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Here’s The Scoop … Sometimes “Teflon” Can’t Take The Heat ……

October 15, 2009 by Barbara

MCINTEE VS BSO ….

Dear Readers …At the Tuesday night Commission meeting in Jarvis Hall was the reporter for the Sentinel that covers our town……She must have decided that McIntee had opened the door for the paper to do a story now that McIntee had gone on the record in this open Town Hall meeting and proceeded to all but outright accuse the BSO of not doing their job in the May 4, 2009 suicide investigation, questioning  BSO on the statements written in the BSO investigative report for not telling the actual  sequence of events in interviews with both the widow and McIntee himself…. There are a some very important details left out of the reporter’s story though … perhaps due to space… I will add them below…..(also-prev. post scoops cat.)…

‘”LAUDERDALE-BY-THE-SEA – The Broward Sheriff’s Office has reopened its investigation into a suicide, in response to a request from Vice Mayor Jerry McIntee.”

(BC- Actually McIntee only asked for the investigation to be reopened for the widow…not him…Will BSO do a full investigation?…Make sure to investigate McIntee…Chief Perkins…AMR….and the neighbors…as well as the widow and the daughter to see which version was truthful BSO’s or McIntee’s.)

“On May 4, a 45-year-old man with health and financial problems shot himself in the head at his residence on Southeast 15th Court, according to Broward Sheriff’s Office reports.”

“McIntee, a former Buffalo, N.Y., police officer and currently deputy chief of the town’s firefighting contractor, said he received a page about the emergency and drove to the house where the victim lived with his wife and eight-year-old daughter. McIntee went in before Broward Sheriff Office deputies arrived, even though the fire department’s rules prohibit entering a crime scene until police secure the location.”

(BC- According to McIntee’s statement to BSO …version #1…on the day of the incident and in his “interview” as “Witness #3” he states he heard it on his fire radio not his pager…that change was made in McIntee version #2…. He admits entering in both version #1 and #2… despite the VFD- SOP [Standard Operating Procedure] prohibiting this action)

“I would do it again,” McIntee said, “when you have a woman and baby screaming.”

(BC- The “baby was 7 years old…and McIntee admits he would again break the VFD -SOP spelled out in the VFD By-laws)

“He raised the discussion at Tuesday’s commission meeting because, he said, the widow asked him to discuss the events after the bi-weekly By The Sea Future newspaper published a story on Sept. 25. McIntee said he wanted the investigation reopened to counter the newspaper’s account.”

(BC-The By The Sea Future wrote their story using the all the BSO reports…along with the VFD  and AMR Reports..6 reports in all…containing version #1….McIntee on the dais Oct. 13, 2009 never says his version #1 was wrong ..He sidesteps by saying it is the widow who says it was wrong…He tells version #2 on the dais …but never says outright version 1 as “Witness #3” was inaccurate…and never demands that BSO to retract his version #1 statement )

“Fire Chief Robert Perkins said McIntee was not penalized for not following the rules.”

“He did go against our procedures,” Perkins said, “but I found he was justified.”

(BC- A Public Records Request made by this writer on 10/14/09 to the VFD for the “internal inquiry” the Chief said he did in answer to Comm. Dodd on 10/13/09 was never done. A response from the Executive Secretary of the VFD said the VFD only had the CAD report on the incident.)

“The night of the shooting, McIntee said he entered the couple’s bedroom, saw what had happened and moved mother and child to the living room.”

(BC- in version #1 McIntee says the mother and child followed him into the bedroom…In version #2 McIntee says the mother and child were already in the bedroom..in version #2 McIntee says he “swooped up the mother and the child…then “consoled” them in the living room)

“There was no chance of recovery,” McIntee said. “I looked at him briefly — maybe five, 10 seconds — and sensed there was no hope.”

(BC- The above statement was McIntee version #2)

“When deputies arrived, the victim’s arms were trembling, according to a Sheriff deputy’s report. McIntee is a training officer for the fire department but said he did not perform first aid.”:

(BC- This was in the BSO Police event report from the night of by the officer … McIntee is listed as having basic CPR only on the VFD Roster.)

“McIntee told Broward Sheriff Det. Raymond Carmody that he knew the victim was dead because of his color. McIntee also said he never checked for vital signs, according to Carmody’s report.

