NET  TO GROSS….

Dear Readers….Part one of the Vice Mayor’s “electioneering” Commissioner Comments at the July 14,2009 Comm. meeting had to do with his assertions about July 4th…and the “tremendous savings” that came from the Mc-Furth Gang event…in contrast with the previous 2 years…BUT…what he spouted from his “bully pulpit” were not the final numbers and he chose to compare the net from his 2009 co- chaired event to the gross from the previous 2007/2008 events….Thus apples to oranges…

Also of note….the goal in 2008 was to not exceed the 2007 costs of the event put on by the Old Guard….the goal of the 2009 event was to cut down to the bare bones…(re-election year coming)…BUT  when you play fair and compare purchases and size of production to purchases and size of  production for the July 4th 2008/2009 both planned by Marc Furth…..thus apples to apples…..you realize the Vice Mayor tossed out the usual Mc-Furth “bait and switch!”….First his comments…then the figures…

VM- ” First the ah, 4th of July was a huge success. Just to put some figures to the ah, event ah, 2 years ago this town spent $90,000 for the 4th of July. One year ago we spent $80,000. Today we have got a preliminary cost for the 4th of July and it was $20,000 [in 7/14/09 memo]. That event you saw or participated in was done for $20,000 including the fireworks. That’s absolutely phenomenal. It’s , it’s a $60,000 savings over last year and $70,000 over the year before and that can only be attributed to the tremendous work of Marc Furth assisted by his wife Cristie and the tremendous work of the volunteers. My wife and Gail were instrumental in getting them together and Mikos Angeles from the fire department got all the volunteers working together.But,it,it,it went off like ah, like the Olympics! Everything went on time when it was scheduled. Everybody was laughing and ah, I think we eventually collected 13,000 or 14,000 in donations. It was down from the year before um, ah, in general it was a great event and it’s sad that a lot of people chose to boycott it for whatever reasons, I don’t know, but it was non-political. There wasn’t any political hyping from the stand and you know everybody had an opportunity to ah, to be part of a great event and it’s really sad that ah, it wasn’t ah, it wasn’t joined by all in town . But again, to put  that event on for $20,000 that is absolutely a great feat!”

BC- First a quick review…2 years a go the Mc-Furth Gang called for a boycott of the Town July 4th event…and we CIC members followed their marching orders…in fact the ousted VFD put on their own barbecue at the Community Church…This event WAS political from the get-go by being sponsored jointly by the Town/CIC (a PAC Org.)/VFD….The planning was done solely by Marc Furth (fearless leader Marc Furth)…and decisions were made out of the sunshine with an assist from the Town Manager with the RFPs to the notices being put up ….The donations were massively different…due to the Mc-Furth Gang anti-business actions as well as the political divide within the resident voting factions….The parade entries were depleted as well for the same reasons as were those who passed on lining the streets…..The numbers of those who came to the afternoon event also took a nose dive we were told but the food costs compared to the previous year increased…The events should not be compared with fireworks due to the FACT that there was no comparison in the fireworks display shows…from the previous 2 years and this years display put on from the beach at odds with the Broward DEP and their concern for the turtles ….So some comparisons 2007/2008/2009…. purchases and production for 2008 vs 2009….. net minus fireworks for 2007/2008/2009…

JULY 4, 2007 EVENT….

Total $84,333.72

Donations $34,398.00

Fireworks $53,500.00

(Display $34,000.00/ Pier $15,000.00 / Add. Ins & Firewatch $ 4500.00)

NET COST TO TOWN $49,935.72

JULY 4, 2008 EVENT….

Total $83,877.66

Donations $ 34,041.00

Fireworks $46,850.00

Display $26,850.00 [orig $35,000.00 - refund $8150.00]/ Pier $20,000.00

NET COST TO TOWN $49,836.66

JULY 4, 2009 EVENT…..

Total $ 38,488.17

Donations $ 13,782.00

Fireworks $17,325.65

Display 15,000/ fencing for fireworks $2,274.90/ stage supplies 51.65

NET COST TO TOWN $24,706.17

Also compare the following…BOTH Events were planned by Marc Furth…(some of the differences)….

2008 Event…

Temple Display-Purchased 4th of July Decorations….$6,948.00

2009 Event…

No decorations purchased……. $0

2008 Event…

Temple Display- Purchased Banners….$2460.00

2009 Event…

No Banners purchased…. $0

2008 Event…

Classic Car Show…..$1500.00

2009 Event…

Classic Car Show (less cars)…$1000.00

2008 Event…

Cee Jay/ Standing Ovations…Sand castle Flown in per Cristie Furth…$1300.00

2009 Event…

No Sandcastles….$0

2008 Event…

All Star Events…Rides… $ 4674.00

2009 Event…

All Star Events…Rides (less rides)…$ 2410.00

2008 Event…

2 Bands $1000.00

2009 Event….

1 steel Band  $300.00

2008 Event…

Marc Furth Expenses…REPAID…$2,342.12

2009 Event…

Marc Furth Expenses…REPAID….$ 273.17

The Difference 2008/2009  …$14,740.95 ….for Marc Furth purchases…not needed  to re purchase in year 2  & cut backs in production size…..

added to the 2009 Net Cost To Town…$39,447.12/ 2008 Net Cost To Town…$38,488.17 …

So the Mc-Furth 2009 July 4th Event (if all was equal in purchases and size of production) cost $958.95 more with just these listed item (there are more see below scans)…

Taking out the Fireworks……..from the Net Cost To Town…would produce the following…

2007  Net Cost to the town +$3,565.00

2008 Net Cost to the Town  -$2,986.66

2009 Net Cost to the Town -$ 7,380.52

So the 2009 pared down Mc-Furth July 4th event cost the town $4,393.86 MORE than the year before!…

Apples to Apples….Gang….

The Expenditure Sheets…

2007….

2008….

2009…

more to come….

Tags: LBTS Agendas/Meetings, local government, Local Politics, scoops july 4th events
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

THEY SPOKE VOLUMES…..

Dear Readers…Delayed but not forgotten…the public comments made at the July 14, 2009 Commission meeting spoke volumes…below are highlights and some that were written and the speakers were kind enough to e-mail them in to be posted….(any future speakers that would like their speeches posted in full…please send them in)…

In the order they were called… ….

Douglas Baker-a new resident in LBTS for 6 months came to speak about the “move to eliminate BSO and install our own police department”…the current economic environment…the BSO has done a fine job…infrastructure…and the “faction” within the city pushing for the views and the actions for the views they have…

Cindy Geesey – The emergency meeting held on June 30 for discussion and/or action regarding the ouster of BSO Chief Scott Gooding was simply a travesty. Only Mayor Minnet and Commissioner Dodd showed any interest at all in “The will of the people.” The other 3 commissioners either (1) replied to citizen’s individual emails of concern with canned responses that did not even address their specific questions or (2) replied with sarcasm (Gosh, wonder which one of the 3 did that?!) or (3) Failed to reply at all and showed utter confusion on the dais. The bottom line is that Chief Gooding was run out of town by our town manager for failing to be a “yes man.” He was then labeled “Fiscally irresponsible” by a town manager whose picture is next to that term in the dictionary. After this meeting one commissioner told several people “there is more to the story” but of course gave no specifics or facts. Nothing but innuendo. It was also said that Chief Gooding “demanded” money for his department. How can it be a demand when he offered to compromise and work together toward a solution? Someone needs a dictionary. The day after the meeting, two heinous individuals called the employer of a citizen who spoke up for the Chief. They told this man’s employer that he was crazy and should be fired. I call on each of you on the dais to demand that your supporters immediately STOP this intimidation. I understand the panic the New Guard must be feeling as the power slips away and their hidden agendas become clear. Their days are numbered and they know it. Until the Gang of 3 is removed from the dais by either a vote next March or by a recall petition, I demand these new rules for the dais. 1. If you put an item on the agenda, include the back-up so citizens can know the objective of what you’re doing. Include existing ordinances, give a reason for what you want, and simply explain yourself. 2. Do your homework before the meeting. Prepare your comments so you don’t sound like a blithering idiot. 3. Close your darn computers during public comments, commission comments and any presentations. At least act like you’re paying attention to what’s being said. I don’t know if you’re reading a book or looking at Manatee porn on the computer, but STOP IT. 4. Sit up and act professionally. That’s not a lounge chair or Lazy Boy you’re sitting in. Do your stretching exercises or napping at home. 5. Be on the dais when you’re supposed to. Keep your seat until the meeting is adjourned instead of running off the dais like your pants are on fire or like you’ll miss Happy Hour. Stop being rude. Mark your calendars – March 9, 2010…………. Independence Day for the town we love.

Edmund Malkoon -waited for this meeting to address those Commissioners that “spun his words” when he spoke at the podium at the previous meeting about 4th of July….He also spoke about the crowd that came in support of Chief Gooding and the lack of support for the Town Manager…He said the charges if the Chief being fiscally irresponsible was ridiculous and was shocked that none of the Commissioners initially commented (the Gang of 3)….He pointed too the BSO Colonel’s presentation and the Town Manger’s questions of “where do you want the power outlets” and the reduction of only $5000 for landscaping being the response after being fully informed by the BSO of the costs for renovations….He pointed out to Commission if they did not understand the vote was for giving direction to the Town Manager of reinstating Chief Gooding they should should do so this night…

Bob Fleishman-spoke of it being “that time of year again”…the budget, spending, and the “indulgence” by the Town Manager and 3 Commissioners…He spoke of the “reassigning of Chief Gooding”…and the charge of fiscal irresponsibility…asking the Manager “how do you go to bed at night having cut down staff hours and keeping your own salary the same?”…He added the “heck of a severance package you drew up for yourself to the tune of $140,00o, a year’s pay”…He turned to the VFD and Chief Perkin’s reported dressing down (by his Dep. Chief)…that the VFD is a private corporation and the Dep. Chief getting a “brand spankin” new car while the Chief rides around in his own car….and that the VFD holds the title..not the Town…He reminded all of the Town Manager’s previous statements that the Town would own all equipment and then it would be leased back to the VFD…He went on to speak of the signs in Bel Air and the funding…then jumped over to the Town’s “favoritism” and “nepotism” in the bidding process…He touched on the VFD and the VM’s son being paid…closing with relaying that “a citizen of this town has quoted all this will be foigotten by March 2010″…saying his response is this “not for a second, not for a minute, not ever, will we the people forget”….

Daniel Halpert- said he was “beginning to see a pattern of conduct”…..that Chief Gooding got up and said what his needs were and was punished …an act that was like those done in foreign countries…that this is potentially very serious…that the Commission was “losing your legitimacy”….he then gave the “can’t take the heat…get out of the kitchen” line adding they should “take a good look at yourselves and leave”…

Christopher Vincent-It has been about 8 years since the City of Lauderdale By the Sea contracted it’s police services with the Broward County Sheriff’s Office. The Sheriff’s Office operational personnel have become a familiar part of the policing landscape in our City and with good reason. With the vast amount of resources available to them, simple common sense dictates that a County wide law enforcement can do a better job of fighting crime than smaller, local police agencies. This is certainly evident by the numerous municipalities who have merged with the Sheriff’s Office over the past several decades.

Concerns throughout the city, is that certain members of our Commission as well as our Town Manager may want to pursue their desires of bringing back a Municipal Police Agency.

Although on the surface having a municipal police agency may seem to possess a certain sense of pride and “belonging , this sense of pride is more in the minds of local government officials who want a police department under their control, with little awareness for the overall impact on the safety and security of the community at large.

Getting a municipal police department off the ground

Establishing a police department from scratch is not a simple task. There are significant and monumental challenges confronting a City government when they entertain this idea. First and foremost, what impact will this have on crime while the City creates and finalizes the department’s policies and procedures, budgeting, recruitment, and procurement of equipment to fulfill their mandates? Is the City Council ready, willing and able to undertake the long and daunting process of promulgating new laws and ordinances?

One of the main challenges of establishing a new police department at a local level is the securing of funds. Local governments have to finance these departments, which means that limited resources have to be spread out over all other City services. To maintain the same level of services, taxes will most assuredly have to be increased.

A key constraint confronting the establishment of a municipal police department is the relatively small number of sworn officers that they

are able to draw on. It takes a minimum of one year to hire and train a new police officer, and experienced officers demand higher salaries. (if you can find them)!

There are theories that suggests, when you reduce or alter the presence of crime prevention in any city, crime thrives. And we as a community will not allow that to happen.

Economic Impact

It is a given fact that both the Sheriff’s Office and the establishment of our own City Police Department would engage in the same core principals of law enforcement. There is no doubt that the establishment of a municipal police department has it’s merits, However, in this time of economic struggle, is placing the cost of starting a police department from scratch on the shoulders of the taxpayers a wise and prudent thing to do? Now that’s where fiscal responsibility comes in.

Conclusion

At some point in time, political differences must be set aside and an honest dialog between City Officials, the community and the Sheriff’s Office must occur. The Sheriff’s Office has placed a huge amount of time, energy and resources into providing the City of Lauderdale By The Sea with the finest police services available. There may be a number of key challenges confronting us, however, cool heads can prevail in these trying times with the ultimate goal of the safety and security of our residents and the business community. THANK YOU

Chuck Gress- was unable to attend the last meeting but watched it on his computer …adding “what a meeting it was”…He said there were other people who would like to have been there [in the hall] and were glued to their TVs…He said he wanted to “thank our Town Manager Esther Colon for a job well done, because in one fell swoop, she was able to accomplish something no group has been able to do…AND that was to truly UNITE our town, against the evil doings of several people sitting on the dais.”…He felt that the “vast majority of the residents perceive the firing of Chief Gooding as a conspiracy, devised and executed by you and your rag tag army leaders, Jerry McIntee, Jim Silverstone and, of course Dr. Birute Clottey.”…He said their “actions are going to haunt you repeatedly as long as you are residents in this town. We are not as stupid as you apparently think we are.”…He praised everyone that stood and spoke up for Chief Gooding …He commended and applauded the Mayor and named various residents…saying that most of those in the hall want LBTS to”grow and thrive”…for residents to “live in harmony”…offering this suggestion ..”Vice Mayor Mcintee, Commissioner Silverstone, Commissioner Clottey and Town Manager Colon, do the right thing, give this town back to the people and immediately turn in your resignation.”….

Ron Piersante- Spoke of the flooding item that was in front of the Vice Mayor’s home jokingly asking “is that “Resident” was in the hall”…and calling Assist. Olinzocks’s memo saying the flooding was “documented”…then discussed the flooding on Harbor Drive….He spoke of past allegations of “back room deals” made by the Old Guard….saying “could you imagine if Mayor Parker did this?”…He said that if this Commission approved this item they would be guilty of favoritism….

