|
|
|
|
|
| ||||
|
|
JANUARY 20, 1998 7:00 PM Present were: Commissioners Jeffrey J. Boyle, David Schecter, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, Assistant City Attorney Randy Hayes, and Loretta Moisio, Support Services Coordinator. A G E N D A
Item #1 - Call to Order Deputy Mayor Gillooly 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 Commissioner Gillooly led in the Pledge of Allegiance. Item #4 - Approval of Minutes Commissioner Gillooly advised the minutes of the January 6, 1998, 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 - Audience Remarks Boat Speeds in the Manatee Sanctuary Ms. Mercedes McCallen, Vice-President for Citizens for Ormond Beach, 40 Longfellow Circle, stated she is speaking for herself and the Honorable Dick Graham. She commended the City of Ormond Beach for caring enough about boating safety, property erosion, and manatee protection to adopt the Manatee Sanctuary Designation in its Comprehensive Plan. Representative Dick Graham endorsed the City of Ormond Beach’s manatee sanctuary and obtained a State designation for the sanctuary. Ms. McCallen stated that Volusia County has drafted a Manatee Protection Plan where the proposed boat speeds would increase from that of Ormond Beach’s Plan. She requested the City not change the boat speed designations in Ormond Beach to those that are proposed in the Volusia County Plan. Commissioner Boyle asked that a letter be sent from the City to Volusia County clarifying its position regarding boat speeds and request they remain as previously mandated by the City of Ormond Beach. Cell Phone Use at City Commission Meetings Ms. Muriel Nicastro, 6 Mimosa Trail, stated that at the last City Commission meeting, the Chambers were rather crowded and she found the ringing of cell phones and the conversations on them to be very distracting. She stated that the business the Commission is conducting is very important and citizens need to hear the proceedings. Ms. Nicastro requested cell phones not be allowed in government meetings except for those belonging to physicians, police or fire personnel or others dealing with emergencies. Commissioner Schecter asked Mr. Miller to prepare a report with the help of a survey conducted by the City Clerk to determine what other municipalities’ regulations are regarding cell phones to be presented at the next meeting. Commissioner Boyle suggested considering that in the instructions at the beginning of each meeting, the Mayor ask everyone to turn their cell phones off. Garage Sale Permits Ms. Elizabeth Caven Wilhelm, 12 Edgewood Way, stated she recently learned that the City keeps no physical record of garage sales, but relies solely upon employees’ memory to determine if a citizen has been issued a permit for a garage sale in that year. She recommended someone keep a record of garage sales permits issued. Mr. Ted MacLeod, Public Works Director, stated records had not been kept in the past, but when he was made aware of Ms. Wilhelm’s concerns, he instructed staff to keep a record which is now being done. One Cent Sales Tax Mr. Stan Rosevear, County Council District 4, stated the Volusia County Council will consider placing the one cent sales tax on the ballot for the voters, possibly in June. Mr. Rosevear requested the Commission enter into dialogue among themselves and other community organizations to identify those projects worthwhile to Ormond Beach. He stated that the total share to the County would be $40 million which would be split $20 million for Volusia County and $20 million for the cities, with Ormond Beach receiving approximately $2 million. Mr. Rosevear estimates the County Council will vote in February to place this item on the ballot and by mid-March a firm package should be prepared. He stated the targeted projects need to be viable, where the taxpayer can see the benefit, and that an oversight committee should be appointed and a time limit set. Mr. Rosevear sees this tax as the least expensive, most viable method of obtaining some needed infrastructure. He related that at least 20% to 30% will be paid by people who do not live in Volusia County, but use the services. He stated some of the needs Volusia County has earmarked is a courthouse for West Volusia, and parking areas with conservation zones. He offered to come back at any time to discuss this issue. Commissioner Persis asked what the time table would be. Mr. Rosevear stated he favors June, but the entire Council