Local

HIGH SPRINGS – The legality of a resolution approved Monday night, Sept. 17 by the High Springs City Commission that gave High Springs City Manager Jeri Langman 10 days notice of the commission’s intent to terminate her employment has been called into question. The termination notice was made only days after Langman was suspended with pay during the Sept. 13, 2012 special city commission meeting.

Resolution 2012-R was approved in a 3-2 vote with Commissioners Sue Weller and Scott Jamison dissenting.  Approving the measure were Mayor Dean Davis, Vice Mayor Bob Barnas and Commissioner Linda Gestrin. Jamison and Weller objected to the timing of the action, and requested that the item be voted on during a regular commission meeting instead of during the Sept. 17 meeting.

The Sept. 17 meeting agenda listed “Discuss and Consider Options Regarding the City Manager Position” and made no mention of a pre-termination resolution.  Jamison stated he didn’t think residents were properly notified of the action by the way the item was listed on the agenda.

Mayor Dean Davis disagreed citing this method as the method used with previous city manager terminations and said he had checked with City Clerk Jenny Parham prior to setting the agenda item to make sure it was properly listed. 

Also hotly discussed was Section 3.03 of the High Springs Charter which states that to remove a charter officer, “the Commission shall adopt a preliminary resolution stating reasons for the intended removal…”  No reasons were listed in the proposed resolution.

Previous High Springs City Attorney Thomas DePeter, who wrote an earlier resolution, which current City Attorney Raymond Ivey used to create Resolution 2012-R, said he had emphasized the need for reasons with an earlier commission under a particular set of circumstances, but stated that requirement may or may not apply in this situation. 

Weller requested they wait to obtain an opinion from Ivey, but Barnas read an email into the record, which he stated was from City Attorney Ivey, in which Ivey indicated the resolution was complete as written. 

Weller also suggested it would be difficult for anyone to defend themselves in a public hearing if the reasons for termination were not listed.  The resolution ultimately passed without listing reasons for Langman’s termination.

However, local attorney Linda Chapman, called the resolution into question in a telephone conversation, followed up in a Sept. 18 letter to Ivey.  In the letter Chapman stated the resolution “contains no reasons for Ms. Langman’s suspension or termination of her employment.  Therefore Ms. Langman is still the City Manager, and is on paid administrative leave, not suspension, since, once again she cannot be suspended or terminated without a proper resolution.”

Chapman cited the High Springs City Charter in her letter, which states that in order to remove a charter officer, the commission shall adopt a preliminary resolution stating reasons for the intended removal and shall offer the charter officer an opportunity for a public hearing before the commission on the matters raised by the resolution. The preliminary resolution may also suspend the charter officer from duty immediately with pay.

Chapman claims that due process was not observed and denying Langman proper notice and a hearing is a violation of her rights under the state and federal constitutions.

Chapman continued that according to City Charter, if the Commission wishes to move forward with Langman’s termination, the Commission would need to put it on an agenda for a regular city commission meeting and issue a new resolution stating the reasons for her suspension/removal from office.

High Springs has scheduled a special city commission meeting for Thursday, Sept. 20, 2012, at 6:30 p.m.  As of Wednesday, Sept. 19, related agenda topics include discussion and consideration of city manager position duties and delegation of city manager duties.  A new resolution is not listed.

In the short term, Parham was asked to be the “go-between” between the commission and the employees until an interim city manager could be found.  She agreed to do so, but has repeatedly stated her desire not to serve as interim city manager.

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DRAIN and COVER

DRAIN standing water to stop mosquitoes from multiplying.

• DRAIN: water from garbage cans, house gutters, pool covers, coolers, toys, flower pots or any other containers where sprinkler or rain water has collected.
• DISCARD: Old tires, drums, bottles, cans, pots and pans, broken appliances and other items that aren't being used.
• EMPTY and CLEAN: Birdbaths and pet's water bowls at least once or twice a week.
• PROTECT: Boats and vehicles from rain with tarps that don't accumulate water.
• MAINTAIN: The water balance (pool chemistry) of swimming pools. Empty plastic swimming pools when not in use.

COVER your skin with clothing and use mosquito repellent.

• CLOTHING: If you must be outside when mosquitoes are active, cover up. Wear shoes, socks, long pants, and long sleeves.
• REPELLENT: Apply mosquito repellent to bare skin and clothing. Always use repellents according to the label. Repellents with DEET, picaridin, oil of lemon eucalyptus, and IR3535 are effective. Use mosquito netting to protect children younger than 2 months.

