The Steroids of Politics

Every once in a while an event happens in our Village that has political repercussions for years to come.   This event will probably occur at this week's Council meeting scheduled for Wednesday, August 7^th, at 6:30pm.  There is only one item that has been placed on the agenda for discussion: the release of all Palmer Trinity Shade Sessions.

This topic of conversation is a long time coming and is invaluable to putting this sordid little affair behind us to rebuild the Village of Palmetto Bay's reputation within the community.  The release of these Shade Sessions is also expected to end the political lives of Mayor Shelley Stanczyk and Councilwoman Joan Lindsey.

Just as major league baseball has finally started to address steroids, we as a community should finally address the individuals who were the root cause placing this community into five years of protracted litigation with Palmer Trinity.  The cost to this community goes well beyond the money we've spent fighting the litigation, just as the use of steroids by professional baseball players go beyond enhancing athletic performance.   It's all about an individual's lack of ethics, narcissism and self-absorption.

Baseball needs to be played without drug enhanced players who actually care about the purity of the game, just as the Village of Palmetto Bay should be run by Politian's who really care about their constituents and don't get caught up in self-glorifying behavior and ugly vendettas.

It will be interesting to see Mayor Stanczyk and Councilwoman Lindsey recite the same contrived gobbledygook they've been preaching from the dais for the past year (i.e. it's not in the best interest of the Village to release Shade Session transcripts, etc.)  I would really appreciate one of the remaining Councilmembers to have the intestinal fortitude to state on the record that it wasn't in the best interest of the Village for either the Mayor or Councilwoman to continually vote for extending the Palmer litigation for five years.  Mayor Stanczyk and Councilwoman Lindsey were a major contributing factor of this predicament and now they are trying to stop disclosure because it may make them look really bad.  It's interesting the way that works.

As Alex Rodriguez is expected to appeal his suspension from baseball today, I would expect that Village Attorney to attempt to keep the Shade Sessions secret long after the vote this week to release them.  Expect the Mayor to state on record, at some point, even though there was a vote to release that passed, it's in the best interest of the Village that our Village Attorney files a motion with the court to keep the information secret.   And, by the way, they will be using your tax dollars once again to hide the truth.

At the end of the day, the litigation will be settled, and Palmer Trinity will get exactly what they wanted five years ago.   The Village can't afford to settle for anything less because they will otherwise be liable for extraordinary damages.  The Neighborhood Protection Ordinance that was passed in November 2012 will be thrown out as a concession to prevent Palmer from receiving a judgment that could be millions of dollars.   For engaging in behavior that is detrimental to the 'game,' let's hope that Mayor Stanczyk and Joan Lindsey get a lifetime ban from politics for the sake of the Village.     It should start at the ballot box next election.

David Singer

Village of Palmetto Bay the New Vegas

At Village of Palmetto Bay council session on July 11^th Councilman John Dubois reintroduced an agenda item to release shade sessions related to the Palmer Trinity's Third District Court of Appeals case.  As usual, with defeat looming on the horizon and in an attempt to once again maintain the status quo, Mayor Shelley Stanczyk, Councilwoman Joan Lindsay and their minions, the Concerned Citizens of Old Cutler, Inc. (CCOCI), fought a bitter battle of words to keep these meetings hidden from the Citizens of Palmetto Bay.   This fight was nothing more than self-serving rhetoric from a group of individuals who could care less about Village of Palmetto Bay.  Their main concern is a desperate attempt in saving their political carcasses.

Approved for release is a Shade Session that took place in January 2012 which, when released, will reveal that the Village engaged an attorney who specializes in appeals who advised the Council, including the Mayor Shelley Stanczyk and Councilwoman Lindsay, that the odds for winning a long protracted appeal against Palmer Trinity were no greater than 30% (these odds are worse than gambling in Las Vegas.)  The attorney hired was Raoul Cantero of White and Case - a highly regarded former Florida Supreme Court Justice. One would expect that they would have respected the opinion of an expert they brought in to advise them on a subject that was his specialty.
When faced with the brutal fact that there was as little as a 30% chance to win an appeal against Palmer Trinity's court order, three of our self-righteous Village leaders (known to some as 'the three amigos' -- Stanczyk, Lindsay, and the former councilman Brian Pariser) decided to double down and continue to waste Village time and money with the appeal.  This fight should have been resolved years earlier but instead was used as a political grandstanding for the up-coming elections. 

Ultimately when opinion of the ill-fated appeal was released, the Third District Court wrote that the Village "acted with Willful Disobedience of a Court Order" and the Village's actions were "an exercise in superfluousness and futility." Maybe they should have heeded their expert and saved the Village from embarrassment.

 I have yet to read these shade sessions, but if were a betting man, I'd believe that Mayor Shelley Stanczyk, Joan Lindsey and their minions (CCOCI is also named as a defendant in the ligation) were also informed that the League of Cities insurance coverage they had in place did not insure the Village for potential financial liabilities for revenue losses sustained by Palmer Trinity associated with lost enrollment due to the delay in the expansion of their school. 

When the shade sessions are finally redacted (to remove material unrelated 3^rd DCA case) and released, one can only wonder what other bombshells will be revealed and how Shelley Stanczyk and Joan Lindsey will fight the release the remaining sessions.  I do remember former Vice Mayor and Attorney, Brian Pariser, stating on the record "anyone can sue anyone."  Yes Mr. Pariser is correct, anyone can sue anyone, but he, most of all, should have understood the ramifications to the Village when he voted to continue litigation against Palmer Trinity with a 30% chance of success.  I wonder how many cases he would take on a contingency basis with those kinds of odds. 

With Eve Boutsis's future as Village Attorney on shaky ground (a recent release of a Request for Proposal for a Village Attorney has been released,) it would be a waste of time to try and figure out what role she played in the appeal.  She certainly got her pockets well lined with attorney's fees for her advice.   I would hope that she had the intestinal fortitude and legal wherewithal to advise Shelley Stanczyk, Joan Lindsey and the CCOCI that they were leading the Village down the road to financial devastation.  I guess we will see soon enough.

