Showing posts with label Greater Bay. Show all posts
Showing posts with label Greater Bay. Show all posts

Friday, May 29, 2015

Keep Lake Worth public spaces Green

Comment Up

Letters to the Editor
Palm Beach Post
May 29, 2015

Keep Lake Worth’s public spaces green

Hudson Holdings is like Greater Bay, a company that also tried, through “local government,” to take Lake Worth’s public beach property but failed — due to the citizens of the city standing up and saying “no.”

When will shortsighted politicians realize that government is not a business enterprise? And that public green space is a source of wealth for the city and should not be sold for the profit of a few?

Lake Worth has what many other cities in South Florida had: open green space on the Intracoastal Waterway and a beautiful beach for all to enjoy. We should be expanding green space, not selling it off.

So once again, people of Lake Worth, let’s send the message to our politicians: “Hands off our beach” and “no” to private development of our public spaces.

JAMES THOMSON
LAKE WORTH

Note:  When Mr. Thompson refers to "selling" he is actually referring to handing over control of our casino/complex property up to a possible 99 years on a lease with options.  That is the same thing as "selling." Also, the only reasons that Greater Bay failed to gain control of our beach besides public protest, was the McCauley/McNamara lawsuit and a change in the commission. It is disgusting that the people of this city have to watch its government this closely in order to save our assets.

Friday, March 27, 2015

Quote of the day - Scott Maxwell

Comment Up

  • We're going to set this new commission off on the right foot.
  • We're going to tell the truth when we sit up here.
  • We're not going to distort reality.
  • We're not going to massage what you think your version of  history was.

all the while raising his voice and pointing his finger at Commissioners McVoy and Maier regarding Maier's request to cancel the Invitation to Negotiate that was set up originally by city manager Michael Bornstein without it coming to the Commission or agreed to in the Sunshine. The mayor referred to it as "secret." And that's the problem. For the Vice Mayor to constantly be disrespectful, not only to  these two commissioners but the public as well by accusing them of being racists and liars, is outrageous.

Even former commissioner John Szerdi who suffered a resounding defeat only winning 37.39%, weighed in asking why the pool was not part of the original project.  He was not at the meeting in the city chamber the day that city manager Paul Boyer negotiated our pool away over lunch to Greater Bay. Originally, Paul Boyer recommended that we NOT contract with Greater Bay but the arrogant commission in place back then did not listen. Retha Lowe signed the contract as she was sick and tired of that "football" being kicked around for 30 years. (Sick and Tired is an expression used by Lowe and now adopted by Maxwell).

Tuesday night, Szerdi was rude to Commissioner Maier and still visibly upset about losing his election. He compared Maier to a Cheshire cat saying that the rumor regarding our beach and Hudson Holdings was being "spread by the Cheshire."  He doesn't understand why he lost. And Scott Maxwell has no clue as to whom is lying and who is not.

The Commission voted to put Maier's request to cancel the ITN on the Agenda. The vote was 3/2 with Triolo and Amoroso dissenting. No public discussion regarding our casino complex was going to be allowed by those two. The public had their 2 minutes to weigh-in  (most did not know about this inclusion or even if it would be approved to add to the agenda) and they will have it at some publicly noticed meeting in the future before the commission decides the fate of our casino or approves of any expansion by John Szerdi's employer, Hudson Holdings. 

Thursday, February 26, 2015

One step forward; Two steps back

Comment Up

No this isn't a soft shoe shuffle dance move.  It's a heel to butt kick; it feels like Greater Bay all over again. The City of Lake Worth is complicit, working behind the backs of its citizens to get rid of our beach because they have no one capable to manage it or maintain it, so they say.  Can we get new staff please?  Is this going to be another law suit down the road? The good citizens of this great little city always are taking one step forward but commissions, especially this one, always ensure that the one step results in two steps back.

The pool bottom was filthy on Monday evening

The city is entertaining a plan to give a long-term lease to a company that will, once again, change our beach park forever and possibly shut down our pool and cement it in. Who knows as it was all out of the Sunshine other than for 30 or so people who attended their "by invitation only" meeting. It's time for the Friends of the Lake Worth Pool to revive itself and get active.


Yesterday, Hudson Holdings, the company that John Szerdi is affiliated with and must recuse himself on any decision affecting the city by them, had a meeting at the Glasshouse in the Bryant Park neighborhood adjacent to their Gulfstream Hotel. They told the invitees (all property owners of the Gulfstream Condo Association), their plans going forward:  a parking garage and a 65 foot addition to the hotel and them possibly getting their own private parking space and membership to the new Beach Club they will be building at the beach depending on the city's decision.  They are not the least bit worried about the referendum the people won at the polls to keep it at 45 feet.

They also talked about our casino/pool property and from the sounds of it, Lake Worth is about ready to negotiate a long-term lease with them.  Fifteen people attended the Negotiation Committee meeting on November 4, 2014. We, as citizens, have not yet been told about this out of the Sunshine negotiation. As I previously reported, our city attorney, Christy Goddeau is not allowing any information out on this to the public to how many entities replied to the ITN or what's going on.  But Hudson Holdings is an exception? Now you have to wonder if it has anything to do with their strong connection to John Szerdi.  Hudson can invite all owners in that condo but no one else can know anything?

The City issued the ITN in September 2014 and received the initial replies.  Attached are the minutes for the public meeting held on 11.4.2014 to discuss the next steps in the process pursuant to the ITN. Since that time, the Negotiations Team has been having meetings and reviewing the replies.  The meetings and replies are exempt from the Public Records laws and the Sunshine Law at this time (see section 286.0113(2)(b) and 119.071(1)(b)(2), Florida Statutes).

Didn't we just spend $13 million at our beach? Even though our beach and casino had a major overhaul, the city wants to incur another public/private partnership it seems.  Getting rid of the responsibility is easier than doing the job yourself. Where have we heard that before?  I guess it enjoys lawsuits.

