Wednesday, October 20, 2010
Meeting Request
This morning an email was sent out to all the Polk City Council Members. It has now been a week since the petition for a referendum for a special election to dissolve the City of Polk City was presented to City Council at the October 12th, City Council Meeting. We have not yet received a response from the city. Many city residents are asking what is going on and if we have heard anything. To help answer these questions we sent the following email to each individual Council Person:
"Good morning. A group of city residents would like to meet with you to discuss your individual views on the petition to get a referendum for a special election to dissolve the City of Polk City. With the large amount of supporters that signed the petition, we feel it would be in the best interest of the people to let it go to a vote. As a public servant we feel your support should mirror the majority of the views of the people. Please contact us at your earliest convenience and we will attempt to work around your schedule to set up this meeting. If you feel more comfortable responding to this request in an email, we will also respect that. The public is requesting additional information on your personal views regarding how this petition should be handled. We look forward to your timely response.
Sincerely,
Lisa B. Shifflett "
We understand that on Monday, October 18th, Council Member Don Kinsey requested to have a special meeting with fellow council members some time on Thursday, October 21st, to discuss the petition issue, but needs an additional council member to second this request. He stated that we don't know where we are going with this petition until we know where we are on the issue. As of Tuesday afternoon on October, 19th, he had still not been contacted by any of the other Council Members to agree to a meeting to discuss it. Under Florida State Sunshine Law, no two or more elected or appointed officials are permitted to discuss city business issues without officially announcing a meeting and having their discussion either recorded for public review or open to the public. Councilman Kimsey was attempting to have open discussions on this issue, but is still waiting for a response. Councilman Kimsey also stated that Councilman Mike Blethen had sent out notification to the other council persons that he will be out of town between October 23rd and November 2nd, so he has requested that any issues be brought to his attention before that time so he can participate. That time is quickly approaching.
We understand that several of the council members have other day jobs besides their responsibilities at the city, so it can be difficult to reach them during business hours to allow the public to voice their views on city issues. If you call the main city number (863) 984-1375 and go through the automated menu to reach an individual council person, you are likely to end up in voicemail. Since the official website for the City of Polk City has removed the emails for the Council members, we have provided them below:
Mayor Joe LaCascia: Joe.LaCascia@mypolkcity.org
Vice Mayor/Acting City Manager Trudy Block: Trudy.Block@mypolkcity.org
Council Person Nancy Adorno: Mast-fitter@hotmail.com
Councilman Mike Blethen: Mikeb1001@aol.com
Councilman Don Kimsey: Donkis@aol.com
As we receive information back from the council in response to the email this morning, we will update the blog so the public can be informed of their views.
Tuesday, October 19, 2010
Checks and Balances
The US Constitution is the envy of the rest of the world. It is a very simple document that spells out the powers and procedures of the different branches of government, and puts checks and balances in place to prevent abuse of these powers. These same checks and balances are also in place for the state, local and municipal governments to prevent abuse of powers given to the politicians.
Florida enjoys an exceptionally broad public records law with its “Sunshine Law”. Open Government or Government-in-the-Sunshine provides a right to access to government proceedings at both the state and local levels. It is applicable to both elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matters which will foreseeably come before that board for action. It is considered a “staff meeting” when no more than one elected or appointed official attends a meeting to discuss official business.
Polk City is really faced with a serious dilemma since June, 2010, when Vice-Mayor Trudy Block was also appointed as Acting City Manager. As Vice-Mayor she cannot meet with any other member of the City Council unless this meeting is announced to the public and open to the public. According to the City Charter, the Mayor and Vice-Mayor are the only people authorized to sign checks. A City Manager has no power to sign checks. A City Manager is not part of the City Council and has no vote in the City Council decisions. This individual makes recommendations to present to the City Council for their deciding votes at council meetings.
With this in mind, how does Ms. Block separate her duties while she spends all day at City Hall? When she discusses important issues with Mayor LaCascia throughout the day, does she then put on her “City Manager Hat”, so she is not in violation of the Sunshine Law, but is having a “Staff Meeting”?
As Acting City Manager she makes very important decisions, some of which need Council approval. She can then don her “Vice Mayor Hat” and can cast a deciding vote in the City Council meetings. Council Kimsey seems to be the only Council Member to see a problem with this huge conflict of interest and possible abuse of power. At several Council meetings, he has expressed deep concerns regarding this issue, and the other Council members have treated him with disregard. Due to this “Interim City Manager/Vice Mayor dual role, Ms. Block has much more power then the previous City Manager, Cory Carrier, has ever had. This dual role has essentially removed one layer of “checks and balances” from our city government. She initiates the expense, she can approve the expense and sign the checks! Keep in mind Ms Block has no previous public service experience in politics, never mind in running a city.
Since June 17, 2010, Ms Block has been meeting one on one on a regular basis with the Mayor and individual Council Members. As Vice Mayor she met individually with Mayor LaCascia on June 17 and June 24th, and with Council Member Adorno on June 28th. These meetings were publicly announced, and open to the public but timed strategically at 2:00 PM.
As Acting City Manager, Ms Block had scheduled and announced “Weekly Update” meetings on July 1st with Mayor LaCascia, July 6th with Council Kimsey, July 7th with Council Blevin, July 8th with Mayor LaCascia, July 12th with Council Adorno, July 14th with Mayor LaCascia, July 19th with Council Adorno and July 28th with Mayor LaCascia. As Concerned Citizens of Polk City, two of us announced ourselves at City Hall on September 20, 2010 to attend the last scheduled One-On-One meeting with Ms. Block and Council Adorno at 2:00 PM but were advised that the meeting had been canceled. To our knowledge no future meetings have been scheduled. Are the one-on-one Acting City Manager meetings considered Staff Meetings, or two City Council Members meeting to discuss business? Where are the minutes of all these meetings? They cannot be found on the City website.
Monday, October 18, 2010
Cardinal Hill WWF Permit Renewal Process
One anonymous writer made some great comments regarding the Cardinal Hill Waste
Water Facility located on Steven Rd, and we will try to bring these to the forefront with some additional information. He is one of the residents on Steven Dr. who objected to this project being built in his backyard. His request to the Department of Environmental Protection (DEP) was for everyone affected to receive notification in the status change of the facility.
Since the permit expiration date is 2/26/2012, it is necessary for Polk City to submit a new application for a permit renewal or expansion if they plan to keep this facility operational past the expiration date. A communication from Jeff Hilton, P.E., Manager of the Domestic Wastewater Program, stated that at this time, they have not received any applications for a permit renewal or expansion from Polk City.
To receive notification of any permit applications, anyone can sign up for a free subscription to receive e-mail alerts when permit applications are submitted to DEP. The DEP e-mail address is http://pass.dep.state.fl.us/DepPub/welcome.do/ This is a great way to stay informed as to any updates in Polk City’s permit status in regards to this treatment facility.
We did some further research, and discovered that Swift Mud and the DCA refer to the Cardinal Hill facility as “Polk City Interim ID#FLA489093”. In their documents it shows that a permit for a temporary facility was issued on 2/27/2007 and this permit expires on 2/26/2012
The DEP is the lead agency in the state government for environmental management and stewardship and is one of the more diverse agencies in the state government, protecting our air, water and land. The department is divided into 3 primary areas: Regulatory Programs, Land & Recreation, and Planning and Management. Florida’s environmental priorities include restoring America’s Everglades, improving air quality, restoring and protecting the water quality in our springs, lakes, rivers & coastal waters, conserving environmentally-sensitive lands and providing citizens & visitor with recreational opportunities, now and in the future. Additionally, the DEP does not have any direct regulatory authority over residential wells, nor do they have any information or knowledge in regard to the abandonment of residential wells.
Sunday, October 17, 2010
The Ledger Article dated October 17, 2010
The Ledger Article dated October 17, 2010, Voters Deliver Petition to Dissolve Municipality of Polk-City does not address the fact that the City Council consists of officials elected by the people, to serve the people. When the council members ran for office, they promised "change" from the previous administration's actions that created a mountain of debt, and did not have any consideration for the average Polk City residents to be able to afford to live here. The council members that were appointed to the City Council last April promised us that they would listen to the people, and that they would represent them in the choices they make as city council members.
The 2010 Florida Statute 165.051 Dissolution Procedures clearly states that
(1) The Charter of any municipality may be revoked and the municipal corporation dissolved by either:
(a) A special act of the Legislature, or
(b) An ORDINANCE of the governing body of the municipality, approved by a vote of the qualified voters.
(2) If a vote of the qualified voters is required, the governing body of the municipality or, if the municipal governing body does not act within 30 days, the governing body of the county or counties in which the municipality is located, shall set a date of the election which shall be the next regularly scheduled election or a special election held prior to such election, if approved by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance. Notice of the election shall be published at least once a week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality.
On October 12, 2010 the city council was presented with a request, signed by 40% of the registered voters of Polk City, asking the city council to give the voters a chance to vote on whether or not to continue spending money on a future that only promises to create more debt, or to end the debt cycle and dissolve the city.
It is the responsibility of the city council members to give the voters an opportunity to vote on this very important issue if such a large majority of the voters are represented. It does not require an attorney's advice at $200.00/hour to figure that one out. As a matter of fact, does it seem constitutional to use the taxpayers of Polk City's own money to pay Attorney Tom Cloud to stop the citizens voices from being heard???
The city council can do the right thing by approving an ORDINANCE to schedule a special election to let the voters of Polk City choose which direction they want to take....a future burdened with endless debt, or put a period behind the present debt, eliminate this extra layer of government, and pay the present debt off in time.
These politicians can exercise their power to be constructive and represent the wishes of the majority of the people who trusted them with that power when they were appointed, or they can take that power and become "dictators to their own cause" at the expense of their constituents. Sadly, power changes a lot of politicians, no matter at what level of government they serve. They start tuning out the rest of the world, and dance to their own piper.
The 2010 Florida Statute 165.051 Dissolution Procedures clearly states that
(1) The Charter of any municipality may be revoked and the municipal corporation dissolved by either:
(a) A special act of the Legislature, or
(b) An ORDINANCE of the governing body of the municipality, approved by a vote of the qualified voters.
