April 13th, 2009

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We hope that the poor oysters grow and prosper, not cost $20 each even without the cost of the volunteer labor, and are not sold as an ecotourism event to be viewed at low tide. Remember that a “grant” to anybody by the Feds or the State is your tax money that they are spending. Cleaning up an island in the middle of the intra coastal, might make sense, but it is still taxpayer money and spending it this way in a depression may not be the best way to create jobs.

FIRE DEPARTMENTS ARE OUT OF WORK

AN EDITORIAL

It is no secret. Fire departments are out of work today and as you look at the calls made for house fires and med/evac they are decreasing at a highly desirable rate for the local communities. But this is not what is in the best employment interest of a fireman, since it is obvious that as the fire calls and med/evac calls decrease, it is harder for them to argue that they are needed for protecting the public.

First the “house fires” or so-called “structural fires” today are almost non existent. The threat of house fires has diminished to the point of almost disappearing. Therefore there is no need for a large staff of firefighters.  Even without the crisis in revenue, large fire departments in small cities are not an effective tool for protecting the public safety if the protection is predicated on fireman putting out fires. There are almost no fires in communities that have few old buildings and have had effective enforcement of building codes for 30 or more years. New Smyrna Beach had only three house fires in 2006, and it does not look like more per year in 2007.The growth factor of the number of persons on a shift, and paying one of them more money as a “supervisor”, has resulted in no better community protection. If you want proof, look at the Volusia County statistics where seven fire stations with two to a shift have the same statistical results in all respects as the 15 County stations with three to a shift. A fast perusal of the statistics Countywide for 2007 raises a serious issue as to whether the self-reporting by New Smyrna Beach is credible, much less accurate. That is for a separate article.

Additionally, what might be needed in a major city with large numbers of high rise buildings, many built 100 years ago, is not what you see in our small communities with mandatory sprinkler systems in multi family facilities and electrical systems that seldom fail. South Daytona Beach Shores in 2006 had one reported structural fire and the Shadow was told it was extinguished by the sprinkler system.

The fire departments here in Volusia County understood their problem of diminishing need for big expensive fire engines and large crews years ago and morphed into a service to provide medical service.  It was easy. The pitch was “We have these crews easily available with few calls for fires so why not train them in emergency medical care and send them out on medical calls”.  They first competed with funeral homes that ran ambulances, but now as medical emergency calls are plummeting they are confronted with fully supported and efficient ambulance services set up by Volusia and other Counties.

Look at the problem from a fire department union’s point of view. No fires and now diminishing need for medical emergency as new drugs and procedures systematically have cut the medical emergency need. This leaves accidents on the road and in the home. Worse, from their point of view, the EVAC ambulance service run by the County is cost effective and practical. No matter what the fire department Union (International Association of Fire Fighters—IAFF) says, EVAC is at the scene usually before, but almost always within minutes, of the fire engine. EVAC has only two employees on a vehicle, not three, arrives in a more economical vehicle (less than $100,000 and not a $1,000,000 cumbersome fire truck), and the employees are paid well but not extravagantly with modest pensions and 401(k) plans. Look at the New Smyrna Beach W-2s. Compare EVAC’S operational plan with that of New Smyrna Beach.  Instead of lounging in $5,000,000 fire stations, they station their equipment when not on call, for example, in the parking garage of the courthouse in Deland or near the emergency room at Bert Fish. 

The present IAFF Union push is to take apart EVAC and become the ambulance service.  If they do not get more work, the game is up for sure for the bloated salaries, high pensions and benefits, and demands for bailouts from the Feds.  You can not sell your self as a hard working hero when the public understands that you have almost no work, that driving a food delivery truck is a more hazardous job, and that you watch the Playboy channel in the club house—whoops, fire station while the EVAC crews wait in free space that has no up-keep. The IAFF Union is trying everything; all the stops are out.

Their in-pocket Volusia Councilman in Ormond Beach, Josh Wagner, says he wants an experiment that would include the Ormond Beach and Daytona Beach fire department having ambulance service.  Edgewater, New Smyrna Beach, and Port Orange are talking about a fully “unified” fire and ambulance service which the Shadow is sure has a provision to take over  EVAC service in order to frustrate consolidation at the County level. They had a meeting about this but the public notice must have been about as visible as the advertising for tourists in Fargo, North Dakota, during this month’s flood.  Also, the main participants all had ties to the Union.

