Hi, kids!

It’s time once again to turn a jaundiced eye toward the newsmakers of the day – the winners and losers – who, in my cynical opinion, either contributed to our quality of life, or detracted from it, in some significant way.

Let’s look at who tried to screw us – and who tried to save us – during the week that was:

Asshole           Volusia County School Board

“This week you’re in, next week you’re out – run in circles, scream and shout!”

–The Lament of the Volusia County Teacher

After being caught in a baldfaced lie during a terribly awkward vignette played out at a School Board meeting last month – an embarrassing moment when our elected dullards attempted to distance themselves from the political fallout surrounding the district’s brazen attempt to decertify the union representing teachers and paraprofessionals – now it appears the board has reconsidered…

As I understand it, last week the board’s contract labor attorney responded to Florida’s Public Employees Relations Commission advising that the board will not file an “official challenge” to Volusia United Educator’s recertification after all – but not before huffing that the board still believes VUE submitted inaccurate information to PERC… 

I think the French call that L’esprit de l’escalier – that perfect repartee that occurs to you upon reaching the bottom of the staircase following a spat, the perfect comeback you might have used to overwhelm your rival had you thought of it earlier… 

The response came after the School Board met behind closed doors – in a dubious “executive session” outside the public eye – apparently to discuss how they would respond to the growing controversy that just weeks ago board members claimed to know nothing about? 

Weird…

The damage is done.  Chairwoman Jamie Haynes and the current members of the board are now political lepers – and no one will trust them again.   

And the hits just keep on coming…  

This week, the Volusia County School Board once again earned the “Asshole” award for their complete lack of strategic budgeting and forethought that has resulted in continuing chaos at district schools. 

Now, “budget adjustments” have caused an incredibly anxious Spring Break for teachers and staff who are left to wonder where and what they will be doing next as the district adopts a new methodology for staffing allocations during the 2024-25 school year.

Last week, the district sent an email to all teachers and staff announcing that federal COVID-19 funds have expired, and principals will now be required to staff critical instructional positions according to the needs of their school.

According to an excellent report by WKMG-6 who broke this disturbing story last week:

“The district said it received nearly $200 million in that funding over the last four years.

“We’re having to make the appropriate modifications to go back to our budget as we lived before the pandemic,” said board member Ruben Colon.

Now, Deputy Superintendent Rachel Hazel said the district will give each school a budget for the principal to work with.

She explained that if the principal can’t afford a teacher, that teacher will have options. Hazel said they could transfer to another school where there are vacancies.”

What the horribly redundant Deputy Superintendent failed to explain is why no one in a position of responsibility thought to determine – with enrollment remaining the same (or expected to increase in the face of explosive growth) – how to best maintain essential staffing levels using its astronomical $1.4 billion budget, knowing that federal pandemic funding would end?   

Instead, with funding returning to pre-pandemic levels, it appears the best District CFO Todd Seis could cypher is handing principals a dry turd and telling them to make the best of it… 

So, what do you think the first casualties of the Balgobin administration’s unconscionable lack of planning will be – music, art, physical education, sports, enrichment programs, electives? 

Unfortunately, the only ones confident in their positions today are Superintendent Carmen Balgobin and her senior staff – pointless redundancies with titles like “Deputy Superintendent,” “Assistant Superintendent,” “Director,” “Assistant Director,” “Chief,” “Coordinator,” etc., etc.

By my rudimentary calculations, Superintendent Balgobin and her “Cabinet” alone command a collective $1,189,781+ annually, not counting perks and benefits.

(I say “+” because I could not find a salary for the Chief of Human Resources – find the rest for yourself here: https://tinyurl.com/msryebsw )

Perhaps more disturbing, teachers were notified that their lives are about to be upended by mass email – a missive handed down from the cloistered Ivory Tower of Power in DeLand – just before classes were dismissed for Spring Break, a move tailormade to breed fear, speculation, and anxiety for parents, students, teachers, and staff…

To add insult, according to an article by Mary Ellen Ritter writing in The Daytona Beach News-Journal this week, educators received the email from Danielle Johnson, director of community misinformation for Volusia County Schools, who assured “With this adjustment in the allocation process, VCS will continue to offer a full continuum of programs and electives within our district.”

