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FEBRUARY 4, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David Schecter, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #2 - Invocation The invocation was given by Reverend A. Walker, Mt. Calvary Independent Freewill Holiness Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the minutes of the January 20, 1998, regular meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis moved, seconded by Commissioner Boyle, to approve the minutes as submitted.
Item #6 - Employee-of-the-Year Award Mr. Eugene Miller, City Manager, stated that each year an Employee-of-the-Year is chosen from the four employees honored as Employee-of-the-Quarter of that year. He announced that Jayne Timmons was chosen as Employee-of-the-Year for 1997. Mr. Miller explained that Ms. Timmons is employed in the Human Resources Department as Office Manager and exemplifies the City’s dedication toward customer service. Mayor Hood presented Jayne Timmons with a plaque designating her as the 1997 Employee-of-the-Year, a gift certificate to the Olive Garden, and an award for her desk. He informed Jayne that her name will be engraved on the plaque to be placed in City Hall. Mayor Hood stated that Ms. Timmons is friendly, helpful and cooperative, and the City is fortunate to have her as an employee. Item #6 - Audience Remarks The Vin’Yard Ms. Muriel Nicastro, 6 Mimosa Trail, applauded the City Commission for their speedy conclusion to the concerns regarding The Vin’Yard mentioned at a previous City Commission meeting. Cost of Expansion Mr. Ed Kelley, 8 Tidewater Drive, distributed a chart depicting the tax benefit to Ormond Beach from new development at the intersection of Williamson Boulevard and Granada Boulevard on twelve (12) parcels of property from 1987 to 1997. He stated at the last City Commission meeting, Commissioner Boyle stated that growth does not pay for itself. Mr. Kelley pointed out that in 1987 these twelve (12) parcels remitted no taxes to the City, but in 1997 these same parcels remitted $96,671.39. He stated that at this point, the City has realized $307,307.13 from these properties, not including impact fees and permit fees. Mr. Kelley added that the franchise and utility taxes from only two (2) parcels (WalMart and Towne Square) generate approximately $200,000 per year to the City of Ormond Beach. He stated these properties have benefited the citizens of Ormond Beach and that growth, whether in the City or County, will exist, and whether Ormond Beach takes the tax revenue from this growth is up to the Commission. Commissioner Schecter arrived at 7:08 PM. Neglect of Zone 2 Mr. Kelley stated that he has been made aware of certain points in the recent election where a statement was made regarding "the neglect of Zone 2." He stated Commissioner Schecter fought very hard for improvements to Zone 2, such as stormwater, drainage, sidewalks, streets and roads. He related that, due to Commissioner Schecter’s work, many of these projects were moved to the front of the stormwater, sidewalk, and road master plans. Mr. Kelley indicated that no single zone can pay for its own improvements—it takes all of the City working together to pay for it. Skateboard Park Mr. Kurt Baker, 1103 South Peninsula, Daytona Beach, indicated he has been a skateboarder for approximately twenty (20) years and has been watching the progression of the skatepark proposed for Ormond Beach. He stated he originally planned to come to this meeting to protest the design, but the City has graciously allowed the skateboarders time to get together and help design the skatepark. Mr. Baker expressed his appreciation to the City for being interested in the skateboarders and keeping their needs in focus. He gave the City Clerk information on basic skateboard design. Employee -of-the-Year Award Ms. Sandy Dutt, 9 Lakewood Park, congratulated the 1997 Employee-of-the-Year Award recipient, Jayne Timmons. Ms. Dutt stated that for the past seven (7) years she has had the privilege to work by Ms. Timmons’ side, observing first-hand her accomplishments and dedication on a daily basis. Easter Seals 24-Hour Relay Ms. Dutt announced that the Easter Seals 24-Hour Relay will be held April 4th and 5th at the Daytona Beach Municipal Stadium. She stated that the City of Ormond Beach has participated in this event since its inception in 1993 and has set many firsts, such as the only group to have more than one team. Ms. Dutt stated this year Ormond Beach will have three (3) teams, with approximately 60 to 66 employees and their families participating. She explained that over the past five (5) years, the employees have raised over $20,000 for Easter Seals. She stated the cost per team is $1,000 to enter this event and asked for volunteers to participate in a basketball fund-raiser game to be held in March against the Ormond Beach Middle School faculty and staff. Florida Planning and Zoning Association Mr. Gordon Currie, 1 Cypress View Trail, stated Glenn Sweeney, Grants Coordinator for Ormond Beach, has just served a term as President of the Florida Planning and Zoning Association. He stated that in the new president’s remarks he complimented his predecessor’s efforts in the organization. Mayor Hood asked Mr. Miller to congratulate Mr. Sweeney for his service to this organization. City Attorney Charges on Radio Show Mr. Joseph E. Thompson, 356 Chardon Road, asked the Mayor if he intends to bring up the subject matter of the information the Mayor had distributed to the Commissioners regarding the City Attorney. Mayor Hood stated that he circulated this material at the request of a member of the public, and he has no intention of bringing up the matter. Mr. Thompson asked if he talked about it on a radio show a few days ago. Mayor Hood agreed he discussed it, but only because someone called in and outlined the facts that were completely inaccurate. Mayor Hood stated he did not discuss the content nor anything other than what he was asked by the host, Mr. Bernier. Mayor Hood asked that this issue be discussed at the end of the meeting. Five (5) Minute Discussion Rule in Audience Remarks Ms. Laura Jones, 59 Amsden Road, stated that she has observed that after five (5) minutes discussion in the Audience Remarks portion of the agenda, Mayor Hood calls time on some people, but tonight, two (2) people spoke over five (5) minutes and were not called. She asked why this occurred. Mayor Hood apologized and stated the he was unaware anyone spoke over the five (5) minute limit, and he offered to place a clock where everyone can see it so no one goes over the limit. He stated that he has attempted to be liberal with anyone who wants to discuss anything. Ms. Jones stated that she appreciates his generosity with her and perhaps her watch is not accurate. City Commission Actions Mr. Art Nustad, 204 Saddle Creek Trail, stated he is upset regarding the problem the City is having which he believes is violating the public trust. He stated that one who governs through the media, has the City in a gridlock, and stops the City Manager from doing his job is in violation of the City Charter. Mr. Nustad asked the Mayor to stop these tactics immediately. Mr. Tom Bourke, 422 South Halifax Drive, recommended the Commission dispense with conducting the business of Ormond Beach until they can get along with each other. He stated he believes the Mayor may be a major part of the problem and challenged him to work with the Commissioners to unite the City. Mr. Don O’Lone, 1304 Northside Drive, expressed his support of Mayor Hood. Ms. Elizabeth Caven Wilhelm, 12 Edgewood Way, stated that Robert’s Rules of Order are sometimes strained slightly at the Ormond Beach City Commission meetings. Ms. Wilhelm stated that at the December 17th City Commission meeting a vote was taken and the issue was closed; however, Mayor Hood spoke at length afterward. She requested stricter adherence to Robert’s Rules of Order, and that Mayor Hood cease dividing the City with newspaper stories and telephone interviews and get on with the job of running the City. Mr. Joe Lipsomb, 22 Shadow Creek Way, stated his disagreement with the previous comments. 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 Persis asked that Item 7(D) be discussed separately. Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of the Consent Agenda minus Item 7(D).
