Many of you have requested telephone and e-mail contact information for the BB&T Government Financial Department that is considering giving Polk City a $2.68 Million loan for 20 years. Their phone number for the Government Financial Dept. is 1-704-954-1700. BB&T has a division in Orlando, FL.
BB&T e-mail address for Government Financial Dept. Please address your concerns to them regarding this controversial, extremely high-risk loan which puts additional, extremely excessive debt levels on this already overtaxed community of only 1600 residents. When you click on this link, it will first ask for your name, address & phone number, as well as your e-mail address. In the Organization Name: put Polk City, FL and click "submit". It will then open up another window where you have to re-enter your Name, Address, Phone and E-mail address.
At the beginning of your message, please state Att: Government Financial Department, and
Re: Pending Polk City, FL loan. This will help forward your message to the proper department within this large company.
Saturday, November 6, 2010
Parallels to Big Government
Comparing our small municipal government to big government in Washington, DC, one can draw so many parallels. They are both in a financial state of emergency never seen before, with ever growing debt and uncontrolled spending. They both play the blame game and point fingers at the previous administration for getting them into this mess. Both governments think they can solve their problems by increasing government control over our daily lives, increase taxes even though benefits are being cut to the bone. Both governments are run by arrogant, inexperienced individuals who chose to ignore the will of the people, even though the people can be heard loud and clear if only officials would stop and listen. They have their own agenda and will go to any length to force it onto the rest of the country, whether the people likes it or not. They have used sneaky tactics and passed legislation in the middle of the night. They have voted on bills they had no clue what was in them. There is no effort being made to bring both sides to the table so viable solutions can be considered. This brings out frustration and anger from the public who feel powerless and watch their country go down the drain.
Both our national and local leaders promised "change", but did not clarify what type of change they had in mind. The voters trusted them, since "change" had to be better than what we previously had. Power is addictive, and many people with power abuse it once they become accustomed to it. Power without wisdom and experience is very dangerous.
We can really identify with that at our local level, can't we? The only difference is that on a national level, the voters have finally let their voices be heard through this last election, and have chosen to replace the majority in the House of Representatives with individuals who represent their own views. Only time will tell if that will be enough to send a message to the Administration in power to be willing to compromise and to forgo some of the things on their aggressive agenda.
Locally, we have done everything we knew how to do to send a message to our leadership that we are not happy with the direction they have chosen for our city. They have chosen to ignore our plea for government reform and have chosen the same path of aggressive, irresponsible spending and taxing that the previous administration took. Maybe now is the time to take a serious look at what steps we need to take to put a stop to this dictator-like administration.
Both our national and local leaders promised "change", but did not clarify what type of change they had in mind. The voters trusted them, since "change" had to be better than what we previously had. Power is addictive, and many people with power abuse it once they become accustomed to it. Power without wisdom and experience is very dangerous.
We can really identify with that at our local level, can't we? The only difference is that on a national level, the voters have finally let their voices be heard through this last election, and have chosen to replace the majority in the House of Representatives with individuals who represent their own views. Only time will tell if that will be enough to send a message to the Administration in power to be willing to compromise and to forgo some of the things on their aggressive agenda.
Locally, we have done everything we knew how to do to send a message to our leadership that we are not happy with the direction they have chosen for our city. They have chosen to ignore our plea for government reform and have chosen the same path of aggressive, irresponsible spending and taxing that the previous administration took. Maybe now is the time to take a serious look at what steps we need to take to put a stop to this dictator-like administration.
Friday, November 5, 2010
On The Verge Of Bankruptcy And Borrowing More!
Polk City is already on the verge of bankruptcy with a debt of $10.4 Million dollars, with only a little over 900 households to pay for it. How can a city with so much debt qualify for an additional $2.8 Million Dollar loan in today's terrible economy? If this loan is being used to pay off the county debt on the Mt. Olive spray field, and to purchase land for expanding the Temporary Cardinal Hill WWTF, it will severely impact the future financial picture of the city, especially if the city will be dissolved or file for bankruptcy. This will become a third party loan which is added to the city's debt and will have to be divided amongst the taxpayers of the city.
This would not be the case if the spray field debt was still owed to the county. The county would take possession of the spray field, the issue of the county forgiving the debt is not out of the question, since they would be in possession of the assets and regain the utility customer base as a source of revenue. The city would not be stuck with the property where the Cardinal Hill WWTF is located if it didn't own the land, and the plant would just have to be dismantled. By purchasing the land and expanding the Cardinal Hill facility, the city is taking ownership of all its debt which has to be repaid by the taxpayers. Were the city to be dissolved, who would buy this facility? The county doesn't want it, since they would probably consider hooking up to the Auburndale sewer facility at a much lower rate. The city taxpayers will be stuck with this facility, and its debt.
This administration is dragging us from the frying pan into the fire, with no fire extinguisher nearby. How can the City Council just stand by and let this happen? It is irresponsible! This city's financial condition is worsening every time more money is borrowed, more for each city taxpayer to pay now or later.
If the city really cared about the future of Polk City, they should approach Auburndale about making a deal to hook up to their sewer system so we can dismantle the Temporary Cardinal Hill Plant, and eventually reroute the Mt. Olive WWTF as well. The County has already made it clear they have every intention of taking back the Mt. Olive WWTF. The County chose to take this action to seek financial relief for the utility customers who are being unfairly treated. They recognize the financial distress we are in and are trying to help. By taking on this additional debt of this new loan, the City leadership is demonstrating that they are incompetent and don't care for the future of its citizens. They are obsessed with pushing their own agenda, much like the previous administration. It is like a game to them to see how they can try to outsmart the opposition with no regard for long term consequences. If the city gets out of the sewer business, maybe Polk City can even stay a city and get back to being the sleepy town it once was. Stop this big city dream!
This would not be the case if the spray field debt was still owed to the county. The county would take possession of the spray field, the issue of the county forgiving the debt is not out of the question, since they would be in possession of the assets and regain the utility customer base as a source of revenue. The city would not be stuck with the property where the Cardinal Hill WWTF is located if it didn't own the land, and the plant would just have to be dismantled. By purchasing the land and expanding the Cardinal Hill facility, the city is taking ownership of all its debt which has to be repaid by the taxpayers. Were the city to be dissolved, who would buy this facility? The county doesn't want it, since they would probably consider hooking up to the Auburndale sewer facility at a much lower rate. The city taxpayers will be stuck with this facility, and its debt.
This administration is dragging us from the frying pan into the fire, with no fire extinguisher nearby. How can the City Council just stand by and let this happen? It is irresponsible! This city's financial condition is worsening every time more money is borrowed, more for each city taxpayer to pay now or later.
If the city really cared about the future of Polk City, they should approach Auburndale about making a deal to hook up to their sewer system so we can dismantle the Temporary Cardinal Hill Plant, and eventually reroute the Mt. Olive WWTF as well. The County has already made it clear they have every intention of taking back the Mt. Olive WWTF. The County chose to take this action to seek financial relief for the utility customers who are being unfairly treated. They recognize the financial distress we are in and are trying to help. By taking on this additional debt of this new loan, the City leadership is demonstrating that they are incompetent and don't care for the future of its citizens. They are obsessed with pushing their own agenda, much like the previous administration. It is like a game to them to see how they can try to outsmart the opposition with no regard for long term consequences. If the city gets out of the sewer business, maybe Polk City can even stay a city and get back to being the sleepy town it once was. Stop this big city dream!
City Considering Another $2.68 Million Dollar Loan
Friday's Ledger article Polk City Manager Will Propose $2.68 Mil. Loan is a real bombshell! Can you believe that Kevin Buoffard, the author of this article, was briefed on the details of the city's financial plans before they were even "unveiled" to the citizens, who's bank accounts are being robbed? The reason the citizens are the last to know is not because they didn't attend the council meetings! The reason is that the city has been evasive, underhanded and plain out dishonest in their communications with the public. This article was strategically released on the Friday before Monday's Council meeting, when this will all be revealed to the general public. Acting City Manager, Trudy Block, will surely present this as a "considerable savings" to the City, even though it will increase the city's existing debt by at least $1.35 Million dollars to almost $12 Million dollars. At the last Council meeting, Mayor LaCascia had the audacity to preach to the general public that his goals were the same as ours, to lower the city debt. This will add approximately $1,124.00 to the existing $8,666.00, totaling $9,791.66 that every Polk City resident will owe over the next 20-30 years.
BB&T is specifically stating that this proposed loan is not to be used to pay off the County's overdue impact fees of $531,199. Is the city already planning to skirt around the stipulations of the loan by shifting money around, so they can still pay off the impact fees due to the County? The statements in the Ledger article sure make it appear so.
If the land that the Temporary Cardinal Hill WWTF sits on is purchased, additional property will be needed for a sprayfield to more than double the existing treatment capacity. Where is the money for expansion and rerouting from the Mt. Olive WWTF going to come from? There is no end in sight to the extra expense the City is planning. As the County and Councilman Don Kimsey already stated, this small town does not have the tax base to support such a large sewer operation. The current city debt was created and is out of control due to the steps the previous administration has taken to get into the sewer business. Mrs. Block keeps promising to lower utility fees, while she's creating more debt. That doesn't add up. The city's millage rate is just about maxed out by state limits. The people in this city and surrounding areas within Polk City's utility service area are already burdened with bills that are 200% - 400% higher than surrounding communities.