Beverly Kenendy- Thanked Chief Gooding calling his “the very best Chief”…and spoke of his heart and communicative skills…she spoke of a recall for this Commission…again she spoke of the aftermath she is dealing with after trying to have a decaying real estates sign removed from her neighborhood…the result of her action …she now faced a hearing calling it resentment and payback…she wanted Comm. Clottey to change her vote and get “our Chief back”…calling the town a “Banana Republic….

Frank Hermann- spoke of carpetbaggers speaking at the podium in support of Chief Gooding..he wanted the Commission to have to present address…town you name it…(He was later corrected in his assertions by the Mayor in her comments)…He was not well received by many residents and business owners who had spoken that evening…

Gail Albohn- Thanked the July 4th volunteers….”so many volunteers” and Maureen McIntee…(the numbers later presented by the VM were approx. 100…60+ were VFD/ 4 were Commissioners….10 were committee members…the rest were mostly CIC …the numbers were severely lower than in previous years)…

Maureen McIntee- did a big P.R. …saying “those that want to truly unite our town were there”…100 volunteer (see above)…the VFD “who could not do enough”…(radio communications of the VM yelling and fights between VFD members that were leaked tell another story)… she thanked the Town Manager for the budget…and went further into lala land she said …” Thank you to the silent majority who remains at home”…taking the familiar McIntee tact of “rumors and lies”…ending with going into the past when the previous Town Clerk was fired…(by this Town Manager)…midway through she accused this writer f laughing..I took umbridge to the false accusation and she said it came from that area…sad!..only one person clapped as she walked back to her seat…

George Crossman spoke of Mark Brown and his June 24thstatement (said Mr. Crossman) that the police dept. office was closed at 5 pm “insinuating” no protection in town. (HUH?)…He did not take sides on BSO VS privvate police and spoke of the police that had been killed in the last year…

Louis Marchelos- said there were some tough acts to follow and before he turned to his prepared speech he addressed Mrs. McIntee’s “silent majority” comment…saying “the silent majority is here, awake”…Imitation is the greatest form of flattery. This town should feel flattered, Fort Lauderdale and Pompano in an effort to attract customers for the city businesses have started musical and street events.
The one area they did not imitate is the generosity of our merchants bearing the costs.
The city of Fort Lauderdale has budgeted $ 78,000 for their events. The town of Lauderdale by the Sea has budgeted zero. A win for our town and its merchants.

When these events take place their will always be some individuals inconvenienced by the traffic or the volume. We must be sensitive in their needs but those who complain should have the courage to voice them.
When an anonymous complaint is made it is self defeating. To remedy a situation we must know who what and where. We all know the political nature of this town. If you have a serious noise complaint, call me. I’ll meet you and find a solution. In all honesty I have been able to evaluate the motivation in these complaints.
We all know that some elements in town think of themselves as privileged and try to Bully any innovative ideas. You know who you are , so do we. Whether it is failing to prevent an injustice to the best law enforcement officer this town has ever seen.
Think of how the town staff must fell and the threat they are under when the commission permits such an injustice to the Chief.

The placing of burdensome fees on special events are the actions of a bully bunch. They have no soul, they have no heart, they have no desire but the promotion of their own power.

The bully bunch which includes the higher up in the town administration will destroy the potential of this little town to be unique and great.

Ben Freeny- spoke of the lack of the budget backup being online prior to the meeting and the fact that the public would not be able to comment on it until right before it is approved….he was concerned about the sewer going in front of the Vice Mayor’s home…the pavilion…the signage in Bel Air…the infrastructure and our reserves…

Ellen Kirby- came to address her garbage bill increase of 49% and asked for some response (she received none) and addressed the flooding on Harbor Drive…..

John Oughten said it was “pathetic”…the noise ordinance…the empty stores….and spoke of his line of work before he retired…he asked about those that reportedly complained about noise and the code enforcement effect on the businesses…

Adam Geesey- spoke of his “extreme displeasure in the removal of Chief Gooding ….he said it was “illogical, illegal and ill conceived”…saying he is not usually a person that believes in conspiracies…asking for sworn testimony from the dais that they had no previous knowledge of the Manager’s action…he reminded them they work for us the citizens of LBTS…and ended with “throw the bums out of office now!”……

BC-Fitting words to end the public comments…

more to come…

Tags: BSO, LBTS Agendas/Meetings, Local Politics, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

THE ESTHER COLON AUTHORIZED LBTS-RFPS…. THE WAY IT’S ALWAYS BEEN DONE….

Dear Readers….Continuing on with the July 14,2009 LBTS Commission meeting ….we now address the exchange over the Processing Citations Parking Services RFP…(prev. posts)….This was the item that was put back on after a rather lame and suspect attempt made by the Town staff to appease Comm. Dodd’s request that it go out for an RFP after he found out this was not just a $2100 consent item as it was being presented as……but the tip of a rather large contract with a company that has enjoyed its contract with the town for years with no competition ….The RFP the Town reluctantly put in the Sentinel was 1″ by 1 1/2″…and contained no dates …resulting in no bids and leaving the Manager to “job” the item and return it to get the 3-2 vote for what she wanted in the first place….BUT…unfortunately for Town Manager Colon …it didn’t quite turn out that way……

The Mayor read the Old Business Agenda item 15A. a. Commission approval of amendment to existing agreement with Enforcement Technology, Inc. for Processing Parking Citations – $2,100.00 (Assistant Town Manager Olinzock) (This item was deferred at the April 29, 2009 Commission meeting by Commissioner Dodd) Deferred at the June 23,2009 Commission meeting as requested by staff

Previously Chris Hood came forward to speak at public comments on this item and was asked by the Mayor to wait until the item came up for discussion.

Chris Hood- ” I’m a non- resident. My name is Chris Hood. I represent a company called ITek.  http://www.iyetek.com/ I’m not here for myself this evening, I’m actually here to ask this Commission to put the RFP back on the street. I don’t feel it was published appropriately. I had a chance, ah  to just to give you a general ideal of what we do we provide traffic ticket systems for municipalities around the country. Over 300 departments use our system for both parking and moving violations. We found this RFP on Barbara Cole’s website which ah, that was never supposed to happen. We subscribe to many services. We do searches on the internet, We have two people that exclusively do that, so I don’t feel this was put out properly and we would like a chance to bid on it and I would like to see other vendors I compete with bid on it also. I’ll be glad to supply you the names of those people who do that. I looked over your current contract. I think you’re being overcharged. I think there’s more technology that you should be getting for the money you’re paying. I think that it’s a ten year old contract and it needs to be reviewed completely and I think there’s alot of vendors out there including ourselves that can really help this city with new technology and eliminate some of the costs that you’re now being charged because of the way things were done ten years ago. So I want to make that offer to this Commission. I think it’s appropriate. I think that there are some things that you can benefit from. It can bring you more revenue with a newer system. Devices now that used to be single- use which you’re using in this city for parking violations can now be multi- use. They can be used by parking and also the police force to issue tickets, and that doesn’t cost you anymore, it actually costs you less. As you know technology changed very rapidly and in just over the past year there have been some great things happening in law enforcement, even allowing officers to accept signatures on the street, transfer tickets directly into the court and eliminate alot of paper costs. And  with the way our budgets are now you know that is an essential element in operating a city and a police department. So I thank you.”

The Mayor asked Mr. Hood to stay for any questions from the Commission…

Vice Mayor McIntee- ” Did you receive any calls to come here?”

Chris Hood- ” No, I did this all on my own I….”

VM- ” How did you know there was a meeting tonight?”

CH- ” I contacted your city about the RFP.”

VM- ” And you’re saying you just picked it up on a website?”

CH- ” Yes, Barbara Cole’s website. We did a word search and we found on a website that there was an RFP.”

VM- ” Ah, you make a very nice presentation.”

CH- ” Thank you very much.”

VM- “Just thought I’d tell you that.”…He laughed…

BC- Ever the “Detective” …

Comm. Silverstone-” I just have one question and it was a nice presentation, makes alot of sense. To the Town Manager, was this RFP put out any differently than any other RFPs were?”

TM- ” No it wasn’t”

CS- ” OK, then I don’t understand how he did not, you [Mr. Hood] were not aware of this. It’s always been done the same way, that’s my concern. And I’m all for getting as many competitive prices out there as possible.”

CH- ” I did find out it was published in the Sun Sentinel, am I correct? Somebody told me it was published in the Sentinel, but there was also no bids, no responses.”

CS- ” Right, but I do not get, the original bid that was put in the Sun Sentinel, that’s my concern, because if you didn’t do then, the other people also, were it competitive didn’t see it.”

CH- ” Exactly, for example we subscribe to different data bases and we get results everyday. This never appeared.

CS- ” I would call those data bases up and yell at them (laughing), that’s my concern, thanks.”

BC- Could Comm. Silverstone be catching the “clueless” bug from the Comm. to his left?…Jeeze…the data bases do not need to be yelled at…the Town Manager needs to be directed to do what is needed to get the RFPs out there!…The Sentinel ad was insufficient with no information…in this writer’s opinion intentionally…top get the results she wanted!…

Comm. Dodd- ” I just want to show everybody out there  here’s the Sun Sentinel and you can see the crosshatched, those are the bids that are put in normally by other municipalities. This is the amount of space in the column (4x 11/2) inches. They’re trying to find word searches whether there’s a competitive contract whatever they want to bid on.” (He showed the difference of the LBTS parking Citation RFP 1×11/2″) saying the Town published 9 lines, no date and no closing information for bidding . ” I accept the Town Manager is probably trying to be very frugal with advertising inches but this is actually a $46,000 contract for the equipment alone plus the penalties and I believe that our RFPs deserve the space that other municipalities get for their RFPs. So that companies can actually find them. So that we get the best deal as far as this town is concerned. Because there are websites out there.” He asked the TM if she knew of a few and read them out, adding they were free to the municipalities, that the companies paid to do the searches, saying it would make us really competitive without RFPs. He went on to discuss the previous contracts that went out for Garbage and electrician that produce “major savings” for the town (Thanks CD’s “micro-managing”) ” We need to go out with every single RFP even if it makes more work for this town and we should make every effort that they’re advertised properly, they get the coverage they deserve and we get the companies and the quality of companies we’re looking for to do the work in this town.” He made a motion to go out for bid a gain on the Parking RFP and called the TM on her previous dire  “the sky is falling” assertions that the current devices can go at anytime resulting in parking enforcement coming to a standstill saying “so be it! He stated it was fiscally responsible for doing so and asked the TM to do so….APPLAUSE!…

BC- Comm. Dodd was right on target…

Town Manager Colon- “Dependin’ on the type of RFP they’re published in the Sun Sentinel. A construction RFP by guideline is advertised different than a professional service RFP. If your company [Mr. Hood's] did not come in, pick up, an RFP package is in Town Hall and would you please review the entire RFP package that is in your agenda package. If he [Mr Hood] decides to go to Barbara Cole’s website because she decides to advertise, I thank her for the advertisement. All other vendors have the same right that everybody else has to abide an RFP deadline. They’re some RFPs that are a quarter a page like for example the construction RFP that was bigger than the other one. Um, if you want to make an exception because an individual did not bid are we gonna start making exceptions when other people don’t bid for other projects?” HUH?

BC- The TM’s shooting the “messenger” calling her on the Town’s misstep with this RFP!….The RFP package she referred to clearly showed the huge difference in information between the Sentinel ad and the “posted” ads on Town boards and in the bid packages…(prev. post)…

Comm. Dodd- ” Ah, no absolutely not, but these weren’t in the advert in the Sun Sentinel as to when the bids were closing and no bids were put in.”

TM- ” Sir, sir, Commissioner that is not a requirement. What is required to tell him when he has to pick up the bid package and in the bid package it tells you when the specifications are, it is in your agenda package. But to say that this staff or about my office Commissioners. We have bidding more than the norm in the past two years. If because someone goes into someone’s web page and decides to look up RFPs that are duplicated that’s ok. There is no change in the process. The Town Clerk does the RFP in the Sun Sentinel as she has done for the past two years since she worked under my administration. John Olinzock writes the RFP with the assistance of Town Engineers, sometimes professional services and they’re all done the same way. There’s nothin’ new or nothing different.”

BC- EXACTLY THE POINT!….

VM- ” Mr Hood I have a question. You listened to the Town Manager, is that correct?”

CH- ” Yes”

VM- ” Do you disagree with anything she said?”

CH- ” Yes, I do.”

VM- “OK, what do you disagree with?”

CH-” Um, no one bid on this RFP which makes it impossible for your city to get the best deal.”

VM- ” That’s, that’s not the point at all. Did you see the RFPs without dates that she was referring to?”

CH- “No, I didn’t No, I’m afraid I didn’t and I wasn’t looking for Barbara Cole’s website, it came up with a word search,”

VM- ” Have you seen other RFPs where dates weren’t specifically on them?”

CH- ” I see RFPs WITH dates all the time.”

VM- ” And you see them without dates all the time.”

CH- “No, I can’t say that I do, no,”

VM- ” You don’t believe that?”

CH- ” You asked me a question and I answered it.”

VM- ” OK and you, you want us to reject the, the process because you didn’t see it in the Sun Sentinel?”

CH- “No, not because I didn’t see it, this is not, I’m not here for myself. I’m here for the fair process of getting the town the best deal. I will bid on it with my competition. I’ll provide you my competition, names, addresses, contacts, everything. So, I’m not here for myself.”

VM- “I love the community spirit, thank you.”

CH- ” You’re welcome.”

BC- What can be said…twisting to accommodate the irrational reasoning of the TM, her “protector” sounded like an ass….

Comm. Clottey- asked Mr Hood what company he was from and he answered ..” OK, if Joe Schmo had something on his website about this RFP, then you go and pay somebody to do this search, it comes up, that, that’s the new technology out there folks, like it or not” …HUH?…” And people have been usin’ it for quite a few years now. Ah, so it doesn’t matter who’s website you just type some words and turn it on “…HUH?…” and it looks. So it could have been fro anybody’s website. This is technology that has been in use for a while now, it’s new technology. So I think the issue is here. We have been doing something a certain way and we cannot fault the Town Manager for doing things that have been done correctly in the past.”…

BC-Yes we can…

CC- ” But I think that maybe we should look at this particular instance and say hey maybe we can avail ourselves of this new technology. What is it that we could do that this search engine would have picked up our request for proposals? You would have picked this up if it had been on our website?”…Mr Hood said that was correct…” We’re just talkin’ about the application of technology here and I think that unfortunately it took something like this.”

BC- It should have been done from technology savvy employees…ages ago!…

CC-” But I believe we should be using technology and um, I would request the Town Manager to consider that and say OK um, let’s go ahead and let’s put this out again because we now want to use some new, some technology that’s been around that we haven’t been using yet and I hope my request to the Town Manager is not taken the wrong way, as a slap in the face that she didn’t (OOPS) do something correct but times change and we need to change with the times.”