If they succeed in breaking up EVAC they will gain a few years at your expense. They will not fix the bloated and over managed service. They will not cut costs. Look at Port Orange where two weeks ago the Fire Chief told the Mayor to get lost when the Mayor said the fire department should cut costs. They will not stop their demands. They will continue to support candidates that will protect their interest. If your interests are not their interest, it is for you to tell your elected officials that you do not like their program.

1. A Cynics view

The following three factoids are offered.

A. The tax revolt groups around the Country are planning “tea” parties (April 15, 2009 in DeLand ) and some of the members of these groups are sending used tea bags to elected officials;

B. Two weeks ago the City of Port Orange decided to buy decontamination   equipment for its fire department to guard Port Orange against a terrorist attack with a bacterial or viral agent;

C. On April 2, 2009, three unmarked envelopes with tea bags were delivered to County offices in DeLand.

Now we think that the County Fire Department will ask the County Council to buy similar equipment that was just authorized by Port Orange for its fire department.  Tea bags, particularly used tea bags, must be properly decontaminated.  Wanna bet?

“Best Blogs of the Week”

(Edited for grammar and punctuation)

A POTPOURRI OF CITIZEN COMMENTS IS

AGAIN PROVIDED THIS WEEK IN ORDER

FOR YOU TO GET IN TUNE WITH THE

MOOD OF OUR READERS

Date:  4/1/2009, 7:23 pm

Name:  Oyster girl

Go Coolman Go! According to our vaulted one way press, Water Taxi average estimated riders has been 2000 per month for the last year according to the Coolman. How can the Coolman expect to run the taxi when he can not account exactly how many people ride the taxi? Did he present the exact operational taxi cost for the last year? 2000 per month for 12 months is 24,000 riders. 24,000 riders times $12 is $288,000. What were the salary, benefits, insurance, fuel, maintenance, administration and all other expenses for running the Taxi? Does anyone know the true cost and expenses? Hey Mark J......can you shed some light on the expenses? NSBNET.crap has no answer. Hell, hagood was asked in a commission meeting what the city gets for the $84,000 paid to the MDC for operational costs. What was the answer? NADA! Maybe John now has time as a consultant to get the answers. The Shadow seems to have skirted the issue, only vague contrary statements. When the city commission lays off the receptionists to bring the budget in balance then gives $20,000 for a Kayak shed (not counting kayaks and trailers) you know where the squealing wheel gets greased. Three cheers for the Coolman and his wacky band of minstrels! How’s that shed door coming along anyway?

Date:  3/30/2009, 8:40 am

Name:  Taxpayer

The saying that Power Corrupts Absolute Power Corrupts Absolutely” holds a very special meaning to NSB. Note the IAFF and what has taken place here with our fire department.  All those Chiefs and so few Indians.   Anyone  paying attention to the Automakers problems? The same is here in our City. More and more WE want and   Nothing on the Give. Cut the crap and cut the lawn. Get rid of the Cable T.V { unless You Take a collection and pay for it yourself}.And for Gods sake and for us as taxpayers get rid of all the excessive leadership. If the FFs we have need that many Leaders maybe we need more competent FFs!

Date:  4/4/2009, 5:10 pm

Name:  LETS DO IT HERE!

"The Sarasota-Manatee Airport Authority on Tuesday hired a private firefighting company over the pleading and protests of union members who will lose their jobs and benefits.

The authority approved a three-year contract with Rural/Metro on a 4-to-1 vote at a special meeting. Chairman Paul Sharff was opposed. Member Kathy Baylis was absent.

The vote came after testimony from several firefighters who have worked at the airport for 20 years or more. The men can apply for jobs with Rural/Metro, but they won't likely achieve the level of pay or benefits they had under their old contract."

HA HA HA HA HA HA

The majority of the airport board backed Chief Executive Officer Fred Piccolo, who pointed out that Rural/Metro of Scottsdale, Ariz., would hire 15 firefighters, plus a chief, and save the airport about $327,000 per year"

NOTES

1.FIRE FIGHTERS -BLUE COLLAR WORKERS WITH LIMITED TECHNICAL EDUCATION

The debate is not whether we need public safety workers and whether they should be appropriately paid. The problem is that public safety workers are blue collar workers and should be paid accordingly, not a wage and pension schedule that is excessive, unaffordable and unwarranted. Their job is basically out of high school with a year of technical training. That is the rub when they insist that a $64,000 pension for a 46 year old retiree is appropriate and that she should be paid that pension for 35 years since it was payable the day she retired. The rub is also the obscene DROP program where they will not even tell you what is in the double-dip account of each of the double-dippers. The taxpayer waits until his sixties to get a pension.

