Showing posts with label Gary Posner. Show all posts
Showing posts with label Gary Posner. Show all posts

Friday, September 2, 2011

Speaking of diversity, will 2012 mark the end of the All-White Hollywood City Commission? And the introduction of more common sense ideas?

Speaking of diversity, will 2012 mark the end of the All-White Hollywood City Commission? And the introduction of some more common sense ideas?

In a city that proudly wears its sometimes competing intentions and aspirations of sophisticated, urban liberal AND upwardly middle-class family-friendly 'beachy' in some pretty obvious ways, whether thru lip service or actual votes for govt. programs borne by all city taxpayers, there's always lots of talk about diversity in and around Hollywood City Hall.
(Personally, I'm a bigger fan of diversity of well-informed, fact-based opinions, but that's just me.)

What there actually HASN'T been, though, since I returned to South Florida from the Washington, D.C. area in late 2003, is any actual diversity on the dais of the City Commission of Broward's fourth-largest city.

Though it has taken some time -longer than I expected- some informed residents of S.E. Broward County that I've spoken to this year are beginning to wonder if 2012 might finally be the end of the All-White Hollywood City Commission.
Wondering if some new faces and new ideas might do wonders to shake things up there, and get the City Commission more tethered to city resident's everyday reality, financial and otherwise, and a lot less worried about the creative pretensions of some.

I'll have more to say about this topic soon, when I discuss what's going on with Hollywood's September 13th referendum that aims to close a $38 million budget gap by giving Hollywood voters the chance to clip the pension wings of the city's Police and Fire Dept. members, and bring them more into line with what is financially reasonable for Hollywood beleaguered taxpayers, some of whom have chosen to leave rather than stay, due to either taxes, schools or crime.

Be sure to take a look at the Balance Sheet Blog if you haven't in the past month to see their take on Hollywood's financial problems. Reporters and columnists read it, why not you?

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South Florida Sun-Sentinel
Hollywood's Wi-Fi promise goes unfulfilled
By Carli Teproff, The Miami Herald
7:37 PM EDT, August 28, 2011

HOLLYWOOD

More than three years ago, the city borrowed $16 million to pay for a wireless communications platform that would give residents free computer network service, as well as automate the water-meter reader system and solar-powered parking meters.

But the system, meant to improve residents' quality of life, isn't completely functional.

"It is definitely not working the way we hoped it would," said Hollywood spokeswoman Raelin Storey.

The idea was simple: install transmitters throughout the city that would allow water meters to be read and sent digitally, and parking meters that would accept credit cards. There would also be a secure network for police, fire and code enforcement officers.

The bonus was a wireless network for residents.

But Johnson Controls, the company hired to handle the project, ran into problems installing enough access points — similar to antennas — throughout the city that would allow the system to work.

Although money for this project didn't come out of the city's general fund, but through separate enterprise funds, residents say the city's failed attempt at creating citywide wireless Internet is yet another example of why the city faces a $38 million budget deficit.

"This is typical Hollywood," said longtime resident Joe Joynt. "We get promised something and we don't get it. They just spend money for no reason."

Some recent projects that have faced criticism include:

• The water tower: Earlier this year the city completed a $680,000 restoration project on the city's water tower. Residents criticized the commission for adding a clock and temperature reader which frequently don't work properly.

• New police cars: Last year, the commission approved spending $655,000 for 26 new police cars. For two months, the vehicles sat in Hollywood's parking lot while the city looked for ways to pay for them.

• New safety complex: In February, the commission approved a $7.9 million safety complex on the beach to serve the new Margaritaville Beach Resort. In July, just months after declaring a fiscal emergency, the commission considered stopping the project, but decided to continue after learning $1.6 million had already been spent on the project.

Storey said Hollywood's deal to bring Wi-Fi to the city has nothing to do with the budget gap.

"Even if we had not done this, our general fund would not be in any better shape than it is currently," she said.

Indeed, none of the projects facing criticism were paid for by money out of the general fund: the water tower was paid for out of the city's Water and Sewer Utility enterprise fund; the police cars came from the central services fund; and the safety complex is being paid for by money from the general obligation bond and the Community Redevelopment Agency.