The city is seeking the following:
Casino Beach Complex Expansion

Notes from an Atendee at the Hudson Holdings meeting regarding our beach:
Participating in ITN
per Steve Michael of Hudson Holdings:
“[Hudson Holdings is ] participating in the ITN [Invitation to Negotiate – regarding development and management at the Lake Worth Beach]”
“Pertains to the land to the south of the casino”
“A 1 acre parcel of land”
“Our plan is to build a beautiful Beach Club and Conference Center”
“Membership [would be available to 15 S Golfview Residents]”
“A great amenity [for residents of 15 S Golfview, and others?]”
“We try to bring value to the community”
 “[It (the property next to the Gulfstream) will be] a parking garage integrated into a very high end hotel”
“Beachfront acre and a half [parcel]"
"It would be a long-term ground lease"
"We would put close to $30M into the beach"
"20,000 sq. ft. of conference space"
"The ITN is directing the second hotel" [at the Gulfstream]
"We've been working on this for 6 months"
"We're trying to do it as fast as possible"

Hudson says they will build 20,000 sq. ft. of conference space.  This drawing is to show you how big that would be.

Wednesday, February 25, 2015

Paul Boyer, former city manager Lake Worth

Paul Boyer
 Former city manager of Lake Worth
I don't remember him ever smiling when he sat on the dais here

I was in the city commission chamber the night Nadine Burns made a motion to fire Paul Boyer.  It was  shocking as the commission made him sit there until Midnight before they fired him. The City Commission did not listen to him when he said not to go with Greater Bay. They did it anyway. Paul Boyer could not persuade any of them to come in out of the rain and he was manager for the worst city commission ever. So what happened? He went along with the politics. He went along with it so well that he gave away our pool as part of the Greater Bay deal. Everything ended up in lawsuits.

It seems from this article that Mr. Boyer retired from Columbia, Tennessee in 2012, a city with more pre-civil war homes than any other county in the state. He had five successful years there as city manager. No beautiful 19 acres of valuable beach property there that flim flam artists wanted.

I got to thinking about him as I listened to the mayor last night and the cheerleader speech that she does so well.  She talked about POTENTIAL. We had so much of it back in Mr. Boyer's time too. The big difference with then and now is, we had lot's of money.

Wednesday, February 4, 2015

Today at Lake Worth beach


Note the pool is covered as it is heated. Beats that bubble wrap that we got from Peter Willard and Greater Bay who screwed us out of a bundle at the pool not to mention the $1.6 million this commission gave to them in order to get them out of our hair.

Tuesday, September 23, 2014

Casey, Ciklin, was it the Culture?

Comment Up

The facts

Boose, Casey, Ciklin, Lubitz, Martens, O’Connell was the law firm we originally hired to help negotiate the Greater Bay contract, a contract that was signed by former Vice Mayor Retha Lowe when it was ripped out of the hands of the then mayor Marc Drautz in November 2006.  The following year, William Boose, a partner  at Casey Ciklin, went to prison, involved in the Masilotti scandal that put Masilotti in federal prison. The firm dropped the name of Boose.

Long time partner, Patrick Casey who helped start his firm in 1985, retired in 2012 and the firm immediately dropped the name Casey from the masthead. The firm did not honor his retirement benefits and he had to sue them in the amount of $511,200 and his share of the firm. Even the judge on the case said that managing partner Alan Ciklin's  testimony and credibility were questionable. Patrick Casey was just awarded $2.2 million and the firm is going to appeal. The judgment also affects every partner individually.

It came out during the trial that Casey, Ciklin had two sets of balance sheets dated October 31, 2012, the very day that Patrick Casey retired.  The Judge said that the evidence regarding another partner in the firm, Richard Martens, was a "charade being played out in order to manipulate a matter pending in the Family Division of this Court."

So, if a firm treats its founder this way and covers up for another partner in trying to eliminate alimony payments, and helped a former county commissioner hide profits from a land deal, you can't help but ask the question, "what else is or has been going on there throughout these 30 years?"  Is this the culture? You have to ask yourself, have all of their clients been represented fairly?

One of the partners, Brian 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 Chair. We Love Lake Worth, Inc. and its supporters were against 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 plus year lease as the development agreement had no time period where  performance was demanded. They could have tied up our beach for 100 years and our own attorneys missed this important factor. 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.

Casey, Ciklin represented the City of Lake Worth. They helped to negotiate the unfavorable Greater Bay contract and then after Greater Bay stalled for years and did nothing, they became our lawyers after the contract was terminated by the City Commission for non-performance. Who better to hire than the firm that actually helped draw up the original deal?  Brian Joslyn was then again appointed our "counsel," who helped drag out the case over three years and cost us $900,000 in legal fees just to end up recommending that we settle with Peter Willard and group (Greater Bay) for $1.6  million dollars. 

Joslyn put on some "mock" trials regarding Greater Bay. It never was mentioned in that public settlement meeting that he was arguing for Greater Bay during those "pretend" trials. Joslyn, the lawyer who was supposedly on our side, said that we "could have" lost millions more because he conducted four mock juries that "said so," a mockery in itself. This was all confirmed by Scott Maxwell. This majority commission that aligns itself with the original commission that got us into all of this costly predicament (other than Szerdi who was not yet elected and Christopher McVoy who was against Greater Bay) fell for the settlement deal, hook, line and "stinker."

Aside from this settle at all costs culture that we have at City Hall (suing its citizens is an exception), we put our faith and money in this firm and it cost us a bundle. Casey, Ciklin has been/is one of the most prominent long-time firms in Palm Beach County and now it's going to cost all of them with their prominent name dragged through the courts.

Friday, April 25, 2014

OPM - It's easy to spend other people's money

Comment Up

It's easy to spend other people's money (OPM). City Manager Michael Bornstein is recommending that the city hire a project manager for the $78 million ($60 million perhaps on a general obligation bond plus $16-18 million in cash) for the 2020 Infrastructure program at $415,000 a year for 5 years or $2,075,000! On top of that, the city will be hiring more staff at $380,000 a year or another $1,900,000.  We have no idea whether this is for five years, whether it includes benefits, etc.  So, the city is talking about $4 million plus for project management for possibly 5 years. Imagine that...the 2nd poorest city in Palm Beach County and we will be DEAD BROKE and in big debt.

When I think of project managers I remember the fiasco at our pool. If you recall, back in 2006, Cara Jennings and Mark Drautz were the only officials who voted NO to a lease with Greater Bay to take over our entire 19 acre beach property with Lowe, Burns and Vespo voting YES.

