Humbly opinionating on North Bay Village Matters

Commission Meeting of 2-12-2013

After call to order, pledge of allegiance and roll call all the participants that made the Jr. Orange Bowl Parade possible were honored and recognized with a Certificate of Appreciation. Please go to nbvmario.blogspot.com for the details.

Mr. Fausto Gomez our Tallahassee lobbyist presented his report. North Bay Village Commission had presented 30 different items as priorities. Mr. Gomez explained that these priorities fell under 6 categories. These categories were as follows: Parks and Recreation, Water and Environment, Education, Transportation, Safety and Security and General. Presently the only thing scheduled for Tallahassee is the DOT Causeway Project for 2014-2015. The tearing down of the link fence and the addition of the pedestrian rails are not included. DOT had agreed to do it after the meeting with the state last year. However there are no guarantees.  Considering the state’s financial health I wouldn’t count on it. The rest of the priorities are going nowhere for now.

Presentation of Independent audit report for fiscal year 2011-2012-Keefe, McCullough & Co., LLP was favorable. According to the report, the financial health of the village is strong. Thanks to the leadership and hard work of our Financial Director Mr. Bert Wrains the audit went smooth and was presented in a timely manner this year.  It was reported that the results of the report meant that if the village were to find itself without revenues it would be able to run for 3.5 months.  I am hoping once the Finance and Oversight Board is off and running that this will be their first order of business to verify these numbers reported. Additionally this was a preliminary report and can change.

Business Development Board Report

Please go to the open letter addressed to Mayor Connie Leon Kreps posted at nbvmario.blogspot.com for all the details.

Youth and Education Services Board Report

Mr. Kevin Vericker expressed his concerns regarding the lack of interest in parents that have children in Treasurer Island Elementary School in joining the Parents, Teachers Association (PTA). According to the report at the last PTA meeting only one couple showed up to the meeting. Mr. Vericker got the green light from the commission to use $ 150.00 of the windfall from the donations collected for the Jr. Orange Bowl Parade. This $ 150.00 will be used to set a Clothes Line Art Display at the Farmers Market scheduled to be set at the Commission Meeting of March 4, 2013.

Planning and Zoning Board

Chairman Rey Trujillo asked the commission to reinstate the previously approved $ 50,000.00 for reviewing the Planning and Zoning codes. This budgeted money was placed on hold when the unreserved reserves came into question in 2012 by Commissioner Richard Chervony.  He pointed out that the committed unreserved reserved were dangerously low. Here is the deal, Commissioner Chervony’s observation are still correct. However, some of the current P & Z codes are antiquated while others need to be updated. This process is crucial if we are to pave the way for North Bay Village to grow. I agree with Mr. Rey Trujillo that this money should be made available for the timely and much needed review of Village Planning and Zoning Codes.

Public Safety Discussion

The Neighborhood Crime Watch Program has not dwindled down. It appears that if we have North Bay Village resident interest it may actually go forward.   

Commissioner Reports 

 I will not bore you with the details, simply summarized “NO SUBSTANCE TO REPORT”. This sentiment also applies to the Village Manager Report.  However, the only one that continues to report things that may matter to North Bay Village is Commissioner Richard Chervony. In addition, I believe that At Large Commissioner Jorge Gonzalez may be coming out of his shell.   Commissioner Gonzalez was instrumental in negotiating the legal contract for the village and he is actually paying attention to the needs of our village. Although his success was limited and the contract is still very expensive, he did the best he could under the circumstances. He also admitted been aware of the mess and ugliness by the water processing plant and Public Works building. Furthermore, he appears to take interest in the various water accesses that continue to be blocked illegally to the residents of North Bay Village.   Hopefully Commissioner Wendy Duval will  follow suit. 

Village Attorney Report

None for this meeting 

Consent Agenda matters that are self explanatory and are not removed for discussion passed unanimous 5/5. These items were as followed:

1)    The proposed Resolution will allow North Bay Village police to provide aid to the   City of Aventura when necessary.

2)    The proposed Resolution will allow participation in the City of Miami car-sharing program with the Village for one year trial period, Pilot Program (CAR2GO N.A., LLC).

3)    The proposed Resolution encourage for homes and businesses within the Village to turn off non-essential lights and appliances for an hour from 8:30pm to 9:30pm on Saturday, March 23, 2013 to show support for the environment.

Commission Action -----“No Brainer”

The propose resolution will allow the hiring of a Grant Writer. It appears that person will be Lakisha Morris. We welcome her and hope she gets right to work; 5/5. 

