Commission not accountable to Taxpayers?

Lake Worth Beach commissioners spend nearly $9,000 on Hawaii trip

This blog mentioned this on July 8 with a photo of the luxurious resort. Read the comments

Read the Post article

"LAKE WORTH BEACH — Mayor Pam Triolo and Commissioner Andy Amoroso spent six nights at a Hawaiian resort in June to attend a U.S. Conference of Mayors gathering.

The cost of the trip? Nearly $9,000. They traveled just three months before approving a budget that includes $800,000 in payroll cuts, five layoffs and elimination of popular programs such as monthly block parties."

The commission voted a few years ago that they didn't have to have discussion from the dais and approval on their travel...they just didn't think it was the public's right to know.  Now everything they do as far as travel is out of the sunshine. And during their excursion to Hawaii, Omari Hardy attempted a coup of getting an ordinance passed on ADU's.

Sunshine not too bright in the Florida Legislature

Half of Florida’s legislators rate ‘F’ or ‘D’ in their support for open records

Read about all our Florida Legislators and how they were graded by the Florida Society of News Editors on Open government. Our representatives didn't do too badly. Lori, proud of you.

Riviera Beach caught out of the Sunshine

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Riviera Beach commissioners have exchanged e-mails on their personal accounts thinking that this was not a public record and that we pesky part of the public would not find out. Did they learn this from Hillary?

"That exchange is part of 86 pages of documents obtained Wednesday by The Palm Beach Post from the Palm Beach County State Attorney’s office. The documents also were set to be handed to reporters late Wednesday by Fane Lozman, a Riviera Beach and Palm Beach County activist whose August 2015 complaint led to a June 2016 charge against then-council member Guyton."

Read about it...

All city councils need to wise-up.

Behind the Veil

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Photograph by Michael Schor entitled "Behind the Veil"

Did Lake Worth City Manager use secrecy in removing shuffleboard courts that are a part of our history?

Secrecy seems to be SOP these days if you consider the ITN. With one on one closed meetings out of the Sunshine with the city commission, City Manager Michael Bornstein said that he arrived at a consensus with each commissioner to remove the shuffleboard courts. The decision to remove our shuffleboard courts did not go before the commission for discussion or a vote. A commission is not allowed to use the city manager or any other staff member as a conduit to circumvent the open meeting law.

The way I see it is, it is the constitutional and statutory right of every citizen to have open and noticed public meetings when official acts are to be taken or at which public business is to be transacted or discussed. Surely bulldozing city property and history is an occasion that merits discussion in a public forum along with a vote.

There are a limited number of exemptions which would allow the city to close a meeting. These include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions.

Mr. Bornstein says that the CRA has been given the management decisions as to what happens at our shuffleboard Court Building. The lease that was signed between the City and the CRA (October 15, 2013) for this property distinctly says in Article III, Section 3.01 that the premises shall be rehabilitated, converted and used for the establishment and operation of a Community Cultural facility...any alterations to the premises, section 4.03, shall require the prior written approval of the landlord along with the submission of plans and specs. Did we get these?  Why was this never brought up at a city commission meeting?  If this is a cultural center as mentioned in the lease, why wouldn't shuffle-boarding be considered part of our culture in Lake Worth?

No authorization or written permission to remove the shuffleboard courts was given by the City per the CRA Director. Who exactly is paying for this demolition?

From: Joan Oliva
Sent: Monday, October 05, 2015 10:00 AM
To: Deborah Andrea
Subject: RE: info request

Debbie,
There is no written authority.
Thank you
Joan

This is City Manager Mike Bornstein's reply to my inquiry:

In the presentations made before the Commission by the CRA when they took control of the property, the areas where the shuffling took place was envisioned as space for art activities, display areas, arts markets and/or green markets. Additionally, in the one on one conversations with the Commissioners about this project, removal of the courts for these purposes was consistently discussed. It was also noted that the courts created drainage issues as well as serious trip hazards. The CRA applied for and received a grant, hired the contractor, and the buildings and grounds are being transformed into an Arts Center that will help transform the area into a vibrant Arts District.