Later,  Greater Bay was allowed to get back on our beach park property after non-performance and constant stalls. Cara Jennings was the only one who voted NO to allow Greater Bay to continue on and refurbish the pool. On February 8, 2008 and on a 4 to 1 vote with Commissioner Cara Jennings dissenting, the Commission voted for Amendment 1 to the Greater Bay Contract allowing them to proceed with repairs to our pool. Mayor Clemens, Commissioners Lowe, Golden and Vespo voted YEA. Karns, the city attorney who had been fired by the Burns commission, previously had given  legal advice against allowing them back on the property.

 I have always believed that this action was the catalyst for Greater Bay to pursue a lawsuit on November 9, 2009, for if we were really serious in our charge of non-performance, we would never have allowed them back on the beach. Corey O'Gorman, former Director of the CRA, was hired as project manager and unfortunately the pool turned out to be a mess in spite of paying him and his firm $200,000 plus for oversight..

Our pool repairs originally were to cost $391,000. Before too long, the cost jumped up to $424,826. As everyone now knows--

  • the pavers sunk because sand was not packed correctly
  • an incorrect sized pool pump was installed
  • inferior materials used and the pool pump house was unsafe
  • the pool eventually had to be closed
  • Starting blocks installed incorrectly. Can't attract swim meets.
  • Two diving boards in contract; 1 meter and a 3 meter-- only one used 1m board installed.
  • Pool covers used to retain heat were made for residential pool--won't work on a competitive pool as they are too lightweight and will also blow off in a strong wind. We had to contract with Lincoln Equipment for a new pool cover because what we paid for was inferior in every way.
  • Heater not connected.

  • You get the drift?  Even after hiring a project manager, all this incompetence happened. Prevailing politics at the time even extended O'Gorman's contract (the commission loved the CRA, his former affiliate). Greater Bay couldn't even handle pool repairs and the city with all its good intentions, did not get its money's worth.

    There are certainly no guarantees with a project manager although I agree that we should have oversight on a project of this magnitude with experts on the job--a project that will use up all our cash reserves and literally put a debt noose around our necks. If you think you can trust the government to do the right thing, ask the Indians.

    Wednesday, January 1, 2014

    Top Lake Worth "Razzies" for 2013

    Comment Up

    Following are my top favorites on decisions by the Lake Worth Commission--some driven by lofty political goals or simply believing that development is the answer to all our ills--perhaps just a desire to go down in the history book as the "visionary" commission that finally "fixed" Lake Worth--

    The Lake Worth Razzie Awards for 2013--

    Heights Amendment
    The developer backed commission fought the Heights Referendum and directed the city attorney to find a way  to overturn the March 2013 vote that was won by the people to keep our downtown a low-rise city of no more than 4 story buildings east of Dixie and 3 stories west of Dixie. They pulled every trick in the book to defeat the Referendum with their final bogus ploy saying is was all about a hotel. Whether what they did will legally stand will be decided by the Court.

    Electric Utility
    Voted in a 5 year plan on an Ordinance weaning us off the city's dependency on the Electric Utility. They want to lower electric rates and feel that our high rates have deterred business. This is funding we need to stay afloat and to operate our city (anywhere from $6 million to $9 million a year). They made it a super-majority vote from the dais in order for any future commission to over-turn it. Selling the Utility is still on their minds. According to the city and the mayor, we are the poorest city next to BelleGlade and they voted to reduce our operating budget by millions. Our Uncontrollable costs are $20,769,790 or 69.49% of our budget.  Controllable costs are $8,863,638 or 29.66% of budget...do the math...there will be few funds left to operate the city if their vision is fully implemented, unless, of course, property values sky-rocket.

    Greater Bay
    Bad and inferior advice from their outside attorney who "played" them for years racking up legal fees, coupled with their fear of losing (a seed planted by our legal eagles), they settled with the flim-flam man for $1.6 MILLION dollars...blaming their decision on everyone but themselves and Greater Bay. Scott Maxwell and Pam Triolo wanted to get "to the bottom of the Greater Bay lawsuit" and what got us to this $1.6 million settlement to get them off our beach for non-performance.  Maxwell was outraged and went political" and even called for a public workshop. Good thing for them that idea died.

    Road Infrastructure and Give-Aways of public buildings
    Wanting to repair or repave 50% of the roads in Lake Worth and wanting the taxpayers to pay for it all plus the infrastructure at the Park of Commerce to attract development, the commission has talked about a General Obligation bond to finance this vision.  Millions has been discussed on the renovation of city buildings. The Palm Beach Post reported it could be a 100 million dollar dream. There has been little talk about this lately and it will probably wait until after this March election.  They have to raise capital because with their reduction in electric revenue, it will leave us millions short to operate. Raising taxes, especially an amount this large and for a long term, is not a good idea for any politician. The city can't account for all of the last Bond money and where and how it was spent. We still owe $56.8 million that was refinanced in 2013. They have decided that Lake Worth will be an artists destination, attracting more starving artists competing against each other for that precious dollar. And they are giving away city buildings for that end.

    Code Enforcement
    With everyone screaming about slum, blight and crime, the commission listened to its new internal auditor and his report on our code department-- heads rolled. After just passing 20 or so ordinances that finally gave the department some clout to do their jobs, they decided to outsource it. Then all of a sudden, they changed their minds.  It will be in-house after all. As it turns out, they don't have enough staff to enforce the laws. One of the areas they are supposed to enforce involves Illegal flags, banners, streamers and signs. We know how that one went during the March height election. Look for illegal banners on the Gulfstream or other places to happen again, when convenient, by the development at any cost crowd.

    Wednesday, June 19, 2013

    Last Night's Commission Meeting

    Comment Up
    decay and neglect--our legacy after 100 years?
    NO--it is a broken pump

    Green algae will usually rear its ugly head immediately following a hazy condition in the water from a lack of proper filtration and/or sanitation and in Lake Worth's case, a pump broke causing all the green, slimy stuff. Now the city is scurrying around hunting up the money to buy a new pump, I think.

    The main item on the agenda was the approval of the 3 story, 216 rental units on Boutwell and Lake Worth Roads. I can agree with Commissioner Szerdi that it is a good location for them--west of town and not a NIMBY situation, although the traffic congestion will be tremendous in spite of the contractor's traffic projections. I disagree that competition will indirectly force rental home owners to improve their properties. Slums are slums and slum landowners don't change.