Item 7(D) Code Enforcement Concern Relative to Motor Home Parking Commissioner Persis expressed concern with the length of time it takes to process code violations, leaving neighbors endure the violations during the lengthy process. He asked Mr. Hayes what progress has been made with the code citation system. Mr. Randy Hayes, City Attorney, stated that he will be presenting an ordinance revising the system using a Special Master system. He stated part of the problem is that meetings are sometimes difficult to schedule due to lack of a quorum of the Code Board members. Mayor Hood asked Mr. Hayes when to expect the ordinance for review, and Mr. Hayes responded that, at the moment, the Legal Department has been consumed with other matters, and he cannot give an exact timeline, but would expect to bring it before the Commission in the next several months after the Legal Department has become more stabilized. Mayor Hood asked that the status of this ordinance be viewed in three (3) months. Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Item 7#D.
Item #8(A)- Non-conforming Uses Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously. ORDINANCE NO. 98 - 2
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-2, on second reading, as read by title only.
Item #8(B) - Garage and Carport Standards Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 3
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-3, on second reading, as read by title only.
Item #8(C) - Farmers’ Markets Commissioner Gillooly moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 4
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-4, on first reading, as read by title only. Commissioner Persis asked where farmers’ markets would be allowed. Mr. Clay Ervin, Planning Director, stated that institutional uses such as churches and schools would be allowed farmers’ markets because they are not typically fully operated on Saturdays and Sundays, allowing the parking areas to be used for this purpose. Commissioner Persis asked if the number of farmers’ markets would be limited. Mr. Ervin explained that there are only a few areas within Ormond Beach that would meet the criteria needed, such as parking and space demands.
Item #9(A) - Issuance of Permits Prior to Completion of Public Improvements for Non-Residential Subdivisions ORDINANCE NO. 98 - 5
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-5, on first reading, as read by title only.
Item #9(B) - Waste Collection Fees ORDINANCE NO. 98 - 6
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-6, on first reading, as read by title only.
Item #10(A) - Declaring the Results of the Special Primary Election RESOLUTION NO. 98 - 25
Commissioner Schecter moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-25, as revised, as read by title only.
Item 10(B)- Agreement for Fire and Emergency Medical Services RESOLUTION NO. 98 - 26
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 98-26, as read by title only. Mr. Miller stated that this agreement has been under negotiation for several months and was developed from a conceptual approach to provide fire and emergency medical services irrespective of county or municipal boundaries. He indicated the premise is citizens of the County and the City are interested in the quickest response for fire suppression and emergency medical services. Mr. Miller stated the cost for the County to run Stations 11 and 13 was ascertained, and an agreement was reached where the major goal was quick response, not financial gain for either entity. He stated this may be a rare opportunity for each Commissioner to establish a legacy by approval of this agenda item, in that this is the first step in achieving a visionary goal of providing fire suppression and emergency medical services on a logical, business-like basis. Mr. Miller reported that the benefactors would be not only the citizens of Ormond Beach, but also the citizens residing in the unincorporated areas surrounding Ormond Beach. He introduced Barry Baker, Fire Chief, to elaborate on the operations aspect of this agreement. Mr. Barry Baker, Fire Chief, stated that the County will provide the funds they are currently paying to operate Fire Stations 11 and 13, thus neither the City nor the County will be paying more for services, yet these services will be far superior. He stated these funds would be used to hire fifteen (15) people. The County would lease the stations for $1, and they will give the City the title to the equipment currently being used. Chief Baker stated that both stations currently supply Advanced Live Support (ALS) services, and the City would continue to supply this service. He indicated that at some time in the near future the City Commission will be receiving a recommendation for two (2) City stations to provide ALS as well. Chief Baker pointed out various areas where response time will be cut drastically. He stated that at the present time the response time at Ormond Lakes Subdivision is seven (7) minutes, and backup takes ten (10) minutes; and with the addition of these two (2) stations, response time will be cut to less than two (2) minutes. Chief Baker explained that response time to Homac Manufacturing would be cut from eight (8) minutes primary, eleven (11) minutes backup, to thirteen (13) seconds. He stated Station 11 is in a more densely populated area where response times are even more critical. Chief Baker stated that a fire progresses about 1,000% in the first four (4) minutes and continues to progress in like manner throughout. He continued that in a medical emergency, brain death occurs in the first four (4) to six (6) minutes; thus, minutes and seconds are critical in both fire and medical emergency situations. Chief Baker mentioned the County benefit by pointing out that at the intersection of Airport Road and Tymber Creek Road, where three (3) corners are Volusia County and one (1) is in the City, first response is presently thirteen (13) minutes, seventeen (17) minutes for backup, but less than two (2) minutes with this new agreement. He gave various other examples of the reduced response times made possible by passage of this resolution. Chief Baker stated Ormond Beach currently has a minimum staffing of eleven (11), twenty-four (24) hours a day, and this agreement would increase it to fifteen (15). He stated there would be more prompt back-up capability, and it would provide growth and promotional opportunities for the department. Chief Baker explained that if the City decides this agreement is not serving the residents of Ormond Beach, they can cancel the agreement with 365 days notice from the start of any fiscal year. Mayor Hood asked Chief Baker that since this analysis is based on the predicate that the two (2) man staffing continue, if it would invalidate the financial analysis if three (3) men, as has been urged by the Firefighters’ Union, were assigned to a station. Chief Baker agreed the analysis would be invalidated. Mayor Hood asked Paul Lane, Finance Director, what the cost for this increase would amount to. Mr. Lane stated that six (6) firefighters would increase the deficit by $200,000 per year, calculating the average salary to be $30,000. Mr. Robert Bentkofsky, Budget Manager, stated that the deficit after ten (10) years, cumulatively, would be roughly $3.5 million. He added that if two (2) man stations were continued, with a four (4%) percent increase in labor cost in the last six (6) years of the contract, the City would break even. Commissioner Gillooly asked Chief Baker how many men now man these stations. Chief Baker answered two (2) men are now manning these stations, and it is recommended that this continue. He stated that Articles 9.1.2 and 9.1.3 of the contract state that if costs increase more than five (5%) percent, renegotiations would be required. Commissioner Gillooly stated this is