(BC- This was in the BSO investigative report done at the fire department…version #1.)

“When Mayor Roseann Minnet read from the report and asked McIntee about it during Tuesday’s commission meeting, he said, “That came from a homicide detective who did not take any tape or any notes and who didn’t generate this report for three months.”

“So you’re calling this report a lie?” Minnet said.”

(BC- McIntee never says it was a lie…he was careful not to say that …using the above description of the detective and adding the detective was now sick…and then expanding into the interview being at the firehouse and stories of what McIntee did by putting his feet on the desk…but never saying it was inaccurate.)

“Asked again Wednesday about this part of Carmody’s report, McIntee said, “I don’t know where they got that.”

(BC- WOW!… Talk about throwing down the gauntlet….McIntee the day after the Public Safety Discussion says he doesn’t know where BSO got his version #1 statement?…BSO better get this detective back from sick leave to answer McIntee’s response  to the reporter!)

“Carmody’s report also says that according to an EMT with the town’s ambulance contractor American Medical Response, the victim had intermittent vital signs and was treated and transported to North Broward Medical Center, where he was pronounced dead.”

(BC- This was contained in the AMR and BSO reports.)

“The shooting victim’s widow did not return several telephone messages and did not appear at Tuesday night’s commission meeting when McIntee asked the Broward Sheriff’s Office to reopen the case.”If there is any doubt as to what circumstances were at that event,’ McIntee said, “the widow can corroborate what happened.”‘

(BC- We hear McIntee tried unsuccessfully for the widow to appear…and again he ONLY wanted BSO to reopen the case for the widows version #1…not his!)

BC- What was also left out of this article was McIntee’s previous definition of defamation statement made the evening before at the LBTS  Town Manager Performance Review and his threats to the Editor of the By- The- Sea- Future for “slander”… Mr Brown and his newspaper have nothing to fear from the Vice Mayor……They used the 6 reports generated by the departments involved and can back up everything that was published… as McIntee well knows…Those reports became backup for the Public Safety Discussion item put on by Vice Mayor McIntee  http://www.lauderdalebythesea-fl.gov/town/backup2009.htm scroll down to item 7 a.

full text link to the Sentinel below…

http://www.sun-sentinel.com/news/broward/lauderdale-by-the-sea/sfl-mcintee-suicide-probe-101509,0,4620664.story

more to come….

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Here’s The Scoop … “A THREE HOUR TOUR”…….

August 9, 2009 by Barbara

WITH GILLIGAN…THE SKIPPER TOO … http://www.youtube.com/watch?v=qycmb7_LvsA

0717091023a

100_4007

Dear Readers….We all heard about “need” for the return of the BSO  “Fire Boat” and it was returned some months ago from the BSO for the VFD …YEAH BABY!…

It is now ready for “prime time” after being all lettered up and detailed to the tune of $9,548.48 (according to the 3rd VFD income/expense report)… Sitting pretty in the newly extended dock and pilings  (no details on this expense in the report) ..the boat left at around  10:30 am… with  Vice Mayor /Dep. Chief McIntee, his pal Marc Furth (AKA John Doe who lives on El Mar Drive in Town Hall East) and a 3rd “wheel”…

An observant and curious taxpayer was taken aback by what could only have been a joyride on the taxpayer’s dime(s) ….which prompted the eyewitness to give the heads up to those that cover what happens in this town……This observation was just the first of many as the day went on…There were plenty more questions coming from those who watched the trio out and about having some fun…There were calls and sightings as the boat sped from the Intracoastal out into the ocean…heading north at quite a clip ….while wearing no life jackets…(although the Chief said it was required)……

In this edition of the BTSFuture paper (page 5)…..http://www.bytheseafuture.org/( the 2nd picture) shows the boat docked after returning from the 3 1/2 hour excursion…again clearly showing a piece of VFD equipment was used for personal use….Editor Mark Brown made an inquiry to the VFD concerning the use of the boat this day…he received back the response it was a “training exercise”from the VFD secretary…and later a backup response asserting it was “performing training evolutions” from the Chief.. REALLY?…Training for what kind of “evolutions” with the Town/VFD photographer who is not a FF according to the Roster…(although he has a VFD pager which may violate Hipaa)….

