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~
~~/~
~;
~~~~
~~ ~