May 4th, 2009
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1. Welcome to Flip Flops At Its New Home
We welcome Flip-Flops at its new location in the old Shell Restaurant site at the out-lot on the Publix shopping Center on third street. They will operate it as a restaurant and as an upscale cocktail lounge we are told. We drove by a few times this week and their parking lot was full both at lunch and dinner. Luckily for them they have the Publix’s lot behind them. We wish them well.
2. Butchering the Date Palms
While Parks and Recreation was trying to get the Date Palms along Indian Harbor properly trimmed, the Utilities Commission sent a butcher’s crew out and gave them a hurricane cut. It will be several years before these trees properly grow out. Maybe the City should make the UC pay for the damage.
“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
4/29/2009, 2:17 pm
Pocket Parks
The street ends are left from the days before beach was connected to the mainland by bridges. It was a place where you left your rowboat. It provided access to the interior lots. Everyone in town had a rowboat tied up somewhere along the river and it was what you used to go out in the river to catch your dinner. The city street ends are dedicated public streets and the city cannot legally turn them into parks without the adjacent property owners' permission. The only way to turn a street end into a park is to vacate the right of way. This gives the adjacent property owners the former street. That the city should do is allow the people with the beachside interior lots to build a little dock on the street ends so they can have a place to keep a boat. We could have 4 or 5 slips per street and the city could rent them out and make money. At the end of the dock there could be a fishing platform. The city commission will never let this happen because it cares more about the rich riverfront property owners then the white trash that cannot afford a riverfront home. The city commission cares so much about the rich riverfront property owners that every time a black man tries to go fishing on the beachside the city commission sends the police officer out to run him off so the rich beachside property owners do not have to look out their window and see a black man fishing.
4/28/2009, 9:21 am
We won--it’s off the agenda!
The question is not whether we should give the city clerk a 10% raise, a $1,950 year car allowance and a $27,500 golden parachute, the question is why do we have a city clerk? The job is left over from before the city had a city manager and finance director. The city clerk used to do both jobs. Today all the city clerk does take the minutes and act as the city commissioner's secretary. The city manager prepares the agenda. The city went without a city clerk for over 15 years. Port Orange and the County have made the managers the city clerk. In these tight economic times, the city commission should give the taxpayers a break and let go the city clerk. The city should just give one of the city’s secretaries some overtime to sit through the two monthly city commission meetings and take the minutes. The city commission has two meetings a month. If you assume the meeting go five hours that is 10 hours a month. The city commission does not meet in July and has only one meeting in December. That gives you 95 hours of regular meetings. At $15.00 an hour for overtime for a city secretary, to take the minutes is just $1,425.00. A good secretary should be able to type up the minutes of a meeting in two hours. What is that another 22 hours? Another $330.00? Total cost of a city clerk should be running the city about $1,755.00 a year if you do it right. The city for the same job is going to pay $55,000 plus a third in benefits $73,000 for something that should cost less easily less than couple thousand dollars. I wonder how many $600.00 toilet seats there are in city hall. In these tough economic times, when is it going to be give the taxpayers a break day? Post new comment
4/28/2009, 1:00 pm
NIMBY
There I was just poking around the UC web site and received an understanding as to how they think. Call it more of a revelation. Can you understand the TRUE concept of this?
PREMISE/HYPOTHOSIS-A FUNDAMENTAL, UNPROVEN BELIEF OR UNDERSTANDING WHICH VALIDATED THRU ACTION AND TESTING OF THE ASSUMPTIONS OF WHICH THE BELIEF OR ASSUMPTIONS ARE BASED. Praise be the Lord!!!
If you want to REALLY read the rest go to: http://www.ucnsb.net/ftp/UC2009StrategicInit... and wear some very HIGH BOOTS!
NOTES
1. Vallejo, California, Bankruptcy Moves Along
On April 27 the Bankruptcy Judge ordered mediation by another Bankruptcy Judge of the issues between the City, on the one hand, and the IAFF and IBEW on the other:
“While the City would have preferred a ruling on the merits, it is pleased that Judge McManus chose a bankruptcy judge to serve as the mediator, rather than a labor mediator, as suggested by the unions. The City is hopeful that the mediation will lead to an agreement.” If they do not settle, the Mediator who is a Bankruptcy Judge, will make a recommendation which, almost, as a certainty, will become the Court’s ruling and that will be almost non-appealable. LINK
2. High Taxes
Our tax collections are not low. We have a huge property tax base compared to our neighbors and a low millage rate collects huge sums of money that our neighbors do not collect.