    Yesterday the developer/contractor gave me renter estimated target incomes of between $60 and $80 thousand a year but the back-up says the targets are $36 to $48 thousand a year. This is affordable housing even if Scott Maxwell says it isn't. He doesn't want to understand the lack of distinction of affordable and workforce housing.

    All Realtors are giddy with anticipation (usually you get a 10% commission on rentals), particularly the real estate agent who sits in the front row. She was even allowed to make personal attacks and mock me when she spoke at the lectern. Civility is subjective with this commission and discarded when she speaks. She had announced earlier that she will not be reapplying to the Historical Planning board; her term ends this month. Perhaps we won't have to see any more Venus Cafes pulling a fast one (she recommended that they be allowed to have a COP license and once they got it, closed their doors and the place has gone to blight on Lake Avenue) or we might be less likely to see a monstrous home being approved on N. Lakeside Drive being built right next door to a small cottage. She finally sat down and called me "evil" again, one of her favorites. One thing that is not confusing for her is her lack of politeness...she thinks she is still attacking me on my blog anonymously.

    My only point, which the Mayor chose to miss as well as our favorite Realtor, is approving seven buildings without knowing or caring what any other completed project from this contractor/developer looks like today. Many times affordable rental projects attract the undesirable or they go to seed. I asked if they did any D&D or had seen any other developments by this contractor..no one answered the questions.  If you are building a home, before contracting with a builder, you usually visit other houses to visually inspect his work...normal operational procedure.

    As you only are given 2 minutes to make a point, my comparison of this project to Greater Bay was not an apples to apples comparison but it was only to point out the lack of due diligence on GB and how it negatively impacted our community. In fact, the vice mayor was highly annoyed that anyone with a different opinion could have the nerve to even raise a question. He threatened to walk out of the meeting if anyone else on the dais had anything "negative" to say about it. He did not want to hear Commissioner McVoy or any point he had to make and was shockingly discourteous. He then called the question to stop the debate. The bully dais continues and their friends are allowed to be obnoxiously rude at the lectern..

    These buildings, once built, are here to stay. We will have to live with them for at least 40-50 years. No one can say that this project will be a positive effect in our western neighborhood. The commission is flooding the city with affordable housing and more rentals when their goal has always been more home ownership believing that is the only way to raise the city from the slum and blight.

    Everything is expendable when you have such a strong desire to develop the Park of Commerce at any cost (Maxwell's catalyst) and fulfill campaign promises--or you are looking at a tax base of an estimated $145,000 a year that will be totally diminished by the cost of services.

    Friday, April 26, 2013

    Clearing up Lake Worth Political Myths

    Comment Up

    Most of us believe in giving credit where it is due. But some play the blame game or just simply do not understand the facts when it comes to the subject of  robbing our Reserves to the tune of $9 to $12 million, attributing it to "the previous commission." This is a totally false declaration.

    Those who say this tell the tale that it was this last commission that totally screwed up our city, meaning Suzanne Mulvehill and Jo-Ann Golden, and even if the allegation was remotely true, which it is not, they are only two votes. It takes three votes to royally screw up and make a difference. Now the story is that this present commission is cleaning it all up.

    Well, I have news for you. If you want to put the blame on a commission, which I think is unfair to begin with because the commission must rely on the city manager and city attorney giving them the facts and guiding them correctly, then the blame goes to the Commission elected in March 2006 and the majority commissioners who were on the dais at that time:  Vespo, Burns and Lowe. Their first huge and costly mistake in 2006 was later that year, signing over our beach property to a flim flam artist (who NEVER performed and a company that they NEVER vetted) because Lowe (who signed the deal) and the rest of the majority were tired of kicking the football on the beach for another 30 years and wanted something finally done.

    In the Fall of 2006, the budget for 2007 was formulated and agreed. We broke even in 2007. The following budget year, 2008, we spent more than we took in but all the plans and contracts were formulated and laid for the future.  At that time we had a city manager, Bob Baldwin, who made a bundle and was never here--he didn't even live in the city. This was against our Charter but was allowed by the Commission with Retha saying he was a "great guy."  In the 2008/2009 budget year, we had spent 9 million more than we brought in and dipped (big-time) into reserves.  Our Union costs were out of control--still are. The Utility was called the "black-hole" as revenue and expenses never could be tracked. Line items were moved, erased or disappeared. Money was gone too. Mark Bates was then the finance director.  In those days there was usually 10 to 14 items on Consent Agenda. At least you were allowed to pull them for discussion. We are now reverting to the same practice of putting everything possible on Consent.

    We then hired a new city manager, Susan Stanton, in April 2009 and during her first year, she cleaned house. The city, once again, got in the black with a surplus of $843,000 after her first year. The next year was even better than that. The trend continued with budget cuts and delaying some capital improvements and at the end of the 2012 budget cycle, we had $3.8 million to the good. In 2013 we are back in the Red and the projection for 2014 is Red.

    The bottom line here, we are as good as the management team we hire. Commissioners will always have their personal agendas but commissions have to get all the correct facts and must be guided. They need to read and understand everything that comes before them and question everything. City managers must stay out of politics. We must have an excellent internal auditor watching over the entire enterprise. We can't continue to spend more money than we bring in. Trust but verify.

    Note:  If anyone has something that does not agree with my timeline of events, get in touch.




    Wednesday, March 20, 2013

    Last Night's City Commission Meeting

    Comment Up

    With one of the shortest meetings in history, last night the commission agenda was lead by the Vice Mayor Pro-Tem, Andy Amoroso, who did a good job, for the most part, until he allowed the hecklers to take over during my public commentary. The Mayor had some family emergency and the Vice Mayor was in Tallahassee on what was described as "Lake Worth business."  We will never know what that business is as this commission voted not to tell the public how they spend their travel budget. They never have given reports anyway--not once.

    Meetings just get shorter and shorter. Before long they could eliminate them all together. I still want to know what is being decided out of the Sunshine.  Last night's agenda had seven items on Consent that are just voted on by the commission without public discussion. The Southern Waste Systems roll-off container contract was pulled off the agenda...no explanation from anyone.  Don't be surprised when it is discussed down the road and all commissioners will agree that this company deserves to have a contract in Lake Worth for being a good neighbor even if they did leave our landfill a wreck and uninhabitable and a lot of sick people in the Osborne community--even if they have been charged with illegal activities in the past. It's like believing that a pedophile has now gone straight.  Garbage is a smelly business.

