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JANUARY 6, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David Schecter, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, Assistant City Attorney Randy Hayes, and Veronica Patterson, City Clerk.
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Mayor Hood read a Resolution in memory of Ormond Beach’s recently deceased City Attorney, Fred S. Disselkoen, Jr. The Resolution attested that Mr. Disselkoen was the driving force behind the acquisition of a large portion of land known as "The Rivers" which will be dedicated to the community for the enjoyment of the public for years to come, he was active in his church and youth sports programs of Ormond Beach; and his hard work will bear fruit for many years hence. It further stated his memory will be held with respect and admiration in the hearts of Ormond Beach citizens. Mayor Hood stated Mr. Disselkoen was a friend and an excellent attorney who will be missed. Mayor Hood asked for a moment of silence before the invocation. Item #2 - Invocation The invocation was given by Reverend Roy Weaver. 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 December 16, 1997, regular meeting have 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.
Item #5 - Employee-of-the-Quarter Presentation Eugene Miller, City Manager, announced Marilyn Porter has been named Employee-of-the-Quarter. He stated Ms. Porter has been an employee in the Finance Department since October, 1979, as an Accounting Aide III. She deals with customer service, payroll, utility billing, and accounting. Mr. Miller stated Ms. Porter is effective in dealing with both the utility customers as well as the City’s internal customers and exemplifies the spirit of customer service. He advised Ms. Porter is a participant in the United Way program and represents the General Employees’ Pension Fund as a Trustee. Mayor Hood presented Ms. Porter with a plaque to be displayed in City Hall, a second plaque with her name listed among those previously chosen as Employee-of-the-Quarter for display at City Hall, and a watch with the City seal embossed on the face. Item #6 - Audience Remarks Condolences to Fred Disselkoen’s Family Ms. Mercedes McCallen, Vice-President for Citizens for Ormond Beach, 40 Longfellow Circle, stated she is speaking for herself and the Citizens for Ormond Beach President, Mr. William F. Mann, in conveying their condolences to the family of Fred Disselkoen. Harold Briley, 312 North Beach Street, stated the City lost a great man with the passing of Fred Disselkoen who contributed so much to the welfare of this City. He stated former Mayor Cassen passed away recently, and he also served the City for many years. Mr. Briley complimented the City for showing its respect to both families by having the flag flying at half-staff. Volusia County Manatee Protection Plan Meeting Ms. Mercedes McCallen stated it has come to her attention recently that a meeting is scheduled for January 9th in Ormond Beach from 8 a.m. to 12 p.m. to discuss the Volusia County Manatee Protection Plan. She questioned where this meeting is to be held. Clay Ervin, Planning Director, stated that Kevin Denny, Planner, is representing the City at this meeting, but at this time, is not aware of the location of the meeting. He stated this is not a City meeting, but staff will determine the location and disclose it to Ms. McCallen. Ms. McCallen asked that the public, and perhaps the press, be informed as well so interested persons can attend the meeting. Sign and Awning Regulations Mr. Raymond Webb, President of Kenco Sign and Awning, a Holly Hill company, formally requested a variance committee be formed for the City of Ormond Beach so the City may have a group of peers to provide input regarding the current sign and awning ordinance. Mr. Webb stated that he holds licenses in eighty (80) cities in Florida, and all other cities have a variance committee. Mayor Hood, hearing no opposition from the Commission, instructed the City Manager to investigate the possibility of establishing a variance committee and to bring it back for discussion on the first agenda in February. He asked that Mr. Webb be notified of that meeting. Skateboarding Arrest Ms. Pam Atkinson, 45 River Ridge Trail, expressed her appreciation to the Mayor for considering building a skateboard park. Ms. Atkinson stated her sixteen (16) year old son was arrested last Friday for skating on City Hall property. She stated she does understand the seriousness of his actions and the liability the City incurs; however, she has been trying to ascertain what will happen with her son and when his confiscated skateboard will be returned. She stated it concerns her that there is nowhere for the skaters to skate, before the skateboard park is completed. Ms. Atkinson stated the skaters are trying to work within the system; these are "good kids" and the punishment does not fit the crime. She stated she has spoken to four (4) police officers and two (2) City employees who gave conflicting stories on how to retrieve the skateboard. Mayor Hood promised that he, the City Manager and Commander Longfellow would deal with this issue tomorrow morning. Vandalism at Oakwood Cemetery Ms. Minnie G. Wade, 149 Lincoln Avenue, expressed her concern regarding vandalism at Oakwood Cemetery. She stated a piece of granite at her mother’s grave was broken with a sledge hammer, and she asked for the Police Department to patrol this area at night. Mayor Hood directed Commander Longfellow to place Oakwood Cemetery on the patrol circuit. Very Special Arts Volusia Ms. Barbara Wolfson, 150 North Halifax Drive, Director of Very Special Arts Volusia, expressed her appreciation to the City of Ormond Beach for its continued support through the years and for including them in "Starry Starry Night" which will be opening on Friday. She stated exceptional art by exceptional artists will provide the community the opportunity to recognize and applaud the talents of very special artists. Ms. Wolfson presented a candle to the City and a candle to Ann Burt, Executive Director Ormond Memorial Art Gallery, which was created by a member of Very Special Arts Volusia representing the light of the future. Ms. Ann Burt, stated this is the ninth year of "Starry Starry Night" in which over 1,000 people participated last year; however, this is the first year this type of exhibit has been shown. She stated it will be a pilot project that they are going to try to expand throughout the State. She explained the artists include people from preschool age to adulthood who have challenges that they have overcome to produce this amazing art. She invited all to come on Friday, 6 p.m. to 8 p.m. to take part in this special event. Skateboarding Mr. Don O’Lone, 1304 Northside Drive, stated on December 20th at the Outback Restaurant skateboarders attached themselves to the bumpers of cars pulling in to park at the restaurant, and the week prior to this, a skateboarder attached himself to a UPS truck at Burger King thinking the truck would go forward, which instead started to back up until warned about the skateboarder. Mr. O’Lone pointed out the extreme danger caused by this type of action and stated the officer who cited Ms. Atkinson’s son may have saved this child’s life. He expressed support for the police and stated that skateboarding may not be a crime, but it is certainly dangerous. Item #7 - Consent Agenda Mayor Hood advised that 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 Boyle asked that Item 7(J) be discussed separately. Commissioner Persis asked that Item 7(I) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Schecter, for approval of the Consent Agenda minus Items 7(I) and 7(J).
Item 7(I) Conte Property Preliminary Plat RESOLUTION NO. 98-9
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-9, as read by title only. Commissioner Persis asked if this property is a wetland area. Mr. Clay Ervin, Planning Director, stated there are some Class IV wetlands along the eastern portion of the property, which are lower classification man-made wetlands such as farm ponds where wetland species have grown. Commissioner Persis stated his concern is where the Resolution reads "however, under Section 171.062, Florida Statutes, until the City adopts a Comprehensive Plan Amendment that includes this annexed area, the County’s Land Use Plan and Zoning and Subdivision Regulations remain in full force." Mr. Ervin stated this Section relates to the uses and types of developments that are allowed in this area. He stated staff is attempting to maintain as much consistency between what the City would allow through its Comprehensive Plan and zoning and the County’s regulations; therefore, the owner went through the County process before it was annexed to make the zoning classification consistent with what the City’s Comprehensive Plan would be designating it. Commissioner Persis asked when ground breaking is scheduled. Mr. Ervin advised this is not a property owner is planning on marketing the property rather than develop himself.