The proposed Resolution will authorize the engagement of Metro Equipment to connect the Pump Station at 7903 East Drive to the Village’s new westbound force main system; 5/5. 

The proposed Resolution will authorize Kimley-Horn and Associates, the Village’s professional consulting engineers, to perform construction phase services for connecting the City Hall Pump Station to the new westbound force main system;5/5. 

The proposed Resolution will approve the scope of services and compensation for SFM Services, Inc. as the landscape maintenance company for the Village…We need this new company to take care of our common areas and  cannot wait to see them in action. Our common area landscape is in despair.

The proposed Resolution will settle the case by payment of $ 1,250.00 in attorneys’ fees to avoid costly litigation in a matter where documents should have been released. This was a simple human error in the part of NBV and the 1,250.00 will put this issue to rest. Nothing is simple with our commission and this item was pulled for discussion. No wonder these meetings go on forever.  Finally it was approved 5/5, what waste of time discussing this item! Although this issue should have been investigated as Kevin Vericker pointed out in the community blog, it should have been done prior this meeting and under a different discussion. Accepting to pay should not be the closing of this issue; an investigation should take place to get to the bottom of this matter; would we ever will? Probably not! This commission does not have the courage to ask such a question.  

The proposed Resolution will amend the schedule of performance evaluations and salary increases for the Village Manger. This resolution passed 4/5 with Commissioner Richard Chervony the only NO. He has already committed to the process and was ready with an unfavorable performance evaluation. Mayor Connie Leon-Kreps voted yes but the mayor was ready as well with a grade of failing.  Vice Mayor Eddie Lim continues to hold out his performance evaluation of the Village Manager.  The only reason for this resolution is to allow the new commissioners Gonzalez and Duval sufficient time for an evaluation. If North Bay Village Manger Dennis Kelly does not work harder, pays attention and delivers what he promises, I honestly think he can lose his job.

The proposed Resolution will extend the agreement with Keefe, McCullough & Co., LPP to perform the annual financial audit for the fiscal year ending September 30, 2013. This will include quarterly reports, no argument here Vote 5/5.

The proposed Resolution will approve an agreement with Bryant Olive Miller setting terms and condition as the labor counsel. The first 140 hours at a whopping cost of $ 17,000.00 equaling at $ 121.00/ hour.  However any additional hours will be billed at $ 215.00.  Here is an after the fact idea, why it was not negotiated at $ 121.00 an hour for any additional hours? It would have seemed fair, but then again the public did not participate. It passed 4/5 Commissioner Chervony the only NO! 

The proposed Resolution will approve an agreement with Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. as the Village Attorney in the areas of general and planning & Zoning. This will cost the village $ 204,000.00 a year or $ 17,000.00 per month. This is a three year deal, but here is the kicker it can be renegotiated by either party yearly. This means that if the Village Commission and Management feel at the end of the year it was not favorable they can renegotiate.  In reality this favors Weiss Serota because it is task specific and anything additional that may come up would be billed additionally.  We are going to have to wait and see how this all turns out.

The proposed Ordinance will provide additional homestead exemption to persons who have legal or equitable title to real state with just value less than $ 250,000.00 and have maintained permanent residency for at least 25 years, who have attained the age of 65, and whose household income meets the requirement provided in Florida Statues 196.075. This was approved 5/5 and it has a minimal cost to the village. I believe our Financial Director Mr. Bert Wrains stated a little over $ 1,200.00 yearly in lost revenue.  However, it would benefit the elderly who meet the criteria and very much deserve it.

The proposed Ordinance seeks to ensure that all elected officials and board/committee members receive ethics education; passed with 5/5 votes.  It requires for four hour training on “conflict of interest and code of ethics”.  This last Tuesday February 19, 2013 the first 2 hr training was held. Mayor Connie Leon-Kreps, Vice Mayor Eddie Lim, Commissioner Chervony, City Clerk Yvonne Hamilton, and Village Manager Dennis Kelly along with six or seven board members attended.  The additional two hours training to be announce. The problem now is how the other commissioners and board members comply with the ordinance? Good idea with bad organization!

Unfinished Business and New Business was postponed to March’s meeting.  Included on this postponement were the appointments of members to the Finance and Oversight Board…The mice continued to play while the cat is away!!!     

Humbly opinionating on North Bay Village Matters....my sincere apologies if I missed any issues that may be of importance to you.  Hope to see you at the next meeting!

Mario Garcia

February 22, 2013 

Putting North Bay Village First