As far as white elephant mentality, this is more akin to the fossilized bones of a white elephant. It is interesting that the shuffleboard court paint can still be seen under the parking areas for the Commissioners at City Hall.

Hope this helps. M

The only thing that "helps" here is the candid admission involving an important decision did not come before the people. If this is the case, what would prevent the city manager making all of the decisions behind closed doors?  Do we need a commission at all?

Training on Sunshine Law out of the Sunshine

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The mayor and all the West Palm Beach commissioners recently attended training on Florida's Sunshine law, out of the Sunshine. Commissioner Shanon Materio, however, said the meeting should have been open. “I don’t understand why it couldn’t have been in the sunshine,” she said. “Why not?”

Read about it...

Hudson Holdings, the ITN and our Beach

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Steven Michael of Hudson Holdings probably wasn't kidding when he said that the Selection Committee regarding the ITN issued by the city of Lake Worth would be decided at the end of this month. It sounded like he thought he had it in the bag--to be given the contract on a long-term lease at our beach complex. The city is now saying that there must be a public meeting (singular) before any commission recommendation.

We know what Hudson wants--he told us. And we don't trust this majority commission.  Why should we?  Look at their past performances.

From: Christy Goddeau [mailto:christy@torcivialaw.com]
Sent: Friday, March 27, 2015 2:38 PM
To: Deborah Andrea
Subject: RE: Selection Committee
Debbie – Please let her know the next meeting is March 31 but it is a closed negotiation strategy meeting (with just the evaluation team) under section 286.0113(2)(b)(2), Florida Statutes.  Since it is exempt from the Sunshine Law, it is not posted.  However, it will be recorded and the audio will be available on April 2, 2015.

When the evaluation team has a public meeting, the public meeting will be posted.  More than likely we will try to make the notice as reasonable and varied as possible given the interest.
Thanks!

In the Sunshine

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From the The Fayetteville Observer

People come to Florida for its sunshine and overall great weather.  However, there is one Sunshine we don't think about too often--our strict Sunshine law policy: Any discussion of public business by two or more members of the same board or commission must be opened and noticed to the public.

As an example, if we had access only to the meeting after the vote of the Selection Committee on the ITN, we would not know of any of the reasons or anything about the others who answered the Information to Negotiate on our beach complex. Under our laws in Florida, we have a right of access to the entire deliberative process and it is a right that all of us take seriously.

Because we take it seriously and often times perception is reality, we filed a complaint with the Inspector General's office on what we felt was a possible/probable Sunshine Law violation--three commissioners driving to Tallahassee along with the City Manager in the same vehicle on what is an 11 hour drive. In the end, perhaps all of them traveled separately as I have not yet received the public information request. We do know that the Mayor and Commissioner McVoy were not in the vehicle.

The Sunshine Law does not prohibit advisory boards or commissioners from conducting trips provided that the board members do not discuss matters which may come before the board for official action. There is one exception--See Finch v. Seminole County School Board, 995 So. 2d 1068 (Fla. 5th DCA 2008) which essentially was about some school board members who were even separated from each other on a bus trip and did not express any opinions or their preference for anything coming before them and did not vote during the trip. This was ruled a Sunshine Law violation.  We feel that our commissioners who rode together in the same van very easily could have committed a Sunshine law violation. There is not too many things to have conversations about in a drive of that length...talk about the weather? The kids? Missing all that camaraderie at Dave's?

Peggy Fisher, electric utility board member, was so concerned that we might have a "fuzzy" understanding of the law because the IG told us that there was no violation, suggested, as did the Vice Mayor, that we should have a presentation on Sunshine Law  to explain that riding in a car together is not a violation whether it's for 4 hours or just around the capitol in Tallahassee.

Christopher McVoy and Ryan Maier both believe that commissioners are held to a higher standard. Maier said that "if inconvenience is the cost of an open society, then we welcome that inconvenience...it's about setting the bar higher and higher with each passing day for our city."  Scott Maxwell has a different perspective. He said, "I've had it with the lies in this city. Have someone come in and explain the Sunshine Law...I won't put up with the lies anymore."