Item 7(J) - Cable Franchise Fees Commissioner Boyle asked Mr. Tom Lipps, Assistant to the City Manager, to explain this item. Mr. Lipps advised that there is a long-standing court issue describing the manner in which to calculate the remittance of franchise fees to the cities from the cable companies. He stated that historically, under direction from the FCC, the cable companies added a five (5%) percent surcharge on to each bill to cover the franchise fee to be sent to the municipality. Mr. Lipps stated that after litigation, the Court of Appeals resolved that this is an inappropriate method in which to transmit the funds to the cities, the correct method being five (5%) percent of gross revenues which is consistent with the City’s current ordinances. He explained that on a current bill of $30, the cable company would add $1.50 on to the bill to remit to the City; whereas, the correct fee is an additional five (5%) percent of the $1.50 translating to another $.08. He stated this is not a sales tax, but a franchise fee that is a cost of doing business. Mayor Hood stated that the bottom line is that it is paid by the customer. Commissioner Boyle stated he had opposed the raise from three (3%) to five (5%) percent and is opposed to this addition as well. He stated that, due to the ruling of the Court, the City may add a five (5%) percent franchise fee on a bill and then collect five (5%) percent of the fee itself which is a tax on a tax or a fee on a fee, and even though it is legal, he opposes it. Mayor Hood asked if anyone agrees the charge should be added. Hearing no support for a resolution to be drafted to add the additional fee; he closed the issue. Item #8- Rezoning - Wolcott, Leorza, DePalma Property Mr. Louis Leorza, 11 Sycamore Circle, owner of Lots 3 and 4 which are three-quarters (¾) of an acre each, voiced concern that these parcels are being treated as one. He stated that since he has owned these lots for eighteen (18) years they should be "grandfathered" in, but this was denied. Mr. Leorza requested that his opposition go on record. Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8. The motion carried unanimously. ORDINANCE NO. 97 - 73
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-73, on second reading, as read by title only.
Item 9 - Potable Water Rules ORDINANCE NO. 98 - 1
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-1 on first reading, as read by title only.
Item #10(A) - Ratifying an Amendment to the 1995-1998 Collective Bargaining Agreement Between the City and the Ormond Beach Firefighters Association RESOLUTION NO. 98 - 10
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-10, as read by title only. Mr. Eugene Miller, City Manager, stated this is an article agreed upon allowing for ALS provision in the impact bargaining process which was initiated to allow the City to go ahead with negotiations for the operation of Station Nos. 11 and 13 of Volusia County.
Item #10(B) - Ratifying the Execution of a Collective Bargaining Agreement Between the City and the Ormond Beach Firefighters Association RESOLUTION NO. 98 - 11
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-11, as read by title only. Mr. Miller explained that as a career City Manager operating within the Council-Manager form of government, he functions under a professional code of ethics which establishes certain parameters of responsibility and obligations. Mr. Miller stated that those most applicable in this matter is that city managers proscribe to a code of ethics that recognizes the chief function at all times is to serve the best interest of all the persons in their jurisdiction. He stated another tenet of that code of ethics includes a statement to provide the elected officials and the public with the advice on matters of policy as a basis for making decisions and setting community goals. He further stated that this code also states that the primary responsibility of a city manager is to keep the community informed. Mr. Miller advised that there are provisions in the Ormond Beach Charter and Code which apply to his role in this matter, such as business management. He stated that it is within that scope of responsibility that he submitted the information and analysis which has been made available to the City Commission in their packets as well as to the community. He stated that, in essence, the City Manager is bound by a code of ethics which includes keeping the community informed as well as being responsible to the elected City officials. Mr. Miller explained that he has been advised by the City’s legal counsel that he must modify the recommendation contained in the December 31st packet information. He stated that two (2) alternate recommendations were noted: one to send the contract back for further negotiation and the other to allow the special master to proceed. He stated that since those two (2) recommendations will require the Commission to reject the proposal, he may not make such a recommendation as the Chief Executive Officer of the City since he cannot recommend rejection of what has already been tentatively agreed upon and the union has agreed upon and ratified. He stated he is, therefore, recommending approval as submitted per his legal parameters. He stated that he does have reservations and doesn’t understand the rationale regarding this, but is recommending it because he is bound by legal parameters to make the recommendation for approval. Mr. Richard Siwica, 918 Lucerne Terrace, Orlando, counsel representing the Firefighters Union Local 3499, stated that the City Commission is governed not by the City Manager’s code of ethics and his personal opinion, but State Law, Chapter 447, Part 2, which is a statutory provision implemented to implement the constitutional right of public employees to bargain with their public employers. He stated the City Manager works as the City Commission’s agent and does what they tell him to do in the bargaining process, per statute. Mr. Siwica stated that this is unlike other City Manager duties where he has certain inherent authority, and in this matter he is the City Commission’s messenger at the bargaining table. He stated the message has been delivered, it has been ratified by the union, and he asked that the contract be ratified tonight. Mr. Dean Gast, 18 Silver Fox Trail, stated that each of the City Commissioners has a fiduciary responsibility to the voters of their zone and the residents of Ormond Beach. He stated that inherent to that responsibility is a mandate to support economic policy which is both financially prudent and demonstrably in the best interests of the City residents as a whole. He contended that if the proposed wage increase for Ormond Beach firefighters would constitute an average of 18.9%, then clearly the special interests of a few would preclude the general interest of the public. Mr. Gast asked the Commission to consider that in the past year consumer price inflation was increased 1.8% and the producer price index has declined 1.2%. He stated no firefighters have left the Fire Department in 1997 and only several in prior years, and 76 applications were received for a recent Fire Department vacancy. Mr. Gast stated that financial compensation is only one of many factors in a first class fire organization and that it is short sighted to presume that being the highest paid necessarily equates to being the best. He stated that approval of such a compensation package will most certainly trigger new compensational demands by other City employees. He advised he will not support property tax increases to fund such imprudent financial policy and support would constitute a breach of the Commission’s fiduciary duty to the City. Mr. Joe Lipsomb, 22 Shadow Creek Way, stated he feels these are black days when he sees special interests taking control of the City Commission. He accused the three (3) Commissioners who are in favor of this contract of catering to the firefighters’ union because of their support for each of the Commissioners when they were running for the seats they now hold. He contends Mayor Hood and Commissioner Persis did not have adequate time to study the proposals so they could represent the people properly. Mr. Jack Hunter, 65 Horseshoe Falls, objected to the vote in support of the firefighters by those who had received contributions from them. Mr. Jim High, 38 Oak Brook Drive, stated that he is a former employee who now works for another Central Florida city. He stated that the News-Journal article is not accurate, and he can produce many articles which indicate the News-Journal is predisposed toward the City Manager and the Mayor. Mr. High stated he does salary surveys and can assure the public that the firefighters are underpaid by a considerable amount. He advised that Ormond Beach is the only City in the area who sends only two (2) men out per truck; one (1) has to run the pump while the other tries to hold the hose. Mr. High argued that "if you are going to run EMS, do it right, if you are not going to run it, stop it and just do fire calls." He stated the firefighters deserve a lot of recognition and the Commission’s vote of confidence. Mr. Bill Robertson, 28 Rio Pinar Trail, disagreed with an 18.9% increase. He stated he agrees with Mr. High that two (2) men should not be sent out per truck, and countered that if the wages would be brought to a reasonable level, the City could afford another man per truck. Mr. Robertson stated that since Commissioner Schecter is leaving shortly, the