BC- Comm. Clottey once told this writer she was “used to walking on eggshells”…guess she still is!…The TM was incorrect…purposefully incorrect…in my opinion…and it STILL is a Commission- Manager form of government… act accordingly Dr. Clottey…please!…

Mr Hood again said the city could get a much better deal than the one we have from him or somebody else….Comm. Clottey again asked if it were on the Town website the search engines would pick it up…and Mr. Hood agreed they would…

Mr Hood walked back to his seat to applause from an appreciative audience!…

This writer was allowed to speak …I spoke of my website and the process being “misconstrued and used in a negative fashion”…explaining how “tags” work and how this same situation with a vendor had occurred in the past when the Town dealt with “pods”…resulting in the Town hearing from a representative interested in a code change being introduced…”I believe that the excuse that this is how it was always done and it is legal or it is acceptable or whatever. It is not going after the staff, it is going after the process. And if you want to move forward with your infrastructure and you want to move forward with all the other things in this town and you’re going to streamline your staff and you’re going to do all of these innovative things then you get innovative when it comes to your RFPs. And it’s mot only to put it on the town website because that’s limited. Take advantage of having the use if Steve d’Oliveira’, he must know how to do all this and go out and go on the websites that are free and see what you can do with them. This is along the same lines as the issue I had when it came to hiring practices. The same sort of technology should be used,”

BC- The VM tried to stop me , saying I was off topic, but I told hme it di “tie in”…

BC- ” I just don’t think the status quo, you can’t say that the status quo is the way things are one in one area and not in the other. And if we have an administration that is unwilling to bend and move forward in the process, then maybe that’s another item for the review [Town Manager Annual Performance Review], Thank you.”

Comm. Dodd spoke again saying there were no bids including the current vendor. He implored the Town Manager and the dais to “take this gentleman’s [ Mr. Hood] advice ” ending with reiterating he was looking for the best deal for the town…..APPLAUSE!…

BC- HOLD ON…IT TAKES A NOSE DIVE FROM HERE…a bigger nose dive…that is!…Yikes!…

Town Manager – “Commissioner Dodd, no one disagrees with you. but it is the constant derogatory way that things are said about what I do or my staff does. In this town RFPs were limited. We have put , I would say more than tripled RFPs.The point of the matter is the company did not respond by the deadline date.”

BC- The paper did not provide that information!…

TM- ” I have no problems going out for RFP. What I do have a problem with with is that when a company who supposedly has all these great search engines does not submit a bid because the company that has this great technology did not submit or pick up a package on time.”

BC- The Sun Sentinel 1″ ad did not have any information with a submittal date and as Mr. Hood stated did not show up in a search…The Manager needs help!…

TM- “and that’s what I have a problem with because by his own admission he will be submitting a bid. The current company does not have to submit a bid because they do have a current existing contract.”…HUH?…” I just want to make sure any staff starting with the Town Clerk and my assistant, there is no impropriety and they have been RFPin’ the way we have done in the past differently because things were not RFP.”…HUH?…” And there ares some items that by purchasing policy does not have to be RFP. It’s the tone and the accusations that continue to come out that things are bein’ done wrong.”

BC- THEY ARE BEING DONE WRONG!…

TM- ” And again that can be your opinion and the opinion of some of the residents (most!) and I have no problem accepting that but impropriety is not existing.”

BC- This writer STRONGLY disagrees …impropriety does exist in my opinion!…

Comm. Dodd answered the TM and tried to get away from her “victim responses” by getting back to his motion …Comm. Clottey wanted to bypass the Sun Sentinel and only use the net…(Guess she didn’t read the recent news about the legislature having to pass their attempts to bypass hard print for public notices …prev. post)…She wanted it to be a “friendly amendment to Comm. Dodd’s motion…he said no, he wanted both…the VM was seen discussing it with the TM and asked the Town Atty. about the “statutory procedures” required…The TA said they were mandated…Comm. Clottey tried again after the TM spoke of the Sentinel requirements…saying she would do any additional advertising the Comm. wanted…she just wanted “to make sure we do all of them the same way. That we don’t pick and choose where we advertise this way so everything is done in the same fashion”…

BC- This is precisely what the Manager has been doing…”picking and choosing” who would be privy to the RFPs…in my opinion!…OUCH!…

Comm Dodd produced the Town Purchasing Manual that already spelled out the procedures INCLUDING the internet…adding it was policy but we are not doing it!…The TM stated we ARE a member of Demand Star…(an online site)…YIKES!…and Comm. Dodd asked if we used it…the TM did not know!…She said she would have to check….and then….

Commissioner Clottey wanted to DEFER this until the next meeting!..She has really lost it!…

The VM agreed and seconded it!….UNBELIEVABLE!…

Comm. Dodd reminded them he had made the 1st motion…BUT…he had no second…the Town Atty. was asked for how to proceed by the Mayor…The TA said there was no 2nd…the call could be made again for a 2nd but the motion (Dodd’s) was “pending for some time”…The Mayor handed the gavel to the VM and 2nd the Dodd motion…Comm. Clottey still wanted to defer it…and said they still did not know if the RFP went online…

BC- GET READY TO LAUGH OUT LOUD….

The Town Manager said…” June can knock on the closet. If it was put in, you can ask Steve [d'Oliviera] if Steve put it on the web page and if he didn’t you have your answer if it was put online.”

BC- Yes, Comm. Clottey we really are a “Honky Tonk Town”..

June went to the “closet”…and knocked…we all waited and found that it was NOT put on the website we are a member of …(we hear the Town pays annually for the servicewe do not use!)…

The VM said call the roll…hit the gavel and it PASSED 5-0!….

BC- Below is the 2nd attempt for RFPs for Processing Citations Parking Services ..

THE NEW REVISED SENTINEL AD….placed 7/18/09…with dates added!…/Town Website RFP….

What online sites were used should be forthcoming to the Commission….Also, it will be interesting to see if the current contractor was encouraged by the Town to bid as well…

Next up should be the Auditors…that should have gone out last month!…On the new budget for $55,000

more to come…

Tags: LBTS Agendas/Meetings, local government, Local Politics, Parking Citation Processing Services, RFPs, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

WAKE ME WHEN IT’S OVER…..

The Master Plan Steering Committee invited the Commission to meet with them in order to get some reason to continue on as a MPSC….What they got in this writer’s opinion was a reason to “drag their feet” and wait until March 2010 to replace the Broom Boys and the Town Manager…and then perhaps have a newly appointed committee that will be productive due to constructive direction coming from those that replace these 3!…

This meeting was a total embarrassment…a waste of time for the committee…and those who attended and are well aware of how truly lacking in information the majority STILL is……

In attendance were the MPSC / Commission/ Town Clerk/Town Manager/ Town Engineer/ Town Architect-Planner/ 3 residents/Mc-Furth Times Editor Cristie Furth/ Pompano Pelican Reporter Judy Vik/ this writer….

The Mayor spoke of what this meeting was called ….for direction concerning the El Mar Drive Project. and turned it over to MPSC Chair Paul Novak ….He spoke of the purpose being the El Mar project but hoped to discuss other matters as well….He spoke of the project winner …the million…and where to go from here…The Mayor said they should go around the table for Commissioners to speak…She asked the Vice Mayor to begin…he passed…Comm. Clottey said she wanted the architect to incorporate the existing plantings (she said they cost $150,000) in front of Oriana…she spoke of underground wiring…storm sewers and not having the money go all to landscaping…Comm. Silverstone repeated what he has said from the dais…that the medians should not be the focus…and he feels it’s dangerous for pedestrians to be using the medians…he agreed with Comm. Clottey about  underground wiring ….along with flooding and spoke (incredibly) about long time flooding in the north end of El Mar by Washingtonia…he ended with saying it should have a”feeling of pride”…make it “more pleasing” … “keeping a mantra of a small seaside community.”…HUH?…Comm. Dodd informed Comm. Silverstone (correctly) Washingtonia was not part of this (it can only be used south of Commercial Blvd….Homework Jimmy?)….He spoke of the expense of underground wiring and that 1 million won’t cover it…Comm. Dodd said we should include as much as we can of the student’s work and again spoke of his desire of El Mar not being a straight lane…(His pet project is for a meandering road)…Vice Mayor McIntee disagreed with Comm. Dodd saying it should be a straight road and compared it to Misner Park…”straight from one end to another”…He said we were stuck with 1 lane (in front of Oriana) and we should not take the $150,000 landscaping in the mediums out (where did that figure come from?)…Comm. Clottey added that during special events people parked along the medians and that needs to be “kept in mind”…Paul said we should start out with a landscape architect…and agree with leaving the median in front of Oriana alone…stating that left only 3…He asked if any monies could go to the North and VM McIntee said it cannot…..Paul added the need for lighting…and said at least we will see something and it would be a “great accomplishment”…Comm. Clottey said she spoke to “Mr Sehl” and he said solar lighting was not yet available in the U.S….but it was something that we should think about …(audience members disagreed with the assertion of unavailability)…Sandra Booth again spoke of Barbara Wayne who was available to present to the committee and the town her expertise with the most sustainable plant materials available….The Vice Mayor asked if we needed an RFP “if we can afford it”…The Mayor indicated that at the the meeting were Chen and Assoc. Engineers and Ocampo and Assoc. (architect)…and offered them each 5 minutes …

The Town Manager’s lack of informing them about the history of LBTS and El Mar Drive….was embarrassingly evident when Ben Chen of Chen and Assoc. came the podium to speak of having a long term development plan with the community coming together and having charettes!…HELLO?…We have done that…we have had long term development plans…we have had Master plans…3 of them Comm. Silverstone said…Mr Chen also spoke of having a “Ritz Carlton” at one end of El Mar!….OUCH!…He must have picked up the vibe that he was heading in the wrong direction and reeled his comments back in to address underground wiring…the problems with FPL and the prohibitive costs to do so….He spoke of the “unusual elevations we have on El Mar and said we “don’t have a serious flooding problem”…HUH?…He said it could be remedied with paving….REALLY?….and then finally addressed the students work and what could be created …talking of a linear park…a signature project for residents and tourists…going on to speak of planning…and the costs…that having only a million and deciding where that million would be could create a problem…(again was he not informed that we are tied to where it can be used?)…He added we could use grants and stimulus money …even putting forth the idea (and saying this probably wasn’t the time to talk about it) for a special assessment for burying the lines…ending with saying all options were put on the table….Marc Furth asked his opinion about burying the lines under the medians instead of the sidewalks…Mr. Chen went further into the costs…and the hoops required in dealing with FPL…adding if we ever decided to do it his company could do for less….Marc said he had concerns of doing the medians only to dig them up later…wanting instead 8 foot sidewalks….Ernie Ojito from Ocampo then stood at the podium and spoke of projects his company had done…being architects/planners/ and landscape architects…He too was not informed prior …bringing up a Master Plan…and phases …beautifying and incorporating the designs….He spoke of funding available and artists who will get involved such projects. …The VM said we were “off on a tangent” and spoke of the students…the contest …the meetings …that this was like the pavilion ….and how much will it cost to do the student’s project….He wanted it broken down “This is pie in the sky”…(must have wanted to get back on his newest VFD acquisition the 102 ft. ladder truck waiting for him in the El Prado parking lot)…”trust in the students”…The Mayor said the students aren’t professionals…they came up with “thoughts, ideas” they were “creative” with their concepts but now the professionals needed to work to make it a “pedestrian friendly walkway” and take care of the hospitality businesses like Mr. Furths…when phasing it in…Mr Ojito said they can come up with the concept and then it can be scaled down…Again a Master Plan…The Mayor said we’ve done that…the Town Manager said they were outdated….and Comm. Clottey chimed in to ask the TM about a memo she received saying we (LBTS) cannot get stimulus funds “because we’re too small” [in population]…Yann Brandt was sitting a few rows behind Ms. Colon and said that was wrong…TM Colon said that it was correct…Mr. Brandt disagreed and the Town Manager said  to taxpayer/resident Brandt…”I’m not going to argue with you”…Below is an e-mail sent to the Comm./TM from Yann after the meeting and the letter he sent in response to an inquiry fro the TM….(Yann had a discussion with Comm. Clottey after the 1st budget meeting and then received a letter from the TM)…

E-MAIL AND LETTER FROM YANN BRANDT….

Members of the Commission and Town Manager,

I had the distinct pleasure to attend today’s MPSC meeting with all in attendance. In a short 30 minute timeframe, you managed to say something utterly ridiculous, but said it with conviction.

First of, the Town Manager managed to completely rework how stimulus funding is allocated. According to her “expertise”, LBTS is not eligible for EECBG funding. I do have to give it to our TM, she says things with conviction. Since it is her method to ensure that those beneath her are less qualified and does not wish to listen to the resident’s that may know better. Let me reiterate as I did in the meeting, the Town Manager is wrong yet again.

DE-FOA-000013 is the funding guideline for the energy efficiency and community block grant (EECBG). I have attached the guideline for your leisure and to show you in black and white that her conviction does not work for those of us that have the ability to do our homework, which apparently the TM does not wish to do.

“B. ESTIMATED FUNDING
• The American Recovery and Reinvestment Act of 2009 appropriated $3.2 Billion ($3,200,000,000)
for EECBG for fiscal year 2009. DOE will retain $59 million to provide technical assistance and
training for grantees under the program. The amounts available for grants are as follows:
• $1,863,881,000 for formula grants to eligible cities and counties
• $767,480,000 for formula grants to states
• $54,819,900 for formula grants to eligible Indian tribes”

Please see the portion which differentiates between formula allocation and to State allocation. LBTS does not qualify for formula allocation as that was restricted to the largest Cities and Counties in each State, even Broward County did not qualify for formula allocation. As described by DE-FOA-000013 below

“STATES AND TERRITORIES: DISTRIBUTION OF SUBGRANTS
Each state that receives a grant under the program shall use not less than 60 percent of the amount
received to provide subgrants to units of local government in the state that are not eligible for direct
formula grants. The state shall provide the subgrants not later than 180 days after the date on which the
Secretary approves the proposed energy efficiency and conservation strategy.
States are required to develop a sub-granting process that expeditiously allocates funding, prevents
fraudulent spending, generates robust reporting, and promotes the EECBG Program principles stated
above.”

The State of Florida will be subgranting over $16 million dollars to non formula allocated Cities and Counties across our State. Now, you may think that this is simple oversight by the Town Manager, however she knew about this. Why? Because she had corresponded with me via USPS mail on the subject to which I replied via USPS and even had a follow up conversation with the Asst. TM. The letter is attached and portion of it states

“A vast majority of the funding was made available through formula allocation to Cities and Counties across the Country. $168 million dollars was allocated to the State of Florida. The share of funds allocated to the State Energy Office was approximately $30 million, 60% of which must be made available to non-formula allocated government entities.
The grant applications will be forthcoming shortly from Governor Crist’s Energy Office, led by Mr. Jeremy Susac. His office can provide guidance to the Town for further information. Feel free to mention my name as an introduction.”