has not yet been heard from. He stated that information should be gathered for a final product at the end of March to place on the June ballot. Commissioner Boyle expressed his appreciation to Councilman Rosevear for coming and congratulated him for being elected Chairman. Commissioner Boyle stated that he has been talking to citizens regarding this issue and is having trouble fining support for this proposed increase. He related the last increase was earmarked solely for education, which turned out to be a misrepresentation. He admitted $10 million over five (5) years is quite enticing, until considering how much of those funds will originate in Ormond Beach. He stated he does not believe the taxes will be collected from tourists because they do not buy automobiles, furniture or appliances in Volusia County. He contended that the heaviest burden always falls on the lower income groups and sales taxes are regressive. Commissioner Boyle stated that if tourists are the true target to help pay these bills, he recommends a bed tax on motels. He added Ormond Beach residents are still waiting for the County to deliver on some of the promises from the County regarding off-street parking; therefore, there is a level of trust problem. He also stated that the restrictions on the approaches on the North Peninsula have caused animosity in his district which makes it difficult telling citizens the City is going to be partners with the County on a sales tax. Commissioner Boyle related another concern is the recent failure to form the interlocal committee; thus, not allowing the City to have open dialogue of communication with the County. He stated the last time a one cent sales tax was attempted in Volusia County it failed, and a similar tax failed in Orange County despite intense lobbying, and for these reasons he would have a problem supporting this tax. Mr. Rosevear stated he did not expect the Orange County tax to pass because there is a credibility gap in government with a special credibility gap in school government and the people were promised their problems would be fixed by the legislature without the tax. Commissioner Persis stated it is premature to have a closed mind on this issue. He stated it should be discussed among the Commission and the citizens. Commissioner Persis stated this could be a way to accelerate projects such as stormwater management, road paving, and sidewalk plans. Harmony In the City Commission Mr. Joseph Thompson, 356 Chardon Road, related his concern regarding some of the comments made at the January 6th City Commission meeting. He stated business should be done fairly and honestly without accusations. He understands there will be disagreements, but the personal attacks are unnecessary. 7-11 At Hand Avenue and Nova Road Mr. Joseph Thompson stated he made two (2) unsuccessful attempts to get City staff to address the situation where the sidewalk is completely covered with water when it rains or when people water their grass, making the sidewalk/bikepath unusable. He stated this issue should be addressed and corrected before a Certificate of Occupancy is issued. Mr. Thompson stated that since the City of Ormond Beach inspected the property and gave their stamp of approval, correcting the problem should be the responsibility of the City. Ms. Judy Sloane, City Engineer, stated this property was not inspected by Ormond Beach since it is not located within the City of Ormond Beach. Promotions From Within Mr. Joseph Thompson stated that recently the City hired an Environmental Code Enforcement Officer. He recommended the Commission make it a policy to promote from within where qualified people are already working for the City and are willing to serve. He stated there is a qualified employee who has been with the City for twenty-three (23) years, but was not promoted, and instead the City went outside to hire this employee. He contended it is not fair to the hard working employees to toil for the City many years and not even be considered when a promotion becomes available. He stated that the City Commission sets policy and the City Manager enforces that policy. Mr. Thompson encouraged the City Commission to adopt a policy to promote from within wherever possible. Motor Homes and Carports Ms. Irene Cooney, 6 Alexander Court, Oakforest Subdivision, stated that the City does not follow through on enforcing its own ordinances, especially regarding motor homes and carports. She stated a