Commission should consider tabling this proposal until his replacement is seated. Mr. Donald Moore, 1715 Palm Road, stated that the raise being considered is within reason when compared to what firefighters have been given in the past. He asked the people to remember these are the people being awakened at 2:00 a.m. to fight a fire or provide EMT service. Mr. Moore contended that if there is a tax increase, it would be $11 per year. He stated 19% is "catch up" for all the years of small raises. Mayor Hood asked if he was aware of what the raises have been for Ormond Beach firefighters in the past years. Mr. Moore did not, but he stated he knows what the firefighters are worth. He stated he is a resident of Ormond Beach who is willing to pay $11 per year for the firefighters. Mr. Tom Robertson, 113 Bonita Place, stated he supports the firefighters because of the risks they take, putting their lives on the line every day for the citizens, and the citizens need to repay them whenever they can. He contended this raise just brings them up to the level of the average firefighter in the State of Florida to date. Ms. Jayne Garner, 23 Kenilworth, stated that when 911 is called, the firefighters are usually the first on the scene. She stated she is a taxpayer and would be glad to support this raise because they put their lives on the line daily. Mr. Cliff Stewart, 4 River Bluff Court, stated that as a citizen and businessman he finds this increase unbelievably ridiculous. He questioned why the City is ready to ratify a contract for 18% today when the contract does not expire until October, 1998. Mr. Stewart suggested tabling the issue. He stated the City would be establishing a precedent that will go far beyond Volusia County. Mr. Robert Weinberg, 26 River Ridge Trail, stated that beside the fact the increase is ridiculously large, the rationale behind it is disturbing. Mr. Weinberg stated that the surplus in the budget is commendable, but that does not mean it must be spent. He contended it could be returned to the taxpayers on property taxes or expended on worthwhile projects. He stated that the money saved by taking one (1) firefighter out of each station should be saved rather than returned to the firefighters. Mr. Weinberg recommended Commissioner Schecter abstain since he is leaving, and this vote will commit the City for a long time to come. Mr. Benny Ruda, 395 South Atlantic Avenue, commended the firefighters for the job they do in the community, but stated the City does have a fiduciary responsibility. Mr. Ruda asked for the vote to be delayed because of the controversy. He stated the public perception is that three (3) Commissioners got together and decided on the outcome, which he stated he finds hard to believe, but more discussion is needed on the matter. Mr. Len Taft stated he lives and works in Daytona Beach, and the Daytona Beach City Charter mandates that at least every three (3) years a comprehensive wage and benefit survey is conducted. He stated quite frequently pay adjustments must be made and several job classifications have been found to be so skewed, large adjustments (10-25%) are necessary to bring them within the market. Mr. Taft stated this proposal is to bring Ormond Beach firefighters to the level of Edgewater and New Smyrna Beach firefighters who have been enjoying this wage for years. He contended the Edgewater firefighters are not unionized or politically active, and New Smyrna Beach firefighters, while unionized, have not been politically active, and neither can be accused of any political payoff. He stated Deltona, in that same pay range, are unionized and politically active, but are enjoying the higher pay scale established by a commission, the majority of whom the firefighters opposed. Mr. Taft stated he is outraged by the suggestion of elected representatives, who are trying to correct past inconsistencies in pay ranges and bring the salaries of their firefighters within line and consistent with other well paid firefighters in Volusia County, being accused of political payoffs. He stated that even after these adjustments, the firefighters’ hourly wage will still be less than that currently being paid to Ormond Beach police officers. Mr. Tony James, 143 Myra Boulevard, stated he is running for Commissioner Schecter’s seat. He stated that on his campaign literature, it stated firefighters and police officers will have the proper tools needed. Mr. James added that he has been told that without the support of the firefighters he will not be elected, but he contends that if that is what it takes, he does not want to be a Commissioner and expressed his opposition to the raise. Mr. Carl Ludvigsen, 22 Katrinas Drive, stated his opposition and urged the City Commission to reject the proposal. He accused certain Commissioners of political payback for the help they received by the firefighters in getting elected. Mr. Don Ward, 1214 Parkside Drive, stated in 1994 one (1) out of three (3) firefighters was laid off. Mayor Hood stated the firefighters were not laid off, but were reassigned. He stated he would like to see all City employees get better pay, but Ormond Beach does not have the tax base Daytona Beach has. Mr. Ward stated the firefighters deserve a raise, but 18% is unheard of, and what bothers him is that there was a closed door session where this was discussed and a luncheon with three (3) Commissioners attending. He stated this doesn’t look good, and the public has to think those Commissioners were discussing their vote. Mr. Alden Stephens, 99 Knollwood Estates Drive, stated that according to the News-Journal article, the City will survey other municipalities in Volusia County for the next three (3) years, and if at any time there are firefighters being paid more in another municipality, Ormond Beach will match that salary. He contended that if this Resolution is passed, Ormond Beach would pay for decisions other commissions make. Mr. Stephens strongly urged, at the very least, this clause be pulled from the agreement. Mr. Harold Hubka, 14 Tidewater, stated that the News-Journal reported an 18.9% increase was proposed the first year, and a citizen stated this was over three (3) years. He asked which statement is correct. Mayor Hood responded the proposal is for 18.8% the first year, with steps every year thereafter of 4.1%, 3.8%, and 3.2% depending on the job, plus any raise Edgewater may receive will be added to the other raises. Commissioner Schecter argued that this is inaccurate. Mr. Hubka stated he thought the job of negotiating a contract was to be done by Mr. Miller and a labor negotiating team, and he asked Commissioner Schecter if the job had been delegated to him in this instance. Commissioner Schecter stated he did not negotiate this agreement. He stated that any Commissioner can "do homework" on any issue and talk to anyone such as attorneys, engineers, citizens, sports groups, family groups, and church groups. Commissioner Schecter stated he did have an idea of what he wanted to see happen, but this was presented to the City Commission, not the union or any outside counsel. He stated the Commission then discussed it and voted to determine what their position would be for the City Manager to take to the union. Mr. Hubka asked if the City Commission had already voted on behalf of this recommendation to have the City Manager take it to the union, and Commissioner Schecter answered affirmatively. Mayor Hood asked Commissioner Schecter to confirm that he brought the pay matrix to the meeting. Commissioner Schecter stated that he had an idea of what he wanted to see and yes, he brought the pay matrix. Mayor Hood asked Commissioner Schecter if he received the pay matrix from Mr. Heric or if he made it on his own. Commissioner Schecter responded that it was made after two (2) or three (3) meetings, and he strongly objected to the Mayor’s method of questioning. Mr. Hubka asked if the firefighters have had a raise in the past few years. Ms. Lorenda Volker, Human Resource Director, displayed a chart indicating that in 1997 the firefighters received a 3% raise plus a 1% bonus; in 1996 there was a 3% raise; in 1995 there was a 3% raise; in 1994 there was a 6% raise; in 1993 there was a 4% raise plus a 5% EMT certification; in 1992 there was a 4% raise; in 1991 there was a 6% raise; in 1990 there was a 7.3%; and in 1989 there was 5% plus 4% to the pension plus a 1% Cost of Living Adjustment (COLA). Mr. Hubka stated that he believed this to be a reasonable increase in light of the Consumer Price Index. He stated he wants the firefighters to be paid a fair wage, but it is ludicrous and a violation of the Commission’s duties to the citizens of Ormond Beach to declare that Ormond Beach should have the highest paid firefighters and that it will delegate the compensation rates to other City Commissions. Mr. Hubka asked Commissioner Boyle if he had any discussions with the firefighters regarding their compensation prior to the time he was elected. Commissioner Boyle answered he has never had any discussion regarding a pay increase with any firefighters prior to any election. Mr. Hubka asked that if the data proves this is a reasonable raise, let the rest of the staff look at it, make recommendations and study the situation further. Mr. Ed Kelley, 8 Tidewater Drive, stated this raise is for an immediate 18%, not spread out over three (3) years. He stated the fundamental question is if the firefighters underpaid. Mr. Kelley explained that on a survey he has, a lieutenant’s