Tuesday, November 16, 2010

County BOCC Meeting in Bartow on November 16th

The meeting today at the county was pretty uneventful in regards to the Polk City issue, number 19 on the agenda.  County Attorney Michael Craig read the proposal for the resolution about the Florida Governmental Conflict Resolution Act.  Details of this resolution can be found in this previous post: Next Step in Mt. Olive Utility System Takeback to be Discussed at County Meeting

There was no discussion amongst the board members on the topic before the vote.  There was no opportunity for public discussion.  The motion passed with a unanimous vote of 5-0.

Monday, November 15, 2010

Mediation Next Stop For Dispute Between County, Polk City

Ledger article about County meeting on Tuesday, November 16th, in Bartow.

Mediation Next Stop For Dispute Between County, Polk City

Proof of Utility Meter Software Problems and Gross Incompetence

Here is a copy of someone's October 2010 water/sewer bill.  The name, address, and account number have been digitally removed to protect the individual's identity.


This individual has no water leaks and when reading the meter manually on 11/14/2010, the utility customer figures that they should have been charged 3,000 gallons on the water/sewer meter and 2,000 on the irrigation meter.  This is the 2nd time this individual has run into a similar issue.

Common sense would figure that if the city knows they have issues of this magnitude, they would be spot checking bills for gross errors like this BEFORE mailings go out, or have some sort of flag in the system with a report or something, that would indicate such a large irregularity from the previous month's readings. This is gross incompetence on multiple levels!  A couple of months ago 2 identical sets of utility bills were sent to each utility account.  A big waste of mailing supplies, postage, and tax payer money.  Didn't the billing department think something was strange when twice the volume of bills were being mailed than normal?  Why are things like this happening without a clue until the utility customers bring it to the Utility Department's attention?

Obviously, the size of this particular billing error is easy to spot right away.  Smaller problems like this may not be as easy to detect by the utility customer.  It would be very likely, they would just pay the inflated bill thinking that they must have used that much water, but would have no way to know for sure since the meter readings are several days prior to the bill coming in the mail.  Who has time to manually check their water meter after they get every utility bill?  Maybe that is the only way to know for sure.

Sunday, November 14, 2010

Reality Check Letter to BB&T on Possible City Loan for $2.68 Million

From: Lisa Shifflett
Sent: Thursday, November 11, 2010 6:27 PM
To: 'mlindsay@bbandt.com'; 'mcsmith@bbandt.com'
Subject: Additional information on Polk City
Importance: High

Earlier, I sent you some information about Polk City in a email concerning BB&T possibly issuing a loan to the City of Polk City in the near future. I came across additional information this afternoon that directly affects Polk City as well, while reviewing the Polk County Board of Commissioner’s Meeting Agenda scheduled for next Tuesday, November 16th. Agenda item number #18 specifically, can have substantial impact on the City of Polk City’s ability to repay this possible loan to the point that the resulting outcome of these decisions and future litigations may directly impact the future existence of the city.

If the county is successful in taking back the Mt. Olive Utility System from Polk City, this will result in Polk City loosing approximately half of its current utility customers, many of which are both water and sewer customers who pay substantially higher percentages of the total gross revenue the city receives through utility fees. Currently, Utility Service Fees are the primary source of income for the city. According to the 2010-2011 budget, projected fees for services of water and sewer utilities make up $1,905,000 of the total $3,807,243 projected revenues, equaling 50% of the total projected revenue for the city.

Another issue that is also being discussed at this county meeting is the legality of the water and sewer access fees being charged by the city. These are also referred to as WAC & SAC fees. These are fees the city is charging property owners to have water or sewer lines running past the property without any kind of hook up or meters. The city is disguising these fees under the name of “Privilege Fees” instead of Access Charges in their budget documents. In the 2010-2011 City budget $169,450 of SAC fees and $91,753 of WAC fees are projected. This totals $261,203 of projected revenue, just under 7% of the total revenue for the year, which may very well be found to be unlawfully assessed the property owners. In last year’s ‘09-‘10 budget the SAC fees alone were projected to generate $169,450 for the city. Instead the amended budget which is due to be approved in a special city meeting on November 15th, shows the actual funds received on this line item was only $26,090, due to property owners refusing to pay this very likely illegal charge. The amended budget document does not show the difference in the WAC fees actually received vs. projected, but it would be fair to assume a similar situation in that account as well. Here is a link to this document due to be discussed at the meeting on the 15th: http://fl-polkcity.civicplus.com/archives/52/Ordinance%201270.pdf

