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Here’s The Scoop … Following The LBTS Purchasing Manual Procedures ….A Lesson In Selective Adherence? …

August 17, 2009 by Barbara

HAPPY TOWN MANAGER…..

Dear Readers… Still looking at the LBTS  10/15/05 Revised Purchasing Manual…(yes, still)…after finding one “selective” procedure the Town Manager and her staff want to adhere to concerning the RFP bids wording in Sec.2 …page 19 4a…(prev. post scoops cat.) that was revised on 2/17/09… (without Comm. approval)…and to forgo reading “aloud” the RFP bids as published and done prior to July 29, 2009…While at the same time the Administration did NOT follow the procedures when it came to the LETF decision process (prev. post scoops cat.) that states it is the BSO Police Chief and the Town Commission who decide the use and approval of the funds… The Town Manager  is not even mentioned  in the procedure and  should be only the facilitator in the process ….The Purchasing Manual procedure that states the Fl. State Statutes in black and white spelling out ….LETF funds cannot be used for renovations or building a station …And now there’s one more procedure that may have been tossed aside …and if it turns out it too was selectively and purposely ignored..then readers..once again…”Houston, we have a problem!”…

According the the LBTS Purchasing Manual Section IV L. REAL ESTATE ACQUISITION…(page 39-40 Revised 10/15/05-scans below)…

“The following procedures shall be employed whenever LBTS seeks to acquire, by purchase, any real estate.”

1. Deals with the prior to initiating negotiations with the property owner LBTS shall obtain a written appraisal including the appraiser has no vested or fiduciary interest in the property..

BC- At the March 25, 2008 (video link below…below) the Town Manager asks the Commission for a motion on the sale/purchase of properties (it was tabled at the 3/11/08 meeting) because “there are RFP processes we have to follow”…and she “doesn’t want to waste her time” …Comm. Silverstone asks if it is to sell the warehouse as well as purchase the hotel…The Town Manager says “It would be nice.”…Comm. Silverstone makes the motion to do both and VM McIntee 2nds it…Comm. Clottey asks for an estimate of what the property we would sell is worth…Town Manager Colon says the Town bought the warehouse for $1.6 million and the hotel was orig. $2.4 million and was down to $1.9 million so there would be a $300,000 difference..and says “that doesn’t mean anything” because  the market is not good …but also says “it is a good time to buy an adjacent property”…adding that since she [TM] has been her [8 yrs] we have bought 6 properties and we own all of them except the “parkin’ lot”…VM McIntee (ever the “wheeler dealer”) addressed the Town Manager and said that the $1.6 million warehouse could sell for more ..”It could grease the wheel”…The Town Manager says that a Realtor she thinks named “Stella” “performed the process for us”…the motion was passed 5-0…The question is was “Stella” involved at all with the purchase or sale of either property which according to the procedure is not allowed?…

2. Appraisal reports and counter-offers are confidential and exempt from public records law (1991)

3. No negotiations may be commenced, offers, and counter-offers made for the acquisition by purchase of real property without prior authorization of the Town Commission.

BC- In the March 25, 2008 video the Town Manager states the price for the hotel was “down to $1.9″…was that done in general for the open market or with the Town prior to the motion made at this meeting?

4. Upon commencement of negotiations, LBTS shall inform the property owner, in writing , that all agreements for the purchase of real property are subject to approval by the Town Commission.

HERE’S THE ONE THAT NEEDS TO BE VERIFIED THAT IT WAS ADHERED TO… …(public records req. below)

5. “ANY AGREEMENT BY LBTS TO PURCHASE REAL PROPERTY SHALL BE SUBMITTED TO THE TOWN COMMISSION FOR APPROVAL AT A PUBLIC MEETING AFTER THIRTY (30) DAYS PUBLIC NOTICE. NOTICE OF THE PROPOSED PURCHASE OF REAL PROPERTY SHALL BE PUBLISHED ONCE A WEEK FOR AT LEAST TWO (2) WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN LBTS”

BC- I cannot find anything that shows this was done…could I have missed it that far back?…Yeah…but I want verification it was adhered to and that it continues to be adhered to moving forth…If it was not then the public was not allowed to voice their opposition to this purchase as they should have been afforded with the publication and the process of this purchase was not done properly. I await a response from the Town showing  copies of the 2 weeks of “general circulation” newspaper publications ….

