Traffic Infraction Devices and other Village Matters

Legislation February 28, 2013

Special Commission Meeting

I had plans to critique and write about the complete package that North Bay Village commissioned our Lobbyist Mr. Fausto Gomez to represent.  Mr. Gomez sent Manny Reyes as his representative for the North Bay Village Special Commission Meetings of February 28, 2013. Mr. Reyes described himself as Fausto Junior. Manny Reyes explained that he has been with Mr. Gomez his entire professional career.  Mr. Reyes did a superb job and explained the process and possibilities very well.  I posted each document separately for your reading pleasure. I decided to highlight some of the items that really bugged me, so here it goes!

Traffic Infraction Devices

North Bay Village commission voted against the legislation that would prohibit a local government from utilizing “RED LIGHT CAMERAS “and/or redirect additional revenues from same state (HB91) by representative Daphne Campbell. Meaning that the village commission wants the local government to be able to make the decision, which means that they favor the program. 

The North Bay Village Commission led by Mayor Connie Leon-Kreps concerns regarding the profitability of the RED LIGHT CAMERA PROGRAM was questioned by legal and Village Manager Dennis Kelly. Mr. Kelly sited that the purpose of said program was mainly safety and could not be viewed as a revenue producing program. Commissioner Jorge Gonzalez supported the Mayor’s concerns, explaining that the Mayor’s point was a valid one, pointing out that said program has two sides one side is safety and the other is financial. Now, are you ready for a kick in the teeth? Mayor Leon-Kreps asked the Financial Director Bert Wrains, “Mr. Wrains did I hear correctly that this program is costing the village $ 10,000.00 a month?”

Mr. Wrains explained: Mayor, keep in mind that this program has changed the peoples attitude and culture regarding red lights. We are currently negotiating a new contract and are on a month to month basis. Monthly costs are roughly $ 19,000.00 a month and ticket collection has dwindled to about $ 9000.00 a month thus creating a $ 10,000.00 deficit that the Village pays.  The new contract will allow for a breakeven point, until then we pay the difference.  Village Manager Dennis Kelly added, we are planning to add four more cameras and that should improve ticket collection.    

 The Commission then decided it was best to vote against rather than in favor to get rid of the RED LIGHT CAMERA “FIASCO”, sorry I mean program. Commissioner Gonzalez said at least we will have choice, imagined that “we’ll have a choice”; what choice is that? Four more cameras as we will be the “RED LIGHT CAMERA TICKET TRAP VILLAGE”; we don’t need this type of choice. Here is a thought, get rid of the cameras save $ 10,000.00 a month and stop scheming up ways to get into citizens’ pocket for their hard earned money. The RED LIGHT CAMERA PROGRAM only benefits the company that runs the program; get rid of them and save $ 10,000.00 a month.   

 I will love to see the finance report for the three years that the contract was implemented. I have the funny feeling it was a whopper of a red bill for the village!  Wake up village officials and pave the way for business to want to come to the village by offering fair and balance affordable process and you will have your revenues and a thriving community!  Your are dreaming if you think the RED LIGTH CAMERA PROGRAM will ever produce a windfall.

Open Parties

North Bay Village will monitor legislation the expands the definition 856.015, F.S., that makes it a second degree misdemeanor for a person who has control of a residence to allow an open house party to take place at such residence if any alcoholic beverage or drug is possessed or consumed at the residence by a minor. The expansion would include vacant structures and open acreage with or without a structure. (HB5 by Representative   Ray Pilon)

Commissioner Jorge Gonzalez had his thinking cap on when he pointed out that the language was not specific and definitely not clear enough. This legislation may leave an open door to prosecute innocent people. He explained that if underage squatters or trespassers were to party on an empty parcel of land without the owner’s permission or consent, that owner would be held liable. This legislation in order to go forward it would need to be clarified and properly written, Good Job Commissioner Gonzalez.