Assuming the same mileage rate but a different property tax base the math shows this hypothetically:
A.10% of $100,000,000 property tax base is $10 million; New Smyrna Beach Tax collection in 2009B.10% of $20,000,000 property tax base is $2 million; Oak Hill tax collection in 2009 ‘A’ and ‘B’ assume the same millage rate. Now ‘A’ has 5 times the money to spend. Spent unwisely by overpaying City employees, building unneeded facilities, subsidizing recreational golf courses, and not collecting either taxes and rent from City property is not a reason to raise taxes. It is wasteful spending and bad government. That is why we are spending about $325 per resident on our police department per resident and the residents of Deltona have as good or better service for under $100 per resident. Paying $88,000 to a police officer (the Union rep who demanded the 2% pay raise this year) whose job can be filled for $30,000 to $40,000 is unfair to the taxpayer. They control the spending and we throw the money away, for example, on a police force with bloated management. Cut spending, do not raise taxes.
3. Garbage burning plant at Venetian Bay
They are trying to sneak through putting a garbage burning plant at Venetian Bay. One of the promoters told the Commission at its last meeting not to get involved before this planning is complete and they have made all the key decisions. What a gas or better, what a smell. Some critics have already stated that it is too small, the wrong design, will not lower rates because its operation is too expensive, and not terribly green. With at least three days worth of garbage on site, all trucked to the site, it is certain to decrease property values at Sugar Mill and Venetian Bay. Please think positive about the mountain of garbage needed to be trucked in and stored. How about public discussions before the disaster that is the current Utilities Commission Board of Directors saddles the City with another albatross?
DEAR KHALID
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 Mackay
FROM: Khalid Resheidat
Dear Sally,
We pulled from the agenda the proposed contract with the 10% salary increase and golden parachute for the City Clerk as you instructed. We also pulled the settlement in the Alexander law suit. In the past we could sneak the contract through the budget workshops, but I think that would be a disaster this year since the taxpayers are upset and are watching. As to the law suit, why not just repeal the Ordinance since Gummey will not defend, it seems, his advice that it was valid? Please tell me what to do.
Yours truly,
Yours truly,
Khalid
What do you want the budget for? That is what the CEO of the Chamber Not For Commerce asked. Well the Chamber of Commerce Director, Steve Dennis, who lives in Edgewater, sees no reason to provide the budget for the Chamber Not for Commerce to the Shadow. It takes taxpayer dollars, for example $37,000 this year from the bed-tax people, and has gotten a grant of $382,000 from the County (Echo money) and another couple hundred thousand from the City (Community Redevelopment Agency—CRA) to fix up the City owned building that it has used free for years and not spent a dime on up-keep. O.K., so let us put this in perspective.
1. It takes and spends tax dollars. At least $37,000 of bed-tax dollars in 2009
2. It grifts a building from the taxpayers
3. Its Director does not think his organization is responsible to the Taxpayers, and that the Chamber’s budget is not a public document.
4. It has received a commitment from the County to spend $382,000 of tax money to renovate what is essentially its building and wants the City to put in another $185,000 ----all your tax money. County “grants” are your tax money just as much as the CRA money is your tax money.
He did say they filed a 990 form with the City (IRS form for non-profit business) LINK and we have a copy of its 2007 filing. We have asked for the new lease proposal for we figure $1 annually the Chamber want to negotiate. Some of the numbers do not seem to add up and we think a copy of the budget would clear up our doubts. For example, we seriously question the number of members and the number of volunteers. We doubt too whether the Chamber fared well in 2008.
The Shadow is viewing this as just one more example of tax money misspent. But our gripe pales as against what its members should have as complaints against this Chamber Not For Commerce. This organization has not taken any stands on the City tax and spend, or borrow and spend, attitude. Chamber members pay for Esther Street and Dunn Lumber overpayments more as property owners without homestead exemptions than the rest of the taxpayers and the hit on the businesses for these City purchases is direct and immediate when the City spends your tax money. Reserves and grants are tax money you paid. Mr. Dennis is Vice-Chair on the CRA Board and voted for both of these expenditures. The City Clerk responded to a Shadow request as follows:
“A review of CRA meeting minutes reveals the following per your request
1. At its meeting June 4, 2008, the CRA voted unanimously to transfer $1.325 million to the City reserve fund in order to fund parking and storm water improvements to the Esther Street property, in the event the City acquired the property.
2. At its meeting January 15, 2009, the CRA voted unanimously to acquire the Dunn Lumber property for a purchase price of $417,000.”
We think it should have complained a lot about buying these properties. It is even more outrageous that he voted with the rest of the CRA Board to pay even more than they are worth.
