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Here’s The Scoop … A Parting Gift Or Parting Shot From Vice Mayor McIntee …

HEADING NORTH …..

Dear Readers … The Commission was provided with a copy of a case concerning a Bert J. Harris suit after their recent shade session last month… It was rather odd considering they are not allowed to discuss the case…something certain candidates are adhering to…. and certain candidates and commissioner are not!…

In what is close to being his last Commissioner comments, on January 26 2010  (he has asked to be excused on Feb 9th…leaving only 2 meetings until he is replaced on the dais)…Vice Mayor McIntee decided to make use of his time to either give the Town and taxpayers a parting gift or a parting shot!…

If you thought his gambling days were over with his landslide loss for VFD Fire Chief in December…think again!…Old habits die hard especially when “rolling the dice” is a permanent part of your DNA!…

Vice Mayor McIntee -“Ah, I think I have some really exciting news for the citizens of out town and the taxpayers. I’ve done a little bit of research and there’s a case that’s been decided at the Circuit Court level. As we talk about spin machines the biggest spin I’ve heard over the last couple of years is that the town of Lauderdale- By- The- Sea is going to lose 20-30-40 million dollars on Bert J. Harris. We’re going down! We’re gonna lose our shirt! We’re gonna spend hundreds and hundreds of thousands of dollars on attorney’s fees to defend, we’re gonna end up paying millions and millions. Well if you all want, take note and go to your computers tonight. There’s a case MH Profit Ince of Florida vs the City of Panama City and this case number IDOA 4983.” http://docs.google.com/viewer?a=v&q=cache:zrIeGJNQun4J:opinions.1dca.org/written/opinions2009/12-14-2009/08-4983.pdf+city+of+panama+city+beach+bert+j+harris&hl=en&gl=us&sig=AHIEtbTIdWGQ7QrgvX68XB7tMuERtAdqkg

http://www.rtlaw.com/showarticle.aspx?Show=60

Mayor Roseann Minnet began to try and halt the Vice Mayor wanting clarification on if he should be allowed to discuss BJH while the commission was “under a shade session”…The Vice Mayor was clearly not having any…

VM-” No, No, No! I’ve already consulted the attorney! Don’t interrupt me Mayor! This is my public comments!”

Mayor Minnet stated again she wanted clarification due to the shade session requirements..

VM- ” No! It is not a shade session. You got your copy of this in your box.”

Mayor  Minnet asserted her role as Chair and called for the Town Attorney to state if this was “acceptable.”

Town Atty.-” I don’t know exactly what the Vice Mayor intends to say. I do know that the Town Manager asked me to distribute to you this case and this case is a matter of public record. At this point I think just mentioning the case is ok. I caution the dais not to get into a discussion necessarily of how it effects us.”

BC- REMEMBER THE TOWN ATTY.  LAST STATEMENT……. I caution the dais nor to get into a discussion necessarily of how it effects us.”…

VM- ” In this case is exceptionally interesting. It clearly is on point to what our situations are here. The Appellate Court which controls the laws ruled that the City of panama was not, not libel for a penny. It was all thrown out. This, this is gonna be the forerunner of what’s going to happen in my personal opinion with this case. It’s going down and a lot of our citizens invested an awful lot of money to bring this, to bring this case against the Town under bad advice. There’s clearly points that are almost right on to everything that’s happened in this Town.So again I, I ask all of you it’s MH Profit vs City of Panama City case Number IDO84983. It clearly lays out that the Bert J. Harris case is a very, very, very difficult case for a plaintiff to win. It’s just next to impossible with the set of circumstances. So those 20 and 40 million dollar stories of gloom and doom, way out of line! As far as what its costs, I asked our Town Manager and this is public record also, we spent about 60 thousand dollars so far on attorney’s fees to protect this town from turning into a Galt Ocean Mile and I think 60 thousand dollars so far to protect the town from turning into a Galt Ocean is worth every single penny! Four years ago when I was knocking from door to door everybody was against the additional highrises up and down the beach. And the people who were most against the highrises were the people in the north end ans the people living in the highrises. We all know A1A is maxed out traffic-wise. No question about that. Nobody wanted the density increased.  Nobody!……I’m proud to say that my personal feeling is that Bert J. Harris is going down the tubes and I, I’m so happy this case came out and somebody can look at it and read and anybody with any common sense will say, wow, we’re off the hook! And I feel sorry for those people in Palm Club, those properties in the suit. How much money they’ve invested and it’s a shame they got taken down the road. And there’s several articles that you can bring up on the internet which warns people of getting involved with Bert J. Harris costs and cases because they’re so difficult to take communities down town. So That’s it. I think Bert J. Harris is gonna be a thing of the past!. I yield.”

Mayor Roseann Minnet asked the Town Atty. if this case was “under appeal”…

Town Atty.- ” Actually, as I advised, it is the time frame for reconsideration. We will advise you if it is. Then at that point you will find out if anyone s going to appeal it. It is certainly possible.”:

VM McIntee ” Would you like them to win the appeal Mayor?’…laughing…

The Mayor said “It was a point of order”….