Sober Homes

North Bay Village Supports legislation that defines and establishes minimum regulatory standards for sober homes facilities and allows for more stringent local regulations of these facilities. (SB738 by Senator Jeff Clemons)

I had no idea that under the current laws a person in need of income can actually turn their houses into a halfway house for alcohol and drug rehab, thus turning into a business…This should scare North Bay Village residents, it scares me!!! This legislation cannot come fast enough!!!

Mario Garcia

March 1, 2013

Humbly Opinionating and PUTTING NORTH BAY VILLAGE FIRST

Legislation



 



authority. Extending such an option to municipalities wold allow greater flexebility
 to find unique transrtation needs.

Legislative Priorities

North Bay Village Legislative Principles

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

Treasure Island Elementary School

My sincere congratulation to all who relentlessly and tirelessly put so much effort in achieving Treasure Island Elementary School   authorization and approval as an International Baccalaureate® (IB) School...Great Job everybody!!!

 

 

Honorable Mayor Leon-Kreps North Bay Village

Honorable Mayor Connie Leon-Kreps,

In the spirit of your opening request at the beginning of every commission meeting regarding etiquette and cordiality, I find myself obligated to write this email to you.    I must admit I was hard on Mr. Dennis Kelly our Village Manager.  I can accept him correcting me or making his case in a professional manner.  In retrospect I can even understand him been angry. However, what was unacceptable and disrespectful was him calling me a liar in front of the commission and neighbors. This insult was further aggravated by the commission meeting been recorded and televised for the benefits of our residents at home.   

Mayor Connie let’s start with the fact that Mr. Kelly blocked our efforts regarding Mr. Henrik Risvang Website presentation citing that a consultant was already on board. Upon my insistence with our City Clerk Yvonne Hamilton the item was finally brought to the commission’s attention.   Ms. Hamilton is always cordially and helpful in a non bias manner. Mr. Kelly later explained at that meeting that if Mr. Risvang wanted to be part of the RFP process it may be a conflict of interest by not having a level playing field.  I am not aware of that been the case.  However, Mr. Kelly had no problems allowing Mr. Jim Crum make his presentation in front of the commission. Mr. Crum in fact will be participating in the RFP process if the commission decides on the LED screens.  This is definitely a double standard.

In regards to our interest with Clear Channel Communication, we had supplied our Village Manager through Ms. Jenice Rosado an application with the purpose in mind to reach out to them for a presentation. This was done in the interest of possibly creating a joint venture with the village for advertising and announcements.  Keeping in mind ideas that would not create a financial burden on our village, but Mr. Kelly had no problem asking the commission for $ 68,000.00 for two signs at the entrance of our village. This is an enormous difference from the original budget of $ 15,000.00. Here again, as I explained in the Business Development Board Report, Mr. Kelly cited a company was already making a presentation.  

In other matters of interest is the now illusive 2008 Marketing Plan that we have repeatedly requested. Mr. Kelly has no interest in providing us or finding such report.

Finally in the matter regarding the Village-E Mail, Madam Mayor the minutes and the way Mr. Kelly presented our request does not reflect the  intended purpose of  the Business Development Board request.  However, even the way it was written an attempt to separate the advertisement from the informative purpose was evident when you read the un-approved BDB Minutes. Regardless, any and all emails for the purpose of informing our residents generated from the BDB would have had to been approved by the commission.  Furthermore, reflection on this matter is no different then what the village is doing with the Farmer’s Market. The Village has not only subsidized with money but with non-tangible dollars in advertising and commission interest. I want the Farmers Market to succeed, however let us not hide the fact that there is favoritism in the commission’s actions.

I have communicated to Ms. Yvonne Hamilton that for our next BDB meeting to include in the agenda reviewing our purpose and how to go forward in lieu of 2/12/13 commission meeting results. Also, Madame Mayor I think we do our village a disservice by delaying the appointments to the Budget and Oversight Board.

Respectfully,

Mario Garcia

February 13, 2013

“PUTTING NORTH BAY VILLAGE FIRST”

CC:  Vice Mayor Eddie Lim

        Commissioner Wendy Duval

        Commissioner Jorge Gonzalez

        Commissioner Richard Chervony