A Taxing Question?

The whole issue of the police and the impending cuts has been discussed and dissected by every side of the North Bay Village citizenry. If one consensus has emerged, it's that NBV'ers like the police services. It seems to be a major reason we live here.

So I'm wondering. Is there anything that would stop the city from listing the tax revenue devoted to police services specifically on our tax bills? Let's say your bill was $5,000. We know that approximately 66% of that is for the police, so the bill would read "$3300 - Public Safety Tax, $1,700 - City Services".

That way, if it were necessary to raise taxes to meet public safety expenditures, it would be very clear what the tax rate change is for.

I think it might require a change to the city charter, but that would probably be popular.

Any thoughts?


Kevin Vericker

The Mayor's House

There's been a lot of negative coverage, particularly from Francisco Alvarado of the Miami New Times, about the problems Oscar Alfonso has faced in the rebuilding of his house. For an example of the coverage, follow the link: Miami New Times on Oscar Alfonso.

Alfonso had until March 19 to submit, or rather resubmit, his building plans so the final code inspections could be done and this long simmering issue put to bed. He did so, at considerable personal expense.

Before we go a lot further, the story of his house with its erratic code history has a few more elements than the media have covered. Alfonso has for some time stated that he filed the correct building plans back in 2000. The city has been unable to locate them. As a solution, Alfonso has had to refile these in order to get the job finished.

I found that story a little too convenient at first glance, but then two people individually have contacted me to tell me very clearly that they were working in the city offices and very specifically remember the filing, mostly because prior to accepting the plans, Alfonso had to clear some other code issues which he did. (One of those is in the comments section of a previous post.)

I didn't see the plans of course, there was no reason why I would have, but I tend believe people who are not necessarily “Friends of Oscar” when they come forward to say they witnessed it.

In the last decade, North Bay Village had to abandon the old City Hall owing to water damage and mold and Alfonso's plans were not the only ones lost. I understand a fair number were lost or destroyed during that time. Even the county ethics commission found there was a problem with the records across the board (which they seemed to want to pin on Yvonne Hamilton, a woman who loses nothing, like she controls the weather.)

It looks like this part of the mayor's tough times is coming to an end and I'm glad. It's a trivial distraction.

In the same article from the Miami New Times, there are references to financial issues. I've said it before and I'll repeat it, the financial stuff is none of my business or yours insofar as it does not affect the performance of the office of the mayor. Now, whether it is a matter for the electorate in November is another question and a valid one. That's the right time to decide who you want in that seat.

Reminder on comments: if you don't sign it, it doesn't get published.

Kevin Vericker

From the Herald on the Mayor's House

This is a very short post to call attention to the article in today's Miami Herald about Oscar Alfonso's issues with his house. Check the link at North Bay Village Mayor turns in controversial home plans
.

There will be a lot more to follow on this.

Kevin Vericker

Herald Writes About Police Cuts

Today's article in the Miami Herald (3/26/2010) is a pretty solid overview of the need for cuts in the Police Department. Click here for the article.

While the arguing is going on between the unions, while the commission ignores legal advice and engages in expensive lawsuits, while citizens are involved in who's popular and who's not, the money is drying up. I'm actually shocked that all these self-described concerned citizens don't show up at the budget meetings. Do they think money comes from a magic tree or something?

Kevin Vericker

Couple of Things

Tara Solomon, Media Personality and the Queen of South Beach night life, works here in North Bay Village, when she's not out being all glamorous. She is getting married (finally!) and has entered in a contest called Ultimate Weddings and needs votes at the website. Here is the link Crate and Barrel Ultimate Wedding Contest.

New Comment Policy - At the beginning, I strongly discouraged anonymous comments. I don't like them and it's my blog. I have posted some, but deleted most. The comments I have received anonymously broadly fall into three categories:

1.) Personal attacks on me or people perceived to be my friends. I imagine the commenter feels like she got off a good one but I would remind "anonymous on north bay island" that faggot has two "g's", unless it was your intention to call me a woodwind instrument in Italian. Seriously, it's not on. Often, these commenters pose as cops but since they have the same poor spelling consistent with some of our noisier "activists", I don't believe that.

2.) Elaborate conspiracy theories. I got one yesterday that creates a whole narrative about the FOP, the City Manager, the Mayor, the Code process and offers not one fact or shred of proof. If it wasn't anonymous, I would have published it but it is and so it gets deleted.