City ordinance stipulates that no motor home shall exceed ten (10’) feet, yet her neighbor has a twelve (12’) foot motor home, which the City is reluctant to have moved into a storage area. She also stated that in May, 1996, the City issued a permit that also does not comply with City ordinances. She related a City ordinance clearly states that all materials, including roofing, shall be similar or complementary to be consistent with the materials used in the principal building with regards to type and color. Ms. Cooney stated that the carport in question was erected in aluminum, which is not compatible, plus the roof line does not conform to that of the house which is a brick face building with a vinyl siding and a shingled roof. Ms. Cooney stated that when her neighbor applied for this permit, he stated he had a ten foot, four inches (10’ 4") high motor home; however, when the carport was erected it was obviously for a twelve (12) foot model. She asked if this application was fraudulently applied for, and why it was not inspected. She stated the permit granted was for a carport, not the parking of a motor home. She stated that City Hall has created a dispute amongst neighbors because they do not uphold their own rules. Further, Ms. Cooney stated the City has permitted this same person to build a garage 36’ x 34’ x 38’x 10’. She stated that this neighbor was conducting an auto repair shop in a residential area. Ms. Cooney explained that her husband was advised, by City Hall, to take pictures and document the auto repair situation, and in so doing there has been retaliation. She stated that the surrounding properties have been devalued. Ms. Cooney explained that there are storage areas close by for people to store their motor homes and asked the City to move on these issues. Commissioner Gillooly suggested Ms. Cooney meet with Ted MacLeod, Public Works Director, to discuss this matter. He asked Mr. MacLeod to report back to the Commission on the outcome of that meeting at the next City Commission meeting. Honoring Boy Scouts Commissioner Gillooly honored Boy Scout Troop #422 by presenting them with "Keys to the City." Fortunato Park Commissioner Gillooly read a letter sent by Ms. Elizabeth O’Donnell, 1 John Anderson Drive, who stated she is a resident of the Ormond Heritage Condominium and expressed her sincerest gratitude to the Commission and others involved in the creation of Fortunato Park. She expressed special appreciation to Commissioner Boyle and related how much she and other residents of the Ormond Heritage Condominium enjoy the Park. Commissioner Boyle stated that a resident of Ormond Heritage Condominium is willing to bear the cost of placing two adult bench swings in Fortunato Park. He stated he would like to discuss this matter at some point. Item #6 - Consent Agenda Commissioner Gillooly 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 6(H) first and then 6(D) be discussed separately. Commissioner Schecter moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Items 6(D) and 6(H).
Item 6(H) Renaming "Riverfront Park" as "Cassen Park" Mr. Monk Noell, 1 John Anderson Drive, and owner of Billy’s Tap Room, stated he represents the Ormond Beach Historical Trust and Harold Briley, II, in urging the City of Ormond Beach to rename "Riverfront Park" to "Cassen Park" in honor of Ormond Beach’s former mayor for sixteen (16) years, Ernest Cassen. He stated Mayor Cassen was a City Commissioner for ten (10) years prior to his tenure as Mayor. He stated Mayor Cassen did many things in which Ormond Beach is now reaping the benefits of his labor. Mr. Knoll read a letter from Mrs. Robinson, President of the Ormond Beach Historical Trust, strongly urging the Commission bestow this honor on Mayor Cassen. Harold Briley, 312 North Beach Street, wholeheartedly endorsed Mr. Knoll’s recommendation. He reiterated that Mayor Cassen was a great leader and a great man. Jay VanRhee, 11 Hudson Falls Drive, stated he had the pleasure of serving with Mayor Cassen and agrees he was a great leader in Ormond Beach. He reminded the Commission that Charles Bailey also served the City for many years and should not be forgotten. Commissioner Boyle expressed his appreciation to the speakers and Mrs. Robinson for their comments. He thanked Mr. Briley for spearheading this issue and recommended approval of the Resolution. RESOLUTION NO. 98-19
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-19, as read by title only.