    The developer side in this city has always been in the wings ever since I started attending Lake Worth Democratic Club meetings in the 1990's.  Years ago, it was our beach they wanted to hand over to a developer for a hotel, Anthony Pugliese.  Later, there was another beach plan referred to as the "Webber Plan' for Bruce Webber that never got off the table for $10 million.  Later there was a Shwab Twitty Plan that went out on a vote of the people in 2002 as the commission wanted to tie us up on a general obligation bond in the tune of $19 million that had NO cap.  By the time it got all through, the cost could have been double.  The voters gave a RESOUNDING NO along with Scott Maxwell, then commissioner in District 1. Later came Greater Bay that resulted in a few law suits with a commission that was going to allow Greater Bay tie up our property for 40 years as one law suit suggested.  The people had no say in this. The commission and developer side in this city nearly got away with that one. It has been a battle ever since.

    Changing zoning or even changing heights can, and often does, make a property more valuable depending upon its location. It's always about the money. Even when the owner of the Gulfstream was granted every waiver he asked, the owner still never performed and we have been left with an empty hotel ever since.

    Commissioner Szerdi said last night that so many people were confused about the height amendment and that some even thought that there would be development of 100 foot buildings next to their residences. If someone actually thought that, it was 100% due to the the mailer that the NO people sent to the voters. No one is confused, Commissioner and if they are, you need to ask the Friends of the Gulfstream with whom you campaigned that sent out a mailer showing 100' and 65' surrounding the downtown, calling the YES amendment "more bad planning." You need to explain the banner that was erected on The Gulfstream with many voters confused by you that the YES folks wanted to tear down the historic building. You need to have them send out a mailer of apology to all the voters. And you need to apologize as well.

    Wednesday, February 6, 2013

    $1.6 million is not enough for Greater Bay

    Comment Up
    Click to read

    Peter Willard has written a letter to the commission demanding an apology--

    Well, of course it wasn't enough for Greater Bay..they originally said that they wanted $40 million--and the joke went on for 3 years with mounting legal bills. Peter Willard, after getting a settlement of $1.6 million for NEVER PERFORMING AT OUR BEACH, now WANTS AN APOLOGY FROM COMMISSIONER MCVOY FOR CALLING HIM a "con-man." Geez. Was there anything in the settlement agreement that mentioned that commissioners can't have the freedom of speech, or for that matter, tell the truth?

    Monday, January 21, 2013

    Chickens in Rochester, New York?

    And for some more Crap--

    One thing for sure, Peter Willard is no chicken. Another thing for sure is, he knows how to deal with chickens and win.

    Thanks to a generous but very scared commission,  Peter Willard is probably sitting around his breakfast nook reading the Rochester blog and counting all of that windfall he just got from the citizens of Lake Worth. He just might be able to enter into the discussion on chickens in his backyard. He knows a lot about fertilizer. It seems that someone from the Rockville.com thinks having chickens in your backyard are a good idea for food and fertilizer.

    Read more...

    Friday, January 11, 2013

    A Snowball in Hell - The Greater Bay Fiasco

    Comment Up

    It's very disgusting to sit down at my dining table, open up the Palm Beach Post and read a horrendous article such as I did today on the Greater Bay lawsuit...particularly when I think of Peter Willard laughing his ass off. Here we have outside counsel blaming his failure to do his job for Lake Worth, a job he took willingly and wanted from day-one.

    Greater Bay was to pay for and submit a site plan. They never did. They were to pay for all the financing. They never paid one dime for anything. All they did was stall and stall and eventually screwed up our pool when they finally did something.

    The Development Agreement had a provision that essentially said that all government zoning land-use approvals had to be in by June 30, 2007, and if they weren't, either side could terminate the contract within 15 days notice.  The City attempted to make a Comprehensive Plan change but it was challenged by Tallahassee.

    The McCauley/McNamara law suit challenged the Lease agreement of 20 years minus a day plus a sub-lease of 20 years minus a day and a development period with NO time limit or cap.  The Court agreed the suit had merit. The City knew that the charges in the suit were correct and went ahead and made an amendment to the Lease Agreement with Greater Bay. That suit was not dropped until Greater Bay was off the beach and rightfully so. Citizens formed a PAC to preserve the beach as Public Recreation and Open Space and to keep it from becoming more commercial. There was to be a referendum and the signatures on all petitions were certified as the citizens believed that they had a right to vote on what happened at their beach. Then the City, bending over backwards for Greater Bay, sued the PAC. The PAC, much to my dismay, bowed out of the process because of politics, not the threat of a law suit. Our outside counsel, Brian Joslyn, was behind that.

    Joslyn says that there were several  beach redevelopment plans over the past 20 years that had fallen apart for one reason or another. To straighten out that perception, there was a plan for a General Obligation bond, pushed by then mayor Rodney Romano, of $19 million to redevelop our beach in 2002. That failed overwhelmingly at the polls. The residents did not want to be obligated for that much money. No other suggestion for the beach got off the ground.  Then Greater Bay answered the RFQ and presented a public/private partnership that would have tied up our beach for years with the city making no money other than $500,000 a year that would not even have paid for the lifeguards and have caused the City an annual loss for 20 plus years.

    This was such a deal, that Greater Bay had no money, never had done a project of this magnitude, never got its bank financing and never even had opened up a bank account until years later when it was going to suit. Greater Bay charged that there was a government conspiracy to get rid of them from our beach even though they never performed, not once. People will say anything for a buck.

    The biggest problem with Greater Bay was when the commission agreed to allow them to renovate our Olympic Pool before the Grant money expired. This was the biggest mistake of the city--allowing Greater Bay to appear to be a hero. I believe that this was the turning point. City attorney Larry Karns, at the time, told them not to go ahead with GB; they did anyway.  If someone is not performing and jerking you around, you don't let them proceed on another aspect of a project.