Another issue that will be discussed is the back impact fees that the city still owes the county from 2006 & 2007. The county is requesting payment in full of the $531,000 due. The County will discuss how they plan to proceed to force Polk City to pay these monies the city collected from developers then misappropriated by transferring the money into the city’s General Fund. The money was then spent without a trace. The county had presented a deadline of October 22nd, 2010, for the city to repay these fees in full. Instead the Acting City Manager/Vice Mayor attempted to present a check to the county for the sum of $2,800. Yes, that is a check of less than $3,000 on a debt of more than $500,000. The county refused to accept this check and is now deciding on what the next step will be in the process to get these delinquent funds.

Here is a link to my blog post that has links to all these agenda items for the county meeting and supporting documentation. http://concernedcitizensofpolkcity.blogspot.com/2010/11/next-step-in-mt-olive-utility-system.html

This is just further evidence that the City of Polk City is in NO financial position to be acquiring additional debt. Please deny the City’s request for this loan for $2.68 Million dollars!

Sincerely,

Lisa B. Shifflett

Thursday, November 11, 2010

Next Step in Mt. Olive Utility System Takeback to be Discussed at County Meeting

At the November 16th County meeting, scheduled to start at 9:00 AM, County Commissioners will discuss the next step the county plans to take in the Mt. Olive Utility System dispute with Polk City as well as touching on the back impact fees still owed to the county, and WAC & SAC (Water & Sewer Access Charges) fees being charged by Polk City Utilities.

Here is a link to the meeting agenda:  November 16, 2010 Polk County BOCC Meeting Agenda

The 18th agenda item under the County Attorney, Michael Craig's section, is "Approve Resolution regarding the Florida Governmental Conflict Resolution Act to commence dispute resolution process with Polk City."

Here is a link to the detailed description of what will be discussed:  Agenda item #18 description

Attachment to the agenda spelling out the resolution:  Polk County Resolution on Mt. Olive Utility System

Water Meter Problems System Wide

Have you experienced unexplained jumps in your monthly water/sewer bills that you could not figure out, just to have it go back to what your average total bill was the following month?  Have you had unexplained "usage" on your bill when you were not even using the water/sewer services, such as being out of town?  Have you attempted to get an answer from the Utility Department in the past and were told that you must have a leak or were asked to pay a fee to have a study done on your meter to find the problem, just to be ultimately told that no problem was found?  Have you had your meter even replaced and had it happen again?  If you have answered, "Yes," to any of these questions you are not alone!

Finally, the customers of Polk City Utilities might be getting the truth.  Mr. Sanderson, the temporary contract consultant from FGUA, who we jokingly call the $1,700 man, since the city is paying him $1,700 a week for his services, may have revealed in Monday's November 8th meeting what the city has not disclosed for quite some time.  There is a software glitch with some of the new radio readable water meters that have been installed to replace the older manual versions.

For several years now, mysterious increases in water/sewer bills have been happening across the city.  One individual told me when they had this experience their water bill jumped more than $200 in one month.  She spoke directly with Cory Carrier, the City Manager at the time, after getting unsatisfactory answers from others in the Utility Department on her issue.  After explaining the problem, Cory responded with a response somewhere along the lines of, "It happened again!"  But Ms. Carrier stopped herself mid-thought and would not explain what she meant by that comment.  The problem at the time was resolved by Ms. Carrier issuing a partial credit to the account, but an explanation was never provided about how the inflated charge occurred in the first place.  How many times have water bills been inflated over actual use and the customer did not question it? Or after questioning it, paid to have a plumber come out and check for leaks, or ended up paying the higher bill because they were told that they must have used the water, but not remembered?  God only knows!!  Not only are Polk City Utility customers subject to water fees approximately 200% higher and sewer fees 200-400% higher than surrounding utility service providers, now we find out that we very likely have been overcharged for water/sewer usage we never even used, but have no way to prove it!!  Not to mention, there is no grace period for customers who are not able to pay their bills. They get shut off with no warning, not even a courtesy call or letter.  Other municipalities like Auburndale have a 3 month rolling grace period which results in almost no shut offs.  What Polk City Utilities is doing is downright criminal.