Our Village politicians need to understand that the job requires and demands more than shaking hands and kissing babies.  The Village needs honest, intelligent and morally inclined individuals who will serve the needs of the Citizens of Palmetto Bay over their own.  As long as the Village is represented by Mayor Shelley Stanczyk and Councilwoman Joan Lindsey, prudent and proper governance will never be the priority.

David Singer

My Top Ten List

Six things you should know prior to the July Council Meeting;

1.  Mayor Shelley Stanczyk is facing 6 possibly 12 ethic violations which are now being investigated by the State of Florida.  These violations relate to the website pbchekstherecord.com that she is accused of setting up and paying for which vilified and slandered Village of Palmetto Bay residents along with her political revivals she was not supporting in the last year's election.   Will the Mayor finally address these violations to the citizens of the Village?

2.  Vice Mayor John DuBois will once again address the Council about release of the Palmer Trinity Shade transcripts.    Will it finally be verified that Councilwomen Lindsey, Mayor Stanczyk, and their Merry Band of mentally misfit followers have essentially cost the Village of Palmetto Bay up to Five Million Dollars for which there is absolutely no insurance coverage? 

3.  When is a Post Office a Library?  Apparently, when the Village Attorney and the Village Zoning Director are reviewing a zoning application.  The embattled Village Attorney, Eve Boutsis, has apparently written a letter denying permission to the owners of the former Village Hall (the Sontag Building on SW 152^nd street just east of US-1) to Lease their building to the US Postal Service as a Post Office.  Her justification: the facility can't be used as a Library. (Yes, you read it right.)  I believe it's time for the Village Attorney to bone up on her vocabulary.  A library contains books, periodicals, etc. for people to read and borrow, while a Post Office is where postal business occurs -- two totally different uses.

 4.  The Florida Department of Business & Professional Regulation (DBPR) has confirmed that it has initiated an investigation into the audited Village Financial Statements.    A complaint was filed against the Village of Palmetto Bay auditor's Cherry Bekaert LLP.  The complaint was filed against the auditing firm for the potential understatement and nondisclosure of liabilities associated with both the Palmer Trinity and Shores Litigation which could, as stated before, cost the Village up to Five Million Dollars.  The DBPR found the complaint worthy of investigation (this is no small thing.)  Cherry Bekaert LLP, might be in trouble for taking Village staff's and the Village Attorney's word that there were no potential liabilities.  Staff seems to spin things to look favorable regardless of the potential hazard. 

 5.  Does anyone in the Village of Palmetto Bay hierarchy care about the potential FPL easement lines which are proposed to be 100 feet in height and 4 feet wide and are schedule to be installed down the US1 corridor?   While the cities of Coral Gables, South Miami, Pinecrest and Miami, headed by Mayor Cindy Lerner, are litigating to stop installation of these horrendous transmission lines, our Village Mayor is nowhere to be found.     Mayor Stanczyk is too busy fiddling while the Village of Palmetto Bay burns to address a serious risk to various property owners and business community on the US1 corridor.   I can't think that anyone who could be doing a worst job as Mayor.

6.  South Dade Matters has bought to our attention that the Village Manager plans on reintroducing an Art in Public places agenda item that has already been defeated at June's Council Meeting.  I for one would appreciate it if Mr. Ron Williams, or as I like to call him Palmetto Bay's own tax and spend bureaucrat, would focus on reducing the Village expenses since we will soon have a rather large legal settlement to pay along with Palmetto Bay's falling taxable home values. 

You can say a lot of things about the Village of Palmetto Bay and one would be it's never a dull place
to live.

Why would the Village hire an attorney without liability insurance?

As everyone knows, unless, of course, they’ve been living under a rock, the Village of Palmetto Bay has been and is involved in numerous lawsuits which are due to some extremely misguided zoning decisions by Mayor Stanczyk and various Council members.    We might have to expect expect more to come with the next one being filed by Alexander Montessori School who just recently lost their ability to expand their enrollment.    The decision made to deny their ability to add additional students was made by 110 residents who cast their ballots and who live within approximately 2000 feet of the school.  The final tally was 71 yes and 38 no votes.  The school needed a margin of 75% yes’s to expand.  They were 12 votes short.  38 residents of Palmetto Bay decided that a school that has been operating for decades in Palmetto Bay can’t add an additional 59 students to their enrolment   So much for democracy in Palmetto Bay.

Attorney Eve Boutsis, our Palmetto Bay Village Attorney has played a large role in advising the Council on various zoning and legal actions of the Village.   So what if the recommendations or advice by the Village Attorney in regards to zoning and litigation have been wrong and the Village is eventually hit with millions of dollars in judgments?   What if she doesn’t have Professional Liability Insurance? If an Attorney doesn’t have professional liability insurance and their advice has been wrong, who pays the bill?  We the citizens of Palmetto Bay do.  This is what I assume will eventually happen with regard to the Palmer Litigation.  We all are going to have pay a little more in Real Estate taxes to cover up for either bad legal advice or a Council that just didn’t care to take the Village Attorneys recommendations.  If it was bad legal advice a lack of Professional liability insurance could be a real problem.

When all is said and done the Council will continue to rely on the recommendations of a Village Attorney whether Ms. Boutsis is replaced or not.  In the meantime, I continue to ask whether our present Village attorney has professional liability insurance or not but have basically been told by her attorney to “pound sand.”  Do you think it would be safe to assume that’s a “no?”    As a citizens shouldn’t  we be able to find out if our Village Attorney has malpractice insurance or if it should be required?  With all the litigation that’s been filed against the Village of Palmetto Bay over the last couple of years, this really should be a requirement.