    Now Scott Maxwell and Pam Triolo want to get "to the bottom of the Greater Bay lawsuit' and what got us to this $1.6 million settlement. What got us here, commissioner, was Lake Worth being too trusting; they never even did a background check on the principal, Peter Willard, and never even bothered to see first-hand one project that Greater Bay constructed. The main reason was trying to get something for nothing with a partnership with a company that was going to pay all of the bills.They naively believed the bull because they wanted to and because as Retha Lowe had always said, "We have been trying to do some thing with our beach for 30 years."

    It would be her legacy when this beach was finally renovated. She was one of the top reasons why we are where we are today as well as the rest of the majority commission (Vespo and  Burns) who went along with the insurrection--she initialed the contract without reading it, every single page of it, not the mayor, Marc Drautz. Of course no situation tests us more than the urge to get something for nothing. That's what happened here. Everyone is tempted by "something for nothing."  In this case, elected officials made a political decision to sign the contract without understanding it, without even reading it, and the snowball just kept rolling down the hill.

    With every bad thing that happens sometimes there is a silver lining.  In this case, the settlement is a good deal for Lake Worth considering we would have had a loss at our beach of several hundreds of thousands a year over 20 years while Peter Willard and Greater Bay originally wanted to sue us for $40 million, or make an estimated $2 million profit every year for 20 years. We are now in control of our beach, not them, and with good management, we will be making the money.

    Supposedly in February, Scott Maxwell, the most political commissioner who has ever held the office in Lake Worth, will have a public workshop to bring out all the reasons that he wants the citizens to believe as to what occurred here. This is being done to justify this commission handing over $1.6 million of our money to the biggest scam artist who ever hit town and of course, to "hit" his political opponents right between the eyes.  The sad part of this is that there will be a certain percentage of people who will believe the politics here and not the facts.

    It has been a snowball in hell that has not yet melted.

    Monday, January 7, 2013

    Lawyers are the Great Manipulators

    Comment Up


    Boose, Casey, Ciklin, Lubitz, Martens, O’Connell was the law firm we originally hired to help negotiate the Greater Bay contract, a contract that was signed under unusual circumstances (insurrection on the dais) in November 2006.  The following year, William Boose went to prison, involved in the Masilotti scandal that put Masilotti in federal prison as well. The firm dropped the name of Boose.

    Long time partner, Patrick Casey, retired last Fall and the firm dropped the name Casey from the masthead. Now Casey, founder of the firm, is suing his old firm over retirement benefits in the amount of $511,200 allegedly owed to him.

    Through all of their turmoil, the City of Lake Worth stood by the firm (they helped to negotiate the Greater Bay contract) and they represented us while and after breaking it. Brian Joslyn was our "counsel,"who helped drag out the case over three years and cost us several hundreds of thousands of dollars in legal fees just to end up recommending that we settle with Peter Willard and group (Greater Bay) for $1.6  million dollars. Willard obviously never had any intention of developing our beach because he never performed and was someone who had nine pages of judgments against him. Joslyn, the lawyer who was on our side, said that we "could have" lost millions more because he conducted four mock juries that "said so," a mockery in itself. The lawyer who was hired by us to represent the city never mentioned in that public settlement meeting that he was arguing for Greater Bay during those "pretend" trials, confirmed by Scott Maxwell.

    We can't afford all these legal fees with every Tom, Dick and Harry or nut case suing the City, that's a given.  However, when prudent in the future, shouldn't outside counsel be hired from a law firm that still has fire in the belly, one that will tell us the facts from inception and a law firm that has our best interests--still believing in winning rather than perhaps both sides dragging a case out and nothing is left but billable hours for 36 months? Lawyers are the great manipulators.

    Read about it.

    Wednesday, December 12, 2012

    Casey, Ciklin and its role in the Greater Bay lawsuit

    Comment Up
    Additional comments - setting it straight

    On July 27, 2006, the City Commission approved the Business Terms with the Greater Bay Group LLC for the beach redevelopment project. On October 23, 2006 at the recommendation of legal counsel and in accordance with the approved business terms, City staff and outside counsel from Boose, Casey Ciklin (Boose was dropped from the name of the firm after he went to prison involved in the Masilotti scandal) negotiated the three agreements.  Paul Boyer was the City Manager at the time and Anne Costello was our Finance Director. I have previously written about what happened to them. The majority commission of Lowe, Burns and Vespo were the only votes behind Greater Bay.

    Retha Lowe initialed the Contract and the Agreements were signed on November 21, 2006. At that point we were under Contract and the city, according to the Contract, was obligated to contribute $1,200,000 to the project, and funds from PB County and the FRDAP.  Casey, Ciklin, is the very same firm where Brian Joselyn is a member, the attorney the city hired to get us OUT of the agreements, an obviously curious choice.

    Both attorneys below were paid by the City to represent our interests and were present for the negotiations. Scott Maxwell was not there. While talking to Maxwell on the evening of December 10th, he insisted that no outside counsel helped negotiate anything relative to the contracts with Greater Bay Group LLC. In fact, most of his statements were highly charged with direct intimidation based on political innuendo. Maxwell is misrepresenting the facts to support his erroneous statements. Maxwell is grandstanding and making a political demand, insisting that all the facts come out in this case. It is too bad he didn't take a stand BEFORE the settlement and now wants to believe in mock juries where our attorney Joselyn represented Greater Bay, the guys who sued us. Education is a good thing, especially for Commissioners. Peter Timm does know what he's talking about.
    Bruce Alexander serves as Chairperson of the Firm's Construction Group. Mr. Alexander's practice is divided between serving as a Mediator and Arbitrator on construction related disputes and with the practice of law, including primarily construction litigation, lien law and document preparation.

    He is Florida Bar Board Certified in Construction Law, and has been certified by the Florida Supreme Court as a Circuit mediator. Mr. Alexander attended Fettes College in Edinburgh, Scotland.

    He was present for the Contract negotiations with Greater Bay.

    Having practiced law in Palm Beach County for more than 25 years, Bob Crane is a leading real estate and business practitioner experienced in all aspects of real estate law. With an emphasis on real estate acquisition, financing and development, condominiums and master planned community development, Mr. Crane has represented some of the country's largest homebuilders and developers.

    Mr. Crane holds an AV rating from Martindale-Hubbell. He is an approved title agent for Attorneys' Title.

    He was present for the Contract negotiations with Greater Bay.