A member of a professional public safety department told this writer immediately upon hearing of this Mc-Furth escapade …that no one in their organization would ever be allowed to use a piece of equipment in such a manner…No way!…No how!

To add to the skepticism of calling it “a training exercise ” was the sightings last weekend of the fire boat out again going up and down the Intracoastal with the Dep. Chief’s fill-in while he’s away…Captain McGirr on board along with other VFD …..out and about and to all who watched definitely not training….The emperor wore no life jacket!

In 2007…if BSO was caught doing this kind of stuff ….there would be 3 pages of minutes containing  a barrage of questions from the investigating Commissioner McIntee…But in 2009….it’s anchors aweigh!….THE MILLIONAIRE….AND HIS WIFE…THE MOVIE STAR…THE PROFESSOR AND MARYANNE …..

more to come …..

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Here’s The Scoop …The New Chief In Town Is Top Cover News …. / Below The Fold Is Colon’s Contract Cover up …..

August 8, 2009 by Barbara

THE FUTURE IS ONLINE …

http://www.bytheseafuture.org/

Scroll down to see the Contracts/ the cover-up and the breakdown…

more to come……..

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Here’s The Scoop … What Do Supreme Court Justice Sotomayor and LBTS Town Manager Colon Have In Common? …

August 7, 2009 by Barbara

A LIFETIME CONTRACT!……

THEN- COMMISSIONER MCINTEE …APRIL 24, 2007 COMMISSION MEETING …

12 G. Old Business…page 26 (minutes.)….

‘ Commissioner McIntee asked to withdraw his previous for acting [manager], and wanted to amend it to PERMANENT TOWN MANAGER’….

‘Attorney Cherof stated that “THERE IS NO SUCH POSITION AS PERMANENT TOWN MANAGER, ONLY TOWN MANAGER.’

BC- Little did they know…OR…. did they know that ‘Acting Town Manger Colon’ would indeed become “PERMANENT TOWN MANAGER COLON”!…

Dear Readers as promised below are the scans of the Town Manager’s contract…7 pages that will show exactly what Ms. Colon added to her contract…which was previously posted (scoops cat. July 16,2009 It’s Fiction) and is below the fold in a 2 page story and editorial by Editor Mark Brown in this weeks edition of the BTSFuture newspaper…(online soon…hard copies available throughout the town)…

The minutes from which the above statements are included are available online…April 24,2007 ( pgs. 25-27) / May 22,2007 (pg. 19) http://www.lauderdalebythesea-fl.gov/town/arc-meetings.htm

The “Cliff Notes” are …in April 2007 “Acting” TM Colon was asked again if she wanted the TM due to TM Baldwin’s assertion he would not withdraw his resignation…the Comm. was going to start a search if she declined…Comm. McIntee wanted Colon appointed TM  and the town owned car returned ASAP…discussion followed…Comm. Clark asked if Colon was “agreeable to be “acting TM”…and suddenly she went for the brass (GOLD) ring…and said she “was tired of siting second fiddle to everyone either  she’s the Town Manager or she’s going back to Finance.” (Wish we could do a do-over!)….Mayor Parker double checked her “willingness”…and 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.”…Motions were made…Colon stated her desire for a “decent staff”…McIntee made his “permanent” motion…the all withdrew their motions to start again …Silverstone/ Yanni made the new motions..McIntee still wanted the car…the motion passed 5-0… May 22,2007…Comm. Silverstone brought up the new TM contract and “stated the Esther took over Robert Baldwin’s old contract”…specifically talking of the 10 wks Baldwin had in his agreement that Esther took out…Comm. McIntee also spoke of Esther removing the 10 wks. Baldwin had in his agreement… “She,[Colon]  he [McIntee] stated that she GAVE the Commission a very nice gesture without asking for it, SHE REMOVED OTHER THINGS AS WELL ON HER OWN.”…(Nothing about how Colon really took the town to town with her additions to her new contract.)…She must have been grinning inside like a Cheshire cat!…

The Contract….pages 1-7…

page 1…include 3.0 that provides for ” the Town Manager’s term of employment is therefore NOT FOR A FIXED TERM.”..