For the residents who are paying the majority in Real Estate taxes in this city, this is a real blow! Their investments in their homes have plummeted, and there is no way out. These homes are not marketable unless they are priced considerably lower than the surrounding towns. They feel trapped in this lose-lose situation. Many people have had no choice but to walk away, giving their homes back to the bank and watching their life savings go down the drain. With the city choosing this debt-ridden path, this will happen to more and more families. The city officials seem to have no compassion for these people. If the utility rates and taxes will go any higher, Polk City will be a ghost town. Then who will be left to pay the debt??
BB&T is specifically stating that this proposed loan is not to be used to pay off the County's overdue impact fees of $531,199. Is the city already planning to skirt around the stipulations of the loan by shifting money around, so they can still pay off the impact fees due to the County? The statements in the Ledger article sure make it appear so.
If the land that the Temporary Cardinal Hill WWTF sits on is purchased, additional property will be needed for a sprayfield to more than double the existing treatment capacity. Where is the money for expansion and rerouting from the Mt. Olive WWTF going to come from? There is no end in sight to the extra expense the City is planning. As the County and Councilman Don Kimsey already stated, this small town does not have the tax base to support such a large sewer operation. The current city debt was created and is out of control due to the steps the previous administration has taken to get into the sewer business. Mrs. Block keeps promising to lower utility fees, while she's creating more debt. That doesn't add up. The city's millage rate is just about maxed out by state limits. The people in this city and surrounding areas within Polk City's utility service area are already burdened with bills that are 200% - 400% higher than surrounding communities.
For the residents who are paying the majority in Real Estate taxes in this city, this is a real blow! Their investments in their homes have plummeted, and there is no way out. These homes are not marketable unless they are priced considerably lower than the surrounding towns. They feel trapped in this lose-lose situation. Many people have had no choice but to walk away, giving their homes back to the bank and watching their life savings go down the drain. With the city choosing this debt-ridden path, this will happen to more and more families. The city officials seem to have no compassion for these people. If the utility rates and taxes will go any higher, Polk City will be a ghost town. Then who will be left to pay the debt??
Many Questions Left Unanswered
When our new City Council was first appointed back in April, they promised to be HONEST, OPEN AND TRANSPARENT. This has not been the case and we need to continue putting pressure on our Council Members to keep this promise.
What happened to the Town Hall Meeting that Mayor Joe LaCascia promised to hold in the elementary school cafeteria so there would be enough space to accommodate everyone? How many questions have been answered with a response of "I'll have to get back to you on that". "We'll have to look into that and let you know". "Come and see me in my office, and I will have the answer available to you". Were these questions ever followed up with answers?
What is the next step in the process of paying off the County impact fees now that the County has refused to accept Polk City's proposed payment plan, and refused the payment? What is the status of the renegotiation on the Sun Trust loan of $4.4 Million for a lower interest rate? This is still outstanding debt on the TEMPORARY CARDINAL HILL WWTF. Why is the city spending money on an appraisal for future land purchase related to a TEMPORARY WWTF? Why is the Acting City Manager "shopping" for an additional loan fot $2.68 Million dollars when we have an existing $10.4M debt?
What is the status of the Fantasy of Flight lawsuit? What is the status of the lawsuit against the county in regards to the Mt. Olive Sewer Plant? There were contradictory reasons provided to the public & The Ledger for the dismissal of the former Public Works Director. It appears he may have legal grounds for a lawsuit. This issue has been evaded.
What will be the total cost of the planned Community Development Block Grant project to put water lines in the Railroad Heights area of the city. What if the project goes over budget? How much of the total cost will be left for the tax payers, after this Grant money is spent? Councilman Mike Blevin asked this same question at a previous council meeting, but did not get an answer. Will the project be scaled back when the grant money runs out? Hopefully, these questions will be answered at the 7:00 PM November 8, 2010, City Council Meeting at which time a discussion regarding this issue will be on the agenda.
At the Council Workshops and Meetings, questions from the public should not be limited only to the issues specifically listed on the agenda. This tactic has been used in the past, and is an infringement on our FREEDOM OF SPEECH! It is a form of manipulation by the administration to control what issues they want to discuss. The public is denied information, and various delay tactics are used to avoid answering pointed questions. This causes public frustration and leads to the perception that Council is not being honest or is attempting to deceive the public. The public deserves answers.
What happened to the Town Hall Meeting that Mayor Joe LaCascia promised to hold in the elementary school cafeteria so there would be enough space to accommodate everyone? How many questions have been answered with a response of "I'll have to get back to you on that". "We'll have to look into that and let you know". "Come and see me in my office, and I will have the answer available to you". Were these questions ever followed up with answers?
What is the next step in the process of paying off the County impact fees now that the County has refused to accept Polk City's proposed payment plan, and refused the payment? What is the status of the renegotiation on the Sun Trust loan of $4.4 Million for a lower interest rate? This is still outstanding debt on the TEMPORARY CARDINAL HILL WWTF. Why is the city spending money on an appraisal for future land purchase related to a TEMPORARY WWTF? Why is the Acting City Manager "shopping" for an additional loan fot $2.68 Million dollars when we have an existing $10.4M debt?
What is the status of the Fantasy of Flight lawsuit? What is the status of the lawsuit against the county in regards to the Mt. Olive Sewer Plant? There were contradictory reasons provided to the public & The Ledger for the dismissal of the former Public Works Director. It appears he may have legal grounds for a lawsuit. This issue has been evaded.
What will be the total cost of the planned Community Development Block Grant project to put water lines in the Railroad Heights area of the city. What if the project goes over budget? How much of the total cost will be left for the tax payers, after this Grant money is spent? Councilman Mike Blevin asked this same question at a previous council meeting, but did not get an answer. Will the project be scaled back when the grant money runs out? Hopefully, these questions will be answered at the 7:00 PM November 8, 2010, City Council Meeting at which time a discussion regarding this issue will be on the agenda.
At the Council Workshops and Meetings, questions from the public should not be limited only to the issues specifically listed on the agenda. This tactic has been used in the past, and is an infringement on our FREEDOM OF SPEECH! It is a form of manipulation by the administration to control what issues they want to discuss. The public is denied information, and various delay tactics are used to avoid answering pointed questions. This causes public frustration and leads to the perception that Council is not being honest or is attempting to deceive the public. The public deserves answers.
Thursday, November 4, 2010
Recall Procedures for Florida Municipalities
There have been several comments requesting more information on what is involved in a Recall of an elected official in a Florida Municipality. In Polk City's municipal charter it is addressed in Article VIII - Qualified Voters Powers, Section C-35. Polk City Municipal Charter, Recall Procedures It references the Florida State Statute 100.361 Municipal Recall procedures.
It is quite a lengthy process to recall an elected official, but well worth the effort as a last resort. These are the specific reasons for a Recall as per Section C-35 in the Florida Statutes:
1. Malfeasance = Committing of illegal acts (wrong doing)
2. Misfeasance = Illegal or improper performance of an action in itself lawful
3. Neglect of Duty
4. Drunkenness
5. Incompetence
6. Permanent inability to perform official duties
7. Conviction of a felony
In the mean time, we need to keep pressure on our representatives on the Council to develop an open repore with the citizens, and not be evasive and misleading. We deserve fair representation not a dictatorship.
It is quite a lengthy process to recall an elected official, but well worth the effort as a last resort. These are the specific reasons for a Recall as per Section C-35 in the Florida Statutes:
1. Malfeasance = Committing of illegal acts (wrong doing)
2. Misfeasance = Illegal or improper performance of an action in itself lawful
3. Neglect of Duty
4. Drunkenness
5. Incompetence
6. Permanent inability to perform official duties
7. Conviction of a felony
In the mean time, we need to keep pressure on our representatives on the Council to develop an open repore with the citizens, and not be evasive and misleading. We deserve fair representation not a dictatorship.
Wednesday, November 3, 2010
Meet Our New Polk County Commissioners
After a hard fought races all over the country, election day is once again behind us. Political ads no longer bombard our television sets, fill our mail boxes, and clutter our landscapes. Well, hopefully all the signs will be picked up soon. The turn out to the polls in Polk County was just over 50%, with Republicans claiming a majority of the positions up for grabs. This holds true for both the Polk County Commission seats as well.
County Commission Seat, District 2, formerly held by Randy Wilkinson who's term ended and ran for U.S. Congress, District 12 Florida, is now filled by Melony Bell, former Fort Meade Mayor and Polk County native.
Melony Bell's Campaign Website
Ledger Article: Melony Bell Wins Polk Commission District 2 Seat
County Commission Seat, District 4, formerly held by Jean Reed who was defeated in this election, is now filled by Todd Dantzler, a Winter Haven businessman.
Todd Dantzler's Campaign Website
Ledger Article: Dantzler Defeats Incumbent Reed in Polk Commission Race
Both of these individuals bring a unique set of skills to the Polk County Board of Commissioners. We congratulate them on their campaign victories and wish them continued success in their new positions. We look forward to learning more about them and seeing what new ideas they can add to better our county.
County Commission Seat, District 2, formerly held by Randy Wilkinson who's term ended and ran for U.S. Congress, District 12 Florida, is now filled by Melony Bell, former Fort Meade Mayor and Polk County native.