6. Evidence of marketable title in the form of title ins. etc….

7.” In order to prevent the premature disclosure of LBTS’s interest in acquiring a specific parcel of real estate, the Town Manager may expend up to $30,000 on related appraisals, environmental studies, etc. without Town Commission approval”

BC- This one [#7]  needs to be “Revised”… ASAP!

MAY 27,2009 Commission Meeting video (link below)…The Town Manager spoke of the 2 appraisals that were done …the Town Atty’s review of the property document agreement…BUT NO MENTION OF 30 DAYS  PRIOR PUBLIC NOTICE (#5-2x in a general circulation to LBTS newspaper)…and that the owner reviewed the agreement as well….Comm. Silverstone made the motion…VM McIntee 2nd it…Comm. Clottey asked about the warehouse property…The Town Manager said they were awaiting a 2nd appraisal but the appraisal they had was higher than the hotel property they were buying…The Town Manager stated the property [hotel] started at $2.4 million and after 2 appraisals the owner agreed to come in between the 2 appraisals and the purchase price would be $1.77,650…Comm. Silverstone said it was a “pretty good deal”…The Mayor said we had enough property with the land we own and she was not for investing in more with the funds we have…The Vice Mayor said he disagreed with the Mayor …VM McIntee said we are “10 years behind for police…50 years behind for fire”…we are “jumping from 3 people to 92 possibly”…we need a “environment for public safety people”..he spoke of the BSO fire station promised and not produced…and asked the Town Manager “Do we have the money?”…”Town Manager do we have the funds?”…TM”yes!”…VM McIntee “Is it earmarked for this?” Town Mananger “Yes!”…VM “Then what are we arguing about?”..

Town Manager Colon-” I want everybody to understand we have a fire department comin’, an AMR department comin’ and of course we have a police department and we only have one room to house the fire and fire rescue. We have to house both companies somewhere. Right now BSO sits in 2 trailers cause they really don’t have a facility to reside in.” (HUH?) “I think it’s time we address that issue.”

BC- 2 trailers?  [(A reader informs there were 2 trailers…1 by Town fire station and 2nd one was at Assumption Church…)The BSO police reside in the same place [Jarvis Hall building] they have from the beginning of their contract…… and we now know from the special meeting in June when Chief Scott Gooding was represented by the BSO Colonel that BSO asked to remain where they are after seeing the hotel!…OUCH!…We also now know that the Town Manager did not plan properly for the building  and did not include the real cost of doing the required renovations…and it seems her decision to use the LETF  for the renovations was improper. Double OUCH!…In the time since we purchased the property the BSO have remained where they are …so the status quo implies the Town Manager should have planned better and waited to purchase this property or to not purchase it at all!…

Comm. Clottey said that “normally” she wouldn’t like a purchase like this , but asked “how often does an adjacent property come on the market?”…

The Town Manager said “Never!”….

BC- not long after the purchase the adjacent property behind the hotel on Bougainvilla came up for sale (prev. post) and it was for sale at less than $800,000!…The Commission addressed it, but did not attempt to buy it with the outrage that came from this purchase…which cost the taxpayers more than double for the same size lot now available!…OOPS!…

Comm. Clottey then spoke of the warehouse and the need for it to be advertised ASAP!…She stated “Otherwise I think residents are going to be justified in screaming loudly.”

The Town Manager said she had an advertisement ready to go as soon as the 2nd appraisal came in as she was “obligated” to wait for it…saying she [TM] will work with the Town Atty. who had reviewed it …Comm. Clottey reiterated she wanted the property on the market….The Town Manager said “probably this week if not next week, we’re just waitin’ for the next appraisal.”

