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Here’s The Scoop … The Mc-Furth Times …Livin’ In The Past … Who Do YOU Trust? …..

HEY MAN, WE’RE GOIN’ TO TOWN HALL EAST AND VILLAS BY THE SEA ……

IT’S ALWAYS 1973 IN MC-FURTH LAND….

Dear Readers…WOW!…That’s all I can say …the Mc-FurthTimes is out…A look at the cover answers the question on the Marc Furth photo-shopped blimp…”WHO DO YOU TRUST?”… All the voters  have to do is look at the rest of the cover and it’s LBTS BEFORE the Minto redevelopment…It’s the old Villas By The Sea!!!… That really says it all with this group …We will never see any planned investment in our town…We will never see a real comprehensive plan to bring progress and stability to this town…We will be stuck in the past with decaying properties and revisionist history…just stuck in a  Furth induced timewarp!….

This paper was hastily put out early to accommodate the Vice Mayor’s and the Furth’s attack on the BSO… There is yet another story with another version about the May 4th, 2009 suicide in Bel-Air…and it is a stomach turner….The Vice Mayor who was the first one to publicly use the widow’s name has now put her picture and name in this edition…It opens up so many questions…and opens the door for BSO to respond and investigate even further…The story and the “Editor’s note” call into question the BSO’s ability to handle a crime..It accuses the BSO of being screw-ups from the time they arrived at the scene all the way to the final investigative report…It says BSO did not get the woman’s story right, did not get McIntee’s statement right…did not investigate properly with “no formal interviews conducted,  no recordings or official depositions taken, or written notes preserved to verify the witness statements”…because it was not a “homicide investigation”…OUCH!… How can residents of LBTS feel secure with the BSO if the BSO does not get this straightened out?… It is this writer’s opinion that going after BTSFuture Editor Mark Brown is just an aside to what McIntee is doing to the BSO Police…McIntee knows full well that with the investigation re-opened, the BSO cannot answer back until it finishes… Mark Brown should sue McIntee for his recent slanderous statements on the dais (Oct. 20, 2009 Comm. comments) when McIntee falsely stated Mr Brown pushed his way into the widows front door. The widow contacted Mr. Brown through his paper and set an appointment to meet with him in Pompano Beach…Mr Brown passed by her residence and she came out to see if it was him that drove past. Without her giving him directions and setting a time he would not have known where she lived. The woman was shown the police reports and Mr. Brown proved to her as he did for the readers of his article that he took all his information from the 6 official reports on the incident. He has nothing to worry about from any threat of a lawsuit from VM McIntee…Because unless you are a conspiracy theorist or you really do believe the BSO is inept…the reports from all of the BSO personnel from the day of the incident  up to the final release of the investigation 4 months later (which LBTS -BSO Chief Llerena said was standard practice in a crime) are the same…The story only changes from McIntee and the widow…and each new version (The “Truth Deflector/ Oct. 13, 2009 Comm. meeting/ Oct. 20, 2009 Comm. comments/ this issue of the BTSTimes) becomes more and more fanciful…pure comic book “superhero”stuff with a seedy underbelly that looks shamefully like McIntee using this woman for grand self promotion for his re-election in light of his dwindling support…

