- April 17, 2024
-
-
Loading
Loading
Flagler Beach has canceled plans for July 4 fireworks on the pier this year, citing concerns about the city's potential pyrotechnics vendor. This will be the third year that the city has not hosted a fireworks show.
Flagler Beach usually contracts with Fireworks by Santore for the show, but wasn't able to book them this year. The city entered talks with another vendor, but had repeated problems.
"If we have to choose bad fireworks over no fireworks, I'm picking none."
— ERIC COOLEY, city commissioner
By the time of a City Commission meeting on June 9, there were limited options.
"Do we want fireworks, or not? That's the bottom line," Commissioner Ken Bryan said at the meeting. "Do we want to have fireworks that night — and that's what I'd like for this commission to decide."
"Not from this guy," Commissioner Eric Cooley replied.
The city manager had told the City Commission in April that the city had no fireworks provider lined up for this year's show.
The city scrambled to find one, but got just one proposal that met city parameters, from a Green Cove Springs pyrotechnics vendor named Ryan Allen.
The commission approved a contract with him, but it quickly became clear that there were issues: Allen backtracked on his initial offer to perform a show similar to Santore's for $24,000, saying he would need $60,000 or would have to reduce the scope of the show. He also could not provide proof of insurance that met city requirements.
When Mayor Suzie Johnston was later presented with a contract for to sign, it was after only after she asked if there had been any changes that she was told that the price had been increased by $1,000, while the length of the show had been reduced from 20 minutes to 17.
"I am going to support it, because I think that we owe to the community."
— KEN BRYAN, city commissioner
"I'm not comfortable, and I'm not going to sign a contract that's been modified and not told," Johnston said at the June 9 City Commission meeting. "That was an agreement that this body in this commission came to upon price and time. It was changed without this body's notification, without their permission or input."
She added, "I'm not comfortable with the city manager changing how the procedures of contracts work. So as long as I'm going to sit in this chair as a mayor for this city, I'm not going to sign a contract that has been altered without commission consent. So you, this body here, can sign the contract, but I will not put my signature on it. I'm sorry."
City Manager William Whitson said the $1,000 increase was because Allen would have to have some of the fireworks ordinance shipped from Illinois.
"Everything's going up, so I didn't see that being a big deal, to change the price from 24 to $25,000," Whitson said. "I'm sorry if I offended the mayor or this board, but I did not see that as a significant change. So I will take responsibility for that."
He added that he believed Allen would be able to stretch the show out to 20 minutes, if necessary. He'd watched one of Allen's shows in Green Cove Springs to make sure it was satisfactory; it had been about 18 minutes.
Asked if she'd be willing to sign the contract if the rest of the commission decided in favor, Johnston said no.
"I'm going off of principle: When there's a change of a contract, I need to be notified before it's given to me," she said.
"I believe we're all supposed to be notified," Commissioner Eric Cooley said. "I've never heard of a contract being changed that the commission has agreed on without commission's consent."
Bryan noted that the city had initially allocated $25,000 for the show: The money comes from a $25,000 Tourist Development Council grant.
Whitson also has some discretion on spending authority, on items up to $20,000.
"It's $1,000 more, it's three minutes less than we're used to. I don't know that anybody would even notice that. My concern is the insurance."
— JANE MEALY, city commissioner
"In this particular situation here, he uses authority to exercise a decision to spend an extra $1,000," Bryan said.
"The city manager does not have any right to change commission contracts," Cooley replied.
In cases in which the city manager has bargaining rights, Cooley said, the commission sets a range.
"We define the parameters," Cooley said. "Then the city manager negotiates within those parameters."
"It's $1,000 more, it's three minutes less than we're used to. I don't know that anybody would even notice that," Commissioner Jane Mealy said. "My concern is the insurance."
If the city were to sign a contract with Allen, he'd have to provide a certificate of insurance with seven days, or he wouldn't be paid and the city wouldn't have a show.
Whitson said that Allen carries $2 million in insurance; Flagler Beach requires $5 million. Allen's broker is working on seeking it, Whitson said.
Cooley noted that Allen had told the Daytona Beach News-Journal that his show would be dramatically different than Santore's.
"To me, that's a huge red flag," Cooley said. "This is not the guy, at this point in the game. You can try to get another vendor. This guy has done bait and switch the entire time we've been doing business with him. ... It is going to be a waste of our taxpayers' money to do business with this guy."
Bryan asked Cooley if he was saying he didn't want any fireworks.
"What I'm saying is if we have to choose bad fireworks over no fireworks, I'm picking none," Cooley said.
Commissioner James Sherman also was concerned about the process of negotiations with Allen, and said he'd lost a lot of sleep over it.
"It's been anything but seamless," he said.
Bryan said he'd be willing to sign a contract with the condition that the city receive proof of insurance within seven days, or the deal would be off.
"That's where I am with this, because I think the folks of Flagler Beach are entitled to fireworks, and looking forward to it," he said. "Sometimes there are risks involved when bringing on somebody new."
Mealy made a motion to sign the contract, contingent on Allen providing proof of insurance within seven days. But no other commissioners supported it, so her motion — and with it, the potential contract for July 4 fireworks — died.
The city of Palm Coast will be holding a fireworks show produced by Fireworks by Santore on July 3, at the Flagler County Executive Airport.
