Thursday, April 21, 2016

Recap of Building Projects Cost Overruns

Don’t Shoot the Messenger! The messenger is NOT the problem… The Problem is The Problem.

Last night there was a Special Commission meeting to discuss the budget overruns on the two building projects. This was requested by Commissioner Anderson as the original item (regular April Commission meeting) was placed near the end of the agenda and due to the late hour, few residents would have been there to hear it. But, before we take a step forward… we must first take a step back to understand the situation and problems that arose from what looks to be a lack of fiscal oversight.
In advance of the April meeting (disclosed in the backup), it was discovered that the alleged total for both buildings was $1,800,147.24. To repeat, one million eight hundred thousand dollars! I use the word “alleged “due to the fact it appears that there were project expenses (such as the landscaping for the log cabin and others) that were not included in the reconciliation. Why? Beats me.
The data provided in the reconciliation statements is very confusing, but regardless, the point remains the same. To that end Chuck Ross has reconstructed the numbers for both projects and listed below is a brief overview.
 First, adding back the $89,000.00 fee for the architect (that somehow was missed in the manager’s feasibility study to borrow the $350K loan- how does that happen?) and the adjusted contingencies, we started out the project underfunded by $126,891.00 [7.64%] back in May, 2015. This was before we ever broke ground. As to the cost overrun, Chuck is coming up with $161,216.00 or [8.85%] The funding shortage of $126,891.00 was the leading cause of the $161,216.00 overall shortage.  There were unexpected post construction credits and grants that reduced the shortage by $34,600.00 to $126,616.00 - not the $115,213.24 [6%] as claimed by the manager in her report.
However, as mentioned above, there are some costs yet to be identified. To reflect a shortage of $115,123.24 net of the unexpected credits and omitting certain costs is misleading.  Clearly the planning was suspect.
Two points to learn from this:
First, the manager should have recalculated the funding requirements after the final bids for the Log Cabin project had been accepted.  The error (funding shortage) would likely have been discovered and adjustments would have been made to the project. 
Second, the manager did not report to the Commission the change orders as the project progressed.  Again, the error would likely have been discovered.
Since the Commission was not made aware of the additional costs, they did not have the opportunity to assess changes that could or should be made to the project to take into account the additional funds required to complete the project.    
Total expenditures Village Hall= $969,909.80
Total expenditures Log Cabin=   $830,237.44
Again, this is assuming that the reconciliation total costs are complete and accurate. This number was a shocker as how many residents even knew about the budget for the two buildings? I know that Commissioner Ross had been asking for progress reports and financial updates for many months only to be delayed by the manager. It was never fully disclosed to the public (taxpayers) until again, months after the fact.
And herein lays part of the problem. Where was the fiduciary responsibility from both the manager and our Commissioners during the process?  Why was there no degree of any fiscal restraint when the budget overruns were first discovered? And who was responsible for signing off on all of this overage?
 Section 4.07. - Appropriation amendments during the fiscal year.
 (B) If, at any time during the fiscal year, it appears probable to the Manager that the revenues available will be insufficient to meet the amounts appropriated, s/he shall report to the Commission in writing without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Commission shall then take such action, as it deems appropriate, to prevent any deficit spending not covered by adequate unappropriated financial resources including reserves.  

