Showing posts with label Attorney Link Gibbons. Show all posts
Showing posts with label Attorney Link Gibbons. Show all posts

Wednesday, September 03, 2014

September 3, 2014 City Council's Super Short Meeting; Chesney and the Sunshine Law

The Morristown City Council met yesterday, and it was over almost as quickly as it began.


If you blinked, you pretty much missed the meeting.


But don't worry. You didn't miss much.
A truck was purchased and some outdated language in the sign ordinance was deleted.


In the work session that followed the meeting, Parks and Rec Director Craig Price presented information on a playground for Wayne Hansard Park on the west end of the City.


The work session is where information is shared and items are discussed but no votes are taken.


During Price's presentation, however, Councilmember Paul LeBel decided to request a "show of hands" in support of the proposal.


This isn't the first time, LeBel has requested a "show of hands" at a meeting or work session.


LeBel requested a "show of hands" from councilmembers who would support CPA Glenn Thompson's appointment to the MUS Board at a council meeting in July. 


Six hands went up. LeBel's "raise your hands" vote came just two weeks after Councilmember Chesney announced on his Facebook page (https://www.facebook.com/GaryChesneyMorristown?ref=stream) that Thompson was the "consensus" of a majority of councilmembers.


How Chesney knew that a majority of councilmembers were in favor of Thompson raised the question of whether Chesney had been discussing the vote on the MUS appointment with fellow councilmembers in violation of the state "Sunshine" law that requires that all deliberations on public business occur in public.


Other posts by Chesney on the recent MUS appointment process also hint at possible "Sunshine" law violations.


In a recent (August 27) post, Chesney denied any Sunshine Law violations and said he got his information about councilmembers' preference for Thompson from MUS Board members and not from other councilmembers.


A little more information would clarify whether there was, in fact, any Sunshine violation.


Which MUS Board members discussed a possible Glenn Thompson appointment with Chesney? 


Who brought up Glenn Thompson's name? Chesney? Or the Board member(s)?


Who did Chesney talk to in order to get a "count" showing that a majority of council supported Thompson?


Who did the MUS Board member(s) talk to in order to get a "count" showing that a majority of council supported Thompson?


Was someone taking a "count" for Chesney in order to try and prevent a Sunshine violation by Chesney? 


Oh--and Gary decided to delete his post of July 2 that mentioned that a majority of council supported Thompson. Why?


To help Gary's recollection of his July 2 post, Attorney Link Gibbons re-posted Gary's July 2 entry as part of Gibbons'  "comments" on Chesney's August 27 post.


Link Gibbons Gary, I assume I am the concerned citizen you are addressing above regarding a possible violation of the Sunshine Law as I questioned how you seem to have knowledge of other council members' votes before the issue is addressed publicly. I also specifically asked how you knew a "majority" of council members' preference for Glenn Thompson for the MUS board as stated in the last paragraph of your July 2nd facebook post, some two weeks before the informal show of hands at council's July 16th meeting. Since this post appears to have been deleted from your facebook feed, I will repost it in full for your recollection:

COUNCIL REPORT: The Industrial Development Board (IDB) is good-to-go with a complete set of members, but the Morristown Utilities System (MUS) Commission has work to do.

Tuesday's Council meeting saw Dr. Jack Campbell, Tim Coley, Joel Hice, and Andy Smith reappointed to six year terms on the IDB. Terry Ball's term was also expiring but he withdrew his name from reappointment consideration after legal research determined Ball's recent appointment to the city's Planning Commission made him ineligible to also serve on the IDB.

IDB nominations traditionally come from the Chamber of Commerce, however, Council can make its own nominations - and did, by voting in local building contractor Ed Hale. The vote was 6-1 with Mayor Thomas dissenting.

Raul Rangel will fill another IDB slot created when banker Jennifer Schuchart vacated. The 15 board members are required to be city property owners. It was recently discovered three did not which delayed the reappointments by two weeks while corrections were made.

The vacancy on the MUS Commission will remain empty a while longer. Mayor Thomas nominated Max Biery from the three names served up for consideration by MUS. Council voted 6-1 against. The process repeats with three new names at either at the next meeting, or could be delayed until the first August meeting.

CPA Glenn Thompson appears to be the preference of the majority of Council members.
 

Wednesday, January 30, 2013

January 30, 2013 More LeBel Testimony in Hurley Hearing: Unrevealed Conflicts and Hillbilly's Cabin

A little more video of the testimony of Real Estate Agent/Councilman Paul LeBel at the Administrative Hearing concerning fines and penalties levied by the City against developer Eddie Hurley. The City Council which was the "jury" in the hearing eventually voted 6-1 to waive all fines and penalties and move on. Video is here.
 
In a previous post, there is also a video of LeBel refusing to answer questions about his actions and possible conflicts of interest involving commercial property such as the old Berkline site where he was the real estate broker/agent and the competing commercial developments of Mr. Hurley. That video is here.
 
