Fortunato Park is the most visible and easily policed park within the City, and he recommended the hours be extended during the summer months.

Commissioner Kelley moved, seconded by Commissioner Schecter, to amend the resolution so that Fortunato Park is opened until sunset or 9:00 PM, whichever is later.

Commissioner Boyle moved to make the closing of Fortunato Park at sunset year round. He stated he is apprehensive about that particular location in the community, and the residents in the vicinity have expressed concern about what may happen in that park after dark. He stated that when the 9:00 PM closing was first discussed, it was anticipated that a restaurant and concession stand would be open on site; however, those plans were denied. Commissioner Boyle' motion failed for lack of a second.

Call Vote on the amendment: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle no
carried. Mayor Hood yes

Commissioner Persis questioned how difficult it would be to amend park hours after this resolution is approved if a park's hours are found to be a problem. Mr. Disselkoen advised an amendment to park hours would require only one (1) reading of a resolution.

Call Vote on the Resolution: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes

Item #11 - Appeal of Planning Director's Interpretation of the Land Development Code Regarding Lot Frontage - 33 Seville Street

Mayor Hood advised the applicant has requested continuance of this item to the May 20, 1997, City Commission meeting.

Commissioner Schecter moved, seconded by Commissioner Kelley, to continue the appeal regarding 33 Seville Street to May 20, 1997.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

Item #12 - Reports, Suggestions, Requests

American Indian Festival

Commissioner Boyle stated over 11,000 patrons attended the recent American Indian Festival held on The Casements and Rockefeller Park grounds, and he has heard rave reviews from citizens, particularly from teachers and students. He thanked the Casements' staff for their meticulous planning of this successful event.

Summer Dress Code

Commissioner Boyle formally requested that casual attire be permitted during the summer months of June, July and August, and that polo styled shirts with the City logo be approved for those City Commission meetings. There being no objection, Mayor Hood stated the proposal is approved.

Black College Reunion

Commissioner Schecter commended Chief Bob Stewart and Mr. Ted MacLeod and their respective departments for the preparation and efforts regarding Black College Reunion. He stated he received a positive comment from a resident that their street was cleaned up immediately after the Reunion and traffic was monitored to not allow through traffic, and he did not receive one (1) negative complaint.

Certificates of Public Convenience and Necessity

Commissioner Schecter stated a resolution has been placed at the dais expressing the Commission's support of the Port Orange, Deltona, and Daytona Beach application to the County of Volusia for Certificates of Public Convenience and Necessity for the provision of emergency medical transportation services through their respective municipal fire departments. He stated the County currently has put into place a system for EVAC which is nothing more than a guaranteed monopoly for this private company, when in effect, cities are finding that municipalities can provide the necessary immediate emergency care better and quicker. Commissioner Schecter stated that pursuant to the Rules of Parliamentary Procedure adopted in 1996, and according to the "Thompson Rule," the Commission may take formal action on this resolution, but only by an affirmative vote of two-thirds of the total membership of the City Commission, i.e., four (4) affirmative votes are required to adopt the resolution. He stated the rush for action to be taken is due to the fact that the County Council meets May 1st to discuss this issue, and this is the last City Commission meeting before that date. He stated that approving the resolution would be a positive move because Ormond Beach may eventually apply to the County for a Certificate of Public Convenience and Necessity and will look for support from its "sister cities" as well. Commissioner Schecter thanked Mr. Disselkoen for preparing the resolution on such short notice, and he stated there are several members in the audience who may wish to speak on this issue.

Commissioner Schecter moved, seconded by Commissioner Boyle, to approve the resolution.

Commissioner Kelley stated he could not support this resolution at such late notice, and if the cities who are applying receive approval, then the road will be paved for future applicants.