In the latest version…there is a picture of the Vice Mayor shaking hands with the widow in front of the Blue Seas (Furth’s motel and BTSTimes headquarter-Town Hall East)…So first we must ask…At the Oct. 13th meeting in Jarvis Hall VM McIntee is on the record saying the widow was already interviewed by “an Editor of the By The Sea Times”…that we now know was Cristie Furth…McIntee said it was recorded …Did he sit in on that interview?…Did he and/or Editor Furth tape the widow?… BSO better get that tape to verify this article…and protect themselves from this ongoing scandal… The story is written with quotations… and they are damning…she has changed the story significantly from the BSO police account (prev. posts )…saying this time around “When the suicide happened I started screaming  I’m sitting next to my husband’s body, just screaming at the top of my lungs and my 7 year old daughter is distraught…..” “I had already called 911 and standing over my husband’s body still screaming when, almost immediately Mr. McIntee came into the room and said “I heard you from down the street before I got the call” . He then got on his walkie talkie, called for assistance and tried to calm me down”… Well if you believe the widow…Jerry McIntee heard her screaming from inside his house approx. 400 ft. away around the corner while she was inside her master bedroom …BEFORE he got the call (was it on the radio or pager…in 2 prior versions)… If you believe this version and the previous versions of McIntee he must have broken into her house to get to the master bedroom (unless it was unlocked?)…Has BSO spoken to the many neighbors to see if the widow ever came outside the house when yelling for help?….In this version the paramedics arrive within 15 seconds…not even the “Truth Deflector” tells it this way…(they say 30 secs. for the BSO)…In this version McIntee is asked “Please save him”…In the prior versions McIntee admits he did not check for vitals and knew he was gone …in the police report it was by “his color”… on the dais Oct. 13th by the type of wound describing “his head half blown off”…This version makes McIntee’s lack of proper “First Responder” action even worse!… The widow states in this version “I had assumed when I looked into my husband’s eyes and saw the wound- that he had passed. Although he had a faint pulse there was no one home anymore, he was brain-dead.”…The Vice Mayor said he took no vitals, so how did the widow know there was a pulse?…If the widow is correct about a faint pulse it further causes trouble for McIntee not providing any aid for the husband!…According to the AMR and BSO report and McIntee in prior versions…he [McIntee] took the mother and child to the living room and they were not in the room when paramedics worked on the husband…and it was the paramedics who say they found a faint pulse…According to the prior versions the BSO came first…removed the gun and then instructed AMR they could come into the house…In this version the widow says the paramedics came first….It is sad to see the widow feeling the need to enter into McIntee’s politics and be used in such a way… It is disturbing to read  that after the incident a week later McIntee came by  offering “maybe  a ride on the fire truck for my daughter?”… The VFD took up a collection and a sympathy card…but we hear the BSO also collected approximately $3000 for the woman…Then it goes deeper around the bend in including comments about Maureen McIntee and the mutual loss of their dogs… There is nothing that can clarify why that would be included except campaigning in its lowest form …What needs to be remembered here is this…This poor woman went through a life altering ordeal…and what she does or does not remember from it is not the issue…How she felt Vice Mayor McIntee responded is not the issue…The issue is what VFD Deputy Chief McIntee did per the VFD SOPs when responding to a call as a VFD member and a “First Responder”… and what matters is that he says he will not follow the rules if he is faced with a similar call again…no matter how he hears it…by radio …pager or super human hearing!… What matters now to the residents of LBTS is to know if the BSO was correct in their response and investigations…or if McIntee is correct and the BSO was not!…

The rest of the paper is the same old drivel of old guard and new guard…by the Editors Furth…who are the real “Old -Guard” in this town having backed both sides of the aisle in their years of politicking in their lust for retaining their hold on their piece of the pie….The same- old, same -old political rhetoric …is now falling on a shrinking number of ears according to the 4 new candidates who are indeed knocking on those doors around town and are being met with welcoming smiles after voters are seeing new blood arriving on their doorsteps with new names…that are not Furth…and not McIntee!…..

The skewed Town Manager review by Editor Cristie Furth tells half the story …leaving out the the points made by Mr. Simmons himself, that this evaluation is required in the manager’s contract and Mr Simmons acknowledging that he himself was reviewed with this type of review!…(prev. post)…OOPS!… It was sad …kind of like the widows remarks to see the Furths and the CIC bring forward old- time CIC members yet again unaware of the requirement in the manager’s contract when making their remarks …And a repeat of the Manager’s remarks claiming the former Town Atty. met independently with the commissioners…a statement the former Town Atty. denies…The rest of the managers explanation for her need to add in a large severance and other perks…it doesn’t add up…because the clean-sweep was a year prior to her contract…and those “Broom Boys” were front and center for wanting her in  as TM as shown in her hiring in the minutes and the video……Perhaps she is spending too much time with the VM …and following suit with ever changing versions of this story……You know what they say about the “clean up” …that’s what brings them all down in the end!…