2. New Police Cars

The Police Chief has decided to cut costs and buy new cost effective police cars. See picture below.

“That is about what you pay each month on your car.”

DEAR KAHALID

As we have stated in the past, we realize that the City Manager is limited in the resources available to him for pursuing cost reduction projects, so we have decided to help him out and provide draft letters for his review. As  we have said this will free him up for important things, like dealing with all the serious problems of the police and fire department pensions.

TO: Mayor Makay

FROM: Kalid Reishdat

Dear Sally,

There are at least two detailed studies that have been undertaken I am told to find out why Deltona residents pay less than $100 each for police service and New Smyrna Beach residents pay about $320. Worse Deltona has a better rating on the crime index than New Smyrna Beach. Statistics issued by the Florida Department of Legal Enforcement LINK The Volusia County Sheriff has stated that he can supply our sister community, Edgewater, which has roughly the same number of residents and the is the same size as New Smyrna Beach, with only twelve personnel, instead of 36, and at half of their current costs. If these studies are presented to me, should I put them on the Agenda?

Kahlid

THE WATER TAXIS IS LOSING $10,000 A WEEK OF YOUR MONEY IN THEIR BEST MONTH

$25,000 IN MARCH COST TO RUN IT, $15,000 REVENUE=$10,000 LOSS.  YOUR SUBSIDY FOR THE MARINE  DISCOVERY CENTER.

We are starting to unravel the true dimension of the flim-flam accounting that now keeps the water taxi afloat.  Nothing   illegal, just possibly a tad dishonest. It does have about $150,000 in the checkbook, but essentially that is taxpayer money. The way it is presented hides the fact that it is operating in the red and that the red ink will be come a bigger stream of lost dollars as we go into the slow season. What they did is treat income over the last two years in a separate account. The $85,000 dollars advanced by the City in 2007 and 2008 were off-set against the grant. With the revenue in a separate account on the surface it does not appear that they are out of money but they are really broke and are spending $10,000 of your money just in March to keep operating.  It is not that they just got more money, it is that they are using your money now to keep on operating at a loss.

The grant is exhausted. It ran out. At the current rate of loss, which will increase as the poorer ridership months now come into play, they will need an additional subsidy. They are spending taxpayer dollars now to keep running.  There is no reserve, except on paper, for repairs. One of the engines if it blows up we are told is $25,000.

Want something else to chew on. They pay no rent; their property is tax free, and occasional jobs like clearing up the property around the kayak shed is done by Parks and Rec. We bet the businesses on Canal and Flagler would like that kind of deal. LINK

Tomorrow night this New Smyrna Beach Commission has a new opportunity to avoid addressing any of the pressing issues before them. They never miss an opportunity to avoid an opportunity to discuss important issues. Their third rail is the issue of fixing the fire department pay, pensions, and benefits. They have avoided this issue for 18 months and there is no reason to believe that they will not continue to do so. Attached is the Foster & Foster report. LINK Foster & Foster are specialists in pension plans, and they present four choices as to how to accomplish the fixing of the pension portion of the equation. This was prepared by the now terminated City Manager and was to be submitted by him we believe to satisfy the Commission demand that he come up with an answer to the pension problem. Firing him two weeks early meant that the report was not on their plate. Please do not accuse the Shadow of being cynical. It is the best explanation that makes sense. Had it been presented to them, Hagood would have met his goal of giving them a solution and they would have had no reason to remove him other than that they planned to do so anyway. 

ANGLER’S YACHT CLUB –“OUTED”

The Shadow stumbled on the Angler’s Yacht Club when looking over the New Smyrna Beach budget in 2005 and not finding any entry for the leased property at 2 Causeway—The  Angler’s Yacht Club. A call to the finance department as to how and where they entered the payment for the lease resulted in an odd conversation. The entry was in a different name and the lease could not be found. When it was rediscovered it appeared that it was for $25 a year and that the property was on the tax rolls for $1 a year despite the fact that all of the improvements were taxable.

