Loading...
HomeMy WebLinkAbout2008 08 11 Referenced During Commissioner Brown's ReportsDate: August 11, 2008 The attached document was referenced during Commissioner Brown's "Reports" during the August 1 1, 2008 City Commission Regular Meeting. Albert P. Massey, III Chair Charles Lydecker Vice Chair Michael W. Brown Linda D. Conahan Cheryl Forchilli Larry R Handheld Latour "LT" Lafferty Roy Rogers Thomas P. Scarritt, Jr. State of Florida COMMISSION ON ETHICS P.O. Drawer 15709 Tallahassee, FL 32317-5709 3600 Maclay Blvd., South, Suite 201 Tallahassee, FL 32312 August 4, 2008 Philip Claypool Executive Director Virlindia Doss Deputy Executive Director (850) 488-7864 Phone (850) 488-3077 (FAQ www.ethics.state.h.us CERTIFIED MAIL Commissioner Rick Brown 1126 S.R. 434 Winter Springs, FL 32708 RE: Complaint No. 08-097, In re RICK BROWN Dear Commissioner Brown: RETURN RECEIPT REQUESTED ^ on ~ en ~a The above-captioned complaint, recently received in the office of the Commission on Ethics, is being transmitted to you pursuant to the requirements of Section 112.324, Florida Statutes. This office will forward all future correspondence in this matter to you at the above-listed mailing address unless otherwise notified of a change in your address. This transmittal is a routine administrative requirement which should not be construed as an approval, disapproval, or judgment of the complaint, either as to its terminology or merits. Please note that this complaint, as well as all of the Commission's proceedings and records relating to the complaint, remain confidential either until you make a written request to the ___Commission that such_records_he_wade_public_Qr_ until _the_complaint_reaches a_stage in the_ Commission's proceedings where it becomes public. Unless we receive a written waiver of confidentiality from you, our office is not free to release any documents or to comment on this complaint to members of the public or the press, so long as the complaint remains in a confidential stage. The Commission's procedures on confidentiality do not govern the actions of the complainant or the respondent. The following information is submitted to aid you in understanding the three procedural stages which a complaint may go through under the Commission's rules. The first stage in our complaint process is a determination of whether the allegations of the complaint are legally sufficient, that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation and all records relating to the complaint will become public at that time. ' RICK BROWN Page 2 August 4, 2008 If the complaint is found to be legally sufficient, a preliminary investigation will be undertaken by the investigative staff of the Commission. The second stage of the Commission's proceedings involves the preliminary investigation of the complaint and a decision by the Commission of whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the complaint is investigated, you and the complainant will be given an opportunity to speak with the investigator. You also will be sent a copy of our investigative report prior to any action by the Commission and will be given the opportunity to respond to the report in writing. If the Commission finds that there is no probable cause to believe that there has been a violation of the ethics laws, the complaint will be dismissed and will become public at that time. If the Commission finds that there is probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and enters the third stage of proceedings, which requires that the Commission decide whether the law actually was violated and, if so, whether a penalty should be recommended. At this stage, you have the right to request a public hearing (trial) at which evidence would be presented, or the Commission may order that such a hearing be held. Public hearings usually are held in or near the azea where the alleged violation occurred. You will be notified of the Commission's decisions at each stage and are entitled to be represented by legal counsel during our proceedings. Upon written request, documents and notices regazding the complaint will be provided to the attorney. If you aze unfamiliar with the ethics laws and the Commission's responsibilities, Iencourage you to access our website at www.ethics.state.fl.us, where you will find publications, rules, and other information. If there aze any questions concerning this complaint or the procedures being followed by the Commission, please feel free to contact Ms. Kaye Starling, our Complaint Coordinator, at (850) 488-7864. Philip laypool Executive Director Enclosure cc: Mr. Edward Martinez, Jr., Complainant STATE OF FLORIDA COMMISSION ON ETHICS COMM1SSIpN P. O. DRAWER 15709, TALLAHASSEE, FLORIDA 92317-5709 pN OA~RFCErt p~~ COMPLAINT 08-097 1. PERSON RINGING COMPLAINT: Namea~ ~` Telephone Number: Address: ~~~`~ ~j1~ 1 City, ~~~~'f~%G- - ~i ~ 2~ j`-S Coun ~ ~~' p 11008 ~!G -7 3S l S ~ 1( 7 Zip Code: -~~ ~~ 2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Current or former public officer, public employee, candidate, or lobbyist -please trse one complaint form for each person you wish to complain against: i ~ ,,,,,,~ ~. ~: f/~ ~,z.s Name ~%'~''~'SS~Oi; `~" '~~`~ ~ Telephone Number: Address City: / ~'~ T~iL ~p.2 i ".'~--5 Title of office or position held or sought: _ County: •~~''y~~ w c ~~ 1 /i ~/f G vf~~~sS~o~~~',~. ~~U~~ Zip Code: `3 3. STATEMENT OF FACTS: Please explain your complaint fully, either on the reverse side of this form or on additional sheets, providing a detailed description of the facts and the actions of the person named above. Include relevant dates and the names and addresses of persons whom you believe may be witnesses. If yotr believe that a particular provision of Article II, Section S, Florida Constitution (the Sunshine Amendment) or of Part III, Chapter 112, Florida Statutes (the Code of Ethics for Public Officers and Employees) has been relevant, your description of them will suffice. Also, please do not submit video tapes or audio tapes. 4. OATH STATE OF FLORIDA ' _- COUNTY OF_ _ -- ~c-. ~~i ~i,~U/~ I, the person bringing this complaint, do depose on oath or affirmation and say that the facts set forth in the foregoing complaint and attachments thereto are tr-tre and correct to the best of my knowledge and belief. .,. ~ - ~-- ~= ,~.~ ~_,~~,., r ~ ,, -~~ ..«a/, ' ~-~ ~ ' SIU'~NATURE OF OMPL ANT Sworn to (or affirmed) and subscribed before me this oZg~~ day of ~-~ ~ ~ ~ , (name of person making statement) (Signature of Notary Public - State of Florida) ___D T-L~~_. n1_:~~ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification X Type of Identification Produced: _ ~~~dcL ~~r~~ P~v` s lic~.vtc-e CE FORM 50-EFF. 4/2008 ~~~ar pis, DEANNA T. NE..~'ELL ;.=o~ ~~, Notary Publlc -State of Flori~i~:~ '_•. .' cMYCon-.