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Here’s The Scoop … Stand By Your Man Part 2 …

February 25, 2010 by Barbara

WAS IT WORTH $34.20?…..

Dear Readers…every so often this writer does a Google to see where my posts go…If they have been copied elsewhere…(they are copyrighted)…and so forth…. It’s always interesting…and always provides some surprises…Sometimes it’s where they have traveled throughout the world…and sometimes it’s pure fodder…Last night it was the both… Take a look…(link below for verification)…and you will see if Candidate Commissioner Jim Silverstone was really a nice guy…he would have chosen to “stand by his woman”…who told everyone and anyone prior to his filing on day 1 of the qualifying that she did not want him to run…and their wedding was on hold…This included those he would be opposing for his seat on the dais……Jim “He’s not a nice guy” chose to run again…His Fiancee’ has chosen in this writer’s opinion,  to put anger elsewhere and it looks like she thought it was worth $34.20 to go online to see if they could sue this writer for posting his record…his actions and my opinion….. She received her answer…She cannot..Freedom of Speech…..”Stand by Freedom of Speech”….(Can’t you see Tammy singing that one?)…..

I “stand by my posts” …and ask voters if you want to see what is what…go to a post…such as the commission meetings …or the ethic charges of probable cause…and then either go to the Town website and go to the videos and watch…  http://lbts.granicus.com/ViewPublisher.php?view_id=2 ….Go to Google and put in James Silverstone Florida Ethics Commission…and so and so forth…

Why do I do it…because I too was an uninformed voter who was told alot of stories…told a lot of promises and was hoodwinked ….It has not changed  in campaign 2010 ….Just the other night this writer watched in horror as Candidate Jim Silverstone “stood” and told SRClub residents we had an ordinance for kitesurfing…His pal Peanuts Wick tried to say it was tabled…This writer said it was not…Jerry McIntee incarnate Bob Dickman turned to scream at me to “Shut up” and followed that up with a nasty and sarcastic “It’s a good thing we have you.”.. I responded “Yes it is”… I told the residents the kitesurfing “died” because not enough people were there to address the 2nd day…A memo was received by the Commissioners  shortly after that visit..and it verified that the kitesurfing did indeed die after VM McIntee let it go…no table…no ordinance…no bull…”Stand by no bull”….

Just a reminder to the Fiancee’ I could have saved you $34.20……..This writer will stop writing about the “husband to be” after the “husband to be” is off the dais…and it is of course this writer’s hope that will be on March 9, 2010!… “Stand by voting him out”….

In the meantime…I will continue to call Candidate Commissioner Jim “He’s not a nice guy” Silverstone on all of his actions..his claims…and his McIntee -like record!… “Stand by your record”…

…………………………..

FOUND ONLINE…..

“Question
My husband to be is a commissioner we have this blogger in town who is filled of hate calling names putting false info on her blogg about him and me, its election time again she is just pure of hate having someone take pictures of his car at a friends house saying all kinds of lie. how can we stop this harresing all of his friends,,it could be a class action law suit about 10 people what type of lawyer do we go to and could anything be done
Submitted: 29 days and 9 hours ago.
Category: Legal
Value: $34.20
Status: CLOSED

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State/Country relating to Question: Florida

Already Tried:
nothing she is just a liar calling everyone names from fat just pure hate

Posted by Dimitry Alexander Kaplun 29 days and 9 hours ago.
Info Request
Thank you for your question.

What types of lies is the blogger stating?

29 days and 9 hours ago.
Reply
un true things about him his signs calling names.if you would like go to Barbara cole by the sea.com almost all of it is lies you would have to just look at it to see what type of person she is

Posted by Dimitry Alexander Kaplun 29 days and 9 hours ago.
Info Request
Could you be more specific? Some comments are protected speech and some are not–I need to know what the blogger is stating to tell you if you have a cause of action.

Please advise.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

29 days and 9 hours ago.
Reply

CANDIDATE-COMMISSIONER SILVERSTONE DOESN’T DO HIS HOMEWORK …

While Comm. Jim (He’s not a nice guy) Silverstone is being portrayed by his camapaign manager’s Furth as “Coach Jim”…and Santa Clause…Many see him as the “Pillsbury Dough Boy” or Norm Crosby…a man who “Pecifically”…saw “Udder”…. ways to enact a code of “Ethnics” for the Town Commission… Voters need to remember…Silverstone is no “harmless ” Commissioner…worth a vote in 2010 now that his BFF McIntee will not be on the dais to lead him by the nose in how to vote ( a look at their records over the last 4 years show they were identical )… There is no such thing as a “harmless elected official”… Not when that elected official is “armed” with a vote that impacts their constituents!… Jimmy-boy also has a problem with details and following election rules…as seen from his site…”For Commissioner COMMITTEE”…Hmmm….something new he has in mind for LBTS if he returns?….OOPS…(this writer printed it out to retain proof before he can fix it)…

“© Jim Silvserstone for commissioner committee 2010″

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LBTS TOWN WEBSITE …. FODDER ….

Accepted Answer
Thank you for your follow-up.

From what you posted, most of it is protected speech. Since your husband is a “public figure”, so long as the information is not false and is opinion, it is considered protected speech. For example, if your husband does have an identical record, then it is not defamation or slander as it is true.

If such information is not true, however, you can consider filing a defamation suit against the person. This is not a class action suit, as all parties have different injuries–all have to file separately. You will need a civil litigation attorney who has experience with first amendment rights to help you.”

http://www.justanswer.com/questions/32bsw-my-husband-to-be-is-a-commissioner-we-have-this-blogger-in

more to come….

Post Division

Here’s The Scoop … Was Town Manager Esther Colon The Letter Writer Of The “Cuban” Question At The LOWV Meet The Candidates Night Feb. 16, 2010? …

February 17, 2010 by Barbara

DID SHE SUBMIT THE “CUBAN” QUESTION?….

Dear Readers…in the previous post this writer wrote about the fear-mongering that was introduced at the Feb. 16, 2010 Meet The Candidates Night meeting when a a question asked by the moderator from the League of Women Voters…As I awaited her response (see below) …little did I expect that the person who submitted that inflammatory question may have been the Town Manager herself!…

I saw today a memo Town Manager Esther Colon sent to the Commissioners dated on the very day of the MTCNight meeting …Feb 16, 2010…The verbage used in this memo which was a response to an “Open Letter” Commissioner Dodd sent to his fellow Commissioners and the Town Manager on Feb. 9, 2010 was identical!…WOW!…How was that possible?  You can judge for yourselves…

Also included was a diatribe …yep another one…that feeds into the belief from many “insiders” in Town Hall that the Manager wants to be fired… She is still in this writer’s opinion trying to justify actions made by her that cannot be justified…Again you be the judge (as one Yellow- paper wrote in their last edition)…

While you are reading this..know this….today we hear the Town Manager hot on the heels of Commissioner Jim “He’s NOT a nice guy” Silverstone’s false statements last night concerning wrongdoing by the Director of the Senior Center has tried to “strong-arm” him with going to Broward County to do an audit he will not be allowed to participate in…and stopping any payment to him at this time without the knowledge of all the Commissioners!… This rings true to me, due to the FACT that this very same “Public Servant” who states in her memo (below)  “In my immediate family, there are four Public Servants and my family’s combined years of public service are in excess of 80 years.” has repeatedly gone after the former Town Fire Marshal to first stop his unemployment benefits (he was entitled to them)…She appealed them…She lost and is trying to appeal them again…OUCH!…

The question now…When and if this stops…with a new commission in March?…

……………………………………………

“Letter to all Commissioners, Mayor, Vice Mayor and Town Manager

February 10, 2010

DO NOT REPLY BECAUSE OF SUNSHINE

I was appalled by the lack of respect and decorum shown by various members on the Dias including the town manager. I would respectfully suggest that the manager carefully reads the ICMA ( International City/Council Manager’s Association) tenets and code of ethics in full. Pay particular attention to tenets 5, 6 and 7. How can you claim that you were not getting involved in politics and then carry out a full scale attack on one of the local newspapers with whom you have a difference of opinion?

Secondly: I wish to point out that the commission voted on the rules of decorum and it was to be only one warning and the vice mayor brought to our attention that this also applied to members of the dais. After only one warning then anyone in the audience or on the dais including the manager can be removed.

Thirdly – I want you all to pay close attention to the difference between a “personal attack” and a “personal opinion”. We have laid down very broad parameters that allow members of the audience the right to address us by name and then criticize the way we carry out our duties as elected officials. It is unpleasant to have to sit through comments such as “Commissioner Dodd you are clueless and have no idea how to conduct the town’s business – why don’t you pack up and go back to England”. This is a personal opinion nothing more. The reference to another country such as England or Cuba is allowed and can not be considered as a “personal attack”. If someone calls you a “liar” or a “thief” or “of doubtful parentage” then these definitions come within the realms of “personal attacks” and the speaker should receive an immediate warning. At last nights meeting in my opinion there were no public comments that were “personal attacks” within our very broad guidelines. The mayor was elected to be the one with the gavel – let her decide whether the speaker crossed the line.

I hope our last two meetings can be conducted with some vestiges of respect towards each other and an understanding of our roles within the municipality and the reasons why we were elected. We are there to serve the people and the manager is there to guide and assist us in every aspect of carrying out our duties (tenets 8, 9 and 10).

Stuart Dodd

A full copy of all tenets can be found on the ICMA web site” http://icma.org/main/bc.asp?bcid=40&t=0

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“Town Of Lauderdale-By-The -Sea

OFFICE OF THE TOWN MANAGER

MEMORANDUM

February 16, 2010

To: Mayor Roseann Minnet

Vice Mayor Jerry McIntee

Commissioner Birute Clottey

Commissioner Stuart Dodd

Commissioner Jim Silverstone

From: Esther Colon, Town Manager

Subject: February 9, 2010 Commission Meeting

This memorandum is in direct response to a letter dated 02/10/2010, authored by the Honorable Commissioner Stuart Dodd, Town of Lauderdale by the Sea, and addressed to “All Commissioners, Mayor, Vice Mayor and Town Manager.”

Since this letter is addressed to me. I see it as only fitting and proper I respond.

We are currently in the midst of a very nasty political campaign that sees to bring out the worst in peple resulting in unsubstantiated, misguided and uniformed expressions that are publicly reported as facts, when the truth remains untold.

I need not remind you that I am not a politician running for office. I am not participating in any political campaign, and I have not publicly endorsed anyone running for office,

I am a professional contractual employee of the Town of Lauderdale by the Sea. I was contracted as the Town Manager, and pursuant to Florida Law and the Town’s Charter, I am obliged to comply and insure compliance with existing laws and ordinances. My actions are not guided or motivated by any underlying political motive, as I am not an elected official, nor do I want to be. I am an appointed employee of the Town. I was appointed by a majority of a sitting commission, made up of five elected officials.

Lately, an item contention has been the claim that I have an employment contract for life. That could not be further from the truth. The truth is that I serve art the pleasure of the five sitting member commission. If you do the math, it takes one swing vote on the commission to terminate my lifetime contract. If at any time, three sitting commissioners decide that my services are no longer needed or desired you need only to speak up and vote your conscience.

Having said that, after more than 30 years of public service and countless accomplishments and recognitions, I refuse to apologize for a contract that I negotiated in god faith,in a public forum that was approved by five elected officials. If you disapprove of my performance, all it takes is that one swing vote. In the meantime I intend to carry out and fulfill my duties as Town Manager until otherwise decided by a majority of the Town’s Commission.

