Friday, November 7, 2014

To Be Clear about Annexation


The gathering at the Commission meeting was unexpectedly small, considering the rumblings regarding discussion of annexation and referendum.  Only a few people addressed these issues in public comments.  About half suggested that the Commission should proceed on its own.  The other half either advocated or threatened referendum.

There are two issues regarding annexation.  One is whether the Village needs money it doesn't have, and the other is whether annexation is the way to get it.  In truth, those who didn't want annexation failed to address either issue.  Their one posture was that they didn't want annexation.  No reason was given, no statement was made about Village finances (even that they think, in theory, that Village finances are plenty robust already, and there is no need to try to improve them), and no alternative to annexation was proposed.

This posture was untenable.  It was empty.  Those who adopted it made no attempt to connect their argument to reality, or even, really, to the Village.  There was nothing but a slogan: "if the Commission tries to pursue annexation, the voters will rise up to take the decision away from you."  (I'm paraphrasing.)  And replace it with......nothing.  In the interest of......nothing.  The imagined victory is not the life and health of the Village.  It is the refusal to annex, or apparently to improve Village finances in any way at all. 

The implication, and the result, are a refusal to improve the Village.  Money is nothing, except what it can buy.  The reason the Village needs more money is that it needs better medians, and streets, and other fixtures, and equipment, and ability to do post-hurricane clean-up, and improved lighting, and any of a hundred other things.  The argument against annexation, and the failure to propose anything else, is an argument against keeping the Village healthy, vibrant, well-conditioned, and able to survive.

That was the argument we heard from those who wanted to farm out the annexation decision to the residents at large.  Because the truth is, those people were counting on the public at large to do what the current Commission majority will not do: repudiate annexation.  It was never true that the sponsors and supporters of the referendum idea fundamentally care what Village residents think and want, about annexation or about anything else.  They have shown that to us repeatedly.  They have failed to solicit, or accede to, the voice of the people about a range of issues, including annexation.  Their proposal last night was disingenuous at best, and dishonest at worst.

Was it Lee Iacocca who said it?:  "Lead, follow, or get out of the way."  The path to the health and life of the Village is a path toward annexation.  It is the recognition that conventional municipalities cannot maintain finances without a diverse revenue source.  Village residents are welcome to follow the lead of those who are pursuing annexation as the best way to provide that diversity, and stability.  Or, they can present something just as good and reliable.  Or something better.  They can lead, and the rest of us will happily follow them.  They haven't done this before, and they didn't do it last night.  No, they refused to follow, and they had no direction in which to lead us.  Their graceful remaining alternative was to step back, out of the way.  They didn't do that, either.

Being an elected official is a difficult job.  It's a huge responsibility, and it involves sitting at the desk where the buck finally stops.  Most people, most good, able, and talented people, will not choose this job.  I don't blame them.  But the people who don't want this responsibility have to leave the difficult decisions to the people who are willing to accept it.  You don't get to have "authority without responsibility."

We were reminded last night of the infamous "petitions" to which Commissioners were suppose to have acceded some months ago, when the matter was sanitation.  We were suppose to have heard the voices of our neighbors, our constituents.  If they--some alleged number of them-- didn't want to outsource sanitation, we were not to do it.  But the "petitions" were frauds.  They were scams.  The one I studied had forgeries, the weight of people who didn't exist or who didn't live in BP, and the petition statement was only partially and loosely connected to reality.  The issues had not been explained to proposed signatories, and almost none of them understood them.  The document was meaningless and irrelevant.  Now, we are asked to rely again on the voice of the people, regarding annexation.  This suggestion comes from exactly the same people who were behind the anti-outsourcing sanitation effort, and the "petition."  Are they confident that Village residents are easy to manipulate and bamboozle (they've already proven that to themselves once), and they should rely on their own ability to demagogue their neighbors into rejecting annexation, too?

Not on my watch.  I have a job to do.  I asked for it, and I accepted it.  One of my friends reminded me yesterday of my campaign slogan: "For the Best We Can Be."  I had a sign made of this slogan, and I placed it in front of me, next to my name plaque, at the meeting last night.  That mantra is every bit as important as who I am.  Maybe it's more important.  The Village should be the best it can be with or without me.

In medical ethics, an important area of concern is "informed consent."  At bottom, there is an understood right to refuse treatment.  Sometimes, this decision includes a "right to die."  People can exercise a right to refuse treatment, and they can act on their right to die.  But they have to do it with their eyes wide open.  They have to understand very clearly what decision they're making, and what its consequences are.  They have to understand the alternatives, and the treatments they are choosing to forego.  They can make that choice, if they are "competent."   They can decide that what is proposed to help them is so unbearable, and offering so little chance for meaningful survival, that they would rather die of their disease than undergo attempts to treat it.  But if a patient is simply resistant, and can demonstrate no ability to think through the life-and-death matter of treatment for a probably fatal disease, the decision is not left with the patient.  Treatment will be imposed, to save the life the patient does not have the wherewithal to preserve in himself.