    "Those who do not remember the past are condemned to repeat it." - George Santayana

    Monday, December 10, 2012

    Sun just keeps rising to new lows

    Comment Up

    Patti Hamilton, Exec V.P. and
    Charles Gusmano, founder and COO of Southern Waste Systems

    We have to know who we are partnering with...we found that out the hard way when we got involved with Greater Bay without doing any due diligence or even reading the Contract. Thanks to insurrection on the dais and Vice Mayor Retha Lowe signing the Greater Bay contract initialing every page of the Development Agreement, Ground Lease and Construction Contract, it caused  a series of events that led to a $1.6 million legal settlement. The Commission of Lowe, Burns and Vespo made a grave political and stupid mistake.

    But we also found out about Sun Recycling in one of those "deals" even though the city had been warned over and over again by this blogger as well as Lake Worth Media. It was reported to the then Public Works Director who later wanted to become our city manager after Stanton, to the City Manager and to the City Commission. We eventually kicked them out of town too but by that time it was a little late--our landfill was used as a dumping ground when Sun dumped over 6,000 truckloads of questionable construction material on it, some of which was 3.6 or 3.8 feet thick, hauling in material from south Florida construction sites.

    For a little background on Sun and Republic:  Back in June 2011, Recycling Today stated that "Southern Waste Systems (SWS), Lantana, Fla., was awarded, through a subcontract agreement with Republic Services, a five-year franchise to provide waste removal services in the city of Lauderhill, Fla. It allows Southern Waste to pick up garbage and bulk materials from 20,000 multi-family residential units within the city limits. In addition, SWS will provide the bulk pickup for 12,500 single-family homes and all commercial roll-off activity will be exclusive to SWS. The deal involves collaboration between Southern Waste Systems and Republic Services, who will be handling the residential and commercial portion of the contract. The contract began on July 1, 2011."

    In a news release back then, Charles Gusmano, president of SWS and Sun Recycling, said, “We are really excited about the partnership on this contract with Republic Services and to have city staff and commission support on the collaboration.” The contract will be handled by Sun Disposal, a division of Southern Waste Systems. Tony Badala, general manager of Sun Disposal, says, “It’s our intent to provide the same outstanding service to Lauderhill that’s enjoyed by the other customers and municipalities we service in Miami-Dade, Broward and Palm Beach counties.”

    Back in 2010, in spite of residents' protests as well as Cara Jennings speaking out against Sun, the PB County Commission voted 5 to 1 with Santamaria dissenting to give Sun an extension of its contract.  The Solid Waste Authority's Staff recommend only a 6 months permit but the County Commission didn't listen to them. The County gave them one year.

    Sun knows how to play the political game and continues to give campaign contributions to some in this city.  They say they are a good neighbor. Now Sun Recycling is back in the news because of its  partner, Republic, that was hired by the Solid Waste Authority and PB County to remove garbage in the unincorporated areas of the County. After an investigation by the Inspector General's office for diverting waste to a Broward County subsidiary to avoid the dumping fees here and then followed by an audit, they have been charged with over-billing nine commercial customers by $121,169.

    After Sun's contract was not renewed in Lake Worth, the city manager, Susan Stanton, insisted in her June 2010 letter to Mr. Gusmano that Sun's "improvements" to the property, including the work platform, access road and ramp constructed from RSM be removed and the landfill property be restored to its original condition per the Contract. This request has fallen silent and the citizens are still wondering why it was all swept under the rug. We suspected at the time that it would have cost multi-millions to remove all the debris that was dumped on our landfill.

    As the City had just as many lawsuits back then as it does today, the mindset started to change about law suits when Lake Worth got in more and more of a financial crunch. Everyone knew they could sue us and walk away favorably as we would roll-over to just the threat of any legal action, cowering in fear. Think billboard blight, one of Clemen's claim to fame.

    Is this what happened in the Sun Recycling situation?  Did we capitulate like we did in the Greater Bay suit and justify it by blaming all of the wrong people?  We don't know. It's still under the rug.

    Thursday, November 29, 2012

    The Lake Worth Beach and Casino Project

    Comment Up
    More thoughts from someone involved in the GB project in 2008:

    The City of Lake Worth and its PAID Agents, just roll over every time GBC/GBG (Steele/Willard Team) produces their spin and they do not even question them (GBC/GBG Steele/ Willard Team), as to what their spin means?

    GBC/GBG (Steele/Willard Team)-- I will show you my financial source/sources, if you show me yours. Oh! By the way, you should have provided your financial source/sources as soon as you where awarded the contract, per the RFP, why haven't you?
    • Please, GBC/GBG (Steele/Willard Team) no more of your spin?
    • Please, GBC/GBG, stop discrediting the opposition of the project/projects and or former employees?
    • Please, GBC/GBG, disclose your financial source or sources and where they are coming from?
    • Please, GBC/GBG (Steele/Willard Team), get a building permit, with approved plans and specifications like every other Citizen?
    • Please, GBC/GBG, pay off, all the people and firms you owe money too for securing the Lake Worth Beach and Casino Contracts.
    • Please, GBC/GBG, be honest to your partner the City of Lake Worth, County and with your signed subcontractors, etc.

    NOTE: These comments are my personal thoughts, opinions, questions and comments to raise questions of these contracts and the City of Lake Worth relationship with GBC/GBG (Steele/Willard Team). In addition, GBC/GBG (Steele/Willard Team) should have provided the City of Lake Worth their financing source/sources, per RFP; provide information of their ability to perform this type of construction and provide information on the experiences they have in this type of construction? To date, GBC/GBG (Steele/Willard Team) have, yet to provide information required of them, per the RFP? They just spin and discredit all individuals who ask questions or opposes them?

    What do the Citizens of Lake Worth and Palm Beach County get ($)?

    The City of Lake Worth will receive (approx.) $500,000.00, per year, 19 years 364 days.
    Many of the Citizens of Lake Worth, who have supported GBC/GBG (Steele/Willard Team), helped them in their efforts, to secure the original RFP will RECEIVE NOTHING — isn't that GREAT? That is what you call being, SCREWED by GBC/GBG (Steele/Willard Team) and to benefit their pockets (GBC/GBG Steele/Willard Team)?

    Why are there no plans or specifications for this Olympic Pool Facility Renovations - why? What are the profits of the Pool Renovations Project?

