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Here’s The Scoop … “WHO CAN YOU TRUST? WHO CAN YOU TRUST?” Vice Mayor McIntee Nov. 10, 2009

November 19, 2009 by Barbara

“IN THE LONG RUN THE CITIZENS, THE WISE CITIZENS WILL SAY….”

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“….who can you trust? Who can you trust?, I yield. “… Vice Mayor McIntee’s last words after another very long Commissioner comments on Nov. 10, 2009…

Dear Readers…it is only 4 months to the time the Vice Mayor/Deputy Chief will get his answer …Wise citizens will tell him loud and clear …We can NOT trust you!…

You can start with the comments he made at this meeting …and work backwards…way, way backwards………His Commissioner Comments began after he was informed by resident Yann Brandt at Public Comments that Mr. Brandt met and gave testimony to State Attorney David Shulson that morning…Mr Brandt arrived at this juncture after exhausting all  avenues available to him in dealing with the Vice Mayor, the Town and the Town Attorney in regard to a sitting first term commissioner now on record stating he deleted 3 & 1/2 years of town-business related e-mails… Mr Brandt’s first request was made for specific dates and concerned the termination of former BSO Chief Scott Gooding (prev. posts)…Mr Brandt made public records requests for subsequent e-mails also specific in content and dates…Those too were deleted by the Vice Mayor… After Mr Brandt described his meeting with State Attorney Shulson, Comm. Dodd in his Commissioner Comments informed the Vice Mayor and the residents he was directing the Town to return McIntee’s deposit for the e-mails the Vice Mayor requested through the Town Manager …..The Comm. and the Vice Mayor were at a standstill over the labor costs owed to Comm. Dodd…Comm. Dodd said he would now await a court order from the State Atty. before turning them over. He went on to tell the residents their e-mails were safe  for now……The residents in the hall applauded loudly… The Vice Mayor laughed in a cocky manner and said ” I’m certainly glad Commissioner Dodd feels his e-mails are his personal property and he’s not obligated to give them to anybody.”…Of course that would mean the same thing for me!”… He went on to speak of the many exchanges he had with the State Attorney Shulson saying he had met with him 4 or 5 times already …Can you trust McIntee  that State Attorney Shulson spoke negatively about a private citizen? Can you trust McIntee when he made it sound as if he has an “in” with State Attorney Shulson and would be stopping in to see him the following week, as if there was an open door policy for him to come around and shoot the breeze?…Can you  trust the Vice Mayor’s account that State Attorney  Shulson agreed “the whole key to any prosecution is intentional and willful. There has to be an intentional act and a willful act to violate the law. Not to do the action, but to violate the law. That’s the whole key here. “…Can you trust that McIntee went and consulted an attorney? Can you trust his statement…”and they said exactly what I’m telling you, you have to have an intentional, willful intent to violate the law? Can you trust McIntee when he says ” Now nobody in my position is going to willfully or intentionally violate the law?”… Can you trust that Vice Mayor McIntee, an elected official who is on record stating he attended Sunshine conferences and on record receiving his elected official handbook which includes public records custodial requirements to retain his e-mails… is on video at 3 hrs and 11 min. in…. stating  “I then delete them”… did not do it willfully or intentionally?… http://lbts.granicus.com/MediaPlayer.php?view_id=2&clip_id=251

Can you trust McIntee on anything? …

Take a look at the very definitions…..he is using to wiggle out of his actions…yet again…almost 4 years into his term on the dais….
“will·ful wil·ful (wĭl’fəl)
1. Said or done on purpose; deliberate. See synonyms at voluntary.
2. Obstinately bent on having one’s own way.
willfully will’ful·ly adv.
willfulness will’ful·ness n.

adjective
1. Done or said on purpose: deliberate, intended, intentional, purposeful, voluntary, witting. See purpose/purposelessness.
2. Done by one’s own choice: free, spontaneous, uncompelled, unforced, volitional, voluntary. See willing/unwilling.
3. Tenaciously unwilling to yield: bullheaded, dogged, hardheaded, headstrong, mulish, obstinate, pertinacious, perverse, pigheaded, stiff-necked, tenacious. See resist/yield.”

The very definition ….”willful and intentional intent”… IS  the very definition of Vice Mayor McIntee …. His 2 homesteaded properties in 2 states…..His probable cause found from the Florida Election Commission when he ran for commission in 2006 ….His  probable cause found from the Florida Ethics Commission ….. His ignoring the VFD By-laws  stating a  VFD officer may not be an elected official…. His written statement to the Florida Ethics board insisting as Deputy Chief he will do no purchasing  for the VFD and by his own dais admission & purchase receipts does just that …His disobeying VFD- SOPs when entering a home on a suicide call before the police and then not offering first responder aid as he is required to…… and now this…His deletion of all of his e-mails in the last year of his first (and last!) term as Commissioner…..Can you trust McIntee that it was was not “willful and intentional” when he did it  for a 2nd time and a 3rd in a span of weeks?….