Storey said Hollywood's budget problems are no different from other cities' across the state and the nation. She blames the recession, the investment market crash and rising pension costs for the budget hole.

"That is something we never anticipated," she said.

When the city signed the contract with Johnson Controls in 2008, the agreement called for the city to see $23 million in savings over 15 years — otherwise the company would make up the difference.

Hollywood took out a $16 million loan in 2008, figuring the money it saved each year by having the system would cover the loan payments.

"At the time it sounded like a great deal for the city," said Commissioner Heidi O'Sheehan. "You never go into a contract hoping it's going to fail."

But Johnson Controls was met with problems. The automated meter reader system would not work because the digital equipment would not transmit through concrete caps. The company then placed the caps with plastic ones, but when it rained the caps floated away, Storey said.

After months of trying different caps and methods, the automated reader system should be online any day, said Storey.

Storey said the parking meters are also working, but with cellular modems instead of wireless, which is being paid for by Johnson Controls.

The Wi-Fi portion, however, will likely not work, said Storey.

There aren't enough public places for access points to be installed without having interference from buildings and other signals, she said.

Johnson Controls could not be reached to comment for this story.

Storey said the city is negotiating with Johnson Controls to get back money for the parts of the system that aren't working.

"If this would have worked as we hoped, we would have been considered ahead of the curve," said Commissioner Beam Furr.

Hollywood is not alone in trying to offer free citywide Internet.

Miami Beach embarked on the journey in 2005, and nearly four years and $5 million later it was complete.

There were some challenges along the way, acknowledged the city's Chief Financial Officer Patricia Walker in an email. But now, Walker said, the system is very successful, with more than 158,000 subscribed users.

Hollywood residents wish that the city came through with its promise.

"This is just a grand fiasco," said Charlotte Greenbarg. "It's sad. Really, really sad."

But Storey said residents have to understand the city is getting its money back and the point of the project was to have an automated meter reader system, which will work.

"It is disappointing to say the least that it hasn't worked," Storey said. "But people shouldn't be left with the impression that $16 million is down the drain."
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While you were away this summer...


South Florida Sun-Sentinel
Developer sues Hollywood for $1.3 million after not repaying $3.5 million loan
By Megan O'Matz, Sun Sentinel
1:19 PM EDT, August 13, 2011

HOLLYWOOD

A developer who borrowed $3.5 million from the city and never repaid it is suing the town for $1.35 million — a move seen by many as unspeakably outrageous.

"There are a lot of people out there that have a lot of chutzpah," said City Commissioner Fran Russo, who vowed not to give developer Gary Posner "5 cents."

Technically, the suit, like most of its kind, is about contract language and legal definitions.

But the simple filing of it — asking for another million-plus after what the city views as defaulting on a taxpayer-financed loan for three times that — raises questions for many.

"Galling," is how Terry Cantrell, president of the Hollywood Lakes Civic Association, describes the suit.

The city and Posner disagree on whether he still owes $3.5 million. The city says he does. He says the land was sold to another firm that was supposed to repay the loan, but didn't.

Hollywood, in an effort to stimulate development, released that company from the debt. But it contends Posner is still on the hook.

Louis Arslanian, the attorney who has filed the suit on behalf of Posner, recognizes the public relations problem the claim for $1.35 million presents. "It kind of makes me look like a really bad guy," he said. "I am so not a bad guy."

The lawsuit, against the city's Community Redevelopment Agency (CRA), is expected to be tried soon before a Broward County jury.

The agreed-to facts are these: Between 2004 and 2005, Posner's company, HART District Ltd., borrowed $3.5 million from the CRA to purchase and improve a drab corner, including the landmark Bread Building, at South 17th Avenue and Harrison Street, off Young Circle.

The plan called for a performing arts theater, condominiums, shops, offices and a school.

None of that materialized except for the charter school, the Hollywood Academy of Arts and Science. It takes up four floors of the Home Tower, a previously existing office and residential high-rise.