Quote of the Day - John Szerdi

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"Someone broke the Code of Silence"

~ Commissioner John Szerdi

Aside from Ryan Maier telling us that the Supervisor of Elections has been approached by the city about putting the general obligation bond back on the ballot in August, Szerdi's comment was the most telling quote of the candidate debate at the Lake Worth Playhouse last night.

He said it in reference to Hudson Holdings wanting our beach on a long term lease and the meeting that Hudson had at the Glasshouse last week in Bryant Park. Szerdi works for Hudson Holdings. 

It is everything that we have been complaining about for 3 years--NO transparency and business conducted out of the Sunshine.  No city manager reports, EVER, from this administration and the commission approves. They must believe that the less the residents know, the better off the city will be  They want to grab your money but they don't want to tell you about it until it's too late to even think about it.  A few continue to complain that our Casino and pool are losing money and they must think that it's A-OK to outsource the most valuable asset we own.

This is not the representatives that we deserve in Lake Worth, not by a long-shot.  It's time to retain McVoy and vote Ryan Maier in who says it's "people not politics."  John Szerdi admitted last night that he didn't know what that meant..

Lake Worth commission attend Palm Beach County Day in Tallahassee

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Palm Beach County Day, Tallahassee

Well, the City Manager and City Commissioners were scheduled to leave for Tallahassee at 7am this morning in order to rub shoulders with legislators. Their excuse for this excursion is to see if they can get any money for our poor city. What does our lobbyist do? After generations  (Lake Worth is only 101 years old)  of total road neglect, according to the Vice Mayor, we are in desperation for road and infrastructure repair.  He forgets that it was he and this commission that reduced the budget in half for street maintenance. As we found out last night, the least transparent commission in history once again is placing the general obligation bond for infrastructure and roads on the August ballot. And don't forget those poor dirt roads that have never been paved that is "criminal" in the mind of Maxwell.

The only one flying up will be Commissioner McVoy who hasn't spent one dime of his travel budget this past budget cycle going on 5 months now. The rest of the crew, who don't have bosses to report to, will be taking a long seven hour ride.  We are to assume that they will be talking about the weather, the scenery and how much gas per mile they will get in that rented van. Talking about city business is verboten--Sunshine Laws you know.

To date, the initial expenses are as follows:
$750 for registration fees
$758 for Bornstein's room and van rental
$$485.30 for Triolo room
$485.30 Maxwell room
$485.30 for Amoroso room
$974.20 for McVoy flight and room

$3,398.10 with more expense sheets to be turned in.

 

The Gang of Five and Sunshine Law

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Have you ever heard of a "gang bang?"  Perhaps a kinder term would be "strength in numbers." But these commissioners are trying to get grant money to fix our roads and are doing everything within their power to do just that.

Vice Mayor Scott Maxwell was asked this question by one of his constituents...why were these commission meetings cancelled right before the March election?  His method of operation is to forward the e-mail inquiry on to someone else to answer.  In that way, nothing he says is in writing and he can't be held accountable for the explanation and he can't be challenged. The burden has been transferred.

From: Pamela Lopez
Sent: Monday, February 16, 2015 10:53 AM
To: Scott Maxwell

Subject: RE: Commission meetings March 3 meeting was cancelled due to 4 elected officials plus the City Manager being in Tallahassee during PBC Day to solicit for grant funding.

March 10 work session was cancelled due to the Municipal General Election and the Clerk and Records & Information Manager are required to be present to accept ballots at City Hall after the polls close and I’ll deliver them along with a PBSO escort to the SOE’s Riviera Beach center.

The above poses the question, how many lawyers does it take to screw in a light bulb? Originally it was four commissioners along with the city manager driving in the same car to Tallahassee. And we're to assume that they won't be talking about city business during that long drive in some rented van?  Last night it was stated that Christopher McVoy will fly to Tallahassee and Mayor Triolo will be taking her own car. And what happened to Richard Pinsky, our Tallahassee lobbyist?

Registration to attend the event, where you might possibly rub shoulders with your state legislator with a remote chance of getting a grant (as these guys will be talking to hundreds of people), ends today, February 18. The fee is $125 per person with a minimum hotel stay of two nights at $179 a night at The Aloft or $204 a night at the DoubleTree. Palm Beach County Day in Tallahassee begins with registration late in the day on March 3 or from 7:30 to 10:00am on March 4.