3.) People who love the blog. Well, I would actually like to publish those but it doesn't seem fair.

So let's review, to get your comment accepted, it must at a minimum have your Google Account, or your name (full name). If your comment is merely malicious or if you are attempting to prove something but provide no backup, it will be deleted anyway.

For special circumstances: if you have something you want to share, and you don't want your name published, the email is NBVRBC@GMAIL.COM. I won't promise that I will publish it but I do promise not to share your name and contact, unless you are reporting a crime etc.

Finally, someone has been cutting and pasting my posts to LEOAFFAIRS.COM. I don't mind my stuff being republished but proper Internet etiquette is to include the link to the original. I won't engage at LEOAFFAIRS as I don't like the way the discussions go, lot of nasty stuff, but I will continue to monitor it and will report copied posts that don't contain the blog address.

Kevin Vericker

Code Compliance

For those of you who are not marginally employed as I am, or "funemployed" as I like to call it, you probably don't get too much of a chance to walk the streets of North Bay Village. I do. I like to get out of the house and get some air and sun and clear my thoughts. You can't walk Treasure Island without noticing the unevenness of the code compliance from add-ons to multiple cars stored on a lawn to landscaping overgrown on the sidewalk.

If you have been involved with commission meetings, there are always several resolutions about code or code variances and Good & Welfare, the open forum, always has comments about code enforcement or lack of in North Bay Village.

For several years now, there has been effectively no code enforcement here in North Bay Village. The laws are on the books but there has been little activity in ensuring compliance.

The city has finally filled the position of Code Enforcement Officer, and in a unique way. Officer Gus Cruz of the North Bay Village Police Department has been assigned permanently to Code Enforcement, a creative solution since it had the benefit of reducing police headcount, while putting a sworn officer with a long background in community policing in charge of the community compliance effort.

Cruz is full time now and I took advantage of him and the fine weather today to walk around Treasure Island, not to point out code violations but to get a sense of how he sees his position. It was a great conversation. He's an engaging guy with a young man's enthusiasm for doing the job but not so young that he doesn't understand that code compliance is more than just the exercise of authority.

The overall goal is clear - get North Bay Village back on track and Cruz is starting this with a three pronged approach.

Education: - using the philosophy of community policing, the fundamental belief is that most failure to comply comes from ignorance of the violation. People do want to comply but may not know the rules or how they apply. Citizens may not understand how their decisions affect their neighbors.

Towards that end, Cruz is planning a series of workshops or presentations in early summer with the residents to review the "Top 10" code violations, what they are, why they are and what can be done about them. An educated populace is an invested populace.

Code Modernization - Building codes are an elaborate combination of state, county and local regulations. These codes have grown organically and often conflict. Working with the city planner and the city attorney, Cruz is reviewing the code to identify areas of conflict and where clarity or practicality are lacking. These will be brought before the commission for revision, addition or deletion. This matters.

(Side note: Cool site WWW.MUNICODE.COM which has all municipal codes nationwide for free.)

Enforcement - There is a special magistrate in place ready and able to hear the complaints and issue decisions on code violations. This was a crucial missing element in our code compliance and when other efforts fail, these will be brought forward.

If you want to talk to Gus Cruz, his phone number is 786 566-1398 or you can email him at gcruz@nbvillage.com or click here if your browser allows you to send emails directly. Gus Cruz

Kevin Vericker

Burning Platforms

The "Burning Platform" story is used in every sales and lobbying training I have ever attended. It may not even be true but the story is that a man was working on an offshore oil platform in the North Sea off the coast of Scotland when there was an explosion. He was surrounded by fire and his only choice was to jump into the cold waters and hope to be picked up before hypothermia set in. He jumped and was rescued in time.

When praised for his courageous risk taking, he replied, "What choice did I have? The burning platform meant certain death. The water meant possible death. It was the only rational choice."

The idea then in the art of persuasion is to create a burning platform, where the person you are talking to has no choice but take a risky action.

That's what we saw last week. By calling an emergency meeting in response to Chief Pandolfi's resignation, two of the commission members were trying to create a burning platform, presenting the situation as though there were a grave emergency requiring radical commission action.

