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VOLUSIA COUNTY BEACH POLICY ADVISORY BOARD
Meeting minutes for July 8, 2008
VOTRAN Meeting Rooms

CALL TO ORDER:
The meeting of July 8, 2008 was called to order by Chairman Lamotte at 5:35 p.m.

BOARD MEMBERS PRESENT
Chairman David Lamotte
Vice-Chairman Glenn Storch
Dr. P.T. Bud Fleuchaus
Judith Craig
David Rigsby
Jason McGuirk
Steven Strawn

BOARD MEMBERS ABSENT
Worley Pruett
Nick Conte

STAFF PRESENT
Tony Sopotnick, Staff Liaison
Judith Hallock, Administrative Support
Charlene Weaver, VC Deputy County Manager/CFO
Rhonda Orr, VC Finance Director
Kevin Sweat, Director VC Beach Patrol 

APPROVAL OF MINUTES OF May 13, 2008 & June 3, 2008:
Jason McGuirk moved to approve the minutes of May 13, 2008 and June 3, 2008.  Chairman Lamotte seconded the motion.  Motion approved unanimously.   

OPEN STATEMENTS
Chairman David Lamotte welcomed Ms. Judith Craig, newly appointed member. 

Ms. Craig welcomes the opportunity to serve on the board.  Mr. Lamotte also welcomed Council Vice-Chair Joie Alexander and Councilman Art Giles. 

PUBLIC PARTICIPATION –  ITEMS NOT ON THE AGENDA (3 MINUTE TIME LIMIT PER SPEAKER)

ONGOING BUSINESS: 
Town of Ponce Inlet Ramp Beautification:  Margie Richards, Town of Ponce Inlet, thanked the board for the opportunity to present the beautification project for North and South Turn beach ramps.  The project drawings were taken before the Historic and Archaeological preservation board due to the properties being historic sites.  Plans will be adjusted to reflect the Historic board’s input to the project.  Native plants will be used to promote the town’s water-wise policy. 

Glenn Storch commends the city of Ponce Inlet on the project and hopes it becomes a model for other communities during their ramp beautification processes.  P.T. Fleuchaus asked what the cost to the County was.  Tony Sopotnick states it is $5,000 matching funds from the county.  Glenn Storch asks when completion date will be.  Ms. Richards states it goes before Council (July 17, 2008) for approval.  Vice-Chairman Storch makes a motion for the Beach Policy Advisory Board to support the proposal.   P. T. Fleuchaus seconded the motion.  Motion approved unanimously.             

Discussion regarding beach tolls:  Chairman Lamotte clarified that he did in fact have a telephone conversation with Director Kevin Sweat prior to the June 3^rd meeting regarding the topics to be discussed and staff representation at that meeting.  Chairman Lamotte did not recall the conversation the night of the June 3^rd meeting.    

Tony Sopotnick announced that finance staff was in attendance to answer questions regarding tolls and that it is not necessary to make a recommendation at this meeting.  This meeting should be viewed as an ongoing philosophical discussion and for information gathering.  Charlene Weaver presented information regarding the county budget along with historical toll revenue and expenditures.   Mr. Rigsby thanked the finance staff for attending.   