-nksionE~~SeP:k1.2iA8 =;~` `a:= Commission # OD 359042 I "' ~:OF "°"~, Bonded By National NotaryAssn. / ,.,,~ Jurisdiction of the Commission: The Commission on Ethics has the authority to review and investigate complaints concerning possible breaches of the public trust (violations of the State's ethics laws) by public officers, public employees, and similar persons involved with state and local government in Florida, including Executive Branch lobbyists. Complaints about the actions of Judges should be brought to the Judicial Qualifications Commission, and complaints against attorneys in private practice should be made to The Florida Bar. Procedures followed by the Commission: The Commission follows athree-stage process when it considers complaints. The first stage is a determination of whether the allegations of the complaint are legally sufficient, that is, whether the complaint indicates a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation and all records relating to the complaint will become public at that tune. If the complaint is found to be legally sufficient, the investigative staff of the Commission will begin an investigation. The second stage of the Commission's proceedings involves this investigation of the complaint and a decision by the Commission of whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission finds that .there is no probable cause to believe that there has been a violation of the ethics laws, the complaint will be dismissed and will become public at that time. If the Commission finds that there is probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and enters the third stage of proceedings. The third stage requires that the Commission decide whether the law actually was violated and, if so, what penalty should be recommended. This stage requires a public hearing (trial) at which evidence would be presented. Attorney's Fees: If the complaint is dismissed, the person against whom the complaint is filed can file a petition to have the complainant pay his or her attorney's fees, which will be awarded after a hearing if the Commission finds that the complaint was made with a malicious intent to injure the official's reputation, the complainant knew that the statements made about the official were false or made the statements about the official with reckless disregard for the truth, and the statements were material. Confidentiality: The Commission cannot accept anonymous complaints and cannot keep the identity proceedings and recoc•ds relating to the complaint, is confidential and exempt from the public records law either until the person against whom the complaint is made waives confidentiality, or until the -complaint reaches - a -stage in -the Commission's- proceedings- where - itr-becomes -public--- The Commission's procedures on confidentiality do not govern the actions of the complainant or the person against whom the complaint is made. Legal Counsel: Both the complainant and the person complained against can be represented by legal co~insel during the Commission's proceedings. Other Information: More information about the ethics laws and the Commission's responsibilities is available at the Commission's website, www.ethics.state.fl.us, which contains publications, rules, and other information. G/ Hon. Phillip Claypool Executive Director & General Counsel State of Florida Ethics Commission P. O. Drawer 15709 Tallahassee, FL. 32317-5709 Sir: July 28, 2008 QAI~~Fe~~.ON/CS QuG ~ ~ 10Og I spent 23 years with the City of New York Police Department and retired as a Homicide Detective. I spent 6 years with the State of New York Attorney General Office and was the Investigator In Charge of the Criminal Prosecutions Bureau that I assisted in co-founding. It was the greatest white-collar crime-fighting unit throughout the State. I then became Deputy Commissioner In-Charge of Security for the Department of Corrections in Puerto Rico. I have been licensed as a P.I. in New York, Puerto Rico and Florida. I believe in following instructions and am familiar with sensitivity of investigations. Therefore, I am resubmitting the complaint duly sworn and notarized, as it is the required standard of your office in order to avoid future disappointments. If one reads through the complaint it would become obvious that the target of the complaint is Commissioner Rick Brown whose wife is on a City Board that provides information to the Commission who has to make final decisions on expenditures of large sums of money by an Assessment District. He is the one that went outside the norm and instead of following policy and procedure proceeded to develop a project that could result in huge monetary gains for his former employer and political supporter; Bart Phillips. He enticed the Mayor and other Commissioners into the web in order to accomplish his commitment. - __ __ - - One of the pervasive issues that stands out is the fact that Bart Phillips who owes the City of Winter Springs thousands of dollars assessed through violations of Code for many years now wishes to have the fines waived and depends on the Commissioner and two others; one is running for re-election and the other has been picked by Commissioner Brown to run against Commissioner Don Gilmore in order to have the necessary votes in the Commission to bring about their dastardly deed and who currently has been employed by Bart Phillips and who is also involved in the current adverse request for a change in land use and rezoning needed to make the property worth millions. I learned while in the Police Academy that investigations are borne out of complaints. Someone has to dig and turn the puzzle into a picture and not reject a legitimate complaint by merely reading its contents. .~ I am merely resubmitting this complaint for I wish to cover myself in the event this blows up into a full fledged corruption incident involving violations of Sunshine Laws plus the fact that I have to have supporting evidence to demonstrate that a legitimate effort took place to avoid an embarrassing chapter in the history of our great City. Respectfully re-submitted, Edward Martinez Jr. ~ CORfMISSIt~N p~ ~-~~~ 205 Little Creek Lane ~~ RECEOS/Ep Winter springs, Fl. 32708 Qt/b 0 1 200N `1 CG1~1~41SS{0~! GPI E i riiCS CE;TE REG~I`Ji=G July 1, 2008 State of Florida Commission on Ethics P. O. Drawer 15709 Tallahassee, Fl. 32317-5709 ATTN: Phillip Claypool Executive Director & General Counsel I am perplexed at your response to my complaint of Apri120, 2008 and am resubmitting it with this cover letter stating the obvious Sunshine violations regarding conflict of interest, illegal voting, illegal meetings, and consulting by public officials of Winter Springs without public acknowledgment just to name the most obvious. Winter Springs City Commission Meeting of February 28, 2008: The transcript of this meeting relating to Mr. Phillips project interests clearly indicates that only Commissioner Brown had obviously been meeting frequently with Phillips on his Interests to be presented to the City Commission at some point in the near future. Since no one including city staff knew the details that Commissioner Brown did, it was decided to hold a Commission visit to the Phillips location on March 14, 2008. 