Proposed Schedule
Tuesday, March 3, 2015
4:00 p.m. - 8:00 p.m.... Registration at Aloft hotel
8:00 p.m. - 10:00 p.m..Hospitality Suite in W XYZ Lounge at Aloft
Wednesday, March 4, 2015
7:30 a.m. - 10:00 a.m..Registration at Aloft hotel
7:30 a.m. - 9:30 a.m.... Breakfast in W XYZ Lounge at Aloft
8:00 a.m. - 3:30 p.m.... Exhibits in the Capitol Rotunda
Noon - 1:30 p.m........... PBC Day Luncheon on 22nd Floor of Capitol
8:00 p.m. - 10:00 p.m..Hospitality Suite in W XYZ Lounge at Aloft

This is a seven hour car ride. The devotion displayed by our commissioners to drive for all that time is to be commended.  City Attorney, Glen Torcivia, said it was not a Sunshine law violation just as long as they did not discuss any city business.  Of course, they are going up there in order to DISCUSS CITY BUSINESS.

Can you even imagine that they won't be talking about city business?  Perception IS reality.

Sunshine Law and Public Commentary

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We just aren't engaged in our city. And it's not often the people's fault. We just plain don't know what's going on and when we do know about a meeting, we have two minutes to let the commission know what's on our mind.  The two minute rule started with Jeff Clemens who was supposed to evaluate it after six months and hopefully go back to the way it was, three minutes. That commission liked it so much, they kept it. Why did they like it? Because they don't really have any use for the opinion of the residents they serve and this commission and city manager love the short agenda. They get to leave early, pass all expensive stuff on Consent Agenda, discuss little. At the county level, SPEAKERS ARE LIMITED TO 3 MINUTES; however based on the number of Comments by the Public cards received, the Chair may reduce speaking time to 2 MINUTES.

We had Lois Frankel here this past week and she was scheduled at City Hall on Wednesday at 6pm for a discussion on the community.  How many people even knew about this meeting? I wouldn't have known  she was even in town if she had not been spotted with Scott Maxwell at Callaros. It was on the City Calendar but not posted as a city meeting.  Did the city send out any notice of this meeting?  Did you get a call from your commissioner?

The city attorney was worried about a possible Sunshine Law violation at the Canvassing board when they were scrutinizing the provisional ballots from this last election. Two people had left the room at the same time. Well, bringing up Sunshine law violations is something we all should worry about. How much is discussed behind closed doors in this city? Is the city manager acting as a conduit when he meets with each commissioner, one on one? How are we to know? It is not a transparent commission (even the Newsletter says nothing) and many people have told me that they never even get a reply to their e-mails from this administration.

So, they don't want to hear what you have to say and go merrily along doing what they want to do...coming up with some Florida Statute to fill their narrative to go against the will of the people. Whose side are they on anyway? Not all the people they represent.

We now can speak to Consent Agenda items some of which total over $2 million as it did a few weeks ago. It took a law to allow the people to speak. And if it weren't for the United States Constitution, we would never have the right of free speech, at least not in this city.

Lewis, Longman & Walker, a Tallahassee law firm/lobbying house and were outside attorneys for the City of Lake Worth sent a memo last year to its many clients advising them of the new law that was effective on October 1 and passed by the Florida Senate on a 40/0 vote with only two dissenters in the House. The memo urged them to make sure they have the right policies on board.

“While the Sunshine Law has long required meetings boards or commissions to be open to the public, the law has not heretofore guaranteed a right to participate. Except for a few limited exceptions, the law expands the Sunshine Law in a manner that guarantees the right the public to be heard at meetings governmental bodies.”

"The law is enforceable by injunction in circuit court and if a court determines that a board or commission took any action in violation of section 286.0114, the court will assess attorney’s fees against the board or commission.”

Fine and dandy; we now get to speak to something where the commission just wants to spend  your money. Little discussion happens on Consent items because we don't understand the item and if we want to know about it, staff doesn't tell us or get back to us in an e-mail prior to the meeting. Consent should be about housekeeping items not items spending tremendous amounts of taxpayer money.