In addition to the $3.5 million loan, the redevelopment authority gave HART District more than $1.6 million in "incentives" through 2008 to start and run the school.

The payments were required under the city's agreement with the company.

But in 2009, after the HART District defaulted on its loan payments and the redevelopment project collapsed, the city refused to pay an additional $270,000 a year for the charter school through 2013.

The Community Redevelopment Agency contended Posner's company breached the contract by failing to meet school enrollment targets and not providing audited statements of how it spent the incentive money.

HART District sued. It wants the city to pay $270,000 a year for the five years from 2009 through 2013, or $1.35 million in all.

The city agency countersued.

"We are asking to have the $3.5 million repaid. That is our suit," Hollywood City Attorney Jeffrey Sheffel said.

Posner's camp is arguing that he is no longer duty-bound to pay back the $3.5 million. "The HART District doesn't owe any money anymore," Arslanian said.

That's because in 2007, HART District sold the development project to WSG Development Co. of Miami Beach, which under terms of the purchase agreed to assume the debt for the $3.5 million CRA loan.

But in August 2008, the CRA released WSG from the obligation.

In return, the developer agreed to downsize the proposed residential tower, from 420 units to 390, to placate residents upset over its scale.

City officials say HART District, however, is still on the hook for the money it borrowed from the city. "HART was never released from the debt," Sheffel said.

HART District disputes that, arguing in court papers that the "CRA has completely eliminated the debt."

Today, with $3.5 million in taxpayer funds still unreimbursed, Hollywood's municipal finances are in disarray and the HART District parcel, known as Block 58, is an eyesore. Because of the economic downturn, WSG hasn't built anything. Last year, the company's lender foreclosed on the property.

Construction barriers block off a stretch of sidewalk. The Bread Building is locked tight, with vacant storefronts. A hulking and largely unused parking garage sits next to a vast lot with sparse patches of grass.

Said Cantrell: "That block is representative of the city's failed efforts at downtown redevelopment."

Meanwhile, Posner's suit is pending. It was on Judge Mily Rodriguez-Powell's calendar for trial in early June but was postponed and must be rescheduled.

Russo, the city commissioner, said she can't fathom how Posner can go forward with the suit. "He owes us money that he doesn't want to pay, and he wants us to give him money for that charter school. … just hope he doesn't win."

If Posner does win, Arslanian said, the lawsuit proceeds may be used to pay a $476,400 judgment against HART District in a separate, drawn-out legal saga involving the Home Tower building that houses the charter school.

"Another whole mess of a situation," Arslanian said.
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South Florida Sun-Sentinel
Hollywood gives initial OK to putting pension reform on ballot
Police and firefighters protest agreement
By Tonya Alanez, Sun Sentinel
8:11 PM EDT, July 18, 2011

Hollywood City commissioners tentatively agreed Monday to let voters decide whether to reform employee pensions as part of an effort to close a $38 million budget gap.

After the unanimous votes — one pertaining to each of the city's three unions — a deep, loud chorus of "Shame, shame, shame on you," rang out from police and firefighters who had packed into City Hall.

Vice Mayor Patricia Assef said the city's state of financial urgency has forced some difficult and unpopular decisions. "Nobody wants to do this, but it's either this or how are we going to pay them?" she said.

The proposed pension changes are specific to each union, but each would increase retirement ages, eliminate cost of living adjustments, and alter the formulas that calculate pensions. For example, under the current plan, a general employee hired in 1996 who retires in 2021 would have received an annual pension of $45,000. Under the new plan, that employee would get $34,500 a year.

The reform would also eliminate the DROP plan — or Deferred Retirement Option Program — which allows long-time employees to defer retirement for a set period and "bank" retirement benefits they can later take in a lump sum.

"This is not reform of the pension, this is gutting of the pension," said Michael Braverman, attorney for the Police Benevolent Association.

Because the unions have not agreed to the changes, the city by law must put it to voters. So on Monday commissioners gave initial approval to spending $400,000 to put the item on a Sept. 13 ballot. If voters approve, that would allow the changes to go into effect Oct. 1, the beginning of the new budget year.