2. Winter Springs Commission site visit to Phillips property on March 14, 2008: The visit resulted in statements being made by Phillips and his project manager, with Commissioner Brown standing nearby, that Seminole County and other local Government agencies like SJWMJ and DOT were already aware of Phillips plans and supported and approved of them, but no City Staff nor three City Commissioners were aware of any of these details (Krebs, McGinnis and Miller) 3. Winter Springs City Commission Meeting of March 24, 2008: A discussion was neia to scneauie a ~ommtssion workshop to aiscuss vanous rnuups interests which were still murky to the Commission and City Staff. Commissioner Brown insisted the workshop NOT BE a workshop but a `SPECIAL COMMISSION MEETING' so Commissioners could vote on Phil ips issues en-as e w y-the urgency Commissioner Brown stated "we have fooled around with this long enough." 4. Winter Springs City Commission Meeting of April 4, 2008: At this meeting Commissioner Brown publicly stated that he and Commissioner Gilmore had been Consulting with Phillips on Phillips project, but neither bothered to elaborate or recuse themselves from the voting that followed to move Phillips interests forward. Commissioner Brown's public comments to Phillips from the dais that night were, "I don't think we've seen an applicant, at least I haven't, who has answered as many question as raised. It's a very comprehensive and thoughtful presentation, giving light to the amount of time Commissioner Gilmore spent working on this as well, and consulting with you." From the rest -i of Commissioner Brown's comments just before and after the above statement on April 4, 2008, he makes it obvious that he and other Commissioners, as consultants should have recused themselves from voting, especially as according to Brown two sitting Commissioners were involved. In closing, as already pointed out in other circumstances surrounding my complaint already submitted, what makes this incident so sickening is that the conflict of interest was more insulting because Commissioner Brown worked for Mr. Phillips before Brown's election to the Winter Springs City Commission two years ago. Commissioner Brown also received heavy campaign contributions from Mr. Phillips and several of Phillip's business interest in his 2006 election campaign. Then upon entering office, Brown immediately appoints Mr. Phillips to the prestigious Central Florida Metro Plan Orlando Board. Presently Commissioner Brown is supporting Gary Bonner for election against Commissioner Gilmore and Phillips has hired Gary Bonner as his employee. Is it any wonder Americans think their government is corrupt? Sincerely, -~dwar artinez/Jr~ 205 Little Creek Lane Winter Springs, Fl. 32708 Encl: Resubmitted Complaint and Complaint Form (~ Albert P. Massey, 111 Clrair Charles Lydecker Vice Clrair Michael W. Brown Linda D. Conahan Cher~~l Forchilli Larrv~ R. Handheld Latour "LT" Lafferty Roy Robers Thomas P. Scarritt, Jr State of Florida COMMISSION ON ETHICS P.O. Dra~~~er 15709 Tallahassee, FL 32317-5709 3600 Maclay BI~•d., South, Suite 201 Tallahassee, FL 32312 Philip Cla~~pool C~ecutive Director Virlindia Doss Deputy E.~ecuti~~e Director (850) 488-7864 Phone (850) 488-3077 (FAX) «w~~.ethics.state.fl.us ,lone 2, 2008 Mr. Edward Martinez, .l r. 10~ Little Creel: Lane Winter Springs, FL 32708 Dear 1\~lr. Martinez: Enclosed are the complaint materials you recently submitted regarding the City of Winter Springs. The jurisdiction of the Colllmission on Ethics is limited to the conflict of interest and ethics laws found in Part I(I, Chapter 112, Florida Statutes, and Article IL Section 8, Florida Constitution. A Guide brochure to those laws is enclosed for your information. The CO1111171SS1o11 on Ethics has no authority over the "Sunslune Law," which is contained in Section 286.01 1, Florida Statutes, and which prohibits discussion between two members of the same board or commission about public business outside an oftlcially noticed meeting. As a violation of that law can carry criminal penalties, enforcement of the "Sunshine Law" is handled through the State Attorneys. If you believe that there may have been a violation of that law, you should contact your local State Attorney. As indicated in the Guide brochure, the Ethics Commission has the authorlty to ulvestlgate possible violations of the ethics laws when it receives complaints, filed using the Commission's complaint form.__1f }~cw would_lil:e_a copy_~f that. form, let my office Know and we will send you - - -- one; alternatively, you can download a copy from our website - wwvv.ethics.state.tl.us. As the complaint form states, in order to investigate a possible violation of the State's ethics laws the complainant must describe the facts and the actions of the person named in the complaint. Because complaints before the Commission are confidential through the investigative stage. complaint charges against one person should not reference any complaint against another person. Complaints can refer to facts involving other persons, but should not indicate that a complaint is being f71ed against anyone else. Sincere V .(~ Philip 'laypool~~~~ Executive Director and General Counsel Enclosures: Complaint doculaents; Guide May 19, 2008 Executive Director COMMISSJON ON ETHI(;~. State of Florida Ethics Commission DATE RF"~" ~~-~ Tallahassee, Florida 32317 1~AY 2 ' 7t-~ Dear Executive Director: The accompanying complaint was erroneously sent to the Elections Commission in an effort to tie it together with an earlier complaint and was returned with instructions to forward it to your office. I am now forwarding the enclosed complaint and enclosures for your perusal and action deemed appropriate. Thank you and God bless. -:~~ `Edward Martinez 105 Little Creek Lane Winter Springs, Fl. 32708 407 359 5197 April 20, 2008 Ms. Bonnie J. Williams, Executive Director State of Florida Ethics Commission P. O. Drawer 15709 Tallahassee, Florida 32317-5709 Dear Executive Director: The following complaint is provided to the Florida EthicsCommission for apparent serious Sunshine violations, which have been taking place in Winter Springs, by members of the Commission for many months. The complaint is presented in three parts to assist the Ethics Commission with background for the complaint. It mainly concerns the National Seminole County Trailways crossing the City of Winter Springs and very questionable practices by elected City officials acting in concert to assist one Bart Phillips, whose property is described below. Part A. Background Information for the Complaint