.
NOTES
1. Why fill positions that were not needed and whose incumbents added little to the reasonable functioning of the city government. Our government here in New Smyrna Beach has included a number of senior management persons that appear to be unnecessary and ineffective. Recently three of these positions became vacant. The one that seems superfluous is that of the Community Redevelopment Agency (CRA) Director who also held the position of Business Development Director. There is also a Coordinator at the CRA and seven other staff. Now looking at this from a business point of view, one would notice that the City has attracted almost no new businesses since the Business Development Director position was established. In fact, anecdotal evidence abounds that more businesses have been discouraged than brought into the City. In fact, the number of new businesses over the last few years is less than can be counted on the fingers of a one armed man. As far as the CRA is concerned, it is difficult to see why a member of their staff of professional personnel could not act as a liaison with the City staff. What is the coordinator’s job? Filling any of these positions makes no sense, and filling this position makes no sense at all.
2. We thought it was amusing that the City Manager gave the Commissioners a lesson in management and delegation at the last City Commission meeting. He identified three people to contact for specific problems him while he took three or four days off. Just so that their “emergency” questions would not go unanswered for even a fraction of a day, he told them who was temporarily in charge. It was not that his Blackberry would not work, but the idea struck us as amusing that he would tell them whom to call if they could not figure it out themselves.
1. The park on Saxon does not look overly utilized. We have not seen one car parked there. People have been to walk in, but with all due respect, it does not look well used. Perhaps the water taxi to the Inlet can be used for side trips to the park.
2. The Volusia County Tax Reform Committee should hire a bus for all of our local officials, and force them to ride with them to Tallahassee and listen to the wisdom of providing spending reductions in the next budget, rather than increasing the millage rate or establishing new taxes to make up the loss of property tax revenue. How about a bus leaving at 7 am, stopping at fast food restaurants for all meals, and returning at about 7 pm. Since they sound like the “chicken little” broken record, the Governor will not have to spend too much time listening, and he can spend more time reading the polls that report the widespread support for his spending cut proposal. He might even tell our local officials about the State program to limit take home SUVs for high paid government officials
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Letter to the Editor; News Journal Thursday, 4/26/07, 6:31 AM
"Tax Reform the people's revolt When overburdened taxpayers start asking if their tax dollars are being spent wisely or frivolously, why do elected officials at all levels, hell-bent on protecting their out-of-control spending habits, label taxpayers Public Enemy No. 1?......" HETTY DICK, Daytona Beach Shores..................... I couldn't agree more! It seems our local elected officials have declared war on the Taxpayers! And so have our City's employees. But aren't the taxpayers on the top of the City's organizational chart? This is like spitting in your boss's face! How long do you think they will keep their jobs if they keep this up? My guess is not long.
News From Tally Thursday, 4/26/07, 6:36 AM
With Gov Crist finally swinging his weight around, look for the Senate and House to cut a deal. The sales tax swap is out, a roll back to 2003-2004 is in, and so is a doubling of the Homestead Exemption, limits on future revenue growth, and portability. E-Mail your legislator.......... GET IT DONE NOW! WE NEED TAX RELIEF NOW-NOT TWO YEARS FROM NOW!
Is the trial of Mayor VANDERGRIFFT going to a "local" event? Thursday, 4/26/07, 8:58 AM if you read the Commission on Ethics web site; you'll notice that their rules allow for a "Local" trial on ethics charges. And from today's newspapers, it seems the Mayor wants a trial. So where do you think it should be held in NSB or Tallahassee? I vote for NSB-let the Mayor defend himself in front of his voters! "How the Complaint Process Works the Commission staff must forward a copy of the original sworn complaint to the accused within five days of its receipt. Any subsequent sworn amendments to the complaint also are transmitted within five days of their receipt. Once a complaint is filed, there are three procedural stages, which it goes through under the Commission's rules. The first stage is a determination of whether the allegations of the complaint are legally sufficient, that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all records relating to the complaint will become public at that time. If the complaint is found to be legally sufficient, the investigative staff of the Commission will undertake a preliminary investigation. The second stage of the Commission's proceedings involves this preliminary decision and a decision by the Commission of whether there is probable cause to believe that there has been a violation of the ethics laws. If the Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will be dismissed and will become a matter of public record. If the Commission finds probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so, whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing (trial) at which evidence is presented, or the Commission may order that such a hearing be held. Public hearings usually are held in or near the area where the alleged violation occurred."