So it is with the Village.  Anyone who clearly recognizes and understands the problem, and who equally understands the proposed solutions, and the alternatives to accepting them, can participate in decision-making.  But anyone who does not understand the problem, who makes no attempt to understand it, whose grasp of the proposed solution is no more than rudimentary and symbolic, who offers no alternative, and who has chosen others to make the difficult decisions must allow those chosen decision-makers to decide.  Last night, two non-Commissioner Village residents argued for referendum.  Last month, when the same matter was on the Commission Agenda, it was one non-Commissioner resident.  How many people would vote against annexation, or that the matter should always be left to the residents-at-large?  Hundreds, like the "petition?"  Where are they?  What do they know?  What questions have they asked?  What have they learned?  What alternatives are they proposing?  No, this is what an elected Commission is for.  The sponsor of the referendum effort knew last year that it was a Commission decision, when she made her own Commission vote on it.  She needs to remember that now.



9 comments:

  1. The mini collection of people who are vocal opponents of annexation have not been paying attention (they like to talk but not listen). The argument against it is weak and as mentioned here, the "petition" is hardly convincing. Annexation has been discussed and debated ad nauseum over at least a dozen meetings, and is by far the best shot at a solution to our financial woes. Is it a sure thing? No. Is it the ideal thing? No. But after all this time, no other rational option has been presented, so we need to pursue it while we still can.

    To the Commission, keep up the good work... I'm very glad to see that you're acting in the best interest of the Village!

    ReplyDelete
    Replies
    1. Brian,

      Actually, I do think annexation is a "sure" solution to our fiscal problems. I don't know whether it's ideal. I don't know what else would be ideal. But since, as you point out, no one has proposed a viable alternative, or any alternative, maybe annexation is ideal.

      I forgot to say one thing about medical informed consent and competent refusal of treatment. The patient has to understand the consequence of refusing treatment. He has to acknowledge that he knows he's going to die without the treatment, but that he would rather die than deal with the consequences of the treatment. And his choice has to make sense. So, too, with the Village, and annexation. The residents who don't want it, and don't have an alternative, have to acknowledge that the Village cannot survive without annexation, or whatever alternative they didn't offer, but that they would rather see it fail than to annex. They haven't said that. So their refusal of the treatment is not competent.

      Fred

      Delete
    2. When I say the choice to refuse treatment has to make sense, I mean that if treatment will result in quadriplegia, and the patient would rather die than be quadriplegic, that might make sense. If the treatment is surgery that will leave a scar, and the patient would rather die than have a scar, that doesn't make sense.

      So we need to know why those who don't want to annex don't want to annex. They haven't told us. We would need to judge whether whatever they think are the adverse consequences of annexation are bad, and at least as bad as the Village failing.

      We're at a loss without knowing why they don't want to annex, and what they see as alternatives. In the absence of input like that, there is no reason for the current Commission not to continue the process in full confidence that it is the very best thing to do for the Village. That means confronting any other maneuver, like an effort to derail the process with a referendum.

      Fred

      Delete
    3. My opinion is that this proposed annexation area is about as "ideal" as you could wish for. Meaning, it is "outside" of our existing borders and nothing will change that.
      Why does the idea of having a larger and more diversified number of residents/voters scare this group so? Why is it that the benefits, which could be monumental, are never mentioned? Could it be simply that they perceive that larger numbers will dilute their efforts/desire for future majority control?

      I believe that we've already witnessed the fallout (from their last majority grouping) during our last elections. The top 4 candidates (based on votes) ALL favored annexation. The two candidates that were against annexation finished in last place. So, the voters and due process have already been served.

      Perhaps we should look at it in another way. Meaning, don't annex EVER but in doing so, force the liquidation of our largest expense.... our police department. While we're at it, we can save money by closing the park and possibly building homes on the ball field. These ARE options, but who would want them?

      I think the "true majority" of our residents would have a much larger issue with this than in adding to our revenue stream via annexation.

      Delete
    4. Milt,

      I had no intention of being punitive or demeaning to those who don't want to annex.

      I do think you ask a central question which has not been answered: why is annexation unwelcome to some Village residents? And you suggest what might be an answer: they're concerned about an influx of voters who do not (yet) share our culture.

      I agree that this is a potential problem. Enough new voters who do not see the "Village" as we do could alter a lot of things here. But the solution is exactly the annexation we are pursuing. If successful, it will bring in just a few potential voters, vastly fewer than live in "historic BP," or "BP proper," or "BP west," and this small number cannot, for example, outvote the rest of us to do away with our Codes, or dispense with our police, or anything. What is proposed is an extremely controlled new inclusion that benefits the Village very significantly and does not jeopardize us in any way. I'm still not sure why Brian says that the annexation proposal is not ideal. It might well be. It has upside and no downside. Is there a more ideal deal than that?