Part B. The Complaint Part C. Details supporting the complaint PART A Mr. Bart Phillips is the owner and operator of the properties in the City of Winter Springs Industrial Zone, known as, the 419 Metal and Auto Recycling Center, 600 Old Sanford- Oviedo Road, Winter Springs, Florida, referred to hereinafter in this complaint as (MARC). In recent years MARC has experienced considerable compliance problems with the City of Winter Springs, Seminole County, and Federal authorities such as EPA. These roblems arise out of a variety of serious industrial code violations for excessive noise, contamination of air, water, and conducting business operations not aut onze under existing code and/or regulations. These have unfavorably impacted nearby property owners who have had serious concerns about Mr. Phillips and his company's -_ _ _ _ _ _ _ __ __ _ _ - __ failure to comply with practices not authorized on his property. These practices involved non-conforming land use issues: meaning Phillips and MARC have apparently been conducting commercial operations not authorized on MARC premises at the time Mr. Phillips purchased it, and for which he still has no such approval. MARC's non-conforming land use has involved large scale crushing of huge quantities of scrap metal on his property, which was never authorized. Involved were hundreds of thousands of tons of scrap metals and toxic industrial debris from the Southeastern area of the United States. Crushing included tens of thousands of automobiles and an assortment of other scrap such as bridge spans, and household debris like water heaters, air conditioners, and appliances. Massive mountains of metal debris accumulated on his property. Disposal practices by MARC also violated city regulations, with huge piles of crushed cars and debris constantly stacked illegally along the State Road 419 roadway ~I just across from city residential areas and presently close to a new elementary Public school. This too has gone on for many years as Phillips and MARC ignored local area residents complaints. For Mr. Phillips, MARC, and his associates it was an incredibly profitable time, while for local area residents and taxpayers it was a nightmare of industrial pollution, noise, and debris. MARC frequently violated normal business hours by illegally loading debris at night and in the early morning hours into waiting CSX railroad boxcars, endlessly irritating local area residents. MARC's business practices and failure to comply with normal regulatory laws over the past several years resulted in fines of over $18,500. against MARC. Bart Phillips has ignored these fines and refused to pay them through his challenges to the City since approximately 2002------instead accusing the City of Winter Springs of being a business unfriendly place. Fines and warnings against Mr. Phillips of MARC by city and other regulatory agencies apparently involved negligence in the disposal of such things as vehicle contaminants; motor oils, hydraulic fluids, battery acids, and engine coolants. Back around 1998 Winter Springs residents within miles of this industrial park were heavily polluted when an industrial site adjacent to MARC caught fire. Clouds of black acrid choking smoke blew over city west-side communities for two weeks. So serious was the fire that fire units from Winter Springs, Casselberry, Longwood and Seminole County could not control it. In the aftermath the city learned that this industrial operator, like MARC today, being inexperienced, had also grossly abused its business permits. Hundreds of thousands of used tires on the site exceeded permitted use by an incredible estimated 600%. Today it is Mr. Bart Phillips and MARC whose careless business attitude still endangers both school and residential owners adjacent to his property. The nature of Mr. Phillip's MARC industrial junk yard operation reflect his belief that, like the tire factory owners before him that he has the right to operate a business on his property as he wishes, and that city efforts to get him to comply with regulations applicable to land uses such as his -VIOLATES HIS RIGHTS TO DO WHAT HE WANTS. In my previous complaints to the Commission I have explained the efforts of a few rich .and influential individuals to disrupt the~olitical process_in our City through the support __ -- - __ of selective candidates, individuals bound to these interlopers and based on the fact that if you can influence three of five Commissioners one might have long standing fines reduced and/or eliminated. More recently there is a big push by Mr. Phillips to have the Seminole County Trails run through his property because it would increase the value of his land while asking the Commission to change the land use code to build a vehicle storage business (garage). One and more Commissioners have been in private consultations with Mr. Phillips regarding the latter. This is a matter pending before the Commission and the City recognizes that all applications and discussions before a project is presented to the Commission is to follow the business chain and handled by the City Manager. These negotiation now involve the following: Commissioner Rick Brown -Winter Springs -Lead negotiator and former employee of Mr. Bart Phillips /~ Robert Goff -Mayor, City of Casselberry and recently employed by MARC as a Consultant and/or project manager for this project. Gary Bonner -Recently employed by MARC to work on the project and currently a candidate for the office of Commissioner, Winter Springs -Seat #3 Mr. Bonner's campaign is being run by Denise Ryser, Brown's former campaign manager and currently his political aide and the person who recruited Gary Bonner to run for seat #3 and who has publicly stated that she will be his campaign manager. Ms. Denise Ryser is also the campaign manger for JoAnn Krebs, City Commissioner -Seat #5 who is running for re election and part of the Brown, Krebs, Bonner team. Mayor and other Commissioners actively representing the constituents in Winter Springs. In mid-2006 as then forthcoming city elections approached, Mr. Phillips evidentially decided he would get rid of those elected officials in Winter Springs government who stood in his way, following the earlier pattern designed by a former judge residing in Winter Springs. Phillips spent thousands of dollars for a large commercial billboard sign in color along State Road 419 near his property and in support of Rick Brown, his former employee. At the bottoms of the billboard is clearly stated that Bart Phillips company whose address is on 600 Old Oviedo-Sanford Road in Winter Springs, Fl, paid for the advertisement. The billboard announced: WARNING Entering Winter Springs Unfavorable Business/Investment Environment The is an answer***** VOTE for Someone New this November 7"'. Phillips various business interests in the Winter Springs industrial park contributed