In short, this just didn’t happen. This wasn’t an “option” but a Charter requirement. The manager did not publicly address the budget overages, without delay, and instead ostensibly just made her own decision to keep spending unappropriated Village funds. Nor was this Charter requirement adhered to on another potential cost overrun of approx. 50% (over the grant amount) towards the new Village Signage. (half of which, by the way, have not been installed due to running out of money by the inclusion of  solar lighting that somehow got added to the project after the fact. Solar lighting within our dense tree canopy… was this a good idea?)  Especially after just running over budget on your prior project? Do you see a trend here?
It seems as if our Commissioners bought into the paradigm of “not micromanaging the manager” to the degree of simply providing no fiscal management or institutional oversight at all! Or, in fairness, of potentially being rebuked by the manager if efforts were indeed attempted citing “I’m the professional here, don’t micromanage me,” etc. Further, there seems to be some misunderstanding of what the term “micromanaging” means.
Definition of micromanage
To try to control or manage all the small parts of (something, such as an activity) in a way that is usually not wanted or that causes problems
Definition of oversight
Watchful and responsible care  b:  regulatory supervision
See the difference?  But for whatever the reason, blind trust was offered and we now bear the cost for such lack of judgement. For me it's the process, poor planning, and the lack of transparency of not informing everyone what these buildings were actually costing us... until it was too late. The bottom line is always what is this going to cost us – the Biscayne Park taxpayers.
We hired a first-time manager who had over the past year demonstrated varying concerns regarding both her attitude and work performance. These concerns were shared with our Mayor and other Commissioners, yet were seemingly overlooked. Remarkably, some STILL seem to want to overlook these problems. Per her employment agreement “The Village Commission agrees to annually review the performance of the Village Manager prior to the anniversary date of this Contract.” This should have been done prior to last October… yet it didn’t happen. Why?
In my opinion this is cause for concern moving forward. Trust should be earned over a period of time based on deeds and performance… not just given freely to any new Village employee.
I can only hope that we’ve learned a hard lesson based on this experience as we now move on to our next manager. (Oh, and sorry for burying the lead, for anyone who didn’t already know, our manager has resigned effective April 29th.)
Which leads me to this:
Don’t Shoot the Messenger! The messenger is NOT the problem… The Problem is The Problem. Deal with it and shoulder the responsibility you chose when you sought public office.
To suggest that our residents that pointed out legitimate concerns about the manager were The Problem is in truth, well… insulting. Insulting and delusional. Deflecting Problems does not solve The Problem. Pointing out Problems does not create The Problem. Lack of action only further increases The Problem. Our residents have every right to expect better results and representation from our elected officials.
The manager will soon be gone, yet we remain to pick up the pieces. It’s time for our leaders to lead.

Standing Watch-
Milton Hunter
The Biscayne Parker
miltonhunter@gmail.com


P.S. The videos of the April meetings are now up on YouTube. Links below:
April 5th Regular Commission meeting- https://www.youtube.com/watch?v=RJirEBdFl_s
April 11th Special Meeting/ manager resignation- https://www.youtube.com/watch?v=THWhaF-ymPk
April 20th Special Meeting- Buildings budget recap- https://www.youtube.com/watch?v=FJAq-Js2YmI





Tuesday, April 19, 2016

What 18" of Rain Can Look Like…


On January 6th we posted a review of the No Name Storm that affected Biscayne Park back in October, 2000. This weather event stands as the only example of any storm water flooding experienced in our Village dating back over 40 years.
In scanning the news this morning, I noticed that Houston, TX experienced a somewhat comparable storm event yesterday. Due to the similarities, I thought to post a couple of pictures to illustrate the differences between the two areas. (Please feel free to refer back to the original article posted 1/6/2016 for additional charts and data)

4/18/16: HOUSTON (Reuters) - Torrential rainfall totaling 18 inches (46 cm) pummeled Houston on Monday, causing floods that were believed responsible for five deaths. More than 1,000 homes were flooded in Harris County, which contains Houston, and there were more than 1,000 water rescues as scores of neighborhoods and roads were hit by rushing water.






Fortunately for us, we didn't have 1000 homes flood nor did we require any water rescues. As the No Name Storm did claim two lives, no lives were lost here in Biscayne Park. And for this we should all be thankful. Below is a re-post of one of the pictures taken on 118 St. and 10th Ave.

 


Standing Watch,

Milton Hunter-The Biscayne Parker


 

 




 
 
 


Wednesday, March 16, 2016

Code Notice...A Cautionary Tale



I recently had dealings with our code enforcement department. After review, I thought it would potentially be helpfully to others to share my experience... as a cautionary tale.  Now, before I begin, let me go on record stating that I have been an advocate for strengthening our codes for years. Mostly in the area of visual blight issues. So, the encounter you’ll read below is not born out of being “anti-code,” but moreover a description of the questionable performance of our code department in addressing a resident over what looks to be a misguided action.
 