average maximum range was increased in July, 1996, to $42,777 with only Daytona Beach higher at $43,650. He contends that an Edgewater lieutenant can only make $35,323 which is $7,000 less per year than Ormond Beach. Mr. Kelley stated to use the annual rate is not fair, since the hourly rate is more applicable. He stated that he does think Ormond Beach firefighters should be well paid, but he believes they are well paid. Mr. Kelley remarked that on the Mark Bernier radio show on which Commissioner Boyle, Commissioner Schecter and Commissioner Gillooly appeared, Commissioner Gillooly stated there would be no additional cost to the City if Advanced Life Support (ALS) is required. He contended that from the information he received, it would cost an approximate $3,200 additional per man. Mr. Miller agreed that is correct on the basis of the number of personnel that the Fire Chief determines is needed for ALS service. Mr. Kelley stated that these salary increases do not include the fact that eventually the firefighters will ask for the third man on the fire engine, ALS, and other City employees will want equal compensation. Mr. Kelley stated that approximately 67% of the campaign funds that were expended for Commissioner Gillooly’s election were from the firefighters or their union. Commissioner Schecter asked Mr. Kelley if he made a statement publicly before the election, "I, too, want the Ormond Beach firefighters to be the best paid firefighters in Volusia County." Mr. Kelley answered that was why he brought these numbers up, and he thinks they are as well paid as anyone on an annual basis. He stated the discussion he had with Mr. Heric and Ms. Damesek at the time of the election merely agreed to the fact that he and they could never agree on the pay and compensation. He further stated that it was said on the radio show that firefighters start at $15,000 a year, but no firefighter in the last two years started as low as $15,000. He also contended that the firefighters aren’t leaving because they are underpaid. Mr. Harry Cone, 353 South Atlantic Avenue, stated that since there is a cloud surrounding how this agreement was reached, it would be of benefit for the City to postpone a vote to investigate further. Mr. Jim Powers, 3 Santa Lucia, stated that this City has had two (2) factions for quite a few years. He stated that it has been said that since the firefighters didn’t quit, the pay must be adequate, it’s okay, but this is not a good index since firefighters tend to hold their jobs. He stated it is true Commissioner Schecter will not be here when this contract plays out, but Mr. Powers contended that Commissioner Schecter wasn’t here when it began either. Mr. Powers stated one very strong faction is Mayor Hood, Mary Bennett, and Ex-Commissioner Kelley and the people who contributed to their campaigns who are the "zoning-variance crowd." He added this faction has done a lot of good, but that is only one faction and another one has moved in. He contended the pendulum has swung and is doing some catch-up now. Mr. Powers asked Mayor Hood if he had cut off two (2) step raises. Mayor Hood answered he did cut step raised because the City modernized the pay system used, which created a system where every year, 6% and 7% pay raises were being given. Mr. Powers stated it takes time for a firefighter to build a career, and during that time they deserve to appreciate in their job as their skills build, not just keep pace with inflation. He stated that in their campaigns Commissioner Boyle, Commissioner Schecter and Commissioner Gillooly supported raises for the firefighters, campaign after campaign during the election. He added that during the election they stated publicly that they think firefighters, police officers, and other employees deserve raises, and they now happen to be in the majority. He contended that the raise is not too excessive, just a reversal of the modern pay plan implemented. Ms. Peggy Farmer, 5 North Ravensfield Lane, stated that although she and Commissioner Gillooly were on different sides during the election, it was agreed they both care about good government, as do all the citizens in attendance, and a definition of good government is to protect the health and safety of its citizens. She stated that her concern is not what is in the contract, because that is a complicated issue, but the perception of the way it was handled and the integrity of the Commissioners. She contended this divides the community, and if this is a good contract, it should be given time for review and brought back when a new Commissioner is elected who will be present during the time the contract is in effect. Mr. Mel Stone, 32 North St. Andrews, stated that the citizens are the majority faction. He stated people in business have taken a negative loss of income because of the Consumer Price Index. He indicated the trend is to be lean and efficient, and this is what people expect from their government. Mr. Stone supported increased hours and increased efficiency from government. Mr. Jim Privett, 215 Grove Street, stated that he is not supported by the firefighters; therefore, he is not obligated to support their position. He stated that when Mayor Hood was running for Commission and Mayor, he received contributions from developers and asked if these shouldn’t be considered special interest groups as well. Mayor Hood responded that if his campaign contributors list were examined, his contributions came from a large variety of contributors, with only 7% related to developers. He indicated that if you consider leaders in the community such as Mike and Ray Eddy and the Root family as developers or special interests, yes they contributed to his campaign. Mr. Privett asked the Mayor if he votes on issues related to developers’ wishes and desires; and Mayor Hood agreed he votes on many issues, none of which has anything to do with anyone he represents, and never has his vote been a conflict of interest. Mr. Privett stated that Mayor Hood has indicated the firefighters are a special interest group, yet he has voted in favor of developers, who are a special interest group. He stated the Mayor is trying do drive a wedge between the firefighters and other City employees and also to malign any candidate that the firefighters choose to support in any future election. Mr. Privett asked Mr. Miller if he was one of the officials referred to in the newspaper article stating that Mayor Hood and Commissioner Persis did not have adequate time to consider the proposal. He asked if, in fact, the meeting had lasted two (2) hours. Mr. Miller explained that under the Collective Bargaining Agreement, closed meetings are allowed by law, and this is a normal process. He stated the meeting started at 7:30 a.m. and it was announced at the beginning that the Mayor had to leave at 9:30 a.m. Mr. Miller stated he, the Human Resources Director, the Fire Chief, and the late Fred Disselkoen attended the meeting. He added the Human Resources Director was a major presenter of the agreement that the union had presented. He stated that the purpose of the meeting was to get to the point of having some parameters for a compensation package to be presented to the union, which at that point had declared an impasse. Mr. Miller indicated approximately ten (10) minutes prior to the deadline as prescribed when the meeting began, the management presentation was cut off, and at that point Commissioner Schecter presented the package referred to this evening. He stated that before the Mayor left, he asked the City Commission not to act hastily, but was encouraged to have the consensus vote. Mr. Miller stated the vote was to take the package as proposed. After the meeting, Mr. Miller indicated the package was "cleaned up," taken to the bargaining unit on Christmas Eve and ratified. Mr. Privett clarified that his question was that the article stated Mayor Hood and Commissioner Persis only had a short period of time when, in fact, the meeting did go on two (2) hours. Mayor Hood stated that the meeting started at 7:30 a.m., and he informed everyone that he had a 9:30 a.m. meeting to attend; therefore, he had to leave at 9:15 a.m. He stated that at 9:10 a.m. Mr. Miller was still making a presentation when he asked Mr. Miller to bring his presentation to a close. He stated that at that point Commissioner Schecter stated he had a proposal that he wanted to discuss. Mayor Hood examined the document given by Commissioner Schecter and stated "this is a lot of data, I don’t think the calculations make sense on first flush." Mayor Hood stated Commissioner Schecter disagreed and stated the cost is only approximately $200,000 to the City. Mayor Hood stated he asked that the Commission wait a week or so to give time to check the figures, but a vote was requested at that time. He stated a motion and second was made, a vote was taken where he and Commissioner Persis voted no and the other Commissioners voted yes. Mayor Hood stated this all occurred between 9:10 a.m. and 9:20 a.m. Mr. Privett indicated that considering what the firefighters had taken away from them over the past four (4) years, this raise is not that large. Mayor Bill Arthur, 1243 Charter Oaks, Holly Hill, stated that all citizens are special interests. He stated that people who take the minimum wage job of Commissioner should have more respect than to be accused of catering to a special interest group. Mayor Arthur commended Mr. Miller on the way he handled this issue. He stated Ormond Beach’s