significant funds to the election campaign of `Rick' Brown, who was running for Commissioner Blake's Commission seat in Winter Springs, Phillips mailed political yers ci wi e ma igmng i o in er prangs ommissioner is ae e, saying he was bad for business. Blake at the time was running for a County Commission seat. Many in Winter Springs at the time were mystified why Phillips would pour many tens of thousands ofdollars -into a local political campaign? Only Later wouldthe reason become apparent, and today ****obvious. Since the 2006 election, Mr. Phillips has expanded his influence in the City even more: A. Commissioner Brown's final election campaign financial Q4 report for 2006 that Bart Phillips and various MARC interests in the Winter Springs Industrial park contributed $1,750.00, of all the funds raised (not including Bart Phillips billboard on S R 419). B. Following Commissioner Brown's election to the Winter Springs city commission, he immediately nominated Bart Phillips to Central Florida's influential Metro Plan Orlando Advisory Committee. This committee deals with transportation issues of all types in the Central Florida Area. Commissioner Brown commented to a resident at the time that he always repaid those who supported his election campaign. Mr. Phillips recent business interests discussed privately with Commissioner Brown and the others coincidentally also contain a substantial investment in what is obviously an eighteen wheeler truck warehousing complex adjacent to an existing CSX rail spur on MARC's properties in the Winter Springs industrial park. C. It has now come to light that Bart was Commissioner Rick Brown EMPLOYER. before Brown's election to office in Winter Springs. D. Commissioner Rick Brown recently arranged for a Winter Springs resident named Gary Bonner, to run for a city Commission seat in November 2008 for they need three Commissioners on the dais to control the decision making process. Commissioner Brown sponsored Mr. Bonnet's candidate-night party at Brown's business establishment in our Town Center in downtown Winter Springs. Formerly un- employed Mr. Bonner has now been introduced to Mr. Phillips, who hired Bonner as a paid consultant for Phillips forthcoming truck-park expansion plans for which he needs city Commission approval. E. For the past six months Phillips has held many private truck/park related meetings with sitting city Commissioners and aspiring City Commissioner Bonner. Brown has publicly admitted his extensive discussions about projects Phillips wants to develop in the City. One of these projects, MARC's project manager has stated was worth a half million dollars or more. F. Mr. Phillips has also now hired sitting Casselberry Mayor, Robert Goff. Goff now works for Phillips and presents himself to Winter Springs City Staff and Commissioners as Mr. Phillips `Project Manager" for development of Phillips MARC interests, the same project he has been discussing behind closed doors With Brown and the others. He is in fact lobbying for Bart Phillips/MARC. PART B The complaint is being submitted to the Florida Ethics Commission because the information and facts presented in parts A and C of this complaint clarify that serious Sunshine violations have taken place over six months and possibly longer. ~p~~pjgginnPr `Kirk' Rrnwn anti nthPr mPmberS of the Winter Springs Commission were involved in these violations and were aware that at some point their private discussions/arrangements with local business/industrial interests would come before the - elected body of which the Commissioners are_elected voting_members. Mr._Bart._Phillps _ _ __ MARC at 600 Old Sanford-Oviedo Road in Winter Springs has been heavily involved in these apparent Sunshine violations involving members of the City Commission. Based on the evidence, if found to be correct by the Florida Ethics Commission, should require the Commissioners to resign their offices. If the allegations are true, then at a minimum the Commissioners should recuse themselves from any and all future issues or matters brought before the City Commission regarding Mr. Phillips, MARC, or related junk yard concerns of Phillips and/or MARC through the end of the Commissioners respective terms. Also of concern to many is the distinct possibility that off-the-table and/or out of public- viewcompensatory `arrangements' have been made between two elected cities officials as regards the interests of Mr. Bart Phillips and MARC. Elected officials of Winter ~~ c Springs clearly understand and are familiar with inappropriate conduct under Florida Sunshine law. Based upon the information presented in Sections A and C of this report, some or all of the following ten possible violations of Florida Sunshine legislation appear to have taken place repeatedly and need to be investigated by the Florida Ethics Commission. 1. Sunshine violations by Commissioner Rick Brown and other members of the Commission concerning their months of one-on-one behind-the-scenes private negotiations regarding Phillips SR 419 warehousing interests and other MARC industrial park interests. 2. Conflict of interest issues between Mr. Rick Brown and Phillips of MARC following significant 2006 election campaign contributions to Brown's 2006 campaign, and possible financial payback arrangements for Phillips and/or Brown? 3. Financial and or other arrangements discussed by Mr. Phillips regarding funding of Gary Bonner's election campaign for City Commission in Winter Springs. 4. Conflict of interest issues concerning Commissioner Brown's appointment of Bart Phillips to the Metro Plan Orlando (MPO) followed by months of private meetings by Brown and other members of the Commission with Phillips regarding Phillips interests in getting city approval for his unresolved issues with Winter Springs; FINES LEVIED AGAINST PHILLIPS FOR CODE VIOLATIONS DATING BACK TO 2002. 5. Questions concerning Commissioner Brown's and/or other members of the Commission conflict of interest issues regarding their participation in an offset-business association that could involve considerations elsewhere in Florida, the United States or outside the U. S.? 6. Problematic questions that would explain why some Winter Springs Commissioners remained silent for several months during which time the Commissioners were meeting ___ _ _either together or_ separately with MARC, and were aware the others were involved in __ -- Sunshine violation meetings with Bart Phillips on a regular basis. 7. Commissioner Browri and others; to include Mayor of Casselberry, Robert Goff s potential taking of gifts and other forms of compensation from special interests for illegally lobbying City, County, and/or other government bodies on behalf of Phillips interests. Sitting Mayor Goff stated in front of both Brown and other Commissioners of Winter Springs (on March 14, 2008) THAT THE DETAILS OF MR. PHILLIPS PROGRAM IN WINTER SPRINGS HAD ALREADY BEEN APPROVED BY COUNTY AND OTHER GOVERNMENT BODIES CONCERNED. 