Tidbits…more  Moe-misstatements.. Commissioner Dodd put the 15 stories on the agenda…the Town Clerk put all the Referendum items underneath and did not include the word Referendum in his items as turned in…He did what Jimmy-boy said a good commissioner does…he put items on that his constituents asked for…You see many feel if you’re are going back to see what height the voters want…to LOWER the height to the Mc-Furth33 ‘/ maintain the 3x voted for 44’/ or increase the north back to 15 stories along with lifeguard…and oh yes…the constituents want ETHICS… (with or without 2-hats)…

On the subject of heights…this brief intermission from the Times…

From the previous CIC website before 2009…

2008

“* The CIC Height Limit Charter Referendum, which lowered the maximum allowable height limit in the Northbeach coastal area from 15 stories to 3 over 1 stories, won despite fierce campaigns by developers and pro-development commissioners. This charter amendment will prevent our barrier island from over development, limit further congestion along A1A, and preserve the Town’s low-rise image. A critical clause of this referendum was that no major zoning changes can now be made in any neighborhoods without a vote of the people.”

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From the defunct previous BTSTimes after the 2008 election…

“All About Lies and Backroom Deals

The election is already history, yet campaign lies continue by the old guard Commissioners John Yanni and Chuck Clark who refused to accept their defeat graciously.

In another publication, both Yanni and Clark claimed their loss was the result of lies by the opposition, when in fact, they were ousted by their own deplorable records and disregard for the will of the people.

Yanni claimed the opposition said that the Commissioners were “for high rises.” The documented record of both Yanni and Clark prove they supported high rises and fought to defeat the 44-foot height limit every step of the way. When Judge Barry E. Goldstein’s court order directed the old guard to place the citizens’ height limit referendum on the ballot, the old guard refused. Clark and Yanni even went so far as to order Town Attorney Cherof to use “every means available” to challenge the court’s ruling.

The old guard approved spending $75,000 of our taxpayer money to fight the height limit. Nevertheless, the voters approved the 44-foot height limit in March 2006.

Meanwhile, the 15-story referendum was placed on the November 2006 ballot and defeated by the voters, while the old guard stood next to developers at the polling places, clearly supporting the referendum!

So when Yanni and Clark say they support the 44-foot height limit, it is only because their 15-story high rise referendum was defeated by the people.

Clark claims there were lies about backroom deals. Clark created and signed the annexation agreement as President of the South Beach Civic Association (SBCA) which falsely claimed to represent the entire “Intracoastal Beach Area.” Bel Air residential homeowners had no input whatsoever into the decisions or actions of the SBCA nor did other residents of the north. There were no public hearings for the residents of the north or the south ends of town to voice any input. So where was the honesty and openness in this deal?

Let’s proceed from here with an honest and open government; the people have spoken.

Maureen McIntee”
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From the Florida Attorney General….

Mr. James A. Cherof
Town of Lauderdale By The Sea Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308

RE: BERT J. HARRIS, JR., PRIVATE PROPERTY RIGHTS PROTECTION ACT – MUNICIPALITIES – REAL PROPERTY – PROPERTY RIGHTS – CHARTERS – citizen initiated charter amendment as governmental action under Bert J. Harris Act. ss. 70.001 and 166.031, Fla. Stat.

Dear Mr. Cherof:

As Attorney for the Town of Lauderdale By The Sea, you have asked for my opinion on substantially the following questions:

1. Does an amendment to a town charter initiated by ten percent of the registered electors pursuant to section 166.031(1), Florida Statutes, constitute “action of a governmental entity” as that term is used in the Bert J. Harris, Jr., Private Property Rights Protection Act?

2. Following such amendments to the charter, does subsequent action by the Town Commission, compelled by language in the charter as amended, constitute “action of a governmental entity” as that term is defined in the Bert J. Harris, Jr., Private Property Rights Protection Act?

Your questions are related and will be answered together.

According to your letter, the electors of the Town of Lauderdale By The Sea submitted a proposed amendment to the town charter using the procedure authorized by section 166.031(1), Florida Statutes. This amendment was submitted to the electors and was approved earlier this year.[1]

The charter amendment provides for a 44-foot height limit on new construction in the area that was annexed into the town from unincorporated Broward County in 2001. Prior to approval of the charter amendment, the 44-foot height limit did not exist in the annexation area. Under Broward County zoning regulations, buildings as high as 15 stories or 150 feet were allowed, subject to other zoning regulations.