From what Mr. Sanderson explained is that some of the errors were due to human error by physically misreading the meters.  Most of the discrepancies are occurring with the newer meters that Polk City has purchased from the City of Lakeland.  Maybe this is why Lakeland is getting rid of them?  These meters have the ability to be read remotely so the meter readers do not have to physically open up the water meter box to physically read the numbers. It is all done electronically using special equipment that can be used from inside a car driving by the meter.  The problem is occurring with the software used on this system, the meters, and the billing system.  Mr. Sanderson said that prior to the new meters being installed, they must be programed.  The staff had not been properly trained on how to do this, so time after time meters that were not programed or were improperly programed were being installed, resulting in inconsistent meter readings that would happen intermittently making it very difficult to troubleshoot.  Because this service of meter reading has now been outsourced to an outside company in attempts to save the city money, this has only complicated the problem with miscommunications and untrained or under trained staff.  Even after repeated replacements of meters the problems were not resolved, since the same glitches or programming errors were repeated time and time again.  He did say that the older manual meters are more reliable, but those are subject to human error in the reading process and of course take much longer to read.

Mr. Sanderson said that it looks like they are getting a handle on the problems, but it will take time to work the bugs all out of the system.  Please keep this in mind when you get your monthly water/sewer bills and do not assume they are always accurate.

November 15th Meeting Agenda and Attachments

Here is the latest agenda for the meeting coming up on the 15th.  I have also attached a link to the full ordinance that will be discussed, since the last 3 meetings that resolutions or ordinances were discussed full copies of these items were not provided to the audience at the meeting.  Please review these ahead of time so you will be well informed prior to the meeting.

City Council Special Meeting November 15, 2010 - Agenda

Ordinance 1270

Wednesday, November 10, 2010

Impact Fees Due to County

Here's a recent article from the Ledger on this issue.

Polk City Used Money Due to County

It looks like instead of Mr. Bouffard reporting on the recent monthly city meeting held on November 8th and current unethical actions taken by the current administration, he has chosen to focus on the previous administration.  Hard to say which is worse.

This money due to the county is one of the expenses that is specifically excluded from being paid by the funds that the city is seeking on this new $2.68 M loan.  This information was stated in a previous article from the Ledger Polk City Manager Will Propose $2.68 Mil. Loan.  The article from today states, "Fling's audit found, and Carrier authorized five transfers totaling $410,806 in 2008 from that account into Polk City's general fund, which finances most city operations, and its water and sewer utility funds.  Fling said he could not track the money any further once it went into those accounts."  Who's to say this same thing will not happen again?  How convenient!!

How Did the City Manager Get Permission to Seek Another $2.68 M Loan?

To refresh some memories from last month's regularly scheduled City Council Meeting on October 25th, a vote took place on Resolution No:2010-07.  See this previous blog post to see what happened during this discussion on this resolution: Additional City Debt Camouflaged as Housekeeping  By the sounds of the discussion during the October 25th meeting, 2 of the 4 Council persons there at the meeting had no idea what the other two had in mind when they voted to pass this resolution, nor did they have a clear understanding of what they really voted for.  The 5th council person was not even there at the meeting.  The way the whole issue was handled was very sneaky and underhanded.  The verbiage was very vague and even during discussions, which included the Interim City Attorney, Tom Cloud, these vague areas were intentionally never clarified and spelled out before the vote.  They were merely brushed over and explained away as standard operating procedure just to get the resolution to pass.  With this yes vote from the council on this resolution, the Acting City Manager/Vice Mayor Trudy Block received permission to seek a loan for whatever amount she wanted for whatever purposes she wanted.