      But more to the point, we continue to be at a total loss of input regarding 1) reasons that annexation is considered undesirable, and 2) alternative ways to solve our problem. Without those two pieces of input, we cannot responsibly do anything except what we're doing: trying to annex. What anti-annexers want to do is overpower the system by having a large enough group (if it exists) of Village residents refuse to annex. If they can do it, then fine, go do it, but that doesn't solve our problem. I'm still waiting for a viable and reliable proposal that does. Lacking that, I'll fight.

      Fred

      Delete
  2. First, great blog post Fred.

    I think this particular annexation plan is a Win-Win.
    We achieve a diversified tax base, all of the properties are commercial, the two residential properties are gated and provide their own security and we take control of an area to our east providing a Biscayne Park Police presence. Further, the area from the tracks to the west side of the apartments is ideally suited for redevelopment one day.

    Lastly, I have not heard any alternatives to provide a real solution to significantly supplement our revenue from the opposing side, because there are none.


    ReplyDelete
    Replies
    1. "Lastly, I have not heard any alternatives to provide a real solution to significantly supplement our revenue from the opposing side, because there are none."

      And yet, like in the movie, some are stuck reliving Groundhog Day!

      Delete
    2. I started to watch "Groundhog Day" twice. The first time, I only got through several minutes. I didn't get how there could be a whole movie that simply replays the exact same sequence. For some reason, I watched it again, years later. There's actually a very interesting evolution, which starts slowly. By the end, the story changes, and the main character is able to break out of the routine and get to the next day.

      There has been no such evolution among those who obstruct and protest. The thing that came closest was about a year and a half ago, when some of the Commissioners who didn't want to annex a commercial tract across the tracks decided it would somehow represent the Village better, and produce the income they presumably understood we needed, if we had our very own commercial installation, right next to the log cabin. This was so backward and insubstantial that even they seemed to back away from it. So we're left with nothing but empty and rigid protest. They won't even discuss it with anyone. They move from telling us not to annex to threatening us if we don't abandon the plan.

      In "Groundhog Day," the main character tried some angles that didn't work. But he tried again with something else the next day, and each attempt was an improvement over himself. His attempts took carefully into account the needs and wishes of the woman he was trying to win. We're not seeing that here.

      Fred

      Delete
    3. Chuck,

      This is technically not a win/win. If we annex, it's a win/lose. Those who do not want to annex will lose.

      In a win/win, each side gets everything it wants. The side that wants to annex wants to improve and stabilize Village finances. The only way that side knows to do it is by annexation. The side that doesn't want to annex wants only not to annex. This side might or might not want to improve the Village and its finances. To date, we have been given no indication of the former. But if the side that doesn't want to annex can present methods whereby the side that wants to improve and stabilize Village finances can do so without annexation, then both sides get everything they want, and it's a win/win.

      As I have said repeatedly, my problem, my limitation, is that I can't think of any way to improve Village finances without annexation. This is why I need those who don't want to annex. I need them to think of things I couldn't think of. That way, I can join them, we won't annex, and everyone will be happy.

      Come to think of it, I did think of other mechanisms to improve Village finances without annexation. I suggested super high millage. Not only was that idea rejected, I couldn't even get the neighborhood to agree to tax at 10 mills. I also thought of more assessments. Likewise, there seems very little appetite for our supporting ourselves that way, either.

      So I'm out of ideas. High taxes, no. Assessments, no. Annexation, no. But that leaves us with an unsolved problem, and I don't need to leave this problem unsolved. There were no Commissioners to join me about higher taxes or about more assessments. But there were three who agreed about annexation. Lacking any other solution, I think that does it.

      Now I will say this. There is another theory that has been alluded to in a subtle way. The suggestion, which seems to come from a few people, is that we allow the Village to fail, and we assume it will be annexed itself by Miami Shores. According to the theory held by adherents, this solves all of our functional problems, and it gives us more cache than we already have. But here's the problem. We lose every bit of our autonomy. Some didn't want to give up our sanitation workers? We lose them, our police, and every other Village employee. And control over departments. We join, in theory, a municipality that already has three times as many residents as we do, so we're outvoted all the time. This is what anti-annexers feared would happen if we annexed across the tracks, even though that area has fewer voters than we do. Being annexed guarantees it. Plus, there is absolutely no indication, no reason at all to think, that Miami Shores would want to annex us. They say they wouldn't, and it would be crazy of them if they did. So the pursuit of this goal brings us to our knees, we lose everything, and we gain nothing. Most likely, it would be either North Miami that would annex us, or we would revert to unincorporated County. I can't go there.

      So we have to keep doing what we're doing. Anti-annexers have given us no alternative and no choice.

      Fred

      Delete