Melony Bell's Campaign Website
Ledger Article: Melony Bell Wins Polk Commission District 2 Seat
County Commission Seat, District 4, formerly held by Jean Reed who was defeated in this election, is now filled by Todd Dantzler, a Winter Haven businessman.
Todd Dantzler's Campaign Website
Ledger Article: Dantzler Defeats Incumbent Reed in Polk Commission Race
Both of these individuals bring a unique set of skills to the Polk County Board of Commissioners. We congratulate them on their campaign victories and wish them continued success in their new positions. We look forward to learning more about them and seeing what new ideas they can add to better our county.
Tuesday, November 2, 2010
Cardinal Hill DEP Application
Here are two links to a copy of the completed application Polk City submitted to the Department of Environmental Protection for the Cardinal Hill WWTF for the original permit. It is quite a lengthy document so that is the reason for the two separate files. Very interesting reading.
Polk City DEP Application for Cardinal Hill WWTF Part 1
Polk City DEP Application for Cardinal Hill WWTF Part 2
Polk City DEP Application for Cardinal Hill WWTF Part 1
Polk City DEP Application for Cardinal Hill WWTF Part 2
Interim Cardinal Hill WWT Facility - A Little Closer Look
As most of the Polk City residents know now, the Cardinal Hill Waste Water Treatment Plant located off of Stevens Drive is currently permitted as an Interim, or Temporary, facility by the Department of Environmental Protection, also known as the DEP. The DEP permit was issued on 2/27/07 for 5 years and is due to expire on 2/26/12. According to the May 13, 2008, City Council Meeting Minutes, the newly named "Cardinal Hill" plant came online that week, approximately 6 months behind schedule. According to the June 10, 2008 City Council Meeting Minutes, this delay cost the city $91,000 in liquidated damages.
Back on November 23, 2005, City Council adopted Ordinance 1089 to take out a Capital Improvement Revenue Note, Series 2005, in the stated principal amount of $2,000,000 for a revolving line of credit with SunTrust Bank. What were these funds to be used for at the time? Where did this money go? On October 2, 2007, nearly 2 years later, Ordinance 1235 was adopted to amend Ordinance 1089 to increase the line of credit from $2,000,000 to $4,000,000 to pay for the construction and other costs regarding the temporary waste water treatment plant located off Stephen Drive. Here is a link to Ordinance 1235 from Polk City's archives. In December of 2008, the City converted this Series 2005 Capital Improvement Revenue Note line of credit into a term loan that bears interest of 3.06% with semi-annual principal and interest payment of $83,749 on June 1st and December 1st with a final maturity on December 1, 2023.
According to the 2008 Audit on numbered page 25, actual document page 40, it states that the City is currently leasing the parcel of land the Cardinal Hill Plant is on and has worked out a deal with the land owner to credit the property owner with one water and sewer impact fee per month of the six year lease, which began on 2/1/2006, in lieu of a cash lease. In this same lease the City also GUARANTEED complete removal of the waste water treatment plant operation no later than July 1, 2012. This deal also mentioned that 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. Florida State Statue 108.08 (1) states, "that such mortgage revenue certificates or debentures shall not impose any tax liability upon any real or personal property in such municipality nor constitute a debt against the municipality issuing the same, but shall be a lien only against or upon the property and revenues of such utility." Since the City clearly does not own this property on which the facility is located, is the city in violation of this statue?
On printed page page 46, actual page 65, of the same 2008 Audit the Auditor states an issue of Non-Compliance with this Series 2005 Capital Improvement Revenue Note under item (c). Item (c)(2) states, "Pursuant to Ordinance 1089, the City shall not issue additional debt secured by the Series 2005 Capital Improvement Revenue Note’s pledged revenues without approval of the note owner. The Series 2005 pledged revenues include the net revenues of the water and sewer system as well as sewer impact fees. We noted the City has entered into a state revolving fund loan agreement with the Florida Department of Environmental Protection that pledges sewer net revenues and sewer impact fees. This agreement was entered without approval of the owner of the Series 2005 note." The Management's response on this issue as stated in the audit states, "We concur. The city’s engineering consultant was to ensure all conditions were met for the SRF and the city relied on the consultants’ assurances that everything was completed properly. The Lender in this case has been notified and the city is awaiting response." Was this ever followed up on or would SunTrust be surprised to hear about this?
Another interesting fact about this Ordinance 1235 can be found on page 10 of 12, printed page number Exhibit C-1. The law firm on record representing the "Bank" is Gray Robinson P.A., the same law firm Polk City's own Interim City Attorney, Mr. Tom Cloud is a PARTNER of. The "Bank", SunTrust, was paid $2,500 in Bank Council Fees in connection with issuance of this Series 2005 Note. If the City consults Mr. Cloud on any of these issues regarding this 2005 Note or the deal with the Cardinal Hill plant, there would surely appear to be some sort of Ethics violations due to Conflict of Interest. It would be interesting to see how the State Attorney General's Office would feel about Mr. Cloud's participation in any of these negotiations now that the City has decided to get an appraisal on the property of the Cardinal Hill Plant in preparation for future expansion? A statement made by Mr. Cloud at the October 28, 2010, Special City Meeting, made it very clear that Mr. Cloud is already quite involved in the Cardinal Hill Plant discussions. Mr. Cloud made it clear the City has every intention of keeping this Temporary plant functioning well past the current DEP permit expiration date of 2/26/2012.
Research on this article was done in conjunction with Polk County resident J. W. McElwee, who resides in the neighborhood adjacent to the Cardinal Hill plant off of Steven's Drive.
Furthermore, this additional information below was posted on our blog in a comment buy Anonymous on November, 1st, 2010. This information brings up additional legal questions about the Cardinal Hill WWTF:
"The temporary WWT plant located on Steven Drive was constructed and built in violation of DEP rules and regulations.
Below is the text copied and pasted from DEP form DEP Form 62-604.300(8)(a) number 3 under General Requirements.
“The project is designed to be located on public right-of-ways, land owned by the permittee, or easements and to be located no closer than 100 feet from a public drinking water supply well and no closer than 75 feet from a private drinking water supply well; or documentation is provided in Part II.(5)B., showing that another alternative will result in an equivalent level of reliability and public health protection. [62-604.400(1)(b) and (c), F.A.C.]”
The form was found at this link:
http://www.dep.state.fl.us/water/wastewater/forms/pdf/604form8_a.pdf
The governing law for this form is Florida Administrative Code 62-604 located at this link:
http://www.dep.state.fl.us/legal/Rules/wastewater/62-604.pdf
Applicable sections cut and pasted below:
“62-604.400 Design/Performance Considerations.
(1) All new collection/transmission systems and modifications of existing systems for which construction permits are required by the Department shall be designed:
(a) In accordance with the provisions of Rule 62-604.300, F.A.C.;
(b) To be located on public right-of-ways, land owned by the permittee, or easements;”
Anyone familiar with codes and standards knows the word the definition of should and shall. The word shall, allows no leeway in compliance with the code or standard.
The City of Polk City applied for an individual permit for a domestic wastewater/collection system on April 13, 2006. The cover letter, as well as the application was submitted by Craig P. Ormanski P.E., an employee of PBS&J. PBS&J is an engineering firm hired by the City to engineer the project, to Mr. Mike Lukowich Permitting Supervisor for Florida DEP. The cover letter addresses only the construction of the forcemain, and pumpstation. It also states the Permanent WWTP will be “located east of downtown Polk City near Smith Road.”
The attached Permit Application list under “Project Name” states “ Polk City Interim WWTF, Forcemains and Watermain”
Under “Connections to existing system or treatment plant” states “New Interim Wastewater Treatment Plant” Curious this facility was not in service at the time of application for connection, Page 10 of 11 of the application.
On page 3 of 11 in this application “General Requirements” Initialed by CPO Craig P. Ormanski initialed this document stating the land was owned by the permitee, furthermore; on page 10 of 11 of the document under “Owner of Collection/Transmission System” the application is signed by Cory Carrier and dated April 6, 2006 and states “ The undersigned owner or authorized representative* of”, the star denotes the DEP request a letter of authorization, handwritten in the block is “ Interim WWTP and Future WWTP” and again signed and dated by Cory Carrier April 6, 2006. Page 11 of 11 is the “Professional Engineer Registered in Florida” signed by Craig P. Ormanski P.E. and dated April 6, 2006.
I have stated all of this to simply to state this; the facility does not comply with Florida Administrative Code 62-604.400. The information was gained from documents supplied by the City via a public records request. I have no mechanism to post them to the blog.
For further verification contact thr DEP or the City."
Back on November 23, 2005, City Council adopted Ordinance 1089 to take out a Capital Improvement Revenue Note, Series 2005, in the stated principal amount of $2,000,000 for a revolving line of credit with SunTrust Bank. What were these funds to be used for at the time? Where did this money go? On October 2, 2007, nearly 2 years later, Ordinance 1235 was adopted to amend Ordinance 1089 to increase the line of credit from $2,000,000 to $4,000,000 to pay for the construction and other costs regarding the temporary waste water treatment plant located off Stephen Drive. Here is a link to Ordinance 1235 from Polk City's archives. In December of 2008, the City converted this Series 2005 Capital Improvement Revenue Note line of credit into a term loan that bears interest of 3.06% with semi-annual principal and interest payment of $83,749 on June 1st and December 1st with a final maturity on December 1, 2023.
