Hi all,
Word of the day: "arrogation" = Claim without justification!
Mark Twain is reputed to have said:
"It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so."
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Did you know that UCO was a "Master Homeowner's Association"?
Well, according to the Palm Beach County Board of County Commissioners (PBCBCC), UCO does indeed bear that august title. Please read the following Agenda Item Summary, note especially the red portion:
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Agenda Item # 3K-1
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PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA ITEM SUMMARY
AGENDA ITEM SUMMARY
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Meeting Date: November 20, 2007 Consent [X] Regular [ ]
Public Hearing [ ]
Meeting Date: November 20, 2007 Consent [X] Regular [ ]
Public Hearing [ ]
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Submitted By: Water Utilities Department
Submitted By: Water Utilities Department
Submitted For: Water Utilities Department
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I. EXECUTIVE BRIEF
I. EXECUTIVE BRIEF
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Motion and Title: Staff recommends motion to approve:
Motion and Title: Staff recommends motion to approve:
A) an Interlocal Agreement with the East Central Regional Wastewater Treatment Facilities Operations Board for an allocation of secondary treated effluent from the East Central Regional Water Reclamation Facility (ECRWRF) to the Central Region Reclaimed Water Facility; and
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B) a non-standard Utility Easement from the City of West Palm Beach to serve reclaimed water to Cypress Lakes.
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Summary: This Agreement allocates secondary effluent from the ECRWRF to the Central Region Reclaimed Water Facility. Secondary effluent will be transmitted through an existing pipeline from the ECRWRF to the Central Region Reclaimed Water Facility. The secondary treated effluent will be filtered and disinfected to reclaimed water standards at the Central Region Reclaimed Water Facility providing a drought resistant source of irrigation quality water with an average daily flow capacity of three million gallons per day.
Summary: This Agreement allocates secondary effluent from the ECRWRF to the Central Region Reclaimed Water Facility. Secondary effluent will be transmitted through an existing pipeline from the ECRWRF to the Central Region Reclaimed Water Facility. The secondary treated effluent will be filtered and disinfected to reclaimed water standards at the Central Region Reclaimed Water Facility providing a drought resistant source of irrigation quality water with an average daily flow capacity of three million gallons per day.
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The reclaimed water will be conveyed to Century Village, Cypress Lakes and future customers for irrigation. Secondary treated effluent will be allocated from PBCWUD's flow-based share of wastewater treated at the ECRWRF. This Agreement is required to be executed prior to operation of the Central Region Reclaimed Water Facility.
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The utility easement is necessary for the construction and maintenance of a reclaimed water pipeline to serve the community of Cypress Lakes. The Water Utilities Department concurs with the Utility Easement Agreement provided by the City of West Palm Beach. There is no fiscal impact to the County for acquisition of this easement.
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(Project No. WUD 05-062) District 2 (MJ)
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Background and Justification: The City of West Palm Beach, the South Florida Water Management District and PBCWUD are working together to develop a reclaimed water program as a means of conserving the resources of the surficial aquifer system.
Background and Justification: The City of West Palm Beach, the South Florida Water Management District and PBCWUD are working together to develop a reclaimed water program as a means of conserving the resources of the surficial aquifer system.
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On August 19, 2003, the Board approved a Bulk Reclaimed Water Agreement with United Civic Organization, Inc. (R 2003-1217), to provide up to 750,000 gallons of reclaimed water per day to Century Village. United Civic Organization, Inc. (UCO) which is the master homeowner's association for Century Village in suburban West Palm Beach.
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On June 2, 2004, the Board approved an Agreement (R2004-1449) for the purchase of bulk reclaimed water from the City of West Palm Beach for a five year period not to exceed 750,000 gallons per day.
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On June 6,
2006, the Board awarded a contract with TLC Diversified, Inc. (R2006- 1007) for constructionof the Central Region Reclaimed Water Facility in the amount of $3,598,000.
2006, the Board awarded a contract with TLC Diversified, Inc. (R2006- 1007) for constructionof the Central Region Reclaimed Water Facility in the amount of $3,598,000.
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On February 6,
2007, the Board approved an Alternative Water Supply Program Agreement with the SFWMD(R2007-0161) to fund $1,000,000 for construction of the Central Region Reclaimed WaterFacility and associated piping.
2007, the Board approved an Alternative Water Supply Program Agreement with the SFWMD(R2007-0161) to fund $1,000,000 for construction of the Central Region Reclaimed WaterFacility and associated piping.