One item of note, If you search the internet you’ll find that The City of South Miami, is presently suing Eve’s partner, Luis Figueredo of Figueredo & Boutsis, P.A. for professional malpractice stemming from an incident during his stint as South Miami’s City Attorney.  The lawsuit claims he was negligent in issuing a bond and questions whether it was tax exempt.

Now that alone should not be an indictment of Ms. Boutsis, but it strengthens my argument that any attorney who works for our Village, or any municipally for that matter, should be required to have Professional Liability insurance.   

This week I was able to obtain from the Village, the draft Request for Proposals (RFP) for the Village Attorney’s position.  Nowhere in the draft is there a requirement that the Village Attorney obtain professional liability insurance.  This is ultimately a mistake by Village Manager Ron Williams which could have a detrimental financial effect on the Village.  Whether Ms. Boutsis keeps her position or not, Professional Liability insurance must be a requirement for the Village Attorney’s position.

Professional Liability insurance may not protect the Citizens of Palmetto Bay from large financial judgments, or the couple of Council members who thrive on litigation, but it will surely help keep any Attorney who represents our Village more accountable for their professional advice.   

WHAT THE HELL WAS THE MAYOR THINKING - PART 3

By now we know that Mayor Shelley Stanczyk had some involvement with the website pbcheckstherecord.com, according to her credit card information.   We also know that this website had malicious and slanderous comments that were aimed at various political enemies of the Mayor (please see southdadematters.com for all those who were defamed).   

Numerous people have approached me to ask what laws or rules I think she broke with her website involvement.   I did a little research on the matter and below is what I believe she would be in violation of if she is indeed found guilty of election law violations.   For the record, complaints against her activities have already been sent to Miami-Dade County and the State of Florida Commission on Ethics. A majority of these violations were mentioned in the complaints.

First let’s address Village of Palmetto Bay’s Charter.  Per the Charter Village Citizens are guaranteed the following;

VILLAGE OF PALMETTO BAY - CITIZENS' BILL OF RIGHTS

(A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administration management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed:

(2) Truth in Government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.  [Emails were sent out to the public by Mayor Stanczyk, referencing pbcheckstherecord.net, without any disclosure of her involvement.]

SECTION 7.2 CONFICTS OF INTEREST;  ETHICAL STANDARDS

(A)   All Council members, officials and employees of the Village shall be subject to the standards of conduct for public officers and employees set by law. The Council may, by ordinance, adopt additional standards of conduct and Code of ethics, but in no case inconsistent with law. [There are numerous Florida Statues that the Mayor must follow that she has appeared to break with her involvement in the website.]

FLORIDA STATE STATUES THAT MAYOR STANCZYK HAS APPEARED TO BREAK;

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.

(6) Misuse  of Public Position.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. [Various emails were sent by and signed by Mayor Stanczyk to the public, which included the link and directed them to pbcheckstherecord.com.  This website as is known was used as an attempt to discredit various individuals running for political office.]

104.31 Political activities of state, county, and municipal officers and employees.—

(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:

(a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof. [Emails were sent and signed by Mayor Stanczyk to the general public.]

106.055 Valuation of in-kind contributions.

Any person who makes an in-kind contribution shall, at the time of making such contribution, place a value on such contribution, which valuation shall be the fair market value of such contribution. Travel conveyed upon private aircraft shall be valued at the actual cost of per person commercial air travel for the same or a substantially similar route. [Setting up and maintaining a website for a political ally is considered an in-kind contribution.]

106.071 Independent expenditures; electioneering communications; reports; disclaimers.

1) Each person who makes an independent expenditure with respect to any candidate or issue, and each individual who makes an expenditure for an electioneering communication which is not otherwise reported pursuant to this chapter, which expenditure, in the aggregate, is in the amount of $5,000 or more, shall file periodic reports of such expenditures in the same manner, at the same time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue. The report shall contain the full name and address of the person making the expenditure; the full name and address of each person to whom and for whom each such expenditure has been made; the amount, date, and purpose of each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. [I believe the aggregate cost to create and maintain the website would be in excess of $5,000.]

 (2) Any political advertisement paid for by an independent expenditure shall prominently state “Paid political advertisement paid for by (Name and address of person paying for advertisement) independently of any (candidate or committee) [At no place in the website did it state “Paid political advertisement paid for by Shelley Stanczyk or PAC (see below) independent of any candidate.”]

106.08 Contributions; limitations on.

Except for political parties or affiliated party committees, no person, political committee, or committee of continuous existence may, in any election, make contributions in excess of $500 to any candidate for election to or retention in office or to any political committee supporting or opposing one or more candidates. Candidates for the offices of Governor and Lieutenant Governor on the same ticket are considered a single candidate for the purpose of this section. [Once again if contributions are limited to $500.00 per candidate and the website costs were over $5,000 to create and maintain Mayor Stanczyk is in clear violation of the Statute.]

104.091 Aiding, abetting, advising, or conspiring in violation of the code.

(1) Any person who knowingly aids, abets, or advises the violation of this code shall be punished in like manner as the principal offender.  [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

(2) Any person who agrees, conspires, combines, or confederates with another person to commit a violation of this code shall be punished as if he or she had committed the violation. [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

(3) Any person who knows of a felony violation of this code and gives any aid to the offender who has violated this code, with intent that the offender avoid or escape detection, arrest, trial, or punishment, shall be punished as if he or she had committed the violation. This subsection does not prohibit a member of The Florida Bar from giving legal advice to a client. [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

 

 

Per Florida Statues, it appears that Mayor Stanczyk was at a minimum required to form a Political Action Committee per the rules below. Therefore, she potentially broke every Florida Statue she was legally obligated to follow in regards to PAC's;

    

A political committee means:

 

1. A combination of two or more individuals, or a person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:

 

a. Accepts contributions for the purpose of making contributions to any candidate, political committee, committee of continuous existence, affiliated party committee or political party;

b. Accepts contributions for the purpose of expressly advocating the election or defeat of a candidate or issue;

c. Makes expenditures that expressly advocate the election or defeat of a candidate or issue; or

d. Makes contributions to a common fund, other than a joint checking account between spouses, from which contributions are made to any candidate, political committee, committee of continuous existence, or political party.