negotiations will affect all the cities, and comparing Ormond Beach to Edgewater is not fair since they work a 40-hour week. Mayor Arthur stated the price per call for Ormond Beach firefighters is $985 while the price per call for Holly Hill firefighters is $375. Mr. Shereef Guindi, 53 Choctaw Trail, stated that the facts are not clear on either side; therefore, he asked the Commission to postpone the vote on this issue. Mr. Emmett Crump, 3 Margorie Trail, Winding Woods Subdivision, expressed dissatisfaction with certain Commission members. Commissioner Boyle expressed his appreciation to all those who made public comment, wrote, called or stopped in his shop to express their feelings on this matter. He stated this is an extremely complex issue which made front page news, especially when a Mayor of a city publicly questions the voting integrity of three (3) members of his City Commission. He stated the comments in the newspaper disrespect the three (3) Commissioners, the citizens who voted for them, and the firefighters who make no demands on any candidate they endorse. Commissioner Boyle stated, for the record, that nobody bought his vote and that every member of this and previous Commissions have sought the firefighters’ endorsement. Commissioner Boyle related that in the Spring, as soon as the new Commissioner is seated, he will ask for a public referendum to let the citizens vote to reduce the terms of Commissioners to two (2) years, to be more accountable to the public. Commissioner Boyle contended that firefighters are not a special interest, they are instead a public interest for everyone. He stated the decision the Commission must make tonight is made in spite of politics and not because of politics. Commissioner Boyle stated that in 1995, when he was a candidate, he made the statement, "our firefighters are understaffed and underpaid," and that statement is still true in 1998. He stated that the voters in Zone 1 elected him twice to do something about that. He stated two (2) other Commissioners made similar pledges, and these three (3) have been elected a total of five (5) times. Commissioner Boyle stated that Ormond Beach enjoys the lowest tax rate in Volusia County, and it has a $4 million reserve and a $1.5 million excess reserve. He stated Ormond Beach has saved $400,000 each year since the number of men per engine company was reduced from three (3) to two (2) in 1993, and it is the only City with only two (2) men per engine company. He stated that in 1994 the pay steps were taken away totaling $470,000. He explained that a merit pay system was promised to replace the step system, but that promise was broken. He stated Ormond Beach, despite dynamic growth, construction and annexations, has the same total number of firefighters as it had in 1991. Commissioner Boyle stated this Commission boasts about saving millions through privatization and cost-cutting, but hesitates to provide Advanced Life Support and pay raises for the human resources that serve and protect. He stated Ormond Beach thinks a 3% cost-of-living increase is sufficient, effectively freezing workers at the same real dollars of income year after year. Commissioner Boyle questioned the City’s priorities when it approves a half-million dollars for softball fields, a quarter-million dollars for a skateboard park, and $50,000 a year to maintain sixteen (16) medians, all without a tax increase, but these are more important than firefighters. He questioned why pay raises for people always require an automatic tax increase in the mind of certain people. Commissioner Boyle stated that if the Mayor is concerned about the firefighters having second jobs as he stated on the radio, Commissioner Boyle suggested the Mayor ask why they need second jobs. He stated last June, $1.5 million was identified as excess reserve, and he suggested that if the Commission is not going to expend these funds, it should be given back to the taxpayers. Commissioner Boyle recommended giving a small portion of this back to the firefighters because this is the same money the City took from them over the last four (4) years. Commissioner Boyle pointed out that during the last years, contracts had been approved by three (3) duly-elected Commissioners, but now that three (3) different duly-elected Commissioners agree on a different contract, some are unhappy. He stated that two (2) other Commissioners and a majority of constituents agree that this wage proposal is correct. He thanked Commissioner Schecter and Commissioner Gillooly for their courage since it is always safer for elected officials to cut rather than increase spending, which speaks to fiscal responsibility since it is also fiscally irresponsible not to spend money when you should. Commissioner Boyle stated instead of walking away from this issue, Commissioner Schecter is keeping his promise to his voters. He informed the public that had Commissioner Schecter not made this proposal, he would have made essentially the same proposal. He stated he does not agree that Ormond Beach should always be the best paid, and probably if the meeting were not cut short, that stipulation would have been deleted. Commissioner Boyle apologized to the public for the comments made in the newspaper by the City Manager, and he believes that the public was misinformed. He stated this wage increase will not automatically trigger the same increase for all City employees, and will not necessarily require a property tax increase. He explained taxes and raises are policy decisions for a Commission majority, not one Commissioner or a Mayor or a City Manager. He stated that it is regrettable the City Manager has not sought direction from the Commission majority, and instead took policy direction solely from the Mayor; and if the entire Commission had been "in the loop" from the beginning, this Commission might have been able to reach a stronger consensus, and a funding plan would be in place that would draw citizen support rather than criticism. Commissioner Boyle stated that if this proposal gets three (3) votes tonight, he would expect the City Manager to provide a wide range of funding alternatives, some to require no increase in property taxes, which he believes should have been included in this report and the Commission should know why they weren’t. He considers the 45% tax increase that was represented a false and irresponsible tax statement. Commissioner Boyle stated the Mayor, the City Manager, and some citizens have questioned what extra benefits will be received from higher paid firefighters. He contended that the benefit would be the same as that of nation-wide job searches that compete with higher-dollar markets to hire department heads from other parts of the country. He stated we are told that a larger pool of applicants will bring us better quality people and benefit in better managers, so the same philosophy should apply to firefighters. Commissioner Boyle advised he had placed copies of a paper outlining the basis of his decision, paid for by himself personally, on the table in the back of the auditorium for anyone interested including those unable to attend this meeting. He stated that the Commission is elected to find out what government a majority of the citizens want. He explained that he has been asking the citizens about this issue since 1994, and the majority of the people want the firefighters to have a saving wage, the wrongs of the past year to be righted, the firefighters to own a nice home along side the rest of us, to share in the ownership of this community they serve which will leave all of us better and richer and correct the mistakes that have been made with this government in recent years. He stated he is 100% in favor of this proposal. Commissioner Schecter commented that never before has he heard comments made so personal from certain members of the public to certain members of this Commission and he is embarrassed for those individuals who took this away from the professional level and made it personal. He stated the Commission has disagreements all the time, but never this type of personal challenge. He stated each member of the Commission respects each other and respects the members of the community who come forward to speak. Regarding the timeframe Mayor Hood related would occur at the Shade meeting, he had no idea that the Mayor needed to leave or that discussion needed to be stopped at any specific time. Commissioner Schecter expressed his concern that Mr. Miller may have issued a potentially illegal memorandum to the City Commission. He stated he has deep concerns about what Mr. Miller said tonight in reference to his now recommending the approval and somewhat apologizing for the previous staff report, when incendiary public statements were made previously. Commissioner Schecter questioned what kind of City the citizens wished to live in. He stated he has a vision for this City which he has stated publicly in several campaigns, and he indicated his support for public employees and for those who live and work in this City. In response to the charges that there was something shady, shifty, quick or unfair about the process, he explained that the Commission is voting on a proposal that has been public for two weeks and there was plenty of time for individuals to come forward and to make comments. He indicated that to say tonight that somehow something quick went on and that somehow numbers were shifted too quickly, is simply unfair. Commissioner Schecter contends that there