I wonder why Superintendent Balgobin didn’t notify her anxious staff of these sudden changes under her own hand? 

According to the News-Journal, Johnson confirmed “Teachers will not lose their jobs as a result of the budget adjustments, Johnson confirmed, but some will be “displaced” ― either transferred to a new school or assigned a new subject to teach.”

I certainly hope the Volusia County School Board will hold Ms. Johnson accountable for that assurance… 

For a group of elected officials that claim to have such care and compassion for children, I have rarely seen a board so consistently devoid of feeling, understanding, and empathy.

How about you?

Angel               Philanthropist L. Gale Lemerand

During my productive life with the City of Holly Hill, for a time, our community experienced the disastrous effects of The Great Recession, a dire period in our community’s history that resulted in far-reaching cuts to programs and essential services our citizens had come to rely on.

Upon learning of the difficult funding decisions city administrators were facing, quite unexpectedly, the great L. Gale Lemerand appeared at City Hall and graciously offered to fund an important program that benefited underserved families in our community.

Without question, demands, or recognition – Mr. Lemerand simply saw an unfulfilled need and selflessly donated the resources required to ensure those less fortunate were cared for.

I have never forgotten how one man’s noble gift in the face of such terrible uncertainty gave hope to so many during that grim time.

In an uplifting article by Daytona Beach News-Journal reporter Mark Harper, we learned that Mr. Lemerand’s extraordinary philanthropy continues to benefit and advance our community in so many wonderful ways.

According to the report, Mr. Lemerand recently gifted Bethune-Cookman University $1.4 million to assist with the renovation of two campus buildings. 

“Lemerand, a Daytona Beach entrepreneur and philanthropist, has his name on buildings, streets and scholarships at the University of Florida, Embry-Riddle Aeronautical University and Daytona State College, as well as B-CU. The latest gift will result in the L. Gale Lemerand Academic Multiplex and the L. Gale Lemerand Football Complex.

The complexes, at the southeast corner of East International Speedway Boulevard and North Lincoln Street, will be used for academic support, meeting and office space, recruiting, locker rooms and other similar purposes to support student athletes.

“Mr. Lemerand’s generosity and commitment to furthering education in the state of Florida can’t be overstated,” said William Berry, Bethune-Cookman’s provost and acting president. “He has been a friend of the university for many years now, and we are incredibly thankful for his kindness and investment in ensuring our students have access to the best facilities possible.”

In my view, Mr. Lemerand’s transformative generosity will have a significant and sustainable impact on the lives of Bethune-Cookman University students – and the civic, social, and economic health of our community.

Bethune-Cookman also announced last week a $420,000 donation from the Daytona Beach Racing and Facilities District – along with several other generous gifts from local organizations and individuals – which brought B-CU closer to its $1 million fundraising goal in honor of the University’s 120^th Anniversary. 

In a release by Bethune-Cookman, Mr. Lemerand said, in part:

“When there [are] problems in any organization, whether it’s a college or whether it’s a business organization, there’s a lot of publicity about that. But there’s very little publicity when things start to turn around through the hard work of the current executives of this and the management of this great university. When I found out the things that have been happening behind the scenes and all the improvement and hard work that’s gone into it, it just made me feel that I just needed to do something!”

Kudos to L. Gale Lemerand and others who have so generously supported the resurrection of Bethune-Cookman University and the enduring legacy of Dr. Mary McLeod Bethune. 

Angel               City of Daytona Beach Charter Review Commission

Your loyal scribe passed a personal milestone yesterday with the tenth anniversary of my retirement from local government service. 

How time flies…

During my productive life, my colleagues and I formulated rules, regulations, policies, and procedures – everything from emergency management procedures to duty manuals and continuity of operations plans for worst case scenarios – always developed during times of calm, so those responsible for the safety and wellbeing of others would know how to respond effectively during times of chaos and uncertainty.   

Many times, those guidelines were the results of previous errors and omissions – because making mistakes is an ever-present part of the human condition.  But for those willing to humble themselves to the uncomfortable process, those blunders and oversights can result in valuable lessons – and lasting solutions.