According to the 2008 Audit on numbered page 25, actual document page 40, it states that the City is currently leasing the parcel of land the Cardinal Hill Plant is on and has worked out a deal with the land owner to credit the property owner with one water and sewer impact fee per month of the six year lease, which began on 2/1/2006, in lieu of a cash lease. In this same lease the City also GUARANTEED complete removal of the waste water treatment plant operation no later than July 1, 2012. This deal also mentioned that 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. Florida State Statue 108.08 (1) states, "that such mortgage revenue certificates or debentures shall not impose any tax liability upon any real or personal property in such municipality nor constitute a debt against the municipality issuing the same, but shall be a lien only against or upon the property and revenues of such utility." Since the City clearly does not own this property on which the facility is located, is the city in violation of this statue?
On printed page page 46, actual page 65, of the same 2008 Audit the Auditor states an issue of Non-Compliance with this Series 2005 Capital Improvement Revenue Note under item (c). Item (c)(2) states, "Pursuant to Ordinance 1089, the City shall not issue additional debt secured by the Series 2005 Capital Improvement Revenue Note’s pledged revenues without approval of the note owner. The Series 2005 pledged revenues include the net revenues of the water and sewer system as well as sewer impact fees. We noted the City has entered into a state revolving fund loan agreement with the Florida Department of Environmental Protection that pledges sewer net revenues and sewer impact fees. This agreement was entered without approval of the owner of the Series 2005 note." The Management's response on this issue as stated in the audit states, "We concur. The city’s engineering consultant was to ensure all conditions were met for the SRF and the city relied on the consultants’ assurances that everything was completed properly. The Lender in this case has been notified and the city is awaiting response." Was this ever followed up on or would SunTrust be surprised to hear about this?
Another interesting fact about this Ordinance 1235 can be found on page 10 of 12, printed page number Exhibit C-1. The law firm on record representing the "Bank" is Gray Robinson P.A., the same law firm Polk City's own Interim City Attorney, Mr. Tom Cloud is a PARTNER of. The "Bank", SunTrust, was paid $2,500 in Bank Council Fees in connection with issuance of this Series 2005 Note. If the City consults Mr. Cloud on any of these issues regarding this 2005 Note or the deal with the Cardinal Hill plant, there would surely appear to be some sort of Ethics violations due to Conflict of Interest. It would be interesting to see how the State Attorney General's Office would feel about Mr. Cloud's participation in any of these negotiations now that the City has decided to get an appraisal on the property of the Cardinal Hill Plant in preparation for future expansion? A statement made by Mr. Cloud at the October 28, 2010, Special City Meeting, made it very clear that Mr. Cloud is already quite involved in the Cardinal Hill Plant discussions. Mr. Cloud made it clear the City has every intention of keeping this Temporary plant functioning well past the current DEP permit expiration date of 2/26/2012.
Research on this article was done in conjunction with Polk County resident J. W. McElwee, who resides in the neighborhood adjacent to the Cardinal Hill plant off of Steven's Drive.
Furthermore, this additional information below was posted on our blog in a comment buy Anonymous on November, 1st, 2010. This information brings up additional legal questions about the Cardinal Hill WWTF:
"The temporary WWT plant located on Steven Drive was constructed and built in violation of DEP rules and regulations.
Below is the text copied and pasted from DEP form DEP Form 62-604.300(8)(a) number 3 under General Requirements.
“The project is designed to be located on public right-of-ways, land owned by the permittee, or easements and to be located no closer than 100 feet from a public drinking water supply well and no closer than 75 feet from a private drinking water supply well; or documentation is provided in Part II.(5)B., showing that another alternative will result in an equivalent level of reliability and public health protection. [62-604.400(1)(b) and (c), F.A.C.]”
The form was found at this link:
http://www.dep.state.fl.us/water/wastewater/forms/pdf/604form8_a.pdf
The governing law for this form is Florida Administrative Code 62-604 located at this link:
http://www.dep.state.fl.us/legal/Rules/wastewater/62-604.pdf
Applicable sections cut and pasted below:
“62-604.400 Design/Performance Considerations.
(1) All new collection/transmission systems and modifications of existing systems for which construction permits are required by the Department shall be designed:
(a) In accordance with the provisions of Rule 62-604.300, F.A.C.;
(b) To be located on public right-of-ways, land owned by the permittee, or easements;”
Anyone familiar with codes and standards knows the word the definition of should and shall. The word shall, allows no leeway in compliance with the code or standard.
The City of Polk City applied for an individual permit for a domestic wastewater/collection system on April 13, 2006. The cover letter, as well as the application was submitted by Craig P. Ormanski P.E., an employee of PBS&J. PBS&J is an engineering firm hired by the City to engineer the project, to Mr. Mike Lukowich Permitting Supervisor for Florida DEP. The cover letter addresses only the construction of the forcemain, and pumpstation. It also states the Permanent WWTP will be “located east of downtown Polk City near Smith Road.”
The attached Permit Application list under “Project Name” states “ Polk City Interim WWTF, Forcemains and Watermain”
Under “Connections to existing system or treatment plant” states “New Interim Wastewater Treatment Plant” Curious this facility was not in service at the time of application for connection, Page 10 of 11 of the application.
On page 3 of 11 in this application “General Requirements” Initialed by CPO Craig P. Ormanski initialed this document stating the land was owned by the permitee, furthermore; on page 10 of 11 of the document under “Owner of Collection/Transmission System” the application is signed by Cory Carrier and dated April 6, 2006 and states “ The undersigned owner or authorized representative* of”, the star denotes the DEP request a letter of authorization, handwritten in the block is “ Interim WWTP and Future WWTP” and again signed and dated by Cory Carrier April 6, 2006. Page 11 of 11 is the “Professional Engineer Registered in Florida” signed by Craig P. Ormanski P.E. and dated April 6, 2006.
I have stated all of this to simply to state this; the facility does not comply with Florida Administrative Code 62-604.400. The information was gained from documents supplied by the City via a public records request. I have no mechanism to post them to the blog.
For further verification contact thr DEP or the City."
Monday, November 1, 2010
Politics 101
With the mid-term elections less than 24 hours away, this might be a good time to reflect on how politics should work, whether it's on the local, state or federal level. For most people, politics is not something you really think about when everything seems to run smoothly and it doesn't interfere with your lifestyle. You go about your daily life, and pay your taxes every year. You have faith in your local politicians and trust them to spend your hard earned tax dollars in a responsible manner. When voting time comes around, you evaluate how your government representatives have truly represented the will of the people in their decision making, and served the needs of the community. If you are satisfied or dissatisfied, you have the power to reflect that in the voting booth. That is a very important privilege that we should not take for granted.
Over the last few years, many Polk City residents were not very happy with the direction that some city officials had chosen for the city. Taxes and fees were ever increasing, with nothing to show for it. Roads were in disrepair, public works needed extensive repair, aggressive spending decisions were made, based on future expansion that did not materialize. Desperate attempts were made by city officials to lure in future developments by waiving impact fees which will be very costly to the citizens. Citizens started to speak up, criticized the previous administration, and questioned their decisions and leadership.
Joe LaCascia listened to his neighbors in Mt. Olive Shores North, where there was unrest brewing against the aggressive annexation practices of the city, using water and sewer access as a weapon. He stepped up and promised to represent his community when he was appointed to fill McMannagan's term on the city council. Trudy Block, who was a part-time resident in Polk City at the time and still resided in Chicago, organized citizens in a petition drive to fight the sewer expansion which would have put a heavy burden on the already heavily taxed community. Mike Blevin became very vocal and confrontational at the council meetings and challenged the City Council to be more responsible for their actions. Don Kimsey also took the initiative and thought he could make a difference along with the other new council members.
Joe, Trudy and Mike were very vocal in their criticism of the previous administration for being sneaky, underhanded and irresponsible. They preached the need for TRUTH, TRANSPARENCY AND A GOVERNMENT FOR THE PEOPLE! What happened to all these promises once they assumed these very important positions? They were all talk, and have not lived up to their promises. How can they walk in their communities and face their neighbors without feeling guilty that they let them down? Council persons Nancy Adorno and Mike Blevin seem to have been intimidated by the repeated One-on-One Meetings which Mrs. Trudy Block has held with them after she first became Interim City Manager. Minutes of these meeting are not found on the city's public website. What was discussed at these meetings? Council persons Adorno & Blevin have consistently voted with Mayor LaCascia and Vice Mayor Block. If they do present questions, they are typically just asking for clarification or issue a statement in support of the Mayor's & Vice Mayor's positions. This administration is choosing the same path as the previous administration by choosing to spend unlimited tax dollars on litigation, planning future expansion and continuing spending on a "TEMPORARY WASTE WATER TREATMENT PLANT", and approving future borrowing to increasing the existing $10.4 Million debt.
The only councilman worthy of sitting in that seat is Don Kimsey. He truly has the best interest of the people at heart. He is challenging the others to do the right thing. Don can walk tall amongst his neighbors and be proud that he is truly doing the great job he promised to do for his constituents. He has not lost touch with the will of his electorate. The people deserve representation, and the public should continue to put pressure on the council members until their decisions reflect the will of the people.
