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Here’s The Scoop…3/ 24-25/09 LBTS Commision Meeting #9…..Commissioner Comments/ Florida Election & Ethics Complaints & Decisions….”That’s Some High Horse, Jerry”…

HE SAID THAT?….(and that and that and that and that………)

The 2nd half of the Vice Mayor’s loooooong winded 3/24-25/09 Commissioner Comments…The Commission needs to vote on time limits for Commissioner comments…and keep to them….(Sorry Folks…this is a really long one……)

He spoke about the two and a half years he and “Jimmy’ have been “blasted” by Mark Brown and Cindy Geesey and the Future’s paper.He held up a report he said he received “this week” from the Florida Election Commission …he held up the report and read the letter “Mr McIntee the Florida Election Commission at the last regular scheduled meeting considered this case and issued an order that is enclosed with this letter. Complainant Mark H. Brown, ah since the Commission determined no probable cause sec.106.25 Florida statutes provides that all investigative reports and other documents related to this case are no longer confidential.”…The Vice Mayor said “we’ve been hog tied and shut down from saying a thing about this because that’s the state laws.” He said Brown and Geesey wrote about it in the paper…calling it “a lot of nasty, nasty lies”…and that they ran it in “3 or 4 maybe 6 issues”…that he “documented each and every one and I’m in the process of doing what my rights are. In the near future you” be seeing that there is ah, for every action there is an equal reaction.”…He read some of the items written about him and Comm. Silverstone from the pile of Future’s papers he held up on the dais….saying it did not say they (McIntee /Silverstone) “MIGHT have cheated” it said ” HOW BADLY  they cheated”…”They made us guilty in this thing. This is yellow rotten journalism”…McIntee went on to describe some of the content such as ads put in the BTSTimes without payment (during their 2006 campaign) …He said “It goes on and on and on absolute lies” …”The state Election Commission put two investigators on this and probably 400 pages of work on it and they came back absolutely bogus.”…”So Mark Brown you lied in your paper, you continue to lie in your paper and I have the proof in my hand.”…He went on to tell Cindy Geesey as the other Editor “you’re supporting those lies, obviously.”…”Now I will do what what I have to do to protect my family and to protect my name and credibility. I have the proof in my hand of who’s telling the truth. It’s all the difference in the world. An independent body investigated Commissioner Silverstone and me at length for two and a half years. We’ve had a cloud over us and we couldn’t say a thing.”…He spoke again of the “multiple issues of this yellow journalistic paper saying we did a,b,c and d and they were absolute lies. And no probable cause was found for any of them.”…”So you (Brown/Geesey/Futrue’s paper) stirred the pot, now it’s cooking and now it’s gonna boil over.”

BC- This writer was very interested in this report, and contacted the Florida Election Commission for a copy. Along with the Florida Ethic Commission for copies of those complaints…What I found was this….

First in the Florida Ethics Commission charges…as previously posted there were areas where “probable cause” was found…for both Commissioner Silverstone and then Commissioner McIntee …in regards to conflicts with their roles in the VFD  ( as paid officers) and votes they made on the dais as Commissioners concerning the VFD  along with a conflict for McIntee being the Chair of the CIC while serving as Commissioner….The Commission gave them a “pass” to go forth and not do it again…which in this writer’s opinion brings forth 2 points…

First -with some “success” for findings of “probable cause”…even though no action was taken by Ethics Commission …it is no wonder why Mark Brown and Chuck Clark  would not continue to file complaints….

Second- ever the “gambler” the “loophole” this now Vice Mayor appears to be hanging his hat on is asserting he is a non- compensated VFD Officer… It remains to be seen if a complaint has been or will be filed by these same complainants to question again the Dec. assertions written by McIntee to the Ethics Commission that he has no role in negotiations or purchases by the VFD despite apparent evidence on tape and printed materials stating otherwise…from Commission meeting videos/minutes and back-up records…

The Florida Election Commission appears to have followed suit, in their findings for “candidates” McIntee and Silverstone…finding the following…in certain complaints…’Florida Statutes, prohibits a candidate from directly or indirectly contributing any money or thing of value for the furtherance of the candidacy of another candidate’…..’Respondent’s failure to follow proper method outlined in DE 98-07 for sharing and reporting the cost of joint advertising made it to appear that Respondent was contributing to Mr. Silverstone’s campaign.  Nevertheless, it does not appear that Respondent willfully violated Section 104.071(1)(c), Florida Statutes.’…..’ The evidence in this case is insufficient to categorize this expenditure as a “normal living expense.”’…. ‘Respondent’s failure to follow proper method outlined in DE 98-07 for sharing and reporting the cost of joint advertising caused it to appear that Respondent was making contributions to Mr. McIntee’s campaign.  Nevertheless, it does not appear that Respondent willfully violated Section 104.071’…..Giving substantive reasons for the complaints…and certainly more than enough reason for the Commission to investigate……