During later testimony, Attorney Link Gibbons asked LeBel about his abstention from voting on the Bojangles rezoning. LeBel stated there was a conflict in that situation and that he abstained because he was involved in the sale of the Bojangles property to Don Bunch at auction.
 
Gibbons then asked if there were "other" conflicts in that transaction which LeBel did not announce. LeBel's interesting response is in this video: 
 
 
 

And if you want up-to-date medical news, sit with LeBel and his special friend Doe Jarvis at lunch at Hillbilly's Cabin.
 

Sunday, January 20, 2013

January 20, 2013 Tony Cox Testifies That Councilman/Real Estate Agent Paul LeBel Met with Tony "Many" Times To Discuss Problems and City Actiona against Developer Eddie Hurley


The administrative hearing before City Council in late Decenber concluded on January 10th with the City Council voting 6-1 to waive all fines and penalties against Eddie Hurley.

The deliberations were covered in a previous post with videos of council's discussion. Here.

Paul LeBel's name came up repeatedly during the hearing with accusations that he was using his position as a councilmember to hurt a competing developer Eddie Hurley while at the same time he was appearing in meetings with City staff assisting his developer/clients.

LeBel sent and received several emails to and from City Administrator Tony Cox prior to the City's initial imposition of stiff fines and penalties on Eddie Hurley and his Panther Creek/West A.J. development.

Two very short videos of Tony Cox and LeBel testifying in the Administrative Hearing are posted today along with one interesting email exchange between City Administrator Tony Cox to Councilman/real estate agent Paul LeBel . You can click on the email to enlarge and read it. Click on the play button to see the videos.

First video, Tony Cox on "many" meetings in "many" locations with LeBel comparing "notes" in regard to the Hurley development.
.
 
 
Second video. Paul LeBel is called to testify and refuses to answer questions about his real estate interests that might reveal conflicts of interest where one of his clients may have been attempting to locate a Weigel's on property where LeBel was the broker while a competing developer (Eddie Hurley) was seeking to locate a Weigel's at a competing location (Panther Creek Road) where LeBel was not the real estate broker...
 
 

 
 

Tuesday, January 15, 2013

January 15, 2013 Council's Deliberations in Hurley Hearing

After 3-1/2 days of testimony and introduction of numerous emails in connection with the development of the Eddie Hurley property at the intersection of Panther Creek Road and West A.J. Hwy, council voted 6-1 to waive all fines levied against Mr. Hurley by the City.

Mayor Thomas, Gene Brooks, Dennis Alvis, Chris Bivens, Paul LeBel, and Kay Senter voted to waive the fines. Bob Garrett voted "no."

During the hearings, Hurley's attorney Link Gibbons introduced several emails between City Administrator Tony Cox and Councilman Paul LeBel regarding the Hurley property. Hurley's attorney alleged that LeBel, a broker with strong ties to other developers, had a conflict of interest because LeBel was pushing for action against developer Hurley while LeBel was not pushing for action on City violations against the Berkline property where LeBel was the broker.

Because of LeBel's emails and "many" meetings with City Administrator Tony Cox regarding the Hurley property, LeBel was asked several times to recuse himself from the deliberations. He repeatedly refused. Videos of LeBel's testimony will follow, but for now here are videos of the January 10th deliberations and vote.

Brooks and LeBel:


Alvis and Bivens:


LeBel and Senter and Thomas:


Mayor Thomas:



Mayor Thomas and the Vote:



Sunday, September 23, 2012

September 23, 2012 Eddie Hurley Addresses Council on W.A.J./Panther Creek Road Development

Developer Eddie Hurley attempted to addess the Morristown City Council on September 18 about difficulties that he claims to have had with the city engineering department in moving forward with his project at the corner of Panther Creek Road and West Andrew Johnson Highway.

Hurley also expressed concerns about his inability to get a date from City Administrator Tony Cox for an administrative hearing before Cox on violations and fines and penalties that have been assessed against Hurley/Lakeview Management..

Cox interrupted Hurley during Hurley's comments and asked that Hurley not discuss the specifics of his grievances with Council since any appeal of Cox's administrative decision would eventually be heard by the full council. 

Cox's failure to respond and set up a hearing date was one of Hurley's grievances.  Continuing and accruing penalties was another.

City Attorney Dick Jessee said one way to stop the accruing penalties would be to pay the penalties due "under protest."

Hurley asked whether his site plan would be held up as a result of the ongoing difficulties. Cox stated that the site plan was independent of the fines and penalties.

Hurley's attorney Link Gibbons addressed the council briefly at the end of Hurley's remarks to further explain some of Hurley's concerns and to ask for specific citations to the City Charter for the conduct of administrative hearings and for the authority of Cox to act as hearing officer.