Sunday, February 12, 2017

Hits and Misses. Well, No Hits This Time.


Two issues stand out from last Wednesday's Commission meeting.  One was a variance request, and the other was portrayals of horror over the 2016 audit that is thus far incomplete.

The variance issue was typical of those that come before the Commission.  Homeowners wanted something, they asked Planning and Zoning to approve it, P&Z refused to approve whatever it was, and the homeowners appealed the denial to the Commission.  That's the way they're all structured.

To be eligible for a variance, homeowners have to show four things, which boil down to two things.  They have to show that the requested action is in some way necessary for the proper use, advantage, and enjoyment of the property, and they have to show that whatever they want to do won't compromise their neighbors, and that their neighbors don't mind.  In this case, P&Z considered the matter, and they concluded that none of the four requirements was met.

Also in this case, a few things are worth mentioning.  The homeowner is in some respects a public celebrity.  He is a television newscaster.  A few years ago, when the then Commission honored some Village residents for military service, this resident, who had been in service earlier in this life, gave what amounted to keynote comments.  He is also, as he found a way to mention in his argument last Wednesday, an attorney (or at least he went to law school and was admitted to the Florida Bar).  He's forceful in presenting whatever he wants to present.  And for what it might also be worth, he's black.

P&Z's "case" was presented by its representative, Dan Schneiger.  According to Dan, the application was not felt to have met any of the four required criteria, so P&Z unanimously denied the request.  In addition (as is not uncommon in these disputes), P&Z disagreed with some of the applicant's assertions of the state of the wall in question, and whether, as the applicant claimed, even a seven year old child could easily walk over the four foot wall.  P&Z's conclusion was that if anyone could scale the wall, it was because dirt had been mounded up on the street side of the wall.  But even at that...

The other part of the assertion of necessity for this wall (actually, it was only an extra one foot vertical extension of the wall that was requested) was that the applicant was concerned about crime.  He cited wider-spread concerns on the parts of some Village residents that crime here was increasing.  And it should be recalled that the applicant has what is perhaps more visibility, being a kind of celebrity, than might other Village residents.

Finally, the application included letters from several nearby neighbors who said they had no problem with the applicant's increasing the height of the wall.

So this was the stand-off that led to presentation of the matter at the Commission meeting.  Commissioners clearly did not know how to proceed with this application.  In my personal opinion, they did not want to frustrate someone with the kind of community (County, TV viewership) visibility enjoyed by the applicant, and I believe they did not want to make a decision that could possibly be interpreted as racist.  So first, it was David Coviello who said he had no problem with the application, and then, it was Roxy Ross who offered a motion to approve the application.  The vote was 5-0 to approve it.  And this is against a vote of 5-0 on the part of P&Z to deny it.

In my opinion, the Commission was completely wrong to have approved this application.  P&Z (the trusted and relied-upon neighbors who devote their time, trouble, energy, and discretion to studying these matters) unanimously denied the application.  Although it seems they were wrong to conclude that the proposed work would compromise the applicant's direct neighbors (they said the application did not meet any of the requirements), the applicant very clearly did not meet any of the other three requirements.  And applications for variances must meet all four requirements.  To the extent that the applicant cited a concern about crime, even though his property was no different than anyone else's, this argument should allow all BP property owners to have walls, as high as they think would protect them.  This decision was a failure of confidence in P&Z, and a failure of leadership toward the whole neighborhood.

The second noteworthy issue from this meeting was concern about last year's audit, still not completed.  It was almost exclusively Tracy Truppman who was critical.  In fact, she was nearly searing.  She criticized the Finance Director, the former Manager, the current Manager, and the immediate past Commission (two of whose members are now her colleagues) for failure to materialize this audit.  Tracy did not offer any speculation as to how so many people all made the same failure.  She also did not propose anything new as to how to get this audit completed faster than the current Manager is already attempting to do it.

But really, completing the audit didn't seem to be Tracy's main goal.  She seemed mostly just to want to complain, to invent consequences, and to blame.  Tracy, and Will Tudor, who continues to struggle to find a place and a meaning for himself on the Commission, since there really isn't one, wanted to suggest that other fiscal decisions could now not be made, because, in their imaginations, we have no idea what is the state of our finances, and whether the Village's books can collapse under the weight of imagined fines and other punishments for a late audit, the results of which are not known.

Roxy Ross tried to point out that the Village's finances (within the context of their overpowering limitations) are actually in pretty good shape.  We have about half a million dollars more in the bank now than we did at this time last year.  But Tracy wasn't listening.  This was not the narrative that interested her.  It wasn't one she could use.  So she perseverated on her expressed dire concern.