When correct at the meeting, TM Colon told me with authority or shall I say with conviction that I was wrong and did not wish to argue with me. I do not wish to argue either, but be sure to be correct when stating something with “conviction” in a publicly aired meeting because you are our “expert” our “manager” and we must be able to believe that what the TM says is the truth and is correct.

With continuing great concern for the lack of adequate leadership shown in our Town.

Yann Brandt
Lauderdale-By-The-Sea Resident and Taxpayer

Chen and Assoc. Engineer Shaun Bamforth went further into the abyss by speaking about the “big question” one lane or two lanes …GULP!….saying we have both…talking of incorporating some designs and having 8 foot sidewalks and a bike lane!….Paul reiterated what happened with the lanes on El Mar and all that stated even with 8 foot sidewalks they will continue to walk in the street….Marc brought up the 440 parking spaces…and Paul asked for a ballpark figure for the report…Mr. Bamforth said we still had $1900 left over from the MPSC height study (recently done for P&Z/MPSC) and that would be more than enough to cover it…The Manager spoke up and said “I thought this Commission wanted to incorporate the students”…HUH?…Comm. Silverstone never disappointing in providing material said he watched the Tour De France and he would like to have art in the medians and keep the 2 lanes but have “squiggly lines” in one lane and that would be the walking lane…Michael San Miguel said they did their homework…the students did an  excellent job and we have no numbers at this point…but if it was going to be 20 million they [committee] were wasting their time….Again Ocampo talked Master Plan…the Mayor reiterated the points …walking friendly…2 lanes…drainage…residents…businesses….and parking capable…Comm. Clottey asked for the preliminary work in a week…saying “we don’t have to drag our feet.”…(That’s exactly what they should do)…Paul said they had consensus to get a number from each firm…the Mayor said with a million to use…the VM said he disagreed with that…Paul said it was what we could do with a million…and Comm. Clottey asked to save the trees or they needed to be moved elsewhere in thee town… …Mr. Bamforth felt some would need to be moved….The Town Manager wanted to make sure each company knew which project they were working with…project #1….and proceeded to point out the wrong one…She said it was missmarked…BUT…the winning project was the only model submitted (asleep at the wheel?)…Sandra spoke of the 2005 Master Plan (which shows it certainly is not outdated)…and problems encountered with maintenance…Paul said we should not call it a Master Plan…it brought forth negative reactions…and Shaun Bamforth said call it a Conceptual Plan…Paul asked to go down the list although he understood the meeting was called to address only El Mar Drive (on the agenda)…He wanted to talk of some future things for MPSC to do…Briefly they spoke of grant monies …and the Mayor said most were matching funds in this economic climate…Bus Shelters…went untouched…Paul’s pet project…a pedestrian overpass over A1A…no discussion (no money)…and parking for new restaurants…getting rid of the requirement…and this one brought out a real humdinger!…Vice Mayor/Dep Chief McIntee warned this was “dangerous” …”very political” for a board member to talk about something that could benefit themselves….saying the “perception is there!”….HA!…What a joke for the VM to be warning anybody about “perception” …Paul was not deterred and continued on about the death knell in our town from being tied down with parking requirements…and it ended with discussion on a parking garage with Jimmy-boy then stating we have an small inventory of parking spaces with none available…stating business owners should build a parking garage…not the town…Hmmm…

BC- So there you have it…to see if there is any forward movement in this million dollar El Mar Project….stay tuned for next week’s report….

Is it August yet?…..

more to come….

Tags: Boards, LBTS Agendas/Meetings, LBTS El Mar Drive Project, local government, Local Politics, Scoops
Posted in Boards, LBTS Agendas/Meetings, Local Politics, Scoops, local government

Dear Readers at the 7/14/09 Commission meeting Consent Agenda item 12 b. was the “sweetheart deal” for VM McIntee…..including an exchange between this writer and the Vice Mayor…(below)….. and the Town Manager trying to give him and herself some cover….same old…same old…

THE JUNE 17,2009 CITIZEN CONTACT CENTER FORM….which shows filled out as “Resident”…along with the address…and  “Called Chen 6/17/09″…. The Assist. Town Manager said this is where the process starts from in order to have “historic information”…and then they go and investigate it…Hmmm…(see below)….That’s’ sure some fast investigating Mr. Olinzock!….

MCINTEE’S JULY 14,2009 AGENDA ITEM REQUEST FORM….for item 16F…Notice the Vice Mayor’s large signature…and the writing next to the EXPLANATION does not look like his writing or that of the Citizen Contact Center Form…the “n”s in the Contact form are lower case “n”s…in the Agenda Item Req. are all upper case N’s…the “t”s are different etc…and a look at other Agenda Item Req. forms previously placed on the backup materials by the VM have different writing so it appears as if the VM signs his agenda request forms and staff fills out the rest….We hear it was a staff member that filled out the Contact Center Form…and was “directed” to do so…..

Consent Agenda Item 12 B…

The Mayor read the item.. Commission approval of Agreement for Stormwater System Design on SE 21st Avenue at SE 16th Street with Chen & Associates, in the amount of $4,850.00 (Assistant Town Manager Olinzock)

The Vice Mayor said he was “gonna recuse myself from this put it on the record.”…

Assist. Town Manager Olinzock came to the podium…”The proposal in front of you will provide for a stormwater retention system similar to the ones we’ve been placing in other areas of town, um one you might be familiar with is in front of um, the Old News stand. We’ll use an infiltration system that helps retain the water until it can be easily absorbed, a more friendly environmental system then attaching to the outfalls. It’s A BIT more cost effective, since we don’t have a stormwater utility fund, we’re looking for ways to stretch that dollar.”

Comm. Clottey wanted to clear her name after she said it was said from the floor she would benefit from the request….and she lives ” at the other end of the street”…Assist. Olinzock said it was “for that intersection” (in front of the VM’s home)…stating it was a low point “in that section of the sub-division”…He went on to say when we had the annexation …”We did not get any AS BUILT drawing, any stormwater system drawing, telephone and utility locations, we go LOCK STOCK AND BARREL FROM BROWARD COUNT HERE IT IS, IT’S YOURS. and we’re ATTEMPTING to make it better.”…(any corroboration on this assertion by Olinzock who was not working in LBTS at the time?)…

Olinzock went on to say …” IF SOMEONE COMES IN AND WRITES UP A CITIZEN CONTACT FORM AND REQUESTS US TO INVESTIGATE SOMETHING, THIS IS HOW WE APPROACH IT.”…Hmmm…. According to the Assist. TM a person comes in…that person writes the request…the town investigates ….BUT in the above case for the VM…it was not written by the “Citizen”……and it WAS “investigated” that very same day….OOPS!…

Comm. Clottey the said…”Commissioner McIntee (did she demote the VM?) SINCE THE MOOD OF THIS PARTICULAR AUDIENCE IS SOMETHING THAT’S GONNA BE DONE FOR YOU PERSONALLY AND A FEW OTHER PEOPLE WOULD YOU BE KIND ENOUGH TO WITHDRAW YOUR REQUEST FOR THIS?”…  (THE MOOD OF THIS  PARTICULAR AUDIENCE…YIKES!… Comm. Clottey…what in the world goes on in your mind to actually say such things as this?)…

Vice Mayor McIntee said he’d “be more than happy to withdraw my request”…but added everybody should drive by and see how really bad it is and that it is “sad that it has to be, I’ll withdraw it.”

The Mayor realized at the same time the VM did he could not withdraw it since he had recused himself and the question of withdrawal was put to the Town Atty….who said the item was put on under Assist. TM Olinzock and he can withdraw it…(HE NEVER DID)….and it’s still in the budget…OOPS!…

The Mayor then spoke to Olinzock and requested that in the future the Citizen Contact form be followed with the residents name…for she “found it strange” and “wouldn’t normally a Citizen Contact form have the resident’s name”…Olinzock played dumb saying “I don’t recall”…the Mayor said it was right there in the package…she also asked for all previous complaints to be included …

The VM- said  the Mayor” INSINUATING THAT I WAS NOT TELLING THE TRUTH MAYOR.”and wanted Olinzock to concur that there had been muliple call son the flooding problems…

Assist. TM Olinzock- ” Yes, but THE CITIZEN CONTACT CENTER FORM, WE WON’T DO ANYTHING WITHOUT DOING THOSE FORMS, SO THAT WE HAVE HISTORIC INFORMATION”…HUH?…Take a look at the form above…how is that historic information over a multiple phone call that should have been documented by staff (the best employees in Florida according to the VM…prev. post)…

Comm Dodd spoke about a similar situation with a dais member (Mayor Parker) wanting an improvement in front of his home…(underground wiring)…and how he (Dodd) put the kabosh on it when he took office…He also asked about the process…the 2nd Chen proposal that said it might not solve the problem, referring to the 1st proposal (not included in the backup) and why we were not listening to the Engineer’s recommendation….The VM jumped forward  to the mike and accused Dodd of “badgering” the Assist. TM and how he [VM] was “gonna defend our Assistant Town Manager, he’s being badgered”…No one was buying it!….Comm Dodd went on to ask Olinzock about the sewers and new streets and why this was not done then…Olinzock said “We were just doing sewers when we did that project. I unfortunately was not part of the original Bel Air sewer system ……Comm. Dodd finished by adding the $25,000.00 won’t solve the problem according to the proposal…

This writer was allowed to speak, saving my public comment to address this item…I spoke of the glaring problem with this request…that according to Olinzock it started with the Citizen request, that the Citizen request was “not written by the Vice Mayor”…

The VM said “THAT’S ABSOLUTELY UNTRUE, THAT’S ABSOLUTELY UNTRUE!”

This writer- “I’ve seen your writing .”…he was asserting it was his writing…and I said ” Well, would you like to go under oath and say that  you wrote resident? That’s not your writing.”

I went on to speak about the fact it was suspect for how quickly it was acted on…within days…2 proposals…calls to Pompano Beach…memos from staff to staff and requesting it on the 2009/2010 budget…I stated I had not seen it on the budget shown earlier at the workshop…( it was not in the June 9, 2009 Capital Imp. budget online)…and went on to talk of transparency…equal treatment…and imploring all residents and businesses to get a Citizen Contact Form and turning it in…to see if the results would be the same as the action taken on this request for the Vice Mayor….

Another resident had also asked to speak on the item, but gave her time to a resident who asked to speak as well…VM McIntee is heard (his mike was still on) saying “NO” to allowing the “resident” to speak…the other signed up speaker gave the gentleman her time…

Christopher Vincent a resident who lives in Silver Shores spoke next about the problem he has in front of his house with the swales…that also brings flooding of 7-8 inches when it rains…and how he lives with it…

Comm. Silverstone made a lame attempt to help his BFF out by saying we were “avoiding the problem” of the flooding in areas of town, and we needed to make a list of affected streets and address them…maybe bringing the MPSC in to help.

Town Manager Colon  told the Commission this was the 4th project and that Commercial Blvd. would be the next…she went on to say “RESIDENT STUART DODD ” made that request…HUH?…Comm. Dodd put it on the agenda last March as a Commissioner!…Nice try TM …to attempt to bunch the two requests together…..NOT SO!…She went on to speak of  Bougainvilla being on the next agenda……incredibly she dug a further hole for herself with the following assertions…

TM- ” Um, when Bel Air and Terra Mar and THE SCOPE of pavilion project were approved and grant funds were approved there was no drainage element allowed, so yes we do have drainage because of the elimination of the stormwater fee 2 years ago.” ….

BC- The stormwater Assessment was only in effect for 2 years…and we have had the flooding in this town for many more years than that….according to a learned friend…the stormwater fees went mostly to one area and were not used throughout the town….The Town ended up with funds ( approx. $200,000.00) left over when it was removed after finally be acknowledged as illegal to have collected…but those funds were moved from this proprietary fund…to the General Fund ….and we did not use them to deal with the existing flooding to fix the townwide problems being discussed this evening……all under the Town Manager’s watch…WHY NOT?….

Also for the TM to state…”THE SCOPE of pavilion project were approved and grant funds were approved there was no drainage element allowed”…is not so …according to the owner of Coastal Contracting (the company that built the pavilion …prev. post)… in a front page article in the Hi-Riser and in discussions with a business owner… Mr. McGeddy said the Town officials were made aware…Town Manager Esther Colon did what is now her M.O…… She told the Owner that the town did not have the funds….The TM never brought it to the Commission to ask for the funds…to request a change order…This just reeks!….It’s just like the lack of lighting for the pavilion when the construction supervisor told this writer they were told the Commission did not approve the lights because of lack of funds…It never happened…the Commission was never told about the lights…It is just like the statements made at the June 30th meeting when BSO said they were told they were being “pushed out” of their office by the Commissioners… That too never happened….it was the Manager that said they needed to move!…It is just like the Manager INFORMING the Commission of her extending the 3 year …$200,000.00 audit contract then sending a letter to the company stating the Commission accepted it…In the second year of the 3 year extension unilaterally decided on by the Manager it is on this years 2009/2010 budget with the agreed upon 10% yearly increase ..$55,000… Pompano Beach spends less for their auditors and has a less than 3% yearly increase…for a much larger …more complex municipality!….Fiscal irresponsibility!…BIG TIME…and well beyond the scope of her duties to purchase without Commission approval…

Town Manager Colon -” You cannot have the whole town at once.[stormwater systems] You don’t have a million in place to do it. There’s different types of outfall, we’re trying to remedy with the types of funds you have available.”

BC- Why were we not asked if we would have preferred to use the money not used for Palm Club sewers to do the whole town?…Why was there no consideration that it made more sense to use the 2 million for this instead of purchasing the crappy hotel for the VFD?… The Manager says she is competent in her job…this writer disagrees!…

Town Manager Colon- ” If you want to do the whole town we could always do a bond issue and get a couple of million all at one time, but we’re trying to do it the best we can.”

BC- Commissioner Dodd has sent in an agenda item for the July 28,2009 meeting to explore the bond option….GOOD MOVE!…But what happened to all the savings we were to experience with the removal of the BSO Fire Department?….Why do we not have the funds?….

Commissioner Silverstone said that made sense, but still wanted to deal with the areas ” that are the worst, MAYBE VICE MAYOR MCINTEES HOUSE IS THE WORST.”…YEAH, RIGHT!…

The VM finished by saying the flood problems started with the sewers and the road improvement…He said…”THE TOWN CREATED THE  MONSTER.”….a member of the audience said…”SUE THE CONTRACTOR”…OUCH!…

BC- As it stands the Assistant Town Manager did not withdraw the item…so the question is, is it really gone?…

more to come…….