very much in the public interest, and seems to be excellent for the City. He complimented the Chief and all others involved in assembling this packet of information. Commissioner Persis asked Chief Baker how this would affect the citizens in Volusia County in the area outlining Holly Hill. Chief Baker answered Station 11 would serve those residents. Mayor Hood passed the gavel to Deputy Mayor Gillooly to make a motion to amend, seconded by Commissioner Persis, to require, as a matter of policy, that two (2) man minimum staffing be continued. Mayor Hood stated he concurs this is a "win-win" situation for everyone, but to be financially prudent, the City needs to adopt the financial mode outlined so it doesn’t cost the City to provide these services. Commissioner Persis asked Chief Baker if the first and second response stations respond simultaneously or if the first responds and then the second responds, if needed. Chief Baker answered that response is in compliance with national recommended standards for the specific structure. He stated they would respond simultaneously for large structures such as a hospital, and many stations may be called. Commissioner Persis asked if Chief Baker felt it was safe to have two (2) man trucks. Chief Baker stated that safety does not appear to be an issue. He explained the critical difference with two (2) versus three (3) person trucks is efficiency and effectiveness. He stated efficiency does increase substantially when a third person is added. Commissioner Boyle asked if Mayor Hood’s amendment applies only to the two (2) fire stations being discussed or all fire stations. Mayor Hood stated this amendment applies only to the two (2) fire stations being acquired. Commissioner Schecter asked how long this agreement has been in negotiation. Chief Baker stated he was involved from August, 1997, but he is unaware how long before that date it was being negotiated. Commissioner Schecter asked the Commission not to scuttle this agreement which benefits the City and the County over this last minute amendment. He explained this package has been negotiated over at least a six (6) month period, and to tack on a last minute amendment that has not been discussed in detail, appears to halt the Chief’s ability to expand service in the future, if needed. He stated expansion may not be needed, but he does not want to halt that ability if it is necessary. Commissioner Schecter urged the Commission to pass the agreement as written, and he recommended placing any request for an amendment on the next agenda for discussion. Mayor Hood explained that he is not trying to scuttle the agreement and expressed his support for it, but he stated the financial restrictions and obligations on the community in the future should be fully understood. He stated staff has projected an additional $3.5 million could be incurred if stations were manned with three (3) rather than two (2) people. Mayor Hood stated this is a fundamental issue of the funding; therefore, it should be included in the Resolution. Commissioner Gillooly asked if this amendment would require two (2) man companies for the ten (10) year duration of the contract. Mayor Hood stated that it would only be as long as this City Commission sits, since this Commission has no authority to bind other City Commissions. Commissioner Gillooly questioned if the fact of a new Commissioner in Zone 2 would constitute "another City Commission," whereby Mayor Hood stated that if three (3) votes were obtained tonight, the impact of another Commissioner would not have any change in the materiality of this vote. Commissioner Schecter reiterated his opinion that if this is a good amendment tonight, it will be a good amendment at the next meeting, so he again urged the amendment be voted down and the motion carried. Mayor Hood stated that when you vote on a policy, you should also vote on the financial impact of it.
Mr. Miller stated that because the amendment failed, if (3) person trucks were to be sought, it would drive costs up, which would force renegotiations with Volusia County to resolve that issue at that time. Commissioner Gillooly stated he thinks this issue should be resolved at that time and the motion considered as it presently stands.
Item 10(C)- Agreement for Fire and Emergency Medical Services RESOLUTION NO. 98 - 27
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 98-27, as read by title only.
Item 10(D)- Employment Agreement for Legal Services as Permanent City Attorney RESOLUTION NO. 98 - 28
This item will be postponed to the next City Commission meeting. Item 11(A)- Variance Committee for Sign Regulations Mr. Clay Ervin, Planning Director, stated staff has investigated Mr. Raymond Webb’s request to establish a Variance Board. He stated he contacted other cities in Volusia County who basically have standard variance procedures where signs can go forward. He added Ormond Beach has restrictions stating variances can only pertain to setbacks from flood hazard standards; thus, the City is unable to process variances for signs. He advised staff is concerned this would create a conflicting situation where there are non-conforming signs that are required to be removed, yet variances are being granted at the same time to allow for non-conforming signs. Mr. Ervin stated staff does not recommend changing the current standards. Mr. Raymond Webb, 6 Waterbury Circle, President of Kenco Sign and Awning, a Holly Hill company, stated that he deals with approximately 80 cities and most have variance boards. He indicated that the Board of Adjustment and Appeals is made up of a group of board members who are appointed by the Commission, but a variance board is made up mostly of independent business owners in the community who are unbiased and are able to sit at most meetings and not have a problem with lack of a quorum. He stated he believes a variance board is an important added step in the process where merchants can go to the variance board first, then the Board of Adjustment and Appeals. He stated this would allow a more appropriate appeal process. Mr. Hayes advised that appeals from the Board of Adjustment and Appeals go to the Circuit Court; therefore, there is an appeals process in place. Mayor Hood called for a motion regarding Mr. Webb’s request. No motion was made, hence, Mr. Webb’s request was denied. Item 11(B)- Options for Funding Firefighters’ Labor Agreement Mr. Miller recommended addressing this issue in a comprehensive perspective at the time of the goals workshop which is planned for mid to late March. He stated that Paul Lane, Finance Director, and Bob Bentkofsky, Budget Manager, suggest presenting this issue at the opening session, with a complete financial plan laid out as to the trend analysis of the existing sources of revenue, expenditure projections of the trend lines, and what would be done to control those trend lines. Mr. Miller stated the goal is to come away with parameters as to how staff can lay out a recommendation for funding the firefighters’ contract, other City employee contracts, and other capital outlay items as opposed to capital improvements for the next two (2) years. Commissioner Boyle questioned Mr. Lane regarding the amount of the reserve fund and the amount of interest being realized. Mr. Lane stated that as of September 30, 1997, the reserve fund was approximately $4.4 million, earning an average of 5.5% interest. Commissioner Boyle asked how fast the fund is growing, considering the surplus in the budget plus interest earned. Mr. Lane stated that it depends on the circumstances for that particular year, and he added at this point, he would not forecast a surplus for 1998. Commissioner Boyle stated that last summer in the second budget workshop, the Commission identified a 15% contingency. Commissioner Boyle asked Mr. Lane how this would break down the reserve