Tuesday, December 15, 2009
The good, the bad, and the ugly - Happy Holidays!
Good Morning, Good Afternoon, Good Evening and if I don't see you later ... well then ... Good Night!
Your Wanch has been travelling quite a bit as it relates to other aspects of life and thus a number of items have occurred, under the radar, that most of our residents probably are unaware.
First, good things happen around town and should be noticed as prominently as some of the questionable items.
Thank you Alyn Kay for the following report:
Last month, about 24 town residents provided tree trimming and park & trail clean up. This occurred over two weekends and took place along SW 178 Ave., Volunteer Road, Hancock Road and the Equestrian Park. This was done by the tree huggers due to budget cuts town wide. Below is the cost estimate value, provided by the Town, of the work done by the volunteers. The value of the work is between $13,000.00 and $15,000.00. All of this was accomplished with the support of our Town Council and Town Administrator Charlie Lynn & December Haines. Way to go Town! Way to go Ranchers!
December Lauretano-Haines calculated some of the savings below:
Tree Trimming Savings $11,162
Mulch Savings $2,000
Mulch for the Town was generated by the 11/14/09 project. A resident mulched the tree trimmings, at no charge, providing equipment, manpower, and transport/fuel at his own expense. The yield was one full 22 yard truckload of mulched oak material, which is now stored at the Town’s nursery for curing and will be re-mulched at no charge to the town in the next 2 months after it has dried. The un-mulched amount was approximately 222 cubic yards of material, taken from locations on Volunteer Rd. in the Equestrian Park. Bulk mulch prices locally are between $16 and $35 per cubic yard (the Town pay $35 a cubic yard installed for Melaleuca mulch); therefore our savings on purchase of mulch material is between $352 and $770. Counting the machine time, manpower, transport of fuel costs for the service, the resident spent most of one day with 4 laborers (probably about $700), one dump truck ($280), himself, a professional grade chipper ($150) and a pickup truck. Possibly about $50 to $100 in fuel costs.
Thank you again to the volunteers who helped with this effort. Our volunteers are one of the Town’s greatest assets.
Next, I address this missive directly to the Sunshine Ranches Homeowners Association membership and its board.
Do you all remember what it was like in 2007 when the gang of eight ruled like Gestapo’s? Do you all remember what it was like in 2007 when the Sunshine Ranches Waggler was held hostage by the gang of eight thugs that only allowed their spoken / written words to grace the pages? Do you remember how the gang of eight went after a resident by complaining to his employer, and also went after another resident claiming she needed to be baker acted? And then the New York cowboy wanna be politician rode in on his painted steed and tried to finish the job for them when they were kicked out of office only to get kicked out of office himself due to his ignorance?
Take my advice Sunshine Ranches; keep your eye on the ball. You do whatever it takes to get Susan Kutz back on board as the editor of the Sunshine Ranches Waggler. She has been the best thing the Waggler has ever seen, bar none. Not to take anything away from Isolde when she was editor, but you must remember, Isolde was "restricted" by the gang of eight.
Don't allow one boisterous member to upset the apple cart. You have been heading in the forward most positive direction your HOA has seen since 1968.
Ms. Kutz, it may not matter a wit to you what I have to say, but in all sincerity (and trust me, I don't do this often) I Beg of you to reconsider your decision relinquishing the editorship position. The Sunshine Ranches Waggler is the envy of ALL Southwest Ranches communities as well as the envy of the Town itself because of YOU. Please continue your efforts. Don't let the rantings of one supersede the commendations and heartfelt appreciation from all of the others.
The needs of the many outweigh the needs of the few or in this case the complaints of the one.
I'm speaking to you Ms. Kutz, directly to you ... please?
Hope this is helpful.
Then, we have our SW Ranches Volunteer Fire Rescue Inc. Board of Directors who are still undecided about the fate of our volunteer fire department. They are meeting this week to decide whether they will turn over the fire department, assets, legal name, and non-profit corporation or not, forcing the Town to spend money to create a new volunteer fire department. Several sources have said that the Board, primarily former mayor Mecca Fink, Lil Sayre, and Susan Winn, are concerned with their personal liability. I don’t believe Mecca understand the bad will this is generating towards her; the other two may not care. Do they think that if they put the organization out of business, while turning over the assets to a newly founded volunteer fire department created by the town, they will escape any liability for actions taken under their governance?