L. Cranston Thursday, 4/26/07, 2:01 PM
NSB senior staff position salaries are at a level equal to a third tier manager in corporations. What do we get for our tax dollars? Are they responsible to maintain a reasonable staff to worker ratio? Do they save money by staying on the budget and when they under spend does the money go back to the general fund for a reduction in next years budget? When was the last money not spent dropped from the next years projected budget? Was all major equipment items in the proposed budget purchased? Why or why not? Was major equipment purchased that was not identified in the proposed budget? Why or why not? Did all contracted projects come in on time, at or below budget and constructed as per engineering design? Are the employees hired by these senior staff qualified, honest and hired at a reasonable level? The seated city manager is ultimately responsible for his senior staff operations. Mr. Hagood has been in position for only a short amount of time but has been within the system for a long time. He may have the right ideas but without support of the council, it is business as usual. The city commissioners have the responsibility of making sure all tax funds are spent for the benefit of the tax payers, the many tax payers, not the few. It is our responsibility to elect commissioners that are sensitive to public needs. Take a few minutes and answer the above. Evaluate what has gone on from the last election to now and you will have the answer of how your vote should be cast. Help Mr. Hagood get the support he deserves and help ourselves. If the senior staff can not reduce expenses, hire qualified people and follow the budget they requested the voters of NSB should be heard on Election Day. Afterwards the senior staff will hear from us all.
Anonymous
Thursday, 4/26/07, 5:10 PM
The person who should pay the mayor's legal bills should be the city attorney. Why didn't the city attorney stop him? He is sitting there. Do we have a $200,000 a year potted plant?
Tea Party anyone?
Thursday, 4/26/07, 6:20 PM
Here's an idea as Tax Reform moves forward to the local level. In an effort to grab the attention of our local officials who think they can continue their tax and spend ways; have everyone you know include a TEA BAG in their monthly utility bills; The TEA BAG is of course symbolic of the Country's first Tax Revolt; the Boston Tea Party. Note: Saying full tea bags could be bulky enough to harm its equipment and create security scares by leaking brown residue, the Postal Service says consumers can get their point across by tucking an empty tea bag inside their monthly bill. "It's absolutely legal for people to mail a tea bag," said David Colen, a postal inspector and spokesman for the Chicago division of the U.S. Postal Inspection Service, a law-enforcement arm of the agency.
New City Buildings on Hold?
Thursday, 4/26/07, 6:35 PM
If they aren't going to build the Fire house and Police Station, what are they going to do with our bond money? Pay off the bonds and lower our taxes? Or spend it on "other things" like salary increases and pension plans for city employees?
Disgusted Friday, 4/27/07, 4:55 AM
We need to have a total clean sweep of all our elected NSB officials right now. They are continuing to tax us into oblivion. Shame on them all. The two newest Commissioners are also a big disappointment, as we were all looking for reform. Read our lips, less taxes and less spending, stop wasting our hard earned money.
Anonymous
Friday, 4/27/07, 5:06 AM
If VANDERGRIFFT wins his case, WE taxpayers pay HIS bill. If VANDERGRIFFT loses, HE pays all costs. If he loses, we need to watch for the city trying to sneak through the payment.
We'll pick the dozen.
We'll make it a dirty dozen.
Friday, 4/27/07, 7:25 AM
Elected officials and employees are planning public relation "scare" campaigns about crime and cutting city services. Nobody cares! They'll waste time and money to explore cutting anything and anybody except numero "uno". We wont buy it! We anticipate every suggested cut and bad move they'll make. They'll gaze down the totem pole instead of the mirror. The necessary cuts are simply themselves.