The requirement to give the records is covered by State Statute 119 and punished by 119.10

*119.10 Violation of chapter; penalties.*–

(1) Any public officer who:

(a) Violates any provision of this chapter commits a noncriminal
infraction, punishable by fine not exceeding $500.

(b) Knowingly violates the provisions of s. 119.07(1) is subject to
suspension and removal or impeachment and, in addition, commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.

(2) Any person who willfully and knowingly violates:

(a) Any of the provisions of this chapter commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Section 119.105 commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

Who can you trust? Who can you trust?…NOT Vice Mayor McIntee……

Not in this town for another 4 years…

To do so would be ……”Willful and Intentional”!

more to come….

Post Division

Here’s The Scoop … The November 10, 2009 LBTS Commission Meeting … #1 …Pileup …

November 11, 2009 by Barbara

IF YOU WATCHED IT YOU SAW THE “STRIKING” SIMILARITY …

Dear Readers … The first and last Commission meeting for the month of November was like witnessing a 98 car pileup….Eying the audience in Jarvis Hall was like watching those witnessing one accident after another with no ability to stop it!…

Town Chaplain George Hunsaker spoke of remembering those who served  and asked all to pause for a moment… He spoke of our Forefathers and Foremothers  and to appreciate all they accomplished…

We began with Representative Ellen Bogdanoff coming to speak on the state of our state…and after she spoke of the hurdles we will face with the budget after the stimulus with “bigger holes” needing to be plugged…the fragments we will be left with and “no silver bullet”…The new approach to once again deal with the vetoed condo laws…Commissioner Clottey bent her ear about the insurance “that’s killing a lot of people”… Rep. Bogdanoff answered back about Citizens being “socialized insurance” since we own it as taxpayers and delved into the departure of private insurance companies and the cost that will come if we get hit by a hurricane and Citizens needs to pay… The in his opening salvo of why he’s gotta go in 4 months…the Vice Mayor embarrassed himself, the dais and the town…in what will surely make its way to Tallahassee when he asked about the 250 million…and Rep. Bogdnaoff had to “clarify” it was 2.5 BILLION…The Vice Mayor was out to lunch in asking her “How many millions in a billion”… He wouldn’t let it go as the residents in the audience could barely contain themselves at his ignorance…But as we all know the Vice mayor is missing the embarrassment gene in his DNA and he wouldn’t let it go…going further into the point of no return!… We hear there were some “Twitters” after this one and not just in the room!…

We went into public comments and this writer presented Commissioner Clottey with the unconstitutionality of her item NB H. put on about me. I informed her of John Thompson and his story of the previous commission when they dealt with him…The fact that this fell under Article I Section 9, Paragraph 3 – Bill of Attainder: A legislative act that singles out an individual or group for punishment without trial and an Ex post facto law…when a law is passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action…I added that my comments of “shame” and “despicable” for her actions toward Comm. Dodd with her item to “rotate” him off the Hillsboro Inlet were most appropriate … Later on the answer for her actions were even more incomprehensible…In her Commissioner comments…Clottey spoke of her new BFF Mr. Oliver Parker…telling her he wanted the Hillsboro Inlet position…The same Oliver Parker she helped to recall with Comm. Stuart Dodd when Dodd headed the CIC and it was his name on the action!… Clueless…Hmm.. What will Parker’s poker buddies think about this strange duo?… Comm. Clottey was off the wall when she went on to say he asked her and when it comes to a vote she will vote for him!…So what does the CIC- President Bob Roberts and especially the Wardlaws think about that one?… YIKES!… Can we recall Clottey?…

Cristie Furth did her clickety clack  walk to the podium to remind all that the Halloween event was once again THE EVENT in LBTS…and to thank the Vice Mayor for without him…there would have been none…She took swipes at the others (the Vice Mayor followed suit in his Comm. comments)…that others did not want to participate and there would be no joy in the “pumpkin patch” if not for the Mc-Furth-Gang…Hmmm. Perhaps Comm. Clottey didn’t have time to discuss past Halloween events with her new pal Ollie…too much time was spent on the Oriana million and the Hillboro Inlet…The cost according to Ms. Furth $1737.00…This writer has a public records request in f or the breakdown…and reimbursements…