Now, I would like to address the issue of freedom of speech and the freedom of the press. I do understand that publications in this country have the absolute constitutional right to express and print their opinions. This is an immense power that can be used to mislead the public into believing information as factual when in reality it is information expressing one biased political viewpoint. Let me remind you that every story has three sides, two opposing opinions and the truth somewhere in the middle. It is also my constitutional right and responsibility when it relates to facts I know not to be true.

Freedom of speech does not give a person license to be disrespectful and or discriminatory. Although commissioner Dodd opines otherwise, a comment “Why don’t you pack up and go back to England” when directed at a person of English ethnicity, or a comment such as the one recently made at the February 09, 2010 Commission meeting. “Cuba, get out of this country, get back in your boat, go find your paddles, go back to you dictator”, is very much offensive, insulting,disrespectful, unprofessional, disgusting, demeaning, annoying, discriminatory…. need I say more? No, this is not an expression of an opinion; far from it. In fact, it is foul conduct that constitutes disorderly conduct. I can not more strongly express my disagreement with Commissioner Dodd’s opinion that these comments are not personal attacks. If they were not personal, please explaining to whom these comments were directed to?

As for going back to Cuba. I should not dignify the comment with a response, but let me say my father was born in the US and served honorably in the US Navy and my mother was Cuban born and worked her entire life in New York retiring from her job and realizing the American dream of owning her own home with a white picket fence. In my immediate family, there are four Public Servants and my family’s combined years of public service are in excess of 80 years. And last but not least, I was born in the State of New York, in the United States of America. The Cuban comment was not an opinion; it was an utterance of complete disrespect. It goes without saying that even though I am not one myself, we are a country of immigrants, a fact that I am proud of.

The biggest insult though is Commissioner Dodd’s admonition of my conduct as it I were his direct subordinate (God forbid). Commissioner Dodd, not only are your opinions misguided, but I for one, am not certainly bound by them. What in heaven’s name wee you trying to accomplish with your letter?

Respectfully submitted Esther Colon, Town Manager”

………………………………………..

COMPARE….

QUESTION READ FEB 16, 2010 LOWV MEET THE CANDIDATES NIGHT…

Moderator Carol Smith- “This is a question on decorum on the dais. Freedom of speech in the United States is protected by the First Amendment to the Unite States Constitution and by many State Constitutions etc.considering our protection on freedom of speech.
However, being educated enough to know when racism is being brought into Town meetings, how do you view the issue of recent public comments made in Town meetings such as Banana Republic. get out of this country, get back in your boat, go, I’m reading this, go find your paddles, go back to your Dictator. As a member of the Town council will you continue to allow this type of speech as freedom of speech or do you think it should be considered proper.”

MEMO SENT BY TOWN MANAGER ESTHER COLON FEBRUARY 16, 2010…

“Freedom of speech does not give a person license to be disrespectful and or discriminatory. Although commissioner Dodd opines otherwise, a comment “Why don’t you pack up and go back to England” when directed at a person of English ethnicity, or a comment such as the one recently made at the February 09, 2010 Commission meeting. “Cuba, get out of this country, get back in yout boat, go find your paddles, go back to you dictator, is very much offensive, insulting,disrespectful, unprofessional, disgusting, demeaning, annoying, discriminatory…. need I say more? No, this is not an expression of an opinion; far from it. In fact, it is foul conduct that constitutes disorderly conduct. I can not more strongly express my disagreement with Commissioner Dodd’s opinion that these comments are not personal attacks. If they were not personal, please explaining to whom these comments were directed to?”

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THE FACTS AND PUBLIC COMMENTS MADE FEBRUARY 9, 2010…(prev. post)

This writer wrote a post on Commissioner Jim Silverstones “Whopper” of a $3 million dollar deal (prev. posts) that included an excerpt from a story I wrote for the BTSTimes in 2007…

“BC-FUNNY STUFF- “The audience was incensed and one resident screamed out in disgust, accusing the Mayor, the attorneys and the developers of being thieves! ( This resident is from Cuba and could not contain his anger towards this happening in his country.)… Yep, it’s him…Mayoral candidate Joe Couriel!…”

At public comments resident Bob Schuyler spoke about that article and included the following statement “Then a local resident from Cuba called all involved thieves. How about the one dealing from his personal office?” Meaning Comm. Silverstone and his statement on Jan. 26, 2010 that he made a deal in his office on Commercial Blvd…

Joe Couriel the Furth-CIC-endorsed candidate for Mayor came to speak and he said this as he ended his comments…” Um, thank you very much and ah, by the way I did call out thief. I was pro, very proudly removed from the audience at that time because those that made that deal gave away two million dollars of our money and ah, we could’ve had more. But what happened to that other two million who knows? Maybe one day we’ll find out. Thank you.”

…………………………………

BC- First, Comm. Silverstone take note… Joe Couriel acknowledges this writer wrote the truth in 2007…Take note readers- Joe Couriel candidate for Mayor says ” I was pro, very proudly removed from the audience at that time”…and Take note voters- Joe Couriel candidate for Mayor says “because those that made that deal gave away two million dollars of our money and ah, we could’ve had more. But what happened to that other two million who knows? Maybe one day we’ll find out.”…either he is buying the “Whopper” Commissioner Silverstone was selling on Jan. 26th…or perhaps he too needs to visit the Fl. Ethics Commission to explain any knowledge of  an ex parte communication violation Comm. Silverstone was a party to?… OOPS!…

………………………………….

Right after Joe Couriel, resident Chuck Gress was called to the podium to make his public comments which ended with this ” We’re a democracy and not a dictatorship. You want your  like run by a Dictator move to Cuba. Ask yourself this, ask this, how many people are on the nightly news with stories being reported about them making rafts out of coconuts and plywood trying to paddle to Cuba?”

……………………………..

BC- again, Readers can see the comments came from an article written by this writer in the By The Sea Times in 2007 …

First  LBTS Resident Bob Schuylar referenced it in his comments directed to Comm. Jim Silverstone and not to Town Manager Colon …

Second Mayor Candidate Mr Couriel said the 2007 article was truthful…and he did yell out and was removed from the hall…and was proud of it…

Third LBTS Resident Mr. Gress made his comments that have been said often by politicians and immigrants from Cuba and those comments in this writers opinion were “used” by the Town Manager, the Vice Mayor and several backers of Candidates Silverstone, Evans and Couriel to rile up the hall!….

Perhaps the Town Manager should revisit the video and see what was actually said… http://lbts.granicus.com/MediaPlayer.php?view_id=2&clip_id=287

As far as the contract the Town Manager speaks up “Lifetime contract” she knows full well is used due to the FACTS that she has no term in her contract, something this writer is told was in her initial contract agreement…and if she is terminated she walks away with one full years salary to the tune of $160,000 + …and no matter how many times this Town Manager, Commissioner Silverstone, Vice Mayor McIntee or her backers try to make the taxpayers look elsewhere …this “truth” is contained in her own words…the words of Commissioner Silverstone and Vice Mayor McIntee from 2007 to 2009 when all three repeatedly told the taxpayers her contract was the “SAME” as her predecessor with the exception of not having 10 weeks paid leave…It was this writer who found she had put in a one years salary that former Town Manager Bodb Baldwin never had…also found by this writer!…

Here’s the kicker, Madam Manager.. I recall and Readers can see for themselves the video of the two meetings in May of 2007 when you were hired and your contract approved…If at that time you asked publicly for a years salary to be included…judging from the Commission, who were falling all over themselves to give you this “permanent” (Then-Comm. McIntee’s motion)…no on would have said “BOO!”…It’s the 2 years of continuing to assert a falsehood that is thew root of the problem…truth can always be found when armed with the contract, the former TM contract…the minutes and the video!…

As for the Town Manager not being political…and not wanting to be an elected official…I ask the Commission on February 23, 2010 to ask the Town Manager to leave the center seat of the dais and sit with her staff in the hall. She should come to the podium when the Commission needs her report or her input as is the precedent in many municipalities and will surely comply with her desire not to be perceived as a commissioner!…

And finally, I did  receive a reply from Ms. Smith the moderator from the LOWV…it was even more disturbing and gives this writer pause in my opinion of the Broward LOWV and their method of conducting such forums… I replied and that is below as well….

…………………………………

THE E-MAILS LOWV…Feb. 17, 2010….
Re: Questions for LBTS Meet The Candidate Nights
Wednesday, February 17, 2010 11:20 AM
From:
“Carol Smith”
To:
“Barbara Cole”
Dear Ms. Cole,
I did not write the questions–I merely read what was submitted. Even the Sun Sentinel in its article on Lauderdale by the Sea identified the rude behavior during some Town meetings. Where the problem lies, I do not know. It is up to the candidates to address the question as presented. That particular question will not be asked on the 25th–it’s already been answered. It is not up to me to check the facts in the question. Someone thought the question important enough to be asked.

The voters will make their choices on March 9.

Thank you for your interest.
Carol

………………………..
Re: Questions for LBTS Meet The Candidate Nights
Wednesday, February 17, 2010 12:42 PM
From:
“Barbara Cole”
To:
“Carol Smith”
Ms. Smith, I am disturbed by your response. The Sentinel article was also the recipient of many responses from some of the candidates and LBTS citizens for false statements made.
I feel you inflamed a situation by using that “Cuban” question. I also think the writer of that letter needs to be made public.
I say this due to a memo I have posted this afternoon from our Town Manager to the LBTS Commissioners that contains the very same verbage used in your question. The memo was distributed on Feb 16, 2010.
How is it possible that the verbage was identical?
Either the question was submitted by the Town Manager, or the Town Manager was in possession of it and used the letter submitted for this meeting prior to the meeting.
Both scenarios are cause for concern.
I still feel the LOWV owes the voters and residents of LBTS an apology at the Feb 25, 2010 meeting.
Barbara Cole.

…………………………..

This is another LBTS Rorschach test…..

more to come….

Post Division

Here’s The Scoop … Commissioner Jim Silverstone’s $3 Million Dollar Election Time “Whopper”….. Of An Ex Parte Communication Violation?…

February 8, 2010 by Barbara

CARRYING ON FOR THE “BIG MAC”….

Dear Readers…at the Jan. 26 2010 Commission meeting while addressing the “Oriana Million”…Commissioner “You all know what goes here” Silverstone made the following statements …(prev. post)…

Comm Silverstone -” I just want to give a little history of this whole, how we got the million dollars um, when the , when the, when the Oriana built out five feet too much I actually did a calculation based upon the current prices that, that actually had an increase of five million dollars on a piece of property. In my old office on Commercial before I moved into next door into my new office ah, two of the owners came in and they said Jim what’s going on? Are you going to tear it down? Cause one of the first things we were gonna do thought about doing was tearing down the whole thing down which we had the right to do. And I said to them well it looks like you got a benefit here of about five million bucks and he, the person, the owner said that’s a little heavy. He said how about three million? I said great! I’m thinkin’ to myself ok I’m gonna go back to the dais til I found out that the former Mayor made a deal already for a million dollars which is unfortunate. So we coulda got three million dollars out of that thing, but we have a million dollars and um,….”

Let’s take a look back at 2007 and the “Oriana Million”… from the minutes of March 13, March 27, April 10 and April 24 2007 along with some articles written by “Staff Writers” and this Writer…

“Town Commission Regular Meeting March 13, 2007”- Overview and Excerpts

“I. Discussion and/or action regarding a reconsideration of motion that passed on Oriana site plan amendment application (Town Attorney James Cherof ) (Tabled from Feb 27, 2007)”

“It was agreed by Commission consensus to consider items I and L jointly at this time.”