The Board should familiarize themselves with Florida Statutes 607.0831 Liability of directors, 607.0834 Liability for unlawful distributions, and finally, 607.0850 Indemnification of officers, directors, employees, and agents.
The summary of these statutes is that even if they dissolve the corporation and in the past made a dumb decision and it was in good faith and didn’t break the law, they are OK, if they made an intentional bad decision, they can be held accountable. If they committed a violation of criminal law, intentionally or through neglect or ignorance, they can still be held liable. It’s doubtful the Town will do a forensic analysis of the SWVFRI Corporation to determine whether any frauds have been committed unless someone steps forward with knowledge or something is blatant. The corporate veil theory protects corporate directors from mistakes but not willful fraud, criminal activity, nor misconduct. Dissolving the corporation does not destroy evidence of criminal activity. You cannot shred witnesses nor can you destroy documents in files of others outside the conspiracy. People and paper trails always survive. Criminal investigators look for situations as we may have here: A non-profit corporation that has a dispute with a public organization, such as the Town over specious issues. This is an easy target for a public corruption investigation.
Therefore, even if laws were broken or the Board was negligent, the best, simplest and most graceful position the SWVFRI Board can take, in the interests of the volunteers and Town, is hand over the corporation aong with all of its assets to the Town for reorganization. Let’s see what the SWVFRI Board does in their meeting this week. There will be more information at the council meeting on Thursday night 12/17.
So, what’s happening on Griffin Road West? The road work is complete but the landscape is not! The job was “completed” over a month ago by the landscapers hired by Bergeron. The job was then inspected by Casey Lee representing the Town and independently by Landscape Architect Alyn Kay, a volunteer representing the Town. Both of these landscape professionals found hundreds of issues with the types and quality of landscape installed, locations (tall growing trees under power wires), installation (new sod over old, wrong dirt, plants planted too deep or shallow) etc. These issues were communicated to the county over a month ago with absolutely with no response. At the 12/3 council meeting councilmember Fisikelli said that he contacted Ron Bergeron about the landscape problem. Bergeron’s answer was that he has a one year insurance policy on the plants. Dead plants are only one issue among hundreds. Bergeron nor the County wants to acknowledge the hundreds of thousands of dollars of issues that need to be resolved. But you know that when Bergeron hosts a political fund raiser for Governor Crist this Thursday, out at his ranch, Money Acres, he will probably route the governor’s motorcade down Griffin Road so the Governor can see the signs for the rodeo grounds, orange trailers parked on the side of the road, and see his latest local project on Griffin Rd. The landscape looks great at 45 miles per hour. Will Ronnie get away without fixing the landscape? Given Ronnie's penchant for putting his name on everything he is remotely affiliated with, perhaps the Town shold put up a big sign orange sign saying "Landscaping mistakes brought to you by Bergeron Land Development" in four foot letters!
On a slightly separate topic, there might be a protest out at Money Acres on Thursday afternoon at 4 PM. The Governor has been connected to two high-profile Broward corruption scandals concerning Scott Rothstein and Alan Mendelson. Bergeron and his girlfriend Ali Waldman (lobbyist) are throwing a party, that for access to the Governor, could cost as much as $4800 per person. You know that Bergeron will likely be joined Thursday by lobbyists Bernie Friedman, George Platt and Ali Waldman, Ron Book and other Broward luminaries like Diana Wasserman-Rubin and our very own Richard Rubin. Of course Rick Case will always be on hand for a Bergeron party, as might Wayne Huizenga, and of-course Indian gambling shill Max Osceola will be there with his wallet open.
Politicians don’t call that influence peddling they call it fund raising. The line has become very blurry in Broaward over the past few years. I wonder how Bergeron got his seat on the Florida Wildlife Commission. Oh that’s right Governor Crist appointed him.
Finally, for all who missed the Sunshine Ranches Holiday Party on 12/13 at the Schroeer residence, rain and mud could not dampen the spirits of the attendees or Santa Claus! A big thank you to the members of the Sunshine Ranches HOA for sponsoring the annual event and a warm heart-felt thank you to Dee and Mike Schroeder for opening their home to host this wonderful party.