That requires an open, inclusive, and vigorous process of review, input, and reevaluation – always adjusting course to meet changing needs, correct immediate problems, and anticipate future challenges.   

While spontaneity and impulsiveness may be fun at picnics, political impetuosity and recklessness can prove disastrous when it comes to the functions and administration of government. 

That’s why a city or county’s governing document is so important. 

According to the National Civic League, since its introduction in 1915, the “council-manager” form of governance has become the most widely used structure in local governments serving populations over 10,000. 

Although the model has been refined over the years, the fundamental principle remains, “…that all powers of the city be vested in a popularly elected council, which appoints a professional manager who is continuously responsible to and removable by the council, remains the same.”

How those essential functions and responsibilities of government are administrated are embodied in the governing charter.

Over the next several months, the City of Daytona Beach will undertake the important task of reviewing and updating the city charter with the assistance of a civic-minded group comprised of Anne Ruby, Paul Zimmerman, Chris Bowler, Harry Lloyd, Phyllis Terri Malia, Ida Wright and Steve Miller.  Alternates will include Sandy Murphy, John Kenyon, Jack White, William Kamer, Katienna Brown, Russell Wetherington and Frederick Brown.

The Charter Review Commission will consider citizen input on everything from term limits for elected officials to ensuring public input in policy decisions, land use regulations, advisory boards and more, then present their suggestions in a final report to the City Commission on June 5. 

According to the City of Daytona Beach:

“Any recommended changes will be presented to the City Commission for authorization and two public hearings will be established for public input. Upon approval, a referendum is held where amendments are presented to the electorate for final adoption. The amendments will be placed on the ballot at the next general election on November 5, 2024.”

In an informative report this week by News-Journal reporter Elieen Zaffiro-Kean we learned, “City commissioners will decide what, if any, charter changes should go before Daytona Beach voters in November. Residents could also get a charter change suggestion on November’s ballot by circulating a petition and getting at least 10% of registered voters to sign it.”

(Please find the News-Journal’s report here: https://tinyurl.com/mrx8kadw )

Residents of Daytona Beach are encouraged to bring their suggestions to upcoming town hall meetings – on Monday, April 8, to be held at the Daytona Beach Police Department’s Community Room, 129 Valor Boulevard, beginning at 6:00pm – the other scheduled for 6:00pm Monday, April 22, at Schnebly Center, 1101 North Atlantic Avenue.

In my view, the charter review process embodies the best attributes of our system of self-governance – allowing everyone an opportunity to participate in formulating constructive change to the city’s governing document. 

Kudos to everyone willing to serve – and provide their valuable input in this important process.

Quote of the Week

“It was a very irregular and disappointing proceeding; after their presentations to the board, principals were sent out of the room by the chair presumably to negotiate. The plaintiff’s spokesman was not afforded his three-minute rebuttal after FDOT respondents presented.

The chair started to proceed to other agenda items, but had to be “called out” by an attendee that “public comment” had not been heard. A dozen or so speakers, representing various environmental groups, and some representing themselves as affected property owners all spoke in opposition to issuing a permit for construction of the I-95/Pioneer Trail interchange.

No one spoke in favor of the interchange. Interestingly, the “public comments” were entertained by the board while the principals were out of the room.

When the principals returned after lengthy delay, no agreements had been reached. The board made no motion on the issue; there was no discussion or “consideration” by the board; there was no vote. By default, the issue went forward to the SJRWMD executive director to issue the permit, setting aside an administrative law judge’s recommendation to deny the permit.

Overall, the St. Johns River Water Management District Governing Board gets “two thumbs down.” It failed to seriously consider public input; it failed to uphold its core mission (per its website) to “protect our natural resources.”

–Rob Bridger, Ormond Beach, political committee chair of the Sierra Club, Volusia-Flagler Group, as excerpted from his Letter to the Editor, “St. Johns River Water Management Board gets ‘two thumbs down,’” Ormond Beach Observer, Tuesday, March 26, 2024

According to the Florida Department of Environmental Protection, the purpose of the state’s five “water management” districts are to provide adequate water supply for the future, protect water quality, flood protection and floodplain management, protect natural systems.