DEAR JOHN
We know of the limited resources available to John Hagood, the City Manager, and to his inability to get all of the important letters written that he would like to send. So we decided to help him and provide him drafts that will simplify his tasks and free him up for important work
.
Morgan B. Gilreath Jr.
Volusia County Property Appraiser
123 W. Indiana Ave
Room 102
DeLand, FL 32720
Dear Morgan:
I am pleased to inform you that the City Commission has directed me to request that you reappraise the Angler's Yacht Club property leased from the city, in light of fact that property values have significantly increased since 1941, and that by our estimate, the city is losing about $20,000 per year in taxes.
Thank you for your assistance in this matter,
John Hagood
City Manager, City of New Smyrna Beach
Administrative Office Building
120 North Causeway
New Smyrna Beach, FL 32168-9985
COUNTY TAX PITCH
The County leaders are in Tallahassee this week to convince the Governor and the Legislature that the sky will fall if any of the proposed limitations on taxing and spending are enacted. The main pitch is they did 100% rollback, but it is interesting that Mr. Dinneen, the County Manager, did not discuss the Mosquito Control District, Library, Lighting Districts, and Fire Districts when he discussed what the County Council did when it “rolled back” only the property taxes it admitted controlling. It rolled back none of the above even though it sets the rate for each of them. The fact is that County Council did not do complete rollbacks on these money buckets. And we bet that Mr. Dinneen will or did not tell the Governor that they had more additional taxes from the indirect tax spigots ($38 million more if we remember correctly), and that they spent every nickel of the indirect tax money. They like to call it indirect revenue, but you know better. It all comes out of your pocket. Say it again. It all comes out of your pocket, including the Federal grants that they wheedle out of Washington.
The truth of the matter is that we are not the most heavily taxed State in the United States. Nor, since we do not have a graduated income tax, are we the fairest taxing of most states. The major dispute is not that we are over taxed, it is that that they have weighted the property and related taxes on property such as the lighting and fire districts unfairly, and that the abuses in spending and lack of fiscal responsibility has become evident. Our government has grown, but little benefit to the public is perceived as necessary or desirable.
The Governor and Florida House of Representatives have zeroed in on what uncontrolled government growth means. Here in New Smyrna Beach just look at the departments that have added administrative and managerial layers that are almost unconscionable. Instead of one Deputy Police Chief, we have four Commanders, and the fire Department has 3 battalion chiefs and 12 lieutenants, the latter of whom, despite the claim that they are supervisors, are still in the union and definitely not part of the management. If you add a couple of parks, you need a couple of extra gardeners and grass cutters. They are affordable, but you do not need a Parks Coordinator. It is the proliferation of highly paid administrative positions that, in large part, create the need for more money. When you add expensive facilities such as, construction of new offices and buildings that add little to either public health and safety, and lavish more and more benefits on some City employees because it is easier than just saying “no,” you end up with a City that cannot afford what it has purchased. When the Golf Advisory Board said that it had a petition not to limit the pay of an employee at the golf course, no one even asked to see it. It was just easier to cave rather than find out who signed such a petition that called for the ratification of a bad and probably not legal hiring. It was definitely contrary to City Personnel policy.
So Mr. Dinneen, why not just fess up that you would rather keep the money flowing at the current rate instead of cleaning up County government by limiting the number of assistants who need an assistant. Here closer to home, instead of our Commissioners applauding the City Manager for cutting back on the high cost hiring of unneeded staff, one of them complains about not hiring them. After all, you hire a manager, one who might even have an education that you lack, and then you try to micro-manage their actions. There is no apparent recognition that it is time to put construction projects you cannot afford on hold, particularly ones you do not need. We note that dredging at the Captains Quarters might be revisited. Might, just might, mind you. Maybe they will spend just $300,000 instead of $400,000. Now that is paying attention to curtailing needless spending. It would be better if the CRA were abolished.
UTILITY BILLS
(Fuel adjustment charge facts)
According to the Utilities Commission website, Fuel and Purchased power costs are fuel costs that are passed on to the consumer at cost.