    Remember Citizens of Lake Worth and Palm Beach County, if I am not mistaken GBC/GBG (Steele/Willard Team) stated the Pool Facility Renovation would be to the Olympic Standard's, well it is not — why? Why is the City of Lake Worth settling for less? Alternatively, is GBC/GBG getting a free ride, again - why?

    Why is the City of Lake Worth and its Paid Agents not making GBC/GBG (Steele/Willard Team) keep, their word in stating their Pool Renovation would be to Olympic Standard?

    Why is the City of Lake Worth and its Paid Agents not protecting the Citizens of Lake Worth and Palm Beach County?

    How can, the City of Lake Worth not asked GBC/GBC (Steele/Willard Team) for the following approval before start the Pool Renovation?
    1. Site Plan
    2. Soil Tests
    3. Plans & Specifications
    4. Environmental
    5. Architectural Reports
    6. Engineer Reports
    7. Archaeological Reports
    8. State Requirements
    9. Financial Source/sources. GBC/GBG/Willard Group Etc.
    • What are Steele and Willard's credentials for the construction of the Pool Renovation andDevelop the Beach and Casino Projects?
    • Does Steele; personally have a FL State Certified Building license?
    • Does Willard; personally have a FL State Certified Building license?
    • If they, Steele and Willard do not personally have a FL State Certified Building license then why don’t they?

    Greater Bay and the Pool/Beach Renovation

    Comment Up
    As we just can't get enough of Greater Bay and it's big win off the backs of the struggling people of Lake Worth, here is a blast from the past.  Another blog beat me to this back in 2008.

    Thoughts put in the form of questions from someone involved in the Pool and Beach Project early 2008 who indicates that there was ineptness from staff as well as stratagem for gain by GB. All that staff, that was in charge of decisions, were eventually terminated.--

    Peter Willard and former Mayor, Jeff Clemens

    They Were Given A Building Permit By The City of Lake Worth Fl?

    How CAN they (GBC/GBG Steele/Willard Team) receive a building permit?

    I don't know who the amateurs are or who approves projects in the City but the Citizens of Lake Worth and Palm Beach County are getting SCREWED, not protected, in this deal.

    Do you know GBC/GBG (Steele/Willard Team) will be taking all the candy (huge profits) from the Citizens of Lake Worth and Palm Beach County! Where is the City of Lake Worth and their Agents in protecting the Citizens of Lake Worth and Palm Beach County? It appears GBC/GBG (Steele/Willard Team) are getting a free ride (in my opinion) — why are the Citizens of Lake Worth and Palm Beach County allowing the City of Lake Worth and its Paid Agents to act not in our best interests? Why does the City of Lake Worth and its Agents not require or want to have the PLANS and SPECIFICATIONS on record for the Pool Renovation in City Hall?

    Why does the City of Lake Worth and its Agent not want to know what the labor and materials are going to cost them, not only them, but, how about the taxpayers? (Regarding the pool) Is the City going to receive the $200,000.00 from GBC/GBG (Steele/Willard Team)-- in a letter to Karns from GBC/GBG (Steele/Willard Team) stating they would pay the first $200,000.00, this is a public document stating that GBC/GBG (Steele/Willard Team) would pay, if the Pool Renovation Project was not completed by April 30, 2008? Is this letter (document) from GBC/GBG (Steele/Willard Team) to Atty. Karns available to the public?

    Their excuse (the GBC/GBG (Steele/Willard Team) will use is that the building permit was not issued in a timely manner, from the City of Lake Worth — why? Therefore, no $200,000.00 guaranteed as stated, by GBC/GBG, to the City of Lake Worth by GBC/GBG (Steele/Willard Team).

    Again, how did GBC/GBG (Steele/Willard Team) get a permit from the City of Lake Worth and its Agents without PLANS and SPECIFICATIONS???????????????

    As it stands, the confusion will continue to reign within the City of Lake Worth on the Pool Renovation Project...NO recorded RECORDS for the City — why?

    (On the beach) Over 20 years, GBC/GBG (Steele/Willard Team) will generate $150,000,000.00 to $250,000,000.00. maybe even $300.000.000.00 — WHY IS THE CITY OF LAKE WORTH RECEIVING SO LITTLE?

    Author Unknown

    Wednesday, November 28, 2012

    The Greater Bay Settlement and who to Blame

    Comment Up

    Dear Mayor and Commissioners:

    I had the opportunity to observe much of Attorney Joslyn's performance at the meeting during which he recommended the City pay $1.6M to settle Greater Bay v. The City of Lake Worth. He blamed his diffidence in going to trial on local bloggers, activists, and former Commissioners, but neglected to include his own firm's action and lack of action as the first and main cause of the problem.

    Boose, Casey, Ciklin, et al sent two attorneys to be present at the 2 days of contract negotiations between the City and Greater Bay, presumably to protect Lake Worth's interest. Apparently neither of these contract and real estate professionals, nor any other members of their firm did any background check of Mr. Peter Willard before drafting up a three part contract, giving him control of what was to happen at the Beach for well over 40 years.

    Had they done even the most cursory investigation of Mr. Willard's record, red flags would have been raised which likely would have stopped the partnership. Instead, a three part contract was drafted, the 40+ year term of which violated the City Charter and put the City in jeopardy.

    The Construction phase of the contract set no time limit on Greater Bay's finishing the project. This was so egregious that Mr. Willard himself laughed up his sleeve at its inadequacy in protecting the City.

    Casey, Ciklin then unsuccessfully attempted to defend the 3 leases, which were in violation of the City Charter, and  were in the aggregate, indefensible. Judge Fine heard their Motion to Dismiss and said,  "Your motion is alluring, but I'm going to deny it."

    In total, the contract has resulted in a loss of almost $3M for the City of Lake Worth and its taxpayers, a loss that could have been avoided had Boose, Casey, Ciklin etal investigated Mr. Peter Willard's background and had they drafted contracts that were legally sufficient, given the parameters of our City Charter.

    Perhaps this firm has done some work beneficial to the City in the past, but I suggest that it may be time for the City to seek alternate representation, should the need for outside counsel present itself in the future.

    Sincerely,


    Laurence McNamara
    Chairman, Citizens Come First