“L. Discussion and/or action regarding the development order for Pier Point/Oriana project (Town Planner Walter Keller)”

This was to reconsider and it involved attorneys for Oriana including “item s one(1) and two (2) involved the encroachment.”…

The Attorney hired by the Town  Mr Coker “updated the Commission concerning discussions held since the last meeting.” He went on to speak of discussions he had with council for Oriana “to discuss possible grounds for rehearing and possible settlement discussions on how to resolve the issue.””Staff had already approved this project and the Commission had denied it in part because the pedestrian environment was not preserved on the original plan.”…There was discussion on utilities being buried, easements, right of ways…

“It has been determined there is nothing the developer could do to provide some overall comprehensive improvement to El Mar Drive other than provide the Town with a fund that the Town could use to make improvements to create a pedestrian environment.”… Mr Coker said the Atty. for the developer would present the proposal…

Commissioner McIntee was not happy with Atty. Coker and asked “which side he was working for “….Mr Coker responded and said “Over the past two weeks discussions took place concerning the proposal that is being offered tonight.”…Commissioner McIntee wanted to know specifically about the illegal encroachments …Mayor Parker “reminded” the commission “they were there to decide what they were going to dio with the the site plan, the Commission could not consider the issue of whether the encroachments were illegal or not”..

The Atty. for Oriana spoke of “a proposal to further enhance the pedestrian friendly environment”…It included “Additionally, deliver by check or wire transfer the amount of one million dollars to the trust account of the law firm of Goren, Cherof, Doody and Ezrol, PA to be deposited into an interest bearing account which will be held in escrow until dispersed upon the issuance of the Certificate of Occupancy.  These funds are to be earmarked and dedicated solely for use by the Town to design, install or construct improvements to enhance the pedestrian environment of El Mar Drive, which lies within the Hospitality Zoning Overlay District.”

After some back and forth over specific conditions the Oriana Atty. proposed “the issuance of a certificate of occupancy that cannot be appealed or eighteen(18) months from the issuance of the development order, whichever occurs first.”…It was included that if the CO was challenged and became invalid the funds in escrow would be returned to the developer…It was addressed by Atty. Coker who felt the chance of that was slim… Comm. McIntee asked if tha challenge could come from “any citizen” and Atty. Coker replied “no”…The Town Atty. concurred…

Comm. McIntee then asked the Oriana Atty. “if at any time, prior to this meeting, during the last two (2) weeks or three (3) weeks she or any of her associates had discussions with any independent Commissioner regarding options and offers.”

“Ms Delegal answered she had not.” She explained one conversation with Mr Coker and another Oriana atty. said he also spoke to Mr. Coker “but never spoke to any member of the Commission.”…

“Commissioner  McIntee asked Attorney Coker if he had talked to any of the Commissioners.”

He responded he spoke to the Mayor

“Commissioner McIntee expressed shock and told Attorney Coker that he worked for the entire Commission and he should have called each Commissioner. Commissioner McIntee mentioned that he would be contacting the bar tomorrow….He then motioned to table the matter until March 27, 2007…it was “seconded by Commissioner Silverstone and passed unanimously.”…

………………………………

From a “BTSTimes Editorial”…after the meeting in March 2007…

“At the start of the Oriana site-plan amendment hearings on ON JANUARY 30, CHEROF HAD TOLD THE COMMISSION MEMBERS THEY MUST DISCLOSE ANY EX PARTE COMMUNICATIONS THEY MIGHT HAVE HAD: “COMMUNICATIONS THE REST OF THE COMMISSION MAY NOT UNDERSTAND OR KNOW YOU HAVE BEEN ENGAGED IN”  relating to the on site-plan amendment”Cherof explained further “THE PURPOSE OF DISCLOSING EX PARTE COMMUNICATIONS IS SO THE PUBLIC UNDERSTANDS INPUT MEMBERS OF THE COMMISSION RECEIVED THAT WOULD WEIGH ON YOU IN CONJUNCTION WITH THE SITE- PLAN AMENDMENT APPLICATION BEFORE YOU, ENCOURAGING YOU TO VOTE FOR OR AGAINST IT.”

“HE REPEATED THOSE INSTRUCTIONS AT RECESSED SESSIONS OF THE JANUARY 30 MEETING, WITH SPECIFIC REGARD TO EX PARTE COMMUNICATIONS MEMBERS MIGHT HAVE RECEIVED BETWEEN MEETINGS. The shock of other commissioners and the public was thus when they learned Mayor Parker had been NEGOTIATING between meetings with attorneys for Oriana through special counsel Dick Coker.”….

The article went on to point out the exchange between Mayor Parker and the Atty. for Oriana and how disjointed it was in what appeared to be a way to cover for the between meeting discussions…

“WHAT DEAL ARE YOU REFERRING TO?” COMMISSIONER SILVERSTONE IMMEDIATELY ASKED.”…  the rest of the paragraph exposed the exchange between Parker and Coker…

“SHOCKED AS WERE SILVERSTONE AND MANY IN THE AUDIENCE BY THE REVELATION OF THE UNDISCLOSED, INDIRECT EX PARTE COMMUNICATIONS BETWEEN THE ORIANA ATTORNEYS AND THE MAYOR”…Commissioner McIntee motioned to table and Commissioner Silverstone seconded as stated in the March 13, 2007 minutes…

…………………………

“Parker Worried, Out of Sorts” ..”Barbara Cole”… March 2007…

The article is the same content as the above minutes and the Editorial…including these excerpts…

after learning of the exchange that took place by the Atty. for Oriana and the Mayor between the meetings…

“Commissioner McIntee then took to the microphone and proceeded to take down this unbelievable travesty committed against the Town!”

“Grilled aggressively by Commissioner McIntee, Mr. Coker became a hostile witness and essentially spilled the beans! He had called Mayor Parker, he had negotiated with Mayor Parker and he asked Mayor Parker what the Mayor wanted as a settlement!”

BC-FUNNY STUFF- “The audience was incensed and one resident screamed out in disgust, accusing the Mayor, the attorneys and the developers of being thieves! ( This resident is from Cuba and could not contain his anger towards this happening in his country.)… Yep, it’s him…Mayoral candidate Joe Couriel!…

…………………

Just a reminder …Jan 26, 2010…Comm. Silverstone” In my old office on Commercial before I moved into next door into my new office ah, two of the owners came in and they said Jim what’s going on? Are you going to tear it down? Cause one of the first things we were gonna do thought about doing was tearing down the whole thing down which we had the right to do. And I said to them well it looks like you got a benefit here of about five million bucks and he, the person, the owner said that’s a little heavy. He said how about three million? I said great! I’m thinkin’ to myself ok I’m gonna go back to the dais til I found out that the former Mayor made a deal already for a million dollars which is unfortunate. So we coulda got three million dollars out of that thing, but we have a million dollars and um,….”

……………………………..

“Town Commission Regular Meeting Agenda March 27, 2007″…

Old Business C. “Discussion and /or action regarding a reconsideration of motion that passed on Oriana site planm amendment application (Town Attorney Jim Cherof- tabled  from March 13, 2007)

The Town Atty. explained where they were…Mr Coker stepped forward…and stated he received a copy of the proposed settlement, reviewed it and forwarded it with his comments to both side counsel…and the Town Manager…to distribute to all the Commissioners… Comm. McIntee asked when they were faxed…and was told it was that morning…Asst. TM Colon advised “agendas went out last week and anything faxed this morning would be impossible to have been included in the back-up documentation. Ms Colon added that this fax would be in the Commissioner’s mailbox.”…

Comm. McIntee said it “would be impossible for him to respond to a proposal that he had not even read yet. Commissioner McIntee asked if it was a new proposal.”

The Atty said it was the same as presented on the 22nd …after some back and forth McIntee wanted it tabled until april 10th to review it…Comm. Silverstone seconded it. ..The Mayor hoped it would not pass…

BC  FUNNY STUFF- “Commissioner McIntee stated that the Mayor was verbalizing a personal opinion in an attempt to direct other members of the Commission on how to vote. Commissioner McIntee stated he believed this was absolutely unethical, unprofessional and should not have been said.”..

The roll was called and the table failed 3-2 (McIntee and Silverstone-no)…

They went over the proposal…same as before and McIntee picked up where he left off on discussions prior to the last meeting…along with discussion of bankruptcy  and protection of the million…

“Commissioner Silverstone asked Mr Coker if he had done any kind of financial impact analysis concerning the additional square footage that had been obtained and how much it was worth.”

“Mr Coker responded he had no way of doing that he was an attorney.”

“Commissioner Silverstone asked Mr Coker if had inquired as to how the developer arrived at the one million dollar amount.”

“Mr Coker said initially the number was lower, but a lot of discussion ensued that was disclosed in the previously mentioned five-page (5) letter. Mr Coker said that issue was closed and tonight the Commission had a proposal before them.”

Some discussion ensued between McIntee and the Atty. concerning why it was closed…and McIntee “insinuated that the one million dollar deal had been a product of his conversations with Mayor Parker.”…Mayor Parker told McIntee he had no way of knowing what was discussed…

“Commissioner Silverstone asked if the one million dollars is a fine.”

“Mr. Coker responded it is a one million donation to the Town to create improvements to El Mar Drive and to address pedestrian friendly issues that were raised by this Commission.”

“Commissioner Silverstone asked Mr. Coker, in his best guess, why is the developer giving the Town a donation in the amount of one million dollars.”

“Mr. Coker replied he is not guessing anything. This proposal is before the Commission to accept or reject.”

“Mayor Parker said he was the other party to the negotiation and said Commissioner Silverstone should ask him.”

“Commissioner Silverstone then posed the question to Mayor Parker.”

“Mayor Parker responded he made a determination as to what he thought would be the minimum amount necessary to offset the pedestrian unfriendliness of the changes to the site plan”

“Commissioner Silverstone asked Mayor Parker if he had studied the added value due to the additional square footage.”

“Mayor Parker said that would not have been proper based on the instructions given to the Commission by both the developer’s attorneys or our own attorneys. The only thing the Commission was to consider was whether or not the amendment to the site plan met the criteria of our statutes. ….”

“A discussion ensued between Commissioner Silverstone and Mayor Parker as to whether or not a deal had been made.”

……………………..

Just a reminder …Jan 26, 2010…Comm. Silverstone “In my old office on Commercial before I moved into next door into my new office ah, two of the owners came in and they said Jim what’s going on? Are you going to tear it down? Cause one of the first things we were gonna do thought about doing was tearing down the whole thing down which we had the right to do. And I said to them well it looks like you got a benefit here of about five million bucks and he, the person, the owner said that’s a little heavy. He said how about three million? I said great! I’m thinkin’ to myself ok I’m gonna go back to the dais til I found out that the former Mayor made a deal already for a million dollars which is unfortunate. So we coulda got three million dollars out of that thing, but we have a million dollars and um,….”

………………………

Comm.McIntee wanted “the ENTIRE Commission to sit down and negotiate with the developers in an effort to solve the dilemma.”

The attorney for Oriana spoke about the project…opponents to the project…and what was considered “pedestrian friendly”…Some exchange took place over Broward County and their building services…and details that would be addressed if accepted…

“Commissioner Silverstone asked Town Attorney Cherof if the Commission had denied this site plan.”

“Town Attorney Cherof responded that some parts of the site plan had been approved and some parts denied.”

“Commissioner Silverstone asked Town Attorney Cherof if the proposal being made tonight was normal business.”

“Town Attorney Cherof answered yes, that is normal business.”

“Commissioner Silverstone said he had a real problem how this matter transpired.”

Discussion continued about the agreement and the funds use..