Mr. Eugene Miller, City Manager, stated that at recent workshops the Commission has taken a position in favor of some type of merger or functional consolidation of fire and emergency services on a comprehensive basis. He distributed copies of a letter he had written to Mr. Carey Smith, Daytona Beach City Manager, dated September 5, 1996, in response to Mr. Smith's inquiry as to the City's position regarding emergency services transport. Mr. Miller stated his response had the endorsement of the City Commission, and he read the following excerpt: "It seems to us this would merely expand and perpetuate overlapping and duplication of governmental services. We would, however, be interested in pursuing an analysis of the feasibility of County-wide Fire and Emergency Medical Service (EMS) operations to include emergency service transport. If such an analysis is determined to be too encompassing at this time, perhaps such an analysis could be limited to East Volusia urbanized areas." Mr. Miller stated that from the professional viewpoint of those in the fire service, there seems to be much momentum and an effort to unite, as evidenced in the recent applications for Certificates of Public Convenience and Necessity. He stated one (1) critical view is that this is an effort to fragment that service, and he encouraged joining other municipalities in making logic out of providing fire and emergency services through a review that would focus on the quality of fire and rescue services and not just focus on costs. He stated any knowledgeable fire service professional will not take very long to conclude that emergency service can be handled better in Volusia County, and it is time to come forward with the leadership to make that work. He recommended that the Commission not specifically endorse this resolution, but instead, go a step further and ask the County Council and other municipalities to join together in a unified effort to put logic behind the delivery of this professional service on a county-wide basis.

Commissioner Schecter stated Mr. Miller made good points in reference to the quality of service, and he stated that the quality of service is the impetuous for the other cities to proceed with their Certificate of Necessity requests. He stated that Mr. Miller's comments were not against the resolution, but actually support the resolution in a sense that these cities are not waiting for the County to come together in a unified effort on this issue. Commissioner Schecter stated the letter to Mr. Smith indicates the County's reluctance to deal with any type of alternatives to the current private monopoly that is in place. He stated the City has an opportunity to help out its sister cities with their Certificate of Necessity applications, and he encouraged the Commission to go on record as supporting that. He stated that, hopefully, this matter will come back to the City in the very near future for support; and when Ormond Beach supports other municipalities, that support will be returned to the City. Commissioner Schecter stated that until cities have a chance to gain some control of these services, the County will not be willing to come to the table to talk long range or county-wide provision of service.

Mayor Hood stated the argument to adopt this resolution to help sister cities is the logic that has infected and fragmented our community for too long. He stated that while he does not particularly concur with the way that the County has set up EVAC, it is somewhat selfish and will defeat the overall goal if cities fragment this situation as opposed to looking at it globally. He stated during several Volusia Council of Government meetings he has requested financial analyses that show that the same services can be provided at a lower cost by the cities than by EVAC, and if they can provide the service more inexpensively, how that would affect the outlying County areas. He stated that to date that data has not been provided. Mayor Hood stated the Commission, as policy makers, must consider that this issue impacts everyone in the surrounding cities. Mayor Hood stated his reason for voting against this request is not based on whether or not he disagrees that Daytona Beach, Deltona or Port Orange should be provided Certificates, but because no one has yet provided a detailed financial analysis that indicates that these services can be provided at a lower cost, and secondly, if that is true, that it is the best thing from a policy perspective for the entire County to take that position. Mayor Hood stated that fire services as designed in this County have created overlapping jurisdictions and fire stations located on the border of other jurisdictions to which they do not serve, and even though there are interlocal agreements, each one of these systems has its own bureaucracy and administrative function. He stated it is time to suggest to the Volusia Council of Governments that all cities meet to review the overall delivery of EVAC and fire fighting services and to determine if there is a more consolidated, cost efficient basis for providing these services to everyone in the County. He stated with his vote in opposition, as well as Commissioner Kelley's, this point is moot because of the majority vote required to take action on the resolution.

Commissioner Schecter asked that the public be allowed to speak on this matter, and if there are not four (4) affirmative votes for approval of the resolution at the conclusion of the discussion, that the item be placed on the next agenda for discussion.

Commissioner Kelley disagreed with the fragmentation of fire services within the County. He compared this issue with the Volusian Water Alliance which now has every water user in the County planning and discussing water uses for the future. He stated it took years to accomplish this; however, the Alliance is finally making strides toward unification.