 

 

Whether or not Mayor Stanczyk is found to be in violation of some or all of the rules, she should have thought about the ethics of her actions as she represents all of us in the Village of Palmetto Bay.  Her actions are revolting, inconceivable and unforgivable. Mayor Stanczyk should do the Village a favor and step down.    Her credibility for the remainder of her term has become ZERO.

 

If you will excuse me for repeating myself and you are so moved and are as disgusted as I am, I recommend that you call Mayor Stanczyk’s office or email her and request that she resign.  To call her office, dial 305 259-1234.  To call her store, dial 305 969-0696. To email her, write sstanczyk@palmettobay-fl.gov.    Be sure to cc the other Palmetto Bay council members to ensure they too are aware of your support for election laws and your disgust with dirty politics.

David Singer

 

What the Hell was Mayor Stanczyk thinking? - Part 2 of 3

By now that we all know that Mayor Shelly Stanczyk was involved in setting up the website pbcheckstherecord.org and we know the website was used to defame various political opponents and candidates such a Karen Cunningham, John Dubois, and Jim Araiza. But who else was involved? The individual who created the website according to litigation filed (posted on Recall Website) by JB Harris, name is Mr. Pedro Souss, who resides at 8355 SW 183 Terr, Palmetto Bay, FL along with his wife Mili Maldonado who according to the 2013 Florida Corporation Annual Report is the Vice President and Director of Concerned Citizens of Old Cutler, Inc. (CCOCI).

According to the internet, Mr. Pedro Souss’s occupation is Computer Programing and System Design. When I called Mr. Souss to discuss the website, all he could say was he had no comment. No comment about setting up the website, no comment about his wife being a VP and Director of the CCOCI, no comment if the Mayor asked him to set up the website and no comment about why his credit card was used to obtain various Domain Names.

According to the 2013 Corporation Annual Report, CCOCI has numerous directors including Betty Pegram, Gary Pastorella, Carol Exposito, Stanley Kaplan and Mili Maldonado. As we all know CCOCI, along with the Village of Palmetto Bay, Betty Pegram and Joan Lindsay are being sued by Palmer Trinity Private School for Civil Rights Violations. It was the CCOCI that pushed the Village of Palmetto Bay into our six-year litigation battle with Palmer Trinity which, in some individuals’ opinions, will cost the Village taxpayers’ millions of dollars in attorney fees and damages.

Additionally, some of the Directors of the CCOCI are presently being sued by both John Dubois and Jim Araiza for slander and defamation of character. In a conversation with a CCOCI director, Gary Pastorella (who is presently being sued,) Mr. Pastorella stated he did not know of Mayor Stanczyk’s or CCOCI association with pbcheckstherecord.org. This leads to the question of who’s really in control of the CCOCI right now. According to Sunbiz.gov the one constant name who appears on each annual report since it was incorporated is Betty Pegram of 18121 SW 82nd Ave as a Vice President and Director. Honorable mention goes to Councilwomen Joan Lindsay who was a Vice President and Director from inception in 2005 until 2010.

I, for one, am not an individual who believes in conspiracy theories although this latest bit of information may make me more open to the concept. How and why do these individual’s names keep popping up on a continual basis and why are their actions so over the line on a constant basis that they continue to be named in litigation? Do Mayor Stanczyk and her associates think they are so far above the law that they can be this underhanded without it coming to light or without legal recourse?

In my opinion, Mayor Stanczyk and her associates should all be run out of town on a rail. They have turned the Village of Palmetto Bay into a circus. They have proven how devious they are and that they lack basic morals. Fortunately, there are legal means afforded us by the laws of the great State of Florida that allow us to remove bad actors that don’t involve a rail but can be equally as uncomfortable. It is our job, as vigilant citizens, to keep digging for facts and keep hammering away at issues until justice is served. Not only will this rid us of our current toxic politics, but it will send a message to the next Mayor and the next councilperson and those who are seated now that we will not stand for this and that they should always act transparently, in an above-board fashion and only in the best interest of all of the citizens rather than any specific special interest. None of this drama would be poisoning our Village if Mayor Stanczyk and her maladjusted misfits had just kept their activities within the Florida Commission on Ethics guidelines.

Once again, if you are so moved and are as disgusted as I am, I recommend that you call Mayor Stanczyk’s office or email her and request that she resign. To call her office, dial 305 259-1234. To call her store, dial 305 969-0696. To email her, write sstanczyk@palmettobay-fl.gov. Be sure to cc the other Palmetto Bay councilmembers to ensure they too are aware of your disgust with dirty politics.

David Singer

 

When can a Visa charge bring down the Mayor of Palmetto Bay?

“Oh what a tangled WEB we weave, When first we practice to deceive”

        Sir Walter Scott

 Every once in a while a piece of paper crosses my desk, that make me wonder "WHAT THE HELL WAS THAT PERSON THINKING?!"  In this case, it was a PayPal receipt (attached) used to pay for the website "pbcheckstherecord.com"  and it was  Mayor Shelly Stanczyk's.  I know this because it details her name, address, email addresses and credit card information.

In case you're not familiar with pbcheckstherecord.com, it's content is the basis for slander litigation due to defamation, accusations and flat out lies it made about John Dubois and Jim Araiza, along with a couple of non-factual comments about yours truly. 

After 5 months of research and subpoenas by attorney JB Harris, it turns out that Mayor Stanczyk's credit card was used to fund pbcheckstherecord.com.  Either it was done without her permission or she decided to play fast and loose in her role as Mayor of Palmetto Bay.  This is the same Mayor who, at commission meetings, holds herself out in the highest regard with supposedly impeccable character as she demands respect.  But apparently her political integrity ranks with that of Richard Nixon.