Commissioner Gillooly stated that while he has no reservations in naming this park for Mayor Cassen, he requested a policy be formulated with guidelines for naming parks in the future. Mr. Miller stated the proper process to follow would be to submit this item to the Planning Board for their input. Item 6(D) - Improvements to Williamson Boulevard RESOLUTION NO. 98-15
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-15, as read by title only. Commissioner Boyle explained that this is basically a joint project agreement between the City of Ormond Beach and Volusia County to widen a portion of Williamson Boulevard that extends from SR 40 to Hand Avenue. He related the lanes would be widened to eight (8) lanes at the intersection, six (6) lanes at the center portion, and four (4) lanes into Hand Avenue which would require a relocation of utilities, specifically the potable water, the raw water and the sewer lines. He indicated that the cost of the relocation of these utilities would be borne, in part, by the City. Commissioner Boyle stated that the cost to the City would be $155,000 for the widening of this road, and no tax increase would be required as funds are already budgeted or would be transferred. He stated that this is a prime example that growth does not pay for itself and finds it interesting that this item does not draw the howls of protest that was heard last meeting where twice as much funds are being spent; however, he must vote in favor of this Resolution because the present roads are already unsafe and because new growth for that area has already been approved by government agencies. Commissioner Boyle asked to place on the record that this is the first of many bills that will come due in paying for growth and will give insight as to why County government is seeking increases in sales taxes.
Item #7(A)- Adult Day Care Facility at Genesis Nursing Home/Assisted Living Facility Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(A). The motion carried unanimously. RESOLUTION NO. 98 - 21
Commissioner Schecter moved, seconded by Commissioner Persis, for approval subject to the comments of the Site Plan Review Committee, of Resolution No. 98-21, as read by title only. Mr. Clay Ervin, Planning Director, stated that in 1995 Genesis Heath Ventures, Inc., requested a Conditional Use Permit (CUP) for an Assisted Living Facility and a Nursing Home. He stated the day care use was not originally specifically requested. Mr. Ervin indicated that since the day care was not on the CUP, staff was not going to allow the day care, but the applicant has been able to prove that the staff allocated for the different uses were to be cross-used for this facility. Mr. Ervin stated this use is logical, but staff was concerned regarding the impact of traffic patterns, parking and drop-off areas. He stated the applicant already has adequate parking and drop off areas; therefore, staff is recommending approval. Mr. Ervin stated the numbers offered by Genesis for caregivers per patient are the industry standards.
Item 7(B)- Potable Water Rules Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(B). The motion carried unanimously. ORDINANCE NO. 98 - 1
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-1, on second reading, as read by title only.
Item #8(A) - Non-conforming Uses ORDINANCE NO. 98 - 2
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-2, on first reading, as read by title only.
Item #8(B) - Garage and Carport Standards ORDINANCE NO. 98 - 3
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-3, on first reading, as read by title only.
Process to Select a New City Attorney Commissioner Boyle expressed his appreciation to staff for the thoroughness of information provided. He stated he is opposed to embarking on a long, drawn-out recruitment process for a City Attorney that would be expensive and time-consuming and would not necessarily guarantee that a better candidate could be found than the current Assistant City Attorney, a man who is already trained and ready to go. Commissioner Boyle stated Mr. Hayes, Assistant City Attorney, knows the job, knows the people that have contact with the Legal Department and deserves the highest praise for his performance during the past four (4) weeks under the most difficult of circumstances. Commissioner Boyle stated although Mr. Hayes has not lobbied for the position, his credentials make a strong case for promotion from within. He stated the timing right now is urgent because the Commission cannot allow the legal work or the Legal Department to fall months behind. Commissioner Boyle moved, seconded by Commissioner Schecter, to appoint Randy Hayes permanent City Attorney with contract terms ready for approval at the next meeting, with such terms for the permanent appointment to be retroactive to January 1, 1998. Commissioner Schecter stated he seconded that motion wholeheartedly and agreed the