Happy Holidays!
That's All Folks!!!
Wanch Waggler
Thursday, November 19, 2009
Continued: Its my game and you can't play or how a few destroyed the 55 yr old Volunteer Fire Department
The attached note is the SW Ranches Volunteer Fire-Rescue, Inc. response to the Town Council's request for controlling interest of the Board of Directors. Former Mayor Mecca Fink will be attending to represent SRVFRI's interests.
Per Ms Sayre's note there is no response to the town's request for seats on the Board. She also mentions that they are seeking legal counsel. This Wanch hopes they do not reach out to Becker Polikoff. While they have used Gary Polikoff's talents in the past, since B-P provides our Town's legal counsel, there is clearly a conflict. Is amazing to think that the folks on the Board can personally justify spending volunteer money on legal advice. It seems they are maneuvering rather than trying to do the right thing. Their language in the attached is also very curious. They state they have a contract in place with the Town until 9/30/2010 and they state they "are ready, willing and able to fulfill our obligations under the contract". They said this because contractually, if they indicated they could not get the job done in any way, the SRVFRI Board would lose all control of the equipment and assets and be forced to relinquish to the Town. These words were chosen very carefully.
According to one source the SRVFRI Board may dissolve or turn it totally over, with none of the current BOD on it. If they dissolve they will liquidate the assets and perhaps turn over the the equity to another charity else the volunteer fire department may be turned over in tact by a simply voting in Town Council designates. Lets see where Sayre, Fink, Winn's loyalties lie. If they really care about the volunteers or our Town's public safety they will go quietly. If they fight it and create a legal battle, it will clearly be all about their egos and desire for power! They cannot win a fight with the town. A fight would only serve to besmirch their personal reputations and the fine reputation of the volunteer fire fighters.
A number of people have sent notes suggesting a protest outside town hall tonight objecting the SRVFRI Board's position on this issue. Others are prepared to speak at the meeting. If you care about this important issue please attend tonight's meeting and support the position of your choice. If you cannot make it, please epxress your position to the SRVFRI Board with a phone call or contact the council at any of the number published on the town website.
Let your voices be heard: http://wanchwaggler.blogspot.com
That’s all Folks!!!!
SOUTHWEST RANCHES VOLUNTEER FIRE-RESCUE, INC.
17220 Griffin Road Southwest Ranches, FL 33331
Mr. Charles H. Lynn, AICP,
Town Administrator
Town of Southwest Ranches
6589 SW 160 Avenue Southwest Ranches, FL 33331
Re: Southwest Ranches Volunteer Fire-Rescue, Inc.
Dear Mr. Lynn:
Our Board of Directors, consisting of Mecca Fink, Alyn Kay, Lily Sayre and Susan Winn, held a meeting on November 17, 2009. We are looking into hiring an attorney to help facilitate a transition with the Town for the volunteer fire organization.
We recognize that we currently have a contract with the Town that expires September 30, 2010, and are ready, willing and able to fulfill our obligations under the contract.
Very truly yours,
(Mrs.) Lily A. Sayre for the Board
cc: Mayor Jeff Nelson
Vice-Mayor Steve Breitkreuz
Council Member Freddy Fisikelli
Council Member Aster Knight
Council Member Doug McKay
Gary Poliakoff
Keith Poliakoff
Tuesday, November 17, 2009
Additional perspective - Its my game and you can't play or how a few destroyed the 55 yr old Volunteer Fire Department
Good Morning, Good Afternoon, Good Evening and if I don't see you later…well then…Good Night!
That’s all Folks!!!!