“Mayor Parker asked if the developer would have any problems with the funds being turned over to the new Community Redevelopment Agency once it had been created to make improvements to El Mar Drive.”

“Town Attorney Cherof said once the project is finished and the funds are turned over to the Town, he did not believe there should be anything in the agreement that would restrict the Town’s uswe of the funds. This is of no matter of concern to the developer.”

Comm. McIntee said he had contacted the State’s Attorney’s office …and spoke of a denial and the result of that denial on the opposition…McIntee went on to ask  questions the attorney said were privileged…McIntee wanted another sit down…and VM Yanni said the million “is a good sum of money”…There was a roll call on the motion to reconsider and the vote was 3-2 (McIntee-Silverstone-no)… Then it was on to the site plan amendment and the written March 22, 2007 offer…

“Commissioner Silverstone motioned to amend Mayor Parker’s motion to increase the funds to two million dollars. Commissioner McIntee seconded that motion.”

“COMMISSIONER MCINTEE SAID HE WAS ABSOLUTELY INFURIATED THAT PARKER HAD BEEN INVOLVED IN THIS INSIDE DEAL. ….”

Some discussion arose of an additional $200,000 for a performing arts center…and it as said it was not permissible…

A roll call was made for Comm. Silverstone’s 2 million and it failed 3-2 (Silverstone-McIntee -yes)

Comm. McIntee made an a motion to amend it to $1.5 million…Commissioner Silverstone seconded it…

The roll was called and it failed 3-2 (Silverstone-McIntee-no)…

“Town Attorney Cherof reminded Commissioner McIntee that the condition of this approval is that the agreement that is drafted and prepared will come before this Commission for approvsal.”

“The motion carried with Commissioner McIntee, Vice-Mayor Yanni, Mayor Pro Tem Clark voting yes and Commissioner Silverstone voting no”

BC- McIntee voted yes to be on the prevailing side….

“McIntee directed the Deputy Town Clerk to include reconsideration of the Oriana project on the agenda…April 10, 2007.”

Later on in the same meeting Comm. McIntee tried to terminate the Town’s Atty. for the Oriana case…although the Town Atty. informed him the Town did not have a contract with him…

“Commissioner Silverstone said he did have a problem that all the Commissioners were not equally informed.”

The motion was defeated 3-2 (Silverstone-Mcintee-yes)…

……………………………………………

BC- at no time according to the minutes did Commissioner Silverstone at either meeting disclose his communications according to the minutes!…YIKES!…

………………………………….

“OLD -GUARD COMMISSIONERS PASS COKER-BROKERED PARKER -ORIANA DEAL OVER MINORITY AND BROAD PUBLIC PROTESTS; CRA REAFFIRMED”

The article by “Staff Writer ” was in the 4-6-2007 BTSTimes…

It covered the above and included these excerpts…

“After nearly 90 minutes of heated debate on a $1-million dollar deal struck by Mayor Oliver Parker during ex parte communications through special counsel Dick Coker with Oriana –initially concealed by Parker from the other commissioners….”

“Parker referred to an offer of $700,000 from the Oriana attorney, through Coker, to mitigate the pedestrian-unfriendly impact of their setback infringement through other streetscape improvements to be chosen by the commission. The mayor admitted he had unilaterally decided that $1 million was the minimum amount the Town should accept as a “donation” from the Oriana  group, but denied that it constituted a “deal” between Oriana and himself.”

” BOTH COMMISSIONER SILVERSTONE AND COMMISSIONER MCINTEE PROTESTED VIGOROUSLY THAT IT WAS HIGHLY IMPROPER-EVEN UNETHICAL UNDER THE GOVERNING RULES OF EX PARTE COMMUNICATIONS-FOR THE MAYOR TO HAVE ENGAGED UNILATERALLY IN SUCH NEGOTIATIONS WITH ORIANA AND THEN TO HAVE CONCEALED THAT FACT FROM THE OTHER COMMISSIONERS UNTIL THEY DRAGGED IT OUT OF HIM AT THE PREVIOUS MEETING.”INSIDE DEALING WITH ONE COMMISSIONER IS OUTRAGEOUS,” MCINTEE CHARGED “IT SHOULD HAVE GONE TO ALL, AND MR. COKER SHAM,E ON YOU!” ….

…………………………….

Just a reminder …Jan 26, 2010…Comm. Silverstone” In my old office on Commercial before I moved into next door into my new office ah, two of the owners came in and they said Jim what’s going on? Are you going to tear it down? Cause one of the first things we were gonna do thought about doing was tearing down the whole thing down which we had the right to do. And I said to them well it looks like you got a benefit here of about five million bucks and he, the person, the owner said that’s a little heavy. He said how about three million? I said great! I’m thinkin’ to myself ok I’m gonna go back to the dais til I found out that the former Mayor made a deal already for a million dollars which is unfortunate. So we coulda got three million dollars out of that thing, but we have a million dollars and um,….”

…………………………………..

On April 10, 2007 Commissioner McIntee used his yes vote on the Oriana amended site plan to make a motion to reconsider…it was seconded by Comm. Silverstone and failed 3-2 (Silverstone-McIntee-yes)…

………………………….

On April 24, 2007 Comm. Silverstone did bring to light a legal bill double the amount of what was expected and after discussion it was voted on 5-0 to send a bill for the extra monies…$21,000

…………………..

The Florida Statues 120.66 Ex Parte Communications– Excerpts…

“(1) In any proceeding under ss 120.569 and 120.57, no ex parte communication relative to the merits, threat, or offer of reward shall be made to the agency head, after the agency head has received a recommended order, or to the presiding officer by:

(a) An agency head or member of the agency or any other public employee or official engaged in prosecution or advocacy in connection with the matter under consideration or a factual related matter.

(b) A party to the  preceding , the party’s authorized representative or counsel, or any person who, directly or indirectly, would have a substantial interest in the proposed agency action.”

(2) “A PRESIDING OFFICER, INCLUDING AN AGENCY HEAD OR DESIGNEE, WHO IS INVOLVED IN THE DECISIONAL PROCESS AND WHO RECEIVES AN EX PARTE COMMUNICATION IN VIOLATION OF SUBSECTION (1) SHALL PLACE ON THE RECORD OF THE PENDING MATTER all written communications received, all written responses to such communications, AND ALL MEMORANDUM STATING THE SUBSTANCE OF ALL ORAL COMMUNICATIONS RECEIVED AND ALL ORAL RESPONSES MADE AND SHALL ALSDO ADVISE ALL PARTIES THAT SUCH MATTERS HAVE BEEN PLACED ON THE RECORD. Any party desiring to rebut the ex parte communication shall be allowed to do so, if such party requests the opportunity for rebuttal within 10 days after notice of such communication…..”

(3) ANY PERSON WHO MAKES AN EX PARTE COMMUNICATION PROHIBITED BY SUBSECTION (1), AND ANY PRESIDING OFFICER, INCLUDING AN AGENCY HEAD OR DESIGNEE, WHO FAILS TO PLACE IN THE RECORD ANY SUCH COMMUNICATION, IS IN VIOLATION OF THIS ACT AND MAY BE ASSESSED A CIVIL PENALTY NOT TO EXCEED $500 OR BE SUBJECTED TO OTHER DISCIPLINARY ACTION.”

…………………………

Just a reminder …Jan 26, 2010…Comm. Silverstone” In my old office on Commercial before I moved into next door into my new office ah, two of the owners came in and they said Jim what’s going on? Are you going to tear it down? Cause one of the first things we were gonna do thought about doing was tearing down the whole thing down which we had the right to do. And I said to them well it looks like you got a benefit here of about five million bucks and he, the person, the owner said that’s a little heavy. He said how about three million? I said great! I’m thinkin’ to myself ok I’m gonna go back to the dais til I found out that the former Mayor made a deal already for a million dollars which is unfortunate. So we coulda got three million dollars out of that thing, but we have a million dollars and um,….”

…………………………………..

BC-Unless Commissioner Jim Silverstone who now states on Jan. 26, 2010 he met with” two of the owners”…”In my old office on Commercial” can produce that he disclosed his ex parte communications to his fellow commissioners and the Town before the commission meetings dealing with Oriana in 2007…he will have admitted he was “in violation of this act [ex parte communications] and may be assessed a civil penalty not to exceed $500 or be subjected to other disciplinary action…

For this writer…If Commissioner Silverstone cannot produce the record and did not inform his fellow commissioners of his ex parte communications as required in 2007…he should immediately withdraw from the March 9, 2010 LBTS Municipal election!…He should not be allowed another 4 years and his “unfinished business” should be in front of the Florida Ethics Commission yet again…without a slap on the wrist or a pass this time!….

More to come….

Post Division

Here’s The Scoop … Ms. Mohler Speaks Out Again ….

February 6, 2010 by Barbara

TAMMY IN TOWN?….

Printed lies
Saturday, February 6, 2010 3:44 PM
From:
“Peggy
To:
[email protected]o.com
In Correct Information on your public web site
\The word going around is that Jimmy-boy put his foot down and told his Fiancee’ she could no longer go to her longtime salon because the owners chose to support their longtime friend…It is said the Furth’s jumped on that boycott bandwagon as well!…

This is a made up lie, I spoke with xxxxx and she never said Jim is boycotting her business, And I am not boycotting xxxxx business, and if you pick the phone up and speak with xxxxx she will tell you the same. I think you are a business women that will correct the lie that is printed.

Thank you
Peggy Mohler
Cc. John Watson
………………………
Flag this message
Re: Printed lies
Saturday, February 6, 2010 4:14 PM
From:
“Barbara Cole”
Add sender to Contacts
To:
Peggy
I have received your e-mail and I will check out your claim.
However, It was not a printed lie. It is “the word going around” as posted.
This is very much like the past problem you had about a post concerning Jimmy’s need for insurance and that is why it was pushed for by Vice Mayor McIntee for Commissioners to receive it in 2008. You claimed that was a lie.
However that too, was the word being said to the candidates running as well as myself. I believe they told you the same.
As in the past I will post your response.
I will remove the name of the salon owner as I did not use it in my post.

……………….

Dear Readers, Stand by your man comes to mind in this highly charged political climate we find ourselves in 4 weeks away from the March 9, 2010 election…

I stand by my previous post …. “word going around” …and the impact of “the word going around” was enough to make one business owner write an e-mail to both newspapers in Town to stop it from happening to anyone else.

more to come……….

Post Division

Here’s The Scoop … In 2010 …. It’s Still About The M & Ms & Fs … Part 1 ….

February 6, 2010 by Barbara

THE KOOL-AID IS STILL THEIR DRINK OF CHOICE …

In 2008 the election was all about the M& Ms & Fs … MCINTEE- MACMILLANS &  FURTHS… In 2010 the initials remain the same with a change in the “players”… It’s the town MANAGER…those fully complicit with MCINTEE & FURTHS ….That’s all the voters are talking about throughout the Town!

…………………………….

SILVERSTONE- FURTHS BOYCOTTING VOTERS BACKING HIS OPPONENT CHRIS VINCENT FOR DISTRICT 2…

We hear that Commissioner “He’s not a nice guy” Silverstone and his Campaign Managers/ BTSTimes Publishers Furths are actively boycotting a business owner after her business and her husband’s name showed up on Candidate Chris Vincent’s G1 reports submitted to the Town on January 15, 2010!…

The word going around is that Jimmy-boy  put his foot down and told his Fiancee’ she could no longer go to her longtime salon because the owners chose to support their longtime friend…It is said the Furth’s jumped on that boycott bandwagon as well!…

The owner was deeply hurt by the fact that such retaliation would result from her longtime Commissioner because she chose to exercise her right to support a candidate. other than him…The owner we hear has always kept politics outside the door of her business and has always kept both Town newspapers in stock for clients who support whomever they choose to…

The owner sent an e-mail yesterday to the Editors of both the By The Sea Times who is set to publish their next edition on Feb 12th and the By The Sea Future who is set to publish on the 19th….