matter is urgent. He stated he also appreciates staff’s extremely thorough report. He stated Mr. Hayes is an absolutely outstanding candidate for this job. Commissioner Schecter stated that for reasons of morale, as well as for reasons of good administration, he supports those candidates from within who are best for the job, as Mr. Thompson mentioned earlier, and in this case there certainly is a candidate who has worked in the trenches with Fred Disselkoen on numerous issues, knows them backwards and forwards, and has done a fantastic job for this City. He continued that he worked with Mr. Hayes personally on several issues and been with him at board meetings and Mr. Hayes has always been 100% professional as well and has an excellent demeanor when it comes to dealing with the public. Commissioner Schecter stated that he has been impressed by the way that when he has sent constituents to talk with Mr. Hayes to get further details on projects, he has always giving them his time and has done so very professionally. He continued that when he hears a report back from citizens on the good work of a staffer, he knows that that is something special, so for these reasons he supports 100% what Commissioner Boyle has recommended. Commissioner Schecter asked Commissioner Boyle to consider adding to the motion that a report be given to the Commission in thirty (30) days, if Mr. Hayes is approved tonight, with any structural suggestions that he has for the department as far as number of personnel in the Legal Department. Commissioner Boyle agreed with Commissioner Schecter’s amendment. Commissioner Persis also commended Mr. Hayes for stepping in, not just in the last couple of weeks, but all the other times when he was needed and Commissioner Schecter stated he knows Mr. Disselkoen was proud of Mr. Hayes and would be proud of what’s going on this evening. Commissioner Persis stated that since the City Attorney serves at the pleasure of the Commission, there are issues that would need to be resolved, such as salary. He asked if Mr. Hayes would be hired on an interim basis or permanent, will his contract be on an annual basis, and if so, when will it start and stop. Commissioner Boyle stated that these concerns are addressed in his motion by stipulating that at the next City Commission meeting contract terms would be ready for approval and Commissioner Schecter also recommended that any ideas Mr. Hayes has on the future structure of the Legal Department would be ready in 30 days, or in two (2) meetings. Commissioner Gillooly also agreed Mr. Hayes does an outstanding job. He stated he does not think the City should go outside for someone, in this particular case, because the City already has a very capable man right on board and a nation-wide search would be self-defeating. He agreed that time is of the essence. Commissioner Gillooly suggested Mr. Hayes give the Commission a salary proposal by January 27, 1998. Commissioner Gillooly further amended the motion to add that once the Commissioners have this in hand, they would then meet to discuss this salary proposal some time that’s mutually convenient on the 28th, 29th, or 30th. He stated that at the same time, he would ask that Human Resources provide a report by the 27th on comparable salaries for City Attorneys in cities the size of Ormond Beach and in neighboring communities, so the Commission has something to work with. Commissioner Boyle agreed with Commissioner Gillooly’s suggestion. Mr. Randal Hayes, Assistant City Attorney, stated any meeting collectively would have to be a public meeting. Commissioner Gillooly asked that if salaries are discussed, is it necessary to meet publicly? Mr. Hayes answered any collective meeting must be public. He suggested that if the Commission wishes to meet with him individually, that he would be happy to meet with them or the Commission can meet collectively if it were advertised and open to the public. Commissioner Persis stated he does not see the need to meet, and Mr. Hayes could fax the information to the Commissioners and discuss it at the Commission meeting on February 4th. He recommended placing this item on the next Commission agenda. Commissioner Boyle stated the Commission has parameters for salary. Mr. Miller stated the salary Mr. Disselkoen was making is budgeted. Mr. Hayes stated his secretary prepared a salary survey, but it was not completed until late that evening; therefore, it is not in a format to be distributed. Commissioner Schecter stated for clarification, the Commission will be looking forward to, by January 27th, a package of materials for this Commission to consider: a salary survey as well as contract proposals. He stated that at the following meeting, suggestions will be made for structural changes. Mr. Miller asked if Mr. Hayes or Human Resources was to prepare the informational packet. Mr. Hayes offered to work with Human Resources.