The accusations made on pbcheckstherecord.com regarding John Dubois and Jim Araiza are beyond serious in nature and will eventually cost numerous defendants dearly as the case is decided.  One accusation was that candidate Jim Araisa's was a felon.  This bald face lie might have had a great deal to do with Jim's election loss and will likely follow him for years to come.  While political speech is free in our great nation, slander can be extremely costly. The perpetrators of pbcheckstherecord.com will find that out the hard way.

While Pbcheckstherecord.com was set up to promote the candidacy of Tim Schaffer and Brain Pariser, Tim Schaffer acknowledged during a recent deposition that he wasn't even aware of the majority of information which was presented on his behalf.  One example is that Tim Schaffer was reported to be a Certified Financial Planner (CFP), which is a total fabrication according the Tim.    Publishing the fact that Tim Schaffer was a CFP, could have gotten him in serious trouble since he is not now nor ever been a member of the association.

Leaders lead and liars lie. This community desperately needs a Mayor who does not do the latter.  During the election, the Mayor promoted pbcheckstherecord.com, she sent emails that she signed as Mayor which in included a link directing recipients to visit pbcheckstherecord.com and its defamatory lies disparaging political opponents.  What we do know is there are ethic rules that define how political action is to be conducted.  It doesn't seem as though those rules were followed.  What type of example does she set for the Village of Palmetto Bay employees?  Unethical leadership leads to unethical organizations, or as the old saying goes "the fish stinks from the head."  We have some great individuals who work at Village Hall and they deserve better - a lot better. 

It's time for Mayor Stanczyk to resign.  She has no credibility as Mayor and is an embarrassment to the Village.  She has damaged this community's reputation and has disgraced the office of Mayor.   As the investigation and depositions continue further evidence of questionable activity is going to be revealed.

At this point the Mayor's Recall is a slam-dunk.  I suggest that she not put this community through the Recall process.  I call on her to offer her resignation at the next council meeting May 6th.  Nobody would mind if she engaged in one last political deception and denied wrong-doing, but decided to bow out for the good of the Village so it wouldn't have the distraction.  She could say she wants to spend more time with her family or at her Second Hand Store.  It would be a win-win: she saves face and the Village gets the chance for a better Council without her. If you are so moved and as disgusted as I am, I recommend that you call her office or email her and request that she resign.  To call her office, dial 305 259-1234.  To call her store, dial 305 969-0696.  To email her, write sstanczyk@palmettobay-fl.gov.    Be sure to cc the other Palmetto Bay councilmembers to ensure they too are aware of your disgust in dirty politics.

Part two next week -- When are the ethic violation complaints going to start to fly and were the members of the Concerned Citizens of Old Cutler involved in the website.

David Singer

 

 

  

 

Who’s Afraid of the SEC?

I apologize in advance if this blog gets a little technical but here it goes. I also would like disclosure that I am not an expert in SEC reporting requirements but I have done plenty of research over the past week on this matter.

Municipal Bonds are a way to raise money, much like a home mortgage, when a municipality doesn’t have enough cash to pay for various items that they would like to build, buy, renovate, etc. Currently, The Village of Palmetto Bay currently has over $14.6 million in Municipal Bonds outstanding which were floated, I assume, to pay for various capital expenditures (i.e. Village Hall).
Municipal Bonds, much like stocks and commodities, are publicly traded and have certain reporting requirements and guidelines dictated by the Securities and Exchange Commission (SEC.) The SEC has put these requirements into effect to protect investors to give them the opportunity to understand and be fully informed when they are purchasing a publicly traded investment (think Enron, Lehman Brothers).

Rule 15c2-12 is the SEC rule that dictates Municipal Bonds reporting requirements. It was adopted in 1989 and expanded greatly to protect investors by detailing disclosure requirements upon the issuance of Municipal Bonds and on an ongoing basis after the primary offering and during secondary trading. This rule focuses on disclosure misrepresentations and omissions.

The disclosure requirement for the financial condition of the particular Municipality that is issuing bonds is concerned with its Annual Financial Statements. These are the same Financial Statements I discussed on my last blog that seem to have a material misrepresentation.
  
So what does this mean and how does it affect the Village?

If something material is not disclosed by the Village that could affect someone’s decision whether or not to purchase Palmetto Bays Municipal Bonds, that omission is a violation of SEC Rule 15c2-12. The whole reason there is an SEC is to protect investors from mis-information perpetrated by the people who create financial instruments so that prudent investor s can have access to the reliable information necessary to make an informed decision on their investments. For example, pending litigation that could result in a significant judgment against a Municipality might very well be one of those SEC violations.

The Village of Palmetto Bay is currently engaged in litigation, with a potential judgment against it in excess of 12 Million Dollars. Based on the Village’s own financial reports, this exceeds the Village reserves. This is probably a fact that a prudent investor would like to know prior to purchasing Village of Palmetto Bay bonds since an unfavorable judgment could significantly affect bonds ratings and trading value.

While the litigation has been mentioned in the Villages Financial Statements, it has been downplayed “in the opinion of management and legal counsel” as not having a “material adverse effect on the financial position of the Village.” I would assume that the SEC would feel strongly that the amount of potential litigation should be disclosed on the Villages Financial Statements. I would also assume by not disclosing the potential litigation as material, the Village exposes itself to SEC fines and future litigation from bond holders if the Village was ordered to pay Palmer Trinity a substantial sum of money.

Furthermore, the SEC rules allow for there to be personal liability up to $150,000 in fines each for elected officials and staff members who knowingly perpetrate a misrepresentation in Financial Statements. This is a clever way to keep elected officials and staff from feeling free to act outside the law by assuming they can hide behind a municipal legal shield. Their $150,000 fines won’t pay the whole tab for the wrong-doing, but it certainly should be enough tough medicine to keep council and staff on a straight and narrow path.