Good Morning!Thanks for the kind words... I think. It's nice to know that people appreciate the years of meetings and scores of hours I've put into trying to make the Volunteer Fire Department a viable, efficient and effective organization with some of the best Volunteer Fire Fighters in the Country.I personally have raised thousands of dollars and donated a trailer to carry our emergency fuel tankin our effort to provide a better type of service to this town, including our Large Animal Rescue Unit and our unique Attack Truck.Usually your information is accurate, however you failed to mention three issues which made some of the SWRVFD BOD very defensive and might have contributed to escalating this issue.Issue # 1. According to some of the SWRVFD BOD and the VFD Officers, the Fire Truck the town owns had repairs required to the tune of about $19,000.00. Allegedly, the Town told the SWRVFD Officers to repair the truck immediately and the Town would reimburse the SWRVFD operations checking account, upon completion of the repair. The Town did not reimburse SWVFD.Issues #2, while trying to acquire a majority of the BOD of the SWVFD, the Town, despite a contract with the SWVFD withheld contractually obligated operating expenses until the BOD issues was resolved. Hello, the operating expenses does not go to the BOD! It goes to keep the firefighters in the field. The town eventually deliver those operating expenses.Again, I was not directly a part of these conversations, but no one from the Town, or the BOD, or the officers has informed me of anything different.Issue #3 Over eighteen months ago, after questioning some of the long standing policies and procedures, and at my request, the SWRVFD recognized some policies and procedures, which in my opinion we not in the best interest of the SWRVFD or the Town. By a unanimous majority vote, the BOD approached the Town to change the yearly, and automatically renewable contract, between the SWRVFD and the Town. The Town turned down our request.About a month ago, I, with the help of our Town Administrator tried to reach a compromise with the SWRVFD and the Town Council. The purpose of the compromise was to have a smooth transition to the changes that the Town Council wanted. That compromise was not acceptable to the Town Council.The bottom line with regard to this issues is that the SWVFD needs to run it like a business. If the SWRVFD has only one client (the Town), the SWRVFD needs to provide what their one and only client wants. The last thing that I do not want to see happen is to loose the interest of any of our fine Volunteer Fire Fighter over this struggle.I'm sure that you will provide this information to our fellow Gnome Readers too.Thank you, Alyn KayDear Southwest Ranches Friends and Neighbors:
Good Morning, Good Afternoon, Good Evening and if I don't see you later…well then…Good Night!
Did you know that the Southwest Ranches Volunteer Fire Dept has been around in various forms and names for over 55 years? The original organization was the Davie Volunteer Fire Department, which was chartered on October 6, 1952. The fire department has serviced at one point most of SW Broward and since 2000, exclusively the Town of Southwest Ranches. Over that long span, it has had seventeen chiefs and the rank and file of firefighters and emergency medical staff have always done a good job. Now, the Wanch is told, the volunteer fire department Board of Directors wants to disband and dissolve the organization.
In its current form the group we view as “our” fire department is legally named the Southwest Ranches Volunteer Fire-Rescue, Inc (SRVFRI). In fact, “our” fire department is actually BSO’s Department of Fire Rescue. The fire fee paid with your real estate taxes pays for fire services and a big portion of SWR ad velorem taxes pays for BSO emergency medical and rescue services. SRVFRI relies on the town for the lion’s share of it funding.
SRVFRI is a non-profit corporation that maintains a relationship with the Town via a contract signed in 2001. The Town has no control, no say, and no influence. In the contract the SRVFRI agrees to provide fire rescue services, the Town consents to pay up to $30 thousand and the amount may increase based on service level needs. Lately the SRVFRI has asked for over $80 thousand. The town presently is paying for the SRVFRI’s pump truck and has supported SRVFRI’s grants and other funding sources including its fund raising efforts. The Town and resident have always view the volunteers as a worthwhile organization and have provided resources as requested. Thank you for bearing with your Wanch but this stuff is important.
Some more legal stuff but I promise, it will get better. Its Charter and by-laws govern SRVFRI, as a corporation. The by-laws set up the organization as a Social Welfare Corporation described in section 501(c) (3) of the IRS code, which defines it as a charitable organization providing for tax-deductible donations. It also means that if the organization dissolves it must transfer its remaining assets to another charitable organization; the Board, fire fighters and the town has no rights to its assets.
Now for the questionable stuff. The SRVFRI By-laws name a Board of Director to carry out the corporate business. The chief is appointed, the secretary /treasurer are elected by the Board and the three member Board serve for life unless they quite or move out of Broward county. Only the Board can elect board members. By law, as recorded with the State of Florida, Lil Sayre is the Secretary/Treasurer, Dick Christensen is a director, Susan Winn, Alyn Kay, Gregory Waltz, and former Mayor Mecca Fink are directors(FOR LIFE). Technically, they are in violation of their by-laws. Christiansen now lives in Naples (out of Broward County) and Waltz says he has not attended a meeting in ages. While the Board has the legal responsibility to follow the charter and by-laws, above is just one of many instances where they ignore their legal responsibility.