That’s an incredible responsibility in a state growing at an estimated rate of 900 new residents per day – with a limited water supply…   

In my view, earlier this month, the St. Johns River Water Management District lived up to its checkered reputation when the regulatory agency blatantly ignored the recommendation of an administrative law judge and strategically allowed a permit for the controversial Pioneer Trail Interchange to be issued. 

What may seem shocking to the casual observer is nothing new to veteran environmentalists who, for years, have watched the SJRWMD engage in questionable permitting – including a grim period of its history when a former chairman of the SJRWMD governing board received money from public and private clients of his “environmental consultancy” to lobby for their interests in front of the very regulatory agency he oversaw…  

In my view, that weird practice reeked of the quid pro quo transactional politics we’ve come to accept as “bidness as usual” – a perfect example of how “things” work here in the Sunshine State – the biggest whorehouse in the world.

Four years ago, Judy Orcutt, President of the Clean Water Coalition of Indian River County wrote in her widely regarded primer “Here’s how to fix Florida’s water crisis”:

“DeSantis must overhaul the governing boards of all of the water management districts. Many vacancies exist and individuals should be named whose expertise is protecting and cleaning the waters of the state — not those with business-related conflicts of interest.

With strong leadership, free from political pressure and a sufficient budget, the water management districts could resolve much of Florida’s water crisis.”

What’s changed?

Unfortunately, what Mr. Bridger witnessed at the SJRWMD meeting is increasingly common in many governmental and regulatory agencies – a weird parapraxis that reveals the machinations and hidden motives – when governing boards, councils, and commissions are suddenly reminded they have skipped the critical “public comment” period and conveniently forgot to hear from the very constituents they exist to serve. 

Admittedly, I have old-fashioned notions about putting profit over people, “professionals” who knowingly compromise themselves by selling their opinions to the highest bidder, and those who would sacrifice our environment on the altar of greed.

Sound familiar?

I also believe those who have an ethical, moral, and fiduciary responsibility for developing and enforcing regulations designed to protect our dwindling natural places should always err on the side of caution and conservation – ensuring a fair and impartial playing field for challenges to direct threats to our natural systems. 

That begins with meaningful and well-considered input from all stakeholders.   

And Another Thing!

The current iteration of the Volusia County Council has created a highly effective diversion by dreaming up solutions to non-existent problems and wasting precious time in mock debate of benign issues while the pressing problems of our time go unaddressed.

Last week, Councilman Danny Robins created another tempest in a teapot by suggesting the repeal of an ordinance requiring a three-day waiting period and criminal background checks for firearm purchases at gun shows held on property accessible to the public. 

According to the staff report, the ordinance was enacted in 1999 and a similar attempt to repeal the rule was brought before the Council in August 2013, although no action was taken. 

It is increasingly apparent Danny spends his ample idle hours poring over county ordinances, choosing the ones he disagrees with, then dreaming up self-aggrandizing agenda items to get his picture in the newspaper…

In his own inimitable way, Mr. Robins donned his powdered wig and melodramatically crowed, “Repealing this policy has everything to do with good versus evil, and forcing free people to wait, forcing them into a state of unarmed helplessness.”

Look, I happen to be a staunch supporter of the Second Amendment.  The Constitution of the United States ensures that law-abiding citizens have an inalienable right to own and bear firearms, and that protection should never be infringed by an overreaching government. 

Period.  Full stop.    

I just question if this ordinance is the most pressing issue facing Volusia County in 2024?   

The only person to speak on the matter during public comment was Deltona City Commissioner Dana McCool, who recounted a heartbreaking family tragedy that she believes could have been prevented had a waiting period been in effect. 

“I haven’t heard horrible things about when people don’t get guns, but I’ve heard horrible things about when people do get guns,” she said.

In addition, Councilman Jake Johansson seemed troubled by the possibility of repealing the ordinance when he spoke of a Harvard study that found waiting periods are somewhat effective in preventing homicides involving firearms and countered that a waiting period does not prohibit a person from buying a firearm, only delays the purchase. 