(2) If a vote of the qualified voters is required, the governing body of the municipality or, if the municipal governing body does not act within 30 days, the governing body of the county or counties in which the municipality is located, shall set a date of the election which shall be the next regularly scheduled election or a special election held prior to such election, if approved by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance. Notice of the election shall be published at least once a week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality.
On October 12, 2010 the city council was presented with a request, signed by 40% of the registered voters of Polk City, asking the city council to give the voters a chance to vote on whether or not to continue spending money on a future that only promises to create more debt, or to end the debt cycle and dissolve the city.
It is the responsibility of the city council members to give the voters an opportunity to vote on this very important issue if such a large majority of the voters are represented. It does not require an attorney's advice at $200.00/hour to figure that one out. As a matter of fact, does it seem constitutional to use the taxpayers of Polk City's own money to pay Attorney Tom Cloud to stop the citizens voices from being heard???
The city council can do the right thing by approving an ORDINANCE to schedule a special election to let the voters of Polk City choose which direction they want to take....a future burdened with endless debt, or put a period behind the present debt, eliminate this extra layer of government, and pay the present debt off in time.
These politicians can exercise their power to be constructive and represent the wishes of the majority of the people who trusted them with that power when they were appointed, or they can take that power and become "dictators to their own cause" at the expense of their constituents. Sadly, power changes a lot of politicians, no matter at what level of government they serve. They start tuning out the rest of the world, and dance to their own piper.
Friday, October 15, 2010
Can Polk City Afford Attorney Tom Cloud?
Considering the bills Haines City has been getting from Mr. Cloud, it sure doesn't sound promising. According to the meeting on Tuesday, October 12th, Mr. Cloud will be billing Polk City either $180/hr or $200/hr depending on what type of work he is doing. This rate might sound reasonable until other attorneys are pulled in to help and the total amount of hours are added up.
Polk City doesn't need another bill that will make our heads spin. We have plenty of debt already. The city still needs to figure out where the money will come from to pay the county the $531,000 in back impact fees from 2006 & 2007. How can we afford a hot shot lawyer? Yes, he may be very good at what he does and is specialized in just the kind of experience the City needs to fight the growing list of lawsuits, but realistically, where is this money going to come from? The 2010-2011 Budget appropriated only a total of $48,100 for the entire fiscal year!! Looking at the bill for Haines City, according the article in September 15th's Ledger No Tax or Pay Increases in Haines City's 2011 Budget, Mr. Cloud's bill will likely be much more than what Polk City has budgeted for. This is a quote from page 2 of the article, "The contract with City Attorney Tom Cloud of the GrayRobinson law firm in Orlando will increase 86 percent to $354,000. That's up from $190,000 this year, but the city has spent $335,422 for legal services through July 31." Yikes!!
Mr. Tom Cloud is a partner of the GrayRobinson Law Firm. According to www.gray-robinson.com the website from the GrayRobinson Law Firm, "We have developed a team approach to litigation, in which we assemble a team of lawyers and other professionals to ensure that our clients receive sound advice and the strongest possible representation. When necessary, and with client approval, attorneys from other practices within the firm are consulted regarding specific issues with which they have experience, such as tax and securities matters or environmental and land use issues. Finally, we have developed relationships with experts in Florida and throughout the nation to provide added depth and perspective to our legal services. Realizing the difficulties of other controlling outside expenses, such as experts, we have developed detailed policies for dealing with experts and work closely with our clients to ensure the appropriate expert is chosen to meet their needs. This team approach is a hallmark of the GrayRobinson law firm, and is particularly evident in our litigation department." Does the city think that these legal services will cost $180 - $200 per hour with a team of lawyers working on an issue? Not likely!
If Mr. Cloud is as great as he seems and is so affordable, why didn't Kermit Weeks hire him first for the Fantasy of Flight litigation? Could it be that Mr. Weeks realized he couldn't afford him either?
Polk City doesn't need another bill that will make our heads spin. We have plenty of debt already. The city still needs to figure out where the money will come from to pay the county the $531,000 in back impact fees from 2006 & 2007. How can we afford a hot shot lawyer? Yes, he may be very good at what he does and is specialized in just the kind of experience the City needs to fight the growing list of lawsuits, but realistically, where is this money going to come from? The 2010-2011 Budget appropriated only a total of $48,100 for the entire fiscal year!! Looking at the bill for Haines City, according the article in September 15th's Ledger No Tax or Pay Increases in Haines City's 2011 Budget, Mr. Cloud's bill will likely be much more than what Polk City has budgeted for. This is a quote from page 2 of the article, "The contract with City Attorney Tom Cloud of the GrayRobinson law firm in Orlando will increase 86 percent to $354,000. That's up from $190,000 this year, but the city has spent $335,422 for legal services through July 31." Yikes!!
Mr. Tom Cloud is a partner of the GrayRobinson Law Firm. According to www.gray-robinson.com the website from the GrayRobinson Law Firm, "We have developed a team approach to litigation, in which we assemble a team of lawyers and other professionals to ensure that our clients receive sound advice and the strongest possible representation. When necessary, and with client approval, attorneys from other practices within the firm are consulted regarding specific issues with which they have experience, such as tax and securities matters or environmental and land use issues. Finally, we have developed relationships with experts in Florida and throughout the nation to provide added depth and perspective to our legal services. Realizing the difficulties of other controlling outside expenses, such as experts, we have developed detailed policies for dealing with experts and work closely with our clients to ensure the appropriate expert is chosen to meet their needs. This team approach is a hallmark of the GrayRobinson law firm, and is particularly evident in our litigation department." Does the city think that these legal services will cost $180 - $200 per hour with a team of lawyers working on an issue? Not likely!
If Mr. Cloud is as great as he seems and is so affordable, why didn't Kermit Weeks hire him first for the Fantasy of Flight litigation? Could it be that Mr. Weeks realized he couldn't afford him either?
Thursday, October 14, 2010
ANOTHER Workshop on Reduction of City Manager Spending Limits
Or is this simply a delay tactic? In Tuesday night's City Council Meeting, Councilman Don Kimsey proposed to change the City Manager's authorized spending limit without council approval from $10,000, down to $5.000. A workshop was already held to discuss this issue on October 4th, 2010. After an hour and a half of discussion, Mayor Joe LaCascia was trying to simplify issues by saying, "We just need to plug in your new dollar amount here," when talking about how to modify the spending limits. By the sounds of it, that is what Councilman Don Kimsey was attempting to do at Tuesday's, Oct. 12th meeting.
Based on discussions from the workshop on the 4th, the main hesitation other council members have with any reduction in spending limits is that it will tie the hands of the City Manager to the point where there will be delays in getting decisions made and bills paid until Council Members can meet and decide on items that exceed the new limits. Mr. Kimsey asked Pamela Lawson, the City's Finance Administrator, Tuesday night how many instances come up in excess of $5,000 on a regular basis that are not already approved by contract or budget. She stated that there were essentially none. Ms. Lawson sited a handful of line items in the last month that exceeded the suggested $5,000 limit, but all of the items mentioned were payments made based on previously agreed contracts.
At the end of the discussion of the topic at Tuesday night's meeting, the Mayor did not want to take a vote on the suggested new lower spending limit. Instead, he recommended that another workshop on the issue be planned so it can be discussed in further detail. He stressed that he did not want it to result in any unexpected consequences. The date of this workshop will be announced later.
Here is an article that appeared in the Ledger on October 11th on this same issue: Polk City Manager's Spending Challenged by Councilman
and another from October 13th on the discussions from Tuesday's meeting. Effort to Reign In Polk City's Spending Put Off
Based on discussions from the workshop on the 4th, the main hesitation other council members have with any reduction in spending limits is that it will tie the hands of the City Manager to the point where there will be delays in getting decisions made and bills paid until Council Members can meet and decide on items that exceed the new limits. Mr. Kimsey asked Pamela Lawson, the City's Finance Administrator, Tuesday night how many instances come up in excess of $5,000 on a regular basis that are not already approved by contract or budget. She stated that there were essentially none. Ms. Lawson sited a handful of line items in the last month that exceeded the suggested $5,000 limit, but all of the items mentioned were payments made based on previously agreed contracts.
At the end of the discussion of the topic at Tuesday night's meeting, the Mayor did not want to take a vote on the suggested new lower spending limit. Instead, he recommended that another workshop on the issue be planned so it can be discussed in further detail. He stressed that he did not want it to result in any unexpected consequences. The date of this workshop will be announced later.
Here is an article that appeared in the Ledger on October 11th on this same issue: Polk City Manager's Spending Challenged by Councilman
and another from October 13th on the discussions from Tuesday's meeting. Effort to Reign In Polk City's Spending Put Off
Wednesday, October 13, 2010
The Petition Has Been Turned in to the City
At the City Council Meeting on October 12th, 2010, the completed petition requesting a referendum at a special election for the dissolution of Polk City was presented and turned in to the City Clerk. The following information on the cover letter of the petition was read to the council and the audience. There was also a statement read regarding how allowing the people to vote on this issue is a Win, Win for the City Officials.
Lisa B. Shifflett
P.O. Box 114
Polk City, FL 33868
October 12, 2010
City of Polk City
123 Broadway Blvd., SE
Polk City, FL 33868
To Whom it May Concern:
A group of concerned citizens in the Polk City area have assembled this petition for your review. Due to high tax rates, ever increasing sewer and water rates, out of control city debt, and continuing spending with decreased services, pursuant to section 165.051, of the Florida Statutes, we the undersigned hereby petition to the City of Polk City requesting a referendum at a special election to revoke the charter for the City of Polk City, Florida, as well as dissolve its municipal corporation.
Pursuant to section 99.097 of Florida Statutes, we are requesting that a random sampling verification method be used in certifying the signatures on this petition. We understand that in order to qualify for this method of verification, the petition must contain at least 15% more than the required 10% of the total number of qualified voters registered to vote in the last regular town election. To the best of our knowledge that number is 914 registered voters, 415 voters in precinct 107, 498 voters in precinct 108, and 1 voter in precinct 202. These numbers were provided to us by the Polk County Supervisor of Elections Office.
Enclosed you will find a total of 782 signatures. There is one stack of original signatures from individuals who claim to be registered voters within city limits. There are a total of 396 of these signatures, which is approximately 43% of the total registered voters. 238 of these signatures we have been able to personally verify as registered voters within city limits, which equates to 26% of the registered voters. These are indicated with a circled red “V” to the left of the signature.