Over the last few years, many Polk City residents were not very happy with the direction that some city officials had chosen for the city. Taxes and fees were ever increasing, with nothing to show for it. Roads were in disrepair, public works needed extensive repair, aggressive spending decisions were made, based on future expansion that did not materialize. Desperate attempts were made by city officials to lure in future developments by waiving impact fees which will be very costly to the citizens. Citizens started to speak up, criticized the previous administration, and questioned their decisions and leadership.
Joe LaCascia listened to his neighbors in Mt. Olive Shores North, where there was unrest brewing against the aggressive annexation practices of the city, using water and sewer access as a weapon. He stepped up and promised to represent his community when he was appointed to fill McMannagan's term on the city council. Trudy Block, who was a part-time resident in Polk City at the time and still resided in Chicago, organized citizens in a petition drive to fight the sewer expansion which would have put a heavy burden on the already heavily taxed community. Mike Blevin became very vocal and confrontational at the council meetings and challenged the City Council to be more responsible for their actions. Don Kimsey also took the initiative and thought he could make a difference along with the other new council members.
Joe, Trudy and Mike were very vocal in their criticism of the previous administration for being sneaky, underhanded and irresponsible. They preached the need for TRUTH, TRANSPARENCY AND A GOVERNMENT FOR THE PEOPLE! What happened to all these promises once they assumed these very important positions? They were all talk, and have not lived up to their promises. How can they walk in their communities and face their neighbors without feeling guilty that they let them down? Council persons Nancy Adorno and Mike Blevin seem to have been intimidated by the repeated One-on-One Meetings which Mrs. Trudy Block has held with them after she first became Interim City Manager. Minutes of these meeting are not found on the city's public website. What was discussed at these meetings? Council persons Adorno & Blevin have consistently voted with Mayor LaCascia and Vice Mayor Block. If they do present questions, they are typically just asking for clarification or issue a statement in support of the Mayor's & Vice Mayor's positions. This administration is choosing the same path as the previous administration by choosing to spend unlimited tax dollars on litigation, planning future expansion and continuing spending on a "TEMPORARY WASTE WATER TREATMENT PLANT", and approving future borrowing to increasing the existing $10.4 Million debt.
The only councilman worthy of sitting in that seat is Don Kimsey. He truly has the best interest of the people at heart. He is challenging the others to do the right thing. Don can walk tall amongst his neighbors and be proud that he is truly doing the great job he promised to do for his constituents. He has not lost touch with the will of his electorate. The people deserve representation, and the public should continue to put pressure on the council members until their decisions reflect the will of the people.
Saturday, October 30, 2010
Cardinal Hill Plant Causing Too Much Noise for Nearby Residents
Here is a recent letter to the City from the Florida Department of Environmental Protection:
DEP Letter Dated October 25, 2010
DEP Letter Dated October 25, 2010
Friday, October 29, 2010
City of Lakeland Expresses Serious Concerns
Judging from the lack of people in the audience, many residents expected the City Council Special Meeting on October 28, 2010 to be boring. As in the past, the second reading of an ordinance is pretty uneventful and predictable, with no objections voiced and the adoption of the ordinance is approved by council. This was certainly not the case this time.
On the agenda as part of the Public Hearings was:
Ordinance 1268 describes the development of +/- 133 acre property located on the West Side of SR 33, south of Country Trails Drive. This area will be divided as follows: 98.81 acre Business Park, 8.13 acre Conservation area, and a 26.17 acre Convenience Center for Retail Businesses.
Ordinance 1269 - Seeking approval of Phase I of the Polk City Business Park to build a 554,000 sq.ft warehouse/distribution building.
The City of Lakeland also has serious concerns as to the sewer and wastewater disposal of this planned development. Currently the Cardinal Hill WWTF is a temporary facility which is not in close proximity and is only approved for approximately 80,000 Gallons Per Day. This capacity would have to be more than doubled to accommodate these new land development changes.
The City of Lakeland was asking the Polk City Council to postpone their vote on these ordinances until these issues, and the impact burden this development will create on Lakeland could be studied further by the City of Lakeland. Councilor Adorno posed the question if there were rules in place for adjacent municipalities to discuss proposed land use changes in properties that are in close poximity to each other. Attorney Cloud replied that it is a very common and growing practice to extend this courtesy between municipalities for quite a number of years.
Mayor LaCascia stated that so much work had gone into this project since 2007, that he was concerned any postponement in approval of this development could put it in jeopardy. Postponement may also create added expense for the city if Amendment #4 would be approved in next week's November 2 election. While these discussions were ongoing, Attorney Tom Cloud authored an agreement that would notify the City of Lakeland of any future development plans in addition to Phase I, and presented it to the City of Lakeland representative and all parties involved. This seemed to pacify her a little, but she still expressed the original concerns that Lakeland had with the large acreage designated for retail and the high impact costs this development will create. When Mayor LaCascia asked her if Lakeland would be considering future legal action, she said that would be a decision that only the Lakeland City Attorney could answer.
Let us remind the public that the previous Polk City administration made an agreement with these developers to waive all impact fees for this development. This means that the total cost of the impact on our community will fall on the shoulders of Polk City property owners. Their reason for doing this is stated in a Memo from City of Polk City, City Managers Office to the Planning Board, dated May 20, 2008, regarding the Coleson Properties and Browning Investments development. "The Coleson site is one of two properties that Browning has been looking at developing. The secondary site is in Hillsborough County. In all of our discussions with them, a major stumbling block to this development coming to Polk City has been the impact fees and the site plan modification. It is simply not financially viable, in these economic times to add approximately $8.50 per sq. ft. in cost to the cost of construction for impact fees."
"Because there is competition for this development, staff has researched the other site and what is being offered by the community. With the exception of impact fees, the Coleson site is far superior. The other site has offered to waive all impact fees there in order to bring jobs to that community also." At the May 13th, 2008, City Council Meeting Staff recommend to council that the City waive all City impact fees, Council voted unanimously to waive all impact fees."
"Because there is competition for this development, staff has researched the other site and what is being offered by the community. With the exception of impact fees, the Coleson site is far superior. The other site has offered to waive all impact fees there in order to bring jobs to that community also." At the May 13th, 2008, City Council Meeting Staff recommend to council that the City waive all City impact fees, Council voted unanimously to waive all impact fees."
After a lengthy 3 hour meeting addressing ordinance 1268 & 1269 on Oct. 28, 2010, Mayor LaCascia brought the ordinances to a vote respectively, and both were approved.
Problems with Blogger
There seems to be issues with Blogger, the host of our blog, since late afternoon on 10/28. No comments seem to be getting through and our stats reports are getting error messages. If you have attempted to post a comment, but have been unable to since this time, please email us at HelpPolkCityResidents@earthlink.net. We have contacted Blogger administration to make sure they are aware of the problems and to see how soon this will be resolved.
Thank you for your patience. Please continue to attempt to post, so we can see when the problem is corrected. We will update you when we receive any additional information.
Blog Administrators
Thank you for your patience. Please continue to attempt to post, so we can see when the problem is corrected. We will update you when we receive any additional information.
Blog Administrators
Thursday, October 28, 2010
Additional City Debt Camouflaged as Housekeeping?
The second agenda item on Resolution No:2010-07 for the City Council Special Meeting held on October 25th, 2010, at 6:00 PM was very vague. Some of the wording goes like this, "reimbursement of certain costs related to a spray field." Was this intentional to keep the public guessing allowing minimal time ahead of the meeting for the public to get their questions prepared to be asked during the meeting? It sure looks suspicious.
This Resolution was not provided in writing to the public during the meeting. After the meeting I was able to pull up the Resolution No: 2010-07 on Polk City's web site. Section 1. of this resolution states, "The portion of the Debt Obligations to be utilized for such reimbursement is not expected to exceed $275,000 aggregate principal amount." This statement in itself is ambiguous and does not clearly define any limit to the General Fund reimbursement. In addition, one would think that the definition of REIMBURSEMENT only qualifies unless the city transfers money from the Sewer Fund to repay the General Fund, for this Sewer Fund expenditure. Why is it necessary to re-borrow the $348,000 already paid to the county at ANY interest rate? Unless, the city is so financially unstable to even have made this payment in the first place.
By the wording in this Resolution it creates somewhat of a "line of credit" situation to transfer any amount, at any time, to the General Fund as the money is needed from the total amount borrowed. A true line of credit does not charge interest until the money is actually taken out and used. In this situation, the total amount of the loan is being charged interest from day one, unlike a true "line of credit." By this YES vote on Monday night, the council granted permission to the City Manager to seek financing for a loan of an undetermined amount, possibly millions of dollars, and only attempts to indicate the purpose for a small portion of the total amount of the loan. By mentioning the $275,000, this creates somewhat of a distraction to what the actual total amount of the loan will truly be. This sounds like a misleading creative spin of deception contributed by Mr. Tom Cloud at a rate of $200 per hour. The ONLY thing that is CRYSTAL CLEAR is that the city is in deep financial distress and is looking to add to the existing $10.4 Million debt.