fund for both the emergency contingency and the excess reserve. Mr. Lane explained that the 15% reserve factor would require $2.4 million based on the 1998 budget and the City now has approximately $2 million over this figure, with capital needs which need to be addressed in the future. Commissioner Boyle reaffirmed the 15% contingency figure. He stated that with such a large contingency, he finds it difficult to ask the taxpayers for higher taxes for anything. He expressed agreement to the Mayor’s statement that when a policy is set, the Commission needs to know what kind of funding mechanism will be attached to it. Commissioner Boyle extended his appreciation to staff for offering three (3) different alternatives for funding and agreed this is best discussed in a goals setting type situation. Mayor Hood stated that anything more than 3% or 3.5% pay raises for all other employees would cut into the contingency reserve. Mr. Lane explained there is approximately $300,000 in new money in each year’s budget which is available to fund any increases predicted in an annual budget, but anything above this must come from the reserve to balance the budget without a tax increase. Mayor Hood stated that if the City uses the philosophy of paying the highest in the County for the other employees because Ormond Beach is the best City, then it would essentially deplete all of the contingency reserve. Commissioner Persis agreed this item should wait for a workshop setting. Item 11(C)- City Manager Evaluation Mayor Hood stated citizens have called his office asking to speak on this issue; therefore, he opened the discussion to the public. Mr. Bill Holmes, 176 South Halifax Avenue, stated that at the forum for Zone 2 Commissioner, the question was asked if the City Manager should be evaluated at this time and all five (5) candidates answered it should be postponed until one of them could fairly evaluate the City Manager. Mr. William Olivari, 8 Creek View Way in the Breakaway Trails Subdivision, stated he is a Certified Public Accountant who has an office within the City of Ormond Beach. He stated that it was his honor to be a member of the Citizens Advisory Committee on Fiscal Policy and Productivity which was established in 1992. He stated that each step of the way, this Committee needed background information and current data, and all of the department heads were receptive, but the most helpful person was Mr. Miller. Mr. Olivari stated that Mr. Miller acted as a catalyst and brought the department heads and supervisors together to work with the Committee. He asked other members of the Committee to stand to further attest to the outstanding commitment of Mr. Miller. He continued by stating that the savings from the implementation of policies and procedures recommended by this Committee, which were adopted by the City Commission and put into operation by the City Manager, are hard dollar savings to the City and are audited by the City’s outside accountants. He asked to state on the record the direct benefit achieved for residents and taxpayers of the City from this effort. Mr. Jack Veling, 238 Warwick Avenue, asked if the City is saving all this money, why his street is the same as it has been for eighteen (18) years. He complained regarding a neighbor with code violations where nothing is being done, and mentioned a problem with a car with no license plate. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, to inform Mr. Veling where his street is on the street program. Mr. Pat McGuire, Executive Director, Coastal Florida Police Benevolent Association, located at 1660 Tomoka Farms Road, stated that he has had several opportunities to deal with Mr. Miller and his staff. He stated his organization currently has contracts with thirty (30) cities and counties, and he deals with no one who is any more professional and thorough in researching items that are very employee sensitive and on all items Mr. Miller is fair even if he disagrees. He stated Mr. Miller does a wonderful job, and the job is reflected in the staff he has assembled. Ms. Doris Katz, 395 South Atlantic Avenue, advised she serves as Chairman of the Quality of Life Advisory Board and has worked with the City Commission and Mr. Miller for the past several years. She stated all have been very cooperative and helpful. She indicated that the City would not be where it is today if it were it not for the cooperation between the Commission’s policy setting and Mr. Miller carrying out their directives. Mr. Joseph Lipscomb, 22 Shadow Creek Way, stated he spent forty (40) years in the consulting engineering business working for municipalities where he came in contact with many city managers. He stated Mr. Miller is a good city manager who gets the job done in a very professional manner. Mr. Lipscomb stated Ormond Beach is fortunate to have a city manager of Mr. Miller’s quality. He stated the budget surplus was obtained by the direction of the City Commission, but Mr. Miller had to see that it was accomplished. Mr. Ed Kelley, 8 Tidewater Drive, stated that Mr. Miller has met every challenge offered during his four (4) year tenure on the City Commission. He stated that the results are the surplus and the fine fiscal condition the City is in, and Mr. Miller, in his opinion, has done an excellent job. Mr. Don O’Lone, 1304 Northside Drive, stated that he has sent citizens to Mr. Miller often, and they have always been well received by staff and department heads, who are a reflection of Mr. Miller’s policy. Mayor Hood stated that Commissioner Boyle had asked to put the termination item on agenda, but it is his understanding that he later asked this be removed and a discussion item be added instead. Commissioner Boyle agreed that it is meant to be a discussion item for this evening. He stated he echoes the citizen comments and would add Mr. Dennis Kennedy called and was unqualified in his praise of the City Manager. Commissioner Boyle pointed out that in the past two (2) evaluations of Mr. Miller, his ratings were probably the highest. He stated in his prior evaluations that one point of praise was his faithful execution of the policy directives of the Commission, even though on many of those issues he was in the minority. He stated that he felt Mr. Miller was properly carrying out the directives as specified in the City Charter. Commissioner Boyle stated he thought that a new evaluation was appropriate because there are now five (5) Commissioners qualified to make that evaluation, and this will not occur again until the new Commissioner has four (4) to six (6) months to work with Mr. Miller and fairly evaluate his performance. He pointed out that the last evaluation period was set to end on June 30th, and he filled out his evaluation on June 25th. Commissioner Boyle stated that the Mayor did not fill out an evaluation at that time and has not evaluated Mr. Miller in twenty-two (22) months, at least not formally. He stated there have been new issues on the City Manager’s performance, and he felt a public discussion was now necessary. Commissioner Boyle stated that, in a January 3rd newspaper article, comments by the City Manager, in his view, clearly violated collective bargaining law and the City Charter. He stated that the City Charter requires that the City Manager see that all acts of the City Commission are faithfully executed. He continued that in a January 27th News-Journal article, the Mayor defended the City Manager, and he assumed the Mayor defended the comments made on January 3rd regarding the City Manager’s "ethical position." Commissioner Boyle stated that the Charter makes no mention of exceptions for ethical positions; it does not say "faithfully institute Commission actions except when in conflict with personal ethics," and the wording of the Charter is unequivocal. He stated the larger question is whether