BC- OUCH- OUCH +OUCH-  This is just another Rorschach test in LBTS …This time for the voters in 2010…If you believe McIntee gave us a “parting gift”…you’ll be voting for Comm. Jim “he’s not a nice guy” Silverstone, Joe “McIntee is God” Couriel” and Marjorie “Clueless #2” Evans…Who we hear have taken the McIntee BJH comments “on the campaign trail” to condo meetings….spreading the “word” like gospel!… If You believe VM McIntee gave ua a “parting shot”….and no one should be talking BJH while the lawsuit is ongoing…you will vote for Mayor Roseann Minnet, Scot Sasser and Chris Vincent who have made it clear at each and every stop they make campaigning in the north and in the south that the cases are active and they will not be speaking on it in order to protect the Town from any legal consequences and they refuse to give voters a false sense of security by making predictions!…

The Vice Mayor and the CIC- endorsed candidates have conveniently forgotten one case…….that does fit the stated “criteria” cited in the City of Panama City” case….Sea Colony…the property the CIC and this writer are on record saying should have been allowed to build…and if this fit the “criteria” what else does?….But, interfering with the process as seen below (Deja-vue)… ” In the litigation, Sea Colony attorneys seized on a letter submitted to Judge Andrews by CIC leader Jerry McIntee in which McIntee criticized the Town’s efforts to declare zoning in progress.While difficult to gauge the effect on the outcome of the case, the Town Attorney earlier advised the Town Manager that “by attacking the Town, the CIC played right into the hands of the developer. The judge could easily conclude from the CIC letter that citizens of the Town agreed with the Plaintiff”….classic McIntee!….

TOWN TOPICS 2006….excerpt…..

The Sea Colony Condo-
minium, 1400 S. Ocean Blvd.,
submitted a site review plan to
construct a 15-story, high-rise
residential condominium on May
23, the day before the Town
Commission formally adopted a
resolution establishing the morato-
rium.
The Town believed its earlier
motion declaring zoning in
progress was sufficient cause not
to process Sea Colony’s site
review application, but a judge
disagreed.
Broward Circuit Court Judge
Robert Andrews ordered the
Town on Jan. 31 to process the
application, ruling that the Sea
Colony’s site
review plan was
submitted on
May 23, a day
before the Town
formally estab-
lished its building moratorium.
The Sea Colony, which is
represented by Ruden,
McClosky, Smith, Schuster &
Russell, a Fort Lauderdale law
firm, filed suit against the Town on
Sept. 22nd.
“While the Town makes a
strong argument for zoning in
progress, and that the Town
Commission adopted a motion on
May 10, 2005 declaring a zoning
in progress, it fails to address the
fact that Resolution 2005-08
specifically provides that “[n]o
application for development or
redevelopment activity within the
study area shall be accepted or
processed by the Town following
the date of adoption of this
Resolution during the study
period, unless the application
was filed prior to the adoption
date of this resolution,” Judge
Andrews stated in his order.
In the litigation, Sea Colony
attorneys seized on a letter
submitted to Judge Andrews by
CIC leader Jerry McIntee in
which McIntee criticized the
Town’s efforts to declare zoning in
progress.
While difficult to gauge the
effect on the outcome of the case,
the Town Attorney earlier advised
the Town Manager that “by
attacking the Town, the CIC
played right into the hands of the
developer. The judge could easily
conclude from the CIC letter that
citizens of the Town agreed with
the Plaintiff”.

Town loses Sea Colony lawsuit, but may appeal

The Town has
already been
taken to court
by a North Beach
property owner
who submitted
plans to develop
a 15-story,
high-rise
residential
condominium
on the beach.

http://www.lauderdalebythesea-fl.gov/town/town-topics/TT-Mar-06.pdf.

…………………………………

BC- The law firm above for Sea Colony in 2006 …is the same law firm hired by the Palm Club et al…..

So when VM McIntee states on the dais on Jan 26th …..”It’s going down and a lot of our citizens invested an awful lot of money to bring this, to bring this case against the Town under bad advice.”….” And I feel sorry for those people in Palm Club, those properties in the suit. How much money they’ve invested and it’s a shame they got taken down the road. And there’s several articles that you can bring up on the internet which warns people of getting involved with Bert J. Harris costs and cases because they’re so difficult to take communities down town.”…. He’s really not playing with a full deck!….YIKES!….

This writer hopes the voters and the taxpayers of LBTS are paying close attention…to the loose lips of the Mc-Furth CIC- endorsed commissioners-and candidates…and the questionable role of the Town Manager and the Town Attorney in the appearance of condoning the discussion of BJH on the dais and townwide on the campaign trail with what certainly looks like a great big assist from the January 26, 2010 Commission meeting!….

more to come…..

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