In the annexation area there are several 15-story high-rise buildings that now exceed the new 44-foot height limit. These buildings are now legal nonconforming structures. In addition, there are several undeveloped parcels in the area that were zoned under Broward County regulations to permit structures of 15 stories in height that now may only be constructed to a maximum height of 44-feet. The town is concerned about potential liability for imposing an inordinate burden on property rights through the adoption and implementation of this charter amendment and has requested assistance in resolving these questions.

The 1995 Legislature enacted the “Bert J. Harris, Jr., Private Property Rights Protection Act.”[2] The act provides in part that when a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief that may include compensation for the actual loss to the fair market value of the property caused by the action of government, as provided in the statute.[3] This cause of action is separate and distinct from any cause of action that might arise under the law of takings.[4]

The term “inordinate burden” or “inordinately burdened” is defined in section 3(e) of the act to mean that

“[A]n action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large.”

Legislative intent is the polestar that guides statutory construction analysis.[5] The legislative intent of the Bert J. Harris, Jr., Private Property Rights Protection Act is evident from the first section of the act, which clearly provides that the statute was intended to protect private property interests against “inordinately burdensome” governmental regulations that do not necessarily amount to a constitutional taking.[6]

Section 70.001(1), Florida Statues, provides for relief or payment of compensation “when a new law, rule, regulation, or ordinance” unfairly affects real property. An amendment to the municipal charter would appear to come within the scope of this language. A municipal charter is the paramount law of that municipality. It represents the constitution of the town, enumerating and providing all the powers the town possesses. A municipal charter consists of the creative act and all laws in force relating to the corporation, whether in defining its powers or regulating the method of their exercise.[7] Thus, the provisions of the Charter of the Town of Lauderdale By The Sea are laws within the scope of section 70.001, Florida Statutes, and can give rise to liability for any inordinate burden the charter provisions impose on real property “for the good of the public” when “in fairness [this disproportionate share of the burden] should be borne by the public at large.” Likewise, the regulations, ordinances or rules adopted by the town to implement the charter amendment, would constitute “action of a governmental entity” that may implicate the Bert J. Harris, Jr., Private Property Rights Protection Act if these regulations impose an “inordinate burden” on real property.

In sum, it is my opinion that an amendment to a town charter proposed and approved pursuant to section 166.031(1), Florida Statutes, does constitute “action of a governmental entity” as that term is defined and used in the Bert J. Harris, Jr., Private Property Rights Protection Act. In addition, any new rules, regulations, or ordinances adopted by the town to effectuate the terms of the amendment to the charter would also constitute “action of a governmental entity” as that term is defined and used in the act. I note that the authority to determine whether such action gives rise to a claim under the act is expressly vested in the judicial branch.[8]

Sincerely,

Charlie Crist
Attorney General

CC/tgh
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[1] As you note, pursuant to section 166.031(1), Florida Statutes, the town commission, as governing body, has no discretion regarding submission of the proposed charter amendment to a vote of the electors:

“The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose.”

ANY DOUBTS ABOUT THE TOWN WIDE HEIGHTS?….. NOPE!…. It’s 44’….

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Commissioner comments…Jimmy-boy loves his new home…with the foliage…the code violating foliage…OOPS!…. That foliage was conveniently overlooked when he got HIS variance…(unlike Mrs. D’Uba)….not too long ago…Many say Jimmy-boy is no longer the lovable fumbling …bumbling goodhearted basketball coach…He’s mean…He’s a pit bull and he’s history… Hate…you speak of hate…as your BFF says all the time on the dais……Jimmy-boy…”look in the mirror”…