Now for the interesting issues that have arisen of late.
As the Town Administrator was forced to significantly cut the Town’s spending, this years SRVFRI request for a $90 thousand payment, got the SWR council’s attention. At a recent council meeting, when SRVFRI was asked where the funds were going to be spent the answer was to build membership. While everyone else was cutting, they are expanding. When asked whether the Town had any input, the SRVFRI representative said the Vice Mayor was actually also supposed to be the fire commissioner. No one told VM Breitkreuz he was a commissioner; nor is there a fire commissioner defined in the charter and by-laws. It was explained that it is more of a metaphorical or symbolic position that no one has held it since the late Johnny Dollar passed away in 2002.
There are some problems here. When the town said they want seats on the board, they were told no. Later when threatened with de-funding, the SRVFRI countered with two seats. The town let the Board know that two seat were unacceptable and gave the Board until Friday to repond. Now the Board is stalling. Recently the Board informed the town that they had no money to operate the organization while it is publically know that they had $30 thousand in the bank. The board does not want any oversight by the town or the fire fighters. The captain and lieutenants, who run the organization day-to-day, have said publically that the board does not provide any direction or policy to the fire fighters not do they solicited feedback from the fire fighters to make policy decisions. The fire fighters are caught in the middle. There are no problem with the fire fighters, they are conscientious and do a good job. The problem is with the board of directors.
Lil Sayre and Susan Winn were formerly heavily involved in town affairs. Both also were running the Sunshine Ranches HOA when the organization was disbanded and reorganized by the residents. The current Sunshine Ranches Board can elaborate on that situation.
Mecca Fink, a long time proponent of the volunteers, was the mayor who presided over the Town when the SRVFRI was formed and while SWR Town Administrator John Canada and his friends were written up in the local newspapers for running one of most corrupt municipalities in Broward, Southwest Ranches. Canada was charged with ethics violations.
Alyn Kay was recruited by Fink and has been on the Board since Dollar’s passing. While Kay has had his issues with Town Hall and some residents, he seems to be reasonable towards the Town’s interests with the volunteer fire department and has spoken on behalf of the fire fighters.
Here is the crux of the problem, Sayre, Winn, and Fink do not want to cede control of the last thing they have in their power, our 55 year old volunteer fire department. While the town has provided the SRVFRI funds since the organization was formed, the corporation owns the equipment.Unless you, our residents, can persuade this SRVFRI Board of Director (Fink, Sayre, Winn and Kay) that it would be wrong to dissolve the volunteer fire department, it is likely they will sell off the equipment, including the gear used by the fire fighters, and donate the proceeds to the charity of their choice. If you personally know any of these folks, please call them and tell them we want to keep the volunteer fire department going and to turn the department over to Town.Let your voices be heard: http://wanchwaggler.blogspot.com
That’s all Folks!!!!
Monday, November 16, 2009
Its my game and you can't play or how a few may destroy the 55 yr old Volunteer Fire Department
Did you know that the Southwest Ranches Volunteer Fire Dept has been around in various forms and names for over 55 years? The original organization was the Davie Volunteer Fire Department, which was chartered on October 6, 1952. The fire department has serviced at one point most of SW Broward and since 2000, exclusively the Town of Southwest Ranches. Over that long span, it has had seventeen chiefs and the rank and file of firefighters and emergency medical staff have always done a good job. Now, the Wanch is told, the volunteer fire department Board of Directors wants to disband and dissolve the organization.
In its current form the group we view as “our” fire department is legally named the Southwest Ranches Volunteer Fire-Rescue, Inc (SRVFRI). In fact, “our” fire department is actually BSO’s Department of Fire Rescue. The fire fee paid with your real estate taxes pays for fire services and a big portion of SWR ad velorem taxes pays for BSO emergency medical and rescue services. SRVFRI relies on the town for the lion’s share of it funding.