The Chamber’s members pay for the waste at the golf course and the losses of the water taxi boondoggle. Remember the Commission went on record and at least Hathaway stated when he voted to accept the Federal grant, Federal tax money, for the water taxi. He said that the City would not give them a nickel from City funds. The Chamber you would think would be upset that the City has now given the Marine Discovery Center a subsidy of $250,000. The Chamber should complain, you would think, when the City buys kayaks for the MDC which will then directly and unfairly compete with two businesses in the City. The Chamber’s members should be more upset than just the average taxpayer, but not a peep. To the Shadow’s knowledge, the Chamber has never suggested that something is wrong with the Utilities Commission or its management. In fact, from our perspective the Chamber has never sought fiscal responsibility from the City on any subject.
ADD “NO-FISHING” TO THE ANGLER’S CLUB SIGN
Stay on your side of the intra coastal
The phony pocket park meetings and work shops are about one thing and one thing only. Keep the black and Hispanic fisherman out of our rich white neighborhoods. Say it again. It is a bigoted reaction by a bunch of all white and bigoted owners of property Beachside. Most of them it seems want to cleanse their neighborhood of those that come over to fish off the street ends on the beachside that front the Intra Coastal. Randy apparently did not like African American’s we are told fishing off or near his sea wall. Why not just put a big sign that says “WHITES ONLY” at the corner of Flagler and Peninsula Avenues?
We know that black and Hispanic fisherman curse, drink, and urinate in the bushes. They also trash the neighborhood. Whites do not do that, but just prohibiting fishing for everybody will make it seem non-discriminatory. Well, not really. The bigoted “compromise” is prohibiting fishing in the late afternoon, evening and Sunday. Why does not the guy at Beachway just build a privacy wall along his property line.?
Now let us talk about why people fish. Those that fish off public street ends, white or any other color, are generally looking to put food on the table. They catch what they expect to eat, and leave when they catch enough for dinner. Recreational fishing is when you go out on the forty footer with your friends, spend a lot of money on gas to get out to the Gulf Stream, and enjoy the sushi you brought with you for lunch. You probably release most of what you catch.
Well, why not nail down New Smyrna Beach as a red-neck town. Ignore that someone planted palm trees in the right of way at Beachway or the pretty little grass lawns that others have planted. And then prohibit fishing. It does not make it better that these are “rich” red-necks.
ORLANDO LOOKS AT ITS
FIRE DEPARTMENT PERSONNEL PAY
Remember when our Mayor Sally Mackay asked the Fire Department personnel to “step up to the plate”. She meant, “give back some of the bloated pay, pensions, and benefits they have gotten over the last five years.” Well they did not “step up” and they are every bit as grasping as they ever were. They all took pay raises out of the reserves. Look at the W-2s below. They run the place along with the police department personnel and could not care less that they and their demands have driven us into bankruptcy.
Well the Mayor of Orlando has given the fire department personnel in Orlando directions to “step up to the plate.” But to get their attention he got out the baseball bat and told them that there will be no more overtime and that each of the high paid employee should take an $8,000 annual pay cut. He stated that he is prepared to abolish the positions of 46 of the fireman if they do not agree. Sally, why not take a ride down to Orlando and listen.
So what was the first response of the International Association of Fire Fighters (IAFF)? It is the same response they always give. “Any effort to cut expenses or our pay will result in less public safety”. The Shadow will not speak to the public safety issue in Orlando, but it is a fact that there is no difference in Volusia County among those county fire stations with two a shift (seven) and those with three to a shift (fifteen). For Volusia the first step should be to abolish those expensive “lieutenant” positions which allegedly supervise two other firemen. In reality they are nothing more than a way to boost their retirement to the over $60,000 a year bracket at age 46. When the City Commissioners vote to raise your taxes this year remember is largely because they will not cut the pay, pensions. or benefits of $80,000 plus police officers or $100,000 plus fire man.
In Port Orange last month the Fire Chief told the Mayor that he could not run his operation more efficiently and demanded to know from the Mayor why the City Council would not give his department two more fire trucks. The Shadow wonders why he is still “Chief”. But, as we said above, the fire and police department unions own these small cities in South east Volusia County so it does not surprise us that he is still employed by Port Orange. Harry Truman, where are you when we need you most?
THE JOB OF THE CITY CLERK
Revisited
We first thought of putting this article next to the jokes section because we thought it was appropriate. They pulled it off the agenda but it was first noted in a blog posted Tuesday morning.
We discussed last week that the City Clerk posted his new contract proposal on the agenda. Under the contract, as we pointed out, the proposed pay was $55,000 and a golden parachute if he gets fired for almost any reason on a three year contract. His current pay, which already includes the 2% raise this year, was shown as $49,723. We think this proposal originated in the Personnel Office to make the Clerk’s position tidier, and that Mayor Sally approved the method of determining the salary by “averaging” the bloated wages of the other clerks around the County.