the City Manager has faithfully executed the decisions of the Commission majority or executing the policies of the Mayor exclusively. Commissioner Boyle indicated that mounting evidence suggests violations of the City Charter almost on a daily basis, on things as small as biased staff reports, or information withheld from the Commission, or information misrepresented to the Commission. He stated the latest violation occurred within the last 48 hours when the Mayor took administrative actions that are clearly prohibited in bypassing the City Manager in causing materials to be printed and distributed by City staff to this Commission, and he contended that this material should have never seen the light of day. He stated that in response to this growing crisis, on January 22nd he requested the City Attorney to draft an agenda item for an up or down vote on terminating the City Manager’s contract. Commissioner Boyle stated this was done with the full knowledge that there is no requirement for such a memo, and the Charter allows such a motion to be made any time, at any meeting. He stated the reason this memo was drafted and submitted at 4:00 p.m. on a Friday, only to be withdrawn at 11:15 a.m. the following Monday, was threefold. Commissioner Boyle explained the reasons were: first, to communicate to Mr. Miller the seriousness of the situation as he perceived it; secondly, to achieve the public discussion that is occurring this evening, because there had been problems getting the public discussion he was seeking; and thirdly, to find out how long it would take for a draft agenda memo to be leaked to the press and to see who would leak it. He stated that by Monday afternoon the press was in his shop asking about this memo, and Commissioner Boyle asked the reporter if the Mayor had supplied the memo. He stated the reporter affirmed that he had. Commissioner Boyle pointed out this was an internal draft memo that was not to be made public to the press or other members of this Commission until 5:00 p.m. on Thursday, three (3) days later. Commissioner Boyle stated this same reporter was summoned to the City Manager’s office late in the afternoon on New Year’s Eve as part of a deliberate campaign, he believes, by the Mayor to arouse public opinion against a Commission action. He concluded by these actions, that the reporter didn’t find the story, the story found the reporter. Commissioner Boyle stated that at that meeting, the City Manager made statements that he believes to be damaging to the City Charter process. He stated he has no intention to attempt to remove Mr. Miller as City Manager at this time, but it is obvious that Mr. Miller is under constant pressure to deviate from a clearly defined City Manager process. Commissioner Boyle explained Mr. Miller needs to be protected, not destroyed, as indicated in the City Charter. Commissioner Boyle stated he took an oath to protect and defend the City Charter and he will keep this promise, regardless of public opinion or frivolous lawsuits. He stated that if he gets proof again, that the City Manager has violated the Charter, he will make a motion for termination and will continue making that motion at every City Commission meeting as long as he is a Commissioner, until it passes. He indicated a formal evaluation is no longer necessary, but he will fill out the instrument to let Mr. Miller know what his specific concerns are. Commissioner Boyle stated Mr. Miller is an excellent City Manager and a man who worked for this City on days when he should have been in the hospital, which is a fact he will never forget. He stated this is why he needs to be protected, to let him do his job without the interference and pressure that puts him in jeopardy. Commissioner Schecter stated that he had planned to submit an evaluation if the City Commission deems it necessary. He stated the issue Commissioner Boyle mentioned regarding the relationship between certain members of the Commission and the City Manager having been tainted at times is factual and is based on Commissioner Boyle’s experiences and Commissioner Schecter’s similar experiences. He expressed his concern that the City has been governed through the media lately, as opposed to leadership, and talking it out with each other on particular issues. He stated on at least two (2) instances in the last 48 hours, individuals have taken a different route, and that is improper. As far as official action for Mr. Miller, he restated what was stated at the last meeting—that he had spoken to Mr. Miller privately about this issue, particularly the firefighter contract, and he is confident that he has learned from this experience. He stated he does not, therefore, feel it necessary to further pursue official action. Commissioner Gillooly stated he supports Mr. Miller as City Manager, but agreed that some of the points made this evening have been well taken and he agrees with them. He stated he would expect that Mr. Miller should be left to act independently and do the fine job he is capable of doing. Commissioner Gillooly expressed a desire to speak on issues somewhat related. Regarding the firefighters’ contract, Commissioner Gillooly stated there are many misconceptions generally caused by calculated misinformation. He stated it is a ludicrous idea that, because the firefighters received an hourly wage that brought them to parity with neighboring fire departments and rectified five (5) years of shameful neglect, other City workers may expect the same percentage. Commissioner Gillooly stated this was never his intention. He explained that among the 24 of 39 non-supervisory personnel under the fire contract, the present average hourly wage is $8.10 per hour, while 18 non-supervisory clerical workers at City Hall earn an hourly wage ranging from $8.17 to $13.92, averaging $11.45 per hour per worker. He clarified this does not imply these workers do not deserve these wages, but he would guess these wages are probably comparable to, if not better than, area wages paid for similar work. Therefore, he stated it does not seem justified for large increases when they may already be ahead of workers in the private sector. Commissioner Gillooly stated that people have stated the firefighters’ contract had been hurried along to make certain that a vote was taken before the departure of Commissioner Schecter. He declared that nothing could be farther from the truth. He stated he expected that the Commission would not be dealing with this contract until late spring, but Mr. Miller, who wanted the contract settled as early as possible because of the fire house issue voted on this evening, indicated he was facing a deadline which needed the salaries in place before that deadline. Commissioner Gillooly stated he would have gladly waited until late spring to consider the contract, when he would have been on the Commission longer. Commissioner Gillooly stated the lawsuit which claims he, along with two (2) other Commissioners, violated the Sunshine Law, is ridiculous. He stated he thoroughly understands this law and even attended an all-day seminar to study its ramifications. He vehemently denied any wrongdoing occurred. He stated he has never seen a copy of the suit and first learned of it when called by the News-Journal late Friday evening. Commissioner Gillooly stated that on Monday morning after the Friday when he was first made aware of the lawsuit, Mr. Hubka, the attorney representing the people claiming the Sunshine Law violation, stated his clients were prepared to strike a deal to drop the suit if the firefighters’ contract was rescinded. He stated this is very confusing, since this suit was supposed be a violation of the Sunshine Law, not the firefighters’ contract. Commissioner Gillooly stated this offer was made only because the suit is frivolous and has no merit, and that feeble