By having 5 Council positions by design, the city charter intended to have each of those individuals make EDUCATED decisions regarding the welfare of the city and the public in a fair and democratic way AS A TEAM.  The way this vote happened on this resolution, with the support of the Mr. Cloud helping to "sell" it, this did not happen.  It was quite obvious to the public, especially in retrospect, that Mayor LaCascia and Acting City Manager/Vice Mayor Block were the only two council members who fully understood that this vote would allow Ms. Block to seek a loan for whatever additional funds she saw fit to move forward on whatever agendas they had in the works now or in the future, and revitalize the city's bank accounts so they could pay their day-to-day operating expenses with no worries of bouncing checks.  How is this a fiscally responsible way to run the city?  More debt is not the answer when the city is so strapped that it can't even pay current debt obligations!

This sewer business plan is what has gotten the city in such a deep hole to begin with.  Pouring more Millions into this hole will not make the hole get any smaller.  The tax base is still only around 800 parcels and roughly 1600 residents and only a handful of small businesses who are already overly taxed and overly charged for water and sewer services with no additional benefits to show for their hard earned money.  A debt amount of $10.4 M, plus an additional $1.68 M in debt (roughly $1 M of this new loan is just refinancing current debt) does not increase the cash flow from this tiny tax base.  It only makes the problem worse!  These high taxes and fees are what is scaring businesses and residents away from the city and reducing the city's cash flow.  Adding to the mountain of debt will not change this fact. 

At least the previous administration used what they thought at the time was sound judgment when getting the loans based on projected future growth in a thriving economy from incoming developments, which ultimately did not materialize.  This current administration does not have that projected growth to justify it.  In fact, we are in the worst recession since the depression of the 1930s.  If they think that the commercial warehouse project across from Fountain Park, on SR33, is going to pay for this loan through increased revenues, remember these entities have not promised any projected start dates and they have worked out a deal with the previous administration so they will not owe any impact fees.  Even with the moratorium on impact fees from the city and county, it has not resulted in the growth they were hoping for.  The only businesses who have recently come into the city are missions and churches which are eligible for tax exempt status and rely on donations from the public to survive.  These are not long term revenue sources for the city.  Hopefully, the possible bond holders and banks realize this reality!!  The people and handful of small businesses can not afford to pay any more than they already are, it will only drive them out of town.

Tuesday, November 9, 2010

Blatant Abuse of Power

The time has come for us to really take a hard look at the process of the decision making that has been going on in our city government during the past four months.  In the City Charter under Chapter 2: Administration, Article II:  Officers & Employees, Division 3:  Town Manager, Section 2-61:  Qualifications:  "A Town Manager shall be chosen solely on the basis of the executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as set forth in this chapter."  Yet we have an Acting City Manager, with absolutely NO PREVIOUS GOVERNMENT ADMINISTRATIVE EXPERIENCE IN MANAGING A CITY, running our day to day operations and making all the decisions for the past 4 months, with no end in sight!

Section 2-62 continues:  "A councilman shall not receive such appointment during the term for which such councilman shall have been elected unless such councilman shall have resigned from the office as councilman."  Yet we have a council person acting as Acting City Manager, and still retaining all the powers of a council person for the past 4 months.   The Mayor & Vice Mayor are actively resisting plans to initiate proceeding to start the search for a new City Manager.

 In the City Charter Part I, Article V:  Administration, Section C-21, A-(3) part of the City Manager's duties are to "attend all council meetings and he/she shall have the right to take part in discussions, but may not vote."  In our council meetings, our Acting City Manager can propose a resolution, participate in the discussion, and then gets to cast what could be a TIE-BREAKING VOTE.   Every time, she votes on her own resolution in her Vice Mayor capacity. This has been ongoing for the past 4 months.  This gives her more power than any council person or previous City Manager.  This is NOT the way this government was designed to work!  Everything lately seems to be AN EMERGENCY SITUATION, since we're in "The Eye of the Storm" and agendas are being pushed through without in-depth comparisons and studies.  The Mayor & Vice Mayor have their defensive answers prepared in advance to deal with objections from the rest of the council and use their combined powers to approve their agendas.  They seem to be very much in sync in preparation of the meetings.  This suggests that they are communicating outside the guidelines of the Sunshine Law.  We must insist that only official e-mail addresses are used to communicate with each other and the council members. 