Tags: LBTS Agendas/Meetings, local government, Local Politics, Scoops, sewer assessments, storm sewers, sweetheart deals
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

LOOKS LIKE 3 BROOMS ARE GOING TO BE GONE IN MARCH…….

Dear Readers….As I finish up on the Town Manager and her “Gang of 3″ at the 7/14/09 Commission meeting … Comm. Dodd’s agenda item under New Business concerning the Town Manager “severance package” in her contract…(prev post)…..make sure to get a copy of this week’s By-The-Sea-Future and Pompano Pelican…and read the many articles…letters to the Editor and the Editorials….concerning the insubordination of  Esther Colon……

In the previous post (#4) we addressed the scope of Comm. Dodd’s item…the “severance package” of a full year’s salary…if the Manager is terminated ….and revealed the difference between her 2 year old contract versus that of her predecessor ….who had NO such severance package…. Here is some more of what took place ….all because one Commissioner thinks  it is wrong for a Town Manager to have such an agreement…along with a non-fixed term clause ….No wonder she can be insubordinate…she holds all the cards…she saw to that all on her own!…..”Fiscal irresponsibility” to the tune of well over $150,000.00….

We left off with Comm. Dodd making his points…and then it was Comm. Clottey’s tirn…she chose to inquire from the Town Atty. on contract law and if the dais could do anything….

The Town Atty. said the following ” In general principal, yes (you cannot change the TMs contract, its binding) as long as the agreements enforced as long as it’s not been BREACHED um,  those would be the terms that would govern this.”

BC- She has breached her contract, by not having a performance review last year…for the audit that she accepted in a written letter without the approval of the Commission, though her Town Clerk wrote the Commission “accepted” it….(they did not) ….she ” informed them” of her intention , and did not present them with the current engagement letter containing the current and future charges…at approx. $200,000 over 3 years….(The 2009/2010 budget shows the $55,000- $60,000 budgeted item…whic includes the 2nd year % increase)…

Comm. Clottey went on to say that the suggestion made by Comm. Dodd to have the staff seek out info on neighboring town manager’s agreements…was “pushing it a little bit too far” and said each commissioner could make those inquiries themselves…We hear the Town Clerk did start those inquiries before this meeting…were there any responses back to the Town?…Can you imagine if all 5 commissioner called each town for the same info…But perhaps the Comm. knew full well no other Comms. would bother!…

We already pretty much covered Comm. Silverstone in the previous post…he was complicit in the managers fiction of the contracts…hers and Baldwin’s…thus making his outrage particularly disturbing to observe after revealing those facts…We guess BFF Silverstone has had so much practice in this type of behavior that he does not know how not to do it!….

It was quite amusing at the end of his “first bite of the apple” when he said ” I apologize for this ON BEHALF OF THE TOWN MANAGER CAUSE THIS IS EMBARRASSING….”…Hmmm……. Bet he didn’t know he had it exactly right!….

The Mayor tried to bring the dialogue back to why Comm. Dodd put this on …because he was requested by residents and that is what the commission is supposed to do…including the fact that Comm. Silverstone has often said this very thing himself from the dais….

Jimmy-boy didn’t disappoint…….”Let  me respond to that as Commissioner Clottey said it’s our job to do the HOMEWORK . BEFORE I PUT ANYTHING ON THE AGENDA, I DO MY HOMEWORK….” OOPS!…We guess he forgot to check his old memo from TM Baldwin on Jun 14,2006 that stated specifically to him and his BFF as new commissioners…that he [Baldwin} did not have severance…could be fired or resign without notice and his UP TO 10 week UNPAID time to do consulting…GIVE HIM AN F Professor Clottey!

His fellow recipient of the June 14.2006 TM Baldwin memo concerning his TM agreement …. VM McIntee really went to town..

VM-.” This is outrageous! It reeks of vindictiveness. It reeks of somebody who is very unhappy with the staff. It reeks of somebody that no matter what you do it’s not gonna be right. I read the e-mails that have come across all our desks, they’re outrageous, they’re nasty, they aren’t professional. They’re singling out people ah, using the excuse  that ah, asked me to do this, I got a phone call, a rumor. Ah, I just read one e-mail that specifically said that in 90 days you’re getting rid of the police department. I want a report on it. That’s outrageous! A rumor and you’re gonna call the Town Manager to task. She (OOPS) wants a report whether we’re getting rid of the fire (OOPS) police department in 90 days. It’s a year and a half. We know that that’s an outrageous statement to accept a rumor and go after the Town Manager with it. This is vindictive, this is wrong. We have a great Town Manager. We have done a tremendous job in this town. We are one of two towns in Broward County that are, that are in the tremendous financial state and it’s because of the Town Manger. This is a person that I’m not gonna get my way so I’m gonna bark and scream and holler. (sounds like the VM talking about himself inside the VFD according to the leaks) And it’s wrong and I apologize to the Town Manager and I GOT HUNDREDS , I’M NOT TALKING 20 or 30 PEOPLE ( The hall held “HUNDREDS”on 6/30/09). I’M TALKING HUNDREDS. (So where were/are they?) And she’s stronger then people realize cause they all know she’s honest, sincere and can be trusted. And that’s something that we all know. (Who’s all?) And I wouldn’t even mitigate this by accepting any part of it. If you want to know all these answers the person writing this should go get them himself and do his own homework (McIntee did not do his!) This is outrageous!”…He will come back to dig himself a deeper hole…

TOWN MANAGER COLON- ” Commissioner Dodd, ah, you’ve known me for I’d say maybe 2 years? There’s some members on this dais that know me for 9 years. (Silverstone?) If you think for one moment think that I have been a Town Manager for one year (Comm. Dodd said 2) I guess we haven’t been sittin’ on the same dais. But there are many residents , residents that support me, residents who don’t support me. I think both sides. I am not changing my ways but since June of 2000 that I’ve walked in this organization I  have been assigned the task of Assistant Town Manager many a times.  In the interim of Laura Ward before and after Laura Ward was here. I was also assigned the task of Assistant Town Manager. I was never compensated for that task,  I never asked to be compensated for that task. But maybe you read the Pompano article a couple of years ago OOPS..it was a couple of months ago) that a manager was there for 1 year  and he received a 1 year severance pay. (and the Pomp. Bch taxpayers were outraged!)  I HAVE NO PROBLEMS WITH MY CONTRACT. (Now we know why…prev. post) I know that I am more than competent. The problem  is that I am gonna NOT bend for any elected official that doesn’t like my managing style. (Nope that’s reserved for the gang…especially McIntee)…AND I’M NOT CHANGING. THIS IS WHAT, THIS IS WHAT I AM . THIS IS WHAT THE FORMER ADMINISTRATION AGREED WITH THE CONTRACT. And you like me you don’t like me that’s ok cause I’m still comin’ to work and I’m still doing my job and I’m gonna have my smile and I will support my staff tooth and nail. You can investigate whatever you want and I HAVE A LEGAL AGREEMENT DRAWN UP BY THE PREVIOUS TOWN ATTORNEY AND EXECUTED BY THE PREVIOUS TOWN COMMISSION. ( they were hoodwinked!) But not for one moment you or any residents out there that I really don’t know what you’re sayin’ think that I’ve been sittin’ here and assuming all of these responsibilites for only one year (No one said 1 year) cause that is not the case.”

BC- This …after the the “waiving of the fees” diversion to the noise ord….the RFP stubbornness…and the “sweetheart deal” for McIntee…makes many wonder how much further she can go with her “competency” as TM….

Comm. Silverstone jumped in again…and boy was it a beaut!…

“Just to add to that business in the integrity that Esther is saying right now. By getting rid of or transferring Chief Gooding  that’s probably the worst thing that could happen for me , for my political career, if I, if I decide to run again. If that’s not proof that I didn’t have anything to do with that I don’t know what is! ESTHER MADE THIS DECISION BECAUSE IT WAS THE RIGHT THING FOR HER , THE RIGHT THING FOR THE TOWN OK. IT WAS MADE ON THE BASIS THAT FOR MYSELF OR FOR VICE MAYOR MCINTEE OR ANYBODY ELSE UP HERE. IF THAT’S NOT PROOF ENOUGH, so everybody’s coming up to me and saying all this garbage and nonsense look at the facts. If the intent was to get me re-elected more easily or whatever the case may be or not by the action the Town Manager took has been a negative impact on that. Now that’s proof that she is not political. If she was political and would hear of that she would re-consider that. She didn’t do that SHE DID WHAT SHE THOUGHT WAS THE RIGHT THING TOWN AND AT THE END OF THE DAY THAT’S HER JOB. WHAT IS RIGHT FOR THE TOWN AND I APPLAUD THE TOWN MANAGER FOR DOING WHAT SHE DID. And I yield”

BC- Commissioner Silversone has now sealed his fate …he is a ONE- term Commissioner …for his opponents will use this in their campaign to remind all he “applauded” the TM for “getting rid of ” Chief Scott Gooding!…WOW!…

The Mayor tried to move on to the next item…but the Vice Mayor wanted to go for a second “bite” at that apple…

VM- ” No, no I’m still doing my second bite of the apple Mayor, thank you. I mentioned an e-mail, I’m gonna read it to everybody at home and here, this is to Ms. Colon from Stuart Dodd …(Below is a copy of the e-mail the VM read)….

July 9th 2009

Dear Ms Colon,

I would like to be in a position to categorically confirm or deny whether any of the rumors I’m hearing from several sources have any validity. Normally I would not give such rumors the time of day but I am still trying to make sense over the dismissal of Chief Gooding. Under the current contract I understand the BSO police department can be terminated with 90 days notice. I would like some form of statement from the manager please that confirms or denies that any work or proposals to terminate BSO are under consideration. Are the budgets being revised and the costs of such a move being evaluated with the aim of forming a Lauderdale by the Sea police department in the near future or early 2010. A “fluffy” statement to the effect that the “ manager can be expected to look at all options” is not an acceptable reply. Are you prepared to notify all commissioners that you have not done any work, are not doing any work nor have you been asked to do any work with respect to producing figures for establishing our own police department again?

I look forward to your reply – You might also want to say a few words at your manager’s report at the next commission meeting to dispel the many rumors.

Many thanks

Stuart Dodd

BC- I was thrilled the VM read it…for first it showed this was NOT a nasty e-mail…it was a Comm. doing his due diligence…and second it dispelled the erroneous statements the VM kept making that night about rumors and “lies” that the Manager /Gang would replace the police in 90 days…What was asked in this e-mail/ on this site and in the local papesr was/is the 90 DAY NOTICE GIVEN to the BSO police…knowing (prev. post) that the BSO contract states the BSO will stay to transition in a LBTS police dept. for as long as it takes to provide the same level of public safety (HMMMM, if that really is the case…BSO is here to stay!)….

The VM added commentary to Comm. Dodd’s e-mail…saying it was “outrageous”…”The Town Manager has a responsibility to look out for the good and fiduciary and honesty and sincerity of this whole town. And, and to send a nasty e-mail like this is outrageous, just plain outrageous….going on to say town staff moral is low…”most of the commission smile and laugh AT them (OOPS!) , try and go out of our way to be good”….going on to say Comm. Doddd doesn’t say hello to them (who says?)…and said ” I think we have the best town employees in Florida”…and that he deplores this…

BC What the VM did not include was the e-mail response to Comm. Dodd from the Town Manager to this particular e-mail…”Memorandum July 13,2009 …She answered a few of Comm. Dodd’s e-mails…in this one memo

“In reference to your email dated July 9, 2009 (4:45PM) please be advised that any elected official with fiduciary responsibility should be able to validate rumors that consist of any preposterous three month transition concerning public safety. I will not respond to your questions, as I don’t acknowledge rumors and I will wait for a policy from the Town Commission pertaining to any contractual services.”

BC-HUH!….Re- read it folks….re- read it!…YIKES!….

Commissioner Dodd tried once more …and when he misspoke …due to the late, late hour approaching midnight…(He was the only vote for the meeting to continue the following day)…..as he asked the TM when she was elected…It was Jimmy-boy who pounced on his mistake (Jimmy-boy …get real!)…Comm. Dodd rephrased it to ask when she was promoted …when she became TM…

TM- ” I really don’t know the exact date, I’ve been doin’ it for so long”…

BC- April 24, 2007….voted in 5-0…..May 22, 2007….received contract….and was Acting TM for 11 weeks before the vote per her own words in the 4/24/07 meeting minutes…

Comm. Dodd went onto clarify after all the diatribes from the “Broom Boys and the Broom Flyin’ Gals”….his original points of making sense of the Scott Gooding situation….the aftermath in town…….his right to e-mail for the answers and that those e-mails were perfectly professional and there was absolutely nothing wrong with them…in requesting the TMs policy and position…along with addressing her severance agreement….

The last words went to the Town Manager…and they are words that all should read and remember…..and then decide…if it might be worth paying 1 years severance to replace her ASAP!…

TM Colon -” I informed you I would not interrupt Commissioner Dodd anymore but I will inform every member of this dais one more time! I will not have one Commissioner tell me how to do my job, when to do my job, who to fire , not to fire, what kind of little deals people have, what kind of rumors going on out there because that’s not the way I work! And if that is what is bothering any particular Commissioner it’s gonna keep on bothering you because when 1 Commissioner comes in to my office and asks for a document. I tell that Commissioner if I have it available on my desk I will give it to you, but I am not gonna drop and I have given specific instructions to my staff that they will not drop what they’re doin’ to respond to THAT COMMISSIONER because he is a Commissioner! Every Commissioner and every resident has the same right and the same treatment (HUH?) and if any Commissioner wants statements of who I talk to and who I don’t talk to, I will tell you as you has come to my office from the best of my recollection. But I am not gonna be quizzed by you or any other Commissioner on what I do and what I don’t do cause the only thing I do is follow the law and do my job. And we can have this argument everyday and I WILL CONTINUE TO DEAL WITH YOU COMMISSIONER DODD because I will tell you personally and I’m tellin’ every Commissioner on this dais you get more with honey then with vinegar (Listen to your own words much?) and YOU HAVE A HABIT OF SENDING E-MAILS and I have them because I RESPOND TO THEM ALL OR I RESPOND BY SAYIN’ I WON’T RESPOND. SO WE CAN HAVE MY CONTRACT ON EVERY AGENDA, YOU CAN INVESTIGATE EVERY COMMISSION, BUT COMMISSIONER CLOTTEY I APOLOGIZE I CAN GUARANTEE YOU IT WILL PROBABLY BE A REAL, I THINK IT’LL NEVER HAPPEN, BUT I ASK ANY COMMISSIONER WHO THEY WOULD LIKE ME TO HIRE AND FIRE (We hear she did just that with hiring the Fire Marshall…per VM McIntee) WHICH RFP YOU WANT ME TO ISSUE AND WHICH VENDOR THEY WOULD LIKE ME TO TALK TO (We hear she did just that with the VM and the VFD canopy, command car etc….) BECAUSE HONESTLY THAT’S NOT MY STYLE (we know!) I  AM A NEUTRAL (polarizing!) PERSON. I DO MY JOB AND YOU’RE THE POLITICIANS, I’M NOT. YOU SET POLICY, I DON’T!”