There is a second stack of copied signatures which are for informational purposes only and is not to be verified. These are signatures collected from non-registered voters within city limits or from residents who are water and sewer customers of Polk City Utilities, but live outside of city limits. We understand that these individuals have no official voice in this petition or in a city election, but felt it was important to have their voices heard. There are 366 of these signatures.
We look forward to hearing your response and working together to allow the residents of Polk City an opportunity to officially vote on this matter.
Thank you for your support.
Sincerely,
Lisa B. Shifflett
Cc: Michael Craig, Polk County Attorney
Lori Edwards, Polk County Supervisor of Elections
Allowing the public to vote on the issue of dissolving the city is truly a Win, Win situation for the city officials.
First of all, even before the current Council Members took their positions, they were backed by the public because they stated that they wanted to represent the people. They promised to lead the city with openness and transparency. They felt they could make a positive difference in the city and make Polk City a better place to live. Obviously, by the turn out for this petition being larger than any general election in Polk City history, the people have spoken loud and clear. The people are asking that the Council Members hold to their promise to represent their wishes and allow the future of the city to be determined by a vote of the people.
If the result of the vote is to dissolve the city, the Council Members have listened to the majority of the people. The City and County can work together to transition the remaining debt into a manageable package we all can work with. The ongoing overhead expenses of an additional layer of government can be eliminated and the debt can be paid down much faster than a 35 year payment plan.
If the result of the vote is to keep the city, the Council Members have also listened to the majority of the people. The Council Members will have a mandate to go forth and establish a plan to work through the current city problems and debt towards a better future. Even if keeping the city may result in a 35 year plan for higher taxes, special assessments, higher utility fees, and working through times where city services are at an all time low to keep expenses down, the people will have chosen this path.
Please do the right thing and allow the people the right to vote on the future of Polk City.
Thank you.
Following the presentation there was a round of applause from the audience. The Council Members had no comments or questions.
Lisa B. Shifflett
P.O. Box 114
Polk City, FL 33868
October 12, 2010
City of Polk City
123 Broadway Blvd., SE
Polk City, FL 33868
To Whom it May Concern:
A group of concerned citizens in the Polk City area have assembled this petition for your review. Due to high tax rates, ever increasing sewer and water rates, out of control city debt, and continuing spending with decreased services, pursuant to section 165.051, of the Florida Statutes, we the undersigned hereby petition to the City of Polk City requesting a referendum at a special election to revoke the charter for the City of Polk City, Florida, as well as dissolve its municipal corporation.
Pursuant to section 99.097 of Florida Statutes, we are requesting that a random sampling verification method be used in certifying the signatures on this petition. We understand that in order to qualify for this method of verification, the petition must contain at least 15% more than the required 10% of the total number of qualified voters registered to vote in the last regular town election. To the best of our knowledge that number is 914 registered voters, 415 voters in precinct 107, 498 voters in precinct 108, and 1 voter in precinct 202. These numbers were provided to us by the Polk County Supervisor of Elections Office.
Enclosed you will find a total of 782 signatures. There is one stack of original signatures from individuals who claim to be registered voters within city limits. There are a total of 396 of these signatures, which is approximately 43% of the total registered voters. 238 of these signatures we have been able to personally verify as registered voters within city limits, which equates to 26% of the registered voters. These are indicated with a circled red “V” to the left of the signature.
There is a second stack of copied signatures which are for informational purposes only and is not to be verified. These are signatures collected from non-registered voters within city limits or from residents who are water and sewer customers of Polk City Utilities, but live outside of city limits. We understand that these individuals have no official voice in this petition or in a city election, but felt it was important to have their voices heard. There are 366 of these signatures.
We look forward to hearing your response and working together to allow the residents of Polk City an opportunity to officially vote on this matter.
Thank you for your support.
Sincerely,
Lisa B. Shifflett
Cc: Michael Craig, Polk County Attorney
Lori Edwards, Polk County Supervisor of Elections
Allowing the public to vote on the issue of dissolving the city is truly a Win, Win situation for the city officials.
First of all, even before the current Council Members took their positions, they were backed by the public because they stated that they wanted to represent the people. They promised to lead the city with openness and transparency. They felt they could make a positive difference in the city and make Polk City a better place to live. Obviously, by the turn out for this petition being larger than any general election in Polk City history, the people have spoken loud and clear. The people are asking that the Council Members hold to their promise to represent their wishes and allow the future of the city to be determined by a vote of the people.
If the result of the vote is to dissolve the city, the Council Members have listened to the majority of the people. The City and County can work together to transition the remaining debt into a manageable package we all can work with. The ongoing overhead expenses of an additional layer of government can be eliminated and the debt can be paid down much faster than a 35 year payment plan.
If the result of the vote is to keep the city, the Council Members have also listened to the majority of the people. The Council Members will have a mandate to go forth and establish a plan to work through the current city problems and debt towards a better future. Even if keeping the city may result in a 35 year plan for higher taxes, special assessments, higher utility fees, and working through times where city services are at an all time low to keep expenses down, the people will have chosen this path.
Please do the right thing and allow the people the right to vote on the future of Polk City.
Thank you.
Following the presentation there was a round of applause from the audience. The Council Members had no comments or questions.
Tuesday, October 12, 2010
PleaseTry to Attend the City Council Meeting Tonight 10/12 at 7:30 PM
There will be a lot of big issues on the agenda at tonight's meeting. Please try to attend. The meeting is scheduled for tonight, Tuesday October 12th, at 7:30 PM at City Hall.
Here is a link to the Amended Agenda. Amended Agenda October 12, 2010 City Council Meeting
Here is a link to the Amended Agenda. Amended Agenda October 12, 2010 City Council Meeting
Waste Water Treatment Plant Info from DCA
Here's a great link on the response from the DCA (Department of Community Affairs) regarding the large waste water treatment plant that was being planned for the Smith Road area.
DCA Response August 2008
Very interesting reading. Thank you for the link, Anonymous! The DCA is the same state agency that designates the "box" around Polk City that was discussed at the "Budget Plan" meeting last month. They are very concerned about how municipalities impact natural resources and urban sprawl in environmentally sensitive areas of the state such as the Green Swamp area.
DCA Response August 2008
Very interesting reading. Thank you for the link, Anonymous! The DCA is the same state agency that designates the "box" around Polk City that was discussed at the "Budget Plan" meeting last month. They are very concerned about how municipalities impact natural resources and urban sprawl in environmentally sensitive areas of the state such as the Green Swamp area.
Monday, October 11, 2010
Update on Fantasy of Flight Deannexation Lawsuit
This link was posted today by an anonymous commenter on the blog post from October 6th, 2010, about Fantasy of Flight. Ordinance 1265
We expect to get more information on this issue at tomorrow night's City Commission Meeting on October 12th, at 7:30 PM. This will be a very important meeting. Please try to attend.
We expect to get more information on this issue at tomorrow night's City Commission Meeting on October 12th, at 7:30 PM. This will be a very important meeting. Please try to attend.
Sunday, October 10, 2010
Is One Police Officer Enough?
Even Mayberry had two, Andy Taylor and Barney Fife. One of the main responsibilities of a municipality is taking reasonable measures to provide for the safety and security of it's residents. If the city is not able to do this adequately with the high taxes and fees it charges it's residents, then there is a problem.
In tough economic times criminal minds get restless and desperate. If no one is guarding the hen house, eventually, the fox will find his way in. For those of us who have lived here a good long while, we know that Polk City has not always been a sleepy, tranquil town with a low crime rate. Polk City has had it's share of drug issues, vandalism, burglaries, speeders down 33, and is still home to several registered sex offenders and predators? There are 22 of these individuals within a 5 mile radius of City Hall. Here is a link to see where these individuals are located: FDLE Sexual Offender and Predator Search
I understand that Vice Mayor/Acting City Manager Trudy Block has been in touch with Polk County Sheriff Grady Judd regarding our lack of police presence. Hopes are that the Sheriff's Department will voluntarily take up the slack where the city has left off. I'm not so sure this is happening as well as city officials believe. For instance, over the weekend of September 11th & 12th, some residents had voiced concerns over safety issues at the park with the possibility of large numbers of people showing up to sign the petition. We took it upon ourselves to contact the Sheriff's Department to see what coverage was in place in the area, if a need would have come up. We were informed that based on where the closest officers were positioned, in Auburndale and North Lakeland, it would not have been possible for even an occasional drive by if the officer was not busy on a call. Special arrangements were made, per our request, to reposition some officers to make an occasional drive by possible, just in case.
It is not common knowledge that later in the afternoon on Saturday, the 11th, close to 4:15 PM, we were still accepting signatures at the park because the people kept coming. We witnessed an accident that occurred at the intersection of Berkley Road and Citrus Grove Blvd (corrected). A teen had been riding his bike across the street when his bike chain fell off. He lost control of his bike and hit the side of a vehicle passing by. Luckily he was not seriously injured, but we did not know the extent of his injuries at the time. He was obviously in pain, looked like he was going into shock, had a tire mark on his face and shoulder, and had several open wounds. I made the call to 911 as soon as I heard the tires squeal and realized someone had been hit. An ambulance showed up fairly quickly. I would estimate it at about 5-10 minutes. They were wonderful. In the meantime, I contacted the teen's mother and a she was on her way. The EMT's had the teen in the ambulance when his mother arrived. They waited a few minutes to give her time to talk to him before they departed to the hospital. Then the witnesses remained behind to wait for the Sheriff's Department to show up to write their report. And waited, and waited, and waited. Approximately 45-50 minutes after the initial call to 911, a patrol car showed up, and another one arrived shortly after that. Even with special arrangements being made to have an officer closer than normally positioned, it took almost an hour before the first officer arrived! Not very comforting.
What would happen if the bank or local store was being robbed, your house being broken into, you were being car jacked, or two emergencies occurred in the city at the same time? I know these are not pleasant thoughts, but if the one Polk City Police Officer was off duty or busy, you would probably be on your own for quite some time unless a fellow citizen happened to witness it and stepped in to help. Again, not very comforting.
