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Here’s The Scoop … Do You Really Want These 3 For 4 More Years? … McIntee-Silverstone – Colon … The Problem With Her Contract …

SWEEPING OUT THE INCONSISTENCIES …. IN MARCH  2010….

Dear Readers… at last night’s continuation of the Oct. 13th Commission meeting …I was able to speak at the start of the latest “installment” of the Town Manager’s Performance Review …( the final “installment” is Friday Oct. 24th 4pm)… I was already under the weather but felt it was important to come and speak at the podium directly to the Town Manager ,Commissioner Silverstone and Vice Mayor McIntee  to point out their disturbing inconsistencies concerning the Town Manager’s 2007 contract with the Town… I abbreviated the below content in the interest of the allotted time. In the end the lack of any response from the Manager just added to the this writer’s belief that from the get-go this Finance Director should never have been placed in the Town Manager position…. Her contract was just the beginning of the many questionable actions we have seen over the last 2+years… Her “Broom Boy” buddies have further sunk any credibility with their latest inconsistent statements made this evening…Leading me to ask how could anybody vote them back in for another 4 years…which guarantees 4 more years of Esther Colon and 4 more years of inconsistent stories…

The Following is from the Town records…contained in the minutes and videos…

April 24, 2007 Commission meeting …on page 25 of the archived minutes … Consent Agenda item G….Town Manager Colon…

“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.”

“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.”

Comm. Silverstone made the motion and VM Yanni 2nd it to appoint Esther Colon TM immediately…..the motion passed 5-0

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.”

” Mayor Parker stated that he commends the Town Manager for taking out the 10 weeks, he noted that he was just pointing out that it was unpaid leave.”
“Commissioner Clark motioned, seconded by Vice Mayor Yanni to approve the contract. The motion passed 5-0.”

July 14, 2009 Town Manager Colon…

“I HAVE NO PROBLEMS WITH MY CONTRACT. I, THIS IS WHAT THE FORMER ADMINISTRATION AGREED WITH THE CONTRACT.  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.”

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.”

September 9, 2009 Commissioner Comments…excerpt…
“VICE MAYOR MCINTEE DID NOT FEEL IT WAS RIGHT TO ATTACK THE TOWN MANAGER’S CONTRACT AS IT WAS THE SAME AS THE PREVIOUS TOWN MANAGER HAD.”

October 12, 2009 Workshop Town Manager Performance Review…Town Manager Colon…

Town Manager Colon-“Thank you Mayor, I know I am not on the agenda to speak but I would like to clarify some issues for the record and most of them I’ll do from just listening to everybody.”

“First let me explain something. I was not hired by the five members of the commission on this dais. I was hired by the five members of the prior sitting commission. I do want you to understand and you can check the record and you can subpoena the previous commission as well as you can subpoena me. My contract was reviewed independently by each sitting commissioner with the Town Attorney. My contract was motioned first motion to approve by Mayor ProTem Chuck Clark. It was second by Commissioner Yann Yanni, it was, excuse me John Yanni. It was approved 5-0. I read an article in the Futures paper and the only commissioner or the only elected official that was truthful in that article was mayor Oliver Parker. Mayor Parker did not like my severance position and like always I like a good little argument. He did not like a one year severance package. I said I worked too hard in this town during the broom sweep campaign. I’m sorry commissioners it was, we got locked out of Town Hall when you won so I was there. I said if that is any indication of what the residents are gonna do during election time I am not gonna put my heart and soul to run the day to day operations of this town unless I have a contract I’m worthy of. I believe I, at that time I had thirty years of public service and that is a contract that five independent commissioners reviewed with the Town Attorney, did not violate any Sunshine Laws and that is the contract they approved. Two of those sitting commissioners are currently on this dais.”

TOWN MANAGER COLON  I HAVE SPOKEN TO FORMER COMMISSIONER CHUCK CLARK WHO SPOKE TO FORMER TOWN ATTY CHEROF. MR. CHEROF STATED HE DID NOT DRAW UP THIS CONTRACT AND HE DID NOT MEET INDEPENDENTLY WITH THE 5 COMMISSIONERS! FORMER COMMISSIONERS CLARK AND YANNI SAY THEY DID NOT MEET WITH THE FORMER TOWN ATTY. INDEPENDENTLY AND DID NOT SEE THIS CONTRACT BELIEVING THEY APPROVED THE SAME CONTRACT AS STATED IN APRIL 2007!

COMMISSIONER SILVERSTONE AND VICE MAYOR MCINTEE YOU LOSE EITHER WAY ….YOU EITHER YOU TWO KNEW WHAT WAS IN THE MANAGER’S CONTRACT AND WERE UNTRUTHFUL ON THE DAIS FOR THE PAST 2 YEARS OR YOU WERE COMPLICIT AS YOU SAT QUIET  WHEN THE TOWN MANAGER MADE HER STATEMENTS ON OCT.12TH!

I BELIEVE THAT SUBPOENAS ARE REQUIRED  FOR THE TOWN MANAGER AND THE FORMER COMMISSIONERS WITH THE TOWN MANAGER KEEPING HER WORD NOT TAKE THE 5TH!

Afterward the Commission spoke…

Commissioner Dodd asked the Vice Mayor and Commissioner Silverstone to answer to my comments and to the Town Manager Oct. 12th statement that each of the previous Commissioner’s met “independently” with the former Town Attorney (something Mr. Cherof disputes)…

VM McIntee- ” On what authority do you have to ask that question?”