colon employ agrmt page 1

page 2…contains 5.1.1 “three hundred and sixty-five (365) days of severance pay, less customary withholding”…5.1.2 unreimbursed expenses/5.1.3 accrued and unused vacation leave/ 5.1.4 accrued and unused sick leave….

colon emply agrmt pag 2

page 3… includes 5.1.5 accrued compensatory time accrued prior to being  TM/ and if she either leaves by mutual agreement/disability or death/ resignation…(we have heard from sources close to the administration the TM WANTS to be fired…page 2 explains 365 reasons why!)…

colon employ agrmnt page 3

page 4 contains…the further compensation for time as Finance Director accrued (8.1.4)/ 9.0 Automobile … late model..unmarked business/ personal unrestricted/10.0 vacation sick leave insurance etc./ 10.4 retirement trust

colon employ agrmnt page 4

page 5 includes…a second trust paid into by the town/ her travel expense…(13.0 Indemnification title…explanation on pg. 6)

colon employ agrmnt page 5

page 6 includes 13.1 “town shall defend , save harmless and indemnify TOWN MANAGER against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of TOWN MANAGER’S duties as TOWN MANAGER. Town shall either compromise and settle an claim or suit or pay the amount of any settlement or judgment rendered thereon, if not compromised and settled….(meaning the TM has the Town by the Brass balls if we tried to fire her and not pay! …ALLEGED ACT OR OMISSIONS…YIKES!..)/ 15.0 Performance Evaluations (prev. post)/ hours of work…

colon employ agrmnt page 6

page 7 is the final page…it includes 17.0 BINDING EFFECT…and is the page that raises the most questions…due to the signatures contained…TM Colon…who obviously KNEW what was in the contract and how it differed greatly from her predecessor (see below)/Former Mayor Oliver Parker…who is quoted in the BTS Futures “I knew what was in there.”..”he felt one year’s severance was excessive , but decided not to fight it.” saying he wanted 6 months Colon wanted a year…and further stating the Commission had no problem with the rest…BUT Comm. Clark and Yanni say they never saw the revised contract and voted on what is contained in the minutes/video from April 24,2007/ Former Town Atty. Cherof is also a signer and curiously is signed under “Approved as to Form”…..He did not return Editor Brown’s calls…Mayor Parker says Cherof worked with Colon on the “major changes” to her contract…and Colon on the dais last month asserted he was involved…Readers probably know this writer has issues with the former TA…due to behavior on the dais when recounting our interaction regarding a Slapp suit (dismissed) against myself and another P&Z board member…but,  it is quite disconcerting if true that he assisted and did not advise the full commission of all changes made…For a partner in a law firm once called “the Monarchs of Municipalities” in a long ago news story…it just seems implausible he would allow this to be voted on and approved without full disclosure to the Commission and the residents!…

colon employ agrmnt page 7 signers

Former Town Manager Robert (Bob) Baldwin’s…letters of stating his agreement with the Town…

DECEMBER 28, 2001….which includes his “week to week basis”/ “obviating the need for the severance provision or notice requirements in the contract”/ “I continue to serve at our mutual desire/”neither contracted severance nor notice requirements”

bob baldwin 2001 employ agree

June 14,2009…letter EMPLOYMENT CONTRACT…includes To Commission..(including McIntee & Silverstone)/ ” 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.”…

bob baldwin 2006 employ agree

Dear Readers after the above was written up on this site..(July 16,2009)…..I believe Comm. Silverstone decided to set the record straight…either because he too was in the dark ( along with Comms. Clark and Yanni….or he was assisting (in this writer’s opinion) in a cover up…by asking for a copy of former Manager Baldwin’s severance package…assured it would show big bucks…

THE MEMOS SILVERSTONE REQ./ ADMINISTRATION RESPONSE…

July 22,2009… which includes on page 1 it was to Comm. Silverstone/ page 2 a lump sum of $150,989.06… Of note this writer was informed by a reader of the anonymous blog that the day this was received by the Commissioners it appeared on the “portal” blog as proof that Baldwin got the same…But, I knew the numbers did not add up …

baldwin req. silverstone

bob baldwin #1

Commissioner Dodd was not going to let it slide…and he asked for the “breakdown”….page 1 his e-mail/ page 2 & 3 memo back with breakdown…that showed the final payment was just as Former Manager Baldwin is said to have asserted ..Payment for unused holiday/sick leave over his long years of service and for work done when coming back into town during his consulting time in Lake Worth (he was not compensated for his Lake Worth time)…….It is said Former Manager Baldwin was quite taken aback at his being “pulled back in” to the politics of LBTS via the assertions made from the dais by Commission members and the Town Manager…and one friend of his has told this writer…he called the Manager and let her have it….WOW!….