BC-Originally the Town Commission approved a 90 day contract for the firm to sell the property…Here we are 15 months later..the Town Manager has not asked the Commission for any extension or any direction to replace the company….We still own the building…just the “For Sale”  signs are larger…

The Mayor repeated her reasons for not wanting to purchase the property saying we have enough property…Comm. Silverstone asked the Mayor what it would cost to replace the Town Hall…the Mayor responded they would save the $1.7 million and then need to get the numbers …Comm. Silverstone retorted “Without knowing those numbers that’s a very strong statement you’re making”…The Mayor attempted to make him understand “You don’t have to spend money” on the new property…Comm. Silverstone spoke of a past Master Plan that included the Town Hall and the Town Manager said it was at a cost of “a couple of million”…The Mayor said to “use the $1.7 on top of that.”..

BC- THE FOLLOWING IS NEWS TO ME….

Town Manager- ” HONESTLY THE GOAL WAS TO ACQUIRE ADJACENT LAND. THAT WAS ONE OF THE GOALS. ”

BC- When?…By whom?…

The Town Manager went on to talk briefly about the relocation that would have to happen if Town Hall was replaced…

Comm. Silverstone- ” That’s what I thought”…..

BC- Comm. Silverstone brought up the acquisition prior to the 2008 election 2 months earlier …but as far as it being a “goal”…Hmmmm….

VM McIntee- ” Jimmy’s right on, a fire station’s gonna cost $2-3 million, police department a million and a half, that’s $4 million, that’s not counting the Town’s offices, new structure, $6-8 million minimum, we don’t have that.”

BC- WHOAAAAA….I thought the Town Manager/ “Gang of 3” “Mantra” was and is “We are in the black” and the $8 million loan could be paid back at any time!…OOPS!..

VM- ” That’s probably low. You’re apples and oranges here Mayor! Bottom line is in less than 70 days we’re gonna have 92 firemen working in this town, 27 policemen. That’s 127 people.” (HUH?) ” Before we sneeze we’re gonna have ambulances coming in and out that we got to maintain”

BC-Add much VM?…We are not maintaining the ambulances, AMR is and the in- town ambulance is plugged in with an extension cord in front of the hotel (that alone would be a code violation for anyone else in this town)…The AMR portion of the Public Safety building is lousy, they could have stayed at the Beach Hotel or the Holiday in and had the same type of accommodations…YIKES!…

VM- “AND I MEAN WE COULD PROBABLY PUT BUNK BEDS ON THE ROOF, BUT THEY’RE GONNA GET WET IF IT RAINS, WE GOTTA PUT THEM SOMEWHERE AND WE GOTTA DO IT RIGHT.”

BC- The Manager found out after the purchase that the VFD could NOT sleep upstairs …and although there was talk of moving them downstairs and BSO up, that too would not fly…So desperate was she (we were told) that she considered using Lazy-boys to bypass the requirements…That too did not happen…We have heard that indeed there are some beds upstairs, but the intended use by 92 firemen never came to fruition as the VFD steadily thinned out to 60+ (last month we heard 75) ….

Town Manager Colon -” Remember if you look at your budget documents, a municipal complex was $4 million and that is about 4 years ago”..

VM McIntee-” Well quadruple it then!” and then used the increased costs of the sewers in the north as an example…

The Town Clerk asked for clarification of the vote…and was told it was to “just approve” the purchase…the Mayor read the motion and it passed 4-1 Mayor Minnet dissenting…

BC- There you have it…we taxpayers might have been had…unable to speak out and stop this unnecessary and unpopular purchase of the LBTS Mc-Public Safety Complex with its Mc-Public Swimming Pool…(still actively looking to hire a town lifeguard)…

The Scans…The Minutes….The E-mailed public records request….the Town meeting video links…

real estate acq. pg 1

real est. acq. page 2

mar 25, 2008 minutes hotel #1

may 2008 hotel purch #2

From:
“Barbara Cole”
To:
“Steve D’Olivera”
Steve: I am making a public records request for a copy of the publications that were to be published in a newspaper once a week for 2 weeks in a newspaper of general circulation in LBTS concerning the acquisition of the hotel in May 2008. Please acknowledge receipt of my request and let me know when it will be ready for pickup. Barbara Cole

March 25,2008 online link ….New Bus. 13D……. http://lbts.granicus.com/MediaPlayer.php?view_id=2&clip_id=55

MAY 27,2008 online video link….Old Bus. 15A. ……. http://lbts.granicus.com/MediaPlayer.php?view_id=2&clip_id=66

more to come……..