Comm. Dodd- ” As a commissioner to be able ask whether or not you reviewed the Town Manager. Whether the statement is correct or not. We’re trying to review the Town Manger.”

Comm. Silverstone-” I’ll answer that.”

VM McIntee-” That’s ,that’s a nasty innu, innuation (his word) on your part!”

The Mayor made a point of order

VM McIntee-” This isn’t a trial!”

The Mayor pointed out that it was 10:20 (pm) and we started at 6 pm and there had been no public comments…referring to the previous topic discussed with the “gang of 3″ insisting town meeting were to long due to public comments in an attempt to curtail freedom of speech in the hall…

Comm. Silverstone- ” Can I answer his question?”

ALERT !…NEW VERSION…NEW PROBLEMS FOR COMM. SILVERSTONE…as you see his statements above from 2007-2009…

Comm. Silverstone-” I remember this specifically. We were told that we had the ability to meet with the Town Attorney to go over the contract. OK? Which I did . OK? Now Parker did it because he interviewed the paper and he gave his opinion about what his issue was with the contract. Now whether the other commissioners that are not, I can’t speak for those I don’t know. Now when I looked at the contract there was some changes made to it but I considered it more of a modernization of the contract that was way outdated. But the key points in that contract were very similar but not exact.”

BC- A look at the contracts show they were nothing alike..(prev. post) ….A look at the Sept. 10,2009 Round Table video shows when the Mayor handed out a portion of the contracts…..Comm. Silverstone had never seen the prior contract before. Missing in the package handed out were the 2001 and the 2006 memos from Town Manager Baldwin… Comm. Silverstone was in receipt of the 2006 memo at the time Baldwin distributed it for Silverstone & McIntee’s benefit…stated in the memo…Comm. Silverstone also requested the Town Manager some months ago to get the pay out for Baldwin and tried unsuccessfully to say he received the same severance…until Mr. Baldwin was contacted by Editor Mark Brown and confirmed he had no severance. He had no 10 weeks paid for leave and was paid for accumulated sick and vacation leave plus hours of work done when he traveled back from Lake Worth to do LBTS business before he resigned. Mr Baldwin was shocked at Ms. Colon’s contract….

Comm. Silverstone- ” And yes the amount that she got, she was gonna get paid if she left was for her protection because she didn’t know what the new commission was gonna do. She thought Vice Mayor McIntee and I would come in here and sweep everybody away. So for her protection she put that in there which made sense to me and it also makes sense that most Town Manager’s contracts have that in there. So it was more of a modernization than anything else.”

BC- OH BOY!…She put it in there because she thought Silverstone and McIntee would “sweep her away”…WOW!…This contract was a year after the “Broom Boys” came into office and they were the ones who wanted her. McIntee was the driving force to ask her to take the position!… WHAT A WHOPPER OF A TALE JIMMY-BOY!…And if you use his theory…and the “Broom Boys” were going to get rid of her …why would they approve this contract that would give her $250,000?…OUCH!…

Comm. Silverstone- ” Now we’re here to review her, her duties per the ah, contract. So I don’t know where this is coming from. But it has nothing to do with what we’re supposed to be coming out here for. So I answered your question.”

BC- Commissioner Silverstone had no idea a performance review was in her contract until this writer brought it to the podium last winter….

ALERT…VM MCINTEE IS PERPETUATING FALSE INFORMATION…AND GOING ON THE ATTACK….

Vice Mayor McIntee- “And regarding this inquisition you’re starting I talked to Cherof and I said the one thing I want to make sure of is not in that contract is that I don’t want anybody gettin’ ten weeks free for doin’ nothing! And I remember saying exactly it like that because that’s the way I communicated to Cherof! I laid it right out! I want nobody gettin’ ten weeks free ride like Baldwin did! So you asked if I talked to him. Absolutely I talked to him!”

Comm. Dodd- ” Point of information Mr. Baldwin wasn’t paid for his ten weeks leave.”

VM McIntee -” Excuse me, was it in his contract?”

Comm. Dodd- ” It was not paid leave. It was in his contract that he could have ten weeks off to do what he wanted. It was in his contract that he was not paid for it. That’s not the point at issue and to answer your question as to what  relevance this has. I’m sorry it has a lot of relevance in my book because it goes to the whole integrity of the contract issue and I believe that….”

VM McIntee- ” You saying this woman is (cannot hear the middle) ….that’s outrageous!”

The Mayor interceded to point out the bad behavior of the Vice Mayor acting in the same manner as he accuses the public of…The VM was belligerent in responding “Yeah, right!”and the Mayor responded “Yes, that’s right Vice Mayor!”…

BC- The only thing consistent about Vice Mayor who was told in May of 2007 at the contract approval by former Mayor Oliver Parker (see above) that Town Manager Baldwin’s ten week leave was unpaid…is the VM didn’t get it then and he has continued to perpetuate the falsehood ever since….Also if we were to follow McIntee’s assertion of the 10 weeks paid.and how he “saved the town $$$$”…….the total for the ten weeks based on Baldwin’s $140,000 salary would be approx. $28,000!…I’ll take that over a $250,000 payout…no term contract with 2 pension funds…and piggy-backed payouts for sick leave/vacation leave for both her Finance Director position and Town Manager position any day of the week…

There is definitely more to come…

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