Commissioner Schecter stated the County is not willing to give up the monopoly they have built, which pays them handsomely; whereby, Mr. Miller stated that he has found Mr. Larry Arrington, Volusia County Manager, to be very cooperative, understanding, and interested in eliminating fragmentation and overlapping of services. Mr. Miller stated that area city managers can relate to the logic of some type of county-wide or broad-area approach to fire and emergency medical services, including transportation. He stated that Mr. Arrington does not approach this topic on the basis of Volusia County maintaining a monopoly, and he is interested in providing the very best fire and rescue service. Mr. Miller stated that by keying in on the momentum and timing that this issue is bringing forward, Ormond Beach can seize the opportunity to address this issue on a consolidated basis. He stated he endorsed the type of efforts to try to get together and do things better; however, he stated he is afraid that this resolution will, as other well-intentioned efforts have, end up with further fragmentation, overlapping, and conflicts which will have a negative result.

Mr. Jim Shaw, Ormond Beach Firefighter, stated the three (3) cities applying to the County for Certificates of Necessity should be commended. He asked if the decision is not to approve the proposed resolution, that a letter of support be provided recommending that the County give due consideration to the cities respective applications for a Certificate of Public Convenience and Necessity. He stated that efforts have failed to accomplish a plan on a more grand scale, and he suggested taking smaller steps to reach the higher goal. He stated he hoped this issue would not be side-stepped on the sole basis of trying to show consolidation as the goal. Mr. Shaw stated this is not a new concept, and cities across Florida and the nation are providing this service with very beneficial results. He stated this program would allow the public servants to provide a much higher level of service, would benefit the citizens and would generate revenue for each respective municipality. He stated that revenue could be used to augment the ever-growing cost of providing emergency services while keeping taxes down. He stated the firefighters of these respective departments have without question shown the ability to save lives and reduce disability as mentioned in the proposed resolution and letter of support. Mr. Shaw stated that he and his colleagues are of the opinion that if Ormond Beach is not willing to be on the forefront of said improvements, it should at the very least, support the actions of other municipalities, if for nothing else than to observe their efforts and possibly learn from any mistakes made or avenues taken. He stated these services are the future, and it is not a question of if, but when, Ormond Beach will join the ranks of these proactive departments. Mr. Shaw stated there have been several studies performed on this concept, and they overwhelming show the need and the benefits of these programs. He stated that even though other area cities are moving forward with these efforts, Ormond Beach will stand to gain the most from such a move from a economical standpoint, since EVAC has shown that the collection rate in Ormond Beach is higher than any other municipality in the area. Mr. Shaw summarized that firefighters can provide these services to the public quicker and less expensively than any other monopoly having a stronghold on the area. He stated it must be realized that whether it be in resolution or letter form, this would be only a recommendation to the County to consider these departments efforts and would in no way legally bind or commit the City to any action of its own. Mr. Shaw stated there has been a push to make fire departments more efficient and productive, and this program will allow firefighters to further serve the citizens and increase the productivity of the fire department in a beneficial and reasonable way.

Mayor Hood asked if Mr. Shaw could provide a financial analysis that would indicate the exact costs for Ormond Beach to provide this service versus what our revenue stream would be, and if the analysis shows a profit or loss. Mr. Shaw stated he did not have that information with him; however, his statement is based upon what is known among fire department personnel. He stated the City has two (2) hospitals that directly receive, whereas other cities would have to transport out of their city limits to access a hospital. Mayor Hood again requested facts that support the statements that Ormond Beach can raise the quality of service to its citizens, and that it makes financial sense to provide medical transport. Mr. Shaw stated that the City of Daytona Beach and the Volusia County Firefighters' Council have prepared financial analyses, to which Mayor Hood asked that the information be provided. He reiterated that at the last Council of Mayors meeting, no information could be produced that showed the financial analysis of whether the quality of service would be increased at a cost that is a benefit to the community. Mayor Hood stated when this item is discussed at the next agenda he would like to have the financial information available, to which Mr. Shaw stated he would make every effort to provide the information by the next meeting. Mr. Shaw stated he did not want to side-step the issue tonight, which is a request to support the cities who have applied to the County for a Certificate of Public Convenience and Necessity.