I understand that cutting back on police protection was a cost cutting measure done by the city to help free up some funds to pay the bills. But, if the city cannot afford to provide adequate police protection, the city is not performing one it it's primary responsibilities to the public. If the city is dissolved, the Sheriff's Department is responsible for providing adequate coverage. With more resources and more funding due to the larger population and tax base as a whole, they are obviously better equipped to provide these basic services to this area than one city police officer scheduled for 40 hours a week. The city's tax base is far too small to continue operations as is. How long can this charade continue before something really bad happens?
In tough economic times criminal minds get restless and desperate. If no one is guarding the hen house, eventually, the fox will find his way in. For those of us who have lived here a good long while, we know that Polk City has not always been a sleepy, tranquil town with a low crime rate. Polk City has had it's share of drug issues, vandalism, burglaries, speeders down 33, and is still home to several registered sex offenders and predators? There are 22 of these individuals within a 5 mile radius of City Hall. Here is a link to see where these individuals are located: FDLE Sexual Offender and Predator Search
I understand that Vice Mayor/Acting City Manager Trudy Block has been in touch with Polk County Sheriff Grady Judd regarding our lack of police presence. Hopes are that the Sheriff's Department will voluntarily take up the slack where the city has left off. I'm not so sure this is happening as well as city officials believe. For instance, over the weekend of September 11th & 12th, some residents had voiced concerns over safety issues at the park with the possibility of large numbers of people showing up to sign the petition. We took it upon ourselves to contact the Sheriff's Department to see what coverage was in place in the area, if a need would have come up. We were informed that based on where the closest officers were positioned, in Auburndale and North Lakeland, it would not have been possible for even an occasional drive by if the officer was not busy on a call. Special arrangements were made, per our request, to reposition some officers to make an occasional drive by possible, just in case.
It is not common knowledge that later in the afternoon on Saturday, the 11th, close to 4:15 PM, we were still accepting signatures at the park because the people kept coming. We witnessed an accident that occurred at the intersection of Berkley Road and Citrus Grove Blvd (corrected). A teen had been riding his bike across the street when his bike chain fell off. He lost control of his bike and hit the side of a vehicle passing by. Luckily he was not seriously injured, but we did not know the extent of his injuries at the time. He was obviously in pain, looked like he was going into shock, had a tire mark on his face and shoulder, and had several open wounds. I made the call to 911 as soon as I heard the tires squeal and realized someone had been hit. An ambulance showed up fairly quickly. I would estimate it at about 5-10 minutes. They were wonderful. In the meantime, I contacted the teen's mother and a she was on her way. The EMT's had the teen in the ambulance when his mother arrived. They waited a few minutes to give her time to talk to him before they departed to the hospital. Then the witnesses remained behind to wait for the Sheriff's Department to show up to write their report. And waited, and waited, and waited. Approximately 45-50 minutes after the initial call to 911, a patrol car showed up, and another one arrived shortly after that. Even with special arrangements being made to have an officer closer than normally positioned, it took almost an hour before the first officer arrived! Not very comforting.
What would happen if the bank or local store was being robbed, your house being broken into, you were being car jacked, or two emergencies occurred in the city at the same time? I know these are not pleasant thoughts, but if the one Polk City Police Officer was off duty or busy, you would probably be on your own for quite some time unless a fellow citizen happened to witness it and stepped in to help. Again, not very comforting.
I understand that cutting back on police protection was a cost cutting measure done by the city to help free up some funds to pay the bills. But, if the city cannot afford to provide adequate police protection, the city is not performing one it it's primary responsibilities to the public. If the city is dissolved, the Sheriff's Department is responsible for providing adequate coverage. With more resources and more funding due to the larger population and tax base as a whole, they are obviously better equipped to provide these basic services to this area than one city police officer scheduled for 40 hours a week. The city's tax base is far too small to continue operations as is. How long can this charade continue before something really bad happens?
Friday, October 8, 2010
The City Attorney has Given his 30 Day Notice
It was announced at the beginning of the workshop on Monday, October 4, that the City Attorney, Jeff Sullivan, had given his 30 day notice to resign. The Council Members stated that there were no hard feelings and they wished him well.
It seemed recently, the City Officials had been advised by Mr. Sullivan to seek outside council on several occasions because many issues the city had been faced with he said were outside his realm of expertise. Understandably, with the numerous lawsuits against the City lately, that seat might have gotten pretty hot. Maybe Mr. Sullivan, being an insider and knowing the state the city was in, was already getting his ducks in a row to turn in his resignation. Maybe he saw the writing on the wall, saw this ship is sinking, and decided to bail out while he still could. What do you think???
It seemed recently, the City Officials had been advised by Mr. Sullivan to seek outside council on several occasions because many issues the city had been faced with he said were outside his realm of expertise. Understandably, with the numerous lawsuits against the City lately, that seat might have gotten pretty hot. Maybe Mr. Sullivan, being an insider and knowing the state the city was in, was already getting his ducks in a row to turn in his resignation. Maybe he saw the writing on the wall, saw this ship is sinking, and decided to bail out while he still could. What do you think???
Wednesday, October 6, 2010
What's Going on with the Latest Lawsuit Against Fantasy of Flight?
A City Council Special Meeting was planned for September 23rd to discuss this latest lawsuit filed against the City. This meeting was canceled at the last minute.
We were able to obtain a copy of the lawsuit filed against the City by Orlampa, Inc. and Kermit Weeks. You can view this document here: Petition for Writ of Certiorari
We were able to obtain a copy of the lawsuit filed against the City by Orlampa, Inc. and Kermit Weeks. You can view this document here: Petition for Writ of Certiorari
Tuesday, October 5, 2010
Update on Lakeland Electric Contract Expiration
Yesterday I was able to get additional information from City Clerk Patricia Jackson and Vice Mayor/Acting City Manager Trudy Block concerning the status of this contract with Lakeland Electric. Both of them concluded that the 2010 expiration date noted in the 2009-2010 Budget Document must be a type-o since the City Ordinance pertaining to the Franchise Agreement with Lakeland Electric indicated that it was last renewed on April 2nd, 1991 for a 20 year contract. This would make the expiration date of this contract in April of 2011. I hope this is correct.
Ms. Jackson sent me a scanned file of the ordinance which can be viewed here: Lakeland Electric Franchise Agreement Ordinance
Ms. Jackson sent me a scanned file of the ordinance which can be viewed here: Lakeland Electric Franchise Agreement Ordinance
Purchasing Limits for City Manager
This was the main topic of discussion at the City Council Workshop last night. Currently, Polk City's municipal code, also known as the city charter, allows for the City Manager to make purchases up to $10,000 without prior approval of the rest of the council members. The actual charter states:
a. City council is responsible for the approval of: The city's annual operation budget, major purchases (those that are $10,001.00 and above) forwarded by the city manager, and disposal of surplus property.
b. City manager is responsible for approval of all purchase orders up to $10,000.00 through signature on purchase orders.
Councilman Don Kimsey thinks this $10K limit it too high or other restrictions should be put in place.
In comparison, what are the limits for other surrounding area cities? At www.municode.com you will find a list of many other Florida city's charters with this type of information. This is a summary of what we found: Keep in mind that all municipal codes are different, so it is not a simple process of comparing apples to apples. In many cases we did the best we could to find relevant information regarding the spending authority of the position of City Manager or relevant purchasing or budgetary power.
Winter Haven: For purchases, not sales, in excess of $3,000 opportunity for competition shall be given.
Lakeland: In any case in excess of $1,500 opportunity for competition shall be given, except in emergency where it has been determined and documented competition is required.
Mulberry: Contracts for city improvements, under $10K, no approval needed, $10K-$25K, must be brought before city council for approval, in excess of $25K competitive bidding required. On purchases or contracts competitive bidding is required in excess of $25,000, except in emergency situations without competitive bidding if 4 of 5 of council members approve. Keep in mind that Mulberry fell into an officially declared state of Financial Emergency in it's past and worked it's way out of it. This policy structure may have been relevant to that situation or not.
Eagle Lake: Small purchases of $150 or less, no phone comparison pricing required. Other small purchases under $6,000, verbal telephone price comparison of local suppliers required. Ordinary purchases larger than $6K, but less than $20K, competitive negotiations required by written proposals or estimates from local suppliers. Large purchases in excess of or reasonably expected to exceed $20K, competitive sealed bid process and formal public notices requesting bids required.
Lake Alfred: He shall be the purchasing officer of the city; and he shall purchase all supplies and equipment for the agencies, boards, departments and other offices of the city. He shall keep an account of all purchases and shall, from time to time or when directed by the city commission, make a full written report of purchases. He shall also issue rules and regulations, governing the procurement of all municipal supplies and equipment. He may employ experts and consultants to perform work and to advise him in connection with any of the functions of the city, within budget capacity. Budgetary transfers in excess of $5,000, must have prior approval of the city commission.
Davenport: Any purchases in excess of $100 require issuance of purchase order and followed up with packing slips when item is received. Purchases not required to obtain bids because it is unreasonable: salaries, wages, some professional services, items/services available from one source, supplies purchased as need for maintenance, etc., purchases made through utilization of state contracts or other government entities. Unless otherwise prohibited by law, regulation or ordinance, the city manager may request, and the city commission may, by majority vote, waive sealed bid requirements of this section, and authorize the city manager to purchase items or services by negotiation, rather than by soliciting sealed bids. If the city manager decides to openly negotiate, in lieu of proceeding pursuant to sealed bids, the city manager shall receive a minimum of three (3) written quotes through advertisement, by telephone or by facsimile in permitted amounts as hereinafter prescribed by a duly adopted resolution. Once assembled, all written quotes shall be presented to the city commission with a recommendation. The reasoning behind any recommendation shall be given for any quote which was not the lowest quote provided. In cases of accident, disaster, or other public emergency situations in amounts above $1K, but less than $10K, City Manager can sign contracts or make purchases to address emergency, but shall immediately file with the city commission a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. Any purchases over $10K requires an emergency meeting of city council for approval of purchases.
Dundee: The procurement of goods, services, materials, supplies and equipment, by or on behalf of the town, including those transactions through which the town council shall receive revenue, in an amount equal to or in excess of the $5,000.00, shall be awarded by a competitive bid or competitive proposal process as specifically, provided herein, except as otherwise provided herein, or by state or federal law. Competitive bidding shall be the preferred method of competition where possible.