During discussions even the hint of the use of the word, "LOAN," was treated as if it was a dirty word. The preferred word was, "HOUSEKEEPING." The theory behind this logic was that if the $1 Million debt to the county on the Mt. Olive Utility system, which currently has terms of 10 years at 11%, was able to be refinanced through another lender for a longer 20 year term at a lower rate, possibly 4%, then the city could pay off the loan to the county and save some money on interest, as well as lower the payments to make the debt easier to swallow. At face value, this statement is correct. But what is ACTUALLY being requested is not as simple as comparing apples to apples like in this scenerio Ms. Block is trying to lead the public and council to believe. If they are attempting to borrow more money than is needed for this loan on the Mt. Olive Spray Field just because, "it is such a great deal," this would off-set any possible savings to the city on the loan. Is this a way to put a positive spin on increasing the city debt? This greed and borrowing more than what is needed, and what can be backed up with collateral, is what caused the downfall of the housing market and the current foreclosure crisis. The city is heading in the same direction by considering this loan.
No specifics were ever really nailed down of how this money was to be spent, nor was there a set amount that was being requested as the discussions went round and round among the Council members. Councilman Kimsey looked to the Interim City Attorney, Mr. Tom Cloud, for clarification on the issue. Mr. Cloud's reply was basicialy that this is typical procedure and it has been done in other cities he has represented. Just because Mr. Cloud stated this was done in other cities, doesn't make it ethically correct or financially sound. Additional funds for day-to-day operations and future unapproved projects should not be included in this new loan. Because "it is such a great deal' Ms. Block was implying the city should borrow additional money for other expenses that might come up in the near future, such as additional land and work needed to expand the TEMPORARY Cardinal Hill WWT Plant. Could it be possible they were also considering covering the $531,000 due to the county for the back impact fees while they were at it, although this figure conveniently did not come up in the discussion between council members.
Looking at this possible new loan amount, the figure they are looking at is closer to $1.5 or $2 Million dollars!! HOW IS THIS SAVING THE CITY MONEY?? How can this possibly help the city except by masking the true financial state of affairs if the state eventually does step in and force the city to open up its books. It will appear that there is more operating capital in the accounts than what should truly be there, giving the false impression that everything with the city's finances are hunky dory!! In actuality, the money there is all borrowed money!! Before the public was allowed to ask any questions on the issue, it went to a vote and was approved. Surprise, surprise!
Why was there no mention of this VERY IMPORTANT MEETING by the biased reporting done by the Ledger Reporter, Mr. Kevin Bouffard? Could it be that City Officials did not want this to be disclosed to the public who did not attend the meeting, or County Officials? Or, was this issue too confusing to Mr. Bouffard where he did not even feel comfortable writing an article on it?
This Resolution was not provided in writing to the public during the meeting. After the meeting I was able to pull up the Resolution No: 2010-07 on Polk City's web site. Section 1. of this resolution states, "The portion of the Debt Obligations to be utilized for such reimbursement is not expected to exceed $275,000 aggregate principal amount." This statement in itself is ambiguous and does not clearly define any limit to the General Fund reimbursement. In addition, one would think that the definition of REIMBURSEMENT only qualifies unless the city transfers money from the Sewer Fund to repay the General Fund, for this Sewer Fund expenditure. Why is it necessary to re-borrow the $348,000 already paid to the county at ANY interest rate? Unless, the city is so financially unstable to even have made this payment in the first place.
By the wording in this Resolution it creates somewhat of a "line of credit" situation to transfer any amount, at any time, to the General Fund as the money is needed from the total amount borrowed. A true line of credit does not charge interest until the money is actually taken out and used. In this situation, the total amount of the loan is being charged interest from day one, unlike a true "line of credit." By this YES vote on Monday night, the council granted permission to the City Manager to seek financing for a loan of an undetermined amount, possibly millions of dollars, and only attempts to indicate the purpose for a small portion of the total amount of the loan. By mentioning the $275,000, this creates somewhat of a distraction to what the actual total amount of the loan will truly be. This sounds like a misleading creative spin of deception contributed by Mr. Tom Cloud at a rate of $200 per hour. The ONLY thing that is CRYSTAL CLEAR is that the city is in deep financial distress and is looking to add to the existing $10.4 Million debt.
During discussions even the hint of the use of the word, "LOAN," was treated as if it was a dirty word. The preferred word was, "HOUSEKEEPING." The theory behind this logic was that if the $1 Million debt to the county on the Mt. Olive Utility system, which currently has terms of 10 years at 11%, was able to be refinanced through another lender for a longer 20 year term at a lower rate, possibly 4%, then the city could pay off the loan to the county and save some money on interest, as well as lower the payments to make the debt easier to swallow. At face value, this statement is correct. But what is ACTUALLY being requested is not as simple as comparing apples to apples like in this scenerio Ms. Block is trying to lead the public and council to believe. If they are attempting to borrow more money than is needed for this loan on the Mt. Olive Spray Field just because, "it is such a great deal," this would off-set any possible savings to the city on the loan. Is this a way to put a positive spin on increasing the city debt? This greed and borrowing more than what is needed, and what can be backed up with collateral, is what caused the downfall of the housing market and the current foreclosure crisis. The city is heading in the same direction by considering this loan.
No specifics were ever really nailed down of how this money was to be spent, nor was there a set amount that was being requested as the discussions went round and round among the Council members. Councilman Kimsey looked to the Interim City Attorney, Mr. Tom Cloud, for clarification on the issue. Mr. Cloud's reply was basicialy that this is typical procedure and it has been done in other cities he has represented. Just because Mr. Cloud stated this was done in other cities, doesn't make it ethically correct or financially sound. Additional funds for day-to-day operations and future unapproved projects should not be included in this new loan. Because "it is such a great deal' Ms. Block was implying the city should borrow additional money for other expenses that might come up in the near future, such as additional land and work needed to expand the TEMPORARY Cardinal Hill WWT Plant. Could it be possible they were also considering covering the $531,000 due to the county for the back impact fees while they were at it, although this figure conveniently did not come up in the discussion between council members.
Looking at this possible new loan amount, the figure they are looking at is closer to $1.5 or $2 Million dollars!! HOW IS THIS SAVING THE CITY MONEY?? How can this possibly help the city except by masking the true financial state of affairs if the state eventually does step in and force the city to open up its books. It will appear that there is more operating capital in the accounts than what should truly be there, giving the false impression that everything with the city's finances are hunky dory!! In actuality, the money there is all borrowed money!! Before the public was allowed to ask any questions on the issue, it went to a vote and was approved. Surprise, surprise!
Why was there no mention of this VERY IMPORTANT MEETING by the biased reporting done by the Ledger Reporter, Mr. Kevin Bouffard? Could it be that City Officials did not want this to be disclosed to the public who did not attend the meeting, or County Officials? Or, was this issue too confusing to Mr. Bouffard where he did not even feel comfortable writing an article on it?
Wednesday, October 27, 2010
Crime Spree in Sandy Pointe Early Wednesday Morning 10/27
Approximately between 2 AM and 3 AM, Wednesday morning October 27th, at least one individual entered several unlocked vehicles in the neighborhood looking for valuables. One victim had a $300 camera and a knife set stolen out of his truck, another victim had items out of place in their vehicle, but apparently did not have anything taken. The 3rd victim is where all the major excitement started.
Mrs. Cory Carrier, the former City Manager also lives in the neighborhood and had left her car unlocked last night in her driveway. The burglar accidentally tapped the horn while inside her vehicle, which woke up Mr. Don Penton, the former City Mayor and Cory Carrier's husband. Peeking out the bedroom window, Mr. Penton saw the interior car light on and a profile in the vehicle. He grabbed his 357 Magnum and headed out the side exit to confront the suspect. In hindsight he regretted yelling to him before approaching the suspect, giving him a heads up. The startled suspect began running. Mr. Penton shot twice at the suspect trying to stop him by hitting him in the legs. The 2nd bullet was recovered after it hit a neighbor's garage, the first bullet has not been recovered. The suspect continued running down the street between houses farther into the neighborhood toward the lake.
911 was called at roughly 3:04 AM. Patrols showed up approximately 7 minutes later and were followed up by 2 helicopters and dogs about 10 minutes after the call was placed. A hat was lost by the suspect during his retreat which was given to the dogs to track him. The dogs followed the scent through the back half of the neighborhood between houses and up through the undeveloped lots on the Southwest side of the neighborhood, where the dogs lost the scent. The suspect is still on the loose as of this morning at 10:30 AM.
Neighbors were interviewed to see if there was any additional information that might help to catch the suspect.
I must admit that a 7 minute response time is pretty good considering the ONE Polk City Police Officer was not on duty last night when it happened. It was the Polk County Sheriff's Department who responded to the call. I'm sure the shots fired, and the fact that it was at the former City Mayor's house, didn't hurt matters either. Did the absence of city patrols last night, due to the drastic cuts in the Polk City Police force, have any direct connection to the occurrence of the crimes? Maybe or Maybe not, but it sure makes it a lot easier to be nosing around our neighborhoods at night without worrying too much about a police patrol driving up to interrupt all the fun. I know many neighbors in Sandy Pointe will be looking into taking extra measures to protect their property and insure their safety in the future. Other Polk City residents would be wise to do the same, since the City can't afford adequate police protection to have regular patrols to deter this type of activity. The city residents are forced to take their protection into their own hands, since the city is financially not able to. Polk City residents pay some of the highest tax rates in the state and the city still does not have enough money to provide adequate police protection for its residents. Maybe the budget cuts should be made somewhere else? Hopefully, the 357 Magnum scared this individual enough, and others who may be considering doing the same, not to mess with Sandy Pointe again!