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On July 10, 2007, the P.B.C. Board of County Commissionersapproved a Standard Development Agreement between Palm Beach County and the CypressLakes Master Homeowners Association, Inc., (R2007-1134). Cypress Lakes MasterHomeowners Association, Inc. is the master homeowners association for the Cypress Lakescommunity located in suburban West Palm Beach. Cypress Lakes will purchase up to 700,000 gallons of reclaimed water per day to recharge private lakes utilized within Cypress Lakes for irrigation of 130 acres of common landscaped area.
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Ok! the first question is "what is a Master Homeowner's Association"?
and how did the PBCBCC get the idea that UCO was such?
Do not tell me what you think it is; find for me a Florida Statute that defines it; not simply A Master Association, but a Master Homeowner's Association. Now if you can do that; then the next question is; when, and under what authority did UCO assume this power? Furthermore, one might ask; did they have the authority to negotiate the Reclaimed water Agreement to begin with?
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It's called arrogation of power.
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I repeat my question posed in another post on this BLOG;
is there enough Sunlight in 100 galaxies to cleanse UCO of it's darkness?
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Dave Israel
12 comments:
Hi Dave,
Thank you.
Where are the "Original" documents
giving UCO, the Title of MHOA?
If they cannot be produced, with
the required approvals, then the current contract,with the County
would be "null and void"
finding ourselves in another mess,
not to mention the actions that
could be lodged against that particular adminstration..and
perhaps time for the US District
Attorney's Office to be brought
in. Any comments?
I would hope that Vivian Walsh had the contract reviewed by Rod Tennyson, the UCO attorney, and I am wondering how he didn't catch UCO's claim as a master homeowner's association ??
However, is it a possibility that Vivian just signed the contract without lawyer's advice because she was an ALL-POWERFUL UCO PRESIDENT ???
Anyone out there know the answer to this ??
p.s. to 9:59
We're talking about the document on file with the County that is stamped
R2003 1217,
that includes a two page Executive Summary, a 7 page Bulk Reclaimed Water Agreement, and a two page Exhibit A; legal description of the lakes and drainage canals of Century Village,
that was signed by Vivian, witnessed by Fogelman and Shapkin, and notarized by Mary Patrick.
Hi A Nony Mouse
Feb 8, 2009 10:13:00 AM,
Yes, you are of course correct, and thank you for the referenced 2003 douments which you mailed to me.
I used the more current reference, because it's 2007 date level demonstrates that the charade started by Vivian in 2003 is being further propagated by the current Administration, which was clearly in no hurry to correct the egregious error.
The County, oh so happy to sell it's $3,000.00+ per month product (reclaimed water infrastructure) that it was glad to overlook the fact that UCO is not a Master Homeowner's Association (If such an entity exists at all in Florida Law)and deal with an organization that, De-Facto may not be authorized to make such a commitment.
Dave Israel
So, what's the next step then ???
its bummalo and blunk again. they were the two that did all the work to get the water. find out from them if they had to use master hoa in order to get the water
Hi A Nony Mouse
Feb 9, 2009 7:42:00 AM,
Please don't beat-up on Pat Blunck; he is the brightest light in that Office. I doubt they listen to him, any more than they listen to me.
The problem is that some, in the Officers Corps, take their titles a bit to literally; thinking that they know everything and can tell people what to do, simply because they were elected to Office.
We are running a small City here and we need the benefit of virtually all of the Hard Sciences that apply to any given project.
It is critical that we engage all of the technical skills and the legal protocols in all of our everyday business, or things will break down.
Volunteers are a wonderful thing; but you must, from time-to-time, turn on those computers and reach out and seize the power that research and knowledge bring.
The sin is not in ignorance; which simply means lack of exposure to knowledge, the sin is in refusing to act, once exposed, in a manner consistent with the facts; that is stupidity.
Pardon my rant!!
Dave Israel
That is a smart anonymous, say it again maybe “THEY HAD TO USE MASTER HOA IN ORDER TO GET THE WATER”
To Nike,
Since when do cililized, decent people give blessings to FRAUD.
It was not cililized, decent people, it was Vivian, Tennyson, Fogelman and Shapkin. They always knew how to get around the rules. Cili.
Blunck was still with Seacrest or Prime at that time I believe.
Allow me to remind you that Fogelman, Walsh and Shapkin were elected by the brain dead delegates.
And to this day, nothing has changed. It just a lot of talky talk.
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