BC- We hear Yesterday the Town Manager had staff deliver letters of thanks to July 4th volunteers, hand signed with seal of LBTS pins attached….HMMMM. sounds pretty political to me!…”Campaigning to keep her job?” came to ind…

In closing…how in the world could the dais have moved on after this? I agree with the 2 local newspaper Editors (from the non- Gang publications)…Town Manager Colon should be fired!!!!

more to come…

Tags: BSO, LBTS Agendas/Meetings, local government, Local Politics, scoop, town manager colon
Posted in LBTS Agendas/Meetings, Local News, Local Politics, Public Safety, Scoops, local government

IT’S PURE FICTION….

Dear Readers …Here is the first part of the New Business agenda item put on by Comm. Dodd that got this writer doing a little research……. How did the Manager’s assertions stand up to the facts….concerning her contract and that of her former boss….The results are quite astonishing….BUT, why am I not surprised?….

New Business item 16 C…..

Discussion and/or action to instruct Town staff to investigate: 1) Terms of contract termination agreements for surrounding municipalities, and 2) Ways to minimize termination costs for immediate firing, resignation and allowing a manager to finish the terms of the current contract (Commissioner Dodd)

The Mayor read the item…

Comm. Dodd – ” Yes, I put this on the agenda because I received a number of calls um, I’ve received a number of requests that we get rid of the Town Manager and not Chief Gooding. So I decided I would put this on the agenda because I had no idea as to what the approximate costs would be. I understand the Town Manager wrote her own contract and I would  need the Town Attorney to clarify. As I read the contract this dais would need to pull 1 years salary to terminate under the current agreement. So frankly if you’ve only been in a job for 18 months the entitlement to 12 months pay if you’re terminated strikes me as a little bit excessive. And I wanted to make sure that every single commissioner up here was aware of any of the implications taken when people say well get rid of the Town Manager. I want to go on and say that I currently don’t  want to terminate the Town Manager’s contract. Um, I would like to do a full review because I have some comments that might be helpful. I will carry on working from the outside and put items on the agenda for discussion and continue to question in depth the workings of the administration and if I find them lacking I will publicly bring it to your attention out there. And I would like the commission’s approval to ask staff to follow up and have the answers presented at the next meeting in in a tabulation form so that any elected official up here knows the full costs and can answer the questions from the residents who continue to press for the Manager’s dismissal. I will also request the Town Attorney answer how do we change the contract to realistically provide the correct remuneration for the termination that would be commensurate with service. Because I don’t believe that TWO YEARS of service warrants a full year’s salary. And that’s why I put this on the agenda…..”

BC- Comm. Dodd was referring to  this…ACTING Town Manager Esther Colon was asked if she wanted to be Town Manager at the April 24, 2007 Commission meeting …on page 25 of the archived minutes …

Consent Agenda item G….”Discussion and/ or action regarding how to proceed on the issue of Town Manager Baldwin’s resignation (Mayor Parker —-tabled from 4/10/07)

Mayor Parker stated the Commission had accepted Mr. Baldwin’s resignation….and said they needed to take steps to figure out what they were going to do…Comm McIntee motioned to have Esther Colon appointed TM and requested the TM car be returned immediately…”He stated the Town workers have a right to know who their boss is”…Discussion followed about keeping Esther Colon as Acting TM while they looked for a permanent TM…Comm. Clark asked Esther if she “was agreeable to that”…

“ACTING TOWN MANAGER COLON STATED THAT SHE WAS TIRED OF SITTING SECOND FIDDLE TO EVERYONE. SHE SAID EITHER SHE’S THE TOWN MANAGER OR SHE’S GOING BACK TO FINANCE.”

Mayor Parker asked her if she was willing to take the job permanently…

“ACTING TOWN MANAGER COLON STATED SHE IS WILLING TO TAKE THE POSITION WITH THE SAME CONTRACT THAT ROBERT BALDWIN HAD WITH THE EXCEPTION THAT SHE WILL NOT WORK ON A DAY TO DAY BASIS.”

Mayor Parker moved …2nd by Comm. Clark to appoint Esther Colon as Town Manager with “THE SAME CONTRACT AS ROBERT BALDWIN WITH ONE EXCEPTION.”

Comm. Yanni asked if the Town would need a new Finance Director…

“ACTING TOWN MANAGER COLON STATED THAT FOR 11 WEEKS SHE HAD BEEN DOING FIVE JOBS, AND THE ONLY THING SHE IS ASKING OF THE COMMISSION IS THEY HIRE PROFESSIONAL PEOPLE IN TOWN. SHE SAID IT MAY TAKE LONGER, BUT SHE’D RATHER HAVE A DECENT STAFF THAT CAN WORK TOGETHER TOWARDS.”

There was some posturing between Comm. McIntee and Mayor Parker over who made the motion for her TM position and then everyone withdrew their motions….Comm. Silverstone made the motion and VM Yanni 2nd it to appoint Esther Colon TM immediately…..the motion passed 5-0

At the  May 22, 2007 Commission meeting on page 19 under Consent agenda…..

” Commissioner Silverstone stated that Esther took over Robert Baldwin’s old contract, and in that contract he was given 10 weeks off a year that was supposed to be unpaid”

“TOWN MANAGER COLON INDICATED THAT HER NEW CONTRACT DOES NOT INCLUDE THE 10 WEEKS.”

“Comm. Silverstone stated that she was being paid the same but working more, and thanked her for doing that.”

Mayor Parker wanted to correct Comm. Silverstone’s statement…Baldwin’s 10 weeks were” UNPAID LEAVE  and if he took it it would have reduced his salary”

“Commissioner McIntee said that Town Manager Colon took the 10 weeks out of the contract without anyone asking her to do so. He said that if she is gone for ten weeks, then the second in command has to step in and get paid 10% over his payroll. She stated she gave the commission a very nice gesture without asking for it. . SHE SAID SHE REMOVED OTHER THINGS AS WELL, ON HER OWN.”

THE MAY 22, 2009 AGREEMENT…(LBTS/ESTHER COLON)

3.0 TERMS OF EMPLOYMENT

3.1 In accordance with Section 5.3 of the TOWN Charter, the Town Manager serves at the pleasure of the TOWN commission and the TOWN MANAGER’S TERM OF EMPLOYMENT IS THEREFORE NOT FOR A FIXED TERM.

3.4 THE TERM OF THE TOWN MANAGER SHALL BE DEEMED TO HAVE COMMENCED APRIL 24, 2007.

4.o Termination of the agreement (page 2 of the contract)… 4.0.1- can only come from a mutual agreement/4.1.2 the TM’s sustained inability for 90 calendar days in a 120 day period to perform all or substantially all of her duties and obligations pursuant to her contract as a result of physical or mental illness or condition/ 4.1.3 Town Commission’s unilateral decision of the TM’s 4.1.4 death or 4.1.5 resignation

5.0 Unilateral decision of the Town to terminate…5.1 in writing , following a vote by Town Comm. and need not reflect performance related reasons…..5.1.1 365 days severance pay less customary withholding/ 5.1.2 reimbursement for unreimbursed expenses/ 5.1.3 an amt. for all accrued and unused vacation leave/ 5.1.4 an amt. for all accrued  and unused sick leave/5.1.5 an amt. for accrued compensatory time prior to appointment as TM

Page 3 …if the termination of the TM is mutually agreed to (6.0 ) …severance benefits are agreed to…meaning negotiated….disability or death (7.0) base salary to  date of death or last day of work if disability and reimbursement for reimbursed expenses…accrued leaves,,,life and /or death benefits/ accrued compensatory time prior to apt. as TM/ resignation (8) same as 7.0…and the TM has to put resignation in writing through Town Clerk…with resignation within 30 days…of notice…

AGREEMENTS WITH FORMER TOWN MANAGER BOB BALDWIN….

At a Special Commission Meeting Wed. August 23,1995…. the Town entered into an agreement with Bob Baldwin…it was based on his predecessor’s July 11,1994 agreement (below)…The meeting minutes say the previous TM was suspended with pay…they needed an interim TM and contacted Baldwin who was there 1st choice when they hire the TM in 1994…Baldwin was available…after much discussion Vice- Mayor Parker moved to ask the Town Atty. to offer the TM position on an interim basis to Baldwin under the same terms and condition as the outgoing TM…

[From the ] THE ORIGINAL July 11, 1994 Contract that was used for Town Manager Baldwin….

page 1…Section 2…Term

A . “Employee agrees to remain in exclusive employ of employer until September 30, 1996……

B. In the event written notice is not given by either party to this agreement to the other ninety (90) days prior to the termination date hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of two years.Said agreement shall continue thereafter for two year periods unless either party hereto gives 90 days written notice to the other party that the party does not wish to extend this agreement for an additional two year term.

C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Commission to terminate the services of employee at any time., subject only to the provision employment, then Employee shall give employer two (2) months notice in advance, unless the parties agree otherwise.

Section 4: Termination and Severance Pay

A. In the event Employee is terminated by the Commission before expiration of the aforesaid term of employment and during such time that employee is willing and able to perform his/her duties under the agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to four (4) months aggregate salary, benefits, and deferred compensation. Employee shall also be compensated for all earned sick leave, vacation, holidays, compensatory time and other accrued benefits to date. If employee is terminated for cause or conviction, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in the above paragraph.

A Dec 28, 2001 letter to the Comm. from TM Baldwin says that he was appointed as an interim manager under the same terms as the previous manager…agreed that his tenure was on a week to week basis OBVIATING  THE NEED FOR THE SEVERANCE  PROVISION or notice requirements in the contract….Baldwin then states the Commission requested he drop the word interim on the title…and the Commission made changes to the Manager’s pay and benefits, The week to week basis of his apt. remained unchanged and he continued to SERVE at “OUR MUTUAL DESIRE”…

LAST PARAGRAPH….

” If you have any residents approach you on my behalf for a long-term contract, they are not representing me. I remain satisfied serving at your pleasure, on a week to week basis,

WITH NEITHER CONTRACTED SEVERANCE PAY NOR NOTICE REQUIREMENTS.” Bob Baldwin

A Town of LBTS Memorandum June 14, 2006…to the Commission (including Comms. McIntee/Silverstone) from TM Bob Baldwin….subject Employment Contract…

“Because some of you were not on the Commission when my employment contract was approved, some questions have arisen; let me remind the Town of a few points concerning our agreement.

The Commission employed me as Acting Town Manager under basically the same terms as the prior manager. I was hired with the understanding that I had other employment obligations and opportunities. The Commission agreed that I was hired on a week to week basis and that I only was required to give five days notice if I needed to resign. Though not discussed, presumably, I WAS NOT ENTITLED TO THE SEVERANCE PAY PROVISION OF THE CONTRACT IF THE COMMISSION DECIDED MY SERVICES WERE NO LONGER NEEDED.

The Commission also agreed that I could seek and participate in other job opportunities, allowing me up to ten weeks per year, unpaid, to perform consulting assignments.

THIS IS THE STATUS QUO, AND THE TERMS UNDER WHICH I AM CURRENTLY UNDER CONTRACT WITH THE TOWN.”

BC- There you have it, unless there was another contract drawn up that I have not been privy to ……between June 2006 and the beginning of 2007….the exchange that took place between Comm. Silverstone and TM Colon on July 14th….was not the case……see below…

Back to….July 14,2009 …Commission meeting…

Comm. Silverstone- (responding to Comm. Dodd’s item and comments)….” Well I think this was totally inappropriate and I think it’s also totally inappropriate to put this on the agenda and then state that you have no desire to ah, to um, remove the Town Manager . Point of clarification for the Town Manager. AH, TOWN MANAGER DID YOU DRAW THIS CONTRACT UP?

TM-” THE FORMER TOWN ATTORNEY WITH THE APPROVAL OF THE COMMISSION.”

CS-” AND WASN’T THERE AN EXISTING CONTRACT WE HAD WITH MR. BALDWIN AT THAT TIME , SAME CONTRACT RIGHT?”

TM- ” JUST ABOUT THE SAME EXCEPT UM, I DID NOT GET THE 10 WEEKS OFF, IF I WOULD’VE KNOWN THIS THEN I WOULD HAVE REQUESTED IT.”

CS- LAUGHED! “THAT’S AN IMPORTANT POINT , THE OLD CONTRACT THE THING THAT  WAS CHANGED WAS THAT THE PRIOR CONTRACT HE WAS GIVEN 10 WEEKS OFF TO DO ANYTHING HE WANTED, AH, WHAT WAS CHANGED ACCORDING TO THE TOWN MANAGER WHICH WE JUST HEARD THAT WAS REMOVED.”

BC- Not quite the case Jimmy -boy…according to the archived papers…

Former TM Baldwin began his appointment with a contract carried over from the prior TM….then modified with the Commission…….not the contract that TM Colon now has …(again, she is on the record saying she “removed other things as well, on her own”…5/22/07)….

Former TM Baldwin had no severance package in his agreements let alone a years salary  as TM Colon now has in her agreement………

Former TM Baldwin served under “mutual desire”in his agreements… not at the “pleasure of” that provides the  3.1″employment clause….containing NO fixed term” as TM Colon now has in her agreement…

Former TM Baldwin did have UP to 10 weeks UNPAID…to perform consulting assignments…..in his agreements…

BUT which really is the better deal?…

In this taxpayer’s opinion….without a doubt…Former Town Manager Baldwin’s contracts were better for the Town…”FISCALLY RESPONSIBLE”….

And Town Manager Colon…was without a doubt….”FISCALLY IRRESPONSIBLE” for the taxpayers from the moment she signed her non- fixed term contract!…

More to come…on this item on the agenda….

Tags: LBTS Agendas/Meetings, local government, Local Politics, Scoops, Town Manger contracts
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

COMMISSIONER SILVERSTONE TOOK A DETOUR….

Dear Readers …Here’s the rest of the 7/14/09 Consent Agenda item A. exchange …(prev. post Waives….below &  LBTS agenda & scoops cat.)…..

Mayor- ” We still haven’t approved this special event permit, so there’s still a special event permit by the Athena for Sat. October 31st til November 1st 2009 to 11 pm.”