There was no emergency and there is not an emergency today. The city is functioning, people are going to work, the police are on the job. Nothing changed.

Frank Rodriguez recognized the lack of an emergency and (in my view) correctly moved to postpone discussion of the status of the City Manager until the April commission meeting. Oscar Alfonso agreed and Dr. Paul Vogel agreed as well.

This doesn't mean the subject is closed or permanently off the table, but rather that the Commission and the citizens have time to consider the right next steps and not formulate some knee jerk response.

Cooler heads prevailed.

Kevin Vericker

Agenda Item Postponed

The Commission voted 3-2 tonight to postpone the discussion of the City Manager to the regular April commission meeting.

The motion, introduced by Frank Rodriguez and seconded by Oscar Alfonso, was based on the concern that by holding the meeting on Friday at sundown, observant Jewish citizens were unable to participate.

Frank Rodriguez, Oscar Alfonso and Dr. Paul Vogel voted to postpone.

George Kane and Rey Trujillo voted no on the motion.

Kevin Vericker

An Emergency?

No grave harm would befall North Bay Village if the Commission discussion of the police chief's resignation were held at the regular commission meeting, or even if a special meeting were called with more than two days notice. Nothing bad would happen. In fact, some good would happen.

There would be time to understand the full implications for the citizens.

There would be time to understand what happens next with the budget and the negotiations.

There would be time for the citizens to get involved.

Oh, wait, those are the bad things. You see, if they happened that way, civil and civilized, the real goal, fire the city manager and embarrass Oscar Alfonso at all costs, might not be met. And the belief is that by creating this drama and a faux emergency, it can all happen so quickly that people haven't time to react.

I'll be there on Friday night. I know other people will. I hope there's a huge turnout.

One person who probably won't be is Matt Schwartz. And that sounds like it was part of the plan. The meeting was set up for a time when the principal person in the discussion could not be available.

That's how they run trials in communist countries, right?

Kevin Vericker

The Police Chief Resigned Today

Roland Pandolfi resigned today. His reasons have not been made public. This has set off a predictable feeding frenzy and the people who would bring the city back to the bad old days smell blood.

In fact, there is a rumor that there will be an emergency commission meeting on Friday to discuss the situation, which is being treated as a crisis. I saw an agenda for Friday, March 19, at 7 PM, Treasure Island School.

This is a really good time to take a deep breath.

First of all, the Chief resigned. Not got fired but chose to make a career decision and we should respect that.

Now the CFD is screaming that he was forced to go and that the CM should, you guessed it, be fired. The Citizens for Full Disclosure, a group that sends anonymous emails, provide no support for their assertion but they never do, full disclosure being a one way concept for them.

Secondly, a meeting on Friday night at 7 PM is a bad idea. The Sabbath starts at 7:29 PM on Friday March 19, 2010 and this precludes observant citizens from attending.

Is this such an emergency it needs to happen this week? Next Tuesday or Thursday would be just fine.

Third, it's not even posted on the City Web Site as of March 17, 2010 at 4:09 PM. Surely if the situation is so grave, a web site update would be a good idea.

Commissioners, breathe. Set up the meeting if you really feel this is an emergency but notify the citizens and hold it on a proper day, one where your constituents can attend. We look to you for leadership at this time, not knee jerk reactions.

Kevin Vericker

Argumentum ad Ignorantiam (Code Enforcement)

See, that Humanities degree did not go to waste! Argumentum ad ignorantiam is Latin for an "Argument from Ignorance", the classic logical mistake of attempting to prove something by demanding proof that something doesn't exist.

Since today is St. Patrick's Day, I'll offer the following argument.

You can't prove that leprechauns don't exist, therefore they must exist. See the error?

This seems to be the defense offered by the mayor in the Miami Herald article about his house and coding issues. Click here for the article. Alfonso says that he filed the papers but they got lost. Maybe it did happen that way. According to the article " The Miami-Dade County Commission on Ethics and Public Trust ... did find ``a pattern of poor record keeping,'' claiming that City Clerk Yvonne Hamilton was unable to produce requested information to investigators."