So it seems it’s best for Mayor, Council, Village Manager, Village Attorney and staff to err on the side of disclosure – too much information to the public is much better than not enough. When the full faith and credit of our Village is at stake due to the obstructionist attitude of Mayor Stanczyk, Councilwoman Lindsay, and Village Management, the SEC can help us. It would be prudent for the Council to act on this matter soon to determine if they need to disclose the magnitude of a potential judgment against the Village as a material liability. One never knows what could happen if the SEC shows up with financial microscopes.

Something doesn't add up in the Village's Annual Financial Report

In my previous life for 7 or 8 years I was an auditor.  An auditor is usually a CPA who reviews and verifies accounting records for public, private or governmental agencies. 

I’ve had a the opportunity to review the Comprehensive Annual Financial Report that was presented to the Mayor, City Manager, and Council at the last Council meeting on April 1^st .  I found what seems to be a glaring and possibly material error in the way litigation is reserved and footnoted.

One would think that pending litigation would be material if the ultimate cost to the Village of Palmetto Bay was, say, a million dollars, but somehow the firm auditing the Village of Palmetto Bay did not find or may not have been given accurate information regarding pending litigation between Palmer and the Village, and pending litigation between Shores of Palmetto Bay and Palmetto Bay. 

The direct quote by the auditor in the Report under the heading Litigation is :  “The Village is involved in several lawsuits incidental to its operations, the outcome of which, in the opinion of management and legal counsel, should not have a material adverse effect on the financial position of the Village.”

I’m sure everyone is thinking, we know there is litigation occurring between Palmer Trinity and the Village, and Shores of Palmetto Bay and the Village, so what is the issue? 

The issue is that Audits and auditors have guidelines to follow.  These guidelines may be foreign to the lay person but are important because they require litigation to be handled in a specific manner on an Audited Financial Statement. (Not to get too technical, but the wonks among you might agree that public and government audits as they relate to litigation contingences must follow SFAS No. 5, GASB No. 62 and GASB No. 10.) 

So what if guidelines weren’t followed and the financials are misstated - then what?  The Mayor and the Council should demand to find out why.  First, was it the auditing firm that made the error?  Was it the Village Manager or Finance Director?  Was it the Village Attorney?    The auditing firm, Cherry Berkaert, is only responsible for the information that is presented to them by various sources within the Village during the Audit.  That’s why all Auditors require a Representation Letter to be signed by the Auditee, in this case, the Village of Palmetto Bay. Note that the auditor makes the determination that litigation is not material based on the opinion of management and legal counsel

The Auditors are required to send out what is called an Attorney Confirmation to all law firms who have been paid during the year to find out what type of litigation is occurring in the Village and what effect it may have on the Finances of the Village.  In this case, I would hope that our Village Attorney Eve Boutsis received and sent one back.  If not the auditing firm has some, as Ricky Ricardo once said to Lucy, some serious “esplaining to do”.

With millions of dollars at stake should this information been handled differently on the Comprehensive Annual Financial Statement?  Once again, did the Village Attorney fill out the Attorney Confirmation completely, honestly and accurately?   

A Million Dollar judgment or settlement with either of these Plaintiffs does, in my opinion (and any sensible universe,) have a materially adverse effect on the financial position of the Village.    Is the Village once again not being open and honest?  Did the Village Staff, specifically the Village Manager or Village Attorney, mislead the auditors or is it just incompetence?

Regardless of the reason, the record needs to be set straight and if needed the Comprehensive Annual Financial Report corrected.  I call upon the Mayor and Council to investigate as these are their Financial Statements.  In the mean time it’s important that the Council set up a Board of Financial Advisors to keep this from happening again.  Our Village, without a doubt, could call to service any number of financially seasoned resident-professionals to assist with the Financials and help the Village weave through numbers and guidelines to get the budget and reporting finally in order.

David Singer

A Hat Trick at the April Council Meeting

Last night's Council meeting was relatively uneventful with the exception of Mayor Shelley Stanczyk scurrying out of the chambers so fast that she forgot to close the session.  In fact, she left so quickly after the final vote that she looked like a roach being chased by a can of RAID.    Besides the fact that I reminded the Mayor and the Village Attorney that they repeatedly disregard Roberts Rules at Council Meetings, which is required by the Village of Palmetto Bay Code of Ordinances, the only stimulating portion of the meeting was during "Other Business".   There were five items brought forward for discussion during "Other Business" which benefit the residents of Palmetto Bay greatly when passed.  Both Mayor Shelly Stanczyk and Councilwoman Joan Lindsey voted or would have voted against the majority of these items.   Three of them were passed and two were tabled.  The first two that were passed were revisions to the NPO that would give residential and non-residential structures the right to rebuild using the same zoning codes originally in place when the structures were built if they were to be damaged more than 50%.   In other words, as I have been discussing for the past six months, if your home, school or a church were to burn down you could in theory build the exact same structure on your property.     Why Mayor Shelley Stanczyk and Councilwoman Joan Lindsey voted against either of these two items I have no clue, unless they are hoping that a major hurricane will destroy either a private school or a church in the community, and they would like to have a law in place preventing them from rebuilding.  It's just their blatant disregard for property rights.   One of the items which was tabled, which I can't imagine why Mayor Stanczyk and Councilwoman Lindsey were prepared to vote against it (it will be brought up again at the next meeting), is the creation of a Financial Advisory Committee made up of Palmetto Bay residents who are CPA's, and CFO's.   In case you don't know, the Village has a bevy of committees: Educational; Special Events; Zoning; Thalatta Estates; Historic Preservation and even a Tree committee.     When John DuBois introduced the idea of having residents, who are seasoned professionals, specializing in Finance, Accounting or Business give advice to the Council, Mayor Stanczyk and Councilwoman Lindsey were so repulsed by it you would think that they were being asked to join a swinger's club.    It's mind boggling that they spent a good deal of time discussing members of a tree committee last night but refused to even consider formation of a financial advisory board whose objective would be to help the Council in auditing selection, budgeting and other financial matters that could have a material impact on the residents of Palmetto Bay.    So much for the Mayor's "open and transparent government."   What exactly are Mayor Shelly Stanczyk and Councilwoman Joan Lindsey trying to hide from the public that the other three Councilmembers are willing to disclose?      The final vote was related to a solicitation of proposals for the position of Village Attorney. We all remember Ms. Eve Boutsis, our current Village Attorney, as she is the one responsible for overseeing procedures, including Robert's Rules, during Council Meetings and, in my opinion, has done this Village a grave injustice by fighting the release of the Palmer Trinity shade sessions that will eventually damage both Mayor Stanczky and Councilwoman's Lindsey's credibility.    Attorney Boutsis continues to play politics in her position instead of looking out for the residents of Palmetto Bay interests.   Fortunately the final vote was tallied and the request for solicitation for proposals for Village Attorney was passed. Mayor Stanczyk, without further adieu, "exited stage left," "adios'ed like a ghost" and left the building before you could spell "RAID".  I guess there was no reason for her to hang around and chit-chat after a 0-for-3 night.  Hooray for the Citizens rights. David Singer