attempts at vindictiveness prompted the suit. He concluded there are people in Ormond Beach who cannot accept the fact that he won the election last September. He stated that one of these people called a radio program the day after the election to accuse him of receiving $25,000 in illegal campaign funds from the Teamsters, and another appeared before this Commission ranting that he had a video tape of Commissioner Gillooly engaged in illegal campaign activities. Commissioner Gillooly offered a challenge that this tape be turned over to Ms. Deanie Lowe, Supervisor of Elections, within 48 hours. He stated if it is not, he will ask Ms. Lowe to request the tape, and if this request is denied, he will consider legal action to allow the public to view this tape. Commissioner Persis stated that he has a staff of 100 and has evaluated people for a living for the past seventeen (17) years. He stated he is a good judge of character and a good judge of how a professional person is to do his job, and he knows how to separate personal differences from professional ones. Commissioner Persis stated that his evaluations were probably the lowest, but that doesn’t mean Mr. Miller didn’t do a good job, but that his expectations are high. He explained that an "at expectations" rating is good, and people who get anything less do not have a job long when working for him. He related that he believes you either do your job well or be notified what you are doing wrong, given time to rectify the situation, and if it is not done, then the employee would be terminated. Commissioner Persis stated Mr. Miller has numerous, complicated issues to deal with daily. He stated that considering this, and dealing with the staff and the Commission, Mr. Miller has a difficult job. He stated that he does not want to muzzle Mr. Miller, but urged him to inform Commissioner Persis if his comments are off base. Commissioner Persis stated the Commission can vote the way it feels is proper anyway, but he wants Mr. Miller’s input. He stated the newspaper article indicated that Commissioner Boyle stated, "even if it was the wackiest thing in the world, three (3) members of the Commission had approved it and Gene Miller shouldn’t have come out against it." Commissioner Boyle stated that he did say this to the reporter in the context of a much larger statement that did not make the paper, but referred Commissioner Persis to his comment made earlier that any action taken by three (3) members of the Commission, must be executed by the City Manager, and in this instance an action had been taken. Commissioner Persis stated that his point is that regardless of what the Commission states, he would want Mr. Miller to state what is on his mind and allow his wisdom to guide the Commission. He informed Mr. Miller he feels he does a great job, in a very difficult job. Commissioner Persis stated he was disturbed by Commissioner Boyle’s comment that he sent a memo late on a Friday afternoon with the intent of not implementing it, but for the purpose of seeing how long it would take for that internal memo to be leaked to the press and find out who leaked it. He stated this would torment Mr. Miller, his family and other people, just for a Commissioner to find out about leaks to the press. He asked if Commissioner Boyle wasn’t concerned about the feelings of Mr. Miller and what he was going through. Commissioner Boyle stated that was not the sole point of the memo. He stated he tried to get an evaluation on the agenda which was scheduled properly, but there was foot-dragging on that process by Commissioner Persis and by Mr. Miller. He stated he wanted to voice his concerns and allow others to voice their opinion. Commissioner Boyle stated that he did apologize to Mr. Miller for any discomfort he may have caused and reminded Mr. Miller that this Commission and this City had been caused great discomfort since January 3rd. He stated Mr. Miller understood this and accepted his apology in that context. Commissioner Boyle stated that the larger issue of the internal draft memo being leaked was the fact that he wanted to impress upon Mr. Miller that the government was in a serious crisis. Commissioner Persis stated that he is more concerned with Mr. Miller’s feelings, reminding Commissioner Boyle that he stated Mr. Miller was an excellent City Manager, the best in the business, and that’s why we need to protect him. He indicated that he finds this incongruent and apologizing isn’t enough. Commissioner Boyle stated that the Charter supersedes everything. Commissioner Persis stated Commissioner Boyle relates to the Charter like "the holy grail," but Mr. Miller didn’t break any laws, and he believes that Commissioner Boyle has taken this one issue and forgotten the other issues in which Mr. Miller has excelled. Mayor Hood stated that he did not do a written evaluation in July, 1997, because he got back from vacation the day of the meeting, did not have the evaluation form, and went straight from the airport to the meeting. He indicated that at that City Commission meeting all Commissioners evaluated Mr. Miller verbally, and he concurred with the remarks of the other Commissioners; therefore, he did not see the need to fill out a written form. Mayor Hood stated Commissioner Boyle is misinterpreting the Charter and the law as it relates to the Charter. He agreed that the Charter is absolutely the Commission’s Bible, but there was not an official action that was taken by the Board as a governing body until a vote is taken at a legally organized meeting on the first or third Tuesday or any other meeting that was rescheduled. He indicated that the fact that the vote was taken as to what the policy was going to be in the shade meeting was not a legally adopted position under the Charter in which Mr. Miller is obligated to simply fall in line. He stated Mr. Miller is a high professional, has done his job and has accomplished his goals under difficult situations. He stated that the Commission put Mr. Miller in a position at the shade meeting where he had no choice but to make the comments that he did in the shade meeting and in the memorandum. Mayor Hood stated that no one knew, at that meeting, that Commissioner Schecter would bring a pay matrix with an 18.8% across-the-board average pay increase for firefighters with five (5) to ten (10) minutes left in the meeting. He stated clearly staff could not have costed the figures out. Mayor Hood stated he would expect any City Manager to make the Commission aware of the dynamics and the issues and financial results of that decision, and he would not have expected anything less. Mayor Hood added that what Mr. Miller did was simply make an outline of what the policy would be, and this is not the first time Mr. Miller has disagreed and put in memorandum form that he disagreed with the Commission’s proposed action. He stated that he would encourage Mr. Miller to continue to take positions that are different than the Commission’s if he believes they are not prudent for the community. Mayor Hood referred to Commissioner Boyle’s comments that the memo was drafted to "catch" who was leaking information. He stated that everything should be done in the Sunshine except if it is in a shade meeting, and that those in the public do not create secret documents that are not discoverable by the press and the public. Mayor Hood stated that if an item is placed in his box, then one would have to assume that it is a public document. He indicated Mr. Schlueb of the News-Journal called him and asked if he had heard this rumor and to this he answered that he had and informed him of the memorandum. Mayor Hood stated that any document created by any Commissioner to Mr. Miller, or any other document, including personnel files, are public record. Regarding the comment of "trying this in the press," Mayor Hood stated that