Candidate John Oughten spoke of  234th birthday of the Marines…the ethics code and the money we lost when we paid back the 6.1 million in loans…Later in Comm. comments…Jimmy-“spreadsheet” tried his “glass half full” trick by saying we “saved” 600,000 by paying it off…no mention of the $300,000+ due to poor timing to pay it off by the Town Manager with her pre-penalty clause decision…

Mark Brown was terrific recalling then-Commissioner McIntee and the NBCA Survey sent out in 2006…He told all how irate McIntee was that a survey went out without commission approval!..He told us that McIntee had the nerve to tell Brown to demand the surveys be taken back!…McIntee said there was a question that was “factually incorrect” and Mr. Brown said it was indeed and it was not counted in the 11% return of the 100- sent out…Mr Brown wanted to know now what the Vice mayor was going to do about this 2009 survey that went out with no Commission approval…and a question (33′ townwide maximum height) that was “factually incorrect”…but counted by the Town in the Town’s 3% return?…He called on the Vice Mayor for the Town Manager to reimburse the town…but conceded in the end…that we would see once again the VM’s “double standard!

Candidate Scot Sasser spoke on Resolution 2009-27…..

“After reviewing the back-up documents regarding Resolution 2009-27 regarding the MOU for Solid Waste removal (Waste to Energy) I have a few questions and concerns that I would like to present to the Commission. Since these are detailed questions and may take further review I have hardcopies to give to you. Perhaps you have taken some of them into account already but I thought being thorough would be best.

1. 10 year extension is quite long.
2. If the flow control ordinances are changed LBTS will be responsible for maintaining a minimum based on historical deliveries. How will this be calculated? We have progressively gone down and are currently at 2004 levels.
3. Are the flow control Ordinances referenced include County Ordinances? If so, we may have little to say in regard to changes to the Ordinances. Worse yet, if a large participating community changes their Ordinances that materially effects the current flow are we, then, subject to minimums based on the new proposal?
4. Section 3 refers to utilization of “best efforts” to enforce the Ordinances described in Section 2. Along with the same questions that arise about other participating communities, the County or District adversely affecting our agreement I am concerned that the term “best efforts” may adversely over commit us. Perhaps we could change this to “reasonable best efforts”
5. There is a guarantee increase from 1% – 5% per year with our first increase actually being calculated over a 15 month timeframe not 12 months. (Oct. 2009 to Jan. 1, 2011
6. The service fee can also increase due to the following:
a. Non-Interest income that cannot be passed through to the district
b. Any new capital costs, increase operating and maintenance OR decreased revenues of Wheelabrator due to a change in law. This seems to put us at risk for significant increase in opposition to the limits imposed in Paragraph 6
c. Service fees can increase up to 40% due to a change in law (possibly without our input) without the right to terminate. This is substantially high without being able to terminate AND would indicate that increases in capital costs or operating and maintenance have no 40% “out” clause.
7. There appear to be no provisions that protect us should Wheelabrator become defunct or cannot perform under the obligations of this agreement.
8. What are our options to negotiate this contract or is this a take it or leave it scenario? If so, we should carefully look over the positives and negatives before making any decisions.”

Joan Schott spoke out about the previous commission vote to purchase holiday banners and said the money should go to the troops or the homeless…She spoke of lack of handicapped accessibility to get into Jarvis Hall under cover from the elements…and of bus stops still not covered…

Ken Johnson a VFD member came forward with what could be the new VFD slogan if you follow his theme “GET OFF YOUR REAR AND JOIN THE VFD!”…… He was angry at those who get negative about the VFD because of “Jerry and Jim”…He said the VFD is more than “Jerry and Jim”…and “I got off my butt” and joined the VFD…and people should stop “criticizing me.”… Can you imagine if BSO police officers came and spoke like this at the podium… Would their Dep Chief give them praise? No Way! (Dep .Chief /VM McIntee did!)…Look Mr. Johnson you said it yourself, you chose to volunteer…but your membership also chose to not honor its By-laws when you made Mcintee Dep. Chief!… Your members chose  to sit by as your fellow member threatened your Battalion Chief!… Your membership chose to look the other way when the Dep. Chief broke the rules for answering a suicide call and offered no aid as a first responder!… So while many say the problem is not the VFD…it’s the leadership…This writer says…not so fast…it is the volunteer members that decide that leadership…change that…follow your own rules….and the “chastising” should dissipate!…

Priscilla Rysavy came again to ask for some help and to not allow the 2 year extension for Garden and Shore Court…