A final commission vote on the matter has not yet been scheduled in the hopes that the sides can come to an agreement.

Matthew Lalla, director of the Finance and Information Technology Department, projected pension reform would save the city $8.5 million. "That's a pretty substantial piece and we're definitely counting on it," he said.

Earlier this summer, commissioners laid off 16 city employees, slashed pay for most city workers by 7.5 percent, and cut salaries for police and firefighters by 12.5 percent.

If pension reform is not achieved, said interim City Manager Cathy Swanson-Rivenbark, the city would have to cut employee pay by an additional 25 percent, lay off 150 employees, cut and privatize services.

Ralph Dierks, of the American Federation of State, County and Municipal Employees said he believes commissioners are using financial urgency as a tool.

"I think the city commission and management is being driven by the ability to use financial urgency to make gains against the employees that they would never achieve through negotiations," he said.

Dan Martinez, president of Hollywood Professional Firefighters Local 13-75, said, "It needs to be negotiated amicably. It shouldn't be thrust into the public's hands to make this decision."

Painful as it is, mending the city's budget is critical, Mayor Peter Bober said.

"We're dealing with people's livelihoods, so I totally understand the anger and frustration,'' Bober said. "But I have to close a $38 million gap and there is no easy or pleasant way to do it."

Aug. 12 is the latest commissioners could cancel the election and not have to pay the total $400,000, though there would still be some costs for sending out absentee ballots, posting legal notices and training poll workers, said Mary Cooney, director of public services at the Broward Supervisor of Elections Office.

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South Florida Sun-Sentinel
Hollywood delays vote on erasing Holocaust education group's $1.7 million debt
By Megan O'Matz, Sun Sentinel
July 18, 2011

HOLLYWOOD — — Faced with a chorus of disapproval from residents, city commissioners couldn't bring themselves Monday to agree to write off a $1.7 million debt owed by a group that hopes to open a Holocaust museum in the heart of downtown.

Instead, they postponed the issue until October to give staff time to find a more palatable way to help the Holocaust Education & Documentation Center, which has collected the oral histories of 2,400 survivors of Nazi genocide.

"At least they didn't deny [assistance]," said Aron Halpern, a Holocaust survivor who lives in Hollywood.

The center bought its building at 2031 Harrison Street from the city's Community Redevelopment Agency in 2004, and was lent the purchase price by the CRA, but has yet to repay a cent. Now, it's asking the city to be released from its obligation, saying unexpectedly costly renovations have hampered its plans to open a gallery on the first floor that would draw tourists and much needed business to the area.

It's a tough time for such a request. The city is facing a $38 million shortfall in its operating budget in 2012. City redevelopment money comes from a different pot, but the distinction was lost on residents and business people who jammed the meeting room Monday.

"To give away money in such dire times makes absolutely no sense," said resident Charlotte Greenbarg.

Commissioner Fran Russo said she could not support forgiving the obligation when "we have foreclosures by the minute in the city of Hollywood."

Commissioner Heidi O'Sheehan expressed the hope that the promised museum would open, but said she was disappointed in private meetings with the center's leaders that they were unwilling to pay back any amount, "not one penny."

Without the loan forgiveness, the center could be forced to sell the building and move elsewhere, warned attorney Jonathan Jaffe, who is assisting the center in its negotiations with the CRA.

In its lobbying efforts, the center turned to former mayor Mara Giulianti, now an unpaid board member for the Holocaust center. She interrupted a vacation in Maine last week to return to Hollywood to champion the project and has emailed officials and staff about it.

The prospect of Hollywood losing yet another asset — on downtrodden Harrison Street especially — did not sit well with Commissioner Beam Furr, who led the charge to delay the vote.

Hollywood, he said, needs "destination power" — more reasons for people to visit.
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Meanwhile, once upon a time, in 2005...