The response from the Publishers of each could not have been more different!…

The Publisher of the By The Sea Future was deeply disturbed by the very idea of a business being boycotted for their political choice for Commissioner in a Town election and quickly decided to contact the owner with support and assurance they will be publishing the letter to the Editor in their next paper…

The Publisher of the By The Sea Times, Cristie Furth, it is said. contacted the owner of the salon and told the owner that she would not publish the letter to the Editor in the BTSTimes and went on to say the letter would  be damaging to the owner’s business if published!…HUH?… We hear Editor Furth went on to explain the owner should not have made a donation as a business …That it was “political” to do so!…HUH?… The Furth’s Blue Seas motel / By The Sea Times headquarters is also campaign headquarters for the Silverstone-Couriel-Evans campaign…The Furths are the CIC- endorsed candidates’ campaign managers and the Furths have the Silverstone-Couriel-Evans political signs the Furths designed attached to their motel sign!…Talk about a business (businesses) being political!… WOW!…

This writer has seen the e-mail sent to both papers….It is not only heartfelt, it is necessary for all voters to read before they cast their votes on March 9, 2009 for Commissioner in District 2!…

For Cristie Furth to refuse to print it…speaks volumes to what needs to change in this town……

In the writer’s opinion the damage coming from this letter to the Editor will be to Commissioner “He’s not a nice guy”  Silverstone- Joe Couriel-Marjorie Evans and Marc and Cristie Furth!…It’s well deserved!…

Readers will need to wait until Feb 19, 2010 to read the letter to the Editor in the By The Sea Future…it appears….due to the refusal to print it by Publisher Cristie Furth …

in the meantime…

BOYCOTT BOYCOTTING!… by the M & Ms & Fs!…

more to come….

Post Division

Here’s The Scoop … THE LBTS “Go Away” Center …

February 3, 2010 by Barbara

PULLING THE “MAT” OUT FROM UNDER THE CHAMBER OF COMMERCE ……

Dear Readers… The Town Manager does not like what she cannot control….and she cannot control the Chamber…So she retaliates…we’ve seen it before …over and over again in the last 2 years …All done with no regard  to protocol or the commission-manager form of government spelled out in the Town Charter…Why should she care…she knows the current majority on the dais Comms. Silverstone-Clottey and VM McIntee will have her back no matter what unilateral action she takes…And if at anytime the majority changes and the “party” is over …TM Colon knows she has her ace in the hole …The Silverstone-McIntee 2007 contract they kept under wraps for 2 years that gives her $250,000+ if she is terminated!….

The Manager held off in giving the Chamber their budgeted $28,000 dollars until the 20th of January and then went ahead without consulting the Commission and chose to pay out $19,081.23 to bring them back to a 0 balance according to the Chamber’s profit and loss statement…After the fact she put it on the Jan. 26, 2010 agenda under Manager’s report…Needless to say, once again her unilateral actions brought forth a flurry of upset from the Chamber, their supporters, businesses and the minority Commissioners on the dais in the days in between… UGH!…

Before we cover the meeting…let’s go back over a few important points…

On July 28, 2009 the Town Commision had a Special Hearing on the 2009-2010 budget…from the minutes… http://www.lauderdalebythesea-fl.gov/town/spc-meetings-09.htm

“Commissioner Clottey believed that if ANOTHER $20,000 donation by Broward County Vice Mayor Ken Keechl was received for the Chamber, that amount should come off the budget.”

“Mayor Minnet reviewed the items discussed”..

“10) SHOULD the Chamber receive a $20,000 donation from the County for the Visitor Center that amount should be reduced out of the budget.”

“It was the consensus of the Commission that SHOULD the Chamber receive the $20,000 donation from Vice Mayor Ken Keechl, the Chamber would only receive $8,000 from the Town”

BC- The Commission was in consensus only if the Chamber received a 2nd $20,000 from the County there would be a deduction of the $28,000 budgeted to them!…

On page 47 of the 2009-2010 LBTS Adopted Annual Budget ” Municipal Building- Chamber Of Commerce”

“Funding of contractual service for the Chamber of Commerce Welcome Center. Maintenance, operating, building supplies, and repairs. Funded allocation of maintenance worker for maintenance of grounds and building.”

On Page 49-“Cultural & Recreation”

” Funding of contractual services for the concert series . Funded equipment maintenance and service agreements. Provided funding for special event activities for Easter, Halloween, Christmas By The Sea, July 4th and other special events sponsored by the Town.”

On Page 64- “Municipal Building -Chamber Of Commerce”

“GOAL: To act as host to visitors while providing a wide range of information to residents and visitors.”

“DEPARTMENTAL OBJECTIVES: To assist in their transportation needs to assist visitors during their vacation to provide tour information to major attractions and restaurants in South Florida, and to provide assistance to visitors in finding accommodations.”

“ACHIEVEMENTS: The Chamber provided assistance to over 7,845 residents and visitors that walked in as of 04/30/09, made 1,440 Visitor’s guides as of 04/30/09,. The web-site has recorded 43,318 as of 04/30/09.

On page 65 General Fund -Chamber of Commerce… the adopted budget under “maintenance materials” jumped from 2,750 to 18,601.00…Hmmm….

In the justification sheets it was 33,251.00of which 30,000 was for a new roof …it was addressed prior to the special hearing by Comm. Dodd after he was informed the Chamber did not need a 30,000 new roof…somehow the amt. is now approx. half… If the Chamber is still not in need of a new roof…the $15,000 plus the 9,000 …will go into what many refer to as the Town “slush fund” that begins in June of every year…Those “unencumbered” funds are then used for all kinds of things…left to the Town Manger’s discretion…in the last 3 months of the budgeted year for items such as new vehicles for staff …. OUCH!…

We are told …The Chamber is open 7 days a week, 8 hours a day 52 weeks of the year…The employees make $11 per hour and that comes to 32,032.00…add in social security and the cost annually is 36,837.00…

To date the Chamber of Commerce has not received their new contract from the Town…

The Town Manager’s Report- The Manager said she sent the Commissioners a memo which included the Chambers profit and loss statement ending in Dec. 2009 …on the cover it stated that and  “Payment for the loss will be made accordingly.”…She went on to try and justify her unilateral actions by repeating that the Chamber is a non- profit organization.

The Mayor spoke and said that this was supposed to be an appropriation for the funding of the Chamber and questioned the Town Manager on changing that allocation to be based on the Chamber’s profit and loss. She asked about such changes being made at the discretion of the Town Manager.

The Manager shot back it was not at her discretion and then did what is now the Esther Colon M.O. of covering her actions…Readers…anytime TM Colon starts her response with “As you recall”…sit up and pay attention because it never fails to be something that never took place!… This time was no exception ” But if you recall the Chamber received $20,000 from Broward County so that would probably be my assumption of why their loss was only 18,000 dollars. But I don’t believe that this town can use private funds for private gain when they are clearly a non profit organization and that is why I remitted the funds in the amount of the loss.”

The Commission addressed the issue later in the evening when Comm. Dodd’s item came up  in New Business… Comm. Dodd added to the Mayor’s earlier comments about the Commission budgeting 28,000 for the Camber for the year and put forth the Town Manager should not have changed what was voted on for this year…He said it put the Chamber in a bind as they already budgeted for the amount the Town had advised them they would receive…

Comm. Silverstone who always has the Town Manger’s back …( a vote for Silverstone means 4 more years of having TM Colon)…answering the minority Commissioners about the money the Chamber was “shorted” by the Town Manager  Silverstone said ” Thank you, missing money? Nothing’s missing! It’s just that it’s not a profit organization. I don’t understand that! I don’t understand the logic in that! Why we, we’re in a sense giving them a profit then. We’re using taxpayers money to give them a profit. How do you justify that? “…

BC- Hmmm. The VFD is a non- profit that takes the excess funds and puts them in a fund in the bank…paid for by the taxpayers…

The Town Manger then reiterated the non profit status and held up their documents for effect…

Comm. Silverstone ” So, so if somebody can justify to me. I’ll vote for it. If you can justify to me why we should do this, why we should use taxpayers money to in effect give them a profit you got my vote.”

Commissioner “Clueless” Clottey tried to do a McIntee …wheel and deal on the dais with offering up that they already gave the Chamber $4,500 so they were actually closer to the 28,000 …Hmmm…problem is …the 5,000 was in ADDITION to the 28,000 per the budget!…Apparently Clottey forgot her statement in July 2009  when she brought up the 20,000 from the County and really crossed over into la la land with stating ” Ah, this is supposed to kinda be reimbursing the Town for what they have paid.”… HUH?…She also said “We’ve already given them way over the 20,000 this past year, we have!”…

The Town Manager or as she is now known Commissioner #6…went after Comm. Dodd saying she looked at her files from 2006 when Dodd asked about the Chamber and why they were making a profit… With zeal she wanted to do a “gotcha” …But what Comm. Dodd will tell you is he was unaware of all the Chamber did at that time, like so many of us drinking the Kool-aid of anti- Chamber of Commerce!…After he zingers she said meekly she would follow the direction of the commission… Cart before the horse…comes to mind…

Comm. Dodd again spoke of what was budgeted and that his was deja vue to the Town Manager’s actions with the Chamber’s Christmas By The Sea monies shorted by the Town Manger without consulting the commission…

The Town Manager did not back down on his past inquiry and tried mightily to use it to back up her unilateral actions…

Mayor Roseann Minnet asked about the dates of the profit and loss for the Chamber which are January to December  not coinciding with the Town’s budgeting time…She again spoke of the Town appropriating the money for projects throughout the year for the Chamber of Commerce and said ther were no stipulations attached….She said the Chamber should be funded the full amount and asked about the VFD and their non profit status…

Rudely, the Town Manager responded to the Mayor that the VFD had a different contract than the Chamber …adding “I’m sure you looked at that one!”…(insinuating the Mayor looked into the VFD contract)…

Diane Boutin Manager of the Windjammer Resort came to speak as a “loyal member” of the Chamber, not a board member…and addressed the role of the Chamber as “the sole marketing arm for the Town of Lauderdale By The Sea”…it brought LBTS to national attention 8 -9 years ago and spoke of the tax revenues …She spoke of the visiting center …being historic …for 45 years…and the A1A Scenic highway and supporting it just as supporting the Senior Center and the VFD and their new equipment…She said it was contractual work they do for the Town and it is not a donation…

The Vice Mayor (we are counting down the meetings until he’s history)… went after the Chamber spouting Furth-isms…of the Chamber being mostly outside businesses that diminishes their standing…He brought up the Green Market (that shut down thanks to his actions)…and his tirade from the past when he played his “David vs Goliath” due to a vendor being an out of town flower shop competing with local flower shops…Those shops are now gone…He tried to call for the vote on Comm. Dodd’s motion to give the Chamber the full 28,000

Comm. Clottey a tried to amend the motion to deduct the 4,500 (Christmas By The Sea budgeted funds-separate from the budgeted 28,000) Dodd accepted it but there was no 2nd…