The implication here is that Yvonne Hamilton did not produce the documents owing to poor record keeping, but the far more likely explanation is that the documents did not exist at all, making it impossible to produce them. [In response to the comment below, I want to make it really clear that I don't think for a minute that Ms. Hamilton "lost" or held back the documents. I don't think they were there.] Certainly, that's the simple explanation and as any humanities major can tell you, the simplest explanation is likely the true one. At this point, the onus is on the mayor to produce proof that he filed the required paperwork and that does not seem to be happening.

Code enforcement is a huge issue here from monster McMansions arising on South Treasure Drive that certainly violate the spirit of the code if not the actual law, to overgrown hedges forcing pedestrians to walk in the street, to cars parked on lawns, to additions tacked on without code approval or inspections. It's the next hot issue.

These laws exist for a reason. Partly for the aesthetics but importantly for the safety of the city. If your second story is unsafe, it is not just you at risk. Your neighbors are at risk if it blows off in a hurricane. If your hedges intrude on the sidewalk and make it impassable, pedestrians who include kids, old people and in our town, a Jewish community who must walk on Sabbath to attend services, are forced into the street.

The city is paying attention to the code enforcement. Gus Cruz has started as our Code Enforcement Officer. I met him last night for the first time. He seems like a nice guy. I am hoping he can be a tough one too because it's going to be tough sell from the top down.

Kevin Vericker

Politics, Class and Reality

The Commission Meeting on Tuesday, March 9, was so different than I had expected it to be. I had heard and repeated the rumors that the city manager was to be fired, an outcome I believe would have disastrous for us, and it didn't happen. Two commissioners did express their strong viewpoints that the CM needed a different approach with the PD and this is what we expect from commissioners. I don't agree with them on this subject, but their criticism was clear and fairly stated. This is how it is supposed to work.

In the past, Good & Welfare, the opportunity for citizens to pose questions and state opinions, has turned into a scream fest, with the CM taking most of the heat. The shouters have managed to create the appearance that they stand for the citizenry when they don't. This meeting was different, strikingly so, and I want to cover the high and the low points.

High Points -

Luis Torrego, who is not shy about his opinions, discussed the uncomfortable reality that to maintain police services, taxes may have to rise. This is not a popular view but Luis stated his position well and forcefully. Luis also makes no secret that he believes the park was a waste of money and often says so, rationally and without getting nasty.

Bob Fleischman, former commissioner, took the commission to task for zoning issues and problems. No doubt about his concerns and he laid his reasoning out well.

A gentleman whose name I forget, but he is a well dressed, well presented, resident originally from Michigan I believe, criticized the lack of code enforcement in the city and provided specific examples. He is a strong advocate for code enforcement and a civil voice demanding to be heard.

Nancy Sonnett-Selwyn, a lifelong resident wins the Classy Lady Award by not responding to the scurrilous, gratuitous personal attack by Fane Lozman. (More about that below.)

A resident of South Treasure Drive, (Jeanette? I didn't note the name.) spoke about a coding nightmare next door, a huge house rising on So. Treasure Drive and an intrusive dock which it turned out never got the right commission approval. She was clearly wronged and passionate but never insulting.

And there were a group speaking in defense of the Matthew Schwartz. I was one, Jean Pankey, Ann Bakst and Nancy Sonnett-Selwyn each spoke about the value we believe Schwartz has brought to the city, trying hard to make it not about the city manager personally because a good guy is nice to know but we need a hard nosed pro to manage us through and I'm pretty proud of how that went.

This is how discussions are supposed to go, vigorous, differing viewpoints (I've grown to like the park, I hope Jeanette (?) gets satisfaction as the commission did her wrong and think the city is finally taking the right actions on code enforcement) combining facts, reasoning and even emotions.

Midpoint -

I know I said High and Low points, but this one kind of deserves its own category. Doris Hurst spoke passionately about her concerns regarding the negative publicity about Oscar Alfonso's personal situation. Now I believe firmly that Alfonso's personal business is just that, personal, and I have not seen how Oscar's alleged personal problems have caused any disruption to his official position.

Ms. Hurst does not agree and once something is in the press like this is, it's a fair subject. She could have even gotten a "high point" if she had not demanded a debate. There are governing rules to the commission meetings and one is that the commission can choose to listen and not respond immediately.

Low Points -

The FOP was a disgrace to union members and their own uniforms on Tuesday. Their spokesman and their members were way out of line.

They have no right to come to our city and tell us to fire the city manager. None. The threats were thuggish, crude and out of line.

