Peter Willard of Greater Bay and
former mayor, Jeff Clemens
former mayor, Jeff Clemens
Over two years ago on November 16, 2009, Greater Bay filed a suit against The City of Lake Worth. Prior to that the City had ended their contract and kicked them out of town for non-performance on our beach/casino. They then decided that they would pull a pit bull act. They wanted a big piece of whatever meat Lake Worth had on that bone. Afterall, this was a city government with deep pockets, or so they thought, and they had already jerked us around for quite some time. What difference would it make if they just kept on jerking?
Retha Lowe kept complaining that we had been talking about the beach/casino for 30 years and had never done anything. The City Commission at the time decided something was going to be done on their watch and had Vice Mayor Retha Lowe grab the contract out of the hands of Mayor Marc Drautz. They only listened to their supporters who packed the chamber (some were ugly). The rest of the citizens they ignored. No one on the commission had read the Contract. Lowe signed it and that was the start of three law suits including a petition drive by the citizens to reverse the mess. Anarchy on the dais caused the problems that we see today encouraged by some of the very same people who cry out now about "anarchists."
I do not have up-to-date legal costs on this suit however in February 2011, the costs for outside council were $224,523.94. Citizens don't get to know these important details. Attorneys have a way of dragging things out. Brian B. Joslyn is our attorney on the matter and he is a partner with one of the most highly respected law firms, Casey Ciklin Lubitz Martens and O'Connell in West Palm Beach. The firm used to have the name Boose but they dropped that after William Boose went to prison. It seems like it was just yesterday. He was involved with former County Commissioner Tony Masilotti in illicit multi-million dollar land deals. Both are now out of the slammer.
Joslyn was also the attorney that the City of Lake Worth hired to sue the petitioners on August 21, 2007 of We Love Lake Worth Political Action Committee of which Commissioner McVoy was the President of the PAC. We Love Lake Worth, Inc. tied up the Greater Bay deal for the City's attempt to change our beach to a commercial zoning and allow a developer to grab our 19 acres of prime beachfront to develop a mall along with a parking garage. There was a citizens' law suit back then, McCauley/McNamara, against Greater Bay that stated it was not a 20 year lease but a 40 year lease. The WLLW case was dropped on June 23, 2009 after Greater Bay was relieved from its contract for non-performance. The private citizens' suit was dropped as well.
The only law suit still in effect is the Greater Bay vs. The City of Lake Worth. The attorneys have had a field day and now, two years later, the Court has decided that the Parties have reached a total impasse and that all issues require court action. We could have told them that over four years ago when we, the citizens, were all rallied to a just cause and understood our priorities in Lake Worth when the elected officials did not do their due diligence, did not listen to anyone but their inner sanctum.
Lake Worth is still getting slammed by the Greater Bay law suit that attorneys drag on and on for billable hours with Greater Bay hoping for some sort of a settlement or in their dreams, the whole enchilada. Now, it seems, there will be a jury trial. Greater Bay was wrong then. It is still wrong today but you just never know about juries and that is what they are counting on..
We have a new commission that has complained about the number of law suits involving the City. The vast majority have to do with code issues and foreclosures. Some have implied (as well as their supporters) that we should cave in and settle some suits before they get as far as the Greater Bay suit. I worry that they will put principle aside and create a whole new line item where anyone can come into Lake Worth and sue knowing they will get a settlement.
There are several pending cases, one of which is Sunset Drive Holdings, that says it has a Bert J. Harris claim. I worry that we will digress and become wimps for anyone who wants to file suit. The Vice Mayor has fought the Casino project and its financing since he became elected. He is only listening to his mentors. What next can we expect?
16 comments:
Your slant on history is always good for a laugh. Thanks
Lynn, I think you may have hit the nail on the head when you say:
"We Love Lake Worth, Inc. tied up the Greater Bay deal for the City's attempt to change our beach to a commercial zoning and allow a developer to grab our 19 acres of prime beachfront to develop a mall along with a parking garage. There was a citizens' law suit back then, McCauley/McNamara, against Greater Bay that stated it was not a 20 year lease but a 40 year lease. The WLLW case was dropped on June 23, 2009 after Greater Bay was relieved from its contract for non-performance. The private citizens' suit was dropped as well."