Recall Annoucement

I’ve received more emails from my last blog than ever before.  Some disparaged the present Village Attorney for the blatant error she made at the last Council meeting and some were requesting an update on the Recall since there has been very little information released lately. 

Currently, we have two individual petitions drafted which call for the removal of both Mayor Shelley Stanczyk and Councilwoman Joan Lindsey.   These petitions can be used at any time to put the Recall in motion by collecting signatures.  Counsel has advised us that petitions are bulletproof.

I, along with other individuals who are involved in the Recall, agreed to put the Recall on hold until we could make the judgment call whether Mayor Stanczyk and Councilwoman Lindsey have actually learned anything from the last election.  I think it was just obvious that the Citizens of Palmetto Bay have had enough of the infighting, games, attacks on Schools and Churches, etc. Somehow all of this is unbelievably still continuing.

You will recall that two incumbents were voted out of office in November. If you go back to a prior election an additional incumbent was booted.  That makes three incumbents who have lost in two elections.  What more could clue Mayor Stanczyk and Councilwomen Lindsey to the fact that the Village is not conducting itself in a way that represents its constituents?  

We were also hoping that the new Council could bring some professionalism to the Village deliberations. It seems to be somewhat balanced at this time and we’re hoping this helps the Village heal from some of the wounds inflicted over the past two years. 

I’ve received a few hate emails since I’ve started blogging and it really doesn’t faze me because I believe everyone has a right to their opinion.   My favorite phase is “let’s just agree to disagree”.  In other words, a disagreement should not impede an honest civil discourse.  For instance, both Mayor Stanczyk and Councilwoman Lindsay have totally different opinions that I have when it comes to how this Community should be run.   I can accept that.  What I can’t accept is the constant misinformation they both disseminate to reach their goals.  Waste a couple hours of your time and watch any of the Council Meeting – you may not be able to detect it as a casual viewer, but if you check their “facts” -  they most often are not true.

It seems as though some individuals will vote for any candidate no matter how morally bankrupt or dishonest they are as long as they have the same political agenda.  It’s purely a means to an end.   There are people out there that have, would and will vote for both Mayor Stanczyk and Councilwoman Lindsey again because they have the same goals and don’t really care how dishonestly they are achieved. 

I would like to think that any damage that has been bestowed upon the Village of Palmetto Bay by Mayor Stanczyk and Councilwoman Lindsey will be reversed in two years by a New Mayor and Council once these individuals have been unceremoniously elected out of office.

Isn’t that what Mayor Stanczyk and Councilwoman Lindsey are currently attempting to do, reverse an agenda implemented by former Mayor Gene Flynn and the prior Council?  The Village built a Skate park in 2006, now it’s time to tear it down and spend $250,000 for mini soccer fields in 2013.  The Mayor would misinform you that it’s a litigation nightmare, but, a public information request for all litigation associated with the Skate Park so far reveals nothing.

To my point, the Mayor can basically state anything she wants on the dais, but she very rarely has real facts to support her position.  They just aren’t there. Now is that considered lying or putting out misinformation? I’ll let you be the judge.  It is what I wrote “a means to the end”.   

 

As for the Recall, we stand ready to start the process of collecting signatures and commencing the process at a moment’s notice.  In the spirit of fairness, new council members Tim Schaffer and John DuBois deserve some time to find their bearings to see if they can right a ship that’s been listing for an extended time. Maybe they along with Patrick Fiore will help steer our Village back down an honest and moral path.

David Singer

Goose Eggs for the Citizens

It’s a good thing that Easter is right around the corner because Mayor Shelly Stanczyk, Councilman Tim Schaffer and Councilwoman Joan Lindsey are doing an excellent job hiding those Easter eggs. Back to this later.

Monday night’s Council meeting, from its start at 7pm to its conclusion at 12:15am, should be considered the Mayor Shelly Stanczyk show. If you’re buying crap she was selling, I have some land in the Everglades at a special price for only you. I’ve never seen anyone avoid and disseminate as much misinformation as the Mayor did last night. From her agenda of converting the much loved Palmetto Bay Skate Park into soccer fields to her success in perverting the NPO ordinance, that she and Councilwoman Joan Lindsey fought so hard to pass in November of 2012, so that it doesn’t apply to the Village Parks but only the Schools and Churches that she so inexplicably despises.

The Mayor would like you to believe that the Palmetto Bay Skate Park, which is now closed due to Village mismanagement, is a blight on the Village. According to her, juvenile delinquents, hooligans, criminals who don’t actually reside in the Village hang out there causing damage to the surrounding business, are an insurance risk and, horror of horrors, lean again the fence that separates the skate park from the roadway. Funny thing is that no one, not even the Village Park Manager, had any information to support her position. If it was really a litigation nightmare don’t you think she would have referenced a lawsuit in her 15 minute soliloquy? The parks been open since 2006 and not one lawsuit being filed against the Village was mentioned.