Of course, the item gave Councilman Don Dempsey the opportunity to mutate into the theoretical “reasonable man” (I assume to deflect from the fact he wants to frivolously piss away $10+ million of our tax dollars on a motocross track?) who averred, “Just because something’s illegal doesn’t mean the bad guys can’t get their hands on it.  So all we’re doing now is punishing law-abiding citizens from their ability to get a gun quickly.”

Meanwhile, Chairman Jeff Brower cloaked himself as Hooterville’s own a constitutional scholar and pontificated from the dais, “The right of the people to keep and bear arms shall not be infringed. For 200 years we’ve been infringing.”

Now, I’m not sure what Chairman Brower is trying to say (and I’m not convinced he knows how to say it) but he fell right in line with his “colleagues,” once again wasting valuable time on another manufactured issue while Rome burns…   

Meanwhile, here in the Real World, Ormond Beach Holdings, LLC – the developers of a proposed 137-unit hotel on A-1-A at the dilapidated Seminole Avenue approach in Ormond Beach – are seeking to pullback plans to build a sidewalk that would facilitate ADA compliant public access to the beach after Volusia County declined the amenity citing “maintenance and liability” issues. 

Say what?  

The last I checked, public beach access and maintenance are the sole authority of Volusia County and its sluggardly “Coastal Division” – whose very reason for existing is to “Manage, maintain and improve coastal parks, beach access and coastal recreational facilities for the quality-of-life benefit of residents and visitors.”

So what gives?

According to an excellent report by Jarleene Almenas in the Ormond Beach Observer this week:

“An Oct. 16, 2023, email from county staff to the city stated that the county already provided public access to the beach with the Seminole Avenue beach approach, and, that the hotel developers could deed it or provide an easement to the county if they wanted to. But, the county would not maintain it, and suggested that the city or the hotel developers could do so instead.

Ormond Beach Holdings LLC told city staff that they are willing to build the sidewalk — but would not have proposed it in the first place if they knew they would be required to maintain it and provide liability insurance, according to the city staff report.

The Planning Board inquired what the cost of maintaining the sidewalk would be. City Planning Director Steven Spraker said that he didn’t have an exact cost at the time of the meeting, “there certainly is a cost.”

“There’s also an unintended consequence, because the city doesn’t maintain beach access,” Spraker said. “… That is a function of the county, so now you are assuming a county function, and that may lead to other assumptions or other demands in the future.”

While I rarely agree with my friend Rob Merrell, a land use attorney who represents Ormond Beach Holdings, LLC – his assessment that it is inappropriate for a private entity to maintain and accept liability for a public access sidewalk is spot on.   

According to the Observer, “We wanted to do this,” Merrell said. “We thought it was a good gesture. The county was saying they wanted it and the city wanted it.”

Earlier this month, the Ormond Beach Planning Board unanimously voted to recommend the City Commission remove the sidewalk provision from the Planned Business Development.  

Telegraphing that he has apparently never set foot on the Seminole Avenue approach, Planning Board member GG Galloway reportedly said, “I don’t know why we would want a sidewalk there when you have a roadbed ramp that is 20 feet wide.  I would much rather be walking down a road bed than a sidewalk that — by the time I got to the end of the sidewalk — may or may to have stair steps to get me down to the beach.”

Huh? 

Per usual, I’m cornfused…   

Anyone who has attempted to use the narrow Seminole Avenue approach – with reserved hotel parking to the north, and angled public parking to the south, on what is perhaps the most shabby, uninviting, and perennially closed vehicular beach access in Volusia County – knows how beneficial an ADA compliant sidewalk would be. 

Don’t take my word for it.  Drive down to the Seminole Approach (if you can find it) and see for yourself… 

The developer’s request to remove the proposed public sidewalk will be heard by the Ormond Beach City Commission on April 16.

Now, the rest of us rubes (read: Volusia County Taxpayers) should plan on shlepping the kids, beach chairs, coolers, floats, umbrellas, and other gear down an active vehicular beach approach (if it ever reopens, that is…) 

In the meantime, rather than determine why our beaches have the most down-at-the-heels approaches in the state, perhaps the Volusia County Council can waste more time finding another solution searching for a problem… 

That’s all for me.  Have a blessed Easter, everyone!