These lawsuits played right into GB's hand. They tied up the deal as you say. The real legal issue is than: did GB have to perform with these cases pending? If not, than ending the contract for non performance is a breach of contract on the part of the city. It appears that the answer to that question is not as cut and dry as our attorneys told us when they advised the commission to send GB packing. It is so sad that we are using the same firm that gave us this bad advice to defend us. As soon as the case was filed we should have retained new counsel to look over the work of the old attorneys.
If the people's lawsuits had not been filed GB would have had 60 days to get the financing. If they could not finance the deal, the City could have said bye bye and no lawsuit would have ever happened. We now know they would have had a very hard time getting financing.
Poor legal advice all around.
what bothers you more about the vice mayor:
the fact that vm didn’t see the beach as the number one priority for the city given the economic financial urgency declared by the city manager vs the need to focus on rebuilding neighborhoods, creating jobs and improving the overall local economic climate
or
the fact that the vm didn’t wish to use or gamble accumulated profits from the utility systems to front the project (excessive profits that the city never even considered returning to the customers during all the years of begging for relief from the high bills, and by the way, had it not been at the insistence of the vm, the modest electric rate reductions given this year would have never been discussed...it was the vm the made the big stink about the excessive profiteering by the utilities and pointed it out during budget discussions)
or
the fact that he wants to hold the city accountable for the city representations and insistence that the costs associated with creating or completing the project "would pay for itself" with no "taxpayer" moneys used (now remember everyone...it will cost only six million dollars!)
or
the fact that the vm said in the beginning, and all along, that the project was an 8 to 10 million dollar project and the administration and commission majority slammed, marginalized and dismissed the vm every time he opened his mouth and dared to ask direct questions about the costs
or
the fact that the vm pointed out during the beach financing plan discussions that the new tenants would have to be credit worthy, have extended hours of operation to remain profitable and that brand names and franchises where to be part of the mix ( what did we get? some of the existing tenants are not credit worthy, and the hours of operation and concepts of brand names (Johnny longboat type) etc was poo-pooed as soon as potential new tenants were brought to the table)
or
that when the revelation that the administration failed to tell the commission that parking lot lights were not included in the project and that the initial estimate of 2 million dollars was talked about, nobody even acknowledged it except the vm..every member of the commission and administration acted as if they never heard a word the vm said
or
now that the real costs are beginning to surface, the vm’s absolute insistence that all associated costs need to be paid for with beach revenues (rents, parking etc)so that the taxpayer and the utility payers will not have to pay "a nickel" toward the project as it was presented by those who wanted the project so bad!)
or
that given that virtually every one of the representations made to "sell" the casino project has not been honored (it was to save john g's, keep existing tenants, pay market rents, rehabilitate a historic building, it's only six million dollars, no more city subsidization of private business interests, etc, etc.) the vm wants to simply make the project come in as close as possible to what was advertised by the commissioners who pushed so hard for the project
or
the fact the vm made the motion to move with morganti and on the casino and said "no more than six million, right?" & on the beach project "no more than 5 million, right?"
or
maybe because the vm only ever asked for the truth and transparency and rarely if ever got either
maybe you are right...this guy sounds like a real lousy human being
First poster--That's why there are two sides to the story--the "right" side and the "wrong" side. It seems as if you would like to see the City lose. I do think that would be a thrill for some who have the "I have to be always right" syndrome.
Second--Anything would have played into GB's hands. They wanted the control of our 19 acres. They had over a year to get their act together They didn't. In fact, they did NOTHING but fix our pool and that was a disaster.