SRVFRI is a non-profit corporation that maintains a relationship with the Town via a contract signed in 2001. The Town has no control, no say, and no influence. In the contract the SRVFRI agrees to provide fire rescue services, the Town consents to pay up to $30 thousand and the amount may increase based on service level needs. Lately the SRVFRI has asked for over $80 thousand. The town presently is paying for the SRVFRI’s pump truck and has supported SRVFRI’s grants and other funding sources including its fund raising efforts. The Town and resident have always view the volunteers as a worthwhile organization and have provided resources as requested. Thank you for bearing with your Wanch but this stuff is important.
Some more legal stuff but I promise, it will get better. Its Charter and by-laws govern SRVFRI, as a corporation. The by-laws set up the organization as a Social Welfare Corporation described in section 501(c) (3) of the IRS code, which defines it as a charitable organization providing for tax-deductible donations. It also means that if the organization dissolves it must transfer its remaining assets to another charitable organization; the Board, fire fighters and the town has no rights to its assets.
Now for the questionable stuff. The SRVFRI By-laws name a Board of Director to carry out the corporate business. The chief is appointed, the secretary /treasurer are elected by the Board and the three member Board serve for life unless they quite or move out of Broward county. Only the Board can elect board members. By law, as recorded with the State of Florida, Lil Sayre is the Secretary/Treasurer, Dick Christensen is a director, Susan Winn, Alyn Kay, Gregory Waltz, and former Mayor Mecca Fink are directors(FOR LIFE). Technically, they are in violation of their by-laws. Christiansen now lives in Naples (out of Broward County) and Waltz says he has not attended a meeting in ages. While the Board has the legal responsibility to follow the charter and by-laws, above is just one of many instances where they ignore their legal responsibility.
Now for the interesting issues that have arisen of late.
As the Town Administrator was forced to significantly cut the Town’s spending, this years SRVFRI request for a $90 thousand payment, got the SWR council’s attention. At a recent council meeting, when SRVFRI was asked where the funds were going to be spent the answer was to build membership. While everyone else was cutting, they are expanding. When asked whether the Town had any input, the SRVFRI representative said the Vice Mayor was actually also supposed to be the fire commissioner. No one told VM Breitkreuz he was a commissioner; nor is there a fire commissioner defined in the charter and by-laws. It was explained that it is more of a metaphorical or symbolic position that no one has held it since the late Johnny Dollar passed away in 2002.
There are some problems here. When the town said they want seats on the board, they were told no. Later when threatened with de-funding, the SRVFRI countered with two seats. The town let the Board know that two seat were unacceptable and gave the Board until Friday to repond. Now the Board is stalling. Recently the Board informed the town that they had no money to operate the organization while it is publically know that they had $30 thousand in the bank. The board does not want any oversight by the town or the fire fighters. The captain and lieutenants, who run the organization day-to-day, have said publically that the board does not provide any direction or policy to the fire fighters not do they solicited feedback from the fire fighters to make policy decisions. The fire fighters are caught in the middle. There are no problem with the fire fighters, they are conscientious and do a good job. The problem is with the board of directors.
Lil Sayre and Susan Winn were formerly heavily involved in town affairs. Both also were running the Sunshine Ranches HOA when the organization was disbanded and reorganized by the residents. The current Sunshine Ranches Board can elaborate on that situation.
Mecca Fink, a long time proponent of the volunteers, was the mayor who presided over the Town when the SRVFRI was formed and while SWR Town Administrator John Canada and his friends were written up in the local newspapers for running one of most corrupt municipalities in Broward, Southwest Ranches. Canada was charged with ethics violations.
Alyn Kay was recruited by Fink and has been on the Board since Dollar’s passing. While Kay has had his issues with Town Hall and some residents, he seems to be reasonable towards the Town’s interests with the volunteer fire department and has spoken on behalf of the fire fighters.
Here is the crux of the problem, Sayre, Winn, and Fink do not want to cede control of the last thing they have in their power, our 55 year old volunteer fire department. While the town has provided the SRVFRI funds since the organization was formed, the corporation owns the equipment.
Unless you, our residents, can persuade this SRVFRI Board of Director (Fink, Sayre, Winn and Kay) that it would be wrong to dissolve the volunteer fire department, it is likely they will sell off the equipment, including the gear used by the fire fighters, and donate the proceeds to the charity of their choice. If you personally know any of these folks, please call them and tell them we want to keep the volunteer fire department going and to turn the department over to Town.
That’s all Folks!!!!