Comm. Silverstone- ” I just have a question I notice that the representatives from Village Pub and Grill , You guys have any thoughts about this? Is that why you’re here or …”

Mayor- ” Well I would ask as Chair of this um, since the representatives of the actual event itself are here, why don’t we both have them speak?”

CS-” Well, I have the floor.”

Mayor- ” I am the Chair”:….APPLAUSE!….” If you want to recognize them would you like to go through me?”

CS- ” Fine , whatever you want to do.” …

BC- Comm. Silverstone was miffed!…

Mayor- ” Mr. Marchelos I will recognize you and then I will recognize whatever questions Commissioner Silverstone has for Mr. Gadsby.”

BC- As Mr. Marchelos walks the the podium VM McIntee still had his mike on and looks at the Manager and say “Ah, nothing!”…OOPS!…

Louis Marchelos- ” With all these code fees I, personally would be willing that if BSO does come out and tells us to stop it and if we don’t you just void our permit for the whole year for anything I ever do, cause the past year we’ve never had a problem. So if that’s what the Town Manager wants to do. Don’t charge us for these code fees, if we do have a complaint and do not stop it we’ll just terminate the whole event and I won’t do an event, not forever but hopefully you could penalize me for a year or two years.”

BC- The crowd told him no….not trusting the “Gang” and how they would use such an offer to cause them (Marchelos) more grief!…

LM- ” OK, well anyway we’re here to work together um, this event is taking place on Saturday and Sunday during the craft show. The street is closed during the craft show ah, basically our parking lot that evening is basically dead because there’s no cars traveling up because of the craft show. I did speak with the Chamber and I asked would it be a conflict if we would do this event and they sent a letter in and said no. I spoke with Mr. Gadsby, but I’ll let him speak and ah, thank you.”

Vice Mayor McIntee- ” Wait a minute, I have a question. Mr. Marchelos there is no charge nor have you been charged for having any town personnel there. What the Town Manager said is the only time you will be charged is if the Sheriff went to the scene and you didn’t respect his wishes and they had to call somebody in. You have confirmed that won’t happen so you’ll never be charged.”

BC- The VM was still trying to skew the motion that just failed made by Comm. Dodd concerning “waiving” the personnel “presence” reimbursement required in this permit …YIKES!

LM- ” OK, but we’ve been informed by Town staff when they’ve come at night and they’ve told me we have to be here for four hours, it’s a minimum of three hours, double time and you will be billed, you will be billed.”

VM- ” Have you been billed?”

LM- ” Ah, this just started about a month ago a month and a half ago and they said we will be billed.”

VM- ” Who is they? What person?”

LM- ” Town staff.”

VM- ” Who?’

LM- ” I am not gonna talk right now and get the person in trouble and get fired”….APPLAUSE!…”But the bottom line is that when they said we will be billed for coming out I think that’s unfair and they were there Friday night during Dave’s event , they were there this past Saturday night and we’ve done nothing wrong and you know I look at the paper and the Galt Ocean, 33rd street every Sunday night six to ten I see the Bahia Mars 78 thousand dollar event so…”

BC- The Mayor said Comm. Clottey had a question…CLUELESS CLOTTEY ALERT!…

CC- ” Yes, Mr Marchelos um, sometimes when people get excited they don’t hear what a person is saying and I have a feeling this is what I’m hearing from you.”

BC- The person not hearing or comprehending…is the commissioner herself!..It gets worse!…

CC- ” The Town Manager has said and we’ve also talked to the police chief and he said that if somebody complains about you the police will come there first and if you do what the police ask you to do whatever it is, there, you will not pay anything. Only if you refuse to do what the police as you will there be any charge for a code enforcement officer. So if you have the Town Manager and you say something publicly in a commission meeting I think that overrides anything else that somebody else has told you.”

BC- No comment is necessary…to surmise this is crazy to actually believe it is….well?…It gets worse…read on….

LM- ” Um, Commissioner Clottey on the permit we sign every Saturday night there is a line in the middle of that page that says we will be charged for fees UNLESS this commission waives it. That’s what it says, so that’s why I am up here. UNLESS this commission waives it they could charge us!”

BC- TOUCHDOWN!…

CC- ” If you do not abide by the police.”

BC- She did NOT read the permit!…

LM- ” It does not say that! It does not say that! Let’s be factual.”

CC- ” Let’s wait , if you do get charged , come back and this commission will take care of it.because I don’t believe you will be.”

LM- ” I got your word on that?”

CC- ” You have my word.”

LM- ” Thank you.”

BC- WOW!…Rather than to vote to waive the fees …Comm. Clottey acted just like VM McIntee acted when he recently told Dave Gadsby to come to the comm. and tell them if he [Dave] couldn’t pay for fees to use the street…when that issue was discussed…We now have a commission of GODFATHERS!….. What about following the laws of the town?…Hmmm…

The Mayor called Mr. Gadsby…

Comm. Silverstone- ” Oh, first of all Dave, I need to talk to you about this. I see you back there. I don’t know if you want to say anything, you don’t have to to say anything at all. I’m inviting you up in case you did want to speak on it. So, I’m not putting you on the spot or anything so…”

BC- Spit it out Jimmy…

Dave Gadsby came and said the event did not affect his business…he was not involved with it…he had no issue with it and would answer any questions.

CS- ” I do have something else, I still have the floor. The Halloween, the Town’s Halloween party is also on Saturday night the 31st and normally what the town has done is trick or treat the kids through the downtown area and all the restaurants and shops.”

BC- The full audience decried the assertions as false!…This had not been done in years…

CS- ” That , that may be planned. It’s been planned. Historically it’s been done that way. If we decide no to do that I don’t have a horse in this race, but I’m just bringing it up as a point of information. If whoever is gonna do Halloween needs to be aware of that um, um, but I don’t, I don’t really have an issue with it. I yield.”

BC- He was covering all the Furth bases…

The Mayor said the Vice Mayor had a question…

VM- ” I, I there was discussion and it was said 2 day events were not gonna be allowed and we were not going to have any events that competed with a town wide event and Halloween ah, is the night Saturday night. I have zero problem with giving them permission to set u on Saturday and go all day on Sunday, but it’s a townwide event the Halloween and we probably draw a couple thousand people Halloween maybe 1000 to 2000 and that’s alot of kids, alot of parking and I have zero problem with oking a setup on Saturday and an all day party on Sunday. But not a 2 day party because it’s a townwide event and we’re not oking 2 day events.Well in all fairness because we ALL decided I think it was unanimous that if there was a townwide event.”

Comm. Dodd “NO!”

VM- ” If it was a townwide event we would not compete with a townwide event. But again, I’ll support setting up and the next day he can have it but ah, not a 2 day event.”

BC- Do the ” Gang” have messages coming in behind the dais from Town Hall East?…

CD- ” Can I make a point of information? I guess you mean SOME 2 day events because correct me if I’m wrong , isn’t the craft show a 2 day event?”

BC- Don’t skip this response from the VM…

VM- “That’s not what I’m saying at all Commissioner Dodd, you’re, you’re filibustering! What I’m saying the craft show is over at 5 o’clock. The children’s event is the second night (OOPS!…2nd night is Sun!) the craft is not a, a that the craft is a beneficial for the whole southern part of Florida it’s ah, set up for ah, it’s a history. “…LAUGHTER!…”But, it doesn’t compete with a townwide event. Townwide events at night, the craft is during the day.”

BC- The Vice Mayor took a nose dive on this one…big time…and the Chamber should make sure at budget time to bring these words of how “beneficial” they are …how “historical” they are to the “whole southern part of Florida” they are when the VM votes to cut their funds!…

Mayor- ” OK, excuse me, first of all historically the, I’ve been in town a long time. I don’t recall ever having trick or treating down in downtown. The event is held up here at Jarvis Hall which really would not interfere with anything that is supposed to bring business and bring everyone to town so that it will bring money to the town bring everything we want to achieve so I, don’t understand the thought process going on here that we would deny this applicant something that is for our community. Um, so I would respectfully ask that you think about this and vote accordingly”…APPLAUSE!…

BC- This is why folks,  if we see a re-match in 2010…Minnet VS Peanuts Wick…voters should  see on tape these 2 sitting in that center dais seat…( Peanuts is P & Z Chair) and the outcome definitely is gurarnteed  same…Thank goodness!…

The Mayor and the Vice Mayor went back and forth about parking with the Mayor asking where people parked for 4th of July and saying she was sure we would be able to handle it….She should make note with 1000-2000 coming for the Halloween party…better line up the port-a-potties…Jarvis Hall bathrooms are not easily accessible due to the haunted house!…

The Mayor acknowledged the motion made Comm. Dodd…2nd by Comm. Silverstone for discussion and asked for a motion for approval for the event…Comm. Dodd said “So moved.”…the Mayor again handed the gavel over to the Vice Mayor to be the 2nd …(again he had no mike on and hit the gavel down)…

VM- ” Motion for approval seconded by the TOWN MANAGER”…(OOPS!)…LAUGHTER!…” excuse me the Mayor, no discussion, call for the vote.”

BC- We all watched waiting for the expected 3-2 …BUT surprise, surprise…Commissioner Silverstone took a detour and voted to allow the 2 day event for Athena…He was roundly applauded for his independence!…

But…remember….he is on the prevailing side…and if he was “Furthed” after the meeting…he can bring it back to join the “Gang” once more!…Time will tell!

More to come….

Tags: Hallowen events, LBTS Agendas/Meetings, local government, Local Politics, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

WE 3 PLEDGE ALLEGIANCE….

Dear Readers…Here is the first part of the exchange dealing with the Athena By The Sea Special Event……most of it verbatim…because…you have to see it in black and white and ask yourselves….who is the real leader these days in the “Gang of 4″?…

12  Consent Agenda…

a. Commission approval of Special Event Permit application for Athena by the Sea’s “Wine and Food Festival” event, Saturday, October 31, 2009, at 8:00 AM till Sunday, November 1, 2009 11:00 PM (Assistant Town Manager Olinzock)

BC- On page 2 of the backup…is the Special Event Permit Application….#9 on the list of requirements…

” UNLESS WAIVED BY THE TOWN COMMISSION, TO ENSURE COMPLIANCE, TOWN ADMINISTRATION WILL AUTHORIZE ADDITIONAL HOURS TO TOWN STAFF AND THE APPLICANT WILL ACCORDINGLY PROVIDE REIMBURSEMENT TO THE TOWN FOR THIS PRESENCE” ….

Commissioner Clottey ” I’m gonna pull the first one……I’m gonna move that we ah, give the applicant one day whichever day they choose to have this event because I don’t think we should be allowing one business to do a two day event.”

Commissioner Doddd- ” Um. yes I’ve got three motions on this particular subject . If you would like I’d like to make my first motion that we waive the fee for the code person. It’s up to the Manager if she wants to authorize code to be present on the Town’s dollar but  I would like to make  a motion that this ah, Commission waives the code fee for this particular event.  Anybody want to second it?”

Mayor- “I’ll second it”…as she handed the gavel to the Vice Mayor…

BC- Comm. Dodd was trying o do what the Manager said at a prior meeting was the only way to stop the business applying for a special event permit from being required to have a code officer at the event and to reimburse the Town for the cost ….It was an addition to all new Special Event Permits enacted with the new permits applied for by Village Grill and Athena a few months ago (prev. post)…The addition was not noticed by the Commission and was not brought to their attention by the staff…It was a “gotcha” put in for fees….and as stated the only way to remedy it for the Commission to waive the fees….

Vice Mayor McIntee-” I’ll save you the trouble, I’ll second for discussion then you won’t have to go back and forth ok? For discussion? Town Manager do we send an individual citizen a charge for that?”

Town Manager- ” I have not charged any business person any fees for a code officer. The only fees they have been payin’ for is special detail officers.”

VM- ” So what’re you asking for Commissioner Dodd?”

CD- ” Ah, I’m asking to waive the fee that may or may not be applied according to the permit. Because in the permit it says the fee will be applied. So I’m asking that it be waived.”

VM- ” If the Town Manager , Town Manager respond to that?”

CD- ” In which case if she’s not going to apply the fee then take it off the permit.”

TM- ” There’s a noise ordinance. I must abide by the law of this town. If there is a violation of the noise ordinance and we have to call a code officer in, that code officer will have to be paid and someone does have to pay for it. We still abide by the noise ordinance. As of this date we have not had to call anybody in. The code people on staff have have been monitoring the events during flexing hours.”

BC- So the Manager has now veered off the subject Comm. Dodd was speaking on…the code officers that will be present at the events and will be paid for by the applicant… …and the “Gang of 3″ will follow…like the 3 Stooges!…

VM- ” Ok, so in fairness what you’re saying is unless there’s an official complaint about the noise there is no charge for a code person to be at this event or any other events?”

TM- ” If I do not have to call them in for a call in pay, yes.”

VM- ” I withdraw my second.”

BC- The Blind leading the blind ….

CD- ” Ah, could you clarify that again that they only get billed if there’s an offense, is that what you’re trying to tell me?”

TM- ” No Commissioner Dodd, I am sayin’ that if a code officer has to be called in for call in pay because there is a violation of a code ordinance that individual has to get paid. And if there is an event that the music is on at 10:01 and a code officer gets called in , has come in from their house to respond to that, that code violation which is the law of this town then someone has to pay for that call in pay. Just like they pay for special deputies on duty they have  to pay for code officers on duty.”

CD- ” So they’re not gonna pay for three hours for being there all the time counting the number of people for the toilets, is that what you’re telling me?”

TM- ” Like I said, I said to you that the code officers are there during the night and we accommodate their schedules. We flex their hours. If there is no problem, there is no charge.”

BC- Not what the special event permit states….

Mayor- ” Point of  information, if a resident does call at 10:01 because they feel the music had continued on then you do have to call code enforcement, what would be the minimum charge ? Is one hour, two hours, three hours?”

TM- ” We have to pay the employee a three hour call in pay to come in at that time of day, at that time of night.”

Mayor- “ok”

CD- ” I still think that’s unrealistic. My motion is that we shouldn’t be charging these events and we shouldn’t be charging for three hours because if one person’s getting vindictive then they’re gonna ring in at 10:01 and they’re gonna end up with somebody being charged for it and that is wrong.”…APPLAUSE!….

Comm. Clottey- ” Point of information, um the three hour minimum, what does that relate to in terms of actual dollars?’

TM- ” Depends which code officer has to come in.”

CC- ” The range?”

TM- ” I don’t know off the top of my head. We could do this very easy if you want the town to abide by the law. It’s done two ways either I can talk to BSO to see if they want to while they’re out there gettin’ paid special duty and let us know if there’s a noise violation or we will abide by the code which is the law of this town and have a code officer on duty. It’s either which way. The law has to be abided by the code in place someone has to get paid to do this job.”