Third--thanks for all the facts on the VM. He's a wonderful guy. Yes, I do recall him saying that the beach would cost us several millions more. He keeps blaming that on the Casino and bundling the two projects into one. Everytime he met with one of those contractors over the past 2 years, why didn't he inform the people of project costs unknown to us? I don't recall him ever mentioning that at a commission meeting. All he did was complain about the casino financing plan that was brought to the table by the Finance Advisory Board, scrutinized by the city Finance Department that ensured all of us that it was a good plan.
just because the fab board and finace dept said it was okay, doesnt make it so...
here is a thought, if the commission(ers) should be bound to take staff recommendations all the time...then why do we need commissioners?
As stated, the Commission only sets POLICY. We want to be a gay friendly city. We want a walk-about city. That sort of idea.
The administration, on the other hand, are the professionals. They administer. They actually perform and implement the plan. They set a budget and a Commission says yes or no. They present a tax millage based on revenue and expenditure projections and the Commission says yes or no. The City Commission is not qualified to run a city and all the departments and their functions. If they think they should be running City Hall, then they need a Charter amendment and change our form of government.
The commission is NOT bound to take staff recommendations all of the time but they had better have another plan and some good reasons. They had NO reason when the fired the CM.
Seems to me the people at blame here at the ones that filed the frivolous lawsuits, and the best commission ever that broke a contract against the city administration professionals you boast about advice. Why didn't the best commission ever listen to them then?
LOL--that's a good one.
It seems to me that YOU don't know what you are talking about. Go talk to Wes.
The Commission voted on Greater Bay--not city staff.
the fact that vm didn’t see the beach as the number one priority for the city given the economic financial urgency declared by the city manager vs the need to focus on rebuilding neighborhoods, creating jobs and improving the overall local economic climate
WHAT A BUNCH OF CROCK!
Paul Boyer told the commission back then not to go with Greater Bay. They didn't listen. It was a terrible contract.
No, it was a terrible Commission.
They thought they knew best and even if we were to give them the benefit of any doubt and they were not arrogant, then they were being jerked around by their supporters and all those they were beholding to.
Even Pugh got into the deal with our pool. Now the CRA just bought Pugh's property last year on 6th Ave. We can't get away from the incest. The PB Post was right.
The Finance Advisory Board NEVER recommended reconstruction of our only revenue generating project!OUR 1921 Lake Worth Casino on Palm Beach Island! When and how was this recommended? What method of finance? None of the members knew anything about our City,which would put them in the position to make such far reaching suggestion, connected with that future project.Financing without 30 year $15,000,000 Debt for 1 mile road rehab, like the CRA saddled us with,
was found by Susan Stanton, not by the political platform called Finance Advisory Board, which I was not allowed to participate in, as it would show their ignorance of our City's issue solutions I have.. Susan Mulvehill ,afer 10 years urging by us McNamaras, got 3 Commission votes to start the project.I represent only the TRUTH.
I was attended their social pow wows, and got bored,like Jennifer Marchal,who left the political platform of Plotkin, with its' non productivity.They cost us electricity use for their useless gatherings.
Dee McNamara,
proponent of the TRUTH,based on knowledge of facts!
The VM doesn't understand that he must create revenue(his job) to rebuild our City.Reconstruction of our Casino, is the only project that thusfar can do that.That one he has consistently sabotaged from the dais.He wants Lake Worth, to go bankrupt he is against any revenue creating project,he knows nothing about..His delusional ideas,rebuilding without money to pay for it, are based on ignorance of Municipal management, which Susan Stanton had 18 yaers of.
Her efficient and professional handling of City business showed the commission up as ignorant.
Therefore, she had to go,was crudely(lack of manners) fired!
That Commission should have given her direction(it's job), which it is incapable of ,due to ignorance of our City history of issues and pre- Susan Stanton mismanagement results,and outrageous lack of rules, waste of money.
Dee McNamara,
21 year lake Worth property restoratrice and taxpayer,
careful observer of City Administration and any misconduct.
Wes seems to be the only man in this city that knows what's up. Didn't he lose a couple of times when he ran for office?
Yes it's because he's one of the few that know what's really up that he couldn't get elected. Joann Golden? Really?
Golden was likeable and honest.
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