On January 11, 2016: I received a visit from our code officer Reggie White. He handed me a courtesy notice along with one sheet of paper citing “part” of our muni code referring to fences and walls.  For those of you who are not familiar with my property, I have included two photos of the area and the concrete block wall in question. See below:  

As you can see, I have no neighbors on either side and the adjoining parcels are considered green spaces.  The alleged violation was, and I quote, “Please paint the entire wall the same color as your house. Also, please repair broken area of the wall in back of your house and leave a smooth finish or texture on both faces of the wall.”  I proceeded to question him on the color and the texture demands, (i.e. grandfather rule) as I’ve never heard of such a thing and the wall has been white and maintained the same finish or texture since it was built in 1948. He stated that he’d need to further look into that and get back to me.
After this meeting I myself looked up the entirety of our code addressing fences and walls and sent him the following email:
From: Gmail [mailto:miltonhunter@gmail.com]
Sent: Tuesday, January 12, 2016 9:35 AM
To:
code@biscayneparkfl.gov

Subject: Follow up
Good morning Reggie,
Pursuant to our visit yesterday I have a couple of questions. The one page you provided me with didn't reflect the entirety of the muni code, specifically Article 11.6.6 addressing Nonconforming fences and walls. I have included this below for your review:
BP Muni code: Fences
·         11.6.6

Nonconforming fences and walls. Any fence or wall which has been properly permitted and approved by the village prior to the passage of Ordinance No. 2011-2, or which existed prior to Ordinance No. 24 (S. 1988) and which does not comply with the requirements of this ordinance, shall be considered a legal, nonconforming structure. Such nonconforming fence or wall may be continued until such fence or wall has deteriorated to the extent of more than twenty-five (25) percent of the structure or has been damaged by more than fifty (50) percent of the structure. 

My exterior concreate block wall is (to the best of my knowledge) original construction and was allegedly properly permitted and approved by the Village at that time, date 1948. I have a photograph circa 1968 which illustrates that the wall was and has maintained to be white in color. So, my understanding is that it would fall into the above category.
My questions are as follows:

1.      You highlighted section 11.6.3 (b) (ii) "Concrete block is to be stuccoed with a smooth stucco finish or texture on all faces that reflects compatibility with the finish of the dwelling. Walls constructed of decorative masonry units shall be of a uniform type and color.  Any exterior finish I believe is covered under section 11.6.6- see above.

2.      Where in our code did you find the language of having to change the color of an established structure that pre-dates Ordinance 2011-2 and No. 24 (S.1988)? I believe that this is a grandfathered issue covered under the legal nonconforming fence and wall ordinance.
 

I will wait for answers to these questions.

Best,

Milton Hunter

646 NE 114 St.


I then made a call to a member of our Planning and Zoning board to get another opinion on all of this. And to my surprise, he had already gotten a call from Reggie also seeking council and his opinion on the situation. What I found odd was why was our code officer calling a member of the P&Z board for advice? Where was his immediate supervisor or other staff support members?                                                        

On January 13th: I received a “new and amended” courtesy notice. [ASIDE] there were no answers provided to me concerning the questions posed in my email from the day before [END ASIDE] It read: “Please repair and paint the wall that borders your house. The entire wall must be re-painted to a color that is compatible in relation to the dwelling/house. Also, all rot and cracks must be properly repaired on the wall. The wall must be straight and have a smooth stucco finish on both sides.”  

Oof, now I’m getting really confused… and begin to question what, or who is really behind this. So now it’s not “the same color of your house” but a “compatible” color. Also, his tone seems to be more aggressive.
Let’s pause a moment and take a look back at the pictures provided above. You’ll see that my house trim is white and the condition of the paint on my wall.   

Further, there is no “rot” present (not sure where that came from) and Reggie seemingly continues to ignore the language of Section 11.6.6 -Nonconforming fences and walls.  As well, I’m not so sure that our code officer is tasked with giving an opinion on what is a compatible color or not. Don’t we already have a board for this when first getting colors approved? And by the way, white is on their pre-approved color list. 