Paul Novak President of the Chamber rose from the front row to speak and Vice Mayor McIntee (still having the gavel after taking it when Mayor Minnet 2nd Comm. Dodd’s motion) ..tried to stop him due to the late hour…Mr Novak said he wanted to respond to  McIntee… He said the Chamber cannot stand on its own “in our geographic location”…He said they Can’t make it, that’s why they go out of town and “there’s nothing wrong with it.”… He addressed McIntee’s comments about the flower shops and the farmer’s market …saying for $20 those shops could have participated…it was a success…He said they are  a welcome center and it costs a  lot of money to run it…that we are the only welcome center in Broward County …they expected 28,000 and the 20,000 was “a windfall” from Broward County …He said they look at the Town as sponsors of the Chamber …They are the only group that promotes this town “if you want to blow the Chamber away I don’t know who else is going to do what we do. It’s not that simple.”…He went on to speak of the change from 35,000 a few years back to 28,000 and said 28,000 was not “exorbitant”…Paul said 30% are out of town businesses and they have 280 members…He appealed to them for the 28,000 and asked for “some kind of clear path of knowing what is going to happen in the future”…

Comm. Silverstone (his insert foot in mouth finale)… ” Last bite of my apple here. I appreciate the Chamber Paul and appreciate what’s been done but I also know we have a contract with the Chamber (has Jimmy even seen it?) and I also understand that um, um I have politically, the smartest thing for me to do politically would be to give you money and vote for it and go that’s the thing to do but I have a higher responsibility to the citizens of this town and the people who pay taxes and unfortunately the reality is 90% of the tax money that comes in of all the money that comes in to support this town comes from residents and I’m probably being generous with that. (Shades of Oliver Parker!)… I cannot. I’m not doing my job by giving money to a non profit organization. I can’t justify it with the taxpayers money. Ah, you have a contract. If you need more that’s next year. Ah, this year you came under budget. But I, I can’t justify giving you ah, ah what in turn is a profit. It just does not make any sense to me. It’s not right to the citizens taxpayers of this town. Um I yield.”…

BC-4 more years…people..you really want 4 more years of this?…

Mayor Minnet” I look at this a whole different way. This is not looking at the whole picture of what the Chamber actually does for this community and how they offset what the residents have to do because id you took the mix of the businesses out of what they offer to this community as far as revenue is concerned taxes on the residential base would be considerably higher. These businesses and this Chamber is saving this town money by bringing revenues into this town by staying with us and continuing to service that visitors center.Even though I know it does serve quite a bit of Broward County, it’s still in Lauderdale-By-The-Sea. It still is a name recognition for the Town Of Lauderdale-By-The-Sea and that’s what the most important thing is. So I’m looking at the bigger picture here and the long term benefits of what it has for the residents of this town. You can look at it any other way you want, this was an appropriation fro the Chamber of Commerce and I will leave it at that.”

BC- This is who we need in the “center seat” on the dais for the next 2 years!…

Commissioner Clottey interrupted the vote to say she wanted to make a motion afterward…The vote was taken and it failed 3-2!

Commissioner Silverstone-Commissioner Clottey- Vice Mayor McIntee voted against the 28,000/ Mayor Minnet-Commissioner Dodd voted yes to honor the 2009-2010 budgeted amt. for the Chamber…

Comm. Clottey again tried for the 4,500..it died for lack of a 2nd…

The LBTS Chamber of Commerce was “shorted” by the Town Manager-Commissioner Silverstone-Commissioner Clottey- Vice Mayor McIntee $9,500 this year!…

The Commissioners receive approx. 10,ooo a year plus….perks and “pet” programs funded…

Commissioner Silverstone received in 2009-2010 from the Town  …insurance-cellphone allowance- his recreational programs 34,000/ Easter By The Sea 3,000/Halloween 4,000

Commissioner Clottey received in 2009-2010 from the Town …insurance- cell phone allowance – her concert series 7,500

VM McIntee received in 2009-2010 from the Town …. cell phone allowance- his recreational programs 34,000

Comm. Dodd received in 2009-2010 from the Town…cell phone allowance

Mayor Minnet received in 2009-20110 from the Town ……nothing…nada….zip!…

more to come……..

Post Division

Here’s The Scoop … 1/26/10 LBTS Commission Meeting …. #1 …. THE Chief Blogger …

January 27, 2010 by Barbara

IT’S MUST BE COLD OUT THERE GOING DOOR TO DOOR IN LBTS ….

Dear Readers… Thanks to Commissioner Silverstone and Commissioner Clottey…this writer is now known as “The Chief Blogger” …or as one resident put it “The Blogger in Chief”!…

Commissioner Silverstone and his “gang” must be receiving a mighty cold reception as they try to campaign on his 4 year record,with Marjorie Evans jumping in at the 11th hour with absolutely no knowledge on anything to do with the Town even thought she has lived in Bel Air for 40 years (She has been a resident of LBTS for 9 since the annexation of unincorporated Broward in Oct. 2001)… she did not make it through the entire commission meeting again, in her 2nd commission meeting ever!….She left the hall.early on ..as did Mayoral candidate Joe Couriel who has also made a name for himself by calling Mcntee “God”  losing his cool ( he ‘s an equal opportunity hot-head yelling at Comm. Dodd’s wife)…and talking out of both sides of his mouth on any subject!…

The Mayor in her public comments called out the “By The Sea Times” or as she referred to it the “By The Sea Lies”…(A big OHHH…came from the back staff table…the responder-none other than  Moe McIntee, the BTSTimes”Truth Deflector”)…for inaccurately reporting her voting record ( this was followed up by a CIC e-mail stating the same false statements from BTSTimes Editor and CIC-Chair Bob Roberts)… The Mayor said the paper made these false claims and she had sent a letter in for a retraction…The Letter was sent certified mail to the Furths on earlier in the day…In it she pointed out her votes ..YES for the VFD fire suppression services on 9/12/2008…YES to the VFD transition on 3/25/2008…YES to the signposts on the beach 9/25/2008…The Times falsely stated the Mayor voted no on all three!…. The Mayor went on to speak of the false statements she has heard as she runs for reelection and set the record straight on that as well…She concluded her comments and that’s when the lunacy began to unfold…..

“Clueless” Commissioner Clottey has really lost her mind…She is way beyond Clueless”…she is now incoherent…rambling on about politicking done by the Mayor when she herself sat mute as the Vice Mayor did the very same in his declarations of false statements and threats made toward the By The Sea Futures… ( only one had any merit and it was erroneously stated to be printed in the paper,…the VM asked for legal action to be taken…over a few commission meetings ….it was only on a newsflash to a limited number of online recipients and  it was retracted…the rest of McIntee’s charges of slander…had no merit…. It was just a lot of McIntee blowing smoke!)…Comm. Clottey spoke of a local blogger, the “Chief Blogge”r and could hardly contain her disdain … The Comm. has only herself and her own words and actions such as these to blame for the “negative” posts…To go after the Mayor for calling out the Times on falsely stating her votes… To sit up there and say she did not ” stir the pot” with the Senior Center….Get real, she did!…The Senior center was going along just fine until she started down that path of no return…Her memory lapses on the MPSC and her and Commm. Silverstone’s role…perhaps come from to many late night house call to Town Hall East…And saying that sidewalks down El Mar would cost millions…come on!..Tthat was for a ful-l out plan of #1,2 and 3 including the medians….It was in fact “The whole enchilada”!..Pretty funny to be called the “Big Blogger”…kind of like the Vice Mayor calling the Attorney for Pacific Blue a “Big Girl”…and then for Clottey to disparage Comm. Dodd  on what he can accomplish on the Hillsboro Inlet being from little old LBTS and implying he is unable to speak up and be forceful enough or carry any weight on the Hillsboro board…That the board requires someone who can really read financial statements ….What a loon!…Phone calls were made from those watching from home…deeply disturbed by what they were hearing and seeing as she continued on!….She lost all credibility in offering up a plan to rent the dredging equipment from Port Everglades to save money…Who’s filling her in on this?…Frank Rysavy?…( a candidate for the positon-prev. post) ….The Hillsboro Inlet isn’t exactly chomping at the bit for his return from what this writer hears!…Comm. Clottey decided to pull her item not wanting it to be political…(Now she decides she doesn’t want it to be political!)…She did an about face yet again from her vote that she made as instructed by the Furths for the McIntee median walkways..A look back shows her flip-flops as she dutifully towed the Furth line…(Cristie put her foot down…”her people” loved the walkways”per the MPSC meeitng1/19/10…prev. post)….

Commissioner Silverstone said he was going to expand on Comm. Clottey’s comments in his…(A pre- meeting pow-wow in Town Hall East?)… He spoke of a friend from Chicago (would that be the “inner city” where according to the Times Jimmy-boy hails from ..Cabrini Green, Commissioner?)…. He said his “friend” googled Lauderdale By The Sea and found on the first page all negative info from a blogger…and his pal asked what kind of crazy place it LBTS?…He warned of such blog sites showing up on google being a “major danger” that brings down property values and effects businesses and properties”…Furth-er fearmongering….That” it’s on the internet forever”… The “negativity” ..the “attacks on the staff “or him…the spinning of issues…The he says there a lot of “smart people” doing it for negative reasons…and named the Future’s paper…HA!… Comm. Silverstone and his running mates Evans and Couriel sent in answers to questions to be published in the By The Sea Future on Friday… OOPS!…(Will he read it?)…He again tried to to bully the residents as he has been passed the”bully baton” from his BFF, one foot out the door, Vice Mayor Jerry McIntee…He again tries to challenge residents and voters in a debate…Note to Jimmy “He’s not a nice guy” Silverstone…debates are on Feb 16th and Feb 25th with your opponent!…Candidates should be listening to residents and voters one on one……as your opponent, Chris Vincent has been doing as he goes to  each and every door throughout the town…(perhaps that’s why Silverstone is running so scared…Who would want to open their door to be dared to debate him?)…Back to his old habit of “taking on” constituents who decide to speak at public comments to critique or to berate them.. PUBLIC SPEAKERS…NEXT TIME, SIGN UP AND SPEAK ON ONE TOPIC AFTER COMMISSIONER COMMENTS TO AVOID HAVING TO HEAR SILVERSTONE’S UNWANTED FEEDBACK!… Calling Al Gore ….according to Jimmy-boy it was he who started the internet!…(In LBTS)… YIKES!…

What fun it was in the aftermathof their comments……The texts and e-mails came pouring in o ..”The Chief Blogger”…Voters and residents in the hall came over grinning  and laughing, giving high-fives and thumbs -up!….A special thanks to Comms. Silverstone and Clottey!…..You always give me so much material …so many posts…in each every comment…keep it up!…

By the way…a google of Lauderdale By The Sea …produces….NO BCbythesea on the 1st page…But a google of Jim Silverstone and Birute Clottey…yep…page 1!… The best way for either commissioners to get off google page 1?….Get off the dais!… OUCH!…

more to come…from “The Chief Blogger”……

Post Division

Here’s The Scoop … LBTS Is A Town Manager Form Of Government … You Sure About That?…

January 25, 2010 by Barbara

“THIS IS A TOWN MANAGER FORM OF GOVERNMENT “….Town Manager Esther Colon Jan. 21, 2010…

Dear Readers… It started to catch on big time when BSO Chief Scott Gooding was terminated by Town Manager Colon……Commissioner Clottey sent an e-mail to a constituent stating “This is a Town Manager form of government”……and it grew at a record pace……Commissioner Silverstone would start by explaining after any actions made by Town Manager Colon were questioned by Commissioner Dodd, a resident or a vendor…”This is a Town Manager form of government”… Vice Mayor McIntee would throw it in often as well “This is a Town Manager form of government” …in order to deter questions on the pavilion …an annual manager review, questions about the debt or any unilateral decisions Esther made…The BTSTimes wrote “This is a Town Manager form of government” when doing damage control  P.R . …And what they all meant each and every time the Mc-Furth Gang  said or wrote it was… Hands- off Esther …Carte blanche Esther…Have at it Esther…No holds barred …. and eventually all the “lemmings” believed it …..It became so ingrained in the dais commentary from the majority that the people who live in town believed it was so and never questioned its validity ….Even the Town Manager perpetuated it…for she made use of it most of all ….including at the special meeting held to address the special events in Town on January 21st….At that meeting, Town Manager Colon stood and walked over to two gentlemen to ask them to stop speaking out to those speaking at the podium …She received a negative reaction from the highly charged audience in Jarvis Hall …Afterward she went to the podium and made the following statement “This is a Town Manager form of government” and then went on to say that meant she would give a warning to anyone who had an outburst and then ask them to leave the meeting…. (prev. post)…WOW!… The rules of Jarvis Hall have long been for the Mayor to give a warning first and then the person would be asked to leave ….But never did we hear these Jarvis Hall rules were due to LBTS being a “Town Manager form of government!”…

This writer was caught off guard and rather disturbed by Town Manager’s assertion made that day and I wanted to see  what else was contained under our “Town Manager form of government”….in our Charter…

I had to wait though, since the Town’s website was down….and after being down for 2+ days (the 1/26/10 agenda and backup are still M.I.A.)… I checked it out ….Imagine my surprise when I found the following….