“Fuel and purchased power costs (FPPCAC) are the largest single variable expense for electric utilities, and they can vary greatly on the basis of supply and demand and other factors. Under utility regulations, these costs are passed along to customers at cost, through a charge on their bill commonly referred to as a “fuel adjustment fee.” Utilities do not profit from increased fuel and purchased power costs.” www.ucnsb.net/electric/fuel-purchasedpower.aspx.
Simply put, the Utilities Commission administers the FPPCAC by creating an over-under recovery fund for electric fuel purchases and revenues, and when the fund shows over-recovery, a credit is given the consumer. When the fund shows under-recovery, the consumer is charged to compensate for the lack of recovery. This is reviewed on a quarterly basis and adjustments are not optional. The Utilities Commission is required to make adjustments to customer billing per tariffs (1998) filed with the Public Service Commission:
“The monthly bill computed under the appropriate retail rate schedule will be increased or decreased by an amount equal to the result of multiplying the kWh used by the fuel and purchased power cost adjustment factor (FPPCAC) ‘….
…“ (f) An amount to correct for the over-recovery or under-recovery of the
actual applicable fuel costs as defined in (a), (b), 8), (d) and (e)
above, during the latest fiscal year, determined as the difference
between actual applicable fuel costs and the costs actually billed
during the same period; plus any previous over-recovery or under recovery
of actual applicable fuel costs as defined above associated
with prior period adjustments, if any;”….
As you can see on the Utilities Commission website (www.ucnsb.net), they did not raise the fuel adjustment when it should have, and experienced a short-fall of $4.7 million. This resulted in a huge adjustment of $45.29 per 1000 kWh effective December 2006, that they expected to last for at least a year. Had the Utilities Commission made the necessary adjustments when needed, the consumer would have seen small fluctuations as the cost of fuel increased and decreased. Once again, this is a good and specific example of mismanagement by the current administration. Not only has management not been able to negotiate effective power contracts, but also it has been negligent in administering its own tariffs.
PAVILION
There they go again. In a discussion last week about repairing the 40 year old seawall at Flagler Avenue and putting in the right grout mixture to reinforce the foundation where it is being scoured by the ocean, the Community Redevelopment Agency again referred to the Pavilion as a rusting structure. True, this structure is rusting because the stainless steel bolts used were a grade that does rust in a salt environment. The most expensive stainless steel does not, but the architect designated the one that does, and is usually used we are told on dock pilings where nobody cares if it rusts. Of course, few people care if it rusts here except the CRA who wants to use that as an excuse to tear it down. No mention is made that the rust does not affect the structural integrity of the Pavilion, and that they and the City have had the ability to fix this solely cosmetic problem for the last five years, if they wanted to fix it. No, they just want to spend money and tear it down. They spent $6,500 with their favorite architect firm for plans to replace the Pavilion even though the Director of Public Works has stated that the current Pavilion, which is only 6 years old, is structurally sound. Maybe they are so fixated on putting a fountain on Orange Avenue that they have trouble focusing on not spending money needlessly. By the way, the only thing Orange Avenue needs is the storm water drainage problem fixed.
They obviously do not care how they spend your money. Either they are mentally dense in a year where the taxpayers have voiced their displeasure at how little they are receiving for their tax dollars, or they simply do not care, which is worse. They should be removed from office. They are appointed by the Commissioners and are directly responsible to the Commissioners. What they say, if not countered by the elected officials, becomes the policy of those officials. They serve at their will and can be removed. Are we to believe that the elected officials who went to Tallahassee to beg the Governor not to limit their taxing and spending authority, and were told by the Governor that he had determined their spending practices bordered on the obscene, are so obtuse that they will not rein in the CRA? How do they expect the electorate to give them slack when they will not give directions to a Board that seems so out of tune with what the taxpayers are shouting at them?
About five years ago, it would have cost about $25,000 to fix the cosmetic rust, assuming that it bothered anyone. It could probably be done for less cost if City employees were used to perform the work. Nobody has asked. Why should they. They can just tear it down, have their favorite architect draw up new plans at a fancy price, and have a local contractor low bid the project with the unspoken and unwritten understanding that change orders might be written after the contract was awarded to improve the profit margin. Fanciful thinking on our part, but such things have been known to happen in Gotham City, so we figure that it could happen here as well. If the rust bothers them, have it fixed.