Post Division

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

August 9, 2009 by Barbara

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

0717091023a

100_4007

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

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

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

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

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

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

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

more to come …..

Post Division

Here’s The Scoop ….. “HOT” HISTORY …. 2007 … “HOT” UNDER THE COLLAR …2009 ….

August 8, 2009 by Barbara

“2 HATS” UNDER PRESSURE….

Dear Readers….If there is any doubt as to why this writer will keep up the pressure to rectify the situation we find ourselves in with the current majority on the Commission and the current Administration…a look at the minutes from Jan. 9, 2007 is just one of many glaring reasons why the hypocritical “2 Hats” must be swept out in March 2010…In this post first the past minutes then the last Commission meeting…

THAT WAS THEN…..JANUARY 9, 2007…

page 23…New Bus. item 14 C. Discussion and/or action pertaining to procedures for public comments and Commissioner comments (Mayor Pro Tem Clark)…

Here’s the highlights…….. Comm. Clark brought this up because he felt the Town’s ability to do business “has been severely impaired by the way public and the commissioner comments are applied at Town meetings”…He wanted to cut down the time from 1 -1 1/2hrs. to 30 min. ….Mayor Parker had to stop Comm. Clark because the audience (CIC -2-Hat supporters/ full disclosure including this writer …still under the Kool-aid at the time) were “chuckling…breaking “decorum” …Comm. McIntee stated Mayor Parker was running a “Kangaroo Court”…Mayor Parker said Comm. McIntee needed to learn decorum…Comm. Clark said his plan “would prevent any group from stacking the deck”…He also wanted only residents/taxpayers to be allowed to speak..3 mins/no personal attacks from the dais or the podium…the leftover speakers would be able to speak at the end of the meeting…Comm. Clark wanted Comm. comments moved to the end as well with a 5 minute time limit…Comm. Clark made that motion..Mayor Parker 2nd it…THEN…

“COMMISSIONER SILVERSTONE REMARKED THAT HE FELT LIKE HE WAS HAVING A BAD DREAM AND THAT THE PROPOSED PROCEDURAL CHANGE WOULD NOT BE A PROBLEM IF THERE WAS NOT SO MUCH MISTRUST AND MISCOMMUNICATION, THUS THE TOWN’S PROBLEMS WEREN’T GOING TO GO AWAY BY MAKING THIS ACTION “…He did not think the meeting would be less in time…”COMMISSIONER SILVERSTONE SAID THE MOTION WAS A SLAP IN HIS FACE AS AN AMERICAN.”

“COMMISSIONER MCINTEE DECLARED THIS MOTION A DISGRACE AND A REFLECTION OF THE FACT THAT MAYOR PARKER, VICE MAYOR YANNI AND MAYOR PRO TEM CLARK COULD NOT STAND THE HEAT. ‘

” COMMISSIONER MCINTEE ARGUED THE TOWN’S PEOPLE HAD EVERY RIGHT TO COME UP TO THE PODIUM AND CALL THE COMMISSION ANYTHING THEY WANT.”

“HE WENT ON TO SAY THAT THIS MOTION VIOLATED THESE PEOPLE’S RIGHT.”

“COMMISSIONER MCINTEE CONCLUDED BY SAYING THAT MAYOR PARKER WAS AN EVIL PERSON AND THAT HIS MOTION WAS WRONG, WRONG, WRONG.”

Mayor Parker reprimanded McIntee and reminded him “there were no personal attacks allowed”

“COMMISSIONER MCINTEE CONTINUED BY SAYING THAT IT IS A CONSTITUTIONAL RIGHT TO SPEAK OUT AND BE HEARD.”…”He admonished the members of the Comm. that were retired army majors and lawyers by saying “SHAME.”

Comm. Silverstone said he hoped he wasn’t wasting his time by trying to talk to the other Comms….that “he might change his mind by something that was said”..and hoped the other Comm. would do the same.