COMM. DODD REQ./MEMOS WITH THE BREAKDOWN…

baldwin req 31 dodd

baldwin brkdown req. dodd

bob baldwin #2

There you have it…hope your zooms were working and this will make all residents…taxpayers and voters interested in the future of this town show up en’ masse to the September 10, 2009 Commission Round Table where the Commission will discuss the Town Manager Performance Review….

This writer thinks the Commission should ask the Town Attorney if this contract is really binding or if due to at least 2 former Commissions now on the record stating it was not the contract they approved of and they would not have approved it with full disclosure it is in fact null and void thereby voiding the severance and the indemnity clauses…..in a final TOUCHE’ TO TOWN MANAGER COLON….

more to come….

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Here’s The Scoop … Time To Abandon Ship …..

August 7, 2009 by Barbara

JUSTIFICATION IS HERE …….. GET OUT THE LIFE JACKETS….

7/29/09 VICE MAYOR MCINTEE’S COMMISSIONER COMMENTS….

” AH, THANK YOU. AH THE TOWN’S GOING IN A PRETTY, PRETTY STRONG DIRECTION AND IT SADDENS ME THAT THERE’S SO MANY PEOPLE THAT ARE TRYING TO TEAR DOWN THE ADMINISTRATION. IF YOU HAD GROUNDS TO TEAR THE ADMINISTRATION DOWN, I COULD POSSIBLY JUSTIFY IT.”…

Dear Readers …Much to come today…and over the week to come…. It started with this writer looking into whether the Town Manager kept a Performance Review clause in her 2007 contract….and morphed into a full out cover up… … We all heard the “spin”…of what the Manager took out of the previous Town Manager’s contract……kudos were given all around…what a gal!….BUT what she put in it…and how it went down…puts her “grounds” for dismissal of “fiscal irresponsibility” used to “reassign” BSO Chief Gooding look like the ultimate lesson in hypocrisy!….In a previous post  (see scoops cat. on July 16th, 2009…”It’s fiction”) I wrote about the astonishing differences between the the Colon contract and that of her mentor and predecessor Baldwin…Today in the BY THE SEA FUTURE paper there is more!

Folks…Run out and get a copy….and then get the zoom ready on your PCs, Macs, Blackberrys and Ipods…because the scans will be posted of the Colon/LBTS May 2007 contract…the Baldwin 2001/2006 letters reaffirming his agreements with the Town….Recent Town Hall memos that show  (in this writer’s opinion) an attempt by at least one up for re-election Commissioner to join the administration in a “cover up” of  their longtime dais sideshow assertions of the contract (as recent as last month)…..and the memo that had one Commissioner not taking the “bait” and getting further confirmation of the ruse!…Add to that the investigative reporting done by Editor Mark Brown…..which took this miscarriage of justice beyond the paper trail to the participants…and who was left in the dark…. who knew….who countered the recent “cover-up”…and who would not respond…YIKES!….This too will be “fleshed out” on this site…

Then it’s time to ask the Vice Mayor….Did he know?…If he did and remained mum…. he would then be complicit  in the 2007 Town Manager’s LIFETIME contract containing full severance for being fired……a double pension plan   …. and indemnity clause that covers her legal fees to fight for what some say is approx. $250,000.00 to get her out… (and SHE  did it without benefit of a townwide referendum ala the VFD Mc-plan)…..If Vice Mayor McIntee did not know…is this enough for him to “possibly justify”…why “so many people that are trying to tear down the administration”…Looks like we have “grounds”…but thanks to the Town Manager…”who abides by the law”…stating she has a “BINDING”  agreement with the town sit will cost us big time…what a gal!…

Talk about “fiscal irresponsibility”…with Town Manager Esther Colon in charge…we were taken in hook, line and sinker!…

Time to abandon ship?….

more to come….

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