Here is the previous article we published on this ill advised project:
THE PAVILION ON FLAGLER
A proposal was made to the City to remove all rust from the bolts at the Pavilion, and coat them with a special material that would prevent future rust. This was made in 2002, and a few bolts were coated as a demonstration at that time. To see the results of the demonstration, go to the Pavilion entrance that used to go to the ramp (framed on both sides by handicapped parking spaces), move through it to the wood railing, turn around to face west, and look at the top bolt on the right side. It is on a curved piece of wood and is lettered. It has been there in that condition for four years. A cheap contract was let to do the rest, but the contractor did not first clean off the rust, it did not work, and he was not paid. Keep in mind, not one piece of metal is structurally unsound.
Fast forward to 2006. A new contract has been submitted to do the work correctly for $25,000, apparently by a representative of the company that developed the material on the four year old recoated bolt we suggested you look at above. As we have stated in the Vignettes and Answer to Questions, this structure, built in 2001 for $450,000, is structurally sound, has withstood at least three hurricanes in the last two years, and only has cosmetic damage---rust on the stainless bolts and nuts and rust leaching on the paint surfaces. Sand erosion under the Pavilion is an independent issue.
Now for the process in determining how to get rid of the rust. Apparently, the determination to just fix it cosmetically and spend almost nothing for the solution was hijacked at various meetings where all sorts of other issues that had been decided in 2001 were revisited. Someone did not like the railing. Someone thought the design was too elaborate. And so on and so on. The result was a proposal to tear it down, change the railing, and so on and so on. This swamp of decision making always has alligators, and a simple solution to refurbish the existing Pavilion for $25,000, essentially a maintenance issue, has become a project to spend at least an additional $175,000. If any of the Commissioners were dealing with their own money, we doubt that more than the $25,000 maintenance cost would be spent. However, this is not just City money; it is from a special fund, but a fund into which we all pay.
The solution seems quite simple. Tell the Public Works Department to let the maintenance contract to remove the rust, recoat the nuts and bolts, and paint. How simple, how elegant. Then they can all get together with their lawyer and find out whether the initial design to use 304 stainless as opposed to 316 stainless was negligence on the part of the original architect, or whether the contractor who installed them should have refused and insisted on the best grade, 316 stainless (the 316 cost is twice that of 304). Maybe either the architect or the contractor should be sent the repair bill. More likely than not, the statute of limitations has run.
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THE SHADOW IS PLEASED THAT THE CITY COMMISSION LISTENED TO THEIR CONSTITUENTS ON TUESDAY APRIL 24TH, AND DID THE RIGHT THING REGARDING THE NOVEMBER ELECTION. NOW IT IS YOUR TURN TO DO THE RIGHT THING. TALK TO YOUR FRIENDS AND NEIGHBORS AND ENCOURAGE THEM TO REGISTER TO VOTE. COME NOVEMBER WE MUST MAKE A DIFFERENCE, AND TO DO THAT YOU MUST VOTE TO ELECT THOSE CANDIDATES, AND PASS THOSE REFERENDA THAT WILL SUPPORT THE PEOPLES’ WILL. THAT IS THE AMERICAN THING TO DO!
LEGAL FEES AND THE MAYOR
Did the City attorney, once again, contact Mark Herron, the attorney hired by the Mayor to represent him in the recent case filed by the Florida State Commission on Ethics? We think it should be called the “Commission to Protect Elected Officials,” but, nevertheless, this bunch has cited him for unethical behavior and the Mayor has hired a lawyer who also happens to be the ex-chairman of this commission. Me. Herron apparently believes that he has the right to be in touch with the investigative staff even when their internal rules apparently prohibit them, but not him, from having such contact. Most agencies would admonish someone who broke the rules, like telling him or her not to call in the future, but then this is Tallahassee. The Shadow believes that Herron’s involvement is almost an assurance that the case will be dropped sometime prior to the trial, but that is just an opinion.