8. Possible illegal Sunshine violations activities between elected officials of adjacent cities (Winter Springs and Casselbeny) in which Mayor Goff of Casselberry and Mayor ~ --, ,f /,~ Bush of Winter Springs, knowingly and willingly met with and coordinated illegal Sunshine meetings with elected officials of both cities involving Mr. Phillips. 9. Possible conspiracy activities by Mr. Bart Phillips in knowingly and willingly conspiring behind the scenes to corrupt ELECTED OFFICIALS NOW OR FORMERLY IN HIS EMPLOY, AND/OR RUNNING THEM FOR OFFICE SO AS TO ACHIEVE PASSAGE OF HIS PROBLEMATIC PROGRAMS and possibly reducing and/or eliminating standing fines for violations of the City code, through local City government. 10. Finally it has been said that a certain elected official in Winter Springs has been promising citizens who have had a problem having projects approved by the City Staff and Commission that if they vote for Gary Bonner and he wins their problems will disappear. The elected officials above are knowledgeable about Florida Sunshine Statutes and regulations regarding such conduct. Admissions and statements made by all cannot be misunderstood. The elected officials attended formal Sunshine training courses explaining their responsibilities in the conduct of their elected office. City Commissioners are also aware of the correct process regarding developers and that deviations from this process are considered irregular and should be avoided. The citizens of Florida and Winter Springs are sick and tired of hearing about local azea politicians who parlay their public office into legal and illegal paydays. PART C Details Supporting the Complaint There has been an emerging pattern of Florida Sunshine law infringements by Brown and the others. In the recent instances already mentioned above, projects coming before the Commission for approval have been extensively examined and discussed by City Commission for approval. Whether these business projects were good or bad for the city, add value to the community, or its tax base, IS NOT THE POINT, the Commissioner nvolvemenfn this manner and before City staff have all the details violates the - -- - Sunshine process. In both instances the Commissioners did not comment for the record on their involvement nor did they recuse themselves from voting on approval at the time the issue was presented for Commission consideration on the night of March 14, 2008. To the contrary, Commissioner Brown has been making motions favorable to Bart Phillips/MARC and his projects The first instance referred to above (which is not the subject of this complaint), but ought to be, was the `UCF Business Incubator" project which obtained office space on S R 434 near the Greenway in Winter Springs in late 2007. For the UCF incubator to occupy the rental space required an up-front substantial cash infusion by the City of Winter Springs of $150,000. of taxpayers dollars was proposed and approved. Today, six months later the events surrounding that transaction trouble many city residents, suggesting ~~ Commissioner Rick Brown and others knew the office building developer, knew the developer was in financial trouble because he could not get rental clients to rent space in his new building; and therefore arranged for a city cash transfusion to help the developer. The developer at the time even appeared before the City Commission and confirmed that he could not move forwazd with a second new office building in the city until he achieved a certain floor space occupancy rate in the building to be occupied by the UCF incubator. Commissioner Brown, who obviously knew more about this project than the rest of his fellow Commissioners, at the time assured the fellow city commissioners in public hearings that the new building property ad-valorem tax receipts would easily repay the $150,000. taxpayers investment within four years. His remarks are audible in the recorded meeting and the goal suggested appears to fall short of its goal. Because some of the first office building is still vacant six months later there are grounds to suspect that the city's funds were desperately needed to avoid potential developer bankruptcy. Portions of the existing first office building are still not rented, and construction on the new building adjacent to the first has been delayed. Some now suspect that Commissioner Brown and his "business friendly city" rap is nothing but a ruse to help bail-out developers and business owners whom he knows -using City funds, and telling City residents that the transaction will benefit the City. This complaint submitted to the Florida Ethics Commission does not address the above; it is only pointing it out as part of a serious pattern of abuse that appeazs to be taking over Winter Springs government. This complaint involves yet a second business developer in Winter Springs and again seems to involve Commissioner Brown and others in yet more Sunshine law violations. Mr. Bart Phillips of MARL has serious issues with the City of Winter Springs from which he has been seeking relief for years without success. a. His industrial operations are in violation of his permits, making his city operations non-conforming If he c_an get the City of Winter Springs_to lift the non-conforming restrictions he stands to make huge profits in future years. b. Fines exceeding $18,500. levied by the City of Winter Springs against Mr. Phillips non-conforming industrial operation violations in the last five years are significant and have not been settled with the city. c. Mr. Phillips wants to develop a huge delivery truck and warehousing operation on property along State Road 419 but must first obtain City of Winter Springs zoning changes and approval. d. Mr. Phillips is trying to get the City of Winter Springs to allow him to develop his planned warehousing operation in exchange for a narrow strip of land along State Road 419 which would be used for the Seminole County Trail. Mr. Phillips is now known to have privately discussed and coordinated the last two of the above interests with Commissioners Brown and others. Details of Phillips proposals have not been provided to city staff for review before submission to the City Commission, which is the accepted process. The Commissioners behavior is highly irregular and raises other more serious issues beyond those of Florida's Sunshine laws. These private meetings and discussions only came to light at a Winter Spring meeting on February 25, 2008. The issue of the Phillips properties was raised by Commissioner Brown at the February 25, 2008 City Commission meeting. The City Manager informed the Commission that the Phillips properties involved huge unresolved land use issues concerning the Comprehensive Plan and a host of other issues. The City Manager