We thought, however, we should analyze the position with a little more specificity than we did last week. First, this position is hold over, a relic, from the old days. Remember John Hagood. He did this job for years as a part of his regular job when he was the Assistant City Manger and then City Manager. He did it for two years also after the two Assistants left. Then this current City Commission got involved, and filled the position at a cost of more than $100,000 (salary and benefits of the first clerk they appointed). Port Orange which is almost three times the size of New Smyrna Beach does not have a City Clerk.
Second, there are no challenges in this position that require job skills not performed by a good secretary. He scans material sent to him by the other departments for the Agenda, gives it to the IT people for electronic posting and gives copies to the City Commission and other City Personnel. At the meeting he takes minutes and reproduces them. As “custodian” of City documents he keeps nothing and when requested plays “go and fetch” so that he can produce the document requested.
Third, he is treated by the City as any other City employee as witnessed that he received a 2% pay raise last October like every other employee. Since he is a Commission employee and not under the City Manager, it is argued that he needs a contract. We disagree. Moreover we are in a depression and the City is broke. What is wrong with the usual provisions for compensation of a separated employee, like, you know, severance pay if you are laid off.
Should the City pay that kind of money out when the job could be performed by a competent secretary at $35,000 a year? Think of the fifty or sixty secretaries fired by Holland & Knight or the 100 employees or so let go by the Daytona Beach News Journal. There is a pool of out of work competent employees who the Shadow believes would be happy to be the secretary to the Commission. Put it up for bid and see who applies.
So how do they conclude this pay raise and golden parachute provision is warranted? Easy, you compare it to all of the other inflated salaries being paid around the County and come up with a nice high figure. These were the inflated salaries paid, we believe, inappropriately, during the boom years and are uncalled for in a depression. Some are solely political plums. Of course the Utilities Commission calls Rodi’s secretary an Executive Administrator and pays her about $75,000 a year. This job should be posted for the salary of a good secretary and not a high paid executive. Would the City Commissioners try to remember this Country is in a depression and that they have to raise taxes, spend more reserves, borrow more money, or, try this one, cut spending. Hey what an idea! No pay raises and cut spending!
Last, did we not hear this year from these Commissioners how unfair golden parachutes were to the taxpayer? The reason they are there at all is that when you fire someone for no cause, it is hard to convince the replacement you recruit that they will keep their job. Here the predecessor clerk retired, the current clerk bid on the job at a figure lower than the other applicants, and the job market is so flat there is no where for him to go if he quits. There is no reason to offer more in the form of a juicy severance package to retain the current City Clerk. If he chooses to quit, advertise for a competent secretary.
THE COUNTY CASH MACHINE
MOVING TRAFFIC VIOLATIONS
As a public service the Shadow is printing the following letter received from Ken Taylor: April 23, 2009
THE LEGAL JUDICIAL MONEY MAKING MACHINE,
AND IT’S LEGAL
By Ken Taylor
Monday, I had the misfortune of experiencing the Volusia County legal judicial money making machine. I had to appear in court for a minor traffic infraction. In Volusia County this is a two step process unless you know you can waive the arraignment. In most other jurisdictions one appears at the appointed time, and their case is heard by a judge, magistrate, or hearing official. Not in Volusia County however. The process is refined to garner as much money as possible from the public.
Initially two deputy sheriffs usher all people having business before the court, after a security inspection, into the courtroom. After the security inspection, the lead deputy sheriff explains the procedure and introduces the Hearing Officer. The Hearing Officer then explains that he will not be taking evidence today, only pleas of guilty, not guilty, or no contest. If one chooses to plead guilty they must stand to one side and another date will be set for you to plead your case, some time in the future. That means one more day of your time. If you plead guilty, or no contest, the Hearing Officer may or may not assign you points, set a fine, and charge you $91 court costs. It appears that the minimum fine is $151 plus $91, or $242, based on your driving record, and they collect $242 about every 2-3 minutes all morning long.
It is a charade and you know before your final plea whether he will not assign points. So it cost you between $80 and $100 a point for a three point charge to keep points off your license if you plead no contest. It is not considered adjudication and you do not lose another day in court. A few, it seems, with a poorer driving record also had tacked on traffic school. Some would consider it a bribe to plead no contest under these circumstances. Others would call it a good and cheap deal. Not a bad money machine huh!
I have plenty of time so I plead not guilty. My incident occurred in a parking lot on private property and the Officer was not present. I’ll keep you informed as to the results.