The more important question is who authorized the City attorney to call Lawyer Herron last time, and why did the City pay the legal fees--$2200 we believe. We do not recall a Commission vote authorizing this expenditure, and certainly not endorsing contacts that would appear to violate the rules of a State agency. We would expect the City’s insurance policy covering acts committed within the scope of his office, to pay these charges. On the other hand, if it was their responsibility to pay, the insurance company would insist on using one of their attorneys, and Mr. Herron is, no doubt, not one of them. However, we believe private acts that are alleged to further a private enrichment scheme are not covered by the City’s policy, and question why they are being paid for by the City absent a vote to do so, that might not be legally defensible as well. If he beats the charge and is not convicted, the City must cover his costs, by law. The law encourages a governmental body to advance the money to try the case. However, in the case of the UC, they voted to hang those three guys out to dry. Maybe the City Commission should consider doing the same in this case. Have they authorized advanced payment this time?
While we are discussing legal fees, the City Attorney threatened a slap suit for legal fees against a taxpayer challenging a special tax district that in his opinion omitted including a property where the Mayor and at least one other Commissioner Bill Rogers, had a financial interest. While a municipality in cases like this prohibits slap suits for legal fees, the threat has a dampening effect. If the City filed for legal fees, it would have cost the taxpayer thousands of dollars to defend against it even if he won. This represents an absolute abuse of the City’s power to threaten such suits. However, Mr. Gummey is the City’s hired legal gun and he does his best, no matter how onerous that might be. It was an unfair and improper tactic, but after all, it is the Mayor, and why must he follow the rules? Because it was the Mayor who was at risk of being found to have had an improper interest making it even more unseemly. Ask yourself why they did not ask a court to decide whether the tax district was proper rather than use their unlimited legal slush fund to beat down the opposition. By the way, that slush fund is your money, and Mr. Gummey spends about $500,000 of it a year.
COMMISSION TO PROTECT ELECTED OFFICIAL
It is unlikely that the Mayor will be convicted of the charges that have been filled by the Commission to Protect Elected Officials. Their staff, the so called prosecutorial staff, has been told to go forward, but this was the reverse of their recommendation. The defenses, just for starters, are that his vote was not crucial to the out come, that the there was no statute in place that he violated, and that merely being dishonest with the electorate in not disclosing that he was buying the property the next day is not a basis for finding ethical violations. Look, this is the same bunch that refused to investigate that several Commissioners, Frank Roberts, among others including Jeanne Deason, held a direct financial interest in a piece of property that the Commission seemed to be protecting from a tax assessment even though the man in the moon knew they were likely to benefit big time if that property was successful.
Here is how we think the reasoning at this feckless (State) Commission evolved
“We did not investigate the allegations that could have been easily proven on a specific charge and we took flack for that political accommodation, possibly also engineered by our ex-chairman, Mark Herron. He charged the City for time and calls he made to our staff, which, according to our rules, are not sanctioned in the investigative stage. Here we can cause ourselves to look better by making charges that are unlikely to result in a conviction. At the same time all of those offended taxpayers in New Smyrna Beach will feel better, Mark Herron will again be able to charge the City, and it will not cost the Mayor a nickel.”
Of Course, we could be wrong and the feckless Commission may have actually decided to do something to redeem its past failure, like:
“ Well, we made a mess out of the last complaint against this official that we should have investigated and did not, so now we will start an investigation on the issue of the preservation district and use it to get all the facts on the earlier complaint. Maybe the Governor will take the heat off us if he thinks we are actually doing our job and not just drawing a paycheck.”
You should note that the News Journal never investigated the Island Town Center deal. Nor did they even refer to this prior whitewash when it reported the current story. But we are wrong to expect them to devote attention to problems down here.
You should note that the News Journal never investigated the Island Town Center deal. Nor did they even refer to this prior whitewash when it reported the current story, and we will bet they do not refer to this as the second ethics complaint filed against the Mayor in a little over a year. However, prior experience shows we are wrong to expect them to devote attention to problems down here in Southeast Volusia.