Another recommendation was suggested by a member of the audience last night after discussions by the council. He suggested that maybe they should consider the standards that the county currently uses where under $5K needs no approval and above that amount there are different procedures for approval or bids based on the dollar value. He said that this structure appears to be working very well for the county.
As you can see, there are many different ways municipalities are attempting to control spending by the City Manager. It is not always by a meeting of the City Council Members to approve above X amount of dollars to be spent, as is the case with Polk City's charter, but a least there is a formal process and checks and balances in place to keep things reasonable and under control. Considering these tough economic times, the mountain of city debt, and small city tax base being questionable to provide adequate renewable revenue sources, it is not out of the question to revisit these ordinances and procedures outlined in the city charter. Instead of making these issues about questioning competency, trust, or personal judgment, the ordinances and charter codes should be written in such a way to deter overspending, have guidelines built in to allow for competitive price comparison, and create accountability. If these adjustments are made, regardless of who the individual is in that position not only are the city finances being protected, but it will allow for the flexibility in judgment needed to do the job of City Manager.
We hope that a reasonable middle ground can be reached on this issue. It may take more than a simple, plug in your new dollar amount here, as described by Mayor Joe LaCascia during last night's discussions. Increasing these checks and balances and clearly defining additional financial procedures was also pointed out as one of the weaknesses the city needs to address in the recent audits.
a. City council is responsible for the approval of: The city's annual operation budget, major purchases (those that are $10,001.00 and above) forwarded by the city manager, and disposal of surplus property.
b. City manager is responsible for approval of all purchase orders up to $10,000.00 through signature on purchase orders.
Councilman Don Kimsey thinks this $10K limit it too high or other restrictions should be put in place.
In comparison, what are the limits for other surrounding area cities? At www.municode.com you will find a list of many other Florida city's charters with this type of information. This is a summary of what we found: Keep in mind that all municipal codes are different, so it is not a simple process of comparing apples to apples. In many cases we did the best we could to find relevant information regarding the spending authority of the position of City Manager or relevant purchasing or budgetary power.
Winter Haven: For purchases, not sales, in excess of $3,000 opportunity for competition shall be given.
Lakeland: In any case in excess of $1,500 opportunity for competition shall be given, except in emergency where it has been determined and documented competition is required.
Mulberry: Contracts for city improvements, under $10K, no approval needed, $10K-$25K, must be brought before city council for approval, in excess of $25K competitive bidding required. On purchases or contracts competitive bidding is required in excess of $25,000, except in emergency situations without competitive bidding if 4 of 5 of council members approve. Keep in mind that Mulberry fell into an officially declared state of Financial Emergency in it's past and worked it's way out of it. This policy structure may have been relevant to that situation or not.
Eagle Lake: Small purchases of $150 or less, no phone comparison pricing required. Other small purchases under $6,000, verbal telephone price comparison of local suppliers required. Ordinary purchases larger than $6K, but less than $20K, competitive negotiations required by written proposals or estimates from local suppliers. Large purchases in excess of or reasonably expected to exceed $20K, competitive sealed bid process and formal public notices requesting bids required.
Lake Alfred: He shall be the purchasing officer of the city; and he shall purchase all supplies and equipment for the agencies, boards, departments and other offices of the city. He shall keep an account of all purchases and shall, from time to time or when directed by the city commission, make a full written report of purchases. He shall also issue rules and regulations, governing the procurement of all municipal supplies and equipment. He may employ experts and consultants to perform work and to advise him in connection with any of the functions of the city, within budget capacity. Budgetary transfers in excess of $5,000, must have prior approval of the city commission.
Davenport: Any purchases in excess of $100 require issuance of purchase order and followed up with packing slips when item is received. Purchases not required to obtain bids because it is unreasonable: salaries, wages, some professional services, items/services available from one source, supplies purchased as need for maintenance, etc., purchases made through utilization of state contracts or other government entities. Unless otherwise prohibited by law, regulation or ordinance, the city manager may request, and the city commission may, by majority vote, waive sealed bid requirements of this section, and authorize the city manager to purchase items or services by negotiation, rather than by soliciting sealed bids. If the city manager decides to openly negotiate, in lieu of proceeding pursuant to sealed bids, the city manager shall receive a minimum of three (3) written quotes through advertisement, by telephone or by facsimile in permitted amounts as hereinafter prescribed by a duly adopted resolution. Once assembled, all written quotes shall be presented to the city commission with a recommendation. The reasoning behind any recommendation shall be given for any quote which was not the lowest quote provided. In cases of accident, disaster, or other public emergency situations in amounts above $1K, but less than $10K, City Manager can sign contracts or make purchases to address emergency, but shall immediately file with the city commission a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. Any purchases over $10K requires an emergency meeting of city council for approval of purchases.
Dundee: The procurement of goods, services, materials, supplies and equipment, by or on behalf of the town, including those transactions through which the town council shall receive revenue, in an amount equal to or in excess of the $5,000.00, shall be awarded by a competitive bid or competitive proposal process as specifically, provided herein, except as otherwise provided herein, or by state or federal law. Competitive bidding shall be the preferred method of competition where possible.
Another recommendation was suggested by a member of the audience last night after discussions by the council. He suggested that maybe they should consider the standards that the county currently uses where under $5K needs no approval and above that amount there are different procedures for approval or bids based on the dollar value. He said that this structure appears to be working very well for the county.
As you can see, there are many different ways municipalities are attempting to control spending by the City Manager. It is not always by a meeting of the City Council Members to approve above X amount of dollars to be spent, as is the case with Polk City's charter, but a least there is a formal process and checks and balances in place to keep things reasonable and under control. Considering these tough economic times, the mountain of city debt, and small city tax base being questionable to provide adequate renewable revenue sources, it is not out of the question to revisit these ordinances and procedures outlined in the city charter. Instead of making these issues about questioning competency, trust, or personal judgment, the ordinances and charter codes should be written in such a way to deter overspending, have guidelines built in to allow for competitive price comparison, and create accountability. If these adjustments are made, regardless of who the individual is in that position not only are the city finances being protected, but it will allow for the flexibility in judgment needed to do the job of City Manager.
We hope that a reasonable middle ground can be reached on this issue. It may take more than a simple, plug in your new dollar amount here, as described by Mayor Joe LaCascia during last night's discussions. Increasing these checks and balances and clearly defining additional financial procedures was also pointed out as one of the weaknesses the city needs to address in the recent audits.
Monday, October 4, 2010
Councilman Encourages Public to Attend Workshop Tonight Oct. 4th
Although tonight's meeting is a workshop, Councilman Don Kimsey is asking citizens to
attend this meeting at 6:00 PM.Agenda for October 4th City Council Workshop
Sunday, October 3, 2010
What is FGUA doing for other areas in the state?
The New Port Richey area in Pasco County has FGUA running their water system. Here is an article about some of the things going on there: FGUA hopes plant upgrade will improve drinking water quality
I know the city officials have stated that FGUA is not the only sub-contractor they are looking at to run the city's water and sewer utilities, but it sure sounds like the odds of the rates increasing even more is pretty likely.
I know the city officials have stated that FGUA is not the only sub-contractor they are looking at to run the city's water and sewer utilities, but it sure sounds like the odds of the rates increasing even more is pretty likely.
Friday, October 1, 2010
Expiration of Lakeland Electric Contract in 2010
While looking through the 2009 - 2010 Fiscal Year Budget Document I stumbled upon some interesting contract information that to my knowledge had not been disclosed to the public.
On printed page number 22 & 23, actual document page number 23 & 24, under the Franchise Fees: General Fund description is where I found this information. Here is a link to the actual document on Polk City's web site: FY 2009-2010 Budget Document
This section states, "The city receives franchise fees from Lakeland Electric, Tampa Electric and Florida Refuse the sanitation company that the city has contracted with. In 2008, the agreement with Tampa Electric was renewed, and revised to include all the customers. The agreement for Lakeland expires in 2010 and council has given clear direction to staff to attempt to have Polk City removed from Lakeland's service area due to egregiously high electric rates. In addition, Lakeland has fallen behind in payments to the city. The city may have to consider an audit of Lakeland Electric's accounts to ensure that the city is receiving the fees owed. Our projection does not reflect an increase due to economic factors."
Considering how may city residents expressed concern about their high electric bills from Lakeland Electric during the petition signing, when I found this over the weekend, first thing Monday morning September 27th, I contacted the Acting City Manager/Vice Mayor Trudy Block to find out what the status of the Lakeland Electric contract was. She indicated that she had not heard anything about this contract expiration, but she would look into it. She said that since she took office in April, she did not know if the contract has expired prior to her taking office and that was possibly why she had not heard anything, or possibly they had not had time to look at this issue due to all the other things they had been working on. I stressed the importance of this contract issue due to the hardship that these high fees are putting on the majority of the city's population during these tough economic times, plus that fact that it could be an additional revenue source if back monies still need to be collected from Lakeland.
I called her back the following day, Tuesday, to see if she had any additional information. She said she had not had time to look into it yet. Wednesday, I was unable to reach her. Thursday, I called her again. By the tone in her voice, she appeared to be getting a little agitated by my phone calls. She still did not have any additional information on the issue. She made it sound like it was on her To Do List, but is was not a priority. I think the majority of the city residents would disagree. These high bills hit close to 90% of the city residents every month. If this contract with Lakeland Electric has expired and nothing has been done, there could be some financial relief in the near future of these residents if the city would follow up on this issue and finish what the previous administration had started the process on.
Please contact the City Officials in person or on the phone at (863)984-1375 and let them know how important this issue really is to the people. The more they hear from the people, maybe they can realize that this issue does need a bump up on the priority list to give the residents some relief. Apparently the city officials have no concept of living paycheck to paycheck and the struggles of trying to figure out where the money is going to come from to keep food on the table in these tough economic times.
On printed page number 22 & 23, actual document page number 23 & 24, under the Franchise Fees: General Fund description is where I found this information. Here is a link to the actual document on Polk City's web site: FY 2009-2010 Budget Document
This section states, "The city receives franchise fees from Lakeland Electric, Tampa Electric and Florida Refuse the sanitation company that the city has contracted with. In 2008, the agreement with Tampa Electric was renewed, and revised to include all the customers. The agreement for Lakeland expires in 2010 and council has given clear direction to staff to attempt to have Polk City removed from Lakeland's service area due to egregiously high electric rates. In addition, Lakeland has fallen behind in payments to the city. The city may have to consider an audit of Lakeland Electric's accounts to ensure that the city is receiving the fees owed. Our projection does not reflect an increase due to economic factors."