pointed out that City staff was still waiting input from Phillips and had not received it. It is my opinion that Mr. Phillips has decided to deal with Commissioners directly instead of following procedure because is more advantageous to him and his business. Commissioner Brown indicated that areas on Phillips MARC property had already been surveyed and `flagged out' by Phillips, and that Brown had studied them. Staff was not aware of this. Staff pointed out that the last input from Phillips had the area described by Commissioner Brown as being a driveway and not a trail area. Also that Phillips had not notified the City of changes Brown was alluding to. Staff pointed out that Phillips could not have it both ways because City fire safety equipment needed an alternate route into the industrial park, and Phillips, according to Brown's latest information that night obviously planned another use. Commissioner Brown confirmed he had just yet another recent meeting with Phillips only days earlier on the issue, and the former driveway made no sense. The city replied it might not make sense to Phillips, but it did for the City's interest from a public safety viewpoint, as it was the only alternative second route into the industrial area in the event of a serious fire, or other emergency and the other access road was blocked for some reason. (1) The discussion that followed clearly showed that Commissioner Brown already supported Phillips solution for a problem MARC had obviously not discussed yet with City staff, who stood by puzzled as to why any ___ Commissioner. would become so intimately involved_n a matter which was_ really none of __ - _ _ __ his business until it came before the Commission, and furthermore probably constituted a Sunshine violation. When other Commissioners expressed little knowledge about the issues being raised by Brown, Brown suggested a field trip by the Commission to the site. Commissioner Brown also stated that it was unfair for Phillips to deed developable land for the trail. Commissioner Brown concluded his remarks on February 25, 2008, by emphasizing to the City Manager that he wanted to get this project completed and in place as soon as possible so the trail plan being proposed by Bart Phillips could be completed! Since three Commissioners knew nothing about what Brown was talking about, as also seemed to be the case with staff; left unsaid was whether Brown's former employer's plan which he had obviously already accepted, was in fact the best outcome for the City, its residents, or the national trail? Three of the other Commissioner's on the dais realized a serious breach (~ of Sunshine laws had obviously taken place, and it involved Brown and possible two others. The item was concluded by a motion by Brown that the City Commission hold a Field Trip to the property in question, and a date was set for March 14, 2008. The City of Winter Springs Commission `Field Trip' was scheduled for Friday, March 14, 2008 to Mr. Bart Phillips property in the Winter Springs industrial park made it patently obvious that MOST OF THE CITY STAFF PRESENT HAD NOT SEEN THE INFORMATION BEING PRESENTED. When one Commissioner not familiar with most of what was being presented by Goff; (Mayor -City of Casselberry) asked a City staffer about it, he shrugged, observing the City too was still waiting for information from the applicant. Casselberry Mayor Robert Goff did all the talking, and repeatedly assured the assembled five Winter Springs commissioners, and Mayor of Winter Springs, that DOT, the County, and Trails personnel, and other governmental agencies had already approved what was depicted on the various Aerial maps displayed on the tables for review. When Commissioner McGinnis expressed surprise that so much had already been approved before any of it had come before the City Commission, Mayor Goff assured her it had been. When McGinnis asked if it was in writing, Goff assured her it was. She asked that copies be provided to the City and Goff assured her the City would have it the following week. At the March 24, 2008 City Commission meeting, Commissioner Brown again brought up the subject of setting a date for a workshop for the Bart Phillips industrial zone interest, which had been placed on the agenda at the request of Commissioner Brown and after discussion the date was set for April 4, 2008 at which time Commissioner Brown also insisted the workshop be changed to a `Special Meeting' so that Commissioners could in his own words "make some binding decisions on that date." Other Commissioners inquired why a workshop would not be in order? Commissioner Brown, apparently committed, replied in his own words, "we have fooled around with this long enough." veryone was mys i ie ecause a norma s a mg process a no ye en p ace. Brown did not elaborate on what he meant by "we've fooled around with this long enough?' Brown's motion for the Special Commission meeting on the Phillips project __ _ -- _ was then approved by a vote of 3/2 - wt1~ only Brown, Gilmore and Krebs voting for the special meeting. Following this Commission meeting of March 24, 2008, two Commissioners were observed talking at length to Mr. Phillips in front of City Hall. (It is noteworthy to learn that the trail issue has been on the table before Brown ever thought of running and becoming an elected officer in Winter Springs and it has been held up because the County nor the State have been willing to ante up the monies to build the trail over wetlands to the north of Phillips property; making it more palatable and environmentally friendly) It is also important to consider the fact that Bart Phillips acquired this property for $1,SOU,000.and he offered to sell a strip of developable land to the City that Commissioner Brown spoke about for $5,000,000. Not a bad deal considering the slick businessman has two votes in his pocket. /~ It is also worthy to know that the very expensive property in question only pays approximately $1,000. in real estate taxes. Commissioner Brown and others behavior in the above instances are unacceptable. They arouse intense suspicion about accommodations with this junk yard operator who has played such an active part in not only financing past City elections, reciprocity questions and a troubled history of environmental abuse, but who also indirectly did financially assist the Recall Petition by Mr. Markward (something the Commission is already aware of). These elected official's behavior, and that of the Mayor of Casselberry, and a candidate for office in Winter Springs, smacks of bought-and-paid-for politicians in the two cities and possibly elsewhere. In order to update this report and submit a more understandable complaint I waited for the April 4"' meeting steered by Commissioner Brown in behalf of "Bast" as he refers to his former employer, in order to afford you the opportunity to judge for