“ARTICLE III. ADMINISTRATION AND LEGISLATION

Sec. 3.1. Commission-manager form of government.
The form of government of the Town of Lauderdale-By-The-Sea, provided for under this Charter, shall be known as the “commission-manager” form of government.

Sec. 3.2. Creation of Town Commission.
There is hereby created a Town Commission consisting of five (5) Commissioners, each of whom shall be elected at-large in the manner provided in this Charter. The Mayor-Commissioner and each Town Commissioner shall take and hold office for the term(s) provided in this Town Charter.

Sec. 3.3. Qualifications of members.
Only qualified electors who have resided in the Town of Lauderdale-By-The-Sea for at least six (6) months immediately prior to qualifying for office and who shall have attained the age of eighteen (18) years of age on or before the date the candidate files and qualifies in accordance with this Charter as a candidate for office, shall be eligible to hold the office of Commissioner.
Each Commissioner and candidate for Commissioner shall be elected from the election district in which he or she is domiciled for at least six (6) months immediately prior to qualifying for such office by the greatest number of votes of all registered electors residing within the Town. Once elected, a Commissioner from an election district shall remain a domiciliary of the election district during his or her term of office. Any Commissioner who shall cease to possess the qualifications required herein shall forthwith forfeit his or her office, except a Commissioner holding office will not have his/her term cut short by the establishment of or subsequent change of district boundary lines.

Sec. 3.4. Standards of conduct; code of ethics.
In addition to the ethical standards of conduct established by general law for elected officials, appointed officials, and employees, the Town Commission may, by ordinance, establish ethical conduct standards for elected officials, appointed officials, and employees of the Town.

Sec. 3.5. Legislative powers.
The legislative powers of the Town shall be vested in and exercised by the Town Commission, consistent with the provisions of the Constitution of the United States of America, the Constitution and statutes of the State of Florida, this Charter, and the laws and ordinances of the Town of Lauderdale-By-The-Sea. Except as otherwise provided in Article IV or elsewhere in this Charter, or by the Constitution or statutes of the State of Florida, the Town Commission may by ordinance or resolution prescribe the manner in which any powers of the said Town shall be exercised.

Sec. 3.6. Non-interference in Town Administration.
The Town Commission or its members shall not give orders to any Town officer or employees who are subject to the direction and supervision of the Town Manager, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the Town Commission from examining by question and personal observation all aspects of Town government operations so as to obtain independent information to assist the members in the formulation of policies to be considered by the Commission and assure the implementation of such policies as have been adopted. It is the express intent of this provision, however, that such inquiry shall not interfere directly with the regular municipal operations of the Town and that recommendations for change or improvements in Town government operations be made to and through the Town Manager.”

http://library8.municode.com/default-test/home.htm?infobase=14431&doc_action=whatsnew

…………………………………………..

There you have it….voters…..

LBTS IS A COMMISSION-MANAGER FORM OF GOVERNMENT!
“The form of government of the Town of Lauderdale-By-The-Sea, provided for under this Charter, shall be known as the “commission-manager” form of government.”!…

NON- INTERFERENCE WITH THE TOWN ADMINISTRATION…

The Town Commission or its members shall not give orders to any Town officer or employees who are subject to the direction and supervision of the Town Manager, either publicly or privately. NOTHING IN THE FORGOING  IS TO BE CONSTRUED TO PROHIBIT INDIVIDUAL MEMBERS OF THE TOWN COMMISSION FROM EXAMINING  BY QUESTION AND PERSONAL OBSERVATION ALL ASPECTS OF TOWN GOVERNMENT OPERATIONS SO AS TO OBTAIN  INDEPENDENT  OBSERVATIONS TO ASSIST THE MEMBERS IN THE FORMULATION OF POLICIES  TO BE CONSIDERED  BY THE COMMISSION  AND ASSURE THE IMPLEMENTATIONS  OF SUCH POLICIES  AS HAVE BEEN ADOPTED. It is the express intent of this provision, however, that such inquiry shall not interfere directly with the regular municipal operations of the Town and that recommendations for change or improvements in Town government operations be made to and through the Town Manager.

For all those times over the last two years  Commissioner Dodd made inquiries to obtain “independent observations to assist ” him in “the formulation of policies to be considered by the commission”…it turns out he was doing what was expressly written into the Charter and not interfering as the Town Manager, Commissioner Silverstone, Commissioner Clottey and Vice Mayor McIntee said he was!……These Commissioners owe Commissioner Dodd an apology…. and we owe him our thanks for carrying on!…

Shame on Commissioner Silverstone, Commissioner Clottey, Vice Mayor McIntee, The Furth-BTS- TImes and Town Manager Esther Colon for purposely misleading us all on the role the Town Manager plays in our “COMMISSION-MANAGER FORM OF GOVERNMENT”…..

Vote March 9, 2010 ……for Mayor Roseann Minnet, Candidate Scot Sasser and Candidate Chris Vincent … Commissioners we can trust!…

more to come……..

Post Division

Here’s The Scoop …. Tennis Anyone? …

January 18, 2010 by Barbara

HMMMM…. WE CAN’T GET EM’ ON THE HEIGHTS….TENNIS ANYONE?…

Dear Readers… An e-mail was sent to a commissioner and some like-minded residents …concerning the Tennis courts and their use…past …present and future … We hear some more election time misinformation and fearmongering are making there way throughout the town…to steer votes to Furth-endorsed candidates Comm. Silverstone, Joe Couriel and  M.I.A. Marjorie Evans …A few days ago it was the heights…with Furth-fearmongers saying a vote for their opponents would be a vote to raise heights to a Galt Ocean Mile 15 stories if elected……The Candidates Minnet, Sasser and Vincent countered with by providing voters with the factual information Article 7 Section 9 that states no increase in height can be instituted without a vote of the LBTS voters by referendum….With that off the table…we hear the fear now is the tennis courts being opened up to non- residents…Well, let’s get some facts on this latest mumbo-jumbo… from Town Hall East…

On January 13, 2009 Commissioner Silverstone put on item 10 e. Ordinance 2005-05  “BY AMENDING SECTION 17-14 OF THE CODE OF ORDINANCES TO ALLOW NON-RESIDENTS TO USE THE TOWN TENNIS COURTS AND INCREASING THE FEES FOR USE OF THE TOWN TENNIS COURTS”…

At that meeting Commissioner Silverstone stated he put this on to increase the use of the tennis courts…(his campaign manager Cristie Furth  “thought the tennis courts should be kept in house” according to the minutes…On the video she actually says “keep it for Town residents”)… Town Manager Colon says at this meeting there are a total of 40 residents and 3 commercial “key” holders who use the 2 tennis courts…and stated she has never had any issues with the tennis courts in her 9 years of being in Town…Town Manager Colon also says the courts were insured and updated in the previous year…Commissioner Clottey thought the rate should be higher in season. Commissioner Silverstone liked the idea of pro-rating it “He believed it would get MORE people out there”…Mayor Minnet “thought it encouraged more people to use the tennis courts”…according to the minutes…Comm. Silverstone and Mayor Minnet agreed. ….”Commissioner Silverstone made the motion to adopt Ordinance 2005-05 on first reading as written with a 5% annual increase. Vice Mayor McIntee seconded the motion. All voted in favor.”

BC- OOPS!…The ordinance to open up the tennis courts came from Commissioner Silverstone and was seconded by Vice Mayor McIntee and all voted in favor!…OUCH!…

The Ordinance came back for second reading on January 27, 2009 …It was read by title by the Town Attorney who clearly pointed out the change was to allow non-residents which was not allowed prior to Comm. Silverstone’s Ordinance…The Ordinance as a second reading was published in the Sentinel…($$$)…….Public comment was allowed and a group of the regular tennis players (the 40) came to speak out against the Comm. Silverstone Ordinance to allow non-resident to use their two prized Town tennis courts…After their impassioned pleas the Mayor closed the public comments portion and discussion began by the Commission….According to the minutes …Vice Mayor McIntee (who was the second for Jimmy-boy’s Ord. for first reading) jumped at the bit and said he “knew the people of the Town wanted to keep the tennis courts for residents.”…Commissioner Silverstone, the Ordinance originator “thought this was a great example of the way government should work”….Mayor Minnet, according to the minutes stated ” felt there should be some parameters to allow other guests and tourists to use the courts. She said she would like to see the Town share a little more.” ..A look at the video shows Mayor Minnet was actually saying what she heard from one public comment, “sounds like you don’t want to share “…Vice Mayor McIntee “was against sharing. He believed it opened up a Pandora’s box”…The Town Attorney advised how the Commission could move forward with the Ordinance to remain the same with the exclusion of non-resident usage for first reading yet again. “All voted in favor.”

BC- Commissioner Silverstone states he “thought this was a great example of the way government should work”…. WOW!…We paid for a second reading in the newspaper and with legal costs to go back to first reading because it was done without input from the residents… Commissioner Silverstone believes  THIS is the way government should?…And he wants 4 more years?..YIKES!… The misinformed are blaming Mayor Minnet for wanting to “share” when she was actually repeating what a fellow speaker said and she has voted along with Silverstone on both votes?…Hmmmm….

On February 10, 2009 the Commissioner Jim Silverstone Ordinance 2009-05 became Ordinance 2009-15 changing the fee structure and keeping the tennis courts as they were prior to Comm. Silverstone’s Ord. 2009-05 for residents only with hotels /timeshares being able to use the courts along with annual renters ….A few public comments were made…including Diane Boutin stating she made a public records request for the costs associated with the tennis courts.. “Commissioner Dodd made a motion to approve Ordinance 2009-15 on first reading. Commissioner Silverstone seconded the motion. All voted in favor.”

March 10, 2009 Ordinance 2009-15 was on the agenda for second reading …It was read by title by Town Attorney  Trevarthen…Public comment was opened and one proponent of keeping the tennis courts “private” came forth to thank the “Commission for a wonderful Ordinance…. Stating “he always looked forward to working with Assistant Town Manager Olinzock and Manager Colon”…”Vice Mayor McIntee made a motion to adopt Ordinance 2009-15 on second reading. Commissioner Dodd seconded the motion. The motion carried 5-0″..