I received a comment from someone who was irate about my graphics and comments regarding what she feels is a hard and unfair approach to this commission who she believes are nice people and trying to do a good job and I'm just in the way of their mission. Well, her opinion was allowed here as she didn't personally attack this blogger, she only disagreed. However, I must say, that I don't have the same opinion at all and this commission, as shown on Friday night, was all into hearsay and would not allow an opinion that differed from their narrative and goal.

Freedom of speech is not alive and well in Lake Worth and the dais is simply not interested as to why one-half of the voters rejected their plan.  

Politicians and Consultants and Movers and Shakers

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Who is Blake MacDiarmid and what is his connection to Vice Mayor Scott Maxwell?

An excerpt from The Palm Beach Post editorial writer Joel Englehart--what follows is a key portion--a blast from the past--it goes back twelve years:

The feds probably want to know not only what Commissioner McCarty has done for her husband but what she has done for her brother, Tallahassee lobbyist Brian Ballard. That's where Blake MacDiarmid comes in. Mr. MacDiarmid managed Commissioner McCarty's 2002 campaign. He was an up-and-comer in Republican circles, where Commissioner McCarty reigns. But something went wrong. "Blake did not sufficiently kiss the ring," one observer said. Suddenly, Commissioner McCarty was undermining Mr. MacDiarmid at every turn. Candidates he had long represented told him no thank you. Clients couldn't hire him without risking Commissioner McCarty's wrath - and active opposition. Losing clients at that rate, Mr. MacDiarmid would pose no threat to Commissioner McCarty when she leaves the commission in 2010 to become a lobbyist. Assuming she's not in prison by then. From the Palm Beach Sun April 2011

Well, we all know what happened to her. The five-term commissioner pleaded guilty to honest service fraud in 2009 and was sentenced to 3 and 1/2 years in a federal prison camp. Her husband, Kevin had a brief term in prison for not reporting Mary's crimes.

MacDiarmid has been a paid political consultant for the campaigns of several Delray Beach commissioners. In 2004, he was hired to help the city when it asked voters to approve a $14 million bond issue used to finance parks and recreation projects. He is well known in political circles and Judge Marni Bryson of the 15th Judicial court is now his wife. You can't get a better connection than that working on your side.

Interesting diatribe? It gets better. In South Florida, he has served as an adviser to Congressman Tom Rooney, State Representatives George Moraitis and Pat Rooney, Palm Beach County Mayor Steven Abrams, Palm Beach County Commissioner Hal Valeche, Boca Raton Mayor Susan Whelchel, Delray Beach Mayor Cary Glickstein and Lake Worth Mayor Pam Triolo.

NOW GET THIS--**Mr. MacDiarmid served as lead consultant for the successful passage of a $24 million parks and community ballot referendum, was chief strategist with the City of Fort Lauderdale to pass a critical $40 million public safety ballot issue, and has also worked as a strategist with Lynn University, the Republican Party, Florida on the Move and business and neighborhood advocacy groups. Source: Old faithful Ins

In March 2014, Scott Maxwell paid MacDiarmid $3,000 for campaign services and consulting. Consulting for what? For an election that never happened? Or was it for advice on who to approach in order to bulldoze a county park for national baseball?  Was it for the infrastructure bond issue that he wants so badly to happen?

More often than not, favorable results develop behind the scenes and out of the Sunshine--in strategy meetings with consultants and other politicians. What's next for Scott Maxwell? Who knows? We do know that when he wants something, he will fight for it every step of the way, doing whatever it takes--a mover and shaker.  Watch for Scott Maxwell to move on and up in local politics.

Operating in the Sunshine

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I have been wondering for months now if the "visionaries" operate totally in the Sunshine. Do they communicate with one another on issues coming before them? Do they use a conduit or two or three or four? Do they meet at Dave's and never discuss the city, not one itsy bitsy bit?  Do they get text messages from a few in the Chamber who just have to have their laptops with them at all times while a meeting is in progress?

Of course, they wouldn't do that, would they?