Thursday, January 7, 2010

It's all about Trust

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Static billboard next to City Water Tower

There is always that one explicit moment when all of a sudden you become "political" opposed to just living and being happy staying in the fringes with just average interest. Our former Fire Chief had his defining moment. I had mine nearly 5 years ago. We always remember what triggered our interest over and above the normal vote on election day. In both our cases it was something that affected us and it involved our own city and we knew that we had to stand up for what we believed was right. After we "jump in," there is no going back for we know if what caused us to become involved (which is usually predicated on a perceived wrong against you or someone) will happen again.

I can’t quite put my finger on the problem and the uneasy feeling I had at Tuesday’s commission meeting but it all evolves around trust. Only 25% of the people believe that our elected officials will do the right thing according to an NBC News/Wall Street Journal Survey. When we get their answer and we get their solution, are we getting the facts? Are we being told the absolute, bottom line best direction or are they doing what is more cost effective? Are they wasting our money? We never know. If you are getting all 5 to 0 votes, then someone is NOT doing their job. This is a government by the people. If that is truly the case, then we have no one but ourselves to blame if the government fails to act responsibly.

Legal Reform Now says, “The lawsuit settlement process subverts the right of being heard by a jury of ones peers as required by the U.S. Constitution in Article III. Section 1.1. Of course, the billboard matter would not have a jury, but the premise is obvious.

When it comes to the billboard signs on Lake Worth property that are seen from I-95, it has to make you wonder. Six of these signs have been up for two years and not one dime has been received by the City. Are any of these people now still employed that created this horrible and costly problem? Tuesday night there was another “settlement” agreement sanctioned by the City Manager and the City Attorney. De je vu and another bad joke.

It is apparent that the City is paranoid about law suits. Anyone who comes here threatening a lawsuit, can rely on the chances of it being settled before the suit is filed. This is typical lawyer strategy. They know that municipalities are on tight budgets and want to save money. Outside lawyers use their strong armed tactics and scare vulnerable city staff. They are hired to do that very thing. It is all a game and they are going to win it.

Because of court costs, legal fees and just the overall pressure of settling, 98% of all potential law suits are settled before they even go to court. Lawyers just don’t really want to work that hard. They have so many of these types of cases and sometimes make just as much in the settlement then going through all the prep work for trial. Remember Tom Cruise in A Few Good Men--that was his character’s philosophy. The worst person in the world, often times with no case, will present a settlement. Settlement has nothing to do with what or who is right. Frivolous law suits are usually cheaper to settle than going to trial. When our City conforms to this standard, then all of the citizens are shortchanged as far as our Constitutional rights.

CBS Outdoor, Inc. was assigned the rights of 3 billboards from InterState. In August of last year, they wanted 2 more billboards and applied for permits. One is an LED that is on 24 hours a day. We told CBS that our Ordinances did not address LED signs and then they presented a “Settlement Agreement.” Prior to that, we had told InterState Signs that we had an Ordinance against billboard signs, period. We got them anyway. What in the heck? Bad City lawyering? Ineffective ordinances?

Before any Contract is signed, it should be read by a bevy of lawyers if needed. We must start getting these things right and to the advantage of Lake Worth taxpayers and stop being intimidated. If we are going to continue to “settle” every time someone threatens to sue us, then we might just as well give up our Charter now. Ordinances have proved to be meaningless in the case of the billboard blight. Oh, I hope that the mafia tactic settlement agreement cuts them off at the knees if they do not pay us within the five days of them receiving the City’s written confirmation on the approvals and certifications.

Let’s start negotiating with the best interests of Lake Worth for a change. Rene Varela said Tuesday night that we will have to learn to trust our Staff. We will, when we can trust them to get it right.

CBS Outdoor, Inc., attorney texting after 5/0 vote to settle.

CBS Outdoor is a division of CBS and currently operates nearly 550,000 outdoor media displays nationwide. With unlimited resources, they have clever lawyers paid to find loop holes in city ordinances. We have now been added to their short LED customer base. Below is their current digital billboard market--

Atlanta, GA (4 Digital Billboards)
Chicago, IL (2 Digital Billboards)
Detroit, MI (5 Digital Billboards)
Flint, MI (1 Digital Billboard)
Grand Rapids, MI (2 Digital Billboard)
Hartford/New Haven, CT (2 Digital Billboards)
Los Angeles, CA (15 Digital Billboards)
Miami/Ft. Lauderdale, FL (5 Digital Billboards)
Nashville, TN (1 Digital Billboard)
New Jersey, NJ (3 Digital Billboards)
New Orleans, LA (1 Digital Billboard)
New York, NY (1 Spectacular Digital Billboard)
Orlando, FL (2 Digital Billboard)
Phoenix, AZ (4 Digital Billboards)
Sacramento, CA (3 Digital Billboards)
San Francisco, CA (4 Digital Billboards)
St. Louis, MO (2 Digital Billboards)
Tampa, FL (6 Digital Billboards)
West Palm Beach, FL (2 Digital Billboards)

The only thing I trust out of this entire matter is that we will be looking at these billboards for 20 years.

1 comment:

kkss21 said...

Note to Lake Worth Commissioners-you are not acting in the best interests of the taxpayers of Lake worth. We did not elect you to be the weenies that you have become.Lake worth could not keep a match lit in hell.