George Crossman spoke of A1A and traveling in the dawn…concern about bicycles running “2 abreast” and the danger …wanting single file..Comm. Clottey held up the meeting to get the BSO Police Chief in to answer Mr. ” Grossman” (Comm. Clottey does have a problem with names…although she can’t touch the VM in that dept.) … ending with “there’s really nothing we can do”…Last meeting BSO was praised by the TM for how quickly they responded to the bike problem with the alert board placed on Commercial… Clottey vs BSO…nothing new!…

Eric Schott went over the Town manger’s evaluation…he added up the marks and called attention to her “deficiencies”…He hoped she would take it to heart and improve…

Candidate Edmund Malkoon called attention to the politics that marred the Halloween event…the banners and the bull horn… saying he would have had a “candidate” table as Comm. Silverstone did…but he followed the rules put forth by the offenders themselves…Mr Malkoon said it was this type of behavior that causes “polarization” in out town…and it was “deliberate…He added there was no “Welcome to Lauderdale- By- The- Sea ” sign in the mix!…

Spiro Marchelos spoke of the terrorist attack at Fort Hood and how we need to have protection in this town by professional people …He spoke of transparency and read the mission statement for the Town Manager…He spoke of the fraud and slander seen from the dais over the last year…

Bill Vitelli spoke of the Hillsbotro Inlet…how the commission “couldn’t wait to get it away from Parker” …Little did he know at this point in the meeting that Comm. Clottey had a plan to give it back to him!… Mr. Vitelli said now they were going after Dodd  and to give it to a resident would end up costing the taxpayers…wait until the election…He spoke of the commission ignoring Paul Novak and how the 33′ would effect the tourism in town..saying the commission gave Mr Novak no respect “you’re going to hurt the town.”

Pompano Resident Danny Halpert returned despite protestations of his presence at the podium at the prior meeting in Oct….He said we had problems in out town…no reserves…infrastructure  and without naming it Bert J. Harris …He touched on his return saying previously a comm. said LBTS is “praised” from all over Florida, and “you should be able to take a little criticism from your neighbor next door!…

Bob Fleishman came to try and set the record straight again about McIntee and Silverstone getting pensions for being VFD…a benefit… when they claim they have none…later on in Comm. comments Silverstone again tried to deflect that the “benefit” did not come from the town…Hmmm sort of like Dodd’ “benefit ” of medical insurance coming from Hillsboro Inlet?…How about McIntee’s “benefit” coming from having a commander car…and (we hear ) a VFD credit card?…

Renee’ O’Neal …who is Renee’ many asked…she is a Silver Shores longtime resident…on the CIC Board …who came and did quite a “Ode to Jerry and Jimmy” who if you are to believe her ….single-handedly saved this town… all on their lonesome…and oh, yeah…provided to her $20 annual beach parking!…

Louis Marchelos came right afterward…”I have to maintain my composure. I have a tear in my eye.”…(tongue in cheek!)… He went on … “At the last Commission meeting one of our commissioners took his and our time during Commissioners comments to criticize the comments of citizens who speak during public comments. He contrasted his behavior at meetings before his election in 2006 to that of those members of the public who speak now.

What we saw over the past few meetings was the kinder , gentler commissioner, the oh so wronged commissioner finally in touch with his feminine side. Instead of the ruthless political beast we have seen over the last years, we now have a victim.”

………………………………………

Commissioner McIntee ever the “metrosexual”…(NOT)!…Took the “feminine side” like he had just been “outed”…YIKES!… The meeting stopped when the Vice Mayor harped on the Mayor to do something…Jimmy -boy hopped aboard the McIntee manhood bus…and eventually there was a vote to remove Mr Marchelos from the podium…it failed 2-3 (Clottey voted no…and asked Lois to be more respectful!…HUH?)….

……………………………………………

“He said that he was always issue oriented but his adversaries were mean spirited and engaged in personal attacks.
Well, Mr. Commissioner, lets examine your behavior as a commissioner;

1) your discourtesy towards the Mayor constitutes disrespect and political harassment. This lack of decorum is contagious and has spread to the attendees. How can you expect people to remain quiet and respectful when your own outrageous and overbearing conduct towards the Mayor and others with whom you disagree gives the opposite example.

2. your vindictive acts towards those who fail to blindly support you have put the town at risk and once you are out of office and witness are no longer to intimidated to speak there will be a time of justice and recogning.

3. Your threat to sue those who speak in opposition to your undemocratic and secretative acts as a commissioner. Where are the E-Mails. Give up the hard drive. You have destroyed public records .