Considering how may city residents expressed concern about their high electric bills from Lakeland Electric during the petition signing, when I found this over the weekend, first thing Monday morning September 27th, I contacted the Acting City Manager/Vice Mayor Trudy Block to find out what the status of the Lakeland Electric contract was. She indicated that she had not heard anything about this contract expiration, but she would look into it. She said that since she took office in April, she did not know if the contract has expired prior to her taking office and that was possibly why she had not heard anything, or possibly they had not had time to look at this issue due to all the other things they had been working on. I stressed the importance of this contract issue due to the hardship that these high fees are putting on the majority of the city's population during these tough economic times, plus that fact that it could be an additional revenue source if back monies still need to be collected from Lakeland.
I called her back the following day, Tuesday, to see if she had any additional information. She said she had not had time to look into it yet. Wednesday, I was unable to reach her. Thursday, I called her again. By the tone in her voice, she appeared to be getting a little agitated by my phone calls. She still did not have any additional information on the issue. She made it sound like it was on her To Do List, but is was not a priority. I think the majority of the city residents would disagree. These high bills hit close to 90% of the city residents every month. If this contract with Lakeland Electric has expired and nothing has been done, there could be some financial relief in the near future of these residents if the city would follow up on this issue and finish what the previous administration had started the process on.
Please contact the City Officials in person or on the phone at (863)984-1375 and let them know how important this issue really is to the people. The more they hear from the people, maybe they can realize that this issue does need a bump up on the priority list to give the residents some relief. Apparently the city officials have no concept of living paycheck to paycheck and the struggles of trying to figure out where the money is going to come from to keep food on the table in these tough economic times.
Thursday, September 30, 2010
FY 2010-2011 Budget Document Posted on Polk City's Web Page
The Fiscal Year 2010 - 2011 Budget Document that goes into more detail on the actual revenues and expenditures is posted on Polk City's web site now. Here's the link: FY 2010-2011 Budget Document
It is quite a long document, but not as long as the similar documents from previous years. If you compare this one to the earlier ones, you will notice that the explanations of how the revenue figures are estimated, revenue trends, and how external factors may effect them are omitted from this new document. Other information comparing similar sized municipalities in Polk County on several different factors, explanations of fund appropriations, basis of budgeting, financial policies, and debt service information and summary are also omitted. I called Pam Lawson, the Financial Administrator, for an explanation. She stated that this information is not required to be in the budget document and that all required information is there. That may be the case, but it sure would have been nice to see how they arrived at these figures this year in a little more detail.
I also got clarification that the "Priviledge Fees" under the Sewer and Water categories are the WAC (Water Access Charge) and SAC (Sewer Access Charge) fees. $169,450 in SAC fees and $83,570 in WAC fee revenues are budgeted. When I questioned the placement of these estimated revenue sources in the budget when the legality of these fees, according to Vice Mayor / Acting City Manager Block's statement at the County meeting on September 15th, are being questioned and legal council out of Orlando has been retained by the City to look into this issue further. Ms. Lawson expressed certainty that these fees were legal and that maybe some wording would have to be tweaked, but that these fees will be assessed and collection procedures would be started for those that are not paid.
When I asked about where the money for all the lawsuits was budgeted, Ms. Lawson stated that Department #514 in the budget is for Legal Council. According to the adopted figures for "Professional Services - Legal Council" and the "Professional Services - Other - Legal Council" categories totals $42,000 combined. When I questioned that the budgeted amount seemed rather low considering the multiple lawsuits currently against the city and the possibility of future ones, Ms. Lawson stated that this is just a rough estimate and if additional money is needed, then less money will need to be spent in other areas of the budget to help pay for it. Not very comforting.
I also questioned the line items under Expenditures for "Fund Balances/Reserves/Net Assets" totaling $228,533 that was in the tentatively approved budget prior to the city cutting the $348,799.34 to the county, and was still approved in the final budget later that same week. Looking at the bank statement, those monies were pretty much depleted by writing that check. Ms. Lawson stated that the money doesn't need to currently be in those accounts for it to be approved in the budget. According to her, those monies will accumulate throughout the year to cover these needed expenses.
That appears to be pretty wishful thinking considering that the FY2009 Audit stated on page 33, "The result of our assessment indicates the City is experiencing an overall deterioration in its financial condition. The general fund's total liabilites exceed the general fund's total assets by $246,728. The enterprise funds owed the general fund $169,155 as of September 30, 2009, for which resources were not available for current repayment. Furthermore, the enterprise funds' current liablities of $1,226,507 far exceed its current assets of $393,794. The two enterprise funds are not generating fund's resources. Other causes of this deteriorating financial condition included a lack of short-term and long-term financial plans to guide the City, a lack of cash analysis and forecasts and various control deficiencies as reported in prior audits."
I didn't see anywhere in the budget document any explanation as to where the city is going to come up with the outstanding $531,000 in back Impact Fees that the city owes the county from 2007 & 2008, either.
But then again, the City officials keep stating, "The Budget is Balanced." What do you think??
It is quite a long document, but not as long as the similar documents from previous years. If you compare this one to the earlier ones, you will notice that the explanations of how the revenue figures are estimated, revenue trends, and how external factors may effect them are omitted from this new document. Other information comparing similar sized municipalities in Polk County on several different factors, explanations of fund appropriations, basis of budgeting, financial policies, and debt service information and summary are also omitted. I called Pam Lawson, the Financial Administrator, for an explanation. She stated that this information is not required to be in the budget document and that all required information is there. That may be the case, but it sure would have been nice to see how they arrived at these figures this year in a little more detail.
I also got clarification that the "Priviledge Fees" under the Sewer and Water categories are the WAC (Water Access Charge) and SAC (Sewer Access Charge) fees. $169,450 in SAC fees and $83,570 in WAC fee revenues are budgeted. When I questioned the placement of these estimated revenue sources in the budget when the legality of these fees, according to Vice Mayor / Acting City Manager Block's statement at the County meeting on September 15th, are being questioned and legal council out of Orlando has been retained by the City to look into this issue further. Ms. Lawson expressed certainty that these fees were legal and that maybe some wording would have to be tweaked, but that these fees will be assessed and collection procedures would be started for those that are not paid.
When I asked about where the money for all the lawsuits was budgeted, Ms. Lawson stated that Department #514 in the budget is for Legal Council. According to the adopted figures for "Professional Services - Legal Council" and the "Professional Services - Other - Legal Council" categories totals $42,000 combined. When I questioned that the budgeted amount seemed rather low considering the multiple lawsuits currently against the city and the possibility of future ones, Ms. Lawson stated that this is just a rough estimate and if additional money is needed, then less money will need to be spent in other areas of the budget to help pay for it. Not very comforting.
I also questioned the line items under Expenditures for "Fund Balances/Reserves/Net Assets" totaling $228,533 that was in the tentatively approved budget prior to the city cutting the $348,799.34 to the county, and was still approved in the final budget later that same week. Looking at the bank statement, those monies were pretty much depleted by writing that check. Ms. Lawson stated that the money doesn't need to currently be in those accounts for it to be approved in the budget. According to her, those monies will accumulate throughout the year to cover these needed expenses.
That appears to be pretty wishful thinking considering that the FY2009 Audit stated on page 33, "The result of our assessment indicates the City is experiencing an overall deterioration in its financial condition. The general fund's total liabilites exceed the general fund's total assets by $246,728. The enterprise funds owed the general fund $169,155 as of September 30, 2009, for which resources were not available for current repayment. Furthermore, the enterprise funds' current liablities of $1,226,507 far exceed its current assets of $393,794. The two enterprise funds are not generating fund's resources. Other causes of this deteriorating financial condition included a lack of short-term and long-term financial plans to guide the City, a lack of cash analysis and forecasts and various control deficiencies as reported in prior audits."
I didn't see anywhere in the budget document any explanation as to where the city is going to come up with the outstanding $531,000 in back Impact Fees that the city owes the county from 2007 & 2008, either.
But then again, the City officials keep stating, "The Budget is Balanced." What do you think??
Lawsuits
On September 20, 2010, Polk City officials took everyone by surprise when they presented a check in the amount of $348,772 to the Polk County Commission for two defaulted loan payments on the Mt. Olive Water & Sewer Facility for 2009 & 2010. This payment was made on the deadline that the county gave to the Polk City to prevent the County from contacting the Governor's office to have Polk City declared in a Financial State of Emergency. This payment, however, does not reverse the county commissioners' decision , made on September 15, 2010, to take back the Mt. Olive Water & Sewer System.
After this payment was received from Polk City, Polk County Commissioner Sam Johnson e-mailed this response to all the e-mails he received.
"Good Morning! Thank you for your emails. The County will continue our efforts in securing control and operation of the Mount Olive System. Unfortunately it appears we will have to begin legal proceedings due to the action of the Polk City Commission. We will do what has to be done. However, the only ones who will really benefit from the legal maneuvering are the attorneys.
Sincerely,
Sam Johnson
Did Polk City officials, in their 2010-2011 budget include upcoming legal fees that will cover this litigation, as well as addition legal battles on the horizon? The Fantasy of Flight de-annexation battle is by no means settled. It's awaiting a decision to possibly be heard in a higher court. Mt. Olive Shores North is awaiting the city's decision on their request for de-annexation. If that is not favorable to the Mt. Olive Shores residents will that decision result in an additional legal battle? The Cardinal Hill waste treatment plant is also on shaky legal grounds in 2012 with local residents not happy with the city's decision to place this treatment plant in their backyards under pretenses that it was only temporary until July 1, 2012, at which time it is to be dismantled, according to the lease.
These are major concerns that need to be addressed by the Polk City officials.
After this payment was received from Polk City, Polk County Commissioner Sam Johnson e-mailed this response to all the e-mails he received.
"Good Morning! Thank you for your emails. The County will continue our efforts in securing control and operation of the Mount Olive System. Unfortunately it appears we will have to begin legal proceedings due to the action of the Polk City Commission. We will do what has to be done. However, the only ones who will really benefit from the legal maneuvering are the attorneys.