But then a causal conversation with a City employee resulted in a statement that veiled threats had been made by someone in the Club that “failure to play ball could result in unnamed adverse consequences.” In other words “we are important and do not cause us any trouble”.  Then there was the rumor that a reporter at the Daytona Beach News Journal who had been looking into the workings and membership of the Club had died mysteriously and that the Angler’s Club had been involved. We do not believe that there is any truth to the rumor, but it seems to have some credence with some in the City.

The publisher called the Volusia County Appraiser’s office and spoke to the Deputy County Appraiser in late 2006 in order to better understand the taxable status of improvements on rented public land.  Such property is taxable at full value under the statute, and the question was why no tax had been assessed except for the building built by the U.S. government during WWII.  It took a while to get answers to those questions, and while nothing happened in 2007, by 2008 it was very apparent that the Angler’s Yacht Club had avoided paying taxes that it should have been paying for many years. The property is not open to the public and its use by 90 rich members (and theIr guests only) serves no public purpose. 

The Shadow knew of the policy of discrimination but did not know it was enshrined in the by-laws. It was always also apparent that the Angler’s Club discriminated in fact, but it was not until a copy of its charter was uncovered that it was seen that the discrimination was actually printed in its charter and by-laws—membership is limited “to white citizens over 21 years old.”  It was also apparent that someone had given information to both the Appraiser’s office, and possibly the Federal Small Business Administration and the State Submerged Land office that was in all likelihood in conflict with the discriminatory practices engaged in by the Club. This misinformation was either proffered by the Angler’s Club or the City, and we do not know which.

So now we have them taxed at what looks still like less than the real value, enjoying an unconscionable lease for $25 a year that was probably not valid as of the time it was signed, and with a discriminatory group that is in violation of any lease of public land. Keep in mind that the failure of taxing them properly over the last 10 years has probably cost the City at least $500,000 and the lease “joke” another $500,000. The letter from the County Appraiser to Mr. Gummey makes it clear that the City was actively colluding to avoid collecting the appropriate tax since each and every year the City reviewed the Community Redevelopment Agency district and verified that it was correct. LINK In other words, the City ratified that the improvements were City property and was open to public use.  This year at least the taxes will cost these 90 members with the almost free deepwater slips at least $20,000. At least it is a small start.   

It is three months since this matter was forced on the City to address.  After public  disclosure , the City is planning to have a private negotiation session with the Angler’s Club. Why private? Why not open? There is nothing that should be hidden from the public and this is just one more effort of them to dither. Enough is known about these operations for the City to just plain tell them how this property should be taxed and leased. They have unjustly benefited for 65 years and should not be permitted to steal another dime. There is nothing to talk about. Either agree or just leave. Better yet, sell it at auction with the City Marina.  It would fetch a pretty penny and the whole joint marina would be on the tax roles. At any price, even in a down market, the community will benefit by having this property on the tax role.

THE SHADOW MAKES A DIFFERENCE

We published an article last April analyzing the state of events after six months in office by our current City Commission. We never had high hopes since we thought they were rather business as usual—buy votes and refuse to address the major issues. But as we have said on several occasions, “hope springs eternal in the hearts of man” and we hoped that with a little prodding they would publically address the issues. We were wrong. They have continued to operate as if   “it is better if the taxpayers have no information” and they continue to avoid issues.  

A year has passed and we are now 18 months into the life of this Commission. We find that they have managed to not address any of the major financial issues that are bankrupting the City. We know that they know the issue and at least the Mayor is smart enough to know how to fix the problems. She simply has no desire to do so and would rather run the place as a banana republic rather than a functional political entity. But even accepting this as a “given”, we think that there has been some small moves that benefit the taxpayer as a whole and not just Sally’s friends. We think the Shadow has made a difference.

Last year we published the following article which has been edited to make it more relevant to this year (limited editing):

“We continue to be amused at the postings on the bulletin board (people's blog) that states the Shadow is ineffectual, that nothing it comments on is ever adopted by the elected officials, and that the fire department union, the IAFF, will always get what it wants regardless of what is appropriate. Well we beg to differ, and more importantly, we can point to all sorts of occurrences that have happened because there has been exposure of inappropriate operating practices by the City of New Smyrna Beach. For example we determined that Morgan Gilreath, the County Tax Appraiser, was not fully assessing the Angler's Yacht Club  property. That assessment has now been increased by almost $1,000,000 this year. We believe it is still too low. Keep in mind that in the last 10 years alone the original low assessment cost the City $200,000 dollars under the current low assessment.  The County and City collected that money from you because the Angler’s club did not pay its fair share. 