The Florida Masochist blog
Something fishy in Hollywood Florida?
July 10, 2005

See also:

Saturday, April 21, 2007

Trouble continue apace at Hollywood's Young Circle, to the tune of $16.5 Million

Continuing the pattern of years of mismanagement and lack of direction -and these are just the problems the city knows know about now!
It will be a very bad day when Hollywood city manager Cameron Benson & Company see what I've got on the blog soon about a self-evident life and death matter the city continues to ignore right next to the Arts Park at Young Circle.
This, despite my having gone to City Hall in person some nine weeks ago to spell it out in detail to a city employee, even to the point of making a diagram so there was no confusion.
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South Florida Sun-Sentinel
FORECLOSURE MAY SOCK HOLLYWOOD IN ITS WALLET PROJECT'S COLLAPSE COULD COST PUBLIC $1.6 MILLION
April 21, 2007
John Holland, Staff writer

Two cornerstone buildings in a project aimed at turning Young Circle into a center of art and culture have gone into foreclosure, leaving taxpayers on the hook for at least $1.6 million in mortgages.
The Young Circle Garage, bought with an $800,000 loan from the city three years ago, goes on the auction block May 17, and the Hollywood Bread Building is being foreclosed while owing at least $800,000 to the city, according to court records. The city never obtained first mortgages, meaning Hollywood is last to be paid if any money remains when the properties are sold.
City officials are negotiating with another developer to take over the project before the auction, but the property owned by HART District Ltd., which covers the entire southeast corner of Young Circle, has been on the block for almost a year without any takers, according to city records.
Community Redevelopment Agency Director Neil Fritz said Friday the city may have to come up with more financial incentives to lure a developer willing to repay the loans and still build a project in line with the city's vision of downtown.
The default by HART ends what city commissioners have called the most mismanaged and ill-conceived project ever approved by the CRA Board, which is comprised of the mayor and City Commission.
Three years ago, in their desire to transform a decrepit slice of downtown into an arts district, commissioners gave HART and its president, Gary Posner, a $7 million package of loans and grants to build a charter school, playhouse and center for the performing arts. Posner bought the entire block between Van Buren and Young Circle, going heavily into debt as South Florida real estate prices soared, county records show.
Although Posner had never undertaken such a large project, the city never conducted any studies to see if he had the financial and technical ability to make it work, commissioners admitted later.
Only the charter school was completed; HART missed every other construction deadline, according to city records. HART repeatedly defaulted on loans and still owes a total of $3.5 million to the city, all of it secured with second or third mortgages on other HART District properties.
Posner would not comment when reached by telephone on Friday, but in the past he blamed rising real estate costs and a lawsuit involving the garage for his troubles.
If Fritz finds a developer before next month's deadline, Hollywood will recoup its loans and the foreclosure problems become moot. If not, the city has to hope some money is left over after all other creditors are paid from the sale price.
"We're perfectly aware of every single deadline and every single foreclosure, and I'm cautiously optimistic that someone will take over Block 58," Fritz said, adding he no longer calls the corner "the HART project". "It's up to the strength of the market to say how much the properties will go for if they are sold (at auction)."
"The worst case scenario is you lose all your money," Fritz said. "But we've taken steps to strengthen our collateral position in the last year, and, depending on the interest in the market, I believe we'll be protected."
The project has been troubled from its inception, beginning when the city helped HART buy the Young Circle Garage from a man who didn't even own the property. After years of lawsuits, HART was awarded the garage and the city took over a third mortgage.
In March, The Hollywood Bread Building, Inc., which sold the building to HART and retained a first mortgage, filed to foreclose, naming Hollywood as owner of a secondary mortgage.
According to court records, Hollywood gave HART an $850,000 loan to buy the Bread Building on Feb. 1, 2004. Posner never made any payments on either loan, according to the foreclosure lawsuit.
In January, after a South Florida Sun-Sentinel investigation outlined years of problems and misspending on the HART District project, City Commissioner Cathy Anderson called for an outside audit, but none of her colleagues backed the plan. Friday, Anderson said she opposes giving money to induce a new buyer."

I will not spend another penny on the HART project," Anderson said. "We've spent plenty already."

John Holland can be reached at jholland@sun-sentinel.com or at 954-356-4516.
Copyright 2007 Sun-Sentinel Company