BC- So from the time Commissioner Jim Silverstone tried to amend the longstanding Tennis Ordinance in January 2009 to allow for non-resident use…to the final adoption without the non-resident portion in March 2009……Mayor Minnet voted along  Commissioner Silverstone and the rest of the Commission 5-0!…

One point this writer thinks needs to be brought forth at this time is this…Since the Ordinance passed in March 2009… the Town Manager merged the Senior Center and the Recreation department….What rears it’s ugly head for the present Tennis Ordinance as it stands is the following……

On January 12, 2010 at the Regular Commission meeting, after the Town Manager created chaos by directing the Senior Center Director to post a sign of requirements to allow only certain Seniors to participate, the Commission decided on new rules for allowing residents and NON-residents to use the activities the Town offers…

Commissioner Silvserstone stated the following. I think for in-town residents free, absolutely, but for people who are also using this from Galt Ocean Mile from Fort Lauderdale, a small charge to just, to, to help out with the paperwork and so forth I think would be reasonable. I’d like to go in that direction.”

Mayor Minnet and Commissioner Dodd concurred with a fee for non-residents….. Vice Mayor McIntee stated the following…” What I’m saying is you indicated we can let anybody come in if we create two lists. One for legitimate people per the grant and one for the people who do not make the grant standards,. Is that correct?”…

The Town Manger responded she did not like to use the word “legitimate” …preferring those that do not fit the “criteria of the grant”…

The Vice Mayor then added this ” Let’s open it up! Let’s get it going. Encourage two lists and encourage people to come and use our services!”…

Commissioner Dodd made a motion …

The Town Manager asked for clarification… then stating a $30 charge once a year for “ANY AND ALL ACTIVITIES”… OOPS!…

Commissioner Silverstone perhaps recalled the Tennis Ordinance…and stated the following ” I just have I, I think we’re missing something here. I learned a lesson a long time ago the people who are enjoying these services should have input here. So I think I would like to get their input what the  would like to see as any restrictions. Cause I could see that Yoga class being almost over, overly. Anyway, we have, we have a certain limitations in the room and that sort of things. I think getting their input directly about what would be workable for them as far as ah, restrictions. I think it would be a good thing. Unless the Town Manager thinks she has enough input currently to judge that.”….

The Town manager gave her examples of the Yoga class led by Pauline McGuiness and her cutoff of 35 people in the room…

Commissioner Silverstone responded “Got you. That’s fine.”…

The Motion was made by Commissioner Dodd and seconded by Vice Mayor McIntee …passing 4-0 (Comm. Clottey was out ill)…for the Senior Center-Recreational Department activities to be used by residents…NON- residents …of any age and any income!…

With that vote…on January 13, 2010…ALL ACTIVITIES in LBTS are open for use EXCEPT the Town Tennis!…

The Furth-endorsed candidates are at “MATCH POINT”…. in the “2nd set” of trying to fearmonger their way to a victory in March!…OUCH!…

Pass the Ben-Gay…..

………………………………………

2009-15 TENNIS ORDINANCE ….

Sec. 17-14. Persons who may use tennis courts; access to tennis courts; issuance of keys; fees.
(a) There shall be available only (1) to persons who own property within the Town and/or (2) to persons who lease residential property (single-family detached homes, townhomes, condominium units or rental apartments) within the Town (tenant-residents) under a written lease for a term of one year or longer, and/or (3) to owners and/or operators of hotels and motels located within the Town for use by the registered guests of such hotels and motels (hotel/motel operators), the opportunity to use the tennis courts which are owned by the Town subject to such rules and regulations pertaining to such use as may from time to time be promulgated by the Town Manager.
(b) The tennis courts may only be accessed through the entrance gate and with a key to be issued by the Town for that purpose.
(c) Keys to the tennis courts may be rented annually from the Town by property owners, tenant-residents, and hotel/motel operators on a fiscal year basis. Keys rented during the fiscal year will be charged a prorated percentage of the annual fee. Only one key shall be issued to a hotel/motel operator and only one key shall be issued to a property owner (for each residential property owned) and only one key shall be issued for any one residential dwelling unit tenant-resident.
(d) The annual fee for the issuance of keys shall be as follows:
Single-family and duplex dwelling, including individual condominium units (and any unimproved lots)** . . . $100.00
Hotel/motel operator*
3–12 units* . . . 100.00
13–50 units* . . . 100.00
More than 50 units* . . . 100.00
Individual tenant-residents** . . . 100.00
*Only one key shall be issued to a property or complex–transient licensure
**Only one key shall be issued per residential household
(e) All fees contained in this section shall be automatically increased by five percent on October 1, 2009, and by five percent on each October 1st thereafter.
(f) The Town Manager shall verify the particular property owner, resident-tenant and/or hotel/motel operator status prior to issuance of a tennis key.
(Ord. No. 353, § 1, 9-14-94; Ord. No. 2009-15, § 1, 3-10-09)

http://library8.municode.com/default-test/home.htm?infobase=14431&doc_action=whatsnew

more to come….

Post Division

Here’s The Scoop … The “Median” Municipal Election In LBTS ….

January 15, 2010 by Barbara

“IT’S THE MEDIANS, STUPID”…..

Dear Readers.. The March 9, 2010 LBTS Municipal Election will be about the El Mar Drive Million Dollar Medians …. and if voters want to spend a million to be “educated” in walking the medians along with our furry friends…they should vote for the Furth endorsed candidates of Joe Couriel, Marjorie Evans and Commissioner Jim Silverstone…These three agree with Marc and Cristie Furth, Commissioner Birute Clottey and Vice Mayor Jerry McIntee that walking the medians is the way to go!…People just need to be educated to do so!….

Here’s what CIC Board Member-Editor of BTSTimes and Campaign manager to the CIc-endorsed candidates said in her public comments on January 12, 2010…

“I will speak on an agenda item but not this particular agenda, a previous one. The passage of the El Mar Drive beautification project. I’m very pleased that the majority of the dais (Silvertone, Clottey, McIntee) went ahead with that project that has been a year and a half in the works. Um, decided on by the Master Plan Steering Committee and with the dais being well informed that you only have so much money, that one million dollars which was a penalty for overbuilding the Oriana was designated to make pedestrian El Mar Drive more pedestrian friendly and this plan does exactly that. Everything else was discussed in the year and a half. Everybody was aware when it came time to vote for it. I would have liked to have seen a majority vote of 5-0 up there for it because it is exactly what the Master Plan Steering Committee was charged with doing and it’s exactly what they did. I don’t understand why anybody would vote against it. It’s not money taken out of anybody’s budget and anybody’s tax dollars. It is designed exactly for this purpose and another sidewalk down the middle of a ah, park like area, shaded ah, people can walk their dogs and would be if people want to get out of the sun because it’s very hard to get out of the sun on El Mar and it’s a very popular exercise boulevard. This is an absolutely ideal plan and I’m looking forward to its implementation.”

Well, Ms. Furth is very good at revisionist history at the podium….She has conveniently forgotten that for that year and a half the MPSC on which her husband is a member was misinformed by the Town Manager that the Oriana million per the agreement was only for the south end of El Mar Drive…thus the median idea came forth, using the Art Institute students …Although the Town Manager was repeatedly asked to verify her assertions by the committee,including both Mrs Furth and her husband along with certain commissioners ….the answer from the Manager was emphatically yes…only the south end of El Mar Drive could benefit from the monies…Not until Commissioner Clottey befriended former Mayor Oliver Parker and made the request yet again…at the 11th hour (true to TM Colon’s M.O.) did the Town Attorney state that the Oriana million could be used anywhere on El Mar Drive!…On top of that the Town Attorney added she did not need to contact “Mr. Oliver” that all she needed was staff supplied information!…YIKES!…

Ms. Furth also seems to have forgotten that after that information was revealed…the MPSC was thrown for a loop and had plenty of second thoughts for implementing the median project!…Among those calling attention to being led down the wrong path by lacking full knowledge was none other than galpal Maryann Wardlaw, and even Furth’s husband Marc!…(prev. post)…

At the Dec. 7th meeting according to the minutes approved on Jan. 12, 2010 by the commission 4-0 ,(Clottey was absent ) which means that each Commissioner approves the content as correct for the official record…the official minutes state on page 2 ” It was the consensus of the Commission to give the project back to the MPSC to gain an overall concept before spending the $1 million and return to the Commission at a later date with their recommendations. With no further business before the Commission, Mayor Minnet adjourned the meeting at 6:37 p.m.”

Again, when the Commission approves the minutes, they are approving the content as accurate for the official record…After reading the Dec.7, 2009  Commission Conference minutes above …here are the Dec. 8, 2009 Commission Meeting minutes on New Business item 16a….

“Discussion and/ or action reference: El Mar Drive Project (Vice Mayor McIntee)

Vice Mayor McIntee stated that the Master Plan Steering Committee was given direction to move forward. He believed the project was money well spent.

Commissioner Dodd said the Master Plan Steering Committee wanted to re-evaluate Ocampo & Associates recommendations and come up with a complete plan. He suggested the Commission follow the recommendation of the Master Plan Steering Committee.

Commissioner Clottey asked if any of the money could be used towards drainage improvement at the Pavilion. She preferred sidewalks but understood there was not enough money to do all the sidewalks. Commissioner Clottey stated that she would support Option #1.

Commissioner Silverstone also supported Option #1. He believed the intent of the Master Plan Steering Committee was to get going on the project.

Mr. Novak stated at the end of the Roundtable meeting the Committee agreed they wanted to move forward, but the Commission wanted them to have a couple of more meetings to make to sure it was right and move forward on the first phase.

Mayor Minnet agreed that it was the consensus of the Commission to look at the whole picture and have a correct plan. She did not believe it was wise to spend $980,000 on just a cosmetic fix for El Mar Drive.

Mr Novak believed the master Plan Steering Committee would need 2 or 3 more meetings to fine tune it.

Commissioner Dodd inquired of the street lighting and stamping.

Commissioner Clottey advised that Option #1 did not include stamping. She believed it was included in Option #3 or #4.

Vice Mayor McIntee made a motion to approve the $980,000 for the El Mar Drive Project Phase 1. Option #1. Commissioner Silverstone seconded the motion. The motion carried 3-2 Mayor Minnet carried 3-2. Mayor Minnet voted no. Commissioner Dodd voted no.”

This writer has spoken to countless longtime walkers of El Mar Drive and as previously posted they think totally the opposite of Cristie Furth-BTSTimes- Candidates Silverstone/Evans and Couriel -Commissioner Clottey and Vice Mayor McIntee …that this is “an absolutely ideal plan” and a great use of the Oriana million!…

Sea Ranch Club resident and El Mar walker Pauline McGuiness told this writer that it is ridiculous to think anyone will walk in the medians…She went on to explain as all the walkers have,  they will continue to walk in the street for the surface that is easier on their joints, further explaining which side of the road used depends on the sun and emphatically stating that one major point that has thus far been ignored from all discussion is that of the fumes from the vehicles! She said she will not walk the medians…and so far from the comments this writer has received…neither will anyone else!…So whether the money is as Mrs. Furth stated “It’s not money taken out of anybody’s budget and anybody’s tax dollars.”…it’s still money thrown down the drain!…OOPS!… No drainage in this project!….

So to Mrs McGuiness and all the other El Mar Drive walkers …remember when you vote on March 9, 2010……. vote for Mayor Roseann Minnet who voted against the El Mar Drive Project on Dec. 8, 2009 and Candidates Scot Sasser and Chris Vincent who are on record at the podium and speaking to residents throughout the town, stating they too opposed the use of the $980,000 for putting walkways in the medians and they too are concerned that a majority on the Commission ignored not only the MPSC but the walkers of El Mar Drive!…

More to come……..

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