Full text….of recommendations (below)…full text of the report…which is public record may be obtained by calling the FEC and requesting the Feb 26 &27th 2009  FEC 07-053 McIntee/FEC 07-054 Silverstone…Online info for reference and phone numbers http://www.fec.state.fl.us/

(then) Commissioner McIntee…

’19.    Section 104.071(1)(c), Florida Statutes, prohibits a candidate from directly or indirectly contributing any money or thing of value for the furtherance of the candidacy of another candidate.  Candidates may voluntarily form a slate of candidates, but they must share equally in the cost of any joint advertisement.  For example, a joint advertisement by three candidates that costs $300 must be paid and reported as a $100 expenditure from each of the candidates.  Each candidate should pay for his share directly to the vendor providing the service.  See DE 98-07.
20.    Respondent’s failure to follow proper method outlined in DE 98-07 for sharing and reporting the cost of joint advertising made it to appear that Respondent was contributing to Mr. Silverstone’s campaign.  Nevertheless, it does not appear that Respondent willfully violated Section 104.071(1)(c), Florida Statutes.
21.    Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated this section.

34.    In a telephone interview, Eva MacMillan, an officer of BTST, stated that she charged Respondent and Mr. Silverstone a flat fee for the special edition and still made a lot of money.  Mrs. MacMillan stated she gets a really good deal on printing costs so she was able to provide this service at a really good price because the artwork was already done and the ads were camera ready so all she had to do was send it to the printer for publication.  Mrs. MacMillan stated that the candidates distributed the special edition themselves.
35.    The evidence does not support Complainant’s allegations that Respondent failed to report his expenditures.
36.   Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated these sections.

42.    Investigator Malphurs called Adventures in Travel in Tallahassee to gather information for flights that occurred in 2006 from Buffalo, New York to Fort Lauderdale, Florida.  The travel agent informed her that there was no way to determine flight information for 2006.  A travel agent for US Airlines also stated that it was not possible to provide airfare fees from 2006.  The travel agent stated that system records do not go back to 2006 and passenger and payment information is no longer available.
43.    Section 106.1405, Florida Statutes, permits a candidate to use campaign funds for transportation in the course of a campaign.  The evidence in this case is insufficient to categorize this expenditure as a “normal living expense.”
44.    Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated these sections.
IV.    Conclusion.
45.    On September 4, 2008 staff mailed a copy of the Report of Investigation to Respondent in accordance with Section 106.25(4)(a) and (b), Florida Statutes (2007).  As of the date of this Staff Recommendation, Respondent has not filed a written response with the Commission.
46.    Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated Sections 104.071(1)(c), 106.07(5), 106.1405, 106.19(1)(b), 106.19(1)(c), or 106.19(1)(d), Florida Statutes.
Respectfully submitted on February 2, 2009,

Commissioner Jim Silverstone….

1.    Section 104.071(1)(c), Florida Statutes, prohibits a candidate from directly or indirectly contributing any money or thing of value for the furtherance of the candidacy of another candidate.  Candidates may voluntarily form a slate of candidates, but they must share equally in the cost of any joint advertisement.  For example, a joint advertisement by three candidates that costs $300 must be paid and reported as a $100 expenditure from each of the candidates.  Each candidate should pay for his share directly to the vendor providing the service.  See DE 98-07.
2.    Respondent’s failure to follow proper method outlined in DE 98-07 for sharing and reporting the cost of joint advertising caused it to appear that Respondent was making contributions to Mr. McIntee’s campaign.  Nevertheless, it does not appear that Respondent willfully violated Section 104.071(1)(c), Florida Statutes.
Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated this section

1.    In a telephone interview, Eva MacMillan, an officer of BTST, stated that she charged Respondent and Mr. Silverstone a flat fee for the special edition and still made a lot of money.  Mrs. MacMillan stated she gets a really good deal on printing costs so she was able to provide this service at a really good price because the artwork was already done and the ads were camera ready so all she had to do was send it to the printer for publication.  Mrs. MacMillan stated that the candidates distributed the special edition themselves.
2.    The evidence does not support Complainant’s allegations that Respondent failed to report his expenditures.
3.    Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated these sections.
II.    Conclusion.
4.    On September 4, 2008, staff mailed a copy of the Report of Investigation to Respondent in accordance with Section 106.25(4)(a) and (b), Florida Statutes (2007).  As of the date of this Staff Recommendation, Respondent has not filed a written response with the Commission.
5.    Under these circumstances, I recommend that the Commission find no probable cause that Respondent committed violated Sections 104.071(1)(c), 106.07(5), or 106.19(1)(b), Florida Statutes.
Respectfully submitted on February 2, 2009,’