The Shadow blew the whistle and it was long overdue. Mr. Gilreath responded recently to the City attorney’s request as follows as to who requested that it be examined because it was unfair:

“Our best memory is that we received a series of telephone calls from Judge Litt, of New Smyrna Beach, in 2006 and 2007 questioning first the number of buildings on the site and then the tax exempt status and $1 land value of the Angler’s Club. We find no record of the dates of the calls. We sent appraisers to check out measurements and completeness of the building records and later contacted the Angler’s Club concerning the “public purpose” boating activities that the Club was offering the New Smyrna Beach public community. There was discussion of their documenting the reason for continuing the exemption in a letter, but we have no record of one being sent or received”. 

But the bigger question now is why Mr. Gummey asked the question?  The Shadow did not take credit, but you would think that the City would be pleased in a time of reduced tax collection to get the revenue.  SEE related article this issue. Ask why Gummey and neither of the two City Managers ever raised the issue. Of course they thought they would have been fired.

True, the Shadow  pushed for an election on issues and was grossly disappointed when most of the candidates ran their usual beauty contest with a little of the usual unfairness like Makay calling the ex Mayor corrupt and Mercy (remember who she is) filing what seems to be a totally groundless, criminal complaint against an opponent. The no-growth crowd won the beauty contest, but mostly as a beauty contest and not on their position of no growth. In fact Mayor Makay tried to put distance between her position of limiting rebuilding condos on the beach which she rammed through Planning and Zoning. She claimed it did not really do that. The Shadow  was highly critical of the failure of everyone except Tom Kelly to even discuss cutting spending, although Commissioner Hathaway had made it clear by his comments at Commission meetings that he wanted City business to be run as businesses and wanted to cut spending. 

Yes, we were disappointed that the issues were not addressed by each candidate. The Shadow  thinks that changing the mind set and course of the City, and its neighbors which all share the same problems, is not an easy task. It takes time and is not measured in months. But change will happen. Democracy requires sunlight and sunshine, and when the electorate is kept ill informed bad thing happen. Just because the current crop of elected officials can be baffled by a snow job from the Police Chief to buy a more expensive and it might appear no better motor vehicle, does not mean that you cannot judge for your self.   Just as the 911-RCC still exists and seems to still waste a lot more of our money, it is now wasting $300,000 less of our money than it was wasting in 2006. And just because the Municipal Golf Course is not run as a business, the City Manager, the one they fired, did move personnel from it to other City Departments—now reversed yet again it seems. 

In sum, we are making it better.  Slowly.  At a snail's pace. But better. We think the Utilities Commission deliberately understated the amount of water it was dumping and whether it could have effectively retreat the water rather than dump it. But we know of two State Agencies that are now looking at the issue and we think we stopped them from wasting water that is needed. We believe that Police Chief “Crown Vic” Pagano will be permitted to buy the Crown Vic, but part of the price seems to be compromising Commander Mimms who he pressured into obtaining the letter from the Ormond Beach Police Chief. It is also evident that he would rather have His way than do what is best for the City.  And it calls into question again as to why a police force of 61 persons needs four Commanders. The Shadow can not reorganize the police department, but absent our pointing out the absurdity of the current management arrangements, it would be another needless expense never examined. In the next election ask them all if they will support reorganizing the police management. That is an issue they should be able to handle. It is close to a no-brainer. Also ask whether take-home car officers are not required to pay for all the gas they use if they go more than five miles out of town to sleep at night.

Then think of what you didn't know and now do know, It is not whether you agree with the analysis as set forth by the Shadow.  No, it is whether you have the information to make an intelligent decision on your own. This is true of the elected officials. Make intelligent decisions for the citizens and stop pandering to special interest groups. Now Lowes might not fight to place its building near the railroad track, but when the Florida East Coast Railroad wants to develop their own property is the City going to tell them to get lost like it did Lowes? If we remember correctly the argument against Lowes, it was primarily because it was commercial in an industrial zone. Well if they want to put industrial facilities on the property, the CIty  may well rue the day they opposed Lowes.”

Well, we will soldier on. We do not think there is any lack of understanding as to what to do to fix problems, such as reform the Police Department and address pay and pensions. They do not want to. But whether they want to or not, consolidation of public safety departments is in the wind, making the Angler’s Club meet its obligations as reasonable members of this society will happen, and curtailing losses of badly run City businesses will happen.  Happy April 13, 2009.