Mr. Storch asked the expense of running the beach.  Ms. Weaver stated in FY07-08 the total expense was $12,183,822.  This figure includes the Beach Maintenance Contract, cost associated with the HCP and enforcement of Environmental Regulations and operational costs associated with the Marine Science Center.  The contract for Republic Parking (tolls) expires in 12/08.  Rhonda Orr states the county is preparing a Request For Proposal.  Ms. Orr explained the commission fee is based on revenues taken by Republic, 35% of the first $2 million and 21% of any additional revenues collected.   Mr. Storch asked if the toll revenue was taken away who would fund the expense of the beach.  Ms. Weaver states it would come from any legally allowed funding source including the general fund.  One avenue discussed was having the cities take over some responsibility for services.   Discussion ensued regarding toll revenue and the causes for its decline.  Jason McGuirk questioned staff regarding number of yearly beach passes versus day trippers.  A survey was done in prior years and it was found the largest number of visitors were people from out of the county.  Mr. Rigsby asked if there is any grant money available for restoration or habitat conservation.  Ms. Weaver said some funds were available for renourishment projects.   Mr. Lamotte asked if any Port Authority funds were used for beach maintenance or would they be able to be used in the future, to which Ms. Weaver responded that Port money was used for some park maintenance and to purchase off-beach parking.  Mr. Storch asked if there is any discussion for the county to resume taking over toll collections.  Ms. Weaver states in years’ past it was done that way, but was not cost effective.  Mr. Storch advised at one time the board recommended revising the Beach Management Plan to increase the beach fee for the purpose of acquiring off-beach parking, but rescinded that recommendation when it was found no upland parking could be afforded.  

PUBLIC PARTICIPATION:
Terri Campbell, President of Sons of the Beach stated that daily ticket sales from 2007 were down 36% compared to 2003.  We have taken our biggest asset and turned it into the “World’s Most Unfriendly Beach”.  In 2007 only 19 out of 42 ramps were open to the public.  Tolls have been raised from $1 to $3 to $5 with no increase in revenue.  Tourism has declined and businesses are failing. Ms. Campbell states only 19 of the 42 ramps were open due to cost efficiency.  Ms. Campbell feels the expense of the toll is not the problem, it is the inconvenience for tourists trying to find an open ramp.  Sons of the Beach is asking that the Board recommend to council to lift the tolls and cover the loss of revenue by means of reprioritizing the funds already available, not cover the shortfall with General Fund.   

Mr. Lamotte states better coordination with Cities and County in regards to ramp openings is needed (large events at Ocean Center).  Dr. Fleuchaus states the board has been trying for years to improve signage.  Mr. Storch states this is all part of the proposed Beach Management Plan.  

Paul Zimmerman, states that in the 1960’s there were 4 to 5 the amount of tourists on the beach and no tolls.  Mr. Zimmerman feels it is an unfriendly beach due to the “Beach Rangers”.   Mr. Zimmerman cites an incident he was personally involved in during the July 4^th weekend at which time the ramp was closed and he was issued a traffic citation.   He would like to see less police presence on the beach and more access. 

Mr. Storch states guest courtesy and beach access are key points in the Beach Management Plan. 

Gregg Gimbert spoke on behalf of Paul Carponella, County Council candidate.  Paul supports lifting the beach tolls and reducing “Beach Rangers” to 1995 levels, putting savings into restrooms, ramps and signage, he would like local police and fire to provide services as necessary on the beach and ask Department of Environmental Protection to allow full driving and parking on the beach day and night during the six months of non-turtle nesting season.  Mr. Gimbert feels there are too many “guns on the beach”.  Mr. Gimbert suggests we do not need to ask the cities to take over the police activity, just drop it in their laps.  It is their city and their responsibility to answer calls for service.   

Mr. McGuirk asks Mr. Gimbert what his primary reason is for wanting beach tolls dropped.  Mr. Gimbert states that when he was a teenager the beach had activity 48 weeks a year.  People from all over came to the beach because they knew they could get on the beach, day and night, free access and night driving. 

Lenny Legary loves the beach but dislikes the gates.  He feels uninvited when he sees them and thinks tourists feel the same way.   He wants the “Beach Rangers” off the beach.  

Steve Rumnock,   Sons of the Beach feels the board has a purpose and County Council wants to hear the input from the Board.  Mr. Rumnock disagrees with tolls.  The upland parks (off-beach parking areas) are open and free, why is there a charge to drive on the beach?   