COVER doors and windows with screens to keep mosquitoes out.

Keep mosquitoes out of your house. Repair broken screens on windows, doors, porches, and patios.

Other Prevention Measures

• Limit outdoor activity at when mosquitos are most active.  Avoid areas where there are a lot of mosquitoes.
• Contact your local mosquito control agency if there is a significant mosquito problem where you live or work.
• Fill in holes or dips in the ground that collect water.  Level the ground around your home so water can run off.
• Stock your ornamental water garden with mosquito-eating fish (minnows, gambusia, goldfish, or guppies).
• Always read label directions carefully for the approved usage before applying a repellent to skin.  Some repellents are not suitable for children.
• Products with concentrations of up to 30 percent DEET are generally recommended.  Other EPA-approved repellents contain picaridin, oil of lemon eucalyptus, or IR3535.  These products are generally available at local pharmacies.  Look for active ingredients to be listed on the product label.
• Apply insect repellent to exposed skin or onto clothing, but not under clothing.
• In protecting children, read label instructions to be sure the repellent is age-appropriate.  According to the CDC, mosquito repellents containing oil of lemon eucalyptus should not be used on children under the age of 3 years.  DEET is not recommended on children younger than 2 months old.
• Infants should be kept indoors or mosquito netting should be used over carriers when mosquitoes are present.
• If additional protection is necessary, apply a permethrin repellent directly to your clothing.  Again, always follow the manufacturer's directions.
• For more information, see the CDC's guidelines, or the EPA guidelines.
• For more information, contact the Alachua County Health Department at 352-334-7930.

Repellent Information

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NEWBERRY – Adopting a city budget often creates political tension as elected leaders aim to shore up funding for some departments and projects while cutting others.  This year in Newberry, that debate appears to center on how the tax burden should be distributed. 

At issue seems to be a concern by some that the City of Newberry’s electric utility customers are shouldering disproportionately more of the cost of the City’s expenditures than other property owners.

Commissioner Alena Lawson, however, says ultimately everyone pays in, even if they aren’t a City of Newberry electric customer and therefore, the way the City is funded is indeed fair.

Mayor Bill Conrad adamantly disagrees with Lawson’s assessment, noting that property tax is paid by all property owners and goes into the general fund to benefit all residents. Utility payments, on the other hand, go into a special account designated for the upkeep of the City’s utilities.

The point of contention for Conrad comes as the City transfers money from the utility fund into the City’s general fund to pay for services, much of which he says is unrelated to the delivery of the utility services.  With only about half of Newberry’s population connected into the City-owned electric utility, Conrad argues that not everyone is fairly contributing to the operation of the City.

What’s more, Conrad says, is that the more money transferred from the utility, the higher the rates paid by the City’s utility customers.  In 2008, the City transferred $900,000 out of utilities and into its general fund.  Annual transfers like that create higher rates for utility customers, Conrad argues, pointing out that in that year, the City-owned electric rates were 17 cents a kilowatt hour as compared to just 11 cents per kilowatt hour for an electric utility cooperative that also operates within the city limits of Newberry.

In Conrad’s view, the bottom line is that customers of the City-owned utility are strapped with higher financial burden to run the City than others whose contribution to fund the City comes only in the form of property taxes.

“The people who really get hurt by this are the low-income people who live in houses that aren’t well insulated. They burn a lot of electricity. They pay $500 to $600 a month in utility bills, and they should be paying a third less than that,” said Conrad.

He believes that if residents understood how the utilities contribute to the general fund, they would be clamoring to City Hall asking why they have to support the City.

Making matters worse, Conrad says, is that elected officials aim to keep property taxes low, all the while increasing City spending.  That increased spending ultimately has to be paid for by someone, and Conrad contends that it’s usually the City’s utility customer who is left holding the bag.

The half of property owners who don’t buy their utilities from the City are getting a free ride, he said, adding “There are a lot of people who think that is wrong, and I’m one of them.” Conrad is fine with a limited transfer from utilities into the City’s general fund.  He calls for around five percent as a reasonable number, but as to the 14 percent transfer anticipated in the coming fiscal year, he simply says, “I think that’s ridiculous.”

“Most people don’t know what’s going on. Most of the rate-payers don’t know they are getting hosed,” Conrad said.