As far as the NPO is concerned, the former Council, spearheaded by Councilwomen Joan Lindsey and supported by Mayor Shelly Stanczyk, passed a restriction on the height of light poles in the Village. This restriction relates to single family homes, Churches and Schools, but apparently not Coral Reef Park. I agree the tennis lighting at the park is in need of repair or replacement, but at a cost of 250,000 dollars? What’s even more absurd is, as was mentioned last night, that no one from the Village (and we have a lot of Park Staff on the payroll) has even attempted to change any light bulbs. This reminds me of when I was a kid and my friend’s mom called the TV repair man just to find out the television wasn’t plugged in. The fact is that if two new tennis courts were built at both Coral Reef Park and at a School or Church in Palmetto Bay, the park would be able to have taller light poles. I would assume by the actions of the Council that what is good for the goose is definitely not good for the gander. Or can we just say that the Churches and Schools got “goosed.”

In regards to my opening comment regarding Easter eggs, even though there continues to be no legal reason to keep the Shade Session of concluded litigation private per the Village Attorney (stated numerous times at the Council meeting,) Mayor Stanczyk, Councilman Schaffer and Councilwoman Lindsey voted to hide them from their constituents. I’ll give Councilman Schaffer a pass for voting against an open and honest government since I’ve come to the conclusion he still doesn’t get it. In fact, I’m starting to believe he doesn’t get much of what’s going on while he’s on the dais. He’s an honest soul, but he’s apparently lost.

As far as Mayor Stanczyk and Councilwoman Lindsey are concerned, they are simply covering their behinds. They have said repeatedly that they will attempt to hide these matters for as long as possible. Rumor has it that they didn’t even listen to their own outside attorney’s advice in ending the litigation against Palmer Trinity’s zoning approval. It is said that the former Council were told they had a 20% chance of winning but still voted to continue with costly appeals. And who was the attorney that advised them of this? Raoul Cantero, a former Supreme Court Justice who now works for the distinguished firm of White and Case who billed the Village over $650.00 an hour for his informed expert opinion. I love it when Politicians gamble with my hard earn tax dollars – it sure gives me a warm and fuzzy feeling – especially when someone with the experience of a pit boss advises them that the house odds are so stacked against them and that they can’t win unless they pull a rabbit out of a hat. If you were Mayor Stanczyk or Councilwoman Lindsey who ignored that advice, would you want that ugly little Easter egg found? Probably not. So the shade sessions will probably remain in the dark until somebody besides John Dubois and Patrick Fiore get some backbone.

I walked away from the meeting last night very tired and with a major headache wondering why can’t these people just stop all the madness and concentrate on things that municipalities are supposed to do – simple stuff – like fixing potholes. We did not incorporate to get into litigation with friendly private Village institutions and then have our anti-transparency Council hide all the facts when it turns out to be a major screw up. Maybe this Easter we can wish for something new, maybe a basket full of coherence, sensibility and good governance. Or next election maybe some good eggs.

David Singer

Missteps and misinformation given by the Village Attorney

If you can’t rely on the Village Attorney to give proper procedural instructions during a monthly commission meeting who can you count on?    SouthDadeMatters.com broke the story on Monday March 5^th, that Village Attorney Eve Boutsis made a major mistake and incorrectly informed the commission on a procedural process dictated under Roberts Rules which permitted a very unnecessary and expensive Resolution to pass when it was originally stopped dead in its tracks.

This resolution created a master plan that permits new batting cages, the replacement of tennis lights and new benched seating areas at Coral Reef Park.  These are all necessary improvements but this resolution takes away the approval process of electing to spend in excess of $275,000 away from the Council and gives it to our fiscally challenged Village Manager, Ron Williams.

The Resolution needed a super majority vote of 4-1 to pass.  It passed 3-2 because the Village Attorney incorrectly directed one of the commissioners, Patrick Fiore, who voted against the resolution, that he was required to vote for it under Robert’ Rules of Order since he had seconded the motion.  Who could have known whether this was correct or not at the time?  Eve Boutsis should have known, its her job.

I would assume anyone with a law degree should know in a Country where democracy is King, a Council member should be able to vote either for or against an item.  No one on the Council questioned her analysis of Roberts Rules.  Fortunately, she has since admitted her error. 

As far as I know the Mayor Shelly Stanczyk would like to error to stand since it was her Resolution which passed.  Not very honorable and extremely deceitful if true.

What else was disturbing was the fact that the Village Attorney stated numerous times that there is no Master Site Plan for Coral Reef Park.   This is complete misinformation and inexcusable on her part.     There is a standing Master Site Plan that was created by Miami-Dade County detailing six tennis courts with lighting which was recorded prior to the creation of the park in 1974.   I was a small child attending Coral Reef Elementary while my parents were involved in the planning of the park.

In my humble opinion the batting cages do need to be moved, benches are necessary and the lighting requires either repair or replacement.  Experts I’ve spoken with all say that all this work could be accomplished for under $100,000 not over $275,000 as planned.

All of this reminds me of the $1.1 million snack bar at Coral Reef – it was too much money, it’s in the wrong place and it’s almost impossible for a vendor to operate because of its absurd interior layout.  It’s not even a snack bar – it’s an out-of-the-way useless sculpture- the council could have bought over  four hundred commercial-grade hot dog stands for that price (don’t get any ideas Mr. Williams, you would only have needed two.)

It’s time for the Council and the Village Attorney to stand up, admit their mistakes and revote on the Coral Reef Master Plan with the correct information at hand.  I’ll tell the Council the same thing I tell my kids -  it’s imperative to do what’s right instead of what’s easy in order to be a better person, or in this case a better Council and a better Village Attorney.   

David Singer