Kevin Sweat, Director Volusia County Beach Patrol states the Federal ITP and HCP regulate the hours of the beach, not the Cities or the County.  The HCP states printed material must be handed out at vehicle access points during turtle nesting season.  Modification of the permit can be achieved.  Mr. Sweat further clarified there is no “Beach Rangers”.  The personnel on the beach are lifeguards, EMT and law enforcement personnel combined, with the emphasis on lifesaving. Mr. Sweat also pointed out that other cities and entities have begun charging fees for the use of boat ramps and parking to offset the cost of business.  Previous studies done have shown day trippers spent less than $20 per person per day.   Police authority cannot be “dumped” back on cities due to the charter.  The county has a great working relationship with most of the cities and looks for ways to share services and work together.   

Chairman Lamotte asked Director Sweat if the ITP were to be modified, how long the process would take.  Director Sweat recommends Bob Ernest, Ecological Associates, Inc. come in to speak with the Board regarding any modification.   Director Sweat reviewed the figures on the cost sheet from Terri Campbell, Sons of the Beach and explained that the change in personal services costs she pointed out was attributed to a shift of positions from the part-time lifeguard budget to the Beach Safety Specialist budget, not an overall increase in personnel.  Chairman Lamotte states that from his experience in listening to the public there is a lack of communication and understanding of how/where/when to access the beach.  The County Manager has been working on a new signage package that is uniform from one city to the next regarding beach information.   

Chairman Lamotte asked if night driving, outside of turtle nesting season, was restricted because of ITP or can it be modified to allow night driving.  It is Director Sweat’s understanding that night driving was removed stemming from a lawsuit against the City of Daytona Beach when someone was killed on the beach and the judged ruled “traffic not fully regulated”.  It is his understanding that removal of night driving has not so much to do with environmental issues as it does with liability issues.  The ITP does stipulate, outside of turtle nesting season, driving from sunup to sundown.   

Dr. Fleuchaus compliments the Beach Patrol for public safety and national recognition.  He questions how complaints were handled by the department.  Director Sweat states customer service and public relations are of utmost importance.  This department does not condone or tolerate actions described earlier. 

Vice Chairman Storch would like to look at options for toll removal.  Without modification to the ITP it is not possible to do a “test” toll removal.  Republic parking has a binding contract until December 2008.  He would like input from legal staff whether there are any options regarding Republic parking’s contract and also input as to what needs to be done to modify the ITP.   Mr. McGuirk asks who determines which ramps are open or closed.  It was clarified that County Council through the Beach Code determines the minimum number of ramps open and the upper level county staff determine which ones.  Director Sweat states only 4 or 5 ramps bring in the majority of the revenue.  Tourists generally will wait in line at the ramps of the main roads leading to the beachside, i.e. International Speedway Boulevard and Dunlawton rather that use alternate ramps.  This was corroborated by Don Agers, Supervisor of Republic Parking.  Chairman Lamotte asks if it is possible to open the ramps deemed unprofitable by Republic and man them with a lifeguard.  Director Sweat states anything is possible and if that is what the County Manager wants done, that is what will be done.  

Ms. Craig asks of the 42 ramps, how many more than the 19 currently open could be open.  At least 6 ramps are in the natural areas or traffic free zones and they are not able to be opened.     

Dr. Fleuchaus believes things change, they cannot stay the same and he stated the change with the unification of the beach has been a great thing.  He states he believes the tolls are a parking fee, not so much a user fee.  People don’t realize the expense of running the beach.  He would like legal input on whether Port Authority funds can be used for beach expenses.   

Vice Chairman Storch states the board has the opportunity right now of looking at the different options and we should see what the contractual obligations are, what the permit obligations are and what is necessary to modify these in addition to what the options are to increase the number of ramps open and to increase access to the beach.  He would like the board to address these at the next couple of meetings.

Mr. McGuirk would like feedback or a survey as to what the public’s opinion is of the tolls.  Right now he is not set on either way and feels $5 is not too much to pay that it shouldn’t keep people away.

ADJOURNMENT:
The meeting was adjourned at 7:45 p.m.

MINUTES RECORDED BY:
Judith Hallock, Beach Safety

MINUTES EDITED BY:
Nanci Nolin, Beach Safety

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