Chemist Jim Stainfield does know what’s going on with the utility funds. “City utility rate payers are paying higher utilities and don’t understand where the funds are going. And what I find really offensive is, at this last budget meeting… [commissioners] added $150,000 worth of spending, which means they will have to take more out of the utility [fund] to cover it. It’s stupid.”

“Our millage rate would be much, much higher if the City was pulling from tax funds for all the budgetary needs, but the utility fund has been treated like a reserve to balance them out,” Stainfield said.

And because Florida utility providers may only supply service within a specified geographic region, customers on the City-owned utility don’t have the option of switching to the lower-cost cooperative, he said.  In Stainfield’s view, if the burden of the budget were properly distributed, there would be a higher, equal millage rate across the board.

Although Stainfield and Conrad share similar views on the use of utility fund transfers, not everyone agrees.  Commissioner Alena Lawson, in fact, says, “We have been very prudent in how we manage the taxpayers’ money.”

And Lawson said customers of the City-owned electric utility are not up in arms about transfers, adding that the profits of the utilities are being used to conduct the business of the City.

“I don’t have a problem with the transfer,” Lawson said. She doesn’t see the difference between paying a utility rate that go towards the entire City’s upkeep and paying taxes for unused services. She pays taxes for schools her now-grown children don’t attend. “That’s how you make things work.”

Moreover, Lawson notes that while customers of the electric co-operative don’t pay into the City’s electric fund, they do indeed pay into the City’s general fund by way of franchise fees and taxes collected and paid by their service provider. 

Lawson said she doesn’t agree with the argument that only customers of the City-owned utility are funding the City’s operation because, no matter who the utility provider is, funds from those utility bills ultimately make it into the City’s coffers.

To make her case, Lawson points out that the fire department has an unsustainable budget without a transfer of utility revenue to the City’s general fund. Some do want to get rid of the transfer that ultimately supports the fire department, she says, adding that in this case, a majority “doesn’t mind” taking the funds from the utility fund for a service it cherishes.

“We have certain standards in the City of Newberry,” Lawson said. “It relates to our response: our response is to the needs and the requests of the citizens. They expect that.”

After the string of hurricanes seven years ago, “the utility department responded admirably,” she said. “The citizens were telling us, ‘We love our utility department.’”

The millage rate – the amount per $1,000 that is used to calculate taxes on properties – has been rolled back from 3.85 to 3.8084.  “We have been good stewards,” Lawson said, “And I am proud of what we’ve accomplished in Newberry.”

Others, like Conrad and Stainfield, say that property tax reduction was only possible because of transfers from the City-owned electric utility.

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L-R:  Standing in front of an assortment of guitars, Leon Barrows and Gene Menet view the Music Junction as a way to share their knowledge of music with the community.

ALACHUA – Leon Barrows was born into music.

Barrows’ father is an inductee in the Music Hall of Fame, and Barrows says his whole family is musically inclined.

“We didn’t have a choice,” he said.

Seven years ago, Barrow retired from his contracting job in upstate New York and moved to Florida. He says he always dreamed of opening a music store.

In 2007, his dream became reality. He called the store Music Junction and opened a shop in High Springs.  Less than a year ago, Barrows moved Music Junction from High Springs to Alachua. That was a good decision, as Barrows says business in Alachua has been better than it was in High Springs.

“Everyone in Alachua welcomed us with open arms,” Barrows said.

Music Junction, located at 14856 on Alachua’s Main Street, sells many instruments, but Barrows also focuses on offering music lessons to members of the community.  The store offers lessons for the banjo, guitar, dobro, piano and violin. Barrows said there will soon be lessons for wind and brass instruments as well.

Music Junction’s students range in age from 4 to 92. While Barrows has students from all walks of life, he said one of the store’s primary efforts is teaching children how to play musical instruments.

“I want to teach everyone who wants to learn,” he said. “Music is really important.”

Gene Menet, a friend of Barrows, helps run Music Junction and also teaches banjo. He emphasized the importance of learning to play music.

There’s nothing like having the ability to become one with an instrument,” Menet said.

Barrows said most people find out about his store from word-of-mouth. He said he thinks it’s important to buy instruments locally and keep money circulating throughout the community.

Barrows said he loves to meet different people and mingle with Alachua residents.

“Everyone who comes through the door is my family,” he said.

The Music Junction is open Tuesday through Friday from 10 a.m. to 6 p.m. and Saturday from 10 a.m. to 4 p.m.