BC- Remember…Comm. Dodd is making a motion to “waive” item #9 on the special event permit…which has nothing to do with the noise ordinance…or after the event!…

CD- ” OK, well then I’m making the motion that the fees be waived! Is my motion and I’ll accept what you’re trying to say Esther, I still think it’s wrong, I still think the people out there think it’s wrong. But we are now penalizing the businesses because somebody may well have a vendetta and want to call in. We have had, no we haven’t had a major problem. In the event of noise then you call the BSO and you don’t call the special duty officer , you call the BSO and formally put in a complaint and BSO come along and deals with it. That’s what’s been happening. I’m getting tired of this black and white and I am making a motion that we waive the fees for a special event because I don’t want to see any of these businesses penalized. You’ve seen in the paper Fort Lauderdale is trying desperately to regenerate, Pompano Beach is trying to regenerate and we’re trying to penalize the businesses.”…APPLAUSE!…

Mayor- “I’m will second that, let’s move this on”

VM- ” Ah, to date have we charged any event person for anytime whatsoever?”

TM- “No!’

VM- ” Can we direct if there’s a complaint first of all they cannot call the town Commissioner Dodd, they can’t call the town at 10:01, they have to call BSO. OK  because the town, nobody’s answering phones at 10:01 at night OK. So if you feel it’s a violation the first thing the Lieutenant’s gonna do is advise them to turn it down. Lieutenant would you come up please. Lieutenant if your officers receive a call at 10:01 of loud music at the 101 what would you think your officers would probably do?”

Lt. Cedeno- ” Advise them to shut it down.”

VM- ” And if they didn’t shut it down would you direct your officers to call in a town code person, would that be normal routine?”

Lt.-”Yes”

VM- ” And that solves the problem?”

Lt. – ” We’d bring it to your attention if needed the following day.”

VM- ” So we don’t need to have this motion. The Sheriff does it for us.”

BC- Again, Comm. Dodd’s motion is to “waive” #9 for code “presence” at the event….

CD- ” Yes, but I had to put  a motion in because I’ve seen code people there counting the number of people.”

VM- “That has nothing to do with the noise ordinance, nothing!”

BC- The VM is so off the mark…he just followed the TM’s lead going over the edge…OUCH!…

CD- ” It had to do with the fees.”

VM- ” But there is no fees. That’s what the Town Manager is telling you, there is no fees.”

CD- ” It’s printed on the permit!”

VM- ” But nobody’s being charged because there’s flex hours. They are not being charged, nobody has been charged to date for one dollar to obey at any festival. And if we get a call at 10:01 which may demand to enforce the law which is the noise ordinance the Sheriff has to take it because we have no way of getting that call. The deputy would then go and say please turn it down and our business people I’m sure will turn it down. If they get belligerent then their next step will be to call the Town Manager to send a code person.’ Is that fair Lt.? So there’s no need for this.

Mayor- ” Can I just say one thing though, it sounds like what Commissioner Dodd wants to do is just assure the business own we that they won’t be charged. That’s why he is asking this waiving of the fees even though we haven’t done it in the past a lot of things have changed in the present. So with that being said Commissioner Dodd do you want to continue your motion?”…APPLAUSE!

CD- ” Ah, I’m afraid I do and I want to put it on the record on this dais because yes things have gotten changed and strange things have happened. I don’t think they should be changed. I vote that we should waive the fees . It’s recorded on the document that fees are there and if the Town Manager chooses to send someone out to count the number of people for the toilets or whatever infringement or whatever ok, the the Town Manager could turn around and charge even though she hasn’t yet. It’s in black and white that we have the authority to waive the fees.”

VM- ” There’s a motion on the floor, is there a second?”…(He has the gavel and hits it down)…

Mayor- ” Yes, there is.”

VM- ” I will now recognize myself. Would you accept the Town Manager’s word that she won’t do that?”

BC- The audience yelled no, no…and mumbled Chief Gooding over and over….

CD- ” It’s easier to waive the fees for this event.”

BC- The Mayor directed the VM that Comm. Silverstone and Clottey pushed their buttons…and he recognized them…

Comm. Silverstone- ” Commisioner Dodd would you accept a friendly amendment by stating that if BSO does get a call and if they don’t abide by BSO’s rules then whatever the fine is for that breaking of the code will then be implemented at that time without a code enforcement being there?”

CD- ” I have no problem, if they don’t do what the police say. I have no problem with that. I have a problem when it specifies in the event permit that the town can charge sending out a code person and counting the number….”

CS- ” You just heard the Town Manager clearly state to you that she , that only happens when somebody’s a possible violations being done by BSO confirming it, so I don’t think there’s a, I don’t think that’s reasonable.”

BC- Reasonable? really!…

Comm. Clottey- ” Commissioner Dodd would you accept ah, a friendly amendment saying that ah, if the police have to go out a second time they get one pass if they ignore it ah, then the police the second time will call a code enforcement officer.”

BC- Incredible a Ph.D and she cannot understand the motion on # 9 …for waiving the fees!…

CD- ” I have no problem with the way the police are working. I’m the one all along who’s been saying if the police have to go out to a rental property then they should get the bill. I have a problem with the FACT that in the event permit that they have to apply for there is a clause that says that the Town staff that only this commission can waive the fees for code enforcement if the town chooses to send the code  enforcement person to that event.”

CC- ” OK, but what I’m trying to say is if the police have to go out there a second time only then will ah, a charge be incurred for a code enforcement officer.  Give them a pass the first time, if the police have to go out a second time then a code enforcement officer gets called in.”

BC- ARGHHHHH….

CD- ” Um. Can I just read what it says on the event permit?”

BC- FINALLY!….

VM- ” We know.”

BC- Beg to differ!…

CD- ” Then what’s your problem the dead horse is just either this commission waives it or this commission doesn’t waive it and that’s what it says in the permit!”

VM- ” You do not accept the friendly amendment?”…(No microphone)…

CD- ” No, I’m saying it’s black and white here it says the commission is the power that waives it.”

VM- ” We have a motion on the floor to waive the, repeat your motion.” …(no microphone…hits the gavel)…

CD- ” My motion is that we waive the fees for this particular event.”

VM- ” Are you talking about this event or any event?”

CD- ” That’s my first motion, is this event.”

VM- ” Is there a seconded to that motion? Seconded by the Mayor, any additional discussion? I call for the vote.”

Nikki Smith- The motion fails 3-2 …..LAUGHTER FROM THE HALL!…

BC- after all this time it went down the toilet because the “Gang” could not or would not comprehend what the “waiving” of the fees pertained to…they chose to follow the Town Manager …disregarding her own addition to event permits and her own procedure put in place to take it out!…YIKES!….

This one isn’t over….UGHHH….more to come….

Tags: fees, LBTS Agendas/Meetings, local government, Local Politics, Scoops, special permit events
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

SUMMING UP THE LBTS JULY 14, 2009 COMMISSION MEETING…..

“Cast One’s Pearls Before Swine ( share important things with people who will not understand their value … )”….IN THIS CASE ….THE “GANG OF 4″…

Dear Readers…In the early morning hours….after an extended marathon of disconnects…with reiterations of befuddled thinking…off the mark conjecture…uninformed pontificating…digging in of heels …and full on electioneering modus operandi coming from the “Gang of 4″…(McIntee…Silverstone …Clottey and Colon)…this writer will first do an overview……For the in-depth posts will take time but are guaranteed to be worth the time and the wait!…LIKE PEARLS…..

After finishing the Budget Workshop…filled with “fluffy” responses for the Town Manager and her financial acumen made by the usual suspects….there was an hour before the regular commission meeting…The room started to fill up once again (it was half full for the 5 pm Town Manager presentation)…with no sign-up sheet to be  found….It arrived approximately 10 minutes before the 7 pm start time…Many joked that freedom of speech was not going to happen this night…new rules!…

Right out of the gate after the Town Chaplain’s invocation in which Rev. Hunsaker was leading us in prayer for unity and consensus…(full text to be posted )…The Town Manager “informed” the Town Commission of the “interim Chief” status of BSO Lt. Angelo Cedeno…..with the added news that the new Chief would be in place by the next meeting on July 28th….

Lt. Cedeno made his presentation for BSO Deputy of the Quarter (to be posted)….and we went straight to public comments (to be posted) where 18 people spoke with 3 people asking to wait to speak on specific items later on the agenda…The “Gang of 4″ took a thrashing…still…. on the “reassignment” of Chief Gooding from most of the speakers …while four of the faithful Kool-aid drinkers spread some Mc- Furth propaganda …from bloating the amount of July 4th volunteers and calling those who showed up in support of Chief Gooding on June 3oth “carpetbaggers”…demanding for the Commission to enact new rules for public comment speakers be made to say their name…town…state…and just about everything else except their shoe size….(Wasn’t this what the new majority ran on to get rid of?)…..OOPS!

Swiftly making their way through items 6 through 9…there were no reports…no public safety discussion…The Manager had nothing to say in her allotted time….the minutes were all approved together…no discussion …passing 5-0

10- Ordinances  first reading…where try as he might Comm. Dodd could not make the “Gang” comprehend that the newly updated sidewalk cafe’ ordinance brought to light that the existing Town ordinance has downtown sidewalk cafe’s for Village Grill and Aruba not complying with the current code…The code calls for a “removable barrier”…Theirs are not…and as it suddenly dawned on Comm. Silverstone what it meant…he looked like a man about to sweat…realizing this one hit close to home  (literally) involving Aruba Beach Cafe’….After Weiss, Serota Atty. White again made it abundantly clear that unless the wording was removed as Comm. Dodd stated the 2 restaurants would be in violation…it was passed with removing the “removable” and adding the extra text that provided Pa DeGenaros’ the use of sidewalks…passes 5-0

Next up amending rates for sanitary sewage…no discussion …passes 5-0

Back again…the 2nd reading for 2009-10 the “Unified Land Development Regulations….Amending Chapter 30….”…The “Gang” was ready to quickly pass it…as they appear to not have re- read it…and again it was Comm. Dodd who rightly called attention to the return of this ordinance without the changes that were discussed at length at its prior time up to bat…Still stuck at home  plate…they just cannot get this bat and ball to connect… Comm. Dodd put forth quite “spot on” that perhaps the administration thinks if they  keep tossing it back…it will finally be tossed a “walk” to first base with the same codes that stick it to homeowners!…Round and round they went… For this writer it was suddenly like sitting in a MPSC meeting… until they finally got that the  non- conforming buildings would still not be allowed to rebuild as is…and again instructed the Atty. and staff to go back and get it in there to allow us all to be treated as we should and rebuild as we should be allowed….passed 5-0 and it will come back July 28th…Luckily after the break, Comm. Dodd spoke up again to remind them they did not include the zeroscape and the burden left on watering and maintaining public property by some homeowners and not for others…this too was passed 5-0 for the inclusion in what will hopefully be the final time…hoping next time out they slam it out of the park…..BATTER UP!…

We had Commissioner Comments…containing colorful …incorrigible …content……erstwhile electioneering….setting the record straight….and calling the Manager once again on the carpet over the Chief….(full text to be posted )…

The Consent agenda was a quagmire where we watched with our mouths wide open as the “Gang” tried to shut down the Athena By The Sea “Wine and Food Festival” offering little…making up excuses…giving out false facts…and doing a free fall from reality in trying every way from Sunday to implore Comm. Dodd and the residents to ignore the black and white clause for required code enforcement……while asking for all to believe the Town manager will keep her word! …HUH?……In the audience at every attempt to pursue this avenue of counting on Ms. Colon…could be heard murmurs of “Chief Gooding”…which said it loud and clear…NO WAY…NO HOW …The Town Manager’s word means squat!…Up and down and sideways …it ended with a huge surprise…3-2 Silverstone voted for it…IT’S A GO…BUT …will it last…for either way he was on the prevailing side and can bring it back if the Furths lean on him!…(Full text post to come)

Consent agenda item B was the “sweetheart deal” for McIntee’s flooding problem….and no matter how you looked at it …..that’s exactly what it was!…He recused himself…and was asked to remove it by Comm. Clottey…He did…but it still smacked of preferential treatment…(full text post to come)…

13- Resolution…waiver of certain parking fees…no discussion passed 5-0

14- No Quasi Judicial Public Hearing

15-Old Business…Talk about “fiscal irresponsibility”….The “Parking Processing Citations”…. was heated…informative and totally frustrating…It showed the problem front and center with this Town Manager and her staff…Digging in her heels…and putting on her blinders…..so short sighted is she that it was as if she was  proudly pronouncing she is still using an abacus ….(thanks for that analogy from a faithful reader)….technology be damned!…(Full text post to come)…It did end up with a 5-0 vote to put out another RFP in the paper (will dates be included …in a  4″  Sentinel RFP) and online…Sept 8th meeting is now Sept. 9th….Performance bond change  for Minto was moved to the July 28th per staff…passes 5-0….Pioneer Day was pulled by the Mayor….Custom banners was another repeat…pushed to July 28th…offered up were 12 on a map in the backup per Municipal Director Don Prince…at a cost of $106-$130 each plus $80 per each design for start-up costs…The Mayor will walk and confer with Assist. Manager  Olinzock and return with recommendations….A granite wall with an “honor roll” names of past Mayors/Commissioners from 1947…went back and forth with a decision to put it out for donations rather than the Town’s expense ($4500)…in Town Topics and back on the agenda in Sept…..to see if any were received and how to proceed…..

16- New Business….After a motion to continue until 11:30 pm…the first 2 items put on by Comm. Dodd and the Mayor started with “reconsider” and the VM let it be known that was not allowed with an assist by the Town Atty…both dais members will return the items with the right wording on July 28th…Next up was Comm. Dodd’s request into the Town Manager’s contract compared with other municipalities for compensation….( we heard the inquiries already went out per the Town Clerk…were there any responses received and not included in the backup?) This one was explosive and again the verbatim exchange is a must! (will be posted word for word!)…Comm. Dodd wanted to make a point about the Reef project funds and the lack of funds for the police services building…and he did…with the expected “pointed daggers” coming his way….and again this exchange highlighted that the “Gang” still did not understand the allocation of funds for the BSO’s quarters…especially the $10,000 they previously approved…(full post to come)….a no- go 3-2 outcome…no surprise…….and no need to specify who was the 3 and who was the 2!…Comm. Dodd had questions on the pavilion…but was chewed out once again…for speaking about it on the dais…VM McIntee after berating Comm. Dodd for wasting time on the dais used his item to thank the employees for 4th of July and all the time they put in….(does Comm. comments electioneering come under the same “waste of time”? )….A workshop for MPSC to discuss the El Mar Design project and the updating of the Master Plan will be on July 20, 2009…at 5 pm…

17-No Town Atty. Report

Adjourned…

more to come….much more!….

Tags: LBTS Agendas/Meetings, local government, Local Politics, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government