Section C-21 (8)  goes on to state under Town Manager duties:  "To keep council fully and continuously advised as to the financial condition and future needs of the town and make such recommendations to council concerning affairs of the town as he/she deems desirable."  That means full disclosure, not half-truths or using deceptive language to mislead and trick council into approving a resolution, like the one to obtain an additional $2.68 Million dollar loan on October 25th.

Section C-20 (B) states:  "In the event that, by reason of death, sickness, resignation, absence or discharge of the City Manager, the office of City Manager shall be temporarily vacant, the City Council shall appoint an Acting Manager to act pending the filling of the vacancy, and such Acting Manager shall have TEMPORARILY the powers hereby vested in a City Manager for a period of thirty (30) days. The initial thirty-day vacancy may be renewable for additional thirty (30) day periods AS NECESSARY to fill the vacancy of Town Manager. Any member of the City Council may serve, temporarily, as Acting City Manager while serving as a Council Member."

Does this mean that this can go on indefinitely for as long a period as the Mayor and Acting City Manager/Vice Mayor choose, or does the Council have a say in this?  According to the City Charter, the Council appoints a City Manager.  If the search is not started for a permanent City Manager, it will remain NECESSARY FOR AN UNLIMITED TIME, and the term TEMPORARY is no longer applicable. The Mayor and Vice Mayor seem quite content with this temporary situation.

  We MUST put a stop to this abuse of power, and the public should demand that a search for a New City Manager begin IMMEDIATELY.  This process will require at least 30 to 60 days, which means another 30 - 60 days that our Acting City Manager and Mayor have unchecked, full control over what happens to our future.  This is a very dangerous situation, since there are no checks and balances.  They only need one council person on their side to pass everything they want.  Our City Charter should be changed to put a time limit in place as to how long an Acting City Manager can remain in this dual role.  She should not be able to cast a tie-breaking vote on her own agendas.  We are paying our hard-earned money for a top notch attorney.  Why isn't he protecting our rights?  Is he getting paid just to advise the Mayor and City Manager to promote their agenda?

Have You Noticed?

For those of you who have been attending the city meetings lately, have you noticed some subtle physical changes going on?  At first it just seemed like we had to get there earlier and earlier to get a seat, assuming that there were more people attending the meetings.  Yes, there may be more people attending the meetings, but last night we noticed that an entire row of seats for the audience on the left hand side of the room have mysteriously disappeared!  There used to be 5 row, now there are only 4!  The room is already too small for the recent crowds attending the meetings causing the additional people to overflow into the hallway and now they are also removing seats?  What's up with that?

We have also noticed that since the new Interim Attorney Mr. Tom Cloud has been attending the meetings there has been a game of musical chairs going on.  Intentionally, it appears.  From the audience perspective, the previous City Attorney used to sit at the far left seat on the end, to the right of him Councilor Adorno, then Acting City Manager/Vice Mayor Block, then Mayor LaCascia, next City Clerk Patricia Jackson, next Councilor Kimsey, and to the far right Councilor Blethen.  The first night Mr. Cloud attended a city meeting he sat one seat in from the left hand side with Councilor Adorno sitting on the end and Acting City Manager/Vice Mayor Block to his other side.  The following meeting he attended, he shifted one more seat to the center, so now he is strategically positioned between Acting City Manager/Vice Mayor Block and Mayor LaCascia.  If you watch closely during the meeting the reason for the musical chairs is quite obvious. 