How are the final arbiters, the citizens, supposed to react when confronted by our own police force with a demand to change our government? There is never a time or a place for a police junta in America.

Let's be real clear. The Florida Constitution, the State Laws and the city historically and correctly protect the right of police to form and be represented by unions. We may not like the particular choice but no government has the right to arbitrarily dissolve or interfere with the duly elected union, in this case the FOP. Neither does that union have right to overrule the political will of the citizens and demand that the city government follow its dictates.

And for the hysterical commenters to follow, I will answer you in advance. All the whining about how the city protects the PBA but attacks the FOP, and the fey concern that Matthew Schwartz may have used foul language in a discussion with a cop who has apparently never heard foul language before, save it.

I am not talking about issues here, nor were the FOP. I am talking about behavior. And the FOP's behavior was neither right nor righteous.

Fane Lozman - Fane disagreed with my defense of the CM and said that I would have a different opinion of the CM if what happened to Fane, happened to me. Then Fane launched into the usual recitation of his perceived persecution by Matthew Schwartz. NBV'ers are accustomed to these rants and even after several of them, I'm still not sure what his complaint is.

Then he took the low road. He attacked another resident, citing as his source a now deceased commissioner, over a 30 year old rumor about her private life, a subject that is not and never should be part of a commission meeting. She did not respond nor was she intimidated by this but that was low. Lozman is a former marine who seems to have forgotten the rules of conduct.

Fane increasingly bizarre refusal to state where he lives, his misspelled web rants (Schwartz is not a "slimster". That's not even a word.) and his apparent attempt to have a "Harper Valley PTA" moment in front of the city Tuesday, are sad when they are not malicious. But sad, bizarre or malicious, it is clear that his purpose is to disrupt and destroy. We can't let this happen.

What's next? -

There's a lot to face in this city.

The revenues are coming in at less than 24% of last year and we are in new territory regarding the financial freefall. It's going to be hard.

My opinion is that the FOP is not going to negotiate in good faith based on their performances at the meetings and some tough police decisions will have to be made.

Code enforcement is lax to nonexistent. I hope the permanent code officer will begin to fix this.

Two of the commissioners are moving closer to firing the CM. I hope these guys can work this out. We need unity, not a circular firing squad.

An election is coming up and I hope that the issues are laid out strongly, clearly and without the personal malice that has permeated the discussion.

The highest point of this week was the commission meeting, dominated for once by people concerned with the issues. I think even the commissioners noted the difference. Please, let's keep going and speaking and arguing. It's not our city or their city and certainly not the FOP's city, it's all of ours and it's time to own it.

Kevin Vericker

Last Night's Meeting

This is going to be a short post for personal reasons. Well, a good one, I'm in Key West for two days.

Short version:

The Commission did not fire the City Manager. This was the right move on their part.

The Commission took the first steps towards creating a Citizen's Advisory Board on Police Matters modeled after the Budget group. This is a good thing in my view. Much more has to be done quickly and probably that will be my next post.

Fane Lozman hit a new low at the meeting when he went after someone who had not even spoken by bringing up a not very scandalous rumor from 30 years ago supposedly confided to Fane by a late commissioner. It was, well, sad in a way.

The FOP threatened the city again. I hate that. Look, if you're going to be the union of choice, quit acting like thugs. Remember and respect your uniform.

There's a lot more to say, and you know I will but for today, I am glad the city is on the right course.

Special note on some comments. I have received a series (three in all today) of new comments. As you know, I am holding back comments for review. These comments express a very different point of view from mine, and I really wish they weren't anonymous, but I am posting them. They are under yesterday's post and I will want to discuss them further. In the meantime, check them out. They are worth reading.

Kevin Vericker

The Government Structure In North Bay Village

Some comments I have received about the City Manager:

"[The CM]... needs to stay out of the Police business, let the Chief handle that. Yes, while it is true that the City Manager has power/authority over the entire Police Department, he should not be exercising it, that is what the Chief should be doing."

and from LEOAFFAIRS.COM:

"First, get a City Manager in here that wants to MANAGE THE CITY NOT THE POLICE DEPARTMENT. Let the Chief run the Police Department without interference from the Manager."