is very much a human story here. He stated that when we give money away to businesses, we call that an incentive, but when we give money away to public employees, we are somehow stealing from the public, and that’s not right. He stated that the 39 employees working in this department serve a function in the community that we all benefit from. He stated the moral issue is appreciating the worker, those who help us in the City on a day-to-day basis, and he asked to go on the record to the firefighters that he appreciates what the firefighters do, he respects them and thinks the public does as well. He stated it is just as important that we have a City where people are as proud to work here as they are to live here. He urged the Commission to support this proposal and hoped all can go home tonight proud of Ormond Beach. Mayor Hood asked Commissioner Schecter to clarify his position. He asked if it is his position to pay the firefighters the highest in the County as well as all other employees in the City. Commissioner Schecter responded that at the time that negotiations occur for any of the employee groups, the Commission should absolutely consider where they are in the pay scale in comparison to both cities the size of Ormond Beach throughout the area and cities in the County, but that kind of blanket statement would, of course, be unreasonable. He stated he felt it was as unreasonable to answer as it is to ask, because what the Commission is seeing here is this issue tonight, which he supports 100%. He stated when other pay increases come up, he will consider them just as fairly. Commissioner Gillooly stated he would like to let the public know briefly about his background. He stated he was a high school principal in New England with a very tight-fisted Yankee school board, and he had to get 110 cents worth of value out of every dollar spent, which he did so well, he was offered a job in the government, in the Department of Health, Education and Welfare, to administer some grants to the entire state. He stated he was able to return to the government $58,000 at year end that had been saved by stretching some dollars, causing a surplus. He stated he is retired, living on a fixed income, knows the value of a dollar, is a very prudent money manager and has no intention of giving away the store on this contract issue. Commissioner Gillooly stated that he resents the slanderous statements made that because of the support he received from the firefighters, he is "beholding to them." He stated if this reasoning is extended and applied in a different context, might it not also be true that anyone who receives substantial campaign support from special interest groups, such as developers, is also beholding to developers. He stated that while it is true that the firefighters supported his campaign, the pending contract was never discussed. He advised he met with about 35 of the 39 firefighters, and only that great number, because he attended a picnic that the firefighters had hosted for the incoming Chief. He stated Advanced Life Support (ALS) was discussed. Commissioner Gillooly stated that in opposition to his opponent, who had voted against ALS as a sitting Commissioner, he was very happy to make the pledge that he would support it. Further, he contended that while his opponent did deny the firefighters an opportunity to solicit a grant for Life Support training, paradoxically, he did publicly say that the Ormond Beach firefighters should be paid the highest salaries in Volusia County in front of witnesses. Commissioner Gillooly affirmed he is convinced that this pledge concerning advanced training was one which helped him win the election since it, and other policies affecting the firefighters, were the two (2) main topics of concern when he visited people in their homes. During that campaign, he stated he knocked on nearly 1,500 doors in Zone 3, and firefighters’ issues were of the utmost concern. He stated that even if he did not have the support of the firefighters, he would support this contract, because it corrects five long years of inequities, it is fair, affordable, and for no other reason but that it just makes sense answering a basic ethical responsibility to compensate workers in relation to their longevity on the jobs, training, responsibility, and risk taking. Commissioner Gillooly contended that the old contract was "a shambles, a disgrace to common sense in that one lieutenant who has been on the job for 18 years makes more than a lieutenant who has been on the job for 24 years, and another lieutenant makes $1,122 a year less than a driver he supervises." He stated there are many reasons for these inequities, but probably the main reason is the City’s past reluctance to treat the firefighters fairly in salary negotiations and the pettiness of intent. He explained that in 1991, the Consumer Price Index on which the cost of living is based, was 4.4% and the City gave the firefighters 2.0%; in July 1990 the Consumer Price Index was 4.8%, the firefighters received 3.3%; and it is interesting to note that during the eight (8) years prior to the present City Administration, the firefighters had always received cost of living increases at or above the prevailing cost of living index. Commissioner Gillooly stated that an 18% increase in salaries, at first glance certainly seems to be excessive. He stated a newly hired firefighter who is placed on step 1 under the old contract would have been paid $7.04 an hour to undertake a high risk job, yet in the employment ads in both the News-Journal and the Orlando Sentinel, salaries were advertised as follows: a front office receptionist job pays $9 an hour with benefits; a housecleaning job pays $9 an hour; Dillards pays $7 to $11 an hour with liberal benefits, and sweeping up the mall pays $8 an hour. Commissioner Gillooly explained the new contract would give this newly hired firefighter a raise from $7.04 to $9.17, which is where the big increase comes in. He stated that considering only the percentage increase, it seems high, but he asked people to consider the dollar amount. He stated a forty (40) hour work week would pay this firefighter slightly more than $19,000 a year, and he questioned who would put their life at risk every hour of the working day for a salary of less than $19,000 a year? Further, he stated the firefighters work more than forty (40) hours a week so they can earn more, with most working 48 hours a week. Commissioner Gillooly asked if a trained professional such as a firefighter should have to work the equivalent of six (6) days a week to earn a decent livable middle-class wage. He contended that if firefighters worked a forty (40) hour work week, there would have to be increased personnel at every level, officers as well as firefighters, so salary costs would spiral and the cost of providing fringe benefits for a larger personnel pool would increase tremendously. Commissioner Gillooly stated that the argument that because of the way shifts are set up, firefighters have time to hold other great jobs, such as lawn maintenance, will be made. He questioned "what kind of community can we really be if we are willing to accept the fact that these professionals, these people who we rely upon every day in life threatening emergencies, must work at other jobs to provide for the families." Commissioner Gillooly stated that prior to being sworn in on December 2nd, he met with Mayor Hood in his office where Commissioner Gillooly told Mayor Hood he held no resentment toward him because he supported his opponent. He assured Mayor Hood he would attempt to work cooperatively with him for the good of all the people in Ormond Beach, and that he did not believe that he and Mayor Hood should argue their differences in the press, but rather discuss them privately or in a public forum such as Commission meetings. He further assured Mayor Hood that he would always attempt to be open and candid with him, to which the Mayor agreed. Commissioner Gillooly further explained that about the same time, he spoke to the City Manager, where he related that he had no ax to grind against anyone and even developers who had opposed his election could expect impartial, fair hearings as long as no attempt was made to circumvent building codes. He then said that all he expected was for the City Manager’s office to provide all the information available pro and con, so he could examine both sides of an issue and then make reasonable determinations. Commissioner Gillooly explained that, at the Shade meeting, for the first hour and a half, the Mayor and four Commissioners listened to presentations by the Human Resources Director, the Fire Chief, and the City Manager. He stated he was very perturbed that after seven (7) meetings beginning in October between negotiators for the City and the firefighters, no pay scale had as yet been proposed by the City and that the negotiators had, a few days prior, filed an impasse, an unfair labor practice grievance. He contends that much of the information in the presentation was misleading, for example, a chart was used to show the firefighters’ maximum salary range was above $35,000, and it appeared to be among the highest salaries in the County. He explained that some actual figures make this chart very unreliable. In Daytona Beach Shores which appears to be slightly above Ormond Beach on the chart, the firefighters work an average of 2,080 hours annually to attain this position; in Holly Hill which appears to be slightly