Commissioner Schecter clarified that this discussion addressed the request to approve a resolution of support, and the reason for requesting that this item be placed on a future agenda is so that the financial analysis can be provided and to learn what occurs with the applications at the May 1, 1997, County Council meeting.

Mayor Hood stated he has made it clear what analysis he wants provided, and if the facts support the statements made, then he has an open mind to consider providing medical transport.

Mr. Paul Skinner, Daytona Beach Fire Chief, in response to earlier comments made throughout the discussion, stated that EVAC service is already fragmented and offers three (3) distinct levels of service throughout the County. He stated their response zones are broken into urban, suburban and rural areas, and the response times and performance requirements within those times are very different. Chief Skinner stated that the municipalities in the County produce the vast majority of the transport revenue that EVAC collects, and that revenue is used to subsidize service in the unincorporated areas where there is very little demand for that service, so that, in effect, the cities subsidize the unincorporated areas. Chief Skinner stated that residents choose the level of service by where they live and pay for those levels of service through taxes. He stated a considerable financial analysis has been performed by the City of Daytona Beach, and he has carefully studied the proposals submitted by Deltona and Port Orange. He stated last Friday the City of Daytona Beach filed a formal request application with the County Council; however, it was not received by the agenda deadline and is not scheduled for the May 1, 1997, meeting. Chief Skinner stated the City of Daytona Beach is approaching this topic as a matter of choice. He stated no city has to ask for a Certificate of Public Convenience and Necessity, and no city has to go in to the transport business; however, currently no city in Volusia County has a choice. He stated if Ormond Beach supports the applications made by the other cities and the County Council rules in their favor, then every city in Volusia County will have a choice, as they have in nearly every other county in Florida. Chief Skinner stated that, based on the financial analysis, transport will support itself in the City of Daytona Beach, and discussion is being held with Port Orange about a mutual aid agreement for transport for outlying areas, such as South Daytona. He stated the City of Daytona Beach is not interested in "pulling the rug out" of transport in Volusia County; however, he stated his department can provide a high level of transport service in a self-sufficient manner, based on revenues from that service exceeding expenditures.

Commissioner Kelley clarified that Ormond Beach residents pay less taxes than if they lived in the County. Chief Skinner stated Ormond Beach is doing a remarkable job of providing good services at a lower tax rate, and he apologized if he misstated that fact.

Mr. Rusty Case, a member of the Ormond Beach Firefighter Department; and representing the Volusia County Firefighters' Council as the Chairman of their Consolidation Committee, stated the Council supports individual city's efforts to enhance the services they provide their citizens. He stated the first and foremost concern of an elected body is to serve its constituents in the best way possible, and the cities of Port Orange, Deltona and Daytona Beach have requested the support of the City of Ormond Beach in what they believe is the best way possible to serve their constituents. He stated the Volusia County Firefighters' Council supports this effort on a local basis, and on a global basis as referred to earlier, the Council also supports the possible consolidation of services. Mr. Case stated the Council shares Mr. Miller's opinion that Ormond Beach take the lead step in this effort. He stated the Council attempted to form a Consolidation Study Committee, with emergency medical service transport being a portion of that study; however, the Committee failed because there was very little support from the various governmental agencies. He urged action be taken immediately to correct the current medical transport situation.

Mayor Hood stated that each time this issue has been brought up by the Volusia Council of Governments, it has failed because of lack of support from the firefighters; whereby Mr. Case stated if it is handled correctly, the firefighters would support this effort. Mayor Hood asked Mr. Case to provide a letter stating that the Volusia County Firefighters' Council supports the aforedescribed action, which he will present to the Volusia Council of Government for discussion.

Mr. Miller stated, with the impetuous now being brought forward to the County Council to do something, it would make him proud for Ormond Beach to take the leadership for a comprehensive review of the entire area fire and emergency response. He suggested a positive letter or some type of communication to the County to get this comprehensive review started rather than to approve or disapprove the proposed letter of support.

Mayor Hood stated that Commissioner Schecter has requested approval of the letter of support so the Commission must take a vote; however, if Commissioner Schecter would like to take the approach indicated by Mr. Miller and withdraw his request for a vote, the Commission could consider that issue.