4) Yes , many of the comments seem directed at you in contrast to other commissioners with whom citizens disagree. There is a reason for this. The other commissioners don’t stifle dissent, they work with it. They don’t have personal hatreds or personal favoritism dictating their official acts and conduct.

Yes, there is an underlying issue in all the adverse comments you provoke. All these citizens are saying NO to your backroom politics and favoritism. They are affirming the openness and evenhandedness of the majority of the other commissioners.

They are saying, Have you no shame! Have you no soul! They are fighting for the soul of this Town!”

Rosa the Tomato Lady… was throwin’ out tomatoes this night boy..she turned toward the right side…and went after the “Mc-attackers”…chiding the candidates for reading from “a sheet” at the podium, saying why didn’t they come speak like her (Roseann…Rosannadanna)…She said she was tired of this…But not too tired to again ask for the decrease in her hardship parking permit fee…wink-wink!…

Bob Karley came to say as a VFD member…he was sorry the north was ever annexed in…they caused the police dept. demise and the VFd…the unions came because of them…they strongarmed…and divided our town…how about “saving our town”…”I got off my rear”…and he “is tired of having people spit in my face”…Anybody else concerned about the VFD membership PR?… OUCH!…

Yann Brandt spoke of being a resident in this town for a long time, the negativity that starts from these meetings…He spoke of Scott Gooding’s departure, the atmosphere that came out of the Town Manager’s actions…and his requests for e-mails from the Vice Mayor on Scott Gooding and having any prior knowledge…He said the Vice Mayor was untruthful…and continued to be so with other specific  e-mail requests along with the Town…He spoke of how he spent his morning,…giving sworn testimony to the Fl. State Atty…. He said the State Atty. spoke of VM McIntee coming in for his request from Comm. Dodd!… No one could believe it!… The Vice Mayor who deleted 3 1/2 years of e-mails had the audacity to go multiple times to the same State Atty. who we now know as fully aware of McIntee’s deletions!… Comm Dodd took it from there when he spoke at his comments…withdrawing his e-mails from McIntee , after hearing Mr. Brandt….(he was waiting for McIntee to pay the labor costs)… He said he would wait for the Stat Atty. to request them with a court order…Hmmm… McIntee’s should come first!… McIntee was full of vitriol in attacking Mr Brandt by making “claims” of conversations he had with the State Atty 4-5 times!… McIntee said he would return to the State Atty… This should be good!… Looks like McIntee is missing more than the embarrassment gene…he missing a few screws as well!… more on this to come…

Candidate Chris Vincent was the last speaker he addressed the MPSC meeting the prior night…

“Christopher Vincent – Corsiar Avenue – Lauderdale By The Sea

Good evening Commissioners, Madame Mayor.

I attended last nights Master Plan workshop. No decisions were made and for once that is good news. A date has been set for December 7th at 5:30 pm to have a roundtable discussion regarding the $980,000 budgeted for beautification of El Mar.

The Master planning committee has spent quite sometime along with the students from the Art Institute of Fort Lauderdale putting forth ideas and suggestions for the use of these funds.

Unfortunately they were not given the accurate information regarding the area the funds were to be spent. They were told the area to focus on was El Mar Drive from Commercial Blvd, south to Palm Avenue. However we learned last night from the Town Attorney that the funds were to be spent within the hospitality district which extends from Pine Avenue to Palm Avenue (not to include the circle downtown).

I ask why? Why did the Town Manager not know that prior to giving the Planning committee and the students direction? The town Attorney had no difficulty clairifying this, she was able to find all the accurate information within documents she requested from the Town Managers office. Again why?

I am glad there will be a roundtable to really figure out what is best for the future of this town.

I sensed pressure from certain commissioners last night to go ahead and spend the money without really looking at the issues we are facing in that area in the future.

I want to see that those funds are not spent for some half hearted effort of digging up medians and sidewalks to only have to re-do them again in a couple of years due to infrastructure changes.

I don’t think you spend a million dollars this instant on something that may not benefit the town in the long run. You owe the residents of this town more than that. You owe us the process. Part of that is knowing ALL the facts before spending the money. The money is not going anywhere. What is the rush all of a sudden.

All is not lost on the work the Master Plan committee or the students have done. There are great ideas and plenty of valuable research that will be helpful moving forward now that all the facts are out in the open.

It would be irresponsible of this commission to attempt to vote to spend those funds without going back to the drawing board and evaluating the area north of Commercial Blvd.

It is common sense to do that, it is accountability to the residents and it is the right thing to do.”

Public Comments over…we took a 10 minute break…

more to come…

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