below Ormond Beach on the chart, the firefighters work an average of 2,756 hours annually to attain this position; but, in Ormond Beach the firefighters work an average 2,912 hours annually to attain this position on the chart. He contended that once you have this information, which the Commission didn’t have, the chart becomes meaningless. He further contended that three (3) other parts dealing with the salaries for drivers, lieutenants and captains were no more reliable. Therefore, Commissioner Gillooly stated, "so much for being provided accurate, unbiased, reliable information so rational decisions could be made." Commissioner Gillooly stated other reasons he voted for Commissioner Schecter’s salary matrix at the meeting were: the unreliable information provided by the City Manager’s office, what he thought was foot dragging on the part of the City in the negotiation process, the calculation that Schecter’s proposal was not far off from what the City Manager was going to make, and the Mayor was insisting on a vote. Commissioner Gillooly stated failure to vote on Schecter’s salary matrix would have scuttled it, and he thought that it had too much merit to be dismissed. Commissioner Gillooly stated that at the conclusion of the meeting, the City Manager cautioned the Commission that the points discussed at the meeting could no longer be discussed among themselves, since this would violate Sunshine Law. Furthermore, Commissioner Gillooly stated that it was his understanding that the Commission’s discussions were privileged information and should not be publicized prior to an open Commission meeting. Yet a few days later, the front page article appeared in the News-Journal. He noted, "so much for the agreement that such differences should not be argued in the press" and the City Manager’s claim that the details of the meeting had, by law, to be kept privileged until an opened meeting could be held. Commissioner Gillooly stated the 45% tax increase figure in the paper is a feeble attempt to create hysteria and is not going to happen. He assured the people of Ormond Beach that he will not be part of such a ridiculous tax increase. In conclusion, he pointed out that he stood for the first time on this dais about a month ago and swore to do the best he could on behalf of the people of Ormond Beach, and he reaffirmed that oath. He stated there have been discussions about the reserve fund equaling about 23% of City revenues, this despite the fact the recommended reserve fund should be about 15%. He contended that much of this money in this fund not only came from privatization savings, thanks to the astute management of the Mayor, but also from savings of about $400,000 a year directly relating to the undermanning of fire trucks, so indirectly, the firefighters have made a substantial contribution to this bloated fund. He strongly recommended that the money to fund this matrix should come from the already accumulated reserve fund. He reaffirmed that he will not vote for any tax increase that reflects the cost of this very justifiable pay raise. Commissioner Persis pointed out how unimportant all this is compared to the tragic loss of Fred Disselkoen. Commissioner Persis provided a report indicating the historical sequence of events leading to this City Commission meeting. He stated that on October 17, 1997, Commissioner Schecter announced his resignation effective March 3, 1998. He stated that in Commissioner Schecter’s letter of resignation, many complex issues were mentioned, but not the firefighters’ contract. Commissioner Persis stated that on November 3, 1997, collective barganing talks between the firefighters’ union and the City’s negotiating teams began with seven (7) negotiating meetings taking place between that date and when the union "suddenly and uncharacteristically" declared an impasse on November 26, 1997. He contended issues were being settled and moving along, and typically, the pay issue is the last and most difficult to agree upon. He stated that on December 16, 1997, Commissioner Schecter met with Bill Heric at City Hall. He stated the News-Journal reported "the firefighters’ proposed three (3) year contract was developed by Commissioner Schecter with help from the fire union." Commissioner Persis asked Mr. Miller if he saw Commissioner Schecter with Bill Heric at City Hall on December 16, 1997, the day before the Shade meeting. Mr. Miller concurred. Commissioner Persis asked Mr. Blue, if the News-Journal article is true, if that would constitute a violation of the Collective Bargaining Act. Mr. Blue answered if, in fact, Commissioner Schecter negotiated the agreement with Mr. Heric and then presented it to the Commission, this would be a violation. Commissioner Persis stated that on December 8, 1997, the City Manager called the meeting for December 17, 1997, at 7:30 a.m. and scheduled it for one and one-half hours. He stated he planned to be at the meeting for only one and one-half hours, and he understood when he arrived that Mayor Hood also had a commitment for 9:30 a.m. He stated each director gave a presentation and with about ten (10) minutes left, Commissioner Schecter interrupted and stated he wanted to distribute the salary schedule. Commissioner Persis stated that Commissioner Schecter had related he wanted the City of Ormond Beach to have the highest paid firefighters; the City has plenty of money in reserve to pay them; his proposal would give them everything the union really wanted; negotiations could be settled within a week; and he suggested a Christmas bow be put on it and given to them. Commissioner Schecter objected and stated this was incorrect. He stated that the matrix was complex, and the cost was discussed. Commissioner Persis contended that Commissioner Boyle and Commissioner Gillooly did not glance at the matrix much, and although it was recommended to come back and have another Shade meeting, but a vote was taken and it passed. Commissioner Persis stated that on December 24, 1997, the firefighters’ union amended Commissioner Schecter’s proposal to keep the shift commanders in the bargaining unit. Commissioner Persis asked Mr. Blue if this change the union made is legal. Mr. Blue stated that this issue is a non-mandatory subject of bargaining and cannot be insisted upon to impasse by the City, but can be voluntarily agreed to by the parties. Commissioner Persis asked why the Commission is in such a hurry to settle this contract which will not take effect for ten (10) months. He questioned why Commissioner Schecter would want to approximately double, for the first year, what the union had originally requested; why there is the urgency to give the union increases up to 33.3%. He stated the contract is not what concerns him, but the process in which it came about. He stated to give this to one (1) employee group and not anther is unconscionable, and he questioned the definition of highest paid, gross or net. He asked why the professional negotiating team was blocked from working out an agreement with the union, as had been done in the past. Commissioner Persis stated he believes "the shade tactics employed by Commissioner Schecter at that meeting was politics at its lowest level," and his proposal does not represent a sound business management approach. He stated it circumvents the intent of collective bargaining as prescribed by Florida Statutes, could create higher taxes without an increase in service, and potentially creates union frenzy whereby each union in the City, County, State, and Country could use the Ormond Beach example as how you can use political action to replace collective bargaining action. He stated, he too wants to compensate the firefighters better, but as long as there are doubts about the process, the vote should be delayed. Mayor Hood stated that this discussion is completely irrelevant to the question of whether the firefighters are good firefighters, whether they provide a valuable service to the community, and whether they have a dangerous job and should be paid fairly. He stated no one disagrees on this. He stated this is not the government’s money, the City Commissions’ money, the firefighters’ money, but the money of the citizens of the Ormond Beach, and there is a fiduciary duty to each citizens to make sure every dollar spent is as though it were our own money. Mayor Hood stated that the matrix was presented at 9:10 a.m., and at 9:20 a.m. the vote had been completed where the cost was represented to be only $230,000. He stated, by his calculations that could not possibly be true because there is no calculation on the impact on the pension plan or the overtime plan. He stated that on the matrix, the driver engineer makes less than a firefighter, and this will have to be corrected, which will cost more money in the long run. He stated this matrix may have provided a starting point by which a reasonable conclusion may be reached, but more time is needed to make it comfortable for all. Mayor Hood stated Commissioner Schecter stated, "we are the highest, first rate City in the County, and we should pay our firefighters first in the County." Mayor Hood stated on the Mark Bernier show, it was stated that Ormond Beach has firefighters starting at $15,000 a year; however, that starting salary is $21,700. He stated that the response time will be the same; this proposal does not involve an increase from two (2) to three (3) man companies, thereby not increasing safety; there will be no better coverage, no better turn-over; and