“COMMISSIONER MCINTEE APOLOGIZED TO MEMBERS OF THE AUDIENCE FOR THE DAIS AND THE WAY MEMBERS OF THE COMMISSION WERE USING THEIR AUTHORITY TO ABUSE THE TOWNSPEOPLE’S CONSTITUTIONAL RIGHTS AND STATED THINGS LIKE THIS ONLY HAPPENED IN TOTALITARIAN REGIMES.”

“HE LAMENTED THAT THE SUPPORTERS OF THIS MOTION WERE NOT EVEN GOING TO HAVE THE COMMON COURTESY TO LET THOSE WHO CAME TO SPEAK HAVE THEIR LAST HURRAH.”

Comm. Clark said Comm. McIntee was the one that was “evil”, Mayor Parker said both Comms. were out of line…no personal attacks.

“COMMISSIONER MCINTEE EMPHASIZED HE THOUGHT MAYOR PARKER WAS TAKING CARE OF EVERYONE BUT THE TOWNSPEOPLE. …He went on to say that’s why there was a recall and made accusations against the majority on the dais meeting at Aruba’s to decide their roles on the dais and “work it out to screw the two new guys.”…Parker, Clark and Yanni said that was a lie…It then veered off into ethics / conflict of interest and the following statements by Vice Mayor Yanni…

“Vice Mayor Yanni remarked that ever since they’ve [McIntee/Silverstone] the Town’s done nothing but argue and fight, but that it was time to put that aside and pursue the business of the Town. HE POINTED OUT THAT THE CIC WAS NOT THE ENTIRE TOWN AND HE HEARD CRISTIE FURTH SAY “OH WE GOT THE TOWN WHERE WE WANT THEM RIGHT NOW.” He encouraged the people in favor of moving on to speak up and express their feelings about the Town and the commissioners who are doing this recalling and backstabbing and lying with the paper.”

Mayor Parker admonished the Editor of the By The Sea Times  and a vote was called for …it was 4-1 McIntee dissenting…Silverstone voted yes to be able to bring it up for reconsideration…

full text….http://www.lauderdalebythesea-fl.gov/town/arc-meetings.htm

THIS IS NOW….July 28, 2009….

Previous post “Prop again DUH!” 8/3/09 scoops cat…. has the exchange from New Bus. item 16 D. where the VM goes after freedom of speech…below are some more statements made by the same “2-Hat” that spoke on Jan 9, 2009….

Comm. Silverstone ” I have a problem with the, the people abusing the right to speak up here. I think we should give 3 minutes period. However they want to use that 3 minutes is up to them because we’re, we’re as a comment was made earlier [by his Fiancee’ prev. post] the Town’s not getting anything done here and it’s getting out of hand and it’s just being used for political agendas and um, it’s affecting the way we’re operating here. It’s getting really embarrassing and out of control and I yield.”

Vice Mayor McIntee ” Um, it’s being abused ah, by one woman in this room presently [this writer] ah, last meeting she was up 5 times and took 18 minutes. I timed it.”

BC- I timed it..I was up for 2nd reading 3 min/ VM Drainage 2 min./ RFP 2 min./ Banners 1 min./ Monument less than 1 min. total 8+ mins….the VM in his Comm. Comments 13 mins./ this writer thought the Comm. allowed all to speak only once on 1 item. no limit on topics. from an earlier round table decision etc…

VM- ” That’s just an abuse if, if it’s election time coming up anybody runs for election can come up on every item it’s off the wall, it’s lost control, the, the Mayor has lost control of the meeting by allowing this to happen.” He went on to say he recalled only one item if not public comments and only 3 minutes…Comm. Dodd agreed with his recollection…

VM- ” I agree with that and it’s been abused completely and the Mayor let it happen time and time again and it’s wrong and it’s one of the reasons meetings have been 6 and 7 hours.”

BC- Willing to bet that a check of the past meetings will show the largest user of time …is the Vice Mayor!….

VM- ” Another problem we have are people coming after the signature sign in sheets are done. They’re taken up by Nikki, she placed them and people are handing her names. That’s wrong.”

The Mayor asked for a point of information to see if that has happened…Nikki said it had…The Town Manger inaudibly spoke about it and the Mayor said she needed to check saying “I wanted to make sure that the truth , that the Vice Mayor is saying something that is factual.”