he did not seek out Seniors Today, but they called him and asked that he provide an article for them to publish. Mayor Hood stated that when leaving Mr. Miller’s office, Mr. Schlueb asked him a question regarding the firefighters, which he answered. He stated he has a policy to consistently answer any question asked of him, be it on radio, television or whatever, with whatever information that he has. Mayor Hood stated that the idea that he has the ability to intimidate, to pressure and cause Mr. Miller to deviate from managing this City in a prudent manner is ludicrous. He stated that every meeting he has had with Mr. Miller has been in the presence of Loretta Moisio and Sue Hensler, and that they were fewer than Mr. Miller’s meetings with commissioners. Commissioner Schecter asked Mayor Hood if he has ever threatened Mr. Miller that he was going to fire him at the next Commission meeting. Mayor Hood answered that he was not aware of that. Commissioner Schecter asked if he did not threaten to fire Mr. Miller during the Harry Wendlestedt deal by saying to Mr. Miller, "if this thing doesn’t go, I’m going to ask that you be fired at the next meeting." Mayor Hood stated that he told Mr. Miller that he had seriously compromised how Mayor Hood thought he should have handled the situation; that when the Commission asks for information, Mr. Miller should have given it, but he did not do this. Mayor Hood acknowledged he did tell Mr. Miller he was upset over the issue. He stated that an evaluation followed shortly thereafter in which he did not give any objection to this incident nor did he ask, nor suggest, Mr. Miller be terminated. Commissioner Schecter thanked Mayor Hood for his honesty and stated that it contradicted his previous statement that he does not intimidate and pressure. Mayor Hood asked Commissioner Boyle if he wanted an evaluation provided this evening or if he preferred to wait until September of 1998. Commissioner Boyle stated that it would be more appropriate to wait, and any Commissioner who wants to give an instrument tonight can do so, and those who do not feel it necessary do not need to. Commissioner Boyle stated that relative to the draft memo question, he totally agreed draft memos are public documents. However, he noted they are made public at a specific time, and he stated he finds it interesting that the draft memo was made available to Mayor Hood when he has been on this Commission for 38 months and has never seen a draft memo from another Commissioner or any other member of staff. Mayor Hood stated that the document was created on Thursday and as soon as any document is generated, it becomes public. Mr. Joseph E. Thompson asked for unity in the Commission, and that they work together for the good of the City. Mr. Thompson stated the City Manager should be allowed to do his job and not be pressured by the Mayor or any member of the Commission. He stated he knows that Mr. Miller had been pressured in the past when he was on the Commission. Mr. Thompson related an incident when he was a Commissioner, where he asked Mr. Miller why is it that when he asked for something to be done or a memo be generated, that his requests were ignored, yet Mr. Miller does whatever the Mayor asks. Mr. Thompson indicated that Mr. Miller’s response was that he represents a small section of this City while the Mayor represents everybody. Mr. Miller vehemently denied making that statement. Mr. Miller stated that if he or any member of the staff can assist in any way, whether it be in the form of advertising meetings to have a topical agenda to discuss any item on the mind of anybody, he will oblige. He stated that normally goals sessions are scheduled for December or January, but due to the new Commissioner being elected soon, he stated he read the consensus that this would not occur until the new Commissioner is seated. Mr. Miller stated that Commissioner Gillooly has not been in a position to observe his performance or had the opportunity to discuss issues he is concerned about. Commissioner Gillooly agreed that this is why he would not give a recommendation at this time because he has no basis on which to evaluate Mr. Miller. Item #10- Reports, Suggestions, Requests Commander Mike Longfellow Commissioner Boyle related that Mike Longfellow, Commander in the Police Department, has just come through successful heart surgery. He expressed his wish for a speedy recovery. Candidates in the Zone 2 Election Commissioner Boyle congratulated all the candidates in the Zone 2 election. He stated that all five (5) candidates conducted themselves with dignity and in the good spirit of democracy. Commissioner Schecter extended his congratulations to Ms. McGrath and Ms. Irvin. Commissioner Gillooly stated that winners and losers alike did themselves proud in this election. Sunshine Violation Lawsuit Commissioner Boyle stated that, personally, he welcomes any investigation which will remove the cloud of accusation that currently hangs over this Commission. He related that he feels it is unfortunate that taxpayer money, quite possibly, will be spent to defend this lawsuit which contradicts the goals and purposes of the plaintiffs. Commissioner Boyle stated that he retained counsel today, Attorney Chobee Ebbets, who is eager to look at the lawsuit if it is ever served. He stated that this is what happens when the Mayor, Commissioner Persis, and the City Manager question the voting integrity of a majority decision, which is very damaging. Commissioner Boyle stated that regarding the issue as to whether comments should have been made on January 3rd, he reminded the Commission and the public that a collective bargaining contract, ratified by both parties, did exist at that time. He explained that the Seniors Today article appeared seventeen (17) days after this Commission formally ratified that contract. He stated he has been told this divisiveness must end, to which he is in total agreement, yet he explained that this is a democracy where the votes are counted, a consensus is reached and you move on. Commissioner Boyle stated that the lesson in this is that when the Mayor is in the minority on a major issue, those voting in the majority can look forward to front page headlines, allegations and citizen lawsuits. He stated the tragedy is the loss of trust in the government, the system, and each other on the Commission. He indicated that he truly believes this issue is not so much about pay raises for firefighters, but about past, present and future elections and the struggle for the power to chart the course for this City. Commissioner Boyle stated that those elected to office are fallible, but if mistakes are made, they are honest mistakes and not as suggested in the lawsuit. He explained that an overwhelming majority of voters in his district are still informing him that he voted correctly on the firefighters’ issue in keeping promises made in two (2) separate elections. He stated that Item #9A on the agenda is a correction of a decision the Commission did not get right originally. Commissioner Boyle explained that item relates to a 1996 ordinance, Ordinance No. 96-86, which relaxed an important development rule over the objections of City staff and opened the door for the much publicized development disaster that occurred at the Southwest Interchange. He indicated that the other four (4) Commissioners who voted on that rules change had accepted a total of $1,000 in campaign money from the three (3) partners and the attorney representing the partners on that request. He asked if the integrity of this vote should be questioned, should Sunshine Law violations have been assumed, should citizens have filed lawsuits when these same developers were found to have later violated development rules that weren’t changed and then the developers receive lenient sanctions. He stated he