(Separate note: I urge you to read the full post at the LEOAFFAIRS by "It wasn't me on 03/08/10 15:29:35" for a layout of the reasoning. I disagree with the CM part but this is a well laid out argument and one that I hope to address in future postings)

This is the core of the current argument about the City Manager. The City Manager should not involve himself in the Police Department.

That's wrong.

North Bay Village has a "council-manager" form of government, as do almost all municipalities and counties in Florida. This type of government puts all the administrative and executive power under the city manager while the council (commission) retains the political power.

The Commission hires and fires the City Manager. In turn the City Manager runs the city, each department including the police. This means that by charter, law and custom, the police department is the CM's responsibility. If the CM neglects the police, he is derelict.

Now, the government structure is not what the argument is about. The argument is about the decisions the City Manager has made as regards the PD.

The most controversial is a disagreement between the Chief and the CM over the right course of disciplinary action against several police members. This is like any other organization. The boss has the right to step in.

Now since the CM is a different kind of boss, the citizens have the right to question the decision, but insisting that the City Manager not deal with the police is counter to our form of government. If that needs to change, there are processes.

Rumors are flying that the CM and the City Attorney are at risk tonight.

We have enough trouble right now and we need the steady hand as our revenues decline even further. Let the CM do his job. There is a proposal tonight on the agenda to deal with the police. Don't let's make a short sighted move to appease a few and let the city down.

Kevin Vericker

Rumors and Conspiracies

There's a new rumor going around regarding Matt Schwartz and the police. Here is a quote from the police bulletin board

1- Get Commish Frank to threaten the City Manager that he will vote with Commish Kane & Commish Ray and fire him IF he doesn't fire the Chief by Tuesday
2- Roland will cower and resign
3- Put ... in as Acting Puppet ( I mean Chief) till things quiet down a bit.
4- Get ... in as Chief before next election
5- The City Attorney gets PBA support for replacing Pluto as the ninth planet
Ain't happening! The Chief will never resign and the City Manager knows if he does fire the Chief, he's gone 10 sec later. So the Chief called your bluff and your still stuck with them both..Did you bother to tell Matt that this was a bluff from the begining, or did he really think Commish Frank would pull the trigger.

LEO Affairs Here

Now since LEO Affairs is a place for anonymous postings like the above: slanderous, poorly written and personal, I wouldn't normally repeat their stuff but this rumor is one I have heard before and from others.

True or not, I am very concerned that next week's commission meeting will be a repeat of last year when George Kane introduced a resolution to fire Schwartz over the police matters and I believe it's set to happen again.

Look, we can't afford to lose Matt. Like him or not, agree with him or not, he has brought a level of transparency to the city government that we never had before. He's brought in almost $11 million bucks that came right off our bond indebtedness and is aggressively looking to involve the community in getting the police situation fixed. I am very afraid that next week will be the end of that and we will be back to the same old crap and the city will choke.

Please pass this along to anyone and everyone you think might be concerned with this situation. Urge them to attend the commission meeting on Tuesday March 9 and not allow the city to be dragged back to the bad old days.

Kevin Vericker

North Bay Village Is Now a Red Light District

You knew I was referring to the cameras, right?

After an initial false start, the red light camera program is in effect today, March 1, 2010.

In the last post, the subject of the legality, specifically about how the infraction witnessed was raised. I spoke today with Lt. McVay of the NBVPD and it's pretty straightforward.

The Process: - At several intersections on the Causeway, cameras are activated when the light turns red. Cars making a right turn or going through the intersection trigger the camera and are filmed. These video captures are reviewed by NBV police personnel and the reviewing officer determines if a violation occurred.

The owner of the car receives a violation notice, along with a web site address to review the video of the offense. If the owner of the car chooses to dispute the notice, the owner has the option of a hearing with the magistrate. The magistrate determines if the violation occurred.

The Fines: - The fine is $110 if paid within 30 days, $125 after that. If the owner of the vehicle has requested a review, the late fee is held in abeyance.

The Infraction: - This is a code infraction, not a traffic infraction, so the owner does not get points on the DMV record. It is legally similar to a parking ticket.

The Witness: - the witness is the reviewing officer. Similar to other code infractions, parking, dumping etc. video evidence is generally considered acceptable in lieu of eyewitness testimony.

NBVPD Contact: - Email Lt. Steve McVay for procedural questions or City Manager Matthew Schwartz for policy concerns.