Moving along, I scheduled for the repair to be done. After the repaired areas had cured, I touched them up with white paint and, for my part, was willing to call it a day on all of this.

Below are the before and after pictures of the wall repair in the back:

 

However, the Village had other plans as on February 17th, I received a Notice of Violation and Notice of Hearing. And the nature of the alleged violation: “The wall is not of compatible design and color in relation to the dwelling. Concreate block is not stuccoed with a smooth finish or texture on all faces that reflects compatibility with the finish of the dwelling.”

Really?  Once again I’ll state that the wall “pre-dates” ordinance 2011-12 and ordinance 24 (1988) and as such is a legal non-conforming structure. It’s completely straightforward. My thinking is now WHY our code officer (or whoever is truly pushing this action) continues to press the issue and WHY is this relevant section of our code continually being ignored?

February 29th: Next I find yet another courtesy notice taped to my front entranceway. The house number was incorrect but you know, it seemed fitting based on the absurdity of this entire ordeal so far.  It read: “Please apply for and obtain a paint permit for the wall on the property.” (This being for the touch up painting I did to the repaired area).

I had 48 hours to comply.  (Which I elected not to do as I was prepared to take this matter up in front of the Code Compliance board on March 14th)

At this stage I gathered up all of my paperwork, photos and was awaiting the Code Hearing date of March 14th.  Here I would be able to make my case and seek an objective decision from the board. 
 

Yet on March 8th I received an email from our code officer stating I brought the wall issue to the manager’s attention yesterday and we both agreed that the repairs done was enough to be in compliance. There will also be no violation for painting the wall without a permit. I’m going to close the case and note that you are in compliance. I’ll send you and affidavit of compliance in the mail shortly.”

So neighbors, what to make of all of this? There are so many questions to consider…was this a case of our code officer simply not knowing or understanding the code in question? Or is this a case of “selective enforcement?” It is this type of situation that leads residents to feel singled out and does more harm than good for our community.

Personally I have a hard time trying to write this off as a simple “mistake” due to me pointing out and verbally explaining the relevant section of our code (Section 11.6.6) to Reggie… on Day 2.

And if indeed it is the latter, then we have an altogether different problem. And one much larger than one resident’s ordeal with the missteps of our code department. The question now becomes WHO was behind this and WHY was it allowed to persist for nearly two months?

Consider this:

·         Where was the oversight by our Manager or department supervisor?
·         What training has been provided (or will be provided) for our code officer to alleviate embarrassments such as this one from occurring again?
·         Why was our code officer seeking direction from a P&Z member (or others) not associated directly with his department? 
·         Why was the citation(s) dismissed and closed by the Code Officer together with the Manager rather than coming before the Board for a vote which is the usual procedure even when cases are dismissed and closed?
·          How much Village time and money were ultimately wasted on this failed aborted Village action?
Why would the Village drop the case less than 1 week before the hearing date? Was I really now in compliance? After all, I did not fulfil the multiple demands made of repainting the entire wall (whatever the color) nor in resurfacing the texture or straightening the back wall section. All of these points were stubbornly defended without consideration or explanation up until March 8th.
To be clear, no resident should have to put up with two months of badgering - especially after doing the research and providing the documentation from our Code of Ordinances showing this citation was not warranted.  Code Enforcement is too important to our Village for anyone to receive a citation out of ignorance or lack of research on the part of staff. 
March 14th: As I had not yet received the affidavit of compliance in the mail (and my trust in this department is suspect at this point) I attended the meeting with all of my support documentations. You know, just in case. And as advertised, my case was scrubbed from the agenda. As if it never existed in the first place...

Interesting enough however is that there was another case mentioned where a work related repair area would require re-painting. The board and code officer seemingly routinely agreed that no paint permit would be required…Hmm… but this was done in front of the board, not behind closed doors.
So, two months later what was the purpose of all of this? For me, it seems obvious that additional training and oversight for this department needs to be put into place as the current administration is flawed.