BC- I also corresponded to the Town and Town Attorney to see if this report should be entered into the record for the 3/24-25/09 Commission meeting per the previous discussion initiated by Vice Mayor McIntee over what constitutes a public record from a Commission member on the dais…The VM wanted Comm. Dodd’s notes…Then Atty. Abbott, in this writers opinion described entry being material used and spoken about…as exhibited by the VM in his 3/25/09 comments…I am awaiting a response….

After the Vice Mayor finished this section of his comments he went on …..and on and on……….

VM-“So it’s its what some of us have to go through up here to fight the developers. to bring back the VFD , to get new projects in town”…(HUH?) “To bring a beach patrol, all these things are positive, I can go on for hours and it’s working and this town is working. We’re in the black” (8.6 million long term debt).

VM-” Yet you get attacked and attacked and attacked. There only reason is they want us out because then the developers are back, the VFD is gone and the old gang comes back and takes over and things go right back where they were, back room deals and the perfect example is Waste Management”…The VM did a complete about face in less than 24 hours after singing the praises of “love” for Waste Management and coming down off the dais to shake the hand of the Waste Management Rep. after they (WM) lost the contract with the city….He said that when he and Jimmy came in “town officers, people on the dais” had told them nobody else would bid on the waste contract bid and the Town had to go with Waste Management, who got it without a need to bid…He and Jimmy went to Orlando and he says they went to “all these garbage places” and asked why they didn’t bid and were told “the cookies were in”…(They also went to the Waste Management $500,000 gala)…The VM went on to talk in glowing words of the 5 bidders seen the night before…”a 35 decrease” (conveniently leaving out his attempt to stall the process to “investigate” their truck registrations…previous post)……Again throwing Waste Management “under the bus” when saying…”with  the last regime the cookies were in and it went to one person (Tony-Waste Management…who’s hand the VM shook heartily) with no bids and that was wrong and that’s the perfect scenario to show what has changed.”

VM- “There’s a watchdog that’s keeping track of this town and she’s sitting alongside me” (Town Manager Colon)

VM-“There’s no more wheeling and dealing” (HUH?)”There just isn’t (Yeah, Right!)

VM- ” And the dais is now supporting her and I think it’s gonna get better and better” (2010?)..(A Performance Review is still required in September, unless the Commission votes otherwise)

VM-” Any town that’s in the black (8.6 million debt) in Broward county, there’s only 2 of us must be doing something right.”

VM- ” Any town that’s had construction done in this town and properties acquired in this town,the buildings looking the way they are .” (The Manager/staff revised Pavilion and the 2 million dollar Mc-public Safety Complex)

VM- ” When we (Jimmy and VM) came on this dais the middle rows looked like garbage and El Mar was ah, a joke, not anymore it looks great.” (Huh? Middle row of what? El Mar…that looks different due to development VM- so double HUH?)

VM- ” Whole town’s coming together, assets are being purchased,” (Fire trucks…VM Toys)”the future’s being looked after, the volunteers are back, the beach patrol has proved to be a tremendous asset”…as he described their effect on the safety on the beach no major incidence and “hundreds of people treated for man-of-war stings.” (Who knew their was a major outbreak of “hundreds” of victims of stings! Come on!…)…

The Vice Mayor went on and on about the the town’s Public relations…coming together…and the “body out there and By The Sea Future is the nucleus of that body that wants to tear it all down and go back the way we were.”….(Hearing a crescendo yet?)….

VM-” He said “our citizens are too smart , they won’t go back the way we were , not gonna happen. I’ll stand on my record any day of the week and the record is strong and positive and it’s honest and Jimmy’s strong and honest and we’re tough and we’ve taken the heat. We’ve taken the vicious attacks”…and then he went “there”…COCKROACH…his wife was called a Cockroach…saying there was no apology (yes, there was)..reminding all his call for “60 days of peace”…..What a great meeting they were having so far…(He the proceeded to throw Louis Marchelos out with no warning) and finally he YIELDED!…

BC- The Campaign has begun! …The brooms were in full sweep mode…sweeping aside the facts…using the “Bully” pulpit to see if he and Jimmy can bulldoze their way into 4 more years….

Dear Readers…Time to wake up now…wake up…

It’s time to “THROW OUT” the “BROOMS “…and “BRING IN”  the “DUST BUSTERS”!

more to come….

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