VM- ” You, you calling me a liar Mayor?”

Mayor- “You tend to bend the truth at times.”

VM- ‘ You tend to go in directions that aren’t always in the right like running these meetings and getting out of control.”

The Manager said it occurred…Nikki affirmed it and said it need not go any further…

BC- at public comments Cristie Furth brought up the previous decision made in 2007…saying this commission had made a concerted effort to make it better…She said “the pendulum has swung”…BUT…should that matter?….

June 9, 2009…public comments Cristie Furth ” felt the audience was controlling the meetings and should be controlled by the Mayor as presiding officer….

The Vice Mayor then went on to his “Gestapo and Nazi members and Storm troopers” diatribe…adding “that’s over the line, that’s decorum. As as a sitting Mayor you have an obligation to control the decorum that’s, that’s not freedom of speech that’s losing the decorum of a meeting and to say somebody up here is a Storm trooper and a Nazi…”…

The Mayor said the Town Atty. wanted to speak…but the Vice Mayor was not done…He went on to speak of a business owner speaking against a “resident” (prev. scoops post Achilles Heel”…going on about all the 2009 imposed rules…no names no personal attacks…

The Town Attorney addressed the freedom of speech issue…with pubic comments…allowing for public to speak at public hearings ..(1st/2nd readings/ Quasi Judicial)…The Vice Mayor was not backing down…

VM- ” And when the Mayor sits there and let that happen and said nothing I was upset. But she let it go on and on and on and that was a step that lost it and complete decorum and any respect I had for the Mayor right there.

The Mayor said the Vice Mayor was “the last person I want to have respect from.”

The Vice Mayor said “well that’s fine Mayor but this is business to run”

The Mayor wanted to move on…but the Vice mayor still wanted a vote and to address whether those who spoke would need to state their addresses…

The Mayor said she could not make that motion…”I don’t make motions Vice Mayor, you do.”

BC- The Mayor could not make a motion…Why?  Because the 2- Hat Commissioners and the candidates decided “we’ll work it out and screw the new Mayor by not allowing her to make motions and not allowing the Town Attorney to sit next to her”…

The Vice Mayor made the motion and Comm. Silverstone 2nd it…it passed “Gang of 3″ -2…

In 2009…Vice Mayor McIntee, Commissioner Silverstone and Commissioner Clottey …”.COULD NOT STAND THE HEAT”. ….It’s time for them to go…

more to come….

Post Division

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

August 7, 2009 by Barbara

A LIFETIME CONTRACT!……

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

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

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

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

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

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

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

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

The Contract….pages 1-7…

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

colon employ agrmt page 1

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

colon emply agrmt pag 2

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

colon employ agrmnt page 3

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

colon employ agrmnt page 4

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

colon employ agrmnt page 5

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

colon employ agrmnt page 6

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

colon employ agrmnt page 7 signers

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

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

bob baldwin 2001 employ agree

June 14,2009…letter EMPLOYMENT CONTRACT…includes To Commission..(including McIntee & Silverstone)/ ” hired on a week to week basis and that I only was required to give five days notice if I needed to resign. Though not discussed, presumably, I was not entitled to the severance pay provision of the contract if the Commission decided my services were no longer needed.”…

bob baldwin 2006 employ agree

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

THE MEMOS SILVERSTONE REQ./ ADMINISTRATION RESPONSE…

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

baldwin req. silverstone

bob baldwin #1

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

COMM. DODD REQ./MEMOS WITH THE BREAKDOWN…

baldwin req 31 dodd

baldwin brkdown req. dodd

bob baldwin #2

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

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

more to come….

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Here’s The Scoop …. 7/28-29 /09 LBTS Commission Meeting ….#4 …”Heel” Protection …….

August 6, 2009 by Barbara

YEP….MCINTEE’S ACHILLES HEEL….Marc Furth…..