This concern seems to have something in common with others of Tracy's concerns.  It's enough to fret and fuss and catastrophize about, but not enough to do anything about.  Other than, of course, to wait a little longer until the matter concludes itself, which is what it is doing.  It still seems that concluding things in an adaptive way is not what Tracy wants.  All she really seems to want is to demonize someone.  It does little good to demonize a former Manager who no longer works here, or a Police Chief who no longer works here, or a Commission majority she succeeded in displacing-- oh-oh, now what?  Tracy seems to be gunning for the current Manager.



9 comments:

  1. Hi Fred,
    Didn't the notice from the state says there could be sanctions that would go into effect on the 9 of March. Rox thought this could be $200,000.00 dollars.
    The issue with the audit came up at the budget hearing while you were still commissioner in June. Normally it is done in March, occasionally in Feb. This is a year later.
    Chuck is the one who gave me the dates.
    I guess the state does not care we have more money in the bank. they just want us to follow the rules.

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    1. Harvey,

      An audit was due last year. We failed to provide it on time. In some respects, we had a difficult year last year. We had disruptions, and we spent a good deal of the year in transition. Of course I was a Commissioner in June. Five of us were.

      "Could be..." "Could be..."

      None of this is at issue now. The matter will be resolved. If we have to pay a penalty, we will pay it. If our current Manager needs anything, it is the complete support and encouragement of the Commission. Raking over coals (about something in which she took no part) has no role here.

      Are you perhaps saying you're not seeing in Tracy what I'm seeing and reporting? Am I just making this up, or imagining it? Are you, on the other hand, overlooking, ignoring, or going to pains to excuse something?

      Harvey, in the context of our tragically limited finances, we're doing fine. We pay all the bills we agree to incur, we made some dramatic physical plant improvements, and we could do more for ourselves. We're lacking considerable resolve, but we can do better with the Village.

      Tracy has no business, and no excuse, carrying on as she is. Except... I said this during the campaign: the three new Commissioners have no relevant experience and no agenda. They don't know what they're doing. They have no direction except to blame people. Which is what they are doing. But all that blame, especially blaming people who either don't work here any more, or are not on the Commission, doesn't accomplish anything. Perhaps all they're trying to do-- with Tracy as the clear ringleader-- is to keep in focus the reason they asked for their neighbors' votes: the prior Commission was bad, and it must be displaced. (Well, the one of them who could be displaced must be displaced.) So they, and you, won. Now what? Make a career of casting blame? Isn't that going to get old fast? For me, it's already very, very old. I was hoping for progress and improvement, and all I'm hearing is whining and sniping. Two and four more years of this? Yikes, Harvey.

      Fred

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    2. The other tell-tale phenomenon, Harvey, is that it is becoming increasingly clear that the new Commissioners are not meeting with the Manager. They bring to Commission meetings complaints and accusations that were not first reviewed with the Manager, either to find out the current state of the matter and the facts, or to come to agreement on how to resolve any problems. We've seen this repeatedly. Tracy, more than anyone else, comes to the meetings with her guns blazing, only to find out that the matter under complaint has already been resolved, or is being resolved.

      But understanding and resolving problems is not Tracy's intention. I've said it many times, and Tracy keeps proving me right: all this is about is establishing some semblance of meaning and purpose in Commission tenures that don't have meaning and purpose. It's about seeming to have value and direction, and the value and direction are to blame other people for imperfections. As if that was substantive and satisfactory. It isn't.

      And look at it this way. Tracy promised to improve our finances in a small way, by streamlining meetings. We've never seen such protracted, and aimless, meetings as those over which Tracy lords. She "monopolizes" them. She says so herself. Do you get it, Harvey? I know you supported Tracy. And I know it was "anyone but Fred." That's OK. Just take responsibility-- even credit, if you like-- for having gotten what you asked for. And if you think it's great, acknowledge even the small "bad" that comes with what you think is "good." It's not subtle.

      Fred

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  2. I want to clarify the info on revenues mentioned by Harvey that may be withheld until the report is produced will ultimately be released. The figure mentioned is the amount collected for the entire year, so we are looking at $17 to $20K per month. The next point is that apparently there will be no funds withheld at this time. Further, because we have likely collected over 85% of the ad valorem revenues we should have approx $2,000,000 in the bank at the present time. These are estimates based on past year figures and info supplied through Dec of 2016.

    Chuck

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  3. One more point, since we are down two FT Police positions, we just hired a PW director, a budgeted position and we are also down a Rec Ctr director; I'm guessing that savings must be $40K to $50K YTD.