Item #9(B)-Documentary on the History of Central Florida Commissioner Gillooly advised that the applicant asked this item be withdrawn at this time. Item #10- Reports, Suggestions, Requests City Manager Evaluation Request Commissioner Boyle made a formal request to conduct an evaluation of the City Manager at the next meeting on February 4th. He related that this would enable five (5) qualified evaluations prior to the election of a new Commissioner and preclude having to wait until late fall for that evaluation. He indicated that the Mayor failed to submit an evaluation last June and this would afford him the opportunity to participate. He asked that the City Manager provide the appropriate evaluation instruments and that the reports be compiled by the City Commission and by the City Manager’s office ready for Commission discussion on February 4th and he requested to make that in the form of a motion. Commissioner Schecter seconded the motion. Commissioner Persis pointed out that according to the Thompson Rule, a vote must be postponed until it can be placed on an agenda. Commissioner Boyle countered that this comes in the form of a request. Commissioner Persis argued that it would be best to place it on the agenda for the next meeting and then discuss it after that. Commissioner Boyle stated that if that was the proper procedure, he would agree with Commissioner Persis. He stated that a motion is not necessary to request an item be placed on an agenda; therefore a vote need not be taken. Commission Protocol Commissioner Boyle stated that Commission protocol has now come under public scrutiny. He stated it is damaging to the City, the City Commission, and the citizens when Commissioners become the issue. He advised that each Commissioner has a responsibility to be accountable to the oath of office, to the people who elected them, and to explain their votes. Commissioner Boyle stated that when the Commissioners speculate on the motivations of the votes of fellow Commissioners or make interpretations of political pressure being used, they have gone out of bounds. He added Commissioners’ responsibilities are to represent the will of the majority and he stated he feels all five (5) members of the City Commission have carried this out truthfully, faithfully and honestly. Commissioner Boyle indicated the public is disappointed in this City and its Commission and in the way business has been handled. He warned, "if you are going to point the finger at someone publicly, I think you had best be sure that your own house is in order." Commissioner Boyle stated he hopes this City Commission can move on professionally as they have in the past and regain the protocol that the public expects from each Commissioner. Commissioner Gillooly stated that after fifty (50) years of his adult working life, he has never been as vilified as he has the last two (2) weeks. He stated he is not complaining and that when he ran for office, he knew, "you have to take some knocks." Commissioner Gillooly informed the public that he is in for the duration and will take the heat. He admitted he may make mistakes, but stated, "don’t question my integrity because everything I have ever thought of has been for the good of the people of Ormond Beach." Appreciation for Harold Briley’s Efforts Commissioner Schecter expressed his appreciation to Harold Briley for his many years of active interest in Ormond Beach government and by serving on its boards. He stated Mr. Briley garnered public support to bring the issue of changing Riverfront Park to Cassen Park before this Commission. Commissioner Schecter thanked Mr. Briley for all he has done for the City of Ormond Beach. Firefighter Issue Commissioner Schecter read a letter and asked a verbatim transcript of the letter be placed in the minutes of January 20, 1998. To: Mayor Dave Hood From: Commissioner David Schecter Date: Jan. 20, 1998 Please publish a verbatim copy of this letter in the minutes of the Jan. 20, 1998 City Commission Meeting. ______________________________________________________________________________ I have been reading all about myself lately in the Daytona Beach News-Journal and I feel compelled to set the record straight and clarify several misrepresentations relative to recent negotiations that have transpired between the City of Ormond Beach and Firefighters Local 3499. My relationship with the firefighters and their representatives has been extremely positive and well documented. One only need to look at News-Journal articles from 1994 to show how the firefighters supported my candidacy then and how I public supported a "fair living wage" for public employees. I was reelected in 1995 on a similar platform that included support for all city workers. This position was publicly noted in News-Journal stories of October 5, 1994, October 17, 1994 October 19, 1994; throughout the 1995 campaign and as recently as September 15, 1997. For the News-Journal (or certain individuals) to suggest that I am just "now" supporting City employees indicates the newspaper doesn’t read its own print. In articles from January of this year, allegations have been leveled in the paper concerning recent labor contract negotiations. Why negotiations now? It should be noted that