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The police department is represented by the Police Benevolence Association (PBA) with a new contract currently being negotiated, but the pay cut would affect all other employees.

A proposal considered earlier, but not enacted, reduced the work week to 32 hours for City Hall employees and included a higher salary cut of 6.41 percent across-the-board.  Had the 32 hour work week gone into effect, five City Hall employees would have had their salaries reduced and city services to the public would have been reduced from five to four days per week.

Commissioners funded other items using contingency account funds and fund balance to make up the difference and keep the millage rate at the current rate of 6.15.

A salary increase from the advertised $16 per hour to $18 per hour, less the 6.07 percent pay cut, for the police dispatch supervisor position was approved.  Police Chief Steve Holly added more duties to the original position description, reducing the need for another police department position.

Overtime in the water and sewer departments was reinstated as commissioners determined overtime for emergency calls would be required for those employees.

Not funded was a part-time position in the city clerk’s office at $12,100.  City Clerk Jenny Parham will rely instead on part-time help from another current employee.

Another special city commission meeting is scheduled for Thursday, Sept. 20 at 6:30 p.m.  Agenda items include consideration of a new resolution notifying the city manager of the city commission’s intent to terminate her employment, duties of the city manager position, delegation of city manager duties and further discussion of the 2012-2013 fiscal year budget.

The final opportunity for public input on the 2012-2013 fiscal year budget will be a public hearing on Thursday, Sept. 27 at 6:30 p.m.

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According to a memo sent this week by High Springs Police Department (HSPD) Chief Steve Holley, the equipment needs to be purchased to ensure “[Florida Department of Law Enforcement] compliance as well as enhanced IT capability for HSPD Communications and FDLE.”

Among the list of items being requested for funding is some $8,000 to air condition the server room and a generator for the building, a new server operating system at $3,000 and other overlay software costing thousands more.

It was not clear as of Wednesday afternoon how much of the equipment would be required if the City opted to stay with the Alachua County Combined Communications Center (CCC) operated by the sheriff’s office instead of reinstituting its own dispatch service for the police department.

High Springs City Manager Jeri Langman said the requested upgrades have come as a result of an FDLE audit of HSPD.  “Some of the requirements are additional due to having dispatch here,” Langman wrote in an email.  Still, she said, “Many of [the requested upgrades] would have been required with or without dispatch.”

On Wednesday morning, Commissioner Sue Weller, concerned about the request for additional spending, asked City Manager Jeri Langman for a description of each piece of equipment and its purpose, which items are required for communications and why those items weren’t presented when the commission approved reopening its own dispatch service.  Weller also asked specifically if any of the items were required by law or regulation and if so, that those citations be provided.

The commission is scheduled to consider the funding request at its Sept. 13 commission meeting.  In preparing to reopen the dispatch service, the commission has spent some $90,000 so far this year and has tentatively budgeted $268,000 in the 2012/13 fiscal year, which begins Oct. 1.

Funding for the dispatch has been a moving and growing target.  In a controversial and hotly contested move, the commission voted in July to reopen its own dispatch service.  That was after months of debate over whether or not it was more beneficial to stick with the CCC.

Many who have advocated cutting ties with the CCC say they don’t want to rename downtown streets to make them compliant with the countywide grid-based street naming system, as would eventually be required under the CCC agreement.

Proponents for switching to the city-operated dispatch service have also pointed to more local control and what they believe will be long term savings.  Those savings, however, seem to be fleeting.

Based on the agreement with the CCC, the cost of dispatch for High Springs is $14.75 per call, but when the City reaches a population of 6,000, that figure would rise to $24.26.  The City expects to cross that threshold in the next five years based on census projections.  Even so, to operate its own dispatch service, the annual cost eclipses those of the CCC.

Some estimates project that reopening the city’s emergency dispatch center will cost in excess of $600,000 more than sticking with the CCC over the next four years.

The total cost of an in-house emergency dispatch service is estimated at $1.3 million through September 2016.  On the other hand, sticking with the CCC would only cost an estimated $653,000 for the same time period, including a higher per call rate for the last of those four years.  Those figures don’t account for what appears to be a rising capital outlay cost for equipment, from which the City is feeling the pinch today.

What’s more is that commissioners sent a letter to Alachua County Sheriff Sadie Darnell, notifying the CCC of the City of High Springs’ intent to terminate the CCC agreement effective Oct. 1.  But as that date has drawn closer, the City has had to ask for an extension in the event the in-house dispatch center isn’t ready.

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