Sincerely,
Sam Johnson
Did Polk City officials, in their 2010-2011 budget include upcoming legal fees that will cover this litigation, as well as addition legal battles on the horizon? The Fantasy of Flight de-annexation battle is by no means settled. It's awaiting a decision to possibly be heard in a higher court. Mt. Olive Shores North is awaiting the city's decision on their request for de-annexation. If that is not favorable to the Mt. Olive Shores residents will that decision result in an additional legal battle? The Cardinal Hill waste treatment plant is also on shaky legal grounds in 2012 with local residents not happy with the city's decision to place this treatment plant in their backyards under pretenses that it was only temporary until July 1, 2012, at which time it is to be dismantled, according to the lease.
These are major concerns that need to be addressed by the Polk City officials.
Wednesday, September 29, 2010
Note in FY 2009 Audit about TEMPORARY Cardinal Hill Plant
If you look at page 40, marked page 25, of the Fiscal Year 2009 Audit posted on Polk City's website, FY09 Audit of Polk City , you will see about 2/3rds down the page, the 3rd bullet point. It states:
"The City has entered into a lease agreement with Cardinal Hill, LLC to lease a parcel of land to be utilized for a temporary wastewater treatment package plant. In lieu of a cash lease payment; the City credits the property owner with one water and sewer impact fee per month of the six year lease which began on February 1, 2006. The City guaranteed complete removal of the wastewater treatment plant operation no later than July 1, 2012. If the City has not removed the wastewater treatment operation as of July 1, 2012, the City will continue to credit the owner with one water and sewer impact fee per month plus an additional monthly cash payment of $1,000 until the operation has been removed."
My question is, if this is a temporary plant as stated in the lease agreement that is to be REMOVED by July 1, 2012, why is the city budgeting to spend $65,500 in Capital Outlay for this plant?
The detail of the FY 2010-2011 budget states $58,000 will be for "Improvements Other than Buildings- Card Hill WWTP"
"Description - Included in this category are expenditures for capital improvements over $500 in a given department. Items would include the expansion of water and sewer lines, street repaving, computer software, etc. Justification - Two new quieter blowers to replace ones that are in need of rebuilding $33,500. SCADA system $6,500, Fence and security for plant after theft this year $17,500. Approx 6800' force main to 33 to move water to spray field ($850,000). $45,000 to remove 15 single family home off well and on to city water to allow expansion of spray field."
This sure doesn't sound like a TEMPORARY plan to me!! I guess as one homeowner in that area so politely stated at the last meeting on September 21st, there will be more lawsuits to come. Just what this city needs!!
"The City has entered into a lease agreement with Cardinal Hill, LLC to lease a parcel of land to be utilized for a temporary wastewater treatment package plant. In lieu of a cash lease payment; the City credits the property owner with one water and sewer impact fee per month of the six year lease which began on February 1, 2006. The City guaranteed complete removal of the wastewater treatment plant operation no later than July 1, 2012. If the City has not removed the wastewater treatment operation as of July 1, 2012, the City will continue to credit the owner with one water and sewer impact fee per month plus an additional monthly cash payment of $1,000 until the operation has been removed."
My question is, if this is a temporary plant as stated in the lease agreement that is to be REMOVED by July 1, 2012, why is the city budgeting to spend $65,500 in Capital Outlay for this plant?
The detail of the FY 2010-2011 budget states $58,000 will be for "Improvements Other than Buildings- Card Hill WWTP"
"Description - Included in this category are expenditures for capital improvements over $500 in a given department. Items would include the expansion of water and sewer lines, street repaving, computer software, etc. Justification - Two new quieter blowers to replace ones that are in need of rebuilding $33,500. SCADA system $6,500, Fence and security for plant after theft this year $17,500. Approx 6800' force main to 33 to move water to spray field ($850,000). $45,000 to remove 15 single family home off well and on to city water to allow expansion of spray field."
This sure doesn't sound like a TEMPORARY plan to me!! I guess as one homeowner in that area so politely stated at the last meeting on September 21st, there will be more lawsuits to come. Just what this city needs!!
DEAL OR NO DEAL???
Here are a couple of Ledger Articles discussing the outcome of the August 6, 2010 meeting between Polk County Manager Mike Herr and Polk City Acting City Manager, Trudy Block. The first article dated August 9, 2010 titled Agreement With County May Be Near on Polk City's Debt Then there is the Ledger article published on the editorial page on September 28, 2010 Polk City: Secret Deals, Bad Memories
Quoting from the August 6, 2010 article: "Acting City Manager Trudy Block on Monday said she and Polk County Manager Mike Herr agreed on key points of a new deal to pay off $2.2 million in Municipal debts to the county at a meeting Friday afternoon from which the public and press were excluded. Polk County commissioners will consider the deal at their Sept. 15 meeting."
"I thought Friday's meeting would be a little more difficult. They really want to help," Block said. "They know we're in trouble. I think they want to help."
"Negotiators agreed on presenting two options at the Sept. 15 commission meeting. One would nullify the 2008 deal that turned over the Mount Olive water and sewer system from the county to Polk City. That involved a $1.7Million loan, both principal and 11% interest, over 10 years on the transfer of a roughly 30-acre property the sewer treatment plant uses as a spray field for treated wastewater."
The news article goes on to say that "Block, also one of five council members, said she thinks the city can retain ownership of the Mt. Olive system under restructured finances. Herr could not be reached to comment on Monday, but Freeman said county officials will present the options without a recommendation, unless commissioners ask." Jim Freeman is the deputy county manager over the utilities department.
"For the city to retain ownership it will have to present a detailed financial plan showing it can meet all its debt obligations at least for the next decade, said Freeman, adding county officials want assurance the city's finances won't unravel again. As part of Polk City's financial restructuring, Herr agreed to lower the loan interest rate to 3.3% per year, a 70% reduction. That would lop off about $50,000 a year on interest payments."
The article continues: "Block entered Friday's two-hour meeting facing a gap of about $144,000 in her projected 2010-2011 city budget, which did not include payments to the county on either The Mt. Olive or impact fee debts." Additional revenue from savings due to changing the city's contract with Polk County Sheriffs Office to only keeping 1 sheriff at the Polk City Hall, and projected revenue of approximately $200,000 from property owners who have not yet paid the new water-and-sewer-acces fees council approved in November, 2009, should balance the budget. Although now it seems that the WAC & SAC fees are going to be challenged in court. In the County's September 15 meeting, Mayor Joe LaCascia said these fees are perfectly legal according to a FL Statute, but later Ms. Block contradicted his statement by saying that these fees are propably going to be discontinued because the legality has not been established, and Polk City has retained legal council in Orlando to deal with this issue.
"The additional revenue will balance Polk City's budget, including the payments on its county debts if the County Commission agrees to the proposed financing plan," Block said.
In the Ledger's editorial article dated September 28, 2010 "Polk City officials are now miffed that county government staff reneged (they claim) on a closed-door deal to allow them to keep the Mt. Olive water and sewer system. A DEAL'S A DEAL? One odd new development in this episode is Polk City officials complaining that they thought they had a deal with former County Manager Mike Herr and his staff, following a closed-door meeting in early August that the Ledger reporter was barred from attending. They say they thought the county loan would be refinanced at a much lower interest rate and extended for two more years to 2020."
"Clearly, someone either misheard something or changed their mind or received new persuasive evidence that the deal was a dud, from the county's standpoint."
"DEAL OR NO DEAL"??
Quoting from the August 6, 2010 article: "Acting City Manager Trudy Block on Monday said she and Polk County Manager Mike Herr agreed on key points of a new deal to pay off $2.2 million in Municipal debts to the county at a meeting Friday afternoon from which the public and press were excluded. Polk County commissioners will consider the deal at their Sept. 15 meeting."
"I thought Friday's meeting would be a little more difficult. They really want to help," Block said. "They know we're in trouble. I think they want to help."
"Negotiators agreed on presenting two options at the Sept. 15 commission meeting. One would nullify the 2008 deal that turned over the Mount Olive water and sewer system from the county to Polk City. That involved a $1.7Million loan, both principal and 11% interest, over 10 years on the transfer of a roughly 30-acre property the sewer treatment plant uses as a spray field for treated wastewater."
The news article goes on to say that "Block, also one of five council members, said she thinks the city can retain ownership of the Mt. Olive system under restructured finances. Herr could not be reached to comment on Monday, but Freeman said county officials will present the options without a recommendation, unless commissioners ask." Jim Freeman is the deputy county manager over the utilities department.
"For the city to retain ownership it will have to present a detailed financial plan showing it can meet all its debt obligations at least for the next decade, said Freeman, adding county officials want assurance the city's finances won't unravel again. As part of Polk City's financial restructuring, Herr agreed to lower the loan interest rate to 3.3% per year, a 70% reduction. That would lop off about $50,000 a year on interest payments."
The article continues: "Block entered Friday's two-hour meeting facing a gap of about $144,000 in her projected 2010-2011 city budget, which did not include payments to the county on either The Mt. Olive or impact fee debts." Additional revenue from savings due to changing the city's contract with Polk County Sheriffs Office to only keeping 1 sheriff at the Polk City Hall, and projected revenue of approximately $200,000 from property owners who have not yet paid the new water-and-sewer-acces fees council approved in November, 2009, should balance the budget. Although now it seems that the WAC & SAC fees are going to be challenged in court. In the County's September 15 meeting, Mayor Joe LaCascia said these fees are perfectly legal according to a FL Statute, but later Ms. Block contradicted his statement by saying that these fees are propably going to be discontinued because the legality has not been established, and Polk City has retained legal council in Orlando to deal with this issue.
"The additional revenue will balance Polk City's budget, including the payments on its county debts if the County Commission agrees to the proposed financing plan," Block said.
In the Ledger's editorial article dated September 28, 2010 "Polk City officials are now miffed that county government staff reneged (they claim) on a closed-door deal to allow them to keep the Mt. Olive water and sewer system. A DEAL'S A DEAL? One odd new development in this episode is Polk City officials complaining that they thought they had a deal with former County Manager Mike Herr and his staff, following a closed-door meeting in early August that the Ledger reporter was barred from attending. They say they thought the county loan would be refinanced at a much lower interest rate and extended for two more years to 2020."