the opening of this year’s contract was requested and initiated by city staff to facilitate the cost analysis of several Volusia County fire stations. It was anticipated that the City of Ormond Beach would contract with the County to better serve several local areas - the complete analysis of this expended service and a staff recommendation will be coming to this Commission next month. To further clarify the circumstances surrounding this year’s contract talks, it is necessary to explain that for the City to take certain positions in those talks, Florida law allows for the City Commission to conduct "Shade Meetings." These meetings, prescribed by law, are for the sole purpose of discussing labor issues and protecting the City’s position from being "made public" before any labor bargaining units have an opportunity to receive the official City position and respond. To reiterate, this year’s talks were necessitated by the city dealings with Volusia County, and were requested neither by me nor the firefighters. In an article of January 3rd, 1998, much was written about my open disclosure that I spoke with firefighters in preparation of the December 17th "shade" meeting. Did I meet with senior city staff and firefighters to gather information on wages, morale and workplace conditions prior to the scheduled "shade" meeting on the 17th? Absolutely. I met with City Manager Gene Miller at least once and I met with Lieutenant Bill Heric of the fire department, at City Hall, on December 16th. I consider it a vital part of my job to do as much homework as possible before every meeting to learn the issues involved and have a chance to formulate my own personal position before meetings with the rest of the commission. I have been involved with 4-5 "shade meetings" over nearly four years in office and I approach each one in the same way I approach City Commission meetings, workshops, leadership retreats and the like: "learn what you can and be prepared to discuss the specific issues." This issue was no different. I am deeply concerned that the article of the 3rd did not mention whether or not other members of the City Commission engaged in similar fact-finding discussion prior to our "shade" meeting (all of which are perfectly legal and proper). Ironically, and hypocritically, the two members of the current City Commission most critical of my philosophical positions on labor issues and this year’s talks - Commissioner Carl Persis and Mayor Dave Hood – also met with union representatives before the shade meeting. This has never been reported, and Commissioner Persis and Mayor Hood have never acknowledged these meetings publicly. Shouldn’t the News-Journal have questioned my accusers if they ever talked to union representatives before the meeting and if so what was the content of those discussions? The fact is, Commissioner Persis met with Mike Roberts, Political Chairman of the Firefighters Union, prior to our "shade" meeting, on December 11th, but conveniently omitted this information during his recent criticism of me. Discussions at that meeting included: wage issues, shift details, pay ranges, step increased, pay matrices and the like. The fact is, Mayor Dave Hood also spoke with union representatives the day before the "shade" meeting. The exact same morning that I had the meeting with Bill Heric mentioned earlier, Mayor Hood met, in the same room, with President Heric and Union Vice President, Jim Shaw. Discussions at that meeting included: wages, pay ranges, step increases, the pay matrix and other labor-related issues to be discussed in the "shade" meeting. I have never accused Commissioner Persis or Mayor Hood of "negotiating" with the union. I have not criticized them for not "inviting" the "public" to their meetings. No commissioner should be accused of "developing " an entire "three-year contract;" as no, single commissioner can represent the city position or develop a contract. We work together, as we should. I have been terribly concerned, moreover, with how personal particular comments have become lately. As a public figure, I have gotten accustomed to having my positions attacked occasionally on topical issues, but I do not appreciate my integrity and motives being questioned - particularly by colleagues. Some individuals have shown an unusual eagerness to criticize that appears to be politically motivated. In particular, Commissioner Persis stated, on January 6th, his concern with me "sidestepping the city’s labor negotiators by talking to the labor union representatives…" Apparently, his own "talking" with "labor union representatives" was not "sidestepping" the negotiating process. He also went so far as to say that I employed "shady tactics," insinuating "the lowest form of politics." With these, most recent revelations of Commissioner Persis’ keeping from the public the fact he even had a pre-"shade" meeting of his own, or of the facts of that meeting, indicates there may exist a lower form of politics than the one he first described. But things got worse. In the potentially slanderous article crafted for the January 15th News-Journal, the paper "may" have crossed both ethical and legal boundaries. I use the word "may" here in the same convenient way the News-Journal used the