there will be no added benefit of getting more qualified firefighters. He explained that if this were a private company who wished to pay employees more than anyone in the County, he could do that with his own money, but as a fiduciary, it is the Commission’s duty to see the money is spent wisely, justifiably, and making sure the taxpayers get some benefit for it. He also stated the other City employees are also equal participants in making Ormond Beach a first rate City, so how can he tell them they are worth less than the firefighters. Mayor Hood stated the other unions will also want to be paid on the exact same premise, reasoning and rationale as the argument for the firefighters, and it would be absolute chaos if you try to give a wide variety of increases to the different employees. Mayor Hood stated in 1991 firefighters received a 7.3% raise with 4.6% inflation rate, and in 1992 firefighters received 6% with 4.8% inflation. He stated these raises were deserved, but must be compared to what is being received in the private sector. Mayor Hood pointed out figures on a chart prepared by Lorenda Volker, Human Resources Director, which indicated that the compensation package given to Ormond Beach firefighters and driver engineers is number one (1) out of ten (10) departments in Volusia County. He further stated that out of those ten (10) departments, the monies paid to the fire lieutenants is number four (4) in Volusia County. He stated that compared to these ten (10) departments, the firefighters’ and driver engineers’ low end and high end range is the second highest in the County. He stated that the lieutenants are sixth highest on the low end and second highest at the top end, and battalion captain in Ormond Beach is the second highest on the low end and the highest on the top end. Mayor Hood stated that the average base salaries for firefighters is fourth out of ten, driver engineer is second, lieutenants is first, and battalion captains is first. Mayor Hood contended when it is said that Ormond Beach firefighters are not being paid a fair wage, it simply is a falsehood that can be confirmed by the numbers. Mayor Hood further stated that the base salary is really not what firefighters make; they make base plus automatic overtime and certification pay. He stated the Finance Director has given him the average salary of a firefighter to be at $35,936, not including the fact that with all of this program, it does not include ALS which would be another $3,200 per person. Mayor Hood stated the 18.8% increase is immediate the first year with each year of seniority adding an automatic pay bump. He stated that under this agreement, if one of the other cities becomes the highest paid firefighters in the County, Ormond Beach firefighters would get that additional percentage to bring their salary up to that salary. Mayor Hood stated his preference to spend the contingency fund is to accelerate the road, drainage improvement program and sidewalk programs which are tangible benefits citizens can see. He explained that 75% of government costs go for personnel, and that consistent with the past history, every year Ormond Beach’s income from increased ad valorem fees equals $300,000 per year, but with this plan there will be an additional overhead expense of $800,000 this year. He stated that unless there is a contingency fund that will continue to fund this project, taxes must be increased or services decreased. He again stressed that if this money were individual’s own money, would this program be passed when there is no increased coverage, no ALS, no safety, and no extra ability to keep and hire qualified people. He stated this community does not have unlimited resources, and if you take money from one place, you must take it from someone else. He concluded that firefighters need to be treated fairly, but the City Commission’s first obligation has to be to all citizens. Commissioner Schecter qualified that the motion and the second include the ratification plan as voted upon by the firefighters’ union.
Item #11- Reports, Suggestions, Requests Honoring Fred Disselkoen Commissioner Boyle stated Fred Disselkoen was a pillar of Ormond Beach who will be missed. He stated that he will remember Mr. Disselkoen in reference to the last time they spoke where he stated he went fishing with his boys the day of the Gator game because quality time with his family was more important than his "beloved Gators." Commissioner Schecter echoed Commissioner Boyle’s comments regarding Fred Disselkoen. Procedure for Hiring of a New City Attorney Commissioner Schecter asked for Mayor Hood’s guidance to ascertain the process of replacing the City Attorney and asked it be place on the next agenda for immediate consideration. Mayor Hood requested that Mr. Miller place this issue on the next agenda. Firefighters’ Contract Commissioner Schecter requested that Mr. Miller’s comments be copied and placed in Mr. Miller’s file. He stated that he has always been supportive of the City Manager which is reflected in his evaluations where his are usually among the highest of the Commission for Mr. Miller’s leadership skills, his ability to work with other staff members and his providing of information to the City Commission. However, Commissioner Schecter stated he feels that in the last seven (7) or eight (8) days that has been jeopardized considerably, and he also feels Mr. Miller’s credibility is now in question. Commissioner Schecter asked Mr. Blue if the memorandum submitted by staff in the packet was an illegal document; whereby, Mr. Blue explained that he was on vacation and did not return until yesterday, so there was no opportunity to have any discussions in the interim with Mr. Miller until today. Mr. Blue continued that he did not attend the December 17th meeting, he had not been involved in the negotiations at all, and when he saw the recommendation, it immediately occurred to him that there may be a problem. He stated he needed to do some research, and then at that point in time, after reading staff’s recommendations, he concluded that the only way Mr. Miller could effectively offer the two alternatives was, at the same time, to recommend that the contract not be ratified, and, as a Chief Executive Officer, he does not have the option to recommend that the contract not be ratified. Mr. Blue summarized that Mr. Miller cannot make a recommendation to elect one of the two alternatives, because to do so would, in effect, require a recommendation to reject the contract. Commissioner Schecter asked when Mr. Miller was told he could not make that recommendation. Mr. Blue answered that he informed Mr. Miller this afternoon, that Fred was the one who had worked with him, and unfortunately Fred was deceased at that time. Commissioner Schecter stated his concern that staff had not done their homework and tried to put together a package that they felt was fair and reasonable. He stated he didn’t feel the staff report was fair for the things that were left out of it and that Mr. Miller was interfering with Commission policy by making public comments that were not in accord with the majority vote of the Commission. Commissioner Schecter stated he needs some time between now and the next meeting to think about some things Mr. Blue mentioned and, if there is further reason to consider anything else, he will bring it up at that time. Commissioner Gillooly stated that Mr. Kelley made the point that he received 67% of his campaign funds from firefighters, which is plainly not true and is a matter of public record. He stated that another erroneous statement made on the Mark Bernier show the day after the election by one of Mr. Kelley’s supporters was that he had received $25,000 from the Teamsters. Commissioner Gillooly stated that Mr. Crump made accusations that Mr. Heric had campaigned for him; but Commissioner Gillooly pointed out that Mr. Heric lives in Tomoka Oaks, making him a citizen of Ormond Beach, and he has every right in the world to campaign and is entirely legal. Commissioner Gillooly contended that what is illegal is for a developer who backed Mr. Kelley to put an illegal sign up on the corner of Nova Road and SR40, so if suggesting that because Mr. Heric campaigned for him would mean that he is "in the pocket of Mr. Heric," then you better think of Mr. Kelley being "in the pocket of the developer." Commissioner Gillooly explained that the luncheon mentioned where the Commissioners were in attendance was on a Saturday where there were 100 people in attendance, where Commissioner Persis stopped in for a moment, and where Commissioner Boyle sat at a table across the room. He stated possibly five (5) words were spoken to him all afternoon, which had nothing to do with this contract. He added that this lunch occurred following the Shade meeting, not before it. Mr. Miller pledged to the citizens that one of the tenets of the Code of Ethics of the City Manager states that the City Manager will uphold and implement local government policies adopted by elected officials. He stated that the City Commission has adopted a policy, and he will uphold and implement this policy to the best of his ability. Appreciation for Attending Meeting Commissioner Persis expressed his appreciation to all who attended this City Commission meeting and for their support regardless of which side of the issues they represent. Item #12 - Close The Meeting The meeting was adjourned at 10:50 PM. |
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