Dear Readers….Commissioner Silverstone placed on the July 28,2009  Commission meeting New Business item J. “Discussion and/or action for a proclamation for Marc Furth”…At the start of the meeting Comm. Silverstone withdrew his item explaining that he put the item on without Marc Furth’s knowledge …Mr Furth did not want anything …and he [Silverstone] reasoned Marc’s actions were “because of the political environment”…At public comments the Furth proposed proclamation was addressed by speaker and LBTS business owner Louis Marchelos ….his comments are below….In the aftermath on day 2 of the 11 hour Commission meeting when discussing New Business item D. “Discussion and/or action to have public speakers state their full address…the Vice Mayor went after the speaker., Mr Marchelos…but his accusations of what Mr. Marchelos said were as usual “bending the truth” in his attempts to protect his #1 BFF Marc Furth…..(as the Mayor told him was his tendency during one heated exchange when the VM asked the Mayor if she was calling him a liar)…….This writer can tell you with 100% certainty, the most important person in McIntee’s life…is Marc Furth…During the days of being left out in the cold a few years back when the Furths found out that McIntee divulged something they told him in confidence…… he [McIntee] was banned from the Furth motel…and any communications with Marc Furth…It was the only time I have ever seen McIntee as a diminished figure…He was barely treading water…He would have done ANYTHING to get back into Marc Furth’s motel and Marc Furth’s good graces…ANYTHING!….Marc Furth is the one in charge… Marc Furth  IS Jerry McIntee’s Achilles heel…OUCH!….

Public Comments…Louis Marchelos…7/28/09…

“Tonight I was gonna speak in support of the agenda item that Commissioner Silverstone put on in referencing Marc Furth. I am disappointed that Mr. Furth would not wish to receive this proclamation.While I have found his political support of the Bully Bunch abhorrent, I can not deny that he has devoted many hours to the community. I support the proposed recognition but not his political activities which have split this town into factions and have destroyed what the true pioneers of this town had for a future vision.

While we are giving recognition to individuals I think we have an opportunity to partially right a wrong. I propose that at the same time we recognize Furth we issue a proclamation recognizing Scott Gooding for his excellent service to our community, acknowledging his professional competency and his contribution to all our lives.

This man has been wronged and this is an opportunity for those on the dais who said they let the firing take place only because of the separation of powers in Ms. Colon’s contract, put their money where their mouth is. This is a perfect opportunity for the Town to erase this black mark from Scott Gooding’s record. Show some conviction. Show that the dais has a soul.”

Vice Mayor McIntee’s comments on the above …7/29/09…

“And to have another person, another town member, owner of a business come up and attack a town resident by name. We all said specifically no town, nobody speaking can attack anybody by name. I’m not talking about Commissioners, I’m talking citizens. We all agreed to that, nobody could come up and go to that podium and say I don’t like John Doe. He’s a bad guy. He lives over on El Mar Drive and you [Mayor Minnet] let it happen multiple times and it’s wrong. That’s why citizens are at each others throats. This is not a, a position to, to throw your hate against somebody else in town. You can’t use the name of citizens. We have to put up with it, I accept that but no citizen should have to listen to another citizen talking throughout this town about them and making accusations. That’s wrong Mayor and you should have stopped it and you didn’t and I resent it, I yield.”

BC- Looks like the Vice Mayor was veering away from his take on the public comments made by Mr. Marchelos to perhaps include previous posts written on this site…concerning “leader” Furth….

Let’s get one thing straight …. Marc Furth  is not just “a resident”…he is not “John Doe” who “lives over on El Mar Drive”….Marc Furth is also “a business owner”…(like Mr. Marchelos)…Marc Furth is the Town & VFD photographer/ Town event coordinator/Reef project coordinator/MPSC board member/local newspaper owner & Editor/ CIC member /CIC Citizen of the Year/(it is said) #1 advisor to the “Gang of 3″/ (most likely ) the 2010 re-election campaign co-chair  as well as a former Commissioner…Marc Furth has recently written letters with ultimatums to the Town concerning  Commissioner Dodd and the Mayor and is said to have instigated numerous acts upon Mr. Marchelos during the past year concerning the pier and other Marchelos businesses…for July 4th/the pier parking lot/ the Pier lease etc/ special events….Marc Furth is front and center with his #1 BFF McIntee which leaves him in the position of being “fair game” for comment and commentary from the podium…local newspapers …or online posts….DOUBLE OUCH!…

And that’s a wrap… Ya big “HEEL”….

more to come……..

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