"Clearly, someone either misheard something or changed their mind or received new persuasive evidence that the deal was a dud, from the county's standpoint."
"DEAL OR NO DEAL"??
Tuesday, September 28, 2010
Send a Message to the City
Want to send a strong message to the city that you don't approve how the city is spending your money? Here's how you can.
A city resident, who only wanted to be identified as J.T., informed me that he too was concerned about how the city is picking fights and starting lawsuits with no regard to the welfare of the people. He felt the city has enough debt already. Although his mortgage company is regularly scheduled to make the payment of his property taxes early in November to qualify for the small discount, he did not want to do that this year. He contacted his mortgage company over the phone and informed his mortgage company that he would prefer to delay the payment of his property taxes until March or April. The mortgage company said that this would not be a problem. They only required that once he received his final tax bill that he send a written request to do this.
You too can contact your mortgage company and do the same. Keep in mind, that by paying your property taxes in March or April, instead of November or December, you will not qualify for the small discount that is given by paying your taxes early. By paying your taxes in March or April, your taxes will not be late, you will only not qualify for the early discount.
With the way the city has recently cleaned out the funds to pay the county the overdue payments of $348,779.34 for the Mt. Olive Utility System, the city's operating funds are low at best. As verified in the 2009 Fiscal Year Audit, the city still owes the county $531,000 in back Impact Fees collected from Developers from 2007 & 2008 which were never forwarded to the county. The next payment in excess of $174,000 due to the county for the Mt. Olive Utility system is due in February. The city is operating on borrowed time already. If the city does not get the Ad Valorem taxes as early as they planned, it will only speed up the inevitable. The Governor's office will declare Polk City in a Financial State of Emergency. The city will be required to provide a solid plan to get out of it's operating deficit and show that the city has a viable plan for the future, or else. This is long overdue.
A city resident, who only wanted to be identified as J.T., informed me that he too was concerned about how the city is picking fights and starting lawsuits with no regard to the welfare of the people. He felt the city has enough debt already. Although his mortgage company is regularly scheduled to make the payment of his property taxes early in November to qualify for the small discount, he did not want to do that this year. He contacted his mortgage company over the phone and informed his mortgage company that he would prefer to delay the payment of his property taxes until March or April. The mortgage company said that this would not be a problem. They only required that once he received his final tax bill that he send a written request to do this.
You too can contact your mortgage company and do the same. Keep in mind, that by paying your property taxes in March or April, instead of November or December, you will not qualify for the small discount that is given by paying your taxes early. By paying your taxes in March or April, your taxes will not be late, you will only not qualify for the early discount.
With the way the city has recently cleaned out the funds to pay the county the overdue payments of $348,779.34 for the Mt. Olive Utility System, the city's operating funds are low at best. As verified in the 2009 Fiscal Year Audit, the city still owes the county $531,000 in back Impact Fees collected from Developers from 2007 & 2008 which were never forwarded to the county. The next payment in excess of $174,000 due to the county for the Mt. Olive Utility system is due in February. The city is operating on borrowed time already. If the city does not get the Ad Valorem taxes as early as they planned, it will only speed up the inevitable. The Governor's office will declare Polk City in a Financial State of Emergency. The city will be required to provide a solid plan to get out of it's operating deficit and show that the city has a viable plan for the future, or else. This is long overdue.
Monday, September 27, 2010
Good Afternoon Fellow Citizens,
Good afternoon fellow citizens,
A lot has happened in our city since our city hall was filled (and overflowing) because of a headline we all read in the Lakeland Ledger. That headline read:
Polk City Residents to Get
$300 Sewer Assessment
Do you remember that? I do. The date of that paper was Jan. 8, 2009, & citizens came forward. Do you remember the little lady who came marching up the aisle during that meeting to announce that people were outside & they also should be able to hear all that was happening? I do & I was just as exuberant as everyone else at the nerve that she displayed. She was right & we were noisy in our response to her appearance. We were noisy ...but we weren't angry.
Later on, as citizens gained more information concerning the activities of the city gov't., we citizens began to distrust the leadership of the city gov't. more than ever. Then we were told that somebody had been banned from entering the city hall....Threats we were told. What?!
That was news to me & my neighbors. We were busy working to rally up support against the proposed waste water treatment plant; calling the county commissioner; calling our state representatives; reading the law; physically meeting with the people at the Department of Environmental Protection....Nobody we knew...making threats.
Well, now we are in a different mode & new leadership has come to the forefront. New leaders both in the city gov't. and new leaders who represent citizens who want Polk City to be unincorporated. The new leaders that have come forward have more in common than not. These are individuals who sincerely believe in the effort they have assumed. These citizens are leaders, willing to make decisions and work toward the goal they believe is best. They exhibit intelligence, perseverance & thoughtfulness, every last one of them.
The last thing we fellow citizens need here in Polk City is any evidence of hate-filled language. No Deal.
I personally believe that what is Best for Polk City will be the final outcome.
I believe that because of Faith in our Creator.
Sincerely,
Linda Fuller
Financial Audits Available on Polk City's Web Site
I know there has been a lot of public concern about what the findings were on these recent audits that were done. I see that now Fiscal Year 2008 & fiscal year 2009 audits are available for public viewing on the Financial page of Polk City's website. Here are the links:
Fiscal Year 2008 Audit
Fiscal Year 2009 Audit
They are quite lengthy, but in both documents starting on page 39, the "Schedule of Findings" pages list the areas that problems were found, what is recommended that the City do to fix them, and what the City has done based on these recommendations.
Fiscal Year 2008 Audit
Fiscal Year 2009 Audit
They are quite lengthy, but in both documents starting on page 39, the "Schedule of Findings" pages list the areas that problems were found, what is recommended that the City do to fix them, and what the City has done based on these recommendations.
Why Contact Kelly Stargel and Paula Dockery's Offices?
Feeling a little lost about why contacting Paula Dockery and Kelly Stargel's offices are the right thing to do next?
Maybe this will help answer some questions and give you some guidance. As stated in the previous article Here's How You Can Help the Legislature has the power to step in when municipalities no longer continue to have a reason to exist or if there are problems with how they are being run. The process that the Legislature uses to determine what needs be done is spelled out in State Statute 189.428 - Special Districts; Oversight Review Process.
Maybe this will help answer some questions and give you some guidance. As stated in the previous article Here's How You Can Help the Legislature has the power to step in when municipalities no longer continue to have a reason to exist or if there are problems with how they are being run. The process that the Legislature uses to determine what needs be done is spelled out in State Statute 189.428 - Special Districts; Oversight Review Process.
(1) The Legislature finds it to be in the public interest to establish an oversight review process for special districts wherein each special district in the state may be reviewed by the local general-purpose government in which the district exists. The Legislature further finds and determines that such law fulfills an important state interest. It is the intent of the Legislature that the oversight review process shall contribute to informed decision making. These decisions may involve the continuing existence or dissolution of a district, the appropriate future role and focus of a district, improvements in the functioning or delivery of services by a district, and the need for any transition, adjustment, or special implementation periods or provisions. Any final recommendations from the oversight review process that are adopted and implemented by the appropriate level of government shall not be implemented in a manner that would impair the obligation of contracts.
In other words, if there are enough complaints to Kelly Stargel's offices (House of Representatives) and Paula Dockery's offices (State Senate) they will have to look into these concerns closer and they will initiate this review process mentioned above.
- Tell them about how high your taxes, water, sewer, etc. Bill have gotten while your income whether fixed or reduced due to economic factors has gone down.
- Tell them how you are having a difficult time to keep paying these bills and have little to no services to show for your hard earned money.
- Tell them how the cost of living in surrounding areas under the county and other local cities is substantially cheaper, and those areas actually provide most of the services they are supposed to.
- Tell them how you are concerned that with the mounting debt, mounting law suits against the city, and tiny tax base, and that it will be next to impossible for the city to dig out of this financial hole.
- Tell them that the new city officials keep promising that they are working on it and things are looking good, but when pressed for details and a solid plan of action to get out of the current financial hole, they look like a deer in the headlights or they promise to get back to us and don't.
All of these things and more are issues that the individuals at the State level would be very interested in hearing FROM the PEOPLE. The more concerns that are brought to their attention, the more urgent they will know our situation here in Polk City truly is.
Another part of this same state statute 189.428 addresses some other specific areas of concern that you personally may be able to shed some light on to these state officials:
(5) Those conducting the oversight review process shall, at a minimum, consider the listed criteria for evaluating the special district, but may also consider any additional factors relating to the district and its performance. If any of the listed criteria does not apply to the special district being reviewed, it need not be considered. The criteria to be considered by the reviewer include:
(a) The degree to which the service or services offered by the special district are essential or contribute to the well-being of the community.
(b) The extent of continuing need for the service or services currently provided by the special district.
(c) The extent of municipal annexation or incorporation activity occurring or likely to occur within the boundaries of the special district and its impact on the delivery of services by the special district.
(d) Whether there is a less costly alternative method of delivering the service or services that would adequately provide the district residents with the services provided by the district.
(e) Whether transfer of the responsibility for delivery of the service or services to an entity other than the special district being reviewed could be accomplished without jeopardizing the district’s existing contracts, bonds, or outstanding indebtedness.
(f) Whether the Auditor General has notified the Legislative Auditing Committee that the special district’s audit report, reviewed pursuant to s. 11.45(7), indicates that the district has met any of the conditions specified in s. 218.503(1) or that a deteriorating financial condition exists that may cause a condition described in s. 218.503(1) to occur if actions are not taken to address such condition.
(g) Whether the district is inactive according to the official list of special districts, and whether the district is meeting and discharging its responsibilities as required by its charter, as well as projected increases or decreases in district activity.
(h) Whether the special district has failed to comply with any of the reporting requirements in this chapter, including preparation of the public facilities report.
(i) Whether the special district has designated a registered office and agent as required by s. 189.416, and has complied with all open public records and meeting requirements.
I know just from the research we as a group have done to date, there are several of these areas of concern that the city is running into problems. LET THE PEOPLE BE HEARD AND THINGS WILL HAPPEN!!! Look at how much we, working together with the public, have accomplished in approximately 1 month since we started Concerned Citizens of Polk City. Working together we CAN make a difference!! Contact our representatives TODAY!!
Subscribe to:
Posts (Atom)