Commissioner Schecter thanked Mayor Hood for his patience on this issue, and he requested a vote be taken on the motion on the floor to approve the resolution as a matter of record. He stated with respect to the City Manager's comments, he supported that action to be taken as well, and he reminded the Commission that letters were sent by Fire Chief Ronald Jacobs at the conclusion of the two (2) previous workshops, which have received a negative response by the County.

Commissioner Persis stated he has kept an open mind on the issue; however, after hearing the testimony by Chief Skinner and the expertise he brings from the management perspective, particularly his comments regarding the right for cities to make a choice, he supports the resolution.

Commissioner Boyle echoed Commissioner Persis' comments, and he stated this County expressed concern about the a monopoly with only the County continuing to provide this service to nearly one-half million people. He expressed support of the resolution to allow cities the right to have a choice.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley no
Commissioner Persis yes
carried. Mayor Hood no

Mayor Hood asked the members of the Commission if they objected to the City Manager sending a letter to the County regarding a joint effort, to which Commissioner Kelley voiced an objection. He stated he thought it was the wrong approach to take, and he recommended following Mayor Hood's suggestion to let the Volusia County Firefighters' Council take the lead in this effort because ultimately they are the ones who are affected. Commissioner Kelley stated that if area municipalities see that the firefighters support the change instead of being opposed to a joint effort of unifying a service district, it would go further in accomplishing what the City is trying to do.

Mayor Hood stated he is not in favor of sending a letter, and asked that this issue be addressed through the Volusia Council of Governments instead; whereby, Mr. Case supported the firefighters, City Commissions and City Managers working together on this issue. The Commission concurred with this action.

Mr. Miller clarified that his previous comments were not intended to exclude the firefighters from the review process. He stated this action must have the support of the firefighters, and by working jointly, it would eliminate the previous causes for failure.

Mayor Hood restated that this item will be placed on the next agenda for discussion.

Garage Sales

Commissioner Persis questioned how many garage sales are permitted in one (1) year and was told two (2) garage sales are allowed per year.

Limiting Public Comment

Mayor Hood stated he had received a letter from Mr. Jerome McMahon regarding limits on the type and length of public comments allowed at City Commission meetings and asked the Commission for their comments.

Commissioner Boyle stated that the public has always understood that there is an unwritten five (5) minute rule for public comment; however, he expressed satisfaction to the way the Mayor runs the meeting. He commented that the style is conducive to good government; and when people leave the meeting, they know they have received a fair hearing. He stated that is an outstanding feature of Ormond Beach's government.

Commissioner Kelley stated that in several instances people have spoken for ten (10) to twenty (20) minutes, and he supported limiting the time allowed for public comment. He suggested utilizing a clock to ensure that all speakers are treated fairly.

Commissioner Persis stated Mayor Hood does an outstanding job conducting the meeting, and he suggested when "hot" topics are being discussed, a clock should be used to control the time each speaker is allowed to ensure that everyone has equal time afforded to them.

Commissioner Boyle stated he is against implementing a clock. He noted only one (1) letter has been received criticizing the procedure, and he stated Ormond Beach has the most efficient and streamlined meetings in city government. He stated the clock would have a chilling effect, and he supported using the more democratic process by having a fair meeting and allowing the public to speak. He encouraged using gentle reminders to the speakers to limit their remarks to five (5) minutes, and he supported the meetings being run status quo.

Commissioner Persis stated that some people are more skilled than others when speaking in public and the only thing that is fair is to enforce the same amount of time for everyone. Commissioner Boyle did not agree with penalizing those speakers who are less skilled in their speaking if they go over the five (5) minute limit.

Commissioner Schecter strongly urged the Commission not to adopt a time format. He advised political science studies suggest, and the school board has proven, time limits almost guarantee longer meetings. He stated the Commission was elected to listen, and he could not support editing an individual's right to speak.

Mayor Hood stated his inclination is to continue to run the meeting without imposing a time limit, and he stated he does not like the concept of using a clock. He commented that some people, either because of their education or lack of time spent speaking publicly, are not as polished and should be allowed enough time to express their viewpoints.

Item #13 - Close the Meeting

The meeting was adjourned at 8:32 PM.


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