Vice Mayor McIntee… “Dogs of war are in full attack mode”…”This writer is going to do all he can to take the high road”…”Hate mongering”…All this writer can say…stand outside the VFD and listen to the VFD “Premier Trainer”… you’re sure to get an earful… Catch the VFD Chief when he’s out of earshot of his Deputy Chief and he’ll let you in on the “High road”…It’s not pretty… Look at the tired old litany…lackluster at best…what’s an “old dog” to do…. deflect…deflect…deflect…What’s a newly informed electorate to do defeat..defeat…defeat…the “old dog”….movin’ to Tampa…

Comm. Clottey… “Communism”…Clottey is talking “communism”… “”?…The commissioner is clueless on many crackpot topics when she speaks out on the dais……But she knows what the truth is …and like the VFD Chief …it depends what living room she is sitting in and who’s ear she is bending at the time…for what “truth” comes from her mouth…and as for McIntee being “a gentleman”…that is one for the comic books!….This commissioner knows full well what was “expected” of her from the “gentleman” in her first days on the dais…and this “blogger” is definitely one who intends to see that does not happen again!…

The “Truth Deflector”… The Town Manager did not reveal the town’s funds until the 11th hour…talking of paying it off and sitting on the actual accounts for way beyond the PRR “reasonable time”…only to produce portions…is just plain wrong. and violates the PRR rules…..anIf it had not been for Yann Brandt and Comm. Dodd…we would still be left with the elusive “we’re in the black” remarks…The taxes lowered …sounds good for running…but the devil is in the details …and like his e-mails…the Vice Mayor deletes them!….The Vice Mayor is on video at the Oct. 13, 2009 meeting …side stepping as to not be re-interviewed himself by BSO…any question watch the video online…The VFD Chief we all know talks out of both sides of his mouth…to keep the Vice Mayor at bay!… So no surprise he would not own up to his statements to Mr. Brown…Comm. Silverstone was a dunce in his verbatim remarks of Yom Kippur being “applicable” for a meeting date……and the Vice Mayor clearly and unequivocally used the lack of audience to say the voters were happy with the town a blatant act …that smacked of exactly what it was in this writer’s opinion…Doesn’t really matter if McIntee becomes the next Police Chief…if he can undermine the BSO (suicide incident) and get the ball rolling if re-elected …he will run the police just as he runs the VFD by putting in another “little chief”…Moe- is a moanin’  again…

Mary Ann Wardlaw is talking down the Mayor…nothing new she has not liked a Mayor in town since her husband…Is she going to back Crisite Furth if she runs for Mayor?…Hmmm…That will be a big change from the Wardlaw point of view in 2008…when this writer was for Ms. Furth as a candidate (before I knew the personality) …and the Wardlaws  were definitely not!…And as far as  the audience in Jarvis Hall for the VFD not feeling threatened …she’s correct…It was those on the dais who felt threatened…and needed to be protected by BSO as they left Jarvis Hall……http://www.youtube.com/watch?v=EDbw9CCLLHI&feature=youtube_gdata

Beware of the new ad from Resident Jerry Sehl…it is not a unbiased Town survey…by any stretch…This writer had my link removed…as did the By The Sea Future newspaper…and we hear the Chamber was none too pleased that the give-aways made it look like they were associated with the site…The Chamber is non-political…So this site will be Mc-Furth CIC- skewed and any monthly reports at the podium should be taken with a grain of salt…

Funny when a letter writer writes of “so much hatred”…and then calls a sitting commissioner a “turncoat” and Judas”…Have you drunk the Kool-aid?… De-tox is coming in March!…

On the back a full page yet again from the VFD Booster fund…if the pics are more proof of the VFD drills at Minto…these “2-hats” better recuse themselves when Minto comes a callin’ for an extension or a change in plans…. The Deputy Chief is an Instructor III?… Who was his trainer?… According to the requirements…he needs..

1. Six years experience as a regular member of an organized fire department.

2. Documentation of completing the 40- hour Fire Service Course or equivalent.

3. Documentation of completing the 40-hour Fire Service Course Design class or equivalent.

4. Documentation of a Bachelor’s Degree or higher that meets the requirements of s 817.567

5. Physical ability to perform the tasks associated with the training.

6. Form DFS K-4-1453 and current application fee (no examination is required.)

A PRR will be made to the VFD…

So,Hey Man….Who Do You Trust?….

more to come….

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