As most people know by now, Councilman Kimsey has been the most vocal when it comes to questioning some of the proposals brought up by Ms. Block and Mayor LaCascia.  When Mr. Kimsey has posed questions to them that it appears they might have difficulty answering, Mr. Cloud has been passing notes to Ms. Block and Mayor LaCascia to aide them in their responses.  I don't know if Mr. Kimsey is aware of this due to the curve in the desk at the front on the room that may be blocking his view at desk level.  These interactions with the Attorney are obviously intended to be very subtle or invisible to the public, since he is very careful about not even looking at the recipient when the notes are being passed.  The recipients are not quite as practiced at their poker faces.  No wonder these two are so in favor of keeping the current Interim Attorney, he makes them look smarter than they really are.  Is this fair to the other Council Members who are doing their best to get answers and clarifications so they can make decisions in the best interest of their constituents?  If they had a high dollar attorney helping them debate the issues at hand, they would probably be able to be more persuasive as well.  Don't you think? 

Monday, November 8, 2010

Call to Action to Stop the BB&T Loan

We have been able to find out who's the individual handling the loan application for Polk City with BB&T.  His name is Mike Smith and he is located in downtown Orlando.

His snail mail address is:

BB&T Government Financial Dept
225 South Orange Ave
Attn: Michael C. Smith

His phone number is:  407-241-3570
His fax number is: 877-320-4453

Email: mcsmith@bbandt.com

Please contact Mr. Smith TODAY and let him know that Polk City cannot afford this loan.  The people of Polk City have far too much debt already for the city to be looking at adding any more to it.  Especially, $2.68 Million to the already crazy $10.4 Million for such a small tax base of approximately 1,600 residents!!  What are they thinking??

Let the people of Polk City's voices be heard!!  We cannot let this loan deal go through!

Tonight's City Council Meeting at 7:00 PM

Don't forget the new dates and times for the regularly scheduled monthly City Council Meetings have changed to the 2nd MONDAY of each month at 7:00 PM. 

Here is a link to the agenda for tonight's meeting: November 8, 2010 City Council Meeting Agenda

Hope to see you there.

Sunday, November 7, 2010

Notice of Intent to File a Civil Action Against BB&T


Below is a communication a Polk City resident has sent to BB&T:
From: Bob bersey <rsbersey@gmail.com>
Date: Sun, Nov 7, 2010 at 10:04 AM
Subject: Polk City Fl Loan Request / Notice of Intent to file legal action
To: mlindsay <mlindsay@bbandt.com>

Dear BB&T
       I have attached for your review a letter of intent to file legal action, Please forward to the Government loan precessing dept and your attorney. Please send by united states mail or e-mail an address to be used for the purpose of being process served with the civil compliant .

Thank you in advance for your help in resolving this matter

Sincerely

Mr. Robert W. Bersey

Copy of Attachment:
NOTICE OF INTENT TO FILE A CIVIL ACTION

BB&T Bank, Governmental lending, Orlando Florida Division

Re: Polk City Florida Request for Loan

                  This letter is being sent to you as a courtesy. Your bank is hereby notified a civil complaint will be filed in the 10th Judicial Court of Polk County Florida.

A civil action is being filed against you for the following reason:
  1. Polk City has a current credit application with your Bank
  2. That the requested dollar amount  is believed to be for 2.68 million dollars
  3. 2.68 million dollars will only serve as to compound the financial hardship Polk City as a government body and the citizens of Polk City are currently undergoing
  4. Therefore, 2.68 million dollars will have a direct effect on the citizens of Polk City FL, compounding the financial hardship already being suffered enacted by the current city council for the purpose of generating revenue to pay the debts owed prior to Polk City submittal of their application for credit from your Bank.
Therefore, Based on the actions taken by the current City Mayor, Acting City Manager Trudy Block, and council. Your approval of Polk City application will cause the cost of living to increase due to Polk City needing to cover the payment to your bank.

Your Bank will be released from the above-mentioned matter by forwarding a copy of the denial of credit letter sent to City of Polk City Florida.

Please call 863-608-0428 if you have any questions in regards to the above matter.
Sincerely,

Mr. Robert W. Bersey
P.0 Box 1321
Polk City, FL 33868

I hereby certify that on this 7th day of November 2010, a true and exact copy has been e-mailed to BB&T Bank, Governmental lending, Orlando Florida Division

Saturday, November 6, 2010

BB&T E-mail Link To Their Government Financial Department

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.

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.

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!

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??

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.

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.