yourselves the relationships existing between some City Commissioners, the Mayor of Casselberry, County officials and School Board officials. It appears that all of the participants aided and abetted each other in an effort to ram this project thru at the Winter Springs City Hall as indirectly stated by the Mayor of Casselberry, Robert Goff speaking in behalf of Mr. Bart Phillips and MARC. It is worthy to note that Mr. Goff responded in positive tones indicating that the School Board issue had been taken care of and the County officials involved had come to some agreement. However, the staff appears to be dumbfounded and not aware of any of the negotiations involving City, County and School Board officials. I am also enclosing copies of the tapes for the meeting of April 4`h to assist you understand what appears to be a certain violation of Sunshine Laws. I am also enclosing a copy of what the Applicant is asking from the City under the title of COMPONENTS OF REQUESTED ACTION included in their proposal and presented to the City on April 4, 2008. ,:,~~,i;nr i J: When commenting on a summary of the Phillips project that had just been reviewed for the first time ever before the Commission, Commissioner Brown summarized the project in terms that leave no doubt that the Sunshine violations rumors about him and other elected officials being involved in questionable activities with Mr. Phillips were not only correct, but more comprehensive than anyone thought possible. Commissioner Brown: "Obviously this is a very complex project and I don't see any of the issues that were put up as being problems. We've seen that they'll have viable solutions as we go through the process. Conceptually, I think its one of the best solutions that we've seen so far." Comment: No other solutions were ever presented to any of the Staff nor City Commissioner's, with the exception of himself and the others that have been negotiating with Mr. Phillips, so what is Brown speaking about? /% Commissioner Brown: "I don't think we've seen an applicant, at least I haven't, who has answered as many questions as they've raised." Comment: What questions is Brown referring to, that Phillips has raised? No one on the Commission understood what he was talking about? Besides, he never attended a City Commission Public hearing or meeting before 2005 when he was thrust into the political arena. Commissioner Brown: "It's a very comprehensive and thoughtful presentation, giving light to the amount of time Commissioner Gilmore spent working on this as well, and consulting with you, and the depth at which their presentation goes." Comment: Whatever Gilmore's role was throughout the long term on going negotiations were known to Brown, who said nothing while admitting that he and Gilmore have been helping Phillips prepare the Item 601 presentation for April 4, 2008 without recusing selves. (My personal opinion is that Gilmore was used because of his background) Commissioner Brown: "Conceptually I don't see anything wrong with it, and I think that the challenges we'll face in getting it implemented are just those and that they will be workable business-type solutions which we can manage with all." Comment: How reassuring, especially in-so-far as until this point, no one in the public was aware of these public officials Sunshine irregularities and/or `bought and paid for' cooperation was underway or in progress????? Commissioner Brown's references above to `viable solutions,' the best solutions he's seen, is truly shocking because several other Commissioners had seen nothing until this time, and the negotiation had not even formally begun, and would not for months to come, but Brown and the others had already decided that their client's `solutions' were e es so u ions e s seen. ommissioner rown a e a on ery an razen ga (maybe unwitting stupidity) to refer publicly to the `time Gilmore spent consulting with Phillips,' and `workable business-type solutions we can manage with all of them.' These are truly scandalous self-indictments publicly made by an elected official supposedly reviewing a project not to be decided upon for months to come, and clearly prove he'd already seen it, made up his mind, and wants it pushed through quickly for his client. The charade was followed by a motion to proceed with rezoning of the Phillips properties and was seconded by Commissioner Brown. Comment: It was Commissioner Brown who at the earlier Commission meeting, insisted repeatedly that the City not hold a workshop on the Phillips project, but a `Special Meeting' so decisions could be voted upon. This motion makes it obvious what Brown's conflict of interest issues are as a seated Commissioner voting on issues as the subject indicates for his former employer and political supporter. (~ Commissioner Brown made a motion to address the non-conforming issue and make it a permitted use on Phillips property in the future, and this motion was seconded by Commissioner Krebs. Commissioner Brown clarified that ordinance language had to be developed for the Phillips property, and made a motion: "I'd like to make a motion that we direct the City Attorney to come back with the direction to allow the applicant to do exactly what he needs to do, with also some consideration regarding the value of his business and property at the time of sale, so that he can make a decision as to what the most fairest thing to do for this business owner is" "New ordinance allows Bart; (as he refers to his former employer) to do what he needs to do on that property to conduct his business, grow it, expand it, beautify it, and in a way that will not injure his ability to sell the property at some point in the future" Motion seconded by Krebs who is being supported by Brown in her re-election bid. Comment: Brown further exposes his obvious long-term association with Bart and is only interested, before Bart's project ever comes before the Commission, to get his long time friend and former employer, privileges which only the Commission can bestow! He adds "It's free enterprise and I certainly don't want the Commission in a position of `Bart' pushing toward a sale for that business and somebody interested in buying that business in carrying it on because `Bart' is abandoning that business to a sale and not being able to do that and making a long term gain on that business" Comment: Brown is obviously aware here of future land sales plans on the part of his friend `Bart' and one can only wonder at the possible/probable arrangements already made behind the scenes between `Bart' and Brown, for Brown's considerations, as a seated Commissioner. Respectfully submitted, .. , .~ dward~artinez Jr ~~ 205 Little Creek L ne Winter Springs, Florida 32708 407 359 5197 ~' (~ ,k I ~ ~~ .~ ~z_ ~~ ;.,- CITY ACTION REQUESTED ~~ ~. ~~~ ~3 L~ ~~~~. ~~~ /Cf DOCUMENTS ATTACHED FOR REVIEW ~~ Gum kr~i~ ~~/~ ~; ~~~~ ~~ ~