Mrs. Cory Carrier, the former City Manager also lives in the neighborhood and had left her car unlocked last night in her driveway. The burglar accidentally tapped the horn while inside her vehicle, which woke up Mr. Don Penton, the former City Mayor and Cory Carrier's husband. Peeking out the bedroom window, Mr. Penton saw the interior car light on and a profile in the vehicle. He grabbed his 357 Magnum and headed out the side exit to confront the suspect. In hindsight he regretted yelling to him before approaching the suspect, giving him a heads up. The startled suspect began running. Mr. Penton shot twice at the suspect trying to stop him by hitting him in the legs. The 2nd bullet was recovered after it hit a neighbor's garage, the first bullet has not been recovered. The suspect continued running down the street between houses farther into the neighborhood toward the lake.
 |
| Bullet hole in Sandy Pointe residence |
911 was called at roughly 3:04 AM. Patrols showed up approximately 7 minutes later and were followed up by 2 helicopters and dogs about 10 minutes after the call was placed. A hat was lost by the suspect during his retreat which was given to the dogs to track him. The dogs followed the scent through the back half of the neighborhood between houses and up through the undeveloped lots on the Southwest side of the neighborhood, where the dogs lost the scent. The suspect is still on the loose as of this morning at 10:30 AM.
Neighbors were interviewed to see if there was any additional information that might help to catch the suspect.
I must admit that a 7 minute response time is pretty good considering the ONE Polk City Police Officer was not on duty last night when it happened. It was the Polk County Sheriff's Department who responded to the call. I'm sure the shots fired, and the fact that it was at the former City Mayor's house, didn't hurt matters either. Did the absence of city patrols last night, due to the drastic cuts in the Polk City Police force, have any direct connection to the occurrence of the crimes? Maybe or Maybe not, but it sure makes it a lot easier to be nosing around our neighborhoods at night without worrying too much about a police patrol driving up to interrupt all the fun. I know many neighbors in Sandy Pointe will be looking into taking extra measures to protect their property and insure their safety in the future. Other Polk City residents would be wise to do the same, since the City can't afford adequate police protection to have regular patrols to deter this type of activity. The city residents are forced to take their protection into their own hands, since the city is financially not able to. Polk City residents pay some of the highest tax rates in the state and the city still does not have enough money to provide adequate police protection for its residents. Maybe the budget cuts should be made somewhere else? Hopefully, the 357 Magnum scared this individual enough, and others who may be considering doing the same, not to mess with Sandy Pointe again!
Tuesday, October 26, 2010
New Ledger Article about October 25th Workshop on Petition
The Ledger reporter Keven Bouffard clearly shows his bias in the recent article about the dissolution petition discussed during the October 25th Workshop last night. Mr. Bouffard reiterates every point the city had to make, whether true or not, including the weak attempt to discredit the the voice of the people by City Attorney Tom Cloud making claims of duplicate signatures included in the petition. There were a couple of individuals who reside OUTSIDE city limits who own multiple parcels within city limits who did sign for each parcel. These signatures were included in the Non-Registered Voters and Water & Sewer Customers of Polk City Utilities Who Reside Outside City Limits, which were clearly not to be verified. These signatures were also not counted more than once when the signatures were tallied and have NO BEARING on the REGISTERED VOTER signatures. KEVIN, PLEASE VERIFY YOUR FACTS!!
By Mr. Bouffard focusing on the statement of the duplicate signatures earlier in the article, even thought they were not counted more than once in the tallies, he is implying that the remainder of the numerous signatures have no significance. The city made it clear that the signatures were not verified, but will be dismissed, even though they claim to want to know what the public wishes are. By disregarding these valid signatures representing a significant number of the registered voters of the city, the Mayor's proposal to work with the public on clarifying the financial impact of dissolution, IF this is what the majority of the people want, seems contradictory. Is this an empty promise in attempt to pacify the public? This looks like another delay tactic to allow the city to continue down the same path and create more debt. Many of the questions posed to Michael Herr at the County, before his term was up, are questions that Michael Herr himself stated could not be answered without further research and working together with the city. This needs to be a combined effort of the city and county to determine a plan, not a collaboration of only the public and city officials. This is a complicated issue that will not be addressed unless the issue of dissolution is a credible probability, due to expenses and time requirements to accomplish this plan. The title of this article, "Polk City Council Doesn't Back Polk City Dissolution" is misleading in that regard. The City chose to void the petition, but evidenced by lengthy conversation during the meeting which is not mentioned at all in this article, the issue of dissolution of the City by Council vote and a vote of the people is still on the table to be researched further.
Are Mr. Bouffard's personal feelings weighing too heavily in his objectivity? Is he trying to make a statement by only writing about one side of the story, since we will no longer return his phone calls due to the high rate of misquoting us in his articles? Regardless of his motives, this type of highly biased reporting only amplifies the small town injustices and politics going on here. What a shame! Maybe the public should scream louder to pull in a wider audience so this story of injustice and strong arming the city citizens will be more fairly reported by members of the media on a statewide and national level who have less personal ties to the subject at hand.
Polk City Council Doesn't Back Polk City Dissolution
Ledger Photo Gallery from the Meeting
By Mr. Bouffard focusing on the statement of the duplicate signatures earlier in the article, even thought they were not counted more than once in the tallies, he is implying that the remainder of the numerous signatures have no significance. The city made it clear that the signatures were not verified, but will be dismissed, even though they claim to want to know what the public wishes are. By disregarding these valid signatures representing a significant number of the registered voters of the city, the Mayor's proposal to work with the public on clarifying the financial impact of dissolution, IF this is what the majority of the people want, seems contradictory. Is this an empty promise in attempt to pacify the public? This looks like another delay tactic to allow the city to continue down the same path and create more debt. Many of the questions posed to Michael Herr at the County, before his term was up, are questions that Michael Herr himself stated could not be answered without further research and working together with the city. This needs to be a combined effort of the city and county to determine a plan, not a collaboration of only the public and city officials. This is a complicated issue that will not be addressed unless the issue of dissolution is a credible probability, due to expenses and time requirements to accomplish this plan. The title of this article, "Polk City Council Doesn't Back Polk City Dissolution" is misleading in that regard. The City chose to void the petition, but evidenced by lengthy conversation during the meeting which is not mentioned at all in this article, the issue of dissolution of the City by Council vote and a vote of the people is still on the table to be researched further.
Are Mr. Bouffard's personal feelings weighing too heavily in his objectivity? Is he trying to make a statement by only writing about one side of the story, since we will no longer return his phone calls due to the high rate of misquoting us in his articles? Regardless of his motives, this type of highly biased reporting only amplifies the small town injustices and politics going on here. What a shame! Maybe the public should scream louder to pull in a wider audience so this story of injustice and strong arming the city citizens will be more fairly reported by members of the media on a statewide and national level who have less personal ties to the subject at hand.
Polk City Council Doesn't Back Polk City Dissolution
Ledger Photo Gallery from the Meeting
City Meeting Dates Changed
At the City Council Special Meeting held on Monday, October 25th, at 6:00 PM there were two agenda items.
The first issue was to change the City Council Meetings to fit Mr. Tom Cloud's, the new Interim City Attorney, schedule. Mr. Cloud has a scheduling conflict on Tuesday evenings which was apparently not considered when the new Interim City Attorney was chosen. Councilman Kimsey brought up the fact that the city should have considered other attorneys that could be available when the city needs them, not that the city should conform to meet the attorney's needs. He recommended that additional resumes of other attorney's should be reviewed to see if other attorney's would be available to fill this position on a permanent basis who would be more flexible.
The meeting time was also moved up to 7:00 PM instead of 7:30 PM. Per Acting City Manager/Vice Mayor Block, on days that city meetings are held, the day is very long for the employees who end up working all day, then attend the meetings into the evenings. The city employees' inconvenience appeared to be more of a consideration when making this change than the ability of the public to attend these meetings. The public also has a long day at work and rushing home to make the now earlier meeting times, is going to be more challenging. The issue of the public's inconvenience was not discussed in consideration of the meeting time change at all. The city employees do not have traffic issues to consider when leaving work to attend the monthly meetings, unlike the public.
The probability of many holidays falling on a Monday came up and a plan B was put in place to go to when that situation occurs.
The final approved new meeting times will be on the 2nd Monday of each month at 7:00 PM. In cases that a holiday falls on that day, the meeting date will move to the 3rd Monday of each month at 7:00 PM. This change will be in effect until a new city attorney is chosen, at which time the date and time MAY be changed again. Moving the city meetings to the 3rd Monday, in the case of a holiday, may cause issues with getting timely information to the Planning Board, which meets on the 3rd Tuesday of each month. This possible conflict was not considered in the discussion. No public comment was taken on this issue until after the vote of the council.
The first issue was to change the City Council Meetings to fit Mr. Tom Cloud's, the new Interim City Attorney, schedule. Mr. Cloud has a scheduling conflict on Tuesday evenings which was apparently not considered when the new Interim City Attorney was chosen. Councilman Kimsey brought up the fact that the city should have considered other attorneys that could be available when the city needs them, not that the city should conform to meet the attorney's needs. He recommended that additional resumes of other attorney's should be reviewed to see if other attorney's would be available to fill this position on a permanent basis who would be more flexible.