word "may" many times in its article to discuss the process of contract approval. The facts, again, were that the proposal introduced was supported by the majority of the commission and that specific questions relevant to "who" said "what" had been asked and answered at our January 6th Commission meeting. The newspaper’s accusations, in print, that members of the commission "may" have "violated" state laws or "the collective bargaining law" is fallacious and a misrepresentation of the facts. The fact is, I had extensive discussions last week with the City’s labor attorney, Jim Blue, a specialist in such matters. Concerning my meeting with labor representatives, Mr. Blue assured me there has been no wrongdoing. There was no violation of state statute. There was no violation of the collective bargaining law. My meeting was perfectly proper. Interestingly, I learned last Friday that Commissioner Persis and Mayor Hood had neglected to inform Mr. Blue that they had conducted similar meetings with labor representatives prior to the "shade meeting. Were there mistakes made on this issue? Yes. As I mentioned at the last commission meeting, it was not legal for the City Manager to make recommendations in his staff report on contract ratification or to suggest how the Commission may want to proceed. His only legal position was to recommend support of the contract, which he failed to do. He tried to correct this mistake at the January 6th meeting when he officially changed his position to that of "support," but this came too late to have any meaningful impact. I believe that by publicly commenting on this issue and taking a public position against that of the majority on this Commission, the City Manager irreparably damaged his reputation. I have spoken with Mr. Miller privately about this issue since our last meeting and I am confident that he has learned from this experience and therefor, I don not feel a need to further pursue official action. After these official comments of mine are placed into the record, I will have no further comments to make concerning any innuendoes, insinuations or accusations made by the News-Journal, members of this body or anyone else - and I consider this issue closed. If anyone has anything further to say on this issue concerning me they should use official, legal channels - anything less is political posturing and rumor-mongering. This city must move on. Can our city return to a more collegial atmosphere, where personal sniping is replaced by professional dialogue? I think so. Can the citizens of our community believe in the government they have elected and the staff assembled to administer the public trust? Absolutely. Can peace prevail? Yes. I wish to extend my hand right now in a gesture of friendship and show my intentions for reestablishing harmony and my true desire to move onward. The time for healing is upon us. Our citizens deserve nothing less. ______________________________________________________________________________ Commissioner Persis stated he was surprised by Commissioner Schecter’s comments and will be prepared to respond fully at the next meeting. Code Enforcement Policy Commissioner Persis requested the Commission examine Ormond Beach’s code enforcement policy. He stated that numerous warnings are issued while law-abiding citizens have to contend with the results. Commissioner Persis asked this be placed on the agenda for the February 17th City Commission meeting. He asked research be done regarding how other cities handle code enforcement. Mr. Hayes stated that for the last several months he and Mr. Disselkoen were in the process of revising the Code Enforcement Ordinance using the County Court System to process certain code violations. He stated a meeting was held with all of the County Court Judges and the Chief Circuit Judge who had a somewhat different ideas as to how they preferred to utilize the code enforcement process. He stated that at another meeting with Mr. Disselkoen, a special master system was suggested where a method would be developed to give the offender the option to pay a fine through the Finance Department in lieu of appearing before a special master. Mr. Hayes indicated that the Code Enforcement Statute does not set parameters for such a system, although there are a few municipalities throughout the State that operate on one and these systems are being examined. He stated that, unfortunately, this project was not completed before Mr. Disselkoen’s death and he has been unable to return to the project due to other priorities. He stated that when the department gets back on track, he will be able to present a complete system to the Commission he believes they will be pleased with. Commissioner Gillooly agrees that the codes need to be "tightened up," and he feels this is a week point in Ormond Beach policy. Garage Sale Permits Commissioner Persis stated he is pleased to know staff is now keeping track of garage sale permits. Introduction of New Police Chief Mr. Miller introduced the new Police Chief, Larry Mathieson. Support for Mr. Hayes Mr. Hayes expressed his appreciation to the Commission for their support for his appointment as City Attorney. Item #11 - Close The Meeting The meeting was adjourned at 8:30 PM. |
|
|