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  4. As once again Fred. Attack the messenger. All I did was state the facts and you did not disagree with any of them
    I see once again you do not take any credit for the audit being a year late while you were commissioner most of that time.
    Also the manager makes the the agenda.
    Chuck, Rox said the $200,000.00 figure and I took what she said.
    No monies are being withheld until the deadline of March 9th. Why would they with hold before, at less there is something you are aware of.

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    1. Harvey,

      I apologize. I had no intention of attacking you (is it yourself you consider the messenger?).
      You quoted a number of dollars. Then, Chuck commented to correct you. Now, you're saying you're really quoting Rox.

      You seem to be criticizing the prior Commission, and you pointed out I was a member of it. True, I was. So were David, Rox, Bob, and Barbara. We all failed to get the audit finished, or to get Heidi to get it finished. What was your point?

      We now have a new Manager. She was attacked, too (by Tracy), for the fact that the audit isn't finished, even though she had nothing to do with it, and she made clear she's working on it. Had Tracy, or Will, or anyone else who's complaining bothered to sit down with her to go over the issue, they would have known that, and they could have been supportive, encouraging and appreciative. Instead, Tracy comes in to the meeting, dumping all over Claude, Sharon, and those of us who were there last year. And this serves what?

      I have said it before, and I will say it again. The new Commissioners, especially Tracy, have no agenda. They don't know what they're doing. You can watch what this looks like. One result of it is exactly what we're seeing: complaining and criticizing, while offering nothing constructive.

      And I've said this before, too. Every one of us who ran last year, and including the three who won, cited as the Village's biggest problem its fiscal restrictions. What are the new Commissioners, who all agreed this was our biggest problem, doing about it?

      Fred

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  5. Hi Fred,
    Just a brief note for the record:
    - Amended minutes for P&Z's 1/3/2017 meeting (forwarded to Commission after the agenda packet was published) show that the Board's vote was not unanimous; it was 3 for / 1 against a motion to deny variance.
    - I did not offer (nor did I second) the motion for Commission to approve the variance. But I was persuaded by the 4 points articulated in support of the variance, and I did register my vote, Yes.
    To my memory, since elected in Dec. 2009 I have heard 6 variance requests; 3 requests were denied and 3 were approved. Each one brought unique circumstances and property characteristics, and I tried my best to give each request my fair consideration. You and I did not agree on at least 1 variance request when served the Commission together; you voted for, and I voted against the request. And, we moved on to the next item of business on the agenda.
    I understand that you don't agree with my decision on this one, and of course, you are entitled to an opinion. But to categorize the vote as "a failure of leadership toward the whole neighborhood"?...... extremely harsh considering the property, history and details of this variance request. IMHO

    Fred, I hope we continue to disagree.... not too often, but from time to time. Rox

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    1. Rox,

      My apologies. It was my (faulty?) memory that Dan Schneiger said the P&Z vote was unanimous. But you seem to have checked, and I didn't, so I will assume I was mistaken in what I thought I remembered Dan said.

      I'll be curious to see who made the motion on this one. I was sure it was you, because I was surprised by every part of it. But maybe again, I misremembered. Just to make a game of it, who do you recall made the motion? Don't look it up or ask. Just say who you think it was. We'll make it a bet.

      No, not every Commission vote on a disputed P&Z decision is unanimous on the Commission, and not every one even agrees with P&Z. You seem to be saying that even I have disagreed with P&Z. Could be. But I still say the property in question was not unique in any way, except maybe for the community visibility of the homeowner, and nothing about that property uniquely required a wall at all. And certainly not a higher wall than the one that was already there (that's what the homeowner reviewed; I didn't check to see if he was correct). And his argument wasn't about uniqueness of the property. It was about his assertion, which he says was shared by some others of our neighbors, that crime is more common right now than it has been at some other times. He is under the shared impression that police patrolling has been more slack lately. Even if both assertions were true, that does not create a circumstance that is unique to that property, or that should lead to an extended wall at the property. Unless, as I say, the argument is considered a fair basis for everyone in BP to have a front wall. As I hope I made explicit, I am giving only my opinion. It is different from yours, from those of your Commission colleagues, and in line with most of the P&Z members who voted on this issue. But it is not an uneducated opinion. I have been on P&Z and on the Commission, and my opinion is as valid as is anyone else's. More valid than the opinions of some/many. It just doesn't count. MHO, too.

      No, I can't bear to disagree with you other than very rarely. But yes, from time to time.

      Fred

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