The meeting time was also moved up to 7:00 PM instead of 7:30 PM. Per Acting City Manager/Vice Mayor Block, on days that city meetings are held, the day is very long for the employees who end up working all day, then attend the meetings into the evenings. The city employees' inconvenience appeared to be more of a consideration when making this change than the ability of the public to attend these meetings. The public also has a long day at work and rushing home to make the now earlier meeting times, is going to be more challenging. The issue of the public's inconvenience was not discussed in consideration of the meeting time change at all. The city employees do not have traffic issues to consider when leaving work to attend the monthly meetings, unlike the public.
The probability of many holidays falling on a Monday came up and a plan B was put in place to go to when that situation occurs.
The final approved new meeting times will be on the 2nd Monday of each month at 7:00 PM. In cases that a holiday falls on that day, the meeting date will move to the 3rd Monday of each month at 7:00 PM. This change will be in effect until a new city attorney is chosen, at which time the date and time MAY be changed again. Moving the city meetings to the 3rd Monday, in the case of a holiday, may cause issues with getting timely information to the Planning Board, which meets on the 3rd Tuesday of each month. This possible conflict was not considered in the discussion. No public comment was taken on this issue until after the vote of the council.
Sunday, October 24, 2010
Cedar Grove, Florida - Case Study
Attorney Tom Cloud and his staff did a good job of citing examples of municipalities in Florida who were unsuccessful in dissolving by a vote of the people when the city responded to our Petition. What is not mentioned is the former city of Cedar Grove, Florida. Eerily similar stories of corruption, out of control debt, lack of city services, and City Officials not listening to the will of the people were exactly what was going on in Cedar Grove. A former Mayor of the City even did jail time for his crimes there. A group of concerned city residents attempted twice to dissolve the city by petition under the same state statutes 165.051, as we did here. Both attempts were shot down for various reasons, but similar to ours, the petitions accomplished a lot in giving the people a voice to let the City Officials know where the people stood on the issue of dissolving the city and the public's approval rating of how the city was being run into the ground. Essentially, the city choose to ignore the public's wishes and continued down the same path of corruption.
A few years later when 3 of the city council seats were up for election, three individuals, unknown to each other at the time, agreed to run for the open seats with the intention to shut down the city. They ran on the issue that they would listen to the will of the people and were successfully elected. The 3 individuals, Janet Beier, Tony Brannen, and Mary Ann Gardner, were dubbed as the "Gang of Three" by the public. Here is a link to Janet A. Beier's campaign site from when she ran for office: Janet A. Beier I personally spoke with Ms. Beier regarding what happened in Cedar Grove and how they were successful. She was very helpful and informative. She said they were just average people trying to stop the corruption in their small town, but the only way they could put a stop to it there was by getting elected into the Council seats and proposing an ordinance to dissolve the city, themselves. After assuming their positions, the "Gang of Three" did not waste any time proposing and approving this ordinance, with a vote of 3 to 2, to dissolve the city. It went to a vote of the people at the general election later that year. The people voted to approve the ordinance and 30 days later, the city was dissolved. This was the first time in Florida history that a city was dissolved by a vote of the people. "The dissolution ordinance took effect at 8:00 AM on 22 October 2008, at which time the police department was disbanded and all assets became the property of the Bay County Commission." (quoted from the Wikipedia article cited below) I wonder if Polk County realized the significance of the October 22nd date when they set the recent deadline for the City on the past due Impact Fees. Maybe this is some sort of foreshadowing and possible poetic justice! Ms. Beier said it was not an easy process and she received a lot of heat for what she did, but she did not regret any part of their actions. She still lives in the same area she did at the time of all this and is very happy to be living in unincorporated Bay County.
Here are several links about Cedar Grove, Florida.
Cedar Grove, Florida on Wikipedia
Details of Cedar Grove dissolution emerge (see VIDEOS)
Town of Cedar Grove is No More
Bay County takes control of Cedar Grove streets
www.city-data.com - Cedar Grove, Florida
Cedar Grove Dissolution Dilemma
Cedar Grove Election Results
A few years later when 3 of the city council seats were up for election, three individuals, unknown to each other at the time, agreed to run for the open seats with the intention to shut down the city. They ran on the issue that they would listen to the will of the people and were successfully elected. The 3 individuals, Janet Beier, Tony Brannen, and Mary Ann Gardner, were dubbed as the "Gang of Three" by the public. Here is a link to Janet A. Beier's campaign site from when she ran for office: Janet A. Beier I personally spoke with Ms. Beier regarding what happened in Cedar Grove and how they were successful. She was very helpful and informative. She said they were just average people trying to stop the corruption in their small town, but the only way they could put a stop to it there was by getting elected into the Council seats and proposing an ordinance to dissolve the city, themselves. After assuming their positions, the "Gang of Three" did not waste any time proposing and approving this ordinance, with a vote of 3 to 2, to dissolve the city. It went to a vote of the people at the general election later that year. The people voted to approve the ordinance and 30 days later, the city was dissolved. This was the first time in Florida history that a city was dissolved by a vote of the people. "The dissolution ordinance took effect at 8:00 AM on 22 October 2008, at which time the police department was disbanded and all assets became the property of the Bay County Commission." (quoted from the Wikipedia article cited below) I wonder if Polk County realized the significance of the October 22nd date when they set the recent deadline for the City on the past due Impact Fees. Maybe this is some sort of foreshadowing and possible poetic justice! Ms. Beier said it was not an easy process and she received a lot of heat for what she did, but she did not regret any part of their actions. She still lives in the same area she did at the time of all this and is very happy to be living in unincorporated Bay County.
Here are several links about Cedar Grove, Florida.
Cedar Grove, Florida on Wikipedia
Details of Cedar Grove dissolution emerge (see VIDEOS)
Town of Cedar Grove is No More
Bay County takes control of Cedar Grove streets
www.city-data.com - Cedar Grove, Florida
Cedar Grove Dissolution Dilemma
Cedar Grove Election Results
Conflicting Information regarding Check to County
Further information has been brought to our attention from another city resident who spoke with Interim County Manager Jim Freeman. Per this city resident, the check Acting City Manager/Vice Mayor Trudy Block attempted to present to the county on Thursday, October 21st, was not for $28,000, but rather $2,800. Since the check was never accepted by the county, there is a good chance there was some miscommunication regarding the actual amount, especially if no County Official ever saw the check in person. It sounds like the only source that would know for sure the exact amount of the check would be a representative from the City, and they have been pretty tight lipped on this issue. If the check was for $2,800, then Ms. Block would not have needed the approval of the entire City Council to initiate the check, since it would be under her $10,000 limit. The check would have only required her signature, as Vice Mayor, as well as Mayor Joe LaCascia's signature.
How the amount of the check presented to the county was determined has yet to be revealed, as well. If the check was truly for only $2,800, is this all that the City could afford to pay on a debt totaling over a half a million dollars? That in itself is a pretty sad state of affairs. We initially thought the $28,000 amount was low and would have been an insult. The amount under $3,000 is that much worse. If the main objective was to try to trick the County into accepting ANY kind of partial payment to void the terms of their demands, then the check could have been written for 1 cent and accomplish the same thing. Since the City Officials are not being very open and transparent about their dealings with the County lately, even with other Council Members at the City meetings, it leaves this question left unanswered.
We were also informed that the County Officials had an idea that the City would attempt to present the check a second time via overnight mail to be delivered to the County on the deadline of Friday, October 22nd, 2010. To make sure that there were no misunderstandings about the acceptance of this partial payment check, the County instructed all of it's over 2,000 employees NOT to sign for ANY deliveries on Friday. The County was very clever to make sure that there will be no signatures of any kind before the deadline expired that might indicate any acceptance of that partial payment. If there was, there may have been a chance that the attorneys could twist things around and void the previous ultimatum presented to the City for ONLY payment IN FULL. We applaud the County on their strategy. How the County proceeds from here we will have to wait and see.
How the amount of the check presented to the county was determined has yet to be revealed, as well. If the check was truly for only $2,800, is this all that the City could afford to pay on a debt totaling over a half a million dollars? That in itself is a pretty sad state of affairs. We initially thought the $28,000 amount was low and would have been an insult. The amount under $3,000 is that much worse. If the main objective was to try to trick the County into accepting ANY kind of partial payment to void the terms of their demands, then the check could have been written for 1 cent and accomplish the same thing. Since the City Officials are not being very open and transparent about their dealings with the County lately, even with other Council Members at the City meetings, it leaves this question left unanswered.
We were also informed that the County Officials had an idea that the City would attempt to present the check a second time via overnight mail to be delivered to the County on the deadline of Friday, October 22nd, 2010. To make sure that there were no misunderstandings about the acceptance of this partial payment check, the County instructed all of it's over 2,000 employees NOT to sign for ANY deliveries on Friday. The County was very clever to make sure that there will be no signatures of any kind before the deadline expired that might indicate any acceptance of that partial payment. If there was, there may have been a chance that the attorneys could twist things around and void the previous ultimatum presented to the City for ONLY payment IN FULL. We applaud the County on their strategy. How the County proceeds from here we will have to wait and see.
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