came close to seeking an opinion from the Attorney General on the Ordinance No. 96-86 vote which passed, and he was told he had a good case; however, even though he was coming up for reelection and could have "made a lot of mileage" out of the story, he chose not to pursue the matter because he felt the best thing for the City was to accept the decision of the Commission majority and move on without questioning the integrity of his colleagues. He indicated that he still doesn’t question their integrity, and he believes all members of this Commission have never voted other than to honor the oath which they had taken and their honest integrity. He stated that our faith in the system was rewarded tonight by the decision taken on Item 9A, and that one of the beauties of democracy is that it does have the capacity to correct itself. Commissioner Boyle stated that he believes the failure of the Mayor, Commissioner Persis, and the City Manager to publicly accept a majority decision has done more damage to this City than 100 bad decisions, and no political objective should ever be worth risking the Commission’s credibility. Commissioner Schecter stated that when he arrived at the City Commission meeting, a letter was at his place on the dais from Harold Hubka to Randy Hayes. He stated that he hopes the News- Journal exposes the "blackmail" in this letter immediately as aggressively as they exposed the allegations. Commissioner Schecter explained that on Friday evening he received a phone call advising that there had been a lawsuit filed against three (3) sitting Commissioners and the City of Ormond Beach, but he has not, as yet, been served. He continued that on Monday, Harold Hubka, the attorney for the lawsuit, went on the radio and stated that if the City will "do what we want, we’ll back off of this lawsuit." Today, Commissioner Schecter stated he received this memo, basically blackmailing the City of Ormond Beach. Commissioner Schecter asked this memo to be made part of the record and pointed out that it states, in no uncertain terms, that if a settlement agreement is signed by the City, the lawsuit will be dropped. He stated there are misstatements in the letter, one of which is a quote that never existed but is attributed to Commissioner Schecter, upon which he will be considering taking legal action. Commissioner Schecter stated dates specified in the letter are incorrect as well. Commissioner Schecter asked if it is the practice of Mr. Hubka, or the firm of Black, Crotty, Sims, Hubka, Birtch and Samuels, to file a lawsuit, not serve the people who are named in the suit, go to the press with the suit, and then ask for a settlement before serving the suit. He questioned if this is ethical. Commissioner Schecter stated he intends to call Bill Crotty, the head of this law firm, to ask if he knows an attorney in his office is blackmailing the City of Ormond Beach. Commissioner Schecter stated the memo states, "I suggest that the City Commission discuss at its meeting of February 4th and vote at the following City Commission meeting to either accept or reject a proposed settlement agreement." Commissioner Schecter stated that he cannot imagine that Mr. Crotty would want anyone in his firm to go forward with such a disgraceful action. He stated the public now sees the true intentions of Mr. Hubka and those involved in this suit. Commissioner Schecter related that this is a witch hunt being paid for by the City of Ormond Beach, and he promised to vehemently oppose it. Commissioner Schecter stated that the scope of this lawsuit, if it does go through, will be expanded to other individuals than those named in the current suit. Commissioner Gillooly stated that both Commissioner Boyle and Commissioner Schecter made eloquent cases and points with which he thoroughly agreed. Commissioner Persis stated that since this matter is under litigation, even though he has not seen a copy of the complaint either, he will not comment on the issue. Mr. Hayes asked for a clear consensus regarding the request made in the Hubka letter. He clarified that the Commission has expressed it does not want to address this item at the next meeting for further action. Mayor Hood asked if anyone wanted to have this discussed at the next meeting to which he received no response. City Attorney Matter Commissioner Boyle pointed out that Mr. Miller had advised he refused to read the material distributed relative to the City Attorney and that he wanted no part of it. Commissioner Boyle stated he wished the Mayor would have shared Mr. Miller’s view. He stated he is sorry the material was copied and distributed by City staff, at City expense, and he disagrees that the Mayor had a responsibility to share this information. He pointed out that the Commission does not do everything that citizens ask of them, and suggested a better route would have been informing the citizen to mail the information to the Commission or let Mr. Miller make a determination if it needed to be distributed. Commissioner Boyle stated that even more disappointing is the Mayor’s comments on the Mark Bernier show where he questioned the unanimous decision of the four (4) other Commissioners in permanently appointing Randy Hayes and asserted that the decision was not made easily. Commissioner Boyle clarified the decision was made very smoothly and without opposition. He stated that again the words "majority," "consensus" and "acceptance" are missing. Commissioner Boyle stated that it demeans Mr. Hayes to question a decision after it has already been made, and he added that the legal staff has performed heroically since the passing of Mr. Disselkoen. Commissioner Boyle indicated that it speaks volumes that during the first weeks after the loss of Mr. Disselkoen, it was only Commissioner Boyle, Commissioner Schecter and Commissioner Gillooly who dropped by the legal department to offer condolences, assistance and to ask if Mr. Hayes had any desire to be considered as a candidate for the position. He stated that Ormond Beach doesn’t deserve a man with the courage and quality of Randy Hayes, but perhaps he can forgive us, knowing that there are enough good people in this community who know who Mr. Hayes is and know the truth about him. He ended by stating that no man should ever have to run from lies. Commissioner Gillooly stated that what bothered him about receiving this packet of information is that it is not City business, but was deliver by a City courier, paid for by the citizens. Public Trust Commissioner Schecter stated this is his 100th meeting, and he is saddened by the fighting that continues to take place. He stated the Commission should never forget that the public is watching it and questions if the Commission is made up of good people who should be serving them. He indicated tremendous damage has been done to the City and the trust of the people, and he hopes this trust can be earned back. Commissioner Persis stated that even though the City Commission is now having a little adversity, sometimes adversity helps you grow. He stated the new Commissioner will give the Commission a clean start, things will get better, and although he and Commissioner Boyle have differed a lot, they have agreed on many more things than they have disagreed on. He stated he is proud to be a member of this Ormond Beach City Commission, proud to live in the City of Ormond Beach, and proud to have Mayor Hood as Mayor. Mr. Miller stated if there is anything he or staff can do to assist, he would be glad to. He stated staff will be preparing more options on how to jell together more cohesively and deal with the issues at hand in a logical, professional way. He promised to stay as close as possible to the middle of the road. Item #11 - Close The Meeting The meeting was adjourned at 9:50 PM. |
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