The point of me making this information public is twofold. One is to illustrate the inner workings of the department and to clarify the mistakes that were made. There needs to be some form of accountability for the actions taken. Secondly, to inform all of our readers to do your own independent homework and to question courtesy notices that don’t make sense to you. Mistakes can be made… as observed herein.
 
Standing Watch,
Milton Hunter- The Biscayne Parker
 


 





 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 


Friday, February 19, 2016

I See You and Know You're Out There...




Greetings All,
 
Since the inception of this new community forum five months ago, I thought to provide our readers with some traffic updates and an overview from my perspective as the site administrator.
Overall, I’ve been pleased with the feedback that I have received and the degree of appreciation shown from members of our Village. Truly I have. In a short period of time we have established a baseline and provided verifiable analysis of our standing street water condition, conducted several interviews with residents on subjects such as: Crime Watch, Curb Appeal & Property Values, and took a detailed look back at “The No Name Storm of 2000.” We have some wonderful resources within our community and I want to thank them all again for helping to make this happen.
As for traffic stats, I will list the most meaningful ones below as of the date of this posting:
Total Posts: 18
Total Page Views: 3,759
Total Comments: 79
What jumps out at me is the relationship between the total page views and the total comments. That number indicates that just 2.1% of our readers are participating in the comment section. This is an area that I think we can do better in.
The mission statement of this forum is quite simple. It is to provide a platform for our residents to examine targeted information that pertains to our Village. A safe place to share news, ideas and opinions. Those of us involved in this venture NEED to hear from you regarding both the future direction and topics YOU want to see covered here. 
 All opinions are welcomed. WE WANT YOU to share your ideas and suggestions. That is the power of forums such as this one. Participation will help us all gain a better understanding of each other and through that hopefully build a better model of community.   
Standing Watch,
 
Milton Hunter
The Biscayne Parker 


Wednesday, February 17, 2016

Standing Water Photos 5

Yesterday provided us with another opportunity to further our collection of the BP standing water areas. According to a neighbor’s rain gauge, we experienced just less than 3” of rain during the morning hours. The Maximum temperature yesterday: 80 °F (at 3:53 PM) Minimum temperature yesterday: 67 °F (at 8:59 AM) Average temperature yesterday: 74 °F.

The time elapsed between these photos was approx. 6.5 hours. 
(Area #6 noted previously [119 St. / 7th Ave.] has been discontinued due to the area being merely a puddle.)

Area 1 (115 St. / 6th Ave.)
[Click on any photo to enlarge]
Area 2 (116 St. / 9th Ave.)
Area 3 (112 St. / 7th Ave.)
 
Area 4 (116 St. / 10th Ave.)

Area 5 (119 St. / 11th Ave.)
 
Area 6 – “new” (112 St. / 10th Ave.)
 
Area 7 (113 St. /10th Ave.)
 
 
 
Area 8 (119 St. / 12 Ave.) These photos taken approx. 2.5 hours after
 

Area 9 (119 St. / 12 Ct.)

 

Standing Watch,

Milton Hunter- The Biscayne Parker
 

Tuesday, February 9, 2016

Commission in the Community Meeting Recap

Commission in the Community Meeting Recap
Our first “Commission in the Community” forum was held last Saturday at the log cabin. It featured a lively discussion on various Village topics and concerns.
At the conclusion I asked our Mayor if this was a “one off meeting” or if this concept would be repeated in the future. He mentioned that ideally we could hold these mini-think tank sessions each quarter. I personally applaud any and all efforts made by our elected officials to gain a better understanding of what our residents’ concerns are. As I see it, it was a good government initiative.
Topic Overview:
·         Recent code changes and the possibility of hosting a Home Improvement Expo to assist homeowners affected by these changes
·         The lack of support and understanding of why the Village is pursuing a storm water survey
·         Discussion of the problems with our aging water pipes and infrastructure.
·         And much more!
Please join us in reviewing the meeting and add any comments in the section below. As the header states, “Be the Change, Lead the Change.”
 
Standing Watch,
Milton Hunter
The Biscayne Parker